Week 11 – Committee Reports

March 26, 2008

 

AGRICULTURE

APPROPRIATIONS

COMMERCE

ECONOMIC GROWTH

EDUCATION

GOVERNMENT OVERSIGHT

HUMAN RESOURCES

JUDICIARY

LABOR & BUSINESS RELATIONS

NATURAL RESOURCES & ENVIRONMENT

STATE GOVERNMENT

TRANSPORTATION

VETERANS AFFAIRS

WAYS & MEANS

 

 

STAFF CONTACT:    Sue Monahan

 

SF 2131—Equine Commission

HF 2551—Non-Resident Aerial Applicators

HF 2553— Per Diem for Iowa Soybean Association Directors

HF 2554—Drainage Districts Monetary Thresholds

HF 2601—Missouri River Authority

HF 2606—Regulation of Grain Dealers and Warehouse Operators

 

FLOOR ACTION:

 

SF 2131 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.  [3/25: 23-26-bill failed-MTR] [3/26: 31-18, excused “Zieman”]

 

COMMITTEE ACTION: 

 

            HF 2551 gives the Secretary of Agriculture and Land Stewardship the authority to adopt by rule specific requirements for non-resident aerial applicators of pesticides.  The bill eliminates the option for a non-resident applicator to operate in Iowa without a commercial applicator license as long as they were operating under an Iowa aerial applicators license. [3/26: short form]

 

            HF 2553 raises the per diem compensation for directors of the Iowa Soybean Association Board to $100.  Currently, in Iowa the per diem is set at $50.  Compensation to the directors is paid by the Iowa Soybean Association members. [3/26: short form]

 

            HF 2554 raises the amount the governing board of a drainage district may make repairs necessary to maintain to restore a drainage or levee improvement without a public hearing. Currently, the drainage district board does not need to hold a public hearing if the improvement does not exceed $15,000.  The bill changes the amount to $20,000.  The bill amends a provision which provides for the right of a landowner to file a remonstrance against a proposed improvement when its cost exceeds the greater of $20,000 or the cost of the district plus subsequent improvements.  The bill increases the ceiling amount to $25,000. [3/26: short form]

 

            HF 2601 changes the name of the Missouri River Basin Association to the Missouri River Association of States and Tribes. [3/26: short form]

 

            HF 2606 amends various sections of the Iowa Code relating to grain dealers and grain warehouses.  The bill changes the definition of financial institution in the grain dealer law.  The bill codifies the Iowa Department of Agriculture and Land Stewardship’s procedure to require additional financial reporting for Class 1 and Class 2 grain dealers.  The bill allows the Department to adopt rules specifically relating to electronic warehouse operator documents.  The bill allows for a five-year time limitation for completing the claim process for the indemnity fund.  In addition, the bill makes various definitional changes. [3/26: short form]

 

 

 

 

STAFF CONTACT:    Theresa Kehoe

 

SF 2400 — Administration & Regulation FY09 

 

FLOOR ACTION

 

SF 2400 appropriates $95.6 million from the General Fund for various state agencies.  This is a decrease of $695,000 from FY08.  $20.5 million is appropriated from other funds – an increase of $28,000.  Highlights include: 

 

Dept. of Administrative Services

  • $8,000 decrease – out of state travel / operational expenses
  • $120,000 decrease – utilities

Dept. of Commerce

  • $4,000 decrease – Credit Union – eliminate one-time expenditure for IT equipment.

Governor’s Office

  • $4,000 decrease for Terrace Hill Quarters Operation

Office of Drug Control Policy

  • $36,000 increase for Drug Taskforces – statewide

Dept. of Human Rights

  • $1,000 decrease – one time appropriation for Abraham Lincoln celebration
  • $18,000 net decrease Status of African Americans Division.  Eliminates a $20,000 one time appropriation and $1,000 increase for Covenant with Black Iowa Program

Dept. of Inspections & Appeals

  • $37,000 transfer from Riverboats to Pari-Mutuel Regulation

Misc

·        Adds language contained in last year’s legislation directing the Office of Drug Control Policy to revert state funds, if additional federal funds are received.

