JOHNSON COUNTY IOWA

BOARD OF SUPERVISORS MEETING

AGENDA ● MAY 31, 2017

Second Floor Boardroom Work Session 9:00 AM

JOHNSON COUNTY ADMINISTRATION BUILDING 913 SOUTH DUBUQUE STREET

IOWA CITY, IA 52240

PHONE: 319-356-6000 www.JOHNSON-COUNTY.com

www.JOHNSONCOUNTYIA.IQM2.com

Johnson County Iowa Published: 5/30/2017 08:45 AM Page 1

MEETINGS OF THE BOARD OF SUPERVISORS

Location

Meetings are generally held in the Johnson County Administration Building Second Floor Boardroom, 913 South Dubuque Street, Iowa City, Iowa 52240. However, meeting locations do vary. Please view each agenda to confirm the correct location.

Agenda Packets

To be in compliance with Iowa Code Section 21.4, Board of Supervisors meeting agendas are posted on the bulletin board outside the Board Office a minimum of 24 hours prior to the scheduled meeting. After such time has passed, the posted agenda will not change; however, agenda packet attachments may be modified or added until the start of the meeting.

Order of Discussion

Board members reserve the right to move items from the order listed on the agenda.

A person may address matters not on the agenda during the “Inquiries and Reports from the Public” item. Please be aware that the Board is limited in their ability to respond to such inquiries and the Iowa Code prohibits the Board from deliberating or acting on items not appearing on the agenda.

Additional Information

Supplemental documents to agenda items are public record and are attached to the online agenda packet, with the exception of those corresponding to executive sessions. Minutes of formal meetings are published in accordance with the Iowa Code.

The Board of Supervisors regular weekly formal and informal meetings are recorded and televised on Cable Television City Channel 4 and can be viewed via webcast on www.johnsoncountyia.iqm2.com. Assistance will be provided to those requiring accommodations for disabilities, in compliance with the Americans with Disabilities Act of 1990. Please request accommodations in advance by contacting Board Secretary Angela McConville-Laffey at 319-356-6000.

JOHNSON COUNTY, IOWA ELECTED OFFICIALS

Vice-Chairperson Mike Carberry

Supervisor Kurt M. Friese Supervisor Lisa Green-Douglass

Chairperson Janelle Rettig Supervisor Rod Sullivan

Attorney Janet Lyness Auditor Travis Weipert Recorder Kim Painter

Sheriff Lonny Pulkrabek Treasurer Tom Kriz

COUNTY DEPARTMENTS

Ambulance City Assessor Conservation

County Assessor County Case Management Emergency Management

Finance Human Resources

Information Technology Medical Examiner

Mental Health/Disability Services Physical Plant

Planning, Development, & Sustainability Public Health

SEATS Secondary Roads

Social Services Veterans Affairs

Agenda Board of Supervisors May 31, 2017

Johnson County Iowa Published: 5/30/2017 08:45 AM Page 2

WORK SESSION - AGENDA

A. CALL TO ORDER: 9:00 AM

B. WORK SESSION BUSINESS

1. Use of Health and Human Services Building office space

2. Proposal for new Electric Vehicle Charger in Administration Building employee parking lot

3. Repair or replacement of Ambulance #25

4. 28E Agreement with the City of Iowa City for sharing of Iowa City Fire Department Station 4

5. Resolution for Joint Agency Agreement by and between Johnson County, Iowa and Other Counties Potentially Affected by an Iowa Watershed Approach Project Funded through a Community Development Block Grant (CDBG) Program Allocation from the Catalog of Federal Domestic Assistance (CFDA) #14.27 under Contract 13-NRDI-007

6. FY2018 non-bargaining pay plan

7. State legislation from the 2017 legislative session affecting county operations, processes and policies

8. Internal processes, expectations, and other operational issues of the Board of Supervisors Office

9. Other

C. DISCUSSION FROM THE PUBLIC

D. ADJOURNMENT

Existing

ElectricalVehicle ChargingAdmin BldgEmployee Parking Lot

Two existingbasic chargers; request to improve

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Existing: Slower; requires cord +turn breakers on/off

Proposed: Modern Level 2 Type(faster; cord built-in; push button)

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Signage—improve?

Assigned v. OpenSpaces

Raise awareness

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IOWA CITY FIRE DEPARTMENT STATION 4 SHARING AND

INDEMNIFICATION AGREEMENT

This Station 4 Sharing and Indemnification Agreement (hereinafter, the “AGREEMENT”) is

between the City of Iowa City (hereinafter, the “CITY”) and Johnson County, Iowa (hereinafter,

the “COUNTY”; together, the “PARTIES”.)

RECITALS

WHEREAS, the Johnson County Ambulance Service, a COUNTY entity, desires to enhance

emergency response times to northeast Iowa City and northeast Johnson County. is undergoing

renovations to its facilities and is in need of alternate space during said renovations; and

WHEREAS, collaboration and cooperation between the Iowa City Fire Department and the

Johnson County Ambulance Service is long-standing and mutual; and

WHEREAS, the CITY has the capacity to assist the COUNTY by providing parking, housing,

and storage at the CITY’s Fire Station 4; and

WHEREAS, the CITY does not seek compensation for the space used by the COUNTY in this

way, and the COUNTY appreciates that all space and facilities are borrowed on an “as is” basis,

and at its own risk; and

WHEREAS, the PARTIES wish to enter into this AGREEMENT to memorialize their mutual

understanding.

AGREEMENT

1. Term. This AGREEMENT shall commence on March 1, 2016, and run through August 31,

2017.

2.1.Use of Facilities. The COUNTY shall have the use of one bay, storage space, and two

bedrooms, all as designated by CITY, and all at Iowa City Fire Station 4. COUNTY is

responsible for establishing, operating, and maintaining any phone, IT, or radio facilities they

utilize, as well as for any other fit-out they require. The facilities shall be returned in as good

of condition as when received by the COUNTY, save normal wear and tear.

3.2.Janitorial. Fire Station 4 is cleaned and maintained by CITY firefighters. It is expected that

COUNTY employees using the facility will be at least as diligent as CITY employees in

cleaning and maintaining the facilities used by the COUNTY.

4.3.Use of Facilities. The COUNTY will use the facilities in question solely for operation of the

Johnson County Ambulance Service. The facilities may not be used for any other purpose.

5.4.Prohibited Behavior. Smoking is not allowed anywhere on the grounds of Fire Station 4.

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6.5.Waiver. The COUNTY hereby disclaims, and COUNTY hereby releases the CITY from any

and all liability, whether in contract or tort (including strict liability and negligence) for any

loss, damage, or injury of any nature whatsoever sustained by COUNTY, its employees,

agents or invitees related in any way to COUNTY’s use of Fire Station 4 during the term of

this AGREEMENT, including, but not limited to, loss, damage or injury to the property of

COUNTY, or the injury (up to and including death) of COUNTY’s employees, contractors,

subcontractors, agents, volunteers, or invitees.

7.6.Indemnification. COUNTY agrees to defend, indemnify, and hold harmless the CITY

against any and all claims related in any way to COUNTY’s use of Fire Station 4 during the

term of this AGREEMENT.

8.7.Waiver of Subrogation. The CITY and COUNTY and all parties claiming under or through

them hereby mutually release and discharge each other, and the officers, employees, agents,

representatives, customers and business visitors of CITY and COUNTY from all claims,

losses and liabilities arising from or caused by any hazard covered by insurance on or in

connection with the facilities or said building, even if caused by the fault or negligence of a

released party. This release shall apply only to the extent that such claim, loss or liability is

covered by insurance.

9.8.Termination. This AGREEMENT shall remain in full force and effect until such a time as

either party gives notice of termination.may be terminated by either party by providing

written notice to the other party. Said termination will be effective fourteen (14) calendar

days after service, by first class mail, on the other party. Written notice shall be provided to

the following: CITY: Iowa City Fire Chief, 410 E. Washington St., Iowa City, IA 52240;

COUNTY: Chairperson, Johnson County Board of Supervisors, 913 S. Dubuque St., Iowa

City, IA 52240.

IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT to be

effective as of the ________day of ___________, 2016.

CITY OF IOWA CITY JOHNSON COUNTY, IOWA

_______________________________ _______________________________

James A. Throgmorton, Mayor Rod SullivanJanelle Rettig, Chairperson

Attest: Attest:

_______________________________ _______________________________

City Clerk County Auditor

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CITY ACKNOWLEDGMENT

STATE OF IOWA )

) ss:

JOHNSON COUNTY )

On this __________ day of _________________________, 2016, before me, the undersigned, a

notary public in and for the State of Iowa, personally appeared James A. Throgmorton and Marian

K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and

City Clerk, respectively, of said municipal corporation executing the within and foregoing

instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument

was signed and sealed on behalf of said municipal corporation by authority of its City Council; and

that the said Mayor and City Clerk as such officers acknowledged that the execution of said

instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily

executed.

