EIGHTY-SEVENTH GENERAL ASSEMBLY 2018 REGULAR SESSION DAILY SENATE CLIP SHEET January 9, 2018
Clip Sheet Summary
Displays all amendments, fiscal notes, and conference committee reports for previous day.
Bill Amendment Action Sponsor
SF 177 ...... S-3159 ...... Filed BILL ANDERSON SF 395 ...... S-3138 ...... Filed ROBERT M. HOGG SF 395 ...... S-3139 ...... Filed PAM JOCHUM SF 395 ...... S-3140 ...... Filed ROBERT M. HOGG SF 395 ...... S-3148 ...... Filed ROBERT M. HOGG SF 399 ...... S-3143 ...... Withdrawn TOD R. BOWMAN SF 399 ...... S-3144 ...... Filed PAM JOCHUM SF 399 ...... S-3147 ...... Filed JANET PETERSEN SF 418 ...... S-3158 ...... Filed MICHAEL BREITBACH SF 433 ...... S-3145 ...... Ruled Out of MATT McCOY Order SF 435 ...... S-3135 ...... Withdrawn NATE BOULTON SF 441 ...... S-3137 ...... Adopted ROBY SMITH SF 445 ...... S-3150 ...... Adopted DAN DAWSON SF 447 ...... S-3141 ...... Lost KEVIN KINNEY SF 447 ...... S-3152 ...... Lost DAVID JOHNSON SF 447 ...... S-3153 ...... Lost DAVID JOHNSON SF 447 ...... S-3154 ...... Lost ROBERT M. HOGG SF 447 ...... S-3155 ...... Lost RITA HART SF 448 ...... S-3157 ...... Adopted TIM KRAAYENBRINK SF 471 ...... S-3136 ...... Withdrawn MARK CHELGREN SF 471 ...... S-3142 ...... Filed JAKE CHAPMAN SF 471 ...... S-3146 ...... Lost PAM JOCHUM, et al SF 471 ...... S-3149 ...... Filed MARK CHELGREN SF 480 ...... S-3151 ...... Withdrawn LIZ MATHIS HF 577 ...... S-3156 ...... Ruled Out of LIZ MATHIS Order
Fiscal Notes
HF 470 — Guardianship Assistance Program, Permanency for Foster Care Youth (LSB1907HV)
SF 423 — Gun Crime, Bail Restriction (LSB1494SV)
HF 582 — Search Warrants, Electronic Applications to Court (LSB1090HV)
HF 263 — Domestic Abuse Assault (LSB1398YH)
SF 482 — Water Quality (LSB1844SV)
HF 579 — Criminal Sentencing Reform (LSB1885HV)
HF 566 — School Board Elections on City Election Date (LSB1380HV)
HF 569 — Retirement Savings Plan Option (LSB2200HV) SENATE FILE 177 S-3159 1 Amend Senate File 177 as follows: 2 1. Page 1, line 26, by striking
By BILL ANDERSON
S-3159 FILED MARCH 14, 2017
S-3159 -1- SENATE FILE 395 S-3138 1 Amend Senate File 395 as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4
By ROBERT M. HOGG
S-3138 FILED MARCH 14, 2017
S-3138 -1- SENATE FILE 395 S-3139 1 Amend Senate File 395 as follows: 2 1. Page 1, by striking lines 8 through 10 and 3 inserting
By PAM JOCHUM
S-3139 FILED MARCH 14, 2017
S-3139 -1- SENATE FILE 395 S-3140 1 Amend Senate File 395 as follows: 2 1. Page 1, before line 1 by inserting: 3
By ROBERT M. HOGG
S-3140 FILED MARCH 14, 2017
S-3140 -1- SENATE FILE 395 S-3148 1 Amend Senate File 395 as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4
By ROBERT M. HOGG
S-3148 FILED MARCH 14, 2017
S-3148 -1- SENATE FILE 399 S-3143 1 Amend Senate File 399 as follows: 2 1. Page 9, after line 20 by inserting: 3 S-3143 -1- S-3143 (Continued) 1 paragraphs “d” and “e”. subsection 3. 2 3. a. A primary runoff election shall be held only 3 for nominations unfilled because the primary election 4 is inconclusive under subsection 1 or 2. 5 (1) When one nominee is required for an office, the 6 two candidates who received the highest number of votes 7 cast for that nomination in the primary election shall 8 be the candidates in the primary runoff election. 9 (2) When two or more nominees are required for 10 an office and the necessary number of nominations 11 cannot be made pursuant to subsection 2, the number 12 of candidates in the primary runoff election shall 13 equal one more than the necessary number of nominations 14 remaining unfilled. The candidates in the primary 15 runoff election shall be the remaining candidates 16 who received the highest number of votes cast in the 17 primary election but who did not receive at least 18 thirty-five percent of the votes cast in the primary 19 election. 20 b. Primary runoff elections shall be held on 21 the first Tuesday after the first Monday in August 22 following the primary election and shall, insofar as 23 practicable, be conducted and the results canvassed in 24 the same manner as primary elections. 