Iowa Senate Democrats

Fighting for a Better Deal for Iowans.

  • Veterans Affairs Committee – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 373 – Code of Military Justice; statute of limitations expansion
    HF 241 – County Commissions of Veterans Affairs administration of duties
    HF 584 – Federal jurisdiction of Agent Orange claims

    SF 373 is a recommendation from the Iowa Department of Public Defense, which gives members of the National Guard or a military reserve unit in another state who are employed in Iowa the same protections regarding nondiscrimination and reemployment as Iowa National Guard members.

    The Iowa Code of Military Justice is amended to stipulate that Code section 29B.1 applies to members of the state military forces when they are performing National Guard duty or state active duty. A military offense committed by one member of the state military forces during travel to or from their duty location or during intervals between consecutive periods of duty against another member, and there is a direct relationship between the offense and military membership, is subject to state military criminal jurisdiction.

    The bill also changes the statute of limitations, unless otherwise provided by section 29B.44, to five years for desertion in time of peace or any other offense under the Code, subject to trial by court martial. This is increased from three years for desertion in time of peace or perjury, and two years for any other offense of the Code, subject to trial by court martial. Dismissed military criminal charges may be refiled within 180 days.
    [3/08: 49-0 (Chelgren excused)]

     

    HF 241 prevents a county board of supervisors or county commission of veteran affairs from placing administration of the commission under any other agency. This was recommended by the Iowa State Association of Counties.
    [4/6: 49-0 (Bertrand excused)]

     

    HF 584 repeals obsolete sections of Iowa Code Chapter 36 relating to duties of the Iowa Department of Veterans Affairs in reporting exposure to Agent Orange. The 1991 federal Agent Orange Act established a presumption of service connection. It authorized the Veterans Administration to contract with the Institute of Medicine of the National Academy of Sciences to review scientific evidence on exposure to herbicides used in Vietnam military operations, and to report diseases suspected to be associated with exposure. The U.S. Department of Veterans Affairs now receives and processes veterans’ claims for exposure to Agent Orange and other chemical defoliants and herbicides.
    [4/6: 49-0 (Bertrand excused)]

  • Transportation – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    HF 203 – Federal road money swap w/state funds for local government projects
    HF 218 – Extends the length of a single truck by four feet
    HF 289 – Driver’s licenses issued in Carroll and Clay counties
    HF 312 – Cars may stand unattended while motor running
    HF 313 – Moving motor vehicles involved in an accident
    HF 314 – Definition of a utility vehicle for purpose of safe passage
    HF 372 – Right and left turns from double turn lanes
    SF 473 – Motor Vehicle Enforcement officers to enforce all laws
    HF 464 – ATVs crossing highways
    SF 234 – Texting while driving becomes a primary offense
    SF 406 – Permit exemptions for farm vehicles
    SF 448 – Salvage motor vehicle titles
    SF 462 – Transfers from DAS to State Treasurer

    HF 203 authorizes the Iowa Transportation Commission to periodically allocate money from the Primary Road Fund for constructing, maintaining and establishing county and city roads in exchange for retaining federal dollars that would have been allocated to those projects. The Commission must consult with stakeholders, including regional planning affiliations, metropolitan planning organizations, Iowa State Association of Counties and League of Cities.

    Annually, $150 million in federal aid flows to the Transportation Commission, which allocates funds to cities and counties. Projects paid for with federal money have certain requirements that state and local money does not, which means these requirements no longer must be met:

    • Davis-Bacon prevailing wage rates
    • Buy American provisions, including mandating the use of American steel
    • Environmental impact studies
      [3/13: 26-21, party-line (D. Johnson voting “no” with Democrats; Bertrand, Chapman, Sinclair excused)]

     

    HF 218 increases the maximum length for a single truck from 41 feet to 45 feet, but does not increase the weight. A single truck may exceed 45 feet when applying for a permit. A violation earns a penalty of $200.
    [4/4: 50-0]

     

    HF 289 authorizes Carroll and Clay counties to issue driver’s licenses, non-operator ID cards and persons with disabilities identification tags.
    [3/20: 49-0 (Shipley absent)]

     

    HF 312 permits a motor vehicle to stand unattended without first stopping the engine.
    [3/8: 49-0 (Chelgren excused)]

     

    HF 313 requires a driver involved in an accident that results only in damage to remove the vehicle from the road if it is operable and can be reached safely. The driver must move the vehicle to the shoulder, emergency lane or median nearest the scene of the accident.
    [4/12: 49-0 (Bertrand excused)]

     

    HF 314 requires a driver approaching a stationary utility vehicle displaying a flashing light to change into the adjacent lane if possible. If a lane change is impossible, the driver must reduce speed and be prepared to stop.
    [4/5: 50-0]

     

    HF 372 allows a right turn from all right-turn lanes against a red light, and a left turn from all left-turn lanes on a one-way street against a red light. Vehicles turning left against a red light on a one-way street do not have to turn into the leftmost lane.
    [3/13: 49-0 (Bertrand excused)]

     

    HF 463 authorizes Motor Vehicle Enforcement officers employed by the Iowa Department of Transportation (DOT) to enforce all state laws. This provision sunsets on July 1, 2018. They will primarily engage in federal and state motor carrier safety and lawful operation of commercial motor vehicles. In addition, a commercial learner permits no longer must be renewed after 180 days; it is now valid for one year with no renewal period.
    [4/4: 41-9 (Bisignano, Bolkcom, Danielson, Dotzler, Horn, Jochum, D. Johnson, McCoy, Taylor “no”)]

     

    HF 464 allows an all-terrain vehicle to cross a primary highway. They must do so at a 90-degree angle and at a point in the highway that has no obstruction and allows for quick and safe crossing.
    [3/29: 49-0 (Bisignano excused)]

     

    SF 234 makes texting while driving a primary offense. It updates and modernizes the definition of texting to include use of e-mail, webpages, social media and gaming. A phone may be used for calling, GPS and emergencies.
    [3/22: 43-6 (Behn, Guth, Taylor, Chapman, Schultz, Zahn “no”; Shipley absent)]

     

    SF 406 indicates that a permit is not required by a farmer operating a vehicle carrying an implement of husbandry between fields, between locations for repair or between locations for storage. The vehicle must adhere to all other requirements or restrictions relating to size, weight, load, lighting, flags, equipment or manner of operation.
    [3/21: 49-0 (Shipley absent)]

     

    SF 448 allows an insurer to apply for and be issued a salvage title without surrendering the certification of title, if ownership of the vehicle was transferred or will be transferred to the insurer, if 30 days have passed since a settlement with the previous owner due to damage to the vehicle. The insurer must submit an application to the county treasurer where the vehicle is stored and must have an affidavit from the insurer that two written attempts to obtain a properly assigned certificate of title were attempted and failed.
    [3/21: 49-0 (Shipley absent)]

     

    SF 462 provides that money collected for a certified driver’s abstract by the Department of Administrative Services and the Office of the Chief Information Officer be transferred to the State Treasurer, who will credit the money to the General Fund.
    [3/9: 48-0 (Anderson, Bertrand excused]

  • State Government – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 237 – CPA firm reciprocity
    SF 351 – Eliminates Iowa’s emergency response commission
    SF 399  – Secretary of State technical elections bill
    SF 408 – Architect licensure
    SF 410 – Declaration of disposition of persons remains
    SF 411 – Contractor registration fees for IWD and IDPH
    SF 442 – Voluntarily exclusions from racetrack or gambling facility
    SF 489 – Legalizing consumer fireworks
    SF 500 – 911 consolidation study recommendations
    SF 505 – First-time homebuyer savings account
    HF 89 – Des Moines Public School Retirement Systems Merger
    HF 231 – Apprenticeship training program for instate Iowa residents only
    HF 293 – Iowa Prison Industries and private business bidding
    HF 295 – Pre-emption
    HF 462 – Confidentiality of certain gaming records
    HF 467 – ICN and public safety
    HF 471 – Precinct Consolidation
    HF 516 – Voter Suppression
    HF 541 – Real estate licenses or disclosure
    HF 566 – School board election same as city election
    HF 568 – Pari-Mutuel Wagering for horse and dog racing standards
    HF 569 – 403b retirement programs increases
    HF 601 – Cyber security confidentiality by a government body
    HF 607 – Alcohol Beverage Division technical bill
    SF 237 modifies Iowa’s statute on Certified Public Accountant (CPA) firm practicing privileges without obtaining the state’s certificate. The changes mirror individual CPA reciprocity/practicing privilege changes made in 2006. All states had individual CPA reciprocity exceptions, and 16 states allowed firm reciprocity across state lines without state certification. Firms still must comply with accounting board and state requirements. The Consumer Protection Division of the Iowa Attorney General’s office confirms that Iowans will continue to have a high level of consumer protection with these changes.
    [3/8: 49-0 (Chelgren excused)]

     

    SF 351 eliminates the Iowa Emergency Response Commission and transfers the powers and duties to the Department of Homeland Security & Emergency Management. It also makes technical changes and renumbers the remaining Code sections. These changes streamline government processes and remove duplicative duties.
    [3/1: 50-0]

     

    SF 399 makes technical corrections for filling a school board vacancy. A person appointed to fill a vacancy on a community college board will serve until a member is elected at the next school election or at an intervening special election.
    [3/27: 46-0 (Bertrand, Bisignano, Danielson, D. Johnson excused)]

     

    SF 408 requires licensure rather than registration of architects practicing in Iowa and makes conforming changes to Code sections that reference registration as an architect. The term “licensure” is used when a professional’s actions are regulated by a Practice Act, and the credentials are more rigorous (involving education, training and examination). “Registration” refers to a state roster that may include regulation by a Title Act, which does not apply in Iowa. The Iowa Chapter of the American Institute of Architects requested the legislation to better reflect the occupational regulation based on public health, safety and welfare. In Iowa, engineers and landscape engineers are licensed rather than certified, and all states bordering Iowa (except Wisconsin) require architect licensure.
    [3/28: 49-0 (Rozenboom excused)]

     

    SF 410 deals with the disposition of a person’s remains after death and who has the authority to make those decisions. A written declaration concerning the final disposition of a body after death and the ceremonies do not need to be in or attached to a durable power of attorney for health care. This allows the Disposition of Remains document and the Power of Attorney for health care decisions to be attached or stand alone. One does not trump the other.
    [3/9: 48-0 (Anderson, Bertrand excused)]

     

    SF 411 relates to a unified licensure and registration system for plumbing and mechanical systems (HVAC) and contractors. Plumbers and HVAC workers had registered with Iowa Department of Public Health (IDPH) and contractors registered with Iowa Workforce Development (IWD). Plumbers and HVAC technicians have a three-year license schedule, while a contractor’s registration happens every year. There will now be a one-stop shop for registration and fees under IDPH, and the appropriate money from contractor registrations will be transferred to IWD.
    [3/14: 49-0 (Horn excused)]

     

    SF 442 makes changes to the process by which a person can be voluntarily excluded from a racetrack or gambling facility. A person who is voluntarily excluded must be excluded only from the wagering area and gambling floor, not the whole facility. Exclusion will be five years (which can be renewed upon request) or for life. Previously, a request to be voluntarily excluded was for life. A person who has been voluntarily excluded for life under previous law can apply for admittance under the new law. A person who had signed up to be voluntarily excluded must be given information on gambling treatment programs and signs of excessive gambling before they can be removed from the exclusion list.
    [4/12: 47-2 (Quirmbach, Zaun “no”; Bertrand absent)]

     

    SF 489 allows the commercial sale of fireworks. Under previous Iowa law, snakes and sparklers were the only fireworks legal to possess or light. A violation was a simple misdemeanor. However, a county board of supervisors or the Department of Natural Resources (DNR) could grant a permit to display fireworks if it was handled by a competent operator. Changes include:

