Iowa House of Representatives Statehouse News
By Mary Mascher
Governor Signs Smoke Free Act
TIME-21 Road Proposal Passes House and Senate
Education Budget Passes House
More Iowans Eligible for State Disaster Aid
For additional information, check our web site at: www.iowahouse.org
House Democratic Research Staff
State Capitol Building
Des Moines IA 50319
515-281-6312
Governor Signs Smoke Free Act
Governor Chet Culver signed the Smoke Free Air Act this week, stating “my goal is to make Iowa the healthiest state in the nation, which is why I am proud to sign the Smoke Free Air Act.” House File 2212 takes effect on July 1, 2008.
The law applies to profit or nonprofit workplaces and public places. Places not covered may voluntarily be declared a nonsmoking place. A public place is defined as an enclosed area, where the public is invited or permitted, including restaurants, bars, re-tail stores, public buildings, schools, daycare providers, and health care providers.
TIME-21 Road Proposal Passes House and Senate
The House and Senate approved funding proposals to address the recommendations of the TIME-21 interim commit-tee on how to cover the shortfall in road and bridge repair and construction funding. TIME-21 was the short name of a study done by the Iowa Department of Transportation. Officially, it is the Transportation Investment Moves the Economy in the Twenty-first century report.
In 2007, the Legislature created a TIME-21 fund but did not allocate any funding for the fund. Instead, the interim committee was established to recommend ways to provide the additional $200 million needed annually. To address this shortfall, the House and Senate decided to raise additional road money through registration fee adjustments for cars and multipurpose vehicles, truck registrations, special truck registrations, trailer registrations, and title fees. This should bring in about $138 million per year by 2012.
The new fees in the bill will not go into effect until January 1, 2009. In addition, Senate File 2420 in-cludes extensive grand-fathering of any new or increased fee. Gener-ally, owners will not have to pay more than what they paid in a previous year, and many of the increases will only affect Iowan's when they purchase a new vehicle or trailer.
Education Budget Passes House
The education budget bill passed the House this week on a party-line vote. House File 2679 appropriates a total of $1.14 billion for many education re-lated purposes. Education funding goes to several departments including the Department for the Blind, College Aid Commission, the Department of Education, and the Board of Re-gents and its institutions.
Many of Iowans’ priori-ties for education are included in this budget:
• Keeping the best and brightest teachers in the state of Iowa by paying them competitive wages.
• Increasing money for work study programs to help students pay for college.
• Keeping tuition at community colleges and regent universities to the rate of inflation so parents can afford to send their children to college.
• Providing opportunities for before and after school programs or remedial assistance for K-12 students.
• Requiring rigor and relevance in Iowa’s schools to provide Iowa students competitive advantages in the global economy and workforce
The bill will now move to the Senate for consideration.
More Iowans Eligible for State Disaster Aid
Starting July 1st, more Iowans will receive state assistance to re-place property damaged by a storm. Governor Culver signed into law House File 2564, which expands the eligibility requirements and reimbursable amounts for the state’s individual disaster aid assistance program. The grants are provided to low-income Iowans to reimburse the costs of repairs of storm-damaged property, home repair, temporary housing, and food. Up to $1 million a year is authorized for this disaster aid program.
House File 2564 in-creases eligibility from an annual income of 130% of the federal poverty level to 200% of the federal poverty level. This means individuals with an in-come of up to $20,800, or a family of four with an income of up to $42,400, will now be eligible for state assistance. The bill also increases the maximum grant award from $3,319 to $5,000, with uninsured structure repair allowable up to the maximum of $5,000.
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Friday, April 18
Iowa House of Representatives Statehouse News
by
Sam Garchik
on Fri 18 Apr 2008 09:55 AM CDT
Friday, April 11
Iowa House of Representatives Statehouse News
by
Sam Garchik
on Fri 11 Apr 2008 10:43 PM CDT
Iowa House of Representatives Statehouse News
By Mary Mascher SMOKE FREE AIR ACT TO BECOME LAW After a compromise was reached by the House and Senate, the Smoke Free Air Act was quickly passed by the House on a 54-45 vote, and the Senate on a 28-22 vote. The Governor is expected to sign the bill next week, and it will take effect on July 1, 2008. House File 2212 applies to profit or nonprofit workplaces and public places. Places not covered may voluntarily be declared a nonsmoking place. A public place is defined as an enclosed area where the public is invited or permitted, including restaurants, bars, retail stores, public buildings, schools, daycare providers, and health care providers. Exceptions to Ban: • Private residences (unless used for child care). • Private long-term-care rooms. • Hotels and motels, but only in designated nonsmoking rooms. • Stores primarily selling tobacco products. • Private clubs with no employees when not used by the public. • Private limos, employer owned vehicles provided exclusively to one employee, and farm vehicles. • State and county fair grounds. • National Guard facilities. • Designated areas in prisons. • The Iowa Veterans Home. • The gaming floors only of casinos. SALES TAX FOR SCHOOLS PASSES Legislation making the current one cent local option sales tax for schools a statewide sales tax passed the Iowa House this week. House File 2663 is also called the School Infrastructure Local Option (SILO) tax bill. House File 2663 replaces the current local option sales tax that a school district can impose for school infrastructure and replaces it with a permanent statewide one cent tax. All the sales tax money will go into one “pot.” It will be distributed out to school districts on a per pupil basis. The amount distributed in the first year, fiscal year 2009, is estimated to be $372 million to school districts. Another $28 million would be used for property tax relief and distributed out of the property tax equity and relief fund next year. The bill does not increase the use tax on motor vehicles, as did previous versions of the SILO bill. Under those bills, a portion of the funds would have gone to the road use tax fund. The bill now moves to Senate Ways and Means Committee for consideration. REAP FUNDED AT $16 MILLION Iowa’s Resource Enhancement and Protection (REAP) program will receive $16 million next year under House File 2662, which is an increase of $500,000. This is the highest amount of funding since 1991. Since last year, the majority party has increased funding for this very important and popular environmental and recreation program by $5 million. REAP, which needs $20 million to be fully funded, provides moneys for projects that enhance our natural, cultural, and recreational resources including environmental education, soil and water enhancement, parks, trails, museums, and roadside beautification. This funding was part of a larger budget bill that funds the Department of Agriculture and Land Stewardship (DALS) and the Department of Natural Resources (DNR). This is the first step in determining the operations budget for these agencies for the next state fiscal year starting July 1, 2008. The bill now goes to the Senate for consideration. STUDENT DEBT BILL PASSES OVERSIGHT The Government Oversight Committee passed legislation this week addressing student loans by private lenders and the relationship to educational institutions. Iowa college students have the second highest student debt rate. The bill will provide better protection and guidance to Iowa students and their families. House Study Bill 788 will provide students with more clear guidance when choosing their student loan provider. The bill will require disclosure by financial loan offices of all financial choices including private, state and federal loans. The bill will also create a student lending education fund, under control of the Iowa Attorney General. The goal is to utilize those dollars to educate students about the loan process and to reimburse borrowers who received certain inflated loan prices. EYE EXAMINATIONS FOR CHILDREN REQUIRED This week, Senate File 2251 passed the Iowa House and the Iowa Senate. The goal of the bill is to have every child receive an eye examination by age seven. Children need healthy eyes and normal vision development to be able to learn. Studies show that nearly 25% of all school-age children have vision programs and approximately 80% of all learning during a child’s first 12 years comes through vision. Vision screenings vary in scope and are designed to detect potential problems but are not eye examinations. As a result, they encourage parents to have their children receive an eye examination. The bill requires that a parent or guardian who registers a child for kindergarten or preschool be given a vision card provided by the Iowa Optometric Association and approved by the Iowa Department of Education. Senate File 2251 now goes to the Governor for his signature. If enacted, the bill will apply to school years beginning July 1, 2009. Friday, April 4
