Senate Democrats

Week 7 Committee Action – Feb. 25, 2009

 

AGRICULTURE

COMMERCE

ECONOMIC GROWTH

EDUCATION

ENVIRONMENT & ENERGY INDEPENDENCE

HUMAN RESOURCES

JUDICIARY

LABOR & BUSINESS RELATIONS

LOCAL GOVERNMENT

STATE GOVERNMENT

TRANSPORTATION

WAYS & MEANS

 

 

 

 

STAFF CONTACT:    Kerry Wright

 

SF 4 – Local watershed improvement grants

 

COMMITTEE ACTION:

 

SF 4 amends chapter 466A, which provides for a watershed improvement fund to enhance water quality in the state through a variety of impairment-based, locally directed watershed improvement grant projects.  It increases the period of use for the awards from three to five years. During those five years, the board may extend the period of use for an additional five years. [2/25: Short form (Kapucian “absent”)]

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 63 – Claims of adverse possession concerning pioneer cemeteries

 

COMMITTEE ACTION:

 

SF 63 exempts a pioneer cemetery from seizure, appropriation, or acquisition of title under a claim of adverse possession unless it is shown that all remains in the pioneer cemetery have been disinterred and moved to another location.  The Committee unanimously voted to amend the original proposal so that the exemption applies only to pioneer cemeteries.    [2/24: short form]

 

 

 

STAFF CONTACT:    Sue Monahan

 

SF 114 – Historic Preservation Grants

SF 206/SSB 1176 – Film Tax Credits

SF 207/SSB 1165 – Various Changes to the Iowa Finance Authority

SSB 1087 – Web Search Portal and Data Centers

 

FLOOR ACTION: 

 

SF 114 allows the Department of Cultural Affairs to award more than two historic preservation grants in the same county.  The bill limits the total amount of grants made in a county to $200,000 during the same round of grant reviews, rather than limiting the total number of grants made in a county as provided by current law. The bill takes effect upon enactment. [2/18:  47-1 (Behn “no”) (Houser, Bartz “excused”)]

 

COMMITTEE ACTION: 

 

SF 206/SSB 1176 relates to the eligibility for tax credits for qualified expenditures and deduction from income received from qualified expenditures under the film, television, and video project promotion program.  The bill allows up to $1 million in compensation for directors, producers, and principal cast members to be counted as qualified expenditures if the person is an Iowa resident or Iowa-based business. In addition, the bill makes changes to the Iowa vendor income tax exclusion. Instead of 100 percent income exclusion in the year that it is earned, it is changed to 25 percent per year over four years.

 

An amendment was adopted, which allows the film office at the Department of Economic Development to administer a fee for projects for registering.  In addition, the bill’s applicability date was retroactive, the amendment changes the applicability date to July 1, 2009.  [2/19:  short form (Houser, Wieck “excused”)]

 

SF 207/SSB 1165 makes various changes to the Iowa Finance Authority (IFA). The bill amends various bonding sections of Chapter 16 for IFA to conform state law to federal law. The bill expands IFA’s ability and flexibility to issue bonds for all of the allowable instances in the Internal Revenue Code.  Under federal law, IFA’s Midwest Disaster Area boding capacity could be used to help rebuild retail facilities, restaurants and banks in disaster affected counties, but current state law would not make this possible.

 

In addition, the bill provides that neither members of IFA, no personas acting on behalf of the authority are subject to personal liability resulting from carrying out the powers and duties in Code Chapter 16. In 2007 there was a rewrite of Chapter 16 and this section was inadvertently removed (previous Code section was 16.32 in 2007). 

 

The bill also allows the executive director of IFA to set up administrative division with the authority, as a means of efficiently carrying out its mission. In addition, the bill removes language that applies to the Iowa Council on Homelessness. The language requires the Council to perform, as a party of a study, tasks that are not within the scope of the Councils’ ability and do relate to homelessness.

