2000 Summary of Legislation STATE GOVERNMENT Published by the Iowa General Assembly -- Legislative Service Bureau

STATE GOVERNMENT LEGISLATION

SENATE FILE 182 - Acupuncture -- Licensure and Regulation (full text of act)

   BY SZYMONIAK. This Act provides licensing requirements for the practice of acupuncture to be administered by the Board of Medical Examiners. Previously, an individual engaged in the practice of acupuncture was not required to be licensed, but was required to be registered with the Board of Medical Examiners.

   The Act provides a revised definition of "acupuncture" and provides that in order to obtain a license to practice acupuncture, an applicant must maintain current active status as a diplomate in acupuncture of the National Commission for the Certification of Acupuncturists and must have successfully completed a three-year postsecondary training program or acupuncture college program which is accredited by, in candidacy for accreditation by, or which meets the standards of the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine. The applicant must also have successfully completed a course in clean needle technique approved by the National Commission for the Certification of Acupuncturists. The Act provides, however, that licensure will be granted to a resident of the state who has successfully completed an acupuncture degree program approved by the board, or an apprenticeship or tutorial program approved by the board, on or before July 1, 2001.

   The Act retains requirements previously contained in Code Chapter 148E regarding the posting and furnishing of information to patients, grounds for revocation or suspension of a license to practice acupuncture, the statement that accident and health insurance coverage for acupuncture services is not compelled under the chapter, and the standard of care of a licensee. The Act adds a requirement regarding the posting and furnishing of a statement indicating that a license to practice acupuncture does not authorize a person to practice medicine and surgery in Iowa, and that the services of an acupuncturist must not be regarded as diagnosis and treatment by a person licensed to practice medicine and must not be regarded as medical opinion or advice. The Act repeals a requirement relating to an acupuncturist obtaining an evaluation and referral of an individual's condition by a person licensed to practice medicine and surgery, osteopathy, osteopathic medicine and surgery, chiropractic, podiatry, or dentistry, prior to the performance of acupuncture upon the individual.

SENATE FILE 419 - Veterinary Practice Requirements (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act establishes certification requirements for veterinary clinics. The Act provides that any individual who provides veterinary medical services, owns a veterinary clinic, or practices in the state of Iowa shall obtain a certificate from the Board of Veterinary Medicine and be subject to the same standards of conduct applicable to a licensed veterinarian, unless a standard of conduct is determined by the board to be inapplicable.

   The Act provides that certificate issuance, renewal or denial; rules relating to standards of conduct; and disciplinary action shall be administered by the board in accordance with established procedures relating to veterinary license suspension and revocation or licensee discipline. The Act directs the board to establish certification fees in an amount sufficient to fully offset certification costs. The Act provides that for FY 2001, the Department of Agriculture and Land Stewardship shall retain collected fees to administer the program, and that for FY 2002 and succeeding fiscal years, certification fees shall be deposited in the General Fund of the State and are appropriated to the department to administer the certification provisions.

   The Act provides that, prior to January 1, 2001, and prior to implementation of the certification provisions, the board shall submit a certification program report to the General Assembly. The report shall include the criteria to be used for certification, the methods and procedures to be used in the certification process, the anticipated cost of operating the certification program, the estimated certification fee to be charged each clinic, and the general manner of implementation of the program.

   As previously stated, the Act contains a delayed effective date of July 1, 2001, with regard to the certification provisions contained in Section 1 of the Act. Section 2 of the Act, relating to submission of the certification program report, takes effect July 1, 2000.

SENATE FILE 2036 - Upper Mississippi Riverway Compact -- Repeal (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act repeals the Upper Mississippi Riverway Compact that was adopted by the General Assembly in 1967. The compact was drafted to include the states of Illinois, Iowa, Minnesota, and Wisconsin. The state of Missouri was also invited to join. The purpose of the compact was to encourage economic development, tourism and resource conservation along the river area within the member states. The compact was not adopted by any of the other states and not ratified by the U.S. Congress.

   Also repealed is a provision in the Iowa Public Employees' Retirement System that offered an agreement extending IPERS membership to employees of the Upper Mississippi Riverway Commission.

SENATE FILE 2092 - 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 word "bank" is substituted for the words "financial institution," and an internal reference to the section relating to payment of losses in a bank is added in provisions that relate to banks and to credit unions.

   An internal reference is corrected in language relating to review of action or intended action by the State Public Defender on attorney fee claims. Appointment and removal authority provisions relating to the State Public Defender are clarified to provide that the State Public Defender may both appoint and remove not only the local public defender but also other employees listed in the applicable paragraph in the Code.

   Language in provisions relating to military proceedings that establish the requirements which must be met before a sentence imposing a dishonorable discharge, discharge under other than honorable conditions, dismissal, or confinement can be adjudged is conformed to language in Section 819 of Article 19 of the Military Code of Justice. In provisions relating to which kinds of offenses are not cognizable in military proceedings, the offense of rape is replaced with the offense of sexual abuse.

   Language relating to public employment and appointment preferences for honorably discharged persons is amended to apply the definition of "veteran" found in Code Section 35.1 to Code Chapter 35C.

   Changes are made in the quorum requirements for commissions having control over memorial hospitals to adjust for changes made by 1999 Iowa Acts, Chapter 36, which permitted the commissions to consist of seven members, not just five, as was the case previously.

   Certain provisions relating to the canvassing of the results of a judicial election are amended by adding the phrase "full-time associate juvenile judge, or full-time associate probate judge."

   The name of the Division of Capitol Security is changed to the "Division of Capitol Police" and references to capitol security officers are accordingly changed to "capitol police officers."

   The word "contractor" is substituted for the word "employer" in language relating to the contesting of citations or proposed assessments of penalties by the Labor Commissioner against contractors.

   The civil penalty applicable to holders of liquor licenses or permits for first offense violations of Code Section 123.39, applicable to holders of liquor licenses or permits for first offense violations of Code Section 123.49, subsection 2, paragraph "h," which relates to sales of alcohol to minors, is changed from $300 to $500.

   The word "care" is stricken from the term "health care facility" in provisions relating to the procedure for obtaining consent to HIV testing in cases where a significant exposure has occurred on the premises of the facility. The term "health facility" is defined in Code Chapter 141A.1, and covers acute care facilities, longer-term care facilities, and other types of facilities and institutions.

   Provisions pertaining to the Sheep and Wool Promotion Board are clarified to provide that the board has the authority to set an assessment if approved by a majority of voters at a referendum.

   A clerical error that occurred during the drafting process of 1999 Iowa Acts, Chapter 158, is corrected in language which relates to the imposition of excise taxes on turkeys.

   Language relating to the expunging of child abuse information from the Child Abuse Registry is changed to specify that information relating to the types of child abuse specified in paragraph "c" or "e" of Code Section 232.68, subsection 2, are not to be expunged for 30 years.

   The Department of Economic Development is specified as the department responsible for the adoption of rules pertaining to the allocation of moneys to support program capital costs for the Accelerated Career Education Program.

   A parenthesis is moved to reflect the correct plant name in language designating the types of primary noxious weeds.

   Motorcycles and trailers are added to the list of vehicles for which owners may apply for Legion of Merit special plates.

   Language relating to penalties applicable to mobile home dealers who acquire Iowa-titled mobile homes or manufactured housing and who do not obtain a certificated of title for the homes or housing is modified to provide that the penalties apply to both mobile home and manufactured housing acquisition.

   The Code section reference for the penalty applicable to penal offenses against the Motor Vehicle Title Law is changed to refer to Code Section 805.8, which provides a listing of scheduled violations, instead of the general penalty provision for Code Chapter 321 violations, Code Section 321.482. Under Code Section 805.8, subsection 12, a $50 fine only is specified for these title law offenses.

   Language pertaining to the regulation of distributor and factory branches and representatives is stricken and one section is repealed. The licensing and regulation of these types of entities by the Iowa Department of Transportation was repealed by 1997 Iowa Acts, Chapter 108.

   Language relating to when stock ownership constitutes a prohibited personal interest in a municipal housing project or property included or to be included in a municipal housing project by a public official or employee of a municipality is modified to provide that a 5 percent ownership interest "shall not be deemed an interest of, or ownership or control by" the person.

   Language relating to an obsolete certification of the amount of the personal property tax replacement base for each taxing district by the Director of Revenue is deleted. A reference to the Department of Management is changed to the Department of Revenue and Finance in language pertaining to the adjustment function in the personal property tax replacement base. Language pertaining to certain events that have already occurred is also stricken.

   The words "maximum pressure" are substituted for the word "rate" in provisions relating to the dispersing of manure through spray irrigation equipment orifices.

   The words "received from the sales" are replaced with the word "sold" in language relating to the portion of the amounts received from the sales of various types of trees and shrubs that must be deposited into the Forestry Management and Enhancement Fund.

   References to Code Section 483A.30 are deleted in provisions relating to use of revenue from nonresident deer and wild turkey hunting licenses. Code Section 483A.30 was repealed in 1999.

   A provision relating to the methods of causing a mechanic's lien which has been satisfied to be cancelled or forfeited is amended to provide that it is the demand and required attachments which are to be filed with the clerk of the district court and subsequently mailed by the clerk to both parties affected by a mechanic's lien.

   The phrase "a lien created under this section" is stricken and the phrase "a lien created under section 579B.3" is substituted. The lien for amounts owed contract producers is actually created under Code Section 579B.3, not Code Section 579B.4.

   Provisions relating to temporary emergency jurisdiction of courts of this state in child-custody matters are amended by replacing the word "or" in the phrase "court or another state under a statute" with the word "of."

   Language relating to the listing, in an order for hearing in a child-custody proceeding, of the circumstances which must be demonstrated by a respondent to prevent the hearing from going forward is amended to reflect the mutual exclusivity of those circumstances.

