Senate Democrats

Week 9 Committee Action – March 11, 2009

 

AGRICULTURE

APPROPRIATIONS

COMMERCE

ECONOMIC GROWTH

EDUCATION

ENVIRONMENT & ENERGY INDEPENDENCE

HUMAN RESOURCES

JUDICIARY

LABOR & BUSINESS RELATIONS

LOCAL GOVERNMENT

NATURAL RESOURCES

REBUILD IOWA

STATE GOVERNMENT

TRANSPORTATION

VETERANS AFFAIRS

WAYS & MEANS

 

 

 

STAFF CONTACT:    Kerry Wright

 

SF 174 – Turkey manure stockpiling

SF 235 – Soybean Association code change

SF 268 – Watershed improvement grants

SF 298 – Disposal of dead animal bodies by veterinarians

SF 308 – Dry bedded manure

HF 374 – Grain Indemnity Fund

 

FLOOR ACTION:

 

SF 235 deals with the Iowa Corn Growers and Iowa Soybean Association merging their check-off board and association boards three years ago. The Association is in the process of building a new building and requested that the Code be changed 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. [3/11: 49-0-1 Zaun “Present”]

 

SF 286 amends chapter 466 A, 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.  The fund is administered by a watershed improvement review board, which awards grants to support local watershed improvement projects.  The bill increases the period of use for such awards from three to five years and during those five years, the board may extend for an additional five years. [3/9: 48-0 (Behn, Hartsuch absent]

 

HF 374 amends chapter 203D, which established the grain depositors and sellers indemnity fund for use in indemnifying (a) a "depositor" who has stored grain with a warehouse operator licensed in this state for losses resulting from the depositor's right to receive possession of the grain and (b) a "seller" who is a producer selling grain to a grain dealer for losses resulting from a failure to receive payment for that grain. 

 

HF 374 makes three changes in the current law:

       The balance in the fund required to automatically waive the assessment of the dealer warehouse fee and the per bushel fee is increased from $6 million to $12 million. 

       The balance in the fund required to automatically reinstate the fees is increased from $3 million to $8 million.

       The amount of the maximum payout for a loss by an eligible claimant is increased from $150,000 to $300,000  [3/11: 1-50]

 

COMMITTEE ACTION:

 

SF 174 is an “agreed to” bill between the poultry industry, the Iowa Environmental Council and the Department of Natural Resources dealing with turkey manure stockpiling. The legislation addresses such issues as storage, timelines, slope grades, karst terrain, separation distances, definitions, and structures. [3/10: Short form]

 

SF 298 gives an exception from a requirement that a person who owns or cares for an animal to dispose of its carcass within “a reasonable time” after death. This exception would apply to veterinarians.  A person who violates the prohibition is guilty of a simple misdemeanor or alternatively is subject to a civil penalty from $100 to $1,000.  A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65, but not more than $625. [3/10: Short form]

 

SF 308 deals with dry cattle and swine bedded manure stockpiling. It creates a new code chapter, 459B. 101, and addresses storage, timelines, slope grades, karst terrain, separation distances, definitions, and structures.  It also addresses restrictions for application of liquid manure on frozen and snow-covered ground in the above areas.  [3/10: Short form]

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

SF 376 – FY 2009 Bonding and Infrastructure Appropriations Adjustment Act

 

FLOOR ACTION

 

SF 376 creates the Appropriation Bonds Capitals Fund (ABC Fund) to receive net bond proceeds of $175 million from the issuance of appropriation bonds.  Highlights include:

  • Restoring funding for FY09 projects that have been delayed because the planned securitization of the remaining tobacco payments has not occurred.  These projects are moved to the ABC Fund (with some exceptions).
  • Appropriating $174.2 million from the ABC Fund, including $150.4 million that was previous appropriated in FY09. 
  • The first debt service will be in FY11.  The bonds will be for 20 years.  Bond payments are not subject to any across the board cut. 

 

Administrative Services – DAS

  • $1 million for renovations and repairs to the utility tunnel system in the Capitol Complex (a decrease of $3.8 million).
  • $6.9 million for continued restoration of the Capitol Building.
  • $850,000 million for upgrades to the electrical distribution system of the Capitol Complex (decrease of $3.6 million).
  • $1.5 million for HVAC improvements in the Hoover State Office Building.
  • $623,000 for costs associated with improvements to the Central Energy Plant.
  • $165,000 for building security and firewall protection at the Hoover State Office Building.
  • $15 million for major repairs and major maintenance at State facilities.
  • $4 million for the purchase of the Mercy Capitol Hospital (Increase of $500,000).
  • $829,000 for improvements to the Civil Commitment Unit for Sexual Offenders at Cherokee.)
  • $770,000 for restoration and renovation at Terrace Hill.

 

BLIND

  •  $870,000 for renovation of dormitory buildings

 

CORRECTIONS

  • $5.3 million for the expansion of the community-based correctional facility at Sioux City.
  • $4.1 million for the expansion of the community-based correctional facility at Ottumwa.
  • $6 million for the expansion of the community-based correctional facility at Waterloo. 
  • $47.5 million for expansion of the Iowa Correctional Institution for Women at Mitchellville.
  • $12.5 million for remodeling the kitchens at Mount Pleasant and Rockwell City.
  • $2.1 million for the expansion of the community-based correctional facility at Davenport.  This is a new appropriation and is in addition to the $10.5 million in funding received from FY05-FY07.
  • $18.1 million for the expansion of the community-based correctional facility at Des Moines, including land acquisition for the facility.  This is a new appropriation.  Last, session Des Moines received an appropriation to do a study regarding a new facility.

