HF 522 adds a definition of “anerobic digester system” to Iowa Code. An “anerobic digester system” is a manure storage structure that is covered. It processes manure by employing environmental conditions, including bacteria, to break down organic matter in the absence of oxygen, and is used for producing, collecting and using a biogas. A civil penalty assessed for an air quality violation cannot exceed $10,000. This bill gives authority to expand the animal units of a confined animal feeding operation (CAFO). [5/17: 38-7 (Excused: Goodwin, Johnson, Nunn, Schultz, Williams)]
SF 356 creates a new code chapter, “Iowa Agricultural Tourism Promotion Act.” The bill severely limits the civil liability of a farmer/land owner/farm employee involved in agricultural tourism on a farm. The new law makes significant changes to Iowa’s current “comparative fault” statute; requires notice to be posted; expands the definition of a farm by removing the requirement it be at least 40 contiguous acres of farmland used for farming, including a homestead; expands the definition of edible or ornamental produce, which includes fruits and vegetables; and requires visitors/paying customers to sign a waiver. [5/5: 31-17, party line (Excused: Hogg, Nunn)]
SF 482 amends provisions in the “Pesticides Act of Iowa” to include private applicators. Under this law, a public (independent farmer) applicator cannot apply a restricted-use pesticide without being certified by the Iowa Department of Agriculture and Land Stewardship. This action is pro-active to match federal Environmental Protection Agency rules. Penalties of warnings, education and loss of certification are also addressed if abuse occurs. [3/8: 48-0 (Excused: Nunn, Whiting)]
SF 284 appropriates $21 million for FY21 from the General Fund to the Office of Chief Information Officer to implement a new state central personnel, accounting and budget system (Workday). [Senate 2/9: 32-17 (Yes: Republicans, Bisignano; Excused: Nunn); House 2/18: 58-38; Gov signed 2/23]
SF 592 is the FY22 Department of Transportation (DOT) budget. There are two new appropriations, both from the Primary Road Fund (PRF), that total $10 million. This includes $5.3 million for major maintenance and $4.7 million for routine maintenance and preservation at DOT facilities. Major Maintenance funds will be used to enhance and extend the life of DOT facilities. It will include adding new features, such as brine buildings and mechanic bays across the state. Routine maintenance and preservation will allow more flexibility in DOT spending decisions.
Annual maintenance-related appropriations typically funded as separate line-items that are now in the “Facility Routine Maintenance” include:
Utility improvements
Garage roofing projects
Heating, ventilation and air conditioning (HVAC) improvements
Field facility deferred maintenance
Americans with Disabilities Act (ADA) improvements.
Motor Vehicle Enforcement (MVE) Field Facilities: $400,000 – new appropriation from the Road Use Tax Fund (RUTF) designed to maintain the various enforcement field facilities.
Increases
Highway Division: $4.1 million increase to replace existing medium- and heavy-duty trucks and to fund nine new FTE positions. The FTE positions will perform project development and field construction inspection. The increase will also fund a more consistent replacement of snow plow blades. An increase in salt usage has resulted in the DOT needing more funds to cover the cost of salt. Three years ago, the DOT began transitioning medium- and heavy-duty trucks to a 12-year replacement cycle from a 15-year cycle. The DOT had recommended this transition to a shorter lifespan as repairs and parts, some of which are becoming obsolete, are costlier on older vehicles. There is a decrease of $2.3 million for Inventory and Equipment from the PRF as a result of funds being shifted to the Highway appropriation.
Motor Vehicle Division Field Facility Maintenance: $400,000, an increase of $100,000. Many of these facilities are used often and are front-facing. The additional funds will be used for increased maintenance.
Rest Area Facility Maintenance: $400,000, an increase of $150,000. Funds will help better maintain rest areas, which are widely used by the public and often highly visible from the highway.
Decreases
State Road Maps: Decrease of $242,000. Maps are now printed every other year, rather than annually. Design and printing costs were allocated in FY21 for the new Iowa Transportation 2021-2022 maps.
DOT Workers’ Compensation: Decrease of $762,186 (RUTF $30,487/PRF $731,699) in payments to the Department of Administrative Services due to fewer workers’ compensation claims. Workers’ Compensation covers all approved medical expenses for the treatment of employee injuries and lost wages if the employee is incapacitated for more than three days. Premiums are based on a five-year rolling average of claims experience for the DOT.
Statewide Communication System: Decrease of $123,476. Lease payments are being shifted from RUTF/PRF to RIIF as additional public safety organizations use the system.
Inventory and Equipment: Decrease of $2.3 million as a result of funds being shifted to the Highway Division appropriation. The FY22 budget reflects a decrease of $11,287,000 for a one-time capital expenditure for repairs at the Ames Administration Building allocated in FY21. [Senate 4/28: 48-0 (Excused: Nunn, Schultz); House 5/6: 90-0; Gov signed 6/8]
SF 615 is the FY22 standings appropriations bill. Standing appropriations, with the changes in this bill, equal $3.98 billion. This is a $31.5 million reduction from the standing appropriations in Iowa Code. However, it is a $43.8 million increase over FY21 appropriations.
Division I: Limitations of Standing Appropriations
The bill limits certain standing appropriations:
Nonpublic School Pupil Transportation: $8.9 million is appropriated. This is a $1.9 million decrease to the standing appropriation. This is a $800,000 increase from the FY21 appropriation.
Instructional Support State Aid: $0. This is a $14.8 million decrease to the standing appropriation. This is no change from the FY21 appropriation.
State Aid for Area Education Agencies (AEA): A $15 million reduction in the standing appropriation. This is no change from FY21 appropriation.
Standing appropriations are listed in Iowa Code. If you do not see the standing appropriation listed in the bill, the appropriation line item is funded at statutory level.
A few notable Standing appropriation items are:
School State Aid: $3.4 billion. This is a $21.5 million increase (with the AEA cut) over FY21. The minimal school funding increase was enacted by SF 269.
The Legislative Branch is funded at the standing unlimited amount of $37 million. This is a $1 million increase over FY21.
The Technology Reinvestment Fund is funded at the statutory level of $17.5 million from the General Fund. This fund was not funded out of the General Fund in FY21.
The Homestead Tax Credit, Elderly & Disabled Tax Credit, Ag Land Tax Exemption and Military Service Tax Exemption are fully funded.
The Commercial and Industrial Property Tax Replacement ($152 million) and the Business Property Tax Credit ($125 million) are fully funded.
Division II: Miscellaneous Appropriations
Workday Supplemental: $23.3 million to the OCIO for Workday (software system for financial management and human resource management for state government). This appropriation should cover implementation costs of the contract. Annual subscription costs will not need an appropriation, these costs will be paid by Department of Administrative Services fees.
State Public Defender: FY22 appropriation of $200,000 to the State Public Defender. This is to cover the cost from the HF 743 (passed the Senate 44-0) for representation of certain indigent parties in adoption preceding.
Division III: Corrective Provisions – Includes Legislative Services Agency corrective provisions on bills passed by the Legislature.
Division IV: Child Care Assistance – Amends HF 302, which locked in child care assistance rates to those in effect on July 1, 2021. The standings bill strikes that locked in rate and allows the child care rates to be adjusted.
Division V: Amusement Ride Attendants – Amends HF 558, which allows 16 and 17 years to operate amusement rides effective July 1, 2021. The standings bill makes HF 558 effective upon enactment and retroactive to April 30, 2021.
Division VI: Funeral Director Reimbursement – Amends SF 307 relating to the transportation of dead bodies. This allows a funeral director to be reimbursed for the cost of transporting a deceased body to and from an autopsy by also allowing them to be reimbursed for “other associated fees.”
Division VII: Gambling
Casino Minimum Wage: Iowa law states that it is the intent of the Legislature that employees (at casinos) be paid at least 25% above the federal minimum wage. This division locks in the federal minimum wage to what was in effect as of December 31, 2020 ($7.25 per hour).
Regulator Fee Fix: HF 861 (Justice budget) inadvertently struck a provision that allowed the Department of Public Safety to collect certain casino regulatory fees. Standings fixes that and allows the DPS to continue collecting the regulatory fees.
#EMS-funding Division IX: Emergency Medical Services District (Rural EMS)
Allows a county or city to levy an additional annual tax if the initial tax is not sufficient to provide the authorized services and if the additional tax is approved at an election.
The current initial tax is $1 per $1,000 tax levy. This cap can be exceeded by holding an election in which a majority of those voting approve the additional tax. The additional annual tax begins with the fiscal year following the election in which it was approved. Prior to the vote, local emergency medical services agencies must create an advisory council to help determine the amount of the funding specified on the ballot for the election.
Discontinuance of the authority to impose an additional tax will be by petition and election. It requires a petition of 25% of the resident eligible electors. If a majority of those voting favor a discontinuance of additional tax, it will no longer be imposed beginning in the fiscal year following the election.
Division X: Optional Taxes for Emergency Medical Services
A resolution declaring emergency medical services to be an essential service must be considered and voted on at two meetings prior to the meeting where the resolution is finally approved.
A county must coordinate with local emergency medical services agencies to establish a county emergency medical services system advisory council to help assess service needs. The council must recommend funding, and must annually assess and review emergency medical services needs.
The bill amends Iowa Code Chapter 422D, which allowed counites upon a majority vote of the people to generate additional taxes for emergency medical services. Under 422D, a county could use a local income surtax, property tax or combination of both to fund EMS. There was a cap of 1% on the local income surcharge, but no cap on the property tax that could be levied. The bill changes the percentage of the vote from majority to 60% (the initial tax vote requires 60% in favor). The bill sets the cap on the property tax levy at $0.76 per 1,000.
Iowa’s 11 most populous counties, as determined by the latest certified federal census or latest applicable population estimate (by U.S. Census Bureau), can use the optional taxes for EMS for up to 10 years (an increase from five years). Other counties can use the optional taxes for EMS for up to 15 years (an increase from five years).
Division XI: Emergency Medical Service Training Programs – Allows an ambulance service or non-transport service to apply to the Department of Public Health to provide emergency medical care services training leading to certification as an emergency medical care provider. Ambulance service and non-transport service join Iowa colleges and Iowa hospitals as eligible applicants. This division is effective upon enactment.
Division XII: Local Option Sales Tax Revenue (EMS) – Allows Local Option Sales Tax (LOST) revenue for EMS services and expenses. [Senate 5/19: 46-0 (Excused: Hogg, Johnson, Nunn, Williams); House 5/19: 55-31; Gov signed 6/9]
HF 428 – Public Defense Omnibus (by Public Safety)
HF 428 is a Public Defense departmental bill. It allows properties to be leased to use for armory purposes for up to 30 years, rather than the current 20 years. It amends the Iowa Code of Military Justice so that military commanders [Grade Colonel/06] can hold service members accountable if they commit offenses while off duty when there is a nexus between military service and the offense (e.g., sexual harassment, sexual assault involving two service members). It allows the Adjutant General to include in the annual report on certain offenses, the number of sexual abuse cases reported to the U.S. Department of Defense that are not otherwise required to be reported. It also enhances the popular education benefits available that help the Guard recruit and retain members.
The bill:
Requires the Adjutant General to submit an annual report to the Governor and the Legislature by December 31 listing the science, technology, engineering and math-related career fields the Iowa National Guard plans to focus on in providing educational incentives using funds available for that fiscal year.
Creates a new Code section 261.86A that establishes two recruitment and incentive programs to recruit or retain individuals who have completed or are pursuing training in science, technology, engineering and math-related military occupational specialties or Air Force specialty codes. The Adjutant General may expend appropriated funds that remain unencumbered or unobligated at the close of a fiscal year in the following fiscal year for recruitment and retention programs.
Allows the Adjutant General to expend unencumbered or unobligated funds in the Iowa National Guard Service Scholarship programs [Code 261.86, subsection 6] to recruit or retain individuals by offering either a student loan repayment program or a master’s degree scholarship award program that complies with the federal Edith Nourse Rogers STEM scholarship program.
Establishes a National Guard student loan repayment program to be administered by the College Student Aid Commission, and sets requirements for applicants and for loan-repayment awards.
Sets requirements for the master’s degree scholarship program. [Senate 4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz); House 2/17: 96-0; Gov signed 4/30]
HF 707 would authorize state court administration to pay all oral language court interpreters from the Judicial Branch Revolving Fund established to pay jury, witness and court interpreter fees, rather than four sources depending on the case type and economic status of the person requiring an interpreter. The move to one source for payment will streamline this process.
Funding appropriated to the Indigent Defense Fund in FY21 will be used by the State Public Defender to pay costs and fees of interpreters and translators prior to the effective date of the bill, which is July 1, 2021. The bill is estimated to increase funding and costs to the Jury and Witness Revolving Fund by approximately $500,000 beginning in FY22. The bill transfer those costs from the Indigent Defense Fund to the Revolving Fund. As a result, the Indigent Defense Fund would experience a savings of approximately the same amount. [Senate 4/13: 45-0 (Excused: Hogg, Lofgren, Nunn, Petersen, Rozenboom); House 3/9: 93-0; Gov signed 4/30]
HF 708 creates a Public Safety Equipment Fund. Moneys in the fund consist of appropriations or deposits into the new fund. Money in the fund will not revert. DPS is authorized to designate moneys in the fund for the future purchase, maintenance and replacement of equipment. DPS will submit a report to the joint appropriations subcommittee on Justice System and to Legislative Services Agency on or before December 31 of each year listing all expenditures in the previous fiscal a year, the carry over amount and how the department used it in the current fiscal year, as well as how much DPS intends to carry over to the next fiscal year and its planned uses. The report will list the sources of moneys deposited in the fund over previous fiscal year. The bill takes effect July 1, 2021. [Senate 5/18: 44-0 (Excused: Goodwin, Hogg, Johnson, Nunn, Schultz, Williams); House 5/18: 90-1; Gov signed 6/17]
HF 722 allows all available funds in the Teacher Shortage Forgivable Loan Repayment Fund and the Teacher Shortage Loan Forgiveness Repayment Fund to be transferred to the Teach Iowa Scholar Fund. The Iowa College Student Aid Commission estimates that approximately $146,000 is available to transfer to the Teach Iowa Scholar Fund, along with a limited number of additional repayments that are received each month. Approximately $191,000 will be transferred to the Teach Iowa Scholar Fund in FY22. [Senate 5/5:48-0 (Excused: Hogg, Nunn); House 3/9: 93-0; Gov signed 5/20]
HF 838is based on recommendations by the Iowa Insurance Division (IID). The bill:
Imposes a monetary penalty on and provides for license suspension or revocation of a person who violates any order of the Insurance Commissioner, rather than limiting the penalty and suspension or revocation to those violating cease and desist orders.
Allows the Insurance Commissioner to deposit revenue from penalties collected due to insurers’ failure to file a timely own risk and solvency assessment summary report into the Department of Commerce Revolving Fund and into the Insurance Division Regulatory Fund. Currently, these penalties are transferred to the General Fund.
Clarifies that the licenses for advisory organizations are for three years and sets the fee at $100.
Adds a new late fee of $5 (not to exceed $500) for each day after April 15 that a pre-need seller or pre-need sales agent fails to file their annual report, and establishes a late fee of $5 for each day after April 30 that a perpetual care cemetery fails to file its annual pre-need sales report.
Eliminates the $500,000 cap for funds that may be retained in IID’s Regulatory Fund.
Eliminates the $50,000 cap for funds that may be retained in IID’s Enforcement Fund.
Increases the examination fee that is deposited into the Enforcement Fund from $5 to $10.
Lowers the application fee for a motor vehicle service contract form and renewal application from $50 to $35.
The bill gives the Commissioner broad authority to develop a “state innovation waiver” under the Affordable Care Act that would be submitted to the federal government, and to implement changes approved by the federal government through emergency rule-making. The Legislative Council will establish a 15-member study committee to identify and analyze health insurance mandates, and submit its finding and recommendations to the Legislature by December 31. Note: SF 346 was referred to Senate Ways and Means, and the House companion was referred to House Appropriations. [5/19: 35-11 (No: Bolkcom, Boulton, Celsi, Dotzler, Giddens, Hogg, Jochum, Petersen, Quirmbach, J. Smith, Trone Garriott; Excused: Johnson, Nunn, Sinclair, Williams)]
HF 839, an Iowa Insurance Division (IID) recommendation, addresses the financial exploitation of adults 65 or older, and dependent adults 18 or older who are unable to protect their own interests, or unable to perform or obtain services necessary to meet essential needs. It is based on model law from the North American Securities Administrators Association. The new Code sections deal with confidentiality of records, government and third-party disclosures and immunity, and training requirements brokers-dealers and investment advisers must provide to their employees on identifying and reporting financial exploitation. The IID must submit an annual report to the Governor and the Legislature that includes the number of notifications related to the potential financial exploitation, the amount of time IID employees spent investigating the notifications, and the number of founded cases of financial exploitation. Supporters include the Older Iowans Legislature, Principal Financial, Area Agencies on Aging, Hope Haven, Mosaic, Iowa Attorney General, Iowa CareGivers, Iowa Health Care Association, Iowa State Bar Association, and Wells Fargo.
The Administration and Regulation Appropriation bill includes funding for one FTE (complaint analyst level) to investigate complaints. [Senate 4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting); House 4/27: 93-0; Gov signed 5/20]
HF 848 makes changes to Iowa’s broadband grant program administered by the Office of Chief Information Officer (OCIO). The bill sets up a framework for awarding grants but does not allocate funds. The goal is to expand broadband across the state, improve speeds and encourage rapid deployment by providers. The emphasis is on connecting Iowans who do not have a communications service provider that offers broadband internet access in their communities.
Highlights of the bill include:
Expanding the use of money in the Empower Rural Iowa Broadband Grant Fund to include the Fiberoptic Network Conduit Installation Program. This program to install fiberoptic network conduit where it doesn’t exist. The bill ups the amount that may be used to administer and operate the Grant Program and the Fiberoptic Network Conduit Installation Program from 1% to 2.5% of money in the Fund at the start of the Fiscal Year.
Eliminating certain public review provisions relating to the application process for grants.
Requiring OCIO to devote one FTE position to evaluate applications for grants, and offer technical assistance to providers applying for federal and other public or private funds.
Modifying the definition of “targeted service area” (TSA) with a three-tiered system: Tier 1-Maximum download speed of less than 25 megabits per second and a maximum upload speed of less than three megabits per second; Tier 2-Minimum download speed of greater than or equal to 25 megabits per second but less than 50 megabits per second; and Tier 3-Minimum download speed of greater than or equal to 50 megabits per second but less than 80 megabits per second.
Redefining “underserved area” to mean any portion of a TSA in which no communications service provider facilitates broadband service meeting the Tier 1 download and upload speeds.
Requiring that service providers awarded grants provide a minimum download speed of 100 megabits per second and a minimum upload speed of 100 megabits per second in targeted service areas, with exceptions in Tier 1 (areas where projects must be capable of 100/20 to receive a 50% match).
OCIO is not required to make renewed determinations of whether a communications service provider facilitates broadband service at or above the Tier 1, Tier 2 or Tier 3 download and upload speeds more than once a year, as determined by broadband availability maps.
OCIO will award grants not to exceed 50% of the total project cost to those that facilitate broadband service providing minimum download speeds of 100 megabits per second and minimum upload speeds of 20 megabits per second in a targeted service area in which no communications service provider offers or facilitates broadband service that provides download and upload speeds less than or equal to the Tier 1 speeds. At least 20% of the total grants must be awarded to projects in targeted service areas where no communications service provider offers speeds less than or equal to the Tier 1 speeds. Grant amounts are 75% of total costs for projects in a TSA where no provider offers or facilitates broadband service with download and upload speeds less than or equal to Tier 1; 50% for projects in a TSA where no provider offers or facilitates broadband service that provides download and upload speeds less than or equal to Tier 2; 35% for projects in a TSA where no provider offers or facilitates broadband service that provides download and upload speeds less than or equal to Tier 3.
