Today (July 1st) is the day all new laws go into effect unless a bill states otherwise.
Below is the full list.
Agriculture
House File 2512 expands an existing Code authority that allows trucks moving livestock and construction materials with six axles to weigh up to a ranges from 80,500 pounds to 90,000 pounds; and up to 96,000 pounds for seven axles to apply to all commercial vehicles of similar size. The bill requires that a commercial motor vehicle traveling under the relaxed weight restrictions must be operated by a person with a commercial driver’s license valid for the vehicle operated, unless the operator is exempt from commercial driver licensing requirements under existing law. The provisions of the bill do not apply to vehicles operated on interstate highways.
Senate File 2248 makes two changes in state livestock regulations to comply with federal United State Environmental Protection Agency (US-EPA) rules. The first change clarifies that confinement feeding operations (CFO) large enough to be considered concentrated animal feeding operations by US-EPA rules must get a NPDES permit. The second aspect provides for an alternative appeal process when a person has been denied a NPDES permit, or granted one by the director of the DNR that the appeal will be with an administrative law judge, rather than the Environmental Protection Commission as is the case with other mostly-livestock DNR permits.
Senate File 2299 significantly updates the license fee structure for the first time in over two decades to reflect changes that have occurred in how grain is marketed and used in the state such as by biofuel processors. The bill modifies the calculation of the fee each grain dealer or warehouse entity owes from being largely based on storage capacity to additionally consider the amount of grain that is purchased. The assessed fee shall not be more than fourteen-thousandths of a cent per-bushel assessed on all purchased grain and a licensed warehouse operator pays not more than fourteen- thousandths of a cent per bushel of bulk grain storage capacity or $500 whichever is less. However, the minimum payment for a licensee is $50.
Commerce
House File 2075 – Mandated Coverage of Cancer Clinical Trials
The bill clarifies that Iowa-regulated insurance plans will provide coverage of services and drugs for Iowans participating in cancer clinical trials. These services will be provided at the same level as if the person was not participating in a trial. Any cost above that level would be covered as part of the trial.
House File 2229 – Prohibiting Dental Insurers From Setting Fees for non-covered services
The bill prohibits a dental insurer in the state of Iowa from requiring dentists to charge fees, set by the insurer, for services not covered by insurance.
Senate File 2157 – Dates for Recording Certain Transfers of Real Estate
The bill shortens the time period for the recording of an installment sales contract for real estate from 180 days to 90 days. The bill also shortens the time period for filing the disclosure statement from 45 days to 30 days.
Economic Growth
HOUSE FILE 2076 IOWA INNOVATION COUNCIL
Establishes the Iowa Innovation Council within the Iowa Department of Economic Development. The new council will create a strategic plan for implementing policies affecting targeted industries and advise IDED and lawmakers on public policy to enhance innovation and entrepreneurship.
HOUSE FILE 2370 ENTERPRISE ZONES
Extends the application deadline for certification of enterprise zones to 7-1-12.
HOUSE FILE 2376 VOLUNTARY SEVERANCE AND ANNEXATION OF PROPERTY
Allows the voluntary severance and annexation of real property between two municipalities and allows them to enter into an agreement to share the property tax revenue and zoning rights.
HOUSE FILE 2449 DISABLED VETERANS BUSINESSES
Requires the Department of Economic Development to encourage and assist businesses owned by disabled veterans.
HOUSE FILE 2488 YOUNG ADULTS ON BOARDS & COMMISSIONS
Encourages the appointment of young adults to state appointed boards and commissions and requires that each board have at least one representative be a young adult.
Education
SF 2376 Education Appropriations
• IASB subject to Open Meetings/Open Records: Requires the Iowa Association of School Boards (IASB) to be subject to Iowa’s Open Meetings and Open Records laws. Requires IASB to provide the legislature annually all reports the association provides to the U.S. Department of Education. Requires school boards to report to their community and to the Iowa Department of Education the dues paid, fee for service and revenue or dividends received from IASB services.
• No Future Cut to Teacher Quality Salary Money Exempts Teacher Quality salary money from any governor’s future across the board cut.
