State Capitol Report 
 Issue 3 | February 19, 2017  

Legislative Session Update

Monday, February 20, 2017, marks the 43rd Session Day of the 2017 Session of the Iowa General Assembly, the start of week seven. This past week has been the most contentious week in the Capitol in many years, as protestors swarmed the building to watch debate on
Over 4600 union members flood the first floor of the Iowa State Capitol protesting Collective Bargaining legislation_ February 13_ 2017
Over 4600 union members flood the first floor of the Iowa State Capitol protesting Collective Bargaining legislation, February 13, 2017
legislation to alter Iowa's laws governing the collective bargaining rights of non-public-safety public employees, otherwise known as "Chapter 20." The crowds reached a high point of over 4,600 on Monday, as protesters filled the entire first floor of the Capitol and were especially thick outside the old Supreme Court chamber where a public hearing was being held on the bill ( HF 291).
 
Consideration of the bill began in both chambers simultaneously on Tuesday afternoon. With Republicans controlling the House, Senate and Governor's Office, the Democrats in the minority were forced to use the only tool the minority party has - the ability to say your peace on an issue by offering amendments and slowing debate as much as possible. On Thursday, the third straight day of debate, the majority party employed a mechanism called "time certain" in order to end debate and force a vote on the legislation. This is mechanism that is very rarely employed in the Iowa House and was used in the Iowa Senate for possibly the first time, at least in anyone's memory.
 
With debate time expired, remaining amendments and then the bill was voted on without further comment. The bill first passed the House, 53-47, with all Democrats and six Republicans voting against the bill (Representatives Baudler, Heaton, Hanusa, McKean, Lundgren and Moore). The bill then passed the Senate, 29-21, with all Democrats and independent Senator David Johnson voting against the bill.  The Senate did so while under a "Call of the Senate," a rarely-used procedure Democrats invoked to insure all 50 Senators
Union members turn their backs to the Iowa Senate during the final passage of Collective Bargaining legislation_ February 16_ 2017
Union members turn their backs to the Iowa Senate during the final passage of Collective Bargaining legislation, February 16, 2017
were locked inside the Senate Chamber for the final hours of debate on the bill. The Governor signed the HF 291 into law on Friday.
 
The intense debate on collective bargaining made it nearly impossible to accomplish any other substantive work this week. While many subcommittees on bills and committee meetings still took place, legislators' attention was largely focused on the task at hand with the collective bargaining debate.   Now with two weeks before the first major legislative deadline - the first funnel - legislators will need to focus on moving priority bills through subcommittee and committee if they want to keep them alive for the year.
 
Collective Bargaining
So, what did this big collective bargaining bill do? I'm sure you saw it all over your local news. Many reports were loaded with one-sided information or misinformation, so it's sometimes difficult to track down a decent summary of the legislation. Basically, the bill contained the following main sections:
 
Disclaimer: This is the simplest way we can explain this complex bill in an attempt to not show a bias for or against it, while still respecting that many people on both sides of the aisle are very raw about the issue. As such, apologizes to anyone who read this bill much differently. The truth is that the effects of HF 291 will take a few years to be fully evident.
 
