The following is a list prepared by the House Republican Caucus research staff of notable bills which took effect July 1, 2013.
Notable Bills Effective July 1, 2013
Items of Note Going into Effect on July 1 in Senate File 452:
Iowa Tuition Grants – The state will increase the maximum amount a student at Iowa’s private colleges and universities can receive from $4000 to $5000 per year.
Training for Certain Community-based Care – Training for providers of Medicaid-funded in-home and community-based care will be covered by Medicaid as a direct cost for the first time. Previously, care providers had to absorb the cost of training.
Sex Offender Exclusion Zone – State law will make it illegal for a sex offender to operate, manage, be employed by, or act as a contractor or volunteer at a business that operates an ice cream truck.
School Employee Background Checks – Iowa law will now require all school employees to undergo a check of the sex offender registry, child abuse registry, and the dependent adult abuse registry prior to being hired. For current employees, the section requires a school district to establish a policy which would require these employees to undergo the record check at least every five years after their date of hire.
If a current employee is found to be on one of the registries, that would be grounds for suspension pending a termination hearing by the school board.
Motor Vehicle Fee Equity – For new electric cars titled with the state on or after July 1, the registration fee shall be based as it is for all other vehicle types, on the gross weight of the car. This replaces the flat $25 annual fee that was previous law.
State Support for the Iowa Special OIympics – The state will increase its financial support for this program from $50,000 to $100,000 annually.
Senate File 435 - Divisions 2 and 16 Nutrient Reeducation Strategy and Water Quality Initiative: establishes at Iowa State University the Iowa Nutrient Research Center. The bill provides $2.4-million for FY 2014 for the Water Quality Initiative effort and $1.5-million for the Iowa Nutrient Research Center and specifies the goals and structure of both programs.
House File 640 - BLENDER BILL
Requires terminals and suppliers of motorfuel to make an unblended product available to jobbers and distributors so that jobbers and distributors can continue the practice of blending on their own, using Iowa produced ethanol and biodiesel. The bill precludes subsequent to enactment of this bill any new franchise/supplier documents/agreements that restrict: (a) a dealer from installing, converting or operating a storage tank, motor fuel pump, or blender pump to dispense renewable fuel (except in the instance the facilities is leased from a franchiser/supplier to the dealer); (b) a dealer from using fuel handling equipment and motor fuel pumps as long as the fuel and equipment meets state fire marshal and federal standards; (c) a dealer from purchasing, selling, or dispensing motor fuel or renewable fuel blends from a source other than a franchiser/supplier if the franchiser/supplier doesn’t offer a comparable fuel; (d) marketing renewable fuels using—advertisement, listing the price of renewable fuels on a branded pumps and canopy signage, or various media channels; (e) selling non trademarked fuel in areas under the logo of the franchiser/supplier company; and (f) using any payment form for sale of renewable fuel mixes that is used for franchiser/supplier provided fuel, (for example franchiser/supplier branded credit cards. A second aspect of HF 640 that become effective on July 1, 2013 exempts various farm owned AST's located outside the corporate limits of cities with less than 2,000 gallons for flammable and less than 5,000 gallons for combustible that prior under prior law were supposed to register with the state fire marshal and provides for an offset to possible lost registration revenue from the farm exempted AST’S, by increasing the registration fees ($10 to $20). A third portion of this bill that went into effect upon enactment on June 17, 2013 is a one-year extension of the differential motor fuel excise tax matrix that taxes E10 at 19-cents and unblended gasoline at 21 cents per gallon.
House File 599 - BEGINNING FARMER TAX CREDIT
Expands the beginning farmer tax credit program both in scope and in the amount of tax credit available for this purpose and also streamlines the Iowa Agricultural Development Authority (IADA) administrative processes for implementing beginning farmer tax credit programs. The measure proposes to increase the existing ag asset transfer tax credit rates of 5% for cash leases or land and livestock facilities and 15% for commodity share leases to 7% for cash and 17% for commodity share leases with an additional 1% bonus for ag asset transfer leases involving a qualified beginning farmer who is also a veteran. The bill authorizes a new “custom farming tax credit” available to land owners who hires a beginning farmer to custom farm at least portion of the landowner farmland in the amount of 7% for the value of the custom work performed by the beginning farmers with an additional 1% for the first year if the beginning farmer is also a veteran of the military services.
