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Senate
Democrats Week 11 Committee Action – March 25, 2009
ENVIRONMENT
& ENERGY INDEPENDENCE STAFF CONTACT: Theresa Kehoe SF 452 – Community
Grants for Energy Efficiency Projects COMMITTEE & FLOOR ACTION SF 452 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, which the Office of Energy Independence could disburse to groups for programs that focus on reducing energy consumption. Grants may be from $1,000 to $50,000. [3/24: 36-14; 3/19: 19-6] STAFF CONTACT: Julie T. Simon SF 279 – Electric
transmission franchise approval process SF 311 – Regulation
of debt management businesses SF 372 – Request
for statewide broadband policy development
interim study SF 379 – Use of
insurance loss history in issuance of dram shop insurance SF 403 – SF 404 –
Establishment of Local Food and Farm task force SF 447 –
Off-premises consumption of resealed bottles of wine HF 180 – Credit
Union Division complaint response process
HF 311 – Health
insurance coverage for certain prosthetics HF 477 – Confidential personal information on real estate declaration of value forms HF 478 – Health
insurance coverage for diabetes self-management training FLOOR ACTION: HF 180 is a
recommendation by the Credit Union Division of the Department of Commerce. It
establishes a complaint response process pursuant to administrative rule by
the State Superintendent of Credit Unions, similar to that of the Banking
Division. The process m The bill specifies
information obtained in the course of the process which m The bill specifies that disclosure
or release of information by the Superintendent in the course of an
administrative or judicial proceeding will not constitute a violation of the
bill's provisions. It authorizes disclosure of information which is otherwise
confidential if determined by the Superintendent to be in the public
interest. The Superintendent may share
such information with other regulatory authorities or government agencies and
publish information concerning a complaint if it is determined a violation of
federal or state law or administrative rule has occurred (subject to
redaction to protect personally identifiable information). The bill makes conforming changes to Iowa Code Chapter 22 relating to confidential records. HF 180 passed the Ho SF 279
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 The Iowa Utilities Board (IUB) may adopt rules defining
terms, setting steps for the abbreviated process, specifying the requirements
for the franchise petition, and landowner notification. The franchise may be granted if the IUB
finds the upgraded line is necessary to serve a public SF 311 is a
proposal brought forward by the Banking Division of the Department of
Commerce to address licensure and regulation of debt management b 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 money from a debtor to be distributed to creditors, m SF 372, as
amended, requests that the Legislative Council establishes a bipartisan,
10-member interim study committee to evaluate the need for statewide
broadband access, the extent to which such access exists, and the necessity
for and content of a statewide broadband policy. It will review excl SF 379 says 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 previo As in a majority of
states, SF 403 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 SF 404 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 Inspection and Appeals, the Director
(or designee) of Iowa State University’s Leopold Center for S SF 447 allows a person holding a license to sell alcoholic
liquors for consumption on the licensed premises (e.g., restaurants) to permit a c The re-sealed bottle is subject to Iowa’s “open container
laws,” which state that a driver m COMMITTEE ACTION: HF 311 requires certain health
insurance policies to cover medically necessary prosthetic devices designed
to replace, in whole or in part, an arm or leg. Coverage m It
applies to these types of policies: individual or group accident and sickness
insurance providing coverage on an expense-incurred basis; an individual or
group hospital or medical service contract; an individual or group health
maintenance organization contract; a plan established for public employees;
and an organized delivery system licensed by the Director of Public Health.
