Statehouse News 10-4-05
9/19/2007
Dear Friends and Neighbors,
I hope you are all well and enjoying this beautiful fall we're having. I've been out trying to hear what is on your minds. This summer and fall, I've knocked on about 1300 doors, met with civic and business leaders, attended many different kinds of meetings and visited schools asking what you're concerned about and what you want me to work on for next year. If I haven't spoken to you yet and you have a concern or idea, please let me know.
While door knocking, I'm finding one recurring worry on the minds of seniors. It's the new Medicare prescription drug coverage. If you have any questions on the prescription drug program and how it works, you have several options. You can contact me via email or phone at 319-475-2276. I can answer basic questions and I'll get you to the right people or you can contact the Heritage Agency for Aging, Linda Derringer, at 319-398-5559. Linda can answer your questions and assign you to a SHIIP volunteer for individualized help in selecting a program.
Don't forget to contact me if you have a concern or want to share an idea. My email address is dawn.pettengill@legis.state.ia.us and phone is 319-475-2276.
Have a great week!
Warm Regards,
Dawn
p.s. If you'd like to unsubscribe, please let me know and I'll take you off the newsletter list. Or if you know someone who would like to be on the list, again, let me know and I'll get them added.
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Iowa House of Representatives
State Representative Dawn Pettengill
STATEHOUSE NEWS -- October 4, 2005
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INSIDE THIS ISSUE:
Natural Gas Prices May Go Up 44%
After Leaving Sex registry, Buffer Zone Still Applies
Changes Approved for Athletic Eligibility Standards
Forums on New Iowans Well Attended
Traffic Safety Summit
DNR Proposes Camping Reservation System
26 Counties Declared Drought Disaster
No Large Increases Predicted for RUTF Revenues
Funding Requested for Bio-Science Alliance
Road Weight Limits Suspended for Another 30 Days
Waubonsie State Park to Receive Funding
Attorney General and Smithfield Foods Settlement
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NATURAL GAS PRICES MAY GO UP 44%
The Iowa Utilities Board (IUB) says Iowans can expect to pay from 31% to 44% more for natural gas this winter as compared to last year. Although a big increase, it is not as bad as the 71% increase predicted by the U.S. Department of Energy earlier this month.
This means a customer that spent $592 on natural gas last winter would pay about $778 - $186 more - for the same amount of gas during the coming November to March heating season. This would increase an additional $74 - to $852 - if next winter matches the colder end of 30-year average temperature range.
The IUB estimate is based on natural gas price data through August 30, 2005, from Aquila, Atmos Energy, Interstate Power and Light Company, and MidAmerican Energy Company. The potential price increase is mitigated by price management practices used by Iowa's rate regulated utilities, such as off-season purchase and storage.
Low-Income Home Heating Energy Assistance
The Low-Income Home Energy Assistance Program (LIHEAP) is a federally-funded program providing aid to pay a portion of residential heating costs during the winter heating season. Maximum annual income and other eligibility requirements are:
* $14,255 for household of one
* $19,245 for two persons
* $24,135 for three persons.
* $29,025 for four persons.
* Add $1,222.50 for each additional person in the household.
Elderly Iowans may apply beginning on October 1st. All others may apply beginning on November 1st. Applicants should contact their local Community Action program (CAP) agency. If you don't know where the local CAP is, call the Iowa Department of Human Rights at 515-281-0859.
Winter Shutoff Moratorium
Iowa law prohibits disconnection of utilities between November 1st and April 1st of those customers who have qualified for LIHEAP. However, they must make application at the local CAP office to be become certified as eligible.
Iowa Utilities Board
If you have any billing or other problems relating to your utility company, contact the IUB Customer Service division toll free at 877-565-4450.
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AFTER LEAVING SEX REGISTRY, BUFFER ZONE STILL APPLIES
After Iowa's sex offender registry celebrated its tenth birthday in July, it moved into a new phase where some convicted sex offenders are completing their ten-year terms on the sex offender registry. A violation of the sex offender registry law, or another criminal conviction or parole revocation, could effectively extend an offender's tenure on the registry. The registry law was amended in 1998 and 1999 to specify that a person's second conviction for any sex offense that requires registration, or for a first conviction for a more serious sex offense, results in lifetime tenure on the registry. But the fact remains that, for some offenders whose names went onto the registry when the law was first enacted in 1995, their names are being removed from the registry. The Department of Public Safety, which administers the registry, estimates that 750 names have been removed from the registry since July 1.
