Iowa s Disability Policy Resource The People s Capitol This legislative session continues to be one for the history books. Thousands of Iowa workers and union members crowded into the Capitol to oppose changes to labor laws, with lines wrapping around the Capitol for public hearings and debates. There were more committee hearings on the defunding Planned Parenthood bill, flooding the Capitol with pink-clad opponents and black-clothed supporters. On Thursday (February 16), more than 25,000 Iowans gathered at the steps of the State Capitol for the Day Without Immigrants Boycott to oppose anti-immigrant legislation. Crowds appear to be the new normal at Iowa s State Capitol. State troopers and cameras are stationed around the Capitol to make sure the crowds remain respectful. The Capitol has never been more chaotic, crowded, or loud. But crowds aren t the only thing different about this session. New Senate leaders broke from tradition this year by cutting off the 30-hour non-stop debate over collective bargaining (labor legislation). The Senate has always allowed unlimited debate on bills; it s not a rule, but what is called a courtesy. Since leaders broke from this tradition, Senate Democrats asked for a rare call of the Senate. This locks the doors of the Senate, and Senators are not allowed to leave. State troopers are sent out to get any Senators not in the building. Lets just say it s a big deal. If there is a theme appearing in the 2017 legislative session - expect the unexpected comes to mind. February 17 marks the end of the 6th week of session, which is close to hte halfway point. So far the Iowa Legislature has: Passed a bill cutting $117 million out of the current state budget. Passed 1.1% school funding increase for next year....continued on page 2 In this Issue 2 Voter ID Bills in 2017 3 Guest Editorial: Secretary of State s Election Integrity 4 Iowa Able Plan Goes Live 4 Public Forums 5 Advocating Change Day 2017 5 Bill Tracker 2017 Issue #3 February 18, 2017
The People s Capitol (continued from page 1) Passed major labor reforms to limit public employee collective bargaining. Started the process to defund planned parenthood (the bill is in the House now). With only two weeks to go unti the first deadline, legislators say they still need to pass several priorities out of committee, some of which have not yet been drafted. These include Voter ID, limits on pain and suffering in medical malpractice claims, local government minimum wage bans (called pre-emption - this stops cities and counties from setting minimum wages higher than the state minimum wage), and gun rights legislation. That s a heavy lift for two weeks, and many people think that other issues won t get the attention (and time) needed to pass this year. Many want to discuss medical marijuana expansion (new poll shows 80% of Iowans support), and legalizing fantasy sports betting and fireworks. The next two weeks will decide what issues continue to get attention, and which will have to be set aside for next year. All bills need to be voted out of committee by Friday, March 3, 2016. This is called the first funnel deadline. If bills are not voted out of committee in the next two weeks, they are considered dead for the year. But remember that your lawmakers can always bring them back to life by making them an amendment to another bill. Where there is a will...there is a way. Voter ID Bills in 2017 Republican leaders in the Iowa Legislature say they want to pass a Voter ID bill in 2017, but they have not yet decided what that bill will look like. Supporters of voter ID bills say they want to make sure our election systems are secure; those against say there have not been problems and requiring IDs only makes it more difficult for some people to vote. We know that Iowans with disabilities face a number of barriers when it comes to voting, and requiring IDs adds another to that list. Iowans are fortunate to have many ways to vote, and our election system is widely viewed as one of the best in the country. On top of that, our state has seen only a few incidents of voter fraud, most of which would not have been fixed by showing an ID. This year legislators will need to balance their hope to guard against voter fraud with the need to keep voting simple and accessible. There are a number of bills that have been introduced to date, including what some consider to be a "middle ground" approach offered by the Secretary of State Paul Pate. You can read more about Secretray Pate's legislation in the next article, but here is a quick review of the bills out there now: Senate File 47, which was introduced by Sen. Brad Zaun, requires all voters to show a governmentissued photo ID in order to vote in person. Hospitalized voters or voters living in a long-term care facility who apply to vote by absentee ballot must also show an ID. The Secretary of State's "Election Integrity Act" (which includes voter ID requirements) is House Study Bill 93. It does not require a photo ID, but does require a voter to show proof of identity at the