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Iowa House of Representatives

STATEHOUSE NEWS -- April 1, 2004

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INSIDE THIS ISSUE:

Third Grade Retention Bill Rewritten

Credit Scoring to Governor

Meningitis Vaccinations

Driver’s License Suspension for Gasoline Thefts

Asian and Pacific Islander Commission

Workplace Drug Testing Bill Passes House

Snowmobile and ATV Annual Registrations

Specialized License Plates

Limits Increased for Raffle Cash Prizes

Criminal Penalties Increased for Illegal Animal Fights.

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THIRD GRADE RETENTION BILL REWRITTEN

The Iowa House rewrote Senate File 2246, which originally called for the retention of any third grade who is not reading at grade level. The Senate bill was completely rewritten by the House and now goes back to the Senate for consideration. The bill, as amended, provides for early intervention rather than retention. It modifies the current Class Size and Reading Improvement program, which encourages smaller class sizes and improved student achievement.

The House changed the program to include phonics skills and vocabulary development in the list of diagnostic tools to be used by teachers in measuring reading accuracy and fluency skills.

The current program requires parents to be informed biannually of their child’s performance on the diagnostic assessments in kindergarten through grade three. If intervention is appropriate, the school district is required to inform parents of the actions the school district will take to improve their child’s reading skills.

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CREDIT SCORING TO GOVERNOR

The House unanimously passed Senate File 2257, which restricts the ability of insurance companies to use credit information when deciding to issue or determines rates for personal lines of insurance.

The bill’s restrictions apply to personal lines of insurance for auto, recreational vehicle, motorcycle, homeowner, farm owner, personal farm liability, boat, personal watercraft, and snowmobile coverage. Major prohibitions include:

* Prohibits insurance scores that use income, gender, address, ethnic group, religion, marital status, race or nationality as a factor.

* Prohibits denial, cancellation, or nonrenewal of a policy based solely on credit information.

* Prohibits basing renewal rates solely on credit information.

* Prohibits insurers from considering the absence of credit information or the inability to calculate a credit score when deciding whether and at what rate to offer coverage.

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STUDENTS TO BE INFORMED ON MENINGITIS VACCINATIONS

The House approved Senate File 2202 sending the bill to the Governor. Senate File 2202 requires all institutions of higher education with on-campus residence halls or dormitories to provide students with meningococcal (meningitis) disease vaccination information. The bill requires the information be included on the student health forms.

Data is to be submitted annually to the Iowa Department of Public Health, but in a manner so no individual person can be identified. Institutions of higher education are not required to provide vaccinations.

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DRIVER'S LICENSE SUSPENSION FOR GASOLINE THEFTS

The House gave final approval of a bill that would allow judges to suspend your driver’s license if you’ve been convicted of stealing gas. This bill would add Iowa to 24 other states that have a similar law.

The gasoline retail industry brought this issue to the Legislature because states with this law have shown a decrease in the incidence of gas theft. Iowa retailers say that over the last few years, gas theft has increased to two to three thefts a day costing Iowa retailers more than $2 million annually. If this bill is signed by the Governor, gas stations will place stickers on the pump telling consumers that gas theft could lead to the suspension of their driver’s license upon conviction.

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ASIAN AND PACIFIC ISLANDER COMMISSION

Governor Vilsack signed a bill establishing a new division and commission within the Department of Human Rights. The commission will be known as the Commission on the Status of Iowans of Asian and Pacific Islander Heritage.

It will represent Iowans of Asian and Pacific Islander heritage by advising the Governor and the General Assembly on issues confronting Asian and Pacific Islander and on administrative and legislative changes necessary to ensure that Asian and Pacific Islander persons have access to benefits and services; recommending any revisions in the state’s affirmative action program to eliminate underutilization of Asian and Pacific Islander persons in Iowa’s workforce; and assisting Asian and Pacific Islander persons in securing access to state agencies and programs.

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WORKPLACE DRUG TESTING BILL PASSES HOUSE

This week the House passed Senate File 2173 that allows a saliva sample to be used in workplace drug testing. The bill also establishes thresholds to help prevent false “positive” tests.

Recent advancements in technology have made a drug test using a saliva sample reliable and accurate. Using a saliva sample in drug testing would be less intrusive on employees than a urine test.

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SNOWMOBILE AND ATV ANNUAL REGISTRATIONS

The House amended and passed a bill this week that makes several changes to laws pertaining to all-terrain vehicles (ATVs) and snowmobiles. The bill changes the current $25 biennial registration to a $15 annual registration. The snowmobile and all-terrain vehicle clubs requested this change, including increasing their fees by $5, because they believe this will make their funds easier to manage and better able to leverage federal dollars. The additional revenue will be used to expand existing trails and ATV recreational areas by leveraging available federal dollars.

The bill also strikes the law allowing an ATV to be used in road right-of-ways (ditches). The bill does allow use on roadways if designated by county board of supervisors for use during a specific period. The bill only allows ATV use on highways: 1) between sunrise and sunset and for agricultural purposes, 2) for surveyors, 3) for employees doing utility maintenance on or adjacent to the highways, and 4) for emergency workers providing emergency services or rescue.

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REVISION OF SPECIALIZED LICENSE PLATES PASSES HOUSE

The House passed a bill which changes the manner in which specialized license plates (license plates with emblems) are created. The bill, House File 2552, eliminates specialized license plates currently provided for in the Iowa Code. This is done in hopes of ending the practice of establishing a specialized license plate through legislation in the future, and instead having them established through administrative rules.

Under the bill, specialized license plates that are currently in the Code will be re-established in administrative rules and DOT will continue to issue them. DOT may make adjustments to the extra fees charged if requested by a state agency or nonprofit entity. The bill also states that either a state agency or a nonprofit entity may submit a request to the DOT for a new specialized plate.

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LIMITS INCREASED FOR CASH PRIZES AWARDED IN RAFFLES

The House and Senate have both approved a bill to change state laws related to raffles and bingo games. The current state law regulating raffles is changed by increasing from $10,000 to $200,000 the amount of the monetary prize that can be awarded in a raffle conducted once a year, allowing either real property or cash, not to exceed $200,000, to be awarded in a raffle, requiring a state audit if the value of the real property or cash exceeds $100,000.

The law regulating bingo would also be changed to allow patrons to trade in their bingo card during a game if they pay 50¢, allow a jackpot bingo game twice during a 24-hour period in which the prize may begin at $300 in cash or actual retail value of merchandise, and increase

the graduated monetary prize in the jackpot bingo game from $100 to $200 with a maximum prize of $1,000 for the first jackpot bingo game and $2,500 for the second jackpot bingo game.

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CRIMINAL PENALTIES INCREASED FOR ILLEGAL ANIMAL FIGHTS

The House Public Safety Committee amended and passed Senate File 2249, which increases the criminal penalties for illegal dog fighting and cock fighting in Iowa. The intent of the bill is to increase prosecutions of these illegal activities.

The bill increases the current penalty from a serious misdemeanor to a class “D” felony. Spectators would be guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable of up to two years in jail and a $500 to $5,000 fine. A class “D” felony is punishable of up to five years in jail and a $750 to $7,500 fine.