SF 314 – DAS technical bill expanding designee authorizing ability

SF 314 will allow an executive branch department director to authorize a designee to approve electronic travel authorization request forms.
[2/23: 48-0 (Excused: Nunn, Shipley)]

SF 185 – Repeals the Missouri River Preservation and Land Use Authority

SF 185 repeals the Missouri River Preservation and Land Use Authority. According to the Iowa Department of Natural Resources (DNR), this Authority hasn’t met in 20 years, and there is no money in the fund. There was no history of any appropriation made since it was created in 1991.

This work is done through the DNR, which has a license agreement with the U.S. Army Corps of Engineers’ Omaha Division. The agreement grants the DNR Wildlife Bureau management of these areas to conserve and enhance fish and wildlife habitat and provide recreational opportunities to the public. As part of the license agreement, the DNR develops a five-year plan and annual management plans. The work outlined in these management plans will enhance fish and wildlife resources and public access for recreation on wildlife areas owned by the Corps.

In addition to the efforts on public lands, the DNR Wildlife Bureau maintains a Private Lands Program with a focused effort to enroll landowners in conservation programs across the state in areas such as the Missouri River Alluvial Plain. The DNR coordinates its efforts with those of the Natural Resources Conservation Service, Farm Service Agency, Soil and Water Conservation Districts, County Conservation Boards, local entities and partner organizations.
[2/3: 35-11 (No: Boulton, Celsi, Dotzler, Giddens, Jochum, Quirmbach, Ragan, J. Smith, T. Taylor, Trone Garriott; Excused: Hogg, Lykam, Nunn; 1 vacancy)]

SF 315 – Eliminates certain reporting requirements for DAS

SF 315 strikes the requirement for the Department of Administrative Services (DAS) to file biennial reports in even-numbered years as soon as practicable and on standardized forms furnished by the Department of Management. The bill removes the requirement that DAS submit an annual report to the Legislature and Legislative Services Agency (LSA) on activities funded by and expenditures made from an internal service fund. The bill strikes the requirement that DAS provide a monthly report on the Revitalize Iowa’s Sound Economy (RISE) fund.
[2/17: 48-0 (Excused: Hogg, Nunn)]

SF 336 – Blood, bone marrow and living organ donation incentive program

SF 336 amends the provisions of the bone marrow and vascular organ donation incentive program to instead provide for a blood, bone marrow and living organ donation incentive program. The bill allows a state employee requesting a leave of absence to serve as a vascular organ donor to instead serve as a living organ donor. The bill also includes new provisions to allow a state employee to be granted a leave of absence of up to two consecutive hours in a workday if the employee requests a leave of absence to serve as a blood donor, and the employee provides written verification from the employee’s physician or the facility involved with the blood donation. An employee may submit a request for a leave of absence to serve as a blood donor no more than four times in a year.
[3/22: 48-0 (Absent: Kinney, Nunn)]

SF 413 – Voter Suppression and penalties for county auditors 

SF 413 is the Republicans’ 2021 voter suppression bill. The bill contains many provisions that make early voting harder for Iowans, make it more difficult for county auditors to conduct elections, increase the likelihood of mass voter roll purges, give the Secretary of State (SOS) broad and expanded authority to penalize county auditors, and reduce satellite voting opportunities and ballot drop boxes.

Absentee Ballots and Voting Restrictions

• Moving the poll closing time from 9 p.m. to 8 p.m.
• Cuts by 50 days (from 120 to 70) the time a voter has to request a vote-by-mail ballot.
• Lowers the number of early voting day from 29 to 20. Twenty days would leave almost no room to correct technical ballot errors for Iowans voting by mail. Voted ballots must be received by the county auditor by 8 p.m. on Election Day. No longer will voted ballots be accepted if mailed before Election Day but not received by Election Day.
• No vote-by-mail requests can include any pre-filled-out information besides the date of election.
• Prohibits ballot pick up or delivery from someone who is not in the same household, an immediate family member or a caretaker, though this assistance is allowed for hospitals, long-term care facilities and registered Safe at Home participants.
• Registration and vote-by-mail requests must be received 15 days before the election (maintains Election Day registration), up from 10 days. If an auditor receives an absentee ballot request after the 15-day deadline, they must notify the voter that they won’t get an absentee ballot.
• Prohibits absentee ballots that were mailed before Election Day from counting if they were not received by 8 p.m. This would have eliminated 6,500 legal ballots from being counted in the 2020 election.
• Removes barcode and postmark information from Code as eligibility determinants for ballots to be counted.
• Overseas, hospitals, long-term facilities voters/ballots will still count if postmarked or barcoded to denote they was mailed before Election Day but received after Election Day. Overseas voters will still have the federally required 52 days for absentee voting. 
• Prohibits anyone from correcting their ballot after 8 p.m. on Election Day. 
• Prevents auditors from establishing satellite voting locations without petitions. 

