StateCapitol


State Capitol Report 
Issue 1 |
March 4, 2018   
Legislative Alert
DRAM Reform Needs Your Help!
 
The DRAM Shop Reform Bill (SF 2169/HF 2391) that is being pushed by the Iowa Restaurant Association and is supported by TFI passed the Senate on February 21 with a bipartisan 29-20 vote, but has stalled in the House.  Iowa Trial Attorneys are urging legislators kill the bill because they don't like caps that would bring down the cost of DRAM insurance for Iowa's restaurants.
Senator Breitbach manages the floor debate on DRAM Shop Reform legislation.
Senator Breitbach manages the floor debate on DRAM Shop Reform legislation.


Please take a moment to contact your House member in support of DRAM Shop legislation!  Also, register your favorable opinion of this bill with the Governor's office.   
 
To find out who your legislators are, click HERE 
To find a list of the Representatives, click HERE   
To Register Your Opinion with the Governor's Office, click HERE
For More Information about DRAM, go to the Iowa Restaurant Association's DRAM Toolkit HERE.

The DRAM Shop Reform bill passing the Iowa Senate. 
 
Legislative Session Update

We are heading into crunch time at the Capitol, with lots of policy discussions, the budget debate continuing to simmer, and tax reform beginning to move. Monday, March 5th will mark Session Day 57 for a session originally, and technically still, scheduled for 100 days. The deappropriations bill reduced that to 90-, then 85-days, however the deappropriations bill has not yet been enacted.
 
Deappropriations
The deappropriations bill has been a major point of discussion since before session began. The goal was to make cuts to the current fiscal year (2018, ends June 30) as quickly as possible in order to allow state agencies maximum time to work in the cuts. The Governor made her proposal, the Senate made their proposal and passed it over to the House. The House took action on that Senate bill in committee, but has not yet debated the deappropriations bill on the floor. Many speculate that they are waiting for the Revenue Estimating Conference (REC) meeting...
 
REC
The Revenue Estimating Conference (REC) has scheduled their March meeting for Friday the 9th. They meet every December and every March and make revenue projections at those meetings which the Governor and Legislature use to construct their budget. They are required to use the lower of the two estimates in putting together their FY 2019 budget.
 
In addition to FY 2019, the REC will also give an update on what is happening with FY 2018 - whether revenues are coming in higher or lower than forecasted and whether expenditures are staying in line. If revenues are considerably higher - and they look like they are, due to the federal tax cuts - then the Governor and Legislature may determine they have cut enough out of FY 2018 to alleviate any concern about the books being balanced at the end of the fiscal year. After the REC meeting, we expect that legislators will start assembling the FY 2019 budget framework right away.
 
Second Funnel Coming
On the policy front, we have the second funnel deadline coming up on Friday, March 16th. By that date, any non-tax or spending bills (basically ALL policy bills) have to have been passed out of committee in BOTH chambers in order to stay alive for the year. That means right now we have a flurry of activity in both chambers to try to get bills from one chamber to the other so they have time to be considered by committee in the second chamber.
 
Tax Reform
With all that swirling around, the Governor and Legislature are also beginning to move forward now on tax reform legislation. In the last issue, we mentioned the Governor proposed her plan which has been introduced in both chambers (HSB 671/SSB 3195). The best public summary of her bill is the press announcement she released HERE.
 
The Senate released their own tax bill (SF 2383) a few days later on February 21st and held a subcommittee and full Ways & Means committee meeting on it the next day. They then moved it through the Senate this past Wednesday night after the official Fiscal Analysis on the bill was completed and released to the public (link HERE).
 
A packed room watches as the Senate Ways & Means Committee approves major income and corporate tax reform legislation.
A packed room watches as the Senate Ways & Means Committee approves major income and corporate tax reform legislation.
The biggest difference between the bills is that the Senate addresses corporate tax issues - corporate tax rate cuts, elimination of corporate federal deductibility, and a phase-out and/or reduction for tax credit programs. Both bills eliminate federal deductibility for personal income taxes and cut personal income tax rates, both bills expand the sales tax base to cover digital purchases, and several other issues are tackled by both bills. The Governor's bill is predicted to reduce revenues/provide tax cuts totaling $1.7 billion over five years. The Senate bill is predicted to reduce revenues/provide tax cuts starting at $200 million in FY 2019 and ratcheting up to $1.16 billion per year once the bill is fully phased in in FY 2023.
 
The ball is now in the House's court. This week, the House had a subcommittee meeting on the Governor's bill, HSB 671, to hear input. They will likely start to assemble their own package, based on the Governor's bill, the Senate bill and other ideas floating around among their members. We expect to see many discussions about this until after the Second Funnel when the House will probably start to move something forward.
Property Tax Backfill
to Local Governments
 
Neither of the two tax reform packages being discussed in the House contain provisions that would negatively affect the backfill. However, the backfill elimination discussion IS happening separately. Senate File 2081 (Link) was introduced early in the session and would phase the backfill out over three years (really two years - going to two-thirds, one-third and then gone in Year 3).
 
After its January introduction, SF 2081 simply sat in the Senate Appropriations Committee until suddenly on February 22nd it was assigned to a subcommittee consisting of Senators Charles Schneider (R-West Des Moines), Mark Chelgren (R-Ottumwa), and Joe Bolkcom (D-Iowa City). They scheduled and held a subcommittee this past Tuesday. All of the speakers at the subcommittee spoke against the bill, making the case that city budgets are required to be certified by March 15, so any effort to wind down the backfill should include a longer timeframe (ideally five years or more) AND NOT BEGIN this year. 
 
At the end of the testimony, Senator Schneider stated that, while he recognizes the concerns about starting a phase out immediately, he wanted to move the bill forward out of subcommittee because he wants to advance the discussion.  Senators Schneider and Chelgren voted to advance the bill to the full Senate Appropriations Committee where it is eligible for consideration at any time.
 
