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Iowa Legislative Report87th General Assembly, 2018 SessionIowa State Police AssociationWeek 13: April 2nd – April 6th, 2018Paula Feltner and Mike Heller, LobbyistsHopefully, the finish line for the 2018 Iowa Legislative session is coming into sight as the few bills still eligible for debate are either getting signed by the governor, being bounced between the two chambers, or have found a silent place to rest for the remainder of the session Now the legislative focus will turn to taxes and spending. The end of session always means the negotiation, debate, and passage of a state budget. This year is no different – taxes and spending go hand in hand.The final priorities will be hammering out the FY19 budget, tax reform package, and finishing negotiations on other bills that are a priority for the Senate, governor, and the House. Legislators have yet to release joint targets or introduce any of the budget bills for this year. The Senate approved SF 2383 SENATE TAX BILL and sent it to the House; the House has not moved it or the Governor Reynold’s proposals (HSB 671 GOVERNOR TAX BILL) out of committee yet. Per diems for legislators are scheduled to end on April 17; the Senate reduced the number of per diem days from 100 to 85 in SF 2117 but the House struck the per diem reduction in its amendment. We hope by this next week to have legislative spending targets, that amount the leadership decides will be spent for FY 2018. The next step will be to establish the amount that will be delegate to each subcommittee to spend. We will get those "targets" out as soon as we get them. Most of the subcommittees held relatively few meetings compared to past years, but it is likely that the bills will pass quickly and largely intact when the targets are released. There are distractions to the budget process. There is a special election next Tuesday to fill the senate seat vacated by the resignation of former Majority Leader/ Senator Bill Dix. The Republicans selected former State Representative Annette Sweeney (from Buckeye) as their nominee and the democrats selected Tracy Freese (from Dike). This has been a traditionally republican district. Complicating the adjournment process is the number of retirements – the association is losing three of the best advocates for the 411 system. House republicans number 12 and include Chip Baltimore of Boone, Cell Baudler(former trooper & chair of Public Safety Comm) of Greenfield, Kristi Hager of Waukon, Greg Heartsill of Melcher-Dallas, Dave Heaton of Mount Pleasant, Chuck Holz of Le Mars, Dawn Pettengill(chair of pension subcomm; consistent protector of 411) of Mount Auburn, Ken Rizor of Marion, Larry Sheets of Mouton, Rob Taylor of West Des Moines, Guy Vander Linden of Oskaloosa and Ralph Watts of Adel.Four democratic house members are not seeking reelection and they are from predominately democratic districts. They include Representatives Helen Miller of Ft. Dodge, Jerry Kearns of Keokuk, Abby Finkenauer of Dubuque and Todd Taylor of Cedar Rapids.In the Senate there are 5 retirements - three democrats (Wally Horn of Cedar Rapids, Matt McCoy of Des Moines and Bob Dvorsky of Coralville) and two republicans (Mark Chelgren of Ottawa and Rick Bertrand of Sioux City. The republican retirements are in swing districts while the democratic retirements are in districts traditionally held by democrats.A brief mention about a couple of issues you will see on the sheet: ?HSB 678 will significantly reduce the amount of the commercial and industrial property tax backfill to local governments. The commercial and industrial property tax replacement claims, or backfill, is part of the state’s agreement with cities and counties in 2013 when the state reduced property taxes for commercial and industrial property. Since 2013 it has been a standing, limited appropriation to reimburse local governments for the loss of revenue due to the reduction in taxable value for commercial and industrial property. HSB678 would reduce the $152 million standing appropriation to $100 million in FY 2019, to $75 million in FY 2020, to $50 million in FY 2021, and limit the appropriation to $25 million in FY 2022 and each year after.This proposal is troubling for a number of reasons. First, the taxable value of commercial and industrial property hasn’t even returned to the pre-SF 295 level so if the backfill is significantly reduced counties will be behind where they were five years ago. Second, this bill calls for reductions to the backfill that are far too rapid for most counties to absorb without significant property tax increases or reductions in services. Third, the reimbursement to counties and other local governments is cut by over one-third in FY 2019, the budgets for which were certified last month. This would force budget amendments to raise property taxes or cut back on services the citizens of Iowa depend on. Finally, and perhaps most important HSB678 abandons the partnership between the state and county governments by breaking a promise to reimburse local governments for lost commercial and industrial property tax revenue. The lack of full funding of the backfill will cause a property tax burden shift to homeowners and farmers, or a cut to important services that our shared constituents depend on, like police protectionAnother controversial bill passed this week in the House and Senate and awaits the Governor's signature is SF 481. This bill requires?Iowa law enforcement agencies to enforce federal immigration laws. It is the second time in nearly one year the Senate has passed this piece of legislation. Prior to adjourning in 2017, the Senate passed SF 481. This week, with some tweaks to the original bill, the House