Setting criteria for the OCIO to consider when reviewing an application for a grant. OCIO must give the greatest weight to factors (1), (2), (3) and (6):
(1) The relative need for broadband infrastructure in the area and the existing broadband service speeds, including whether the project serves a rural area. (2) The applicant’s total proposed budget for the project, including (a) amount or percentage of local or federal matching funds and any funding obligations shared between public and private entities, and (b) percentage of funding provided directly from the applicant, including whether the applicant requested an amount less than the maximum the office could award and if so, the percentage of the project cost that the applicant is requesting. (3) The relative download and upload speeds of proposed projects for all applicants. (4) The specific product attributes resulting from the proposed project, including technologies that provide higher qualities of service, such as service levels, latency and other service attributes as determined by the office. (5) The percentage of the homes, farms, schools and businesses in the targeted service area that will be provided access to broadband service. (6) The proportion of proposed projects that will result in the installation of infrastructure in a TSA within which the only broadband service available provides the Tier 1 download and upload speeds. (7) Other factors the office deems relevant.
Eliminating the prohibition on awarding grants from the Empower Rural Iowa Broadband Grant Fund on or after July 1, 2025.
Money in the Fund that has been awarded but not paid to a provider remains available to OCIO to administer the award.
Requiring the OCIO to adopt rules relating to the Broadband Grant Program process, management and measurements.
Authorizing the OCIO to adopt emergency rules.
Requiring the OCIO to adopt rules establishing procedures to allow applicants an opportunity to challenge awards granted by OCIO.
Effective upon enactment. [Senate 4/6: 47-0 (Excused: Hogg, Nunn, Schultz): House 3/29: 94-0; Gov signed 4/28]
HF 857—Butchery Innovation and Revitalization Fund and Program
HF 857 creates a Butchery Innovation and Revitalization Fund and Program to award finical assistance (grants, low-interest loans and forgivable loans) to eligible businesses for expanding or refurbishing a small-scale meat processing business, licensed custom locker or mobile slaughter unit. Iowa Economic Development Authority (IEDA) will consult with Department of Agriculture (IDALS) to administer the program and to adopt administrative rules. IEDA can use up to 5% of the moneys in the fund for administration, marketing, technical assistance and other program support.
The bill provides eligibility criteria, including that the business employ fewer than 50 individuals. Applications will be scored and awarded based on a priority list that includes creation of new jobs, opportunities for local small-scale farmers to market processed meat under private labels, and greater flexibility or convenience for local small-scale farmers to have animals processed.
There is no appropriation in the bill. The Economic Development Budget, HF 871, appropriates $750,000 to the program.
The bill creates an Artisanal Butchery Task Force within the IDALS explore the feasibility of an artisanal butchery program at a community college or state university. Task force members will be appointed by the Iowa Secretary of Agriculture from groups specified in the bill. IDALS will provide staff and administrative support. The task force will submit its findings and recommendations to the Legislature by December 31. [Senate 5/19: 48-0 (Excused: Nunn, Williams); House 5/19: 48-0; Gov signed 6/9]
HF 860 is the FY22 budget for the Department of Agriculture and the Department of Natural Resources.
FY21 Appropriation $43.2 million FY22 Appropriation $48.8 million Difference $5.6 million Percent increase* 13%
IDALS will receive an increase of $182,515 over FY21 in their general operations line item, roughly a 1% increase.
DNR will receive an increase of $135,000 over FY21 in their general operations line item, roughly a 1.1% increase.
DNR will receive $1 million from the General Fund for state park operations. This is above what the department would use from their general operations budget and what is included in Environment First Fund.
Foreign Animal Disease prevention will receive $750,000, which is an increase of $250,000 over FY21.
The new Value-Added Agriculture grant program will receive $250,000.
The bill includes $250,000 for the Southern Iowa Development and Conservation Authority.
The bill provides $400,000 from the General Fund to the Loess Hills Development and Conservation Authority, with an additional $140,000 coming through a special carve-out in the cost-share program. This is a change from FY21, when $50,000 came from the General Fund and $490,000 was from the cost-share program. This change in funding sources does not provide any additional funds to the Hungry Canyons program or the Loess Hills Alliance, but open up an additional $350,000 under the cost-share program for district initiatives.
The bill creates a new $5 million standing appropriation from the General Fund for the Renewable Fuels Infrastructure grant program. This funding is not conditional on the passage of legislation setting standards for the sale of renewable fuels by retailers. This is an increase of $2 million over FY21 and change the funding source from RIIF to the General Fund.
The bill:
Requires a study of visitor parking availability at state parks
Extends the REAP program by three years through 2026
Extends the $15 million allocation from RIIF to the Water Quality Infrastructure Fund by 10 years to 2039. This was established by SF 512 in 2018.
Requires longer-term budget planning and reporting by the state geologist
Bottom-line budget concerns
The budget provides minimal increases to department operating budgets, and final funding for foreign animal disease and value-added agriculture grant programs are less than the Governor’s requests for those programs.
Funding for DNR is particularly worrying. State parks have had a significant increase in use since the onset of the pandemic as Iowans look for safe recreation opportunities close to home. The derecho had a major impact on the state’s tree canopy, particularly in communities that were in the path of the storm.
Water quality issues continue to be a long-term problem for the state. The Governor has shelved her “Invest in Iowa” plan, which would have provided funding for IWILL through the voter-approved Natural Resources and Outdoor Recreation trust fund. Without that, the majority of water-quality funding will continue to come through the Environment First Fund and the Infrastructure budget, as well as programs established by SF 512 in 2019, which are funded by a portion of the excise tax on water service and are under the control of IDALS and the Iowa Finance Authority (IFA). Those programs receive significant funding but not much of that funding has been distributed to water-quality projects around the state. [Senate 5/17: 28-17 (Yes: Republicans, Kinney; Excused: Goodwin, Johnson, Nunn, Schultz, Williams); House 5/18: 54-36; Gov signed 6/2]
HF 861 is the Justice System appropriations bill. The Justice System includes the Attorney General’s Office, Civil Rights Commission, Department of Corrections (including Community Based Corrections), Criminal and Juvenile Justice Planning, State Public Defender, Indigent Defense Fund (administered by the State Public Defender), Iowa Law Enforcement Academy, Board of Parole, Department of Public Defense, Department of Public Safety, and Homeland Security and Emergency Management. The bill appropriates $620,314,992 for FY22, an increase of $35,238,809 over FY21.
Division I – Appropriations:
Attorney General– $354,970 “general office” increase. This will allow for the hire of two additional FTEs.
No increase for Victim Assistance Grants
No increase for Legal Aid
Department of Corrections – increase of $20,474,540. Approximately half of that increase, $10,079,991, is for “department wide duties,” which allows the Department to distribute the money as it sees appropriate. The remainder is distributed among the institutions and the CBCs. The appropriation to the DOC includes non-reversion language.
Prison or CBC District
Increase Over FY 21
Ft. Madison
$840,572
Anamosa
$3,000,000
Oakdale
$1,078,643
Newton
$572,261
Mt. Pleasant
$777,385
Rockwell City
$217,345
Clarinda
$514,796
Mitchellville
$496,114
Fort Dodge
$578,194
CBC District 1
$334,604
CBC District 2
$257,041
CBC District 3
$194,849
CBC District 4
$126,326
CBC District 5
$506,207
CBC District 6
$361,990
CBC District 7
$199,746
CBC District 8
$214,125
CBC Statewide
$663,219
Department of Public Safety – $10,558,711 increase. Those increases include:
Division
Increase over FY 21
Administration
$972,771
Division of Criminal Investigation (DCI)
$4,053,288 ($1.1 Million of this is for seven special agent II’s)
Narcotics Enforcement
$288,371
Fire Marshal
$217,640
State Patrol
$2,890,316
Office to Combat Human Trafficking
$47,325
Public Safety Equipment Fund (This is a new fund)
$2,500,000
State Public Defender increase of $2,338,738. This is intended for hiring at least an additional 10 FTEs (attorneys) to place in rural courthouses for representation of indigent defendants. There is an increase of $199,926 to the Indigent Defense Fund, which is administered by the State Public Defender.
Iowa Law Enforcement Academy increase of $101,835. This will allow for hiring an additional law enforcement officer and to cover costs to implement HF 2647, the Criminal Justice Reform Act.
Homeland Security and Emergency Management increase of $548,366 ($400,000 of that is for a Levee Systems Efficiency Study).
Department of Public Defense increase of $488,461. This increase provides funding for various deferred maintenance projects and helps refill unfunded FTE positions.
Civil Rights Commission increase of $65,819.
Criminal and Juvenile Justice Planning(CJJP) increase of $61,969.
There is also $140,000 appropriated to Criminal and Juvenile Justice Planning to funnel through a grant to a city with a higher than average juvenile crime rate. This language was initially put in the Justice System Budget two years ago and the intention (by the Republicans) was that this grant was to go to Davenport. But for the last two years, the grant has gone to Des Moines. So, the language in this bill has been changed, apparently in an effort to ensure that the grant goes to Davenport.
Board of Parole increase of $45,474.
MISCELLANEOUS:
Attorney General and the Second Injury Fund: This Division increases the amount that may be provided to the Attorney General as reimbursement from the Second Injury Fund for representing the State Treasurer in proceedings arising under the Second Injury Compensation Act.
Significant Language in the Bill and FTE Changes:
Adds an additional two FTEs to the Victim Assistance Division of the Attorney General’s Office for implementing the Sexual Assault Forensic Exam bill. These FTEs will be paid for with federal grant funding.
Adds language relating to special agent II’s (gaming enforcement officers). Seven licensees with the lowest adjusted gross receipts will only be required to pay for two special agent II’s for their facility. Previously, every gaming facility had to pay for three FTE agents. The remaining seven special agents will be paid for out of the Department of Public Safety general fund appropriation.
Creates a new Bureau of Cyber-Crime within the Division of Criminal Investigation of the Department of Public Safety. The bureau will investigate crimes with a nexus to the internet or computer technology, including child exploitation and cyber intrusion. This will add seven additional FTEs.
Creates a Department of Corrections Survivor Benefits Fund using lottery revenues. The Department will distribute moneys credited to the fund in the form of grants to nonprofit organizations that provide resources to assist surviving families of employees of the Department of Corrections killed in the line of duty to help pay costs of accident or health care coverage. The governing body of the state will permit continuation of existing health insurance coverage for the surviving spouse and each surviving child of an employee of the Department of Corrections who dies and who is reasonably expected to be an “eligible employee”.
Increases the hourly rates by $3 per hour for Indigent Defense Fund contract attorneys who do criminal cases. Class “A” felonies – $76 per hour; Class B felonies – $71 per hour; all other types of cases – $66 per hour.
Increases the amount of the appropriation from the Consumer Education and Litigation Fund by $500,000 and two FTE positions in the Attorney General Administrative Services Division. [Senate 5/18: 47-0 (Excused: Hogg, Nunn, Williams); House 5/17: 53-36; Gov signed 6/8]
HF 862—Rebuild Iowa Infrastructure Fund (RIIF) Budget
HF 862 makes appropriations to state departments and agencies from the Rebuild Iowa infrastructure Fund (RIIF) and the Technology Reinvestment Fund (TRF), the Sports Wagering Receipts Fund and the Autism Support Fund. The legislation also fully funds standing appropriations of $42 million to the Environment First Fund and $3 million to the State Housing Trust Fund.
DAS
Statehouse Corner Domes projects: $5,250,000; FY23 – $5,250,000
Both Funds have previously enacted FY22 appropriations of $1,000,000 each
State Wagering Tax Fund: to IEDA/Sports Tourism Program, FY22: $1,500,000
Adds “professional sporting events” (any sporting events for which competing athletes are paid) to definition of entities eligible to apply. Policy language to Sports Tourism (proposed by IEDA/IFA):
Homeland Security and Emergency Management – School safety, flood mitigation, emergency services programs, FY22 – $2,500,000; FY23 – $2,000,000 (no specific language for RAVE)
Human Services
Eldora State Training School: Convert open dorm space to individual rooms – $6,500,000
HF 864 appropriates $193,240,252 to the Judicial Branch for FY22. That is $9,116,515 over FY21, a 4.95% increase. Highlights include:
A 3% raise for all judicial officers (judges and magistrates).
Language that allows non-lawyer magistrates to continue to be reappointed to a position they are currently serving in.
There is a $500,000 increase for the Jury and Witness Fee Revolving Fund for payment of interpreter costs. HF 707 consolidates all the fee payments for interpreters to be paid by the Judicial Branch.
The judicial officer salary increases will cost $1.4 million
That leaves approximately $7.2 million to fill staff positions that have been held open.
Broadband (OCIO): $100 million over three years. (Governor: $150 million/year for three years)
There is no appropriation for Workday in FY22 in this budget. (It’s in the RIIF budget.)
DAS/Utilities: An increase of $1,456,271 FY22 for a total of $5.3 million. This increase is needed as utility rates continue to rise. Any money that is not spent in FY20 will carry forward for utility costs in FY23.
Public Information Board: $15,000 increase for office expenses
Campaign & Disclosure: $52,000 increase to cover personnel and web reporting updates. Requires the Board to revert moneys back to the General Fund at the end of the fiscal year in an amount equal to what the Board receives for information technology-related expenses through the IOWAccess Revolving Fund, but not to exceed $12,600.
Terrace Hill Operations: An increase of $43,00 from FY21 for maintenance and care.
Secretary of State: $250,000 increase to restore to FY20 level due to cuts from FY21.
DIA: Nursing home inspections are not at the level Senate Democrats had for elder safety.
CASA: GOP level does not cover all 99 counties like Senate Democrats had for child protection.
New Language:
Insurance Division: $75,000 for FTE to investigate financial exploitation (Commerce Revolving Fund)
Racing and Gaming Commission: $200,000 from the gaming regulatory fund for socioeconomic study on the impact of gambling in Iowa. This happens every 10 years.
Racing and Gaming Commission: Strikes language requiring the Racing and Gaming Commission Regulation to use their appropriation for website construction and maintenance.
DIA: Coordinate with the Investigations Division of the Department of Inspections and Appeals to provide a report to the Legislature by December 1, 2021, regarding the Division’s investigatory efforts related to fraud in public assistance programs
Language originally in SF 417 (from Senate State Government and referred back to State Government)
Eliminate $2 fee for a copy of the US Census results by anyone.
Eliminate $3 for a certificate with the seal attached.
Eliminate $25 per day prior to issuing a transient merchant’s license. [Senate 4/28: 47-0 (Excused: Hogg, Nunn, Schultz); House 4/21: 55-37; Gov signed 5/24]
HF 868 is the FY22 budgets of the Department of Blind, College Student Aid Commission, the Department of Education and the Board of Regents. It appropriates $972.4 million, which is an $26.4 million increase over last year.
Departmentfor the Blind:$529,000 increase. This includes $201,000 to cover the State match to draw down federal funding for a 4Plus Program to serve high school graduates that still have Individualized Education Program (IEP) goals or transition needs, and $78,000 to add one Independent Living Team teacher.
College Student Aid Commission: $11.8 million increase, total of $85.7 million and 16% increase. The largest part of this increase is a $10 million increase for the Future Ready Last Dollar Scholarship.
Health Care Professional Recruitment (Doctors): Increase of $100,000, a 25% increase. This program was only for Des Moines University. This year, HF 196 expanded eligibility to all medical students in Iowa.
Rural Primary Care Loan Repayment Program: Increase of $300,000, a 21% increase. Originally targeted to physicians, but expanded into other health-related professions.
All Iowa Opportunity Scholarship: Status quo funding of $3 million. Language includes private college eligibility.
Policy Changes: Adds surviving step children to the All Iowa Opportunity Scholarship and adds the children and stepchildren of Department of Corrections employees to the priority list.
Future Ready Last Dollar Scholarship: Increase of $10 million, a 77% increase. The program provides financial aid to students attending community colleges. It’s focused on credentials/associate degrees that lead to high-demand jobs. Eligibility is for recent high school graduates or adult learners age 20 or older.
Transfers: Transfers $54,000 from the Future Ready Iowa Skilled Workforce Grant Fund and $700,000 from the Future Ready Iowa Grant Fund to the Future Ready Last-Dollar Scholarship Fund.
Policy Change: Increases the barber and cosmetology award cap from $80,000 to $100,000.
Community Colleges: $6.5 million increase, for a total of $215 million (a 3.1% increase).
Board of Regents: $0 increase. Regents requested an increase of $18 million for FY22, which would have limited tuition increases to 3%. Last year, the Republicans cut the Regents by $8 million. Higher Education Institutions do receive federal COVID relief money but half of that goes directly to student relief checks.
No tuition freeze, but prohibits the Regents from reducing the universities’ FY22 police department budgets.
Specialty schools get a 2.4% increase, matching SSA.
Specifies a $150,000 increase for ISU Extension is to host the National Association of County Agricultural Agents 2023 national meeting.
Interim Request: Requests the Legislative Council to establish an interim study committee to look at the Board of Regents’ administrative costs, staffing allocations and levels, and graduation and student retention rates for each academic program at each Regent institution.
Department of Education:An increase of $7.1 million, for a total of $314 million funding. Key increases are highlighted below. All other lines are status quo from last year’s appropriation.
Requires the ECI State Board approval for expenditures for professional development and training activities. Eliminates the requirement of using funding estimates when identifying available funding and changes the allowed use for administration from 3 to 5%.
Vocational Rehabilitation Division:$300,000 increase. Vocational-Rehab gets a state-federal match of 21% to 79%. The $300,000 increase will generate $1.1 million new federal funds. This money will be used for vocational-rehabilitation services to juveniles with disabilities within the Iowa correctional system.
Iowa PBS: $100,000 increase to restore, catalogue and digitize video archives.
Skilled Worker and Job Creation Fund (SWJCF) is funded with gaming revenue. It includes most community college job training and tuition assistance. Status quo funding for FY22 is $40.3 million.
Policy and Statute Changes:
Creates a grant program that requires SBRC approval to access funds. School districts may apply to the SBRC for a modified supplemental amount if the district has more preschool students in 2021-2022 than they did in 2020-2021. Any district with an ending balance in their PreK fund of 25% of total budget or more, “may” be considered for additional funding. If a district has less than 25% of their PreK budget in reserves, they “must” be approved for additional funding. The money is supposed to come from the Governor’s federal Covid funds.
Requires the DE and iJAG to convene a task force on growing a diverse teacher base in Iowa. The bill specifies the membership of the task force and its duties and requires a report of its findings and recommendations by December 15.
Operational Sharing Expanding Positions: Allows mental health professionals who hold a statement of professional recognition issued by the BOEE to participate in operational sharing.
Forgives the day of school that Independence School District was closed to host the funeral for Sergeant Jim Smith.
New Accreditation and Penalty Code Sections:
Requires the DE to add to its website general guidance for parents and community members who have concerns about school districts or their governing boards.
Phase I monitoring – NEW language lists out specific requirements and suggestions, as opposed to current Code which is more general and doesn’t require an on-site visit. NEW Phase I monitoring may include the following:
A review of district finances and school board policies by DE staff or a neutral third party.
DE must provide a public report annually of findings of noncompliance and required corrective actions for each accredited school and school district.
DE must provide a written report annually to the State Board of any monitoring review resulting in multiple or substantial findings of noncompliance that remain uncorrected for more than 30 days.
Phase II monitoring must take place when either the annual monitoring or the biennial on-site visit of phase I (currently this is every 5 years) indicates a school is deficient with accreditation standards.
Enforcement:
DE must coordinate its enforcement of Ch. 216 with the Iowa state civil rights commission to reduce duplication of efforts. Note: This is new language and unclear what this will mean in practice.
If, after having an opportunity to correct, a school district is found to be in noncompliance with federal education laws or HF 744 (free speech), or HF 802 (prohibition on certain diversity training and education), the director must recommend that the state board may do one of the following:
Impose conditions on funding, including directing the use of school district funds.
Withhold payment of state or federal funds to a school district, in whole or in part, until noncompliance is corrected. Initial withholding of state funds is at the discretion of the director for 60 calendar days, after which it is subject to approval of the State Board every 60 calendar days. Withholding of federal funds is subject to the governing federal statute or regulation.
Petition for public hearing: If 10% of voters who voted in the last school board election or 500 eligible electors, whichever is less, sign a petition, the school board must add that agenda item and public comment to the next school board meeting. If the proposal relates to curriculum, the school district may halt use of the curriculum until the school board holds the public hearing and decides on the proposal.
