86Th Iowa General Assembly

Iowa Legislative Report

86th Iowa General Assembly

2015 session

IA State Police Association

Week 7: February 23 – February 27, 2015

Paula Feltner & Mike Heller, Lobbyists

Week seven of the 86th General Assembly was primarily dedicated to sub--committee activity to set things up for the first funnel next week, that date (this year March 6th) established by rule when House bills need to be passed out of House full standing committees and Senate bills need to pass out of the Senate full standing committees to remain eligible this session. Tuesday, however was historic as a 10 cent increase was passed in Iowa’s fuel tax for the first time since 1989. Late Tuesday morning it passed the Senate on a 28 to 21 vote. Minutes later the House took up the bill and passed it on a 53 to 46 vote in the early afternoon. The Governor signed the bill on Wednesday and the ten-cent a gallon tax will go into effect on Sunday, March 1. Despite how rapidly it passed it was not without considerable controversy within both parties. It remains to be seen whether the controversy will carry over to other issues.

The details of the fuel tax bill are: SF 257 FUEL TAX INCREASE

Intent: States the intent that the increase shall be used for critical needs.

Debts: Allows counties to use funding from RUTF to pay for bonds for road and bridge projects but does not allow the repayment schedule to exceed the lifespan of the project.

Truck Fees: Increases various truck permit fees as of January 2016.

Taxes: Increases the gas tax and the tax on liquefied or compressed natural gas by 10-cents a gallon and the tax on aviation fuel by 2-cents a gallon. Establishes a schedule for blended special biodiesel fuel. Sunsets the formula as of 2020 and requires legislative review every six years. Makes the tax increase effective on the first day of the month after the bill is approved.

Access Iowa: Extends the designation and funding priority for Access Iowa highways until 2025.

Inventory: Exempts existing supplies from the inventory tax.

Other: Requires the DOT to identify $10 million in efficiencies in the next two fiscal years.

According to Legislative Service Agency estimates, SF 257 will increase revenues to the RUTF by $36.8 million in FY15 and by about $200 million a year in later fiscal years. Most of the increase is due to fuel tax increase, but the bill also raises various truck permit fees. The bill increases the charge for all-systems permits from $120 to $160, for annual permits from $25 to $50, for annual oversize/overweight permits from $300 to $400 and for a single round-trip permit from $10 to $35. SF 257 also includes provisions that do not allow RUTF funds to be used to pay for debt service or the principal of bonds, that extend the designation and funding priority for Access Iowa highways until 2025, that require the DOT to identify $10 million in efficiencies in the next two fiscal years. The bill also includes intent language that says that the increased collections should be used to meet the critical unmet road and bridge needs.

This last week the Iowa Supreme Court ruled that automated traffic enforcement does not violate the due process clause of the Iowa or the US constitution, or other constitutional or statutory provisions in City of Sioux City v Michael Jon Jacobsma (No 13–1502). Jacobsma filed the challenge in response to a ticket he received as the owner of a car photographed for traveling 67 mph in a 55 mph zone. He said that reversing the burden of proof by requiring him to prove he was not the driver is unconstitutional.

The Supreme Court ruled against him in part because automated traffic tickets are a civil penalty and not a criminal penalty. Justice Appel, writing for a unanimous court, wrote “most state and federal cases have upheld challenges to automated traffic enforcement systems from a variety of due process attacks.” The court found that the challenge to the ticket “under the inalienable rights clause in this case, like his due process claim, is without merit” and that the city ordinance was not pre-empted by state law.

Two bills supported by the association DID see committee action this week. The House Public Safety committee voted out HF 54 CELL PHONE INFORMATION (also called the Kelsey Smith Law) which requires wireless service providers to give the location of a cell phone to law enforcement in emergency situations such as a kidnapping or missing person. ISPA is registered in favor of this bill.

The Police Officer Indemnification bill, Senate File , was passed out of subcommittee and is scheduled for committee debate Monday at 5:00. Board Member did an excellent job at subcommittee explaining why we need the bill. PLEASE CONTACT YOUR SENATOR TO ASK HIM/HER TO SUPPORT THIS BILL.

Below are the bills that we are involved in on your behalf. The bills are “hotlinked” if you would like to view the entire bill or of course all bills may be accessed on the legislative website at www.legis.iowa.gov. If you have questions, please contact us.

