HomeMy WebLinkAbout2002-07-02 Info Packet of 6/20~ CITY COUNCIL INFORMATION PACKET
CITY OF IOWA CITY June 20, 2002
www.icgov.org
I MISCELLANEOUS ITEMS
IPl Meeting Schedule and Tentative Work Session Agendas
IP2 Memorandum from City Attorney: Absence
IP3 Memorandum from City Clerk: Early Start for July 1 Work Session
IP4 New Laws of Interest to Cities - June 2002 [Iowa League of Cities]
IP5 Minutes: April 18 PATV
City Council Meeting Schedule and June20,2002
Tentative Work Session Agendas
C~ITY OF IOW~, (~ITY
www.icgov.org
July 1 Monday
TBD COUNCIL WORK SESSION Emma J. Harvat Hall
· Joint Meeting: Airport Commission
· Commerce Park
· Airport Review
·Joint Meeting: Neighborhood Housing Relations Task rome
· Process and Recommendations
· Remaining Agenda TBA
July 2 Tuesday
7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall
· Separate Agenda Posted
I July 4 Thursday
INDEPENDENCE DAY HOLIDAY - CITY OFFICES CLOSED
July 15 Monday
6:30p COUNCIL WORK SESSION Emma J. Harvat Hall
· Joint Meeting: Planning and Zoning Commission
· Wetlands
· Remaining Agenda TBA
I July 16 Tuesday
7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall
· Separate Agenda Posted
August 19 Monday
6:30p COUNCIL WORK SESSION Emma J. Harvat Hall
August 20 Tuesday
7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters Downtown Historic Preservation
Writers' Safe Haven Opening of First Avenue
Comprehensive Plan Update Age of Consent
Long-Term Deer Management Plan NHRTF Recommendations
City of Iowa City
MEMORANDUM
Date: June 17, 2002
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Absence
I will be out of the office the week of June 24.
cc: Steve Atkins
Dale Helling
Marian Karr
eleanodmem/a bsence6-02.doc
City of Iowa City
MEMORANDUM
DATE: June 20, 2002
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk
RE: Early Start for July 1 Work Session
There may be a need to schedule the start of the July 1st work session to 5:00 PM to
accommodate agenda items. Please check your calendars and let me know if that start
time would be a problem. IfI do not hear from you I will assume that time would work
with your calendars. The final start time will be included in next week's packet.
IP4
A publication of the Iowa League of Cities
The 2002 legislative session concluded the second year of the 79th General
Assembly. This Special Report describes laws affecting city government that
passed during the 2002 session. Laws are listed in order of House File (HF) and
Senate File (SF) numbers. A table of contents, alphabetical index and index by
government service category are provided to help locate specific laws of interest.
Legislation passed during the special session is included in an appendix.
All laws are effective July 1, 2002, unless otherwise noted. A citation appears in
italics after each summary to indicate sections changed in the Code of Iowa.
This report contains only abbreviated summaries and should not be considered a
substitute for the enrolled bill. The legislation in its entirety may be obtained by
finding the bill file number and using one of the options below: New
Access the Internet at: www. iowaleague.org
click on "Governmental AfJsirs" and choose Laws
"Find a bill "for a single bill or "2002 bills
passed" for a chronological list of all bills
passed in the 2002 session.
Or contact: Legislative Information Office Interest
State Capitol Building
Des Moines, Iowa 50319 to Cities
(515) 281-5129
If you have questions on the 2002 laws, contact the League office at June 2002
(515) 244-7282 or the state executive branch agency responsible for
enforcing the new law.
IOWA 3,7 Sixth Avenue, Suite 1400
LEAGUE
(515) 244-7282
Fax (515) 244-0740
_o[ CITIES
www. iowaleague.org
TABLE OF CONTENTS
Introduction .......................................................................... 1
HF 582 Annexation ................................................................. 2
HF 583 Water Pump Service Certification ................................................ 2
HF 2009 Assessors as Candidates ....................................................... 2
HF 2035 State Historic Property Rehabilitation Tax Credits .................................... 2
HF 2109 RatTles and Games ........................................................... 2
HF 2112 Approaching Stopped Emergency Vehicles ......................................... 2
HF 2116 Federal Tax Law Conformity ................................................... 2
HF 2135 Planning and Zoning Commission Membership ..................................... 2
HF 2151 School Security Records ...................................................... 2
HF 2152 Reserve Peace Officer Death Benefit .............................................. 2
HF 2193 Transit Service Cost Reports .................................................... 2
HF 2229 Strategic Investment Fund ...................................................... 2
HF 2248 Bill of Rights Day ............................................................ 3
HF 2271 Community-based Seed Capital Funds ............................................ 3
HF 2289 Assessment Schedule for Nuisance Abatement ...................................... 3
HF 2291 Judgment Liens .............................................................. 3
HF 2317 Billboards .................................................................. 3
HF 2338 Sex Offender Registration ...................................................... 3
HF 2378 Enterprise Zones ............................................................. 3
HF 2409 Election Misconduct .......................................................... 3
HF 2417 lowa Land Recycling and Environmental Remediation Standards Act ..................... 3
HF 2418 Energy Conservation .......................................................... 3
HF 2448 Township Fire Protection ...................................................... 3
HF 2472 Election Procedure .......................................................... 3-4
HF 2507 Anthrax .................................................................... 4
HF 2532 Public Pensions .............................................................. 4
HF 2538 Campaign Finance Reporting ................................................... 4
HF 2552 Child Abuse Assessment ....................................................... 4
HF 2554 Waste Tire Disposal .......................................................... 4
HF 2565 Contractual Sales of Real Estate ................................................. 4
HF 2571 Iowa Cultural Trust ........................................................... 4
HF 2584 Vineyards and Winery Property .................................................. 4
HF 2612 Transportation Appropriations for Fiscal Year 2003 - VETOED ......................... 4