 

In committee, an amendment was adopted. The amendment amends the State Housing Trust fund to provide incentives for more parts of the state to establish local housing trust funds. The amendment says that local housing trust funds shall receive at least 60 percent of the money in the State Housing Trust Fund. In addition the amendment eliminated the prohibition of projects located in areas with local hosing trust funds from receiving funding from the State Housing Trust fund.  [2/19:  short form (Houser, Wieck “excused”]

 

SSB 1087 relates to sales, use, and property tax exemptions and refunds for web search portal businesses. In committee, a “strike all” amendment was adopted. As amended, the bill creates incentives for data center businesses modeled on existing incentives for web-search portals and IT facilities. The bill provides a graduated scale of incentives based on the relative size of the investment a business makes in the state:

  • Large investments on the scale of a Microsoft or Google qualify for similar incentives: a full sales tax exemption and a property tax exemption on equipment and electricity. The exemption is now available for a "data center business" instead of the more narrowly focused "web search portal business," but the minimum investment amount remains $200 million.
  • Medium sized investments qualify for a 50 percent sales tax refund on equipment and electricity. The refunds are available for a limited period of time, the time period varying based on the size of the investment.
  • Smaller investments also qualify for a 50 percent refund, but the refund doesn't include equipment. Smaller investments are only eligible for 5 years of refunds, but the minimum investment is $1 million.

 

Businesses of all investment levels have to meet the sustainable design standards established by the state building code commissioner, but the LEED requirements are eliminated.  [2/23: short form]

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 81 – Disaster relief authority for schools

SF 217 – Categorical State Allowable Growth

SF 218 – General Allowable Growth

SSB 1207 – Postsecondary school registration

HF 233 – Disposition of school property

 

FLOOR AND COMMITTEE ACTION:

 

SF 217/SSB 2047 establishes a 2 percent growth rate for the Categorical State Allowable Growth program.  Last year the Legislature incorporated three key program costs into a funding formula we call “Categorical Allowable Growth.”  This legislation made these funds permanent and for the first time this year, the Legislature will provide for a 2 percent growth factor for teacher quality, professional development and early intervention/class-size reduction.  [2/24:  32-18 (party line); 2/23:  Short Form (Boettger “no”)]

 

SF 218/SSB 2046 sets a State Allowable Growth rate of 2 percent, which is part of a package of education policies that will provide a down payment on increased student achievement and a controlled budget for school districts.  This basic school funding is an increase of $115 per pupil and establishes a total state cost per pupil of $5,883.  [2/24: 32-18 (party line); 2/23: Short Form (Boettger, Hamerlink, Feenstra, Johnson, McKinley “no”)]

 

FLOOR ACTION:

 

SF 81 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 the Physical Plant and Equipment Levy (PPEL) to include “demolition, clean up, and other disaster-related recover costs” within 24 months of a disaster.  A floor amendment clarifies these actions for disaster-related periods and that the State Board of Education or their designee must sign off on these new authorities.  [2/25:  36-13 (Behn, Feenstra, Hahn, Hamerlinck, Hartsuch, Houser, Johnson, Kettering, McKinley, Reynolds, Ward, Wieck, Zaun)]

 

COMMITTEE ACTION: 

 

SSB 1207 transfers the authority to register postsecondary schools from the Secretary of State’s office to the Student Aid Commission.  The Student Aid Commission currently does all of the administrative work on these registrations and it makes sense for them to have the registration and oversight responsibilities.  The Secretary of State’s office approves this change.  [2/25:  Short Form]

 

HF 233 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.  HF 233 is similar to SF 9, which passed unanimously.  The House added an amendment that would provide for a 10-day petition by the people.  This provision was in original 2007 Code as well.  HF 233 strikes the 12-month waiting period, provides for a petition process and reverts back to 2007 Code language.  [2/25:  Short Form]

 

 

ENVIRONMENT & ENERGY INDEPENDENCE

 

STAFF CONTACT:    Jace Mikels

 

SF 46 – Posting of signs at discharge points

SF 175 – Sales tax exemption for environmental test laboratory services

SF 208 – Programs offered by propane education and research council

SF 216 – Wind energy production tax credit

HF 281 – Clean water and drinking water revolving loan funds

 

COMMITTEE ACTION: 

 

