LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
Volume 4, Number 29 March 22, 2002

ACTION REQUESTED ON FOUR ISSUES

Please contact your legislators as soon as possible on four issues as explained below in the Status of INA activities: 1) Adequate Funding for the Board of Nursing (Health and Human Rights Appropriations, no number yet); 2) Parity for mental health and substance abuse (neurobiological disorders) in SF 2289; 3) Establishment of language for a Registered Nurse Tuition, Loan and Loan Forgiveness Program in the College Aid Commission (SSB 3187 in Senate Appropriations); and 4) ARNPs as Primary Care Providers in Medicaid HMOs (Human Services Appropriatons/Medicaid, no bill number yet).

To call your representative: 515/281-3221; to call your senator 515/281-3371. Find your legislator's email by going to http://www.legis.state.ia.us "Legislators:Find Your Legislator" by typing in your home address.

Senator Lamberti and Rep. Millage said that the total Republican budget will be $175 million below the Governor's proposal, and below state spending in FY 2001 and FY 2002. The total spending is $4.571 billion and does not include shifting $60 million from the Road Use Tax Fund or using $16 million from ending the reciprocity agreement with Illinois. Republicans also use only $25 million from the Economic Emergency Fund instead of the $93 million shift that the Governor proposes.

Republican Targets

• Administration & Regulation: $80.0 million
• Agriculture & Natural Resources: $33.4 Million
• Economic Development: $30.0 Million
• Education: $867.1 Million
• Health & Human Rights: $50.0 Million
• Human Services: $780.1 Million
• Justice Systems: $473.6 Million
• Transportation & Infrastructure: $0.6 Million
• Unassigned Standings: $2.257 Billion
• The Oversight budget has been eliminated and redistributed into other parts of the budget.

Governor Vilsack said that he is directing the Department of Public Health to develop a plan to make "comprehensive and medically accurate information" available to women who are considering abortions, including information on post-natal care and family support services.

The Governor directed the DPH to study the appropriate methods identifying services and providers and for ways to make that information available to the public. The report is due back by June 1, 2002.

The Governor said that this approach is better than the approach in the HF 2264 INFORMED CONSENT because it enhance communication between doctors and patients without subjecting doctors to criminal prosecution.

The Senate Ways & Means Committee is ready to work on SSB 3189 INSURANCE PREMIUM TAX, which will cut the insurance premium tax. The premium tax bill will lower insurance premium tax rates. Supporters of the cut say that the state needs to do so in order to remain competitive with states that have cut their premiums. The supporters say that without the cut, the Iowa insurance industry will begin to export jobs. (There is some thought that mental health parity is an exchange for the insurance premium tax cut for the insurance industry.)

Speaker Siegrist said that "it may sound extremely weird, but the Republican controlled legislature is looking at a one-cent increase in the state sales tax." Siegrist said that a coalition of rural legislators would like to debate an increase in the state sales tax in order to offset what they believe are inequities in the local option school sales tax. HSB 711 has already been introduced, but it uses a statewide sales tax for property tax relief, with the option for voters to approve using the proceeds for school buildings. Siegrist said that he is "amazed" at the level of support across the state for this idea.

1. Safeguarding the Board of Nursing (Support): Appropriations chairs Lamberti and Millage stated they are reluctant to allow for fee increases in the Appropriations bill (no bill number yet). As a result Board of Nursing will suffer a further reduction in staff and services. CONTACT YOUR LEGISLATOR!

2. Award Funds through the Iowa College Aid Commission (Support): To keep the bill alive, a new study bill was introduced, Senate Study Bill 3187, which when recommended by the committee will receive a new bill number. This means Senate File 2191 will no longer be considered, although the languase is the same; House File 2036 is different version with $500,000 from tobacco monies and is in House Appropriations Committee. Contact your legislator to support. No opposition expected.

3. Mental Health Parity (Support): Senate File 2289 was referred to Ways & Means Committee. Much opposition to the language of SF 2289; insurance industry seeking a reduction in premium tax in exchange for not opposing. A bill with little coverage of children's mental health and a $7 million tax credit to small employers and those holding individual policies is being proposed. CONTACT YOUR LEGISLATOR AND INSIST ON A BETTER BILL FOR PATIENTS!

