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Bills Associated with Iowa Coalition Against Sexual Assault

Bill Number: HF349
Title: Probation Credits
Description:

Allows an individual on probation to earn discharge credits, educational credits, and workforce credits that reduce their term of probation (maximum reduction may not exceed 40% of the probation period imposed). Probation cannot be discharged until probation fees and court debt have been paid or the individual has set up a payment plan.  Establishes the following probation credits:

  • A discharge credit of 14 days for each full calendar month in which the individual is in compliance with the terms of the individual’s probation.

  • An educational credit of 90 days when the individual earns a high school diploma, high school equivalency certificate, or academic degree; or completes a certified vocational, technical, or career education or training program.

  • A workforce credit of 30 days for each 6-month period in which the individual maintains verifiable employment for at least an average of 30 hours/week.

At least twice a year, probation officers are required to provide the individuals under their supervision with an accounting of their accrued discharge credits, educational credits, and workforce credits. Establishes annual reporting requirements for the Department of Corrections (DOC) related to discharge credits, educational credits, and workforce credits. Effective 7/1/12024.  Fiscal impact: https://www.legis.iowa.gov/docs/publications/FN/1369508.pdf.

Status: Senate Unfinished Business Calendar
Amendments: Senate Committee Amendment (S3111): Exempts misdemeanor sexual assault, child endangerment, stalking and other crimes from receiving discharge credits (Chapters 708, 709.11, 710.7, 726.6, 727.8A, and "other crofense rthat resulted in the physical harm of another person). Prohibits any credits from court-ordered treatment or classes (including parenting classes, domestic abuse courses, and substance abuse treatment). S-3139 filed by Sen. Bousselot: https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=S-3139
Category: Crime & Courts
Recent Action:
Client's Position: Undecided
Bill Number: HF645
Title: Law Interpretation
Description:

Prohibits a court or presiding officer in a contested case from deferring to an agency interpretation of a statute or rule.

Status: Senate Unfinished Business Calendar
Category: Crime & Courts
Recent Action:
Client's Position: Track
Bill Number: HF2098
Title: Protective Order Violation
Description:

Increases the penalty for an assault committed by a person against whom a protective order is issued (from a simple misdemeanor or contempt of court charge to a class "D" felony).  Contempt of court is still allowed, but the simple misdemeanor increases to class "D" felony (which is the penalty for violating a no contact order by stalking).

Status: Sent to Governor
Category: Crime & Courts
Recent Action:
Client's Position: Support
Bill Number: HF2151
Title: School Employee Investigations
Description:

Moves the process for investigating complaints against school employees from the Department of Education (DE) to Board of Educational Examiners (BOEE), but clarifies that an investigation is required prior to a board hearing. Strengthens BOEE reporting on investigations by requiring more detailed information to be included in annual reports. Proposed by DE.

Status: Senate & House Floors
Category: Education
Recent Action:
Companion Bills: SF2365
Client's Position: Track
Bill Number: HF2239
Title: Obscene Materials Dissemination
Description:

Increases the penalty from a serious misdemeanor to an aggravated misdemeanor, leading to stricter penalties. A serious misdemeanor entails confinement for up to one year and fines ranging from $430 to $2,560, while an aggravated misdemeanor carries confinement for up to two years and fines from $855 to $8,540. Violating this law results in being classified as a tier I sex offender and necessitates registration for a decade.

Status: Senate Unfinished Business Calendar
Category: Crime & Courts
Recent Action:
Client's Position: Undecided
Bill Number: HF2240
Title: Photo Harassment
Description:

Expands the definition of harassment by publishing or distributing images showing another person in full or partial nudity or engaged in a sex act that has been alterned to falsely depict another person. Expands the law from only pertaining to photographs or films to now including all visual depictions. Defines the terms "visual depiction" and "another person." Makes this a Tier I sex offender registry offense if committed by someone over the age of 18. Signed by Governor April 19, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Crime & Courts
Recent Action:
Client's Position: Track
Bill Number: HF2318
Title: Bestiality
Description:

Broadens the definition of "sex act" to include various forms of contact and activities. Imposes harsh penalties, including aggravated misdemeanor and felony charges, for individuals involved in such acts. Mandates psychological evaluation and treatment for those convicted of bestiality, in addition to potential fines and imprisonment. Signed by governor April 10, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Crime & Courts
Recent Action:
Client's Position: Support
Bill Number: HF2390
Title: DIAL Duties
Description:

Broadens the Department of Inspections, Appeals, and Licensing's (DIAL) ability to report regulatory offenses alongside criminal offenses, allows sharing of dependent adult abuse findings with relevant authorities, and removes a notification requirement before completing abuse investigations. Ensures consistency in definitions across relevant legal codes. Changes language throughout, replacing "alleged dependent adult abuser" with "alleged perpetrator of dependent adult abuse." Signed by Governor April 19, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Other
Recent Action:
Client's Position: Undecided
Bill Number: HF2404
Title: HHS Matters
Description:

Division 1 - Establishes penalties for unauthorized disclosure of adoption information, excepting department staff who share the information internally in order to provide services for the child. 
Division 2 - Expands the definition of exploitation in regard to dependant adult abuse to include actions such as theft, undue influence, harassment, and deception. Allows courts to access records in cases of suspected dependant adult abuse or financial exploitation and extends this to tribal courts and cases involving Native American individuals.
Division 3 - Requires juvenile courts to reveal specific confidential records to HHS for their review. 
Division 4 - Requires certain professionals to complete two hours of core training on identifying and reporting abuse within six months of starting relevant employment. Additionally, they must undertake at least two hours of further training every three years. Licensing boards overseeing these professionals must ensure compliance with these training mandates for licensure and renewal, with provisions for waivers in certain circumstances like military duty, hardship, or practicing outside the state.

