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Week 12 –
Committee Reports NATURAL
RESOURCES & ENVIRONMENT STAFF CONTACT: Sue Monahan HF 2551—Non-Resident Aerial Applicators HF 2553— Per Diem for HF 2554—Drainage Districts Monetary Thresholds HF 2606—Regulation of Grain Dealers and Warehouse Operators FLOOR ACTION: HF 2551 gives the Secretary of
Agriculture and Land Stewardship the authority to adopt by rule specific
requirements for non-resident aerial applicators of pesticides. The bill eliminates the option for a
non-resident applicator to operate in HF 2553 raises the per diem
compensation for directors of the Iowa Soybean Association Board to
$100. Currently, in HF 2554 raises the amount the governing board of a drainage district may spend to make repairs necessary to maintain or restore a drainage or levee improvement without a public hearing. Currently, the drainage district board does not need to hold a public hearing if the improvement does not exceed $15,000. The bill changes the amount to $20,000. The bill amends a provision that provides for the right of a landowner to file a remonstrance against a proposed improvement when its cost exceeds the greater of $20,000 or the cost of the district plus subsequent improvements. The bill increases the ceiling amount to $25,000. [3/31: 49-0] HF 2606 amends various sections of the Iowa Code relating to grain dealers and grain warehouses. The bill changes the definition of financial institution in the grain dealer law. The bill codifies the Iowa Department of Agriculture and Land Stewardship’s procedure to require additional financial reporting for Class 1 and Class 2 grain dealers. The bill allows the Department to adopt rules specifically relating to electronic warehouse operator documents. The bill allows for a five-year time limit for completing the claim process for the indemnity fund. In addition, the bill makes various definition changes. [4/1: 48-0, Angelo, Courtney “excused”] STAFF CONTACT: Theresa Kehoe SF 2378 – Open
Records, Open Meetings SF 2391 – Renewable
Fuels Infrastructure SF 2407 – Wage
Benefits Tax Credit/Iowa Workforce Development COMMITTEE ACTION SF 2378 revises SF 2391 makes changes to the Renewable Fuels Infrastructure Program, which is administered by the Iowa Department of Economic Development (IDED). The bill allows for a new type of fuel pump referred to as a motor fuel blender pump. This ensures blender pumps have full access to grants awarded by the Renewable Fuels Infrastructure Board (RFIB). The bill increases the amount of financing for ethanol infrastructure from 50 to 70 percent of the cost of making the improvement with a ceiling amount increased from $30,000 to $50,000. For biodiesel infrastructure, the amount of financing is based on a cost-share agreement schedule with an increased ceiling from $30,000 to $50,000. The cost-share agreement schedule is as follows: B2-B4.9, 50 percent cost share; B5-B9.9, 55 percent cost share; B10-B19.9, 60 percent cost share; and B20+, 70 percent cost share. Current law allows biodiesel terminals to receive cost share of $50,000. The bill allows tank wagons to be eligible for infrastructure grants (current law), but the infrastructure is limited to the portion of the tank and the fuel pump that is used to store, blend or dispense the renewable fuel. In addition, the bill increases the cost share for heated blending tanks that store B-99 to B-100 to be eligible for grants of 50 percent of the actual cost of making the improvements or $100,000, whichever is less. The bill caps the awards to these heated blending tanks at $1 million total during any fiscal year. The bill allows for separate grants to the same physical location for E85 and biodiesel. The bill provides that the RFIB may award financial incentives to participating persons who submitted an application on or after February 19, 2008. The bill directs the Iowa Secretary of Agriculture to apply to the U.S. Environmental Protection Agency for approval for the use of ethanol blended gasoline higher than E10 for vehicles other than flex fuel vehicles. The bill affects the Iowa