______________________________________

Notary Public in and for the State of Iowa

Approved:

______________________________

City Attorney

COUNTY ACKNOWLEDGEMENT

STATE OF IOWA )

) ss:

JOHNSON COUNTY )

On this __________ day of _________________________, 2016, before me, the undersigned, a

Notary Public in and for the State of Iowa, personally appeared Rod Sullivan and Travis Weipert,

to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson

of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, Iowa; that

the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the

instrument was signed and sealed on behalf of the corporation, by authority of its Board of

Supervisors; and that the said Chairperson and Auditor, as such officers acknowledged the

execution of the instrument to be their voluntary act and deed and the voluntary act and deed of

said corporation, by it and by them voluntarily executed.

Notary Public in and for the State of Iowa

My commission expires:

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RESOLUTION FOR

JOINT AGENCY AGREEMENT

BY AND BETWEEN JOHNSON COUNTY, IOWA AND OTHER COUNTIES

POTENTIALLY AFFECTED BY AN IOWA WATERSHED APPROACH PROJECT

FUNDED THROUGH A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

PROGRAM ALLOCATION FROM THE CATALOG OF FEDERAL DOMESTIC

ASSISTANCE (CFDA) # 14.27 UNDER CONTRACT 13-NRDI-007

WHEREAS, Johnson County, has been awarded “pass-through” funding by the Iowa Economic

Development Authority (IEDA), from the Community Development Block Grant

(CDBG) Program of the U.S. Department of Housing and Urban Development

(HUD), to plan and implement improvements proposed for enhancement of the

Clear Creek Watershed; and

WHEREAS, as grantee, Johnson County is designated “Responsible Entity” to ensure

compliance with federal provisions stipulated to be invoked by the National

Environmental Policy Act, whereby an assessment must be undertaken to

determine whether proposed improvements may significantly affect the human

environment, and, if necessary, any mitigating actions; and

WHEREAS, as Responsible Entity, Johnson County is likewise lead entity in association with

planning and development activities proposed within jurisdiction of the Clear Creek

Watershed subject to environmental review; and

WHEREAS, another noted watershed county potentially affected by the project includes Iowa;

and

WHEREAS, Johnson County may not independently exercise responsibilities required by

environmental review on behalf of another county without joint approval through

mutual agreement.

NOW, THEREFORE, BE IT RESOLOVED BY THE PARTIES HERETO THAT the

Responsible Entity is hereby authorized to determine activities and any mitigating actions to be

implemented for watershed improvement(s) within Iowa County.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by

their duly authorized representatives.

For Johnson County, Iowa

By: __________________________________________________________________________

Date: ________________________________________________________________________

Attested By: __________________________________________________________________

Date: ________________________________________________________________________

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For Iowa County:

By: __________________________________________________________________________

Date: ________________________________________________________________________

Attested By: __________________________________________________________________

Date: ________________________________________________________________________

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Pay Grade Job Title Entry Midpoint Maximum29 $109,067.14 $128,314.42 $147,561.18

$4,194.89 $4,935.17 $5,675.43

$52.44 $61.69 $70.94

28 $103,613.64 $121,898.66 $140,183.42

$3,985.14 $4,688.41 $5,391.67

$49.81 $58.61 $67.40

County Engineer

Deputy County Attorney

Public Health Director

27 $98,433.14 $115,803.48 $133,174.08

$3,785.89 $4,453.98 $5,122.08

$47.32 $55.67 $64.03

26 $93,511.08 $110,013.54 $126,515.22

$3,596.58 $4,231.29 $4,865.97

$44.96 $52.89 $60.82

Conservation Director

26a $93,511.08 $110,013.54 $122,312.32

$3,596.58 $4,231.29 $4,704.32

$44.96 $52.89 $58.80

Assistant County Attorney III (maximum must be < 85% of County Attorney's salary)

25 $88,836.02 $104,512.46 $120,189.68

$3,416.77 $4,019.71 $4,622.68

$42.71 $50.25 $57.78

24 $84,394.18 $99,286.72 $114,179.78

$3,245.93 $3,818.72 $4,391.53

$40.57 $47.73 $54.89

Ambulance Director

Assistant County Attorney II

Information Technology Director

Planning, Development & Sustainability Director

Transportation and Fleet Director

23 $80,174.64 $94,322.54 $108,471.22

$3,083.64 $3,627.79 $4,171.97

$38.55 $45.35 $52.15

MH/DS Director

Social Services Director

Pay Ranges for Non-bargaining Pay Plan Effective July 1, 2017

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22 $76,165.18 $89,606.40 $103,047.10

$2,929.43 $3,446.40 $3,963.35

$36.62 $43.08 $49.54

Assistant County Engineer

Board Office Executive Director

Deputy Public Health Director

Finance Administrator

Human Resources Administrator

Medical Examiner Administrative Director

21 $72,357.48 $85,126.08 $97,894.94

$2,782.98 $3,274.08 $3,765.19

$34.79 $40.93 $47.06

Assistant Planning, Development & Sustainability Director

Community Health Division Manager

Emergency Management Coordinator

Facilities Manager

Maintenance Superintendent

Network Administrator

Operations Superintendent

Temporary Construction Project Manager

WIC/MCH Manager

20 $68,739.32 $80,869.62 $93,000.18

$2,643.82 $3,110.37 $3,576.93

$33.05 $38.88 $44.71

Assistant Ambulance Director

GIS Coordinator

Jail Alternatives Administrator

Lead Developer/Database Administrator

19 $65,302.38 $76,826.36 $88,350.08

$2,511.63 $2,954.86 $3,398.08

$31.40 $36.94 $42.48

Assistant County Attorney I

Business Manager

Case Management Administrator

Conservation Program Manager

Environmental Health Coordinator

Financial and Statistical Supervisor

Jail Alternatives Coordinator

Programmer/Analyst II

18 $62,037.30 $72,984.86 $83,932.68

$2,386.05 $2,807.11 $3,228.18

$29.83 $35.09 $40.35

Case Management Supervisor

Database Administrator/Analyst II

Maintenance Supervisor

Medical Examiner Supervisor

Transportation/Fleet Supervisor

Webmaster

WIC/MH Coordinator

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17 $58,935.50 $69,335.50 $79,736.02

$2,266.75 $2,666.75 $3,066.77

$28.33 $33.33 $38.33

Assistant Maintenance Superintendent

Early Childhood Specialist

Lead Building Inspector

Managing Secretary

Natural Resource Manager

Operations Supervisor

Park Ranger II

Risk Management Coordinator

Roadside Vegetation Manager

VA Director

16 $55,988.66 $65,868.66 $75,749.44

$2,153.41 $2,533.41 $2,913.44

$26.92 $31.67 $36.42

Community Projects Specialist

Field (Paramedic) Supervisor

GIS Analyst

Human Resources Coordinator

Medical Examiner Investigator

Naturalist

Server Support Specialist

WIC/MCH Data Specialist

15 $53,188.98 $62,575.50 $71,961.24

$2,045.73 $2,406.75 $2,767.74

$25.57 $30.08 $34.60

Administrative Asst Roads

Administrative Asst Sheriff

Administrative Billing Specialist

Assistant Planner

Budget Analyst

Deputy Emergency Management Coordinator

GIS Project Specialist

Grant and Communications Specialist

Health Educator

Jail Alternatives Counselor

Mechanic

Mobility Coordinator

Park Ranger I

PC Desktop Support Technician

Senior Combination Inspector

Soil and Water Conservation Coordinator

14 $50,529.96 $59,446.92 $68,363.88

$1,943.46 $2,286.42 $2,629.38

$24.29 $28.58 $32.87

Accountant

Disease Prevention Specialist

Health Planner

Help Desk Specialist

Natural Resource Management Specialist

Programmer/Analyst I

QA Specialist

Sustainability Coordinator

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13 $48,003.28 $56,474.60 $64,945.66

$1,846.28 $2,172.10 $2,497.91

$23.08 $27.15 $31.22

Adminstrative Assistant I

Administrative Asst MH/DS

Combination Inspector

Environmental Health Specialist

Field Worker II

Health Educator Assistant

Human Resources Assistant

Local Foods & Planning Specialist

Medical Secretary

Mental Health Advocate

Nutritionist

Oral Health Coordinator

Public Health Nurse

Secretary/Office Manager

Senior Maintenance Specialist

Soil and Water Conservation Specialist

Utility Person

12 $45,603.48 $53,651.00 $61,697.74

$1,753.98 $2,063.50 $2,372.99

$21.92 $25.79 $29.66

Dental Hygienist Consultant

11 $43,323.54 $50,968.32 $58,613.36

$1,666.29 $1,960.32 $2,254.36

$20.83 $24.50 $28.18

10 $41,156.70 $48,420.06 $55,682.90

$1,582.95 $1,862.31 $2,141.65

$19.79 $23.28 $26.77

Confidential Secretary

9 $39,098.54 $45,998.94 $52,898.30

$1,503.79 $1,769.19 $2,034.55

$18.80 $22.11 $25.43

Conservation Office Assistant

8 $37,143.86 $43,698.72 $50,254.10

$1,428.61 $1,680.72 $1,932.85

$17.86 $21.01 $24.16

Field Worker I

7 $35,286.68 $41,514.20 $47,741.46

$1,357.18 $1,596.70 $1,836.21

$16.96 $19.96 $22.95

6 $33,522.58 $39,438.10 $45,353.62

$1,289.33 $1,516.85 $1,744.37

$16.12 $18.96 $21.80

5 $31,846.62 $37,465.74 $43,086.68

$1,224.87 $1,440.99 $1,657.18

$15.31 $18.01 $20.71

Although every effort was made to ensure the accuracy of this information, we reserve the right to correct

any errors, inaccuracies or omissions.

