Category: Official

Judiciary – All-Bill Summary 2017

The following bills were passed by the Legislature and signed into law by the Governor.

SF 260 – Premises liability – trespassers
SF 275 – Change of venue in termination of parental rights proceedings
SF 332 – Changes to controlled substances schedules
SF 333 – Fiduciary access to digital assets
SF 358 – Authorizing electronic application for search warrants
SF 374 – State Public Defender policy bill
SF 376 – Claims for asbestos exposure
SF 401 – Sexual abuse civil protective orders
SF 403 – Theft of equipment rental property
SF 405 – Substantive Code Editor’s bill
SF 413 – Statute of Repose
SF 433 – Relating to adoption and adoption fraud
SF 444 – Using handheld devices and establishing a 24/7 program
SF 445 – Law enforcement officer privileges and sentencing reform
SF 446 – Civil asset forfeiture
SF 465 – Medical malpractice, caps on damages, expert witness requirements
SF 466 – Juror master list and shorthand reporters
SF 467 – Felons and life insurance proceeds
HF 52 – Criminal offense of interference with judicial acts- bailiffs
HF 69 – Modifying penalties for trespassing
HF 133 – Guardians ad litem, attorneys for minor children, child custody investigators
HF 134 – Regulating the occupancy of rental property based on familial status
HF 146 – Notice requirements for forcible entry and detainers
HF 183 – Service of copies of court documents relating to dependent adults
HF 184 – Petitions for administration of small estates
HF 195 – Requests for notice of probate proceedings
HF 253 – Relating to paternity and the obligation for support
HF 263 – Domestic abuse, harassment, and stalking
HF 296 – Definition of imitation drugs moved to Chapter 124, increasing penalties
HF 371 – Att. fees and court costs in action pursuant to request for quitclaim deed
HF 488 – Non-substantive Code Editor’s bill
HF 517 – Firearms omnibus bill
HF 523 – Medical examiners access to drug prescribing and dispensing information
HF 524 – Medical cannabis (originally related to the drug prescribing and dispensing)
HF 526 – Criminal offense of harassment and nonconsensual pornography

SF 260 establishes that a possessor of real property is not liable for injury to a trespasser, except to use reasonable care to avoid injuring them once their presence is known. They may be liable if a child trespasser is injured by a dangerous condition that should have been known to the possessor. This codifies case law relating to premises liability, and is an effort to preempt courts from adopting a different liability standard that would potentially impose greater liability.
[3/3: 48-1 (Bisignano “no”; C. Johnson absent)]

SF 275 allows a petition terminating parental rights to be filed in a county other than the county where the children, guardian, mother or pregnant woman live, if there are valid safety concerns. The petition must be made within the judicial district that includes the home county. The court must keep the residence of child and petitioner confidential.
[3/8: 49-0 (Chelgren absent)]

SF 332 makes changes to controlled substance schedules to conform to actions taken by the U.S. Department of Justice, Drug Enforcement Administration.
[3/13: 49-0 (Bertrand absent)]

SF 333 creates a new Code Chapter, “Iowa Uniform Fiduciary Access to Digital Assets Act,” to address technology changes that allow people to store property and communications online. A digital asset is “an electronic record in which an individual has a right or interest.” Electronic relates “to technology having electrical, digital magnetic, wireless, optical, electromagnetic, or similar capabilities.” Examples of digital assets include a Facebook, e-mail, Google or electronic banking accounts. “Custodians” are the companies that provide the accounts.

When a person dies or becomes incapacitated, heirs and fiduciaries may be prohibited from accessing their digital assets. This Act provides a uniform and consistent framework for individuals and their fiduciaries to plan for digital assets. Internet users will have control over their digital assets by specifying if they should be preserved, distributed to heirs or destroyed. Default rules will govern access to digital assets for executors and administrators of an estate, agents under a power of attorney, guardians, conservators and trustees.

Highlights of the Act include:

An account user may use an online tool (e.g., Facebook) to direct a custodian to disclose their digital assets.
The user may allow or prohibit disclosure in a will, trust, power of attorney or other record.
A fiduciary does not possess any new or expanded rights beyond that of the user.
There is no requirement to disclose a digital asset that was deleted by the user.
If disclosure of some digital assets imposes an undue burden, the custodian or fiduciary may seek a court order regarding disclosure.
Disclosure of electronic communications requires a fiduciary to provide proof that they have a right to the digital assets.
Disclosure of non-content digital assets also requires specific documentation.
If the request for disclosure is made by a guardian or conservator, there must be an opportunity for a hearing, after which a court may grant access to digital assets other than electronic communications. A guardian or conservator may request suspension or termination of an account.
[3/13: 49-0 (Bertrand absent)]

SF 358 – Search warrants may be applied for and issued electronically. Pursuant to an electronic application, magistrates can communicate electronically with the applicant, and the magistrate may administer the person’s oath or affirmation by electronic means. In addition, an inventory of property seized pursuant to the warrant may be filed with the magistrate or clerk of court. Current law requires the inventory to be filed with the magistrate. The Judicial Branch will establish processes and procedures, which will likely be done through the Electronic Document Management System (EDMS). The Act takes effect when rules prescribed by the Supreme Court are in place and submitted to the Legislative Council.
[3/9: 48-0 (Anderson, Bertrand absent)]

SF 374 relates to the office of the State Public Defender. The bill:

Conform to the Iowa Supreme Court decision in State v. Young, clarifying that an indigent person is entitled to counsel when the crime they are charged with carries a possibility of jail time.
Updates language allowing the State Public Defender to contract with nonprofit organizations for legal services. Some nonprofits, such as the Innocence Project, use volunteer attorneys, so language requiring an organization to “employ” attorneys is deleted.
Allows the State Public Defender’s field offices to maintain conflict separation in a virtualized cloud environment, rather than through separate servers in 20 field offices.
Allows State Public Defenders to report case expenses within a reasonable time after a case is closed rather than the 10 days.
Requires a political subdivision to reimburse the State Public Defender’s Office for attorney’s fees and expenses for the defense of a person charged with violating a local ordinance that requires an attorney be appointed, effective January 1, 2018.
[4/11: 49-0 (Allen absent)]

SF 376 sets requirements for filing claims for asbestos exposure with asbestos bankruptcy trust claims and civil suits, including what a plaintiff must file, time limits for filings, and what is required to prove damages due to asbestos exposure. A plaintiff who files a civil asbestos action must disclose documents and information related to claims against any asbestos trust within 90 days of filing an action or 90 days of the effective date of this legislation, whichever is later. Trust claim materials and governance documents are presumed to be relevant, authentic and admissible as evidence in an asbestos action. This legislation limits recovery for damages that caused serious health problems and/or death.
[3/8: 27-22, party-line, except Bertrand, D. Johnson voting “no” with Democrats; Chelgren absent)]

SF 401 allows victims of sexual abuse to get a civil protective order that requires the perpetrator to stay away from them and their home, school and workplace. Previously, civil protective orders were available for victims of domestic abuse and elder abuse. Victims of sexual abuse can only get a no-contact order if there is a criminal prosecution, which does not always happen. Those protected by a domestic abuse civil protective order or a sexual abuse civil protective order can sign up for notifications from a victim notification system. The protected person and others who register will receive notification when the protective order is served, as well as notification at least 30 days prior to expiration of the order.
[3/8: 49-0 (Chelgren absent)]

SF 403 adds theft of equipment rental property to the definition of theft and adds a new element to what constitutes theft of equipment rental property. The aggregate value of the equipment rental property must be the original retail value of the property. Evidence of theft includes using a false name, address or identification, or deception to obtain the equipment rental property. It is also evidence of theft if a person lawfully obtains the property but fails to return the property or pay the fair market value of the property within 48 hours of receiving a written notice from the owner.
[3/13: 49-0 (Bertrand absent)]

SF 405 is the Substantive Code Editor’s bill that adjusts language to reflect current practices, inserts earlier omissions, deletes redundancies and inaccuracies, and removes temporary language.
[3/15: 49-0 (Horn absent)]

SF 413 relates to a statute of repose for improvements to real property. The bill:

Maintains the statute of repose relating to nuclear power plants and interstate pipelines at 15 years.
Sets the statute of repose for residential construction at 10 years.
Maintains a statute of repose at 15 years when there is intentional misconduct or fraudulent concealment of an unsafe or defective condition.
Sets a statute of repose for all other improvements to real property at eight years.
[3/8: 32-16, party-line except Allen, Bowman, Kinney, McCoy voting “yes” with Republicans; Bertrand, Chelgren absent)]

SF 433 addresses adoption fraud. The bill:

Limits adoption services to state licensed adoption agencies and attorneys. Both are strictly regulated for ethical practices and competency.
Toughens penalties for scamming prospective adoptive parents.
Caps allowable expenses payable to expectant parents who are making an adoption plan.
Requires that all expenses paid to expectant parents be documented and reported to the court in the termination proceeding and adoption proceeding to catch abuses earlier in the process.
Requires adoption agencies to use separate escrow accounts for adoptive parents’ funds for birthparent expenses, rather than commingling them with agency funds, and requires a detailed accounting of expenditures to adoptive parents.
[3/21: 49-0 (Shipley absent)]

SF 444 is a traffic safety bill with two distinct parts.

Division I – The charge of reckless driving applies when a driver causes an accident that seriously injures or kills someone while texting. Public safety officers performing official duties, healthcare professionals in an emergency and drivers receiving safety-related information (emergency, traffic or weather alerts) are excluded from potential charges of reckless driving. A handheld electronic communication device is “a mobile telephone or other portable electronic communication device capable of being used to write, send, or view an electronic message.” Reckless driving is a Class “C” felony.

Division II requires the Department of Public Safety to create a statewide sobriety and drug monitoring program for jurisdictions (e.g., counties) that want to participate. If a person charged with an offense involving abuse of alcohol or a controlled substance, they may be required to participate in the program.

A defendant may be ordered to:

Abstain from alcohol and controlled substances.
Submit to twice-per-day testing to determine if alcohol or drugs are being used.
Use an alternative method to twice-per-day testing if it creates a hardship or is geographically impractical.

Participants who fail to show up for testing or test positive may be jailed for up to 24 hours, pending a hearing. If a participant fails to show up, the magistrate can issue an arrest warrant. The program is repealed July 1, 2022.
[4/12: 49-0 (Bertrand absent)]

SF 445 prohibits requiring a law enforcement officer to give evidence in a criminal proceeding or to be questioned regarding:

Personal identifying information about themselves or their immediate family, or information unrelated to the officer’s duties that could be used to threaten, harm or intimidate the officer or family.
Identification documents necessary to conduct a lawful undercover criminal investigation.

The name, photograph, compensation and benefit records, time records, residential address or any other personal identifying information of an undercover law enforcement officer must be confidential while the officer is actively involved in an investigation. An undercover officer is “…a law enforcement officer actively engaged in undercover law enforcement work whose assignment requires the law enforcement officer to work incognito, or in a situation in which the true identity of the law enforcement officer is intentionally hidden from others.”

