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Many new laws are now in effect (as of July 11st) in Iowa

News

July 1st, 2024 by Ric Hanson

(Des Moines, Iowa) [Iowa Capital Dispatch] – Dozens of the laws passed during the 2024 legislative session are now in effect 9As of July 1st), including measures cutting state boards and commissions, limiting the potency of consumable hemp products and setting new education policies for public K-12 schools. During the 2024 legislative session, the Republican-controlled Legislature passed more than 180 bills on subjects from tax cuts to K-12 education policy to health care. July 1, the beginning of the fiscal year, is the date most laws signed by Gov. Kim Reynolds this year are set to take effect – though other start dates can be specified in legislation.

One law passed during the 2024 session to make “illegal reentry” a state crime in Iowa was set to take effect Monday, but will not begin enforcement. U.S. District Judge Stephen Locher issued to a preliminary injunction on the law in a case brought forward by the U.S. Department of Justice and a coalition of civil rights groups. Iowa Attorney General Brenna Bird has appealed the decision, aiming to allow enforcement of the law. If it takes effect, it would allow state law enforcement officials the ability to charge undocumented immigrants with an aggravated misdemeanor if they have been previously deported, denied admission or removed from the U.S., and allowing judges to order the deportation of parties found guilty.

Here’s a rundown of some of the laws passed during the 2024 legislative session also begin July 1st:

Area Education Agencies, teacher pay

House File 2612 makes changes to Iowa Area Education Agencies and raise teacher pay. One of the highest profile measures passed during the 2024 session, the bill was signed into law by Reynolds in March. In the upcoming 2024-2025 school year, Iowa AEAs – the regional agencies providing special education and other support services to Iowa schools – will retain the total of school districts’ special education funding. However, only 40% of funding for general education and media services will go to AEAs for the upcoming year, with 60% kept by school districts for their discretionary use. The money can be spent with AEAs, other providers, or used for other general fund purposes .

In its second year of implementation, 90% of special education funding will go to AEAs, while 10% will stay at school districts, and all general education and media services will go directly to school districts. The teacher salary increase will also be implemented over the course of two years. This year, teacher starting salaries are increasing to $47,500, and teachers who have been working for 12 years will have a minimum salary of $60,000. In the 2025-2026 school year, the minimum starting salary for teachers will increase to $50,000, and the minimum for experience teachers will rise to $62,000.

Boards and commissions

Dozens of state boards and commissions have been cut or consolidated in a new Iowa law. Senate File 2385 eliminates 68 of the currently existing 256 boards and commissions, in addition to merging nine boards into three new bodies. The measure also makes changes to the powers and composition of multiple state boards and commissions, including turning the Iowa Civil Rights Commission into an advisory panel. The law also sets new standards for boards and commissions, like requiring panels to offer virtual, remote and hybrid options for public participation.

Consumable hemp products

Iowa now has new limits on hemp-derived consumable products that contain tetrahydrocannabinol (THC). House File 2605 creates a limit of 4 milligrams of THC per serving for consumable hemp products like drinks or gummies, and a 10 mg THC limit per container. The bill also requires manufacturers include warning labels on such products, sets an age limit of 21 for purchases, in addition to adding new rules and penalties related to the sale, manufacturing and possession of hemp-derived consumables. While the law went into effective on July 1st, eight companies suing the state over the law say they are being put in a “regulatory limbo” as rules on the law are not expected to be finalized until July 17 at the earliest. The plaintiffs, sellers of hemp products, are asking for an immediate stay of enforcement on the law, in addition to asking the court to issue a restraining order and injunction barring enforcement.

Another lawsuit, filed by Climbing Kites and Field Day Brewing Co., Iowa producers of drinks that contain CBD, is also seeking to prevent the Iowa Department of Health and Human Services from enforcing the new THC limits. A judge denied a preliminary injunction Friday.

Traffic cameras

Local governments are now required to gain permission from the Iowa Department of Transportation before implementing automatic traffic enforcement (ATE) systems, like traffic cameras. Under House File 2681, Iowa counties and cities must submit explanations to the DOT about why a traffic camera is needed at a specific location, including information about the number and severity of accidents, driving speeds and other potential public safety issues at the site. The law also sets new guidelines around communities’ use of ATE systems. Speeding tickets can only be issued for violations caught using traffic cameras if the drivers are more than 10 miles per hour above the speed limit, and warning signs are required to be posted 500 and 1,000 feet before a camera. Additionally, the law prohibits localities with fewer than 20,000 residents using mobile traffic camera technologies to issue tickets. Local governments are required to use funds collected from traffic cameras on transportation infrastructure improvements, as well as local  police and fire departments’ operational costs.

Fake meat and egg product labeling

Lab-grown or plant-based meat alternatives must include words like fake, imitation or vegetarian if they are being sold as traditional meat products. Mislabeling products can result in fines of up to $10,000 for food processors through Senate File 2391. The law makes similar requirements for “fabricated egg products.”

