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Week 8 –
Committee Reports NATURAL
RESOURCES & ENVIRONMENT STAFF CONTACT: Sue Monahan SF
2213—Stockpiling of Dry Manure SSB
3181—Manure Applicator Certification SSB
3221—Cooperative Association and Code of Conduct COMMITTEE ACTION: SF 2213 provides for storing dry manure from a confinement feeding operation outside a confinement feeding operation structure, this practice is referred to as “stockpiling.” Current Code chapter 459 does not specifically address stockpiling. The bill allows for stockpiling dry manure subject to certain limitations. [3/4: short form] SSB 3181 provides for the licensure of a commercial manure service and the certification a commercial manure service representative and a confinement site manure applicator by the Iowa Department of Natural Resources. The bill has expanded the definition of confinement applicator to include most aspects of the land application process. The bill clarifies the definition of commercial manure service to exclude persons who receive compensation for manure from that person’s own animal feeding operation. The training requirement for commercial applicators is changed from three to two hours. The bill changes the certification period for confinement site applicators from three years to annually. In addition, the bill changes the 30-day certification exemption for commercial applicators to 10 businesses days. An amendment was adopted in committee to change the 10 businesses days’ certification exemption for commercial applicators back to 30 days (back to current law). [3/4: short form] SSB 3221 provides for standards of conduct for a cooperative association’s board of directors and for an association’s officers. The bill establishes procedures for a director’s approval of a board’s decisions. The director and board may consider community interest factors when making decisions, including consideration of acquisition proposals. The bill provides that the association’s articles of incorporation may require the vote be by a greater than two-thirds majority. [3/4: short form] STAFF CONTACT: Theresa Kehoe SF 2286 — Federal Block
Grant SF 2131 — Equine Bill SSB 3262 — Optical Scan Voting Systems COMMITTEE ACTION Federal Block Grants - $154.1 million
Categorical Grants – $4.4 billion
SF 2131 establishes the Equine Industry Promotional Commission and the Equine Industry Promotional Fund under the Iowa Department of Agriculture. The Commission’s mission is to be the principal public organization devoted to promoting the collective interests of the state’s equine industry. SF 2131 unanimously passed the Senate Agriculture Committee on Feb. 12, 2008. The Senate Appropriations Committee adopted an amendment which strikes a $50,000 appropriation to the Dept. of Ag for these purposes and clarifies that commission members serve without compensation. [3/5: short form, McCoy no]
SSB 3262 requires all counties to use an optical scan voting system beginning with an election held on or after Nov. 4, 2008. Federal HAVA requirements for disabled voters shall be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system. SSB 3262 appropriates $4,900,880 from FY08 RIIF funds to the Optical Scan Voting System Fund. The Secretary of State is required to purchase the machines and distribute them to the counties. It is anticipated that the federal government will provide an additional $1 million for voting equipment. If federal funds are received, $61,000 of the $4.9 million appropriation is to be used as matching funds. If any federal funding is received for the same or similar purposes, the federal funds shall revert to the RIIF fund. Any remaining money in the voting machine reimbursement fund, which has been used previously to assist counties, is transferred to the new optical scan voting system fund. Money in this fund does not revert. The Secretary of State is required to submit a report to the chairs and ranking members of the Administration and Regulation budget subcommittee by Dec. 31, 2008. The Secretary of State is permitted to file emergency rules to meet the November 2008 goal. SSB 3262 deappropriates $3.6 million in FY08 RIIF dollars for the new state office building and deappropriates $1 million in FY08 RIIF dollars for an asbestos study. SSB 3262 is effective upon enactment. [3/5: short form] STAFF CONTACT: Julie T. Simon SF 2091 – Gift card expiration dates SF 2115 –
Disclosure of small-employer group health claims, premium information SF 2191 – Association of SF 2233 – Pre-need
sale of cemetery, funeral merchandise, services SF 2302 – Licensed
mortgage brokers duty of agency SF 2306 – Long-term care insurance provisions SF 2308 – Notification of breach of security SSB 3108 -- Repair businesses’ purchase of parts, supplies SSB 3171 --Notice,
collection of delinquent city utility charges SSB 3238 – Viatical settlements SSB 3268 – Life settlements COMMITTEE ACTION SF 2091 relates