Iowa House of Representatives Statehouse News
by
Sam Garchik
on Fri 04 Apr 2008 05:30 PM CDT
Iowa House of Representatives Statehouse News
By Mary Mascher Two Identity Theft Bills Pass House Dependent Adult Abuse Investigations Governor Signs Bill Ensuring Integrity of Voting Council on Homelessness Passes House Child Restraint Requirements Two Identity Theft Bills Pass House The Iowa House unanimously passed two bills this week to protect Iowans from identity theft. Notice of Security Breach Senate File 2308 requires noti-fication of consumers if there is a security breach involving their computerized personal information. This applies to the entity that owns or licenses the information. If the breach occurs at another entity that maintains or otherwise possesses the information, that en-tity must notify the owner or licen-see. The owner or licensee must then notify consumers. Notice must include the date and description of the breach, type of data obtained, how to contact reporting agencies, and how to re-port suspected identity theft inci-dents to the Attorney General or to local law enforcement. The notice may be provided in writing or elec-tronically if a business usually communicates with the consumer by electronic means. If regular notice would cost over $250,000, the number of affected consumers exceeds 350,000, or the business lacks contact information, then substitute notice is allowed by: • Email when the business has the consumers’ email addresses. • Conspicuous posting of the notice or a link to the notice on the businesses internet web site. • Use of major statewide media. Senate File 2308 must return to the Senate for consideration of a House amendment making it a crime for a state or local public official or employee to sell pro-tected information to another per-son. The punishment would be up to five years in prison and a fine of from $750 to $7,500. Credit Security Freeze Senate File 2277 passed with-out amendment, so it will go to Governor Culver for his signature. The bill lets a consumer re-quest that credit reporting agencies freeze future release of their credit information. The request must be sent by certified mail, with proper identification and an application fee, if applicable. • The reporting agency must start the freeze within five business days after receiving the request. • Within 10 business days after starting the freeze, the reporting agency must send the consumer written confirmation and a personal ID number or password to use when authorizing suspension or removal of the freeze. The freeze remains in effect until the consumer requests that it be removed. The reporting agency must remove the freeze within three business days after receiving a request that includes proper iden-tification, ID number or password, and payment of the applicable fee. Temporary Suspension: The consumer may request a temporar-ily suspension of the freeze to al-low the reporting agency to release their credit report for a specific time period. This gives the con-sumer the ability to open new lines of credit. The reporting agency must comply within three business days after receipt of a written request, or 15 minutes after receipt of a request by phone during regular business hours or through facsimile, the internet, or other electronic means chosen by the reporting agency. Exemption from Fees: A re-porting agency cannot charge any fee to a consumer who is the victim of identity theft if, with the initial freeze request, the consumer sub-mits a valid copy of a police report of the unlawful use of identification information by another person. Dependent Adult Abuse Investigations This week, the Iowa Senate passed two bills that work to pro-tect Iowa’s elderly and allow for more access to investigative infor-mation. House File 2591 and House File 2609 both passed the Iowa Senate 49-0 and the Iowa House 100-0. House File 2591 clarifies many of the definitions relating to de-pendent adult abuse regarding what constitutes dependent adult abuse and, who is a dependent adult, and who can be charged with abuse. A dependent adult is a person eight-een years of age or older whose ability to perform the normal ac-tivities of daily living or to provide for the person's own care or protec-tion is impaired, either temporarily or permanently. Dependent adult abuse is a physical injury, a sexual offense, exploitation, or neglect as a result of the willful misconduct or gross negligence or reckless acts or omissions of a caretaker. Reporting Abuse A staff member or employee of a facility or program, who in the course of employment examines, attends, counsels, or treats a de-pendent adult in a facility or pro-gram is required to report abuse to the Iowa Department of Inspections and Appeals (DIA). The staff member or employee may immedi-ately notify the person in charge or the designated agent who must then notify DIA within 24 hours. An employee of a financial institution may report suspected financial ex-ploitation to the DIA. Any other person who suspects abuse may report to the DIA. A person participating in good faith in reporting or cooperating with or assisting DIA has immunity from liability, civil or criminal, based upon the act of making the report or giving the assistance. It is illegal for a person or employer to fire, suspend, or discipline a person required to report or voluntarily reporting an instance of suspected abuse, or cooperating with, or assisting DIA in evaluating a case. A mandatory reporter who fails to file a report, interferes with a filing, or applies a requirement that results in a failure to file is civilly liable for the dam-ages caused by the failure. The bill requires that DIA ob-tain and evaluate reports of de-pendent adult abuse in facilities and programs. The DIA is required to inform the Department of Human Services (DHS) of such evaluations and dispositions so DHS can list any abusers on the central registry for dependent adult abuse informa-tion. A report of dependent adult abuse which DIA determines to be minor, isolated, and unlikely to reoccur is to be collected and main-tained by DHS, as an assessment only, for a five-year period and will not be included in the registry, and will not be considered to be founded dependent adult abuse. The local DHS office is re-quired to inform the appropriate county attorney of any abuse re-ports. If necessary, a police report must be filed regarding the abuse report. Upon completion of the investigation, if in the best interest of the dependent adult, DIA must notify DHS of the potential need for a guardian or a conservator or for admission or commitment to an appropriate institution or facility. Notification of Rights If a police officer has reason to believe that abuse, which is criminal in nature, has occurred in a facility or pro-gram, the officer must use all rea-sonable means to prevent further abuse. This includes remaining on the scene, assisting the dependent adult in leaving, securing support services or emergency shelter ser-vices, assisting the dependent adult in obtaining medical treatment be-cause of the abuse, and providing the dependent adult with immediate and adequate notice of the person’s rights. Public Access Currently, the findings of fact in a monitoring evaluation or com-plaint investigation for elder group homes, assisted living facilities, or adult day services are not made public until the conclusion of all administrative appeals processes. House File 2609 amends cur-rent law stating that upon comple-tion of the informal review, the findings of fact in a monitoring evaluation or complaint investiga-tion for elder group homes, assisted living facilities, or adult day ser-vices, will be made public. This is already the case for nursing homes. Both bills will be sent to Gov-ernor Culver to sign into law. Governor Signs Bill Ensuring Integrity of Voting Governor Chet Culver signed into law Senate File 2347, a bill that will ensure the integrity of Iowa’s voting systems, on Tuesday, April 1. As enacted, the bill provides $4.6 million for optical scan voting systems in all counties in Iowa. An optical scan voting system is a sys-tem