polls. The voter can either use his/her Iowa driver's license or non-operator's ID card, or can show a free voter registration card that will be given automatically to any voter that does not have a current driver's license or ID card. This voter registration card will not have a photo, but will have a bar code that can be easily scanned at the polls. This number will also be used when requesting an absentee ballot. You can read more about this issue at www.infonetiowa.org/voter-id/. There are many other things included in this bill - requiring post-election audits to make sure vote totals are accurate and election laws were followed, requiring counties to use electronic poll books (so pollworkers can swipe ID cards and improving voting process), establishing deadlines for groups to submit voter registration cards, and more. This bill has been assigned to the House State Government Committee, and a five-member subcommittee of Rep. Ken Rizer (Chair), Rep. Kevin Koester, Rep. Lee Hein, Rep. Vicki Lensing, and Rep. Cindy Winckler. Other bills addressing voting include: House File 150 eliminates same-day voter registration....continued on page 3 2017 Issue #3 February 18, 2017 Page 2
Voter ID Bills in 2017 (continued from page 2) Senate File 60 eliminates the ability to check one box to vote for all members of the same party. Senate File 61, House File 167, and House File 201 allow 17-year olds to register and vote in a primary if they will be 18 years old by the general election. House File 56 allows a voter to register to vote at the age of 16, so that they can do that at the time of getting their drivers license (but not vote until 18). HF 55 allows voters to request absenttee ballots from a website. HF 78 and HF 247 allow a person to request a permanent absentee ballot (right now must ask for each election). Both sides of the debate agree on one thing: voting is one of our most important rights. One side wants to protect it against anyone who might want to rig our election system or commit voter fraud; the other side wants to keep it simple so that voters do not have to jump through extra hoops to exercise their constitutional right. 1 in 6 eligible Iowa voters has a disability. The number of eligible voters with disabilities is growing faster than the number of eligible voters without disabilities, according to a Rutgers study. People with disabilities vote at much lower rates than people without disabilities - that gap is about 12% (or 3 million voters nationally). Absentee ballots are often proposed as a way to lessen this gap, but the same Rutgers study found that the majority of voters with disabilities said they would rather vote in person. GUEST EDITORIAL: Secretary of State s Election Integrity Bill By Iowa Secretary of State Paul Pate Thank you for the opportunity to provide more information regarding my Election Integrity Act proposal. My office conducted extensive outreach to Iowans with disabilities preceding the 2016 general election to help you understand the resources available to make voting easier. We will continue that important work in the future. I understand that Iowans with disabilities have some concerns about how this legislation might affect them. Let me assure you: Nothing will prevent eligible Iowans from casting ballots. My proposal is based largely on improving our election technology, by instituting electronic poll books in every precinct. It also calls for a Voter Identification system, to ensure the integrity of the vote. To cast a ballot at the polling place, voters will need to show a driver s license, state-issued nondriver s ID, military ID or passport. For any registered voter that does not already have one of those forms of identification, we will mail you a Voter ID card, automatically, for free. Obtaining this card does not require any extra effort by the voter. We will match the voter registration database with the Iowa Department of Transportation s database. Any registered voter who is not in the Iowa DOT database receives a free card in the mail. This applies to newly registered voters as well. When you go to vote at the polls, simply provide that card to the poll worker, the poll worker will scan the card, your information will appear on their computer, and you will be ready to vote. I firmly believe this proposal will make the voting process at the polls simpler and more streamlined. When requesting an absentee ballot, you will simply include your voter ID number to the request form. The voter ID number will come from your driver s license, your state ID, or the new voter ID that will be issued by the Secretary of State. This will ensure that you are the only person who can request your absentee ballot. Additionally, our outreach and educational efforts to explain this program will be extensive. Myself and members of my staff will visit with Iowans across the state to explain this process. We will particularly focus heavily on Iowans with disabilities to ensure they are well informed about this initiative....continued on page 4 2017 Issue #3 February 18, 2017 Page 3
