Week 9 – Committee Reports

March 12, 2008

 

AGRICULTURE

APPROPRIATIONS

COMMERCE

ECONOMIC GROWTH

EDUCATION

HUMAN RESOURCES

JUDICIARY

LABOR & BUSINESS RELATIONS

LOCAL GOVERNMENT

NATURAL RESOURCES & ENVIRONMENT

STATE GOVERNMENT

TRANSPORTATION

VETERANS AFFAIRS

WAYS & MEANS

 

 

 

SF 2017—Hybrid Cats

SF 2133—Iowa Crop Improvement Association

SF 2234—Odor Mitigation

SF 2348—Management of Cooperative Associations

SSB 3198—Changes to the Renewable Fuels Infrastructure

SSB 3258—Livestock Auctions Markets

SSB 3259—Animal Feeding Operations

SCR 102—Resolution on Higher Blends of Ethanol

 

FLOOR ACTION:

 

SF 2133 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.  The bill 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.  [3/12: 48-0 Courtney, Gaskill “excused”]

 

SF 2348 provides for standards of conduct for a cooperative association’s board of directors and for an association’s officers. The bill establishes procedures for a director’s approval of a board’s decisions. The director and board may consider community interest factors when making decisions, including consideration of acquisition proposals.  The bill provides that the association’s articles of incorporation may require the vote be by a greater than two-thirds majority.  [3/12:  45-0, Courtney, Gaskill, McCoy, Stewart, Ward “excused”]

 

SCR 102 is a concurrent resolution which urges the U.S. 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 allow the sale of more than a 10 percent blend of ethanol to be legally sold for use by a conventional automobile.  [voice vote]

 

COMMITTEE ACTION: 

 

SF 2017 provides that a hybrid cat is no longer classified as a dangerous wild animal.  A hybrid cat is the offspring of a domestic cat and a lion, tiger, cougar, etc. An amendment was adopted in committee to limit the weight of the cat to 25 pounds at one year of age. [3/6:  short form]

 

SF 2234 requires Iowa State University to consult with the Department of Natural Resources and the Department of Agriculture and Land Stewardship to establish and administer a research effort to mitigate odor emitted from livestock operations involving swine, beef or dairy cattle, chickens, or turkeys.

The purposes of the research effort are to accelerate the adoption of affordable and effective odor mitigation technologies and strategies by livestock producers, expand the number of affordable and effective odor mitigation technologies and strategies available to livestock producers, and provide research-grounded information regarding odor mitigation technologies and strategies that are ineffective or cost-prohibitive.  [3/6: short form]

 

SSB 3198 makes changes to the Renewable Fuels Infrastructure Program which is administered by the Iowa Department of Economic Development (IDED). The bill allows for a new type of fuel pump referred to as a motor fuel blender pump. This ensures blender pumps have full access to grants awarded by the Renewable Fuels Infrastructure Board (RFIB). The bill increases the amount of financing for ethanol infrastructure from 50 to 70 percent of the cost of making the improvement with a ceiling amount increased from $30,000 to $50,000.  For biodiesel infrastructure (for the biodiesel retailers), the amount of financing is based on a cost-share agreement schedule with an increased ceiling from $30,000 to $50,000.  The cost-share agreement schedule is: B2-B4.9,  50 percent cost share, B5-B9.9,  55 percent cost share, B10-B19.9,  60 percent cost share, and B20+,  70 percent cost share.  The bill allows for separate grants to the same physical location for E85 and biodiesel.  The bill provides that the RFIB may award financial incentives to participating persons who submitted an application on or after February 19, 2008.  The bill is effective upon enactment.

Amendments were adopted in committee. The bill as amended directs the Iowa Secretary of Agriculture to apply to the U.S. Environmental Protection Agency for approval for the use of ethanol blended gasoline higher than E10 for vehicles other than flex fuel. The bill requires government fleet vehicles which are diesel-powered motor vehicles to purchase biodiesel fuel if the biodiesel fuel is available.  This requirement affects the Iowa Department of Administrative Services, the Department of Blind Commission, community colleges, the Board of Regents, school boards, the Iowa Department of Transportation, Iowa counties, Iowa cities, and the Iowa Department of Corrections. The bill allows tank wagons to be eligible for infrastructure grants but the infrastructure is limited to the portion of the tank and the fuel pump that is used to store, blend or dispense the renewable fuel.  In addition, the amendment allows heated blending tanks that store B-99 to B-100 to be eligible for grants for fifty percent of the actual cost of making the improvements or $100,000, whichever is else. Currently, the biodiesel terminals are eligible to apply for these grants but only able to receive a maximum of $50,000.  The bill caps the awards to these heated blending tanks at $1 million total during any fiscal year.  [3/6:  short form]

