House File 2748 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2568)
(SUCCESSOR TO HF 2289)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the retention of fees by licensing boards,
2 and the bureau of radiological health, under the purview of
3 the Iowa department of public health, providing for the
4 nontransferability of specified fees, and providing effective
5 dates.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 136C.10, Code Supplement 2005, is
1 2 amended to read as follows:
1 3 136C.10 FEES.
1 4 1. a. The department shall establish and collect fees for
1 5 the licensing and amendment of licenses for radioactive
1 6 materials, the registration of radiation machines, the
1 7 periodic inspection of radiation machines and radioactive
1 8 materials, and the implementation of section 136C.3,
1 9 subsection 2. Fees shall be in amounts sufficient to defray
1 10 the cost of administering this chapter. The license fee may
1 11 include the cost of environmental surveillance activities to
1 12 assess the radiological impact of activities conducted by
1 13 licensees.
1 14 b. Fees collected shall be remitted to the treasurer of
1 15 state who shall deposit the funds in the general fund of the
1 16 state. However, the fees collected from the licensing,
1 17 registration, authorization, accreditation, and inspection of
1 18 radiation machines used for mammographically guided breast
1 19 biopsy, screening, and diagnostic mammography shall be used to
1 20 support the department's administration of this chapter and
1 21 the fees collected shall be considered repayment receipts, as
1 22 defined in section 8.2.
1 23 c. b. When a registrant or licensee fails to pay the
1 24 applicable fee the department may suspend or revoke the
1 25 registration or license or may issue an appropriate order.
1 26 Fees for the license, amendment of a license, and inspection
1 27 of radioactive material shall not exceed the fees prescribed
1 28 by the United States nuclear regulatory commission.
1 29 2. The department may establish and collect a fee related
1 30 to transporting radioactive material if the fee is used for a
1 31 purpose related to transporting radioactive material,
1 32 including enforcement and planning, developing, and
1 33 maintaining a capability for emergency response. The fees
1 34 shall be established by rules adopted pursuant to chapter 17A,
1 35 and shall be deposited into a special fund within the state
2 1 treasury under the exclusive authority of the department.
2 2 Amounts deposited in the special fund shall be considered
2 3 repayment receipts as defined in section 8.2, and shall not be
2 4 transferred, used, obligated, appropriated, or otherwise
2 5 encumbered except as provided in this section. Repayment
2 6 receipts collected and deposited pursuant to this section that
2 7 remain unencumbered or unobligated at the close of the fiscal
2 8 year shall not revert but shall remain available for
2 9 expenditure for the purposes designated in future fiscal
2 10 years.
2 11 3. The department may establish and collect fees from
2 12 persons providing mammography services to assure compliance
2 13 with applicable rules and the federal Mammography Quality
2 14 Standards Act of 1992, Pub. L. No. 102=539, as amended. Fees
2 15 shall be in an amount determined by the department by rule and
2 16 all fees collected shall be used to support the department's
2 17 mammography program.
2 18 4. Fees collected pursuant to this section shall be
2 19 retained by the department, shall be considered repayment
2 20 receipts as defined in section 8.2, and shall be used for the
2 21 purposes described in this section. Notwithstanding section
2 22 8.33, moneys retained by the department pursuant to this
2 23 subsection are not subject to reversion to the general fund of
2 24 the state.
2 25 Sec. 2. Section 144.13A, subsection 4, paragraph a, Code
2 26 Supplement 2005, is amended by striking the paragraph and
2 27 inserting in lieu thereof the following:
2 28 a. Ten dollars of each registration fee is appropriated
2 29 and shall be used for primary and secondary child abuse
2 30 prevention programs pursuant to section 235A.1, and ten
2 31 dollars of each registration fee is appropriated and shall be
2 32 used for the center for congenital and inherited disorders
2 33 central registry established pursuant to section 136A.6.
2 34 Notwithstanding section 8.33, moneys appropriated in this
2 35 paragraph that remain unencumbered or unobligated at the close
3 1 of the fiscal year shall not revert but shall remain available
3 2 for expenditure for the purposes designated until the close of
3 3 the succeeding fiscal year, and shall not be transferred,
3 4 used, obligated, appropriated, or otherwise encumbered except
3 5 as provided in this paragraph.
3 6 Sec. 3. Section 147.13, Code Supplement 2005, is amended
3 7 by adding the following new subsections:
3 8 NEW SUBSECTION. 22. For hearing aids, hearing aid
3 9 dispenser examiners.
3 10 NEW SUBSECTION. 23. For nursing home administrators,
3 11 nursing home administrators examiners.
3 12 Sec. 4. Section 147.25, unnumbered paragraph 4, Code 2005,
3 13 is amended to read as follows:
3 14 In addition to any other fee provided by law, a fee may be
3 15 set by the respective examining boards for each license and
3 16 renewal of a license to practice a profession, which fee shall
3 17 be based on the annual cost of collecting information for use
3 18 by the department in the administration of the system of
3 19 health personnel statistics established by this section. The
3 20 fee shall be collected, transmitted to the treasurer of state
3 21 and deposited in the general fund of the state in the manner
3 22 in which license and renewal fees of the respective
3 23 professions are collected, transmitted, and deposited in the
3 24 general fund retained by the respective examining boards in
3 25 the manner in which license and renewal fees are retained in
3 26 section 147.82.