  • Scope: For non-public safety public employees, the bill would make wages the only subject that would be mandatory in negotiations. Other issues could be added at the consent of both labor and management, but some issues are no longer allowed to be negotiated. (The most contentious of these was health care. Health care is still required to be provided, but the specifics can no longer be negotiated).
  • Arbitration: This is one of the biggest changes made in the entire bill. Under previous law, in cases where a negotiation proceeded to arbitration, the arbiter was limited to choosing one of the last two proposals put forward. Republicans pushing the bill argued that unions were always on the winning side of arbitrations because of this and other provisions. To counter that, they gave the arbiter much more flexibility, and made several other changes to tip this the other way, including cost-of-living caps on how much wages can rise.
  • Recertification: Requires 50% of the employees in the bargaining group to vote to "certify" the group before a new contract negotiation. Previously, unions did not have to have certification votes unless the membership wanted to do so.
  • Withholding: Prohibits the employer from having to withhold union dues. Unions would need to conduct automatic deductions on their own now.
  • State Contract: Disallows a lame-duck Governor in Iowa from approving a labor contract without the newly elected Governor having input.
  • Other: The bill contains a number of other provisions.
With collective bargaining finished, what is next on the horizon?
Legislators are surely starting to have discussions internally about the FY 2018 and 2019 budget, but we do not expect to see the first pieces of that until March. In the weeks ahead, they will focus on finishing up legislation to pull state funds from Planned Parenthood and legislation to standardize the minimum wage across the State (often called "preemption"). We also know they are looking into fireworks legalization, fantasy sport gambling, medical marijuana expansion, voter ID, medical malpractice reform, worker comp and a number of different approaches to addressing water quality.

PUBLIC FORUMS

The State Capitol isn't the only place where crowds are growing.  Legislators are reporting record turnout at their local legislative forums, held on Fridays and Saturdays in their districts.   You can find a list of legislative and Congressional forums planned throughout the state  here.
________________________________
We know this is new for some of you - here are a few tips:
  • Get there early.
     As you may have seen from news stories, legislative forums have been packed. Think about going 15-30 minutes early in order to get a seat.  The other added benefit to going early - you may get a chance to talk with your legislator one-on-one, even if its just to introduce yourself. Bring a business card, or something with your contact information on it.
     
  • Understand and follow the rules.
     There are a lot of people, and a lot of controversial issues being discussed.  Many forum organizers have decided to issue rules so that things go smoothly and everyone has a chance to ask questions, particularly those from the district.  If you don't know the rules, ask. Some forums want you to submit questions, others just call on you. 
     
  • Be confident.
      Remember that your legislator was elected to serve and take input from constituents.  This is their job - they can't help you unless you ask!
     
  • Be Iowa nice.
     If you're called on, start by thanking your legislator for attending the forum. Introduce yourself, and maybe say how long you've lived or worked in the district. Ask them a simple question about an issue you care about.  If you aren't sure what to ask, check out TFI's 2017 Legislative priorities at www.TFIowa.com. Even if you and your legislator don't see eye-to-eye on your issue, being polite and respectful will make your legislator much more likely to take the issues and you seriously.
     
  • Make it personal
    . A good question for a legislator includes facts (if you have them) and personal stories (the most important) to demonstrate how the issue directly affects you and others in the district. 
     
  • Follow up. Send a quick email to your legislators after the event, thanking them for their time and for answering your question. If they disagreed with you, a polite email gives you another opportunity to raise the issue with them and provide them with more information.  Ask them to put you on their email newsletter lists.
Preemption
Another contentious issue that will be debated in the near future is the issue commonly referred to as "preemption," that is the State cracking down on local governments' ability to have control over issues such as minimum wage.  The bill in question right now is House File 295 (Click HERE).
 
In our conversations with TFI members about this issue in the Fall, it became pretty clear that members support a mechanism that prevents the creation of 300+ different minimum wage zones in Iowa.  However, TFI is currently monitoring the legislation because it contains preemptions beyond the minimum wage and it would require some areas of the State that have already increased their minimum to now lower it.

If you have strong feelings one way or the other about this bill, please feel free to reach out to TFI lobbyists or board members with your thoughts as we may be discussing this bill in the near future.  We expect this issue to become heated in the weeks ahead as opponents of the legislation accuse supporters of wanting to keep low wages. 
 
DRAM Shop
We should see legislation soon that would fundamentally change the DRAM Shop system in Iowa. The Iowa Restaurant Association has led the charge on this while keeping TFI in the loop and bringing many other groups to the table.  This will be a difficult push though! We will need your help! Be on the lookout for more information coming soon about this effort.  In the mean time, it would very helpful to the cause if you are able to collect any stories about how DRAM Shop is having a negative affect for your local restaurants, especially if you reside near state lines and have had restaurants relocate across the border.
IWILL and Water Quality

As the session progresses, so too is the water quality discussion. There are now a couple of competing bills to IWILL's approach, mostly aimed at raiding the Rebuild Iowa's Infrastructure Fund (RIIF) that comes from gaming proceeds (which the State relies upon for major infrastructure buildings). Most notably is SSB 1034 which was introduced by Governor Branstad.
 
