Senate Democrats

Week 3 Committee Action - January 28, 2009

 

APPROPRIATIONS

EDUCATION

JUDICIARY

LOCAL GOVERNMENT

NATURAL RESOURCES

REBUILD IOWA

STATE GOVERNMENT

WAYS & MEANS

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

HF 64 – Rebuild Iowa Appropriations

           

COMMITTEE & FLOOR ACTION:

           

SF 67 is the first step by the Legislature to build a smarter, stronger and safer Iowa after the 2008 natural disasters.  SSB 1075 is a bipartisan effort and takes into account recommendations made by Governor Culver’s Rebuild Iowa Advisory Commission.  Realizing that state resources are limited, legislators focused their efforts on a few programs rather than spread the funds too thin.  The highest legislative priorities are to return individuals to their homes and to fill in the gaps where federal funding and programs fall short.  The Senate and House Rebuild Iowa Committees will continue to work on legislation addressing the challenges from the 2008 natural disasters.  The Senate and House Rebuild Iowa Committee will be working hard to obtain additional federal resources and will be closely monitoring federal progress during the 2009 session.  SF 67 was referred to the Senate Appropriations Committee, where it was substituted for HF 64.  HF 64 passed the House Jan. 27, 98-0.   Highlights include:

 

Economic Emergency Fund

·        $56 million from the Economic Emergency Fund (EEF) for Rebuild Iowa Efforts. 

o       The EEF is part of Iowa’s Rainy Day Fund, which has a balance of $620.3 million.

o       The current balance of the EEF is $155.1 million. After the enactment of SF 67 the EEF balance will be $99.1 million.

o       After the enactment of SF 67 Iowa’s Rainy Day Fund will have a balance of $564.3 million

 

Jumpstart Plus for Homeowners

  • $24 million to expand the Iowa Jumpstart Housing Program.
  • Eligibility is expanded to homeowners who have a family income of 150 percent of the county median family income.  The current Jumpstart program serves families with 100 percent or less of the area median family income.
  • Assistance is capped at $24,999 per household.
  • Applications are due by Sept. 1, 2009.
  • Eligibility varies by county.  A family of four in Butler, Delaware, or Louisa counties $80,400 would be eligible.  A family of four in Linn County making $101,250 would be eligible.  A family of four in Johnson County making $108,900 would be eligible.           
  • Eligible purposes include forgivable loans for down payment assistance and housing repair or rehabilitation and forgivable loans for interim mortgage assistance.  A homeowner may also receive energy efficiency assistance.  Forgivable loans shall be for a term of not more than 10 years.
  • Grants are distributed through Council of Governments and the entitlement cities.  Up to three percent may be retained for administrative purposes.
  • The $24 million may not fulfill the total need, therefore the funds are to be distributed as follows:
    • Homeowners who received Jumpstart funds.
    • Homeowners who have not received the $24,999 cap.
    • If funds are still available, homeowners may exceed the $24,999 cap if an unmet need exists.  The second round of funds is capped at an additional $24,999 (if unmet need exists).

 

Community Disaster Grants

  • $22 million is appropriated to the Homeland Security & Emergency Management Division of the Dept. of Public Safety for distribution to cities and counties on a pro rata share based on a formula of damage reported to FEMA by Jan. 1, 2009.
  • Every city or county in a presidential disaster area shall receive a base amount of $2,000.
  • Applications are due by April 1, 2009. 
  • Eligible purposes include:
    • Small business assistance
    • Non profit assistance
    • Housing replacement  and rehabilitation incentives
    • Non – FEMA buyouts
    • Public infrastructure needs
    • Increased costs  incurred for property assessment due to disasters
  • Funds may not be used for administrative purposes.