4. ARNPs as Medicaid Primary Care Providers (Support): HF 2382 died in the funnel. Indications from legislators is that such language will be included in the Medicaid appropriations bill. Strong opposition from physician organizations who believe Medicaid patients are too complicated for ARNPs to see. CONTACT YOUR LEGISLATOR!

5. IPERS (Support): HF 2532 was passed by the Senate. It was amended to allow full IPERS benefits if earning up to $25,000 rather than original proposal of $40,000. This amendment will mean retiring nurses will have reduced IPERS benefits it they return to work after retirement.

6. Department of Public Health Bill: HF 2547 was amended to leave disciplinary fees established by licensing boards at $75 for actions filed.

7. School Nurses Recognized in Teacher Pay Plan (Support): HF 2549 Student Achievement and Teacher Quality Plan now includes language for a study of inclusion of school nurses in the teacher pay plan. Continuing to proceed through the process.

8. Organ Donor Network (Support): SF 2195 passed the House and was sent to the Governor.

9. Funding the Fiscal Year 2003 Budget: Governor proposed no further cuts to Elderly Wellness, Medicaid and other programs. Tobacco settlement monies would be used for core public health functions, trauma and EMS, prevention initiatives, poison control center, and childhood lead prevention. However, the Appropriations Subcommittee is expected to reduce the funds for Elderly Wellness by $144,000 due to raising the age of eligibility to 60 years of age.

For a subject listing of all bills of interest to nursing, check out the webpage http://www.iowanurses.org or call the INA office at 515/225-0495.

10. Assure Collection of Nursing Workforce Data (Support): HF 2211, SF 2132. Bills not recommended.

11. Assure Accountability in Patient Care (Support): Bills not recommended.

12. Mandatory Overtime (Support): SF 2127 similar to ANA model language and bill passed in New Jersey, Maine, Oregon and Washington State. Bill not recommended.

13. Birth Centers (Support) SF 390: Intense lobbying by medical societies killed the bill.

14. ARNPs Sign Death Certificate (Support): HF 2222 failed to come out of committee.

15. Child Drug Treatment: HF 2318 died in the second funnel.

16. HIV Transmission (Oppose): SSB 3078 and HF 2283 would allow individual names to be transmitted over radio-based communications systems. Failed to come out of committee.

17. Medicaid Shortfall Funding (Support): HF 2245 passed and sent to Governor. Governor signed and itemed vetoed sections of the bill.

18. Funding the Fiscal Year 2002 Budget: Senate File 2304 was signed by the Governor on March 1. The $120 million FY02 shortfall was funded in part by using the Cash Reserve Funds (Rainy Day funds). The Elderly Wellness portion of the Dept of Public Health budget (funds elderly wellness clinics, local public health nursing and homemaker aides) will be cut by $101,000 in FY 02 and FY 03. Medicaid was protected from cuts. State employees will be furloughed.

19. HF 2340 Well Being Visits- Authorizes the DHS to conduct well-being visits to families which have lost their cash assistance under FIP, if funding is available, on an optional basis. Effective immediately.

20. HF 2345 Violence Against Women- Allows the Department of Justice, Victim Assistance Program to administer the Violence Against Women program and grants from the federal Violence Against Women Act.

SF 374 OPTOMETRIST TREATMENTS - Allows therapeutically certified optometrist to use all diagnostic and therapeutic agents to treat the eye. Makes exceptions.

S-5140 by the House - A Strike & Replace: Allows therapeutically certified optometrist to use all diagnostic and therapeutic agents for the treatment of the eye or adnexa and to prescribe steroids for up to 14 days without referral to a primary care physician. Limits the use of injections except for anaphylactic shock. Allows the Optometry Board to adopt emergency rules. CONCURRED The Senate PASSED the bill, 43-1; it now goes to the Governor

SF 2260 AEA REORGANIZATION - Makes changes in the procedures and deadlines for reorganizing or dissolving an Area Education Agency. The House PASSED the Bill, 91-0; it now goes to the Governor

HF 2411 AEA REORGANIZATION - WITHDRAWN

HF 2453 DEATH & MEDICAL EXAMINERS - Increases form one to three days the time by which a death must be certified. Increases from one to three days the time a medical examiner has to determine cause of death. Eliminates religious exception for cremation permit and raises the fee for a cremation permit from $35 to $75. Allows medical examiners to perform private autopsies for a fee so long as they don't compete with autopsy services. The Senate PASSED the Bill, 45-0; it now goes to the Governor

