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Week 13 –
Committee Reports NATURAL
RESOURCES & ENVIRONMENT STAFF CONTACT: Theresa Kehoe HF
2529 – Health Care Reform HF
2647 – Judicial Branch FY09 SSB
3295 – Healthy Iowans Tobacco Trust (HITT) FLOOR ACTION HF 2539, as amended by the Senate, is based on the Health Care Commission’s recommendations. It does not require all families to have health insurance for their children by January 1, 2011. Instead, it directs the Department of Human Services to maximize enrollment through various strategies as appropriate. It will subsidize families up to 300 percent of the federal poverty level who can’t afford coverage by expanding the Medicaid and hawk-i programs. It requires a plan be submitted to the Legislature by December 15, 2008. This is the three-year funding commitment that ensures access to affordable health care coverage for all children:
In addition, the bill directs the Iowa Comprehensive Health Insurance Association to provide access to unsubsidized, affordable, qualified health care coverage for children, adults and families with family incomes between 300 and 400 percent of the federal poverty level by developing the Iowa Choice Health Care Coverage program. The bill institutes health insurance reforms that assure the availability of private health insurance coverage for Iowans by addressing issues involving guaranteed availability and issuance to applicants, pre-existing condition exclusions, portability, and allowable or required pooling and rating classifications. The bill 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. [4/7: 42-6, (McKibben, Putney absent)] COMMITTEE ACTION SF 2417 appropriates $35.4 million from the Healthy Iowans Tobacco Trust for various health-related appropriations. This is a decrease of $35 million compared to FY08. Highlights and major changes from the FY08 budget include:
HF 2647 appropriates $148.2 million from the General Fund to the Judicial Branch. This is a decrease of $200,000 from FY08. HF 2647 also appropriates $2.5 million from the Jury and Witness Fee Revolving Fund and $1.7 million from the Court Technology and Modernization Fund to the Judicial Retirement Fund. Other highlights include: · Prohibits the Judicial Branch from duplicating the State payroll system. · Requires the Judicial Branch to provide a semi-annual report to the LSA specifying the amount of fines, surcharges, and court costs collected using the Iowa Court Information System (ICIS). · Requires the Judicial Branch to report to the General Assembly by January 1, 2009, regarding the revenues and expenditures for the Enhanced Court Collections Fund and the Court Technology and Modernization Fund. · The State’s contribution to the Judicial Retirement Fund is increased. [4/9: 15-10] STAFF CONTACT: Julie T. Simon SF
2308 – Notification of breach of security
SF
2349 – Pre-need sale of cemetery, funeral merchandise, services HF
2653 – Foreclosure consultants, reconveyances
SF
2308 provides for the notification of a breach in the security of personal information. This applies to retailers who conduct b The Ho
SF 2349 relates to the sale of pre-need cemetery and funeral merchandise and funeral services that are furnished more than 120 days after the initial payment. The bill incorporates recommendations by the Attorney General and the Iowa Insurance Division to strengthen last year’s legislation. Amendments adopted (on voice votes) on the floor streamlined some “red tape” paperwork requirements and refined some of the most important consumer protection provisions. The seller of a pre-arranged funeral
agreement m Customers who do not receive this report
can ask for assistance by calling or writing the Iowa Insurance Division or
the financial institution. Specific contact information including addresses
and telephone numbers will be given to the c HF 2643 regulates foreclosure consultants and prohibits them from accepting compensation until all services are performed; charging more than an annual 8 percent of the amount of any loan made to the homeowner; accepting third-party payment in connection with services, unless disclosed to the homeowner; inducing an owner to enter into a contract not in compliance with the requirements of this new law; and trying to prohibit the borrower from contacting any lender, servicer, government entity, or any other person helping the consumer. The bill also addresses reconveyances (transfer of title by the homeowner and the