 

Unmet Needs Disaster Grant Program

  • $10 million is appropriated to the Department of Human Services
  • Program is administered by area long-term disaster committees and the disaster recovery case management program established by the Rebuild Iowa Office.
  • Funds are distributed through a reimbursement and/or voucher program.  The Dept. of Human Services is directed to work with the long-term disaster committees to develop a detailed voucher program which provides adequate data.
  • Area long-term disaster committees shall receive up to 3 percent for administrative costs.
  • Grants are capped at $2,500 per household
  • Eligible expenses include unmet needs associated with personal property, home repair, food assistance, mental health assistance, child care, and temporary housing. 
  • Income eligibility is expanded to 300 percent of poverty level.
  • $250,000 is allocated “off the top” to the Dept. of Human Rights for the Individual Development Account State Match Fund.  These funds may be used to assist Individual Development Account holders in presidential disaster areas.

 

 

Rebuild Iowa Office (RIO) Established

·        Rebuild Iowa Office sunsets June 30, 2011.  No appropriation is included in this legislation.

·        Executive Director is appointed by the Governor and confirmed by the Senate.

·        RIO is direct to have at least some staff located in disaster affected areas.

·        For each FTE position authorized for RIO, an equal number of FTE positions shall be reduced in other agencies of the executive branch.

·        RIO is authorized to address recover of future presidential disasters through June 30, 2011, if they occur.

·        Establishes a Coordinating Council to facilitate communication between state agencies and RIO.  The council consists of a representative from:

o       Exec.  Dir.  Of RIO (Chair)

o       Dept. of Economic Development.

o       Iowa Finance Authority

o       Dept. of Human Services

o       Dept of Education

o       Dept. of Cultural Affairs

o       College Student Aid Commission

o       Dept. of Public Health

o       Dept of Workforce Development

o       Dept. of Public Defense, Homeland Security & Emergency Management

o       Board of Regents

o       Dept. of Transportation Of Natural Resources

o       Dept. of Management

o       Dept. of Elder Affairs

o       Dept. of Ag and Land Stewardship

o       Office of Energy Independence

o       Iowa Utilities Board

o       League of Cities

o       Assoc. of Counties

o       Council of Governments

o       Four legislators representing the four caucuses (ex-officio members)

o       All members are not eligible for per diem or expenses

·        RIO is required to submit quarterly reports to the General Assembly and Governor that include:

o       Progress regarding benchmarks, goal, objectives

o       Budget updates, including FTE reports

o       RIO is to submit a “shut-down” plan to Legislature and Governor by Jan. 1, 2011.

·        Benchmarks and goals include but are not limited to:

o       Returning displaced residents to permanent homes

o       Progress on economic restoration, such as opening and reopening of businesses in disaster areas, employment, and sales tax receipts

o       Progress on FEMA and non FEMA buyout decisions

o       Progress on disaster forecasting, watershed management, and floodplain management

o       Measures on the speed of distribution and obligation of federal and state funds for disaster recover.  [1/28: unanimous, without recommendation 1/28:  49-0]

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 9 – Disposition of school property

SSB 1013 – Assisting schools recovering from disaster

 

COMMITTEE ACTION: 

 

SF 9 amends legislation passed last year regarding the procedures school districts must follow when they sell property.  Last year’s legislation imposed a new requirement that all school districts must wait 12 months before transferring property to a new buyer.  This requirement has proven onerous for school districts and has offered little real increase in citizen involvement with school property sales.  To this end, SF 9 strikes the 12-month waiting period and reverts back to 2007 Code language.  [1/28:  Short Form]

 

SSB 1013 amends various school-related sections of the Code to allow for increased flexibility (with oversight) during the time of a disaster.  Provisions include allowing a school district to go to the School Budget Review Committee (SBRC) for additional taxing authority for rebuilding and repairing, allowing the Department of Education to waive statutory obligations if a district can’t reasonably comply due to a disaster, allowing Area Education Agencies to purchase property to replace damaged property after a disaster, and expanding the use of PPEL to include “demolition, clean up, and other disaster-related recover costs” within 24 months after a disaster.  [1/28:  Short Form]

 

 

 

STAFF CONTACT:    Cathy Engel

 

