Senate Majority Leader Mike Gronstal:
“We did some things on job creation in this state on making sure that the resources are there to provide for education and training of employees in this state to match the skills to the jobs that are out there and get thousands of Iowans back to work. So I’m pretty excited about some of the things we did for higher education and in particular community colleges. There are disappointments, there are disappointments in every session. I would have really loved to have gotten something done on commercial property taxes in this state. In the end we felt the plan that the Governor was advancing was one that would shift taxes to homeowners and we couldn’t go along with that.”

Video, audio and a transcript can be found at IPTV.

FLOOR ACTION:

SF 430 creates the Iowa Public Information Board to advise on provisions of Iowa’s Open Records (Chapter 22) and Public Meetings (Chapter 21) laws. Highlights include:

Iowa Public Information Board. The purpose of the bill is to provide an alternative means to secure compliance with and enforcement of the requirements of chapters 21 (open meetings) and 22 (public records) and provide an efficient, informal and cost-effective process for resolving disputes. The 9-member board is appointed by the Governor and subject to Senate confirmation. No more than three members can be representatives from the media and no more than three can be representatives of cities, counties and other political subdivisions. Appointments need to be politically balanced and gender balanced. The board will be an independent agency.  Members will serve staggered four-year terms; a quorum is five members; the board will select one person to act as the chairperson and must employ an attorney to serve as the executive director; the board is to meet at least quarterly, at the call of the chair; will be paid per diem as prescribed under 7E.6 ($50 per day); and will be reimbursed actual and necessary expenses for board business.

Draft Documents – Confidential Records. Adds to the list of confidential records tentative, preliminary, draft, speculative or research material, prior to its completion of the purpose for which it is intended and in a form prior to the form in which it is submitted for use or used in the actual formulation, recommendation, adoption or execution of any official policy or action by a government body or public official authorized to make such decisions for the governmental body. This does not apply to public records that are actually submitted for use or are used in the formulation, recommendation, adoption or execution of any official policy or action of a governmental body or a public official authorized to adopt or execute official policy for the governmental body.

Election of Remedies. An aggrieved party, the attorney general or any county attorney may seek compliance with open meetings and public records laws by filing an action with a court or filing a timely complaint to the Public Information Board. If a party seeks enforcement by filing an action, and another party seeks enforcement for the same violation by filing a complaint with the board, the court in which the action was filed will stay the action pending resolution of the complaint with the board, authorizing the complainant to file a complaint with respect to the same incident with the board. If a party is seeking to enjoin the inspection of a public record, either party may seek to remove the proceeding to the board by filing with the board within 30 days of the commencement of the judicial proceeding.

Board Powers and Duties.

** Employ an executive director to execute its authority and prosecute respondents in proceedings before the board and to represent the board in proceedings before a court.

** Adopt rules to implement, enforce and interpret this new board and its requirements.

** Issue declaratory orders with the force of law or informal advice on the applicability of chapters 21 (open meetings) and 22 (public records).

** Receive complaints and seek resolution through informal assistance or through mediation and settlement, investigation, determine probable cause and prosecute violations before the board in contested cases.

** Request and receive from governmental bodies information necessary to perform its duties.

** May examine confidential records subject to the complaints  as they maintain their confidential status.

** Issue subpoenas to investigate and prosecute complaints.

** Issue orders after a proceeding with the force of law, determining whether there have been open meetings or public records violations, and impose civil penalties and other appropriate remedies.

** Represent itself in judicial proceedings through their own attorney, through the Attorney General’s office or through other attorneys retained by the board at its option.

** Make training opportunities available for lawful custodians, governmental bodies and others. The board may require, in its discretion, appropriate persons to have periodic training and approval by the board.

** Disseminate information (website) to inform the public about their rights to access government information including information relating to the obligations of governmental bodies under open meetings and public records laws.

** Prepare reports for the Governor and Legislature at least annually, describing complaints, proceedings, investigations, hearings, decisions rendered and other work done.

** Make recommendations to the Governor and Legislature proposing legislation for public access to government information deemed desirable.

Filing a Complaint with the Board. The board must adopt rules providing for timing, form, content and means by which any aggrieved person, any Iowa citizen, the attorney general or any county attorney may file a complaint with the board. There is a 60-day limitation to timing from when due diligence would reveal the violation. All complaints are public records.

Initial Processing of Complaint. Upon receipt of a complaint, the board must either determine that, on its face the complaint appears legally sufficient, is within the board’s jurisdiction and could have merit. In such a case, the complaint must be accepted and parties notified in writing. If the complaint is outside its jurisdiction, legally insufficient, frivolous, without merit, involves harmless error or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court, the board must decline to accept the complaint. If the complaint is refused, the board must provide the complainant a written order explaining the reasons for the action.

Informal Assistance – Mediation and Settlement. After accepting a complaint, the board must attempt to find an informal resolution. If that is insufficient, the board may offer mediation and settlement. Mediation and settlement will offer a neutral mediation employed by the board, either through its own staff or an outside source. Mediation must be informal and non-adversarial. It must be calculated to reach a mutually acceptable resolution.

Enforcement – Formal Investigation – Contested Cases.

