Iowa Senate Democrats

Fighting for a Better Deal for Iowans.

  • State Government Committee – All-Bill Summary 2020

    SF 314 – DAS technical bill expanding designee authorizing ability

    SF 314 will allow an executive branch department director to authorize a designee to approve electronic travel authorization request forms.
    [2/23: 48-0 (Excused: Nunn, Shipley)]

    SF 185 – Repeals the Missouri River Preservation and Land Use Authority

    SF 185 repeals the Missouri River Preservation and Land Use Authority. According to the Iowa Department of Natural Resources (DNR), this Authority hasn’t met in 20 years, and there is no money in the fund. There was no history of any appropriation made since it was created in 1991.

    This work is done through the DNR, which has a license agreement with the U.S. Army Corps of Engineers’ Omaha Division. The agreement grants the DNR Wildlife Bureau management of these areas to conserve and enhance fish and wildlife habitat and provide recreational opportunities to the public. As part of the license agreement, the DNR develops a five-year plan and annual management plans. The work outlined in these management plans will enhance fish and wildlife resources and public access for recreation on wildlife areas owned by the Corps.

    In addition to the efforts on public lands, the DNR Wildlife Bureau maintains a Private Lands Program with a focused effort to enroll landowners in conservation programs across the state in areas such as the Missouri River Alluvial Plain. The DNR coordinates its efforts with those of the Natural Resources Conservation Service, Farm Service Agency, Soil and Water Conservation Districts, County Conservation Boards, local entities and partner organizations.
    [2/3: 35-11 (No: Boulton, Celsi, Dotzler, Giddens, Jochum, Quirmbach, Ragan, J. Smith, T. Taylor, Trone Garriott; Excused: Hogg, Lykam, Nunn; 1 vacancy)]

    SF 315 – Eliminates certain reporting requirements for DAS

    SF 315 strikes the requirement for the Department of Administrative Services (DAS) to file biennial reports in even-numbered years as soon as practicable and on standardized forms furnished by the Department of Management. The bill removes the requirement that DAS submit an annual report to the Legislature and Legislative Services Agency (LSA) on activities funded by and expenditures made from an internal service fund. The bill strikes the requirement that DAS provide a monthly report on the Revitalize Iowa’s Sound Economy (RISE) fund.
    [2/17: 48-0 (Excused: Hogg, Nunn)]

    SF 336 – Blood, bone marrow and living organ donation incentive program

    SF 336 amends the provisions of the bone marrow and vascular organ donation incentive program to instead provide for a blood, bone marrow and living organ donation incentive program. The bill allows a state employee requesting a leave of absence to serve as a vascular organ donor to instead serve as a living organ donor. The bill also includes new provisions to allow a state employee to be granted a leave of absence of up to two consecutive hours in a workday if the employee requests a leave of absence to serve as a blood donor, and the employee provides written verification from the employee’s physician or the facility involved with the blood donation. An employee may submit a request for a leave of absence to serve as a blood donor no more than four times in a year.
    [3/22: 48-0 (Absent: Kinney, Nunn)]

    SF 413 – Voter Suppression and penalties for county auditors 

    SF 413 is the Republicans’ 2021 voter suppression bill. The bill contains many provisions that make early voting harder for Iowans, make it more difficult for county auditors to conduct elections, increase the likelihood of mass voter roll purges, give the Secretary of State (SOS) broad and expanded authority to penalize county auditors, and reduce satellite voting opportunities and ballot drop boxes.

    Absentee Ballots and Voting Restrictions

    • Moving the poll closing time from 9 p.m. to 8 p.m.
    • Cuts by 50 days (from 120 to 70) the time a voter has to request a vote-by-mail ballot.
    • Lowers the number of early voting day from 29 to 20. Twenty days would leave almost no room to correct technical ballot errors for Iowans voting by mail. Voted ballots must be received by the county auditor by 8 p.m. on Election Day. No longer will voted ballots be accepted if mailed before Election Day but not received by Election Day.
    • No vote-by-mail requests can include any pre-filled-out information besides the date of election.
    • Prohibits ballot pick up or delivery from someone who is not in the same household, an immediate family member or a caretaker, though this assistance is allowed for hospitals, long-term care facilities and registered Safe at Home participants.
    • Registration and vote-by-mail requests must be received 15 days before the election (maintains Election Day registration), up from 10 days. If an auditor receives an absentee ballot request after the 15-day deadline, they must notify the voter that they won’t get an absentee ballot.
    • Prohibits absentee ballots that were mailed before Election Day from counting if they were not received by 8 p.m. This would have eliminated 6,500 legal ballots from being counted in the 2020 election.
    • Removes barcode and postmark information from Code as eligibility determinants for ballots to be counted.
    • Overseas, hospitals, long-term facilities voters/ballots will still count if postmarked or barcoded to denote they was mailed before Election Day but received after Election Day. Overseas voters will still have the federally required 52 days for absentee voting. 
    • Prohibits anyone from correcting their ballot after 8 p.m. on Election Day. 
    • Prevents auditors from establishing satellite voting locations without petitions. 

    Auditor Restrictions/ SOS Powers/Penalties

    • Auditors deemed not doing their official duty can now be charged with a class “D” felony.
    • SOS can impose a fine up to $10,000 on an auditor for a technical infraction. An auditor may be suspended for two years for failing to pay the fine.
    • Police and State Patrol are authorized to take “reasonable” actions to prevent violation of the canvass of votes.

    Voter Registration

    • Voter registration “verification” must be completed in the first quarter of each year. 
    • SOS can contract with a private third party for list maintenance.
    • A voter may have their voter registration canceled (changed to inactive) for not voting in the previous General Election year and having a piece of mail determined non-deliverable.

    Ballot Drop Boxes

    • Only one per county, and it must be in the office of the auditor.
    • Video surveillance must monitor all activity while the ballot box is in place. The ballots must be retrieved no less than four times a day, and the county auditor must maintain a log of each time the ballots are retrieved.

    Miscellaneous Provisions

    • Republicans have gone to great lengths to make it more difficult for Libertarians or other eligible third parties to get on the ballot by making changes regarding nominations and signature requirements.
    • Prohibits a person on the ballot from helping someone who is physically disabled, blind or cannot read English with their ballot.
      [2/23: 30-18 (Excused: Nunn, Shipley)]

    SF 424 – Apprenticeship and certain professional licensure requirements

    SF 424 requires licensing boards in 272C.1 to grant a license to a person who completes an apprenticeship program that meets federal requirements. Licensing boards may impose the same exams and fees for apprenticeship applicants as those who completed an educational program. A board cannot require an applicant to complete more hours of apprenticeship training than the number of hours of education required in an educational program. The bill takes effect January 1, 2022.

    The bill does not change the provisions for apprenticeship programs for licenses for electricians and electrical contractors or for plumbers, mechanical professionals and contractors. The bill does not apply to fire extinguishing and alarm systems contractors or fire protection system installers.
    [4/13: 46-0 (Excused: Hogg, Lofgren, Nunn and Rozenboom)]

    SF 517 – Schools must award credit, excuse PE for legislative pages

    SF 517 directs school districts and accredited nonpublic schools to award a credit of one-half unit of the three units of social studies credit required for graduation, to students who participate in the legislative page program at the state Capitol. The bill also exempts a student is from physical education (PE) requirements while participating in the legislative page program.
    [3/29: 44-1 (No: Bisignano; Excused: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]

    SF 541 – Smart contracts in ledger technology

    SF 541 modifies the Uniform Electronic Transactions Act by permitting the use of “distributed ledger technology” and “smart contracts” in electronic transactions. The bill allows this new technology to facilitate the use of electronic transactions in commerce by giving legal recognition to electronic records, signatures and contracts. The bill is technology neutral, which will be useful as technology changes in the future. The bill is effective January 1, 2022.
    [5/5: 48-0 (Excused: Hogg, Nunn)]

    SF 568 – Public measures election and voting bill

    SF 568 relates to the conduct of elections, including nominations and procedures for proposed amendments to the Iowa Constitution. It also includes changes to SF 413 (GOP voter suppression bill), passed earlier in the session.

    Voter Registration Cancellation: Prohibits sending a voter a notice and return card for the purpose of cancelling or making a voter inactive if the registered voter was not 18 years old for the previous General Election.

    Provision Ballot: Clarifies that the new absentee ballot deadline does not apply to those who are eligible to reconcile their provisional ballots.

    Absentee Request Forms: Requires voter to date and sign absentee ballot requests forms.

    Satellite Voting:

    Allows a valid petition for satellite voting to be rejected within four days if any of these apply:

    1. The site is not accessible to elderly and disabled voters.
    2. The site has physical limitations that make it impossible to meet ballot security and secret voting provisions.
    3. The owner of the site refuses.
    4. After a reasonable effort, the auditor cannot find staff to ensure compliance with law.

    If the petition asks for satellite voting location in a city runoff election and a special election is held between the date of the regular city election and the city run-off election, the petition may be denied. A petition also may be denied if the owner of the site demands payment.

    If a county auditor receives two petitions for the same precinct, they may establish only one satellite voting location.

    Ballot Courier Language:

    A person who returns a ballot for a registered voter also must be a registered voter in Iowa. A person must be an immediate family member, which is defined as a someone within the fourth degree of consanguinity (a first cousin once removed or great-great grandparent). The delivery agent may only return a ballot so long as the person they are delivering for cannot deliver the ballot on their own due to blindness or disability.

    A person cannot deliver a ballot for someone if they are the voters’ employer, an officer or agent of the registered voter’s union, or a person acting as an actual or implied agent for a political party, or a candidate or member of a candidate’s committee.