SF 27 – Human Trafficking

SF 15 – Solemnization of Marriages

 

FLOOR ACTION:

 

SF 27 changes the definition of “commercial sexual activity” in the Human Trafficking Chapter (710A) of the Iowa Code from any “sex act” to any “‘sex act or sexually explicit performance’ on behalf of which anything of value is given.”  The intent is to make it easier to bring prosecutions under the Human Trafficking Chapter relating to commercial sexual activity when minors are being exploited through nude dancing at strip clubs.  Because the previous definition was limited to any “sex act,” it was felt that nude dancing by minors could not be prosecuted under this Chapter.  In addition, SF 27 adds children who are victims of human trafficking to the Victims Rights law (Chapter 915).  This change would allow these children to have access to victim services, protection of the child victim’s privacy and the appointment of a guardian ad litem for a child victim/witness. [1/27:  50-0]

 

COMMITTEE ACTION:

 

SF 15, as amended in Committee, provides that retired supreme court justices, retired court of appeals judges and retired district court judges will be statutorily authorized to solemnize marriages.  Current language does not include retired judges in the list of those who are authorized to solemnize marriages. [1/26:  short form]

 

 

 

STAFF CONTACT:    Kerry Wright

 

SF 43 – Property tax abatement fix

SF 45 – Bond Referendum fix

 

COMMITTEE & FLOOR ACTION:

 

SF 43 requires the county board of supervisors having a population between 21,000 to 23,300 to abate or refund the property taxes owed, with all interest, fees and costs, which were due and payable for fiscal years July 1, 2007, and July 1, 2008, on the land and buildings of a religious, literary, or charitable society that acquired the property by gift or purchase and that did not receive a property tax exemption due to the inability or failure to file for the exemption in a timely manner.  It requires the religious, literary, or charitable society to apply to the county board of supervisors by August 1, 2009, to receive the abatement or refund.  The bill is effective upon enactment and applies retroactively to the dates above. [1/26: Short form] [1/27: 50-0]

 

SF 45 modifies the ballot proposition language relating to the issuance of county general obligation bonds to remove the requirement that the total cost of the project be stated on the ballot, in addition to the amount of the bond issuance for which approval is being sought at election.  The bill legalizes and validates the issuance of bonds approved at an election held prior to the effective date of the bill, with respect to the amount of the bond issuance stated on the ballot, if the project cost on the effective date of the bill does not exceed 110 percent of the project cost and to that extent, the bill applies retroactively to date of the election.  A county board of supervisors is required to adopt a resolution stating project compliance and its intention to proceed with the project. Effective upon enactment.  [1/26: Short form] [1/27: 50-0]

 

 

 

STAFF CONTACT:    Jace Mikels

 

SF 3 – establishing a .08 blood alcohol limit for operating motorboat or sailboat

 

FLOOR ACTION:

 

SF 3 changes the blood alcohol content limit for the offense of operating a motorboat or sailboat while intoxicated from .10 to .08.  This mirrors current state law for operating a motor vehicle while intoxicated.  [1/27: 49-1 (Bartz “no”)]

 

 

REBUILD IOWA

 

STAFF CONTACT:    Theresa Kehoe

 

SF 31 – Local Option Sales Tax in Disaster Areas 

SF 67 – Rebuild Iowa Appropriations (see Appropriations Committee report on HF 64)

           

COMMITTEE ACTION

           

SF 31 expedites the election process for cities and counties located in a presidential disaster area that wish to put a local option sales tax on the ballot.  This measure only applies to a city or county that currently does not have a local option sales tax.  The motion to have an election is required to be submitted to the county commissioner of elections by Feb. 3, 2009.  The election would be held on March 3, 2009.  The ballot is required to include a “purpose of distribution statement.”  If approved, the imposition of a local options sales tax would take effect April 1, 2009.  The legislation is not permanent and only pertains to the dates outlined.  SF 31 was referred to the Senate Ways and Means Committee.  The Senate Ways and Means Committee amended SF 31, which is now SF 44.  [1/26: 9-3 (Hamerlinck, Feenstra, Reynolds voting no]

