Week 5 – Committee Reports

February 13, 2008

 

AGRICULTURE

COMMERCE

ECONOMIC GROWTH

EDUCATION

HUMAN RESOURCES

JUDICIARY

LABOR & BUSINESS RELATIONS

LOCAL GOVERNMENT

NATURAL RESOURCES & ENVIRONMENT

STATE GOVERNMENT

TRANSPORTATION

VETERANS AFFAIRS

WAYS & MEANS

 

 

 

STAFF CONTACT:    Sue Monahan

 

SF 2004 – Removal of E10 Decals on Motor Fuel Pumps

SF 2018 – Equine Commission and Equine Promotional Fund

SSB 3041 – Iowa Crop Improvement Association

 

COMMITTEE ACTION:

 

            SF 2004 provides that a retail dealer of motor fuel no longer needs to have an E10 (mixture gasoline with 10 percent ethanol) sticker on the motor fuel pump. An amendment was adopted in committee which replaced all of the bill language.  As amended, the bill allows a retail dealer to decide whether to use an E10 decal on their motor fuel pumps.  All other renewable fuels are required to have a decal indentifying the name of any renewable fuel dispensed from the pump. In addition, the amendment added language changing the octane level from 87 to 85. [2/7:  short form]

 

            SF 2018 establishes an equine industry promotional commission within the Department of Agriculture and Land Stewardship (IDALS). The purpose of the commission is to promote the collective interests of the state’s equine industry.  The bill establishes an equine industry promotional fund under the control of the commission.  The bill appropriates moneys from the general fund for deposit into the equine industry promotional fund and one full-time employee at IDALS. [2/7: short form]

 

SSB 3041 amends Code chapter 177, which provides for the establishment of the Iowa Crop Improvement Association. The bill amends the Code sections relating to the Association’s recognition, its duties and objectives, and its management by a board of directors and employees.  An amendment was adopted in committee which allows the Department of Agriculture and Land Stewardship to provide rules which allow the Association to act as the official seed certifying agency for Iowa.  [2/7:  short form]

 

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 2116 – IFA certificate of release 

SF 2117 – IFA closing protection letters in real estate transactions

 

FLOOR ACTION

 

            SF 2116 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.   [2/13: 46-0]

 

            SF 2117, a departmental proposal from Iowa Finance Authority (IFA), 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.   [2/13: 46-0]

 

 

 

 

 

STAFF CONTACT:    Sue Monahan

 

SF 2063 – Enterprise Zone Program and Population Loss Criteria

SSB 3064 – Real Estate Broker Trust Accounts

SSB 3091 - Housing Enterprise Zone Green Development Standards

 

COMMITTEE ACTION: 

           

SF 2063 relates to certain county distress criteria under the enterprise zone program.  The bill qualifies the population loss criterion by providing that the county’s prison population cannot be used in calculating the population. The bill provides that ethanol and biodiesel businesses in the county are not eligible for the enterprise zone assistance if the county qualifies for the enterprise zone program only when its prison population is excluded from the calculation.  The bill only affects Page County.  [2/7:  short form]

 

            SSB 3064 transfers the interest of the real estate broker trust account to the Iowa Finance Authority (IFA) for deposit in the housing trust fund established in Code section 16.181. Under current law the interest is transferred to the Department of Economic Development for deposit in the local housing assistance program fund.  The local housing assistance program fund is not currently active and IDED and IFA have a 28E agreement to transfer the interest into the housing trust fund.  In committee, an amendment was adopted which eliminated the local housing assistance program from the Code since it is no longer in use. In addition, the amendment allows interest from the title guarantee fund to be deposited into the housing trust fund. Also, all remaining funds in the local housing assistance fund will be transferred into the housing trust fund at IFA.  The bill eliminates IDED’s and IFA’s need for a 28E agreement. [2/7:  short form]

 

