Iowa Legislative Report
84th Iowa General Assembly, 2012
IA State Police Assoc
Week 13: April 2 – April 6, 2012
Paula Feltner & Mike Heller, Lobbyists
We are officially closing in on what we hope is the end of the session. The legislative per diem expense reimbursement ends on the 17th of this month, the 100th day of the session. It is unclear whether the session will end by then or whether we will see a continuation of last year’s lengthy session. There are a number of legislators that are facing primary challenges and that may be an added incentive to a timely adjournment.
Floor work was limited in both chambers.There are several bills that are bouncing back and forth between the House and Senate that change almost daily, but the most contentious are the dozen or more budget bills that need to be completed before we end this year’s session. Sixbudget bills are headed for conference committee: Justice Systems, Ag and Natural Resources, Judicial Branch Approps, Administration and Regulation, RIIF (Infrastructure), and Education. The chambers remain far apart on their budget numbers, with the House being substantially below the Governor’s level in most of the budgets and the Governor and the Senate being fairly close on their numbers. Allegedly, the House budget targets are at 96.5% of ongoing revenue, the Senate figures are at102% of ongoing revenue, and the Governor has recommended spending 99.5% of on-going revenue.
At this writing, with only two weeks left in the “official” session, no conference committees have been appointed. Only the Transportation Appropriations bill has been signed by the Governor. This all means that this next week there will be some obvious negotiations as we bring this year to a close and the gaps will no doubt decrease…either that or we will be here late again this year. Eventually, these differences will have to be resolved prior to adjournment, or at the very least, prior to June 30th. The biggest differences are in the Education and Human Services Budgets.
There was progress this week reaching an agreement on mental health reform which was considered a “top priority” of both parties. Additionally, much work remains on two other issues billed as “top priority” which include:
- Property tax reduction and reform
- Education reform
Several of our bills saw action this week. The House approvedHF 549 TRAFFIC CAMERA AUTHORIZATION on a 90-8 vote; the billwould ban the use of automated traffic enforcement systems. It includes a definition of such systems. It requires any current systems to be removed by July 2012 but does not invalidate the tickets issued under such a system prior to the effective date of the bill. It does not include devices operated in the presence of a police officer or those on school busses operated in the presence of the school bus driver. The House considered, and rejected, several amendments that would have allowed some traffic cameras, but added restrictions. We did not want to make the bill more palatable in the House because in it’s current state it is easier to kill in the Senate. It is already assigned to a “kill” subcommittee in the Senate Transportation Committee. The House amendments that were filed include:
Amendments to HF 2450
H-8343 by Murphy- A Strike & Replace: Scoops 50% of the fine money for the RUTF, after allowing for the costs of the traffic cameras.
H-8394 to H-8343 by Gaskill- Scoops 50% of the money for local road funds instead of the RUTF. ADOPTED
H-8343 as amended, FAILED
H-8392 by Wenthe Hall -A Strike & Replace: Adds restrictions on cameras, including additional requirements for signs and reviews by police officers, limits fines and prohibits multiple charges for the same traffic offense.
H-8396 by Isenhart - Requires that the car owner be allowed to review the video before trial. FAILED
H-8396 as amended, FAILED
H-8408 by H MillerWolfe - A Strike & Replace: Establishes a moratorium on future cameras but allows current traffic cameras to remain in place. Requires a study on the impact of cameras on accident rates. Requires a report by January 2013. FAILED
H-8333 by T Olson - Allows local governments that have existing contracts to continue those contracts until the local government is held harmless for ending the contract. FAILED
H-8334 by T Olson - Allows local governments that used the cameras prior to the effective date of the bill to continue to use the cameras if the local government certifies that the cameras have increased safety. FAILED
H-8360 by T Olson - Allows local governments that used the cameras prior to the effective date of the bill to continue to use the cameras if the local government certifies that the property taxes will rise if the cameras are discontinued. FAILED 60-39
SSB 3197 PUBLIC SAFETY TRAININGbill took up most of the week but the bill ended up a better, more well-balanced bill for public safety and with the changes all groups are moving forward together, which is our only hope of getting it through the House. Our Association position until Thursday was UNDECIDED on the bill and we stated publicly in two committee meetings that, while we supported the concept, there were too many questions about the task force members, funding, etc.
During the ensuing discussion many issues where discussed and flushed out and we are now registered in SUPPORT of the bill, as it will be amended on the floor by Senator Danielson to establish a well-balanced task force with representative of all groups ( including all the police groups by name) who have “skin in the game” and who will proceed to work this summer to come forth with a plan to set up a public safety training academy.
