|
Week 10 –
Committee Reports NATURAL RESOURCES & ENVIRONMENT STAFF CONTACT: Sue Monahan SF
2363—Livestock Auctions Markets SF
2369—Manure Applicator Certification SF
2381—Animal Feeding Operations SSB
3181—25X25 Initiative FLOOR ACTION: SF 2363 provides that an animal feeding operation includes a livestock market if required by a National Pollutant Discharge Elimination System (NPDES) permit pursuant to the Federal Water Pollution Control Act. Currently, the Iowa Code exempts livestock markets from the animal feeding operations. Livestock markets are not exempt under federal law. This bill addresses a concern of the U.S. Environmental Protection Agency. [3/13: 48-0, McKibben, Ward “excused”] SF 2369 provides for the licensure of a commercial manure service and the certification of 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. [3/13: 48-0, McKibben, Ward “excused] SF
2381 aligns COMMITTEE ACTION: SSB
3181 is a concurrent resolution in support of the 25x25 Initiative, which
promotes the increased production of renewable energy by the agricultural
community. The 25x25 is an
agricultural-led initiative that envisions STAFF CONTACT: Theresa Kehoe SF
2394 — Transportation FY09 SSB
3264 — Administration & Regulation FY09 HF
2539 — Health
Care Reform FLOOR ACTION SF 2394 appropriates $328.1 million
to the The total increase over FY08 is $1.3 million. Highlights include:
SF 2394 appropriates a FY08 supplemental appropriation of $9.7 million for salt, labor and fuel costs associated with winter road maintenance. [3/19: 48-0] COMMITTEE ACTION SSB 3264 appropriates $95.6 million from the General Fund for various state agencies. This is a decrease of $695,000 from FY08. $20.5 million is appropriated from other funds – an increase of $28,000. Highlights include: Dept. of Administrative Services
Dept. of Commerce
Governor’s Office
Office of Drug Control Policy
Dept. of Human Rights
Dept. of Inspections & Appeals
Misc
The Senate Appropriations Committee adopted an amendment which: · Strikes the language limiting the Auditor’s office from how much they can charge certain state agencies. · Adds language contained in last year’s legislation directing the Office of Drug Control Policy to revert state funds, if additional federal funds are received. · Adds language allowing the Child Advocacy Board to conduct up to 6 pilot projects and to provide the General Assembly with a report by Feb. 1, 2009. · Strikes the section increasing the administrative costs for the Office of Energy Independence from 1.5 percent to 5 percent. [3/19: 17-6] HF 2539, as amended by the Senate, is based on the Health Care Commission’s recommendations. It requires all families to have health insurance for their children by January 1, 2011. It will subsidize families up to 300 percent of the federal poverty level who can’t afford coverage by expanding the hawk-i program. The Senate amendment makes a three-year commitment to fund health insurance for children:
In addition, the bill directs the Iowa Comprehensive Health Insurance Association to provide access to unsubsidized, affordable, qualified health care coverage for children, adults and families with family incomes between 300 and 400 percent by developing the Iowa Choice Health Care Coverage program. The bill institutes health insurance reforms that assure the availability of private health insurance coverage for Iowans by addressing issues involving guaranteed availability and issuance to applicants, preexisting condition exclusions, portability, and allowable or required pooling and rating classifications. The bill also encourages the use of electronic medical records, encourages the medical home concept, establishes wellness and prevention initiatives, establishes long-term living public education campaigns, sets up a pilot for end of life care, and strengthens accountability, transparency, cost containment and planning. [3/19: 18-6] STAFF CONTACT: Julie T. Simon SF
2246 – Real estate transaction mandatory disclosures SF
2308 – Notification of breach of security
SF
2349 – Pre-need sale of cemetery, funeral merchandise, services SF
2357 – Disclosure of small-employer group health claims, premium information HF
2268– Revisions to consumer credit code, motor vehicle rentals/sales HF
2384 – Deposit of public funds incorporate credit unions FLOOR ACTION SF 2246 deals with mandatory disclosure in real estate transactions. The bill eliminates the required statement regarding whether the property is located in a real estate improvement district and the amount of any special assessment against the property. This does not change the remaining disclosures (e.g., condition and important characteristics of the property and any structures, significant defects in the structural integrity) currently mandated. [3/17: 49-0] SF
2308 provides for the notification of a breach in the security of personal information. This applies to those who conduct business in
There is an exemption for law enforcement and emergency service providers who may transmit personal information over their job-specific radio broadcast system (e.g., police dispatch) in the performance of official duties. [3/17: 48-0] SF 2349 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. The bill incorporates recommendations by the Attorney General and the Iowa Insurance Division to strengthen last year’s legislation. Amendments adopted (on voice votes) on the floor streamlined some “red tape” paperwork requirements and refined some of the most important consumer protection provisions. The
seller of a pre-arranged funeral agreement must deposit at least 80 percent
of the customer’s payment in a trust fund account at a financial institution
within 15 days of receiving payment.
