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Senate
Democrats Week 15 Committee Action – April 22, 2009
ENVIRONMENT & ENERGY INDEPENDENCE STAFF CONTACT: Theresa Kehoe SF 452 – Community
Grants for Energy Efficiency Projects SF 470 – Education
FY10 Appropriations SF 472 – Judicial
Branch FY10 Appropriations SF 475 – Justice FY10 Appropriations HF 809 – Admin
& Reg FY10 Appropriations 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. [4/16: 35-15] 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 $5.3 million (14.4 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 percent) for Community College General Aid. • A FY10 appropriation of $917,000 for Community College Salaries. The estimated net FY09 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 these 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 budgets 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.
The House made extensive changes to SF 470. This is a summary of the Senate changes to the House version of SF 470: · Allow corporate donations to School Tuition Organization (STO) to be eligible for the tax credit. An individual may claim the tax credit allowed a partnership, limited liability company, S corporation, estate, or trust electing to have the income taxed directly to the individual. The amount claimed by the individual shall be based upon the pro rata share of the individual's earnings of the partnership, limited liability company, S corporation, estate, or trust. Corporate contributions shall be limited to no more than 25% of each STOs total tax credit allocation. · Board of Educational Examiners (BOEE) are to adopt rules for non-professional recognition degree folks who work with kids. ·
BOEE to adopt rules to incorporate Athletic
Trainers into Teacher Quality (TQ) funds. ·
Accept House language to require Regent
information collection. · Accept House language on ISU College of Veterinary Medicine. ·
Higher Ed Compact - Keep language in Code
but STRIKE the out-year funding for dues. ·
Return appropriation amounts to Senate
version. ·
Retained the following language from the
House: o Adds language relating to state department or agency cost-savings measures. These include: § For the fiscal year beginning July 1, 2009, and ending June 30, 2010, state agencies under this budget are required to submit all reports electronically to the general assembly rather than submitting a printed copy. § Develop and implement procedures to identify and result in cost savings for office supplies, service contracts, professional services, video conferencing, use of the ICN, equipment purchases, and interstate and intrastate travel by state employees and members of state boards, committees, commissions, and councils for which the department or agency provides administrative services. § Require employees to submit actual receipts for meals and other costs. §
Requires school districts to spend the
revenues received relating to weighted enrollment for the purposes for which
the weighting was assigned under home school assistance program. · Strike: Price Lab Language. Return to Senate version with $35,000 RDDD study funded. · Strike: Out of state travel restriction · Strike: Pledge of Allegiance · Strike: Display of Flags · Strike: Student Photos on Social Pages [4/21: 31-17] 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. The Senate concurred with a House amendment to allow a judicial officer to waive travel expenses. [4/16: 30-19] 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 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 FY09 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 • 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. The Senate accepted a House provision which instructs the Departments of Correction and Public Safety to make every effort to retain correction officer and peace officer positions. The Senate struck a House provision relating to prison industries. [4/21: 31-17] 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 Stat: 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
The
Senate adopted an amendment making these changes:
Allow hard liquor sales at gas stations statewide. [4/21: 21-19] STAFF CONTACT: Julie T. Simon SF 403 – FLOOR ACTION 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 ENVIRONMENT & ENERGY
STAFF CONTACT: Jace Mikels HF 756 – Watershed
and flood plain management policies FLOOR ACTION: HF 756 adds
flood mitigation to the mission of the Water Resources Coordinating Council.
