EIGHTY-EIGHTH GENERAL ASSEMBLY 2019 REGULAR SESSION DAILY SENATE CLIP SHEET March 13, 2019
Clip Sheet Summary
Displays all amendments, fiscal notes, and conference committee reports for previous day.
Bill Amendment Action Sponsor
SF 237 ...... S-3020 ...... Adopted DAN DAWSON SF 237 ...... S-3025 ...... Lost ROBERT M. HOGG SF 237 ...... S-3026 ...... Lost ROBERT M. HOGG SF 331 ...... S-3027 ...... Filed JAKE CHAPMAN SF 346 ...... S-3022 ...... Adopted AMY SINCLAIR SF 346 ...... S-3023 ...... Adopted JAKE CHAPMAN SF 346 ...... S-3024 ...... Ruled Out of JANET PETERSEN Order SF 533 ...... S-3021 ...... Filed JAKE CHAPMAN HF 426 ...... S-3028 ...... Filed JAKE CHAPMAN
Fiscal Notes
SF 523 — Fetal Homicide (LSB2267SV)
SF 524 — Youth Sports Coaches (LSB2679SV)
SF 538 — Medicaid Expansion, Community Engagement (LSB1842SV)
SF 554 — Pesticide Applicator Fee (LSB2586SV) SENATE FILE 237 S-3020 1 Amend Senate File 237 as follows: 2 1. Page 2, after line 1 by inserting: 3 S-3020 -1- S-3020 (Continued) 1 prior to the effective date of this Act, any scheduled meeting 2 of the commission shall be postponed until the newly appointed 3 commission holds its first organizational meeting properly 4 noticed under section 46.13. The> 5 9. Page 5, line 24, by striking S-3020 -2- S-3020 (Continued) 1 appointment. 2 Sec. ___. Section 46.4, Code 2019, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION. 3. A commissioner who has served a full 5 six-year term on the district judicial nominating commission, 6 whether the commissioner was appointed or elected, shall be 7 ineligible to be elected to a second six-year term. 8 NEW SUBSECTION. 4. No person may be elected who holds an 9 office of profit of the United States or of the state at the 10 time of appointment.> 11 13. By striking page 7, line 16, through page 9, line 11, 12 and inserting: 13 <1. The initial term of the commissioners appointed by the 14 supreme court shall be as follows: 15 a. In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, 16 and the seventh judicial district, the supreme court shall 17 appoint one male commissioner with a term expiring on January 18 31, 2021. 19 b. In judicial election district 1B, 2B, 3B, 5B, 8B, and the 20 fourth and sixth judicial districts, the supreme court shall 21 appoint one female commissioner with a term expiring on January 22 31, 2025. 23 2. After the initial term is served pursuant to subsection 24 1, new commissioners shall be appointed to six-year terms by 25 the supreme court as provided in section 46.3A. 26 3. If a district judicial nominating commission has 27 received notice of a vacancy and has not yet submitted nominees 28 to the governor prior to the effective date of this Act, any 29 scheduled meeting of the commission shall be postponed until 30 any new commissioner is appointed pursuant to this section and 31 the commission holds a new organizational meeting properly 32 noticed under section 46.13. The commission may choose to 33 continue with its currently scheduled nomination process, 34 extend its nomination process, or conduct a new nomination 35 process. In any such pending vacancy, notwithstanding section S-3020 -3- S-3020 (Continued) 1 46.14, subsection 1, the commission must certify to the 2 governor and the chief justice the proper number of nominees 3 within sixty days of the effective date of this Act.> 4 14. By striking page 9, line 15, through page 11, line 3, 5 and inserting: 6 <1. When a vacancy occurs in the office of an appointive 7 judicial nominating commissioner, the chairperson of 8 the particular commission or the governor shall promptly 9 notify the governor appointing authority in writing of such 10 fact. Vacancies in the office of an appointive judicial 11 nominating commissioner shall be filled by appointment by 12 the governor same appointing authority that appointed the 13 previous commissioner where the vacancy occurred, consistent 14 with eligibility requirements. The term of state judicial 15 nominating commissioners so appointed shall commence upon 16 their appointment pending confirmation by the senate at the 17 then session of the general assembly or at its next session 18 if it is not then in session. The term of district judicial 19 nominating commissioners so appointed shall commence upon their 20 appointment. 