·        Adds language allowing the Child Advocacy Board to conduct up to 6 pilot projects and to provide the General Assembly with a report by Feb. 1, 2009.

·        Adds .5 FTE to the Dept. of Insurance.

·        Allows the Campaign Ethics and Finance Disclosure Board to develop a searchable internet database for reports filed, in a downloadable format.  [3/24: 32-17]

 

 

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 2306 – Long-term care insurance provisions

SF 2392 – Viatical settlements

HF 2392 – Notice, collection of delinquent city utility charges

 

FLOOR ACTION

 

SF 2306 repeals existing provisions regulating long-term care insurance and creates new ones, provides for penalties and an appropriation.  These new provisions apply to policies delivered or issued for delivery in Iowa after June 30, 2008.

The bill includes new and additional definitions, and expanded disclosure and performance standards that set prohibited policy practices and permissible treatment of pre-existing conditions, prior hospitalizations, and institutionalizations.  The standards also allow applicants the right to return a policy and to receive a refund.

The bill contains requirements for prompt payment of claims when there are no circumstances preventing such payment.   It requires insurers to notify an insured making a claim under a long-term care insurance policy when the insurer denies the payment of benefits because the insured's benefit trigger has not been met.  The insurer must provide an internal review process to the insured to appeal the insurer's initial benefit trigger determination.  If the internal appeal decision upholds the denial of benefits, the insurer must notify the insured of any additional internal appeal rights and the insured’s right to request an independent review of the benefit trigger determination.

The bill appropriates $60,000 from the General Fund for one full-time position for the Senior Health Insurance Information program in the Insurance Division. The program will assist in the dissemination of objective, non-commercial educational material and raise public awareness of sensible consumer choices in considering the purchase of various insurance products designed for the health care needs of older Iowans.

The provisions referring to and enacting the independent review process of benefit trigger determinations take effect January 1, 2009.  [3/21: 43-0]

 

            SF 2392 is based on recommendations by the Iowa Insurance Division and the National Association of Insurance Commissioners to regulate viatical settlements and strengthen consumer protection. The bill requires increased reporting by viatical settlement providers, provides transparency and education by increasing disclosures and information to the consumers who sell their policies so that they have a better understanding of the nature of such transactions.

             The bill also addresses growing nationwide concerns regarding stranger-originated life insurance (STOLI). This has become a vehicle used by too many to prey on the elderly.  Hedge funds and investment firms are bundling pooled insurance policies and trading them and the sooner the insureds die, the more money the firm makes.  The bill places a five-year ban on selling STOLI policies, which should substantially decrease the financial incentives for a third-party or investor group.  The ban does not apply to consumers who pay for their insurance policies with their own money. They may sell their policies after two years (the standard incontestability period), the same as current law. The consumer also may sell his or her policy at any time if any of these conditions apply: terminal or chronic illness; death of a spouse; divorce; retirement; disability; or bankruptcy.  [3/21: 43-0]

 

            HF 2392/SF 2351 makes changes to procedures for notice and collection of delinquent charges for city utilities and makes changes to billing notifications for water service provided to certain residential rental property.

            The Senate amended the proposal (on a voice vote) to address residential rental property where a charge for water service is separately metered and paid directly to the city utility or enterprise by the tenant. In that scenario, the property is exempt from a lien for delinquent rates or charges associated with water service if the landlord gives written notice to the city utility or enterprise that the property is residential rental and the tenant is liable for the rates or charges.  A city utility or enterprise may require a deposit of no more than the typical cost of 90 days of water service, and upon receipt will acknowledge the notice and deposit. The written notice must include the name of the tenant responsible for charges, address of the residential rental property and the date the tenant’s occupancy begins. A change in tenant requires a new written notice to be given to the city utility or enterprise within 30 days.  HF 2392 by Local Government passed the House 98-0.  It now goes back for consideration of the Senate amendment.   [3/21: 42-1 (Quirmbach)]

 

 

 

 

 

STAFF CONTACT:    Sue Monahan

 

HF 2385--Allowable investments by the Treasurer of State

 

COMMITTEE ACTION: 

 

HF 2385 allows Iowa Finance Authority (IFA) to sell obligations directly to the Treasurer’s Office.  This will significantly increase IFA’s speed of execution in transactions, while also reducing IFA’s transaction costs.  IFA is not asking the Treasurer’s office to buy IFA notes and bonds at reduced or favored rates or suggesting the Treasurer’s office compromise the credit quality of eligible investments.  Iowa Code previously did not list IFA as a type of investment the Treasurer may invest in or purchase.  Obligations of IFA may only be purchased if at the time of purchase IFA has an issuer credit rating within the two highest classifications or the obligations to be purchased are rated within the two highest classifications as established by the superintendent of banking.