Discipline and personal conduct standards: A school district must include in the student handbook the same info required on the DE website for parents and community members who have concerns about school districts or their governing boards.
Training for equity coordinators:
The DE director must develop and distribute to school districts “standards of practice” for equity coordinators. To provide “consistency in training,” the director must develop and distribute a training program on free speech to be used by school districts annually.
A school board must provide training on free speech under the First Amendment to the U.S. Constitution to any equity coordinator employed by the school district annually.
BOEE: Must establish, collect and assess fees from a school administrator for the administrative costs of processing complaints and conducting hearings if the administrator is sanctioned by BOEE. The fees established for the administrative costs of processing complaints and conducting hearings may include a fee for personal service by a sheriff, a fee for legal notice when placed in a newspaper, a court reporter fee and any other fees. The fees collected must be retained by BOEE [Senate 5/18: 28-17, party-line (Excused: Goodwin, Hogg, Johnson, Nunn, Williams); House 5/18: 54-35; Gov signed 6/8]
HF 871 is the Republican FY22 Economic Development budget. It provides funding for the Department of Cultural Affairs, Iowa Economic Development Authority, Iowa Finance Authority, Iowa Workforce Development, Public Employment Relations Board, and economic development activities at the Regents institutions. The bill provides approximately $48 million from the General Fund and $28 million from other funds.
The bill authorizes 556.68 FTEs, which is a 2.39 increase in FTEs over FY21.
FY22 General Fund Appropriation $48 million
FY21 General Fund Appropriation $41.5 million
Difference $6.4 million
Percent change 15.45% increase
Items of interest in the bill:
General Fund
General Fund status quo for the Department of Cultural Affairs, Iowa Finance Authority and the Public Employment Relations Board.
Iowa Economic Development Authority: $1 million increase from FY21.
Future Ready Apprenticeships Program: $240,000 decrease from FY21.
NEW–Regional Sports Authority: $500,000, NEW General Fund line item. In FY21, this program was funded out of RIIF.
NEW–Butchery Innovation and Revitalization: $750,000, NEW General Fund line item. The purpose of financial assistance to meat processing businesses, licensed custom lockers and mobile slaughter units. See HF 857 regarding the Butchery Innovation and Revitalization Program Bill.
Iowa Workforce Development: Increase appropriation to the Future Ready Iowa Employer Innovation Fund (including the Child Care Challenge Fund) of $3 million over FY21
$4.2 million is appropriated to the Employer Innovation Fund (increase of $3 million over FY21). According to the Code, IWD, after consulting with the IWD Board, will decide how much will be transferred to the Child Care Challenge Fund. Child Care Challenge grants will encourage and enable businesses, nonprofits and consortiums to establish local child care facilities and increase the availability of quality, affordable child care for working Iowans.
Board of Regents: $2.4 million increase from FY21
UNI—Additive Manufacturing: status quo
ISU—Biosciences Innovation Ecosystem: $1.8 million increase (total = $2.6 million)
University of Iowa—Biosciences Innovation Ecosystem: $603,339 increase (total =$874,494)
Other Funds
Other funds appropriated in this bill consist of the Skilled Worker Job Creation Fund, Special Contingency Fund (i.e., Penalty and Interest), Unemployment Reserve Interest, Workforce Development Account (withholding dollars), and Beer and Liquor Control Fund.
Skilled Worker and Job Creation Fund – Iowa Economic Development Authority
Empower Rural Iowa: The budget shows an elimination/reduction of $300,000 and $100,000 to the Empower Rural Iowa Innovation Grants and Empower Rural Iowa Housing Needs Assessment. Then it shows a new line item called Empower Rural Iowa Program funded at $700,000. The Rural Innovation Grants and the Rural Housing Needs Assessment will roll under this larger program.
STEM BEST: Anew appropriation for the Future Ready Iowa STEM BEST (Businesses Engaging Students and Teachers) Program. The STEM Advisory Council has awarded 75 STEM BEST Program grants since 2014 to grow community collaborations involving school and business partnerships. The program seeks to bridge cultures between businesses and schools through education programs in the fields of manufacturing, information technology, bioscience, finance and more, while focusing on business applications. The new appropriation is $700,000.
NEW Tourism: $1 million transfer from the Department of Commerce Beer and Liquor Control Fund to the Iowa Economic Development Authority.
This is a Code change and the transfer of $1 million to IEDA will happen annually.
Requires IEDA to issue a single request for proposal to select an Iowa entity to leverage public and private partnerships to market and promote the state as a travel destination.
NEW 260F Job Training Funds: $1.75 million
Increases the standing limited appropriation from the Workforce Development Account to the Job Training Fund by $1.75 million compared to FY21.
College Student Aid Commission
Elimination of $1 million to theFuture Ready Iowa Grant Program at the College Student Aid Commission. The Fund was established to help those who left college to re-enroll in a four-year institution for a bachelor’s degree in a high-demand field. This line item had a carryover of $300,000 into FY21 (total available for FY21=$1.3 million). Currently, only $100,000 has been awarded in FY21.
Significant Policy included in this bill
Butchery Innovation and Revitalization Program: Specifies that appropriations to the Butchery Innovation and Revitalization Program are effective July 1, 2021.
Broadband Access, Certifications: Creates the Broadband Forward Certification and Telecommuter Forward Certification Programs within the IEDA. The bill clarifies who the Office of the Chief Information Officer (OCIO) is to consult and coordinate with to provide for installation of fiberoptic network cable. Establishes definitions for the Broadband Forward Certification Program and Telecommuter Forward Certification Program. Establishes the Broadband Forward Certification Program and Telecommuter Forward Certification Program within the IEDA. Directs IEDA to develop criteria for evaluating applications for both the Broadband Forward Certification Program and the Telecommuter Forward Certification Program.
Unemployment Work Search Requirements Waiver/Short-Term Temporary Layoff: Allows Iowa Workforce Development (IWD) to establish by rule a process to waive or alter work-search requirements for an unemployment claim if an individual has a reasonable expectation that they will be returning to work and is attached to a regular job or industry or a member in good standing of a union eligible for referral for employment. The individual must be attached to a regular job on a “short-term temporary layoff.” If work is not available at the conclusion of the layoff due to short-term circumstances beyond the employers’ control, the employer may request an extension of the waiver or alteration for up to two weeks. The bill defines “short-term temporary layoff” as a layoff period of 16 weeks or less due to seasonal weather conditions that impact the ability to perform work related to highway contraction, repair or maintenance with a specific return-to-work date verified by the employer. This change is effective upon enactment.
National Electrical Code: Mandates the state electrical examining board use the 2020 national electrical code, which was effective May 1, 2021, until there is another edition of the nation electrical code or there are subsequent amendments issued and adopted to the 2020 version of the national electrical code. [Senate 5/18: 44-0, (Excused: Goodwin, Hogg, Johnson, Nunn, Schultz, Williams); House 5/18: 54-36; Gov signed 6/8]
HF 891 provides funding for the Department of Human Services (DHS), including Medicaid; Department of Public Health (IDPH); and Veteran’s Affairs, including the Veteran’s Home. It appropriated $2,047,813,669, an increase of $59,370,842 over FY21.
No supplemental appropriation was necessary for Medicaid due to the enhanced FMAP rate provided during the Public Health Emergency.
General Fund
Est. FY21
Gov FY22
Senate Repub FY22
House Repub FY22
FY22 FINAL
Diff FINAL 22 vs FY21
Aging
$12,314,203
$12,314,203
$12,453,903
$12,314,203
12,453,903
139,700
IDPH
$53,995,021
$55,576,402
$56,826,402
$55,136,402
$56,136.402
2,141,381
VA
$4,219,763
$4,219,763
$11,351,315
$11,651,285
11,351,315
0
DHS
$1,910,782,288
$1,964,262,731
$1,944,862,731
$1,968,691,189
$1,967,872,049
57,089,761
TOTAL
$1,988,442,827
$2,043,504,651
$2,025,494,351
$2,047,793,079
$2,047,813,669
59,370,842
Increases
Department on Aging
Department on Aging and the Office of Long-Term Care Ombudsman receive no increases and are funded at the FY21 level.
An increase of $137,900 is provided to the Retired Senior Volunteer Program (RSVP) through the Iowa Commission on Volunteer Services at the Economic Development Authority.
Department of Public Health
$35,000 increase for PKU food.
$425,000 to create two Centers of Excellence programs to encourage innovation and collaboration among regional health care providers.
$1 million (for a total of $1.6 million) to Iowa Prescription Drug Corporation for one-time funding to support program expansion and implementation of an automated multi-dose packaging system using unused and donated drugs.
$200,000 (for a total of $600,000) to the Rural Psychiatric Residency Program.
$381,381 for three additional FTEs at the State Medical Examiner’s Office: one physician, one investigator and one support staff.
Veteran’s Affairs – Veteran’s Affairs, including the Home Ownership Assistance Program, Veteran’s County Grants and the Iowa Veteran’s Home, received no increases for FY22 and remain at the FY21 funding level.
Department of Human Services
$1 million increase to FaDSS (Family Development and Self Sufficiency Program)
$1,075,072 for Child Support Recovery Unit for administrative cost increases and replacing federal incentive funds
$358,659 for Children’s Health Insurance to fully fund the program at the March forecast estimate
$1,367,580 for the Boys State Training School in Eldora for a Youth Services Worker Recruitment and Retention program ($670,203); carryforward replacement (326,679); administration (290,520); and salary costs (80,178)
$1,211,629 for Cherokee Mental Health Institute to replace carryforward ($1,046,132); administrative increases ($102,093); and salary costs ($63,404)
$450,735 for Independence Mental Health Institute to replace carryforward ($367,740); administrative increases (61,218); and salary costs (41,210)
$1,324,577 increase for Woodward Resource Center and a $1,897,994 decrease for Glenwood Resource Center that includes increases for administration, salary and replacing funds, as well as a shift of patients from Glenwood to Woodward
$1,573,162 for the Civil Commitment Unit for Sexual Offenders (CCUSO) to replace carryforward ($1,718,762); annualize salaries ($77,698)
$4,996,269 for Field Operations to replace carryforward ($2,245,801); replace one-time revenue for new FTEs in FY21 ($1,301,137); 53 new FTEs over two years ($765,685); salary costs ($382,899); and administrative increases ($300,747)
$769,656 for General Administration
$800,000 for Nursing Home Infrastructure (transfers this expense to General Fund from RIIF)
$53,039,410 for MHDS Regions [not in this bill—seeSF 619]
Medicaid
$19,080,860 increase for nursing facilities
$11,002,240 for Home and Community Based Services provider rate increases; approximately a 5.25% increase
$3.9 million for Psychiatric Medical Institute for Children (PMIC) provider rate increases, a 27% increase.
$100,000 for air ambulance provider rate increase. Medicaid rates are much lower than Medicare and Commercial.
$2 million increase for Home Health rates
$7,134,214 increase for Home Based Habilitation rates
$1,031,530 to reduce the Children’s Mental Health Waiver waiting list
Applicants for the Center of Excellence Program will be required to complete a five-year sustainability plan prior to being awarded any funds
DHS must comply with CMS guidance related to receiving the 6.2% enhanced FMAP and return to normal eligibility and enrollment operations as soon as possible
Use of HCBS technical assistance and training funds is broadened so funds can be used to include all waivers and children.
DHS is instructed to increase child care provider rates as required by federal guidelines with available funding. The rates will move to the 50th percentile of the most recent survey and adjustments to the Quality Rating System will be made. Child Care Assistance provider rate increases; no money is included for this as DHS has enough money to do the increase and the increase is federally required.
Carryforward language for DHS general administration and Field Operations.
Public Health Emergency Provisions – Federal COVID 19 regulations take precedence (over any state policy)
DHS must provide home and property coverage for foster parents to cover damages by foster children.
Polk County can transfer funds from any other fund for mental health services.
This year’s nursing facility rebasing will not be typical calculations due to decreased occupancy during the pandemic but will go back to normal in the next round.
DHS must convene a workgroup to study and make recommendations on the case-mix reimbursement methodology and process for nursing facilities.
The pharmacy dispensing fee is increased to $10.38. The Governor did not item veto section 31 of HF 891, but she did issue a directive that will prevent part of the section from being implemented. The section relates to pharmacy dispensing fee reimbursements. Her directive allows the increase from $10.07 to $10.38 across the board for fee-for-service and managed care to go into effect, but it does NOT allow the MCOs to negotiate a lower rate with the national pharmacy chains.
DHS must amend MCO contracts to allow for a fee-for-service dispensing fee of $10.07 per prescription or a dispensing fee mutually agreed to by the MCO and national pharmacies. If this section is not implemented, the increase to $10.38 will not happen.
DHS must review and report on laws and rules related to the telehealth provision of services for Medicaid kids to determine necessary changes to maintain consistency with the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program. Report due October 1.
Extends the Hospital Health Care Access Assessment to the end of FY23.
Expands requirements for payment of court-ordered services by the MCOs for children. DHS and the Court Administrator must determine allocations among Judicial Districts and DHS service areas by June 15.
Supervision requirements for some social workers.
Medical Residency Liability Costs
Revisions to IPOST (Physician Orders Scope of Treatment)
Three new FTEs for Medicaid [Senate 5/17: 43-1 (No: Hogg; Excused: Celsi, Goodwin, Johnson, Nunn, Schultz, Williams); House 5/17: 54-35; Gov signed 6/16]
HF 895 authorizes the receipt and expenditure of the federal block grant funds totaling $368.1 million for Federal Fiscal Years (FFY) 2022 and $368.1 million FFY23. The federal fiscal year begins on October 1. The federal fund levels listed in the bill are based on estimates.
Procedures for reductions or increases of federal funds: The bill specifies how funds will be allocated should the federal funds received be less or more than what is anticipated. If Iowa receives less money (other than the funding for the service to victims of sex offenses and for rape prevention), the Governor must prorate the allocated funds after notifying the Legislature (specifically, chairs and ranking members on Appropriations and appropriate subcommittees) and Legislative Services Agency. The notification must include the allocation plan and the reasoning behind the plan. The chairpersons and ranking members have at least two weeks to review and comment on the proposed action before it is taken. If federal funds are awarded or become available after the Legislature adjourns, they are appropriated to the appropriate department for expenditure, provided the Legislative Council is notified within 30 days of receipt of funds and given an opportunity to review funding and provide comment. The bill also allows for the receipt and expenditure of categorical grants to various state departments.
Programs appropriated: Appropriations include funds for the Substance Abuse Block Grant, Community Health Services, Maternal and Child Health Services, Preventive Health and Health Services, Stop Violence Against Women Grant Program, Residential Substance Treatment for State Prisoners Formula Grant Program, Edward Byrne Memorial Justice Assistance Grant Program, Community Services, Community Development, Surface Transportation Block Grant Program, Low-Income Home Energy Assistance, Social Services (DHS field operations, child and family services, local administrative costs, volunteers) and Child Care and Development.
The bill is similar to the federal block grant bill from 2019. Most differences involve appropriation amounts and new language for certain grants related to Iowa Economic Development Authority (IEDA). Specifically, money is appropriated to IEDA for the Community Development Block from the Disaster Relief Act of 2019. These funds are for FFY18-FFY19. The funds for this grant were not finalized until a later date, thus requiring this language in the federal block grant bill. The bill also includes an appropriation for the Community Development Block grant from the Coronavirus Aid, Relief and Economic Security Act (CARES) for FFY19-FFY20.
Coronavirus Fiscal Recovery Fund: The bill creates an Iowa Coronavirus Fiscal Recovery Fund in Iowa Code. This Fund consists of funds received as part of the American Rescue Plan Act (ARPA) of 2021. The estimated amount of funds that will be deposited into this fund is $1.4 billion. Moneys in the Fund are appropriated to the Office of the Governor and will be used, expended, granted or transferred as determined by the Governor for any of following purposes:
To respond to the public health emergency and its negative economic impacts, including assistance to households, small businesses, nonprofits or impacted industries.
To respond to workers performing essential work during the public health emergency by providing premium pay or grants.
For provisions of government services to the extent revenue was reduced due to the public health emergency compared to revenues collected in FY19.
To make necessary investments in water, sewer or broadband infrastructure.
Coronavirus Capital Projects Fund: The bill creates an Iowa Coronavirus Capital Projects Fund in Iowa Code. This fund consists of funds received as part of the ARPA. Moneys in the Fund are appropriated to the Office of the Governor and will be used, expended, granted or transferred as determined by the Governor. The bill specifies moneys are to carry out critical capital projects directly enabling work, education and health monitoring, in response to the COVID-19 public health emergency.
Coronavirus Relief Fund Reporting: The bill specifies that whenever the Department of Management is required to report to the U.S. Treasury on the funds related to the coronavirus relief, those reports will be submitted to the Legislative Services Agency as well. [Senate 5/19: 48-0 (Excused: Nunn, Williams); House 5/7: 86-1; Gov signed 6/8]
SF 567 – Loans originated by mortgage bankers – VETOED
SF 567 adds certain Iowa-licensed or Iowa-registered mortgage bankers to CH. 535B provisions. It allows non-depository lenders (a.k.a. non-banks) that originate mortgage loans, including Rocket Mortgage/Quicken Loans, to charge the same points and fees as other financial institutions.
The Association of Business and Industry (ABI) and the Iowa Mortgage Association supported the proposal. They stated that these non-depository lenders were “omitted” from mortgage banker legislation passed a few years ago, and also asked the subcommittee to amend the original study bill to include mortgage bankers registered in Iowa.
HF 235 modifies legislation enacted in 2019 that allows a service charge to be applied on certain types of regulated loans that are interest-bearing. The service charge is capped at $30, or 10% of the loan, not to exceed $30. Regulated companies such as Town Financial, headquartered in Des Moines, use pre-computed loans, which are not considered interest-bearing under current law. The typical loans are small loans for appliances, auto repair, car purchases, home repairs and emergency circumstances that impact families. This bill allows a service charge to be applied to both interest-bearing and non-interest-bearing loan products. The Division of Banking and the Consumer Protection Division of the Attorney General’s Office oversee regulated loan companies. Representatives from both offices reviewed the proposed language and had no objections. [2/9: 48-0 (Excused: Hogg, Nunn)]
HF 236 – Reinvestments, collateralization by life insurance companies
HF 236 allows life insurance companies and associations to reinvest cash or cash-equivalent collateral for loans from securities held in their legal reserves in repurchase agreements collateralized by securities in U.S. government obligations maturing in 270 days or more. Current law requires such agreements to mature in less than 270 days. It applies to reinvestments on or after January 1, 2022. The Federation of Iowa Insurers and Principal Financial Group support the change. [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 283 – Defrauding drug, alcohol tests in employment
HF 283creates a new criminal offense of defrauding a drug or alcohol test in employment. It defines a drug or alcohol test given in a private-sector workplace and a drug or alcohol test given by a public employer. It prohibits a person from manufacturing, marketing, selling, distributing, using or possessing synthetic urine, or a urine additive to defraud a drug or alcohol test, and prohibits a person from using their own urine expelled or withdrawn prior to the collection of a urine sample for a test, or from using the urine of another person to defraud a drug or alcohol test. It allows a person who collects a urine sample from another person for a drug or alcohol test, who knows or suspects the other person used synthetic urine or a urine additive, to report that information to law enforcement.
A violation is a simple misdemeanor for a first offense and a serious misdemeanor for subsequent offenses. A simple misdemeanor is punishable by up to 30 days in jail, or a fine of $65 to $625, or by both. A serious misdemeanor is punishable by up to one year in jail and a fine of $315 to $1,875. The court may require a substance-abuse evaluation and treatment, to be completed at the defendant’s expense, through a program licensed by the Iowa Department of Public Health in lieu of or in addition to other penalties. The bill does not apply to synthetic urine or urine additive used solely for education or law enforcement purposes. HF 283 passed the House 61-30. [2/17: 32-16 (Yes: Republicans, Kinney; Excused: Hogg, Nunn)]
HF 304relates to personal delivery devices (PDD), such as Amazon’s “Scout” or FedEx’s “Roxo.” A PDD is a battery-powered land device that can operate autonomously but has human oversight and can be controlled remotely if necessary. A PDD can detect obstacles, change speeds and stop, and is used by companies to deliver goods to customers who choose to use their service. PDDs are primarily used in urban environments and are designed to be operated where a pedestrian can walk, including crosswalks.