However, if the victim of the sex crime was under age 18, the offender will still be prohibited by state law from establishing residence within 2,000 feet of an existing K-12 school or state-regulated child care program, even if the offender's name is not on the registry. That is because the residency restriction statute is triggered by a criminal conviction for a sex offense against a person under age 18, not because the offender's name is on the registry. A criminal conviction is almost never erased, which means that the residency restriction never expires.
Nonetheless, it may be problematic to enforce the restriction against ex-offenders whose names are not on the registry. Without a name on the registry, local officials might have to investigate the past criminal records of residents on a case-by-case basis, not as easy as surfing the registry's searchable online database. This question - how to enforce the residency restriction on ex-offenders whose names are not on the registry - may come before a legislative study committee scheduled to meet in October and November.
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CHANGES APPROVED FOR ATHLETIC ELIGIBILITY STANDARDS
The State Board of Education met on September 8 and took action to change the athletic eligibility standards for interscholastic competition. The new standard will require student-athletes to pass all of their classes to be eligible for participation in athletic competitions. The first reading of the motion was approved by the State Board of Education with a 5-3 vote. Earlier actions taken by the board to raise the athletic eligibility standards were voted down by the board.
The current state requirement states: "All contestants must be enrolled students and in good standing; they shall have earned 20 semester hours' credit toward graduation in the preceding semester and shall be making passing grades in subjects for which 20 semester hours credit is given for the current semester as determined by local policy." This standard essentially requires a student to pass four of six courses in a semester to remain eligible for athletic competition. Local school boards have the ability to establish a more stringent standard, but they cannot have a weaker standard than the state requires.
The current standard is in the Department of Education's administrative rules, so any action to change the rule will require additional action by the board, a public hearing process, and legislative administrative rule review committee. The tentative timeline of the proposed changes:
* November 16: State Board of Education votes to submit the change for formal notice.
* Mid- December: First hearing before the Administrative Rules Review Committee (ARRC) of the Iowa Legislature.
* January or February: Public hearing will be held.
* March 1: State Board formally adopts change.
* Mid-March: Second hearing before ARRC.
* Fall 2006: Change is implemented.
It maybe too soon to tell the out-come of the athletic-eligibility issue, as is true of anything that involves high school athletics and local control. We will have to wait and see how the demands for a more rigorous high school curriculum collides with local school efforts to use athletics to keep students, who otherwise might not consider attending school, involved in school.
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FORUMS ON NEW IOWANS WELL ATTENDED
An interim committee is holding forums around the state to discuss the impact of new Iowans on Iowa communities. The forums started this week and will focus on what the state can do to address the issues that have resulted due to the influx of new Iowans.
The committee will be looking at educational needs and opportunities for new Iowans, including discussion of public school programs, requirements, and efforts to recruit more teachers from minority groups. In addition, the health care available to new Iowans will also be looked at, including outreach efforts by the HAWK-I program, effects of potential federal Medicaid program reductions, and what can be done to provide better access to affordable health care for new Iowans.
Job creation and outreach efforts directed to new Iowans will also be addressed by the committee. This includes obtaining bilingual and multilingual skills in the current economy, efforts by the Department of Economic Development to improve job creation for new Iowans, and the impact of the new Iowans centers established by the Department of Workforce Development.
Finally, public safety issues involving new Iowans, including racial profiling, and possible proposals to make drivers' licenses available to undocumented immigrants have also been discussed.
This week the forums were held at Des Moines East High School and Iowa Central Community College in Storm Lake. Each forum has been attended by over 70 people. An extra effort has been made by the committee to make sure the Hispanic communities know about the forums, and each forum will have a translator with a radio available to provide English to Spanish translations.
The committee has learned that there are serious communication and cultural differences that these communities face. In Mexico, the government provides for the health care of all its citizens. This can pose a problem when someone from Mexico tries to navigate Iowa's health care insurance system. A local hospital official in Storm Lake told the committee that it was helpful for them to have an exchange program with doctors and health officials in Mexico to identify these differences.
Public Safety officials have also addressed the committee on the communication problems they face, including finding sufficient bilingual officers. There is also the problem of Hispanics understanding the laws based on cultural differences. Domestic abuse among Hispanics is much more accepted as a way of life compared to the United States.
Future forums will be held at the following locations:
October 4th
Indian Hills Comm. College
Ottumwa, 6-8 pm
October 6th
West High School
Davenport, 6-8 pm
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TRAFFIC SAFETY SUMMIT
The Department of Public Safety, in conjunction with the State Public Policy Group, held a summit on ways to reduce motor vehicle crashes and fatalities among Iowans who are 16 to 24 years of age. In Iowa, drivers that are between sixteen and eighteen years old are in the Graduated Driver's License Program. While that program has proven to be successful, statistics still show that young drivers are getting into accidents that, for one reason or another, could have been prevented (driver was distracted, underage drinking, not wearing seat belt.)