later transfer back to that homeowner after completion of foreclosure
proceedings) and the private right to sue. All remedies under STAFF CONTACT: Sue Monahan SF
2325—Physical Infrastructure
Assistance Program (PIAP) Changes HF
2558—Iowa Department of Economic Development Confidential Information FLOOR ACTION: SF
2325 allows the Iowa Department of Economic Development (IDED) to
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 $5 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 that clarify certain programs that IDED administers
with HF 2558 requires the Economic Development Department to establish guidelines, procedures and policies for awarding financial assistance. In developing these policies, the Department is to give consideration to the confidentiality of certain information disclosed during the financial assistance application process and the contract administration process. An applicant that wants information kept confidential has to provide the Department sufficient explanation about why the public disclosure of such details would give an unfair advantage to competitors. [4/9: 42-7, “Behn, Hahn, McKibben, McKinley, Noble, Wieck, and Zieman “no”] STAFF CONTACT: Bridget Godes HF 2103 – Appointments to College
Student Aid Commission HF 2164 – District diversity plans FLOOR 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-officio 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. [4/9: 30-17 (party-line, Hartsuch, Houser, Lundby—excused)] HF
2164 is a response to a recent U.S. Supreme Court ruling that race cannot
be the sole determining factor on decisions related to maintaining student
ratios. The bill is drafted in response to a recent U.S. Supreme Court decision (Parents Involved in Community Schools v. STAFF CONTACT: Bridget Godes SF
2404 – Grants FLOOR ACTION: SF 2404 is a bill that moves state agency grant reporting and tracking requirements from Campaign Disclosure to the Department of Management, which has a database already set up to manage grant data and provide details on any variety of grant information. [4/9: 46-0 (Hartsuch, Houser, Johnson, Lundby—“excused”] STAFF CONTACT: Kris Bell SF
2161 – Council on Homelessness SF
2251 – Children’s Eye Examinations 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. The House amendment added study responsibilities. [4/8: 47-0 (Hartsuch, Houser, Lundby excused)] SF 2251 encourages eye examinations and directs the Department of Education to send out information cards. The student vision card must be approved by the Department of Education. Also, the Department of Education will be responsible for holding the cards after they are filled out by the eye doctor. School districts may encourage a student to receive an eye exam prior to the student receiving special education services. The exam is not a requirement for special education services. The parent/guardian is responsible for the student obtaining an eye exam. [4/9: 49-0 (Hartsuch excused)] STAFF CONTACT: Cathy Engel SF
2212 – Termination of Parental Rights SF
2281 – Employment Discrimination HF 2338 – Notice to an Age Appropriate Child of Right to Attend CINA Proceeding 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 involuntarily terminated by the
court of another state. Currently, SF
2281 prohibits an employer from discriminating against an employee who
must leave work to testify at a Chapter 236 (civil protective orders)
hearing. Specifically, if an employee
is a plaintiff, defendant or a witness in a domestic abuse protective order
hearing, the employee cannot be fired or suffer other retribution because the
employee leaves work to be a witness at the hearing. Current HF
2338 instructs that if a child who is the subject of a CINA (Child in
Need of Assistance) 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. [4/9: 48-0, Hartsuch and Putney excused] STAFF CONTACT: Jace Mikels HF 2542
– Workers’ compensation claims for out-of-state injuries HF 2568
– Workers’ compensation shift differential FLOOR ACTION: HF
2542 clarifies the situations in which an Iowa employee injured outside
of Iowa, but working for an Iowa company, is entitled to workers’
compensation benefits as provided by Iowa law, and provides that benefits
paid from an out-of-state claim shall constitute weekly compensation in Iowa
as it relates to the statute of limitations for action regarding the
settlement of a workers’ compensation claim.
Currently, employees and employers have three years from the last
payment of benefits to challenge the award.