The bill requires the business to maintain general liability insurance coverage of at least $500,000 for damages arising from the operation of the device. Each PDD must be clearly marked with a name, unique identification number and contact information of the business operating the device. It must also have a braking system that allows a controlled stop at a safe distance, lighted lamps visible on all sides and additional lighting systems relating to weather conditions. The operator must comply with pedestrian safety and traffic laws and ordinances. If there is no reasonable access to a pedestrian area, a PDD may travel on a road with a maximum speed limit of 40 miles per hour. However, the PDD speed cannot exceed 20 miles per hour or the speed limit of the road, whichever is lower.
Penalties for violations are:
Excess speed: scheduled fine of $30 to $135, plus $5 for each mile over 20 miles per hour.
Operators who fail to meet operation requirements: scheduled fine of $35 for each violation.
Operators who fail to meet identification marker and braking-system specifications: fine of at least $100, but not more than $1,000 for each violation.
Operators who fail to meet required lighting specifications: scheduled fine of $45.
The maximum speed of PDDs in pedestrian areas is limited to six miles per hour. They must travel as far right as practicable when on a roadway. Claims for personal injury or property damage are subject to the laws applicable to such claims arising from pedestrian conduct. A local authority may ban operation of PDDs on roads and pedestrian areas in its jurisdiction, if the operation constitutes a safety hazard. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
HF 555 – Natural gas, propane sales in cities, counties
HF 555prohibits a county or a city from regulating, adopting, enforcing or administering an ordinance, motion, resolution or amendment that bans, impedes, restricts or regulates the use of propane and natural gas as a power source. It grandfathers in current agreements, such LP tanks in counties, cities and municipal utilities, and exempts franchise agreements, which are subject to other state laws and regulations.
Supporters maintain this ensures that consumers have access to diverse energy options to keep the lights, power and heat on. They note that the National Propane Gas Association and the American Gas Association are working to position propane and natural gas as part of the clean energy future, and protect propane and natural gas from actions that would ban or curtail their use.
Opponents say the bill is unnecessary, that no city or county in Iowa has proposed restricting natural gas or propane, and that the proposal stifles flexibility and opportunities for innovation. Sen. Quirmbach offered an amendment (S-1698) that would allow regulation by counties and cities, and specified that the legislation must not be interpreted to restrict a county or city from promoting alternative energy. The amendment lost 18-27 (Yes: Democrats, Rozenboom).
Those registered in favor include ABI, Iowa Propane Gas Association, Iowa Utility Association, Alliant, MidAmerican, Iowa Home Builders Association, FUELIowa (Petroleum Marketers), Iowa Association of Municipal Utilities, Black Hills Energy and Iowa Association of Electric Cooperatives. Opponents include Iowa State Association of Counties, Association of County Supervisors, Iowa League of Cities, County Planning and Zoning Officials of Iowa, Iowa Environmental Council, Environmental Law and Policy Center, and Iowa Sierra Club. The bill passed the House 57-36 (most Democrats voting “no”). [3/29: 29-16 (Yes: Republicans, Kinney, Lykam; No: Democrats, Lofgren; Excused: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]
HF 556clarifies the rights of agricultural equipment dealers to protections when an agreement with a supplier is terminated. It modifies current law regarding when a dealership agreement is terminated by cancellation or non-renewal. Regardless of which party terminated the agreement, the supplier must repurchase equipment and parts in the dealer’s inventory and must repurchase special tools and computer hardware or software required for the dealership. [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 583 is a recommendation by the Iowa Insurance Division based on a model act by the National Council of Insurance Legislators. The goal is to help foster an environment for innovative flood insurance, and give consumers greater choice in purchasing flood insurance coverage. New Code Chapter 515J provides standard provisions for policies to create coverage similar to the federally-backed National Flood Insurance Policy (NFIP) plans. Consumer protections and notices are included to inform the consumer of the policy features. These new sections provide guidance for rate and form filings, use of surplus lines, NFIP notice to applicant, and cancellation and non-renewal requirements.
Flooding is the most frequent and expensive natural disaster in the United States, yet typically not covered through most homeowner’s and renter’s insurance policies. Federal regulatory changes have created an opening where private flood insurance could be less expensive for consumers than options offered through NFIP. Federal officials are working with individual states to facilitate the development of the private flood insurance market so that consumers have access to alternative options. [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 693, a recommendation by the Iowa Utilities Board (IUB), makes technical changes to Iowa Code; authorizes the IUB to again have an administrative law judge on staff to assist with ensuring compliance with legal requirements; codifies practices on advanced estimated assessments; allows the IUB to assess and bill interstate pipeline companies in the same manner as intrastate pipeline companies; aligns civil penalties with federal levels regarding pipeline and hazardous waste safety to eliminate the need for IUB to continually file legislation to match the U.S. Department of Transportation Pipeline and Hazard Materials Safety Administration dollar amounts for fines; and allows the Board to identify when payments will be remitted to the Dual Party Relay Fund. SF 347 modifies the method of computing year-end assessments for telecommunication providers that are registered with the IUB. [4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom)]
HF 719– IID data security, cybersecurity standards
HF 719 is an Iowa Insurance Division recommendation to address an increasing number of data breaches involving large insurers that have exposed and compromised sensitive personal information of millions of consumers. State insurance regulators made re-evaluation of the regulations around cybersecurity and consumer data protection a top priority.
The National Association of Insurance Commissioners drafted the Insurance Data Security Model Law, which was adopted after almost two years of deliberations and input from state insurance regulators, consumer representatives and the insurance industry. In an October 2017 report on the asset management and insurance industries, the U.S. Department of Treasury recommended states promptly adopt the model. If a state does not adopt and implement a model that results in uniform data security regulations within five years, Congress will pass legislation setting forth uniform requirements for insurer data security.
This bill exempts licensees with fewer than 10 employees and licensees compliant with the Health Insurance Portability and Accountability Act (HIPAA). It does not create a private cause of action, or limit an existing private right of action. The Commissioner may adopt rules to administer the law, which takes effect January 1, 2022. [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 775 establishes the crime of unauthorized sampling under Iowa Code section 716.14. A person commits unauthorized sampling if they enter private property without consent of the owner or any other person having real or apparent authority to grant consent, and obtain samples of any materials. A first offense is an aggravated misdemeanor. Second or subsequent offenses are Class “D” felonies. An aggravated misdemeanor is punishable by up to two years in prison and a fine of up to $8,450. A Class “D” felony is punishable by up to five years in prison and a fine of up to $10,245.
Agricultural animals include bovine (cows), caprine (goats), equine (horse), ovine (sheep), porcine (pigs), farm deer, ostriches, rheas, emus, turkeys, chickens, domestic geese or ducks, domestic fowl, honey bees, or fish or aquatic organisms confined to private waters for human consumption. Agricultural crops are any plant produced for food, animal feed, fiber, oil or fuel if the plant is classified as a forage or cereal plant. Agricultural crops specifically include alfalfa, barley, buckwheat, corn, flax, forage, hemp, millet, oats, popcorn, rye, sorghum, soybeans, sunflowers, wheat, or grasses used for forage or silage. Noxious weeds aren’t considered agricultural crops unless produced as research crops.
It also creates Iowa Code section 727.8A to provide that a person who trespasses and uses a camera or electronic surveillance that transmits or records images or data commits an aggravated misdemeanor for a first offense and a Class D felony for a second offense. HF 775 passed the House 72-24. [4/6: 35-11 (No: Bolkcom, Celsi, Giddens, Jochum, Lykam, Mathis, Petersen, Quirmbach, Ragan, Trone Garriott, Wahls; Excused: Dawson, Hogg, Nunn, Schultz)]
HF 805, a recommendation by the Iowa Telecommunications and Technology Commission, creates efficiencies and reduces costs by eliminating a duplicative billing step.
The Iowa Communications Network (ICN) currently invoices customers for the services it provides to them. Some customer agencies require connections to locations where agencies provide services associated with their agency mission. The ICN has had discussions with stakeholders regarding the possibility of providing billing services on behalf of customer agencies, to eliminate the need for the ICN customer to issue a separate bill to their endpoint customer.
The services for which this billing process would occur are not ICN services, but services provided by the ICN’s customer agency and delivered across the ICN’s network. Specific requirements clarify that the billing service is not a means to provide or sell ICN services to entities that are not authorized to receive ICN services directly. [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 838is based on recommendations by the Iowa Insurance Division (IID). The bill:
Imposes a monetary penalty on and provides for license suspension or revocation of a person who violates any order of the Insurance Commissioner, rather than limiting the penalty and suspension or revocation to those violating cease and desist orders.
Allows the Insurance Commissioner to deposit revenue from penalties collected due to insurers’ failure to file a timely own risk and solvency assessment summary report into the Department of Commerce Revolving Fund and into the Insurance Division Regulatory Fund. Currently, these penalties are transferred to the General Fund.
Clarifies that the licenses for advisory organizations are for three years and sets the fee at $100.
Adds a new late fee of $5 (not to exceed $500) for each day after April 15 that a pre-need seller or pre-need sales agent fails to file their annual report, and establishes a late fee of $5 for each day after April 30 that a perpetual care cemetery fails to file its annual pre-need sales report.
Eliminates the $500,000 cap for funds that may be retained in IID’s Regulatory Fund.
Eliminates the $50,000 cap for funds that may be retained in IID’s Enforcement Fund.
Increases the examination fee that is deposited into the Enforcement Fund from $5 to $10.
Lowers the application fee for a motor vehicle service contract form and renewal application from $50 to $35.
The bill gives the Commissioner broad authority to develop a “state innovation waiver” under the Affordable Care Act that would be submitted to the federal government, and to implement changes approved by the federal government through emergency rule-making. The Legislative Council will establish a 15-member study committee to identify and analyze health insurance mandates, and submit its finding and recommendations to the Legislature by December 31. Note: SF 346 was referred to Senate Ways and Means, and the House companion was referred to House Appropriations. [5/19: 35-11 (No: Bolkcom, Boulton, Celsi, Dotzler, Giddens, Hogg, Jochum, Petersen, Quirmbach, J. Smith, Trone Garriott; Excused: Johnson, Nunn, Sinclair, Williams)]
HF 839, an Iowa Insurance Division (IID) recommendation, addresses the financial exploitation of adults 65 or older, and dependent adults 18 or older who are unable to protect their own interests, or unable to perform or obtain services necessary to meet essential needs. It is based on model law from the North American Securities Administrators Association. The new Code sections deal with confidentiality of records, government and third-party disclosures and immunity, and training requirements brokers-dealers and investment advisers must provide to their employees on identifying and reporting financial exploitation. The IID must submit an annual report to the Governor and the Legislature that includes the number of notifications related to the potential financial exploitation, the amount of time IID employees spent investigating the notifications, and the number of founded cases of financial exploitation. Supporters include the Older Iowans Legislature, Principal Financial, Area Agencies on Aging, Hope Haven, Mosaic, Iowa Attorney General, Iowa CareGivers, Iowa Health Care Association, Iowa State Bar Association, and Wells Fargo.
The Administration and Regulation Appropriation bill includes funding for one FTE (complaint analyst level) to investigate complaints. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
HF 848 makes changes to Iowa’s broadband grant program administered by the Office of Chief Information Officer (OCIO). The bill sets up a framework for awarding grants but does not allocate funds. The goal is to expand broadband across the state, improve speeds and encourage rapid deployment by providers. The emphasis is on connecting Iowans who do not have a communications service provider that offers broadband internet access in their communities.
Highlights of the bill include:
Expanding the use of money in the Empower Rural Iowa Broadband Grant Fund to include the Fiberoptic Network Conduit Installation Program. This program to install fiberoptic network conduit where it doesn’t exist. The bill ups the amount that may be used to administer and operate the Grant Program and the Fiberoptic Network Conduit Installation Program from 1% to 2.5% of money in the Fund at the start of the Fiscal Year.
Eliminating certain public review provisions relating to the application process for grants.
Requiring OCIO to devote one FTE position to evaluate applications for grants, and offer technical assistance to providers applying for federal and other public or private funds.
Modifying the definition of “targeted service area” (TSA) with a three-tiered system: Tier 1-Maximum download speed of less than 25 megabits per second and a maximum upload speed of less than three megabits per second; Tier 2-Minimum download speed of greater than or equal to 25 megabits per second but less than 50 megabits per second; and Tier 3-Minimum download speed of greater than or equal to 50 megabits per second but less than 80 megabits per second.
Redefining “underserved area” to mean any portion of a TSA in which no communications service provider facilitates broadband service meeting the Tier 1 download and upload speeds.
Requiring that service providers awarded grants provide a minimum download speed of 100 megabits per second and a minimum upload speed of 100 megabits per second in targeted service areas, with exceptions in Tier 1 (areas where projects must be capable of 100/20 to receive a 50% match).
OCIO is not required to make renewed determinations of whether a communications service provider facilitates broadband service at or above the Tier 1, Tier 2 or Tier 3 download and upload speeds more than once a year, as determined by broadband availability maps.
OCIO will award grants not to exceed 50% of the total project cost to those that facilitate broadband service providing minimum download speeds of 100 megabits per second and minimum upload speeds of 20 megabits per second in a targeted service area in which no communications service provider offers or facilitates broadband service that provides download and upload speeds less than or equal to the Tier 1 speeds. At least 20% of the total grants must be awarded to projects in targeted service areas where no communications service provider offers speeds less than or equal to the Tier 1 speeds. Grant amounts are 75% of total costs for projects in a TSA where no provider offers or facilitates broadband service with download and upload speeds less than or equal to Tier 1; 50% for projects in a TSA where no provider offers or facilitates broadband service that provides download and upload speeds less than or equal to Tier 2; 35% for projects in a TSA where no provider offers or facilitates broadband service that provides download and upload speeds less than or equal to Tier 3.
Setting criteria for the OCIO to consider when reviewing an application for a grant. OCIO must give the greatest weight to factors (1), (2), (3) and (6):
(1) The relative need for broadband infrastructure in the area and the existing broadband service speeds, including whether the project serves a rural area. (2) The applicant’s total proposed budget for the project, including (a) amount or percentage of local or federal matching funds and any funding obligations shared between public and private entities, and (b) percentage of funding provided directly from the applicant, including whether the applicant requested an amount less than the maximum the office could award and if so, the percentage of the project cost that the applicant is requesting. (3) The relative download and upload speeds of proposed projects for all applicants. (4) The specific product attributes resulting from the proposed project, including technologies that provide higher qualities of service, such as service levels, latency and other service attributes as determined by the office. (5) The percentage of the homes, farms, schools and businesses in the targeted service area that will be provided access to broadband service. (6) The proportion of proposed projects that will result in the installation of infrastructure in a TSA within which the only broadband service available provides the Tier 1 download and upload speeds. (7) Other factors the office deems relevant.
Eliminating the prohibition on awarding grants from the Empower Rural Iowa Broadband Grant Fund on or after July 1, 2025.
Money in the Fund that has been awarded but not paid to a provider remains available to OCIO to administer the award.
Requiring the OCIO to adopt rules relating to the Broadband Grant Program process, management and measurements.
Authorizing the OCIO to adopt emergency rules.
Requiring the OCIO to adopt rules establishing procedures to allow applicants an opportunity to challenge awards granted by OCIO.
Effective upon enactment. [4/6: 47-0 (Excused: Hogg, Nunn, Schultz)]
Prohibits the state or any political subdivision from including on an identification card any information regarding whether the cardholder has received a COVID-19 vaccination.
Prohibits a business or governmental entity from requiring a customer, patron, client, patient or other person invited onto the premises to furnish proof of having received a COVID-19 vaccination, a.k.a. “vaccine passport.”
Allows a business or governmental entity to implement a COVID-19 screening protocol that does not require proof of a COVID-19 vaccination.
Prohibits state grants or contracts from being awarded to or renewed with any business or governmental entity that requires proof of COVID-19 vaccination.
“Business” includes retailers required to obtain a sales tax permit, non-profit and not-for-profit organizations, and any establishment open to the public or where entrance is limited by a cover or membership charge. “Business” does not include a health care facility as defined in Ch. 686D.2, including hospitals (135B), a residential care or nursing facilities (135C), surgical or treatment centers (514J.102), residential treatment centers (514J.102), intermediate care facilities for persons with mental illness or intellectual disabilities, hospice programs, elder group homes and assisted living programs.
A “governmental entity” includes the state or any political subdivision that owns, leases or operates buildings under the control of the state or a political subdivision of the state. “Governmental entity” does not include health care facilities (686D.2).
HF 889 passed the House 58-35 on April 28. The bill takes effect upon enactment. [5/5: 32-16 (Yes: Republicans, Giddens, J. Smith; No: Democrats, Carlin; Excused: Hogg, Nunn)]
SF 129 adds obstetrics and gynecology as an area of specialization that qualifies for loan repayment under the Rural Physicians’ Loan Repayment Program. Previously, a person could engage in less than full-time practice under the program if the College Student Aid Commission determined that exceptional circumstances existed. This bill eliminates the exceptional circumstances, thereby allowing the commission and the person to consent to amend the agreement. Under the bill, “less than full-time” means at least 70% of a 40-hour work week. Finally, the bill modifies the definition of “service commitment area” to include a larger area. [1/28: 47-0 (Excused: Brown, Nunn; 1 vacancy)]
SF 130 – Temporary school board member compensation increase
SF 130 provides a one-year exception to the $6,000 annual limitation on compensation for a member of the school board. This is in response to COVID-19 staffing shortages and allows school board members to work for the school district they serve. The options for school board member employment are limited to the 2020-2021 school year and to the jobs of substitute licensed teacher, food service worker and school bus driver. [1/28: 47-0 (Excused: Brown, Nunn; 1 vacancy)]
SF 160 mandates all public and non-public schools provide a 100% in-person instruction option during the 2020-2021 school year. The mandate will begin no later than the second Monday following the effective date of the bill and ending June 20, 2021. This requirement is in effected unless explicitly waived in a proclamation by the Governor for an emergency health disaster related to COVID-19. Schools may provide hybrid instruction, but most hybrid instruction plans won’t be logistically possible when schools offer a 100% in-person and a 100% online option. Schools must offer parents at least five days to decide if they will select the full-time in-person instruction option.
For the rest of the 2020-2021 school year, schools may apply to the Department of Education to temporarily go 100% online for a two-week period. Considerations for an online waiver include:
Number of teachers who are quarantining due to exposure to COVID
Scarcity of substitute teachers, food service workers and school bus drivers
Other factors or information [1/28: 29-18 (No: Democrats; Excused: Brown, Nunn; 1 vacancy)]
SF 260 – Medicaid reimbursement process by receiving school district
SF 260 requires school districts to work together to ensure a sending district for a student with an Individualized Education Program receives necessary information from the receiving district to facilitate Medicaid reimbursement. [3/17: 47-0 (Excused: Goodwin, Hogg, Nunn)]
SF 261 – College Student Aid Commission can organize a nonprofit corporation
SF 261 creates a nonprofit organization, which is a mechanism to receive tax-deductible donations from individuals and organizations. This allows the College Student Aid Commission to seek grant funding from grantors who award only to entities with a 501(c)(3) status, such as the Bradley Foundation, Hearst Foundation, Kresge Foundation and Spencer Foundation. It ensures successful fundraising while also establishing appropriate restraints to keep it from overstepping its status and function as an entity of the state. Iowa College Aid’s ability to secure grants and receive donations would help the agency continue its essential functions without placing a financial burden on the state. [2/23: 48-0 (Excused: Nunn, Shipley)]
SF 269 sets State Supplemental Aid (SSA) at 2.4% for FY22 at a cost of $36.5 million. The 2.4% SSA rate will be applied to the regular and categorical state percent of growth rate.