that uses a paper ballot. Twenty-one counties already use the optical scan voting systems, while 59 counties currently use both optical scan and touch-screen voting machines. Under Senate File 2347, counties will no longer use the touch screen voting ma-chines. The new law requires that for elections held on or after Novem-ber 4, 2008, counties must use an optical scan voting system. The requirements of the federal Help America Vote Act relating to dis-abled voters must be met by a county through the use of elec-tronic ballot marking devices that are compatible with an optical scan voting system. Touch-screen voting systems have been a concern to many indi-viduals and groups who felt that they do not provide an accurate voting record in the event of a recount. Secretary of State Michael Mauro worked with the Governor and legislators to ensure voters that one statewide voting system using a paper ballot will ensure that all votes cast in Iowa will count in the November 2008 general election. Council on Homelessness Passes House The House has passed Senate File 2161 that would permanently establish a Council on Homeless-ness. The council would have spe-cific tasks and report to the Gover-nor and Legislature on homeless issues. With the current housing crunch affecting the national econ-omy, supporters felt it is important to study why people become home-less in Iowa. The bill now goes back to the Senate for considera-tion. Governor Vilsack originally created the Council by Executive Order in 2003. Senate File 2161 would create the council under law. It would consist of twenty-six members of the public appointed to two-year staggered terms by the governor. Five of the members will be individuals who are home-less, or formerly homeless, or fam-ily members of homeless people. The Iowa State Association of Counties, the Iowa League of Cit-ies, along with twelve state agen-cies including the Iowa Finance Authority, Workforce Develop-ment, Department of Economic Development, Department of Pub-lic Health, and the Department of Veteran Affairs will be included. A vacancy on the board will be filled in the same manner as the original appointment. Homeless-ness and associated problems affect every constituency of these agen-cies. It also meets proper Housing and Urban Development require-ments. The council may establish other committees and subcommit-tees comprised of members of the council, but there are seven tasks assigned to the council including advising the Governor, state agen-cies and the Iowa Finance Author-ity on homeless issues. In addition, the council shall work to identify causes and effects of homelessness and increase awareness among policymakers and the public. The House amended the bill to include specific items for the coun-cil to study including housing is-sues for low-income seniors, per-sons with disabilities that would include mental illness, substance abuse disorders, and AIDS. They would also look at transportation issues to and from work for low and moderate income people, af-fordable rental housing and issues related to affordable financing for a house. Child Restraint Requirements The House Transporta-Transportation Committee passed Senate File 34, which requires anyone riding in a motor vehicle under 18 years of age to be secured in an approved child restraint system or a seat belt no matter where the child or teenage is seated in the car. If a child riding in a motor vehicle is not in a child restraint system or seat belt, the vehicle operator can be charged with a simple misdemeanor and subject to a fine of $25. An amendment to the bill ex-empts a vehicle operator from the penalties if the violation is due to a lack of installed seat belts in a car. A driver would not be found in violation of this law if only four out of five children were secured in a car because the car only had four seat belts installed. The bill now goes to the full House for consid-eration. Tuesday, April 1
Republican Senator Jim Inhofe is afraid of you
by
Sam Garchik
on Tue 01 Apr 2008 05:00 PM CDT
Republican Senator Jim Inhofe is afraid of you
By Charles Chamberlain, DFA Last Thursday, DFA members nationwide took action and raised over $21,000 for Andrew Rice and his campaign to unseat Republican extremist, Oklahoma Senator Jim Inhofe. Now, Sen. Inhofe is running scared. His campaign knows Sen. Inhofe will never win on the issues or by defending his extremist record and ridiculous statements. So instead, they attacked you, the so-called "far-left". Here is an excerpt from their fundraising message on Friday: Just yesterday, a group founded by Howard Dean called Democracy for America (DFA) sent a fundraising email to liberal activists nationwide calling my friend, Senator Jim Inhofe, a "Republican Extremist." I hope that, like me, you laughed at this kind of over-the-top language, especially since it comes from a group that thinks America isn't even a democracy. What's not funny is this far-left group's fundraising potential. They've timed their message just three days before the end of a critical quarter. With the help of DFA and many other liberal groups fundraising on his behalf, Senator Inhofe's likely opponent hopes to impress his liberal counterparts in Washington, New York, and San Francisco so he can attract even more out-of-state dollars. That's right, we've got them worried. Now, let's double your impact. Contribute $20.08 to Andrew Rice right now. www.actblue.com/page/supportandrew According to Sen. Inhofe's campaign, we're "pouring tens of thousands of dollars into [Oklahoma] so [we] can distort Senator Inhofe's record. Outrageous lies are being spread and partisan negative attacks are being launched" They go on and say they are worried that "liberal groups like Democracy for America may succeed in their efforts to demonize Senator Inhofe." They're afraid of the power of millions of voices calling for change. They are afraid that Andrew Rice will win and deliver real results for Oklahoma and America. Sen. Inhofe is afraid of you. Contribute $20.08 today and remind him why. www.actblue.com/page/supportandrew Working together, we will elect a progressive Congress. -Charles Charles Chamberlain Political Director P.S. If you missed Jim's endorsement message from Thursday, I have included it below so you can learn more about both candidates in this race and why it is so important that we elect Andrew Rice in November. Saturday, March 29
Iowa House of Representatives Statehouse News -- March 27, 2008
by
Sam Garchik
on Sat 29 Mar 2008 08:24 AM CDT
Iowa House of Representatives Statehouse News -- March 27, 2008
By Mary Mascher INSIDE THIS EDITION Iowa 9th in Personal Income Growth School Sales Tax Passes Committee Governor Signs Tax Exemption for Federal Rebates Core Curriculum Bill Before House Legislature Passes Collective Bargaining Bill Two Identity Theft Bills Pass House Committee Effort to Constitutionally Protect Natural Resources Bill requires Minority Impact Statements Require Kids 12 and Under to Wear Life jackets Bill Sets Elections and Lengths of Certain Terms New State Regulation of Foreclosure Consultants Environmental Management Systems Passes House Judiciary Committee Approves Military Custody Bill More Iowans Eligible for State Disaster Aid Transportation Policy Bill Passes House Bill Addresses Crop Damage Caused by Deer Should the Channel Catfish Be the State fish? Veterans Affairs to Control Commemorative Property Judiciary Expands Residency for Judicial Nominees Great Places Forums and Timeline Set *********************************************** IOWA 9th IN PERSONAL INCOME GROWTH According to a new study by the Bureau of Economic Analysis (BEA), Iowa per capita personal income growth outpaced the national per capita growth average of 5.2 percent. In 2007, Iowa total per capita income surpassed Ohio and Oregon, moving the state from 29th to 27th in the nation. In the rankings provided by the BEA, Louisiana showed the highest jump in personal income growth at 9.2%. Iowans' income increased to $35,023 in 2007 from $33,038 in 2006. Iowa ranked 9th in personal income growth at 6%. Arizona and Tennessee had the lowest growth at 3%. The study indicated that farm income was higher in Iowa. This is why Iowa's growth was ranked 9th. *********************************************** SCHOOL SALES TAX PASSES COMMITTEE House File 2663, formerly House File 2066, passed the House Ways and Means Committee with bi-partisan support last Thursday night. This legislation would make the current one cent local option sales tax for schools a statewide sales tax. All the sales tax money will go into one "pot." It will be distributed out to school districts on a per pupil basis. The amount distributed in the first year, fiscal year 2009, is estimated to be $372 million to school districts. Another $28 million would be used for property tax relief and distributed out