    • License and Fees: The state fire marshal will establish a consumer fireworks seller’s license. There will be two classes of consumer fireworks and five fee levels:
      • $1,000 annual licensing fee for a retailer at a permanent building who devotes 50 percent or more of their space to selling or displaying first-class consumer fireworks.
      • $500 annual licensing fee for a retailer at a temporary structure who devotes 50 percent or more their space to selling or displaying first-class consumer fireworks.
      • $400 annual licensing fee for a retailer who devote less than 50 percent of their space to selling or displaying first-class consumer fireworks.
      • $400 annual licensing fee for a community group that sells first-class consumer fireworks.
      • $100 annual licensing fee for a retailer or community group that sell only second-class consumer fireworks.
    • Insurance: Retailers and community groups must maintain commercial general liability insurance with specified coverage amounts.
    • Annual Registration Fee: $1,000 annual registration fee for a wholesaler, which is deposited in the consumer fireworks fee fund. The fund will be used for the state fire marshal’s duties related to consumer fireworks and grants to local fire protection and emergency medical service providers.
    • Violations: A consumer fireworks seller can have their license revoked for intentionally violating requirements. A violation of a licensing or registration provision established in Code or by rule is a simple misdemeanor, punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625, or both.
    • Timeline for Selling and Using/Setting Off: Consumer fireworks can be sold and used from June 1 to July 8 and from December 10 to January 3.
    • Underage Buying/Selling: Selling consumer fireworks to someone under 18 is a simple misdemeanor. Anyone under 18 who purchases consumer fireworks commits a simple misdemeanor. A simple misdemeanor is generally punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or both, but the bill provides for a fine of at least $250.
    • Restrictions/Opt Out: The state fire marshal may suspend the use of consumer fireworks, display fireworks or novelties if they would constitute a threat to public safety. Penalty is a simple misdemeanor and at least a $250 fine.
    • A county board of supervisors or city council may adopt an ordinance or resolution to prohibit or limit the use (NOT the sale) of consumer fireworks or display fireworks if they are a threat to public safety or a nuisance. Penalty is a simple misdemeanor and $250.
    • Rulemaking and Effective Dates: The state fire marshal will adopt emergency rules to implement the law, which takes effect upon enactment.
      [3/22: 34-14, party-line (with Allen, Bowman, Danielson, Dotzler, Horn, Lykam, Taylor voting “yes”; D. Johnson voting “no”; Brown, Shipley absent]

     

    SF 500 makes recommended changes from a 911 Public Safety Answering Point (PSAP) Consolidation Study. It contains technical changes, including moving from E911 to 911 and updating various definitions to reflect current practice; includes a consolidation plan that combines wireline 911 networks into wireless 911 networks; creates a shared service environment for Public Safety Answering Points call processing equipment; and includes costs for development, deployment, operation and maintenance. Technical reasons for having two networks are eliminated, and the shared service is a possible cost-saving measure.

    Funding changes include:

    • Leaving PSAP pass through at 60 percent.
    • Creating PSAP GIS grants at $15,000 per PSAP.
    • Eliminating Land Mobile Radio funding.
    • Carryover operating surplus for FY18: $7 million for consolidation grants of $200,000; the remainder goes to PSAP for “receipt and disposition.”
    • Putting $9 million toward support for the consolidation plan.

    The Department of Homeland Security & Emergency Management will develop a plan to combine the wireline 911 network with the next generation 911 network. The plan must describe anticipated costs, use of surcharges, use of shared services technology and suggested amendments to Code chapter 34A to allow the plan to be implemented. The department must submit the plan to the Legislature by January 15, 2018.
    [4/17: 48-1 (Bisignano “no”; McCoy absent)]

     

    SF 505 creates a new state income tax exemption for qualified deposits to a First-time Homebuyer Savings Account. Withdrawals from the account are tax-free if the money is used for a down payment and closing costs for a single-family, owner-occupied home in Iowa. To set up an account, a person must submit a form to the Department of Revenue designating the account as a First-time Homebuyer Savings Account. The beneficiary may access the fund to purchase their first home. The account holder may change the beneficiary at any time or may designate himself as the beneficiary. Contributions may be made by any person, in any amount. There is no cap on donations/contributions to the account. The account holder may withdraw funds at any time.

    An account holder may deduct contributions from their income taxes. The deducted amount may not exceed $2,000 per year for an individual or $4,000 for married taxpayers. These amounts are adjusted for inflation each calendar year. The new law exempts any interest or earnings received from the holder’s accounts. The total amount that may be deducted from one’s income tax for these two tax incentives cannot exceed an aggregate lifetime limit of 10 times the maximum deduction determined above for the applicable year ($20,000 for 2016), or double that amount for married taxpayers with a joint account ($40,000 for 2016).

    The account holder can claim the tax incentives for 10 tax years from opening the account, or on the date when account funds are withdrawn, whichever comes first. Any amount remaining in the account after the 10th year must be added to net income of the account holder that tax year. Nonqualified withdrawals from the account will be added to net income and are subject to a 10-percent penalty unless the withdrawal was made because of death, disability or bankruptcy. The law prohibits money for house/closing costs from being allowed as an itemized deduction on Iowa individual income taxes. The tax provisions will begin on or after January 1, 2018.
    [4/17: 49-1 (Bolkcom “no”)]

     

    HF 89 allows a school board with a pension or annuity retirement system (Des Moines Public Schools) to adopt a resolution to merge with the state retirement system (IPERS).
    [4/13: 49-0 (Bertrand excused)]

     

    HF 231 clarifies that Iowa’s Economic Development Authority (IEDA) has broad general powers and specific program powers over all of the department’s statutory programs and administrative rules, including programs created pursuant to Code chapters 15, 15A, 15B, 15E, and 15J. Specifically, to qualify for financial assistance for apprenticeship training, a person must be an Iowa resident.
    [2/22: 50-0]

     

    HF 293 reflects current practice. It requires the Department of Administrative Services to adopt rules that would reverse state law concerning when state government agencies must purchase goods from Iowa Prison Industries. Previously, unless there is an exception in state Code, government agencies had to purchase from Iowa Prison Industries. Now, Iowa Prison Industries may bid on all projects unless specifically excluded by current code.
    [3/1: 50-0]

     

    HF 295 prohibits a city or county from adopting an ordinance, motion, resolution or amendment on conditions of employment that exceed or conflict with federal or state law on minimum or living wage rate, employment leave, hiring practices, benefits, scheduling, or other terms or conditions of employment. It also voids any action adopted prior to this law taking effect. The same provisions apply to the sale or marketing of consumer merchandise and containers. The bill is effective upon enactment.
    [3/27: 29-21, party-line (D. Johnson voting “no” with Democrats)]

     

    HF 462 deals with the confidentiality of certain gambling records. The Iowa Racing & Gaming Commission (IRGC) has access to all casino records to ensure they uphold the standards and integrity of gambling. Accordingly, except for what is to be made public as outlined in statute (i.e., admissions, amount wagered and adjusted gross receipts), all other records kept by the casino are considered sensitive and proprietary-confidential, and not to be shared with competitors. Records listed in the bill would be kept confidential, while a casino’s certified audit would be made public.
    [3/20: 49-0 (Shipley excused)]

     

    HF 467 allows the communications systems of law enforcement agencies to be considered under the purview of the Iowa Communications Network (ICN) if requested by the agency. Previously, law enforcement communications systems were excluded from the types of services the ICN provides. The ICN is assisting with the Land Mobile Radio network deployment by providing vendor management and project management services. This will ensure that the ICN can partner with and assist the Department of Public Safety in communications services. It does not expand the definition of who can use the ICN, nor does it require the Department of Public Safety to use the ICN.
    [4/3: 49-0 (Bertrand excused)]

     

    HF 471 allows county auditors to consolidate precincts for primary and general elections. The Code currently allows this consolidation option for school and city elections.
    [4/4: 43-7 (Bolkcom, Hogg, Horn, McCoy, Petersen, Quirmbach, Taylor “no”)]

     

    HF 516 deals with election procedures, including voter identification, absentee ballots, voter registration, and straight-party voting.

    Division I- General Provisions

    • Any violation of chapter 48A (Voter Registration) not already assigned a penalty is now election misconduct in the 4th degree, a simple misdemeanor.
    • A person must submit their voter registration within seven days of receiving the form. If the election is within three days, the form must be submitted within 24 hours. There previously was no deadline.
    • A person can’t request a ballot more than 120 days before an election.
    • Absentee ballots
      • The latest date to request an absentee ballot is 10 days before a general election and 11 days before a primary. This goes into effect January 1, 2018.
      • The voter must put their voter verification number on their request form.
      • The request for ballot must be the same as the voter registration deadline.
      • If a request is picked up by a political party or agent after the deadline, it must be returned in 24 hours.

    Division II- Voter Identity and Signature Verification

    • Same Day Registration Changes: Previously, to register to vote on Election Day, a person could show photo ID, fill out the registration form, sign an oath and provide proof of residency. If the ID does not have a photo, the person could use a residential lease, property tax statement, utility bill, bank statement, paycheck, government check or other government document. Now, the document must be dated within 45 days.
    • Voter Registration Card: The Secretary of State (SOS) will compare lists with the Department of Transportation (DOT) to determine those eligible for a voter registration card. The county auditors send out the cards. The registration card provision will only be implemented if the Legislature determines there is enough money to do so. There are no appropriations in the legislation. One-time cost to SOS is estimated at $200,000, in addition to various local costs. The commissioner of elections must send acknowledgement within 21 days if a person registers to vote on Election Day. This would include their voter registration card.
    • Photo ID Requirements: Previously, a registered voter could vote without showing identification, though a precinct official may require a voter to show ID if they do not recognize them, the person has moved from where they registered to vote, or their right to vote is being challenged.
      • Now, before any voter is given a ballot, they must show an accepted form of ID, including:
    • Iowa Driver’s License/ Non Operator’s ID
    • United States passport
    • United States military ID or veterans ID (a veterans ID that does not contain a signature is not subject to challenge).
    • No ID is required for residents or patients in a nursing home or hospital.
    • If a precinct official determines that photo appears to be someone else, they may challenge the status of a voter, and that person must fill out a provisional ballot. A person who cannot establish identity is allowed to vote on a provisional ballot.
    • If a registered voter cannot provide the required identification, they may present:
      • A voter registration card provided by the SOS or county auditor.
      • An out-of-state driver’s license/non-operator ID.
      • An identification card issued by an employer.
      • A student ID issued by an Iowa high school or Iowa postsecondary school.
      • All of these must have a photo and an expiration date (except for the “free” SOS card).
    • If a registered voter cannot provide identification, they may establish identity by having another registered voter who lives in the precinct attest by signing an oath for them.
    • A person filling out a provisional ballot must go to their auditor’s office and provide an appropriate form of identification before the ballot is counted. The process for filling out a provisional ballot does not change, but there are more regulations that will increase the number of provisional ballots cast. In 2016, there were 2,475 provisional ballots cast; 648 were rejected. New language allows the commissioner of elections to dispute an application for an absentee ballot if the signature appears to be signed by someone else. The commissioner must notify and allow for a new request or the voter can update the signature on record over the phone, in person or in writing.
    • This division takes effect when the Legislature approves an appropriation sufficient to implement its provisions and applies to all elections on or after the effective date.

    Division III – Polling Places: At least 72 counties use some type of electronic poll books, though not all of these counties use electronic poll books at every precinct. Photographic devices and the display of voted ballots are prohibited if the intent is to interfere with other voters or orderly operation of the polling place. There is a ban on the use of cameras, telephones, pagers or other electronic communication devices in the voting booth.

    Division IV – Election Certification and Audits: Previously, Iowa law did not require a post-election audit. Now, the County Commission must complete a certification no later than 20 days after the General Election.

    Division V – Voter Misconduct and Reporting: County attorneys will review voter registration documents for every same-day registrant and report findings to the auditor and Secretary of State. The SOS will inform the county auditor if there are reports of people voting twice in the same election, and the county auditor will information the county attorney if they receive reports of a person attempting to vote twice.

    Division VI- Straight Party Voting: Iowa is one of 10 states that have allowed voters to vote a straight ticket. Straight-party voting is now eliminated for Iowans.

    Division VII – Public Education: The SOS and stakeholders must work with county auditors to develop and implement a public education plan that includes multimedia advertising. No funding is provided.
    [4/13: 28-21, party-line (D. Johnson voting “no” with Democrats; Bertrand excused)]

     

    HF 541 changes references to “real estate broker,” “broker associate” and “salesperson” throughout Code chapter 543B to “real estate licensee” or “licensee.” Under the new law:

    • “Conviction” includes only indictable offenses, which brings consistency to the Code chapter.
    • Three license law violations within three years results in revocation of license. It had been three violations within five years.
    • A designated broker can manage more than one office or physical location of business.
    • The Real Estate Commission may assess civil penalties to non-licensees acting in real estate without a license and sells real estate as a course of business.
    • An agency disclosure should be given to the primary client of the licensee.
    • Delivery of a seller’s disclosure form to another agent or client may be done electronically.
      [4/5: 50-0]

     

    HF 566 moves the date of school board, community college board and Area Education Agency board elections from September to the same date as city elections in November and makes conforming changes, effective on July 1, 2019. According to the Secretary of State, in the last four school elections, the voter turnout average was 6.5 percent. The average voter turnout for city elections in that same timeframe was 21.3 percent. County auditor’s bill election costs to the respective cities and school districts. The one-time fiscal impact to the Secretary of State’s office for programming and GIS costs is estimated to be $50,000. Cost savings under the new procedure will vary and may not be realized by every jurisdiction.
    [4/6: 36-13 (Bisignano, Bolkcom, Boulton, Bowman, Dvorsky, Hogg, Kinney, Jochum, Lykam, McCoy, Petersen, Quirmbach, Taylor “no”; Bertrand absent)]

     

    HF 568 makes uniform pari-mutuel horse and dog racing standards that come from the industry. The Code section related to drugging or numbing race horses or dogs is updated to current industry standards, which indicate that ice is not a freezing device or substance for numbing. In addition, dosage amounts/limits of furosemide or phenylbutazone to race horses must be set by the racing and gaming commission. Furosemide must be administered to a horse by a veterinarian licensed by the commission, instead of by a veterinarian employed by the owner or trainer of the horse. A dog or horse track can directly check the setoff requirements for those winning more than $1,200. The setoff requirements are a list of those who owe money to an eligible public agency.
    [4/5: 50-0]

     

    HF 569 says that any 403b supplementary retirement plan offered for sale must be included in 403b options for state and school districts employees. The Department of Administrative Services (DAS) will offer up to 30 plans to state employees and consumers in schools.