Advocates for the backfill need to be sure they are vocal about the issue, and ESPECIALLY about not affecting the upcoming year, because the bill currently does just that. The bill itself may or may not advance, but the concept of phasing out the backfill is likely to be considered for inclusion somewhere else in the legislative process, perhaps in a FY 2019 budget bill.
 
The Iowa League of Cities has a one-page explanation to help you with reaching out to legislators in support of the backfill. You can download it HERE. Additionally, you can find a table showing how all the backfill dollars are distributed by going HERE.

Bills Being Tracked for TFI

This is a list of the bills being tracked for TFI.  The online bill list is updated constantly, just go to http://www.ialobby.com/billtracker/tfi/  
 
HF2038 
Nonreversion/Reallocation of State Funds
Summary | Details 
House Appropriations Committee 
 
Allows state agencies to keep up to 10% of the funds appropriated that are unencumbered or unobligated at the close of the fiscal year (funds won't revert).
HF2046 
Sales Tax Collection
Summary | Details 
House Ways & Means Committee 
 
Amends definition of "retailer maintaining a place of business in this state" for the collection of sales tax from out-of-state retailers.
HF2131 
Hotel/Motel Tax Exemption
Summary | Details 
House Floor
 
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.
HF2341 
Safe Operation of Bicycles
Summary | Details 
House Floor
 
Makes several provisions for the safe operation of bicycles.
HF2407 
Pesticide Application in Lakes
Summary | Details 
Senate Agriculture Committee 
 
Prohibits pesticide application in lakes under certain circumstances.
HF2417 
Fair Concessions Payment
Summary | Details 
Sent to Governor
 
Allows a participant in an amusement concession at a fair to pay by credit card.
HF2440 
Water Quality Programs
Summary | Details 
Senate Natural Resources & Environment Committee 
 
Makes changes to existing water quality programs.
HF2448 
Sports Betting
Summary | Details 
House Floor
 
Authorizes gambling licensees to conduct sports betting.
HF597 
The WISE Solution for Water Quality
Summary | Details 
House Ways & Means Committee 
 
A permanent $180-200 million/year 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.
HF619 
State Park Fees and Privileges
Summary | Details 
House Floor
 
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.
SF2069 
Forest Reservation Property Tax Exemption
Summary | Details 
Senate Ways & Means Committee 
 
Lowers the property tax exemption for forest reservations.
SF2074 
Raceway Facility Construction Sales Tax Rebate
Summary | Details 
Senate Ways & Means Committee 
 
Makes changes to sales tax rebates for construction at certain raceway facilities.
SF2080 
State General Fund Expenditure Limitation
Summary | Details 
Senate Appropriations Committee 
 
Revises calculations for the general fund expenditure limitation, increases reserve fund balances, creates a safety net fund, creates an Iowa personal income tax rate reduction fund, and provides for related state personal income tax rate reductions.
SF2081 
Commercial and Industrial Property Tax Replacement Claims
Summary | Details 
Senate Appropriations Committee 
 
Eliminates the appropriation for commercial and industrial property tax replacement claims.
SF2117 
FY18 Deappropriation
Summary | Details 
House Floor
 
Cuts the current fiscal year (FY18) budget by $50.1 million, about $20 million more than the Governors' recommendation.  Cuts regional tourism marketing, skilled worker and job creation fund, hawk-i, autism support program fund, Regents universities, community colleges, vocational rehabilitation, autism support program, human services,
 
SF2161 
Agriculture and Natural Resources Programs
Summary | Details 
Senate Ways & Means Committee 
 
Amends several agriculture and natural resources programs.
SF2169 
DRAM Shop Revision
Summary | Details 
House Commerce Committee 
 
Limits the liability of an alcoholic beverage licensee or permittee for certain alcohol-related injuries.
SF2292 
Vessel Registration and Title
Summary | Details 
Senate Floor
 
Modifies provisions relating to the registration and titling of vessels.
SF2310 
Alcoholic Beverage Control
Summary | Details 
House Commerce Committee 
 
Makes changes related to alcoholic beverage control and matters under the purview of the alcoholic beverages division of the department of commerce.
SF2319 
Administrative Code Rules
Summary | Details 
Senate Floor
 
Limits the number of rules that can be included in the Iowa Administrative Code.
SF2333 
Amusement Concessions
Summary | Details 
House State Government Committee 
 
Increases the maximum allowable retail value for any prize awarded for an amusement concession.
SF2338 
Religious Freedom Act
Summary | Details 
Senate Floor
 
Changes the burden of proof for business owners that claim a religious freedom exemption to make it harder for the state and local governments to enforce equal protection.  
SF2342 
State Agency Restrictions
Summary | Details 
Senate Floor
 
Prohibits a state agency from implementing or enforcing any standard, requirement, or threshold unless explicitly required or permitted by a state statute or a federal statute or regulation.
SF2383 
Senate Tax Reform Package
Summary | Details 
House Ways & Means Committee 
 
The Senate's tax reform package.
SF512 
Water Quality/Wastewater Treatment
Summary | Details 
Signed
 
Modifies existing wastewater treatment program, establishes new water quality programs, and creates a water service excise tax and sales tax exemption.
SSB3076 
State Park Fees
Summary | Details 
Senate Ways & Means Committee 
 
Allows DNR to establish fees for camping and rental facilities at state parks and recreation areas.
SSB3195 
Tax Reform
Summary | Details 
Senate Ways & Means Committee 
 
Makes changes to income taxes, the sales and use taxes and local option sales tax, the hotel and motel excise tax, the automobile rental excise tax, the Iowa educational savings plan trust, and the Iowa ABLE savings plan trust.
    
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