General Assembly: 81 (2006 Regular GA) - Chapter 1155 - Public health licensing boards — duties and fees


Published: 2006-06-01

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418LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1154

ning July 1, 2005, is four percent. The state percent of growth for the budget year beginning July 1, 2006, is four percent. The state percent of growth for the budget year beginning July 1, 2007, is four percent. The state percent of growth for each subsequent budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the state percent of growth for a budget year shall be the only subject matter of the bill which en- acts the state percent of growth for a budget year.

Sec. 2. APPLICABILITY. This Act is applicable for computing state aid under the state school foundation program for the school budget year beginning July 1, 2007.

Approved June 1, 2006

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CH. 1155CH. 1155

CHAPTER 1155

PUBLIC HEALTH LICENSING BOARDS — DUTIES AND FEES

H.F. 2748

ANACT providing for the retention of fees by licensing boards, and the bureau of radiological health, under the purview of the Iowa department of public health, providing for the non- transferability of specified fees, and providing effective dates.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 136C.10, Code Supplement 2005, is amended to read as follows: 136C.10 FEES. 1. a. The department shall establish and collect fees for the licensing and amendment of li-

censes for radioactive materials, the registration of radiation machines, the periodic inspec- tion of radiation machines and radioactive materials, and the implementation of section 136C.3, subsection 2. Fees shall be in amounts sufficient to defray the cost of administering this chapter. The license fee may include the cost of environmental surveillance activities to assess the radiological impact of activities conducted by licensees. b. Fees collected shall be remitted to the treasurer of statewho shall deposit the funds in the

general fund of the state. However, the fees collected from the licensing, registration, authori- zation, accreditation, and inspection of radiation machines used for mammographically guided breast biopsy, screening, and diagnostic mammography shall be used to support the department’s administration of this chapter and the fees collected shall be considered repay- ment receipts, as defined in section 8.2. c. b. When a registrant or licensee fails to pay the applicable fee the department may sus-

pend or revoke the registration or license or may issue an appropriate order. Fees for the li- cense, amendment of a license, and inspection of radioactivematerial shall not exceed the fees prescribed by the United States nuclear regulatory commission. 2. Thedepartmentmayestablishandcollect a fee related to transporting radioactivemateri-

al if the fee is used for a purpose related to transporting radioactive material, including en- forcement and planning, developing, and maintaining a capability for emergency response. The fees shall be established by rules adopted pursuant to chapter 17A, and shall be deposited into a special fund within the state treasury under the exclusive authority of the department.

419 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1155

Amounts deposited in the special fund shall be considered repayment receipts as defined in section 8.2, and shall not be transferred, used, obligated, appropriated, or otherwise encum- beredexcept asprovided in this section. Repayment receipts collectedanddepositedpursuant to this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in future fis- cal years. 3. The department may establish and collect fees from persons providing mammography

services to assure compliance with applicable rules and the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. Fees shall be in an amount deter- mined by the department by rule and all fees collected shall be used to support the depart- ment’s mammography program. 4. Fees collected pursuant to this section shall be retained by the department, shall be con-

sidered repayment receipts as defined in section 8.2, and shall be used for the purposes de- scribed in this section, includingbutnot limited to theadditionof full-timeequivalent positions for program services and investigations. Notwithstanding section 8.33, moneys retained by the department pursuant to this subsection are not subject to reversion to the general fund of the state.

Sec. 2. Section 144.13A, subsection 4, paragraph a, Code Supplement 2005, is amended by striking the paragraph and inserting in lieu thereof the following: a. Ten dollars of each registration fee is appropriated and shall be used for primary and sec-

ondary child abuse prevention programs pursuant to section 235A.1, and ten dollars of each registration fee is appropriated and shall be used for the center for congenital and inherited disorders central registry established pursuant to section 136A.6. Notwithstanding section 8.33,moneys appropriated in this paragraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the pur- poses designated until the close of the succeeding fiscal year, and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this paragraph.

Sec. 3. Section 147.13, Code Supplement 2005, is amended by adding the following new subsections: NEW SUBSECTION. 22. For hearing aids, hearing aid dispenser examiners. NEW SUBSECTION. 23. For nursing home administrators, nursing home administrators

examiners.

Sec. 4. Section 147.25, unnumbered paragraph 4, Code 2005, is amended to read as fol- lows: In addition to any other fee provided by law, a fee may be set by the respective examining

boards for each license and renewal of a license to practice a profession, which fee shall be based on the annual cost of collecting information for use by the department in the administra- tion of the system of health personnel statistics established by this section. The fee shall be collected, transmitted to the treasurer of state and deposited in the general fund of the state in the manner in which license and renewal fees of the respective professions are collected, transmitted, and deposited in the general fund retained by the respective examining boards in the manner in which license and renewal fees are retained in section 147.82.

Sec. 5. Section 147.80, Code Supplement 2005, is amended by adding the following new subsections: NEW SUBSECTION. 29A. License to practice hearing aid dispensing, license to practice

hearing aid dispensing under a reciprocal license, or renewal of a license to practice hearing aid dispensing. NEW SUBSECTION. 29B. License to practice nursing home administration, license to

practice nursing home administration under a reciprocal license, or renewal of a license to practice nursing home administration.

420LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1155

Sec. 6. Section 147.82, Code Supplement 2005, is amended by striking the section and in- serting in lieu thereof the following: 147.82 FEES. All fees collected by an examining board listed in section 147.80 or by the department for

the bureau of professional licensure, and fees collected pursuant to sections 124.301 and 147.80 and chapter 155Aby the board of pharmacy, shall be retained by each examining board or by the department for the bureau of professional licensure. Themoneys retained by an ex- amining board shall be used for any of the board’s duties, including but not limited to the addi- tion of full-time equivalent positions for program services and investigations. Revenues re- tained by an examining board pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by an examining board pursuant to this section are not subject to reversion to the general fund of the state.

Sec. 7. Section 147.103A, subsection 4, Code 2005, is amended to read as follows: 4. Applications for a license shall be made to the chairperson, executive director, or secre-

tary of the board. All examination, license, and renewal fees shall be paid to and collected by the chairperson, executive director, or secretary of the board, who shall transmit the fees to the treasurer of state for deposit in the general fund of the state. The salary of the executive director of the board shall be established by the governorwith approval of the executive coun- cil pursuant to section 8A.413, subsection 2, under the pay plan for exempt positions in the executive branch of government.

Sec. 8. Section 152.3, subsection 2, Code 2005, is amended to read as follows: 2. Notwithstanding section 147.82, to To collect and receive all fees.

Sec. 9. Section 152.3, subsection 3, Code 2005, is amended by striking the subsection.

Sec. 10. Section 152B.6, subsection 2, Code 2005, is amended to read as follows: 2. The establishment of a system for the licensure of respiratory care practitioners and the

establishment and collection of licensure fees. The fees charged shall be sufficient to defray the costs of administrationof this chapter andall fees collected shall bedepositedwith the trea- surer of state who shall deposit them in the general fund of the state.

Sec. 11. Section 152D.5, subsection 4, Code 2005, is amended to read as follows: 4. Establish a system for the collection of licensure fees. The fees charged shall be sufficient

to defray the costs of administering this chapter and all fees collected shall be deposited with the treasurer of state who shall deposit them in the general fund of the state.

Sec. 12. Section 154E.2, subsection 3, Code Supplement 2005, is amended by striking the subsection.

Sec. 13. Sections 154A.22 and 155.6, Code Supplement 2005, are repealed.

Sec. 14. EXAMINING BOARDS — BUREAU OF PROFESSIONAL LICENSURE — BU- REAUOFRADIOLOGICALHEALTH—NONREVERSIONOFFUNDS. Notwithstandingany provision to the contrary, andnotwithstanding section 8.33,moneys appropriated for the fiscal year beginning July 1, 2006, and ending June 30, 2007, to an examining board listed in section 147.80, to the bureau of professional licensure, and to the bureau of radiological health that remain unencumbered or unobligated at the close of the fiscal year and repayment receipts and fees authorized to be retained by an examining board listed in section 147.80, the bureau of professional licensure, and the bureau of radiological health, for the fiscal year beginning July 1, 2006, and ending June 30, 2007, shall not revert but shall remain available for expendi- ture for the purposes designated until the close of the succeeding fiscal year.

Sec. 15. EFFECTIVE DATES. The section of this Act providing for the nontransferability

421 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1156

of registration fees appropriated in section 144.13A for primary and secondary child abuse prevention programsand for the center for congenital and inherited disorders central registry, being deemed of immediate importance, takes effect upon enactment. The sections of this Act relating to the addition of the hearing aid dispenser examiners and

the nursing home administrators examiners to the list of examining boards in section 147.13, adding those professions to the list of examining boards contained in section 147.80, and pro- viding for nonreversion of certain appropriations made for, and repayment receipts, and re- tained fees applicable to, the fiscal year beginning July 1, 2006, take effect July 1, 2006. The remaining sections of this Act take effect July 1, 2007.

Approved June 1, 2006

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CH. 1156CH. 1156

CHAPTER 1156

SCHOOL DISTRICT PROPERTY TAX SHARING AGREEMENTS

H.F. 2764

AN ACT authorizing a school district to share its portion of incremental property taxes with a contiguous school district.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 279.63 TAX-SHARING AGREEMENTS. A school district may enter into an agreement under chapter 28E with a contiguous school

district for thepurposeof sharing all or a percentageof school district taxes collected from that portion of valuation described in section 403.19, subsection 2, that is released by the munici- pality to the school district.

Sec. 2. Section 403.19, subsection 2, Code 2005, is amended to read as follows: 2. That portion of the taxes each year in excess of such amount shall be allocated to and

when collected be paid into a special fund of the municipality to pay the principal of and in- terest on loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, including bonds issued under the authority of section 403.9, subsection 1, in- curred by the municipality to finance or refinance, in whole or in part, an urban renewal proj- ect within the area, and to provide assistance for low andmoderate income family housing as provided in section 403.22, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to section 298.2 and taxes for the payment of bonds and interest of each taxing district must be collected against all taxable property within the taxing district without limitation by the provisions of this subsection. However, all or a portion of the taxes for the physical plant and equipment levy shall be paid by the school district to the municipality if the auditor certifies to the school district by July 1 the amount of such levy that is necessary to pay the principal and interest on bonds issued by themunicipality to finance an urban renewal project, which bonds were issued before July 1, 2001. Indebtedness incurred to refund bonds issuedprior to July 1, 2001, shall not be includ- ed in the certification. Such school district shall pay over the amount certified by November 1 and May 1 of the fiscal year following certification to the school district. Unless and until the total assessed valuation of the taxable property in an urban renewal area exceeds the total assessed value of the taxable property in such area as shown by the last equalized assessment