    A delivery agent must fill out a form or receipt as prescribed by the Secretary of State. A delivery agent may deliver up to two ballots per election. The delivery agent cannot return the ballot to a mailbox or drop box, and must return it to the county auditor’s office, present an ID and sign a statement that they are eligible to return the ballot.

    After Election Activities: The bill requires ballots to be returned to the auditor on the night of the election and allows election results to be returned by telephone only at the request of the county commissioner.If election results are communicated in person, two precinct election officials or an individual designated by the commission (including but not limited to state or local law enforcement) must return the election results and voting equipment memory device to the auditor in a sealed envelope signed by each precinct election official on the night of the election. The two precinct election officials will be of different political parties in the case of a partisan election. The bill requires a third precinct election official to return the ballots and election register to the county commissioner.

    Secretary of State: SOS must order election audits prior to all elections other than General Elections, effective January 1, 2022.SOS must develop an Internet application to allow voters to track their absentee ballot requests and ballots by February 26, 2024. The system must also inform a voter of an error in their application or ballot that requires correction.

    Public Measures/Elections Changes: Adds the first Tuesday after the first Monday in November of an even-numbered year as an available date for a county to hold a special election on a public measure. This does not apply to cities or school districts. 

    Constitutional Amendments/Petitions: Requires the constitutional convention question, which must be on the ballot every decade, to be treated the same as a public measure on a ballot.

    Holding Two Offices/Vacancies: Allows an elected official to be elected to and simultaneously serve in a second office for not more than 30 days. If a person is elected to multiple incompatible offices and doesn’t resign from one, the vacancy will be in the first office to which the person was elected. Ballot vacancy provisions of the bill are effective January 1, 2022.

    Filing/Withdrawal Deadlines: Changes the deadline for filing and withdrawing nomination papers for primary elections, as well as for filing objections to the nominations of candidates; changes the timeline for replacing a candidate who withdraws from a primary or General Election, or dies; requires a ballot for president and vice-president of the United States to disclose that a vote for such candidates is a vote for the slate of electors selected by the organization nominating such candidates.

    Nomination Papers: Makes multiple changes to signature requirements for county and city office nomination papers.

    Standing in Court: Gives political parties and non-political parties standing to bring certain actions in court, and gives them standing to intervene in certain actions brought by others.
    [3/17: 30-17 (No: Democrats; Excused: Goodwin, Hogg, Nunn); 5/19: 29-17 (Excused: Hogg, Johnson, Nunn, Williams)]

    HJR 5 – Abortion Constitutional Amendment

    HJR 5 is a joint resolution to amend the Constitution of the State of Iowa by specifying that the Constitution does not recognize, grant or secure a right to abortion or require funding for abortion. A joint resolution must be adopted by two consecutive General Assemblies before being submitted to the electorate for ratification. If ratified, the Iowa Constitution would no longer protect a woman’s fundamental right to make decisions for herself.
    [4/6: 30-17, party-line (Excused: Hogg, Nunn, Schultz)]

    HJR 10 – Allow ABATE to sell on State Capitol complex during rally

    HJR 10 authorizes ABATE to sell commemorative t-shirts, sweatshirts, lapel pins and patches on the State Capitol complex grounds during motorcycle rallies and toy runs hosted by ABATE of Iowa District 4 prior to the 90th General Assembly without first receiving approval from the Department of Administrative Services, but subject to proof of an applicable permit. DAS will remove the language from their Memorandum of Understanding so that there’s no need for legislative approval moving forward.
    [4/6: 46-0 (Excused: Hogg, Dawson, Nunn, Schultz)]

    HF 284 – Professional engineer licensure modification

    HF 284 eliminates the requirement that applicants for licensure as a professional engineer show necessary practical experience in engineering work prior to taking an examination designed to determine their proficiency and qualifications to engage in the practice of engineering. The bill does not alter other experience requirements for such applicants.
    [4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

    HF 285 – Music therapist required to be credentialed

    HF 285 requires a music therapist to hold a music therapist board-certified credential granted by the certification board for music therapists. This is not a new license but a profession protection bill. The bill does not prohibit a person from using music in the performance of the person’s profession if the person does not represent that they are a music therapist. A person who recklessly, knowingly or intentionally violates the bill is guilty of a simple misdemeanor, punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or by both. 
    [4/28: 44-4 (No: Brown, Carlin, Klimesh, Williams; Excused: Nunn, Schultz)]

    HF 311 – Social and charitable gambling expansion

    HF 311 allows a licensed qualified organization to conduct one game night per calendar month so long as other application and authorization requirements are met. Previously, licensed qualified organizations could only conduct one game night per calendar year. “Educational, civic, public, charitable, patriotic, or religious” are some of the organizations that would be impacted by this change.
    [4/7: 42-2 (No: Costello, Rozenboom; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

    HF 313 – Minor businesses exempt from permit, license or fee requirements

    HF 313 would prevent any city or county from requiring a permit, license or fee for a business operated by a minor. The bill defines “eligible” business as on-site transactional business operated on an occasional basis for no more than 89 days in a year that is “traditionally” operated exclusively by a person under 18, that they are not prohibited by law from operating. Last General Assembly, the Legislature passed HF 2238, which prevented a municipal corporation from requiring any license, permit, or fee to sell or otherwise distribute food at a stand operated by a minor. “Stand operated by a minor” means a stand or other facility operated by those under 18, at which food is sold directly to consumers that is not time/temperature controlled for safety or an alcoholic beverage, and that operates on a temporary and occasional basis on private property with the permission of the owner of the property.
    [5/17: 45-0 (Excused: Goodwin, Johnson, Nunn, Schultz, Williams)]

    HF 314 — Notifications to Legislature concerning state government leases

    HF 314 establishes notice requirements relating to certain leases or purchases of real property by Department of Administrative Services (DAS) or Executive Branch authority. The Executive Branch must provide prior written notice to the Legislative Services Agency (for Government Oversight Committee review) of any purchase or lease of real property, other than on a temporary basis, to implement programs. DAS must provide LSA information for Government Oversight Committee review on contracts for leases in which any part or the total amount of a contract is at least $50,000.
    [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]

    HF 384 – Takeout alcohol for bars and restaurants

    HF 384 addresses liquor control licenses to clarify that bars and restaurants can sell “original unopened” alcohol containers for off-premises consumption; clarifies that mixed drinks or cocktails must be properly sealed to avoid being considered “opened containers” under Iowa law; and conforms selling hours starting at 6 a.m. for all days of the week. There will be no difference in Sunday sales hours, but a special permit will still be required for an establishment to sell on Sundays. A native distillery, beer/wine wholesaler, native brewery or native winery may be granted not more than two licenses to consume beverages on premises.
    [5/5: 45-3 (No: Celsi, Costello, Guth; Excused: Hogg, Nunn)]

    HF 429 – Lottery operations

    HF 429 focuses on several security-related aspects of the lottery’s operations. Some of the details in the bill are designed to state these security provisions in plain language and come, in part, at the suggestion of local prosecutors and law enforcement who believe that greater clarity in Iowa Code could assist their work. Other changes in the bill are in reaction to Iowa Lottery experiences and lottery industry trends.

    The bill amends the definition of “retailer” to mean a person who sells lottery tickets, and not just a contract, issued by the lottery authority. It amends the lottery prize section, clarifying that the lottery must only pay prizes for tickets or shares that were legally purchased, possessed and presented. The bill modifies criminal penalties so that a person who knowingly or intentionally passes a lottery ticket, or claims a lottery prize on a ticket from someone else to avoid an offset or to circumvent certain prohibited player provisions, is guilty of penalties from a serious misdemeanor up to a Class C felony.
    [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]

    HF 453 – Prohibit regulation beyond state/federal law

    HF 453 prohibits a state agency or state official from imposing any regulation or reporting requirement on corporations, as defined in section 504.141, that exceeds the requirements of state or federal law.
    [4/28: 48-0 (Excused: Nunn, Schultz)]

    HF 491 – Regulating sale or lease of real estate by agency officials

    HF 491 , from the Ethics and Campaign Disclosure Board, prohibits state regulatory agency officials and employees from selling or leasing real estate to those subject to the agency’s regulatory authority unless certain conditions are met. Under previous law, such employees are prohibited from selling or leasing goods or services to individuals, associations or corporations subject to the agency authority of which the person is an official or employee. However, this prohibition did not apply if consent for such sale or lease was obtained from the agency. The bill extended this prohibition and exception to the sale or lease of real estate. A person who knowingly and intentionally violates the bill is guilty of a serious misdemeanor.
    [4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

    HF 514– Pharmacy practice and Pharmacy Board oversight

    HF 514 eliminates the “tech-check-tech” program, which is no longer relevant following the Pharmacy Board’s adoption of administrative rules to establish and implement technician verification programs. It eliminates the one-year registration limitation for a person in training to become a pharmacy technician and simplifies language relating to pharmacist delegation of certain functions. The bill requires outsourcing facilities seeking licensure in Iowa to be inspected by the facility’s home state regulatory authority in the two years immediately preceding the application. The bill allows the board to share with the U.S. Food and Drug Administration information collected on compounded human drug products pursuant to one or more memoranda of understanding. Finally, the bill codifies the provisions of 2011 Iowa Acts, chapter 63, relating to pharmacy pilot or demonstration research projects. The bill eliminates the requirement that the board report the approval or denial of projects to the chairpersons and ranking members of the joint Appropriations Subcommittee on Health and Human Services.
    [4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

    HF 523 – Flood mitigation as essential county purpose

    HF 523 adds flood-mitigation practices, strategies and structures to the list of essential county purposes established in Code. Counties generally can incur debt and issue general obligation bonds for the performance of essential purposes. This will allow a county to perform flood-mitigation projects in unincorporated areas of the county. Cities have this authority, but they are limited in where they are allowed to perform flood mitigation work. The bill was promoted by Muscatine County as a way for them to create flood protection for areas increasingly under the threat of flood damage but outside of the areas where a city can perform the work.
    [4/28: 48-0 (Excused: Nunn, Schultz)]

