86Th General Assembly, 2016 Session

Iowa Legislative Report 86th General Assembly, 2016 Session IA State Police Association Week 2: January 19 - 22 , 2016 Paula Feltner & Mike Heller, Lobbyists

This week it was all about the budget. – On Monday the General Assembly did not meet in honor of the Martin Luther King holiday and, thus, it was a short legislative week with relatively little action (short of bill introductions and the start of subcommittee work).

What did get underway in earnest was the legislative budget process as the various joint budget subcommittees began their work of developing the legislative response to Governor Branstad’s proposed budget. Given the expectation of a short 2016 Session and the relatively limited new money available for spending, the budget process is likely to be the primary focal point of the entire session. To that end, here are some of the significant features of the FY 17 budget proposed by Governor Branstad last week:

Highlights of Governor Branstad’s Proposed FY 17 Budget Estimated revenue for FY 16 and FY 17 (top three revenue sources):  Personal Income Tax: $4.50 billion (FY16), $4.71 billion (FY17)  Sales / Use Tax: $2.84 billion (FY16), $2.91 billion (FY17)  Corporate Income Tax: $500 million (FY16), $495 million (FY17)

Personal income taxes are by far the largest revenue source for state government, filling over 55% of the total revenue included in the general fund. Sales and use taxes contribute about 35% and corporate income tax contributes around six percent of total revenue in the general fund.

Ending balance projections:  FY 16, $172.5 million (out of a $7.24 billion budget)  FY 17, $112.0 million (out of a $7.41 billion budget)

Cash Reserve and Economic Emergency Fund projections:  FY 16, $718.7 million (nearly 10% of the total budget)  FY 17, $737.6 million (nearly 10% of the total budget)

While economic growth in the state remains somewhat positive, it has slowed and that means there is little additional revenue available for new or expanded programs. Yet, despite the tightening fiscal situation, the state maintains relatively healthy ending balances and extremely robust reserve accounts (meaning the state is well positioned to meet its obligations under most conditions).

In reaction to the budget news a brand new subcommittee introduced in the House called the BUDGET REVIEW COMMITTEE. Because of the tight state budget and in order to fund Iowans’ priorities within anticipated revenue, Appropriations Chairman Pat Grassley has tasked a bipartisan group of committee members with combing through the standings budget and questioning state departments about their spending. One of the budgets that the Legislature passes each session is the Standing Appropriations Budget, established either in Iowa Code or the Iowa Constitution. It is commonly one of the last budget bills passed each session and refers to an authority under a law given by the legislature to the executive to spend public funds for a specified purpose. A Standing appropriation is sometimes used for

1 authority extending beyond a single budget year under separate legislation. This budget, totaling nearly $3.5 billion, consists of several areas of government including funding for schools, the Legislature, and property tax credits, among other items. Outside of education funding (which is reviewed regularly by the Education committee) this budget has not been thoroughly reviewed for many years. Led by Representative Ken Rizer (R – Cedar Rapids), this subcommittee will be looking to find areas of duplication, programs that may have outlived their usefulness, and programs that aren’t serving their intended need. The subcommittee will meet twice a week at noon during session questioning various government departments and agencies. The two other members are Representative Nancy Dunkel (D – Dyersville) and Representative Mike Sexton (R – Rockwell City).

On a political note, the deadline for Political Action Committees (PACs) to file their annual off year disclosure report was on Tuesday. The PAC disclosure reports showed a virtually unprecedented amount of cash in legislative campaign committees for this stage of the election cycle. The 26 to 24 margin of Democratic control in the Senate is setting the stage for expensive campaigns in the fall. There have also been a number of House members indicating that they are going to retire and open seats can be expensive campaigns. It is unlikely that the House will change control because of the 57 to 43 margin of control that the republicans hold in that chamber, but presidential years tend to favor larger voter turnout and democratic candidates. One thing that is certain is that control of the Senate will be a priority for both political parties and the outcome will largely depend upon the outcome of a handful of races. You can also anticipate that election year politics will play a major role this session in both chambers and look for expensive, record setting legislative campaigns in the fall.

In closing, remember that the best way for you to interact with your service area legislators (Senators and House Members) during session is by signing up for their newsletters, connecting with them on social media, ATTENDING THEIR WEEKLY LOCAL FORUMS, at the local level, by attending forums. The legislature most commonly adjourns Thursday afternoon so legislators are in the district Friday and Saturday and most hold weekly forums. THE TIMES AND PLACES ARE USUALLY IN THE WEEKLY NEWSLETTERS. You can also go to the links below every week to find legislative forums by chamber or party: http://www.iowahouserepublicans.com/forums House Republicans http://iowahouse.org/events/ House Democrats http://www.iowasenatedemocrats.com/events Senate Democrats http://www.iowasenaterepublicans.com/events/ Senate Republicans

This is a great opportunity to get to know legislators, to educate them on issues important to you, and to get the latest news on what's happening at the Capitol. There is a sign in sheet at the forums and, although no one has to talk directly to a legislator – it is helpful to ask questions but not essential as they are very in tune with who and which groups attend their forums. They always mention that they saw a client and appreciated it. It lets them know you want to keep informed and interested in what they are doing on your behalf at the capitol. Of course, if you would rather, they always happy to meet you for a cup of coffee. It makes a huge difference for them to know you or recognize your face from a forum when you do approach them on a specific legislative issue. Please let us know what you are hearing!!!

Below are the bills that we are involved in on your behalf. As you can see, many have been introduced. Many are from Minority Party Members and probably won't go anywhere. Many are many gun bills, and although the House might pass some, the Senate will not. There is a bill introduced by Bruce Hunter (D – Des Moines) requiring cops to wear body cameras (HF 2048). We have attached at draft of an Anti-Racial Profiling Bill which has not appeared as filed at this point. We also know that one Representative, Kevin Koester (R – Ankeny) is advocating for 411 reform. It would be helpful to have some Ankeny police attend his forums. 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 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.

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 Study Bill 3030

3 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, 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 Senate Study Bill 3025

Senate Study Bill 3024 A study 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. 1/13/16 Subcommittee: Taylor, Kinney, Whitver 1/19/16 Subcommittee recommends passage. Senate Study Bill 3024

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

4 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 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. 20 16 Introduced, referred to Judiciary. H.J. 94. 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. 20 16 Introduced, referred to Public Safety. H.J. 94. 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. 21 16 Rereferred to Public Safety. H.J. 102. 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. 20 16 Introduced, referred to Natural Resources. H.J. 91. 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, etc

5 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.

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. 19 16 Subcommittee, Windschitl, Oldson, and Paulsen. H.J. 87. 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

6 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. 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. 21 16 Subcommittee, Holt, Heartsill, and Wolfe. H.J. 103. 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.

7 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. 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