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Legislative Session Update
Monday, March 6, 2017, will mark the 57th Session day of the scheduled 100-day
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A subcommittee meeting in the House Lounge with several people waiting to speak about a bill. This one involves Certificate of Need, a program at Public Health that regulates the locating of new health centers. |
session. The Legislature will be looking to wrap up all of its remaining work in the next six weeks or so.
First Funnel
This past Friday was the "first funnel deadline," an administrative mechanism the Legislature uses to winnow away legislation that is not showing forward progress enough to have a realistic goal of becoming law. If a bill has not been approved by the committee to which it was assigned by the first funnel deadline, it is dead for the year. For example, a bill assigned to the House Education Committee to stay alive would need to have been assigned to a subcommittee, passed the subcommittee and then passed the full committee. Bills
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A subcommittee on a bill to get rid of several boards and commissions drew so many attendees that over 50 people crowded the hallway never able to enter the room. |
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assigned to the committees on Ways & Means, Oversight and Appropriations are exempt from the funnel deadlines.
The first funnel deadline is probably the most challenging stage of the session for a legislator or a lobbyist (aside from the closing 2-4 days) because the funnel week and the week before it are stacked wall-to-wall with meetings from early morning often deep into the night. It is not uncommon to have meetings on bills every 15 minutes to a half hour from 8am to 6pm, and to also have multiple occurrences of three or more at the same time that requires racing across the building in order to weigh in on legislation while you have a chance.
Heavy Lifting on Many Issues
This year's first funnel week was particularly exhausting due to the heavy lifting that had to be done on some of the priority bills for the majority party in the House and Senate. These included a major gun bill in the House, legislation to overhaul the Worker Comp system in both chambers, abortion bills dealing with both life at conception and a ban on procedures after 20 weeks, Voter ID legislation in both chambers, water quality legislation in both chambers, legislation to ban sanctuary cities, medical malpractice legislation, legislation to add regional representation to the Des Moines Water Works board, legislation to both continue and to expand the State's cannabidiol program, legislation to get rid of a number of professional licensure boards and commissions, and legislation to replace the popular bottle bill with a beautification grant program. Some of these issues didn't make it, some had to be altered heavily in order to survive, and some stayed largely intact as introduced.
A lot of media focus this week was on the Worker Comp legislation, since the bills were just introduced and then rushed through subcommittee and committee in both chambers to keep them alive. The bill is extremely technical and really requires a decent understanding of the system and potential abuses to understand how it will impact workers and companies. Opponents are saying it is far-reaching and unnecessary; proponents claim the changes are desperately needed to update Iowa's system. The Iowa League of Cities does have a handy section-by-section analysis of the bill
HERE.
The gun bill in the House has been covered heavily in the media for weeks, and it was
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Room 116 of the Capitol, packed during a subcommittee meeting on Worker Comp legislation. |
slimmed down considerably in order to remove some of the controversy. The biggest piece to be stripped out was the prohibition on cities, counties, community colleges and the Regents Universities being able to regulate guns on their property. The bill still contains the controversial "Stand Your Ground" section, along with allowing kids of any age to shoot with their parents, and several permits changes that are largely non-controversial.
The next few weeks will consist of two main things: Preparation for both the Second Funnel and the Budget
Second Funnel
The second funnel deadline is now four weeks away (on March 31, 2016), and is the date by which legislation, in order to stay alive, will need to have been passed by the committee to which it was assigned in BOTH the House and the Senate. To get ready for the second funnel, both the House and the Senate need to pass as many of their priority bills as quickly as possible over to the other chamber with enough time for the second chamber to be able to get the bill into committee, assigned a subcommittee, passed by a subcommittee and then passed by the full committee. The next couple weeks, in particular, will be loaded with floor debate in both the House and Senate. (Note though that if a bill exists in identical form in both chambers, and has been passed by committee in both chambers, it has qualified for the funnel deadline, even though it hasn't yet passed either the House or Senate.)
Budget
The Revenue Estimating Conference (REC) will meet on March 14, 2017, to assess State revenues and expenditures and to revise their estimates as to how much money the Legislature and Governor have to work with in the upcoming year. If they revise upward, then the Legislature will move forward on the budget process using (lower) numbers produced in the December REC meeting. If the revise downward, then the Legislature will need to start putting together the FY 2018 budget using the newer lower numbers. If the downward revision is large enough, it COULD require the Legislature to write and pass another deappropriations bill that attempts to lower expenditures even further over the final three and a half months of the current fiscal year.
