SSB 3104 – Mass Notification & Emergency Messaging System
SF 2288 – Government Efficiency
SSB 3057 – Sleep Professionals
SSB 3159 – Public Pensions
SF 2054 – Confidential Employees
SF 2157 – Emergency Siren Task Force
SSB 3161 – Horse Purses – Standardbreds
SSB 3130 – Electronic Voter Registration
SSB 3130– Fireworks
SSB 3163– Administration of the ICN
SSB 3102– Homeland Security & Disaster Emergencies
SSB 3068 – Square Footage Rental
SSB 3131– Administration of Elections
SF 2162 – CIO & Confidential Database
SSB 3103– Volunteer Emergency Services
COMMITTEE ACTION:
SSB 3104 establishes a mass notification and emergency messaging system. Highlights include:
• “Mass notification and emergency messaging system” is a system that disseminates emergency and public safety related information to the public by various means, including telephone, wireless communications service, dual party relay service or telecommunications device, text messaging, electronic mail and facsimile, and which integrates with federal emergency messaging systems.
• Establishes legislative intent that the mass notification and emergency messaging system fund receive an annual appropriation to ensure that the system functions throughout the state on an ongoing basis.
• Creates the fund under the control of the Department of Homeland Security, consisting of funds appropriated by the Legislature and any other funds available to and obtained or accepted by the department. The fund retains interest and balances do not revert.
• The fund will be used exclusively to provide for the purchase and ongoing operation of a system capable of providing mass notification and emergency messaging to the public. The system will be purchased from a vendor selected by the department by a competitive bidding process, and will be under the control of the department.
• Information disseminated to the public through the mass notification and emergency messaging system is limited to imminent emergencies and public safety related issues.
• The department is authorized to provide access to the system for use at the county and local level. Access by a county or local government will be at the department’s discretion, and if approved by the department, will be under the control of the local emergency management commission or joint emergency management commission. The commission is required to establish an operational plan. The plan is submitted to the department for approval before access is granted.
• Additional access criteria and procedures for administering the fund are to be established by the department by rule, and the director is authorized to employ additional staff to administer and operate the system.
• Personal information collected for use in the system, including the names and contact information of emergency messaging recipients, will be considered confidential records under Code section 22.7. The director of Homeland security is authorized to provide all or part of such confidential information to federal, state or local governmental agencies possessing emergency planning or response functions if the director is satisfied that the need to know the information and its intended use are reasonable. An agency receiving confidential information pursuant to this exception will not redisseminate the information in any form without prior approval by the director. A corresponding provision is added to the confidential records provisions contained in Code chapter 22.7. [2/17: short form, all “ayes”]
SF 2288 is the 2014 government efficiency legislation. Highlights Include:
• Biennial reports. Deletes biennial reports required to be filed in odd numbered years. Retains reports required to be filed in even numbered years.
• State employee suggestion system – deletes.
• Department Internal Service Funds – An annual report is still required but redundant reports are deleted.
• Physical Resources and Facility Management – Deletes requirement that the Department of Administrative Services (DAS) annually issue a request for proposals (RFP) for leasing privately owned office space for state employees in the downtown area of Des Moines. DAS will do an RFP when needed.
• Fleet Management – Fuel Economy Requirements – Deletes requirement of a report on compliance with the corporate average fuel economy standards.
• State Capitol View Preservation – Deletes requirement that DAS provide quarterly reports on the Capitol View Preservation Plan. The Capitol Planning Commission deals with this subject.
• Recycled Products – Allows DAS to purchase printing and writing paper in lieu of recycled paper if DAS determines that the purchase will result in significant savings to the state.
• Setoff Procedures – Strikes requirement that DAS to send a copy of a setoff notice to the collection agency.
• Setoff Procedures – Redesignates the term “agency” rather than “state agency” while keeping the definition the same. The bill also defines “debtor” as a person who is liable on a claim to an agency. Corresponding changes to terms in Code section 8A.504 are made to reflect these changes. Code section 8A.504 (2) (k), relating to additional setoff requirements for debts owed and payable to a community college, is amended. The bill provides that the additional requirements apply to political subdivisions, that political subdivisions will establish and implement these enhanced procedures, and that the procedures will permit a debtor to contest the validity or the amount of the debtor’s claimed liability.
• ICN Network – Deletes requirement that state agencies provide an annual report to the Legislature certifying the identified savings associated with the agency’s use of the ICN.
• Educational Leave and Educational Assistance – Deletes annual report of review and implementation of educational leave and educational assistance programs by state agencies.
