Senate Democrats

Week 5 Committee Action - February 11, 2009

 

COMMERCE

ECONOMIC GROWTH

HUMAN RESOURCES

JUDICIARY

LABOR & BUSINESS RELATIONS

VETERANS AFFAIRS

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SSB 1076 – Credit Union Division complaint response process

 

COMMITTEE ACTION:

 

SSB 1076 is a recommendation by the Credit Union Division of the Department of Commerce. It establishes a complaint response process pursuant to administrative rule by the State Superintendent of Credit Unions.  The process must include complaint intake, preliminary informal and formal investigation procedures, complaint dismissal procedures, and remedial sanctions through an administrative resolution procedure or a contested case hearing.

 

The bill specifies information obtained in the course of the process which must be kept confidential (e.g., Social Security number, residential address), and information which the Superintendent may choose to keep confidential if disclosure is not otherwise required by law.  Information relating to the identity of the complainant may be disclosed to the subject (or authorized agent) of the complaint if the Superintendent has notified the complainant in advance of the disclosure.  

 

Disclosure or release of information by the Superintendent in the course of an administrative or judicial proceeding will not constitute a violation of the bill's provisions. It authorizes disclosure of information which is otherwise confidential if determined by the Superintendent to be in the public interest.  The Superintendent may share such information with other regulatory authorities or government agencies and publish information concerning a complaint if it is determined a violation of federal or state law or administrative rule has occurred (subject to redaction to protect personally identifiable information). The bill makes conforming changes to Iowa Code Chapter 22 relating to confidential records. A companion bill, HF180, passed the House 95-0. [2/10: short form]

 

 

 

STAFF CONTACT:    Sue Monahan

 

SF 82 – Adding four nonvoting members to Workforce Development Board

SSB 1125 -- Changes to relating to the Iowa Department Economic Development and creating a Innovation and Commercialization Fund

 

FLOOR ACTION: 

 

SF 82 adds four ex officio, non-voting members to the Iowa Workforce Development Board, raising the total number of non-voting members to 12.  The new four members include a representative from the vocational rehabilitation community; a representative from the Department of Education; a representative is from the Department of Economic Development; and a representative from the United States Department of Labor, Office of Apprenticeship. [2/10:  49-0, Hatch “excused”]

 

COMMITTEE ACTION:

 

SSB 1125 makes changes relating to the Iowa Department of Economic Development (IDED). The bill does the following:

 

Division I – Innovation and Commercialization Fund

·        HF 829 passed in the 2007 session codified the functions of the Battelle reports concerning biosciences, information technology and advanced manufacturing and provided funding for activities to increase these industries in Iowa. 

·        A total of 11 different line-item appropriations were contained in HF 829 – IDED is asking to combine those 11 line-item appropriations into one fund to provide for more flexibility in managing these activities.  Some of these  activities include: 

o       Internship opportunities for targeted industries

o       Career awareness activities

o       Prototype development

o       Developing a state-wide commercialization network

o       Asset mapping and supply chain initiatives

o       Information Technology training

o       Funding student competitions

o       Total funding for this is $6.9M from three different sources of funding

 

Division II – Tax Credits for 3rd Party Developers

o       3rd party developers that are eligible for tax credits must first submit a form to IDED before sending the same form on to the Dept. of Revenue. 

o       IDED adds no value to this process and the Dept. of Revenue agrees that IDED should be removed from this process

Division III – Appropriations

o       This division allows the Jump Start funding to carry forward into the next fiscal year if it is not expended by the end of FY09. This is under the Administrative Division of Department. This is reversion language is repeated in both the Business Development Division and the Community Development Division in IDED’s budget bill.

o       This division allows the Targeted Small Business supplemental appropriation from the FY07 session to carry forward through FY10 in order to continue to operate the program until the funding is gone.

Division IV – Strategic Plan

o       Last session, the IDED consolidated its reporting to the Legislature and cleaned up language in the Code that was obsolete.  The strategic plan item is a clean up item that was forgotten last year. This is being removed becomes Iowa Code Chapter 8E now requires all state agencies to develop strategic plans. [2/10:  short form, Hatch, Reynolds “excused”]

 

 

STAFF CONTACT:    Kris Bell

 

SF 101 –  Shaken Baby Syndrome Prevention

SSB 1092 –  Physician Assistants Professional Corporations

SSB 1104 –  DHS Foster Care and Adoption

 

FLOOR ACTION: 

 

SF 101 seeks to prevent shaken baby syndrome, which is by far the leading cause of young child homicides. The bill addresses the challenges and stresses that parents and others face in caring for very young children.  It requires the Iowa Department of Public Health to establish a statewide prevention program to educate parents and others caring for children about the dangers caused by shaken baby syndrome. Participation in the program is voluntary for parents and other caregivers.  The bill requires development of a plan, and the program will be implemented when an appropriation or other funding is identified. The plan will describe education and support strategies to prevent shaken baby syndrome and identify multimedia resources and written materials to assist in that effort.  [2/10: 49-0 (Hatch excused)]

 

COMMITTEE ACTION:

 

SSB 1092 allows physician assistants and nurse practitioners to form professional corporations and professional limited liability companies.  It also allows doctors, surgeons, physician assistants and nurse practitioners to jointly form professional corporations and limited liability companies.  [2/11: short form (Hartsuch “no”; Hatch excused)]

 