            SSB 3091 provides for an increased tax credit for enterprise zone housing projects which meet certain energy efficiency standards.  Currently, an eligible housing business may claim a tax credit up to a maximum of 10 percent of the business’ new investment which is directly related to the building or rehabilitating of a specified form of hosing located in a part of a city or county where there is a designated enterprise zone.  The bill increases the tax credit to 12 percent. The bill takes effect upon enactment and applies retroactively to tax years beginning on or after January 1, 2008. An amendment was adopted in committee clarified the energy star rating system.  [2/12: short form]

 

 

 

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 2111 – Lead/dental screening clean-up

SF 2101 – Entrepreneurs with disabilities program oversight

HF 2140 – FY 2010 allowable growth

SSB 3068 – Preschool clean-up bill

 

FLOOR ACTION:

 

SF 2101 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.  [2/12:  47-0 (Lundby, McKibben, Houser— absent)]

 

SF 2111 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.  [2/13:  45-0 (Danielson, Hatch, Houser, Lundby, McKibben— absent)]

 

HF 2140 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. [2/7: 48-1 (Warnstadt—no)]

 

COMMITTEE ACTION: 

 

            SSB 3068 is a preschool clean-up bill that makes some simple adjustments to the programs that include adjustment language on eligibility to match other parts of the law, clarification on types of contracting allowable, and removal of grant proration language.  There was an amendment passed that is different from the House version of this bill as it removes all reference to professional development dollars and instead saying that if money is appropriated (through the education budget) then those dollars shall be used in the following ways.  The amendment also provides a remedy for some private providers that had concerns about the amount of money districts were withholding on the per pupil funding by allowing the Department of Education to extend the initial grant year status to districts with concerning fiscal management. [2/11: Short Form (Zaun—no)]

 

 

 

 

 

STAFF CONTACT:    Kris Bell

 

SF 2092 – Dependent Adult Abuse Information

SSB 3001 – Dental Homes

SSB 3013 – Case Permanency Plans, Consent Decrees, Notification in Juv. Court

SSB 3052 – Council on Homelessness

SSB 3136 – Emergency Mental Health Crisis Services

SSB 3137 – Iowa Department of Public Health Omnibus Bill

 

FLOOR ACTION: 

 

            SF 2092 provides for control over dependent adult abuse information.  It will expedite hiring processes for agencies that do not have access to the Dependent Adult Abuse Registry and want to complete background checks on prospective employees.  [2/12:  47-0 (Houser, Lundby, McKibben, excused)]

 

 

COMMITTEE ACTION: 

 

            SSB 3001 (as amended) specifies that children with a dental home shall be provided with dental screenings, preventive services, diagnostic services, treatment services, and emergency services as defined under the early and periodic screening, diagnostic, and treatment program.  [2/12:  short form (Seymour, excused)]

 

            SSB 3013 provides that a child who remains in foster care until the age of majority may receive the most recent information regarding the child’s health and educational records prior to discharge from juvenile court.  [2/12:  short form (Seymour, excused)]

 

SSB 3052 (as amended) codifies the Council on Homelessness, which was created by Executive Order 33 and adds two members from the public, a representative from the Iowa League of Cities and a representative from the Iowa State Association of Counties.  [2/11:  short form]

 

            SSB 3136 (as amended) establishes an emergency mental health crisis services system through the Division of Mental Health and Disability Services at the Department of Human Services.  The goal is to provide emergency mental health crisis services to Iowans in every county to reduce escalation of mental health crisis situations, relieve the immediate distress of individuals experiencing a crisis situation, reduce the risk of individuals in a crisis situation doing harm to themselves or others, and promote timely access to appropriate services for those who require ongoing mental health services.  The initial implementation will be through competitive block grants.  [2/11:  short form]

 

            SSB 3137 (as amended) makes various technical corrections, clarifications and updates to the Code.  One policy change amends the Code section dealing with minors and STD testing to clarify that prevention by vaccination is allowable along with diagnosis and treatment.  [2/12:  short form (Seymour, excused)]

 

 

 

 

 

STAFF CONTACT:    Cathy Engel

 

SF 2036a bill relating to the Criminal and Juvenile Justice Planning Division.