SF 46, as amended by the committee, would require holders of National Pollutant Discharge Elimination System (NPDES) permits to post a sign at the point of discharge of wastewater that would identify the holder of the permit associated with that discharge point.  The sign would also include the web site address of an internet page operated by the Department of Natural Resources (DNR) where individuals can find more information about the permit.  NPDES permit holders that do not have a discharge point are excluded from the posting requirement.  Other permit holders would be able to obtain a waiver from the DNR from the posting requirement if they can show evidence of a security concern that may arise by posting the location of the discharge point from their facility.  [2/24: short form (Behn, Hancock, Reynolds, and Ward “no”)]

 

SF 175 provides a sales tax exemption for the sales price of environmental test laboratory services.  [2/19: short form]

 

SF 208 authorizes the annual assessment of a one-tenth of a cent per gallon of odorized propane to be used by the Propane Education and Research Council to fund an energy efficiency and weatherization program for propane users.  Since propane users do not get their services from a rate-regulated utility, they do not have access to energy efficiency programs offered by those utilities.  This would allow propane customers some access to energy efficiency programs, so that they could reduce their energy consumption. 

 

The bill also changes the responsibility for appointing members to the propane education and research council from the governor to the state fire marshal.  This council was created by legislation in 2007 to develop programs to promote the safety of propane employees and customers, and the safe and efficient installation of propane utilization equipment.  [2/19: short form (Behn “no”)]

 

SF 216 makes changes to the wind energy production tax credit under 476B.  Currently, wind energy producers who want to use this credit must not claim the special property valuation for wind energy conversion property under 427B.26 or the sales tax exemption for wind energy conversion property.  The bill would allow a producer to claim the production tax credit while still being eligible to use the special property valuation and the sales tax exemption.  [2/19: short form]

 

HF 281 is a technical clean-up bill regarding the state’s clean water and drinking water revolving loan funds.  The Department of Natural Resources and the Iowa Finance Authority jointly administer these financing programs.  [2/24: short form]

 

 

 

STAFF CONTACT:    Kris Bell

 

SF 38 – IowaCare transfer procedures

SSB 1160 – Department of Elder Affairs technical bill

SSB 1180 – Identifying Veterans in Assisted Living

SSB 1200 – Psychiatric Medical Institutions for Children

HF 122 – Board of Pharmacy – Drug Prescribing Information

 

COMMITTEE ACTION:

 

SF 38 sets up a process and a fund for non-participating providers for IowaCare patients who are too medically frail to move to an IowaCare provider or when the IowaCare provider is not able to accept the patients.  Currently, the non-participating provider receives no compensation for the IowaCare member.  The fund is established but the process will not be implemented until resources are identified.  [2/23:  short form]

 

SSB 1160 makes various technical changes to the Department of Elder Affairs Code Chapters.  The changes clarify responsibilities for certain programs, modernize Code language, and conform to references used in the federal Older Americans Act.  The name of the Department is changed to the Department of Aging.  [2/19:  short form]

 

SSB 1180 requires assisted living programs that receive reimbursement through Medicaid to assist the Department of Veterans Affairs in identifying the tenant’s eligibility for benefits through the U.S Department of Veterans Affairs.  [2/19:  short form]

 

SSB 1200 changes the reimbursement methodology for Psychiatric Medical Institutions for Children (PMICs).  The current methodology sets a per diem rate which has constrained PMIC providers in their ability to accept and treat children with intensive needs.  The bill sets up a higher interim rate and directs the Department of Human Services to work with providers to develop an acuity-based methodology.  The bill also sets up a process to measure performance outcomes in the future.  [2/23:  short form]

 

HF 122 conforms to federal reporting requirements for precursor substances and extends an information program for drug prescribing and dispensing.  The Board of Pharmacy has established and just begun to administer a database and this bill extends the program by two years until June 30, 2011.  This purpose of the database is to improve health care and it is not intended for law enforcement purposes.  [2/19:  short form]

 

 

 

STAFF CONTACT:    Cathy Engel

 

SF 104 – Electronic Tracking of Pseudoephedrine

SF 113 – Post Secondary Education Subsidies

SF 124 - Reserve Peace Officers

SSB 1078 – Courts Bill Relating to Appointment of Judicial Officers

SSB 1098 – Magistrate Appointing Commissions

SSB 1171 – Simple Misdemeanors, magistrate jurisdiction

 

