2001 Summary of Legislation STATE GOVERNMENT Published by the Iowa General Assembly -- Legislative Service Bureau

STATE GOVERNMENT LEGISLATION

SENATE FILE 185 - Factory-Built Structures - Manufactured Home Installer Certification (full text of act)

   BY COMMITTEE ON COMMITTEE ON WAYS AND MEANS. This Act modifies the definition of a factory-built structure to specifically include a mobile home, manufactured home, or a modular home and provides for the certification of manufactured home installers pursuant to rules of the State Building Code Commissioner. The commissioner may establish a fee for certification of installers. All fees collected are credited to the General Fund of the State and appropriated to the commissioner to pay the costs of administering the certification process.

   The Act also provides that a governmental subdivision shall not require that a factory-built structure, manufactured in accordance with federally mandated standards, be renovated to meet the State Building Code or another building code adopted by the subdivision when the factory-built structure is moved from one location to another unless the renovation is in conformity with those specifications for the factory-built structure which existed when it was manufactured, or the factory-built structure is being rented for occupancy. The Act also provides that an existing factory-built structure which is not constructed in compliance with federally mandated standards may be moved from one mobile home park to another without being required to be renovated to comply with the State Building Code or another building code adopted by a governmental subdivision unless the factory-built structure is being rented for occupancy or has been declared a public nuisance.

   The Act establishes a civil penalty, not exceeding $1,000 per violation, which the State Building Code Commissioner may assess against a person who violates a manufacturing or installation standard or fails to allow or perform an act required by the State Building Code or rules of the commissioner. Each violation involving a separate manufactured home or a separate failure or refusal to allow an act to be performed or to perform an act as required by the State Building Code or a rule constitutes a separate offense. The maximum civil penalties for a series of violations occurring within one year from the date of the first violation shall not exceed $1 million.

SENATE FILE 323 - Investments by Municipal Utility Retirement Systems (full text of act)

   BY DRAKE. This Act makes investments by municipal utility retirement systems subject to the standards that apply to investments for the Iowa Public Employees' Retirement Fund contained in Code Section 97B.7, subsection 2, paragraph "b," except that permissible investments are limited to those investments authorized in Code Section 12B.10, subsection 5, and investments in certain diversified commingled investment funds. The Act also exempts investments by municipal utility retirement systems from the standards for investment of public funds that are otherwise specified in Code Section 12B.10, subsection 6, 12B.10B, subsection 3, or 12B.10C.

SENATE FILE 344 - Confidential Public Records - Communications From Persons Outside of Government (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act amends Iowa's Open Records Law to provide that communications made to a government body by persons outside of government concerning a consulting or contractual relationship or an arrangement for compensation with a government body are records open to the public.

SENATE FILE 384 - Credit Union Division Employee Compensation (full text of act)

   BY COMMITTEE ON COMMERCE. This Act provides that employees of the Credit Union Division of the Department of Commerce who are appointed by the Superintendent of Credit Unions to examine accounts shall be paid according to a pay plan that is substantially equivalent to that paid by the National Credit Union Administration and other federal supervisory agencies in this area in the United States.

SENATE FILE 497 - Iowa Public Employees' Retirement System - Administration and Investments (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act modifies the governance and structure of the Iowa Public Employees' Retirement System (IPERS). Under current law, IPERS is administered by the Department of Personnel through the chief benefits officer and the chief investment officer, both of whom are selected by the department. The Treasurer of State is the trustee of the IPERS Retirement Fund, and the IPERS Investment Board is statutorily required to advise the department in the formulation of the investment policy for the fund.

   Under the Act, IPERS remains within the Department of Personnel. However, the management of IPERS is made the direct responsibility of the newly created IPERS Division within the department, and all powers and duties currently given to the Department of Personnel to manage and operate IPERS are given to the division. A chief executive officer, who shall manage the division, shall be appointed by the Governor and be subject to confirmation by the Senate and can only be removed from office for malfeasance in office. The Act requires that the qualifications for chief executive officer include management-level pension fund administration experience. The Act also requires the chief executive officer to employ a chief investment officer who shall be selected following consultation with the investment board and a chief benefits officer who shall be selected following consultation with a newly created benefits advisory committee.

   The current IPERS investment board is modified under the Act in both structure and duties. Under the Act, the investment board is made the trustee of the IPERS Retirement Fund. The board is given the explicit authority, in consultation with the chief investment officer and other personnel of the division, to develop the investment policy and goal statement that will direct the investment activities concerning the fund. The actual investment of the fund remains the responsibility of the division subject to the investment policy established by the board. In addition, the investment board is given the authority to hire and fire the actuary to be used as the technical advisor of the system. The board is also given the responsibility of adopting the actuarial assumptions to be used by the actuary in determining the condition of the retirement fund. The board is required to consult with the chief executive officer, the actuary, and other relevant division personnel in the development of the actuarial assumptions.