 

SF 67 is the first step by the Legislature to build a smarter, stronger and safer Iowa after the 2008 natural disasters.  SSB 1075 is a bipartisan effort and takes into account recommendations made by Governor Culver’s Rebuild Iowa Advisory Commission.  Realizing that state resources are limited, legislators focused their efforts on a few programs rather than spread the funds too thin.  The highest legislative priorities are to return individuals to their homes and to fill in the gaps where federal funding and programs fall short.  The Senate and House Rebuild Iowa Committees will continue to work on legislation addressing the challenges from the 2008 natural disasters.  The Senate and House Rebuild Iowa Committee will be working hard to obtain additional federal resources and will be closely monitoring federal progress during the 2009 session.  SF 67 was referred to the Senate Appropriations Committee, where it was substituted for HF 64.  HF 64 passed the House Jan. 27, 98-0.   Highlights include:

 

Economic Emergency Fund

·        $56 million from the Economic Emergency Fund (EEF) for Rebuild Iowa Efforts. 

o       The EEF is part of Iowa’s Rainy Day Fund, which has a balance of $620.3 million.

o       The current balance of the EEF is $155.1 million. After the enactment of SF 67 the EEF balance will be $99.1 million.

o       After the enactment of SF 67 Iowa’s Rainy Day Fund will have a balance of $564.3 million

 

Jumpstart Plus for Homeowners

  • $24 million to expand the Iowa Jumpstart Housing Program.
  • Eligibility is expanded to homeowners who have a family income of 150 percent of the county median family income.  The current Jumpstart program serves families with 100 percent or less of the area median family income.
  • Assistance is capped at $24,999 per household.
  • Applications are due by Sept. 1, 2009.
  • Eligibility varies by county.  A family of four in Butler, Delaware, or Louisa counties $80,400 would be eligible.  A family of four in Linn County making $101,250 would be eligible.  A family of four in Johnson County making $108,900 would be eligible.           
  • Eligible purposes include forgivable loans for down payment assistance and housing repair or rehabilitation and forgivable loans for interim mortgage assistance.  A homeowner may also receive energy efficiency assistance.  Forgivable loans shall be for a term of not more than 10 years.
  • Grants are distributed through Council of Governments and the entitlement cities.  Up to three percent may be retained for administrative purposes.
  • The $24 million may not fulfill the total need, therefore the funds are to be distributed as follows:
    • Homeowners who received Jumpstart funds.
    • Homeowners who have not received the $24,999 cap.
    • If funds are still available, homeowners may exceed the $24,999 cap if an unmet need exists.  The second round of funds is capped at an additional $24,999 (if unmet need exists).

 

Community Disaster Grants

  • $22 million is appropriated to the Homeland Security & Emergency Management Division of the Dept. of Public Safety for distribution to cities and counties on a pro rata share based on a formula of damage reported to FEMA by Jan. 1, 2009.
  • Every city or county in a presidential disaster area shall receive a base amount of $2,000.
  • Applications are due by April 1, 2009. 
  • Eligible purposes include:
    • Small business assistance
    • Non profit assistance
    • Housing replacement  and rehabilitation incentives
    • Non – FEMA buyouts
    • Public infrastructure needs
    • Increased costs  incurred for property assessment due to disasters
  • Funds may not be used for administrative purposes.

 

Unmet Needs Disaster Grant Program

  • $10 million is appropriated to the Department of Human Services
  • Program is administered by area long-term disaster committees and the disaster recovery case management program established by the Rebuild Iowa Office.
  • Funds are distributed through a reimbursement and/or voucher program.  The Dept. of Human Services is directed to work with the long-term disaster committees to develop a detailed voucher program which provides adequate data.
  • Area long-term disaster committees shall receive up to 3 percent for administrative costs.
  • Grants are capped at $2,500 per household
  • Eligible expenses include unmet needs associated with personal property, home repair, food assistance, mental health assistance, child care, and temporary housing. 
  • Income eligibility is expanded to 300 percent of poverty level.
  • $250,000 is allocated “off the top” to the Dept. of Human Rights for the Individual Development Account State Match Fund.  These funds may be used to assist Individual Development Account holders in presidential disaster areas.

