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Legislative Update. The 2010 session of the Iowa General Assembly. Scott Sundstrom Office: (515) 283-8174 Cell: (515) 306-9658 [email protected]. The Landscape. Democrats in Control. Page 2. Democrats Control the Senate. Page 3. - PowerPoint PPT Presentation
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THE 2010 SESSION OF THEIOWA GENERAL ASSEMBLY
Legislative Update
S c o t t S u n d s t r o mO ff i c e : ( 5 1 5 ) 2 8 3 - 8 1 7 4C e l l : ( 5 1 5 ) 3 0 6 - 9 6 5 8
s a s u n d s t r o m @ n y e m a s t e r. c o m
DEMOCRATS IN CONTROL
The Landscape
Page 2
Iowa Senate 2009-2010
Republicans (18)Democrats (32)
Democrats Control the Senate
Page 3
Iowa Senate 2007-2008
Republicans (20)Democrats (30)
Mike Gronstal (D-Council Bluffs)Senate Majority Leader
• Serving his seventh term in the Iowa Senate
• Senate Democratic leader since 1997
• Comes from a family of bankers – didn’t know “damn Democrat” was two words until he was a teenager
Page 4
Paul McKinley (R-Chariton)Senate Minority Leader
• Serving his third term in the Iowa Senate
• Became Senate Republican leader after November 2008 election
• Bought and expanded a manufacturer of garment bags for men’s clothing stores
Page 5
Iowa House 2009-2010
Republicans (44)Democrats (56)
Democrats Control the House
Page 6
Iowa House 2007-2008
Republicans (47)Democrats (53)
Pat Murphy (D-Dubuque)Speaker of the House
• Serving his eleventh term in the Iowa House
• House Democratic leader since 2004
• Ninth of ten children
Page 7
Kevin McCarthy (D-Des Moines)House Majority Leader
• Serving his fourth term in the Iowa House
• House Majority leader since 2006
• Father is a former Des Moines police chief and current Polk County Sheriff
Page 8
Kraig Paulsen (R-Hiawatha)House Minority Leader
• Serving his fourth term in the Iowa House
• Became House Republican leader after November 2008 election
• Served in the Air Force for 10 years, including as a Minuteman missile operator and maintainer in Minot, North Dakota
Page 9
House Moderates
Page 10
Roger Thomas(D-Elkader)
Geri Huser(D-Altoona)
Dolores Mertz(D-Ottosen)
Doris Kelly(D-Waterloo)
Brian Quirk(D-New Hampton)
McKinley Bailey(D-Webster City)
Larry Marek(D-Riverside)
Mike Reasoner (D-Creston)
IT AIN’T PRETTY
The Budget
Page 11
Where It Comes From
Alcohol/Tobacco4.1% Fuel
7.3%
Income Taxes43.1%
Gambling4.6%
Corporate/Bank/Insurance Taxes
6.4%
Sales/Use Taxes33.8%
Other1.5%
Sources of Revenue
12 months endingFebruary 2010
Source: Legislative Services Agency, Monthly Total Tax Memo (03-27-10)
Page 12
Educate, Medicate, Incarcerate
Education57%
Health & Human Services
22%
Justice Systems
12%
Everything Else9%
FY 2010 General FundAppropriations
Source: Legislative Services Agency,
Fiscal Facts 2009 (05-09)
Page 13
The Harsh Reality
Page 14
Net General Fund Revenue$5,000,000,000.00$5,200,000,000.00$5,400,000,000.00$5,600,000,000.00$5,800,000,000.00$6,000,000,000.00$6,200,000,000.00
$682.4 million reduction from FY 2008 to FY 2010
Source: Revenue Estimating Conference (4-4-08; 3-11-10)
But Not as Bad as Expected
Revenue Source FY 2010 estimate(compared to FY09)
FY 2010 actual (first 9 months)
Personal Income Tax -5.8% -3.0%Sales/Use Tax -3.8% -2.8%Corporate Tax -12.8% -10.1%Other taxes -6.7% -8.8%Other receipts -7.6% -7.7%Total General Fund receipts -8.7% -5.6%
Source: LSA Monthly General Fund Receipts (04-01-2010)
Page 15
Ways & Means Committee
Appropriations Committee
Raises money Spends money
In the Hot Seat
Bob DvorksyChair, Senate Appropriations Committee D-Coralville
Jo OldsonChair, House Appropriations CommitteeD-Des Moines
Page 16
Joe BolkcomChair, Senate Ways & Means Committee D-Iowa City
Paul ShomshorChair, House Ways & Means CommitteeD-Council Bluffs
Budget Results
FY 2009 FY 2010 FY 2011$0.0
$1,000,000,000.0
$2,000,000,000.0
$3,000,000,000.0
$4,000,000,000.0
$5,000,000,000.0
$6,000,000,000.0
Total Appropriations
Page 17
OVERVIEW
2010 Session
Page 18
2010 By the Numbers
Second year of two-year General Assembly79-day session – 21 days shortLegislative activity
1,424 bills and study bills filed (1,940 in 2009) 84 resolutions filed (103 in 2009) 1,068 amendments filed (1,154 in 2009) 196 bills enrolled (184 in 2009)
April 29 deadline for Governor’s action on bills passed during last three days of the session
Page 19
LABOR & EMPLOYMENT
2010 Legislation
Page 20
WARN Act
HF 618 is the Iowa version of the federal Worker Adjustment and Retraining Notification (“WARN”) Act
Federal law: Applies to employers of 100 or more employees Requires 60-day advance notice to affected employees when there is a
plant closing or mass layoff affecting 50 or more full-time employees