Once the REC numbers are in, the Legislature will begin the budget process. The first step of that will be to divide the available revenues among the seven Appropriations Committee subcommittees and determine the overall amount each of them is authorized to expend in each appropriations bill. This is often referred to as establishing budget targets. Once the targets are set, each Appropriations Subcommittee begins that work of allocating those funds among the programs within their jurisdiction.
That means the next two weeks are a good time to be talking to your legislators about programs important to you! Once the appropriations bills are written, and your priority is underfunded, getting it increased requires taking it from someone else. That's never an easy proposition.
Public Hearings Monday/Tuesday
Late this past week, lawmakers set four public hearings for this Monday and Tuesday, March 6 & 7 at the Capitol. They are at different times on the following issues: the Des Moines Water Works bill, legislation blocking local governments from setting their own rules on issues like minimum wage (commonly called "preemption"), the Voter ID bill, and the Worker Comp bill. You can read the notices and sign up to speak at one of the public hearings by following
THIS LINK. Additionally, if you feel strongly about these or any other issues, do not hesitate to contact your legislators; you can find them
HERE
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PUBLIC FORUMS
You can find a list of legislative and Congressional forums planned throughout the state here.
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Alcohol Task Force
Legislation
(HF 521) to implement some of the recommendations of the joint IEDA/Alcohol Beverages Division's Task Force on updating Iowa's alcohol laws survived the funnel and will continue moving forward. TFI is registered in support of this bill.
Among the recommendations, the task force had suggested the State remove the cap on how many gallons can be produced by a distillery in Iowa in order to reap the full benefits of the changes. In committee, however, a cap of 100,000 gallons was put back into the bill at the request of the Iowa Beer Wholesalers. Most of the micro-distillers agreed that they can operate within that change in the bill.
DRAM Shop
A bill to fundamentally overhaul the State's DRAM Shop Insurance system in Iowa ran into some snags getting out of the gates, partially due to the fact that a lot of people misunderstand this issue and assume a fix will somehow help people that are breaking the law. That is simply not the case. The Iowa Restaurant Association has lead a broad effort over the past year to bring people together in drafting legislation that will both protect the ability of innocent victims to seek damages while also making changes that lowers insurance costs to law-abiding restaurant owners that are being squeezed out of Iowa by high insurance premiums.
The bill (
SSB 1179) to implement the Iowa Restaurant Association's changes was introduced late this past week and almost immediately died in the first funnel. However, the language is out there for comment, TFI is registered in support, and we plan to do what we can to help push this issue forward when the bill comes to life again next January.
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Water Quality Heating Up
After weeks with lots of mentions, but without much actual legislative action on the issue, water quality took a leap forward last week. Legislation advanced in both and House and the Senate and a third proposal began to take shape behind the scenes.
We'll start with the
Governor's bill (SSB 1034), since anyone tracking the issue last year will recognize 1034 as last year's House bill. The bill would devote over $700 million to water quality over the next 12 years, roughly $260 million from the General Fund and about $184 million by tapping into the Rebuild Iowa's Infrastructure Fund (RIIF), which is otherwise used for a number of state programs ranging from building projects at the Regents Universities to trail funding and Resource Enhancement and Protection (REAP) funding. The bill would also replace the sales tax on metered water with a water service excise tax to fund a $284 million expansion of the existing wastewater treatment program for local governments. The bill passed out of the Senate Natural Resources Committee Thursday by a vote of 12 to 1. It will now likely head to the Senate Ways & Means Committee for more review.
In the House, the Agriculture Committee passed HSB 135 with a 13-5 vote, the House's new-and-improved version of their bill from last year. The bill appropriates $232 million over the fiscal years 2018 to 2030 from the RIIF to the Water Quality Infrastructure Fund, along with $262 million from the General Fund. Similarly, the bill would phase-in a replacement of the sales tax on metered water with an excise tax that is devoted to water and wastewater treatment investments by local governments. This equals about $738 million over the bill's life span.
The bill would create a nutrient exchange system that could be employed to help communities lower their water and wastewater treatment costs by supporting investments elsewhere in the watershed. The bill makes it possible for the Iowa Finance Authority to make more funds available to local governments by authorizing them to bond against the funds generated by the excise tax. Finally, the bill expands the ability to be able to use 28E agreements to further these water quality goals.
