Dave Jacoby - IA

Statehouse News 4-10-08

Iowa House of Representatives

STATEHOUSE NEWS -- April 10, 2008

INSIDE THIS EDITION

Smoke Free Air Act to Become Law

Sales Tax for Schools Passes

Modest Adjustments to State Revenue Estimate

Senate Approves Military Custody Bill

REAP Funded at $16 Million

Education Budget Passes House Appropriations

Student Debt Bill Passes Oversight

Eye Examination for Children Required

Infrastructure Assistance Bill Sent to Governor

Elections Bill Goes to Governor

Governor Signs Three Environmental Bills

Governor Signs Deer Bill That Helps Farmers/Hunters

DOT to Study Electronic Payments

Transportation Policy Bill Passes Senate

Voter Registration Forms Violate Law

Power Fund Board Moves Forward on Five Projects

Governor Signs Street Rod Title Bill

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SMOKE FREE AIR ACT TO BECOME LAW

After a compromise was reached by the House and Senate, the Smoke Free Air Act was quickly passed by the House on a 54-45 vote, and the Senate on a 28-22 vote. The Governor is expected to sign the bill next week, and it will take effect on July 1, 2008.

House File 2212 applies to profit or nonprofit workplaces and public places. Places not covered may voluntarily be declared a nonsmoking place. A public place is defined as an enclosed area where the public is invited or permitted, including restaurants, bars, retail stores, public buildings, schools, daycare providers, and health care providers.

Exceptions to Ban:

• Private residences (unless used for child care).

• Private long-term-care rooms.

• Hotels and motels, but only in designated nonsmoking rooms.

• Stores primarily selling tobacco products.

• Private clubs with no employees when not used by the public.

• Private limos, employer owned vehicles provided exclusively to one employee, and farm vehicles.

• State and county fair grounds.

• National Guard facilities.

• Designated areas in prisons.

• The Iowa Veterans Home.

• The gaming floors only of casinos.

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SALES TAX FOR SCHOOLS PASSES

Legislation making the current one cent local option sales tax for schools a statewide sales tax passed the Iowa House this week. House File 2663 is also called the School Infrastructure Local Option (SILO) tax bill.

House File 2663 replaces the current local option sales tax that a school district can impose for school infrastructure and replaces it with a permanent statewide one cent tax. All the sales tax money will go into one “pot.” It will be distributed out to school districts on a per pupil basis. The amount distributed in the first year, fiscal year 2009, is estimated to be $372 million to school districts. Another $28 million would be used for property tax relief and distributed out of the property tax equity and relief fund next year.

The bill does not increase the use tax on motor vehicles, as did previous versions of the SILO bill. Under those bills, a portion of the funds would have gone to the road use tax fund. The bill now moves to Senate Ways and Means Committee for consideration.

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MODEST ADJUSTMENTS TO STATE REVENUE ESTIMATE

The Revenue Estimating Conference (REC) held their quarterly meeting Friday and increased their revenue estimate for this fiscal year, 2008. The REC estimates that, compared to their last estimate on December 11, there will be a $78.8 million increase in revenues this year and a $49.1 million increase next year, fiscal year 2009.

The REC members spoke cautiously about Iowa ’s resilience with a slowing national economy, but were hesitant to suggest the national economy is headed for another recession. The modest changes in their revenue estimate are reflective of their concerns.

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SENATE APPROVES MILITARY CUSTODY BILL

The Iowa Senate approved Senate File 2214 on a 49-0 vote, accepting an amendment made by the House. The bill now goes to Governor Chet Culver for his signature.

Senate File 2214 deals with modifications of child custody orders when the child's parent is serving on active military duty. The bill provides that, if an application for modification of a child custody order is filed while a parent is serving on active military duty, the court may only enter a temporary child custody order and only if there is clear and convincing evidence that the change is in the best interest of the child. When the parent that was serving active duty returns from service, the bill requires the court to reinstate the custody order that was in effect just before the parent was deployed. Finally, the bill provides that if an application for modification of child custody is filed after a parent returns from active duty, the parent's absence due to the active duty cannot be considered a substantial change in circumstances and the court cannot consider the parent's absence due to the parent's active duty status in determining the best interests of the child.

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REAP FUNDED AT $16 MILLION

Iowa ’s Resource Enhancement and Protection (REAP) program will receive $16 million next year under House File 2662, which is an increase of $500,000. This is the highest amount of funding since 1991.

Since last year, the majority party has increased funding for this very important and popular environmental and recreation program by $5 million. REAP, which needs $20 million to be fully funded, provides moneys for projects that enhance our natural, cultural, and recreational resources including environmental education, soil and water enhancement, parks, trails, museums, and roadside beautification. This funding was part of a larger budget bill that funds the Department of Agriculture and Land Stewardship (DALS) and the Department of Natural Resources (DNR). This is the first step in determining the operations budget for these agencies for the next state fiscal year starting July 1, 2008.

The bill now goes to the Senate for consideration.