   The word "part-time" is added before the words "associate probate judge" in provisions relating to the appointment, removal and qualification of part-time associate probate judges.

   References to the year July 1, 1999, are changed to refer to July 1, 2000, in provisions relating to mineral, water, timber, and other resources of a trust that are contained within the Uniform Principal and Income Act.

   Language in provisions relating to the fingerprinting of adults and juveniles is amended to clarify that final disposition reports are to be filled out on both arrests of adults and the taking of juveniles into custody.

   A Code section that specifies the situations in which a court appearance is required on a scheduled violation is amended to provide that language which describes what a defendant who has been charged with a scheduled violation must do, and what procedures apply, applies to all of the situations enumerated in the section.

   The words "of the inmate" are added to language relating to the deduction of amounts from the earnings in an inmate's general account for legal and administrative financial obligations to provide that it is the inmate's obligations for which the deductions are to be made.

   Subsection 8 of Code Section 29 of 1999 Iowa Acts, Chapter 13, is amended to clarify that Code Section 321.21, not Code Section 321.1, was to be repealed effective upon enactment of 1999 Iowa Acts, Chapter 13. Section 28 of 1999 Iowa Acts, Chapter 13, contains the repeal of Code Section 321.21. The change is made retroactively applicable to April 7, 1999.

   Section 5 of 1999 Iowa Acts, Chapter 55, is amended by adding "Code 1999" to clarify that the limitation which applied through June 30, 1999, is the limitation that existed in Code 1999 prior to enactment of 1999 Iowa Acts, Chapter 55, which took effect July 1, 1999. This change is made retroactively applicable to April 23, 1999.

   Section 3 of 1999 Iowa Acts, Chapter 131, is amended by striking the phrase "all claims of exemption under this section" and inserting the phrase "all claims of exemption under this Act," in order to apply the effective date provision to the substantive part of 1999 Iowa Acts, Chapter 131. This change is made retroactively applicable to May 17, 1999.

SENATE FILE 2113 - Massage Therapy -- Licensing (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides that an individual shall not engage in the health care service of the healing art of massage therapy without having obtained a license for that purpose.

   The Act provides that the practice of massage therapy is strictly prohibited by unlicensed individuals, and that it is unlawful to use the initials "L.M.T." or the words "licensed massage therapist," "massage therapist," "masseur," "masseuse," or any other word or title that implies or represents that the person practices massage therapy, unless the person possesses a massage therapy license issued pursuant to Code Section 152C.3. The Act also adds cosmetology arts and sciences to the list of professional practices or services which shall not be considered massage therapy pursuant to Code Section 152C.1, subsection 3.

   The Act additionally provides that the Massage Therapy Advisory Board may impose a civil penalty upon a person who practices as a massage therapist without a license, or upon a person or business that employs an individual who is not licensed, in an amount not exceeding $1,000 for each offense, with each day of a continued violation after an order or citation from the board has been received constituting a separate offense. However, the maximum penalty imposed shall not exceed $10,000. The Act specifies several factors the board may consider in determining the amount of a civil penalty and also prescribes notice, hearing, judicial review, and penalty for nonpayment provisions.

   The Act additionally provides transition provisions governing situations regarding an applicant for a new license to practice massage therapy applying prior to July 1, 2002, an applicant with a license that has lapsed prior to July 1, 2000, who applies for reinstatement prior to July 1, 2002, and an applicant with a license that has lapsed prior to July 1, 2000, who does not apply for reinstatement prior to July 1, 2002.

SENATE FILE 2141 - Merchant Marine Bonus Fund (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act creates a Merchant Marine Bonus Fund in the State Treasury and appropriates $150,000 from the General Fund of the State to be used to pay bonus compensation to World War II oceangoing merchant marine veterans. The Merchant Marine Bonus Program was created in 1999 Iowa Acts, Chapter 180, Section 5.

SENATE FILE 2249 - State Agency Purchasing Preference -- Bio-Based Fluids, Greases, and Lubricants (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act relates to the procurement by state agencies of bio-based hydraulic fluids, greases, and other industrial lubricants. The Act requires that the Department of General Services, or a state agency authorized by the department, give preference to purchasing hydraulic fluids, greases, and other industrial lubricants manufactured from soybeans. The Act requires the department to revise procurement specifications to ensure that the preference by state agencies for bio-based hydraulic fluids, greases, and other industrial lubricants occurs.

   The Act amends Code Sections 216B.3, 260C.19B, 262.25B, 307.21, and 904.312B, which require the Department for the Blind, the board of directors of merged areas, the State Board of Regents and institutions under the board, the Iowa Department of Transportation, and the Department of Corrections to comply with the purchasing preference of bio-based hydraulic fluids, greases, and other industrial lubricants.

   The Act defines "bio-based hydraulic fluids, greases, and other industrial lubricants" as the same as defined by the U.S. Department of Agriculture, if the department has adopted such a definition. Otherwise, the term means hydraulic fluids, greases, and other lubricants containing a minimum of 51 percent soybean oil. The Act also defines "other industrial lubricants" as lubricants used or applied to machinery.

SENATE FILE 2266 - Department of Public Defense -- National Guard Officers -- Emergency Response Commission Membership (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides for the appointment of deputy adjutants general for the Iowa National Guard and three additional members to the Iowa Emergency Response Commission.

   Division I of the Act amends Code Chapter 29A to provide that the state active duty position of administrative orders officer is eliminated and replaced by an additional deputy adjutant general position.

   The Act also changes the requirements for appointment of Adjutant General as follows:

1. The appointee must be a member of the U.S. Army or Air National Guard, the Army or Air Force Reserve, or the active U.S. Army or Air Force.
2. The appointee must have attained at least the rank of colonel.
3. The appointee must be eligible for federal recognition as a brigadier general, if not a federally recognized brigadier general at the time of appointment.

   The Act also creates the positions of deputy adjutant general for the Army National Guard and deputy adjutant general for the Air National Guard. The requirements for appointment as a deputy adjutant general are that the appointee must be a member of the Iowa Army or Air National Guard and the appointee must have obtained at least the rank of colonel and be eligible for federal recognition at the next higher rank.

   The Act provides that in the absence of the Adjutant General, the senior deputy adjutant general present for duty, based upon the date of the state appointment, shall perform the duties of the Adjutant General.

   The provisions of this Act concerning public defense and adjutant generals take effect March 30, 2000.

   The Act also expands the membership of the Iowa Emergency Response Commission from 12 to 15 members. The new members shall be a representative from a local emergency planning committee, a representative from the Iowa Hazardous Materials Task Force, and an additional private industry representative. The representatives of the departments of Workforce Development, Natural Resources, Public Defense, Public Safety, and Transportation, which are responsible under federal and state law for staffing and support of the commission, and one private industry representative are designated as voting members of the commission. The remaining members are designated as nonvoting, advisory members.

SENATE FILE 2388 - Corporate Reporting to Secretary of State (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act amends a number of provisions requiring the filing of reports with the Secretary of State.

   The Act amends Code Section 9H.9, which provides for the filing of reports by meat processors regarding the number of head of livestock fed and slaughtered. Generally, the reports must be filed for the processor's calendar or fiscal year. Code Section 9H.9 currently requires that the processor file information about the total number of hogs and cattle owned and fed more than 30 days by the processor during the preceding calendar year. This Act provides that the information may be based on a calendar or fiscal year, consistent with the other provisions.

   Prior to 1998, a number of different Code chapters required persons to file reports with the Secretary of State. Several of these chapters required reports to be filed by corporate entities holding agricultural land in this state. Code Section 9H.5A required reports to be filed by corporations, including authorized corporations, limited partnerships, trusts, and limited liability companies. Code Section 501.103 required reports to be filed by cooperative corporations (now referred to as "cooperatives"). Code Section 567.8 required reports to be filed by nonresident aliens, foreign businesses and foreign governments. In 1998, the General Assembly enacted H.F. 2335, which combined these reporting requirements into several provisions in Code Chapter 10B. That Act also provided that reporting requirements under those other chapters were suspended until July 1, 2000. This Act provides that the reporting requirements found in the other chapters are permanently suspended.

   In 1997, the General Assembly enacted H.F. 637 (1997 Iowa Acts, Chapter 171), which required a number of corporate entities organized under various provisions of the Code to file reports with the Secretary of State on a biennial rather than annual basis. However, the Act did not change the filing requirement for all corporate entities, and it did not amend provisions in all chapters where biennial filing was required. This Act changes the reporting requirement for foreign public utility corporations organized under Code Chapter 495 and professional corporations and foreign professional corporations organized under Code Chapter 496C by requiring biennial reporting for those entities. This Act also amends various sections in chapters where biennial reporting is required in order to provide consistency with other provisions in the chapters. Thus, the Act amends provisions governing cooperative associations organized under Code Chapters 497, 498 and 499, to require biennial rather than annual reporting in all relevant sections.

   In 1996, the General Assembly enacted S.F. 2135 (1996 Iowa Acts, Chapter 1010), which created cooperative corporations eligible to hold agricultural land. The Act provided for the filing of annual reports with the Secretary of State. In 1998, the General Assembly amended the chapter in S.F. 2404 (1998 Iowa Acts, Chapter 1152). That Act changed the name of those entities to simply cooperatives and made a number of other changes based on provisions in Code Chapter 490 governing corporations. The Act provided for the filing of an annual report, but also referred to a biennial report requirement. In 1999, the General Assembly enacted S.F. 102 (1999 Iowa Acts, Chapter 96), the nonsubstantive Code Editor's bill. The Act corrected the reference to an annual report. This Act provides that reports filed by cooperatives under Code Chapter 501 must also be filed on a biennial basis.

SENATE FILE 2390 - Department of Inspections and Appeals -- Duties -- Divisions (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act makes changes in the Code relative to the duties of divisions within the Department of Inspections and Appeals.