Foreign agricultural land ownership

Foreign landowners in Iowa now have new reporting requirements and face higher penalties for violations of reporting requirements under Senate File 2204. The law requires foreign landowners provide details to the state about land owned in other states greater than 250 acres. It also raises fines for foreign landowners up to $10,000 for failing to report holdings every two years, and up to 25% of a property’s value per violation for failure to disclose leases or purchases of farmland by foreign entities. The Iowa Secretary of State is required to submit a report of foreign landholdings to state leaders each year.

Local storm water and topsoil regulations

Iowa local governments cannot impose stormwater and top soil regulations that are more restrictive than federal and state guidelines unless they pay for any increased costs of development caused by the policies. Senate File 455 requires that local regulations on topsoil preservation, compaction, placement or depth be the same or less restrictive than requirements set by the Department of Natural Resources and the National Pollutant Discharge Elimination System. Stormwater runoff regulations must be at or below those based on flow rates calculated using return frequencies of five years. If localities choose to adopt higher standards, the local governments are required to pay property owners and developers for the difference in cost caused by implementing the regulation.

AI-generated pornography

House File 2240 and Senate File 2243 establish criminal charges for using artificial intelligence technologies to create images and videos depicting a person engaged in a sexual act, a simulacrum of a sexual act, and in full or partial nudity. The laws focus on media that shows the “visual depiction” of an individual, recognizable through their face, distinguishing features or likeness, engaged in sexual activities. Creation of AI-generated pornography or other obscene material depicting an adult can be charged as an aggravated misdemeanor, and depiction of a minor as a felony.

3 arrested in Creston recently

News

July 1st, 2024 by Ric Hanson

(Creston, Iowa) –  The Creston Police Department reports three recent arrests:

Friday night, 25-year-old Jonathan Michael Palmer, of Creston, was arrested for Disorderly Conduct-Fighting/Violent Behavior. Palmer was taken to the Union County Jail, and later released on $300 cash or surety bond.

Saturday night, Creston Police arrested 23-year-old Joe Thomas Jackson, of Creston, for Driving while Suspended. Jackson was cited and released on Promise to Appear.

And, Sunday night, 40-year-old Arturo Marin, of Afton, was arrested for Driving while Revoked. Marin was taken to the Union County Jail and later released on a $1,000 cash or surety bond.

2 arrested on OWI charges Sunday in Red Oak

News

July 1st, 2024 by Ric Hanson

(Red Oak, Iowa) – Police in Red Oak say two people were arrested on separate OWI charges, Sunday. At around 3:15-a.m., 21-year-old Jose Hunter Portales, of Red Oak, was arrested following a traffic stop in the 1400 block of N. 4th Street, in Red Oak. Portales was charged with OWI/1st offense. Bond at the Montgomery County Jail was set at $1,000. And, at around 9:45-p.m. Sunday, Red Oak Police arrested 40-year-old Michael Scott Stafford, of Red Oak, for OWI/2nd offense. His bond was set at $2,000.

IA SUPCO: Child abuse survivors will be required to face alleged abusers in person during trials, not remotely

News

July 1st, 2024 by Ric Hanson

(Des Moines, Iowa [KCCI] – Children will be required to testify in person to face their alleged abusers during child abuse trials, according to a new ruling the Iowa Supreme Court handed down Friday.

In the State of Iowa v. Derek Michael White, the court ruled White’s original criminal trial violated his constitutional right to confrontation by allowing the two children to accuse him of harming them to testify remotely using a closed circuit television.

The right to confrontation guarantees that those accused of a crime are allowed to confront the person alleging their guilt in court, even if that person is a child. White will have his case retried, this time requiring the children to testify in person.

However, people who work with survivors of abuse say that requirement could have disastrous effects for victims. Urbandale-based attorney and child therapist Annie von Gillern said she is also concerned about how having a child testify in court could complicate cases.

2 from Texas killed in a Polk County (IA) crash

News

July 1st, 2024 by Ric Hanson

Authorities in Iowa have identified two people from Texas who died in a crash Saturday in Polk County. According to an Iowa State Patrol crash report, a Honda SUV traveling eastbound on Interstate 80 near 2nd Avenue (mile marker 134) hit a guard rail before leaving the road and coming to a stop in a creek.

Rose A. Engel, 58, of Cookville, Texas, was pronounced dead on the scene. William L. Engel, 65, of Cookville, Texas, was transported to a Des Moines hospital where he later died.

The crash is still under investigation.

Two police officers shot in Waterloo

News

July 1st, 2024 by Ric Hanson

Two police officers were shot while responding to a report of a man with a gun Sunday just before 8:30 a.m. Officers responded to the 200 block of Manson Street. Officials say the investigation ended with two officers being shot in the 1200 block of E 4th Street, and the suspect dead.

The Waterloo police officers who were shot were taken to a local hospital. There has been no update on their condition. The Iowa Division of Criminal Investigation is investigating the incident.

