1997 SUMMARY OF LEGISLATION

STATE GOVERNMENT

STATE GOVERNMENT LEGISLATION

SENATE FILE 118 - Substantive Code Corrections (full text of act)

BY COMMITTEE ON JUDICIARY. This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities.
The Act adds the Superintendent of Credit Unions to the committee that establishes maximum interest rates for certain public obligations and assessments. In provisions relating to reports by the Engineering and Land Surveying Examining Board, the Accountancy Examining Board, the Architectural Examining Board, and the Landscape Architectural Examining Board, the Act strikes requirements for the inclusion of information on receipts and disbursements. In the prohibitions relating to distribution of controlled substances in public parks, public swimming pools, or public recreation centers, references to the real property that comprises those locations are stricken. References to the "Grade `A' Pasteurized Milk Ordinance" are updated to reflect 1995 revisions. In the sex offender registry provisions, the description of the offenses committed in other jurisdictions which would require that an individual register as a sex offender are conformed to the offenses which, if committed in Iowa, would require that an individual register as a sex offender. The Act conforms terminology within the domestic abuse assault statute and strikes redundant language relating to issuance of deferred judgments or sentences for domestic abuse assault convictions. The Act conforms the mandatory minimum penalties applicable to the third or subsequent domestic abuse assault offense with the mandatory minimum sentencing language that is applicable to other felonies. These provisions take effect July 1, 1997.
In addition, the Act changes the placement of a reference to employees of the Commission of Veterans Affairs in the State Tort Claims Act, so that it does not disrupt references to the jurisdiction of the Iowa Department of Corrections. This provision takes effect April 18, 1997, and applies retroactively to July 1, 1996.

SENATE FILE 190 - Easements on State Land (full text of act)

BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act directs the Natural Resource Commission to adopt rules for granting easements to political subdivisions and utility companies on state land under the jurisdiction of the Department of Natural Resources. An applicant for an easement must provide information stating the need for the easement, availability of alternatives, and measures proposed to prevent or minimize the adverse impacts of the easement. Easements are to be executed by the Director of Natural Resources, except that an easement which is to be granted for more than five years must be approved by the Commission.

SENATE FILE 233 - Community College Retirement Benefits (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act provides new employees of community colleges the option of continuing their membership in certain additional eligible alternative retirement plans instead of being required to join the Iowa Public Employees' Retirement System (IPERS). Previously, the only alternative retirement plan authorized for new community college employees was a retirement annuity issued by a nonprofit corporation for the exclusive benefit of employees of educational institutions, i.e., the Teachers Insurance and Annuity Association-College Retirement Equity Fund (TIAA-CREF).
Eligible retirement plans are employee-sponsored pension plans with mandatory employer contributions that meet certain Internal Revenue Code requirements. Each community college shall provide for this alternative retirement plan. The Act provides that the employer's contribution rate under the alternative retirement plan shall not exceed that for employees under IPERS. The Act applies to new employees hired on or after July 1, 1997.

SENATE FILE 358 - Interstate Emergency Management Assistance Compact (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act provides for the Emergency Management Assistance Compact, which is to replace the Interstate Civil Defense and Disaster Compact in Code Section 29C.21. The new compact is substantially similar to the compact it replaces, but with less emphasis on civil defense related emergencies.
The Act provides that the purpose of the compact is to provide for mutual assistance between the states entering into the compact in managing any emergency or disaster duly declared by the governor of the affected state. The compact also provides for mutual cooperation in emergency-related exercises, testing or other training activities.
The Act provides for the designation of an official responsible for the formulation of the appropriate interstate mutual aid plans and procedures necessary to implement the compact and provides for the manner and content of requests for assistance.
The Act provides that the emergency forces of any party state are provided the same powers, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services and for the applicable command and control of emergency forces.
The Act provides that licenses and permits evidencing the meeting of qualifications for professional, mechanical or other skills held by persons in a party state shall be honored by the state requesting assistance.
The Act provides for the tort liability, and any applicable immunity, of officers and employees of a party state rendering aid in another state.
The Act provides for the reimbursement of certain losses and expenses of any party state rendering aid.
The Act provides that evacuation plans shall be worked out and maintained between the party states where any type of incident requiring evacuations might occur.
The Act provides that the compact shall become operative immediately upon its enactment into law by any two states and shall become effective as to any other state upon its enactment by such state. Withdrawal shall occur 30 days after the governor of the withdrawing state has given notice of the repeal of the statute to all of the other party states.