Department of Administrative Services, the Department of Blind Commission,
community colleges, the Board of Regents, school boards, the Iowa Department
of Transportation,
SF 2407 passed the STAFF CONTACT: Julie T. Simon HF 2383 – Insurance
Code non-substantive corrections, repeals
HF 2384 – Deposit
of public funds incorporate credit unions HF 2555 – Insurance
omnib HF 2556 – Banking
omnib HF 2650 – Health
Insurance Mandate Commission HF 2653 –
Foreclosure consultants, reconveyances FLOOR ACTION HF 2383 is a departmental proposal by
the Iowa Insurance Division. It makes non-substantive corrections, updates
language and repeals outdated sections of laws relating to insurance trade
practices ands regulation of insurance other that life insurance. The bill passed the Ho
HF 2384 makes technical corrections
to corporate credit union references in language dealing with securing
deposits of public funds in credit unions, and conforms
specified powers of state credit unions via State Superintendent/Iowa
Department of Commerce Credit Union Division to those
federally-chartered. A corporate
credit union is an organization which 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 Ho HF 2555 is based on recommendations by the Iowa Insurance Division (IID) Most of the changes are technical. Exceptions include an increase in registration and renewal of registration fees for securities agents, an increase to the license fee for rating organizations, and codification of the Division’s current process relating to viatical settlements. Currently, the fee for registration or renewal of registration for securities agents is $30. This increases the fee to $40 and appropriates the $10 increase to the Securities Investor Education and Financial Literacy Training Fund. The bill provides for an expansion of the Investor Education initiatives currently practiced within the Division. It also increases the maximum balance of the Fund at the end of each fiscal year from $200,000 to $500,000 before excess funds are reverted to the General Fund. The license fee for rating organizations increases from $25 to $100. These fees are transferred to the General Fund. Currently there are eight organizations that are affected by this increase. Another significant change is the establishment of the Consumer Advocate Bureau within the IID. The Bureau will be responsible for
ensuring fair treatment of consumers by persons in the b The Iowa Insurance Commissioner, with the advice of the Governor, will appoint a consumer advocate who is knowledgeable in the area of insurance and particularly in the area of consumer protection. The Bureau will
receive and may investigate consumer complaints and inquiries from the
public, and conduct investigations to determine whether a person has violated
any provision of When necessary or appropriate to protect the public interest or consumers, the consumer advocate may request that the Commissioner conduct administrative hearings. The Bureau will perform other functions that may be assigned by the Commissioner related to consumer advocacy. The Bureau also will work in conjunction with other areas of the Division matters of mutual interest. The IID will cooperate with the consumer advocate in fulfilling the duties of the Bureau. The consumer advocate may also seek assistance from other state agencies, federal agencies or private entities. The Commissioner, in cooperation with the consumer advocate, will present an annual report to the General Assembly that contains findings and recommendations regarding the activities of the Bureau, including:
The bill
passed the Ho COMMITTEE ACTION HF 2383 makes non-substantive corrections and repeals to the Insurance Code. See “Floor Action.” [3/27: short form] HF 2555 is the Iowa Insurance
Division’s omnib HF 2556 is a proposal by the Banking Division of the Department of Commerce. It strengthens regulated loan provisions
by increasing the size of the bond paid by licensees
from $1,000 to $25,000 and broadens the range of
disciplinary actions in the event of specified licensee misconduct.
