Iowa Legislative Report
86th General Assembly, 2016 Session
IA State Police Association
Week 3: January 25 - 29 , 2016
Paula Feltner & Mike Heller, Lobbyists
This week was all about positioning on the budget and education funding The
historical norm has been that House and Senate leadership get together about two months into
the session to decide legislative budget targets – a target for overall spending for the year and
then the target for each of the Joint Budget Subcommittees (total of seven: Administration and
Regulation; Agriculture and Natural Resources; Economic Development; Education; Health and
Human Services; Justice System; and Standings). From the budget figures submitted by the
Governor in his annual Budget, each subcommittee made up by Representatives and Senators,
addresses how the money within that "target" should be apportioned. The process usually takes
about six weeks. The budget committees then submit their work to the Full Appropriation
Committees in each Chamber and final determinations are voted upon by both bodies.
The past few years, the House and Senate have been unable to agree on a Joint Target
which has resulted in two targets for the General Assembly and two targets for each Joint Budget
Subcommittee. This has delayed the adjournment for the last five years. In order to expedite the
process, Senate Democrats released their budget targets late this week. Overall, the Senate
budget proposal spends $7.398 billion from the General Fund, after factoring $10.6 million in
expected savings from an early retirement program. Democrats said that the budget is at 98.9
percent of available revenues, or $4.7 million under the 99% limit. Governor Branstad proposed
spending $7.412 billion from the General Fund. The proposal spends less than the Governor.
The difference is, that within their figure, the Senate spends more on Education and Human
Resources and less on the Justice system and Standings budgets.
The House has not at this writing released budget targets nor has the House responded to
the Democratic release. Most hope that this has at least "kicked the can down the road". All the
budget Subcommittees were held at least two days this week and consisted of Department Heads
explaining their different programs and budget needs.
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There were two significant pieces of floor work this week and both were in the House.
The first was on education funding. The Senate Democrats have called for a 4%
increase in state school aid for the next two school years. Governor Branstad has called
for a 2.5% increase. On Monday, the House passed a 2% increase. At that level state aid
for public schools in the current year is estimated at $2.86 billion. On the floor in the
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Senate the body refused to concur and sent the issue both to conference committee. One
conference committee meeting was held with no resolution. And the sage continues……
The second issue involved a tax issue, so-called "coupling" with the federal tax code.
On a vote of 82-14 the House passed HF 2092 which would couple for the 2015 tax year
the Section 179 expensing provisions in the Iowa revenue code. This was interesting
not only because of the effect on individual taxpayers but because of the affect on the
state budget would it also be passed by the Senate. Governor Governor Branstad, in his
proposed budget, declined to offer coupling with the federal tax code on this particular
issue because the cost would be too great given the tight budget year that is anticipated.
At the state of Iowa level, coupling with that change would result in a revenue reduction
of nearly $100 million. Obviously that could have a fiscal impact affecting any
person or group involved in the appropriations process.
Most of the week was taken up with subcommittee meetings as the legislature is
approaching the first "funnel deadline" (February 19th – that date when Senate bills have to be
voted out of Senate committee and House bills have to be out of House committee to be "alive"
for the session.) Probably the one of most interest was held on HF 2049, initiated by the Office
of Drug Policy.
Remember from last year, an attempt was made in the Iowa House to stop the spread of
synthetic drugs in Iowa and the Senate refused to pass legislation to the Governor. This year,
House Republicans are again addressing the issue. The bill focuses on four key areas in the law;
1) changing how synthetic drugs are categorized, 2) ensuring imitation controlled substances are
appropriately prosecuted, 3) allowing the legislature two years to evaluate the temporary
designation of scheduled substances and 4) addressing sentencing differences between
convictions for cocaine and crack cocaine.
Under current law, the chemicals that make up common synthetic drugs are scattered
throughout the code. This makes it difficult to determine what drugs are truly schedule I and
what drugs aren’t currently listed. HF 2049 properly lists synthetic drugs as schedule I controlled
substances and adds several more synthetic drug formulas to the list. Keeping these chemicals
categorized as schedule I substances helps keep these drugs off the streets and ensures those
selling them will face appropriate penalties.
