General Assembly: 80 (2004 Regular GA) - Chapter 1043 - Family investment program eligibility requirements


Published: 2004-04-07

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123 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1043

CH. 1043CH. 1043

CHAPTER 1043

FAMILY INVESTMENT PROGRAM ELIGIBILITY REQUIREMENTS

H.F. 2350

AN ACT relating to family investment program eligibility requirements involving motor ve- hicle equity, family investment plans, limited benefit plans, and required school atten- dance and including an applicability provision.

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

Section 1. Section 239B.7, subsection 8, Code 2003, is amended to read as follows: 8. MOTOR VEHICLE DISREGARD. The department shall disregard the first three thou-

sand eight hundred eighty-nine dollars in equity value of a onemotor vehicle. Beginning July 1, 1997, and continuing in succeeding fiscal years, the motor vehicle equity value disregarded by the department shall be increased by the latest increase in the consumer price index for used vehicles during the previous state fiscal year. This disregard shall be applicable to each adult and to each working individual in a family who is nineteen years of age or younger. The amount of a motor vehicle’s equity in excess of the amount of the motor vehicle disregard countable equity value of any additional motor vehicle shall apply to the resource limitation established in subsection 9.

Sec. 2. Section 239B.8, subsection 1, paragraph b, Code 2003, is amended to read as fol- lows: b. The individual is sixteen through eighteen years of age, is not a parent, and is attending

elementary or secondary school, or the equivalent level of vocational or technical school, on a full-time basis. If an individual loses exempt status under this paragraph and the individual has signed a family investment agreement, the individual shall remain subject to the terms of the agreement until the terms are completed.

Sec. 3. Section 239B.8, subsection 2, Code 2003, is amended by adding the following new paragraph: NEWPARAGRAPH. j. INCREMENTALFAMILY INVESTMENTAGREEMENTS. If an in-

dividual or family has an acknowledged barrier, the individual’s or family’s plan for self- sufficiency may be specified in one or more incremental family investment agreements.

Sec. 4. Section 239B.9, subsection 2, paragraphs a and b, Code 2003, are amended to read as follows: a. PARENT. If the participant responsible for the family investment agreement is a parent

or a specified relative, the limited benefit plan is applicable to the entire participant family. If the family reapplies for assistance after an ineligibility period, eligibility shall be established in the same manner as for any other new applicant. b. NEEDY RELATIVE PAYEE OR INCAPACITATED STEP PARENT. If the participant

choosing a limited benefit plan is a needy relative who acts as payee when the parent is in the home but is unable to act as payee, is a needy relative who assumes the role of parent, or is a dependent child’s stepparentwhoseneeds are included in the assistancebecause of incapac- ity or caregiving, the limitedbenefit plan shall apply only to the individual participant choosing the plan.

Sec. 5. Section 299.6, unnumbered paragraph 7, Code 2003, is amended by striking the un- numbered paragraph.

Sec. 6. Section 299.6A, subsection 1, Code 2003, is amended to read as follows: 1. In lieu of a criminal proceeding under section 299.6, a county attorney may bring a civil

124LAWS OF THE EIGHTIETH G.A., 2004 SESSIONCH. 1043

action against a parent, guardian, or legal or actual custodian of a child who is of compulsory attendance age, has not completed educational requirements, and is truant, if the parent, guardian, or legal or actual custodian has failed to cause the child to attend a public school, an accredited nonpublic school, or competent private instruction in the manner provided in this chapter. If the court finds that the parent, guardian, or legal or actual custodian has failed to cause the child to attend as required in this section, the court shall assess a civil penalty of not less than one hundred but not more than one thousand dollars, for each violation estab- lished. However, if the court finds that the parent, guardian, or legal or actual custodian of the child has been subject to sanction under section 239B.2A as a result of the child’s truancy, the court may waive the civil penalty under this section.

Sec. 7. Section 299.12, subsections 2 and 4, Code 2003, are amended to read as follows: 2. This section is not applicable to a child who is receiving competent private instruction in