SENATE FILE 519 - Iowa Communications Network — Authorized Use and Users — VETOED BY THE GOVERNOR (full text of act)

BY COMMITTEE ON COMMERCE. This bill identified permitted and prohibited activities with respect to the Iowa Communications Network. The bill established definitions for terms used in Code Chapter 8D, including "authorized use," "authorized user," "educational use," "library," "nonprofit institution of higher education," "state agency," and "telemedicine."
The bill provided that full-motion, interactive video services provided by the network could be used by a person only if certain identified criteria were met. The bill established limitations on dial-up internet access. The bill prohibited certain activities with respect to the network including the resale of services except as permitted by rule of the Iowa Telecommunications and Technology Commission, unauthorized use of the network through an authorized user, and use of the network or any network services to transmit an unauthorized personal or private business communication, unless specifically authorized under Code Chapter 8D or unless the communication was an incidental communication by an authorized user from an authorized site.
The bill directed the Iowa Utilities Board to establish a procedure for receiving and resolving disputes which arise between the Iowa Technology and Telecommunications Commission and a local exchange carrier regarding the network.
The bill also established certain deadlines for an authorized user providing dial-up internet access to discontinue providing such service.
The bill was vetoed by the Governor April 24, 1997.

HOUSE FILE 200 - Nonsubstantive Code Corrections (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes Code changes and corrections that are considered to be nonsubstantive and noncontroversial, in addition to style changes.
Subject matter areas in which changes are made include provisions relating to the Sesquicentennial Commission, liens for certain inappropriately obtained entitlement benefits or provider payments, the Rural Small Business Transfer Linked Investment Program, microenterprise organizations, community colleges and merged areas, the title of the head of public safety, the Iowa Conservation Corps, IPERS, the administration of phenylbutazone in horses, primary care provider loan repayment, the use of imitation cheese, persons with mental illness, the Department of Workforce Development, fire and safety standards for assisted living programs, medical assistance debts and asset transfers, special education services, the computation of property tax and income surtax amounts for instructional support programs, school transportation assistance aid, public school open enrollment, suspension of driver's licenses, vehicles of excessive size and weight, handicapped registration plates, mental health and developmental disability funding, the livestock brand book, municipal home rule, Department of Revenue and Finance personnel, tax liens and reimbursements, individual income taxes, the Low-Income Tax Credit and Reimbursement Fund, the Litigation Expense Fund, the Midwest Interstate Low-Level Radioactive Waste Compact, water vessel certificates of title, cooperative cooperations, corporate indemnification, securities regulation, the Community Health Management Information System, sale of funeral and cemetery services and merchandise, bank holding companies, the practice of engineering or land surveying, real property inspection reports, real estate broker trust accounts, the Uniform Commercial Code, duties of the clerk of district court, and sexually predatory offenses.

HOUSE FILE 233 - Cooperative Associations — Effective Date of Filings and Mergers (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act amends Iowa Code Chapter 499 regarding the merger or consolidation of cooperative associations. Code Section 499.67 provides that the Secretary of State must issue a certificate of merger or a certificate of consolidation upon the filing of the articles of merger or the articles of consolidation. The Act provides that the merger's or consolidation's effective date is not automatically tied to the date that the certificate of merger or consolidation is issued. A different effective date of the merger or consolidation may be specified in the articles of merger or articles of consolidation if that date is later than the date of issuance. The Act also provides that a document required to be filed with the Secretary of State pursuant to Code Chapter 499 is effective at the time it is filed or at the delayed effective date specified in the document, whichever is later.

HOUSE FILE 540 - Deferred Compensation and Phased Retirement — Investments and Other Provisions (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act establishes investment guidelines and procedures for state deferred compensation and phased retirement plans.
The Act adds state deferred compensation plans established by the Executive Council to the list of entities exempt from public fund investment standards, maturity and procedural limitations, written investment policy requirements, and regulation of public fund custodial agreements established in the Code.
The Act also provides that public funds of a state deferred compensation plan established by the Executive Council can be invested in a deferred compensation investment product authorized in Code Section 509A.12. The investment products authorized in Code Section 509A.12 include an individual or group life insurance contract, annuity contract, interest in a mutual fund, security, or any other deferred payment contract. The Act provides that the Department of Personnel will make the option of utilizing mutual funds available to state employees by September 1, 1997, and to the extent permitted by law, will permit state employees to transfer moneys deferred under another investment option to a mutual fund. The Act authorizes "other public entities," in addition to the Executive Council, school boards, certain public institutions, or a county board of supervisors, to establish a deferred compensation program pursuant to Code Section 509A.12.
Finally, the Act modifies the eligibility provisions contained in Code Section 70A.31 for employees participating in the phased retirement program to provide that they must retire at the end of the fifth year of participation in the program.

