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Senate
Democrats Week 8 Committee Action – March 4, 2009
ENVIRONMENT & ENERGY INDEPENDENCE STAFF CONTACT: Kerry Wright SF 235 – Soybean
Association code change COMMITTEE ACTION: SF 235 deals with the Iowa Soybean Association merging their check-off board and association board three years ago. The Association is in the process building a new building and requested that the Code be change to add the ability to “issue negotiable instruments” to the list of powers and duties of the board. A “negotiable instrument” is a specialized type of agreement for the payment of money, which may include interest and is payable on demand or at a definite time. [3/4: Short form] STAFF CONTACT: Theresa Kehoe SSB 1274 – FY 2009
Bonding and Infrastructure Appropriations Adjustment Act HF 414 – FY 2009
Appropriations Adjustment Act COMMITTEE: SSB 1274 creates the Appropriation Bonds Capitals Fund (ABC Fund) to receive net bond proceeds of $175 million from the issuance of appropriation bonds. Highlights include:
Administrative Services – DAS
BLIND
CORRECTIONS
EDUCATION
NATURAL RESOURCES
REGENTS
STATE FAIR AUTHORITY
TRANSPORTATION
VETERANS AFFAIRS
REGENTS
HF 414 amends the FY09 budget, making adjustments to reflect action taken last fall to allocate funds for natural disasters, implement the selective budget reductions of $30 million proposed by the Governor last October, provide supplemental appropriations of $17 million to areas impacted by the 1.5 percent reduction in funding due to the across-the-board reductions proposed by the Governor, and transfer an additional $48 million in funding to the General Fund to bolster the ending balance. The bill passed the House February 26 by a vote of 55-43. [3/3: 16-9] STAFF CONTACT: Julie T. Simon SF 176 –
Administrative penalties for cemetery, funeral services annual reports SF 251 – Off-premises consumption of resealed bottles of wine SF 278 – Real
estate sales, broker licensure criminal history checks SF 279 – Electric
transmission franchise approval process SF 311 – Regulation
of debt management businesses SSB 1196 – IDOB
mortgage licensure, regulation omnibus FLOOR ACTION: SF 176 allows
the Insurance Commissioner to waive administrative penalties against sellers
and sales agents of cemetery and funeral merchandise and funeral services who
file annual reports late, if they show good ca COMMITTEE ACTION: SF 251 allows a person holding a license to sell alcoholic liquors for consumption on the licensed premises (e.g., restaurants) may permit a customer to remove one unsealed bottle of wine for off-premise consumption if the customer has purchased and consumed a portion of the bottle of wine on the licensed premises. The licensee or the licensee's agent must securely reseal the bottle of wine in a bag designed so that it is visibly apparent that the resealed bottle has not been tampered with and give the customer a dated receipt for the resealed bottle. [3/3: short form] SF 278/SSB 1249
relates to acceptance of the national criminal history record check required
of applicants for an initial real estate broker's or salesperson's
license. Currently, the
fingerprint-based check m SF 279/SSB 1250 establishes an expedited electric transmission franchise approval process in certain circumstances. If an existing transmission line, wire or cable is operating at 34.5 kilovolts, it may be franchised, rebuilt, and upgraded to 69 kilovolts using a franchise process which eliminates public notice and public informational meeting requirements otherwise applicable. Use of the expedited process is conditioned upon the upgraded line meeting required safety standards, being on substantially the same right-of-way, and having substantially the same effect on the underlying properties. The Iowa Utilities Board (IUB) will adopt rules defining terms, setting steps for the abbreviated process, and specifying the requirements for the petition for franchise. The franchise may be granted if the IUB finds the upgraded line is necessary to serve a public use, represents a reasonable relationship to an overall plan of transmitting electricity in the public interest, and the petitioner has paid or agrees to pay all costs and expenses of the franchise proceeding. The bill takes effect upon enactment. [2/26: short form] SF 311/SSB 1163
is a proposal brought forward by the Banking Division of the Department of
Commerce. It addresses licensure and regulation of debt management
businesses. Unlicensed entities have no such restrictions, and often require a debtor to pay fees upfront. This bill redefines debt management so that any person who, for a fee, arranges or negotiates or seeks to do such, or who directly or indirectly receives from a debtor money to be distributed to creditors, must apply for licensure and comply with provisions of Iowa Code Chapter 533A. The bill also requires both written and verbal disclosure of information to the debtor prior to entering a contract with the licensee, places limits on fees, addresses fees in the event of contract cancellation by the debtor, and specifies other actions that are unlawful. [2/26: short form] SSB 1196 is a
recommendation by the Iowa Division of Banking that establishes licensing
requirements applicable to mortgage loan originators and modifies existing licensing provisions relating to
mortgage bankers and brokers, regulated loans, and
industrial loans. The bill
includes provisions to keep The bill includes provisions to keep An amendment was adopted (short form) that addresses loss
mitigation. So as not to impede the
loss mitigation efforts that may prevent foreclosure and otherwise assist
borrowers struggling to fulfill the obligations on their home loans, an
individual employed by a residential mortgage loan servicer
that is involved solely in loss mitigation efforts does not need to be
licensed. The amendment also includes
a severability clause, a specific exemption to manufactured housing retailers
provided they only assist the consumer with the application and do not offer
or negotiate loan terms and do not receive any payment or fee from any
company or individual for assisting the consumer, and recommendations by the
Department of Public Safety concerning privacy and confidentiality of
information obtained in criminal history reports. [3/3: short form] STAFF CONTACT: Sue Monahan SF 302 – Historic Tax Credits SF 304– Targeted Jobs Withholding Tax Credit Program SSB 1088 – Fine Arts in State Buildings SSB 1241 – Changes to the COMMITTEE ACTION: SF 302
relates to the total amount of tax credits that may be approved for property
rehabilitation for the preservation of historic properties. The bill increases the $20 million limit of
tax credits each fiscal year to $50 million for the fiscal year beginning on
July 1, 2009. In committee, an
amendment was adopted which changed the entire bill. The bill still increases
the limit on the tax credits each fiscal year to $50 million. The bill puts
into the Iowa Code a “shovel ready” test.
