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Week 7 –
Committee Reports NATURAL
RESOURCES & ENVIRONMENT STAFF CONTACT: Sue Monahan SF
2137 - Change to Minimum Fuel Octane SF
2166 – Biodiesel Retailer Tax Credits SF
2203 – Animal Fighting Events SSB
3230 – Resolution on Higher Blends of Ethanol FLOOR ACTION: SF 2137 allows consumers to buy 87
octane gasoline which is blended with ethanol. In
SF 2203 makes it a class “D” felony to be a spectator who attends a contest event, which is organized for entertainment or profit, where an animal is injured, tormented, or killed. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. Currently, a spectator can be charged with an aggravated misdemeanor, which is punishable by confinement for no more than two years and a fine of at least $500 but not more than $5,000. [2/25: 49-0, Ward “excused”] COMMITTEE ACTION: SF 2166 enhances the current biodiesel tax credit. Current tax credit is three cents for each gallon of B2 (gasoline with two percent biodiesel blend) or higher sold. The new tax credit is based on a schedule which increases the rate depending on the class of biodiesel sold. The new tax credit is as follow:
Of the total gallons of diesel a retail dealer sells in a tax year, 50 percent or more must be biodiesel blended which is current law. The bill applies retroactively to the tax year beginning on or after January 1, 2008. The tax credit sunsets on January 1, 2012, which is the current law. [2/26: short form] SSB 3230 is a concurrent resolution which urges the United States Environmental Protection Agency (EPA) to actively support the research and development needed to make higher blends of ethanol, such as E15, E20 or E30, available to American Consumers; and urges the EPA to quickly review and approve the application for a waiver by the Renewable Fuels Association and the State of Minnesota, when received. This waiver would approve as an acceptable fuel and allow the sale of more than a 10 percent blend of ethanol to be legally sold for use by a conventional automobile. [2/26: short form] STAFF CONTACT: Julie T. Simon SF
2246 – Real estate transaction mandatory disclosures SF
2248 – Modification to statewide video franchise applications SF
2250 –Licensure revisions for real estate brokers, salespersons COMMITTEE ACTION SF 2246 (SSB 3170) deals with mandatory disclosure in real estate transactions. The bill eliminates the required statement regarding whether the property is located in a real estate improvement district and the amount of any special assessment against the property. This does not change the remaining disclosures (e.g., condition and important characteristics of the property and any structures, significant defects in the structural integrity) currently mandated. The Iowa Association of Realtors supports the legislation and there are no declarations in opposition. [2/25: short form] SF 2248 (SSB 3197) modifies the application provisions of the statewide video franchise legislation enacted last session. It deletes counties from the definition of a “municipality” for purposes of Code Chapter 477A, so that "municipality" refers to a city. It specifies that an application for a certificate of franchise authority to provide cable and video services submitted by a person who was providing services pursuant to a franchise agreement in existence prior to July 1, 2007, may be filed within 60 days prior to the expiration of the existing municipal franchise. SSB 3197 as amended (.701 short form) also stipulates that a certificate of franchise authority obtained pursuant to application filed prior to the expiration of a municipal franchise agreement takes effect upon the expiration date of the municipal franchise agreement. [2/25: short form] SF 2250 (SSB 3172) makes some revisions to the licensing and disciplinary processes for real estate brokers and salespersons. Current law sets out a detailed list of offenses that disqualify an applicant from licensure. The bill adds a generic reference to major offenses and a specific reference to offenses involving moral turpitude to that list. The bill lengthens the time allowed to pass the required national criminal background check by the Federal Bureau of Investigation from 90 to 210 days prior to the date the Real Estate Commission receives the application. This will give the Commission timely results but allows for glitches such as blurred or otherwise unusable fingerprints that must be re-submitted. While awaiting the results of the background check, the Commission must process the application but hold delivery of the license until the background check is complete. Current
law sets out a detailed list of acts, omissions or offenses that can result
in either license revocation or s An amendment was adopted [.701 short form] that revises the composition of the grant committee that provides funds for real estate educational programs. Four members will be directly appointed by the Iowa Association of Realtors. Rules governing the grant committee must be promulgated in consultation with the Association. [2/25: short form] STAFF CONTACT: Sue Monahan SSB 3129 – Investment Tax Credits and
Seed Capital Funds SSB 3131 –
AmeriCorps Volunteers from State Income Tax HF 2195 (SF 2130) - Enterprise Zone