** If any party declines mediation or settlement, or if mediation fails, the board must initiate a formal investigation. The board, after an appropriate investigation, will determine whether the complaint is within the board’s jurisdiction and if there is probable cause. If there is no probable cause, or if the complaint falls outside the jurisdiction of the board, the board will issue a written order to both parties explaining why it is dismissing the complaint. If probable cause and jurisdiction are found, the board must issue an order to that effect and commence a contested case. If there are no material facts in dispute, the board may order that the contested case procedures relating to the presentation of evidence will not apply. An attorney selected by the executive director will prosecute the respondent. At the end of the proceeding, the board must, by majority vote, render a decision. If the board finds merit, the board may issue an appropriate order to ensure enforcement of open meetings and public records laws, including specific performance.

** The board may also, upon finding a violation, seek civil damages, which range between $100 to$2,500 depending upon severity and intent, void any action taken in open meetings violations if a court could do so in similar circumstances or require the respondent to take any remedial action deemed appropriate by the board.

** The board does not have authority to remove someone from public office because of a violation. However, the board may file an action under chapters 21 (open meetings) and 22 (public records) to remove persons from office for violations that would subject a person to removal under those chapters.

** A final order by the board is enforceable in court and is subject to judicial review.

Defenses in a Contested Case. Harmless error and injunction prohibiting disclosure (pursuant to chapter 22.8 -injunctions to restrain examinations of public records) are a defense but must be proved by clear and convincing evidence.

Jurisdiction. The board does not have jurisdiction over the judicial or legislative branches of state government, or any officer or employee of those branches of government, or over the Governor or the office of the Governor.

Iowa Public Information Board – Transitional Provisions.

** Initial members of the board are to be appointed by September 1, 2012.

** The executive director cannot be hired prior to July 1, 2013.

** Prior to July 1, 2013, the board must meet as necessary to organize and prepare a report to be submitted to the Governor and Legislature. The report must include: a job description for the executive director; goals for board operations; procedures for handling of confidential information by the executive director and members of the board; conflict of interest policies for board members; and performance measures to measure achievement of the board’s goals.

Effective Date. Except for the transitional provisions (which are effective July 1, 2012), the bill takes effect on July 1, 2013. [4/23: 49-0 (McKinley absent)]

FLOOR ACTION:

SF 364 requires the licensure of people offering orthotic, prosthetic or pedorthic services. Two additional members are added to the Iowa Podiatry Licensing Board. Licensing fees will then fund the Board. Violations and penalties are established. The Board is similar to the other health-related licensing boards. Orthotics deals with custom-fitted braces or supports for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury or deformity. Pedorthics deals with shoes or shoe inserts. Prosthetics deals with artificial medical devices that are not surgically implanted and that are used to replace a missing limb.

The House amended the bill to include the contents of SF 2174, updating Code chapter 148B, which regulates occupational therapists practicing in Iowa. Occupation therapy means the therapeutic use of occupations, including everyday life activities, to support participation, performance and function in roles and situations in a variety of settings. The number of days a nonresident can perform occupational therapy services in Iowa is reduced from 90 to 30 days. A nonresident practicing in Iowa without a license must meet the requirements for certification as an occupational therapist or a certified occupational therapy assistant established by the National Board for certification in occupational therapy. SF 2174 passed the Senate February 28 on a vote of 50-0. [4/11: 39-10]

FLOOR ACTION:

SF 413 clarifies that local emergency management commissions are required to be funded. An approved budget may be funded by one or more of four specific methods. If an elected official who is part of the commission requires an alternate at a meeting when the commission is working on budget matters, the alternate is required to be an elected official. The Senate concurred with a clarifying House amendment. [4/3: 48-0 (Bertrand, Horn excused)]

FLOOR ACTION:

HF 2427 makes changes to the regulations of electrical and mechanical amusement devices. A person who fails to include a security mechanism on an amusement device would be issued a letter of warning by the Department of Inspections and Appeals (DIA). If the offense is committed again within two years, the DIA may deny, suspend or revoke the registration. A person who commits the offense of awarding a cash prize will be issued a warning letter by the DIA. If the person commits the offense again within two years, they will have their registration revoked and have their liquor license suspended for 14 days. The Senate adopted an amendment that changed the penalty for a first offense (security mechanism or cash prize) from a warning to a $250 fine. [3/28: 38-11(Behn, Ernst, Feenstra, Johnson, Hamerlinck, Kettering, Boettger, Greiner, Seymour, Chelgren, Smith “no”; Houser excused)]

FLOOR ACTION:

HF 2285 corrects action taken in 2011. In 2011, the definition of “hydronic” was changed in the Plumbing Code (Chapter 105) by striking language that limited application to heating and cooling systems used for comfort. HF 2285 adds new language to limit the definition to heating and cooling systems used for comfort. This basically differentiates between systems that are used inside versus outside. [3/19: 50-0]

SF 2236 – Campaign Finance

SF 2275 – Internet Poker

SF 2298 – Direct Care Workers

HF 2285 – Licensure of Plumbers

HF 2319 – Elections & Voter Registration – Technical Changes

HF 2400 – Secretary of State Policy Bill

HF 2427 – Electrical & Mechanical Amusement Devices

FLOOR ACTION:

SR 113 urges Congress to enact appropriate legislation to regulate and restrict corporate participation in election campaigns. This resolution is in reaction to the U.S. Supreme Court case Citizens United v. Federal Election Commission. [3/12: voice vote]

SF 2236 is proposed by the Iowa Ethics and Campaign Disclosure Board. Highlights include:

** Clarifying that reporting of gifts received on behalf of the state is monthly, only if gifts have been received. Electronic reporting is required.