The bill’s fate in the House is uncertain. Senator Sodders, a democrat who is a friend of law enforcement and a sheriff, has a election against former Senator Larry McKibbon, Republican, which will be hotly contested. He is the architect of the bill and even though it is a good idea, the House Republicans might not let the bill go through for political reasons. We all still intend to work hard to get it passed the House and meet and work on the concept over the interim.
SF 2272 E911 SERVICE was favorably amended in the Senate to make changes to E911 services. It will now have to pass the Senate. In a “strike and replace amendment” the bill requires voters have a 60-day notice before a referendum to increase fees and gives providers a 60-day notice before a fee changes. The bill strikes the set-aside for wireless companies and reimburses those companies for actual expenses. It adds fees for pre-paid cell phones and creates a task force to make a report. These changes will help local governments pay for E911 services. There are challenges ahead in the House where the phone lobby will continue to be very active. We continue to work on HF 2449 with Senator Hancock re: the 911 board.That bill is now SF 2332.
Several bills of interest were sent to the Governor this week:
- SF 2208 WARRANT CONFIDENTIALITY: The bill llows a DOC or Judicial District/DCS employee to receive confidential information filed with a court about an arrest warrant if the employee is authorized by the director of the DOC. It also allows a court to make warrant information non-confidential.
- HF 2379 EXPUNGING CHARGES requires a dismissed charge or related count that results in the deferred judgment to be expunged when the deferred judgment is expunged; that is in the indictment but not related to the deferred judgment to be expunged only a court order and to not be expunged if it resulted in a conviction that was not expunged. The bill specifies that the court administrator shall maintain the deferred judgment docket and requires that upon the discharge of a person from probation for a deferred judgment, any dismissed charges will be expunged if all the restitution and financial obligations in the case have been paid. It also specifies that an expunged record is confidential from public access but allows the any person or agency that has access to the deferred judgment docket to request an expunged record.
- HF 2390 TRAFFICKING/OBSCENE MATERIALdefines human trafficking to include knowing attempts to purchase commercial sexual activity. It does not allow ignorance of the age of the victim or a belief that the victim was older as a defense. It makes it a Class D to a Class B felony to solicit commercial sexual activity and makes offenses a Tier III sex offense. It defines commercial sexual activity and defines visual depiction to include a variety of recording and storage methods and replaces references to other storage mediums in Code provisions dealing with obscenity. It makes the depiction of each victim a separate offense.
- HF 2399 SALVAGE THEFTrequires a person selling scrap metal to show an ID and give a permanent address on the first sale. It exempts certain small sales and requires salvage dealers to keep a log, available to inspection by law enforcement. It specifies that salvage does not include a car, except for the catalytic converter and requires transactions over $50 to be paid by check or electronic transfer. The bill pre-empts local ordinances and establishes penalties: 1st offense ($100); 2nd in two years ($500); 3rd in two years ($1,000). The bill Allows an ordinance in Des Moines to continue.
- HF 2226 CHILD ABUSE REGISTRY allows the DHS to remove a person from the Child Abuse Registry before 10 years after considering the severity of the abuse, the likelihood recidivism and other relevant factors. It also allows such a person to request that DHS do so. The bill establishes notice and intervention rights for victims of abuse in regards to assessments but requires DHS to only give the alleged perpetrator the right to a contested case hearing. It allows a party to a contested case to request a stay until the conclusion of legal action and requires DHS to review and report on whether a differential response should be implemented when a child abuse report is received. It requires DHS & DIA to report on the length of time for appeals and allows looking at putting an offender on for less than 10 years. The bill also removes a person from the child abuse registry if the person has not had a subsequent abuse report during the 10-year period.
- SF 2312 EMERGENCY COMMITMENTS requires ILEA to adopt rules on in-service MH first aid training for law enforcement and requires officers to do training every four years. The bill is the product of the DHS/Judicial Branch work group tasked with addressing a number of issues related to the interaction of law enforcement, the Judicial Branch, and the mental health system. The group put together a series of recommendations ranging from on-going mental health and disability services training for law enforcement officers, the ability of residential care facilities to determine whether or not to accept people referred to them by the court, clearing up conflicts within the Code on which mental health professionals may be involved in the commitment process, allowing pre-assessment screenings to be used prior to a commitment. The bill requires that the current Judicial Branch/DHS work group continue work on SA/involuntary commitment problems and requires a report by December 2012. It also directs CJJP to study a comprehensive statewide jail diversion program and to report by December 2012.
That is about if for the week. We are down to a relatively small number of bills of interest remaining alive for this session. We did see some major activity on a key bill of interest to The following is a list of bills of interest that remain alive for the 2012 session. The list is hot linked to the state system if you would like to view the details of the bills. If you have questions, please call us.
