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Limits on lawsuits among new laws going into effect Saturday

Jun. 29, 2017 8:35 pm, Updated: Aug. 27, 2021 12:22 pm
Laws limiting Iowans' opportunity to sue over medical malpractice, shoddy home construction and stinky livestock facilities take effect Saturday.
Also, Iowans will be able to enjoy a cocktail when they visit Iowa craft liquor distilleries. That's because state legislators agreed that, unlike lawsuits against doctors, contractors and farmers, cocktails are good for economic development.
However, another new law requires that teachers who show up at school or school events under the influence of alcohol will have to be reported to the state Board of Educational Examiners.
Also going into effect is Senate File 51, which expands infant screening in cases when a newborn has hearing loss. The bill would require a baby be tested for congenital cytomegalovirus (CMV) before the child is 21 days old. CMV can cause serious health problems for people with weakened immune systems, as well as babies infected with the virus before they are born.
These are among the 174 bills approved by Iowa lawmakers during the 2017 session. Several major pieces of legislations - legalizing fireworks, banning abortions after the 20th week of pregnancy, expanding gun rights, nullifying local minimum wage rates and the use of medical cannabis - went into effect when they were passed and signed by the governor.
Among the most significant laws going into effect Saturday is a hotly debated law that reduces workers' compensation as part of majority Republicans' efforts to improve the state's business environment.
House File 518 will cut the amount of benefits and limit eligibility for benefits, according to the Legislative Services Agency analysis.
The full impact HF 516, the 'voter integrity” bill, likely will be felt in 2018 when voters head to the polls to elect a governor and state and federal lawmakers. The law requires Iowans to show government-issued IDs to vote. It also reduces the length of the absentee voting period before Election Day from 40 days to 29.
Passage of SF 465 will limit medical malpractice lawsuits by capping awards for pain and suffering and other non-economic damages at $250,000, screening out frivolous lawsuits by requiring a certificate of merit and establishing standards for expert testimony.
Changes in the 'statute of repose” law limit the time homeowners have to sue over construction defects. That will lower construction costs, according to supporters of SF 413.
SF 447 will allow farmers to present an affirmative defense if sued by neighbors who claim odors or other aspects of an animal feeding operation is a public nuisance and interferes with their enjoyment of life.
Iowa craft distillers will be able to offer visitors cocktails at their manufacturing facilities as a result of HF 607. The change puts distilleries on a level playing field with wineries and breweries, proponents said.
Some parts of HF 291 went into effect upon enactment, but the full rollback of public employee collective bargaining will begin Saturday. Most negotiations will be limited to wages and union dues will no longer be a payroll deduction. Wage increases won through arbitration would be limited to 3 percent or the increase in the consumer price index, whichever is lower.
Other laws going into effect
Business
Establish first-time homebuyer savings accounts (SF426)
Expand private-sector employee drug testing to include hair samples (SF32)
Allow electrical work on farm without permit or inspection (SF357)
Strengthen re-employment protections for Iowa National Guard soldiers (SF373)
Courts
Establish civil damages for physical/emotional distress from abortion (SF471)
Shift burden of proof/make other changes to civil asset forfeiture (SF446)
Enhance parental rights termination for safety/security concerns (SF275)
Change the rules for Iowans who file asbestos-related lawsuits (SF376)
Provide landowner immunity for injury to a trespasser (SF260)
Modify process for jury selection master lists (SF466)
Declare child in need of assistance in drug-related situations (HF543)
Enact sentencing reforms dealing with mandatory minimum terms (HF579)
Government/Taxes
Require job impact statement for administrative rules (SF1)
Ban mandated project labor agreements for public construction projects (SF438)
Strike future repeal of the property assessment appeal board (HF478)
Eliminate Iowa emergency response commission (SF351)
Increase health insurance premiums for legislators (SF230)
Classify Palmer amaranth 'super weed” as a noxious weed (HF410)
Change statute of repose for property improvements (SF413)
Allows two of five soil conservation commissions to reside in same township (HF469)
Require job impact statement for administrative rules (SF1)
Authorize primary road fund moneys for county/city transportation projects (HF203)
Require job impact statement for administrative rules (SF1)
Allow the consolidation of election precincts (HF471)
Increase funding for workforce housing incentives (SF488)
Eliminate child health care provision on Iowa income tax return (SF495)
End election campaign income tax checkoff (HF242)
Public Health
Protect doctors who use alternative treatments to treat Lyme's disease (HF577)
Equalize how counties pay for regionalized mental health services (SF504)
Shield state/county fairs from damages for pathogen transmissions (SF362)
Allow 'right-to-try” medical treatments for terminally ill patients (SF404)
Require licensing of genetic counselors (HF444)
Create a step therapy override (HF233)
Require insurance companies to cover autism spectrum disorder treatment for minors (HF215)
Allow voluntary exclusion from entering an Iowa-licensed casino (SF442)
Public Safety
Ban government entities from installing video/audio monitoring devices in public bathrooms (SF499)
Enhance criminal penalties for using GPS to stalk/harass (HF263)
Expand theft statute to include rental property (SF403)
Create harassment crime for so-called 'revenge porn” situations (HF526)
Allow unattended vehicles to be left with motor running (HF312)
Protect utilities' critical infrastructure from cyber-attacks (HF445)
Expand public disclosure of fatal/near-fatal child abuse cases (HF545)
Authorize DOT officers to issue traffic citations (HF463)
Allow drivers to make double turns against red lights (HF372)
Make confidential peace officer's personnel records (SF445)
Allow city council members to serve as volunteer firefighters (HF264)
Require vehicles involved in minor accidents to be removed from roadway (HF313)
Extend maximum length for single trucks on highway to 41 feet (HF218)
Increase simple misdemeanor trespassing fine (HF69)
Restrict access to insurance proceeds for convicted felons (SF467)
Recreation
Set parameters for bass fishing tournaments in public waters (SF257)
Allow ATV trails to cross highways (HF464)
Allow use of straight wall cartridge rifles for deer hunting (HF475)
Bar state restrictions for hunting on private property (SF258)
Schools
Give schools more funding flexibility (HF564/HF565)
Give schools limited home rule authority like cities/counties (HF573)
Enhance crime of sexual exploitation by a school employee (SF238)
Adopt computer science education standards for schools (SF274)
Move school board elections from September to same November date of city elections (HF566)
Allow certified peace officer to carry weapon on school grounds (HF517)
Remove $6,000 limit on tuition grants (SF349)
Issue high school equivalency diploma based on demonstrated competence in core areas (HF473)
Alter assessment of student progress on core indicators (SF240)
The dome of the State Capitol building in Des Moines is shown on Tuesday, January 13, 2015. (Adam Wesley/The Gazette)