HF 2614 State Program Appropriations for Fiscal Year 2003 .................................. 5
HF 2620 Farmers Markets ............................................................. 5
HF 2622 Tax Administration and Pension Task Force ........................................ 5
HF 2623 Annexation and Township Services ............................................... 5
SF 144 Topsoil Preservation .......................................................... 5
SF 165 English as Official Language ................................................... 5
SF 2048 Project Labor Agreements- VETOED ............................................. 5
SF 2079 Bicycle Safety Flags on All-terrain Vehicles or Snowmobiles ........................... 5
SF 2098 Penalties for Unauthorized Computer Access ....................................... 5
SF 2124 Statewide Mutual Aid Compact .................................................. 6
SF 2145 Sewage Treatment and Drinking Water Facilities Financing Program ..................... 6
SF 2146 Terrorism .................................................................. 6
SF 2190 Workers' Compensation - VETOED .............................................. 6
SF 2192 Electric Personal Assistive Mobility Device and Vehicle Weights ........................ 6
SF 2197 Sex Offender's Residence ...................................................... 6
SF 2207 Conservation Easements ....................................................... 6
SF 2268 Dog at Large and Threatened Animals ............................................ 6
SF 2273 Juneteenth National Freedom Day ................................................ 6
SF 2277 Confidential Security Records ................................................... 7
SF 2278 Jail Needs Report ............................................................ 7
SF 2279 Group Health Claims Report .................................................... 7
SF 2293 Confined Animal Feeding Operations ............................................. 7
SF 2304 Public Funding Appropriations .................................................. 7
SF 2321 Electronic Commerce ......................................................... 7
SF 2325 Demolition Burns and Recycling of Electronic Goods ................................. 7
SF 2326 State Omnibus Budget for Fiscal Year 2003 - ITEM VETOED .......................... 7
Appendix .......................................................................... 8
Index in Alphabetical Order ............................................................... 9
Index by Category ..................................................................... 10
INTRODUCTION
The 2002 New Laws oflnterest to Cities digest contains a summary of changes to state laws that impact
cities. The summaries in this report are intended to highlight the changes in the law. This digest is
intended to serve as a reference to these new laws, not as a substitute for the enrolled legislation.
Due to state revenue issues, the 2002 legislative session was shortened to reduce spending. Throughout
the 2002 fiscal year, state revenues continually fell behind projections. This created a need for adjust-
ments to the 2002 and 2003 fiscal year budgets during the regular session and in the two special ses-
sions following.
Revenue issues may have taken center stage at the Capitol, but issues impacting cities were also
addressed. Several League priorities were accomplished this year. Legislation was passed enabling a
clerk to file nuisance abatement assessment schedules, authorizing cities to file a bond in lieu of a lien
attachment and regulating contract home sales. Although cities were affected by both across-the-board
cuts and specific cuts to items such as the Brownfields Redevelopment program, cities were pleased
with the protection of the Road Use Tax Fund and Community Attraction and Tourism program.
Even with the shorter session, familiar issues such as a property tax limitation, tax increment financing
restrictions, government consolidation and regulated land use planning were introduced. Legislative pro-
posals such as these would have further eroded cities' Home Rule authority. The League was able to
successfully resist each of these issues.
A bill that would have funded a review of Iowa's tax system did not pass this year, unfortunately. Cities
remain optimistic, however, that progress will occur on this effort over the next yeah With the budgetary
difficulties the state confronted this year, many are recognizing the need for a comprehensive review of
the state's tax system. The League will continue to focus on this priority issue, seeking partnerships with
local government organizations and others that share a mutual interest in impacting a positive future for
Iowa and its communities.
HF 582 Annexation HF 2116 Federal Tax Law Conformity
Affirms city authority to review subdivisions or plats Conforms Iowa tax law to the federal Economic
outside city boundaries. Establishes notice procedures Growth and lax Relief Reconciliation Act
for annexation moratorium hearings. Expands notice (EGTRRA) of 2001. Changes include contribution
periods for voluntary annexations from 10 to 14 days. limits for certain retirement plans. Various sections.
Requires services under the city's control to be pro- Effective retroactively to January 1, 2002.
vided within three years of involuntary annexation if
the landowner requests the services. Chapters 354 }IF 2135 Planning and Zoning Commission
and 368. Membership
Requires a city planning and zoning commission --
Editor's Note: HF 2623 contains provisions that exercising zoning jurisdiction outside city limits in a
modify these requirements, county where no county zoning ordinance exists -- to
include a county supervisor and a resident of the area
HF 583 Water Pump Service Certification in which zoning jurisdiction is being extended. If the
Creates a certification program for persons providing zoning jurisdiction extends into multiple counties
pump services that include installation, repair or without zoning, the counties shall jointly appoint one
maintenance of water systems. A water system is the member to the commission. Provides for the transition
mechanical portion of a water well that delivers water if no vacancy exists upon enactment. Section 414.23.
from the well to a valve separating the well from the
plumbing system. A person notifying the Department }IF 2151 School Security Records
of Natural Resources prior to June 30, 2004, will Classifies records concerning security procedures or
become certified without examination. Section emergency preparedness of schools as confidential if
455B. ! 90A. disclosure could jeopardize student, staff or visitor
safety. The subsection is repealed effective June 30,
HF 2009 Assessors as Candidates 2007. Section 22.7.
