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Week 4 –
Committee Reports STAFF CONTACT: Julie T. Simon SF
2109 – Revisions to consumer credit code, motor vehicle rentals/sales SF
2116 – IFA certificate of release SF
2117 – IFA closing protection letters in real estate transactions COMMITTEE ACTION SF 2109 (SSB 3038) is a proposal by the Attorney General that
updates Iowa’s consumer credit code to reflect amendments made and
regulations issued to the federal Truth in Lending Act prior
to 2008. The bill also
modifies the definition of personal property relating to
consumer rental purchase agreements (a.k.a. rent-to-own) to exclude motor
vehicles. This closes a loophole that
allowed dealers to evade laws already on the books that protect consumers who
take out loans to buy motor vehicles. [2/5: short form] SF 2116 (SSB 3037) is an Iowa Finance
Authority proposal that modifies the standard for imposing liability on its
title guaranty division. Currently
the division is liable to a mortgagee and mortgage servicer
for actual damages sustained if a certificate of release is wrongfully or
erroneously recorded. This adds “through an act of negligence”
for liability if a recording error is made. [2/5: short form] SF 2117 (SSB 3036), a departmental proposal from Iowa Finance Authority, adds
"closer" to the participants who may be covered by a closing protection letter in real estate
transactions. A closing
protection letter protects against loss of settlement funds
due to the acts of the division's named participating attorney or
participating abstractor. Through its
title guaranty division, IFA may issue a closing protection letter that conforms to the terms of coverage and form of the instrument and may indemnify a person to whom a proposed title guaranty is to be issued. The bill takes effect upon enactment. [2/5: short
form] STAFF CONTACT: Bridget Godes SSB
3006 – BOEE clean-up SSB
3009 – Lead/dental screening clean-up SSB
3070 – Entrepreneurs with disabilities program oversight SSB 3143 – FY 2010 allowable growth SSB 3006 is the Board of Educational Examiners (BOEE) Code clean-up bill. The bill makes three changes. First, the bill removes a restriction in the definition of practitioner which excludes an individual from holding a “professional” license and adds the term "practitioner.” Second, the bill exempts the director of the Department of Education from the requirement that BOEE members hold a “valid practitioner's license” during the member's term of office. Finally, the bill cleans up a date mistake related to professional development program offerings and state board approvals. [2/4: Short Form (Zaun, McKinley, Johnson—absent)] SSB 3009 changes legislation passed last session to allow the enrollment of students, with or without a lead or dental screening. The Code section regulating dental screening takes effect July 1, 2008. The bill permits a child to be enrolled in school, rather than provisionally enrolled, if the child's parent or guardian consents to have the child receive a blood lead test as rapidly as is feasible. Currently, the Code requires that, as a condition of the provisional enrollment, a parent or guardian must consent to have the child receive the test not later than 60 days after the school calendar commences. The bill requires school districts and schools, not later than the school start date, to give notice of the blood lead testing and dental screening requirements to parents and guardians of children who are enrolled or are to be enrolled in school. Under the bill, school districts must provide the evidence as soon as feasible after October 1, rather than within 60 days after the school calendar start date, to the Department of Education that each child enrolled in elementary school has had a blood lead test or received a waiver on religious grounds, as well as evidence that each person enrolled in a school has met the dental screening requirement. [2/4: Short Form (Zaun, McKinley, Johnson— absent)] SSB 3070 transfers administration of the Entrepreneurs with Disabilities program from the Iowa Finance Authority to the Division of Vocational Rehabilitation in the Department of Education. The purpose of the Entrepreneurs with Disabilities program is to provide technical assistance, business development grants and financial assistance grants to qualified Iowans with disabilities. [2/4: Short Form (Zaun, McKinley, Johnson— absent)] SSB 3143 is the FY 2010 “allowable growth” legislation. Allowable growth, otherwise known as the school foundation formula, is based on a district’s basic enrollment, state aid determined by a foundation level, and an amount generated by the uniform property tax levy. One percent of allowable growth is equal to approximately $28 million in state aid. Allowable growth is set two years in advance so that school boards will have reliable information as they put together their budgets. We are setting funding for the 2009-2010 school year (FY 2010) in the 2008 session. The bill sets allowable growth for FY 2010 at 4 percent, which is an increase of $222 per pupil and establishes a total state cost per pupil of $5,768. There is a total estimated state increase of $112 million compared to the last year, just for the state portion of 4 percent. [2/6: Short Form (Kreiman, Zaun— absent)] Staff Contact: Kris Bell SF
2050 – Elderly Waiver Reimbursement Rates COMMITTEE ACTION: SF 2050 (as amended) provides a cost
of living increase each year starting on July 1, 2010, to the reimbursement
rate for the medical assistance home and community-based services waivers for
the elderly. [2/4: 11-1, Johnson, no; STAFF CONTACT: Julie T. Simon SF
2016 –Interpreter qualifications for Asian, Pacific Islander
languages SF
2099 – ECDB campaign law non-substantive clean-up SSB
3118 – SoS voter registration technical, corrective
omnibus COMMITTEE ACTION SF 2016 requires the Department of Human Rights’ Commission on the Status of Iowans of Asian and Pacific Islander Heritage to adopt rules regarding procedures to ensure interpreter qualifications for the languages spoken by Asian and Pacific Islanders. The Commission must also provide a list of qualified interpreters to various agencies and entities, including social service and health agencies. These requirements mirror those relating to the qualifications of Spanish-language interpreters. [2/6: short form (Behn, Kettering, Zieman “nay”)] SF 2099 (SSB 3062) is a campaign law technical clean-up proposal by the Iowa Ethics and Campaign Disclosure Board (ECDB). The bill: ·