GUEST EDITORIAL (continued from page 3) I want to reinforce the fact that no eligible voter will be turned away, we will provide free Voter ID cards to every Iowan that does not have an official ID, and this does not change the voter registration process at all. That is the message we will deliver to every Iowa voter, so that they know it is easy to vote, but hard to cheat in Iowa. The views expressed in this editorial are not those of ID Action or the Iowa Developmental Disabilities Council, but are provided so that you can understand all perspectives on this issue. ABOUT OUR GUEST WRITER: Paul Pate has served as Secretary of State twice (1995-1998; 2015-present). Secretary Pate was recently elected to the Executive Board of the National Association of Secretaries of State and serves as the vice-president for the Midwestern Region. Iowa Able Plan Goes Live Last week, State Treasurer Michael Fitzgerald launched IAble, a new savings plan for Iowans who want to help a family member or friend with a disability save money, without impacting state and federal benefits. Signed into Iowa law in 2015, IAble gives families the opportunity to plan for the future well-being of a loved one with a disability without the risk of losing their eligibility for certain assistance programs, like SSI and Medicaid. To keep costs low and give savers several options, Iowa is partnering with 13 other states in a National Achieving a Better Life Experience (ABLE) Alliance. " Through our partnership, we were able to accomplish our goals to make this simple and...easy to understand," said Fitzgerald. "We make it inexpensive. You can start an IAble plan for as little as $25." He adds that families can save up to $14,000 per year for housing, transportation, assistive technology, education and much more. There is an upper limit to each account of $100,000 in total contributions in order to retain SSI benefits. In addition, those contributing to the plans will get a tax break, similar to the College Savings Iowa accounts Fitzgerald s office also manages. Most importantly, these savings accounts won t make the Iowan ineligible for Social Security Disability benefits or Medicaid (which is currently limited to $2,000 in savings). "I have worked hard over the years to help Iowa families save for college through College Savings Iowa. Our new IAble program is a tax-advantaged plan designed to help persons with disabilities and their families save to achieve a better life experience," Fitzgerald said. "My office is pleased to announce that Iowa families can now take advantage of this savings tool to plan for today's expenses or tomorrow's needs." You can begin saving now by creating an account online. Paper applications will be available at a later date. For more information about IAble, call 888-609-8910 or visit IAble.gov. Public Forums The State Capitol isn't the only place where crowds are growing. Legislators are reporting record turnout at their local legislative forums,held on Fridays and Saturdays in their districts. Last year we tracked more than 500 of these events in our calendar. You can see the next three weeks of public forums at www.infonetiowa.org/calendar/events/. There are 47 community forums over the next two weeks currently on our calendar, with more to be added. Forum Tips Get there early. As you may have seen from news stories, legislative forums have been packed. Think about going 15-30 minutes early in order to get a seat. The other added benefit to going early - you may...continued on page 5 2017 Issue #3 February 18, 2017 Page 4
Public Forums (continued from page 4) get a chance to talk with your legislator one-on-one, even if its just to introduce yourself. Bring a business card, or something with your contact information on it. Understand and follow the rules. There are a lot of people, and a lot of controversial issues being discussed. Many forum organizers have decided to issue rules so that things go smoothly and everyone has a chance to ask questions, particularly those from the district. If you don't know the rules, ask. Some forums want you to submit questions, others just call on you. Don't be shy - just ask how questions will be handled Be confident. Remember that your legislator was elected to serve and take input from constituents. This is their job - and they can't help you unless you ask! Be Iowa nice! If you re called on, start by thanking your legislator for attending the forum. Introduce yourself, and maybe say how long you ve lived or worked in the district. Ask them a simple question about an issue you care about. If you aren't sure what to ask, contact some of the organizations you work with to see if they have examples. Even if you and your legislator don t see eye-to-eye on your issue, being polite and respectful will make your legislator much more likely to take the issues and you seriously. Make it personal. A good question for a legislator includes facts (if you have them) and personal stories (the most important) to demonstrate how the issue