Excerpts from lobbyist Craig Schoenfeld's weekly news update:
"Funnel" Deadline Winnows Issues For 2010 Legislature
Iowans can still chat on their cell phones while driving. But state lawmakers are moving ahead with a ban on sending texts or e-mails - although people could still read them - while behind the wheel. Most legislative proposals had to win a thumbs-up from an Iowa House or Senate committee by the end of this "funnel week" to have a shot at becoming law this year. The so-called "funnel" deadline does not apply to the state budget or tax proposals. Bills that earned backing survived, while lawmakers flushed hundreds of other bills.
A couple of bills that are no longer eligible:
BROADER SMALL CLAIMS COURT: Raises the threshold for a small claims case, where Iowans can represent themselves without a lawyer to $10,000, up from $5,000. HF 2002.
CELL PHONE DRIVING BAN: Prohibits using a cell phone while driving except in hands-free mode. HF 2020.<
State Auditor Claims Culver Budget Surpasses Legal LimitGov. Chet Culver's proposed budget is at least $25 million above the state's legal spending limits, largely because of inaccurate calculations of possible savings, State Auditor David Vaudt said this week. Last month, Culver released his proposed budget to the Legislature for the fiscal year that begins July 1. By law, his proposal must not exceed 99 percent of projected revenues.
Vaudt, a Republican whose analysis was based upon Culver's numbers as well as information from the Legislative Services Agency, said he would forward his report to the Iowa attorney general's office to examine whether legal action against the governor is warranted.
Bill requiring sick leave moves forward in Senate
A state senator is determined to help part-time and full-time Iowa employees get paid time off when they're sick, even if it's just a couple of days a year.
"I want to get somewhere between two and five days of sick time," said Sen. Tom Courtney, D-Burlington, said of legislation he's proposing. "I'd like to change this and make it work."
Courtney's bill, Senate Study Bill 3176, remained alive past this week's funnel deadline. Business and employer groups have objected to the legislation. Courtney said he's willing to change the legislation so that it won't affect businesses that already offer some sort of sick leave, such as a package of "paid time off" that lumps together paid vacation, personal days and sick time.
The bill moved forward, 2-1. Courtney and Hatch voted for it, and Sen. Ron Wieck, R-Sioux City, voted against it.
Sprinkler bill survives funnel
House File 2062 was approved unanimously by the House Commerce Committee. As originally drafted, the bill would have prevented state and local political units from mandating the installation of sprinkler or fire suppression systems in new residential housing. However, to clear political hurdles, the bill was amended significantly.
Negotiations between legislators, advocates for the bill and the bill's opponents resulted in a variety of amendment proposals, most centering on implementing some form of square footage restriction or moratorium. The amendment that ultimately passed wouldrequire a city or county that adopts a building code by reference, to have a separate vote on any sprinkler mandate. The amendment was endorsed by the Iowa League of Cities and the firefighter groups, but not the coalition (Home Builders Assoc. of Iowa, Iowa Realtors Assoc., Habitat for Humanity, Iowa Rural Water Assoc.) that first proposed the legislation to block sprinkler mandates.
While the bill in its current form only goes so far in preventing a proliferation of local governments from adopting sprinkler mandates, it does allow the debate on the issue to continue for the 2010 legislative cycle. Had a bill not advanced to the House floor prior to this week's funnel deadline, it would have been difficult to resurrect the issue prior to the 2011 legislative session. Coalition members can now focus on amending the bill on the floor in a fashion to limit cities' and counties' ability to mandate sprinklers in new residential construction.
Bill Tracking
(Bill numbers beginning with the letter "H" are House bills and those beginning with the letter "S" are Senate bills):
Follow-up on industry-related legislation activity the week of February 12
HF 2282 HOMESTEAD LIENSs
Specifies that liens do not attach to a homestead except in specific cases (certain debts including some created by a written contract, some home improvements, and some other debts related to survivorship). Deems a warranty of title by a former occupying homeowner as a claim against all judgments against the current homeowner (unless noted otherwise in the conveyance). Requires any lien against a homestead to be filed in 30 days in writing. Allows a court order to release a claimed lien by positing a bond of 125% of the claimed amount (making any judgment against the bond). Replaces that the bond be released if no execution on the bond is ordered within 30 days.