of the property tax equity and relief fund in fiscal year 2009. The bill is now eligible for debate by the full House. *********************************************** GOVERNOR SIGNS TAX EXEMPTION FOR FEDERAL REBATES Governor Culver signed legislation to exempt federal rebate checks from Iowa income taxes, saving Iowans $67.5 million. For most, the federal rebate is equal to their 2007 tax liability, up to $600 ($1,200 joint returns). The minimum is $300 ($600 joint) and there is an extra $300 per child eligible for the Child Tax Credit. Those with little or no tax bill may qualify for the minimum $300 rebate ($600 joint), with at least $3,000 in qualifying income. Senator Harkin Gets Help For Iowans Senator Tom Harkin said the Internal Revenue Service (IRS) will open four locations this Saturday, March 29, to help Iowans who are eligible for a rebate but normally don't file an income tax return. This group includes many retirees, veterans and low-income workers. IRS offices that will be open from 9 am to 3 pm on Saturday, March 29th: Cedar Rapids - 425 Second St. SE Des Moines - 210 Walnut St. Sioux City - 3539 Southern Hills Drive Waterloo - 300 W. Third St. *********************************************** CORE CURRICULUM BILL BEFORE HOUSE Senate File 2216, the Iowa Model Core Curriculum bill, passed the House Education Committee this week. The bill would mandate a core curriculum for all accredited Iowa schools. Iowa is currently the only state that does not have any mandatory statewide measures or standards for curriculum and teaching. Senate File 2216 would achieve this, allowing Iowa to join the rest of the states to put measures in place. Senate File 2216 will require that all accredited public and accredited non-public schools adopt the model core curriculum. Right now, a model core curriculum exists but it is voluntary and schools do not have to adopt it. The Iowa Core Curriculum provides local school districts a guide to delivering instructional content that is challenging and meaningful to students. School districts have until 2010 to implement the Iowa Core Curriculum into all grades. The bill is now eligible for debate on the House floor. *********************************************** LEGISLATURE PASSES COLLECTIVE BARGAINING BILL House File 2645 expands the list of items that can be negotiated in the collective bargaining process for public employees. Currently, when contracts are negotiated between public employees and public employers, only certain subjects are required to be considered. Under the bill, public employees in a collective bargaining unit would now be allowed to discuss with management additional items. Iowa is one of seven states that have a "limited scope" for negotiations under collective bargaining. There are 34 states that allow bargaining for the terms and conditions of employment. This is called "open scope." There are nine states that do not allow collective bargaining at all. House File 2645 would allow open scope collective bargaining in Iowa. Currently the bill is being held by the Senate to give the Governor more time to consider the legislation. *********************************************** TWO IDENTITY THEFT BILLS PASS HOUSE COMMITTEE The House Commerce Committee passed two bills this week to protect Iowans from identify theft. The bills now go to the full House for consideration. Notice of Security Breach Senate File 2308 requires notification of consumers of a security breach involving personal information by the one who owns, maintains or otherwise has the information. Notice must include the date and description of the breach, type of data obtained, how to contact reporting agencies, and how to report suspected identity theft incidents to the Attorney General or local law enforcement. Senate File 2277 allows a consumer to request credit reporting agencies to freeze future release of their credit information. The request must be sent by certified mail, with proper identification and an application fee, if applicable. * The reporting agency must start the freeze within five business days after receiving the request. * Within 10 business days after starting the freeze, the reporting agency must send the consumer written confirmation and a personal ID number or password to use when authorizing suspension or removal of the freeze. The freeze remains in effect until the consumer requests that it be removed. The reporting agency must remove the freeze within three business days after receiving a request that includes proper identification, ID number or password, and payment of the applicable fee. *********************************************** EFFORT TO CONSTITUTIONALLY PROTECT NATURAL RESOURCES On a unanimous, bi-partisan vote, the House Natural Resources Committee adopted the resolution to add an amendment to Iowa's constitution to protect natural resources and outdoor recreation funding. The bill now goes to the full House for consideration. The Senate adopted the resolution last week. Senate Joint Resolution 2002 would have to pass the House this year, and pass the House and Senate again over the next two years, before it would go on the ballot for the general public to vote on. At the earliest, it would be on the November 2010 ballot. Senate Joint Resolution 2002 creates a natural resources and outdoor recreation trust fund for the purpose of protecting and enhancing water quality and natural areas in Iowa. This would include parks, trails, fish and wildlife habitat, and conserving agricultural soils. Moneys in this fund can only be used for these purposes. The intent is to credit 3/8th of 1¢ to the fund when the sales tax is increased, which would generate approximately $150 million. The Legislature is to establish the parameters for administration of the fund. *********************************************** BILL REQUIRES MINORITY IMPACT STATEMENTS House File 2393, which requires minority impact statements, passed the House 99-0 this week. The bill has two main parts regarding minority impact statements. Under current law, correctional impact statements must be attached to any bill, joint resolution, or amendment before debate in the Legislature. In addition, correctional impact statements are only required when a change in the law is proposed which creates a public offense; significantly changes an existing public offense or the penalty for an existing offense; or changes existing sentencing, parole, or probation procedures. House File 2393 adds the requirement that correctional impact statements must now include the impact of the legislation on minorities. Grant Applications Secondly, the bill requires that each application for a grant from a state agency must include a minority impact statement. For the purpose of the statements, minority is defined as individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans. In addition, grants from a state agency include grants from a department, board, bureau, commission, or other agency or authority of the State of Iowa. The bill will is now up for consideration by the Senate. *********************************************** REQUIRE KIDS 12 AND UNDER TO WEAR LIFE JACKETS To prevent kids from drowning from a boating accident, the House Natural Resources Committee adopted a bill that requires children 12 and under to wear their life jackets while boating. This law would mirror federal law. Current law requires that a life jacket for every person be in the boat, but they are not required to wear it. Iowa is one of only three states that currently do not require kids to wear their life jackets while boating. The National Transportation Safety Board has said the failure of wearing a life jacket can have fatal consequences. It is the leading cause of drowning fatalities. Senate File 203 requires the children to wear the life jacket only while the boat is moving. They also do not need to wear them in an enclosed cabin or below deck, or if they are a passenger on a commercial boat with a capacity of 25 people or more. A one-year warning period is provided so that if the bill is signed into law, officers can only issue warning citations for the first year. After that, there would be a $25 fine. Senate File 203 is now before the full House for consideration. *********************************************** BILL SETS ELECTIONS AND LENGTHENS CERTAIN TERMS Due to concerns that the number of special elections is increasing that, in turn, increases the costs to taxpayers, the Iowa House passed legislation to limit the number of special elections held in Iowa. House File 2620 received bipartisan support from the House on Monday, March 24, passing on a vote of 79 - 21. According to the Secretary of State's office, there have been 409 special elections in the state since January 2006. Polk County taxpayers alone have spent more than $1 million on elections since January 2006 - more