Division V - Allows HHS to establish health care coordination and intervention teams reimbursed by Medicaid to conduct individual case reviews to determine whether additional health services or interventions may be appropriate for an individual's care needs.  The team would review cases involving individuals with complex conditions who are in need of urgent placement and services, but could also include others.  These reviews could be initiated by HHS or a provider (which includes health care providers, mental health professionals, and substance use professionals). 

Signed by Governor April 19, 2024. Divisions I-IV take effect July 1, 2024. Division V takes effect April 19, 2024.

Status: Signed
Category: Government
Recent Action:
Client's Position: Track
Bill Number: HF2460
Title: Human Trafficking
Description:

Makes changes to human trafficking sentencing, amends definition of "victim," and expands appointment of a guardian ad litem.  Establishes that individuals convicted of the lesser B felonies would be required to serve a mandatory minimum 1/2 to 7/10 of their sentence and would don't have the opportunity for parole within a short time.  Gives county prosecutors additional plea bargain tools. Provides victims of human trafficking access to a counselor (including counselors trained by ICADV, Iowa CASA).  Allows prosecuting witnesses who have a mental disability to have their interests represented at criminal proceedings by court-appointed counsel (guardian ad litems), including human trafficking victims who meet this criteria.  

Status: Senate Unfinished Business Calendar
Category: Human Trafficking
Recent Action:
Companion Bills: SF2170
Client's Position: Undecided
Bill Number: HF2487
Title: Grooming Behavior Reporting
Description:

Adds grooming behavior and child abuse to mandatory reporting to the Board of Educational Examiners.  Describes the process for which the Board of Educational Examiners shall investigate complaints. Adds definition of grooming and misconduct.  Proposed by Department of Education. Signed by Governor April 19, 2024. Takes effect July 1, 2024.

Status: Signed
Amendments: Senate Amendment: Improves definition of grooming and inappropriate relationships and adds a school employee who is under the influence of drugs or alcohol while in the presence of students or at a school-sponsored event to BOE mandatory reporting requirements.
Category: Education
Recent Action:
Client's Position: Undecided
Bill Number: HF2565
Title: Released Inmate Coverage
Description:

Directs HHS to submit a Medicaid waiver request to provide coverage for certain inmates due to be released.

Status: Assigned to Committee
Committee: House Appropriations Committee
Category: Medicaid
Recent Action:
Client's Position: Track
Bill Number: HF2586
Title: School Security
Description:

Requires school districts with at least 8,000 students to employ security personnel to guard all school buildings where 9th through 12th grade students attend, unless a majority of that districts school board votes otherwise. Allows school employees to be issued a permit to carry firearms provided they complete a firearm safety training. School employees who possess this permit to have qualified immunity from criminal or civil liability. The bill further requires private security officers and school employees who are licensed to carry a firearm on school property under this bill to participate in annual live scenario training and quarterly live firearms training provided by the Department of Public Safety (DPS). Signed by Governor April 19, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Education
Recent Action:
Client's Position: Opposed
Bill Number: HF2602
Title: Grooming Criminal Offense
Description:

Defines grooming as attempting to seduce a child to commit or engage in an unlawful sex act. Makes grooming a class "D" felony.

Status: Sent to Governor
Category: Crime & Courts
Recent Action:
Client's Position: Undecided
Bill Number: HF2610
Title: Election Law Changes
Description:

Division 1 -- Address Confidentiality Program -- Allows the Secretary of State to use the Address Confidentiality program to send mail to a person at a shelter. The Secretary of State can cancel registration in the Address Confidentiality Program if they receive credible information that the registrant has died. Allows registrant mail to be held for up to 30 days.
Division 2 -- Candidate Eligibility Objections -- Objections to federal candidate eligibility are limited to residency, age, or citizenship requirements in the U.S. Constitution. 
Division 3 -- Ranked Choice Voting -- Bans ranked choice voting and instant runoff voting procedures.
Division 4 -- Absent Voters -- Bans the use of ballot drop boxes. Requires ballots to be returned sealed in multiple envelopes in a specific order. Absentee voters must write their voter identification number on a specific envelope. Shortens the deadline for absentee ballots to be returned to the commissioners office to 5pm the day before election day. 
Division 5 -- People Allowed in Voting Booths -- Prohibits candidates from being in a voting booth with a voter, even if they are assisting them. 
Division 6 -- Voter Registration Database Pilot Program -- Requires the Secretary of State to contract with a 3rd-party vendor to develop a pilot program to allow the state registrar to verify voter registration records. 
Division 7 -- County Hospital Board of Trustees -- Changes Broadlawns trustee terms from 6 year long to 4 year long terms. This change does not impact those currently elected.