** Defining “charitable” organization to mean an organization as defined in 501(C) (3) of the IRS Code.

** A person who makes independent expenditures and files the required statements and reports is not required to form a committee.

** Issue advocacy refers to all candidates not just candidates for the Legislature or a statewide office.

** The word “entity” is not a defined term. Therefore the word “person” is substituted, since it is defined and used throughout the Iowa Code.

** Independent expenditure reports are to include the name and address of each person who has made one or mare contributions to the person making the independent expenditure, when the aggregate amount in a calendar year is $200 or more, and the amount and date of each contribution. This mirrors current Federal Election Commission (FEC) law.

** An attribution statement on published material would now include ads and automated or live telephone calls. An attribution statement currently is required on television ads, newspaper and other print ads, direct mailings and other printed material.  Radio ads are required to have attributions under FCC regulations.

** Clarifying that officials and employees of the executive branch are required to electronically report any gifts exceeding $100 in the aggregate in a calendar year.

** Requiring members of a temporary county redistricting commission to retain their entire work product relating to redistricting until the plan has been approved by the Secretary of State. Work product includes but is not limited to any written or electronic communication with any person regarding the redistricting process or plan.

The bill is effective upon enactment.  [3/14: 31-19]

SF 2275 authorizes Internet wagering in Iowa, when conducted by an Internet wagering licensee with requirements established by the Racing and Gaming Commission. This is to include security measures to ensure the integrity of Internet wagering and technical standards governing the technology used to conduct Internet wagering. Highlights include:

** Amending the definition of adjusted gross receipts. For Internet wagering, adjusted gross receipts means the gross receipts for Internet wagering on poker from rake and tournament fees less winnings and player incentives paid to wagerers. Other gaming adjusted gross receipts are defined as gross receipts less winnings paid to wagerers.

** Internet wagering: a method of wagering by which a person may establish an account, deposit money into the account, and use the account balance for wagering by utilizing electronic communication.

** Player incentives: for Internet wagering, any bonuses, rewards, prizes or other types of promotional items provided to a person engaging in Internet wagering by an Internet wagering licensee as an incentive to engage in Internet wagering.

** Rake: a set fee or percentage of the pot assessed by an Internet wagering licensee for providing the Internet wagering services to a person engaging in Internet wagering for the right to participate in Internet wagering.

** Tournament fee: A set fee assessed to a person engaging in internet wagering by the Internet wagering licensee for providing internet wagering tournament services.

** An Internet wagering licensee is required to comply with the following:
>> Internet wagering shall be limited to wagering on poker and all of its variations, including but not limited to Texas hold’em, Omaha hold’em, draw poker and stud poker.
>> Internet wagering is required to be conducted by the licensee through a single Internet site.
>> Internet wagering shall be limited to only persons who have registered with the licensee to engage in Internet wagering. To register, a person is required to provide sufficient information to the licensee to verify that the person is at least 21 and is otherwise authorized to engage in Internet wagering in Iowa.
>> If an Internet wagering license is issued to one licensee authorized in Iowa, adjusted gross receipts received by the gambling games licensee from Internet wagering each fiscal year will be added to the adjusted gross receipts received by the licensee from gambling games other than from Internet wagering for purposes of imposing a tax on the adjusted gross receipts received by the licensee as provided in 99F.11 (22 percent or 24 percent).
>> The Racing and Gaming Commission would make decisions regarding how to administer a single joint license and how Internet wagering will be conducted.
>> Distribution of receipts from Internet wagering on poker are made in the same manner as in 99F.6 or in 99F.5.

** Before a license is granted to an Internet wagering service provider, the Commission will conduct a comprehensive investigation of the service provider. The Commission will not issue a license to an Internet wagering service provider if that service provider has accepted or assisted in the acceptance of any wagers in violation of any laws. [3/13: 29-20 (Houser excused)]

SF 2298 requires individuals who provide direct care services for compensation to be certified as direct care associates. Higher levels of certification are available with advanced training and specialty endorsements. There are requirements for certification, renewal of certification, continuing education and reciprocity of certification. The Board of Direct Care Professionals is established and duties are outlined. There is a phased-in implementation. Public employees are exempt from this chapter but are allowed to establish certification through collective bargaining. [3/12: 26-24 (party-line)]

COMMITTEE ACTION:

HF 2285 corrects action taken in 2011. In 2011, the definition of “hydronic” was changed in the Plumbing Code (Chapter 105) by striking language that limited application to heating and cooling systems used for comfort. HF 2285 adds new language to limit the definition to heating and cooling systems used for comfort.  This basically differentiates between systems that are used inside versus outside. [3/13: 13-0 (Bertrand, Kibbie excused)]

HF 2319 makes technical changes to Iowa’s election and voter registration laws. HF 2319 passed the House 96-0. [3/14: short form (Bertrand excused)]

HF 2400 makes a number of policy changes to Iowa’s election and voter registration laws. HF 2400 was proposed by the Secretary of State and passed the House 96-2. Highlights include:

