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Interim Calendar and Briefing
October 18, 1995
- Contents:
- Calendar of Scheduled Meetings
- Agenda Information Regarding Scheduled Meetings
- BRIEFINGS - Information Regarding Recent Meetings
- Tuesday, October 24, 1995
- Fiscal Committee of the Legislative Council
- 10:00 a.m., Room 22
- Thursday, October 26, 1995
- Public Retirement Systems Committee
- 10:00 a.m., Room 22
- Friday, October 27, 1995
- Public Retirement Systems Committee
- 9:00 a.m., Room 22
- Monday, November 6, 1995
- Alternative Energy Production Committee
- 9:00 a.m., Room 116
- Tuesday, November 7, 1995
- Alternative Energy Production Committee - Tentative
- 9:00 a.m., Room 116
- Wednesday, November 8, 1995
- Blueprint for Iowa's Young Children Committee - Tentative
- 10:00 a.m., Room 22
- Thursday, November 9, 1995
- Housing Development Study Committee
- Time to be Announced, Room 22
- Monday, November 13, 1995
- Administrative Rules Review Committee
- 10:00 a.m., Room 22
- (Please Note Date Change From Previous Calendar)
- Tuesday, November 14, 1995
- Administrative Rules Review Committee
- 9:00 a.m., Room 22
- Wednesday, December 6, 1995
- Senate File 13 (Parental Notification) Conference Committee
- 10:00 a.m., Room 22
- Location: Committee Room 22, State House, Des Moines
- Date & Time: Tuesday, October 24, 1995, 10:00 a.m.
- Tentative Agenda: Agenda to be Announced
- FURTHER IFORMATION: | CHARGE | MEMBERS | STAFF | MINUTES |
Temporary Co-chairperson: Senator John P. Kibbie
Temporary Co-chairperson: Representative Mona Martin
- Location: Committee Room 22, State House, Des Moines
- Date & Time: Thursday, October 26, 1995, 10:00 a.m.; Friday, October 27, 1995, 9:00 a.m.
- Tentative Agenda: Presentations from groups interested in public retirement systems.
- FURTHER IFORMATION: | CHARGE | MEMBERS | STAFF | MINUTES |
Temporary Co-chairperson: Senator Bill Fink
Temporary Co-chairperson: Representative Ronald Nutt
- Location: Committee Room 116, State House, Des Moines
- Date & Time: Monday, November 6, 1995, 9:00 a.m.; Tuesday, November 7, 1995, 9:00 a.m.
- Tentative Agenda: Agenda to be Announced
- FURTHER IFORMATION: | CHARGE | MEMBERS | STAFF | MINUTES |
Temporary Co-chairperson: Senator Elaine Szymoniak
Temporary Co-chairperson: Representative Danny Carroll
- Location: Committee Room 22, State House, Des Moines
- Date & Time: Wednesday, November 8, 1995, 10:00 a.m.
- Tentative Agenda: Agenda to be Announced
- FURTHER IFORMATION: | CHARGE | MEMBERS | STAFF | MINUTES |
Co-chairperson: Senator Michael Gronstal
Co-chairperson: Representative Libby Jacobs
- Location: Committee Room 22, State House, Des Moines
- Date & Time: Thursday, November , 1995, Time to be Announced
- Tentative Agenda: Agenda to be Announced
- FURTHER IFORMATION: | CHARGE | MEMBERS | STAFF | MINUTES |
Co-chairperson: Senator Berl E. Priebe
Co-chairperson: Representative Janet Metcalf
- Location: Committee Room 22, State House, Des Moines
- Date & Time: Monday, November 13, 1995, 10:00 a.m.; Tuesday, November 14, 1995, 9:00 a.m. (Please Note Date Change From Previous Calendar)
- Tentative Agenda: Agenda Published in the Administrative Bulletin
- FURTHER IFORMATION: | CHARGE | MEMBERS | STAFF | PUBLIC HEARINGS |
October 10, 1995
- Education Department - Requirements for Home Schooling, Notice of Intended Action.
- The department proposes a series of amendments to its rules relating to home schooling. These are the first substantive amendments proposed since the rules were first put in place two years ago. Several of the proposals are controversial.
- Child Performance Evaluation. First, the filing eliminates a current provision requiring that a "portfolio" of the child's work be evaluated by a specifically trained evaluator. This portfolio review is an alternative to standardized testing as a means of assessing a child's progress. Under the proposal the evaluator can be a licensed teacher, chosen by the family and approved by the superintendent. Opponents of this provision fear this eliminates any meaningful oversight of the child's progress. The department responds that the evaluator must still be a licensed educator and the superintendent's approval provides an adequate safeguard against an incompetent evaluator.
- Enrollment Requirement. Second, the proposal would eliminate a current requirement that mandates home school students "dual-enroll" in their resident district before they may open enroll in another district. Opponents fear that without dual-enrollment, the student would never be counted in the home district for state aid purposes. The "open-enrolled" district would then bill the home district for services even though the home district never actually had that student in their official count. In short, districts are concerned they may be billed for a student who was never part of the district.
