Iowa General Assembly – Legislative Session Week 8

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Week Eight brought remarkable and historic weather, a late-night floor debate in the House, and the first bills signed by the Governor this session.

Monday’s high of 78° broke the record of 70° set in 1896. This unseasonable heat put a Red Flag Warning into effect, indicating fire danger. A sudden snap of cold Tuesday into Wednesday caused everyone to bring their winter coats back out, and county emergency management teams activated extreme temperature plans due to below-zero wind chill.

The roller coaster weather did not impact activity at the Capitol…

This week, both chambers sent the first bills of the 2024 session down to the Governor: in total, there were 12 bills enrolled and messaged to the Governor; the House sent 36 over to the Senate, and the Senate passed 14 over to the House.

Bills Signed into Law/Enrolled Bills

Notably, the Governor’s priorities are beginning to cross the finish line. The first bill enrolled in 2024 was the Governor’s Foreign Ownership of Land Bill (SF 2204). The bill closes a loophole that could let foreigners or foreign governments be investors in limited liability companies or involved in trusts that acquire Iowa farmland. Governor Kim Reynolds issued the following statement in response to the Iowa House passing SF 2204:

“American farmland should remain in American hands, and Iowa’s agricultural dominance must be protected. Other states look to Iowa as a model, but foreign adversaries are adapting, and our laws must too. I’m proud that the first bill sent to my desk this legislative session had bipartisan support to protect our most valuable resource: our land. Iowans across all 99 counties have expressed the need for tougher foreign ownership laws that strengthen enforcement, increase reporting, and enhance transparency. And today, we can say we’ve delivered.”

The Governor’s bill to Repeal Gender Balance (SF2096) requirement for state panels also made it to her desk this week. The bill is one of several recommendations made by the Boards and Commissions Review Committee, which was established by the Governor as part of her goal to make state government leaner and more efficient.

After being approved by both chambers and enrolled, the Governor must sign bills within three days or they are vetoed. This week the Governor signed the first bill of the session into law. HF 2485 gives common interest communities control over public lakes; this bill will have effects on Lake Panorama and other bodies of water around the state.

In addition to the bills mentioned above, several others have now been sent to the Governor for her consideration.

Enrolled Bills

Bill Title Date Enrolled
HF 2101 Water system purchases 2/26/2024
HF 2175 Extends the repeal date of the Iowa Cell Siting Act. 2/26/2024
HF 2265 Increases the time for notice of non-renewal/renewal of a personal lines insurance policy. 2/26/2024
HF 2277 Prohibits certain conduct of a brewer with regard to wholesaler agreements. 2/26/2024
HF 2400 Permits 3rd party access to dental provider care network under certain conditions. 2/26/2024
SF 2096 Repeals gender balance requirements for state boards and commissions. 2/26/2024
SF 2160 Creates new definitions and requirements for ambulatory surgical centers. 2/27/2024
SF 2161 Increases the penalties for knowingly making swatting reports. 2/26/2024
SF 2204 Establishes registration requirements for foreign ownership of agricultural land. 2/26/2024
SF 2291 Brokerage agreements and broker powers. 2/27/2024

Legislative Activity

Education

Education continued to dominate conversations and floor time in the House in Week Eight.

Area Education Agencies

The House version of the Area Education Agency (AEA) reform plan was advanced after a lengthy and fiery floor debate Thursday night. Supporters of HF 2612 said the legislation would not impact services to students with disabilities – schools would be required to continue working with their local AEA for those services but could contract out other work like general education and media. During the debate, Democrats were critical of any changes to AEAs, calling it rushed and against Iowan’s wishes. The bill’s sponsor Republican Rep. Wheeler said he wished he could change things about the rollout of the bill, which has undergone significant changes since the Governor’s version was introduced in January. The Senate version (SF 2386) is still more aligned with the Governor’s initial proposal but will have to change for the same version to pass both chambers.