 

EDUCATION

  • $2 million for major renovation and repair, including health, life, and fire safety needs, and for compliance with the federal Americans with Disabilities Act for community college buildings.

 

NATURAL RESOURCES

  • $750,000 for infrastructure improvements at Volga River Recreation Area.
  • $500,000 for improvements at Carter Lake.
  • $8.6 million for lake restoration and dredging projects.

 

REGENTS

  •  $2 million for Iowa Public Radio.

 

STATE FAIR AUTHORITY

  • $8 million for construction of an agricultural exhibition center and other infrastructure improvements at the Iowa State Fairgrounds.  This is an increase of $3 million and will fully fund the project.

 

TRANSPORTATION

  • $2.2 million for the public transit infrastructure grant fund to assist capital projects at the 35 public transit agencies throughout the State.
  • $1.5 million for infrastructure improvements at the State’s commercial service airports.

 

VETERANS AFFAIRS

  • $20.6 million for matching funds for the construction and other improvements associated with the Iowa Veterans Home Master Plan.

 

REGENTS

  • Regents are allowed to use revenue bond proceeds for construction of replacement facilities and flood recovery and flood mitigation expenses resulting from a disaster in an area that is within a proclaimed disaster emergency by the Governor.
  • The Board of Regents is given the authority to issue bonds regarding the University of Iowa Hospital.  These bonds do not involve state funds and are backed solely by patient revenues. 
  • Currently, the University of Iowa Hospital is the only hospital in the state that needs the approval of the General Assembly and the Governor to issue bonds.
  • This change conforms Regent hospital bonding authority to other Regent bonding authority for self funded enterprises such as athletics, residence and utility construction, none of which involve state tax dollars.  [3/11:  32-18]

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 372 – Request for telecommunications regulation interim committee

SF 374 – Restrictions on resale, use of motor vehicle operating records

SF 379 – Use of insurance loss history in issuance of dram shop insurance

SF 395 – Criminal activity at or near bars

SF 396 – Annual review of health insurance mandates

SF 403 – Sale of beer by native wineries 

SF 404 – Establishment of ‘Local Food and Farm’ task force

SF 409 – Disclosure of annual gas, electric charges to customers 

 

COMMITTEE ACTION:

 

SF 372/SF 275 requests the Legislative Council to establish a bipartisan, 10-member interim study committee to examine and evaluate telecommunications industry regulation at the state and federal levels. The committee would review provisions of the federal communications code, other federal laws and regulations impacting the industry, and current state telecommunications industry regulations. It would also consider testimony from industry representatives and other interested persons or entities.  The committee would issue a report and make recommendations to the General Assembly by January 15, 2010.  [3/5: short form]

 

SF 374/SSB 1258 amends language enacted last year that eliminated driver record look-ups through the Iowa Department of Transportation (DOT) computer terminals or DOT print-outs. This function was moved from DOT to a project funded through the IowAccess program in the Department of Administrative Services under an agreement with DOT.   

 

The original proposal would have resulted in significant revenue loss to the General Fund and to IowAccess.  In recent months, several meetings took place that involved legislators, various industry representatives and departmental personnel and an agreement was reached.

 

The Committee unanimously adopted an  amendment that  clarifies that the certified record can be used more than once for certain internal purposes and on a limited basis may be shared among affiliates; allows the record to be shared between an insurer and the insurer’s designated agent; clarifies application with respect to third-party vendors  or others who purchase a certified record directly from the DOT and those who are given the records (primarily insurance companies; and makes technical corrections to the Iowa Code based on the changes.  [3/5: short form]

 

SF 379/SSB 1183 provides that if an insurer provides dram shop liability insurance at a new location to a licensee or permittee who has a positive loss  history at other locations  for which such insurance is provided and the insurer bases premiums at the new location on the negative loss history of a previous licensee or permittee at that location, the insurer must adjust the premium at the new location not less than 30 months after the insurance is issued, based on the loss experience of the licensee or permittee at that location during that 30-month period.  The usual process is based on five years. This expedited process would help in certain circumstances, such as when an experienced bar owner with a positive history (and a lower dram shop rate) purchases another bar with a negative history with the intent to “clean it up.”    

 

Like a majority of states, Iowa has a dram statute that holds on-premises licensed establishments that serve intoxicated patrons responsible for any resulting injury or harm. The minimum amount of coverage is determined by the state’s Alcoholic Beverages Division. Every on-premise liquor control licensee and class "B" beer permittee must furnish proof that they have the required dram shop policy.   [3/5: 9-5 party-line]

 

SF 395/SF 348 provides that a person or club holding a liquor control license or retail wine or beer permit must not knowingly permit or engage in criminal activity in parking lots and areas adjacent to the licensed premises (e.g., sidewalk, street) that are used by the patrons.  Current law limits this prohibition to criminal activity on the licensed premises.

 

Police chiefs from Des Moines, Ames and Iowa City stated that the proposal gives them an additional tool to help in the occasional instances where a pattern of criminal activity, such as illegal drugs or prostitution,  has developed and the bar owner continually fails to address it.  The bill does not change the requirement in current law that the licensee must have knowledge of or engage in the criminal activity.  The Metropolitan Coalition of Cities (Ames, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Sioux City, West Des Moines) strongly support the legislation.  [3/10: 11-3 (Hartsuch, Kettering, Wieck “no”), Behn absent]

 

SF 396/SF 317 requires the Insurance Commissioner to annually review legislation and current state laws that contain mandated health care benefits.  The report must include a financial impact analysis by an actuary who certifies that the analysis is consistent with   accepted actuarial standards.