SF 2195 ORGAN DONATIONS - Includes an organ donation statement on a driver's license and an entry in a donor registry as a document of gift for organ donation purposes. Makes a document of gift that is not revoked sufficient authority for an organ donation without Defines the donor registry. Allows medical examiners, fire fighters, police officers and EMS workers to release information to organ procurement organizations. Grants them immunity from liability for good faith attempts to comply with the organ donation laws. Includes funeral establishments or directors in the immunity from liability for good faith attempts to comply with the organ donation laws. The House PASSED the Bill, 88-0; it now goes to the Governor

SF 2231 HOSPITAL CHECKS - Authorizes hospitals to have access to the abuse registries for the purpose of employment checks. Allows a hospital to establish a single contact repository. The House PASSED the Bill, 93-0; it now goes to the Governor.

HF 2488 ELDER AFFAIRS CHANGES - Updates Elder Iowans Act to conform with federal names. Changes references as necessary. The Senate PASSED the Bill, 46-0; it now goes to the Governor

The filing date for statehouse candidates to get on the ballot was March 15. After this date, candidates can still get on the ballot, but need to go through a convention process to do so. Senate Republicans expect to filed candidates in at least 26 of the 35 races. Senator Gronstal said that Senate Democrats expect to field 31 or 32 candidates, and are likely to add candidates by convention. House Minority leader Myers said that the Democrats have 100 candidates for 80 seats. House Republicans are both expect to have candidates for more than 80 races.

House Republicans: (20 out of 55)

Retiring: Rep. Bradley (D-37), Rep. Broers (D-19), Rep. Cormack (D-13), Rep. Eddie (D-10), Rep. Garman

(D-63), Rep. Hoversten (D-1), Rep. Kettering (D-11), Rep. Metcalf (D-75), Rep. Teig (D-17), Rep. Tyrrell (D-59) and Rep. Weidman (D-86)

Running for another office: Rep. Brunkhorst (D-17; running for State Senate), Rep. Finch (D-62; running for State Senate), Rep. Johnson (D-6; running for State Senate), Rep. Larson (D-55; running for State Senate),

Rep. Millage (D-41, running for Attorney General), Rep. Shey (D-52, running for county attorney),

Speaker Siegrist (D-84, running for US Congress), Rep. Sievers, running for State Senate, Rep. Sukup (D-18, running for Governor)

House Democrats: (15 out of 45)

Retiring: Rep. O'Brien (D-79), Rep. Reynolds (D-94), Rep. Richardson (R-89), Rep. Schermann (D-33),

Rep. Schrader (D-90), Rep. Witt (D-23)

Running for another office: Rep. Dotzler (D-26 running for State Senate), Rep. Hatch (D-65; running for State Senate), Rep. Kreiman (D-92; running for State Senate), Rep. May (D-20, running for county supervisor), Rep. Seng (D-43; running for State Senate), Rep. Tremmel (D-93, for county attorney) Rep. Warnstadt (D-1, running for state Senate)

Contested Primary: Rep. Larkin and Rep. Wise will face off in a primary (in District 92).

Senate Republicans: (9 out of 29)

Retiring: Senator Jensen (D-11), Senator Lord (D-20), Senator Rittmer (D-19), Senator Sexton (D-7)

Running for another office: Senator Freeman (D-38, running for the House), Senator Greiner (D-38, running for the House), Senator Maddox (D-38, running for the House), Senator McKean (D-28, running for county supervisor, Senator Redwine (D-2, running for US Congress). Senator King is also running for the US Congress, but unlike Speaker Siegrist or Senator Redwine, Senator King does not have to leave the Legislature unless he wins. If he does win, Senator Freeman would be a potential candidate for the seat in a special election.

Senate Democrats: (5 out of 21)

Retiring: Senator Hansen (D-1), Senator Hammond (D-31), Senator Harper (D-13), Senator Soukup (D-15)

Running for another office: Senator Deluhery (D-22, running for State Auditor)

Contested Races: After retirements and moving vans,

Senate: Senator Drake faces Senator Fiegen in District 40; Senator Miller faces Senator Shearer in District 45, so at least 16 of the Senators in the 79th General Assembly will not return to the 80th. Three others, Derryl McLaren, Merlin Bartz and JoAnn Johnson, have already left.