 

Rebuild Iowa Office (RIO) Established

·        Rebuild Iowa Office sunsets June 30, 2011.  No appropriation is included in this legislation.

·        Executive Director is appointed by the Governor and confirmed by the Senate.

·        RIO is direct to have at least some staff located in disaster affected areas.

·        For each FTE position authorized for RIO, an equal number of FTE positions shall be reduced in other agencies of the executive branch.

·        RIO is authorized to address recover of future presidential disasters through June 30, 2011, if they occur.

·        Establishes a Coordinating Council to facilitate communication between state agencies and RIO.  The council consists of a representative from:

o       Exec.  Dir.  Of RIO (Chair)

o       Dept. of Economic Development.

o       Iowa Finance Authority

o       Dept. of Human Services

o       Dept of Education

o       Dept. of Cultural Affairs

o       College Student Aid Commission

o       Dept. of Public Health

o       Dept of Workforce Development

o       Dept. of Public Defense, Homeland Security & Emergency Management

o       Board of Regents

o       Dept. of Transportation Of Natural Resources

o       Dept. of Management

o       Dept. of Elder Affairs

o       Dept. of Ag and Land Stewardship

o       Office of Energy Independence

o       Iowa Utilities Board

o       League of Cities

o       Assoc. of Counties

o       Council of Governments

o       Four legislators representing the four caucuses (ex-officio members)

o       All members are not eligible for per diem or expenses

·        RIO is required to submit quarterly reports to the General Assembly and Governor that include:

o       Progress regarding benchmarks, goal, objectives

o       Budget updates, including FTE reports

o       RIO is to submit a “shut-down” plan to Legislature and Governor by Jan. 1, 2011.

·        Benchmarks and goals include but are not limited to:

o       Returning displaced residents to permanent homes

o       Progress on economic restoration, such as opening and reopening of businesses in disaster areas, employment, and sales tax receipts

o       Progress on FEMA and non FEMA buyout decisions

o       Progress on disaster forecasting, watershed management, and floodplain management

o       Measures on the speed of distribution and obligation of federal and state funds for disaster recover.  [1/27: 13-0]

 

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

SF 49 – Campaign Technical Corrections

SF 50 – Use of Campaign Funds

SF 51 – Electronic Filing

SF 52 – Ethics/Lobbying Updates

           

COMMITTEE ACTION

           

SF 49 is proposed by the Iowa Ethics and Campaign Disclosure Board and makes these technical cleanup amendments to the campaign laws:  

  • Section 1 alerts the public and regulated community that the campaign laws in Chapter 68A are administered by the Board pursuant to statutory provisions in Chapter 68B.  This will remove confusion concerning administration of the Chapter.   
  • Section 2 makes it expressly clear that candidates may not use campaign funds to make contributions to other candidates including in-kind contributions.  This removes any potential confusion, especially on the use of candidate campaign funds and in-kind contributions.
  • Section 3 inserts “person” for “individual or “political committee” for purposes of the prohibition on transferring campaign funds between certain types of committees.  “Person” is all encompassing and closes a loophole.
  • Section 4 cross-references the two statutes that govern when and how campaign disclosure reports are to be filed. 
  • Section 5 clarifies that Schedule G of a campaign report is to capture information concerning campaign expenditures to both consultants and subvendors.  This resolves confusion concerning when a person is a “consultant” or is a “subvendor” for purposes of campaign disclosure.
  • Section 6 clarifies that an independent expenditure statement is not required by a federal or an out-of-state committee making an independent expenditure for or against Iowa candidates or ballot issues (this information is already captured on the federal/out-of-state campaign reports). 
  • Section 7 clarifies that corporations may place campaign signs on its property as permitted under the campaign sign statute.  This resolves a conflict in the wording of two campaign laws.   [1/26: short form]                  