Status: Senate Unfinished Business Calendar
Category: Voting & Elections
Recent Action:
Companion Bills: SF2380
Client's Position: Track
Bill Number: HF2612
Title: AEA/Special Education Reform (House Version)
Description:

Charges Iowa Department of Education (DE) to oversee AEA operations, beginning July 1, 2025. Creates a Division of Special Eduation in DE (13 employees plus 5 employees located in each AEA). Makes local AEA Boards advisory. Permits AEAs to provide evidence-based professional development services within their AEA boundary. Requires AEA administrators be licensed teachers with either a special education endorsement or special education suppor t authorization. Caps AEA administrator salaries at average salary of school administrators within the AEA boundaries.  Requires AEA to establish collaborative relationships with other community agencies. Sets up an AEA Task Force to make further recommendations. Makes changes to AEA funding beginning 7/1/2025 (100% special education goes to schools and schools must use their designated AEA; media services fully fee-for-service (all goes to schools); 100% professional development goes to schools for first year then becomes fully fee for service on 7/1/2026). Bill summary at: https://docs.google.com/document/d/1fjBdDTtw4UMc7731FX-lPYBRKy_NnBRtiUquU8_f1jk/edit. Signed by governor March 27, 2024.

Status: Signed
Category: Education
Recent Action:
Client's Position: Undecided
Bill Number: HF2617
Title: Human Growth Development/Fetal Development
Description:

Requires human growth and development course in grades 7 to 12 to include instruction on pregnancy and fetal development. 

Status: Senate Unfinished Business Calendar
Amendments: Committee Amendment: Takes out references to Baby Olivia video.
Category: Education
Recent Action:
Client's Position: Opposed
Bill Number: HF2634
Title: Housing Trust Fund
Description:

Removes the current $7 million annual cap on the amount of Real Estate Transfer Tax funds that can be transferred to the Housing Trust Fund. 

Status: Assigned to Committee
Committee: Senate Ways & Means Committee
Category: Housing
Recent Action:
Client's Position: Support
Bill Number: HF2655
Title: Property Tax Assessments
Description:

Changes property tax assessment limitations for commercial child care facilities.  Takes effect upon enactment and applies retroactively to January 1, 2024. This bill is identical to the Governor's tax bill (SSB3038), Division VI, the Childcare Facility Property Tax Assessment Limitations.

Status: Assigned to Committee
Committee: Senate Ways & Means Committee
Category: Taxes
Recent Action:
Client's Position: Track
Bill Number: HF2673
Title: Behavioral Health Service System
Description:

Transitions mental health and disabilities services system to a behavioral health service system, and transfers disability services to the HHS' division of aging and disability services. Transition to become effective July 1, 2025. House version includes language on PMICs, allows for-profit companies to be behavioral health district ASOs (Administrative Services Organizations), and eliminates 5% cap on HHS administration.

Status: Sent to Governor
Category: Behavioral/Mental Health
Recent Action:
Client's Position: Track
Bill Number: HF2686
Title: Reorganization 2.0
Description:

Makes the following changes to organization, structure, and functions of state and local governments and adjusts code to to reflect these changes.

