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2018 Weekly Bill Tracking, Thurs. April 5 – Wed. April 11

April 12, 2018 4:12 pm by: Category: 2018 Session Information, Recent News Leave a comment A+ / A-

WEEKLY BILL TRACKING

Thurs. April 5 – Wed. April 11, 2018

HOUSE DEMOCRATIC RESEARCH STAFF

Appropriations

HSB 687      Agricultural Property Offense Surcharge. Creates a 35% surcharge for theft of agricultural property, criminal mischief against agricultural property. The additional revenue from the surcharge will go the Judicial Branch. (Passed Committee 24-0) to House Appropriations Calendar.

HF 2480       Manufactured Housing Fund. This legislation creates a Manufactured Housing Fund under the Iowa Finance Authority and sets up a funding mechanism to work with financial institutions to help finance manufactured homes by an individual. (Passed the Senate 41-7, Passed the House 96-0) to Governor.

Commerce Committee

HF 2379       Municipal Utility Retirement System. Allows for the merger of electric utility retirement system with IPERS. (Signed, effective 7-1-18).

SF 2169       Dram Shop Liability. Caps Insurance Coverage Amount for Dram Shop liability. (Signed, effective 7-1-18).

Education

HF 2441       Flexibility Fund. Addresses guidance issued by the Department of Education, and allows greater flexibility of funds to flow into the flexibility fund that could be used for a general fund purpose, including the class size reduction program.   Salary and benefits of security personnel, psychologists, licensed independent social workers, master of social workers and licensed mental health counselors may now be paid for with at-risk funds. The bill also expands the ability of school districts to lease property to now include existing school property, and creates greater flexibility for At-Risk funds and allows a school to lease a building for an alternative energy project. Materials purchased with HSAP funds may be used in a general education setting. (Signed, various effective dates)

HF2442        Concussion Protocols and Coaching Licensure. Requires the Department of Public Health (DPH), the Iowa High School Athletic Association, and the Iowa Girls High School Athletic Union to work together to develop training materials and courses regarding concussions and brain injuries and return to play protocols. A coach or contest official is required to complete such training at least every two years. A student removed from sports participation cannot recommence until they are evaluated by a license health care provider, which would now include an EMT. So long as the health care provider providing care without compensation from a school district or accredited nonpublic school at a sporting event acts reasonably, they would not be liable for injuries or damages arising out of such care. DPH would become the lead agency in developing a “Return to Play” protocols, and they would adopted by school districts and accredited nonpublic schools by July 1, 2019. The bill adopts the Brain Injury Alliance of America “return to learn” protocol. The information sheet provided to schools would be for grades 7-12. The House amendment adds that health care provider would be someone who is under a prearranged agreement. Where a school district would not be liable if the health care provider schedule prevents them from attending due to “unforeseen circumstances,” that the “unforeseen circumstance” must be documented. (passed House 96-2) to Senate with House amendment

HF 2467       Food Shaming in School Meal Programs. School Districts and non-public schools would be required to provide communication on school lunch accounts directly to the parent or guardian, but could still discreetly provide communication to the student. Requires that a school cannot publicly identify or stigmatize the student for being delinquent in their meal account. This would include, sitting at a separate table, or requiring a student to do chores for food, wear a wrist band, hand stamp, or other identifying marks. A student could also not be denied participation in afterschool program or other extracurricular activities due to school meal debt. Meals provided are encouraged to be a reimbursable meal. An alternative meal could still be provided, but would now have to be offered to every student in a manner that does not identify a student with a debt. It allows school districts to set up a private fund within their nutrition fund that could accept donations to offset school lunch debt, and the fund can only be used for that purpose, and a school is allowed to also reimburse that fund with moneys from their flexibility fund.  The House concurred with the Senate amendment that addressed which staff could provide assistance to parents on applying for Free and Reduced Priced Lunch, and removes the cap on the amount for a school to proceed with an income-offset to collect if reasonable attempts have been made to collect the debt. It removes provisions that allowed the point of service before a student received their food, and required the Department of Education to consult districts on providing a reimbursable meal. (passed House 96-0) House concurred with Senate amendment, to Governor

HF 2481       SAVE Extension, Property Tax Relief and Additional Public Hearing. The Secure an Advanced Vision for Education (SAVE) fund sunset is extended to January 1, 2050. Keeps the 2.1% that goes
from SAVE to Property Tax Equity Relief (PTER) now, then if there is 2% growth in SAVE, 1% in the first year would be divided 2/3 to PTER and 1/3 statewide for all districts. This additional diversion would continue until 12% is reached.  The bill addresses the revenue purpose statement of a SAVE project to the electors, and requires an additional public hearing with notice. Creates a $1 million grant program first year, and capped at $5 million after that for Career Academies. SAVE uses for athletic infrastructure Construction would be allowed for “replacement” or “upgrade,” but not include repair or maintenance of an existing facility. As passed the House, the bill clarifies that the amount in property tax relief would not supplant the Property Tax Relief Payment but supplement and clarifies the ability to use SAVE for school security purposes. (passed House 95-3) to Senate Caldendar

