Iowa State Police Association

Iowa Legislative Report 87th General Assembly, 2018 Session Iowa State Police Association Week 3: January 22nd – January 26th, 2018 Paula Feltner and Mike Heller, Lobbyists

Week three at the Capitol saw a large number of bills introduced and days were full of subcommittees, committee meetings, and legislative meetings with constituents visiting the hill. It closed with the introduction of a de-appropriation bill for this fiscal year.

This year revenue estimates indicate revenue will fall $35 million below the spending levels planned by the legislature last year. This estimate is approximately $127 million less than was estimated in March of last year. As a result, this week the Senate began to move a bill, SF2117, to reduce state spending in the current fiscal year. Simply put, legislators need to go into the current budget and take money back from many of the state departments. The bill was passed out of Senate Appropriations Committee Thursday afternoon and is now ready for debate by the full Senate.

The Senate bill makes bigger cuts than those proposed by Governor Reynolds, who proposed about $19.4 million in de-appropriations, $10 million in Medicaid reductions and some other revenue adjustments. The Senate bill cuts about $52 million in spending through cuts, including $19.3 million for the three state universities ($8.7 million from the UI, $6.9 million from ISU and $3.7 million from UNI), $5.4 million from the community colleges, about $10 million of the Department of Human Services and $3.8 million for the Judicial Branch. The Department of Education will get a $1.7 million cut. Reynolds proposed $5.1 million for the Regents, $1.8 million for community colleges and $1.6 million for the Judicial Branch. The Senate bill also makes bigger cuts to economic development than proposed by Governor Reynolds, and it scoops some economic development funds. The Senate bill includes two supplemental appropriations but spends about $300,000 less on Indigent Defense spending than the Governor’s proposal.

Of interest to law enforcement, the Senate bill reduces the Governor's office of drug control policy by $6,174; the department of public defense by $177,579; the department of homeland security and emergency management by $57,390: the department of public safety by $300,000, the attorney general by $378,471; and the Judicial branch by $4,835,445. The bill requires the department of management, in consultation with the departments and agencies and the judicial branch, to identify and implement the reductions and to file a report with the legislature within 15 days of the effective day of the bill listing the appropriation reductions applied.

The House is also working on a de-appropriations bill although the details of the plan have not been made public. Speaker Upmeyer has said that the House members are also likely to make larger cuts than those proposed by Governor Reynolds. Both chambers and the Governor have agreed at this point that K-12 schools and Medicaid would remain untouched by the de-appropriations bill. The Chairperson of the House Judiciary Committee, Representative Chip Baltimore, was arrested for driving while intoxicated and for possessing a firearm while intoxicated. Baltimore has a carry permit, but such permits are invalid if the holder is intoxicated. Baltimore is in his fourth term. Speaker Upmeyer has removed Baltimore as the chair of Judiciary and replaced him with Representative Zack Nunn. Nunn is currently the Majority Whip. Baltimore will remain on the committee, and Representative Nunn will remain the Majority Whip. Many of our bills of interest go through the Judiciary Committee.

Traffic cameras continue to be a subject for legislation in the Iowa Legislature. House and Senate subcommittees have voted to advance different bills on traffic cameras, with a Senate subcommittee voting to 3-0 to move SSB3025 TRAFFIC CAMERA BAN forward and the House subcommittee voting 2-1 to move SF220 TRAFFIC CAMERA CONTROLS forward. Senator Zaun is the chair for the subcommittee on SSB 3025 and managed SF 220 last session. SF 220 started as a bill to ban automated traffic devices, but the full Senate amended it to regulate automated traffic devices instead. Zaun voted against SF 220 on the final passage. Under SF 220, local governments would be prohibited from placing automated traffic law enforcement devices without self-certifying the need for such devices, and the placement would need to be done according to DOT rules. The bill also limits the use of the funds collected through automated traffic devices and imposes additional testing and reporting requirements. The bill establishes an appeals process and allows for referendums on the removal of such devices. Last session, the Senate approved the SF 220 on a 31-18 vote. The full House Transportation Committee voted the bill out of committee on a 13- 8 vote. This week House Local Government Committee: Voted Out (2) HSB 512 TRAFFIC CAMERA BAN which prohibits the state or local governments from using automated traffic enforcement devices and requires use of such devices to be discontinued by July 2018.

Eight cities (Cedar Rapids, Council Bluffs, Davenport, Des Moines, Fort Dodge, Muscatine, Sioux City and Windsor Heights) and one county (Polk) operate 79 speeding and red light ATEs. The DOT ordered nine of those devices removed in January 2014, but only two were removed and the rest are in use pending lawsuits. It is estimated that in FY 2016, about 228,000 citations were paid, out of 334,000 citations issued and that the cities and county collected about $13.67 million in revenue, with vendors collecting about $6.44 million.

