Iowa Senate Democrats

Fighting for a Better Deal for Iowans.

  • Local Government – All-Bill Summary 2020

    HF 2477 – Permits for agricultural experiences

    HF 2477 allows educational events and community experiences, such as school visits and farm-to-table dinners on agricultural land without a local government permit. Some counties had required $250 permits for each type of event.
    [3/4: 45-3 (No: Bolkcom, Petersen, Quirmbach; Excused: Kraayenbrink, Wahls)]

    HF 2481 — Certificates of the Treasurer

    HF 2481 causes a certificate of the treasurer to expire upon the next annual certification of taxes. An expired certificate is not an acceptable document to present the recorder for recording.
    [6/10: 50-0]

    HF 2512 — Agriculture building fee and other county zoning laws

    HF 2512 makes changes to county zoning ordinances. It eliminates the requirement for a zoning application, approval and fee for an ordinance to be considered inapplicable to land, farm barns, farm outbuildings or other buildings primarily used for agricultural purposes. Counties can still require application for housing in unincorporated areas. Land enrolled in a soil conservation program or water conservation program qualifies for the agricultural exemption.
    [3/4: 37-11 (Yes: Republicans, Boulton, Giddens, Hogg, Kinney; Excused: Rozenboom, Wahls)]

    SF 2025 – Joint county engineers

    SF 2025 eliminates the requirement that sharing of a county engineer must be between adjacent counties.
    [2/24: 48-0 (Excused: Feenstra, Shipley)]

    SF 2195 – Elevators in multi-story commercial buildings

    SF 2195 eliminates the requirement for a commercial elevator in a two-story building when the owner owns both the commercial first floor and the residential second floor. This bill is specific to federally designated historic districts. The owner must disclose the residential elevator when selling the property.
    [2/26: 49-0 (Excused: R. Taylor)]

    SF 2361 – Emergency management mutual aid compact

    SF 2361 allows the Iowa Mutual Aid Compact (IMAC) to be used across all political subdivisions as originally intended. This will include all political subdivisions as members of the compact, though it further restricts members to county board of supervisors, mayor, and emergency management coordinator or designee. This is a priority of the Emergency Management Association.
    [6/13: 49-0 (Excused: Hogg)]

  • Transportation – All-Bill Summary 2020

    SF 388 – Iowa Medal of Honor Highway

    SF 388 renames U.S. Highway 20, which runs between Dubuque and Sioux City, the “Iowa Medal of Honor Highway.” The Department of Transportation will work with private entities on the creation, installation and placement of signs proclaiming the new highway designation.
    [6/10: 49-0 (Absent: Feenstra)]

    SF 2091 – Odometer requirements

    SF 2091 complies with regulations issued by the National Highway Traffic Safety Administration for odometer disclosure statements when registering and titling a motor vehicle. Previously, a vehicle model that was at least 10 years old was exempt from the odometer disclosure statement. This bill requires a 20-year look-back.
    [2/25: 50-0]

    SF 2250 – Timber buyers

    SF 2250 aims to stop timber theft by requiring a person who transports timber to possess a completed form approved by the Department of Natural Resources (DNR), showing written proof of ownership or consent of the owner to take the timber. Failure to provide a completed form is a serious misdemeanor, but the violation may be removed if a form is completed and presented to the DNR before the date of enforcement of the fine.
    [2/24: 50-0]

    SF 2296 – Vehicle independent contractors

    SF 2296 defines the term “owns” as it relates to an owner-operator of a vehicle who qualifies as an independent contractor. Under Iowa’s worker compensation, wage and unemployment laws, a worker or an employee is entitled to certain benefits. However, the terms “worker” and “employee” do not apply to independent contractors.
    [2/24: 32-18, party line]

    HF 2235 – CDL and human trafficking

    HF 2235 complies with federal regulations for commercial driver’s licenses by disqualifying for life those who commit a felony involving a severe form of human trafficking while operating a commercial motor vehicle.
    [3/2: 50-0]

    HF 2310 – Oversized loads

    HF 2310 eliminates the annual permit for a vehicle or a combination of vehicles transporting a divisible load of hay, stover, straw or bagged livestock bedding. It also increases the maximum size to 12 feet 5 inches wide, 75 feet long and 14 feet 6 inches high.
    [6/6: 49-0 (Excused: Zumbach)]

    HF 2360 – Expiration of driver’s license

    HF 2360 – Under previous law, for a person is between 17 years 11 months and 72 years, a driver’s license expires eight years from the licensee’s birthday, but not to exceed their 78th birthday. The bill makes the upper age limit 78 and is effective September 1, 2020.
    [6/6: 46-4 (No: Celsi, Hogg, Quirmbach, Wahls)]

    HF 2372 – Exemption for chauffeur licenses

    HF 2372 exempts a farmer or farmer’s hired help from having a chauffeur license when operating a special truck owned by the farmer and exclusively transporting the farmer’s products within 100 miles from land owned or rented by the farmer. The bill also allows an autistic driver to have that status noted on their driver’s license if they choose.
    [6/3: 49-0 (Absent: Hogg)]

  • Statement on Gov’s executive order on schools

    Statement from Sen. Herman Quirmbach, Ranking Member of the Senate Education Committee, on Governor’s latest Executive Order

    “Iowa schools are being forced into difficult choices between in-person learning and the health and safety of students and staff.  The reason is that Governor Reynolds is losing the battle against COVID-19, making it more difficult for local school districts to protect Iowa schoolchildren, teachers, and other school employees and still achieve quality education.

    “The Governor is continuing to ignore science, common sense, and the health and safety of Iowans.  Infection rates in Iowa are rising again.  The Governor has ignored CDC guidelines regarding proper business opening timelines and has denied local governments the ability to correct her mistakes and meet the needs of their communities.

    “Instead of making the same kind of mistakes that states like Florida have made — where nearly 1/3 of school kids are now testing positive — the Governor should focus on providing widespread COVID-19 testing and robust contact tracing across the state.  Only when we get serious about knocking down this virus can our kids have a quality education and a safe school environment.”

  • Commerce – All-Bill Summary 2020

    SF 583 – Electric utility rates for private (solar) generation  

    SF 583, which passed the Senate last year, allowed investor-owned utilities to set minimum infrastructure charges for private net-metered customer generation. It exempted certain large renewable energy producers from the requirements for utility infrastructure charges: (1) a cogeneration facility, including, without limitation, combined heat and power facilities; (2) a facility that manufactures renewable fuel registered with the U.S. Environmental Protection Agency; (3) a facility that uses a de minimus amount of biomass in its operations (less than 10% of all fuel used in the generation processes); and (4) a private generation facility with a nameplate generating capacity greater than one megawatt. Opponents maintained that the proposal protected the largest renewable energy producers, and would in essence eliminate solar energy companies that work with consumers and small businesses.

    This controversial bill passed the Senate March 18, 2019, on a bipartisan vote of 28-19. It was placed on the House Unfinished Business Calendar and was re-referred to the House Commerce Committee.

    During the interim, stakeholders, including MidAmerican Energy, Iowa’s solar industry, agricultural interests and environmentalists, worked to craft a compromise. The result was a re-working of the entire proposal. This version passed the House unanimously on March 3, 2020. Lobbyists in support include the Iowa Environmental Council, Iowa Pork Producers, MidAmerican Energy, Iowa Solar Energy Trade Association, Center for Rural Affairs, Environmental Law and Policy Center, The Nature Conservancy, North Central States Regional Council of Carpenters, Iowa Association of Business and Industry, Greater Des Moines Partnership, Citizens for a Healthy Iowa and the Iowa Conference of United Methodist Church.

    The amended bill codifies net metering, grandfathers in the current plans of existing solar customers, and provides a transition to a “Value of Solar” utility rate in the future.

    The House “strike after” amendment:

    • Creates new billing methods for distributed generation (solar) customers, including net metering billing or inflow-outflow billing. Solar customers would pay the retail rate for any kilowatt-hour (kWh) they import (inflow) while any kWh exported to the grid (outflow) is credited to the customer at an outflow rate.
    • Codifies net metering as a single meter monitoring only the net amount of electricity delivered and exported to solar customers.
    • Allows outflow credits to be credited monthly as dollar amounts to offset the customers’ monthly bill, which can be carried forward up to 12 months.
    • Permits utilities to recover credited outflow amounts through an Energy Adjustment Clause or other rider mechanism.
    • Initially sets the outflow rate at an applicable retail rate for each rate class.
    • Creates a Value of Solar (VOS) study when distributed solar penetration reaches 5% of total peak demand, or by July 1, 2027, if the utilities petition the Iowa Utilities Board (IUB) to begin VOS process, whichever is sooner.
    • Customers would receive a locked-in outflow rate for 20 years that is set: (1) equal to the retail rate prior to the VOS implementation; and (2) at the current VOS rate after VOS rate is determined.
    • Allows any excess credits to revert to investor-owned utilities after 12 months to offset the rider mechanisms’ collections.