Program and Population Loss Criteria FLOOR ACTION: HF 2195 (SF 2130) 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 COMMITTEE
ACTION: SSB 3129 increases the current limitation on the total aggregate amount of investment tax credits for seed capital and business investments from $10 million to $13 million and provides that any unclaimed credits may be used in subsequent fiscal years. An amendment was adopted in committee which repeals section 15E.51, venture capital fund investment tax credits. This section provides for a 6 percent tax credit for investments in venture capital funds. This credit is capped at $5 million and only $2.1 million of the credits have been used. The Department of Revenue is receiving applications and expects to have $2.7 million free by July 1. This would fee up credits for the increase in investment tax credits in the bill. The amendment changes the bill’s amount of tax credits from $13 million to $12.5 million. This would make the bill revenue neutral. In addition, the net worth of a qualifying business would be reduced from $10 million to $5 million. This would help spread the tax credits out to more businesses. The amendment changes sections 15E.231 and 15E.232 (Economic Development Region Revolving Funds-tax credits) to create a statewide seed capital fund in which investors would be entitled to tax credits. Currently, there are 10 community-based seed capital funds for which investors receive tax credits, and each fund is limited to $3 million in investments. Those community-based funds currently just make investments near the community in which they are based. By creating a statewide seed capital fund, investments could be made in any location throughout the state, which would allow the local community-based seed funds to work together in looking for the best investments around the state. The statewide fund could invest either in community-based funds or invest directly in start-up businesses. This change would allow $2 million in tax credits for a five year period from FY2009 through FY2013, for a total of $10 million in tax credits. Since this is a 20 percent tax credit, this would provide for $50 million in investments. This would allow for investments larger that the $3 million that each community-based fund currently has available. All of these changes were recommendations made by the Iowa Capital Investment Board. [2/21: short form, Hatch, Olive, Rielly “excused”] SSB 3131 establishes the Iowa Sumer Youth Corps and Green Corps programs. The Summer Youth Corps and the Green Corps are administered by the Commission on Volunteer Service. The bill allows grants for projects to be awarded for projects that utilize a service-learning approach during the summer months. The program will use an integrated approach using science, technology, engineering, mathematics, social studies, and civic literacy. Funding is not included in this bill. There will be a request next year. The Iowa Green Corps is established with the Commission on Volunteer Service in collaboration with the Iowa Department of Natural Resources, Iowa Workforce Development and the Iowa Utilities Board. The Green Corps will utilize AmeriCorps or Iowa Summer Youth Crops volunteers to provide capacity building activities, training, and implementation of major transformative projects in the communities. The project selection shall emphasize energy efficiency, historic preservation, and storm water reduction and management. The
bill exempts AmeriCorps members from An amendment was adopted in committee which makes sure the Green Corps Program is looking for all available financial resources for funding. [2/26: short from, Danielson “excused”] STAFF CONTACT: Bridget Godes SF
2100 – BOEE Code clean-up SF 2216
– Statewide model core curriculum SSB
3010 – Paperwork clean up FLOOR ACTION:
SF 2100 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. [2/25: 49-0 (Ward—excused)]
SF 2216, as amended, would require high schools to adopt a model core curriculum by 2012 and K-8 schools to adopt standards by 2014. The bill would strike the word “voluntary” in current Code, thereby making it mandatory for all districts to offer the Iowa Model Core Curriculum. The Core Curriculum is not all that districts will offer in their curricula; it is only the minimum. Districts will need to decide where to place the core concepts and skills from the Core Curriculum in their local curricula. These core curriculum components and the accompanying professional development around the core curriculum are the critical pieces to actually setting higher expectations and infusing more rigorous content into classroom instruction. Every state in the country now has state-mandated content standards in reading, mathematics and science. It is likely that differences in state performance arise from differences in how those states structure the educational system around those standards, not from differences in the standards themselves. Changes in education have created problems for local schools. Federal mandates such as the No Child Left Behind law have meant that local administrators have to devote much of their time to setting standards and measuring whether the standards have been met. Districts have had wide variation in
their ability to set standards and meet standards. Some districts didn't have the resources to
keep up with the ever-changing needs.
