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[Dome]Interim Calendar and Briefing

1996 INTERIM FINAL EDITION
January 13, 1997

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

Calendar of Scheduled Meetings

Monday, January 13, 1997
77TH IOWA GENERAL ASSEMBLY CONVENES
Monday & Tuesday, February 10-11, 1997
ADMINISTRATIVE RULES REVIEW COMMITTEE
Monday & Tuesday, February 10-11, 1997
Exact Time and Location to be Announced
Monday & Tuesday, March 10-11, 1997
ADMINISTRATIVE RULES REVIEW COMMITTEE
Monday & Tuesday, February 10-11, 1997
Exact Time and Location to be Announced
Monday & Tuesday, April 14-15, 1997
ADMINISTRATIVE RULES REVIEW COMMITTEE
Monday & Tuesday, February 10-11, 1997
Exact Time and Location to be Announced

NOTE: The Hedge to Arrive Contracts Study Committee and the Local Corrections Infrastructure & Crime Prevention Review Study Committee have expressed a desire to hold a final meeting early in the legislative session. For information on the status of these committees, please call the prerecorded interim schedule at 515/281-5869.

Agenda Information Regarding Scheduled Meetings

Administrative Rules Review Committee

BRIEFINGS - Information Regarding Recent Meetings

JUDICIAL COMPENSATION COMMISSION

December 30, 1996; First and Final Meeting

Overview.
The Judicial Compensation Commission was established in 1987 pursuant to section 602.1514 of the Code and has the duty to review the compensation and related benefits paid to statutory judicial officers; to review the compensation and related benefits paid to comparable positions in other states, the federal government, and private enterprise; and to make recommendations regarding judicial compensation and related benefits to the Governor and the General Assembly based on the review of those benefits and other factors. The recommendations are to be submitted not later than February 1 of each odd-numbered year. Ms. Linda Life was elected Chairperson and Mr. Michael Lane was elected Vice-Chairperson.
Compensation of Magistrates.
The Honorable William J. Thatcher, Magistrate, and the Honorable James B. Mefferd, Magistrate, representing the Iowa Association of Magistrate Judges, described how the jurisdiction and case loads of magistrates have been increased through the additions of civil commitment hearing and domestic abuse hearing responsibilities, and the changes in the thresholds which prescribe which cases are heard at the magistrate level. They indicated that the Iowa Association of Magistrate Judges recommendations include increasing the salary for law-trained Magistrates to $29,000, and increasing the salary for non-law-trained Magistrates to $25,000.
Compensation of Judges/Pensions.
The Honorable James E. Kelley and the Honorable Larry Eisenhauer, representing the Iowa Judges' Association, presented the Association's recommendations for salary increases and the Association's position regarding pension benefits. Judge Kelley discussed Iowa's recent efforts to keep judicial salaries and benefits competitive, described the stresses that increased case loads, the new domestic abuse law, and decreased resources have created for Iowa's judges. He indicated that the Association's recommendations for salary increases for Iowa's Justices and Judges is that the salaries for those positions be increased by at least the same percentage as is used to calculate increases to the salaries other employees of the state. Judge Eisenhauer indicated that the Association has no recommendations for changes to the Senior Judge Program, but is recommending that the current level of state contributions to the Judicial Retirement System be continued so that the fund may become actuarially sound; that a study of the current retirement system be conducted and that the State consider raising the cap on the pension level to 60 percent of salary by June 1998; and that associate juvenile and associate probate judges be added as members of the judicial retirement system.
Bar Association.
Roger Stetson, President of Iowa State Bar Association, discussed the burgeoning case load faced by Iowa's judges and stressed the importance of the role that adequate compensation plays in attracting and retaining the best lawyers for the bench. He noted that the compensation of Iowa's supreme court justices and district court judges lags behind the salaries earned by the top one-fourth of attorneys in private practice and expressed the Bar Association's support for the positions of both the Iowa Judges Association and the Iowa Association of Magistrate Judges.
Trial Lawyers.
Dennis Chalupa, representing the Iowa Trial Lawyers Association, described the importance of the role played by Iowa's judges in society, enumerated various hardships that judges must face, highlighted the importance of allowing judges the time to make informed decisions and to explain those decisions to the public, and concluded by noting that unless compensation of judges is adequate, the level of competency of the candidates for available judicial positions will erode and further detract from the respect currently accorded members of the judiciary.
Recommendations.
After review and discussion of the information received from background materials invited testimony, the Commission approved the following recommendations:
That law trained Magistrates salaries be increased to $29,000 and non-law trained Magistrates salaries be increased to $25,000.
That the salaries of Judges and Justices be increased by at least the same percentage rate as that obtained by other state employees.
That pension plan contributions by the state be continued so that the fund becomes actuarially sound.
That the General Assembly study and consider raising the pension level for Justices and Judges to 60 percent of salary by June 1, 1998.
That Associate Juvenile and Associate Probate Judges be made members of the judicial retirement system.

