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Senate
Democrats Week 12 Committee Action – April 1, 2009
ENVIRONMENT & ENERGY INDEPENDENCE STAFF CONTACT: Kerry Wright HF 710 -- Agricultural development authority FLOOR ACTION: HF 710 requires the executive director of the Agricultural Development Authority to report semiannually to the Government Oversight Committee regarding its operations. The Authority is a state agency established to assist farmers in obtaining financing, including for purchasing agricultural property by beginning farmers, installing permanent soil and water conservation practices, and providing operating expenses. [4/6: 49-0 (Behn “excused”)] STAFF CONTACT: Theresa Kehoe SF 469 – Economic Development FY10 Appropriations SF 470 – Education FY10 Appropriations SF 472 – Judicial Branch FY10 Appropriations SF 474 – Regents Flood Recovery Bonding SSB 1324 – Justice FY10 Appropriations FLOOR & COMMITTEE ACTION: SF 470 appropriates a total of $909.8 million from the General Fund and 12,457.0 FTE positions to the Department for the Blind, the College Student Aid Commission, the Department of Education, and the Board of Regents. This is a decrease of $361.0 million and 4.2 FTE positions compared to the estimated net FY09 General Fund appropriations. Highlights include: Department
for the Blind: • A decrease of $205,000 for Administration. College Student Aid Commission: • A decrease of 8.3 percent to all budget units, with the following exceptions: • A net increase of $282,000 for the National Guard Tuition Aid Program with appropriations and projected transfers. • A new appropriation of $688,000 for the All Iowa Opportunity Foster Care Grant Program to meet the FY09 Program level of demand including the 8.3 percent reduction. • A decrease of $1.4 million for the All Iowa Opportunity Assistance Scholarship Program to reduce the appropriation to the FY09 level of demand, to eliminate an allocation for the All Iowa Foster Care Grant Program, and to make the 8.3 percent reduction. • Eliminates the $100,000 Washington D.C. Internship Grant appropriation. Department of Education: • A decrease of 8.3 percent to all budget units, with the following exceptions: • A decrease of $42,336 (6.8 percent) for Vocational Education Administration. • Appropriations for Enrich Iowa Libraries and Library Service Areas were maintained at the FY 2009 level. • An increase of $233,295 (2.7 percent) for Iowa Public Television. • A decrease of $195,929 (6.8 percent) for Vocational Education Secondary. • An overall decrease of $5.2 million (14.3
percent) for Community Empowerment as follows: • A decrease of $1.0 million to eliminate funding
for Professional Development. • A decrease of $246,000 to eliminate funding for
the First Years First initiative. • A decrease of $99,000 to shift funding of the
Ready to Learn Coordinator to IPTV. • The Bill requires the Iowa Empowerment Board to use $2.0 million from the First Years First Account to be distributed to local boards for FY10 School Ready Grants. This transfer results in an effective FY10 overall decrease to Empowerment of $5.3 million (14.4 percent). • A decrease of $237.6 million (96.9 percent) for Student Achievement and Teacher Quality. Most of the reduction results from shifting the teacher compensation and professional development portions of the Program to the School Aid standing appropriation. Other reductions include: • A decrease of $915,000 to eliminate funding for Early Childhood Professional Development. • A decrease of $582,500 for National Board Certification Awards to reflect the annual decrease in the State’s commitment to past recipients of the awards. • A decrease of $335,000 to reflect the completion of the Pay for Performance and Career Ladder Pilot Projects. • A decrease of $250,000 to eliminate funding for the Institute for Tomorrow’s Workforce. • A decrease of $700,000 for a general reduction. This reduction is backfilled by transfers of FY09 ending balances. • A decrease of $21.6 million (12.0 percent) for Community College General Aid. • A FY10 appropriation of $917,000 for Community College Salaries. The estimated net FY 2009 appropriation of $1.5 million is part of each college’s base for FY10 general aid purposes. • A decrease resulting from the elimination of funding for the following programs: • Jobs for • Senior Year Plus - $1.9 million • Community College Interpreters for the Deaf - $197,000 • Private Instruction - $146,000 Board of Regents: • A decrease of 11.9 percent to the total Regents’ budget, with the three universities’ general operating receiving greater reductions than the special purpose appropriations. • An increase of $917,000 for the Veterinary
Diagnostic Laboratory at including the 8.3 percent reduction to fund the fourth and final year of increases as specified by legislative intent. The offsetting FY09 reduction to the operations budget was carried forward in FY10. • A new appropriation of $35,000 for an engineering study of the facilities for the Research, Development, Demonstration, and • Eliminates the Midwest Higher Education Consortium membership payment for FY10. • Eliminates the Agricultural Health and Safety appropriation that was historically passed through to Easter Seals. • Eliminates the appropriation for the George