It does not apply to employer self-insured health coverage plan, beca The
bill applies to policies, contracts or plans delivered, issued for delivery,
continued or renewed in HF 477 addresses confidential personal information in real estate declaration of value statements. When real estate is conveyed, a declaration of value form (prescribed by the Iowa Department of Revenue/Property Tax Division) is signed by at least one of the sellers or buyers or their agents and submitted to the county recorder and assessor for further processing. It includes information about the real estate including the amount paid and facts and circumstances relating to the sale. This bill stipulates that the social security number and federal identification number of the seller or buyer is confidential. The bill passed the House 94-0. [3/24: short form] HF 478 provides that required
health coverage benefits for out-patient diabetes self-management
training include at least 10 hours of initial training
within a continuo STAFF CONTACT: Sue Monahan SF 344 – Changes to the FLOOR ACTION: 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. The bill contains 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 how 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 by the Iowa Department of Economic
Development (IDED) 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 establishes a disaster recovery component for applications for financial
assistance. To qualify for financial assistance, a 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 that 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. [3/23: 40-8 (Boettger, Ward “excused”)] STAFF CONTACT: Bridget Godes SF 416 – Allows
noncontiguous school district sharing SF 445 – Teacher
salary integration HF 687 – DE
paperwork duplication reduction FLOOR ACTION: SF 416 would allow school districts that are not 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 a 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. [3/23: 48-0 (Boettger, Ward excused)] SF 445 rolls Phase II and Teacher Quality into one salary schedule with “regular salary.” The bill will integrate all permanent, regular teacher salary into one salary schedule. Currently, teacher salaries consist of numerous items such as regular salary, education excellence, teacher quality mandated minimums, and the teacher compensation allocation. This creates a very confusing and inefficient salary system. Administration of salaries includes separate accountability for each item, separate bargaining, and usually separate checks. This legislation proposes that all teacher salary funds are integrated into one salary schedule for each school district by July 1, 2010. This includes regular salary, Phase II, and the teacher compensation allocations. The integration is possible because the salary funds have been rolled into the school aid formula. Section 10 of the bill repeals the language for the Education Excellence Program (which is made up of Phase I and Phase II). We do this because "Ed Excellence" doesn't really exist anymore since we rolled Phase II into the categorical allowable growth funding formula. This is Code clean-up for this program that is now fragmented. This bill does not appropriate any money, nor does it delete any funding. Decision on funding levels for what is left of the Ed Excellence program (Phase I) will be made on Standings and through the Appropriation process, as we have done in previous years. [3/19: 32-16 (party line; Johnson, Ward excused)] COMMITTEE ACTION: HF 687 was proposed by the Department of Education. The intent is to eliminate outdated sections to reflect best practices currently in place in the department. Certain reporting duplications include aspects of GED, graduation rate, character education, reading assessment and financial reporting. The bill also allows the School Budget Review Committee to post agendas on their website and strikes certain DE reports to the Legislature that are now covered by other reporting and/or their departmental prefiles. [3/25: Short Form (Boettger, Hamerlinck “no”)] ENVIRONMENT & ENERGY
STAFF CONTACT: Jace Mikels SF 339 – Wastewater
treatment facility assistance and compliance FLOOR ACTION: SF 339 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 guidelines for the Department of Natural Resources 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 to improve water quality, and establishes guidance for the use of alternative technologies for wastewater treatment. [3/19: 46-2 (Dearden and McCoy “no”)] STAFF CONTACT: Kris Bell SF 153 – Physician
Assistant Corporations SF 231 – IowaCare Nonparticipating Provider Reimbursement SF 389 – 2009
Health Care Reform Bill SF 393 – Obscene
Materials in Child Abuse and Child in Need of Assistance Proceedings SF 433 – Nursing
Home policy bill HF 45 – Suspension
of Medicaid benefits HF 122 – Pharmacy
Board HF 314 – IDPH
Omnibus policy bill HF 315 – Youth
Development Council HF 317 – Assisted
Living Services HF
380 – HF 381 – Pharmacy Board support personnel registration and internet
sales regulation HF 488 – Service Animals HF 562 – Council on Human Services and Child Care Advisory Council HF 580 – IowaCare Nonparticipating Provider
Reimbursement HF 672 – Individual Development Accounts FLOOR ACTION: SF 153 allows physician assistants and nurse practitioners to
form professional corporations and professional limited liability
companies. It also allows doctors,
surgeons, physician assistants and nurse practitioners to jointly form
professional corporations and limited liability companies. [3/19:
35-13 (Behn, Black, Dandekar, Feenstra, Hahn, Hartsuch, Heckroth,