 

 

 

 

 

STAFF CONTACT:    Bridget Godes

 

SF 2218—District reporting requirements and withholding options

HF 2103—Student Aid Commission legislative representation

HF 2364—PPEL to guarantee school district energy savings contracts

 

FLOOR ACTION: 

 

            SF 2218 allows the Department of Education to withhold certain state funding from school districts, area education agencies, and community colleges when required report submissions are late.  The bill was amended on the floor so that students would not be potentially penalized if the Department withheld state funds (per pupil funding) from school districts.  Instead, the amendment provided for the Board of Educational Examiners to have the ability, in certain circumstances, to revoke the district administration education licensure for failure to comply with specific job duties (return mandated state reports in a timely manner).    The bill, as amended, now addresses the late reporting problem with those folks that can remedy the issue.   [3/21: 28-14 (Angelo Hartsuch Mulder Wieck Behn Houser Noble Zieman Boettger Johnson Putney Hahn Kettering Seymour—“no,” and Courtney Lundby McKinley Ward Gaskill McKibben Seng Zaun—“absent”)]

 

COMMITTEE ACTION:

 

            HF 2103 increases the number of legislative appointments to the College Student Aid Commission.  Currently, there is one Senator and one Representative appointed as non-voting ex-official members to a four-year term beginning on July 1 of the year of appointment.  The bill increases the legislative members by one additional member from each chamber, and provides that the appointed legislators serve at the pleasure of the appointing leaders for terms beginning with this general assembly and expiring upon the convening of the following general assembly or when the appointee's successor is appointed.  [3/25:  Short Form]

 

            HF 2364 allows a school district to use its physical plant and equipment levy (PPEL) revenue to guarantee school district energy savings contracts.  [3/25: Short Form]

 

 

 

 

 

STAFF CONTACT:    Bridget Godes

 

SSB 3247 – Lottery restrictions

SSB 3263 – GEMS

 

COMMITTEE ACTION: 

 

SSB 3247 (SF 2403)  prohibits the lottery from operating outside the United States or engaging in a joint lottery with a lottery operated outside of the United States.  [3/25:  Short Form]

 

            SSB 3263 (SF 2404) relates to state agencies reporting the receipt of gifts, bequests, and grants.  Under current law, the Executive Branch departments and agencies must report the gifts, bequests, and grants received to the Iowa Ethics and Campaign Disclosure Board and to the Government Oversight Committee.  The bill shifts the responsibility for receiving the reporting of grants to the Office of Grants Enterprise Management (GEMS) of the Department of Management.  The DOM is required to compile the reports in the manner required under current law and submit an annual report to the Fiscal Services Division and Government Oversight Committees.  [3/25:  Short Form]

 

 

 

           

 

STAFF CONTACT:    Kris Bell

 

SF 2161 – Council on Homelessness

SF 2334 – Medicaid Third Party Payers

HF 2145 – Insurance Coverage for HVP Vaccinations

HF 2310 – Substance Abuse and Abuse Protocol

HF 2328 – FaDSS Program to Department of Human Rights

HF 2423 – Mental Health Risk Pool Application Procedures

HF 2372 – Electronic Benefits Transfer Process

 

FLOOR ACTION: 

 

SF 2161 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.  [3/21:  42-0 (Courtney, Gaskill, Lundby, McKibben, McKinley, Seng, Ward, Zaun excused)]

 

SF 2334 provides for sharing of information between entities that have health care coverage information and the Iowa Medicaid Enterprise to determine if a medical assistance recipient has third-party coverage would be responsible for the costs.  [3/21:  43-0 (Courtney, Gaskill, Lundby, McKibben, McKinley, Seng, Ward excused)]