A project must be placed in service within 36 months of the date on
which the project application was approved.
The State Historic Preservation office can determine, under
extenuating circumstances, to grant a recipient an additional 12 months to
complete a project. The bill puts
aside certain percentages of tax credits each fiscal year. Ten percent of the tax credits are put
aside for small projects with costs of $500,000 or less. The 10 percent is in current law. Thirty
percent is put aside for purposes of new projects located in Cultural and
Entertainment Districts. Current law states 40 percent. Twenty percent is put
aside for disaster recovery projects or emergency preservation projects.
Another 20 percent is put aside for projects that involve the creation of
more than 500 jobs. The remaining 20
percent is allocated for any other eligible projects statewide. If any tax credits in these put aside
percentages are not allocated in the fiscal year, the remaining unclaimed tax
credits will go to any eligible projects statewide. [2/26: short form, Hatch “excused”] SF 304 relates
to the Targeted Jobs Withholding Tax Credit Program. The bill caps the total award amount of tax
credits by limiting the total award amount of withholding tax credits to not
exceed the amount of qualifying investment made in the project. Current law provides that a pilot project
city shall not enter into agreements after June 30, 2010, the bill eliminates
this sunset. In committee, an amendment was adopted which put a sunset of the
program back in but extends the program to June 30, 2013. In addition, the
bill amends and clarifies the local match requirements. The bill provides
that if the completed project will increase the amount of property tax
revenues collected by the pilot project city by ten percent or more the
amount of withholding credit dollars received, the pilot project city must
contribute at least ten percent of the local match requirement. However, if the completed project does not
increase the amount of property tax revenues, the city is not required to
make a contribution to the local match.
The pilot cities are SSB 1088
provides that one percent of the total estimated cost of projects for a state
building or group of state buildings shall be used for fine arts
elements. Current law provides that
one-half of percent shall be used for fine arts elements. The bill also
allows funds allocated for fine arts to be accumulated and used over more
than one fiscal period. The bill provides
that 10 percent of the one percent of the moneys for the fine arts elements
shall be transferred to a new maintenance and conservation fund under the
control of the Arts Division of the Department of Cultural Affairs. [3/3:
8-7 (all Republicans, Rielly and Wilhelm “no”] SSB 1241
makes organizational changes to the administration of the Grow Iowa Values
Fund and the programs funded with moneys appropriated to it. The bill also makes related changes to the
high quality job creation program and the enterprise zone program. An
amendment was adopted in committee relating to reporting requirements and
wage thresholds. As amended, the bill has these major changes: ·
Allows
the proposed jobs to meet 100 percent of the qualifying wage at the time of
application. A qualifying wage is
either 100 percent or 130 percent of the average county or average regional
wage, whichever is lower. A proposed job could qualify for the 130 percent
qualifying wage if the starting wages were 100 percent of the average county
wage and at the end of the project completion the job would need to be at the
130 percent threshold. ·
High
Quality Job Creation (HQJC) program’s threshold of 160 percent of the average
county wage has been eliminated. 130 percent of the average county wage would
be the threshold for the HQJC 130 percent at the project completion. 90 percent will still be used in Enterprise
Zone projects. This proposal does not
change the way qualifying wages are calculated. ·
Benefits: one standard benefit package requirement
(the Department by rule will state that a company must pay 80 percent of
single and 50 percent of family coverage or a monetary equivalent for medical
and dental) for which the company will receive a 10 percent credit towards
its wage threshold calculation, which is only applicable to the 130 percent
wage component. ·
For
all programs, there is one project completion date which is three years from
the project award date to be established by rule. Only one project
maintenance period which is two years form the project completion date to be
established by rule. ·
All
requests for assistance will be acted upon the Iowa Department of Economic
Development Board. ·
Businesses
receiving more than one type of financial assistance will contract for and be
measured on the highest wage requirement of the program components awarded. ·
The
bill increases the administrative cost of the Values Fund to DED from 1.5
percent to 2.5 percent (of $32 million, not $50 million). ·
The bill
establishes a disaster recovery component for applications for financial
assistance. In order to qualify for financial assistance, the business must: o Be located in an area declared a disaster
area by a federal official o Have sustained substantial physical damage
and have closed as the result of a natural disaster o Have a plan for reopening that includes
employing a sufficient number of employees the business employed before the
natural disaster occurred o Pay wages at the same level after reopening
as it paid before the natural disaster occurred. ·
The
bill provides for financial assistance under certain circumstances
constituting either an opportunity or a threat to the state. Financial
assistance may be awarded to a business, an individual, a development corporation,
a nonprofit organization, Council of Governments, or a political subdivisions