By classifying out-of-state benefits the same as weekly compensation
benefits in HF 2568 adds shift differential pay to the base wages used to compute workers’ compensation benefit payments. Current law bases the employee’s wages on their base pay, not including overtime or premium pay. The bill changes current law to clarify that if an employee collects extra pay for working a certain shift, that shift differential pay should be considered part of the employee’s base wages. The bill also contains a provision that lowers the amount an inmate at a state correctional institution could collect in workers’ compensation benefits for an injury sustained while performing work while incarcerated. Under current law, it is possible for an inmate to be compensated at a higher rate than an entry level correctional officer for an injury that results in the same disability rating. [4/3: 49-0] STAFF CONTACT: Jace Mikels HF
2570 – Designation of environment management systems FLOOR ACTION: HF 2570 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. The bill also creates a comprehensive recycling task force to make recommendations for a comprehensive statewide recycling program, including bottle bill discussion. [4/8: 49-0] SF
2406 – Appointments to statutory boards and commissions COMMITTEE ACTION: SF 2406 is a Code update and clarification for appointment of members of the General Assembly to statutory boards and commissions. This bill eliminates boards that are no longer statutorily required. Legislative appointment will be for two years and will run from the start of one General Assembly to the start of the next General Assembly. Currently, terms are of varying lengths with different start and end dates. Leaders must complete their appointments by the fourth Monday in January of the first session of the General Assembly. The Legislative Services Agency is responsible for notifying all appointees, as well as the affected boards and commissions, of the appointments. Additionally, LSA will maintain an up-to-date listing of all legislative appointments. The bill also standardizes language, unless otherwise specified, that legislative appointees will always be eligible for travel, per diem and expenses. Also, current law will be changed to allow appointments by legislative leaders to be made separately by each respective leader. For a handful of boards and commissions, legislative membership will be increased from two to four members, one representative from each caucus. [4/8: short form] STAFF CONTACT: Julie T. Simon SF
2361 – State Purchase of designated bio-based products HF
2212 – Smoke-free Air Act HF
2620 – Secretary of State’s elections, voter registration omnib FLOOR ACTION 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 m The bill is similar to provisions
applicable to bio-based hydraulic fluids, greases and other ind 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 that 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 ind This applies to state charter agencies that have procurement authority independent of the DAS. The Senate concurred in the Ho HF
2212 bans smoking in most public places in Smoking will be allowed in gaming areas
and wagering floors of state-licensed casinos, but not in the bars,
restaurants and other areas of those facilities. Other exemptions include private vehicles and residences, unless Individuals who do not comply may be fined up to $25. Owners, managers and facility operators can be fined up to $100 for the first violation; $200 for the second violation; and $500 for each additional violation within a one-year span. The Iowa Department of Public Health or its designees will be in charge of regulation and enforcement. The Conference Report was adopted on a
26-24 vote. [Party-line except Lundby voting “yes” and Black, Hancock,
Heckroth and Kreiman voting “no.”] The
Ho 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 Area Education Agency
(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 miscellaneo The bill adj Counties can hold special elections on these dates: 1. November General Election - even-numbered years 2. 3. First Tuesday in March 4. First Tuesday in May 5. First Tuesday in Aug 6. On the date of any special election held to fill a vacancy in the county. Cities can hold special elections on these dates: 1. November General Election - even-numbered years 2. 3. First Tuesday in March 4. First Tuesday in May 5. First Tuesday in Aug 6. On any date that a special election is being held to fill a vacancy in the same city. School Board and Merged Area elections may be held:
In odd-numbered years: 1. First Tuesday in February 2. First Tuesday in April 3. Last Tuesday in June 4.
In even-numbered years 1. First Tuesday in February 2. First Tuesday in April 3. Second Tuesday in September 4. First Tuesday in December The Secretary of State made this recommendation after seeing broad public support for limiting the number of elections, including holding school elections every other year. Most other states hold school elections every other year and board members are elected to staggered four-year terms. Cities, counties and the Iowa Legislature already elect members in this manner. A survey of county auditors has shown that close to $1 million is spent statewide each year to hold school elections. The costs of school elections would be cut in half by holding them every other year. Limiting the number of special elections
would also save tax dollars. In
2006-07, for example, 313 special elections were held in STAFF CONTACT: Kerry Wright HF 2651 – Policies