- Committee Action. The Committee took no action on these proposals. Additional review will occur when they are adopted in final form, later this year or early in 1996.
- State Programs. Ted Chapler, Executive Director of the Iowa Finance Authority, and David Lyons, Director of the Iowa Department of Economic Development, provided the Committee with an overview of the housing programs administered by their agencies, and made recommendations to the committee, including expanding the availability of real estate improvement districts statewide (currently real estate improvement districts may be implemented in only six counties as part of a pilot project), make tax increment financing more available for housing by adding flexibility to the manner in which the low and moderate income housing requirement may be met, and provide an appropriation of $1.2 million to fund part of the match required by the federal HOME program.
- Environmental Protection Commission - Permit Fees for Local Water Systems, Emergency Adopted Rule.
- After two years of debate, the Commission has adopted a fee schedule for public water supply systems based on a per capita cost, as required by 1995 legislation. Iowa's larger systems complain that the fee structure is unfair. They note that retaining state primacy holds little advantage for them, contending that small systems receive 90 percent of the technical support and cause over 90 percent of the problems, but pay only 65 percent of the cost.
- Statutory Basis. House File 553 states:
"The commission shall adopt a fee schedule which shall be based on the total number of persons served by public water supply systems in this state."
It was enacted to overturn a previous set of rules that contained a flat fee, imposed on all facilities regardless of size. Smaller systems complained this earlier rule was a ruinous burden.
- Committee Action. The Committee took no action on this adopted rule.
- Environmental Protection Commission (EPC) - Twelve Month Rolling Period for Voluntary Air Quality Permits, Adopted Rule.
- The committee imposed a seventy day delay on an EPC filing relating to air quality permits. It would require industries to keep track of emissions on a continuing basis, with each month starting a new year for calculation purposes. Industry representatives contended this would cause needless book keeping problems when a calendar year record should be sufficient. The committee imposed the delay to determine whether the federal government actually requires the use of 12 month rolling periods. The filing will again be reviewed in December.
- Human Services Department - Medicaid Reimbursement for Admissions into Hospital Emergency Rooms, Notice of Intended Action.
- The committee reviewed a Medicaid proposal limiting reimbursement for emergency room services. Under the proposal, Medicaid will pay a $15 fee to determine whether emergency room services are needed, but NOT if it turns out not to be an emergency. Opponents of this restriction contend that the assessment is necessary to determine whether emergency care is actually needed, so it is only appropriate that Medicaid pay the cost of this care. The committee took no immediate action but will review the rule further when it is adopted in final form.
- Nursing Home Examiners - BA degrees required for nursing home administrators, Adopted Rule.
- The committee voted a session delay on a proposal by the nursing home examiners board requiring four year college degrees for nursing home administrators. The nursing home board adopted this new requirement anticipating that the federal government might mandate a similar provision. The committee members felt such a requirement might be appropriate for larger facilities; but in smaller facilities, especially in rural Iowa, it would be problematic. In these areas facilities will have difficulty paying competitive wages sufficient to attract and retain a four year college graduate. Moreover, in smaller facilities a nursing degree might be more valuable than a BA, allowing the administrator to "pitch in" and assist the staff at critical times. In short, the committee feels that the educational requirement should be proportional to the size of the facility. This rule, scheduled to be implemented in 1999, has been forwarded to the General Assembly for further study during the 1996 Legislative Session.
- Physicians Assistant Board - Standards of practice, Adopted Rule Under a Seventy Day Delay.
- At the request of the committee the rules review group representing the medical examiners and the physicians assistants (PA) have met and developed several amendments to the physician assistant standards of practice. Under this compromise the PA board reinstates an earlier provision requiring one year of supervised practice before operating in an independent clinic, which can be waived after the first six months if both of the following apply:
- The PA and the supervising physician worked together at the same location for a period of at least three months prior to the date the physician assistant is to begin practicing in the remote clinic.
- Patient care provided by the PA is reviewed by the supervising physician at least weekly and the supervising physician signs all charts on patient care rendered without documented direct consultation with the physician during the first year of the physician assistant's practice.
- Physician Visit. The proposal also reinforces that a physician should visit the clinic once every two weeks, and requires that the board be notified in writing when the physician is unable to do so.
- Committee Action. The Committee and various interest groups at the meeting gave tentative approval to this compromise, pending further study. The compromise language will be formally reviewed by the Committee in November.
- LSB Staff: Phyllis Barry, Administrative Code Office
- Contact Person: Joe Royce, Legal Counsel, Administrative Rules
October 12, 1995
- Background.
- Following many prior years of proposed legislation on expansion of the lead abatement program through the Iowa Department of Public Health (IDPH), the 1995 General Assembly passed House File 530 in which IDPH is directed to organize a coalition of interest group representatives to meet and make recommendations to the General Assembly by January 1, 1996 for proposed legislation regarding lead-poisoned persons.
