Senate Democrats

Week 14 Committee Action – April 15, 2009

 

APPROPRIATIONS

COMMERCE

EDUCATION

HUMAN RESOURCES

LOCAL GOVERNMENT

NATURAL RESOURCES

OVERSIGHT

REBUILD IOWA

STATE GOVERNMENT

TRANSPORTATION

WAYS & MEANS

 

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

SF 467 – Ag & Natural Resources FY10 Appropriations

SF 469 – Economic Development FY10 Appropriations

SF 471 – Transfer of energy-related programs and responsibilities

SF 475 – Justice FY10 Appropriations

SF 477 – Phase III Bonding FY10

SF 478 – Standings FY10

SF 485 – Disaster Loan Guarantee Program

HF 805 – Transportation FY10 Appropriations

HF 809 – Admin & Reg FY10 Appropriations

HF 811 – Health & Human Services FY10 Appropriations

 

FLOOR ACTION

 

SF 467 appropriates a total of $39.4 million from the General Fund and 1,601.3 FTE positions for FY10.  This is a decrease of $12.1 million and 31.4 FTE positions compared to the estimated net FY09 appropriations.  SF 467 also appropriates $85.2 million from other funds.  This is a decrease of $2.5 million compared to estimated FY09.  Highlights include: 

  • Appropriates the unobligated balance ($10,000) of the Agrichemical Remediation Fund to the Department of Agriculture and Land Stewardship for operations.
  • Appropriates $18.7 million from the General Fund and 408.0 FTE positions to the Department of Agriculture and Land Stewardship (DALS).  This is a decrease of $2.5 million and 37.0 FTE positions.  Changes include:

• A general reduction to operations of $2.5 million.

• A decrease of 36.0 FTE positions to eliminate vacant and unfunded positions.

• A decrease of 1.0 FTE position for a technical correction.

  • Appropriates $17.7 million from the General Fund and 1,169.0 FTE positions to the Department of Natural Resources (DNR).  This is a decrease of $9.4 million and a decrease of 1.0 FTE position.  Changes include:

• A decrease of $4.3 million for a general reduction that includes an FY09 supplemental appropriation $2.0 million (HF 414).

• A decrease of $4.1 million for the FY09 supplemental appropriation as specified in HF 414.

• A decrease of $985,000 for one-time funding for redemption center grants.

• A decrease of 3.0 FTE positions that are transferred to the Office of Energy Independence.

• Permits the DNR to use Stormwater Discharge Permit fees to fund 2.0 FTE positions for the reduction of floodplain permits and to fund 2.0 FTE positions for the federal Total Maximum Daily Load (TMDL) Program.

• Appropriates funds from the National Pollutant Discharge Elimination System (NDPES) Permit Fund the DNR for administering the NPDES Program.

  • Appropriates $2.9 million for the Veterinary Diagnostic Laboratory at Iowa State University (ISU).  This is a decrease of $202,000.
  • Appropriates $42.0 million from the Environment First Fund.  Changes include:

• A decrease of $50,000 for the Farm Demonstration Program.

• An increase of $100,000 for the Air Quality Monitoring Program for equipment.

• A decrease of $50,000 for the Global Climate Change Study that has been completed.

  • Eliminates appropriations to the Snowmobile and All-Terrain Vehicle Funds.  This is a decrease of $950,000 to the Snowmobile Fund and $775,000 to the All-Terrain Vehicle Fund.  In FY09, the General Assembly replaced funding that was deappropriated in FY 2002.  Funding was from the Unassigned Revenue Fund of the Underground Storage Tank Fund.
  • Increases the percentage of program funding the DALS can use for administrative expenditures in various Environment First Fund Programs for a total increase of $507,000.  This includes:

• $30,000 for the Conservation Reserve and Enhancement Program.

• $51,000 for the Watershed Protection Fund.

• $16,000 for the Farm Demonstration Management Program.

• $30,000 for the Agriculture Drainage Wells Program.

• $30,000 for the Conservation Reserve Program.

• An increase of $350,000, for the Soil Conservation Cost Share Program.