 

COMMITTEE ACTION: 

 

            HF 2145 requires insurers offering certain individual or group health insurance contracts, policies, or plans in the state to provide coverage for vaccinations for human papilloma virus.  [3/25: short form (Johnson excused)]

 

            HF 2310 requires the Departments of Public Health and Human Services to perform a study, collect data and develop a protocol to address the relationship between substance misuse, abuse, or dependency by a child’s parent, guardian, custodian, or other person responsible for the child’s care and child abuse.  [3/25:  short form (Johnson excused)]

 

            HF 2328 moves the responsibility for the Family Development and Self-Sufficiency (FaDDS) Council and grant program from the Department of Human Services to the Community Action Agencies Division of the Department of Human Rights.  [3/25:  short form (Johnson excused)]

 

            HF 2372 limits the scope of the electronic benefits transfer program maintained by the Department of Human Services.  [3/25:  short form (Johnson excused)]

 

            HF 2423 revises the procedural and qualifying requirements for application to the County Mental Health, Mental Retardation, and Developmental Disabilities (MH/MR/DD) services risk pool.  It changes the application and decision dates.  [3/25:  short form (Johnson excused)]

 

 

 

 

 

 

STAFF CONTACT:    Cathy Engel

 

SF 2343 – Social Host Liability

SF 2350 – Probate Omnibus Bill

SF 2353 Appointment of Judicial Officers, Retirement of Senior Judges

HF 2119Fingerprinting Children at Fairs

HF 2189 – Shorthand Reporters

HF 2266 – Penalty for Possession of an Incendiary or Explosive Device

HF 2338 – Notice to an Age Appropriate Child of right to Attend CINA Proceeding

HF 2626 –State Judicial Nominating Commission Membership

HF 2628 – “Stun Gun” as a Dangerous Weapon

HF 2642 Issuance of a Treasurer’s Deed After Redemption Period

 

FLOOR ACTION:

 

SF 2343 provides that a person who is not a licensee, who makes alcoholic beverages available to an underage drinker can be held liable for any damages, injuries or death, caused by the underage drinker as a result of being intoxicated.  Current law says that a person has to actually hand the alcoholic beverages to the underage drinker in order to be held liable.  The bill also provides a civil penalty for persons, who are not licensees, who host or allow underage drinking in their homes or on their property.  The penalty is $250 for each violation.  [3/21:  43-0, Courtney, Gaskill, Lundby, McKibben, McKinley, Seng and Ward absent]

 

SF 2350 relates to trusts and estates including the administration of small estates.  The bill specifies that real estate conveyed to a revocable trust and subsequently sold or mortgaged by the trustee does not require a follow-up deed from the individual grantor and spouse.  In addition, the bill increases the amount of the value of assets in a conservatorship before a bond would be required from $10,000 to $25,000.   Also, the bill specifies that a surviving spouse must be given notice of the spouse’s right to elect to receive a life estate in the homestead.  The bill also amends provisions in the probate and trust codes relating to shares inherited by after born children under wills and revocable trusts.   The bill also reorganizes and restructures current provisions in the trust code relating to creditors’ rights, spendthrift trusts, spendthrift trusts created for the benefit of the settler, overdue distributions, and creates new provisions relating to creditors’ rights generally and discretionary trusts.  Another aspect of the bill provides that a donor has the right to designate who will have standing to enforce a charitable trust established by the settler and may designate a person or persons to enforce the charitable trust if the settler is deceased or not competent. [3/24:  49-0, Johnson absent]

 

SF 2353 relates to the appointment of certain judicial officers, the retirement of senior judges, the entry of temporary custody and visitation orders, and the jurisdiction of certain judges in probate court.  The bill provides that the district judicial nominating commission will nominate persons for appointment to the office of district associate judge, associate juvenile judge, or associate probate judge, rather than the county magistrate appointing commission.  The bill also provides that the court may enter temporary custody and visitation orders prior to a hearing to determine whether domestic abuse has occurred under Code Chapter 236.  The bill also provides that a senior judge shall cease being a senior judge upon attaining 78 years of age; however, a senior judge may be appointed to an additional two year term at the discretion of the Supreme Court.  [3/21:  43-0, Courtney, Gaskill, Lundby, McKibben, McKinley, Seng and Ward absent]