Permits an assessor to continue his or her position
while seeking elective office. If elected, the assessor HF 2152 Reserve Peace Officer Death Benefit
must resign before beginning the elected term. Section Adds reserve peace officers to public safety officers
441.17. Effective upon enactment, entitled to a death benefit if they are killed in the line
of duty. Section 100B. 11. Effective upon enactment.
ItF 2035 State }iistoric Property Rehabilitation
Tax Credits HF 2193 Transit Service Cost Reports
Expands applicability of state historic property reha- Changes the reporting requirement for public, private
bilitation tax credits to taxation of financial institu- and private nonprofit organizations applying for or
tions and insurance companies. Chapters 404A, 422 receiving governmental aid for transit services to an
and 432. Effective upon enactment, annual report of transportation program costs to the
Iowa Department of Transportation. Section 324A.4.
}IF 2109 Raffles and Games
Expands the list of qualified organizations eligible to ItF 2229 Strategic Investment Fund
conduct games of skill or chance and raffles to Defines uses of Strategic Investment Fund adminis-
include political subdivisions of the state. Section tered by the Iowa Department of Economic
99B. 7. Development (IDED). Fund provides economic devel-
opment tools for businesses and communities;
ItF 2112 Approaching Stopped Emergency includes small business gap financing, early-stage and
Vehicles entrepreneurial companies, and targeted small busi-
Directs drivers to move to the furthest lane when nesses. Requires IDED to set annual goals for use of
approaching a stopped emergency, towing or mainte- the fund. Sections 15.312 and 15.313.
nance vehicle displaying flashing lights. If a lane
change is not possible due to safety and traffic condi-
tions the driver shall reduce speed and be prepared to
stop. Violation is a scheduled fine of $50. Sections
321.323A and 805.8A.
2
HF 2248 Bill of Rights Day HF 2409 Election Misconduct
Authorizes the governor to proc]aim December 15 as Establishes offenses constituting election misconduct
Bill of Rights Day. Government bodies are encour- by persons or election officials. Now unlawful for a
aged to observe the day and formally recite the Bill of public officer or employee to require other public
Rights in meetings on or about that date. Section employees to solicit absentee ballots. Chapter 39A.
1C12.
HF 2417 Iowa Land Recycling and Environmental
HF 2271 Community-based Seed Capital Funds Remediation Standards Act
Creates an economic development incentive through Amends the land recycling standards for remediation
tax credits for investments in qualifying businesses, of groundwater and soil contaminants. Requires dif-
and allows for establishment of community-based femnt levels of public notification by the Department
seed capital funds. Various sections. Effective upon of Natural Resources for all sites enrolled in the land
enactment, recycling program. Chapter 4551-~
HF 2289 Assessment Schedule for Nuisance HF 2418 Energy Conservation
Abatement Allows cities to adopt minimum energy standards
Allows the city clerk in addition to an engineer to pre- from provisions recommended by nationally recog-
pare, sign and file the nuisance abatement assessment nized organizations if the provisions are also consis-
schedule and other related documents for the abate- tent with federal standards. Once adopted, the city is
ment of a nuisance. Section 384.59. required to adopt or enact any update or revision to
that standard, Sections 1 Q3A~8A and 103,4. ] O.
HF 2291 Judgment Liens
Allows a city to discharge a judgment lien against HF 2448 Township Fire Protection
city-owned real estate if the city files a bond in thc Allows a township to indicate on its budget that a por-
amount of the judgment with the clerk of the district tion of its taxes be paid directly to the city providing
court. Prohibits a judgment lien from attaching to city fire protection service or emergency medical service
streets, alleys or utility easements or to city-owned to the township. Section 359.49.
real estate used for transportation, health, safety or
utility purposes, Section 624.23. Editor's Note: HF 2623 clarifies that this applies
to emergency medical services as well as fire
}IF 2317 Billboards protection.
Allows for the placement of advertising devices, such
as billboards, in areas used for commercial or indus- }IF 2472 Election Procedure
trial purposes in accordance with city and county zon- Makes numerous changes to election procedure
lng. The Iowa Department of Transportation is including nomination forms and petitions, ballots,
required to adopt roles in compliance with the federal voting systems and equipment, canvassing of votes
Highway Beautification Act of t965. Section 306B.2. and recounts. Prohibits a special election from being
Effective July 1, 2004. conducted simultaneously with a regular or special
city primary election or a city runoff election.
HF 2338 Sex Offender Registration Requires the question of changing the terms of elected
Requires an individual who must register as a sex city office be submitted at a special election more
offender to also register with the sheriff of the county than 90 days prior to the regular city election if the
where the offender attends or is employed by a higher change shall go into effect at that regular city election.
education institution not in his or her county of resi- Requires city to give notice to the county at least 85
dence. Chapter 692A. days in advance of the date chosen for a special
election to fill vacancies if a primary may be needed.
HF 2378 Enterprise Zones Requires city clerk to certify method of nomination to
Requires cities to use the 2000 Census population to the county 90 days prior to the date of the regular city
determine eligibility for enterprise zones. Sets dead- election.
lines to apply for certification and prohibits aggregate Requires the clerk of a city with wards to indicate
zone areas from comprising over one percent of coun- city wards on the map supplied to the county when
ty area. Provides certain restrictions for non-retail the city annexes territory. Requires the notice to
businesses. Chapter 1SE. Various effective dates, voters for a city charter election to contain the full
3
text of the proposed charter. Clarifies that shorter HF 2552 Child Abuse Assessment
polling hours for smaller cities also apply to local Requires an interview be offered to a person before
option sales tax referendum elections in those cities, determining he or she committed abuse. The offer
Establishes a process for registered voters to may be declined only by that person or his or her
petition an appointing authority, such as a city attorney. Sections 232. 7lB and 235A. 13.
