Iowa House of Representatives STATEHOUSE NEWS: March 6, 2008
By Mary Mascher
INSIDE THIS EDITION
Health Care Bill Passes Committee
School Attendance Age Raised
Bottle Bill Passes Committee
Internet Predators of Children
Lottery Games for Veterans Trust Fund Approved
Immigration Legislation
New Regulation of Foreclosure Consultants
Bill Establishes Livestock Odor Mitigation Study
Mental Health Insurance for Veterans
Bill Sets Special Election Dates
Main Street Communities Announced
Bill Establishes a Deer Depredation Program
Price Laboratory Research and Development School
DOT Policy Bill Passes House Transportation
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HEALTH CARE BILL PASSES COMMITTEE
On
a unanimous bi-partisan vote of 19-0, the House Human Resources
Committee approved a bill that provides needed health care reforms.
House Study Bill 757 is based on the recommendations of the Legislative
Commission on Affordable Health Care Plans for Small Businesses and
Families and a proposal from Governor Chet Culver. During the interim
last summer and fall, the Commission met monthly across Iowa. The
Commission was charged with reviewing, analyzing, and making
recommendations to the Legislature relating to the affordability of
health care for Iowans.
House
Study Bill 757 states that, as funding becomes available, it is the
intent of the General Assembly that all Iowans will have health care
coverage, with the initial priority of providing health care coverage
for all children by December 31, 2010. To get there, the Department of
Human Services (DHS) will work with the Centers for Medicare and
Medicaid Services to expand hawk-i to cover children up to 300% of the
federal poverty level.
The
Electronic Health Information Advisory Council is created as a public
and private effort to promote the adoption and use of health
information technology in Iowa. The Advisory Council will make
recommendations to the Iowa Department of Public Health (IDPH) to
improve health care quality, increase patient safety, reduce health
care costs, enhance public health, and empower individuals and health
care professionals with real time medical information.
The
Department of Elder Affairs is to work with statewide organizations and
health care professionals to develop educational and patient centered
information on end of life care for terminally ill patients and health
care professionals.
The
bill requires that insurance companies allow children to be covered up
to the age of 25, or so long as the dependent child maintains full-time
status as a student in a post-secondary educational institution. In
addition, individuals who move from a group insurance policy to an
individual insurance policy will not be denied or underwritten due to
preexisting conditions.
A
Medical Home Advisory Council is established within the Iowa Department
of Public Health. The purpose of a patient centered medical home is to
provide for the coordination and integration of care, focused on
prevention, wellness, and chronic care management. In addition, using a
patient centered medical home should lower costs and improve quality
through documentation and outcome-based results. Providers that are
certified patient centered medical homes will receive incentives for
their continued participation.
The
Director of the Iowa Department of Public Health, in collaboration with
the Prevention and Chronic Care Management Advisory Council, is
required to develop a state initiative for prevention and chronic care
management. The director may accept grants and donations and is
required to apply for any federal, state, or private grants available
to fund the initiative.
The
Family Opportunity Act, which was passed last year, is amended to say
that it will be implemented when DHS determines that sufficient funding
is available. The Family Opportunity Act allows an individual who is
less than 19 years old, and who meets the Supplemental Security Income
program rules for disability requirements, to be eligible for
assistance, provided on a phased-in basis based upon the age of the
individual.
A
Medicaid Quality Improvement Council is also established. The Council
will evaluate the clinical outcomes and satisfaction of consumers and
providers within Medicaid.
The
IDPH will establish a grant program to energize local communities to
promote healthy lifestyles that will lead collectively, community by
community, to a healthier Iowa.
A
Governors Council on Physical Fitness and Nutrition is established
consisting of 12 members appointed by the Governor. The Council will
assist in implementation of a statewide comprehensive plan to increase
physical activity, improve physical fitness, improve nutrition, and
promote healthy behaviors.
House Study Bill 757 will now move to the House Calendar and be eligible for debate by the Iowa House.
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SCHOOL ATTENDANCE AGE RAISED
The
House Education Committee passed House File 2144, the compulsory school
attendance age bill, which will raise the age a child is required to go
to school from 16 to 17 years old. It received bi-partisan support.