to the issuance of gift certificates and gift cards. It prohibits a seller, issuer, or holder
from assessing any fee or charge against the value of the certificate,
prohibits selling or issuing a certificate with an expiration date. A unanimously-adopted amendment
excludes cards and certificates issued or sold by federally-insured financial institutions,
their affiliates or subsidiaries if they can be used at multiple
retailers/services and if any fees or expirations are fully and clearly
disclosed. It also exempts certain
certificates or cards issued for promotional programs, and those donated to a
charitable organization for services or fund-raising activities (e.g.,
auctions, raffles). In such cases, any fees or expirations dates must be
fully disclosed, and an expiration date must be at a minimum of one year. [3/5: 10-3
(Behn, Kettering, Putney)] SF 2115 expands a requirement that an issuer of group health benefit coverage disclose information concerning claims and premiums so that small-employer groups are entitled to receive such information. [3/5: short form] SF 2191 allows the Association of Iowa Fairs to have the power to purchase liability insurance as a purchasing group on behalf of eligible fairs which are Association members. [3/5: short form] SF 2233 relates to the sale of pre-need cemetery and funeral merchandise and funeral services that are furnished more than 120 days after the initial payment. An amendment was adopted that incorporates recommendations by the Attorney General and the Iowa Insurance Division. Additional revisions are expected before the bill is ready for floor debate. A bipartisan group of legislators will continue to meet on this issue. [3/5: short form] SF 2302 (SSB 3104) confers upon licensed mortgage brokers and individual registrants a duty of agency, and they will be considered to have created an agency relationship with a borrower in all cases. The bill specifies the duties a
licensee or individual registrant m The duty of agency will not be
construed to prohibit a licensee or individual registrant from contracting
for or collecting a fee for services rendered which was disclosed and agreed
to by the borrower in advance of the provision of the services, and also will
not be construed to require them to
obtain a loan for the borrower containing terms or conditions not available to them in the A violation subjects a licensee to
disciplinary provisions, including license s
SF 2306 (SSB 3173) repeals existing provisions regulating long-term
care insurance and creates new ones, provides for
penalties and an appropriation. These new provisions apply to policies delivered or issued for delivery in The bill includes new and additional definitions, and expanded disclosure and performance standards that set prohibited policy practices and permissible treatment of pre-existing conditions, prior hospitalizations, and institutionalizations. The standards also allow applicants the right to return a policy and to receive a refund. The bill contains requirements for prompt payment of claims when there are no circumstances preventing such payment. It requires insurers to notify an insured making a claim under a long-term care insurance policy when the insurer denies the payment of benefits because the insured's benefit trigger has not been met. The insurer must provide an internal review process to the insured to appeal the insurer's initial benefit trigger determination. If the internal appeal decision upholds the denial of benefits, the insurer must notify the insured of any additional internal appeal rights and the insured’s right to request an independent review of the benefit trigger determination. The bill appropriates $60,000 from the General Fund for one full-time position for the Senior Health Insurance Information program in the Insurance Division. The program will assist in the dissemination of objective, non-commercial educational material and raise public awareness of sensible consumer choices in considering the purchase of various insurance products designed for the health care needs of older Iowans. The provisions referring to and enacting the independent review process of benefit trigger determinations take effect January 1, 2009. [3/3: short form] SF
2308 (SSB 3200)
provides for the notification of a breach in the security
of computerized data of personal information. This applies to those who conduct business in
It requires a person who owns, maintains, or