Washington Carver Endowed Chair at University. [4/6: 31-18; 4/2: 15-9 (Bolkcom absent)] SF 472 appropriates a total of $149.2 million from the General Fund to the Judicial Branch. This is a decrease of $2.9 million and an increase of 6.1 FTE positions compared to the estimated net FY09 General Fund appropriation. The increase in FTE positions is due to the receipt of two grants and Department of Human Services (DHS) funding for Drug Courts. The Bill also merges the Judicial Retirement appropriation line item into the Judicial Branch operating budget appropriation line item. This includes funding the employer’s share of Judicial Retirement at 30.6 percent. [4/7: 30-20; 4/2: 15-9 (Bolkcom absent)] SF 474 authorizes the Board of
Regents to issue and sell academic revenue bonds totaling $100 million. The bonds will be used to provide the State
match to leverage Federal Emergency Management Agency (FEMA) funding and
provide funding for repairs and replacement of facilities that were damaged
during the flooding on the FLOOR ACTION: SF 469 appropriates a total of $45.0 million from the General Fund and 510.6 FTE positions to the Department of Cultural Affairs, the Department of Economic Development, Board of Regents economic development programs, Iowa Workforce Development, and the Public Employment Relations Board (PERB). This is a decrease of $3.2 million and 3.0 FTE positions compared to the estimated net FY09 appropriations. SSB 1318 decreases support from other funds by $656,000 to a total of $11.6 million. Highlights include: Department
of Cultural Affairs: Appropriates $6.3 million and 82.8 FTE positions from the General Fund to the Department of Cultural Affairs. This is a decrease of $522,000 and 1.0 FTE position compared to the estimated net FY09 appropriation. The significant changes include: • A decrease of $462,000 for a general reduction to all appropriations. • A decrease of $59,000 and 1.0 FTE position due to the reassignment of an FTE position to the Rebuild Iowa Office. Department
of Economic Development Appropriates $14.9 million and 160.3 FTE positions from the General Fund to the Department of Economic Development (DED). This is a decrease of $1.5 million and 0.01 FTE position compared to the estimated net FY09. The significant changes include: • A decrease of $1.5 million due a general reduction. • An increase of $125,000 to replace an FY09 appropriation to the Iowa Commission on Volunteer Services from the Healthy Iowans Tobacco Trust (HITT) Fund. • A decrease of $148,000 to reflect the elimination of an appropriation for the Center for Citizen Diplomacy. • Makes a new appropriation of $144,000 from interest earnings on the Federal Economic Stimulus and Jobs Holding Account to support the Councils of Governments. • Eliminates an FY09 appropriation of $160,000 from interest earnings on the Grow Iowa Values Fund to support the Councils of Governments. • Eliminates an FY09 appropriation of $125,000 to the Iowa Commission on Volunteer Services from the Healthy Iowans Tobacco Trust (HITT) Fund. • Eliminates an FY09 appropriation of $500,000 from interest earnings on the Grow Iowa Values Fund for the administration of a Sustainable Community Development Initiative. Board
of Regents Appropriates $3.5 million and 69.4 FTE positions from the General Fund for economic development programs at Iowa State University (ISU), the University of Iowa (UI), and the University of Northern Iowa (UNI). This is a decrease of $287,000 compared to the estimated net FY09 appropriations due to a general reduction. Department
of Workforce Development Appropriates $19.1 million and 188.2 FTE positions from the General Fund for the Department of Workforce Development (IWD). This is a decrease of $850,000 and 1.0 FTE position compared to the estimated net FY09 appropriations. The significant changes include: • A decrease of $360,000 for a general reduction for IWD Field Offices. • A decrease of $490,000 and 1.0 FTE position for the elimination of a Statewide Standard Skills Assessment. • Appropriates $471,000 from the Employment Security Contingency Fund for the support of the Workers’ Compensation Division. • Appropriates $6.5 million from interest earnings on the Unemployment Compensation Reserve Fund to IWD for deposit in the Field Office Operating Fund for operation of the Field Offices. This is no change compared to estimated net FY09. Public
Employment Relations Board Appropriates $1.2 million and 10.0 FTE positions from the General Fund to the Public Employment Relations Board. This is a decrease of 58,000 and 1.0 FTE position compared to the estimated net FY09 appropriation. [4/2: 31-19] COMMITTEE ACTION: SSB 1324
appropriates a total of $515.4 million from the General Fund and 1,907.6 FTE
positions to the Departments of Justice, Corrections, Inspections and
Appeals, Public Defense, Public Safety, the Department
of Justice: • Office of the Attorney General: A decrease of $768,000 for a general reduction. • Victim Assistance Grants: An increase of $2.3 million to provide the minimum match requirements for federal funds. • Farm Mediation Program: A decrease of $289,000 to eliminate the pilot project. • Office of the Consumer Advocate: A decrease of $219,000 for a general reduction. Department of Corrections (DOC): A decrease of $10.8 million compared to the estimated net FY 2009 General Fund appropriation. The change includes: • A decrease of $3.3 million to eliminate funds for the operating budget at Farm Three at Fort • A decrease of $966,000 to eliminate funds for