The House PASSED the bill, 94-0; it now goes to the Senate
HSB 559 OWNER BUILDER MECHANICS LIEN
Establishes a state construction registry. Changes contractor references in regards to these liens to General Contractor and adds a category for Owner-Builder. Requires that a lien include the address of the property of a description of the location. Requires a general contractor to give notice to an owner that subcontractors may file liens. Requires a general contractor or owner-builder to notify IFA on the commencement of work. Requires subcontractors to make various submissions. Establishes deadlines for subcontractors to file liens due to non-payment by a general contractor. Contains other related provisions.PASSED out of the House Judiciary Committee, 21-0\
HF 2182 ELECTRICAL LICENSING
Exempts farmers, and employees or relatives, from licensing rules on electrical work, from needing to have a permit, and from needing to have the work inspected. PASSED out of the House Agriculture Committee,17-2
HF 2062 FIRE SPRINKLER SYSTEMS
Prohibits a building code from requiring a fire suppression system in a one or two family home or a four-unit apartment. AMENDED & PASSEDout of the House Commerce Committee, 23-0
Follow-up on general businss-related legislation activity the week of February 12
HSB 714 LLCS & OTHER MATTERS
Makes the registered office for all LLCs, whether formed in Iowa or another state the same. Requires that a registered agent be a person or business in the state and that the address of an LLC for its registered office and the business office of its registered agent be the same. Requires notice to the Secretary of State of moves. Allows service of process through the mail and deems service to be complete on the date of a receipt or five days after mailing. Allows service through any other legal means. Allows the SOS to impose fees for filing biennial reports. Authorizes administrative dissolution for the failure to file a biennial report, to have a registered agent or to fail to file notice of a move. Other: Allows a business corporation to be dissolved for failing to pay any fee, tax or penalty due to the Secretary of State. Requires biennial reports to be current when filed. PASSED out of the House Judiciary Committee 21-0
SSB 3176 SAFE & SICK TIME
Requires that employees who work 20 hours a week or 1,080 hours a year accrue safe & sick time as of July, 2010. Requires new employees to wait 60 days before using any such time. Establishes conditions for use of such time and a formula for computing it. Allows an employee to use no more than 144 hours per year. Does not require an employer to pay off sick and safe time when the employee leaves the company. Allows an employer to recover the money paid for such time if an employee takes it with meeting the conditions. Allows employees to make complaints to the Labor Commissioner.AMENDED & PASSED out of the Senate Business and Labor Committee 7-4 (Collective bargaining takes precedent.)
The following industry-related legislation was introduced the week of February 12 in the Iowa House and Senate. For full details of the legislation, please visitwww.legis.state.ia.us
HF 2348 MANUFACTURED HOME TAXES (Successor toHSB 632) Requires that the use tax on manufactured homes be paid by the buyer to a licensed manufactured home retailer, and for the retailer to apply for a certificate of title. Requires the tax to be forwarded to the county treasurer or the DOT, and then to the DOR. Allows the county treasurer to keep $1 for each tax payment. Includes other provisions.
HF 2359 HIGH PERFORMANCE BUILDINGS Requires DAS to adopt standards on energy efficiency and other matters for constructing or renovating (more than 50%) public buildings. Requires DAS to approve plans for buildings with more than 10,000 square feet and for the work to meet LEED standards. Requires projects in smaller buildings to make best efforts to meet the standards. Allows for waivers if the costs of energy efficiency measures exceed 5% of the total cost..
HF 2366 MULTIPURPOSE BUILDINGS Allows part of a multi-purpose building to be assessed as residential property if occupied by the taxpayer as a homestead. Defines such a building as having four units, with the other units assessed as commercial or industrial property.
SF 2199 MANUFACTURED HOME TAXES(Successor toSSB 3133)Requires that the use tax on manufactured homes be paid by the buyer to a licensed manufactured home retailer, and for the retailer to apply for a certificate of title. Requires the tax to be forwarded to the county treasurer or the DOT, and then to the DOR. Allows the county treasurer to keep $1 for each tax payment. Includes other provisions.