possesses computerized data that includes personal information to provide notice of any breach of the person's security of the data to SSB 3108 prohibits an insurer from requiring repair businesses that perform repairs, on behalf of the insurer, to the property of an insured or beneficiary to buy supplies and parts from a seller or list of sellers specified by the insurer. An insured, beneficiary, or repair business may submit a written, documented complaint to the Insurance Commissioner alleging a violation of these provisions. The bill defines such practices as prohibited unfair methods of competition and unfair or deceptive acts or practices in the business of insurance. [3/5: short form] SSB 3171 makes changes to procedures for notice and collection of delinquent charges for city utilities and makes changes to billing notifications for water service provided to certain residential rental property.[3/5: short form]
SSB 3238 regulates viatical settlements and provides for fees and penalties. This is a departmental proposal by the Iowa Insurance Division, based on recommendations by the National Association of Insurance Commissioners. This proposal is a work in progress and was voted out so that it remains eligible for further debate. It is similar to SSB 3268. [3/5: short form]. SSB 3268 regulates stranger-originated life insurance (STOLI) and provides for fees and penalties. This is based on recommendations by the National Conference of Insurance Legislators. This proposal is a work in progress and was voted out so that it remains eligible for further debate. It is similar to SSB 3238. [3/5: short form]. STAFF CONTACT: Sue Monahan SF 2195—Property Tax Exemption for Shell Buildings SF 2209—Changes to the Vision SSB 3199—Physical Infrastructure Assistance Program
(PIAP) Changes SSB 3224—Sustainable Community Development Initiative HF 2215—Private Activity Bond Allocation Procedures COMMITTEE
ACTION: SF 2195 amends Iowa Code chapter 427. Current law provides a property tax exemption for construction, reconstruction, or renovation of a building as a speculative shell building. The exemption begins in the assessment year that the speculative building is first assessed for taxation or the assessment year in which the reconstruction or renovation first adds value. The bill provides that the exemption may begin in the assessment year in which the reconstruction or renovation commences if it involves completely replacing or refitting an existing building or structure and the city council or county board of supervisor gives prior approval of the exemption. The bill takes effect upon enactment and applies retroactively to January 1, 2007. [3/4: short form] SF 2209 provides that at least two of the four public members on the Vision Iowa Board must be under the age of 35 at the time of the appointment. [3/4: short form] SSB 3199 makes changes to the Physical Infrastructure Assistance Program (PIAP), which is a program administered by Iowa Department of Economic Development (IDED) and designed to assist capital-intensive infrastructure projects. PIAP is one of the many programs that receive moneys from the Iowa Values Fund. Programs funded by Iowa Values Fund moneys are subject to job and wage creation requirements. The bill, as amended in committee, directs IDED to allocate up to $5 million for PIAP and those projects funded by the $5 million are not subject to the job and wage requirements. Any moneys funded above $5 million for PIAP projects are subject to job and wage requirements. IDED would set performance measurements for a project and a timeline of three years to meet the measurements. If needed, a project can apply for a one-year waiver from IDED Board after the three years. [3/4: short form] SSB 3224 directs the Iowa Department of Economic Development (IDED) to establish a sustainable community development initiative. The bill authorizes IDED to expend annually up to $500,000 from the Grow Iowa Values Fund to fund the initiative. [3/4: short form] HF 2215 limits the amount of industrial bonds that can be allocated to a single project. The limit is $10 million in any calendar year. The bill increases the length of the validity period following certification of the allocation of the Governor’s designee from 30 days to 120 days. Since the length of the validity period is increased, the bill decreases the extension period from 45 days to 30 days in situations where the political subdivision does not reasonably expect to issue and deliver the bonds within the 120 day certification period. [3/4: short form] STAFF CONTACT: Bridget Godes SF 2236 – State research on pk-12 lab school SSB 3187 – New
categorical allowable growth formula SF 2080 – healthy
kids taskforce bill SSB 3071 – Department
of Education Code clean-up COMMITTEE ACTION: SF 2236 directs two