Nine Republicans voted with Democrats against the bill including Andrews (Polk), Dieken (O’Brien), Cisneros (Muscatine), Graber (Lee), Jeneary (Plymouth), Mohr (Scott), Rinker (Des Moines), Sorenson (Adair), and C. Thomson (Floyd). The bill passed on a 53-41 vote and messaged to the Senate.

Iowa State Education Association President Mike Beranek released a statement on the bill’s passage:

“We remain steadfast in our support of Iowa’s Area Education Agencies. The system is successful, and the House-passed bill, while not as draconian as the Governor’s initial proposal, is still a solution in search of a problem. Thousands of Iowans have contacted legislators and the Governor with support and praise about their experiences with their AEAs. They are not being listened to. Any system can be improved, but such improvement needs to be thoughtful and responsive to Iowans’ input. As this legislation moves forward, we implore the Senate and Governor Reynolds to commit to doing what is right for all Iowans and take no action that would reduce services for any students. Doing anything else is irresponsible.”

Governor Reynolds also released a statement:

“Thank you to House leadership and House members for making progress on this important piece of legislation. The AEA system is failing our students, national and state test scores show it and the U.S. Department of Education tells us that too. Improving student outcomes has always been at the forefront. The system must provide transparency and accountability to school districts, those closest to our students, and drive consistency across the AEA regions to improve services for students with disabilities. That’s what I’ve heard from over 100 school districts as I’ve traveled the state, and I look forward to more conversations as the legislation moves forward.”

University & Regent Programs

Additionally, on Thursday evening, the House debated and passed the “Higher Education Reform Act of 2024” (HF 2558) on a 56-39 vote with six Republicans voting with Democrats against the bill: Ingels (Fayette), Latham (Franklin), Lohse (Polk), Siegrist (Pottawattamie), Sorenson (Adair), and Young (Dallas).  HF 2558 makes changes to the diversity, equity, and inclusion (DEI) policies, tuition, and administrator hiring at State universities; makes changes to the membership of the State Board of Regents; and instructs the State universities and community colleges to establish student-employer work and tuition programs. 

Notably, the bill requires Iowa’s three public universities to eliminate all staff positions focused on diversity, equity, and inclusion that are not necessary to comply with state or federal law and to cap in-state tuition increases at 3% per year. The bill now goes to the Senate for consideration.

Social Studies Subjects & Regents

Two bills reshaping the K-12 curriculum passed the House on Wednesday. HF 2544 specifies social studies and civics topics for certain grade levels, including an emphasis on Western culture and U.S. history. Representative Boden (R-Warren), the floor manager of the bill, said the aim is to improve standards in Iowa schools. The bill would also prohibit state universities from awarding credit for classes that involve political activists. Opponents of the bill criticized the legislature for prescribing curriculum instead of allowing the state board of education to do so. After a lengthy debate, the bill passed 58-37 and was referred to the Senate Education Committee.

HF 2545 would require a statewide literacy plan to be submitted by Iowa’s education director after a comprehensive review of high school graduation requirements and curriculum. The House passed the bill 61-33 and was also referred to the Senate Education Committee.

School Security

The House voted to advance HF 2586 on Wednesday night, which would allow teachers and school staff to obtain a professional permit to carry guns in public, private, and university school settings. The bill would also require the largest school districts in the state to employ school resource officers (SROs) in high school buildings unless the district’s school board votes against it. The nonpartisan Legislative Services Agency estimated the proposal would cost the state $15.1 million. Supporters of the bill have said this measure will prevent future school shootings by increasing security. Democrats spoke in opposition to the measure, citing concerns about introducing more firearms to school grounds and a lack of investment in mental health resources. The bill passed the House 61-34 and now goes to the Senate for review; the Senate has not introduced similar legislation.

After the school shooting in Perry, Iowa, lawmakers are seeking solutions to this nationwide problem. Another bill on school security (HSB 692) was introduced in February, which establishes grants for schools to invest in school safety measures such as firearm detection software, emergency communication systems, and establishing a task force on safety infrastructure. HS B692 was passed out of the subcommittee on Thursday and now moves to the full House Appropriations Committee for consideration.