than one-third has been spent on 16 special elections at a cost of $334,059. Linn County has held 12 special elections since 2006 costing taxpayers $106,602. As approved by the House, cities, counties and schools can hold special elections on four dates per year. This bill also changes the terms of elected school board members and directors of merged areas from three years to four years, responds to a lawsuit brought against the state by the Green and Libertarian parties dealing with voter registration, and makes changes relating to challenges to a person's qualifications when registering to vote. *********************************************** NEW REGULATION OF FORECLOSURE CONSULTANTS The House passed legislation designed to stop abuses involving mortgage foreclosure consultants. House File 2653 now goes to the Senate for its consideration. A foreclosure consultant is one who, for a fee, offers to help a homeowner avoid foreclosure. They are prohibited from: * Accepting compensation until all services are performed. * Charging more than an annual 8% of the amount of any loan made to the homeowner. * Taking a property lien, wage assignment, or other security to ensure payment by the homeowner. * Accepting third-party payment in connection with services, unless disclosed to the homeowner. * Acquiring interest in a home from an owner with whom the consultant contracted. * Accepting a power of attorney from an owner, except to inspect documents as provided by law. * Inducing an owner to enter into a contract not in compliance with the requirements of this bill. * Accepting payment for promising to negotiate a loan or modify a real estate contract without successfully doing so. * Trying to prohibit the borrower from contacting any lender, servicer, government entity, or any other person helping the consumer. All remedies under Iowa's Consumer Fraud Act are available to the homeowner either by a legal action filed by the Iowa Attorney General or by the homeowner for violations of the bill. If the court finds a violation occurred, it shall award the owner actual damages, equitable relief, and court costs and attorney fees. In addition, a violator commits a serious misdemeanor, punishable by a fine of from $315 to $1,875 and up to one year in prison. *********************************************** ENVIRONMENTAL MANAGEMENT SYSTEMS PASSES HOUSE House File 2570, which establishes the designation of Environmental Management Systems (EMS), passed the Iowa House 96-0 this week. The purpose of the bill is to encourage responsible environmental management and solid waste disposal and to enhance efforts to promote environmental stewardship. EMS Designation The EMS is defined as a solid waste planning area as designated by Iowa Code. This also includes a designated planning area that is providing multiple environmental services in addition to solid waste disposal and that is planning on the continuous improvement of solid waste management by appropriately and aggressively mitigating the environmental impacts of solid waste disposal. To qualify for designation as an EMS, a solid waste planning area must actively pursue all of the following: * Yard Waste Management * Hazardous Household Waste Collection * Water Quality Improvement * Greenhouse Gas Reduction * Recycling Services * Environmental Education House File 2570 also establishes the Comprehensive Recycling Planning Task Force. The purpose of the task force is to study and make recommendations for the planning and implementation of comprehensive statewide recycling programs, including an evaluation of the current beverage container control law, also known as the Bottle Bill. The bill now moves over to the Iowa Senate for consideration. *********************************************** JUDICIARY COMMITTEE APPROVES MILITARY CUSTODY BILL The House Judiciary Committee passed Senate File 2214 this week. The bill makes changes to modifications of child custody orders when the child's parent is serving in the active duty military. The bill provides that if an application for modification of a child custody order is filed while a parent is serving on active military duty , the court may only enter a temporary child custody order only if there is clear and convincing evidence that the change is in the best interest of the child. When the parent that was serving on active duty returns from service, the bill requires the court to reinstate the custody order that was in effect just before the parent was deployed. Finally, the bill provides that if an application for modification of child custody is filed after a parent returns from active duty, the parent's absence due to active duty cannot be considered a substantial change in circumstances and the court cannot consider the parent's absence to due active duty in determining the best interests of the child. Senate File 2214 must now be considered by the entire House. *********************************************** MORE IOWANS ELIGIBLE FOR STATE DISASTER AID If the Governor declares a disaster, such as a winter storm, flooding, or a tornado, low-income Iowans are eligible for state grants to reimburse the costs of repairs of storm-damaged property, home repair, temporary housing, and food. Last year, the Legislature authorized up to $1 million a year for this individual assistance disaster aid grant program. House File 2564 increases eligibility from an annual income of 130% of the federal poverty level to 200% of the federal poverty level. This means individuals with an income of up to $20,800 or a family of four with an income of up to $42,400 will now be eligible for state assistance. The bill also increases the maximum grant award from $3,319 to $5,000, with uninsured structure repair allowable up to the maximum of $5,000. The bill now goes to the Senate for consideration. *********************************************** TRANSPORTATION POLICY BILL PASSES HOUSE The Department of Transportation policy bill, House File 2651, passed the House this week. The bill creates a new four-year private college or university special license plate. After an application is submitted by a private four-year college or university located in Iowa, the Department of Transportation will work with the institution to design a license plate that displays the colors associated with that institution. The new private college or university license plates will cost $25, in addition to the regular annual fee. The private college or university plates can be personalized. The bill also allows both the new four-year private college or university plates and the already established state university plates to be displayed on not only motor vehicles and trailers, but also motor trucks, motor homes, and multipurpose vehicles. *********************************************** BILL ADDRESSES CROP DAMAGE CAUSED BY DEER The House gave final approval this week on a bill that establishes a depredation management program to help farmers address the problems they are having from deer. Legislators have heard from farmers regarding the devastation deer are causing to their crops and how this is affecting their livelihood. Senate File 2328 requires the Department of Natural Resources to make deer depredation hunting licenses available to resident hunters. These licenses allow the hunting of does on farmers' property during the hunting seasons. A landowner who incurs crop, horticultural product, tree, or nursery damage in excess of $1,000 or more, due to wildlife, is to enter into a depredation management agreement with DNR. The producers will be issued a set number of licenses from the department. These licenses are available to hunters for that farmer's property. Deer shooting permits must also be available from DNR. These permits may be used outside the established deer hunting seasons on the farmers' property. *********************************************** SHOULD THE CHANNEL CATFISH BE THE STATE FISH? Once again, the House Natural Resources Committee thinks the channel catfish should be the state fish of Iowa. The committee unanimously approved Senate Joint Resolution 2 and moved the bill to the full House for consideration. The full House would have to approve the bill before it would become law. The Senate unanimously adopted the resolution last year. The resolution directs the Department of Cultural Affairs to display pictures and representations of the channel catfish in an appropriate place in the State Historical Museum. It also directs the editor of the Iowa official register to include an appropriate picture and commentary in the Iowa official register, along with the pictures of the state rock, state flower, state bird, and state tree. ********************************************** VETERAN AFFAIRS TO CONTROL COMMEMORATIVE PROPERTY The House Veteran Affairs Committee approved Senate File 2333, which would expand control