House File 607 - TRANSFERS IADA TO IFA
transfers the Iowa Agricultural Development (IADA) authority to the Iowa Finance Authority (IFA). The bill shrink the former IADA board from nine-members to 5-members and, rename it the ‘Agricultural Development Board’ (ADB), shifts rule making powers to the IFA Board, but leaves the new ADB with beginning farmer loans approval through resolution process. The measure provides that at least 2-FTEs shall be entirely dedicated to administering beginning farmer programs under Code chapter 175 and that these persons shall have the power and duties to: (1) participate in making managerial decisions; (2) provide outreach and promotion; and (3) improve delivery of service with this subsection (16.221.6) being repealed on July 1, 2015.
House File 644 -E911 – SURCHARGE FEES FOR CELLPHONES
HF 644 (formerly HF 510 / HSB 133) equalizes the surcharge fees between wire-line and wireless services at $1.00. This means that wireless surcharge fees, which have been at $0.65, will see an increase of $0.35 to $1.00 per phone starting July 1. The ability for a local referendum to take place to have fees higher than $1.00 has been removed, so those areas will have their surcharge fees reduced to $1.00.
House File 615-INNOVATION FUND TAX CREDITS (Effective Upon Enactment)
HF 615 (formerly HF 585 / HSB 198) is a bill that incentivizes private investment into Innovation Funds by granting tax credits at a 25% rate for a qualified investment. These Innovation Funds are then investing these funds into innovative Iowa businesses that need help with costs associated with early production and starting up
House File 620-HIGH QUALITY JOBS BILL
HF 620 (formerly HF 584 / HSB 132) is the High Quality Jobs Bill, which provides a commitment from the state to invest in businesses locating or expanding in Iowa. The bill raises the annual aggregate tax credit cap from $120 million to $170 million. It also allows IEDA the flexibility to apportion tax credits to programs that need them the most if they are unused by other programs.
*Effective Upon Enactment, with retroactivity for the tax credit portions
Senate File 433-TARGETED JOBS BILL
SF 433 (formerly HF 616 / HF 473 / HSB 168) extends the life of the Targeted Jobs Program, which helps the border communities of Burlington, Council Bluffs, Fort Madison, Keokuk, and Sioux City in competing with out of state businesses that are located in states with more favorable tax situations than Iowa. The bill also adds more strict reporting requirements and has IEDA run the compliance of the program to ensure program integrity.
House File 533 – Entrepreneurial Education Accounts (Effective 4/25/2013)
Creates an Entrepreneurial Education Account within a school district if the requested by a student organization or club. The money in the fund is to be deposited by the club and is money earned through entrepreneurial activity or returns on investments made by the club. The money can be expended for entrepreneurial purposes, which includes investments in businesses to help students develop and practice entrepreneurial skills and foster a business-ready workforce.
House File 215 – Allowable Growth / Supplemental State Aid Provisions (Effective 6/3/2013)
Provides 2% school aid growth in FY14 and 4% school aid growth in FY15 for both regular and categorical programs. Also provides a 2% one-time supplemental state aid payment for FY14.
House File 215 – EDUCATION REFORM
The Education Reform bill had many divisions and many effectiveness dates. Here are the items effective July 1, 2013:
The creation of a teacher career pathways that include leadership positions. The leadership positions come with increased pay, a new beginning teacher starting salary of $33,500, increased contract days and additional responsibilities outside of the classroom including mentoring, and professional development for other teachers. The program is implemented in phases with the initial year being a planning phase. Districts will come online with the program in 3 phases starting in FY15 and ending in FY17.
A Teach Iowa Initiative designed to recruit high-quality candidates to the teaching profession
The creation of task forces to review and make recommendations on a new student assessment, to be in place starting in 2016, one that aligns to the Iowa Core and provides relevant and reliable feedback and measures of student growth; and one to develop new evaluation systems for teacher and administrators, a system that shall consider including student achievement and growth, classroom observation, and student surveys.
Expands Iowa Learning Online, an online class program through the Department available to school districts and nonpublic schools. The expansion includes 3 years of state funding to grow the class offerings and capacity. After the 3 years the Department can charge districts a fee for the cost of the class to continue providing quality service.
Requires the Department of Education to create a Building Performance program that will provide accountability at the building level and provide recommendations to the legislature.