Hogg, Kettering, McKinley, Seymour, Warnstadt, Wieck “no”)] SF 231 sets up a process and a fund for non-participating providers for IowaCare patients who are too medically frail to move to an IowaCare provider or when the IowaCare provider is not able to accept the patients. Currently, the non-participating provider receives no compensation for the IowaCare member. The fund is established but the process will not be implemented until resources are identified. [3/19: 48-0 (Johnson, Ward excused)] SF 389 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. [3/19: 30-18 (party line except for Dandekar and Olive voting “no” and Johnson and Ward excused)] SF 393 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. [3/23: 48-1 (McCoy “no”; Ward excused)] SF 433 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. [3/23: 48-0 (Boettger, Ward excused)] HF 122 is a Board of Pharmacy bill. It requires reports for certain precursor substances and extends an information program for drug prescribing and dispensing. [3/23: 49-0 (Ward excused)] 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. [3/23: 49-0 (Ward excused)] COMMITTEE ACTION: HF 45 provides for the suspension rather than termination of Medicaid benefits for a person who is incarcerated during the initial 12-month period of commitment. [3/23: short form] HF 315 creates
an Iowa Collaboration for Youth Development Council and State of HF 317 directs the Department of Human Services to request a waiver from the Centers for Medicare and Medicaid Services to add assisted living services to the Home and Community-Based Services waiver for the elderly under the Medicaid program. [3/25: short form] HF 380 is the Iowa Department of Public Health technical changes bill. It makes technical changes or updates to several programs within the department including: vital records, Dental Board, EMS policies, Board of Podiatry, tooth whitening, Board of Barbering, State Medical Examiner Advisory Council, and the Board of Optometry. [3/23: short form] HF 381 is a Board of Pharmacy bill. It establishes a registration program for pharmacy support staff; establishes new requirements for the internet sale of prescription drugs and requires internet pharmacies to display certain information on their internet sites. [3/23: short form] HF 488 directs the Department of Human Services to submit a medical assistance waiver amendment to the Centers for Medicare and Medicaid Services to add the maintaining of a service animal as an eligible service reimbursable under the medical assistance and home and community-based waivers. [3/25: short form] HF 562 makes changes to the membership and roles and responsibilities of the State Child Care Advisory Council and the Council on Human Services. [3/25: short form] HF 580 requires that any new waiver relating to the IowaCare program submitted after July 1, 2010, include provisions for reimbursement of eligible services to an IowaCare member by nonparticipating providers if certain conditions are met. [3/25: short form] HF 672 changes the eligibility for the match payment to an Individual Development Account to be applicable to eligibility to open an account to conform more closely to the federal regulations. [3/25: short form] STAFF CONTACT: Cathy Engel SF 283 – Relating
to Appointment of Judicial Officers SF 366 –
Emancipation of a Minor SF 380 – Department
of Public Safety Policy Bill SF 415 – Abandoned
Property SF 446 –
Non-Substantive Code Editor’s Bill SF 449 –
Substantive Code Editor’s Bill HF 266 – Recording
Proceedings Before a Magistrate HF 671 – Volunteer
Emergency Services Providers Job Protection Act HF 676 – Sexually
Violent Predators HF 697 –
Interference With Judicial Acts HF 713 – Uniform
Child Abduction Act HF 758 – Wrongful
or Negligent Injury or Death of a Person FLOOR ACTION: SF 283 allows the Chief Justice to delay notification to the Judicial Nominating Commission of a vacancy in a judgeship for up to 180 days for budgetary reasons. In addition, the bill requires that only attorneys can be magistrates. However, it grandfathers in those non-attorney magistrates who are holding office as of April 1, 2009, and allows them to continue to apply to be a magistrate and serve as a magistrate until they retire. The bill consolidates the application process for district associate judges, associate juvenile judges, and associate probate judges in Chapter 46 with the nominating process for district judges. It also places the nominating process for associate district judges, associate probate judges and associate juvenile judges with the judicial district nominating commissions. Currently, the applications are made to the county magistrate appointing commissions. In addition, if a vacancy occurs in any district judge, district associate judge, associate juvenile judge, or associate probate judge position, the Chief Justice may apportion the vacant office from one judicial district to another upon a finding of a substantial disparity in workloads between judicial election districts. This section sunsets after five years. The bill specifies that retirement age for senior judges is 78, subject to reappointment as a senior judge for two additional one-year terms. Currently appointment past age 78 is for an additional 2-year term. [3/23: 45-4 (Behn, Hamerlinck, McKinley, Noble voting “no”; Ward excused)] SF 366 relates
to a petition for the emancipation of a minor and family in need of
assistance proceedings. The bill
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; 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.
