Iowa Senate Democrats

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  • Senate Dem Leader on search for new DAS Director

    IA SEN NEWS RELEASE
    May 30, 2019

    Statement from Senate Democratic Leader Janet Petersen on search for new DAS Director

    Today is the application deadline for people interested in becoming the new Director of the Iowa Department of Administrative Services (DAS).

    Yesterday, I sent a letter to Governor Reynolds urging her to select a new Director “who can restore taxpayers’ faith in the Department.”

    I also wrote:

    “Taxpayers expect the new DAS Director to write a new chapter for the Department that establishes higher expectations than what we’ve seen over the past several years.

    “Specifically, recent Directors have:

    • “Denied Iowans access to basic, public information about the number of harassment complaints in state government and how much taxpayer dollars have been spent to compensate harassment victims.
    • “Taken a restrictive, punitive approach to negotiating contracts with state employees.
    • “Put the health and safety of state employees and Iowans at risk through dangerous staff reductions, overtime policies, and other employment practices that were previously protected under collective bargaining.
    • “Mishandled a sweeping scandal at the Iowa Finance Authority (IFA) that included rampant harassment of employees, a failure by IFA staff and DAS staff to address complaints, and pay raises and promotions that were based on cronyism rather than merit.
    • “Approved secret settlements – described by some as “hush money” – to outgoing state employees.
    • “Endangered the rights of workers by maintaining a “do-not-hire” list without due process for workers to challenge their inclusion on the list.
    • Failed to adequately update and enforce harassment policies in the executive branch.
    • “Conducted hirings, firings and promotions across state government that appear to be based on political connections rather than qualifications.

    I concluded my letter by encouraging the Governor to hire a new Director with experience and a proven track record:

    “State employees and Iowa taxpayers deserve better.”

    -end –

  • Government Oversight – All Bill Summary 2019

    HF 764 – Publication procedures for constitutional amendments

    HF 764 removes the constitutional amendment notification publishing duties from the Secretary of State and gives them to the Legislature. The bill still requires the Secretary of State to pay for the publishing. HF 764 keeps the newspaper publishing requirement and adds a requirement to publish proposed amendments on the Legislature’s website.

    The validity of an amendment may be challenged if both the newspaper and website publications are not fulfilled. The bill lays out proof-of-publication requirements and strikes the requirement for the Governor to issue a proclamation before the election. Any proposed constitutional amendment that has been approved by two succeeding General Assemblies will go to a vote of the people in the next General Election.

    Previously, amendments had to be published by the Secretary of State in two newspapers of general circulation in each congressional district for the time required by the constitution. Last fall, the Secretary of State was derelict in his duties and neglected to publish two proposed amendments. This mistake reset the process for the strict scrutiny gun amendment and the line-of-succession to Governorship amendment.
    [4/27: 40-8 (No: Bolkcom, Dotzler, Giddens, Hogg, Mathis, Petersen, Quirmbach, J. Smith; Excused: Lykam, T. Taylor)]

  • Legislators call for override of Governor’s medical cannabis veto

    For Immediate Release: May 29, 2019 

    Legislators launch effort to override Governor’s veto on cannabis

    Suffering Iowans have waited long enough

    Des Moines, Iowa — Two Iowa lawmakers announced a statewide effort to override Governor Reynold’s last-minute veto to HF 732, a collection of urgently needed Iowa medical cannabis reforms.

    “The Governor’s last-minute veto was devastating to Iowans suffering from debilitating conditions– like cancer, epilepsy and Parkinson’s disease– who worked for years to pass this legislation,” said Democratic State Rep. John Forbes, an Urbandale pharmacist. “But because they lived in Iowa, some died without access to effective medicines. Enough is enough. The 96 members of the Iowa House and the 40 members of the Iowa Senate who voted to help these Iowans must stand up and defend their votes.”

    “The bipartisan bill we approved last session, House File 732, does two main things. First, physician assistants and nurses can certify that you have one of covered conditions, and two, Iowa’s ridiculously low THC cap will be lifted. Iowa should no longer have the nation’s worst medical cannabis program. That’s common sense. That’s why it passed overwhelmingly in the Iowa House and Senate. And that’s why Iowans must insist that this legislation become law,” added State Sen. Joe Bolkcom of Iowa City.

