November 19, 2021
OSHA Suspends Activities to Implement and Regulate ETS As Required by a Stay From the Fifth Circuit Court of Appeals
As required by the stay issued by the U.S. Fifth Circuit Court of Appeals, the Occupational Safety and Health Administration (OSHA) has suspended its activities to implement and regulate its Emergency Temporary Standard (ETS) for the COVID-19 vaccine and testing requirements for large employers (with 100 employees or more).

A description of these events is available from The Hill.  

Iowa businesses should view this as a pause in OSHA activity and continue preparing for compliance with the OSHA ETS. Arguments on the merits of the case brought by those challenging the OSHA ETS have yet to be heard. A description of the path ahead is explained below.

Sixth Circuit Court Wins Lottery to Hear OSHA ETS Vaccine Mandate Case

This Tuesday, the U.S. Sixth Circuit Court of Appeals won a lottery to hear consolidated challenges to the OSHA ETS recently issued regarding vaccine mandates or testing for large employers (with 100 employees or more). The circuit is composed of 16 judges, 11 of whom were appointed by Republicans. As stated above, the Fifth Circuit had previously prevented the OSHA ETS from going into effect by issuing a stay of the rule.

The case will go to a panel of three judges on the Sixth Circuit and could go to the full Circuit following a likely appeal from interested parties. There is a strong likelihood that the U.S. Supreme Court will ultimately decide the fate of the rule.

JD Davis and Brad Hartkopf from ABI's public policy team discuss what businesses should do in light of the developments to the federal vaccine mandate.

ABI staff is working to keep our members up to speed on the latest concerning this important issue. ABI has made several resources available on this topic here.
Axne to Seek Re-election to the U.S. House
Congresswoman Cindy Axne announced earlier this week she plans to run for a third term in the U.S. House next November. Axne, an incumbent Democrat from West Des Moines, currently represents Iowa’s 3rd District in the lower chamber. Following redistricting, she remains in the same district. Before the announcement, the Congresswoman had been contemplating whether to run for re-election or switch to run for Governor. The composition of the new 3rd District contains 21 counties, including Polk, Dallas and a number of rural counties in the southwestern and southern tiers of Iowa. A number of candidates are seeking the Republican nomination to challenge Axne, including State Sen. Zach Nunn and former State Rep. Mary Ann Hanusa. This will be a highly coveted seat for both parties in 2022.
Governor Reynolds Marks Victory in Federal Court Regarding Autonomy of Iowa’s Tax Cutting Authority
During the COVID-19 pandemic, Iowa Governor Kim Reynolds twice supplemented the Iowa Unemployment Trust Fund (IUTF) with federal dollars sent to the state to help deal with the fiscal impact of responding to the virus. It may be of interest for ABI members to learn that as a precaution, Iowa was compelled to seek permission to use the funds in this manner. Since placing funds in the IUTF might have had the effect of preventing an unemployment tax increase on Iowa’s employers, the action may have run afoul of a prohibition on using the dollars to lower the tax burden in the states.

Reynolds, representing Iowa, and parties from twelve other states prevailed in federal court this week, with the court rejecting the federal prohibition and allowing well-managed states like Iowa to continue in their fiscal management free of adapting taxing and spending policies proscribed from Washington, D.C. For a press release celebrating the legal victory, click here.
Republicans Select Nominee for Upcoming Special Election in SD1
Last Thursday, Dave Rowley won a special nominating convention to be the Republican nominee for a special election to fill the seat of former State Sen. Zach Whiting. The seat in Senate District 1 is currently vacant due to Whiting’s recent resignation to take a position with the Texas Public Policy Foundation. Rowley, who lives in Spirit Lake, is an insurance agent and former Dickinson County GOP Chair. The election will be held on December 14th. SD1 lies in the northwest corner of Iowa, which is a stronghold for the GOP.
Iowa Energy Center Seeks to Create Awareness of New Energy Infrastructure Loan Program
This week, representatives at the Energy Office within the Iowa Economic Development Authority contacted ABI public policy staff to alert them to legislative changes that make ABI members eligible for the Energy Infrastructure Revolving Loan Program. One of the functions of the Energy Office is to administer energy loan and grant programs. Energy Office representatives hope the loan program will be a good fit for some ABI members. For details of the program, go here. For help navigating the loan process and interacting with the Energy Office, contact JD Davis.
FEDERAL SPOTLIGHT
ABI Adds Name to Letter Opposing Build Back Better Act
The Iowa Association of Business and Industry (ABI) has included its name on a letter addressed to members of Congress encouraging them to oppose the Build Back Better Act or the reconciliation package set to be debated and possibly voted upon this week. The U.S. Chamber of Commerce is spearheading the letter. The letter notes that passage of the bill will increase near-term inflationary pressures, enact tax hikes on corporations, increase energy costs and overturn several decades of labor law by enacting bankruptcy-inducing civil penalties against employers that currently don’t exist. Should the bill pass the U.S. House, it will head to the U.S. Senate where its fate is unknown. Moderate Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona will both play extraordinary roles in determining whether the bill passes the upper chamber. Both have publicly stated they have a number of concerns with the measure.
ABI UPDATE
Welcome New ABI Members!

Click the names of our new members to visit their websites.



The ABI offices will be closed Thursday and Friday, November 25th and 26th, while employees observe the Thanksgiving holiday with their families.

The next ABI newsletter will be sent on Friday, December 3rd.
FOUNDATION UPDATE
LI Connect Event Explores The Cost of Agriculture

Leadership Iowa hosted another virtual event in its LI CONNECT series this week on “The Cost of Agriculture.” Dale Vander Berg (LI ‘15-16; President of Peoples Bank, Sioux Center) provided a high-level ‘by-the-numbers’ overview of ag costs in Iowa and insight into why consumers may be seeing higher food costs in Iowa. Sally Worley (LI ‘17-18; Executive Director of Practical Farmers of Iowa, Ames) shed light on some struggles farmers face in feeding our state, as well as legislation helping to improve Iowans’ accessibility to a locally-produced food supply. The event was hosted by the LI Board NW Regional Representative, Shelly Greving (LI '11-12; Emerge Marketing Solutions, Manning).
FROM THE DESK OF
Learn About the Iowa Clearinghouse for Work-Based Learning

For employers, the Iowa Clearinghouse for Work-Based Learning is a tool to help you build an early talent pipeline of future-ready workers while collaborating with schools across the state. By posting real-world projects in the Clearinghouse, businesses also provide students extraordinary opportunities to learn high-demand skills and explore career pathways.

Accumold CEO/President Roger Hargens, whose company engages in numerous school-business partnerships, including the Clearinghouse, said “it is critically important that we help grow the next generation of manufacturing leaders.” 

CLICK HERE to learn how your business can maximize the benefits of this tool.
MEMBER NEWS
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November 22 - 12:00 p.m.
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December 10 – 11:00 a.m.
Join Eide Bailly's Director of Legislative Affairs, Mel Schwarz, JD, CPA, for a quarterly tax legislative update covering recent developments in proposed and enacted tax legislation. CLICK HERE to register.
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