The bill establishes a 2.4% state growth rate to be applied to the state cost per pupil (SCPP), for a $155 increase per pupil, and an increase of $10 to the per-pupil equity effort for those districts with the same district cost per pupil. This brings the increase in per-pupil spending to $179 over last year, for a total state cost per pupil of $7,227. The bill picks up the additional property tax replacement funding and adjusts the Transportation Equity Program to equal the amount necessary to bring all schools to the statewide average for transportation costs.
One-hundred-thirty-seven school districts (42% of all districts) will qualify for the budget guarantee. This can generate $26 million, an increase of $17.8 million (215.45%) compared to FY21. The budget guarantee adjustment is calculated at the school district level so that school districts receive 101% of their previous year’s funding. The budget guarantee adjustment is funded entirely through local property taxes. [2/17: 31-18, party-line (Excused: Nunn)]
SF 285 – All Iowa Opportunity Scholarship dropout changes
SF 285 allows a student in the All Iowa Opportunity Scholarship Program who must suspend enrollment due to a medical emergency, military deployment or other exceptional circumstances to continue to qualify for funding upon re-enrollment.
The All Iowa Opportunity Scholarship provides need-based financial awards to students who attend an Iowa college or university within two years of earning a high school diploma. Students can continue to qualify for funding if they continuously receive the award over successive fall and spring semesters. Previously, students who don’t re-enroll after initially receiving the scholarship became ineligible in perpetuity. This could result in the student losing access to thousands of dollars in financial aid due, in some cases, to unforeseeable circumstances. [2/17: 48-0 (Excused: Hogg, Nunn)]
SF 289 – IASB changes to school boards, AEAs and district operations
SF 289 is a combination of multiple requests from the Iowa Association of School Boards (IASB) relating to duties of school districts. It contains these provisions:
Area Education Agencies (AEAs) Bid Threshold and Publication Notices: Replaces the current $25,000 threshold for requesting approval from the Department of Education (DE) before entering into a lease, purchase or lease-purchase agreement, and ties the amount to the competitive bid threshold. The cap has not changed since it was established in 1975. These sections also reduce the publication requirements for AEA budgets.
Election of Board President, Closing Books: Allows the election of board president made in the prior year to extend up to 13 months until a regular school election is held in even numbered years. Previously, a school board could not close the books on their fiscal year until a board president was elected.
IASB Membership: Eliminates the requirement that school boards submit dues paid and benefits from membership in the Iowa Association of School Boards (IASB) to DE. However, the bill adds that a report the association is required to publish, which covers this information, must be submitted to DE.
Schoolhouses and Site Sold, and Proceeds: Allows a school district to deposit proceeds from the sale of a building into any account after publishing notice and holding a public hearing. This provides districts with more flexibility for using funds from the sale of property. The notice and hearing requirements are consistent with those required for municipalities.
Equipment Purchases Newspaper Notices: Strikes the Code provision requiring school boards to publish a notice in the newspaper before entering into a loan agreement for an equipment purchase. The IASB claims that boards already must notice their agendas and action items so this is duplicative.
Directors – Powers and Duties: Eliminates a duplicative reporting requirement on community strategies for early literacy. The bill amends the teaching strategies of the gold early childhood assessment to every resident pre-K or four-year-old enrolled in a school district, and a universal screening instrument to kindergarten students enrolled in the district.
Schoolhouses and Sites Sold: Allows a district to deposit proceeds from the sale or disposition of real estate into any account after publishing notice and holding a public hearing. Previously, a public hearing was required on a proposal to sell, lease, etc. The bill also increases from $5,000 to $25,000 the bid threshold to determine when a school district must publish notice of its intent to sell or dispose of non-real property.
Eliminates the Energy Audit Requirement: Eliminates the requirement that districts submit energy audits every five years to the Economic Development Authority. IASB claims that districts are always reviewing their energy costs and looking for ways to economize.[2/23: 48-0 (Excused: Nunn, Shipley)]
HF 308 – Proficiency requirements for Senior Year Plus
HF 308 requires a student to demonstrate proficiency in reading, math and science on the statewide assessment. If a student is not proficient in one or more content areas, they can demonstrate proficiency through measures of college readiness agreed upon by the school board and postsecondary institution, and by other measures that may be established by local school boards. The bill also establishes provisions for students in competent private instruction. [2/17: 48-0 (Excused: Hogg, Nunn)]
HF 386 – Reporting requirements for school-established 501(c)(3) entities
HF 386 removes certain reporting requirements for school-established 501(c)(3) entities. A school district must annually report to DE and to their local community the administrative expenditures, revenues and activities of any 501(c)(3) established to support students/activities. Previously, DE had to include a summary of all school districts’ 501(c)(3) information in their annual Condition of Education report. This bill strikes the requirement that the school district annually report to DE and no longer requires this information in the Condition of Education report. [2/17: 48-0 (Excused: Hogg, Nunn)]
SF 466 – Adds to health care providers for athletic concussion policies
SF 466 adds occupational therapists to the definition of “licensed health care provider” for purposes of state law regarding concussion and brain-injury policies for extracurricular interscholastic activities. Duties of such licensed health care providers include determining when students should be removed from participation and return to participation. [3/10: 48-0 (Excused: Hogg, Nunn)]
SF 532 – Mental Health Practitioner and Behavior Analysts Professional Recognition
SF 532 establishes a Statement of Professional Recognition (SPR) requirement for behavior analysts and mental health practitioners. The bill broadens the definition for a mental health professional. It will allow a mental health professional, which is licensed through the Board of Educational Examiners (BOEE), to have a Statement of Professional Recognition or be licensed via the BOEE. The behavior analyst would only need a Statement of Professional Recognition through the BOEE. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
SF 546 – Home school instruction and driver’s education modifications
SF 546 relates to private instruction by parents, guardians and legal custodians, and to driver education provided by a teaching parent. Private instruction, sometimes referred to as homeschooling, can be provided in multiple ways in the State of Iowa. Students in private instruction can be supported by a certified teacher, through a school district, without a certified teacher, or through a nonaccredited school. Different opportunities and requirements apply depending on what method of private instruction is used for the student.
Under the bill, “competent private instruction” (teacher-lead) and “private instruction” (parent-lead)are mergedand are now considered “private instruction.” While this change does not substantively expand home schooling or decrease reporting requirements for home schoolers, it also does not improve the current policy of notification that many legislators have found concerning.The bill also makes technical changes for offering online learning to homeschool students and changes the reporting date for annual evaluation of homeschool students.
Drivers Education: The bill makes changes to homeschool parent driver’s education requirements. The bill eliminates actual classroom hours and minutes required for driver education provided by a teaching parent. The bill decreases certain time requirements for homeschool students, which will be different from other students going through driver’s education. Previously, an approved course administered by a teaching parent required 30 hours of classroom time, which the bill eliminates. Previously, 40 hours of street or highway driving were required, of which four hours must be after sunset. The bill reduces that to 30 hours, of which three hours must be after sunset. The bill also eliminates the four hours required for substance abuse and railroad crossing safety (now just “instruction”), and adds that instruction must be provided on sharing the road with pedestrians.
The bill allows any parent to teach their child of compulsory attendance age using parent-taught driver education, and aligns documentation for parent-taught driver education course completion and certification with Department of Transportation (DOT) requirements.
Fiscal Impact: Senate File 546 is expected to increase FTE costs to the DOT Motor Vehicle Division by an estimated $440,000. [4/28: 33-15 (Yes: Republicans, Boulton, Bisignano, Kinney; Excused: Nunn, Schultz)]
HF 196 – Health care professional recruitment program expansion
HF 196 addresses the expansion of College Student Aid’s health care professional recruitment program to doctors/residents who graduate from an institution other than Des Moines University. Now, health care professionals must graduate from an academic program that leads to licensure. “Eligible institution” is defined as a Regent University or accredited private institution. “Health care professional” means a physician, physician assistant, podiatrist or physical therapist, athletic trainers and occupational therapists. [4/6: 47-0 (Excused: Hogg, Nunn, Schultz)]
HF 228 eliminates implementation of a voluntary diversity plan as a reason to deny open enrollment. Iowa has had school district voluntary diversity plans in place since FY09 and has disallowed denial of open enrollment based on those plans. Previously, a school district subject to a voluntary diversity plan or court-ordered desegregation could deny a request for open enrollment if the superintendent finds that the enrollment or release of the pupil will adversely affect the district’s implementation of the voluntary diversity plan or court-ordered desegregation.
Five Iowa school districts had voluntary diversity plans, with three districts using socioeconomic status (Davenport, Des Moines and Waterloo) and two districts (West Liberty and Postville) using English-language learner status as metrics for denying open enrollment.
For most Iowans, open-enrollment decisions are made by the receiving district. If that school system has enough room and the appropriate resources to serve the applicant, approval is likely. In one of the five districts that had a diversity plan, open-enrollments were denied if a student’s departure would cause their neighborhood school to further exceed or fall below the district’s average poverty rate by 10 or more percentage points, a figure calculated using student eligibility for free or reduced-price meals. For Des Moines, that rate was 70.2%. Statewide, about 6% of students participate in open enrollment. The bill eliminates the open enrollment deadline for 2021-2022 for districts that had a voluntary diversity plan in 2020-2021. [4/6: 29-17 (Excused: Hogg, Dawson, Nunn, Schultz)]
HF 315 – AEA expanded assistance to programs for at-risk children
HF 315 allows Area Education Agencies (AEAs) to provide technical assistance to Shared Visions grantees that are not school districts. Previously, they were limited to serving only districts. This expands AEA ability to support quality programming and updates Code language. [4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]
HF 317 – Calculation process for special education reporting
HF 317 aligns the current automated calculation process used by DE for school district special education reporting. Previously, statute relating to the funding for special programs included an outdated calculation method, which required a manual calculation by districts. That methodology was based on the number of months children were enrolled in the district. The bill changes the calculation to be based on the number of days children are enrolled. The bill affects services to children living in shelter care, juvenile detention homes, certain residential treatment facilities, a psychiatric unit or institution, or in a child foster care facility or placement. [4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]
HF 388 – Duties of the child development coordinating council
HF 388 deletes two duties that are duplicative of other efforts in the statewide early childhood system. These changes were proposed at the request of the Child Development Coordinating Council. The bill strikes Section 256A.3, subsections 4 and 7, which eliminates the list of duplicative recommendations. [4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]
HF 602 – Transfers of School General Fund to the Student Activity Fund
HF 602 allows, for budget years beginning July 1, 2021, and July 1, 2022, for a school board to transfer money from its General Fund to the Student Activity Fund for cocurricular or extracurricular activities. Some activities failed to meet financial needs due to COVID-19. This bill allows money in the Student Activity Fund to support extracurricular programs. [4/28: 48-0 (Excused: Nunn, Schultz)]
HF 605– Expansion of English Language Learner funding
HF 605 lowers funding for each category of LEP students. The bill provides supplementary weighting for an intensive student at 0.26 and for an intermediate student at 0.21. Approximately 80% of LEP students are identified at the intermediate category. Previously, a student identified as LEP may draw an additional weighting of 0.22 in the School Aid formula for up to five years. This bill provides a net increase of $80,000 statewide for LEP support. In FY21, approximately 21,334 students were identified as LEP and received supplementary weighting. [4/6: 46-0 (Excused: Hogg, Dawson, Nunn, Schultz)]
HF 644 – College Student Aid Technical Corrections bill
HF 644 adds that money in a postsecondary education fund may be used to procure and store school records to establish claims against a school that fails to perform contracts and agreements, pay institutional charges, support transitional activities, pay private education loan debt, and reimburse the Iowans who were enrolled and attended schools. It provides that a continuous corporate surety bond may be $50,000 or a sum equivalent to 10% of total annual tuition, whichever is less. Colleges and universities authorized by a foreign country, private business schools accredited by the U.S. Department of Education and schools of nursing from outside of Iowa are not exempt from registering with commission and complying with provisions relating to advertising and selling of educational courses, evidence of financial responsibility or contracts. It lays out tuition refund policies and requirements for proprietary postsecondary schools, requires information relating to proprietary schools to be public record and adds disclosure requirements for proprietary schools. This applies to public colleges and universities. [5/17: 45-0 (Excused: Goodwin, Johnson, Nunn, Schultz, Williams)]
HF 675 reestablishes the long existing substitute rule that allows a substitute to only teach one assignment for no more than 30 days, and it codifies substitute teacher requirements. The bill moves the substitute teacher authorization from five days to 10 days, which is the same as in the Board of Educational Examiners’ (BOEE) proposed rule. A school district administrator may file a written request with BOEE for an extension of the 10-day limit in one job assignment in a 30-day period on the basis of documented need and benefit to the instructional program. The bill codifies that a substitute teacher authorization requires at least an associate degree or not less than 60 undergraduate semester hours. This was a change from a Governor’s COVID-19 proclamation. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
HF 770 requires half of the units needed for license renewal by BOEE to be earned by successfully completing an individualized professional development plan as verified by the supervising licensed evaluator, or by successfully completing professional development courses or programs offered by a professional development program licensed by BOEE, or by a practitioner preparation institution or Area Education Agency approved by the State Board of Education. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
HF 722 allows all available funds in the Teacher Shortage Forgivable Loan Repayment Fund and the Teacher Shortage Loan Forgiveness Repayment Fund to be transferred to the Teach Iowa Scholar Fund. The Iowa College Student Aid Commission estimates that approximately $146,000 is available to transfer to the Teach Iowa Scholar Fund, along with a limited number of additional repayments that are received each month. Approximately $191,000 will be transferred to the Teach Iowa Scholar Fund in FY22. [5/5: 48-0 (Excused: Hogg, Nunn)]
HF 744 – First Amendment training at Regents and public schools
HF 744 requires each public institution of higher education to protect the First Amendment rights of the institution’s students, staff and faculty, and to establish and publicize policies that prohibit intuitional restrictions and penalties based on protected speech to the fullest extent required by the First Amendment to the U.S. Constitution. A public institution of higher education is prohibited from retaliating against a member of the campus community that files a complaint for a violation of this requirement. If a faculty member knowingly and intentionally restricts the protected speech or otherwise penalizes a student, the faculty member is subject to discipline by the institution through normal processes, and such discipline may include termination depending on the totality of the facts. If the faculty member is licensed, BOEE must conduct a hearing, and the faculty member may be subject to disciplinary action by the board.
The bill requires the state Board of Regents to develop materials, programs and procedures on the policies, regulations and duties for free expression on campus. Each Regent institution must annually provide training on free speech under the First Amendment to all students, faculty and staff. Elected officials and staff must be permitted to attend. Each school district in the state must protect the intellectual freedom of the school district’s students and practitioners. The districts must establish and publicize policies to protect students and faculty from discrimination based on speech.
As sent to the Governor:
Student Organizations: Each Regents university will make student government organization authority over moneys disbursed contingent upon compliance with the First Amendment. If a student government organization violates provisions of the bill, after all administrative or appeals, the institution must suspend the organization’s authority to disburse student fees for one year.
Student exercise of free expression: This bill must be incorporated into existing requirements for public schools to publish rules regarding when students can gather and express free speech, and extends employment protections to teacher/advisors of student newspapers and yearbooks.
BOEE may deny a license or revoke a license if it finds by the “preponderance of evidence” that the person “knowingly and intentionally” discriminates against a student’s free speech. [5/5: 48-0 (Excused: Hogg, Nunn)]
HF 793 allows a student enrolled in JROTC to be exempt from participating in Physical Education (PE). A student will receive one-eighth unit of PE credit for each semester they enroll in and complete JRTOC. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
HF 802 – Diversity Training and Curriculum Prohibitions
Regents Institutions and K12 Public School Districts – Diversity Training Prohibitions
Requires Regent Institutions and public K12 school districts (not private colleges or private K12 religious schools) that require mandatory staff or student training not to teach, advocate, encourage, promote or act upon specific defined concepts. A trainer may respond to questions raised by participants during a training. Institution diversity and inclusion efforts must discourage employees and students from discriminating based on political ideology, or any other characteristic protected under the Federal Civil Rights Act and applicable state law.
The bill doesn’t create any right or benefit enforceable at law or in equity by any party against the state. The bill will not violate the First Amendment rights of students or faculty, or prevent an institution from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the bill’s prohibitions. The bill specifically allows divisive topics to be part of a larger course of academic instruction.
The bill does not prohibit curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation and discrimination. [4/28: 30-18 (Excused: Nunn, Schultz)]
HF 813 – Previously, Iowa’s Charter School law allowed for a public school to create public school charters to expand student learning opportunities through innovative methods. The local school board was required to review all applications, and the charter school had to be located within the school district. A school could not enter into a contract with a charter school without agreement of at least 50% of the teachers employed at the school and 50% of the parents or guardians whose children were enrolled at the school.
HF 813establishes two new charter school program models.
Local School Board-State Board Model. A local school board may create a founding group to establish a charter school within a school district by establishing a new attendance center, creating a new school within an existing attendance center, or converting an existing attendance center. If a charter school wants to take over an existing attendance center, evidence must be submitted that a majority of the school’s teachers and parents voted in favor of the conversion to a charter.
An application to the Department of Education will include:
Evidence of need and community support, anticipated fundraising, how long they expect to run as a charter, and the specific statutes and administrative rules the charter school does not plan to comply with.
Staff organizational chart, proposed bylaws, explanation of any relationships between board members and the founding group, and evidence of the founding group’s past success, if applicable.
Mission and vision, geographic area within school district, grades served and maximum enrollment for each grade, plan for serving Individualized Education Programs (IEP) and students below grade level learning, how extracurricular programs will be funded and delivered, student code of conduct and transportation plans.
Founding Group/Private School Charters. A private founding group may apply for approval to establish and operate a charter school within Iowa that operates independently (and in competition with) any public-school district as a new attendance center.
Private Charter applications to the State Board will include most of the same requirements as the School Board application except:
No vote of teachers or parents is required before a founding group can start recruiting parents/students and apply for charter school status.
Only if the application is an “education service provider” must they show success in serving similar student populations.
Only if the applicant is an “education service provider” must the application include a description of education service providers, staff performance evaluation, compensation, contract oversight, dispute resolution, investment disclosure and conflicts of interest.
Only one private/founding group charter application can be considered at a time. Charters can be approved to run multiple charter schools throughout the state.
There is a limit on the number of charters the state board can approve. This will allow one attendance center per level (elementary, middle and secondary) per 10,000 students in a geographic area. This provision sunsets in five years.
General operating powers and duties (applicable for all types of charter schools):
An initial charter school contract will be granted for five years.
A charter school will be organized as a nonprofit education organization.
A charter school may incur debt in anticipation of the receipt of public or private funds; solicit and accept gifts or grants; and acquire public or private property for use as a charter school.
Charter Board Members will be residents of the “geographic area” serviced by charter school. If a board member does not live in the “geographic area,” they must at least be state residents. There is no prohibition against out-of-state folks/businesses coming in and being a “founding group.”
There is no prohibition for a member of a founding group to serve on the governing board.
Each charter school governing board must adopt a conflict of interest policy and a code of ethics for all board members and employees, and adopt a policy regarding family members to avoid nepotism.
Charter schools are exempt from most state statutes/rules, regulations and policies applicable to other schools, except that they must:
Meet all applicable federal, state health and safety requirements and laws prohibiting discrimination.
Operate as nonsectarian, nonreligious schools.
Be free of tuition and application fees to Iowa resident students. Provide transportation to students.
Be subject to and comply with civil and human rights (chapters 216 and 216A).
Provide special education services.
Comply with Chapter 21 (open meetings) and Chapter 22 (open records).
Teachers, Administrators, Admission of Students:
A charter school will employ or contract with licensed teachers.
Administrators do not have to be licensed administrators. However, the chief administrator must have BOEE authorization under 272 or a statement of professional recognition that will be developed by BOEE.
Direct State Appropriations: The State pays directly for students enrolled in a Charter school who were previously served in home school or nonpublic school, or who recently moved to the district. This is an unlimited appropriation.
Funding:
State Board Oversight/Evaluation: The State Board will monitor performance and compliance of each charter school. A charter school will provide an annual report to DE and the Legislature. [4/28: 30-18 (No: Democrats; Excused: Nunn, Schultz)]
HF 847 makes several education policy and funding changes.