the Violator Program at the Mitchellville prisons and the Violator Aftercare Programs in the First, Third, Sixth, Seventh, and Eighth Community-Based Corrections (CBC) District Departments. • A decrease of $2.0 million to eliminate funds for the operating budget for the Clarinda Lodge. • A decrease of $107,000 to the County Confinement Account. • A decrease of $238,000 to the DOC Central Office. • A decrease of $1.0 million to eliminate funds for a supervisor in each of the CBC District Departments. • A decrease of $400,000 to the mental health
residential facility in $900,000 remains in the appropriation to operate the 26-bed facility. • A decrease of $50,000 to eliminate funds for a youth intervention program in the Sixth CBC District Department. • A decrease of $2.7 million for a general reduction to all appropriations to the DOC. Department of Public Safety: A decrease of $1.6 million, including: • A decrease of $79,000 for a general reduction to Public Safety Administration. • A decrease of $381,000 for a general reduction to the Division of Criminal Investigation (DCI). • A decrease of $115,000 for a general reduction to the Division of Narcotics Enforcement. • A decrease of $72,000 for a general reduction to the Fire Marshal’s Office. • A decrease of $903,000 for a general reduction to the Iowa State Patrol. [4/8: 15-9] STAFF CONTACT: Julie T. Simon SF 279 – Electric transmission franchise approval process SF 379 –
Use of insurance loss history in issuance of dram shop insurance HF 477 – Confidential personal information on real estate declaration
of value forms HF 478 – Health insurance coverage for diabetes self-management
training HF 723 –
Insurance Division omnib FLOOR ACTION: 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 use, represents a reasonable relationship to an overall plan of transmitting electricity in the public interest, and the petitioner has paid or agrees to pay all costs and expenses of the franchise proceeding. As
amended by the Ho SF 379 states 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 The House amended the proposal to require the insurer examine and consider adjusting the premium at the new location not less than 30 months after the insurance is issued. [4/8: concur 30-19 (party-line, except Dotzler voting “no”; Hatch excused)] 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 Ho 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 HF 723 is a recommendation by the Iowa Insurance Division (IID)
of the Department of Commerce that makes technical corrections to insurance
statutes. Highlights include revisions
to long-term care insurance asset preservation language to conform to the
provisions of the Deficit Reduction Act, modernization of state and county
mutual statutes to make both similar to property and casualty insurance
companies, and provisions that streamline the processing of the filing of
articles of incorporation and amendments to company bylaws. It also clarifies that the consumer
advocate for insurance is chief of the consumer advocate bureau and that the
advocate and other insurance division personnel may ask the commissioner to
retain professionals and specialists to assist in filings for rate reviews and
administrative hearings. [4/6:
48-1(with Kapucian voting “no”)] ENVIRONMENT
& ENERGY
STAFF CONTACT: Jace Mikels SF 339 – Wastewater treatment facility assistance and compliance SF 423 – Dispensing of ethanol blended gasoline HF 468 – Unsewered community revolving loan
program and fund 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. On this passage, the Senate accepted a House amendment with mostly minor changes. However, one of the changes to the bill ensures that water resource restoration projects cannot include the acquisition of property, an interest in property, or improvements in property through condemnation. [4/7: 49-0 (Behn “excused”)] 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. On this passage, the Senate accepted a House amendment that made mostly technical corrections to the bill, and also removed provisions that had provided for an immediate effective date and emergency rulemaking. The change means that the bill will go into effect on July 1 and the normal rulemaking process will be followed. [4/7: 48-0 (Behn and Danielson “excused”)] HF 468 establishes within the Iowa Finance Authority (IFA) an unsewered community revolving loan program. Assistance under the program would be for the purposes of installing sewage disposal systems in a city without a system or in an area where a cluster of homes is located. A cluster of homes must be located in an unincorporated area of the county and contain at least six homes but no more than 500. The bill also establishes an unsewered community revolving loan fund in the state treasury where money to fund the program will be kept. The bill does not contain appropriations for that fund. [4/2: 50-0] STAFF CONTACT: Kris Bell HF 381 -- Pharmacy Board Registration