Auditor Restrictions/ SOS Powers/Penalties

• Auditors deemed not doing their official duty can now be charged with a class “D” felony.
• SOS can impose a fine up to $10,000 on an auditor for a technical infraction. An auditor may be suspended for two years for failing to pay the fine.
• Police and State Patrol are authorized to take “reasonable” actions to prevent violation of the canvass of votes.

Voter Registration

• Voter registration “verification” must be completed in the first quarter of each year. 
• SOS can contract with a private third party for list maintenance.
• A voter may have their voter registration canceled (changed to inactive) for not voting in the previous General Election year and having a piece of mail determined non-deliverable.

Ballot Drop Boxes

• Only one per county, and it must be in the office of the auditor.
• Video surveillance must monitor all activity while the ballot box is in place. The ballots must be retrieved no less than four times a day, and the county auditor must maintain a log of each time the ballots are retrieved.

Miscellaneous Provisions

• Republicans have gone to great lengths to make it more difficult for Libertarians or other eligible third parties to get on the ballot by making changes regarding nominations and signature requirements.
• Prohibits a person on the ballot from helping someone who is physically disabled, blind or cannot read English with their ballot.
  [2/23: 30-18 (Excused: Nunn, Shipley)]

SF 424 – Apprenticeship and certain professional licensure requirements

SF 424 requires licensing boards in 272C.1 to grant a license to a person who completes an apprenticeship program that meets federal requirements. Licensing boards may impose the same exams and fees for apprenticeship applicants as those who completed an educational program. A board cannot require an applicant to complete more hours of apprenticeship training than the number of hours of education required in an educational program. The bill takes effect January 1, 2022.

The bill does not change the provisions for apprenticeship programs for licenses for electricians and electrical contractors or for plumbers, mechanical professionals and contractors. The bill does not apply to fire extinguishing and alarm systems contractors or fire protection system installers.
[4/13: 46-0 (Excused: Hogg, Lofgren, Nunn and Rozenboom)]

SF 517 – Schools must award credit, excuse PE for legislative pages

SF 517 directs school districts and accredited nonpublic schools to award a credit of one-half unit of the three units of social studies credit required for graduation, to students who participate in the legislative page program at the state Capitol. The bill also exempts a student is from physical education (PE) requirements while participating in the legislative page program.
[3/29: 44-1 (No: Bisignano; Excused: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]

SF 541 – Smart contracts in ledger technology

SF 541 modifies the Uniform Electronic Transactions Act by permitting the use of “distributed ledger technology” and “smart contracts” in electronic transactions. The bill allows this new technology to facilitate the use of electronic transactions in commerce by giving legal recognition to electronic records, signatures and contracts. The bill is technology neutral, which will be useful as technology changes in the future. The bill is effective January 1, 2022.
[5/5: 48-0 (Excused: Hogg, Nunn)]

SF 568 – Public measures election and voting bill

SF 568 relates to the conduct of elections, including nominations and procedures for proposed amendments to the Iowa Constitution. It also includes changes to SF 413 (GOP voter suppression bill), passed earlier in the session.

Voter Registration Cancellation: Prohibits sending a voter a notice and return card for the purpose of cancelling or making a voter inactive if the registered voter was not 18 years old for the previous General Election.

Provision Ballot: Clarifies that the new absentee ballot deadline does not apply to those who are eligible to reconcile their provisional ballots.

Absentee Request Forms: Requires voter to date and sign absentee ballot requests forms.

Satellite Voting:

Allows a valid petition for satellite voting to be rejected within four days if any of these apply:

1. The site is not accessible to elderly and disabled voters.
2. The site has physical limitations that make it impossible to meet ballot security and secret voting provisions.
3. The owner of the site refuses.
4. After a reasonable effort, the auditor cannot find staff to ensure compliance with law.

If the petition asks for satellite voting location in a city runoff election and a special election is held between the date of the regular city election and the city run-off election, the petition may be denied. A petition also may be denied if the owner of the site demands payment.

If a county auditor receives two petitions for the same precinct, they may establish only one satellite voting location.

Ballot Courier Language:

A person who returns a ballot for a registered voter also must be a registered voter in Iowa. A person must be an immediate family member, which is defined as a someone within the fourth degree of consanguinity (a first cousin once removed or great-great grandparent). The delivery agent may only return a ballot so long as the person they are delivering for cannot deliver the ballot on their own due to blindness or disability.