SF 2155/ SSB 1097/SF 522- relating to fees for copies of healthcare records

SF 2132/ SF 2012-disposition of seized property

 

FLOOR ACTION:

 

SF 2036/SSB 3019 is a Department of Human Rights bill relating to the Criminal and Juvenile Justice Planning Division.  The bill:

·        Adds a representative from the Governor’s Office on Drug Control Policy to the Criminal and Juvenile Justice Planning (CJJP) Advisory Council. 

·        Adds employment data from Iowa Workforce Development to the list of confidential information available to CJJP.

·        Permanently establishes a Sex Offender Research Council (formerly the Sex Offender Task Force). [2/12:  47-0, McKibben, Lundby, Houser absent]

 

COMMITTEE ACTION:   

 

SF 2155/ SSB 1097/SF 522 does the following:

·        Attorneys for both parties must agree on mutually convenient times for conferences with medical providers, rather than one party setting the appointment without consulting the other.

·        Adds a provision that any party (not just the adverse party) or the deponent may request a fee to be paid to the medical provider for depositions or testimony.

·        Sets the maximum amount that can be charged for producing a patient’s medical records at workers’ compensation rates plus a retrieval fee of up to $25 for the first two requests (with no retrieval fee for third or more requests).

·        Allows the patient or the patient’s legal representative or attorney to have one free copy of the patient’s complete billing statement.  The requester can ask for an affidavit certifying that the billing statements are “true and accurate copies.”  A fee of $10 may be charged for the affidavit.

·        Fees charged are not subject to sales or use tax.

·        Provider may request payment in advance.

·        If a provider does not give the patient or the patient’s representative all of the records requested, the provider must give written notice to the requester that providing the denied records would violate HIPAA.

·        A patient or the patient’s representative or attorney is entitled to get medical records at the prescribed rates at any time, not just after a lawsuit has been filed. [2/7:  9-5, McKibben excused]

 

SF 2132/ SF 2012 requires that all property seized by law enforcement officials that is no longer required as evidence must be returned to the owner unless there is a law that prohibits the owner from possessing the property.  If the value of the property exceeds $500, the seizing agency must send by restricted certified mail, return receipt requested, a notice to any person who may have an ownership right in the property telling them that the property must be claimed within 30 days of receipt of the notice.  If the value of the property is less than $500, the seizing agency shall send notice by regular mail to the last known address of any persons having an ownership right in the property that the property must be claimed within thirty days of receipt of the notice. [2/7:  15-0, McKibben excused]

 

 

 

STAFF CONTACT:    Jace Mikels

 

SF 2002 – Waiving employer charges for certain unemployment benefits

SF 2154 – Updated definitions regarding inclined or vertical wheelchair lifts

SF 2157 – Removing authorization for private inspectors to conduct amusement ride safety inspections

SF 2160 – Employer participation during fact-finding portion of unemployment insurance proceedings


COMMITTEE ACTION:

SF 2002 waives charges to an employer for unemployment benefits awarded when an individual who filled the position of and becomes unemployed due to the return of a service member who was ordered to active duty.  The benefits will instead be charged to the unemployment trust fund.  [2/11: short form]

 

SF 2154 updates the definition of inclined or vertical wheelchair lifts to match current American Society of Mechanical Engineers safety standards.  These standards are used by the elevator safety board during inspections of facilities.  [2/11: short form]

 

SF 2157 strikes a code language authorizing private inspectors to be licensed to conduct amusement ride safety inspections.  The labor commissioner is currently also charged with conducting the inspections.  No one is currently licensed to conduct private inspections, nor has anyone ever been licensed.  Striking the code section removes the responsibility of issuing private inspector licenses from the labor commissioner, but does not remove the commissioner’s responsibility to conduct inspections.  [2/11: short form]

 