of the state where, in the opinion of the department there is a need to
address a situation constituting a threat to the continued economic
prosperity of the state. The IDED Board would need to approve such financial
assistance. [3/3: short form] STAFF CONTACT: Bridget Godes SF 173 –
Reallocation of Foster Care All SF 177 –
Transportation of open enrollment students SSB 1016 – Develop
writing assessment as part of Core Curriculum SSB 1101 –
Reorganization Code clean-up FLOOR ACTION: SF 173 raises
the level of funding for the foster care portion of the All Iowa Opportunity
Scholarship. In 2009, the All Iowa
Opportunity Scholarship received $4 million to provide scholarships (for the
monetary amount of attending a public SF 177 relates to the busing of open enrollment students and allows a receiving district’s buses into the home school district’s boundaries if the regular busing route has been disrupted because road construction necessitates a temporary alteration of school bus routes. The receiving district can go into the home district’s school boundaries if their bus route is for reasons of safety, economy or efficiency. Currently, the receiving school district can only send vehicles into the district of residence for purposes of transporting students participating in open enrollment if both school districts agree to the arrangement. This would override that requirement. [2/26: 48-0 (Hatch, Johnson—excused)] COMMITTEE ACTION: SSB 1016 requires the Department of Education to develop a writing assessment as part of the mandated Iowa Core Curriculum. The writing assessment will be given locally to grades three, six and ten. The state will take a sample of writing from those three grades so that we can see how our students are doing in their writing skill progression. A committee amendment will align writing assessment with the implementation dates of the mandated model core curriculum. New implementation dates will be 2012 for grades 9-12 and 2014 for grades K-8. The writing assessment would be voluntary for schools until they implemented the corresponding core curriculum. Amendment also clarifies that professional development money may be used to train local assessors. The State will use federal assessment money to develop test rubric, this results in no fiscal impact to the state. [3/4: 10-5 (Boettger, Feenstra, Hamerlinck, Johnson, McKinley “no”)] SSB 1101 is the
result of finding out what worked and what was not addressed in statute when
the state Department of Education (DE) removed accreditation from the former ENVIRONMENT & ENERGY
STAFF CONTACT: Jace Mikels SF 99 – Hazardous
waste clean up cost recovery SSB 1234 –
Wastewater treatment facility assistance and compliance COMMITTEE ACTION: SF 175 allows local government the ability to recover costs associated with a hazardous waste cleanup directly from the liable party. Currently, the Department of Natural Resources (DNR) must conduct the collections for the local governments. Allowing local governments to recover costs on their own streamlines the process, removing unnecessary delays. [3/3: short form] SSB 1234, as amended by the committee, makes changes to the Wastewater Treatment Financial Assistance program to focus assistance to communities where the funding will have the greatest impact on sewer rates. The bill also establishes some guidelines for the DNR to use when they are determining whether a community classifies as a “disadvantaged community,” which brings special consideration regarding compliance with water quality standards. The bill also creates a method for local governments to sponsor projects to finance watershed improvement efforts in order to improve water quality. [3/3: short form] STAFF CONTACT: Kris Bell SF 48 – 2009 Health
Care Reform SF 203 –
Identifying Veterans in Assisted Living Facilities SF 204 – Department
of Elder Affairs technical bill SSB 1074 –
Department of Human Services Child Support Recovery COMMITTEE ACTION: SF 48 is the 2009 Health Care Reform bill. It builds upon the work of last year’s bill, House File 2539. The Iowa Insurance Exchange is created to ensure that all children and all other Iowans in the state have affordable, quality health care coverage and to decrease health care costs and health care coverage costs. It allows adult children to re-enroll on parents’ plans and makes the value of that coverage exempt from state income tax. The bill will make it possible to cover an additional 30,000 currently uninsured children. The reforms will also help adults have access to affordable insurance options. The bill includes other reforms, including a ban on gifts to doctors from pharmaceutical companies and measures to reverse shortages on nurses, doctors and other health care providers. [3/4: 8-5 (Bartz, Boettger, Hartsuch, Johnson, Seymour “no”] SSB 1074 is the annual Department of Human Services’ Child Support Recovery bill. It makes changes that conform to federal statutes. It repeals a mandate for employers and other payors of income on priority of withholding. It complies with federal mandates in new regulations published by the U.S. Department of Health and Human Services regarding safeguarding confidential information. It starts a process for changing how the $25 fee is collected and requires the Child Support Recovery Unit to do a cost-benefit analysis of calculating interest on overdue child support payments. [3/2: short form] FLOOR ACTION: SF 203 requires assisted living programs that receive reimbursement through Medicaid to assist the Department of Veterans Affairs in identifying tenants’ eligibility for benefits through the U.S. Department of Veterans Affairs. [3/2: 50-0] SF 204 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. [2/26: 47-0 (Bartz, Johnson, Hatch excused)] STAFF CONTACT: Cathy Engel SF 118 – Judicial
Branch Bill Relating to Parking Violations, Clerk’s Records SF 150 – Special Charter Cities Notice of Claims and Statutes of Limitations SF 154 – E911
