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Senate
Democrats Week 10 Committee Action - March 18, 2009
ENVIRONMENT
& ENERGY INDEPENDENCE STAFF CONTACT: Kerry Wright SF 405 – Disposal of dead animal bodies by veterinarians FLOOR ACTION: SF 405 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 include 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. [3/18: 50-0] STAFF CONTACT: Theresa Kehoe SF 142 – Innovation
& Commercialization Fund SF 344 – COMMITTEE ACTION SF 142
makes changes relating to the Iowa Department of Economic Development (IDED),
including: Division I –
Innovation and Commercialization Fund ·
HF 829 passed in the 2007
session codified the functions of the Battelle reports concerning
biosciences, information technology and advanced manufacturing and provided
funding for activities to increase these industries in ·
A total of 11 different
line-item appropriations were contained in HF 829. IDED is asking to combine
those 11 line-item appropriations into one fund to provide for more
flexibility in managing these activities.
Some of these activities include:
o Internship opportunities for targeted
industries o Career awareness activities o Prototype development o Developing a state-wide commercialization
network o Asset mapping and supply chain initiatives o Information Technology training o Funding student competitions ·
Total funding for this is $6.9
million from three different sources of funding. Division II – Tax
Credits for 3rd Party Developers o
3rd party
developers that are eligible for tax credits must first submit a form to IDED
before sending the same form on to the Dept. of Revenue. o
IDED adds no value to this
process and the Dept. of Revenue agrees that IDED should be removed from this
process Division III –
Appropriations o
This division allows the Jump
Start funding to carry forward into the next fiscal year if it is not
expended by the end of FY09. This is
under the Administrative Division of Department. This is reversion language is repeated in
both the Business Development Division and the Community Development Division
in IDED’s budget bill. o
This division allows the
Targeted Small Business supplemental appropriation from the FY07 session to
carry forward through FY10 in order to continue to operate the program until
the funding is gone. Division IV –
Strategic Plan Last session, the IDED
consolidated its reporting to the Legislature and cleaned up language in the
Code that was obsolete. The strategic
plan item is a clean up item that was forgotten last year. This is being removed becomes Iowa Code
Chapter 8E now requires all state agencies to develop strategic plans. [3/12:
short form] SF 344
was referred to Appropriations from the Economic Growth Committee. SF 344 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. SF 344 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). [3/12: short form (Bolkcom, Jochum, Dearden “no”] STAFF CONTACT: Julie T. Simon SF 355 – IDOB
mortgage licensure, regulation omnib SF 374 – Restrictions on resale, FLOOR ACTION: SF 355 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 ind The bill also includes a severability cla SF 374 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 bill clarifies that the certified
record can be STAFF CONTACT: Sue Foecke SF 142 – Changes relating to the Iowa Department
Economic Development FLOOR ACTION: SF 142 makes
changes relating to the Iowa Department of Economic Development (IDED),
including: Division I – Innovation and Commercialization Fund ·
HF 829 passed in the 2007 session codified the functions
of the Battelle reports concerning biosciences, information technology and
advanced manufacturing and provided funding for activities to increase these
industries in · A total of 11 different line-item appropriations were contained in HF 829. IDED is asking to combine those 11 line-item appropriations into one fund to provide for more flexibility in managing these activities. Some of these activities include: o Internship opportunities for targeted industries o Career awareness activities o Prototype development o Developing a state-wide commercialization network o Asset mapping and supply chain initiatives o Information Technology training o Funding student competitions · Total funding for this is $6.9 million from three different sources of funding Division II – Tax Credits for 3rd Party Developers o
3rd party developers that are eligible for tax
credits must first submit a form to IDED before sending the same form on to
the Dept. of Revenue. o IDED adds no value to this process and the Dept. of Revenue agrees that IDED should be removed from this process Division III – Appropriations o
This division allows the Jump Start funding to carry
forward into the next fiscal year if it is not expended by the end of FY09.