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2017 GENERAL ASSEMBLY

LEGISLATIVE BRIEFING

PRESENTED BY:

Larry Murphy, Lobbyist Gary Grant, Lobbyist

Meghan Malloy, Esq., Lobbyist

May/June 2017

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URBAN COUNTY COALITION

Table of Contents

Tab 1. Urban County Coalition Priorities for 2017 General Assembly

Tab 2. Legislative Summary

Tab 3. Property Tax Backfill: SF516

Tab 4. Mental Health County Levy: SF504-Fiscal update

Tab 5. Water Quality: SF510-partial NOBA; HF643 partial NOBA

Tab 6. Minimum Wage: HF295

Tab 7. REAP: SF510 partial NOBA

Tab 8. Unfunded/Underfunded Mandates: SF 501-Enrolled Bill

Tab 9. Newsletters

Tab 10. Bill Tracking: Passed bills

Tab 11. Bill Tracking: Bills eligible in 2018

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The Urban County Coalition believes that decisions on local matters are best made by local

governments. We understand and respect the role of the state legislature but believe that

Iowa’s tradition of “Home Rule” should be respected by the legislature.

Commercial Property Tax Backfill - The state made a commitment to backfill the revenue loss that was

a result of the reduction in the commercial and industrial property tax rates. In addition, the changes in the

multi residential rates will take effect in FY17 (and is not backfilled) which will have an additional adverse

effect on local revenues. We encourage the State to make sure it continues to follow through on its promise

to backfill the property tax loss.

Mental Health Funding -We would like the State to fulfill its commitments to assist counties in providing

mental health services, or failing that, allow regions the necessary authority to equalize the per capita

amounts. The Legislature can do this by retaining the per capita rate cap on the mental health levy but

eliminating the frozen dollar cap and allow individual counties and regions to equalize the funding they

provide for mental health services. This change would eliminate the disparity in the per capita levies that

currently exist between counties and provide the necessary flexibility to provide services. In addition,

because this inequity has persisted over the past twenty years, and to correct it immediately would put and

undue burden on local property tax payers, we request that the state set aside a pool of funds sufficient to

ease the transition for those counties who no longer have reserve funds and must raise their levy.

In addition, we also strongly oppose any transfer of additional responsibilities from the state to regions

without the commitment to provide additional resources. Without this commitment, the state would be

placing an additional burden on local property taxes.

Restore Funding for De-categorization Program -

Early Childhood Iowa: The Urban County Coalition urges the Legislature to enhance effectiveness of

Early Childhood Iowa funds by removing the categorical restrictions on their use allowing ECI

Governance Boards to address the unique local needs of at-risk families as documented in their

Community Plans.

Decategorization: Funding for the Decat Boards is appropriated via 1.) Legislative Allocation 2.)

Transfer of Child Welfare funds from the DHS Service Area Manager 3.) Transfer of funds from the

Chief Juvenile Court Officer. In FY16 the Decat Boards did not receive the roughly $5 million Transfer

of DHS Child Welfare funds. This resulted in a nearly 80% decrease in funding for some Decat Boards

and the elimination of many critical programs that help prevent children and family involvement in the

child welfare and juvenile justice systems. The Urban County Coalition urges the Legislature to shift the

primary funding for Decategorization away from Child Welfare Transfers to a comparable increase in

annual legislative allocation to allow for improved fiscal planning.

Water Quality - We support the funding of the Iowa Water and Land Legacy fund established by

constitutional amendment. We also oppose any change to the current formula of allocation, encouraging

the legislature to find new funding to address the water quality issues that affect Iowa’s waterways. We

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would also ask the legislature to look closely at local partnerships that have been established and are

having an effect. These efforts, including watershed management authorities, should be given the

resources they need to make sure the work they are doing can continue.

Additional Issues

Minimum Wage - We believe that the state should address the issue of raising the minimum wage but

any legislation that does so should not further intrude on Iowa’s home rule principle by including a

preemption on local governments ability to address the issue.

Unfunded and Underfunded Mandates - We encourage the Legislature to act to reduce the instances of

cost shifting identified and eliminate the burdens these place on property tax payers. The two areas that

have the largest impact on local property taxes are colocation of state offices (DHS) and courthouse

maintenance and security, but there are many others.

• Housing State Offices at Local Taxpayer Expense – Currently some counties are forced to house

a variety of state agencies (DHS and the Courts, for example) and receive little or no

reimbursement from the State. In addition, counties are forced to pay for expenses such as postage

and office supplies at local taxpayer’s expense. We request that the State no longer require that

counties subsidize the local office expenses of state agencies. We would encourage the legislature

to pay particular attention to the document storage requirements of the Department of Human

Services,

• Courthouse Security and expenses- Like the housing of state agencies, local taxpayers are bearing

the entire burden of upgrading, modifying, or even replacing aging courthouses. There is a court

expense added to virtually every criminal or civil action but none of this money goes to pay actual

courthouse expenses. We would request that the state allocate a portion of these funds to counties

for courthouse maintenance and security. This is also an area where the state imposes costs on

local governments by not moving the agencies to a paperless document storage program like it

has other state agencies.

• Paper Document Storage – Publishing Costs – Reduce publishing costs to local governments to

publish meeting, and legal notices on-line and require only a summary to be published in local

print outlets. Additionally, allow counties to publish in only one newspaper. We would also

encourage the legislature to provide a more clear definition of proceedings.

Emergency Management Agency Funding – The current funding formula does not adequately address

the needs of the urban counties in Iowa. Eliminate the funding cap on urban counties. We also encourage

the State to pass through 80% of the federal funding it receives to counties.

REAP and Trail Funding - We encourage the Legislature and the Governor to fully fund the program at

the 20 million dollar level. We believe that these funds should be focused on identifying and addressing the

issues of trail connectivity across our state.

County Bonding - We believe that in matters of public finance, counties should be treated in the same

manner as cities. We support the provisions of SF 416, which allowed counties flexibility in bonding for

certain projects that the cities currently enjoy. We also ask that the limit be raised to a consistent level with

cities, currently five million dollars. In addition, the definitions of essential county purpose have not been

updated to address new challenges faced by counties. We ask that the following categories be added to

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essential county purposes: disaster recovery, disaster mitigation, water quality initiatives, and courthouse

improvements and upgrades.

County Zoning Equity - We would request that the legislature grant counties the same authority to enforce

zoning regulations that cities currently have. Currently counties have no mechanism to force compliance or

collect the cost of cleaning up violations and these costs are born by all county taxpayers.

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Urban County Coalition Legislative Summary

(Included in this Legislative Summary binder is this overview, selected issues that are tabbed

that reflect legislative priorities, tracking of bills that passed and those that did not pass this

year, but are eligible for next year’s General Assembly and newsletters from the currently, just

completed legislative session. The tabbed issues include mental health funding and

appropriate legislative information, commercial property tax backfill, Water Quality efforts,

REAP funding, Unfunded and Underfunded Mandates on County Government.)

The 2017 Legislative session in Iowa has been universally categorized as historic, though the

session’s true legacy largely depends on who you ask. While there were some victories for Local

Government, there was were also restrictions and outright losses in issues important to the Urban

County Coalition (UCC).

For the first time in 20 years, the House, Senate, and Governor’s Office were all under one-party

control. This resulted in legislation that was divisive between the caucuses and swiftly enacted, all-

night filibusters against collective bargaining, and unprecedented changes in rules to stop debate and resurrect previously funneled bills.

In the backdrop of lower than expected revenue collections, the session started with significant de-

appropriations across the board, that was exacerbated later in session with additional reductions in

state spending and transfers from the reserve funds to fund state government at basically the same

level as 2016-2017.

This was quickly followed by sweeping legislation pre-empting local government on several issues,

gutting collective bargaining, significantly altering workers’ compensation rights, implementation

of voter ID programming, substantial expansion of gun rights and swapping federal funds coming to

counties for state funds to create end-around on Davis-Bacon requirements for federal road

projects.