-Authorized Uses of Local Exchange Service Information SF 199 – Uniform
Athlete Agents Act SF 221 – Foreign SF 237 – Electronic
Tracking of Pseudoephedrine SSB 1026 –
Charitable Trusts SSB 1137 –
Underinsured/Uninsured Motorists SSB 1202 – Mortgage
Foreclosures SSB 1216 –
Emancipation of a Minor SSB 1244 – Probate
Bill – Trusts and Estates SSB 1253 - DPS Omnibus Bill Relating to Fire Safety Inspection, Gambling, etc. SSB 1287 – Adam Walsh Child Protection and Safety Act Compliance FLOOR ACTION: SF 118 removes the clerk of the district court from the collections process involving uncontested parking violation fines of a city or county. It also allows for a copy of a citation of a municipal infraction to be sent to a defendant and the original citation is to be sent to the clerk of the district court. Current law provides that a copy of the citation be sent to the clerk of the district court. The bill also removes the requirements that the clerk of the district court keep a cemetery record book per Code section 523I.602. In addition, the bill provides that district court clerks shall keep a record book of certificates of deposit that have not been issued in the name of the clerk, but are being held by the clerk on behalf of a conservatorship, trust, or an estate. The record book is to include pertinent information relating to the conservator, trustee or executor. The bill also provides that if a defendant in a small claims action is a corporation, partnership, or association, the clerk, to obtain service, shall mail to the defendant a copy of the original notice, with a conforming copy of the answer form, by certified mail, return receipt to the clerk requested. Also, penalties for violations of county and city ordinances can be the same as for violations of simple misdemeanors under state law. The penalties provided for simple misdemeanors under state law per section 903.1(1) (a) are a fine of at least $65 but not to exceed $625 and imprisonment not to exceed 30 days in lieu of a fine or in addition to a fine. [2/26: 47-0, Bartz, Hatch, Johnson excused] SF 150 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 (SF 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. [2/26: 47-0, Hatch, Johnson, McKinley excused] SF 154 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 and 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 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. [2/26: 48-0, Hatch and Johnson excused] SF 199 repeals existing provisions in Chapter 9A relating to registration of athlete agents and replaces it with the Uniform Athlete Agents Act. The Act provides for uniform registration, certification, and background checks of sports agents seeking to represent student athletes who are or may be eligible to participate in intercollegiate sports, imposes specified contract terms on agreements between student athletes and athlete agents and provides educational institutions with a right to notice of the existence of a contract between an athlete agent and a student athlete. The applications for registration as athlete agents are filed with the Secretary of State, who then will deny or issue a certificate of registration to an individual, depending upon whether the Secretary of State believes the individual is fit to act as an athlete agent. [2/2: 50-0] SF 237 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. [3/2: 44-6 (Bolkcom, Horn, McCoy, Dvorsky, Johnson, Quirmbach “no”)] COMMITTEE ACTION: SF 221 provides
for uniform enforcement of foreign-country judgments in state courts. The bill sets out how a state court may
recognize a foreign-country judgment.
To be enforceable under this legislation, a foreign country judgment
must be final, conclusive and enforceable in the foreign country. The bill sets out when SSB 1026 amends the Iowa Trust Code relating to charitable trusts. The bill provides that within a specific time period after the creation of a charitable trust, the trustee must register the trust with the Attorney General’s Office and submit a copy of the trust instrument to the Attorney General. The Attorney General may require that the documents be filed electronically. The bill authorizes the Attorney General to investigate a charitable trust to determine whether it is being administered in accordance with the law and the terms and purposes of the trust and to bring legal action if necessary. As amended, the bill specifies that documents filed with the Attorney General’s Office relating to a charitable remainder trust or a charitable lead trust are not to be considered public records pursuant to chapter 22. [3/2: short form] SSB 1137 relates
to motor vehicle insurance coverage of liability arising from uninsured and
underinsured motorists. Under the
bill, insurance companies will be required to provide coverage for uninsured,
underinsured vehicle liability that equals the limits of liability for the
bodily injury portion of an insured’s policy, rather than the statutory
amounts required for proof of financial responsibility. A form furnished by the insurance company
allowing an insured to reject any or all of the required coverage must
include an explanation of the coverage being rejected and the amount of the
premium associated with the coverage being rejected. Other sections of the bill require that
when an insurer pursues a claim, through subrogation or assignment, against
the party responsible for bodily injury for which the insurer has made
payments, the insurer shall include the damages of the subrogor
or assignor and tender the amount to the assignor or subrogor
that the person would have been entitled to if that person had pursued the
claim directly. The bill also negates
an insurance company’s ability to insert “non-stacking” provisions in
underinsured/uninsured motorist policies.