Senate File 2332A bill for an act relating to enhanced 911 emergency communication systems, including surcharges and the allocation of moneys collected from such surcharges and replacing the existing surcharge on prepaid wireless service with a new surcharge collected at the point of retail sale, and including effective and applicability date provisions. (Formerly SF 2272.) (Formerly SSB 3170.)
Apr. 05 12 / Committee report, approving bill. S.J. 741.
Sponsored by Ways & Means.
Senate File 2325
A bill for an act relating to the income tax checkoffs for the child abuse prevention program fund and the veterans trust fund and volunteer fire fighter preparedness fund, and including retroactive applicability provisions. (Formerly SSB 3196.)
Apr. 05 12 / Passed on file. H.J. 761.
Sponsored by Ways & Means.
Senate File 2316
A bill for an act relating to and making appropriations to state departments and agencies from the rebuild Iowa infrastructure fund, the technology reinvestment fund, the FY 2009 prison bonding fund, and the endowment for Iowa's health restricted capitals fund, providing for related matters, and including effective date and retroactive applicability provisions. (Formerly SSB 3181.)
Apr. 04 12 / Message from Senate. H.J. 743.
Sponsored by Appropriations.
Senate File 2315
A bill for an act relating to redesign of publicly funded mental health and disability services by requiring certain core services and addressing other services and providing for establishment of regions and including effective date and applicability provisions. (Formerly SSB 3152.)
APR. 06 12 / Representative M. Smith requested to be withdrawn as a sponsor of H-8413. H.J. 764. 764 3100 120406 N
Sponsored by Human Resources.
Senate File 2312
A bill for an act relating to persons with mental health illnesses and substance-related disorders. (Formerly SSB 3137.)
Apr. 03 12 / Message from House. S.J. 717.
Sponsored by Human Resources.
Senate File 2299
A bill for an act relating to government operations and efficiency and other related matters and including effective date provisions. (Formerly SSB 3176.)
Mar. 07 12 / Subcommittee, Danielson, Dix, and Dvorsky. S.J. 489.
Sponsored by State Government.
Senate File 2296
A bill for an act relating to the criminal offense of solicitation to commit murder and providing a penalty. (Formerly SSB 3154.) Effective 7-1-12.
Mar. 30 12 / Signed by Governor. S.J. 701.
Sponsored by Judiciary.
Senate File 2295
A bill for an act modifying the periods of time to bring civil and criminal actions relating to the sexual abuse of minors. (Formerly SF 2229.)
Apr. 03 12 / Amendments H-8406 and H-8407 filed.H.J. 732.
Sponsored by Judiciary.
Senate File 2278
A bill for an act establishing a public safety training and equipment trust fund and providing for appropriations of moneys in the fund. (Formerly SF 2204.)
Mar. 01 12 / Subcommittee, Dvorsky and Dix. S.J. 425.
Sponsored by State Government.
Senate File 2263
A bill for an act relating to fire protection and emergency medical services, including tax credits, service charges, and applicability provisions. (Formerly SSB 3179.)
Feb. 28 12 / Subcommittee, Quirmbach, Black, and Chelgren. S.J. 395.
Sponsored by State Government.
Senate File 2218
A bill for an act relating to school bus safety, including providing penalties for failure to obey school bus warning lamps and stop signal arms, providing for a school bus safety study and administrative remedies, and making an appropriation. (Formerly SF 2021.) Effective 3-16-12.
Mar. 16 12 / Signed by Governor. S.J. 605.
Sponsored by Judiciary.
Senate File 2208
A bill for an act relating to the confidentiality of an arrest warrant. (Formerly SSB 3026.)
Apr. 03 12 / Message from Senate. H.J. 730.
Sponsored by Judiciary.
Senate File 2173
A bill for an act authorizing the imposition of certain charges for fire protection and emergency medical services. (Formerly SF 2012.)
Mar. 13 12 / Subcommittee, Jochum, Bartz, and Mathis. S.J. 547.
Sponsored by State Government.
Senate File 2123
A bill for an act making changes to the controlled substance schedules, and making penalties applicable. (Formerly SSB 3041.)
Apr. 04 12 / Fiscal note. SCS.
Sponsored by Human Resources.
Senate File 2049
A bill for an act providing an exemption from the computation of the state individual income tax of all pay, including retirement pay, received from the federal government for military service and including retroactive applicability provisions.
Jan. 30 12 / Subcommittee, Bolkcom, Quirmbach, and Smith. S.J. 136.
Sponsored by Ernst.
Senate File 2015
A bill for an act providing volunteer fire fighters and emergency medical services personnel with an individual income tax credit and including related appropriations from the taxpayers trust fund, and including applicability provisions.
Jan. 18 12 / Subcommittee, Bolkcom, Dotzler, and Feenstra. S.J. 85.