and Internet Sales HF 488 – Service Animals HF 562 – Child Care Advisory Council HF 672 – Individual Development Accounts FLOOR ACTION: HF 381 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. [4/2: 50-0] 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 home and community-based waivers. It also requires that a person assisting a person with a disability by controlling an assistive animal to accompany the disabled person and the assistive animal. [4/2: 50-0] HF 562 makes changes to the membership and roles and responsibilities of the State Child Care Advisory Council. [4/6: 49-0 (Behn excused)] 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. [4/6: 49-0 (Behn excused)] STAFF CONTACT: Cathy Engel SF 380 – Department of Public Safety Policy Bill HF 671 - Volunteer
Emergency Services Providers Job Protection Act HF 676 – Civil Commitment of Sexually Violent Predator HF 697 – Interference with Judicial Acts HF 762 - Reserve Peace Officers and Training Requirements FLOOR ACTION: SF 380 is the Department of Public Safety’s Policy Bill. The Senate passed it previously and the House amended it. The House amendment deleted the language relating to school fire safety inspections and the Senate accepted the House amendment. As amended, the bill: · Makes it an offense, subject to a scheduled fine of $500, for persons under age 21 to enter or attempt to enter gambling 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, gambling facilities are punished for allowing under 21 year olds onto gambling floors. · Allows state peace officers 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. · 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. [4/7: 49-0 (Behn absent)] HF 671 provides that if an employee gives written notice to his or her employer that he or she 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 Senate approved an amendment that would amend SF 108, which was 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. [4/6: 49-0 (Behn 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 [4/7: 50-0] 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. An aggravated misdemeanor is punishable by no more than two years in prison and a fine of at least $625 but not more than $6,250. [4/7: 49-1 (Bartz voting “no”)] HF 762 allows any reserve peace officer who had acquired the 150-hour training requirement from a community college or other facility that was approved by the law enforcement agency that appointed the reserve peace officer prior to July 1, 2007, to be exempt from completing the minimum training course required by state law and certified by the Iowa Law Enforcement Academy. [4/7: 49-0 (Behn absent)] STAFF CONTACT: Sue Foecke HF 720 –Boiler and Pressure Vessel Inspections FLOOR ACTION: HF 720 relates to boiler and pressure vessel inspections. Current law requires boilers and certain pressure vessels to be inspected at least once every two years internally and externally while not under pressure, and at least once every two years externally while under pressure. House File 720 allows certain boilers and pressure vessels (the very large boilers: 100,000 lbs per hour or more in capacity) to extend from two years to four years the internal inspection schedule if the owner or user is a participant in good standing in the Division of Labor in the Iowa Department of Workforce's OSHA Voluntary Protection Program and have achieved star status within the program. The bill also alters the membership of the boiler and pressure vessel board by requiring one member to represent boilermakers from a certified employee organization. The board keeps the same number of members by reducing the current two members representing steamfitters from certified employee organizations to just one representative. [4/6: 49-0 (Behn “excused”)] STAFF CONTACT: Kerry Wright SF 291 – Certified retirement communities SF 436 – Satellite voting station observers SF 441 – Local emergency management FLOOR ACTION: SF 291 establishes a Certified Retirement Communities program
within the Department of Elder Affairs for the recognition and promotion of
communities in SF 436 requires the county auditor to notify the political parties of the time and place of operation of satellite voting stations to allow the parties to appoint observers to be present at the stations. This version added House’s clarifying amendment. [4/7: 48-0 (Behn, Danielson “excused”)] 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. [4/7: 47-1 (Hamerlinck “no”; Behn Danielson “excused”)] STAFF CONTACT: Jace Mikels SF 187 – Allowing non-ambulatory persons to hunt deer FLOOR ACTION: SF 187 allows 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. On this passage, the Senate accepted a House amendment that made a corrective change to the bill by changing the reference from “muzzleloading shotgun” to “muzzleloading rifle.” [4/7: 49-0 (Behn “excused”)] REBUILD
STAFF CONTACT: Theresa Kehoe SF 336 – Community Attraction & Tourism Waivers SF 377 – Prescription Drug Donation Depository HF 705 – Safe Rooms & Storm Shelters
