Capitol Notebook: Iowa Senate, House Republicans split over changes to judicial selection

A proposal to give the Iowa governor more power over district judge appointments is not likely to find support in the Iowa House, said one key lawmaker overseeing the judicial budget process.

A proposal in Senate Republicans’ judicial systems budget — Senate Study Bill 3203 — would remove the most senior judge from each of the state's 14 District Judicial Nominating Commissions. The governor could appoint an additional member, meaning the governor could appoint a majority of the 11 members on each commission.

District Judicial Nominating Commissions are 11-member boards in each of Iowa’s 14 judicial districts that submit nominees to the governor to fill judicial vacancies. Currently, the commissions include five members appointed by the governor, five members elected by lawyers in the district and the longest-serving judge in the district, who is also the chair of the commission.

Lawmakers made similar changes at the state level in 2019, allowing the governor to appoint a majority of the members on the commission selecting judges for the Iowa Supreme Court and the state appellate court.

Republicans passed the bill Monday out of the Senate Appropriations Committee, making it eligible for floor vote. Democrats voted against it.

But in the House, where lawmakers have yet to file a bill funding the judicial system, the proposal is a “nonstarter,” said Rep. Brian Lohse, R-Bondurant, the chair of the House’s Justice Systems Appropriations Subcommittee. He said the majority House Republicans are not likely to support the policy.

“That should not be in that budget, and I am not supportive of that,” Lohse said. “I do not believe there’s enough support for that in the House at all.”

Democrats opposed the plan in committee, saying it would tip the balance of the commissions to the executive branch and removes a judge's expertise.

Sen. Julian Garrett, R-Indianola, said he does not want to pass a budget bill without the policy changes. He said judges could exert influence over the commission because the other members are practicing lawyers in the judge’s district.

“You may be hard-pressed to disagree with the judge when you’re selecting new judge applicants for the governor to consider,” he said.

Senate advances film tax rebate program

Iowa lawmakers are one step closer to reviving a long-defunct program giving tax incentives to studios that produce films in Iowa. The legislation passed its first hurdle Monday in the Senate.

A Senate subcommittee advanced House File 2662, which the House passed last month, moving it on to the full Appropriations Committee.

Film studios would be able to claim up to a 30 percent tax rebate for qualified expenses under the bill. It would create a $10 million pilot program for the first year and require more legislative action to make it permanent.

A similar program existed from 2007 to 2009, but it ended after it was found that millions of dollars in tax rebates were improperly issued. Lawmakers said they were confident this program would have better oversight.

Allowing local funding for religious charities signed into law

Counties and townships may devote money to religious organizations for public services under a bill signed into law by Gov. Kim Reynolds.

The law allows church-managed organizations to receive public money if it is for a project, according to the text, “that benefits the public and does not require any religious or secular services, educational programs, or participation requirements.” Supporters have said such services could include food pantries, homeless shelters and child care.

The bill, House File 2264, received widespread support in the Iowa Legislature, passing the House 94-2 and the Senate 38-10.

Bill requires 'grooming behavior' by teachers be reported

A bill that would require school districts to report to state officials if a licensed employee is disciplined for grooming or abusing a student is headed to Gov. Kim Reynolds’ desk.

Current law requires that districts must report to the state Board of Educational Examiners — the state’s educator licensing body — if a teacher or other license holder is disciplined for conduct that constitutes “soliciting, encouraging or consummating” a sexual or inappropriate relationship with a student.

House File 2487 would add “grooming behavior” and “abusing a student” to the list of actions that must be reported to the board if an employee is disciplined. Grooming behavior is defined in the bill as “any behavior, which in light of all relevant circumstances,” is meant to “entice or entrap a student or students with the intent to … engage in a sex act.”

It defines “inappropriate relationship” as a sexual relationship, or one in which sexual harassment or physical or sexual abuse occurs, or is otherwise “not in compliance with generally accepted educational practices.”

The House concurred with a Senate amendment removing and replacing reference to a “romantic relationship” with a “sexual relationship.”

If the Board of Educational Examiners has evidence that a school staff member committed a crime, the board would need to report it to authorities. It also removes a three-year limitation on investigating a complaint if it falls under the “grooming behavior” definition.

The amended bill Monday passed the House unanimously. It now heads to Reynolds.