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[Dome]Interim Calendar and Briefing

May 27, 1997

Contents:
Calendar of Scheduled Meetings
Agenda Information Regarding Scheduled Meetings
BRIEFINGS - Information Regarding Recent Meetings

Calendar of Scheduled Meetings

Wednesday, June 4, 1997
Fiscal Committee of the Legislative Council
10:00 a.m., Speaker's Conference Room
Tuesday, June 10, 1997
Administrative Rules Review Committee
10:00 a.m., Room 1
Wednesday, June 11, 1997
Administrative Rules Review Committee
9:00 a.m., Room 1
June 1997
Legislative Council - TENTATIVE
Date to be Announced

Agenda Information Regarding Scheduled Meetings

Fiscal Committee of the Legislative Council

Co-chairperson: Senator Derryl McLaren
Co-chairperson: Representative David Millage

Administrative Rules Review Committee

Chairperson: Senator H. Kay Hedge
Vice Chairperson: Representative Christopher Rants

Legislative Council

Chairperson: Senator Stewart Iverson, Jr.
Vice Chairperson: Speaker Ron Corbett

BRIEFINGS - Information Regarding Recent Meetings

Administrative Rules Review Committee

May 13, 1997

Committee Business. The committee appointed Senator H. Kay Hedge as the new chair with Representative Christopher Rants appointed vice-chair. The appointments will last for two years, dependent on the political make up of the Legislature. At the conclusion of the term, the chair would rotate to the other chamber. In other committee business, the members gave initial consideration to a proposed change in the committee's own rules of procedure. Under this change the committee would more carefully track the General Assembly's handling of the Committee's general referrals and session delays.
Education Board of Examiners
Licensing discipline actions, 282 IAC Chapter 12, 4-23-97 IAB pg. 1753.
Based on abuse rules established by the Department of Education, the Education Board of Examiners establishes the child abuse standards that will be applied in licensee discipline cases. In response to committee questions, board staff members commented that license revocation or suspension is never automatic, and that the abuse standards are applied based on the facts of each individual case. Concerning substance or alcohol abuse, some committee members suggested that the board should differentiate between the abuse of a lawful substance such as alcohol or a lawfully obtained prescription drug, and the abuse of an unlawful substance.
Environmental Protection Commission
Open burning by municipalities, 567 IAC rule 23.2. Special Review.
In response to a request by smaller municipalities, the committee reviewed state restrictions on local burning of yard waste. With the statutory prohibition against the landfilling of yard waste, the only option for many smaller communities is either municipal burning or individual homeowner burning. The rules require that the site is fenced and access controlled; that burning is conducted on a regularly scheduled basis; that burning is supervised at all times; that weather be favorable; and that the burning site is not less than one-fourth mile from an inhabited structure, unless a waiver has been obtained. Local officials contended that small communities could effectively meet none of these restrictions. Committee members echoed this sentiment, with some members stating that illegal burning is a commonplace event. It was the consensus of opinion that the division should work with smaller communities to develop new regulations which recognize the fiscal limits of smaller communities. No action was taken, but future review is likely.
Iowa Department of Public Health
Certification of lead professionals 641 IAC Chapter 70, 4-9-97 IAB, pg. 1660.
The committee reviewed a proposal by the Iowa Department of Public Health for the voluntary certification of lead professionals. Department representatives noted that virtually all houses built before 1976 contain lead; they stated the intent of the program is to find low-cost solutions to lead problems. This revision of an existing program is in response to 1996 Iowa Acts, Chapter 1161, which expands the scope of the lead abatement program. This certification is voluntary, a homeowner is not required to use the services of a certified professional, nor is anyone required to be certified to do this type of work. Committee members expressed concern this voluntary program would ultimately become another mandatory certification program; department representatives responded that mandatory certification could only occur in the unlikely event the federal government requires the certification.
State Public Defender
Defender contracts, 492 IAC 10.6, 4-9-97 IAB, pg. 1668.
The State Public Defender has withdrawn and renoticed provisions relating to indigent defense contracts. Representatives of the office noted that with 1997 Iowa Acts, HF 662, defense rates would be raised to a maximum of $60 per hour for indigent defense for class "A" and "B" felonies, and $55 per hour for other offenses (as of 5/27/97, the Governor had not acted upon this bill).
Iowa Telecommunications and Technology Commission
Organization and operation of the Iowa Communications Network (ICN), 571 IAC Ch. 7 to 15, 17, 4-9-97 IAB, pg. 1698.
The commission presented the final version of its rules of organization and operation for the ICN. Commission representatives noted that much of the rule language implements provisions of 1997 Iowa Acts, Senate File 519, with the major difference being the Act would have precluded dial-up Internet access. For that reason, the legislation was vetoed by the Governor. Committee discussion centered around chapter 7 of the filing, relating to authorized uses and users. Several members contended the chapter had been so significantly changed from the initial notice of intended action that it should be withdrawn and renoticed. Commission representatives stated this could be done, but noted that all of the changes were a result of the public comment received during the rulemaking. Other members noted the word "Internet" appears repeatedly in chapter 7, but not at all in the legislation. Rule 7.12 was particularly controversial, with members questioning whether this language could be used to further expand Internet access. Commission representatives responded there is a moratorium on any additional Internet access and that the commission is exploring ways to use private providers to expand local Internet access. Committee members remained unconvinced, demanding that chapter 7 be re-noticed and further opportunities for public comment be provided. The committee imposed a seventy day delay on chapter 7, allowing the balance of the rules to go into effect. Further review is contemplated for July.