Division 1 -- Department of Natural Resources (DNR) -- grants the director of the Department of Health and Human Services (HHS) the authority to designate specific children from the state training school to carry out tasks for the DNR within state parks, game and forest areas, and other DNR-controlled lands. Eliminates the requirement for DNR to offer permanent housing to these children.
Division 2 -- Department of Inspections, Appeals, and Licensing (DIAL) -- states that the workers’ compensation commissioner serves at the governor's discretion rather than having a fixed term. Removes the requirement for full-time executive directors for certain boards and allows for the appointment of one individual to serve as executive director for multiple boards. Adjusts the handling of contractor registration fees, consolidating them into a single fund and repealing a related fund. Revises fee-setting procedures for health-related professional boards, granting oversight to the DIAL and requiring annual reviews to ensure fees cover expenses and are comparable to those in other states. Corrects a reference in the state plumbing code and expands the definition of licensing boards to include the real estate appraiser examining board. Aligns references in various sections with recent updates to the department's structure.
Division 3 -- Department of Transportation (DOT) -- transfers the rulemaking authority for safety regulations regarding the movement of implements of husbandry and animal-drawn vehicles on roadways from the DOT to the Department of Public Safety (DPS). Changes the deadline for presenting the DOT's proposed budget to the state transportation commission. Grants the DOT director authority to establish divisions within the DOT as needed. Specifies the DOT's responsibility for departmental operations, planning, programming, highway programs, modal programs, and enforcement activities. 
Division 4 -- Department of Education  (DE) -- gives the DE director authority to assign duties to various divisions within DE and allows for the reassignment of specific responsibilities within DE from July 1, 2024. Modifies salary and benefit handling for full-time salaried employees working less than 12 months per year and permits the employment of hourly staff for less than 12 months annually, with specific wage and benefit protocols outlined. Extends certain extracurricular contract and coaching endorsement provisions to employees of the Iowa educational services for the blind and visually impaired program and employees of the Iowa school for the deaf. Introduces a new code section exempting salaried employees of these programs from vacation leave provisions, instead providing for the accrual of personal leave days. References to "professional" staff are replaced with "salaried" staff. Applies procedures regarding staff discretion and dismissal to salaried staff.
Division 5 -- Department of Corrections (DOC) -- clarifies the governing body when a reserve peace officer is employed by the state of Iowa. Removes certain language related to employees of judicial district departments of correctional services due to their integration into the DOC. Community-based corrections facilities under the DOC's responsibilities for offender control, treatment, and rehabilitation. Adjusts provisions regarding district directors' duties, authority, and compensation. Modifies the coordination between the DOC and judicial district departments for inmate quartering and supervision after working hours. 
Division 6 -- Department of Revenue (DOR) -- specifies that the Iowa Lottery Division is a division within DOR. Changes various provisions governing the duties of the Iowa Lottery administrator, including reporting requirements and board meeting procedures. Grants the DOR the authority to operate self-service kiosks for lottery ticket distribution and adjust distribution requirements accordingly. Makes adjustments to sections regarding lottery retailer selection, license handling, prize awards, and security protocols, replacing outdated terms and clarifying responsibilities. Establishes an exception for the Iowa Lottery Division within DOR's authority to establish, abolish, and consolidate divisions. 
Division 7 -- Iowa Department of Workforce Development (IWD) --  includes the Supplemental Nutrition Assistance Program Employment and Training Program, which is jointly administered with HHS, in the list of programs managed by the IWD. Removes the requirement for community colleges to jointly implement adult education and literacy programs with IWD. However, IWD is still mandated to consult with community colleges when establishing standards and adopting rules for administering the program.
Division 8 -- Department of Public Safety (DPS) -- removes the requirement for the director of the Office of Drug Control Policy to submit an annual report to the governor and general assembly by November 1 of each year regarding activities and programs related to drug enforcement, substance use disorder treatment, and prevention and education programs. 
Division 9 -- Economic Development Authority (IEDA) and Iowa Finance Authority (IFA) Reports -- requires the IEDA director to submit an annual report to the authority board and the general assembly by January 31 each year detailing their activities from the previous fiscal year. Requires the IFA director to submit a similar annual report to the governor and general assembly by January 15 each year.
Division 10 -- Economic Development Authority (IEDA) and Iowa Finance Authority (IFA) Programs -- removes requirements for the IEDA to run certain internship programs and shifts this responsibility to the Iowa Department of Workforce Development. Ensures that any internships or financial aid awarded by the IEDA before the change remains valid under the new setup.
Division 11 -- Department of Health and Human Services (HHS) -- removes the requirement for the council to approve or disapprove licensing applications and related cases. Transfers certain licensing responsibilities for substance use disorder programs from the council to HHS. Updates confidentiality provisions for program records and specifies individuals and officials who may access confidential information. Adjusts procedures for debt setoffs and empowers the HHS director to engage in specific real estate activities. Modifies the process for people who owe child support to withdraw their objections by allowing written requests to be submitted to child support services.
Division 12 -- State Salaries of Appointed State Officers -- Establishes salary ranges for certain appointed state officers for fiscal years starting from July 1, 2024. Specifies that the governor shall set salaries for nonelected individuals appointed within the executive branch of state government. Salary determination considers factors such as the person's experience, changes in job duties, performance, and subordinate salaries. However, certain positions have salary determination responsibilities assigned to specific entities. 
Division 13 -- Office for State-Federal Relations -- Removes the requirement for the office to be situated in Washington, D.C., and instead states that the State-Federal Relations Office is administratively attached to the Office of the Governor.
Division 14 -- Historical Sites -- Removes the requirement for state agencies owning historical sites, except the state board of regents, to enter agreements with the Department of Administrative Services (DAS) for site management. Instead, it mandates DAS to consult with the state historic preservation officer when establishing standards and criteria for historical property acquisition and preservation. Adds developing preservation standards for historical sites to the duties of the state historic preservation officer. Requires state agencies owning historical sites to consult with the preservation officer before making modifications that could affect the site's listing on the national register of historic places and allows them to enter agreements with the preservation officer for site management. 
Division 15 -- Department of Management -- Mandates DOM to oversee a statewide integrated justice information system. Shifts responsibilities from HHS to DOM for maintaining an Iowa statistical analysis center, an Iowa correctional policy project, and a multi agency information system for juvenile and adult court records.

Status: Sent to Governor
Category: Government
Recent Action:
Client's Position: Track
Bill Number: HF2691
Title: Infrastructure/RIIF Budget (House Version)
Description:

Appropriates $213.6 million from gambling revenues  (Rebuild Iowa Infrastructure Fund, or RIIF) to various infrastructure projects in fiscal year 2025 (July 1, 2024-June 30, 2025).  No change in funding for the following: water quality initiative ($8.2 million), community attraction & tourism (CAT) grants ($10 million), Destination Iowa ($6.5 million), regional sports authorities ($700,000), state housing trust fund ($3 million), lake restoration ($9.6 million), water trails/low head dam removal ($1.5 million), community forestry grants ($250,000), recreational trails ($2.5 million), funding for commercial ($1.9 million) and general ($1 million) airports, and county fairs ($1.06 million). Adds back $500,000 in funding to public transit grants ($1.5 million total) and $1.5 million for railroad revolving loan funds ($2 million total).  Increases renewable fuels infrastructure by $2.5 million but eliminates the $5 million supplemental appropriation made last year ($12.5 million total appropriation). Doubles funding for rural YMCAs ($500,000), adds $30,000 to pay for more Newborn Safety Boxes ($45,000 total), increases state park infrastructure funding by $2.5 million ($7.5 million total). New appropriations for renovation of the USS Iowa Battleship deck ($750,000), Blood Run National Landmark ($1.65 million), Woodward State Resource Center tunnel/HVAC repairs ($12.58 million), state civil commitment unit for sex offenders renovations ($7.05 million), levee improvement fund ($10 million), state medical examiner office expansion ($3.3 million), law enforcement radios ($1.6 million), and cybersecurity in Secretary of State's Office ($324,000). Nonpartisan staff review dated 4/11/24: https://www.legis.iowa.gov/docs/publications/NOBA/1449028.pdf.

