Adjournment Sine Die

The 2010 legislative session adjourned Tuesday afternoon sine die at 12:22 in the House and 12:48 in the Senate.

“Sine die” is a Latin phrase meaning, “without day” or, “without assigning a day for a further meeting.”

The final bill to get passed in both chambers was the Standings bill, HF2531.

Despite direct calls from the governor’s office to wavering senators, the trial-lawyer led effort to expand awards in wrongful death cases, HF758, did not pass the Iowa Senate, and it is now dead.

The session ended successfully during daylight hours on the 79th day this year. A year shortened to 80 days down from the usual 100 days to save the state money in the midst of hard economic times.

CSG is continuing to monitor bills that have passed both houses as they make their way down to the governor’s office.

"Shall Issue" Passes House

Both chambers of the Iowa State House adjourned late last Saturday night. They returned Monday in attempt to end the 2010 legislative session before per diem pay runs out on March 31.

The House passed the NRA bill, SF2379, after beginning debate on it mid-Monday afternoon. Perhaps most significantly, the bill changes Iowa code language to provide that sheriffs shall issue permits to carry rather than may issue them. “May issue” leaves it up to the sheriff’s personal discretion whether to issue a permit or not. The effect of this was to have 99 different issuing policies for every sheriff in the state.

Permits to carry will be issued to a person who is not subject to the disqualifying criteria laid out in the bill, and are good for five years. Applicants for permits will still have to demonstrate firearm safety by completing certain firearm safety courses or training programs, participation in shooting competitions, or by completion of a small arms course while serving in the armed forces of the United States. The bill will also make it a crime of a serious misdemeanor to carry a firearm while under the influence.

The NRA bill picked up an amendment in the House, requiring it to go back to the Senate for final approval.

Colorful Attire Signals Sine Die

Both chambers adjourned last night just in time to watch the UNI game, but reconvened Saturday in effort to bring the legislative session to a close.

Last night, the Senate passed out the Standings bill and messaged it over to the House. That and the Rebuild Iowa Infrastructure Fund bills are the two major pieces of legislation that are left to debate. Also in the fray is a NRA sponsored bill that some feel is a must-pass in an election year where legislators depend on their NRA ratings to gain support.

The House was scheduled to reconvene Saturday at 9:00am, but by 11:30 had just said the Serenity Prayer and gaveled in. The concern in the lobby is that both caucuses on the House side have spent the morning writing amendments to the Standings bill. If the House doesn’t accept the Senate version as is, any new amendments the House adopts will send the bill back to the Senate for approval.

The Senate has spent a majority of the morning debating the NRA bill.

Senator Rielly was seen wearing a pink blazer this morning, and just a few other lobbyists and legislators were similarly seen wearing bright pink and orange shirts and seersucker. Such attire is meant to signal the last day of session; however it may be premature. Missing is the distinguished green-paisley jacket worn by Senator Gronstal’s Chief of Staff Eric Bakker which signals the assuredness of sine die.

Wrongful Death Bill Stalls in Senate

Wednesday night the Senate called up HF758, a bill which would increase damages recoverable for wrongful death. Specifically, the bill allows recovery of damages for the decedent’s loss of enjoyment of life. This is in addition to damages for loss of consortium and lost economic productive value of the decedent.

Somewhat cleverly, Senator Merlin Bartz (R-Worth) filed a strike-all “abortion amendment” which would allow recovery for expense and actual loss of services, companionship, and society resulting from the injury or death of an unborn child. The amendment would allow a personal representative of the estate of the unborn child to file a wrongful death action on behalf of the unborn child.

In connection with this amendment, Bartz has also filed a “gay marriage amendment.” This amendment specifies that for the purposes of that section of the code, “spouse” means a person of the opposite sex who was married to the decedent at the time of death.

Between frequent breaks for the parties to caucus, the abortion amendment was withdrawn. At 6:09pm the Senate again stood at ease for Republicans to caucus.

Report on Texting Ban Receives House Approval

Tuesday afternoon the House voted to adopt the conference committee’s report on HF2456. The report combines the two previously adopted texting-ban bills from the House and the Senate. Approved by a vote of 66-33, the report will now be sent over to the Senate for a vote. Passage in the Senate will mean passage of the overall bill.

The report provides that graduated drivers license holders are prohibited from using any electronic communication device or electronic entertainment device while driving – unless the device is permanently installed in the vehicle. No drivers in Iowa will be able to write, send, or read a text message while driving. This does not prohibit adult drivers from using their phones’ mapping or GPS features while driving.

In other Statehouse news, the infamous Standings Bill was dropped last night – the catch-all bill that signals the near end of session. Most people are still predicting session will end by this weekend even though Obama’s visit to Iowa City Thursday may draw a few loyal supporters away from Des Moines for the day.

Committee Close to Compromise on Texting Ban

The conference committee on HF2456, the texting ban, met yesterday to discuss their goals and concerns for the House and Senate versions of the bill. By rule, the committee can only consider and discuss the versions of the bill that were approved by the House and Senate.

