1996 SUMMARY OF LEGISLATION

STATE GOVERNMENT

STATE GOVERNMENT LEGISLATION

SENATE FILE 73 - Licensure of Social Workers (full text of bill)

BY GRONSTAL AND TINSMAN. This Act establishes a licensure requirement for social workers, provides for three levels of licensure, and creates a seven-member licensing board for social work examiners. The board shall consist of two members of the general public, one licensed social worker for each of the three levels of licensure, and two members employed by a licensee under Chapter 237, which provides for child foster care facilities.
The Act creates three categories of social worker for licensing purposes -- bachelor, master and independent level social worker. The primary distinction between the levels concerns an emphasis on assessment and intervention at the bachelor level, diagnosis and treatment at the master level, and qualification to perform the functions of a master level social worker in private practice at the independent social worker level. Licensure to practice social work shall be required at the master and independent social worker levels, and optional at the bachelor level. To be licensed, an applicant shall possess a professional degree appropriate to the level in question, pass an examination, and conduct all professional activities in accordance with standards for professional conduct established by the board. Independent level social workers must, additionally, have engaged in the supervised practice of social work for at least two years, or 4,000 hours, prior to taking the examination.
Provisions regarding reciprocal licensure, license renewal and continuing education, authorized use of titles, the rulemaking authority of the board, confidentiality of information, exemptions from licensure requirements, and title and practice protection are included in the Act. In addition, applicants for licensure prior to July 1, 1998, who possess a professional degree appropriate to their level and who have a specified number of hours of professional experience are exempt from some of the licensure requirements provided in the Act, such as the requirement to pass an exam.
An effective date of July 1, 1998, is provided for the composition of the board.

SENATE FILE 259 - Mortuary Science and Cremation (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act expands the authority of the Mortuary Science Board to regulate cremation services, establishes licenses for cremation and funeral establishments, and provides that the board establish standards for these establishments.
The Act changes the composition of the Board of Mortuary Science Examiners, defines cremation and funeral establishments, and replaces the term "apprentice" with the term "intern" with respect to mortuary science licensure. The apprenticeship certificate is changed to require a one-year internship in mortuary science.
Additionally, the Act requires a license for funeral and cremation establishment operation and provides qualifications for licensure, development of professional standards, and the ability to set fees. The board is authorized to suspend or revoke a license and impose fines and other penalties against a licensed establishment where indicated.
If the next of kin, guardian or other person authorized to act on behalf of a deceased individual requests cremation, the Act provides that a cremation permit must be obtained from a medical examiner, unless the deceased was a member of an established religion whose tenets are opposed to inspection or examination of the body of a deceased person. The maximum cost of a cremation permit is increased from $25 to $35.

SENATE FILE 2013 - Licensure of Respiratory Care Practitioners (full text of bill)

BY JUDGE. This Act transfers the licensing authority for respiratory care therapists from the Department of Public Health to a new State Board of Respiratory Care established under the Act. The Act provides that an applicant for a license to practice as a respiratory care therapist must pass an examination approved by the board prior to licensure. Current respiratory care practitioners who have not passed the examination are given 36 months to pass an approved exam. The Act also expands the definition of a "respiratory care practitioner."

SENATE FILE 2062 - Substantive Code Corrections (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act enacts miscellaneous Code corrections that are substantive in nature, and which adjusts language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, and remove ambiguities.

SENATE FILE 2080 - Nonsubstantive Code Corrections (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act makes Code changes and corrections that are considered to be nonsubstantive and noncontroversial, in addition to style changes.

SENATE FILE 2121 - Iowa State Fair Board -- Auditing Practices (full text of bill)

BY PALMER AND DOUGLAS. This Act amends Chapter 173, which provides for the establishment of the Iowa State Fair and its administration by the Iowa State Fair Board. Under the chapter, a convention of delegates meets each year to elect a number of directors to the board. This Act requires the board to provide convention delegates with a report containing financial information relating to the administration of the fair rather than an audit report. The Act provides that the Auditor of State must examine the financial affairs of the board annually rather than prior to the convention. The Act also eliminates a requirement that the time and place of the convention be set after the completion of the audit.

SENATE FILE 2122 - Unclaimed Property -- Outdated Warrant Recovery -- Fraudulent Practices (full text of bill)

BY GRONSTAL. This Act relates to limitations placed upon contracts to provide assistance in the recovery of outdated warrants held by the Department of Revenue and Finance. Warrants are outstanding obligations, such as income or sales tax refunds issued by the state for property, which include, but are not limited to, money owed to a person by the state. Specifically, the Act provides that an agreement to pay compensation to recover or assist in the recovery of an outdated warrant made within 24 months after the date the warrant becomes outdated is unenforceable. However, an agreement made 24 months after the date the warrant becomes outdated is valid if the fee or compensation agreed upon is not more than 15 percent of the recoverable property, the agreement is in writing and signed by the payee, and the writing discloses the nature and value of the property and the name and address of the person in possession. The Act does not apply to a payee who has a bona fide fee contract with a practicing attorney.
The Act expands the definition of acts constituting fraudulent practices to include knowingly providing false information for purposes of claiming an interest in unclaimed property held by the state or securing a contract with another for the recovery of unclaimed property.