• No Future Cut to Community College Salary Money The community college salary money is not subject to any governor’s future across the board cut.
• Regents and Community College Cost Savings Transparency Requires the Board of Regents and the Community Colleges to a report outlining the impact of their respective cost savings efforts.
HF 2456 Healthy Kids Part Two – Nutritional Standards for K-12 (2008 session legislation with effective date of July 1, 2010). New rules take effect restricting how much sugar, fat and salt can be in school vending machines and school food cafeteria items.
Note: Healthy Kids Part One - The Cardiovascular Exercise Required for K-12 took effect on July 1, 2009. This law requires 30 minutes of physical activity each day for kids in grades K through 5 and 120 minutes of physical activity each week for kids in grades 6 through 12. The student, parent and school keep track of “the nature of the activity, the starting and ending dates of the activity.”
SF 2033 Positioning Iowa for Federal Race To the Top Money – This hurry-up January 2010 enacted bill now takes effect. Iowa’s January application failed in the first round. In early June Iowa applied for a second time with results to be known in September. The bill:
• Removes the current cap on the number of charter schools. Iowa currently has nine charter schools with a cap of 20.
• Inserts and defines “innovation zone” into Iowa’s current charter school law. An “innovation zone” is simply two or more school districts and an AEA joining together to form a charter school. The “Innovation Zone” is subject to the same requirements as a charter school.
• Requires a Memorandum of Understanding (MOU) between the district with a persistently lowest-achieving school and the union to be negotiated within 45 days of the district being notified of the school’s status.
SF 2178 Textbooks and Computers for Nonpublic Schools - This bill expands the definition of textbooks to include laptops allowing Iowa’s nonpublic schools to access laptops as well as traditional textbooks.
HF 2295 AEA Study – This bill requires a comprehensive study of the AEAs. The study looks at the mission, structure, governance and funding of the AEAs to determine if the current model is applicable to the needs of Iowa’s school districts.
HF 2461 Business Managers Licensed - This bill requires new standards for K-12 school business managers. The standards will be drafted by December 31, 2010. Business managers hired after July 1, 2012 must meet yet-to-be-determined licensing requirement as well. After July 1 2012 all business manager will be required to complete continuing education requirements.
HF 2432 Employment of Minorities in School - This bill requires a study of how best to recruit and retain minorities in all K-12 positions.
Environmental Protection
Sections 21-23 of House File 2525 creates a Mississippi River Basin Healthy Watershed Initiative to be implemented by the Iowa Department of Agriculture and Land Stewardship and fund in a new Code chapter (161G) to facilitate the draw down and distribution of federal funds that will be allocated over the next four years for four watersheds in Iowa (Upper Cedar River, Boone River, North Raccoon River, and Maquoketa River) to address in-stream nutrient loading.
Sections 3-7 of House File 2459 creates Code language that authorize the creation of ‘watershed management authorities (WMA). Two or more cities, counties, drainage and/or levee districts, and soil and water conservation districts are allowed to create a WMA. A political subdivision may participate in more than one WMA, but is not required to participate and the board of each WMA shall consist of at least one director from each involved political subdivision. A WMA may assess the flood risks and options for reducing flood, assess the water quality and options to improve water quality, monitor federal flood risk planning and activities, educate the residents of a WMA regarding water quality and flood risks, allocate moneys made available to a WMA for purposes of water quality and flood mitigation, make and enter into contracts and agreements, but may not acquire property through eminent domain.
House File 823 requires state and public education buildings, including public schools, community colleges, and institutions under the control of the Board of Regents to use green-clean building products when such building are cleaned, except for certain pest control and disinfectant cleaning processes. The bill allows state agencies and state and local educational facilities opt out of the ‘green-clean’ requirement if they do so by July 1, 2012 for a specified reason.
Human Resources
House File 2283– Criminal Background Checks for Child Care Providers
The bill changes the requirement that child care providers undergo a criminal record check every four years, to conducting the background check when the Department of Human Services determines it is appropriate. This is believed to help speed up the hiring process for child care centers and reduce the cost to providers and parents.
