Iowa House of Representatives
Dawn Pettengill
Address: State Capitol, Des Moines, Iowa
50319
Phone:
(515) 281-7487
Week 11: March 20th—March 24th, 2017
Email: [email protected]
State Budget Outlook
The State Revenue Estimating Conference (REC) met last week and lowered expected FY 17 revenues. That comes after the REC had already
lowered expected FY 17 revenues in December by $117 million.
Inaccurate revenue projections are not limited to Iowa. At least 30 states nationwide have had to make budget reductions in the middle of
their fiscal year.
Gov. Branstad has proposed using money in the state’s Cash Reserve Fund to make up for this second reduction in FY 17 state revenues. If
that happens, $131 million will need to be borrowed and paid back.
The House Republican plan to deal FY 17 and FY 18 with this is threefold:

First, taxpayers and the Legislature need more accurate revenue estimates from the Revenue Estimating Conference.
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Second, a very hard look needs to be taken at the “what” and “where” taxpayer money is used to make sure Iowans are getting the
best value and their priorities are being met.

Third, every tax credit is on the table.
With only a few months left in the fiscal year, additional budget reduction opportunities are limited. This likely means that the Legislature
will have to dip into the Cash Reserve Fund. House Republicans will not adjourn session without a plan to repay the Cash Reserve.
Spending for FY 18 will be lower than FY 17. That means real reductions, not lower than expected increases.
Thankfully, House Republicans rejected over $1 billion in additional spending plans offered by Democrats over the last two years. Without
that strong stand, key areas like local school budgets would be facing deep cuts. Iowans can count on House Republicans to stand strong
against reckless government spending ideas.
Interestingly, House Democrats have suggested spending more is the best way to deal with this problem.
IDALS Secretary Northey Highlights Opportunities for Iowans to Help Farmers
Impacted by Wildfires
On Monday, March 20, 2017, the Iowa Department of Agriculture and Land Stewardship (IDALS) issued a press release which announced
that Iowa Secretary of Agriculture Bill Northey was touting opportunities for Iowans to support farmers and ranchers who have been
impacted by wildfires in Colorado, Oklahoma, Kansas and Texas. The release noted that tragically, seven people have died and officials have
estimated that thousands of cattle have been killed by the fires. More than 2,300 square miles, much of it agricultural land used for cow/calf
production, has burned.
Last Friday, Iowa Governor Terry Branstad signed a proclamation to allow the transportation of oversize and overweight loads of forage
through Iowa. The proclamation is intended to aid cattle producers in Colorado, Kansas, Oklahoma, and Texas, where wildfires have caused
a shortage of forage. The proclamation will remain in effect until May 16, 2017. Also, the Iowa Cattlemen’s Foundation, Iowa Cattlemen’s
Association and Dream Dirt have also announced they are partnering on an online auction to raise funds for victims of the recent wildfires.
The online auction will take place at 10 a.m. on Friday, April 7. Everyone is invited to participate in the auction or to donate items to be sold.
The Iowa Cattlemen’s Association is also accepting cash donations. 100% of donations and auction proceeds will be distributed to the
affected states. More information about the auction and how to donate can be found at--http://www.iacattlemen.org/
House Passes Criminal Justice Sentencing Reform and Statute of Repose
This week the House passed two extensive judiciary bills that members have been working on for many years.
HF 579, a bill addressing sentencing reform, was sent to the Senate for consideration. The bill gets rid of mandatory minimum sentences for
some crimes, ensure those who attempt to murder peace officers serve their full sentence, and changes sentencing structures for
possession of crack cocaine.
Additionally, the House passed SF 413, Statue of Repose. This bill has been proposed in various forms for at least the past five years. After
extensive conversations with all parties, SF 413 was agreed upon by the House and Senate.
HF 579- Sentencing Reform
HF 579 modifies criminal sentencing for various crimes in an effort to reduce prison sentences in some cases.
Crack cocaine penalties are brought closer in line with powdered cocaine penalties.
A person convicted of attempted murder of a peace officer shall serve 100 percent of their prison sentence and shall be denied
parole, work release, or other early release.
Standard sentences shall be imposed in certain crimes. These standard sentence guidelines will be used, unless there is a
compelling reason not to impose the standard sentences or in particular crimes listed.
SF 413-Statute of Repose
A Statute of Repose establishes a time period after which a lawsuit, based upon negligence in an improvement to real property, cannot be
file. Statute of Repose should not be confused with a statute of limitations. Statute of limitations period begins at the date of the injury or
upon discovery of the deficiency.
The bill strikes the 15 year statute of repose and replaces it with a statute of repose that is specific to certain structures:
Nuclear power plants, or interstate pipelines- 15 years
Residential construction- 10 years
Actions related to, or improvement to other real property-8 years
If there is intentional misconduct or fraudulent concealment of unsafe or defective conditions the claim must be brought within 15 years.
If the unsafe or defective condition is discovered within one year prior to the applicable statute of repose, the period or repose shall be
extended for one year.
This bill does not reduce the statute of repose for projects already in existence prior to the effective date. It also ensures that any contracts
in place when this act goes in to effect are not impacted by the change in the statute of repose.
I did not support this one, but it will become law.
VA Announces Crisis Line Fix
Last week, Department of Veterans Affairs Secretary Shulkin announced that it was his department’s intent to expand urgent mental health
care needs to former service members even if they had not been honorably discharged. The Secretary noted that suicide prevention is one
of the department’s top priorities.
It is estimated that there are more than 500,000 former service members that were discharged with a status other than honorable. Under
the department’s new initiative, former service members with those other than honorable statuses would be able to seek treatment at a VA
emergency department, Vet Center, or contact the Veterans Crisis Line.