Though nearly every bill seemed controversial in some way, the lobbying team also focused on

some non-controversial legislation, including mental health, E-911, unfunded mandates, and

medical cannabis oil. It is only this year that mental health funding and medical cannabis oil would be

categorized as non-controversial.

Property Tax Backfill

Local governments, thanks to Governor Branstad, had a win regarding the state’s commitment to

backfill local government revenues to offset the industrial/commercial property tax reduction

several years ago. Despite several backroom efforts by the General Assembly, the Governor made it

clear he would veto any attempts to renege on the backfill promise. Great for this year, but this is a

serious concern for next year when Governor Branstad is gone.

Mental Health

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The other top priority for county government was creating a sustainable, long term funding

structure for Iowa’s Mental Health System. Mental health funding did receive a fix, albeit not permanent.

Our goals this session was: 1. Elimination of the levy inequity between counties within

mental health regions; 2. Elimination of the 1996 dollar cap on mental health

expenditures. 3. Long term funding so regions could move ahead on implementing Core

services and where appropriate, Core+ services; 4. Maintain $47.28 cap on individual county expenditures. 5. Maintain the 25% reserve requirement.

With the passage and eventual signature of SF 504, we have eliminated the levy inequity

within regions, eliminated the 1996 dollar cap but replaced it with a regional spending cap

within a $114 million statewide dollar cap, created at least a mid-term funding system to

allow regions to move ahead with contracts for Core and some Core+ services, maintained

the $47.28 cap but replaced the reserve caps to 20% in FY 2020 and 25% for small counties. Excess funds must be spent down to get within the reserve caps.

This fixes the problem within the Dubuque-Linn-Johnson County Region. It allows the

regions to lower the tax rate while Johnson County moves to equalize levy authority. The

bill also instructs the DHS Director to work with the Scott County Region to identify grant

opportunities to close the $3 million gap within the region to fund the jail diversion

program implemented the past year. The latter was not reflected by the DHS and LSA in

analyzing the needs for the region since they used the 2016 FY instead of FY 2017. It appears DHS has a bead on funding for that gap.

It also calls for a study of funding for mental health services within the next two years.

While this is far better than past years with continual extensions of the 1996 system, we

are still faced with an uncertain future. But there is opportunity to continue to build a

massive coalition ranging from religious groups to public safety groups demanding a permanent and sustainable and effective mental health system.

Water Quality

While there was conversation to the last all-night session of the 2017 General Assembly,

the attempts to deal with sustained Water Quality funding and programming again was left

unanswered until the 2018 session. Nothing was done. The Senate passed one version,

generally supported by ag groups, and the House passed a different version. The two

passed, literally in the dark of night, but no compromise bill was approved.

Meanwhile, funds from the Rebuild Iowa Infrastructure Fund (now amended to include

Water Quality programs) and Environment First fund were transferred to the Ag & Natural

Resource Budget to expand funding for Water Quality/Nutrient Reduction program: the first step in Water Quality improvements.

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REAP

As with the whole session, the lack of dollars drove the REAP funding. While the actual

statutory language requires $20 million annually for REAP activities, the usual $14-$16 million appropriation was paired back to $12 million. See accompanying tab.

Voter ID

Lawmakers approved contentious legislation proposed by Republican Secretary of

State Paul Pate that will require voters to show government-issued identification at the

polls and will reduce the time period for early voting. The legislation makes changes to

Iowa’s elections laws that Republicans say are needed to ensure the honesty of the

process and prevent fraud.

Among them is a provision that would require every voter to present government-

issued identification at the poll on Election Day. In addition, the bill shortens the time

frame for casting absentee ballots and voting early at satellite polling sites from 40 days to 29 days.

Democrats denounced the bill, calling it an effort to suppress voter turnout by minorities, older people and people with disabilities.

Collective Bargaining

After exhaustive debates that included an all-night Senate floor session, the Republican

majority approved a proposal to dramatically scale back a four-decades old collective

bargaining law that governs union contract negotiations for the state’s 184,000 public

employees. No Democrats supported the bill. Under the legislation, most public sector

union contract negotiations will be limited to base wages. Unions will be banned from

negotiating with their employers over issues such as health insurance, evaluation

procedures, staff reduction and leaves of absence for political purposes. However,

public safety workers such as police and firefighters will have a broader list of issues to

be considered in contract talks. All unions will be barred from having union dues

deducted from public employees’ paychecks and unions will need to be recertified prior

to every contract negotiation. The legislation also changes the arbitration process when

contract talks reach an impasse. Currently, the union and management will make their

best offers and an independent arbitrator will be required to choose the most

reasonable of the two. The legislation requires an arbitrator to consider the employer’s

ability to finance any wage increase. It also puts a cap on how much an arbitrator can raise wages.

The wage increase could not exceed whichever is lower: 3 percent, or a percent equal to

the cost of living increase outlined in the consumer price index.

Gun Rights Expansion

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One of the several contentious bills passed this session was firearm usage, and the effects of

the bill will be felt in the courthouses, county buildings, and the state capitol.

House File 517, the gun omnibus bill, covers a broad spectrum of issues: it legalized a

“stand your ground” provision, allow minors of any age to use firearms under the supervision of a

parent or guardian, and includes several provisions related to permits.

Gun safety advocates and some law enforcement groups were vocally opposed to the “stand

your ground” provision. The concept is becoming more common in other states, and is well-known

because it is so controversial. In Iowa’s new law, reasonable force is amended to mean: “force and

no more which a reasonable person, in like circumstances, would judge to be necessary to prevent

an injury or loss and can include deadly force if it is reasonable to believe that such force is

necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is

reasonable to believe that such force is necessary to resist a like force or threat.” What opponents

felt troubled by was additional language that permits the use of deadly force even when an

alternative course of action can be taken, and finally: “[A] person maybe wrong in the estimation of

the danger or the force necessary to repel the danger as long as there is a reasonable basis for the

belief of the person…” Certain law enforcement groups said this provision could result in problems

trying to prosecute assaultive behavior.

The team expects for this bill to be litigated in the future, likely after an individual tries to

bring a firearm into a courthouse and is denied entrance.

HF 517 was signed by Branstad April 13th.

Road Fund Swap

State transportation officials will keep federal road and bridge money normally sent to

Iowa’s cities and counties and replace it with state dollars under a controversial bill

backed by Republican lawmakers. The goal is to help local governments avoid federal

paperwork and other requirements that drive up costs by an estimated 15 percent on

city and county projects. Democrats contend the legislation will result in workers on

some local road projects being paid lower wages by avoiding federal rules. They also

said cities and counties won’t be required to purchase American-made steel when

building bridges and other structures. Republicans insisted that federal rules attached

to the federal money will still have to be followed by the Iowa DOT as the money is

spent on state highway projects.

Project Labor Agreements

This measure prevents state and local governments from mandating the use of project

labor agreements for public construction projects. The legislation addresses concerns

raised by nonunion contractors about project labor agreements, which are a collective

bargaining arrangement with one or more labor unions for a construction project.

Supporters of project labor agreements say they ensure that workers are paid fair

wages and that construction work is completed on time and on budget. Nonunion

contractors contend project labor agreements impede open, fair and competitive

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bidding in taxpayer-funded construction projects by requiring union construction

workers.

Unfunded / Unfunded Mandates

In the context of this session where there was literally no funds to be had, only the Sheriffs were able to increase fees for service which will marginally help county funds.

Any other efforts to secure funds for unfunded mandates or underfunded mandates was running into a wall of panic on the part of legislators.

SF 501, after several starts and stops, eventually made its way to the Governor’s office.

Minimum Wage

Republican lawmakers agreed to nullify minimum wage increases already approved in

five counties. The action effectively freezes the state’s minimum wage at $7.25 an hour,

and Democrats angrily denounced the bill, saying it fails to support poor Iowans.

Republicans said the legislation will provide Iowa employers with certainty,

predictability and uniformity by assuring the same minimum wage statewide. The bill

also prevents cities and counties from exercising local control on some other issues that

Republican lawmakers contend conflict with state law, such as paid family leave,

implementing a soft drink tax or banning the use of plastic bags.

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Senate File 516 - Enrolled

Senate File 516

AN ACT

RELATING TO STATE AND LOCAL FINANCES BY MAKING APPROPRIATIONS,

PROVIDING FOR LEGAL AND REGULATORY RESPONSIBILITIES,

CONCERNING TAXATION, AND PROVIDING FOR OTHER PROPERLY RELATED MATTERS, AND

INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.

6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

STANDING APPROPRIATIONS AND RELATED MATTERS Section 1. BUDGET PROCESS

FOR FISCAL YEAR 2018-2019.