    Late Friday afternoon, Governor Reynolds vetoed House File 732, which was the last bill she took action on following the 2019 legislative session. To override the veto, two thirds of lawmakers in each chamber must request a special session of the Legislature to take action. Lawmakers will be receiving a letter and request to override the veto later this week.

    ###

  • Local Government Committee – All-Bill Summary 2019

    HF 516 – County sheriff and police chief voting on joint 911 service board

    HF 595 – Elections deputy salary

    HF 685 – Cost of medical aid provided to prisoners in jails

    HF 698 – Pioneer cemeteries

    SF 93 – Abandoned structures and nuisance properties

    SF 283 – Conflict of interest for school, county board and county employees

    SF 502 – Political subdivision whistleblower protection

     

    HF 516 – County sheriff and police chief voting on joint 911 service board

    HF 516 provides voting membership on a joint 911 service board to county sheriffs and each local police chief within a Public Safety Answering Point (PSAP).
    [4/17: 50-0]

     

    HF 595 – Elections deputy salary

    HF 595 authorizes elections deputies to receive 85 percent of the auditor’s salary.
    [4/26: 49-0 (Absent: Feenstra)]

     

    HF 685 – Cost of medical aid provided to prisoners in jails

    HF 685 creates a work group comprised of the Iowa Sheriff’s and Deputies Association, the Iowa Association of Counties and the Iowa Hospital Association to review current process of payment for medical aid provided in county jails. The group must consider and propose recommendations related to prisoner payment, responsibility, payment processes and rates, and submit recommendations to the Legislature by December 15, 2019.
    [4/15: 49-0 (Absent: Shipley)]

     

    HF 698 – Pioneer cemeteries

    HF 698 would allow a county board of supervisors and a pioneer cemetery commission to jointly decide the care of cemeteries that no longer qualify as pioneer cemeteries. Currently, 20 counties are using up to 6.75 cent levy to fund the cemeteries, but the highest is only 4.5 cents.
    [4/1: 48-0 (Absent: Breitbach, Zaun)]

     

    SF 93 – Abandoned structures and nuisance properties

    SF 93 makes changes to the abandoned structures and abatement law. The bill removes the length of time needed to consider a structure abandoned, along with evidence of financial responsibility, if the property is in need of abatement. A hearing is eliminated if those interested show intent and responsibility to restore the property in good faith. The bill’s aim is to motivate current owners to restore nuisance properties with local option. The bill exempts agricultural land.
    [3/25: 50-0]

     

    SF 283 – Conflict of interest for school, county board and county employees

    SF 283 raises the threshold to $6,000 for conflicts of interest for school board members, county board members and county employees when they enter into a contract with the specified entity.
    [4/1: 45-3 (No: Boulton, Celsi, Hogg; Absent: Breitbach, Zaun)]

     

    SF 502 – Political subdivision whistleblower protection

    SF 502 requires a political subdivision’s human resources department to provide notification of whistleblower protection, along with information about the state’s Office of Ombudsman protections. The legislation also provides for civil damages to the whistleblower.
    [4/25: 50-0]

  • Veterans Affairs Committee – All-Bill Summary 2019

    SF 341 – Service animals in housing

    HF 288 – Injured veterans grant parameters; professional licensure

    HF 289 – Distribution of gambling receipts for charitable purposes

    HF 689 – Removal of county veterans service officers

     

    SF 341 – Service animals in housing

    SF 341 relates to assistance animals and service animals in housing, and misrepresenting oneself as entitled to such an animal in housing.

    The Iowa Civil Rights Commission will work with the Attorney General’s Consumer Protection Division to develop a verification form for providers to use in written findings. The form can only allow for a “yes” or “no” response on whether the patient or client has a disability and whether the need for the animal is related to the disability. The form cannot allow for additional detail. The bill conforms Iowa’s definition of “service animals” to the federal definition: dogs and miniature horses only. The substantive portions do not apply to “assistive animals” under chapter 717F, only to “assistance animals” and “service animals” as defined by the Americans with Disabilities Act (ADA) and the federal Fair Housing Act.