21 2. Except where the term has less than ninety days 22 remaining, vacancies in the office of elective member of the 23 state judicial nominating commission shall be filled consistent 24 with eligibility requirements by a special election within the 25 congressional district where the vacancy occurs, such election 26 to be conducted as provided in sections 46.9 and 46.10. An 27 appointive commissioner shall be deemed to have submitted a 28 resignation if the commissioner fails to attend a meeting of 29 the commission that is properly noticed under section 46.13 30 and at which the commission conducts interviews or selects 31 nominees for judicial office. The appointing authority of 32 the commissioner in the appointing authority’s discretion may 33 accept or reject the resignation. If the appointing authority 34 accepts the resignation, the appointing authority shall notify 35 the commissioner and the chairperson of the commission in S-3020 -4- S-3020 (Continued) 1 writing and shall then make another appointment. 2 3. Vacancies in the office of elective district judicial 3 nominating commissioner of district judicial nominating 4 commissions shall be filled consistent with eligibility 5 requirements and by majority vote of the authorized number of 6 elective members of the particular commission, at a meeting of 7 such members called in the manner provided in section 46.13. 8 The term of judicial nominating commissioners so chosen shall 9 commence upon their selection by a special election within the 10 judicial election district where the vacancy occurs unless the 11 term has less than ninety days remaining, in which case the 12 office shall remain vacant. The special election shall be 13 completed within ninety days of the vacancy arising and shall 14 be conducted as provided in sections 46.9, 46.9A, and 46.10. 15 4. If a vacancy occurs in the office of chairperson of 16 a judicial nominating commission, or in the members of the 17 particular commission shall elect a new chairperson as provided 18 in section 46.6. In the absence of the chairperson, the 19 members of the particular commission shall elect a temporary 20 chairperson from their own number. 21 5. When a vacancy in an office of an elective judicial 22 nominating commissioner occurs, the state court administrator 23 shall cause to be mailed to each member of the bar whose name 24 appears on the certified list prepared pursuant to section 46.8 25 for the district or districts affected, a notice stating the 26 existence of the vacancy, the requirements for eligibility, 27 and the manner in which the vacancy will be filled. Other 28 items may be included in the same mailing if they are on sheets 29 separate from the notice. The election of a district judicial 30 nominating commissioner or the close of nominations for a state 31 judicial nominating commissioner shall not occur until thirty 32 days after the mailing of the notice. Notwithstanding section 33 69.1A, appointed and elected commissioners on the state and 34 district judicial nominating commissions shall not hold over 35 until their successor is elected and qualified.> S-3020 -5- S-3020 (Continued) 1 15. Page 11, by striking lines 11 through 20 and inserting 2 S-3020 -6- S-3020 (Continued) 1 Sec. ___. Section 46.8, Code 2019, is amended to read as 2 follows: 3 46.8 Certified list. 4 Each year the The state court administrator shall certify a 5 maintain a certified list of the names, addresses, and years 6 of admission of members of the bar who are eligible to vote for 7 state and district judicial nominating commissioners. 8 Sec. ___. Section 46.9, Code 2019, is amended to read as 9 follows: 10 46.9 Conduct of elections. 11 When an election of judicial nominating commissioners is 12 to be held, the state court administrator shall administer 13 the voting. The state court administrator may administer 14 the voting by electronic notification and voting or by paper 15 ballot mailed to each eligible attorney. The state court 16 administrator shall mail paper ballots to eligible attorneys or 17 electronically notify and enable eligible attorneys to vote. 18 The elector receiving the most votes shall be elected. When 19 more than one commissioner is to be elected, the electors 20 receiving the most votes shall be elected, in the same number 21 as the offices to be filled. The election results, including 22 the number of votes cast for each elector and the total number 23 of members of the bar eligible to vote in each election, shall 24 be made publicly available on the judicial branch internet 25 site and shall be reported to the governor and to the general 26 assembly within ten days after the conclusion of the election. 