The
main purpose of this proposal is to create a higher expectation for
students, parents, teachers, and schools. There is very clear research
that the first step in changing behavior is the ability to create a
higher expectation for that behavior. This is what the bill does.
In
Iowa, approximately 800 to 1100 students drop out each year, with a
disproportionate number in lower socio-economic and racial subgroups.
House File 2144 will require a student to stay in school through the
year in which the child turns 17 years of age.
The
bill would exempt students receiving competent private instruction,
which is usually a student who is receiving home school instruction or
an alternative programming. A student receiving competent private
instruction still must stay in school until sixteen.
Approximately
twenty-six states currently allow students to drop out at the age of
16, and the remaining states do not allow dropping out until 17 or 18
years old. Several other states have also changed their laws to
increase their drop out age.
In
Iowa, most businesses expect a worker to have a high school diploma
when entering the workforce. With the looming workforce shortage and
increasing globalization of the market, increasing education
requirements will make sure more workers meet business expectations.
A
child who decides to drop out of school will be required to participate
in an exit interview. A form will also be sent to a parent or guardian
with the requirement that it be returned to the school district. The
form and interview will include open-ended questions as to the reasons
that a child drops out.
All
the data will be turned over to the department of education to identify
how to meet the needs of the students so they do no drop out. A working
group is required to be formed at the local level to address the needs
of the specific district.
House File 2144 must now receive approval from the entire House before moving to the Senate for consideration.
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BOTTLE BILL PASSES COMMITTEE
This
week, Governor Culvers proposal to change the beverage deposit law,
House Study Bill 734, passed the House Environmental Protection
Committee. The bill does not increase the current 5¢ refund.
The
proposal, commonly known as the Bottle Bill, expands the law to
beverage containers that contain tea, water, juices, and sport drinks.
This would apply to plastic, glass, and metal containers.
In
addition, the bill increases the handling fee that each distributor
pays to the redemption centers. Currently, the handling fee is 1¢ per
container redeemed. The bill increases the handling fee to 2¢ per
container redeemed. There has not been an increase in the handling fee
since the inception of the Bottle Bill in 1979.
Opponents
of the bottle bill say the changes will increase the costs of products
and the costs will be passed on to consumers. Proponents of the bottle
bill say the proposal is in line with the original intent of the bill
to reduce litter and as an incentive for citizens to return their empty
containers rather than discard them.
House Study Bill 734 is now eligible for debate by the Iowa House.
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INTERNET PREDATORS OF CHILDREN
The
House Public Safety Committee adopted a bill this week that develops
stronger tools for law enforcement to use to stop internet predators of
children. Officers said predators will often pose as children, creating
a bond with their young victims, and prompting them to reveal more
information than they should.
Investigators estimate a potential predator can learn a childs vital information full name, address, phone number, school and more
within 20 minutes of a chat-room meeting. Armed with just a bit of
personal information, the rest is often available by using common
internet search engines.
House
File 762, as amended, establishes the crime of indecent exposure by
electronic transmission of an image, including webcams. A person, who
electronically transmits an image of their genitals, or of themselves
committing a sex act, commits an aggravated misdemeanor if the image is
intended to be viewed by a child under the age of 14, or a person they
believe to be a child, and it is done for sexual purposes. The penalty
is a maximum two years in prison and a maximum fine of $6,250.
For this internet crime against children, the perpetrator cannot receive any deferred judgments or deferred sentences.
The
bill establishes a serious misdemeanor criminal offense if the
electronic image is intended to be viewed by anyone else, its done for
sexual purposes, and they know the image will be offensive to the
viewer. This penalty is a maximum one year in jail and maximum fine of
$1,875.
Sex Abuse Against a Minor
The
bill also increases the age of a minor from “under 12” to “under 13” as
it relates to the crimes of sex abuse in the second degree and sex
abuse in the third degree. This will allow for harsher penalties for
people who prey on children under 13.
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LOTTERY GAMES FOR VETERANS TRUST FUND
The
House amended and approved House File 2359 that directs the State
Lottery to create two additional scratch and pull-tab games annually
with the profits dedicated to veterans, their spouses, and dependents.
The Lottery estimates that these additional games would generate
approximately $3 million annually.