IOWA ADMINISTRATIVE PROCEDURES STUDY COMMITTEE

January 8, 1997; Second and Final Meeting

Background.
The Iowa Administrative Procedures Interim Committee met twice, on November 22, 1996, and January 8, 1997, during the interim. The committee was charged by the Legislative Council to consider the Iowa State Bar Association's proposal for a new Iowa Administrative Procedure Act, reflected in Senate File 2404, introduced during the 1996 session, and recommendations of state agencies and other interested parties and to attempt to balance the rights of executive branch agencies and citizens in the operation of administrative law. Senator Tom Vilsack and Representative Janet Metcalf were elected co-chairpersons of the committee.
Compromise Proposal.
The Iowa State Bar Association representatives and the Attorney General of Iowa presented to the interim committee a compromise proposal for making revisions to the current Iowa administrative procedure act. The compromise includes provisions dealing with the regulatory analysis of proposed rules, requests for review of rules, declaratory orders by agencies, administrative law judges, including establishment of an office of administrative hearings, default orders, ex parte communications and separation of functions, emergency adjudicative proceedings, and judicial review.
Public Access.
An attorney with the Sierra Club addressed the committee and indicated that the administrative procedure act should be changed to provide easier access to members of the general public in bringing a contested case proceeding.
Committee Recommendations.
The interim committee recommended that the joint Bar Association and Attorney General proposal to revise the administrative procedure act be drafted as a study bill from the interim committee and to be presented and considered by the appropriate legislative standing committees. The interim committee indicated that the committees considering this proposal should carefully examine issues concerning the independence of administrative law judges and the ability of the public to participate in contested case proceedings.