The bill doesn't micromanage and doesn't mandate a specific
educational philosophy, curriculum, or textbook. The intent of the Model Core Curriculum is
to ensure that all Iowa students have access to a rigorous and relevant
curriculum to prepare them for success in post-secondary education and the
emerging global economy; and to provide a tool for Iowa educators to use to
ensure that essential subject matter is being taught and essential knowledge
and skills are being learned. The Iowa
Core Curriculum is about creating dynamic, relevant classrooms; the kind of
teaching we want from our teachers and the work we want from our
students. [2/26: 36-14: (Kreiman, Angelo, Hartsuch, McKinley,
Zaun, Behn, Johnson, Noble, Zieman, Boettger, Kettering, Ward, Hahn,
Wieck—“no”)] COMMITTEE ACTION:
SSB 3010 eliminates reporting or data collection requirements related to school districts and the Iowa Department of Education. An amendment offered in committee would convene, annually, an advisory group to review ongoing reporting requirements to avoid duplicity and increase efficiencies. There was also a cense amendment in committee that eliminated section 10 of the study bill, relating to student fingerprint prohibition for use in school identification. The bill eliminates reporting or data requirements that are either redundant or modifies due dates so reporting is more complete. [2/27: Short Form (McKinley, Zaun—“no”)] STAFF CONTACT: Kris Bell SF
2177 – Department of Public Health Omnibus Bill HF
2151 – Advanced Practice Registered Nurse Compact HF
2167 -- Pharmacy Controlled Substance Schedules and Reporting SSB
3098 – Children’s Eye Exams SSB
3156 – Child Care and Family Support Subsidies SSB
3191 – Marital and Family Therapists SSB
3135 – Family Investment Plans-Limited Benefit Plans SSB
3113 – Cause of Death Investigations at DHS Facilities SSB
3185 – Children and Youth Mental Health Services FLOOR ACTION:SF 2177 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. [2/25: 49-0 (Ward, excused)] HF 2151 (SF 2074) repeals the July 1, 2008, sunset of the advanced practice nursing compact, which allows nurses to hold a license in the state of residency and practice in other compact states subject to each state’s practice law and regulation. [2/25: 49-0 (Ward, excused)] HF 2167 (SF 2061) provides for
scheduling of certain substances in conformance with action taken within the
past year by the federal Drug Enforcement Administration. The bill
proposes adding the substances oripavine and lisdexamfetamine to Schedule II of the Iowa Controlled
Substances Act. Substances in Schedule II are approved for medical
practice in the The bill also includes provisions relating to the scheduling in Schedule III of any substance similar or related to dronabinol (which is currently a Schedule III substance) and which substance is approved by the FDA for use in medical practice. The amendment proposed in Section 4 of the bill provides that a new drug that is substantially similar to dronabinol, which substance is approved by the FDA, will be immediately classified as a Schedule III substance.
The final section of the bill deletes the substances pseudoephedrine and phenylpropanolamine from the list of precursor substances regulated pursuant to Iowa Code Chapter 124B. These substances are now classified as Schedule V controlled substances, subject to Iowa Code Chapter 124. [2/25: 49-0 (Ward, excused)] COMMITTEE ACTION: SSB 3098 provides for certification by a parent or guardian that a child has received an eye examination before the child turns six years old. [2/26: short form] SSB 3156 as amended makes changes to the definition of “home” as it pertains to Child Development Homes; clarifies criminal history and child abuse evaluation processes; cleans up language relating to wrap-around child care services; and makes changes to family support subsidies payments to families with multiple children receiving the subsidy. [2/26: short form] SSB 3191 directs the Department of Human Services to amend the medical assistance state plan to allow marital and family therapists licensed in the state to be behavioral health participating providers under the medical assistance program. [2/26: short form] SSB 3145 revised the Family Investment Program (FIP) and Promise Jobs program requirements for limited benefit plans. The bill removes the minimum six-month ineligibility period currently required for subsequent limited benefit plans. [2/26: short form] SSB 3113 as amended requires a preliminary investigation to be conducted by the county medical examiner in the event of the death of a person committed or admitted to certain state facilities administered by the Department of Human Services. [2/26: short form] SSB 3185, as amended, creates a mental health services system for children and youth by the Division of Mental Health and Disability Services of the Department of Human Services. The purpose of the bill is to ensure that youth with mental health disorders have access to mental health treatment, services, and supports in the least restrictive setting so they can live with their families and remain in their community. [2/26: short form] STAFF CONTACT: Cathy Engel SF