Other Divisions – Sentencing reform & attempted murder of a peace officer

Penalties for Crack Cocaine – Increases the amounts of crack cocaine to be charged with various levels of felonies. The increased amounts bring more parity to the penalties for the possession of crack and powder cocaine.
1. To be charged with a super “B” felony (up to 50 years), a person must manufacture, possess with intent to distribute, etc. at least 200 grams of crack cocaine. Previous law required 50 grams or above.
2. To be charged with a “B” felony (up to 25 years), the amount of crack cocaine must be 40 to 200 grams. Previous law was 10 to 50 grams.
3. Forty grams or less of crack cocaine is a “C” felony” (up to 10 years).
Attempted murder of a peace officer – A new crime of attempted murder of a peace officer is punishable by 25 years with no opportunity for parole or work release and no earned time. If convicted of multiple offenses, the attempted murder of a peace officer is served first.
No mandatory minimums for “C” felony drug offenses – Removes mandatory minimums (previously 20 months) for “C” felony drug offenses. This provision is retroactive, so it may impact the sentences of approximately 175 offenders.
Reconsideration of a felon’s sentence – Amends Code section 902.4 to prohibit reconsideration of class “B” felonies, which is already the case for class “A” felony sentences. The bill removes the prohibition on reconsidering mandatory minimum sentences.
Repeals Section 152C.6 of the Code, which says that “no city, township, or county governmental body, agency, or department will enact or enforce restrictions or requirements regarding massage therapists which are not equally enacted or enforced regarding all licensed health care practitioners, including but not limited to zoning, building code, health and sanitation regulations.”
[4/19: 50-0]

SF 446 is a Forfeiture Reform Act, which makes changes to Chapter 809A. Changes are in response to complaints from those who’ve had property seized by law enforcement. Highlights of the bill include:

Minimum civil forfeiture amount: No civil asset forfeiture without a criminal conviction when the seized property is valued at less than the minimum civil forfeiture amount of $5,000.
- If the seized property is less than the minimum, there must be a criminal conviction for forfeiture.
- If there is a criminal conviction when the property is valued at less than the minimum, judicial forfeiture proceedings must commence within 90 days of the criminal proceeding but can be extended if with a timely petition.
- If the property is less than the minimum, forfeiture proceedings can still be brought if:
  - The property owner is deceased
  - Charges have been brought against the owner and a warrant has been issued for the owner’s arrest, but the owner is outside the state and can’t be extradited or cannot be located.
- Standard of proof: The standard of proof for asset forfeiture is increased to “clear and convincing evidence.” The standard had been a “preponderance of evidence that the property is subject to forfeiture.”
- Proportionality review: Property cannot be forfeited if the value is grossly disproportionate to the severity of the crime. The court must consider certain factors in determining proportionality.
- Law enforcement must have written internal control policies that include:
  - Detailed records of property acquired and the date it was acquired.
  - The manner in which the property was disposed, including the date of disposition and financial records regarding property sold. Records must include an itemized list of specific expenditures made with money from the sale.
  - These records will be public.

[3/28: 49-0 (Rozenboom absent)]

SF 465 sets a $250,000 cap on noneconomic damages that can be recovered by a plaintiff in a medical malpractice case; creates overly strict requirements for qualifying as an expert witness; and requires certificate of merit affidavits for expert witnesses. A jury may exceed the $250,000 cap on economic damages if there is substantial or permanent loss or impairment of a bodily function, substantial disfigurement or death. These changes went into effect with the Governor signed the bill into law and impact causes of action that occur on or after that date.
[4/17: 37-12 (Bisignano, Bolkcom, Boulton, Dotzler, Dvorsky, Hogg, Jochum, D. Johnson, Mathis, Petersen, Quirmbach, Taylor voting “no”; McCoy absent)]

SF 466 addresses Iowa’s Jury Management System and governance of Iowa’s shorthand reporters. The bill:

Modernizes Iowa’s Jury Management System by eliminating the drawing of juror lists by a jury commission; clarifies the role and responsibilities of local jury managers; requires the master jury list to be updated electronically each year; and specifies that non-operator identification lists will be used in compiling the master jury list.
Requires the Iowa Supreme Court to supervise the Board of Examiners of Shorthand Reporters and have authority to review and modify any Board action. The Supreme Court may establish rules for supervision of the Board. If a shorthand reporter’s certification is placed in exempt status, the reporter may transcribe and certify a proceeding that was reported while the reporter was in active status, and the reporter will be subject to the jurisdiction of the Board if circumstances require.
[3/16: 48-0 (Bertrand, Zumbach absent)]

SF 467 prohibits receipt of life insurance proceeds by a person who commits a violent felony against the insured, but the felony does not cause death. A beneficiary convicted of felonious assault, felonious sex abuse, attempted murder or kidnapping, or human trafficking against the insured within the six months prior to the death of the insured is not entitled to the proceeds. The felony does not need to be related to the death. The insured may affirm in a notarized writing that the beneficiary should receive benefits under the life insurance policy despite the felony conviction.
[4/19: 50-0]

HF 52 adds county bailiffs to the list of professions in the Code section relating to interference with official acts. If a person knowingly resists or obstructs a bailiff in the performance of their duties, they can be charged with interference with official acts. Previously, this applied only to peace officers, jailers, emergency medical providers and firefighters.
[4/3: 49-0 (Bertrand absent)]

HF 69 amends penalties for simple trespass. It will continue to be a simple misdemeanor but will be punishable as a scheduled violation: a fine of $200 for a first offense, $500 for a second offense and $1000 for a third or subsequent violation. These penalties also apply to those who trespass while hunting deer other than farm deer or preserve whitetail. A peace officer may arrest an individual who has trespassed and has already received a citation, but refuses to leave the property or immediately returns to the property. A property owner can post a no trespassing notice at the entrance to the property or the forbidden part of the property.

[4/19: 49-1 (McCoy voting “no”)]

HF 133 prevents a person from acting as both a guardian ad litem and a child’s attorney. An attorney’s job is to advocate for the child’s wishes, while a guardian ad litem advocates for the child’s best interests. The bill details and expands the duties of the children’s attorneys and guardians ad litem, and clarifies that lawyers should not testify as witnesses or reporters in family law cases.
[4/3: 49-0 (Bertrand absent)]

HF 134 prohibits a city from limiting the occupancy of residential rental property based upon familial or non-familial relationships among occupants.
[4/11: 43-6 (Bolkcom, Hogg, Mathis, Dvorsky, Kinney, Quirmbach “no”; Allen absent)]

HF 146 – Notice requirements for a forcible entry and detainer will be deemed satisfied if the defendant or the defendant’s attorney appear at the hearing. However, if the hearing is held fewer than three days after service of the original notice or if the notice is deemed satisfied, the court must inform the defendant or their right to a continuance and will grant a continuance if the defendant wants one to prepare for the hearing or to retain an attorney.
[4/5: 50-0]

HF 183 expands the categories of those who could be served with a petition for protective services relating to a dependent adult. Previously, Iowa law set out an order of priority for those to be served. Once the Department of Human Services has served a person in one of the categories, it is not required to serve anyone else in the other categories. The bill adds a dependent adult’s spouse (only if they are not legally separated), the dependent adult’s parents and the dependent adult’s grandparents.
[4/3: 49-0 (Bertrand absent)]

HF 184 conforms the information required in a petition to commence a probate proceeding involving a small estate to that required for a large estate (more than $100,000). The bill removes the requirement that the name and relationship of each beneficiary in a testate estate (there is a will) or known heirs in an intestate estate (no will) be included in a petition to probate a small estate.
[4/13: 49-0 (Bertrand absent)]

HF 195 updates the Probate Code to allow electronic notices. Any person interested in receiving notices regarding a probate proceeding must provide an e-mail address so that notices can be sent electronically. Previously, the Code required notice to be sent by ordinary mail.
[[4/13: 49-0 (Bertrand absent)]

HF 253 modifies Code Chapter 600B relating to paternity and obligation for support when parents are not married. The modifications are intended to provide consistency between Chapter 600B and Chapter 598, which deals with custody actions between married parents. The bill provides that any party found in contempt for failing to pay child support under Chapter 600B can be ordered to pay attorney’s fees of the complaining party. In addition, the bill requires unmarried parents involved in custody actions to complete a court-approved Children in the Middle course.
[4/10: 48-0 (Allen, Taylor absent)]

HF 263 relates to domestic abuse. The bill:

Requires the court to set a mandatory minimum sentence for a third or subsequent domestic abuse assault between one-fifth and the maximum sentence. A third or subsequent domestic abuse assault is a Class “D” felony with a sentence of up to five years, so the court must establish a mandatory minimum of at least one year and up to five years.
Expands the definition of stalking.
Establishes the crime of unauthorized placement of a GPS device.
Reduces earned time for a person sentenced to prison for a third or subsequent domestic abuse assault.
Prohibits the accumulation of earned time until an offender participates and completes domestic abuse programming.
Requires the Board of Parole in conjunction with the Department of Corrections to develop a domestic abuse risk assessment tool.
Authorizes electronic monitoring for those convicted of domestic abuse a third time when placed on parole or work release.
Prohibits a deferred judgement, a deferred sentence or a suspended sentence for those convicted of domestic abuse a third time.
[4/10: 48-0 (Allen, Taylor absent)]

HF 296 relates primarily to imitation controlled substances. Key provisions include:

A temporarily designated (by the Board of Pharmacy) controlled substance will remain as such for two years. If the Legislature does not act to make it permanent within that time, the temporary designation is repealed.
All imitation controlled substances are placed on the controlled substances schedules, thus making the penalties for possession, manufacture, distribution, etc. comparable to the penalties for controlled substances.
Placing synthetic opioids on the list of Schedule I controlled substances.

Division I: Temporary designations of controlled substances

Previously, if the federal government designated a new controlled substance, the Board of Pharmacy would similarly designate it a controlled substance, unless the Board objected. The designation by the Board was considered a temporary designation. For permanent designation as controlled substances, the Legislature had to designate them as such within the first 60 days of the next session. If the Legislature did not act, the temporary designation was nullified.

This bill changes the time required for the Legislature to act to make the designations permanent. The temporary designation as a controlled substance by the Board of Pharmacy will remain in effect for two years from the time the temporary designation went into effect. If the Legislature does not act in that time, the temporary designation is repealed.

Division II: Imitation Controlled Substances

Previously, an imitation controlled substance is “not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance.” Imitation controlled substances were covered in Code Chapter 124A and the unlawful manufacture, possession, distribution of an imitation controlled substance was an aggravated misdemeanor. If an adult delivers an imitation controlled substance to a minor who is at least three years younger than the adult, the penalty is a “D” felony.

Chapter 124A is repealed. Imitation controlled substances are now covered in Chapter 124 (scheduling of controlled substances). The definition of imitation controlled substance does not change.

The Board of Pharmacy may designate an imitation controlled substance pursuant to rulemaking authority.
A substance does not have to have been designated by the Board to be considered an imitation controlled substance. Factors that help determine an imitation controlled substance include:
- Person in control indicates the substance has the effect of a controlled substance
- Person in control indicates the substance can be sold or delivered as a controlled substance or as a substitute.
- Person in control receives consideration for delivery of the substance.

Division III: Penalties for manufacture, delivery or possession with the intent to manufacture or deliver

More than 10 kilograms of an imitation controlled substance	“Super B” felony	Up to 50 years and fine up to $1 million
5 to 10 kilograms of an imitation controlled substance	“B” felony	Up to 25 years and a fine of $5000 to $100,000
5 kilograms or less	“C” felony	Up to 10 years and a fine of $1000 to $50,000.

Note: 1 kilogram equals 2.2 pounds

Division IV: Additional Controlled Substances – Adds a group of synthetic opioids to the list of Schedule I controlled substances.

The bill eliminates the requirement for an electronic signature for prescriptions for drugs that are not controlled substances if transmitted by an authorized agent, and strikes the 10-year mandatory minimum for a “B” felony conviction for selling and distributing Schedule I and II controlled substances near a school, park and other public places.
[4/19: 48-2 (Bolkcom, Taylor “no”)]

HF 371 allows a judge to assess reasonable attorney fees against defendants in quiet title actions. It also increases the fee provided to a party holding an apparent adverse interest in property when the party holding the adverse interest executes a quitclaim deed. The party requesting the quitclaim deed must make the request in writing and provide a draft of the quitclaim deed to the adverse party.
[4/13: 49-0 (Bertrand absent)]

HF 488 is the non-substantive Code Editor’s bill, which is submitted each year to make Code changes that generally exceed the Code Editor’s authority to make editorially but are considered to be non-substantive and non-controversial.
[3/23: 47-0 (Anderson, Bertrand, Shipley absent)]

HF 517 makes changes to Iowa’s firearms laws.

Division I – Offensive Weapons: Sections 1 and 2 – Legalizes possession of short-barreled rifles and short-barreled shotguns as defined by federal law, if the person is in compliance with federal law. A violation is a “D” felony.

Division II – Carrying and Possession of Weapons

Section 3 – Removes redundant language.
Section 4 – Going armed with intent” – “Intent cannot be inferred from mere carrying or concealment of any dangerous weapon, including carrying a loaded firearm in a vehicle or about a person’s body.”
Section 5 – Allows private investigators and private security officers to carry firearms on school grounds while performing their job if they have a permit to carry.
Section 6 – Makes it a serious misdemeanor to possess a dangerous weapon while intoxicated (previously an aggravated misdemeanor). Conviction of an aggravated misdemeanor involving a firearm prohibits a person from possessing a firearm under Iowa law. It will not be a crime to possess a dangerous weapon on your own property while intoxicated. Also, it will not be a crime to temporarily possess a dangerous weapon while intoxicated to use the weapon in self-defense or defense of another.
Section 7 – If carrying a revolver, pistol or pocket billy concealed, a person must have their permit to carry with them. A violation is a simple misdemeanor. However, if the person presents evidence to the clerk of court of a permit to carry that was valid at the time of the offense, the charge is dismissed. The person still pays court costs.