Three other bills of interest were voted out of subcommittee: *HF 2013 RECORDS FOR PUBLIC DEFENDERS requires that copies of various records be given to a public defender, or designee, at no cost. Includes police reports, photos, transcripts, DHS reports and audio or video tapes or files. * A subcommittee was held on Tuesday to consider HSB 521, a bill that would allow cities to contract with the Iowa Department of Public Safety for law enforcement protection. The Iowa Association of Counties registered Against HSB 521 based on the lack of need for this capability as many small communities already have existing unified law enforcement agreements with counties with services provided by the county sheriff. After discussion, the bill failed to advance out of subcommittee.

2 *House Public Safety Committee voted out HSB518 DRONES OVER PRISONS which makes it a Class D felony to knowingly operate an aerial drone over a prison or jail, holding and detention facilities or over any facility managed by the DOC.

Legislators finished the work week on Thursday before heading back to their districts. Neither chamber met on Friday. Many will be holding legislative forums this weekend.

To find out who your two Legislators are, go to “FIND YOUR LEGISLATOR” at https://www.legis.iowa.gov/legislators/find. Enter your address on the right side of the page and you will get both your State Representative and your State Senator. Click the two names and you will be taken to a site where you can find out all kinds of information about each person (district, home address, home phone, committees, etc). YOU CAN ALSO SIGN UP FOR THEIR WEEKLY NEWSLETTERS AND ANNOUNCEMENTS.

Attend Legislative forums in your district! The legislature most commonly adjourns Thursday afternoon so legislators are in the district Friday and Saturday and most hold weekly forums each Friday and/or Saturday. THE TIMES AND PLACES ARE USUALLY IN EACH LEGISLATIVE WEEKLY NEWSLETTER. This is a great opportunity to get to know them, to educate them on issues important to you, to get to know them, 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, they are very in tune with who and which groups attend their forums. You can also go to the links below every Wednesday to find legislative forums by chamber or party: that are vital to counties. A link to these forums can be found here http://www.iowahouserepublicans.com/forums http://iowahouse.org/forums/ http://www.senate.iowa.gov/democrats/events/ http://www.iowasenaterepublicans.com/events/

Name Title Note HF 164 A bill for an act requiring search warrants for certain activities under the jurisdiction of the natural resource commission. HF 2009 A bill for an act relating to the disclosure of personal identifying SUPPORT information of prescribing practitioners contained in the information program for drug prescribing and dispensing. HF 2011 A bill for an act relating to motor vehicle operating records pertaining to SUPPORT arrests, convictions, and driver’s license revocations for operating-while- intoxicated offenses. HF 2012 A bill for an act relating to search warrants issued in the investigation of SUPPORT operating-while-intoxicated violations. HF 2015 A bill for an act relating to the administration of portable breath tests in operating-while-intoxicated cases, including the use of test results in court actions.

3 HF 2022 A bill for an act relating to impoundment and immobilization of motor SUPPORT vehicles involved in operating-while-intoxicated offenses, and providing penalties. HF 2023 A bill for an act relating to operating-while-intoxicated offenses causing death or serious injury, and providing penalties. HF 2028 A bill for an act relating to motor vehicles approaching stationary motor SUPPORT vehicles displaying emergency signal lamps, and providing penalties.

HF 2038 A bill for an act relating to the nonreversion or reallocation of moneys NEW BILL appropriated to state departments, institutions, or agencies.

HF 2039 A bill for an act providing an extended period for appeals to city civil NEW BILL service commissions in circumstances involving a criminal conviction.

HF 2049 A bill for an act relating to continuation of health care coverage for certain NEW BILL - surviving spouses and children of peace officers killed in the line of duty, SUPPORT and including applicability provisions. HF 2054 A bill for an act relating to the limitations of criminal actions in kidnapping NEW BILL offenses, and providing penalties. HF 2059 A bill for an act relating to the presence of a sex offender upon the real NEW BILL property of a public or nonpublic elementary or secondary school.

HF 2060 A bill for an act relating to computation of overtime for state employees NEW BILL who serve as volunteer emergency services providers.

HF 2066 A bill for an act relating to the expungement of simple misdemeanor NEW BILL offenses. HF 2067 A bill for an act relating to the possession, delivery, or possession with NEW BILL intent to deliver marijuana, and providing penalties.

HF 2074 A bill for an act relating to driver’s license suspensions and revocations for NEW BILL operating-while-intoxicated offenses. HF 2075 A bill for an act prohibiting the manufacture, possession, shipment, NEW BILL transportation, or receipt of a multi-burst trigger activator, and providing penalties. HF 2080 A bill for an act providing for the issuance and display of one motor vehicle NEW BILL registration plate. HF 2091 A bill for an act relating to electronic and mechanical eavesdropping. NEW BILL

HF 2094 A bill for an act relating to the possession of contraband in or on the NEW BILL grounds of a community-based correctional facility, and providing penalties.