HOUSE FILE 577 - Continuing Education of Real Estate Appraisers (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act establishes June 30 of the year in which a real estate appraiser's certificate expires as the date by which continuing education requirements shall be completed for purposes of renewing the appraiser's certificate. The Act restricts the number of instructional hours of correspondence and home study courses that may be claimed by an appraiser to meet the continuing education requirements to no more than 50 percent of the required hours necessary for renewal of the certificate. The Act also requires that courses or seminars be preapproved by the Real Estate Appraiser Examining Board.

HOUSE FILE 578 - Continued Operation of Department of Human Rights (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act enables the Department of Human Rights to continue its operation. Code Section 216A.5 provides that the department will cease to exist effective July 1, 1997. The Act repeals this provision, enabling the department to continue its operations.
The Act takes effect April 18, 1997.

HOUSE FILE 589 - Boxing and Wrestling (full text of act)

BY CONNORS AND TYRRELL. This Act rewrites Code Chapter 90A, which regulates boxing and wrestling in the state. Much of the new material is added to conform the Code chapter to the requirements of the federal Professional Boxing Safety Act of 1996.
The Act identifies two types of promoters: (1) a person who organizes, holds, advertises, or otherwise conducts a professional boxing match, or (2) a person who charges admission for the viewing of a professional boxing or wrestling match received through a closed-circuit, pay-per-view, or similarly distributed signal.
The Act prohibits a person from acting as a promoter of a professional boxing or wrestling match without first obtaining a license from the State Commissioner of Athletics. Under the Act, it is a serious misdemeanor for a person to act as a professional boxing or wrestling promoter without first obtaining a license.
The Act requires the promoter of a professional boxing or wrestling match to add the value of complimentary tickets, in excess of 5 percent of the number of tickets sold, to the gross admission receipts total in the written report required to be furnished to the commissioner. The promoter shall pay a tax of 5 percent of its total admission receipts to the Treasurer of State. The commissioner may examine the records of a promoter and assess the costs of the examination to the promoter. If the promoter defaults in paying a tax or costs, the promoter forfeits the $5,000 surety bond posted by the promoter for the license. In addition to the criminal penalties, the promoter shall be liable to the state for taxes and penalties.
The Act requires each professional boxer residing in Iowa to fill out a registration application and submit the application, along with a fee set by rule, to the commissioner. The commissioner shall issue each registered boxer an identification card containing a recent photograph of the boxer, the boxer's social security number, and a personal identification number assigned to the boxer by the boxer registry. The Act defines "boxer registry" as an entity certified by the Association of Boxing Commissions for the purpose of maintaining records and identification of boxers. A registration is valid for two years from the date of issue. The Act prohibits a contestant from taking part in a boxing match unless the contestant has presented a required valid registration identification card to the commissioner prior to the weigh-in for the boxing match.
The Act provides the commissioner with emergency authority to orally suspend a license, registration or participation immediately under certain circumstances. However, a written notice of a suspension must be issued within seven days of the emergency suspension.

HOUSE FILE 659 - Practice of Respiratory Care (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act modifies provisions of Code Chapter 152B regarding respiratory care. The Act changes the designation "certified registered nurse" to "licensed registered nurse" regarding consultation between licensed registered nurses and organized health care systems concerning respiratory care policies and procedures. The Act provides that Code Chapter 152B is not intended to limit, preclude or otherwise interfere with the practice of respiratory care by other health care providers licensed and certified by the state pursuant to a chapter of the Code other than Code Chapter 152B.
The Act also provides that the continuing education requirements contained in Code Section 152B.11 do not apply to health care providers who perform respiratory care within the scope of practice of their profession if they are engaged in a health-related profession pursuant to Code Chapter 147 but are not licensed under Code Chapter 152B.