Division III- Permit to Carry Weapons and Firearm Safety Training

Section 8 – Changes “firearms training program” to “firearm safety training.”
Sections 9 & 10 – A person only needs to show evidence of training one time within 24 months prior to applying for an initial permit to carry and must demonstrate knowledge of firearm safety through any of the following:
Handgun safety training course available to the public offered through a law enforcement agency, community college, college, private or public institution or organization, or a firearms training school, using instructors certified by the NRA or DPS or other state’s police department.
Any handgun safety training course for security guards, investigators, special deputies, etc. approved by the Department of Public Safety.
Completion of small arms training while in the military at any time prior to the application.
Completion of law enforcement agency training course that qualifies a peace officer to carry a firearm.
Completion of hunter safety course that covers handgun safety training approved by the Natural Resource Commission.
- No training is required for renewal of permits issued after December 31, 2010.
- Training may be conducted over the Internet if verified by the instructor or provider of the course.
- If an applicant’s permit expires, firearms safety training is not be required for renewal.
- Renewals of permits may be made 30 days before or 30 days after expiration. The cost for an initial permit is $50; renewal is $25. The Department of Public Safety gets a portion of the fees to implement the law.
Section 11 – Permits will be uniform throughout the state as implemented by the Department of Public Safety.
Section 12 – The loser pays the cost of an appeal of permit denial. If the applicant withdraws his appeal, he must pay the sheriff’s costs. Previous law required the sheriff to pay for all appeals.
The Department of Public Safety will promulgate rules to ensure permits issued in one county are transferable if the permit holder moves to another county.

Division IV – Permit to Acquire Pistols or Revolvers: Sections 13 through 22 – Permits to acquire are valid for five years and will have a uniform appearance as prescribed by the Department of Public Safety. Sheriffs may conduct annual criminal history checks of those who have permits to acquire. The sheriffs set the fees for permits to acquire.

Division V – Possession of Pistols or Revolvers by Persons Under 21: Sections 23 and 24 – Parents, guardians and spouses who are 21 or older may allow their child or spouse who is under 21 to possess a pistol, revolver or ammunition under direct supervision, which means maintaining a physical presence conducive to hands-on instruction, and visual and verbal contact. It is child endangerment to be intoxicated while supervising or instructing a person under 21 handling of a pistol or revolver. If a parent or guardian allows a minor to possess a pistol or revolver, they are liable for damages.

Division VI- Confidentiality of Permit Holder Information: Section 25 – All permits to carry and permits to acquire will be confidential except for:

Statistical purposes, if no identifying information of permit holders is revealed
Release of information to law enforcement when necessary to perform any lawfully authorized duty
Employers who require an employee to carry a professional permit
Court order requires or the permit holder has consented to the release

Division VII – State Preemption : Section 26 – If any city, county or township adopts an ordinance, rule, policy, etc. regulating firearms when the ownership, possession, transfer, transportation, etc. is otherwise lawful under state law, a person adversely affected may file suit for injunctive relief.

Division VIII – Pistols or Revolvers in the Capitol Building and on the Capitol Grounds: Section 27 – Those with permits to carry may carry pistols and revolvers concealed in the Capitol and on its grounds upon showing a valid permit to carry. DAS may write rules prohibiting carrying weapons in other Capitol Complex buildings.

Division IX – Emergency Powers

Section 28. In a declaration of a state of public disorder, the Governor may no longer prohibit the possession of firearms or other deadly weapons.
Section 29. In a disaster emergency, the Governor may no longer suspend or limit the sale, dispensing or transportation of firearms. The Governor does have such authority regarding alcohol, explosives and combustibles.
Section 30. Specifies that Chapter 29C does not authorize the Governor to prohibit, regulate or curtail possession, carrying, transportation or defensive use of firearms or ammunition, or to suspend or revoke carry permits, or to seize or confiscate firearms or ammunition during a declared emergency. The Governor may authorize the transfer of firearms and ammunition only. Emergency powers applied to firearms dealers are permissible if such restrictions are applied to all businesses in an affected area.

Division X – Use of Force and Deadly Force:

Section 31. A person may be wrong in their estimation of danger or the force necessary to repel danger, as long as there is a reasonable basis for the belief, and the person acts reasonably in response to that belief.
Section 32. Deadly force does not include a threat to cause serious injury or death, by the production, display or brandishing of a deadly weapon, as long as the actions of the person are limited to creating an expectation that the person may use deadly force.
Section 33. Establishes a presumption that deadly force is necessary if a person unlawfully enters a dwelling, place of business or employment, or occupied vehicle, or unlawfully attempts to remove another person from a dwelling, place of business or employment, or occupied vehicle. Establishes exceptions to presumption.
Section 34. Use of reasonable force is permissible to defend oneself from actual or imminent use of force.
Section 35. A person who reasonably believes (instead of “knows”) that a forcible felony is being perpetrated may use reasonable force to prevent it.
Section 36. A person justified in using reasonable force against an aggressor in defense on oneself, another person or property is immune from criminal or civil liability.
Section 37. Civil liability immunity extends not only to a person who causes injury, but also to a person who causes the death of an aggressor through reasonable force.
If a person uses deadly force, they must notify law enforcement. The person using deadly force must not tamper with any physical evidence at the scene.

Division XI – Fraudulent Purchase of Firearms or Ammunition (Straw Purchases): Section 38 – It is a “D” felony to knowingly induce a firearms dealer or private seller to transfer a firearm or ammunition in violation of state or federal law, or to provide false information to a dealer or seller with the intent to deceive regarding the legality of the transfer of a firearm or ammunition.

Division XII – Snowmobiles and All-Terrain Vehicles: Sections 39 and 40 – Allows the open carry of loaded pistols and revolvers by those on snowmobiles or all-terrain vehicles on another’s property, if the person is otherwise complying with the law. Previous law required firearms to be secured in a retention holster when on snowmobiles or all-terrain vehicles on another’s property.

Division XIII – Target Shooting: Section 41 – A person who owns or rents private premises in an unincorporated area may discharge a firearm for target shooting on the premises. This is not a violation of a noise ordinance or a public or private nuisance or otherwise prohibited by state or local law. Target shooting is discharging a firearm at an inanimate object for amusement or a test of skill (481A.123 (1) prohibits shooting within 200 yards of another home).

Division XIV – Effective Date and Applicability Provisions: The sections addressing underage possession of firearms and pistols and confidentiality of permits are effective upon enactment. Confidentiality of permits applies to all holders of permits to carry and acquire and to applicants for nonprofessional permits to carry and acquire.
[4/4: 33-17 (Bisignano, Bolkcom, Boulton, Danielson, Dotzler, Dvorsky, Hart, Hogg, Jochum, D. Johnson, Kinney, Lykam, Mathis, McCoy, Petersen, Quirmbach, Ragan “no”)]

HF 523 gives the state medical examiner, county medical examiners and their investigators access to the Drug Prescribing and Dispensing Information Program when the information relates to an investigation.
[4/13: 49-0 (Bertrand absent)]

HF 526 creates a new form of criminal harassment for “revenge porn,” though the term is misleading because dissemination is not always done for revenge. A better term might be “nonconsensual pornography.” It is illegal to disseminate pictures of another person nude, partially nude or engaged in a sex act without their consent. An offense is harassment in the first degree, an aggravated misdemeanor. The bill sets out exceptions.

The bill also amends language in the “invasion of privacy” criminal code section to ensure companies (e.g., Google, Facebook) cannot be charged with harassment under the new law. The bill also prohibits juveniles adjudicated delinquent for a violation from being placed on the sex offender registry.
[4/11: 48-1 (Taylor “no”; Allen absent)]

May 30, 2017

Human Resources Committee –All-Bill Summary 2017
The following bills were passed by the Legislature and signed into law by the Governor.

SF 51—Cytomegalovirus (CMV) awareness and screening
SF 250—Breast density notifications
SF 419—Nurse Licensure Compact
SF 471—Prohibits abortions after 20 weeks with limited exceptions
SF 479—Dental hygienists perform educational activities without supervision of dentist
SF 484—Board of Pharmacy Omnibus bill
HF 232—Death pronouncements by nurses and physician assistants
HF 233—Step therapy protocol process and exceptions
HF 234—Mental Health Advocate reporting
HF 305—Allows dispensing of biological and biosimilar products
HF 306—Certified nursing assistant on-line training
HF 393—Iowa Department of Public Health Omnibus bill
HF 396—Defines relative foster care
HF 524–Medical Cannabidiol
HF 531—Requires DHS to report on asset verification system
HF 534—Exceptions from child care facility licensing requirements
HF 543—Changes to drug endangered child definition
HF 544—Expands definition of dependent adult abuse to include personal degradation
HF 545—Aligns state law to federal law regarding child fatalities and near-fatalities
HF 547—Background checks for employees or vendors if they have access to confidential information
HF 548—Promotes stroke care quality improvement
HF 576—Background checks for health care temporary staffing
HF 577—Alternative treatments for Lyme disease
HF 591—Physician Assistant Board reporting to Board of Medicine
HF 593—Mental Health professionals decision making re: hospitalization, committals

SF 51 creates a new initiative within the Center for Congenital & Inherited Disorders to raise awareness of Cytomegalovirus (CMV) and congenital Cytomegalovirus (cCMV) among women who may become pregnant, expectant parents, parents of infants, attending health care providers and others. The Center will publish information to be distributed to health care providers, who would provide it to pregnant women and child care providers. If a child fails the newborn hearing screening, the child will be tested for CMV or cCMV within 21 days, and the parents will be provided information regarding the birth defects caused by CMV.
[3/22: 49-0 (Shipley excused)]

SF 250 requires the Department of Public Health to adopt rules requiring that facilities performing mammograms include information on breast tissue density in reports sent to all mammogram patients. For patients with dense breasts, or an equivalent determination by a nationally recognized density graduation system, the report must include information on dense breast tissue, risks associated with dense breast tissue, and the effects of dense breast tissue on screening mammograms.
[3/14: 49-0 (Horn excused)]

SF 419 is the Nurse Licensure Compact. It is an interstate compact that allows a nurse to have one multistate license and practice in other member states both physically and electronically. This increases access to care while maintaining public protection. These 10 states have adopted the compact so far: Arizona, Florida, Idaho, Missouri, New Hampshire, Oklahoma, South Dakota, Tennessee, Virginia and Wyoming.
[3/27: 49-0 (Bertrand excused)]

SF 471 adds new prerequisites to all abortions, including a 72-hour waiting period, mandatory ultrasound viewing and biased counseling. It bans all abortions after 20 weeks post-fertilization, except in narrow circumstances where the life of the mother is in danger. New reporting requirements are included for physicians and the Iowa Department of Public Health. The bill also includes civil penalties for doctors.
[4/18: 30-20 (party-line, D. Johnson “yes” with Republicans)]

SF 479 allows dental hygienists to perform certain educational functions without supervision by a dentist, including teaching the importance of dental care at schools and nursing homes.
[3/13: 49-0 (Bertrand excused)]

SF 484 is a Board of Pharmacy policy bill that allows creation of a pool of alternate board members; amends the definition of practitioner; makes changes to the program to aid impaired pharmacists, interns or techs; amends the pharmaceutical collection and disposal program; and repeals all provisions regarding the registration and regulation of Internet pharmacy sites because the language is outdated and not needed.
[3/16: 48-0 (Bertrand, Zumbach excused)]

HF 232 allows nurses and physician assistants to sign off on pronouncements of death in correctional facilities.
[4/10: 48-0 (Allen, Taylor excused)]

HF 233 relates to the use of step therapy protocols for prescription drugs by health insurance carriers, health benefit plans and utilization review organizations. The legislation defines “step therapy protocol” and provides that when such a protocol is in use, the participating individual or the prescribing health care professional must have a clear and readily accessible “step therapy override exception” process, which authorizes the expedited coverage of a prescription drug selected by the prescribing health care professional, based on the review of the exception request along with supporting rationale and documentation. Additionally, HF 233 updates the definition of “health carrier” to exclude the three major Managed Care Organizations (MCOs) that currently contract with the State of Iowa to provide Medicaid-related services.
[4/10: 47-0 (Allen, D. Johnson, Kapucian excused)]