This is under the Administrative Division of Department. This reversion
language is repeated in both the Business Development Division and the
Community Development Division in IDED’s budget bill. o This division allows the Targeted Small Business supplemental appropriation from the FY07 session to carry forward through FY10 in order to continue to operate the program until the funding is gone. Division IV – Strategic Plan Last session, the IDED consolidated its reporting to the Legislature and cleaned up language in the Code that was obsolete. The strategic plan item is a clean up item that was forgotten last year. This is being removed becomes Iowa Code Chapter 8E now requires all state agencies to develop strategic plans. [3/18: 50-0] STAFF CONTACT: Bridget Godes SF 360 –
Accreditation and reorganization of school districts FLOOR ACTION: SF 360 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 263 – Posting of
signs at discharge points SF 423 – Dispensing
of ethanol blended gasoline HF 281 – Clean
water and drinking water revolving loan funds FLOOR ACTION: SF 263 would require holders of individual National Pollutant Discharge Elimination System (NPDES) permits to post a sign at the point of discharge of wastewater that would identify the holder of the permit associated with that discharge point. The sign would also include the website address of an Internet page operated by the Department of Natural Resources (DNR) where individuals can find more information about the permit. NPDES permit holders who do not have a discharge point are excluded from the posting requirement. Other permit holders would be able to obtain a waiver for the posting requirement from the DNR if they can show evidence of a security concern that may arise by posting the location of the discharge point from their facility. [3/18: 26-24 (Republicans, Courtney, Dandekar, Hancock, Rielly, Schoenjahn, and Wilhelm “no”)] SF 423 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. [3/18: 50-0] HF 281 is a technical clean-up bill regarding the state’s clean water and drinking water revolving loan funds. The Department of Natural Resources and the Iowa Finance Authority jointly administer these financing programs. [3/17: 50-0] STAFF CONTACT: Kris Bell SF 323 – Health
Records of Foster Children SF 394 –
Circulating Nurses in Operating Rooms SF 414 – High
Quality Child Care Pilot Project HF 314 – IDPH
Omnibus policy bill FLOOR ACTION: SF 323 requires DHS to provide health and other records regarding foster children to their foster parents in a timely manner. [3/17: 50-0] SF 394 requires a circulating nurse, qualified by training and experience in operating room nursing, to be present in each separate operating room where surgery is being performed. [3/17: 49-0 (Hahn excused)] SF 414 provides for a pilot project supporting high-quality child care for low-income children under the state child care assistance program. [3/18: 33-17 (all Republicans except Bartz voted “no”] COMMITTEE ACTION: HF 314 is the Iowa Department of Public Health’s policy bill. It has three divisions that make changes to programs within the IDPH. Division I responds to a federal requirement that states establish a program to certify and train renovators where they may disturb lead-based paint. Division II makes updates to the Code regulating Universal Newborn and Infant Hearing and Screening. Division III relates to multiple changes to the Department’s authority to respond in a disaster situation. [3/16: short form] STAFF CONTACT: Cathy Engel SF 358 – Foreign SF 364 – Mortgage
Foreclosures SF 365 – Probate
Bill Relating to Trusts and Estates SF 425 – Minutes of
Evidence and Witnesses Addresses SF 431 –
Reorganization of OWI Code Chapter SF 438 – Dependent
Adult Abuse FLOOR ACTION: SF 358 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 SF 364, as amended, makes several changes relating to mortgage foreclosures, including:
SF 365 relates to trusts and estates and small estates. Highlights of the bill include:
SF 425 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. Providing the options for an address at where a witness can be reached means that a witness’s home address does not have to be listed on the charging document that is provided to the defense. [3/18: 50-0] SF 431 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. [3/18: 50-0] SF 438 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, 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. [3/18: 50-0] STAFF CONTACT: Kerry Wright SF 426 –
Residential geothermal heating exemption SF 429 – Parking on
left side of street SF 435 – Right to
