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