25 c. The candidates equal in number to the necessary 26 number of nominations remaining unfilled who receive 27 the highest number of votes cast by the voters of the 28 nominating party shall be the nominees of that party 29 for that office in the general election. 30 d. The fact that the candidate who receives the 31 highest number of votes cast for any party’s nomination 32 for an office under this subsection is a person whose 33 name was not printed on the official primary runoff 34 election ballot shall not affect the validity of the 35 person’s nomination as a candidate for that office in S-3143 -2- S-3143 (Continued) 1 the general election. 2 Sec. ___. Section 43.65, Code 2017, is amended to 3 read as follows: 4 43.65 Who nominated. 5 1. The candidate of each political party for 6 nomination for each office to be filled by the voters 7 of the entire state, and for each seat in the United 8 States house of representatives, the Iowa house of 9 representatives and each seat in the Iowa senate 10 which is to be filled, who receives the highest number 11 of votes cast by the voters of that party for that 12 nomination shall be the candidate of that party for 13 that office in the general election. However, if there 14 are more than two candidates for any nomination and 15 none of the candidates receives thirty-five percent 16 or more of the votes cast by voters of that party for 17 that nomination, the primary is inconclusive and the 18 nomination shall be made as provided by section 43.78, 19 subsection 1, paragraph “a”, “b” or “c”, whichever is 20 appropriate subsection 2. 21 2. a. A primary runoff election shall be held only 22 for nominations unfilled because the primary election 23 is inconclusive under subsection 1. The two candidates 24 who received the highest number of votes cast for 25 that nomination in the primary election shall be the 26 candidates in the primary runoff election. 27 b. Primary runoff elections shall be held on 28 the first Tuesday after the first Monday in August 29 following the primary election and shall, insofar as 30 practicable, be conducted and the results canvassed in 31 the same manner as primary elections. 32 c. The candidate in the primary runoff election who 33 receives the highest number of votes cast by the voters 34 of the nominating party shall be the nominee of that 35 party for that office in the general election. S-3143 -3- S-3143 (Continued) 1 d. The fact that the candidate who receives the 2 highest number of votes cast for any party’s nomination 3 for an office under this subsection is a person whose 4 name was not printed on the official primary runoff 5 election ballot shall not affect the validity of the 6 person’s nomination as a candidate for that office in 7 the general election. 8 Sec. ___. Section 43.66, Code 2017, is amended to 9 read as follows: 10 43.66 Write-in candidates. 11 The fact that the candidate who receives the highest 12 number of votes cast for any party’s nomination for an 13 office to which section 43.52 or 43.65 is applicable 14 is a person whose name was not printed on the official 15 primary election ballot shall not affect the validity 16 of the person’s nomination as a candidate for that 17 office in the general election. However, if there 18 is no candidate on the official primary ballot of a 19 political party for nomination to a particular office, 20 a write-in candidate may obtain the party’s nomination 21 to that office in the primary if the candidate receives 22 a number of votes equal to at least thirty-five 23 percent of the total vote cast for all of that party’s 24 candidates for that office in the last preceding 25 primary election for which the party had candidates 26 on the ballot for that office. If there have been no 27 candidates from a political party for a seat in the 28 general assembly since the most recent redistricting 29 of the general assembly, a write-in candidate shall be 30 considered nominated who receives a number of votes 31 equal to at least thirty-five percent of the total 32 votes cast, at the last preceding primary election in 33 the precincts which currently constitute the general 34 assembly district, for all of that party’s candidates 35 for representative in the Congress of the United States S-3143 -4- S-3143 (Continued) 1 or who receives at least one hundred votes, whichever 2 number is greater. When two or more nominees are 3 required, the division procedure prescribed in section 4 43.52, subsection 2, shall be applied to establish 5 the minimum number of write-in votes necessary for 6 nomination. If the primary is inconclusive, the 7 necessary nominations shall be made in accordance with 8 section 43.78, subsection 1 43.52, subsection 3, or 9 section 43.65, subsection 2, as applicable. 