Thus, when an accident is caused by an uninsured or underinsured
motorist, persons injured may be able to access more than one
underinsured/uninsured motorist policy. [3/2:
10-5, Warn, Zaun, SSB 1202 requires that prior to commencing an action for foreclosure on a one-family or two-family dwelling that is the residence of the owner, the creditor shall inform the owner of the availability of counseling and mediation on a form prescribed by the Attorney General. If the creditor fails to provide notice, the borrower can get a last- minute delay of up to 60 days for mortgage counseling and/or mediation. As amended in committee, the bill allows first mortgage lenders to make loan modifications and authorizes the foreclosure court to strip off the junior liens (but not the underlying indebtedness) to make the loan modification workable. This “stripdown” provision has a five-year sunset because it is an emergency measure for the current mortgage crisis. The bill, as amended, also makes it easier to reject a nonjudicial foreclosure. [3/2: short form] SSB 1216 relates to a petition for the emancipation of a minor and family in need of assistance proceedings. The bill, as amended in committee, provides that a minor who is 16 years of age or older may file a petition for an order of emancipation in juvenile court provided the minor is a resident of the state and is not in the care, custody, or control of the state. Among other things, a minor must prove financial self-sufficiency and that the minor can manage his or her personal affairs, and that the minor is committed to obtaining education and/or employment. The bill provides that a minor’s parents or legal guardian must be personally served with the notice of hearing on the petition within 30 days of the hearing, which is to be held within 90 days of the filing of the petition for emancipation. The court may require the parties to participate in mediation or request that the Department of Human Services investigate any allegations of child abuse or neglect contained in the petition. The court at any time may discontinue emancipation proceedings and interpret the petition as a petition to initiate family in need of assistance proceedings. Emancipation of the minor shall be based on the best interests of the minor and emancipation shall have the same effect as a child reaching the age of majority. However, the emancipated minor is still subject to voting restrictions, gambling restrictions, alcohol and tobacco restrictions and compulsory school attendance requirements. [3/4: short form (Boettger “no”, Sodders excused] SSB 1244 relates
to trusts and estates and small estates.
It provides that an
interest in real estate held of record at any time by a trust shall be deemed
to be held of record by the trustee of such trust and applies retroactively
to all trusts in existence on or after July 1, 1999. The bill provides that a probate court
shall prescribe a time for the hearing not less than 20 days after the date
the notice in a probate proceeding is served unless the court finds by clear
and convincing evidence that a shorter time period will not unduly prejudice
any party receiving such notice. The
bill also provides that the specific requirements for notice provisions
applicable to a situation where a personal representative of the estate of
the decedent, who is the spouse, is appointed, are not applicable if the
surviving spouse or the spouse’s conservator files, at any time, an election
to take under the will, receive the intestate share, or take under the
revocable trust. The bill adds the
spousal share provisions of the probate code based upon the circumstances in
existence at the time of the decedent’s death to a provision relating to the
elective share of the surviving spouse that provides that an election of a
surviving spouse is not subject to change except for a situation that would
justify an equitable decree for the recision of a deed. The bill also provides a specific notice
provision for a minor child or the legal guardian of a minor child of a
decedent who does not reside with a surviving spouse, of the child’s right to
request a family allowance from the decedent’s estate. The bill provides that any real property
titled at any time in the name of a conservatorship
shall be deemed to be titled in the ward’s name subject to the conservator’s
right of possession. There also is a
requirement that a personal representative of a small estate file proof of
service of a closing statement. The bill also makes changes to provisions in SSB 1253, as amended in committee, has four major components:
SSB 1287 declares that it is the intent of the General Assembly to enact legislation relating to the federal Adam Walsh Child Protection and Safety Act. [3/4: short form, Sodders excused] STAFF CONTACT: Sue Monahan SF 197 –
Unemployment Insurance Modernization SSB 1051 –
Amusement Ride Operator Insurance and Escalators SSB 1071 – Wage
Payment and Child Labor FLOOR ACTION: SF 197 relates
to COMMITTEE ACTION: SSB 1051 relates to the duties and regulations under the purview of the Iowa Labor Commissioner at Department of Workforce Development. The bill raises the minimum amusement ride insurance necessary for amusement ride operators. An amendment was adopted in committee which says that the minimum insurance is $1 million for bodily injury, death or property damage. In addition, the bill conforms a portion of the code concerning installation permits for new conveyances. [2/2: short form, Gronstal “excused”] SSB 1071 increases the civil penalty for employers failing to pay an employee’s wages from $100 to $500 per pay period. The bill increase child labor criminal penalties from simple misdemeanors to serious misdemeanors. In addition, the bill creates a civil penalty for a child labor violation of a maximum fine of $10,000. Currently, there is not a civil penalty option for enforcement of the child labor law. In committee, two amendments were adopted. As amended, the bill would allow the Labor Commissioner to adopt rules defining the civil penalty to be assessed for violations of the child labor law. Any penalties revoked would be deposited in the General Fund of the state. In addition, the criminal sanction in the law was strengthened to a strict liability standard for child labor violations. [3/4: short form, Gronstal, Hatch “excused”] STAFF CONTACT: Kerry Wright SSB
1212 – Land Records Identity Theft SSB