    The Value of Solar (VOS) is created through a stakeholder process, overseen by the IUB, using an independent third-party consultant. The VOS rate must be unique to each utility based on the utility’s specific inputs. The tariff must be updated annually and the methodology must be updated every three years. The rate cannot fluctuate more than 5% annually.

    Both net metering credit and outflow rate must cover all volumetric charges, including rider charges on a kWh basis. Existing net metering customers may retain their current net metering rate for the duration of their current contract.

    Investor-owned utilities are prohibited from: (1) using customer’s demand instead of energy use to limit system size; (2) charging solar customers additional fees; and (3) placing solar customers in a separate class until VOS or 2027.
    [3/4: CONCUR 48-0 (Absent: Rozenboom, Wahls)]

    SF 2131 – Reinsurance collateral requirements 

    SF 2131 is a recommendation from the Iowa Insurance Division (IID). It puts Iowa among the first states to adopt necessary federal provisions. All states have five years to act to reduce reinsurance collateral requirements for certified non-U.S. licensed reinsurers that are licensed and domiciled in qualified jurisdictions or face potential federal preemption by the Federal Insurance Office under the federal Dodd-Frank Wall Street Reform and Consumer Protection Act. In exchange, the European Union and the United Kingdom will not impose local presence requirements on U.S. firms operating in the EU and the UK, and effectively must defer to U.S. group capital regulation for U.S. entities of EU-based and UK-based firms. The bill puts Iowa ahead in the insurance market, and alleviates concerns of insurance companies in the state, as well as for carriers looking to domicile in Iowa.
    [2/25: 50-0]

    SF 2132 – Life insurance companies legal reserve requirements

    SF 2132 modifies the Iowa Code definition of highly effective hedging transactions to match the National Association of Insurance Commissioners accounting guidance.
    [2/24: 48-0 (Absent: Feenstra, Shipley)] 

    SF 2137 – Mortgage extension filing requirements 

    SF 2137 modifies a requirement that a mortgage extension agreement be filed in the same way as the original instrument (a.k.a. “ancient mortgages”). Currently, a mortgage (which is the underlying collateral for a debt instrument or promissory note) is enforceable for either 20 years or 10 years beyond any stated maturity in the debt instrument, as long as the extension is filed of record. The bill does not change any timeframes, but allows that the signing of the original mortgage authorizes the lender to file the extension on behalf of the borrower. This is compatible with real estate law by establishing the same procedure for extending financing statements under the Iowa Uniform Commercial Code. It will make loan administration for mortgages much easier for both financial institutions and borrowers.
    [2/25: 50-0]

    SF 2196 – Extension of Iowa Cell Siting Act

    SF 2196 extends the future repeal date of the Iowa Cell Siting Act from July 1, 2022, to July 1, 2025. The extension is effective upon enactment.
    [2/24: 50-0]

    SF 2198 – Notification requirements for open-end credit accounts

    SF 2198 modifies notification requirements for an open-end credit account to mirror federal regulations. A creditor may make a change in the terms of an open-end credit account applying to any balance incurred after the effective date of the change, only if the creditor delivers or mails to the consumer a written disclosure of the change at least 60 days before the effective date of the change.
    [2/25: 50-0]

    HF 426 – IID background checks, fraud investigators

    HF 426 is based on a non-controversial proposal recommended by the Iowa Insurance Division (IID) that clarifies the IID’s authority to review possible fraud cases in all areas regulated by the Insurance Commissioner. It also adds authorization of criminal history background checks for insurance producers and updates licensing requirements to meet the new standards. Almost all states require a criminal history background check (which includes fingerprints) for insurance producers. The IID worked with the Department of Public Safety’s Division of Criminal Investigation to ensure that the language would be acceptable to the FBI, which conducts the federal background checks. This will be applicable to new and out-of-state insurance producers, public adjusters and viatical settlement providers.

    The House passed HF 426 last year on a vote of 94-0. The Senate amended the bill to include the additional language limiting two of the three investigators to reviewing only workers compensation issues. The Division was concerned that this stipulation is detrimental to its current fraud bureau staff, which consists of a director, three investigators and a criminal intelligence analyst. In 2018, 83 of the 1,046 investigation referrals were related to workers compensation issues (about 9%), consistent with the past three years of data. The bill, as amended, passed the Senate March 13, 2019, on a 32-17 party-line vote, Democrats voting no. The House took no further action. This year, the House refused to concur and the Senate receded.
    [3/4: RECEDE 48-0 (Absent: Rozenboom, Wahls)]

    HF 2452 – Acquisition of small water utilities

    HF 2452 modifies legislation passed in 2018 that established a process for communities that may want to sell their water systems. Currently, the cities of Blue Grass and Dixon are using this process to sell their wastewater systems, but challenges for smaller systems, often the most in need of help, have been identified.

    This bill creates a category of communities referred to as “at-risk” communities, defined as a community that meets the Department of Natural Resources’ (DNR) definition of “disadvantaged community,” which is based on the finances of the community; a system that has violations of federal or state regulations that impact the safety, adequacy or efficiency of the operations; or a system that has failed to have a certified operator for more than a 12-month period.

    The bill allows the DNR to provide an alternate enforcement timeframe in the event of a sale, to give the new organization time for compliance without threat of penalties. It also gives the Iowa Utilities Board 180 days to review, approve or disapprove an acquisition. The bill passed the House 98-0.
    [6/12: 49-0 (Absent: Hogg)]

  • Education – All-Bill Summary 2020

    SF 2082 – Department of Education Clean Up bill

    SF 2082 is the Iowa Department of Education’s technical code clean up. Main components of the bill include:

    1. Language clean up related to how shared-time and part-time pupils from private schools who are enrolled in public schools to access classes or services are counted for enrollment.
    2. The term “agency fund,” describing a fund maintained by a school district, is replaced with the term “custodial fund.”
    3. Open enrollment requests for special needs students clarification. Currently, a receiving school district only needs to grant the open enrollment request of a child requiring special education if the district maintains a special education program appropriate to meet the child’s educational needs and such enrollment would not cause the appropriate class to exceed the maximum class size. The bill clarifies that the enrollment of the child must not cause the caseload to exceed the maximum caseload in that special education program, and there must be sufficient classroom space in the general education classes to which the child would be assigned.
      [2/6: 48-0 (Excused: Whiting, Zaun)]

    SF 2118 – Rural Physician Loan Repayment Fixes

    SF 2118 adds new language to allow refinancing student loans as private loans, while maintaining eligibility for loan repayment through Iowa’s Rural Physician Loan Repayment Program. The appropriations maximum award and timeframe still apply. The bill allows the same refinancing allowances to the Health Care Professional Recruitment Program and the Health Care Loan Repayment Program. The amendment also makes the refinancing allowance retroactive to January 2019.
    [2/26: 49-0 (Excused: R. Taylor)]

    SF 2142 – SSA/Categorical School Funding with Property Tax

    SF 2142 is a compromise between House and Senate Republican to increase PreK-12 basic funding for the next school year by 2.3%, which amounts to an additional $86 million for schools. It is below the Governor’s recommendation and the House’s original proposal. Democrats offered an amendment to increase funding by 3%, which would have provided an additional $133 million, but Republicans rejected it. 
    [3/4: 31-17, party line (Excused: Rozenboom, Wahls)]

    SF 2164 – Per-pupil and transportation equity

    SF 2164 addresses the school aid state cost per pupil (SCPP) versus the district cost per pupil (DCPP) and transportation equity.

    The per-pupil equity provides an additional $10 per student for some school districts on top of the state supplemental aid for the upcoming budget year. This equates to an additional $5.9 million for schools in FY21.

    It is estimated that 195 school districts will receive additional funding, of which 177 will see the full $10 increase to their state cost per pupil. This is new money for those schools. 

    The rest of the school districts will get a small property tax decrease, because $10 of their current DCPP will be paid for by additional state dollars. These districts won’t see “new” money under this portion of this bill.

    With this bill, the difference in SCPP and DCPP is a maximum of $155. Five districts are at that amount.

    The transportation equity portion of the bill provides an additional $7.3 million to the Transportation Equity Fund for a total of $26 million in FY 21. This builds upon last year’s $19 million investment. If a school district exceeds the statewide transportation cost per pupil, it will receive a payment. An estimated 204 school districts will receive funding to buy them down to the statewide average in FY21.