10 Sec. ___. Section 43.67, subsection 1, Code 2017, 11 is amended to read as follows: 12 1. Each candidate nominated pursuant to section 13 43.52 or 43.65 is entitled to have the candidate’s 14 name printed on the official ballot to be voted at the 15 general election without other certificate unless the 16 candidate was nominated by write-in votes. Immediately 17 after the completion of the canvass for the primary 18 election held under section 43.49, the county auditor 19 shall notify each person who was nominated by write-in 20 votes for a county office that the person is required 21 to file an affidavit of candidacy if the person wishes 22 to be a candidate for that office at the general 23 election. Immediately after the completion of the 24 canvass for the primary election held under section 25 43.63, the secretary of state shall notify each person 26 who was nominated by write-in votes for a state or 27 federal office that the person is required to file 28 an affidavit of candidacy if the person wishes to be 29 a candidate for that office at the general election. 30 If a person receives enough votes to be placed on a 31 primary runoff election ballot, the county commissioner 32 of elections or the state commissioner of elections, 33 as appropriate, shall immediately after the canvass 34 of the primary election notify the person that the 35 person is required to file an affidavit of candidacy S-3143 -5- S-3143 (Continued) 1 if the person wishes to be a candidate for nomination 2 to that office at the primary runoff election. If the 3 affidavit is not filed by 5:00 p.m. on the seventh 4 day after the completion of the canvass, that person’s 5 name shall not be placed upon the official general 6 election ballot or the primary election runoff ballot, 7 as applicable. The affidavit shall be signed by the 8 candidate, notarized, and filed with the county auditor 9 or the secretary of state, whichever is applicable. 10 Sec. ___. Section 43.67, subsection 2, paragraph f, 11 Code 2017, is amended to read as follows: 12 f. A declaration that if the candidate is elected 13 to the office sought the candidate will qualify by 14 taking the oath of office. 15 Sec. ___. Section 43.77, subsection 2, Code 2017, 16 is amended to read as follows: 17 2. The primary election was inconclusive as to that 18 office because no candidate for the party’s nomination 19 for that office received the number of votes required 20 by section 43.52, section 43.53, or 43.65, whichever is 21 applicable. 22 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, 23 subsection 3, shall not apply to this division of this 24 Act.> 2625 2. Title page, line 3, after By TOD R. BOWMAN S-3143 FILED MARCH 14, 2017 WITHDRAWN S-3143 -6- SENATE FILE 399 S-3144 1 Amend Senate File 399 as follows: 2 1. Page 3, after line 6 by inserting: 3 By PAM JOCHUM S-3144 FILED MARCH 14, 2017 S-3144 -1- SENATE FILE 399 S-3147 1 Amend Senate File 399 as follows: 2 1. Page 1, after line 26 by inserting: 3 S-3147 -1- S-3147 (Continued) 1 the applicant is not an eligible elector or the 2 applicant declines to register to vote after receiving 3 notification under subsection 4A. A completed voter 4 registration form application submitted to the 5 office of driver services of the state department 6 of transportation shall be considered to update any 7 previous voter registration by the registrant. 8 3. Information relating to the refusal decision of 9 an applicant for a driver’s license to apply decline 10 to register to vote shall not be used for any purpose 11 other than voter registration. 