Flex Account Program: School districts and nonpublic schools were previously allowed to waive high school offer-and-teach requirements by applying for and receiving an innovative curriculum waiver. The Flexible Student and School Support Program (FS3) established in the bill allows the waiver of offer-and-teach requirements for grades one through 12 to create programs that focus on a certain area of academics or on student well-being.
Transfer Teacher Leadership (TLC) Funds: Schools may transfer Teacher Leadership Compensation (TLC) funds to the school district’s flex account. Statewide, 276 school districts carried forward $45 million in teacher leadership funds, an average of $163,000 per district. Previously, the flex account allowed schools to transfer unspent PreK, professional development and Home School Assistance Program (HSAP) funds into their flex accounts.
Teacher Salary Supplement (TSS) Funds: If a school district has more than 5% of their total TSS funding in carry-forward, it willbe paid out to eligible teachers. Schools have carried over $10.5 million of TSS funding in ending balances that hasn’t been paid to teachers. This subsection is repealed July 1, 2023.
Education Tax Credits (Effective upon enactment and applies retroactively to January 1, 2021)
Teachers could previously deduct up to $250 in qualified classroom expenses. The bill increases the deduction maximum to $500 per taxpayer. This has an estimated fiscal impact of $410,000 in FY22.
The bill adds homeschooling eligibility to the tuition and textbook tax credit and doubles the credit for the first 25% of the first $2,000 (max of $500). The bill increases the fiscal impact by $11 million in FY22, for a total of $26 million.
STO Tax Credit: Increases the tax credit from 65% to 75% of the donation and makes this change retroactive to January 1, 2021.
Pledge of Allegiance: Requires the pledge of allegiance to be recited in grades 1-12 every day.
Face coverings in schools: Allows the principal to not mandate student face coverings as required or recommended by an entity, if the principal believes that no face covering is in the best interest of a student. This language applies COVID limited liability and “safe harbor” provisions to this action. The school board or directors of nonpublic schools must approve the principal’s decision.
Charter School Changes for policy found in HF 813:
Places a limit on the number of charters that can be approved by the state board. The limit will allow one attendance center per level (elementary, middle and secondary) per 10,000 students in a geographic area. This provision will sunset in five years.
Requires charter schools to abide by Chapter 22 (Open Records).
Requires the chief administrator of a charter to have BOEE authorization under 272 or a statement of professional recognition that will be developed by the BOEE by December 31, 2021.
Clarifies that the charter school must notify the student by March 1 of the school year preceding the year of enrollment.
Clarifies that charter schools will submit an annual report to the state board.
Sit-Time for Athletic Eligibility – Decreased for Open Enrollment: Previously, a high school athlete who open enrolled was ineligible to participate in varsity interscholastic athletic contests during their first 90 days, except if they transferred because of bullying or harassment. The bill adds immediate eligibility in a variety of situations, including if both receiving and sending districts agree to waive the 90-day sit period. If a student open enrolls in a different district or nonpublic school during the 2020-2021 school year, and reenrolls in their home district before July 1, 2021, they will be eligible to participate in sports immediately.
Open Enrollment – Good cause if school is “Significant Need for Improvement”: The bill adds to items to determine “good cause,” the determination that the resident district is identified as in “significant need for improvement.”
Open Enrollment – Preschool Special Ed and Child’s Residence: The bill matches HF 385, so a preschool student enrolled in special education programs would match the kindergarten open enrollment deadline of September 1. After the open enrollment deadline, a student could still open enroll if there is “good cause.” The definition of “good cause” is expanded to include a change in a child’s residence from one parent to a different parent or guardian.
Open Enrollment Date Specified: Division III matches HF 316, which requires the sending district to apply payments to the receiving district in a timely manner when the parent or guardian of an open-enrolled student moves to a different school district during the academic year.
Transportation Assistance: Increases eligibility for students from household incomes of 200% or less of the federal poverty level.
School Board Powers and Duties: A school corporation is entrusted with public funds to improve student outcomes, including academic achievement and skill proficiency. The school board is in charge of overseeing such improvement.
Work-Based Learning Coordinator and Special Education Coordinator added to operational sharing: Starting in FY22, a work-based learning coordinator and/or special education director is added to the list of eligible operational functions for supplementary weighting of three pupils. The bill also reduces the operational function assigned weighting of five pupils to four pupils, and those operational functions assigned weighting of three pupils to two pupils beginning with budget year July 1, 2022. This will be a reduction in the operations sharing program cost to the state of $2.5 million. [4/28: 42-6 (No: Bolkcom, Hogg, Quirmbach, J. Smith, T. Taylor, Trone Garriott; Excused: Nunn, Schultz)]
HF 868 is the FY22 budgets of the Department of Blind, College Student Aid Commission, the Department of Education and the Board of Regents. It appropriates $972.4 million, which is an $26.4 million increase over last year.
Departmentfor the Blind:$529,000 increase. This includes $201,000 to cover the State match to draw down federal funding for a 4Plus Program to serve high school graduates that still have Individualized Education Program (IEP) goals or transition needs, and $78,000 to add one Independent Living Team teacher.
College Student Aid Commission: $11.8 million increase, total of $85.7 million and 16% increase. The largest part of this increase is a $10 million increase for the Future Ready Last Dollar Scholarship.
Health Care Professional Recruitment (Doctors): Increase of $100,000, a 25% increase. This program was only for Des Moines University. This year, HF 196 expanded eligibility to all medical students in Iowa.
Rural Primary Care Loan Repayment Program: Increase of $300,000, a 21% increase. Originally targeted to physicians, but expanded into other health-related professions.
All Iowa Opportunity Scholarship: Status quo funding of $3 million. Language includes private college eligibility.
Policy Changes: Adds surviving step children to the All Iowa Opportunity Scholarship and adds the children and stepchildren of Department of Corrections employees to the priority list.
Future Ready Last Dollar Scholarship: Increase of $10 million, a 77% increase. The program provides financial aid to students attending community colleges. It’s focused on credentials/associate degrees that lead to high-demand jobs. Eligibility is for recent high school graduates or adult learners age 20 or older.
Transfers: Transfers $54,000 from the Future Ready Iowa Skilled Workforce Grant Fund and $700,000 from the Future Ready Iowa Grant Fund to the Future Ready Last-Dollar Scholarship Fund.
Policy Change: Increases the barber and cosmetology award cap from $80,000 to $100,000.
Community Colleges: $6.5 million increase, for a total of $215 million (a 3.1% increase).
Board of Regents: $0 increase. Regents requested an increase of $18 million for FY22, which would have limited tuition increases to 3%. Last year, the Republicans cut the Regents by $8 million. Higher Education Institutions do receive federal COVID relief money but half of that goes directly to student relief checks.
No tuition freeze, but prohibits the Regents from reducing the universities’ FY22 police department budgets.
Specialty schools get a 2.4% increase, matching SSA.
Specifies a $150,000 increase for ISU Extension is to host the National Association of County Agricultural Agents 2023 national meeting.
Interim Request: Requests the Legislative Council to establish an interim study committee to look at the Board of Regents’ administrative costs, staffing allocations and levels, and graduation and student retention rates for each academic program at each Regent institution.
Department of Education:An increase of $7.1 million, for a total of $314 million funding. Key increases are highlighted below. All other lines are status quo from last year’s appropriation.
Requires the ECI State Board approval for expenditures for professional development and training activities. Eliminates the requirement of using funding estimates when identifying available funding and changes the allowed use for administration from 3 to 5%.
Vocational Rehabilitation Division:$300,000 increase. Vocational-Rehab gets a state-federal match of 21% to 79%. The $300,000 increase will generate $1.1 million new federal funds. This money will be used for vocational-rehabilitation services to juveniles with disabilities within the Iowa correctional system.
Iowa PBS: $100,000 increase to restore, catalogue and digitize video archives.
Skilled Worker and Job Creation Fund (SWJCF) is funded with gaming revenue. It includes most community college job training and tuition assistance. Status quo funding for FY22 is $40.3 million.
Policy and Statute Changes:
Creates a grant program that requires SBRC approval to access funds. School districts may apply to the SBRC for a modified supplemental amount if the district has more preschool students in 2021-2022 than they did in 2020-2021. Any district with an ending balance in their PreK fund of 25% of total budget or more, “may” be considered for additional funding. If a district has less than 25% of their PreK budget in reserves, they “must” be approved for additional funding. The money is supposed to come from the Governor’s federal Covid funds.
Requires the DE and iJAG to convene a task force on growing a diverse teacher base in Iowa. The bill specifies the membership of the task force and its duties and requires a report of its findings and recommendations by December 15.
Operational Sharing Expanding Positions: Allows mental health professionals who hold a statement of professional recognition issued by the BOEE to participate in operational sharing.
Forgives the day of school that Independence School District was closed to host the funeral for Sergeant Jim Smith.
New Accreditation and Penalty Code Sections:
Requires the DE to add to its website general guidance for parents and community members who have concerns about school districts or their governing boards.
Phase I monitoring – NEW language lists out specific requirements and suggestions, as opposed to current Code which is more general and doesn’t require an on-site visit. NEW Phase I monitoring may include the following:
A review of district finances and school board policies by DE staff or a neutral third party.
DE must provide a public report annually of findings of noncompliance and required corrective actions for each accredited school and school district.
DE must provide a written report annually to the State Board of any monitoring review resulting in multiple or substantial findings of noncompliance that remain uncorrected for more than 30 days.
Phase II monitoring must take place when either the annual monitoring or the biennial on-site visit of phase I (currently this is every 5 years) indicates a school is deficient with accreditation standards.
Enforcement:
DE must coordinate its enforcement of Ch. 216 with the Iowa state civil rights commission to reduce duplication of efforts. Note: This is new language and unclear what this will mean in practice.
If, after having an opportunity to correct, a school district is found to be in noncompliance with federal education laws or HF 744 (free speech), or HF 802 (prohibition on certain diversity training and education), the director must recommend that the state board may do one of the following:
Impose conditions on funding, including directing the use of school district funds.
Withhold payment of state or federal funds to a school district, in whole or in part, until noncompliance is corrected. Initial withholding of state funds is at the discretion of the director for 60 calendar days, after which it is subject to approval of the State Board every 60 calendar days. Withholding of federal funds is subject to the governing federal statute or regulation.
Petition for public hearing: If 10% of voters who voted in the last school board election or 500 eligible electors, whichever is less, sign a petition, the school board must add that agenda item and public comment to the next school board meeting. If the proposal relates to curriculum, the school district may halt use of the curriculum until the school board holds the public hearing and decides on the proposal.
Discipline and personal conduct standards: A school district must include in the student handbook the same info required on the DE website for parents and community members who have concerns about school districts or their governing boards.
Training for equity coordinators:
The DE director must develop and distribute to school districts “standards of practice” for equity coordinators. To provide “consistency in training,” the director must develop and distribute a training program on free speech to be used by school districts annually.
A school board must provide training on free speech under the First Amendment to the U.S. Constitution to any equity coordinator employed by the school district annually.
BOEE: Must establish, collect and assess fees from a school administrator for the administrative costs of processing complaints and conducting hearings if the administrator is sanctioned by BOEE. The fees established for the administrative costs of processing complaints and conducting hearings may include a fee for personal service by a sheriff, a fee for legal notice when placed in a newspaper, a court reporter fee and any other fees. The fees collected must be retained by BOEE. [5/18: 28-17 (Absent: Goodwin, Johnson, Nunn, Williams, Hogg)]
SF 296 – Pharmacists providing vaccines; Collaborative Pharmacy Practice
SF 296 allows pharmacists to administer an immunization or vaccination for COVID-19 to patients 18 and older. It also states that pharmacists may, in consultation with the Department of Public Health, order and administer the following to patients 6 and older:
Point-of-care testing and treatment for the flu, strep A and COVID-19
Point-of-care testing in response to a public health emergency
Pharmacy collaborative practice agreements (CPAs) are also permitted under this bill. CPAs create formal practice relationships between pharmacists and prescribers. They allow the prescriber (e.g., a physician or nurse practitioner) to delegate certain patient-care functions to the pharmacist with the intent of increasing access to care.
These agreements have been done in Iowa since the early 2000s, and this section of the bill would allow the Board of Pharmacy to change any administrative rules if needed. The bill also allows a health carrier to reimburse for the services provided under these agreements. [4/28: 48-0 (Excused: Nunn, Schultz)]
SF 307 – State Medical Examiner child death autopsies and transportation costs
SF 307 requires counties to pay transportation costs both to and from the State Medical Examiner’s Office. Under the bill, an autopsy is not be required for a child death when the county medical examiner’s or State Medical Examiner’s investigation determines that the deceased child’s cause and manner of death are obvious, and there are no significant legal, medical or investigative concerns. The bill also makes some technical terminology changes. [2/23: 48-0 (Excused: Nunn, Shipley)]
SF 524 directs the Department of Human Services to convene a study committee during the 2021 interim to examine issues and develop policy recommendations relating to improvements in the inpatient psychiatric bed-tracking system, including expanding it to include the acuity of disabilities, behavioral disabilities, and sexually or physically aggressive behaviors; increasing reimbursement rates based on level of care; and implementing enhancements to the bed-tracking system. The bill prescribes the members of the interim committee and requires the Iowa Department of Human Services (DHS) to submit a report by December 15, 2021. [3/10: 48-0 (Excused: Hogg, Nunn)]
HF 260 adjusts the number of children child care providers can have. The bill makes these adjustments:
Child Care Homes. These homes are not registered with the state and are found in single-family residences. They currently can have five or fewer children at any time. If there are more than five children, the provider must register with the state. The bill continues to allow providers with five or fewer children to NOT register, and adds a provision that allows NO registration if the provider has six or fewer children and at least one of the children is school-aged.
Child Development Homes. These homes are single-family residences as well, but they are registered with the state. They currently can have six or more children at any time. The bill changes that to allow for seven or more children at any time. [3/29: 30-15 (Yes: Republicans, Bisignano, Kinney; Excused: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]
HF 302 – Child Care Assistance graduated eligibility phase out
HF 302 provides a graduated phase-out program for Child Care Assistance. This state-only funded program goes into effect after the Child Care Assistance Plus (CCA Plus) program benefits end, which is at 225% FPL. This new program will allow a family to remain eligible for child care assistance up to 250% FPL, or 275% for a family with a child or children needing special assistance. It sets up a sliding scale to determine the amount of child care the family will pay themselves, ranging from 33% to 60%. The program must be implemented by July 1, 2022. [5/17: 45-0 (Goodwin, Johnson, Nunn, Schultz, Williams excused)]
HF 390 requires an owner or operator of a public water supply system to give at least 90 days’ notice prior to taking any action to permanently discontinue fluoridation in its water supply. The notice must be placed on each customer’s water bill or provided in a way that is reasonably noticeable. [4/6: 47-0 (Excused: Hogg, Nunn, Schultz)]
HF 835 – Iowa Achieving Better Life Experience (ABLE) Accounts
HF 835 makes these improvements to the Iowa ABLE (Iowa Achieving a Better Life Experience) Savings Plan Trust Accounts:
Additional flexibility for those who have either a medical assistance special needs trust under 633C or a supplemental needs trust under 634A to transfer those funds to the Iowa ABLE Savings Plan Trust Account of the designated beneficiary.
Greater flexibility and reduced burden on eligible individuals by expanding the list of those eligible to enter into a participation agreement and provide signature authority under Iowa Code 12I. These changes are in accordance with the IRS final regulations for ABLE programs.
Even greater assurances to individuals and families with disabilities by prohibiting recovery of any account balance following the death of an individual who is a designated beneficiary of an ABLE savings account; the language would also allow flexibility for the designated beneficiary’s account to be transferred to an account for another eligible individual specified by the designated beneficiary or allow for the balance to be transferred to the estate of the designated beneficiary.
These changes will encourage more people to use pooled trusts without fear that their money will end up in state hands upon their passing, and thereby supporting the health, independence and quality of life of more individuals and families living with disabilities. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
SJR 7 – Iowa’s Constitution currently does not include language on the right to possess arms. SJR 7 proposes an amendment to the Iowa Constitution conferring the right of the people to keep and bear arms. It is not identical to the 2nd Amendment to the U.S. Constitution. Here is the exact language of the proposed amendment:
“Right to keep and bear arms. Sec. IA. The right of the people to keep and bear arms will not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right will be subject to strict scrutiny.”
Strict scrutiny, which is required in SJR 7, is the highest standard of judicial review in U.S. courts. This standard starts with the presumption that a law or government action is unconstitutional. The U.S. Supreme Court generally reserves strict scrutiny standards for fundamental rights, either those included in the Bill of Rights or as part of the “liberty clause” of the 14th Amendment on due process. Strict scrutiny also is used for certain classes of people that deserve the highest level of protection, such as restrictions based on race, national origin, religion and alienage.
The strict scrutiny test generally requires three elements:
It must be a compelling government interest.
The government action must be narrowly tailored to meet that interest.
The government action must be the least restrictive means for meeting that interest
Article X of the Iowa Constitution requires any proposed Constitutional amendment to pass two consecutive General Assemblies and then be submitted to a vote of the people. This proposed Constitutional amendment has now successfully passed two General Assemblies. The next step is a vote of the people at the next General Election.
[1/28: 29-18, party line (Absent: Brown, Nunn; 1 vacancy)]
SF 172 expands the definition of sex act or sexual activity in the criminal code. The bill adds body parts that can be used in a sex act. Under the bill, the definition of a sex act will include contact between any body part of one person and the genitalia or anus of another person.
The bill also adds a new paragraph to the definition of sex act to include: “The touching of a person’s own genitals or anus with a finger, hand, artificial sexual organ or other similar device at the direction of another person.”
For a “sex act” or “sexual activity” to be defined as sexual abuse that is criminal in nature, for example, the act must be performed under these circumstances:
The act is done by force or against the will of the other person. If the consent of the other person is obtained by threat of violence or the act is done under the influence of a sleep-inducing drug or otherwise occurs in a state of unconsciousness, or the act is done against the will of another individual.
The other individual involved is suffering from a mental defect or incapacity that precludes giving consent, or lacks the mental capacity to know right and wrong conduct in sexual matters.
The other individual involved is a child. [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; 1 vacancy)]
SF 173 comes from the Iowa State Bar Association Probate and Trust Law Section. In 2019, legislation allowing one trustee to provide a certification of trust was enacted. Previous law required all trustees to provide certification if there was more than one trustee. A certification of trust is a document provided to a third party whereby a trustee or trustees verify a trust’s existence and the authority to act on behalf of the trust. This is in lieu of a third party requiring to see the entire trust document.
Since passage of that legislation, it has been discovered that the process for certification needs fixes. This bill achieves those fixes by:
Requiring that a certification of trust give the names of all currently acting trustees, and if there is more than one currently acting trustee, it must state whether a trustee may act individually, by a majority decision or a unanimous decision.
Adding the option that a certification of trust be dated and certified under penalty of perjury. The current requirement for certification is that it be subscribed and sworn to under penalty of perjury before a notary public. Either method would be allowed under this bill.
Stating that if abatement of trust assets is necessary to pay debts, taxes, etc., the share of a surviving spouse who does not take the elective share must be abated last. [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; 1 vacancy)
SF 235 relates to claims made against an estate in probate. When an individual dies and the estate goes through probate for ultimate distribution, those who believe the deceased owed them money can file a claim against the assets in the estate. The bill:
Does away with the requirement that a claimant mail a copy of a request for a hearing on a claim against the estate to the personal representative and the attorney of record by certified mail. Since court files are electronic, the claimant will file a request with the clerk on the electronic data management system.
Removes the requirement that the Notice of Disallowance of a Claim include language regarding a requirement to mail a copy of a request for a hearing to the personal representative and the attorney for the estate, if any.
Allows the probate court to hear claims up to $6,500. Previously, if a claim in probate exceeded $300, either party could demand a jury trial. Now, a party can demand a jury trial for a claim in probate if the amount in contention exceeds $6,500. The court may submit the matter to a jury for amounts less than $6,500.