1. For the budget process applicable to the fiscal year beginning July 1, 2018, on or

before October 1, 2017, in lieu of the information specified in section 8.23, subsection 1,

unnumbered paragraph 1, and section 8.23, subsection 1, paragraph “a”, all departments and

establishments of the government shall transmit to the director of the department of

management, on blanks to be furnished by the director, estimates of their expenditure

requirements, including every proposed expenditure, for the ensuing fiscal year, together with

supporting data and explanations as called for by the director of the department of

management after consultation with the legislative services agency.

2. The estimates of expenditure requirements shall be in a form specified by the

director of the department of management, and the expenditure requirements shall include all

proposed expenditures and shall be prioritized by program or

20 the results to be achieved. The estimates shall be accompanied 21 by performance measures for

evaluating the effectiveness of the 22 programs or results.

1

2

3

4 5

6

7 8

9

10

11

12

13

14

15

16

17

189

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END OF SESSION – SF 504 – MENTAL HEALTH COUNTY LEVY

Senate File 504 revises the county mental health and disability services (MHDS) property tax levy by

equalizing the taxes that can be levied in each county on a regional basis and setting a maximum per

capita amount that can be levied across the entire region. The new regional per capita cap is set by

adding the sum of the maximum amount each county in the region would be able to levy for FY 2018

under current law and dividing that by the region’s general population. Counties then multiply the new

regional cap by their populations to get the new county cap. The regional caps are limited statewide to

$47.28 per capita.

The Bill also requires counties to spend down fund balances in excess of 25.0%. Beginning in FY 2018,

counties have three years to spend down fund balances on services required in their regional

management plans. Beginning in FY 2022, counties are limited to a fund balance reserved for cash flow

of 20.0% of gross expenditures if the region has a population equal to or greater than 100,000, or 25.0%

of gross expenditures if the region has a population of fewer than 100,000. Counties will be required to

reduce their levies by any dollar amount in excess of the cash flow amount.

For FY 2018 through FY 2020, the Bill requires the Broadlawns Medical Center Board of Trustees to

transfer $2.8 million to the Polk County Board of Supervisors to deposit in the county MHDS fund. In

addition, Broadlawns Medical Center is required to donate $3.5 million worth of services to Polk County

MHDS.

The Bill requests that the Legislative Council authorize a study committee to analyze the viability of the

levy caps in this Bill. The study committee is to meet during the 2018 Legislative Interim and submit a

report to the General Assembly by January 15, 2019.

The Bill requires the Department of Human Services (DHS) to convene a stakeholder workgroup to make

recommendations relating to the delivery of, access to, and coordination and continuity of mental

health, disability, and substance use disorder services. The workgroup is required to submit a report

with recommendations to the Governor and General Assembly by December 15, 2017. In addition, the

Bill requires the regional administrators for the MHDS regions to convene a stakeholder workgroup to

FISCAL UPDATE Article

Fiscal Services Division

April 21, 2017

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create collaborative policies and processes relating to the delivery of, access to, and continuity of

services for individuals with complex mental health, disability, and substance use disorder needs.

Fiscal Impact

Senate File 504 allows counties to levy an additional $2.2 million in FY 2018 and $2.7 million in FY 2019,

which includes the transfer of property tax dollars from Broadlawns Medical Center. Those increases

will be offset by property tax reductions as counties reduce their levies and spend down fund balances.

Due to the three-year time frame counties have to spend down those funds on approved services, the

Legislative Services Agency (LSA) is not able to estimate the dollars that will be dedicated to property tax

reduction.

Maximum MHDS County Levy

FY 2017

SF 504 – Estimate of Maximum Levies

FY 2018 FY 2019 FY 2020

$ 114,649,218 $ 114,596,197 $ 115,078,722 $ 115,573,521

Maximum Broadlawns Transfer 4,000,000 6,300,000 6,300,000 6,300,000

Total $ 118,649,218 $ 120,896,197 $ 121,378,722 $ 121,873,521

FISCAL UPDATE

April 21, 2017 2

With the equalization of levies between counties within regions, 59 counties will be required to reduce

their property tax levies by $8.6 million and 40 counties will be given additional levy authority to

increase their property taxes by $8.6 million. All other increases and decreases in the levy are related to

changes in estimated population for a county. For additional information on specific counties and

regions, see the Attachment A here: https://www.legis.iowa.gov/docs/publications/FN/857403.pdf.

Enactment Date. The Bill was approved by the General Assembly on April 20, 2017.

STAFF CONTACT: Jess Benson (515)281-4611 jess.benson@legis.iowa.gov

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Foreign Disease Fund: Appropriates $100,000 from the General Fund for the creation of a Foreign Animal

Disease Preparedness and Response Strategy and deposits the moneys in the Foreign Animal Disease

Preparedness and Response Fund. The Strategy will be administered by the Department of Agriculture and Land Stewardship (DALS) with input from various livestock organizations. The goal of the Strategy is to develop a practical and cost-effective plan that will be implemented to control and/or eradicate foreign animal diseases.

MAJOR INCREASES/DECREASES/TRANSFERS OF EXISTING PROGRAMS

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Agriculture and Natural Resources Appropriations Bill Senate File 510

An Act relating to and making appropriations and related statutory changes involving state government entities involved with agriculture, natural resources, and environmental protection, and including effective date provisions.

Fiscal Services Division

Legislative Services Agency

NOTES ON BILLS AND AMENDMENTS (NOBA)

Last Action:

Final Action

April 18,

2017

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Available on line at https://www.legis.iowa.gov/publications/information/appropriationBiIlAnalysis LSA Contact: Debra F. Kozel (515)281-6767

Infrastructure Appropriations Bill House File 643

An Act relating to and making appropriations to state departments and agencies from the rebuild Iowa infrastructure fund, the state bond repayment fund, the technology reinvestment fund, and the revenue bonds capitals fund, providing for related matters, and including effective date provisions.

Fiscal Services Division

Legislative Services Agency

NOTES ON BILLS AND AMENDMENTS (NOBA) Available online at httos://www.legis.iowa.gov/publications/information/appropriationBillAnalysis

LSA Contacts: Adam J. Broich (515)281-8223 Michael Guanci (515)725-1286

Last Action:

Final Action

April 19,

2017

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Agriculture and Natural Resources Appropriations Bill Senate File 510

An Act relating to and making appropriations and related statutory changes involving state government entities involved with agriculture, natural resources, and environmental protection, and including effective date provisions.

Fiscal Services Division

Legislative Services Agency

NOTES ON BILLS AND AMENDMENTS (NOBA) Available on line at https:/(www.legis.iowa.gov(publications/.information/appropriationBillAnalysis

LSA Contact: Debra F. Kozel (515)281-6767

PG LN GA:87 SF510 Explanation

Last Action:

Final Action

April 18,

2017

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17 35 fiscal year shall not revert but instead shall remain available

18 1 to be used for the purposes designated until the close of the

182 succeeding fiscal year, or until the project for which the

183 appropriation was made is completed, whichever is earlier.

18 4b. Notwithstanding section 8.33, moneys appropriated for CODE: Allows the unexpended funds

from the EFF appropriations for

185 the fiscal year beginning July 1, 2017, in this division of soil and water conservation practices to

remain available for

18 6 this Act to the department of agriculture and land stewardship expenditure until the close of

FY 2021 or when a specific project is 7 to provide financial assistance for the establishment of

completed.

188 permanent soil and water conservation practices that remain

189 unencumbered or unobligated at the close of the fiscal year

18 10 shall not revert but instead shall remain available for

18 11 expenditure for the purposes

designated until the close of the 18 12

fiscal year beginning July 1, 2020.

18 13 2. Subsection 1 does not apply to moneys transferred CODE: Specifies that the Hungry

Canyons allocation in this Bill is 14 pursuant to this division to the loess hills development and

exempt from the reversion date of FY 2021 . 18 15 conservation fund created in section 161D.2

which shall not 18 16 revert as provided in that section.

18 17 DIVISION VI 18 18 ENVIRONMENT FIRST FUND 18 19 SPECIAL APPROPRIATIONS FOR FY 2017-2018

18 20Sec. 20. WATER QUALITY INITIATIVE — DEPARTMENT OF

Environment First Fund appropriation to the DALS for the Water

18 21AGRICULTURE AND LAND STEWARDSHIP. Quality Initiative (WQI). The NutLle-nLReduQtjm-

Strategy—repon was

18 221. There is appropriated from the environment first fund introduced in November 2012, as a

collaborative effort by the DALS,

18 23 created in section 8.57A to the department of agriculture the DNR, and ISU to assess and reduce

nutrient that flow into Iowa

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18 24 and land stewardship for the fiscal year beginning July 1, waters. The WQI Program was created in

SF 435 (FY 2014 Agriculture

18 25 2017, and ending June 30, 2018, the following amount, or so and Natural Resources

Appropriations Act) to provide funding for 18 26 much thereof as is necessary, to be used for the

purposes watershed practices in high-priority watersheds as designated by the 18 27 designated:

Water Resources Coordinating Council (WRCC).