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EDUCATION BUDGET PASSES HOUSE APPROPRIATIONS

The education budget passed the House Appropriations Committee this week on a party-line vote. Highlights of the bill include a $75 million increase for teacher salaries, for a total compensation package of $248 million. The budget increased work study by $403,000, for a total of almost $700,000. The federal government also appropriates $13 million to Iowa for work study. The Board of Regents will get $650 million. Community colleges receive $180 million, an increase of $8.5 million. The money will aid in keeping tuition down. Before and after school programs receive $595,000 in this budget. With supplements from other budgets, these programs will receive a total of approximately $1 million. An allocation of $2.6 million for the mandatory implementation of the Iowa Model Core Curriculum is included in the education budget.

House File 2679 appropriates a total of $1.14 billion for many education related purposes. The money in the bill goes to the Department for the Blind, the Department of Education, College Aid Commission, and the Board of Regents and its institutions. The bill will now move to the House Floor for debate.

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STUDENT DEBT BILL PASSES OVERSIGHT

The Government Oversight Committee passed legislation this week addressing student loans by private lenders and the relationship to educational institutions. Iowa college students have the second highest student debt rate. The bill will provide better protection and guidance to Iowa students and their families.

House Study Bill 788 will provide students with more clear guidance when choosing their student loan provider. The bill will require disclosure by financial loan offices of all financial choices including private, state and federal loans. The bill will also create a student lending education fund, under control of the Iowa Attorney General. The goal is to utilize those dollars to educate students about the loan process and to reimburse borrowers who received certain inflated loan prices.

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EYE EXAMINATIONS FOR CHILDREN REQUIRED

This week, Senate File 2251 passed the Iowa House and the Iowa Senate. The goal of the bill is to have every child receive an eye examination by age seven. Children need healthy eyes and normal vision development to be able to learn. Studies show that nearly 25% of all school-age children have vision programs and approximately 80% of all learning during a child’s first 12 years comes through vision.

Vision screenings vary in scope and are designed to detect potential problems but are not eye examinations. As a result, they encourage parents to have their children receive an eye examination. The bill requires that a parent or guardian who registers a child for kindergarten or preschool be given a vision card provided by the Iowa Optometric Association and approved by the Iowa Department of Education. Senate File 2251 now goes to the Governor for his signature. If enacted, the bill will apply to school years beginning July 1, 2009.

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INFRASTRUCTURE ASSISTANCE BILL SENT TO GOVERNOR

Senate File 2325 would allow the use of up to $5 million under the business assistance portion of the Grow Iowa Values Fund to be used for projects qualifying for assistance under the Physical Infrastructure Assistance (PIAP) program. The bill is designed to allow businesses to have a greater access to needed infrastructure assistance.

Applicants for the $5 million would not have to meet the wage threshold requirements of the Grow Iowa Values Fund, but the tenant would have to meet the requirements within three years. This is the standard time to meet such requirements for economic development projects. The bill is designed to help Tech. Works of Waterloo since they received PIAP dollars to help build their facility, but will not directly be creating jobs. Although designed for Tech. Works, the bill will also help other Iowa projects. The bill takes affect as soon as it is signed by the Governor.

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ELECTIONS BILL GOES TO GOVERNOR

Due to concerns that the number of special elections is increasing, which in turn increases the costs to taxpayers, the Iowa House gave final approval to legislation that limits the number of special elections held in Iowa . House File 2620 received bipartisan support in both the House and Senate and is now awaiting action by the Governor. This bill sets specific dates when special elections can be held.

This bill also changes the terms of elected school board members and directors of merged areas from three years to four years (transition provisions are outlined in the bill), responds to a lawsuit brought against the state by the Green and Libertarian parties on their ability to register voters as party members, and makes changes relating to challenges to a person’s qualifications when registering to vote.

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GOVERNOR SIGNS THREE ENVIRONMENTAL BILLS

This past week, the Governor signed three bills designed to protect Iowa ’s natural resources. All three bills take effect on July 1, 2008.

Surface Water Protection

House File 2400, known as the Surface Water Protection Act, creates a Water Resources Coordinating Council within the Governor’s Office to preserve and protect Iowa ’s water resources and coordinate efforts throughout the state.

Solid Waste Disposal

House File 2570 establishes the designation of an Environmental Management System (EMS), to encourage responsible environmental management and solid waste disposal and to enhance efforts to promote environmental stewardship. House File 2570 also establishes the Comprehensive Recycling Planning Task Force, which will study and make recommendations for the planning and implementation of comprehensive statewide recycling programs, including an evaluation of the current beverage container control law, known as the Bottle Bill. The task force must submit a written report containing its findings and recommendations to the Governor and the Legislature by January 1, 2009.

Septic Tank Inspections

Senate File 261 requires that private sewage disposal systems must be inspected prior to when the property is sold or transferred. At the time of inspection, any septic tank, as part of the sewage disposal system, must be opened and have the contents pumped out and disposed. However, the owner may provide evidence that the septic tank was pumped out within the previous year.

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GOVERNOR SIGNS DEER BILL THAT HELPS FARMERS/HUNTERS

Governor Culver signed Senate File 2328, which establishes a depredation management program to help farmers address the problems they’re having from deer. The Legislature wanted to make sure this legislation started immediately so it went into effect upon his signature, which was Tuesday, April 8th.