County Attorneys maintain they have had trouble prosecuting sellers of synthetic drugs
when the drug is being sold as an imitation controlled substance. An imitation controlled
substance is not a controlled substance, but is mistaken for one, because of its appearance.
Synthetic drugs, not on the schedule drug list, can be packaged to look like an illegal synthetic
drug. These imitation controlled substances can have the same deadly effect as a scheduled drug.
Selling imitation controlled substances is how many dealers attempt to get around the law. HF
2049 includes imitation controlled substances in the same category as simulated and
controlled substances. Under the proposed bill, the penalty for selling an imitation controlled
substance would be the same as selling a simulated or actual controlled substance.
Under current law the Board of Pharmacy can designate a new substance as a controlled
substance if federal law also designates that substance the same way. If the General Assembly
does not affirm the boards designation within 60 days of the beginning of session, the
designation will be repealed. HF 2049 would allow the General Assembly two years to concur
with the Board of Pharmacy designation. This ensures there is enough time for the legislature to
understand the substance and determine if the designation should become permanent.
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Finally, HF 2049 addresses sentencing differences between cocaine and crack cocaine.
The bill changes penalties based on the amount of crack cocaine a person possesses. Under
current law a person possessing 50 grams of crack cocaine could face up to 50 years in prison
and a fine of up to $1 million, the bill raises the amount to 125 grams. The bill also alters the
possession requirement for class B and C felonies with regards to crack cocaine possession.
As HF 2049 moves through the committee process, amendments will be considered to ensure
this bill is helping target those distributing deadly synthetic drugs. House Republicans hope to
get this bill to the Governor’s desk this year. Please let me know if you want to register FOR
this bill.
Last but not least, legislators conduct forums back in their home districts on Fridays and
Saturdays to seek constituent feedback on a variety of topics. These can be an effective tool to
advance and address issues that are vital to our interests. PLEASE attend the legislative
forums in your area. You can find these legislative forums at:
http://www.iowahouserepublicans.com/forums
http://iowahouse.org/events/
HOUSE REPUBLICANS
HOUSE DEMOCRATS
http://www.iowasenatedemocrats.com/events
SENATE DEMOCRATS
http://www.iowasenaterepublicans.com/events/
SENATE REPUBLICANS
Below are the bills that we are involved in on your behalf. The bills are “hotlinked” if you
would like to view the entire bill or of course all bills may be accessed on the legislative website
at www.legis.iowa.gov. Remember that we initially we register on all bills as undecided status
and most will remain that way. We will register “Oppose” or “Support” only as instructed.
Please communicate to Zach your thoughts so he can give us direction. ALSO, PLEASE LET
US KNOW IF WE CAN REMOVE ANY OF THESE BILLS FROM THE LIST. We put a lot of
these on just as an FYI and then are happy to take them off so your list isn't so long. Just let us
know. If you have questions, please contact us and have a nice weekend.
Senate File 2063
A bill for an act creating the criminal offense of sexual exploitation by an attorney, including
civil actions for sexual abuse or sexual exploitation by an attorney, and providing penalties.
Jan. 27 16
Introduced, referred to Judiciary. S.J. 122.
Sponsored by Danielson.
Senate File 2059
A bill for an act relating to persons on probation, parole, or work release at the violator facility or
a residential facility operated by the judicial district department of correctional services.
(Formerly SSB 3024.)
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Jan. 26 16
Committee report, approving bill. S.J. 107.
Sponsored by Judiciary.
Senate File 2050
A bill for an act relating to the applicability of motor vehicle size, weight, and load limitations to
law enforcement vehicles.
Jan. 27 16
Subcommittee, Brase, Breitbach, and McCoy. S.J. 125.
Sponsored by Brase.
Senate File 2045
A bill for an act allowing a person to carry an uncased and loaded firearm while operating or
riding an all-terrain vehicle as part of a farm operation and including a penalty.
Jan. 26 16
Subcommittee, Dearden, Bolkcom, and Rozenboom. S.J. 106.
Sponsored by Sinclair, Schultz, Shipley, Kapucian, Chelgren, Rozenboom, Behn,
Senate File 2026
A bill for an act relating to possession and use of certain handguns while hunting deer and
including penalties.
Jan. 20 16
Subcommittee, Dearden, Bolkcom, and Shipley. S.J. 80.