A third proposal, being drafted by Rep. Bobby Kaufmann, would improve upon the House and Senate bills by implementing the IWILL proposal, a permanent $200 million/year funding that flows into the Natural Resources and Outdoor Recreation Trust Fund, at least 60% of which would have to be used for specific water quality. While Rep. Kaufmann's proposal is still in drafting, the details of the bill are as follows:
- Division 1 of the bill would increase the state sales tax by 1/8 of a cent on January 1, 2018, then again on January 1, 2019, and then a final 1/8 cent on January 1, 2020. The division also makes technical changes to ensure the 1-cent for schools does not change.
- Division 2 of the bill would require the Department of Revenue to determine exactly how much revenue was raised in Division 1 so that same amount could be used for income tax cuts. The bill would reduce the nine state income tax rates by an amount that would equal that number, starting with the lowest rate and then moving to the next rate after eliminating that rate.
- Division 3 of the bill would convert the sales tax on metered water into a six percent excise tax, all of which would eventually be transferred to the wastewater and drinking water treatment financial assistance fund. The bill also makes other changes to make it easier for cities to use these funds.
- Division 4 of the bill would require that at least 60 percent of the money deposited in the Natural Resources and Outdoor Recreation Trust Fund be used on research-based water quality initiatives that are part of the Iowa Nutrient Reduction Strategy, have a life expectancy of more than 24 months, and provide for multiple natural resource benefits.
We hope to see Rep. Kaufmann's bill introduced and numbered soon.
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Post-First Funnel Bill Tracker List
Listed below in the FIRST Table are bills we are tracking for you that SURVIVED the first funnel deadline. In the SECOND table, we list the bills we are tracking for you that DIED in the funnel (though be advised a similar version may still be alive).
Bills Still Alive
HF107 |
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House Ways & Means Committee |
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Creates the Iowa Zoo Fund and a $1 income tax return checkoff for the fund.
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HF186 |
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House Ways & Means Committee |
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Permits the Amana Colonies in the State to jointly impose the local hotel and motel tax upon the renting of any lodging within the district.
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HF245 |
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House Appropriations Committee |
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Allocates $6,135,000 from the taxpayer trust fund to the Iowa cultural trust fund for FY2016-2017.
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HF288 |
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House Ways & Means Committee |
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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.
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HF291 |
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Signed |
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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.
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HF295 |
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House Floor |
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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.
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HF335 |
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House Ways & Means Committee |
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Provides a tax credit and other benefits for private land owners who make land and water areas available for public recreational purposes.
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HF403 |
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House Floor |
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Provides that personal information for government volunteers is confidential.
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HF477 |
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House Ways & Means Committee |
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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.
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HF510 |
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House Floor |
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Authorizes DNR to establish fees for camping, use of rental facilities, and other special privileges at state parks and recreation areas under the DNR's jurisdiction.
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HF513 |
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Senate & House Floors |
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Makes several provisions for the safe operation of bicycles.
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HF517 |
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House Floor |
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Makes several provisions related to carrying, possessing, acquiring, and using weapons, including allowing the possessing of pistols and revolvers by individuals under age 14, permitting concealed carry at the State Capitol, and justifiable use of reasonable and deadly force (stand your ground)., or
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HF518 |
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House Floor |
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Makes several provisions related to workers' compensation.
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HF521 |
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House Floor |
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Makes several changes concerning alcoholic beverage control and matters administered by the Alcoholic Beverages Division of the Department of Commerce.
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HF69 |
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House Floor |
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Modifies penalties for trespassing.
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HF90 |
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House Ways & Means Committee |
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Modifies the sales and use tax rebate to the owner or operator of a raceway facility.
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HSB135 |
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House Floor |
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Establishes new water quality programs, makes appropriations related to water quality, and creates a state water service excise tax and a related sales tax exemption.
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HSB163 |
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House Floor |
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Repeals the beverage containers control law and replaces it with new recycling, litter control, and community enhancement programs.
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HSB43 |
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House Ways & Means Committee |
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Makes changes to the process for approving and imposing a the local option sales and services tax.
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SF130 |
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Signed |
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Makes appropriations reductions and reallocations for FY2016-17.
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SF14 |
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Senate Ways & Means Committee |
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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.
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SF167 |
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Senate Ways & Means Committee |
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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%.
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SF176 |
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Senate Floor |
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Makes technical corrections to IEDA programs and projects.
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SF217 |
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Senate Appropriations Committee |
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Makes contingent appropriations of $25 million to the Enhance Iowa Fund.
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SF257 |
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Senate Floor |
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Establishes requirements for bass fishing tournaments on public waters and requires a permit to conduct such tournaments.
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SF258 |
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Senate Floor |
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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.
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SF259 |
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Senate Floor |
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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.
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SF362 |
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Senate Floor |
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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.