   The Act establishes the Health Facilities Division within the Department of Inspections and Appeals. The division currently exists within the department, but is not codified. The Act establishes the duties of the division in new Code Section 10A.702, some of which are currently codified as duties of the Investigations and Inspections Divisions of the department (eliminated as duties of these divisions in this Act), but which are, or under the Act will be, carried out by the Health Facilities Division, including investigations relative to standards and practices of hospitals, hospices, birth centers, and health care facilities; inspections and other licensing procedures relative to the hospice program, hospitals, birth centers, and health care facilities; inspections relative to hospital and health care facility construction projects; and inspections of child foster care facilities and private institutions for the care of dependent, neglected and delinquent children.

   The Act deletes the responsibility assigned the Investigations Division of performing investigations pertaining to standards and practices of hospitals, hospices and health care facilities, which is instead assigned in the Act to the Health Facilities Division.

   The Act also eliminates as a duty of the Inspections Division the inspection of land situated outside of Iowa which is proposed for sale within the state. The Act adds as a duty of the Inspections Division the current practice of inspections and licensing procedures related to social and charitable gambling pursuant to Code Chapter 99B.

SENATE FILE 2395 - State Information Technology (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act creates new Code Chapter 14B, which establishes the Information Technology Department. The Act states that the mission of the department is to foster the development and application of information technology to improve the lives of Iowans.

   Under the Act, the department is empowered to provide information technology to participating state agencies and other governmental entities. A "participating agency" is any unit of state government other than the State Board of Regents and associated institutions, the Public Broadcasting Division of the Department of Education, the Iowa Department of Transportation, the Department of Public Safety law enforcement communications systems, and the Iowa Telecommunications and Technology Commission.

   The new department is also required to implement a strategic information technology plan prepared by the Information Technology Council; develop and implement a business continuity plan to be used if a disruption in providing information technology occurs; develop and implement recommended standards for information technology; recommend and implement standards for an electronic repository for maintaining mandated agency reports; develop and maintain security policies and systems to ensure the integrity of the state's information resources; develop and implement effective and efficient strategies for the use and provision of information technology; coordinate the acquisition of information technology by participating agencies; enter into agreements necessary to implement the chapter; and establish and maintain, in cooperation with the Department of Revenue and Finance and the Department of General Services, an inventory of information technology devices used by participating agencies and other governmental entities using the department's services.

   The department is authorized to charge a participating agency or other governmental entity a reasonable and necessary amount for information technology provided by the department to such agency or entity.

   The Act establishes an Information Technology Council composed of 17 members to oversee the department and the information technology activities of participating agencies. The voting members of the council must annually elect a member to serve as chairperson. The council is directed to develop recommended standards for consideration with respect to the procurement of information technology by all participating agencies; appoint advisory committees as appropriate to assist the council; prepare and annually update a strategic information technology plan for all of state government; review and recommend, as appropriate, legislative proposals; review recommendations of the IowAccess Advisory Council regarding rates to be charged for access to and for value-added services performed through IowAccess, and make recommendations to the General Assembly regarding such rates; and review and approve the annual budget recommendation for the department as proposed by the director of the department. The council may grant a waiver from the application of information technology standards to a participating agency.

   The department is to include a policy and planning division responsible for the integration of information technology into all business aspects of state government; an operations division responsible for server systems, desktop support, and applications integration; a customer liaison division responsible for support and promotion of departmental services and information technology; a digital government bureau responsible for initiating and supporting the development of electronic commerce, electronic government, and Internet applications across participating agencies and in cooperation with other governmental entities; and the IowAccess Advisory Council responsible for providing a service to Iowans that is the gateway for one-stop electronic access to government information and transactions, whether federal, state or local.

   The Act directs the Information Technology Council to develop recommended standards for the procurement of information technology by all participating agencies. The Act states the intent of the General Assembly that information technology standards be established to guide such procurements.

   The Act requires the Information Technology Department and the Department of General Services to enter into an interagency agreement regarding the division of responsibilities between the two departments with respect to the procurement of information technology. The Act also establishes several options by which the Information Technology Department may procure information technology.

   The Act provides that an agency required to compile and maintain a report, on and after July 1, 2001, must maintain such report in an electronic form, giving consideration to the standards for electronic records recommended by the department. The Act also provides that the director of the department is to be an additional member of the State Records Commission.

   The Act also provides for a review of the operations of the Iowa Communications Network and the department by the General Assembly during the 2002 Regular Session for the purpose of determining whether the oversight and administration of the network should be under the authority of the department.

   The Act takes effect April 25, 2000.

SENATE FILE 2411 - Public Retirement Systems (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act makes numerous changes pertaining to public retirement systems, including the Public Safety Peace Officers' Retirement, Accident, and Disability System (Code Chapter 97A), the Iowa Public Employees' Retirement System (Code Chapter 97B), the Statewide Fire and Police Retirement System (Code Chapter 411), and the Judicial Retirement System (Code Chapter 602).

PUBLIC SAFETY PEACE OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM (PORS). The Act contains the following provisions relating to PORS:

1. The membership of the board of trustees of the system is increased from three to five members. Of the members added, one shall be a retired member of the system and one shall be appointed by the Governor from the financial services industry.
2. The calculation of retirement benefits for a service retirement is changed to provide that a member of PORS will receive upon retirement a benefit equal to 2.75 percent of the member's average final compensation for each year of service up to a total of 32 years of service or a maximum of 88 percent. Previously, a member of PORS received a benefit equal to 60 percent of the member's average final compensation for 22 years of service, plus an additional 1.5 percent for each year of service over 22 years, to a maximum of 10 additional years of service or a maximum of 75 percent.
3. Code Section 97A.6, subsection 8, governing an ordinary death benefit, is amended to provide that certain eligible beneficiaries of a member who dies shall receive, at a minimum, a monthly pension equal to 25 percent, rather than 20 percent, of the monthly pay of a senior patrol officer if the member died in service. This change takes effect April 12, 2000, and is applicable from July 1, 1996.
4. The method of annually adjusting a retired member's pension to reflect cost-of-living changes is amended. Code Section 97A.6, subsection 14, governing the annual readjustment of pensions, also called the escalator provision, is amended to increase the percentages used to provide an annual readjustment of the pensions payable from the current 30 percent and 337 percent to 40 percent, and from the current 15 percent to 24 percent. In addition to the modification of the current escalator increase received by an eligible member or beneficiary each July 1, the Act provides for adding to the amount calculated using the current escalator provisions an additional dollar amount based on the number of years the member has been retired. The additional amount is $15 for a member retired less than five years, $20 for a member retired between five and 10 years, $25 for a member retired between 10 and 15 years, $30 for a member retired between 15 and 20 years, and $35 for a member retired over 20 years.
5. Code Section 97A.6, new subsection 16, provides for a $100,000 lump sum payment to a person authorized to receive an accidental death benefit if a member in service covered by PORS dies as a result of a traumatic personal injury incurred in the line of duty. The benefit is in addition to the benefit currently provided for an accidental death while in the performance of duty.