 

COMMITTEE ACTION:   

 

HF 2119 clarifies that law enforcement agencies will be allowed to fingerprint children at county fairs and the state fair under very specific circumstances.  In order to fingerprint children, a parent or guardian must sign an authorization card.  In addition, the parent or guardian keeps the fingerprint card.  Law enforcement may not keep a fingerprint record of a child.  Current law prohibits the fingerprinting of children except under specific circumstances.  [3/25:  14-0, McKibben absent]

 

            HF 2189 authorizes the Supreme Court to appoint the administrator for the board of examiners of shorthand reporters.  Current law designates the state court administrator or a designee of the state court administrator to act as administrator to the board.  The bill provides that the fees collected for shorthand certification examinations shall be used to offset the expenses of the board of examiners of shorthand reporters, including the costs of administering the examination.  Current law provides that the state court administrator collect and account for all the examination fees collected.  These fees currently are deposited into the general fund.  [3/25:  14-0, McKibben absent].

 

HF 2266 makes the following changes to the Code relating to explosive devices:

·        The bill conforms Iowa’s definition of explosives to the new federal definition and classification system for explosives.

·        The bill adds “overpressure devices” to Iowa’s statutory list of explosives.   Simply stated, an overpressure device is a container, usually plastic, glass, or steel, that is filled with compounds that expand to the point of causing the container to burst in a violent manner. 

·        The bill creates a “lesser offense” of criminal possession of an incendiary or explosive device.  Under current law, there is an offense of “possession of an incendiary or explosive device with intent to commit a public offense.”  That offense is a C felony.  This bill creates a lesser offense of “possession of an incendiary or explosive device (without intent to commit a public offense).”  The new offense would be an aggravated misdemeanor.   This charge would be available when a person is found to be in possession of an incendiary or explosive device, but it is not possible to prove that the person intended to commit a public offense.  [3/25:  14-0, McKibben absent].

 

HF 2338 instructs that if a child who is the subject of a CINA proceeding is age appropriate to attend the proceeding, the court shall ascertain whether that child has been informed of the child’s right to attend the proceedings. [3/25:  14-0, McKibben absent].

 

            HF 2626 relates to the appointment or election of state judicial nominating commission members. The state judicial nominating commission nominates persons to the Governor for appointment to the Court of Appeals and the Supreme Court. The bill provides that the terms of each appointed and elected member of the state judicial nominating commission expire on December 31, 2012.  The bill provides that terms of newly appointed and elected members of the state judicial nominating commission shall commence on January 1, 2013, based upon four congressional districts being established following the 2010 federal decennial census.  The bill establishes an initial term for the appointed and elected members by staggering the initial term at two-year, four-year, and six-year intervals.    Under the bill, the initial term for appointed members is as follows:  three members shall serve a term of two years,   three members shall serve a term of four years, and two members shall serve a term of six years.  Under the bill, the initial term for elected members is as follows:  two members shall serve a term of two years, three   members shall serve a term of four years, and three members shall serve a term of six years. The bill provides that the appointed and elected members from each congressional district shall be gender balanced as provided in Code section 69.16A.  If the number of congressional districts established following the 2010 federal decennial census is not equal to four, then the procedures set out in the bill are void and the bill is repealed effective June 30, 2012. [3/26:  14-0, Zieman absent]

 

            HF 2628 adds “taser” type devices to the list of enumerated dangerous weapons.  In addition, the bill specifies that nothing in that section of the Code precludes the lawful possession or use of a bow and arrow. [3/26:  14-0, Zieman absent]

 

            HF 2642 provides that a tax deed is not subject to invalidation if notice was not served on a person entitled to service.  Instead, the interest of the person not served with notice simply survives the issuance of the tax deed.  The only exception is that a tax deed remains subject to invalidation in the case of failure to serve the owner of record or the person in whose name the parcel is taxed. [3/26:  14-0, Zieman absent]

 

  

 

 

STAFF CONTACT:    Jace Mikels

 

SF 2154 – Updated definitions regarding inclined or vertical wheelchair lifts

HF 2589 – Unemployment insurance tax penalties

HF 2645 – Public employee collective bargaining


FLOOR AND COMMITTEE ACTION:

 

HF 2645 makes changes to Chapter 20 governing public employee collective bargaining, including the powers and duties of the Public Employment Relations Board (PERB).  The bill changes collective bargaining law from the current “limited scope” negotiations to “open scope” negotiations.  Open scope negotiations are currently allowed in 27 of the 34 states where public employee collective bargaining is allowed.  If enacted, Iowa will become the 28th state.  The bill also outlines the process for addressing grievances relating to discipline and discharge of teachers.

