Iowa Legislative Report
86th Iowa General Assembly
2015 session
IA State Police Association
Week 15: April 20 – April 24, 2015
Paula Feltner & Mike Heller, Lobbyists
There were signs this fifteenth week of the legislative session that legislators were finally contemplating getting out of session before the 2016 session starts. There was finally some budget activity and work on Ways and Means bills at the capitol. Several budget bills were introduced in each chamber, and although they will probably result in conference committees, it was a welcome sign that session might actually come to an end. All this is to say that things are FINALLY starting to move although the chambers still have not resolved the school aid issue.
May 1st is the 110th day of session. After that date, legislators will no longer receive daily expense payments — which are $148 per day for legislators who are from outside of Polk County, and $111 per day for legislators who live within Polk County. The basic salary for lawmakers is $25,000 annually. However, the Legislature is not likely to be done by the scheduled adjournment date.
This next weekshould feature floor work on a number of budget bills in both chambers, but it is unlikely that legislators will be able to end the session on time. The schedule for the next several weeks is uncertain; Senator Gronstal said that he prefers to bring legislators down to the Capitol rather than have them waiting in their districts for a budget resolution. The House will do committee work on Monday and Tuesday, but some House members may not return to the Capitol until Wednesday when bills should be ready for floor work. These conflicting philosophies do not bode well for ending the session very soon, especially since state aid for schools is still undecided.
Senate Democrats have moved to the Governor’s budget number ($7.341 billion); the Senate number is slightly higher but includes a budget adjustment for early retirements to make it equal to the Governor. The proposed budget is 97% of the revenues available according to the REC and well under the spending limit authorized in Code. They said that the ending balance should not be considered one-time money but should be considered as a revolving fund. They said that not using the funds this year will hurt education in the state and the middle class. The HouseRepublican proposal spends about $7.168 billion.
Both Chambers have now released budget targets for the House and Senate. This will help move the process along, but the two chambers are still $166 million apart.
In addition, the House and Senate are also about $75 million apart in supplemental state aid for schools(SSA), with the House at 1.25% and the Senate at 2.625%.
SFY 2016 GOVERNOR / SFY 2016 SENATE / SFY 2016 HOUSEADMINISTRATION
& REGULATION / $53.2 M / $51.9 M / +$49.8 M
AGRICULTURE & NAT RESOURCES / $44.6 M / $43.1 M / $42.0 M
ECONOMIC DEVELOPMENT / $44.5 M / $44.3 M / $41.4 M
EDUCATION / $1.0224 B / $1.0259 B / $977.6 M
HEALTH & HUMAN SERVICES / $1.9306 B / $1,9044 B / $1.8 B
JUSTICE SYSTEM / $744.3 M / $742.2 M / +$728.0 M
STANDINGS / $3.5012 B / $3.5452 B / $3.5 B
GRAND TOTAL / $7.341 B / $7.357 B / $7.175 B
Several of our bills saw action this week. The Senate passed a major sex offense bill by adding provisions on human trafficking, the statute of limitations for sex abuse crimes, GPS stalking and on invasion of privacy to HF 6EXPLOITATION BY SCHOOL EMPLOYEES. Most of the added provisions had been part of other bills. Statute Of Limitations: The bill strikes the Statute of Limitation for sex abuse crimes. Trafficking: Human trafficking is defined as a forcible felony. Training requirements are added and bill requires the CJJP to collect data and submit an annual report to the Legislature on human trafficking. School Employees: The bill makes the statute of limitations ten years for sexual exploitation by a counselor or school employee and defines school employees to include those who hold licenses, certificates or authorizations, and other full and part-time employees and contract employees.
Invasion of Privacy: The bill makes it a serious misdemeanor if a person views, films or photographs another person for purposes of sexual desire, and the other person does not consent, or is unable to consent, is fully or partially nude and has a reasonable expectation of privacy. It requires registration as a sex offender and makes invasions of privacy subject to the ten-year special sentence. Stalking: The bill includes it as criminal stalking when a person purposefully acts toward another person in a way that would cause a reasonable person to feel frightened or intimidated or to fear that the stalker intends to cause death or injury. It strikes a requirement that the stalking actually induce fear. GPS devices. The bill also defines the unlawful placement of global positioning devices as a serious misdemeanor.