[3/19: 46-2 (Behn and Boettger
voting “no”; Ward and Johnson excused)] SF 380 is the Department of Public Safety’s Policy Bill. The highlights include: · The State Fire Marshal is to inspect school buildings every four years instead of the current requirement to inspect every two years. In addition, schools will be required to do fire safety reviews of their buildings every year, using a checklist and guidance relating to the review provided by or approved by the State Fire Marshal. Schools can seek assistance to do the fire safety reviews from local firefighters. · The bill makes it an offense, subject to a scheduled fine of $500, for persons under age 21 to enter or attempt to enter gaming floors or wagering areas of gambling facilities. Currently, it is a violation for an under 21 year old to wager or attempt to make a wager. However, gaming facilities are punished for allowing under 21 year olds onto gaming floors. · State peace officers will be able to apply for warrants to track and trace and intercept communications in several additional circumstances: felony offenses involving ongoing criminal conduct; forcible felonies as defined in 702.11 of the Code; and when there is a felony fugitive warrant issued by the state or for an individual believed to be in the state. · The bill clarifies that Department of Public Safety (DPS) officers working with and under the direction of federal officers or agents are working within the scope of their office or employment. This makes it clear that the Attorney General’s office can represent those officers if there is ever a need relating to activities that the officers performed while working under the direction of federal officers or agents. [3/19: 48-0 (Ward, Johnson excused)] SF 415 provides that a city may petition the court for title to disaster affected abandoned property that was damaged by a disaster occurring between May 1, 2008 and September 1, 2008; is abandoned as defined in Code section 657A.1; is located in an area that the Governor proclaimed a state disaster emergency during 2008; is a public nuisance; and is not feasible to rehabilitate. The city will be required to provide notice to the recorded owner of the property and other interested parties at least 30 days prior to filing the petition. If a city mails the notice, then it is also required to publish notice of its intent to petition for title. In lieu of mailing and publication of notice, the city may have interested persons personally served. The petition must include the fair market value of the property on the date that the petition is filed. A hearing may be held not less than 60 days of the filing of the petition. The bill sets out criteria for the court to use to determine whether the building is a disaster affected abandoned building. However, all interested parties can agree to award title of the property to the city. In addition, the court will also determine an award of damages relating to the property and the fair market value of the property shall be awarded to the respondents. The amount of the award shall be deposited with the clerk of district court to be claimed by a respondent within two years of awarding title to the city. If within two years, no one claims the money that was deposited with the clerk, then the money shall revert to the general fund of the city. [3/19: 48-0 (Ward and Johnson excused)] SF 446 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. [3/19: 48-0 (Ward, Johnson excused)] SF 449 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. [3/19: 48-0 (Ward, Johnson excused)] COMMITTEE ACTION: HF 266 requires that all trials before a magistrate must be recorded electronically if the proceedings are not reported by a certified court reporter. The committee voted to propose an amendment on the floor that would require electronic recordings of the proceedings for small claims trials only, if the proceedings were not being reported by a court reporter.[3/25: short form (Zaun absent)] HF 671 states that if an employee provides written notice to the employee’s employer that the employee is a volunteer emergency services provider, the employer is prohibited from terminating the employment of the employee who is absent from or late to work due to the employee’s service as a volunteer emergency services provider. If the employee misses work as a result of voluntary service, the employer may deduct an amount of regular pay from the employee’s wages for the time away from work and the employer may require that the employee provide a written verification of the employee’s volunteer service. The committee voted to do a committee amendment that would amend SF 108 passed earlier this session and signed by the Governor. The amendment clarifies that certain members to the Statewide Interoperability Board are to be chosen by the Governor and that certain professional organizations may submit names for the Governor to consider. In addition, the amendment requires that the boundary lines of the pilot project emergency response district in Crawford County cannot be changed without the approval of