    With this bill, all schools will be at the statewide transportation per pupil average. In addition, the bill directs transportation funding to grow by the Categorical SSA percentage starting in FY21. This means an additional $400,000 will be generated through the school aid formula and the cost for FY21 SSA will increase by that $400,000. Since all schools are now at statewide average, that $400,000 will be divided between all schools.
    [2/10: 48-0 (Excused: Nunn, T. Taylor)]

    SF 2261 – Tele-med option for school location services

    SF 2261 outlines the process for a school to implement voluntary behavioral health screenings either in person or through the use of telehealth. No student can be screened without the written consent of a parent/guardian. Parents must be notified of the results of the screening, and the results may be sent to a primary doctor. The mental health professional providing services in schools does not need to consult with the child’s primary care doctor prior to services being initiated. Schools must provide a secure, confidential and private room, and the technology necessary to deliver such services. Mental health providers must provide a way for the student’s parent/guardian to participate in the session. The school cannot have access to or handle any of the student’s medical records related to the provision of telehealth mental health services. A public school, AEA or nonpublic school may serve as a site of service for purposes of private insurance reimbursement. The first meeting of certain approved telehealth services may be completely online.
    [6/5: 50-0]

    SF 2284 – Board of Regents technical and regulatory cleanup bill

    SF 2284 modifies various regulations for the Board of Regents, including:

    • Changes gifts and grants reporting from monthly to quarterly.
    • Eliminates the Iowa Telecommunications and Technology Commission waiver request requirement, which would put the universities into the same category of users as private colleges and nonpublic schools.
    • Updates Iowa’s open meetings law to allow the University of Iowa Hospitals and Clinics to go into closed meetings (as other public hospital boards do) when discussing patient care quality, process improvement initiatives, or marketing and pricing strategies.
    • Eliminates outdated Regents Resource Center language and updates continuous improvement language.
      [6/11: 49-0]

    SF 2310 – Online Learning and Covid-19 Requirements

    SF 2310 restructures online learning programming in Code and outlines new online programming offered by Area Education Agencies (AEAs), which plan to provide the same online offerings for less money and be self-sufficient in two years. After Covid recess, the Legislature modified the bill to provide more guidance for the required online learning that will be part of school districts’ “Return to Learn” plans for the fall.

    The bill allows federal funds to go toward developing the AEA platform in partnership with school districts and accredited nonpublic schools. Federal funds may also be used to offset costs to school districts for participation in the program. Return-to-Learn plans must contain provisions for in-person instruction, which is the preferred method of instruction for core courses, including that it be rigorous, high-quality, aligned with the Iowa core and core content requirements.

    Changes to Offer and Teach: Current law allows any two core subjects to be taught online only after a good-faith effort is made to hire a teacher. The bill adds up to two additional courses for a school district or accredited nonpublic school that proves to the satisfaction of the department they made every reasonable effort, but are unable to meet the requirements of “offer and teach.” The bill then allows three additional courses of World Language, Financial Literacy and Computer Science to be offered online, if they have shown they have made a good faith effort to hire a teacher. 

    Instructional Time for Online Learning, including inclement weather: The Governor is allowing schools to start the upcoming school year earlier than August 23. An extended school year will cost more. The bill allows a school district to use their professional development dollars for the 2020-21 school year for extended instructional time. If used under this provision, the 36-hour requirement for professional development will be reduced by the same number of hours of additional instructional time.

    School Closure and Social Distancing: The bill authorizes school districts to close due to a Covid-19 outbreak. They are encouraged to follow CDC guidelines and consult with the local board of health in determining social distancing guidelines. In implementing social distancing policies, school districts and accredited nonpublic schools should prioritize core academic subjects for in-person teaching.

    Instructional Time Requirements and Online Learning Supports to Students: A school district or authorities under a nonpublic school, cannot waive minimum school day requirements. If a school is going to provide online instruction, it must have appropriate support staff to assist students.

    Truancy Regarding Online Learning: Any student that does not participate in online learning through the school district or nonpublic school due to Covid-19 is considered truant. This provision does not apply to home-schooled students.

    Statewide Assessment: The Iowa Statewide Assessment of Student Progress is waived for the 2019-20 school year due to Covid-19.

    CPR Certification Waived: The requirement that a student complete a CPR course to graduate is waived if the school district or accredited nonpublic school closes.
    [6/13: 49-0 (Excused: Hogg)]

    SF 2356 – Dyslexia expanded support services

    SF 2356 requires the State Board of Education to establish procedures for approving practitioner preparation programs that offer an advanced dyslexia specialist endorsement by July 2022. The Department must maintain a dyslexia consultant to provide technical guidance and assistance. Subject to an appropriation, each AEA must maintain a dyslexia specialist. An Iowa Dyslexia Board will oversee implementation of dyslexia instruction in Iowa and make recommendations for continued improvement. The bill expands the definition of dyslexia used to determine what schools must provide to students who are persistently at risk in reading at grade level. Finally, the bill requires K-3, Title 1 and ELL teachers to complete the Iowa Reading Research Center dyslexia overview module by July 1, 2024.
    [6/11: 49-0 (Excused: Hogg)]

    SF 2360 – Classroom Management and Therapeutic Classrooms

    SF 2360 addresses concerns from some parents and teachers regarding at-need students and the increased use of “room clears” in response to violent behavior. In a room clear, students are evacuated from the classroom while a violent or disruptive child remains in the classroom. The bill has these main components:

    • Teacher Training and Preparation: Provides $500,000 starting in 2021-22 school year for educators to receive additional training to manage classroom disruptions, address student behavior and use the least restrictive environment. 
    • Therapeutic Classroom Funding: Therapeutic classrooms provide smaller classes, intensive help, and short-term breaks to help students reset and develop new coping strategies before reentering their regular classroom.
      • Provides $1,582,650 starting in 2021-22 school year for grants for districts and community mental health agencies to help students with violent behavior. Schools may collaborate and apply for a regional therapeutic classroom model. The Iowa Department of Education estimates the funding will cover 150 seats.
      • An additional $500,000 starting in 2022-23 school year will reimburse schools for transportation costs to a regional therapeutic classroom. Grants will help establish therapeutic classrooms for one to five pupils, classrooms with six to 10 pupils, and classrooms with 11 to 15 pupils.
    • Classroom Clear Requirements: Provides statewide expectations for clearing a classroom when a student behaves violently, and increases the requirements for school communication with parents of all children affected by a room clear.
    • Data Collection: Establishes data reporting to track incidents of violence or assault by students, in compliance with federal special education and data privacy laws, and to track key student demographic information to identify overuse or patterns that have a disproportionate racial, gender or social-economic impact.
      [6/11: 48-1 (No: Celsi; Excused: Hogg)]

    HF 2340 – College Savings Iowa Used for Out- of-State Private K-12 Schools

    HF 2340 permits an Iowa Educational Savings Plan (529 Plans) for students requiring special education to be used to attend out-of-state elementary or secondary schools. Current Iowa law allows tax-free withdrawals from Iowa accounts for elementary and secondary tuition expenses, but the educational institution must be in Iowa. This bill would allow the same tax avoidance to students requiring special education attending qualified schools out of state. The expansion of the income tax exemption is estimated to reduce General Fund revenue by $175,000 in FY21 through FY24, and $145,000 in succeeding fiscal years.
    [6/3: 49-0 (Excused: Hogg)]

    HF 2359 – Praxis I Entrance Exam into Teaching would be an Option, not Mandate

    HF 2359 allows an institute of higher learning the option to administer the Praxis 1 (or other exam), or not to administer any entrance exam, before granting admission to its College of Education. With fewer college students choosing to go into education, and the continued challenge of attracting and retaining a diverse teaching force, eliminating unnecessary barriers to entry into the profession is a priority for a variety of K12 education entities and higher education institutions.
    [6/10: 49-0 (Excused: Bisignano)]

    HF 2418 – BEDS Reports Allowed to be Corrected

    HF 2418 says that if a school district requests the Department of Education to review information contained in a BEDS (Basic Education Data Survey) submission and the director finds an error relating to licensure of a practitioner, they must notify the Board of Educational Examiners (BOEE). BOEE will initiate corrective action. The bill includes a waiver for four school districts that missed the deadline to submit their requests for modified allowable growth for their dropout prevention programs.
    [6/10: 49-0 (Excused: Bisignano)]

    HF 2443 – Eligibility requirements and assessments for the senior year plus program

    HF 2443 removes the requirement for students to demonstrate proficiency in reading, math and science under new Iowa Statewide Assessment of Student Progress proficiency standards prior to participating in the program, and modifies authorization for a community college’s assessment of student readiness. Students still must meet academic standards set by postsecondary institutions to be eligible for concurrent enrollment.
    [6/10: 49-0 (Excused: Bisignano)]

    HF 2454 – Qualifications for community college CTE instruction

    HF 2454 gives another option by which a community college instructor may teach in the career and technical education (CTE) area by allowing someone with an associate’s degree in the relevant CTE field, if such degree is considered terminal for that field of instruction, and at least 3,000 hours of recent, relevant work experience, to teach CTE classes in their area. In addition, anyone with a 4-year degree and 18-semester hours of relevant CTE classroom work is eligible to teach those CTE classes.
    [3/11: 46-0 (Excused: Breitbach, Brown, Feenstra, Hogg)]