Senate File 2149– Criminal Background Checks for CNA Students
The bill would require students in certified nurse aide training programs to undergo a background check prior to starting the program. The goal is prevent the situation of a person getting the training only to discover that they are not allowed to be a certified nurse aide, due to their criminal record or having a case of founded abuse on their record.
Senate File 2158 – Child Support Amendments
The main change in the annual child support bill is an effort to shorten the time period for a modification of a child support order. By shortening the time period, it allows the Child Support Recovery Unit to more quickly receive each parent’s financial information and hear any objections to a recalculation. This is intended to help address those situations where parents have lost jobs or seen their incomes reduced.
Senate File 2333– Addressing Due Process Issues in the Abuse Registries
A number of Iowans have had issues with being placed on either the child abuse or dependent adult abuse registries without notice or due process. In other cases, wrongly accused people have waited for months to have an administrative hearing or appeal heard by an administrative rules judge.
The bill addresses the qualifications of a hospital inspector under DIA and requires the filing of conflict of interest statements. The bill also puts into place an expedited appeals process for those accused of Dependent Adult Abuse and face being placed on the state’s Dependent Adult Abuse Registry. A person utilizing the expedited process will not be placed on the registry until the appeal is completed. The bill does not address similar issues with those placed on the Child Abuse Registry.
Senate File 2356 – Health Care Transparency
The bill allows the IowaCare program to use certain expenditures at the University of Iowa Hospitals and Clinics as state match for Medicaid funding. This change would free up $20 million in other funds to be used to provide primary services to IowaCare enrollees at federally-qualified health clinics around the state. This addresses concerns that Iowans in western or northern Iowa are unable to utilize the program. The bill also provides that UIHC physicians will be paid for the care they provide IowaCare patients, and Iowa hospitals for their emergency services they provide to enrollees.
The bill creates a health insurance information exchange to allow Iowans to be better health care consumers. The information exchange would be run by the Insurance Commissioner and would provide easy to use information that compares health plans offered in state, their costs, and other issues like administrative costs. The same information would be provided for public programs like Medicaid and HAWK-i.
Judiciary and Public Safety
*Note – SF 2379, the Right to Carry Bill, will not go into effect until January 1, 2011.
House File 2438 – Attempting to Entice A Child
Adds “attempts to entice a child” to the prohibition of enticing a child. This change is significant because it will aid local law enforcement agencies who intend to capture predators through sting operations. That effort had been made difficult by a recent court decision, but the bill resolves this problem.
House File 2452 – Expanded Use of Ignition Interlock Devices
Allows some persons convicted of an OWI to receive a temporary restricted license earlier while requiring them to install an ignition interlock device on their vehicle. Each time that person uses their vehicle, they will be required to blow into the breathalyzer on the ignition interlock device.
Senate File 2357 – Domestic Abuse, Gun Rights
Incorporates federal provisions removing the gun rights of those convicted of domestic abuse or subject to a permanent protective order. Specifically, an individual who is subject to a permanent protective order is prohibited from possessing firearms or ammunition. When the order is lifted, the individual’s rights are restored.
An individual who is convicted of misdemeanor domestic abuse that involves physical contact or a deadly weapon is prohibited from possession of a firearm or ammunition for the rest of their lives. The only recourse, is a pardon from the President or the Governor.
Senate File 2352 – “Ed Thomas” Bill
This bill addresses an element of the tragic shooting of Coach Ed Thomas. When an officer turns over an individual who has warrants for their arrest or charges pending to a hospital for evaluation, the officer will have a form they may submitted at the time that requires the hospital to notify law enforcement before that individual is released. This will give law enforcement the opportunity to place them back under arrest.
Senate File 2197 – Minors in Strip Clubs
Closes a loophole in the indecent exposure law by eliminating the artistic and theatrical exemption under the law as it pertains to minors. This is in response to the case in Hamburg, where an owner of a strip club used the exemption to avoid conviction following an incident where a minor was permitted to dance nude in his club.