Legislators have heard numerous stories from farmers regarding the devastation deer are causing to their crops and how this is affecting their livelihood. Senate File 2328 requires the Department of Natural Resources (DNR) to make deer depredation hunting licenses available to resident hunters. These licenses allow the hunting of does on farmers’ property during the hunting seasons. Deer shooting permits must also be available from DNR. These permits may be used outside the established deer hunting seasons on the farmers’ property.

A landowner who incurs crop, horticultural product, tree, or nursery damage in excess of $1,000, due to wildlife, is to enter into a depredation management agreement with DNR. The producers will be issued a set number of licenses from the department. These licenses are available to hunters for that farmer’s property.

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DOT TO STUDY ELECTRONIC PAYMENTS

Governor Culver signed House File 2196 into law this week. The bill requires the Department of Transportation (DOT) to consider offering electronic payment methods, such as credit cards, at DOT locations.

The bill calls for the DOT to review current methods the department uses to collect fees and revenue at any sites used by customers. The DOT is then to consider offering electronic payment methods at these locations. The DOT must report its findings to both the Senate and House Transportation Committees by December 31, 2008.

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TRANSPORTATION POLICY BILL PASSES SENATE

The Department of Transportation policy bill, House File 2651, was amended and passed the Senate this week. The bill provides a seriously disabled veteran who is provided a vehicle by the U.S. government does not have to apply for a disabilities parking permit. This provision does not apply if the disabled veteran has special registration plates or personalized plates for the provided vehicle.

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

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VOTER REGISTRATION FORMS VIOLATE LAW

Judge Douglas Staskal, a Polk County District Court Judge, has ruled that Iowa ’s voter registration forms violate the state’s English language law. The suit was brought against Governor Culver and Secretary of State Michael Mauro by U.S. Representative Steve King (R) of Iowa ’s Fifth Congressional District. Congressman King contended that offering voter registration forms in languages other than English violated the state’s law that provides that all official government documents are to be in English only. The voter registration forms were offered in English, Spanish, Laotian, Bosnian and Vietnamese.

The Attorney General has not yet made a decision about whether to appeal this case but the voter registration cards are no longer available in languages other than English.

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POWER FUND BOARD MOVES FORWARD ON FIRST FIVE PROJECTS

The Iowa Power Fund Board moved the five projects, which have applied for Power Fund money, to the negotiation phase. The money is earmarked for research and development in renewable energy and projects that improve energy efficiency.

Last year, Governor Culver proposed and the Legislature approved creating a $100 million Power Fund. It is managed by the newly created Office of Energy Independence. The Iowa Power Fund board has indicated that they are interested in moving forward with funding five projects, and has appointed a negotiation committee for each of those applicants. The committees will work with each applicant to iron out project and funding details.

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GOVERNOR SIGNS STREET ROD TITLE BILL

On April 8, 2008, Governor Culver signed House File 2452, which allows custom built cars, more commonly referred to as street rods, to be titled as the type of car that they appear to be. Under current law, if a car is built from scratch it is titled as a vehicle built in the year it is finished, even if the vehicle is built to look like a vintage car. For example, an individual that builds a car from scratch to look like a 1932 Ford Roadster would have to title the car as a 2008 vehicle if it was finished this year. Under this law, the car will now be titled as a 1932 Ford Roadster.

This bill was supported by the Specialty Equipment Market Association, or SEMA, an organization that represents the automotive specialty and performance parts industry.

Statehouse News 4-3-08

Iowa House of Representatives

STATEHOUSE NEWS -- April 3, 2008

INSIDE THIS EDITION

Two Identity Theft Bills Pass House

Dependent Adult Abuse Investigations

Education Budget Passes Subcommittee

Governor Signs Bill Ensuring Integrity of Voting

Council on Homelessness Passes House

Defibrillator Protections passed House and Senate

Military Child Custody Bill Goes to Governor

“CHAT” Bill Sent to Governor

Bill Recognizes Land Donations on Conservation

Child Restraint Requirements

Watershed Improvement Grants Awarded

DOT to Consider Electronic Payments

Racing & Gaming Commission Issues Annual Report

For additional information, check our web site at: www.iowahouse.org

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TWO IDENTITY THEFT BILLS PASS HOUSE

The Iowa House unanimously passed two bills this week to protect Iowans from identity theft.

Notice of Security Breach

Senate File 2308 requires notification of consumers if there is a security breach involving their computerized personal information. This applies to the entity that owns or licenses the information. Senate File 2308 must return to the Senate for consideration of a House amendment making it a crime for a state or local public official or employee to sell protected information to another person. The punishment would be up to five years in prison and a fine of from $750 to $7,500.

Credit Security Freeze

Senate File 2277 passed without amendment, so it will go to Governor Culver for his signature. The bill lets a consumer request that credit reporting agencies freeze future release of their credit information. The request must be sent by certified mail, with proper identification and an application fee, if applicable. The freeze remains in effect until the consumer requests that it be removed. The reporting agency must remove the freeze within three business days after receiving a request that includes proper identification, ID number or password, and payment of the applicable fee.