12 Sec. ___. Section 48A.18, subsection 4, Code 2017, 13 is amended by striking the subsection and inserting in 14 lieu thereof the following: 15 4. a. The state voter registration commission 16 shall establish schedules by which the department of 17 transportation shall transmit to the state registrar of 18 voters electronic records containing the legal name, 19 date of birth, residential address, mailing address, 20 and social security number for each person submitting 21 an application under this section. 22 b. The state voter registration commission shall 23 establish schedules by which the state registrar of 24 voters shall make accessible or transmit electronic 25 records received under paragraph “a” to the appropriate 26 commissioner of registration. 27 c. The state commissioner of elections shall adopt 28 rules pursuant to chapter 17A, consistent with section 29 9E.6, for the registration of address confidentiality 30 program participants. 31 d. The state voter registration commission, in 32 consultation with the department of transportation, 33 shall adopt rules pursuant to chapter 17A to administer 34 and interpret this section, including rules to 35 establish electronic applications and procedures used S-3147 -2- S-3147 (Continued) 1 by the office of driver services for voter registration 2 purposes, rules to establish schedules for transmission 3 of electronic records, and rules and forms to decline 4 being registered to vote. 5 Sec. ___. Section 48A.18, Code 2017, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION. 4A. a. (1) Upon receiving 8 the electronic record for a person under subsection 9 4, the state registrar of voters shall transmit or 10 otherwise make accessible the electronic record of the 11 person to the commissioner of registration where the 12 person resides. Upon reviewing the electronic record 13 received from the state registrar of voters, along with 14 any other relevant information, the commissioner of 15 registration shall determine if a person is an eligible 16 elector of the county. If the commissioner determines 17 that a person is an eligible elector of the county 18 and is not registered to vote in that county, the 19 commissioner shall notify the person of the separate 20 processes to decline being registered to vote or to 21 declare a political party affiliation. 22 (2) If the person is registered to vote in the 23 county, the commissioner shall use the electronic 24 record and information to update the person’s voter 25 registration if appropriate. 26 b. If a person notified under paragraph “a” does 27 not decline to be registered to vote within twenty-one 28 calendar days after the commissioner of registration 29 issues the notification, the person’s electronic record 30 and the electronic signature obtained by the department 31 of transportation shall constitute a completed voter 32 registration form under section 48A.11, and the 33 commissioner of registration shall register the person 34 to vote in that county. The commissioner shall send an 35 acknowledgment pursuant to section 48A.26. S-3147 -3- S-3147 (Continued) 1 c. A commissioner of registration shall not add a 2 person subject to registration under this subsection 3 to a voter registration list until at least twenty-one 4 calendar days after the commissioner has issued 5 notification to the person as described in paragraph 6 “a”. 7 d. The electronic record and electronic signature 8 of a person who does not qualify as an eligible elector 9 shall not constitute a completed voter registration 10 form under section 48A.11 and such a person’s 11 application for a driver’s license or nonoperator’s 12 identification card shall not be considered to be a 13 voter registration application for purposes of section 14 39A.2, subsection 1, paragraph “a”. 15 Sec. ___. Section 48A.21, Code 2017, is amended to 16 read as follows: 17 48A.21 Transmission of forms from agencies and 18 driver’s license stations. 