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2018 Weekly Bill Tracking, Thurs. March 1 – Wed. March 7

March 8, 2018 4:00 pm by: Category: 2018 Session Information, Recent News Leave a comment A+ / A-

WEEKLY BILL TRACKING

Thurs. March 1 – Wed. March 7, 2018

HOUSE DEMOCRATIC RESEARCH STAFF

Agriculture

HF 2408       Sale of Eggs. Requires that a business that accepts WIC maintain an inventory of regular eggs. (passed Senate 32-17) to Governor

Appropriations

HF 2346      Iowa Department of Veterans Affairs Departmental Bill.  Increases the number of representatives on the Veterans Commission from nine to eleven, increases the amount the  Commission can spend out of the Trust Fund every year from $300,000 to $500,000, adds rental application fees and fees needed for obtaining rental housing to prevent homelessness as an acceptable Trust Fund expenditure.  (passed House Appropriations Committee 23-0) to House Appropriations Calendar

HF 2406       Adds Social Workers as a Shared Position Under Operational Sharing. The Operational Sharing Program allows school districts to share positions to reduce administration costs with a state incentive. The bill adds Social Workers to the list of positions that could be shared, and a school district could receive weighting of three pupils under the formula. As amended includes Master Social Workers and Independent Social Workers. (passed House 96-0) to Senate.

Commerce Committee

HF 2234       Foreclosure and Redemption. Shortens the amount of time someone has to prevent foreclosure. (passed House 57-39) to Senate.

SF 2257       Handy Bill. Allows for app based market place contractors and defines them as independent contractors. (passed Committee 21-0) to House calendar.

HF 2307       Sale or Acquisition of Utilities. Sets up standards for the regulation for a public water utility. (passed 96-0) to Senate.

HF 2446       Iowa Utilities Board. Utilities Omnibus bill. (passed House 96-0) to Senate Ways and Means Committee.

Education

HF 2230       State Supplemental Aid (SSA). Establishes a 1% increase in SSA for K-12 schools for FY 2019. This is a $67 increase in the state cost per pupil to $6,731, and an overall state aid dollar amount increase of $31.96 million. Due to the low increase, 183 of the 333 school districts (55%) would be on the budget guarantee, which is made up entirely from local property taxes to reach the 101% funding level provided by the guarantee. Signed by Governor

HF 2280       Teacher Praxis Test for Licensure Eliminated. Eliminates the requirement that teacher prep programs administer the Praxis test for teachers as a requirement to become a licensed teacher. It does not replace it with any other test form. Currently a licensed Iowa teacher needs to pass the Praxis test at the 25th percentile based on a three year national rolling average. The bill is retroactive to 2012. (passed House 55-42) to Senate Floor, Passed on File

HF 2283       Board of Education Examiners (BOEE) License Expiration. The bill removes the exact expiration month tied to a practitioner’s birthday for a license. They would not have to pay for an extension to cover the time lapse which would now be tied to the end of an academic year. (passed House 96-0) to Senate, passed on file

HF 2354       Student Data Privacy. The bill attempts to protect student privacy in a school setting with a private provider of technology services. Similar to what has passed in 15 other states, the bill places restrictions on third parties that receive student data. It would prevent targeted advertising and disclosing covered information, but it does not prevent an operator from maintaining developing or supporting a site. (passed House 95-0) to Senate Education Committee

HF 2441       Flexibility Fund. Addresses guidance issued by the Department of Education. Funds from the Early Childhood Intervention fund is allowed to flow into the flexibility fund, and could be used for a general fund purpose. 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. Currently a school board has to pay out a portion of the lease agreement profit to other political subdivisions. Only if the request violates the school district’s adopted program plan may the School Budget Review Committee return the request for approval. The bill provides that this would not apply for projects designed to generate electricity for a school district, which could be for example, a solar power project. Excess fee money in a child care fund may be transferred to the general fund. Before a school district may execute this action, they must hold a public hearing and pass a resolution. Materials purchased with HSAP funds may be used in a general education setting. (passed House 97-0) to Senate Education Committee

HF2442        Concussion Protocols and Coaching Licensure. Requires the Department of Public Health, 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. So long as the health care provider providing care without compensation from a school district or accredited nonpublic school acts reasonably, they would not be liable for injuries or damages arising out of such care. (passed House 95-0) to Senate Education Committee

