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February 12, 2016  |  Week 5 Summary

Future Plans for I-80.
Iowa DOT Seeking Feedback.

IMTA members are encouraged to take a minute to complete the brief survey below.

Interstate 80 which spans 306 miles from the Quad Cities to Council Bluffs, is one of Iowa's busiest roads for cars and truck traffic and the Iowa DOT and other state officials are exploring some major upgrades, including widening the road by adding extra lanes.

In an effort to help them determine what is needed on this busy interstate, Iowa DOT is asking the public for feedback and given the fact that truck traffic, Iowa's trucking industry needs to weigh in on this important topic. In Iowa, the busiest stretch of I-80 average about 36,000 vehicles per day and one third of that traffic is trucks.

Additionally, IMTA leaders will be meeting directly with DOT officials as they work on this plan as well as Iowa's overall freight management plan. Trucks are vitally important to the State of Iowa and IMTA leaders will continue to make this a priority in an effort to ensure that needs of Iowa's trucking industry are met.

Please fill out the survey and IMTA will continue to report on the ongoing developments in these important areas. 



Coupling Bill.
Still a Top Priority & No Resolution Yet!

Over the last several weeks we have continued to closely monitor the coupling issue. This is extremely important to IMTA members and quite frankly, any and every business in Iowa. The Federal tax code allows a deduction of up to $500,000 from their income taxes for investments made in their business. This tax rule helps drive new investment into the business. For years, Iowa has passed the "coupling" which means we join our state tax with the federal tax code. This provides the same deductions on your state tax that the federal government gives on your federal tax.

Throughout  2015, many Iowans assumed that the legislature would continue to couple with the federal government. IMTA members invested in equipment that would help grow their business.  Since the Governor gave the opening speech in January, this issue has become a top concern because at this point...it looks like "coupling" may not happen.   For a business that invested $300,000 on equipment, that would mean a tax increase of over $20,000! 

By Iowa not coupling with the federal government, it would mean an effective tax increase on Iowans of almost $90 million. This issue is a huge priority, especially when it was assumed that the State of Iowa would move forward with "coupling" since we always have in the past.

As was reported two weeks ago, the issue of Iowa coupling section 179 of the internal revenue tax code with the Iowa tax code has passed the House on a wide bipartisan basis.  However, the issue has yet to be taken up in the Senate.

The Senate Democrats appear to have taken the position that since the Governor did not call for coupling in his budget, they are very reluctant to reduce other appropriations in order to offset the $96 million coupling.

Please contact your Senator and the Governor and urge them to concur with the House bill on coupling.


Updates from the Capital.

Employer Mandates Update
IMTA is a member of the Iowa Association of Business and Industry (ABI) and ABI does an excellent job of monitoring the various employer mandates that continually emerge at the Statehouse. These employer mandates are always a big concern to IMTA members and there were several that surfaced this week at the Capitol. Here is a summary provided by ABI:

Wage Payment Bill: SF 398 
SF 398 focuses on increased outreach and investigators in cases of wage payment complaints to Iowa Workforce Development. Each year, ABI has supported legislation that would enhance education and enforcement of wage payment requirements, and this bill speaks to both of those issues. An amendment was offered to the proposal that requires employers to provide information about wages up front, and not just when requested by the labor commissioner. This bill passed out of subcommittee with an amendment and will move to the full Senate Labor and Business Relations committee next week. 

Source: ABI


Last session IMTA strongly opposed legislation addressing what was being called "wage-theft."  The legislation was aimed at companies who were not paying employees what the employees believed they had been promised.  In many cases, the issues centered around restaurant workers where the company was not giving the employees their tips.  Last year's legislation was very problematic to the trucking industry because it would have required proof of wages being paid without taking into consideration of many of the wage issues in the trucking industry which are not customary in other types of employment. Representatives from IMTA met with legislators and explained our concerns.  That legislation died in 2015, but only after passing the Senate.


Wage Discrimination Bill: SSB 3071  
This bill creates new restrictions and requirements related to salary disclosure. 

The bill would:
  • prohibit an employer from inquiring about a worker's current salary
  • prohibit an employer from seeking a potential employee's salary history
  • prohibit an employer from releasing salary information about current and former employees
  • require that employers post a minimum salary to all job listings
  • requires that for any pay differential among protected classes listed in the bill, employers would have to show that there were no alternatives available to the employer
  • establish an equal pay task force.  
Source: ABI


Autism and Eating Disorder Coverage Mandates Bill: SF 2072SF 2019 
On Wednesday, a three-member Senate Commerce subcommittee considered SF 2072, which would require group health insurance policies to provide coverage benefits before the screening, diagnosis, and treatment of autism spectrum disorders. The mandate would apply to employer plans with at least 50 employees, and the maximum annual benefit amount would be $36,000 per person.