** Allow City Council Appointment Elections to be held during next City Election – Currently there are two ways to fill a vacancy on a city council. One is by holding a special election. This bill does nothing to change that. The other way is by appointment from the remaining city council members. The appointment, under current law, lasts until the next pending election. The bill clarifies a procedure that would require the election be held at the next general election for a city or the regular city election, unless there is a special election to fill a vacancy. It clarifies that the city council vacancy can be placed on any intervening special election ballot in that city if it occurs prior to the next regular city election. The Secretary of State says this part of the bill is needed to address the issues raised in City of Bettendorf v. Moritz, which stated “We find that ‘pending election’ pursuant to Iowa Code section 69.12 includes a pending general election.” The outcome of the referenced case was to place municipal offices on the ballot in general elections when there has been a vacancy in the office filled by appointment since the most recent city election. The bill clarifies that these municipal offices should instead appear on the ballot in the next city general election or regular city election. The bill also says that if the council fails to fill an appointment within 40 days, the city clerk is required to give notice to the county auditor who is required to call a special election to fill the vacancy at the earliest practical date but no earlier than 32 days after the notice is received. The Secretary of State says this change is necessary to provide a process to address cities that have failed to fill vacant positions.

** City Council, School Board, and Community College Board Candidate Filings – The bill says city council, school board and community college board candidates will file their nominating petitions and affidavits, and objections and withdrawals, with the commissioner of elections (county auditor). Current law has city candidates filing with the city clerk and school board and community college board candidates filing with their respective school secretary. The clerk and secretaries then notify the county auditors. The clerk and secretaries are also where objections and withdrawals are filed. The Secretary of State says this change will provide for uniform review of the documents within each county and uniform filing location for all local elective offices.

** Changes Age to “Pre-Register” to Vote to 17 (Sections 8-12, 24, and 29) – Current law says that you can register to vote if you are 17½ years of age and will be 18 by the November election day. The bill changes this voter registration to 17 year olds. The Secretary of State says this is being done to allow for more clarity and convenience to students registering to vote and allows 17 year olds that are eligible to participate in the caucuses the opportunity to register at the caucus.

** Training of Election Officials – The bill requires authorities who control public buildings to allow county auditors to use the buildings or grounds for election training. These buildings are to be accessible to persons with disabilities. The Secretary of State says this would ensure the availability of space for necessary training of election officials. The bill specifically says for a period of 30 days prior to each scheduled election, and upon the application of the county auditor, the person in charge of a building or grounds must make them available for training courses for precinct election officials or other election officials. The training courses cannot interfere with previously scheduled events.

** Absentee Ballots, When Mailed – The bill prohibits absentee ballots from being mailed to a location within the U.S. any sooner than the 50th day before the election. Overseas addresses can be sent as soon as the ballot is printed. Current law says ballots can be mailed immediately after they are printed. The Secretary of State says this creates a uniform time frame statewide. The bill also clarifies that voting absentee at the county auditor’s office for primary and general elections can’t start more than 40 days before the election. This clarifies that the 40-day limit only applies to voting in person and the 50 days applies to sending out the ballots for voting at home.

** Satellite Voting Stations, Procedures –
>> Start Date. Satellite voting stations cannot be opened sooner than 40 days before election. This corresponds to voting in person at the auditor’s office.
>> Signing Petitions to Establish a Satellite Voting Site. Current law requires a petition signed by 100 eligible voters to establish a satellite site. The bill would require these 100 signatures be from residents of the jurisdiction conducting the election for which the satellite absentee voting station is requested. The petition must be on a form prescribed by the Secretary of State, and among other things, must include the contact information for the person circulating the petition. The county auditor must reject signatures if any information required to be on the form is not included. Each petitioner is limited to signing only one satellite voting petition for each election. Duplicate signatures on the same or subsequent satellite voting petitions for a particular election will not be counted.
>> Objections to Petitions. The bill provides a mechanism to file objections to petitions requesting satellite voting stations, which must be filed with the county auditor no later than the second day following the petition filing deadline. When objections are filed, notice must immediately be given to the person circulating the petition, as identified on the petition, and must include the time and place of the hearing at which the objections will be considered. The hearing must be held no later than one week after the objection is filed. These are to be filed on the auditor’s Web site and at their office.

** Vote by Mail for City Elections for Cities with 200 or Fewer Population – The bill creates a process for holding city elections within cities with a population of 200 or less by absentee ballot only. The city would have to adopt this by ordinance. If the city adopts the ordinance, the county auditor would mail every active registered voter (by forwardable mail) an application for an absentee ballot no fewer than 25 days before each regular city election or special election for the city. The letter must also indicate that voting in person can also be done on Election Day at the auditor’s office during the hours the polls are open. The county auditor may designate one additional Election Day polling location for in-person voting. The Secretary of State says this language is suggested to address concerns of some county auditor’s and small cities related to turnout and election cost.

** Repeals Party Affiliation on Absentee Ballot Envelope – The bill removes the requirement that an absentee ballot affidavit designate the voters’ party affiliation. The Secretary of State says this addresses concerns with ballots that are currently being rejected for failure to have a party stated, despite the voter’s indication of their party on the absentee ballot request form. Currently, some county auditor’s consider the party affiliation listed on the mailing label as meeting the requirements of the statute while others do not, leading to inconsistent treatment of voters in primary elections throughout the state.