19 The state registrar of voters shall adopt 20 administrative rules regulating the transmission 21 of completed voter registration forms from voter 22 registration agencies and from driver’s license 23 stations, including county treasurer’s offices 24 participating in county issuance of driver’s licenses 25 under chapter 321M. All completed voter registration 26 applications in the possession of a voter registration 27 agency, a driver’s license station, or a county 28 treasurer’s office that is participating in county 29 issuance of driver’s licenses at 5:00 p.m. on the 30 last workday of each week shall be transmitted to the 31 location designated by the state registrar of voters 32 by rule. Procedures or requirements for more frequent 33 transmissions may be specified by rule. 34 Sec. ___. Section 48A.26, subsection 1, paragraph 35 b, Code 2017, is amended to read as follows: S-3147 -4- S-3147 (Continued) 1 b. (1) For a voter registration form or change of 2 information in a voter registration record submitted 3 at a precinct caucus, the commissioner shall send an 4 acknowledgment within forty-five days of receipt of the 5 form or change of information. 6 (2) For a voter registration application or 7 change of information in a voter registration record 8 completed pursuant to section 48A.18, subsection 4A, 9 the commissioner shall send an acknowledgment within 10 seven working days of the person being registered under 11 that subsection. 12 Sec. ___. Section 48A.26, subsection 8, Code 2017, 13 is amended to read as follows: 14 8. An A completed voter registration application, 15 improperly transmitted under section 48A.18, 16 subsection 4A, or an improperly addressed or delivered 17 registration form shall be transmitted or forwarded to 18 the appropriate county commissioner of registration 19 within two working days after it is received by any 20 other official. The date of registration shall be the 21 date the completed application or registration form was 22 received by the first official. If the registration 23 form was postmarked fifteen or more days before an 24 election and the registration form was received by the 25 first official after the close of registration, the 26 registration form shall be considered on time for the 27 election.> 28 2. Page 1, after line 31 by inserting: 29 S-3147 -5- S-3147 (Continued) 1 otherwise, to the appropriate commissioner in 2 accordance with rules of the state voter registration 3 commission and the state registrar of voters. The 4 office of driver services of the state department 5 of transportation shall electronically transmit 6 registration data to the state registrar of voters as 7 required pursuant to section 48A.18. The state agency 8 originating the registration data shall permanently 9 retain an electronic copy of the form completed by the 10 registrant, including the registrant’s signature, and 11 shall develop procedures for the retrieval and printing 12 of that electronic document. A printed copy of an 13 electronic registration document shall be made only 14 upon the agency’s receipt of a court order. 15 Sec. ___. Section 331.557A, subsection 5, Code 16 2017, is amended to read as follows: 17 5. Participate in voter registration according to 18 the terms of chapter 48A, and submit completed voter 19 registration forms to the state registrar of voters 20 appropriate county commissioner of registration. 21 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, 22 subsection 3, shall not apply to this division of this 23 Act. 24 Sec. ___. EFFECTIVE DATE. This division of this 25 Act takes effect January 1, 2018.> 26 3. By renumbering as necessary. By JANET PETERSEN S-3147 FILED MARCH 14, 2017 S-3147 -6- SENATE FILE 418 S-3158 1 Amend Senate File 418 as follows: 2 1. Page 1, before line 1 by inserting: 3 S-3158 -1- S-3158 (Continued) 1 executive officers, and section 524.612, subsections 3 2 and 4, apply to all officers and employees. 3 Sec. ___. Section 524.710, subsection 2, Code 2017, 4 is amended by striking the subsection. 5 Sec. ___. Section 524.1601, subsection 1, paragraph 6 b, Code 2017, is amended to read as follows: 7 b. The amount by which the director’s, or executive 8 officer’s, or employee’s deposit account in the 9 state bank or bank holding company is overdrawn, 10 upon conviction of a in violation of section 524.613, 11 subsection 2, or of section 524.710, subsection 2 12 12 C.F.R. §215.4(e). 