HF 234 ends the requirement that county mental health advocates file quarterly reports. Advocates will file reports when necessary or when required by the Court.
[4/10: 48-0 (Allen, Taylor excused)]

HF 305 updates current law to enable biological substitution. Current state law does not provide a clear path for pharmacists to substitute biological drug products. There are two kinds of drugs: chemical and biologic. The biological products differ from traditional generics. Biosimilars are not identical; they are just similar. Biologic medicines are used to treat serious and chronic diseases, including cancer and multiple sclerosis. This bill allows the pharmacist to substitute an FDA-approved interchangeable biosimilar for a prescribed originator biologic without first seeking approval from the physician. It also requires the pharmacist to communicate to the physician that the biosimilar product was dispensed. This may provide increased access to lower-cost drugs.
[3/1: 50-0]

HF 306 directs the Department of Human Services to adopt rules that will allow the Department of Inspections & Appeals to certify curriculums for nurse aid training and testing programs that may be delivered online, including a definition of clock hours and how veterans can satisfy requirements through their military experience.
[4/4: 50-0]

HF 393 is the Iowa Department of Public Health (IDPH) policy bill. It makes a number of changes to programs and activities within the department, including:
- Permits IDPH to use the Sunday Sales revenues transferred from the Alcoholic Beverage Division in the Department of Commerce, used for addictive disorder prevention efforts in communities, to also be spent for other best practices in substance use disorder prevention. Currently, unspent funds by communities revert to the General Fund, but this new language provides additional uses if the funding is available.
- Makes the gambling treatment program operations report filed with the Legislature an annual, rather than semiannual, report.
- Revises provisions relating to the Medical Home and Patient-Centered Health Advisory Council to conform to current activities and roles.
- Updates Iowa Code language related to various workforce programs in IDPH.
- Repeals defunct and unfunded programs and councils.
- Makes a technical correction to facilitate the transition of the Iowa Health Information Network (IHIN) out of State government.
- Repeals and removes references to Organized Delivery Systems.
- Prohibits IDPH from collecting social security numbers of individuals through the inpatient/outpatient database operated by the Iowa Hospital Association.
- Requires that the State Registrar replace certified copies of birth certificates issued between May 1993 and October 2009 that were smaller than letter size and waives the fee for certified copies for replacement.
  [4/11: 49-0 (Allen excused)]
HF 396 defines foster care. It does NOT include situations where parents have asked relatives to care for their children for a time.
[4/11: 49-0 (Allen excused)]

HF 524 creates the Medical Cannabidiol Act; expands the disease list for Iowans to have CBD oil or pills; defines cannabidiol as having no more than 3 percent THC; allows acceptance of RFPs for five dispensaries and two manufacturers; and creates a Medical Cannabidiol Advisory Board to recommend changes to the program. Changes to the level of THC must be made by the Legislature. Smoking is prohibited. It also allows Iowa to immediately reschedule epidiolex if it is rescheduled federally.

It covers these conditions:
1. Cancer, if the underlying condition or treatment produces one or more of these symptoms:
1. Severe or chronic pain.
2. Nausea or severe vomiting.
iii. Cachexia or severe wasting.
1. Multiple sclerosis with severe and persistent muscle spasms
2. Seizures, including those characteristic of epilepsy
3. AIDS or HIV
4. Crohn’s disease
5. Amyotrophic lateral sclerosis (ALS)
6. Parkinson’s disease
7. Untreatable pain
8. Any terminal illness with a probable life expectancy of under one year, if that illness or its treatment produces one or more of the following:
  1. Severe or chronic pain
  2. Nausea or severe vomiting
  3. Cachexia or severe wasting
    [4/21: 33-7 (Bolkcom, Boulton, Costello, Garrett, Hogg, McCoy, Petersen “no”; Allen, Bertrand, Bisignano, Dawson, Hart, D. Johnson, Kinney, Lykam, Mathis, Taylor excused)]
HF 531 requires the Department of Human Services to report by December 15 on progress toward contracting with a third-party vendor to establish an electronic asset verification system to determine eligibility for public assistance.
[3/23: 47-0 (Anderson, Bertrand, Shipley excused)]

HF 534 excludes child care programs administered by school districts from Department of Human Services licensing.
[4/10: 48-0 (Allen, Taylor excused)]

HF 543 represents the recommendations of the 2016 Drug Endangered Children Task Force. The Department of Human Services has already made the practice changes. The bill amends the definitions of “child in need of assistance” and “child abuse” to include additional adults in the home who use, possess, cultivate or distribute a dangerous substance. It adds cocaine, heroin and opioids to the list of dangerous substances.
[4/10: 48-0 (Allen, Taylor excused)]

HF 544 is a bill from the Department of Inspections & Appeals. The Department became aware of a gap in their definition of dependent adult abuse. This adds personal degradation to that definition. Personal degradation is an act that is humiliating to another person.
[3/21: 49-0 (Shipley excused)]

HF 545 relates to the Department of Human Services release of information policies and makes clarifications to fatalities and near fatalities. The bill aligns state and federal law.
[4/10: 48-0 (Allen, Taylor excused)]

HF 547 allows the Department of Human Services to conduct background investigations on these individuals accessing Federal Tax Information: an applicant for employment with the Department; or a contractor, vendor or employee performing work for the Department with access to FTI. This is required by the Internal Revenue Service.
[4/3: 49-0 (Bertrand excused)] HF 548 requires certified comprehensive stroke centers and nationally certified primary stroke centers in Iowa to report to the statewide stroke database consistent with nationally recognized guidelines on the treatment of individuals who have suffered a stroke. If a facility does not comply with this requirement, the Department of Public Health (IDPH) may request a review of the facility’s national certification. The IDPH must work with the University of Iowa College of Public Health to maintain and use the statewide stroke database, use the “Get With The Guidelines” stroke data platform, partner with voluntary health organizations to avoid duplicating efforts, and encourage nationally certified acute stroke-ready hospitals and emergency medical services agencies to report data consistent with formats to the statewide database.
[03/23: 47-0 (Anderson, Bertrand, Shipley excused)]

HF 576 requires that temporary staffing agencies conduct background checks on employees for nursing homes, assisted living centers, etc., instead of the nursing homes covering the costs of the checks.
[4/6: 49-0 (Bertrand absent)]

HF 577 exempts a doctor from disciplinary action by the Board of Medicine if the doctor recommendation or provision of treatment for Lyme disease or other tick-borne diseases involves a recommendation outside of the current standard of care; and criteria is met around informed consent, reasons for recommending treatment, and a review of current clinical conditions and criteria; and the treatment will not result in the direct and proximate death or serious bodily injury of the patient.
[3/21: 49-0 (Shipley excused)]

HF 591 makes the following changes to the Board of Medicine (BOM) and Board of Physician Assistants (PA Board): Requires the PA Board to notify a supervising physician if the PA Board commences a contested case hearing against a PA; requires the PA Board to adopt rules for consulting and sharing information with the BOM regarding complaints that a PA may have been inadequately supervised; creates a list of rules that the PA Board cannot amend or rescind without first submitting the amendment to the BOM and receiving approval to proceed.
[4/4: 50-0]

HF 593 allows mental health professionals (in addition to physicians) to perform examinations, treat and prescribe treatment or medications, and submit reports to the court in accordance with certain hospitalizations and committals for patients with a substance-abuse disorder or serious mental illness. This bill is based on recommendations from a diverse group of stakeholders.
[3/29: 49-0 (Bisignano excused)]
May 30, 2017
Government Oversight Committee – All-Bill Summary 2017

The following bills were passed by the Legislature and signed into law by the Governor.

SF 499 – Monitoring devices in public places
HF 601 – Confidentiality of cyber-security information

SF 499 prohibits the state or a political subdivision, including a public library, public school or other government office open to the public, from using a monitoring device in a toilet, bath or shower facility, locker room or other space where a person has a reasonable expectation of privacy. The bill defines “monitoring device” as a digital video and audio streaming or recording device. The bill nullifies any local ordinance, rule or other measure that permits using such monitoring devices. This bill is in response to an American Civil Liberties Union complaint against the Iowa City Public Library over privacy concerns with security cameras. In 2013, the ACLU of Iowa obtained recordings from the common areas of men’s and women’s restrooms via a public records request. The footage showed patrons changing their clothes. The epilepsy ward at the University of Iowa may keep cameras/monitoring equipment in their bathroom for safety reasons.
[4/11: 49-0 (Allen excused)]

HF 601 provides for the confidentiality of certain cyber-security and infrastructure information developed and maintained by the government. The bill is at the request of municipal utilities, who thought the provisions were already covered under current law. The Governor has signed a bill regarding protection of cyber-security information for the Iowa Utilities Board. This bill mirrors that language.
[4/5: 50-0]

May 30, 2017
Education – All-Bill Summary 2017
The following bills were passed by the Legislature and signed into law by the Governor.

SF 166 – FY18 regular school aid
SF 238 – Definition of a school employee
SF 240 – Statewide assessments
SF 274 – Computer science standards
HF 217 – Reporting requirements
HF 472 – Financial aid for teachers
HF 473 – Expands high school equivalency
HF 564 – Flexibility in use of school funding
HF 565 – School flexibility accounts
HF 573 – Home Rule for school governance

SF 166 sets the FY18 regular school aid/state supplemental aid/allowable growth and the FY18 categorical allowable growth for schools at 1.11 percent. It establishes a total cost per pupil of $6,664, an increase of $73. The 1.11 percent increase for FY18 will cost the state $3.199 billion, an increase of $108.9 million over FY17.

The FY18 allowable growth rate for each of the State Categorical Supplements (Teacher Leadership & Compensation, Teacher Salary Supplement, Professional Development and Early Intervention) totals $520.53 million, an increase of $59.68 million over FY17. Funding includes:
- Teacher Salary Supplement at $295.14 million, an increase of $4.78 million.
- Professional Development Supplement at $33.5 million, an increase of $0.54 million.
- Early Intervention Supplement (class size) at $34.5 million, an increase of $ .56 million.
- Teacher Leadership & Compensation at $157.4 million, an increase of $53.99 million. This is the last year of a three-year phase-in to the school finance formula.
The Legislature decides if it will pay for the increment increase in property taxes associated with an increase in the percentage growth for schools. The total funding for this effort is $46.7 million, an increase of $5.3 million over last year ($83 dollars per student for FY18).

Two major policy updates include:
- Changing the timeframe under which the Legislature will set basic school funding. Previously, the Legislature had to act within 30 days of the Governor’s proposal in the year before the base year of the Governor’s budget. This requirement is now moved to February 1 prior to the start of the school year. Local schools will no longer get 18 months’ notice to prepare their budgets.
- Removing the single-subject requirement for school funding legislation. This decreases the importance of the single subject and potentially allows one priority to be traded for another in legislative deal-making.
  [2/2: 29-21, party-line (D. Johnson voting “no” with Democrats)]
SF 238 expands the definition of “school employee” for the criminal offense of sexual exploitation by a school employee to include a person who holds a license, certificate, authorization or statement of recognition by the Board of Educational Examiners. Criminal penalties apply only to an employee who has direct supervisory authority over a student. Penalties do not apply if the employee has a relationship with a student unless the employee is licensed, certified or authorized by the Board of Educational Examiners. The new law ensures all school employees, regardless of licensure status, are subject to the same standard for sexual exploitation of a student.
[3/7: 49-0 (Bisignano excused)]

SF 240 strikes the State Board of Education’s decision to move forward with Smarter Balance, a statewide assessment that is aligned to the Iowa Core. Previous law required the State Board of Education to set core academic indicators in math and reading for grades four, eight and 11, and for science in grades eight and 11. It is no longer required that all students enrolled in grades three through 11 take an assessment of their progress on the core academic indicators.

The new law requires the Department of Education to issue a new request for proposals for the selection of a statewide assessment of student progress to be administered in the school year beginning July 1, 2018. The assessment must measure individual student growth and be aligned to the Iowa Core for grades three through eight, and at least one high school grade. The assessment must be capable of measuring student performance in English language arts, math and science. The assessment must be available in paper-and-pencil and computer-based formats. Potential vendors or providers may collaborate to meet the requirements. The State Board of Education can accept the best proposal and write rules to implement the proposal without further legislative approval.

