By:
James Carney, ISBA Legislative Counsel
Douglas Struyk, Assistant ISBA Legislative Counsel
Jenny Dorman, Assistant ISBA Legislative Counsel
The Iowa General Assembly adjourned for the year on May 3 after 112 days in session. The Governor had until June 2 to act on any outstanding legislation.
The 2026 session was the tenth consecutive session with Republicans controlling the House, Senate, and Governor’s office. As we have experienced the past several years, the Republican trifecta impacted the legislature’s agenda, bringing some issues to the forefront that would see less attention if control were divided between the parties. However, this does not mean that each chamber, as well as the Governor, did not also have their own respective legislative priorities. The 2026 session was an exceptional session for the ISBA with the passage of the ISBA’s affirmative agenda issues, budget matters, and the successful opposition to multiple pieces of negative legislation.
Budget and funding
The Revenue Estimating Conference (REC) met on March 12 to review/update their estimates from their December 2025 meeting and to provide the revised estimates for FY 2026 and FY 2027. The Governor and Legislature must base their budget on the December estimates unless the March estimate for FY 2027 is lower than the December estimate. The FY 2027 March REC is lower than the FY 2027 December REC.
The March REC estimate for FY 2027 net General Fund receipts, including transfers, totals $8.347 billion, an increase of $359 million (4.2%) compared to March estimated FY 2026. The estimated changes include an increase of 5.2% in gross personal income tax, an increase of 3.7% in gross sales/use tax, and a decrease of 3.0% in gross corporate income tax receipts. Inheritance tax revenue is expected to decrease by 73.8%.
Net Appropriations for FY 2024 $8.547 billion
Net Appropriations for FY 2025 $8.945 billion
Net Appropriations for FY 2026 $9.423 billion
Estimated Budget for FY 2027 $9.6 billion
The FY 2027 budget is approximately $1.25 billion above the revenues identified by the March REC for FY 2027.
Based on the March REC the state has reserve funds in the following areas (Projected FY 2027):
Cash Reserve Fund $635.4 million
Economic Emergency Fund $211.8 million
Taxpayer Relief Fund $2.847 billion
Ending Balance/Surplus Carry Fwd. $442.6 million
Total $4.137 billion
Judicial Branch and indigent defense funding
Again, this session the ISBA made increasing the hourly contract rate for indigent defense counsel a top priority. The ISBA continued to press to increase the rate for Class A felony representation to $100/hour, Class B felony representation to $95/hour, and all other representation would be at $90/hour. The ISBA once again knew that such a significant change would be challenging with the state’s current budget situation.
This session, we were able to secure a $4/hour increase for all appointments beginning July 1. This brings the total increase since 2019 to $22/hour, over a 36.6% increase in the base rate over the last eight legislative sessions. Chairman Brian Lohse (R) Bondurant was again the top advocate for increasing indigent defense compensation.
The Justice Systems Budget also increased the appropriation to the State Public Defender (SPD) by $3.1 million and increased the SPD’s number of FTEs by 10. This will allow the SPD to hire additional attorneys and support staff to help alleviate the pressure being placed on contract attorneys handling indigent defense cases.
The Judicial Branch Budget provided the judicial branch with flat funding this year for general operations, but did include an additional $500,000 appropriation to pay for the new Business Court judges. The legislature did not increase judicial salaries this session but did provide the Supreme Court with authority to set judicial officer salaries in the future in HF 2800 – Standing Appropriations
Attorney Loan Repayment Program
The legislature added the language from the proposed Attorney Loan Repayment Program legislation that President Law worked on with Chairman Lohse to perfect. The details of the program are outlined below:
- Eligible attorneys
- Graduate of an accredited law school withing five years of application
- Licensed to practice law in Iowa
- Practicing law in Iowa or committing to practice in Iowa upon award
- Priority of awards – with priority in each category to graduates of and Iowa law school, Iowa high school, or private instruction pursuant to 299A.