council, to conduct a public hearing regarding
whether a public office is vacant. The petition must HF 2554 Waste Tire Disposal
be signed by at least 25 voters and the appointing Continues the Waste Tire Initiative of the Department
authority must conduct the hearing within 30 days. of Natural Resources by appropriating 20 percent of
Various chapters. January 1, 2003. moneys received from various surcharges into the
waste tire management fund through 2007. After
HF 2507 Anthrax 2007, all moneys shall be deposited in the Road Use
Makes the possession or distribution of anthrax Tax Fund. Section 321.52A.
unlawful unless used for a purpose authorized by fed-
eral law. Section 126.24. HF 2565 Contractual Sales of Real Estate
Requires a seller of residentiaI real estate by contract
HF 2532 Public Pensions to issue a disclosure statement to the buyer containing
Increases the earning limitation for Iowa Public information such as taxes due, special assessments,
Employees Retirement System (IPERS) retirees from liens, amortization table, balloon payments and effec-
other public employment covered by IPERS from rive interest rates. The seller is also required to rec-
$14,000 to $30,000 subject to certain conditions, ommend that the buyer obtain an independent home
Adds provisions intended to increase the portability inspection report to verify the information regarding
between IPERS and other retirement plans, the condition of the property the seller is required to
Establishes the definition for member in good disclose. Applies to sellers who have sold four or
standing for members of the Municipal Fire and more properties on contract in the 365 days before
Police Retirement System of Iowa (MFPRSI), and signing the contract. Chapters 558 and 558A.
requires that a member be in good standing to apply
for retirement or disability benefits. A member who is HF 2571 Iowa Cultural Trust
in jeopardy of termination under the disciplinary pro- Creates the Iowa Cultural Trust, Iowa Cultural Trust
cedures of civil service or the subject of an investiga- Fund and Iowa Cultural Trust Grant Account.
tion that could lead to such termination is not in good Promotes establishment of local endowments and
standing. A member not in good standing can request encourages continuing support for qualified tax
that the MFPRSI waive the requirement, exempt, nonprofit organizations. No funding provid-
Mandates IPERS to study the feasibility of estab- ed. Chapters 303 and 303A.
lishing a deferred retirement option program and an
additional option for a member to access IPERS bene- HF 2584 Vineyards and Winery Property
fits upon termination. Chapters 97A, 97B and 411. Reclassifies vineyards and ail associated buildings,
Various effective dates, including wineries, as agricultural land. Section
441.21. Effective retroactively to January 1, 2002.
HF 2538 Campaign Finance Reporting
Requires candidates for city, school, county or state HF 2612 Transportation Appropriations for Fiscal
office to form a committee, file a Statement of Year 2003
Organization (DR-l) and begin filing reports with the ¥ !~ 'l' O l* I}
Iowa Campaign Finance Disclosure Board within I 0 Makes transportation and other infrastructure-related
days after receiving contributions, expending or appropriations to the Iowa Department of
incurring debt in excess of $750. Once that $750 ceil- Transportation, including allocation and use of
ing is reached, reports on contributions, expenses or moneys from the Road Use Tax Fund, primary road
debts must be submitted periodically. Specifies cam- fund, and general fund. Various sections.
paign finance reports and statements required under
Chapter 56 must be filed with the board instead of the Editor's Note: See Appendix for later legislative
county auditor. Chapter 56. Various effective dates, action.
4
HF 2614 State Program Appropriations for Fiscal is being granted The city must also notify DRF
Year 2003 that the exemption has been granted, including the
Provides funding to the Rebuild Iowa Infrastructure specific project information. A form is being
Fund (RIIF), Environmental First Fund and Tobacco prepared by DRF to use for such notifications. Bid
Settlement Trust Fund (Restricted Capital Fund). notices must also indicate that the city intends to
Appropriations include $1 million to the Browofields issue the tax exemption certificate.
Redevelopment Fund; $1.1 million for vertical infra-
structure improvements at commercial airports and HF 2623 Annexation and Township Services
$581,400 for the aviation hangar grant program at Specifies the notice required to those affected by an
general aviation airports; $2 million for recreation annexing moratorium can be made by regular mail.
trails within the state and $800,000 for the Local Clarifies that the standard for the city to provide ser-
Housing Assistance Program. Various sections, vices to annexed areas pertains only to services within
the city's authority to provide. Clarifies that the town-
Editor's Note: See Appendix for later legislative ship may direct payment from the budget to a city for
action, emergency medical service as well as fire protection.
Various sections. Various effective dates.
HF 2620 Farmers Markets
Requires vendors at a farmers market to obtain a food SF 144 Topsoil Preservation
license if the vendor provides potentially hazardous Requires Iowa Department of Transportation to pro-
foods. Such foods typically include items that are sub- vide for the restoration of areas from which fill dirt,
ject to spoilage or contamination. Chapter 137E soil or other materials are removed to complete high-
Effective upon enactment, way projects. Specifics exemptions from this require-
ment. Section 314.12A.
