Iowa Politics Today: Farm nuisance law, registering before 18, and the consequences of crashing while on your cell phone

A roundup of legislative and Capitol news items of interest for Wednesday, Feb. 22, 2017:

REGISTER YOUNG: Iowans could register to vote at age 17, six months younger than current law allows, under a law moved forward by a House State Government subcommittee. HF 167 also would allow a voter not yet 18 to vote in a primary election if the voter will be 18 by the time of the respective general election.

IMPAIRED DRIVING:

A bill to make it a Class C felony if a driver strikes and kills someone while using a cellphone advanced in the Iowa House Wednesday, but lawmakers said they are still considering changes to improve the bill.

By a 17-3 vote, the House Judiciary Committee moved the bill to the House floor. However, floor manager Rep Zach Nunn, R-Bondurant, said he received at least 18 proposed amendments

Rep. Mary Wolfe, D-Clinton, supported the intent of HSB 109,

But because it is a complicated piece of legislation and because she hasn't seen the amendments, voted against it.

'Hopefully, the amendments will make this an even better bill,” she said.

In addition to increasing the penalty for using a handheld communication device while driving, the bill creates a 24/7 monitoring program for people convicted of OWI that would require them to be tested twice a day for alcohol use and requires some people convicted of drunken driving to blow into an ignition interlock device before starting their vehicle.

Similar measures in South Dakota have dramatically reduced repeat offenses, Nunn said.

FARM NUISANCE SUITS: A House Agriculture subcommittee has advanced HSB 134, despite suggestions that the legislation is unconstitutional.

The bill creates an affirmative defense for livestock producers to raise if someone sues them claiming the operation is a nuisance that interferes with the plaintiff's 'comfortable use and enjoyment of life or property.”

William Wimmer of the Association for Justice and others raised the constitutional issue. He also opposed the non-reciprocal loser pays provisions of the bill. If plaintiffs prevail, he said, they should be able to recover attorney's fees just as producers could if they prevail.

Eldon McAfee, an attorney representing the Iowa Pork Producers and Cattlemen's associations, said the bill tries encourages responsible livestock production by requiring that producers use 'reasonable” practices in order to use the affirmative defense.

Jeff Boeyink of Coalition to Protect the Rural Economy pointed out that livestock production a 'big business” in Iowa. It accounts $38 billion a year business, with $10 billion of labor income from 160,000 jobs. It has benefited from a stable regulatory environment, but nuisance lawsuits are creating instability and making it hard for producers to afford insurance coverage.

'What we're trying to do here is thread the needle on constitutionality by limited protections to those who are good actors,” he said.

Rep. Dennis Cohoon D-Burlington, did not sign off on the bill because of concerns raised by constituents.

Reps. Chip Baltimore, R-Boone, and Ross Paustian, R-Walcott, signed the bill to send it to the full committee.

LIGHTS OUT: More than two dozen bike riders told a House Transportation subcommittee they support a bicycle safety bill, but not a provision that would require daytime lights.

'We're solid behind the rest of the bill,” Roger White of Cedar Valley Cyclists after the hearing on HSB 130. 'We encourage you to amend that out. It's a really, really good bill without that provisions.”

Using a front light during the day would drain their batteries leaving bicyclists literally in the dark when the sun sets, several speakers said. Also, they said there's no evidence a front, white light during daylight hours enhances safety.

The riders like provisions in the law requiring motorists to change lanes to pass bicyclists. That doesn't apply of the bike is operating on the shoulder or in a designated bike lane.

Subcommittee Chairman John Wills, R-Spirit Lake, said he wants to continue the discussion, but was unsure of its future.

FETUS TISSUE CHANGE:

The Senate Human Resources Committee approved a bill Wednesday making it a state crime to acquire, provide, receive or otherwise traffic in fetal body parts outside some limited research purposes. Violation of the provisions of Senate File 52 would constitute a Class C felony punishable by a prison term of up to 10 years and a fine of at least $1,000 but not more than $10,000. Before passing the bill with one opposing vote, senators approved an amendment that 'grandfathered” in all existing cell lines held by research universities before Jan. 1 and made other limited provisions for tissue donations and research activities. Sen. Jake Chapman, R-Adel, called the bill a good balance of recognizing the research aspects while making sure no one in Iowa will be 'profiteering from the sale of aborted babies.” Sen. Joe Bolkcom, D-Iowa City, the lone no vote, said the legislation was unnecessary because federal law already prohibits the sale of fetal tissue. The bill now moves to the Senate debate calendar for future action.