  • Requires the DALS and the DNR to submit a quarterly report to the Legislative Services Agency, the Department of Management, the members of the Agriculture and Natural Resources Appropriations Subcommittee, and the Chairs and Ranking Members of the standing Appropriations Committees, detailing the expenditures of the money appropriated.
  • Employees are required to submit receipts for their expenses. 

 

Other highlights include:

·        Agriculture energy efficiency education program - The proposal is to have UNI establish and administer an agriculture energy efficiency program to assist agriculture producers in reducing energy use and increasing profitability.  UNI is only required to carry out the program if it receives federal funding.

·        Septic tank inspections – The amendment would delay the effective date of the septic tank inspection requirement at the time of transfer of real estate.  The inspection requirement is set to begin on July 1st.  The amendment would change the date to July 1, 2010.  There is a concern on the part of the realtors, bankers, and the Iowa State Bar Association that there will not be enough inspectors around the state on the effective date to adequately complete the required inspections. 

The amendment also expands the list property transfers that are exempt form the inspection requirement to include additional transactions that are “paper” in nature, and not true person to person transactions.  The list in the amendment is identical to the list of transactions that are exempt from the real estate transfer tax.

·        Pharmaceutical collection and disposal program – This would require DNR to award up to $165,000 from the Solid Waste Alternatives Program to the Iowa Board of Pharmacy to implement and administer a program for the collection and appropriate disposal of unused, excess, and expired pharmaceuticals.  The Iowa Board of Pharmacy may cooperate with Iowa Pharmacy Association in administering the program, and may consult with DNR and landfill operators in implementing and administering the program as well.  The goal of the program would be to keep pharmaceuticals from being sent to the landfill or flushed down the drain, where they could enter the water supply.  [4/13: 32-18]

 

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.  [4/13: 31-19]

 

SF 471 provides for the transfer of energy-related programs and responsibilities from the Department of Natural Resources to the Office of Energy Independence. The goal is to bring all of the state’s energy-related programs under one agency rather than having them spread out between different agencies.  [4/13: 33-17]

 

SF 475 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 Iowa Law Enforcement Academy, Board of Parole, and the Civil Rights Commission. This is a decrease of $18.4 million and an increase of 7.5 FTE positions compared to the estimated net FY09 General Fund  appropriations.  Highlights Include: 

 

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

Madison.

• A decrease of $966,000 to eliminate funds for the Violator Program at the Newton and

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 Cedar Rapids. Approximately

$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.

 

Iowa Law Enforcement Academy (ILEA): A decrease of $109,000 for a general reduction.

 

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.  [4/9:  31-19]

 

HF 805  appropriates a total of $352.4 million to the Department of Transportation (DOT). This includes $49.9 million from the Road Use Tax Fund, $302.4 million from the Primary Road Fund, and 3,393.0 FTE positions. This is an increase of $15.6 million and 20.0 FTE positions compared to estimated FY09.  [4/9:  31-19]

 

COMMITTEE & FLOOR ACTION:

 

HF 811 appropriates a total of $1.249 billion from the General Fund and 6,990.7 FTE positions to the

Departments of Elder Affairs, Public Health, Human Services, and Veterans Affairs, and the Iowa

Veterans Home. This is an increase of $25.1 million and a decrease of 136.8 FTE positions compared to the estimated net FY09 appropriations. This bill provides for a reduction in the FY 2009 Medicaid

appropriation of $52.0 million.  HF 811 appropriates a total of $414.8 million from other funds. This is a decrease of $136.3 million compared to the estimated net FY09 appropriations.  

 

Highlights of the General Fund appropriations include: 

Department of Elder Affairs: A decrease of $316,000 and 3.0 FTEs.

Department of Public Health: A net increase of $25.3 million and a net decrease of 7.45 FTEs

Department of Human Services: A net increase of $2.9 million and a net decrease of 147.15 FTEs

Veterans Affairs: A net decrease of $2.8 million and a net increase of 20.8 FTEs. 