- Attorneys who reside and practice in rural Iowa and provide a minimum of 50 hours of indigent defense services annually.
- “Rural area” means a county or municipality that has a population of less than twenty-six thousand and is located more than twenty miles from a city with a population of at least fifty thousand, based on the most recent federal decennial census.
- Attorneys who practice law in rural Iowa and provide a minimum of 100 hours of indigent defense services annually.
- Attorneys who practice in Iowa and provide 200 hours of indigent defense services annually.
- Assistance available
- Up to $10,000 per year for six years
- Awards cannot exceed the total outstanding balance of the attorney’s eligible student loans at the time of the agreement.
- Capped at 25 attorneys a year with a max of 150 attorneys at one time.
- Awards are state income tax exempt.
To provide funding for the Attorney Loan Repayment Program and the $4/ hour increase in indigent defense contract rates, the legislature added an increase of $20 to most civil filing fees. The new funds will be split, statutorily, with 50% of net funds transferred to fund for indigent defense and the other 50% of net funds transferred to fund the Attorney Loan Repayment Program.
Status of Key ISBA Budget Areas:
Judicial Branch - $201,018,878 (flat funding
Jury Revolving Fund - $3,600,000 (flat funding)
State Public Defender - $38,627,894 ($3.1 million increase 8.7%)
Indigent Defense Contracts - $42,726,374 (-$1.1 million decrease 2.6%)
Poverty Grants - $2,634,601 (flat funding)
Secretary of State Business Services - $1,414,535 (flat funding)
ISBA Affirmative Agenda
This session, the ISBA had 11 bills on the Affirmative Agenda. Of these bills, 10 were sent to the Governor for consideration and were signed. We have included the Affirmative Legislation Chart. The ISBA also had several bills that were not affirmative legislation but were supported by the sections go to the Governor. These include the Uniform Assignment for Benefit of Creditors Act (SF 2497), Distribution by Affidavit Increase (HF 2660), and Magistrate Modernization Plan.
HF 2660: Very small estate increase. This law is an act relating to decedent property, including deposit accounts, small estate affidavits, and distribution of child support. Specifically, the new law raises the value of personal property from a small estate that can be distributed by an affidavit to $100,000. Allows the successor of a decedent with a small estate to access any undistributed child support payments held by Child Support Services. The new law also requires the creation of a form and eliminates outdated estate tax provisions. Effective July 1.
SF 2497: Uniform Assignment for Benefit of Creditors Act. This bill is based on the “Uniform Assignment for Benefit of Creditors Act” approved and recommended by the uniform law commission in 2025 for enactment by all states. The bill repeals Code chapter 681 which governs the same subject. An assignment for the benefit of creditors (commonly referred to as “ABC”) allows one party to facilitate the liquidation of the person’s assets by transferring the assets to a disinterested party who acts as a fiduciary supervising the distribution of the assets to pay creditor claims. The process is governed under state law as an alternative to a federal bankruptcy proceeding. Enrolled. Effective Jan. 1, 2027.
HF 2787: Ending warrant resolution clinics. This bill prohibits officials, or other groups, from holding warrant resolution clinics, or spending public money on such events, or acting to evade the restrictions of the bill. The legislation defines such clinics as an advertised event which allows individuals to resolve warrants without being subject to immediate arrest. Finally, the legislation establishes criminal penalties and removal from office for public employees and officials who violate the bill and allows for any person to report suspected violations to the AG for civil enforcement. Enrolled. Effective immediately.
HF 2797: Brady-Giglio list removal. This legislation allows an officer placed on a Brady-Giglio list to appeal the placement. Allows a prevailing officer to be awarded equitable relief, reasonable attorney fees, expenses and court costs. Requires the state or local municipality or agency who is responsible for or employes the prosecutor agency to pay the costs. Enrolled. Effective on enactment and retroactive to actions starting on July 1, 2021.