    The bill requires a landlord to waive any restrictions, fees or other charges assessed to tenants with pets. A person who intentionally misrepresents an animal as a service animal or service animal in training could be charged with a crime. A person commits this offense if all of these  elements are established: for the purpose of obtaining any of the rights or privileges set forth in state or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service animal in training, or a person with a disability’s service animal or service animal in training whom the person is assisting by controlling; the person was previously given a written or verbal warning that it is illegal to intentionally misrepresent an animal as a service animal or a service animal in training; and the person knows that the animal in question is not a service animal or a service animal in training. The offense is a simple misdemeanor, punishable by confinement for no more than 30 days, or a fine of at least $65 but no more than $625, or by both.

    The bill gives owners of real property immunity from liability for injury or damage caused by service animals and service animals in training if the owner believes in good faith that the animal is a service animal or a service animal in training and the person using the animal is a person with a disability, a person assisting a person with a disability by controlling a service animal or a service animal in training, or a person training a service animal in training; and the injury or damage is not caused by the owner’s negligence, recklessness or willful misconduct.
    [3/19: 49-0 (Vacant: Danielson)]

     

    HF 288 – Injured veterans grant parameters; professional licensure

    HF 288 is an Iowa Department of Public Defense recommendation. Currently, Iowans serving in the Iowa National Guard, Reserve or regular component of the U.S. Armed Forces who are deployed overseas and seriously or very seriously injured in the line of duty while in a combat zone or hazardous duty pay zone are eligible to apply for an Injured Veterans Grant. In recent years, the Department of Defense has categorized some areas as “Overseas Contingency Operations,” including Kuwait, Kosovo and Djibouti.

    The legislation modifies eligibility to allow those deployed in any region outside of the United States who are injured and evacuated to be eligible to apply for a grant while the injured veteran is hospitalized or receiving medical care or rehabilitation services authorized by the military. The Legislature established the program in 2007, retroactive to September 11, 2001. Grants are paid in increments of $2,500 up to a maximum of $10,000. Most receive $2,500 to help family in the first month when the service member is medically evacuated to a hospital. Additional money may be given for longer periods (30 days, 60 days and 90 days) of hospitalization, medical treatment and rehabilitation services by the military or Veterans Administration.

    The Iowa Department of Veterans Affairs, the Commission of Veterans Affairs and the National Guard will collaborate to study the sustainability of future funding for the Injured Veterans Grant Program. A written report is due to the Governor and Legislature by December 31, 2019.

    The proposal also establishes an expedited licensing process for spouses of active-duty members of the U.S. military who are stationed in Iowa. Licensing boards must establish provisional licensing procedures by January 1, 2020 to expedite licensing for anyone licensed in a similar profession or occupation in another state who is the spouse of an active-duty member of the U.S. military. The secretaries of the U.S. Navy, Air Force and Army are asking governors and legislators in all states to adopt such guidelines.
    [3/21: 46-0 (Absent: Bisignano, Celsi, R. Taylor; Vacant: Danielson)] 

     

    HF 289 – Distribution of gambling receipts for charitable purposes

    HF 289 requires a qualified sponsoring organization licensed to operate gambling games in Iowa under Chapter 99F — Gambling Games Regulation — to provide that any organization exempt from federal income taxes under section 501(c)(19) of the Internal Revenue Code is eligible for a distribution of adjusted gross receipts for educational, civic, public, charitable, patriotic or religious uses.
    [4/24: 50-0]

     

    HF 689 – Removal of county veterans service officers

    HF 689 clarifies provisions regarding the removal from office of a county veterans service officer (VSO). Currently, each county commission of veteran affairs must employ an executive director or administrator, recognized as the county’s VSO. The bill provides that an executive director or administrator can only be removed from office by the county commission of veteran affairs subject to the approval of the county board of supervisors. This mirrors the appointment process to this position.
    [4/24: 50-0]

  • Legislators disappointed by governor’s veto of bipartisan help for suffering Iowans

    Iowa House and Senate
    For Immediate Release:  May 24, 2019

    Legislative supporters of strengthening Iowa’s weak medical cannabis program are disappointed Governor Reynolds vetoed HF 732 today.