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DEPENDENT ADULT ABUSE INVESTIGATIONS

This week, the Iowa Senate passed two bills that work to protect Iowa ’s elderly and allow for more access to investigative information. House File 2591 and House File 2609 both passed the Iowa Senate 49-0 and the Iowa House 100-0. Both bills will be sent to Governor Culver to sign into law.

House File 2591 clarifies many of the definitions relating to dependent adult abuse regarding what constitutes dependent adult abuse and, who is a dependent adult, and who can be charged with abuse. A dependent adult is a person eighteen years of age or older whose ability to perform the normal activities of daily living or to provide for the person's own care or protection is impaired, either temporarily or permanently. Dependent adult abuse is a physical injury, a sexual offense, exploitation, or neglect as a result of the willful misconduct or gross negligence or reckless acts or omissions of a caretaker.

Currently, the findings of fact in a monitoring evaluation or complaint investigation for elder group homes, assisted living facilities, or adult day services are not made public until the conclusion of all administrative appeals processes. House File 2609 amends current law stating that upon completion of the informal review, the findings of fact in a monitoring evaluation or complaint investigation for elder group homes, assisted living facilities, or adult day services, will be made public. This is already the case for nursing homes.

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EDUCATION BUDGET PASSES SUBCOMMITTEE

The Joint House and Senate Education Budget Subcommittee passed the education budget last Thursday, creating House Study Bill 787. It will now be considered by the House Appropriations Committee. The total budget is $1.24 billion.

Education funding goes to several departments including the Department for the Blind, College Aid Commission, the Department of Education, and the Board of Regents and its institutions.

The statewide voluntary pre-school education program continues to be funded at $15 million. Empowerment programs receive approximately $38 million for services that include birth to three, early childhood, and other preschool programs. The Department of Education will receive a total of $509 million. This money will cover programs such as model core curriculum, vocational education, before and after school programs, the state library, Iowa Public Television, and vocational rehabilitation. Community colleges will receive an $8.5 million increase, and another $1 million for faculty salaries. The state universities receive a total $650 million. The College Aid Commission will receive a total appropriation of $67 million to cover grants, scholarships, loans, and administration going to Iowa students.

The House and Senate must act on the budgets before the Legislature adjourns for the year.

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GOVERNOR SIGNS BILL ENSURING INTEGRITY OF VOTING

Governor Chet Culver signed into law Senate File 2347, a bill that will ensure the integrity of Iowa ’s voting systems, on Tuesday, April 1. As enacted, the bill provides $4.6 million for optical scan voting systems in all counties in Iowa . An optical scan voting system is a system that uses a paper ballot. Twenty-one counties already use the optical scan voting systems, while 59 counties currently use both optical scan and touch-screen voting machines. Under Senate File 2347, counties will no longer use the touch screen voting machines.

The new law requires that for elections held on or after November 4, 2008, counties must use an optical scan voting system. The requirements of the federal Help America Vote Act relating to disabled voters must be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system.

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COUNCIL ON HOMELESSNESS PASSES HOUSE

The House has passed Senate File 2161 that would permanently establish a Council on Homelessness. The council would have specific tasks and report to the Governor and Legislature on homeless issues. With the current housing crunch affecting the national economy, supporters felt it is important to study why people become homeless in Iowa . The bill now goes back to the Senate for consideration.

Governor Vilsack originally created the Council by Executive Order in 2003. Senate File 2161 would create the council under law. It would consist of twenty-six members of the public appointed to two-year staggered terms by the governor. Five of the members will be individuals who are homeless, or formerly homeless, or family members of homeless people.

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DEFIBRILLATOR PROTECTIONS PASSES HOUSE AND SENATE

The House unanimously passed Senate File 505, which provides protections for individuals that use an automated external defibrillator to render emergency care to someone experiencing a sudden cardiac arrest. Senate File 505 extends Iowa 's Good Samaritan protections to individuals using an automated external defibrillator. The bill protects a person who uses an automated external defibrillator in response to what the person reasonably believes is a sudden cardiac arrest emergency.

The bill also extends protections to persons or entities that own or are responsible for the premises where an automated external defibrillator is located, but the bill, as amended, requires maintenance of a defibrillator according to rules developed by the Department of Public Health. Because of the amendment, the bill returned to the Senate, which concurred with the House changes. It now goes to the Governor for his consideration.

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MILITARY CHILD CUSTODY BILL DOES TO GOVERNOR

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

The bill also provides that if an application for modification of child custody is filed after a parent returns from active duty, the parent's absence due to active duty cannot be considered a substantial change in circumstances and the court cannot consider the parent's absence due to the parent's active duty status in determining the best interests of the child.

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“CHAT” BILL SENT TO THE GOVERNOR

The House has passed Senate File 2176 that would create the development of Culture, History and Arts Teams, or CHAT, program. This would enhance communication among and between local culture, history and arts organizations and between those local organizations and the Department of Cultural Affairs. Supporters believe the development of these CHAT teams in all parts of the state will invigorate local organizations as they learn more about sister organizations in their own community. By enabling organizations to meet local colleagues working on similar activities, the capabilities of all of organizations are enhanced. Invigorated local organizations contribute to vibrant cultural atmosphere in our state.