HF 2337: Fraudulent use of professional titles This new law provides that a person who falsely represents oneself as possessing an academic degree or academic credentials for the purpose of obtaining employment or other personal gain is guilty of a fraudulent practice in the fifth degree. Additionally, the law provides that a person who knowingly and with intent falsely represents oneself as possessing a professional or occupational license regulated under Iowa Code chapter 272C is guilty of a fraudulent practice in the third degree. Fraudulent practice in the fifth degree is a simple misdemeanor. Fraudulent practice in the third degree is an aggravated misdemeanor. Effective July 1.
HF 2305: Clarifying hospice care in guardianships Expands Iowa healthcare decision-making by redefining "attending provider" to include physician assistants and nurse practitioners, authorizing them to sign DNR orders. It broadens surrogate decision-makers for incapacitated patients to include relatives and close adult friends, allows guardians to make end-of-life decisions without court approval, and replaces hospice "palliative care" requirements with "symptom management. Effective July 1.
HF 2542: Habitual offenders This bill extends the mandatory minimum for individuals convicted of a third qualifying offense to be sentenced to a minimum of seven years. This is an increase from the three years that is currently provided in statute. The legislation also prohibits deferred judgments or suspended sentences for those individuals convicted as a habitual offender. Effective July 1.
HF 2720: Including name change in dissolution decrees. The new law requires a court to issue a document on a name change due to a divorce that does not include other information on the divorce. Under current law, a name change request is a separate filing and fee, this eliminates both in dissolution proceedings. Effective July 1.
SF 2114: Intimidation with a dangerous weapon This law amends the crime of intimidation with a dangerous weapon by removing language that refers to the shooting, throwing, launching, or discharging of a dangerous weapon within an assembly of people, and thereby placing the occupants or people in reasonable apprehension of serious injury from Iowa Code section 708.6, and adds language for the shooting, throwing, launching, or discharging of a dangerous weapon at another person. Penalties under Iowa Code section 708.6 range from a Class D felony to a Class C felony depending on the circumstances. Effective July 1.
SF 2463: Uniform Rules on Agency Procedure Act This law rescinds specified agency administrative rules relating to subjects addressed by uniform rules on agency procedure, effective July 1. However, rescinded rules remain applicable to proceedings initiated before that date. Additionally, the new law temporarily authorizes agencies to adopt emergency rules modifying uniform rules until June 30, without regulatory analysis, contingent on a determination of necessity. This emergency rulemaking authority expires July 1. Finally, if an agency does not have rules in effect concerning a matter relating to a subject addressed in uniform rules on agency procedure adopted pursuant to subsection 1, uniform rules adopted pursuant to subsection 1 concerning the matter shall apply to the agency as though the agency had adopted them. Various effective dates.
HF 2256: CINA for serious chemical dependency or mental health crisis. This law expands Iowa's Child in Need of Assistance criteria to include chemical dependency and behavioral disorders. It permits CINA adjudication when parents are unable—not just unwilling—to provide treatment, or when efforts to secure treatment fail. The bill removes inability to access mental health treatment from the definition of child abuse. Finally, the law permits HHS to assess a child’s situation and facilitate appropriate intervention deemed in the best interest of the child.
HF 2527: Greenhouse gas emissions liability shield This law limits civil and criminal liability for climate effects allegedly caused in whole or in part by greenhouse gas emissions from agricultural, renewable fuel, or other sources. The new law requires clear and convincing evidence of violating Iowa emission statutes or permits from the Department of Natural Resources or federal agencies in order to establish liability. Finally, the law explicitly does not create rights to bring such actions. Effective July 1.
SF 2379: Victim protections This new law deals with multiple areas of code that are aimed at helping and protecting Iowa’s victims of crimes. The law strengthens Iowa victim protections by: expanding victim counselor confidentiality privileges and immunity; allowing lifetime protective orders for certain sexual offense victims; tightening sex offender registration to requiring new registrants to do so in person and within three days of any change in employment/vehicle reporting; requiring 20-year preservation of sexual assault evidence kits with victim notification rights; expediting mental competency hearings; prioritizing crime victim compensation restitution; and certifying sexual assault nurse examiners while expanding secondary victim definitions to foster parents and custodians. Effective July 1.
