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LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
A benefit of membership
Volume 5, Number 17 January 15, 2004

Connecting with Nurses on Health Issues

This issue opens the tenth year of the INA Legislative Connection. This communication is designed to report to members of the Iowa Nurses Association and other interested individuals, the legislation introduced in the Iowa General Assembly of interest to the registered nurse.

The purpose of this publication is: 1) to share information about bills, committee meetings, floor debates, votes and association activity and positions with the registered nurse; and 2) to encourage comment and response from the INA membership and nurses in general which helps guide and shape INA advocacy with the state legislature and the Governor's office.

This communication will be published weekly until the anticipated session adjournment. This is the second session of a two-year session, i.e. legislators are elected for a two-year period of time.

A special welcome to the student nurses who are accessing this communication as a part of their academic course work. We hope this will be a beneficial experience for you. To all subscribers, we hope the new email transmission will be efficient and timely. For those who would prefer a paper copy, please contact the office. There will be a fee to cover postage and printing for sending a paper copy through the mail.

The Legislative Connection is designed to have four sections. 1) a narrative section which will feature major activities of interest to nursing for the past week and background on issues; 2) the INA legislative agenda and action on it , 3) the assignment of resolutions and bills to committees, and 4) a bill summary section which summarizes each resolution and bill introduced of interest to nursing.

Access Legislative Information on the Internet

Find current legislation, bill history, publications, meeting calendars, legislator information, legislative committees, Iowa laws, legislative agencies, educational information, Capitol virtual tour and more by going to the legislative web site: www.legis.state.ia.us. The INA Legislative Connection will give you the bill numbers, legislator names and committee names to assist you in locating information more quickly.

Second Session of the 80th General Assembly
Opened on Monday, January 12

The 80th General Assembly opened Monday. Opening day is noted by the speeches by legislative leadership highlighting the goals they intend to accomplish this year.

The Governor's Remarks

Governor Vilsack wrote to legislators and said that without new revenues the state cannot fund "prior commitments that have been made, or the education, health and safety priorities of Iowans." The Governor said that the revenue estimate for FY 2005 budget appropriates $68.1 million less than the amount appropriated this year and that a budget without new revenues will "sacrifice Iowa's national standing in education and Iowa's distinction as the best place to raise a child." He said that impacts on the next budget could include:

  • Failing to fund $116 million for school aid and failing to fund the class size initiative.
  • Eliminating classes at community colleges in nursing, advanced manufacturing, sciences and computer technology.
  • Eliminating faculty positions and reducing course offerings at the state universities and increasing the student-faculty ratio
  • Ending access to HAWK-I for over 3,000 children, letting 400 children age out of foster care and reduce access to home care and hospice care
  • Eliminating positions in the DOC for prison guards, community based corrections staff and support personnel and reduce the number of peace officers and training teams in the DPS.
  • Reducing support for the Elderly, Disabled, and Military Property Tax Credit by $3.3 million, and for the Homestead Property Tax Credit by $17.4 million.
  • Reducing tuition assistance for Iowa National Guard soldiers

The Republicans Remarks

Speaker Rants said that the state does not face as severe a budget crisis as the Democrats have said. He said that personal income is growing for Iowans, and faster than in surrounding states, and that the upcoming session will give legislators a chance to capitalize on some of the state's successes, such as the Vision Iowa.

Senator Iverson said that the upcoming session is an opportunity for legislators to find better ways to deal with problems. He said that it is important to remember that the economic downturn which has affected the last few state budgets will not last forever, and that legislators must have a vision for the future and not just react to the current situation.

The Republican leaders agreed that the state should not raise taxes in the next session. Senator Iverson said that tax increases will cost jobs, and Rep. Gipp said that legislators "must resist the shortsighted temptation of increasing the tax burden on the very same Iowans we are trying to keep in our state." Rants said that the House Ways & Means Committee will go to work very shortly on preventing the utility sales tax from going up.

Rants said that one of the challenges of the next session will be ease restrictions on small businesses and to help those businesses deal with increasing health care costs.

Iverson said that the cities and counties should look at sharing services as a way of reducing their costs, and that schools should look at sharing administrators. He said cities, counties and schools could share services without it necessarily leading to consolidation.

The Republicans

Senator Lamberti said that the state is not facing a budget crisis. He said that it will also be important for the Legislature to look at ways to keep the vetoed portions of HF 692 revenue-neutral, as the Legislature intended last year. Lamberti said that he expects the Legislature to prevail in its lawsuit, but said that the delay caused by the item-vetoes will require some work.

Rep. Gipp said that the Legislature did a good job last year in making changes to the tax structure and a regulatory environment but needed to improve the job creation climate in the state.

The Democrats Remarks

Senator Gronstal said the Iowa Legislature is "broken" and needs to take dramatic steps to change things. Gronstal said that in the last session, the Legislature balanced the budget by shifting costs to cities and counties. He said that the Legislature should do a number of things this year including raise the minimum wage, require that companies receiving "Iowa Values" incentives tot provide adequate health-care insurance and make sure that all Iowans have affordable health care, lead in the life sciences revolution and promote producer-owned agricultural facilities, increase the state commitment to wind energy and other renewable energy, renew the state commitment to higher education and support community development through housing rehabilitation and other measures.