Status: Senate Floor
Category: Budgets
Recent Action:
Companion Bills: SF2438
Client's Position: Track
Bill Number: HF2693
Title: Justice Systems Budget
Description:

Appropriates $693.3 million for the Attorney General, Iowa Law Enforcement Academy and Departments of Corrections, Public Safety, Homeland Security and Emergency Management and Inspections, Appeals and Licensing. This is a 3.5% increase over current budgeted levels ($24 million).  No change in funding for victim services funding. Increase of $2.8 million to the Attorney General's Office for three new attorneys, two investigators, and a paralegal.  Increases Department of Corrections by $11.9 million for county confinement ($150,000), administration ($1.3 million), Ft. Madison ($1.3 million), Anamosa ($1.9 million), Oakdale ($1.3 million), and community based corrections ($4.975 million).  Increases funding for the Iowa Law Enforcement Academy by $1.7 million and public defender by $2.8 million. Increases funding for the Department of Public Safety by $5.1 million ($1.2 million for administration, $1.5 million for DCI, and $3 million for state patrol).  No change in drug court language (continues existing drug courts). No change in funding for the Office to Combat Human Trafficking, Office of Drug Control Policy, or the Consumer Advocate. States that 1/3 the cost of basic training for a law enforcement officer be paid by the city/county and the rest by the state (current law has the state paying 1/3, the city/county paying 1/3, and the trainee paying 1/3, with the option for the city/county to pick up the candidate share of the cost).  Increases the hourly rates for court-appointed counsel by $3
for each case type beginning July 1, 2024. Effective 7/1/2024.  You can read the nonpartisan fiscal staff review (dated 4/19/24) at: https://www.legis.iowa.gov/docs/publications/NOBA/1448876.pdf.

Status: Sent to Governor
Category: Budgets
Recent Action:
Client's Position: Undecided
Bill Number: HJR2006
Title: Income Tax Constitutional Amendments
Description:

Proposes an ammendment to Iowa's Constitution to regulate tax bills and set one flat rate for individual income taxes. The ammendment would require that any bill raising income tax rates or adding new income-based taxes be approved by at least two-thirds of both the Iowa House of Representatives and the Iowa Senate. Additionally, it forbids Iowa from having different income tax rates for different income levels. If passed, the ammendment would need to be voted on again by the next general assembly before being approved by the public.

Status: Adopted
Category: Constitutional Amendments
Recent Action:
Client's Position: Track
Bill Number: HSB746
Title: Human Trafficking
Description:

Directs the Office to Combat Human Trafficking to meet with stakeholders annually to make recommendations on legislation (annual report each December for the next five years).  Extends the civil statute of limitations for sexual assault and human trafficking offenses against minors to five years after discovery or upon turning 18 (currently nothing in code for human trafficking and sexual assault is one year from age of 18 or four years upon discovery). Allows courts to order video depositions of victims and lists the persons and professionals, excluding the defendant, who may be present. Allows the victim to have someone who provides support to them to be present during the deposition. Moves payment of crime victim compensation to Class A restitution, which no longer allows consideration for the offender's ability to pay. Requires HHS to increase the availability of various recovery and supportive services available to juvenile victims of trafficking, including working with other states for housing outside the state.  Appropriates $750,000 to the Attorney General for a joint unit with the Office to Combat Human Trafficking for investigating and prosecuting human trafficking cases. 

Status: Assigned to Committee
Committee: House Appropriations Committee
Category: Human Trafficking
Recent Action:
Client's Position: Undecided
Bill Number: SF525
Title: Criminal Omnibus ("CRIMEnibus")
Description:

Makes changes related to criminal law, including the disclosure of a defendant's privileged records, no-contact orders, commencement limitations for certain sexual offenses, sexually predatory offenses, victim rights, discovery, post-conviction relief actions, criminal appeals, and pretrial bond amounts for certain felonies.  No contact orders: Automatically extends protective orders for another five years unless a defendent requests the court to end it and the court finds the defendent is no longer a threat.  Statute of Limitations: Eliminates criminal statute of limitations for continuous sexual abuse of a child (709.23), kidnapping and sexual assault of a child (710.2), and burglery involving a sexual assault (713.3).  Sexual Predator Offense:  Adds enticing a minor to commit sexual assault to the list of sexually predatory offenses (710.10, 2). Victim Rights: Requires law enforcment to provide a victim with material that explains their rights. Asserts that statements made by children to forensic investigators at child protection centers and child advocacy centers are presumed reliable and can be admitted into evidence, allows recorded testimony of a child under 14 to be used as evidence in sex abuse cases (instead of appearing in person). Discovery: Prohibits discovery depositions except for "exceptional circumstances." Post-Conviction Relief:  Applies all rules and statutes of civil proceedings to post-convinction relief (to limit scope of discovery). Other: Directs the courts in violent offenses to consider the danger a defendent poses when setting bail and sets minimum bail for class A felony ($500,000), class B forcible felony ($25,000), class C forcible felony ($10,000), and class D forcible felony ($5,000).

Status: House Unfinished Business Calendar
Category: Crime & Courts
Recent Action:
Client's Position: Support
Bill Number: SF2096
Title: Gender Balance Requirements
Description:

Repeals gender balance requirements for appointed local and state government boards, councils, commissions. Signed by governor April 3, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Government
Recent Action:
Client's Position: Track
Bill Number: SF2186
Title: Photo/Film Extortion
Description:

Expands definition of extortion to include a person who threatens to distribute or publish a photo or video of a person engaged in a sex act or unclothed, when the person knows consent was not given for the distribution. Also includes photoshopped photos.