HF 2622 Tax Administration and Pension Task
Force SF 165 English as Official Language
Allows the city to issue a tax exemption certificate to Declares English the official language of the state and
builders and contractors when purchasing building more specifically, the language of government.
materials, equipment and supplies for a public Provides specific exemptions and roles of application.
improvements project. If the city issues the certificate, Sections 1.18 and 4.14.
the contractor is not required to pay sales tax on the
construction items at the time of sale. Under current SF 2048 Project Labor Agreements
law, the contractor is required to file for a refund after ¥ ~' Y O E I~
the sale. Prohibits disbursement of moneys from the Vision
Changes the date for the Department of Revenue Iowa fund to any public contracting entity for a public
and Finance to estimate local option sales tax revenue works project if the entity has entered an agreement
for the ensuing year from July 15 to August 15. requiring employees to join or pay dues to a union, or
Extends the period for a property owner to file for tax requiring union affiliation for persons to bid or per-
abatement to two years from the time the form work on the project. Section 12. 72A.
improvement is first assessed. Increases the annual
salary cap for disabled veterans to remain exempt SF 2079 Bicycle Safety Flags on All-terrain
from property taxes from $25,000 to $35,000. Vehicles or Snowmobiles
Creates a volunteer firefighter pension task force to Eliminates requirement that a bicycle safety flag be
study the establishment of a volunteer firefighter displayed while operating all-terrain vehicles or snow-
pension program. The study, which is to be completed mobiles on a public road or street. Sections 321.234A,
by January l, 2003, must also identify issues related 321G. 13 and 805.8B.
to the attraction and retention of volunteer
firefighters. Chapters 404, 422, and 422B. Various SF 2098 Penalties for Unauthorized Computer
effective dates. Access
Provides criminal penalties for unauthorized computer
Editor ~ Note: lf the city chooses to issue a tax access of confidential records, operational or support
exemption certificate, the city must provide an data ora public utility or public airport, or trade
authorization letter and a certificate. Both must secrets. Sections 716.1 and 716.6B.
show the specific project for which the exemption
5
SF 2124 Statewide Mutual Aid Compact SF 2192 Electric Personal Assistive Mobility
Authorizes an intrastate compact for mutual aid Device and Vehicle Weights
between political subdivisions such as counties, cities Establishes provisions for operating electric personal
and townships that allows them to request and share assistive mobility devices on sidewalks and bikeways.
resources during times of emergency or disaster or for Allows local authorities to regulate or prohibit opera-
training exercises. Participation in the compact is vol- tion of the devices. Makes the maximum weight car-
untary and does not impact existing mutual aid agree- fled on a non-interstate highway by a livestock vehi-
merits between political subdivisions nor preclude cie with five axles 86,000 pounds. Chapter 321 and
political subdivisions from entering mutual aid agree- Section 805.8A.
ments. Chapter 29C Effective upon enactment.
Editor's Note: The device described includes the
SF 2145 Sewage Treatment and Drinking Water SegwayTM Human Transporter (HT) a self-
Facilities Financing program balancing, electric-powered transportation device
Changes the terminology and expands eligibility to be used in the same space as a pedestrian.
under the sewage treatment and drinking water facili-
ties financing program. Defines an eligible entity as a SF 2197 Sex Offender's Residence
person eligible under the provisions of the Clean Restricts registered sex offenders from residing near a
Water Act, the Safe Drinking Water Act and the envi- school or child care facility. Chapter 6924.
ronmental protection commission rules to receive
loans for projects from either of the revolving loan SF 2207 Conservation Easements
funds. Chapter 455B. Adds the Department of Cultural Affairs and State
Archeologist to the list of entities that may acquire
Editor's Note: Fund name changes include: conservation easements. Expands use of conservation
Drinking Water Treatment Revolving Loan Fund is easements for promotion of agriculture or open space
now the Drinking Water Facilities Revolving Loan and conservation of cultural resources. Defines "nat-
Fund. Sewage Treatment Works 4dministration ural resources" as including but not limited to archae-
Fund is now the Water Pollution Control Works ological and historical resources. Section 4574.1.
Administration Fund. Sewage Treatment Works
Revolving Loan Fund is now the Water Pollution SF 2268 Dog at Large and Threatened Animals
Control Works Revolving Loan Fund. Requires a dog running at large to be apprehended
and impounded by a local board of health or law
SF 2146 Terrorism enforcement official. If the owner is determined,
Defines terrorism and establishes criminal offenses notice shall be sent by regular mail within two days
for acts of terrorism. Chapter 7084. after impoundment. Allows law enforcement to res-
cue a threatened animal and makes the responsible
SF 2190 Workers' Compensation party liable for costs incurred by the local authority.
¥ E 'l' O E ~} Makes the training and fighting of bears, bulls, chick-
Adjusts the benefits for an employee who is re- ens and dogs for a contest event illegal. Various sec-
injured by taking into account benefits paid for the tions.
first injury. The intent is to disallow recovery twice
for the permanent loss of the same body part or organ. SF 2273 Juneteenth National Freedom Day
Makes certain claims records confidential. Sections Requests the governor proclaim the third Saturday in
85.34 and 86.45. June as Juneteenth National Freedom Day and
encourage governmental entities to observe the day in
an appropriate manner. Observance is intended to
focus on the importance of the Emancipation
Proclamation that ended slavery in the United States.
Section 1C. 12.
Editor's Note: This does not create a new state
legal holiday.
6
SF 2277 Confidential Security Records SF 2304 Public Funding Appropriations
Allows a city, public airport, municipal utility, jointly Adjusts the state's fiscal year 2002 appropriations, but
owned municipal utility or rural water district to keep exempts some tax reimbursements from cuts including:
records confidential that could jeopardize the security or personal property tax replacement, franchise tax alloca-
the public health and safety of the citizens served by tions, homestead tax credit, elderly and disabled proper-
that entity. Allows an entity to hold a closed session to ty tax credit, military service tax credit, and industrial
discuss the records. The subsection is repealed effective machinery and equipment property tax replacement.
June 30, 2007. Sections 21.5 and 22.7. Various sections. Effective upon enactment.