SENATE FILE 2127 - Confidentiality of Social Security Numbers -- Owners of Unclaimed Property (full text of bill)

BY GRONSTAL. This Act provides that social security numbers, collected and maintained by the Treasurer of State and the Department of Revenue and Finance in the course of administering claims for unclaimed property and outdated warrants, shall be kept confidential under the public records law.

SENATE FILE 2147 - Iowa Telecommunications and Technology Commission (full text of bill)

BY MCLAREN. This Act increases the membership of the Iowa Telecommunications and Technology Commission from three to five members. One of the new members is to be appointed for an initial term of five years and one for an initial term of three years. The Act decreases the salary of the members of the commission from $20,000 per year to $12,000 per year, and decreases the salary of the chairperson of the commission from $25,000 per year to $17,000 per year. The Act also provides that the members of the commission are subject to the personal financial disclosure provisions of Section 68B.35.

SENATE FILE 2245 - Public Retirement Systems (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act makes numerous changes pertaining to public retirement systems, including the Iowa Public Employees' Retirement System (IPERS, Chapter 97B), the Public Safety Peace Officers' Retirement, Accident, and Disability System (PORS, Chapter 97A), and the Statewide Fire and Police Retirement System (Chapter 411).

IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (IPERS). The Act contains the following provisions relating to IPERS:

• 1. The Department of Personnel is authorized to release records maintained by the department concerning IPERS members to a governmental entity for purposes of civil or criminal law enforcement activity. The section further provides that the department is not liable for the release of records pursuant to this new paragraph.
• 2. A member's right to payments under IPERS is subject to marital property orders. The Act further provides that IPERS shall comply with the provisions of a marital property order requiring the selection of a particular benefit option, designated beneficiary, or contingent annuitant otherwise authorized under IPERS if the member has not yet received a retirement allowance.
• 3. The definition of "employee" under IPERS is amended to provide that certain university instructors governed by the Board of Regents who work less than half-time for a school year are considered temporary employees and not covered by IPERS. Previously, this reference applied only to half-time community college instructors.
• 4. Beginning January 1, 1997, the covered wage limitation is eliminated, subject only to the wage level permitted under the federal Internal Revenue Code. A member's covered wages determines the contributions made to IPERS and the member's retirement benefits. The covered wage limitation for 1996 is $44,000 and previous law provided that this amount would have increased $3,000 a year up to a maximum of $55,000. The Act also amends the definition of "three-year average covered wage" to provide that, for certain members who retire between January 1, 1997, and December 31, 2003, the member's three-year average covered wage shall be determined on the member's covered wages from four to seven years if the member's three-year average covered wage exceeds a certain dollar amount for the year the member decides to retire. A member's three-year average covered wage is used to determine the member's retirement benefits.
• 5. For members under 65 years of age, a member's retirement allowance shall be reduced by 50 cents for each dollar the member earns in employment covered by IPERS over the limit for extra income provided in Section 97B.48A. The Act also provides that the earned income limit is the greater of $7,440 or the amount of income permitted under Social Security. Previous law provided for a suspension of the retirement allowance for earnings over $7,440. The Act provides for recouping these reductions from beneficiaries of the member if the member dies prior to IPERS recovering the full amount of the reductions.
• 6. Beginning January 1, 1997, the minimum monthly benefit for members who retired between July 1, 1953, and July 1, 1990, with at least 10 years of service is $200. For each year of service from 10 to 30 years of total service, the minimum benefit shall increase by $10 per year of additional service. Previous law provided for a $50 minimum benefit for those retirees.
• 7. A member retiring after July 1, 1996, receives an additional 0.25 percent added to the applicable percentage multiplier for each calendar quarter of service in addition to the number of years of service required for a member to receive the maximum percentage multiplier, up to a maximum of an additional 5 percentage points. This additional percentage applies to all members under IPERS.
• 8. The Act provides for the payment of a retirement dividend based on a percentage of a member's monthly retirement allowance for certain retirees in November 1996. Members who retired between July 4, 1953, and December 31, 1975, receive a dividend of 292 percent of the monthly benefit; members who retired between January 1, 1976, and June 30, 1982, receive a dividend of 223 percent of the monthly benefit; members who retired between July 1, 1982, and June 30, 1986, receive a dividend of 74 percent of the monthly benefit; and members who retired between July 1, 1986, and June 30, 1990, receive a dividend of 24 percent of the monthly benefit.
  The Act also adds a new provision to provide for the payment of a retirement dividend every November, beginning in November 1997, for members who retired before July 1, 1990. The dividend is calculated by adding the dividend paid in the previous year to an amount determined by multiplying the total of the retiree's monthly benefit payments and the dividend payable to the retiree in the previous calendar year by a percentage. The percentage applied to calculate the adjustment of the dividend is the lesser of 80 percent of the increase in the federal Consumer Price Index, the amount the actuary determines the system can afford without an increase in contribution rates, or 3 percent.
• 9. A member retiring on or after July 1, 1996, is eligible for normal retirement without penalty based on a rule of 90 where the combination of a member's age and years of service equals or exceeds 90, and the member is at least 55 years of age. On July 1, 1997, or the date the actuary determines that the system can afford it, whichever is later, a member will be eligible for normal retirement without penalty based upon the rule of 88, as long as the member is at least 55 years of age. Previously, the law provided for a rule of 92.
• 10. The Act establishes a hybrid retirement formula to be used in computing the retirement allowance for members who earned service as a regular IPERS member and who earned service as a member of a protection occupation or a county sheriff, deputy sheriff or airport fire fighter.
• 11. The Act provides that a beneficiary, heirs or the estate has five years, and not two years as provided under current law, after the member's death to apply to the department to receive the member's death benefit. The Act also requires the department to reinstate a surviving spouse's right to receive a death benefit after five years if required or permitted pursuant to the federal Internal Revenue Code.
• 12. Effective July 1, 1996, employees under the federal retirement system may be covered under IPERS if service under IPERS is not counted for their federal system retirement.
• 13. Effective for years beginning January 1997, the interest credited to the member's and the employer's contributions for purposes of determining the accumulated contributions shall be equal to 1 percent higher than the interest rate for one-year certificates of deposit as of the first business day in January of each year. The Act also provides that interest shall be credited on a quarterly basis.
• 14. Certain members are permitted to make partial "buy-backs" or "buy-ins" of membership service in increments of calendar quarters. Previously, these members could make partial "buy-backs" or "buy-ins" of membership service in increments of calendar years.
• 15. The Iowa Public Employees' Retirement Division is required to conduct the following studies for consideration by the Public Retirement Systems Committee during the 1997 Interim:
  • a. Development of proposals for establishing a defined contribution option and for converting the current system into a defined contribution plan.
  • b. Consideration of proposals concerning the contribution rates paid by employers and employees to include consideration of making the rates equal. Currently, the employer contributes 60 percent and the employee contributes 40 percent to the fund.
  • c. Consideration of proposals concerning various options for establishing disability retirement benefits for employees, or certain employees, covered by IPERS.
  • d. Consideration of proposals for determining which occupations should be eligible for inclusion as members in a protected occupation as provided by IPERS.
  • e. Comprehensive examination of the plan design of IPERS to include recommendations of proposals for improvement.
• 16. The Act also requires the Public Retirement Systems Committee during the 1997 Interim to study and make recommendations concerning the organizational structure of IPERS.