    Education Related Bills from Other Committees

    SF 2398 – Veterinary Loan Repayment Program

    SF 2398 establishes a Rural Veterinarian Loan Repayment Program in the College Student Aid Commission, as well as a Rural Veterinary Care Trust Fund. The program provides loan repayment for those who practice as licensed veterinarians in “rural service commitment areas” or “veterinary shortage areas” for four years. Other details include:

    • “Rural service commitment area” means a city in Iowa with a population of less than 26,000 located more than 20 miles from a city with a population of 50,000 or more, and which provides a dollar contribution equivalent to 12.5% of the veterinarian’s total eligible loan amount upon graduation for deposit in the Rural Veterinary Care Trust Fund.
    • “Veterinary shortage area” refers to a designated veterinary service shortage situation in Iowa identified and nominated by the State Veterinarian or recommended for designation in accordance with federal National Veterinary Medical Services Act.
    • An individual is eligible to apply if any of these requirements are met: 1) Enrolled in the final year of a veterinary degree program at a College of Veterinary Medicine accredited by the American Veterinary Medical Association Council on Education; 2) Is a veterinarian licensed pursuant to Chapter 169 within five years of applying for this program with a veterinary medicine degree.
    • Priority is given to applicants who graduated from a high school in Iowa or completed private instruction under Chapter 299A (home school). When possible, the commission will enter into agreements with individuals with this priority order:
      • Private practice food supply (livestock) veterinary medicine in any veterinary shortage area.
      • Private practice food supply veterinary medicine in a city with a population of less than 26,00 that is located more than 20 miles form a city with a population of 50,000 or more, especially in remote or economically depressed rural areas.
      • Animal veterinary medicine in a rural service commitment area.
      • The College Student Aid Commission may consult with the State Veterinarian to determine prioritization. 
    • Disbursements for loan repayments cannot exceed $15,000 annually. Payments cannot exceed the four consecutive years of practice and cannot exceed a total $60,000 or the amount of outstanding eligible loans, whichever amount is less. Subject to the availability of funding, the Commissioner will enter into at least five program agreements annually. There is no funding in the bill.
      [6/4: 49-0 (Excused: Hogg)]

    HF 2629 – Future Ready Iowa 2020

    HF 2629 extends the Future Ready Iowa program by creating an Expanded Registered Apprenticeship Opportunities program. Components include:

    • Future Ready Iowa Apprenticeship Training Program to encourage small and medium-sized businesses to start apprenticeship programs. Seventy percent or more of the apprentices must be residents of Iowa; the rest must be residents of states contiguous to Iowa. Funding was $1 million in FY20. The Governor recommended $1.6 million for FY21. No appropriations in this bill.
    • Iowa Child Care Challenge Fund (Iowa Workforce Development): The Iowa Employer Innovation Fund matches eligible employer contributions to expand education and training leading to high-demand jobs. A business or nonprofit may apply for construction of a new child care facility, rehabilitation of an existing child care facility, or retrofitting and repurposing an existing structure. Funding was $1.2 million for FY20. The Governor recommended an increase of $2.8 million to bring the total to $4 million. The portion of the increase going to the Child Care Challenge Fund is $2 million. No appropriation in this bill.
    • Computer Science Instruction – K-12 Educational Standards Online Coursework: This requires all school districts and nonpublic schools to include computer science and adds a half unit of instruction to the Iowa core. The bill allows the instruction to be offered online. This portion goes into effect July 1, 2022. No appropriation in this bill.
    • Operational Sharing to include a Work-based Learning Coordinator: A work-based learning coordinator would help facilitate structured education and training programs at K-12 schools that include authentic work-site training, such as registered apprenticeship programs. This position would be included under the maximum amount of additional weighting a school district can receive for sharing staff in a budget year, effective for the 2021-22 school year.
    • Last Dollar Scholarship Program: The bill addresses these qualification issues:
      • Allows a student who graduates from high school, before becoming an adult learner, to enroll full-time at a community college. This addresses eligibility for 19-year-old students, meaning students don’t have to attend immediately after graduating.
      • Fixes an issue with students taking prerequisite courses not being eligible for the program since they did not go directly into an eligible program.
      • The bill’s proposed changes allow for all eligible students to receive scholarships for part-time classes during the summer. No appropriation in this bill.
    • Division 6: Senior Year Plus and Postsecondary Enrollment Options: The division eliminates the part-time enrollment limitation for a high school student enrolling in a community college course through Concurrent Enrollment (Senior Year Plus). The bill eliminates all references within the program that restrict it to part-time enrollment.
      [6/11: 49-0 (Excused: Hogg)]

  • Human Resources – All-Bill Summary 2020

    SF 2119– Controlled Substance Schedules

    SF 2119 allows the Pharmacy Board to change the schedule status of cannabis-derived products and cannabis-derived investigational products based on decisions by the Food and Drug Administration and the Federal Drug Enforcement Administration. The bill classifies nine synthetic opioids, one opioid analgesic, 10 synthetic cannabinoids and seven synthetic cathinones as Schedule I substances, meaning they have no known medical use. It classifies all products containing derivatives of barbituric acid as Schedule II. It classifies one central nervous system depressant and one central nervous system stimulant as Schedule IV, and any FDA-approved product containing cannabidiol with no more than 0.1 percent THC as Schedule V. The bill also strikes language regarding medical marijuana programs at the Board of Pharmacy.
    [2/10: 48-0 (Excused: Nunn, T. Taylor)]

    SF 2120– Prescription Monitoring Program

    SF 2120 allows veterinarians to register for and access information from the state’s Prescription Monitoring Program. Some veterinarians can prescribe controlled substances, and there have been instances of pet owners taking the animal’s medication. The bill also expands PMP reporting requirements to all Schedule III and IV controlled substances and to all Schedule V controlled substances except pseudoephedrine. Additional substances that the PMP Advisory Council and Board of Pharmacy determine could be addictive or fatal are also included in the required PMP reporting. The due date for the PMP annual reports is changed to February 1 instead of January 1.
    [2/10: 48-0 (Excused: Nunn, T. Taylor)]

    SF 2299– Health care background checks

    SF 2299 provides that in addition to background record checks being performed by the Department of Public Safety and the Department of Human Services, an entity may have a third-party vendor conduct a preliminary background check pending completion of the required record checks.
    [2/24: 50-0]

    HF 2197 – Medical Residency Grants

    HF 2197 expands specified primary care practice areas to also include obstetrics, gynecology, family medicine, internal medicine and emergency medicine, in addition to psychiatry. The medical residency training state matching grants program requires that a residency program, including federal residency positions at the University of Iowa Hospitals and Clinics, offer residents the opportunity to participate in a rural rotation to expose them to rural areas of the state.
    [6/13: 49-0 (Hogg excused)]

    HF 2220– Definition of “young adult” for PALS program

    HF 2220 relates to the definition of “young adult” for purposes of participation in the preparation for adult living program (PALS). Those turning 18 that receive court-ordered care with a relative or another person with a significant relationship will be eligible for PALS. PALS assists young adults who are leaving foster care and other court-ordered services at 18 or older in making the transition to self-sufficiency.
    [6/10: 49-0 (Excused: Bisignano)]

    HF 2221 Local Board of Health membership

    HF 2221 allows health care professionals other than physicians to be members of local boards of health.
    [6/12: 49-0 (Excused: Hogg)]

    HF 2269 – Medicaid Elder Waiver Cap removed

    HF 2269 requires the Department of Human Services to eliminate the monthly budget maximum or cap for individuals eligible for the Medicaid home and community-based services elderly waiver. The department must track the average amount expended per waiver recipient each fiscal year beginning July 1, 2020, and report the information annually to the Governor and the Legislature by October 1.
    [6/4: 49-0 (Excused: Hogg)]

    HF 2485 – Number of children allowed in child care at one time

    HF 2485 directs the Department of Human Services to adopt rules allowing registered child development homes providing care to school-aged children to exceed the child-to-staff ratio when a school-aged child’s school starts late, is dismissed early, is canceled due to inclement weather or structural damage, or during a public health emergency. The child must already be enrolled at the child development home, and the number of children present cannot exceed the child development home’s registration capacity.
    [6/13: 47-0 (Excused: Green, Hogg, Lykam)]

    HF 2561 – Protections for recipients of anatomical gifts

    HF 2561 prohibits a hospital, physician or other person from determining the ultimate recipient of an anatomical gift based upon a potential recipient’s disability, except to the extent that the disability has been found by a physician, following a case-by-case evaluation of potential recipients, to be medically significant to the provision of the anatomical gift.
    [6/12: 48-0 (Excused: Feenstra, Hogg)]

