Capitol Notebook: Iowa bill would give judges discretion on restitution

DES MOINES — Judges would be granted some discretion over whether a victim must pay restitution under state legislation that has bipartisan support and was inspired by a recent case in Iowa.

The proposal was inspired by the November 2022 case involving a Des Moines woman and sex trafficking victim who killed the man she said had repeatedly raped her. Because of state law, the woman was ordered to pay restitution to the man’s estate.

Under Senate Study Bill 1069, judges would be allowed to consider any criminal offenses committed by the victim against the offender before requiring the offender to pay restitution.

County attorneys and other advocates largely expressed support for the proposal during a legislative hearing Thursday at the Iowa Capitol, while noting it may need tweaking in order to narrow its scope and avoid unintended consequences.

No lobbying group as of Thursday was registered in opposition to the proposal, according to state lobbying records.

“Generally speaking, I think the bill is a great idea. Providing discretion to courts is a good idea, generally,” Marion County Attorney Ed Bull said. “Our only concern is how structurally and procedurally would this work.”

Sens. Brad Zaun, R-Urbandale, and Nate Boulton, D-Des Moines, said they worked on the legislation together. Zaun chairs the Senate’s Judiciary Committee, and Boulton is a lawyer.

“What our intention was, was to solve that particular situation,” Zaun said, referring to the case involving the Des Moines woman. “I thought it was a worthy conversation, and I want to keep this going.”

Zaun said he is willing to make changes to the legislation to advance it out of committee for consideration by the full Senate.

More LGBTQ bills considered

LGBTQ Iowans and advocates again lobbied state lawmakers during a Thursday subcommittee hearing to stop a bill they say harms LGBTQ students and school staff.

The bill, Senate File 159, combines some key provisions of other bills floating through the Legislature this year, including a prohibition on instruction related to gender identity and sexual orientation, as well as requiring school employees to notify parents if there is a perceived change in a student’s “mental health or well-being, emotional health or well-being, physical health or well-being,” or the district changes services provided to the student.

It passed out of a subcommittee, 2-1, with Republicans in support.

Supporters of the bill said it would give parents more control over what their child learns about gender and sexuality and give parents more information about their child’s well-being. They argued schools are including instruction related to gender identity and sexual orientation that is not age-appropriate.

But opponents of the bill said it erases LGBTQ identities and argued students benefit from being introduced to diverse groups and communities.

Gov. Kim Reynolds introduced a similar bill on Thursday, Senate Study Bill 1145. The bill includes a prohibition on instruction related to gender identity and sexual activity in kindergarten through grade three; requires schools to notify parents if a student’s gender identity changes; and restricts books available in school libraries, among other things.

Property tax rollback fix

Lawmakers continued to advance a proposal to fix a state error that has left property taxpayers on the hook for higher bills than expected but will likely leave local governments short millions in expected revenue.

The House Ways and Means Committee this week advanced Senate File 181, making it eligible for debate on the House floor. The bill passed out of committee Wednesday night on a party-line vote with Democrats opposed.

Subcommittee member Rep. David Jacoby, D-Coralville, introduced an amendment voted down by majority Republicans to use $127 million from the state’s more than $1 billion taxpayer relief fund to temporarily make cities, counties and other local taxing entities whole.

A similar amendment to replace the property tax revenue local governments would lose failed on a largely party-line vote last week in the Senate.

Iowa’s cities, counties and community colleges have urged lawmakers to delay for a year changing the residential property tax rollback rate to allow local governments more time to plan for reduced revenues while avoiding cuts to public safety and other essential services in the coming fiscal year.

Committee chairman Rep. Bobby Kaufmann, R-Wilton, said a delay would equate to higher property tax bills for Iowa homeowners and that “time is of the essence” to correct the error.

Cities and counties are required to have their budgets approved and certified to the state and county auditor by March 31. The bill would extend that deadline a month to April 30.

Judicial nominating changes

Senate Republicans approved a proposal to remove judges from District Court Judicial Nominating Commissions and give the governor a sixth appointee to the 11-member panels.

Currently, the most tenured judge in the district serves on the commission as chair.

Only majority Republicans voted to approve Senate File 171. The bill has not yet been considered in the House.

Opponents of the legislation say judges bring important perspective and expertise to the process of nominating new judges to openings in Iowa’s court system. Supporters of the bill say the judges can have an outsized influence over the process.

Last year, Republican legislators approved a similar change that kept the judge on the commissions. Gov. Kim Reynolds vetoed that provision, saying it still left too much influence in the judge’s hands.