HF 2706: Magistrate modernization The new law contains three divisions. Division I transitions magistrate appointments from a county-based system to a judicial election district-based system and makes conforming changes to the Iowa Code. Provisions include: replacing the statutory requirement of 206 magistrates in Iowa Code with a case-related workload formula established by the Iowa Supreme Court; eliminates the requirement that each county has at least one resident magistrate; modifies the composition and duties of magistrate appointing commissions; amends the commencement of the term of office of a magistrate to August 1, 2027; and requires the judicial election district magistrate appointing commission to prioritize applicants who served or are serving as magistrates for the term immediately preceding August 1, 2027. This division also allows temporary reassignment of magistrates across counties but repeals this authority on Aug. 1, 2027. Division II establishes a senior magistrate program, allowing certain retired magistrates to serve on a limited basis.
SF 2399: Bail and bond amounts This bill requires a magistrate to justify setting bail at less than uniform bond schedule. In addition, the bill provides that the bond schedule will not be used for certain violent/weapon offenses and strikes limits that the amount of an appearance bond to be deposited with the clerk be no more than 10% of the bond. Finally, the bill adds requirements on pre-trial release and on updates by the Judicial Council on the bond schedule, and provides an exception for release on personal recognizance for medical reasons, until the person is treated and fit for confinement. Effective July 1.
HF 2523: Committing children for treatment This new law allows a parent to commit a child to treatment for substance abuse or mental health disorders. The bill provides parents with the right to determine care for their child who has a substance abuse problem or mental health disorder and their child is refusing treatment. The bill establishes a strict scrutiny standard for courts to adhere to when evaluating this right. Finally, this law stipulates that a mental health professional is not required to treat a child if the professional determines the treatment is not appropriate, or a facility to admit a child if the facility determines admission is not appropriate. Effective July 1.
SF 2280: Safety of General Assembly/judicial officers Division 1 authorizes professional weapon permits for Iowa legislators, judges, and attorneys general, allowing statewide concealed carry during employment, including on school grounds. Division II establishes a new criminal offense for threatening a member of the General Assembly, a judicial officer, or an immediate family member of a member of the General Assembly or judicial officer. The penalty for this offense is a Class C felony. Division III creates a new criminal offense of malicious sharing of personal information of a member of the General Assembly, a judicial officer, or an immediate family member of such officials. Personal information is defined as a personal physical address, personal phone number, or physical location. The penalty for this offense is a serious misdemeanor. Enrolled.
SF 2039: Legislative intervention in judicial review This legislation allows the majority and minority legislative leaders, and other legislators, to intervene in the judicial review of a legislative act. Effective July 1.
SF 2402: Fraudulent filings and disclosing agricultural ground ownership This legislation allows the Iowa Secretary of State to remove unauthorized personal information from filings based on sworn affidavits and to administratively dissolve entities used for fraudulent purposes based on interrogatory responses. Additionally, the bill expands disclosures of agricultural land by persons and entities; it also removes the current confidentially language. Enrolled.
HF 2348: Animal torture This bill makes intentional animal torture a First offense Class D felony and cleans up the definition of animal torture. Effective July 1.
SF 2218: E-Verify This bill mandates state and local governments use E-Verify for new hires and establishes a SAVE program clearinghouse requiring professional licensing boards to verify citizenship status, denying licenses to applicants unable to prove lawful presence. Enrolled.
HF 523: Allowing peace officers to file petition for emergency protective orders This law allows peace officers to petition for 72-hour emergency protective orders on behalf of individuals claiming immediate domestic abuse danger who request assistance. However, peace officers are not required to file the petition, they are provided discretion on when they choose to take this action.