A person cannot deliver a ballot for someone if they are the voters’ employer, an officer or agent of the registered voter’s union, or a person acting as an actual or implied agent for a political party, or a candidate or member of a candidate’s committee.

A delivery agent must fill out a form or receipt as prescribed by the Secretary of State. A delivery agent may deliver up to two ballots per election. The delivery agent cannot return the ballot to a mailbox or drop box, and must return it to the county auditor’s office, present an ID and sign a statement that they are eligible to return the ballot.

After Election Activities: The bill requires ballots to be returned to the auditor on the night of the election and allows election results to be returned by telephone only at the request of the county commissioner.If election results are communicated in person, two precinct election officials or an individual designated by the commission (including but not limited to state or local law enforcement) must return the election results and voting equipment memory device to the auditor in a sealed envelope signed by each precinct election official on the night of the election. The two precinct election officials will be of different political parties in the case of a partisan election. The bill requires a third precinct election official to return the ballots and election register to the county commissioner.

Secretary of State: SOS must order election audits prior to all elections other than General Elections, effective January 1, 2022.SOS must develop an Internet application to allow voters to track their absentee ballot requests and ballots by February 26, 2024. The system must also inform a voter of an error in their application or ballot that requires correction.

Public Measures/Elections Changes: Adds the first Tuesday after the first Monday in November of an even-numbered year as an available date for a county to hold a special election on a public measure. This does not apply to cities or school districts. 

Constitutional Amendments/Petitions: Requires the constitutional convention question, which must be on the ballot every decade, to be treated the same as a public measure on a ballot.

Holding Two Offices/Vacancies: Allows an elected official to be elected to and simultaneously serve in a second office for not more than 30 days. If a person is elected to multiple incompatible offices and doesn’t resign from one, the vacancy will be in the first office to which the person was elected. Ballot vacancy provisions of the bill are effective January 1, 2022.

Filing/Withdrawal Deadlines: Changes the deadline for filing and withdrawing nomination papers for primary elections, as well as for filing objections to the nominations of candidates; changes the timeline for replacing a candidate who withdraws from a primary or General Election, or dies; requires a ballot for president and vice-president of the United States to disclose that a vote for such candidates is a vote for the slate of electors selected by the organization nominating such candidates.

Nomination Papers: Makes multiple changes to signature requirements for county and city office nomination papers.

Standing in Court: Gives political parties and non-political parties standing to bring certain actions in court, and gives them standing to intervene in certain actions brought by others.
[3/17: 30-17 (No: Democrats; Excused: Goodwin, Hogg, Nunn); 5/19: 29-17 (Excused: Hogg, Johnson, Nunn, Williams)]

HJR 5 – Abortion Constitutional Amendment

HJR 5 is a joint resolution to amend the Constitution of the State of Iowa by specifying that the Constitution does not recognize, grant or secure a right to abortion or require funding for abortion. A joint resolution must be adopted by two consecutive General Assemblies before being submitted to the electorate for ratification. If ratified, the Iowa Constitution would no longer protect a woman’s fundamental right to make decisions for herself.
[4/6: 30-17, party-line (Excused: Hogg, Nunn, Schultz)]

HJR 10 – Allow ABATE to sell on State Capitol complex during rally

HJR 10 authorizes ABATE to sell commemorative t-shirts, sweatshirts, lapel pins and patches on the State Capitol complex grounds during motorcycle rallies and toy runs hosted by ABATE of Iowa District 4 prior to the 90th General Assembly without first receiving approval from the Department of Administrative Services, but subject to proof of an applicable permit. DAS will remove the language from their Memorandum of Understanding so that there’s no need for legislative approval moving forward.
[4/6: 46-0 (Excused: Hogg, Dawson, Nunn, Schultz)]

HF 284 – Professional engineer licensure modification

HF 284 eliminates the requirement that applicants for licensure as a professional engineer show necessary practical experience in engineering work prior to taking an examination designed to determine their proficiency and qualifications to engage in the practice of engineering. The bill does not alter other experience requirements for such applicants.
[4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

HF 285 – Music therapist required to be credentialed

HF 285 requires a music therapist to hold a music therapist board-certified credential granted by the certification board for music therapists. This is not a new license but a profession protection bill. The bill does not prohibit a person from using music in the performance of the person’s profession if the person does not represent that they are a music therapist. A person who recklessly, knowingly or intentionally violates the bill is guilty of a simple misdemeanor, punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or by both. 
[4/28: 44-4 (No: Brown, Carlin, Klimesh, Williams; Excused: Nunn, Schultz)]