SF 336 allows an applicant for financial assistance under the Community Attraction and Tourism Program or the River Enhancement Community Attraction and Tourism Program to apply to the Vision Iowa Board for a waiver of any local or private matching moneys if the applicant is located in an area declared a disaster area by the Governor or by a federal official. The Vision Iowa board may grant all or a portion of the waiver request. This provision is only in effect during the fiscal year beginning July 1, 2009 (FY10). The Senate adopted a House amendment which adds flexibility to the Board. If the board receives repayments of or recaptures financial assistance awarded in a fiscal year prior to FY10, the board may grant all or a portion of an applicant's waiver request pursuant to this subsection 1 and use the repayments or recaptured financial assistance to provide financial assistance under this subsection to an applicant during FY10. [4/8: 50-0] 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. The Senate adopted a House amendment to extend the program to victims of a state disaster emergence or a public health disaster. [4/8: 48-0] HF 705 requires the State Building Code Commissioner, after consulting with and receiving recommendations from the Department of Public Defense, the Department of Natural Resources, and the Rebuild Iowa Office, to adopt rules specifying standards and requirements for design and construction of community safe rooms and storm shelters. The Commissioner is required to consider nationally recognized standards. The standards and requirements shall be incorporated into the state building code, but shall not be interpreted to require the inclusion of a community safe room or storm shelter in a building construction project unless such inclusion is expressly authorized by another statute or by a federal statute or regulation. However, if a community safe room or storm shelter is included in any building construction project which reaches the design development phase on or after January 1, 2010, compliance with the standards developed pursuant to this section shall be required. The Senate adopted an amendment which: ▸ Strikes the word “community” from HF 705. ▸ Delays the date from Jan. 1, 2010, to Jan. 1, 2011. ▸ Allows the Building Code Commissioner to provide education and training. ▸ The initial administrative rules required to be adopted pursuant shall be adopted by the state building code commissioner on or after February 1, 2010, but no later than April 1, 2010, and shall not become effective prior to July 1, 2010. The State Building Code Commissioner is required to review and assess best practices in the design, construction, and maintenance of buildings, safe rooms, and storm shelters to reduce the risk of personal injury from tornadoes and other severe weather. A report is due to the Governor and General Assembly by December 15, 2009. [4/6: 49-0] STAFF CONTACT: Theresa Kehoe SF 137 – Pay Equity SF 226 – Presumption of Cancer for Disability/Death Benefits HF 420 – Civil Service Commissions HF 450 – Opening of Polls for City Elections HF 670 – Counting Absentee Ballots HF 707 – Line of Duty Death Benefits HF 708 – Absentee Ballots to Patients of Hospitals or Health Care
Facilities HF 776 – False Caller IDs FLOOR ACTION: SF 137 provides explicit protection from pay discrimination based on protected class status for equal work. The bill would further protect Iowans left vulnerable because of new loopholes in the federal law and enhance the penalties for employers who engage in wage discrimination. While pay discrimination is not the primary cause for the wage gap, protection for equal pay is the foundation of any efforts to encourage women to enter “non-traditional” career fields, develop career plans, and/or learn to negotiate salaries and promotions. Without a basic guarantee of equal pay for equal work, any other strategy will be ultimately unsuccessful. The bill includes three main components: 1. Codification of pay discrimination in Iowa Civil Rights Code 2. Clarification of when a complainant has a cause of action 3. Enhanced penalties for employers who are found to have discriminated Here is a summary of SF 137: Additional Unfair or Discriminatory Practice – Wage Discrimination in
Employment The General Assembly finds that the practice of discriminating against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to others does all of the following: ▸ Unjustly discriminates against the person receiving the lesser rate. ▸ Leads to low employee morale, high turnover and frequent labor unrest. ▸ Discourages employees paid at a lesser wage rates from training for higher level jobs. ▸ Curtails employment opportunities, decreases employees’ mobility, and increases labor costs. ▸ Impairs purchasing power and threatens the maintenance of an adequate standard of living by such employees and their families, ▸ Prevents optimum utilization of the state’s available labor resources. ▸ Threatens the well-being of citizens of this state and adversely affects the general welfare. The General Assembly declares it is the state policy to correct, and rapidly as possible, to eliminate, discriminatory wages practices. It shall be an unfair or discriminatory practice for an employee to pay wages at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. An employer shall not remedy the violation by reducing the wage rate of any other employee. An unfair or discriminatory practice occurs