The new law makes a significant change to accredited private schools and assessments. Previously, all accredited private schools had to develop and file with the Department of Education a comprehensive school improvement plan that included assessing educational needs and establishing local education standards and student achievement levels. Accredited private schools were required to give the same annual statewide assessment as public schools. Now, all accredited private schools are exempt from the statewide annual testing requirement.
[4/10: 39-9 (Bisignano, Danielson, Dotzler, Hart, Hogg, Jochum, D. Johnson, Mathis, Petersen “no”; Allen, Taylor excused)

SF 274 requires the Department of Education (DE) to establish computer science standards for elementary, middle and high school grades. The Board of Educational Examiners must establish an endorsement in computer science for teachers and create a Computer Science Professional Development Incentive Fund, from which school districts and teachers may be reimbursed for professional development. A computer science work group will identify and recommend computer science-related guidelines and potential policies for schools. The work group must submit a report to the Governor, the DE and the Legislature by November 1.
[3/7: 49-0 (Bisignano excused)]

HF 217 adds to the list of reporting requirements that school boards, AEAs and superintendents must make to the Board of Education Examiners. Under the new law, these individuals must report all licensed, authorized or certified employees if disciplinary action is taken for being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using or consuming illegals drugs, unauthorized drugs or alcohol.
[3/7: 49-0 (Bisignano excused)]

HF 472 clarifies that it is the Legislature’s intent to prevent someone from receiving assistance from the Teach Iowa Scholar Program and the Teacher Shortage Loan Forgiveness Program at the same time. Eight teachers already receiving benefits from both programs are grandfathered in. Otherwise, the new law is effective immediately.
[4/5: 50-0]

HF 473 expands the ways in which Iowa can issue high school equivalency diplomas (HSED). The Iowa Department of Education issues a diploma when an applicant passes minimum standards in core areas of reading, language arts, literacy, math, science and social studies. Previously, an applicant had to submit an application to a testing center. Now, an applicant may go to a testing center or to a high school equivalency program. One of these pathways is required to show a student’s competence in core areas. The Department of Education must prescribe assessments and resources. This will allow the State Board of Education to expand how a student/applicant may show competence in an area, beyond taking a test. Other pathways will include a test battery, credit-based measures, and attainment of other academic credentials of equivalent or greater rigor.
[4/10: 48-0 (Allen, Taylor excused)]

HF 564 provides additional flexibility for carry forward ending balances in schools’ categorical funds. When new programs are created, certain guidelines are attached to the funding schools receive, dictating how they can spend the money. This law makes changes to a number of funds — including professional development funding, at-risk and dropout funding, preschool funding — by adding additional allowable expenses meant to help further the goals of the program. It also offers flexibility regarding rules and guidelines handed down from the Department of Education.
[4/12: 49-0 (Bertrand excused)]

HF 565 sets up a school district Flexibility Fund. Because of the parameters around certain program funding, some school districts are unable to fully use their resources and end up accumulating unused funds. More than 74 sources of funding had leftover money totaling more than $146 million in FY15 ($17.5 million more than FY14). The new law creates a “Flexibility Fund” to collect some of these dollars to be used in a broader fashion, while keeping with the intent of the original source of the funds. This will give districts more spending authority, help them access unused dollars, and provide more high-quality programming and a stronger educational environment overall.

An allocation from the Flexibility Fund must be approved by the school board and must be included in the budget certified by local budget law (chapter 24). Before approving an allocation, the school board must hold a public hearing, including proper public notice of the original purpose of the funds, the proposed use of the funds, the amount of the proposed allocation and the fiscal year in which the transfer occurs.

The Department of Education must engage in a manner that gives deference to the decisions of a school district and minimizes intrusion into their decision making, such as when they are carrying out agency action or decisions related to categorical funding. The Flexibility Fund will be an account under the General Fund for accounting purposes.
[4/12: 49-0 (Bertrand excused)]

HF 573 changes Iowa’s school governance from Dillon’s Rule to Home Rule. Iowa’s education system has operated under Dillon’s Rule, which grants powers to school districts that are expressly allowed by statute. It tells school districts what they can do. Judge Forest Dillon, the Chief Justice of the Iowa Supreme Court expounded this famous rule, which was quickly adopted by state supreme courts around the nation.

Under “Home Rule,” school districts can adopt policies that they want, unless expressly forbidden by statute. County Home Rule was added to the Iowa Constitution in 1978 under Article III, amendment 39.

A new code section directs school boards to have Home Rule for certain programs. Some say certain code sections are in conflict with other sections that require school boards to perform certain duties or functions to facilitate the education of Iowa’s PreK-12 students. Now that the bill is law, the courts may have to decide how to interpret its implementation. School districts must “operate, control and supervise schools” within their boundaries, and allow them to “exercise any implied power, not inconsistent with the laws and the administrative rules related to the operation, control and supervision of those public schools.” School Boards do not have power to levy taxes unless expressly authorized by the Legislature.

There new law also:
- Prohibits a school district from raising fees or taxes unless the Legislature expressly allows it.
- Says a school district cannot enforce a policy that would interfere with local, state or federal law.
- Prohibits a school district from overriding any power or authority of a city or county.
  [4/20: 34-16 (Allen, Bowman, Hart, Kinney voting “yes” with Republicans)]
May 30, 2017
Commerce – All-Bill Summary 2017
The following bills were passed by the Legislature and signed into law by the Governor.

SF 1 – Administrative rules for jobs impact statements
SF 230 – Legislative Branch health insurance premiums
SF 331 – Filing requirements for energy efficiency reports
SF 355 – Municipal utilities, regulations regarding service disconnection, discontinuation
SF 404 – Experimental treatments
SF 408 – Architect licensure
SF 409 – Credit Union omnibus
SF 431 – Siting of small wireless facilities
SF 502 – Consumer Credit Code update
SF 503 – Deferral of unpaid installments on certain consumer credit loans
HF 215 – Insurance benefits for autism treatment
HF 303 – IID update to pre-need funeral, cemetery receivership requirements
HF 309 – IID insurance certificates
HF 311 – IID technical updates
HF 445 – IUB omnibus
HF 518 – Workers’ Compensation
HF 586 – IFA rent subsidy program; filing requirement modification; mechanics’ liens
HF 621 – EDA technical update
HF 626 – IID long-term-care insurance filing fee elimination

SF 1 requires that every proposed rule under a notice of intended action or publication without notice contain a jobs impact statement outlining the purpose and statutory authority of the rule, and analyzes and describes the impact on state agencies, local governments, the public and regulated entities, including businesses and self-employed individuals. The statement must indicate if a proposed rule would have a positive or negative impact on private sector jobs and employment opportunities. Before proposing a rule, an agency must minimize any adverse impact on jobs and developing new employment opportunities, and must accept comments from stakeholders prior to the final jobs impact statement. The administrative rules coordinator may waive the jobs impact statement for emergency rules.
[2/22: 50-0]

SF 230 concerns state health insurance plans for legislators and full-time legislative employees. Those enrolled in a state group insurance plan for state employees follow the enrollment rules for the largest number of non-contract full-time state employees of the Executive Branch (other than employees of the State Board of Regents) and must pay a portion of the premium on the same basis. The bill strikes language relating to premium rates in Code section 2.40(1)(a)(4). The bill is effective upon enactment.
[2/13: 50-0]

SF 331 streamlines federal and state energy efficiency reporting by giving electric cooperatives the option of filing their mandatory annual federal report (Form EIA-861) with the Iowa Utilities Board to fulfill state energy efficiency reporting requirements. This eliminates duplication and reduces regulatory costs. The Iowa Association of Electric Cooperatives estimates a collective savings of $75,000 to $100,000 annually for cooperatives statewide. Electric cooperatives still must offer energy efficiency programs to member-owners, and data and information about energy efficiency programs must be reported.
[3/9: 48-0 (Anderson, Bertrand excused)]

SF 355 adds “disconnection of service” to Code section 384.84(3), which relates to discontinuing services by municipally owned utilities. Currently, a municipally owned utility is not regulated by the Iowa Utilities Board except in specified instances, including disconnection of service. Board authority to establish rules relating to deposits, which may be required by a utility for the initiation or reinstatement of service, would not apply to municipal utilities. Current Code section 476.20(5) requires the board to establish uniform rules for public utilities with respect to deposits required for the initiation or reinstatement of service. This would not apply to municipal utilities, which are governed by Code section 384.84, and municipal utilities are not subject to the board’s rules regarding deposits and payment plans for delinquent amounts owed and repayment of past-due debt. A city utility may require a deposit not exceeding the usual cost of 60 days of gas and electric service.
[3/9: 48-0 (Anderson, Bertrand excused)]

SF 404 relates to the use of experimental treatments for terminally-ill patients, known as “Right to Try.” It allows manufacturers of investigational drugs, biological products or devices to make available, and eligible patients with terminal illnesses to attempt treatment with, an investigational drug, biological product or device, as long as they provide written informed consent. An eligible patient’s physician must acknowledge that the patient’s illness is terminal and recommend the patient try an investigational drug, biological product or device. The patient’s written informed consent must acknowledge that treatments currently approved by the U.S. Food & Drug Administration are unlikely to prolong the patient’s life; the specific treatment sought and the potential best, worst and expected results from the treatment; that the patient’s insurance is not required to pay for the treatment and that hospice service may refuse to accept the patient after receiving the treatment; and that expenses will be credited to the patient, including the patient’s estate, unless otherwise stated in an agreement with the manufacturer. If the patient dies during treatment, the patient’s heirs are not liable for any remaining debts unless otherwise required by law.

The manufacturer may charge an eligible patient or provide the treatment free of charge. Governmental entities are not required to pay costs associated with the use, care or treatment of a patient with an investigational drug, biological product or device. The bill does not require hospitals licensed under Code chapter 135B or other health care facilities to provide new or additional services. Consistent with existing law, the Board of Medicine cannot take an adverse action against a physician’s license solely for recommending an investigational drug, biological product or device for the physician’s eligible patient. The bill does not create a new private cause of action against for harm done to the patient if they comply in good faith with the law and exercise reasonable care. The new law does not allow a treating physician to assist the patient in committing or attempting to commit suicide.
[4/17: Concur, 49-0 (McCoy excused)]

SF 408 requires licensure rather than registration of architects practicing in Iowa and makes conforming changes to Code sections that reference registration as an architect. The term “licensure” is used when a professional’s actions are regulated by a Practice Act, and the credentials are more rigorous (i.e., those involving education, training and examination). “Registration” refers to a state roster that may include regulation by a Title Act, which does not apply in Iowa. The Iowa Chapter of the American Institute of Architects requested the legislation to better reflect the occupational regulation based on public health, safety and welfare. In Iowa, engineers and landscape engineers are licensed rather than certified, and all states bordering Iowa (except Wisconsin) require architect licensure.
[3/28: 49-0 (Rozenboom excused)]

SF 409 is a recommendation by the Iowa Credit Union Division in the Iowa Department of Commerce. It makes technical changes and conforms the statute to current Division practice.

It adds language to Code section 533.113 regarding exam confidentiality to codify what has been noted on each examination report for many years. These additions, along with penalty provision, will make the language printed on the examination report enforceable. In addition, the Division has formalized a process for authorizing delivery of examination reports to third parties, such as auditors, the Federal Home Loan Bank and potential merger partners, via the completion of a confidentiality agreement by all parties.

Previously, the board of directors had to meet after receiving the report of examination and whenever the superintendent deemed it necessary and advisable. Recognizing there may be circumstances where the superintendent finds it necessary to call a meeting not directly related to an examination, the Division’s Assistant Attorney General advised moving this provision to a section calling for a meeting of the board. Subsections 4 and 7 from section 533.113 are combined, placed in new section 533.113A, and deleted from section 533.113.
[3/9: 48-0 (Anderson, Bertrand excused)]

SF 431 relates to siting small wireless communication facilities and expands current law (Code chapter 8C) that provides a series of uniform rules and limitations for the deployment of and applications for wireless communications facilities and infrastructure. Wireless companies want to deploy services to their customers that may include access to rights-of-way, public facilities, traffic signals and utility poles. The proposal adds specific rules and limitations for the application and deployment of small wireless facilities (SWF). It prohibits an authority, such as a city, from restricting the siting of small wireless facilities. An authority with planning and zoning regulations must authorize such facilities in zoning districts where the facilities are located on public rights-of-way or authority property, or where the facilities are sited on certain existing structures. Facilities not sited on such property or in such a manner may be classified as special or conditional uses. An authority may also require a person to obtain a special or conditional land use permit to install new utility poles or wireless support structures on certain property. An authority may require a person to obtain building, electrical or public way use permits for the siting if it is of general applicability and does not deny a facility access to a public right-of-way. However, an authority cannot require a person to obtain a permit for the routine maintenance or replacement of a previously approved facility unless it contains the same terms and conditions provided for other commercial projects or uses in the public right-of-way.