SF 2208 LICENSING REPORTS Requires the DPS to report on the economic effects and the benefits of statewide electrician licensing. Requires the DPH to report on the economic effects and benefits of statewide plumber licensing. Requires the reports by June, 2011.
SF 2256 HOME INPECTORS Establishes a Home Inspection Board to license home inspectors. Pre-empts all local laws. Makes it a simple misdemeanor for someone to do home inspection services without being licensed. Contains provisions for the board to institute licensing and other matters.
SF 2265 SMART PLANNING(Successor to SSB 3096)Establishes 10 smart planning principles (collaboration, efficiency-transparency & consistency, clean-renewable-efficient energy, occupational diversity, revitalization, housing diversity, community character, natural resources & agricultural protection, sustainable design, and transportation diversity). Creates a 27-member task force on smart membership. Requires four meetings and report by November 2010. Requires the task force to consult various experts, and to develop recommendations and measurements on smart planning.
The following general business legislation related to our industry was introduced this past week in the Iowa House and Senate. For full details of the legislation, please visit www.legis.state.ia.us.
HF 2375EMPLOYEE FILES (Successor toHF 2116) Gives former employees the same access to their employee files as current employees for two-years after ending employment. Makes definitions.
HF 2401 UNEMPLOYMENT COMPENSATION ISSUES Relating to qualifications for and payment of unemployment compensation benefits, and including effective date and applicability provisions.
HF 2420 "FAIR SHARE" (Successor to HSB 702) Authorizes fair share agreements in union contracts to set payments to the union for union services. Contains implementing provisions.
HF 2421 PREVAILING WAGE (Successor to HSB 699) Requires the pay by contractors for most public projects to be the same as the contractor would pay for a private project. Commissioner: Requires Labor Commissioner to determine pay rates for regions and by job. Gives the commissioner enforcement powers, including issuing notices of amounts owed for not meeting prevailing wage requirements. Local Governments: Allows a local government to decide not to pay prevailing wage by adopting a resolution but does not apply to projects funded by the federal government.
HSB 714 LLCS & OTHER MATTERS Makes the registered office for all LLCs, whether formed in Iowa or another state the same. Requires that a registered agent be a person or business in the state and that the address of an LLC for its registered office and the business office of its registered agent be the same. Requires notice to the Secretary of State of moves. Allows service of process through the mail and deems service to be complete on the date of a receipt or five days after mailing. Allows service through any other legal means. Allows the SOS to impose fees for filing biennial reports. Authorizes administrative dissolution for the failure to file a biennial report , to have a registered agent or to fail to file notice of a move. Other: Allows a business corporation to be dissolved for failing to pay any fee, tax or penalty due to the Secretary of State. Requires biennial reports to be current when filed.
HSB 718 IOWA LABOR Strikes the preference for Iowa labor in construction for public improvements and buildings.
SF 2270 WORKPLACE LACTATION(Successor toSF 2112) Requires employers to give an employee reasonable time at work, whether paid or unpaid, to express milk, and to make reasonable efforts to give her a private place. Requires the DWD to make information available on its website. Includes definitions.
SF 2285 WORKERS COMP OVERTIME (Successor to SSB 3175) Requires worker's comp benefits to include compensation for premium and overtime pay. Requires worker comp disability benefits to be indexed by the disability COLA used by Social Security
SSB 3224 STREAMLINE SALES TAX Relates to the administration of the sales and use taxes under the streamlined sales tax agreement and including effective date provisions.
To view any of these bills, go to the Iowa General Assembly web site:
Lobbyist Contact Information:
Wasker Dorr Wimmer & Marcouiller, P.C.
4201 Westown Parkway, Suite 250
West Des Moines, IA 50266-6720
TEL: 515-283-1801
FAX: 515-283-1802
Bill Wimmer Craig Schoenfeld
515-371-8920 (cell) 515-371-8921 (cell)
bwimmer@wdwm.net cschoenfeld@wdwm.net