Also Wednesday, a Senate Commerce subcommittee considered SF 2019, which would require group health insurance policies to provide coverage benefits for diagnostic assessment and treatment of eating disorders. Both bills passed by the subcommittees and were forwarded to the full Commerce Committee for consideration next week. 

Source: ABI


Ban the Box Bill: SF 84 
A third subcommittee meeting took place late Thursday to discuss an amendment to SF 84. SF 84 prevents employers from asking about a prospective employee's criminal background. After the first meeting proponents of the legislation wanted to enhance the bill. The purpose of the meeting today is to review and take comment on the proposed amendment. The amended bill passed out of subcommittee on a 2-1 vote and was forwarded to the full Judiciary Committee. 

Source: ABI


Pregnancy Accommodations Bill: SF 313 
Three women spoke Wednesday before the Senate Labor and Business Relations Committee in favor of workplace accommodations for pregnant employees. The women were all public employees, two of whom worked for the Polk County Sheriff's Department and one who worked as a firefighter for the city of Clinton. An attorney speaking in favor of the legislation argued that it provides clarity for employees and employers. 

Source: ABI


SF 313 would require employers to provide "reasonable accommodations" for pregnant employees, including job restructuring, providing new or modified equipment, and modifying the employee's work schedule unless it poses an undue hardship to the employer. No action was taken Wednesday, but bill sponsor Sen. Chris Brase (D-Des Moines plans to amend SF 2098 into 313. Labor Committee Chairman Sen. Tony Bisignano (D-Des Moines) plans to move the legislation forward.


Paid Time for Prenatal Care Bill: SF 2097 
Members of an all male subcommittee in the Senate met to discuss mandating at least 40 hours off for employee prenatal visits. This time would be in addition to any sick or paid time off provided by the employer. Furthermore, the employer cannot require the employee to take the sick/paid time before the prenatal time. The bill only applies to employers with more than 50 employees. The bill also allows employees who work any number of hours to receive the paid time off for appointments. ABI spoke in opposition to the bill and expressed specific concern with the applicability to all employees regardless of hours worked and explained the purpose of paid time is to attend medical appointments. The bill passed out of subcommittee 2-1 and is expected to come before the full Senate Labor Committee next week. 

Source: ABI


Tax Credits for Hiring Iowa Contractors Bill: SSB 3095
SSB 3095 allows a portion of high quality job monies to be used as a tax credit for companies that contract with Iowa contractors and subcontractors who have apprenticeship programs to do work on a specific project. This legislation would benefit businesses in Iowa that may not have many new jobs created with a specific project, but will be using Iowa contractors on the job. A company will be required to be eligible for the high quality jobs program to be eligible for the new tax credit. Although the goal of the bill is to support hiring Iowa workers, there is currently nothing in the language that requires the employees live in Iowa.


Prohibition on Questions Regarding Felonies: SF84
SF 84 would prohibit asking potential employees about felony convictions until such time a job offer is to be made.  The legislation has not advanced since the first subcommittee.
 

Increase Speed Limit on State/County Roads: HF 2125 & HF 2126
(HF 2125) On roads currently restricted to a 55 miles per hour speed limit, the limit would be increased to 60 miles per hour.  The legislation has passed the House subcommittee.
 
HF 2126 would increase the speed limit on those same roads to 65 miles per hour.  This legislation has also passed out of subcommittee.
 

Notice of Drug Testing: HF 2050
HF 2050 would prohibit Department of Human Services from giving an advance notice of drug testing.  No action on the bill.

 
Passing Bicycles: SF 2076
SF 2076 has, in one form or another, been around the past several years.  The bill requires a motorist overtaking a bicycle to move to the opposite side of the road until it has clearly passed.  The bill has passed subcommittee.
 

Driving in the Left Lane: HF 155
HF 155 would prohibit a driver from driving in the left lane at a speed of 10 miles per hour or more under the posted limit.
 

Headlights During Inclement Weather HF 2019
HF 2019 would require headlights to be on at all time during inclement weather.  No action thus far.


Funnel Week.
Next Week.

The legislative process is set up on two year cycles, which matches the election cycles, so 2015 and 2016 are in the same legislative session. Which means that bills previously introduced are still able to be consider this year, but after this year bills that do not make it through the process will have to start all over next year. This brings us to the next calendar event which is the first funnel date, which is next Friday, February 19th. For a bill to stay alive it has to make it out of one of the Standing Committees, either in the House or the Senate. Appropriations and tax bills are not subject to funnel dates. 


FMCSA is seeking to establish new methods for determining a carrier's "fitness" to operate, based on their CSA violation history. This proposed rule would change the process from the current method of rating a carrier based on an "on-site compliance review" to rating a carrier based on their CSA scores history. If implemented, a carrier could be considered "Unfit" to continue operation, based on their CSA scores. The proposed process would, in effect, subject a carrier's history to being reviewed by FMCSA on a monthly basis, and their rating could be subject to change on a monthly basis.

We are looking for feedback from the membership....what do you think of this PROPOSED rule? Please answer this brief survey


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