Establishes a grant program for Competency-Based Education in which up to 10 school districts may receive awards annually to pilot projects on competency-based education.
Provisions for independent accreditation for private schools, driver’s education for home school families, independent private instruction for home school students, and private instruction exemption for home school families.
Increases allowable uses for preschool funding by community-based providers, allowing them to cover their actual expenses related to the program.
House File 351 – Preschool Attendance Requirement
Requires that if a child is enrolled in the Statewide Voluntary Preschool Program (SWVPP), which serves 4 year old children, that the enrolled child shall be considered of compulsory attendance age and subject to compulsory education laws. This does not lower the compulsory attendance age. Additionally, a parent is allowed the opportunity to withdraw their child from the SWVPP so as not to be subject to this change.
House File 454 – Department of Education Code Correction Bill
Made numerous code changes to the Department of Education and related sections of code. Language is updated to reflect current practice or terminologies, old sections of code that are no longer used are struck, and clarifications of intent are made. Two notable changes were allowing students serving on the State Board of Education to serve for two years instead of just one, and codifying the practice of allowing home school students to access state-mandated tests at no cost to the student.
House File 472 – School District Sharing Incentives
Extends the current statutory sharing incentives for school districts and adds a few new categories of shared functions. The current sharing incentive language will expire June 30, 2014, and this language will replace it. It also allows non-contiguous districts to enter into sharing agreements.
Senate File 332 – National Guard Education Assistance Program Application Deadline
Allows soldiers who were on active duty and missed the deadline for application for the National Guard Educational Assistance Program to receive education benefits to still have their applications accepted regardless of the deadline.
House File 215 – ALLOWABLE GROWTH RENAMED SUPPLEMENTAL STATE AID (Effective 7/1/2014)
Division 2, renaming allowable growth to supplemental state aid takes effective July 1, 2014.
House File 215 – SCHOOL DAYS TO HOURS (Effective 7/1/2014)
Division 9 allows districts to plan their school years according to hours of days. The days would remain the same as current statutory numbers at 180, the hours would be 1080 hours. Instructional hours include time between classes but do not include lunch or parent-teacher conferences. Any change proposed by the school board shall receive a public hearing prior to approval.
House File 311 - WATER WITHDRAWAL PERMITS
Makes four changes to the Code of Iowa with the intent to reduce burdensome regulations by increasing conformity to federal law; and improve permitting assistance to clients applying for water withdrawal permits. This measure: (1) reduces the requirement that applicant place two public notices to one notice in newspapers for coverage under three National Pollutant Discharge Elimination Permit System (NPDES) storm water general permits; (2) amends 455B.186 to clarify that the proper use of aquatic pesticides is not prohibited in Iowa; (3) amends DNR Code provisions concerning permit for water diversion, storage and withdrawal (455B.265) to require DNR to allow an applicant an extension of time to submit more information to resolve a contested or complex application; and (4) amends Code section 466.8 and 466.9 to remove a requirement that homeowners seeking access to the Onsite Wastewater Assistance Program must live outside a city corporate limit.
House File - 541 DAMS
Makes Code changes to allow the reconstruction of a dam overtopped by unprecedented flooding to allow such a facility to use the flood easement that applied to the dam before disaster as long as the former normal pool elevation in not exceeded by the reconstructed spillway elevation and the flood easement or ownership are required to the top of the spillway elevation.
Senate File 184 – DEPARTMENT OF AGING TECHNICAL BILL
This bill directs DIA to perform investigations relative to the operations of the Iowa Department on Aging. The bill updates the name of the Office from Office of Long Term Care Resident’s Advocate to Office of State Long Term Care Ombudsman. It also repeals the senior loan revolving program and the senior living trust fund.
Senate File 202 – IOWA DEPARTMENT OF PUBLIC HEALTH TECHNICAL BILL
Division I relates to the membership of the quality improvement committee for the trauma system. Under Division II, claims for autopsies made by counties would be filed directly with the state appeal board. Division III allows HIV home test kits to be sold in Iowa. Division IV allows minors to get counseling for smoking cessation without parental consent.
Senate File 351 – MEDICAID SERVICE PROVIDERS
The bill broadens the exemption for residential programs that provide care to not more than 5 people that are approved by DHS to receive money under an HCBS waiver by removing the limitation to only HCBS waivers for persons with intellectual disabilities.