 

SSB 3258 provides that an animal feeding operation includes a livestock market if required by a National Pollutant Discharge Elimination System (NPDES) permit pursuant to the Federal Water Pollution Control Act.  Currently the Code exempts livestock markets from the animal feeding operations. Livestock markets are not exempt under federal law.   This bill addresses one of the concerns from the United States Environmental Protection Agency. [3/6: short form]

 

SSB 3259 aligns Iowa law with federal law regarding the calculation of confinement feeding operations and open feedlots.  Current Iowa law excludes animals confined in any confinement operation buildings when calculation the animal unit capacity of any open feedlot.  The bill makes all animals, open feedlot or confined, counted in determining the operation’s number of animal units. In addition, the bill requires an open feedlot operation must be in compliance with federal law including (NPDES) requirements.  [3/6:  short form]

 

 

 

 

SF 2286 —    Federal Block Grant

SF 2347 — Optical Scan Voting Systems 

SSB 3265 — Transportation FY09 

 

FLOOR ACTION

 

SF 2286 authorizes $4.6 billion in federal funds in Federal Fiscal Year 09, an increase of $90.8 million.  Highlights include:

 

Federal Block Grants - $154.1 million

  • Substance Abuse $13.5 million – decrease of $113,000
  • Comm. Mental Health Services $3.6 million – decrease of $142,000
  • Maternal & Child Health Services $6.6 million – decrease of $123,000
  • Preventive Health & Health Services $1.1 million – status quo
  • Stop Violence Against Women $1.3 million – decrease of $87,000
  • Residential Substance Abuse Treatment for State Prisoners - $75,000 – status quo
  • Law Enforcement Drug Policy $880,000 – decrease of $1.7 million
  • Community Services $7 million – increase of $17,000
  • Community Development $25.6 million – decrease of $6.2 million
  • LIHEAP (Low Income Energy Assistance) $36.3 million – decrease of $10.7 million
  • Social Services $16.8 million – decrease of $441,000
  • Child Care and Development $41.2 million – decrease of $2.2 million

 

Categorical Grants – $4.4 billion

  • Dept of Ag $8.2 million
  • Dept. of the Blind $7.9 million – decrease of $120,000
  • Civil Rights Commission - $864,000 – increase of $8,000
  • College Student Aid - $30.5 million – increase of $3.2 million
  • Dept. of Commerce $671,000 – decrease of $27,500
  • Dept. of Correction - $415,000  - decrease of $450,000
  • Dept. of Cultural Affairs $1.2 million – status quo
  • Dept. of Economic Development - $15.4 million – increase of $710,000
  • Dept. of Education - $443.2 million – increase of 921,000
  • Dept. of Elder Affairs - $17.2 million – decrease of $718,000
  • Gov.’s Office Of  Drug Control $3.8 million – increase of $2.7 million
  • Dept. of Human Rights $17.1 million – decrease of $392,000
  • Dept. of Human Services $2.5 billion – increase of $93.1 million
  • Dept. of Inspections & Appeals $4 million – increase of $33,000
  • Judicial Branch $2.1 million – increase of $371,000
  • Dept. of Justice - $7.4 million  - decrease of $667,000
  • Dept. of Natural Resources - $38 million – status quo
  • Dept. of Public Defense $85.9 million – decrease of $565,000
  • Dept. of Public Health $85.8 million – decrease of $3.2 million
  • Dept. of Public Safety $7.3 million – increase of $170,000
  • Regents $399.7 million – status quo
  • Treasurer $350,000 – status quo
  • Dept. of Transportation - $259.3 million – decrease of $1.2 million
  • Dept. of Veteran Affairs $55.9 million – increase of $33.5 million (Phase I of Vets Home project)
  • Dept. of Workforce Dev. $447.3 million – decrease of $12.9 million [3/10:  49-0]

 

 