SF 2364       School Emergency Operation Plans. Public and non-public schools would have to develop emergency operations plans no later than June 30, 2019 and update it annually. It will include response to active shooter training. The plan would include publication of the procedures to parents and guardians and school personnel. The school is to consider any recommendations from the Department of Education and consult with local emergency management. School board or private school authorities would determine which school personnel, students or local law enforcement agencies participate in an annual drill. The drill conducted could include table top exercise, walk-through, partial or full drill. (Signed, effective 7-1-18)

Environmental Protection

HF 2464       Land Recycling Program Fees. Increases the reimbursement fee that is paid to the Department of Natural Resources as part of the land recycling fee. (Signed, effective 7-1-18)

Government Oversight

HF 2475       Lobbyist Registrations. Closes a loophole of who should be registering as a lobbyist and updates gift language (passed House 97-0) to Senate Calendar

HF 2477       Whistleblower Protections. Clarifies that any disclosure to the auditor of state regarding potential misconduct, that the auditor must keep all identities and complaints confidential. (passed House 97-0) to Senate Calendar

HF 2484       Building Code Advisory Council. Allows Building Code Advisory Council members to propose amendments to the state building code. (passed committee 5-4) to House Calendar

HJR 2011     ABATE House Joint Resolution. Authorizes temporary sale of merchandise at toy benefit ride for Iowa children. (passed committee 9-0) to House Calendar

HSB 688      Temporary Permits to Practice Cosmetology. Authorizes temporary permits to be issued to provide cosmetology services at a not-for-profit event. (passed committee 9-0) to House Calendar

Human Resources

HF 2414       Medical Support Obligation-Public Health Coverage. DHS bill that requires the state of Iowa and the Child Support Recovery Unit (CSRU) to consider public health coverage when determining a medical support obligation. Currently, they only consider private health coverage.  Also adds the definition of “cash medical support.”  (Signed, effective 7-1-2018)

HF 2427       Background Checks and Free Clinics. Allows free clinics to use the full version of SING (Single Contact Repository) to process volunteer background checks.  These clinics currently have access to the criminal checks, sex offender registry, and health license verifications with the program but they cannot access child abuse and dependent adult abuse records in the SING system. (Signed, effective 7-1-2018)

HF 2444       Mandatory Reporting, Child Care Workers. Expands mandatory reporting requirements to those that work in a children’s residential facility and expands the list of offenses that ban people from working in child care to those on the sex offender registry and have an arson conviction. (Signed, effective 7-1-2018)

SF 2203       Nurse Refresher Course. Allows the Board of Nursing to issue a limited nursing authorization to a nurse who is working to complete the clinical component of a nurse refresher course.  These refresher courses are required to be taken by any person who has not held an active nursing license within the previous five years. (Signed, effective 7-1-2018)

Judiciary

HF 2233       Mechanics Liens Demands and Public Construction Lien Requirements. Allows for decrease of the amount demanded in a lien without affecting the priority of the lien and requires a public corporation must retain funds due to a supplier for labor, service, or transportation and requires specific types of notice by the contractor. (Signed, effective 7-1-18)

HF 2381       Disposition of a Child Found to Have Committed a Delinquent Act. Changes the transfer of “guardianship” of a child to the Department of Human Services for placing a child in a facility to transferring the “custody” of the child to DHS. (passed Senate 46-0) (Signed, effective 7-1-18)

HF 2402       Power of Attorney and Elder Abuse. Terminates an agent’s authority under a power of attorney if the agent is found to have committed dependent adult abuse. (Signed, effective 7-1-18)

HF 2404       Restitution Awards Reduced by Insurance. Prohibits a restitution award to be reduced by any third-party payment, including insurance. (Signed, effective 7-1-18)

SF 2165       Crime Victim Compensation Fund Updates. Makes changes to the crime victim compensation fund to expand eligible survivors and clarify what expenses can be paid by the fund. (Signed, effective 7-1-18)

SF 2175       In Kind Property Partitions. Creates a process to allow in kind partitions of property and partitions of property by sale. (Signed, effective 7-1-18)

SF 2177       Modifications to Consumer Security Freezes. Makes changes to consumer security freezes and security breech protections. (Signed, Various Effective Dates)

SF 2229       Mechanic’s Liens and Collateral Security. Removes the current prohibition on obtaining a mechanic’s lien if a person takes collateral. (Signed, effective 7-1-18)

SF 2230       Kidnapping Under the Age of 18. Increases the penalty for kidnapping a victim under the age of 18 to a class “B” felony. (passed House 82-16) to Governor

SF 2241       Board of Parole Update. Makes changes to parole violations and procedures of the Board of Parole. (Signed, effective 7-1-18)

Labor

HF 2297       Boiler Inspections. Increases the threshold for boiler inspections and changes procedures for boilers in dry layup (Signed; effective 7/1/18)

Local Government

SF 2226       Ground Water Hazard Statements. Of the records within the County Recorder, the bill exempts ground water hazard statements from their reporting format requirements. Ground water hazard statements are required as part of the reporting of private burial sites, wells, disposal sites, underground storage tanks, hazardous waste, and private sewage disposal systems. Under that code section, a County Recorder, is required to refuse to record any deed, instrument, or writing for which a declaration of value unless the groundwater hazard statement has been submitted to the County Recorder. (Signed, effective 7-1-18)

HF 2258       Flood Mitigation Funds. Currently governmental entities can seek approval of flood protection projects and the use of certain sales tax increments from the flood mitigation fund. The bill adds the ability to have the fund reimburse costs of the approved project incurred after the projects approval.  The House concurred with the Senate amendment that clarifies that the funds could be used to reimburse the governmental entity for funds advanced internally or to help make payments on bonds incurred to pay for approved projects. (passed House 96-0 ) House concurred with the Senate amendment, to Governor.