HF 917: Civil liabilities against motorcross facilities This legislation grants Iowa motocross facilities immunity from civil liability for participant injuries or deaths caused by inherent risks of motocross activities, defined to include operator error, weather, and terrain hazards. Liability is preserved for intentional injury, negligence, unsafe equipment, or failure to exercise reasonable care. Facilities must post visible warning signs. The law does not affect claims predating its July 1 effective date or existing common law defenses. Effective July 1.
SF 2157: Malicious prosecution This legislation creates a civil cause of action for malicious prosecution between private parties in Iowa. It defines malice as initiating litigation for improper purposes and probable cause as reasonable good faith belief the claim was valid. To prevail, plaintiffs must prove the underlying suit was resolved in their favor, lack of probable cause, malice, and actual damages. Ordinary defense burdens satisfy injury requirements; special damages are not required. Governmental actions are excluded. This legislation did not advance in the House but was placed in HF 2800 as Division XIV.
SF 2313: Property tax omnibus This legislation overhauls Iowa property tax sales. It changes bidding to a lowest-interest-rate system (capped at 2%), eliminates bidder registration fees, and allows reduced newspaper notice if web-posted. The bill repeals Chapter 448, replacing it with a sheriff's sale foreclosure process scheduled near the third Monday in January. It mandates personal notice 60 days prior, allows six-month delays for small residential properties, and requires a study on implementing statewide online bidding. This bill is more expansive but included provision to address Tyler v. Hennepin Cty., 598 U.S. 631, 143 S. Ct. 1369 (2023).
SF 512: Court changes to statute of limitations Clarifies the Iowa General Assembly's authority to alter time limitations for civil actions under Code section 614.1. The bill ensures that only the General Assembly can change the statute of limitations for various civil actions, including personal injuries and contract disputes. Effective July 1.
HF 2360: Child endangerment The legislation adds a new definition of “child” to mean any person under 18 years of age, and removes references to “minors” under the age of 18 with a mental or physical disability. Under the Bill, any person under age 18 is considered a child regardless of their mental or physical abilities under Iowa Code section 726.6 for child endangerment. Effective July 1.
Significant legislation of interest to the ISBA: Failed to pass
HF 953: Legal representation for children placed in foster care This legislation requires courts to appoint counsel for children 10+ years old in child in need of assistance (CINA) proceedings instead of a guardian ad litem and requires counsel and a guardian ad litem for children under 10. The bill ensures children in foster care have continuous client led representation until they exit the system. Passed the House but funneled in Senate.
HSB 565: Forced indigent defense representation. This bill relates to the appointment of counsel by the court for an indigent person. Current law provides that if no contract attorney is available for appointment by the court, the court may appoint a noncontract attorney. The bill provides that if the court determines that no contract attorney is available to represent the person, the court is required to appoint a noncontract attorney. The bill would have taken effect upon enactment. Failed to pass House Subcommittee, funneled.
SF 394: Pesticide tort liability. A bill for an act relating to pesticides, by providing for tort liability provides for the defense from civil liability associated with the use of pesticides that are registered with the U.S. Environmental Protection Agency (EPA) acting under the Federal Insecticide, Fungicide, and Rodenticide Act (federal Act). The Bill provides that a label provides sufficient warning to satisfy any requirements for a warning if it complies with any of the following three criteria: It was approved by the EPA; It is consistent with the most recent human health assessment performed under the federal Act; or It is consistent with the EPA’s carcinogenicity classification for the pesticide. The bill does not apply to a product made by a Chinese state-owned enterprise. Passed Senate, funneled in House.
SF 514: Joint physical care changes. A bill for an act relating to the awarding of joint physical care of children to parents awarded joint legal custody in temporary proceedings. The bill provides that if joint legal custody is awarded to both parents in the temporary matters hearing, the court must award joint physical care as well unless the court deems the awarding of joint physical inappropriate and not in the Child’s best interest. The court must cite the reasons joint physical care is inappropriate using the factors listed in 598.41 if they deny the award of joint physical care in the temporary order of custody. Passed the Senate and House Judiciary Committee.