the Commission (governing body of the emergency response district), the board of township trustees of the area proposed to be included or excluded from the district, the district fire chief, the assistant fire chief who is responsible for delivery of fire protection service and emergency medical service within the are proposed to be excluded from the district, and the fire chief of a fire department in the area proposed to be included in the district. [3/25: short form (Zaun absent)] HF 676 modifies the provisions relating to the eligibility for a final hearing in a civil commitment proceeding for a sexually violent predator. A person committed as a sexually violent predator is entitled to a final hearing each year if the committed person proves by a preponderance of the evidence that there is relevant and reliable evidence to rebut the presumption of continued commitment, which would lead a reasonable person to believe a final hearing should be held to determine either of the following: the mental abnormality of the committed person has so changed that the person is not likely to engage in predatory acts constituting sexually violent offenses if discharges; or the committed person is suitable for placement in a transitional release program pursuant to Code section 229A.8A. [3/25: short form (Zaun absent)] HF 697 makes it an aggravated misdemeanor for a person to harass (as defined in Code section 708.7) a judicial officer, court employee, or a family member of a judicial officer or court employee with the intent to interfere with or improperly influence, or in retaliation for, the official acts of the judicial officer or court employee. [3/25: short form (Zaun absent)] HF 713 provides that a person may file a petition seeking abduction prevention measures to prevent the abduction of a child. A “child” means an unemancipated child under 18 years of age and the court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds evidence establishing a credible risk that a child will be abducted. A petition to prevent abduction must include a copy of any existing child custody determination, if available, and must specify the risk factors for abduction. The petition shall also contain a statement whether prior action to prevent an abduction or domestic abuse has been filed by a party to the action and whether any party to the action has been arrested for a crime related to domestic abuse, stalking, or child abuse or neglect. In determining whether there is a credible risk of abduction of a child, the court must consider whether a party has previously abducted to attempted to abduct the child, or has threatened to abduct the child, or has engaged in activities that may indicate evidence of a planed abduction, such as selling a home, taking large amounts of money out of a bank account, getting a passport for a child, etc. If the court finds a credible risk of abduction of the child exists, the court shall enter an abduction prevention order which may impose travel restrictions on both parties, provide for a visitation schedule, require a party to post a bond in an amount sufficient to serve as a financial deterrent to abduction. If the court determines an abduction is imminent, the court may issue a warrant including an ex parte warrant to take physical custody of the child, direct law enforcement to locate the child, or grant any other relief as provided by law. If an ex parte warrant is issued pursuant to the bill, the aggrieved party shall be given an opportunity to be heard at the earliest possible time. [3/25: short form (Zaun absent)] HF 758 provides that a spouse or child of a person may recover for the expense and actual loss of support, services, companionship, and society resulting from injury to or death of a person. The bill also provides that, in regard to Iowa’s wrongful death statute under Code section 633.336, damages recoverable may include damages for a decedent’s loss of enjoyment of life, measured separate and apart from the economic productive value the decedent would have had if the decedent lived and such damage shall not be duplicative of damages recoverable in an action for the injury or death of a spouse or parent and in an action for injury or death of a child. [3/25: 10-4, passed without recommendation (Kettering, Ward, Noble, Boettger “no”; Zaun absent)] STAFF CONTACT: Sue Foecke SF 357 (HF 618) – Wage
Payment and Child Labor Bill SF 413 – Wage
Payment Collection HF 720 –Boiler and
Pressure Vessel Inspections FLOOR ACTION: SF 357/HF 618 increases the civil penalty from $100 to $500 per pay period for employers failing to pay an employee’s wages. 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. The bill allows 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 child labor law was changed to a negligent standard for child labor violations. [3/19: 48-0, Johnson, Ward “excused”] SF 413 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. [3/23: 32-16 (all Republicans voting “no”; Boettger, Ward “excused”)] COMMITTEE ACTION: HF 720 adds a
new schedule for inspections of boilers for companies meeting a specific OSHA