committees to further develop an SSB 3187 provides for a new categorical allowable growth formula to be available for three long-standing education line-item appropriations: 1) Teacher Quality and Phase II 2) Professional Development, and 3) Early Intervention (aka Class Size Reduction money). The main benefit of this bill is to make these funds permanent. The Legislature may add a “growth factor” to these pots of money by setting various growth rates, just as we do now with Allowable Growth. However, this categorical allowable growth would NOT have any impact on property taxes. This is currently and would stay entirely state aid. The bill does not change the use of the funds. Each of these funds must be accounted for separately. All the requirements and restrictions of the funds remain unchanged in the law. The teacher compensation funds and phase II are salaries are currently subject to bargaining. The use and distribution of the professional development funds are determined by the teacher quality committees. These funds are not bargained. This is current law and the roll-in bill does not change how these funds are used or distributed to teachers. The Early Intervention Block Grant (Class Size) funding is for kindergarten through grade three levels to reduce class sizes and to achieve a higher level of student success in the basic skills, especially reading. The funds can be used to hire additional teacher to reduce class sizes but would not be used in bargaining to increase salaries. It is also important to note that this bill does not automatically apply any growth factor. In fact, if the Legislature doesn’t do anything, there will be no growth attached to these pots of money. The Legislature is able to set any rate of growth (from 0 to whatever the Allowable Growth rate was set at) for any of the three pots of money. The monies from these three pots will be distributed under the current formula next year. Schools will take that amount and make a “per pupil” rate. A 101 percent budget guarantee is added to this formula (i.e., just like allowable growth). [3/4: Short Form] SF 2080 is the healthy kids taskforce bill. The bill directs the board of education to establish and monitor certain nutritional content standards for foods and beverages sold or provided on the school grounds during the school day. The bill also requires every physically able student to engage in 30 minutes of physical activity per school day and to complete a certification course for CRP prior to graduating. The bill also requires a consortium of AEA’s to employ or contract with one or more licensed dieticians for the support of nutritional provisions in individual education plans for students requiring special education. The bill was amended in committee to address some of the concerns heard at the subcommittee level. [2/27: Short Form (Kreiman-pass, Boettger, McKinley, Zaun, Zieman—no)]
SSB 3071 is the department of education’s annual Code clean-up bill. There was an amendment in committee that stuck five of the controversial sections of the bills. [2/27: Short Form] STAFF CONTACT: Kris Bell SF 2034 – SF 2173 – Juvenile
Court Proceedings SSB 3182 –
Regulation of Health-Related Professions SSB 3190 –
Insurance Coverage for Cancer Clinical Trials SSB 3196 – Third
Party Payment Recovery for Medicaid SSB 3203 –
Alzheimer’s Task Force Recommendations SSB 3225 –
Governor’s Wellness Initiatives HF 2309 – Child
Support Recovery FLOOR ACTION: SF 2173 provides that a child who remains in foster care until the age of majority may receive the most recent information regarding the child’s health and educational records prior to discharge from juvenile court. [3/3: 49-0 (Behn excused)] HF 2309 (SF 2204) makes changes to child support for the purpose of compliance with the Deficit Reduction Act (DRA) of 2005 and changes regarding gathering and safeguarding child support information. [3/4: 46-0 (Angelo, Behn, McCoy, McKibben excused)] COMMITTEE ACTION: SF 2034 relates to Iowa Care transfer procedures and compensation of health care providers not participating in IowaCare and creates a fund. [3/4: short form (Johnson excused)] SSB 3182 makes technical changes to chapters 147, 148, 150 and 150A to reflect current terminology and reflect current practices for the health-related professions. It also makes updates and other changes to Chapter 151 (Chiropractic) and Chapter 154D (Behavioral Science). [3/4: short form (Johnson excused)] SSB 3190 requires health insurance coverage for certain cancer
treatment delivered pursuant to approved cancer clinical trails and
establishes a cancer clinical trial review board. [3/4:
short form (Boettger, Hartsuch, SSB 3196 provides for sharing of information between entities that have health care coverage information and the Iowa Medicaid Enterprise to determine if a medical assistance recipient has third-party coverage would be responsible for the costs. [3/4: short form (Johnson excused)] SSB 3203 implements recommendations from the Alzheimer’s Disease Task Force and requires the Department of Public Health to determine the existing service utilization and future service needs of persons with Alzheimer’s disease or dementia, including the availability of caregivers and the appropriate service level for the future. It also requires the Department of Elder Affairs to regularly review issues in this area, and to look at improving the training and education of those who care for theses persons. [3/4: short form (Johnson excused)].