1213 – Local Control of Lawn Applications COMMITTEE ACTION: SSB 1212 relates to the duties and authority of county recorders and the County Land Record Information System. The bill requires each county to participate in the county land record information system and comply with the policies and procedures established by the governing board of the county land record information system. The bill increases the electronic transaction fee from $1 per recorded transaction to $3 for transactions recorded between July 1, 2009, and June 30, 2011. The bill also provides that the electronic transaction fee for transactions recorded on or after July 1, 2011, is $2. The bill authorizes the county recorder or the governing board of the County Land Record Information System to enter into an agreement to provide access to electronic documents or records on a batch basis, as defined in the bill, and to collect fees for such access. The bill amends the definition of "redact" or "redaction" to mean the process of permanently removing all or a portion of personally identifiable information from documents and requires that personally identifiable information contained in electronic documents that are displayed for public access on a website, or which are transferred to any person for commercial purposes, be redacted prior to displaying or transferring the documents and redaction to be fully implemented by December 31, 2011. [3/4: 6-3-1 (McCoy absent, Reynolds “present”)] SSB 1213 relates to the local regulation of certain lawn applications and allows local governments to adopt local ordinances regulating the use of lawn applications containing phosphorus on residentially zoned property and commercially zoned property used for residential purposes provided the adopted local ordinances are not less stringent than applicable state law or rule. [3/4:7-3, McCoy Absent] STAFF CONTACT: Jace Mikels SSB 1235 – COMMITTEE ACTION: SSB 1235, as amended in committee, establishes an upland game bird study advisory council. The advisory council will consist of various hunting, conservation, farm and business groups, and government agencies. The council will study ways to restore populations of upland game birds in the state. Upland game birds, which include pheasant and quail, have seen their populations drop in recent years because of poor weather during nesting season and the loss of nesting habitat.
REBUILD
STAFF CONTACT: Theresa Kehoe SF 280 – Disaster
Emergency Assistance Immunity SF 289 – Jumpstart
Housing Program SF 290 – Local
Government Disaster Assistance Grants SF 310 – Disaster
Loan Guarantee Program SSB 1239 – Bonding
Authority for Local Governments in a Disaster Area SSB 1259 –
Community Attraction & Tourism Waivers SSB 1270 – Soil
& Water Conservation Appropriations COMMITTEE ACTION: SF 280 states that during a disaster or in the period immediately following a disaster for which the Governor has issued a proclamation of disaster emergency, a person who in good faith renders emergency assistance without compensation shall not be liable for any civil damages for acts or omissions occurring during the rendering of the emergency assistance at the place of the disaster emergency unless such acts or omissions constitute recklessness. [2/26: 13-0] SF 289 relates to loan forgiveness under the Jumpstart Housing Assistance Program, which is administered by the Iowa Finance Authority. Currently, forgivable loans made through the program are forgiven over a 10-year period. SF 289 shortens the forgiveness period to a five-year period, which is the same as the small business and landlord programs. [2/26: 13-0] SF 290 creates a state Disaster Aid Local Government Assistance Grant fund under the control of the Executive Council. The fund is to be used when there is a state disaster proclamation that has been signed by the Governor. The Executive Council may award grants to meet disaster-related expenses of governmental subdivisions adversely affected by a disaster where the effect of the disaster is the immediate financial inability to meet the continuing requirements of local government. The total amount of grants for a fiscal year is capped at $3.5 million. The Executive Council may award additional funds (under emergency management provisions) if needed. Homeland Security and Emergency Management Division of the Dept. of Public Defense administers the grants. The Executive Council determines the amount of the grant, which cannot exceed 75 percent of the documented disaster-related expenses incurred by the governmental subdivision. Local governments are required to refund any part of the grant that is duplicated by any other assistance (including FEMA, insurance payments). Homeland Security and Emergency Management Division is required to adopt rules to administer the program. The rules are required to be based on the public assistance program created within the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Executive Council shall use grant funds to reimburse Homeland Security and Emergency Management Division for actual expenses associated with administration of the grants. Homeland Security and Emergency Management Division is required to submit an annual report (due Jan. 1) to the Legislative Fiscal Committee and the Legislative Government Oversight Committee regarding activities of the grant program. [2/26: 13-0] SF 310 requires Dept. of Economic Development (DED) to establish and administer a disaster assistance loan & credit guarantee program to provide loan and credit guarantees to all of these qualifying businesses: · Businesses directly impacted by a natural disaster from after May 24, 2008 and before Aug. 14, 2008. · Businesses either locating an existing business or starting a new business in a disaster-impacted spaced in a presidential disaster area. Disaster impacted space means a building damaged by a natural disaster occurring after May 24, 2008, and before Aug. 14, 2008. This includes undamaged upper floors of a building that was damaged by the natural disaster. · Businesses filling a critical community need in conformance with the comprehensive plan of the city as determined by resolution of the city council. Includes businesses within two miles of the city limit. Other requirements include: · A loan or credit guarantee under the program shall not exceed 10 percent of the loan or $25,000, whichever is less. Only one loan or credit guarantee allowed per federal employer identification number (FEIN). · The loan or credit guarantee under DED may stand alone