ADMINISTRATIVE RULES REVIEW COMMITTEE

January 6-7, 1997

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT
Meat and poultry inspection, ARC 6908A, NOTICE.
Overview. Iowa code section 189A.3 provides that Iowa will maintain a meat and poultry inspection program that is "at least" equal to that imposed under federal law. Based on this requirement, the department now proposes to adopt recently enacted federal standards. The federal Food Safety and Inspection Service (FSIS) is establishing new, nationwide requirements applicable to meat and poultry establishments; the federal agency contends these new rules will reduce the occurrence and numbers of pathogenic microorganisms on meat and poultry products, reduce the incidence of foodborne illness associated with the consumption of those products, and provide a new framework for modernization of the current system of meat and poultry inspection. In support of this new level of regulation, the federal government cites data suggesting that foodborne pathogens account for up to 7 million cases of foodborne illness each year, and up to 7,000 deaths.
Iowa Impact. These federal provisions will have a cost impact on Iowa facilities, both large and small. Facilities must develop and implement a series of sanitation and preventative controls to reduce contamination. This will include periodic testing and analysis of each type of carcass processed by the facility. The new regulations include the following: require that each establishment develop and implement written sanitation standard operating procedures (Sanitation SOP's); require regular microbial testing by slaughter establishments to verify the adequacy of the establishments' process controls for the prevention and removal of fecal contamination and associated bacteria; establish pathogen reduction performance standards for Salmonella that slaughter establishments and establishments producing raw ground products must meet; and require that all meat and poultry establishments develop and implement a system of preventive controls designed to improve the safety of their products.
Committee Action. The committee took no position on this proposal, but additional review will occur when theses procedure are adopted in final form.
DEPARTMENT OF EDUCATION
School vs. private athletic competitions, ARC 6920A, NOTICE.
Overview. This proposal revises an existing provision currently prohibiting a student from playing on a school term and a non-school team in the same sport during the same season. The current provision contains an exemption for non-school baseball, softball, and swimming teams, with the approval of the local administrator; another exemption is available for students enrolled in the Iowa games or trying out for the Olympics. Under the proposal, no exemptions would remain, and all student athletes would be forced to choose between school and private athletic program.
Discussion. The department representatives noted this proposal came at the request of the boys and girls athletic associations. Representatives of those associations stated the request had originated from local administrators. It was contended that availability of multiple sporting activities poses a threat to the academic responsibilities of the student; and that the best solution is to require the student to choose one athletic program or the other. Opponents representing a number of sports were present to oppose this filing. Arguments against the proposal ranged from contentions that the department had no authority to regulate the otherwise lawful activities of students to comments that extracurricular sports often provide students with better opportunities for college scholarships or national competition.
Committee Action. Committee reaction was generally in opposition to the proposal, but no action was taken at that time. Further review is likely if the proposal is adopted in final form.
INSURANCE DIVISION
Maternity benefits and care, ARC 6991A, adopted.
This filing in part provides that the decision to discharge a mother or newborn from the hospital is to be made by the attending physician in consultation with the mother, and specifies a hospital stay of forty-eight hours for a normal delivery to a minimum ninety-six hours for a cesarean birth, excluding the day of delivery. The physician and the mother can agree to a lesser amount of time. The issue presented to the committee was whether the phrase "attending physician" as set out in House File 2369 excluded the use of a nurse midwife in reaching this decision, which is a nursing specialty recognized by the Board of Nursing Examiners. The statutory language was plain on its face and committee members concluded the rules could not appropriately include midwives. The committee did vote to refer this issue to the General Assembly to determine whether it would be appropriate to include midwives.
PUBLIC HEALTH DEPARTMENT
Parental notification concerning an abortion, ARC 6869A, EMERGENCY AFTER NOTICE.
641 IAC Chapter 89. To comply with the January 1, 1997, effective date, the department emergency adopts provisions relating to the requirements of parental notification before a minor may obtain an abortion. In November, the initial filing was referred to the General Assembly for review. Now the committee again reviewed this filing in light of a recent federal court decision placing a temporary injunction on the implementation of the statute. Committee members were concerned that the rules are published and appear to be in effect even though the statute itself was enjoined. In response the department noted that the injunction was merely temporary and a further court hearing is scheduled in January.
Committee Action. The committee members decided any action was premature, but left open the possibility of additional review at the committee's February meeting. The committee did vote to refer this filing to the General Assembly, noting the recent judicial action.
DEPARTMENT OF HUMAN SERVICES
Payment for MI, MR & DD programs, ARC 6893A, ADOPTED.
The department completely revamps its certification process for providers of services to persons with mental illness, mental retardation, or developmental disabilities. The process will no longer certify particular sites or facilities; instead, the program itself will be certified to provide particular services. Under the new system, providers will be evaluated using an outcome-based performance review. The effectiveness of provider services will be assessed using "benchmarks"; these are the best practices or core competencies that assure successful outcomes. The actual level of this success is measured by "indicators", which are ascertainable conditions that will exist when the services are properly provided.
The filing also sets out eight specific services, establishing individual benchmarks for each service. Accreditation is based on an evaluation of these two sets of standards. The evaluation for each standard will be expressed as a percentage, with the maximum score being 100 percent. The final rating is an average of the various standard scores.
Committee Action. The committee expressed general support for this change.
REVENUE DEPARTMENT
Taxation on leased motor vehicles, 6974A, ADOPTED.
1996 Iowa Acts, Chapter 1125 provides that the use tax imposed on the used of a lease vehicle will be calculated on the value of that lease. At issue is the treatment of taxes imposed on the vehicle. The department takes the position that the initial tax on the vehicle, paid by the lessor, is merely part of the lease price if passed along to the lessee, and as such is subject to use tax. Opponents contend this is a tax on a tax, and should not be used as part of the lease price, as long as that amount is separately stated in the agreement.
Committee Action. The committee referred this issue back to the legislature for additional review.