Allows a judgment against any interested party to be deducted from what the estate owes the interested party. [2/9: 48-0 (Excused: Hogg, Nunn)]
SF 239 – Causes of Action that Survive a Person’s Death
SF 239 provides that when a cause of action survives a deceased person and such action is allowed to be continued, the court will appoint a personal representative for the deceased as defined in the probate code, or a successor as provided for in 633.356, relating to small estates and distribution by affidavit. [2/9: 48-0 (Excused: Hogg, Nunn)]
SF 240 creates the Iowa Uniform Custodial Trust Act, which establishes a statutory framework for a simple trust by allowing any kind of property (real or personal, tangible or intangible) to be made the subject of a transfer to a custodial trustee for the benefit of the beneficiary. This will be a trust option for Iowans who don’t have a lot of assets but may need a trustee to oversee them. [2/9: 48-0 (Excused: Hogg, Nunn)]
SF 243 – Crimes of Failure to Assist, Abuse of a Corpse, and Interference with Official Acts
SF 243 is in response to the tragic drowning death of Noah Herring at the Coralville Reservoir in 2020. The bill:
Expands the definition of “abuse of a corpse” by adding that failure to disclose the known location of a corpse with the intent to conceal a crime is considered abuse of a corpse.
Makes it a crime of “interference with official acts” when to knowingly resist or obstruct a medical examiner in the performance of their duties.
Creates the crime of “failure to assist.” Failure to assist occurs when “A person who reasonably believes another person is suffering from a risk of serious bodily injury or imminent danger of death fails to contact local law enforcement or local emergency response authorities if the person is able to and, if so doing the person or any other person are not at risk of serious bodily injury or imminent danger of death.” There is no requirement to contact law enforcement or emergency response if the person knows or reasonably believes that the other person is not in need of assistance. Failure to assist is a simple misdemeanor if the other person suffers serious bodily injury. It is an aggravated misdemeanor if the other person dies. [5/17: 45-0 (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]
SF 253 provides that when the victim of sex abuse is under 14, the perpetrator can be charged with sex abuse in the second degree. Previously, when a victim was under 12, it was 2nd degree sex abuse, a class “B” felony. Previously, if the victim was 12 or 13, it was sex abuse in the 3rd degree, a class “C” felony. [2/9: 48-0 (Excused: Hogg, Nunn)]
SF 342 – LawEnforcement Omnibus bill, including enhanced penalties for protestors
SF 342 has 14 Divisions comprised of 56 sections relating to a variety of laws regarding law enforcement, protestors, workers compensation benefits and other policy issues.
Division I: – Confidentiality
Sections 1-5: Expands the Address Confidentiality Program
Allows victims of assault to participate in the address confidentiality program under the Secretary of State.
Allows active or retired state or local judicial officers, federal judges, their spouses or children to participate in the address confidentiality program.
Allows an active or retired state or local prosecuting attorney, their spouse or child to participate.
Allows active or retired peace officers, civilian employees of a law enforcement agency or their spouses or children to participate in the address confidentiality program.
Provides that an address confidentiality program participant may request that the county assessor redact their name from electronic documents available to the public on the assessor’s website at no cost.
Section 6: It is not a violation of the open records chapter if a person has good reason to believe they acted in compliance with the open records law. Good reason and good faith are present if a person incorrectly balanced the right of the public to receive public records against the rights and obligations of a government body to maintain confidential records under any court-created balancing test, unless the person is unable to articulate a reasonable basis for their “balancing.” No damages, costs or fees will be awarded.
Section 7: Peace officers, civilian law enforcement employees, state or federal judicial officers or prosecutors can have their names redacted at no cost from the county assessors’ and county recorders’ publicly available Internet sites. Former peace officers and former civilian employees may request to have their names redacted upon evidence of a compelling safety interest.
Section 8: A peer support group counselor or individual present for a group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency or fire department cannot disclose any confidential communication when giving testimony. However, the officer or civilian employee may consent to the disclosure. If the counselor or group crisis intervention individual was an initial responding officer, a witness or party to the incident, the prohibition does not apply.
Division II: Uniform Commercial Code and Fraudulent Filings
Sections 9-11: Creates a process to address and remove Uniform Commercial Code filings intended to harass or defraud. It will be a crime when a person intentionally makes a fraudulent UCC filing with the intent to harass or defraud.
Division III: Qualified Immunity – Effective Upon Enactment
Sections 12-16: A state or local government employee is not liable for monetary damages for a tort under these circumstances:
The right, privilege or immunity secured by the law was not clearly established at the time of the alleged deprivation, or a reasonable employee would not believe it was sufficiently clear.
The alleged conduct was consistent with the law, per a court decision.
Neither state nor local government will be liable for a claim if the employee is protected by qualified immunity.
Any court decision denying qualified immunity will be immediately appealable.
Division IV: Peace Officers’ Bill of Rights
Sections 17-22:
A peace officer will be immediately notified in writing of the results of a formal administrative investigation.
If a complaint against an officer alleges workplace harassment, the officer will only receive a written summary of the complaint. Previously, an officer received a written summary if the complaint alleged domestic abuse, sexual abuse or sexual harassment.
An officer has the right to legal counsel during hearings or other disciplinary or administrative proceedings relating to the complaint, in addition to the assistance of legal counsel during the interview of the officer.
Information received from the officer by the officer’s legal counsel, union representative or employee representative is privileged, and legal counsel may coordinate and communicate in confidence with the officer’s designated union representative or employee representative.
If a formal investigation results in discipline, witness statements and the complete investigative agency’s report must be provided to the officer upon request when the investigation is complete.
An officer has the right to sue for damages for the filing of a false complaint or for any other violation of the Peace Officer’s Bill of Rights. Damages can include court costs and reasonable attorney fees.
The officer’s personal information is confidential and will be redacted from records prior to public release.
The officer’s employer must keep confidential an officer’s statement, recordings, or transcripts of any interview or disciplinary proceedings and any complaint made against an officer, unless otherwise provided by law or if the officer consents to release.
Any agency employing full-time or part-time officers must provide training to any officer or supervisor who performs or supervises an investigation under this section. The Iowa Law Enforcement Academy will adopt minimum training standards.
The employer must provide to a requesting officer or the officer’s legal counsel a copy of the officer’s personnel file and training records.
Division V – Officer Disciplinary Actions
Sections 20-21:
An officer will not be disciplined or discharged by state, county or municipal law enforcement solely due to a prosecutor’s determination or disclosure that exculpatory evidence exists concerning the officer. However, a law enforcement agency may discipline or dismiss an officer based on the officer’s underlying actions.
Division VI – Peace Officer’s Health Plan – Effective Upon Enactment
Sections 22-26:
Peace officers employed with the Department of Public Safety who are not covered under a collective bargaining agreement but were at any time eligible to enroll in the group health insurance plan negotiated under Chapter 20 between the state and the State Police Officers Council Labor Union may participate in the union health insurance plan. In addition, a manager or supervisor who was previously covered under the collective bargaining agreement will not lose group health insurance benefits as provided by the agreement. A retiring peace officer participating in the group health insurance plan may continue participation in the group plan after retirement. Any savings realized from peace officers participating in the negotiated group plan will be retained by the Department of Public Safety.
In addition, Natural Resource officers not covered under a collective bargaining agreement but who were at any time eligible to be enrolled in the group health insurance plan negotiated under chapter 20 will be permitted to participate in the group health insurance plan negotiated under Chapter 20. Managers and supervisors no longer covered by the collective bargaining agreement will not lose group health insurance benefits as provided by the agreement. Retirees will have the option to continue participation in the group health insurance plan offered by the state. Savings calculated by the Department of Natural Resources are to be transferred to the state fish and game protection fund.
Division VII – Workers’ Compensation Disability Medical Benefits
Sections 27,28, 29:
Relating to Peace Officers Retirement System and IPERS: Any workers compensation benefit for past medical expenses or future medical expenses will not be offset against and not considered payable in lieu of any retirement allowance on account of the same disability. Any workers comp benefits for reimbursement of vacation or sick time or unpaid time off will not be payable in lieu of any retirement allowance.
Relating to IPERS: An employer must provide reasonable surgical, medical, dental, osteopathic, chiropractic, podiatric, physical rehabilitation, nursing, ambulance and hospital services and supplies for a member who is injured in the line of duty and is receiving an in-service disability retirement allowance.
Division VIII: Enforcement of Laws – Peace Officers Carrying Firearms
Sections 30-36: Prohibit a local entity from adopting or enforcing a policy or taking any other action that prohibits or discourages the enforcement of state, local or municipal laws.
Local entities cannot consider race, skin color, language spoken or national origin while enforcing state, local and municipal laws, except to the extent permitted by the U.S. or Iowa constitutions.
Those who believe a local entity has violated this chapter may file a complaint with the Attorney General. If the Attorney General determines a complaint is valid, he will notify the local entity, and may file a civil action to stop the behavior.
A local entity will be denied state funds for the fiscal year after a final judicial determination is made and a local entity will continue to be denied state funds until eligibility is reinstated. This will not apply to state funds for wearable body protective gear for law enforcement. The Department of Management will write rules to implement these sections.
Section 37: A peace officer cannot be prohibited from carrying a firearm while performing official duties.
Division IX: Assaults involving lasers, assaults upon certain classes of people, harassment, criminal mischief. This Division is effective upon enactment.
Sections 39: Pointing a laser at someone with the intent to cause pain or injury is added to the definition of assault. This doesn’t apply to an officer discharging duties, a health care professional providing professional services, or laser tag.
Section 40: Adds civilian employees of a law enforcement agency or fire department to the list of individuals who, when assaulted, the penalty for a defendant is enhanced.
Section 41: Adds that a person commits harassment in the first degree (aggravated misdemeanor) when that harassment occurs against another person who is lawfully in a place of public accommodation.
Section 42: It will be criminal mischief in the 2nd degree, a “D” felony, when a person damages publicly owned property.
Division X: Public Disorder. This Division is effective upon enactment.
Section 44: The penalty for rioting is increased from an aggravated misdemeanor to a class “D” felony.
Section 45: Increases the penalty for unlawful assembly from a simple misdemeanor to an aggravated misdemeanor and adds that it’s unlawful assembly if a person joins a lawful assembly but remains after the assembly becomes unlawful.
Section 46: Adds to the disorderly conduct Code section:
It will be an aggravated misdemeanor for disorderly conduct if, while obstructing any street, sidewalk, highway or other public way intending to prohibit others from using them, a person obstructs or attempts to obstruct a fully controlled-access facility on a highway, street or road with specific speed restrictions; commits property damage; or is present during an unlawful assembly.
It will be a “D” felony for disorderly conduct if, while obstructing any street, sidewalk, etc., a person is present during a riot, or causes bodily injury.
It will be a “C” felony disorderly conduct if, while obstructing any street, sidewalk, etc., a person causes serious bodily injury or death.
Section 47: Creates the new crime of “Interference with Public Disorder Control.” When any person possesses a tool, instrument or device with the intent to suppress or disrupt law enforcement from legal deployment of a device to control public disorder, that person commits an aggravated misdemeanor.
Division XI – Eluding Law Enforcement, Acts on Highways, Civil Liability – Effective upon enactment.
Section 49: Adds that not stopping for an unmarked law enforcement vehicle driven by an officer, who doesn’t have to be in uniform, constitutes eluding.
Section 50: Prohibits operating a bicycle, skateboard, or other pedestrian conveyance or the presence of a pedestrian on a fully controlled-access facility. A violation will result in a ticket.
Section 51: A driver exercising due care who injures another person participating in a protest, demonstration, riot or unlawful assembly, or who is blocking traffic in a public street or highway, is immune from civil liability. If the driver is reckless or willful, there is no civil immunity. If the protest was conducted pursuant to a valid permit, there is no immunity for the driver.
Division XII: Window Tinting
Section 53: The prohibition against vehicle window tinting does not apply to a person who operates a motor vehicle owned or leased by any law enforcement agency if operating the vehicle is part of the person’s official duties.
Division XIII: Sheriff Salaries
Section 54: Requires a county compensation board to set the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol and DCI and police chiefs employed by cities of similar population.
Division XIV – Civil Service Commission Examinations
Sections 55-56: These sections require a city’s civil service commission to hire people with expertise to prepare and administer the original and promotional examinations approved by the commission. Previously, a commission could prepare and administer the examinations or hire experts. [5/17: 27-18, party-line (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]
SF 343 is a fix to ensure that Department of Corrections staff, Community Based Corrections staff and Board of Parole staff have statutory authorization to access confidential information regarding offenders.
The bill provides that employees of the Department of Corrections and employees of the Judicial Community Based Corrections Districts have access to confidential information when authorized by the respective directors. This includes:
Substance abuse diagnosis and treatment commitment information records
Mental health information
Confidential arrest warrant information
Presentence investigation reports
Employees of the Board of Parole also will have access to pre-sentence investigation reports when authorized by the chair or a member of the board. [2/17: 48-0 (Excused: Hogg, Nunn)]
SF 357 comes from the Division of Criminal and Juvenile Justice Planning (CJJP) of the Iowa Department of Human Rights. The Division monitors juvenile detention facilities relating to the Juvenile Justice Delinquency Prevention Act, which was reauthorized in 2018. The federal law includes a new provision that prohibits states from placing a youth being prosecuted as an adult in an adult jail. This bill brings Iowa into compliance with the federal law.
A judge or magistrate may authorize detention in an adult facility for six to 24 hours only if the facility serves a geographic area outside the standard metropolitan statistical area as determined by the U.S. Office of Management and Budget.
A child charged in adult court will not be detained in an adult detention facility unless the court determines in writing after a hearing that it is in the best interest of the child and the community, considering:
The age of the child
The child’s physical and mental maturity
Present mental state of the child, including whether the child is at risk of harming themselves
Nature and circumstances of the alleged act
Prior delinquent acts
Availability of facilities to meet their needs, and protect the community and other detained children
Any other relevant factor
If it is best for the child to be held in an adult facility, the following must apply:
Child will not have sight or sound contact with adult inmates
The court will hold a hearing at least once every 30 days, or every 45 days in a rural area, to review whether it remains in the best interest of the child and the community
A child will not be detained in an adult facility for more than 180 days except for good cause or the child waives the limitation. [3/10: 48-0 (Absent: Hogg, Nunn)]
SF 387 – Iowa Law Enforcement Academy and Veterans Educational Assistance Benefits
SF 387 requires the Iowa Law Enforcement Academy to amend its administrative rules to ensure its courses of study and training programs meet the requirements of nondegree programs under the Post-9/11 Veterans Educational Assistance Act of 2008, and apply to the Iowa Department of Education for approval. This would entitle certain service members and veterans to use funds appropriated under this Act to help with the tuition and costs of attending ILEA.
Previously, the agency hiring a law enforcement officer, the officer and the state each paid one-third of the cost of attending, with the law enforcement agency often paying two-thirds of the cost (covering the officer’s portion). [2/23: 48-0 (Absent: Shipley, Nunn)]
SF 450 creates a penalty of 2nd degree murder when a caretaker intentionally or recklessly commits dependent adult abuse that results in death. [3/17: 47-0 (Absent: Hogg, Goodwin, Nunn)]
SF 562 – Sexual exploitation by an adult providing training or instruction
SF 562 adds an “adult providing training or instruction” to those who can be charged with sexual abuse or sexual exploitation under 614.1, sexual exploitation by a counselor, therapist or school employee. The legislation applies to any non-school employee 18 or older who provides paid training or instruction to a minor and is at least four years older than the minor. The charge only applies to an offense that occurs within the time the adult was received payment for the training or instruction and up to 30 days after.
It will be sexual exploitation by an adult who provides paid training or instruction if there is a pattern or practice or scheme of conduct or any sexual conduct with a minor to arouse or satisfy the sexual desires of the adult or the minor. Sexual conduct includes:
Kissing
Touching of the clothed or unclothed inner thigh, breast, buttock, anus, pubes or genitals
A sex act as defined in Code section 702.17
If the adult engages in a pattern or practice or scheme to engage in any of the conduct described in the bill, the violation is a “D” felony. If the adult engages in any of the conduct with the minor, the violation is an aggravated misdemeanor.
The bill also removes the criminal statute of limitations relating to sex abuse of a minor and other sex crimes against minors. The previous statute for most sex crimes against minors was 15 years after the minor turns 18. [4/28: 48-0 (Absent: Nunn, Schultz)]
HF 201 – Sex Offender Registry requirements and sexually motivated extortion
HF 201relates to the sex offender registration. The bill:
Makes sexually motivated extortion a Tier III sex offense. The determination of “sexually motivated” is made by a jury or the judge.
Requires a sex offender who is registered in another state but resides, works or attends school in Iowa to register as a sex offender in Iowa under the other state’s duration requirements or under Iowa’s duration requirements, whichever is longer. [4/28: 47-0 (Absent: Hogg, Nunn, Schultz)]
HF 231 – Special Sentence for Sex Abuse Committed During a Burglary
HF 231 is intended to ensure that the sentence for a person who pleads guilty to or is convicted of sex abuse committed during a burglary, a class “B” felony, includes a sex offender special sentence. A special sentence for sex offenders requires that after an individual serves the sentence for the underlying crime, they must be placed on parole for supervision by Community Based Corrections, in this case, for life. The County Attorneys Association believes this crime was intended to be included in the crimes that would require a sex offender special sentence. An example of why this should require a special sentence is that current law requires a special sentence if a person is sexually assaulted outside of their home; therefore, they argue, it should be the same when a person is sexually assaulted inside their home. [2/17: 49-0 (Excused: Nunn)]
HF 232 requires a person to intentionally or recklessly cause unreasonable distress to the occupants of a residence or building to be guilty of the crime of disorderly conduct. Intent or recklessness was not previously required. [2/9: 48-0 (Excused: Hogg, Nunn)]
HF 233 creates the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act,” which provides a civil cause of action for an individual who has been harmed by the unauthorized and intentional sharing of an intimate image. Many states, including Iowa, have passed criminal laws penalizing unauthorized sharing of such images. This bill provides a remedy that the criminal law does not.
A civil cause of action for damages can be pursued under these circumstances:
The person disclosing the image knew or acted with reckless disregard because:
The depicted individual did not consent to the disclosure
The intimate image was private
The depicted individual was identifiable
It is not consent to disclosure if:
The depicted individual consented to creation of the image
The depicted individual previously consented to disclosure of the image
The depicted individual had a reasonable expectation of privacy even if the image was created in a public place
Exceptions to liability include:
In law enforcement
A legal proceeding
Medical education or treatment
Made in good faith in the reporting or investigation of:
Unlawful conduct
Unsolicited and unwelcome conduct
Related to a matter of public concern or public interest
Reasonably intended to assist the depicted individual
A parent or guardian is not liable for disclosure of the images unless the disclosure of the image is prohibited by law or unless the image was made for inappropriate purposes as listed in the Act.
An action brought under this Act entitles the Plaintiff to exclude or redact from the pleadings any documents with identifying characteristics. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 282 increases the criminal penalty for abuse of a corpse from a “D” felony to a “C” felony. “D” felonies are punishable by up to five years in prison and a fine of $1,025 to $10,245. “C” felonies are punishable by up to 10 years in prison and a fine of $1,375 to $13,660. A person commits abuse of a human corpse if the person mutilates, disfigures or dismembers a human corpse with the intent to conceal a crime; or hides or buries a human corpse with the intent to conceal a crime. [4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]
HF 309 – Non-disclosure of personal information of tax-exempt organizations
HF 309prohibits a public agency from seeking disclosure of personal information from a 501(c) tax-exempt organization that would reveal the identity of a member, supporter, volunteer or donor. Additionally, public agencies cannot request from a current or potential contractor a list of tax-exempt organizations that the contractor has supported.
Personal information may be disclosed pursuant to a lawful warrant or discovery request when there is a compelling need for the information by clear and convincing evidence.
Disclosure of personal information is permitted when there is an agreement between an organization and a public agency.
Personal information is exempt from the definition of public records under Code Chapter 22.
Those who violate this law are subject to civil and criminal penalties. [4/13: 45-1 (No: Garrett; Absent: Hogg, Lofgren, Nunn, Rozenboom)]
HF 361 – Guardians Ad Litem for Certain Child Prosecution Witnesses
HF 361 changes the definition of “child” to include all those under 18. Thus, all child prosecution witnesses in cases involving sex abuse, human trafficking, incest, neglect or abandonment of a dependent person, and child endangerment or sexual exploitation of a minor are entitled to have a guardian ad litem. The GAL must be a practicing attorney and file reports with the court as required.