    HF 546 – Architectural Licensure Examination 

    HF 546 strikes the Iowa Code section added in 2020 that eliminated the time limit for architects to pass all six divisions of the Architect Registration Examination. Iowa is the only state that does not have a five-year “rolling clock” for applicants to pass all six divisions of the exam. Iowa architects who take longer than five years will not be eligible for National Council of Architectural Registration Board’s certification or reciprocity in jurisdictions outside of Iowa. The bill applies retroactively to those who applied to the Architectural Examining Board and passed one or more divisions after June 25, 2020.
    [4/6: 47-0 (Excused: Hogg, Nunn, Schultz)]

    HF 558 – Minimum age for amusement ride attendants

    HF 588 establishes minimum age and training requirements for attendants who control amusement rides. An attendant who controls rider restraints or the operation, starting, stopping or speed of an amusement ride must be at least 16, and must complete training prior to working as an attendant at a carnival or fair. The bill specifies minimum topics for such training. 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 bill does not change child labor code sections, the changes in this bill appear to be in conflict with Iowa Code 92.8(6), Child Labor Law.
    [4/7: 29-15 (Yes: Republicans, Bisignano, Kinney; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

    HF 682 – Appraisal standards and appraiser certification changes

    HF 682 comes from the Real Estate Appraiser Examining Board and modifies Iowa Code for real estate appraisals and appraisers. The bill is designed to alleviate an enforcement gap for out-of-state certified appraisers conducting appraisals on property in Iowa. Federal law requires a real estate-related loan to be facilitated by a financial institution that requires the services of an appraiser and has a value greater than $400,000 (residential transactions) or $500,000 (commercial transactions).

    But neither Iowa law nor federal law explicitly required that the appraiser be certified in the state where the appraised property is located. That discrepancy created an enforcement gap because out-of-state appraisers arguably may perform appraisals in Iowa without first obtaining certification or a temporary practice permit from the Board. The interests of Iowans may be inadequately protected in these cases because regulators in the appraiser’s home state have less incentive to review appraisals conducted in Iowa, and the Board has no authority to enforce appraisal standards against the appraiser.

    The bill addresses this gap by requiring all appraisers who perform appraisals in Iowa to first become certified in Iowa or obtain a temporary practice permit. This puts Iowa on equal footing with neighboring states, all of which require Iowa appraisers to be certified or obtain temporary practice privileges before appraising property located in their states.
    [4/28: 48-0 (Excused: Nunn, Schultz)]

    HF 685 – Orthodontic new service consumer protection

    HF 685 prohibits dentists from using initial orthodontic appliances on a new patient unless the dentist first performs an in-person or tele-dentistry examination of the new patient, or the new patient provides the doctor with their dental record taken within the prior six months. The required examination must include any appropriate conventional or digital imaging necessary to develop a suitable orthodontic diagnosis and treatment plan. The bill defines “new patient” as a person whom a doctor has not examined or provided care, or whom the doctor has not seen during the two years prior to the patient’s most recent appointment.
    [3/29: 45-0 (Excused: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]

    HF 761 – Expanded uses for emergency medical service providers grant program

    HF 761 authorizes the state fire marshal to provide grants under the local fire protection and emergency medical service providers grant program to local volunteer fire protection service providers to purchase necessary equipment. This is in addition to the authorization to provide grants for fireworks safety education programming and to purchase necessary equipment related to the sale and use of consumer fireworks.
    [3/22: 48-0 (Absent: Kinney, Nunn)]

     

    HF 766 – Third party delivery of alcohol

    HF 766 authorizes a retailer to use a third party to deliver alcoholic beverages, provided the licensee or permittee has entered into a written agreement with the third party authorizing them to act as an agent for the purpose of delivering alcoholic liquor, wine or beer. This third party must abide by Iowa law when completing the delivery. Any violation of Iowa Code or Iowa Rules (e.g., delivery to an underage person, delivery to an intoxicated person) by the agent of a licensee is deemed to be a violation committed by the licensee or permittee. All licensees must submit a list of names and addresses of all people, including third-party delivery agents, to the Alcoholic Beverages Division.

    If the licensee violates the rules regarding delivery of alcoholic beverages by retailers, the licensee will not be assessed a penalty if the violation was committed off of the premises and after the alcohol was in process of delivery; and another violation is not committed within a two-year period.
    [4/21: 39-7 (No: Bolkcom, Celsi, Giddens, Hogg, Jochum, Costello, Guth; Excused: Mathis, Nunn, Schultz, Whiting)]

     

    HF 768 – Native distilleries, beer manufacturers, breweries, wine manufacturers

    HF 768 authorizes native distilleries, native breweries, native wine manufacturers and beer manufacturers to be granted up to two class “C” permits to sell native wine at retail for consumption on the premises of the manufacturer or in a retail establishment operated by the manufacturer. Previous law allowed a manufacturer one class “C” permit to sell at retail for consumption on the premises of the manufacturing facility. 
    [4/28: 47-1 (No: Costello; Excused: Nunn, Schultz)]

    HF 785 – Amusement concession games

    HF 785 changes the definition of “amusement concession.” Amusement concessions are games of skill or chance with an instant win possibility, like carnival-style games. Previously, these games did not include casino-style games; the bill adds that amusement concession also does not include nudge games or swap games. A “nudge game” is one in which a participant spins reels and may choose to nudge one or more reels in any direction to complete a winning combination or pattern. A “swap game” is one in which a participant spins reels or simulated reels and may choose to swap, move or substitute one or more icons or symbols to create a winning combination or pattern.

    The bill adds a new Code section allowing video game-type amusement to be licensed as an amusement concession if the game is conducted through continuous gameplay and complies with all requirements and rules from the Department of Inspections and Appeals. Prizes will be awarded based solely upon a participant’s successful completion of a required skill or task in the course of the game’s play. Participant skill is necessary to influence the outcome of the game’s play but is not required to be the predominant factor in determining whether a prize is awarded. The game may be programmed to ensure a set payout percentage to participants of at least 80%. If it’s a set payout percentage, the operator must post that information for everyone to see. The game may also be programmed to award prizes at variable frequency or difficulty.
    [4/21: 45-1 (Excused: Mathis, Nunn, Schultz, Whiting)]

  • Transportation Committee – All Bill Summary 2021

    SF 230 – Salvaged vehicles

    SF 230 changes the threshold from 50% to 70% of the fair market value before a vehicle is considered a wrecked or salvaged vehicle.
    [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; one vacancy)]

    SF 231– Special minor farm permit

    SF 231 allows the Iowa Department of Transportation (DOT) to issue a class C or M driver’s license to those between 14 and 18 who live on a farm or are employed on a farm. It limits the license from operating a motor vehicle with more than two axles or towing another vehicle. The licensee may operate from 5 a.m. to 10 p.m., is restricted to 50 miles from point of origin to destination, and is limited to one unrelated minor passenger in the vehicle. The licensee may stop to refuel at a service station closest to the route travelled.

    Current laws states that special minor permits will not be issued if the applicant resides within one mile of their school building. However, if the applicant resides on a farm or is employed for compensation on a farm, the distance between the residence and the school of enrollment will not apply. The special minor permit is subject to suspension or revocation for the same reasons and in the same manner as any other driver’s license.
    [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; one vacancy)]

    SF 232 – Abandoned vehicles

    SF 232 eliminates the requirement that a law enforcement agency or private entity that takes into custody an abandoned vehicle describe all personal property found in the vehicle. It also makes proof of insurance and a valid driver’s license a requirement from the person who received notice of an abandoned vehicle, or the person claiming on their behalf, if the vehicle is to be driven from the premises.
    [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; one vacancy)]

    SF 234– Secondary road reclassification

    SF 234 states when county supervisors and county engineers classify a road as Level C, the classification must apply to the entire portion of the road between the roads access points. It prohibits only a portion of the road or a bridge from being classified as an area service C classification, but does not apply to roads that end in dead ends. Current Level C roads not in compliance with this law have until January 1, 2022, to meet the requirements.
    [3/17: 47-0 (Excused: Goodwin, Hogg, Nunn)]

    SF 444 – Transfer of registration plates

    SF 444 allows a person to surrender their registration card and plates to a county treasurer of any county in Iowa, rather than the county treasurer of the county where the vehicle is registered. It strikes the requirement that the maximum documentary fee be reduced by $25 after a statewide electronic system for titling, registration and related services has been implemented. The bill also addresses warranty services and states that a motor vehicle franchiser (automaker) must provide a franchisee (auto dealer) a list of time allowances for the performance of warranty services.
    [3/17: 47-0 (Excused: Goodwin, Hogg, Nunn)]

    SF 548 – Regulation of highway advertising devices

    SF 548 amends Iowa’s billboard control laws to avoid any content-based discrimination. A recent Supreme Court case determined that government’s application of different standards for different types of signs based on the content of the sign is an infringement on the First Amendment right to free speech. Failure to comply could result in a loss of $53 million in federal funding. Signs will either be regulated or not regulated, depending upon whether they fit the definition of “advertising devices.” This definition captures all signs that exist in exchange for any type of compensation, monetary or otherwise (defined as “remuneration”).
    [3/8: 48-0 (Excused: Hogg, Nunn)]

    SF 551 -Firefighters responding to an emergency

    SF 551 allows a driver with firefighter or emergency medical service plates to reasonably exceed the speed limit when responding to a fire alarm or emergency call. The driver must have received emergency vehicle operations training and make use of a blue light. It does not relieve the driver from the duty to drive with regard for the safety of others and does not protect them from reckless disregard for the safety of others. It requires the court to dismiss and expunge any citation issued when the driver complied with the bill and who presents to the court a signed statement from the applicable fire chief with details about the driver’s operation of the vehicle while responding.
    [3/17: 47-0 (Excused: Goodwin, Hogg, Nunn)]