** Effective Dates – Changing 17½ to 17 years old to register to vote is effective January 1, 2014, to avoid costs to the Secretary of State to re-program the I-Voter system. Currently, the Secretary of State has a contract with HP Saver on the I-Voter system. They will be redoing this contract after the 2012 election. [3/14: short form (Bertrand excused)]

HF 2427 makes changes to the regulations of electrical and mechanical amusement devices. A person who fails to include a security mechanism on an amusement device would be issued a letter of warning by the Department of Inspections and Appeals (DIA). If the person commits the offense again within two years, the DIA may deny, suspend or revoke the person’s registration. A person who commits the offense of awarding a cash prize, shall be issued a warning letter by the DIA. If the person commits the offense again within two years, they will have their registration revoked and will have their liquor license suspended for 14 days. [3/13: 13-0 (Bertrand, Kibbie excused)]

SF 2277 – Infusion of Liquor

FLOOR ACTION:

SF 2058 defines “private customer information” to include information identifying a specific customer and any record of a customer account, including Internet-based customer account information. This definition applies to a city or combined city utility or enterprise. These records shall not be subject to Iowa’s open records law. [3/5: 50-0]

SF 2277 allows a liquor control licensee to have mixed drinks or cocktails mixed on the premises that are not for immediate consumption but may be consumed on the licensed premises under certain conditions based on rules adopted by the Alcoholic Beverage Division. The rules are required to state that the mixed drinks or cocktails can be stored for a maximum of 72 hours in a labeled container in a quantity that does not exceed three gallons. The addition of caffeine, hallucinogenic substances or other added stimulants is prohibited. The licensee is required to keep records showing when the contents in the container were mixed and the recipe used for the mixture. [3/6: 48-2 (Dearden, Sodders “no”)]

SF 2122 – Out-of-State Certified Public Accounting Firms

SF 2121 – Office of Citizens’ Aide

SF 2126 – State’s Social Security Administrator

SF 2174 – Occupational Therapists

SF 2237 – Reporting of Social & Charitable Gambling

FLOOR ACTION:

SF 2011 adds an emergency manager who is a representative of the Iowa Emergency Management Association to the Interoperable Communications Board. The Governor appoints the member after consideration of recommendations from professional and volunteer organizations. The appointee serves a three-year term. [2/29: 50-0]

SF 2121 changes the name “Citizens’ Aide” to “Ombudsman” throughout the Code of Iowa. The office was established in 1972 and has become commonly known by and referred to as the “Ombudsman” by Iowa citizens, government officials and the media. [2/27: 50-0]

SF 2126 states that the actual costs incurred by the state agency (IPERS) as the state’s Social Security Administrator shall be paid as an expense authorized by the Executive Council. Costs for this section shall not exceed $10,000 per fiscal year. [2/27: 50-0]

SF 2122 exempts review services performed by out-of-state certified public accounting (CPA) firms from permit to practice requirements. Review services are required to be provided through a CPA firm that is validly licensed in its state of principal place of business and subjects the performance of such services to ownership and peer review provisions. This brings Iowa in line with 44 other states. [2/27: 50-0]

SF 2237 clarifies that reporting to the Department of Inspections and Appeals from licensees authorized to conduct social and charitable gambling is annual and based on Iowa’s fiscal year (July 1-June 30). Money collected that is not used for prizes and expenses is required to be donated, unless permission is otherwise granted, by the end of the state fiscal year and noted on the annual report. [2/28: 50-0]

SF 2174 updates Code chapter 148B, which regulates occupational therapists practicing in Iowa. Occupation therapy means the therapeutic use of occupations, including everyday life activities, to support participation, performance, and function in roles and situations in a variety of settings. The number of days a nonresident can perform occupational therapy services in Iowa is reduced from 90 to 30 days. A nonresident practicing in Iowa without a license must meet the requirements for certification as an occupational therapist or a certified occupational therapy assistant established by the National Board for certification in occupational therapy. [2/28: 50-0]

SF 2058 – Records of City Utilities

SF 2089 – Infusion of Liquor

SF 2090 – Duty of Reasonable Assistance

SF 2108 – Iowa Health Care Coverage Partnership Program

SF 2204 – Public Safety Training & Equipment Trust Fund

SF 2236 – Campaign Finance

SF 2237 – Reporting of Social & Charitable Gambling

SSB 3021 – Licensure of Ambulatory Surgical Centers

SSB 3078 – Direct Care Workers

SSB 3090 – Regulation of Residential Property

SSB 3095 – State Emergency Food Purchase Program

SSB 3114 – Licensing of Polysomnographic Technologists

SSB 3163 – Exclusion from Gambling Facilities

SSB 3164 – Internet Poker

SSB 3168 – Pilot Project for Alternative Project Delivery Processes

SSB 3170 – E911 Systems

SSB 3176 – Government Operations & Efficiency

SSB 3179 – Emergency Workers’ Bill of Rights

COMMITTEE ACTION:

SF 27 establishes a licensure system for individuals who install solar thermal systems. A solar professional is added to the current plumbing board, which is housed in the Department of Public Health. A solar professional is required to show proof of either the North American Board of Certified Energy Practitioners Solar Thermal Certification or the completion of Iowa community college 40-hour solar thermal coursework and two training installations or other coursework and training as approved by the Board. The solar professional is required to file an application and pay fees, which will be established by the Board. [2/21: 13-2 (Dix, Feenstra “no”)]