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SF38 |
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Senate Ways & Means Committee |
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Repeals the individual income tax and increases the state sales and use tax rates.
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SJR1 |
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Senate Appropriations Committee |
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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).
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SSB1034 |
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Senate Floor |
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Modifies existing wastewater treatment program, establishes new water quality programs, and creates a water service excise tax and sales tax exemption.
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SSB1125 |
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Senate Ways & Means Committee |
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Gives combined benefited recreational lake and water quality districts the same power to issue bonds that cities have.
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SSB1146 |
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Senate Floor |
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Creates a regional water authority and regional water authority board to assume the transfer of powers, duties, assets, and liabilities of a water utility.
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SSB1162 |
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Senate Ways & Means Committee |
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Modifies hotel/motel tax exemption.
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DEAD Bills
HF1 |
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House State Government Committee |
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Establishes an ongoing system of review and ongoing repeal dates for Executive Branch programs and projects.
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HF100 |
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House Natural Resources Committee |
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Nullifies the regulations of the US Environmental Protection Agency in Iowa.
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HF106 |
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House Natural Resources Committee |
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Reallocates REAP funding.
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HF227 |
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House Natural Resources Committee |
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Regulates closing time for and use of alcoholic beverages in Lake Macbride State Park.
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HF246 |
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House State Government Committee |
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Eliminates current requirements that state building designers work with the department of cultural affairs to integrate fine arts elements into building construction.
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HF26 |
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House Education Committee |
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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.
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HF283 |
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House Natural Resources Committee |
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Allows Iowa residents age 70 or older to be issued a special senior statewide antlered or any sex deer crossbow hunting license.
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HF284 |
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House Natural Resources Committee |
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Requires hunting and fishing outfitters and guides to be registered.
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HF328 |
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House Agriculture Committee |
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Exempts certain soil and water conservation practices from being considered as the practice of engineering.
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HF378 |
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House Agriculture Committee |
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Establishes a clean water fund supported by a separate state assessment of agricultural commodity organizations.
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HF76 |
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House Natural Resources Committee |
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Allows an increase in the maximum local option sales tax rate to fund local natural resources and outdoor recreation projects.
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HF83 |
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House Transportation Committee |
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Prohibits motor vehicles that are passing bicyclists on a highway from bringing the vehicle within five feet of the bicycle.
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HJR3 |
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House Education Committee |
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Amends the State Constitution to provide home rule powers and authority for school districts.
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HJR4 |
Right to Hunt, Fish, Trap, Harvest Wildlife Constitutional Amendment |
Summary | Details |
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House Natural Resources Committee |
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Proposes a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wildlife.
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HSB102 |
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House Commerce Committee |
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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.
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HSB179 |
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House Commerce Committee |
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Provides limitations on business interests concerning alcoholic beverage control.
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HSB74 |
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House Commerce Committee |
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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.
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HSB9 |
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House Transportation Committee |
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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.
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SF110 |
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Senate Agriculture Committee |
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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.
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SF133 |
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Senate Commerce Committee |
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Renames the Iowa Wine and Beer Promotion Board and appropriates funds for the promotion of Iowa wine, beer, and spirits.
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SF161 |
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Senate Natural Resources & Environment Committee |
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Allows catfish to be taken by hand fishing.
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SF20 |
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Senate State Government Committee |
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Increases fees for certain fishing licenses by 50 percent.
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SF289 |
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Senate Transportation Committee |
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Increases interstate highway speed limit to 75.
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SF345 |
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Senate Transportation Committee |
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Increases the share of the special snowmobile fund allocated to political subdivisions or private organizations; allows funds to be use for trail grooming equipment; and makes exemption from snowmobile registration requirements.
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SF46 |
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Senate State Government Committee |
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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.
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SF48 |
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Senate State Government Committee |
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Creates a lottery game to benefit individuals with Multiple Sclerosis (MS).
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SJR4 |
Right to Hunt, Fish, Trap, Harvest Wildlife Constitutional Amendment |
Summary | Details |
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Senate Natural Resources & Environment Committee |
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Proposes a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wildlife.
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SSB1154 |
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Senate Local Government Committee |
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*Note that a similar bill is still alive and will be soon be debated in the House. Prohibits a county or city from adopting employment terms or conditions that exceed or conflict with federal or state requirements, including minimum wage, employment leave, hiring practices, employment benefits, and scheduling practices.
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SSB1179 |
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Senate Commerce Committee |
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Limits the liability of an alcoholic beverage licensee or permittee for certain alcohol-related injuries.
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