    Previously, DAS has reviewed and picked six of the best 403b plans (based on low fees, required adequate level of service, etc.) to offer state employees. There is also an “optional provider list” of 403b plans offered to employees that don’t qualify for the recommended list. In 2015, DAS conducted an RFP in which any plan/insurance salesperson could submit their plan. While insurance agents like this legislation, education groups want to keep the DAS review and recommended list of supplemental retirement plans to help consumers get the best products for the lowest cost.
    [4/12: 41-8 (Bolton, Bolkcom, Hogg, Horn, Jochum, Petersen, Quirmbach, Taylor “no”; Bertrand absent)]

     

    HF 601 provides for the confidentiality of certain government cyber-security and infrastructure information, at the request of municipal utilities, who thought the provisions were already covered in Iowa law. HF 601 mirrors a law protecting cyber-security information for the Iowa Utilities Board.
    [4/5: 50-0]

     

    HF 607 contains a number of technical and changes to the Alcoholic Beverages Division. The technical changes include removing redundant language, clarifying current practices, and standardizing language regarding the contents of applications for liquor control licenses, wine permits and beer permits.

    Policy changes:

    • Streamline licensing for beer manufacturers and wholesalers who had been governed by separate classes of permits.
    • Allow brewpubs to sell their beer for consumption off premises in a growler without the beer passing through a wholesaler. This also places on the brewpub the responsibility for remitting the barrel tax for beer sold in a growler.
    • Allow an Iowa brewery with a taproom to sell wine by the glass for consumption on premises. Native wineries are already allowed to sell beer for consumption on premises in addition to wine.
    • Change the terminology for Iowa distilled spirits from “micro-distilleries” and “micro-distilled spirits” to “native distilleries” and “native distilled spirits.” This mirrors current terminology for Iowa-produced wines and beer.
    • Allow native distilleries with production of 100,000 gallons or fewer annually to sell up to nine liters per day. Previous law limited the sale of distilled spirits by native distilleries to 1.5 liters. A native distillery with production of more than 100,000 gallons annually is limited to 1.5 liters. Native distilleries with production of 100,000 gallons or fewer may sell their product at retail for consumption on premises.
      [4/17: 50-0]

  • Natural Resources & Environment Committee – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 257 – Issuing permits for bass fishing events
    SF 472 – Operation of snowmobiles on public land
    HF 202 – DNR Code cleanup: Solid waste management systems program, beautification grants
    HF 254 – Tagging requirements for deer carcasses
    HF 475 – Use of a straight wall cartridge rifle for the hunting of deer
    HF 511 – Administration of state forest nursery

    SF 257 establishes Department of Natural Resources guidelines for bass fishing tournaments and permitting for the events. The minimum number of vessels for an event is six on public waters other than the Mississippi River. For Mississippi River events, the minimum number of vessels is 20, and there must be at least 40 participants. The Natural Resource Commission will adopt rules, including:

    • Establishing permit requirements for the event, including the weigh-in, handling and release of live bass.
    • Measuring and releasing bass from the vessel.
    • Number of bass allowed to be kept, and number of bass being kept alive during the tournament.
    • Cleaning of vessels after the event to prevent the spread of invasive aquatic species.
      [3/1: 50-0]

     

    SF 472 makes changes to the operation of snowmobiles on highways and roadways. Previously, the portion of highways and roadways between a fence line and the traveled area of the road were considered public right of way that could be used by snowmobiles. On some secondary roads, the property line extends to the center of the road, meaning the area between the fence line and the traveled portion of the road is not a public right of way. The bill clarifies that snowmobiles may operate on all areas between a fence line and the traveled portion of the road.

    The Department of Natural Resources (DNR) must transfer at least 70 percent of the fees collected in the snowmobile trust fund to local groups for their activities and trail development. Previously, DNR sent at least 50 percent of the fees to local groups. The bill also allows DNR to donate trail grooming equipment to local organizations after it has reached the end of its useful life for the department.
    [3/13: 49-0 (Bertrand absent)]

     

    HF 202 updates responsibilities at the Iowa Department of Natural Resources. It removes language regarding funding for beautification grants since the program is now housed within the Economic Development Authority. It also makes changes to the Solid Waste Environmental Management Systems, including eliminating the associated advisory council and updating terminology to reflect current operations.
    [4/3: 49-0 (Bertrand absent)]

     

    HF 254 allows a harvested deer to be removed from an obstruction, entanglement or other area prior to attaching the required tag if the situation presents a safety hazard to the hunter or another person. This provision does not allow the hunter to remove the harvested deer from the immediate area or to transport the deer before attaching the required tag.
    [4/6: 49-0 (Bertrand absent)]

     

    HF 475 allows the use of a straight wall cartridge rifle to hunt deer. Straight wall cartridge rifles would only use ammunition currently allowed for handguns that are approved for hunting deer, which must be .357 in caliber or larger and have a straight wall cartridge. Straight wall cartridge rifles have the same range as a deer slug shot, but with less recoil. These weapons are also considered to be more accurate than handguns. They cannot be used during archery season, but may be used by those with a permit for the designated youth and disabled season, as well as the first and second shotgun seasons. This does not allow use of high-powered rifles, which have a much greater range.
    [4/3: 49-0 (Bertrand absent)]

     

    HF 511 allows the Department of Natural Resources to establish minimum ordering quantities and pricing for plant material sold by the State Forest Nursery. The director must conduct an annual review of market conditions, revenues and expenditures prior to changing prices and ordering quantities. The nursery may sell bare-root stock to private nurseries for resale. These changes are necessary because the nursery operates under a number of constraints regarding the products it may sell and type of sales it may make. Its products are mostly used as a forest management and planning tool, or for conservation efforts by private landowners. In addition, the State Forest Nursery must be financially self-sustaining, should not be supplemented by state funding and cannot operate at a profit.
    [4/6: 49-0 (Bertrand absent)]

  • Local Government Committee – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    HF 307 – Waterworks/sewer service franchise
    HF 308 – Release of military personnel records
    HF 485 – City council members to serve as volunteer firefighters
    SF 439 – Recorder’s notices
    SF 451 – Electronic pay via county treasurer
    SF 481 – Enforcement of immigration laws

    HF 307 adds sewers to the list of services for which a city may grant a franchise, and adds sewer services and water works franchises to the list of franchises for which an election is not required unless there is a petition.
    [4/3: 49-0 (Bertrand excused)]

     

    HF 308 mirrors the federal government relating to military personnel records maintained by a county recorder. The bill allows individuals to request a copy of a confidential record when the event that resulted in the record occurred at least 62 years prior to the request. Previous law required the event to have occurred at least 75 years prior to the request.
    [4/6: 49-0 (Bertrand excused)]

     

    HF 485 allows city council members to serve as volunteer firefighters in any position or capacity.
    [4/4: 50-0]

     

    SF 439 allows the original lien, certificate or notice included in a file to be returned to the sender, or disposed of by the County Recorder if the sender does not wish it returned, if there is an official copy of the lien, certificate or notice in the Recorder’s office, maintained in the Recorder’s office as an electronic document, or is recorded, copied or reproduced by any electronic, optical, magnetic, microfilm or other storage method.
    [3/15: 49-0 (Horn excused)]

     

    SF 451 allows for certain property tax payments and redemptions to the County Treasurer, as well as calculating amounts of interest due, via Internet.
    [3/13: 49-0 (Bertrand excused)]

     

    SF 481 deals with enforcement of immigration laws. If a county or city public safety officer releases a person who is the subject of an immigration detainer request by U.S. Immigration & Customs Enforcement, the local government is liable for damages from any felony committed by the person in Iowa within 10 years following their release. The Republican majority brought up this bill for debate in direct violation of the Joint Rules of the Iowa General Assembly (specifically Rule 20).
    [3/12: 32-15-1, party-line (except Allen, Bowman, Ragan voting “yes”; Taylor “present”; D. Johnson “no”; Bertrand, Bisignano excused)]

  • Labor & Business – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 32 – Hair samples in private-sector drug testing
    SF 438 – Banning Project Labor Agreements
    HF 291 – Gutting collective bargaining
    HF 441 – Laundry occupations (House Commerce bill)
    HF 533 – Disqualification for unemployment benefits
    HF 529 – Occupation Safety and Health Administration (OSHA) conformity
    HF 542 – Second-year eligibility for unemployment benefits
    HF 572 – WIOA federal conformity for state workforce board (House Eco. Growth bill)

    SF 32 adds hair samples to the testing methods that may be used in private sector drug testing. Current law allows drug testing on samples of urine, saliva, breath and blood. The new law allows hair samples to be tested if standards have been cleared or approved by the U.S. Food & Drug Administration; sets standards for individual privacy; and requires a sample be one-and-one-half inches or shorter. Employers may test hair of prospective employees only.
    [4/5: 35-15 (Bertrand, Bisignano, Bolkcom, Boulton, Chapman, Danielson, Dotzler, Dvorsky, Horn, Jochum, D. Johnson, McCoy, Petersen, Quirmbach, Taylor “no”)]

     

    SF 438 prohibits government entities (e.g., state, cities, counties, schools, community colleges) from requiring a potential bidder on a public improvement project to provide information that the bidder deems confidential or proprietary as a requirement for being a responsive, responsible bidder.

    A government entity cannot ask for a safety record, tax compliance history, past bidding history or pending litigation. Currently, local governments ask for this type of information—what’s sometimes called a “quality assurance questionnaire.”

    A new subchapter in 73A.25: Fair and Open Competition in Government Construction Act (prohibition on government entities from using Project Labor Agreements) bans government agencies from entering into Project Labor Agreements.

    Public improvement means any building or construction work that is built, repaired, remodeled or demolished under the control of a government entity, and is paid for in whole or in part with funds from the government entity (including road construction). Public improvement does not include urban renewal demolition, low-rent housing projects, highway, bridge or culvert projects, city utility work done by its employees or work for a rural water district.

    A violation of Code chapter 73A is a simple misdemeanor and is grounds for removal from office. Previously, it was punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625, or by both.
    [3/9:26-21, party-line (D. Johnson voting “no” with Democrats)]

     

    HF 291 guts public sector employee collective bargaining rights. Key aspects of the new law include:

    • An exemption for public safety employees (regarding the scope of negotiations) provided they are in a bargaining unit made up of 30 percent public safety employees. Public safety employees are now defined in Iowa Code Chapter 20.3.
      • A public safety employee is a sheriff’s regular deputy, a marshal or police officer, state patrol, narcotics enforcement, state fire marshal, criminal investigation, Department of Public Safety gaming enforcement officer, conservation officer or park rangers, permanent or full-time fire fighter or an Iowa Department of Transportation Motor Vehicle Enforcement Officer. Corrections officers, University police and paramedics are not considered public safety officers.
      • The new law does not treat all public safety employees equally. Police officers in a bargaining unit made up of less than 30 percent public safety employees do not have the same bargaining rights as those in a unit made up of more than 30 percent public safety employees.
      • Public safety employees can no longer deduct dues and PAC contributions from paychecks.
      • Other topics subject to bargaining stay the same for public safety employees.
    • All other public workers can now negotiate for base wages only. If a contract goes to arbitration, the bargaining unit will receive a maximum 3-percent raise or a percentage equal to the increase in Consumer Price Index (CPI) for a 12-month period, whichever is less.
      • They are prohibited from negotiating insurance, leaves of absence, transfer procedures, evaluation procedures, staff reduction, membership dues and PAC contributions. These are illegal topics (i.e., not permissive topics). Even if an employer wants to negotiate with a bargaining group on these items, they cannot.
      • Grievance procedures, seniority, holidays, hours, vacations, shift differentials, health and safety were previously mandatory subjects of bargaining. They now are permissive subjects; both the employer and the employee organization must agree to negotiate permissive topics.
      • Employees covered by a bargaining unit cannot on their own negotiate illegal bargaining topics with their employer. This is prohibited.
    • The new law changes what can be considered in non-public safety employee arbitration.
      • The arbitrator must consider a wage comparison of public and private employees.
      • The arbitrator can no longer factor in the ability of the public employer to levy taxes. This applies to public safety and nonpublic safety.
      • The arbitrator cannot look at past collective bargaining agreements.
      • The arbitrator can consider the interests and welfare of the public, and a public employer’s ability to finance adjustments.
    • The new law makes it more difficult for a public employee union to stay certified.
      • It changes the threshold for a vote from 10 percent of employees in the unit to 30 percent of all bargaining unit employees.
      • All bargaining units now face Wisconsin-style re-certification. All employees in the bargaining unit are considered voters. Previously, the vote was decided by bargaining unit employees that show up for the election. Now, employees who don’t participate are “no” votes on certification.
      • A bargaining unit must recertify before the expiration of their contract.
      • All election costs for certification and re-certification are paid by the public employee organization.
    • Other noteworthy provisions:
      • The Governor has authority to veto statewide collective bargaining agreements following a gubernatorial election.
      • Transit employees will be considered public safety employees under if it is determined by the Iowa Department of Transportation through written confirmation from the U.S. Department of Labor that a public employer would lose federal funding if the transit employee is not covered under certain collective bargaining rights.
      • Any ongoing collective bargaining negotiations not complete when this bill was signed into law were void and must begin anew.