• Monthly report on military pay differential – Deletes
• Government Accountability and Service Contract Requirements:
O Standard terms and conditions of a service contract are required to be consistent with contractual requirements of 8F (Government Accountability – Service Contracts)
O “Service contract” is a contract between a government entity, called an oversight agency, and a private or other intergovernmental entity, called a recipient entity, where federal or state moneys are involved for a service or services when the predominant factor and purpose of the contract as reasonably stated is for the provision of services.
O Requires an oversight agency to perform a cost comparison and an economic impact analysis prior to entering into a service contract. The cost comparison requires a determination that a service contract will result in lower contract costs than having the services provided by state government. The economic impact analysis concerns a determination of the impact on employment, economic activity and public assistance if public employment in a particular area is reduced due to the service contract.
O A service contract is required to include performance criteria, provisions governing compensation paid to employees of a recipient entity, provisions prohibiting automatic renewal of a service contract, and provisions prohibiting payment regardless of whether the services are actually provided.
O An oversight agency is required to make certain information reported by a recipient agency available to the public.
O The Taxpayer Transparency Act (8G) is amended to specifically include recipient entities within the definition of “entity” for purposes of 8F. This information is required to be part of a searchable budget database Internet site. [2/17: 8-6, party-line (McCoy “pass”)]
SSB 3057 requires the licensing of polysomnographic technologists, and makes the provisions of Code chapters 147 and 272C, including penalty and other regulatory provisions that apply to other health professions applicable to the practice of polysomnography. Highlights include:
• Code section 147.86 provides that it is a serious misdemeanor to violate a provision of the licensing laws. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
• The licensing program is administered and regulated by the Board of Respiratory Care and Polysomnography, with one respiratory care practitioner replaced by a person licensed to practice polysomnography who has practiced polysomnography for at least six years.
• A licensed polysomnographic technologist practices under the general supervision of a licensed physician or qualified health care professional prescriber’s overall direction and control. The physician or qualified health care professional prescriber’s presence is not required during the performance of the procedure.
• A “polysomnographic technician” is a person who has graduated from a commission-accredited allied health education program or equivalent program accredited by a nationally recognized accrediting agency; has not yet received an accepted national credential awarded from an examination program that is accredited by a nationally recognized examination accrediting organization; who may provide sleep-related services under the direct supervision of a polysomnographic technologist for a period of up to 30 days following graduation while awaiting credentialing examination scheduling and results.
• A “polysomnographic technologist” is a person licensed by the board to engage in the practice of polysomnography under the general supervision of a physician or a qualified health care professional prescriber.
• A “qualified health care practitioner” is a person who is licensed under 147.2 (health-related professionals) and who holds a credential on the Board of Registered Polysomnographic Technologists list of accepted allied health credentials.
• A “qualified health care professional prescriber” is a physician assistant or an advanced registered nurse practitioner.
• Strikes original language, which exempted respiratory therapists from this chapter.
• Beginning Jan. 1, 2016, a qualified health care practitioner may apply to the board for a license to perform polysomnography. A license without examination is allowed if the application contains verification that the health care practitioner has completed 500 hours of paid clinical or nonclinical polysomnographic work experience within the three years prior to the application. The application is required to contain verification from the person’s supervisor that the person is competent to perform polysomnography.
• Beginning Jan. 1, 2016, educational requirements include graduation from a polysomnographic educational program that is accredited, or equivalent program as determined by the board; graduation from a respiratory care educational program that is accredited; graduation from an accredited electroneurodiagnostic technologist educational program with a polysomnographic certificate; and completion of the curriculum for a polysomnographic certificate.
• A person who is licensed under 147.2 (health-related professionals) who holds an active license may practice polysomnography without holding a polysomnographic license upon approval of the board. Individuals are required to submit verification to the board of successful completion of an educational program in polysomnography approved by the board or successful completion of an examination in polysomnography approved by the board.
• A qualified health care practitioner may provide sleep-related services under the direct supervision of a licensed polysomnographic technologist for a period of up to six months while gaining clinical experience necessary to meet admission requirements. The board may grant a one-time extension of up to six months.
• The bill is effective Jan. 1, 2015.
