Friday, May 25, 2007
Governor Culver Signed Several Bills Today
(Des Moines) Today, Governor Chet Culver signed several bills into law:
Senate File 304:
- Under current law, the situation regarding hunting and fishing regulations on the Meskwaki settlement is unclear. Under current practice the tribe has regulated hunting and fishing by enrolled tribal members on the settlement while the DNR has regulated the hunting and fishing activities of non-members on the settlement. This bill will allow the Sac and Fox tribe to formulate hunting and fishing regulations for everyone hunting and fishing on the settlement and come to an agreement with the Department of Natural Resources over implementation of such regulations.
Senate File 430:
- This is a bill relating to a civil (not criminal) judgment, decree, or order of a court of a federally recognized Indian tribe. The bill creates new chapter 626D, the “Recognition and Enforcement of Tribal Court Civil Judgments Act.” The Act sets forth procedures for the filing, recognition, and enforcement of tribal court judgments by state courts. Once a tribal court judgment is filed in the state court, it shall be recognized and enforced by state courts unless objected to in a timely manner. If objections are filed in a timely manner, the objecting party must demonstrate certain jurisdictional and due process requirements were not met in the tribal court. Or, the state court may decline to recognize and enforce a tribal court judgment on equitable grounds. New chapter 626D applies to civil judgments, orders, or decrees issued by a tribal court emanating from a cause of action that accrued on or after the effective date of the Act. The bill also amends provisions of section 624.24 (when judgment lien attaches), and chapters 626A (enforcement of foreign judgments) and 626B (uniform foreign money-judgments recognition act) to provide, generally, that the filing of a foreign or tribal judgment shall not create a lien upon any real estate until all challenges, if any, to the foreign or tribal judgment are concluded.
Senate File 558:
- This bill increases the amount of the “wildlife habitat fee” from 8 dollars to 11 dollars. This fee is paid by anyone who obtains a hunting or fur harvester license before they can hunt or trap. Funds generated from these fees are deposited in the state fish and game protection fund and used for habitat development. However, the bill stipulates that funds generated specifically from this increase are to be used only for the “game bird habitat development program”. This program includes two separate accounts for specific purposes and the increased fees will be divided between the two with two dollars of each fee going to the game bird wetlands conservation account and one dollar going to the game bird buffer strip assistance account. The wetlands conservation account is meant to help the state qualify for federal matching funds related to wetlands conservation. The buffer strip account is meant to supplement existing funds and help leverage private and federal dollars to increase private landowners’ participation in conservation programs and increase the game bird hunting available on private lands. This increased fee assessment will improve game bird hunting in Iowa and have a positive impact on economic development.
Senate File 512:
- An Act relating to the regulation of pharmacy benefits managers and making penalties applicable, and providing an effective date.
House File 897:
- This bill establishes statewide licensure and certification of electricians and installers, providing for inspections, establishing fees and providing penalties. The new statewide licensure system supplements current licensure of electricians on a city-by-city basis, permitting electricians to practice on a statewide, as well as local, basis. The bill provides for the creation of an 11 member electrical examining board within the state fire marshal division of the department of public safety. The bill creates an electrician and installer licensing and inspection fund in the state treasury as a separate fund under the control of the board. The bill provides that all licensing, registration, examination, renewal, and inspection fees deposited or paid into the fund are appropriated and made available to the board that the balance shall not revert to the general fund, and that expenditures from the fund shall be approved solely by the board in consultation with the state fire marshal. The bill also provides for an appeal process, and provides suspension, revocation, reprimand, and penalty provisions. Provisions of the bill relating primarily to definitions, the establishment of the electrician examining board, and notification of the fire extinguishing system contractors advisory board to include alarm system contractors and installers, take effect upon enactment. Provisions relating primarily to establishing the various categories of licensure to take effect January 1, 2008. Provisions relating primarily to inspections take effect January 1, 2009.
House File 908:
- This bill relates to the licensing and regulation of plumbers and mechanical professionals, and providing an appropriation and penalties and providing an effective date. The bill supersedes and preempts all licensing requirements of government subdivisions that relate to plumbing, HVAC, refrigeration, or hydronic services. The bill establishes a licensing board to test, license, and discipline persons licensed under the bill. The board is created as part of the Iowa department of public health, which is required to provide staff support for board operations. The 11 member board will be appointed by the Governor and will consist of the DPH Director, commissioner of public safety, one plumbing inspector, one mechanical inspector, a contractor that primarily works in rural areas, individual working as a plumbing contractor and licensed as a master plumber, two individuals licensed as journeyperson mechanical professionals, and two individuals licensed as master mechanical professionals. Licenses come in three categories and vary according to experience: apprentice, journeyperson, and master. Master licensees must present proof of liability insurance as a condition of licensure. The bill limits advertising for plumbing, HVAC, refrigeration, or hydronic services to persons licensed. The bill provides that any violation of the new Code chapter is a simple misdemeanor for a first offense, and a serious misdemeanor for any subsequent offense. This act takes effect July 1, 2008.