or may be used with other programs offered by a financial institution. DED may purchase insurance to cover defaulted loans. However, the DED shall not directly or indirectly pledge the credit of the state. · Eligible project costs include expenditures for equipment, machinery, land, operations, research & development, marketing, engineering and architectural fees, and other costs as designated by DED. · The DED program shall not be used for debt refinancing. · Each participating financial institution is required to identify and underwrite potential lending opportunities with qualifying businesses and submit the information to the DED. · The DED agreement with the financial institution shall specify all of the following o The fee to be charged to the financial institution. o Evidence of debt assurance of, and security for, the loan or credit guarantee. o A loan or credit guarantee that does not exceed 15 years. · The DED fee is nonrefundable and may be between $500 and $1,000 per application. DED retains the fee for administration costs. · The DED may adopt loan & credit guarantee application procedures that allow a business to apply directly to DEC for a preliminary guarantee commitment. · Creates a Disaster Assistance Loan & Credit Guarantee Fund. Eligible uses include: o Payment of claims pursuant to loan & credit agreements. o Administrative costs incurred by DED. o Purchase or buyouts of superior or prior liens, mortgages or security interests o Purchase of insurance to cover the default of loans. o Fees charged by DED are deposited in the fund. o Money in the fund does not revert. Interest earned stays in the fund. o DED shall only pledge money in the fund and not any other money under the control of the DED. ·
Financial Institution is defined as a state of
· Appropriates $1.8 million from the interest in the Federal Economic Stimulus and Jobs Holding Fund to DED (beginning July 1, 2008) for deposit in the Disaster Assistance Loan & Credit Guarantee Fund. · Act takes effect upon enactment. [2/26: 13-0] SSB 1239 allows local governments affected by the 2008 Presidential Disaster to issue general obligation bonds for 30 years rather than 20 years. Local governments that use this option may only spend these funds for disaster purposes. SSB 1239 contains language legalizing actions taken by or on behalf of a city related to emergency repair or reconstruction of public improvements damaged by a natural disaster from May 1, 2008, through August 31, 2008. Cities that are subject to this provision are required to amend their budgets for the fiscal year ending June 30, 2008. Changes are made to bidding procedures when emergency repair of a public improvement, highway, bridge, or culvert is necessary and the delay of advertising and a public letting would cause serious loss or injury to the governmental entity. Language is added to allow the Iowa Finance Authority to have broad authority to spend federal funds. An applicant for financial assistance under the Community Attraction and Tourism Program or the River Enhancement Community Attraction and Tourism Program to apply to the Vision Iowa Board for a waiver of any local or private matching moneys if the applicant is located in an area declared a disaster area by the Governor or by a federal official. The Vision Iowa board may grant all or a portion of the waiver request. This provision is only in effect during the fiscal year beginning July 1, 2009. [3/3: 8-5] SSB 1259 allows an applicant for financial assistance under the Community Attraction and Tourism Program or the River Enhancement Community Attraction and Tourism Program to apply to the Vision Iowa Board for a waiver of any local or private matching moneys if the applicant is located in an area declared a disaster area by the Governor or by a federal official. The Vision Iowa board may grant all or a portion of the waiver request. This provision is only in effect during the fiscal year beginning July 1, 2009. [3/3: Short Form] SSB 1270 appropriates funds to the Department of Agriculture and Land Stewardship (IDALS) to support soil and water conservation efforts. Highlights include:
STAFF CONTACT: Theresa Kehoe SF 247 – Assistive
Animals SF 292 – Purchasing
of Goods & Services/Information Technology SF 295 – Leases on
Properties SF 301 – Bidding
Requirements for Public Improvement Projects SF 305 –
Pari-mutuel Audits COMMITTEE ACTION: SF 247 requires a person assisting a person with a disability by controlling an assistive animal to be allowed to accompany the person with the disability and the assistive animal. [3/4: short form]
· DAS is the sole provider of infrastructure services for participating agencies. · The Technology Governance Board oversees the services provided. In addition, the board is required to adopt rules allowing for a waiver. A waiver shall be granted only if the participating agency can show that it can obtain the particular infrastructure service more economically, or that a waiver would be in the best interest of the state. · Purchasing – competitive bidding – DAS is required to approve any direct purchasing from a vendor. Strikes language allowing an agency to purchase directly from a vendor, on the agency’s own authority. · Centralized Purchasing: · DAS may designate goods and services of general use that agencies shall, and governmental subdivisions may, purchase pursuant to a master purchasing or service contract. DAS shall negotiate a master contract if DAS determines that a high-quality good or service can be acquired by agencies and governmental subdivisions at lower cost through negotiation of a master contract. · DAS shall negotiate a master contract on a competitive basis. · Upon negotiation of a master contract, an agency shall purchase the good or service pursuant to the contract. An agency shall not purchase directly from a vendor and not through the contract, unless any of the following applies: o DAS determines, upon agency request, that the agency can satisfy the requirements for purchase of the good or service directly from a vendor as provided in 8A.311, sub 10, paragraph a. (Requires DAS approval). o The
agency is purchasing the good or service pursuant to a service contract in
effect on the effective date of the master contract. However, the agency is required to
terminate the service contract if the contract permits termination without
penalty and the agency shall not renew the service contract beyond the term
of the existing service contract.