Senate File 357 – MEDICAID PROGRAM INTEGRITY
These new sections are intended to help combat fraud, waste, and abuse in the Medicaid program. Iowa is one of only two states that do not have this type of statute. The new sections allow medical assistance overpayment to become judgment and not require a lawsuit by DHS in order to recover, grant emergency injunction to prevent providers from dispersing assets to avoid repayment, make state statute consistent with the ACA, and impose monetary fines on problem providers.
Senate File 419 – VISION SCREENING FOR CHILDREN
The parent of a child to be enrolled in a public or accredited nonpublic elementary school has to ensure that the child is screened for vision impairment at least once before enrollment in kindergarten and again before third grade. The vision screening can be a comprehensive eye exam, an eye exam at a doctor’s office, an online vision screening conducted by a parent, or a photoscreening vision screening. A person who performs the screening has to report the results to the IDPH. Schools are required to provide referrals. If the student does not get the screening, they cannot be prohibited from attending school.
Senate File 298-DEFINITION OF A “SEX ACT”
This bill amends the definition of a sex act to include actions previously not in the code. SF 298 adds ejaculation onto another person as a sex act. This bill stems from an assault that could not be charged as a sexual assault because the code did not adequately define the act. Additionally, SF 298 expands the definition of Lascivious acts with a child to include touching of a person’s genitals to any part of a child’s body.
House File 538-PAROLE BOARD MEMBERSHIP
HF 538 amends the makeup of the parole board. The Parole Board shall now have a pool of 3 alternate members who can substitute for members who are disqualified or unavailable for hearings. Each alternate serves 4 years and is considered a separate member of the board for the purposes of complying with 69.16 and 69.16A of the Iowa Code. Alternate members are appointed by the Governor and confirmed by the Senate, just like regular members of the board.
House File 496-NO CONTACT ORDERS AND PROTECTIVE ORDERS-SERVICE OF NOTICE (Effective April 1st, 2014)
HF496 allows a peace officer in a county to serve a person subject to a protection order or no-contact order with a short form notification during traffic stops and other contact with the person.
House File 471-REASONABLE ATTORNEY FEES FOR APPEAL TERMINATION OF PARENTAL RIGHTS
A person filing for a petition for termination of parental rights is responsible for the fees for services by appointed council. However, HF 471 provides that in appellate proceedings the parent who filed the petition shall not be responsible for the payment of attorney fees. The attorney fees shall be paid by the public defender from the indigent defense fund.
Additionally this bill adds language that if a parent has been convicted of a sex offense against a minor, they are not entitled to visitation rights while incarcerated. While they are on probation, parole or other time of conditional release visitation shall be denied until the parent successfully completes a treatment program approved by the court. The circumstances described in this subsection shall be considered a substantial change in circumstances This portion of the bill is effective upon enactment and retroactive to July 1, 2000
*Effective Portions of the bill went in to effect May 15th, 2013 and are Retroactive to July 1, 2000. The rest of the bill is effective July 1, 2013
Senate File 288 –YOUTHFUL OFFENDER
SF 288 allows those prosecuted as Youthful Offenders to receive a deferred judgment, current law does not allow for this. The bill establishes a minimum age for prosecution as a Youthful Offender at age 12, unless the child is charged with a class “A” felony, then the minimum age is 10.
House File 112-FORFEITURE OF BAIL IN CRIMINAL CASES
This bill extends the time period for bond forfeitures from 60 to 90 days. This change makes §811.6.2 and §811.6.3 consistent with §811.9, which already allows for 90 days. If a defendant does not appear in court the bail bond can be forfeited.
Senate File 110 – FEDERAL CONFORMITY UNEMPLOYMENT INSURANCE
HF 121 is a bill proposed by Iowa Workforce Development that brings Iowa into compliance with federal law concerning unemployment insurance overpayments. If the legislation is not enacted, it will result in Iowa losing its certification and will result in the loss of the current 5.4% federal tax credit for Iowa businesses. This would result in Iowa businesses paying an additional $378 per employee for a total increase of $500 million annually in federal unemployment taxes.