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

1. Code Section 97B.1A, subsection 24, concerning the definition of "three-year average covered wage" used in determining IPERS retirement benefits, is amended by modifying the multiyear mechanism for implementing a revision to the calculation of the three-year average covered wage if the member's average wage exceeds a certain dollar level. Previously, the law provided that a member's "three-year average covered wage" would be calculated using the highest seven years for a member who retires during calendar year 2000, 2001 or 2002, and whose three-year average covered wage exceeds $55,000. The Act provides that only the highest six years will be used, that the income threshold will increase to $65,000 for persons retiring on or after January 1, 2000, but before January 1, 2001, and to $75,000 for persons retiring in calendar year 2001, and that the modification ends after calendar year 2001 and not after calendar year 2002. The portion of this change that applies to members retiring during calendar year 2000 takes effect April 12, 2000, and is applicable on or after January 1, 2000.
2. Code Section 97B.1A, subsection 24, concerning the three-year average covered wage, is also amended to provide for a new determination of this covered wage for a member who retires on or after July 1, 2003. The change provides that beginning July 1, 2003, a member's three-year average covered wage shall be the greater of the member's highest 12 quarters of service, or the member's highest three years of service. Under current law, a member's three-year average covered wage is determined based solely on calendar years.
3. Code Section 97B.1A, subsection 26, defining "wages" is amended. The new definition specifically provides that wages payable to an employee, but that are otherwise deducted from the employee's pay and paid to certain IRS qualified plans, are considered wages. Payments for compensatory time are also included up to 240 hours per year. In addition, the amendment lists several categories of payment to an employee that are not considered wages.
4. Code Section 97B.5 is amended to permit IPERS staff members to seek and hold nonpartisan, elective public offices. Previously, IPERS staff members were not allowed to seek or hold any elective public office.
5. New Code Section 97B.14A is created to require employers to report wages to the Department of Personnel in a manner and form as prescribed by the department. The new section also permits the department to seek additional information from an employer if the wages reported for an employee appear to be distorted and to require an employer to resubmit wage information if the wages for that employee were misreported.
6. The Act provides that persons employed by a municipal water utility or waterworks that has established an alternative pension and annuity retirement system for its employees pursuant to Code Chapter 412 may decide to become members of IPERS. The change provides that persons hired on or after July 1, 2000, will become members of IPERS unless they elect coverage in the alternative retirement system established in Code Chapter 412. Persons hired before July 1, 2000, become members of IPERS as of July 1, 2000, unless they opt for coverage in the alternative system by August 31, 2000. Persons who become members of IPERS pursuant to this Act have the ability to purchase service credit for time employed by a water utility or waterworks while covered under a retirement system established pursuant to Code Chapter 412.
7. Code Section 97B.44, governing the designation of a beneficiary for death benefits by a member, is amended to require that the member obtain the written consent of the member's spouse for an original or changed designation.
8. Code Section 97B.48A, subsection 1, is amended to increase the earned income limit before a member's retirement allowance is reduced pursuant to that section. Previously, a member could earn the greater of $12,000 or the amount of income permitted under federal social security before a reduction is potentially applied. This change provides that the $12,000 be increased to $14,000.
9. Code Section 97B.49B, concerning benefits provided to a member of a protection occupation, is changed by the Act. The Act provides for a modification, over time, of the applicable percentage used in calculating a protection occupation member's retirement benefit. Prior to July 1, 2000, a member received a benefit equal to 60 percent of the member's three-year average covered wage for 25 years of service with an additional 1 percent for up to five additional years of service exceeding 25 years of service. For those members retiring from July 1, 2000, to July 1, 2001, the Act provides for a 60 percent benefit for 24 years of service and an additional 1 percent for up to six additional years of service over 24 years. From July 1, 2001, to July 1, 2002, the Act provides for 60 percent for 23 years of service and an additional 1 percent for up to seven additional years of service over 23 years. From July 1, 2002, to July 1, 2003, the Act provides for 60 percent for 22 years of service and an additional 1 percent for up to eight additional years of service over 22 years. Finally, for those retiring on or after July 1, 2003, the Act provides for 60 percent for 22 years of service and an additional 1.5 percent for up to 8 additional years of service over 22 years. This change gradually provides that the percentage benefit allowed for a member of a protection occupation shall match the percentage benefit granted sheriffs, deputy sheriffs, and airport fire fighters under IPERS. In addition, the definition of "employees included in a protection occupation" is amended to add airport security employees covered by the state's merit system who carry or are authorized to carry a weapon for their jobs.
10. Code Section 97B.49F, governing the determination of the cost-of-living dividend, is amended. The dividend program for pre-July 1990 retirees is amended to provide that 100 percent, and not 80 percent, of the percentage based on the Consumer Price Index shall be used in calculating the appropriate percentage to use in determining the dividend adjustment each year. The current 3 percent annual limitation on this percentage is not changed by this Act.
11. Code Section 97B.49F, subsection 1, concerning the cost-of-living dividend, is amended to provide that the person eligible to receive the dividend must live until November 1 of any particular year to receive a dividend as of the last day of November for that particular year.
12. Code Section 97B.49F, subsection 2, concerning the favorable experience dividend, is amended. The change provides that the amount deposited in the reserve account of IPERS for the payment of this dividend each year shall not exceed the amount necessary to pay this dividend for the next 10 years.
13. Code Section 97B.49G is amended to add new subsection 12. This subsection provides that a person employed as a probation officer III or parole officer III, who was a member of the protection occupation for that service between July 1, 1994, and June 30, 1998, shall have the contributions that were contributed to the retirement fund in excess of the percentage applied to most IPERS members deposited in a separate additional contribution account. In addition, any service as a member of a protection occupation for that service will be credited as regular IPERS service. Any amount in that account, plus interest, will be available upon request of the member or upon retirement. Before July 1994, and after June 1998, probation and parole officer IIIs were not included in the protection occupation classification.
14. Code Section 97B.50, subsection 1, concerning early retirement, is amended to provide that a vested member can use the normal retirement date calculated using the rule of 88 for that member in determining the applicable reduction in the member's retirement allowance for an early retirement. Under current law, for each year a member retires prior to the normal retirement date, the applicable percentage multiplier is reduced by 3 percent. The Act provides that this change will not be implemented until January 1, 2001, or later, if the system can afford the change after the system determines that the death benefit as provided in this Act can be implemented.
15. New Code Section 97B.50A provides for disability retirement benefits for special service members of IPERS. A special service member of IPERS includes a person who is a member of a protection occupation or who is a sheriff, deputy sheriff, or airport fire fighter. An eligible special service member of IPERS who becomes disabled for duty while in the performance of the member's duty is entitled to an in-service disability retirement allowance equal to the greater of one-twelfth of 60 percent of the member's three-year average covered wage or the amount the member would receive under a normal retirement. For purposes of establishing an in-service disability, heart or lung disease is presumed to have been contracted while on duty. A member who becomes disabled and unable to perform the member's job is entitled to a monthly ordinary disability retirement allowance equal to the greater of one-twelfth of 50 percent of the member's three-year average covered wage or what the member would receive under a normal retirement. For both disability retirements, the Department of Personnel makes the decision as to whether the person is totally disabled. The new Code section also has provisions for offsets to disability allowances, reexamination of members on disability, reemployment, death benefits, establishing the medical board, and subrogation. The costs of administering the disability program shall be paid through contributions from the special service employees and their employers in the same manner as additional benefits are paid. The new Code section applies to a special service member who became disabled prior to July 1, 2000, if the member did not terminate the special service employment before July 1, 2000.
16. Code Section 97B.51, governing the retirement allowance options a retired IPERS member may select, is retained but rewritten and reordered to provide that all five primary options available to a member upon retirement are listed in the order IPERS refers to them in its administrative rules. In addition, the rewritten section provides a new option to a member retiring, which is reflected in subsection 1, paragraph "d", subparagraph (2). This option allows a member to obtain a decreased retirement allowance and to provide the member's beneficiary with a retirement allowance upon the member's death. The change from the current option reflected in subparagraph (1) is that the member can resume receiving an unreduced retirement allowance as otherwise calculated by Code Chapter 97B if the designated beneficiary dies before the retiree. The new option added by this Act is applicable on or after July 1, 2001.
17. Code Section 97B.52, governing the death benefit provided a beneficiary of a member who dies prior to retirement, is changed. The change provides that, for a member who dies on or after January 1, 2001, a beneficiary can elect to receive a death benefit equal to the current death benefit or an amount representing the actuarial value of the member's retirement benefit as of the date of death. The Act provides that a death benefit can be paid as an annuity only if there is one beneficiary and the beneficiary so elects. This change shall not be implemented until the system can afford it. Once this change is implemented, the Act also provides that a beneficiary of a member who died on or after January 1, 1999, and before the implementation of this section, is eligible to apply for the new death benefit.
18. Code Section 97B.52, new subsection 1A, provides for a $100,000 lump sum payment to a beneficiary of a special service member of IPERS who dies as a result of a traumatic personal injury incurred in the line of duty. The benefit is in addition to the death benefit currently provided to a member of IPERS.
19. Code Section 97B.52A, concerning bona fide retirement, is modified to permit an elective official, such as a mayor or a member of the General Assembly, to remain in that position and still receive a retirement allowance following termination of other covered employment so long as the elective official or member of the General Assembly is not contributing to IPERS coverage for the elected position. A corresponding change was made to Code Section 97B.1A, subsection 8, paragraph "a", subparagraph (1), in this Act to permit an elective official to opt out of IPERS coverage if the official terminates employment from all employment covered under this chapter other than employment as an elective official and applies to receive a retirement benefit under IPERS.
20. Code Section 97B.52A, concerning bona fide retirement, is also changed to provide that commencing July 1, 2000, a member has a bona fide retirement if the member does not return to any employment with a covered employer until the member has received at least one month of retirement benefits and does not return to any covered employment until the member has received at least four months of retirement benefits. Previously, a member had to receive four months of benefits before returning to any employment with a covered employer.
21. Code Section 97B.60 is amended to require an actuarial investigation of the experience of IPERS every four years beginning with an investigation in calendar year 2002. Previously, IPERS was required to conduct such an experience study every two years.
22. Code Section 97B.73 is amended to permit a member with five or more full calendar years of covered wages under IPERS to purchase service credit of up to five additional years under IPERS for comparable service as an employee in a qualified Canadian governmental entity which is a publicly supported elementary school, secondary school, or college or university in Canada. The purchase of membership service credit shall be the actuarial cost of the additional service.
23. New Code Section 97B.73B permits a person who served as a patient advocate appointed under Code Section 229.19 to obtain credit for that service. The new Code section provides that the employer of the patient advocate is liable for unpaid contributions for that service of up to a maximum of one year of service and allows the advocate to purchase additional service credit.
24. New Code Section 97B.80A permits a member with five or more full calendar years of covered wages under IPERS to purchase service credit of up to five additional years under IPERS for service as an employee of an employer defined in Code Chapter 97B when the employee did not otherwise qualify for coverage under IPERS for that service. The purchase of membership service credit shall be the actuarial cost of the additional service. An example of service eligible for this purchase would be temporary employment for the state, such as substitute teaching.
25. New Code Section 97B.80B permits a member with five or more full calendar years of covered wages under IPERS to purchase service credit of up to five years under IPERS for service in the federal Peace Corps Program. The purchase of membership service credit shall be the actuarial cost of the additional service.
26. The Act permits certain IPERS members who prior to July 1, 2000, elected to receive a retirement benefit upon reaching age 70 while still working, to have their retirement allowance recalculated upon termination of employment on or after January 1, 2000, based upon the applicable formula for calculating benefits in place at the time of the termination and not at the time the benefit was elected. This provision takes effect April 12, 2000, and is retroactively applicable to January 1, 2000.
27. The Act requires IPERS to conduct a study to consider various proposals to provide persons covered under IPERS increased portability of pensions earned prior to coverage under IPERS and of the pension earned under IPERS. IPERS is required to submit a report of its findings and recommendations to the Legislative Service Bureau by September 1, 2001, for distribution to the Public Retirement Systems Committee.