SF 2131       Home School ILO Expansion. The Department of Education’s (DE) Iowa Learning Online (ILO) initiative would be expanded to allow home schoolers access to the program. The person providing the instruction would receive the student’s scores for completed coursework.   Currently, only school districts and accredited nonpublic schools may partner with the initiative to receive ILO classes, and the participating school district, or nonpublic school receive the grades for recording for graduation. Under the bill, a person providing the instruction would receive the student’s scores for completed coursework for the home school student. The fee charged to the parent or guardian will be the same charged for public schools, private schools of $260. Fees collected will not exceed the cost of administration. A work group is created by the Area Education Agencies with community colleges to identify effective ways to access online education. (Senate Concurred 50-0) to Governor

SF 2171       Praxis II One-Year Waiver for Out of State Applicants. Requires the Board of Educational Examiners to establish a one-year waiver for out of state applicants who have attended a teacher prep college, but have yet to complete successfully the Praxis II exam. Applicants have to provide proof that a public or nonpublic Iowa school has made an offer of a teaching contract. (Passed Senate 46-3) to House Education Committee

SF 2318       Graduation Credit for a Unit at Any Grade Level, Local Decision Removed. Removing the local school districts decision on graduation credits, the Iowa State Board of Education would require by rule that any student at any grade level who satisfactorily completes a high school-level unit of instruction would satisfactorily completed a unit of the high school graduation requirements.   Nonpublic schools are exempt from this requirement. (passed Senate 47-2) to House Education Committee

SF 2344       Public Speech at Public Higher Education Institutions. Allows a club to receive tax payer dollars as a registered club and they would be able to decide who is in their leadership and they would be allowed to discriminate against someone based on the clubs values, which could include race, or sexual preference. Addresses public forums, freedom of expression, and freedom of association at public community colleges and universities. This bill creates a new Code chapter requiring the boards governing public postsecondary institutions to adopt a policy that includes statements describing the functions and rules of institutions with regard to learning; protected speech; the freedom to discuss issues within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place and manner of expression; freedom to assemble and engage in spontaneous expressive activities that are not unlawful and do not disrupt the functioning of the institution; and public areas of campuses as traditional public forums. (passed Senate 29-20 to House Education Committee

SF 2361       Financial Literacy Class No Longer Free, Required Class for All Students. Currently all students enrolling at a Regent institution are required to take financial literacy training, which is offered free for all incoming students. The bill would now require all students to register for a financial literacy class. The bill requires information be provide on a student’s field of study. (passed Senate 39-10) to House Education Committee

SF 2362       Open Educational Resources at Higher Education Institutions. Establishes requirements relating to the use and identification of open educational resources by Iowa’s postsecondary institutions. It requires them to report to College Student Aid Commission identified courses that will utilize open educational resources, where the institution provides information for course registration, which may be on the internet. Each institution is required to develop and implement, a five-year plan to increase the number of courses utilizing open educational resources. (passed Senate 49-0) to House Education Committee

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. (passed Senate 50-0) to House Education Committee

Environmental Protection

HF 2303       DNR Policy Bill. Updates DNR policy related reports filed with the Legislature, clarifying what constitutes recycling facilities, and places the geological survey at the University of Iowa.  (passed House 97-0) to Senate Calendar

Human Resources

HF 2399       Eldora State Training School. Department of Human Services (DHS) bill. Eliminates references to Toledo state training school from the Code and establishes Eldora as the state training school for boys.  According to DHS, this bill more accurately describes the mission of the school and that boys who come to this facility have delinquent behaviors that need to be treated.  Adds a section that allows for confinement to students who present a danger to the community. (passed House 59-38) to Senate Human Resources Committee

HF 2449       Office of Substitute Decision Maker. Department of Aging bill-code clean-up.  Changes the name of the Office of Substitute Decision Maker to the Office of Public Guardian.  Clarification that allows local offices to use their own attorney if they wish. (passed House 97-0) to Senate Human Resources Committee

HF 2451       Department of Aging Bill. Clarifies programs within the Department of Aging, adds flexibility to spending of state funds by changing “formula” to “method,” language conforming to federal laws.  (passed House 96-0) to Senate Human Resources Committee

SF 2228       Genetic Counselors Licensure. Provides licensing to Genetic Counselors. (passed House Human Resources Committee 19-0) to House Calendar

SF 2298       Board of Pharmacy Bill. Board of Pharmacy bill that adds a certified pharmacy technician to the Board, aligns state law with federal regulations and creates a category for “third-party logistics.” (passed House Human Resources Committee 19-0) to House Calendar

SF 2334       Licensing of Hospitals. Closes loophole in current licensing chapter by mandating that if an organization changes the type of service they provide, they must complete another Certificate of Need. (passed House Human Resources Committee 19-0) to House Calendar