when an individual becomes subject to a discriminatory pay decision or other practice, including each time wages are paid. An affirmative defense for a claim includes any of the following: ▸ Payment of wages due to a seniority system. ▸ Payment of wages due to a merit system. ▸ Payment of wages due to a system which measures earnings by quantity or quality of production ▸ Pay differential is based on any other factor other than the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee. Employers who employ less than four individuals are exempt. Family members are not counted as employees. Damages for wage discrimination under (216.6A) include but are not limited to court costs, reasonable attorney fees, and an amount equal to twice the wage differential paid to another employee compared to the complainant for the time of the complainant has been discriminated against. In instances of willful violation, an amount equal to three times the wage differentials. The House inserted a provision stating that in order to receive three times wage differentials, the violation would have to be “willful and wanton.” The Senate struck the House’s stricter provision (i.e., “and wanton”) and returned to the original Senate version. [4/7: 32-17 (party-line, with Behn absent)] 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: · Lists specific cancers and infectious diseases to be covered. They include: o Cancer - defined as prostate cancer, primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's lymphoma, bladder cancer, colorectal cancer, multiple myeloma, testicular cancer, kidney cancer, ovarian, breast, uterine, and cervix. o Infectious disease defined as human immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, and mycobacterium tuberculosis. The 411 system is required to collect data and submit a report to the General Assembly in five years. There is no impact to the State General Fund or the 411 System, as the contribution costs are paid by the plan members. The Senate adopted a House amendment which clarifies the definitions of cancer and infectious disease. The amendment also requires that the study to be completed and submitted to the general assembly by October 1, 2013. This will be after the actuary’s report of the system has been completed and prior to the interim committee meeting. The study is to include the actual cost to the cities for this provision. [4/8: 39-11] HF 420 makes changes to Civil Service Commission policies and procedures. Civil Service Commissions are generally appointed by mayors and are a city level governing tool. They deal with promotions, specifically the process regarding promotions and qualifications for specific job classifications for firefighters, police officers and critical civil service personnel. This is intended to depoliticize the hiring process so that patronage or the “spoils” system is no longer a part of the local government hiring and promoting process. Civil Service Commissions also deal with disciplinary disputes as an arbitrator between the employer and employee. Highlights include: Publishing the Names of those Appointed
by the Civil Service Commission Currently, there is no requirement that the names of those people selected to serve on the Civil Service Commission be published prior to the vote by the city council for their approval. HF 420 requires the mayor to post the names of persons selected 30 days prior to the vote of the city council. The bill changes the title of the “conflict of interest” section to “prohibited contracts.” It outlines those prohibitions and specifies a penalty for violations. Civil Service Commissioners would be prohibited from: ▸ Selling to or becoming parties directly or indirectly to any contract that furnishes or supplies material or labor to the city. ▸ Having a direct or indirect interest in any contract, job material, profits or services to be furnished or performed in the city. ▸ Any contract entered into that would violate this section would become null and void. A violation of this section would be a simple misdemeanor. HF 420 also removes the conflict of interest exceptions referenced to Iowa Code Chapter 362.5, Public Contract Conflict of Interests Exceptions Prohibited contract provisions would be those that only apply to Chapter 400. Administers of the Examination Currently, the commission is in charge of establishing guidelines for conducting the examinations for hiring or promotions. The city may hire persons with expertise to administer the tests if the commission approves the examinations, and if the city’s location is the same where the applicant is taking the examination. HF 420 would require the names of the persons approved to administer the examination be posted in city hall at least 24-hours prior to the examination. HF 420 adds the requirement that when filling a temporary position on the Civil Service Commission, the appointment, whenever possible, will be made according to the certified eligible list. State Residency, Time and Distance
Requirements, and Retaliation Prohibited The bill says an
employee would not be required to be a resident of the city, but within two
years of the date of their appointment or start of their employment, the
employee must be a resident of the state.