Civil War Sesquicentennial

The bill also establishes a twenty-member citizen’s advisory committee to assist the State Historical Society of Iowa in planning for the commemoration of the sesquicentennial of the American Civil War. This committee will sunset upon completion of the commemoration. The committee will advise the Historical Society as it plans and implements commemorative activities and programs throughout the state. These activities may include creation of exhibitions, literature and films, and special events.

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BILL RECOGNIZES LAND DONATIONS FOR CONSERVATION

The House and Senate have adopted a bill that recognizes Iowans’ generous, long-lasting gifts given to the State of Iowa . The Governor is expected to sign the legislation. Senate File 2108 authorizes the Governor to annually designate the first Monday in April as Gift to Iowa’s Future Recognition Day to recognize, celebrate, and honor those public-spirited individuals and corporations who have donated land or a conservation easement to benefit Iowa's parks, trails, fish and wildlife habitat, natural areas, open spaces, and public recreation areas and for other public uses and benefits.

The gift of the land will prevent certain uses, such as development or construction, now and in the future. In addition to improving Iowa ’s quality of life, these gifts often become important assets to local economies. In addition to establishing “Gift to Iowa 's Future Recognition Day,” Senate File 2108 also requires the Iowa Department of Natural Resources to maintain a registry to record the names of all persons who have donated land for these public uses.

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CHILD RESTRAINT REQUIREMENTS

The House Transportation Committee passed Senate File 34, which requires anyone riding in a motor vehicle under 18 years of age to be secured in an approved child restraint system or a seat belt no matter where the child or teenage is seated in the car. If a child riding in a motor vehicle is not in a child restraint system or seat belt, the vehicle operator can be charged with a simple misdemeanor and subject to a fine of $25.

An amendment to the bill exempts a vehicle operator from the penalties if the violation is due to a lack of installed seat belts in a car. A driver would not be found in violation of this law if only four out of five children were secured in a car because the car only had four seat belts installed. The bill now goes to the full House for consideration.

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WATERSHED IMPROVEMENT GRANTS AWARDED

The Watershed Improvement Review Board has approved seven applications totaling $2.1 million in grants to support projects that will improve water quality in the state. The approved projects have already completed watershed assessments that identified critical water resource areas and will focus on implementing specific water quality improvements. Since inception in 2005, the Legislature has provided $15 million for these watershed improvement grants.

The seven grant recipients will provide $1.7 million to match the $2.1 million investment by the state. As a result, these awards will mean a total of $3.8 million will be invested in water quality improvement projects. Soil and water conservation districts, public water supply utilities, county conservation boards, cities, and local watershed improvement committees are eligible to apply. Individual projects can request up to $500,000.

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DOT TO CONSIDER ELECTRONIC PAYMENTS

The Iowa Senate passed House Files 2196, which requires the Department of Transportation (DOT) to consider offering electronic payment methods, such as credit cards, at DOT locations for issuing drivers and other licenses.

The bill calls for the DOT to review the current methods the department uses to collect fees and revenue at any sites used by customers. The DOT is then to consider offering electronic payment methods at these locations. The DOT must report its findings to both the Senate and House Transportation Committees by December 31, 2008.

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RACING AND GAMING COMMISSION ISSUES ANNUAL REPORT

The Iowa Racing and Gaming Commission released their 2007 annual report providing highlights and concerns of Iowa ’s gaming industry. According to the report, the gaming industry contributes over $1 billion to the state’s economy. By law, facilities are required to purchase a substantial amount of products and services from Iowa vendors. According to the report, gaming facilities purchased $294 million in equipment, supplies and services from Iowa businesses in 2007. Facilities paid $305 million to the State of Iowa in gaming taxes. Salaries, wages and employee benefits totaled nearly $280 million. Facilities are also required by law to contribute three percent of their adjusted gross receipts each year to nonprofits and local governments. The report can be found on the Iowa Racing and Gaming website at http://www.state.ia.us/irgc/. Then click on Annual Reports.

No new licenses now

At their March 6 meeting, commission members discussed issuing new gambling licenses. It was the consensus that the time is not right now, but they did not rule out the idea completely. The commissioners discussed conducting a study of the issue and indicated they would talk about it at their April meeting. The commission is scheduled to meet April 17 at the Diamond Jo Casino in Worth County .

Statehouse News 3-27-08

Iowa House of Representatives

STATEHOUSE NEWS -- March 27, 2008

INSIDE THIS EDITION

Iowa 9th in Personal Income Growth

School Sales Tax Passes Committee

Governor Signs Tax Exemption for Federal Rebates

Core Curriculum Bill Before House

Legislature Passes Collective Bargaining Bill

Two Identity Theft Bills Pass House Committee

Effort to Constitutionally Protect Natural Resources

Bill requires Minority Impact Statements

Require Kids 12 and Under to Wear Life jackets

Bill Sets Elections and Lengths of Certain Terms

New State Regulation of Foreclosure Consultants

Environmental Management Systems Passes House

Judiciary Committee Approves Military Custody Bill

More Iowans Eligible for State Disaster Aid

Transportation Policy Bill Passes House

Bill Addresses Crop Damage Caused by Deer

Should the Channel Catfish Be the State fish?