enter property by surveyors SF 436 – Satellite
voting station observers SF 437 – Drainage
district meetings and records open to public SF 434 – Abandoned
Property SF 441 – Local
emergency management COMMITTEE & FLOOR ACTION: SF 429 authorizes cities to adopt an ordinance allowing vehicles to park on left side of street [3/12: short form] [3/18:50-0] SF 436 requires the county auditor to notify the political parties of the time and place of operation of satellite voting stations in order to allow the parties to appoint observers to be present at the stations. [3/12: short form] [3/18:50-0] SF 437 requires drainage district meetings to comply with the open records law. [3/12: short form] [3/18:50-0] SF 441 makes changes to local emergency management programs and statewide mutual aid compact and commissions. Currently, the compact is “opt-in” and this bill changes it to an “opt-out” compact where the compact automatically applies unless a government states it does not want to be part of the compact. Also, the bill requires the agency’s approved budget to be funded by one or a combination of certain funding options. Finally, a property tax levy for emergency management must be itemized on the property tax statement and the levy amount must be submitted to county board of supervisors for approval. [3/12: short form (Reynolds, Houser, Hamerlinck, Kapucian “no”] [3/18: 50-0] COMMITTEE ACTION: SF 426 states that a geothermal heating or cooling system constructed or installed on new or existing residential property will not increase the value of the property for purposes of property taxation for 10 full assessment years. The bill applies to assessment years beginning on or after January 1, 2010. [3/12: short form] SF 434 deals with judicial actions affecting nuisance properties. It requires a municipal citation issued under code section 364.22 relating to a nuisance on real property or a petition relating to a nuisance for a title to property be indexed by the clerk of court. In addition, upon request of the city, the clerk of court is required to forward a copy of the citation or petition to the county treasurer. Also requires the treasurer to include a notation of the pendency of the action against the property in any future tax sale proceeding involving the property. [3/12: short form] SF 435 creates a right to enter property by licensed surveyors in order to locate boundaries, survey monuments, etc. [3/12: short form (Reynolds, Houser, Hamerlinck, Kapucian “no”] REBUILD
STAFF CONTACT: Theresa Kehoe SF 289 – Jumpstart
Housing Program SF 367 – Flood
Damage Prevention and Insurance SF 370 – SF 377 –
Prescription Drug Donation Depository
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. [3/12: 49-0, Boettger excused] COMMITTEE ACTION
SF 367 relates to flood damage prevention and insurance. Highlights include: ·
Storm
Water Management Standards
·
Flood
Insurance
·
Watershed
Improvement Fund
·
Flood
Mitigation Planning
SF 370 creates an Iowa Flood Center at the University of Iowa. The Iowa Flood Center is required to:
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 The The bill requires the The STAFF CONTACT: Theresa Kehoe SF 286 – Licensing
of Recreational Therapists SF 301 – Bidding
Requirements for Public Improvement Projects SF 341 – Assistive
Animals SF 420 – Wine and
Beer SF 421 – Multiple
Sclerosis Lottery Games SF 424 – Precinct
Caucuses SF 427 – Department
of Human Services Reorganization SF 428 – Amusement
Devices SF 443 –
Defibrillators in Physical Exercise Facilities FLOOR ACTION:
SF 286 creates new Code chapter 148F, which requires the licensure of recreational therapists. The bill provides for the establishment of a five-member recreational therapy board consisting of three members who are recreational therapists and two members who represent the general public. The bill provides for fees to fund the board and provides penalties for violation of the practice requirement. [3/17: 34-16] 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. [3/17: 50-0] SF 341 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. [3/12: 50-0] FLOOR & COMMITTEE ACTION: SF 428 increases the value of merchandise that can be awarded from an electrical and mechanical amusement device from a maximum of $5 to a maximum of $50. [3/12: short form (Behn, Black, Courtney, Hartsuch, Wieck, “no”)] [3/18: 44-6 (Behn, Feenstra, Hamerlinck, Hartsuch, Johnson and McKinley “no”)] COMMITTEE ACTION: SF 420 allows a person employed by a class "A" native wine permittee to also be employed by a native brewery if the person does not have an ownership interest in either licensed premises. [3/12: short form] SF 421 requires the Lottery Authority to develop