RIGHT TO TRY TREATMENT:

Senators are taking another shot a passing 'right-to-try” legislation that would make it easier for terminally ill patients to get access to experimental drugs. Senate Study Bill 1115 would permit manufacturers of investigative drugs, biological produces or devices to make them available to eligible patients with terminal illnesses for use as a treatment as long as they provided written informed consent. 'This is something that is probably overdue,” said Sen. Rick Bertrand, R-Sioux City. Under the bill, an eligible patient's physician must acknowledge that the patient's illness is terminal and recommend the patient try an investigative drug, biological product or device. The bill previously passed the Senate but stalled in the House over concerns the bill could have become a vehicle for medical marijuana or 'right to die” amendments, Bertrand said.

E-VERIFY MANDATE:

Thousands of Iowa businesses with more than 25 employees would be required to submit employment documents to the federal government for verification under a bill that cleared a Senate Judiciary subcommittee Wednesday. Sen. Julian Garrett, R-Indianola, said Senate File 172 is needed to aid employers following the law while competitors unfairly are employing undocumented aliens at substandard wages and no benefits. Critics of the bill said it appears to be an unwelcoming, anti-immigrant measure on its face that would push people into a shadow economy and they questioned what problem it sought to fix. John Stineman of the Iowa Chamber Alliance said businesses would prefer to have the issue resolved at the federal level rather than having a patchwork of state regulations that are especially problematic for companies doing business in multiple states. Two employers who use the E-Verify testified that the voluntary federal system is easy to use and effective and Garrett said the legislation was intended to get more of Iowa's nearly 81,000 employers to use the system beyond the 2,649 that currently do. He said the measure was not extended to businesses with fewer than 25 workers because some senators had reservations over that approach.

GUBERNATORIAL APPOINTEES:

The Senate Education Committee, without dissent Wednesday, approved three of Gov. Terry Branstad's appointees for individual confirmation votes by the full Senate before the April 15 deadline. Moving to the Senate calendar for confirmation votes were Michael Richards to the state Board of Regents, Ann Lebo as executive director for the state Board of Educational Examiners and Katherine Schmidt as a member of that same examining board. Gubernatorial nominees must require at least 34 affirmative votes to meet two-thirds threshold for confirmation.

FIREWORKS FEES APPROVED:

A three-member Senate Ways and Means subcommittee gave its stamp of approval Wednesday to a system of fees and other revenue associated with the proposed startup of legalized consumer fireworks sales in Iowa. Senate File 236 would allow licensed retailers in permanent structures or community groups to sell consumer fireworks in permanent structures between June 1 and July 8 and between Dec. 10 and Jan. 3. A similar provision would apply to conforming temporary structures, such as tents, from June 13 through July 8 each year. The measure includes a fee structure for various licensure levels, allows counties or cities that do not want to legalize the expanded sale and use of fireworks to 'opt out” of the new law, and bars the sale or purchase involving anyone under the age of 18 and make a violation punishable by a fine of at least $250. Annual license and wholesaler registration fees would range from $400 up to $1,000 and overall two subcommittee members said it appeared the fee structure would cover the roughly $150,000 cost for two extra full-time workers in the State Fire Marshal's Office to conduct inspections and other oversight. Sen. Janet Petersen, D-Des Moines, opposed the fee structure as inadequate, saying it appeared to her that the state would be spending money to sell fireworks in Iowa. The measure now returns to the Senate debate calendar for further consideration.

QUOTE OF THE DAY: 'It seems to me like more useless bureaucratic paperwork.”

– Sen. Herman Quirmbach, D-Ames, in discussing a Senate GOP priority that passed 50-0 Wednesday to require that every administrative rule proposed by a state agency or department be accompanied by a jobs impact statement.

--Compiled by the Des Moines Bureau