[2/26: 8-4 (Feenstra, Behn, Hartsuch, Wieck) Black, Hatch, SF 295 authorizes the Department of Administrative Services (DAS) to maintain an existing lease related to real property acquired by the department on behalf of the state. SF 295 establishes certain limitations on this authority, including: ▸ The lease is not to be renewed beyond the term of the existing lease and any renewal periods that are solely at the discretion of the lessee. ▸ The lease is not to be renewed by DAS as the lessor if the lessor has discretion to not renew under the existing lease. ▸ The lease is not to be maintained for a period in excess of 10 years from the date of acquisition without the approval of the executive council. ▸
The lease is not to be maintained if the
lessee at the time of the acquisition ceases to
occupy the leased property. [2/26: 12-0 Black,
Hatch, SF 301 requires the Department of Administrative
Services (DAS) to use either competitive quotations or competitive bidding for all public improvements of any cost. Public improvement is defined in Code chapter 26 to mean a building or construction work which is constructed and paid for by a governmental entity.
[2/26: 8-4 (Feenstra, Behn, Hartsuch, Wieck “no”) Black, Hatch, SF 305 requires a pari-mutuel licensee to transmit to the Racing
and Gaming Commission an audit of the financial transactions and condition of
the licensee's operations 90 days after the end of each calendar year instead
of 90 days after the end of each race meeting. Audits conducted for
pari-mutuel licensees shall be done by certified public accountants
authorized to practice in the state.
SF 305 takes effect upon enactment. [2/26:
11-1(Feenstra “no”) Black, Hatch, STAFF CONTACT: Hannah Garden-Monheit SF 117 (Successor to SF 34) FLOOR ACTION: SF 117, as amended on the floor, includes provisions for the safe operation of bicycles on streets or highways and provides penalties. Highlights include: · Section 1 states that bicycles are entitled to the full use of the lane when there is insufficient room to share. · Section 2 requires bikes and cars to maintain a safe passing distance. It requires cars to maintain a five-foot distance when overtaking a bike or vehicle. Farm tractors and fence-line feeders are exempt from the five-foot rule. · Section 3 clarifies that the law about following too closely also applies to bicycles. · Section 4 eliminates the requirement that cars honk before passing a bike or pedestrian. · Section 5 allows bicyclists to signal a right turn with the right arm. · Section 6 gives the right of way to bicyclists when a trail and street intersect and no sign is posted requiring trail users to yield. · Section 7 states that vehicle doors may not be opened on the side available to moving traffic until it is safe to do so. · Sections 8, 9, and 10 establish fines. [2/26: 30-17; party line, except for Black and Sodders voting “no,” Bartz voting “yes”; Hatch, Johnson, McKinley excused] COMMITTEE ACTION: SSB 1266 clarifies that the Department of Transportation (DOT) must verify how long a foreign national is legally allowed in the country when issuing a license. The bill also establishes a procedure for removing a motor vehicle related conviction from a driving record based on identity theft through this process:
STAFF CONTACT: Julie T. Simon SF 109 – Employer charges for unemployment claims of temporary
workers* SF 186 – Veteran’s preference in governmental hiring SF 189 – SF 250 – Veterans employed in skilled worker shortage areas SF 297 – Disabled veterans property tax FLOOR ACTION: SF 186 is a Department of Workforce Development recommendation to
remove the requirement that a person be a citizen and resident of For the purposes of municipal civil service employment, the veteran's preference points m COMMITTEE ACTION: SF 189
requires the Iowa Department of Veterans Affairs (IDVA) to study and make recommendations
concerning the restoration and maintenance of the Medal of
Honor memorial for the State of SF 250 requires the Department of Economic Development to develop
a program to pay cash incentives to certain veterans to work in Beginning in 2012, an applicant who meets the conditions is eligible for these cash incentives: after three total years of employment, $3,000; after five total years of employment, $2,000; and after eight total years of employment, $5,000. Cash incentives are subject to the availability of funds. Sen. Sodders, the bill’s sponsor and subcommittee chair, noted that additional work on the proposal was needed, but the subcommittee agreed to move it forward in process for further discussion. [3/3: short form] SF 297/SSB 1066 provides that the property tax on a disabled
veteran's homestead will not increase from year to year. To receive this credit, the veteran m A disabled veteran is one who is
entitled to compensation for injuries from active
duty or would have received compensation but for
retirement pay, or is one who was discharged or released
from active duty beca SF 297 would take effect upon enactment and apply to property taxes due and payable in fiscal years beginning on or after July 1, 2009. The fiscal impact is unknown at this time, so the subcommittee moved the bill forward without recommendation. [2/26: WITHOUT RECOMMENDATION short form] STAFF CONTACT: Kris Bell SSB 1134 –
Department of Revenue Technical Changes COMMITTEE ACTION: SSB 1134 provides technical changes relating to Code chapters affecting the operations of the Department of Revenue. It updates, corrects and adds consistency to these provisions. No policy changes are included in this bill. [3/3: short form] |