SF 2347 requires all counties to use an optical scan voting system beginning with an election held on or after Nov. 4, 2008.  Federal HAVA requirements for disabled voters shall be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system.   SF 2347 appropriates $4,900,880 from FY08 RIIF funds to the Optical Scan Voting System Fund.  The Secretary of State is required to purchase the machines and distribute them to the counties.  The Secretary of State will consult with the Dept. of Administrative System on procedures to purchase and distribute the equipment.  It is anticipated that the federal government will provide an additional $1 million for voting equipment.  If federal funds are received, $61,000 of the $4.9 million appropriation is to be used as matching funds.  If any federal funding is received for the same or similar purposes, the federal funds shall revert to the RIIF fund.  Any remaining money in the voting machine reimbursement fund, which has been used previously to assist counties, is transferred to the new optical scan voting system fund.  Money in this fund does not revert.  The Secretary of State is required to submit a report to the chairs and ranking members of the Administration and Regulation budget subcommittee by Dec. 31, 2008.  The Secretary of State is permitted to file emergency rules to meet the November 2008 goal and will develop rules to address continuing education of election workers.  SF 2347 deappropriates $3.6 million in FY08 RIIF dollars for the new state office building and deappropriates $1 million in FY08 RIIF dollars for an asbestos study.  SF 2347 is effective upon enactment.  [3/11:  47-1]

 

COMMITTEE ACTION

 

SSB 3265 appropriates $328.1 million to the Iowa Department of Transportation (DOT), including $47.7 million from the Road Use Tax Fund and $280.4 million from the Primary Road Fund.

The total increase over FY08 is $1.3 million.  Highlights include:

  • Net increase to the highway division is $839,000.
  • New maintenance garage in Waukon - $2.5 million ($200,000 increase over last year’s garage)            
  • New appropriation of $1 million for a permitting system designed to automate the process of issuing permits for oversize and overweight vehicles.  An additional $1 million will be requested next year.
  • The Transportation and Infrastructure trimmed down the Department’s original increase requested by the DOT by $830,000.

 

SSB 2365 appropriates a FY08 supplemental appropriation of $9.7 million for salt, labor and fuel costs associated with winter road maintenance.  [3/11:  short form]

 

 

 

 

SF 2179 – Banking Division professional licensure, regulation

SF 2337 – Association of Iowa Fairs’ liability insurance 

SF 2248 – Modification to statewide video franchise applications 

SF 2250 – Licensure revisions for real estate brokers, salespersons


FLOOR ACTION

 

            SF 2179 is a recommendation by the Department of Commerce’s Banking Division relating to some of the professions under the purview of the Division’s licensing and regulation bureau. The bill: 

 

            SF 2248 modifies the application provisions of the statewide video franchise legislation enacted last session.   It deletes counties from the definition of a “municipality” [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.  The bill 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.  [3/10: 49-0]

 

            SF 2250 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 suspension by the Commission. The bill mandates that a license must be revoked if the licensee has three violations within a three-year period. 

            The bill also 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. [3/12: 48-0]

 

            SF 2337 allows the Association of Iowa Fairs to have the power to purchase liability insurance as a purchasing group on behalf of eligible fairs which are members.  [3/10: 47-0] 

 

 

 

 

SF 2241—Eligibility of Recognized Indian Tribes for Economic Development Programs

SF 2325—Physical Infrastructure Assistance Program (PIAP) Changes

 

FLOOR ACTION: 

           

SF 2325 directs that the Iowa Department of Economic Development (IDED) may allocate at least $5 million to Physical Infrastructure Assistance Program (PIAP) and exempts job and wage requirements for that $5 million. Any moneys funded above five million for PIAP projects are subject to job and wage requirements.  The bill allows IDED to set the performance measurements for a project and timeline of three years to meet the measurements. A project can apply for a one year waiver from IDED Board if needed after the three years.  The performance measurements may include that future tenant businesses meet minimum job and wage requirements of the Iowa Values Fund. In addition, the drafter made changes which clarified certain programs that IDED administers with Iowa Values Fund moneys.  [3/11:  48-0, Gaskill, McKibben “excused”]

 

COMMITTEE ACTION: 

 