Senator Kramer Says Farewell

Senator Kramer said that she left the Senate on Wednesday, January 14. She thanked the senators from both parties for their help to her over the years, and for their commitment to serve the Iowa public. Kramer will be sworn in to serve as the US Ambassador to Barbados on January 20.

Senator Lamberti Is New President of the Senate

The Senate made it official by electing Senator Lamberti to the Senate Presidency. Lamberti said that his goals as Senate President will be to "provide Iowa's children with the best education possible, create an environment that allows businesses the flexibility to grow, provide workforce training opportunities and lessen the burden of state government on working families and small businesses." Lamberti said that the state is not at "abyss but at a crossroads--a crossroads of change."

The Iowa Caucuses

Next Monday is the Iowa Caucuses; Democrats are expecting a large, perhaps record turnout. Gordon Fisher said that the interest in the four major candidates--Howard Dean, Dick Gephardt, John Kerry and John Edwards--could lead to a turnout of 120,000. Fisher said that the Democrats have taken a number of steps to assure the integrity of the process, including requiring participants to sign an affidavit pledging support to the Democratic party. The Republicans plan to have several high profile Republicans in the state as well. As a result of the caucuses, Martin Luther King day and the many TV crews at the Capitol, the Legislature will not meet again until Tuesday afternoon, January 20.

Message from INPAC chair Mary Weaver

Jan. 19, 2004 is an important date. It is the date of the Iowa caucuses, the day that begins the process of electing the next President of the United States. The importance of this election cannot be overstated. Very significant issues face our nation including foreign policy, the economy, health care, the environment etc. As citizens it is important that we participate in this process.

Both political parties are holding caucuses. The date of the caucus is Monday Jan. 19th at 6:30 PM. Contact your county auditor for the location of the precinct or ward where your caucus is held. If you are not sure of your caucus or ward you can also get this information from your auditor

  • The caucuses are open meetings. Anyone can attend.
    • Each registered voter who has declared a party is eligible to participate in that party's caucus for his/her resident precinct or ward.
    • If you want to attend the other party's caucus (for example, you are a registered Republican or Independent but want to attend the Democratic caucus--or vice versa) you will be asked to change your party declaration that evening if you want to participate.
    • Young people who will be 18 by election day ( Nov. 2, 2004 can participate but will be asked to fill out a voter registration card and register as a member of the party for the caucus they attend. In addition to determining preference for the presidential candidate, delegates to the county convention are determined. It is also an opportunity to put forward "planks" (statements that indicate what each party sees as important) for the county platform.

    I urge you all to participate in the caucus--and take your friends and family with you.. It is important to you, your family, and the future of our country.

    Stay involved, Mary Weaver



    INA Legislative Agenda and Bills of Interest to Nursing in 2004
    1. Safe Patient Care: Pass whistleblower protection and pass limitation on the use of mandatory overtime as a staffing measure.
    2. Mental Health and Substance Abuse Parity
    3. Fund Scholarships for Nursing Faculty
    Other Issues of Importance
    1. Criminal History Felony Background Checks
    2. Funding for Center for Workforce Planning
    3. Funding for Iowa Board of Nursing
    4. Adequately Fund Schools to assure school nurses are employed
    5. Remove Certificate of Need for Birth Centers
    6. Assure Hospital Privileges for ARNPs
    7. Fund Adequately Public Health Nursing services
    8. Pass the tobacco reduction initiative
    9. Adequately fund Medicaid and HAWK-I
    10. Support changes in Assisted Living to provide dementia-specific care
    11. Support Child Restraints in motor vehicles (See SF 2004 by Johnson)
    COMMITTEE ASSIGNMENTS

    House Commerce & Labor Committee: Assigned to Subcommittee:
    SF 313 PUBLIC EMPLOYEE BARGAINING - Watts (C), Horbach, Wise (reassigned)

    House Human Resources Committee: Assigned to Subcommittee:
    HF 2003 BIRTH DEFECT REGISTRY- Granzow (C), Heaton, Heddens
    HF 2016 PERSONAL NEEDS ALLOWANCE - Heaton (C), Granzow, Miller

    Senate Appropriations Committee: Assigned to Subcommittee:
    SF 38 POISON CENTER FUNDING - Lamberti (C), Tinsman, Warnstadt (reassigned)

    Senate Local Government Committee: Assigned to Subcommittee:
    SF 2004 CHILD RESTRAINT SYSTEMS - Kettering (C), Kreiman, Rehberg

    INTRODUCTION OF BILLS AND RESOLUTIONS

    Senate Resolutions:

    SR 101 VETERAN DISABILITY PAY (Kibbie & Warnstadt) Urges the federal government to pay to all veterans the full amount of disability and retirement pay that they have earned.
    SR 102 VA Hospitals (Kibbie & Warnstadt) Urges the federal government to spend more money to give greater access to VA hospitals for veterans.