    HF 280  – Renewal of CDL online 

    HF 280 is a DOT bill allowing many commercial drivers to renew their Commercial Drivers License (CDL) online every other renewal period. During the pandemic, the federal government allowed CDL holders to renew online unless they hold a hazmat endorsement. This will provide greater flexibility and convenience, and reduce unnecessary in-person appointments by 28,000, freeing up appointment times for those seeking other DOT services.
    [3/29: 45-0 (Excused: Driscoll, Hogg, Kraayenbrink, Nunn. Sweeney)]

    HF 380 – Distracted driving instruction

    HF 380 states that of the 30 hours student drivers must complete in an approved driver education course, at least four hours must include curricula on substance abuse and distracted driving, and provide awareness about sharing the road with bicycles and motorcycles.
    [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

    HF 382 – Weight limits in national emergency

    HF 382 – Iowa Code did not authorize the state DOT to issue one special permit to apply to multiple vehicles with overweight divisible loads on the interstate when those vehicles are all operating under the same motor carrier’s U.S. DOT number. This bill rectifies that problem.
    [3/29: 45-0 (Excused: Driscoll, Hogg, Kraayenbrink, Nunn. Sweeney)]

    HF 389 – Exemption from chauffeur’s license

    HF 389 exempts all volunteer firefighters, volunteer ambulance drivers and rescue squad attendants from being considered chauffeurs.
    [3/22: 48-0 (Excused: Kinney, Nunn)]

    HF 493 – Low-speed electric bikes

    HF 493 defines “low-speed electric bicycle” and establishes three different classes of low-speed electric bicycles and where those bicycles may operate.

    The criteria for each class of low-speed electric bicycle is:

    • Class 1: Low-speed electric bicycle equipped with a motor that may be used only when the rider is pedaling and that ceases when the bicycle speed reaches 20 miles per hour or more.

    • Class 2: Low-speed electric bicycle equipped with a motor that may be used to exclusively propel the bicycle and that is not operable when the bicycle speed reaches 20 miles per hour or more.

    • Class 3: Low-speed electric bicycle equipped with a motor that may be used only when the rider is pedaling and that ceases when the bicycle speed reaches 20 miles per hour or more.

    The bill excludes low-speed electric bicycles from the definition of “vehicle,” thereby excluding them from license and permit requirements; requires that manufacturers or distributors of low-speed electric bicycles permanently affix a label to those manufactured or distributed after January 1, 2022, stating the class number of the bicycle, the top assisted speed and the motor wattage; limits the ability to modify a low-speed electric bicycle in a way that would disqualify it from the definition stated in the bill, and if modification would move a bicycle from one classification of low-speed electric bicycle to another, the bicycle must be labeled as the new classification; prohibits the bike from exceeding the posted or applicable speed limits, and if not posted, will not exceed 20 miles per hour; provides certain manufacturing requirements; and prohibits a person 16 or younger from operating a Class 3 low-speed electric bicycle. Scheduled violations are punishable by a fine of $25.
    [4/12: 46-0 (Excused: Hogg, Lofgren, Nunn, Rozenboom)]

    HF 495– Reporting dates on Road Use Tax Funds

    HF 495 changes the reporting date for cities from September 30 to December 1 each year for monies received from the Road Use Tax Fund. It also changes from December 31 to March 1 reversion of all moneys to the street construction fund.
    [3/22: 48-0 (Excused: Kinney, Nunn)]

    HF 524 – Leaving scene of an accident

    HF 524 applies the mandatory license revocation provision under Iowa Code section 321.209 to a driver who knows or has reason to believe that their vehicle was involved in an accident resulting in injury to or death of a person. It provides that the driver must immediately stop their vehicle at the scene. If the driver leaves the scene and later discovers their vehicle was involved in such an accident, they must make a good-faith effort to immediately contact emergency services.

    HF 524 expands the penalties applicable under Iowa Code section 321.261 to include:

    • Any person failing to stop or to comply with the requirements to stop under this section, who causes an accident resulting in a serious injury to any person, is guilty of a Class D felony.
    • A person failing to stop or to comply with the requirements of this section, who causes an accident resulting in the death of a person, is guilty of a Class C felony.
      [5/5: 48-0 (Excused: Hogg, Nunn)]

    HF 654 – Lights on Authorized Emergency Vehicles

    HF 654 authorizes the types of lights that can be equipped on emergency vehicles owned by the state or any political subdivision of the state. It authorizes emergency vehicles to be equipped with flashing headlamps, red and blue lights, flashing or solid white lights, split red and blue steady or flashing lights, and light bars containing one or more rear-zone amber lights or amber directional arrows. Also, an incident command vehicle may be equipped with one or more steady or flashing green lights. Towing or recovery vehicles, unless owned by the state or a municipality, are prohibited from having red and blue lights or a siren. Any emergency vehicle purchased on or after July 1, 2021, must be equipped with a master warning switch to activate all emergency lights on the vehicle.
    [3/29: 45-0 (Excused: Driscoll, Hogg, Kraayenbrink, Nunn. Sweeney)]

    HF 655 – Interference with transport of agricultural animal

    HF 655 creates an aggravate misdemeanor offense for knowingly interfering with a motor vehicle transporting an agricultural animal or interfering with an agricultural animal confined in the motor vehicle. A second offense becomes a class “D” felony. Also, a defendant charged with the offense may assert an affirmative defense that the person was acting with the consent of either of the following: (1) a person actually or apparently transporting the agricultural animal or (2) a person actually or apparently exercising legal control of the agricultural animal.
    [3/22: 48-0 (Excused: Kinney, Nunn)]

  • Veterans Affairs Committee – All-Bill Summary 2021

    SF 574 – Confidential information, veteran property tax credits and exemptions

    SF 574 by Ways and Means clarifies language in HF 2382, enacted in 2020, that addressed the collection of names of veterans through property tax information maintained by counties. Businesses or individuals would ask for a “roll-out” of all names and addresses. Most of these requests were for solicitation purposes. SF 574 states that the disabled veteran/POW and military serviceproperty tax credits and exemptions can be made public on property tax reports for individualparcels, but the information cannot be aggregated under public records.
    [4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom)]

    HF 200 – Coast Guard members defined as ‘federal active duty’

    HF 200 provides that “federal active duty” includes full-time duty performed by the United States Coast Guard. Employers must treat Coast Guard members the same as National Guard and other military members in regards to unemployment, payments and benefits. An employer must provide a leave of absence to regular, reserve or auxiliary members of the Coast Guard when called to military duty. This includes state active duty, National Guard duty, federal active duty or Civil Air Patrol duty, without loss of status or efficiency rating, and without loss of pay during the first 30 days of the leave of absence.

    It also adds similar protections relating to discrimination against a person because of military service, prohibits employers from discharging a person due to that service and prohibits an employer from terminating group health insurance coverage for a leave of absence for military duty. The bill also adds “space forces” as a component of the military in Iowa Code. It passed the House on a vote of 99-0.
    [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; 1 vacancy)]

    HF 311 – Social, charitable gambling expansion

    HF 311 by State Government allows a qualified organization licensed by the Department of Inspections and Appeals (DIA) to conduct one game night per month rather than per year if all other application and authorization requirements are met. It also allows card game tournaments conducted by a DIA-qualified veterans organization (e.g., AmVets, American Legion, VFW) to be held weekly, rather than the current limit of two card game tournaments per month. It eliminates the per-month maximum but prohibits holding a card game tournament within six calendar days of another tournament. This will allow veterans organizations to hold weekly tournaments if on the same day of the week.
    [4/7: 42-2 (No: Costello, Rozenboom; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

    HF 428 – Public Defense Omnibus 

    HF 428 is a Public Defense departmental bill. It allows properties to be leased 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.
      [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

    HF 793 – PE exemption for JROTC

    HF 793 allows a student who is enrolled in Junior Reserve Officers’ Training Corps (JROTC) to be exempt from the requirement to participate in Physical Education (PE). A student will receive one-eight unit of PE credit for each semester the student is enrolled in and completes JRTOC. HF 793 was assigned to the Education Committee in the Senate.
    [4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]

  • Ways & Means Committee – All-Bill Summary 2021

    SF 366 – Department of Revenue policy bill

    SF 366 makes a number of changes to existing tax policy, mostly clarifying current practices or making technical corrections to the administration and collection of taxes.

    Division I – A third-party developer tax credit is available under the High-Quality Jobs program through the Iowa Economic Development Authority for use against corporate income taxes. This bill expands the tax credit to other business entities, such as LLCs, S-corporations and partnerships.

    Division II – Makes technical corrections to the deadline and process for claiming the Geothermal Heat Pump Tax Credit to reflect current policy. The process is similar to that used by taxpayers claiming the solar energy system tax credit.

    Division III – Solar energy facilities – Utility replacement tax: Lowers the value of utility improvements that would constitute a “major addition” for solar energy facilities to $1 million (down from $10 million). This impacts local government because they can capture a portion of the property tax generated by major improvements, whereas other improvements by utilities only impact the property taxes over the entirety of the utility’s service area.

    Division IV – Makes technical corrections to the administration process for the fee for new vehicle registrations, and creates new penalties for failure to file and underpayment of the fee for new registration (10% and 5% of the fee for new registration, respectively).

    Division V – Makes changes to a provision of the 2020 omnibus tax bill that extended the imputed tax liability for taxpayers as part of a pass-through entity. The change allows taxpayers to claim the portion of tax credits available to the pass-through entity when calculating their imputed tax liability.