4 HF 2095 A bill for an act limiting campaign contributions to certain candidates and NEW BILL making civil and criminal penalties applicable. HF 2097 A bill for an act relating to the taxation under the state corporate income NEW BILL tax, franchise tax, and insurance companies tax of compensation paid by a publicly held corporation to its chief executive officer, and including applicability provisions. HF 2107 A bill for an act relating to employee organization elections administered NEW BILL by the public employment relations board and including effective date and applicability provisions. HF 2109 A bill for an act requesting an interim committee relating to confidentiality NEW BILL provisions under Iowa’s open records law. HF 2113 A bill for an act relating to the state’s workers’ compensation laws by NEW BILL modifying alternate care procedures for medical treatment, creating registries of physicians who treat and evaluate work-related injuries, providing for the retention of a medical director, creating a state workplace injury care providers registry fund, establishing a workers’ compensation advisory council, providing for and appropriating fees, and including effective date provisions.

HF 2114 A bill for an act relating to criminal identification files of law enforcement NEW BILL agencies and immigration status information. HF 2118 A bill for an act prohibiting the use of automated or remote systems for NEW BILL traffic law enforcement, requiring the removal of existing systems, and OPPOSE including effective date provisions. (Formerly HSB 512.)

HJR 2003 A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim. HSB 507 A bill for an act relating to the criminal offenses of the illegal use of a SUPPORT scanning device or encoding machine and criminal mischief in the third degree, and providing penalties. HSB 518 A bill for an act relating to operating an unmanned aerial vehicle in, on, or SUPPORT above a county jail, municipal holding facility, detention facility for juveniles, or institution under the management of the department of corrections, and providing penalties.

HSB 519 A bill for an act relating to the real-time transmittal of information to the SUPPORT prescription monitoring program by licensed pharmacies and including effective date provisions. HSB 520 A bill for an act relating to the issuance of prescriptions for an opiate that is a schedule II controlled substance and making penalties applicable.

5 HSB 521 A bill for an act relating to peace officers of the department of public SUPPORT safety exercising the general powers of a peace officer in cities without a permanent police force. HSB 522 A bill for an act relating to information reporting to the information SUPPORT program for drug prescribing and dispensing. HSB 523 A bill for an act relating to requirements for specific digital content- blocking capabilities of products manufactured, distributed, or sold in the state that make the internet accessible, providing for the collection and remittance of fees, and providing for criminal and civil liability for certain violations of the Act.

HSB 525 A bill for an act relating to asset forfeiture by eliminating state civil OPPOSE forfeiture and limiting the transfer of seized cash or property to federal law enforcement agencies or other federal authorities for federal civil forfeiture. HSB 526 A bill for an act modifying certain provisions relating to personal information security breach protection. HSB 535 A bill for an act relating to texting or using a mobile telephone while operating a commercial motor vehicle, providing penalties, and making penalties applicable. HSB 537 A bill for an act relating to department of transportation employees designated as peace officers, and including effective date provisions.

HSB 541 A bill for an act relating to kidnapping in the second degree, and providing penalties. HSB 543 A bill for an act relating to the definition of dangerous weapons to include simulated firearms. HSB 547 A bill for an act relating to the temporary emergency removal of a child from the child’s home and background investigations on adult persons with whom a child is placed, and providing fees. HSB 552 A bill for an act relating to 911 emergency telephone and internet communication systems, making appropriations, and including effective date provisions. HSB 553 A bill for an act relating to an ex parte court order authorizing the interception of wire, oral, or electronic communications by special state agents. HSB 555 A bill for an act relating to sexually violent predators, the accumulation of earned time by offenders, and providing penalties.

HSB 569 A bill for an act creating a capital murder offense by establishing the NEW BILL penalty of death for murder in the first degree, and including effective date and applicability provisions.

6 HSB 577 A bill for an act relating to the criminal offense of lascivious conduct with a NEW BILL minor or child, and providing penalties. SF 2003 A bill for an act allowing the display of one registration plate on the rear of certain older, reconstructed, and specially constructed motor vehicles.

SF 2024 A bill for an act relating to recording custodial interrogations in a criminal or juvenile case. SF 2025 A bill for an act relating to carrying or possessing a dangerous weapon when entering real property if a written notice forbidding such entry has been conspicuously posted, and providing penalties.

SF 2037 A bill for an act relating to the minimum standard of transparency for motor vehicle window tint, providing penalties, and making penalties applicable. SF 2044 A bill for an act relating to firearm prohibitions in county courthouses by the supreme court or judicial branch. SF 2051 A bill for an act relating to peace officers, reserve peace officers, and SUPPORT federal officers going armed with, carrying, or transporting a firearm on school grounds. (Formerly SF 2010.) SF 2062 A bill for an act relating to mandatory reporters of child abuse.