Within 60 days of the purchase date, the c Customers
who do not receive this report can ask for assistance by calling or writing the
Iowa Insurance Division or the financial institution. Specific contact
information including addresses and telephone numbers will be given to the c SF 2357 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. It requires the issuers to disclose information concerning claims and premiums to small-employer groups of two to 50 employees which increase to a group of more than 50 employees during the term of the policy or contract. [3/17: 49-0] HF
2268/SF 2109 is a recommendation by the Attorney General that updates COMMITTEE ACTION HF 2384 makes technical corrections to corporate credit unions references in language dealing with securing deposits of public funds in credit unions. A corporate credit union is defined as an organization that receives shares from and provides loan services to credit unions and is operated primarily for the purpose of serving other credit unions. The bill changes this to the more general designation of corporate credit unions, whose activities are regulated by the national credit union administration. The bill passed the House 97-0. [3/19: short form] STAFF CONTACT: Sue Monahan HF 2215— Private Activity Bond
Allocation Procedures HF 2450—Various IDED Program Changes FLOOR ACTION:
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. [3/17: 49-0, Ward “excused”] COMMITTEE ACTION: HF
2450 allows the Director of the Department of Economic Development to
appoint a designee to the Vision Iowa Board, and allows a portion of the
Renewable Fuels Program funds to be used for marketing. The bill makes technical corrections to the
Film Promotion Program and the bill allows the Department to contract with
service providers for commercialization development services. In addition, the bill combines reports to
the General Assembly under one report.
In committee, an amendment was adopted to clarify the reporting time
period. [3/18: short form] STAFF CONTACT: Bridget Godes SF
2111 – Lead and Dental Screening SF
2159 – Preschool Clean-Up Bill SF
2278 – Department of Education Code Clean-Up SF
2279 – Healthy Kids Act FLOOR ACTION: SF 2111 comes back from the House with an amendment that changes slightly the duties of a school district to inform and check students for lead and dental screening. The main part of the bill addresses legislation passed last session to allow the enrollment of students, with or without a lead or dental screening. The Code section regulating dental screening takes effect July 1, 2008. The bill permits a child to be enrolled in school, rather than provisionally enrolled, if the child's parent or guardian consents to have the child receive a blood lead test as rapidly as is feasible. Currently, the Code requires that, as a condition of the provisional enrollment, a parent or guardian must consent to have the child receive the test not later than 60 days after the school calendar commences. The Senate conformed with the House amendment. [2/17: 49-0; 2/13: 45-0] SF 2159 is a preschool clean-up bill that makes some simple adjustments to the programs that include adjustment language on eligibility, clarification on types of contracting allowed, and removal of grant language. There is no appropriation or professional development dollars appropriated in the bill. However, it does reference that if professional development money is appropriated, then those dollars shall be used in the following ways. The bill also provides a remedy for some private providers that had concerns about the amount of money districts were withholding on the per pupil funding by allowing the Department of Education to extend the initial grant year status to districts with concerning fiscal management. [3/17: 47-2 (McKinley, Zaun)] SF 2279 is the healthy kids’ task force 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 CPR certification course prior to graduating. The bill also requires a consortium of AEAs 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. [3/18: 30-17 (Behn, Houser McKinley, Zaun, Boettger, Johnson, Noble, Zieman, Gaskill, Kettering, Putney, Hahn, Kreiman Seymour, Hartsuch, Lundby, Wieck "no" and Angelo, McKibben, Ward "excused")] SF 2278 is the Department of Education’s Code clean-up bill. The bill was amended in committee to strike certain controversial aspects. An amendment from Sen. Putney to change the school start date was adopted by voice vote on the floor. [3/17: 34-15 (Dvorsky, McCoy, Wood, Angelo, Hartsuch, Behn, Hogg, Noble, Zaun, Johnson, Seymour, Zieman, Hahn, Kettering, and Wieck)] STAFF CONTACT: Kris Bell SF
2172 – Children’s Dental Homes SF
2199 – Dental External Appeals SF
2251 – Children’s Vision Screening SF
2252 – Marital and Family Therapists SF
2319 – Disease Prevention and Wellness FLOOR ACTION: SF 2172 specifies that children with a dental home shall be provided with dental screenings, preventive services, diagnostic services, treatment services, and emergency services as defined under the early and periodic screening, diagnostic, and treatment program. [3/17: 49-0 (Ward excused)] SF 2199 allows an appeal of denials of dental insurance coverage based on medical necessity. [3/18: 47-0 (Angelo, McKibben, Ward excused) SF 2251 sets a goal for every child to receive an eye examination by the age of seven, requires that every parent be given a vision card provided by the Iowa Optometric Association and says that in conjunction with the adoption of an Individual Education Program, an eye examination may be provided. [3/17: 49-0 (Ward excused)] SF 2252 directs the Department of Human Services to amend the medical assistance state plan to allow marital and family therapists and master social workers licensed in the state to be behavioral health participating providers under the medical assistance program. [3/17: 49-0 (Ward excused)] SF 2319 establishes an Iowa Healthy Communities initiative grant program and establishes the Governor’s Council on Physical Fitness. [3/18: 47-0 (Angelo, McKibben, Ward excused)] STAFF CONTACT: Cathy Engel SF