Cities would be allowed to set a reasonable maximum distance outside
of the corporate limits of the city, or a reasonable maximum travel time that
these employees may live from their place of employment. If an employee currently resides outside
the state on the date of their appointment or start of their employment, they
need to take reasonable steps to become a resident of Adds “denied appointment” to the adverse reactions that an employer would be prohibited from taking against a civil service employee. Currently, civil service personnel cannot be appointed, promoted, discharged, or demoted to or from a civil service position, or in any other way favored or discriminated against due to political or religious opinions or affiliations, race, national origin, sex or age. The bill says an employee would not have those adverse actions happen to them if it were in response to them taking action under the rights of this law. Removal, Denial or Suspension, and
Representation at a Public Hearing Currently, professional firefighters, police officers or critical civil service personnel, may be removed, denied a promotion, or be suspended for neglect of duty, disobedience, misconduct, or failure to properly perform the person's duties. Under HF 420, the person alleging the misbehavior would have the burden of proving the misbehavior. Under current law, a person subject to a hearing has the right to be represented by any attorney at the person's expense. HF 420 would allow someone to be represented at a hearing or public trial by the person's authorized collective bargaining representative. The bill would take effect July 1, 2009. [4/2: 49-1] HF 450 allows the county commissioner of elections to open the polls at noon rather than 7 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. [4/2: 46-4] 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. The Senate adopted an amendment giving the county commissioner of elections the option to convene the special precinct election board, rather than making it a requirement. The Senate also added language stating that if in the preceding general election the counting of absentee ballots was not completed by 10 p.m. on Election Day, the commissioner is required to convene the special precinct election board on the day before the next general election to begin counting absentee ballots. [4/6: 49-0] 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. [4/7: 50-0] HF 708 makes changes relating to delivery of absentee ballots to applicants who are patients or residents of hospitals or health care facilities. Under current law, an absentee ballot applied for by a patient or resident of a hospital or health care facility must be personally delivered sometime during the 10 days preceding the election, or on Election Day in some circumstances. HF 708 changes that time period to 14 days preceding the election and provides that, in addition to that delivery, absentee ballots applied for by patients or residents of a hospital or health care facility may also be personally delivered within 10 days after the ballots have been printed. HF 708 prohibits observers from being present when ballots are delivered to a hospital or health care facility. [4/7: 50-0] HF 776 prohibits any person from using either false caller identification information with intent to defraud for purposes related to expressly advocating the nomination, election, or defeat of a clearly identified candidate or for the passage or defeat of a clearly identified ballot issue. HF 776 also prohibits using another person's identification information without that person's consent and with intent to deceive the recipient of a call. The bill applies to telephone communications made either through a traditional service provider or through the Internet. A willful violation of any provision of the campaign finance chapter is a serious misdemeanor punishable by confinement for up to one year and a fine of at least $315 but not more than $1,875. A variety of civil remedies is also available or rules of the Ethics and Campaign Disclosure Board, ranging from a reprimand to a civil penalty of not more than $2,000. [4/2: 49-0] STAFF CONTACT: Hannah Garden-Monheit SF 356 - Removal of a conviction due to identity theft HF 481 - Weight allowance for special trucks hauling distillers grains HF 552 - Appointment of airport commissioners FLOOR ACTION: SF 356, as amended, 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 the DOT to investigate convictions for scheduled violations that may be the result of identity theft. If the DOT finds that identity theft has occurred, the bill requires the department to provide a certified copy of their findings to the victim, the prosecuting attorney, and the district court. The victim must still pursue a motion to set aside judgment in court, and the department must expunge the mistaken identity convictions if and only if the court receives an order from the district court to do so. [4/8: 48-0 (Hatch, Houser excused)] HF 481 states that a special truck used for farming may be operated with a gross weight of 25 percent in excess of its registered gross weight when the truck is carrying distillers grains. Under current law, the 25 percent excess weight allowance only applies to vehicles transporting raw farm products, soil fertilizers, raw dairy products, livestock, live poultry or eggs. [4/6: 48-1(Dearden “no”; Behn excused] HF 552 states that a person appointed to an airport commission may be a resident of a city or county served by the airport. Under current law, appointees must be resident voters. The bill also removes obsolete language relating to the terms of 1991 appointees. [4/6: 45-0 (Behn excused)] STAFF CONTACT: Julie T. Simon SF 186 – Veterans’ preference in governmental hiring SF 254 – Report on HF 321 – Iowa Veterans Home