PERB is a neutral agency administered by a three-member board, and it work to resolve public employee disputes before the disagreement goes to binding arbitration, which is more costly. Currently there are more than 1,161 certified bargaining units in Iowa's public sector.   Some of the changes in HF 2645 are technical in nature, including typos, which have been in existence in Chapter 20 since it was passed in 1975.  [3/24: 27-23 (Republicans and Heckroth, Rielly, and Wood “no”)]

 

FLOOR ACTION:

 

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. 

The bill returned to the Senate after the House amended the bill to allow personnel elevators on construction sites to be covered under the elevator safety board.  Construction personnel elevators and material hoists are currently covered under OSHA regulations.  These construction elevators and hoists would continue to be covered by OSHA regulations.  [3/25: 49-0]

 

COMMITTEE ACTION:

 

HF 2589 establishes a fine of not less than $35 for companies that fail to file unemployment tax reports in a timely manner.  The current penalty system has increasing penalties based on the number of violations. This bill creates a single penalty.  The bill also allows a company to be assessed a penalty of $30 in cases when a company payment is returned for insufficient funds.  This allows the department to recoup the costs associated with transaction. The bill also allows the department to assess the costs of issuing a subpoena to the employer.  This occurs when an employer has been issued a subpoena for information in an investigation into employer liability for benefits.  Currently, out of 246 subpoenas issued yearly, nearly 45 percent are ignored because of the lack of a penalty to the employer for not responding to the subpoena. 

The Senate Labor and Business Relations committee passed a similar version of this bill earlier (SF 2220).  The Senate File had been assigned to Ways and Means, so the similar bills could not be attached on the calendar, as would normally have happened with companion legislation.  [3/25: 7-4 (Behn, Hahn, Kettering, and Ward “no”)]

 

 

 

 

 

STAFF CONTACT:    Jace Mikels

 

SF 2328 – Deer depredation management program

SF 2386 – Energy efficiency planning and reporting

 

FLOOR ACTION:

 

SF 2328 makes changes to the deer depredation management program, which is a Department of Natural Resources (DNR) program that can be used by farmers and others who suffer crop and nursery damage.  The bill adds horticultural products and trees to the list of items that can be counted to assess whether the $1,000 threshold of damage has been met.  It also outlines which groups shall be included on the Farmer Advisory Committee, which assists the DNR with the implementation of the program.  The bill establishes the guidelines of the depredation program, and provides for the issuance of deer depredation licenses and shooting permits, and states that the DNR shall not require a farmer to erect a fence as a condition of participating in the program.  The shooting permits would allow the landowner a method to control the deer population on his property outside of the normal deer hunting seasons.  The DNR shall establish an educational and outreach programs to raise awareness of the depredation program.  The bill also establishes a deer study committee to study the best way to maintain a sustainable and socially acceptable deer population.  [3/21: 43-0]

 

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.  [3/21: 42-1 (Behn “no”)]

 

 

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 2299 – International Trade and Globalization Advisory Council  

HF 2367 – Absentee ballot reporting by precincts

HF 2390 – Technical clean-up of plumbing licensure

HF 2620 – Secretary of State’s elections, voter registration omnibus

HF 2646 – Licensure of fire protection system installers  

 

FLOOR ACTION:

           

            SF 2299 creates an advisory council on international trade and globalization, and provides for the appointment of state officials and public members to serve on the council. It also directs the council to hold public hearings, and requires the council to assess and monitor developments in trade and globalization, and report annually to the Governor and the General Assembly.  [3/21:  43-0]

 

COMMITTEE ACTION

 

            HF 2367 requires the Absentee Ballot and Voters Precinct Board to record a separate tally of absentee ballots by resident precinct for general elections, and requires the tally to be available for public inspection. Currently, counties have the option of maintaining absentee ballots with or without the resident precinct identified. Some counties currently meet the requirements of this proposal. 