  • Labor & Business Relations – All-Bill Summary 2020

    HF 2362—Unemployment Insurance Nonprofit Appeals

    HF 2362 treats reimbursable nonprofit employers the same as contributory employers for contesting their unemployment insurance reimbursement (the unemployment insurance tax rate for contributory employers). Previously, when a nonprofit got notice of the decision and how to pay, it had to go to district court to contest it. The bill changes that to an unemployment insurance administrative law judge.
    [6/10: 50-0]

    HF 2363—Landscaping Industry Unemployment Tax Rate

    HF 2363 adds landscaping employers to the construction unemployment tax rate. This is the highest rate in the tax table. This change will increase contributions to the Unemployment Trust Fund by approximately $683,000 annually.
    [6/10: 49-1 (No: Zumbach)]

    HF 2364—Injunction Upon Nonpayment

    HF 2364 adds clarifying language to injunctions regarding unemployment insurance. When businesses fail to provide reports and records to Iowa Workforce Development, they can cause workers to be ineligible for unemployment. Also, the bill modifies a reference to plans for liquidation of deficiencies.
    [6/10: 50-0]

    HF 2365—Notice of Unemployment Insurance Claim

    HF 2365 strikes language that notifications to interested parties for an unemployment benefits claims be made by ordinary mail. The interested parties will instead select a format specified by the department (which could be electronic or ordinary mail).

    The final bill also makes changes to unemployment insurance for the Voluntary Shared Work Program, which passed earlier in session. The program is designed for businesses that experience downturns and anticipate a layoff of at least 10% of their workforce. It allows a business to keep its employees by lowering the hours of the employees, instead of eliminating jobs. With HF 2365, a reduction in hours and corresponding reduction in wages must be applied equally to all employees in the affected unit for each week reported (italicize = new code language). An employer may appeal in writing within 30 days from the date of the decision. These provisions apply to all voluntary shared work plans approved by Iowa Workforce Development on or after the effective date of the bill.
    [6/10: 50-0]

    HF 2627—Professional Licensing

    HF 2627 narrows the ability of licensing and professional boards to disqualify individuals holding certain licenses because of a criminal conviction. In addition, the bill addresses the issuing of licenses, certifications or registrations without exams to those who have licenses in other states when they establish residency in Iowa.

    The bill allows (with certain exceptions) out-of-state individuals without licenses who relocate to Iowa to be issued a license without the required Iowa education and training requirements as long as they have three years of relevant work experience.

    Division II of the bill includes many provisions that are not relevant to licensing. Some items in Division II are from bills the Senate passed and the House did not take up. Some items are related to COVID-19 and the Governor’s Proclamations.

    Details of the bill:

    DIVISION I

    Disqualification provisions for criminal convictions

    • The bill eliminates certain subsections in Code chapters for electricians and plumbers regarding denying, revoking or suspending licenses based on certain crime convictions.
    • The bill narrows the ability of licensing and professional boards to disqualify individuals holding certain licenses because of a criminal conviction. For a conviction of a crime to serve as disqualification for a professional license, the offense must directly relate to the duties and responsibilities of the profession. “Offense directly relates to” means actions customarily performed within the scope of practice of a licensed profession or the circumstances under which an offense was committed are circumstances customary to a licensed profession. The Education Examiners can still deny a license due to a founded report of child abuse against the person.
    • A licensing board may grant an exception to disqualification for a license if the board determines by clear and convincing evidence that the applicant is rehabilitated and an appropriate candidate for licensure.
    • A person’s conviction of a crime maybe be grounds for a denial, revocation or suspension of a license only if unreasonable risk to public safety exists because the offense directly relates to the duties and responsibility of the profession and the appropriate license board or agency does not grant an exception. This applies to everyone under 272C (professional licensing—many different professional licenses fall under this chapter), but not to chapter 272 (educational examiners).
    • Petitions and new fee: Allows an applicant to petition the professional licensing board for a determination of whether the applicant’s criminal history results in the denial of a license before applying and allows the professional licensing board to charge a fee to the applicant for administrative work involving the petition. The fee cannot exceed $25.

    Reciprocity of licenses and recognition of work experience

    • (Section 26) Licensure of persons licensed in other jurisdictions: Requires that a professional or occupational license, certificate or registration be issued to a person without an examination if:
      • That person establishes residency in Iowa, or is married to an active-duty military member and is accompanying them on an official permanent change of station to a military installation in Iowa.
      • Certain conditions must be met to allow for licensing, certification or registration without examination in Iowa. Those conditions include similar scope of practice in the other jurisdiction, having been licensed or registered in the other jurisdiction for least a year, the other jurisdiction imposed minimum education requirements (not substantially equivalent to Iowa), the person does not have discipline imposed on them from a regulating entity, etc. This applies to individuals who come from states that require a license, a certification or registration for their profession; and applies to a license, certification, or registration issued by the professional boards covered by Chapter 272C, as well as to the Board of Educational Examiners.
    • (Section 27) A person applying for a professional license, certificate or registration in Iowa who relocates from another state that did not require a professional occupational license, certificate or registration to practice their profession/occupation may be considered to have met education, training or work-experience requirements in Iowa if they have three or more years of related work experience with a substantially similar scope of practice within the four preceding years as determined by the professional licensing board. If Code or administrative rules require a person applying for a professional occupational license, certificate or registration in this state to pass an exam, the applicant must do so. This does not apply to a license, certificate or registration issued by the boards of medicine, nursing, dental, pharmacy or education examiners.

    Fee Waiver

    • A licensing board must waive any fee for a license if the applicant’s household income does not exceed 200% of federal poverty guidelines, and it is the applicant’s first time applying in Iowa. 

    DIVISION II

    • Public records – allow for electronic examination in lieu of in-person.
    • Allows record request in writing, by telephone or electronic means – and cost accordingly.
    • Private security business does not include bails bond businesses.  This was a non-con part of SF 2372, a bill that was passed out of State Government but not taken up on floor.
    • Allows the Elevator Safety Board to reduce elevator fees for nonprofit associations. This was a non-con part of SF 2372, a bill that was passed out of State Government but not taken up on floor.
    • Eliminates the Hospital Licensing Board. This is SF 2327, which passed the Senate 49-0, but was not taken up in the House.
    • Amends the substance abuse treatment Code Chapter by allowing meetings with counsel or family and friends to be telephonically or electronically.
    • Allows personnel certified by BOEE to provide continuing education requirements online, if available.
    • Deer hunting licensing for out-of-state hunters – SF 2201, which passed the Senate 48-2 but wasn’t taken up in the House.
    • Allows real estate appraisers to complete contact hours under supervision in a bordering state, not to exceed 50% of the state requirement.
    • Architect exam flexibility – don’t have to retake modals you’ve already passed.
    • (Section 44) Repeals Travel Agent registration with Secretary of State requirement. This was SF 2133, which passed the Senate 32-17, but was not taken up by the House.
    • Covid Impact: Pushed back repeal of old immunization law. In 2018, a bill was passed that added Iowa Code 155A.46, allowing pharmacists to independently order and administer immunizations. Rules were needed from Medicaid to ensure pharmacists could bill for the immunizations. Rules were noticed this spring, but were delayed because of COVID-19. Pushing back the repeal of the old immunization law for one more year will provide time for education and to enroll with Medicaid, as well as to ensure there is no gap in coverage for Medicaid members who get immunizations at a pharmacy.
    • Covid Impact: School Physicals – extension on requirement for athletics until Dec. 31, 2020.
    • Covid Impact: Shareholder Meeting – allows tele meetings through Dec. 31, 2020.
      [6/13: 32-17, party-line (No: Democrats; Excused: Hogg)]

  • Natural Resources & Environment – All-Bill Summary 2020

    SF 280 – Armed forces residency for hunting, fishing, trapping

    SF 280 allows active-duty members of the armed services stationed and domiciled at the Rock Island Arsenal to qualify as Iowa residents for hunting, fishing and trapping privileges. Their spouses and dependents also qualify. This change would mirror legislation enacted in 2019 that allowed these service members to qualify as Iowa residents to register their dependent children in Iowa school districts.
    [6/5: 50-0)]

    HF 599 – Allowing non-resident youth to hunt without a license

    HF 599 would allow non-resident youth to hunt without purchasing a non-resident hunting license if they are accompanied by a licensed adult. Previously, the non-resident would need to purchase a non-resident hunting license to hunt with a licensed hunter. The bill is aimed to allow visiting non-resident youth to hunt with resident relatives when visiting the state. The bill is not restricted to that specific situation, however.

