February28,2019 HOUSECLIPSHEET ClipSheetSummary .

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EIGHTY-EIGHTH GENERAL ASSEMBLY2019 REGULAR SESSIONDAILYHOUSE CLIP SHEETFebruary 28, 2019Clip Sheet SummaryDisplays all amendments, fiscal notes, and conference committee reportsfor previous day.BillAmendmentActionHF 179 . H-1004 . FiledSponsorCOMMITTEEON NATURALRESOURCES,et alFiscal NotesHF 439 — Zero-Based Budget, 10-Year Intervals (LSB2159YH)HF 482 — Motor Vehicle Enforcement Officers (LSB1476HV)HF 534 — Female Genital Mutilation Ban (LSB1171HV)

HOUSE FILE 26272829303132333435Amend House File 179 as follows:1. Page 1, by striking lines 7 through 31 and inserting: Sec. . Section 481A.48, subsections 5 and 6, Code 2019,are amended to read as follows:5. The commission shall establish one or more pistolor revolver seasons for hunting deer as separate firearmseasons or to coincide with one or more other firearm deerhunting seasons. Any pistol or revolver firing a magnumthree hundred fifty-seven thousandths of one inch caliber orlarger, centerfire, straight wall ammunition propelling anexpanding-type bullet with a barrel length of at least fourinches and firing straight wall or other centerfire ammunitionpropelling an expanding-type bullet with a maximum diameter ofno less than three hundred fifty thousandths of one inch andno larger than five hundred thousandths of one inch and witha published or calculated muzzle energy of five hundred footpounds or higher is legal for hunting deer during the pistol orrevolver seasons. The commission shall adopt rules to allowblack powder pistols or revolvers for hunting deer. The rulesshall not allow pistols or revolvers with shoulder stock orlong-barrel modifications. The barrel length of a pistol orrevolver used for deer hunting shall be at least four inches.The rules may limit types of ammunition projectiles. A personwho is sixteen twenty years of age or less shall not hunt deerwith a pistol or revolver unless that person is accompanied andunder direct supervision throughout the hunt by a responsibleperson with a valid hunting license who is at least twenty-oneyears of age, with the consent of a parent, guardian, or spousewho is at least twenty-one years of age, pursuant to section724.22, subsection 5. A person possessing a prohibited pistolor revolver while hunting deer commits a scheduled violationunder section 805.8B, subsection 3, paragraph “h”, subparagraph(5).6. The commission shall adopt rules pursuant to chapter 17Aallowing the use of straight wall cartridge rifles to hunt deerH-1004-1-

H-1004 25as follows:a. A straight wall cartridge rifle may be used to hunt deerduring youth and disabled deer hunting season and first andsecond shotgun deer hunting seasons by a person who has a validdeer hunting license and is otherwise qualified to hunt.b. A straight wall cartridge rifle that is allowed pursuantto this subsection shall be of the same caliber and use thesame straight wall ammunition as is allowed for use in a pistolor revolver for hunting deer as provided in subsection 5.In addition, the commission shall provide, by rule, for theuse of straight wall ammunition under this subsection thatmeets ballistics specifications similar to the requirementsfor straight wall ammunition allowed for use in a pistol orrevolver for hunting deer as provided in subsection 5.c. A person possessing a prohibited rifle while hunting deercommits a scheduled violation under section 805.8B, subsection3, paragraph “h”, subparagraph (6). In addition, the huntingprivileges of a person convicted of possessing a prohibitedrifle while hunting deer shall be suspended for two years. 2. Page 1, by striking lines 22 and 23 and inserting ammunition. A person who is sixteen twenty years of age orless shall not may hunt deer with a pistol or revolver as longas that person has completed a hunter education course pursuantto section 483A.27 and the 3. By renumbering as necessary.By COMMITTEE ON NATURAL RESOURCESBACON of Story, ChairpersonH-1004 FILED FEBRUARY 28, 2019H-1004-2-

Fiscal NoteFiscal Services DivisionHF 439 – Zero-Based Budget, 10-Year Intervals (LSB2159YH)Analyst: David Reynolds (515.281.6934) dave.reynolds@legis.iowa.govFiscal Note Version – NewDescriptionHouse File 439 requires Executive Branch agencies to utilize a zero-base budget process onceevery 10 years for the fiscal year beginning July 1, 2024 (FY 2025). The Bill requires Stateagencies to provide sufficient supporting data and explanations to justify each expenditure asthough it were a new expenditure. The Bill also requires State agencies to prioritizeexpenditures and provide performance measures to evaluate the effectiveness of any program.BackgroundZero-base budgeting is a concept designed to identify, prioritize, and control expenditures ofprograms, and to measure the effectiveness of funding those programs. Under a zero-basebudgeting process, every budget cycle begins with the assumption that all programs or activitiesfunded in the prior budget must be reevaluated and justified for funding under the new budget.Iowa Code section 8.23 requires State agencies to submit annual budget requests for the nextfiscal year using a 75.0% base, which equates to 75.0% of the current year budget. Theremaining 25.0% of the budget request, plus any increase, is justified using individual decisionpackages. Since FY 2009, the budget requirements in Iowa Code section 8.23 have beenannually suspended through session law, and the budget requests of State agencies have beenbased on 100.0% of the current year budget with adjustments made by departments to arrive attheir budget requests for the next fiscal year.Assumptions The Bill will require the Department of Management (DOM) to develop new trainingprocedures for departments using a zero-base approach to enable the departments tosubmit the FY 2025 budget requests by October 1, 2023. The DOM estimates that thistraining can be accomplished within DOM’s current budget. No new programming will be required for the I-3 Budget System, as the base budget that isused in the current System will be zero and instances in the System will be used to build thebudget requests from zero.Fiscal ImpactThe fiscal impact of HF 439 cannot be determined at this time. The new zero-base budgetapproach will require additional work on behalf of State agencies to identify and associateexpenditure classes to programs and activities at a level that is sufficient to meet therequirements of a zero-base budget. Agencies with more complex and varied programs (i.e.,Department of Human Services) will require more work to develop a zero-base budget, whileother agencies will require less work.