A House amendment:
- Limits use of traffic signal poles for SWFs to the vertical portion, not any horizontal cable or arm.
- Gives local governing authority over placement of new poles in right-of-way.
- Limits the size of micro wireless facilities to a very small size (12” x 15” x 24”). They are self-contained, requiring no equipment, electric source or meter.
- Allows placement of a micro wireless facility on operator-owned overhead lines, as long as it complies with national safety codes, without a permit or fee.
- Preserves pre-existing ordinances requiring a permit for micro wireless facilities.
- Allows an authority to require a right-of-way use permit if the work to install or maintain the micro wireless facility requires closure of a highway lane or otherwise disturbs a highway.
- Details a process for modification or relocation of an SWF due to road widening or other authority projects.
- Extends time for the authority to act on permit from 60 days to 90 days.
- Clarifies that authority can obtain additional time to process a large volume of applications by providing notice rather than a request.
- Adds more details to the process for determining that a proposed SWF would compromise the safety of a structure.
- Limits the duration of a permit for SWF on an authority structure outside of the right-of-way to 10 years with a five-year renewal.
- Eliminates the flat $100 per year option (one of three) for establishing the annual rate for placement on an authority structure.
- Provides additional flexibility for an authority to remove SWFs in an emergency.
  [4/18: Concur, 50-0]
SF 502 is an agreement among the Iowa Attorney General, Iowa Bankers Association and Iowa Credit Union League to modernize the Iowa Consumer Credit Code. Many fees for creditors and remedy awards for debtors have not been adjusted since the Code was created in 1974. The legislation:
- Allows the Attorney General greater latitude to declare supervised loans void when made by parties who do not have proper authorization to make them.
- Provides for a credit reporting charge, a $30 charge for returned checks and over-limit violations on credit cards.
- Increases the allowable late-payment charge cap from $15 to $30 on all consumer credit and changes the rebate rules for deposit-taking lenders, which will make it easier to provide smaller consumer loans.
- Raises the remedy award for a consumer’s private right of action for violations of the consumer credit code along with violations of disclosure provisions from a minimum of $100 to $200 and from a maximum of $1,000 to $2,000. It also raises the civil remedy for the Attorney General to bring an action against a creditor from no more than $5,000 to no more than $10,000.
- Raises the annual notification fee for credit sellers and debt collectors from $10 to $50, and increases the allowable charge for late filing by these credit sellers and debt collectors from $20 to $75.
  [4/12: 49-0 (Bertrand excused)]
SF 503 clarifies the Iowa Consumer Credit Code related to deferred payment on a closed-end, simple interest loan. Currently, the parties to a pre-computed consumer credit transaction may agree in writing to a partial or full deferral of any unpaid installments and the creditor may receive a deferral charge. The bill adds deferrals with respect to interest-bearing consumer credit transactions that are not pursuant to open-end credit arrangements, and other than consumer lease or consumer rental purchase agreements. The parties may agree in writing to a partial or full deferral of any unpaid installments in addition to any interest accrued, pursuant to the terms of the transaction. The creditor may receive a deferral charge not to exceed $30 (this mirrors the fee language in SF 502).
[4/12: 49-0 (Bertrand excused]

HF 215 creates Code section 514C.31, requiring state-regulated health insurance policies, contracts and plans for large employers (more than 50 employees) and those covering public employees other than state employees (Code chapter 509A) to provide coverage benefits for applied behavior analysis to treat autism spectrum disorders in children. This does not include individual health insurance plans or small employer group plans. Treatment must be provided by a board-certified behavior analyst or licensed physician or psychologist. The required maximum benefit for coverage is $36,000 per year through age six; $25,000 per year from seven to 13; and $12,500 per year from 14 to 18. Required coverage can be subject to preauthorization, prior approval or other care management requirements, including limits on number of visits. Required coverage can be subject to dollar limits, deductibles, copayments, coinsurance provisions or any limitations that apply to other covered medical or surgical services.

This new Code section does not limit benefits otherwise available to an individual under a group policy, contract or plan, and does not affect any obligation to provide services to an individual under an individualized family service plan, education program or service plan. A carrier, organized delivery system or plan may request to review a treatment plan not more than once every three months during the first year of the treatment plan and not more than once every six months every year thereafter, unless the insurer and the treating physician or psychologist agree that more frequent review is necessary. The cost of the review is paid by the insurer. The provisions of a treatment plan cannot be changed until the completion of a review.

The new Code section applies to third-party provider payment contracts, policies or plans specified in the bill, or plans established for state and other public employees in Iowa on or after January 1, 2018. Those eligible for coverage are not eligible to participate in the state autism support program (Code sections 225D.1, 225D.2) effective January 1, 2018.
[3/23: 48-0 (Shipley, Zaun excused)]

HF 303 is a recommendation by the Iowa Insurance Division (IID). It allows the Insurance Commissioner to notify the Iowa Attorney General of a potential need for a receivership for both a pre-need seller of cemetery and funeral merchandise or funeral services and for a cemetery itself. This eliminates the red tape of meeting a list of requirements in those situations where the pre-need seller or cemetery has consented to a receivership, and allows the Commissioner to move more quickly to protect the remaining funds held by either the pre-need seller or cemetery.
[3/13: 49-0 (Bertrand excused)]

HF 309 codifies current practice that prohibits a person from preparing, issuing, requesting or requiring a “certificate of insurance” that contains false or misleading information about the policy or purports to amend, extend or alter the policy’s coverage. A “certificate of insurance” is evidence of property and causality insurance coverage. A certificate does not include a policy, insurance binder, policy endorsement or automobile insurance identification or information card.

A certificate does not warrant that the insurance policy complies with the insurance or indemnification requirements of a contract, and the inclusion of a contract number or description in a certificate cannot be interpreted as warranting compliance. A person is entitled to notice of cancellation, non-renewal or material changes in an insurance policy if they have such rights under the terms of the policy. A certificate does alter those rights.

The Iowa Insurance Commissioner may examine and investigate anyone they believe violates the law. Enforcement may include cease and desist orders and a $500 penalty per violation. The Commissioner may adopt rules to administer the law, which takes effect upon enactment and applies to certificates of insurance prepared, issued, requested or required beginning 90 days after that date.
[4/4: 50-0]

HF 311 is an Iowa Insurance Division (IID) recommendation that makes technical updates based on the National Association of Insurance Commissioners (NAIC) models, including conforming language with federal regulations. NAIC is the U.S. standard-setting and regulatory support organization. The IID proposal was widely circulated to interested parties and stakeholders for review and comment.
[3/8: 49-0 (Chelgren excused)]

HF 445 is a recommendation by the Iowa Utilities Board (IUB). Rate-regulated utilities have collected different rates on a temporary basis, subject to refund, while a rate review is pending. There were two options under which this occurred. The utility could ask the Board to approve temporary rates based regulatory principles, and the Board would rule on that request within 90 days. If the final rates include rate design changes that result in over-collection from some customer classes and under-collection from others, the utility was not typically required to make refunds on a class-by-class basis.

The second option allowed the utility to implement temporary rates without Board review or approval within 10 days after the rate case is filed. If the Board later determined that the temporary rates were not based on established regulatory principles, the Board would consider requiring refunds based on overpayment made by each individual customer class, rate zone or customer group.

In recent rate cases, the utilities tended to use the second option, which allowed the utility to begin collecting temporary rates sooner, and allowed the Board and the other parties to avoid devoting resources to temporary rate issues, while retaining the right to review the rates at a later date. The law strikes first option (allowing utilities to implement Board-approved temporary rates within 90 days of filing), leaving automatic implementation of temporary rates 10 days after filing as the only option.

The law adds an exception to Code Chapter 22 that would apply to the IUB and the Department of Homeland Security & Emergency Management (HSEMD). It would cover the confidentiality of certain information and records relating to cybersecurity or critical infrastructure, the disclosure of which could expose or create vulnerability to critical systems for safeguarding telecommunications, electric, water, sanitary sewage, storm water drainage, energy, hazardous liquid, natural gas systems or other critical infrastructure. It also strikes a requirement that HSEMD provide a list of critical assets used in the critical asset protection plan.

Iowa Code requires a board member, board counsel, or a hearing examiner designated by the board to serve as the presiding officer at each informational meeting on an electric transmission franchise petition. This replaces the undefined term “hearing examiner.”
[3/21: 49-0 (Shipley excused)]

HF 518 makes sweeping changes to Iowa’s Workers’ Compensation law. The new law:
- Cuts benefits to Iowa workers who get injured on the job:
  - It reduces benefits for workers who suffer a shoulder injury. Previous law treated shoulder injuries as an injury to the body as a whole. The law now treats shoulder injuries as a scheduled member injury. A workers’ loss of earning capacity would no longer be taken into account when calculating benefits for a shoulder injury. Shoulder injury compensation would be for 400 weeks.
  - If the shoulder injury results in permanent partial disability and the employee cannot return to gainful employment, the employee can be evaluated by Iowa Workforce Development (IWD) to see if they would benefit from new career vocational training and education programs offered through an area community college. The employer would be responsible for up to $15,000 in tuition and fees that will result in (at the minimum) an associate’s degree or completion of certificate program.
  - There are a lot of requirements on the Workers’ Compensation Commissioner for evaluating and monitoring this new vocational rehabilitation section. This education funding does not address employees who would need adult basic education. The law eliminates benefits based on an employee’s loss of earning power because of an injury if the employer returns the employee to work for a short time, but then terminates the employee, leaving the employee with no compensation for lost access to other employment because of the injury.
- Reduces an employer’s liability to provide benefits to injured workers:
  - It makes a positive drug or alcohol test grounds for an employer to deny benefits for an injury without regard to whether drugs or alcohol caused the injury. The worker must prove the injury was not caused by drugs or alcohol.
  - It changes the point at which an employee must report an injury or lose the right to claim benefits for an injury. It defines the “date of the occurrence of the injury” to mean the date that the employee knew or should have known the injury was work related. It does not take into account whether the worker discovers the seriousness of the injury during the time limitation enforced by the law.
  - It forces injured workers to move and work at the company headquarters for light duty or be terminated. An injured worker who is offered work by the employer while recovering from an injury must decline the offer in writing if the employee believes the work is not suitable, or lose the right to continue receiving benefits while recovering.
  - It changes an employer’s liability for compensating an employee’s preexisting disability that arose because of prior employment-related injury with the employer to the extent the injury has already been compensated. Previously, employers were considered fully responsible for a workers’ injury, regardless of previous injuries. The law eliminates the ability of injured workers to seek payment of future weekly benefits owed in a lump sum without the agreement of the employer and its insurance carrier.
- Encourages employers and insurance carriers to avoid on-time payment of benefits: It allows employers to avoid payment of benefits awarded by the Commissioner while the employer seeks a judicial review of the award, leaving the injured worker without benefits for two to three years; eliminates the current rate of 10 percent interest on late-paid weekly benefits; reduces the interest rate on benefits to the one-year treasury rate plus 2 percent (currently less than 3 percent total). This rewards insurance carriers and employers who do not comply with the law for timely payments.
The law is effective July 1, and applies to injuries on or after that date. The law applies to commutation applications filed on or after that date.
[3/27: 29-21 (party-line, with D. Johnson voting “no” with Democrats)]

HF 586 revises antiquated language concerning bonds and notes that require a copy of each agreement be filed with the Secretary of State to be valid. A pledge made in respect of bonds or notes will be valid and binding from the time the pledge is made; and the resolution, trust agreement or any other instrument by which a pledge is created does not need to be recorded or filed to be valid, binding or effective. It also eliminates a requirement that IFA award grants from the shelter assistance fund on an annual basis. IFA must establish and administer a rent subsidy program to help approved participants under a home and community-based services Medicaid waiver and approve participants in the federal “money follows the person” grant program under the medical assistance program. The law adds “an owner-builder” who contracts to provide labor or furnish material for the property to those who must post a notice on the Mechanics’ Notice and Lien Registry no later than 10 days after work begins.