HF 641BROADBAND ACCESS–Not as ambitious as the Governor’s original proposal, the bill represents a first step that will increase investment for broadband through property tax credits and grants. The bill creates a broadband grant program, but does not include funds for the grants, and a property tax credit for 100% of exempt installations. The installations must be in targeted areas, and offer service at or above 25 megabits per second download speed and 3 megabits per second upload speed in areas where such speeds are not available. According to LSA estimates, the credits will reach more than $10 million in property tax reductions by FY 2022 and more than $18 million by FY 2028. The program will increase spending from the GF by about $3.5 million by FY 2028.
SF 366PORS DISABILITY BENEFITS was offered by Rep Pettingill for a constituent and only affects 16 people in the state. It reduces the disability benefit for a member of PORS under 55 equal to the difference in income the beneficiary receives from other work and 2 1/2 times the current earnable compensation of a comparable PORS member and strikes current pension offset provisions. H-1180 by State Government, a Strike & Replace amendment, allows a PORS beneficiary to receive full disability and income from other employment as long as the total is less than 1.5 times what a PORS member in the same position receives. Includes language to prevent a PORSmember from having disability payments reduced under 50%.
Several bills were signed by the Governor:
- HF 227 JAIL STRIP SEARCHES Makes a person who has been arrested for a simple misdemeanor or a scheduled violation and not housed in general population subject to a visual strip search or a strip search only if there is probable cause that the person has a weapon or contraband and with written authorization. Makes a person arrested for such violations who is housed in the general population subject to a visual strip search and subject a strip search only if there is probable cause that the person has a weapon or contraband and with written authorization. Requires that a physician perform strip searches (other than probes of the mouth, ears or eyes) and that a search warrant or consent be obtained. Requires a written report of the incident. Defines a visual strip search (removal of clothing to allow a visual inspection). Requires that a physician perform strip searches. Includes other requirements.
- HF 569 GARNISHMENT Makes an officer who has written instructions from a plaintiff who had an execution issued to a sheriff bound to levy an execution on any personal property in the possession of the defendant unless another person gives written notice of ownership or the defendant gives written notice that the property is exempt. Notice: Does not allow a judgment against a garnishee who is not the judgment debtor’s employer until notice is served on the judgment debtor (notice by the judgment creditor not less than seven business days after the sheriff files the garnishee’s answers). Strikes certain protections for property if the garnishment is for criminal fines. Other: Requires an employer garnishee to give certain information to the debtor. Deems the actions of a sheriff not to the actions of any person in a garnishment. Does not allow service by a party or an attorney to the action but does allow service by acknowledgement of service.
- SF 292 JUVENILE COURT RECORDS Specifies that juvenile court social records are confidential and not subject to inspection, except as authorized by Code. Makes the dismissal of complaints or informal adjustments confidential, with limited access for judges, court staff, county attorneys, guardian ad litems, school superintendents, the state public defender, for armed services background checks and for statistical purposes. Makes juvenile court records in cases not alleging delinquency confidential records.
- SF 412 JUVENILE COURT MATTERS Allows a juvenile court to continue to have jurisdiction over a minor who commits a delinquent act until the minor is 21 for follow-up services, if the minor and court agree that the court should continue jurisdiction. Requires the minor under such jurisdiction to be prosecuted as an adult for any public offense. Increases the period between a final disposition in a ChINA case and the social report to five days.
- SF 448 LIFE SENTENCES FOR MINORS Establishes one of three options for minors under 18 who are convicted of 1st degree murder (Class A felony): life without the possibility of parole (unless the Governor commutes the sentence), life with the possibility of parole after a term of years determined by the court and life with the possibility of parole. Establishes considerations for the court to consider. Other Class A felonies: Life with the possibility of parole after a minimum term as determined by the court or life with the possibility of parole to be determined by the judge. Includes sentencing considerations. Other: Does not allow for earned good time.
- SF 456 REFILLABLE ALCOHOL CONTAINERS Allows a class C alcohol permit holder (retailer) to sell off-sale beer to customers with refillable containers (growlers). Requires the containers to be filled by someone older than 18. Deems such a container not to violate open container laws.
- SF 457 CLOSED MEETING MINUTES Specifies that no court order is needed for the Ombudsman to examine the minutes of a closed session in order to resolve a complaint about the violation of the open meetings law or pursuant to an investigation.