18 28For deposit in the water quality initiative fund created in

18 29 section 466B.45, for purposes of supporting the water quality DETAIL: This is a new appropriation

from the EFF. The WQI has

18 30 initiative administered by the division of soil conservation received funding from the General Fund

and the Rebuild Iowa

18 31 and water quality as provided in section 466B.42, including Infrastructure Fund. Section 8 of the

Bill appropriates from

18 32 salaries, support, maintenance, and miscellaneous purposes: the General Fund. In addition, HF 643

(Infrastructure Appropriations

18 33 Bill) appropriates $5,200,000 from the Rebuild Iowa

Infrastructure Fund Water Quality

Initiative Fund.

18 34 2. a. The moneys appropriated in subsection 1 shall be Funds will be used to support projects in

high-priority watersheds as 18 35 used to support projects in subwatersheds as designated by the

identified by the WRCC.

1 division that are part of high-

priority watersheds identified 19 2

by the water resources

coordinating council established

19 3 pursuant to section 466B.3.

19 4 b. The moneys appropriated in subsection 1 shall be used to

19 5 support projects in watersheds generally, including regional

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Senate File 501 - Enrolled

Senate File 501

AN ACT

RELATING TO CERTAIN FEES COLLECTED BY THE COUNTY SHERIFF.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

1 Section 1. Section 331.655, subsection 1, paragraphs a, b, 2 c, e, f, g, h, k, l, m, and n, Code 2017,

are amended to read 3 as follows:

4 a. For serving a notice and returning it, for the first

5 person served, fifteen thirty dollars, and each additional

6 person, fifteen thirty dollars except the fee for serving

7 additional persons in the same household shall be ten twenty

8 dollars for each additional service, or if the service of

9 notice cannot be made or several attempts are necessary, the 10 repayment of all necessary

expenses actually incurred by the 11 sheriff while attempting in good faith to serve the notice.

12 b. For each warrant served, twenty thirty-five dollars,

13 and the repayment of necessary expenses incurred in executing

14 the warrant, as sworn to by the sheriff, or if service of the

15 warrant cannot be made, the repayment of all necessary expenses Senate File 501, p. 2

16 actually incurred by the sheriff while attempting in good faith 17 to serve the warrant.

18 c. For serving and returning a subpoena, for each person

19 served, twenty thirty-five dollars, and the necessary expenses 20 incurred while serving

subpoenas in criminal cases or cases 21 relating to hospitalization of persons with mental

illness.

22 e. For summoning a jury to assess the damages to the owners

23 of lands taken for works of internal improvement, and attending

24 them, one two hundred dollars per day, and necessary expenses

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25 incurred. This subsection does not allow a sheriff to make 26 separate charges for different

assessments which can be made by 27 the same jury and completed in one day of ten hours.

28 f. For serving an execution, attachment, order for the 29 delivery of personal property,

injunction, or any order of 30 court, and returning it, fifteen thirty dollars.

31 g. For making and executing a certificate or deed for lands 32 sold on execution, fifty dollars, or

for making and executing a 33 bill of sale for personal property sold, thirty dollars.

34 h. For the time necessarily employed in making an inventory

35 of personal property attached or levied upon, ten twenty 1 dollars per hour.

2 k. For attending setting a sale of property, fifty 3 seventy-five dollars.

4 l. For conveying one or more persons to a state, county, or

5 private institution by order of court or commission, necessary

6 expenses for the sheriff and the person conveyed and fifteen

7 twenty-five dollars per hour for the time necessarily employed

8 in going to and from the institution, the expenses and hourly 9 rate to be charged and

accounted for as fees. If the sheriff 10 needs assistance in taking a person to an institution, the 11

assistance shall be furnished at the expense of the county.

12 m. For serving a warrant for the seizure of intoxicating

13 liquors, five ten dollars; for the removal and custody of the

14 liquor, actual expenses; for the destruction of the liquor

15 under the order of the court, five ten dollars and actual 16 expenses; for posting and leaving

notices in these cases, five 17 ten dollars and actual expenses.

18 n. For posting a notice or advertisement, five ten dollars.

Senate File 501, p. 3

19 Sec. 2. Section 331.655, subsection 1, Code 2017, is amended 20 by adding the following new

paragraph:

21 NEW PARAGRAPH. p. For the necessary time employed in 22 attending the service of a

writ, twenty-five dollars per hour.

______________________________ ______________________________

JACK WHITVER LINDA UPMEYER

President of the Senate Speaker of the House

I hereby certify that this bill originated in the Senate and is known as Senate File 501, Eighty-

seventh General Assembly.

______________________________

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W. CHARLES SMITHSON

Secretary of the Senate

Approved _______________, 2017 ______________________________

TERRY E. BRANSTAD

Governor

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Legislative Newsletter Jan. 13, 2017

87th General Assembly Gavels In

The 87th General Assembly gaveled in Monday. There are several new faces in the

House and Senate in the wake of the 2016 election. Another major change anticipated this

spring is the swearing-in of Lt. Gov. Kim Reynolds as the new Governor of Iowa. Gov. Terry

Branstad has been tapped as the next ambassador to China by President-Elect Donald Trump.

In his final Condition of the State address Tuesday, Branstad outlined his priorities for

2017, primarily: distracted driving, health insurance within collective bargaining, and water

quality.

Notably absent from the Condition of the State was any mention of mental health

funding. Mental health funding continues to be one of our top priorities, and the coalition of

groups pushing for funding reform continues to grow, as are frustrations over a lack of action on

this issue from last year. Conversations have already started in the last week about bills

addressing the funding.

Several prefiled bills have been assigned numbers and could see subcommittee action

as early as next week, including Senate File 21, which addresses distracted driving by making

texting while driving a primary offense (essentially makes the current texting law more

enforceable).

Also of note is Senate File 28, which would abolish the county compensation boards and

give boards of supervisors the responsibility for setting the salaries of elected officials.

As of Friday, no House bills have been filed with the General Assembly. Speaker

Upmeyer indicated their focus would be on the deappropriation bill (cutting $117 million from the

current Fiscal Year that ends June 30, 2017.).

We look forward to working with you again this legislative session. Please do not

hesitate to contact any of the team as questions and concerns arise.

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Legislative Newsletter Jan. 20, 2017

Governor’s Budget Recommendations Released

Budget subcommittees met early in the week to review budget recommendations from

the Governor’s Office. Reductions are expected in many key areas, including Dept. of Human

Services (a reduction of $20.3 million, or just more than 4.5 percent), Medicaid (a reduction of

$13.9 million), and the judicial branch (a reduction of $7.7 million, or roughly 4.3 percent). The

Medicaid cuts are particularly alarming in light of mental health funding not being addressed as

a priority in the Condition of the State.

House Files and House Study Bills were introduced in the last week. One, which was

discussed on Friday’s conference call, would abolish county compensation boards. The UCC

has registered as monitoring on this legislation; as discussed on Friday’s call, this bill isn’t a

one-size-fits-all for all the counties. The UCC does not seem to be leaning in one way or

another on this issue yet, as mental funding and the backfill continue to be the most imperative

issues.

Urban County representatives will be at the capitol Jan. 31 to meet with local senators

and representatives on priorities.

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Legislative Newsletter Jan. 20, 2017

De-appropriation Bill Passes From Senate to House

Activity in the Legislature picked up this week as both the House and Senate rolled out

amended versions of the Governor’s de-appropriations bill. The Governor’s recommendations

are to cut $88.2 million and $25 million in transfers. The Senate passed out Senate File 130

Thursday afternoon before adjournment for the week. The House is expected to take up their

version of the bill, House File 118 as early as Jan. 30.

De-appropriation amended proposals now include stripping 35 million from the

Department of Human Services (22 from non-Medicaid services, 13 from Medicaid services). To

counter these possible cuts, we are proposing to re-submit last session’s SF2236, which gave

local control to the counties to adjust their property taxes to achieve equalization. The House

will offer its own bill, though it's not clear what that proposal will entail.

Urban County representatives will be at the capitol Jan. 31 to meet with local senators

and representatives on priorities, including the backfill, mental health funding, and decat

funding.

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Legislative Newsletter Feb. 3, 2017

Gov. Signs First Bill of the Session

Gov. Branstad signed the first bill of the 87th General Assembly Wednesday, enacting

the de-appropriations bill (Senate File 130). Earlier in the week, the House substituted their bill

for the Senate version, which was adopted on party lines. The signed version includes general

fund de-appropriations of $88.2 million, and transferring of $25.1 million.

The week included some emotional and contentious debates in the Senate chamber.

The Senate approved Senate File 2, commonly known the Planned Parenthood Defunding bill,

along party lines and with Sen. Johnson siding with the Republicans. As part of that legislation,

the State of Iowa would decline federal funds that match the funding the state receives for family

planning and women’s health services. The State will substitute state funds and then seek other

venues to provide women and children’s health services.

