Dems: State Government Committee Report – Week 7, 2018

February 22, 2018
By

SSB 3138 – State energy conservation building code requirements
SSB 3188 – Statewide elected officials’ communications
SSB 3191 – Condition of election activities
SF 192 – New licenses to practice applied behavior analysis
SF 2155 Public investment maturity limitations in operating funds of cities/counties
SF 2219 – Sale or lease of ICN
SF 2256 – Ethics and campaign electronic filing and foreign agent transparency
SF 2289 – Allows federally recognized Indian to enter into 28E agreements with municipalities
SF 2306 – Ethics and Campaign Disclosure Board to notify of opponent report changes 

 

FLOOR ACTION:

SF 2155 says that a political subdivision (city, county or school district) may invest that portion of their operating funds, in excess of 33 percent, in five-year certificates of deposit. Current law requires investments that mature within 397 days or less for this portion of excess operating funds. This bill will allow cities, counties or school districts to earn more interest on these investments.
[2/20: 48-0 (Excused: Behn, Zumbach)]

 

SF 2256 makes changes to provisions of campaign and ethics reports requiring all statements and reports to be filed electronically with the board. Since January 1, 2016, all candidates and committees have been required to do this. The bill codifies that requirement and adds a clarification to the prohibition on people using fictitious names when making a campaign contribution in excess of $25.
[2/21: 49-0 (Excused: D. Johnson)]

 

SF 2289 defines a public agency only for the joint exercise of governmental powers under Code chapter 28E to include any federally recognized Indian tribe.
[2/20: 48-0 (Excused: Behn, Zumbach)]

 

SF 2306 requires the Ethics and Campaign Disclosure Board to notify candidates for the Legislature or statewide office — if they have requested such notifications — if their political opponent files an amended disclosure report in July or October. The notification must include a copy of the disclosure report being amended.

[2/21: SF 2256 makes changes to provisions of campaign and ethics reports requiring all statements and reports to be filed electronically with the board. Since January 1, 2016, all candidates and committees have been required to do this. The bill codifies that requirement and adds a clarification to the prohibition on people using fictitious names when making a campaign contribution in excess of $25.
[2/21: 49-0 (Excused: D. Johnson)]

 

COMMITTEE ACTION:

SSB 3138 requires new residential construction to comply with the 2018 energy conservation requirements adopted by the state building code commissioner and approved by the state building code advisory council. This effectively means that the Legislature will now have to act to enact new energy building codes in the future as opposed to the state building code commissioner, as was done in the past. The bill takes effect upon enactment.
[2/15: 9-6, party line]

 

SSB 3188 prohibits a statewide or locally elected official from spending public money controlled by the state on designated communications or designated exhibit expenditures within 30 days before a general election. The bill defines designated communication as a public advertisement or direct mailing, a paid radio or a paid television communication if such advertisement or promotion bears the written name, likeness or voice of an official. The bill defines designated exhibit expenditure as a billboard, placard, banner, table skirt, sign, display or other physical structure in excess of 150 square inches at a booth on a fairground or grounds bearing the written name, likeness or voice of the official.

The bill excludes from the definitions of designated communication all of the following: a report, record, letter, memorandum, document, envelope, cover sheet, certificate, constituent correspondence, routine ministerial material, or ceremonial material bearing the name, official logo or official letterhead of the office of a statewide elected official, legislator or local official, provided that it is used for official duties; a depiction of the seal of Iowa approved by the governor; official press releases or advisories issued by the office of a statewide elected official, legislator or a local official in any form; a publication, literature or other medium of communication related to a proclamation of a state of public disorder by the governor; and a payment made by the office of a statewide elected official, legislator or a local official to reserve floor space for a booth or display at fair.

A violation is subject to a civil penalty up to the amount of money withdrawn from a public account for the designated communication. Any additional criminal or civil penalties under Code section 68A.701 or established by the board pursuant to Code section 68B.32A may also be used for violations of the bill.

[2/15: 9-6 (Yes: Republicans, Bowman)]

 

SSB 3191 deals with campaign procedures. Division I of the bill prohibits persons from sending unsolicited political advertisements using text or multimedia messages to mobile electronic devices. Violations would be a civil penalty of $50 for each telephone number contacted without first receiving permission, up to $5,000. Division II specifies that a county commissioner of elections must arrange the ballot so that the candidates of each political party for most partisan offices appear in descending order with the candidates of the political party whose registered voters voted in the greatest number appear first on the ballot. There was discussion that Division I may not be constitutional, and Division II needs work. The committee moved the bill forward without amendment because of time constraints.
[2/15: 9-6, party line]

 

SF 192 creates a licensure process for behavior analysts and assistant behavior analysts who practice applied behavior analysis. Under the bill, a license to practice behavior analysis is post-doctoral education accredited by the National Commission on Certifying agencies or the American National Standards Institute.
[2/15: 15-0]

 

SF 2219 directs the Iowa Telecommunications and Technology Commission to implement a request for proposals (RFP) to sell or lease the Iowa Communications Network, with the sale or lease to commence during the fiscal year beginning July 1, 2018. Additionally, the state auditor must audit and an independent appraisal firm must appraise the network to determine the current market value of its assets. The firm must be selected through a competitive bidding process not associated with the network or any of its vendors. Public funds must not be used for the purchase of the network. If the commission seeks outside assistance to implement the RFP process, such assistance must be provided by an independent professional firm selected through a competitive bidding process. The RFP must allow a bidder to purchase the network’s assets relating to the Iowa National Guard. The RFP must not require a bidder to subsidize the network’s services that are operating at a loss, maintain the network’s billing and procurement system, maintain or employ the network’s employees, or segregate operations. The winning bidder must demonstrate a commitment to serving the citizens of Iowa and facilitating rural broadband service. The commission must submit status reports to the Legislature every three months on progress made toward selling or leasing the network, beginning October 1, 2018.
[2/15: 10-5 (Yes: Republicans, Horn)]

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