Summary of Committee Activities

Compensation of Justices, Judges, and Magistrates Interim Study Committee

Final Briefing - One Meeting Held
Co-chairpersons: Senator Eugene Fraise and Representative Jeff Lamberti

Overview.
The Compensation of Justices, Judges, and Magistrates Interim Study Committee was established by the Legislative Council to review the compensation of justices, judges, and magistrates of the Judicial Department with a focus upon the ability to recruit and retain qualified candidates.
Compensation of Magistrates.
Mr. James Mefferd and Mr. William Thatcher, from the Iowa Magistrates Association, described how the jurisdiction and case loads of magistrates have been increased despite the static compensation levels and noted the proportional discrepancies between magistrates' pay and the salary amounts for other judicial officers.
Compensation of Justices and Judges.
Judge James Kelley, from the Iowa Judges' Association, discussed Iowa's recent efforts to keep judicial salaries and benefits competitive, but noted that when the local fringe benefits and supplements are accounted for, many of Iowa's neighboring states provide better compensation packages. Judge Kelley also described the stresses that increased case loads, the new domestic abuse law, and decreased resources have created for Iowa's judges. Judge Phillip Collett related his experiences with his local judicial nominating commission.
Trial Lawyers' Association.
Dennis Chalupa, of the Iowa Trial Lawyers' Association, described the importance of the role played by Iowa's judges in society. He enumerated various hardships that judges must face, including long hours and extensive travel time, while performing their duties.
Private Sector Testimony.
Ronald Pearson, CEO of Hy-Vee Incorporated, described the process used by Hy-Vee to arrive at its salary and benefits packages and noted that judicial salaries are approximately one-half of the amount that is afforded to executives with comparable decision-making authority in the private sector. He also stressed the significance of compensation in attracting the best and brightest individuals to positions of importance and the impact compensation has on the quality of work that is produced.
Bar Association.
Roger Stetson compared the results of the Iowa Bar Association's recent economic survey of Bar members with the compensation levels afforded Iowa's judges and stressed the importance of the role that adequate compensation plays in attracting and retaining the best lawyers for the bench.
Committee Recommendations.
At the conclusion of the testimony, the Committee made the following conclusions and recommendations:

DHS RESTRUCTURING TASK FORCE

Final Briefing - Two Meetings Held
Co-chairpersons: Senator Johnie Hammond and Representative Hubert Houser

Background. The Task Force was created pursuant to a directive in the fiscal year 1996-1997 appropriations bill for the Department of Human Services, enacted in the 1996 Legislative Session. The Legislation suggests the Task Force may extend beyond the 1996 interim. Members of the Task Force include chairs, vice-chairs, and ranking members of the House and Senate standing committees on Human Resources and the Joint Appropriations Subcommittee on Human Services, and two citizen members of the Council on Human Services. (The Council is a citizen council providing direction to the Department of Human Services.)
The DHS Restructuring Task Force was authorized two meeting days. The meetings were held on October 21 and November 25, 1996.
Recommendation. Although there were insufficient members present from one of the chambers to adopt a recommendation in accordance with the Task Force rules, a majority of the Task Force members concurred in the following proposal by unanimous consent:

HEDGE TO ARRIVE CONTRACTS STUDY COMMITTEE

Progress Report - Two of Three Meetings Held
Co-chairpersons: Senator John Kibbie and Representative Russell Teig