 

The Senate adopted an amendment which makes these changes: 

Funding Changes:

  • Restore $70,000 to Direct Care Workers scholarships
  • Additional $233,000 to Iowa Direct Care Workers Association
  • Additional $164,000 to IDPH for Direct Care Workers training and curriculum
  • Restore $108,000 to ICCCC (cancer screenings)
  • Restore $250,000 to FaDSS program
  • Restore $175,000 for Exceptional Children program
  • Puts $500,000 gambling treatment back to balance sheet
  • Increases the Health Care Trust Fund by $1 million due to interest earned
  • Moves $80,000 from group care to Family Support Subsidy

 

Policy Changes:

  • Adds language to direct DHS to study the feasibility of expanding the SNAP (food assistance program) eligibility to 160 percent of FPL.
  • Requests an interim committee to study pharmacy related issues:  Medication Therapy Management, Evidence-based prescriber education programs, Collaborative practice models of care and quality and performance-based payment systems
  • Allows mental health mobile crisis teams to be eligible for risk pool funding
  • Allows carry forward for child welfare providers training
  • Allows carry forward for pregnancy counseling funds
  • Corrective language for Family Support Subsidy programs
  • Corrective language for Child Death Review Teams under Med Ex Office
  • Corrective language for ISAC regarding approval of county plans
  • Incorporates language from HF 580 and SF 231 regarding nonparticipating IowaCare providers reimbursement and future IowaCare waivers
  • Cosmetology Board language to allow exam results from national testing agency to be disclosed to board approved programs to verify data

 

Strikes:

  • DHS study on child care providers inspections
  • DHS study on child abuse information provided to juvenile courts
  • DHS study on suspending adoption subsidy payments
  • DHS requirement to staff a Governor’s Task Force on MHIs, if created
  • Study by Woodward and Glenwood Superintendents on adding new positions, etc
  • DHS requirement to participate in Lean Government Exchange
  • Requirement that MH/MR/DD/BI Commission and the Mental Health Planning Council submit a report by January 2010 (groups still required to meet)[ 4/15:  31-19 (party-line, with Kreiman voting “no”; 4/13:  16-9]

 

COMMITTEE  ACTION:

 

SF 477 is a “shell” bill for the FY10 Phase III bonding appropriations.  A shell bill was passed out to meet Senate and House joint rule requirements.  [4/9: 16-6]

 

SF 478 is a “shell” bill for the FY10 Standings appropriations.  A shell bill was passed out in order to meet Senate and House joint rule requirements.  [4/9: 16-6]

 

SF 485 requires Dept. of Economic Development (DED) to establish and administer a disaster assistance loan & credit guarantee program to provide loan and credit guarantees to all of these qualifying businesses:

·        Businesses directly impacted by a natural disaster from after May 24, 2008 and before Aug. 14, 2008.

·        Businesses either locating an existing business or starting a new business in a disaster-impacted space in a presidential disaster area.  Disaster impacted space means a building damaged by a natural disaster occurring after May 24, 2008, and before Aug. 14, 2008.  This includes undamaged upper floors of a building that was damaged by the natural disaster.

·        Businesses filling a critical community need in conformance with the comprehensive plan of the city as determined by resolution of the city council.  Includes businesses within two miles of the city limit.      

 

Other requirements include:

·        A loan or credit guarantee under the program shall not exceed 10 percent of the loan or $25,000, whichever is less.  Only one loan or credit guarantee allowed per federal employer identification number (FEIN).

·        The loan or credit guarantee under DED may stand alone or may be used with other programs offered by a financial institution.  DED may purchase insurance to cover defaulted loans.  However, the DED shall not directly or indirectly pledge the credit of the state.

·        Eligible project costs include expenditures for equipment, machinery, land, operations, research & development, marketing, engineering and architectural fees, and other costs as designated by DED.

·        The DED program shall not be used for debt refinancing.

·        Each participating financial institution is required to identify and underwrite potential lending opportunities with qualifying businesses and submit the information to the DED.

·        The DED agreement with the financial institution shall specify all of the following

o       The fee to be charged to the financial institution.

o       Evidence of debt assurance of, and security for, the loan or credit guarantee.

o       A loan or credit guarantee that does not exceed 15 years.

·        The DED fee is nonrefundable and may be between $500 and $1,000 per application.  DED retains the fee for administration costs.