Status: House Unfinished Business Calendar
Category: Crime & Courts
Recent Action:
Client's Position: Undecided
Bill Number: SF2243
Title: Minor Sexual Exploitation
Description:

Modifies the definition of sexual exploitation of a minor to include knowingly purchasing or possessing a visual depiction of a minor engaging in or simulating a prohibited sexual act. The bill does not require proof of the actual identity of the minor. Signed by governor April 10, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Crime & Courts
Recent Action:
Client's Position: Track
Bill Number: SF2251
Title: Postpartum Medicaid Coverage
Description:

Extends postpartum Medicaid coverage from 60 days to 12 months after pregnancy ends. Lowers income eligibility levels for pregnant women and infants under the Medicaid program to 215% of the federal poverty line. Mandates that the submission of state medicaid plan amendments align with federal guidelines.

Status: Sent to Governor
Category: Medicaid
Recent Action:
Client's Position: Support
Bill Number: SF2252
Title: MOMS Program
Description:

Allows the Department of Health and Human Services (HHS) to administer the More Options for Maternal Support (MOMS) program directly or through contracted providers of pregnancy support services. Adjusts the language of Iowa code to match with this potential change in administration. Signed by governor April 10, 2024. Takes effect July 1, 2024.

Status: Signed
Category: Reproductive Health
Recent Action:
Client's Position: Track
Bill Number: SF2285
Title: HHS Reporting
Description:

Requires the Department of Health and Human Services to submit an annual report detailing departmental expenditures and statistical reports for programs under its administration. Directs the department to make reportable information and data publicly available, preferably through modernized, interactive displays on its website. Allows the department to compile statistics, conduct research, and issue reports on child abuse and dependent adult abuse, with the condition that identifying details are removed. Takes effect upon enactment and applies retroactively to reports due on or after January 1, 2024. Signed by governor April 10, 2024. 

Status: Signed
Category: Government
Recent Action:
Client's Position: Track
Bill Number: SF2349
Title: Criminal Defense Subpoenas
Description:

Establishes strict criteria for when a defendant or their counsel can request documents or evidence through a subpoena, ensuring that such requests are necessary, relevant, and do not compromise the privacy of crime victims. Outlines procedures for issuing subpoenas and imposes consequences for non-compliance. Mandates that any evidence obtained through a defense subpoena must be shared with the prosecuting attorney promptly. Provides legal representation for indigent individuals served with defense subpoenas and restricts claims of ineffective assistance of counsel based on evidence obtained through such subpoenas in post-conviction relief cases.

Status: House Unfinished Business Calendar
Category: Crime & Courts
Recent Action:
Companion Bills: HF2616
Client's Position: Undecided
Bill Number: SF2378
Title: Teacher Relationship Investigations
Description:

Allows the Board of Education Examiners to investigate complaints related to licensed school employees having inappropriate relationships with students at any time. Current law requires a complaint to be made within three years of the alleged misconduct.

Status: Senate Unfinished Business Calendar
Amendments: HF 2261 not placed on unfinished business calendar, so may be dead.
Category: Education
Recent Action:
Companion Bills: HF2261
Client's Position: Track
Bill Number: SF2385
Title: State Boards/Commissions
Description:

Makes numerous changes to state boards, commissions, committees, councils, and other state government entities.

Status: Senate Floor, Second Time
Category: Government
Recent Action:
Client's Position: Track
Bill Number: SF2398
Title: Governor's Tax Bill
Description:

Division 1 – Combines the Economic Emergency Fund (EEF) and the Cash Reserve Fund (CRF), and then eliminates the EEF.  Raises the cap on the CRF from 7.5% to 12.5% of adjusted revenue estimates. Allows expenditures that would have been authorized under the EEF to be acceptable under the CRF.

Division 2 – Replaces current Iowa law that implements a flat 3.9% income tax rate by 2026 with a 3.65% income tax rate in 2024 (applicable retroactively to 1/1/2024).  Moves the flat income tax rate down to 3.5% in 2025 and subsequent years.

Division 3 – Requires withholding to be adjusted within 60 days and provides penalties for over-withholding.  Effective upon enactment.

Division 4 – Raises on 1/1/2025 the threshold from $200 to $1000 the amount of estimated tax liability a taxpayer can have before they need to make estimated payments.

Division 5 – Ensures that lump sum distributions from retirement accounts are exempt from income taxes. The previously passed law exempted retirement income, but did not specifically exempt qualified lump sum distributions.  Retroactive to 1/1/2024.

Division 6 – Alters the property tax calculation on child care facilities to allow them to be taxed at the same rate as residential property.  Current law taxes commercial properties this way only on the first $150,000 of value and then taxes value above $150,000 at 90% of assessed value.  Retroactive to 1/1/2024.

Division 7 – Makes modifications to the unemployment trust fund and allocations into that fund.  Reduces by half the statewide average weekly wage contribution flowing into the fund and makes a number of other changes to the system.