Overview.
The Hedge to Arrive Contracts Study Committee held its first meeting at Iowa Central Community College in Fort Dodge, Iowa. The second meeting was held at the Iowa State University Memorial Union in Ames, Iowa. Both meetings involved testimony from persons involved with the grain industry.
Regulatory Issues.
Ms. Donna Gwinn, Bureau Chief, Grain Warehouse Bureau, Department of Agriculture and Land Stewardship, discussed regulatory issues involved in hedge-to-arrive (HTA) contracts. She noted that the department does not regulate HTA contracts, and that the Iowa Grain Depositors and Sellers Indemnity Fund does not cover claims involving credit sale contracts. In related testimony, Mr. Dan Gardiner, an accountant with Gardiner & Company, discussed accounting methods used with HTA contracts.
Federal Agency.
Mr. Paul Architzel, Chief Counsel of the Division of Economic Analysis of the Commodity Futures Trading Commission (CTFC), discussed regulation by the agency and enforcement proceedings brought against a number of persons. He presented background information regarding the CTFC, the federal Commodity Exchange Act, HTA contracts, and problems associated with their use. He stated that a determination whether a contract falls within the scope of the agency's jurisdiction depends upon the specific facts involved in the transaction. Mr. Architzel discussed a number of guidelines that the CTFC considers when determining whether an HTA contract adheres to principles of prudent risk reduction, including requirements related to ensuring timely delivery of crops based on a producer's annual production capacity.
Financial Aspects.
Dr. Neil Harl, Professor of Economics, Iowa State University, discussed implications related to HTA contracts. He discussed characteristics of HTA contracts and financial problems that have been associated with their use. Dr. Harl was critical of the manner in which contracts were drafted and suggested that the Committee review regulations to ensure that there is a proper degree of oversight regarding the terms of those contracts. He also discussed tax consequences associated with the use of the HTA contracts, noting that hedges produce ordinary gains and ordinary losses and are not typically subject to the loss deferral rules applicable to speculative transactions.
Office of Attorney General.
Mr. Stephen Moline, Mr. Stephen E. Reno, and Mr. Eric Tabor representing the Attorney General's Office, discussed legal aspects of the HTA contracts. Items of discussion included a summary of laws of other states and particularly Indiana which recently enacted measures to regulate HTA contracts. The Indiana law imposes registration requirements upon persons engaged in the business of advising producers on grain marketing. It also requires that a notice be provided in each contract other than a flat price contract, stating that risks may be involved in the transaction. Mr. Tabor stated the primary legal issue is whether HTA contracts are illegal and unenforceable under the federal Commodity Exchange Act. There was also discussion regarding CTFC regulation and enforcement proceedings brought against a number of persons involved in those transactions outside Iowa.
Private Producers.
Ms. Karen Davids, Mr. Paul Harrington, and Ms. Janice Hoover discussed HTA contracts in which they were parties. They expressed concern regarding the provisions of HTA contracts under which they incurred substantial liability. They were critical of elevator operators who offered them contracts. Ms. Davids encouraged the Committee to consider recent legislation enacted in Indiana which regulates the contracts. Mr. Scott Buchanan, an attorney representing producers, offered perspective from producers involved in litigation. The Committee also received testimony from Mr. Rueben Skow who stated that elevator managers were trying to be responsive to membership interest when offering HTA contracts, and expressed the belief that there is no legislative solution to the problem.
Commodities Brokers.
Mr. Harold Richard, President and CEO of Farmers Commodities Corporation and Mr. C. Richard Stark, President of Iowa Commodities Ltd., represented points of view from two commodities brokerage firms. Mr. Richard stated that the lack of education among producers and elevator managers was a problem, and that the industry is attempting to alleviate problems associated with HTA contracts. He stated that legislation is not necessary and that the problem is limited. Mr. Stark stated that prompt action by the Commodity Futures Trading Commission might have prevented problems associated with the use of HTA contracts. Mr. Stark suggested that the use of multiple year HTA contract should be more closely scruntinized.
Grain Elevators - General Perspectives.
Several elevator managers presented testimony. Mr. Ron Amundson, General Manager of the Central Iowa Cooperative, stated that there is no legislative solution to the problem and stressed the need for flexibility. Mr. John Peterson, Manager of Farmers Cooperative Company, represented the Iowa Institute of Cooperatives. He stressed the need for education, and expressed concern for a suggestion that a model HTA contract be developed. Mr. David Reiff, President of Reiff Grain and Feed Inc., represented the Agribusiness Association of Iowa. Mr. Reiff discussed competition among elevators and the demand by some producers for HTA contracts. Mr. Reiff expressed confidence in the use of HTA contracts and stated that the Commodity Futures Trading Commission is the proper agency to regulate these instruments.
Grain Elevators in Litigation.
The Committee heard from a number of persons representing elevators involved in litigation regarding HTA contracts, including Mr. David Milbrandt, President of the Farmers Cooperative Elevator in Buffalo Center, Mr. Joseph Goche, a board member of the Farmers Cooperative Elevator in Buffalo Center, Mr. Ray Smith, a member of the Farmers Cooperative Elevator in Buffalo Center, and Mr. Daniel Beenken, General Manager of the Farmers Cooperative Society at Wesley. The presenters stated that in previous years producers received profits under HTA contracts because elevators honored their obligations, producers were aware of the terms and conditions of the contracts, and producers should be expected now to comply with their contractual obligations.
Committee Discussion.
The Committee decided to further consider the issues, and meet again early in the legislative session.