Two bills were sent to the Governor and are awaiting his signature:
- HF 585CONFIDENTIAL ADDRESSES was sent to the Governor. It establishes an address confidentiality program for victims of domestic abuse, human trafficking, sex abuse, stalking or due fears of personal safety with the Secretary of State. The bill allows such a person to submit information to the SOS for a confidential designated address and requires the SOS to forward mail sent to the designated address. It makes the enrollment for four years and includes confidentiality provisions and grounds for canceling a certification. It states the intent of the program to prevent victims from being located through publically-available addresses. The bill establishes a $100 surcharge for guilty pleas/deferred judgments and a $50 surcharge for contempt of court for violating a protective order and includes a fund for the surcharges.
- SF 75OPERATION WINTER LIGHT alsowas sent to the Governor. It includes vehicles with blue and white lights under the requirements for passing vehicles to move over a lane. The bill allows the use of blue and white lights in conjunction with amber lights for certain DOT snow removal vehicles and requires the DOT to document the usefulness of blue and white lighting on snow removal equipment and to report to the Legislature by July 2019.
Below are the bills of interest that are still alive. The bills are “hotlinked” if you would like to view the entire bill or of course all bills may be accessed on the legislative website at www.legis.iowa.gov. If you have questions, please contact us. Also, Don’t forget to check out the legislative forums in your area and talk about ourlegislative issues:
Senate Democrats Forum Schedule
House Republicans Forum Schedule
Senate File 498A bill for an act relating to and making appropriations to certain state departments,
agencies, funds, and certain other entities, providing for regulatory authority, and
other properly related matters and including effective date provisions. (Formerly
SSB 1286.)
Apr. 23 15 / Committee report, approving bill. S.J. 924.
Sponsored by Appropriations.
Senate File 497
A bill for an act relating to appropriations to the justice system, and including effective
date provisions. (Formerly SSB 1284.)
Apr. 23 15 / Committee report, approving bill. S.J. 923.
Sponsored by Appropriations.
Senate File 492
A bill for an act creating a disaster case management grant fund and program.
(Formerly SF 307 and SF 411.)
Apr. 22 15 / Committee report, approving bill. S.J. 916.
Sponsored by Appropriations.
Senate File 484
A bill for an act relating to the medical cannabis Act and providing for civil and criminal
penalties and fees. (Formerly SSB 1243.)
Apr. 15 15 / Read first time, referred to Public Safety. H.J. 864.
Sponsored by Ways & Means.
Senate File 481
A bill for an act relating to state taxes by eliminating the individual income tax,
increasing the sales and use tax rates, making conforming changes, and including
effective date and applicability provisions.
Mar. 30 15 / Subcommittee, Dotzler, Feenstra, and
Quirmbach. S.J. 740.
Sponsored by Zaun.
Senate File 468
A bill for an act relating to the individual and corporate income taxes by reducing
individual and corporate tax rates and eliminating a deduction for federal income
taxes paid, and including retroactive applicability provisions.
Mar. 17 15 / Subcommittee, Quirmbach, Dotzler, and Feenstra
. S.J. 600.
Sponsored by Chelgren.
Senate File 461
A bill for an act relating to the coordination of, access to, and availability of broadband
via fiberoptic network infrastructure throughout the state, including a broadband
grant program and fund, the use of tax incentives and statewide school infrastructure
funding, and including applicability provisions. (Formerly SF 60.)
Mar. 12 15 / Subcommittee, Petersen, Dotzler, and Feenstra.
S.J. 592.
Sponsored by Economic Growth.
Senate File 448
A bill for an act relating to the commission of a class "A" felony by a person under
eighteen years of age, providing penalties, and including effective date and appli-
cability provisions. (Formerly SSB 1185.)
Apr. 24 15 / Signed by Governor. S.J. 0.
Sponsored by Judiciary.
Senate File 427
A bill for an act relating to the making, transferring, and possession of firearms and
suppressors, and providing penalties. (Formerly SSB 1263.)
Apr. 09 15 / Message from House, with amendment S-3117.
S.J. 832.
Sponsored by Judiciary.
Senate File 424
A bill for an act relating to lighted lamps on bicycles and bicycle riders, and including
effective date provisions. (Formerly SF 241.)
Apr. 09 15 / Referred to Transportation. H.J. 814.
Sponsored by Transportation.
Senate File 403
A bill for an act relating to expenditures of moneys from the E911 emergency com-
munications fund. (Formerly SSB 1131.)
Mar. 25 15 / Subcommittee reassigned, Dvorsky, Chapman,
Courtney, Danielson, and Garrett. S.J. 714. S.J. 714.
Sponsored by State Government.
Senate File 394
A bill for an act relating to responsibilities for expenses for the safekeeping and main-
tenance of prisoners by counties and cities. (Formerly SF 238.)