HF 311 – Social and charitable gambling expansion

HF 311 allows a licensed qualified organization to conduct one game night per calendar month so long as other application and authorization requirements are met. Previously, licensed qualified organizations could only conduct one game night per calendar year. “Educational, civic, public, charitable, patriotic, or religious” are some of the organizations that would be impacted by this change.
[4/7: 42-2 (No: Costello, Rozenboom; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

HF 313 – Minor businesses exempt from permit, license or fee requirements

HF 313 would prevent any city or county from requiring a permit, license or fee for a business operated by a minor. The bill defines “eligible” business as on-site transactional business operated on an occasional basis for no more than 89 days in a year that is “traditionally” operated exclusively by a person under 18, that they are not prohibited by law from operating. Last General Assembly, the Legislature passed HF 2238, which prevented a municipal corporation from requiring any license, permit, or fee to sell or otherwise distribute food at a stand operated by a minor. “Stand operated by a minor” means a stand or other facility operated by those under 18, at which food is sold directly to consumers that is not time/temperature controlled for safety or an alcoholic beverage, and that operates on a temporary and occasional basis on private property with the permission of the owner of the property.
[5/17: 45-0 (Excused: Goodwin, Johnson, Nunn, Schultz, Williams)]

HF 314 — Notifications to Legislature concerning state government leases

HF 314 establishes notice requirements relating to certain leases or purchases of real property by Department of Administrative Services (DAS) or Executive Branch authority. The Executive Branch must provide prior written notice to the Legislative Services Agency (for Government Oversight Committee review) of any purchase or lease of real property, other than on a temporary basis, to implement programs. DAS must provide LSA information for Government Oversight Committee review on contracts for leases in which any part or the total amount of a contract is at least $50,000.
[4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]

HF 384 – Takeout alcohol for bars and restaurants

HF 384 addresses liquor control licenses to clarify that bars and restaurants can sell “original unopened” alcohol containers for off-premises consumption; clarifies that mixed drinks or cocktails must be properly sealed to avoid being considered “opened containers” under Iowa law; and conforms selling hours starting at 6 a.m. for all days of the week. There will be no difference in Sunday sales hours, but a special permit will still be required for an establishment to sell on Sundays. A native distillery, beer/wine wholesaler, native brewery or native winery may be granted not more than two licenses to consume beverages on premises.
[5/5: 45-3 (No: Celsi, Costello, Guth; Excused: Hogg, Nunn)]

HF 429 – Lottery operations

HF 429 focuses on several security-related aspects of the lottery’s operations. Some of the details in the bill are designed to state these security provisions in plain language and come, in part, at the suggestion of local prosecutors and law enforcement who believe that greater clarity in Iowa Code could assist their work. Other changes in the bill are in reaction to Iowa Lottery experiences and lottery industry trends.

The bill amends the definition of “retailer” to mean a person who sells lottery tickets, and not just a contract, issued by the lottery authority. It amends the lottery prize section, clarifying that the lottery must only pay prizes for tickets or shares that were legally purchased, possessed and presented. The bill modifies criminal penalties so that a person who knowingly or intentionally passes a lottery ticket, or claims a lottery prize on a ticket from someone else to avoid an offset or to circumvent certain prohibited player provisions, is guilty of penalties from a serious misdemeanor up to a Class C felony.
[4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]

HF 453 – Prohibit regulation beyond state/federal law

HF 453 prohibits a state agency or state official from imposing any regulation or reporting requirement on corporations, as defined in section 504.141, that exceeds the requirements of state or federal law.
[4/28: 48-0 (Excused: Nunn, Schultz)]

HF 491 – Regulating sale or lease of real estate by agency officials

HF 491 , from the Ethics and Campaign Disclosure Board, prohibits state regulatory agency officials and employees from selling or leasing real estate to those subject to the agency’s regulatory authority unless certain conditions are met. Under previous law, such employees are prohibited from selling or leasing goods or services to individuals, associations or corporations subject to the agency authority of which the person is an official or employee. However, this prohibition did not apply if consent for such sale or lease was obtained from the agency. The bill extended this prohibition and exception to the sale or lease of real estate. A person who knowingly and intentionally violates the bill is guilty of a serious misdemeanor.
[4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