HOUSE JOINT RESOLUTION 5 - Proposed Constitutional Amendment — Equal Rights (full text of act)

BY DODERER, CONNORS, VAN MAANEN, VANDE HOEF, HOLVECK, KOENIGS, SHOULTZ, TYRRELL, METCALF, SIEGRIST, CHAPMAN, COHOON, CORBETT, EDDIE, GARMAN, KREMER, SCHRADER, WISE, BRAND, MAY, MERTZ, MURPHY, BERNAU, GIPP, HAHN, MILLAGE, WEIDMAN, BELL, BLODGETT, BODDICKER, BRAUNS, BRUNKHORST, CATALDO, CHURCHILL, DINKLA, DRAKE, FALLON, GREIG, GREINER, GRIES, GRUNDBERG, HOUSER, JOCHUM, KLEMME, KREIMAN, LARSON, MARTIN, MEYER, MORELAND, MUNDIE, O'BRIEN, RANTS, WEIGEL, WELTER, WITT, LARKIN, MYERS, ARNOLD, BARRY, BOGGESS, BRADLEY, BURNETT, CARROLL, CORMACK, DREES, HEATON, HUSEMAN, JACOBS, LAMBERTI, LORD, MASCHER, NELSON, SUKUP, TEIG, VAN FOSSEN, VEENSTRA, WARNSTADT, THOMSON, TAYLOR, OSTERHAUS, BUKTA, CHIODO, DIX, DOLECHECK, DOTZLER, FALCK, FOEGE, FORD, FREVERT, HANSEN, HOLMES, HUSER, JENKINS, KINZER, RAYHONS, REYNOLDS-KNIGHT, RICHARDSON, SCHERRMAN, THOMAS, AND WHITEAD. This Act proposes an amendment to the Constitution of the State of Iowa regarding the equality of rights of men and women under the law. As required by Article X of the Constitution of the State of Iowa, the Act was adopted by two consecutive general assemblies, the 1995 and 1997 Sessions of the General Assembly. In order to become a part of the State Constitution, the final step required is that the Act be submitted to the electorate for ratification, which will take place at the general election in November 1998.

RELATED LEGISLATION

SENATE FILE 21 -- Nonperpetual Care Cemeteries

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act strikes the requirement that a nonperpetual care cemetery post a legible sign in a conspicuous place indicating the cemetery is not a perpetual care cemetery.

SENATE FILE 59 -- Emergency Medical Care Provider Certification Fees

(Complete summary under HEALTH & SAFETY)

This Act provides that certification fees currently paid to the Iowa Department of Public Health by emergency medical care providers are to be deposited in the Emergency Medical Services Fund established in Code Section 135.25 to be used for the purposes of the fund.

SENATE FILE 83 -- Property Tax on Certain Donated Property

(Complete summary under TAXATION)

This Act provides that when real estate is donated as a gift to the state or a political subdivision of the state, and the donor provides for the donor or someone else to retain the use of the property for the remainder of their lives, the real estate continues to be subject to property tax and special assessments until the life estate ends if the property was so subject prior to the making of the gift. The Act applies to property donated on or after July 1, 1992, for taxes payable or assessments payable during fiscal years beginning on or after July 1, 1997.

SENATE FILE 163 -- Sale of Cigarettes and Tobacco Products Through Vending Machines

(Complete summary under HEALTH & SAFETY)

This Act prohibits the sale of cigarettes or tobacco products through vending machines unless the vending machine is located in a place where the retailer ensures that a person younger than 18 years of age is not present or permitted to enter at any time. A permit holder who violates this provision is subject to revocation of the permit.

SENATE FILE 232 -- Notarial Acts — Registrars of Vital Statistics

(Complete summary under LOCAL GOVERNMENT)

This Act adds a registrar of vital statistics or a registrar's designee to the list of people who may perform a notarial act.
The Act takes effect April 22, 1997.

SENATE FILE 246 -- Snowmobiles and All-Terrain Vehicles

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act authorizes the Department of Natural Resources to adopt rules regarding the issuance of title certificates for snowmobiles and to maintain a copy of each title certificate issued.

SENATE FILE 391 -- Appropriations — Transportation

(Complete summary under APPROPRIATIONS)

This Act provides cost-of-living adjustments of approximately 3 percent for legislators for the calendar years 1999 and 2000, and similar cost-of-living adjustments for elected state executive officers for the fiscal years beginning July 1, 1997, and July 1, 1998.

SENATE FILE 451 -- Milk and Milk Products

(Complete summary under AGRICULTURE)

This Act regulates the milk industry, including the imposition of fees upon persons required to obtain licenses or permits by the Department of Agriculture and Land Stewardship, including receiving stations, milk haulers, milk graders and bulk milk tankers.

SENATE FILE 522 -- Legal Settlement

(Complete summary under HUMAN SERVICES)

This Act amends the legal settlement provisions of the Code by providing that a person receiving treatment or support services from any provider, regardless of the source of funding of the provider, who provides treatment or services for mental retardation, developmental disabilities, mental health, brain injury, or substance abuse, does not acquire legal settlement in the county in which the site of the provider is located unless the person continuously resides in that county for one year from the date of receiving the last treatment or support service. This provision was also enacted in H.F. 702 (see Local Government).