The department plans to have the initiative in place by early summer. Secretary Shulkin plans to meet with Congress, Veterans Service Organizations, and Department of Defense officials to determine the best way to get these Veterans the help they need.
Veterans in crisis should call the Veterans Crisis Line at 800-273-8255 (press 1), or text 838255.
Water Quality Long-Term Financing Measure Moves Another Step-Forward
House File 538 is up for debate on the House Calendar. If it passes, the measure will be referred to the House Appropriation Committee for its
consideration and review of appropriations and allocation provisions. The aspects of the bill relevant to Ways and Means Committee deal
with provisions to provide a multi-year funding plan to support water quality improvements for surface water and to support upgrade and
refurbishment of existing drinking water supply systems and wastewater treatment systems. HF 538 repeals the state sales tax on metered
water furnished by a water utility or water service and instead creates an excise tax of six percent on metered water furnished by a water
utility or water service and transfers the money to the wastewater and drinking water treatment financial assistance fund that is phased in
over a six year period (starting July 1, 2017) with incremental one-sixths of the excise tax amount added each fiscal year.
On March 21, 2017, the Iowa Legislative Service Bureau Fiscal Division issued a fiscal note for the bill that is contained the copied tables below
and which is available at- https://www.legis.iowa.gov/docs/publications/FN/855704.pdf . The fiscal note also specified that the impact of section 21 of
the bill which expands the scope what may be funded with the existing 6.75-cents per thousand valuation county levy that currently supports
flood and erosion control to additionally support water quality improvement project financing that if all counties exercised this option would
result in a statewide cumulative increase in annual property taxes on agricultural land of $2.1-million.
Two Bald Eagles Shot in Webster County
Two bald eagles were found shot in Webster County. The Iowa DNR is currently looking for information related to the person or persons responsible for the shooting.
The first bird was an immature bird found two weeks ago in the Boone Forks Wildlife Area. The second bald eagle was mature. It was found
Saturday near the sewage lagoons at Lehigh. This eagle was alive but had been shot twice. It died after being transported to a wildlife rehabilitator.
Both eagles were shot with a similar caliber firearm and left for dead. The two birds were found within 10 miles of each other. The Iowa DNR
says it is possible that the cases are related. They are asking for the public’s help to find those responsible. The DNR is asking anyone with
information to use the Turn In Poachers (TIP) website. It can be found here. Or, call the hotline at 1-800-532-2020.
Health Insurance
Earlier this week, the House Commerce Committee unanimously voted Senate File 230 out of committee. The bill increases legislative
health insurance to match that of the executive branch non-contract employees, excluding the regents, or 20% of premiums. House
Republicans have moved versions of this bill several times since 2011 only to have it die in the Democrat controlled Senate. Now that
Republicans control both chambers, it will finally make it to the Governor’s desk. SF 230 passed the Senate back in February, also by a
unanimous vote.
All legislators and legislative full-time employees are affected. It goes into effect immediately, but will not affect the existing contract, and
instead will apply to the policies that begin during the next enrollment period and go into effect on January 1, 2018. These employees will
be subject to the same enrollment rules, premium payments and termination rights as the executive branch employees -including the
opportunity to participate in the State Healthy Opportunities Wellness Program. This is a voluntary wellness program currently available to
Executive Branch Non -Contract and SPOC-covered employees. The program is administered according to federal rules permitting employersponsored wellness programs that seek to improve employee health or prevent disease, including the Americans with Disabilities Act of
1990, the Genetic Information Nondiscrimination Act of 2008, and the Health Insurance Portability and Accountability Act, as applicable,
among others. If an employee chooses to participate in the wellness program, they will be asked to complete a voluntary health risk
assessment or "HRA" that asks a series of questions about health-related activities and behaviors and whether a doctor has ever diagnosed
you with certain medical conditions (e.g., cancer, diabetes, or heart disease). The employee will also be asked to complete a biometric
screening, which will include a blood test assessing cholesterol, triglycerides, and glucose. It is not required to complete the HRA or to
participate in the blood test or other medical examinations. However, employees who choose to participate in the wellness program will
receive an incentive. Executive branch non-contract employees can reduce the amount of their health insurance premium contribution by
$111 per month.
This bill will reduce General Fund expenditures by an estimated $235,000 for FY18, and $470,000 annually beginning with FY19. The
payments by the members and full-time employees will increase by the same amount.
Interstate Construction Ready to Start
Spring us upon us and so is interstate construction season! Interstate construction crews have steadily worked over the winter
months to get ready for spring and warmer weather and they will continue to their work this week.
Here are some of the areas impacted:
The westbound Interstate 80 exit at Iowa 192/South Expressway (exit 3) and right lane of westbound I-80 between the I-80/I-29
interchange (exit 4) and Iowa 192/Expressway (exit 3)
The right lane of westbound I-80 between the I-80/I-29 interchange (exit 1) and the Missouri River bridge
The southbound I-29 to westbound I-80 ramp (exit 51)
Eastbound I-80 at the I-80/I-29 interchange (exit 4)
Iowa 192/South Expressway between the westbound I-80 ramp and 30th Avenue
All of these construction projects should be completed by Friday Morning on March 31st.
The Iowa DOT is in the process of reconstructing I-80, I-29, and I-480 in the Council Bluffs metropolitan area. This interstate redesign
will affect 18 miles of the interstate and help modernize the highway system and improve mobility and safety. Motorists should make
sure to plan for extra travel time while this interstate construction takes effect. More information about detours and traffic impacts
are available at: www.CouncilBluffsInterstate.IowaDOT.gov.
If You’re Keeping Score (and I am)
In the last 80 days … The Des Moines Register has had 64 editorials attacking republicans.