over all Veteran's commemorative property to the Iowa Department of Veterans Affairs. Currently the Department of Veteran Affairs has control over commemorative property in cemeteries if the commemorative property is 75 years old or older. The bill would expand control to veteran's commemorative property placed in all locations and the commemorative property no longer needs to be over 75 years old. The bill defines veterans' commemorative property as memorials including headstones, plaques, statues, urns, decorations, flag holders, badges, shields, items of memorabilia, or other embellishments that commemorates any veteran or group of veterans, including any veterans' organization or any military unit, company, battalion, or division. The bill allows the Department of Veteran Affairs to control the sale, trade, or transfer of the property. The bill is now eligible for consideration of the entire Iowa House of Representatives. *********************************************** JUDICIARY EXPANDS RESIDENCY FOR JUDICIAL NOMINEES The House Judiciary Committee passed Senate File 2211 making the bill eligible for consideration by the entire House. Senate File 2211 removes the requirements that a nominee for district judge reside in the judicial district prior to nomination for appointment. Under the bill, as in current law, a nominee would have to become a resident of the judicial district upon appointment by the Governor to serve as a district judge for that district. The idea behind the bill is to assure the most qualified candidates are able to apply for district judicial openings. The bill could allow additional applicants in areas of the state that have had difficulty filling open district judge positions. The judicial nominating commission is made up of individuals from each of these judicial districts, and this legislation would allow these commissions to weigh the qualifications of applicants against the an applicant's ties to the district. *********************************************** GREAT PLACES FORUMS The Department of Cultural Affairs (DCA) will host four Iowa Great Places regional forums March 31-April 3, 2008, to discuss program information, the application process, grant funding, and the Great Places Citizen Advisory Board's expectations. The Iowa Great Places regional forums will be: Storm Lake - March 31, 8:30 a.m.-5:15 p.m., King's Pointe Waterpark Resort, 1520 E. Lakeshore Drive. Corning - April 1, 8:30 a.m.-5:15 p.m., Midwest Opportunity House, 407 8th Street, 3rd Floor, Turner Room. West Union - April 2, 8:30 a.m.-5:15 p.m., Country Hills Community Golf, Restaurant, & Lounge, 10280 Echo Valley Road. Albia - April 3, 8:30 a.m.-5:15 p.m., Albia Area Chamber of Commerce, 18 South Main Street. So far, 40 projects and 120 people have already applied for the forums. RSVPs are required for the events by contacting DCA at francis.boggus@iowa.gov, or by calling (515) 281-691. Agendas for each forum are available at the Iowa Great Place's Web site. Thursday, March 20
Statehouse News
by
Sam Garchik
on Thu 20 Mar 2008 08:43 AM CDT
Iowa House of Representatives: Statehouse News-- March 20, 2008
By Mary Mascher INSIDE THIS EDITION Surface Water Protection Act Quitline Iowa Calls Surpass 2007 Committee Approves Defibrillator Protections Educational Assistance Program Approved Equity for Injured Workers' Passes the House Natural Resources Constitutional Amendment Civil Rights Extension Passes House IPERS Low Administrative Cost Subpoena Power for Civil Rights Commission Performing Roster Applications Due April 1 *********************************************** SURFACE WATER PROTECTION ACT This week, the Senate gave final approval to House File 2400, sending the measure to Governor Culver for his signature. The Surface Water Protection Act is the result of a two-year watershed planning task force and will provide a coordinated effort to clean up our lakes, rivers, and streams. The bill creates a Water Resources Coordinating Council within the Governor's Office to preserve and protect Iowa's water resources and coordinate efforts throughout the state. The success of the council's efforts will ultimately be measured by whether Iowa citizens can more easily organize local watershed projects; can more easily access available funds and water quality program resources; and whether the funds, programs, and regulatory efforts coordinated by the council eventually result in a long-term improvement to the quality of surface water in Iowa. The Surface Water Protection Act calls for 56 regional watershed assessments to be completed in five years, providing a summary of the overall condition of Iowa's watersheds. In addition, smaller community-based subwatershed improvement plans are to be developed and implemented, including monitoring plans. *********************************************** QUITLINE IOWA CALLS SURPASS 2007 This week, the Iowa Department of Public Health (IDPH) announced that, so far in 2008, Quitline Iowa has taken 10,015 calls from Iowans seeking help in overcoming tobacco addiction. In a matter of 11 weeks, the total number of calls to Quitline Iowa has topped the 2007 total of 8,760 calls. The total calls for 2007 was itself a record following the $1 increase in the tobacco tax last spring. The dramatic increase in call volume this year is due to a new service being offered by the IDPH. Starting January 1st of this year, any Iowan age 18 or older who calls Quitline Iowa can receive a free two-week course of nicotine patches and gum, also known as nicotine replacement therapy. For more information, visit www.quitlineiowa.org or call 1-800-QUIT-NOW (1-800-784-8669). *********************************************** COMMITTEE APPROVES DEFIBRILLATOR PROTECTIONS The House Judiciary Committee passed Senate File 505 this past week. Senate File 505 provides protections for individuals that use an automated external defibrillator to render emergency care to someone experiencing a sudden cardiac arrest. Essentially, Senate File 505 extends Iowa's Good Samaritan protections to individuals using an automated external defibrillator. The bill protects a person who responds to what he or she reasonably believes is a sudden cardiac arrest emergency. The bill also extends protections to persons or entities that own or are responsible for the premises where an automated external defibrillator is located, but the bill, as amended, requires maintenance of a defibrillator according to rules developed by the Department of Public Health. The bill is now eligible for debate in the Iowa House. *********************************************** EDUCATIONAL ASSISTANCE PROGRAM APPROVED The House Veterans Affairs Committee amended and approved Senate File 2289, which makes changes to the war orphan educational assistance fund. The fund was setup several years ago to help pay for college education expenses for the children of veterans who died while serving their country. If the person died on or after September 11, 2001, during active federal military service and has maintained a residence in Iowa for at least six months immediately before entering into active military service, then the person's children are entitled to this educational assistance benefit. The bill set the benefit equal to no more than the current undergraduate tuition rate at the state universities. This change will allow the benefit to improve as tuition is increased, rather the set at a fixed $5,500 per year. The maximum benefit is also increased from $27,500 to a lifetime amount of no more than five times the undergraduate tuition rate at the state universities. The benefit is adjusted for any other state or federal financial aid or scholarships and the student's financial need. The bill allows the student to attend any Iowa public or private college. Under current law, the student is limited to the state universities or community colleges. The bill requires the child to begin their postsecondary education before they reach age 26 and the benefit would no longer be available when he or she reaches age 31. The bill now goes to the full House for consideration. *********************************************** EQUITY FOR INJURED WORKERS' PASSES THE HOUSE The first of several bills to make workers' compensation more equitable for injured workers has passed the House. The House has passed House Files 2542 and 2568. House File 2568 ends the practice of compensating an injured worker for less than they are actually paid. Currently, a worker can only receive benefits under workers' compensation at a regular shift rate of pay even though they may have a "shift differential" such as being paid more for working a graveyard shift. House File 2542 would allow workers who are employed by a company in Iowa, but are working out-of-state, to receive workers compensation. An Iowa Supreme Court case five years ago ruled that an