   The membership of the board is also modified under the Act. The Director of the Department of Personnel is replaced with the Treasurer of State, who is made a voting member of the board. In addition, the three current members, who must be an executive of a domestic life insurance company, an executive of a state or national bank operating within the state of Iowa, and an executive of an industrial corporation located within the state of Iowa, are replaced with three members who must have substantial institutional investment or financial experience. In addition, while the three current members of the board who are members of the system remain, the manner of their selection is modified. The Act requires that the benefits advisory committee submit a slate of at least two nominees to the Governor to fill a vacancy for one of these positions. However, the Governor is not required to appoint a member to fill one of those positions from the slate of nominees submitted. The Act also provides for four, not two, legislative members of the board, but the four legislative members are made nonvoting members of the new board. The Act also establishes a mechanism for transitioning from the current board membership to the new board membership.

   The Act also establishes a new benefits advisory committee. The duties of the committee are to submit nominees for the Governor's consideration to fill the positions on the investment board for members of the system and to review and make recommendations to the division and the General Assembly concerning the provision of benefits and services to members of the system. Members of this board shall be comprised of representatives of constituent groups concerned with the system, including representatives of employers, active members, and retired members. The election of these members shall be done pursuant to rules adopted by the division. The Director of the Department of Personnel and the person to be selected by the voting members of the committee are also specifically included as voting members of the committee. Of the members of the committee, nine shall be voting members who shall serve three-year terms. Of the nine voting members, four shall represent employers and four shall represent employees. The ninth member shall be a member of the public and shall be chosen by the other eight voting members of the committee. Of the employer representatives, one shall be the Director of the Department of Personnel, one shall represent a constituent group that represents the cities, one shall represent a constituent group that represents the counties, and one shall represent local school districts. Of the employee representatives, one shall be from a group that represents teachers. Per diem expenses for members of the committee shall be paid in the same manner and amount as they are paid for the current members of the investment board, while any additional expenses shall be incurred only upon the approval of the chief executive officer. The Act also provides for the establishment of a transition benefits advisory committee on July 1, 2001. The Act establishes the exact membership of this transition committee and provides that it shall be dissolved by July 31, 2002. The transition committee is given the task of making recommendations in a report to the IPERS Division no later than July 1, 2002, concerning the rules to adopt in governing the new benefits advisory committee. The proposed rules in the report shall include, at a minimum, provisions governing the selection of members to the committee and the selection of voting members of the committee.

   The Act provides that the administrative rules adopted by the Department of Personnel concerning IPERS shall, consistent with this Act, remain in effect after the effective date of this Act.

   Except for the section of the Act concerning the benefits advisory committee transition, which takes effect July 1, 2001, the Act takes effect July 1, 2002.

SENATE FILE 526 - Unclaimed and Abandoned Property - Business Association Property (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act makes a change in the state's Disposition of Unclaimed Property Law to provide that "property" subject to the law does not include credits, advance payments, overpayments, refunds, or credit memoranda shown on the books of a business association with respect to another business association unless this type of property is held by a bank or financial institution.

SENATE FILE 551 - State Government Employment - Reductions-in-Force Initiatives - SECOND EXTRAORDINARY SESSION (full text of act)

   BY COMMITTEE ON APPROPRIATIONS. This Act establishes two early termination programs for eligible state employees, the Years of Service Incentive Program and the Sick Leave and Vacation Incentive Program. The Act also repeals the Workforce Attrition Program and Fund and transfers moneys in the fund to the General Fund of the State.

   The Act establishes the Years of Service Incentive Program, which permits an executive branch department, agency, board, or commission to offer a termination incentive to eligible employees who agree to separate from state employment. To be eligible, an employee shall have 10 or more years of covered service under the Public Safety Peace Officers' Retirement, Accident, and Disability System (PORS) or Iowa Public Employees' Retirement System (IPERS) as of the date the employee leaves state employment. Prior to offering the program to an eligible employee or employees, the executive branch employer must obtain approval from the Department of Personnel. As part of this approval process, the employer shall submit a business plan to the departments of Management and Personnel indicating the savings to the state if the employee or employees participate. Once approval is obtained, the employer may offer an employee a termination incentive equal to the lesser of the employee's annual salary or $250 for each quarter year of covered service under PORS or IPERS if the employee voluntarily agrees to terminate employment and agrees not to return to permanent full-time or permanent part-time employment with the state. The Act requires the Legislative Council to offer a similar program to legislative branch employees. This provision in the Act takes effect July 1, 2002, and is repealed June 30, 2003.