            The Committee discussed the fiscal impact of the proposal.  House File 2367 is estimated to cost the Secretary of State’s Office $31,000 for programming associated with the I-Voters System. Counties currently not using precinct identifiers on absentee ballots will experience an increase in costs associated with the set-up, printing, and testing of new ballot styles by resident precinct. Polk County estimates an increase of $60,000 in printing-related costs every two years for general elections. In addition, some counties will experience an increase in labor costs for the increased work associated with ballot testing procedures. Thirteen counties will incur a one-time expense totaling an estimated $4,500 (an average of $346 per county) for the purchase of memory cards used in programming additional precincts in the machines used in those counties.

            Subcommittee Chair Schmitz asked that the members vote in favor of moving the proposal out of committee so discussions could continue and the bill would remain eligible for possible floor debate. The bill passed the House 98-0.   [3/26: 9-4 party-line (McKibben, Zieman excused)]

 

            HF 2390 relates to licensing and regulation of plumbers and mechanical professionals.  It makes technical adjustments to legislation passed last year (HF 908) that established a license for persons who provide plumbing, heating, ventilation, and air conditioning (HVAC) services. The bill supersedes and preempts all licensing requirements of government subdivisions that relate to plumbing, HVAC, refrigeration, or hydronic services.  The bill established a licensing board to test, license, and discipline persons licensed under the bill, as part of the Iowa Department of Public Health (DPH), which is required to provide staff support for board operations.  Licenses come in three categories and vary according to experience:  apprentice, journeyperson, and master.  Master licensees must present proof of liability insurance as a condition of licensure.              

            HF 2390 states that examinations for the licenses will be conducted at least twice a year at times and locations set by DPH in consultation with the Board. DPH will provide a certificate and a wallet-size identification card to each licensee.   Applicants who fail to pass an examination may retake it at a future scheduled time.  Any subsequent opportunities for retakes are at the Board’s discretion. The Board must establish a reinstatement process for a licensee who allows a license to lapse for a period greater than one month, including reasonable penalties.

            The Board will adopt rules for a specific plumbing examination and a specific mechanical examination for each license type, to be used for all plumbing and mechanical license examinations throughout the state. An applicant who has failed an examination may request information about the subject areas which the applicant failed to answer correctly, but will not have access to actual test questions and answers.

            Sen. Black offered an amendment (.301) to exempt employees of Aquila Energy who currently service appliance repairs (e.g., furnaces, washing machines, clothes dryers) as stipulated in Aquila’s contract.   He said Aquila provides natural gas service to many smaller communities and rural areas in Iowa, and customers depend on the appliance service division.  Sen. Danielson noted that the bill includes an exemption for those employees of a rate-regulated gas or electric utility who have at least five years of experience, adding that having a blanket exemption for these employees is not in the best interest of public safety or fair competition.  The amendment was defeated on a 5-8 vote.

            The bill passed the House 97-0. [3/26: 9-4 party-line (McKibben, Zieman excused)]

 

            HF 2620 is a recommendation by the Secretary of State regarding elections and voter registration. It provides that school district elections be held in September of odd-numbered years, with  4-year staggered terms starting in 2009;  changes AEA director terms  from 3 to 4 years;  allows any qualified registered voter to vote at a vote center in a school or city election  (includes regular city, regular school, and special elections, primaries, and run-offs); sets times when special county or city elections may be held;  requires a challenger of  a voter registration to  sign a form stating the reason for the challenge; and makes other  miscellaneous changes (e.g., strikes the  3-minute limit a voter has to vote, clarifies qualifications for hotel/motel tax voters).  The bill passed the House 79-21 and is a companion to SF 2312.    [3/26: 12-1 (Wood “nay;” McKibben, Zieman excused)]  

 

            HF 2646 creates statewide licensure of fire sprinkler installers and maintenance workers under new Iowa Code Chapter 100D.   All individuals performing fire sprinkler installations, maintenance, repairs, service and inspections will be under one statewide license effective August 1, 2009.