2132 – Disposition of Seized Property SF
2275 – Domestic Abuse Protective Orders and Pets SF
2277 – Consumer Credit Freeze SF
2280 – Reserve Peace Officers and Automobile Accidents While on Duty SF
2322 – Establishing Second Deputy Sheriff Positions in Certain Counties SF
2340 – Identity Documents for Children SF
2356 – Judicial Branch Bill Relating to Parking Violations, Clerks Records SF
2364 – Emancipation of a Minor FLOOR ACTION: SF 2132 requires that all property seized by law enforcement officials that is no longer required as evidence must be returned to the owner unless there is a law that prohibits the owner from possessing the property. If the value of the property exceeds $500, the seizing agency must send by restricted certified mail, return receipt requested, a notice to any person who may have an ownership right in the property, informing them that the property must be claimed within 30 days of receipt of the notice or the notice must be personally served. If the value of the property is $500 or less, the seizing agency shall send notice by regular mail to the last known address of any persons having an ownership right in the property that the property must be claimed within thirty days of receipt of the notice. These notices may be personally served as well. Also, if a claim is filed for the property, then the claimant must take possession of the property within thirty days of the expiration of the date for filing a claim. [3/17: 49-0, Ward excused] SF 2275 allows a petitioner who is seeking a civil domestic abuse protective order to request that the court include pets in the protective order. The court may then issue an order that includes instructions specifying that the abuser stay away from a particular pet. [3/18: 47-0, Angelo, McKibben, Ward excused] SF
2277 concerns the protection of a person's identity. It creates new Code
chapter 714F that allows an individual, the consumer, to place a hold on the
individual's consumer report to prevent a consumer reporting agency from releasing any information relating to the individual's creditworthiness. This "security freeze" may be temporarily suspended to allow a credit reporting agency to release a consumer report for a specific time period or to a specific third party. A
security freeze remains in effect until the individual
requests its removal.
The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identify theft. Other
individuals pay a fee up to $10 per security freeze,
removal. [3/17: 49-0, Ward
excused] SF
2280 deals with reserve peace
officers who are involved in a car accident while on duty. If a certified reserve peace officer is
involved in an automobile accident in the line of duty, their personal
automobile insurance rates cannot be increased by their insurance company
because of that accident as the accident will not be included on the
department record. Under SF
2322 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. [3/13: 49-0, Angelo excused] SF
2340 requires that in the case of 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. [3/13:
49-0, Angelo excused] SF 2356 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. [3/13: 49-0, Angelo excused] SF 2364 amends Code section 232.125 relating to a Family In Need of Assistance (FINA) Petition. The amendment would allow a FINA petition to include a request for emancipation by a child who is at least 16 years of age. If the court finds by clear and convincing evidence that there is no remedy that would strengthen or maintain the familial relationship, the court may enter an order emancipating the child. [3/19: 49-0, Ward excused] STAFF CONTACT: Jace Mikels SF 2160
– Employer participation during fact-finding portion of unemployment
insurance proceedings SF 2344
– Workers’ compensation penalty benefits; commissioner’s authority
SF 2160 relates to cases where an employer does not participate in the initial fact-finding phase of a case involving unemployment benefits. Currently, if an award of benefits is reversed on appeal, the employer is eligible to recoup all of the benefits. Under the bill, if an employer did not participate in fact-finding where the employee was awarded benefits, and the award of benefits was later reversed on appeal, the employer would not recoup benefits that are already paid. An employer who participates in fact-finding would still be eligible to recoup all benefits paid. The bill is designed to encourage companies to participate in fact-finding, which would avoid the unnecessary dispersal and collection of benefits. [3/17: 31-18 (Democrats and Lundby “yes”)] SF 2344 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. [3/17: 30-18 (Republicans “no,” Hartsuch and Ward absent)] STAFF CONTACT: Kerry Wright HF 247 -- Township/city volunteer fire
department E911 voting COMMITTEE ACTION: HF 247 relates to a township operating a volunteer fire department or a city operating a volunteer fire department that is not financed through city government. Under this legislation, such a township would be regarded as a political subdivision having a public safety agency and would be given voting representation on the joint E911 service board. [3/17: short form] STAFF CONTACT: Jace Mikels SF
2267 – Rules for discharging wastewater from water well drilling sites SJR
2002 – Constitutional amendment on sustainable funding for natural resources HF