accordance with the requirements of chapter 299A. If a child is not in compliance with the at- tendance requirements established under section 299.1, and has not completed educational requirements through the sixthgrade, and the school has used everymeans available to assure the child does attend, the school truancy officer shall contact the child’s parent, guardian, or legal or actual custodian to participate in an attendance cooperation meeting. The parties to the attendance cooperationmeetingmay include the child and shall include the child’s parent, guardian, or legal or actual custodian and the school truancy officer. If the child is a member of a family receiving assistance under the family investment program, the department of hu- man services shall be notified and shall make the contacts for participation in the attendance cooperation meeting in lieu of the school truancy officer. For a child who is a member of a family receiving assistance under the family investment program, the attendance cooperation meeting shall include the child’s parent or specified relative whose needs are included in the child’s assistance grant and a representative of the department of human services. The school truancy officer or the representative of the department of human services contacting the par- ticipants in the attendance cooperation meeting may invite other school officials, a designee of the juvenile court, the county attorney or the county attorney’s designee, or other persons deemed appropriate to participate in the attendance cooperation meeting. 4. If the parties to an attendance cooperation meeting determine that a monitor would im-

prove compliance with the attendance cooperation agreement, the parties may designate a person to monitor the agreement. The monitor shall be a designee of the public school board or governing body of the accredited nonpublic school, or a designee of the department of hu- man services, if the department made the contacts for the attendance cooperation meeting. The monitor may be a volunteer if the volunteer is approved by all parties to the agreement and receives awritten authorization for access to confidential information and for performing monitor activities from the child’s parent, guardian, or custodian. Amonitor shall contact par- ties to the attendance cooperation agreement on a periodic basis as appropriate to monitor performance of the agreement.

Sec. 8. Section 299.12, subsection 6, Code 2003, is amended by striking the subsection.

Sec. 9. Section 299.13, Code 2003, is amended to read as follows: 299.13 CIVIL ENFORCEMENT. A person shall not disseminate or redisseminate information shared with the person pur-

suant to section 239B.2A, 299.5A, or 299.12, unless specifically authorized to do so by section 217.30, 239B.2A, 299.5A, or 299.12. Unless a prohibited dissemination or redissemination of information is subject to injunction or sanction under other state or federal law, an action for judicial enforcement may be brought in accordance with this section. An aggrieved person, the attorney general, or a county attorney may seek judicial enforcement of the requirements of this section in an action brought against the public school or accredited nonpublic school or any other person who has been granted access to information pursuant to section 239B.2A, 299.5A, or 299.12. Suits to enforce this section shall be brought in the district court for the

125 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1044

county inwhich the informationwasdisseminatedor redisseminated. Upona findingby apre- ponderance of the evidence that a person has violated this section, the court shall issue an in- junction punishable by civil contempt ordering the person in violation of this section to comply with the requirements of, and to refrain from any violations of section 239B.2A, 299.5A, or 299.12 with respect to the dissemination or redissemination of information shared with the person pursuant to section 239B.2A, 299.5A, or 299.12.

Sec. 10. CODEEDITOR. In codifying theprovisionsof thisAct, theCodeeditor shall revise the section 299.12 headnote to eliminate the reference to the family investment program.

Sec. 11. Section 239B.2A, Code Supplement 2003, is repealed.

Sec. 12. APPLICABILITY. Theprovisions of thisAct amending section 239B.7 are applica- ble during the fiscal year commencing July 1, 2004, on a date identified in administrative rule adopted for this purpose by the department of human services.

Approved April 7, 2004

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CH. 1044CH. 1044

CHAPTER 1044

PRACTICE OF COSMETOLOGY — MISCELLANEOUS CHANGES

H.F. 2358

ANACT providing for technical and substantive changes relating to the practice of cosmetolo- gy, establishing penalties, and making penalties applicable.

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

Section 1. Section 157.1, Code 2003, is amended by adding the following new subsections: NEW SUBSECTION. 1A. “Certified laser product” means a product which is certified by a

manufacturer pursuant to the requirements of 21 C.F.R. pt. 1040 and as specified by rule. NEW SUBSECTION. 1B. “Chemical exfoliation” means the removal of surface epidermal

cells of the skin by using only nonmedical strength cosmetic preparations consistent with la- beled instructions and as specified by rule.

Sec. 2. Section 157.1, subsection 3, Code 2003, is amended by striking the subsection and inserting in lieu thereof the following: 3. “Cosmetology” means all of the following practices: a. Arranging, braiding, dressing, curling, waving, press and curl hair straightening, sham-

pooing, cutting, singeing, bleaching, coloring, or similar works, upon the hair of any person; or upon a wig or hairpiece when done in conjunction with haircutting or hairstyling by any means. b. Massaging, cleansing, stimulating, exercising, or beautifying the superficial epidermis

of the scalp, face, neck, arms, hands, legs, feet, or upper body of any person with the hands or mechanical or electrical apparatus or appliances or with the use of cosmetic preparations, including cleansers, toners, moisturizers, or masques. c. Removing superfluous hair from the face or body of a person with the use of depilatories,

wax, sugars, or tweezing.