27 Sec. ___. Section 46.9A, Code 2019, is amended to read as 28 follows: 29 46.9A Notice preceding nomination of elective district 30 judicial nominating commissioners. 31 At least sixty days prior to the expiration of the term of an 32 elective state or district judicial nominating commissioner or 33 the expiration of the period within which a special election 34 must be held, the state court administrator shall mail paper 35 ballots to eligible attorneys or electronically notify and S-3020 -7- S-3020 (Continued) 1 enable eligible attorneys to vote. An eligible attorney is 2 a member of the bar whose name appears on the certified list 3 prepared pursuant to section 46.8 for the district or districts 4 affected provide notice of the current or upcoming vacancy 5 and the nomination and election process by making the notice 6 publicly available on the judicial branch internet site, 7 issuing a press release, and electronically notifying members 8 of the bar. The election shall not commence until at least 9 thirty days after the issuance of the notice required by this 10 section. 11 Sec. ___. Section 46.10, Code 2019, is amended to read as 12 follows: 13 46.10 Nomination of elective district judicial nominating 14 commissioners. 15 1. In order to have an eligible elector’s name printed 16 on the ballot for state or district judicial nominating 17 commissioner, the eligible elector must file in the office of 18 the state court administrator at least thirty days prior to 19 expiration of the period within which the election must be 20 held a nominating petition signed by at least fifty resident 21 members of the bar of the congressional district in case of a 22 candidate for state judicial nominating commissioner, or at 23 least ten resident members of the bar eligible electors of the 24 judicial district in case of a candidate for district judicial 25 nominating commissioner. No member of the bar may sign more 26 nominating petitions for state or district judicial nominating 27 commissioner than there are such commissioners to be elected. 28 2. Ballots or electronic voting forms for state and district 29 judicial nominating commissioners shall contain blank lines 30 equal to the number of such commissioners to be elected, where 31 names may be written in. Any electronic voting form must 32 permit a voter to write in the name of any eligible elector.> 33 16. Page 11, line 25, after S-3020 -8- S-3020 (Continued) 1 of the respective nominating commissions.> and inserting 2 S-3020 -9- S-3020 (Continued) 1 1. If any provision or clause of this chapter or any 2 application of this chapter to any person or circumstances 3 is held invalid, such invalidity shall not affect other 4 provisions, clauses, or applications of this chapter which can 5 be given effect without the invalid provision or application, 6 and to this end the provisions and clauses of this chapter are 7 declared to be severable. 8 2. Notwithstanding any provision of law to the contrary, if 9 section 46.2A, subsection 2, as amended by this Act, is held 10 invalid, the appointed and elected commissioners currently 11 serving six-year terms on the state judicial nominating 12 commission on the effective date of this Act shall continue to 13 serve until the expiration of their six-year terms, in addition 14 to the new members appointed pursuant to section 46.2A, as 15 amended by this Act. Upon the expiration of the currently 16 serving commissioners or upon their office becoming vacant 17 prior to the expiration of their terms, the offices shall not 18 be filled. 19 3. Notwithstanding any provision of law to the contrary, 20 if any provision of this chapter is preliminarily enjoined, 21 no judicial nominating commission shall meet to nominate 22 persons to serve as a judge or justice while the preliminary 23 injunction is in effect or while any appeal of the preliminary 24 injunction or a related permanent injunction is pending unless 25 the injunction is subsequently stayed or otherwise lifted.> 26 23. Page 14, by striking lines 4 through 26 and inserting: 27 S-3020 -10- S-3020 (Continued) 1 S-3020 -11- S-3020 (Continued) 1 references as necessary. By DAN DAWSON S-3020 FILED MARCH 12, 2019 ADOPTED S-3020 -12- SENATE FILE 237 S-3025 1 Amend Senate File 237 as follows: 2 1. Page 1, after line 16 by inserting: 3 <3. The appointments made by the governor shall be subject 4 to approval by the senate by a two-thirds majority.> 5 2. Page 2, after line 15 by inserting: 6 <3. The appointments made by the legislative leaders shall 7 be subject to approval by the senate by a two-thirds majority.