Judiciary

HF 2199       Illegal Use of a Scanning Device. Expands the crime and penalties for illegal use of a scanning device. (passed Senate 49-0) to Governor

HF 2284       Statute of Limitations for Rent Claims. Strikes the five year statute of limitations for bringing judgments for rent. (passed House 82-15) to Senate

HF 2397       Criminal History for Employers. Prohibits information on the criminal history of an employee from being used as evidence in a civil action against an employer. (passed House 95-1) to Senate Judiciary Committee

HF 2450       DNA Testing Procedures. Changes the process for a defendant filing a motion for an order to require DNA analysis after conviction. (passed House 97-0) to Senate

HF 2457       Substantive Code Corrections. Makes substantive corrections to the Code. (passed Senate 50-0) to Governor

SF 2098       Probate Updates for EDMS. Updates probate procedures to comply with the Electronic Document Management System. (passed House 95-0) to Governor

SF 2135       Damages When Failing to Wear a Safety Belt. Changes the percent that a damage award may be reduced in a comparative fault case when a plaintiff fails to wear a safety belt or safety harness. (passed House 58-38) to Governor

SF 2139       Power of Attorney Relinquishing Rights. Clarifies that a power of attorney may relinquish rights of dower, homestead, and elective share. (passed House 97-0) to Governor

SF 2177       Modifications to Consumer Security Freezes. Makes changes to consumer security freezes and security breech protections. (passed House 96-0) to Senate Calendar

SF 2318       Tax Sales Involving Minors or Unsound Mind. Changes the mechanism for minors or persons with unsound minds to redeem parcels of real estate sold at tax sales. (passed Committee 97-0) to Governor

SF 2378       Terms of Office of Corporations Boards. Amends special requirements governing the terms of office of certain public corporation’s board of directors. (passed House 98-0) to Governor

Local Government

HF 2253       Leased-Purchase Agreements Eliminated. Eliminates the current competitive bid process exemption for the ability of cities, counties, Board of Regents, community colleges and school districts to do leased-purchase agreements.  A public improvement project to include construction work, whole or in part, with funds of a governmental entity. Eliminates the ability to lease a building through a project. As amended by the House, all Urban Renewal projects would be exempt from the prohibition. (passed House 57-39) to Senate State Government Committee

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.  It gives them flexibility use these funds to reimburse other city funds to pay for projects. (passed Committee 96-0) to Senate Local Government Committee

HF 2372       County Supervisor District Plans. The only one way would be allowed for a county to change the plan selected by the board is through a special election.  Current law allows the board to change the plan after it had been in effect for six years (a change sooner than six years can still occur under current law by special election only).  After the next census, the bill requires the Legislative Service Agency to draw the lines if the county has a population requirement of 60,000 or more, and requires these counties to be “plan three.”   “Plan three” is where a member of the County Board of Supervisors represents an equal portion district and elect members by those districts. Counties 60,000 or more would include Polk, Linn, Scott Johnson, Blackhawk, Woodbury, Dubuque, Story, Pottawattamie, and Dallas. In addition, all districts that are currently under “plan three” would also have to have the Legislative Service Agency to draw the lines. (passed House 58-34) to Senate

SF 2059       Assessors Assessment Electronically. Allows a County Assessor to provide an assessment, notice or other information electronically instead of through regular mail. It applies to items not required to be communicated by the assessor by law, and they could still be provided through regular mail. Information disclosed electronically is not public records. (passed House 97-0) to Governor

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. (passed Senate 50-0) to House Local Government Committee

SF 2227       Counties Publishing of Supervisors Resolutions. Currently the County Board of Supervisors are required to publish one week after a meeting a copy of their proceedings. The bill requires the county auditor to include a summary or complete text of the resolutions for publication. If the county has a website, they need to post it on their website. (Passed Senate 49-0) to House Local Government Committee

Natural Resources

HF 2365       Department of Natural Resources Conservation and Recreation Policies. Currently the Department of Natural Resources has to pull from several different Code sections in order to have the authority to execute agreements and contracts, this bill puts that authority into one Code section. The bill also repeals the Mississippi River Partnership Council and the Brushy Creek Recreation Trails and Advisory Board. (passed House 85-11) to Senate Natural Resources and Environment Committee

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 House 96-0) to Senate Local Government Committee

HF 2466       Management of Spreadable Diseases among Wild Animals. This bill designates the Department of Natural Resources as the lead agency in preventing the spread of diseases in wild animals. The DNR can establish zones, create special hunting seasons, require samples from harvested animals, and other necessary actions to stop the spread of diseases. The bill also establishes regulations on imported deer meat from states and providences with chronic wasting disease. (passed House 93-1) to Senate Natural Resources and Environment Committee

Public Safety Committee

SF 481          Sanctuary Cities. Prohibits local entities from discouraging, preventing or limiting law enforcement from executing lawful detentions or arrests of undocumented aliens. The bill compels assistance or cooperation with federal immigration officers, including providing enforcement assistance. (passed Public Safety Committee 11-10) to House calendar.