    Division II: Iowa teachers

    • Prohibits all discussion of evaluation procedures.
    • Allows witnesses for the parties to be present in a private hearing, as well as the teacher’s representative. The board must keep a record of the private hearing, but they are no longer required to employ a shorthand reporter.
    • The school board and employee organization can no longer issue subpoenas for witnesses and files.
    • If a teacher does not file for a private hearing on their termination in a timely manner, the board may proceed with the termination and would no longer have to wait until May 31.
    • The school board must make a final decision on the termination. The decision is based solely on the evidence in the record and on matters officially noticed in the record. The adjudicator is removed from the grievance process in termination filings. If a teacher rejects the board decision, they can’t appeal to a neutral adjudicator. They must go to court.
    • The probationary time for teachers is expanded to a mandatory two years, and districts can remove probationary teachers without cause following their two years.
    • Supplemental pay is removed as a negotiated subject of bargaining. This could cause a shortage for after-school activities, which punishes teachers who spend time with kids in the subjects that make them want to go to school.
    • Just cause for termination and discipline is expanded beyond the professional code of ethics.
    • Teachers who participate in intensive assistance and, anytime in the future, fail to meet the applicable standards can be fired.

    Division III: Personnel records and settlements

    • This division comes from the “secret settlements” and “hush money” scandals that plagued the Governor in 2014.
    • Any resignation in lieu of or termination or demotion of a public employee becomes public record.
    • Non-disclosure or confidentiality agreements are eliminated for personal settlement agreements and decisions for executive bonus pay must be made public record. No provision of collective bargaining can supersede this provision of the new law.
    • This could mean more lawsuits from people trying to clear their name.

    Division IV: City civil service requirements

    • It is now permissive for nonpublic safety employees to bargain over seniority rights. A city council may extinguish seniority rights if not covered under a collective bargaining agreement. Firefighters and police officers will get seniority rights if they are part of the 30-percent or above bargaining unit.

    Division V: Health insurance

    • Requires a public employer to provide health insurance to permanent, full-time, public employees. Public employers may offer health insurance to part-time employees.
    • Permits a 30-day enrollment and change period for health insurance.
    • No statewide plan is offered under this law.
      [2/16: 29-21, party-line (D. Johnson voting “no” with Democrats)]

     

    HF 441 allows 16- and 17-year-olds to work in laundry occupations if the washing machine has a capacity of less than 10 cubic feet and is designed to reach an internal temperature that does not exceed 212 degrees Fahrenheit.
    [4/4: 47-3 (Dvorsky, Hogg, Taylor “no”)]

     

    HF 529 conforms state law to federal law for civil penalties in violations of occupation safety health laws. It strikes references to specific dollar amounts for civil penalties. Federal law requires an annual adjustment of penalty amounts based on federal Consumer Price Index. The state Labor Commissioner must adopt rules annually to adjust to the Consumer Price Index.

    Penalties for each violation are increased by about 80 percent. Approximately $1 million annually in penalties has been collected and deposited into the state’s General Fund. It’s estimated that amount will increase by about $800,000 per year. The last change in penalties was in the early 1990s.
    [4/3: 49-0 (Bertrand excused)]

     

    HF 533 disqualifies a person for unemployment benefits they are incarcerated. Since 1975, an Administrative Rule (871-24.25(16)) has deemed incarceration to be voluntarily quitting without good cause and disqualifies a person from unemployment benefits. In 2016, the Supreme Court ruled in Irving v. Employment Appeal Board that the Administrative Rule misinterpreted Iowa Code 96.5 and that incarceration alone does not constitute voluntarily quitting.

    Under this new law, a person separated from employment because they are incarcerated is disqualified from receiving unemployment benefits, unless all of the following conditions are met:

    • The individual notified the employer that they would be absent from work because of incarceration prior to their absence.
    • Criminal charges relating to the incarceration were not filed against the individual, all criminal charges relating to the incarceration were dismissed, or the individual was found not guilty of all criminal charges.
    • The individual reported back to the employer within two work days of the individual’s release from incarceration and offered services.
    • The employer rejected the individual’s offer of services.

    In addition, if an individual is disqualified for unemployment benefits, they are disqualified regardless of the source of their wage credits. This law goes into effect July 2.
    [4/4: 42-8 (Bisignano, Bolkcom, Dvorsky, Horn, McCoy, Petersen, Quirmbach, Taylor “no”)]

     

    HF 542 increases the amount a person who has drawn unemployment benefits must earn to be eligible in the next benefit year from $250 to eight times their weekly benefit amount. States range from a low of $250 in Iowa to 10 times the weekly benefit amount. Iowa Workforce Development estimates this change will disqualify 395 claims (those between $250 and eight times the benefit amount).
    [4/4: 29-21, party-line (D. Johnson voting “no” with Democrats)]

     

    HF 572 makes changes to membership on the state Iowa Workforce Development Board to comply with the Federal Workforce Innovation & Opportunity Act (WIOA). The board has been made up of 50 percent business and 50 percent labor. WIOA requires:

    • A majority of the board’s voting members be representatives of businesses.
    • 20 percent of the board’s members be representatives from labor and community-based organizations.
    • Voting members to increase from nine to 33: 17 from business, seven from workforce (labor and community-based organizations), four from state agencies, the Governor, one state senator, one state representative, one city elected official and one county elected official.
    • 13 nonvoting members.

    The new law also makes changes to board duties, and provides for initial board appointments and transition. The changes to the Workforce Board are effective upon enactment.

    Changes are made to 2016 legislation authorizing Iowa Workforce Development (IWD) to join a consortium with Idaho and Vermont to modify the Idaho unemployment benefit payment software system for use in Iowa. IWD was authorized to use $5.9 million in federal funds for that project, but discovered the system cannot be adapted to Iowa’s needs. The Idaho language is struck, and IWD is now authorized to use the federal funds for unemployment insurance system modernization. The Department is working with the state’s Chief Information Officer to find an appropriate software system.
    [4/3: 49-0 (Bertrand excused)]

  • Judiciary – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 260 – Premises liability – trespassers
    SF 275 – Change of venue in termination of parental rights proceedings
    SF 332 – Changes to controlled substances schedules
    SF 333 – Fiduciary access to digital assets
    SF 358 – Authorizing electronic application for search warrants
    SF 374 – State Public Defender policy bill
    SF 376 – Claims for asbestos exposure
    SF 401 – Sexual abuse civil protective orders
    SF 403 – Theft of equipment rental property
    SF 405 – Substantive Code Editor’s bill
    SF 413 – Statute of Repose
    SF 433 – Relating to adoption and adoption fraud
    SF 444 – Using handheld devices and establishing a 24/7 program
    SF 445 – Law enforcement officer privileges and sentencing reform
    SF 446 – Civil asset forfeiture
    SF 465 – Medical malpractice, caps on damages, expert witness requirements
    SF 466 – Juror master list and shorthand reporters
    SF 467 – Felons and life insurance proceeds
    HF 52 – Criminal offense of interference with judicial acts- bailiffs
    HF 69 – Modifying penalties for trespassing
    HF 133 – Guardians ad litem, attorneys for minor children, child custody investigators
    HF 134 – Regulating the occupancy of rental property based on familial status
    HF 146 – Notice requirements for forcible entry and detainers
    HF 183 – Service of copies of court documents relating to dependent adults
    HF 184 – Petitions for administration of small estates
    HF 195 – Requests for notice of probate proceedings
    HF 253 – Relating to paternity and the obligation for support
    HF 263 – Domestic abuse, harassment, and stalking
    HF 296 – Definition of imitation drugs moved to Chapter 124, increasing penalties
    HF 371 – Att. fees and court costs in action pursuant to request for quitclaim deed
    HF 488 – Non-substantive Code Editor’s bill
    HF 517 – Firearms omnibus bill
    HF 523 – Medical examiners access to drug prescribing and dispensing information
    HF 524 – Medical cannabis (originally related to the drug prescribing and dispensing)
    HF 526 – Criminal offense of harassment and nonconsensual pornography

    SF 260 establishes that a possessor of real property is not liable for injury to a trespasser, except to use reasonable care to avoid injuring them once their presence is known. They may be liable if a child trespasser is injured by a dangerous condition that should have been known to the possessor. This codifies case law relating to premises liability, and is an effort to preempt courts from adopting a different liability standard that would potentially impose greater liability.
    [3/3: 48-1 (Bisignano “no”; C. Johnson absent)]

     

    SF 275 allows a petition terminating parental rights to be filed in a county other than the county where the children, guardian, mother or pregnant woman live, if there are valid safety concerns. The petition must be made within the judicial district that includes the home county. The court must keep the residence of child and petitioner confidential.
    [3/8: 49-0 (Chelgren absent)]

     

    SF 332 makes changes to controlled substance schedules to conform to actions taken by the U.S. Department of Justice, Drug Enforcement Administration.
    [3/13: 49-0 (Bertrand absent)]

     

    SF 333 creates a new Code Chapter, “Iowa Uniform Fiduciary Access to Digital Assets Act,” to address technology changes that allow people to store property and communications online. A digital asset is “an electronic record in which an individual has a right or interest.” Electronic relates “to technology having electrical, digital magnetic, wireless, optical, electromagnetic, or similar capabilities.” Examples of digital assets include a Facebook, e-mail, Google or electronic banking accounts. “Custodians” are the companies that provide the accounts.

    When a person dies or becomes incapacitated, heirs and fiduciaries may be prohibited from accessing their digital assets. This Act provides a uniform and consistent framework for individuals and their fiduciaries to plan for digital assets. Internet users will have control over their digital assets by specifying if they should be preserved, distributed to heirs or destroyed. Default rules will govern access to digital assets for executors and administrators of an estate, agents under a power of attorney, guardians, conservators and trustees.