SF 2160 relates to cases where an employer does not participate in the initial fact-finding phase of a case involving unemployment benefits.  Currently, if an award of benefits is reversed on appeal, the employer is eligible to recoup all of the benefits.  Under the bill, if an employer did not participate in fact-finding where the employee was awarded benefits, and the award of benefits was later reversed on appeal, the employer would not recoup benefits that are already paid.  An employer who participates in fact-finding would still be eligible to recoup all benefits paid.  The bill aims to encourage companies to participate in fact-finding, which would avoid the unnecessary dispersal and collection of benefits.  [2/11: 7-4 (Behn, Hahn, Kettering, and Ward “no”)]

 

 

 

 

 

STAFF CONTACT:    Kerry Wright

 

SF 2153 – Essential County Bonding Communication Equipment

 

COMMITTEE ACTION: 

           

            SF 2153 amends definitions of “essential county purpose” and “essential corporate purpose” to include peace officer communication equipment and other emergency services communication equipment and systems.  A county board of supervisors may approve the issuance of general obligation bonds to carry out an essential county purpose without approval by voters at an election.  A city council may approve the issuance of general obligation bonds to carry out an essential corporate purpose without approval by voters an election.  Effective upon enactment. [2/11: short form, Kreiman pass, Houser absent]

 

 

 

 

 

STAFF CONTACT:    Jace Mikels

 

SF 2120 – Expenses eligible for reimbursement for members of the WIRB board

COMMITTEE ACTION:

 

SF 2120 allows members of the Watershed Improvement and Review Board to be reimbursed for per diem and expenses related to their duties on the board.  The expenses shall be paid with earned interest from the Watershed Improvement fund.  [2/12: short form]

 

 

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 2059 – DCA Iowa Code clean-up

SF 2122 – Voter registration technical, corrective omnibus

SSB 3067 – DCA electronic records, cultural committees, Civil War committee

 

 

FLOOR ACTION

 

            SF 2059 is a recommendation by the Department of Cultural Affairs. The bill makes the State Historical Society of Iowa (rather than the Society’s advisory Board of Trustees) responsible for administering the Iowa Heritage Fund.

             It also removes Iowa Code language from 1984 that is no longer needed   regarding an indemnification program for special exhibit items lost or damaged while on loan to non-profit organizations or governmental entities in Iowa.  Non-profits no longer

use this, primarily because they now acquire appropriate insurance coverage arranged by private organizations.  [2//13: 46-0]

 

            SF 2122 was proposed by the Secretary of State’s Voter Registration division. The bill 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.   [2/13: 46-0] 

 

 

COMMITTEE ACTION

 

            SSB 3067 is a proposal from the Department of Cultural Affairs (DCA). It requires the Historical Division to create a digital collection of records for research purposes, and to establish and maintain an electronic archive of records having historical value. Both collections would be available to the public. It also requires the DCA to establish a statewide culture, history, arts, and tourism program, and implement

it by creating regional committees for the coordination of cultural efforts.

            The bill establishes a Civil War Advisory Committee to help the Historical Division plan a sesquicentennial commemoration of Iowa's role in the Civil War.  The Division will produce materials and memorabilia for licensed use or sale to the public in connection with the commemoration of Iowa’s role in the Civil War.  [2/13: short form]

 

 

 

 

 

STAFF CONTACT:    Kerry Wright

 

SSB 3082 -- DOT Technical bill

SF 2156 – Commercial motor vehicle licensing

 

 

COMMITTEE ACTION: 

           

            SSB 3082 is the annual Department of Transportation (DOT) technical bill.  It includes technical changes recommended by the DOT and other agreed upon changes recommended by transportation interest groups. [2/11: Short form, Absent: McCoy, Houser]

 

            SF 2156 relates to the regulation of commercial motor vehicles by the DOT to conform Iowa law more closely to federal law. [2/11: Short form, Absent McCoy, Houser].

 

 

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 2124 – Veterans Trust Fund expenditures

SSB 3065 – Increased penalties under Iowa Code of Military Justice.

HF 2065 – Military leave, re-employment  

FLOOR ACTION

 

            SF 2124 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.   [2/12:  47-0]

 

            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. [2/7: 49-0]     

COMMITTEE ACTION