employee was not entitled to compensation even though an employee is working for a company headquartered in Iowa, and the company pays workers' compensation benefits under Iowa law. The court said, because the employee works throughout the country, the employee is not entitled to compensation. *********************************************** NATURAL RESOURCES CONSTITUTIONAL AMENDMENT This week, by a vote of 47-2, the Senate adopted a resolution to add an amendment to Iowa's constitution to protect natural resources and outdoor recreation funding. The bill now goes to the House Natural Resources Committee for consideration. Senate Joint Resolution 2002 would have to pass the House this year, and pass the House and Senate again over the next two years, before it would go on the ballot for the general public to vote on. At the earliest, it would be on the November 2010, ballot. Senate Joint Resolution 2002 creates a natural resources and outdoor recreation trust fund for the purpose of protecting and enhancing water quality and natural areas in Iowa. This would include parks, trails, fish and wildlife habitat, and conserving agricultural soils. Moneys in this fund can only be used for these purposes. The intent is to credit 3/8th of 1¢ to the fund when the sales tax is increased, which generates approximately $150 million. The Legislature is to establish the parameters for administration of the fund. *********************************************** CIVIL RIGHTS EXTENSION PASSES HOUSE The Iowa House of Representatives approved House File 2157 this week. House File 2157 extends the timeframe for filing civil rights complaints with the Iowa civil rights commission from 180 days to 300 days. The bill brings the statute of limitations for civil rights commission claims more into line with federal requirements for filing similar claims. It is believed that this legislation would have a practical effect on a relatively small number of cases. According to the Iowa civil rights commission, only two to three cases per month would be affected by this change. The bill must now be considered in the Iowa Senate *********************************************** IPERS LOW ADMINISTRATIVE COSTS CEM Benchmarking Inc. released the findings of their independent study on costs to manage retirement systems during fiscal year 2007. The study shows that the Iowa Public Employees Retirement System's (IPERS) costs to manage the $23 billion retirement system are about half the median cost, making IPERS the lowest-cost provider in the comparison group. IPERS' administration costs are $35 less than half the median cost of $73. IPERS has more than 310,000 members and provides pensions to teachers, police officers, firefighters, and other government employees. About 85,000 retirees and their beneficiaries receive benefits from IPERS. IPERS paid out more than $1 billion in retirement benefits during the last fiscal year. Over 88 percent of that stayed in Iowa. *********************************************** SUBPOENA POWER FOR CIVIL RIGHTS COMMISSION The House Judiciary Committee has approved Senate File 199, which extends the Iowa civil rights commission's authority to issue subpoenas in any investigation the commission is pursuing. Current law allows the civil rights commission to issue subpoenas only for investigations involving housing or real property practices. The bill is now eligible for consideration by the entire Iowa House. Ralph Rosenberg, Executive Director of the Iowa civil rights commission, indicated that out of approximately 2,000 cases per year, subpoena power would only be needed in about 30 to 40 cases. Additionally, Rosenberg noted that just referencing the commission's subpoena power is often enough to get reluctant parties to participate in the process. Finally, he noted that Iowa is one of only five states that do not grant the civil rights commission subpoena power in all cases. *********************************************** PERFORMING ROSTER APPLICATIONS DUE APRIL 1 The deadline for individuals and groups to apply to be on the Iowa Arts Council (IAC) teaching and performing artists rosters is April 1, 2008. Applications and all supporting materials should be mailed to the Iowa Arts Council at 600 E. Locust Street, Des Moines, Iowa 50319. Applications and guideline information are available at www.iowaartscouncil.org. Individuals and groups on the performing roster are available to communities, schools and other venues. Applicants for grants often look first to this roster when seeking performing artists. The roster lists individuals and groups who work in a number of disciplines including folk and traditional arts, interdisciplinary and performance art, literature, music, music theatre, opera and theatre. IAC compiles the teaching roster to help sponsors identify artists who are pre-approved to work in the Artists in Schools and Communities (AISC) program. A peer panel evaluates each roster applicant for artistic and instructional abilities and achievements. Friday, March 7
Iowa House of Representatives Statehouse News: March 6, 2008
by
Sam Garchik
on Fri 07 Mar 2008 11:04 AM CST
Iowa House of Representatives STATEHOUSE NEWS: March 6, 2008 By Mary Mascher INSIDE THIS EDITION Health Care Bill Passes Committee School Attendance Age Raised Bottle Bill Passes Committee Internet Predators of Children Lottery Games for Veterans Trust Fund Approved Immigration Legislation New Regulation of Foreclosure Consultants Bill Establishes Livestock Odor Mitigation Study Mental Health Insurance for Veterans Bill Sets Special Election Dates Main Street Communities Announced Bill Establishes a Deer Depredation Program Price Laboratory Research and Development School DOT Policy Bill Passes House Transportation *********************************************** HEALTH CARE BILL PASSES COMMITTEE On a unanimous bi-partisan vote of 19-0, the House Human Resources Committee approved a bill that provides needed health care reforms. House Study Bill 757 is based on the recommendations of the Legislative Commission on Affordable Health Care Plans for Small Businesses and Families and a proposal from Governor Chet Culver. During the interim last summer and fall, the Commission met monthly across Iowa. The Commission was charged with reviewing, analyzing, and making recommendations to the Legislature relating to the affordability of health care for Iowans. House Study Bill 757 states that, as funding becomes available, it is the intent of the General Assembly that all Iowans will have health care coverage, with the initial priority of providing health care coverage for all children by December 31, 2010. To get there, the Department of Human Services (DHS) will work with the Centers for Medicare and Medicaid Services to expand hawk-i to cover children up to 300% of the federal poverty level. The Electronic Health Information Advisory Council is created as a public and private effort to promote the adoption and use of health information technology in Iowa. The Advisory Council will make recommendations to the Iowa Department of Public Health (IDPH) to improve health care quality, increase patient safety, reduce health care costs, enhance public health, and empower individuals and health care professionals with real time medical information. The Department of Elder Affairs is to work with statewide organizations and health care professionals to develop educational and patient centered information on end of life care for terminally ill patients and health care professionals. The bill requires that insurance companies allow children to be covered up to the age of 25, or so long as the dependent child maintains full-time status as a student in a post-secondary educational institution. In addition, individuals who move from a group insurance policy to an individual insurance policy will not be denied or underwritten due to preexisting conditions. A Medical Home Advisory Council is established within the Iowa Department of Public Health. The purpose of a patient centered medical home is to provide for the coordination and integration of care, focused on prevention, wellness, and chronic care management. In addition, using a patient centered medical home should lower costs and improve quality through documentation and outcome-based results. Providers that are certified patient centered medical homes will receive incentives for their continued participation. The Director of the Iowa Department of Public Health, in collaboration with the Prevention and Chronic Care Management Advisory Council, is required to develop a state initiative for prevention and chronic care management. The director may accept grants and donations and is required to apply for any federal, state, or private grants available to fund the initiative. The Family Opportunity Act, which was passed last year, is amended to say that it will be