Spring of 2024 was Iowa’s eighth wettest

News, Weather

July 1st, 2024 by Ric Hanson

(Radio Iowa) – State Climatologist Justin Glisan says the spring of 2024 has been the eighth wettest spring in Iowa since 1872 — the first year weather records were kept for the State of Iowa. Glisan says it’s been a roller-coaster of weather for the past six months.

“You look at the severe weather season we’ve had — 116 tornadoes, when we average about 44 per year…You think of the hail and high wind events, also,” Glisan said. “The set up we’ve been in has been a drought buster, though, with all these thunderstorms. We’ve had a record amount of rainfall, particularly in spring, but also in May — the sixth wettest May on record.”

A warmer than normal winter — and especially January’s blizzard — had a role in setting the stage for a wet spring. “We had that epic amount of snow pack,” Glisan said. “It actually insulated the surface, didn’t allow arctic air to get down deep, so the frost level really wasn’t there.” Glisan says it let the melting snow sink into the soil and early spring rains were able to soak in as well. The combination ended drought conditions throughout the state — after 204 consecutive weeks of drought. Glisan says it’s difficult to forecast severe weather far in advance, but warmer and wetter conditions heading into this past spring did signal there would be thunderstorms.

“If we look at the climate model and getting out several decades in that April, May, June time-frame, we are seeing the ingredients coming together more often to support severe weather, at least in the spring,” Glisan says, “kind of ebbing off into the summertime.” Glisan, though, points to long term forecasts that indicate Iowa is likely to see warm and wet conditions, so more thunderstorms this week. While there have been 116 tornadoes so far this year, only seven of them happened in June, which is typically the month when the most tornadoes strike in Iowa.

Glisan made his comments during a weekend appearance on “Iowa Press” on Iowa P-B-S.

Enjoy fireworks, but protect sensitive people

News

June 30th, 2024 by Ric Hanson

DES MOINES –  As much as we love fireworks, drifting smoke can cause breathing problems for some. Brain Hutchins, Iowa Department of Natural Resources Air Quality Supervisor, says whether you are attending a display or celebrating in your backyard, sensitive populations are advised to take precautions. “First, if your family or friends suffer from asthma, respiratory difficulties, or heart disease; it’s important for them to stay upwind, a safe distance from fireworks smoke,” Hutchins says. “The elderly and children are also vulnerable to high levels of smoke.”

Sensitive people are most likely to have trouble breathing when air is stagnant. With no breeze, fine particles can be trapped near the ground and build to unhealthy levels. Smoke contains fine particles and gases, which can be hard on the lungs. Fine particles in fireworks’ smoke come from black powder used to shoot fireworks skyward along with metals that produce brilliant colors.

In 2020, Davenport, Des Moines and Muscatine recorded fine particle levels exceeding national standards on the Fourth. Des Moines exceeded the standard again the following day. Fine particle levels stayed below national standards on days surrounding the Fourth of July in 2021, 2022 and 2023. Learn more about fine particles (PM2.5)  and how fireworks displays can affect sensitive populations.

Those unable to avoid areas of dense smoke should limit outdoor activity and contact their health care provider if experiencing difficulty breathing.

Flood warnings for the Missouri River extended until Wednesday

News

June 30th, 2024 by Ric Hanson

(COUNCIL BLUFFS, Iowa) – Flood warnings for counties located the Missouri River in Iowa and Nebraska have been extended now, until Wednesday. Minor to moderate flooding is expected to continue. Originally, the Missouri River was expected to have crested late Saturday in the Omaha area. The National Weather Service Sunday, said while all sites are expected to crest by early next week, repeated rounds of rain could lead to river levels remaining elevated for longer than currently forecast.

Emergency management officials say around half a dozen homes in the immediate Honey Creek area have been flooded, and so have around a dozen properties in the Goosehaven area—although most of those are not permanent homes.

At this time, EMA Director Doug Reed said there’s no indication when residents will be able to get back to their homes because the forecast keeps changing for when the river crests. After that, they’ll have to wait for the water to drain out, and then assess the damage to roads.

2 injured in a northern IA crash Saturday night

News

June 30th, 2024 by Ric Hanson

(Eagle Grove, Iowa) – A single-vehicle accident Saturday night in northern Iowa’s Wright County resulted in two people being transported to the hospital  with serious injuries. According to the Iowa State Patrol, a 2014 Toyota Camry driven by 19-year-old Yefri Anthony Lopez, of Clarion, was traveling north on Wright County Road R-33 at around 8:35-p.m., when the car veered off the road and into the east ditch.

The vehicle rolled over and came to rest on the driver’s side. Lopez was ejected during the rollover. He was not wearing a seat belt. His passenger, 25-year-old Joel Cifuentes, of Clarion, was trapped in the passenger seat of the vehicle. Both men were transported to separate hospitals for treatment.