SF 2241 relates to economic development assistance for the Sac and Fox Tribe of the Mississippi in Iowa located in Tama.  The bill makes the Tribe eligible to apply for assistance from the Community Attraction and Tourism Program (CAT) and the Vision Iowa Program.  An amendment was adopted in committee which will allow all federally recognized tribes that own land in Iowa to be eligible for the CAT Program and the Vision Iowa Program.  [3/6:  short form, Hahn, Houser, Seymour, Zaun “no”]  

 

 

 

 

SF 2282 – Paperwork clean-up bill for teachers and administrators

SF 2329 – Categorical allowable growth

 

FLOOR ACTION: 

 

SF 2282 is an effort to review and reduce some of the redundant paperwork and reporting schools must provide to the state Department of Education.  The bill calls for a group of interested education stakeholders to meet each year to review new and existing reporting requirements and makes recommendations to the General Assembly on any that should be reconsidered.  The bill removes the reporting requirements for three areas that are already being reported in other documents.  [3/10: 32-17 (Angelo, Houser, Noble, Zaun, Behn, Johnson, Putney, Zieman, Boettger, Kettering, Seymour, Hahn, McKibben, Ward, Hartsuch, McKinley, Wieck)]

           

            SF 2329 is called the categorical allowable growth legislation.  This bill provides for a new categorical allowable growth formula to be available for three long-standing education line-item appropriations: (1) Teacher Quality and Phase II; (2) Professional Development; and (3) Early Intervention (also known as Class Size Reduction money).  The main benefit of this bill is to make these funds permanent.  Legislature may add a “growth factor” to these pots of money by setting various growth rates, just as it does now with Allowable Growth.  It’s important to note that this bill does NOT automatically apply any growth factor.  In fact, if the Legislature doesn’t do anything, there will be no growth attached to these pots of money.  The Legislature is able to set any rate of growth (from 0 percent to whatever the Allowable Growth rate was set at) for any of the three pots of money. The monies from these three pots will be distributed under the current formula next year; schools will take that amount and make a “per pupil” rate.  A 101 percent budget guarantee is added to this formula (just like Allowable Growth).  The Roll-In Bill does not change the use of the funds.  Each of these funds must be accounted for separately.  All the requirements and restrictions of the funds remain unchanged in the law.   This legislation will allow for districts to plan and count on these funds to meet critical needs in these areas. [3/12:  46-2 (Kreiman, Warnstadt—“no,” Courtney, Gaskill—“excused”)]

 

 

 

 

SF 249 – Automated Payments for Certain DHS programs

SF 2060 -- Pharmacy Tech-Check-Tech Program

SF 2262 – Child Care and Family Support Subsidy

SF 2266 – Cause of Death Investigations at DHS facilities

SF 2269 – Family Investment Program changes

SF 2338 – Professional Licensing Boards

SF 2341 – Alzheimer’s Disease Recommendations

SSB 3140 – Health Care Reform

SSB 3186 – Health Care Workforce Shortages

SSB 3229 – Reimbursement Increase for Child Welfare

 

FLOOR ACTION: 

 

            SF 249 provides that the payment of a premium made under the Medicaid, IowaCare or hawk-i program that is accepted by an automated case management system or the department does not automatically confer initial or continuing program eligibility to an individual.  If a premium is paid to and accepted through the department's premium payment process and is subsequently determined to have been paid on behalf of an individual ineligible for the program, the bill requires the payment to be refunded to the remitter in accordance with rules adopted by the department.  [3/10:  47-0 (Gaskill, Houser, Lundby excused)]

 

            SF 2060 establishes a pharmacy tech-check-tech program and rules.  The program allows registered pharmacy technicians to check the work of other technicians. Section 4 of the bill is proposed at the request of the Office of the Attorney General and Iowa county attorneys.  This proposed amendment relates to the penalty provisions for individuals involved in illegal activities relating to controlled substances and clarifies the applicable penalty provisions in the Controlled Substances Act that apply to the identified violations.  The bill also authorizes a pharmacist intern, under the direct supervision of a pharmacist preceptor, to participate in the transfer of a prescription drug order between pharmacies.  [3/10:  49-0 (Gaskill excused)]

 

SF 2262 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.  [3/10:  48-0 (Courtney, Gaskill excused)]

 

SF 2266 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.  [3/10:  49-0 (Gaskill excused)]

 

SF 2269 revises 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.  [3/10:  48-0 (Courtney, Gaskill excused)]

 