   The Act also establishes the Sick Leave and Vacation Incentive Program for eligible employees of the executive branch of the state who are not covered by a collective bargaining agreement, which program shall be administered by the Department of Personnel. The Act also requires the Legislative Council to offer a similar program to legislative branch employees. The Act permits eligible executive branch employees for which the sum of the number of years of credited service under IPERS or PORS and the employee's age as of December 31, 2002, equals or exceeds 75 to separate from service with the state and receive a sick leave and vacation incentive benefit payable in five fiscal years beginning with the fiscal year that ends on June 30, 2002. The incentive benefit is equal to the employee's unused vacation plus the lesser of the employee's regular annual salary or the value of the employee's sick leave. To receive the incentive benefit, an eligible employee must submit an application to participate in the program by January 31, 2002, separate from state employment by February 1, 2002, acknowledge the employee's ineligibility to return to permanent part-time or permanent full-time employment with the state, and waive any claims to unused sick leave or vacation balances otherwise payable upon termination of employment. Employees who participate in the program, as well as the corresponding program established pursuant to a collective bargaining agreement, are eligible to continue to participate in group insurance coverage from the state in the same manner as employees who retire from state employment. The Act also permits release of IPERS records to the Legislative Fiscal Bureau and the departments of Management, Revenue and Finance, and Personnel for the purpose of monitoring and administering the Sick Leave and Vacation Incentive Program and the corresponding program available to employees covered by a collective bargaining agreement that authorizes a similar program. The release of records authority ceases as of June 30, 2002.

   The Act requires the Department of Personnel to submit reports to the General Assembly concerning the operation of the early termination programs with an interim report due by March 15, 2002, and a final report by October 1, 2002. Updated reports for an additional four years are also required.

   The Act also creates two initiatives for the Department of Personnel to complete in order to enhance state government efficiency. The Department of Personnel, in consultation with the Department of Management, is required to pursue a goal of increasing the ratio of employees per supervisor within executive branch agencies to 12 to 1 by December 31, 2002. The Department of Personnel is also required to evaluate the state's system of job classification for state employees to create technical skill-based career paths which do not require supervisory responsibility for advancement. The Department of Personnel is required to issue an interim report and final report to the Governor and General Assembly concerning the progress made on these tasks by September 1, 2002, and February 1, 2003, respectively.

   The Act also provides that any across-the-board increases for July 1, 2002, be delayed to November 1, 2002, for employees not covered by a collective bargaining agreement.

   The Act, except for the provision establishing the Years of Service Incentive Program, takes effect November 19, 2001.

HOUSE FILE 73 - Military Honor Guard Services by Veterans Organizations (full text of act)

   BY EICHHORN AND CORMACK. This Act provides that an honor guard unit of members of a recognized military veterans organization shall be allowed to perform any honor guard service on public property.

HOUSE FILE 194 - 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, including style changes.

   Changes made include updating or correcting various names of and references to public and private entities, correcting internal Code and subject matter references, updating century date references in a form, and making various grammatical corrections. Subject matter areas in which the technical, grammatical, and other nonsubstantive changes are made include the following: the Linked Investment Program; educational savings plans; the Vision Iowa Program; the Information Technology Department; provisions relating to the execution of certificates of release from mortgages by the Iowa Finance Authority; bio-based hydraulic fluids, greases, and other industrial lubricants; the State Historic Preservation Officer; elections; the gifts to and lobbying of public officials; Workforce Development grants; labor standards; boilers and unfired steam pressure vessels; controlled substances; communicable and infectious diseases and poisonings; the Board of Nursing; soil and water conservation; pseudorabies; the Board of Veterinary Medicine; pesticides; the sale of certain poisons; Civil Rights Commission proceedings; the placement of juvenile delinquents; the Medical Assistance Program; paternity determinations; telecommunications use in schools; reorganization of school districts; historical preservation districts; motor vehicle registration plates; the in-state use and operation of a motor vehicle by nonresidents; rural water districts; recreational lake and water quality districts; the establishment of administrative agencies by cities; school infrastructure tax elections; homestead tax credits; tax sales; the Iowa Resources Enhancement and Protection Fund; groundwater protection; economic development, professional, and nonprofit corporations; registered architects; the Insurance Guaranty Association; county and state mutual insurance associations; professional liability insurance; the Consumer Credit Code; adoption; and criminal citations.

   The changes relating to the Medical Assistance Program take effect April 4, 2001, and are retroactively applicable to March 31, 2000; the changes relating to telecommunications in schools, adoption, and educational savings plans take effect April 4, 2001, and are retroactively applicable to July 1, 2000; and the change relating to motor vehicle registration plates takes effect April 4, 2001, and applies retroactively to July 1, 1999.

HOUSE FILE 259 - Notarial Acts and Officers (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act makes several changes relating to notarial officers and notarial acts as provided in Code Chapter 9E. Under the chapter, a notarial officer includes a notary public commissioned by the Secretary of State and certain prescribed public officials. The Act provides that in order to be eligible as a notary public, a person must be at least 18 years old. In addition, a person who is disqualified from voting is ineligible to obtain or retain a commission. Prior to this Act, a notary public could but was not required to use a stamp or seal that included the words "Notarial Seal" and "Iowa," and could include the name of the notary public. The Act requires the use of the stamp or seal and prescribes the information that must be included on the stamp or seal. For a notary public, the stamp or seal must include a reference to the notarial seal, the person's name, the commission number, and the expiration of the commission's term. For a public official, the stamp or seal must include a reference to the notarial seal, Iowa, the person's name, and the title of the person's office. House File 755 (see Appropriations) makes this Act effective January 1, 2002.