TEACHERS' PENSION AND ANNUITY RETIREMENT SYSTEMS. The Act adds new Section 294.10B to provide that payments under a pension and annuity retirement system for teachers established in Chapter 294 are subject to child, spousal or medical support obligations, or marital property orders, but are not transferable or subject to other types of legal process.

PUBLIC SAFETY PEACE OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM (PORS). The Board of Trustees of the Iowa Department of Public Safety Peace Officers' Retirement, Accident, and Disability System shall, upon the advice of an actuary hired by the board, make the necessary valuations for determining the contribution rate into the fund. Currently, the Commissioner of Insurance is given the responsibility to perform these functions.
The Act amends Section 97A.5, authorizing the board of trustees to hire investment and benefit advisors and consultants in order to administer the system. The section is also amended to provide that the Department of Public Safety, the board of trustees, and the Treasurer of State shall not be liable for actions that do not constitute malicious or wanton misconduct, even if the actions violate standards established in Section 97A.7.
The Act also does the following:

• 1. Increases from 0.6 percent to 1.5 percent the additional benefit for members for each additional year of service in the system from 22 to 30 years of service for members terminating service on or after July 1, 1996.
• 2. Increases the minimum benefit for surviving spouses of members from 20 percent to 25 percent of the compensation for a senior patrol officer.
• 3. Provides for an annual readjustment of the pension payable from the current 12.5 percent and 25 percent to 15 percent and 30 percent, respectively. Previously, only those members who retired prior to July 1, 1990, got the higher percentage readjustment. The Act also provides that a retired member is eligible for this readjustment if the member served 22 years. Prior law required a member to serve 22 years and attain the age of 55 years before retirement in order to be eligible for the readjustment.
• 4. Provides for early retirement benefits for members who retire between the ages of 50 and 55 years but who have 22 years of service. The member's benefit will be reduced by an amount for each month of early retirement to reflect the actuarial cost, so that the early retirement does not result in any increase in cost to the system.
• 5. Eliminates the requirement that, beginning July 1, 1996, the normal contribution rate and the member's contribution rate be equivalent to the respective rates provided under the Statewide Fire and Police Retirement System (Chapter 411). Instead, the rates shall be based on the actuarial costs associated with PORS, subject to certain existing limitations.
• 6. Provides that a member's pension under PORS is subject to assignment based on a marital property order or a child, spousal or medical support order.
• 7. Establishes a mechanism for allowing vested members of PORS and vested members of Chapter 411 to transfer to the other system with credit for the period of service in the former system. The Act permits a member who transferred to the other system before July 1, 1996, to transfer credit from the former system to the current system within one year.

STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM (CHAPTER 411). The Act contains the following provisions relating to Chapter 411:

• 1. The Act replaces the current method for annually readjusting the pensions of members of the system effective July 1, 1997. The Act provides that the monthly pensions of members shall be adjusted each July 1 by adding an amount to the pension that represents an increase of 1.5 percent over the previous year's monthly pension plus a set dollar amount based on the number of years the member has been retired. A retired member must be retired on or before the effective date of the pension readjustment to be eligible for the readjustment.
• 2. The Act provides that a member's pension under Chapter 411 is subject to assignment based on a marital property order or a child, spousal or medical support order.
• 3. As noted concerning PORS, the Act establishes a mechanism for allowing vested members of Chapter 411 and vested members of PORS to transfer to the other system with credit for the period of service in the former system.
• 4. The Act also establishes a mechanism to charge participating cities in the system with the unfunded liability of that city along with interest calculated based on the investment performance or actuarial assumptions of the system.
• 5. The Act provides a new section establishing voluntary benefit programs for members of the system. The Board of Trustees of the Statewide Fire and Police System is authorized to establish programs for the benefit of members, to include retiree health, long-term care, and life insurance. The new section establishes a voluntary benefit fund for the purpose of investing assets transferred to the fund from employee contributions. Participation in the program by members is voluntary and the extent of a member's benefit under this section depends on the member's contributions to the fund.

JUDICIAL RETIREMENT SYSTEM. The Act provides that the State Treasurer may hire investment and benefit advisors and consultants in order to administer the system. The Act also provides that the State Court Administrator and the Treasurer of State shall not be liable for their actions concerning the fund that do not constitute malicious or wanton misconduct even if the actions violate standards established for the fund.

THE GOVERNOR ITEM VETOED THE FOLLOWING PROVISION CONCERNING IPERS:
• A provision establishing a mechanism to reduce the percentage multiplier applied to members whose three-year average covered wage for service exceeded $55,000. The mechanism would have reduced the multiplier only for that portion of wages that exceeded $55,000 and would provide for an increase in the salary brackets based on inflation.

SENATE FILE 2366 - Centralized Financing of State Agency Property Purchases (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act creates new Section 12.28, which provides sole authority for the Treasurer of State to enter into lease-purchase agreements or financing agreements for the financing of real or personal property to be purchased by a state agency.
The Act removes Code language authorizing the Director of the Department of General Services to enter into lease-purchase agreements for the financing of real or personal property on behalf of state agencies, and reinserts similar language authorizing the Treasurer of State to serve as the sole state official authorized to enter into financing agreements allowing the purchase of real or personal property for state agencies. However, financing agreements for an energy conservation measure or through the Materials and Equipment Revolving Fund are exempt from the requirements of this new section. The Act also provides that a state agency does not include the State Board of Regents and its institutions, the Iowa Finance Authority, the Economic Protective and Investment Authority, the Agricultural Development Authority, the Iowa Advance Funding Authority, the Higher Education Loan Authority, and the Railway Finance Authority.
The Act provides for establishing a Financing Agreement Payment Fund in the Treasurer of State's Office, into which state agencies would transfer the required payments. State agencies would transfer moneys to the fund pursuant to procedures implemented by the Treasurer to ensure that payments are made on time.
The Act further provides that the Treasurer would be prohibited from entering into more than $1 million of financing agreements per state agency per fiscal year. However, the Treasurer could enter into financing agreements above the $1 million limit if the General Assembly is not in session and the Governor authorized the additional amount for a state agency.
The Treasurer of State would have the discretion to determine the most economical method of financing a state agency's request for funds, and would be permitted to use master lease-purchase agreements, issue certificates of participation, or use any other financing method or method of sale the Treasurer believes will provide savings to the state in issuance or interest costs.
Section 18.23, authorizing the lease-purchase of improvements to the State Capitol Building, is repealed.
The Act amends Section 8D.11 to provide that financing agreements for the purchase of real or personal property associated with the Iowa Communications Network by the Iowa Technology and Telecommunications Commission or a state agency would also be subject to the provisions of this Act. The Act also increases from $50,000 to $1 million the authority of the commission to enter into a contract to purchase, lease or improve property for telecommunications without prior legislative approval.

SENATE FILE 2367 - State Claims Procedures (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act amends the procedure for payment of outdated claims against the state. Outdated claims are ones based on invoices for goods or services that were provided more than 90 days prior to the date of the claim, or that were submitted after the close of the fiscal year. The Act provides that outdated claims can be filed directly with the agency that received the goods or services, for approval or rejection. The Department of Revenue and Finance can pay an approved claim, provided that the appropriation or fund of original certification available for paying the claim is sufficient.
The Act is effective April 8, 1996.

