House File 377 HOUSE FILE BY MASCHER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for the retention of licensing and renewal fees 2 received by the board of nursing, and providing an effective 3 date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2874YH 80 6 rn/cl/14 PAG LIN 1 1 Section 1. NEW SECTION. 152.13 FEES == SPECIAL FUND 1 2 CREATED. 1 3 1. It is the intent of the general assembly that licensing 1 4 and renewal fees received by the board of nursing shall be 1 5 used to finance the duties and activities of the board and to 1 6 provide funding for the administration of the board and all of 1 7 the board's programs. 1 8 2. Notwithstanding section 147.82, the board of nursing 1 9 shall collect and retain all licensing and registration fees 1 10 and shall deposit the fees into the board of nursing special 1 11 fund, established as a separate fund in the state treasury 1 12 under the authority of the board for the sole use of the 1 13 board. Moneys deposited in the special fund shall be 1 14 considered repayment receipts as defined in section 8.2 and 1 15 shall be continuously and exclusively available to the board 1 16 for the purpose of carrying out the duties, activities, and 1 17 administration of the board, and all of its programs and to 1 18 pay all costs and expenses incurred in connection with the 1 19 operation of the board, including but not limited to 1 20 additional full=time equivalent positions and travel. Amounts 1 21 deposited in the special fund shall not be transferred, used, 1 22 obligated, appropriated, or otherwise encumbered except as 1 23 provided in this section. 1 24 Notwithstanding section 8.33, moneys deposited in the 1 25 special fund that remain unencumbered or unobligated at the 1 26 close of the fiscal year shall not revert to any other fund 1 27 but shall remain available for expenditure for the purposes 1 28 designated in future fiscal years. Notwithstanding section 1 29 12C.7, subsection 2, interest or earnings on moneys deposited 1 30 into the special fund shall be credited to and remain a part 1 31 of the special fund. 1 32 3. The executive director of the board shall keep an 1 33 accurate and detailed account of fees and funds received and 1 34 deposited, account for any expenditures and refunds made, and 1 35 manage any fees and funds received to defray board expenses. 2 1 Payments out of the special fund shall be made only upon the 2 2 direction of the board by the executive director of the board. 2 3 The fund shall be subject to annual audit by the auditor of 2 4 state. 2 5 Sec. 2. EFFECTIVE DATE. This Act, being deemed of 2 6 immediate importance, takes effect upon enactment. 2 7 EXPLANATION 2 8 This bill provides for the creation of a special fund 2 9 within the state treasury into which shall be deposited 2 10 licensing and registration fees received by the board of 2 11 nursing. The bill provides that a special fund is established 2 12 for the board within the state treasury, and that amounts 2 13 deposited therein shall be used to finance the duties and 2 14 activities of the board and to provide funding for the 2 15 administration of the board and all of its programs. The bill 2 16 provides for the establishment of the fund, notwithstanding a 2 17 provision that directs that licensing fees collected by a 2 18 board shall be deposited into the general fund of the state. 2 19 The bill provides that all licensing and registration fees 2 20 shall be deposited into the fund and shall be considered 2 21 repayment receipts pursuant to Code section 8.2. The bill 2 22 provides that moneys deposited in the fund shall be 2 23 continuously and exclusively available to the board for the 2 24 purpose of carrying out the duties, activities, and 2 25 administration of the board, and all of its programs and to 2 26 pay all costs and expenses incurred in connection with the 2 27 operation of each board, including but not limited to 2 28 additional full=time equivalent positions and travel. The 2 29 bill provides that amounts deposited in the fund shall not be 2 30 transferred, used, obligated, appropriated, or otherwise 2 31 encumbered except as provided in the bill, that moneys 2 32 deposited in the fund remain unencumbered or unobligated at 2 33 the close of the fiscal year shall not revert to any other 2 34 fund but shall remain available for expenditure for the 2 35 purposes designated in future fiscal years, and that interest 3 1 or earnings on moneys deposited into the fund shall be 3 2 credited to and remain a part of the fund. 3 3 The bill provides for the accounting of deposits into and 3 4 expenditures out of the fund by the executive director of the 3 5 board, and provides that the fund shall be subject to annual 3 6 audit by the auditor of state. 3 7 The bill takes effect upon enactment. 3 8 LSB 2874YH 80 3 9 rn/cl/14