This council is composed of various governmental organizations and was
created last year to address mainly water quality issues. The council will
work on policies to promote watershed management and reduce the impact of
future flooding on The bill also establishes a Mississippi River Partnership
Council, which is intended to be a forum for city, county, state,
agriculture, business, conservation, and environmental representatives and
stakeholders to discuss matters relevant to the STAFF CONTACT: Kris Bell SF 236 –
Psychiatric Medical Institutions for Children (PMICs) SF 389 – 2009
Health Care Reform SF 433 – Nursing
Home policy bill FLOOR ACTION: SF 236 changes the reimbursement methodology for Psychiatric Medical Institutions for Children (PMICs). The current methodology sets a per diem rate, which has constrained the ability of PMIC providers to accept and treat children with intensive needs. The bill sets up a higher interim rate and directs the Department of Human Services to work with providers to develop an acuity-based methodology. The bill also sets up a process to measure performance outcomes in the future. The bill was amended by the House to clarify use of appropriate out-of-state placements. [4/16: 50-0] SF 389 is the
2009 Health Care Reform bill. It builds on last year’s bill (HF 2539). The
bill makes it possible to cover an additional 30,000 children who are
currently uninsured. The reforms will also help adults
access affordable insurance options. A legislative Health Care Commission is
created to make recommendations to the General Assembly. The bill also allows
an 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. [4/22: 48-0 (Behn, Kapucian excused)] STAFF CONTACT: Cathy Engel SF 415 – Disaster
Affected Abandoned Property HF 712– Consumer
Private Right of Action FLOOR ACTION: 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, 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 from 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, the money shall revert to the general fund of the city. The House amended the Senate File by adding that a city may establish a “property rights defense account” within the city’s general fund and any unclaimed monies that were intended to compensate potential property owners relating to this legislation may be deposited in this account. The monies in this account are to be used to reimburse property owners who incurred attorneys’ fees and other costs as a result of a city’s petition to seek title to their property under this law. In addition, the amendment provides that if a property owner submits a written request that a city’s petition for title to disaster affected abandoned property be dismissed, the court shall dismiss the petition. The amendment also adds that the court will retain jurisdiction in determining the priority of liens and other interests in the property. At the request of any respondent, the court is required to apportion the amount deposited by the city among the lien and interest holders. [4/16: 50-0] HF 712 creates a private remedy for certain Consumer Fraud Act violations. It provides that a consumer who suffers damage or injury as a result of a prohibited practice, such as deception, false promises, concealment of material facts, or misrepresentations relating to merchandise they have purchased, may seek an action at law to recover actual damages and/or injunctive relief. In addition, a prevailing consumer shall be awarded costs and reasonable attorney fees. The attorney fees are to be reasonable as determined by a list of factors set out in the legislation. If the court or jury finds by a preponderance of the evidence that a prohibited practice or act in violation of this law constitutes willful and wanton disregard for the rights or safety of another, in addition to an award of actual damages, the court may award additional damages up to three times the amount of the actual damages. The bill defines a prohibited practice or act to include an unfair practice, deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of a material fact with the intent that others rely on your behavior in connection to the advertisement, sale or lease of consumer merchandise, or the solicitation of contributions for charitable purposes. The bill exempts services and merchandise offered by a number of groups, including insurance companies, attorneys, financial institutions, public utilities, hospitals, doctors and others. Also, the bill does not apply to certain advertising by a retailer for a product unless the retailer participated in the preparation of the advertisement or knew that the advertisement was deceptive or misleading. The bill requires notice of private consumer fraud actions to be sent to the Attorney General’s Office. In addition, any class action filed pursuant to this law must be approved by the Attorney General. [4/20: 48-0 (Behn, Hartsuch excused)] STAFF CONTACT: Kerry Wright SF 437 – Drainage
district meetings and open records FLOOR ACTION: 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 STAFF CONTACT: Theresa Kehoe HF 278 – Occupancy
Rates Licensed Premises for Consumption of Alcohol FLOOR ACTION: HF 278 requires local authorities in a county with a population in excess of 300,000 (i.e., Polk County) to require persons obtaining or holding a liquor control license for on-premises consumption of alcohol to provide, and update if necessary, the occupancy rate of the licensed premises. [4/20: 39-11] STAFF CONTACT: Julie T. Simon SF 451 – Definition
of “resident” for tuition, fees for veterans 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 457 – City and
County bonding after disasters SF 461 – Retail Tax
Increment Financing SF 481 – Historic
Tax Credits HF 810 – Small Wind
Innovation Zones HF 815 – Public
Postsecondary Institution Articulation Agreements HF 817 – Renewable
Energy Research Activities Credit 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 five years. At the same time, the city or county must identify the measures to protect the area against future disaster damage. [4/21: 47-0 (Hatch “present”; Hartsuch, Johnson excused)] SF 461 relates to Retail Tax Increment Financing. It requires an eligible city to adopt a resolution of intent before proposing an ordinance authorizing the use of sales and services tax revenues attributable to retail establishments in an urban renewal area to fund urban renewal projects located in the area. [4/16: 48-0 (Hatch, Houser excused)] 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. [4/16: 48-0 (Hatch, Houser excused)] FLOOR AND COMMITTEE ACTION: HF 810 creates a process for creating “small wind innovation zones.” The process allows for the creation of a model local ordinance and model utility interconnect agreement. It allows wind innovation zone projects access to existing wind energy production tax credits. The tax credit is equal to 1.5 cents per kilowatt-hour produced and is available for 10 years after an approved project commences operations. [4/16: short form] [4/20: 50-0] HF 815 directs the Boards of Directors of the Community Colleges and the State Board of Regents to enter into a collective statewide articulation agreement to provide for the seamless transfer of academic credits from a completed associate of arts or associate of science degree program offered by a community college to a baccalaureate degree program offered by a Regents university. [4/21: short form (Hogg, McCoy excused)] [4/22: 48-0 (Behn, Kapucian excused)] HF 817 increases the current cap of $1 million on refundable tax credits awarded for renewable energy components to $2 million. The bill transfers $1 million from the Grow Iowa Values Fund to the General Fund for this purpose. [4/16: short form] [4/21: 48-0 (Hartsuch, Johnson excused)] |