> 8 3. By renumbering, redesignating, and correcting internal 9 references as necessary. By ROBERT M. HOGG S-3025 FILED MARCH 12, 2019 LOST S-3025 -1- SENATE FILE 237 S-3026 1 Amend the amendment, S-3020, to Senate File 237 as follows: 2 1. Page 10, by striking lines 18 through 25 and inserting 3 By ROBERT M. HOGG S-3026 FILED MARCH 12, 2019 LOST S-3026 -1- SENATE FILE 331 S-3027 1 Amend Senate File 331 as follows: 2 1. Page 1, line 18, by striking <1.> 3 2. Page 1, by striking lines 28 through 30. By JAKE CHAPMAN S-3027 FILED MARCH 12, 2019 S-3027 -1- SENATE FILE 346 S-3022 1 Amend Senate File 346 as follows: 2 1. Page 1, by striking line 5 and inserting By AMY SINCLAIR S-3022 FILED MARCH 12, 2019 ADOPTED S-3022 -1- SENATE FILE 346 S-3023 1 Amend the amendment, S-3022, to Senate File 346 as follows: 2 1. Page 1, by striking lines 2 and 3. 3 2. Page 1, by striking lines 5 and 6. By JAKE CHAPMAN S-3023 FILED MARCH 12, 2019 ADOPTED S-3023 -1- SENATE FILE 346 S-3024 1 Amend Senate File 346 as follows: 2 1. Page 1, after line 23 by inserting: 3 By JANET PETERSEN S-3024 FILED MARCH 12, 2019 RULED OUT OF ORDER S-3024 -1- SENATE FILE 533 S-3021 1 Amend Senate File 533 as follows: 2 1. Page 1, by striking lines 1 through 4 and inserting: 3 By JAKE CHAPMAN S-3021 FILED MARCH 12, 2019 S-3021 -1- HOUSE FILE 426 S-3028 1 Amend House File 426, as passed by the House, as follows: 2 1. Page 1, line 18, before By JAKE CHAPMAN S-3028 FILED MARCH 12, 2019 S-3028 -1- Fiscal Note Fiscal Services Division SF 523 – Fetal Homicide (LSB2267SV) Analyst: Laura Book (515.205.9275) [email protected] Fiscal Note Version – New Description Senate File 523 relates to nonconsensual termination of and serious injury to a human pregnancy. The Bill provides that a person who knew or reasonably should have known that a person was pregnant is guilty of a Class A felony if: • The person intended to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy, or • The person knew or reasonably should have known the person’s actions would cause the death of or serious bodily injury to the pregnant person or would terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy, or • The person, without specific intent to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, terminates the human pregnancy, without the pregnant person’s consent, during the commission of a felony. Senate File 523 also increases the penalty from a Class C felony to a Class B felony for the following offenses: • When a person unintentionally terminates a human pregnancy by any of the means provided pursuant to Iowa Code section 707.6A(1) (homicide or serious injury by vehicle), and • When a person intentionally terminates a human pregnancy without the voluntary and informed consent of the pregnant person. Background Under current law, Iowa Code section 707.8 contains provisions relating to the nonconsensual termination of a human pregnancy. Assumptions • The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices. • A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system. • Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day. Correctional Impact The correctional impact of SF 523 is estimated to be minimal due to the low number of convictions of this offense. In FY 2018, there were no convictions under Iowa Code section 707.8. In the last 10 fiscal years, there have been four total convictions under this Iowa Code section. Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community- Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of Class B and Class C felonies (Class A felony information is not available). Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 8, 2019, for information related to the correctional system. Table 1 — Sentencing Estimates and LOS FY 18 FY 18 FY 18 Avg Length FY 18 Avg Length FY 18 FY 18 Avg Length FY 18 Percent of Stay Marginal of Stay Avg Marginal of Stay Marginal to Conviction Percent Prison Cost/Day Percent to Probation Cost/Day Percent Cost/Day Parole Cost/Day County Marginal Offense Class to Prison (months) Prison Probation (months) Probation to CBC CBC (months) Parole Jail Cost/Day Class B Felony (Persons) 93.0% 85.2 $19.93 9.0% 39.3 $5.38 2.0% $11.85 34.0 $5.38 44.0% $50.00 Class C Felony (Persons) 90.0% 39.8 $19.93 30.0% 32.6 $5.38 5.0% $11.85 19.5 $5.38 39.0% $50.00 Minority Impact The minority impact of SF 523 is unknown. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system. Fiscal Impact The fiscal impact of SF 523 is estimated to be minimal due to the low number of convictions of this offense in prior fiscal years. Table 2 shows estimates for the average State cost per offense class type. The estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision. Table 2 — Average State Cost Per Offense Class Type Offense Class Total Minimum Cost Total Maximum Cost Class C Felony $10,200 $18,400 Class B Felony $11,800 $38,300 Class A Felony $168,300 $172,500 Source Criminal and Juvenile Justice Planning Division, Department of Human Rights /s/ Holly M. Lyons March 11, 2019 The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request. Fiscal Note Fiscal Services Division SF 524 – Sexual Exploitation by Youth Sports Coaches (LSB2679SV) Analyst: Christin Mechler (515.250.0458) [email protected] Fiscal Note Version – New Description Senate File 524 adds the category of “youth athletics coach” to existing Iowa law relating to sexual exploitation by a counselor, therapist, or school employee. The Bill defines “youth athletics coach” as a person who is not a school employee, whether paid or unpaid, who coaches, or is an assistant coach of, a youth athletics team comprised of students, or an individual student athlete, whether informal or formal. Senate File 524 specifies that there are two alternative means of committing the offense of sexual exploitation by a youth athletics coach. Sexual exploitation by a youth athletics coach occurs when: 1) The youth athletics coach engages in a pattern or practice or scheme of conduct to engage in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student; or 2) The youth athletics coach engages in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student. The Bill specifically defines sexual conduct in addition to a sex act as defined by Iowa Code section 702.17, but excludes touching necessary to the performance of the youth athletics coach’s duties, including caring for an injured athlete. A youth athletics coach who engages in sexual conduct with a student commits an aggravated misdemeanor. A youth athletics coach who engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a student commits a Class D felony. Background An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 and not more than $6,250. A Class D felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. In FY 2018, there were 14 convictions under Iowa Code section 709.15. An individual who violates the provisions of this Bill is subject to a special sentence pursuant to Iowa Code section 903B.2. A special sentence is defined as a punishment in addition to the punishment for the underlying criminal offense, and consists of committing the individual to the custody of the Department of Corrections for a period of 10 years. An individual serving a special sentence begins the sentence in the same manner as if the individual were on parole or part of a work release program. The special sentence is subject to revocation of release for up to two years for a first revocation, and up to five years for a second or any subsequent revocation. Additionally, a person who violates the provisions of this Bill is designated as a Tier II sex offender under Iowa Code section 692A.102(1)(b)(11) if the victim is 13 years of age or older, or as a Tier III sex offender pursuant to Iowa Code section 692A.102(1)(c)(27) if the victim is under the age of 13. In either scenario, the person committing the offense must register as a sex offender pursuant to Iowa Code section 692A.103. A person who violates the provisions of SF 524 is also subject to a no-contact order upon release from jail or prison pursuant to Iowa Code section 709.19, and hormonal intervention therapy under Iowa Code section 903B.10(3)(h). Assumptions • The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices. • A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system. • Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day. Correctional Impact The correctional impact of SF 524 cannot be determined. The Bill establishes two new criminal offenses, and the number of convictions cannot be estimated. It is possible that certain offenses committed by youth athletics coaches are captured under existing law, but it is not possible to disaggregate data to determine the nature of the relationship between the victim and offender for these offenses. It is likely that convictions under Iowa Code section 709.15 may increase, although it is not possible to estimate the extent of such an increase. Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community- Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors and Class D felonies (involving sex crimes). Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 8, 2019, for information related to the correctional system. Table 1 — Sentencing Estimates and LOS FY 18 Avg FY 18 FY 18 Avg FY 18 FY 18 Avg FY 18 Percent Marginal LOS Marginal LOS FY 18 Avg Marginal LOS Marginal to Cost/Day Percent Prison Cost/Day Percent to Probation Cost/Day Percent Cost/Day Parole Cost/Day County County to Prison (months) Prison Probation (months) Probation to CBC CBC (months) Parole Jail Jail Aggravated Misdemeanor (Sex Offense) 72.0% 11.6 $ 19.93 64.0% 27.3 $ 5.38 4.0% $ 11.85 1.4 $ 5.38 28.0% $ 50 Class D Felony (Sex Offense) 79.0% 34.8 $ 19.93 49.0% 42.9 $ 5.38 10.0% $ 11.85 2.7 $ 5.38 19.0% $ 50 Minority Impact The minority impact of SF 524 is unknown. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system. Fiscal Impact The fiscal impact of SF 524 cannot be estimated. The Bill establishes two new criminal offenses, and the resulting number of convictions and cost to the justice system cannot be estimated. Table 2 shows estimates for the average State cost per offense class type. The estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one additional conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision. Table 2 — Average State Cost per Defense Class Type Cost Increase Estimate Offense Minimum Maximum Class D Felony (Sex Offense) $ 9,200 $ 14,100 Aggravated Misdemeanor (Sex Offense) $ 5,000 $ 10,000 Sources Criminal and Juvenile Justice Planning Division, Department of Human Rights LSA calculations /s/ Holly M. Lyons March 12, 2019 The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request. Fiscal Note Fiscal Services Division SF 538 – Medicaid Expansion, Community Engagement (LSB1842SV) Analyst: Jess Benson (515.281.4611) [email protected] Fiscal Note Version – New Description Senate File 538 requires the Department of Human Services (DHS) to submit a request to the Centers for Medicare and Medicaid Services (CMS) by October 1, 2019, for a waiver to require participation in community engagement or work activities as a condition of eligibility for the Iowa Health and Wellness Plan (IHAWP). The Bill specifies the types of community engagement or work activities to be required under the waiver and provides exceptions to required participation in community engagement or work activities. The Bill directs the DHS to implement the terms of the waiver upon receipt of approval from the CMS. Background While adding this requirement as a condition of eligibility does not conflict with existing federal law, other states have experienced lawsuits and legal implications after receiving approval from the CMS to impose community engagement or work activity requirements. Assumptions • It is assumed there will be minimal expenditures in FY 2020 as the DHS works with the CMS to approve a waiver. • Until the specific community engagement or work activities requirement criteria is defined, the DHS is unable to determine if IHAWP enrollment will be impacted. • There is no consequence outlined in the Bill for failure to cooperate with community engagement or work activity requirements (for example, a specified period of ineligibility for the IHAWP). It is assumed if an individual is disenrolled due to noncompliance, they may reenroll at any time. DHS Field Staff • There are approximately 166,748 IHAWP cases. It is estimated that 16,675 individuals meet the work or school exemption criteria. • It will take 10 minutes per case once per year to gather and update the required information on 150,173 cases, requiring 16.0 Income Maintenance full-time equivalent (FTE) positions, 2.0 Typist Advanced FTE positions, and 1.0 Income Maintenance Supervisor FTE position. • It is estimated that one-sixth of the FTE positions will be hired each month in FY 2021, with all FTE positions hired midway through the year. • A 2.0% increase in salary and benefits is assumed in FY 2022. • The federal match rate for field operations staff is 33.82% federal and 66.18% State. • Because the community engagement or work activity requirements would be a condition of eligibility, there may be an increase in applications due to “churn” and individuals reapplying for coverage. This may impact the workload of the DHS Contact Center, and the increase in scope could result in the Member Services provider requesting a contract amendment to increase cost. The impact of this increase is not known at this time. Systems Updates • The data