INTERPRETIVE SERVICES STUDY COMMITTEE

Final Briefing - One Meeting Held
Co-chairpersons: Senator Elaine Szymoniak and Representative Joseph Kremer

Background.
The Interpretive Services Interim Study Committee was created by the Legislative Council, authorized for one meeting date during the 1996 interim, and provided a charge of evaluating the access to and quality of interpretive services provided for persons who are deaf or hard-of-hearing, and of reviewing related research conducted by the Deaf Services Commission of Iowa.
Testimony.
The Committee received presentations regarding an historical overview of the evolution of interpretive services, a summary of access and quality issues, and the impact of federal legislation on the demand for interpretive services. Additional presentations concerned interpretive services and training requirements in the primary and secondary education settings and a survey or interpretation services in other states.
Discussion.
Committee discussion centered on reconciling the need for some form of certification with the impact of imposing certification requirements upon interpreter availability. It was determined that there is a need to assess what interpretive service resources currently exist and the range of alternative certification methods, and that while some minimum interpretive service standard appears necessary, it is unclear what that standard should be and whether it can or should fit every situation. There was consensus that at this time it is premature to establish rigid, statewide certification requirements.
Recommendation.
That the Deaf Services Commission work with other agencies and the Legislative Service Bureau to develop a bill to be sponsored by the Interpretive Services Study Committee and included in the Committee's Final Report. The bill shall establish a statewide Task Force comprised of the Deaf Services Commission, the Department of Education, the Department of Vocational Rehabilitation, and other interested agencies, organizations, and individuals to develop a diagnostic feedback mechanism to assess current interpreter skill levels. The bill shall include an appropriation to cover the expense of Task Force formation, and diagnostic feedback mechanism development and implementation. The mechanism developed shall be made available at no cost to interpreters undergoing assessment. The Task Force shall submit a progress report containing a recommendation for future action to the General Assembly within one year after formation.

IOWA ADMINISTRATIVE PROCEDURES STUDY COMMITTEE

Final Briefing - Two Meetings Held
Co-chairpersons: Senator Tom Vilsack and Representative Janet Metcalf