Iowa law: Applies to employers with 25 or more full-time employees Requires 30-day advance notice to affected employees when there is a
plant closing or mass layoff affecting 25 or more full-time employees $100/day for each day required notice not given – maximum of $3,000
if no notice No other remedies – no private cause of action; no injunctions
Page 21
Military
Veteran’s Day Holiday – HF 2197 Veteran’s entitled to take Veteran’s Day (November 11) off from work Paid or unpaid at employer’s discretion Veteran/employee must give 30-days advance notice Employer may deny time off if time off “would impact public health or safety
or would cause the employer to experience significant economic or operational disruption”
Employer must make decision about granting time off at least 10 days in advance
Unemployment Compensation for Military Trailing Spouse – HF 2110 Applies to spouses of military personnel who voluntarily quit to follow their
spouses who have been moved by the military Trailing spouse is eligible for unemployment benefits to be paid out of
Iowa’s unemployment trust fund Not charged against employer’s account
Page 22
Genetic Information
Iowa Code § 729.6 prohibits employers or prospective employers from: Requiring employees to take genetic tests (subject to very narrow exceptions) as
a condition of employment Altering the terms or conditions of employment of a person who takes a genetic
test Terminating a person who takes a genetic test Offering a person employment or paying an employee in exchange for taking a
genetic test
SF 2215 adds new prohibitions to § 729.6 applicable to ANY person Any person must have informed, written consent to:
Obtain, collect, retain, or transmit genetic information Conduct genetic testing
Additional prohibitions on health insurers Similar to the federal Genetic Information and Nondiscrimination Act
Page 23
Considered, but NOT Enacted
Workers’ Compensation HF 2382 – would have allowed employee choice of doctor in the 411 system (police and
firefighters) SF 2285 – would have required included overtime and premium pay in the calculation of
benefits; also would have added a COLA for permanent total disability benefits Paid time off – SF 2337
Would have mandated employers provide accrued paid sick and safe leave for all employees (full and part-time) up to 144 hours/year
Fair share – HF 2420 Would have allowed state executive branch unions to collect fees
from nonmembers for union services Breastfeeding – SF 2270
Would have required workplace accommodations for women to express breast milk
Personnel files – HF 2375 Would have required employers to provide copies of
personnel files to former employees upon request
Page 24
HEALTH INSURANCE
2010 Legislation
Page 25
Health Insurance Mandates
Private SectorCancer clinical trialsMental health and
substance abuse Only for veterans Only required for groups of
over 50 employees Required of smaller
employers if offer any mental health coverage
State Employees Only
Autism – applied behavioral analysis
Medication therapy management
Page 26
Premium Rate Increases
When a health insurance carrier files for a rate increase it must mail notice to all policyholders
The Insurance Consumer Advocate is directed to solicit comments
The Insurance Commissioner is directed to hold a public hearing
Information used by a health insurance carrier to justify a rate increase is a public record
Page 27
Dental Noncovered Services
Dental carriers negotiate prices for services in contracts with dentists
Negotiate fee limits on what dentists can charge for services not reimbursed by the carrier Contract limitation (frequency limit, co-pay,
deductible) Not covered under the policy (implant, whitening)
HF 2229 prohibits any negotiated fee for services not reimbursed by the dental carrier
Increase out-of-pocket costs for patients Page 28
Health Insurance Reform
Iowa – SF 2356 Expands IowaCare program Creates an Iowa information exchange – compare coverage options
Federal Reform Will require a number of state legislative changes
Immediate and short-term implementation . . . National high risk pool established Secretary of Health and Human Services begins designing a national
premium rate review process Internet portal created Internal/external appeals process Rescission restrictions Dependent coverage extended up to age 26 Prohibition on lifetime limits and restrictions on annual limits for “essential benefits” No pre-existing condition exclusions for children under 19 Mandatory minimum loss ratio requirement
Page 29
LITIGATION
2010 Legislation
Page 30
Iowa False Claims Act
SF 2088, §§ 338-344 Very similar to the federal False Claims Act, 31 U.S.C.