This language was proposed after IFA, the Iowa Bankers Association, Iowa Credit Union League, Real Estate Section of the Iowa State Bar Association, Iowa Association of Realtors and the Iowa Land Title Association worked to restore the intent of the 2012 mechanics’ lien changes in light of an Iowa Court of Appeals case in 2016. It ruled that because of the grammatical construction of the statute, only general contractors who use subcontractors must post a notice with the Secretary of State as a prerequisite to filing a mechanics’ lien on residential property.

This new law allows a general contractor to post a notice with the Secretary of State within 10 days of beginning work regardless of whether they use subcontractors so that real estate professionals can see if money is owed the contractor before closing. This is a prerequisite to filing a lien, and restores the intent of the 2012 legislation. It ensures contractors and subcontractors receive payment prior to closing a loan and clear title is preserved for the new homeowner.
[3/30: 46-0 (Anderson, Bertrand, D. Johnson, Kapucian excused)]

HF 621 makes technical changes to eligibility for financial assistance from the sports tourism program; transfers responsibility for certifying targeted small businesses (and associated reporting requirements) from the Department of Inspections & Appeals to the Economic Development Authority (EDA), and allows EDA to establish standards for public access to information under the program.
[4/19: 50-0]

HF 626 eliminates a $25 filing fee for independent review of a benefit trigger determination under a long-term-care insurance policy. Previously, the Insurance Commissioner could waive this fee, which became the practice 100 percent of the time for the past five years. The IID routinely helps Iowans with insurance issues without charging a fee, and removing the provision eliminates confusion.
[4/11: 49-0 (Allen excused]
May 30, 2017
Agriculture Committee – All-Bill Summary 2017
The following bills were passed by the Legislature and signed into law by the Governor.

HF 410 – Classifying Palmer Amaranth as a primary noxious weed
HF 440 – County Agriculture Extension publications
HF 469 – Soil and water commissioner elections
SF 447 – Nuisance protection for animal feeding operations
SF 357 – Electrical licensing
SF 362 – County fairs and State Fair not liable for damages from animal pathogens

HF 410 classifies Palmer Amaranth as a primary noxious weed.
[4/5: 50-0]

HF 440 provides an additional month to file and publish county Agriculture Extension reports, and allows members to lobby all elected officials.
[4/6: 49-0 (Bertrand excused)]

HF 469 allows two out of five soil and water commissioners to reside in the same township.
[4/6: 49-0 (Bertrand excused)]

SF 447 establishes a new section in the Iowa Code, 657.11A, to provide nuisance protection for animal feeding operations (defined in Iowa Code Chapter 459), which includes confinement feeding and open feedlot operations. A habitual violator of Iowa environmental law (Chapter 459) does not qualify for nuisance protection.

Nuisance protection encourages producers to “adopt existing prudent and generally utilized management practices” for animal feeding operations. Nuisance lawsuits under the new section are presumed to be permanent nuisances (meaning successive lawsuits cannot be filed for the same alleged nuisance), and compensatory damages awarded by a judge or jury cannot exceed:
- Any decrease in the fair market value of the property (residence, etc.).
- Any compensatory medical damages, if the nuisance is the proximate cause of an adverse medical condition.
- Any special damages (annoyance and loss of comfortable use and enjoyment of property), which are limited to no more than 1.5 times the decrease in fair market value of the property plus medical damages.
A producer qualifies for nuisance protection unless the person suing can prove that the producer did not comply with state and federal law or did not use existing management practices considered reasonable for the operation.
[3/14: 31-18 (party-line with Bowman, Kinney voting “yes”; Horn excused)]

SF 357 puts into Iowa Code the Department of Public Safety’s special order of June 2012 by creating a definition for commercial electrical installation that does not include farm or industrial installation.
[3/6: 36-14]

SF 362 exempts district and county fairs and the Iowa State Fair from damages and liability sought by a person (spectators and participants) alleging injury or death by a pathogen transmitted from an animal, if signs are posted.
[3/8: 48-0 (Bisignano “no”; Chelgren excused)]
May 30, 2017
Three-point plan to end string of Iowa child deaths
A three-point reform plan to prevent another Iowa child from being injured or killed by abuse has been put forth by two members of the Iowa Senate Government Oversight Committee.

“The state has failed at-risk children again and again,” said Senator Janet Petersen, a member of Oversight Committee. “Iowans are demanding change, they are demanding results, and they do not want to see another child die due to the failures of the Branstad/Reynolds Administration.

Petersen and Senator Matt McCoy, the ranking member of the Oversight Committee, released the following three-point plan to prevent another death like that of Sabrina Ray. The Iowa teen had been adopted out of foster care and was being home-schooled when her body was found last Friday in a Perry home.
- We call on Chuck Palmer, Director of the Iowa Department of Human Services (DHS), to either resign or be fired by the Branstad/Reynolds Administration.
- We call on Governor Branstad and Lt. Governor Reynolds to replace Director Palmer with a director experienced in, and deeply committed to, the protection of abused and at-risk children.
- We call on Governor Branstad, Lt. Governor Reynolds and Legislative Republicans to fix the deadly mistakes they made this spring when they cut $24 million from the DHS budget, including $16 million cut to the field service workers who investigate and protect children at risk of abuse.
Senator McCoy said he is committed to working on a bipartisan solution with Republican legislators. A Oversight Committee meeting on this issue is planned for Monday, June 5th.

“I am still extremely disappointed that Republican legislators refused to investigate these issues during the legislative session,” McCoy said. “If they had, I’m certain there would have been strong bipartisan support for increasing our investment in child protective services, rather than the cuts imposed by Republicans.”

-end-
May 18, 2017
Prescription Drug Take Back Day is TOMORROW

The next National Prescription Drug Take Back Day is Saturday, April 29.

Health and safety officials urge Iowans to take advantage of its many benefits, including safely disposing leftover medicine, preventing prescription drug theft, misuse and addiction, protecting the environment, and saving lives.

Opioid pain relievers are among the most misused and abused medicines prescribed in Iowa, often leading to addiction, overdose or death.

More than 100 Iowa sites will accept leftover medicine between 10 a.m. and 2 p.m. tomorrow.

During previous Prescription Drug Take Back Days, Iowans have safely disposed of nearly 39 tons of obsolete medicine.

To find Take Back collection sites, go to https://odcp.iowa.gov/rxtakebacks.

April 28, 2017
Senate Democratic Leader Rob Hogg’s 2017 Session Review

Senate Democratic Leader Rob Hogg visits with Craig Chase and Lynn Heuss from the Leopold Center for Sustainable Agriculture at Iowa State University.

Iowa Republicans Attack Workers, Break Promise To Create Jobs and Raise Family Incomes

Iowa Democrats Support Broad Prosperity and Expanded Opportunity

Statement by Senate Democratic Leader Rob Hogg of Cedar Rapids

Republicans gained complete control of Iowa’s state government in the 2016 elections by promising to invest in education, create new jobs, raise family incomes, and clean up Iowa’s water.

That’s not what they did. Instead, Republicans short-changed our schools, cut water quality funding, and pursued special interest legislation that helps out-of-state corporations at the expense of Iowans.

Rather than creating jobs and raising family incomes as promised, Republicans pursued an anti-worker, anti-women, anti-family agenda that hurt Iowans and our economy.

Iowa needs a new direction. Democrats will continue to listen to Iowans, hold Republicans accountable, and encourage more Iowans to get involved as citizens. That’s the way to build a safer and healthier future with broad prosperity and more opportunity for all Iowans.

Here are key details:

Republicans reduced the minimum wage for 65,000 Iowans. They circumvented “Buy American” and “prevailing wage” rules for road projects. They took away rights from our public service workers (teachers, firefighters, police, social workers, sanitation workers). They created barriers and reduced workers compensation for all future injured workers.

Republicans failed to couple with federal tax changes, hurting farmers, teachers, and small businesses.

Republicans hurt our students, our families, our economy, and our future by cutting funding for our community colleges and our universities. For the University of Iowa and Iowa State University, funding is now at its lowest level since 1998. Republicans hurt people with disabilities and our economy by cutting vocational rehabilitation funding.

Republicans hurt Iowa families, especially low-income working women, by taking away access to Planned Parenthood for birth control, cancer screenings, and other preventive health services. They hurt Iowa families by cutting funds for our remaining two mental health institutions and by cutting funds for field investigations of child abuse and elder abuse.

Republicans hurt rural Iowa, by short-changing our schools, by closing the Leopold Center for Sustainable Agriculture at Iowa State University, by cutting natural resource and water quality funding, and by cutting hospital reimbursements. They did nothing – nothing – to address the fact that over 70 counties in Iowa have lost population since 2010.

###

15 Specific Bills – Bad For Iowans, Bad For Our Future

SF130 –    Made major mid-year budget cuts for community colleges and universities, courts, corrections, public safety, and human services, and emptied the Cultural Trust Fund

SF166 –    Short-changed Iowa’s public school students with 3rd lowest school aid formula investment ever (1.11%)

SF438 –    Prohibited local governments from using pre-qualification for project bidders

SF509 –    Cut state funding for services to survivors of domestic abuse and sexual assault by 26% ($1.7M cut) and made additional cuts to corrections ($7.3M total cut)

SF510 –    Closed the Leopold Center for Sustainable Agriculture at Iowa State, eliminated Watershed Improvement Review program, and slashed natural resource funding (REAP) by 25% ($4M cut)

SF516 –    Despite budget cuts, gave $150,000 for Lt. Gov. Reynolds to “transition” to new office

HF203 –   Circumvented “Buy American” and “prevailing wage” rules for road projects

HF291 –   Took away rights from more than 180,000 public service workers

HF295 –   Reduced the minimum wage for 65,000 Iowans, took away local regulation of consumer sales

HF516 –   Created new government barriers to voting, issued costly new voter cards (cost: $700K+)

HF518 –   Created barriers and reduced compensation for future injured workers

HF625 –   Took away outreach for our children’s health insurance program (HAWK-I)

HF640 –   Cut funds for nursing home inspections ($270K cut) and food safety inspections ($700K cut)

HF642 – Made deeper cuts to university funding (total $24M cut – for University of Iowa and Iowa State University, lowest level since 1998), cut Iowa Flood Center ($300K cut); cut early childhood programs ($1M cut), cut vocational rehabilitation for workers with disabilities ($300K cut), and reduced National Guard tuition assistance ($1M cut)

HF653 –   Cut field operations for department of human services (over $10M cut), reducing child abuse and elder abuse investigations; cut local hospital reimbursements (over $27M cut); cut veterans home ownership assistance by 20% ($500K cut); cut two remaining mental health institutions ($1.7M cut); and made Planned Parenthood ineligible for Medicaid reimbursement for birth control, cancer screenings, and other preventive health services starting July 1, taking away access to health care and costing Iowa approximately $3 million in federal funding

Iowans who would like more information should read “2017 Legislative Session in Review” at www.senate.iowa.gov/democrats, visit www.legis.iowa.gov, or contact Senator Hogg at rob.hogg@legis.iowa.gov or call his office at (515) 281-3901.

April 27, 2017
2017 Session Wrap-up

Download a pdf of our 2017 Session Wrap-up

Education & worker training

Jobs & economy

Health & health care

Safe communities

Quality of life

Good government

Veterans & service members

Education & worker training

Bipartisan successes

Helping schools use limited resources effectively by allowing them to spend various categories of school funding on a broader range of expenses that still achieve the intended goals (HF 564).

Allowing some unused school funding to go into a “Flexibility Account” to be used in a broader fashion to achieve the intended goals (HF 565).

Expanding the ways Iowans can earn a high school equivalency diploma when they meet academic standards. New pathways include a test battery, credit-based measures, and attaining academic credentials of equivalent or greater rigor (HF 473).

Republican failures

Limiting Iowans’ ability to get ahead with mid-year cuts of more than $26 million to education, community colleges and state universities (SF 130).

Failing our schools with inadequate funding that doesn’t keep up with inflation, let alone make up for years of unmet needs. School superintendents say this will cause teacher layoffs and larger class sizes (SF 166).

Missed opportunities

Creating greater equity among school districts with consistent per-pupil school funding (SF 455).