Senate File 2378 – $9.7 Million in Fine Increases
Over two hundred scheduled and non-scheduled fines were increased in SF 2378 (Justice System Budget) for a total increase of $9.7 million. All speeding tickets will increase, most by at least 100%. Some of the other increased fines are for things like defective windshield wipers, failure to wear a seat belt, and window tinting.
Labor
HOUSE FILE 2485 – NON-CONTROVERSIAL CHAPTER 20 CHANGES
House File 2485 contains the non-controversial, agreed-to changes to Chapter 20, which governs public employee unions. This is the bill that was supposed to be approved in 2008 before it was hijacked by the unions, open scope negotiations was added to it and the Governor eventually vetoed it.
Among the items in the bill are the elimination of fact finders, removal of redundant language, correction of typographical errors, and elimination of outdated language.
The bill provides that parties utilizing a cooperative alternative bargaining process may exchange their initial interest statements in lieu of an initial bargaining position during bargaining. The bill modernizes Chapter 20 to recognize that some parties utilize interest-based bargaining, instead of positional bargaining. This would help eliminate stacking the offers with “giveaways”, or items one side knows it is only putting in the offer for the sole purpose of giving it up later to keep something else.
HOUSE FILE 681 – NEW STATE WARN ACT – PLANT CLOSINGS
HF 681 creates the Iowa worker adjustment and retraining notification (WARN) act. The bill requires employers to notify employees and the Department of Workforce Development of plant closings that result in the layoff of 25 of more full-time employees and mass layoffs that are reductions in the workforce of at least 25 employees in a 30-day period.
The following employers are exempt from the WARN Act provisions:
An employer is impacted by a strike or lockout unrelated to this Chapter
An employer that is faltering (note: “faltering” is not defined and it is up to the employer to prove it)
An employer that experiences an unforeseen circumstance (which is defined as a “sudden, dramatic and unexpected action or condition outside of the employer’s control”)
An employer that experiences a natural disaster (defined as floods, earthquakes, droughts, storms, tornadoes and similar effects of nature)
Employers who violate this chapter will be fined $100 per day, per violation. Some employers may just opt to take the $3000 fine rather than comply with the provisions of the bill.
SENATE FILE 2286 – REGULATION OF MIXED MARTIAL ARTS
Senate File 2286 places the regulation of amateur and professional mixed martial arts (MMA) matches and events under the authority of the labor commissioner, similar to boxing and wrestling matches.
The bill requires that a person shall not promote a mixed martial arts match without first obtaining a license from the Labor Commissioner and requires the promoter of a mixed martial arts match shall be responsible for the conduct of all officials and participants.
It allows the Commissioner to suspend the license of contestant if the contestant fails a pre-fight physical or cannot produce proof of being at least 18. Also allows the license suspension of a promoter or contestant that violates the rules adopted pursuant to Chapter 90A.7. The bill requires the promoter to file a report within 20 days after the event. The report shall include number of tickets sold, amount of gross admission proceeds and other items the Commissioner may require by rule.
The bill outlines the criteria which allows the Commissioner to issue a cease and desist order against a promoter of a mixed martial arts match or event. Also provides for a civil penalty for violating the rules of this Chapter. The money from the penalties shall be deposited into the general fund.
Finally, the bill requires that a mixed martial arts contestant be at least 18 years of age.
SENATE FILE 2279 – SHARED WORK PLANS
SF 2279 amends the Code regarding voluntary shared work plans to allow for more than one shared work plan within a 24 month period. A shared work plan reduces the normal weekly hours of work for an employee in the affected unit by not less than twenty percent and not more than fifty percent with a corresponding reduction in wages. Only full–time employees who normally work between thirty–five and forty hours per week are eligible to participate. The reduction in hours and corresponding reduction in wages must be applied equally to all of the full–time employees in the affected unit.
Local Government
SF 2350 Civil Service Commissioners - Under current law persons serving on their local civil service commission can’t have an interest in or “directly or indirectly” provide supplies, material or labor to the city. This bill changes that to allow if the service, material or labor is awarded via a competitive bid process.
SF 434 Transparency in Nuisance Citations - This bill lets buyers know if a nuisance citation is pending on piece of property. This bill requires the district court to file the building code violation or public health and safety citation (nuisance) as a suit pending on the legal description of a piece of property filed with the county recorder.