    An amendment clarifies that a nonresident youth would need to purchase a nonresident deer or wild turkey license if they were to hunt those animals.
    [6/13: 38-11 (No: Bolkcom, Boulton, Celsi, Dotzler, Giddens, Mathis, Petersen, Quirmbach, J. Smith, R. Taylor, T. Taylor, Absent: Hogg]  

    HF 716 – Firearms requirements for hunting deer

    HF 716 makes changes to existing law regarding restrictions on allowed firearms used when hunting deer. Previously, the Natural Resources Commission (NRC) had a number of rules to limit the firearms and ammunition used when hunting deer with pistols. Shoulder stocks and long-barrel modifications were prohibited when hunting with a pistol, and only center-fire, straight-wall ammunition was allowed.

    The bill eliminates those restrictions. Instead, handgun regulations would mirror federal regulations, meaning more types of firearms and attachments would be allowed. The bill would also restrict the NRC from adopting regulations on ammunition outside of stated limits on the size of the projectile. This would allow “necked down” cartridges that are not currently allowed under law.

    The bill also removes the prohibition on using a pistol for deer hunting by someone under 16. A person under 20 can now hunt deer using a pistol as long as they are accompanied by a responsible person with a hunting license who is at least 21.

    Firearms advocates are in favor of this legislation because they believe the previous law and rules unnecessarily restricted firearms and ammunition for hunting deer. Federal regulations were inconsistent with those state regulations, which were designed to encourage safe and ethical hunting behavior.
    [6/10: 37-13 (No: Bolkcom, Celsi, Giddens, Hogg, Jochum, Mathis, Petersen, Quirmbach, Rozenboom, Schneider, J. Smith, Wahls)]

    HF 2410 – Crossbow deer tags for seniors

    HF 2410 would lower the eligible age for a special senior statewide antlerless-only crossbow deer hunting license from 70 to 65.
    [6/13: 49-0 (Absent: Hogg)]

    HF 2455 – Tracking wounded deer using a dog

    HF 2455 would allow a licensed deer hunter to use a leashed dog to track and retrieve a wounded deer. The dog must remain under physical control of the hunter with a maximum leash length of 50 feet. The dog must be trained in deer-blood tracking.

    The use of dogs while hunting deer was previously prohibited because the state did not allow the use of dogs to chase or harass deer.
    [6/10: 48-1 (No: Celsi; Absent: Bisignano)]

    HF 2475 – Review of sewer and water distribution line extension by DNR

    HF 2475 would allow the permitting of sewer or water distribution system line extensions for local utilities when the utility retains a qualified licensed engineer who reviews the plans to ensure that they meet standards adopted by law. Legislation passed in 2019 allows this process for utilities that employ a qualified licensed engineer. This bill will address utilities that retain engineers for these services.
    [3/11: 46-0 (Absent: Breitbach, Brown, Feenstra, Hogg)]

  • State Government – All-Bill Summary 2020

    SF 155 – Removes prohibition on mobile barber shops

    SF 155 removes the prohibition on mobile barber shops. This bill was inspired by a barber who wanted to launch a mobile barbershop to better meet the needs of the homeless and others in Waterloo.
    [3/2: 49-0 (Excused: Wahls)]

    SF 2134 – Manufacturing canned cocktails

    SF 2134 allows a manufacturer of beer to obtain and possess alcoholic liquor to manufacture canned cocktails. Previously, a liquor manufacturer could make canned cocktails in a bottle, not a sealed can. Current Code has been interpreted to define all sealed cans as beer, so liquor manufacturers have been prohibited from using cans to avoid deviating from Iowa’s three-tiered system. Iowa liquor businesses can now manufacture in sealed cans.
    [2/6: 44-4 (No: Celsi, Costello, Guth, Hogg; Excused: Whiting, Zaun)]

    SF 2135 – Disinterment permits for cremated remains

    SF 2135 clarifies the Code regarding cremated remains. An Administrative Rule (ARC 4849C) would have exempted cremated remains from the requirement that a permit be issued for relocation of remains from the original site if the purpose is autopsy or burial. ARC 4849C would have gone into effect upon the adjournment of the 2020 session if the Legislature did not act on the rule. This bill is aimed at removing remains from cemeteries, but does not impact remains buried on private property because they do not have a public health burial permit. As signed into law, the bill clarifies the disinterment process, which mirrors the funeral director’s role under rules to supervise or administer, and adds additional consideration to include a person that has final rights or control, and any court order.
    [2/27: 46-3 (No: Dotzler, Hogg, R. Taylor; Excused: Miller-Meeks)]

    SF 2188 – Department of Homeland Security bill – hazard mitigation

    SF 2188 deals with hazard mitigation during a disaster emergency/flooding. Under the bill, if financial assistance for hazard mitigation/flood recovery is granted by the federal government (but not by a Governor’s proclamation), the state may participate in the funding of the financial assistance authorized to a local government in an amount not to exceed 10% of eligible expenses. In addition, if financial assistance is granted for state-related hazard mitigation, the state may participate in funding an amount not to exceed 50% of eligible expenses. Local governments must have a state-approved comprehensive emergency plan to participate.
    [3/2: 49-0 (Excused: Wahls)]

    SF 2268 – Raising age of vaping to 21

    SF 2268 increases the minimum age to buy and use tobacco, tobacco products, alternative nicotine products, vapor products and cigarettes from 18 to 21.
    [3/4: 43-6 (No: Carlin, Edler, Schultz, Sinclair, Zaun, R. Taylor; Excused: Rozenboom, Wahls)]

    SF 2357 – Scope of practice for physician assistants

    SF 2357 expands the scope of practice for physician assistants (PAs) in these ways:

    • PAs may prescribe, dispense, order, administer or procure prescription drugs for which they have been prepared by education, training or experience, and are competent to perform.
    • A physician may delegate the function of prescribing drugs, after the supervising physician determines the physician assistant’s proficiency and competence.
    • Includes physician assistants relating to the scope of recovery in an action for damages for personal injury and wrongful death.
    • Strikes the reference to a physician assistant examination that may be completed in lieu of graduation from an approved program.
    • A physician must be accessible at all times for consultation with a physician assistant. The supervising physician has ultimate responsibility for determining the medical care provided by the supervising physician-physician assistant team.
    • The bill also includes physician assistants as approved providers of health care services, including primary care for purposes of managed care or prepaid services contracts under the Medicaid program.
      [3/2: 49-0 (Excused: Wahls)]

    SF 2373– Public safety telecommunicators

    SF 2373 changes the term “telecommunicator” to “public safety telecommunicator,” and specifies that the term refers to a first responder who receives requests for, or dispatches requests to, emergency response agencies.
    [6/5: 49-0]

    HF 310 – Scope of practice for optometrists – injections

    HF 310 allows optometrists to administer sub-conjunctival injections for the medical treatment of the eye, intra-lesional injections for the treatment of chalazia, and injections to counteract an anaphylactic reaction. Previous law prohibited an optometrist from administering injections other than to counter an anaphylactic reaction. The bill prohibits an optometrist from administering any injection prior to receiving approval from the board. The board will not approve the use of injections by an optometrist, except for injections to counteract an anaphylactic reaction, unless the optometrist demonstrates sufficient educational or clinical training from or equivalent to an accredited college or university. As signed into law, the bill also allows Botox injections.
    [3/3: 41-8 (Excused: Wahls)]

    HF 2238 – Unlicensed food stands by minors

    HF 2238 says that a municipality must not adopt or enforce an ordinance that requires a license, permit, or fee to sell or otherwise distribute food at a stand operated by a minor. The bill:

     [6/13: 47-0 (Excused: Hogg, Lykam, Greene)]

    HF 2259 – Human trafficking prevention lodging certification for state employees

    HF 2259 requires the Office to Combat Human Trafficking (OCHT), in collaboration with other relevant partners, to develop a human trafficking prevention training program. Lodging providers within the state may choose to voluntarily participate in the training. The Commissioner of Public Safety must develop and maintain a way to certify a lodging provider’s voluntary completion of human trafficking prevention training by December 31, 2021.

    The bill specifies that a public employer or a public employee must confirm a lodging provider’s current certification status prior to using any public funds for or at that establishment. This applies to all public funds expended on or after January 1, 2022. Under the bill, a lodging provider’s employee who acts in good faith is immune from civil liability for reporting suspected human trafficking to law enforcement. There is a fiscal note of $156,000 for FY21 and $137,000 for FY22 for the Department of Public Safety.
    [6/10: 49-0 (Excused: Bisignano)]

    HF 2267 – Regulation of dental hygienists and dental assistants

    HF 2267 removes the requirement that services performed by a dental hygienist or dental assistant be performed in a dental office, public or private school, public health agency, hospital or armed forces facility. The bill allows the dental board to impose an administrative penalty of up to $500 on licensees who practice without the proper license, registration or qualification. The bill allows a dental assistant, with additional training, to perform expanded functions and participate in dental radiography. The bill prohibits a dental assistant from placing sealants on teeth unless the dental assistant has completed expanded training accredited by the Commission on Dental Accreditation.
    [3/4: 48-0 (Excused: Rozenboom, Wahls)]

    HF 2389 – Administrative Code Editor’s technical clean up

    HF 2389 is the Administrative Code Editor technical clean-up bill that allows the Editor the authority to update agency address rather than requiring those changes to go through the rules process. It requires a fiscal impact for any rule that costs more than $100,000 or combined expenditures of at least $500,000 within five years. This conforms the Code to current practice. The bill consolidates the rule delaying Code sections and aligns committee membership with General Assembly service terms. The bill makes other technical changes in timeframes for committee action and agency reporting.