SF 2338 makes technical changes to chapters 147, 148, 150 and 150A to reflect current terminology and reflect current practices for the health-related professions.  It also makes updates and other changes to chapter 151 Chiropractic and Chapter 154D Behavioral Science.   [3/12:  48-0 (Courtney, Gaskill excused)]

 

SF 2341 implements recommendations from the Alzheimer’s Disease Task force and Requires the Department of Public Health to determine the existing service utilization and future service needs of persons with Alzheimer’s disease or dementia, including the availability of caregivers and the appropriate service level for the future.  It also requires the Department of Elder Affairs to regularly review issues in this area, and to look at improving the training and education of those who care for theses persons.   [3/12:  45-0 (Courtney, Gaskill, McCoy, Ward and Stewart excused)]

 

COMMITTEE ACTION: 

 

            SSB 3140 (as amended) is based on the Health Care Commission’s recommendations.  It requires all families to have health insurance for their children by 2011. It will subsidize families who can’t afford coverage by letting them join hawk-i.  It also encourages the use of electronic medical records, encourages the medical home concept, establishes wellness and prevention initiatives, establishes long-term living public education campaigns, sets up a pilot for end of life care, and strengthens accountability, transparency, cost containment and planning.  [3/6:  11-2 (Boettger, Hartsuch no)]

 

            SSB 3186 (as amended) is based on the Health Care Commission’s recommendations.  The bill creates a Health Care Provider Recruitment and Retention Endeavor, enhances a tax credit for health care providers, creates a psychiatric residency program, addresses direct care workers compensation, creates a direct care workers advisory council and establishes a tuition assistance program for community college students working with mentally ill and mentally retarded patients.  [3/6:  short form]

 

            SSB 3229 (as amended) provides for an annual percentage increase in the reimbursement rate of providers of child welfare services.  The increase is equal to the state percent of growth for schools for the school budget year with the same dates as the fiscal year of increase, beginning in 2010.      [3/6:  short form (Boettger present)]

 

 

 

 

SF 2212 – Termination of Parental Rights

SF 2281 – Employment Discrimination

SF 2316 – Uniform Prudent Management of Institutional Funds Act

SF 2317– Substantive Code Editor’s Bill

SF 2320 – Nonsubstantive Code Editor’s Bill

SF 2335 – Rights of Victims of Sexual Assault

SF 2382 – Deferred Judgment Criminal Records

HF 2165 - Business Corporations Act Amendments

 

FLOOR ACTION:

 

SF 2212 allows the court to waive the requirement that reasonable efforts be made to preserve the family in “child in need of assistance” proceedings if the court finds that the parent’s parental rights relating to another child or children in the same family have been terminated by the court of another state.  Currently, Iowa law provides that if an Iowa court finds that parental rights have been terminated under Iowa law with respect to another child who is a member of the same family, the court may waive the requirement that reasonable efforts be made to preserve the family. [3/12:  48-0, Courtney, Gaskill excused]

 

SF 2281 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, the employee cannot be fired or suffer other retribution because the employee left work to attend the hearing.  Current Iowa law already prohibits discrimination against an individual who must miss work to testify in a criminal hearing.  The Senate adopted an amendment that limits this prohibition to Chapter 236 hearings. [3/10:  49-0, Gaskill excused]

 

SF 2316 replaces the current Uniform Management of Institutional Funds Act, codified at Iowa Code Chapter 540A.  This act addresses the standards for investment of institutional funds and the expenditures of such funds.  Its provisions would apply to nonprofit corporations, governmental entities that hold funds for exclusively charitable purposes and trusts that have both charitable and noncharitable interests after the noncharitable interests have been terminated.  This model act promotes two principles:  (1) assets of a charitable organization are to be invested prudently in diversified investments that seek growth as well as income, and (2) that appreciation of assets can prudently be spent for the purposes of any endowment fund held by a charitable institution.  The legislation provides more specific guidance on prudence regarding expenditures and eliminates a floor on spending.  The bill also recognizes and protects donor intent more broadly than the current law.  [3/10:  48-0, Courtney, Gaskill excused]

 

SF 2317 relates to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective and retroactive applicability date provisions. [3/11:48-0, Gaskill and McKibben excused]

 

SF 2320 relates to nonsubstantive Code corrections and includes a retroactive applicability date provisions. [3/11:  48-0, Gaskill, McKibben excused]