Natural Resources

HF 2371       Exempting the State and Municipalities from Liability Due to Honeybee Hives. This bill amends the Iowa Tort Claims Act and the Municipal Tort Claims Act. State and municipality property would be exempt from liability claims relating to honeybee hives purposely placed on public property as long as the hive owner and the state acted in good faith. (passed Senate47-1) to Governor

SF 2389       Department of Natural Resources Setting Fees at State Parks and Recreation Areas. This bill gives the Department of Natural Resources the ability to set fees at state parks and recreation areas. (passed House 89-8) to Governor

Public Safety Committee

HF 2392       Mechanical Eavesdropping. Allows for the collection of audio from a legally placed surveillance camera/video. (Signed; effective 7/1/18).

SF 481          Anti-Sanctuary Cities. Requires local law enforcement to comply with Federal detainer requests and adds penalties for non-compliance. (Signed; effective 7/1/18).

State Government

HF 2277        State Archivist. Makes certain records that are in the possession of the state archivist and at least 75 years old, available to the public. Also allows for fetal death records at least 50 years old available to the public. (Passed the House 97-1) to Governor.

HF 2349        Voluntary Exclusion. Changes the maintenance of the self-exclusion list for Iowa casinos from the licensed casino to the Racing and Gaming Commission. (Signed, effective 7-1-18)

HF 2425        Physical Therapist Compact. Sets up the parameters of Physical Therapist licensure compact in the state. (Signed, effective 7-1-18)

SF 2347         Personal Importation. Sets the limit on the amount of liquor, beer, and wine that can be personally imported from out of state and consumed in state for personal consumption. (Signed, effective 7-1-18)

SJR 2006       Line of Succession. Establishes a Governor can appoint a Lieutenant Governor and sets up the line of succession for the office of the Governor. (Passed the House 57-40) to Senate with House Amendment.

Transportation

HF 2256       County Reports on Bridges. Eliminates a sunset on reports on county bridges to the DOT from county engineers. The legislation also directs the DOT to look at the impact of hybrid, electric, and other high efficiency vehicles on the Road Use Tax Fund. (Signed, effective 7-1-18)

HF 2304       Move Over Law. Expands the “move over” law to include private construction as well as an individual’s private vehicles. A driver must now use due care while passing a person working on their car on the side of the road so long as that person is using their emergency flashing lights. (Signed, effective 7-1-18)

SF 2271       Motor Carrier. Updates regulations on taxis and motor carrier, including having an interstate motor carrier number. (Signed, effective 7-1-18)

SF 2293       Motor Vehicle Dealers. An agreement that regulates record keeping and recalls for motor vehicle dealers. (Signed, effective 7-1-18)

Ways & Means

HF 495         Beginning Farmer Tax Credit. Makes changes to the beginning farmer tax credit program and extends program to 2023 (Passed Committee 22-1) to House Calendar

HF 2464       Land Recycling Program Fees. Increases the reimbursement fee that is paid to the Department of Natural Resources as part of the land recycling fee. (Signed, effective 7-1-18)

HF 2481       SAVE Extension, Property Tax Relief and Additional Public Hearing. The Secure an Advanced Vision for Education (SAVE) fund sunset is extended to January 1, 2050. Keeps the 2.1% that goes
from SAVE to PTER now, then if there is 2% growth in SAVE, 1% in the first year would be divided 2/3 to PTER and 1/3 statewide for all districts. This additional diversion would continue until 12% is reached.  The bill addresses the revenue purpose statement of a SAVE project to the electors, and requires an additional public hearing with notice. Creates a $1 million grant program first year, and capped at $5 million after that for Career Academies. SAVE uses for athletic infrastructure Construction would be allowed for “replacement” or “upgrade,” but not include repair or maintenance of an existing facility. (passed House 95-3) to Senate Calendar

HF 2486       Textbook Sales Tax Exemption. Exempts instructional materials required for instruction at a postsecondary institution from sales tax. (passed Committee 23-0) to House Calendar

SF 2388       Telecommunications Tax Exemption. Changes the assessment of telco property from central assessment to local assessment and phases out the taxation of certain telco property. (passed Committee 14-9) to House Calendar

SF 2389       Department of Natural Resources setting fees at state parks and recreation areas. This bill gives the Department of Natural Resources the ability to set fees at state parks and recreation areas. (passed House 89-8) to Governor

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