HOUSE FILE 292 - Information Technology Department - Financial Operations and Transactions (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act authorizes the Information Technology Department to accept donations, gifts and contributions and to use or expend the contributions in conducting departmental functions. The Act also authorizes the department to charge a negotiated fee to recover a share of the costs related to research and development, initial production, and derivative products of its proprietary software and hardware, telecommunications architecture design, and proprietary technology applications developed to support authorized users. The fee may be negotiated with and charged to private vendors and other political entities and subdivisions. The provisions of Code Chapter 23A relating to noncompetition by state agencies and political subdivisions with private enterprise shall not apply to a fee negotiated pursuant to this Act.

   The Act permits the department to enter into nondisclosure agreements to protect the state of Iowa's proprietary interests. The Act also provides for the transfer of moneys paid to a governmental entity utilizing IowAccess to the Treasurer of State for deposit in the General Fund of the State, unless specific disposition is provided for elsewhere.

HOUSE FILE 352 - Iowa Battle Flag Collection (full text of act)

   BY COMMITTEE ON EDUCATION. This Act specifically authorizes the Historical Division of the Department of Cultural Affairs to manage the battle flag collection at the State Capitol grounds in consultation and coordination with the Department of General Services. The Act also provides that a portion of the battle flag collection shall remain on display at the State Capitol and the State Historical Building at all times unless on loan approved by the Department of Cultural Affairs.

HOUSE FILE 383 - Designation of Model Communities - Approval (full text of act)

   BY COMMITTEE ON ECONOMIC DEVELOPMENT. This Act provides that, during any project, pilot project, or similar initiative undertaken by the Governor or the executive branch which includes the designation of a model community in the state, any city council, county board of supervisors, or school district included in the proposed model community designation must approve of the designation by a simple majority vote prior to any state financial support being disbursed to a person under the project, pilot project, or similar initiative.

HOUSE FILE 400 - Real Estate Appraiser Regulation (full text of act)

   BY COMMITTEE ON COMMERCE AND REGULATION. This Act makes changes relating to the regulation of real estate appraisers. The definition of the term "appraisal report" is changed to include any communication of an appraisal, instead of only those that are written. Code Section 543D.14, which describes the real estate appraiser certificate, is changed to provide that the certificate is to bear the signature or facsimile signature of the member or members of the Real Estate Appraiser Examining Board who are designated by the board to perform that duty.

HOUSE FILE 451 - Practice of Accounting - Licensure (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act creates new Code Chapter 542D, which establishes certification, permitting and licensure requirements for accounting professionals in the state of Iowa, and repeals existing requirements contained in Code Chapter 542C. The Act is based on model legislation developed jointly by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy.

   The Act contains a statement of legislative intent to promote the reliability of information used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The Act sets forth the qualifications required to be met to be issued a certificate as a certified public accountant, providing that an applicant be of good moral character and meet established education, experience and examination requirements. The Act provides for the application, issuance and renewal of certificates and permits to practice as a certified public accountant, licensed public accountant, certified public accounting firm, and licensed public accounting firm. A person or firm holding a certificate or permit to practice issued by the state of Iowa prior to July 1, 2002, will be regarded as having met the applicable requirements for licensure.

   The Act addresses issues related to nonlicensee ownership of accounting practices. All nonlicensee owners shall be active participants in the firm or in an affiliated entity and shall participate in a program of learning designed to maintain professional competency, which shall include requiring compliance with requirements imposed by a regulatory authority charged with regulation of a nonlicensee owner's professional or occupational license which is relevant to the firm's services.

   The Act provides enforcement and penalty provisions, provides for the use of titles and the scope of services that a licensee, firm or nonlicensee may perform, and provides for the regulation of commission-based services and contingent fee services. The Act also addresses confidentiality of client communications issues and establishes reciprocity provisions.

HOUSE FILE 470 - Iowa Communications Network - Proprietary Interests (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides that the Iowa Telecommunications and Technology Commission may charge a negotiated fee to recover a share of the costs related to research and development, initial production, and derivative products of its proprietary software and hardware, telecommunications architecture design, and proprietary technology applications developed to support authorized users. The fee may be negotiated with and charged to private vendors and other political entities and subdivisions. The Act also permits the commission to enter into nondisclosure agreements to protect the state of Iowa's proprietary interests. The provisions of Code Chapter 23A relating to noncompetition by state agencies and political subdivisions with private enterprise shall not apply to a fee negotiated pursuant to this Act.

HOUSE FILE 526 - Reciprocity Standards for Barbers - Study (full text of act)

   BY HAHN. This Act provides for a study regarding reciprocity standards for barbers in other states. The study will be conducted by the Iowa Department of Public Health in conjunction with the Board of Barber Examiners, with the input of barber schools and licensed barbers in the state of Iowa. The objective of the study will be to determine ways in which the existing reciprocity system between this state and graduates of barber schools and licensed barbers in other states can be improved to achieve greater flexibility and promote the relocation of qualified barbers to this state. The Act requires the Iowa Department of Public Health to submit a report of its conclusions to the General Assembly by December 15, 2001.