Senate File 336
A bill for an act relating to civil protective orders in sexual abuse cases, and mak-
ing penalties applicable. (Formerly SF 237.)
Feb. 26 15 / Committee report, approving bill. S.J. 403.
Sponsored by Judiciary.
Senate File 320
A bill for an act relating to civil liability of a manufacturer or distributor of a synthetic
cannabinoid.
Feb. 26 15 / Subcommittee, Hogg, Garrett, and Sodders. S.J. 400.
Sponsored by Hogg.
Senate File 319
A bill for an act relating to the possession of a pistol, revolver, or ammunition by a
person under fourteen years of age.
Feb. 26 15 / Subcommittee, Quirmbach, Horn, and Schneider.
S.J. 400.
Sponsored by Schultz.
Senate File 316
A bill for an act relating to carrying a firearm while operating or riding an all-terrain vehicle.
Feb. 26 15 / Introduced, referred to Transportation. S.J. 394.
Sponsored by Schultz.
Senate File 312
A bill for an act relating to human trafficking and including a penalty provision.
Feb. 26 15 / Subcommittee, Petersen, Kinney, and Schneider.
S.J. 400.
Sponsored by Petersen, Hart, Dvorsky and Jochum.
Senate File 309
A bill for an act relating to the compilation of a presentence investigation report in a
criminal proceeding. (Formerly SSB 1186.)
Feb. 25 15 / Committee report, approving bill. S.J. 389.
Sponsored by Judiciary.
Senate File 307
A bill for an act creating a disaster case management grant fund and program.
Feb. 26 15 / Subcommittee, Allen, Chelgren, and Dotzler.
S.J. 400.
Sponsored by Mathis.
Senate File 304
A bill for an act relating to serving an arrest warrant by a bailiff or security personnel
at a courthouse.
Feb. 26 15 / Subcommittee, Horn, Taylor, and Whitver. S.J. 400.
Sponsored by Smith.
Senate File 300
A bill for an act relating to an assault that occurs between persons in an intimate
relationship and the crime of domestic abuse assault and making penalties
applicable. (Formerly SF 138.)
Feb. 24 15 / Committee report, approving bill. S.J. 378.
Sponsored by Judiciary.
Senate File 296
A bill for an act relating to the unauthorized placement of a global positioning device,
and providing penalties.
Feb. 24 15 / Subcommittee, Sodders, Hogg, and Schneider. S.J. 375.
Sponsored by Mathis.
Senate File 282
A bill for an act reclassifying marijuana, including tetrahydrocannabinols, from a
schedule I controlled substance to a schedule II controlled substance.
Feb. 19 15 / Subcommittee, Bolkcom, Dotzler, and Johnson.
S.J. 335.
Sponsored by Bolkcom.
Senate File 277
A bill for an act providing an exemption from the computation of the individual income
tax of certain amounts of retirement income and including applicability provisions.
Feb. 24 15 / Subcommittee, Quirmbach, Petersen, and Smith.
S.J. 375.
Sponsored by Smith, Rozenboom, Johnson, Schultz, Garrett, Breitbach, Kapucian,
Senate File 267
A bill for an act relating to privileged communications between certain peer support
group counselors and officers. (Formerly SSB 1163.)
Feb. 18 15 / Committee report, approving bill. S.J. 328.
Sponsored by Judiciary.
Senate File 264
A bill for an act relating to access to local exchange service information. (Formerly
SSB 1025.)
Feb. 18 15 / Committee report, approving bill. S.J. 327.
Sponsored by Judiciary.
Senate File 263
A bill for an act relating to the operation of a rescue vehicle when responding to an
emergency.
Feb. 23 15 / Subcommittee, Danielson, Brase, and Breitbach.
S.J. 343.
Sponsored by Schneider and Whitver.
Senate File 261
A bill for an act exempting individuals of a certain age from the individual income tax,
and including effective date and retroactive applicability provisions.
Feb. 18 15 / Subcommittee, Quirmbach, Bolkcom, and Feenstra.
S.J. 325.
Sponsored by Chelgren.
Senate File 250 SUPPORT – RESOLUTION #4
A bill for an act relating to indemnification of peace officers.
Feb. 23 15 / Subcommittee, Taylor, Quirmbach, and Whitver.
S.J. 343.
Sponsored by Sodders.
Senate File 239
A bill for an act creating the penalty of death for the commission of the multiple offense