Fixing the huge disparity in school transportation costs so that each student gets the same amount for their education once they arrive at the school doors (SF 455).

Improving efficiencies by offering financial incentives for school districts to share administrative functions (HF 633).

Clarifying that FFA programs qualify as Career Technical Education (CTE) programming (HF 648).

Providing necessary help for students learning English (SF 427, HF 6).

Providing necessary help to better ensure low-income pupils can succeed in school (HF 8).

Including age-appropriate information on dating violence and prevention in human growth and development instruction (SF 119).

Offering financial incentives to expand Iowa’s preschool offerings to meet needs (SF 136).

Bad ideas stopped

Taking $200 million from public schools, and eliminating the Iowa Department of Education and Iowa Public Television (SF 29).

Instituting a political party litmus test for university faculty (SF 288).

Banning teachers and school leaders from voicing their opinion on education issues (HSB 47).

Jobs & economy

Bipartisan successes

Offering incentives for smaller communities to increase affordable housing for working families (SF 488).

Increasing opportunities for local small businesses that make and sell Iowa beer, wine and distilled spirits (HF 607).

Adding to the list of invasive plants that can quickly crowd out corn and soybean crops. Palmer Amaranth is an edible flowering plant that can no longer be imported, sold or distributed in Iowa (HF 410).

Helping thousands of Iowans become homeowners and boosting our economy by providing a state income tax exemption for First-time Homebuyer Savings Accounts (SF 505).

Ensuring state-provided Apprenticeship Training funding goes to Iowa residents only (HF 231).

Republican failures

Passing an anti-worker, anti-growth budget that significantly cuts Economic Development funding (SF 130, SF 513).

Eliminating support for the Leopold Center for Sustainable Agriculture at Iowa State University, which jeopardizes a successful program that has encouraged entrepreneurship and small business development across the state (SF 510).

Lowering wages and stepping on local communities by rolling back minimum wage increases already in force in four counties—Polk, Johnson, Linn and Wapello (HF295).

Preventing local governments from setting better standards for minimum wage, hiring practices, leave, benefits, scheduling or other terms of employment (HF295).

Interfering with efforts to ensure high-quality local construction by eliminating Project Labor Agreements and pre-qualification questionnaires on complex public improvement projects (SF 438).

Driving down wages in rural areas by eliminating the requirement that prevailing wage rates be paid to laborers and mechanics on federal construction contracts (HF 203).

Hurting Iowa jobs and businesses by removing the Buy American requirement that U.S. steel be used on federal construction projects (HF 203).

Hurting 185,000 family budgets and the communities where they live and shop by prohibiting public employees from collectively negotiating terms of employment, including health insurance and safety (HF 291).

Cutting protections for Iowans hurt on the job through no fault of their own, reducing an employer’s liability for injuries, and encouraging employers and insurance carriers to avoid paying claims (HF 518).

Missed opportunities

Stimulating and diversifying economic and agricultural development by creating a marketing and production program for industrial hemp, which is a low-input, sustainable cash crop (SF 329).

Saying “no” to tax relief for Iowa farmers, small businesses, teachers and families by refusing to couple state taxes code with federal changes (SF 428).

Raising the minimum wage for hard-working Iowans (SF 156)..

Preventing bad employers from stealing wages from their workers (SF 80).

Ensuring equal pay for equal work (SF 340).

Health & health care

Bipartisan successes

Ensuring timely, appropriate help for kids with autism spectrum disorders (HF 653, HF 215).

Limiting the harmful effects of congenital Cytomegalovirus (CMV), which can cause hearing or vision loss, lack of coordination, muscle weakness, cognitive impairment and seizures (SF 51).

Reducing breast cancer deaths by requiring that mammography reports sent to patients include information on breast density if the patient has dense breast tissue (SF 250).

Improving mental health and disability services in rural areas by allowing counties to equally share in regional funding (SF 504).

Ensuring appropriate treatment for sick and disabled Iowans by allowing a physician to override an insurance company’s step therapy protocol in certain cases (HF 233).

Republican failures

The Republican-controlled House failed to approve an expanded, comprehensive medical cannabis program to properly treat more Iowans with debilitating conditions, and allowing medical cannabis to be grown, manufactured and dispensed in Iowa (SF 506).

Cutting help for abused kids, the elderly, and sick, disabled and vulnerable Iowans by reducing access to quality health care, mental health care and other critical services at a time when the safety net for our most vulnerable is already in trouble (SF 130, HF 653).

Cutting help for Iowans trying to give up smoking and other tobacco products by $1 million (HF 653).

Cutting $8 million for Department of Human Services field operations. These are the people who protect children and seniors from abuse (HF 653).

Increasing the cost to Iowa taxpayers with a new State Family Planning Program while reducing the number of Iowa health care providers (HF 653).

Making it harder for Iowa parents to find out if their family qualifies for Medicaid and Hawk-I health insurance (HF 625).

Increasing the likelihood of unintended pregnancies and abortions by shutting down a successful family planning program (HF 653).

Making it more difficult for Iowans to get fair compensation when they’ve suffered at the hands of a negligent health care provider (SF 465).

Making it extremely difficult for Iowans who are sick or dying from asbestos exposure to be adequately compensated for their pain and suffering (SF 376).

Continuing Iowa’s Medicaid privatization mess that has dramatically increased costs to taxpayers, forced businesses to close and hurt the health care of thousands of vulnerable Iowans; and refusing to consider marginal improvements (SF 368).

Safe communities

Bipartisan successes

Expanding the criminal offense of “sexual exploitation by a school employee” to include full-time, part-time and substitute employees, as well as volunteers and contract employees (SF 238).

Allowing survivors of sexual assault to get a sexual abuse civil protective order to keep abusers away from them, their home and their place of work (SF 401).

Enhancing public safety by improving law enforcement and emergency communications systems (SF 500, HF 467).

Making roads safer by requiring drivers to remove their vehicle from the traveled portion of the road if it was damaged in an accident, but is operable and can be reached safely (HF 313).

Saving lives by making texting while driving a primary offense. That means law enforcement can pull over a driver and ticket them if they see the driver texting (SF 234).

Stopping deceitful and damaging adoption practices that harm Iowa’s families by toughening penalties for scamming prospective adoptive parents (SF 433).

Charging a motorist with reckless driving (a Class “C” felony) when texting while driving causes an accident that seriously injures or kills another (SF 444).

Protecting kids by updating the definitions of “child in need of assistance” and “child abuse” to apply in additional cases with dangerous substances in the home, including cocaine, heroin and opioids (HF 543).

Cracking down on stalking and domestic violence, and enhancing monitoring and penalties for violations (HF 263).

Expanding the definition of “criminal stalking” to include repeated use of an electronic device to track a person’s whereabouts with no legitimate purpose (HF 263).

Reducing drunken driving fatalities and other drug and alcohol-related crimes by establishing 24/7 Sobriety program in counties that want to try this accountability-based program (SF 444).

Requiring temporary staffing agencies to do background checks on employees for nursing homes and assisted living centers (HF 576).

Prohibiting government offices open to the public (including public libraries and schools) from using a monitoring device where a person expects privacy, such as in a toilet, bath, shower or locker room (SF 499).

Republican failures

Jeopardizing the safety of Iowans, neighborhoods and communities by cutting services for victims, reducing access to the courts, delaying prosecution of crimes and making prisons even more dangerous (SF 130, SF 508, SF 509).

Hurting kids with cuts to the Court Appointed Special Advocate program, which will no longer be available in all in all 99 counties (HF 640).

Hurting elderly, disabled and vulnerable Iowans by cutting inspections of nursing homes (HF 640).

Putting food safety at risk with cuts to the Iowa Department of Inspections & Appeals (HF 640).

Missed opportunities

Reducing fatalities by updating Iowa law for safely passing bicyclists on our roads. Improving safety for all road users by requiring bicycles to use a rear light visible from 300 feet between dusk and dawn (SF 450).

Helping fire fighters and other public safety organizations raise money for charity or local public safety efforts from passing motorists. “Filling the Boot” is not legal in every Iowa community (SF 163).

Helping victims with crime-related expenses that may arise years later and ensuring family members are compensated for lost wages when attending court proceedings (SF 276).

Protecting students from worsening a concussion injury and requiring school coaches to be certified in CPR (HF 563).

Protecting the health of students and educators by requiring radon testing in public schools (HF 7).

Requiring that human growth and development instruction include age-appropriate information on dating violence and prevention (SF 119).

Implementing health and safety checks for homeschooled students, in light of instances of child abuse and child death (SF 138).

Establishing training requirements, procedures and prohibitions on physical restraint and seclusion of students by school districts and accredited nonpublic schools (SF 204).

Training school personnel on suicide awareness, suicide prevention and on crisis plans (SF 378).

Protecting all students by strengthening anti-bullying policies and programs (SF 390).

Bad ideas stopped

Ending licensing for such occupations as social work, mental health counselors and respiratory therapists (HSB 138).

Quality of life

Bipartisan successes

Protecting homebuyers by ensuring construction lien disclosures before the sale of a house (HF 541).

Keeping traffic moving efficiently by updating traffic laws for turns on red. On a red light, a driver may turn right from all lanes designated for right turns, or left from all lanes designated for left turns on a one-way street (HF 372).

Protecting kids by providing consistency in child custody laws for married and unmarried couples, including completing a court-approved Children in the Middle course (HF 253).

Reducing harassment and invasion of privacy by making it illegal to share images of another person in the nude or engaged in a sex act without their consent (HF 526).

Republican failures

Failing to pass any legislation to seriously address the state’s water quality problem.

Scaling back nuisance protections for local residents in the vicinity of animal feeding operations (SF 447).

Cutting funding for state parks to such an extent that some will likely be closed (SF 510).

Cutting the Resource Enhancement and Protection program (REAP), which supports cities and counties that want to enhance quality of life through urban conservation and by developing natural, cultural and historic resources (SF 510).

Emptying the Cultural Trust Fund account, which provided grants to arts and cultural organizations throughout Iowa (SF 130).

Good government

Bipartisan successes

Using resources efficiently by giving county auditors the flexibility to combine staff and polling locations when low voter turnout is expected in primary and general elections (HF 471).

Protecting the rights of Iowans by setting higher standards for law enforcement to seize property— especially money and cars—that may be related to a crime (SF 446).

Saving taxpayer dollars by ensuring private parties cover more of the costs of civil services they require from county sheriffs, such as bills of sale and deeds for land sold (SF 501).

Ensuring indigent Iowans obtain legal counsel when they’re charged with a crime that carries the possibility of jail or prison time (SF 374).

Republican failures

Eliminating the Watershed Improvement Funding Program, which encourages cooperative projects within watersheds (SF 510).

Delaying access to justice and necessary services with cuts that require further scaling back clerk of court hours and specialty courts (SF 508, SF 509).

Preventing local governments from voluntarily entering into agreements with local contractors that ensure good-paying jobs, quality work and cost-effective projects (SF 438).

Weakening the rights of thousands of Iowans by making it more difficult for them to vote in elections, including elderly and disabled Iowans, college students and others (HF 516).

Creating a costly registration card program for voting (HF 516).

Missed opportunities

Establishing a better way for Iowans to identify themselves at the polls by allowing them to present common forms of ID (Amendment on floor).

Bad ideas stopped

Jeopardizing the drinking water of nearly a million Iowans, raising water bills and robbing local taxpayers of a major asset by dismantling Des Moines Water Works (SF 456/HF 484).

Ending retirement security for public employees, including teachers, fire fighters, and police officers ( SF 45).

Discouraging Iowans from filing legitimate lawsuits by placing a financial burden on plaintiffs, even before the case is heard by a judge or jury (SF 71).

Veterans & service members

Republican failures

Decreasing funding for National Guard readiness centers, armories and facilities, and upgrades to Camp Dodge sewers, which causes Iowa to also lose significant federal matching funds (HF 643).

Cutting 20 percent from the Veterans Home Ownership Program (HF 653).

Cutting $1 million from National Guard Tuition Assistance, a 24 percent decrease from what the Legislature originally approved and the Governor signed (HF 642).

April 24, 2017

Category: Official

Iowa Republicans Attack Workers, Break Promise To Create Jobs and Raise Family Incomes

Download a pdf of our 2017 Session Wrap-up

Education & worker training

Jobs & economy

Health & health care

Safe communities

Quality of life

Good government

Veterans & service members