    Division VI – Contains clean-up language that was included in the 2020 omnibus tax bill last session. These changes are technical and provide the department with additional rulemaking authority.

    Division VII – Allows county treasurers to place a hold on car registration renewals for unpaid court debt. This is a follow-up issue from 2020 when court debt collection was transferred back to the Department of Revenue’s central collections unit. Counties can place holds on car registration renewals for unpaid taxes. Some counties have used that authority to also place holds on car registrations for unpaid court debt, though it was disputed if that was actually allowed.

    Division VIII – Garnishment: Clarifies that a distress warrant issued by the Department of Revenue or the director of the Department of Inspections and Appeals is a final warrant and not subject to change or appeal.

    Division IX – Allows for the electronic transfer of information collected by county treasurers while registering snowmobiles, ATVs and boats to the Department of Revenue.

    Division X – Makes corrections and clarifications to the administration and collection of sales and use taxes:

    • Updates outdated language and conforms to current use of “tangible personal property”
    • Updates language regarding rentals and when sales are exempt under current law to reflect current practices

    Division XI – Extends from October to November the date DOR will set and publish the interest rate it will use.

    Division XII – Clarifies language from the 2020 tax policy omnibus bill regarding when a local assessor could not personally assess a property. This language restricts that requirement to property owned by the assessor or their family member. The bill also establishes reporting requirements for using special counsel to handle property tax assessment litigation once special counsel is employed. Assessors may employ special counsel to handle litigation issues, but 2020 legislation required them to get approval of the city legal department or the county attorney.

    Division XIII – Includes tax returns in the types of information that must be redacted by the department in an appeal or a contested case. This also applies to the director’s authority to disclose confidential information when necessary under current law. The division is needed because of recent changes to the definition of “tax return” in Iowa Code.

    Division XIV – Provides technical corrections for situations when a taxpayer may designate someone to have power of attorney when corresponding with DOR on their behalf. This includes language requested by the Attorney General to clear up an issue of standing, as well as scenarios and administrative issues that came to light during rulemaking.

    Division XV – Extends from two-week to one year the deadline for notification of sales and use tax refunds under the High-Quality Jobs Program. This is in line with other notification requirements under the program.
    [2/17: 48-0 (Absent: Hogg, Nunn)]

    SF 367 – Fixes for Court Debt Bill

    SF 367 corrects errors and unintended language in SF 457, a criminal surcharge and court debt bill enacted in 2020.

    SF 367 does the following:

    SF 574 – Confidential information, veteran property tax credits and exemptions

    SF 574 fixes an issue in 2020 legislation that was meant to prevent the collection of names of veterans using property tax information. This bill clarifies that the disabled veteran/POW and military serviceproperty tax credits and exemptions can be made public on property tax reports for individualparcels, but cannot be aggregated under public records.
    [4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom]

    SF 578– IDALS department bill

    SF 578 makes various changes to the operations of the Iowa Department of Agriculture and Land Stewardship (IDALS).

    Many of these issues were introduced and debated in 2020:

    • Department organization: Updates the Code to reflect the elimination of the Marketing News Services bureau. The department will still collect and disseminate the information as it is provided by USDA.
    • Identity theft:As IDALS moves to an electronic licensing system, the department does not want social security numbers online or on licenses for safety.
    • Local Farm and Produce Program and Fund: IDALS will reimburse schools for purchase of fresh farm produce if the school registers. The food source must be located in within 30 miles of the school district. This bill contains no funding. For every $3 spent by schools, the fund reimburses $1. This will be a part of the existing Farm to School program. The program can be used to provide food commodities along with fresh produce. Food commodities would include eggs, dairy, processed nuts, honey and syrup, as well as meat and fish.
    • Code clean up relating to: 
    • Fertilizers and soil conditioners
    • Weights and measures
    • Fee reduction from $9 to $4.50
    • Deleting oath of weighmaster
    • Eliminating mandatory servicers licenses (test is not administered anymore)

    The bill also makes confidential any information IDALS collects from animal facilities that register under the voluntary premise ID program, which tracks livestock to help identify the path or threats of spread of animal diseases.
    [4/28: 48-0 (Absent: Schultz, Nunn)]

    SF 608 – Department of Revenue “modernization” proposal

    SF 608 streamlines and improves the administration of taxes as DOR transitions to a more modern and integrated computer system.

    Division I makes changes to practices for calculating penalties, the amounts those penalties are applied to and how DOR would apply waivers to those penalties under the new system; updates terminology (e.g., changing “tax due or shown to be due” to more simple “unpaid tax”) to eliminate inconsistencies; and updates language to conform to current practice for applying payments that are due across multiple payment periods.

    Division II establishes a more streamlined process for filing returns by pass-through entities (including LLCs, S-corps, etc.). These changes will be incorporated into the design phase of the new tax administration system. The new system will require a pass-through entity to file a composite return for all nonresident owners of the entity. Currently, the pass-through entity must withhold the nonresident owners estimated Iowa tax liability as they would withholding taxes. The nonresident owner then can file a tax return to either claim a refund for overpayment of their portion of the withholding or for any taxes due. Requiring the filing of a composite return for all nonresident owners relieves the pass-through entity of the need to withhold estimated taxes monthly, as well as maintaining the return and withholding preferences of individual owners. The pass-through entity will instead pay estimated Iowa taxes owed by the nonresident owner based on the nonresident owner’s Iowa-sourced income at the applicable Iowa tax rate. This will also eliminate the need for a nonresident owner to file their own Iowa income tax return, except to claim a credit for any out-of-state taxes paid on the Iowa-sourced income. The current system doesn’t provide a clear picture of whether the full Iowa tax liability is being paid by nonresident owners, and creates confusion among those taxpayers about the current system of withholding, estimated payments and optional composite filing.

    Division III amends portions of HF 309 regarding public agency disclosures of personal information of donors to nonprofits. DOR is concerned that it would require the department to subpoena records for audits or other activities. This bill clarifies the applicability of HF 309 so that DOR will not be in violation of the bill under these actions:

    • Identifying a person as a representative, responsible party, employee, withholding agent, or other signatory or contact of a tax-exempt entity on any return, form, application or other document required by the department;
    • Exercising powers under Code section 422.70 (general powers —— hearings);
    • Disclosing information sought pursuant to a contested case;
    • Disclosing information expressly required by law, including disclosures pursuant to Code section 411.11S (student tuition organization tax credit).

    The restrictions in HF 309 do not entitle any taxpayer or tax-exempt entity to any deduction, exemption, credit or other tax position that the taxpayer or exempt entity is unable to substantiate with sufficient evidence.
    [4/28: 48-0 (Absent: Schultz, Nunn)]

    SF 619 – Omnibus tax legislation compromise

    SF 619 is the compromise tax policy bill between House and Senate Republicans. It contains a wide range of topics, including many that were voted on by the full Senate or were passed out of the Senate Ways and Means or Appropriations committees. Some of the topics included in the bill are:

    • Removal of triggers for the contingent income tax system, which will go into effect in Tax Year 2023
    • Phase-out and repeal of the inheritance tax
    • Moving mental health and disability services funding from property taxes to state funding
    • Phase-out and repeal of the “backfill” to local governments to make up for cuts to commercial property taxes
    • A number of housing initiatives proposed by the Governor
    • Updates and extensions to various incentive programs administered by Economic Development Authority

    Topics that are in both versions and remain in the compromise (SF 619/HF 839)

    These portions are identical in both bills:                                  

    • Removal of triggers on contingent tax system: This will make the contingent tax system created in SF 2417 in 2018 for TY 2023, which is one year earlier than is currently projected with the triggers in place.
    • Child Dependent and Development Care tax credit expansion: This will increase the income threshold for taxpayers who qualify for the state tax credit from $45,000 to $90,000. This does not make any changes to those who are already eligible to claim the credit.
    • COVID grants tax exemption: This expands the tax exemption for COVID relief grants to other programs administered by state agencies beyond the PPP program that was included in 2020 legislation.
    • PPP fix for fiscal filers: This is fix so that businesses who operate on a fiscal year tax filing basis are eligible for the PPP exemption for funds they received during the 2019 fiscal year.
    • Housing trust fund – This will raise the cap on transfers of real estate taxes to the state housing trust fund to $7 million (up from $3 million).
    • High Quality Jobs (HQJ)/child care facilities – This allows for additional scoring for businesses applying for HQJ tax credits if the facility will offer child care services for employees
    • HQJ COVID waiver: This allows the Iowa Economic Development Authority to account for reductions in workforce due to COVID when determining an applicant’s eligibility for HQJ tax credits.
    • Parity for telehealth mental health services: This will require an insurer to reimburse providers at the same rate for telehealth mental health services as they would for in-person services.
    • Disaster Recovery/Eviction prevention program: This provides for an established disaster recovery trust fund and an eviction prevention program, which were original parts of the Governor’s housing initiative.
    • Energy Revolving loan program: This would transition the existing alternate energy revolving loan program in to an energy infrastructure revolving loan program.
    • Brownfields/grayfields redevelopment tax credit: This will extend the program for 10 years through June 30, 2031, and raise the program cap by $5 million (to $15 million).
    • Bonus Depreciation: This will allow Iowa taxpayers to use the federal accelerated depreciation for equipment purchases, which allows a business to expense up to 50% of the cost in the first year instead of depreciating over time. The bill will allow businesses to continue to receive the uncapped interest expense deduction in the 2020 omnibus tax policy bill, along with bonus depreciation. Iowa law would have required a business claiming bonus depreciation to limit their interest expense deduction to what is allowed under federal law.