·        The DED may adopt loan & credit guarantee application procedures that allow a business to apply directly to DEC for a preliminary guarantee commitment. 

·        Creates a Disaster Assistance Loan & Credit Guarantee Fund.  Eligible uses include:

o       Payment of claims pursuant to loan & credit agreements.

o       Administrative costs incurred by DED.

o       Purchase or buyouts of superior or prior liens, mortgages or security interests

o       Purchase of insurance to cover the default of loans.

o       Fees charged by DED are deposited in the fund.

o       Money in the fund does not revert.  Interest earned stays in the fund.

o       DED shall only pledge money in the fund and not any other money under the control of the DED.

·        Financial Institution is defined as a state of Iowa charted bank or credit union.

·        Appropriates $1.8 million from the interest in the Federal Economic Stimulus and Jobs Holding Fund to DED (beginning July 1, 2008) for deposit in the Disaster Assistance Loan & Credit Guarantee Fund.

·        Act takes effect upon enactment.  [4/9: 16-6]

 

HF 809, the Administration and Regulation budget, appropriates a total of $85.9 million from the General Fund and authorizes 1,633.2 FTE positions for FY10. This is a decrease of $11.6 million and an increase of 14.2 FTE positions compared to estimated net FY09. The Bill also appropriates a total of $21.1 million from other funds, an increase of $7,000 compared to estimated net FY09.  Highlights include: 

Department of Administrative Services (DAS)

A decrease of $968,000 for a general reduction to the DAS operating budget. The decrease includes a reduction of $114,000 for a position that will be funded from the Rebuild Iowa Office in FY10.

A decrease of $126,000 for a reduction to the utilities appropriation. (Page 1, Line 14)

Auditor of State

A decrease of $328,000 for a general reduction to the Auditor’s operating appropriation.

 

Ethics and Campaign Disclosure Board

A decrease of $14,000 for a general reduction to the Board’s operating appropriation.

Department of Commerce

A total decrease of $1.6 million for general reductions to all divisions of the Department of Commerce.

Governor’s Office

A total decrease of $857,000 for general reductions to the Governor’s Office appropriations. The decrease includes a reduction $163,000 and 2.0 FTE positions that will be funded from the Rebuild Iowa Office in FY10.

Governor’s Office of Drug Control Policy

A decrease of $1.7 million associated with eliminating State funding for Drug Task Forces. For FY10, the Drug Task Forces will be funded through federal Block Grant and the American Recovery and Investment Act (ARRA) monies.

Department of Human Rights

A total decrease of $404,000 for general reductions.

Department of Inspections and Appeals

A total decrease of $1.3 million for general reductions.

Department of Management

A total decrease of $432,000 for a general reduction.

Department of Revenue

A decrease of $3.6 million for a general reduction.

Secretary of State

A decrease of $284,000 for a general reduction.

Treasurer of State

A decrease of $115,000 for a general reduction.

Rebuild Iowa Office

Appropriates $198,000 and 12.0 FTE positions for the newly established Rebuild Iowa Office. The FTE positions will be primarily funded with federal funds. [4/13: 16-9]

 

 

 

STAFF CONTACT:    Julie T. Simon

 

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

 

FLOOR ACTION:

 

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

 

The House amendment was the result of continued discussions with DOT, DAS, various representatives of the insurance industry and the Iowa Association of Credit & Collections Professionals. It further limits major fiscal impact to the State. It also clarifies the permitted internal uses of a certified abstract of an operating record and the sharing of the abstract with affiliates of an insurer, and that use of any personal or protected information in the abstract is subject to the restrictions in Iowa law and the federal Driver’s Privacy Protection Act. The bill passed the House 97-0. [4/13: concur 50-0]

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 81 – Disaster relief authority for schools

 

FLOOR ACTION:

 