HOUSE FILE 579 - Administration and Management of Executive Branch Personnel (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides for changes relating to the administration and management of the Department of Personnel and the State Board of Regents.

   The Act changes the 15-day timeline for public announcements of job vacancies to 10 days.

   This Act allows the Director of Revenue and Finance to contract with a private organization to handle the payment and processing of workers' compensation claims.

   The Act directs the Department of Personnel to file a report concerning the condition of affirmative action, diversity, and multicultural programs in state agencies to the Governor and the General Assembly. The Act also directs the State Board of Regents to file a report concerning the condition of affirmative action, diversity, and multicultural accomplishments of the board and its institutions to the General Assembly. Both reports shall include information identifying funding sources and itemized costs for these programs.

HOUSE FILE 656 - Manufactured or Mobile Homes - Licensing and Regulation (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act clarifies that laws regulating mobile homes also apply to manufactured homes. The Act defines a "manufactured home community" and clarifies that laws applying to mobile home parks apply to manufactured home communities. The Act also provides that storm shelters in manufactured home communities or mobile home parks cannot be required to be located any closer than 1,320 feet from any manufactured or mobile home, although a local ordinance may require a minimum of one storm shelter to be located in a manufactured home community or mobile home park.

HOUSE FILE 686 - State and Local Competition With Private Industry - Notice (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act requires the Administrative Rules Coordinator to identify in a notice of intended rulemaking that a proposed service or product supplied by a state agency may compete with private industry. The Act also requires the Legislative Service Bureau to indicate in the explanation of a bill or joint resolution that a proposed service or product supplied by a state agency or political subdivision may compete with private industry.

HOUSE FILE 687 - Administration and Oversight of State Government (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act establishes new Code Chapter 8E, largely administered by the Department of Management (referred to as the "department") and principal state departments, including divisions of the Department of Commerce (referred to as "agencies"), which are responsible for carrying out many of its provisions. The Act also provides for cooperation between the department, the Department of General Services, the Department of Personnel, the Department of Revenue and Finance, and the Attorney General. The State Board of Regents carries out the Act's provisions independently of the Department of Management.

   The new Code Chapter is entitled the "Accountable Government Act." The Act provides for the review of state government agency performance and operations and provides for a system of planning, performance measurement, investment, and oversight.

   STRATEGIC PLANNING. Many of the Act's provisions concern strategic planning by the department and other agencies. The Department of Management is responsible for developing a state plan (referred to as an enterprise strategic plan). Agencies are responsible for developing their own plans (referred to as agency strategic plans) based on the enterprise strategic plan and requirements of the chapter.

   The Act provides for the development and revision of the strategic plans at the state and agency level, and requires broad public participation in formulating the plans, and review of agency planning by the department.

   Agencies are expected to carry out plans and achieve goals through the use of performance targets and performance measures. The Act also provides for performance measures used to evaluate an agency's progress in reaching performance targets as well as data sources used in performance measurement. In addition, the Act requires agencies to develop performance plans based on their own strategic plans.

   The Act requires agencies to prepare reports describing progress in achieving agency goals, and performance targets consistent with the strategic and performance planning.

   INVESTMENT DECISIONS. The Act provides that agencies must incorporate methodologies in decisions to make major investments, which may be based on return on investment and cost-benefit analysis.

   CONTRACTS FOR SERVICES. The Act requires that all contracts for services benefiting an agency include uniform terms and conditions as adopted by the Department of General Services, in cooperation with the Office of the Attorney General, the Department of Management, the Department of Personnel, the Department of Revenue and Finance, and state agencies. It requires that service contracts provide that consideration be paid based on performance and that contracts contain methods to oversee and review performance and compliance. The Act also requires the State Board of Regents to establish terms and conditions for service contracts executed by institutions governed under the State Board of Regents.

HOUSE FILE 762 - Homeland Security and Defense - Military Duty and Emergency Management Services - SECOND EXTRAORDINARY SESSION (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act amends Code Chapters 29A and 29C to complement federal legislation relating to homeland security and defense against acts of terrorism.

   Code Chapter 29A, relating to the powers, duties and organization of the Army National Guard and Air National Guard, is amended to define "active state service," "federal service," "national guard," "on duty," "state active duty," and "homeland defense," and to strike the definitions of "in service of the United States" and "not in service of the United States." "Federal service" means duty authorized and performed as part of the Air National Guard of the United States or the Army National Guard of the United States pursuant to 10 U.S.C. "Active state service" means training and duty or other service performed pursuant to 32 U.S.C. or other federal law as part of the Iowa Army National Guard or Iowa Air National Guard and paid for with federal funds. "State active duty" means duty authorized and performed under Code Section 29A.8 or 29A.9 and paid for with state funds. "On duty" means training, duty or service performed under state or federal law, but not including federal service. "National guard" means Iowa units of the Army National Guard of the United States, the Air National Guard of the United States, the Army National Guard, and the Air National Guard as defined in 10 U.S.C. . 101. "Homeland defense" is defined to mean the protection of state territory, population, and critical infrastructure and assets against attacks from within or without the state.

