INSIDE THIS EDITION
Iowa 9th in Personal Income Growth
School Sales Tax Passes Committee
Governor Signs Tax Exemption for Federal Rebates
Core Curriculum Bill Before House
Legislature Passes Collective Bargaining Bill
Two Identity Theft Bills Pass House Committee
Effort to Constitutionally Protect Natural Resources
Bill requires Minority Impact Statements
Require Kids 12 and Under to Wear Life jackets
Bill Sets Elections and Lengths of Certain Terms
New State Regulation of Foreclosure Consultants
Environmental Management Systems Passes House
Judiciary Committee Approves Military Custody Bill
More Iowans Eligible for State Disaster Aid
Transportation Policy Bill Passes House
Bill Addresses Crop Damage Caused by Deer
Should the Channel Catfish Be the State fish?
Veterans Affairs to Control Commemorative Property
Judiciary Expands Residency for Judicial Nominees
Great Places Forums and Timeline Set
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IOWA 9th IN PERSONAL INCOME GROWTH

According to a new study by the Bureau of Economic Analysis (BEA), Iowa per capita personal income growth outpaced the national per capita growth average of 5.2 percent. In 2007, Iowa total per capita income surpassed Ohio and Oregon, moving the state from 29th to 27th in the nation.

In the rankings provided by the BEA, Louisiana showed the highest jump in personal income growth at 9.2%. Iowans' income increased to $35,023 in 2007 from $33,038 in 2006. Iowa ranked 9th in personal income growth at 6%. Arizona and Tennessee had the lowest growth at 3%. The study indicated that farm income was higher in Iowa. This is why Iowa's growth was ranked 9th.

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SCHOOL SALES TAX PASSES COMMITTEE

House File 2663, formerly House File 2066, passed the House Ways and Means Committee with bi-partisan support last Thursday night. This legislation would make the current one cent local option sales tax for schools a statewide sales tax.

All the sales tax money will go into one “pot.” It will be distributed out to school districts on a per pupil basis. The amount distributed in the first year, fiscal year 2009, is estimated to be $372 million to school districts. Another $28 million would be used for property tax relief and distributed out of the property tax equity and relief fund in fiscal year 2009.

The bill is now eligible for debate by the full House.

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GOVERNOR SIGNS TAX EXEMPTION FOR FEDERAL REBATES

Governor Culver signed legislation to exempt federal rebate checks from Iowa income taxes, saving Iowans $67.5 million. For most, the federal rebate is equal to their 2007 tax liability, up to $600 ($1,200 joint returns). The minimum is $300 ($600 joint) and there is an extra $300 per child eligible for the Child Tax Credit. Those with little or no tax bill may qualify for the minimum $300 rebate ($600 joint), with at least $3,000 in qualifying income.

Senator Harkin Gets Help For Iowans

Senator Tom Harkin said the Internal Revenue Service (IRS) will open four locations this Saturday, March 29, to help Iowans who are eligible for a rebate but normally don't file an income tax return. This group includes many retirees, veterans and low-income workers.

IRS offices that will be open from 9 am to 3 pm on Saturday, March 29th:

Cedar Rapids – 425 Second St. SE

Des Moines – 210 Walnut St.

Sioux City – 3539 Southern Hills Drive

Waterloo – 300 W. Third St.

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CORE CURRICULUM BILL BEFORE HOUSE

Senate File 2216, the Iowa Model Core Curriculum bill, passed the House Education Committee this week. The bill would mandate a core curriculum for all accredited Iowa schools. Iowa is currently the only state that does not have any mandatory statewide measures or standards for curriculum and teaching. Senate File 2216 would achieve this, allowing Iowa to join the rest of the states to put measures in place.

Senate File 2216 will require that all accredited public and accredited non-public schools adopt the model core curriculum. Right now, a model core curriculum exists but it is voluntary and schools do not have to adopt it. The Iowa Core Curriculum provides local school districts a guide to delivering instructional content that is challenging and meaningful to students. School districts have until 2010 to implement the Iowa Core Curriculum into all grades. The bill is now eligible for debate on the House floor.

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LEGISLATURE PASSES COLLECTIVE BARGAINING BILL

House File 2645 expands the list of items that can be negotiated in the collective bargaining process for public employees. Currently, when contracts are negotiated between public employees and public employers, only certain subjects are required to be considered. Under the bill, public employees in a collective bargaining unit would now be allowed to discuss with management additional items.