Background.
The Iowa Administrative Procedures Interim Committee met twice, on November 22, 1996, and January 8, 1997, during the interim. The committee was charged by the Legislative Council to consider the Iowa State Bar Association's proposal for a new Iowa Administrative Procedure Act, reflected in Senate File 2404, introduced during the 1996 session, and recommendations of state agencies and other interested parties and to attempt to balance the rights of executive branch agencies and citizens in the operation of administrative law. Senator Tom Vilsack and Representative Janet Metcalf were elected co-chairpersons of the committee.
November 22, 1996, Meeting:
The interim committee received testimony from Roger Stetson, President of the Iowa State Bar Association, and Professor Arthur Bonfield, University of Iowa Law School, concerning the Bar Association proposal to completely revise and replace the Iowa administrative procedure act. The proposal is reflected in Senate File 2404, with some revisions based on comments received by the Bar Association. The presenters indicated that the current administrative procedure act is too sketchy and does not strike a fair balance between the rights of citizens and the efficient operation of government.
The interim committee received testimony from several presenters expressing concern over changes proposed by the Bar Association proposal. Tom Miller, Attorney General, and several other individuals, including agency representatives, testified that the proposal is too costly, makes changes that are unnecessary and not tailored to legitimate concerns about the current statute, and is overly broad in its scope and potential impact.
Based on the presentations made, the interim committee requested that the various parties concerned about the Bar Association proposal try and meet in order to resolve as many of their differences as possible prior to the second meeting of the committee.
January 8, 1997, Meeting:
The Iowa State Bar Association representatives and the Attorney General of Iowa presented to the interim committee a compromise proposal for making revisions to the current Iowa administrative procedure act. The compromise includes provisions dealing with the regulatory analysis of proposed rules, requests for review of rules, declaratory orders by agencies, administrative law judges, including establishment of an office of administrative hearings, default orders, ex parte communications and separation of functions, emergency adjudicative proceedings, and judicial review.
An attorney with the Sierra Club addressed the committee and indicated that the administrative procedure act should be changed to provide easier access to members of the general public in bringing a contested case proceeding.
Committee recommendations.
The interim committee recommended that the joint Bar Association and Attorney General proposal to revise the administrative procedure act be drafted as a study bill from the interim committee and to be presented and considered by the appropriate legislative standing committees. The interim committee indicated that the committees considering this proposal should carefully examine issues concerning the independence of administrative law judges and the ability of the public to participate in contested case proceedings.

LAW ENFORCEMENT TRAINING STUDY COMMITTEE

Final Briefing - One Meeting Held
Co-chairpersons: Senator Randal Giannetto and Representative Teresa Garman

Background.
The Legislative Council established the Law Enforcement Training Interim Study Committee and requested that the Iowa League of Cities and the Iowa State Association of Counties convene a law enforcement training summit during the 1996 legislative interim to examine modifications and alternatives to Iowa's current regulations concerning law enforcement training and resources provided for the training, and to provide the Committee with a report containing the recommendations resulting from the summit. The Council provided the Committee with one meeting date and charged the Committee with determining whether changes should be made to Iowa's laws regarding law enforcement training in Iowa. The League and ISAC responded to the Council's request by working together, in association with the Iowa Law Enforcement Academy (ILEA), on a survey of Iowa's law enforcement professionals.
Members and Presenters.
The Committee approved as Co-chairpersons Senator Randal J. Giannetto and Representative Teresa Garman. Also serving on the Committee were Senator Richard F. Drake, Senator Don E. Gettings, Representative Paul Bell, and Representative Beverly J. Nelson. Presenters at the meeting included representatives from the following organizations, agencies, academies, community colleges and police departments:
Recommendations.
1. Pass legislation to lengthen the probation period from 12 to 18 months.
2. Encourage the lengthening of the time period for law enforcement training.
3. Encourage the use of the Iowa Communications Network for continuing education.
4. Look at providing student loan options for persons seeking law enforcement training.
5. Look at ways of addressing the concerns of local government agencies hiring and paying to train law enforcement recruits who, within a short period after receiving certification, leave the agency to work for another, often larger, agency as a certified law enforcement officer.
6. Look at increasing the funding for ILEA.

LOCAL CORRECTIONS INFRASTRUCTURE AND CRIME PREVENTION REVIEW STUDY COMMITTEE

Progress Report - One of Three Meetings has been Held
Co-chairpersons: Senator Michael Gronstal and Representative Neil Harrison