directly affects you and others in the district. Follow up. Send a quick email to your legislators after the event, thanking them for their time and for answering your question. If they disagreed with you, a polite email gives you another opportunity to raise the issue with them and provide them with more information. Ask them to put you on their email newsletter lists. Bill Tracker Know your stuff! Use our online infonet Bill Tracker to follow bills introduced this legislative session. The following bills were introduced in the last two weeks go to www.infonetiowa.org/news/bill-tracker/ for the full list: Autism Treatment Coverage (HF215): Requires health plans to pay for applied behavior analysis for the treatment of autism spectrum disorder. (House Floor) Step Therapy Protocols (HF233): Allows health plans to use of step therapy ( fail first protocols) for prescription drugs, but allows doctors to override the decisions. (House Floor) Mental Health Advocate Reporting (HF234): Allows a county-appointed mental health advocate to file reports as needed or required by the court. (House Floor) Psychiatric Bed Tracking System (HF257): Requires state mental health institutes to participate in the psychiatric bed tracking system and to report the number of beds available for persons with a co-occurring mental illness and substance abuse disorder. (House Human Resources Committee) Medicaid Eligibility Verification (HF258): Requires DHS to contract with a private company to do Medicaid asset verification and eligiblity determination. (House Human Resources Committee) Health Workforce Recruitment and Retention (HF275 & SF214): Directs the Department of Public Health to coordinate direct care worker recruitment and retention efforts, and convene stakeholders. (House Human Resources Committee) Child Care Facility Licensing (HF277): Exempts pre-school programs for three-year-olds who require special education from child care facility licensing requirements. (House Human Resources Committee) Motorcycle Helmets (HF286): Requires helmets to be worn by those on motorcycles. (House Transportation Committee)...continued on page 6 2017 Issue #3 February 18, 2017 You can be the crowd at the Capitol on Wednesday, April 5, 2017! Join other self-advocates at the State Capitol for Advocating Change Day 2017. The Governor and Lt. Governor have been invited to speak - and advocacy and networking opportunities abound. Register now at http://bit.ly/2ksyybr. Page 5
PO Box 737 Des Moines, IA 50303 [FIRST] [LAST] OR CURRENT RESIDENT [ADDRESS] [CITY], [STATE] [ZIP]-[ZIP4] Representing you in Congress: Sen. Charles Grassley Sen. Joni Ernst Rep. [Representative] Representing you @ State Capitol: Sen. [Name-Senate] Rep. [Name-House] infonet is a free policy resource published by ID Action, with support from the Iowa Developmental Disabilities Council. You can contact us at 866/432-2846 www.idaction.org www.infonetiowa.org. 2017 Issue #3 February 18, 2017 Bill Tracker (continued from page 5) Biological Products (HF305): Allows pharmacists to distribute an interchangeable biological product when an authorized prescriber prescribes a specific biological product. (House Floor) Nurse Aid Training and Testing (HF306): Allows nurse aide training and testing programs provided by or in a nursing facility to be conducted online for continuing education credits. (House Floor) Home Modification Grant Program (HF318 & SF223): Creates a home modification grant program for homeowners who are at least 65 years old, and who have a disability or a progressive chronic condition that requires home modifications (up to $5,000 per grant, annual total of $6 million). (House Human Resources Committee) Mental Health Professional Authorized Actions (HF319): Allows mental health professionals to perform necessary exams and sign documents needed for involuntary and voluntary hospitalizations. Currently only physicians can do this. (House Human Resources Committee) Driver Education Course Requirements (HF325): Limits the time required for driver education laboratory instruction for students with physical or mental disabilities. (House Transportation Committee) Medical Malpractice (HSB105): Caps non-economic damages (pain and suffering) in medical malpractice lawsuits at $250,000. (House Judiciary Committee) Medical Cannabis Act (SF205): Allows a patient with a debilitating medical condition to use medical marijuana with written certification from a health care provider. Establishes a medical advisory council to determine conditions to be included, and allows the licensing of four medical cannabis and 12 medical cannabis dispensaries in Iowa. (Senate Human Resources Committee) Dependent Adult Abuse/Personal Degradation (SSB1099): Includes personal degradation as a form of dependent adult abuse by caretakers in facilities and programs regulated by the department of inspections and appeals. Includes willful acts or statements intended to shame, degrade, humiliate, or otherwise harm the dependent adult s personal dignity. (Senate Human Resources)