Iowa is one of seven states that have a “limited scope” for negotiations under collective bargaining. There are 34 states that allow bargaining for the terms and conditions of employment. This is called “open scope.” There are nine states that do not allow collective bargaining at all. House File 2645 would allow open scope collective bargaining in Iowa.

Currently the bill is being held by the Senate to give the Governor more time to consider the legislation.

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TWO IDENTITY THEFT BILLS PASS HOUSE COMMITTEE

The House Commerce Committee passed two bills this week to protect Iowans from identify theft. The bills now go to the full House for consideration.

Notice of Security Breach

Senate File 2308 requires notification of consumers of a security breach involving personal information by the one who owns, maintains or otherwise has the information. Notice must include the date and description of the breach, type of data obtained, how to contact reporting agencies, and how to report suspected identity theft incidents to the Attorney General or local law enforcement.

Senate File 2277 allows a consumer to request credit reporting agencies to freeze future release of their credit information. The request must be sent by certified mail, with proper identification and an application fee, if applicable.

* The reporting agency must start the freeze within five business days after receiving the request.

* Within 10 business days after starting the freeze, the reporting agency must send the consumer written confirmation and a personal ID number or password to use when authorizing suspension or removal of the freeze.

The freeze remains in effect until the consumer requests that it be removed. The reporting agency must remove the freeze within three business days after receiving a request that includes proper identification, ID number or password, and payment of the applicable fee.

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EFFORT TO CONSTITUTIONALLY PROTECT NATURAL RESOURCES

On a unanimous, bi-partisan vote, the House Natural Resources Committee adopted the resolution to add an amendment to Iowa's constitution to protect natural resources and outdoor recreation funding. The bill now goes to the full House for consideration. The Senate adopted the resolution last week.

Senate Joint Resolution 2002 would have to pass the House this year, and pass the House and Senate again over the next two years, before it would go on the ballot for the general public to vote on. At the earliest, it would be on the November 2010 ballot.

Senate Joint Resolution 2002 creates a natural resources and outdoor recreation trust fund for the purpose of protecting and enhancing water quality and natural areas in Iowa. This would include parks, trails, fish and wildlife habitat, and conserving agricultural soils. Moneys in this fund can only be used for these purposes. The intent is to credit 3/8th of 1¢ to the fund when the sales tax is increased, which would generate approximately $150 million. The Legislature is to establish the parameters for administration of the fund.

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BILL REQUIRES MINORITY IMPACT STATEMENTS

House File 2393, which requires minority impact statements, passed the House 99-0 this week. The bill has two main parts regarding minority impact statements. Under current law, correctional impact statements must be attached to any bill, joint resolution, or amendment before debate in the Legislature. In addition, correctional impact statements are only required when a change in the law is proposed which creates a public offense; significantly changes an existing public offense or the penalty for an existing offense; or changes existing sentencing, parole, or probation procedures. House File 2393 adds the requirement that correctional impact statements must now include the impact of the legislation on minorities.

Grant Applications

Secondly, the bill requires that each application for a grant from a state agency must include a minority impact statement. For the purpose of the statements, minority is defined as individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans. In addition, grants from a state agency include grants from a department, board, bureau, commission, or other agency or authority of the State of Iowa.

The bill will is now up for consideration by the Senate.

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REQUIRE KIDS 12 AND UNDER TO WEAR LIFE JACKETS

To prevent kids from drowning from a boating accident, the House Natural Resources Committee adopted a bill that requires children 12 and under to wear their life jackets while boating. This law would mirror federal law. Current law requires that a life jacket for every person be in the boat, but they are not required to wear it. Iowa is one of only three states that currently do not require kids to wear their life jackets while boating.

The National Transportation Safety Board has said the failure of wearing a life jacket can have fatal consequences. It is the leading cause of drowning fatalities. Senate File 203 requires the children to wear the life jacket only while the boat is moving. They also do not need to wear them in an enclosed cabin or below deck, or if they are a passenger on a commercial boat with a capacity of 25 people or more. A one-year warning period is provided so that if the bill is signed into law, officers can only issue warning citations for the first year. After that, there would be a $25 fine. Senate File 203 is now before the full House for consideration.

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BILL SETS ELECTIONS AND LENGTHENS CERTAIN TERMS

Due to concerns that the number of special elections is increasing that, in turn, increases the costs to taxpayers, the Iowa House passed legislation to limit the number of special elections held in Iowa. House File 2620 received bipartisan support from the House on Monday, March 24, passing on a vote of 79 – 21.

According to the Secretary of State's office, there have been 409 special elections in the state since January 2006. Polk County taxpayers alone have spent more than $1 million on elections since January 2006 – more than one-third has been spent on 16 special elections at a cost of $334,059. Linn County has held 12 special elections since 2006 costing taxpayers $106,602.