Status: Senate Floor
Category: Taxes
Recent Action:
Companion Bills: HSB543
Client's Position: Track
Bill Number: SF2431
Title: Boy Scouts/Civil SOL
Description:

Adds a narrow window for waiving the civil statute of limitations (SOL) for childhood sexual assault to allow victims to receive compensation under a settlement with the Boy Scouts of America.  Effective 4/19/24 and retroactive to the date when injuries occurred; repeals this on 12/31/2026. 

Status: Signed
Category: Victim Rights
Recent Action:
Client's Position: Support
Bill Number: SF2436
Title: Judicial Branch Budget (Senate Version)
Description:

Appropriates $216.2 million to the judicial branch (courts) for the fiscal year beginning July 1, 2024 (FY 2025).  This is an increase of $7.7 million (3.5% increase). No change in court-ordered services ($3.3 million) and juvenile delinquent graduated sanctions services ($12.3 million).  You can read the nonpartisan fiscal staff review (dated 4/8/24) at: https://www.legis.iowa.gov/docs/publications/NOBA/1449593.pdf.

Status: Sent to Governor
Category: Budgets
Recent Action:
Client's Position: Track
Bill Number: SF2437
Title: Health/Human Services (HHS) Budget (Senate Version)
Description:

Appropriates $2.2 billion for health and human services programs (including Medicaid) for the fiscal year beginning July 1, 2024 (FY 2025).  This is an increase of $63.1 million. Appropriates $467.7 million from other funds (a decrease of $540,000). Aging & Disability Services ($19,088,714): Increases funding for department duties by $155,157. Eliminates line items but not the responsibility for the work. Codifies area agency on aging language that has been in the budget for more than a decade. Because of budget restructuring, this includes aging programs, general administration, field operations, state supplementary assistance, health program operations, Conner decree training, and the family support subsidy/child at home pilot. Behavioral Health ($24,400,114):  No change in funding. Continues two line items at current levels (Children's Behavioral Health System - $300,000; managed care substance use treatment transfer - $950,000). Maintains $1.75 million transfer from sports wagering receipts fund. Because of budget restructuring, this includes general administration, addictive disorders, and healthy children/families. Public Health ($22,916,821): No change in funding.  No change in earmarked funds: brain injury facilitators and training ($1.055 million), epilepsy education and support ($144,000), psychology postdoctoral internships ($48,000), SafeNetRx prescription drug donation program ($600,000), rural health clinics ($25,000), free clinics ($334,000), specialty care access ($225,000), medical residencies ($2.1 million), rural psychiatric residencies ($800,000), psychiatric training for PAs & nurse practitioners ($150,000), Center of Excellence program ($425,000), and family medicine/obstetrics fellowship ($560,000). Because of budget restructuring, this includes healthy children/families, chronic conditions, community capacity, essential public health services, infectious diseases, public protection, congenital & inherited disorders registry, and psychiatric residency funding. Community Access ($68,043,944): This is a decrease of $2.1 million (primarily due to decreased enrollment in PROMISE JOBS and Family Investment Program/FIP). Because of budget restructuring, this includes some aging programs, human rights administration, general administration, field operations, FIP/Promise Jobs, Medicaid, children's health insurance (hawk-I), volunteer programs, chronic conditions, community capacity, and public protection).  No change for First Five Health Mental Development programs ($3.1 million), pregnancy prevention grants ($1.9 million), childcare assistance ($47.2 million), and child protective services ($62.4 million). Adds new $3 million appropriation for a new kinship stipend program (paying family members or fictive kin as foster parents for relative children placed in their care). Increases Medicaid by $84.4 million (total $1.63 billion). This includes increases of $40.9 million increase to meet expected need, $16.5 million to replace federal funds used to increase HCBS waiver rates (aka "ARPA backfill"), and $3.6 million for children's health insurance program to meet expected need. Does NOT include $14.6 million to increase HCBS waiver rates by 5% as requested by the Governor. No change in funding for nursing home facility improvements ($900,000), and state family planning services ($3.4 million).  Reimbursement Rates: No change in Medicaid or child welfare reimbursement rates. Health Program Operations ($39,597,231): This is an increase of $1.2 million due to contract increases. No change for state poison control center ($750,000).  Childcare Assistance ($34,966,931): No change in funding. Early Intervention & Supports ($35,277,739): No change in funding for human rights administration, community advocacy and services, early childhood Iowa ($29,256,799), More Options for Maternal Support ($1 million), and child abuse prevention (no longer line item).  Child Protective Services ($164,644,037): This is a $2.6 million increase for programs that include child and family services and the adoption subsidy.  No change in funding for decategorization ($1,717,000), group foster care ($40.5 million), court-ordered services ($748,000), child protection center grants ($1,658,000), Project Harmony for child abuse victims ($227,000), and adoption subsidies ($40.9 million). Increases funding for Preparation for Adult Living by $334,000 (total $4,359,500). State Specialty Care Services ($100,006,128): This is a small increase ($35,259) for state-owned institutions. Increases Cherokee MHI by $2.6 million, Independence MHI by $3.1 million, sex offender civil commitment at Cherokee MHI by $1.9 million, and Eldora State Training School by $961,124. No change in funding for Woodward State Resource Center ($13.4 million) and reduces funding for the Glenwood State Resource Center by $11 million ($5.3 million). Administration & Compliance ($21,194,894): Small increase of $93,902.  No change in funding for ABLE Savings Account administration ($200,000) and long-term care ombudsman ($1,148,959).  Other: Gives HHS the ability to transfer funds as needed to continue realignment and maximize federal support. Allows HHS to use funds that are not used for their original purpose to pay for the Thrive Iowa Program. Increase the number of rural psychiatric residencies from six to eight annually. Allows HHS to use SSA and FIP unused funds to support "program integrity, compliance, and efficiency." Allows the Office of Public Guardian to carry over unused funds into the next fiscal year. Splits LIHEAP (Low Income Home Energy Assistance Program) administration between contractors (8.4%) and HHS (1.6%); currently the cap on administration is 10% with $377,000 going to HHS.  Removes language about an additional amount money to be transferred from the beer & liquor control fund for substance use disorder treatment (legislators have never transferred more than the base $2 million). Requires HHS to collaborate with the Department of Revenue on tobacco control enforcement. Requires the legislature to appropriate enough money each year to fully fund personal needs allowance (which is currently $50/month) and requires the allowance to be increased at the same percentage and at same time federal SSI benefits are increased. Transfers the replacement generation tax that had been going to mental health property tax relief to Medicaid (remaining funds were minimal = $12,954). Transfers remaining funds in the Medicaid Fraud Fund ($150,000) to Medicaid. Allows Medicaid recipients residing in a State MHI to keep their Medicaid eligibility during their stay at the MHI. Permits the HHS to bill for State Resource Center services utilizing a scope of services approach in a manner that does not shift costs between the Medicaid program, the MHDS regions, or other State Resource Center funding sources. Moves juvenile detention funding and current formula into Code (so it doesn't have to be in the budget each year).  States that child support recovery for state foster care payments does not apply when a child is placed with a relative or fictive kin who is not licensed as a child foster care provider. Requires nursing home quality assurance assessments to be paid monthly (rather than quarterly). Removes the requirement that quality assurance assessment forms be submitted within 30 days of the end of each calendar quarter. Includes standing (automatic) appropriation for child abuse prevention ($233,000), psychiatry residencies ($1.1 million), and the congenital and inherited disorders registry ($224,000). Requires HHS to work with the Iowa Health Information Network to enhance the program to give Iowans access and use their health information. You can find the nonpartisan staff review (dated 4/9/24) at: https://www.legis.iowa.gov/docs/publications/NOBA/1448980.pdf.