Overview.
The Local Corrections Infrastructure and Crime Prevention Review Interim Study Committee was established by the Legislative Council to review the report of the Attorney General's Corrections Planning Task Force, and to make recommendations and proposals concerning corrections, juvenile justice, and school-based infrastructure projects, including consideration of establishing a grant program and funding mechanism for these projects. The Corrections Planning Task Force met from September through December of this year, and delivered its report to the Legislature on December 6. The Local Corrections Infrastructure and Crime Prevention Review Study Committee met on December 18, 1996, to review the report of the Task Force and hear other testimony. The Committee plans to meet again in January 1997 to prepare its recommendations.
Report of the Attorney General's Corrections Planning Task Force.
Attorney General Tom Miller discussed the 11 outreach sessions and public hearings held throughout the state in order to obtain input from local governments, agencies, and the public.
The findings of the Task Force centered upon four themes:
  1. County Jails: In general, the inventory of local corrections facilities in Iowa revealed that in urban areas, the primary problem is inadequate capacity. In rural areas, however, the primary problem is with the age or condition of existing facilities. All jails could benefit from greater use of technology, such as fiber-optic systems for initial court appearances, sentencing, and similar matters, and from consideration of multi-county planning, including utilization of multi-county facilities.
  2. Juvenile Justice: A full continuum of treatment and punishment alternatives should be available for juveniles, from early intervention to adequate and appropriate capacity for juveniles adjudicated as delinquent.
  3. Crime Prevention: The most effective crime prevention programs are community-based and multi-organizational in approach. In addition, a state coordinator should oversee crime prevention programs.
  4. School-based Programs: Comprehensive school-based programs involving the combined efforts of all relevant agencies and organizations provide a model that should be expanded.
  5. Task Force Hearings. Ms. Arlinda McKeen, State Public Policy Group, made a presentation to the Committee regarding the focus groups and public hearings conducted by the Corrections Planning Task Force. Consistent themes discussed across the state included overcrowding in urban facilities, and age and staffing problems in rural facilities, but local issues tended to be somewhat individualized according to the location of the hearing.
  6. Vermont Reparative Probation. Ms. Jean Kuehl made a presentation to the Committee regarding the Vermont Restorative Justice Project. Restorative justice focuses more on correcting behavior and restoring the damage to the victim and the community caused by the delinquent act, and less on retribution and punishment.

LOCAL INFRASTRUCTURE NEEDS STUDY COMMITTEE

Final Briefing - Two Meetings Held
Co-chairpersons: Senator Larry Murphy and Representative Barry Brauns

Committee Charge.
The Local Infrastructure Needs Interim Committee was created by the Legislative Council. The charge of the Study Committee was to "Study the issue of local infrastructure and associated bonding and state financial assistance needs. Assess the status of local infrastructure and the resources which local governments have available to assist in providing for long-term infrastructure needs including a study of the approval requirements for local bond referenda. Include recommendations for a system of prioritization or other processes for selection of projects."
First Meeting. The following testimony was heard at the first meeting:
Second Meeting. There were eight persons invited to present testimony to the Study Committee at its second meeting:
Recommendations. The Study Committee adopted the following recommendations:

SOLID WASTE REDUCTION AND RECYCLING STUDY COMMITTEE

Final Briefing - One Meeting Held
Co-chairpersons: Senator Patrick Deluhery and Representative Clyde Bradley

The Solid Waste Reduction and Recycling Committee was authorized to hold one meeting which was held on November 18, 1996.
Agenda.
The agenda included presentations by the Department of Natural Resources, the Iowa League of Cities, the Iowa Society of Solid Waste Operators, the Iowa Association of Regional Councils and others with an interest in solid waste reduction and recycling.
DNR.
The Department of Natural Resources reviewed the solid waste and recycling programs currently being used, identified the areas which are being targeted for future programs, and reviewed the goal status of the state and individual planning areas.
Cities.
The Iowa League of Cities asked that the Legislature consider: (1) eliminating the fines placed on planning areas not reaching the 25 percent reduction level; (2) reducing the tipping fee; (3) requiring greater accountability of the use of the remaining tipping fees; and (4) review the concept of reducing materials entering the waste stream.
Solid Waste Operations.
Concerns raised by the Iowa Society of Solid Waste Operations included the effectiveness of the fines imposed for not reaching the 25 percent reduction level, the costs of existing programs, the costs involved in attaining the 50 percent reduction goal, and the need for competitive tonnage fees.
Regional Councils.
The Iowa Association of Regional Councils' concerns included the attainability of the 50 percent reduction goal by the year 2000.
Recommendations.
Following the presentations and a round-table discussion between the presenters and the members of the Committee, the Committee recommended the following:

OTHER COMMITTEES

The following two study committees were unable to schedule meetings:

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