State Government

Religious Freedom Restoration Act

HF 2454, the Religious Freedom Restoration Act (RFRA) was sent to the Governor after passing the House Thursday night. The Senate debated the same legislation last week and this week’s debate brought up similar arguments.

Democrats expressed caution that the bill could be used to justify discrimination against LGBTQ Iowans and other minority groups. They cited a number of Iowa businesses that fear the bill for the damage it could do to Iowa’s economy. Republican Rep. Host Floor managed the bill and argued that RFRA has been used in some cases to protect marginalized populations.

Governor Reynolds is expected to sign the bill very soon, and released a statement on its passage:

“The right of religious freedom is endowed upon us by our creator — not government,” Reynolds said in a statement. “Our founders recognized this principle, and today the Iowa House took a step forward to protect it. Twenty-three states around the country, with both Republican and Democrat governors, have passed similar laws. Now, it’s Iowa’s turn.”

Appropriations

Opioid Settlement Fund

On Tuesday, the Senate approved the Opioid Settlement Bill SF 2395 on a 36-13 vote; the bill will send 75% of the Opioid Settlement funds to the Department of Health and Human Services (HHS) and 25% to the Attorney General’s office to fulfill duties under the settlement.

Judiciary

E-Verify

Over the vocal opposition of business groups, SF 108 passed the Senate on Wednesday. SF 108 requires employers to use the federal E-Verify system to confirm workers’ citizenship or immigration status. If an employer knowingly employs an unauthorized employee, they could be reported to Iowa Workforce Development and potentially taken to the district court. Much of the business community spoke in opposition to the bill at a January subcommittee with concerns about inaccuracies with the E-Verify system.

Workforce

Unemployment Claims

SF 2106 is a bill that affects steps an unemployed person must take to receive benefits, including requiring a person to file at least four work searches each week with real-time verification. The bill’s floor manager, Republican Senator Dickey (R-Jefferson), said the bill codifies current practices of the Department of Workforce Development and encourages workers to find employment rather than continuing to collect unemployment benefits. An amendment was introduced by Senator Boulton (D) and Senator McClintock (R) to waive the work search requirements for seasonal workers with a reasonable expectation of returning to work. The amendment was voted down and a technical clarifying amendment from Senator Dickey was adopted. SF 2106 passed the Senate 30-17 on Wednesday and its companion HF 2524 is eligible for debate in the House.

2024 Election

All four of Iowa’s U.S. House members filed their nominating papers this week and will run for re-election. On Monday, the first day to submit petitions for Iowa’s 2024 primary ballot, Congressman Zach Nunn (District 3), Congresswoman Mariannette Miller-Meeks, (District 1), and Congresswoman Ashley Hinson (District 2) all submitted their forms to be on the ballot in the June primary. Congressman Randy Feenstra (District 4) filed his paperwork on Wednesday of this week.

March 15 is the filing deadline for federal candidates and state candidates alike.

What’s next?

Revenue Estimating Conference

The Revenue Estimating Conference (REC) will meet on March 15 to provide an update on Iowa’s revenue. The legislature is statutorily required to utilize the lesser of the December or March REC when crafting their budgets. When the March REC/State revenue numbers are agreed upon, lawmakers can begin conversations related to the development of the FY 2025 budget.

Friday, March 15 will bring another major legislative milestone: the second legislative funnel. At that time, policy bills that do not receive floor approval in their originating chamber and advance through committee in the opposite chamber are “dead” and not eligible for further consideration this legislative session with numerous exceptions: including Ways and Means, Appropriations, and leadership bills. Additionally, chamber rules allow for procedural exceptions such as placing bills on the Unfinished Business calendar, which allow for bills to remain eligible for consideration beyond the funnel.

The full 2024 Session Timetable can be found here.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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