The IWILL effort continues to pick up endorsements and is working a legislative proposal that should come out soon. It's important that supporters stay the course in reminding legislators that IWILL is still be best option for fixing Iowa's water quality challenges.
 
See the message below that just went out to IWILL supporters:
 
Since voters headed to the polls in 2010 and decisively and overwhelmingly supported a measure that would have protected our natural resources, poll after poll consistently shows that Iowans want to #FundTheTrust which will support projects that protect our land and water resources.

It's frankly long overdue -- but now, in 2017, we have a shot to finally deliver on this promise. Here's how we know: A poll released last week by the Des Moines Register shows that support for a sales tax increase to fund the Natural Resources and Outdoor Recreation Trust Fund is at 56%. Among Iowans under 35 support skyrockets to a whopping 67%!

It's a powerful message to lawmakers: 2017 is the year to finally get this done! Can you help us spread the word by forwarding this to three people who should see it?

You should also know that legislation currently being considered in the legislature this year would include offsetting tax cuts to make increasing the sales tax revenue neutral. An earlier poll completed by the bipartisan Public Opinion Strategies shows 73% of Iowans support "funding the Trust Fund through increasing the sales tax with a comparable offset in another tax." 73%!

Bottom line is this: Iowans want to get this done. Period.

That's why we're going to talk directly with lawmakers in Des Moines about finally funding the trust fund seven years after voters created it. Our effort puts Iowa first and it puts the well-being and prosperity of our people above politics, or anything else. Make no mistake: Support for our effort is growing as people across ideologies and professions join us.

-- Iowa's Water and Land Legacy  
Bills Being Tracked for TFI
This is a list of the bills being tracked for TFI and their status at the time of publication.  The online bill list is updated constantly, so if you wish to see the updated bill list, just go to http://www.ialobby.com/billtracker/bills.cfm?ClientID=6&NoHeader=0

Bill# Title Status
HF1
Executive Branch Program/Project Review
Summary | Details
House State Government Committee

Establishes an ongoing system of review and ongoing repeal dates for Executive Branch programs and projects.
HF100
Environmental Protection Agency Regulations
Summary | Details
House Natural Resources Committee

Nullifies the regulations of the US Environmental Protection Agency in Iowa.
HF106
REAP Fund
Summary | Details
House Natural Resources Committee

Reallocates REAP funding.
HF107
Iowa Zoo Fund
Summary | Details
House Ways & Means Committee

Creates the Iowa Zoo Fund and a $1 income tax return checkoff for the fund.
HF186
Hotel/Motel Tax
Summary | Details
House Ways & Means Committee

Permits a land use district to impose the local hotel and motel tax upon the renting of any lodging within the district.
HF227
Lake Macbride State Park
Summary | Details
House Natural Resources Committee

Regulates closing time for and use of alcoholic beverages in Lake Macbride State Park.
HF245
Cultural Trust Fund
Summary | Details
House Appropriations Committee

Allocates $6,135,000 from the taxpayer trust fund to the Iowa cultural trust fund for FY2016-2017.
HF246
Public Art in State Buildings
Summary | Details
House State Government Committee

Eliminates current requirements that state building designers work with the department of cultural affairs to integrate fine arts elements into building construction.
HF26
School Board Powers
Summary | Details
House Education Committee

Allows a school board to exercise any power, not inconsistent with the laws of the general assembly, related to the operation, control, and supervision of the public schools located within its district boundaries.
HF283
Crossbow Deer Hunting License
Summary | Details
House Natural Resources Committee