As approved by the House, cities, counties and schools can hold special elections on four dates per year. This bill also changes the terms of elected school board members and directors of merged areas from three years to four years, responds to a lawsuit brought against the state by the Green and Libertarian parties dealing with voter registration, and makes changes relating to challenges to a person's qualifications when registering to vote.

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NEW REGULATION OF FORECLOSURE CONSULTANTS

The House passed legislation designed to stop abuses involving mortgage foreclosure consultants. House File 2653 now goes to the Senate for its consideration.

A foreclosure consultant is one who, for a fee, offers to help a homeowner avoid foreclosure. They are prohibited from:

* Accepting compensation until all services are performed.

* Charging more than an annual 8% of the amount of any loan made to the homeowner.

* Taking a property lien, wage assignment, or other security to ensure payment by the homeowner.

* Accepting third-party payment in connection with services, unless disclosed to the homeowner.

* Acquiring interest in a home from an owner with whom the consultant contracted.

* Accepting a power of attorney from an owner, except to inspect documents as provided by law.

* Inducing an owner to enter into a contract not in compliance with the requirements of this bill.

* Accepting payment for promising to negotiate a loan or modify a real estate contract without successfully doing so.

* Trying to prohibit the borrower from contacting any lender, servicer, government entity, or any other person helping the consumer.

All remedies under Iowa's Consumer Fraud Act are available to the homeowner either by a legal action filed by the Iowa Attorney General or by the homeowner for violations of the bill. If the court finds a violation occurred, it shall award the owner actual damages, equitable relief, and court costs and attorney fees. In addition, a violator commits a serious misdemeanor, punishable by a fine of from $315 to $1,875 and up to one year in prison.

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ENVIRONMENTAL MANAGEMENT SYSTEMS PASSES HOUSE

House File 2570, which establishes the designation of Environmental Management Systems (EMS), passed the Iowa House 96-0 this week. The purpose of the bill is to encourage responsible environmental management and solid waste disposal and to enhance efforts to promote environmental stewardship.

EMS Designation

The EMS is defined as a solid waste planning area as designated by Iowa Code. This also includes a designated planning area that is providing multiple environmental services in addition to solid waste disposal and that is planning on the continuous improvement of solid waste management by appropriately and aggressively mitigating the environmental impacts of solid waste disposal.

To qualify for designation as an EMS, a solid waste planning area must actively pursue all of the following:

* Yard Waste Management

* Hazardous Household Waste Collection

* Water Quality Improvement

* Greenhouse Gas Reduction

* Recycling Services

* Environmental Education

House File 2570 also establishes the Comprehensive Recycling Planning Task Force. The purpose of the task force is to study and make recommendations for the planning and implementation of comprehensive statewide recycling programs, including an evaluation of the current beverage container control law, also known as the Bottle Bill. The bill now moves over to the Iowa Senate for consideration.

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JUDICIARY COMMITTEE APPROVES MILITARY CUSTODY BILL

The House Judiciary Committee passed Senate File 2214 this week. The bill makes changes to modifications of child custody orders when the child's parent is serving in the active duty military. The bill provides that if an application for modification of a child custody order is filed while a parent is serving on active military duty , the court may only enter a temporary child custody order only if there is clear and convincing evidence that the change is in the best interest of the child. When the parent that was serving on active duty returns from service, the bill requires the court to reinstate the custody order that was in effect just before the parent was deployed.

Finally, the bill provides that if an application for modification of child custody is filed after a parent returns from active duty, the parent's absence due to active duty cannot be considered a substantial change in circumstances and the court cannot consider the parent's absence to due active duty in determining the best interests of the child. Senate File 2214 must now be considered by the entire House.

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MORE IOWANS ELIGIBLE FOR STATE DISASTER AID

If the Governor declares a disaster, such as a winter storm, flooding, or a tornado, low-income Iowans are eligible for state grants to reimburse the costs of repairs of storm-damaged property, home repair, temporary housing, and food. Last year, the Legislature authorized up to $1 million a year for this individual assistance disaster aid grant program.

House File 2564 increases eligibility from an annual income of 130% of the federal poverty level to 200% of the federal poverty level. This means individuals with an income of up to $20,800 or a family of four with an income of up to $42,400 will now be eligible for state assistance. The bill also increases the maximum grant award from $3,319 to $5,000, with uninsured structure repair allowable up to the maximum of $5,000. The bill now goes to the Senate for consideration.

