Another key priority of the Governor’s, Medical Malpractice Tort Reform (HF 161), passed both chambers this past Wednesday. The bill would limit the amount of non-economic damages for medical malpractice claims to $2 million for causes of action involving a hospital and $1 million for all other causes of action.
Last year, the House was unable to muster the 51 votes required to pass similar legislation. This year’s bill passed the chamber, 54-46, with 11 Republicans voting against the bill and one Democrat voting in favor. The Senate vote was 29-20, with 5 Republicans voting with all Democrats against the bill. The Governor is expected to sign the bill into law this week, most likely on Thursday at a bill signing event.
Another aspect of Tort Reform the Legislature has sought to see implemented this year is to provide liability protection for trucking companies, another initiative that failed to garner 51 votes in the Iowa House last year. This year’s bill, HF201/SF228, would place a $1 million cap on noneconomic damages against a trucking company in civil cases involving personal injury or death. Both bills have passed committee in their respective chamber and can be debated at any time.
Government Reorganization is a key piece of Governor Reynold’s legislative agenda for this session. According to her office, this initiative is a culmination of input and research that has been done looking at other states and trying to find efficiencies that would better fit Iowa. The result is a 1569-page bill, SSB 1123 (Link), that aims to accomplish that goal. The House has a similar bill, HSB 126 (Link), that is one page shorter because it does not include the Senate’s Division on Confirmation of Appointments.
The two bills hit on all parts of state government and are being handled in each chamber with multiple subcommittees focused on different sections of the bill. Amy Campbell reviewed the Senate bill and prepared a summary that you can review HERE. Additionally, the Governor’s Office has two handouts about the reorganization effort that you can view HERE and HERE.
With respect to libraries, in Amy's summary (linked HERE again), on the top of page 3, you will see that the reorganization bill proposes moving the State Library, the State Librarian and his team, and the Commission all over the Department of Administrative Services (from the Department of Education).
We became aware of this a while ago and have been working with the State Library as they prepare for this transition. The only part that gives us some concern is that the State Librarian position will be hired and fired by the Director of the Dept of Administrative Services rather than the Commission on Libraries. However, similar changes are being proposed in the Reorganization bill to a number of positions, so it's difficult to argue that this one position should remain as it is.
Don’t take away our Zoom!
Don’t worry, your Zoom access to watching Senate subcommittees isn’t going anywhere. Yet. However, the Senate has been having problems with individuals hacking into the system and displaying pornographic videos while they are trying to gather input from interested parties during subcommittee meetings on bills. This past week, a State employee had to stand in front of a screen momentarily while they tried to cut the feed.
The Senate is working with law enforcement to try to track down those responsible. Since the Senate pages that run the system are all minors, the perpetrator will likely face a harsh punishment should they be caught. If the interruptions can’t be stopped, the Senate and the House are likely going to be forced to re-evaluate the risks of putting these meetings online for the public.
Tax Reform Out For Discussion Early
Typically, the Legislature holds off on discussing tax reform until the latter part of the session, after the funnel deadlines have wrapped up much of the policy discussion for the year. This year, the Legislature will likely have the rollback recalculation bill (SF 181 - discussed above) signed into law by the end of this week, and they are introducing some major tax reform bills that are garnering a lot of attention. Previously, we have discussed the House’s first tax bill, HF1, and below we break down two the Senate’s big tax bills that are beginning to be discussed.
SSB 1124 (Link) is a property tax limitation bill that would make a number of changes to the property tax system in Iowa including the following:
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Create a new Combined General Fund Levy (CGFL) that would replace a number of other city and county property tax levies. The process for determining the CGFL would be connected to assessment growth, and a growth limitation would be applied in subsequent years. The Iowa League of Cities has created a webpage to help cities try to determine their specific calculations; you can view that page HERE.
- Would automatically reduce the new levy rates if taxable values exceed 102.5% of the previous year, but would allow rates to be increased by the city or county up to 103.25% of the previous year’s amount.
- Reduces population-based thresholds for bonding by 30 percent and makes other bonding changes.
- Adds new reporting requirements for Annual Financial Reports, including a list of bonds, notes, and obligations issued as well as project or purpose of the issuance and whether approved by election of subject to petition for election.
There is a subcommittee meeting for SSB 1124 scheduled for this Tuesday at 3:45pm in G15 of the Capitol basement. You are welcome to log into Zoom and join by going HERE.
SSB 1125 (Link) is a far-reaching tax bill that makes changes to the state sales tax, the local option sales tax (LOST), tax increment financing, and a number of other credits and exemptions. The bill includes the following provisions:
- Increases the state sales tax from 6% to 7%, and simultaneously eliminates the LOST. The goal is to keep most taxpayers at the same rate; the only people seeing a tax increase would be those living in one of the few areas of the State that don’t have the LOST. The bill intends to distribute these new funds back to local cities and counties in the same amount and to be used in the same manner as that local government indicated when it was approved by their local taxpayers.
- Triggers state funds in the amount of 3/8 of one cent to start flowing into the Natural Resources and Outdoor Recreation Trust Fund. The bill also adds two new provisions to the allocation formula for the Trust Fund – an allocation for construction, maintenance, and expansion of roads under the jurisdiction of the Dept. of Natural Resources (DNR), and an allocation to go toward the salaries and employee benefits paid to conservation officers, park rangers or park managers within the DNR.
- Deposits revenues from the water service tax into the general fund. Right now, half of those funds go toward water quality, but would be more than replaced by the funds flowing into the Natural Resources and Outdoor Recreation Trust Fund for these purposes.
- Phases out the homestead property tax credit and replaces it with a homestead property tax exemption that would be phased in and then set at $10,000 beginning in 2027. The cost would cease to be covered by the State. A similar transition would take place for the Veterans Property Tax Credit.
- Prevents the inclusion of the $5.40 school foundation levy in TIF projects for wind turbines.
- Rollback - Reduces the amount of taxable value on pipeline property from 100% to 90%, and also phases in a reduction on the amount of taxable value for commercial, industrial and railway property from 90% down to 80%.
- Prohibits use of the Charitable Conservation Contribution Tax Credit for property conveyed on or after January 1, 2025.
- Increases the elderly property tax credit to 300% of the federal poverty level.
- Increases the military service property tax exemption to $4,000 by 2025.
- Prohibits residential property from receiving urban revitalization tax exemptions after July 1, 2024, and prohibits commercial property from doing so unless the owner and the local government enter into a written agreement specifying the minimum value until the termination date under the agreement.
- Allows the City of Des Moines to increase their franchise fee up to 7.5% (from 5%) if those revenues are used to reduce the City’s public transit property tax levy.
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