House File 524 - Commercial Rental Property Unpaid Water Bill Lien Prevention
Piggy-backs on HF 2323 from 2012, a bill which prevented a lien from being placed on a residential rental property if a tenant left unpaid bills for water usage. This year’s bill gives the same protection to commercial land lords. The landlord is to notify the utility that the property is a rental unit. If a change in tenancy occurs, a new notice to the utility is required within 10 days. The landlord is also required to notify the utility within 10 days if a change in ownership occurs.
House File 394 – LIFETIME FUR HARVESTER LICENSE
HF 394 allows fur harvesters 65 years of age or older to purchase a lifetime license. The fur harvester has to be a resident to qualify for the license.
Senate File 146 – INCREASES IN WATER REGISTRATION FEES
The bill extends certain increases in registration fees for watercraft for use by the Natural Resource Commission for an additional 10 years. These fees were put in place in 2005 and they are set to expire in 2013. The Commission is required to submit an annual report to the general assembly. The increase in revenue is designated for use by the Natural Resource Commission only for the enforcement of programs to control aquatic invasive species and for the administration and enforcement of navigation laws and water safety. The increase in fees will sunset in 2023.
House File 522 – AQUATIC INVASIVE SPECIES
The bill helps prevent and control aquatic invasive species in waters of the state.
Senate File 145-CONFIDENTIALITY OF WARRANTS
SF 145 allows non-sworn law enforcement personnel with a need and right to know, to access court information about outstanding warrants, which can then be shared with sworn law enforcement officers.
House File 223-EXPLOSIVES PERMITS
HF 223 changes the current period of time for licenses for commercial explosives from one to three years. Prior to issuing or renewing a permit, the person is subject to a national criminal history check through the FBI. Fees for the check are paid by the applicant or their employer.
Senate File 384-INTERFERENCE WITH OFFICIAL ACTS AND COMMUNICATIONS DEVICES
SF 384 will make it a criminal offense to remove or attempt to remove a Peace Officer or Corrections Officer’s communication device. Punishment for the crime will be based on the intent and injury caused to the officer. SF 384 also updates the definition of “interference with official acts” punishment for the crime will increase based on the severity of injury to the officer.
House File 307 — Homeland Security and emergency management department
House File 307 removes the Division of Homeland Security and Emergency Management from under the Department of Public Defense and makes it a stand-alone department.
Senate File 380 — charitable auctioning of spirits
Senate File 380 allows “spirits” to be auctioned at charity events by adding them to the permit currently used for beer and wine
House File 395 — Vehicle franchise agreements
House File 395 creates a new section in the vehicle franchise code chapter entitled “Alteration of Franchisee’s Community.” This section details that a franchiser shall not unreasonably alter a franchisee’s community. The section provides for notification of any proposed alterations, as well as an explanation for the basis of the alteration. This new section provides the franchisee with an opportunity to object to the alteration and have an internal appeal process, as well as a hearing with the Department of Inspections and Appeals if the franchisee wishes to challenge the reasonableness of the proposed alteration. This new section also provides the franchisee with 12 months of operation with the alteration before the franchiser can take any adverse actions.
Senate File 427 — plumber’s licensing reform
Senate File 427 makes changes to the Plumbing and Mechanical System’s Board, creates a license for sheet metal work, and combines paperwork for contractor registration and contractor licensing.
House File 14 — weight limitations on retractable axles
House File 14 allows a vehicle that has retractable axles to raise an axle when necessary to complete a turn if that axle is lowered within 1000 feet after completing the turn. This section does not apply to interstates, interstate ramps, or on bridges. Vehicles utilizing this type of turn will be exempt from weight limitations during the turn if they otherwise comply with weight limits when the axles are lowered.
Senate File 355 — Overweight vehicles
Senate File 355 makes changes relating to the regulation of overweight/oversize vehicles including single and multi-trip permits and various other permits.
House File 355 — Online License Renewal
HF 355 creates a mechanism for renewing a driver’s license online. The bill provides that a driver will only be eligible for online renewal every other renewal. The bill also provides transition provisions for online driver’s license renewal by allowing the Department to issue licenses for periods of five, six, seven, or eight years in order to equalize renewal periods over succeeding years.