SF 2254 Fence Disputes and Water Districts - This bill has the county treasurer billing a landowner directly when the township trustees intervenes to fix a livestock related fence.
Natural Resources
House File 2200 modifies existing conveyance of fire-arms provisions to clarify that loaded, but separated magazines may be conveyed in a vehicle.
House File 2310 provides that an owner or tenant of land may obtain pen-reared pheasants from a hatchery approved by the department, and raise or release the pen-reared pheasants on the owner’s or tenant’s land. The person is not subject to restrictions applicable to hunting preserves. A person taking a pen-reared pheasant must comply with all applicable hunting requirements and obtain a hunting license.
House File 2458 expands existing primary/interstate right-of-way restriction concerning when mowing of such state property is allowed by the Iowa Department of Transportation (IDOT) to additionally cover secondary roads (county roadways) in the state and to apply to any person who might mow such land. The bill includes existing exceptions now available to the IDOT such a for visibility and safety purposes; control of invasive and destructive weeds and insects; and creates a new seasonal mow ban, except for permitted purposes until July 15th of each year, with the exception of allowing mowing within 200-yards of an inhabited dwelling. However, this law has no criminal or civil penalties.
Standings
Section 83 and 84 – Rural Water Districts Requires that if the public employer is not subject to a local budget certification process, that implementation of impasse procedures occur no later than 120 days prior to the date of the next fiscal year or budget year. Requires that if the public employer is not subject to a local budget certification process or fails to reach an agreement, the Public Employment Relations Board upon request of either the party shall appoint an impartial and disinterested person as mediator.
Section 86 – Raffles This section authorizes a participant in a raffle conducted by an eligible qualified organization to purchase raffle tickets by personal check, money order, bank check, cashier’s check, electronic check, or debit card for one raffle per calendar year. The bill defines an eligible qualified organization as a qualified organization that has conducted a raffle during the previous eight consecutive calendar years in which the net proceeds are distributed to a museum. The bill requires the department of inspections and appeals to adopt rules that ensure compliance with applicable federal law and with regard to the protection of personal information consistent with payment card industry regulations.
Section 91 – Actions Against Bicyclists – The section creates a new section in Iowa Code chapter 321 – Actions Against Bicyclists. The section – 321.281 – states that a person operating a motor vehicle shall not steer their vehicle “unreasonably close” to a person riding a bicycle on a highway or the shoulder. The section also states that a person shall not “project” any object or substance at or against a person riding a bicycle on a highway. If a person violates either of these provisions, they are guilty of a simple misdemeanor.
Section 92 – Penalty – The section amends Iowa Code section 805.8a (14) by providing a specified penalty for actions against bicyclists. The fine for being convicted of this shall be $250.
Transportation
HOUSE FILE 2456—RESTRICTIONS ON ELECTRONIC COMMUNICATION WHILE DRIVING
Prohibition for adults on reading, writing, and sending text messages while driving. Teens with any type of restricted license are prohibited from using an electronic communication device of any kind for any purpose (including talking on a cell phone). Penalty for violation is a scheduled fine of 30 dollars with higher penalties for infractions causing injuries. Only warnings will be issued for the first year.
HOUSE FILE 2468—OFF-ROAD VEHICLES
House File 2468 was enacted as an amendment on the Transportation Budget (Senate File 2381). It changed the definition of all-terrain vehicles to include off-road utility vehicles. All-terrain vehicles (under the new definition) shall not be on a county roadway unless designated by the county board of supervisors or on a city street unless designated by the city. Additionally both counties and cities can also authorize both all-terrain and off-road utility vehicles to stop at service stations or convenience stores.
SENATE FILE 2179—BACKSEAT SEATBELTS
Senate File 2179 was enacted as an amendment on the Transportation Budget (Senate File 2381) and requires that all passengers in a vehicle under age 18 (currently 11) wear seatbelts regardless of position in the car. It provides an exemption from the backseat seatbelt requirement for a child under age 18 when no seatbelt is available.