passed the bill. Over the course of the year, legislators have met with law enforcement and other Iowans to listen to the arguments in favor and against this legislation.?SF 481 requires an Iowa police or sheriff’s department having custody of a person subject to an immigration detainer request to fully comply with any instruction and legal document provided by a federal agency. It would also prohibit?a local entity from taking any action discouraging the enforcement of immigration laws, including adopting or enforcing a policy.?This bill has created a significant amount of press regarding the policies actually contained in the bill. This legislation?would affect illegal immigrants arrested for crimes, not including traffic stops. If someone has not committed a crime, this bill would not impact them. The provisions of the bill are:A "local entity" cannot "adopt or enforce a policy or?take any other action" that "prohibits or?discourages the enforcement of immigration laws."Local entities can't prohibit or discourage law enforcement officers or other employees from "assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance."Local entities can’t prohibit or discourage law enforcement or other officials from inquiring about the immigration status of a person who is under arrest, sharing that information with other authorities, or assisting federal immigration officers as reasonable or necessaryLocal entities and their employees can’t ask about the national origin of a person who is the victim of a crime, witness of a crime or is otherwise reporting a crime unless it’s pertinent to the investigation.Each state or local law enforcement agency subject to the new requirements must put in writing any unwritten or informal policies relating to the enforcement of immigration laws and update those policies to be in compliance with the new law.Those people who are enforcing the law "shall not consider race, skin color, language spoken, or national origin" while doing so.A local entity is allowed to apply for reinstatement of lost funding after 90 days.??SF 2169 was another controversial bill sent to the Governor this week. The bill, aimed at easing liability insurance costs for bars and restaurants,?previously passed the House, after a significant rewrite which significantly weakened provisions supported by bar and restaurant?owners. The Iowa Restaurant Association has led?a lobbying campaign for the legislation, saying so-called "dram shop" insurance is more costly for Iowa restaurants and bars?than in neighboring states. Their insurance costs are not dropping despite comprehensive training for servers to avoid serving intoxicated patrons and other?efforts made to keep impaired drivers off the roads, such as calling ride-hailing services for patrons?when necessary.The bill, as amended by the House,?says non-economic?damages awarded to a third party who is not the intoxicated person at fault?would be capped at $250,000 for any?injury or death. An exception could be made to the lawsuit limit if a jury?determines?there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement,?or death, and a?plaintiff would be deprived of?just compensation for injuries. The bill leaves economic damages uncapped.A previous version of the legislation?the Senate approved said damages awarded to an innocent third party would have been capped at $75,000 for claims involving injury to a person or property. The bill?would have set a limit of?$100,000 for claims involving loss of means of support or loss of services, companionship, society or consortium resulting from the death or injury of a person.The bill sent to Governor Reynolds?also?calls for state officials to conduct an evaluation every other year concerning?minimum coverage requirements of?so-called "dram shop"?liability insurance.?The evaluation must?include a comparison of other states’?minimum dram shop liability insurance coverage and any other?relevant issues.?Under current Iowa law,?a business selling alcoholic beverages can be liable to a person for all damages resulting from an?intoxicated person if the licensee or permittee sold or served the alcohol to the intoxicated person. This liability applies when the establishment knew or should have known the person was intoxicated, or?when the person was served alcohol to a point where the business knew or should have known the person would become drunk. This is an issue close to home for our Association for Des Moines Police officer Susan Farrell and Carlos Puente-Morales were killed in a crash with a "wrong-way drunk driver" in March 2016, along with an inmate being transferred. The drunk driver, who also died, had spent about six hours at one West Des Moines bar prior to the crash. We were happy with the house amendment that was placed by former trooper Clel Baulder with the help of law enforcement groups.Finally, on the last day of this week the House subcommittee for HSB 684 SPENDING LIMITS voted to move the bill to the full Appropriations committee. The bill establishes a new Revenue Stabilization Fund, in addition to the current reserve funds, and reduces the amount of the revenue estimate that can be spent. Representative Hinson, who is managing the bill, said that the fund will help with budget problems if revenue estimates are as inaccurate as they have been the last seven years. ?The bills that are of interest are detailed on the attached excel spreadsheet. The text of any bill, any amendments and current status can also be view on the legislative website at: a great weekend and please call us if you have questions.?NameTitleNoteHF 2196A bill for an act relating to texting or using a mobile telephone while operating a commercial motor vehicle, providing penalties, and making