SF 2058 states that private customer information of a city or combined city utility or enterprise shall not be subject to Iowa’s open records law. Private customer information is defined as information concerning a specific customer, a specific customer account, or a specific user of an Internet site if the governing body of the city utility or enterprise has adopted a privacy policy defining such information as private customer information. [2/20: 15-0]

SF 2089 allows a liquor control licensee to have mixed drinks or cocktails mixed on the premises that are not for immediate consumption that may be consumed on the licensed premises under certain conditions based on rules adopted by the Alcoholic Beverage Division. The rules are required to state that the mixed drinks or cocktails can be stored for a maximum of 72 hours in a labeled container in a quantity that does not exceed three gallons. The addition of caffeine or other added stimulants is prohibited.  The licensee is required to keep records showing when the contents in the container were mixed and the recipe used for the mixture. [2/22: 12-3 (Fraise, McCoy, Sodders “no”)]

SF 2090 imposes a duty on a person who is present at the scene of an emergency or accident who knows that another person involved in the emergency or accident is likely to suffer or has suffered serious physical injury. The duty is that the person must, to the extent that he or she can do so without danger to self or others, give reasonable assistance to the injured person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. [2/20: 9-6 (party-line)]

SF 2108 establishes an Iowa Health Care Coverage Partnership Program in the Department of Administrative Services (DAS). The program allows employees, elected officials, retired employees of a nonstate public employer, and employees and retirees of a nonprofit employer to be considered state employees for the purpose of enrolling in a state pooled health insurance plan. The employer is required to apply for the coverage (three years), and all employees and elected officials of the employer must agree to enroll in a state health plan. Premium payments must be the same as for state employees. Each employer is required to pay monthly premiums and administrative fees to DAS. A nonstate public employer is defined as a political subdivision, including counties, cities, community colleges, quasi-public agencies and school districts. A nonprofit employer is a corporation organized or recognized as a nonprofit corporation under state or federal law. The effective date is January 1, 2013. [2/21: 9-6 (party-line)]

SF 2204 establishes a public safety training and equipment trust fund under the control of the Iowa Law Enforcement Academy Council. Thirty percent of the moneys collected from the state premium tax receipts on insurance policies, other than life insurance policies, are deposited in the fund. This is estimated to be $14 million annually. As much as 10 percent of the fund shall be allocated to capital projects for the facility needs of the Iowa Law Enforcement Academy. The remainder of the fund is used for training costs at the academy and for local government’s law enforcement personnel equipment costs, excluding vehicles. It is the intent of the Legislature that training costs incurred by a political subdivision be fully reimbursed and that remaining funds be used to reimburse law enforcement personnel equipment costs. [2/21: 9-6 (party-line)]

SF 2236 is proposed by the Iowa Ethics and Campaign Disclosure Board. Highlights include:

** Clarifying that reporting of gifts received on behalf of the state is monthly, only if gifts have been received. Electronic reporting is required.

** Defining “charitable” organization to mean an organization as defined in 501(C) (3) of the IRS Code.

** A person who makes independent expenditures and files the required statements and reports is not required to form a committee.

** Issue advocacy refers to all candidates not just candidates for the Legislature or a statewide office.

** The word “entity” is not a defined term. Therefore the word “person” is substituted, since it is defined and used throughout the Iowa Code.

** Independent expenditure reports are to include the name and address of each person who has made one or mare contributions to the person making the independent expenditure, when the aggregate amount in a calendar year is $200 or more, and the amount and date of each contribution. This mirrors current Federal Election Commission (FEC) law.

** An attribution statement on published material would now include radio ads and automated or live telephone calls. An attribution statement currently is required on television ads, newspaper and other print ads, direct mailings and other printed material.

** Clarifying that officials and employees of the executive branch are required to electronically report any gifts exceeding $100 in the aggregate in a calendar year.

** Requiring members of a temporary county redistricting commission to retain their entire work product relating to redistricting until the plan has been approved by the Secretary of State. Work product includes but is not limited to any written or electronic communication with any person regarding the redistricting process or plan. [2/20: 9-6 (party-line)]

SF 2237 clarifies that reporting to the Department of Inspections and Appeals from licensees authorized to conduct social and charitable gambling is annual and based on Iowa’s fiscal year (July 1-June 30). Money collected that is not used for prizes and expenses is required to be donated, unless permission is otherwise granted, by the end of the state fiscal year and noted on the annual report. [2/20: 15-0]

SSB 3021 requires the licensure of ambulatory surgical centers. A facility operated by a person licensed to practice dentistry is excluded. There is an annual license fee of $500. The facility is inspected by the Department of Inspections and Appeals. The bill takes effect July 1, 2013. [2/21: 15-0]

SSB 3078 requires individuals who provide direct care services for compensation to be certified as direct care associates. Higher levels of certification are available with advanced training and specialty endorsements. There are requirements for certification, renewal of certification, continuing education and reciprocity of certification. The Board of Direct Care Professionals is established and duties are outlined. There is a phased-in implementation. Public employees are exempt from this chapter but are allowed to establish certification through collective bargaining. [2/21: 9-6 (party-line)]

SSB 3090 relates to the authority of cities to regulate and restrict the occupancy of residential rental property. SSB 3090 would allow a city to regulate and restrict the occupancy of residential rental property on the basis of square footage. A city would be prohibited from adopting any regulation of the occupancy of residential rental property based upon the familial or nonfamilial relationships of occupants. [2/21: 15-0]

SSB 3095 establishes and funds a State Emergency Food Program:

** A total of $2 million is allocated to purchase and distribute product, as well as educate recipients on how to use the products to form and maintain a nutritional diet. This comprises:

>> $1.7 million to purchase nutritional products to be allocated to the eight Feeding America food banks affiliated with the Iowa Food Bank Association (IFBA) based on the federal commodities distribution formula.  There is an emphasis on products that originate from Iowa, or by purchasing the products will be of economic benefit to the state.