and conduct one additional instant scratch and one
additional pull-tab lottery game annually for the benefit
of persons with multiple sclerosis. Moneys received from the games, less prizes, shall be transferred to the multiple sclerosis support fund. Moneys in the fund shall be used for
providing financial assistance to organizations SF 424 states that a person is entitled to unpaid time off from work to attend a presidential precinct caucus for up to four hours beginning one hour prior to the start of the precinct caucus. The employee is required to make a written application at least 14 days prior to the caucus. The employee is not liable for any penalty nor shall any deduction be made from the person's regular salary or wages except for the period of time of the absence. The requirement to allow time off does not apply if the person is employed in an emergency services position or by an entity that would experience severe economic disruption due to the person's absence. The employer would file a written notice with the county commissioner of elections specifying the circumstances justifying the denial of such leave and the minimum number of persons needed, by position, to protect public health and safety or maintain minimum operational, the number of persons not applying for leave is less than the minimum number specified by the employer, and the denial of leave for those number of persons needed to reach the minimum staffing number specified is done in a nondiscriminatory manner. An employer is permitted to provide paid leave for the absence or to allow affected employees the option to work the hours of the absence at such other time so long as either option is made available to all affected employees. An employer who denies an employee the privilege conferred by this bill to attend a presidential precinct caucus commits election misconduct in the fourth degree, a simple misdemeanor. 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 or by both. [3/12: short form (Feenstra, Behn, Hartsuch, Seymour, Wieck “no”] SF 427 changes the structure of the Department of Human Rights (DHR). SF 427 creates two new divisions within the DHR, the Division of Ethnic Minorities and Women and the Division of Disabilities, and renames the current divisions within the department as offices. The bill also provides that the administrators of the various divisions of the DHR, currently appointed by the governor, are eliminated. However, the bill does provide that the deputy director of the department shall be the coordinator of the office of Community Action Agencies. In addition, the bill reassigns duties and responsibilities between the offices and commissions within DHR. The Division of Ethnic Minorities & Women would include: Office of Latino Affairs, Office of African Americans, Office of Asian/Pacific Islanders, office of Native Americans and Office of Women Affairs. The Division of Disabilities would include the Bureau of Blind & Visually Impaired, Office of Disability and Office of Deaf & Hard of Hearing. The Community Action Agency and Criminal Justice & Juvenile Planning would be under the jurisdiction of the Deputy Director. SF 427 was referred back to the State Government Committee on March 17, 2009. [3/12: short form, without recommendation] SF
443 requires the placement of an automated external
defibrillator in every clinical exercise center and physical exercise club in
STAFF CONTACT: Hannah Garden-Monheit SF 356 (SSB 1266) –
Identity theft FLOOR ACTION: SF 356 (formerly 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 281 – SF 439 – State
income tax exemption on certain VTF benefits SF 440 – Access to
V.A. prescription drug benefits in health care facilities HF 214 – Interstate compact on educational opportunity for military children FLOOR & COMMITTEE ACTION: SF 440 (formerly
SF 257) directs the Departments of Inspections and Appeals,
Veterans Affairs, and Human Services to identify any
barriers to eligible health care facility residents in accessing their
prescription drug benefits provided through the U.S. Department of Veterans
Affairs (V.A). Prescription
drugs provided through the V.A. FLOOR ACTION: SF 281 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 HF
214 establishes the Interstate Compact on Educational Opportunity
for Military Children to remove barriers to educational
success imposed on children of military families beca It also sets up a Council
to provide advice and
recommendations regarding COMMITTEE ACTION: SF 439/SSB 1300 exempts certain benefits received from the
Veterans Tr |