    [6/13: 49-0 (Excused: Hogg)]

    HF 2412 – Refines the definition of public improvement

    HF 2412 refines the definition of “public improvement” to allow a city utility to perform work on their own system or have a third party perform work without the need to bid out certain projects. Public improvement includes construction, repair or maintenance work performed for a city utility, when the work is performed by its employees or relates to existing utility infrastructure.

    [6/13: 47-0 (Excused: Hogg, Lykam, Greene)]

    HF 2486 – Treasurer’s Seal/Voter Suppression

    HF 2486 relates to the design and use of county seals. Under current law, a county treasurer must keep the official county seal. The bill strikes the requirement that the county seal include the word “treasurer.” Republicans took this a one-sentence, non-con bill about the design of county seals and replaced it with divisive voter suppression changes.

    Key points include:

    1. Striking the requirement for the printed name, signature, address and phone number of the person responsible for circulating the petition page for nomination papers.
    2. SOS Emergency Powers: The state commissioner’s decision to alter any conduct for an election using emergency powers must be approved by the legislative council. If the legislative council does not approve the secretary of state’s use of emergency powers to conduct an election, the legislative council may choose to present and approve its own election procedures or choose to take no further action.   
    3. Prohibiting county auditors from reducing polling locations by more than 35%.
    4. Allowing alternate electors and requires any elector to vote for presidential nominee.
    5. Fixing county hospital trustee or township trustee language.
      [6/13: 31-16 (Excused: Hogg, Lykam, Greene)]

    HF 2540 – Creation of a charity wine, beer or spirits permit

    HF 2540 creates a charity wine and beer event permit for a charity event held by a nonprofit. An authorized nonprofit can hold a charity event and serve attendees beer, spirits and wine, regardless of whether the entity charges an admission fee to the event or collects the cost of the beer, spirits and wine served from the event’s attendees. An application for a charity beer, spirits and wine event permit must include the location, date and time when the event is to be conducted. A certification that proceeds from the charity beer, spirits and wine event are solely for educational, religious or charitable purposes must be displayed.

                      Additional highlights of the bill as adopted include:

    • HF 2514, which passed the House 98-0 on March 12, allowing for the sale of wine in containers no larger than 72 ounces (growler). This applies to a person holding a class “B” wine permit, class “B” native wine permit and a class “C” native wine permit.

    HF 2565 – Setoff enforcements move from DAS to DOR

    HF 2565 moves the setoff procedures administered by the Department of Administrative Services to the Department of Revenue. This change was requested by both departments. The bill also includes changes to modernize, update and increase efficiency of the offset program.
    [6/5: 49-0]

    HF 2585 – Deaf and hard-hearing terminology modernization

    HF 2585 replaces the term “deaf” with “deaf or hard of hearing” or “deaf and hard of hearing” and the term “hearing impaired” with “hard of hearing.”
    [6/13: 47-0 (Excused: Hogg, Lykam, Greene)]

    HF 2623 – Establishes set off procedures for gambling winnings

    HF 2623 makes everyone subject to the setoff if winnings must be reported on Internal Revenue Service form W-2G for gambling winnings. The requirements to file the form depend on the amount of winnings and the type of wager: $1,200 on bingo or slots; $1,500 on keno (reduced by wager); $5,000 on poker tournament (reduced by wager); and $600 on other gambling winnings when the payout is at least 300 times the amount of the wager.

    The bill also amends provisions relating to qualified sponsoring organizations (QSO) licensed to operate gambling games. Members of the board of directors of a QSO must be residents of the state and the board must include a member of the county board of supervisors and city council of each county and city that has a licensed facility as ex officio nonvoting members. Selection of nonvoting members is at the option of the county or city, and the ex officio members are not be required to enter into a nondisclosure agreement. The QSO and an organization that receives contributions from the QSO to distribute grants must conduct and submit to the Iowa Racing and Gaming Commission an audit on the organization’s activities.

    The bill clarifies that credit cards cannot be used for gambling in the fantasy sports and sports betting games that the Legislature established in 2019. Credit cards are not allowed for any other gambling opportunity in Iowa.
    [6/5: 48-0 (Absent: Zaun, Zumbach)]

    State Government Items in Other Bills

    HF 2643 – Omnibus Budget Bill – Absentee Ballot Changes

    Changes were added to the budget bill on the last day of session to make it harder for Iowans to vote by mail. It provides new identification requirements and does not allow county auditors to use verified information to fill in missing details on an absentee ballot request.

    HF 2627—Professional Licensing (Labor Committee)

    HF 2627 narrows the ability of licensing and professional boards to disqualify individuals holding certain licenses because of a criminal conviction. In addition, the bill addresses the issuing of licenses, certifications or registrations without exams to those who have licenses in other states when they establish residency in Iowa.

    The bill allows (with certain exceptions) out-of-state individuals without licenses who relocate to Iowa to be issued a license without the required Iowa education and training requirements as long as they have three years of relevant work experience.

    Division II of the bill includes many provisions that are not relevant to licensing. Some items in Division II are from bills the Senate passed and the House did not take up. Some items are related to COVID-19 and the Governor’s Proclamations.

    Details of the bill:

    DIVISION I

    Disqualification provisions for criminal convictions

    • The bill eliminates certain subsections in Code chapters for electricians and plumbers regarding denying, revoking or suspending licenses based on certain crime convictions.
    • The bill narrows the ability of licensing and professional boards to disqualify individuals holding certain licenses because of a criminal conviction. For a conviction of a crime to serve as disqualification for a professional license, the offense must directly relate to the duties and responsibilities of the profession. “Offense directly relates to” means actions customarily performed within the scope of practice of a licensed profession or the circumstances under which an offense was committed are circumstances customary to a licensed profession. The Education Examiners can still deny a license due to a founded report of child abuse against the person.
    • A licensing board may grant an exception to disqualification for a license if the board determines by clear and convincing evidence that the applicant is rehabilitated and an appropriate candidate for licensure.
    • A person’s conviction of a crime maybe be grounds for a denial, revocation or suspension of a license only if unreasonable risk to public safety exists because the offense directly relates to the duties and responsibility of the profession and the appropriate license board or agency does not grant an exception. This applies to everyone under 272C (professional licensing—many different professional licenses fall under this chapter), but not to chapter 272 (educational examiners).
    • Petitions and new fee: Allows an applicant to petition the professional licensing board for a determination of whether the applicant’s criminal history results in the denial of a license before applying and allows the professional licensing board to charge a fee to the applicant for administrative work involving the petition. The fee cannot exceed $25.

    Reciprocity of licenses and recognition of work experience

    • (Section 26) Licensure of persons licensed in other jurisdictions: Requires that a professional or occupational license, certificate or registration be issued to a person without an examination if:
      • That person establishes residency in Iowa, or is married to an active-duty military member and is accompanying them on an official permanent change of station to a military installation in Iowa.
      • Certain conditions must be met to allow for licensing, certification or registration without examination in Iowa. Those conditions include similar scope of practice in the other jurisdiction, having been licensed or registered in the other jurisdiction for least a year, the other jurisdiction imposed minimum education requirements (not substantially equivalent to Iowa), the person does not have discipline imposed on them from a regulating entity, etc. This applies to individuals who come from states that require a license, a certification or registration for their profession; and applies to a license, certification, or registration issued by the professional boards covered by Chapter 272C, as well as to the Board of Educational Examiners.
    • (Section 27) A person applying for a professional license, certificate or registration in Iowa who relocates from another state that did not require a professional occupational license, certificate or registration to practice their profession/occupation may be considered to have met education, training or work-experience requirements in Iowa if they have three or more years of related work experience with a substantially similar scope of practice within the four preceding years as determined by the professional licensing board. If Code or administrative rules require a person applying for a professional occupational license, certificate or registration in this state to pass an exam, the applicant must do so. This does not apply to a license, certificate or registration issued by the boards of medicine, nursing, dental, pharmacy or education examiners.

    Fee Waiver

    • A licensing board must waive any fee for a license if the applicant’s household income does not exceed 200% of federal poverty guidelines, and it is the applicant’s first time applying in Iowa. 