13 Sec. ___. Section 524.1601, subsection 2, Code 14 2017, is amended to read as follows: 15 2. A director or officer who willfully makes or 16 receives a loan in violation of section 524.612, 17 subsection 1, or section 524.706, subsection 1 12 18 C.F.R. §215.4 or 215.5, shall be guilty of a serious 19 misdemeanor and shall be subject to an additional fine 20 equal to that amount of the loan in excess of the 21 limitation imposed by such subsections regulations, 22 and shall be forever disqualified from acting as a 23 director or officer of any state bank or bank holding 24 company. For the purpose of this subsection, amounts 25 which are treated as obligations of an officer or 26 director pursuant to section 524.612, subsection 5, 27 shall be considered in determining whether the loan or 28 extension of credit is in violation of section 524.612, 29 subsection 1, and section 524.706, subsection 1. 30 Sec. ___. Section 524.1806, Code 2017, is amended 31 to read as follows: 32 524.1806 Banks owned or controlled —— officers and 33 directors. 34 An individual who is a director or an officer of a 35 bank holding company, as specified by section 524.1801, S-3158 -2- S-3158 (Continued) 1 is deemed to be a director or an officer, or both, as 2 the case may be, of each bank so owned or controlled by 3 that bank holding company, for the purposes of sections 4 524.612, 524.613 and 524.706, and for the purposes of 5 12 C.F.R. pt. 215. 6 Sec. ___. Section 533.205, subsection 7, Code 2017, 7 is amended to read as follows: 8 7. A state credit union shall not may pay an 9 overdraft of a director, officer, or employee of 10 the state credit union on an account at the state 11 credit union, unless subject to the rules of the 12 superintendent, when the payment of funds is made in 13 accordance with either any of the following: 14 a. A written, preauthorized, interest-bearing 15 extension of credit plan that specifies a method of 16 repayment. 17 b. A written, preauthorized transfer of collected 18 funds from another account of the account holder at the 19 state credit union. 20 c. The overdraft is paid pursuant to an overdraft 21 protection plan or courtesy pay program.> 22 2. Page 1, by striking lines 25 and 26 and 23 inserting By MICHAEL BREITBACH S-3158 FILED MARCH 14, 2017 S-3158 -3- SENATE FILE 433 S-3145 1 Amend Senate File 433 as follows: 2 1. Page 1, before line 1 by inserting: 3 By MATT McCOY S-3145 FILED MARCH 14, 2017 RULED OUT OF ORDER S-3145 -1- SENATE FILE 435 S-3135 1 Amend Senate File 435 as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 By NATE BOULTON S-3135 FILED MARCH 14, 2017 WITHDRAWN S-3135 -1- SENATE FILE 441 S-3137 1 Amend Senate File 441 as follows: 2 1. Page 1, by striking line 27 and inserting By ROBY SMITH S-3137 FILED MARCH 14, 2017 ADOPTED S-3137 -1- SENATE FILE 445 S-3150 1 Amend Senate File 445 as follows: 2 1. Page 1, line 4, by striking <80G.1> and 3 inserting <80G.2> 4 2. Page 2, line 5, after By DAN DAWSON S-3150 FILED MARCH 14, 2017 ADOPTED S-3150 -1- SENATE FILE 447 S-3141 1 Amend Senate File 447 as follows: 2 1. Page 1, line 16, after By KEVIN KINNEY S-3141 FILED MARCH 14, 2017 S-3141 -1- S-3141 (Continued) LOST S-3141 -2- SENATE FILE 447 S-3152 1 Amend Senate File 447 as follows: 2 1. Page 3, after line 27 by inserting: 3 <___. This section does not prohibit a party 4 from seeking or a court from ordering any form of 5 prohibitory or mandatory relief that is appropriate 6 under principles of equity, including but not 7 limited to the issuance of a permanent or temporary 8 injunction.> 9 2. By renumbering as necessary. By DAVID JOHNSON S-3152 FILED MARCH 14, 2017 LOST S-3152 -1- SENATE FILE 447 S-3153 1 Amend the amendment, S-3122, to Senate File 447 as 2 follows: 3 1. Page 1, by striking lines 9 and 10 and 4 inserting: 5 <___. Page 3, line 11, by striking By DAVID JOHNSON S-3153 FILED MARCH 14, 2017 LOST S-3153 -1- SENATE FILE 447 S-3154 1 Amend Senate File 447 as follows: 2 1. Page 3, line 25, after <459.604.