SF 2278 Jail Needs Report Editor 'S Note: See `4ppendix for later legislative
Requires Department of Human Rights to prepare a action.
report analyzing the confinement and detention needs of
jails, alternative jails and municipal holding facilities. SF 2321 Electronic Commerce
Section 3.56. 36,4. Effective upon enactment. Requires the Iowa Department of Revenue and Finance
to collect data on electronic commerce and its effect on
Editor's Note: The department is' directedto consult sales and use tax collection. Creates a delegation to dis-
with the League and other interested parties in cuss simplification and uniformity of the sales tax sys-
preparing the report, tern with other states and make recommendations to the
general assembly. Sections 421.70, 422.43 and 423.1.
SF 2279 Group Health Claims Report Effective upon enactment.
Requires providers of group health benefits plans or
contracts that cover more than 50 employees to provide, SF 2325 Demolition Burns and Recycling of
upon request of the policy holder, a report of claims Electronic Goods
paid, claims incurred and premium by line of coverage. Allows Department of Natural Resources (DNR) to
The report must only be provided annually. The require- adopt rules permitting cities to conduct controlled burns
merit applies to public employee self-funded plans of a demolished building subject to certain restrictions.
under Chapter 509A. Section 509.19. Requires the DNR to cooperate with the Department of
Economic Development on a task force to study the dis-
SF 2293 Confined Animal Feeding Operations posal of waste materials from demolished buildings.
Restructures state regulation process for Confined Requires DNR to develop a strategy for recycling and
Animal Feeding Operations (CAFO). Allows the county removing toxic parts from electronic goods. Sections
board of supervisors to adopt a construction evaluation 455B. 133 and 455D.6.
resolution using the state-developed master matrix to
evaluate CAFO construction. The board of supervisors SF 2326 State Omnibus Budget for Fiscal Year 2003
may hold public hearings and submit public and board I 'l' l~ I~ ¥ l~ 'l' O E I~
comments to the Department of Natural Resources Establishes fiscal year 2003 state budget, combining
(DNR). Increases separation distances of a new CAFO appropriations normally contained in nine separate
from a business, school, church or public use area and appropriation bills. Various sections. Various effective
certain water sources. Requires DNR to study the dates.
effects of phosphorous as it originates from municipal
and industrial sources and from farm, lawn and garden Editor's Note: The governor exercised line item
use. Various sections, vetoes on various appropriations throughout the act.
See Appendir for later legislative action.
Editor's Note: The department 'S master matrix is a
comprehensive assessment mechanism to score
criteria for approval or disapproval of construction
and expansion of a CAFO and shall include criteria
valuing environmental and community impacts. A
city 'S comments regarding the construction or
expansion of a CAFO can be directed to the county
board of supervisors for the board 's recommendation
in the construction evaluation resolution.
7
Appendix
Special Session Appropriations Bills
Two special sessions were called to address state budget issues. The first session, April 22, was called to
address the gap between the fiscal year (FY) 2003 budget the legislature submitted to Governor Vilsack
and the governor's proposed budget. No legislation was passed during this session.
A second session was held May 28 after projected budget deficits of $219 million for FY 2002 and
$216 million for FY 2003 were announced. The following acts were the result of that session.
HF 2625 Fiscal Year 2002 Appropriation HF 2627 State Omnibus Budget for
Adjustments Fiscal Year 2003
ITEM VETOED NOT YET SIGNED
Transfers $4.7 million from Environment First Amends the appropriations contained in SF 2326 to
Fund; $105 million from Economic Emergency adjust the fiscal year 2003 state budget. Enacts an
Fund; $90 million from Cash Reserve Fund; and across-the-board cut of 2.2 percent with some
other miscellaneous transfers to the state's general restrictions. Makes cuts to personal property tax
fund to balance the fiscal year 2002 budget· Various replacement, franchise tax allocations, elderly and
sections. Various effective dates, disabled property tax credit and homestead tax cred-
it. Reduces the amount appropriated for public tran-
Editor's Note: The governor exercised line item sit assistance. Establishes a Program Elimination
vetoes on various appropriations throughout the Commission. Various sections. Various effective
act. dates.
HF 2626 Transportation Appropriations for Editor's Note:
Fiscal Year 2003 . Eliminates $800, O00 for the Local Housing
N 0 T Y E T S I G N E D ~4ssistanceprogram (LHAP).
Restores many of the appropriations contained in · Eliminates the $1 million appropriation to the
HF 2612, which was vetoed by govemon These Brownfields Redevelopment program.
appropriations relate to funding for the Iowa ' Reduces library funding from Enrich Iowa by
Department of Transportation, the allocation of the $600,000.
Road Use Tax Fund, and other transportation related · Reduces various programs for airports by
programs. Various sections. Various effective dates. $600,000.
· Reduces the Resource Enhancement and
Protection (RE,4P) program by $8 million.