Studies show that seat belts are close to 50% effective in preventing serious injuries and fatalities, but two thirds of teenagers that were killed in crashes were not wearing their seat belts. Just over 35% of the persons who died in crashes from 2001 to 2004 because someone was drinking, drunk or otherwise impaired, were persons between the ages of 15 and 24. Forty percent of the fatal crashes involving teens occurred at night, but only 15% of their miles driven were during night.
GDL Program
A representative from the Department of Transportation reported that there are still barriers to overcome in order for the graduated driver's license program (GDL) to be successful. For example, some parents are unaware of the program and the requirements for extra driving time with parents. Some parents think that their child is too good for the program and therefore should not have to participate.
The program requires more driving time with parents when the child has an instruction permit and an intermediate license, limits driving time during night hours, and requires the driver to go for extended periods of time without contributing to an accident or receiving a moving violation in attempt to install good and safe driving habits in the younger drivers.
Safety Initiatives
Many initiatives, which could be implemented by the Iowa legislature, were presented at the summit as ways to reduce underage drinking or enhance the GDL program. The initiatives included prohibiting the use of cell phones while driving, increasing the required number of nighttime hours of behind the wheel driving, requiring registration for beer kegs, and increasing criminal penalties for persons providing alcohol to persons under 21 years when that person becomes intoxicated and causes great bodily harm.
It was recommended that any initiatives pursued by the legislature should focus on getting the message out to Iowa's youngest drivers that driving is a serious issue. Other people on the road are putting their lives in your hands by trusting that you will not only obey the laws, but also make safe and smart driving decisions.
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DNR PROPOSES CAMPING RESERVATION SYSTEM
The Department of Natural Resources would like to start taking reservations for camping in Iowa. Currently, all camping is on a first come, first serve basis with no reservations.
The department is proposing that 50% of Iowa's campsites be made available as reservable sites, which could be made by telephone or through the internet. The remaining sites would be on a first come, first serve basis. Reservations would be allowed from three months to two days prior to the arrival date. An additional $4 to $6 charge would be applied to cover the cost of the system, and a $10 fee would be added for any cancellations, to deter people from abusing the system.
The proposed rules were brought to the Legislature's Administrative Rules Review Committee on September 13 for review. After public comments, the rules need to come to this committee again for final adoption.
The proposed rules can be found on DNR's website www.iowadnr.com under State Parks.
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26 COUNTIES DECLARED DROUGHT DISASTER
Governor Tom Vilsack announced he has received a response from the United States Department of Agriculture (USDA) regarding his request to designate 16 Iowa counties disaster areas. A letter from the USDA said all 16 counties sustained sufficient production losses to warrant a Secretarial disaster designation.
Counties receiving the disaster declaration include Cedar, Clinton, Davis, Des Moines, Henry, Iowa, Jackson, Jefferson, Johnson, Keokuk, Lee, Louisa, Muscatine, Scott, Van Buren, and Washington. These counties have experienced reduced yields for corn, soybeans, alfalfa hay, and other hay because of this summer's drought conditions.
Additionally, 10 counties were named contiguous disaster counties: Appanoose, Benton, Dubuque, Jones, Linn, Monroe, Mahaska, Poweshiek, Tama, and Wapello. Eligible residents in these counties will be able to request low interest loans from the Farm Service Agency (FSA) through the USDA Emergency Loan Program.
Additional Request
On September 14th, Governor Tom Vilsack sent a letter to U.S. Secretary of Agriculture Mike Johanns requesting additional Secretarial disaster designations for the counties of: Clay, Dubuque, Harrison, and Monona. These counties have experienced reduced yields of alfalfa hay because of this summer's drought conditions.
If granted, the disaster designation would make residents in these counties eligible to request low interest loans from the Farm Service Agency (FSA) through the USDA Emergency Loan Program.
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NO LARGE INCREASES PREDICTED FOR RUTF REVENUES
On September 12, the Commissioners of the Department of Transportation (DOT) heard predictions of future revenues for the road use tax fund. The road use tax fund (RUTF) is made up of moneys collected from fuel taxes, motor vehicle registration fees, use taxes on the sale of motor vehicles, and driver's license fees. The fuel taxes and registration fees made up 75% of the revenue for fiscal year 2005, which ran from July 1, 2004 to June 30, 2005.