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

1. Code Section 400.8, governing civil service entrance examinations, is amended to provide that the physical examination of applicants for appointment to positions of police officer, police matron, and fire fighter shall be conducted by the medical board established under Code Chapter 411.
2. New Code Section 400.8A requires the board of trustees of the Code Chapter 411 retirement system, in consultation with the medical board established in Code Chapter 411, to establish and maintain protocols and guidelines for ongoing wellness and fitness of police officers and fire fighters while in service. The new section allows, but does not require, cities to apply the protocols and guidelines to their applicable employees.
3. Code Section 411.1, subsection 19, defining "surviving spouse," is amended. The change provides that a person who marries a retired member of the system after the member retired is the member's surviving spouse regardless of the length of the marriage. Previously, a person who married a retired member after retirement must be married for at least two years prior to the member's death to be considered a surviving spouse of the deceased member.
4. Code Section 411.4, governing the crediting of service, is amended. The change provides that a member can receive credit for a previous period of service under Code Chapter 411 if the member returned to service after an absence from service of less than four years. If the member returned to service after an absence of four or more years, the Act permits the crediting of prior service only if the prior service was long enough to allow for the receipt of a retirement allowance. Code Section 411.1, subsection 12, is also amended to provide that membership service means only that service credited to the member. The changes to Code Section 411.4 and to Code Section 411.1, subsection 12, take effect April 12, 2000, and are retroactively applicable to January 1, 1992.
5. Code Section 411.5, subsection 6, is amended to allow the release of otherwise confidential records under the board's control to a governmental entity for use in a civil or criminal law enforcement activity.
6. Code Section 411.5, subsection 8, concerning the composition and duties of the medical board, is amended. The Act provides that the system can designate a single medical provider network to arrange for the medical examinations required to be conducted and to assist the system in implementing the comprehensive disability program. The Act provides that a physician specializing in occupational medicine, and another physician specialist selected by that physician, shall conduct disability examinations as required by Code Chapter 411. Under prior law, three physicians are designated as the medical board and three physicians from the University of Iowa are required to conduct all disability examinations as required by Code Chapter 411. This section of the Act takes effect July 1, 2001.
7. Code Section 411.6, subsection 2, concerning the retirement allowance for a service retirement, is amended. The change provides, for members retiring on or after July 1, 2000, that the member will receive a service retirement equal to 66 percent of the member's average final compensation instead of the current 60 percent. In addition, the subsection is amended to provide that a member retiring on or after July 1, 2000, with more than 22 years of service will receive an increase in the percentage applied to the member's average final compensation of 2 percent for each year of additional service over 22 years, up to a maximum of eight additional years of service.
8. Code Section 411.6, subsection 5, concerning an accidental disability benefit, is amended to provide that a city shall notify the retirement system if a member is temporarily incapacitated for at least 60 days, or if the city expects a member to be temporarily incapacitated for at least 60 days. The change also provides that the medical board can consult with the member's treating physician during the incapacity. Previously, the system had no right to be involved until the city determined that the disability is likely to be permanent.
9. Code Section 411.6, subsection 7, concerning reexaminations of disability retirement beneficiaries, is amended. One change permits the medical board, when the medical board reexamines a disability-retired member, to suggest appropriate treatment or rehabilitation for the member if the medical board believes it might return the retired member to duty. The earnings test for disability retirement beneficiaries is also changed to provide that the test does not apply to a beneficiary who is 55 years old or older. Previously, the earnings test would still apply to a disability beneficiary over 55 if that beneficiary would not have completed 22 years of service if the beneficiary had remained in active service. Finally, Code Section 411.6, subsection 7, is amended by adding a new paragraph which provides that a disability retirement benefit shall cease if the member returns to duty in a public safety occupation. The Act defines "public safety occupation" as service as a special service member under IPERS, a member of PORS, or a member under Code Chapter 411, who was not restored to active duty.
10. Code Section 411.6, subsection 11, concerning pensions to the spouse or children of a deceased pensioned member, is amended to provide that a person over 22 years old, but who still meets the definition of "child" under the chapter, will receive a pension as provided in this subsection.
11. Code Section 411.6 is amended by adding new subsection 14, governing the designation of a death benefit beneficiary. The new subsection provides that a designation of a person other than the spouse of a member must have the consent of the spouse. In addition, a beneficiary designation is deemed revoked if the member marries, divorces or files a new designation.
12. Code Section 411.6, new subsection 15, provides for a $100,000 lump sum payment to a person authorized to receive an accidental death benefit if a member in service covered by the municipal fire and police retirement system dies as a result of a traumatic personal injury incurred in the line of duty. The benefit is in addition to the benefit currently provided for an accidental death while in the performance of duty. This provision takes effect April 12, 2000, and applies retroactively to January 1, 1992.
13. Code Section 411.6 is amended by adding new subsection 16, providing that a member otherwise eligible for a disability pension would be ineligible under certain circumstances if the disability was caused by the member's chemical dependency on certain controlled substances, an act in which the member is convicted of a felony, or by appropriate disciplinary actions taken against the member or conflicts at work.
14. Code Section 411.6 is amended by adding new subsection 17, providing that a member otherwise eligible for a pension would be ineligible for that period during which the member is incarcerated due to a conviction for a felony. The member's pension would be paid to the member's spouse, if any, and then to any children of the member. However, if no spouse or children exist, then the pension remains payable to the individual.
15. Code Section 411.11, concerning contributions to the system by a city, is amended. One change provides that if a member is awarded back pay from a city that would otherwise constitute earnable compensation under the chapter, contributions and interest on the back pay awarded shall be paid to the system. In addition, the back pay is then allocated to the member's earnable compensation for the period in which it would have been paid. Another change to the section allows the system to collect interest on unpaid contributions at a rate equal to the system's interest rate assumption or the interest charged by a bank on the system's short-term investment fund account. In addition, the system is granted the right to collect unpaid contributions from a city in a legal action with costs of the action assessed to the city if the system prevails. The changes to this section take effect April 12, 2000, and are retroactively applicable to January 1, 1992.
16. Code Section 411.22, concerning the system's right to maintain an action to recover benefits paid when a third party is liable, is amended to provide that the system is subrogated to the rights of a member's beneficiary who receives a death benefit for the death of a member in which a third party is liable. In addition, the section is changed to provide that the system is entitled to bring an action against a liable third party for lost earnings and lost earnings capacity prior to the time that the member or the member's estate has the right to seek recovery. Previously, the member had the right to seek legal action and the system was entitled to maintain an action only if the member failed to bring an action after the system requested the member to bring the action.

JUDICIAL RETIREMENT SYSTEM. The Act contains the following provisions relating to the judicial retirement system:

1. Code Section 602.9104, governing contributions from judges and the state to the judicial retirement system, is amended to provide that each judge will contribute 5 percent, instead of the current 4 percent, of the judge's salary to the fund.
2. Code Section 602.9107, governing the basic retirement annuity for a judge, is amended to provide that the maximum annuity for a judge retiring between July 1, 2000, and July 1, 2001, shall be limited to 56 percent of the judge's average annual salary for the last three years of service, while the maximum annuity for a judge retiring on or after July 1, 2001, shall be limited to 60 percent. Under current law, a judge receives an annuity based on 3 percent of salary multiplied by the number of years of service with a cap of 52 percent. The increase in this percentage is also applied to the calculation of a senior judge pension with the percentage to be applied to the benefits in existence as of the date the judge ceased to be a full-time judge.
3. The Act requires the State Court Administrator to notify the General Assembly when the system is about to achieve fully funded status based upon benefits authorized judges as of July 1, 2001, and to conduct a study, in consultation with the Iowa Judges Association, concerning the appropriate means of financing the system when the system reaches fully funded status. The Act provides that the intent of the General Assembly is that when the fund reaches fully funded status, the contributions to the system required from judges and the state should match the ratio of contributions from employees and employers under IPERS.

MISCELLANEOUS. The Act directs the Department of Management to conduct a study concerning the possible implementation of a system to provide retirement, and death and survivor benefits, to volunteer fire fighters and emergency medical service providers. The department shall submit a report to the General Assembly on the study by January 8, 2001.

SENATE FILE 2427 - Manufactured Homes -- VETOED BY THE GOVERNOR (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This bill would have modified the definition of a factory-built structure to specifically include a mobile home, manufactured home, or a modular home as those terms are defined in Code Section 435.1, and would have provided for the certification of manufactured home installers pursuant to rules adopted by the State Building Code Commissioner. The proposed amendment to the definition adds modular homes to current law governing factory-built structures. A person who installs manufactured homes would have been certified by the State Building Code Commissioner. The commissioner would have established a fee for certification of the installers. All fees collected would have been credited to the General Fund of the State and would have been appropriated to the commissioner to pay the costs of administering the certification process.

   The bill also would have established a civil penalty, not exceeding $1,000 per violation, which could have been assessed by the State Building Code Commissioner against a person who violated a manufacturing or installation standard or failed to allow or perform an act required by Code Chapter 103A or rules of the commissioner. Each violation involving a separate manufactured home or a separate failure or refusal to allow or perform an act required by Code Chapter 103A or by rule would have constituted a separate offense. The maximum civil penalties for a series of violations occurring within one year from the date of the first violation could have not exceeded $1,000,000.

   The bill would have authorized a separate civil action by any person who is injured in person or property by reason of another person's violation of any of the standards adopted for the installation of manufactured homes.

HOUSE FILE 475 - Terminology Changes -- Armed Forces -- Gender -- Lessors of Property (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act makes changes to the Code by modifying language that may be gender specific.

   Code Sections 331.441 and 602.8105 are amended to change references to soldiers, sailors and marines, to members of the armed services.

   Code Section 554.1102 is amended and Code Section 633.4 is repealed to eliminate provisions indicating that reference to the masculine includes the feminine. In both instances, the Code does not make a specific reference to the masculine, making the language in these two Code sections unnecessary.

   The Act also directs the Code Editor to substitute the words "property lessor" and "property lessor's" for "landlord" and "landlord's," respectively, in the Code unless a contrary intent is clearly evident. However, this provision, changing landlord to property lessor, is repealed in S.F. 2452 (see Appropriations).

HOUSE FILE 686 - Dental Assistants -- Registration and Scope of Authority (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides that individuals practicing as dental assistants are required to register with the Board of Dental Examiners. The Act provides a scope of practice for registered dental assistants performing delegated functions under the supervision of a licensed dentist, and authorizes the board to establish and regulate by rule dental assistant registration, renewal, and continuing education requirements, as well as standards relating to the revocation or suspension of registration.