    Highlights of the Act include:

    • An account user may use an online tool (e.g., Facebook) to direct a custodian to disclose their digital assets.
    • The user may allow or prohibit disclosure in a will, trust, power of attorney or other record.
    • A fiduciary does not possess any new or expanded rights beyond that of the user.
    • There is no requirement to disclose a digital asset that was deleted by the user.
    • If disclosure of some digital assets imposes an undue burden, the custodian or fiduciary may seek a court order regarding disclosure.
    • Disclosure of electronic communications requires a fiduciary to provide proof that they have a right to the digital assets.
    • Disclosure of non-content digital assets also requires specific documentation.
    • If the request for disclosure is made by a guardian or conservator, there must be an opportunity for a hearing, after which a court may grant access to digital assets other than electronic communications. A guardian or conservator may request suspension or termination of an account.
      [3/13: 49-0 (Bertrand absent)]

     

    SF 358 – Search warrants may be applied for and issued electronically. Pursuant to an electronic application, magistrates can communicate electronically with the applicant, and the magistrate may administer the person’s oath or affirmation by electronic means. In addition, an inventory of property seized pursuant to the warrant may be filed with the magistrate or clerk of court. Current law requires the inventory to be filed with the magistrate. The Judicial Branch will establish processes and procedures, which will likely be done through the Electronic Document Management System (EDMS). The Act takes effect when rules prescribed by the Supreme Court are in place and submitted to the Legislative Council.
    [3/9: 48-0 (Anderson, Bertrand absent)]

     

    SF 374 relates to the office of the State Public Defender. The bill:

    • Conform to the Iowa Supreme Court decision in State v. Young, clarifying that an indigent person is entitled to counsel when the crime they are charged with carries a possibility of jail time.
    • Updates language allowing the State Public Defender to contract with nonprofit organizations for legal services. Some nonprofits, such as the Innocence Project, use volunteer attorneys, so language requiring an organization to “employ” attorneys is deleted.
    • Allows the State Public Defender’s field offices to maintain conflict separation in a virtualized cloud environment, rather than through separate servers in 20 field offices.
    • Allows State Public Defenders to report case expenses within a reasonable time after a case is closed rather than the 10 days.
    • Requires a political subdivision to reimburse the State Public Defender’s Office for attorney’s fees and expenses for the defense of a person charged with violating a local ordinance that requires an attorney be appointed, effective January 1, 2018.
      [4/11: 49-0 (Allen absent)]

     

    SF 376 sets requirements for filing claims for asbestos exposure with asbestos bankruptcy trust claims and civil suits, including what a plaintiff must file, time limits for filings, and what is required to prove damages due to asbestos exposure. A plaintiff who files a civil asbestos action must disclose documents and information related to claims against any asbestos trust within 90 days of filing an action or 90 days of the effective date of this legislation, whichever is later. Trust claim materials and governance documents are presumed to be relevant, authentic and admissible as evidence in an asbestos action. This legislation limits recovery for damages that caused serious health problems and/or death.
    [3/8: 27-22, party-line, except Bertrand, D. Johnson voting “no” with Democrats; Chelgren absent)]

     

    SF 401 allows victims of sexual abuse to get a civil protective order that requires the perpetrator to stay away from them and their home, school and workplace. Previously, civil protective orders were available for victims of domestic abuse and elder abuse. Victims of sexual abuse can only get a no-contact order if there is a criminal prosecution, which does not always happen. Those protected by a domestic abuse civil protective order or a sexual abuse civil protective order can sign up for notifications from a victim notification system. The protected person and others who register will receive notification when the protective order is served, as well as notification at least 30 days prior to expiration of the order.
    [3/8: 49-0 (Chelgren absent)]

     

    SF 403 adds theft of equipment rental property to the definition of theft and adds a new element to what constitutes theft of equipment rental property. The aggregate value of the equipment rental property must be the original retail value of the property. Evidence of theft includes using a false name, address or identification, or deception to obtain the equipment rental property. It is also evidence of theft if a person lawfully obtains the property but fails to return the property or pay the fair market value of the property within 48 hours of receiving a written notice from the owner.
    [3/13: 49-0 (Bertrand absent)]

     

    SF 405 is the Substantive Code Editor’s bill that adjusts language to reflect current practices, inserts earlier omissions, deletes redundancies and inaccuracies, and removes temporary language.
    [3/15: 49-0 (Horn absent)]

     

    SF 413 relates to a statute of repose for improvements to real property. The bill:

    • Maintains the statute of repose relating to nuclear power plants and interstate pipelines at 15 years.
    • Sets the statute of repose for residential construction at 10 years.
    • Maintains a statute of repose at 15 years when there is intentional misconduct or fraudulent concealment of an unsafe or defective condition.
    • Sets a statute of repose for all other improvements to real property at eight years.
      [3/8: 32-16, party-line except Allen, Bowman, Kinney, McCoy voting “yes” with Republicans; Bertrand, Chelgren absent)]

     

    SF 433 addresses adoption fraud. The bill:

    • Limits adoption services to state licensed adoption agencies and attorneys. Both are strictly regulated for ethical practices and competency.
    • Toughens penalties for scamming prospective adoptive parents.
    • Caps allowable expenses payable to expectant parents who are making an adoption plan.
    • Requires that all expenses paid to expectant parents be documented and reported to the court in the termination proceeding and adoption proceeding to catch abuses earlier in the process.
    • Requires adoption agencies to use separate escrow accounts for adoptive parents’ funds for birthparent expenses, rather than commingling them with agency funds, and requires a detailed accounting of expenditures to adoptive parents.
      [3/21: 49-0 (Shipley absent)]

     

    SF 444 is a traffic safety bill with two distinct parts.

    Division I – The charge of reckless driving applies when a driver causes an accident that seriously injures or kills someone while texting. Public safety officers performing official duties, healthcare professionals in an emergency and drivers receiving safety-related information (emergency, traffic or weather alerts) are excluded from potential charges of reckless driving. A handheld electronic communication device is “a mobile telephone or other portable electronic communication device capable of being used to write, send, or view an electronic message.” Reckless driving is a Class “C” felony.

    Division II requires the Department of Public Safety to create a statewide sobriety and drug monitoring program for jurisdictions (e.g., counties) that want to participate. If a person charged with an offense involving abuse of alcohol or a controlled substance, they may be required to participate in the program.

    A defendant may be ordered to:

    • Abstain from alcohol and controlled substances.
    • Submit to twice-per-day testing to determine if alcohol or drugs are being used.
    • Use an alternative method to twice-per-day testing if it creates a hardship or is geographically impractical.

    Participants who fail to show up for testing or test positive may be jailed for up to 24 hours, pending a hearing. If a participant fails to show up, the magistrate can issue an arrest warrant. The program is repealed July 1, 2022.
    [4/12: 49-0 (Bertrand absent)]

     

    SF 445 prohibits requiring a law enforcement officer to give evidence in a criminal proceeding or to be questioned regarding:

    • Personal identifying information about themselves or their immediate family, or information unrelated to the officer’s duties that could be used to threaten, harm or intimidate the officer or family.
    • Identification documents necessary to conduct a lawful undercover criminal investigation.

    The name, photograph, compensation and benefit records, time records, residential address or any other personal identifying information of an undercover law enforcement officer must be confidential while the officer is actively involved in an investigation. An undercover officer is “…a law enforcement officer actively engaged in undercover law enforcement work whose assignment requires the law enforcement officer to work incognito, or in a situation in which the true identity of the law enforcement officer is intentionally hidden from others.”

     

    Other Divisions – Sentencing reform & attempted murder of a peace officer

    1. Penalties for Crack Cocaine – Increases the amounts of crack cocaine to be charged with various levels of felonies. The increased amounts bring more parity to the penalties for the possession of crack and powder cocaine.
      1. To be charged with a super “B” felony (up to 50 years), a person must manufacture, possess with intent to distribute, etc. at least 200 grams of crack cocaine. Previous law required 50 grams or above.
      2. To be charged with a “B” felony (up to 25 years), the amount of crack cocaine must be 40 to 200 grams. Previous law was 10 to 50 grams.
      3. Forty grams or less of crack cocaine is a “C” felony” (up to 10 years).
    2. Attempted murder of a peace officer – A new crime of attempted murder of a peace officer is punishable by 25 years with no opportunity for parole or work release and no earned time. If convicted of multiple offenses, the attempted murder of a peace officer is served first.
    3. No mandatory minimums for “C” felony drug offenses – Removes mandatory minimums (previously 20 months) for “C” felony drug offenses. This provision is retroactive, so it may impact the sentences of approximately 175 offenders.
    4. Reconsideration of a felon’s sentence – Amends Code section 902.4 to prohibit reconsideration of class “B” felonies, which is already the case for class “A” felony sentences. The bill removes the prohibition on reconsidering mandatory minimum sentences.
    5. Repeals Section 152C.6 of the Code, which says that “no city, township, or county governmental body, agency, or department will enact or enforce restrictions or requirements regarding massage therapists which are not equally enacted or enforced regarding all licensed health care practitioners, including but not limited to zoning, building code, health and sanitation regulations.”
      [4/19: 50-0]

     

    SF 446 is a Forfeiture Reform Act, which makes changes to Chapter 809A. Changes are in response to complaints from those who’ve had property seized by law enforcement. Highlights of the bill include:

    • Minimum civil forfeiture amount: No civil asset forfeiture without a criminal conviction when the seized property is valued at less than the minimum civil forfeiture amount of $5,000.
      • If the seized property is less than the minimum, there must be a criminal conviction for forfeiture.
      • If there is a criminal conviction when the property is valued at less than the minimum, judicial forfeiture proceedings must commence within 90 days of the criminal proceeding but can be extended if with a timely petition.
      • If the property is less than the minimum, forfeiture proceedings can still be brought if:
        • The property owner is deceased
        • Charges have been brought against the owner and a warrant has been issued for the owner’s arrest, but the owner is outside the state and can’t be extradited or cannot be located.
      • Standard of proof: The standard of proof for asset forfeiture is increased to “clear and convincing evidence.” The standard had been a “preponderance of evidence that the property is subject to forfeiture.”
      • Proportionality review: Property cannot be forfeited if the value is grossly disproportionate to the severity of the crime. The court must consider certain factors in determining proportionality.
      • Law enforcement must have written internal control policies that include:
        • Detailed records of property acquired and the date it was acquired.
        • The manner in which the property was disposed, including the date of disposition and financial records regarding property sold. Records must include an itemized list of specific expenditures made with money from the sale.
        • These records will be public.
    [3/28: 49-0 (Rozenboom absent)]

     

    SF 465 sets a $250,000 cap on noneconomic damages that can be recovered by a plaintiff in a medical malpractice case; creates overly strict requirements for qualifying as an expert witness; and requires certificate of merit affidavits for expert witnesses. A jury may exceed the $250,000 cap on economic damages if there is substantial or permanent loss or impairment of a bodily function, substantial disfigurement or death. These changes went into effect with the Governor signed the bill into law and impact causes of action that occur on or after that date.
    [4/17: 37-12 (Bisignano, Bolkcom, Boulton, Dotzler, Dvorsky, Hogg, Jochum, D. Johnson, Mathis, Petersen, Quirmbach, Taylor voting “no”; McCoy absent)]

     

    SF 466 addresses Iowa’s Jury Management System and governance of Iowa’s shorthand reporters. The bill:

    • Modernizes Iowa’s Jury Management System by eliminating the drawing of juror lists by a jury commission; clarifies the role and responsibilities of local jury managers; requires the master jury list to be updated electronically each year; and specifies that non-operator identification lists will be used in compiling the master jury list.
    • Requires the Iowa Supreme Court to supervise the Board of Examiners of Shorthand Reporters and have authority to review and modify any Board action. The Supreme Court may establish rules for supervision of the Board. If a shorthand reporter’s certification is placed in exempt status, the reporter may transcribe and certify a proceeding that was reported while the reporter was in active status, and the reporter will be subject to the jurisdiction of the Board if circumstances require.
      [3/16: 48-0 (Bertrand, Zumbach absent)]

     

    SF 467 prohibits receipt of life insurance proceeds by a person who commits a violent felony against the insured, but the felony does not cause death. A beneficiary convicted of felonious assault, felonious sex abuse, attempted murder or kidnapping, or human trafficking against the insured within the six months prior to the death of the insured is not entitled to the proceeds. The felony does not need to be related to the death. The insured may affirm in a notarized writing that the beneficiary should receive benefits under the life insurance policy despite the felony conviction.
    [4/19: 50-0]

     

    HF 52 adds county bailiffs to the list of professions in the Code section relating to interference with official acts. If a person knowingly resists or obstructs a bailiff in the performance of their duties, they can be charged with interference with official acts. Previously, this applied only to peace officers, jailers, emergency medical providers and firefighters.
    [4/3: 49-0 (Bertrand absent)]

     

    HF 69 amends penalties for simple trespass. It will continue to be a simple misdemeanor but will be punishable as a scheduled violation: a fine of $200 for a first offense, $500 for a second offense and $1000 for a third or subsequent violation. These penalties also apply to those who trespass while hunting deer other than farm deer or preserve whitetail. A peace officer may arrest an individual who has trespassed and has already received a citation, but refuses to leave the property or immediately returns to the property. A property owner can post a no trespassing notice at the entrance to the property or the forbidden part of the property.