standard. This only applies to a
company that is a part of the Star status of the Voluntary Protection Program
(VVP) of The bill would change the law to allow for two additional year extensions for internal inspections of boilers for certain companies under the program. The external inspection of the boilers would not change and the external inspection would happen every year. If a problem is detected with the external inspection, the boiler would be shut down and internal inspection would occur. The bill also adds a member of the boilermakers to the boiler board, and removes a member of the board from the lumbers and steamfitters. [3/24: short form, Hatch, Gronstal, Ward, Zaun “excused”] STAFF CONTACT: Kerry Wright SF 435 – Right to
enter property by surveyors SF 434 – Abandoned
Property HF 260 -- Operation of county, memorial,
city hospitals code updates. HF 496 -- City authority to give away
public property to a county fair HF 571 -- Requires board of trustees 24-hour notice FLOOR ACTION: SF 343 allows cities
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. [3/24:
28-22] 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. [3/23: 48-0: Ward, Boettger absent] SF 435 creates a right to enter property by licensed surveyors in order to locate boundaries, survey monuments, etc. [3/24: 50-0] COMMITTEE ACTION: HF 260 relates to the operation of county, memorial and city hospitals and makes Code updates. [3/25: Short form] HF 496 provides city authority to give away public property to a county fair. Current law only allows disposal to a governmental body. [3/25: Short form] HF 571 requires board of trustees to
give 24-hour notice when meeting on matters of budget, a tax levy, duty or
authority to provide fire protection or REBUILD
STAFF CONTACT: Theresa Kehoe SF 280 – Disaster
Emergency Assistance Immunity SF 367 – Flood
Damage Prevention and Insurance FLOOR 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. An emergency is defined to include a disaster as defined in 29C.2 (Emergency Management and Security) or the period of time immediately following a gubernatorial declared disaster. [3/19: 48-0] ▸ 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, 2013, 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, 2013, to incorporate storm water management standards. [3/23: 32-17] STAFF CONTACT: Theresa Kehoe SF 159 – Licensing
of Electricians SF 224 – Licensing
of Plumbers SF 226 – Presumption
of Cancer for Disability/Death Benefits SF 420 – Wine and
Beer SF 424 – Precinct
Caucuses SF 428 – Amusement
Devices SF 443 – Defibrillators
in Physical Exercise Facilities HF 450 – Opening of
Polls for City Elections HF 475 – Technical
Corrections to Election and Voter Registration Laws HF 670 – Counting
Absentee Ballots HF 707 – Line of
Duty Death Benefits FLOOR ACTION:
SF 159 makes changes to the statewide electrician licensing and electrical inspection program, which was created in 2007. SF 159 contains the recommendations of the Electrical Examining Board. Highlights include: · Adds definitions for residential electrician, residential installation, and residential master electrician. · Provides authority for the Electrical Examining Board to create the residential electrician and residential master electrician license classes by rule, and specifies that a journeyman or master electrician is not required to also hold a residential electrician or residential master electrician license to perform residential installations. · Makes it clear that a person holding a special license granted by the Electrical Examining Board is not required to hold a contractor license to engage in their limited (special) trade. · Establishes limitations on the fees that may be charged for a residential electrician and residential master electrician license. · Makes changes to persons holding a state Class B journeyman license or state Class B master license. Under Chapter 103, a political subdivision is required to honor a state Class A license, but not a state Class B license. Class A licenses are granted based upon passage of an exam, plus experience, and a Class B license is granted based solely upon experience (and is sometimes referred to as the “grandfathered license.” This section of the bill specifies that though a political subdivision is not required to accept a Class B license in general, a political subdivision must accept a state Class B license held by a person who held a valid license issued or recognized by the political subdivision on or after Dec 31, 2007. · Provides the Electrical Examining Board the authority to create an “inactive master electrician license” by rule for those master electricians who may wish to go into retirement or seek other employment, without completely surrendering their master license. A master license could be reactivated by and inactive master licensee if the person wished to re-enter the trade. · Makes it clear that a both classes of journeyman and master electricians (Class A and Class B) are not required to obtain a residential electrician or residential master electrician license to perform