SSB 3225 establishes an Iowa Healthy Communities initiative grant program and establishes the Governor’s Council on Physical Fitness. [3/4: short form (Johnson excused)] STAFF CONTACT: Cathy Engel SF 2211 – Residency
of Applicants for Judgeships SF 531 – Expunging
a Record of Conviction for 5th Degree Theft SF 2285 – Identity
Documents for Children SSB 3016 – Judicial
Branch Bill Tribal Judgments, Fees for Bar Admission SSB 3075 – Judicial
Branch Bill Relating to Parking and Service of Original Notice SSB 3161 – Judicial
Branch Bill SSB 3204 – Social
Host Liability SSB 3209 –
Emancipation of a Minor SSB 3212 – Deferred
Judgment Criminal Records SSB 3215 –
Substantive Code Editor’s Bill SSB 3231 – Probate
Omnibus Bill SSB 3232 – Uniform
Prudent Management of Institutional Funds Act SSB 3239 –
Execution of Judgments SSB 3240 –
Establishing Certain Deputy Sheriff Positions in Certain Counties SSB 3241 – Nonsubstantive Code Editor’s Bill SSB 3248 – Revised
Uniform Limited Liability Company Act SSB 3272 – Rights
of Victims of Sexual Assault FLOOR ACTION: SF 2211 clarifies that a person applying to be nominated for a district judgeship does not have to be a resident of the judicial election district prior to the nomination for appointment by the district judicial nominating commission. If appointed to serve as a district judge, a person must become a resident of the judicial election district to which he or she is appointed. [3/3: 49-0, Senator Behn excused] COMMITTEE ACTION: SF 531 provides that after two years from the date of conviction for theft in the fifth degree, a person may petition the court to exonerate the person of the conviction. A person is eligible if all fines and restitution have been paid and if the person has had no other criminal convictions other than simple misdemeanor violations of Code Chapter 321 during the two-year period. [3/4: short form, Behn absent] SF 2285 requires that for a child who is subject to a court order for out-of-home placement, the Department of Human Services must provide a certified copy of a child’s birth certificate and help the child secure a Social Security card before the child reaches 18. [3/5: short form, McKibben absent] SSB 3016 establishes a fee to be collected by the clerk of the
district court, effective January 1, 2009, in the amount of $100 for a tribal
judgment. The bill also permits the
distribution of funds from the jury and witness revolving fund for costs
related to providing information to and supporting potential jurors called
for service. The bill increases the
filing and docketing fee for a complaint, information, or uniform citation
and complaint for parking violations, etc., from $8 to $25, effective January
1, 2009. Finally, the bill transfers
the authority to set fees for examination and admission to practice law in SSB 3075 removes the clerk of the district court from collecting uncontested parking violation fines of a city or county. The bill also provides that the clerk of the district court shall keep a record book of certificates of deposit that have not been issued in the name of the clerk but are being held by the clerk on behalf of a conservatorship, trust, or an estate. [3/5: short form, Hancock voting no, McKibben absent] SSB 3161 relates to the appointment of certain judicial officers, the retirement of senior judges, the entry of temporary custody and visitation orders, and the jurisdiction of certain judges in probate court. The bill provides that the district judicial nominating commission will nominate persons for appointment to the office of district associate judge, associate juvenile judge, or associate probate judge, rather than the county magistrate appointing commission. The bill also provides that the court may enter temporary custody and visitation orders prior to a hearing to determine whether domestic abuse has occurred under Code Chapter 236. The bill also provides that a senior judge shall cease being a senior judge upon attaining 78 years of age. [3/5: short form, McKibben absent] SSB 3204 says that a person who knowingly and deliberately makes alcoholic beverages available to an underage person can be held liable for injuries caused by the underage person as a result of being intoxicated. [3/5: short form, McKibben absent] SSB 3209 provides that a minor 16 years of age or older may file a petition for an order of emancipation in juvenile court provided the minor is a resident of the state, financially self-sufficient, and has a valid driver’s license, and is not in the care, custody, or control of a state agency. [3/5: short form, Behn and Hartsuch voting no, McKibben absent] SSB 3212 specifies that the deferred