Dems: State Government Committee – All-Bill Summary 2018

June 1, 2018
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All bills passed by the Legislature and sent to the Governor for her signature during the 2018 session. 

SJR 2006 – Lieutenant Governor Selection and appointment process
SF 192 – New licenses to practice applied behavior analysis
SF 2155 – Public investment in operating funds of cities/counties
SF 2255 – State auditor may offer review not audit
SF 2256 – Ethics and campaign electronic filing and real name donations clarification
SF 2289 – Allows 28E agreements with any federally recognized Indian tribe
SF 2290 – Board membership and term limits of county hospitals
SF 2310 – Alcoholic Beverages Division technical cleanup bill
SF 2322 – Pharmacy administration of vaccines and technician verification programs
SF 2323 – Disclosure of Federal Foreign Agents in state boards and commissions
SF 2333 – Amusement concession prize award increase (Dave and Busters)
SF 2334 – Transfer of a hospital needs license
SF 2347 – Personal importation of alcohol changes, bootlegging increased penalties
HF 2200 – Terrace Hill fund for piano competitions and scholarships
HF 2252 – SOS technical clean-up
HF 2253 – Lease Purchase of public property
HF 2254 – Merging wire line 911 and Next Generation 911 network
HF 2277 – Copying public records that are at least 100 years old
HF 2286 – Restricting point-of-sale mandates
HF 2349 – Relating to persons voluntarily excluded from gambling facilities
HF 2382 – Technical member changes on p Engineering and Land Surveyors Board
HF 2417 – Credit cards to pay for county/state fair token bracelets
HF 2425 – Establishes a Physical Therapists licensure compact in the state
HF 2439 – Iowa native horse advantage
HF 2480 – Veterans (and others) manufactured housing program fund (via Approps)

 

SJR 2006 proposes an amendment to the Iowa Constitution to outline the line of succession if a governor is no longer able to serve. It specifies that the lieutenant governor has the powers of the governor when he or she assumes the office of governor. In the case of a permanent disability, death, resignation or removal from office, the lieutenant governor must assume the office of the governor, and appoint a new lieutenant governor, who will have the same powers and duties as one who was elected, including the duty to act as governor, or to assume the office of governor and appoint a new lieutenant governor. The resolution must passed both legislative chambers in 2018 and must be referred to the 88th General Assembly for adoption before being submitted to Iowa voters for ratification.

These changes would be made to the Iowa Constitution:

  • The governor can fill a vacancy of lieutenant governor by appointment for the rest of the term. The lieutenant governor can become governor in case of death, impeachment, resignation, removal from office or any other reason that the governor is unable to serve. If both the governor and lieutenant governor are simultaneously unable to serve, this would be the line of succession:
    • President of the Senate
    • Speaker of the House
    • President Pro Tempore of the Senate
    • Speaker Pro Tempore of the House
  • If none in the line of succession are able or willing to serve and the legislature is not in session, the Iowa Supreme Court will convene the legislature, and a president of the Senate and speaker of the House will be elected. Once selected, the president-elect of the Senate will become governor. If unable to serve, the speaker-elect of the House becomes governor.

This resolution is a result of an Attorney General’s opinion, which determined that, in the Iowa Constitution, the powers of the governor devolved to the former lieutenant governor, and now-Governor Kim Reynolds could not appoint a new lieutenant governor. The Attorney General’s opinion is that Reynolds is holding the office of governor and lieutenant governor at the same time, and that there is no vacancy. After being sworn in as governor, Reynolds appointed Adam Gregg to serve as acting lieutenant governor. Gregg performs the function of the office and receives the salary but is not in the line of succession. The next in line of succession is currently the President of the Iowa Senate.

 

SF 192 creates a licensure process for behavior analysts and assistant behavior analysts who practice applied behavior analysis. 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 qualifications for a behavior analyst are struck; the job title is instead linked to its licensing requirements.

 

SF 2155 allows a political subdivision (i.e., city, county or school district) to invest that portion of their operating funds in excess of 33 percent in five-year certificates of deposit. Previously, investments that mature within 397 days or less were required for this portion of excess operating funds. Now cities, counties or school districts can earn more interest on these investments. The local government entity can only invest their annual revenue in excess of 33 percent in an investment no longer than 63 months.

 

SF 2255 allows the state auditor to review the receipt and expenditure of state or federal funds, upon request, instead of a full audit. The state auditor’s office indicated that a full audit sometime doesn’t get at specific questions or concerns. At times, a less intensive review may be more appropriate. The bill also allows the state auditor to determine if a review may be conducted, instead of a full audit, for cities or townships where a sufficient number of taxpayers signed a petition requesting an audit. Previously, if a city asked for a review from the state auditor, a full audit was mandatory. The expense is passed along to the city or township. The auditor cannot request reimbursement from the Executive Council.

 

SF 2256 requires all campaign and ethics statements and reports to be filed electronically. Since January 1, 2016, all candidates and committees have been required to do this. The bill codifies that requirement and clarifies the prohibition on using fictitious names when making campaign contributions in excess of $25.

