Dems: State Government Committee Report – Week 12, 2018

March 28, 2018

SF 192 – Licensure process for behavior analysts;
SF 2347 – Bootlegging rewrite and clean up;
HF 2200 – Removes Terrace Hill piano competition from Society authority;
HF 2253 – Eliminates lease-purchase for certain construction/building projects;
HF 2382 – Technical changes to engineering and land surveyors board;
HF 2425 – Adopts the interstate physical therapy licensure compact;
HF 2439 – Iowa native horse advantage. 



SF 192 creates a licensure process for behavior analysts and assistant behavior analysts who practice applied behavior analysis. Under the bill, getting a license to practice as a behavior analysist requires a post-doctoral education accredited by the national commission on certifying agencies or the American national standards institute. The Senate accepted a House amendment that strikes the qualifications for a behavior analyst and links the job title to their licensing requirements.
[3/28: 46-0 (Excused: Bertrand, Lykam, Zumbach; 49 senators seated)]


SF 2347 has three parts. First, the bill allows the Alcoholic Beverages Division administrator to issue a waiver to someone who wants to import liquor, wine or beer in excess of the amount otherwise allowed when they first move into Iowa. The waiver is only available to new Iowa residents who have collections or large quantities of liquor, beer or wine for at- home personal consumption.

Second, the bill allows a person to obtain a certain amount of liquor, beer or wine outside the state and import it to the state for personal use without a certificate, permit or license. Currently, only 1 liter of liquor legally can be brought into the state. There is no allowance for wine or beer. The bill raises the amount of liquor that can be brought into the state to 9 liters. It allows beer personally obtained out of state not to exceed 4.5 gallons per calendar month (approximately 24 cans).

Third, the bill increases penalties for bootlegging. Bootlegging is when a person brings liquor, wine or beer into Iowa from another state or country to re-sell it or give it away (as a gift). Currently, a person can only bring in one liter of liquor; any more than that (or any beer or wine) would be considered bootlegging. Current penalties for bootlegging are a simple misdemeanor for giving or selling alcohol to an adult, or a serious misdemeanor for providing bootlegged alcohol to a minor. A House amendment changed these penalties to a simple misdemeanor for a first offense and a serious misdemeanor for a second offense, removing age considerations.
[3/27: 47-1 (No: Costello; Excused: Bertrand; 49 seated senators)]


HF 2200 authorizes the Terrace Hill Commission to establish and maintain an endowment to fund and conduct piano competitions and provide scholarships to select competition participants. The Terrace Hill Piano Competition started in 1986 and is held annually at the Iowa Public Television studios. Each of the three senior-level finalists is awarded a scholarship over a two-year period to enroll as a piano major or minor at any Iowa college or university. Scholarship amounts for 2018 are $5,000 for first place; $3,000 for second; and $2,000 for third. Concerns center on the existing Terrace Hill Society that has been around since the 1980s and has previously raised funds and conducted this piano competition. In the last couple of years, a new entity (the Terrace Hill Partnership) wanted to take over the work, with or without the accompanying funding. The Society is a 300+ open member group. The more recently created Partnership has a five-member, appointed board.
[3/26: 33-14 (Excused: Bertrand, Zumbach; 49 senators seated)]


HF 2253 prohibits lease-purchase for certain construction/building projects. Currently, governmental and educational entities can use “lease-purchase agreements” to complete a project and pay the construction costs over time, eventually owning the building. This process avoids the need to bond for projects with a 60 percent majority vote of the public. Current city or county lease-purchase contracts are not considered contracts for “public improvement” and therefore are not subject to competitive bidding requirements. The bill removes that exemption, requiring all projects to be competitively bid. Representatives from cities, counties and educational entities say many of their projects have both pubic use and private use components. They are concerned that the number of construction companies bidding on the projects will decrease under these changes.
[3/27: 27-20 (Yes: Danielson, Republicans; Excused: Bertrand, Zumbach; 49 senators seated)]


HF 2382 allows for three licensed professional engineers and two licensed professional land surveyors on the Engineering and Land Surveyors Board. The board includes seven members, two of them lay people. An individual licensed as both a professional engineer and a professional land surveyor can only satisfy the requirements for one seat on the board. The Senate added a technical amendment to clean up the definition of “public improvement.” The bill returns to the House for further consideration.
[3/27: 47-0 (Excused: Bertrand, Zumbach; 49 senators seated)]


HF 2425 adopts the interstate physical therapy licensure compact. The compact grants Iowa authority to obtain biometric information from applicants for physical therapy licensure and to submit the information to the Federal Bureau of Investigation for a criminal background check. The compact will increase consumer access to physical therapy services by reducing regulatory barriers to interstate mobility and cross-state practice. The ability of a clinician to practice across jurisdictional boundaries with minimal barriers has become an issue with the changing health care system, evolution of physical therapy education, mobile communications between patient and client, mobility of patients accessing care, large health care corporations and insurance companies, and the advent of telemedicine. Under the compact, the state granting a license retains exclusive authority to discipline the licensee. However, any member of the compact may investigate actual or alleged violations of statutes and rules governing the practice of physical therapy of another state. A state that has granted a licensee a compact privilege may take disciplinary actions against that compact privilege. Member states may also engage in joint investigations of licensees. The commission may levy annual assessment or other fees against member states or other parties to cover operational costs.
[3/28: 46-0 (Excused: Bertrand, Lykam, Zumbach; 49 senators seated)]


HF 2439  amends the Code relating to native horses or dogs. First, the bill allows Iowa-foaled horses an additional three-pound weight allowance in races that are not just for native Iowa horses and the race is not a stakes race. This gives the Iowa horse a slight advantage, which is a common practice in other races and states. Second, the bill allows chemical testing of hair samples for horse and dog racing. A House amendment removes the requirement that any casino built within 35 miles of Prairie Meadows pay into the track. All current casinos are outside the 35-mile radius.
[3/28: 47-0 (Excused: Bertrand, Zumbach; 49 senators seated)]

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