judgment docket shall be maintained by the state court administrator and shall not be destroyed. In addition, this bill defines the term “expunged” to mean that the court’s criminal record with reference to a deferred judgment has been segregated in an area or database which is secured from public access. In addition, the bill specifies that an expunged record is a confidential record exempt from public access, but the clerk shall make it available to certain agencies or persons who by law are granted access under 907.4. [3/4: short form, Behn absent] SSB 3215 relates to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective and retroactive applicability date provisions. [3/4: short form, Behn absent] SSB 3231 relates to trusts and estates including the administration of small estates. The bill specifies that real estate conveyed to a revocable trust and subsequently sold or mortgaged by the trustee does not require a follow-up deed from the individual grantor and spouse. In addition, the bill increases the amount of the value of assets in a conservatorship before a bond would be required from $10,000 to $25,000. Also, the bill specifies that a surviving spouse must be given notice of the spouse’s right to elect to receive a life estate in the homestead. The bill also amends provisions in the probate and trust codes relating to shares inherited by after born children under wills and revocable trusts. The bill also reorganizes and restructures current provisions in the trust code relating to creditors’ rights, spendthrift trusts, spendthrift trusts created for the benefit of the settler, overdue distributions, and creates new provisions relating to creditors’ rights generally and discretionary trusts. Another aspect of the bill provides that a donor has the right to designate who will have standing to enforce a charitable trust established by the settler and may designate a person or persons to enforce the charitable trust if the settler is deceased or not competent. [3/5: short form, McKibben absent] SSB 3232 replaces the current Uniform Management of Institutional Funds Act, codified at Iowa Code Chapter 540A. This act addresses the standards for investment of institutional funds and the expenditures of such funds. Its provisions would apply to nonprofit corporations, governmental entities that hold funds for exclusively charitable purposes, and trusts that have both charitable and non-charitable interests after the non-charitable interests have been terminated. This model act promotes two principles: (1) that assets of a charitable organization are to be invested prudently in diversified investments that seek growth as well as income, and (2) that appreciation of assets can prudently be spent for the purposes of any endowment fund held by a charitable institution. SSB 3232 provides more specific guidance on prudence regarding expenditures and eliminates a floor on spending. The bill also recognizes and protects donor intent more broadly than the current law. [3/4: short form, Behn absent] SSB 3239 amends the current time limit in Code section 626.16. Under this bill, an officer must provide, upon request, a receipt of an execution of a judgment or order, and return the execution together with any money collected within 365 days. The current time limit is 123 days. [3/5: short form, Ward, Zieman, Behan, Hartsuch, no; McKibben absent] SSB 3240 establishes three deputy sheriff positions classified as second deputy sheriffs in counties with a population of more than 150,000, but not more than 200,000. Under the bill and in current law, second deputy sheriff positions are exempt from classified civil service coverage in code chapter 341A. Currently, counties with a population of more than 100,000 but not more than 200,000 have two sheriff positions classified as second deputy sheriffs. [3/4: short form, Behn absent] SSB 3241 relates to nonsubstantive Code corrections and includes effective and retroactive applicability date provisions. [3/4: short form, Behn absent] SSB 3248 revises the current “Iowa Limited Liability Company Act,” Code Chapter 490A, and places it in new Code Chapter 489. It is based on the uniform act and improves upon current law. [3/4: short form, Behn absent] SSB 3272 specifies that a peace officer shall remain at the scene of a sexual assault as long as a threat to the physical safety of the victim remains. If unable to remain at the scene, the peace officer shall assist the victim in leaving the scene. The bill also provides that a victim of an alleged sexual assault will have the right to request the presence of a victim counselor at any proceeding relating to an assault, including a medical examination. [3/5: short form, McKibben absent] STAFF CONTACT: Jace Mikels SF 2157