   Code Section 29A.7 is amended to include homeland security and defense among the duties of the military forces under direction of the Governor.

   The Act contains several coordinating amendments to Code Chapter 29A to specify duties relating to state active duty which may be ordered by the Governor.

   Code Section 29C.2 is amended to define "disaster" to include attack, sabotage or other hostile action from within or without the state and to define "homeland security" to mean the detection, prevention, preemption, deterrence of, and protection against attacks targeted at state territory, population and infrastructure.

   Code Sections 29C.5 and 29C.8 are amended to include homeland security activities among the duties of the Emergency Management Division and its administrator.

   Code Section 135.11 is amended to authorize the Department of Public Health to conduct and maintain a statewide risk assessment of any present or potential danger to the public health from biological agents. For that purpose, an employee or agent of the department may enter into and examine any premises containing potentially dangerous biological agents. If the owner or person in charge refuses admittance, the department may obtain an administrative search warrant under Code Section 808.14. Based on any findings of risk assessment and examination, the director of the department may order safeguards to protect the public health pursuant to rules adopted by the department.

   The Act creates a task force on homeland security and defense to consider and report on the state's preparedness to respond to emergencies that threaten the state's security. The task force shall study issues relating to the detection, prevention, preemption, and deterrence of, and protection against, attacks targeted at state territory, population and infrastructure. The task force shall solicit information from local and state government officials, from the Iowa National Guard, and from any other person or entity deemed appropriate relating to the state's preparedness. The task force shall include five persons, one appointed by the Governor and four appointed by the legislative leaders, and shall report to the Governor and General Assembly by January 15, 2002.

   The foregoing provisions take effect November 14, 2001, are retroactively applicable to September 11, 2001, and are applicable on and after that date.

   The Act also includes a number of legal protections for Iowa National Guard personnel who are in full-time active state service or full-time state active duty for 90 days or more which is defined as military service. The protections relate to restrictions on family members being evicted from property rental, the termination and installment contracts, mortgages, and trust deeds entered into by the person before entering into military service. Iowa National Guard personnel in military service may also terminate a lease covering premises occupied for dwelling, professional, business, agricultural, or similar purposes if the lease was entered into before commencement of military service. Also, an obligation or liability bearing interest at a rate in excess of 6 percent per annum incurred by a person in military service before that person's entry into that military service shall not bear interest at a rate of interest greater than 6 percent during the military service unless a court finds that the ability of the person in military service to pay the higher interest is not materially affected by reason of the military service. Likewise, a court may make exceptions to restrictions on rental property, installments and leases if the specific circumstances warrant modification to the relief or restrictions granted to the person in military service. The protections authorized for persons in military service in this Act apply notwithstanding a contrary provision of the state law, including but not limited to Titles XIII, XIV and XV of the Iowa Code. The provisions of the Act relating to legal protections for persons in military service take effect November 14, 2001, but are not retroactively applicable, and the provisions are repealed on January 11, 2002.

RELATED LEGISLATION

SENATE FILE 62 -- Processing, Storage, and Distribution of Honey - Residences (Complete summary under AGRICULTURE.)

   This Act amends provisions in Code Chapter 137F ("Food Establishments and Food Processing Plants") to exempt from regulation the premises of a residence in which honey is stored; prepared; packaged, including by placement in a container; labeled; or from which honey is distributed.

SENATE FILE 66 -- General Fund Expenditure Limitation Requirements - VETOED BY THE GOVERNOR (Complete summary under APPROPRIATIONS.)

   This bill would have amended Iowa's General Fund expenditure limitation law.

SENATE FILE 81 -- Criteria for State Economic Development Financial Assistance (Complete summary under ECONOMIC DEVELOPMENT.)

   This Act provides that a state agency may give additional consideration or additional points in the application of rating or evaluation criteria in providing financial assistance for economic development-related purposes if the person or business to receive the financial assistance is located in an area that is a brownfield site, a blighted area, or is located in a city or county that meets the distress criteria provided under the Enterprise Zone Program.

SENATE FILE 114 -- Health Care Entities, Organizations, and Institutions - Names and Composition (Complete summary under HUMAN SERVICES.)

   This Act relates to the composition of the Medical Assistance Advisory Council. The Act updates references to entities represented on the council due to name changes or termination of the existence of the entity.

SENATE FILE 146 -- Tobacco Settlement Agreement Modifications (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act amends the provisions of the Code relating to the Master Settlement Agreement entered into by the state and leading U.S. tobacco product manufacturers. The Act makes changes to comply with the model Act provisions that were to be adopted by all states party to the agreement. The Act takes effect March 30, 2001.

SENATE FILE 279 -- Expenses Related to Regulation of Public Utilities - Assessments (Complete summary under ENERGY & PUBLIC UTILITIES.)

   This Act amends Code Section 476.10, which deals with allocation of expenses incurred by the Iowa Utilities Board and the Consumer Advocate. The Act takes effect March 14, 2001.