8
INDEX IN ALPHABETICAL ORDER
Annexation HF 582 ........................................................................ 2
Annexation and Township Services HF 2623 ..................................................... 5
Anthrax HF 2507 .......................................................................... 4
Approaching Stopped Emergency Vehicles HF 2112 ................................................ 2
Assessment Schedule for Nuisance Abatement HF 2289 ............................................. 3
Assessors as Candidates HF 2009 .............................................................. 2
Bicycle Safety Flags on All-terrain Vehicles or Snowmobiles SF 2079 .................................. 5
Bill o~' Rights Day HF 2248 .................................................................. 3
Billboards HF 2317 ........................................................................ 3
Campaign Finance Reporting HF 2538 .......................................................... 4
Child Abuse Assessment HF 2552 ............................................................. 4
Community-based Seed Capital Funds HF 2271 ................................................... 3
Confidential Security Records SF 2277 .......................................................... 7
Confined Animal Feeding Operations SF 2293 .................................................... 7
Conservation Easements SF 2207 .............................................................. 6
Contractual Sales of Real Estate HF 2565 ........................................................ 4
Demolition Bums and Recycling of Electronic Goods SF 2325 ....................................... 7
Dog at Large and Threatened Animals SF 2268 ................................................... 6
Election Misconduct HF 2409 ................................................................. 3
Election Procedure HF 2472 ................................................................ 3-4
Electric Personal Assistive Mobility Device and Vehicle Weights SF 2192 ............................... 6
Electronic Commerce SF 2321 ................................................................ 7
Energy Conservation HF 2418 ................................................................ 3
English as Of~cial Language SF 165 ........................................................... 5
Enterprise Zones HF 2378 ................................................................... 3
Farmers Markets HF 2620 ................................................................... 5
Federal Tax Law Conformity HF 2116 .......................................................... 2
Group Health Claims Report SF 2279 ........................................................... 7
Iowa Cultural Trust HF 2571 ................................................................. 4
Iowa Land Recycling and Environmental Remediation Standards Act HF 2417 ........................... 3
Jail Needs Report SF 2278 ................................................................... 7
Judgment Liens HF 2291 .................................................................... 3
Juneteenth National Freedom Day SF 2273 ...................................................... 6
Penalties for Unauthorized Computer Access SF 2098 .............................................. 5
Planning and Zoning Commission Membership HF 2135 ............................................ 2
Project Labor Agreements SF 2048 - VETOED ................................................... 5
Public Funding Appropriations SF 2304 ......................................................... 7
Public Pensions HF 2532 .................................................................... 4
Raffles and Games HF 2109 .................................................................. 2
Reserve Peace Officer Death Benefit HF 2152 .................................................... 2
School Security Records HF 2151 ............................................................. 2
Sewage Treatment and Drinking Water Facilities Finat~cing Program SF 2145 ............................ 6
Sex Offender Registration HF 2338 ............................................................ 3
Sex Offender's Residence SF 2197 ............................................................. 6
State Historic Property Rehabilitation Tax Credits HF 2035 .......................................... 2
State Omnibus Budget for Fiscal Year 2003 SF 2326 - ITEM VETOED ................................. 7
State Program Appropriations £or Fiscal Year 2003 HF 2614 ......................................... 5
Statewide Mutual Aid Compact SF 2124 ........................................................ 6
Strategic Investment Fund HF 2229 ............................................................ 2
Tax Administration and Pension Task Force HF 2622 ............................................... 5
Terrorism SF 2]46 ......................................................................... 6
Topsoil Preservation SF 144 .................................................................. 5
Township Fire Protection HF 2448 ............................................................. 3
Transit Service Cost Reports HF 2193 .......................................................... 2
Transportation Appropriations £or Fiscal Year 2003 HF 2612 - VETOED ................................ 4
Vineyards and Winery Property HF 2584 ........................................................ 4
Waste Tire Disposal HF 2554 ................................................................. 4
Water Pump Service Certification HF 583 ....................................................... 2
Workers' Compensation SF 2190 - VETOED ..................................................... 6
INDEX BY CATEGORY
Administration
HF 2009 Assessors as Candidates ........................................................ 2
HF 2109 Raffles and Games ............................................................ 2
HF 2152 Reserve Peace Officer Death Benefit .............................................. 2
HF 2248 Bill of Rights Day ............................................................ 3
HF 2291 Judgment Liens .............................................................. 3
HF 2317 Billboards .................................................................. 3
HF 2409 Election Misconduct .......................................................... 3
HF 2472 Election Procedure .......................................................... 3-4
HF 2532 Public Pensions .............................................................. 4
HF 2538 Campaign Finance Reporting .................................................... 4
H F 2565 Contractual Sales of Real Estate .................................................. 4
HF 2620 Farmers Markets ............................................................. 5
SF 165 English as Official Language .................................................... 5
SF 2190 Workers' Compensation - VETOED .............................................. 6
SF 2273 Juneteenth National Freedom Da3( ................................................ 6
SF 2279 Group Health Claims Report .................................................... 7
Community and Economic Development
HF 582 Annexation ................................................................. 2
HF 2135 Planning and Zoning Commission Membership ...................................... 2
HF 2271 Community-based Seed Capital Funds ............................................. 3
HF 2378 Enterprise Zones ............................................................. 3
HF 2571 Iowa Cultural Trust ........................................................... 4
HF 2623 Annexation and Township Services ............................................... 5
SF 2048 Project Labor Agreements - VETOED ............................................. 5
Public Safety
HF 2112 Approaching Stopped Emergency Vehicles ......................................... 2
HF 2151 School Security Records ....................................................... 2
HF 2338 Sex Offender Rcgistratioo ...................................................... 3
HF 2448 Township Fire Protection ....................................................... 3
HF 2507 Anthrax .................................................................... 4
HF 2552 Chi[d Abuse Assessment ....................................................... 4
SF 2079 Bicycle Safety Flags on All-ter~ain Vehicles or Snowmobiles ........................... 5
SF 2098 Unauthorized Computer Access .................................................. 5
SF 2124 Statewide Mutual Aid Compact .................................................. 6
SF 2146 Terrorism ................................................................... 6
SF 2192 Electric Personal Assistive Mobility Device and Vehicle Weights ........................ 6
SF 2197 Sex Offender's Residence ...................................................... 6
SF 2268 Dog at Large and Threatened Animals ............................................. 6
SF 2277 Confidential Security Records ................................................... 7
SF 2278 Jail Needs Report ............................................................. 7
Public Works and Environment
HF 583 Water Pump Service Certification ................................................ 2
HF 2193 Transit Service Cost Reports .................................................... 2
HF 2289 Assessment Schedule for Nuisance Abatement ....................................... 3
HF 2417 Iowa Land Recycling and Environmental Remediation Standards Act ..................... 3
HF 2418 Energy Conservation .......................................................... 3
HF 2554 Waste Tire Disposal ........................................................... 4
SF 144 Topsoil Preservation ........................................................... 5
SF 2145 Sewage Treatment and Drinking Water Facilities Financing Program ...................... 6
$F 2207 Conservation Easements ....................................................... 6
SF 2293 Confined Animal Feeding Operations ............................................. 7
SF 2325 Demolition Bums and Recycling of Electronic Goods ................................. 7
Taxation and Finance
HF 2035 State Historic Property Rehabilitation Tax Credits .................................... 2
HF 2116 Federal Tax Law Confomfity .................................................... 2
HF 2229 Strategic Investment Fund ...................................................... 2
HF 2584 Vineyards and Winery Property .................................................. 4
HF 26 l 2 Transportation Appropriations for Fiscal Year 2003 - VETOED .......................... 4
HF 2614 State Program Appropriations for Fiscal Year 2003 ................................... 5
HF 2622 Tax Administration and Pension Task Force ......................................... 5
SF 2304 Public Funding Appropriations .................................................. 7
SF 2321 Electronic Commerce .......................................................... 7
SF 2326 State Omnibus Budget for Fiscal Year 2003 - ITEM VETOED .......................... 7
IP5
PATV Board of Directors Meeting
Thursday, April 18, 2002
7:00 pm, PATV Office, 206 Lafayette Sheet
1. Call meeting to order: Present are John Carhoff, Tim Clancy, Jack Fuller,
Sing Luong, Steven Newell, Tom Nothnagel, Mike Petersen, and Phil Phillips.