    Compromises between the House and Senate on common topics

    • Inheritance tax phase-out and repeal in four years. The phase-out works by increasing the exemption amount and increasing the percent of the estate that is exempt from the tax:
      • 2021: 20% rate reduction
      • 2022: 40% rate reduction
      • 2023: 60% rate reduction
      • 2024: 80% rate reduction
      • 2025, inheritance tax is repealed.
    • Workforce housing tax credits:
      • Provides $15 million for FY 22 to address the backlog for tax credits in the large cities portion of the program over two years. $2 million of that increase is for small cities.
      • Increases the program overall by $10 million (to $35 million) beginning in FY 23. The program will be evenly divided between small cities and large cities.
    • High quality jobs/renewable chemical tax credits: Reduce the HQJ program cap by $35 million (to $70 million per year). Reduces the Renewable Chemical Production tax credit program cap by $5 million (to $5 million). That program has only issued about $1.8 million in credits over three years.

    Topics from the Senate version (SF 619)

    • Creates a Downtown Loan Guarantee Program to be administered by the Iowa Economic Development Authority (IEDA) and Iowa Finance Authority (IFA) to encourage downtown businesses and banks to reinvest and reopen following the COVID-19 pandemic.
    • Beginning farmer tax credit changes: Allows leases of agricultural buildings and modifies qualifications for lease agreements.
    • Manufacturing 4.0: Creates a fund at IEDA to assist manufacturers with qualified investments in modernizing their manufacturing processes.
    • Mental health funding/eliminate county levies: This is the Senate GOP proposal for the state to take over funding responsibilities for mental health services across the state. It provides $53 million in state funds to replace local property taxes in the first year and provides $3 million to the incentive fund. The bill also provides more guardrails for the Iowa Department of Human Services (DHS) to use contracts with regions to provide oversight of services.
    • Eliminate commercial and industrial backfill for local governments: Phases out the backfill payments to local governments. The backfill was created to prevent a tax shift to homeowners and farmers with the rollback in business property taxes in 2013. The five- or eight-year phase out of payments to local governments will be based on the growth of commercial property valuations in the local jurisdiction.
    • School foundation aid changes: Replaces money local school districts would lose by eliminating the backfill.
    • Elderly property tax credit: Creates a secondary elderly property tax credit for homeowners 70 and older. It essentially freezes their property taxes at a base year amount. The credit is not fully funded by the state, so local governments must pay for the credit by cutting services or passing the costs on to other property owners.

    New topic that was NOT in either proposal

    Five-year phase out of promotional play receipts from the wagering receipts tax: Exempts promotional play gaming receipts from the calculation of adjusted gross receipts (AGR) beginning July 1, 2026. This will make promotional play receipts free from gaming taxes. For the next three years, promotional play is part of AGR but is taxed separately from AGR and phased out under the reduced rates. Currently, there is a cap on promotional play tax receipts of $25.82 million per year. This cap works by excluding promotional play from the calculation of AGR after the date the Iowa Racing and Gaming Commission determines the cap has been met.

    Promotional play is a form of marketing that gaming operators use to increase gambling at their facilities. Promotional play involves the exchange of tokens, chips, credits and other cashless wagering methods provided by a licensed gaming operator to an individual without an exchange of money.

    Topics that are from the House version (HF 839)

    • Extends the targeted jobs withholding tax credit program by three years to 2024. This program is available to employers in four areas (Sioux City, Council Bluffs, Burlington and Fort Madison/Keokuk). The program was set to end after June 30, 2021.
    • Increase the Volunteer firefighter/EMS/Reserve officer tax credit from $100 to $250.
    • Exempt non-profit organizations operating food banks from paying sales and use tax on purchases.
    • Extends the current four income tax checkoffs through 2024. Under current law, the lowest two performing tax credits would be removed for 2021.
      [5/17: 29-15 (Yes: Republicans, Bisignano, Kinney; Absent: Celsi, Goodwin, Johnson, Nunn, Schultz, Williams)]

    HF 367 – Income tax exemption for proceeds from a burial trust

    HF 367 would exempt the proceeds from a burial trust account from being subject to state income tax. A burial trust is for pre-payment of burial expenses. In some cases, the amount in the trust exceeds the costs of the burial. Excess funds from the trust have been treated as income for the beneficiary.
    [5/19: 48-0 (Absent: Nunn, Williams)]

    HF 368 – Administration of rent reimbursement program

    HF 368 would transfer the administration of the rent reimbursement program from DOR to DHS. The program helps elderly and low-income taxpayers with rent costs associated with property taxes. This mirrors the elderly and disabled property tax credit program for individuals who own their homes. Moving the program to DHS allows the program to be administered out of their local offices throughout the state, increasing accessibility for eligible taxpayers.
    [3/22: 48-0 (Absent: Kinney, Nunn]

    HF 418 – Department of Revenue property tax proposal

    HF 418 eliminates the multiresidential classification for property assessment purposes and places those properties under the residential property tax classification. This reduces the need for special assessments and equalization orders for that class of property. Multiresidential property represents a very small portion of the assessed value statewide. This makes sales comparisons difficult because there are very few similar sales within a time period. Many counties also have very few properties in that class, which also causes issues under the equalization process. Moving these properties under the residential classification will simplify the process for local assessors and also even out property values for these properties under the equalization process. The small number of multiresidential properties sold caused some initial equalization orders to be sent to counties with 50% to 100% increases in assessed value based on market value analyses.

    The multiresidential classification was created as part of the property tax reform bill in 2013 to phase out the tax differential on apartments and other residential properties that had been classified as commercial property. The 2013 legislation phased down the taxable value of multiresidential property until it would match the residential rollback rate. 

    Removal of the multiresidential property classification will not negatively impact the operation or financing of self-supporting municipal districts (SSMIDs).  
    [2/23: 48-0 (Absent: Nunn, Shipley)] 

    HF 523 – Flood mitigation as essential county purpose

    HF 523 would add flood-mitigation practices, strategies and structures to the list of essential county purposes established in Code. Counties are generally allowed to incur debt and issue general obligation bonds for performing essential purposes. This will allow a county to perform flood-mitigation projects in unincorporated areas of the county. Cities currently have this authority, but are limited in where they can perform flood mitigation work. The bill was promoted by Muscatine County as a way for them to create flood protection for areas increasingly under the threat of flood damage but outside where a city can perform the work.
    [4/28: 48-0 (Absent: Schultz, Nunn)]

    HF 588– Herbert Hoover Presidential Library tax credit

    HF 588 would establish an income tax credit for Iowa taxpayers who make donations to the Hoover Presidential Library and Museum Renovation Project Fund. The credit is 25% of the donated amount with a maximum credit of $250,000 per taxpayer. The total amount of credits that can be issued under the program is $5 million. The credit program is modeled after the Endow Iowa Tax Credit Program and is designed to help generate $20 million in donations for a major renovation of the Hoover Presidential Library in West Branch.

    Tax credits issued under the program are not transferrable or refundable. They can be applied to individual, corporate, franchise, insurance premium, and moneys and credits taxes. Unused credits can be carried forward for five years.
    [4/21: 46-0 (Absent: Mathis, Nunn, Schultz, Whiting)]

    HF 693 – Iowa Utilities Board Omnibus

    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 711 – Probate fees

    HF 711 addresses court costs (fees) charged a decedent’s estate when it is probated (settled through the court). The Bar Association claims that counties are assessing court costs differently, resulting in inconsistencies across Iowa. This bill excludes certain types of property when calculating court costs when an estate is probated, including joint tenancy property, transfers during a decedent’s lifetime and assets payable directly to beneficiaries.
    [5/17: 45-0 (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]

    HF 828 – Commercial Driver’s License testing fees

    HF 828 establishes fees for scheduling a commercial driver’s license (CDL) driving skills test and administering each of the three required tests. The scheduling fee will be $25. The fee for conducting the three required tests will be $25 for each test. These fees do not apply to private third-party vendors who administer these tests. There are also certain exemptions for people who are employed and volunteer for a government entity. The bill encourages the Iowa Department of Transportation to establish a scheduling process for applicants, other than at the same site as the required knowledge test.
    [4/28: 48-0 (Absent: Schultz, Nunn)]

    HF 837 – Iowa Land Records System Use of Electronic Submission Fees

    HF 837 establishes a maximum electronic filing fee of $3 for the Iowa Land Records System. Currently, all electronic filing fees are established by contract and vary by county. The bill also provides more flexibility for Iowa Land Records in its use of fees for the electronic system, including upgrading the search function, and mobile device viewing and use. The maximum fee does not apply to “convenience charges” for debit or credit card transactions.

    The County Land Records System governing board must report on its budget and program plans to the Legislature’s Local Government committees, legislative leaders and the Legislative Services Agency.
    [5/19: 48-0 (Absent: Nunn, Williams)]

    HF 844 – Model Business Corporations Act

    HF 844 updates Iowa’s business corporations law based on the Model Business Corporation Act. The bill updates Iowa’s business law chapters to provide more clarity and includes sections that reflect the potential need for remote meetings.
    [5/5: 48-0 (Absent: Hogg, Nunn)]

    HF 846 – Surviving spouse transfer fees

    HF 846 waives fees for transferring the title for snowmobiles, ATVs and boats when the transfer is to the surviving spouse of the owner. This process already exists for other vehicles.
    [4/28: 48-0 (Absent: Schultz, Nunn)]

    HF 855– Adult adoptees obtaining copies of original birth certificates

    HF 855 provides a process for adoptees to obtain a non-certified copy of their original birth certificate after they turn 18. If the adoptee is deceased, their spouse or any relative within the second degree of consanguinity may request a non-certified copy of their birth certificate. Previously, Iowa law prohibited adoptees from obtaining a copy of their original birth certificate.