 

When a legislator requests a bill or joint resolution, the Legislative Services Agency will determine if it includes a mandated health care benefit. If so, it will include that information in the explanation and refer it to the Commissioner for analysis and inclusion in the annual report. The Commissioner's review of proposed legislation must include the social, medical, and financial impacts of enacting the proposed mandated health care benefit.  The referral of a bill or resolution to the Commissioner does not prevent the General Assembly from considering or enacting the legislation while the analysis is ongoing or prior to the written report.

 

Sen. Rielly, sponsor of SF 317, noted that 30 states have similar mandate “review and report” requirements.  He will continue to get input on the proposal and expects further refinement of the plan.    [3/10: short form]

 

SF 403/SF 188  allows a person holding a class "C" native wine permit and a class "A" native wine permit to purchase beer from a wholesaler holding a class "A" beer permit for sale at retail.  Many native wineries in Iowa host community events and rent facilities for receptions and other gatherings and have seen beer being brought on the premises, which also creates a liability issue.  The original proposal, which also addressed breweries, was amended to address concerns that it created a loophole in the state’s “3-tier system” of sales (manufacturer to wholesaler to retailer).   [3/10: short form]

 

SF404/SF 332 establishes a Local Food and Farm task force to prepare a plan containing policy and funding recommendations to expand and support local food systems, including organic foods. The task force would also assess current regulations and suggest ways to streamline the process, when prudent, to increase locally grown food production.

 

Members of the task force would include state officials from the departments of Agriculture and Land Stewardship, Economic Development, and Human Services, as well as individuals appointed by the Governor who are actively involved or interested in food that is locally produced, stored, distributed, sold, and eaten in Iowa.  The plan must be submitted to the Legislature by January 10, 2010, and the task force is dissolved on that date.   [3/10: short form]

 

SF 409/SF 170, as amended, requires a gas or electric public utility to annually disclose on a customer's March billing statement the total amount of charges for the utility's service incurred at the customer's billing address during the preceding calendar year.  The disclosure is by customer rather than by address (i.e., if a person lived at one residence for seven months, the report would go to that customer for those seven months; information is not forwarded or applied to any other owners or renters at that address during the calendar year).  [3/10: 11-3 (Kettering, Wieck, Ward “no”), Behn absent]

 

 

 

STAFF CONTACT:    Sue Foecke

 

SF 304 -- Targeted Jobs Withholding Tax Credit Program

SF 369/SSB 1251 – Investment Tax Credits

 

FLOOR ACTION:

 

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 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 10 percent or more the amount of withholding credit dollars received, the pilot project city must contribute at least 10 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 Burlington, Council Bluffs, Fort Madison, Keokuk and Sioux City.   [3/11: 50-0]

 

COMMITTEE ACTION: 

 

SF 369/SSB 1251 repeals 15E.51, a 6 percent credit (overall cap of $5 million in credits) for investments in venture capital funds. The bill then applies the unused $2.7 million of tax credits under 15E.51 into 15E.43, a 20 percent tax credit program (overall cap of $10 million in credits) for investments in qualifying businesses (start-up businesses) and community based seed capital funds (who then invest in qualifying businesses). Only $1 million (of the $2.7 million) can be applied per fiscal year starting with FY10.  There is still a three year delay between the date of the investment and when the tax credit can be applied.  Therefore, an investment made in 2008 would be applied on the 2011 tax return, which affects FY12. 

 

There are changes to the definition of a qualifying business in the bill. Currently, a business that engages primarily in “professional services” does not meet the requirements of a qualifying business for purposes of the business investment tax credit.  The bill specifies that businesses performing services requiring professional license are not eligible as a qualifying business. In addition, the bill changes the qualifying business net worth of $10 million or less to a net worth of $5 million or less. This let smaller businesses have the chance of getting the tax credit. [3/5:  short form]

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 270 – Postsecondary school registration

SF 314 – Teacher salary integration

SF 326 – Allows noncontiguous school district sharing

HF 233 – Disposition of school property

 

FLOOR ACTION:

 

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 earlier this year.  The House added an amendment that would provide for a 10-day petition by the people.  This provision was in the 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.  [3/5:  46-0 (Houser Johnson, McKinley, Zaun excused)]

 

SF 270 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.  [3/9: 47-0 (Behn, Hartsuch, Seng—excused)]

 

COMMITTEE ACTION: 

 

SF 314 integrates all permanent, regular teacher salary into one salary schedule.  This bill builds on previous years’ work to integrate teacher quality money into the funding formula.  Last year, the Legislature incorporated Phase II (teacher salary money—approximately $39 million started in 1987 that has not had any additional appropriation since that time), Teacher Quality (teacher salary money—approximately $210 million), and other categorical line-items into the school funding formula.  These items are part of the funding formula in FY10.  This year, for the first time, allowable growth was set for categorical allowable growth in FY11.

 

SF 314 will integrate teacher salary schedules, including (1) regular wages, (2) Phase II, and (3) Teacher Quality pots of money into one schedule.  This bill does the following:

  • Offers transparency in teacher salaries
  • Better recruitment
  • Ease of administration 
  • Easier Comparison between districts and states
  • Better Accountability for our investment  [3/11: Short Form (Boettger, Hamerlinck, Feenstra, Johnson, McKinley “no”)]

 

SF 326 would allow school districts that aren’t contiguous or right next door to each other to access sharing incentives, open enrollment and mergers.   The Code currently allows only contiguous districts to access sharing incentives.  Most of the time, this makes sense.  Transportation costs would make it inefficient for district to bus students across other districts to be able to share classes.  If this district “in the middle” is long and narrow, transportation costs might not be an efficiency issue. Schools should be able to have the flexibility to share with other districts when it makes sense.  [3/11:  Short Form]

 

 