Veterans Affairs to Control Commemorative Property

Judiciary Expands Residency for Judicial Nominees

Great Places Forums and Timeline Set

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IOWA 9th IN PERSONAL INCOME GROWTH

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

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

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SCHOOL SALES TAX PASSES COMMITTEE

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

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

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

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GOVERNOR SIGNS TAX EXEMPTION FOR FEDERAL REBATES

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

Senator Harkin Gets Help For Iowans

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

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

Cedar Rapids - 425 Second St. SE

Des Moines - 210 Walnut St .

Sioux City - 3539 Southern Hills Drive

Waterloo - 300 W. Third St .

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CORE CURRICULUM BILL BEFORE HOUSE

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

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

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LEGISLATURE PASSES COLLECTIVE BARGAINING BILL

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

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

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

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TWO IDENTITY THEFT BILLS PASS HOUSE COMMITTEE

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

Notice of Security Breach

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

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

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

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

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

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EFFORT TO CONSTITUTIONALLY PROTECT NATURAL RESOURCES

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

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

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

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BILL REQUIRES MINORITY IMPACT STATEMENTS

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

Grant Applications

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

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

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REQUIRE KIDS 12 AND UNDER TO WEAR LIFE JACKETS

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

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

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BILL SETS ELECTIONS AND LENGTHENS CERTAIN TERMS

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

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

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

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NEW REGULATION OF FORECLOSURE CONSULTANTS

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

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

• Accepting compensation until all services are performed.

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

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

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

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

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

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

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

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

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

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ENVIRONMENTAL MANAGEMENT SYSTEMS PASSES HOUSE

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

EMS Designation

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

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

• Yard Waste Management

• Hazardous Household Waste Collection

• Water Quality Improvement

• Greenhouse Gas Reduction

• Recycling Services

• Environmental Education

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

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JUDICIARY COMMITTEE APPROVES MILITARY CUSTODY BILL

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

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

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MORE IOWANS ELIGIBLE FOR STATE DISASTER AID

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

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

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TRANSPORTATION POLICY BILL PASSES HOUSE

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

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BILL ADDRESSES CROP DAMAGE CAUSED BY DEER

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

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

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SHOULD THE CHANNEL CATFISH BE THE STATE FISH?

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

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

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VETERAN AFFAIRS TO CONTROL COMMEMORATIVE PROPERTY

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

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

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JUDICIARY EXPANDS RESIDENCY FOR JUDICIAL NOMINEES

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

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

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GREAT PLACES FORUMS

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

The Iowa Great Places regional forums will be:

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

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

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

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

So far, 40 projects and 120 people have already applied for the forums. RSVPs are required for the events by contacting DCA at francis.boggus@iowa.gov, or by calling (515) 281-691. Agendas for each forum are available at the Iowa Great Place ’s Web site.

Statehouse News 3-20-08

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Iowa House of Representatives

STATEHOUSE NEWS -- March 20, 2008

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INSIDE THIS EDITION

Surface Water Protection Act

Quitline Iowa Calls Surpass 2007

Committee Approves Defibrillator Protections

Educational Assistance Program Approved

Equity for Injured Workers’ Passes the House

Natural Resources Constitutional Amendment

Civil Rights Extension Passes House

IPERS Low Administrative Cost

Subpoena Power for Civil Rights Commission

Performing Roster Applications Due April 1

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SURFACE WATER PROTECTION ACT

This week, the Senate gave final approval to House File 2400, sending the measure to Governor Culver for his signature. The Surface Water Protection Act is the result of a two-year watershed planning task force and will provide a coordinated effort to clean up our lakes, rivers, and streams.

The bill creates a Water Resources Coordinating Council within the Governor’s Office to preserve and protect Iowa’s water resources and coordinate efforts throughout the state. The success of the council’s efforts will ultimately be measured by whether Iowa citizens can more easily organize local watershed projects; can more easily access available funds and water quality program resources; and whether the funds, programs, and regulatory efforts coordinated by the council eventually result in a long-term improvement to the quality of surface water in Iowa.

The Surface Water Protection Act calls for 56 regional watershed assessments to be completed in five years, providing a summary of the overall condition of Iowa’s watersheds. In addition, smaller community-based subwatershed improvement plans are to be developed and implemented, including monitoring plans.

The bill also requires the Department of Natural Resources to assess and prioritize both sewered and unsewered communities within a watershed presenting the greatest level of risk to water quality and the health of residents.

Over 20 years ago, the Legislature created the Groundwater Protection Act to improve the quality of our groundwater. Proponents of the bill said it is time for us to focus our efforts and improve the quality of our surface water.

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QUITLINE IOWA CALLS SURPASS 2007

This week, the Iowa Department of Public Health (IDPH) announced that, so far in 2008, Quitline Iowa has taken 10,015 calls from Iowans seeking help in overcoming tobacco addiction. In a matter of 11 weeks, the total number of calls to Quitline Iowa has topped the 2007 total of 8,760 calls. The total calls for 2007 was itself a record following the $1 increase in the tobacco tax last spring.