The
bill dedicates the lottery ticket profits to the Veterans Trust Fund,
until the fund reaches a balance of $50 million or more. Once the trust
fund is filled, the remaining moneys are appropriated to the county
directors of veteran affairs. The funds will be distributed to the
counties with 50% going equally to each county and 50% based on
population.
The
Veterans Affairs Commission is currently authorized to expend the
interest earned on the Veterans Trust Fund, as long as a $5 million
balance is maintained, for the following purposes:
Travel expenses for wounded veterans directly related to follow-up medical care.
Job training or college tuition assistance for job retraining.
Unemployment assistance during a period of unemployment due to
prolonged physical or mental illness or disability resulting from
military service.
Expenses related to nursing facility or at-home care.
Benefits provided to children of disabled or deceased veterans.
Individual counseling or family counseling programs.
Family support group programs or programs for children of members of the military.
Honor guard services.
The bill now goes to the Senate for consideration.
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IMMIGRATION LEGISLATION
This
week the House Labor Committee passed, without recommendation, an
immigration and employee misclassification bill. The bill moves to the
House floor on a bipartisan vote. House Study Bill 717, as amended,
would require an employer to sign a form indicating that a job
applicant's appearance matches a valid photo ID. This action must be
done within 10 days of the employee being hired.
A
photo copy of the license must be kept on file. If the employer
falsifies the information in the form, they could be subject to perjury
charges.
This
portion of the bill is designed to crack down on employers who hire and
sometimes exploit illegal aliens. Although the federal government has
laws and enforcement measures in this area, the Bush administration has
been unable to pass any meaningful immigration reform, or keep up with
the enforcement of the laws that are already on the books.
Proponents
of the bill feel that the bill will crack down on employers that are
exploiting workers for cheap labor. Opponents feel that workers will be
stereotyped through the legislation and will not be hired if they do
not possess a photo ID.
Employee Misclassification
The
less controversial section of the bill deals with the illegal practice
of misclassifying an employee. There has been a rise, particularly in
the construction field, of employees being hired as independent
contractors, usually paid in cash. In reality, the workers are actual
employees of the contractor.
In
some cases these employees are hired by the employer through labor
brokers from other countries. They are not considered an employee for
workers compensation, unemployment and insurance premiums.
It
is also a worker safety issue since it is one way of cutting corners to
save costs. Because these workers are not considered an employee, they
are not subject to safety enforcement regulations. The bill would fine
employers doing this practice in the construction industry. Responsible
employers are bearing the cost of this fraud by being at a competitive
disadvantage on projects because they are paying higher wages, premiums
for workers compensation and providing health insurance.
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NEW REGULATION OF FORECLOSURE CONSULTANTS
The
House Commerce Committee passed House Study Bill 747, which is designed
to stop abuses involving mortgage foreclosure consultants and
foreclosure reconveyance transactions. The bill now goes to the full
House for consideration.
A foreclosure consultant is one who, for a fee, offers to help a homeowner avoid foreclosure. They are prohibited from:
Accepting compensation until after all services are performed.
Charging more than an annual 8% of the amount of any loan made to the homeowner.
Taking a property lien, wage assignment, or other security to ensure payment by the homeowner.
Accepting third-party payment in connection with services, unless disclosed to the homeowner.
Acquiring interest in a home from an owner with whom the consultant contracted.
Accepting a power of attorney from an owner, except to inspect documents as provided by law.
Inducing an owner to enter into a contract not in compliance with the requirements of this bill.
Accepting payment for promising to negotiate a loan or modify a real estate contract without successfully doing so.
Trying to prohibit the borrower from contacting any lender, servicer,
government entity, or any other person helping the consumer.
Reconveyances
A
foreclosure reconveyance is the transfer of title by the homeowner and
the later transfer back to that homeowner after completion of
foreclosure proceedings. A foreclosure consultant is prohibited from
entering into a foreclosure reconveyance unless:
The purchaser verifies that the homeowner has a reasonable ability to pay for the reconveyance.
The purchaser and homeowner complete a real estate closing for any reconveyance in which the purchaser gets a deed or mortgage.
The purchaser gets the written consent of the homeowner for any grant
of interest in the property while the homeowner maintains any interest
in the property.