HF 514– Pharmacy practice and Pharmacy Board oversight

HF 514 eliminates the “tech-check-tech” program, which is no longer relevant following the Pharmacy Board’s adoption of administrative rules to establish and implement technician verification programs. It eliminates the one-year registration limitation for a person in training to become a pharmacy technician and simplifies language relating to pharmacist delegation of certain functions. The bill requires outsourcing facilities seeking licensure in Iowa to be inspected by the facility’s home state regulatory authority in the two years immediately preceding the application. The bill allows the board to share with the U.S. Food and Drug Administration information collected on compounded human drug products pursuant to one or more memoranda of understanding. Finally, the bill codifies the provisions of 2011 Iowa Acts, chapter 63, relating to pharmacy pilot or demonstration research projects. The bill eliminates the requirement that the board report the approval or denial of projects to the chairpersons and ranking members of the joint Appropriations Subcommittee on Health and Human Services.
[4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

HF 523 – Flood mitigation as essential county purpose

HF 523 adds flood-mitigation practices, strategies and structures to the list of essential county purposes established in Code. Counties generally can incur debt and issue general obligation bonds for the performance of essential purposes. This will allow a county to perform flood-mitigation projects in unincorporated areas of the county. Cities have this authority, but they are limited in where they are allowed to perform flood mitigation work. The bill was promoted by Muscatine County as a way for them to create flood protection for areas increasingly under the threat of flood damage but outside of the areas where a city can perform the work.
[4/28: 48-0 (Excused: Nunn, Schultz)]

HF 546 – Architectural Licensure Examination 

HF 546 strikes the Iowa Code section added in 2020 that eliminated the time limit for architects to pass all six divisions of the Architect Registration Examination. Iowa is the only state that does not have a five-year “rolling clock” for applicants to pass all six divisions of the exam. Iowa architects who take longer than five years will not be eligible for National Council of Architectural Registration Board’s certification or reciprocity in jurisdictions outside of Iowa. The bill applies retroactively to those who applied to the Architectural Examining Board and passed one or more divisions after June 25, 2020.
[4/6: 47-0 (Excused: Hogg, Nunn, Schultz)]

HF 558 – Minimum age for amusement ride attendants

HF 588 establishes minimum age and training requirements for attendants who control amusement rides. An attendant who controls rider restraints or the operation, starting, stopping or speed of an amusement ride must be at least 16, and must complete training prior to working as an attendant at a carnival or fair. The bill specifies minimum topics for such training. A person who violates any order or rule issued by the Labor Commissioner pursuant to state law governing inspection of amusement rides is guilty of a serious misdemeanor. While this bill does not change child labor code sections, the changes in this bill appear to be in conflict with Iowa Code 92.8(6), Child Labor Law.
[4/7: 29-15 (Yes: Republicans, Bisignano, Kinney; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

HF 682 – Appraisal standards and appraiser certification changes

HF 682 comes from the Real Estate Appraiser Examining Board and modifies Iowa Code for real estate appraisals and appraisers. The bill is designed to alleviate an enforcement gap for out-of-state certified appraisers conducting appraisals on property in Iowa. Federal law requires a real estate-related loan to be facilitated by a financial institution that requires the services of an appraiser and has a value greater than $400,000 (residential transactions) or $500,000 (commercial transactions).

But neither Iowa law nor federal law explicitly required that the appraiser be certified in the state where the appraised property is located. That discrepancy created an enforcement gap because out-of-state appraisers arguably may perform appraisals in Iowa without first obtaining certification or a temporary practice permit from the Board. The interests of Iowans may be inadequately protected in these cases because regulators in the appraiser’s home state have less incentive to review appraisals conducted in Iowa, and the Board has no authority to enforce appraisal standards against the appraiser.

The bill addresses this gap by requiring all appraisers who perform appraisals in Iowa to first become certified in Iowa or obtain a temporary practice permit. This puts Iowa on equal footing with neighboring states, all of which require Iowa appraisers to be certified or obtain temporary practice privileges before appraising property located in their states.
[4/28: 48-0 (Excused: Nunn, Schultz)]

HF 685 – Orthodontic new service consumer protection

HF 685 prohibits dentists from using initial orthodontic appliances on a new patient unless the dentist first performs an in-person or tele-dentistry examination of the new patient, or the new patient provides the doctor with their dental record taken within the prior six months. The required examination must include any appropriate conventional or digital imaging necessary to develop a suitable orthodontic diagnosis and treatment plan. The bill defines “new patient” as a person whom a doctor has not examined or provided care, or whom the doctor has not seen during the two years prior to the patient’s most recent appointment.
[3/29: 45-0 (Excused: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]

HF 761 – Expanded uses for emergency medical service providers grant program

HF 761 authorizes the state fire marshal to provide grants under the local fire protection and emergency medical service providers grant program to local volunteer fire protection service providers to purchase necessary equipment. This is in addition to the authorization to provide grants for fireworks safety education programming and to purchase necessary equipment related to the sale and use of consumer fireworks.
[3/22: 48-0 (Absent: Kinney, Nunn)]

 

HF 766 – Third party delivery of alcohol

HF 766 authorizes a retailer to use a third party to deliver alcoholic beverages, provided the licensee or permittee has entered into a written agreement with the third party authorizing them to act as an agent for the purpose of delivering alcoholic liquor, wine or beer. This third party must abide by Iowa law when completing the delivery. Any violation of Iowa Code or Iowa Rules (e.g., delivery to an underage person, delivery to an intoxicated person) by the agent of a licensee is deemed to be a violation committed by the licensee or permittee. All licensees must submit a list of names and addresses of all people, including third-party delivery agents, to the Alcoholic Beverages Division.