2214 - Child Custody and Active Military
Duty SF
2217 – Public Defenders and Indigent Defense SF
2095 – Pets and Domestic Abuse Protective Orders SF
2103 – Employee Witnesses in Civil Proceedings SSB
3124 – Reserve Peace Officers and Personal Automobile Insurance SSB
3213 – A Procedure to Secure Credit Information HF
2165 – Business Corporations Act Amendments FLOOR
ACTION: SF 2214 establishes that if a
custodial parent is serving active duty in the military service of the SF 2217 authorizes the state public defender to contract with additional nonprofit organizations to provide legal services to eligible indigent persons. The bill also does away with the requirement that the local public defender make an annual report to the state public defender. In addition, it requires the local public defender to serve as guardian ad litem for each child in all cases in which the local public defender office is the state public defender’s designee. The bill provides that the state appellate defender shall be appointed to represent an indigent person on appeal unless the state appellate defender withdraws from the case. [2/27: 50-0] COMMITTEE ACTION: SF 2095 allows a petitioner who is seeking a civil domestic abuse protective order to request the court to include pets in the protective order. The court may then include an order requiring the abuser to stay away from the pet. [2/27: short form] SF 2103 prohibits an employer from
discriminating against an employee who must leave work to testify at certain
civil proceedings. Specifically, if an
employee needs to be a witness in a domestic abuse protective order hearing
then that employee cannot be fired or suffer other retribution because the
employee left work to attend the hearing.
Current SSB 3124 refers to reserve peace
officers who are involved in a car accident while on duty. If a certified reserve peace officer is
involved in an automobile accident in the line of duty, their personal
automobile insurance rates cannot be increased by their insurance company
because of that accident. Under SB 3213 concerns the protection of a person's identity. It creates new Code chapter 714F that allows an individual, the consumer, to place a hold on the individual's consumer report to prevent a consumer reporting agency from releasing any information relating to the individual's creditworthiness without first obtaining the individual's express authorization. This "security freeze" may be temporarily suspended to allow a consumer reporting agency to release a consumer report for a specific time period or to a specific third party. A security freeze remains in effect until the individual requests its removal. The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identify theft. Other individuals pay a fee up to $10 per security freeze, removal. [2/27: short form] HF 2165 amends the "Iowa Business Corporation Act," which governs for-profit corporations and is based on the model Act promulgated by the American Bar Association. The bill's provisions reflect the language of the model Act. [2/27: short form] STAFF CONTACT: Jace Mikels SF
2002 – Waiving employer charges for certain unemployment benefits SF
2154 – Updated definitions regarding inclined or vertical wheelchair lifts
SF 2002 waives charges to an employer for unemployment benefits awarded when an individual who filled the position of an active-duty service member and becomes unemployed because of the return of a service member who was ordered to active duty. The benefits will instead be charged to the unemployment trust fund. [2/26: 49-0] 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. [2/26: 50-0] STAFF CONTACT: Kerry Wright SF 2089 -- Absentee ballot request SF 2105 – Hotel and motel tax elections FLOOR
ACTION:
SF 2089 allows a registered voter to
submit an application for an absentee ballot on something other than the
absentee ballot request form, if the request contains all of the information
required by law. [2/25: 43-6,
Ward absent]
COMMITTEE
ACTION:
SF 2105 specifies which voters are eligible to vote at an election to impose, repeal, or change the percentage rate of a hotel and motel tax. The bill provides that if the tax is imposed only within a city, the registered voters of the city be permitted to vote, and if the tax applies only in the unincorporated areas of a county, only the registered voters of the unincorporated areas be permitted to vote.[2/25: short form, Kreiman, Hartsuch “pass”] STAFF CONTACT: Jace Mikels SF 261 – Time of sale inspections of private sewage disposal systems SF 2086 – Special nonresident turkey and deer licenses SF 2108 – Gift to SF 2202 – Rules for discharging wastewater from water well drilling