The dramatic increase in call volume this year is due to a new service being offered by the IDPH. Starting January 1st of this year, any Iowan age 18 or older who calls Quitline Iowa can receive a free two-week course of nicotine patches and gum, also known as nicotine replacement therapy.

According to recent data from the Iowa Adult Tobacco Survey, 74% of Iowans who use tobacco want to quit. Most try to quit by going “cold turkey,” which means trying to quit without assistance of any kind. This method is only effective less than 5% of the time. Nicotine patches and gum provide a steady dose of nicotine that helps reduce the withdrawal symptoms that can make it difficult to break one's addiction to tobacco.

Assistance, such as the nicotine patches and gum offered through Quitline Iowa, and working with a counselor greatly increase the likelihood for success. People who use nicotine replacement therapy in conjunction with telephone counseling are at least two times more likely to be successful than people who don't.

Quitline Iowa is a toll-free, statewide smoking cessation telephone counseling hotline. Trained counselors provide callers with information about the health consequences of tobacco use, assistance in making an individualized quit plan, and on-going support through optional follow-up calls. Quitline Iowa offers both English and Spanish-speaking counselors, as well as interpretive services for a wide variety of languages.

For more information, visit www.quitlineiowa.org or call 1-800-QUIT-NOW (1-800-784-8669).

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COMMITTEE APPROVES DEFIBRILLATOR PROTECTIONS

The House Judiciary Committee passed Senate File 505 this past week. Senate File 505 provides protections for individuals that use an automated external defibrillator to render emergency care to someone experiencing a sudden cardiac arrest. Essentially, Senate File 505 extends Iowa's Good Samaritan protections to individuals using an automated external defibrillator.

The bill protects a person who responds to what he or she reasonably believes is a sudden cardiac arrest emergency. The bill also extends protections to persons or entities that own or are responsible for the premises where an automated external defibrillator is located, but the bill, as amended, requires maintenance of a defibrillator according to rules developed by the Department of Public Health.

The bill is now eligible for debate in the Iowa House.

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EDUCATIONAL ASSISTANCE PROGRAM APPROVED

The House Veterans Affairs Committee amended and approved Senate File 2289, which makes changes to the war orphan educational assistance fund. The fund was setup several years ago to help pay for college education expenses for the children of veterans who died while serving their country.

If the person died on or after September 11, 2001, during active federal military service and has maintained a residence in Iowa for at least six months immediately before entering into active military service, then the person’s children are entitled to this educational assistance benefit.

The bill set the benefit equal to no more than the current undergraduate tuition rate at the state universities. This change will allow the benefit to improve as tuition is increased, rather the set at a fixed $5,500 per year. The maximum benefit is also increased from $27,500 to a lifetime amount of no more than five times the undergraduate tuition rate at the state universities. The benefit is adjusted for any other state or federal financial aid or scholarships and the student’s financial need.

The bill allows the student to attend any Iowa public or private college. Under current law, the student is limited to the state universities or community colleges. The bill requires the child to begin their postsecondary education before they reach age 26 and the benefit would no longer be available when he or she reaches age 31.

The bill removes the requirement that the child must live in the state the two years prior to applying for the educational assistance.

The bill now goes to the full House for consideration.

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EQUITY FOR INJURED WORKERS' PASSES THE HOUSE

The first of several bills to make workers' compensation more equitable for injured workers has passed the House. The House has passed House Files 2542 and 2568.

House File 2568 ends the practice of compensating an injured worker for less than they are actually paid. Currently, a worker can only receive benefits under workers' compensation at a regular shift rate of pay even though they may have a "shift differential" such as being paid more for working a graveyard shift.

House File 2542 would allow workers who are employed by a company in Iowa, but are working out-of-state, to receive workers compensation. An Iowa Supreme Court case five years ago ruled that an employee was not entitled to compensation even though an employee is working for a company headquartered in Iowa, and the company pays workers’ compensation benefits under Iowa law. The court said, because the employee works throughout the country, the employee is not entitled to compensation.

House Democrats have been trying to address this issue after the Iowa Supreme Court case started to affect other cases, mainly involving out-of-state sales people or truckers. An identical bill passed the Senate last year. It was not debated in the House at that time.

House Files 2542 and 2568 now go to the Senate for consideration. A Senate bill, Senate File 2221, has already passed the House and been sent to the Governor. That bill increased the amount provided for burial expenses.

The House Labor Committee is expected to debate a bill next week, Senate File 2344, dealing with wrongly withheld benefits. It allows, in certain workers' compensation cases, up to 50 percent of the benefits wrongfully withheld without reasonable or probable cause or excuse that was known to the employer or insurance carrier at the time the benefits were denied or delayed. Senate File 2344 has already passed the Senate.

Finally, a bill is before the full House, House File 771, which allows a worker to pre-designate a doctor if the worker is hurt on the job. Iowa is one of only 16 states that do not allow a worker to choose their doctor. Opponents argue that it will raise costs. Although Iowa currently ranks 45th in workers’ compensation premium cost, four states with lower rates than Iowa allow choice of doctor.