penalties applicable. (Formerly HSB 535.) Effective 7-1-18.SUPPORT-SIGNED BY GOVERNORHF 2199A bill for an act relating to the criminal offenses of the illegal use of a scanning device or encoding machine and criminal mischief in the third degree, and providing penalties. (Formerly HSB 507.) Effective 7-1-18.SUPPORT - SIGNED BY GOVERNORHF 2254A bill for an act relating to 911 emergency telephone and internet communication systems, making appropriations, and including effective date provisions. (Formerly HSB 552.) Effective 4-4-18, with exception of Section 8, effective 7-1-18.SUPPORT - SIGNED BY GOVERNORHF 2255A bill for an act relating to the possession of contraband in or on the grounds of a community-based correctional facility, and providing penalties. (Formerly HF 2094.) Effective 7-1-18.SIGNED BY GOVERNORHF 2270A bill for an act relating to kidnapping in the second degree, and providing penalties. (Formerly HSB 541.)?HF 2302A bill for an act relating to the operation of rescue vehicles when responding to an emergency, and making penalties applicable. (Formerly HF 2158.) Effective 7-1-18.SIGNED BY GOVERNORHF 2304A bill for an act relating to motor vehicles approaching certain stationary motor vehicles, and providing penalties. (Formerly HSB 509.) Effective 7-1-18.SIGNED BY GOVERNORHF 2311A bill for an act relating to an ex parte court order authorizing the interception of wire, oral, or electronic communications by special state agents. (Formerly HSB 553.)SUPPORTHF 2321A bill for an act relating to the duties of the department of workforce development regarding criminal history checks and certain state unemployment insurance law matters and including effective date provisions. (Formerly HSB 615.) Effective 7-1-18, with exception of Section 7, effective 1-1-19.SIGNED BY GOVERNORHF 2338A bill for an act relating to temporary restricted licenses for operating-while-intoxicated offenders, providing penalties, and including applicability provisions. (Formerly HSB 619.)?HF 2342A bill for an act relating to the seizure and disposition of property by the department of natural resources and requiring a report. (Formerly HF 2127.)?HF 2377A bill for an act relating to the regulation of certain substances, including the regulation of the practice of pharmacy, providing penalties, and including effective date provisions. (Formerly HF 2299.)SUPPORTHF 2381A bill for an act relating to the disposition of a child found to have committed a delinquent act. (Formerly HSB 627.)?HF 2391A bill for an act limiting the liability of an alcoholic beverage licensee or permittee for certain alcohol-related injuries. (Formerly HSB 594.)SUPPORT AS AMENDEDHF 2392A bill for an act relating to electronic and mechanical eavesdropping, and the interception of communications. (Formerly HF 2091.)?HF 2397A bill for an act relating to the admissibility of evidence of an employee’s criminal history in civil actions. (Formerly HF 2265.)?HF 2402A bill for an act relating to an agent’s termination or suspension of authority for a power of attorney. (Formerly HF 2105.) Effective 7-1-18.SIGNED BY GOVERNORHF 2416A bill for an act relating to the coordination of enforcement activities between the department of transportation and the department of public safety, including provisions relating to department of transportation employees designated as peace officers, and including effective date provisions. (Formerly HSB 639.)SUPPORTHF 2418A bill for an act establishing a length of service award program for volunteer fire fighters, concerning income tax deductions for volunteer fire fighters, making appropriations, and including effective date provisions. (Formerly HSB 165.)?HF 2456A bill for an act relating to behavioral health, including provisions relating to involuntary commitments and hospitalizations, the disclosure of mental health information to law enforcement professionals, and mental health and disability services. (Formerly HF 2327.) Effective 7-1-18.SUPPORT -SIGNED BY GOVERNORHF 2474A bill for an act relating to substance use disorder prevention and treatment, including creating an excise tax on the gross receipts of certain controlled substances sold at wholesale and an opioid abuse prevention and treatment fund, making appropriations, and providing penalties.?HF 571A bill for an act relating to the confidentiality of information contained in audio and video call recordings. (Formerly HF 213.)?HJR 2009A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the right of the people to keep and bear arms. (Formerly HJR 13.) Sent to Secretary of State 3-27-18.FILED WITH SEC STATEHSB 671A bill for an act relating to state and local revenue and finance by modifying the income taxes, the sales and use taxes and local option sales tax, the hotel and motel excise tax, the automobile rental excise tax, the Iowa educational savings plan trust, and the disabilities expenses savings plan trust, making penalties applicable, and including immediate effective date and retroactive and other applicability provisions.?HSB 678A bill for an act modifying appropriation amounts for payment of commercial and industrial property tax replacement claims and including effective date provisions.?HSB 681A bill for an act relating to Iowa’s urban renewal law by excluding certain school district property and county property taxes from certain divisions of tax revenue and including effective date and applicability provisions.?HSB 684A bill for an act relating to the state general fund expenditure limitation, creating a revenue estimating stabilization fund, and making appropriations.NEW BILLSF 2081A bill for an act modifying appropriation amounts for payment of commercial and industrial property tax replacement claims and including effective date provisions.NEW BILLSF 2109A bill for an act exempting all retirement income from the individual income tax and including retroactive applicability provisions.SUPPORTSF 2117A bill for an act relating to public funding and regulatory matters and making, reducing, transferring, and supplementing appropriations for expenditures in the fiscal year beginning July 1, 2017, and including effective date provisions. (Formerly SSB 3089.) Effective 3-28-18.SIGNED BY GOVERNORSF 2135A bill for an act relating to the failure to wear a motor vehicle safety belt or safety harness. (Formerly SSB 3044.) Effective 7-1-18.SIGNED BY GOVERNORSF 2155A bill for an act concerning public investment maturity limitations relating to the operating funds of political subdivisions. (Formerly SSB 3022.)