> by inserting 3 By ROBERT M. HOGG S-3154 FILED MARCH 14, 2017 LOST S-3154 -1- SENATE FILE 447 S-3155 1 Amend Senate File 447 as follows: 2 1. Page 3, after line 25 by inserting: 3 <___. This section does not apply to a confinement 4 feeding operation, as defined in section 459.102, that 5 is constructed on or after the effective date of this 6 Act, unless the confinement feeding operation complies 7 with siting recommendations for such operations as 8 shall be published by Iowa state university of science 9 and technology and which are in effect when the 10 operation is constructed.> 11 2. By renumbering as necessary. By RITA HART S-3155 FILED MARCH 14, 2017 LOST S-3155 -1- SENATE FILE 448 S-3157 1 Amend Senate File 448 as follows: 2 1. Page 1, line 23, by striking By TIM KRAAYENBRINK S-3157 FILED MARCH 14, 2017 ADOPTED S-3157 -1- SENATE FILE 471 S-3136 1 Amend Senate File 471 as follows: 2 1. Page 1, before line 1 by inserting: 3 S-3136 -1- S-3136 (Continued) 1 of services offered, and a description of the manner by 2 which the agency may be contacted. 3 b. Materials that encourage consideration of 4 placement for adoption. The materials shall inform 5 the woman of the benefits of adoption, including 6 the requirements of confidentiality in the adoption 7 process, the importance of adoption to individuals and 8 society, and the state’s interest in promoting adoption 9 by preferring adoption over abortion. 10 c. Materials that contain objective information 11 describing the methods of abortion procedures commonly 12 used, the medical risks commonly associated with each 13 such procedure, and the possible detrimental physical 14 and psychological effects of abortion. 15 3. For the purposes of this section, “medical 16 emergency” means a condition which, based on the best 17 clinical judgment of the physician, necessitates 18 an abortion to preserve the life of the woman or to 19 avert a serious risk to the woman of substantial and 20 irreversible physical impairment of a major bodily 21 function.> 2322 2. Title page, line 1, after By MARK CHELGREN S-3136 FILED MARCH 14, 2017 WITHDRAWN S-3136 -2- SENATE FILE 471 S-3142 1 Amend Senate File 471 as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 S-3142 -1- S-3142 (Continued) 1 which can be given effect without the invalid provision 2 or application, and to this end the provisions of this 3 Act are severable. 4 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being 5 deemed of immediate importance, takes effect upon 6 enactment.> 7 2. Title page, by striking line 1 and inserting 8 By JAKE CHAPMAN S-3142 FILED MARCH 14, 2017 S-3142 -2- SENATE FILE 471 S-3146 1 Amend Senate File 471 as follows: 2 1. By striking page 1, line 1, through page 2, line 3 8, and inserting: 4 By PAM JOCHUM ROBERT E. DVORSKY RITA HART MATT McCOY JANET PETERSEN WILLIAM A. DOTZLER, JR. JOE BOLKCOM HERMAN C. QUIRMBACH NATE BOULTON S-3146 FILED MARCH 14, 2017 LOST S-3146 -1- SENATE FILE 471 S-3149 1 Amend Senate File 471 as follows: 2 1. Page 1, before line 1 by inserting: 3 S-3149 -1- S-3149 (Continued) 1 of services offered, and a description of the manner by 2 which the agency may be contacted. 3 b. Materials that encourage consideration of 4 placement for adoption. The materials shall inform 5 the woman of the benefits of adoption, including 6 the requirements of confidentiality in the adoption 7 process, the importance of adoption to individuals and 8 society, and the state’s interest in promoting adoption 9 by preferring adoption over abortion. 10 c. Materials that contain objective information 11 describing the methods of abortion procedures commonly 12 used, the medical risks commonly associated with each 13 such procedure, and the possible detrimental physical 14 and psychological effects of abortion. 15 3. For the purposes of this section, “medical 16 emergency” means a condition which, based on the best 17 clinical judgment of the physician, necessitates 18 an abortion to preserve the life of the woman or to 19 avert a serious risk to the woman of substantial and 20 irreversible physical impairment of a major bodily 21 function.