Sponsored by Hancock.
Senate File 430
A bill for an act relating to violations of the open records and public meetings laws and the creation of the Iowa public information board, and including fee and effective date provisions. (Formerly SF 246.)
Apr. 02 12 / Amendment H-8405 filed. H.J. 714.
Sponsored by State Government.
Senate File 413
A bill for an act relating to financial responsibilities of local emergency management commissions. (Formerly SSB 1156.)
Apr. 03 12 / Message from Senate. H.J. 730.
Sponsored by State Government.
Senate File 365
A bill for an act relating to the placement of a juvenile on youthful offender status in district court. (Formerly SSB 1043.)
Mar. 20 12 / Senate amendment H-8303 filed. H.J. 614.
Sponsored by Judiciary.
House File 2450
A bill for an act prohibiting the use of automated traffic law enforcement systems, and including effective date provisions. (Formerly HF 2214) (Formerly HF 2048)
Apr. 04 12 / Read first time, referred to Transportation. S.J. 720.
Sponsored by Appropriations.
House File 2449
A bill for an act relating to government operations and efficiency, school elections, eliminating certain tax credits, and including effective date and applicability provisions. (Formerly HF 2434) (Formerly HSB 645)
Apr. 02 12 / Amendments H-8400 and H-8403 filed.H.J. 714.
Sponsored by Ways & Means.
House File 2399
A bill for an act relating to scrap metal transactions, prohibiting certain sales, and providing penalties. (Formerly HSB 603)
Apr. 05 12 / Immediate message. H.J. 761.
Sponsored by Public Safety.
House File 2390
A bill for an act relating to obscene material, commercial sexual activity, and human trafficking, and providing penalties and making penalties applicable. Effective 7-1-12.
Apr. 04 12 / Signed by Governor. H.J. 755.
Sponsored by Judiciary.
House File 2379
A bill for an act relating to expunging certain criminal records, and including applicability provisions. Effective 7-1-12.
Apr. 04 12 / Signed by Governor. H.J. 755.
Sponsored by Judiciary.
House File 2345
A bill for an act relating to the factors considered by the court in a determination of the best interest of the child in custody arrangements. (Formerly HF 2076)
Mar. 21 12 / Amendment S-5117 filed. S.J. 645.
Sponsored by Human Resources.
House File 2335
A bill for an act relating to appropriations to the justice system, and providing effective dates.
Mar. 27 12 / Message from House. S.J. 668.
Sponsored by Appropriations.
House File 2274
A bill for an act relating to property taxation and local government budgets by increasing the regular program foundation base percentage, establishing a property tax exemption for certain commercial and industrial property, establishing and modifying property assessment limitations, providing for certain property tax replacement payments, modifying the assessment and taxation of telecommunications company property, establishing budget limitations for counties and cities, eliminating certain reporting requirements, making appropriations, and including effective date and applicability provisions. (Formerly HSB 519)
Feb. 20 12 / Subcommittee, Bolkcom, Feenstra, and Quirmbach. S.J. 284.
Sponsored by Ways & Means.
House File 2228
A bill for an act relating to requirements for a motor vehicle operator to have control of the vehicle at all times and to change lanes or reduce speed in spcific situations, and providing penalties. (Formerly HSB 526)
Mar. 29 12 / Message from House. S.J. 690.
Sponsored by Public Safety.
House File 2226
A bill for an act relating to child abuse reports and disposition data. (Formerly HSB 510)
Apr. 02 12 / Message from House. S.J. 697.
Sponsored by Human Resources.
House File 2168
A bill for an act relating to the authorized deposit of public funds. Effective 7-1-12.
Apr. 04 12 / Signed by Governor. H.J. 755.
Sponsored by Commerce.
House Joint Resolution 2009
A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to an individual's right to acquire, keep, possess, transport, carry, transfer, and use arms. (Formerly HJR 2005)
Mar. 05 12 / Subcommittee, Fraise, Dvorsky, and Sorenson. S.J. 447.
Sponsored by Public Safety.
House Joint Resolution 2006
A joint resolution proposing amendments to the Constitution of the State of Iowa relating to state budgeting by creating a state general fund expenditure limitation, providing for a taxpayers relief fund, requiring authorization for certain bonds, and restricting certain state revenue changes. (See Cmte. Bill HJR 2010)
Feb. 15 12 / Subcommittee, Rogers, T. Olson, and Wagner. H.J. 278.
Sponsored by Paulsen, Upmeyer, Alons, Anderson, Arnold, Baltimore, Baudler,
House Joint Resolution 10
A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to term limits for members of the general assembly.
Sponsored by Moore, Wolfe, Kelley, Klein, Jorgensen,
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