>> $200,000 for distribution and storage of products.

>> $100,000 in competitive grant funds to be distributed to emergency feeding organizations that wish to implement innovative nutrition education programs.

** Creates a 10 percent tax credit for farmers that donate products that are immediately consumable by individuals. [2/21: 10-5 (party-line, Bertrand “yes”)]

SSB 3114 was requested by the Iowa Sleep Society to create licensure for sleep medicine professionals in Iowa. Polysomnography, more commonly known as Sleep Study, is the evaluation of individuals with sleep disorders. Currently there are 231 sleep study professionals practicing in Iowa. It is expected that approximately 60 students will graduate annually from accredited programs. Sleep Study professionals would be licensed through the Respiratory Care Board. Three sleep study professionals and one at-large member would be added to the Board. [2/21: 9-6 (party-line)]

SSB 3163 changes the lifetime-only ban from gambling facilities. A person would have the option to voluntarily ban themselves for five years or for life. Iowa is one of two states that mandate a lifetime ban for a person choosing to do a voluntary statewide self-exclusion. Included is a provision requiring that a person signing for a second time is banned for life. Funds that are forfeited from jackpots won by an excluded patron are deposited in the Iowa Gambling Treatment Program within the Iowa Department of Public Health (approximately $180,000). [2/21: 15-0]

SSB 3164 authorizes Internet wagering in Iowa, when conducted by an Internet wagering licensee with requirements established by the Racing and Gaming Commission. This is to include security measures to ensure the integrity of Internet wagering and technical standards governing the technology used to conduct Internet wagering. Highlights include:

** Amending the definition of adjusted gross receipts. For Internet wagering, adjusted gross receipts means the gross receipts for Internet wagering on poker from rake and tournament fees less winnings and player incentives paid to wagerers. Other gaming adjusted gross receipts are defined as gross receipts less winnings paid to wagerers.

** Internet wagering: a method of wagering by which a person may establish an account, deposit money into the account, and use the account balance for wagering by utilizing electronic communication.

** Player incentives: for Internet wagering, any bonuses, rewards, prizes or other types of promotional items provided to a person engaging in Internet wagering by an Internet wagering licensee as an incentive to engage in Internet wagering.

** Rake: a set fee or percentage of the pot assessed by an Internet wagering licensee for providing the Internet wagering services to a person engaging in Internet wagering for the right to participate in Internet wagering.

** Tournament fee: A set fee assessed to a person engaging in internet wagering by the Internet wagering licensee for providing internet wagering tournament services.

** An Internet wagering licensee is required to comply with the following:

>> Internet wagering shall be limited to wagering on poker and all of its variations, including but not limited to Texas hold’em, Omaha hold’em, draw poker and stud poker.

>> Internet wagering is required to be conducted by the licensee through a single Internet site.

>> Internet wagering shall be limited to only persons who have registered with the licensee to engage in Internet wagering. To register, a person is required to provide sufficient information to the licensee to verify that the person is at least 21 and is otherwise authorized to engage in Internet wagering in Iowa.

>> If an Internet wagering license is issued to one licensee authorized in Iowa, adjusted gross receipts received by the gambling games licensee from Internet wagering each fiscal year shall be added to the adjusted gross receipts received by the licensee from gambling games other than from Internet wagering for purposes of imposing a tax on the adjusted gross receipts received by the licensee as provided in 99F.11 (22 percent or 24 percent). [2/21: 11-4 (Hatch, Feenstra, Chelgren, Smith “no”)]

SSB 3168 makes changes to public construction bidding. Design-build services are added to the list of services exempt from competitive bidding. Professional services that are exempt from competitive bidding are required to be procured utilizing a qualifications-based and direct negotiation selection process. The selection process is conducted in two stages. First, the governmental entity is required to use a qualifications-based approach through a selection committee to select three qualified entities. Second, the governmental entity is required to negotiate with the highest ranked firm. If the negotiations are unsuccessful, the government entity can proceed to the next highest ranked firm. An alternative project delivery pilot program is established. Design-build services are defined as an alternative project delivery method in which both design and construction services are provided under one contract. The Department of Administrative Services (DAS) and the Regents are authorized to utilize alternative project delivery selection methods from July 1, 2012, through June 30, 2016, for public projects. The Regents are authorized to select up to three public projects, and DAS is authorized for one public project during each fiscal year. The allowed methods are construction management at-risk, design-build qualifications-based, design-build best value-based, and design-build bridging-based. A 10-member advisory committee is established. The advisory committee is required to submit an annual progress report to the Legislature. The bill appropriates $10,000 annually to DAS and $30,000 annually to the Regents from the Infrastructure Fund to cover expenses related to the pilot project. [2/21: 10-5 (Bertrand “yes”)]

SSB 3170 makes several changes relating to enhanced 911 emergency telephone systems. Most of the changes are updating Code sections to reflect current terminology. Emergency Communication services surcharge is increased from $.65 per month to $1 per month on wireless communications, to match the fee on land line communications.  The requirements that up to $500,000 annually be applied to specified outstanding wireless E911 phase 1 obligations; and that as much as  $159,000 per quarter be allocated equally to joint E911 service boards are deleted, since they are no longer needed. Hardware and software for an Internet protocol-enabled next generation network is added as permissible uses of carryover operating surplus moneys. [2/21: 9-6 (party-line)]

SSB 3176 makes a number of changes to promote efficiency in state government operations. Highlights include:

** Department of Administrative Services (DAS) is to encourage agencies to utilize duplex printing, among other strategies to reduce printing costs.