SENATE FILE 2387 - Department of General Services -- Miscellaneous Duties (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act makes several changes to Code provisions dealing with the Department of General Services.
The Act provides that the authority of the Director of the Department of General Services to institute civil and criminal proceedings against a person for injury to public property includes the authority to institute such action if the property is intangible or intellectual property.
The Act provides the director with additional authority concerning the disposal of unwanted personal property of the state. The Act allows the director to charge the state agency in control of the personal property for costs associated with the removal and disposal of personal property that is contaminated or otherwise hazardous waste. The Act also permits disposal of the personal property of not-for-profit organizations and other governmental agencies.
The Act allows the director of the department to establish a Monument Maintenance Fund in the State Treasury to be held in interest-bearing accounts upon receipt of funds for the maintenance of a state monument.

HOUSE FILE 476 - Purchasing Division -- Aggrieved Bidder Appeals (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act strikes the provision in Section 18.7 that permits an aggrieved bidder, whose bid was timely filed, to appeal an award of the Purchasing Division of the Department of General Services within five days after receipt of the "notice of intent to award" issued by the division.

HOUSE FILE 2061 - Health Care Peer Review Committees (full text of bill)

BY BLODGETT. This Act adds health care entities engaged in providing health care services, including group medical practices, to the list of recognized health care peer review committees established in Section 147.1. Consequently, pursuant to Section 147.135, health care service entities, including group medical practices, are accorded civil immunity for actions resulting from peer review committee activities.

HOUSE FILE 2153 - Reinstatement Upon Denial of Disability Retirement Benefits (full text of bill)

BY CONNORS. This Act provides reemployment rights for a member of the Statewide Fire and Police Retirement System and the Public Safety Peace Officers' Retirement, Accident, and Disability System who applies for an ordinary disability retirement benefit or an accidental disability benefit and is determined by the medical board not to be incapacitated for duty. The Act provides that the member can resume active service in the same position held by the member prior to the application for disability benefits.

HOUSE FILE 2190 - Publication of City and County Legislation -- Newspaper Publication Fees (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act concerns the publication of notices, ordinances and amendments required by law to be published, by providing for the manner of the publication and the compensation rate for publication of these notices.
The Act provides that a summary of an ordinance or amendment enacted at the city or county level may be published instead of the complete text. An acceptable summary for this purpose shall set forth in a clear and understandable manner a narrative description of the main points of the ordinance or amendment. A copy of the complete text of a summarized ordinance or amendment shall be made available to the public at the county auditor's office.
The Act also provides that the compensation rate for publication of any notice, order, citation, or other publication required or allowed by law shall be established by the Superintendent of Printing through rulemaking after consultation with representatives of affected local governmental entities and the newspaper industry. Rates are required to be reviewed annually, with adjustment made by the Superintendent of Printing if necessary to accurately reflect current economic conditions.

HOUSE FILE 2230 - Department of Inspections and Appeals -- Miscellaneous Provisions (full text of bill)

BY COMMITTEE ON COMMERCE AND REGULATION. This Act relates to the duties of the Department of Inspections and Appeals.
The Act provides in Iowa Code Chapter 10A that the Director of the Department of Inspections and Appeals is responsible for administering Chapters 135G, concerning birth centers; 135H, concerning psychiatric medical institutions for children; and 135J, concerning licensed hospice programs. Previously, these chapters provided for Department of Inspections and Appeals administration, but no reference to the chapters is made in Chapter 10A.
The Act provides for the establishment of a lien in favor of the state concerning any provider payments improperly obtained from the Department of Human Services that have not been repaid.
The Department of Inspections and Appeals' responsibility for conducting audits of real estate broker trust accounts and Iowa Department of Public Health contractors is eliminated under the Act.

HOUSE FILE 2318 - Regulation of Professional Engineering, Land Surveying, and Architecture (full text of bill)

BY COMMITTEE ON COMMERCE AND REGULATION. This Act amends provisions relating to the regulation of professional engineers, land surveyors and architects.
The Act provides for the licensure of professional engineers and land surveyors by the Professional Licensing and Regulation Division of the Department of Commerce. Previously, professional engineers and land surveyors were only registered by the division. The Act strikes language which provides that a reproduction of an engineering or land surveying document which complies with existing statutory requirements is deemed to be in compliance if the date, signature, certificate, and registration number are legibly reproduced.
The Act also creates two new sections which authorize the Engineering and Land Surveying Examining Board and the Architectural Examining Board to impose a civil penalty upon a person who is not licensed under Chapter 542B as an engineer or land surveyor, or registered under Chapter 544A as an architect, and who engages in certain acts involving the practice of engineering or land surveying or the practice of architecture. The civil penalty imposed can be no more than $1,000 for each violation with each day of a continuing violation constituting a separate offense.
The board involved in imposing the penalty is permitted to consider certain identified factors in determining the amount of the civil penalty. The board must also provide written notice to the person and the opportunity for a hearing on the record. A person against whom a civil penalty is imposed may seek judicial review in accordance with Section 17A.19.
If a person fails to timely pay a civil penalty imposed pursuant to this Act, the board shall notify the Attorney General, who may commence an action to recover the amount of the penalty, including reasonable attorney's fees and costs.