SourcesDepartment of ManagementLegislative Services Agency/s/ Holly M. LyonsFebruary 27, 2019The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used indeveloping this fiscal note is available from the Fiscal Services Division of the Legislative ServicesAgency upon request.

Fiscal NoteFiscal Services DivisionHF 482 – Motor Vehicle Enforcement Officers (LSB1476HV)Analyst: Adam Broich (515.281.8223) adam.broich@legis.iowa.govRodrigo Acevedo (515.281.6764) rodrigo.acevedo@legis.iowa.govFiscal Note Version – NewDescriptionHouse File 482 extends the authorization of Motor Vehicle Enforcement (MVE) Officersemployed by the Department of Transportation (DOT) to perform duties outlined in Iowa Codesection 321.477. The current authorization sunsets on July 1, 2019. The Bill allows thefollowing duties, which the DOT is currently performing, to continue until July 1, 2022: Employees designated as peace officers by the DOT may “enforce all laws of the stateincluding but not limited to the rules and regulations of the department.” “Employees designated as peace officers pursuant to section 321.477 shall have the samepowers conferred by law on peace officers for the enforcement of all laws of this state andthe apprehension of violators.” MVE officers may operate within the limits of a city under certain circumstances. MVE officers must spend the preponderance of their time enforcing the State and federalcommercial motor vehicle laws and regulations. The Department is required to provide a report to the General Assembly by December 1each year that describes the nature and scope of enforcement activities during the priorfiscal year.BackgroundIn 2017, the General Assembly passed the Motor Vehicle Regulation and Enforcement Act thatspecified the powers, duties, and limitations of the MVE officers and granted authority to theDOT to perform these duties for one year (2017 Iowa Acts, ch. 149). In 2018, the GeneralAssembly extended the authorization to perform these duties until July 1, 2019. The sunset onJuly 1, 2019, will return law enforcement duties in Iowa Code section 321.477 to thoseauthorized prior to July 1, 2017.In 2018, the Iowa Supreme Court ruled that prior to July 1, 2017, MVE officers did not have theauthority to issue traffic citations “unrelated to operating authority, registration, size, weight, andload” (opinion). This ruling, in conjunction with the sunset, means that the DOT will only be ableto conduct enforcement activities related to “operating authority, registration, size, weight, andload” after July 1, 2019. MVE officers would still be able to conduct other enforcement activitiesif authorized to do so by another statute, such as Iowa Code section 321.380 for school busviolations and Iowa Code section 321J.2 for operating-while-intoxicated violations.A total of 21,100 convictions for scheduled traffic violations in FY 2018 were due to citationsissued by MVE officers. Scheduled traffic convictions issued by the DOT include a wide rangeof violations. The majority of the citations were issued to vehicles that require commercialdriver’s licenses. A few examples of convictions include but are not limited to scheduled trafficviolations including weight violations, speeding, CMV safety regulations, and operating withoutinsurance and registration. The Legislative Services Agency (LSA) is unable to determinewhich of these scheduled traffic violations the DOT will be able to enforce after July 1, 2019, ifthe current language in Iowa Code section 321.477 sunsets.