SF 2066 A bill for an act requiring the department of human services to facilitate a workgroup study relating to certain mandatory reporter training and certification requirements. SF 2067 A bill for an act relating to lighted headlamps on motor vehicles, and making penalties applicable. SF 2073 A bill for an act concerning special service members of the Iowa public NEW BILL employees’ retirement system by establishing a deferred retirement option plan and including public safety telecommunicators in the protection occupation category. SF 2095 A bill for an act concerning the employment of unauthorized aliens and NEW BILL human trafficking and providing penalties and other sanctions and appropriations. SF 2097 A bill for an act relating to the legal age relating to the purchase, NEW BILL possession, or use of tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, and including effective date and applicability provisions. SF 2104 A bill for an act relating to going armed with, carrying, or transporting a NEW BILL firearm in a county courthouse, and including effective date provisions.

SF 2105 A bill for an act relating to the possession of contraband in or on the NEW BILL grounds of a community-based correctional facility, and providing penalties. 7 SF 2106 A bill for an act relating to carrying and possessing weapons and acquiring NEW BILL pistols and revolvers, including penalties and applicability provisions.

SF 2109 A bill for an act exempting all retirement income from the individual NEW BILL income tax and including retroactive applicability provisions.

SF 2117 A bill for an act relating to public funding and regulatory matters and NEW BILL making, reducing, transferring, and supplementing appropriations for expenditures in the fiscal year beginning July 1, 2017, and including effective date provisions. (Formerly SSB 3089.)

SF 360 A bill for an act relating to the newborn safe haven Act. (Formerly SF 183.)

SF 481 A 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.) SJR 2002 A joint resolution proposing an amendment to the Constitution of the NEW BILL State of Iowa relating to public retirement systems. SSB 3006 A bill for an act relating to the definition of dangerous weapons to include SUPPORT simulated firearms. SSB 3008 A bill for an act relating to the criminal offense of manufacturing, SUPPORT delivering, selling, or possessing drug paraphernalia by exempting hypodermic needles or syringes delivered, sold, or possessed through an approved needle exchange program. SSB 3018 A bill for an act modifying certain criminal acts involving payment cards, SUPPORT and including penalties. SSB 3024 A 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. SSB 3025 A bill for an act prohibiting the use of automated or remote systems for OPPOSE traffic law enforcement, requiring the removal of existing systems, and including effective date provisions. SSB 3026 A bill for an act relating to kidnapping in the second degree, and providing penalties. SSB 3032 A bill for an act relating to an ex parte court order authorizing the interception of wire, oral, or electronic communications by special state agents. SSB 3034 A bill for an act relating to sexually violent predators, the accumulation of earned time by offenders, and providing penalties.

SSB 3040 A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim.

8 SSB 3041 A bill for an act relating to the criminal offense of lascivious conduct with a minor or child, and providing penalties. SSB 3042 A bill for an act creating a capital murder offense by establishing the penalty of death for murder in the first degree of a peace officer, and including effective date and applicability provisions. SSB 3044 A bill for an act relating to the failure to wear a motor vehicle safety belt or safety harness. SSB 3045 A bill for an act relating to the penalties for the commission of sexual misconduct with juveniles, and including effective date provisions.

SSB 3048 A bill for an act relating to amber, blue, and white lighting devices and NEW BILL reflectors on motor vehicles and equipment owned by the department of transportation and used for snow and ice treatment or removal.

SSB 3049 A bill for an act relating to texting or using a mobile telephone while NEW BILL operating a commercial motor vehicle, providing penalties, and making penalties applicable. SSB 3050 A bill for an act relating to department of transportation employees NEW BILL designated as peace officers, and including effective date provisions.

SSB 3059 A bill for an act relating to the expungement of records of certain NEW BILL misdemeanor offenses. SSB 3062 A bill for an act relating to criminal acts committed on or against critical NEW BILL infrastructure property and providing penalties. SSB 3071 A bill for an act relating to the Iowa prescription monitoring program, NEW BILL including by establishing an advisory committee, authorizing a registration surcharge, expanding information collection and reporting requirements, and making penalties applicable.

SSB 3073 A bill for an act relating to controlled substances and precursor NEW BILL substances, including provisions relating to the registration of persons who manufacture, distribute, or dispense controlled substances, adding substances to the controlled substance schedules, expanding the list of precursor substances for which reporting is required, providing penalties, and including effective date provisions.

SSB 3081 A bill for an act relating to retaining forfeited or abandoned ammunition NEW BILL and firearms by a local law enforcement agency.