FLOOR ACTION:

 

SF 113 provides that a parent may be ordered to provide a postsecondary education subsidy up to one third of the cost of the post secondary education for a child up to age 22  if the parents of the child were never married to one another.  Currently, courts are allowed to order a postsecondary education subsidy for children of parents who were married but are divorcing. [2/19: 41-7]

 

COMMITTEE ACTION:

 

SF 104, as amended in committee, provides for electronic tracking of pseudoephedrine containing products from pharmacies.  It requires the purchaser of a pseudoephedrine product from a pharmacy to sign an electronic logbook.  Current law requires identification and signature in a logbook that is not electronic.  If an electronic logbook is unavailable, the pharmacy will be required to keep an alternative record that complies with rules adopted by the governor’s office of drug control policy and the state board of pharmacy.  The electronic tracking of pseudoephedrine containing products will allow law enforcement to track in real time, purchases of pseudoephedrine products that exceed the legal amount in the specified period of time by an individual.    This legislation is only implemented upon receipt of a federal grant.  [2/23:  short form, Quirmbach “no”]

 

SF 124 provides that a traffic accident involving operation of a motor vehicle by a reserve peace officer shall be reported to the Department of Transportation by the reserve peace officer’s employer, but the employer will certify to the Department whether the accident occurred in the line of duty while operating an official government vehicle. [2/25:  short form]

 

SSB 1078, as amended in committee, allows the chief justice to delay notification to the judicial nominating commission of a vacancy in a judgeship for up to 180 days for budgetary reasons.  In addition, the bill requires that only attorneys can be magistrates.  However, it grandfathers those non-attorney magistrates who are holding office as of April 1, 2009, and allows them to continue to apply to be a magistrate and serve as a magistrate until they retire.  The bill consolidates the applications process for district associate judges, associate juvenile judges, and associate probate judges in Chapter 46 with the nominating process for district judges.  It also places the nominating process for associate district judges, associate probate judges and associate juvenile judges with the judicial district nominating commissions.  Currently, the applications are made to the county magistrate appointing commissions.  In addition, if a vacancy occurs in any district judge, district associate judge, associate juvenile judge, or associate probate judge position, the chief justice may apportion the vacant office from one judicial district to another upon a finding of a substantial disparity in workloads between judicial election districts.  This section sunsets after five years. The bill specifies that retirement age for senior judges is 78, subject to reappointment as a senior judge for two additional one-year terms.  Currently appointment past age 78 is for an additional 2-year term.   [2/25:  short form]

 

SSB 1098, as amended in committee, allows county attorneys to be elected to county magistrate appointing commissions and permits a board of supervisors to appoint an active law enforcement officer to the county magistrate appointing commission.  [2/23:  short form]

 

SSB 1171 specifies that certain violations are simple misdemeanors and clarifies that certain Code sections are not charging sections for the purposes of law enforcement (i.e., 321.236).  In addition, this bill specifies that violations of posted speed limits are scheduled violations and that operating an implement of husbandry in excess of 35 miles per hour is a simple misdemeanor.   The bill clarifies that magistrates have jurisdiction over all simple misdemeanors, regardless of a potential fine amount for the offense. [2/25:  short form]

 

 

 

STAFF CONTACT:    Sue Foecke

 

SSB 1106 – Penalty Benefits in Workers’ Compensation Cases

 

COMMITTEE ACTION: 

 

SSB 1106 reinforces the authority of the Workers’ Compensation Commissioner to impose penalties when an insurance carrier unreasonably denies, delays or terminates indemnity benefits. The bill sets three requirements that insurance carriers must satisfy to avoid penalties when the carrier denies, delays or terminates the indemnity benefits:

1.      They must conduct a reasonable investigation and evaluation into whether benefits were owed to the employee.

2.      They must demonstrate that the results of the reasonable investigation and evaluation were the actual basis upon which (they) contemporaneously relied to deny/delay/terminate benefits.

3.      They must convey the basis for any decision to deny/delay/terminate benefits to the employee in writing at the actual time of the decision.