Senate File 224 — Duplicate license fees, Veteran status, License Extension
Senate File 224 amends a code section that allows honorably discharged veterans to have this status noted on their driver’s licenses. The bill establishes a single replacement fee of $10. It also removes a provision that gave non-expiring, non-operator identification cards to anyone age 70 or over but provides for the issuance of a non-operator’s identification card without fee to a person whose driver’s license is voluntarily surrendered due to physical or mental inability to drive. The bill extends the validity of driver’s licenses from five years to eight years for drivers between the ages of 17 years, 11 months and 72 years (but not beyond a person’s 74th birthday). The fee for the driver’s license does not change because the current law fee is based upon years of validity.
*The provisions of this bill dealing with extending licenses to eight years was effective upon enactment
Senate File 115 — graduated driver’s liceneses (Effective January 1, 2014)
Senate File 115 increases the number of months a minor is required to have their instruction permit before obtaining an intermediate license from 6 months to 12 months and makes changes to the number of unrelated persons a minor can have in the car with them.
Ways and Means
House File 641- IOWA REINVESTMENT ACT
An act authorizing the establishment of reinvestment districts for purposes of expediting economic development by capturing two-thirds of the state sales tax and the state hotel excise tax generated by new projects within an established district to be used for capital investment of the new project. The size of the district would need to be located within and urban renewal area, and limited to 10 acres. The bill requires state oversight and approval by the economic development authority. A period of 20 years would be the limit for such districts, and then would have to be dissolved.
Senate File 436 – HISTORIC TAX CREDIT
Amends the definition of "substantial rehabilitation" for purposes of the credit to clarify language and qualify additional rehabilitation projects for the program. Creates an option for a 12 month extension on the completion deadline for projects that incur more than 50% of their anticipated qualified rehabilitation costs within 60 months of project application approval. Changes the definition of a "small project" to from projects under $500,000 to projects under $750,000.
House File 630 – SALES TAX EXEMPTION FOR HYDROELECTRIC CONVERSION PROPERTY
Currently, Code section 423.3, subsection 54, provides a sales tax exemption for the sales price of wind energy conversion property to be used as an electric power source and the sale of the materials used to manufacture, install, or construct wind energy conversion property used or to be used as an electric power source. The bill makes this provision equally applicable to hydroelectric conversion property.
There are plans to build a power plant that would provide power to up to 18,000 homes at Lake Red Rock.
Senate FIle 295 – LARGEST PROPERTY TAX CUT IN IOWA HISTORY (Effective upon Enactment)
Rolls back commercial and industrial property 5% a year over two years. Limits valuation growth from the current 4% a year to 3% a year immediately for agriculture and residential properties. After rollback is complete, Ag and residential stay tied together while commercial and industrial would be frozen at 90%.
Provides 100% backfill to local governments the first four years, then caps that amount going forward at year four levels. Backfill would be a standing unlimited appropriation and not subject to future across the board cuts. Senate business property tax credit totaling $125 million is included, as well as provisions relating to the Taxpayer Trust Fund, Telecommunications Taxation, and Property Assessment Appeal Board.
Divisions of the bill effective upon enactment
Division II - Property Assessment Limitation and Replacement
Division IV - Telecommunications Company Property Taxation
Division V - Taxpayer Trust Fund Tax Credit
Division VI – Property Assessment and Appeal Board
Division VII – Earned Income Tax Credit
House File 361 — DISABLED VETERAN HUNTING LICENSES FOR NONRESIDENTS
Allocates 25 deer and 25 wild turkey special nonresident hunting licenses to nonresident disabled veterans or disabled persons currently on active federal military service. The license fee would be the same as a resident license. Licenses can only be used on hunts conducted by organizations that conduct hunting experiences for disabled veterans.
House File 544 — IOWA VETERANS HOME
Updates code relating to the Iowa Veterans Home, such as clarifying the types of care provided at the IVH, admission requirements, requirements and qualifications of the Commandant, payments from members of the IVH, etc
House File 545 — VETERANS TRUST FUND BRAIN INJURY EXPENDITURE
Creates a new expenditure category to the Veterans Trust Fund for the purpose of screening or treating medical needs relating to a military service-connected traumatic brain injury.
House File 613 — WAR ORPHANS EDUCATIONAL ASSISTANCE FUND
Transfers the War Orphans Educational Assistance Fund and transfers all monies in the fund to the Veterans Trust Fund. Creates a spendable account in the Veterans Trust Fund that allows children that had a parent killed in action, that meet certain criteria, to apply for educational assistance.