   The Act provides that registration requirements shall include both education components and an examination. The Act provides that the education requirements will be determined by the board by rule, and can be satisfied either through formal classes or by job equivalency training. The examination will include sections regarding infection control, hazardous materials, and jurisprudence.

   The Act additionally provides that an individual employed as a dental assistant as of July 1, 2001, shall be registered with the board and receive a certificate of registration, and that an individual becoming employed as a dental assistant after July 1, 2001, will have a 60-day period to become registered from the date of employment. The Act provides a legislative intent provision that the board adopt rules on or before January 1, 2001, concerning dental assistants and that in developing the rules, the board shall consider the recommendations of the scope of practice review committee relating to practice as a dental assistant, and that specified services shall not be delegated to a dental assistant. The Act provides that the legislative intent provision regarding the adoption of rules by January 1, 2001, takes effect February 23, 2000.

HOUSE FILE 2113 - Recognition of Federal Rights and Service -- VETOED BY THE GOVERNOR (full text of act)

   BY BRADLEY. This bill authorized and requested the Governor to issue annually a proclamation designating December 15, the month and day of ratification in 1791 of the first 10 amendments to the Constitution of the United States, as "Bill of Rights day." The bill also provided that persons recognized by the U.S. armed forces as retired from the U.S. armed forces are considered to be "retired" for purposes of obtaining a U.S. armed forces retired motor vehicle license plate.

HOUSE FILE 2136 - 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.

   Changes made include updating or correcting various names of public and private entities, updating various forms, deleting references to events or things which no longer exist, and correcting internal Code and subject matter references, as well as making various grammatical corrections. Subject matter areas in which the technical, grammatical, and other nonsubstantive changes are made include the following: sale of condemned property, the Department for the Blind, the Linked Investments for Tomorrow Act, the Traditional Livestock Producers Linked Investment Loan Program, Iowa Agricultural Industry Finance loans, the appointment of the Executive Director of the Commission of Veterans Affairs, elections, workers' compensation contested cases, transportation of anhydrous ammonia, medical clinical education programs, brain injuries, area health education centers, the primary care collaborative work group, contagious and infectious diseases, the Agricultural Energy Management Advisory Council, brucellosis control in swine, hog-cholera vaccines and serum, excise taxes on turkeys, commitment of sexually violent predators, a health professional training campaign concerning substance abuse and pregnancy, the Leadership Council for Child Care Training and Development, payment of medical claims from the University of Iowa Hospitals and Clinics, the public schools' gifted and talented programs, the Osteopathic Physician Recruitment Program, the Center for Health Effects of Environmental Contamination, at-risk educational programming for young children, fencing materials requirements, sales and use taxes on aircraft, tax credits for cow-calf operations, elections for local option taxes, property tax valuations and exemptions, tax deeds, sewer and water supply systems, petroleum underground storage tanks, nonprofit health care service corporation contracts, the Iowa Comprehensive Health Insurance Association, rental company insurance sales, the Uniform Commercial Code, child custody proceedings, probate, habeas corpus, and sex offender registration. The Act also corrects the Code based on the change in the century to eliminate references to the 1900s where the current year is intended.

HOUSE FILE 2153 - Drug Policy Coordination (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act deals with the coordination of drug policy at the state level.

   The Act changes the name of the Drug Enforcement and Abuse Prevention Coordinator to the Drug Policy Coordinator. In addition, the Act provides that the coordinator shall direct the Governor's Office of Drug Control Policy. Prior references to the Governor's Alliance on Substance Abuse in the Code are amended and replaced with reference to the Governor's Office of Drug Control Policy.

   The Act also repeals the provision establishing the Narcotic Enforcement Advisory Council and changes the name of the Drug Abuse Prevention and Education Advisory Council to the Drug Policy Advisory Council and adds enforcement to one of its areas of concern. In addition, the membership on the Drug Policy Advisory Council is expanded to 15 members by adding a member from the Division of Criminal and Juvenile Justice Planning, a certified substance abuse prevention specialist, a substance abuse treatment program director, a justice or judge selected by the Chief Justice of the Supreme Court, and representatives of the Iowa Association of Chiefs of Police and Peace Officers, the Iowa State Police Association, and the Iowa State Sheriffs' and Deputies' Association.

HOUSE FILE 2206 - Waiver or Variance of Administrative Rules (full text of act)

   BY COMMITTEE ON ADMINISTRATIVE RULES REVIEW. This Act provides statutory guidelines for the waiver of administrative rules by state agencies. The Act permits a state agency, upon petition by a person, to grant a waiver or variance from an administrative rule of that agency at the discretion of the agency. The Act provides that a petition for a waiver or variance of a rule shall be granted only if the agency has jurisdiction over the rule and establishes a procedure permitting the issuance of waivers or variances, and the law otherwise permits the granting of a petition for waiver or variance. The Act provides that the burden of persuasion is on the person seeking a waiver or variance and provides that a petition for waiver or variance can be granted only if the agency finds, by clear and convincing evidence, that the rule would constitute an undue hardship, that the waiver would not prejudice others, that the specific rule provision is not mandated by statute, and that substantially equal protection of health and safety can be afforded by means other than the rule. The Act provides that waivers or variances should be narrowly drawn and should, if possible, be temporary in nature.

   The Act also requires that the Administrative Code Editor and Administrative Rules Coordinator establish a means to identify rules for which a petition for a waiver or variance has been granted or denied. In addition, each agency shall, on a semiannual basis, prepare a report concerning its actions on waivers and variances.

HOUSE FILE 2220 - Public Information Requests -- Internet Protocol Numbers -- Confidentiality (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act amends the Public Records Law by providing that the portion of a record request that contains an Internet protocol number which identifies the computer from which a person requests a record shall be kept confidential by a governmental body, whether the person using such computer makes the request through the IowAccess Network or directly to a lawful custodian, unless the person requesting the record gives express written consent to the release of that portion of the record. The record would also be subject to release pursuant to a court order under current law.

HOUSE FILE 2442 - International Relations (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act relates to international relations by establishing an International Relations Advisory Council, a legislative branch protocol officer, and an executive branch protocol officer, and by directing the International Relations Committee of the Legislative Council to develop protocol for state, national and international visitors to the Capitol.

   The International Relations Advisory Council is to coordinate state and local international relations activities through both the public and private sectors, and is to provide recommendations relating to international relations activities to the Governor and the General Assembly. The council membership includes the cochairpersons of the International Relations Committee, or their designees; four members of the General Assembly; the directors of the departments of Economic Development, General Services, Workforce Development, Cultural Affairs, Education Public Health, or their designees; the Secretary of Agriculture, or the secretary's designee; and representatives of agriculture, private business and industry, international programs provided through universities and colleges in the state, Iowa Sister States, the Refugee Services Center of the Department of Human Services, and others selected by the Legislative Council based on recommendations by the International Relations Committee. The cochairpersons of the Advisory Council are the cochairpersons of the International Relations Committee. The Act specifies the duties of the council.

   The Act directs the International Relations Committee of the Legislative Council to establish and utilize protocol for state, national and international visitors. In developing the protocol the committee is directed to work with the executive and legislative branch protocol officers.

   The Act establishes the position of legislative branch protocol officer to coordinate activities related to state, national and international visitors to the State Capitol or with an interest in the General Assembly, and related to travel of members of the General Assembly abroad. The legislative branch protocol officer is to act in a consultative capacity and provide staff support to the International Relations Advisory Council, to cooperate with the executive branch protocol officer in coordinating state, national and international relations activities, and to submit periodic reports to the International Relations Committee regarding the visits of state, national and international visitors and regarding international activities.

   The Act provides that the Lieutenant Governor or the Lieutenant Governor's designee is the executive branch protocol officer. The executive branch protocol officer is directed to act in a consultative capacity to the International Relations Advisory Council, to work with the International Relations Committee and with the legislative branch protocol officer in developing and implementing protocol for state, national and international visitors to the State Capitol, and to improve coordination between legislative and executive branch international relations activities.

HOUSE FILE 2463 - Department of Personnel -- Miscellaneous Provisions (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act makes several changes to provisions concerning the Department of Personnel and state employees.

   The Act makes changes concerning the responsibilities of the department by adding dental insurance to the list of benefit programs administered by the department, specifying that the department will have the primary responsibility for coordinating and managing the state's Human Resource Information System; and changing the name of the Governor's task force that is responsible for equal employment opportunity from the Affirmative Action Task Force to the Equal Opportunity in Employment Task Force.

   Code Section 19A.2A is amended to provide that appointments to positions covered by the merit system can be made by using appropriate screening methods in addition to examinations.

   Code Section 19A.3, governing exceptions to the applicability of the merit system to certain persons, is amended to expand the exception to merit system coverage for persons who are paid on a contract-for-services basis to all persons and not just part-time persons. Residents, patients and inmates in state institutions are permanently excluded from coverage under the merit system. The exemption to the merit system for the superintendent, deputy and employees of the Savings and Loan Division of the Department of Commerce is eliminated.

   Code Section 19A.8, governing the duties of the Director of the Department of Personnel, is amended to eliminate the provision that excludes Board of Regents employees from the list of state employees, and their pay, that the director is required to maintain. The director is required to report to the Governor concerning the operation of Code Chapter 19A on an annual, and not a semiannual, basis. In addition, the director is permitted to delegate various aspects of the hiring processes to an executive branch agency at the request of the agency and upon the approval of the director. In addition, the department is allowed to utilize other executive branch employees to recruit and examine prospective state employees.