 

SF 2335 specifies that a peace officer shall remain at the scene of a sexual assault as long as a threat to the physical safety of the victim remains, or if unable to remain, the peace officer shall assist the victim in leaving the scene.  The bill also provides that a victim of an alleged sexual assault will have the right to request the presence of a victim counselor at any proceeding relating to an assault, including a medical examination. [3:12:  45-0, Courtney, Gaskill, McCoy, Stewart, Ward excused]

 

SF 2382 specifies that the deferred judgment docket shall be maintained by the state court administrator and shall not be destroyed.  In addition, this bill defines the term “expunged” to mean that the court’s criminal record with reference to a deferred judgment has been segregated in an area or database which is secured from public access.  In addition, the bill specifies that an expunged record is a confidential record exempt from public access, but the clerk shall make it available to certain agencies or persons who by law are granted access under 907.4. [3/12:  46-0, Courtney, Gaskill, Stewart, Ward excused]

 

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. [3/10:  47-0, Gaskill, Houser, Lundby excused]

 

 

 

 

SF 2303 – Workers’ compensation benefits and second injury fund

SF 2304 – Elevator safety and boiler and pressure vessel safety revolving funds

HF 2194 – Exemptions to the state minimum wage


FLOOR ACTION:

 

SF 2303 allows for the workers’ compensation commissioner to maintain jurisdiction for the purposes of adjudicating claims that are in regard to a settlement of a workers’ compensation claim where the settlement includes the employee’s right to benefits for a specified period of time.  This allows the workers’ compensation commissioner to intervene in disputes arising from the settlement during that agreed to time period.  The bill also removes the sunset provision for the surcharge paid by employers to finance the second injury fund.  The second injury fund affects employees who begin employment with a pre-existing injury which resulted in the loss of a limb, hand, foot, or eye, and then suffer another injury while in employment that led to their being granted a higher degree of disability if there had not been the qualified pre-existing injury.  The fund covers the portion of a disability award that is goes beyond what the second injury would have resulted in had there not been the qualified pre-existing condition.  [3/12: 48-0]

 

SF 2304 strikes code sections that provided for the sunset of the elevator safety and boiler and pressure vessel safety revolving funds.  The revolving funds are used to pay for the activities and expenses of the respective safety boards.  [3/10: 47-0]

 

HF 2194 corrects code language that relates to exemptions from the state minimum wage requirement.  Currently, the code cites outdated federal law.  The bill provides for the same exemptions, but places the language in the Iowa Code.  The bill does not increase or remove exemptions to the state minimum wage law; it simply restates current regulations.  [3/10: 47-0]

 

 

 

 

SF 2305 – County recorder technical clean up

SF 2249 – Hotel and motel tax elections

HF 2366 -- Essential County Bonding Communication Equipment

 

FLOOR ACTION: 

           

            SF 2305 involves the office of the county recorder by making changes to several obscure and outdated code sections that still refer to indexing and maintaining records in the recorders’ offices in books.  All recorders maintain their records in an electronic format and no longer keep records in books.  These changes have been standardized to reflect the way data is now kept.  There are no fee increases in this bill. [3/10/08: 49-0, Gaskill absent]

 

            SF 2249 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.[3/10: 48-1, Kreiman “no”, Gaskill absent]

 

HF 2366 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. [3/10: 48-0, McKibben, Gaskill absent]

 

 

 

 

SF 2198 – Appointments to Brushy Creek Recreation Area Trails Advisory Board

SF 2230 – Special nonresident turkey and deer licenses

SF 2375 – Alternative energy system tax credits

SF 2276 – Solid waste disposal permitting requirements and update

SF 2321 – Mercury containing light fixture recycling and study

SF 2360 – Designation of environment management systems

SF 2367 – Small business compliance advisory panel

SF 2380 – State water trails and low head dam public hazard plan

SF 2386 – Energy efficiency planning and reporting

SJR 2002 – Constitutional amendment on sustainable funding for natural resources

 

FLOOR AND COMMITTEE ACTION:

 

SF 2380, as amended in committee, requires the Department of Natural Resources (DNR) to conduct a study of state waterways for recreational purposes and to assess hazards present on the waterways by low-head dams.  [3/12: 46-0; 3/6: short form]

 

FLOOR ACTION:

 