This bill comes from the County Attorney Association. Members of the Association provided examples of cases in which minor victims aged 14, 15, 16 and 17 had a parent or guardian who did not provide support and were not looking out for the child’s best interests in criminal proceedings. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 365allows a sheriff to serve a notice of garnishment by electronic means in addition to the options of personal service, certified mail or first-class mail. The garnishee may return service in the same manner, and is to submit the answers to the notice of garnishment within 21 days of service. This bill comes from the Sheriffs and Deputies Association. When a sheriff sends a notice of garnishment to a garnishee in a different county, the sheriff must notify the sheriff of the garnishee’s county as well. [4/28: 48-0 (Absent: Nunn, Schultz)]
HF 391 – Controlled substances, precursor substances and schedules
HF 391 amends the controlled substances and precursor substances schedules in the Iowa Uniform Controlled Substances Act and precursor substances chapter. The changes conform Iowa law with federal law. The final bill also addresses hemp products that exceed .03% THC by limiting all cannabidiol and hemp products to a maximum of .03%. [4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]
HF 424 allows a court to set aside a judgment forfeiting a defendant’s bail if, within 150 days from the date of the judgment, the defendant voluntarily surrenders to the sheriff; or the bondsperson (surety), at their own expense, delivers the defendant or facilitates delivery of the defendant to the sheriff. The court can also set aside the judgment if, after considering all of the circumstances, it would be warranted.
Previously, the judgment could be set aside within 90 days, so this bill provides additional time and gives the court authority to set aside the judgment, regardless of whether the defendant surrenders or is “delivered.” [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 426 establishes an automated sexual assault evidence collection kit tracking system within the Crime Victim Assistance Division of the Attorney General’s Office. The system allows victims, county attorneys and others that have custody of the kits to track their location and status. The Crime Victim Assistance Division has already implemented the tracking system with a federal grant.
Legislation will ensure specific requirements for the tracking system:
The manufacturer or distributor of the kits enters information on new, unused kits and documents when a kit is given to a health care provider.
Each health care provider enters kit information into the tracking system within 48 hours of receipt.
When victims of sexual assault consent to a forensic medical exam and preservation of the evidence, the health care provider contacts law enforcement to collect and store the kit.
The location of the kit is updated each step of the way.
When a kit is transferred to the lab, that information is entered into the system.
Results of testing are entered into the system, and the kit is returned to the law enforcement agency.
Victims have decision-making ability throughout the process, and are apprised of their rights and ability to request notification about the status of the kits.
Kits will be kept for 15 years.
The Victim Compensation Fund pays for any healthcare-related costs for the exams and lab fee. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 433 will help ensure court sessions can be recorded by a court reporter. There is a shortage of court reporters in Iowa with multiple vacancies across the state.
The bill has two distinct parts:
Court Reporter Certification – The bill authorizes a judge to appoint a competent, uncertified court reporter for up to one year if a vacancy occurs and the chief judge verifies that a diligent, but unsuccessful, search has been conducted to appoint a certified court reporter to the position.
Adoption Proceedings – This bill would authorize electronic recording for adoption proceedings. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 435 sets up a system whereby the Iowa Department of Transportation (DOT) will include emergency contact information in its database of registration, titles and driver’s license information.
When a person applies for a driver’s license or nonoperator’s ID card, the DOT will request that the applicant supply up to two emergency contacts.
Iowans will not be required to provide the emergency contact information; it is voluntary.
The emergency contact information will be accessed when a person who is involved in a motor vehicle accident or emergency situation dies, is seriously injured, or rendered unconscious and cannot communicate.
If the applicant for the driver’s license is under 18, one of the emergency contacts must be the parent, guardian or custodian.
Effective date is January 1, 2022. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 452 – Human trafficking and practice of massage therapy, cosmetology
HF 452 is part of a statewide effort to stop human trafficking under the guise of massage therapy and cosmetology services.
The bill:
Requires that anyone who claims to be licensed in massage therapy or cosmetology present a copy of their professional license and a government-issued ID upon request of a peace officer investigating a complaint of illegal services. Failure to provide these documents is a serious misdemeanor.
Any advertisement or announcement to the public advertising massage therapy or cosmetology services that falsely represents a person as licensed or offers services that violate state law is a serious misdemeanor.
Adds a definition of “forced labor services” to include knowingly providing or facilitating a forged, altered or fraudulent license, or government-issued ID to facilitate or force, etc., another person to perform labor services, or to present such documents to law enforcement.
Adds a definition of “forced labor services” to include knowingly forcing another person to do an act in violation of state or federal law through debt bondage or servitude, or as a condition of staying in the U.S.
A person who knowingly engages in human trafficking by providing fraudulent documents to facilitate forced labor services or to provide the documents to a peace officer is guilty of an aggravated misdemeanor. If the other person is a minor, it’s a “D” felony.
It’s a “D” felony for any person who controls a building or structure to knowingly allow it to be used for human trafficking.
It will be an affirmative defense to crimes in the bill that the defendant is a victim of human trafficking.
Establishes “restorative expenses” that a person convicted of human trafficking must pay to victims. [4/28: 48-0 (Absent: Nunn, Schultz)]
A perfected lien will be limited to the county or counties in which the building, land or improvement to be charged is situated. When property is located in more than one county, the lien must be filed more than once for each county, and a contractor at times must post a bond for each lien filed relating to the same property.
In an action brought upon a bond given in lieu of a mechanic’s lien, the prevailing plaintiff may be awarded reasonable attorney fees. In an action to defend any bond given in lieu of a mechanic’s lien on residential construction property, if the person defending against an action on the bond prevails, the court may award reasonable attorney fees and actual damages.
The bill has a delayed effective date of January 1, 2022, for the Secretary of State to make necessary software changes. [4/13: 46-0 (Absent: Hogg, Lofgren, Nunn, Rozenboom)]
HF 603 establishes a sexual assault forensic examiner program to be administered by the Victim Assistance Division of Iowa’s Department of Justice. The Division will establish training and provide technical assistance to sexual assault examiners and sexual assault nurse examiners. An advisory committee will work with the Division to develop the program. Monies from the Victim Compensation Fund may be used to support the program.
The program will:
Maintain a list of sexual assault examiners and sexual assault nurse examiners who have completed the training.
Develop and provide online training to treatment facilities for sexual assault examiners.
Create uniform materials that all treatment facilities and federally qualified health centers must provide to patients and non-offending parents or guardians regarding medical forensic examination procedures and laws about consent related to medical forensic services, benefits and risks of evidence collection, and recommended time frames for evidence collection.
Update statewide sexual assault protocols and provide technical assistance upon request to health care professionals. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 621 – No Civil Liability for Firearms Manufacturers, etc.
HF 621, along with numerous other Republican bills limiting civil liability, provides that no civil action may be brought against a firearm or ammunition manufacturer, importer, distributor, trade association, seller or dealer when the design, manufacture, marketing, or sale of a firearm, firearm accessory or ammunition for a firearm comports with the law.
In addition, no civil action can be brought or maintained against a manufacturer, distributor, etc., to recover damages resulting from the criminal or unlawful misuse of a firearm, firearm accessory or ammunition for a firearm by a third party.
If there is an action brought against a manufacturer, etc., that is prohibited by this bill, the action must be dismissed, and the defendant will be awarded reasonable attorney’s fees and costs.
Actions may be brought against a manufacturer, distributor, etc., for breach of contract or warranty, for damage or harm to a person or property because of a defective firearm or ammunition, or for injunctive relief to enforce a valid statute, rule or ordinance. [3/22: 31-17, party-line (Absent: Kinney, Nunn)]
HF 699is the Nonsubstantive Code Editor’s bill, submitted each year to make Code changes that generally exceed the Code Editor’s editorial authority, but that are considered to be nonsubstantive and noncontroversial in nature. In some cases, the changes are within the Code Editor’s authority but are significant enough that public notice of the changes is considered important. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 709 – Pre-trial contact between minor prosecution witness, defendant
HF 709 adds a new section to the Victims’ Rights Chapter in the Iowa Code. The bill provides that a prosecuting witness under 18 has the right to an interview or deposition taken outside the presence of the defendant. Closed-circuit television may be used for an interview or deposition so that the defendant can view the interview or deposition. Some other form of viewing may be used as long as the defendant does not have contact with the minor. The defendant can communicate electronically with their attorney who is in the room where the minor is being interviewed or deposed. [4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]
HF 710 adds a new section to Iowa’s Child Endangerment statute. It will be child endangerment when a registered sex offender whose offense was a sex offense against a minor has control of or unsupervised access to a minor. Previously, a parent or guardian who allowed a registered sex offender to have control of or unsupervised access to a minor committed child endangerment. This bill adds that the sex offender will also be committing child endangerment.
The crime of child endangerment does not apply in these situations:
When the sex offender is the legal parent or guardian of the minor and the control or unsupervised access is not otherwise illegal.
When the sex offender is married to and living with the legal parent or guardian of the minor and the control or unsupervised access is not otherwise illegal.
Any violation is a “D” felony, which can result in up to five years in prison and a fine. [4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom)]
HF 739 is the Substantive Code Editor’s Bill, which is submitted annually pursuant to Iowa Code Section 2B.6 and Joint Rule 11. The bill includes:
Completion of the effort to update and correct string citations by changing the word “to” to “through” and determining whether all of the Code sections are actually intended to be referenced in the citation. This is done to clarify citations and ensure the correct Code sections are tagged and linked properly.
Changing “herein,” “hereinbefore,” “aforesaid,” “above,” “hereinafter” and similarly vague internal references, or by striking the references, to clarify the meanings of the Code sections amended.
Conforming language either in the same section or elsewhere in the Code to improve readability and consistency.
Corrections to language due to oversights in or conflicts between legislation or codification issues.
A correction to an outdated rule-making provision that does not reflect current practice.
Updates to other archaic language and style to conform to current Code style.
HF 743 – Public Defender Representing Indigent Adopting Parents
HF 743 adds an additional duty to a local public defender’s office. Under the bill, a local public defender must represent an indigent party who files a petition to adopt a child when the local public defender’s office was previously involved in the termination of parental rights proceeding relating to the child. These relate only to Chapter 232 termination of parental rights cases which are state initiated. If there is a conflict of interest, the adoptive parents must be referred to outside counsel who has contracted with the state public defender. [5/17: 44-0 (Absent: Celsi, Goodwin, Johnson, Nunn, Schultz, Williams)]
HF 746 – Statute of Limitations for Veterinary Malpractice
HF 746 adds a new section to Code Chapter 169 relating to veterinary practice. The bill provides a statute of limitations for an action brought for professional negligence or malpractice against a veterinarian. A person will have two years after the date the claimant knew, or should have known, or received notice of the injury for which damages are being sought, to bring an action against a veterinarian. The bill specifies that the action for professional negligence relates to damage to property and says that property includes an animal. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
HF 753 – Causing death while speeding in excess of 25 MPH
HF 753 relates to a person who, while speeding, causes an accident that results in the death of another. If a person exceeds the posted speed limit by 25 miles per hour or more, and the person’s speeding causes the death of another person, it will be considered “Homicide by Vehicle.” This is a class “C” felony, punishable by up to 10 years in prison and a fine. This section does not apply to a member of a public safety agency while performing official duties. [5/5: 48-0 (Absent: Hogg, Nunn)]
HF 756 – No background checks for private transfers of firearms
HF 756 makes significant changes to Iowa’s firearms permitting laws by doing away with requirements for permits to acquire and permits to carry. The bill:
Does away with Iowa’s law requiring a permit to acquire for purchasing a pistol or revolver. That means no expanded background check by a sheriff and no three-day waiting period to purchase a handgun. No background checks whatsoever would be required for private sales.
Does away with the requirement for a permit to carry a weapon in public. Without the requirement for a permit to carry, people without any type of firearms training can carry in public.
Therefore, a person can purchase a firearm from a private seller without a background check and then carry it anywhere in public without any firearms training or showing of proficiency.
Other sections of the bill include:
Individuals don’t need a permit to carry in the Capitol or on Capitol grounds. However, open carry is prohibited.
It will be an aggravated misdemeanor if a person goes armed with a dangerous weapon and uses it in committing a crime. However, if a person is armed with a dangerous weapon with the intent of using it against another person, it will be a “D” felony.
The bill allows all certified peace officers, including federal officers, to carry on school grounds at any time when their job requires them to be armed at all times.
Allows certain Emergency Care Providers (EMCs) to be issued a professional permit to carry when the EMC is attached to a law-enforcement tactical team, trains with the tactical team, and must complete the firearms training and additional training along with the tactical team.
The Department of Public Safety must approve organizations—in addition to the NRA—that will certify handgun-safety training instructors. But because there is no requirement for a permit to carry, training is not required.
Prohibits local governments from passing regulations on “carrying” firearms or other weapons. Previous law prohibited local governments from regulating the ownership, possession, legal transfer, lawful transportation, modification, registration or licensing of firearms, but did not include “carrying” in the prohibition.
Tenants’ Possession and Storage of Firearms:
Landlords, including manufactured-housing park owners/managers, who receive any type of government rental or housing assistance cannot prohibit or restrict the lawful ownership, use or possession of a firearm, firearm component or ammunition within the tenant’s rental unit. Possession or storage of a firearm by a tenant does not constitute a clear and present danger.
Landlords have liability protection from damages resulting from a firearm, etc., that the landlord must allow on the property, unless the landlord is willful, reckless or engages in gross negligence. [3/22: 31-17, party-line (Absent: Kinney, Nunn)]
HF 757 – Drivers Licenses and Ignition Interlock Devices
HF 757aims to improve compliance with certain driver’s license restrictions imposed on those with OWIs (Operating While Intoxicated) and other offenses. The bill:
Requires an ignition interlock device (IID) to be installed only on vehicles operated by a first-time OWI offender. Previous law required that ignition interlock devices be installed on all vehicles OWNED or operated by the offender. The cost of installing devices on all vehicles owned or operated is a disincentive to compliance.
Allows those caught driving with a suspended or revoked driver’s license to be eligible for a temporary restricted license (TRL). Previously, if a person is caught driving with a suspended, barred, revoked, etc., license, the Department of Transportation must extend the period of suspension, revocation, etc., for a like period of time and not issue a temporary restricted license. [4/28: 48-0 (Absent: Nunn, Schultz)]
HF 821 – Civil Cause of Action for making false reports to law enforcement
HF 821provides that when a person harasses another by reporting false information to law enforcement implicating the other person in criminal activity knowing that the information is false, or reports the alleged occurrence of a criminal act knowing the act did not occur, the victim of the harassment may bring a civil suit against the person who filed the false report or information. [4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]
HF 558 – Minimum age for amusement ride attendants
HF 588 establishes a minimum age and training requirements for attendants who control amusement rides. Under this bill, an attendant who controls rider restraints or the operation, starting, stopping or speed of an amusement ride must be at least 16. A person must complete training prior to working as an attendant at a carnival or fair.
A person who violates any order or rule issued by the Labor Commissioner pursuant to state law governing inspection of amusement rides is guilty of a serious misdemeanor. While this new law does not change child labor code sections, it appears to conflict with Iowa Code 92.8(6), Child Labor Law. As passed originally, changes in the bill were effective July 1, 2021. Senate File 615 (Standings) made changes in the bill effective upon enactment and retroactively to April 30, 2021. [Senate 4/7: 29-15 (Yes: Republicans, Bisignano, Kinney; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz); House 2/23: 76-17; Gov signed 4/30]
HF 559 makes changes to Iowa’s Apprenticeship Program in Iowa Code 15B. The program provides for training grants awarded to apprenticeship sponsors to conduct and maintain an apprenticeship program. Prior to these changes, Code required the grant amount to be based on a formula for “contact hours” and the number of apprentices. The bill changes the formula by just calculating the number of apprentices.
The bill then provides for an overall eligibility requirement for contact hours. The bill adds a new definition of contact hours: “in-person instruction received by an apprentice participating an apprenticeship program.” At least 100 contact hours per apprentice are required for each training year. The contact hours definition no longer includes online training. The bill applies to applications for financial assistance on or after July 1, 2021. [Senate 3/22: 48-0 (Excused: Kinney, Nunn); House 2/23: 93-0; Gov signed 4/12]
HF 758 – Documentation requirements for affidavits
HF 758 removes the word “substantially” so all counties have the same list of required documents for affidavits for real estate. Previously, Iowa law listed documentation for affidavits in real estate, and it was up to the local county to decide which documents on the list were required. [5/17: 45-0 (Excused: Goodwin, Johnson, Nunn, Schultz, Williams)]
HF 765 – Assessor’s information provided electronically
HF 765 allows assessor’s information to be provided electronically or by e-mail if someone registers for that service. [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]
SF 252 prevents Iowa cities from mandating participation in the Section 8 Federal Housing Program. This action allows landlords to turn away tenants who use public assistance to pay rent. Currently, Des Moines, Marion and Iowa City have ordinances requiring landlords to accept the vouchers. SF 252 maintains all current ordinances for two years. The U.S. Department of Housing and Urban Development is the administrator of Section 8, which helps low-income families, the elderly and people with disabilities afford housing by subsidizing the cost for qualifying units. [3/17: 30-17, party line (Excused: Goodwin, Hogg, Nunn)]
SF 554 allows a county to petition the district court in which the county is located, to award title of abandoned property when the property has been abandoned for at least six months, if the property is located outside the city limits, and if the property is no larger than 2.5 acres. The county cannot petition to acquire the land unless it submits to the court a plan to transfer title to the property to another entity within 18 months after the court enters judgement awarding title to the county. If the court does enter judgement and awards the title of land to the county, it must enforce the county’s plan to transfer title within 18 months. [3/9: 47-0 (Excused: Hogg, Nunn, Whiting)]
SF 353 – Drainage district projects: Repairs or improvements
SF 353 establishes a cost threshold for when an engineer’s report must be filed by a drainage district board. The new threshold will be the greater of $50,000 or the adjusted competitive bidding threshold, which is currently $139,000 for vertical infrastructure. Previously, an engineer’s report was necessary when a project’s cost exceeded the threshold for requiring a public hearing, which is $50,000.
Under the new law, unofficial notices may be provided to interested parties by email. It does not remove any other required notice requirements and does not require someone to receive notices by electronic means. [2/23: 46-2 (No: Celsi, Dotzler; Absent: Nunn, Shipley)]
HF 234 – Lifetime trout fishing stamp for people over 65
HF 234 directs the Iowa Department of Natural Resources (DNR) to establish a lifetime trout fishing stamp for people over 65. Iowans over 65 are already eligible to purchase a lifetime fishing license. A trout stamp is required to fish trout. Under the bill, those with a lifetime fishing license also may get a lifetime trout stamp, instead of purchasing the stamp each year. [5/17: 45-0 (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]
HF 552 makes a number of changes to legislation passed in 2020. That legislation allowed the use of leashed dogs to track a wounded animal. That legislation required training for the person and the dog being used to track deer. However, there is not an established training program for a person that would satisfy this requirement. HF 552 removes that requirement and clarifies that a dog handler may accompany a hunter to track the deer without having a hunting license of their own. [3/29: 45-0 (Absent: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]
HF 560– Requirements for waste tire collectors and processors
HF 560 would increase the required surety bond for waste tire haulers from $10,000 to $150,000. It also increases the financial assurance instrument requirement for waste tire collectors and processors from the equivalent of 85 cents per tire to $2.50 per tire on the site. [3/10: 48-0 (Absent: Hogg, Nunn)]
HF 747 – Game preserve season extension for extreme weather
HF 747 would allow a game preserve to apply to the Iowa Department of Natural Resources (DNR) for a time extension for operating and providing hunting opportunities. The DNR may grant a variance to the operator to extend the season beyond March 31 if the precipitation for the month of January, February or March is above average for the county in which the preserve is located. Approval of the variance is at DNR’s discretion. The season may not be extended beyond April 15, which is meant to provide safety to game birds during the prime nesting season. [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]