   The Act makes several changes to Code Section 19A.9, which provides for rules adopted by the department concerning the administration of the merit system and the requirements of Code Chapter 19A. The Act provides that appeals of job classification decisions are to be heard by a committee appointed by the director rather than as provided by the state Administrative Procedure Act. In addition, provisions governing applicants for positions, promotions, and rejections of applicants are amended to provide hiring entities increased flexibility in these decisions as it relates to the use of examinations. The requirement that the appointment of state employees be limited to candidates with the highest six examination scores on the list of candidates is eliminated. The requirement that departments notify the director of the department whether a probationary employee is satisfactory is eliminated. Rules governing temporary employment and references to emergency and intermittent employment are also eliminated.

   The department is permitted to provide rules for the transfer of employees from a position in a department to a similar position in the same department.

   Code Section 19A.9, subsection 12, is amended to permit a former state government employee who resigned in good standing to return to state government employment at any time and receive the same vacation and sick leave accrual rate as the employee enjoyed at the time of resignation. The change to this subsection takes effect May 8, 2000, and is retroactive to January 1, 2000.

   Code Section 19.A.9 is also amended to establish a performance management system in which appointing authorities may use the information in the system to make decisions related to salary increases, promotions, layoffs, reinstatement, evaluation, and other personnel decisions related to the employee. In addition, an appointing authority is allowed to equally weigh an employee's performance and length of service in making a layoff decision rather than giving first preference to the employee's performance. The Act also restricts recall to state employment to the organizational unit from which an employee was subject to layoff.

   New Code Section 19A.12D creates the Iowa State Employee Deferred Compensation Match Trust Fund. The director of the department administers the fund and funds held in this trust account can only be held for the exclusive benefit of the participants or their beneficiaries in the plan.

   New Code Section 19A.12E establishes a Dependent Care Spending Account Trust Fund. The fund consists of participant moneys that are used to pay dependent care claims and administrative costs. The moneys in the fund can only be used for the exclusive benefit of participants in this benefit program and shall be administered consistent with Sections 125 and 129 of the federal Internal Revenue Code. The director is the trustee of the fund. This new section takes effect May 8, 2000, and is retroactively applicable to January 1, 2000.

   Code Section 19A.13 is amended to permit the director to certify payrolls every year instead of every six months.

   Code Section 19A.16 is amended to provide that when the department provides services to a political subdivision of the state, reimbursement will be made to the department and not to the state.

   Code Section 19A.35 is amended to provide that administrative charges paid by state departments and agencies relating to the State Employee Health Flexible Spending Account Trust Fund shall be deposited in the fund.

   Code Section 70A.16, governing interview and moving expenses, is amended to allow an appointing authority to reimburse the expenses of a person interviewing for a position in state government in an amount different than the rate for reimbursement of expenses for a state employee on state business.

   Code Section 70A.25 is amended to provide that educational leave or assistance to a state employee need not be limited to education that benefits the employee in the employee's current job but can also apply to a position to which the employee may be assigned.

   Code Section 70A.31, governing eligibility for the Phased Retirement Incentive Program, is amended to permit participation for any length of time up to five years. Previously, the law required participation for five years.

HOUSE FILE 2557 - Unclaimed Property (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act requires, under the state's "Disposition of Unclaimed Property" chapter, a holder of abandoned property to keep records of the property for up to four years after the holder has filed the required report with the Treasurer of State. The Act also requires the Treasurer of State to give notice of intended action by December 31, 2000, and to adopt rules providing for the conditions and requirements for entering into a contract with an independent auditor to conduct examination of records on behalf of the Treasurer of State. The rules must contain, at a minimum, the procedures and conduct of the independent auditor in making the examination, the method for payment, the requirement for confidentiality, and procedures for appeals by the person whose records are examined.

RELATED LEGISLATION

SENATE FILE 2091 -- Discontinuance of Cities -- Procedures (Complete summary under LOCAL GOVERNMENT.)

   This Act provides alternative procedures for discontinuation of a city. The City Development Board shall take control of the property of the discontinued city after approval of a resolution of discontinuance by the city council if a petition for an election on the resolution is not filed within 30 days, or after an election approving discontinuance.

SENATE FILE 2143 -- Games and Raffles (Complete summary under GAMING.)

   This Act authorizes parent-teacher organizations or school booster clubs to be licensed to conduct games of chance and raffles for the benefit of a school or school district with a notarized letter from a superintendent, principal or school board president, in lieu of eligibility for exemption from federal income taxes, and requires a licensee who receives 90 percent of its income from bingo, raffles and small games of chance to contribute at least 75 percent of the licensee's net receipts to an unrelated entity for public, charitable, civic, educational, patriotic, or religious uses of an unrelated entity.

SENATE FILE 2145 -- National Crime Prevention and Privacy Compact (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act creates and organizes an electronic sharing system between the federal government and the states for the purpose of exchanging criminal history records for background checks. The Act requires the Commissioner of Public Safety to implement and administer the sharing of criminal history records.

SENATE FILE 2274 -- Gubernatorial Executive Orders -- Null and Void -- VETOED BY THE GOVERNOR (Complete summary under LABOR & EMPLOYMENT.)

   This bill declared null and void Executive Order Number 7, which relates to equal opportunity and affirmative action programs in state employment, and Executive Order Number 11, which requires each state agency to initiate rulemaking proceedings to adopt uniform waiver rules.

SENATE FILE 2302 -- Public Health Programs and Issues (Complete summary under HEALTH & SAFETY.)

   This Act makes changes relating to programs under the purview of the Iowa Department of Public Health, and does the following:

• Eliminates the requirement that health care professional licensing boards maintain a handwritten registry book and identify the registry entry on every license issued.
• Changes the period of licensure for resident physicians and osteopathic physicians and surgeons from one year to a period as determined by the Board of Medical Examiners.
• Eliminates the right of a physical therapist assistant to petition the Physical Therapy Examiners Board for a waiver of the education requirements.
• Permits occupational therapists to provide occupational therapy without referral from a physician, podiatric physician, dentist, or chiropractor, except that a hospital may require review and authorization by a member of the hospital medical staff prior to performance of occupational therapy.
• Eliminates the provision that allowed students who were enrolled in a course of study for registered nurses on June 30, 1995, and thereby impacted by the change in the law in 1995, to apply that education to a license as a practical nurse.
• Eliminates the use of practical examinations for licensure of audiologists.
• Requires an applicant for licensure as an independent social worker to possess a master's or doctoral degree specifically in social work.
• Eliminates oral examinations and an internship proficiency requirement for licensure as a funeral director, provides for the establishment of practicums in mortuary science through rule of the Board of Mortuary Science Examiners, and directs the board to regulate the registration, training and fees for such practicums.
• Expands the duties and authority of the State Medical Examiner, and provides the State Medical Examiner with protection similar to that which was provided under the Department of Public Safety, for preliminary findings, reports of findings, and investigations related to autopsies.

SENATE FILE 2303 -- Administration of Justice -- Appointments -- Benefits -- Magistrate Apportionment (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act makes changes in the Code relating to benefits applicable to Judicial Branch employees and in the manner of making certain quasi-judicial appointments. The Act permits the Judicial Branch to establish a benefits plan for its employees and allows the branch to extend certain benefits relating to sick leave to employees not covered by a collective bargaining agreement which are consistent with benefits applied to employees covered by a collective bargaining agreement.

SENATE FILE 2307 -- Public and Workplace Safety and Wage Payment Collection (Complete summary under LABOR & EMPLOYMENT.)

   This Act makes changes or adds to definitions in the Boiler and Unfired Steam Pressure Vessels Law and the Elevator Law, and specifically provides for the applicability of the Iowa Wage Payment Collection Law to an employer's former employees.

SENATE FILE 2327 -- Purchase or Condemnation of Property by Utilities (Complete summary under LOCAL GOVERNMENT.)

   This Act amends H.F. 2528 (see Local Government) to provide that the requirement of a public hearing under Code Section 6B.2A, when a utility is condemning property for construction of an electronic transmission line or gas pipeline, is satisfied when a utility conducts an informational meeting as required under Code Chapter 478 or 479.

SENATE FILE 2348 -- Loess Hills Development and Conservation Authority -- Hungry Canyons Alliance -- Loess Hills Alliance (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act creates a Hungry Canyons Alliance, includes agricultural producers owning real property within the loess hills landform as members of the Loess Hills Alliance, and directs state agencies to coordinate, cooperate and consult with the Loess Hills Development and Conservation Authority and its alliance on matters relating to the loess hills.

SENATE FILE 2360 -- Human Services -- Administration and Employment (Complete summary under HUMAN SERVICES.)

   This Act relates to various state and local administrative provisions involving human services and includes an authorization for the Director of Human Services to assign administrative authority over the four state mental health institutes and the two state hospital-schools (renamed by this Act as state resource centers).

SENATE FILE 2371 -- Water Quality Initiatives (Complete summary under ENVIRONMENTAL PROTECTION.)

   This Act provides for the establishment of water quality initiative programs and monitoring by the Department of Agriculture and Land Stewardship and the Department of Natural Resources, including a conservation buffer strip program, the Conservation Reserve Enhancement Program, and a water quality protection program.

SENATE FILE 2429 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

   This Act provides that an amount of the tax revenue received by the state Racing and Gaming Commission pursuant to Code Section 99D.15 equal to 0.3 percent of the gross sum wagered by the pari-mutuel method is appropriated to the Iowa Department of Public Health. The Act provides that out of this amount, not more than $50,000 shall be used to supplement amounts otherwise budgeted for the Childhood Lead Poisoning Prevention Program. The Act provides that remaining moneys shall be used for costs associated with the Child Fatality Review Committee provisions under Code Section 135.43 as enacted by 2000 Iowa Acts, Chapter 1137, the expansion of the age range for child death case review provisions as enacted under 2000 Iowa Acts, Chapter 1051, and the Iowa Domestic Review Team provisions as enacted under 2000 Iowa Acts, Chapter 1136.