It provides that a licensee may not
broker loans without a mortgage broker license, and
deletes several exemptions previo The bill also makes changes to
regulations governing ind misconduct, including a civil penalty of up to $5,000. The bill provides that a licensee cannot broker loans without a mortgage broker license, and licensees m The bill passed the Ho HF 2650 establishes a State Health Insurance Mandate Commission (SHIMC) to review legislation that proposes to mandate health care benefits in order to ensure that legislative decisions are based on the best data available regarding the impact of the proposed benefit. "Mandated health care benefit" is defined as coverage required or required to be offered by state law in an individual or group health insurance policy, if it does any of the following: stipulates coverage for specific health care services, benefits, technologies, or treatments; limits or restricts deductibles, coinsurance, copayments, or annual or lifetime maximum amounts; designates a specific category of provider from whom an insured is entitled to receive care; requires coverage for all services recommended by a health care provider that are consistent with "generally accepted principles of professional medicine" or a similar standard; or requires a specific level of payment or rate of reimbursement. "Carrier" means an entity subject to Iowa insurance laws, regulations or the Insurance Commissioner’s jurisdiction, that contracts or offers to contract to provide, deliver, arrange or pay for, or reimburse any health care service costs, including an insurance company offering sickness and accident plans, a health maintenance organization (HMO), a nonprofit health service corporation, an organized delivery system, or any other entity that provides a plan of health insurance, health benefits, or health services. "Small
employer" is defined as a person actively engaged in b SHIMC will have 14 members, four non-voting members and 10 voting members: ·
The Chairs and Ranking Members of both the Ho · The Insurance Commissioner or designee – who will serve as Chair. · Four members appointed by the Insurance Commissioner: § An expert in the field of health insurance. § An expert in medical research. § An expert in the field of social sciences. § An actuary. · Five members appointed by the governor: § One representing a small employer. § One representing a large employer. § One member of a collective bargaining unit. § One person with individual health insurance coverage. § One person representing the general public. Appointed
members serve three-year terms and m § Conduct research. § Receive testimony from experts. § Review, for purposes of comparison, the health benefits mandated in other states and the jurisdiction and effect of such mandates. § Contract with experts to develop needed data concerning a proposed mandate. § Perform other necessary actions to accomplish its assigned tasks. The Insurance Division provides staff and administrative support and the Insurance Commissioner may adopt rules as necessary and will propose the first budget for SHIMC, subject to its approval. Beginning in Fiscal Year 2010, SHIMC will review its operating costs for the preceding year and develop a budget for the current fiscal year. The procedure for bills containing a health care benefit mandate is: 1. When a bill is requested, the Legislative Services Agency will determine whether it contains a mandated health care benefit and, if so, include this information in the bill’s explanation. 2.
Such a bill will not be assigned to
a Ho 3. Upon referral, the Insurance Commissioner will convene SHIMC for its review and evaluation. 4.
Upon receipt of the SHIMC report, the bill may be
assigned to a standing committee and be
considered in the same manner as a bill sponsored by the
majority and minority leaders of one ho 5.
The SHIMC evaluation and recommendation regarding a specific proposed benefit is concl SHIMC
will prepare a written report, with the assistance of the
Insurance Commissioner, on its findings, evaluations, and
recommendations. The final report m The report m Public impact, including all of the following: § The extent to which the benefit is generally utilized by a significant portion of the population. § The extent to which insurance coverage for the benefit is already generally available, and if not generally available, the extent to which lack of coverage results in persons foregoing necessary health care treatments or results in unreasonable financial hardship to patients. § The extent to which the benefit is covered by self-funded employers' groups. § The level of public demand for the benefit. §
The extent to which the benefit has previo § The level of public demand for insurance coverage of the benefit. §
The level of interest of collective bargaining
agents in negotiating privately for incl Medical impact, including all of the following: § The extent to which the benefit is recognized by the appropriate American health care specialty society as being effective in the treatment of patients. § The extent to which the benefit is recognized by the appropriate American health care specialty society as being effective as demonstrated by a review of scientific and peer-reviewed literature. § The extent to which the benefit is available and utilized by health care providers in the state. §