> 22 2. Page 1, line 7, after By MARK CHELGREN S-3149 FILED MARCH 14, 2017 S-3149 -2- SENATE FILE 480 S-3151 1 Amend Senate File 480 as follows: 2 1. Page 1, before line 1 by inserting: 3 By LIZ MATHIS S-3151 FILED MARCH 14, 2017 WITHDRAWN S-3151 -1- HOUSE FILE 577 S-3156 1 Amend House File 577, as passed by the House, as 2 follows: 3 1. Page 1, before line 1 by inserting: 4 By LIZ MATHIS S-3156 FILED MARCH 14, 2017 RULED OUT OF ORDER S-3156 -1- Fiscal Note Fiscal Services Division SF 423 – Gun Crime, Bail Restriction (LSB1494SV) Analyst: Laura Book (Phone: (515) 725-0509) ([email protected]) Fiscal Note Version – New Description Senate File 423 requires that a person arrested when court is not in session, and charged with a criminal offense that includes the use of a firearm as an element of the offense, must not be released from custody on pretrial release or be eligible to post a bond and be released until making an initial appearance before a magistrate. Background Current law provides that most persons arrested when court is not in session may be released from custody pending an initial appearance before a magistrate pursuant to pretrial release guidelines, or post a bond and be released pursuant to a bond schedule. This Bill would require a person arrested for a criminal offense involving a firearm to remain in custody until the person makes an initial appearance before a magistrate. Offenses qualifying under SF 423 may include but are not limited to murder, robbery, aggravated assault, and all firearm offenses under Iowa Code chapter 724. Assumptions • The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices. • A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system. • Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $15 per day. • The FBI estimates 67.7% of murders, 41.3% of robberies, and 21.2% of aggravated assault convictions in the nation involved the use of a firearm, and it is assumed these rates are the same in Iowa. • The Bill will not have an impact on all of the people charged with crimes involving the use of a firearm. Increased jail time will depend on whether the arrest occurred while court was in session and availability of the magistrate. Impacts Minority Impact Due to a lack of data on the number of offenders who will be impacted by this Bill, a minority impact cannot be determined. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Minority Impact Memo, dated January 30, 2017, for information related to minorities in the criminal justice system. Correctional Impact This Bill expands the group of arrestees that must make an initial appearance before release, if the arrest occurs when court is not in session. As a result, some people charged with a qualifying offense under this Bill will have an increased length of stay in jail. The correctional impact is indeterminable because it is unknown how many offenders will be arrested when the court is not in session. In FY 2016, an estimated 32 murders, 41 robberies, and 1,577 assault convictions in Iowa involved the use of a firearm. Since the number of convictions is lower than the number of people charged with those offenses, this is the minimum estimate for murder, robbery, and assault charges that involve a firearm. It is unknown how many of those charges would be affected by the initial appearance requirement in this Bill. Refer to the LSA memo addressed to the General Assembly, Correctional Impact Memo, dated January 30, 2017, for information related to the correctional system. Fiscal Impact The fiscal impact of this Bill will occur at the local level and cannot be estimated at this point in time. The extra cost would be associated with increased length of stay in the county jail. The marginal cost for county jails is estimated to be $15 per day. State Mandate This Bill may include a State mandate as defined in Iowa Code section 25B.3. The Bill makes inapplicable Iowa Code section 25B.2(3), which would relieve a political subdivision from complying with a State mandate if funding for the cost of the State mandate is not provided or specified. Sources Department of Human Rights, Division of Criminal and Juvenile Justice Planning /s/ Holly M. Lyons March 14, 2017 The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.