ENVIRONMENT & ENERGY INDEPENDENCE

 

STAFF CONTACT:    Jace Mikels

 

SF 328 – Hazardous waste clean up cost recovery

SF 362 – Storm water drainage system utility districts

SF 368 – Energy efficiency community grant program

SF 373 – Transfer of energy-related programs and responsibilities

SR 14 – Resolution urging the EPA to authorize the use of higher ethanol blends

SSB 1192 – Flood management task force

SSB 1260 –Anti-degradation policy for state waters

SSB 1254 – Dispensing of ethanol blended gasoline

 

FLOOR ACTION:

 

SF 328 allows local government 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.  [3/9: 47-0]

 

COMMITTEE ACTION: 

 

SF 362 allows cities to establish storm water drainage system utility districts to provide for the management of storm water drainage projects.  This is similar to the current authority cities have to establish district utilities for sewer and water.  A city that establishes a storm water utility would have to follow the same process for establishing a sewer or water utility, which is done by ordinance after notice and public hearings.  [3/3: short form (Behn “no”)]

 

SF 368 provides that 4 percent of the money in the Power Fund shall be used to create a community grant program that focuses on energy efficiency efforts.  Based on current funding levels, that would provide $1 million for grants that the Office of Energy Independence (OEI) could disburse to groups for programs that focus on reducing energy consumption.  [3/5: short form (Behn “no”)]

 

SF 373 provides for the transfer of energy-related programs and responsibilities from DNR to OEI.  The goal is to bring all of the state’s energy-related programs under one agency rather than having them spread out between different agencies.  [3/5: short form (Behn, Reynolds, and Ward “no”)]

 

SR 14 urges the EPA to authorize and implement the use of blends of gasoline consisting of more than 10 percent ethanol (E10) in non-flex fuel vehicles.  Flex-fuel vehicles can use gasoline consisting of up to 85 percent ethanol (E85), while non-flex fuel vehicles are currently only authorized by EPA to use up to E10.  [3/11: short form]

 

SSB 1192 would establish a task force to review comprehensive flood management strategies for the state, including watershed, land use and floodplain management policies.  [3/11: short form]

 

SSB 1254 allows a retailer to use an under dispenser containment system when installing a pump for use with high blends of ethanol (above E10 up to E85).  High-ethanol blended gasoline needs a special dispenser system to prevent against potential spills.  The bill provides for the use of an under dispenser containment system equipped with electronic monitoring for a period of 10 years when a dispenser has been not been listed as compatible with high-ethanol blended gasoline.  [3/11: short form]

 

SSB 1260 sets out guidelines for the state’s anti-degradation policy, which is to be carried out by the DNR.  Anti-degradation policies provide protections for waterways for new or expanded sources of pollution.  As part of this policy, the bill allows the DNR to establish an “Outstanding Iowa Water” classification for streams.  This will provide special protections for streams that have exceptional recreational or ecological significance to the state.  [3/11: short form (Bolkcom and Hogg “no”)]

 

 

 

STAFF CONTACT:    Kris Bell

 

SF 152 – DHS Adoption and Foster Care

SF 179 – Child Care Assistance Pilot Program

SF 236 – Psychiatric Medical Institutions for Children

SF 271 – Obscene Materials in Child Abuse and Child in Need of Assistance Cases

SF 319 – DHS Child Support Recovery

SF 323 – Foster Care Records

SSB 1002 – Mental Health Parity

SSB 1142 – DIA Nursing Home Policies

SSB 1179 – Nursing Home Quality Assurance Assessment

SSB 1255 – Circulating Nurses in Operating Rooms

 

FLOOR ACTION:

 

SF 152 complies with the Fostering Connections to Success and Increasing Adoptions Act of 2008.  It raises expectations to connect and support relative caregivers, improve outcomes for children in foster care, provide for tribal foster care and adoption access, improve incentives for adoption and other purposes.  It improves the transition planning process for aging out of the foster care system. It requires the Department of Human Services and local schools to work together regarding foster children’s success at school.  [3/11: 50-0]

 

SF 236 changes the reimbursement methodology for Psychiatric Medical Institutions for Children (PMICs).  The current methodology sets a per diem rate which has constrained the ability of PMIC providers 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.  [3/5:  46-0 (Houser, Johnson, McKinley, Zaun excused)]

 

SF 319 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.  [3/9:  47-0 (Behn, Hartsuch, Seng excused)]

 

COMMITTEE ACTION:

 

SF 179 establishes a pilot project supporting high-quality child care for low-income children under the Child Care Assistance program.   [3/11: short form (Hartsuch, Johnson, Seymour “no”; Boettger excused)]

 

SF 271 modifies the definition of “child in need of assistance” to include situations where a parent, guardian, or other custodian knowingly allows a child to access obscene material.  It also modifies the term of “child abuse” to include situations where a person responsible for the care of the child has knowingly allowed the child access to obscene material.  [3/9: short form]

 

SF 323 allows foster care providers to request specific additional information about foster children’s health records and also requires the information to be supplied in a timely manner.  [3/11: short form (Boettger excused)]

 

SSB 1002 is the mental health parity bill.  It requires coverage benefits for mental health conditions based on rates, terms and conditions which are no more restrictive than the rates, terms, and conditions associated with coverage benefits for other health conditions.  This is considered “full parity.”  [3/11: 8-4 (Bartz, Hartsuch, Johnson, Seymour “no”; Boettger excused)]

 

SSB 1142 addresses the professional relationship between long-term care facilities for the elderly and the Department of Inspections and Appeals.  The bill doubles Class I fines; conforms to federal guidelines on inspectors’ conflict of interest and notification timelines; and establishes health care training requirements for inspectors equal to the lowest level of training required for certified nurse aides who work in the facilities.  [3/11: short form]

