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March 5, 2021
2021 Legislative News
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Legislators rushed to hold subcommittee hearings and committee meetings this week to get ahead of the first major "funnel" deadline of the 2021 legislative session. The funnel is the way that legislators narrow the list of bills eligible for debate in order to maintain some organizational flow. Bills that did not make it out of committee before today (Friday, March 5) are technically "dead" for the rest of the year.
In the first eight weeks of the legislative session, legislators introduced 1,925 bills. About half of these bills didn't make it out of committee in time to beat the deadline, leaving behind what is sure to be many disappointed supporters (or elated opponents). In reality, as the saying goes, where there is a will, there is a way. Crafty legislators can always find a way to bring back bills that didn't make the deadline, often adding them to another bill as an amendment.
It is important to note that bills that deal with budgets (Appropriations), taxes (Ways & Means), and serious governmental issues (Government Oversight) are exempt from the legislative deadlines, because they tend to come up later in the legislative session once lawmakers know how much money they can spend (or in the case of taxes, live without). Here are a few of the higher profile issues that made this first cut:
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The controversial "Back the Blue" bill that supports law enforcement by enhancing penalties for rioting, allows police officers to sue people who file false reports against them, and protects police officers that accidentally hit protesters with their car. (SF534, SF476)
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Vaccine changes that include allowing dentists and podiatrists to give COVID-19 vaccines to adults, but do not allow businesses to require their employees get COVID-19 vaccines and vaccinators to update the state's immunization registry.
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The Governor's "Broadband Bill" to expand access to fast reliable Internet access to all areas of Iowa. (SF390)
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"Permit-less Carry" gun bills that would allow people to own and carry guns without a permit, making it tough for law enforcement to make sure the guns stay out of the hands of people not allowed to have them. Another bill shields gun makers from lawsuits that arise from someone's use of the guns they make and yet another makes it impossible for landlords to regulate firearms on their properties. (HF756, HSB116, SF514)
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Major election changes that will shorten time for early voting, require mail-in ballots to be received by Election night (postmarks no longer matter), limit who can hand deliver your ballots, and set limits on what county auditors can and cannot do. This bill SF413 is already on its way to the Governor.
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Overhaul of the state's 42-year-old Bottle Bill in an effort to get bottle and can redemptions out of grocery stores and another attempt to get rid of all traffic cameras.
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Cities and counties would not longer be able to pass local laws that tell landlords they cannot discriminate against renters who pay their rent with housing vouchers issued by the government under a bill that survived the funnel (in other words, landlords can decide not to rent to someone if they pay their rent with a voucher). (SF252)
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Constitutional amendments on guns (stating they are a right), abortion (stating its not a right), voting age (updating it to 18, instead of 21), and gubernatorial succession. (SJR7, HJR5, HJR7, SJR15).
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Placing "strict scrutiny" standard in Iowa law to apply to all fundamental parental rights (a move that may interfere with grandparents' rights as well as child removals, but the jury is still out on actual impact as this appears to be a codification of case law). (HF714)
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An end to day light savings time - Iowa would not "fall back" every Fall, and "spring forward" every Spring if this bill passes.
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Major changes to child care to increase access to child care tax credits, encourage employers to pay for or build child care facilities for their employees, and help families gradually come off of child care assistance (rather than suddenly losing it all).(HF141, HF230, HF292, HF302, HF370, HF230, HF712)
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Unfortunately other forms of assistance will be subject to a higher level of scrutiny, with additional and more frequent asset tests and income verification in order to continue receiving food assistance (SNAP), Medicaid, and family support (FIP). (SF389)
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School vouchers that allow kids to attend private schools paid with taxpayer funded scholarships, and a new hybrid charter school program that isn't quite public (not a part of a local school district) but not quite private (it's under Iowa Board of Education). (SF159)
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Efforts to reform the criminal justice system by diverting to alternatives to incarceration and restructure probation and payment plans survived the funnel, as did legislation lowers penalties for first-time possession of a small amount of marijuana (less than 5 grams, changing the penalty from serious to simple misdemeanor). (HF678, SF471)
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Bans the use of "gay panic" as a defense in attacking or murdering an LGBTQ+ individual. (HF310)
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Medical professionals would be required to give women seeking a medication abortion information that is clinically wrong and scientifically invalid, placing them into a ethical dilemma of lying to patients and risking licensure, or having charges filed against them by the state. (HF383)
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In what may be the most surprising of issues, apparently there are still hospitals in this state that require a husband to sign off on a wife's hysterectomy. That will no longer be allowed under HF 684. Also not allowed would be fraud related to assisted reproduction, including lying about the background of donations (HF684, SF529).
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Preparing for some new Presidential Executive Orders, legislators quickly passed a bill out of committee to allow the Legislative Council to review the constitutionality of executive orders and forward them to the Attorney General to take action. (HF481)
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No more Senate confirmations for most of the Governor's board and commission appointments if SF423 passes.