residential installations. · Provides for an exemption for students who are performing work as a part of their instruction. · Allows the Board to adopt rules addressing a person’s ability to perform work on an emergency basis. [3/23: 48-0 (Seymour, Ward absent)] SF 224 makes changes to the law requiring statewide licensure of plumbers originally passed in 2007. This bill was brought by the Department of Public Health after Iowa Plumber and Mechanical Professional Licensure Board began their duties to implement the legislation. Highlights include: · The original legislation did not require that contractors be licensed. This bill includes contractors and requires them to be licensed by the board. The purpose of licensing the contractor is that the contractor will be the entity to hold the surety bond and insurance. Contractors will be given a grace period so they can continue to operate their business without employing a licensed master plumber. An applicant for a contractor license is required to provide proof of surety bond in an amount determined by the board and evidence of public liability insurance policy. ·
Employees are allowed
to perform routine maintenance without being licensed. Routine Maintenance is defined as: the maintenance, repair or replacement of
existing fixtures or parts of plumbing, HVAC, refrigeration or hydronic systems in which no changes in original design
are made. Routine maintenance shall
not include the replacement of furnaces, boilers, cooling appliances,
or water heaters more than 100 gallons in size. · Homeowners are allowed to perform plumbing work on their own residence if the residence is an existing residence and not new construction. The residence cannot be larger than a single-family dwelling, or farm property, excluding commercial or industrial installations or installations in public use buildings or facilities. In order to qualify for this exemption for licensure, the residence must qualify for the homestead tax credit. · Allows the board, by rule, to issue combined, restricted licenses (special licenses). The board may by rule provide for the issuance of special plumbing and mechanical professional licenses authorizing the licensee to engage in a limited class or classes of mechanical or professional work. · Exemptions/waivers are allowed for those performing work regarding laying of pipe in the public right-of-way. · Waiver: Requires the board to waive not only the written exam but also the prior experience requirement for the journeyperson or master licensee through December 31, 2009, if the applicant meets either of the requirements in items 3 and 4 above. · Enforcement and violations provisions are delayed until July 1, 2009. This will ensure adequate time for the full licensure process to be implemented and for professionals to become accustomed to the new process without concern of being noncompliant. [3:24: 30-20] SF 226, as amended on the floor, states that cancer and infectious diseases contracted by firefighter and police officer members of the statewide fire and police retirement system is presumed to be a disease contracted while on active duty due to the job for purposes of establishing a disability pension or providing a death benefit. The bill also provides that the presumption will not apply to firefighter members who joined the retirement system after July 1, 1992, in which the cancer would not have existed but for a medical condition that was known on the date the member joined. The bill also increases the minimum contribution rate for firefighter members of the pension system from 9.35 percent to 9.4 percent. The bill may include a state mandate. The state mandate funding requirement in Code section 25B.2, however, does not apply to public employee retirement systems. Highlights include:
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. [3/19: 48-0] 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. [3/18: 35-13] 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. [3/18: 44-6] SF 443 requires
the placement of an automated external defibrillator in every clinical
exercise center and physical exercise club in HF 475, which was proposed by the Secretary of State, makes technical and corrective changes to the laws relating to elections and voter registration. [3/24: 50-0] COMMITTEE ACTION: HF 450 allows the county commissioner of elections to open the polls at noon rather than 7:00 a.m. for any city election. Currently, the polls may open at noon for city elections in cities with a population of 3,500 or less or in any city if there is no contested election or no public measure on the ballot. [3/25: short form (Horn “no”] HF 670 requires the county commissioner of elections to convene the special precinct election board on the day before the general election to begin counting absentee ballots. [3/25: short form] HF 707 modifies the eligible beneficiaries for the $100,000 line of duty death benefit for a person covered under the statewide fire and police retirement system established in Code chapter 411. Currently, a line of duty death benefit is payable as