SF 2198 allows the Natural Resources Commission to appoint the members of the Brushy Creek Recreation Area Trails Advisory Board.  Currently, the Legislature appoints six of the seven members to the board, and the Governor appoints the last member.  [3/10: 47-0]

 

SF 2230 as amended, authorizes the Natural Resources Commission to issue special turkey or any-sex deer hunting licenses to individuals under the age of 21 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 Iowa, but because of nonresident license limits, the creation of these special licenses is necessary to allow nonresidents the same opportunity.  The total number of licenses issued under this section is expected to be minimal.  [3/10: 49-0]

 

SF 2276 updates current law to address issues that have arisen since the statute was originally passed and to remove outdated language.  [3/10: 49-0]

 

SF 2321 provides that the Department of Natural Resources (DNR) shall conduct a study and report to the General Assembly regarding the recycling of mercury containing light fixtures.  The study shall consult with stakeholders and make recommendations on how to implement and finance a convenient and effective recycling program for these light fixtures.  Energy efficient compact fluorescent light bulbs are becoming more popular.  These bulbs contain mercury, a toxic substance that can be released into the air and the water if they are not disposed of properly.  [3/12: 48-0]

 

SF 2367 relates to the DNR’s Small Business Stationary Source Technical and Environmental Compliance Assistance Program.  The program helps small businesses that must file air quality permits for stationary sources with the DNR.  The small businesses are able to receive assistance in conforming to regulations they must meet in accordance with the federal Clean Air Act.  The bill provides for the appointment of members to the compliance advisory panel, which will review and report on the effectiveness of the program.  [3/12: 48-0]

 

COMMITTEE ACTION:

 

SF 2375, as amended in committee, establishes an income tax credit for small businesses for the installation of alternative energy system for the heat and cooling, or in conjunction with the operation or maintenance in its building.  The credit would amount to one-fourth the cost of installation or $5,000, whichever is less.  [3/6: short form]

 

SF 2386, as amended in committee, establishes an energy efficiency standards and practices commission within the Department of Public Safety, which has jurisdiction over the state building code.  The commission will review current energy efficient standards, develop recommendations for new energy efficiency standards applicable to new construction, and incentives to encourage the building of projects that exceed current state and local building codes.  The bill also requires the Iowa Utilities Board (IUB) to forward reports regarding energy efficiency efforts of gas and electric utilities to the General Assembly.  [3/6: short form]

 

SSB 3166 establishes minimum requirements for an environmental management system, which would be managed by a solid waste planning area.  The system must provide for various environmental improvement practices.  Establishing a program would allow the planning area to qualify for state funding to assist in the management of the system by the planning area.  There is a disagreement among landfills about how this program might be carried out.  If the bill continues to move forward, it is expected there will be changes to address those concerns.  [3/6: short form]

 

SJR 2002 is a bill for a proposed constitutional amendment to provide for sustainable funding for natural resources, water quality and outdoor recreation in Iowa.  As amended in committee, the proposed amendment would allow voters to establish a Natural Resources and Outdoor Recreation Trust Fund, which would be funded by an amount equal to a sales tax of 3/8ths of one cent (this equals approximately $150 million).  If the proposed amendment is adopted, money would not be deposited into the fund until the sales tax is raised by the Legislature.  The amendment would not raise taxes, nor would it divert money from current programs.  The amendment must pass both the Senate and the House this year and during the next General Assembly before it would be submitted to voters for approval in the subsequent statewide General Election.  [3/6: short form]

 

 

 

SF 2176 – DCA electronic records, cultural committees, Civil War committee

SF 2129 –Interpreter qualifications for Asian, Pacific Islander languages

SF 2292 – Iowa Civil Rights Commission complaint timeframe

SF 2301 – Uniform finance procedures for bonds

SF 2355 – Presidential precinct caucus attendance

SF 2359 – Fine art projects in state buildings

SF 2361 – State Purchase of designated bio-based products 

SF 2365 – Binding international trade agreements

SF 2368 – Voluntary self-exclusion from gaming facilities

SF 2373 – Public retirement omnibus

SF 2387 – Electrical, mechanical games of amusement prizes

 

FLOOR ACTION

 

            SF 2176 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 statewide culture, history and arts teams, and create local committees for the coordination of cultural efforts. The bill establishes a Civil War Advisory Committee to help the 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.  [3/12: 48-0]

