Floor debate took up the majority of the time in the Capitol this week, with the House debating extensive calendars every day this week, a total of 29 bills, and the Senate debating 12 bills total on Monday and Tuesday. Three bills were sent down to the Governor. Notably, the Senate did not bring up the Area Education Agencies bill this week.
As leadership develops and strategizes a path to sine die, discussions continue behind the scenes about several of the Governor’s priorities such as Area Education Agencies, extending postpartum Medicaid coverage to 12 months, and tax policy. The timing of that conclusion remains anyone’s best guess—the 100th day of session is just under six weeks out. Not only does what happens under the dome impact the date of sine die, but it is also dependent on primary filings (see below) and the weather.
Speaking of timing, Next Friday marks three major milestones for this legislative session:
The Second Funnel Deadline
All policy bills must receive floor approval in their originating chamber and advance through committee in the opposite chamber, or they are “dead” and not eligible for further consideration. There are numerous exceptions: Ways and Means, Appropriations, and Leadership bills are not subject to the funnel. 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.
Revenue Estimating Conference Meeting
The REC meets in October, December, and March to determine revenue and guide the Governor and General Assembly in developing the state budget for the next fiscal year. The March meeting is particularly important because if the March revenue estimate is larger than the December estimate, the Governor and General Assembly will continue to use the December estimate for their budget planning. If the March estimate is lower than December, the Governor has 14 days from the time of the March meeting to submit revised budget recommendations based on the lower revenue estimate.
Primary Filing Deadline
State and federal candidates for office must file their paperwork with the Iowa Secretary of State by Friday, March 15, at 5 pm. This is important because as legislative leaders and individual candidates begin strategizing about the upcoming election, it will become clear which incumbents have primaries and what open-seat contests will look like. The 2024 Primary Election is Tuesday, June 4.
Also, next week—it is important to note that the unofficial start to spring begins with spring break in Iowa and of course, Sunday brings St. Patrick’s Day when everyone is Irish.
Bills Signed into Law/Enrolled Bills
Legislative Activity
Appropriations
School Security
The House Appropriations Committee advanced a bill (HF 2652) that would give school districts up to $25,000 to help train staff members, arm staff, and implement software to detect guns on school property. The bill was changed significantly by an amendment in committee, allowing the $3 million grant program to be put towards training and employee stipends in addition to the emergency radios outlined in the original bill.
Judiciary
Illegal Immigration
A bill giving Iowa law enforcement authority to arrest and deport undocumented immigrants passed the Senate on Tuesday. SF 2340 makes entry into the state an aggravated misdemeanor and certain convictions are felony charges for unlawful migrants. Under the bill, state courts would be able to order deportation and state agencies would be able to transport undocumented immigrants to a port of entry. During the debate, many questions about the logistics of deportation from a Midwestern state were raised, including concern about how the Des Moines International Airport might have to be involved. The bill passed the Senate 34-16.
Fentanyl Charges
HF 2576 creates a first-degree murder charge for supplying fentanyl which results in a person’s death, regardless of whether the supplier of the drug knew the contents. Floor manager Representative Meyer called the bill an extreme punishment for an extreme problem. Nationwide deaths from fentanyl overdose are steadily increasing, and last year Iowa passed stronger fentanyl sentences to try to address this issue. The bill received bipartisan support, passing the House 86-12 on Monday and passing a Senate committee on Thursday.
Voting Rules
The House approved a bill (HF 2610) that requires mail-in ballots to be returned the day before Election Day and bans ballot drop boxes. Currently, absentee ballots are counted if the ballot is received by the county auditor by the time polls close on Election Day. County auditors would also be able to begin mailing absentee ballots two days earlier. The bill also allows candidates with felony convictions to run for federal office. Opponents of the bill argue it would be more difficult and confusing for Iowans to cast a ballot, but supporters are concerned about the security of drop boxes.
Local Government
Stormwater
A very rare event occurred during a House debate on Wednesday: a bill failed on the floor. A bill on stormwater runoff regulations was brought up on the House floor but failed on a 44-49 vote, even though the Republican majority holds 64 seats. SF 455 prohibits local regulations from being more restrictive than those set by the Department of Natural Resources. If a city or county imposes more restrictive measures, they must pay the difference in implementation costs compared to federal or state standards. During the debate, multiple legislators objected on the basis that it would limit local control.
House Majority Leader Windschitl filed a motion to reconsider the vote, which allows the bill to be considered in the future. The House did not consider the bill Thursday but may do so next week. If it is not brought up next week it must be placed on Unfinished Business to remain eligible for debate for the rest of session.
Ways and Means
Income Tax
A bill for a constitutional amendment to make tax increases more difficult passed the Senate Ways and Means Committee on Wednesday. If the legislature attempted to raise taxes in the future, SJR 2003 would establish a supermajority requirement of two-thirds instead of a simple majority of over 50%. The bill would also require Iowa to keep its single-rate individual income tax, prohibiting graduated tax rates based on income. Constitutional amendments require a different legislative process than most other bills:
- The bill must pass two consecutive General Assemblies. The current 2023-24 General Assembly counts as one, and the 2025-26 General Assembly would be the second.
- If passed twice, the proposed constitutional change would appear on the ballot in 2025 or 2026 in a general election for voters to decide.
- If approved by voters, the Iowa Constitution would be amended.
Super Tuesday
The first-ever mail-in Democratic presidential caucuses concluded on Tuesday in Iowa. Ballots will continue to be counted through Friday, March 8.
Here’s how Iowa Democrats voted:
- President Joe Biden won the Iowa caucus with 91% of the vote
- An “Uncommitted” option came in a distant second with 4% of the vote
- U.S. Representative Dean Phillips with 3% of the vote
- Marianne Williamson with 2% of the vote
Nationwide, President Joe Biden has secured 1,561 delegates toward the Democratic threshold of 1,969 total. Former President Donald Trump has secured 1,038 toward the threshold of 1,215 for the Republican nomination. Nikki Haley won Vermont but chose to drop out of the race after Super Tuesday without endorsing the presumptive nominee.
What’s next?
Week 10 brings the milestone of the second legislative funnel, described above. Floor work and committee work will intensify as the pressures of the funnel limit what can advance. We are only six weeks out from the scheduled 100th day of session with the bulk of tax reform and budgeting still in front of us. The full 2024 Session Timetable can be found here.
The big question for the Dentons Governments Relation Bulldogs—will the legislature adjourn sine die in time for Drake Relays?