    The State Registrar of Vital Statistics at the Department of Public Health will develop a contact preference form on which a birth parent may state a preference regarding contact by the adoptee or their relative. In addition, the Registrar will develop a medical history form for a birth parent to provide family medical history. If a birth parent fills out these forms, the Registrar will attach them to the original birth certificate and the adoption decree, and the forms will be provided to the adult adoptee or relative who applies for and receives a copy of the original birth certificate and adoption decree. A birth parent may fill out a contact form and a medical form indicating that they do not wish to be contacted and require that personally identifiable information be redacted. The cost of the new certificate is the same as an original certified copy of a birth certificate. The fee is $15.
    [4/21: 46-0 (Absent: Mathis, Nunn, Schultz, Whiting)]

    HF 865 – Filing requirements for business property tax credit

    HF 865 removes a requirement that a property owner re-file for the business property tax credit on the remaining portion of a property when they transfer, sell or otherwise change ownership for a portion of the property.
    [5/19: 48-0 (Absent: Nunn, Williams)]

    HF 869 – Excessive weights for hauling milk products

    HF 869 allows the Iowa Department of Transportation to issue annual permits to vehicles transporting fluid milk products in excess of current weight limits, but not to exceed 20,000 pounds per axle and not to exceed a gross weight of 90,000 pounds. The bill creates an annual fee of $400 for fluid milk haulers and creates penalties from $12 to $2,200, plus 10-cents per pound in excess of the 20,000-pound weight limit. The new excessive weight permits are for use on primary roads and primary road extensions in cities only. The effective date of the legislation is January 1, 2022.
    [4/28: 47-1 (No: Dickey; Absent: Schultz, Nunn)]

  • 2021 Highlights & Disappointments

    Democrats: Build Back Iowa

    Kids Back to School Safely

    • Give schools tools to get kids back to school safely (HF 659)
    • Student Pandemic Recovery Grants for public schools (HF 659)

    Support Iowa Families

    • Food security for every family (HF 609)
    • Homeowner or rental assistance for 15,000 Iowans and extend prohibition on evictions until 2022 (HF 657)
    • Exempt unemployment assistance from state taxes (SF 290)
    • Pandemic assistance for child care to families and providers
      • Grants to open new licensed child care centers and financial support to keep current centers open
      • Expand eligibility and support for Child Care Assistance (CCA) (SF177/HF 613)
      • End cliff effect for child/dependent care tax credit (HF 668)
      • Tax credit for small business that provide child care (HF 617)

    Open/Reopen Small Businesses

    • Expand eligibility and help another 5,000 small businesses stay open/reopen with $100 million for Iowa Small Business Relief Grant program (HF 608)

    Protecting Iowans from COVID

    • Make telehealth parity permanent for mental and physical health (HF 612)

    Accountability & Transparency

    • Protecting workers on the front lines while holding bad actors accountable
    • Transparency and accountability of taxpayer dollars spent on COVID response and recovery (HF 689)

    Reynolds & GOP: Politics & Division

    • Voter suppression (SF 413)
    • Historic low funding for public schools (SF 269)
    • Eliminate background checks & put guns in hand of criminals (SJR 7)
    • Take away right of woman to make her own healthcare decisions; ban common forms of birth control (HJR 5)
    • Eliminates diversity plans used by some schools (HF 228)
    • Provides immunity to firearm manufacturers (HF 621)
    • Eliminates housing voucher non-discrimination laws (SF 252)
    • Expands Charter Schools (HF 813)
    • Bans “divisive concepts” like racism or sexism from being discussed in public schools and universities (HF 802)

    Missed Opportunities

    Common Sense, Bipartisan Bills Killed by Republicans

    • Constitutionally restore felon voting rights (HJR 11)
    • Prohibits “gay panic” defense (HF 310)
    • Cap cost of insulin to $100 for month supply (HF 263)
    • Pharmacists can give birth control without prescription (HF 434)
    • Insurance has to reimburse physical health providers at same rate for telehealth services (HF 784)
    • Prohibits employers from restricting low-wage workers from getting another job (SF 496)
    • Learning Recovery Task Force for Covid learning losses (SF 545)
    • Enhances communications with our returning veterans to be sure they access benefits they’ve earned (SF 255)

    2021 Bi-Partisan Successes

    • Expanding access to emergency medical services (SF 615)
    • Increase funding for students learning English (HF 605)
    • Expand protections to prevent sexual abuse (SF 253)
    • Encourage more OB/GYN doctors to locate in rural Iowa (SF 129)
    • Increase funding for job training at community colleges (HF 871)
    • New enforcement to stop human trafficking (HF 452)
    • New tracking system for rape kits (HF 426)
    • Lifetime trout stamp for Iowans over 65 (HF 234)
    • More funding opportunities for voluntary fire departments (HF 761)
    • Expands protections for vulnerable Iowans (HF 839)
    • $1 million increase for Iowa state parks (HF 860)
    • Explores opportunities to expand broadband across Iowa communities (HF 848)
    • Creates new opportunities and financial assistance for small-scale meat processing businesses and lockers (HF 871, HF 857)
    • Expand services to sexual assault survivors and increase accountability in the investigations of these crimes (HF 603, HF 426)
    • Increase oversight of pesticide application (SF 482)

    Iowans stopped these bad GOP Bills

    • Cutting unemployment for Iowans (SF 492)
    • Reduces unemployment appeals for Iowans (SF 187)
    • Private school vouchers (SF 159)
    • Prohibiting any instruction about gender identity in schools (SF 167)
    • Requiring survey of political views of university employees (SF 292)
    • Allowing discrimination based on religious beliefs/exemption defense (SF 436)
    • Penalize or remove school board members and administrators for disagreeing with the Governor (SSB 1213)
    • Digital tracking women looking for reproductive care online (HF 515)
    • Legalize conversion therapy & ban medical care for some kids (HF 193)
    • Punish students in communities with high COVID cases (HF 165)
    • Reinstate death penalty (HF 271/SF 82)
    • Publicly shaming woman for their health care decisions and falsely declaring an “abortion pandemic” in Iowa (SF 508)
    • New barriers for Iowans to get food or health care assistance (SF 389)
    • Eliminate tenure at Iowa’s state universities (HF 496)
    • Discouraging Iowans from getting live-saving vaccines (SF 555)
    • New “poll tax” before restoring someone’s right to vote (HF 818)
    • Prohibits a social media company from limiting an elected official’s access to the platform (HF 830)
    • Punishing cities for keeping budget balanced (SF 479)
    • Allows the State to make discrimination easier (HF 815)
    • Medication abortion reversal requiring physicians to give unproven information to patients (HF 383)
    • Immunity to trucking companies for hiring rapists/sex traffickers (SF 537/HF 772)
    • Putting a monetary value on people’s lives when medical malpractice has occurred (HF 592/SF 557)

  • Closing remarks by Senate Democratic Leader

    By Zach Wahls, Iowa Senate Democratic Leader

    As we wrap up the 2021 Legislative session, I want to thank my Democratic colleagues for the honor of leading our team.

    I want to take a moment to ask the chamber to join me in showing our appreciation to our smart, talented, caring and hard-working caucus staff.

    And a big “thank you” to the Secretary of the Senate and his staff, the Senate pages, all the hardworking staff at the Legislative Services Agencies, and the news media that cover us every day on behalf of our constituents.

    I want to congratulate Lois Brownell with the Secretary of the Senate’s office on her many years of dedicated service to the Iowa Senate. She will be missed by everyone in the Senate. Enjoy your retirement, Lois!

    Let’s give Lois and all the staff a big round of applause.

    Mr. President, this session was a missed opportunity. COVID-19 turned our world upside down and gave us all a new perspective. With this new perspective, we could have reimagined our social contract and responsibilities to each other. We could have boldly addressed all of the challenges Iowa faces, nearly all of which were exacerbated by COVID-19: a workforce shortage, a child care crisis, not enough good paying jobs, crumbling infrastructure, struggling rural hospitals, a lack of high-speed internet, systemic racial inequities, and maternal health challenges faced by Iowa moms and babies.

    With our Build Back Better plan, Iowa Democrats introduced more than two dozen bills to help Iowans get back on our feet and return life to normal as quickly and as safely as possible. Our plan would have positioned Iowa for long-term economic growth, provided relief for struggling families, helped small businesses safely reopen, and supported our dedicated, frontline health care workers who got us through the COVID-19 pandemic.

    Unfortunately, Governor Reynolds and the Republicans chose not to work with us on these proposals. Not a single one of our bills was given a public hearing. Instead, Iowa Republicans drilled holes in a sinking boat, pursuing a divisive, partisan agenda.

    Republican inaction on a host of issues will actively hurt working families. Instead of tax relief and relief checks for middle class households – like the ones President Biden and Democrats in Congress provided to the American people – Republicans enacted policies that will raise property taxes and cut social services.

    Instead of providing relief to Iowans who lost their jobs due to the pandemic, Governor Reynolds ripped the carpet out from under these workers, cutting off unemployment assistance while they looked for work.

    Instead of supporting public education and helping our students return safely to school, Governor Reynolds returned $95 million of federal funds – our tax dollars – back to Washington D.C. These are funds that should have been used to keep students safe from COVID-19 and improve the quality of public education.

    Instead of bringing new workers, businesses, and investment to Iowa, Republicans continue to make our state unwelcoming to others by codifying discrimination, picking on our kids, banning diversity, and protecting online harassment and sedition.

    Instead of doing more for families who need affordable child care or helping Iowa moms and babies who are facing maternal health challenges, Iowa Republicans are paving the way to ban abortion, even in cases of rape, incest, or to protect the life of the mother.

    And as our country grapples with the insurrection that took place in our nation’s capital on January 6, a day that will mar American history books for generations to come, Iowa Republicans passed one of the most severe and punitive voter suppression laws in the United States.