The extent to which the benefit makes a positive contribution to the health stat § The extent to which the mandated health care benefit would diminish or eliminate access to currently available health care services. Financial impact, including all of the following: § The extent to which the benefit will increase or decrease the cost of health care benefits over the next five years. §
The extent to which the benefit will increase the appropriate § The extent to which the benefit will be a substitute for a more expensive health care benefit over the next five years. § The impact of the mandated health care benefit on small employers. § The extent to which the costs resulting from lack of coverage for the benefit are currently paid by or will be shifted to other payers, including both public and private entities. § The extent to which the benefit will increase or decrease administrative expenses of carriers and the premiums and administrative expenses of policyholders. § The impact of the benefit on the total cost of health care over the next five years. Transitional
language states that any legislation that includes a mandated benefit that is
on the calendar or assigned to a standing committee of
either the Ho The bill
would be effective upon enactment and sunset on December 31,
2018. The bill passed the Ho HF 2653 regulates foreclosure consultants and prohibits them from accepting compensation until all services are performed; charging more than an annual 8 percent of the amount of any loan made to the homeowner; accepting third-party payment in connection with services, unless disclosed to the homeowner; inducing an owner to enter into a contract not in compliance with the requirements of this new law; and trying to prohibit the borrower from contacting any lender, servicer, government entity, or any other person helping the consumer. The bill
also addresses reconveyances (transfer of title by
the homeowner and the later transfer back to that homeowner after completion
of foreclosure proceedings) and the private right to sue. All remedies under STAFF CONTACT: Sue Monahan HF 2385--Allowable
investments by the Treasurer of State HF 2450--Various
IDED Program Changes FLOOR ACTION: HF 2385 allows the Iowa Finance Authority (IFA) to sell obligations directly to the Treasurer’s Office. This will significantly increase IFA’s speed of execution in transactions, while also reducing IFA’s transaction costs. IFA is not asking the Treasurer’s office to buy IFA notes and bonds at reduced or favored rates or suggesting the Treasurer’s office compromise the credit quality of eligible investments. Iowa Code previously did not list IFA as a type of investment the Treasurer may invest in or purchase. Obligations of IFA may only be purchased if at the time of purchase IFA has an issuer credit rating within the two highest classifications or the obligations to be purchased are rated within the two highest classifications as established by the superintendent of banking. [4/2: 32-17, Courtney “excused”] 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. [3/31: 43-6, Behn, Hartsuch,
Kettering, McKibben, McKinley “no”, Courtney “excused”] STAFF CONTACT: Bridget Godes SF 2307 – State
research (RDDD) on pk-12 lab school HF 2164 – Voluntary
Diversity Plan HF 2197 – Textbook
information provided at higher education institutions HF 2364—PPEL to
guarantee school district energy savings contracts HF 2526—Disposition
of certain school property FLOOR ACTION: SF 2307 directs two committees to further
develop an HF 2364 allows a school district to use its physical plant and equipment levy (PPEL) revenue to guarantee school district energy savings contracts. [3/31: 49-0 (Courtney—excused)] FLOOR AND COMMITTEE ACTION: HF 2197 requires institutions of higher learning and community colleges to provide students with specific textbook information. Senator Schoenjahn recognized Senator Quirmbach to take up amendment HF 2197.301. Following a brief discussion, short form was taken. [Committee—3/27: Short Form, Floor--3/31: 49-0(Courtney—excused)] COMMITTEE ACTION: HF 2526 relates to the disposition of school property. The bill specifies that the board of directors of a school district may take independent action to dispose of any interest in property of the school corporation. The bill prohibits voters from voting to direct the disposition of school district property for any purpose directly contrary to an action previously approved by the board of directors. Such prohibition on electors exercising their power ends the same calendar year that the board approved an action. A committee amendment modifies this by allowing the electors to exercise their vote power to overturn a board decision 12 months after an action by the board. [3/27: Short Form, 4/1: Floor—48-0 (Courtney, Hatch—excused)] HF 2164 is a response to a recent
U.S. Supreme Court ruling that race cannot be the sole determining factor on
decisions related to maintaining student ratios. The bill is drafted in response
to a recent U.S. Supreme Court decision (Parents Involved in
Community Schools v.