SF 81 amends various school-related sections of the Code to allow for increased flexibility (with oversight) during the time of a disaster. Provisions include allowing a school district to go to the School Budget Review Committee (SBRC) for additional taxing authority for rebuilding and repairing, allowing the Department of Education to waive statutory obligations if a district can’t reasonably comply due to a disaster, allowing Area Education Agencies to purchase property to replace damaged property after a disaster, and expanding the use of the Physical Plant & Equipment Levy (PPEL) to include demolition, clean up, and other disaster-related recovery costs within 24 months of a disaster. The bill came back from the House with a simple amendment changing “attendance center” to “school facility.” [4/9:  37-13 (Behn, Feenstra, Hahn, Hamerlinck, Hartsuch, Houser, Johnson, Kettering, McKinley, Reynolds, Ward, Wieck, Zaun voting “no”)]

 

 

 

STAFF CONTACT:    Kris Bell

 

SF 323 – Foster Care Records

HF 580 – IowaCare Program

 

FLOOR ACTION:

 

SF 323 allows foster care providers to request specific additional information about foster children’s health records and also requires the information to be supplied in a timely manner. The Senate voted to reject a House amendment that would have prevented foster care parents caring for a child accused of abuse from operating day care centers. [4/14: 18-32 (party-line)]

 

HF 580 requires any Medicaid program waiver relating to the continuation of the IowaCare program submitted on or after July 1, 2010, the Department of Human Services to include provisions for reimbursement of eligible services provided to an expansion population member by a nonparticipating provider if the nonparticipating provider complies with certain requirements. It also 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.  [4/9: 50-0]

 

 

 

STAFF CONTACT:    Kerry Wright

 

SF 435 – Right to enter property by surveyors

SF 437 – Drainage district meetings and open records

HF 260 -- Operation of county, memorial, city hospitals code updates

 

FLOOR ACTION:

 

SF 435 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.  [4/13: 50-0]

 

SF 437, which was merged with HF 571 in the House, requires a 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 EMS. Current law requires a 48-hour notice. The bill also amends the definition of a pioneer cemetery from six or fewer burials in the preceding 50 years to 12 or fewer. SF 437 also requires that drainage or levy district meetings must comply with the open records law. It prevents township trustees from violating the open meeting laws when meeting at the pioneer cemetery. [4/13: 50-0]

 

HF 260 relates to the operation of county, memorial and city hospitals and makes Code updates. [4/9: 50-0]

 

 

 

STAFF CONTACT:    Jace Mikels

 

HF 722 – Modifying conservation and recreation regulations

 

COMMITTEE ACTION: 

 

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 of wearing 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 Nebraska and Iowa

·        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 [4/15: 47-2 (Behn and Feenstra “no”; Hartsuch excused]

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 484 – Dependent adult abuse (Atalissa)

 

COMMITTEE & FLOOR ACTION:

 

SF 484 incorporates the premilinary Dependent Adult Taskforce recommendations and contains these provisions:

·        Requires the Commissioner of Labor to develop a database of the employers using special certificates authorizing them to pay below minmum wage. 

·        Defines a “boarding home” and exempts all currently regulated entities under Department of Human Services (DHS), Department of Public Health and Department of Inspections & Appeals (DIA).

·        Requires owners of boarding homes to register with DIA and submit occupancy information.

·        Requires allegations to be investigated with an inter-agency approach.

·        Requires DHS to retain “unfounded” reports for five years and requires DHS to retain “rejected” reports for three years.

·        Requires the Taskforce on Dependent Adult Abuse to continue to meet and recommend a uniform assessment instrument and process for assessing dependency.

·        Provides for multi-agency training and building awareness concerning depedent adult reporting.

·        Funding is provided through the existing Medicaid Fraud Account in the Department of Inspections & Appeals. [4/9:  Short Form; 4/15:  50-0]

 

 

REBUILD IOWA

 

STAFF CONTACT:    Theresa Kehoe

 

HF 759 – Boundaries for National Flood Insurance


FLOOR ACTION

 

HF 759 requires all counties and cities in this state that have an effective flood insurance rate map or flood hazard boundary map published by the Federal Emergency Management Agency (FEMA) that identifies a special flood hazard area within the political boundaries of the county or city shall meet the requirements for participation in the National Flood Insurance Program administered by FEMA on or before July 30, 2013. 