** Requires DAS to establish a schedule by which all departments are required to comply with IT regulations/changes. The schedule shall provide for implementation of the requirements by December 31, 2013. DAS is required to submit a copy of the schedule to the Legislature by July 31, 2012, and is required to provide periodic updates to the Legislature. DAS is required to explore strategies of procuring IT through leasing.

** Codifies the MTM pilot program which has been implemented through DAS for state employees. Effective upon enactment. DAS is to use an RFP process.

** Requires DAS to conduct a high-level needs analysis of state employee work stations and office standards by September 30, 2012. DAS is to focus on reducing square-footage needs and creating healthy, productive and efficient work environments. Overall objects are to include improving employee density; properly allocating space for individual and group work; improving worker health and safety; improving technology integration; and improving energy efficiency and sustainability in state offices. Findings and recommendations are to be submitted to the Capitol Planning Commission and to the Legislative Government Oversight Committees by October 30, 2012.

** State departments and agencies shall not, unless otherwise required for purposes of pursuing legal action or by federal law, provide notices or information by mail. Departments are required to provide information or notices through the Internet or through e-mail.

** Deletes the IJOBS Board and transfers authority and duties to the Iowa Finance Authority.

** Transfers the Office of Drug Control Policy to the Department of Public Safety. The salary of the Drug Policy Coordinator is set by the Governor.

** The Department of Agriculture and the Department of Education are required to seek financial or in-kind contributions to support the Farm-to-School program. The Farm-to-School Council is struck.

** Repeals 15.112 (Farmworks matching funds; 15C: World Trade Center; 15D: Midwest Nuclear Compact). [2/21: 9-6 (party-line)]

SSB 3179 is referred to as the emergency workers’ bill of rights.  Highlights include:

** Transferring $750,000 of FY12 Health Information Technology System appropriation for EMS training for communities with populations under 9,000.

** Adding one member who is an emergency manager and a representative of the Iowa Emergency Management Association to the Statewide Interoperable Communications System Board. Members representing state agencies and appointed by the Governor are required to be employees of the agency, department or office represented.

** Beginning July 1, 2014, there is appropriated from the Taxpayers Trust Fund to the General Fund enough to cover the amount of credits claimed under the volunteer fire fighter and volunteer emergency medical services personnel income tax credit. The annual amount is capped at $60 million.

** Establishes a volunteer fire fighter and volunteer emergency medical services personnel credit equal to $500 to compensate the taxpayer for the voluntary services if the volunteer served for the entire tax year. This division applies to the tax years beginning January 1, 2013.

** Community colleges and the Board of Regents are to adopt rules to waive tuition and mandatory fee charges for any student who is an Iowa resident; is under the age of 26, or under 30 if the student is a veteran; is not a convicted felon; and is the child of an individual who died in the line of duty.

** Local governments are to allow any child of an eligible deceased employee to continue participation in the group health care plan at the employer’s expense until the child is 26. “Eligible deceased employee” is defined as an employee who died in the line of duty as defined by Iowa’s public retirement systems. This includes IPERS, the 411 Retirement System and the Peace Officer Retirement System (PORS). This applies to children of an eligible deceased employee who died on or after July 1, 2012.

** Stating that an Emergency Management Commission member may designate an alternate to represent the designated entity. Funding decisions may only be made by a commission member or a designated alternate that is an elected official from the same designated entity.

** Emergency management budgets are required to be funded as determined by the commission (current Code is “may”). The provision requiring the supervisors to approve the special levy is struck. Allows a countywide special levy if the county’s basic levy is insufficient. Emergency management budgets would not be approved by the county supervisors. Joint emergency response communication services are to be funded according to a 28E agreement.

** Requiring the Department of Human Services to adopt rules for the IowaCare program to include ambulance transportation to and from a participating provider.

** Allowing a township to charge a user fee for fire or emergency management services (similar to SF 2012).

** These sections would change the law and allow townships to impose service charges and/or a levy in an amount that is sufficient to meet the financial obligations stated in a 28E agreement for fire and emergency management services. Currently the Code allows them to impose a levy. A county that is providing fire protection or emergency medical service to a township is authorized to impose the same service charges authorized for townships. A service charge collected shall not exceed an amount equal to the actual expense incurred by the township to provide the service. The state fire service and emergency response council is required to develop guidelines for townships to follow when authorizing service charges for fire protection or emergency medical service. Counties may now impose service charges, levy taxes in a township or both for fire protection and emergency medical services.

** A moving traffic violation in an emergency services zone is doubled (the same as a road work zone). [2/21: 9-6 (party-line)]