Money collected in the RUTF is divided up, based upon a formula, and used by state, counties, and cities for road and bridge projects. The money used by the state for projects is put into the primary road fund, which receives 47.5% of the money in the RUTF. Counties receive 24.5%, farm-to-market roads receive 8%, and the cities receive 20%.
Since the commissioners were working on developing a five year plan for road projects, receiving a revenue forecast seemed appropriate. What they heard was that the RUTF is only projected to increase by one-half of 1%. What this told commissioners is that they aren't going to being able to fund all of the road and bridge projects. The needs are exceeding what is available to spend. The Commission is expected to see a draft of a five-year plan at their Oct. 4 meeting in Council Bluffs, and vote on it at their November meeting in Ames.
If people are continually buying gas, why isn't the RUTF increasing at a faster rate? Partly because most cars are getting better gas mileage, and then of course there's the hybrid vehicles. Secondly, Iowa's tax for ethanol is lower than that of gasoline (19¢ and 20.7¢ respectively), and more people are buying ethanol. People are keeping their cars for longer periods, and everyone knows that it costs more to register a new vehicle than one that is five or six years old. In addition, costs associated with road construction continually rise (labor, gasoline needed for machines, equipment and material), so not as much can be done for the same price as was done even five years ago.
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ROAD WEIGHT LIMITS SUSPENDED FOR ANOTHER 30 DAYS
In response to relief efforts for both hurricane Katrina and Rita, and the harvesting of crops, the Governor has lifted the weight restrictions on Iowa's state and county roads. The first suspension of the weight limits was done on August 31, and the Governor extended that suspension on September 15.
The current maximum limitation is 80,000 pounds, and the Governor's removal allows commercial haulers to have loads up to 90,000 pounds. The removal of the weight limitation only applies to state and county roads, the federal government would have to lift the weight limits on Iowa's interstates. The suspension of the weight limits ends on October 15.
By increasing the weight capacity allowed on the roads, the delivery of relief supplies and equipment to the gulf region can be made in fewer trips. It also means fewer trips for the farmers hauling crops that have been harvested. It is very common for the Governor to lift the weight restrictions for farmers around harvest time. With the exact dates of harvest varying from year to year, the lifting of weight restrictions are never at the exact same time.
The Governor praised Iowans, saying that "Iowans have been extremely generous in their support to evacuees and the survivors of the storms" that struck the gulf states region. "We are reminded as we watch the accounts of the aftermath that the need for our assistance is much more far reaching than just the present and immediate time. The survivors will need our assistance for a long time to come as they return and rebuild their homes, communities, and lives. I know Iowans will continue to keep the Katrina evacuees in their thoughts and prayers and continue to provide aid and assistance to them in the future."
Anyone who would like more information on how to help those in need is encouraged to contact either the Red Cross at 1-800-HELP-NOW (435-7669) or visit the American Red Cross website at www.redcross.org, or by calling the Iowa Concern Hotline at 1-800-447-1985.
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FUNDING REQUESTED FOR BIOSCIENCE ALLIANCE
The Department of Economic Development (DED) has submitted a budget request for next year that includes a $16.5 million general fund increase for the Biosciences Alliance. They will be working on implementing the university research commercialization efforts involving the biosciences.
A year ago the Battelle report was released, which outlined ways that Iowa could develop its bioscience industry. Based on that report, DED proposed a $30 million program for 10 years to develop the bioscience industry in Iowa and create jobs. What passed the Legislature was a $5 million per year, for 10 years, research component within the Grow Iowa Values Fund. However, that funding is divided up amongst the three universities, and is for all commercialization efforts, not just biosciences.
One of the main areas that the Biosciences Alliance is attempting to address is the problem of Iowa technology being licensed by out-of state companies. To grow Iowa's economy, commercialization efforts need to be more successful at spawning new companies within the state.
The alliance is still getting organized, and one of their first tasks will be to hire a serial entrepreneur who understands the markets. Their task will be to liaison with the regent institutions to commercialize research. By the start of the next fiscal year, July 1, the Biosciences Alliance structure will be in place, and be ready for the funding sought to effect changes.
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WAUBONSIE STATE PARK TO RECEIVE FUNDING
The Grow Iowa Values Fund provides $1 million per year for 10 years to improve state destination parks and state banner parks. For this year, the Grow Iowa Values Board has approved a plan for the purchase of Camp WaShawtee as an addition to Waubonsie State Park in Fremont County.