HOUSE FILE 2324 - State Employee Disclosures of Information (full text of bill)

BY HOUSER, VANDE HOEF, MARTIN, HAHN, HANSON, GRUNDBERG, KREMER, KLEMME, HURLEY, ERTL, BRAUNS, DAGGETT, GREIG, HALVORSON, TYRRELL, EDDIE, GARMAN, WELTER, GREINER, BRUNKHORST, METCALF, CHURCHILL, FALLON, KREIMAN, MERTZ, SHOULTZ, BAKER, MUNDIE, COHOON, NELSON of Pottawattamie, LARKIN, MAY, MYERS, and BERNAU. This Act provides additional protections for state employees who make a disclosure of information to the General Assembly or any other public official or law enforcement agency under certain circumstances.
The Act provides that a person who serves in a supervisory capacity within the executive branch of state government shall not require an employee of the state to inform that person that the employee made a disclosure of information otherwise permitted by Section 70A.28, relating to public officers and employers, to the General Assembly or any other public official or law enforcement agency. The Act also provides that no adverse employment decision can be made by a person involved with state government as a reprisal for a state employee not informing that person that a disclosure of information otherwise permitted by Section 19A.19, relating to the state merit employment system, or Section 70A.28 was made. The Act also makes the "whistle blower" protections of Section 70A.28 applicable to employees of the General Assembly and the State Board of Regents. However, the Act provides that the employee may be required to inform the relevant person that a disclosure was made if the employee represents that the information is the official position of the employer. As provided in the Iowa Code, a violation of these protections constitutes a simple misdemeanor and the prohibition concerning employment reprisals can be enforced through a civil action.
This Act takes effect April 16, 1996.

HOUSE FILE 2407 - Legal Publications, Related Products, and Governmental Data Processing Software

BY COMMITTEE ON STATE GOVERNMENT. This Act provides for the publishing and distribution of information stored or produced by the General Assembly and for accessing governmental data processing software. The Act authorizes the Legislative Council to establish policies for the distribution of information stored in an electronic format, either as raw data or as a value-added electronic publication, and contains statutory pricing guidelines for reproducing and delivering the electronic information.
The Act changes the effective date of editorial changes in certain legal publications to the effective date of the sales price for the publications. It provides that the printed versions of the legal publications are the official versions. It provides for periodic distribution of lists of documents transmitted to the General Assembly to members of the Iowa General Assembly by the Legislative Service Bureau. The Act provides for the free distribution of legal publications, by allowing the substitution of electronic versions and allowing the Superintendent of Printing and the Legislative Council to set payment policies.
The Act allows a governmental body to protect and restrict access to data processing software developed by a governmental body. The Act provides that a governmental body may establish payment rates, conditions and procedures to allow access to data processing software. The Act requires that public access to data itself must still be provided as required under Chapter 22, the public records law, regardless of whether the data is stored as part of data processing software.

RELATED LEGISLATION

SENATE FILE 2071 - Advisory Commission on Intergovernmental Relations (Complete summary under LOCAL GOVERNMENT.)

This Act creates an Iowa Advisory Commission on Intergovernmental Relations consisting of state officers, local government officers, and legislators; and charges the commission with the study of patterns, powers and functions of local governments, existing and desirable relationships between local governments and the state, necessary and desirable allocation of fiscal resources, special problems among local, regional, state, and interstate governments, and necessary and desirable roles of the state as the creator of local governmental systems.

SENATE FILE 2110 - Anatomical Gift Public Awareness and Transplantation (Complete summary under HEALTH & SAFETY.)

This Act establishes an Anatomical Gift Public Awareness and Transplantation Fund under the control of the Iowa Department of Public Health and the Anatomical Gift Public Awareness Advisory Committee within the department. The Act provides for the collection of contributions made by applicants for registration or renewal of registration of a motor vehicle and other contributions to be placed in the fund and provides for expenditure of the moneys in the fund for certain purposes including public awareness projects and payment of costs related to transplantation. The Act specifies the duties of the committee, including awarding of grants, promotion of the making of anatomical gifts, and recommendation of measures to improve the state anatomical gift law.

SENATE FILE 2130 - Gypsy Moth Litigation (Complete summary under AGRICULTURE.)

This Act repeals a provision enacted by the General Assembly in 1995 in H.F. 553, which required the Department of Agriculture and Land Stewardship and the Attorney General to cooperate in bringing legal action against parties liable for damages caused by the shipment from the state of Michigan of trees or other plants infested with gypsy moths.
The Act takes effect March 1, 1996.