SF 586: Litigation financing
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- Creates the Litigation Financing Transparency and Consumer Protection Act, requiring registration of litigation financers, imposing business conduct limitations, and mandating contract disclosures. It also establishes exemptions, joint liability, and regulatory oversight, taking effect on Jan. 1,, for civil actions involving litigation financers. In Senate Ways & Means, failed to pass.
HF 1031: Recorder update. This legislation amends Iowa's county recorder fees and land record information systems management. It requires county recorders to upload recorded documents to the county land record information system and allows for an additional fee of up to $10 per transaction to be adopted by county governments. Passed House. Senate Ways & Means Subcommittee recommends passage.
SF 571: Criminal defense subpoenas. The bill relates to defense subpoenas in criminal actions and provides the following:
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- A criminal defendant or counsel acting on the defendant’s behalf may not issue any subpoena for documents or evidence except upon application to the court. The defendant must prove by a preponderance of evidence that the evidence sought is relevant or will lead to the discovery of relevant information, or that the evidence sought does not include private information of a crime victim or any other person unless the evidence is exculpatory. This is the exclusive mechanism for a criminal defendant or counsel acting on the defendant’s behalf to issue a subpoena for documents or other evidence.
- An application for a defense subpoena cannot be filed or reviewed ex parte.
- The prosecuting attorney is not required to execute or effectuate any order or subpoena issued pursuant to Division I.
- A crime victim or other party who is the subject of a subpoena must not be required by the court to execute a waiver.
- Documents or other evidence obtained through a defense subpoena must be provided to the prosecuting attorney within three days after receipt of the documents or other evidence.
- Documents or other evidence obtained through a defense subpoena that does not comply with the requirements in Division I are not admissible in any criminal action if offered by the defendant.
- The court may sanction an attorney for knowingly issuing a defense subpoena in violation of Division I.
- An applicant for postconviction relief is not entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena. Passed Senate, funneled in the House.
HF 2683: Pipeline damage claims This proposal strengthens landowner pipeline rights by permitting damage claim renegotiation beyond five years, recognizing soil/drainage/irrigation losses, authorizing court actions and utility commission complaints, and accepting GPS yield data. Placed on calendar, funneled.
HSB 749: Common law tort immunity This proposal establishes qualified immunity for state employees in tort claims, limiting liability unless clearly established rights are violated, and applies these protections retroactively to pending claims against the state or its employees. Funneled.
HF 2719: District judge ratings – performance review of judges Mandates annual publication of judicial performance metrics covering pretrial rulings, sentencing, appeals, and efficiency. Requires a public website with searchable judge data, district benchmarks, and personal statements. Passed House & Senate Subcommittee assigned.
SF 2171: Qualification for admission to practice law. This bill would have expanded Iowa law bar admission qualifications. Currently requiring law school graduation, the bill adds an alternative: ten years as a General Assembly employee in legislative research/analysis or service as a legislator. The bill also removes the photograph requirement from applications. Passed Senate Subcommittee and funneled.
HF 2246: Prohibiting DEI courses in professional continuing education This proposed legislation requires continuing education for licensed professions to relate directly to professional practice, prohibiting boards from mandating unrelated credits. It directs the supreme court to remove non-practice-related requirements for attorneys and eliminates the mandate that bar exam candidates graduate from ABA-accredited law schools. Passed House & Senate Subcommittee and was funneled.
The ISBA legislative team appreciates the countless hours that ISBA legislative committee members invested in reviewing legislation, providing comments, and participating in hearings. The ISBA is very well respected at the Capitol due to the expertise and accessibility of the ISBA members. Thank you all for your efforts this session and your great support.
** ISBA Legislative Bill Summaries were compiled from Legislative Services Agency Documents and Bill Explanations and Iowa Legislative News Service Reports.
