Iowa 2022 Legislative Session – Week 13

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Week 13 closes and uncertainty increases about the end of the 2022 legislative session. Initially, leadership forecasted an early adjournment. Hopes of adjournment by Easter continues to fade. Optimistic but realistic, adjournment by the scheduled 100th day is possible but would be a stretch.

There are 11 days between now and April 19 (the scheduled 100th day of session), approximately six legislative workdays (caveat the legislature can schedule legislative activity on any day including Fridays and weekends–though it is extremely doubtful legislators will work into the Easter holiday weekend). In addition to finalizing an $8 billion budget for the state for fiscal year 2023, there are many outstanding policy issues, and resolution on some of these has become more elusive.

Despite the overall uncertainty, signs of the end of session do continue to materialize. In addition to the status of appropriations and the soil temperature rising, another sign of the end of session is retirement remarks by retiring members which began in earnest this week in both chambers.

Outstanding Policy Issues

What issues remain? What is the status?

Education Choice

Education choice is a core priority on the state and national Republican platform and one that Governor and key Senate Republicans believe in strongly.

The Senate has passed the Governor’s Education bill (SF2369) with amendment, sending it to the House.  Highlights of the bill include:

  • Creating Student First Scholarships which would allow a portion of Iowa’s per-pupil educational funds to follow eligible students to private schools or other educational programs;
  • Requiring all public schools to publish course syllabi, materials, and available library books online;
  • Requiring all high school students to pass the Civics portion of the U.S. Naturalization Service Test to graduate from high school;
  • Eliminating the need for AEA approval to place students receiving special education services in competent private instruction; and
  • Eliminating the requirement for PK-12 school librarians to have a master’s degree.

Student First Scholarships would require an estimated State General Fund annual appropriation of $55.2 million beginning with fiscal year 2023. (This estimate assumes 10,000 scholarships are awarded.)

The House has taken a different approach; the House version of the Governor’s Education bill (HSB672) did not pass out of the House Education Committee. Instead, the House bifurcated the bill and created two proposals: HF2498 Open Enrollment and HF2577 Transparency and School Boards. 

HF2498 contemplates many provisions of the Governor’s bill (special education services, open enrollment, requirements of school librarians) but does not include provisions related to the Student First Scholarship.

HF2577 is the House Education bill that passed the House (60-36) establishes transparency requirements for School Districts and Charter Schools, it also incorporates the Governor’s civics provision, but it does not include provisions related to the Student First Scholarship. 

Education Choice HSB672 Referred to Appropriations; Subcommittee recommends passage  

HF2498 (Open enrollment) Placed on House unfinished business calendar  

HF2577 (Transparency and School Boards) Passed House 60-36 (3/29/2022); Messaged to Senate  

SF2369
Passed Senate 31-18 (3/30/2022); Messaged to House; Read for the first time, referred to Appropriations 

Workforce

The Governor proposed two different workforce proposals. One related to Unemployment Changes/Tort Reform that failed in the House (HF2279) and remains on the Senate unfinished business calendar (SF2275). The other workforce proposal is the Governor’s Workforce Omnibus bill which makes a number of changes, including:

  • Changes to county and city inspections re: manufactured homes
  • Improvements to work-based learning programs
  • Expansion of Health Care Workforce Recruitment
  • Professional licensing of military spouses
  • Creation of an armed forces fishing and hunting licenses
  • Status of licenses driver’s licenses/fees for driver’s licenses for veterans
  • Waiver of parking fees for veterans
  • Temporary licenses for insurance producers without examination
Gov’s Workforce Bill  SF2383 Passed Senate 48-0 (4/4/2022); Messaged to Senate; Read for the first time and passed on file HF2527 Passed Ways and Means Committee (3/22/2022); Placed on Ways and Means Calendar  

Renewable Fuels

Creating a renewable fuels program remains a priority for Governor Reynolds.  Last year, chambers were unable to reconcile their differences; the beginning of this year seemed promising for a compromise. The Governor’s E-15 Program (HF2128) quickly passed the House in week 5. It has since stalled out in the Senate. The bill would require gasoline retailers to start selling higher blends of ethanol or to seek a waiver from the requirements.

At the outset, HF2128 had the potential to be the first bill sent down to the Governor for her signature; now its fate remains in the hands of the Senate.

Renewable Fuels Passed House HF2128 Passed House 82-10 (2/2/2022); Messaged to Senate; Referred to Agriculture, committee report recommending passage; Referred to Ways and Means, subcommittee assigned. SSB3084 Failed funnel

Bottle Bill Changes

For more than four decades, Iowans have paid a $0.05 bottle deposit when buying a drink in a can or bottle; the nickel is then returned if the item is returned to be recycled. The original goal of Iowa’s Bottle Bill (also known as Iowa’s Beverage Containers Control Law) was to keep litter off the sides of the roads and encourage recycling. 