 

SSB 1179 creates a quality assurance assessment fee, also known as a nursing facility provider tax, authorizing an assessment fee to be imposed on nursing facilities.  The purpose of the fee is to generate dollars that can be used to draw down additional federal dollars.  The bill also directs that some of the revenue generated by the fee be used to increase the salaries of direct care workers.  [3/11: short form (Seymour “no”; Boettger excused)]

 

SSB 1255 requires that a registered nurse shall be present in each separate operating room where surgery is being performed.  [3/9:  short form]

 

 

 

STAFF CONTACT:    Cathy Engel

 

SJR 5 – Constitutional Amendment Eliminating Requirement of Oath

SF 205 – Testing For Infectious Diseases

SF 209 – Department of Public Safety Technical Bill

SF 229 – County Magistrate Appointing Commissions

SF 285 – Magistrate Jurisdiction, Simple Misdemeanors, Scheduled Violations

SF 320 – Charitable Trusts

SF 345 – Minutes of Evidence– Addresses of Witnesses

SSB 1206 – Dependent Adult Abuse

SSB 1275 – OWI Chapter Reorganization

SSB 1277 – Non-substantive Code Editor’s Bill

SSB 1284 – Uniform Adult Guardianship and Protective Proceedings Act

SSB 1295 – Substantive Code Editor’s Bill

SSB 1301 – Abandoned Property

 

FLOOR ACTION:

 

SJR 5 would change Iowa’s Constitution so law enforcement officers would not be required to sign certain information charging an offense under oath (which currently has been interpreted to mean that the officer must sign under oath before another officer or a notary that the charging information is true). Under this proposed constitutional amendment, the oath requirement would still be necessary for any information relating to any crime for which a person could be imprisoned or jailed. For all other information, officers will sign under penalty of perjury. [3/11: 50-0]

 

SF 205 requires that if a person under supervision of Community Based Corrections (CBC) assaults someone by spitting or otherwise causing an exchange of bodily fluids, or causing bodily secretions to be cast upon another person, that person shall submit to the withdrawal of a bodily specimen for testing to determine if the person is infected with a contagious infectious disease.  If the person refuses to be tested, an application may be made by the CBC Director to the district court for an order compelling the person to submit to the withdrawal and any available treatment if the person is infected. [3/9: 49-0, Behn excused]

 

SF 209 relates to the practices and procedures of the Department of Public Safety and other law enforcement agencies.  The bill specifies that any renovation of certain state buildings and buildings owned by the State Board of Regents shall be subject to a plan review under the state building code by the Department of Public Safety.  The bill also provides that upon request of a law enforcement agency, a court may order that a portion of a controlled substance (drugs) subject to forfeiture and destruction pursuant to Iowa law, become the possession of the requesting law enforcement agency for the purpose of “drug dog” training.  The bill provides for procedures to be followed regarding a record of what happened and who controlled the drugs that were subject to forfeiture or retained by a law enforcement agency for training of their “drug dogs”.  In addition, the bill provides that custody and adjudication data of a juvenile shall remain part of the criminal history data of that juvenile after the juvenile has reached 21, if that juvenile was required to register on the sex offender registry and that requirement continues after the age of 21. [3/5:  46-0; Houser, Johnson, McKinley, Zaun excused]

 

SF 229 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. [3/5:  46-0, Houser, Johnson, McKinley, Zaun excused]

 

SF 285 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. [3/9:  47-0, Behn, Hartsuch, Seng excused]

 

SF 320 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. [3/9:  47-0, Behn, Hartsuch, Seng excused]

 

COMMITTEE ACTION:

 

SF 345, as amended in Committee, provides that the minutes of evidence (criminal charging documents) will include the name and occupation of any witness and testimony that is expected of the witness, and an address for the witness, which can be any one of three options: the witness’s residential address, employment address, or an address at which the witness may be contacted.  [3/11:  short form]

 

SSB 1206, as amended in Committee, makes changes to Chapter 235B of the Code relating to the Dependent Adult Abuse Services – Information Registry.   The bill adds “the transmission, display, taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of a dependent adult by a caretaker for a purpose not related to treatment or diagnosis or as part of an ongoing assessment, evaluation or investigation” to the definition of sexual exploitation (of a dependent adult).  In addition, the bill establishes that if a caretaker of a dependent adult who has consented to services, refuses to allow provision of services, then the Department of Human Services may petition the probate court in the county where the dependent adult resides for an order enjoining the caretaker from interfering with the provision of services.  The petition must be verified and is to include the name, date of birth and address of the dependent adult; the protective services required; and the name and address of the caretaker refusing provision of services.  A hearing is to be set on the petition within 14 days of the filing of the petition and the dependent adult and the caretaker must receive at least five days notice of the hearing.  The bill also sets out the requirements for a petition when the dependent adult lacks the capacity to consent to services and the caretaker refuses to allow services.   The bill also makes it a serious misdemeanor for a caretaker to intentionally or knowingly commit dependent adult abuse.  [3/11:  short form]

 

SSB 1275, as amended in Committee, reorganizes and restructures Iowa Code section 321J.2 relating to operating-while-intoxicated (OWI) criminal offenses.  The bill reorganizes criminal penalty, sentencing, and related license revocation provisions.  The bill also duplicates certain provisions in Code sections 321J.4 (revocation of licenses, ignition interlock devices, and temporary restricted licenses), 903.1 (maximum term of imprisonment for first offense OWI offenses) and others, and places these provisions in Code section 321J.2.   These revisions are nonsubstantive.  Enactment date is December 1, 2009. [3/11:  short form]