• Implementation period: A person who is working in the field of sleep medicine on Jan. 1, 2016, who is not eligible to obtain the registered polysomnographic credential will have until Jan. 1, 2017, to obtain a passing score on the polysomnographic technologist examination for licensure only. The person is required to be allowed to attempt the examination and be awarded a polysomnographic technologist license by passing the board’s test. After Jan. 1, 2017, only licensed as polysomnographic technologists may perform sleep-related services. [2/17: 9-6, party-line]
SSB 3159 makes a number of changes to Iowa’s Public Pension Systems. Highlights include:
Peace Officers’ Retirement, Accident & Disability System (PORS)
• Certain cancers and infectious diseases contracted by peace officer members of PORS are presumed to be a disease contracted while on active duty due to the job for purposes of establishing an accidental disability pension. “Cancer” and “infectious disease” are the same as defined for the statewide fire and police retirement system established in Code chapter 411. 6. “Cancer” means prostate cancer, primary brain cancer, breast cancer, ovarian cancer, cervical cancer, uterine cancer, malignant melanoma, leukemia, non-Hodgkin’s lymphoma, bladder cancer, colorectal cancer, multiple myeloma, testicular cancer and kidney cancer. “Infectious disease” means HIV or AIDS as defined in section 141A.1, all strains of hepatitis, meningococcal meningitis and mycobacterium tuberculosis.
• Provides that the presumption will not apply to peace officer members who joined the retirement system after July 1, 1992, in which the cancer or infectious disease would not have existed but for a medical condition that was known on the date the member joined.
• Increases the minimum contribution rate for peace officer members of the pension system beginning July 1, 2014, from 11.35 percent to 11.4 percent of earnable compensation.
• PORS is directed to conduct a study and collect data related to the implementation, utilization and costs associated with the requirements related to cancers and infectious diseases and to report to the Legislature by October 1, 2019, concerning the data collected and the system’s findings and recommendations.
IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (IPERS)
• Code sections 97B.1A (5) and 97B.44, concerning beneficiaries under IPERS, are amended to provide that beneficiaries can be designated through a qualified domestic relations order.
• Code section 97B.1A(8)(b), defining employees who are not covered under IPERS, is amended to provide that employees of an area agency on aging who were participating in an alternative retirement plan on June 30, 2012, and who elected out of IPERS coverage by September 1, 2013, are excluded from coverage under IPERS. A corresponding amendment is made to Code section 231.33, concerning area agencies on aging. These provisions take effect upon enactment and apply retroactively to June 30, 2012.
• Code section 97B.49B, concerning members in a protection occupation, is amended to provide that parole officers employed by a judicial district department of correctional services who are certified by the Iowa Law Enforcement Academy are included within the protection occupation category of IPERS.
• Code section 97B.49F (2), establishing the favorable experience dividend program for IPERS members who retired on or after July 1, 1990, is stricken.
• Code section 97B.49H, establishing active member supplemental accounts, is repealed. The bill includes corresponding amendments related to the repeal.
• Code section 97B.49I, providing for a qualified benefits arrangement, is repealed.
• Code section 97B.50A (9), concerning the medical board used for purposes of disability benefits for special service IPERS members, is amended to allow IPERS to use one or more physicians from the University of Iowa as the medical board. Current law requires that the medical board consist of three physicians from the University of Iowa.
• Code section 97B.53, concerning refunds, is amended to require a married IPERS member seeking a refund to submit a written acknowledgment of the member’s spouse to IPERS. The bill provides that a married member may still receive a refund if the member is unable to locate the spouse, and IPERS will not be liable based upon a refund made without the acknowledgment of the member’s spouse.
• Code section 97B.80, concerning the purchase of IPERS service for military service, is amended to provide that only a member vested by service or a retired member who is vested by service and is within six months of the member’s first month of entitlement may make a service purchase under this Code section. Currently, any vested or retired member, regardless of how the member became vested, who has at least one year of IPERS wages may make a service purchase at any time.
• Code section 97B.80C, concerning purchases of permissive service credit, is amended to provide that only a member vested by service or a retired member who is vested by service and is within six months of the member’s first month of entitlement may make a service purchase under this Code section. Currently, any vested or retired member, regardless of how the member became vested, may make a service purchase under this Code section at any time.
• Extends the exemption, which allows public hospital employees (licensed health care professional) to return to work after a one month wait (IRS requirement) rather than a four-month waiting period for another two years.
Statewide Fire and Police Retirement System
• New Code section 411.19 provides for a state appropriation to the statewide fire and police retirement system established in Code chapter 411 equal to 3.79 percent of the covered earnable compensation of the members (approximately $9.8 million). The percentage represents the cost of benefits provided by Acts of the 66th General Assembly. The bill restores the standing state appropriation to the retirement system that was repealed by 2010 Acts, chapter 1167. The repealed language had set the state appropriation based upon the cost of benefits provided by the Acts of the 66th General Assembly but did not specify a percentage.