The House approved-version of the bill would ban all teen drivers under 18 from using any electronic communication device or electronic entertainment device while driving. The Senate version banned all drivers from writing, sending, and reading a text message while driving. This morning, the committee released a rough draft of the bill that combines the language from each version.

Representative Rick Olson (D-Polk) wanted to ensure that the texting ban provided an exemption for safety officers and truckers to read necessary communications they receive on the job. Olson also wanted to ensure that officers would not be able to using a texting stop as probable cause to charge the driver with another crime.

Olson also made an important point that officers will not be able to confiscate or look into the phone of a driver without a warrant. A warrantless search would be unconstitutional under the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .”

Several exemptions to reading a text message while driving were discussed for truckers, medical personnel, public safety officers, volunteer firefighters, and even organ donor coordinators. Senator Heckroth voiced concern over providing too many exemptions to reading a text message, wondering where the line would ultimately be drawn. However, he is open to some exemptions.

The U.S. Department of Transportation announced in January a ban on texting for all commercial truck drivers. See the press release here. For CRST and TMC trucks, it is company policy not to write, send, or read a text while driving.

Most of the committee members agreed that they have an important opportunity to make Iowa roads safer. The committee will meet today at 11:00 to continue the discussion.

Findley, Jamison Speak at Conservative Breakfast

GOP candidates Brenna Findley for Attorney General and Dave Jamison for State Treasurer both spoke Tuesday morning at the Conservative Breakfast Club in Des Moines.

Dave Jamison has been the Story County Treasurer for twenty-eight years and recently traveled twenty-eight counties announcing the launch of his campaign for State Treasurer. I personally know Dave from my years as an Iowa State College Republican. Dave, and the rest of the Story County Republicans, volunteered many hours and give invaluable advice to help the ISU CR’s obtain and maintain a strong presence on the Iowa State campus and in the Ames community.

Dave is running on a platform which emphasizes the need to place Iowans first: first in treasury and management, first in transparency, and first in protecting taxpayers’ dollars. Dave also emphasized the need to change the culture within the State Treasurer’s office to one that values fiscal restraint and economic discipline. He also intends to use the office as a bully pulpit to spread those values to other areas of state government.

Brenna Findley spoke next, and within minutes it was evident that the group at breakfast was impressed. Findley grew up on a farm in Dallas County Iowa where she learned firsthand, conservative values and hard work are the keys to success. For the last seven years she has served as Congressman Steve King’s Chief of Staff, advising him in his role on the House Judiciary Committee.

She said that on occasion she has been asked how old she is. Her reply is that she is 34 – the same age current Attorney General Tom Miller was when he first won the office thirty-two years ago. Findley, who received her law degree from the University of Chicago, said a lot has changed in the legal profession in the last thirty-two years, and she plans to bring that knowledge to the office of Attorney General.

Findley also intends to fulfill the AG job description by protecting all the rights of Iowans, as opposed to prioritizing the office as an advocate for consumer protection issues, as it would appear today. Through her travels across the state thus far, she has found that most Iowans don’t know exactly what the AG does for them, but they do know that their rights as Iowans have not been fully protected. Findley also stated that the AG can play a key role in shaping Iowa’s business climate by controlling what law suits the office files and what regulations it tries to pass. As AG, Findley will advocate for Iowans and work to make the office open, accountable, and transparent.

Iowans can have confidence in these two GOP candidates and have much to look forward to in this year’s state elections.

Schools may Soon Consider Using Green Cleaning Products

The two-year endeavor to get green cleaning products into Iowa’s schools ended this evening with the passage of HF 823 in the Senate. Senate File 2335 was the Senate’s version of the bill that was initially brought up for debate. A vote passed to substitute it for the House’s version of the bill. This move rendered Senator Johnson’s (R-Osceola) amendment out of order, and HF 823 passed without debate.

As Senator Amanda Ragan (D-Cerro Gordo) pointed out in the discussion of this bill, a similar rule is already in place that requires state government buildings to use green cleaning products. With Governor Culver's signature, schools will now have that option as well.

Text-Messaging While Driving

Also today, the House insisted on its amended version of HF 2456 which changed the bill from prohibiting text-messaging while driving by all drivers, to a prohibition on all cell phone use by holders of graduate drivers licenses (teens under 18). The bill has now been delegated to a conference committee, which will most likely work out the differences between the House and Senate to get some form of the bill passed yet this session.

The ten committee appointees consist of Senators Danielson as Chairman (D-Black Hawk), Rielly (D-Mahaska), Heckroth (D-Bremer), Reynolds (R-Clarke), and Kapucian (R-Benton); and Representatives Hanson as Co-chairman (D-Jefferson), Tjepkes as Co-Chairman (R-Webster), R. Olson (D-Polk), Lykam (D-Scott), and Hagenow (R-Polk).

The lingering prediction is that the bill will get the most votes if it combines the current version – prohibiting all cell phone use by GDL holders – along with language that would prohibit text-messaging while driving by all drivers. Such a version would also do the most to increase safety on Iowa roadways.

Bills in Action - Week Nine

By this time of the session, not may new bills get filed, and it is apparent that the session is starting to wind down.