 

SSB 1277 is the nonsubstantive Code Editor’s bill, which is submitted each year to make Code changes that are considered nonsubstantive and noncontroversial.  The changes made in this bill include numerical updates (including subchapter and chapter references to sections that have been renumbered, etc.), terminology and name corrections, grammatical changes, corrections of clerical errors, standardizations of Code citations, updates to Code hierarchy, updates of Code section style and formal, and technical corrections. [3/11:  short form]

 

SSB 1284 creates the uniform adult guardianship and protective proceedings Act relating to the establishment, transfer, and recognition of guardianships and conservatorships in multistate cases, and includes and effective date of July 1, 2010 for various provisions of the Act.  The Act clarifies which state would have primary jurisdiction in guardianship and conservatorship proceedings if there is a conflict.  In addition, the bill provides for the transfer of guardianships and conservatorships (“protective orders” in the bill) from one jurisdiction to another, as well as for the registration of a guardianship or conservatorship in a jurisdiction other than that of the guardianship or conservatorship.  The bill would allow Iowa courts to provide assistance when the court of another state is involved in a guardianship or conservatorship proceeding about which there might be information in Iowa.  In addition, it provides for Iowa to communicate and cooperate with courts in other jurisdictions when there is a guardianship or conservatorship proceeding in Iowa and information related to the proceeding might be available in another jurisdiction. [3/11:  short form] 

 

SSB 1295 is the substantive Code Editor’s bill, which includes various non-policy changes to the Code including;  redrafts of Code sections to improve structure of Code section content: corrections to language to conform to other Code language or current practices; eliminates conflicting language; eliminates ambiguous language; updates, repeals, or strikes obsolete language; repeals or strikes redundant language. [3/11:  short form]

 

SSB 1301 amends Iowa Code sect5ion 657A.10A relating to the authority of a city to petition a court to enter judgment awarding title to abandoned property located in the city.  The bill requires the city to attempt to notify the owner and other specified interest holders of the property by certified mail of the city’s intent to acquire the property at least 30 days prior to filing a petition. The bill also requires the city to post the notice in a conspicuous place on the building.  The bill requires the city to set forth in the petition the fair market value of the property in the property’s condition existing on the date the petition is filed as determined by an appraisal prepared for the city, the amount of delinquent property taxes or special assessments on the property, and evidence that the cit attempted to notify the owner and interest holders prior to filing the petition.  The city is required to attach a copy of the appraisal to the petition.  The bill also requires the city to pay an award of damages to the respondents if the city is awarded title to the property.  An award is required to be equal to the fair market value of the property in its current condition, including consideration of the costs that may be incurred in cleaning up or repairing the property.  The bill authorizes the city to take possession of the property upon deposit of the award with the clerk of the district court.  Under the bill, if the amount deposited with the clerk of the district court is not claimed within two years of the date of deposit, the clerk of the district court is required to transfer the money to the city for deposit in the city’s general fund.  [3/11:  short form]

 

 

 

STAFF CONTACT:    Sue Foecke

 

SF 157 – Wage Payment

SF 262 – Penalty Benefits in Workers’ Compensation Cases

SF 318 – Duties and Regulations under the purview of the Labor Commissioner

 

FLOOR ACTION:

 

SF 262 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.  [3/9: 30-19, Behn “excused”]

 

SF 318 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. 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. [3/9: 47-0, Behn, Hartsuch, Seng “excused”]

 

COMMITTEE ACTION: 

 

SF 157 relates to wage payment collection issues. In committee, a strike-all amendment was adopted. As amended, the bill no longer addresses the misclassification of employee. The bill puts the burden on the employer to establish the legality of deductions from employee wages and requires that the employer must obtain a written authorization for certain deductions in advance. The bill extends current requirements for pay stubs to include pay based on commissions and the number of tasks performed.  In addition, the bill strengthens the enforcement to collect wages owed to employee and further protects whistle blowers. The bill establishes personal liability for certain corporation officers, members and managers of LLCs, and partners.  The effect date is January 1, 2010. [3/11: 6-4 (all Republicans voting “no,” Gronstal “excused”]

 

 

 

STAFF CONTACT:    Kerry Wright

 

SF 266 – Publication of Property Equalization Orders

SF 288 – Recorder Clean up

SF 291– Certified Retirement Communities

 

FLOOR ACTION:

 

SF 266 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. [3/11: 50-0]

 

SF 288 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. [3/9: 47-0 (Behn, Hartsuch, Seng “absent”)]

 

SF 291 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 in economic development and tourism. [3/9: 47-0 (Behn, Hartsuch, Seng “absent”)]

 

 

 

STAFF CONTACT:    Jace Mikels

 

SF 187 – Allowing non-ambulatory persons to hunt deer

SF 338 – Upland game bird and deer study advisory councils

SF 375 – Non-resident hunting and fishing fee increases

SF 388 – Modifying conservation and recreation regulations under the Department of Natural Resources

 

FLOOR ACTION: 

 

SF 187 would allow a person who is non-ambulatory (i.e., having paralysis in the lower half of the body) to obtain a license to hunt deer in any deer season that has been established by the Department of Natural Resources (DNR).  Presently, deer licenses that are issued for a certain season can only be used in the season for which they are issued.  [3/11: 50-0]

 

SF 338 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.