The purchaser complies with federal requirements for disclosure, loan terms, and conduct for any foreclosure.
Private Right to Sue
All
remedies under Iowa's Consumer Fraud Act are available to the homeowner
either by a legal action filed by the Attorney General or by the
homeowner for violations of the bill. If the court finds a violation
occurred, it shall award the owner actual damages, equitable relief,
and court costs and attorney fees. In addition, a violator commits a
serious misdemeanor, punishable by a fine of from $315 to $1,875 and up
to one year in prison.
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BILL ESTABLISHES LIVESTOCK ODOR MITIGATION STUDY
On
an 18-3 vote, the House Agriculture Committee adopted a bill this week
that requires Iowa State University to consult with the Department of
Natural Resources and the Department of Agriculture and Land
Stewardship to establish and administer on-site research efforts to
mitigate odor emitted from livestock operations involving swine, beef
or dairy cattle, chickens, or turkeys.
House
Study Bill 679 is in response to these three agencies joint proposal
outlined to the Legislatures Livestock Odor Study Committee last fall.
This joint proposal outlines a five-year comprehensive research plan at
a total cost of $22.8 million. The bill establishes the parameters of
the study; it does not contain any money for odor mitigation efforts.
The
committee amended the bill to require ISU, if funding is available, to
provide for a livestock odor mitigation evaluation effort, which would
be a three-level approach to siting livestock operations based upon
odor exposure. Certain permitted confinement operations would be
required to conduct an evaluation, which could be as easy as filling
out a questionnaire on the internet, to having an ISU specialist come
to their farm and assist the producer with the evaluation, or to
actually completing a full community-based odor assessment model
developed by ISU. The information from this evaluation would only be
used as part of the odor mitigation study.
Supporters
said this bill sends a positive message that we support Iowas $8
billion livestock industry, while also taking into consideration
efforts needed to be good neighbors. Applied research on producers
farms will go a long ways toward determining how to address the
livestock odor issues.
The
purposes of the research efforts are to accelerate the adoption of
affordable and effective odor mitigation technologies and strategies by
livestock producers, while also providing research-grounded information
on odor mitigation technologies and strategies that are ineffective or
cost-prohibitive.
Opponents
argued that there needs to be more transparency in this study. The only
data from the study that would be available to the public would be in
the aggregate form, not individual situations. The public would not be
able to know the location of a proposed confinement building, the
configuration of the building and surrounding landscape, and other odor
mitigation measures to produce the best possible reduction of odors
from the confinement feeding operation. In addition, there is no
guarantee that this research effort will be funded as a public/private
partnership.
The bill now goes to the full House for consideration.
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MENTAL HEALTH INSURANCE FOR VETERANS
The
House Veterans Affairs Committee approved House File 2033 that requires
health insurance companies, which provide group health insurance, to
cover mental illness and substance abuse treatment for employees who
are war veterans. The requirement applies to all group health insurance
plans for all public employees, private employers with more than 50
employees, and employers with small group health coverage.
The
bill is viewed as a way Iowa can support veterans who are returning
from active duty and are finding it difficult to get treatment at the
Veterans Administration. Many veterans have to travel out of town to
receive VA services and often face waiting lists to receive services.
According to the VA, more than half of the veterans who have committed
suicide are National Guard or military reservists who have returned
from active duty.
The
bill allows carriers to organize and manage benefits through common
methods, which includes providing payment of benefits under a capitated
payment system, prospective reimbursement rate system, utilization
control system, incentive system for least restrictive and least costly
levels of care, a preferred provider contract limiting choice of
specific providers, or other methods that assure services are medically
necessary and clinically appropriate.
The
bill prevents the imposition of an aggregate annual or lifetime limit
on mental illness or substance abuse coverage benefits unless the
policy imposes an aggregate annual or lifetime limit on substantially
all medical and surgical coverage benefits.
The
bill requires coverage for at least 30 inpatient days and 52 outpatient
days per enrollee per year. The policy may include deductibles,
coinsurance, or co-payments, to the same extent they apply to other
medical or surgical services covered under the policy. It is not a
violation if the policy excludes the following:
Care that is substantially custodial in nature.