The Senate also approved 1.1 percent of allowable growth funding (Senate File 166).

This was a reduction from the Governor’s recommendation of two percent. This bill also was

passed along party lines, with Sen. Johnson siding with the Democrats.

The Urban County Coalition visited with Republican and Democratic leadership at the

Capitol Tuesday to discuss mental health funding concerns, and publishing costs the counties

bear when meeting minutes and resolutions have to be published in local news sources. The

UCC told leadership in the House and Senate they would prefer electronic publication, or at

least would try to compromise on abbreviated versions to reduce publishing costs to the

counties.

The UCC along with other partners in the coalition trying to get the mental health funding

system updated from its 20-year-old limitations continues to work with legislators. There

appears to be full awareness of the emerging crisis in funding mental health in Iowa and thus

far, positive discussions with several legislators in both the Senate and House. Lack of action

will lead to the disintegration of the Mental Health Regions as they hit financial walls as a result

of the lack of flexibility in funding their state-mandated services.

The first funnel is Feb. 10. All individual bill requests must be submitted to the Legislative

Services Agency with a bill sponsor by then. As a reminder, all appropriation and ways and

means bills are funnel-proof. Committee Chairs may also introduce committee bills past funnel

deadlines.

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Legislative Newsletter Feb. 17, 2017

Collective Bargaining Battle Ends

Much of the anticipated work that needed to be done this week was upended by a two-

day battle in both chambers over collective bargaining. The Senate Democrats introduced more

than 40 amendments in an attempt to stall Senate File 213, and debated contentiously and

passionately for more than 30 consecutive hours over collective bargaining. The House also

took two days on House File 291, the companion bill to the senate version. Finally, leaders in

both chambers forced debate to end with a time certain rule Thursday afternoon.

Both bills passed their respective chambers: the Senate along party lines, with Sen.

David Johnson, the lone Independent, siding with the Democrats; in the House, the vote came

down to mostly party lines, with six Republicans voting against HF 291.

Before the collective bargaining battle was taken to the chamber floors, however, there

were some matters taken care of through subcommittee. Senate File 158, the publishing costs

bill, passed a Tuesday subcommittee and will go before the full Senate Local Government

Committee. The bill would strike old language requiring governmental bodies to print notices

and other business in newspapers, and instead permit those governmental bodies to publish

such notices on their own websites.

Senate File 2, better known as the defunding Planned Parenthood bill, passed a House

subcommittee Tuesday and will now go before the full House Human Resources Committee.

Wednesday, Senate File 75 passed subcommittee with amendment and will go before

the Senate Human Resources Committee. The bill pertains to the disclosure of mental health

conditions to law enforcement professionals. Currently, certain parties are prohibited from

disclosing a person’s mental health condition without that person’s consent or as otherwise

permitted under law. SF 75 would allow those disclosures without consent to law enforcement

professionals when it would prevent a serious and imminent threat to the safety of others or the

person. We are currently monitoring the bill.

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Legislative Newsletter March 3, 2017

First Funnel Ends

Funnel week concluded on Friday, March 3. Any bill that is not an appropriations or ways and

means bill, or any bill that is not passed out of its full committee in the originating chamber is dead for the

rest of the session. Between the debate on collective bargaining which took a week, and the flurry of bill

activity during a typical funnel week, the Legislature has been burning the midnight oil in an attempt to

funnel-proof various priorities, many of them a source of contention between the two parties.

The Governor’s Office released this week a budget adjustments bill, which are additional budget

cuts to certain departments and entities. Senate File 130 has the details. A total of $11.5 million is

proposed to be cut, and cuts will impact the Departments of Agriculture, Education, Health and Human

Services, Justice Systems, Economic Development, and Administration and Regulation.

The following priorities have made it through the funnel:

· HSB 169: Workers Comp. Among many changes, this bill would establish a presumption that if

a worker tests positive for drugs or alcohol at the time of an injury that the worker was intoxicated,

and is not eligible for compensation; the worker would have recourse to overcome the

presumption. The bill deems an imposition of liability against an employer does not create a

private cause of action for the worker. This bill passed committee 14-9 and will have a public

hearing Monday. The Senate companion bill, Senate Study Bill 1170 passed its committee 9-6.

· SF 316: Community Supported Living Payments. This bill would require DHS to establish a

home and community based services waiver to reimburse the costs of community supported

living services provided to a person in the home of a family member.

· SF 369: Psych Bed Tracking. This bill directs DHS to require state-run mental health institutions

or hospitals licensed for in-patient psychiatric services participate in a bed tracking system.

· SSB 1133: Mental health commitment exams. This bill would permit mental health professionals

to, in certain voluntary and involuntary commitment situations, conduct commitment exams, treat

patients and prescribe medications if authorized. It would also allow the professional to examine a

patient who appears to have a serious mental illness but does not have a filed commitment

application.

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· Senate Study Bill 1034: Water Quality. This bill appropriates $229 million from the RIIF budget

over 13 years for water quality projects, and creates two programs. This bill also exempts

metered water sales to residential customers from the sales tax and establishes a six percent

excise tax with sunset provisions.

· SSB 1163/HSB 93: Voter ID. Among the many changes, this bill would require voters to submit

a confidential voter ID number from a driver’s license, military, or state-issued ID card. However,

a voter may attest the identity of another voter who lacks ID. A voter may sign a form attesting to

their identity in elections through 2019. The Secretary of State must issue free voter verification

cards dependent on appropriations.

· SF 75: Mental Health Disclosures. This bill would allow a mental health professional to disclose

the mental health status of an individual to law enforcement to prevent a serious and/or imminent

threat on good faith. This bill passed committee 12-0.

· SSB 1145: PLA’s. This bill prohibits state agencies, local governments and other entities from

entering into a Project Labor Agreement or similar agreement with a union. It limits government

requirements that contractors provide any confidential information, as well as other restrictions

that can be placed on bidders. This passed committee 7-4.

· SSB 1082: E911 CHANGES. This bill partly is a technical clean-up and makes financial

allocations. It requires DHS and emergency services to develop a plan to combine the wireline

911 network with the next generation 911 network. This bill does not take away the 60 percent

wireless surcharge to the PSAP’s. This passed committee 11-4.

· HSB 11: COUNTY COMPENSATION BOARDS. This bill abolishes the county compensation

boards, and gives the supervisors the responsibility for setting the salaries of elected officials.

This passed committee 12-8.

· SSB 1138: SITING WIRELESS FACILITIES. This bill prohibits local authorities from restricting

the siting of small wireless facilities. It includes definitions, siting rules, fees, and appeal

procedures. The bill strikes provisions on joint financing of facilities. This passed committee 12-1.

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Legislative Newsletter March 10, 2017

Debate Picks Up in House and Senate

Following the first funnel week, both the House and Senate turned their focuses on floor

work. Public hearings on voter ID (House File 516) and workers’ compensation reforms (House

File 518/Senate File 435) were held early on in the week. The rest of the week included debate.

The House passed HF 516, the gun omnibus bill (House File 517), and the pre-emption

bill (House File 295), all this week. HF 517 pre-empts local laws that currently prohibit firearms

in public buildings, with the exception of the regent institutions. Individuals who have a permit to

carry would be allowed to bring their firearm to the Capitol, but does not allow for open carry. HF

295 pre-empts cities and counties from raising the minimum wage. Democrats offered an

amendment to raise the state minimum wage, which was ruled non-germane. An amendment

that struck provisions of the bill that would restrict civil rights laws from local governments was

passed as part of the overall bill. The UCC is registered against HF 295.

The Senate has previously passed its own voter ID bill, Senate File 474 to the Senate

floor. Procedurally that will allow the Senate to substitute the House version for the Senate

version and send it directly to the Governor following debate.

The workers compensation bills have yet to be debated in the House or the Senate, and

are anticipated to be this next week.

The Senate Ways and Means Committee also passed the fireworks bill out (Senate File

236).

The Capitol also welcomed Iowa’s 99 counties for County Day, as well as the eastern

Iowa corridor. County Day on the Hill ended with the annual Dubuque Night party.

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The second funnel will end March 31. Bills must pass the chamber of origin and a

committee of the opposite chamber, with the exception of Ways, Appropriations, and

Government Oversight bills.

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Legislative Newsletter March 17, 2017

Gun Bill Will See Senate Debate

The Revenue Estimating Conference revised and released estimates Tuesday. Based

on the new downwards estimates, Iowa could face a potential shortfall of $131 million in FY ’17,

and $191 million in FY ’18. The Governor’s Office cited declining commodity prices caused by a

“challenging farm economy,” among other causes. Others, including some legislators, point to

the substantial redirection of state revenue through tax credits and tax cuts for the shortfall,

since the rest of the Iowa economy is doing exceptionally well.