 

If a county or city does not currently have an effective flood insurance rate map or flood hazard boundary map published by FEMA that identifies a special flood hazard area within the political boundaries of the county or city, the county or city shall have 60 months from the effective date of any future flood insurance rate map or flood hazard boundary map published by FEMA to meet the requirements for participation in the National Flood Insurance Program. State participation in funding financial assistance is contingent upon the county or city participating in the National Flood Insurance Program.

 

The Committee adopted an amendment that changes the date from July 30, 2013, to June 30, 2013, and requires the Insurance Commissioner to develop recommendations on policies and incentives to expand the availability of flood insurance. The report is due Nov. 15, 2009.  [4/13:  45-5]

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

HF 243 – Gender Equity

 

FLOOR ACTION:     

 

HF 243 requires appointive boards, commissions, committees, and councils of a political subdivision of the state that are established by the Iowa Code to be gender balanced.  However, the bill provides for an exemption if a “good faith effort” has been made by the political subdivision to appoint a qualified person to fill a vacancy on a board or commission for a period of three months but has been unable to fill the position.  Political subdivisions are required to utilize a fair and unbiased method of selecting the best qualified applicants.  This requirement does not prohibit an individual whose term expires prior to January 2012 from being reappointed even though the reappointment continues an inequity in gender balance.  The gender balance requirement for political subdivisions applies beginning on and after January 1, 2012.  The Senate State Government Committee approved a similar bill (11-3) on Feb. 9.  [4/13:  31-19 (party-line, with Quirmbach voting “no”]

 

 

 

STAFF CONTACT:    Hannah Garden-Monheit

 

SF 151 – Railway Assistance and Passenger Rail Service

SF 419 DOT omnibus

 

FLOOR ACTION: 

 

SF 151, as amended on the floor, makes changes to state programs relating to railway assistance and passenger rail service, including provisions for the administration of the Railway Revolving Loan & Grant Fund, the elimination of the Railway Finance Authority, and the administration of the Passenger Rail Service Revolving Fund. [4/8: 36-13 (Party-line except Bartz, Hamerlinck, Hartsuch, Kapucian voting “no”; Houser excused)]

 

SF 419, as amended on the floor, is the Department of Transportation’s omnibus bill.  It provides technical changes relating to Iowa Code chapters affecting the operations of the Department of Transportation (DOT).  It updates, corrects and adds consistency to these provisions. 

 

Provisions of note include:

       Sections 10 and 11 clarify that a person is disqualified from operating a commercial vehicle if the person commits the offense of operating a noncommercial motor vehicle while intoxicated;  Section 7 requires the DOT to rescind the disqualification of a Commercial Drivers’ License (CDL) if it was imposed as the result of the person operating a noncommercial motor vehicle while intoxicated and the noncommercial license revocation is rescinded

       Section 12 eliminates a provision allowing DOT to waive or refund drivers license fees if the DOT determines that the standard for timely service has not been met

       Sections 20 through 28 make several amendments to chapter 321H, Vehicle Recyclers, including a penalty for persons convicted of a fraudulent practice or indictable offense in connection with selling or other activity relating or motor vehicles

       Section 30 codifies that DOT motor vehicle enforcement officers may conduct compliance reviews of interstate trucking companies at the motor carrier’s place of business

       Section 37 removes aviation fuel gallons from the formula for ethanol market share used by the Department of Revenue to calculate fuel taxes

       Section 35 caps TIME-21 at $225 million

Amendment S-3192, adopted on the floor, allows students with school licenses to start using them at 5am instead of 6am and allows them to stop at a gas station along the route.  It also changes the waiting period for a temporary restricted license after a second OWI conviction from one year to forty-five days, with the requirement that an ignition interlock system be used. [4/8: 49-0 (Houser excused)]

 

 

 

STAFF CONTACT:    Kris Bell

 

SF 116 – ATV Casual Sales

SF 214 – Methane Gas Conversion

SF 464 – Biodiesel Fuel

SF 465 – County Land Record Information System

SF 476 – Nursing Facility Quality Assurance Assessment

SF 480 – Film Tax Credits

SF 481 – Historic Tax Credits

SF 482– Youth Corps and Green Corps

SF 483 –Tax Credit Cap, Carryback Losses and Interest

 