SENATE FILE 433 -- Public Health Regulation (Complete summary under HEALTH & SAFETY.)

   This Act makes several technical and corrective changes relating to the administration of programs under the purview of the Iowa Department of Public Health and related health professional licensing and regulatory boards.

SENATE FILE 476 -- Student Achievement and Teacher Quality Program (Complete summary under EDUCATION.)

   This Act establishes a Student Achievement and Teacher Quality Program and provides that a career teacher who does not receive a recommendation for advancement from a review panel may appeal to an administrative law judge located in the Department of Inspections and Appeals.

SENATE FILE 531 -- Appropriations - Administration and Regulation (Complete summary under APPROPRIATIONS.)

   This Act provides for the transfer of any moneys in excess of the maximum balance in the Economic Emergency Fund to the General Fund of the State and to the Endowment for Iowa's Health Account of the Tobacco Settlement Trust Fund at the conclusion of fiscal years 2001 and 2002.

SENATE JOINT RESOLUTION 6 -- Nullification of Administrative Rule - Unprotected Nongame Status of Reptiles (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Joint Resolution nullifies an amendment to an administrative rule of the Department of Natural Resources that removes timber rattlesnakes and garter snakes from a list of unprotected nongame wildlife. The Joint Resolution takes effect April 2, 2001.

SENATE JOINT RESOLUTION 7 -- World Food Prize Awards Ceremony (Complete summary under ALCOHOL REGULATION & SUBSTANCE ABUSE.)

   This Joint 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 18, 2001.

SENATE JOINT RESOLUTION 8 -- Food Safety and Genetic Engineering Educational Program (Complete summary under ALCOHOL REGULATION & SUBSTANCE ABUSE.)

   This Joint Resolution authorizes the consumption of wine at a dinner to be held by the State Legislative Leaders Foundation and Iowa State University at the State Capitol on or around June 22, 2001.

HOUSE FILE 103 -- Written Promotional Material - VETOED BY THE GOVERNOR (Complete summary under ECONOMIC DEVELOPMENT.)

   This bill would have required that any written material designed, produced or distributed by the Department of Economic Development for purposes of promoting the state in an attempt to recruit new businesses include a clear and conspicuous statement regarding the Right-to-Work Law contained in Code Section 731.1.

HOUSE FILE 154 -- Paid Time Off for Injured Department of Public Safety Peace Officers (Complete summary under LABOR & EMPLOYMENT.)

   This Act provides that peace officer members of the Department of Public Safety who are excluded from the provisions of the Public Employment Relations Act shall receive paid time off in the same manner as peace officer members who are covered by a collective bargaining agreement when they are injured in the line of duty.

HOUSE FILE 192 -- Access to Criminal History and Abuse Information - Department of Inspections and Appeals (Complete summary under HEALTH & SAFETY.)

   This Act authorizes certain criminal history and abuse record and registry access to the Department of Inspections and Appeals for purposes of data verification and record checks of applicants for employment with the department.

HOUSE FILE 225 -- Election of State Fair Board Directors (Complete summary under AGRICULTURE.)

   This Act reorganizes districts used to elect members of the Iowa State Fair Board based on districts modeled after regions currently used to select the State Soil Conservation Committee.

HOUSE FILE 228 -- State Building Code and Preemployment Records Checks (Complete summary under HUMAN SERVICES.)

   This Act requires a governmental subdivision to file with the Department of Public Safety certified copies of any ordinance accepting the applicability of the State Building Code, or a certified copy of the vote if the governmental subdivision votes to withdraw from the applicability of the State Building Code. Under the current law, the governmental subdivision must also file copies with the Secretary of State.

HOUSE FILE 230 -- Iowa Economic Development Board Strategic Planning Duties (Complete summary under ECONOMIC DEVELOPMENT.)

   This Act eliminates the requirements of the Iowa Economic Development Board to coordinate and implement a 20-year comprehensive economic development plan for the state and to prepare a five-year comprehensive strategic plan of specific goals, objectives and policies for state economic growth.

HOUSE FILE 256 -- Health Care Facility Regulation (Complete summary under HEALTH & SAFETY.)

   This Act relates to regulation of health care facilities, including the process for correcting deficiencies and the rules and standards for health care facilities. > HOUSE FILE -2 7 - Department of Natural Resources - Waste Management Assistance Division (Complete summary under ENVIRONMENTAL PROTECTION)

   This Act changes the name of the Waste Management Assistance Division of the Department of Natural Resources to the Land Quality and Waste Management Assistance Division.

HOUSE FILE 272 -- Felonious Misconduct by Public Officer or Employee - Falsified Writings (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act relates to felonious misconduct by a public officer or employee. The Act prohibits a public officer or employee from falsifying a writing, or knowingly delivering a falsified writing, with the knowledge that the writing is falsified and that the writing will become a public record of a government body.