    “The Governor’s veto is distressing news for thousands of sick and vulnerable Iowans who deserve greater access to this life-changing medication. I’m deeply disappointed that the Governor vetoed this bi-partisan bill, which passed overwhelmingly in both the House and Senate,” said Representative John Forbes, an Urbandale pharmacist.

    For the last five years, sick, vulnerable Iowans from across the state have been a regular presence at the Iowa Statehouse. The focus this session was improving what has been called the nation’s “least helpful medical cannabis law.” House File 732 passed the Iowa House by a vote of 96 to 3 and the Iowa Senate by a vote of 40 to 7.

    “Iowa’s medical cannabis program is too bureaucratic, too expensive and makes thousands of sick Iowans needlessly suffer,” said State Senator Joe Bolkcom of Iowa City.  “Iowa’s law covers a very limited number of conditions and imposes arbitrary limits not found in other states.

    On February 23, 2019, the Iowa Poll found that 78% of Iowans want the state’s medical cannabis program expanded.

    -end-

  • Labor & Business Relations Committee – All-Bill Summary 2019

    SF 304 – Prohibiting licensing sanctions for student loan default

    SF 567- Professional licensing sanctions for felons

    HF 650- Immunity from civil liability for negligent hiring

     

    SF 304 – Prohibiting licensing sanctions for student loan default

    SF 304 requires the state’s licensing boards to adopt rules that prohibit suspension or revocation of a professional license because the licensee is in default or delinquent on repayment of postsecondary education loans, solely on the basis of such default or delinquency.

    The bill repeals Iowa Code sections relating to the process by which the Iowa College Student Aid Commission can initiate action to deny, revoke or suspend a license to someone who has defaulted. According to Iowa Student Aid Commission, they do not use this process now.
    [3/11: 46-0 (Absent: Elder, J. Smith, Zaun; Vacant: Danielson)]

     

    SF 567– Professional licensing sanctions for felons

    SF 567 relates to professional licensing and the ability for licensing boards to deny, revoke or suspend a license because of a felony conviction. The bill allows the boards to grant an exception for a person who would otherwise be denied a license because of conviction for a felony, provided there is an extenuating circumstance that justifies the exemption. The bill also strikes current Code sections allowing the boards to revoke, deny or suspend a license for conviction of any felony.

    The bill forbids the Iowa Department of Corrections to enroll an inmate in an apprenticeship program if the inmate is unable to obtain a necessary license to practice due to a felony conviction that is violent or sexual in nature. Prior to enrolling an inmate in an apprenticeship program, the Department of Corrections must receive written confirmation from the appropriate licensing board that the inmate could receive the necessary license to practice the profession if it appears that inmate may be disqualified from receiving such a license.

    The bill provides specific guidance to the Electrical Examining Board and the Plumbing and Mechanical Systems Board when the boards consider exceptions for a person who would otherwise be denied a license due to a felony. The boards must consider the nature and seriousness of the offense, mitigating circumstances surrounding the commission of the offense, the age of the person at that time, letters of reference and other relevant evidence of rehabilitation. Also, the language provides a list of specific crimes that will be grounds for denial, revocation or suspension of the license.

    These felonies must be grounds for denial, revocation or suspension of a license:

    • Conviction of a felony in Iowa that is sexual abuse in violation of 709.4.
    • Sexually violent felony offense as defined in section 229A.2.
    • Felony dependent adult abuse in violation of section 235B.20.
    • Forcible felony as defined in section 702.11.
    • Domestic abuse felony assault in violation of section 708.2A.

    A conviction of a felony in violation of federal law or in violation of the law of another state will be given the same effect as it would if such conviction had been under Iowa law. Conviction for any other felony will not be grounds for denial, revocation or suspension. A person holding a license prior to July 1, 2019, does not need to obtain an exception to maintain their license.