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TRANSPORTATION POLICY BILL PASSES HOUSE

The Department of Transportation policy bill, House File 2651, passed the House this week. The bill creates a new four-year private college or university special license plate. After an application is submitted by a private four-year college or university located in Iowa, the Department of Transportation will work with the institution to design a license plate that displays the colors associated with that institution. The new private college or university license plates will cost $25, in addition to the regular annual fee. The private college or university plates can be personalized. The bill also allows both the new four-year private college or university plates and the already established state university plates to be displayed on not only motor vehicles and trailers, but also motor trucks, motor homes, and multipurpose vehicles.

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BILL ADDRESSES CROP DAMAGE CAUSED BY DEER

The House gave final approval this week on a bill that establishes a depredation management program to help farmers address the problems they are having from deer. Legislators have heard from farmers regarding the devastation deer are causing to their crops and how this is affecting their livelihood.

Senate File 2328 requires the Department of Natural Resources to make deer depredation hunting licenses available to resident hunters. These licenses allow the hunting of does on farmers' property during the hunting seasons. A landowner who incurs crop, horticultural product, tree, or nursery damage in excess of $1,000 or more, due to wildlife, is to enter into a depredation management agreement with DNR. The producers will be issued a set number of licenses from the department. These licenses are available to hunters for that farmer's property. Deer shooting permits must also be available from DNR. These permits may be used outside the established deer hunting seasons on the farmers' property.

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SHOULD THE CHANNEL CATFISH BE THE STATE FISH?

Once again, the House Natural Resources Committee thinks the channel catfish should be the state fish of Iowa. The committee unanimously approved Senate Joint Resolution 2 and moved the bill to the full House for consideration. The full House would have to approve the bill before it would become law. The Senate unanimously adopted the resolution last year.

The resolution directs the Department of Cultural Affairs to display pictures and representations of the channel catfish in an appropriate place in the State Historical Museum. It also directs the editor of the Iowa official register to include an appropriate picture and commentary in the Iowa official register, along with the pictures of the state rock, state flower, state bird, and state tree.

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VETERAN AFFAIRS TO CONTROL COMMEMORATIVE PROPERTY

The House Veteran Affairs Committee approved Senate File 2333, which would expand control over all Veteran's commemorative property to the Iowa Department of Veterans Affairs. Currently the Department of Veteran Affairs has control over commemorative property in cemeteries if the commemorative property is 75 years old or older. The bill would expand control to veteran's commemorative property placed in all locations and the commemorative property no longer needs to be over 75 years old.

The bill defines veterans' commemorative property as memorials including headstones, plaques, statues, urns, decorations, flag holders, badges, shields, items of memorabilia, or other embellishments that commemorates any veteran or group of veterans, including any veterans' organization or any military unit, company, battalion, or division. The bill allows the Department of Veteran Affairs to control the sale, trade, or transfer of the property. The bill is now eligible for consideration of the entire Iowa House of Representatives.

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JUDICIARY EXPANDS RESIDENCY FOR JUDICIAL NOMINEES

The House Judiciary Committee passed Senate File 2211 making the bill eligible for consideration by the entire House. Senate File 2211 removes the requirements that a nominee for district judge reside in the judicial district prior to nomination for appointment. Under the bill, as in current law, a nominee would have to become a resident of the judicial district upon appointment by the Governor to serve as a district judge for that district.

The idea behind the bill is to assure the most qualified candidates are able to apply for district judicial openings. The bill could allow additional applicants in areas of the state that have had difficulty filling open district judge positions. The judicial nominating commission is made up of individuals from each of these judicial districts, and this legislation would allow these commissions to weigh the qualifications of applicants against the an applicant's ties to the district.

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GREAT PLACES FORUMS

The Department of Cultural Affairs (DCA) will host four Iowa Great Places regional forums March 31-April 3, 2008, to discuss program information, the application process, grant funding, and the Great Places Citizen Advisory Board's expectations.

The Iowa Great Places regional forums will be:

Storm Lake – March 31, 8:30 a.m.-5:15 p.m., King's Pointe Waterpark Resort, 1520 E. Lakeshore Drive.

Corning – April 1, 8:30 a.m.-5:15 p.m., Midwest Opportunity House, 407 8th Street, 3rd Floor, Turner Room.

West Union – April 2, 8:30 a.m.-5:15 p.m., Country Hills Community Golf, Restaurant, & Lounge, 10280 Echo Valley Road.

Albia – April 3, 8:30 a.m.-5:15 p.m., Albia Area Chamber of Commerce, 18 South Main Street.