2400 – Surface Water Protection Act FLOOR ACTION: SF 2267 requires the Environmental Protection Commission (EPC) to adopt rules regulating the discharge of wastewater from water drilling sites. During the well drilling process, there may be times when a large amount of water (the wastewater defined in the bill) is discharged from the well site. This bill charges the EPC with adopting rules to ensure the wastewater is handled properly. The bill sets the guidelines for the rules and allows the Department of Natural Resources to collect fees for any general permits to enforce the guidelines of the program. [3/17: 49-0] SJR
2002 is a bill for a proposed constitutional amendment to provide for
sustainable funding for natural resources, water quality and outdoor
recreation in HF 2400 establishes a water resource coordinating council within the Office of the Governor. The council is designed to coordinate water quality projects and efforts between various federal, state, and local government agencies. The bill outlines a regional assessment program, which will assess regional watersheds in the state, and assist in the planning and prioritization of efforts in that watershed. The bill was developed by the Watershed Quality Planning Task Force established by SF 2363, which was passed by the General Assembly and signed into law in 2006. [3/17: 49-0] STAFF CONTACT: Julie T. Simon SF
2189 – County fair, community festival bingo games SF
2193 – ECDB ethics regulation SF
2312 – Secretary of State’s elections, voter registration omnibus SF
2379 – Regulation of certified public accountants SF
2387 – Electrical, mechanical games of am HF
2212 – Smoke-Free Air Act HF
2410 – Alarm system contractors/electrician licensure HF
2411 – Electrician licensure grandfathering provisions HF
2547 – Modification of provisions for electricians, alarm system
contractors FLOOR ACTION SF 2189 allows bingo game to be conducted at county fairs and community festivals in limited cases. The community festival event must be no longer than four days and be sponsored by a qualifying Iowa non-profit, tax exempt organization established to promote and develop the arts, history, culture, ethnicity, historic preservation, tourism, economic development, festivals, or municipal libraries. The bill does not pertain to schools, colleges, universities, political parties, labor unions, state or federal government agencies, fraternal organizations, churches or other affiliate organizations of churches or religious groups. The sponsor of the fair or community festival or the licensed organization that has received the permission of the fair or festival to conduct bingo, must submit a license application with a $25 fee, must be issued a license that will clearly state the applicable dates, and display the license and the game rules prominently at the bingo location. An amendment was adopted on a 27-21 vote which allows raffle tickets for raffles licensed under sections 99B.5 of 99B.7 to be purchased by personal check, money order, bank check, cashier's check, electronic check, credit cards or debit card. The Department of Inspections and Appeals will adopt rules setting minimum standards to protect the ticket buyers’ personal information consistent with payment card industry compliance regulations. The bill takes effect immediately upon enactment. [3/19: 32-16] SF 2193 is a
recommendation by the Ethics and Campaign Disclosure Board. The bill:
·
Directs the Board to
adopt rules when additional situations may arise that would create an
unlawful conflict of interest applicable to the Executive Branch. ·
States that the ban
on Executive Branch officials and employees from becoming lobbyists for two
years after leaving state government applies to those with "substantial
exercise of administrative discretion or the expenditure of public
funds.” Current law applies to many officials and employees who have no
decision-making authority as part of their jobs, and to limit their
opportunity to become lobbyists after leaving state government goes beyond
the intent of the original legislation.
Such provisions already apply to the Legislative Branch. · Adds an exception from the gift law for food and beverage provided at a meal that is part of a bona fide event or program at which the recipient is being honored for public service. A public official or employee is permitted to receive a "plaque or other item of negligible resale value given in exchange for public service," and also may receive a meal when making remarks or speeches at an event. This clarification would cover situations when the public official or employee is honored at an event, receives a plaque but does not make formal remarks. [3/13: 48-0] SF
2312 is a recommendation by the Secretary of State regarding elections
and voter registration. It provides that school district elections be held in
September of odd-numbered years, with
4-year staggered terms starting in 2009; changes AEA director terms from 3 to 4 years; allows any qualified registered voter to
vote at a vote center in a school or city election (includes regular city, regular school, and
special elections, primaries, and run-offs); sets times when special county
or city elections may be held;
requires a challenger of a
voter registration to sign a form
stating the reason for the challenge; and makes other miscellaneo An amendment was adopted that adjusts the options for holding special elections as follows: Counties can hold special elections on the following dates: 1. November
General Election - even-numbered years 2. 3. First Tuesday
in March 4. First Tuesday
in May 5. One
"wild card" date during the year chosen by the county supervisors 6. On the date
of any special election held to fill a vacancy in the county Cities can hold special elections on the following dates: 1. November
General Election - even-numbered years 2. |