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April 24, 2018

Legislative Resources

Iowa’s commercial construction industry employs thousands of Iowans, pays millions in taxes to federal, state and local governments and is a key element to sustainable economic growth for our state. With such credentials, you might wonder why would policy-makers want to burden the construction industry with far reaching employment and environmental regulations and stymie growth opportunities for the industry by dictating decisions traditionally left to a company’s management team. Your guess is as good as ours. To effectively counter the anti-business and anti-construction forces at the Iowa Capitol, MBI utilizes a lobbying team and consults with many construction legal experts. Though a tremendous amount of resources goes into MBI’s public affairs program, it pales in comparison to the money spent by groups targeting Iowa’s commercial construction industry. Likewise, the same environment exists at the federal level in which the Associated General Contractors of America works tirelessly to protect and promote the construction industry.

This Legislative Resources page will offer you an expanded view of various sources of public affairs information that will give you a better appreciation of MBI’s public affairs efforts.

Message from MBI Public Affairs Committee
Ask yourself, “Where would Iowa’s construction industry be without MBI?”  The answer, we believe, would be somewhat frightening.  Without MBI’s advocacy at the Iowa Capitol, our industry would be rife with onerous regulations and left to the whims of non-competitive forces.  On the private-sector side of the construction business, MBI advocates for common sense laws and regulations that create a favorable business environment for Iowa contractors and businesses.  Likewise, in the public sector, MBI strives for policies that promote fair competition.  This is good for the construction industry as well as the public owner. But most importantly, MBI’s efforts in keeping the public procurement process based on sound policy are good for the Iowa taxpayer.


2017 Legislative Summary

The focus of the public affairs program of the Master Builders of Iowa is derived from our Mission Statement, which reads:

 “The essential resource for improving member performance and promoting a business environment favorable to the construction industry.”

With our Mission Statement as a guide, MBI’s lobbying efforts maintained a constant presence at the Iowa Capitol each and every day during the 2017 Legislative Session.  MBI’s lobbyists saw nearly 1,000 different pieces of legislation being introduced and took time to review every bill to see what sort of impact, if any, each would have on the commercial construction industry in Iowa.  MBI also participated in multiple committee and subcommittee meetings, often adding the “construction industry’s perspective” to the debate. 

Elections have consequences and this fact became very apparent going into the 2017 legislative session.  With Republicans maintaining control of the Iowa House and taking a majority in the Iowa Senate, new opportunities (and new challenges) were presented from a public policy perspective.  The Republicans control the House (59-41), the Senate (29-20-1) and the governor’s office, which made MBI’s policy priorities take on a different perspective and allowed the lobbying team to focus on issues that traditionally have not moved under a split control legislature. 

Below is a summary of just a few of our lobbying efforts and accomplishments from the 2017 Legislative Session. 


Reduction in the Statute of Repose

With the Governor’s signature on April 13, 2017, Iowa’s longest in the nation statute of repose was reduced from 15 years to 8 years for commercial construction.  MBI has been working to reduce the statute of repose on improvements to real property for the last seven years. We’ve had some success in each of those years, but invariably our efforts would stall due to the pressure that the Trial Lawyers and the Iowa State Bar Association would apply in the Iowa Senate.  However, with a new Republican majority in the Senate and a Republican House and Governor, our chances were greatly improved this year as we found that the House and Senate leadership was much more sympathetic to the plight of the constructor. 

With the passage of Senate File 413 and the Governor’s signature, all contracts entered into on or after July 1, 2017, will have the newly reformed repose parameters.  It is important to note, contracts entered into prior to July 1, 2017, will in all likelihood remain under the 15 year repose period.

Prohibition on Government Mandated Project Labor Agreements (PLAs)

MBI has long advocated for a prohibition on government-mandated PLAs and disqualification policies in the area of competitive bidding on publicly-financed improvements.  MBI’s history with PLAs has come full circle, starting with MBI suing Polk County in 2002 alleging the illegal aspects of the Iowa Events Center PLA.  Unfortunately, the Iowa Supreme Court ruled that under the laws of Iowa at the time of the lawsuit, PLAs were legal.  With the signing of Senate File 438, Iowa law will leave little doubt that PLAs are no longer an option on public projects.

With the signing of Senate File 438, Governor Branstad codified his Executive Order #69, which was issued on the same day of his inauguration in January of 2011. The new law does the following:

  1. Prohibits a public owner from entering into a government mandated project labor agreement (PLA)
  2. Prohibits a public owner from creating any sort of ordinance or rule that would require an interested bidder, as a condition of bidding, to submit a questionnaire that would divulge proprietary and / or confidential information.

Workers’ Compensation Reforms

MBI was part of a very large contingency of interest groups who were focused on the passage of House File 518, which would institute major reforms to Iowa’s workers’ compensation laws.  The bill was signed into law by Governor Branstad on March 30, 2017. 

Traditionally, Iowa has been able to strike the balance of granting injured workers some of the best benefits in the Midwest, while keeping premiums at - by comparison - very low levels.  However, over the last decade this ratio has gotten out of balance.  In 2006, Iowa's worker's compensation premiums were the 45th lowest in the country.  By 2016, Iowa's costs had risen to 24th.  Costs have increased tremendously due to recent decisions (both legal and administrative) that have jeopardized Iowa's position in relation to other surrounding states.

Preventing Infrastructure Funds from Being Diverted to Water Quality Cost-Share

MBI remained diligent in its efforts to prevent designated vertical infrastructure funds from being diverted for conservation and water quality cost-share programs.  There were numerous House and Senate proposals being pushed by ag groups and environmental advocates that would have scooped over $135 million from the Rebuild Iowa Infrastructure Fund (RIIF) in the next 9 years.  Though water quality cost-share was one of the last pieces of legislation debated this year, the Legislature adjourned without taking any actions.   Hence, vertical infrastructure funds were protected for now.  It is expected that there will be another push for water quality in 2018 and MBI will monitor developments closely as it pertains to the RIIF fund. 


Links of Interest

 

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