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NATURAL RESOURCES CONSTITUTIONAL AMENDMENT

This week, by a vote of 47-2, the Senate adopted a resolution to add an amendment to Iowa’s constitution to protect natural resources and outdoor recreation funding. The bill now goes to the House Natural Resources Committee for consideration.

This proposal comes after two-years of studying the issue by the Sustainable Natural Resource Advisory Committee. It is also the recommendation of the Legislature’s Sustainable Funding for Natural Resources Interim Committee that studied this issue last fall.

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

Senate Joint Resolution 2002 creates a natural resources and outdoor recreation trust fund for the purpose of protecting and enhancing water quality and natural areas in Iowa. This would include parks, trails, fish and wildlife habitat, and conserving agricultural soils. Moneys in this fund can only be used for these purposes.

The resolution further explains that no revenue will be credited to the fund until the tax rate in effect on the effective date of the joint resolution is increased. The effective date of the resolution is after the general public votes on it.

The intent is to credit 3/8th of 1¢ to the fund when the sales tax is increased, which generates approximately $150 million. The Legislature is to establish the parameters for administration of the fund.

Iowa law does not address state referendums, so this constitutional amendment proposal does not ask Iowans whether the sales tax should be increased. It asks Iowans whether they want to protect 3/8th of 1¢ of sales tax revenue for natural resources and outdoor recreation if the Legislature increases the sales tax for this purpose.

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CIVIL RIGHTS EXTENSION PASSES HOUSE

The Iowa House of Representatives approved House File 2157 this week. House File 2157 extends the timeframe for filing civil rights complaints with the Iowa civil rights commission from 180 days to 300 days. The bill brings the statute of limitations for civil rights commission claims more into line with federal requirements for filing similar claims.

It is believed that this legislation would have a practical effect on a relatively small number of cases. According to the Iowa civil rights commission, only two to three cases per month would be affected by this change.

Although Iowa civil rights law covers sexual orientation cases, while federal law does not, sexual orientation accounted for only two cases brought to the Iowa civil rights commission, out of 1,200 total cases, over the previous eight months since the law was expanded. Extending the deadline does include sexual orientation cases, but current experiences indicate that this extension would not be burdensome on the civil rights commission.

The bill must now be considered in the Iowa Senate

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IPERS LOW ADMINISTRATIVE COSTS

CEM Benchmarking Inc. released the findings of their independent study on costs to manage retirement systems during fiscal year 2007.

The study shows that the Iowa Public Employees Retirement System’s (IPERS) costs to manage the $23 billion retirement system are about half the median cost, making IPERS the lowest-cost provider in the comparison group. IPERS’ administration costs are $35 less than half the median cost of $73.

CEM, a private company based in Canada, reviews performance and costs of public pension plans in the United States and abroad. They reviewed 74 pension organizations and compared IPERS to 16 from that group that are similar in membership.

IPERS has more than 310,000 members and provides pensions to teachers, police officers, firefighters, and other government employees. About 85,000 retirees and their beneficiaries receive benefits from IPERS. IPERS paid out more than $1 billion in retirement benefits during the last fiscal year. Over 88 percent of that stayed in Iowa.

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SUBPOENA POWER FOR CIVIL RIGHTS COMMISSION

The House Judiciary Committee has approved Senate File 199, which extends the Iowa civil rights commission's authority to issue subpoenas in any investigation the commission is pursuing. Current law allows the civil rights commission to issue subpoenas only for investigations involving housing or real property practices. The bill is now eligible for consideration by the entire Iowa House.

Ralph Rosenberg, Executive Director of the Iowa civil rights commission, indicated that out of approximately 2,000 cases per year, subpoena power would only be needed in about 30 to 40 cases. Additionally, Rosenberg noted that just referencing the commission's subpoena power is often enough to get reluctant parties to participate in the process. Finally, he noted that Iowa is one of only five states that do not grant the civil rights commission subpoena power in all cases.

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PERFORMING ROSTER APPLICATIONS DUE APRIL 1

The deadline for individuals and groups to apply to be on the Iowa Arts Council (IAC) teaching and performing artists rosters is April 1, 2008.

Applications and all supporting materials should be mailed to the Iowa Arts Council at 600 E. Locust Street, Des Moines, Iowa 50319. Applications and guideline information are available at www.iowaartscouncil.org. Individuals and groups on the performing roster are available to communities, schools and other venues. Applicants for grants often look first to this roster when seeking performing artists.

The roster lists individuals and groups who work in a number of disciplines including folk and traditional arts, interdisciplinary and performance art, literature, music, music theatre, opera and theatre.

IAC compiles the teaching roster to help sponsors identify artists who are pre-approved to work in the Artists in Schools and Communities (AISC) program. A peer panel evaluates each roster applicant for artistic and instructional abilities and achievements.

Teaching artists on the roster are eligible to be hired for AISC residencies, a program funded by Iowa Arts Council Major and Mini grants that brings professional teaching artists into Iowa schools and communities.