House: No incumbents will face each other.

House Floor Action

HF 2499 CHILD SAFETY SEATS - Requires children between the ages of 3 and 14 to wear seat belts, except in school buses.

H-8281 by Johnson - Requires children be secured in a rear facing seat up to 20 pounds in weight.

H-8327 to H-8281 - Technical correction. ADOPTED

H-8281 as amended. ADOPTED

The House PASSED the Bill, 66-24; it now goes to the Senate

HF 2582 FEDERAL BLOCK GRANTS - Appropriates federal Block Grants for various programs. Includes procedures for adjusting the grants if the grant amounts increase or decrease.

H-8209 by Murphy - Strikes requirement that DPH consider faith-based organizations in the distribution of Federal substance abuse programs. FAILED

The House PASSED the Bill, 90-0; it now goes to the Senate

SF 2315 2002 ALLOWABLE GROWTH - Reduces the allowable growth rate from 4% to 1% for the 2002-2003 school year. Reduces the school aid for AEAS for FY 2003 and FY 2004 by $7.5 million. Allows AEAs to spend use other funds for special education spending. Appropriates $25 million from the Economic Emergency Fund and $20 million from the Tobacco Settlement.

S-5189 by Connolly - Sets weighting for English deficient students at 22/100ths. FAILED 19-26

S-5190 RULED NOT GERMANE

The Senate PASSED the Bill, 39-4; it now goes to the House

HF 2192 INTERSTATE PRESCRIPTION DRUG STUDY - Directs the DPH, along with the DHS, DEA, DOM, and DOP, to study the feasibility of establishing an interstate prescription drug purchasing co-op with other Midwestern states. Requires the work group to report to the Legislative Council on a bi-monthly basis and report to the Legislature and Governor by December 15, 2002.

S-5155 by Human Resources - Changes the agency work group to a task force and specifies that the task force shall include the DPS, the DHS, the DEA, the DOM, the DOP, the Pharmacy Examiners, the Medical Examiners, a representative of the pharmacy manufacturers, and four members of the Legislature. ADOPTED

The Senate PASSED the Bill, as amended, 44-0; it now goes to the House

HF 2507 ANTHRAX PENALTIES - Makes the possession of anthrax a Class C felony and the distribution of anthrax a Class B felony. Makes an exception for persons who have anthrax for reasons authorized under federal law.

S-5169 by Judiciary - Requires the possession or distribution to be knowing. ADOPTED

The Senate PASSED the Bill, as amended, 47-0; it returns to the House

HF 2532 IPERS BILLS - Makes numerous changes to IPERS, PORS, the statewide fire and police retirement system, and the judicial retirement system. Expands bridge payments for IPERS for lifetime annuity. Allows judges to buy judicial IPERS time. Increases the amount that a retiree can earn to $40,000 before losing benefits after returning to work. Contains other technical corrections.

S-5178A by State Government - Includes language to allow a municipal waterworks to merge its pension and annuity system into IPERS. ADOPTED

S-2178B - Increases the amount that a retiree can earn to $25,000, rather than $40,000 before losing benefits after returning to work. ADOPTED

S-5225 by Kibbie, et al - Adopts provisions to protect workers whose benefits are affected by losing work time under the furlough program. ADOPTED. Passed the Senate 47-0; returns to the House.

House Action

House Human Resources: Voted Out:

SF 2106 PREMARITAL COUNSELING & LICENSES - License Fees: Increases the fee for a marriage license for persons who do not go through counseling to $50. Reduces the license fee to $20 for persons who go through premarital counseling. Counseling: Establishes provisions related to premarital counseling. Waiting period: Increases the waiting period from three days to thirty days. PASSED, 18-1; Floor Manager: Brunkhorst

SF 2118 CLONING BAN - Prohibits human cloning or knowingly doing destructive research on human embryos, or knowingly transferring a human embryo that will be subjected to destructive research. Includes both reproductive cloning and therapeutic cloning. Excludes in vitro fertilization, the accompanying embryo transfer or any related diagnostic tests. Makes violations an aggravated misdemeanor. Specifically exempts stem cell research from cells that are derived outside the state. PASSED, 17-2; Floor Manager: Boddicker