SERVICE COMMITTEE OF THE LEGISLATIVE COUNCIL

May 21, 1997
1st Meeting of the 1997-1998 Biennium

The Service Committee elected Representative Brent Siegrist as Chairperson and agreed to the following report which includes recommendations later approved by the Legislative Council:

Internet Home Pages. The Committee received reports from the Computer User Policy Direction Committee which included recommendations concerning the operation of the Iowa General Assembly's Internet home page. Recommendations approved include inclusion of several Internet links to other home pages from the Iowa General Assembly's Internet home page and resolution of issues concerning links to home pages for members of the General Assembly and establishment of home pages for the four legislative caucuses on a six-month trial basis.

Personnel Guidelines. The Service Committee reviewed proposed changes to the personnel guidelines of the central legislative staff agencies and agreed to refer further consideration of the changes to a subcommittee consisting of the whole Committee.

STUDIES COMMITTEE OF THE LEGISLATIVE COUNCIL

May 21, 1997
1st Meeting of the 1997-1998 Biennium

Interim Committee Guidelines. The Studies Committee elected Representative Gipp as Chairperson and Senator Iverson as Vice Chairperson. It recommended interim committee guidelines which were later approved by the Legislative Council. The Studies Committee anticipates making interim study committee recommendations at the next meeting.

LEGISLATIVE COUNCIL

May 21, 1997
1st Meeting of the 1997-1998 Biennium

Organizational Matters. The Legislative Council elected Senate Majority Leader Stewart Iverson as Chairperson and House Speaker Ron Corbett as Vice Chairperson, adopted its rules of procedures, and approved memberships to its committees.
In addition to consideration of the reports and recommendations from the Service Committee and the Studies Committee, which are noted in the briefings of those committees, the Legislative Council business included the following:

Supreme Court Rules. The Legislative Council received and filed two sets of rules changes received since last meeting of the Council on November 20, l996. The Legislative Council requested that the Legislative Service Bureau distribute a copy of proposed rule amendments submitted by the Supreme Court to the Council members upon receipt. The Council also received and filed a report relating to a joint project between the Legislative Service Bureau and the Iowa Supreme Court involving the renumbering and reformatting of the Iowa Court Rules.

Reports of the Service Committee and Studies Committee. The Legislative Council approved the recommendations of the Service Committee and Studies Committee. These committee meetings are summarized elsewhere in this Activities Information.

Capitol Space and Renovation. The Legislative Council approved a resolution offered by Senator John Jensen, Chair and Representative Chuck Gipp, Vice Chair, of the Capital Projects Committee. The resolution states the intention of the Capital Projects Committee to be directly involved in planning the renovation of the legislative areas of the Capitol and appoints a Capital Projects Work Group consisting of the Chairperson and Vice Chairperson of the Capital Projects Committee and a designee of the Minority Leader of the Senate and a designee of the Minority Leader of the House to monitor current progress on interior and exterior renovation of the Capitol and the Old Historical Building. The Director of the Department of General Service is to maintain contact with the Capital Projects Work Group and consult on new contractual commitments before entering into the contracts or encumbering funds. If necessary, the Work Group may negotiate the retention of a consultant to assist in the planning for Capitol space usage, with final approval of any such consultant contract by the Chairperson and Vice Chairperson of the Legislative Council.
The Chair and Vice Chair of the Capital Projects Committee also recommended the immediate expenditure of $150,000 pursuant to Code section 2.12 for a study to assess the use of areas of the State Capitol by the legislative branch including planning for the relocation of the Judicial Department's offices out of the State Capitol. These funds will be reimbursed by the Judicial Department if funds become available to the Judicial Department for all or part of this study. Also, if the costs of the study to assess the use of areas of the State Capitol by the legislative branch exceed the funding available to the General Assembly or the Judicial Department, an additional $100,000 may be expended to complete the assessment upon final approval of the Chairperson and Vice Chairperson of the Legislative Council, in consultation with the Minority Leaders of the Senate and the House of Representatives.

Gourmet Coffee Bar. Mr. Joe Van Lent, Chair of the Elected Committee of Blind Vendors, asked if blind vendors would have an opportunity to operate the gourmet coffee bar concession on the second floor of the State Capitol during the 1998 legislative session. Senator Kramer replied that the State Capitol Cafeteria vendor, the Director of the Department for the Blind, and other interested persons have agreed to assess the cost effectiveness of one or more blind vendors purchasing equipment to operate such a concession.

Next Meeting. The next meeting will be held in June, but a specific date has not yet been determined.

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