3 27 Sec. 5. Section 147.80, Code Supplement 2005, is amended
3 28 by adding the following new subsections:
3 29 NEW SUBSECTION. 29A. License to practice hearing aid
3 30 dispensing, license to practice hearing aid dispensing under a
3 31 reciprocal license, or renewal of a license to practice
3 32 hearing aid dispensing.
3 33 NEW SUBSECTION. 29B. License to practice nursing home
3 34 administration, license to practice nursing home
3 35 administration under a reciprocal license, or renewal of a
4 1 license to practice nursing home administration.
4 2 Sec. 6. Section 147.82, Code Supplement 2005, is amended
4 3 by striking the section and inserting in lieu thereof the
4 4 following:
4 5 147.82 FEES.
4 6 All fees collected by an examining board listed in section
4 7 147.80 or by the department for the bureau of professional
4 8 licensure, and fees collected pursuant to sections 124.301 and
4 9 147.80 and chapter 155A by the board of pharmacy, shall be
4 10 retained by each examining board or by the department for the
4 11 bureau of professional licensure. The moneys retained by an
4 12 examining board shall be used for any of the board's duties.
4 13 Revenues retained by an examining board pursuant to this
4 14 section shall be considered repayment receipts as defined in
4 15 section 8.2. Notwithstanding section 8.33, moneys retained by
4 16 an examining board pursuant to this section are not subject to
4 17 reversion to the general fund of the state.
4 18 Sec. 7. Section 147.103A, subsection 4, Code 2005, is
4 19 amended to read as follows:
4 20 4. Applications for a license shall be made to the
4 21 chairperson, executive director, or secretary of the board.
4 22 All examination, license, and renewal fees shall be paid to
4 23 and collected by the chairperson, executive director, or
4 24 secretary of the board, who shall transmit the fees to the
4 25 treasurer of state for deposit in the general fund of the
4 26 state. The salary of the executive director of the board
4 27 shall be established by the governor with approval of the
4 28 executive council pursuant to section 8A.413, subsection 2,
4 29 under the pay plan for exempt positions in the executive
4 30 branch of government.
4 31 Sec. 8. Section 152.3, subsection 2, Code 2005, is amended
4 32 to read as follows:
4 33 2. Notwithstanding section 147.82, to To collect and
4 34 receive all fees.
4 35 Sec. 9. Section 152.3, subsection 3, Code 2005, is amended
5 1 by striking the subsection.
5 2 Sec. 10. Section 152B.6, subsection 2, Code 2005, is
5 3 amended to read as follows:
5 4 2. The establishment of a system for the licensure of
5 5 respiratory care practitioners and the establishment and
5 6 collection of licensure fees. The fees charged shall be
5 7 sufficient to defray the costs of administration of this
5 8 chapter and all fees collected shall be deposited with the
5 9 treasurer of state who shall deposit them in the general fund
5 10 of the state.
5 11 Sec. 11. Section 152D.5, subsection 4, Code 2005, is
5 12 amended to read as follows:
5 13 4. Establish a system for the collection of licensure
5 14 fees. The fees charged shall be sufficient to defray the
5 15 costs of administering this chapter and all fees collected
5 16 shall be deposited with the treasurer of state who shall
5 17 deposit them in the general fund of the state.
5 18 Sec. 12. Section 154E.2, subsection 3, Code Supplement
5 19 2005, is amended by striking the subsection.
5 20 Sec. 13. Sections 154A.22 and 155.6, Code Supplement 2005,
5 21 are repealed.
5 22 Sec. 14. EFFECTIVE DATES. The section of this Act
5 23 providing for the nontransferability of registration fees
5 24 appropriated in section 144.13A for primary and secondary
5 25 child abuse prevention programs and for the center for
5 26 congenital and inherited disorders central registry, being
5 27 deemed of immediate importance, takes effect upon enactment.
5 28 The remaining sections of this Act take effect July 1, 2007.
5 29 EXPLANATION
5 30 This bill provides for the retention of fees imposed and
5 31 collected by health licensing boards listed in Code section
5 32 147.80, and fees imposed by the bureau of radiological heath
5 33 pursuant to Code section 136C.10. The bill also provides for
5 34 nonreversion of the retained fees to the general fund of the
5 35 state. Currently, applicable Code sections provide for the
6 1 deposit of fees collected by the licensing boards, and the
6 2 bureau, in the general fund of the state. Code section 147.82
6 3 currently contains some exceptions permitting retention of
6 4 portions of the fees imposed by specified licensing boards,
6 5 and specified percentages of fee increases, but the bill
6 6 deletes these provisions, given that all fees will now be
6 7 retained by the boards. The bill makes conforming changes
6 8 consistent with the retention of the fees by the boards.
6 9 These provisions of the bill take effect July 1, 2007.
6 10 The bill additionally provides that amounts appropriated
6 11 from fees charged for registering birth certificates in Code
6 12 section 144.13A for primary and secondary child abuse
6 13 prevention programs and for the center for congenital and
6 14 inherited disorders central registry shall not be transferred,
6 15 used, obligated, appropriated, or otherwise encumbered. This
6 16 provision of the bill takes effect upon enactment.
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