The bill does not increase the penalty that may be levied against the insurance carriers. It also does not prevent an ongoing investigation by the carrier.  [2/25: 7-3 (Ward, Wieck, Zaun “no”)]

 

 

 

STAFF CONTACT:    Kerry Wright

 

SSB 1188 – Publication of Property Equalization Orders

SSB 1218 – Balanced Boards and Commissions

SSB 1219 – Recorder Clean up

SSB 1245 – Certified Retirement Communities

 

COMMITTEE ACTION:

 

SSB 1188 requires the notice of an equalization order published by the county auditor contain a statement indicating that an affected property owner or taxpayer may protest the application of the equalization order by filing an appeal with the local board of review between October 16 and October 25, which is the current time period for filing an appeal.   [2/25: Short form (Kapucian “absent”)]

 

SSB 1218 encourages the membership of appointed boards, commissions, committees, and councils of political subdivisions to be open to all members of the community on the basis of their qualifications and without bias or preference toward gender, race, religion, national origin, disability, sexual orientation.  It also requires counties, cities and school districts to approve a written report in 2010 and every three years, listing the total number of members, and the number of men and women members as of that year, for each applicable appointive board of that county, city or school district and made available to the public. [2/25: Short form (Kapucian “absent”)]

 

SSB 1219 addresses several obscure and outdated code sections which still refer to indexing and maintaining records in the recorders’ offices in books.  All recorders maintain their records in an electronic format and no longer keep records in books.  These sections have been standardized to reflect the manner in which data is now kept in the electronic indexes.   [2/25: Short form (Kapucian “absent”)]

 

SSB 1245 establishes a certified retirement communities program within the Department of Elder Affairs for the recognition and promotion of communities in Iowa that made themselves attractive destinations for retirees.  The purpose of the program is to encourage retirees to make their home in Iowa, help communities promote and market themselves as retirement destinations for retirees, and assist economic development and tourism. [2/25: Short form (Kapucian “absent”)]

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

SF 115 – Licensing of Recreational Therapists

SF 181 – Campaign Finance Limits

SF 224 – Licensing of Plumbers

SF 225 – Purchase of Service Credit

SF 226 – Presumption of Cancer for Disability/Death Benefits – Fire Fighters

SF 227 – National Popular Vote 

SF 245 – Licensing of Installation of Fire Protection Systems  

SSB 1123 – Technical Corrections to Election and Voter Registration Laws

SSB 1166 – Deferred Retirement Option Plan (DROP)

SSB 1231 – Open Records  

SSB 1242 – Regulation of Commercial Establishments that House Dogs or Cats  

 

COMMITTEE ACTION:

 

SF 115 creates new Code chapter 148F, which requires the licensure of recreational therapists.  The bill provides for the establishment of a five-member recreational therapy board consisting of three members who are recreational therapists and two members who represent the general public.  The bill provides for fees to fund the board and provides penalties for violation of the practice requirement.  [2/25: 14-1(Hartsuch)]

 

SF 181 makes changes to Iowa’s campaign finance laws.  Highlights include: 

 

       New contribution limits for donations to legislative and state-wide candidates:

o       Limitations on Contributions – PAC, State Party, County Party  to a candidate:

§         $2,000 per election cycle to a candidate for a state-wide office

§         $500 per election cycle to a candidate for the Iowa House of Representatives

§         $1,000 per election cycle to a candidate for the Iowa Senate

 

o       Individual limits on Contributions:

§         $4,000 per election cycle to a candidate for a state-wide office

§         $1,000 per election cycle to a candidate for the Iowa House of Representatives

§         $2,000 per election cycle to a candidate for the Iowa House of Representatives

 

“Election cycle” is defined as the time period between elections for a particular office.  This includes primary, general and special elections. 