FLOOR ACTION:

 

SF 116 provides that the casual sales exemption under the state sales tax code does not apply to sales of all-terrain vehicles, snowmobiles, off-road motorcycles and off-road utility vehicles.  [4/15:  29-20 (party-line with Hancock, Kreiman and Ragan voting “no”; Hartsuch excused)]

 

SF 464, as amended on the floor, states that all diesel sold in Iowa must be at least a B5 biodiesel blend.  The bill allows the Governor to suspend the B5 requirement if there is a lack of infrastructure, a shortage of B5, or a market change will cause economic hardship.   It also changes the Renewable Fuel Infrastructure Program, the biodiesel blended fuel tax credit, and the ethanol promotion tax credit to create incentives for blends above B5.  [4/15: 31-19 (party-line except for Bartz, Boettger, Houser, Seymour voting “aye” ; Dandekar, Gronstal, Horn, McCoy, Warnstadt voting “no”]

 

SF 465 relates to the duties and authority of county recorders and the County Land Record Information System. The bill requires each county to participate in the County Land Record Information System and comply with the policies and procedures established by the governing board of the County Land Record Information System.

 

The bill increases the electronic transaction fee from $1 per recorded transaction to $3 for transactions recorded between July 1, 2009, and June 30, 2011.  The bill also provides that the electronic transaction fee for transactions recorded on or after July 1, 2011, is $1.  The land surveyors are exempt from the additional fee.

 

The bill authorizes the county recorder or the governing board of the County Land Record Information System to enter into an agreement to provide access to electronic documents or records on a batch basis, as defined in the bill, and to collect fees for such access. The company selected for the redaction process cannot sell, transfer, or disseminate the electronic documents in an unaltered form.

 

The bill amends the definition of "redact" or "redaction" to mean the process of permanently removing all or a portion of personally identifiable information from documents and requires that personally identifiable information contained in electronic documents that are displayed for public access on a website, or which are transferred to any person for commercial purposes, be redacted prior to displaying or transferring the documents and redaction to be fully implemented by December 31, 2011.  [4/14:  43-6 (Behn, Dandekar, Hamerlinck, Hartsuch, McCoy, Sodders “no”; Reynolds “present”)]

 

SF 476 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.  [4/13:  45-5 (Behn, Hamerlinck, Hartsuch, Noble, Ward “no”)]

 

FLOOR AND COMMITTEE ACTION:

 

SF 214 allows a property tax exemption for methane gas conversion property.  [4/9:  short form (Hamerlinck, Houser excused)]  [4/13:  50-0]

 

SF 480, an Economic Growth Committee bill, relates to the eligibility for tax credits for qualified expenditures and deduction from income received from qualified expenditures under the Film, Television & Video Project Promotion Program.  [4/9:  short form (Hamerlinck, Houser excused)]  [4/14: 46-4 (Feenstra, Hamerlinck, Hartsuch, Johnson “no”)]

 

SF 482 relates to the youth employment programs administered by the Commission on Volunteer Service by establishing the Iowa Summer Youth Corps and the Green Corps programs.  [4/9:  short form (Hamerlinck, Houser excused)]  [4/13:  49-0 (Beall excused)]

 

SF 483 sets a cap of property tax credits that are administered by the Department of Economic Development at $175 million.  Credits that will be included in the cap are the Research Activities Supplemental Credit; High Quality Job Creation; Film, Television & Video Project; Enterprise Zone, and the Assistive Device Tax Credit. The bill also ends the carryback of net operating losses of corporations and provides only for the current carryforward period of 20 years. It also provides for the accrual of interest on refunds due to individual and corporate income taxpayers.  [4/9:  short form (Bartz, Feenstra, Ward, Zaun “no”; Hamerlinck, Houser excused)]  [4/14:  32-18 (party-line)]

 

COMMITTEE ACTION:

 

SF 481, which is an Economic Growth Committee bill, relates to the total amount of tax credits that may be approved for property rehabilitation for the preservation of historic properties.  The bill increases the limit of tax credits from $20 million to $50 million each fiscal year.  [4/9:  short form (Hamerlinck, Houser excused)]