 

SF 50 is proposed by the Iowa Ethics and Campaign Disclosure Board.  The bill prohibits the use of candidate campaign funds to pay the candidate or the candidate's spouse or dependent child compensation for campaign related purposes.  To do so creates a major loophole in the campaign laws and renders the other prohibitions on the use of candidate campaign funds moot.  The reimbursement of expenses related to the campaign would still be permissible. Similar legislation passed the Senate in 2008 on a 47-2 vote.  [1/26: short form]

 

SF 51 is proposed by the Iowa Ethics and Campaign Disclosure Board.  The bill would require the state parties and state PACs to file their reports electronically via the Board's Web site starting May 1, 2010 (this gives them a couple of reporting periods to become comfortable with the new system).  Fifty percent of the parties and PACs currently file electronically.

 [1/26: short form]

 

SF 52 is proposed by the Iowa Ethics and Campaign Disclosure Board and is for amendments to the ethics/lobbying laws in Chapter 68B as follows: 

  • Sections 1 and 2 remove general references to “unacceptable” conflicts of interest and clarifies that in impermissible conflict of interest only exists as set out by the statute or rules established by the General Assembly (for the legislative branch) and by the Ethics Board (for the executive branch).   
  • Section 3 clarifies the prohibitions on accepting employment for two years after leaving state government.  The proposals would permit former state officials and employees to appear before their former agencies but would prohibit the receipt of compensation for two years for doing work on any case, proceeding, or application that they worked on as part of state government.  The proposal also clarifies the prohibition on someone who served on a board or commission of a “regulatory agency” of the executive branch from accepting employment with the agency for two years or from receiving compensation for doing work on any case, proceeding, or application that they worked on as part of state employment.
  • Section 4 clarifies that complaints concerning alleged violations of Chapter 68B by local officials or employees are sent to the county attorney except when the complaint alleges a violation of the lobbying laws (complaints concerning the lobbying laws are already required by other laws to be filed with the General Assembly or the Ethics Board as appropriate).
  • Section 5 removes a requirement for when a Personal Financial Disclosure Statement is to be filed by certain candidates for office as both the General Assembly and the Ethics Board already have statutory authority to draft rules on when such statements are to be filed and such administrative rules exist.
  • Section 6 is a Code Editor directive to renumber two statutes and to amend the titles of two other statutes.  This helps reorganize Chapter 68B to make it easier to read and understand.  [1/26: short form]

 

 

 

STAFF CONTACT:    Kris Bell

 

SF 44 – Expedited Local Option Sales and Services Tax for Disaster Areas

 

COMMITTEE & FLOOR ACTION:

 

SF 44 (formerly SSB 1065 and SF 31) was referred from the Rebuild Iowa Committee. 

It allows some Iowa cities that were declared Presidential Disaster Areas that do not currently have a local option sales tax, to more quickly pass a local option sales and services tax by allowing a one-time opportunity for an expedited schedule. The ballot is required to include a “purpose of distribution statement.” 

 

The bill offers two alternative timelines:

 

Motion           

Publish

Election          

Effective

February 3

February 8

March 3

April 1

March 10

March 15

May 5 

July 1

 

 

Without this bill, it would take a city until next January to hold an election and start collecting the money.  The bill is session-law only and makes no permanent changes to the local option sales and services tax provisions.   [1/26 Committee: 11-6 (Bartz, Feenstra, Hamerlinck, Houser, Ward, Zaun - No)]   [1/27 Floor:  32-18 (Bartz, Behn, Boettger, Feenstra, Hahn, Hamerlinck, Hartsuch, Houser, Johnson, Kapucian, Kettering, McKinley, Noble, Reynolds, Seymour, Ward, Wieck, Zaun - No)]