    [4/19: 49-1 (McCoy voting “no”)]

     

    HF 133 prevents a person from acting as both a guardian ad litem and a child’s attorney. An attorney’s job is to advocate for the child’s wishes, while a guardian ad litem advocates for the child’s best interests. The bill details and expands the duties of the children’s attorneys and guardians ad litem, and clarifies that lawyers should not testify as witnesses or reporters in family law cases.
    [4/3: 49-0 (Bertrand absent)]

     

    HF 134 prohibits a city from limiting the occupancy of residential rental property based upon familial or non-familial relationships among occupants.
    [4/11: 43-6 (Bolkcom, Hogg, Mathis, Dvorsky, Kinney, Quirmbach “no”; Allen absent)]

     

    HF 146 – Notice requirements for a forcible entry and detainer will be deemed satisfied if the defendant or the defendant’s attorney appear at the hearing. However, if the hearing is held fewer than three days after service of the original notice or if the notice is deemed satisfied, the court must inform the defendant or their right to a continuance and will grant a continuance if the defendant wants one to prepare for the hearing or to retain an attorney.
    [4/5: 50-0]

     

    HF 183 expands the categories of those who could be served with a petition for protective services relating to a dependent adult. Previously, Iowa law set out an order of priority for those to be served. Once the Department of Human Services has served a person in one of the categories, it is not required to serve anyone else in the other categories. The bill adds a dependent adult’s spouse (only if they are not legally separated), the dependent adult’s parents and the dependent adult’s grandparents.
    [4/3: 49-0 (Bertrand absent)]

     

    HF 184 conforms the information required in a petition to commence a probate proceeding involving a small estate to that required for a large estate (more than $100,000). The bill removes the requirement that the name and relationship of each beneficiary in a testate estate (there is a will) or known heirs in an intestate estate (no will) be included in a petition to probate a small estate.
    [4/13: 49-0 (Bertrand absent)]

     

    HF 195 updates the Probate Code to allow electronic notices. Any person interested in receiving notices regarding a probate proceeding must provide an e-mail address so that notices can be sent electronically. Previously, the Code required notice to be sent by ordinary mail.
    [[4/13: 49-0 (Bertrand absent)]

     

    HF 253 modifies Code Chapter 600B relating to paternity and obligation for support when parents are not married. The modifications are intended to provide consistency between Chapter 600B and Chapter 598, which deals with custody actions between married parents. The bill provides that any party found in contempt for failing to pay child support under Chapter 600B can be ordered to pay attorney’s fees of the complaining party.  In addition, the bill requires unmarried parents involved in custody actions to complete a court-approved Children in the Middle course.
    [4/10: 48-0 (Allen, Taylor absent)]

     

    HF 263 relates to domestic abuse. The bill:

    • Requires the court to set a mandatory minimum sentence for a third or subsequent domestic abuse assault between one-fifth and the maximum sentence. A third or subsequent domestic abuse assault is a Class “D” felony with a sentence of up to five years, so the court must establish a mandatory minimum of at least one year and up to five years.
    • Expands the definition of stalking.
    • Establishes the crime of unauthorized placement of a GPS device.
    • Reduces earned time for a person sentenced to prison for a third or subsequent domestic abuse assault.
    • Prohibits the accumulation of earned time until an offender participates and completes domestic abuse programming.
    • Requires the Board of Parole in conjunction with the Department of Corrections to develop a domestic abuse risk assessment tool.
    • Authorizes electronic monitoring for those convicted of domestic abuse a third time when placed on parole or work release.
    • Prohibits a deferred judgement, a deferred sentence or a suspended sentence for those convicted of domestic abuse a third time.
      [4/10: 48-0 (Allen, Taylor absent)]

     

    HF 296 relates primarily to imitation controlled substances. Key provisions include:

    • A temporarily designated (by the Board of Pharmacy) controlled substance will remain as such for two years. If the Legislature does not act to make it permanent within that time, the temporary designation is repealed.
    • All imitation controlled substances are placed on the controlled substances schedules, thus making the penalties for possession, manufacture, distribution, etc. comparable to the penalties for controlled substances.
    • Placing synthetic opioids on the list of Schedule I controlled substances.

     

    Division I: Temporary designations of controlled substances

    Previously, if the federal government designated a new controlled substance, the Board of Pharmacy would similarly designate it a controlled substance, unless the Board objected. The designation by the Board was considered a temporary designation. For permanent designation as controlled substances, the Legislature had to designate them as such within the first 60 days of the next session. If the Legislature did not act, the temporary designation was nullified.

    This bill changes the time required for the Legislature to act to make the designations permanent. The temporary designation as a controlled substance by the Board of Pharmacy will remain in effect for two years from the time the temporary designation went into effect. If the Legislature does not act in that time, the temporary designation is repealed.

     

    Division II: Imitation Controlled Substances

    Previously, an imitation controlled substance is “not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance.” Imitation controlled substances were covered in Code Chapter 124A and the unlawful manufacture, possession, distribution of an imitation controlled substance was an aggravated misdemeanor. If an adult delivers an imitation controlled substance to a minor who is at least three years younger than the adult, the penalty is a “D” felony.

    Chapter 124A is repealed. Imitation controlled substances are now covered in Chapter 124 (scheduling of controlled substances). The definition of imitation controlled substance does not change.

    • The Board of Pharmacy may designate an imitation controlled substance pursuant to rulemaking authority.
    • A substance does not have to have been designated by the Board to be considered an imitation controlled substance. Factors that help determine an imitation controlled substance include:
      • Person in control indicates the substance has the effect of a controlled substance
      • Person in control indicates the substance can be sold or delivered as a controlled substance or as a substitute.
      • Person in control receives consideration for delivery of the substance.

     

    Division III: Penalties for manufacture, delivery or possession with the intent to manufacture or deliver

    More than 10 kilograms of an imitation controlled substance “Super B” felony Up to 50 years and fine up to $1 million
    5 to 10 kilograms of an imitation controlled substance “B” felony Up to 25 years and a fine of $5000 to $100,000
    5 kilograms or less “C” felony Up to 10 years and a fine of $1000 to $50,000.

    Note: 1 kilogram equals 2.2 pounds

     

    Division IV: Additional Controlled Substances – Adds a group of synthetic opioids to the list of Schedule I controlled substances.

    The bill eliminates the requirement for an electronic signature for prescriptions for drugs that are not controlled substances if transmitted by an authorized agent, and strikes the 10-year mandatory minimum for a “B” felony conviction for selling and distributing Schedule I and II controlled substances near a school, park and other public places.
    [4/19: 48-2 (Bolkcom, Taylor “no”)]

     

    HF 371 allows a judge to assess reasonable attorney fees against defendants in quiet title actions. It also increases the fee provided to a party holding an apparent adverse interest in property when the party holding the adverse interest executes a quitclaim deed. The party requesting the quitclaim deed must make the request in writing and provide a draft of the quitclaim deed to the adverse party.
    [4/13:  49-0 (Bertrand absent)]

     

    HF 488 is the non-substantive Code Editor’s bill, which is submitted each year to make Code changes that generally exceed the Code Editor’s authority to make editorially but are considered to be non-substantive and non-controversial.
    [3/23: 47-0 (Anderson, Bertrand, Shipley absent)]

     

    HF 517 makes changes to Iowa’s firearms laws.

    Division I – Offensive Weapons: Sections 1 and 2 – Legalizes possession of short-barreled rifles and short-barreled shotguns as defined by federal law, if the person is in compliance with federal law. A violation is a “D” felony.

    Division II – Carrying and Possession of Weapons

    • Section 3 – Removes redundant language.
    • Section 4 – Going armed with intent” – “Intent cannot be inferred from mere carrying or concealment of any dangerous weapon, including carrying a loaded firearm in a vehicle or about a person’s body.”
    • Section 5 – Allows private investigators and private security officers to carry firearms on school grounds while performing their job if they have a permit to carry.
    • Section 6 – Makes it a serious misdemeanor to possess a dangerous weapon while intoxicated (previously an aggravated misdemeanor). Conviction of an aggravated misdemeanor involving a firearm prohibits a person from possessing a firearm under Iowa law. It will not be a crime to possess a dangerous weapon on your own property while intoxicated. Also, it will not be a crime to temporarily possess a dangerous weapon while intoxicated to use the weapon in self-defense or defense of another.
    • Section 7 – If carrying a revolver, pistol or pocket billy concealed, a person must have their permit to carry with them. A violation is a simple misdemeanor. However, if the person presents evidence to the clerk of court of a permit to carry that was valid at the time of the offense, the charge is dismissed. The person still pays court costs.

    Division III- Permit to Carry Weapons and Firearm Safety Training

    • Section 8 – Changes “firearms training program” to “firearm safety training.”
    • Sections 9 & 10 – A person only needs to show evidence of training one time within 24 months prior to applying for an initial permit to carry and must demonstrate knowledge of firearm safety through any of the following:
    • Handgun safety training course available to the public offered through a law enforcement agency, community college, college, private or public institution or organization, or a firearms training school, using instructors certified by the NRA or DPS or other state’s police department.
    • Any handgun safety training course for security guards, investigators, special deputies, etc. approved by the Department of Public Safety.
    • Completion of small arms training while in the military at any time prior to the application.
    • Completion of law enforcement agency training course that qualifies a peace officer to carry a firearm.
    • Completion of hunter safety course that covers handgun safety training approved by the Natural Resource Commission.
      • No training is required for renewal of permits issued after December 31, 2010.
      • Training may be conducted over the Internet if verified by the instructor or provider of the course.
      • If an applicant’s permit expires, firearms safety training is not be required for renewal.
      • Renewals of permits may be made 30 days before or 30 days after expiration. The cost for an initial permit is $50; renewal is $25. The Department of Public Safety gets a portion of the fees to implement the law.
    • Section 11 – Permits will be uniform throughout the state as implemented by the Department of Public Safety.
    • Section 12 – The loser pays the cost of an appeal of permit denial. If the applicant withdraws his appeal, he must pay the sheriff’s costs. Previous law required the sheriff to pay for all appeals.
    • The Department of Public Safety will promulgate rules to ensure permits issued in one county are transferable if the permit holder moves to another county.

    Division IV – Permit to Acquire Pistols or Revolvers: Sections 13 through 22 – Permits to acquire are valid for five years and will have a uniform appearance as prescribed by the Department of Public Safety. Sheriffs may conduct annual criminal history checks of those who have permits to acquire. The sheriffs set the fees for permits to acquire.

    Division V – Possession of Pistols or Revolvers by Persons Under 21: Sections 23 and 24 – Parents, guardians and spouses who are 21 or older may allow their child or spouse who is under 21 to possess a pistol, revolver or ammunition under direct supervision, which means maintaining a physical presence conducive to hands-on instruction, and visual and verbal contact. It is child endangerment to be intoxicated while supervising or instructing a person under 21 handling of a pistol or revolver. If a parent or guardian allows a minor to possess a pistol or revolver, they are liable for damages.

    Division VI- Confidentiality of Permit Holder Information: Section 25 – All permits to carry and permits to acquire will be confidential except for:

    • Statistical purposes, if no identifying information of permit holders is revealed
    • Release of information to law enforcement when necessary to perform any lawfully authorized duty
    • Employers who require an employee to carry a professional permit
    • Court order requires or the permit holder has consented to the release

    Division VII – State Preemption : Section 26 – If any city, county or township adopts an ordinance, rule, policy, etc. regulating firearms when the ownership, possession, transfer, transportation, etc. is otherwise lawful under state law, a person adversely affected may file suit for injunctive relief.

    Division VIII – Pistols or Revolvers in the Capitol Building and on the Capitol Grounds: Section 27 – Those with permits to carry may carry pistols and revolvers concealed in the Capitol and on its grounds upon showing a valid permit to carry. DAS may write rules prohibiting carrying weapons in other Capitol Complex buildings.

    Division IX – Emergency Powers

    • Section 28. In a declaration of a state of public disorder, the Governor may no longer prohibit the possession of firearms or other deadly weapons.
    • Section 29. In a disaster emergency, the Governor may no longer suspend or limit the sale, dispensing or transportation of firearms. The Governor does have such authority regarding alcohol, explosives and combustibles.
    • Section 30. Specifies that Chapter 29C does not authorize the Governor to prohibit, regulate or curtail possession, carrying, transportation or defensive use of firearms or ammunition, or to suspend or revoke carry permits, or to seize or confiscate firearms or ammunition during a declared emergency. The Governor may authorize the transfer of firearms and ammunition only. Emergency powers applied to firearms dealers are permissible if such restrictions are applied to all businesses in an affected area.

    Division X – Use of Force and Deadly Force:

    • Section 31. A person may be wrong in their estimation of danger or the force necessary to repel danger, as long as there is a reasonable basis for the belief, and the person acts reasonably in response to that belief.
    • Section 32. Deadly force does not include a threat to cause serious injury or death, by the production, display or brandishing of a deadly weapon, as long as the actions of the person are limited to creating an expectation that the person may use deadly force.
    • Section 33. Establishes a presumption that deadly force is necessary if a person unlawfully enters a dwelling, place of business or employment, or occupied vehicle, or unlawfully attempts to remove another person from a dwelling, place of business or employment, or occupied vehicle. Establishes exceptions to presumption.
    • Section 34. Use of reasonable force is permissible to defend oneself from actual or imminent use of force.
    • Section 35. A person who reasonably believes (instead of “knows”) that a forcible felony is being perpetrated may use reasonable force to prevent it.
    • Section 36. A person justified in using reasonable force against an aggressor in defense on oneself, another person or property is immune from criminal or civil liability.
    • Section 37. Civil liability immunity extends not only to a person who causes injury, but also to a person who causes the death of an aggressor through reasonable force.
    • If a person uses deadly force, they must notify law enforcement. The person using deadly force must not tamper with any physical evidence at the scene.