If the licensee violates the rules regarding delivery of alcoholic beverages by retailers, the licensee will not be assessed a penalty if the violation was committed off of the premises and after the alcohol was in process of delivery; and another violation is not committed within a two-year period.
[4/21: 39-7 (No: Bolkcom, Celsi, Giddens, Hogg, Jochum, Costello, Guth; Excused: Mathis, Nunn, Schultz, Whiting)]

 

HF 768 – Native distilleries, beer manufacturers, breweries, wine manufacturers

HF 768 authorizes native distilleries, native breweries, native wine manufacturers and beer manufacturers to be granted up to two class “C” permits to sell native wine at retail for consumption on the premises of the manufacturer or in a retail establishment operated by the manufacturer. Previous law allowed a manufacturer one class “C” permit to sell at retail for consumption on the premises of the manufacturing facility. 
[4/28: 47-1 (No: Costello; Excused: Nunn, Schultz)]

HF 785 – Amusement concession games

HF 785 changes the definition of “amusement concession.” Amusement concessions are games of skill or chance with an instant win possibility, like carnival-style games. Previously, these games did not include casino-style games; the bill adds that amusement concession also does not include nudge games or swap games. A “nudge game” is one in which a participant spins reels and may choose to nudge one or more reels in any direction to complete a winning combination or pattern. A “swap game” is one in which a participant spins reels or simulated reels and may choose to swap, move or substitute one or more icons or symbols to create a winning combination or pattern.

The bill adds a new Code section allowing video game-type amusement to be licensed as an amusement concession if the game is conducted through continuous gameplay and complies with all requirements and rules from the Department of Inspections and Appeals. Prizes will be awarded based solely upon a participant’s successful completion of a required skill or task in the course of the game’s play. Participant skill is necessary to influence the outcome of the game’s play but is not required to be the predominant factor in determining whether a prize is awarded. The game may be programmed to ensure a set payout percentage to participants of at least 80%. If it’s a set payout percentage, the operator must post that information for everyone to see. The game may also be programmed to award prizes at variable frequency or difficulty.
[4/21: 45-1 (Excused: Mathis, Nunn, Schultz, Whiting)]

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.

SJR 17 – Resolution to allow sale of merchandise by ABATE on Capitol grounds

SF 323 – Canned cocktails

SF 367 – Eliminates Education and Regional Telecommunication councils

SF 447 – Reversal of local control for residential rental living caps

SF 475 – Allows remote, electronic notarial signatures

SF 617 – Sports betting and fantasy sports

SF 618 – ABD Omnibus Departmental Bill

HF 303 – Statewide welcome center program technical changes

HF 392 – Competitive bid process not required for professional services

HF 393 – Gifts received by Executive Branch

HF 485 – Purchasing for targeted small business procurement goals

HF 486 – Building remediation grants for emergency projects

HF 590 – Tax return preparers and providing penalties

HF 634 – Combining juvenile justice boards

HF 692 – Elections Bill

HF 694 – EMS licensure & interstate compact

HF 701 – Prohibits a city or county from adopting or enforcing an ordinance

HF 743 – Uniform electronic storage of official documents

 

SJR 17 – Resolution to allow sale of merchandise by ABATE on Capitol grounds

SJR 17 is a resolution to allow sale of merchandise by A Brotherhood Aimed Towards Education (ABATE) on the Capitol grounds. ABATE holds a motorcycle rally and toy run each year to collect toys for Iowa children and sells commemorative merchandise at this event to help pay for police escort. The Department of Administrative Services requires the Legislature to approve requests by outside entities to sell things on the Capitol grounds. This resolution is in effect for the current two-year General Assembly.
[3/11: 46-0 (Excused: J. Smith, Edler, Zaun; Vacant: Danielson)]

 

SF 323 – Canned cocktails

SF 323 allows for the sale of “canned cocktails” and “mixed drink or cocktails.” These beverages may contain between 6.25 and 15 percent alcohol by volume. The Code provisions applicable to beer will also apply to canned cocktails (redemption, etc.). The bill takes effect upon enactment.
[3/12: 45-4 (No: Celsi, Costello, Guth, Hogg; Vacant: Danielson)]