 

            SF 2129 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.  [3/12: 48-0]

 

            SF 2292 expands the time period during which a complaint may be filed with the Iowa Civil Rights Commission from 180 to 300 days after the alleged discriminatory or unfair practice occurred. The Commission enforces state and federal statutes that prohibit discrimination in employment, public accommodations, housing, education, and credit by investigating and litigating civil rights complaints. This extension conforms more to federal timelines.  [3/10: 35-13)]

 

            SF 2301 is a recommendation by the Treasurer of State and the Iowa Attorney General to improve the boilerplate language in Iowa Code Chapter 12A created last session.  The use of this section is voluntary and provides a guide regarding what should be incorporated into legislation pertaining to bonds issued by the State.  The bill replaces the term “obligations” with “bonds” and removes “moral obligation” language.   It also removes language regarding the automatic state tax benefit.  The decision to exempt bonds issued by the state for state income and inheritance tax should be a case-by-case decision for the Legislature and the Governor.  [3/10: 48-0]

 

            SF 2355 provides that a person shall be entitled to unpaid time off from work to attend a presidential precinct caucus for up to four hours beginning one hour prior to the

start of the caucus.  This would allow more Iowans, such as “second shift “workers, to more fully participate in this process. The employee must make a written application with the employer at least 14 days prior to the caucus, and the employer has 7 days to reject or accept the request. There are exemptions to the unpaid time off requirement for emergency services providers if public health and safety is jeopardized, and situations that would have severe economic impact on the employer.   [3/12: 38-10] 

           

            SF 2361 provides that when purchasing products, the Department of Administrative Services (DAS), other state agencies, and the Board of Directors of a merged area, must give a preference to purchasing designated bio-based products according to procedures and specifications after consulting with U.S. Department of Agriculture’s guidelines or regulations for bio-based products.   This will increase the use of products which are both value-added and environmentally-friendly. 

            The bill is similar to provisions applicable to bio-based hydraulic fluids, greases and other industrial lubricants. The bill provides that the purchase must be based on the greatest percentage of bio-based materials contained in the designated bio-based product unless an exception applies (e.g., product unavailable, does not meet the manufacturer’s performance requirements, is prohibitively expensive). 

            The bill requires the establishment of a preference program for procuring the maximum content of bio-based materials in designated bio-based products, which includes advertising and soliciting bids for such products. The bill does not apply to the procurement of designated bio-based products which are subject to pre-existing requirements, including soybean-based ink, degradable loose foam packing material manufactured from grain starches or other renewable resources, and bio-based hydraulic fluid, grease, or other industrial lubricant.

            This applies to state charter agencies that have procurement authority independent of the DAS. [3/12: 46-0]

 

            SF 2368 allows a person who has a “voluntary lifetime exclusion” from a state-licensed gambling facility to apply to the Iowa Racing and Gaming Commission for revocation of the self-exclusionary ban if good cause is shown.  A person may apply to be reinstated after he or she has been excluded for at least five years.  A person who has revoked the exclusion may have it reinstated, but then cannot revoke it a second time.  Neither the State nor the licensee will be liable for any claim arising out of this process. An amendment was adopted (on a voice vote) that requires the exclusion revocation application to include the written consent of the person's spouse, if applicable.  [3/12: 48-0]

 

 

COMMITTEE ACTION

 

            SF 2359 (SF 2235) adds information centers and rest areas used for the traveling public as state buildings for purposes of the requirements relative to fine arts projects in state buildings. It also increases from .5 percent to 1.5 percent of the total estimated cost of projects for a state building or state complex that must be used for fine arts elements (e.g., sculptures, fountains).

             The bill permits funds allocated for fine arts to be   accumulated and used over more than one fiscal period and to be combined to complete significant projects with the approval of the Iowa Arts Council. Ten percent of the money for fine arts elements in a particular state building project must be transferred to a new Maintenance and Conservation Fund under the control of the Arts Division of the Department of Cultural Affairs.  Money credited to the Fund will be used for the maintenance and conservation

of fine arts elements acquired.   [3/6: 9-5 party-line]

 

            SF 2361 (SF 2272)  provides that when purchasing products, the Department of Administrative Services (DAS), other state agencies, and the Board of Directors of a merged area, must give a preference to purchasing designated bio-based products. [See Floor Action]