    House Files

    HF 2003 BIRTH DEFECT REGISTRY (Murphy & Heddens) Makes a supplemental appropriation of $120,000 to the DPH for the Birth Defects Institute Central Registry. Effective upon enactment. (Human Resources)

    HF 2004 UNIFORM SMOKING PROHIBITIONS (Paulsen & Foege) Allows local anti-smoking regulations to be more restrictive than state law and limits the superseding effect of state anti-smoking laws to local regulations which are less restrictive than state regulation. (State Government)

    HF 2005 STUDENT ACHIEVEMENT APPROPRIATION (Wise) Repeals the Educational Excellence program and its appropriation. Appropriates $123.3 million Student Achievement and Teacher Quality program. Directs how the moneys within the SATQ program is to be used. (Education)

    HF 2013 WHEELCHAIRS NOT VEHICLES (Heddens, et al.) Exempts wheelchairs and other electric personal assistance mobility devices from the definition of motor vehicle. (Transportation)

    HF 2016 PERSONAL: NEEDS ALLOWANCE (Wise) Directs the DHS to increase the personal needs allowance for residents of health care facilities participating in the Medical Assistance program

    HF 2019 MEDICAL RECORDS ACCESS (Swaim) Creates a new code section governing access to medical records by a patient or representative of the patient. Sets photo copying charge to 50 cents for the first 250 page and 35 cents thereafter. Sets other copy productions fees. Allows withholding of certain information. (Human Resources)

    HF 2027 WORKER COMPENSATION CHANGES (Horbach) Makes confidential information provided to the Workers Compensation Commissioner confidential public records under the public records law. Prohibits third party insurance from denying coverage because the employer has denied worker comp liability. Requires the Insurance Commissioner to determine security deposited for self-insured employers and is to be held in trust. Makes other changes related to self-insured workers comp employers. (Commerce)

    HF 2032 HUMAN CLONING LIABILITY (Alons, et al.) Makes any person participating in human cloning jointly and severally liability to any human clone produced as a result of the activity. Liability includes support and guardianship costs incurred during the clone's minority and any congenital defect or other disability related to being a clone whether occurring before or after the clone's age of majority. Has other related provisions. (Human Resources)

    HF 2035 MEDICAL ASSISTANCE CHANGES (Carroll) Makes changes in the definition of residential care facility. Expands the assessment on intermediate care facilities to include state facilities for persons with mental retardation. Amends the eligibility provisions for certain supplemental assistance. (Human Resources)

    HF 2036 FETUS GUARDIAN AD LITEM (Alons, et al.) Requires an adult woman seeking an abortion to have a district court appoint a guardian ad litem to represent the rights of the fetus. Requires the court to balance the woman's rights versus carrying the pregnancy to term in determining whether to grant permission to the woman to seek an abortion. Prohibits doctors from performing an abortion without having a certified copy of the court's decision. Sets time tables and other procedures. (Human Resources)

    House Study Bills

    HSB 504 STUDENT INFORMATION (Human Resources) Requires a school to share student information with both custodial parents unless there is a court order to the opposite effect. Carroll (C), Roberts, Wendt

    HSB 516 PAY FREEZE RESOLUTION (Appropriations) Proposes a resolution asking the Governor to seek pay freezes from various unions representing state employees. Horbach (C), Dolecheck, T Taylor

    HSB 521 HUMAN SERVICES TECHNICAL CHANGES Makes various technical changes to code language related to the Department of Human Services. (DHS) (Human Resources)

    HSB 527 (Ethics Board) Adds Ethics Board employees to the list prohibited selling or services to persons or other entities subject regulatory authority of the Board. Allows for exceptions. Eliminates the difference between informal and formal Ethic Board opinions making them all Board Advisory Opinions. Requires annual review of who should be required to file a disclosure statement. Makes changes to lobbyist reporting.

    HSB 528 HEALTH INSURANCE SERVICE CHARGE - Allows for the collection of a maximum $2 per month administrative service charge on all health insurance plans administered by DIA from retired state employees. (DIA)

    Senate Files

    SF 2004 CHILD RESTRAINT SYSTEMS (Johnson) Requires that children under the age of 6 to be secured in restraint systems in vehicles, and for children under the age of 1 and under 20 pounds to be secured in rear facing systems. Requires that children between the ages of 6 and 14 use a seat belt or be in a restraint system. Requires that only warning tickets be issued in the first year and that the fine be $25 after that. (Local Government)

    SF 2009 MEDICAL ASSISTANCE CHANGES (Tinsman) Makes changes in the definition of residential care facility. Expands the assessment on intermediate care facilities to include state facilities for persons with mental retardation. Amends the eligibility provisions for certain supplemental assistance. (Human Resources)

    SF 2010 WHEELCHAIRS NOT VEHICLES (Kibbie, et al.) Exempts wheelchairs and other electric personal assistance mobility devices from the definition of motor vehicle. (Transportation) See HF 2013

    Senate Study Bills

    SSB 3003 BIRTH DEFECT REGISTRY (Appropriations) Creates a standing appropriation for the Birth Defects Institute Central Registry. Raises birth certificate costs by $5 until the end of FY 2005 for the appropriation, and by $10 thereafter. McKibben (C), Bolkcom, Tinsman. Differs from HF 2003


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