 

SF 2289 includes any federally recognized Indian tribe in the definition of a public agency for the joint exercise of governmental powers under Code chapter 28E.

 

SF 2290 makes non-controversial changes to board membership and term limits of county hospitals. County or city hospital boards of trustees can establish a process to remove a trustee for cause. The trustee board can have five or seven members. Previously, seven members were required. Terms of office are changed from four years to six years. Other changes include establishing more stringent attendance requirements that may result in a board vacancy, clarifying quorum requirements and allowing term limits for board members.

 

SF 2310 is an Alcoholic Beverages Division technical cleanup bill. It makes changes to Chapter 123 to eliminate language that is unclear, inaccurate or redundant; establishes wording that reflects the Division’s practices; creates uniform use of defined terms; and establishes a process for obtaining a new or renewal Wine Direct Shipper Permit/Alcohol Carrier Permit that is consistent with other licenses and permits. These changes will make the law easier to understand and enforce.

Key changes include:

  • Section 1 establishes a definition for “brewpub,” a term that is commonly used to describe a retailer who also makes beer.
  • Section 2 amends the definition of “alcoholic liquor” by striking the alternative term “intoxicating liquor” and replacing it wherever it appears in the chapter.
  • Sections 12, 22, 26, 62, 67 and 71 identify when an applicant must obtain a federal basic permit issued by the Tobacco, Tax and Trade Bureau of the United States Department of the Treasury. This is not a new requirement. Adding it to the Code is intended to provide guidance to applicants.
  • Section 16 establishes a timeframe for licensees and permittees to report ownership changes to the local authority and the Division. This will help ensure state and local licensing authorities and law enforcement officials have complete and accurate information.
  • Section 71 establishes a process for obtaining a new or renewal Wine Direct Shipper Permit/Wine Carrier Permit that is consistent with other licenses and permits issued by the Division.

 

SF 2322 deals with the scope of practice of pharmacy administration of vaccines and technician verification programs. The bill creates a technician product verification program by which a pharmacist can instruct a pharmacy technician to verify the accuracy of any dispensed prescriptions. The bill also permits pharmacists to order and administer to adults naloxone, nicotine replacement, tobacco cessation products, immunizations or approved vaccination schedules, immunizations for international travel, booster Tdap vaccines, and other emergency immunizations or vaccinations in response to a public health emergency. A pharmacist may administer influenza vaccines to patients six months or older, and the final two doses in a course of HPV vaccinations to patients 11 or older pursuant to statewide protocols. A pharmacist must keep a record of all prescription drugs, products and treatments administered, and notify the patient’s primary health care provider or provide a written record to the patient.

 

SF 2323 requires a Governor’s appointee subject to Senate confirmation to provide a notarized statement on whether they are registered as a federal Foreign Agent. A member of any board, committee, commission or council must disclose if they subsequently register as a federal Foreign Agent. The Department of Administrative Services will develop rules for employees and applicants to disclose whether they are registered as a federal Foreign Agent. A violation is increased to a serious misdemeanor with a fine of $315 to $1,875 and imprisonment for up to one year.

 

SF 2333 increases amusement concession prize levels for Dave and Buster’s and similar businesses. The cash value of prizes in amusement games are increased from $150 to $950. Prizes include t-shirts, iPads and gaming systems. All places offering concession prizes fall under the updated law.

 

SF 2334 allows the Department of Inspections and Appeals to approve the transfer or assignment of a license of a hospital that offers only behavioral health services to a person or government unit.

 

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, a person may 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. Previously, one liter of liquor legally could be brought into the state, and there was no allowance for wine or beer. Now, nine liters of liquor can be brought into the state and up to 4.5 gallons of beer (approximately 24 cans) per calendar month.

Third, penalties are increased 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). Previously, a person could bring in one liter of liquor; any more than that (or any beer or wine) was considered bootlegging. Penalties were a simple misdemeanor for giving or selling alcohol to an adult, or a serious misdemeanor for providing bootlegged alcohol to a minor. Now penalties are a simple misdemeanor for a first offense and a serious misdemeanor for a second offense, with no age considerations.

 

HF 2200 authorizes the Terrace Hill Commission to establish and maintain an endowment for 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. Three senior-level finalists were awarded two-year scholarships 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 centered on a Terrace Hill Society that had been around since the 1980s and had previously raised funds and conducted the piano competition. Now, a new entity (the Terrace Hill Partnership) wants to take over the work, with or without the accompanying funding. The Society is a 300+ open member group. The Partnership has a five-member appointed board.