– Amusement ride safety inspections SF 2221
– Workers’ compensation benefit payments for burial expenses SF 2222
– Employee right of recourse for late payment of wages SF 2303
– Workers’ compensation benefits and second injury fund SF 2304
– Elevator safety and boiler and pressure vessel safety revolving funds SSB
3044 – Unemployment insurance update SSB
3255 – Railroad worker walkways SSB
3257 – Workers’ compensation penalty benefits; commissioner’s authority SSB
3260 – HF 2194
– Exemptions to the state minimum wage
SF 2157 strikes a code language authorizing private inspectors to be licensed to conduct amusement ride safety inspections. The labor commissioner is currently also charged with conducting the inspections. No one is currently licensed to conduct private inspections, nor has anyone ever been licensed. Striking the code section removes the responsibility of issuing private inspector licenses from the labor commissioner, but does not remove the commissioner’s responsibility to conduct inspections. [3/3: 49-0] SF 2221 establishes the benefit amount for a burial expense through a workers’ compensation payment as 12 times the statewide average weekly wage, which is currently $7,868.92. Tying the benefit amount to the statewide average weekly wage allows the benefit to better keep pace with increases in the cost of a burial. The current benefit amount is $7,500 and was last increased by the General Assembly in 2003. [3/3: 39-10 (Boettger, Hartsuch, Houser, McKinley, Mulder, Noble, Ward, Wieck, Zaun, and Zieman “no”)] SF 2222 allows employees who incur overdraft charges as a result of an employer not paying wages on the regular payday to be reimbursed by the employer for the overdraft charges. This right of recourse is already available to employees who are paid by direct deposit. This bill extends that protection to employees who are paid by check. [3/3: 49-0] COMMITTEE ACTION: SF 2303 allows for the workers’ compensation commissioner to maintain jurisdiction for the purposes of adjudicating claims that are in regard to a settlement of a workers’ compensation claim where the settlement includes the employee’s right to benefits for a specified period of time. This allows the workers’ compensation commissioner to intervene in disputes arising from the settlement during that agreed to time period. The bill also removes the sunset provision for the surcharge paid by employers to finance the second injury fund. The second injury fund relates employees who begin employment with a pre-existing injury which resulted in the loss of a limb, hand, foot, or eye, and then suffered another injury while in employment that led to their being granted a higher degree of disability if there had not been the qualified pre-existing injury. The fund covers the portion of a disability award that is goes beyond what the second injury would have resulted in had there not been the qualified pre-existing condition. [3/4: short form] SF 2304 strikes code sections that provided for the sunset of the elevator safety and boiler and pressure vessel safety revolving funds. The revolving funds are used to pay for the activities and expenses of the respective safety boards. [3/4: short form] SSB 3044, as amended, by committee makes various changes to eligibility for unemployment benefits. The bill allows for an individual who lost employment to be eligible for an additional 26 weeks of unemployment benefits if they are enrolled in an approved training program at the time their regular benefits lapse. These training benefits would not be charged to the employer’s account, but would be paid from the trust fund. The bill also establishes an alternate base period for individuals who have sufficient wages to qualify for benefits, but are not immediately eligible because current law requires a one-quarter lag period for wages to be allowed to be used for eligibility. (This provision would only become law with the enactment of federal legislation that also addresses this issue, and would provide additional funds to the state to pay for its application.) The bill also extends the terms under which an employee can file for benefits to include if they left work to care for a disabled, injured, or ill immediate family member. Other conditions that will allow and employee to file for benefits include if the employee left employment due to the transfer of his or her spouse to a location where commuting is not a reasonable option and in domestic abuse situations. [3/5: 7-4 (Behn, Hahn, Kettering, and Ward “no”)] SSB 3255 requires the Department of