SENATE FILE 2430 -- Appropriations -- Agriculture and Natural Resources (Complete summary under APPROPRIATIONS.)

   This Act relates to agriculture and natural resources by making appropriations to support related entities. The Act also makes a number of statutory changes. The Act establishes a pilot project involving the refund of moneys paid to the Department of Natural Resources (DNR) for issuing stormwater discharge permits. It requires the Department of Agriculture and Land Stewardship and the DNR to notify members of the General Assembly of any transfer of moneys for full-time equivalent positions made by either department that is not authorized by the General Assembly. It requires the Department of Agriculture and Land Stewardship to publicize the availability of farm programs to women and minority persons. It provides for the inspection of aboveground petroleum storage tanks by the State Fire Marshal. It establishes an International Relations Fund in order to support costs incurred by the Department of Agriculture and Land Stewardship in promoting the sale of Iowa agricultural products. Finally, the Act prohibits a person from selling or storing methyl tertiary butyl ether (MTBE), other than in "trace amounts," and provides requirements for decals identifying oxygenate enhancers, including methanol, appearing on motor vehicle fuel pumps.

SENATE FILE 2433 -- Appropriations -- State Government Technology and Operations (Complete summary under APPROPRIATIONS.)

   This Act creates an operations revolving fund to be administered by the Information Technology Department for the operations of the department. The Act amends provisions relating to IowAccess transferring duties and responsibilities associated with IowAccess to the Information Technology Department. These provisions take effect April 25, 2000.

SENATE FILE 2435 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

   This Act provides appropriations to the Department of Human Services for FY 2000-2001 and includes provisions related to human services and health care. The Act includes numerous provisions involving health-related and other services, including Medical Assistance, mental health and developmental disabilities services, prevention of disabilities, substance abuse services, child and family services, child support recovery, and child care.

SENATE FILE 2443 -- Lottery Compacts or Agreements (Complete summary under GAMING.)

   This Act authorizes the Iowa Lottery Board and the Commissioner of the Lottery to enter into compacts or agreements with other states or territories of the United States, one or more political subdivisions of another state or territory of the United States, or a lottery operated outside of the United States.

SENATE FILE 2450 -- Compensation for Public Employees (Complete summary under APPROPRIATIONS.)

   This Act relates to and appropriates $42.2 million for FY 2000-2001 to fund salary adjustments for state elected officers, state appointed nonelected officers, justices, judges, magistrates, employees subject to collective bargaining agreements, and certain noncontract employees.

SENATE FILE 2452 -- Miscellaneous Appropriations and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division VI of this Act eliminates the three-month time limit for filing a claim against the state as a reason for disallowing a claim.

HOUSE FILE 2008 -- Hunting, Fishing, and Fur Harvesting -- Residency Status (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act authorizes a military person who is on active duty, and on authorized leave, to hunt or fish without a license if the military person is carrying leave papers and a copy of the person's earnings statement showing a deduction for Iowa income taxes or, in lieu of the earnings statement, the military person claims residency by being registered to vote in this state.

HOUSE FILE 2039 -- Miscellaneous Appropriations, Reductions, Supplementals, Transfers, and Credits (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by providing for reductions and supplementation of appropriations for FY 1999-2000 and includes reductions in state government administration and regulation functions, technology initiatives, and salary adjustment and travel funding for state employees.

HOUSE FILE 2090 -- Department of Natural Resources -- Forests and Forestry Division (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act changes the name of the Forests and Forestry Division of the Department of Natural Resources to the Forests and Prairies Division and expands its duties to include administering programs for prairie management assistance to private and public landowners.

HOUSE FILE 2099 -- Beginning Farmer Loan Program Eligibility (Complete summary under AGRICULTURE.)

   This Act amends eligibility requirements for participation in programs administered by the Agricultural Development Authority.

HOUSE FILE 2105 -- Nurse Licensure Compact (Complete summary under HEALTH & SAFETY.)

   This Act provides for the adoption of the Nurse Licensure Compact. The compact facilitates the mutual recognition of a nursing license issued by a nurse's home state by all states which are party states to the compact.

HOUSE FILE 2205 -- Electronic Commerce (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act creates new Code Chapter 554D, relating to electronic transactions, which replaces Code Chapter 554C, enacted during the 1999 Session. The Act provides that a governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. The Act also provides for the acceptance and distribution of electronic records by state governmental agencies and provides that a governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

HOUSE FILE 2328 -- Dairy Trade Practices Regulation (Complete summary under AGRICULTURE.)

   This Act repeals Code Chapter 192A, which regulates trade practices in the dairy industry as administered by the Department of Agriculture and Land Stewardship.

HOUSE FILE 2329 -- Linked Investment Programs -- Qualification Period (Complete summary under AGRICULTURE.)

   This Act amends several provisions providing for linked investment programs administered by the Treasurer of State.

HOUSE FILE 2333 -- Emergency Medical Care Providers -- Authority to Provide Services (Complete summary under HEALTH & SAFETY.)

   This Act provides for changes relating to the authorization of emergency medical care providers to provide emergency and nonemergency medical care services.

HOUSE FILE 2376 -- Veterans Preference -- Public Employment (Complete summary under LABOR & EMPLOYMENT.)

   This Act provides that at the time of application for appointment or employment in a public position in this state or at an interview for the position, a military veteran applicant may request notification of refusal only, or notification of refusal and the specific grounds for refusal, which shall be sent within 10 days after the successful applicant is selected.

HOUSE FILE 2394 -- Frozen Food Locker Plant Regulation (Complete summary under AGRICULTURE.)

   This Act repeals Code Chapter 172, which provides for the regulation of frozen food locker plants by the Department of Agriculture and Land Stewardship.

HOUSE FILE 2424 -- Lewis and Clark Bicentennial (Complete summary under ECONOMIC DEVELOPMENT.)

   This Act creates an Iowa Lewis and Clark Bicentennial Commission and Fund for the purposes of coordinating and promoting the observance of Iowa's bicentennial commemoration of the Lewis and Clark Expedition.

HOUSE FILE 2431 -- Ethics and Campaign Disclosure -- Regulation and Enforcement (Complete summary under ELECTIONS, ETHICS & CAMPAIGN DISCLOSURE.)

   This Act relates to Ethics and Campaign Disclosure Board procedures and to conflicts of interest of public officers and employees.

HOUSE FILE 2458 -- Transportation -- Aviation (Complete summary under TRANSPORTATION.)

   This Act directs the departments of Economic Development and Transportation to jointly establish a committee on air service.

HOUSE FILE 2492 -- State and Municipal Agencies -- Fire and Emergency Medical Services -- Townships (Complete summary under LOCAL GOVERNMENT.)

   This Act makes several changes to the Code relating to fire protection service and emergency medical service. The Act provides that state employees who are volunteer fire fighters or emergency medical service personnel are entitled to a paid leave of absence to respond to emergency calls. The Act also establishes the State Fire Service and Emergency Response Council in the Division of Fire Protection of the Department of Public Safety, increases the duties of the Labor Commissioner, and renames and moves the Fire Service Institute to the Division of Fire Protection of the Department of Public Safety to be operated under the direction of the State Fire Service and Emergency Response Council.

HOUSE FILE 2513 -- Uniform Commercial Code -- Secured Transactions (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act adopts revisions to Article 9 of the Uniform Commercial Code as proposed by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and conforming amendments to a number of articles within that Code chapter, as well as other chapters providing for security interests and liens, which provide for the creation, priority and enforcement of creditors' consensual liens, which are defined as security interests in personal property and fixtures.

HOUSE FILE 2519 -- Probation and Parole Administration (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act establishes the position of vice chairperson on the Board of Parole. The vice chairperson shall be appointed from the members on the Board of Parole by the Governor and shall be a full-time, salaried member of the board. The Act takes effect May 9, 2000.

HOUSE FILE 2528 -- Condemnation of Property -- Miscellaneous Provisions (Complete summary under LOCAL GOVERNMENT.)

   This Act makes several changes to the law relating to the condemnation of private property by an acquiring agency.

HOUSE FILE 2545 -- Appropriations -- Administration and Regulation (Complete summary under APPROPRIATIONS.)

   This Act relates to and appropriates $90.4 million from the General Fund of the State to various state departments, agencies, funds, and certain other interstate and national entities and authorizes 1,909.4 full-time equivalent positions for FY 2000-2001. The state departments and agencies include the Auditor of State, Iowa Ethics and Campaign Disclosure Board, Department of Commerce, Department of General Services, Capitol Planning Commission, Office of Governor including the Lieutenant Governor and Terrace Hill quarters, Department of Inspections and Appeals, Department of Management, Department of Personnel, Iowa Public Employees' Retirement System, Department of Revenue and Finance, Secretary of State, Office of State-Federal Relations, and Treasurer of State.

HOUSE FILE 2579 -- Tobacco Settlement Authority Act (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act establishes new Code Chapter 12E, the "Tobacco Settlement Authority Act." The Act creates a tobacco settlement authority which is authorized, subject to a program plan, to invest funds available, including all or a portion of the state's share of the master settlement agreement entered into by the state with tobacco companies, to establish a stable source of revenue to be used for the purposes of the Tobacco Settlement Endowment Fund. The powers of the authority are vested in a board consisting of the Treasurer of State, the Auditor of State, and the Director of the Department of Management. The Act establishes a Tobacco Settlement Trust Fund under the control of the authority. The fund is to consist of moneys paid to the authority and not pledged to the payment of bonds or otherwise obligated. New Code Chapter 12E is repealed March 1, 2001. The Act takes effect May 19, 2000.

House Joint Resolution 2014 -- World Food Prize Awards Ceremony (Complete summary under ALCOHOL REGULATION & SUBSTANCE ABUSE.)

   This Resolution authorizes the consumption of wine at an awards ceremony to be held by the World Food Prize Foundation at the State Capitol on or around October 12, 2000.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: WED June 28 2000
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