§§ 3729-3733 Allows Iowa to retain an additional 10% of amounts
recovered for Medicaid fraudWhistleblowers who have knowledge of fraud
committed against the government may sue on behalf of the state and retain a portion of any recovery
Treble damages and civil penalties
Page 31
State Debt Collection – SF 2383
Establishes a state debt coordinator to coordinate collection of debts owed to the state
State gets lien against all monetary claims arising from a civil actions filed by a state debtor against third parties Effective upon the Coordinator filing notice with the clerk of the
district court where the action is filed and notice to the debtor/debtor’s attorney
Lien effective against the monetary claim in the civil action Subsequent settlement requires written agreement by the
Coordinator Insurance company that makes a payment to the debtor in a civil
action subject to a lien by the Coordinator has no further liability for the lien filed in the civil action
Page 32
Wrongful Death Damages
HF 758 – hedonic damages “Loss of enjoyment of life” “Measured separate and apart from the economic
productive value the decedent would have had if the decedent lived”
Passed the HouseBrought up for debate in the Senate – but did
NOT pass
Page 33
TAXES
2010 Legislation
Page 34
Tax Credits – SF 2380
Legislative Tax Expenditure Committee Assess existing “tax expenditures” – credits, exemptions, deductions, and rebates Review of all virtually all tax existing credits over a 5-year period from 2011 to 2015
Suspends film tax credits until July 1, 2013, Iowa Code § 15.393 Reduces total authorized amounts of several credits Modifies:
Supplemental research activities credit, Iowa Code § 15.335 Investment tax credit, Iowa Code § 15.333 – Refundability eliminated for value-added
agricultural products Repeals:
Economic development region revolving loan fund tax credit, Iowa Code § 15E.232 Venture capital fund investment tax credit, Iowa Code § 15E.51
Reenacts the Iowa estate tax (contingent on federal estate tax changes) Interim study committees
Enterprise zones Industrial new jobs training program
Page 35
CAMPAIGN FINANCE
2010 Legislation
Page 36
Current Events
Citizens United v. Federal Election Commission U.S. Supreme Court strikes down the ban on
corporations making independent expenditures for: Electioneering communications – “any broadcast, cable, or
satellite communication” that “refers to a clearly identified candidate for Federal office” and is made within 60 days of a general election or 30 days of a primary
Expressly advocating the election or defeat of a candidate
Does not permit direct corporate contributions to candidates
Page 37
Iowa Reaction – SF 2354
Pre-Citizens United Iowa law, Iowa Code chapter 68A Corporations, financial institutions, and insurance companies could not expressly advocate
the election or defeat of a candidate, Iowa Code § 68A.503 Unconstitutional after Citizens United
Iowa response – SF 2354 Took effect on April 8, 2010 Corporations, financial institutions, and insurance companies may make independent
expenditures that expressly advocate the election or defeat of a candidate using corporate money, Iowa Code § 68A.503(4)(d)
Regulation of independent expenditures, Iowa Code §§ 68A.404, 68A.405 Triggered when expenditures exceed $750 Authorization of board of directors to make independent expenditure in same year
independent expenditure made File reports detailing nature of expenditures – initial report due within 48 hours of first
expenditure May not use an advertising firm that was retained in the prior 6 months by a candidate
benefited by an independent expenditure Attribution statement that states “paid for by” and the name of the corporation and the
name of the corporation’s CEO
Page 38
THE LEGISLATURE’S WEB SITE
Further Reading
Page 39
www.legis.state.ia.us
Page 40
The Bill Book
Page 41
2010’S GREATEST HITS
And in Conclusion . . .
Page 42
Great Moments in Legislating
Major strides in criminal lawHF 2286 – no longer a crime to detain a person who
is not a prostitute in brothel with the intention of making the person “an inmate thereof”
HF 2287 – “simulated” public intoxication is a separate offense from public intoxication
HF 2288 – repeals the limit of two cowl lamps on vehicles
Page 43
Great Moments in Legislating
Notwithstanding any other provision of law, if any accident involving the emergency landing of an airplane, hot air balloon, glider, helicopter, or flying De Lorean on a jogging trail, beach, or other recreational or public area causes the death of a pedestrian who was listening to a portable media player at the time of the accident, the operator of the aircraft involved in the accident is guilty of a simple misdemeanor. In addition to any other penalty provided by law, the operator may be subject to a fine of one thousand dollars or suspension of the person's driver's license for not more than one hundred eighty days, or both. -- Amendment H-8649, by Rick Olson (D-Des Moines)
Page 44