implemented when DHS determines that sufficient funding is available. The Family Opportunity Act allows an individual who is less than 19 years old, and who meets the Supplemental Security Income program rules for disability requirements, to be eligible for assistance, provided on a phased-in basis based upon the age of the individual. A Medicaid Quality Improvement Council is also established. The Council will evaluate the clinical outcomes and satisfaction of consumers and providers within Medicaid. The IDPH will establish a grant program to energize local communities to promote healthy lifestyles that will lead collectively, community by community, to a healthier Iowa. A Governors Council on Physical Fitness and Nutrition is established consisting of 12 members appointed by the Governor. The Council will assist in implementation of a statewide comprehensive plan to increase physical activity, improve physical fitness, improve nutrition, and promote healthy behaviors. House Study Bill 757 will now move to the House Calendar and be eligible for debate by the Iowa House. *********************************************** SCHOOL ATTENDANCE AGE RAISED The House Education Committee passed House File 2144, the compulsory school attendance age bill, which will raise the age a child is required to go to school from 16 to 17 years old. It received bi-partisan support. The main purpose of this proposal is to create a higher expectation for students, parents, teachers, and schools. There is very clear research that the first step in changing behavior is the ability to create a higher expectation for that behavior. This is what the bill does. In Iowa, approximately 800 to 1100 students drop out each year, with a disproportionate number in lower socio-economic and racial subgroups. House File 2144 will require a student to stay in school through the year in which the child turns 17 years of age. The bill would exempt students receiving competent private instruction, which is usually a student who is receiving home school instruction or an alternative programming. A student receiving competent private instruction still must stay in school until sixteen. Approximately twenty-six states currently allow students to drop out at the age of 16, and the remaining states do not allow dropping out until 17 or 18 years old. Several other states have also changed their laws to increase their drop out age. In Iowa, most businesses expect a worker to have a high school diploma when entering the workforce. With the looming workforce shortage and increasing globalization of the market, increasing education requirements will make sure more workers meet business expectations. A child who decides to drop out of school will be required to participate in an exit interview. A form will also be sent to a parent or guardian with the requirement that it be returned to the school district. The form and interview will include open-ended questions as to the reasons that a child drops out. All the data will be turned over to the department of education to identify how to meet the needs of the students so they do no drop out. A working group is required to be formed at the local level to address the needs of the specific district. House File 2144 must now receive approval from the entire House before moving to the Senate for consideration. *********************************************** BOTTLE BILL PASSES COMMITTEE This week, Governor Culvers proposal to change the beverage deposit law, House Study Bill 734, passed the House Environmental Protection Committee. The bill does not increase the current 5¢ refund. The proposal, commonly known as the Bottle Bill, expands the law to beverage containers that contain tea, water, juices, and sport drinks. This would apply to plastic, glass, and metal containers. In addition, the bill increases the handling fee that each distributor pays to the redemption centers. Currently, the handling fee is 1¢ per container redeemed. The bill increases the handling fee to 2¢ per container redeemed. There has not been an increase in the handling fee since the inception of the Bottle Bill in 1979. Opponents of the bottle bill say the changes will increase the costs of products and the costs will be passed on to consumers. Proponents of the bottle bill say the proposal is in line with the original intent of the bill to reduce litter and as an incentive for citizens to return their empty containers rather than discard them. House Study Bill 734 is now eligible for debate by the Iowa House. *********************************************** INTERNET PREDATORS OF CHILDREN The House Public Safety Committee adopted a bill this week that develops stronger tools for law enforcement to use to stop internet predators of children. Officers said predators will often pose as children, creating a bond with their young victims, and prompting them to reveal more information than they should. Investigators estimate a potential predator can learn a childs vital information full name, address, phone number, school and more within 20 minutes of a chat-room meeting. Armed with just a bit of personal information, the rest is often available by using common internet search engines. House File 762, as amended, establishes the crime of indecent exposure by electronic transmission of an image, including webcams. A person, who electronically transmits an image of their genitals, or of themselves committing a sex act, commits an aggravated misdemeanor if the image is intended to be viewed by a child under the age of 14, or a person they believe to be a child, and it is done for sexual purposes. The penalty is a maximum two years in prison and a maximum fine of $6,250. For this internet crime against children, the perpetrator cannot receive any deferred judgments or deferred sentences. The bill establishes a serious misdemeanor criminal offense if the electronic image is intended to be viewed by anyone else, its done for sexual purposes, and they know the image will be offensive to the viewer. This penalty is a maximum one year in jail and maximum fine of $1,875. Sex Abuse Against a Minor The bill also increases the age of a minor from "under 12" to "under 13" as it relates to the crimes of sex abuse in the second degree and sex abuse in the third degree. This will allow for harsher penalties for people who prey on children under 13. *********************************************** LOTTERY GAMES FOR VETERANS TRUST FUND The House amended and approved House File 2359 that directs the State Lottery to create two additional scratch and pull-tab games annually with the profits dedicated to veterans, their spouses, and dependents. The Lottery estimates that these additional games would generate approximately $3 million annually. The bill dedicates the lottery ticket profits to the Veterans Trust Fund, until the fund reaches a balance of $50 million or more. Once the trust fund is filled, the remaining moneys are appropriated to the county directors of veteran affairs. The funds will be distributed to the counties with 50% going equally to each county and 50% based on population. The Veterans Affairs Commission is currently authorized to expend the interest earned on the Veterans Trust Fund, as long as a $5 million balance is maintained, for the following purposes: Travel expenses for wounded veterans directly related to follow-up medical care. Job training or college tuition assistance for job retraining. Unemployment assistance during a period of unemployment due to prolonged physical or mental illness or disability resulting from military service. Expenses related to nursing facility or at-home care. Benefits provided to children of disabled or deceased veterans. Individual counseling or family counseling programs. Family support group programs or programs for children of members of the military. Honor guard services. The bill now goes to the Senate for consideration. *********************************************** IMMIGRATION LEGISLATION This week the House Labor Committee passed, without recommendation, an immigration and employee misclassification bill. The bill moves to the House floor on a bipartisan vote. House Study Bill 717, as amended, would require an employer to sign a form indicating that a job applicant's appearance matches a valid photo ID. This action must be done within 10 days of the employee being hired. A photo copy of the license must be kept on file. If the employer falsifies the information in the form, they could be subject to perjury charges. This portion of the bill is designed to crack down on employers who hire and sometimes exploit illegal aliens. Although the federal government has laws and enforcement measures in this area, the Bush administration has been unable to pass any meaningful immigration reform, or keep up with the enforcement of the laws that are already on the books. | |||