SSB 1104 conforms to the federal Fostering Connections to Success and Increased Adoption Act of 2008 (H.R. 6893) enacted on October 7, 2008.  It strengthens transition planning for children in foster care to ensure a more successful transition to adulthood.  It also strengthens education stability, seeking to improve educational outcomes for children in foster care.  It also strengthens permanency for children in foster care by requiring due diligence by DHS to find and contact the kin of a child removed from the custody of their parents.  [2/11: short form (Hatch excused)]

 

 

 

STAFF CONTACT:    Cathy Engel

 

SF 96– Civil Rights Commission Subpoena Power

SF 108 – Membership of Interoperability Board

SSB 1083 – Special Charter Cities

SSB 1141 – E911 Emergency Services

 

FLOOR ACTION:

 

SF 96 expands the subpoena power of the Civil Rights Commission.  It gives the

Commission the authority to issue subpoenas in all cases that it is investigating, not only housing or real property cases.  This will allow the Commission to potentially resolve or dispose of a case without the necessity of going to hearing. [2/10:  31-18, Hatch excused]

 

SF 108 changes how members are appointed to the Interoperability Board and in the membership of the Board.  The nominations for certain voting membership positions on the Board appointed by the governor will be submitted to the governor by volunteer and professional organizations.  In addition, the bill adds four members of the General Assembly to serve on the board as ex officio, nonvoting members. The bill also requires that one of the board representatives from fire departments shall be a volunteer firefighter. [2/10:  49-0, Hatch excused]

 

COMMITTEE ACTION:

 

SSB 1083 eliminates the requirement that a notice of a claim against a special charter city for personal injury or damage to property resulting from defective streets or sidewalks or from any cause originating in the neglect or  failure of any municipal corporation or its officers to  perform their duties be presented to the city council or filed with the city clerk within 30 days after the injury or damage  in order to sustain a tort action against the special charter city. 

 

The bill also eliminates the requirement that a notice of any unliquidated damage claim against a special charter city be filed with the city clerk or recorder 30 days before a lawsuit is filed against a special charter city.  The elimination of these notice of claim requirements are consistent with the elimination of the notice of claim requirement relating to tort claims against a municipality enacted in 2007 Iowa Acts, chapter 110, section 5 (S.F. 384).  The bill specifies that all such actions against a special charter city must be brought within two years of the alleged injury or damage. [2/11:  short form]

 

SSB 1141 concerns the authorized use of local exchange service information (e.g., your telephone information) provided by a local exchange service provider.  Current law provides that an E911 program manager, joint E911 service board, designated E911 service provider, and a public safety answering point, their agents, employees, and assigns shall use local exchange service information provided by the local exchange service provider solely for the purposes of providing E911 emergency telephone service.

 

Otherwise, current law provides that such information shall be kept confidential.  The bill modifies this provision to permit local exchange service information to be utilized by such individuals or entities to provide services related to the provision of E911 emergency telephone service.  The bill provides that the related services would be provided to a subscriber utilizing only that subscriber's information and with the subscriber’s consent. [2/11:  short form]

 

 

 

STAFF CONTACT:    Sue Monahan

 

SSB 1119 – Choice of Doctor

 

COMMITTEE ACTION: 

 

SSB 1119 relates to the choice of physician to treat an injured employee under the state’s workers’ compensation laws. The bill allows the employer to choose care unless the employee has pre-designated a physician.

 

An exception to the employee’s right to choose the care would take place if the care needs to be provided at the job site in response to a life-threatening emergency.

 

A pre-designated physician is someone who is a primary care provider, who has retained the employee’s medical record, to provide treatment for the injury. In addition, the bill states that a physician chosen by an injured employee to provide treatment is authorized to arrange for any consultation, surgical consultation, referral, emergency care, or other specialized medical services as the physician deems necessary to treat the injury.

 

Upon hire and periodically during the employment, the employer shall provide written notice to all employees who have not yet pre-designated a physician of their rights.  The Workers’ Compensation Commissioner will by rule set the procedure for the written notice.

 

The bill continues the current practice of alternative care requests and hearings. If the employer has chosen the care and the employee is dissatisfied, the employee can request (in writing) for alternative care. If the employer and employee cannot agree for alternative care then a hearing (upon application) will be held by the workers’ compensation commissioner. The reverse is true when the employee chooses the care. The effective date is January 1, 2010, and applies to injuries occurring on and after that date. [2/11: 6-4, Hatch “excused”]

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SSB 1146 – County Commissions of Veteran Affairs Fund, service requirements 

 

COMMITTEE ACTION:

 

SSB 1146, which was recommended by the Iowa Department of Veterans Affairs, makes adjustments relating to administration of the County Commissions of Veteran Affairs Fund and the hours of service requirement for county commission of veteran affairs executive directors and administrators, which go into effect July 1, 2009.

 

The bill provides that money received by a county from the Fund may be used to provide veterans' services rather than only for the employment of an executive director or an administrator.  It also provides that if a county fails to be in compliance with Iowa Code section 35B.6 requirements on June 30 of any fiscal year, all moneys received by the county from the Fund during that fiscal year must be reimbursed.  Money distributed from the Fund must be used to supplement, not supplant, any existing funding provided by the county or received by the county from any other source.

 

The bill also adjusts the hours of service requirement for executive directors and administrators who are being shared by multiple counties.  Instead of allocating the hours of service among the counties based on population, the bill requires each county to meet the hours of service requirement.   [2/10: short form]