- The first meeting of the Lead Poisoning Coalition was held in an Iowa Communications Network (ICN) Studio, and was broadcast via the ICN to sites in Sioux City, Bettendorf, West Burlington, Ames and Iowa City. The meeting included the following highlights:
- Dr. Ed Schor, Medical Director, Family and Community Health Division, Iowa Department of Public Health (IDPH), began the introductions of members and interested parties participating in the meeting.
- Mr. Mark Schoeberl, IDPH, Legislative Liaison and meeting moderator, provided background regarding the establishment of the Coalition through the passage of House File 530 during the 1995 legislative session. He reviewed the directive in the legislation regarding membership of the Coalition and noted that the legislation directs the Coalition to make and submit recommendations to the General Assembly regarding lead poisoning efforts by January 1, 1996.
- Ms. Rita Gergely, IDPH Lead Program Manager, provided information regarding the incidence and prevalence of lead poisoned children in Iowa, reviewed current policies and programs at the state and local levels for addressing lead poisoning in children, and reviewed federal requirements from the United States Environmental Protection Agency (EPA), the Centers for Disease Control (CDC), and the Department of Housing and Urban Development (HUD).
- Next Meeting.
- Following questions and discussion, the Coalition scheduled a tentative second meeting for Tuesday, October 24, 1995, through use of the ICN with the time to be announced at a later date. The tentative agenda for the second meeting will be fact finding in nature including a detailed review of health implications of lead poisoning, possible input from federal representatives of the EPA and HUD, and testimony from other interested parties including consumers who have experienced lead poisoning.
- LSB Monitor: Patty Funaro
- Contact Person: Mark Schoeberl, Iowa Department of Public Health
October 12, 1995
- Chairpersons - Rules.
- The Business Taxation Study Committee and the Nonbusiness Taxation Study Committee both elected co-chairpersons and each Committee adopted its rules.
- Business Taxation Study Committee Co-chairpersons: Senator Tom Vilsack and Representative Roger Halvorson.
- Nonbusiness Taxation Study Committee Co-chairpersons: Senator William Palmer and Representative Roger Halvorson.
- Machinery & Equipment (M&E) Taxes.
- David Lyons, Director, Department of Economic Development (DED), presented the status of the taxes on M&E as a result of S.F. 69, enacted in the 1995 Legislative Session. One concern involves the possibility of the base in tax increment financing (TIF) districts being reduced as a result of any reduction in M&E values. Language is being developed by interested parties to remedy this concern. Another concern relates to the method used in determining the amount of state replacement of lost taxes as a result of reduction in M&E values.
- Rollback of Property Values.
- Gene Eich, Department of Revenue and Finance (DoRF); and Ed Stachovic, Mayor of Cedar Falls, discussed the property tax rollback provisions. They focused on the limitation that agricultural property or residential property valuation does not increase by a higher percent than the increase in the other. They also discussed the effect this has on shifting the burden of property taxes and the possible side effect on economic development. The Mayor emphasized the need to "uncouple" residential value increases from agricultural valuation increases.
- Federal Budget and Tax Law.
- Lorin Knapp of DoRF stated that spending authority is likely to be enacted through an Omnibus Reconciliation Bill. The Tax Simplification Act of 1995 is to be combined with the Revenue Reconciliation Act of 1995 and the Taxpayer Bill of Rights 2 as part of the omnibus reconciliation package. Some of the provisions of the two tax bills include: allowing for medical savings account deductions; corporation use of "excess" pension balances for limited purposes subject to an excise tax; restrictions on earned income tax credit; simplification of Subchapter S corporation and partnership classification; simplification of pension plan requirements or restrictions; and extension of certain expiring tax credits or deductions.
- Property Tax Credits and Exemptions.
- Will Ament, President, Iowa State Assessors Association, described a survey that was being conducted on views relating to property tax credits and exemptions. Mr. Marvin Diemer complained about property tax exemptions for nonprofit retirement homes which house high-income retirees as being unfair.
- Tax Policy.
- Both James Wengert, President, Iowa Federation of Labor, AFL-CIO; and Mr. Bill Smith, Iowa Tax Reform Action Coalition, stated that Iowa's tax policy is unfair because it is a regressive tax system. They identified changes that have been made which did not make the overall taxes less regressive and changes that have been proposed that would result in less progressivity.
- Franchise Tax.
- Mr. John Sorensen, representing Iowa Bankers Association, provided background on the state's franchise tax (a tax on financial institutions for doing business in the state) and provided a comparison of Iowa's tax to surrounding states. He also spoke of issues that would impact the future of financial services taxation such as the use of ATM's, telephone and other home banking services; services being offered by INTERNET; and the elimination of restrictions on interstate banking and branch banking and the resulting fast pace of mergers and acquisitions.
- Next Meeting.
- The next meeting of the Committees will be separate but are likely to be scheduled for adjacent days.
- LSB Staff: Mike Goedert, Susan Crowley
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