SENATE FILE 2153 - Law Enforcement Officer Certification (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act requires the Director of the Iowa Law Enforcement Academy to promulgate rules relative to certification through examination for individuals who have successfully completed the Federal Bureau of Investigation National Academy, have corrected 20/20 vision or better, and were employed on or before January 1, 1996, as chief of police of a city in Iowa with a population of 20,000 or more.

SENATE FILE 2159 - Evaluator Licensing of Educators (Complete summary under EDUCATION.)

This Act provides an alternative to double-licensure for educators employed in a supervisory teaching or administrative capacity. Section 272.33 of the Iowa Code requires individuals responsible for administering teaching faculty performance evaluations in a supervisory capacity to complete coursework leading to an evaluator license, in addition to their teaching license. This Act provides that an evaluator endorsement attached to an educator's teaching license may be obtained instead of an independent evaluator license.

SENATE FILE 2171 - Miscellaneous Public Health Administration Provisions (Complete summary under HEALTH & SAFETY.)

This Act authorizes the Director of Public Health to establish ad hoc and advisory committees to provide technical expertise not otherwise available, changes the loan repayment provisions for the primary care recruitment retention endeavor, changes the manner in which the Bureau of Professional Licensure is to provide license registration information to the public, changes quorum requirements for certain advisory boards, and provides for facilitation of the transfer of historic health data information from the Health Data Commission to the Community Health Management Information System Data Repository.

SENATE FILE 2195 - Iowa Communications Network Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys to the Iowa Communications Network Fund for FY 1997 for debt service, the connection of a minimum of 110 Part III authorized users, the subsidization of video rates for certain authorized users, maintenance and lease costs, and support services.

SENATE FILE 2213 - Prevention of Disabilities (Complete summary under HUMAN SERVICES.)

This Act extends the repeal of the Prevention of Disabilities Policy Council chapter of the Code, Chapter 225B, from June 30, 1996, to June 30, 2000.

SENATE FILE 2235 - Nursing Facilities -- Alternative Licensure and Inspections (Complete summary under HEALTH & SAFETY.)

This Act provides for adoption of rules, by the Department of Inspections and Appeals, regarding the licensure of nursing facilities.

SENATE FILE 2289 - Department of Corrections -- Miscellaneous Provisions (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act amends Section 669.2, regarding tort claims against state employees, to add nurses, physician assistants, and other medical providers to the definition of state employees when they render services to inmates of state institutions, and also adds the Department of Veterans Affairs to the list of covered state institutions. The Act also makes other changes relating to the Department of Corrections.

SENATE FILE 2323 - Pharmacy Technician and Pharmacist-Intern Registration (Complete summary under HUMAN SERVICES.)

This Act provides for the designation of individuals, who are employed by and assist with the technical functions of a pharmacy practice, as pharmacy technicians.

SENATE FILE 2336 - Agricultural Development Authority Executive Director (Complete summary under AGRICULTURE.)

This Act transfers the authority to appoint and remove the Executive Director of the Agricultural Development Authority from the Secretary of Agriculture to a special committee consisting of the Secretary of Agriculture and the Chairperson and Vice Chairperson of the Agricultural Development Board or their designees.

SENATE FILE 2408 - Financial Institution Eligibility for State Public Funds (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act amends provisions relating to the deposit of public funds by striking references to the annual community reinvestment report filed pursuant to federal law, as that statement is no longer required; adding the Superintendent of Credit Unions to the committee that develops the list of financial institutions eligible to accept state public funds deposits; and revising certain factors to be considered by the committee when reviewing challenges to a financial institution's continued eligibility to receive state public funds.

SENATE FILE 2409 - Workforce Development (Complete summary under LABOR & EMPLOYMENT.)

This Act creates the Department of Workforce Development. This new department replaces the current Department of Employment Services. In addition, the Act transfers certain responsibilities from the Department of Economic Development to the new Department of Workforce Development.

SENATE FILE 2448 - Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to a number of state departments, and transfers administration of the Gambling Treatment Program from the Department of Human Services to the Iowa Department of Public Health.

SENATE FILE 2470 - Miscellaneous Appropriations and Related Matters -- Economic Development Appropriations (Complete summary under APPROPRIATIONS.)

This Act relates to public levy, expenditure and regulatory matters by making standing, economic development and other appropriations, and includes provisions involving state retirement systems benefit development and funding of studies, and creates local innovation zones under the oversight of the Council on Human Investment.

HOUSE FILE 111 - Homeowners' Association Swimming Pools (Complete summary under HEALTH & SAFETY.)

This Act exempts certain homeowners' associations from the swimming pool regulation chapter of the Code if certain other conditions are met, including that the swimming pool or spa operated by the homeowners' association is inspected by an entity other than the Iowa Department of Public Health or a local board of health.

HOUSE FILE 514 - Special Registration Plates and Related Matters (Complete summary under TRANSPORTATION.)