Sponsored by Chelgren, Behn, Bertrand, Anderson, Shipley, Costello, Kraayenbrink,
Senate File 2025
A bill for an act relating to the reclassification of marijuana, including tetrahydrocannabinols,
under the controlled substance schedules.Jan. 21 16
Subcommittee, Horn, Schneider, and Sodders. S.J. 91.
Sponsored by Chelgren, Schneider and Schultz.
Senate File 2023
A bill for an act relating to the expungement of criminal offenses for alcohol consumption in
public, public intoxication, simulated public intoxication, or similar local ordinances, or when a
finding of contempt has been entered.
Jan. 21 16
Subcommittee, Taylor, Bisignano, and Garrett. S.J. 91.
Sponsored by Jochum.
Senate File 2008
A bill for an act relating to the possession and administration of emergency drugs by first
responders for purposes of treating drug overdose victims.
Jan. 14 16
Subcommittee, Bolkcom, Johnson, and Ragan. S.J. 68.
Sponsored by Kinney.
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Senate File 2004
A bill for an act relating to the use of hand-held electronic communication devices while driving,
and making penalties applicable.
Jan. 11 16
Introduced, referred to Transportation. S.J. 31.
Sponsored by Johnson.
Senate File 378
A bill for an act relating to reimbursement of defense costs of peace officers and corrections
officers. (Formerly SF 250.)
Mar. 04 15
Introduced, placed on calendar. S.J. 437.
Mar. 04 15
Committee report, approving bill. S.J. 445.
Mar. 12 15
Passed Senate, ayes 48, nays none. S.J. 581.
Mar. 12 15
Message from Senate. H.J. 574.
Mar. 13 15
Read first time, referred to Judiciary. H.J. 580.
Mar. 17 15
Subcommittee, Branhagen, Heartsill, and Wolfe. H.J. 634.
Mar. 23 15
Passed subcommittee.
Senate Study Bill 3057
A study bill for an act relating to the criminal elements and penalties for the commission of
sexual misconduct with offenders and juveniles, and including effective date provisions. 1/26/16
Subcommittee: Taylor, Kinney, Shipley
Senate Study Bill 3057
House Study Bill 536
Senate Study Bill 3053
A study bill for an act relating to the statute of repose for medical malpractice claims. 1/26/16
Subcommittee: Sodders, Hogg, Garrett
Senate Study Bill 3053
Senate Study Bill 3030
A study bill for an act relating to forcible entry and detainer actions, including granting
concurrent jurisdiction to small claims courts over preliminary hearings for certain forcible entry
and detainer actions. 1/13/16 Subcommittee: Hogg, Sodders, Zaun
Senate Study Bill 3030
House Study Bill 531
Senate Study Bill 3026
A study bill for an act relating to the assessment of fees and court costs in certain criminal cases,
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and providing for a fee. 1/13/16 Subcommittee: Taylor, Quirmbach, Whitver
Senate Study Bill 3026
House Study Bill 524
Senate Study Bill 3025
A study bill for an act relating to persons examining and obtaining their own criminal history
data.1/13/16 Subcommittee: Kinney, Petersen, Shipley 1/21/2016 Returned to Committee.
Senate Study Bill 3025
Senate Study Bill 3015
A study bill for an act relating to the right of residents, owners, tenants, and landlords to summon
emergency assistance and preempting related local ordinances, rules, and regulations. 1/13/16
Subcommittee: Dvorsky, McCoy, and Chapman
Senate Study Bill 3015
Senate Study Bill 3009
A study bill for an act providing that certain peace officers and law enforcement officials are not
required to use a notarial stamp when administering oaths or acknowledging signatures. 1/12/16
Subcommittee: Sodders, Hogg, and Garrett
Senate Study Bill 3009
Senate Study Bill 3008
A study bill for an act establishing a statewide chemical substance abuse monitoring pilot
program. 1/12/16 Subcommittee: Sodders, Kinney, and Garrett
Senate Study Bill 3008
Senate Study Bill 3007
A study bill for an act relating to the criminal offense of interference with official acts at county
jails, municipal holding facilities, and judicial district departments of correctional services, and
providing penalties. 1/12/16 Subcommittee: Sodders, Kinney, and Whitver
Senate Study Bill 3007
Senate Study Bill 3004
A study bill for an act making changes to the controlled substance schedules, and providing
penalties, and including an effective date provision. 01/12/16 Subcommittee: Wilhelm, Bolkcom,
and Johnson
Senate Study Bill 3004
House File 2132
A bill for an act relating to the possession and administration of emergency drugs by first
responders for purposes of treating drug overdose victims.