provided for an accidental death benefit and goes to the following in decreasing order: the member's spouse, the member's minor children, or the member's parents. HF 707 provides that a member's adult child or children are eligible to receive a line of duty death benefit. HF 707 takes effect upon enactment. [3/25: short form] STAFF CONTACT: Hannah Garden-Monheit SF 419 – DOT omnibus FLOOR ACTION: SF 419 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 include: ▸ Clarifying 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 ▸ Eliminating 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 ▸ Making 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 ▸ Codifying that DOT motor vehicle enforcement officers may conduct compliance reviews of interstate trucking companies at the motor carrier’s place of business ▸ Removing aviation fuel gallons from the formula for ethanol market share used by the Department of Revenue to calculate fuel taxes ▸ Capping TIME-21 at $225 million [3/19: 48-0 (Johnson, Ward absent)] STAFF CONTACT: Julie T. Simon SF 407 – Rights,
responsibilities of IVH members SF 451 – Definition
of ‘resident’ for tuition, fees for veterans FLOOR ACTION: SF 407 addresses involuntary discharge of a member of the Iowa Veterans Home under limited circumstances, specifically where the Commandant determines there is an immediate danger to the health, safety or welfare of residents of the home and where 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. The Commission of Veterans Affairs m SF 451 requires the Board of Regents and the boards
of directors of the It
directs the Regents and community colleges boards to adopt
rules that include a servicemember on active
duty in the STAFF CONTACT: Kris Bell SF 216 – Wind
Energy Tax Credit SF 344 – SF 362 – Storm Water Drainage Systems SF 363 – City and SF 388 – DNR
Omnibus bill SSB 1211 – Retail
Tax Increment Financing SSB 1307 – Delayed
Deposits SF 426 – Geothermal
System tax exemption HF 684 – Propane
Education COMMITTEE ACTION: SF 216 makes changes to the wind energy production tax credit under 476B. Currently, wind energy producers who want to use this credit must not claim the special property valuation for wind energy conversion property under 427B.26 or the sales tax exemption for wind energy conversion property. The bill would allow a producer to claim the production tax credit while still being eligible to use the special property valuation and the sales tax exemption. [3/23: short form (Ward excused)] SF 344 is the Iowa Values Fund bill from the Economic Growth Committee. It 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. [3/23: short form (Ward excused)] 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. [3/23: short form (Bartz, Feenstra, Hartsuch, Houser, Zaun “no”; Dandekar “pass”; Ward excused)] SF 363 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. It 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. [3/23: short form (Bartz, Feenstra, Hartsuch, Houser, Zaun “no”; Ward excused)] SF 388 makes various changes to regulations for conservation and recreation activities under Department of Natural Resources (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. [3/25: short form (Dandekar excused)] SF 426 provides 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. [3/23: short form (Ward excused)] SSB 1211 repeals Code section 423B.10 which provides that a city with a local sales and services tax imposed by the county may designate an amount of the increased tax revenues attributable to retail establishments to fund an urban renewal project. [3/25: short form (Bartz, Feenstra, Hamerlinck, Ward, Zaun “no”; Dandekar excused)] SSB 1307 relates
to specific aspects of the regulation of delayed deposit service
businesses. It increases the amount
that must be submitted when applying to operate a delayed deposit business,
requires disclosure of repayment policies, sets limits on the length of check
holding, and requires an electronic database to monitor the number of
transactions. [3/25: short form (Dandekar excused; Bartz, Zaun
“no”)] HF 684 authorizes the Propane Education and Research Council to develop an energy efficiency and weatherization program for propane users. Since propane users do not get their services from a rate-regulated utility, they do not have access to energy efficiency programs offered by those utilities. This would allow propane customers some access to energy efficiency programs, so that they could reduce their energy consumption. The bill also changes the responsibility for appointing members to the propane education and research council from the governor to the state fire marshal. It also changes the slot on the council that was reserved for a member of the public to be reserved for the administrator of the division of community action agencies of the department of human rights. This council was created by legislation in 2007 to develop programs to promote the safety of propane employees and customers, and the safe and efficient installation of propane utilization equipment. [3/25: short form (Dandekar excused)] |