This Act creates Iowa heritage motor vehicle registration plates and provides that 25 percent of the moneys collected from sale of the plates is allocated to the Department of Education to promote the teaching of history and the remaining 75 percent of the moneys is allocated to the Iowa Heritage Fund to be used by the State Historical Society to maintain and expand Iowa's history curriculum, to provide teacher training in Iowa history, to support museum exhibits, historic sites, and adult education programs, and to be used for start-up costs for the 175th and 200th anniversaries of Iowa's statehood.

HOUSE FILE 523 - Telecommunicator Training Standards (Complete summary under HEALTH & SAFETY.)

This Act requires the Director of the Iowa Law Enforcement Academy to adopt rules establishing minimum standards for the training of telecommunicators.

HOUSE FILE 2114 - Miscellaneous Supplemental Appropriations (Complete summary under APPROPRIATIONS.)

This Act includes an FY 1996 supplemental appropriation to the Department of General Services for utility costs from the State General Fund and to the Department of Personnel from the Iowa Public Employees' Retirement System Fund for operational costs of the public retirement system.

HOUSE FILE 2225 - Motorcycle Rider Education (Complete summary under TRANSPORTATION.)

This Act transfers the responsibility for approving and establishing the motorcycle rider education class and the motorized bicycle education class from the Department of Education to the State Department of Transportation.
The Act takes effect March 29, 1996.

HOUSE FILE 2256 - Implementation of New or Revised Federal Block Grants (Complete summary under LOCAL GOVERNMENT.)

This Act provides requirements for state agencies involving implementation of new or revised federal block grant provisions affecting local governments.

HOUSE FILE 2308 - Asbestos Removal and Encapsulation (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act rewrites and reorders much of Chapter 88B, the Asbestos Removal and Encapsulation chapter of the Iowa Code. The Act strikes from the Code provisions directing the Department of Education to establish training requirements and qualifications and approve training programs; provisions authorizing the Division of Labor Services to inspect, review, and approve training programs; a provision allowing the Department of Education to reprimand a training institution or suspend or revoke its authorization; and a provision requiring permittees to make the record of each asbestos project it performs available to the Department of Education.

HOUSE FILE 2370 - Limited Liability Companies and Corporations -- Miscellaneous Provisions (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act makes changes to statutory provisions applicable to limited liability companies and corporations, including certain reporting and filing requirements and procedures for corporations.

HOUSE FILE 2390 - Branding of Livestock (Complete summary under AGRICULTURE.)

This Act repeals a provision that requires the Department of Agriculture and Land Stewardship to eliminate conflicting brands recorded with the department and provides that the department shall renew conflicting brands originally recorded prior to July 1, 1996.

HOUSE FILE 2400 - Anatomical Gifts -- Authority of Medical Examiner (Complete summary under HEALTH & SAFETY.)

This Act authorizes the medical examiner to release and permit the removal of a part from a body in the custody of the medical examiner for the purposes of the making of an anatomical gift if the decedent cannot be identified or if the next of kin of the decedent cannot be located and if several other conditions are met. The Act also provides for the release of information to an organ procurement organization or bank or storage organization as a part of a retrospective review of a patient as a potential donor.

HOUSE FILE 2416 - Appropriations -- Administration and Regulation (Complete summary under APPROPRIATIONS.)

This Act relates to and appropriates $84.1 million to various state departments, agencies, funds, and certain other interstate and national entities for the 1996-1997 fiscal year.

HOUSE FILE 2429 - Indigent Defense -- Duties of Public Defenders (Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE.)

This Act deals with indigent defendants and public defenders and restores most of the language in the Code that was adopted in 1991 concerning indigent defendants and public defenders but subsequently repealed in 1995 pursuant to the 1991 Act.

HOUSE FILE 2462 - Public Access to Transportation Records (Complete summary under TRANSPORTATION.)

This Act requires that all records of the State Department of Transportation be open to the public, other than those records made confidential or not permitted to be open under federal law.

HOUSE FILE 2486 - Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys to various state agencies for the federal fiscal year beginning October 1, 1996, and ending September 30, 1997, from the following federal block grants: Substance Abuse Prevention and Treatment, Community Mental Health Services, Maternal and Child Health Services, Preventive Health and Health Services, Drug Control and System Improvement, Stop Violence Against Women, Community Services, Community Development, Low-Income Home Energy Assistance, and Social Services.

HOUSE FILE 2488 - Special Census Certification (Complete summary under LOCAL GOVERNMENT.)

This Act extends the deadline for filing special census results with the Secretary of State if the results were not available for filing due to a federal government shutdown.

HOUSE FILE 2497 - Compensation for Public Employees (Complete summary under APPROPRIATIONS.)

This Act relates to and appropriates moneys to fund salary adjustments for state-appointed nonelected officers, justices, judges, magistrates, employees subject to collective bargaining agreements, and noncontract employees.

Iowa General Assembly

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