Jan. 29 16
Introduced, referred to Public Safety. H.J. 151.
Sponsored by Klein.
House File 2130
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A bill for an act modifying the criminal offense of harassment, and providing penalties.
Jan. 29 16
Introduced, referred to Judiciary. H.J. 150.
Sponsored by Heartsill.
House File 2129
A bill for an act relating to the issuance and verification of, and the transfer of records
concerning permits to carry weapons and the confidentiality of such records including the
confidentiality of records for such permits and for permits to acquire pistols or revolvers,
prohibiting fraudulent transfers of firearms and ammunition, providing for a fee and a penalty,
and including effective date and applicability provisions.
Jan. 29 16
Introduced, referred to Judiciary. H.J. 150.
Sponsored by Windschitl.
House File 2097
A bill for an act relating to the medical use of cannabidiol for certain debilitating medical
conditions and making penalties applicable. Jan. 26 16
Introduced, referred to Public Safety. H.J. 118.
Sponsored by Gassman, Sheets, Jorgensen, McConkey, Ourth and Wolfe.
House File 2087
A bill for an act relating to the creation of the medical cannabis Act and providing for criminal
penalties and fees.
Jan. 22 16
Introduced, referred to Public Safety. H.J. 106.
Sponsored by Hunter.
House File 2085
A bill for an act relating to eligibility for a deferred judgment, deferred sentence, suspended
sentence, or reduced fine for a first offense of operating while intoxicated involving bodily injury
or property damage.
Jan. 22 16
Introduced, referred to Judiciary. H.J. 105.
Sponsored by Olson
House File 2078
A bill for an act relating to the issuance and display of one registration plate on motor vehicles.
Jan. 21 16
Subcommittee, Byrnes, Cohoon, and Paulsen. H.J. 103.
Sponsored by Paulsen.
House File 2077
A bill for an act relating to the unauthorized placement of a global positioning device and
providing a penalty.
Jan. 27 16
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Subcommittee, Rizer, Berry, and Gustafson. H.J. 139.
Sponsored by Rizer.
House File 2076
A bill for an act modifying sex offender registry requirements by requiring certain sex offenders
from out-of-state whose registration requirements have expired to reregister, and providing
penalties.
Jan. 26 16
Subcommittee, Fisher, Baxter, and Wessel-Kroeschell. H.J. 123.
Sponsored by Fisher.
House File 2074
A bill for an act relating to the disclosure of an address confidentiality program participant's
address in certain legal proceedings.
Jan. 26 16
Subcommittee, Fisher, Baxter, and Staed. H.J. 123.
Sponsored by Fisher and Anderson.
House File 2066
A bill for an act relating to carrying a firearm while operating or riding on a snowmobile or an
all-terrain vehicle.
Jan. 26 16
Subcommittee, Best, Bacon, and Bennett. H.J. 122.
Sponsored by Klein.
House File 2057
A bill for an act relating to the carrying and possession of weapons and providing penalties.
Jan. 19 16
Subcommittee, Baxter, Dawson, and Gustafson. H.J. 88.
Sponsored by Salmon, Gustafson, Wills, Holt, Heartsill, Kooiker, Watts, Sheets, Fi
House File 2049
A bill for an act relating to controlled substances, including by modifying the penalties for
controlled substances containing cocaine base, enhancing the penalties for imitation controlled
substances, modifying the controlled substances listed in schedules I, III, and IV, and
temporarily designating substances as controlled substances, and providing penalties.
Jan. 21 16
Subcommittee, Klein, Gaines, and Holt. H.J. 103.
Sponsored by Rizer, Baudler, Holt, Baxter, Fisher, Sieck, Koester, Salmon, Kooiker
House File 2048
A bill for an act requiring certain peace officers, including tribal law enforcement officers, to
wear and use a body camera and providing remedies.
Jan. 21 16
Subcommittee, Baudler, Kressig, and Worthan. H.J. 103.
Sponsored by Hunter.