Status: Senate Floor
Category: Budgets
Recent Action:
Client's Position: Undecided
Bill Number: SF2442
Title: Tax Bill
Description:

Division I – Income Tax Cut – Current law ratchets the income tax down to 3.9% by 2026.  This bill would instead lower that rate to 3.8% and have it take effect in 2025.  Also lowers the alternative minimum tax from 4.4 to 4.3%, also in 2025. 

Division II – Targeted Jobs Withholding Credit – Makes changes to the pilot program (in use in Sioux City and some other border communities), including raising an employer’s qualifying investment from $500K to $1M and changing the program’s sunset date from June 30, 2024 to June 30, 2027.

Division III – Franchise Tax changes dealing with financial institutions’ investments.

Division IV – Makes a number of property tax corrective changes, including changing dates by which local governments need to file reports with the Department of Management, the dates statements to taxpayers needs to be sent out, the information included in those statements, the examples provided to the taxpayers, etc.  This division allows Lee County to decide their courthouse/county seat situation. The division takes steps to protect the confidentiality of homestead credit applicants over the age of 65.  This division also extends by 3 years certain housing TIF projects that faced challenges due to COVID supply chain shortages.  

Division V – Compensation Elected County Officials – The bill makes a number of changes, including allowing county supervisors to establish or eliminate county compensation boards.  

Division VI – City & County Levy Growth Limitations – The bill adds a bracket into the calculations on how much cities and counties are allowed to raise their levies.  Under last year’s bill, there were three: 0% to 3% increase in growth is allowed to maintain their levy, 3%-6% growth is allowed to increase their levy by 2%, and growth exceeding 6% is allowed to increase their levy by 3%.  Under the bill, the new brackets would be: 0% to 2.75% allowed to maintain same levy, 2.75% to 4% allowed a 1% increase, 4% to 6% allowed a 2% increase, over 6% allowed a 3% increase. 

Division VII – Public Utility/Pipeline property tax assessment limitations – Under current law, property owned by such entities are assessed by the Department of Revenue and distributed to the local entities.  The bill removes the state part of this returning it to the local governments, and institutes a 2% per year rollback until those properties are assessed at 90% in 2029 (same as commercial). 

Division VIII – Taxpayer Relief Fund – The bill makes changes to the thresholds used when State revenues come in at certain levels, and how those funds are transferred.  

Division IX – Makes a corrective change to the MEGA sites bill, SF 574.

Status: Sent to Governor
Category: Taxes
Recent Action:
Client's Position: Undecided
Bill Number: SSB3141
Title: Income Tax Rate
Description:

This bill replaces the income tax rate in the Iowa Code (set to hit 3.9% in 2026) with a rate of 3.775% in 2026 and 3.65% in 2027.  The bill also sets up a long-term plan to eventually eliminate Iowa’s income tax.  The bill would invest roughly $2.6 Billion of the Taxpayer Relief Fund (current balance of more than $3 Billion) and then transfer 5% of the proceeds each year into an Income Tax Elimination Fund which could be used to ratchet down the income tax rate until it eventually hits zero.  The funds would be managed by the Iowa Public Employee Retirement System (IPERS).

Status: Assigned to Committee
Committee: Senate Ways & Means Committee
Category: Taxes
Recent Action:
Companion Bills: HSB720
Client's Position: Track
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