The Senate this week resisted the House’s amendment on the texting ban, HF2456. The amendment changed the language to prohibit teens only from all cell phone use while driving. The bill was then sent back to the House and will likely be referred to a conference committee. There, members from both houses will meet to resolve their differences in effort to get some form of the bill passed.

This week, Governor Chet Culver signed into law SF2246, which, among other things, ensures home rule power to decide which taxi cab companies can operate within a municipality. Cities now have the authority choose safe, reputable, and accountable cab companies to service their citizens, and to bar other companies that don’t meet their standards.

Also on its way to the Governor is HF2452, which cleans up part of the OWI code section, and also allows OWI offenders to obtain a temporary restricted license by first installing an ignition interlock device. The bill allows this to be done within 45 after the license is revoked instead of one year.

This is a measure supported at the federal level and also by MADD. Studies have shown that despite having a license revoked, people will drive anyway. The ability to get a temporary restricted license sooner, along with an ignition interlock device, will prevent the offender from driving drunk again during the revocation period.

In a signing ceremony on Wednesday, the Governor signed into law the Government Reorganization Bill. The bill reorganizes state government in a way that is projected to save the state $126 million. The Revenue Estimating Conference is expected to update its revenue forecast today, which will determine exactly how much more will need to be cut from the state’s budget.

Texting Ban Now Limited to Teens, Passes House

House File 2456, the ban on texting while driving, came up for debate in the House today and passed as amended 55-41.

Much debate occurred over whether to pass amendment H-8328, by Representative Scott Raecker (R-Polk), limiting the texting ban to minors. It was ultimately approved and added to the bill.

Prior to that vote, Representative Ako Abdul-Samad (D-Polk) wisely pointed out that adults need to set the example for children and teens and must be included in the texting ban as well. Other Representatives noted that Iowans have been loud and clear when saying they want a complete ban on texting for all drivers.

The house amendment further prohibits teens from using any “electronic communication device or electronic entertainment device” while driving. An exception is included if the device is permanently installed in the vehicle or is a “portable devise which is operated through permanently installed equipment.”

The bill will now be sent back over to the Senate. A similar amendment, limiting the ban to teens, was previously struck down in the Senate.

Senate Dumps a Bucket of Bills

In what is seen as a move to end the session within the allotted 80 days, the Senate dumped about 26 bills this morning from the calendar. These bills will not likely see the light of day again this year.

Among them, the ones CSG were watching included SF2337 providing minimum paid sick and safe time for employees; SF2307 increasing the civil damages recoverable for injury to or the death of a parent or spouse; SF2214 legalizing betting on professional sports. The first two of these bills would have ultimately increased costs for businesses.

Friday March 5, marks the second funnel deadline where Senate bills must be passed out of their House committees and House bills must have made it out of Senate committees. If not, they’re done.

A notice also went out that all gaming bills would be dropped for the year. While was not what some horse people wanted to hear, it was beginning to be apparent that bills in need of heavy lifting would not make the cut.

By Monday we will have a much narrower view of what bills we’ll be left to work with. In the meantime, its sunny and feels like 45 degrees in Des Moines. Spring fever aside, the prediction is session will be over the first week in April.

3M Meets with Governor Culver

During 3M's Day on the Hill Tuesday, 3M representatives got the chance to sit down with Governor Chet Culver and talk briefly about the company's presence in Iowa.

Culver, who was recently back from Iraq, also talked a bit about his trip. He was invited to go by the Department of Defense, and was able to visit some Iowa National Guard Members in country. Culver noted that things seemed calm and that rebuilding efforts were well under way.

3M Day

3M-company representatives will be arriving Tuesday afternoon to meet with the legislative leaders, as well as the legislators from their own districts, to discuss issues important to 3M.

3M has three locations in Iowa: manufacturing centers in Ames and Knoxville, and 3M's largest domestic distribution center in Forest City. In all, 3M employs 1,100 Iowans across the state, has a payroll of $57.7 million, pays $1.3 in state and local taxes, and has made over a half a million in charitable contributions.
Remarkably, throughout the economic climate of the couple of years, 3M has been able to avoid layoffs, and has actually hired a few new people.

The main issue 3M will be discussing with legislators is the green cleaning products initiative for Iowa's schools.

An amended version of House File 823 passed in the House last night. The amendment changed the bill to encourage public schools, institutions under the control of the state board of regents, community colleges, and state agencies to use environmentally-friendly cleaning products for two years. Many state buildings already use green cleaning products, and proudly announce it with a sticker displayed in the doorways (see picture above).

Beginning July 1, 2012, these buildings will have to be cleaned with green cleaning products unless the board of directors of the school district, or a president of a community college or regent institution votes to opt out of the requirement - for any reason. This is different from the previous version which allowed schools to opt out of using green cleaning products if their use would result in an increased cost.

When its all said and done, this bill is not a burden, but a good thing for teachers, kids, and the janitorial staff who are subjected to toxic of cleaning products everyday. The State Capitol is cleaned with green cleaning products, why not schools?