Services and supplies that are not medically necessary or clinically appropriate.
Experimental treatments.
The requirements in the bill would apply to all policies delivered, continued, or renewed in Iowa on or after January 1, 2009.
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BILL SETS SPECIAL ELECTION DATES
Due
to concerns that the number of special elections is increasing which,
in turn, increases the costs to taxpayers, Secretary of State Michael
Mauro proposed legislation to limit the number of special elections
held in Iowa.
House Study Bill 627 received bipartisan support from the House State Government committee on Wednesday, March 5.
As amended and passed, cities, counties and schools can hold special elections on four dates per year.
School districts and merged areas: in even-numbered years on the first
Tuesday in February, the first Tuesday in April, the second Tuesday in
September or the first Tuesday in December; in the odd-numbered years
on the first Tuesday in February, the first Tuesday in April, the last
Tuesday in June or the second Tuesday in September.
Cities and Counties: on the first Tuesday in March, May, August and November.
According
to a Des Moines Register news article of July 16, 2007, Secretary Mauro
stated that he feels there are too many special elections. According to
the Secretary of States office, there have been 409 special elections
in the state since January 2006. Polk County taxpayers have spent more
than $1 million on elections since January 2006
more than one-third has been spent on 16 special elections at a cost of
$334,059. Linn County has held 12 special elections since 2006 costing
taxpayers $106,602.
The
Secretary of State also stated that there were 313 special elections
held in 2006-2007; some of them held within a couple of weeks after a
jurisdictions regularly scheduled election. Currently, there are 40
Tuesdays in an odd-numbered year and 39 Tuesdays in an even-numbered
year on which special elections can be held.
Limiting
the number of special elections has bipartisan support. However, bills
in the past have met with resistance and have not passed. Opponents of
limiting special elections feel that placing local-option sales tax
issues or bond issues on the ballot with a general election results in
voters paying less attention to these special issues. Proponents of
limiting special elections state that it saves taxpayers money.
Additionally, they cite low voter turnout when a special elections is
held.
This
bill also changes the terms of elected school board and area education
members, responds to a lawsuit brought against the state by the Green
and Libertarian parties, and makes changes relating to challenges to a
persons qualifications when registering to vote.
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MAIN STREET COMMUNITIES ANNOUNCED
For
more than 20 years, the Main Street Iowa program and its communities
have been nationally recognized for its efforts to revitalize
downtowns. Recently, four Iowa communities were selected to join the
Main Street Iowa program. They are Belle Plaine, Mount Vernon,
Washington and Woodbine. The announcement was made during a special
ceremony held in Des Moines.
The
addition of these new communities brings the total number of Main
Street communities in Iowa to thirty-nine. The selected communities
demonstrated strong partnerships, a high level of volunteerism and a
commitment to the revitalization of their downtown districts.
In
order to be designated a Main Street Iowa community, representatives
from the town must attend rigorous training sessions before even being
eligible to apply. They must demonstrate support from local
organizations, businesses and legislators; local secured funding
documented; strategic plans outlining short and long-term goals must be
in place; and city resolutions and historic preservation ordinances
must be passed and signed. Most importantly, community officials,
business owners and volunteers must agree to work together for common
goals. Those goals are:
Preserving Iowas historic buildings and unique downtown business districts, and Improving the local economy by adopting and following the Main Street approach to downtown revitalization.
While
it may be challenging to become a Main Street community, designated
communities reap many benefits. During the first three years of the
program, each community receives 40 days of on-site training and
technical assistance from Main Street Iowa, National Main Street Center
staff and private consultants, as well as 30 days of training for
volunteers and local staff, resulting in a state investment of
$100,000. Main Street communities each receive continuing training
valued at $10,000 annually.
Over
the years, by working together with the state, Main Street Iowa
communities have realized the benefits of more than 1.5 million hours
of volunteer time committed to improving their city centers, a
significantly increased job and business base, and millions of dollars
in private investment to purchase, construct and rehabilitate downtown
property.
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BILL ESTABLISHES A DEER DEPREDATION PROGRAM
Legislators
have heard from farmers regarding the devastation deer are causing to
their crops. Working with the Department of Natural Resources, hunting
organizations, and farm organizations, the House Natural Resources
Committee adopted a bill this week that establishes a depredation
management program to help farmers address the problems theyre having
from deer.