of murder in the first degree, kidnapping, and sexual abuse against the same minor,
providing a penalty, and including effective date and applicability provisions.
Feb. 17 15 / Subcommittee, Horn, Garrett, and Hogg. S.J. 313.
Sponsored by Behn, Chelgren, Garrett, Kapucian, Guth, Chapman, Feenstra, Zaun and
Senate File 238
A bill for an act relating to prisoner charges and expenses.
Feb. 24 15 / Passed subcommittee.
Sponsored by Sodders.
Senate File 222
A bill for an act relating to the disposition of seized firearms or ammunition. (Formerly
SSB 1010.)
Feb. 11 15 / Committee report, approving bill. S.J. 285.
Sponsored by Judiciary.
Senate File 221
A bill for an act providing access and communication through the Iowa communi-
cations network between local law enforcement agencies, E911 public safety
answering points, and related facilities. (Formerly SF 20.)
Feb. 11 15 / Committee report, approving bill. S.J. 285.
Sponsored by Judiciary.
Senate File 219
A bill for an act relating to the possession of marijuana, and providing a penalty.
(Formerly SSB 1121.)
Feb. 26 15 / Read first time, referred to Public Safety. H.J. 423.
Sponsored by Judiciary.
Senate File 215 SUPPORT
A bill for an act providing for the development of a mandatory defined contribution
pension plan for certain public employees.
Feb. 12 15 / Subcommittee, Dvorsky, Dearden, and Feenstra.
S.J. 294.
Sponsored by Zaun, Chelgren, Feenstra, Behn, Rozenboom, Sinclair and Schultz.
Senate File 213
A bill for an act increasing the speed limit on the interstate road system.
Feb. 12 15 / Subcommittee, Brase, Feenstra, and Horn. S.J. 294.
Sponsored by Zaun, Behn, Schultz, Chelgren, Feenstra, Rozenboom and Sinclair.
Senate File 208 SUPPORT
A bill for an act concerning local ordinances regulating access to wine, beer, and
liquor control licensed establishments by any person nineteen years of age or older.
Feb. 17 15 / Subcommittee, Bolkcom, Bertrand, and Petersen
. S.J. 312.
Sponsored by Horn and Bertrand.
Senate File 206
A bill for an act relating to the display of motor vehicle registration plates.
(Formerly SF 68.)
Feb. 25 15 / Read first time, referred to Transportation.
H.J. 411.
Sponsored by Transportation.
Senate File 188 SUPPORT
A bill for an act providing for appropriations to the statewide fire and police retire-
ment system and including effective date provisions. (Formerly SSB 1126.)
Feb. 17 15 / Subcommittee, Dvorsky, Courtney, and
Kraayenbrink. S.J. 312.
Sponsored by State Government.
Senate File 185
A bill for an act relating to reserve peace officers approved and certified to carry
weapons in the line of duty and nonprofessional permits to carry weapons.
Feb. 11 15 / Subcommittee, Horn, Hogg, and Zaun. S.J. 283.
Sponsored by Zaun.
Senate File 181
A bill for an act to provide that peace officers and retired peace officers qualify as
classroom driver education instructors. (Formerly SSB 1003.)
Feb. 11 15 / Subcommittee, Dvorsky, Quirmbach, and Schultz.
S.J. 283.
Sponsored by Judiciary.
Senate File 180 SUPPORT
A bill for an act relating to the refusal to submit to a chemical test of blood in operating-
while-intoxicated cases. (Formerly SSB 1090.)
Feb. 09 15 / Committee report, approving bill. S.J. 253.
Sponsored by Judiciary.
Senate File 179 SUPPORT
A bill for an act relating to kidnapping, and providing penalties. (Formerly SSB 1011.)
Feb. 09 15 / Committee report, approving bill. S.J. 253.
Sponsored by Judiciary.
Senate File 178
A bill for an act relating to restrictions on the receipt by certain felons of certain
insurance proceeds and other benefits. (Formerly SF 21.)
Feb. 06 15 / Committee report, approving bill. S.J. 247.
Sponsored by Judiciary.
Senate File 163 SUPPORT
A bill for an act relating to the commissioning and appointment of a hospital peace officer.
Feb. 09 15 / Subcommittee, Sodders, Hogg, and Whitver. S.J. 252.
Sponsored by McCoy.
Senate File 162
A bill for an act relating to state and school antibullying policies, establishing a school