Apr. 16 15 / Message from House, with amendment S-3128. S.J. 884.
Sponsored by Judiciary.
Senate File 391
A bill for an act relating to the use of electronic communication devices while driving
as a primary offense. (Formerly SSB 1041.)
Apr. 14 15 / Amendment H-1223 filed. H.J. 844.
Sponsored by Transportation.
Senate File 385
A bill for an act relating to the expungement of not-guilty verdicts and dismissed
criminal-charge records, and including effective date and applicability provisions.
(Formerly SSB 1110.)
Apr. 16 15 / Message from Senate. H.J. 870.
Sponsored by Judiciary.
Senate File 366
A bill for an act relating to the reexamination, recalculation, and offset of disability
retirement benefits for beneficiaries under the public safety peace officers' retirement,
accident, and disability system. (Formerly SSB 1213.)
Apr. 22 15 / Message from House, with amendment
S-3132. S.J. 910.
Sponsored by State Government.
Senate File 345
A bill for an act relating to state and school antiharassment and antibullying policies,
providing for training for school personnel, establishing a bullying and violence
prevention student mentoring pilot program, and providing for a school climate
and bullying work group. (Formerly SSB 1044.)
Apr. 22 15 / Motion to suspend rules failed. H.J. 911.
Sponsored by Education.
Senate File 336
A bill for an act relating to civil protective orders in sexual abuse cases, and making
penalties applicable. (Formerly SF 237.)
Apr. 23 15 / Amendment H-1249 filed. H.J. 919.
Sponsored by Judiciary.
Senate File 292
A bill for an act relating to the confidentiality of certain juvenile court records.
(Formerly SSB 1148.)
Apr. 24 15 / Signed by Governor. S.J. 0.
Sponsored by Judiciary.
Senate File 277
A bill for an act providing an exemption from the computation of the individual
income tax of certain amounts of retirement income and including applicability
provisions.
Feb. 24 15 / Subcommittee, Quirmbach, Petersen, and
Smith. S.J. 375.
Sponsored by Smith, Rozenboom, Johnson, Schultz, Garrett, Breitbach, Kapucian,
Senate File 267
A bill for an act relating to privileged communications between certain peer support
group counselors and officers. (Formerly SSB 1163.) Effective 7-1-15.
Apr. 14 15 / Signed by Governor. S.J. 865.
Sponsored by Judiciary.
Senate File 264
A bill for an act relating to access to local exchange service information. (Formerly
SSB 1025.) Effective 7-1-15.
Apr. 20 15 / Signed by Governor. S.J. 897.
Sponsored by Judiciary.
Senate File 261
A bill for an act exempting individuals of a certain age from the individual income tax,
and including effective date and retroactive applicability provisions.
Feb. 18 15 / Subcommittee, Quirmbach, Bolkcom, and Feenstra.
S.J. 325.
Sponsored by Chelgren.
Senate File 222
A bill for an act relating to the disposition of seized firearms or ammunition. (Formerly
SSB 1010.) Effective 7-1-15.
Apr. 17 15 / Signed by Governor. S.J. 897.
Sponsored by Judiciary.
Senate File 188
A bill for an act providing for appropriations to the statewide fire and police retirement
system and including effective date provisions. (Formerly SSB 1126.)
Feb. 17 15 / Subcommittee, Dvorsky, Courtney, and Kraayenbrink.
S.J. 312.
Sponsored by State Government.
Senate File 187
A bill for an act providing an exemption from the computation of the individual income
tax of certain amounts of retirement income and including retroactive applicability
provisions.
Feb. 12 15 / Subcommittee, Quirmbach, Feenstra, and Seng.
S.J. 293.
Sponsored by Zaun.
Senate File 155
A bill for an act relating to the illumination of rear registration plates on dump trucks
and construction vehicles. Effective 7-1-15.
Apr. 17 15 / Signed by Governor. S.J. 897.
Sponsored by Allen.
Senate File 153
A bill for an act relating to state and local finances by making transfers and approp-
riations and including effective date and applicability provisions.
Feb. 17 15 / Subcommittee, Dvorsky, Kraayenbrink, and
McCoy. S.J. 312.
Sponsored by Hogg.
Senate File 104
A bill for an act reducing the individual and corporate income tax rates and including
effective date and applicability provisions.
Feb. 03 15 / Subcommittee, Bolkcom, Anderson, and Quirmbach.
S.J. 207.
Sponsored by Anderson.