 

Election limits do not apply to contributions made by the candidate or by the candidate’s immediate family.  Immediate family is defined as a candidate’s spouse and dependent children. Election limits do not apply to in-kind contributions made to a candidate by a state party or by a county party.  [2/25: 10-5]

 

SF 224, which was approved without recommendation, contains several revisions to the 2007 legislation providing for the licensing and regulation of plumbers and mechanical professionals.  The word "examiner" is removed from the name of the plumbing and mechanical systems examining board to be consistent with the Department of Public Health's 19 other licensure boards.  Many of the changes are technical or administrative in nature and several represent changes in the licensing law itself. The changes include:

       The bill gives the board authority to adopt and enforce the state plumbing code, currently under the jurisdiction of the department.

       The bill requires that a contractor be licensed.

       The bill specifies that the board cannot impose a civil penalty exceeding $5,000 per offense.

       The bill delays the applicability enforcement provisions of the licensing law until July 1, 2009.

       Revises Code language relating to examinations and applications.  The board will provide detail to this process in rule. 

       Other changes relate to license renewal and continuing education.

       Existing language in Code section 105.11 allows owners or operators of certain health care facilities and institutions to perform work within their buildings; the bill specifies that such work relates to routine maintenance and moves this language into its own subsection.

       Code sections relating to the imposition of licensee discipline and general enforcement are delayed until July 1, 2009.  [2/23: 10-5 (without recommendation)]

 

SF 225 permits an active member of the Municipal Fire and Police Retirement System (MFPRSI) who has been a member of the retirement system for at least five years to purchase service credit for prior service under MFPRSI in which the member received a refund of the member's contributions.  The bill provides that a member may purchase up to five years of membership service for that period of prior service upon making contributions to the system in an amount equal to the actuarial cost of the purchase of service credit.  The board of trustees is required to adopt rules providing for the implementation and administration of this new purchase of service credit.  [2/23: 15-0]

 

SF 226, which was approved without recommendation, provides that cancer contracted by firefighter members of the statewide fire and police retirement system is presumed to be a disease contracted while on active duty due to the job for purposes of establishing a disability pension or providing a death benefit.  The bill also provides that the presumption will not apply to firefighter members who joined the retirement system after July 1, 1992, in which the cancer would not have existed but for a medical condition that was known on the date the member joined.  The bill also increases the minimum contribution rate for firefighter members of the pension system from 9.35 percent to 9.4 percent.  The bill may include a state mandate.  The state mandate funding requirement in Code section 25B.2, however, does not apply to public employee retirement systems.  [2/23: 15-0 (without recommendation)]

 

SF 227 is an agreement among the states to elect the President by National Popular Vote.  The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and the District of Columbia).

       The National Popular Vote Act does NOT affect Iowa’s caucus system.

       The National Popular Vote bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes – 270 of 538.  Then, all the electoral votes from the states that enacted the bill would be awarded, as a block, to the presidential candidate who receives the most popular votes in all 50 states (and DC). 

       The National Popular Vote bill has been enacted by states possessing 50 electoral votes – 19 percent of the 270 necessary to bring it into effect (HI, IL, MD, and NJ).  The bill has passed 22 state legislative chambers, including one house in AR, CO, ME, MI, NC, WA – and two houses in CA, HI, IL, NJ, MD, MA, RI, & VT. 

       The current system has a winner-take-all rule that awards all of the state’s electoral votes to the candidate who receives the most popular votes in each state.

       Due to winner-take all, a candidate can win the Presidency without winning the most popular votes nationwide.  This has occurred in 4 of the nation’s 55 presidential elections. 

       Due to winner-take-all rule, candidates have no reason to poll, visit, advertise, or organize in states where they are comfortable ahead or hopelessly behind.  In 2008, candidates concentrated over two-thirds of their campaign visits and ad money in six states and 98 percent in 15 states.

       The U.S. Constitution gives the states exclusive and plenary control over awarding their electoral votes.  The winner-take-all rule is not in the U.S. Constitution.  ME and NE currently award electoral votes by district. 