SENATE FILE 529 -- Appropriations — Administration and Regulation

(Complete summary under APPROPRIATIONS)

This Act appropriates $82,212,000 from the General Fund of the State and $17,509,337 from other fund sources for FY 1997-1998 to state departments, agencies, and interstate and national entities, including the Auditor of State, Iowa Ethics and Campaign Disclosure Board, Department of Commerce, Department of General Services, offices of Governor and Lieutenant Governor, Terrace Hill, Department of Inspections and Appeals, Department of Management, Department of Personnel, Iowa Employees' Retirement System, Department of Revenue and Finance, Secretary of State, Treasurer of State, Council of State Governments, National Council of State Legislatures, National Governors Association, American Legislative Exchange Council, and Commission on Uniform State Laws, and for law enforcement training reimbursement.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes language authorizing the use of a "budgeting for results" approach by state agencies in preparing budgets and performing evaluations.

HOUSE FILE 275 -- Registration of Trademarks and Service Marks

(Complete summary under BUSINESS, BANKING, & INSURANCE)

This Act amends several provisions in Code Chapter 548 regulating the registration and protection of marks such as trademarks and service marks by the Secretary of State.

HOUSE FILE 320 -- Registration and Accreditation Requirements for Postsecondary Schools

(Complete summary under EDUCATION)

This Act exempts postsecondary educational institutions offering programs limited to nondegree specialty vocational training programs from the chapter of the Code that requires postsecondary schools to register with the Secretary of State's office.

HOUSE FILE 336 -- Levee and Drainage Districts — State-Owned Land

(Complete summary under TAXATION)

This Act eliminates a provision which provides that land under the jurisdiction of the Department of Natural Resources is not subject to an assessment by drainage and levee districts if the land is located below the ordinary high water mark in a sovereign state-owned lake, marsh or stream.

HOUSE FILE 355 -- Income Tax Exemption for Certain Military Pay

(Complete summary under TAXATION)

This Act provides an income tax exemption for the active duty pay of national guard and armed forces military reserve personnel for service performed on or after November 21, 1995, pursuant to military orders related to peacekeeping in Bosnia-Herzegovina.

HOUSE FILE 439 -- Repository for Licensing, Registry, and Criminal History Information

(Complete summary under HEALTH & SAFETY)

This Act requires development of a single contact repository for criminal history, child and dependent adult abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. The purpose of the repository is to permit employers, local governments, and state agencies to obtain the above information with one contact. The Department of Inspections and Appeals is to lead other state agencies in this effort. A progress report is due to the General Assembly by January 15, 1998.

HOUSE FILE 456 -- City Civil Service

(Complete summary under LOCAL GOVERNMENT)

This Act amends Code Chapter 400 relating to city civil service by reducing the term of office of city civil service commissioners, changing the method of selecting clerks to the civil service commissions in cities of 75,000 population or fewer, exempting professional city engineers from civil service coverage, extending civil service rights to an employee who meets minimum qualifications or passes a qualifying noncompetitive test after completion of a probationary period, eliminating two successive examinations to find qualifying applicants for promotions, increasing from 90 days to 180 days the amount of time for background checks on potential employees, increasing the number of names on original appointment lists from 10 to 40, eliminating employee consent for departmental transfers, and retaining the 1980 census for determination of city civil service applicability. The transition to four-year terms of office of civil service commissioners is delayed until January 1, 1998.

HOUSE FILE 636 -- Elections

(Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE)

This Act makes a number of changes to the election laws of Iowa including provisions relating to voter registration, preparation of ballots, absentee voting, and local government elections.

HOUSE FILE 687 -- Beef Cattle Producers Association

(Complete summary under AGRICULTURE)

This Act provides for the administration of the Iowa Beef Industry Council and the assessment and distribution of excise taxes assessed against cattle and veal.

HOUSE FILE 730 -- Appropriations — State Government Technology and Operations

(Complete summary under APPROPRIATIONS)

This Act appropriates moneys to the Iowa Communications Network (ICN) and to other entities for other technology-related purposes. The Act provides for the payment of services rendered by the ICN to state agencies. The Act provides that the Department of General Services may provide telecommunications cabling. The Act also provides that the Executive Council may use moneys in a contingent fund for purposes of restoring state property destroyed by wild animals.

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