Senate File 75
A bill for an act relating to the use of blue and white lighting devices and reflectors
during snow and ice treatment and removal, making penalties applicable, and
including sunset date provisions. (Formerly SSB 1040.)+
Apr. 22 15 / Message from House. S.J. 908.
Sponsored by Transportation.
Senate File 32
A bill for an act relating to the safe routes to school program, making appropriations,
and including effective date provisions.
Jan. 15 15 / Subcommittee, Dvorsky and Chapman. S.J. 95.
Sponsored by McCoy.
House File 650
A bill for an act relating to and making appropriations to state departments and
agencies from the rebuild Iowa infrastructure fund and the revenue bonds capitals
II fund, providing for related matters, and including effective date provisions.
(Formerly HSB 246)
Apr. 22 15 / Introduced, placed on Appropriations calendar.
H.J. 915.
Sponsored by Appropriations.
House File 641
A bill for an act relating to and providing for the coordination and facilitation of
broadband access in targeted areas of the state, including property tax incentives
for broadband infrastructure installation, a broadband grant program and fund, and
including applicability provisions. (Formerly HF 576) (Formerly HSB 104)
Apr. 23 15 / Subcommittee, Petersen, Feenstra, and McCoy.
S.J. 923.
Sponsored by Ways & Means.
House File 597
A bill for an act relating to the distribution of fines imposed by the automated
enforcement of traffic laws. (Formerly HSB 175)
Apr. 09 15 / Placed on calendar under unfinished business. S.J. 835.
Sponsored by Transportation.
House File 588
A bill for an act relating to the issuance of persons with disabilities removable wind-
shield parking placards, and including effective date and applicability provisions.
(Formerly HSB 205)
Apr. 09 15 / Placed on calendar under unfinished business. S.J. 835.
Sponsored by Local Government.
House File 585
A bill for an act establishing an address confidentiality program in the office of the
secretary of state for a victim of domestic abuse, domestic abuse assault, sexual
abuse, stalking, and human trafficking and providing for a fee and including
effective date provisions. (Formerly HF 233)
Apr. 22 15 / Message from House. S.J. 908.
Sponsored by Public Safety.
House File 567
A bill for an act relating to controlled substances, including by enhancing the
penalties for imitation controlled substances, modifying the controlled substances
listed in schedules I, III, and IV, and temporarily designating substances as controlled
substances, and providing penalties. (Formerly HF 279)
Apr. 09 15 / Placed on calendar under unfinished business. S.J. 835.
Sponsored by Public Safety.
House File 560
A bill for an act relating to expenditures of moneys from the E911 emergency com-
munications fund. (Formerly HF 199)
Apr. 13 15 / Passed subcommittee.
Sponsored by Public Safety.
House File 490
A bill for an act relating to state and school antiharassment and antibullying policies,
providing for training for school personnel, establishing a bullying and violence
prevention student mentoring pilot program, providing for a school climate and bullying
work group, and making appropriations. (Formerly HSB 39)
Mar. 04 15 / Introduced, referred to Appropriations. H.J. 463.
Sponsored by Education.
House File 447
A bill for an act requiring wireless communications service providers to provide call
locations in circumstances of emergency, making penalties applicable, and including
effective date provisions. (Formerly HF 54)
Apr. 22 15 / Message from House. S.J. 911.
Sponsored by Public Safety.
House File 280
A bill for an act providing an exemption from the computation of the individual income
tax of certain amounts of retirement income and including applicability provisions.
Feb. 17 15 / Introduced, referred to Ways & Means. H.J. 326.
Sponsored by Miller, L..
House File 258
A bill for an act relating to sexual misconduct with offenders and juveniles, and providing
penalties. Effective 7-1-15.
Apr. 17 15 / Signed by Governor. H.J. 875.
Sponsored by Judiciary.
House File 227
A bill for an act relating to strip searches of persons at a jail or municipal holding facility.
(Formerly HSB 33)
Apr. 21 15 / Sent to Governor. H.J. 895.
Sponsored by Judiciary.
House File 130
A bill for an act exempting from the sales tax certain required equipment and supplies
purchased by a volunteer fire fighter, emergency medical services personnel, or a
reserve peace officer.
Feb. 02 15 / Introduced, referred to Ways & Means. H.J. 182.
Sponsored by Salmon.
House File 6
A bill for an act to expand the criminal offense of and applicability of related penalties
for sexual exploitation by a school employee to include all school district employees.
Apr. 21 15 / Senate amendment H-1245 filed. H.J. 899.
Sponsored by Jones
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