    DIVISION II

    • Public records – allow for electronic examination in lieu of in-person.
    • Allows record request in writing, by telephone or electronic means – and cost accordingly.
    • Private security business does not include bails bond businesses.  This was a non-con part of SF 2372, a bill that was passed out of State Government but not taken up on floor.
    • Allows the Elevator Safety Board to reduce elevator fees for nonprofit associations. This was a non-con part of SF 2372, a bill that was passed out of State Government but not taken up on floor.
    • Eliminates the Hospital Licensing Board. This is SF 2327, which passed the Senate 49-0, but was not taken up in the House.
    • Amends the substance abuse treatment Code Chapter by allowing meetings with counsel or family and friends to be telephonically or electronically.
    • Allows personnel certified by BOEE to provide continuing education requirements online, if available.
    • Deer hunting licensing for out-of-state hunters – SF 2201, which passed the Senate 48-2 but wasn’t taken up in the House.
    • Allows real estate appraisers to complete contact hours under supervision in a bordering state, not to exceed 50% of the state requirement.
    • Architect exam flexibility – don’t have to retake modals you’ve already passed.
    • (Section 44) Repeals Travel Agent registration with Secretary of State requirement. This was SF 2133, which passed the Senate 32-17, but was not taken up by the House.
    • Covid Impact: Pushed back repeal of old immunization law. In 2018, a bill was passed that added Iowa Code 155A.46, allowing pharmacists to independently order and administer immunizations. Rules were needed from Medicaid to ensure pharmacists could bill for the immunizations. Rules were noticed this spring, but were delayed because of COVID-19. Pushing back the repeal of the old immunization law for one more year will provide time for education and to enroll with Medicaid, as well as to ensure there is no gap in coverage for Medicaid members who get immunizations at a pharmacy.
    • Covid Impact: School Physicals – extension on requirement for athletics until Dec. 31, 2020.
    • Covid Impact: Shareholder Meeting – allows tele meetings through Dec. 31, 2020.
      [6/13: 32-17, party-line (No: Democrats; Excused: Hogg)]

    **HF 2556 – Veto of Sale of Government Property

    House Original Passage: 97-0, March 4, 2020
    Senate Passage (amended): 33-14, June 13, 2020
    House Passage (as amended by Senate): 52-40, June 14, 2020
    Total Dollars Vetoed: $0
    Vetoed: June 30, 2020

    Background

    HF 2556 is a government purchase or lease oversight bill. First, the bill requires prior written notice of any property purchase or lease to the Legislative Services Agency (LSA). LSA must submit the notification to the Legislature’s Government Oversight Committee.

    Second, at least 30 days prior to entering into a contract for a lease renewal of $50,000 or more, the state agency must notify LSA and the Government Oversight Committee. The report must contain a description of the buildings and office space; proposed terms of the contract; cost of the contract; source of payment of the contract; and an analysis of the consequences of delaying or abandoning the contract. 

    The Senate and House agreed to the following strike-all amendment:

    • Division I is the original bill, HF 2556.
    • Division II is essentially SF 2326, dealing with the sale of public property and is amended to provide that if real property belonging to the state or a local political subdivision is disposed of, the property must be sold to the highest responsive, responsible bidder, unless the executive council, by at least a two-thirds vote, agrees to accept a different bidder for good cause.
    • Division III concerns official publications for bids. Official proceedings must be published in the newspaper with the largest number of yearly subscribers within the county, or located within 25 miles of the border of the county. If no newspaper meets either requirement, the applicable governing body may waive the requirement and designate the closest located newspaper.
      [6/13: 33-14, party-line (Yes: Republicans, Boulton, Quirmbach; Excused: Greene, Hogg, Lykam)]

    Veto — Governor’s Justification

    The Governor seemed to support the original portions of the bill dealing with transparency in leasing. However, she did not approve of the prohibition of or the proposed two-thirds majority vote required for selling property to other than the highest bid. Her veto message argues that factors other than price may determine to whom a property should be sold.

    The Governor’s veto message reads:

    I hereby transmit House File 2556, an Act concerning governmental real property and official publications.

    House File 2556 contains a number of provisions with which I have no objection. But Division 1 of the bill imposes new requirements on local governmental bodies and the State of Iowa prohibiting the sale of real property unless it is sold “to the highest responsive, responsible bidder” or the governmental body, by a two-thirds vote, approves a different bidder for “good cause” or a different process.

    I understand the concern that a governmental body may occasionally make a decision to sell property with which many of its constituents disagree. But I am not convinced that this bill is the appropriate solution.

    Governmental bodies may reasonably conclude that factors other than price — such as a potential developer’s jobs and economic impact, environmental cleanup, or improvements to the property and infrastructure — should determine to whom a property should be sold. And imposing a two-thirds vote requirement to make this choice would unnecessarily complicate a local government’s decision making and could unintentionally hurt redevelopment and economic growth efforts in our state. I am also concerned that the new language lacks clarity and could lead to litigation, confusion, and unintended consequences surrounding governmental real estate transactions even where a unaniilu0us vote approves of the transaction.

    For these reasons, I respectfully disapprove of House File 2556 in its entirety.

  • Veterans Affairs – All-Bill Summary 2020

    SF 280 – Armed forces residency for hunting, fishing, trapping

    SF 280 allows active-duty members of the armed services stationed and domiciled at the Rock Island Arsenal to qualify as Iowa residents for hunting, fishing and trapping privileges. Their spouses and dependents also qualify. This change mirrors legislation enacted in 2019 that allowed these service members to qualify as Iowa residents to register their dependent children in Iowa school districts.
    [6/5: 50-0)]

    SF 388 – ‘Iowa Medal of Honor’ Highway

    SF 388 designates the segment of U.S. Highway 20 between Sioux City and Dubuque as the “Iowa Medal of Honor Highway.” The Department of Transportation will adopt rules to provide for an application, approval, and inspection process for the purchase and installation of signs by private entities indicating the designation. All costs and expenses will be paid by the private entity whose application is approved. The Department may approve more than one application. Any sign placed must include a depiction of the three versions of the U.S. Medal of Honor for the Army, Navy and Air Force. The American Legion of Iowa worked in coordination with similar efforts in the 11 other U.S. Highway 20 states. The route stretches between Oregon and Massachusetts.
    [6/10: CONCUR 49-0 (Absent: Feenstra)]

    HF 717 – Veterans preference appeal rights

    HF 717 expands the time for a veteran to appeal a hiring or demotion decision based on the veterans preference law and requires certain information to be provided to veterans regarding the program. It mirrors Iowa Civil Rights Commission timelines under Code Ch. 35C:

    • Duty to Investigate and Appoint (35C.3) – When information is sent to a veteran regarding refusal to employ, under code 35C, it must include information on the right for judicial review, the right to an appeal and the time to file an appeal.
    • Mandamus-Judicial Review (35C.4) – An action for judicial review must be filed within 300 days after refusal to allow preference, or a reduction in salary or position with the intent to bring about the resignation or discharge of the veteran.
    • Veterans Preference-Removal-Certiorari-Judicial Review (35C.6) – If a veteran is removed from their position of employment, they must be given written notice of the right for a review. The review must be filed within 300 days.

    HF 717 passed the House 98-0.
    [6/5: 49-0 (Absent: Zumbach)]

    HF 2236 – Prohibits county recorders from charging fee to examine, copy veterans records

    HF 2236 provides that a county recorder cannot charge a fee for examining or copying public records needed to complete and file claims for veterans benefits with the Iowa Department of Veterans Affairs or the U.S. Department of Veterans Affairs. The Iowa State Association of Counties supports the proposal. The bill passed the House 96-0.
    [6/5: 49-0 (Absent: Zumbach)]

    HF 2312 – IVH admission eligibility affidavits

    HF 2312 repeals the requirement that an individual applying for admission to the Iowa Veterans Home file an affidavit signed by two members of the commission of veteran affairs of the county in which the person resides relating to eligibility requirements for admission. The Iowa Commission of Veterans Affairs is in favor of the proposal. The bill passed the House 96-0.
    [6/3: 49-0 (Absent: Hogg)]

    HF 2382 – Confidentiality of veteran information when applying for tax credits

    HF 2382 states that the name and address of individuals allowed a disabled veteran tax credit or a military property tax exemption and maintained by the county recorder, county assessor, city assessor or other entity are confidential. Those entities may share this confidential information upon request to a county veterans service officer for purposes of providing information on benefits available to veterans and their families.

    Previously, the names and addresses of veterans who receive disabled veteran tax credits or military tax credits were not protected, and businesses or individuals would ask for a “roll-out” of all names and addresses. Most of these requests are for solicitation purposes, and some may be unscrupulous people who prey on elderly, disabled and retired servicemembers or their surviving spouses. The Iowa State Association of Counties, Iowa Commission of Veterans Affairs and the Iowa County Recorders Association support the legislation. The bill passed the House 98-0.
    [6/3: 49-0 (Absent: Hogg)]