Allows Iowa residents age 70 or older to be issued a special senior statewide antlered or any sex deer crossbow hunting license.
HF284
Hunting/Fishing Outfitter and Guides Registration
Summary | Details
House Natural Resources Committee

Requires hunting and fishing outfitters and guides to be registered.
HF288
Water Service Taxation
Summary | Details
House Ways & Means Committee

Exempts from the state sales tax the sales price from the sale or furnishing by a water utility of a water service in the state to consumers or users. 
HF291
Collective Bargaining
Summary | Details
Signed

Makes changes to several employment matters involving public employees, including collective bargaining, educator employment matters, personnel records and settlement agreements, and city civil service requirements.
HF295
Minimum Wage
Summary | Details
House Floor

Prohibits a county or city from providing for any terms or conditions of employment that exceed or conflict with the requirements of federal or state law relating to a minimum or living wage rate, any form of employment leave, hiring practices, employment benefits, scheduling practices, or other terms or conditions of employment.
HF316
Regional Water Authority
Summary | Details
House Agriculture Committee

Creates a regional water authority and regional water authority board to assume the transfer of powers, duties, assets, and liabilities of a water utility.
HF328
Soil and Water Conservation Practice
Summary | Details
House Agriculture Committee

Exempts certain soil and water conservation practices from being considered as the practice of engineering.
HF335
Public Recreational Use Area Tax Credit
Summary | Details
House Ways & Means Committee

Provides a tax credit and other benefits for private land owners who make land and water areas available for public recreational purposes.   
HF69
Trespassing Penalties
Summary | Details
House Floor

Modifies penalties for trespassing.
HF76
Local Option Sales Tax Rate
Summary | Details
House Natural Resources Committee

Allows an increase in the maximum local option sales tax rate to fund local natural resources and outdoor recreation projects.
HF83
Motor Vehicles Passing Bicyclists
Summary | Details
House Transportation Committee

Prohibits motor vehicles that are passing bicyclists on a highway from bringing the vehicle within five feet of the bicycle.
HF90
Raceway Facility Sales and Use Tax Rebate
Summary | Details
House Ways & Means Committee

Modifies the sales and use tax rebate to the owner or operator of a raceway facility.
HF91
Hotel/Motel Tax Exemption
Summary | Details
House Ways & Means Committee

Extends the length of a room rental to qualify for the state and local hotel/motel taxes from 31 consecutive days to 90 or more consecutive days.
HJR3
Home Rule/School Districts Constitutional Amendment
Summary | Details
House Education Committee

Amends the State Constitution to provide home rule powers and authority for school districts.
HJR4
Right to Hunt, Fish, Trap, Harvest Wildlife Constitutional Amendment
Summary | Details
House Natural Resources Committee

Proposes a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wildlife.
HSB102
Native Wine Manufacturers
Summary | Details
House Commerce Committee

Authorizes a native wine manufacturer to sell native wine at retail for consumption on the premises of the manufacturer or in a retail establishment operated by the manufacturer.
HSB108
Alcoholic Beverage Control
Summary | Details
House State Government Committee

Makes several changes concerning alcoholic beverage control and matters administered by the Alcoholic Beverages Division of the Department of Commerce.
HSB43
Local Option Sales Tax
Summary | Details
House Ways & Means Committee

Makes changes to the process for approving and imposing a the local option sales and services tax.
HSB74
Liquor Sales
Summary | Details
House Commerce Committee

Allows a person holding a class "C" native wine permit and a class "A" native wine permit to purchase alcoholic liquor from a class "E" liquor control licensee for sale at retail.
HSB9
Primary Road Fund
Summary | Details
House Transportation Committee

Allows the state transportation commission to periodically allocate funds from the Primary Road Fund (PRF) to the secondary and municipal road systems in exchange for retaining all or a portion of federal aid road funds that would otherwise be allocated to counties and cities.
SF110
Water Quality and Soil Conservation Assessment
Summary | Details
Senate Agriculture Committee