 

HF 2252 is the Secretary of State’s technical cleanup bill, which:

  • Clarifies that a person required to register as sex offender is not eligible to participate in the Safe At Home program.
  • Conforms special election dates for a school board and community college to the blackout dates implemented in the 2017 voter suppression bill.
  • Changes the timing for an objection to a nomination from not less than 74 days to not less than 68 days from the election.
  • Allows proof of residence to be determined on an electronic device (e.g., someone can prove residence from a bill on their cell phone).
  • Allows deceased voters to be removed from the rolls by a sibling, spouse or Internet obituary from a licensed funeral home. A representative of an estate can also certify the death of a voter.
  • Allows an attester to show a voter identification card as a form of ID at the polls.
  • Forbids a preregistered voter from signing more than two oaths for the identity and residence of another person.
  • Changes the audit requirements established in the 2017 voter suppression bill by no longer requiring all absentee precincts to be counted by hand. Only a sampling must be counted by hand. It also clarifies that a representative of each political party of the highest vote must be invited to the audit but is not be required to attend.
  • Clarifies that at least one examiner is required in cybersecurity.
  • Clarifies that a person who votes early at the county auditor’s office must provide their voter verification number on their voter identification card.
  • Removes an aggravated misdemeanor as disqualification for holding elective office. This matches an Iowa Supreme Court decision.

 

HF 2253 prohibits lease-purchase for certain construction/building projects. Currently, government and education 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. City or county lease-purchase contracts have not been 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 education 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.

 

HF 2254 makes changes to the 911 emergency telephone communication systems. In 2017, SF 500 required Iowa Homeland Security and Emergency Management Department (HSEMD) to design a plan for merging 911 wire-line and wireless 911 Next Generation Networks and determine potential cost savings. HF 2254 eliminates the wire-line network and creates a shared service environment to be run by HSEMD. Public Safety Answering Points (PSAPs) could voluntarily opt to use the shared service. PSAPs potentially could save $6.6 million in local expenses. HSEMD will fund projects out of the existing 40-percent wireless revenues. The bill removes a $7 million cap from carryover, effectively zeroing out and passing through the operating surplus to local service boards every fiscal year. There is no change to how the 911 wire-line surcharge is collected or distributed, or how the 911 wireless surcharge fund formula is distributed to the local PSAPs (via Approps).

 

HF 2277 separates open records criteria for county registrars and the state archivists. A record held by a county register adheres to open records requirements, allowing review and copying by the public, no matter the age of the document. Records of birth, marriage or divorce held the by the state archivist must be at least 75 years old, or in the case of fetal death, at least 50 years old to be subject to open records (Chapter 22).

 

HF 2286 deals with “time-of-sale” mandates that local municipalities may impose on home sales. Some local governments in Iowa have passed ordinances that create mandates for homeowners and/or buyers during a real estate transaction. Examples include sump pump hook-up inspections, utility inspections, energy efficiency audits and home inspections. This bill prohibits all time-of-sale mandates for real property transactions. The legislation does not completely restrict a city’s ability to adopt an ordinance requiring certain inspections, but it will specify that these inspections cannot hinge on the point of sale.

 

HF 2349 transfers administration of the Statewide Voluntary Self-Exclusion Program from casinos and boats to the Iowa Racing and Gaming Commission. The potential fiscal impact is $225,000 for FY19, which includes $125,000 in salaries and $10,000 in website maintenance. These additional costs will be funded through the Gaming Regulatory Revolving Fund.

 

HF 2382 allows for three licensed professional engineers and two licensed professional land surveyors on the Engineering and Land Surveyors Board. The board has 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.

 

HF 2417 allows people to use a credit card to pay for purchases at county and state fair amusement concessions.

 

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 access to physical therapy by allowing therapists to practice across jurisdictional boundaries with minimal barriers. Under the compact, the state granting a license retains exclusive authority to discipline the licensee. However, any member of the compact may investigate violations of statutes and rules governing the practice of physical therapy of another state. 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.

 

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.

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State Government policies enacted in other committees or bills:

HF 2480 (Appropriations) creates a Manufactured Housing Program Fund within the Iowa Finance Authority (IFA) for mobile and manufactured homes on rented land (mobile home parks). Mobile homes also qualify for the Veterans Housing Trust Fund Program for military members. IFA may transfer unobligated money from the Senior Living Revolving Loan Program Fund, Home and Community-Based Services Revolving Loan Program Fund, Transitional Housing Revolving Loan Program Fund, and Community Housing and Services for Persons with Disabilities Revolving Loan Program Fund from the prior fiscal year to this new fund. However, the maximum that may be transferred for any fiscal year is $1 million.

 

HF 2502 – Standings, Division IX – Alcohol unopened containers:

  • Clarifies that all liquor license holders must purchase alcohol in unopened containers from class E facilities. This codifies current practice across different classes of licensees.
  • Makes E liquor control licensees that are also a grocery store of at least 5,000 square feet exempt from “unopened container” restrictions, per their E class liquor license. This allows restaurants within grocery stores to serve alcohol for consumption on the premises.
  • Allows open containers to be carried from one establishment (bar) to an adjacent licensed or permitted premises. This accommodates community festivals and street fairs, without jeopardizing their license.

 

HF 2502 – Standings, Division XIII – Self-Promotion (Advertising)-Public Funds: Prevents certain public officials (statewide elected officials and members of the Legislature) from using public dollars for self-promotion in an official capacity. This is modified language from HF 2469.

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