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House File 2045
A bill for an act modifying the threshold damage dollar amounts which constitute the crimes of
criminal mischief in the second, third, and fourth degrees.
Jan. 15 16
Introduced, referred to Judiciary. H.J. 80.
Sponsored by Wolfe.
House File 2044
A bill for an act relating to the regulation of firearms and ammunition in a state of public
emergency and providing a remedy.
Jan. 21 16
Passed subcommittee.
Sponsored by Windschitl.
House File 2043
A bill for an act relating to possessing and transferring firearm suppressors, providing penalties,
and including effective date provisions.
Jan. 19 16
Subcommittee, Baxter, Oldson, and Windschitl. H.J. 87.
Sponsored by Windschitl.
House File 2042
A bill for an act relating to the possession of a pistol, revolver, or ammunition by persons under
fourteen years of age, and including effective date provisions.
Jan. 25 16
Passed subcommittee.
Sponsored by Windschitl.
House File 2033
A bill for an act relating to the criminal offense of accessory after the fact if the public offense
involves a murder, and providing penalties.
Jan. 14 16
Subcommittee, Branhagen, Baxter, and Dawson. H.J. 98.
Sponsored by Kooiker.
House File 2031
A bill for an act relating to the limitation of actions for the offense of accessory after the fact
involving a kidnapping, and providing penalties.
Jan. 14 16
Subcommittee, Branhagen, Baxter, and Dawson. H.J. 76.
Sponsored by Kooiker.
House File 2030
A bill for an act relating to the revocation of driver's licenses for drug-related criminal
convictions.
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Jan. 13 16
Introduced, referred to Judiciary. H.J. 73.
Sponsored by Wolfe.
House File 2026
A bill for an act relating to modifying the sex offender registry requirements.
Jan. 27 16
Passed subcommittee.
Sponsored by Wolfe.
House File 2024
A bill for an act relating to the expungement of the criminal record for a simple misdemeanor
interference of official acts.
Jan. 13 16
Introduced, referred to Judiciary. H.J. 72.
Sponsored by Wolfe.
House File 2023
A bill for an act repealing the criminal offenses of intoxication and simulated intoxication in
public places.
Jan. 13 16
Introduced, referred to Judiciary. H.J. 72.
Sponsored by Wolfe.
House File 2022
A bill for an act modifying the criminal offense of accommodation, and providing penalties.
Jan. 13 16
Introduced, referred to Judiciary. H.J. 72.
Sponsored by Wolfe.
House File 2019
A bill for an act requiring the use of headlamps and other lighting devices on vehicles at all times
during inclement weather, and making a penalty applicable.
Jan. 13 16
Subcommittee, Holz, Maxwell, and Stutsman. H.J. 75.
Sponsored by Ruff.
House File 2018
A bill for an act establishing a cold case investigation unit within the department of public safety.
Jan. 21 16
Subcommittee, Kooiker, Salmon, and Wolfe. H.J. 103.
Sponsored by Kooiker.
House Study Bill 538
A study bill for removing prohibitions on emergency management organization employees from
holding elective office.
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House Study Bill 538
House Study Bill 536
A study bill relating to the criminal elements and penalties for the commission of sexual
misconduct with offenders and juveniles, and including effective date provisions. 1-21-16
Subcommittee assigned, Salmon, Brown-Powers, and Heartsill. H.J. 104. 1-26-16 Passed
subcommittee.
Senate Study Bill 3057
House Study Bill 536
House Study Bill 531
A study bill relating to forcible entry and detainer actions, including granting concurrent
jurisdiction to small claims courts over preliminary hearings for certain forcible entry and
detainer actions. 1-20-16 Subcommittee assigned, Jones, Branhagen, and Prichard. H.J. 100.
Senate Study Bill 3030
House Study Bill 531
House Study Bill 529
A study bill relating to the limitations of criminal actions in kidnapping or human trafficking
offenses, and providing penalties. 1-20-16 Subcommittee assigned, Heartsill, Nunn, and Olson.
H.J. 100.
House Study Bill 529
House Study Bill 523
A study bill relating to the criminal offense of identity theft, and providing penalties. 1-20-16
Subcommittee assigned, Nunn, Berry, and Rizer. H.J. 99.
House Study Bill 523
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