House
File 2052, as amended by the committee, requires DNR to make deer
depredation hunting licenses available to resident hunters. These
licenses allow the hunting of does on farmers property during the
hunting seasons.
A
landowner who incurs crop, horticultural product, tree, or nursery
damage in excess of $1,000 or more, due to wildlife, is to enter into a
depredation management agreement with DNR. The producers will be issued
a set number of licenses from the department. These licenses are
available to hunters for that farmers property.
Deer
shooting permits must also be available from DNR. These permits may be
used outside the established deer hunting seasons on the farmers
property.
The
bill requires DNR to conduct outreach programs for farmers and farm and
commodity organizations that explain the deer depredation management
program. DNR is also required to develop a master hunter program and
maintain a list of master hunters who are available to assist producers
with hunting does on their property.
Finally,
the bill establishes a deer study advisory committee to study the best
way to maintain a sustainable, socially acceptable deer population in
Iowa, while maximizing and balancing the economic value of deer hunting
to Iowas economy with the needs of the agricultural industry and
public safety concerns. A final report is due by January 10, 2009.
The bill now goes to the full House for consideration.
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PRICE LABORATORY RESEARCH AND DEVELOPMENT SCHOOL
The
House Education Committee passed House File 2399 this week that would
expand the role of the Price Laboratory School located at the
University of Northern Iowa (UNI).
During
the 2007 session, the Legislature required the department of education
and the university to conduct a study on making Price Laboratory a
research and development prekindergarten through grade twelve
institution. The report of the study is to be given to the Legislature
at the beginning of the 2009 session.
Because
of the ongoing initiative, House File 2399 was introduced to bring the
concept to fruition. The bill will require the department of education
and the president of UNI to work together to establish a finance and
funding committee and an implementation committee for the initiative.
The
finance and funding committee will include individuals from UNI, the
department of education, and educators with experience in school
finance. The committee will develop a plan for sustained operational
and capital funding through existing and new sources as well as
evaluate the current condition of the Price Laboratory facility.
Members
of the implementation committee will include Price Laboratory faculty,
UNI faculty, and department of education staff. The committee will
develop a detailed transition plan for expanding the Price school and
develop a detailed governance structure that outlines specific roles
and responsibilities.
The
bill will take effect immediately if passed by both the House and
Senate and signed by the Governor. House File 2399 now moves to the
full House for debate.
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DOT POLICY BILL PASSES HOUSE TRANSPORTATION COMMITTEE
The
House Transportation Committee approved the Department of
Transportation (DOT) policy bill this week. House Study Bill 648 and
the amendments to the bill made over a dozen changes in law.
The
bill allows the DOT and local authorities to issue annual and
single-trip highway permits for the movement of cranes utilized in the
construction of alternative energy facilities, regardless of the weight
of the crane. The bill also allows special multi-trip permits, valid
for 12 months or less, for the movement of oversized and overweight
vehicles in an alternative energy construction site or staging area.
The fee is $600.
Disabled Veterans
An
amendment to the bill provides that a seriously disabled veteran who is
provided a vehicle by the U.S. government does not have to apply for a
disabilities parking permit. This provision does not apply if the
disabled veteran has a special registration plate or personalized plate
for the provided vehicle.
Substance Abuse Classes
An
amendment to the bill clarified an inequity in substance abuses classes
that are required for reinstatement of driving privileges under certain
offenses. Under current law, classes offered at a state correctional
facility do not qualify as accredited classes under this provision.
This change allows individuals who are incarcerated and only have
access to programs available in correction facilities, and not the
currently accredited community colleges, to complete the requirements
to have driving privileges restored.
Antique Vehicle Plates
An
antique motor vehicle plate for trucks, truck and road tractors, or
motor homes is authorized. In order to qualify, an appropriate vehicle
must be at least 25 years old and the owner must intend the vehicle for
only “limited use.” Allowed uses under the amendment include exhibition
at a state or county fair or other places where the vehicle will be
exhibited for entertainment or education purposes. The antique plates
require a $70 certificate and $40 for license plates, both valid for
two years.
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