Capitol briefs 1-19-2010

A roundup of legislative and Statehouse items of interest for Tuesday, Jan. 19:

MESSAGE RECEIVED: A group of 16 Senate Democrats filed legislation Tuesday to ban test-messaging while driving and assess penalties for violating the proposed statute. Senate File 2056 outlaws using an electronic device – such as a cell phone, personal digital assistant or laptop computer – to write, read or send an electronic message while operating a motor vehicle. The ban would not apply to integrated global positioning or navigational systems and would exempt law officers, emergency vehicle operators or people making 911 emergency calls. The legislation would cover emails, test or instant messaging, and accessing the Internet. Penalties include a $100 fine for a simple misdemeanor violation, a Class D felony of five years of a fine of $750 to $7,500 if the prohibited activity resulted in a serious injury to another person, and a Class C felony of 10 years or a fine from $1,000 to $10,000 for vehicular homicide that results in an unintended death.

EARLY RETIREMENT INCENTIVES: The Senate State Government Committee voted 10-5 to move an early-retirement package to the full Senate for consideration. A consulting firm hired by Gov. Chet Culver estimated the state could save up to $60 million if half of the 2,261 veteran employees eligible for the incentive plan would participate. Retiring employees would be able to retain their state health insurance coverage for five years and be eligible for up to $25,000 to recoup unused vacation or other accrued benefit totaling $1,000 per each year of state employment between 10 and 25 years. Senate Study Bill 3002, which passed committee on a party-line vote, would prohibit employees who take the early-retirement incentive from being rehired as an employee, contractor or consultant.

RESTROOM ACCESS:  Proposed legislation that would have required retail establishments to provide restroom access for certain customers with documented medical conditions will have to wait awhile. A Senate subcommittee decided to table the issue indefinitely, hoping that businesses would do the right thing voluntarily rather than having the government mandate such access. Sen. Swati Dandekar, D-Marion, said she proposed Senate File 2038 at the request of Iowans who deal with Crohn's disease, ulcerative colitis, irritable bowel syndrome or any illness that requires immediate access to a toilet facility. Sen. David Hartsuch, R-Bettendorf, a practicing physician, said he was concerned the proposed bill created a simple misdemeanor for violating the provisions.

ENVIRONMENTAL WISH LIST: The Iowa Environmental Council asked lawmakers to fully fund the Iowa Power Fund and to protect current investments in Iowa's renewable energy technologies, including the state's renewable energy production tax credits. Council director Marian Riggs Gelb also said her groups wants the Legislature this session to enact a statewide ban on burning municipal waste, adopt “smart growth planning principles, implement clean transportation policies – including the expansion of passenger transit and rail service in Iowa and the reduction of miles driven by cars – and enact steps to mitigate flood risks and environmental destruction from floods by expanding protection in 500-year flood zones to restrict new development and redevelopment in those designated areas.

SEAT BELT EXPANSION: Nineteen Senate Democrats have co-sponsored legislation that would require all vehicle passengers under age 18 years to wear a seat belt or a restraint while riding in a moving vehicle. Currently, only children under the age of 11 years are required to be placed in a car seat, restraint or seat belt while being transported in a motor vehicle. Senate File 2055 exempts school buses and motorcycles. Violating the proposed law change would be punishable by a $25 scheduled fine.

WILDLIFE FEEDING BAN: The Iowa Department of Natural Resources is proposing legislation that would ban the feeding of wildlife in many instances in an effort to reduce the possibility of a major disease coming into the state. The proposed ban would include all areas, except within 50 yards of a building permanently occupied by people. The cost of a major disease, such as tuberculosis, coming into Iowa would not only affect wildlife but the state's livestock industry. Disease can be spread at feeding sites where animals congregate through saliva, feces or urine, said Dale Garner, DNR wildlife bureau chief. Bird feeding and wildlife viewing is important to the state's economy, Garner noted, and the proposed ban was a compromise. He said states that have experienced disease outbreaks have said if wildlife feeding is prohibited, it helps prevention efforts.

QUOTE OF THE DAY: “Can you imagine the horror that people have experienced when they have lost their home in a flood and they're starting to do some renovations there and they have some stuff stolen? This is victimization on top of victimization and we have got to do what we can to deter that.” – Sen. Rob Hogg, D-Cedar Rapids, in pushing for Senate Study Bill 3077, which would double fines for misdemeanor and felony theft, burglary and criminal mischief offenses committed in a designated federal or state disaster zone.