According to recent analysis, the states takes in about $12-$13 billion in annual revenue but

only has about $7.5 billion available for state appropriations. There has been some discussion

for a review of tax credits and House Appropriations Chairman Pat Grassley has introduced a

study bill to do just that. No action has been taken on the bill.

The Governor’s Office has proposed the state dip into its rainy day fund instead of additional

budget cuts.

The week ended with the House passing worker’s compensation (House File 518),

which passed along party lines. Debate lasted several hours Thursday, with one amendment

adopted. The amendment strikes language that would change an employee’s intoxication as a

substantial factor in an injury to the “predominate” factor before preventing an employee from

being compensated for injuries sustained on the job; it also changes “functional disability” to

“functional impairment” in regards to an employee’s compensation base. It also eliminates the

cap on 67 years of age for receiving worker compensation.

In the Senate, the week ended with the Senate Judiciary Committee voting to pass out

the gun omnibus bill (HF 517), after over an hour of discussion and caucusing. Democrats said

they want clarified language about where and when a child may use a firearm, as well as

clarifying the meaning of possessing a firearm as it applies to a child. Democrats also reiterated

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“stand your ground” language was unnecessary, as Iowa Code already contains provisions

regarding situations where a person does not have to retreat before using force.

Other work this week included:

- HF 52: Bailiff Protections. This bill would change language to include persons

used by a county to provide bailiff service under provisions for interference with

official acts. This bill was passed unanimously out of Senate Judiciary and now

goes to the Senate floor.

- SF 454: E-911 Changes. This bill is mostly a technical clean-up, however, it also

provides local emergency management agencies with voting membership on

joint 911 service boards. It also removes the $4 million scoop from last year. It

does not change the 60 percent wireless surcharge return to the public safety

answering points. It also requires the Department of Homeland Security and

emergency management to develop a plan to merge the wireline 911 network

with Next Generation 911 Network. There is an anticipated amendment about

voluntary consolidation. This bill passed subcommittee and now goes the Senate

Appropriations Committee. It is funnel-proof.

- HF 203: Primary Road Fund Spending. This bill allows the State Transportation

Commission to allocate money from the primary road fund for secondary roads in

exchange for retaining a portion of federal road funds that would otherwise be

given to cities and counties. Several amendments were offered that failed,

including an amendment to repeal the collective bargaining bill (non-germane)

and an amendment that would have required the projects funded by this bill to

comply “buy American” provisions. The bill has passed the House and Senate

and now goes to the Governor’s desk.

- SF 452: Deputy Election Auditor. This bill limits the salary of the deputy auditor in

charge of election to 85 percent of the salary of the county auditor. This bill

passed the Senate unanimously and now goes to the House.

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Legislative Newsletter March 24, 2017

Second Funnel Next Week

Both chambers spent the week prioritizing bills for next week’s funnel deadline. To

survive this funnel, bills must have passed their chamber of origin, and a subcommittee and full

committee in the opposite chamber. Floor work picked up, ending with the Senate passing the

House Voter ID bill. Funnel number two is March 31.

In the House, the project labor agreements ban (PLA’s) passed the full Labor Committee

and has been referred to House Appropriations to be made funnel-proof. Senate File 438 would

ban state agencies, local governments, and other entities from entering into a PLA with a union.

In the Senate:

The state government committee passed the pre-emption bill after a very

contentious subcommittee and committee meeting. Republicans said House File 295

was not a minimum wage bill, despite prohibiting local governments from enacting

minimum wage laws or setting higher standards for consumer merchandise. The goal,

they said, was to create uniformity in the state and an intention to set the state minimum

wage. Counties and cities dispute this bill, believing such matters are local control issues

for them to set based on the needs of their populations. We are against this bill.

A Senate Ways & Means subcommittee passed Senate Study Bill 1052, which

would raise various fees collected by county sheriffs, including fees to serve notice.

Finally, the Senate passed the fireworks bill, Senate File 489, though it did not

come without a heated debate between the parties, which included more than 20

amendments by Democrats. The bill would legalize the sale of fireworks in Iowa, with an

opt-out measure for counties and cities to permit the use of fireworks within their

jurisdictions. It also includes a provision limiting the time and days during the year

consumer fireworks may be detonated. The bill now goes to the House, where a

subcommittee in the House Ways & Means Committee has been already assigned.

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Legislative Newsletter March 31, 2017

Second Funnel Passes; Budget Bills Next Up

The second funnel of this legislative session was March 31. This means lawmakers will

start focusing on budget targets and wrapping things up in the coming weeks, as committee

work is over, except for Ways & Means and Appropriations. We are not sure when the

chambers will adjourn for the year, though the Legislature seems eager to aim for just after the

Easter Weekend as an end date.

The mental health funding formula bill was released last Monday. Senate Study Bill

1187. This is a funnel-proof Ways & Means bill. A snapshot view:

The statewide $114 million cap will stay the same and not be lifted. However, the

bill removes the county levy caps and creates a regional cap. This effectively allows for

levy authority to be distributed as a region needs. The bill gives, in essence, a five-year

sunset provision for a workgroup to review. The growth factor in the first two fiscal years

is one percent each, followed by two percent for the two subsequent fiscal years after

that. Finally, the bill requires counties raising their levy 30 days from the bill’s enactment

to recertify their budgets (but not if levies stay the same or are lowered).

The Governor also signed some bills before the funnel ended, including the controversial

workers compensation (House File 518) and pre-emption (House File 295). We have been

against the latter, as the matter of minimum wage should be one of local control for counties to

determine based on the needs of its populations.

The following bills have made it out of funnel:

- House File 517: Gun omnibus bill. This is currently awaiting debate in the

Senate.

- Senate File 431: Wireless siting facilities. Amendments are expected on

this bill when it comes to the House floor in the coming weeks.

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- House Joint Resolution 1: Search of electronic communications. This

unanimously passed the Senate Judiciary Committee and is debate

eligible.

- Senate File 489: Fireworks. This was voted out of House Ways & Means

last week and is debate eligible in the House.

- Senate File 2: Planned Parenthood. This bill has been in the House

awaiting action, however, it is likely to be dealt with in a budget bill as

opposed to a policy bill.

- Senate File 438: PLA’s. This bill has cleared the House Labor Committee

and is debate eligible in the House chamber.

- House File 234: Court reports and mental health advocates. This bill is

debate eligible in the Senate, after clearing the Senate Human Resources

committee.

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Legislative Newsletter April 7, 2017

Budget Targets Released

Joint budget targets were released this week, signaling the end of session. Committee

work is done, with the exception of Ways & Means and Appropriations, both of which remain on

call until final adjournment. The agreed upon plan would spend $7.2 billion.

● Administration and Regulation: $47.39 million

● Agriculture and Natural Resources: $38.84 million

● Economic Development: $38.41 million

● Education: $908 million

● Health and Human Services: $1.7 billion

● Justice Systems: $735 million

● Standings Bill: $3.7 billion

Total: $7.2 billion

The gun bill (House File 517) is on the Governor’s desk, after passing the House

Wednesday along party lines. The bill preempts cities and counties from enacting and enforcing

their own ordinances to create gun-free zones in public buildings (state universities are

exempted from this provision). It further allows members of the public who are permit holders to

carry their handguns in the Iowa State Capitol. What isn’t clear is whether permit holders will

have to go through metal detectors when entering the capitol and other public buildings.

The Senate also advanced their mental health levy bill out of the full Ways & Means

Committee to close out the week. Senate As we discussed last week, Study Bill 1187 eliminates

individual county caps and creates regional caps, with the intention that the region can decide

how to apportion funds based on county-by-county. The bill gives three years to spend reserves

or buy down to the 25 percent rate. Growth factors of one percent for the first two fiscal years

and two percent for the next fiscal years, with a sunset provision at year five is provided for. A

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legislative review committee is established at year five. If a levy is raised, counties have 30

days to recertify its budget. We are awaiting an amendment that fixes shortfalls in Scott County.

The House also produced its own version of mental health levies this week (House

Study Bill 194). Where the spend down of the reserves is three years in the Senate version, the

House bill requires it be done in one year. We have expressed to lawmakers that this is not

sound policy: regions would be forced to levy to zero and then crank their levies all the way

back up the next year in order to make that work. The bill also differs in that it reduces the cap

on funds from 25 to 20 percent.

The Senate Ways & Committee will also bring the E911 Consolidation bill to the Senate

floor for debate (Senate File 500. NOTE: This is formerly Senate File 454). This bill does some

technical clean up with E911 references – including removing last year’s $4 million scoop - but it

also allows the 911 grant manager to disburse grants to 911 service boards, and allows the

Department of Public Safety to develop a geographic information system. It finally requires

DHS/EM to develop a plan for combining the wireline 911 network with the Next Generation 911

network.

The following bills were passed by the House:

Senate File 438: PLA ban. Now goes to the Governor.

The following bills were passed by the Senate:

House File 467: State communications. Now goes to the Governor.

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