Judicial Retirement System
• Transfers money from the general fund to the judicial retirement fund for FY 2013-14 ($18.9 million). The division takes effect upon enactment. [2/17: 12-3 (Chapman, Feenstra, Schneider “no”)]
SF 2054 amends the definition of “confidential employee.” Highlights include:
• Confidential employees is defined (8A.412, sub 16) as a personal secretary of an elected official of the executive branch or a person appointed to fill a vacancy in an elective office, the chair of a full-time board or commission, or the director of a state agency, as well as the nonprofessional staff in the office of the State Auditor and the nonprofessional staff in the Department of Justice, except those reporting to the administrator of the Consumer Advocate Division.
• Confidential employee, pursuant to 8A.412(sub 16), will be defined by the DAS rule for an employee hired on or after Dec. 19, 2012 (effective date of the rule), as notified in writing before the employee accepts employment that the employee may be excluded from the merit system because of the employee’s status as a confidential employee. The effective date conforms to the effective date of the rule (Dec. 19, 2012).
• This allows those hired in a merit position before the effective date of the rule, which expanded the definition of confidential employee, to remain a merit employee. [2/17: 9-6, party-line]
SF 2137 establishes a uniform statewide emergency outdoor warning system task force to establish common guidelines across the state for the activation of emergency outdoor warning systems. The director of the Department of Homeland Security & Emergency Management is required to convene a task force that includes members representing the Departments of Homeland Security, Public Defense, Public Safety, and Education, private sector meteorologists, emergency management commissions, and cities, counties, townships and unincorporated areas of varying populations and geographic areas of the state.
The task force is charged with collecting and analyzing data relating to the criteria for emergency outdoor warning system activation and the extent to which the criteria varies, and the varying procedures for activation of emergency outdoor warning systems. Based on this analysis, task force will develop recommendations for standardizing emergency outdoor warning system activation, as well as a set of best practices regarding the operation and maintenance of such systems. The task force is required to submit a report summarizing its findings and recommendations to the Governor and Legislature by January 1, 2015. [2/19: short form, all “ayes”]
SSB 3161 amends Code section 99D.7 (5), concerning purse money for horseracing. The change allows purse money designated for standardbred racing to also be used for breeder’s awards, standardbred harness racing expenses and the construction of harness racing tracks located in Iowa. [2/19: short form, all “ayes”]
SSB 3130 permits electronic (online) voter registration from the Secretary of State’s Internet site. Procedures and regulations are established. The bill takes effect January 1, 2015. [2/19: short form, all “ayes”]
SSB 3182 provides for the legal sale and use of novelties and consumer fireworks within Iowa. Current law provides that a person, firm, partnership or corporation, who offers for sale, exposes for sale, sells at retail, or uses or explodes any fireworks, commits a simple misdemeanor. Current law, however, also provides that a county board of supervisors or the Department of Natural Resources may grant a permit for the display of fireworks if the fireworks display will be handled by a competent operator. Current law further provides that the term “fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including blank cartridges, firecrackers, torpedoes, skyrockets, roman candles or other fireworks of like construction, and fireworks containing any explosive or flammable compound, or other device containing any explosive substance with limited exceptions.
SSB 3182 maintains these restrictions for display fireworks and provides that the term “display fireworks” will not include novelties or consumer fireworks. The bill provides that the terms “novelties” and “consumer fireworks” each respectively include all novelties or consumer fireworks enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1, which comply with the labeling regulations promulgated by the United States consumer Product Safety Commission.
SSB 3182 allows a person who is at least 18 years of age or a firm, partnership or corporation to possess, or transfer, offer for sale, expose for sale, or sell at retail any novelties or consumer fireworks to any person who is at least 18 years of age. The bill provides that any person who is at least 18 years of age may use or explode novelties or consumer fireworks. A person, firm, partnership or corporation who transfers or sells novelties or any consumer firework to a person who is less than 18 years of age commits a simple misdemeanor. A person who is less than 18 years of age who purchases, possesses, uses or explodes novelties or any consumer fireworks commits a simple misdemeanor. A simple misdemeanor is generally punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both, but the bill provides for a fine of a least $250.
The State Fire Marshal may order the suspension of the use of consumer fireworks, display fireworks or novelties if the fire marshal determines that the use of such devices would constitute a threat to public safety. A county board of supervisors or city council may by suspend the use of consumer fireworks, display fireworks or novelties if the they determine that the use of such devices would constitute a threat to public safety. A person who violates such an order or ordinance commits a simple misdemeanor, punishable by a fine of at least $250.