The plan was submitted by the Department of Natural Resources (DNR) and approved at this month's Grow Iowa Values Fund Board meeting. The funds will be combined with a $1.5 million infrastructure appropriation, and will be used to add 711 acres to the park. Among the facilities acquired will be five rustic cabins, a large dining hall, a swimming pool, a nature center, and a 7 acre lake, all within the Loess Hills valley.
Waubonsie State Park is currently a 1254 acre park in the Missouri River Valley. Acquired in 1926, it is the largest of three Loess Hills state parks. It has a 42-site campground, an equestrian campground, picnic shelter and seven miles of hiking and equestrian trails. With the additional recreation offerings, it is hoped that the park would experience extended stays and the local economy would be boosted. The park currently has 70,000 guests annually.
Hole-in-the-Hills
The DNR and the Iowa Natural Heritage Foundation have also proposed, as part of the project, a partnership with the Hole-in-the-Hills. The organization provides support services and outdoor camp experiences for terminally ill children and their families. Hole-in-the-Hill and local organizations will provide 30-50 professional staff and volunteers for 200-300 campers annually at the park.
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ATTORNEY GENERAL AND SMITHFIELD FOODS SETTLEMENT
The Iowa Attorney General and Smithfield Foods, Inc., and its related entities including Murphy Family Farms, L.L.C., and Prestage Stoecker Farms, Inc., have entered into a settlement agreement to resolve the constitutional challenge of Iowa's corporate farming law. The lawsuit was initiated by Smithfield in April 2002. The settlement agreement is for a period of 10 years.
Iowa's law prohibits packers from owning or controlling livestock. This settlement allows Smithfield, and its affiliates, to contract directly with Iowa farmers who raise hogs for slaughter at Smithfield packing plants. The Smithfield lawsuit asserted that Iowa's corporate farming law violated the United States Constitution.
Terms of Agreement
The Attorney General has agreed that, if Smithfield complies with the terms of the settlement agreement, the Attorney General will not pursue enforcement of Iowa's corporate farming law against Smithfield. In return, Smithfield has agreed to provide numerous protections for its Iowa producers.
The settlement only applies to Smithfield and its affiliates. Attorney General Tom Miller said he'd be willing to extend this settlement to other packers, if they abide by the producer protections.
Smithfield has agreed that it will not finish hogs in company-owned facilities for a period of five years. The only exception to this provision is in cases where Smithfield needs to replace producers who decide they do not wish to continue finishing hogs for Smithfield under the same or better economic terms.
Smithfield has also agreed that, for two years, 25% of the swine collectively slaughtered at its Iowa plants and its plant in Sioux Falls, SD, will be purchased on the open market from sellers other than Smithfield affiliates.
Smithfield has informed the Attorney General that it currently intends to keep its Iowa plants and its plant in Sioux Falls, SD, in operation. Should those intentions change, Smithfield has agreed to provide 90 days advance notice of any plant closure to the Attorney General.
Other Provisions
As part of the settlement, Smithfield has also agreed to the following:
* Its Iowa contract producers will have a set of identified producer rights including the right to join an association, the right to be a "whistleblower," the right to use a contract producer lien, the right to review contracts, and the right to disclose contract terms.
* Cannot take actions to coerce, retaliate against, or discriminate against a contract producer who exercises or attempts to exercise producer rights. This would include actions that affect the execution, termination, or renewal of the producer's contract, or alter the quality, quantity, or delivery times of contract inputs to the producer.
* Cannot require a contract producer to make a capital investment in addition to the capital investment required by the producer's production contract with Smithfield, unless fair and equitable compensation is paid to the producer in a manner the producer agrees to in writing.
* Cannot require producers to use binding arbitration to resolve disputes under the settlement agreement.
* If its Iowa producers organize or adopt a collective bargaining unit, Smithfield cannot retaliate against such producers, will refrain from any antitrust or restraint-of-trade litigation against such producers and will negotiate in good faith with such unit.
* Should any Iowa producer suffer damages as a result of Smithfield's breach of the producer's contract, or as a result of Smithfield's failure to abide by any of the provisions of the settlement agreement, the producer can bring a civil action for damages, including treble and punitive damages. In addition, if the producer prevails, Smithfield will be responsible for the producer's costs and attorney fees in addition to any awarded damages.
* To fund and participate in an environmental program at Iowa State University that will train Smithfield's Iowa producers in the best environmental practices. Funding will be $100,000 per year for 10 years.
* To fund a grant program for Iowa citizens and organizations pursuing innovative programs to advance swine production in Iowa. Funding will be $100,000 per year for 10 years.
* To continue to fund a scholarship program for children and grandchildren of Smithfield employees for an additional four years at $60,000 per year.
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