    The bill alters license requirements for barbering by allowing an individual who completes a barbering apprenticeship training program (registered by the Department of Labor) at the Department of Corrections to take the examination for a license to practice barbering.
    [4/17: 50-0]

     

    HF 650– Immunity from civil liability for negligent hiring

    HF 650 prohibits a cause of action for damages against a private employer, general contractor or premises owner for negligently hiring an employee, agent or independent contractor who has been convicted of a public offense. However, a cause of action for negligent hiring based on evidence that the employee, agent or independent contractor has been convicted of a public offense is not prohibited if all of these criteria are met:

    • The employer knew or should have known of the conviction.
    • The employee was convicted of any of these crimes:
    • A public offense committed while performing duties substantially similar to those to be performed, taking into consideration these factors:
        • Nature and seriousness of the public offense.
        • Extent and nature of employee’s past criminal activity.
        • Age of employee when offense was committed.
        • Amount of time that has elapsed since the last criminal activity.
    • A sexually violent offense
    • Dependent adult abuse
    • First-degree murder
    • Second-degree murder
    • Felony assault
    • Domestic abuse assault
    • First-degree kidnapping
    • Robbery first degree
    • Manufacture or possession of a controlled substance on school grounds and other public properties.
    • A felony offense involving the use of a dangerous weapon.

    The protections provided in this bill will not apply in a suit concerning the misuse of funds or property of a person other than the employer by an employee if, on the date the employee was hired, the employee had been convicted of a public offense that included fraud or the misuse of funds or property as an element of the public offense, and it was foreseeable that the position for which the employee, agent or independent contractor was hired would involve discharging a fiduciary responsibility in the management of funds or property.
    [4/8: 50-0]

  • Statement: Republican politicians have done harm to all Iowa workers

    Statement by Senate Democratic Leader Janet Petersen on Iowa Supreme Court decisions

    “By taking away the rights of teachers, firefighters, nurses, correctional officers and other public servants, Republican politicians have done harm to all Iowa workers. Working Iowa men and women are the real victims of the assault by the Branstad/Reynolds Administration and Republican-controlled Legislature.

    “Chief Justice Cady got it right when he said the law stripping workers of their rights ‘offends our constitution.’

    “Senate Democrats continue to believe that all Iowa workers deserve respect, dignity and the right to bargain for health and safety protections. We will always stand side by side with ISEA, AFSCME and other unions who continue to stand up for the rights of public employees across the state.”

    END

  • Statement on Governor signing Health & Human Services budget

    “Governor Reynolds and legislative Republicans worked in lock step to pass a budget rich with perks for special interests and out-of-state corporations rather than putting Iowans first. They supported taking away the civil rights of Iowans; implementing policies that will result in more unplanned pregnancies and abortions; and ignoring the concerns of Medicaid recipients, health care providers and taxpayers who are being harmed by privatized Medicaid.

    “Senate Democrats remain committed to expanding civil rights for Iowans, supporting policies that will result in fewer unplanned pregnancies and abortion, and making Medicaid accountable, affordable and sustainable again.”

    –         – end –

  • End-of-Session Remarks from Senate Democratic Leader Janet Petersen

    End-of-Session Remarks 2019

    Senate Democratic Leader Janet Petersen

     

    Thank you, Mr. President.

    As we wind down the 2019 Legislative session, I want to thank my Democratic colleagues for the honor of serving as your Leader. It is an honor leading a team of senators who care deeply about our state and the Iowans we serve.

    I want to give a special “thank you” to the new members of our caucus: Senators Claire Celsi, Eric Giddens, Jackie Smith, Todd Taylor and Zach Wahls. They have all brought new enthusiasm and ideas to the Iowa Senate and we’re all grateful for their service.

    Thank you to our dedicated caucus staff and leadership team who put in countless hours and have their fingerprints on every piece of legislation that runs through this chamber.  We are fortunate to have such smart, caring and talented people working for us, and more importantly, working for Iowans.  A special thanks to the Republican caucus staff and leadership team as well.

    Thank you to the Secretary of the Senate, your staff, and the Senate pages who keep this chamber running smoothly.

    Thank you to everyone at the Legislative Services Agency, to our joint legislative employees, and the Legislative Ombudsman’s Office for your putting your gifts to work on behalf of Iowans.

    Let’s give them all a round of applause!

    Mr. President, Mr. Majority Leader, Senate colleagues, and to all the Iowans we serve:  On the opening day of the 2019 Legislative Session, I talked about how the Iowa Senate has called this chamber home for more than 130 years.