Current exemptions for goldstar-producing sparklers on wires, which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes that contain no mercury, and caps used in cap pistols are maintained. [2/19: 10-5 (Courtney, Dearden, Jochum, Petersen, Sodders, “no”)]
SSB 3163 modifies provisions relating to the administration and operation of the Iowa Communications Network (ICN). Currently, the executive director of the Iowa Telecommunications and Technology Commission, who supervises and administers the network, is appointed by the commission, in consultation with the director of the Department of Administrative Services and the Chief Information Officer. SSB 3163 deletes the requirement that the director of DAS be consulted in appointing the executive director of the commission. [2/19: all “ayes”]
SSB 3102 concerns the Department of Homeland Security as it relates to disaster emergencies. Code section 29C.6, concerning the proclamation of a disaster emergency by the Governor, is amended to provide that the Governor’s authority to enter into mutual aid arrangements with other states may include arrangements that extend the terms and conditions of the interstate emergency management assistance compact to situations in which a disaster proclamation of an affected state has not been made by that state’s governor. [2/19: all “ayes”]
SSB 3068 relates to the authority of cities to regulate and restrict the occupancy of residential rental property.
• Allows a city council to adopt an ordinance to regulate and restrict use or occupancy of property based upon familial and nonfamilial status.
•Such an ordinance will require that:
O The Board of Adjustment makes a special exception to the ordinance (414.12) if the owner or an owner-occupied property petitions for such a special exception and if making the special exception would not be contrary to the public interest.
O The Board of Adjustment grants a variance from the terms of the ordinance if the owner of an owner-occupied property makes an appeal for such a variance and if granting the variance would not be contrary to the public interest.
•The effective date is Jan. 1, 2015. [2/19: 13-2 (Feenstra, Schneider “no”)]
SSB 3131 makes a number of changes to the administration of elections. Highlights include:
• Under current law, voter registration closes at 5 p.m. 10 days prior to a general or primary election and 11 days prior to all other elections. The bill requires that voter registration close 11 days prior to primary elections.
• In order for an absentee ballot to be counted, the return envelope must be received in the Auditor’s office by the close of business (5 p.m.) the day after Election Day. Under current law, the absentee ballot must be received before the polls close on Election Day or must be postmarked no later than the day before the election and received by the county commissioner of elections no later than 12 noon on the Monday following that election.
• Military absentee ballots will be counted through 12 noon on the Monday following the election.
• The number of envelopes required for an absentee ballot is reduced.
• The bill repeals Code section 53.14, which requires that the printed affidavit designate the voter’s party affiliation if the ballot enclosed is a primary election ballot. [2/19: 8-7, party-line (Bowman “no”)]
SF 2162 requires the Chief Information Officer to implement a confidential common database in conjunction with other state agencies involved with administering public benefit programs.
• The term “public benefit programs” is means programs that assist low-income individuals and families, including various programs specifically listed.
• The purpose of the common database is to improve and reduce the costs of administering public benefits and to share confidential information. Development of the database is required to address issues specified by the bill, including capacity to apply for and access public benefit programs and related information through the Internet and by using a mobile device.
• Initially, the database is to be implemented with one or more pilot projects that are to be expanded as the projects are perfected. An annual report to the Governor and Legislature is required.
• There are exemptions if it is determined that federal financial support is jeopardized. [2/19: all “ayes”]
SSB 3103 adds protections for volunteer emergency service providers:
• Prohibits an employer from disciplining an employee for joining a volunteer emergency services unit or organization, including any municipal, rural or subscription fire department.
• Prohibits an employer from disciplining an employee who, because the employee was fulfilling the employee’s duties as a volunteer emergency services provider, is absent from or late to work if the employee has provided the employer with written notification that the employee is a volunteer emergency services provider.
• Prohibits an employer from discriminating against an employee because the employee was injured while performing duties as a volunteer emergency services provider.
• Prohibits an employer from discriminating against an employee who is injured while performing duties as a volunteer emergency services provider and who subsequently returns to work after receiving workers’ compensation benefits.
• “Discipline” is defined as taking an action against an employee that adversely affects the employee’s regular pay to an extent greater than permitted by state law, job status, opportunity for promotion or right to any benefit granted by the employer to other similarly situated employees.
• “Discriminate” is defined as disciplining or terminating the employment of an employee in a manner inconsistent with the employer’s treatment of other similarly situated employees who are injured in the course of their employment or related activities. [2/19: all “ayes”]