Additionally, actions of MVE officers resulted in 500 convictions for various crimes in FY 2018.Examples include operating while under the influence, possession of drug paraphernalia, andpossession of controlled substances. These arrests may have occurred after a routine trafficstop that MVE officers may not be able to conduct after the current sunset. It is not possible todetermine the circumstances of these arrests. The LSA cannot determine what violations theDOT may have authority to enforce after July 1, 2019, and if the loss of this authority will reducethe ability of MVE officers to enforce Iowa Code section 321J.2 or 321.380.The costs for MVE officers and enforcement activities are funded by appropriations from theRoad Use Tax Fund to the Highway Division of the DOT. The Department also receivesreimbursements for approved commercial enforcement activities under the Motor Carrier SafetyAssistance Program (MCSAP). In FFY 2017, Iowa was eligible to receive a total of 4.3 millionin MCSAP reimbursements. Approximately 1.5 million of the total federal funds was allocatedto the Department of Public Safety (DPS).Fines associated with each scheduled traffic citation vary. There is an estimated court cost of 60 per violation. A criminal penalty surcharge is applied to the scheduled fine. Ninety-fivepercent of the surcharge goes to the State. Of the State’s share, 83.0% goes to the GeneralFund and 17.0% to the Victim Compensation Fund. The remaining 5.0% of the surcharge goesto the local city or county where the infraction occurred.Fiscal ImpactHouse File 482 will allow the DOT to continue law enforcement activities as conducted inFY 2018 and FY 2019. By extending authorized duties through FY 2022, the Bill avoids apotential reduction in General Fund revenue from fines due to the sunset of the authoritydesignated in Iowa Code section 321.477. However, the number of convictions that will beissued in FY 2020 and FY 2021 that would not have been issued if authority sunsets isunknown. Extending authorized duties through FY 2022 may avoid a reduction in FederalMCSAP funding. The extent that MCSAP funding may be reduced if Iowa Codesection 321.477 sunset is unknown.SourcesCriminal and Juvenile Justice Planning Division, Department of Human RightsIowa Department of TransportationLegislative Services Agency/s/ Holly M. LyonsFebruary 27, 2019The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used indeveloping this fiscal note is available from the Fiscal Services Division of the Legislative ServicesAgency upon request.

Fiscal NoteFiscal Services DivisionHF 534 – Female Genital Mutilation Ban (LSB1171HV)Analyst: Laura Book (515.205.9275) laura.book@legis.iowa.govFiscal Note Version – NewDescriptionHouse File 534 creates the criminal offense of female genital mutilation and provides penalties.The Bill provides that a person who knowingly commits female genital mutilation on a minor asdescribed in Iowa Code section 708.16 commits an aggravated misdemeanor. In addition, aperson who knowingly transports a minor outside of this State for the purpose of performing asurgical procedure that would be in violation of the Bill if the conduct occurred in this State,commits an aggravated misdemeanor.BackgroundAn aggravated misdemeanor is punishable by confinement for no more than two years and afine of at least 625 but not more than 6,250. Currently, a person who has control over a childor a minor and commits the act of female genital mutilation may be in violation of Iowa Codesection 726.6 (Child Endangerment), with a penalty ranging from an aggravated misdemeanorto a Class B felony depending on the severity of the offense.Assumptions The following will not change over the projection period: charge, conviction, and sentencingpatterns and trends; prisoner length of stay; revocation rates; plea bargaining; and othercriminal justice system policies and practices. A lag effect of six months is assumed from the effective date of this Bill to the date of firstentry of affected offenders into the correctional system. Marginal costs for county jails cannot be estimated due to a lack of data. For purposes ofthis analysis, the marginal cost for county jails is assumed to be 50 per day.Correctional ImpactThe correctional impact of HF 534 cannot be determined. The Bill establishes a new offense,and the number of convictions cannot be estimated.Table 1 below shows estimates for sentencing to State prison, parole, probation, or CommunityBased Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions;and supervision marginal costs per day for all convictions of aggravated misdemeanors. Referto the Legislative Services Agency (LSA) memo addressed to the General Assembly, CostEstimates Used for Correctional Impact Statements, dated January 8, 2019, for informationrelated to the correctional system.Table 1 — Sentencing Estimates and LOSFY 18FY 18FY 18Avg Length FY 18Avg LengthFY 18FY 18 Avg Lengthof Stay Marginalof StayAvgMarginalof StayPrison Cost/Day Percent to Probation Cost/Day Percent Cost/Day ParoleConvictionPercentCBC(months)Offense Class to Prison (months) Prison Probation (months) Probation to CBCAggravatedMisdemeanor(Persons)46.0%8.5 18.4371.0%20.2 5.385.0% 11.854.8FY 18MarginalCost/DayParole 5.38PercenttoCounty MarginalJail Cost/Day53.0% 50.00

Minority ImpactThe minority impact of HF 534 is unknown. Refer to the LSA memo addressed to the GeneralAssembly, Minority Impact Statement, dated January 7, 2019, for information related tominorities in the criminal justice system.Fiscal ImpactHouse File 534 establishes a new criminal offense, and the resulting cost to the Justice Systemcannot be estimated. The average State cost for one aggravated misdemeanor convictionranges from 4,700 to 7,500. This estimate includes operating costs incurred by the JudicialBranch, the State Public Defender, and the Department of Corrections for one conviction. Thecost would be incurred across multiple fiscal years for prison and parole supervision.SourcesCriminal and Juvenile Justice Planning Division, Department of Human Rights/s/ Holly M. LyonsFebruary 27, 2019The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used indeveloping this fiscal note is available from the Fiscal Services Division of the Legislative ServicesAgency upon request.

19 black powder pistols or revolvers for hunting deer. . 35 allowing the use of straight wall cartridge rifles to hunt deer H-1004-1-H-1004 (Continued) . A straight wall cartridge rifle may be used to hunt deer 3 during youth and disabled deer hunting season and first and 4 second shotgun deer hunting seasons by a person who has a valid 5 .

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