STAFF CONTACT: Bridget Godes SF 2403 – Lottery
restrictions FLOOR ACTION: SF 2403 prohibits the Iowa Lottery from operating outside the STAFF CONTACT: Kris Bell HF 2145 – HPV
Vaccines HF 2310 – Substance
Abuse/Child Abuse Study HF 2328 – FaDDS to Department of Human Rights HF 2372 –
Electronic Benefit Transfer Procedures HF 2393 – Minority
Impact Statements HF 2423 – Mental
Health Risk Pool Procedures HF 2564 – Disaster
Aid Individual Assistance Grants HF 2591 – Dependent
Adult Abuse HF 2603 – Advanced
Registered Nurse Practitioners Signing Reports HF 2609 – DIA
Public Release of Information
FLOOR ACTION:
HF 2145 requires insurers offering certain individual or group health insurance contracts, policies, or plans in the state to provide coverage for vaccinations for human papilloma virus (HPV). [3/31: 41-8 (Behn, Boettger, Hancock, Hartsuch, McKinley, Mulder, Seng, Zaun, no; Courtney excused)] HF 2310 requires the Departments of Public Health and Human Services to perform a study, collect data and develop a protocol to address the relationship between substance misuse, abuse, or dependency by a child’s parent, guardian, custodian, or other person responsible for the child’s care and child abuse. [4/1: 47-0 (Angelo, Courtney, McKibben excused)] HF 2328 moves the responsibility for the Family Development and Self-Sufficiency (FaDDS) Council and grant program from the Department of Human Services to the Community Action Agencies Division of the Department of Human Rights. [3/31: 49-0 (Courtney excused)] HF 2372 limits the scope of the electronic benefits transfer program maintained by the Department of Human Services. [3/31: 49-0 (Courtney excused)] HF 2393 requires that correctional impact statements must now
include the impact of legislation relating to offenses on minorities. It also adds new language stating that the
nonpartisan Legislative Services Agency, in cooperation with the Division of
Criminal and Juvenile Justice Planning, must develop a protocol for analyzing
the impact of the legislation on minorities. [3/27: short form ( HF 2423 revises the procedural and qualifying requirements for application to the County Mental Health, Mental Retardation, and Developmental Disabilities (MH/MR/DD) services risk pool. It changes the application and decision dates. [3/31: 49-0 (Courtney excused)] HF 2564 makes changes to the disaster aid individual assistance
grant program by providing that an applicant is eligible for a grant if his
or her annual household income is less than 200 percent of the federal
poverty level, compared to current 130 percent. The bill also changes the maximum grant
from $3,500 to $5,000 per household. [3/27:
short form ( HF 2591 creates a new chapter for dependent adult abuse in
facilities and programs with Department of Inspections and Appeals (DIA).
Currently DIA investigates in hospitals and health care facilities using
Chapter 235B which is a DHS chapter.
It transfers assisted living program, adult day services, and elder
group home investigative responsibilities from DHS to DIA. It creates a
specialized definition for caretaker that applies to facilities. The bill creates a specialized definition
for dependent adult that applies in facilities. Recognizes that an
adult may go in and out of dependency status and clarifies definitions of
what acts constitute abuse. [3/27:
short form ( HF 2603 authorizes certain advanced registered nurse
practitioners to file certain periodic court reports on chronic substance
abusers and persons with mental illness who do not require full-time
placement in a treatment facility. [3/27:
short form ( HF 2609 changes the law so Department of Inspections and Appeals
reports regarding elder group homes, assisted living facilities, and adult
day services programs become available after informal review (which is final
agency action) which is approximately 40 days. Currently monitoring reports are not
available until all administrative appeals have been exhausted which can be 14
months or longer. [3/27: short form ( STAFF CONTACT: Cathy Engel SF 473 – Final
Disposition of a Person’s Remains SF 505 – Liability
for Damages Relating to Use of a Defibrillator HF 2119 –
Fingerprinting Children at Fairs HF 2266 – Penalty
for Possession of an Incendiary or Explosive Device HF 2626 – State
Judicial Nominating Commission Members HF 2628 – “Stun
Gun” as a Dangerous Weapon HF 2642 - Issuance