Also present is Director Rene Paine.
Called to order by Tom N.
2. Consent agenda: Approved unanimously.
3. Approval of March minutes: Discussion of efficiency of unnecessary entry into
minutes by Secretary and need to be more efficient and professional. Mention
that ITC item not needed. Discussion that mention of paid off loan not needed.
Motion to strike words in section of minutes by Tim C. seconded by Phil P. and
approved. Mike P. moved approved as amended, seconded by Tom N.
Unanimously approved.
4. Short public announcements: None.
5. Board announcements: John C. made announcement at the 26 March Board
of Education Meeting of the PATV Open and Education Exchange as well as
continued interest by PATV in special events.
Guitar Tom - Tom N. announced that his program will be a live performance with
the Volunteer Administrator's Network event at Sycamore Mall (12 Noon or so).
Them will be all kinds of volunteer organizations represented at this event.
6. Old business: None:
7. New business: Meeting has been announced for ICTC. It will be at 5:45 PM at
the Clock Tower building above the Cottage on Monday, 22 April 2002.
8. Reports:
Committees - Van Fundraiser goal: John C. indicated plans for promoting this
project. One idea is to initiate a letter to Mediacom to indicate interest.
Out Reach Committee- Sing L. and Tom N. on the Fundraiser Diner Project.
Bylaws Committee - Mike P. Bylaws Committee came up with some general
recommendations, but finalization is not done. Discussion of ideas follows
generally to 'get some sense of what the Board wants' concerning the write-up of
these recommendations. One item explained by Phil P. is that Roberts Rules of
Order says that if the Chairperson is to be an ex-officio member of all standing
committees with the right to attend but not the obligation, then it must be stated in
the Bylaws as such. Tom N. indicated that it might be functional for the
Chairperson to be able to fill in on some smaller committees at times. Mike P.
mentioned cleadng up the terminology concerning term-limits policy. Phil P.
mentioned it might be good to state more dearly the policy and purpose terms
which are available otherwise in the handbook but not in the Bylaws to
everybody. Mike P. mentioned that the terms in the 'initial board members"
includes 12 persons with three ex-officio non-voting members representing {he
Public Library, City and ICTC. Since the initial phase is over, this language in the
Board Membership is old and needs to be cleared up. And if this is deemed
changing the make-up of the Board, then it must be voted upon at a meeting by
all membership in good standing so there comes the task of determining the
definitions therewith. Phil P. suggested in some cases precedent does become
law, but probably to clear up language of Board Membership will need a vote by
the membership. Mike P. suggested as we grow in this studio the issues of mass
communications in our business operations need to be termed differently. The
technology is changing and so all terms defined only to Cable TV channel
production will eventually become obsolete..Items such as Web Page, Dot. Com
and Satellite are not at all mentioned in the organization but as time goes on
these media technology issues will evolve into something we must address.
Treasurer Committee - Typical reports on our records this time, nothing is
unusual for this meeting to address.
Management Report - concerning financial statements - There should be a
fundraissr meeting soon. It would be a good time right now for that. The costs of
the move have been completed. We could rebuild our financial cushion at this
time. Our Commercial Policy Insurance went up in price. If general liability and
other issues are covered elsewhere and if the building insurance is sufficient, are
we over-insured? Mike P. agrees to look into issues of how much is enough in
terms of insurance policy and costs for the same for the next meeting.
Also, you have the last Staff Meeting Minutes. Provided also is an Iowa Shares
Newsletter. There is a fundraiser coming with a Silent Art Auction, and the
Manager has ten 20 dollar tickets to sell if anyone knows someone wanting to
attend and bid. We received some media attention lately with KXIC coverage of
the Open House. The Manager spoke to the Optimist's Group for a project to sst
up a summer youth program supporting IMAC Editing/Production Studio. One
item of concem is that the University is discontinuing coverage of PATV
programming on the channel selection on campus in July.
9. Adjournment: Movement to adjourn was made by John C. and seconded by
Jack F. and was unanimous at 8:30 pm.
Submitted by Steve Newell, Secretary