for administration FLOOR ACTION HF 2651 is the annual bill for policies for the administration of highways and the regulation of motor vehicles, bid thresholds for emergency repairs, collegiate registration plates, benefited secondary road districts, and other matters. [3/3/2008: 47-0, McKibben, Houser, Angelo absent] STAFF CONTACT: Julie T. Simon SF 2124 – Veterans
Tr SF 2354 – Home
ownership assistance program FLOOR ACTION SF 2124 modifies what expenses may be paid from money in the
Veterans Tr The Ho It creates an a
voluntary Iowa income tax check-off of $1 or more for the Child Ab The Ho SF 2354 makes adj It also provides that an STAFF CONTACT: Kris Bell SF 595 – Regional Fire Districts SF 2389 – TIME 21 SF 2405 – Wind Energy SF 2409 – Earned Income Tax Credits Awareness SF 2410 – Speculative Shell Buildings SSB 3286 – Wage and Hour Issues SSB 3287 – SSB 3298 – Speculative Shall Buildings SSB 3299 – Earned Income Tax Credits Awareness HF 2589 – Unemployment insurance tax penalties
FLOOR ACTION: SF 2405 allows wind energy projects for which energy is produced for on-site consumption by a qualified facility to be eligible for wind energy tax credits established under Iowa Code chapter 476B, and allows wind energy tax credits issued under 476B to be refundable tax credits. The bill also allows the projects to be financed in a manner that a state bank may be a major equity investor in the project. [4/8: 50-0] SF 2409 directs the Department of Human Services to provide materials and publications related to the Earned Income Tax Credit to certain households. The also requires the Child Support Recovery Unit to assist obligors of child support and medical support to maximize their tax refunds by publicizing the services of volunteer or free income tax assistance programs. [4/3: 49-0 (Houser excused)] SF 2410 amends Iowa Code chapter 427. Current law provides a property tax exemption for construction, reconstruction, or renovation of a building as a speculative shell building. The exemption begins in the assessment year that the speculative building is first assessed for taxation or the assessment year in which the reconstruction or renovation first adds value. The bill provides that the exemption may begin in the assessment year in which the reconstruction or renovation commences if it involves completely replacing or refitting an existing building or structure and the city council or county board of supervisor gives prior approval of the exemption. The bill takes effect upon enactment and applies retroactively to January 1, 2007. [4/3: 49-0 (Houser excused)] COMMITTEE ACTION: SF 595 allows regions in the state to participate in a pilot program for emergency response districts and provides for a district tax levy. The bill sets up governance and reporting requirements. [4/8: short form] SF 2389 allocates funds to the “Transportation Moves the Economy in the Twenty-First Century” (TIME-21) fund from new revenues generated from increases in pick-up truck registration fees, trailer registration fees and title fees. It generates approximately $130 million by the year 2012 and does not include an increase in the gasoline tax. [4/9: Short form] SSB 3286 relates to wage and hour law enforcement and the classification of employees and subcontractors by construction contractors. The bill strengthens by increasing penalties for employers who do not pay wages as required by law. The bill also makes changes to provide for better enforcement to prevent the misclassification of employees as subcontractors in the construction industry. By misclassifying employees as subcontractors, employers avoid paying workers’ compensation and unemployment and payroll taxes that they are required to pay for their own employees. [4/8: 9-7 (Angelo, Houser, McKibbin, Noble, Putney, Ward, Zieman “no”; Hogg “present”)] SSB 3287 authorizes special charter cities of 75,000 or more in population to impose a 1 percent local sales and services tax on the same basis as the state sales tax or in the case of the use of natural gas, natural gas service, electricity, or electricity service on the same basis as the state use tax. [4/9: 10-7 (McKinley, Angelo, Houser, Noble, Putney, Ward and Zieman “no”)] SSB 3298 amends Iowa Code chapter 427. Current law provides a property tax exemption for construction, reconstruction, or renovation of a building as a speculative shell building. The exemption begins in the assessment year that the speculative building is first assessed for taxation or the assessment year in which the reconstruction or renovation first adds value. The bill provides that the exemption may begin in the assessment year in which the reconstruction or renovation commences if it involves completely replacing or refitting an existing building or structure and the city council or county board of supervisor gives prior approval of the exemption. The bill takes effect upon enactment and applies retroactively to January 1, 2007. [4/9: short form] SSB 3299 directs the Department of Human Services to provide materials and publications related to the Earned Income Tax Credit to certain households. The also requires the Child Support Recovery Unit to assist obligors of child support and medical support to maximize their tax refunds by publicizing the services of volunteer or free income tax assistance programs. [4/9: short form] 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. [4/8: 10-7 (Angelo, Houser, McKibbin, Noble, Putney Ward, Zieman “no”)] |