HOUSE FILE 287 -- Interstate Compact for Adult Offender Supervision (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act establishes the Interstate Compact for Adult Criminal Offender Supervision. The Act creates an interstate commission that will establish uniform procedures to manage the movement of adult offenders between states who have been placed on probation or parole.

HOUSE FILE 564 -- Cooperative Associations - Reversion of Disbursements (Complete summary under AGRICULTURE.)

   This Act creates an exception to requirements that property considered abandoned must be turned over to the Treasurer of State, by allowing a cooperative association to retain, for return to its owner or for forfeiture to the cooperative association according to procedures as provided in the Act, a dividend or other distribution considered abandoned.

HOUSE FILE 569 -- Proposed Uniform Computer Information Transactions Act - Effect - Intent (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act amends the 2000 Iowa Acts to provide that it is the intent of the General Assembly to consider the proposed Uniform Computer Information Transactions Act in the 2002 Regular Legislative Session, rather than the 2001 Regular Legislative Session.

HOUSE FILE 647 -- Department of Transportation Release and Use of Personal Information (Complete summary under TRANSPORTATION.)

   This Act provides that the Iowa Department of Transportation (IDOT) may release personal information in the form of a person's photograph to certain persons and requires IDOT to assign an applicant for a driver's license a distinguishing driver's license number other than the applicant's social security number, unless the applicant requests that the applicant's social security number be so assigned.

HOUSE FILE 655 -- Adult Day Services (Complete summary under HEALTH & SAFETY.)

   This Act directs the Department of Elder Affairs to develop a system of oversight for adult day services and to adopt rules to implement the system. The Act directs the Department of Elder Affairs to implement the system on July 1, 2002, or at such time as the General Assembly appropriates sufficient funding for such implementation.

HOUSE FILE 694 -- Housing Trust - VETOED BY THE GOVERNOR (Complete summary under ECONOMIC DEVELOPMENT.)

   This bill would have required the Iowa Finance Authority, the Department of Economic Development, the Attorney General, and the Iowa Department of Public Health to cooperate with a newly created Housing Trust Commission in developing recommendations relating to housing issues.

HOUSE FILE 698 -- Appropriations - Regulatory and Expenditure Matters - EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act relates to regulatory and expenditure matters and includes creation of a state workforce attrition program and fund for state workforce reductions and allows the Department of General Services to take various actions involving development of a parking structure and office facilities on the Capitol Complex.

HOUSE FILE 742 -- Appropriations - Infrastructure and Capital Projects (Complete summary under APPROPRIATIONS.)

   This Act makes several changes related to state agencies' capital budget requests.

HOUSE FILE 745 -- Regulation of Foot and Mouth Disease (Complete summary under AGRICULTURE.)

   This Act authorizes the Department of Agriculture and Land Stewardship to establish security measures to control outbreaks of foot and mouth disease in this state, including measures for the prevention, suppression and eradication of the disease and the compensation of owners for the loss of condemned animals or other property resulting from departmental regulation. The Act takes effect May 1, 2001.

HOUSE FILE 755 -- Miscellaneous Appropriations, Reductions, and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division II of this Act reduces standing appropriations for FY 2001-2002 for performance of duty by the Executive Council by $1 million, to the State Appeal Board for claims against the state by $2 million, and to the Secretary of State for printing constitutional amendments and public measures by $2,565, eliminating the appropriation for FY 2001-2002. Division V of this Act changes the effective date of H.F. 259, relating to the duties of the Office of the Secretary of State in commissioning notarial officers, from July 1, 2001, to January 1, 2002.

HOUSE FILE 758 -- Congressional and Legislative Redistricting - EXTRAORDINARY SESSION (Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE.)

   This Act establishes congressional and legislative districts for the state effective during the 2002 and subsequent general elections. The Act takes effect June 22, 2001.

HOUSE FILE 760 -- State Budgeting Practices - SECOND EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act amends Code sections relating to the State General Fund expenditure limitation and state budgeting practices, including provisions affecting the Governor's responsibility for compliance with the expenditure limitation and approval of the budget, and the Governor's submission of a budget and the General Assembly's passage of a budget that does not exceed the State General Fund expenditure limitation. The Act requires the Revenue Estimating Conference, at the meeting in which the revenue estimate for the succeeding fiscal year is developed, to include an estimate of the accruals. The Act also eliminates obsolete provisions in the Code relating to budgetary matters; eliminates requirements affecting the departments of Management, Agriculture and Land Stewardship, and Natural Resources; and directs the Director of Revenue and Finance to join the Director of the Department of Management in providing projected and actual expenditures to the Legislative Fiscal Bureau.

   The Act takes effect November 16, 2001, with some sections being first applicable to the budget that commences on July 1, 2002.

HOUSE JOINT RESOLUTION 11 Nullification of Administrative Rule -- Wild Turkey Harvest Reports (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION. )

   This Joint Resolution nullifies two administrative rules of the Department of Natural Resources that require the filing of a harvest report by a resident or nonresident hunter upon taking a wild turkey. The Joint Resolution takes effect April 11, 2001.

© 1998 Cornell College and League of Women Voters of Iowa

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