?SF 2163A bill for an act relating to amber, blue, and white lighting devices and reflectors on motor vehicles and equipment owned by the department of transportation and used for snow and ice treatment or removal. (Formerly SSB 3048.) Effective 7-1-18.SUPPORT-SIGNED BY GOVERNORSF 2167A bill for an act relating to an ex parte court order authorizing the interception of wire, oral, or electronic communications by special state agents. (Formerly SSB 3032.)SUPPORTSF 2169A bill for an act limiting the liability of an alcoholic beverage licensee or permittee for certain alcohol-related injuries. (Formerly SSB 1179.)NEW BILLSF 2177A bill for an act relating to consumer protection modifying provisions applicable to consumer security freezes and personal information security breach protection, and including effective date provisions. (Formerly SF 2054.)NEW BILLSF 2210A bill for an act relating to the duties of political subdivisions to provide emergency medical service and including effective date and applicability provisions.NEW BILLSF 2230A bill for an act relating to kidnapping in the second degree, and providing penalties. (Formerly SSB 3026.)SUPPORTSF 2235A bill for an act relating to criminal acts committed on or against critical infrastructure and providing penalties. (Formerly SSB 3062.)SUPPORTSF 2241A bill for an act relating to the commission of a parole violation or a criminal offense while on parole. (Formerly SSB 3060.) Effective 7-1-18.SIGNED BY GOVERNORSF 2321A bill for an act relating to persons going armed with portable devices or weapons that direct an electronic current, and providing penalties. (Formerly SSB 3101.)?SF 2326A bill for an act relating to the coordination of enforcement activities between the department of transportation and the department of public safety, including provisions relating to department of transportation employees designated as peace officers, and including effective date provisions. (Formerly SSB 3192.)SUPPORTSF 2364A bill for an act requiring school districts and accredited nonpublic schools to develop high-quality emergency operations plans for school buildings. (Formerly SF 2253.)?SF 2372A bill for an act relating to the regulation of medical cannabidiol, by altering the list of debilitating medical conditions and changing the definition of medical cannabidiol under the medical cannabidiol Act, and exempting sales of medical cannabidiol products from Iowa sales tax. (Formerly SSB 3135.)?SF 2382A bill for an act relating to criminal law and procedure including certain related administrative proceedings, providing penalties, and including effective date provisions. (Formerly SF 2196.)SUPPORT AS AMENDEDSF 2383A bill for an act relating to state and local revenue and finance by modifying the individual and corporate income taxes, the franchise tax, tax credits, the moneys and credits tax, the sales and use taxes and local option sales tax, the hotel and motel excise tax, the automobile rental excise tax, the Iowa educational savings plan trust, and the disabilities expenses savings plan trust, providing for other properly related matters, making penalties applicable, and including immediate effective date and retroactive and other applicability provisions. (Formerly SSB 3197.)?SF 2387A bill for an act relating to the mental health and disability services regions. (Formerly SSB 3204.)?SF 2394A bill for an act relating to surcharges added to criminal penalties, court funds, civil fees, misdemeanor and felony fines and fines associated with scheduled violations. (Formerly SSB 3202.)NEW BILLSF 2397A bill for an act relating to the collection of fees and the performance of background investigations under the medical cannabidiol Act, and including effective date provisions. (Formerly SSB 3122, SF 2301.)?SF 2402A bill for an act providing for an exclusion from the individual income tax for certain amounts of governmental pension or retirement pay related to periods of employment not covered by the federal Social Security Act, and including applicability provisions.NEW BILLSF 360A bill for an act relating to the newborn safe haven Act. (Formerly SF 183.) Effective 7-1-18.SUPPORT -SIGNED BY GOVERNORSF 415A bill for an act providing immunity from certain criminal offenses and prohibiting certain disciplinary sanctions for persons who report, seek, or require emergency assistance for alcohol overdoses or protection from certain crimes, and modifying penalties. (Formerly SSB 1088.)?SF 481A bill for an act relating to the enforcement of immigration laws and providing penalties and remedies, including the denial of state funds to certain entities. (Formerly SSB 1172.)SUPPORTSJR 2002A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to public retirement systems.SUPPORTSJR 2009A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the right of the people to keep and bear arms. (Formerly SSB 3155.)? ................
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