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A bill that stops all taxpayer funds from supporting technology companies like Google and Facebook, which lawmakers say censor free speech. Public schools in Iowa would be required to provide annual first amendment rights training to all staff and students. and there is a laundry list of things university faculty can and cannot do in regard to expressing personal opinion. However, free speech apparently does not extend to the discussion of racism or sexism in public classrooms; another bill will outlaw the teaching of "divisive topics." (SF471, HF744, HSB258)
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Both the House and Senate ended debate on the most egregious of attacks on vaccines, but each advanced a bill that will likely get lots of amendments if and when they are debated on the floor. HF 547 codifies current federal directives requiring those giving vaccines to provide the patient with information, including information about reporting adverse reactions, and requires all providers report vaccinates to the statewide immunization registry. In contrast, SF 555 prohibits employers from requiring their employees to get a COVID-19 vaccine, and prohibits Iowa driver's licenses from showing immunization status or test results (even though the bill's supporters admit no one has talked about doing this).
There were many bills that didn't make the cut, including controversial bills that limited access to information at libraries, stopped schools from allowing students to use the bathroom that aligns with their gender identity and the entire laundry list of anti-LGBTQ+ bills, ended tenure at Iowa colleges, expanded medical marijuana use and legalized "magic mushrooms," reinstated the death penalty, added vaping to the state's Smokefree Air Act, and limited the number of times a US Senator and US Representative could run for office (timing seems interesting given a recent announcement by Iowa's senior Senator).
Legislators now have until April 2 to vote on the surviving bills, and get them out of committee in the opposite chamber. This "second funnel" requires a House bill to be voted out of the House, and then out of a Senate committee before April 2. This next two weeks will be filled with long days of debate, with committee meetings picking up in the final two weeks before the deadline. In the middle of this flurry of work is the March 19 "Revenue Estimating Conference," when a group of three economists review how much money the state has taken in since the start of the fiscal year on July 1, 2020, and predict how much money the state has to spend in its budget for the next fiscal year (which begins July 1, 2021). Things are about to get interesting, so stay tuned and remember you can watch or listen to live or taped debates at www.legis.iowa.gov.
NOTE ABOUT BILL TRACKER: You can read more about these bills in the IPA Bill Tracker. The default setting is on "active bills," which are those that made it through the funnel. You can see the bills that died and are no longer active by switching the list to "Inactive." Remember it is updated daily, but we are now fully caught up from the whirlwind of funnel week.
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IPA Issue Highlights
Many of IPA's top priorities this year involve budget-related items, which will not get much play until the REC meets on March 19 to determine how much money is available to spend. However, IPA has been involved in several policy topics this year, from defending licensure and supporting workforce initiatives to recoupments and telehealth.
Telehealth: The House continues to be the main driver of telehealth payment parity, with three bills surviving the funnel deadline. There are two bills to address payment parity for virtual visits: HF 294 for mental health only and HF 784 for all forms of health care. HF 784 is based off a compromise the House passed in 2020 (but died in Senate); it unfortunately includes a requirement for a provider to be located at an approved site. There will be an amendment to remove this and deal with other inconsistencies between these two bills. The bill (HF 431) that requires all state health licensing boards to include audio-only delivery of service as an accepted modality in their standards of care has a Senate subcommittee now (Sen. Mark Costello of Imogene is chair, along with Sen. Annette Sweeney of Alden and Sen. Liz Mathis of Cedar Rapids). The problem continues to be in the Senate and is likely to be a part of the end of session negotiations. Audio-only payment parity is an absolute non-starter in the Senate, so that's why you are seeing a more measured approach.
Medicaid Recoupments: The House Human Resources Committee unanimously approved HF 736 which limits Medicaid recoupments to a three-year window (two years to identify the overpayment and one year to collect as prescribed by Federal requirements). The bill also allows providers to refile their claim with Medicaid. DHS claims data only goes back two years and eleven months, so lawmakers felt aligning with that was fair to all. You can bet DHS will not be supporting this. This does not apply to private recoupments, but it's a start.
School Sport Concussions/Provider Expansion: Despite input from psychologists with expertise in the area, a Senate committee did not change a bill (HF 736) that added OTs to the list of providers who can determine if a student is able to continue to return to play after getting a concussion or brain injury. IPA had asked to add psychologists; we will ask for an amendment on the floor, but the bill has already made it through the House (unanimously) and is one vote away from the Governor's desk.
We have a spreadsheet here to make it easier for you to quickly check for bills that may impact or interest you.
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Your Bill Tracker
Click above to see status of important bills, or create your own report with our custom download.
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Town Halls & Public Forums
Find a local event with your state or federal elected officials here. Three weeks are shown at a time on this website.
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Your Legislative Team:
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