    Division XI – Fraudulent Purchase of Firearms or Ammunition (Straw Purchases): Section 38 – It is a “D” felony to knowingly induce a firearms dealer or private seller to transfer a firearm or ammunition in violation of state or federal law, or to provide false information to a dealer or seller with the intent to deceive regarding the legality of the transfer of a firearm or ammunition.

    Division XII – Snowmobiles and All-Terrain Vehicles: Sections 39 and 40 – Allows the open carry of loaded pistols and revolvers by those on snowmobiles or all-terrain vehicles on another’s property, if the person is otherwise complying with the law. Previous law required firearms to be secured in a retention holster when on snowmobiles or all-terrain vehicles on another’s property.

    Division XIII – Target Shooting: Section 41 – A person who owns or rents private premises in an unincorporated area may discharge a firearm for target shooting on the premises. This is not a violation of a noise ordinance or a public or private nuisance or otherwise prohibited by state or local law. Target shooting is discharging a firearm at an inanimate object for amusement or a test of skill (481A.123 (1) prohibits shooting within 200 yards of another home).

    Division XIV – Effective Date and Applicability Provisions: The sections addressing underage possession of firearms and pistols and confidentiality of permits are effective upon enactment. Confidentiality of permits applies to all holders of permits to carry and acquire and to applicants for nonprofessional permits to carry and acquire.
    [4/4: 33-17 (Bisignano, Bolkcom, Boulton, Danielson, Dotzler, Dvorsky, Hart, Hogg, Jochum, D. Johnson, Kinney, Lykam, Mathis, McCoy, Petersen, Quirmbach, Ragan “no”)]

     

    HF 523 gives the state medical examiner, county medical examiners and their investigators access to the Drug Prescribing and Dispensing Information Program when the information relates to an investigation.
    [4/13: 49-0 (Bertrand absent)]

     

    HF 526 creates a new form of criminal harassment for “revenge porn,” though the term is misleading because dissemination is not always done for revenge. A better term might be “nonconsensual pornography.” It is illegal to disseminate pictures of another person nude, partially nude or engaged in a sex act without their consent. An offense is harassment in the first degree, an aggravated misdemeanor. The bill sets out exceptions.

    The bill also amends language in the “invasion of privacy” criminal code section to ensure companies (e.g., Google, Facebook) cannot be charged with harassment under the new law. The bill also prohibits juveniles adjudicated delinquent for a violation from being placed on the sex offender registry.
    [4/11: 48-1 (Taylor “no”; Allen absent)]

  • Human Resources Committee –All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 51—Cytomegalovirus (CMV) awareness and screening
    SF 250—Breast density notifications
    SF 419—Nurse Licensure Compact
    SF 471—Prohibits abortions after 20 weeks with limited exceptions
    SF 479—Dental hygienists perform educational activities without supervision of dentist
    SF 484—Board of Pharmacy Omnibus bill
    HF 232—Death pronouncements by nurses and physician assistants
    HF 233—Step therapy protocol process and exceptions
    HF 234—Mental Health Advocate reporting
    HF 305—Allows dispensing of biological and biosimilar products
    HF 306—Certified nursing assistant on-line training
    HF 393—Iowa Department of Public Health Omnibus bill
    HF 396—Defines relative foster care
    HF 524–Medical Cannabidiol
    HF 531—Requires DHS to report on asset verification system
    HF 534—Exceptions from child care facility licensing requirements
    HF 543—Changes to drug endangered child definition
    HF 544—Expands definition of dependent adult abuse to include personal degradation
    HF 545—Aligns state law to federal law regarding child fatalities and near-fatalities
    HF 547—Background checks for employees or vendors if they have access to confidential information
    HF 548—Promotes stroke care quality improvement
    HF 576—Background checks for health care temporary staffing
    HF 577—Alternative treatments for Lyme disease
    HF 591—Physician Assistant Board reporting to Board of Medicine
    HF 593—Mental Health professionals decision making re: hospitalization, committals

     

    SF 51 creates a new initiative within the Center for Congenital & Inherited Disorders to raise awareness of Cytomegalovirus (CMV) and congenital Cytomegalovirus (cCMV) among women who may become pregnant, expectant parents, parents of infants, attending health care providers and others. The Center will publish information to be distributed to health care providers, who would provide it to pregnant women and child care providers. If a child fails the newborn hearing screening, the child will be tested for CMV or cCMV within 21 days, and the parents will be provided information regarding the birth defects caused by CMV.
    [3/22: 49-0 (Shipley excused)]

     

    SF 250 requires the Department of Public Health to adopt rules requiring that facilities performing mammograms include information on breast tissue density in reports sent to all mammogram patients. For patients with dense breasts, or an equivalent determination by a nationally recognized density graduation system, the report must include information on dense breast tissue, risks associated with dense breast tissue, and the effects of dense breast tissue on screening mammograms.
    [3/14: 49-0 (Horn excused)]

     

    SF 419 is the Nurse Licensure Compact. It is an interstate compact that allows a nurse to have one multistate license and practice in other member states both physically and electronically. This increases access to care while maintaining public protection. These 10 states have adopted the compact so far: Arizona, Florida, Idaho, Missouri, New Hampshire, Oklahoma, South Dakota, Tennessee, Virginia and Wyoming.
    [3/27: 49-0 (Bertrand excused)]

     

    SF 471 adds new prerequisites to all abortions, including a 72-hour waiting period, mandatory ultrasound viewing and biased counseling. It bans all abortions after 20 weeks post-fertilization, except in narrow circumstances where the life of the mother is in danger. New reporting requirements are included for physicians and the Iowa Department of Public Health. The bill also includes civil penalties for doctors.
    [4/18: 30-20 (party-line, D. Johnson “yes” with Republicans)]

     

    SF 479 allows dental hygienists to perform certain educational functions without supervision by a dentist, including teaching the importance of dental care at schools and nursing homes.
    [3/13: 49-0 (Bertrand excused)]

     

    SF 484 is a Board of Pharmacy policy bill that allows creation of a pool of alternate board members; amends the definition of practitioner; makes changes to the program to aid impaired pharmacists, interns or techs; amends the pharmaceutical collection and disposal program; and repeals all provisions regarding the registration and regulation of Internet pharmacy sites because the language is outdated and not needed.
    [3/16: 48-0 (Bertrand, Zumbach excused)]

     

    HF 232 allows nurses and physician assistants to sign off on pronouncements of death in correctional facilities.
    [4/10: 48-0 (Allen, Taylor excused)]

     

    HF 233 relates to the use of step therapy protocols for prescription drugs by health insurance carriers, health benefit plans and utilization review organizations. The legislation defines “step therapy protocol” and provides that when such a protocol is in use, the participating individual or the prescribing health care professional must have a clear and readily accessible “step therapy override exception” process, which authorizes the expedited coverage of a prescription drug selected by the prescribing health care professional, based on the review of the exception request along with supporting rationale and documentation. Additionally, HF 233 updates the definition of “health carrier” to exclude the three major Managed Care Organizations (MCOs) that currently contract with the State of Iowa to provide Medicaid-related services.
    [4/10: 47-0 (Allen, D. Johnson, Kapucian excused)]

     

    HF 234 ends the requirement that county mental health advocates file quarterly reports. Advocates will file reports when necessary or when required by the Court.
    [4/10: 48-0 (Allen, Taylor excused)]

     

    HF 305 updates current law to enable biological substitution. Current state law does not provide a clear path for pharmacists to substitute biological drug products. There are two kinds of drugs: chemical and biologic. The biological products differ from traditional generics. Biosimilars are not identical; they are just similar. Biologic medicines are used to treat serious and chronic diseases, including cancer and multiple sclerosis. This bill allows the pharmacist to substitute an FDA-approved interchangeable biosimilar for a prescribed originator biologic without first seeking approval from the physician. It also requires the pharmacist to communicate to the physician that the biosimilar product was dispensed. This may provide increased access to lower-cost drugs.
    [3/1: 50-0]

     

    HF 306 directs the Department of Human Services to adopt rules that will allow the Department of Inspections & Appeals to certify curriculums for nurse aid training and testing programs that may be delivered online, including a definition of clock hours and how veterans can satisfy requirements through their military experience.
    [4/4: 50-0]

     

    HF 393 is the Iowa Department of Public Health (IDPH) policy bill. It makes a number of changes to programs and activities within the department, including:

    • Permits IDPH to use the Sunday Sales revenues transferred from the Alcoholic Beverage Division in the Department of Commerce, used for addictive disorder prevention efforts in communities, to also be spent for other best practices in substance use disorder prevention. Currently, unspent funds by communities revert to the General Fund, but this new language provides additional uses if the funding is available.
    • Makes the gambling treatment program operations report filed with the Legislature an annual, rather than semiannual, report.
    • Revises provisions relating to the Medical Home and Patient-Centered Health Advisory Council to conform to current activities and roles.
    • Updates Iowa Code language related to various workforce programs in IDPH.
    • Repeals defunct and unfunded programs and councils.
    • Makes a technical correction to facilitate the transition of the Iowa Health Information Network (IHIN) out of State government.
    • Repeals and removes references to Organized Delivery Systems.
    • Prohibits IDPH from collecting social security numbers of individuals through the inpatient/outpatient database operated by the Iowa Hospital Association.
    • Requires that the State Registrar replace certified copies of birth certificates issued between May 1993 and October 2009 that were smaller than letter size and waives the fee for certified copies for replacement.
      [4/11: 49-0 (Allen excused)]

     

    HF 396 defines foster care. It does NOT include situations where parents have asked relatives to care for their children for a time.
    [4/11: 49-0 (Allen excused)]

     

    HF 524 creates the Medical Cannabidiol Act; expands the disease list for Iowans to have CBD oil or pills; defines cannabidiol as having no more than 3 percent THC; allows acceptance of RFPs for five dispensaries and two manufacturers; and creates a Medical Cannabidiol Advisory Board to recommend changes to the program. Changes to the level of THC must be made by the Legislature. Smoking is prohibited. It also allows Iowa to immediately reschedule epidiolex if it is rescheduled federally.

    It covers these  conditions:

    1. Cancer, if the underlying condition or treatment produces one or more of these symptoms:
    1. Severe or chronic pain.
    2. Nausea or severe vomiting.

    iii. Cachexia or severe wasting.