 

The bill also re-establishes the deer study advisory council.  The council presented a report to the General Assembly this year which included their recommendation for improving the state’s management of the deer population.  The council asked to be reauthorized to meet for another year to assess any progress that has been made on their recommendations and on the management of the deer population.  In addition, the council will continue to look into other issues that they believe they did not fully address with last year’s report.  [3/11: 50-0]

 

COMMITTEE ACTION:

 

SF375 increases hunting and fishing license fees for non-resident hunters and fishers.  The bill also makes changes to allowed hunting practices on licensed hunting preserves, and increases the age when a person qualifies for a lifetime hunting or fishing license from 65 to 67.  [3/5: short form]

 

SF 388 makes various changes to regulations for conservation and recreation activities under DNR, including:

·        Changing regulations for off-road utility vehicles and ATV’s

·        Increasing civil penalties for the illegal taking of certain fish and bobcats

·        Exempting falconers from the requirement on the use of blaze orange clothing

·        Increasing fees and creating new licenses regarding the commercial harvesting or turtles, fish and fish roe

·        Clarifying residency requirements for hunting and fishing licenses

·        Making changes to the preference point system for non-resident hunters

Giving DNR the authority to create license packages, which could reduce the amount of license-writing fees a person would have to pay.[3/5: short form]

 

 

REBUILD IOWA

 

STAFF CONTACT:    Theresa Kehoe

 

SF 289 – Jumpstart Housing Program

SF 367 – Flood Damage Prevention and Insurance

SF 370 – Flood Center

SF 377 – Prescription Drug Donation Depository


FLOOR ACTION

 

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 years, which is the same as the small business and landlord programs.  [3/9: 47-0, Behn, Hartsuch, Seng excused]

 

COMMITTEE ACTION

           

SF 367 relates to flood damage prevention and insurance.  Highlights include:

·        Storm Water Management Standards

  • The Department of Natural Resources (DNR), in cooperation with the Department of Agriculture and Land Stewardship (DALS), is required to adopt storm water management standards designed to limit water runoff, reduce flood damage, and improve water quality. 
  • All cities and counties are required to adopt development standards to incorporate storm water management standards.
  • A city or county is prohibited from approving public funding or the use of tax increment financing for any project or development that does not conform to storm water management standards or that is located in a 500-year flood plain that is not designed to mitigate future flood damage. 
  • The Department of Administrative Services is required, for real property projects beginning construction on or after July 1, 2010, to incorporate storm water management standards.
  • Financial assistance for economic development shall not be given for purposes of a vertical infrastructure project unless the project incorporates storm water management standards. 
  • The Board of Regents is required, for construction projects beginning on or after July 1, 2010, to incorporate storm water management standards.

 

·        Flood Insurance

 

·        Watershed Improvement Fund

  • SF 367 adds priorities for use of moneys in the Watershed Improvement Fund to include use of moneys for structures and conservation systems for the prevention and mitigation of floods within the watershed of the project and removal of channels of waterways to allow waterways to meander.

 

·        Flood Mitigation Planning

 

SF 370 creates an Iowa Flood Center at the University of Iowa.  The Iowa Flood Center is required to:

·        Develop hydrologic models for physically based flood frequency estimation and real-time forecasting of floods, including hydraulic models of floodplain inundation mapping.

·        Establish community-based programs to improve flood monitoring and prediction along Iowa's major waterways and to support ongoing flood research.

·        Share resources and expertise of the Iowa Flood Center.

·        Assist in the development of a workforce in the state knowledgeable regarding flood research, prediction, and mitigation strategies.

 

Currently, the Department of Natural Resources and the Water Resources Coordinating Council are responsible for regional watershed assessment, planning, and prioritization; community-based sub-watershed improvement plans; and community-based sub-watershed monitoring.  The bill moves many of these duties to the Iowa Flood Center with some modifications. 

 

The Flood Center is required to create a regional watershed assessment program which will be completed within three years.  The Flood Center is required to provide hydrologic and geologic information sufficient for the Water Resources Coordinating Council to prioritize watersheds statewide and for the various communities in those watersheds to plan remedial efforts in their local communities and sub-watersheds. 

 

The bill requires the Flood Center to report the results of the assessment to the Water Resources Coordinating Council and the General Assembly.  The Flood Center is then directed to initiate the organization of an interagency integrated water resources committee to facilitate the development and implementation of local, community-based sub-watershed improvement plans. 

 

The Flood Center is required to develop and implement physically based hydrologic models to improve watershed and community scale flood prediction and mitigation planning.  The Flood Center is required to produce flood inundation maps relating the spatial extent of flooding to predicted stream flows.  The Flood Center is required to implement statewide programs to educate Iowans on water quality, best management practices, and flood risk and mitigation.  The Flood Center will provide technical training to water resources professionals in state agencies, city and county administrators, and private companies.  SF 370 appropriates $1.3 million in FY10 and $2.3 million in FY11 from the state General Fund to the University of Iowa for the Iowa Flood Center.  [3/5: 7-3, Hamerlinck, Hahn, Reynolds “no,” Dvorsky “pass,” Feenstra, Houser absent]

 

SF 377 allows the Department of Public Health (DPH) to participate in the prescription drug donation repository program.  Currently, pharmacies and medical facilities participate in the program.  The DPH may receive and distribute such prescription drugs and supplies during or in preparation for a proclaimed state of disaster emergency or a public health disaster.  The DPH is required to adopt rules.  The bill also provides immunity from civil and criminal liability for the DPH, or the department's employees, agents or volunteers acting reasonably and in good faith under the program.  [3/5: 11-0, Feenstra, Houser absent]

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

SF 225 – Purchase of Service Credit

SF 295 – Leases on Properties

SF 305 – Pari-mutuel Audits

 

FLOOR ACTION:

 

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.  [3/5: 46-0, Houser, Johnson, McKinley, Zaun, excused]

 

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. [3/9: 47-0 (Behn, Hartsuch, “no”; Seng excused]

 

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. [3/9: 47-0, Behn, Hartsuch “no”; Seng absent]