State Government
SENATE FILE 2215—GENETIC MATERIAL
Senate File 2215 directs that a genetic test cannot be done without informed and written consent of the person being tested. It also directs that insurance companies cannot release genetic information without prior written authorization and cannot discriminate against someone on the basis of genetic information or testing.. There are exceptions to both of these rules.
SENATE FILE 2354—CAMPAIGN FINANCE REFORM
Senate File 2354 addresses the Supreme Court’s recent decision in Citizen’s United. It makes changes to and clarifies the reporting requirements for in-kind contributions. It also makes changes to the current independent expenditures and “paid for by” statutes.
Ways & Means
SENATE FILE 2380 TAX CREDITS
* The sections of this act have various effective dates. For many tax credits capped or repealed, the effective date is 7/1/10 for tax credits awarded on or after that date.
Creates a Tax Expenditure Review Committee composed of 5 members of the Senate and 5 members of the House responsible for evaluating all tax expenditures every 5 years and providing recommendations on changes to the programs. Requests Interim Study Committees on the Enterprise Zone Program and the 260 E Job Training Program.
Repeals the Venture Capital Fund, the Value Added Ag Products investment tax credit, and the Economic Development Revolving Loan Program. Suspends the Film Tax Credit Program until July 1, 2013.
Reduces the supplemental Research Activities Credit from 6.5% to 3% for companies that make more than $20 million per year. Increases the supplemental Research Activities Credit from 6.5% to 10% for companies making less than $20 million per year.
Reduces the global aggregate cap imposed on 5 tax credit programs from $185 million to $120 million. Programs include: The High Quality Jobs Creation Tax Credit; The Film, Television and Video Promotion Tax Credit; The extra research credit under the quality jobs enterprise zones program; The Enterprise Zone Program and the Assistive Device Tax Credit Program.
Cuts the following tax credit programs by approximately 10%: Accelerated Career Education Job Credits, Endow Iowa Charitable Contributions Credits, Historic Buildings Credits,
Cuts the Iowa Fund of Funds (venture capital investment) tax credits from $100 million to $60 million.
Reinstates the Iowa Death (estate) Tax contingent upon Congressional action.
SENATE FILE 2387 BLOOD BANK SALES TAX EXEMPTION
Authorizes a sales tax exemption for the sales price of equipment necessary for testing blood at a regional blood testing laboratory licensed by the FDA. The bill provides the sales tax exemption under the condition that the regional blood testing lab locates to Davenport. If it does not, than the sales tax exemption is repealed.
Veterans
HOUSE FILE 2110 – MILITARY SPOUSE UNEMPLOYMENT BILL
HF 2110 makes military spouses who voluntarily leave their job due to the relocation of their spouse by the military eligible for unemployment benefits. The charges will not be applied to an employer’s account directly but will instead come from the Unemployment Trust Fund.
HOUSE FILE 2148 – ELIGIBILITY FOR MILITARY HOMEOWNERSHIP GRANT
HF 2148 changes the Military Homeownership Assistance Program eligibility. Previous law required that a military member under a certain income threshold must use an Iowa Finance Authority finance program to receive the grant. Low rates in the housing market meant IFA’s program couldn’t always offer the lowest rate, causing military members to choose between the grant and the lower rate. This bill allows a bank to apply to IFA to allow the military member to get a loan at their local banks. Applying to IFA protects a buyer from bad loans and predatory lenders.
HOUSE FILE 2197 – HOLIDAY FOR VETERANS ON VETERANS DAY
HF 2197 requires employers in the state to provide employed veterans a holiday for Veteran’s Day, if the employee would otherwise be required to work that day. It is the employer’s choice whether the holiday is paid or unpaid. If providing the day off would cause “significant economic or operational disruption” or impact public health or safety, the employer can deny the request.
Veterans are required to request the day off 30 days in advance and provide proof of service. Employers are required to notify a veteran 10 days in advance of the holiday if they are receiving the day as a paid or unpaid holiday. If too many employees request the day off, an employer shall deny the request for the minimum number of employees needed to maintain minimum operational capacity or to protect public safety or health.