    1. Multiple sclerosis with severe and persistent muscle spasms
    2. Seizures, including those characteristic of epilepsy
    3. AIDS or HIV
    4. Crohn’s disease
    5. Amyotrophic lateral sclerosis (ALS)
    6. Parkinson’s disease
    7. Untreatable pain
    8. Any terminal illness with a probable life expectancy of under one year, if that illness or its treatment produces one or more of the following:
      1. Severe or chronic pain
      2. Nausea or severe vomiting
      3. Cachexia or severe wasting
        [4/21: 33-7 (Bolkcom, Boulton, Costello, Garrett, Hogg, McCoy, Petersen “no”; Allen, Bertrand, Bisignano, Dawson, Hart, D. Johnson, Kinney, Lykam, Mathis, Taylor excused)]

     

    HF 531 requires the Department of Human Services to report by December 15 on progress toward contracting with a third-party vendor to establish an electronic asset verification system to determine eligibility for public assistance.
    [3/23: 47-0 (Anderson, Bertrand, Shipley excused)]

     

    HF 534 excludes child care programs administered by school districts from Department of Human Services licensing.
    [4/10: 48-0 (Allen, Taylor excused)]

     

    HF 543 represents the recommendations of the 2016 Drug Endangered Children Task Force. The Department of Human Services has already made the practice changes. The bill amends the definitions of “child in need of assistance” and “child abuse” to include additional adults in the home who use, possess, cultivate or distribute a dangerous substance. It adds cocaine, heroin and opioids to the list of dangerous substances.
    [4/10: 48-0 (Allen, Taylor excused)]

     

    HF 544 is a bill from the Department of Inspections & Appeals. The Department became aware of a gap in their definition of dependent adult abuse. This adds personal degradation to that definition. Personal degradation is an act that is humiliating to another person.
    [3/21: 49-0 (Shipley excused)]

     

    HF 545 relates to the Department of Human Services release of information policies and makes clarifications to fatalities and near fatalities. The bill aligns state and federal law.
    [4/10: 48-0 (Allen, Taylor excused)]

     

    HF 547 allows the Department of Human Services to conduct background investigations on these individuals accessing Federal Tax Information: an applicant for employment with the Department; or a contractor, vendor or employee performing work for the Department with access to FTI. This is required by the Internal Revenue Service.
    [4/3: 49-0 (Bertrand excused)] HF 548 requires certified comprehensive stroke centers and nationally certified primary stroke centers in Iowa to report to the statewide stroke database consistent with nationally recognized guidelines on the treatment of individuals who have suffered a stroke. If a facility does not comply with this requirement, the Department of Public Health (IDPH) may request a review of the facility’s national certification. The IDPH must work with the University of Iowa College of Public Health to maintain and use the statewide stroke database, use the “Get With The Guidelines” stroke data platform, partner with voluntary health organizations to avoid duplicating efforts, and encourage nationally certified acute stroke-ready hospitals and emergency medical services agencies to report data consistent with formats to the statewide database.
    [03/23: 47-0 (Anderson, Bertrand, Shipley excused)]

     

    HF 576 requires that temporary staffing agencies conduct background checks on employees for nursing homes, assisted living centers, etc., instead of the nursing homes covering the costs of the checks.
    [4/6: 49-0 (Bertrand absent)]

     

    HF 577 exempts a doctor from disciplinary action by the Board of Medicine if the doctor recommendation or provision of treatment for Lyme disease or other tick-borne diseases involves a recommendation outside of the current standard of care; and criteria is met around informed consent, reasons for recommending treatment, and a review of current clinical conditions and criteria; and the treatment will not result in the direct and proximate death or serious bodily injury of the patient.
    [3/21: 49-0 (Shipley excused)]

     

    HF 591 makes the following changes to the Board of Medicine (BOM) and Board of Physician Assistants (PA Board):  Requires the PA Board to notify a supervising physician if the PA Board commences a contested case hearing against a PA; requires the PA Board to adopt rules for consulting and sharing information with the BOM regarding complaints that a PA may have been inadequately supervised; creates a list of rules that the PA Board cannot amend or rescind without first submitting the amendment to the BOM and receiving approval to proceed.
    [4/4: 50-0]

     

    HF 593 allows mental health professionals (in addition to physicians) to perform examinations, treat and prescribe treatment or medications, and submit reports to the court in accordance with certain hospitalizations and committals for patients with a substance-abuse disorder or serious mental illness. This bill is based on recommendations from a diverse group of stakeholders.
    [3/29: 49-0 (Bisignano excused)]

  • Government Oversight Committee – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 499 – Monitoring devices in public places
    HF 601 – Confidentiality of cyber-security information

    SF 499 prohibits the state or a political subdivision, including a public library, public school or other government office open to the public, from using a monitoring device in a toilet, bath or shower facility, locker room or other space where a person has a reasonable expectation of privacy. The bill defines “monitoring device” as a digital video and audio streaming or recording device. The bill nullifies any local ordinance, rule or other measure that permits using such monitoring devices. This bill is in response to an American Civil Liberties Union complaint against the Iowa City Public Library over privacy concerns with security cameras. In 2013, the ACLU of Iowa obtained recordings from the common areas of men’s and women’s restrooms via a public records request. The footage showed patrons changing their clothes. The epilepsy ward at the University of Iowa may keep cameras/monitoring equipment in their bathroom for safety reasons.
    [4/11: 49-0 (Allen excused)]

     

    HF 601 provides for the confidentiality of certain cyber-security and infrastructure information developed and maintained by the government. The bill is at the request of municipal utilities, who thought the provisions were already covered under current law. The Governor has signed a bill regarding protection of cyber-security information for the Iowa Utilities Board. This bill mirrors that language.
    [4/5: 50-0]

  • Education – All-Bill Summary 2017

    The following bills were passed by the Legislature and signed into law by the Governor.

    SF 166 – FY18 regular school aid
    SF 238 – Definition of a school employee
    SF 240 – Statewide assessments
    SF 274 – Computer science standards
    HF 217 – Reporting requirements
    HF 472 – Financial aid for teachers
    HF 473 – Expands high school equivalency
    HF 564 – Flexibility in use of school funding
    HF 565 – School flexibility accounts
    HF 573 – Home Rule for school governance

    SF 166 sets the FY18 regular school aid/state supplemental aid/allowable growth and the FY18 categorical allowable growth for schools at 1.11 percent. It establishes a total cost per pupil of $6,664, an increase of $73. The 1.11 percent increase for FY18 will cost the state $3.199 billion, an increase of $108.9 million over FY17.

    The FY18 allowable growth rate for each of the State Categorical Supplements (Teacher Leadership & Compensation, Teacher Salary Supplement, Professional Development and Early Intervention) totals $520.53 million, an increase of $59.68 million over FY17. Funding includes:

    • Teacher Salary Supplement at $295.14 million, an increase of $4.78 million.
    • Professional Development Supplement at $33.5 million, an increase of $0.54 million.
    • Early Intervention Supplement (class size) at $34.5 million, an increase of $ .56 million.
    • Teacher Leadership & Compensation at $157.4 million, an increase of $53.99 million. This is the last year of a three-year phase-in to the school finance formula.

    The Legislature decides if it will pay for the increment increase in property taxes associated with an increase in the percentage growth for schools. The total funding for this effort is $46.7 million, an increase of $5.3 million over last year ($83 dollars per student for FY18).

    Two major policy updates include:

    • Changing the timeframe under which the Legislature will set basic school funding. Previously, the Legislature had to act within 30 days of the Governor’s proposal in the year before the base year of the Governor’s budget. This requirement is now moved to February 1 prior to the start of the school year. Local schools will no longer get 18 months’ notice to prepare their budgets.
    • Removing the single-subject requirement for school funding legislation. This decreases the importance of the single subject and potentially allows one priority to be traded for another in legislative deal-making.
      [2/2: 29-21, party-line (D. Johnson voting “no” with Democrats)]

     

    SF 238 expands the definition of “school employee” for the criminal offense of sexual exploitation by a school employee to include a person who holds a license, certificate, authorization or statement of recognition by the Board of Educational Examiners. Criminal penalties apply only to an employee who has direct supervisory authority over a student. Penalties do not apply if the employee has a relationship with a student unless the employee is licensed, certified or authorized by the Board of Educational Examiners. The new law ensures all school employees, regardless of licensure status, are subject to the same standard for sexual exploitation of a student.
    [3/7: 49-0 (Bisignano excused)]

     

    SF 240 strikes the State Board of Education’s decision to move forward with Smarter Balance, a statewide assessment that is aligned to the Iowa Core. Previous law required the State Board of Education to set core academic indicators in math and reading for grades four, eight and 11, and for science in grades eight and 11. It is no longer required that all students enrolled in grades three through 11 take an assessment of their progress on the core academic indicators.

    The new law requires the Department of Education to issue a new request for proposals for the selection of a statewide assessment of student progress to be administered in the school year beginning July 1, 2018. The assessment must measure individual student growth and be aligned to the Iowa Core for grades three through eight, and at least one high school grade. The assessment must be capable of measuring student performance in English language arts, math and science. The assessment must be available in paper-and-pencil and computer-based formats. Potential vendors or providers may collaborate to meet the requirements. The State Board of Education can accept the best proposal and write rules to implement the proposal without further legislative approval.

    The new law makes a significant change to accredited private schools and assessments. Previously, all accredited private schools had to develop and file with the Department of Education a comprehensive school improvement plan that included assessing educational needs and establishing local education standards and student achievement levels. Accredited private schools were required to give the same annual statewide assessment as public schools. Now, all accredited private schools are exempt from the statewide annual testing requirement.
    [4/10: 39-9 (Bisignano, Danielson, Dotzler, Hart, Hogg, Jochum, D. Johnson, Mathis, Petersen “no”; Allen, Taylor excused)

     

    SF 274 requires the Department of Education (DE) to establish computer science standards for elementary, middle and high school grades. The Board of Educational Examiners must establish an endorsement in computer science for teachers and create a Computer Science Professional Development Incentive Fund, from which school districts and teachers may be reimbursed for professional development. A computer science work group will identify and recommend computer science-related guidelines and potential policies for schools. The work group must submit a report to the Governor, the DE and the Legislature by November 1.
    [3/7: 49-0 (Bisignano excused)]

     

    HF 217 adds to the list of reporting requirements that school boards, AEAs and superintendents must make to the Board of Education Examiners. Under the new law, these individuals must report all licensed, authorized or certified employees if disciplinary action is taken for being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using or consuming illegals drugs, unauthorized drugs or alcohol.
    [3/7: 49-0 (Bisignano excused)]

     

    HF 472 clarifies that it is the Legislature’s intent to prevent someone from receiving assistance from the Teach Iowa Scholar Program and the Teacher Shortage Loan Forgiveness Program at the same time. Eight teachers already receiving benefits from both programs are grandfathered in. Otherwise, the new law is effective immediately.
    [4/5: 50-0]

     

    HF 473 expands the ways in which Iowa can issue high school equivalency diplomas (HSED). The Iowa Department of Education issues a diploma when an applicant passes minimum standards in core areas of reading, language arts, literacy, math, science and social studies. Previously, an applicant had to submit an application to a testing center. Now, an applicant may go to a testing center or to a high school equivalency program. One of these pathways is required to show a student’s competence in core areas. The Department of Education must prescribe assessments and resources. This will allow the State Board of Education to expand how a student/applicant may show competence in an area, beyond taking a test. Other pathways will include a test battery, credit-based measures, and attainment of other academic credentials of equivalent or greater rigor.
    [4/10: 48-0 (Allen, Taylor excused)]

     

    HF 564 provides additional flexibility for carry forward ending balances in schools’ categorical funds. When new programs are created, certain guidelines are attached to the funding schools receive, dictating how they can spend the money. This law makes changes to a number of funds — including professional development funding, at-risk and dropout funding, preschool funding — by adding additional allowable expenses meant to help further the goals of the program. It also offers flexibility regarding rules and guidelines handed down from the Department of Education.
    [4/12: 49-0 (Bertrand excused)]

     

    HF 565 sets up a school district Flexibility Fund. Because of the parameters around certain program funding, some school districts are unable to fully use their resources and end up accumulating unused funds. More than 74 sources of funding had leftover money totaling more than $146 million in FY15 ($17.5 million more than FY14). The new law creates a “Flexibility Fund” to collect some of these dollars to be used in a broader fashion, while keeping with the intent of the original source of the funds. This will give districts more spending authority, help them access unused dollars, and provide more high-quality programming and a stronger educational environment overall.

    An allocation from the Flexibility Fund must be approved by the school board and must be included in the budget certified by local budget law (chapter 24). Before approving an allocation, the school board must hold a public hearing, including proper public notice of the original purpose of the funds, the proposed use of the funds, the amount of the proposed allocation and the fiscal year in which the transfer occurs.

    The Department of Education must engage in a manner that gives deference to the decisions of a school district and minimizes intrusion into their decision making, such as when they are carrying out agency action or decisions related to categorical funding. The Flexibility Fund will be an account under the General Fund for accounting purposes.
    [4/12: 49-0 (Bertrand excused)]

     

    HF 573 changes Iowa’s school governance from Dillon’s Rule to Home Rule. Iowa’s education system has operated under Dillon’s Rule, which grants powers to school districts that are expressly allowed by statute. It tells school districts what they can do. Judge Forest Dillon, the Chief Justice of the Iowa Supreme Court expounded this famous rule, which was quickly adopted by state supreme courts around the nation.

    Under “Home Rule,” school districts can adopt policies that they want, unless expressly forbidden by statute. County Home Rule was added to the Iowa Constitution in 1978 under Article III, amendment 39.

    A new code section directs school boards to have Home Rule for certain programs. Some say certain code sections are in conflict with other sections that require school boards to perform certain duties or functions to facilitate the education of Iowa’s PreK-12 students. Now that the bill is law, the courts may have to decide how to interpret its implementation. School districts must “operate, control and supervise schools” within their boundaries, and allow them to “exercise any implied power, not inconsistent with the laws and the administrative rules related to the operation, control and supervision of those public schools.” School Boards do not have power to levy taxes unless expressly authorized by the Legislature.

    There new law also:

    • Prohibits a school district from raising fees or taxes unless the Legislature expressly allows it.
    • Says a school district cannot enforce a policy that would interfere with local, state or federal law.
    • Prohibits a school district from overriding any power or authority of a city or county.
      [4/20: 34-16 (Allen, Bowman, Hart, Kinney voting “yes” with Republicans)]