    I want to close this session by reminding everyone why we’re here, who we’re fighting for, and the challenges that we absolutely must address.

    Across our state, too many people have lost sight of a better future and can no longer see more opportunity for their children and grandchildren — and that was true before the pandemic hit. Too many Iowans feel disconnected from their local communities, and too many of our local communities are struggling as young Iowans are forced to move from our state due to lack of opportunity.

    As I talk with voters across my district and across the state, I see the same thing in big cities and small towns: a growing gap between the haves and the have nots; the powerful and the powerless; the well-connected and the disconnected. We need to remember that politics is about the fact that everyone — Democrat or Republican or Independent — wants their families to be happy, safe, and nearby. That means improving the quality of life in every Iowa community, because Iowa is strong only when our families are strong. Iowa thrives only when our middle class thrives. We are free only when Iowans have both liberty and justice. If you work hard, you should be able to provide for yourself and your family. These are the guiding principles of Iowa Senate Democrats, and I’m proud this caucus fought for those values every single day of this session.

  • Initial analysis of GOP’s latest attack on Iowa voters

    The key section is Ballot Courier Language – Operation 11

    SF 568 – Public Measures/Elections Changes – Original Bill Summary

    First passed Senate: 30 -17 (March 17); Passed House: 54-33; Final passage in Senate: 29-17 (May 19)

    SF 568 relates to the conduct of elections, including nominations and procedures for proposed amendments to the Iowa Constitution. Key provisions of the bill include:

    Public Measures/Elections Changes: The bill adds the first Tuesday after the first Monday in November of an even-numbered year as an available date for a county to hold a special election on a public measure. This does not apply to cities or school districts.

    Constitutional Amendments/Petitions: The bill requires the constitutional convention question, which is required to be submitted every decade, to be treated the same as a public measure on a ballot.

    Holding Two Offices/Vacancies: The bill allows an elected official to be elected to and simultaneously serve in a second office for not more than 30 days.Under the bill, if a person is elected to multiple incompatible offices and doesn’t resign from one, the vacancy will be in the first office to which the person was elected. Under current law, a vacancy occurs in all of the offices to which the person was elected.The bill includes an effective date of January 1, 2022, for sections of the division relating to ballot vacancies.

    Filing/Withdrawal Deadlines: The bill changes the deadline for the filing and withdrawal of nomination papers for primary elections, as well as for filing objections to the nominations of candidates. The bill changes the timeline for the replacement of a candidate who withdraws from a primary or general election or dies.The bill requires a ballot for president and vice president of the United States to disclose that a vote for such candidates is a vote for the slate of electors selected by the organization nominating such candidates.

    After Election Activities (House amended this section): The bill  now requires when ballots are returned to the auditor the memory device used by voting equipment shall be returned to the auditor by two precinct election officials of different political parties, by law enforcement, or by a person designated by the commissioner. The printed results and memory device shall be returned in a sealed envelope with signature of all board members of the precinct place across the seal so envelop cannot be opened without breaking the seal. 

    Secretary of State: The bill requires the SOS to order election audits prior to all elections other than general elections. This provision of the bill takes effect January 1, 2022.The bill requires the SOS to develop an Internet application to allow voters to track their absentee ballot requests and ballots by February 26, 2024. The system must also inform a voter of an error in the voter’s application or ballot that requires correction.
    [3/17: 30-17  (No: Democrats; Excused: Goodwin, Hogg, Nunn)]

    Amendment H-1535 (compromise between House and Senate Republicans)

    Standing in Court – Operation 1

    Gives political parties and non-political parties standing to bring certain actions in court, and gives them standing to intervene in certain actions brought by other persons.

    Nomination Papers – Operation 3

    The amendment makes multiple changes to signature requirements for county and city office nomination papers.

    Voter Registration Cancellation – pg 4

    Prohibits sending a voter from being sent a notice and return card for the purpose of cancelling or making a voter inactive if the registered voter was not 18 years old for the general election.

    Strikes “Public Measures” from the bill – Operation  5 

    School, City, County elections and any public measure election held in  March or September: Not less than four days and not more than 20 days before an election, an auditor must publish notice containing a list of candidates and public measures to be voted upon. Costs for a notification sent or posted pursuant to this section may be charged to the entity requesting the public measure. For an election to approve the issuance of a bond, the bill requires auditors to send notification to all voters not later than 20 days before the election. The notification must include time and date of election. Estimated costs for this mailing could reach $153,000 in additional costs per election.

    Provision Ballot – Operation 7

    Clarifies that the new absentee ballot deadline does not apply to those who are eligible to reconcile their provisional ballots.

    Absentee Request Forms – Operation 10

    Requires voter to date and sign absentee ballot requests forms.

    Satellite Voting – Operation 10

    The amendment allows a valid petition for satellite voting to be rejected within four days if any of the following apply:

    1. The site is not accessible to elderly and disabled voters.
    2. The site has physical limitation that make it impossible to meet ballot security and secret voting.
    3. The owner of the site refuses.
    4. After a reasonable effort, the auditor cannot find the staff to ensure compliance with law.

    The other reasons listed for a reason that a petition can be denied include if the petition asks for satellite voting location in a city runoff election and a special election is held between the date of the regular city election and the city run-off election.  A petition can also be denied if the owner of the site of the location is demanding payment.

    If a county auditor receives two petitions for the same precinct the auditor is allowed to establish only one satellite voting location.

    Ballot Courier Language – Operation 11

    The amendment clarifies who can return a ballot for a registered voter. The person must be a registered voter in Iowa. A person can be an immediate family member which is defined as a someone in the within the fourth degree of consanguinity which extends out to a first cousin once removed or great-great grandparent. The delivery agent can only return a ballot so long as the person they are delivering for cannot deliver the ballot on their own due to blindness or disability.

    A person can NOT deliver a ballot for someone if they are the voters’ employer, an officer or agent of the registered voters union, or a person acting as an actual or implied agent for a political party, or a candidate or candidate’s committee.

    A delivery agent must fill out a form or receipt as prescribed by the Secretary of State.  A delivery agent can only deliver two ballots per election.   The delivery agent can NOT return the ballot to a mailbox or drop box and must return it to the county auditor’s office and must present an ID and must sign a statement saying they are eligible to return the ballot.

    Technical Stuff

    • Operation 4 – state register determines date of audit not county auditor
    • Operation 6 – adds “facsimile” of county seal
    • Operation 8 – Strikes Sec. 31 – Return and preservation of ballots
    • Operation 9 – Strikes Sec. 33 – Return of election register
    • Operations 12 – 20 –  technical stuff.

  • Iowa Executive Branch launches investigation into Heritage Foundation allegations

    Senate Democratic Leader calls on Sen. Roby Smith to cooperate with investigation

    “The claims made recently by Heritage Action about their role in secretly pushing voter suppression legislation in Iowa and other states are disturbing. The allegations by Heritage Action are that they secretly wrote and lobbied for harmful legislation that Iowa legislators are claiming they authored.

    “Iowa is the first state that we got to work in, and we did it quickly and we did it quietly,” Jessica Anderson, executive director of Heritage Action, said during a recent meeting with supporters in Arizona. “We helped draft the bills. … Honestly, nobody even noticed. My team looked at each other, and we’re like, ‘it can’t be that easy.’”

    “It is good news that the Executive Director of the Iowa Ethics & Campaign Disclosure Board has opened an investigation into these allegations. Specifically, Executive Director Mike Marshall has requested that Jessica Anderson provide the Board with any contacts that she or other Heritage Action representatives made in Iowa. Marshall has also asked the office of Gov. Kim Reynolds to search its records for any such interactions, according to the Associated Press.

    “Today, I am calling on Senator Roby Smith, Chair of the Senate’s State Government Committee, to cooperate with the investigation by the Iowa Ethics & Campaign Disclosure Board. If asked, Sen. Smith should turn over any records of contacts with anyone affiliated with Heritage Action, including emails, letters, messaging memos and phone records.

    “Iowans deserve to know the facts about this case and whether any laws or rules have been broken.” 

    end

  • SF 342 is misguided criminal justice legislation

    State Senator and Veteran Law Enforcement Office Speaks Out Against Misguided Criminal Legislation

    DES MOINES – State Senator Kevin Kinney of rural Oxford spoke passionately this afternoon in the Iowa Senate against legislation that he says will do harm to Iowa communities.

    “Thirty-five years ago, I got into law enforcement to help people, to protect people,” said Kinney, who recently retired as a Lieutenant in the Investigations Division of the Johnson County Sheriff’s Office.

    During a speech during debate on Senate File 342, Kinney said that pieces the legislation are going to hurt people in our communities.

    “It doesn’t even make sense,” he said.

    Kinney is particularly concerned about new criminal penalties that could make it unsafe for the general public during traffic stops by officers operating unmarked vehicles.

    Here’s a link to Sen. Kinney’s speech and transcript: https://youtu.be/cc9n8cpMc2w

    end

  • Statement on Biden decision to support Iowa farmers

    Statement by Senators Kevin Kinney, Amanda Ragan and Jackie Smith on Biden Administration’s decision to support Iowa farmers

    Background: The U.S. Environmental Protection Agency has filed a motion to vacate three waivers given by the Trump administration to Sinclair Oil Corporation refineries that exempted them from biofuel blending mandates.

    “This decision by the Biden administration is good news for the renewable fuel industry and Iowa farmers who sell to them. It reverses a terrible decision by the Trump administration to support Big Oil and dampen demand for ethanol, biodiesel and other renewable fuels.

    “We need more policies at the state and federal levels to boost – not threaten – the economic well-being of rural communities. We must boost ethanol demand, help farmers and the biofuel industry, and jump-start the farm economy.”

    Senators Kinney, Ragan and Smith are members of the Iowa Senate’s Agriculture Committee.

    -end-