of a Treasurer’s Deed after Redemption Period FLOOR ACTION: SF 473 provides that an individual may designate a person to make their funeral arrangements if that designation is attached to or included in a durable power of attorney for health care. In practice, this will simply add another optional page to durable health care power of attorney instruments. Specifically, Chapter 144C declarations will name a designee, or alternate designees, who may be different from the attorney in fact designated in the durable power of attorney for health care, who shall have sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after death. The bill specifies that Chapter 144C declarations shall not include written directives executed by the declarant for final disposition of the declarant’s remains, and will not include written directives concerning arrangements for ceremonies planned after the declarant’s death. A declaration may include, however, “the location of an agreement for prearranged funeral services or funeral merchandise as defined by and executed under Chapter 523A (cemetery and funeral merchandise and funeral services); the location of cemetery lots owned by or reserved for the declarant; and/or special instructions regarding organ donation consistent with Chapter 142C. [4/2: 49-0, Senator Courtney absent]. SF 505 provides that persons or entities that in good faith render emergency care or assistance relating to the preparation for and response to a sudden cardiac arrest emergency shall not be liable for any civil damages for acts or omissions occurring at the place of the emergency or accident, or while such persons are in transit to or from the emergency or accident related to using an automated external defibrillator (AED). The bill specifies that the non-liability applies if the AEDs are maintained per standards developed by the Department of Public Health. [4/2: 49-0, Senator Courtney absent]. HF 2119 clarifies that law enforcement agencies will be allowed to fingerprint children at county fairs and the state fair under limited circumstances. In order to fingerprint children, a parent or guardian must sign an authorization card. In addition, the parent or guardian keeps the fingerprint card. Law enforcement may not keep a fingerprint record of a child. Current law prohibits the fingerprinting of children except under specific circumstances. [4/1: 47-0, Senators Courtney, Angelo and McKibben absent] HF 2266 makes the following changes to the Code relating to explosive devices: The bill conforms The bill adds “overpressure
devices” to The bill creates a “lesser offense” of criminal possession of an incendiary or explosive device. Under current law, there is an offense of “possession of an incendiary or explosive device with intent to commit a public offense.” That offense is a C felony. This bill creates a lesser offense of “possession of an incendiary or explosive device (without intent to commit a public offense).” The new offense would be an aggravated misdemeanor. This charge would be available when a person is found to be in possession of an incendiary or explosive device, but it is not possible to prove that the person intended to commit a public offense. In addition, the bill makes it a public offense to elude or attempt to elude campus police at the Regent’s institutions. [3/2: 49-0, Senator Courtney absent] HF 2626 relates to the appointment or election of state judicial nominating commission members. The state judicial nominating commission nominates persons to the Governor for appointment to the Court of Appeals and the Supreme Court. The bill provides that the terms of each appointed and elected member of the state judicial nominating commission expire on December 31, 2012. The bill provides that terms of newly appointed and elected members of the state judicial nominating commission shall commence on January 1, 2013, based upon four congressional districts being established following the 2010 federal decennial census. The bill establishes an initial term for the appointed and elected members by staggering the initial term at two-year, four-year, and six-year intervals. Under the bill, the initial term for appointed members is as follows: three members shall serve a term of two years, three members shall serve a term of four years, and two members shall serve a term of six years. Under the bill, the initial term for elected members is as follows: two members shall serve a term of two years, three members shall serve a term of four years, and three members shall serve a term of six years. The bill provides that the appointed and elected members from each congressional district shall be gender balanced as provided in Code section 69.16A. If the number of congressional districts established following the 2010 federal decennial census is not equal to four, then the procedures set out in the bill are void and the bill is repealed effective June 30, 2012. [3/31: 49-0, Senator Courtney absent] HF 2628 adds “taser” type devices to the definition of a dangerous weapon for criminal code purposes. [4/2: 49-0, Senator Courtney absent] HF 2642 provides that a tax deed is not subject to invalidation if notice was not served on a person entitled to service. Instead, the interest of the person not served with notice simply survives the issuance of the tax deed. The only exception is that a tax deed remains subject to invalidation in the case of failure to serve the owner of record or the person in whose name the parcel is taxed. [3/31: 49-0, Senator Courtney absent] STAFF CONTACT: Jace Mikels |