The Bottle Bill remains one of the most controversial and unresolved bills at the Capitol to date. This year, the bill is closer than ever to passing after decades of attempts to change it. 

The House and the Senate have created their own versions of the Bottle Bill. Each has a different approach to handling fees, redemption centers, and requirements for retailers. Major compromise would need to be made for this ‘bottlenecked’ bill to reach the Governor’s desk this legislative session.

Bottle Bill Passed Senate  HF2571 Passed Ways and Means Committee (3/23/2022); Placed on Ways and Means Calendar; Amendments filed   SF2378 Passed Senate 31-18 (3/29/2022); Messaged to House; Read for the first time and passed on file; Amendments filed  

Other issues that continue to linger:

  • Tort Reform/Medical Malpractice
  • Medical Freedom/COVID-19 Vaccines
  • Pharmacy Benefit Manager Issues

Appropriations Status

On Tuesday, the House sent the last of the appropriations bills (aside from the Standings Appropriation) to the Senate; the House approved HF2579 (Rebuild Iowa Infrastructure (RIIF) Appropriations) unanimously (95-0) and HF2578 (HHS Appropriations) 60-35. The Senate now has all of the budget bills. The next step will be to amend each of the budget bills and send them back to the House or accept the bills and send them down to the Governor for her signature. See table below.

Subcommittee House Senate Status
Administration & Regulation HF2565   3/21/22 Introduced;
3/24 Passed House & Amended 60-30;
3/29 In Senate Committee
Agriculture & Natural Resources HF2560   3/15/22 Introduced;
3/23 Passed House & Amended 61-35;
3/24 In Senate Committee;
3/29 In Senate Subcommittee
Economic Development HF2564   3/21/22 Introduced;
3/24 Passed House & Amended 73-18;
3/28 In Senate Committee;
3/29 In Senate Subcommittee
Education HF2575   3/24/22 Introduced;
Passed House committee;
In House;
3/29 Amended & Passed House 58-36;
3/30 In Senate Appropriations;
3/31 In Senate Subcommittee
Health & Human Services HF2578   3/24Passed House Committee;
3/29 In House;
4/05 Amended & passed House 60-35;
Judicial Branch HF2558   3/15/22 Introduced;
3/22 Passed House & Amended 90-4;
3/24 In Senate Subcommittee
Justice System HF2559   3/15/22 Introduced;
3/22 Passed House & Amended 58-36;
3/24 In Senate Subcommittee
Rebuild Iowa Infrastructure Fund (RIIF) HF2579   3/29 Introduced; Passed House Appropriations Committee; In House;
4/05 Amended & Passed House 95-0;
Transportation, Infrastructure & Capitals HF2557   3/15/22 Introduced;
3/22 Passed & Amended House 92-2;
3/24 In Senate Subcommittee

Soil Temperature Update

Soil temperatures are climbing according to the Iowa State University Iowa Environmental Moisture Network. Last week, soil temperatures were in the low 30s to the north and the low 40s to the south.  This week those temperatures are in the mid-high 30s to the north and reaching into the 40s to the south. As the soil temperature rises so does the interest from Iowa’s farmer legislators (of which there are many) to get out of session and out into the field to start planting. Again, according to Iowa State University, it is recommended to begin planting corn and soybeans when the soil temperature is at 50 degrees Fahrenheit.

By the Numbers

So far this session, there have been just over 1,000 bills introduced. Only 7% of those bills have made their way to the Governor’s desk.

Bills & Resolutions Introduced by House 618
Bills & Resolutions Introduced by Senate 397
Total Bills & Resolutions Introduced 1,015
Bills to Governor 78
Bills Signed by Governor 11

After a bill has passed both chambers and is officially enrolled (signed by the President of the Senate and Speaker of the House) the bill is sent to the Governor for final action. The Governor must take final action on all bills passed by the General Assembly, either signing, vetoing, or taking no action. During the legislative session, the Governor has three calendar days to act on a bill once it is officially enrolled and messaged to her office (Note: bills are automatically enrolled after final chamber action, there may be intentional/unintentional delays in official enrollment after final passage of a bill).

Below, find the complete list of the bills awaiting enrollment/message to the Governor and those bills that have been signed by the Governor this session.

What’s next?

Both the Appropriations process and the soil temperature seem to be heading in the right direction, it is up to leadership and negotiators in the House, the Senate, and the Governor’s office to work out their policy differences and we will be on our way to adjournment sine die.

Bills Signed by Governor Reynolds

Bills Awaiting Enrollment

 

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.

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