General Assembly: 75 (1994 Regular GA) - Chapter 1038 - Regulation of multiple employer welfare arrangements


Published: 1994-04-04

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79 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1038

aide and certified medication aide challenge examinations, without additional requirements for certification, including but not limited to, required employment in this state prior to cer· tification. The department shall adopt rules pursuant to chapter 17 A to administer this section.

Approved April 4, 1994

CHAPTER 1037 RECHARG EABLE BATTERIES

H.F.2365

AN ACT relating to rechargeable batteries.

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

Section 1. Section 455D.10B, subsection 1, paragraph b, Code 1993, is amended to read as follows:

b. The flFedl:let, the battery, the instruction manual and the product package are clearly labeled to indicate that the battery must be recycled or disposed of properly, and meets the Felil:liFemeBts ef the iBteFBatieBai staBdaFds eFgaBizatieB (I,S() 7QQQ 1138) FeeyeliBg symOOI- whieh includes the designation "Cd" or "Ni-Cd" for nickel-cadmium batteries and "Pb" or "Lead" for small lead batteries.

Sec. 2. Section 455D.10B, subsection 2, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. A manufacturer of a product that is powered by a battery that cannot be easily removed who has been granted an exemption under this subsec- tion shall label the product as required in subsection 1, paragraph "b".

Approved April 4, 1994

CHAPTER 1038 REGULATION OF MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

H.F.2370

AN ACT relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing a repeal provision.

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

Section 1. Section 507 A.4, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 10. Transactions involving a multiple employer welfare arrangement,

as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, paragraph 40, if the multiple employer welfare arrangement meets all of the following conditions:

a. The arrangement is administered by an authorized insurer or an authorized third-party administrator.

b. The arrangement has been in existence and provided health insurance for at least fifteen years prior to July 1, 1994.

CH. 1038 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 80

c. The arrangement was established by a trade, industry, or professional association of employers that has a constitution or bylaws, and has been organized and maintained in good faith for at least twenty continuous years prior to July 1, 1994.

Sec. 2. NEW SECTION. 513A.8 EXCEPTION TO JURISDICTION. A third-party payor that is a multiple employer welfare arrangement, as defined in section

3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, para- graph 40, that meets the criteria set forth in section 507 A.4, subsection 10, is not subject to the jurisdiction of the commissioner of insurance pursuant to this chapter even though it may be subject to the jurisdiction of another agency of the state or federal government.

Sec. 3. REPEAL. This Act is repealed effective July 1, 1995.

Approved April 4, 1994

CHAPTER 1039 CORPORATE OR PARTNERSHIP FARMING - REPORTING REQUIREMENTS

H.F. 2391

AN ACT excusing reporting requirements for certain persons owning, leasing, or holding agricultural land in this state.

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

Section 1. Section 9H.5A, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 4. A reporting entity shall be excused from filing a report with the secretary of state during any year in which the reporting entity's corporation, limited part- nership, trust, or limited liability company owns, leases, and holds less than twenty acres of agricultural land in this state and the gross revenue produced from all farming on the land equals less than ten thousand dollars.

Approved April 4, 1994

CHAPTER 1040 AIR QUALITY - RULES FOR TRAINING FIRES

H.F.2190

AN ACT relating to the asbestos testing for training fires involving asphalt shingles.

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

Section 1. Section 455B.133, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 9. Adopt rules allowing asphalt shingles to be burned in a fire set for the purpose of bona fide training of public or industrial employees in fire fighting methods only if a notice is provided to the director containing testing results indicating that the asphalt shingles do not contain asbestos. Each fire department shall be permitted to host two fires per year as allowed under this subsection.

Approved April 5, 1994