chauffeur license waiver HF 503 – Definition of
“veteran” HF 505 – Background checks for Iowa Veterans Home volunteers HF 706 – Mortgage
foreclosure protections for active duty servicemembers FLOOR ACTION: SF 186 is a Department of Workforce
Development recommendation to remove the requirement that a person be a citizen
and resident of The Senate unanimo SF 254 requires the Iowa Department of Veterans Affairs to
prepare and submit an annual report to the Governor and the General Assembly
relating to activities of the county commissions of veteran affairs. Copies m 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 m The Senate concurred
with the Ho HF 321 amends the definition of "chauffeur" to exempt
authorized employees and volunteers of the Iowa Veterans Home who, in the
course of their regular duties, transport patients or residents of the home
in an automobile or motor vehicle designed for up to nine passengers. Generally, a person who operates a motor
vehicle to transport for wages, compensation, or hire is considered a
chauffeur and subject to specific driver licensing requirements under HF 503 is an Iowa Department of Veterans Affairs recommendation
that changes the definition of “veteran” in several Iowa
Code provisions to include an The change would apply to provisions such as veterans’ preference in employment, membership on county commissions of veteran affairs, indigent burial expenses and support, grave markers, and the Hepatitis C Awareness Program. The expanded definition will not apply to property tax exemptions. Current law relative to the definition of veteran for purposes of providing a property tax exemption still applies and is not modified by this legislation. The bill would take effect July 1, 2010. It passed the Ho HF 505 requires criminal history and dependent adult and child ab The IVH
will request that the Department of Public Safety perform the criminal
history check and the Department of Human Services (DHS) perform child and
dependent adult ab The proposal, a recommendation
by the Department of Veterans Affairs, codifies current practice. HF 505 passed the Ho HF 706 provides mortgage foreclosure protection to all
active-duty servicemembers, including reservists and members of the Iowa National
Guard. It also increases the penalty
from a simple misdemeanor to a serio The Iowa Departments of
Veterans Affairs and Commerce will develop a plan to notify active-duty
members and financial institutions of the added protections. The bill passed
the Ho STAFF CONTACT: Kris Bell SF 422 – Nursing Home Quality Assurance Assessment SF 457 – City and SF 466 – Department of Revenue policy bill HF 722 – Modifying
conservation and recreation regulations FLOOR ACTION: SF 457 addresses property tax issues following the disasters of 2008. This bill will allow cities and counties to issue bonds over a 30-year period, rather than a 20-year period, for disaster recovery purposes. This bill will also allow cities and counties to establish "disaster revitalization areas" to encourage redevelopment by capping property assessments in disaster-damaged zones at pre-disaster levels for a period of 5 years. At the same time, the city or county must identify the measures to protect the area against future disaster damage. [4/2: 48-2 (Hamerlinck, McKinley “no”)] SF 466 is the
annual Department of Revenue’s policy bill.
It deals with many topics, including Housing Assistance Withholding
Credits, Endow COMMITTEE ACTION: SF 422 creates a quality assurance assessment fee, also known as a nursing facility provider tax, and authorizes the imposition of the fee on nursing facilities. The purpose of the fee is to generate revenue 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. [4/8: short form (Houser excused)] HF 722 makes various changes to regulations for conservation and recreation activities under the Department of Natural Resources (DNR), including: · Changing regulations for off-road utility vehicles and ATVs · 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 of turtles, fish and fish roe · Clarifying residency requirements for hunting and fishing licenses ·
Adjusting reciprocity conditions for border
areas between · 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. · Establishing an upland game bird advisory study committee [4/8: short form (Feenstra, Hamerlinck, Ward, Zaun “no”; Houser excused)] |