       Additional information is available at www.NationalPopularVote.com.  [2/23: 8-7]

 

SF 245, which was approved without recommendation, amends 2008 legislation which licensed persons performing fire protection system installations or fire protection system maintenance.  This bill amends that Act, which takes effect August 1, 2009.  The bill eliminates a requirement limiting licensure to only those working in the business "as a principal occupation"; this change requires licensure for those working only part-time in the profession.  The bill clarifies certain testing requirements, including, specifying that required examinations must relate to fire protection technologies and provides that the fire marshal must approve examinations.  The bill provides that after July 31, 2011, a person licensed pursuant to the transition provisions in new Code  chapter 100D shall renew or obtain a license pursuant to the regular licensure requirements in that chapter.  [2/23: 10-5 (without recommendation)]

 

SSB 1123, which was proposed by the Secretary of State, makes technical and corrective changes to the laws relating to elections and voter registration. [2/25: 15-0]

 

SSB 1166 allows an eligible member of the municipal fire and police retirement system of Iowa (MFPRSI) who is participating in the deferred retirement option plan (DROP) but has not terminated their participation in DROP as of a specified readjustment period has the option to extend their participation in the plan by one year, up to a maximum of five years, during that readjustment period.  The option may be exercised only if the employer has agreed to allow all eligible employees to exercise the option.  The readjustment readjustment period shall be a one time opportunity, which lasts for a three-month period.  The MFPRSI board establishes the one-time, three-month period once the system receives a favorable determination from the internal revenue service that the provisions of the bill can be implemented.  The bill takes effect upon enactment.  [2/25: 15-0]

 

SSB 1231 makes numerous changes to Iowa's Open Meetings Law (Code chapter 21) and Iowa's Public Records Law (Code chapter 22), and creates the public records, open meetings, and privacy advisory committee.  The bill takes effect July 1, 2010.  [2/25: 10-5]

 

SSB 1242 authorizes the Iowa Department of Agriculture and Land Stewardship (IDALS) to regulate animals (dogs and cats) kept in commercial establishments (Code chapter 162).  Generally, commercial establishments must obtain a license or certificate of registration.  The bill addresses several types of commercial establishments that have obtained a federal license in lieu of a state license.  The commercial establishments of concern are a commercial kennel, public auction, dealer, and commercial breeder.  A federally licensed commercial establishment must still obtain a certificate of registration from IDALS.  SSB 1242 provides that IDALS may regulate a federal licensee who holds a certificate of registration but only under certain circumstances.  IDALS may deny or revoke the certificate of registration based on a violation of state law directly regulating the health and welfare of an animal.  The bill rewrites a requirement that provides that a denial or revocation may also be based on a person's failure to retain a federal license.  In addition, IDALS is prohibited from inspecting the premises of a federal licensee, unless the department first receives a complaint.  [2/25: 11-4]

 

 

 

STAFF CONTACT:    Hannah Garden-Monheit

 

SF 151 (SSB 1167) – Railway Assistance and Passenger Rail Service

 

FLOOR ACTION: 

 

SF 151 makes changes to state programs relating to railway assistance and passenger rail service, including provisions for the administration of the railway revolving loan and grant fund, the elimination of the railway finance authority, and the administration of the passenger rail service revolving fund. An amendment adopted by voice vote on the floor would credit any interest or earnings on monies deposited in the Railroad Revolving Loan and Grant Fund or the Passenger Rail Service Revolving Fund to those funds. [2/24: 50-0]

 

COMMITTEE ACTION:

 

SF 33, as amended in committee, revises hours of service requirements for drivers of passenger-carrying commercial motor vehicles operated by a regional transit district. The bill augments minimum requirements established in administrative rules consistent with federal regulations. The bill also:

  • Limits the on-duty time for drivers to 60 hours within a six-day period. 

  • Drivers must be off duty for at least 10 consecutive hours following any period of on-duty time.  [2/25: short form; Kapucian excused]

 

 

 

STAFF CONTACT:    Kris Bell

 

HF 256 – Bidders at Tax Sales

 

COMMITTEE ACTION:

 

HF 256 provides that a bidder at a tax sale for delinquent property taxes must meet the statutory definition of “person,” defined in the Code as including an individual, corporation, limited liability company, business trust, estate, trust, partnership or association, or any other legal entity.  The bill provides that in order to register to bid at a tax sale or to own a tax sale certificate, a person, other than an individual, must have a federal tax ID number and either have filed with the Secretary of State a designation of agent for service of process, or have filed with the appropriate county recorder a verified statement of trade name of the business. [2/24: short form]