warehouse will need to be updated to include Eligibility Integrated Application Solution (ELIAS) System data not in the data warehouse, along with updates to the Iowa Medicaid Access Portal. These changes are estimated to take 20 hours at $105 per hour. • The income maintenance systems would require a new tracking system for work requirement, training, and school truancy. Data sources would need to isolate the source of earned income and identify the number of hours worked to determine compliance with community engagement or work activities. These changes are estimated to take 11,429 hours at $105 per hour. • The ELIAS System would need a new interface for the work requirements system. This would require two contractor staff teams spending four months to develop a solution and would include associated support expenditures. These changes are estimated to take 22,240 hours at $105 per hour plus support staff. • The match rate varies for the different systems that need to be updated, but the blended rate for all systems changes is 84.66% federal and 15.34% State. Fiscal Impact Senate File 538 is not anticipated to have a significant impact in FY 2020 as the DHS works with the CMS to approve a waiver. The Bill is estimated to increase the DHS State operating costs by $1.4 million in FY 2021 and $721,000 in FY 2022 and subsequent fiscal years. The increase for FY 2021 includes $798,000 in one-time costs. Details of the increase in FTE positions and other costs are listed in Table 1 below. Table 1 — Fiscal Estimate for SF 538 FY 2021 FY 2022 Salary & Salary & DHS Field Operations FTEs Benefits Total Cost State Share FTEs Benefits Total Cost State Share Income Maintenance Worker 2 12.7 $ 57,214 $ 726,618 $ 480,878 16.0 $ 58,358 $ 933,728 $ 617,945 Typist Advanced 1.6 42,416 67,866 44,914 2.0 43,264 86,528 57,265 Income Maintenance Supervisor 1.0 68,544 68,544 45,363 1.0 69,915 69,915 46,270 DHS Field Operations Total 15.3 $ 863,027 $ 571,155 19.0 $ 1,090,171 $ 721,479 DHS Systems Changes Hours Cost Total Cost State Share Hours Cost Total Cost State Share Data Warehouse 20 $ 105 $ 2,100 $ 748 0 $ 105 $ 0 $ 0 Income Maintenance Systems 11,429 105 1,200,045 411,148 0 105 0 0 ELIAS 22,240 105 2,335,200 225,546 0 105 0 0 Support Costs for ELIAS 1,664,800 160,795 0 0 DHS Systems Changes Total $ 5,202,145 $ 798,237 $ 0 $ 0 SF 538 Total Increased Cost $ 6,065,172 $ 1,369,392 $ 1,090,171 $ 721,479 *Totals may not sum due to rounding. Source Department of Human Services /s/ Holly M. Lyons March 12, 2019 The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request. Fiscal Note Fiscal Services Division SF 554 – Pesticide Applicator Fee (LSB2586SV) Analyst: Debra Kozel (515.281.6767) [email protected] Fiscal Note Version – New Description Senate File 554 creates the Pesticide Administration and Enforcement Fund under the administration of the Department of Agriculture and Land Stewardship. Currently, the fees that are collected every two years for the certification of a pesticide applicator are deposited into the General Fund. The Bill redirects the fees into the new Pesticide Administration and Enforcement Fund for the enforcement of the Pesticide Act of Iowa as outlined in Iowa Code chapter 206. Background A person who applies a restricted-use pesticide must be certified as one of the following types of applicators and pay a biennual fee. The person must also pass an exam or attend a continuing education course. The types of applicators include: • Commercial applicator that is in the business of applying pesticides. • Public applicator that is a person employed to apply pesticides by a state or local government. • Private applicator that applies or supervises the use of pesticides on property the applicator owns or leases. Assumptions • The fees collected for the certification of a pesticide applicator in FY 2018 were $460,000, with $370,000 from commercial applicators and $90,000 from public or private applicators. • The DALS assumes the fees collected will remain approximately the same in FY 2020. • The DALS will use the funds to administer and enforce the Pesticide Act of Iowa. Fiscal Impact The estimated fiscal impact of Senate File 554 is a reduction of fee revenue of $460,000 to the General Fund in FY 2020 and every two years after, and an increase of $460,000 to the Pesticide Administration and Enforcement Fund every two years. Source Department of Agriculture and Land Stewardship /s/ Holly M. Lyons March 11, 2019 The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.