Transportation to promulgate rules to provide for uniform standards for railroad worker walkways. [3/5: 7-4 (Behn, Hahn, Kettering, and Ward “no”)] SSB 3257 relates to the workers’ compensation commissioners’ authority to rule in favor of additional benefits if the commissioner finds that the employee demonstrates that the awarded benefits were delayed, denied, or terminated, and that the employer fails to show reasonable cause for the delay, denial, or termination of awarded benefits. Current law allows for the award of additional benefits in cases where the employer has unreasonably delayed or denied awarded benefits. However, recent court rulings have held that the workers’ compensation commissioner does not have the authority to determine whether the delay or denial was reasonable. [3/5: 7-4 (Behn, Hahn, Kettering, and Ward “no”)] SSB 3260 establishes a state worker adjustment and retraining notification (WARN) system for employers who have a reduction in employment or terminate operations for 25 or more employees. The purpose of requiring the notice is to allow the Department of Workforce Development the opportunity to meet with affected workers and notify them of their eligibility for unemployment benefits, workforce training opportunities, and other programs to assist them after their employment ceases. This is modeled after the federal WARN program which applies to all employers with 100 employees or more. The bill currently has penalties
associated with a business failing to comply with the WARN notice requirement
which mirror federal penalties. These
penalties are not appropriate when applied against smaller businesses, and
will be changed before any further action takes place on this legislation. [3/5: short form (Behn and HF 2194 corrects code language that relates to exemptions from the state minimum wage requirement. Currently, the code cites outdated federal law. The bill provides for the same exemptions, but places the language in the Iowa Code. The bill does not increase or remove exemptions to the state minimum wage law; it simply restates current regulations. [3/4: short form] STAFF CONTACT: Kerry Wright SF 2005 – Abandoned
vacant lots SF 2247 --
Abandoned vehicles SF 2256 – 28E
Agreements SSB 3222 –
Volunteer firefighter individual tax credit SSB 3188 – County
recorder technical clean up SSB 3174 – Mobile home storm shelters COMMITTEE ACTION: SF 2005 allows cities to petition the court to acquire title to certain abandoned vacant lots. If all parties with an interest in the vacant lot have received proper notice and either consented to the entry of an order awarding title to the vacant lot to the city or did not fix the conditions alleged by the petitioning city within 60 days after the filing of the petition, the court shall grant the city title to the vacant lot. [3/3/08: short form, Angelo absent] SF 2247 relates to abandoned vehicles found near bodies of water. It makes for civil penalty of up to $2,000 or the cost of removal, whichever is less, when a vehicle is found within 100 feet of a body of water and the owner can be determined. [3/5/08: short form] SF 2256 amends code section 28E. 4, relating to agreements between public agencies and other public or private agencies to provide a governmental service and relating to contracts between public agencies to provide a governmental service, by specifying that the provisions of the 28E Code chapter shall not be construed to limit a public agency’s authority to appropriate or expend property tax revenues to carry out a duty specified in an agreement with another public agency or a private agency, or a contract with another public agency to provide a governmental service. [3/5/08: short form] SSB 3222 provides an individual income tax credit for an individual who was a volunteer firefighter that has met the minimum training standards or certified volunteer emergency services personnel for the entire tax year. The credit is to compensate the individual for the volunteer services. The amount of the credit equals $25 for the 2010 tax year and increases by $25 for each subsequent tax year until the credit equal $100. [3/3/08: short form, Angelo absent] SSB 3188 involves the office of the county recorder by making changes to several of the obscure and outdated code sections which still refer to indexing and maintaining records in the recorders’ offices in books. All recorders maintain their records in an electronic format and no longer keep records in books. These changes have been standardized to reflect in the way data is now kept. There are no fee increases involved in this bill. [3/3/08: short form, Angelo absent] STAFF CONTACT: Jace Mikels |