Alerts the public and regulated community that
the campaign laws in Iowa Code
Chapter 68A are administered by the Board pursuant to statutory provisions in
Chapter 68B. This will remove conf · Moves language from a subsection to a separate statutory provision for reports filed by out-of-state and federal PACs. The subsection was often overlooked by the regulated community so creating a separate statute should eliminate confusion. Statutory citations are updated for the newly-numbered provisions. · Inserts “person” for “individual or “political committee” for purposes of the prohibition on transferring campaign funds between certain types of committees. “Person” is all-encompassing and closes a loophole. · Clarifies deadlines on reports filed less than 5 days before an election. Legislation passed in 2007 required a report due 5 days before an election to be filed by 4:30 p.m. on the due date (in lieu of being mailed on the due date). Clarification is needed to be sure all reports are covered under the filing time. This section will be effective upon enactment. · Codifies ECDB policy concerning Schedule G reports on campaign expenditures to a person who then makes expenditures on behalf of a committee. [2/4: short form] SSB 3118, proposed by the Secretary of State’s Voter Registration division, makes technical and corrective changes to voter registration and election laws. It cleans up references to gubernatorial elections prior to the Governor and Lieutenant Governor running as a team, streamlines absentee ballot requests for military serving overseas, modifies language to comply with federal law, clarifies that voters may sign a nomination petition for more than one candidate for the same office, adjusts deadlines and timetables, and amends outdated language that deals with the old “lever style” voting machines. [2/6: short form] STAFF CONTACT: Julie T. Simon SSB
3033 – County Commissions of Veterans Affairs’ requirements, duties SSB
3066 – Eligibility for receiving a SSB
3090 – Veterans Trust Fund expenditures HF
2065 – Military leave, re-employment SSB 3033 is an Iowa Department of Veterans Affairs (IDVA) proposal. Currently, county commissions of veteran affairs may employ an executive director and other necessary administrative or clerical assistants when needed. This bill requires that county commissions employ a director or administrator, and other necessary administrative or clerical employees. It also:
The bill describes the duties of the director, administrator, and clerical assistant, including informing members of the armed forces, veterans, and their dependents of all federal, state, and local laws enacted for their benefit, and helping all Iowa residents who served in the armed forces and their relatives, beneficiaries, and dependents receive any compensation or other aid or benefit to which they may be entitled. The bill allows two or more county boards of supervisors to share the services of a director or administrator. Each commission will establish an office which must be open at least 20 hours each week. The bill prohibits charging any individual for any service provided by the IDVA or county veterans’ affairs offices. [2/6: short form] SSB 3066 is a proposal by the Iowa Department of Veterans Affairs (IDVA) concerning the Vietnam Conflict Veterans Bonus for active duty military service between July 1, 1973, and May 31, 1975. It specifies that IDVA, rather than the Commission of Veterans Affairs, establishes the rules. It also stipulates that the bonus is available to a person who was on active duty at least 120 days and who served for any length of time between July 1, 1973, and May 31, 1975. Current law states that the person had to serve on active duty at least 120 days during that timeframe. The bill takes effect upon enactment and applies retroactively to July 1, 2007. Legislation (SF 578) enacted last session offered the bonuses to those who had been ineligible because of a technicality regarding the dates they served during the Vietnam Conflict. [2/6: short form] SSB 3090 modifies what expenses may be paid from money in the Veterans Trust Fund. It also authorizes the Iowa Department of Veterans Affairs to adopt emergency rules to implement the provisions of the Fund. Permissible expenditures may include travel expenses of spouses of wounded veterans if the travel is related to follow-up care for the veteran; expenses related to hearing, dental and vision care, prescription drugs, and ambulance and emergency room services for veterans who are trauma patients; and emergency expenses related to vehicle repair, housing repair, or temporary housing assistance. The bill eliminates as a permissible expenditure expenses related to nursing facility care but allows at-home expenses for veterans if for the purchase of durable medical equipment or services that helps a veteran remain in his or her home. The bill also eliminates as a permissible expenditure benefits provided to children of disabled or deceased veterans. [2/6: short form] HF 2065 amends existing Iowa Code relating to military leave. It clarifies that in cases of temporary leave of six months or less, state and local government employees whose period of service crosses one calendar day are only charged one day for military leave. This would apply to persons who work 24-hour shifts and have been charged for three days of leave for one day of military leave. HF 2065 also clarifies that returning troops, if not restored to their job positions held prior to leave, are entitled to return to a position of like seniority, status, and pay, prior to their leave of absence. This change is consistent with the federal Uniformed Services Employment and Reemployment Rights Act and applies to employees in general. It requires the Attorney General or the county attorney in the county where the violation occurs to prosecute. Penalty for violation remains a simple misdemeanor, punishable by a maximum sentence of 30 days, or a fine between $65 and $625, or both. The bill passed the House 97-0. It takes effect upon enactment. [2/6: short form] STAFF CONTACT: Kris Bell SSB
3059 -- Internal Revenue Code Update COMMITTEE ACTION: SSB 3059 is an annual bill to
incorporate the federal income tax changes enacted by Congress in calendar
year 2007 into |