 

SF 367 – Eliminates Education and Regional Telecommunication councils

SF 367 eliminates the Education Telecommunication Council and Regional Telecommunications Councils (RTCs). In 1994, the Legislature established an 18-member Education Telecommunications Council to assist in scheduling and site-usage policies for educational users of the Iowa Communications Network (ICN). The council also recommended long-range plans for enhancements to educational applications. At the same time, Regional Telecommunications Councils were established in each of the 15 community college districts. The RTCs provide advice on local educational needs and coordinate program activities, including technical assistance for network classrooms in community centers and schools. General Fund dollars went to the Iowa Telecommunications and Technology Commission for distribution to the RTCs based on usage by the region. In previous years, funding has been approximately $993,000 annually. This budget unit has not been funded since FY17.
[3/11: 46-0 (Excused: J. Smith, Edler, Zaun; Vacant: Danielson)]

SF 447 – Reversal of local control for residential rental living caps

SF 447 prohibits a city from adopting or enforcing a regulation, restriction or other ordinance related to residential property rental caps on single-family homes or duplexes after January 1, 2019. This removes a city’s ability to put a cap on the percentage of rentals in a neighborhood. The bill is effective upon enactment.
[3/11: 35-11 (No: Bolkcom, Boulton, Celsi, Hogg, Jochum, Mathis, Petersen, Quirmbach, Ragan, R. Taylor, Wahls; Excused: Edler, J. Smith, Zaun; Vacant: Danielson)]

SF 475 – Allows remote, electronic notarial signatures

SF 475 will allow a notary public to perform remotely through audio-visual technology. The bill strikes a provision that defines the phrase “personal appearance” to exclude an appearance that uses video or optical technology. Under the bill, a public notary who performs a notarial act remotely must comply with certain standards, including rules adopted by the Secretary of State. This includes keeping the audio-video recording of the notarization for at least 10 years. If a public notary complies with these standards, the personal appearance requirement is deemed satisfied. The bill also provides that a county recorder may accept a tangible copy of the electronic record, if a notarial officer certifies that the copy is accurate. This bill includes all notary acts, not just those involving real-estate transactions, effective July 1, 2020.
[4/1: 48-0 (Excused: Breitbach, Zaun)]

 

SF 617 – Sports betting and fantasy sports

SF 617 establishes legalized sports betting and fantasy sports by establishing program outlines, licensing fees and tax rates. For sports betting, an initial license will be $45,000 with an annual renewal of $10,000. For fantasy sports, an initial license will be $5,000 if the annual revenue is more than $150,000 and $1,000 if less than $150,000. The tax rate is set at 6.75 percent for both sports betting and fantasy sports. For sports betting, the tax rate of 6.75 percent is designated as follows:

• The tax revenue will be deposited in the newly created fund in 8.57, subsection 6. This fund will pay for $300,000 in gambling treatment efforts, as outline in a separate appropriations bill.
• The licensing fee will be deposited in the general fund, but money will be held for a year with the Legislature directing appropriations, which may include additional monies to county endowments.
• As of now, there is no new dedicated funding from sports betting or fantasy sports to the community endowments.
• Qualified sponsoring organizations (QSO) will get 0.75 percent of the sports betting net receipts from their operator(s). This is 0.75 percent on top of the 6.75 percent the casinos will be taxed.

Sports betting or “sports wagering” is authorized by the Iowa Racing and Gaming Commission (IRGC). Provisions include:

• Bettors must be 21 or older and can place a bet at a “sports wagering area” in a casino or on a mobile device.
• To bet on a mobile/electronic device, one must establish an account at a casino and set up an “advance deposit” system before January 2021. After 2021, bettors can set up an advance deposit system completely online.
• No minor leagues allowed.
• No in-game betting on individual Iowa college players or their opponent players.
• Horses: Sports betting net receipts are added to the current purse disbursement of 11 percent on the first $200 million of net receipts and 6 percent of net receipts above $200 million at casinos with horse racing.

Provisions include:

• Service providers can be an online fantasy sports platform, a Racetrack (99D) or Gaming/Casino (99F).
• Changing the definition of authorized sporting event to include only professional, collegiate, international and motor race events.

• Sports betting does not include placing bets on individual performances of an Iowa collegiate sporting event or an international Olympic event where any contestant is under 18.

Fantasy sports are simulated games in which prizes are established and made known in advance to all contestants. Prize winnings reflect the relative knowledge and skill of the participants and are determined by statistical results of the performance of individuals. College fantasy sports are delayed one year to make sure Iowa colleges and universities are prepared for these new potential outside activities.