Requires commodity organizations to establish a separate state assessment for water quality and soil conservation, if approved by a majority of its members at a referendum.
SF130
Appropriations for FY2016-17
Summary | Details
Signed

Makes appropriations reductions and reallocations for FY2016-17.
SF133
Micro-Distilled Spirits Promotion
Summary | Details
Senate Commerce Committee

Renames the Iowa Wine and Beer Promotion Board and appropriates funds for the promotion of Iowa wine, beer, and spirits.
SF14
Sales Tax Increase
Summary | Details
Senate Ways & Means Committee

Increases state sales tax rate from 6 percent to 6.375 percent and provides for the transfer of sales tax revenues to the natural resources and outdoor recreation trust fund.
SF161
Catfish
Summary | Details
Senate Natural Resources & Environment Committee

Allows catfish to be taken by hand fishing. 
SF167
State Sales and Use Tax
Summary | Details
Senate Ways & Means Committee

Increases the state sales and use tax to 6.375%, and provides for the transfer of sales tax revenues to the natural resources and outdoor recreation trust fund. Amends the transfer of use tax revenues to the SAVE fund to 15.6863%.
SF176
IEDA Technical Corrections
Summary | Details
Senate Floor

Makes technical corrections to IEDA programs and projects.
SF20
Fishing License Fees
Summary | Details
Senate State Government Committee

Increases fees for certain fishing licenses by 50 percent.
SF210
Pathogen Transmission
Summary | Details
Senate Agriculture Committee

Provides that a county or district fair is not liable for damages caused by a pathogen transmitted from a location at a fair event where an animal is kept for more than three hours.
SF217
Enhance Iowa Fund
Summary | Details
Senate Appropriations Committee

Makes contingent appropriations of $25 million to the Enhance Iowa Fund.
SF257
Bass Fishing Tournaments
Summary | Details
Senate Floor

Establishes requirements for bass fishing tournaments on public waters and requires a permit to conduct such tournaments.
SF258
Hunting Restrictions
Summary | Details
Senate Floor

Prohibits the natural resource commission from restricting hunting on specific private property or for the hunting of a particular wild animal, so long as the hunter is otherwise qualified to hunt in this state, purchases the appropriate fees/licenses, and adheres to regulations.
SF259
Operation of Motorboats on Lake Macbride
Summary | Details
Senate Floor

Allow the operation of motorboats with power units exceeding 10 horsepower at any time on Lake Macbride so long as the motorboats are operated at no-wake speed.
SF38
Individual Income & State Sales and Use Taxes
Summary | Details
Senate Ways & Means Committee

Repeals the individual income tax and increases the state sales and use tax rates.
SF46
Gambling License Moratorium
Summary | Details
Senate State Government Committee

Establishes a moratorium preventing the Racing and Gaming Commission from issuing a new license to conduct gambling games on an excursion gambling boat, gambling structure, or at a pari-mutuel racetrack.
SF48
MS Support Fund
Summary | Details
Senate State Government Committee

Creates a lottery game to benefit individuals with Multiple Sclerosis (MS).
SJR1
State Spending Limit/Constitutional Amendment
Summary | Details
Senate Appropriations Committee

Proposes an amendment to the Iowa Constitution that limits state spending to 99% of revenue estimates, or 104% of the revenue estimates for the current fiscal year (whichever is greater).
SJR4
Right to Hunt, Fish, Trap, Harvest Wildlife Constitutional Amendment
Summary | Details
Senate Natural Resources & Environment Committee

Proposes a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wildlife.
SSB1034
Water Quality/Wastewater Treatment
Summary | Details
Senate Natural Resources & Environment Committee

Modifies existing wastewater treatment program, establishes new water quality programs, and creates a water service excise tax and sales tax exemption.
SSB1097
Alcoholic Beverage Control
Summary | Details
Senate Commerce Committee

Makes several changes concerning alcoholic beverage control and matters administered by the Alcoholic Beverages Division of the Department of Commerce.
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