    The laws and budgets we pass or don’t pass have the ability to impact the lives of every Generation living in our state today – and Generations who will be sitting in our chairs long after we are gone.

    This session we did some good things for the people of this state.

    One of the most significant pieces of legislation we passed was the guardianship bill, a cause championed by Josie Gitler of Iowa City and so many others who worked with her.  That bill will help protect hundreds of lives.

    We passed the Iowa CARE Act, and established a governance structure for a children’s mental health system in our state.

    We finally passed a bill opening the door to hemp production in Iowa.

    There were missed opportunities as well. 

    Once again, we saw Republicans “fixing” things that weren’t broken instead of fixing things that are broken…

    Iowans want strong public schools.  Instead of fully funding our public schools, we saw Republicans push for private school vouchers that would take resources away from thousands of Iowa’s children.

    Iowans want legislators to work on initiatives to prevent crime;  deal with substance abuse and mental health problems; make our neighborhoods, workplaces and schools safer; and reduce racial disparities in our criminal system.  Instead of tackling many of those issues, we saw a bill to completely revamp Iowa’s highly respected judicial nominating system to politicize Iowa’s courts.

    Iowans are innovative and making great strides in solar, wind and other renewable energy areas. Instead of supporting those efforts, Senate Republicans passed a bill that would give government-supported monopolies the power to squelch Iowa’s growing solar industry. They also put further restrictions on energy efficiency programs for homes and businesses.  Democrats believe we should be working together on renewable energy policies that help our entire state thrive.

    Instead of focusing on health prevention and wellness efforts, our state is still reeling from the Governor’s privatized Medicaid mess that has gone on for more than three years. More than 425,000 Iowans and hundreds of health care providers will soon find themselves navigating through a web of red tape of yet another for-profit Managed Care Organization.  Democrats believe health care dollars should be going to health care, not helping out-of-state, for-profit companies with their bottom line.

    Democrats pushed for automatic voter registration and improved cyber security oversight for elections. Instead of expanding voter rights in Iowa, we saw Senator Roby Smith and his Republican colleagues push for more voter suppression legislation that would have made it harder to vote for Iowa college kids, veterans, and those who don’t work a 9 to 5 job.

    Speaking of elections, it’s a real shame that Senate Republicans dropped the ball on a proposal by Governor Reynolds to restore voting rights to felons who have served their time. The Governor’s proposal was approved on 95-2 vote in the House nearly a month ago and clearly had bipartisan support in the Iowa Senate. There’s no excuse for Senate Republicans turning their backs on Iowans who deserve a second chance.

    Iowa lost another eight labor and delivery departments last year and our state’s maternal mortality rate has more than doubled in less than three years. Yet, several maternal and reproductive health care bills Democrats proposed did not get taken up.  The Governor did not get her pharmacy access to birth control bill through the legislature nor did the Republicans restore access to health care providers again for the thousands of women who were banned seeing many of Iowans most highly qualified providers in 2017. And in the final hours of the session, Republicans voted for anti-Planned Parenthood legislation that will actually lead to more abortions in our state, not fewer. That’s shameful!

    It’s also shameful that legislative Republicans decided at the 11th hour of this session to take away the civil rights of Iowans who are already marginalized in our society. Democrats believe in expanding and protecting the civil rights of ALL Iowans. That is how we help our state grow.

    Democrats pushed for putting more money in the pockets of Iowans with fairer tax policies, better job and apprenticeship opportunities, and decent wage and benefit policies for Iowans who work hard every day to support themselves and the people they love.  Senate Republicans pushed for more red tape and hurdles for Iowa families struggling to make ends meet.

    Children and adult survivors of child sexual abuse also lost again this session.  A bill that would finally give survivors a chance to seek justice against their perpetrators and the organizations that covered up the crime were kept in a desk drawer and only a small window of time was added to the criminal statute of limitation for child sexual abuse.

    While I am disappointed, that we did not accomplish more good things for Iowans in 2019, I am hopeful we can work together to make bigger strides next session.

    I truly believe there are more things that unite us than divide us and we must continue looking for ways to work together to make Iowa a state we can proud to call home.

    Thank you Iowans for making your voices heard this session.

    – end –