 

 

 

STAFF CONTACT:              Hannah Garden-Monheit

 

SSB 1185 DOT omnibus

SF 272 Decal for low-lying vehicles

SF 294 Biodiesel mandate

 

COMMITTEE ACTION: 

 

SSB 1185, as amended in committee, is the Department of Transportation’s omnibus bill.  It provides technical changes relating to Iowa Code chapters affecting the operations of the Department of Transportation (DOT).  It updates, corrects and adds consistency to these provisions.  Provisions of note include:

       Sections 3 and 4 clarify that a person is disqualified from operating a commercial vehicle if the person commits the offense of operating a noncommercial motor vehicle while intoxicated;  Section 7 requires the DOT to rescind the disqualification of a Commercial Drivers’ License (CDL) if it was imposed as the result of the person operating a noncommercial motor vehicle while intoxicated and the noncommercial license revocation is rescinded

       Section 8 eliminates a provision allowing DOT to waive or refund drivers license fees if the DOT determines that the standard for timely service has not been met

       Sections 15 through 20 make several amendments to chapter 321H, Vehicle Recyclers, including a penalty for persons convicted of a fraudulent practice or indictable offense in connection with selling or other activity relating or motor vehicles

       Section 26 codifies that DOT motor vehicle enforcement officers may conduct compliance reviews of interstate trucking companies at the motor carrier’s place of business

       Amendment 501 removes aviation fuel gallons from the formula for ethanol market share used by the Department of Revenue to calculate fuel taxes

       Amendment 701 caps TIME-21 at $225 million [3/10: short form]

 

SF 272 allows the DOT to issue a registration decal for use on a low-profile motor vehicle in lieu of a front registration plate.  The bill establishes a $10 fee for the decal and requires the department to decide by rule eligible low-profile vehicles.  The unused registration plate must be carried in the vehicle at all times. [3/10: short form, failed]

 

SF 294 states that all diesel sold in Iowa must be biodiesel.  The bill mandates a minimum blend of B5 in 2009, B10 in 2012, and B20 in 2015.  The bill also allows the DOT or the Governor to suspend the threshold increases under certain circumstances, creates rules for fuel labeling, and eliminates the biodiesel blended fuel tax credit. [3/10: short form]

 

 

 

STAFF CONTACT:              Julie T. Simon

 

SF 241 – Update Iowa Code references to federal Veterans Administration

SF 253 – Active-duty military income tax return timelines

SF 254 – Report on county V.A. commission 

SSB 1006 – Definition of ‘resident’ for tuition, fees for veterans*

SSB 1151 – Rights, responsibilities of IVH members

 

FLOOR ACTION:

 

SF 241 changes Iowa Code references to the federal “Veterans Administration” and “Administrator of Veterans Affairs” to “United States Department of Veterans Affairs” and “Secretary of the United States Department of Veterans Affairs.”  In 1989, the Veterans Administration became a Cabinet-level department under the direction of a Secretary appointed by the President.  [3/5: 46-0]

 

SF 253 expands current law so that any active-duty service member deployed outside of the United States has additional time to file state income taxes. The Iowa Department of Revenue will grant a 90-day grace period after the taxpayer ceases to be on active duty before assessing a tax penalty and interest on the amount due. The additional time period applies to the spouse filing jointly or separately on a combined return.  It is retroactive to January 1, 2008, and applicable to tax years on or after that date.  The original proposal was amended by the Committee.   [3/9: 49-0]

 

SF 254 requires the Iowa Department of Veterans Affairs to prepare and submit an annual report to the Governor and the General Assembly by June 30 relating to activities of the county commissions of veteran affairs. Copies must be provided electronically to each county board of supervisors and to each county commission of veteran affairs.  

 

The report will include information related to compliance with the training requirements, operating schedules of each office, number of hours of veterans' services provided by each county executive director or administrator, county population information and the number of veterans residing in each county, and the total amount of federal compensation, disability benefits and pensions received by the residents of each county. It must also include an analysis of the information reported, including information from previous years. [3/9: 49-0]

 

COMMITTEE ACTION:

 

SSB 1006/SSB 1168* requires the Board of Regents and the boards of directors of the Iowa’s community colleges to adopt rules that classify qualified military veterans and their spouses and dependent children who reside in the state while enrolled in a Regents’ university or community college, as “residents” for purposes of tuition and fees.

The qualified veteran must be eligible for benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 and be domiciled in Iowa, whether or not the   veteran is attending classes, in order for the spouse or dependent child to be eligible for status as a resident. 

 

The Committee unanimously approved an amendment that incorporates SSB 1168 into this proposal.  It directs the Regents and community colleges boards to adopt rules that include a servicemember on active duty in the U.S. military and family stationed at Rock Island arsenal to qualify for resident status for tuition and fees.  If the servicemember is transferred, deployed, or re-stationed while the spouse or child is enrolled in an Iowa public post-secondary institution, the “resident status” will continue until the close of the fiscal year in which the individual is enrolled.  [3/10: short form]

 

SSB 1151, as amended, addresses involuntary discharge of a member of the Iowa Veterans Home in instances where the commandant determines there is an immediate danger to the health, safety or welfare of residents of the home, and other reasonable alternatives have been unsuccessful.  Before discharging a member, the commandant will receive input from and a recommendation by the interdisciplinary resident care committee. [3/10: short form]

 

 

 

STAFF CONTACT:              Kris Bell

 

SF 322– Department of Revenue’s Technical Changes

 

FLOOR ACTION:

 

SF 322 provides technical changes relating to Iowa 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.  [3/9:  47-0 (Behn, Hartsuch, Seng excused)]