sites SSB 3134 – Solid waste disposal permitting requirements and update FLOOR ACTION: SF 261 provides for the inspection of septic systems at the time of sale of improved property. The bill creates a process by which an inspection of sewage treatment systems, typically septic systems, shall be inspected for certain properties to ensure that they are functioning effectively. If it is not functioning effectively, the system shall be renovated to meet current requirements. Malfunctioning systems contribute to poor water quality by introducing improperly treated waste into the environment. On this passage, the Senate concurred with a House amendment to exempt certain property transfers, and clarified that property that is acquired with the intent that the improved portion of the property will be raised is not required to have an inspection performed. In cases where an inspection is performed, the House amendment also increased length of time a system may have been pumped from one year prior to three years prior. The effective date of the act was also changed from July 1, 2008 to July 1, 2009, to give the department and counties a period of time to prepare for the requirement. [2/25: 42-7 (Angelo, Behn, Hahn, Hartsuch, Kettering, McKinley, and Zaun “no”] SF 2108 authorizes the Governor to annually designate the first
Monday in April Gift to COMMITTEE ACTION: SF 2086 authorizes the Natural Resource Commission to issue
special turkey or any-sex deer hunting licenses to individuals under the age
of 18 who are severely physically disabled or have been diagnosed with a
terminal illness. The individual’s
attending physician would need to attest to the person’s condition as part of
the application for such a license.
This option is currently available to residents of SF 2202 requires the Environmental Protection Commission (EPC) to adopt rules regulating the discharge of wastewater from water drilling sites. During the well drilling process, there may be times when a large amount of water (the wastewater defined in the bill) is discharged from the well site. This bill charges the EPC with adopting rules to ensure the wastewater is handled properly. The bill sets the guidelines for the rules and allows the department to collect fees for any general permits to enforce the guidelines of the program. [2/26: short form] SSB 3134 updates current law to address issues that have arisen since the statute was originally passed and to remove outdated language. [2/26: short form (Behn passed)] STAFF CONTACT: Julie T. Simon HF 580 – Regulation of electioneering communication HF 2212 – Smoke-Free Air Act FLOOR ACTION
HF 2212 bans smoking statewide in most public places. The Ho A Senate amendment (S-5036,
which was adopted on a 30-20 vote), (1) strikes the exemption for
casinos/gaming facilities, veterans organizations and the Iowa Veterans Home;
(2) strikes the Ho The amendment also clarifies the intent that the “grounds of public buildings” does not include state and county fairgrounds; modifies language so that the Iowa National Guard and the institutions under the direction of the Department of Corrections may continue to allow smoking in designated areas on the grounds; and makes technical corrections to enforcement language and the deposit of funds from civil penalties. [Also see “Committee Action”] [2/27: 29-21] COMMITTEE ACTION HF 580 requires organizations that disseminate electioneering communications to file a statement of organization with the Ethics and Campaign Disclosure Board prior to making any such communication. It does not ban “527 Committees” from accepting corporate money to do electioneering communications, but does require those committees to disclose who they are and how they paid for the communication and to do so in a timely manner. An electioneering communication is one that refers to a clearly-identified candidate for elected public office, has the effect of encouraging or discouraging a vote for the candidate, and is made within 30 days before a primary election or 60 days before a general or special election for the public office sought by the candidate. The term does not include a communication disseminated to fewer than 100 persons or contained in an individual's internet website (e.g., a “blog”). The reports must include the name and mailing address of each person (and every occasion that person ) who contributed money, made in-kind contributions, or loans to the electioneering committee if the aggregate amount or fair-market value is over $25 in a calendar year. In 2007, the bill passed the House on a vote of 83-15 and was approved by the Senate State Government Committee (10-4, Behn, Hahn, Kettering, Zieman “no”) but was not debated on the floor. Sen. Zieman declined to sign the subcommittee report. [2/25: short form] HF 2212 bans
smoking in most public places, a step which will lead to a significant
positive impact on the health of Iowans.
Environmental tobacco smoke ca Each year in The Ho STAFF CONTACT: Kerry Wright SF 2156 -- Commercial motor vehicle licensing SSB 3083 –Speeding violations in work zones SSB 3084 – Merging Traffic FLOOR ACTION:SF 2156 relates to the regulation
of commercial motor vehicles by the state Department of Transportation (DOT)
to conform
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