            The bill will prohibit an unlicensed person from installing fire protection systems or doing fire system maintenance. Exceptions to this include  an employee of a fire extinguishing system contractor working as an apprentice sprinkler fitter under the direct supervision of an on-site licensed fire sprinkler installer and  a person who installs or demolishes walls, ceilings, flooring, insulation, or associated materials or a person who demolished sprinkler pipe. Licensing requirements do not apply to a person employed full time as a custodian for a school corporation, hospital or public facility, who performs fire sprinkler maintenance work involving no more than one sprinkler head or nozzle.

            A licensed fire sprinkler installer and maintenance worker must be present at all locations and at all times when fire protection system installation work is being performed.  At least one licensed fire sprinkler installer and maintenance worker must be present for every three apprentice sprinkler fitters.

            Licenses are not transferable and will be issued for a two-year period, renewable as established by the State Fire Marshal.  A person applying for initial licensure is required to have a national criminal history check through the Federal Bureau of Investigation.   The applicant must provide fingerprints to the Department of Public Safety.  Fees for the criminal history check are to be paid by the applicant.  The results are considered confidential. 

            As of August 1, 2009, a governmental subdivision cannot issue a license to a person installing a fire protection system and cannot prohibit a person, who holds a statewide license, from installing fire protection systems in the governmental subdivision, or enforce any licensing provision promulgated by the governmental subdivision against a person licensed under this chapter. A governmental subdivision that administers an inspection program for the installation of a fire protection system on July 31, 2009, may continue the inspection program only.

            The State Fire Marshal is required to issue a license to an applicant who has five years of experience as an apprentice sprinkler fitter and had completed a U.S. Department of Labor apprenticeship program and is employed by a fire extinguishing system contractor, who either receives a passing score on the national inspection, testing, and certification star fire sprinkler mastery exam or on an equivalent exam from a nationally recognized third-party testing agency, or who is certified at level one by the National Institute for Certification in Engineering Technologies. 

            The State Fire Marshal will set the license fees by rule based upon the actual costs of licensing. All fees assessed will be retained by the Division of State Fire Marshal to offset the administrative costs. Fees collected will not revert at the end of a fiscal year.

A civil penalty of up to $500 may be imposed on a person who violates any provision of this chapter for each day a violation continues. 

            An applicant for licensure who has five years experience as an apprentice sprinkler fitter and who has not passed the exam by August 1, 2009, will be issued a temporary license for 60 days, if they can show satisfactory evidence demonstrating experience and competency in fire protection system applications.   A temporary license cannot be renewed. An applicant who has been issued a temporary license must pass the exam or achieve certification by February 1, 2010.  Temporary licenses will not be issued after February 1, 2010.

            Reciprocity provisions allow the State Fire Marshal to issue a license without exam to a resident of another state if the worker has been licensed by the other state for at least three years.  Reciprocity will apply only if the other state recognizes Iowa licenses. 

            The bill passed the House 98-0. [3/26: short form]

 

 

 

 

 

 

STAFF CONTACT:    Kerry Wright

 

HF 2407 – Vehicles equipped for the disabled/wheelchairs registration

 

COMMITTEE ACTION

           

HF 2452 establishes definitions for “replica vehicle” and “street rod” and requires the Iowa Department of Transportation (DOT) to physically inspect all street rods and replica vehicles upon application for a title. A title fee of $10 is required to the county treasurer, along with a statement from the DOT authorizing the motor vehicle to be titled and registered in Iowa. The owner must certify in writing the vehicle is in compliance.  A violation of the new Code section is guilty of a simple misdemeanor with a fine of $30. [3/25: short form]

 

 

 

 

 

STAFF CONTACT:    Julie T. Simon

 

SF 2134 – County Commissions of Veterans Affairs’ requirements, duties

SF 2283 – Eligibility criteria for Gold Star license plates  

SF 2352 – Definition of “veteran”

HF 2283 – Vietnam Veterans Bonus residency requirement modification

 

FLOOR ACTION

 

            SF 2134 is an Iowa Department of Veterans Affairs (IDVA) proposa