House Labor: Voted Out:

SF 2190 WORKERS COMPENSATION - Keeps records which could identify an injured employee, or the employee's dependent, confidential. Includes exempt household and agricultural workers under workers' compensation if those workers are covered by a workers' comp insurance policy. Establishes new subrogation procedures and allows an employer to subrogate the recovery of an injured employee. Prohibits health care providers from seeking payment for fees from employers when the provider and the insurance company are disputing the fee. Prohibits debt collection against an employer during a contested case proceeding. Defines a day of incapacity to mean eight hours and allows those hours to be collected over more than three days. Prohibits insurance plans from denying benefits to an employee because of a dispute over the employer's liability. Eliminates the requirement to present a certified copy of a decision in order to enforce it. Allows the Workers Compensation Commissioner to require employers to submit proof of liability insurance.

Senate Appropriations: Voted Out:

SSB 3184 TOBACCO SETTLEMENT - Implements provisions in the master Tobacco settlement. Requires that a tobacco manufacturer be part of the master settlement in order for a tobacco distributor to distribute brands from that manufacturer. Requires manufacturers to certify compliance with the master settlement. Authorizes the Attorney General and the Department of Revenue & Finance to share information for compliance purposes. Requires a tobacco manufacturer to maintain a registered agent in the state in order to make sales in the state.

PASSED, 21-0; Floor Manager: Lamberti See SF 2317

HF 2549 STUDENT ACHIEVEMENT & TEACHER QUALITY - Directs the DOE to conduct many activities. Of specific interest to nurses is that it directs the DOE to conduct a study to include nurses, school social workers and others in the Student Achievement & Teacher Quality Program. AMENDED & PASSED, 13-0; Floor Manager: Boettger

HF 2507 ANTHRAX PENALTIES - Makes the possession of anthrax a Class C felony and the distribution of anthrax a Class B felony. Makes an exception for persons who have anthrax for reasons authorized under federal law. AMENDED & PASSED, 12-0; Floor Manager: Maddox

HF 2430 MH DD COMMISSION - Transfers some of the duties of the state-county management committee to the MH/DD Commission. Makes changes in the commission's membership. Transfers rule-making authority to the Commission from the Council on Human Services. Changes representation on the Commission to include 3 county supervisors, 2 DHS representatives, 3 providers, 3 consumers/family members, 2 advocates, 1 active board member of a community mental health center, 1 active member of an agency serving persons development disability, & 1 ASFSCME representative. AMENDED & PASSED, 8-0; Floor Manager: Houser

HF 2532 IPERS BILLS - Makes numerous changes to IPERS, PORS, the statewide fire and police retirement system, and the judicial retirement system. Expands bridge payments for IPERS for lifetime annuity. Allows judges to buy judicial IPERS time. PASSED, 12-0; Floor Manager: Rittmer

SF 2317 TOBACCO SETTLEMENT (Appropriations; Successor to SSB 3184) Implements provisions in the master Tobacco settlement. Requires that a tobacco manufacturer be part of the master settlement in order for a tobacco distributor to distribute brands from that manufacturer. Requires manufacturers to certify compliance with the master settlement. Authorizes the Attorney General and the Department of Revenue & Finance to share information for compliance purposes. Requires a tobacco manufacturer to maintain a registered agent in the state in order to make sales in the state. Floor Manager: Lamberti

Senate Study Bills

SSB 3187 REGISTERED NURSE PROGRAM (Appropriations) Creates a registered nurse recruitment program to be administered by the College Student Aid Commission. Creates a forgivable loan program, a tuition scholarship program, and a registered nurse loan repayment Contains other related provisions. Redfern (C), Rehberg, Horn

SSB 3189 INSURANCE PREMIUM TAX (Ways & Means) Reduces the insurance premium tax from 2% to 1% over the next four years. Makes adjustments in estimated payment to keep the taxes revenue-neutral until 2007. McKibben (C), McKinley, Harper

SSB 3188 BIRTH CERTIFICATES (Ways & Means) Increases the fees for birth certificates to $20 over two years. Rehberg (C), Maddox, Holveck

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