HF 2342       DNR Gun Sales. Prohibits the Director of DNR, the seizing agency, and a family member of the seizing agency from purchasing a gun at a DNR auction. (passed House 96-0) to Senate Judiciary Committee.

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 House 95-0) to Senate.

HF 2349       Excluded Gamblers. Changes the maintenance of the self-exclusion list for Iowa casinos from the licensed casino to the Racing and Gaming Commission. (Passed the House 96-0) to Senate.

HF 2425       Physical Therapist Compact. Sets up the parameters of Physical Therapist licensure compact in the state. (Passed the House 96-0) to Senate.

SF 2155       Local Government Savings. Sets the amount that can be invested by local governments in a certificate of deposit. (passed committee 23-0) to House Calendar.

SF 2256       Campaign and Ethics Technical. This eliminates outdated code references to paper campaign filing and requires those making contributions need to use their legal surname. (passed committee 23-0) to House Calendar.

SF 2290       Hospital Trustee. Allows for a board of trustees for a city or county hospital to change the number of members on the board and remove members who do not show up for meetings (Passed the Senate 49-0, Passed House 96-0) to Governor.

SF 2306       Campaign Amendment Notification. Creates a process for a person to be notified if there has been an amendment to a filed campaign report. (passed Committee 23-0) to House Calendar

SF 2323       Agents of a Foreign Government. Prohibits those employed by the State of Iowa to participate in activate’s that would require them to register as agents of a foreign government. Also requires disclosure of being registered as an agent of foreign government if being appointed to a position that requires Senate confirmation. (passed Committee 23-0) to House Calendar.

SF 2333       Amusement Concessions. Raises the limit of value on concession prizes for games of skill from $100 to $950. (Passed the House 66-30) to Senate with House Amendment.

SF 2347       Bootlegging. 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. (passed committee 23-0) to House Calendar.

Transportation

HF 2195       Transportation Commission. This comes from the DOT and changes the time of the term for members of the Transportation Commission. Currently a commission member takes office and then the next month is immediately expected to vote on a 5 year transportation plan, that they have not worked on. (passed Senate Committee 11-0) to Senate Calendar.

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. (RUTF). (passed Senate Committee 11-0) to Senate Calendar.

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. (passed the House 97-0) to Senate Calendar

Veterans Affairs

HF 2319       Department of Public Defense Bill. Gives the Adjutant General of the National Guard the ability to designate areas around bases for morale and recreation. This includes areas for restaurants, food trucks etc. Private businesses would be able to come on the base with the Adjutant General’s permission, and the services would be user-funded with no appropriation needed. Last, the bill aligns state laws with federal laws concerning some civilian criminal offenses committed on base. These offenses, such as sexual assault, take place between two Guard members. The bill states the Guard will notify the civilian law enforcement agency without delay, and the agency shall assign a case number promptly. After the case is complete, the law enforcement agency has to share the results with the Guard. (passed House 97-0) to Senate Veterans Affairs Committee

HF 2346       Iowa Department of Veterans Affairs Departmental Bill. Increases the number of representatives on the Veterans Commission from nine to eleven, increases the amount the Commission can spend out of the Trust Fund every year from $300,000 to $500,000, adds rental application fees and fees needed for obtaining rental housing to prevent homelessness as an acceptable Trust Fund expenditure. (passed House Appropriations Committee 23-0) to House Calendar

HF 2420       National Service Corps Program. Establishes a National Service Corps program in Iowa. This program will make it easier for organizations to create service opportunities and for public agencies to use these programs. Also allows agencies to give alumni of the program preference in employment.  This new initiative would join existing programs like Senior Corps, AmeriCorps, RefugeeRISE AmeriCorps, and the Iowa Mentoring Partnership. There is no direct appropriation for the new program, but it will be able to use the same funds (established in 15H.5) as the other service programs.  (passed House 97-0) to Senate Veterans Affairs Committee

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