Miscellaneous provisions:

• Qualified Sponsoring Organization (QSO) Boards will include one county supervisor and one member of a city council for each county and city that has a licensed gambling games facility. Anyone serving on a QSO board must be a resident of the state.
• Adds to the Iowa Code a new sports gambling section concerning social gambling between individuals, to authorize social gambling on fantasy sports contests and to specify that a participant may not win or lose more than $1,000 during any 24 consecutive hours or over that entire period. Previously, wins or losses on social gambling were limited to $200.
• Racetracks are explicitly allowed to apply for endowment grants.
• Mobile apps must cite the 800-Bets-Off number and include extensive responsible gambling features (i.e., limit time of play, allow a time out, etc.).
• The bill takes effect upon enactment, and must be implemented no later than July 4, 2019. The Racing and Gaming Commission will develop rules to implement the program.
  [4/17: 31-18 (Excused: Guth)]

 

SF 618 – ABD Omnibus Departmental Bill

SF 618 is the Alcoholic Beverages Division (ABD) departmental bill. It makes changes that will create clarity, improve readability and make the law easier for regulators to apply and enforce with consistency. This is largely a technical cleanup bill.

This bill removes references to percentage of alcohol by weight from the definitions for alcoholic liquor, beer, high-alcoholic content beer and wine. The definition for wine is further amended to provide for percentage of alcohol by volume.

It allows ABD to prescribe a uniform fee against certain licensees when they fail to maintain dram shop liability insurance and to assess a capped fee to recover administrative costs related to contested case proceedings through the administrative rules process.

The bill will allow confidentiality of records collected by the Division from licensees or permittees in conjunction with investigations, inspections and audits before administrative or criminal charges are filed. This proposed change will assist the regulator and protect the rights of businesses it regulates.

The bill will require liquor, wine and beer manufacturers to share with the Division the records they must submit to the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury (TTB). This ensures that the Division has the information it needs to validate taxes owed to the state. Reciprocal language for class “A” native distilled spirits license holders was passed in 2017.

Other key changes in the bill include:

• Authorizing the Division to adopt rules to recover operational costs arising from the failure of licensees or permittees to remain in compliance with the law.
• Establishing uniform language regarding the types of action that may be taken because of a violation of the rules of the Division. Conforming changes are made throughout the chapter.
• Eliminating the additional tax imposed on airlines for Sunday sales of liquor.
• Relocating provisions in §123.144(2) and §123.146 that relate to how homemade beer can be used and how beer may be imported for personal use. These changes are intended to assist the reader by consolidating several related provisions into one section.
• Allowing Hy-Vee and other stores to have a distribution center carry alcohol and deliver it to homes.
• Adding “investigative” entities to those with access to investigative records.
  [4/23: 48-2 (No: Celsi, Hogg)]

 

HF 303 – Statewide welcome center program technical changes

HF 303 updates Code references to the statewide welcome center program; changes references from “agency” to “authority” to reflect that the Iowa Economic Development Authority (IDEA) is no longer an agency; removes references to a pilot project because welcome centers are no longer in a pilot phase; and requires the IDEA to collaborate with other state agencies as necessary to operate the welcome centers and provide information to travelers.
[4/24: 50-0]

 

HF 392 – Competitive bid process not required for professional services

HF 392 says the competitive bid process is not required for professional services rendered by certain public employees. Previously, an official, a state employee, a member of the Legislature, or a legislative employee could not sell goods or services in excess of $2,000 to any state agency unless the sale is made pursuant to an award or contract  made after public notice and competitive bidding. This does not apply to a contract for professional services that is exempt from competitive bidding requirements in the Code or Administrative Code.
[4/11:  49-0 (Excused: Brown)]

HF 393 – Gifts received by Executive Branch

HF 393 modifies the procedure for reporting gifts. Previously, all gifts received by a department or the governor must be reported to the Iowa Campaign Ethics Board and the Government Oversight Committee. The bill limits the reporting requirement to gifts with a value of $50 or more. The report must be made within 20 days.
[4/10: 49-0 (Excused: Feenstra)]

HF 485 – Purchasing for targeted small business procurement goals

HF 485 — State agencies could previously purchase goods and services from Targeted Small Businesses (TSBs) without going through the RFP process, as long as the amount was under $10,000. The bill removes the dollar amount from Code and allows the Department of Administrative Services to set the dollar amount through the Administrative Rules process. However, the amount cannot exceed $25,000.
[4/25: 49-0 (Excused: Chapman)]

HF 486 – Building remediation grants for emergency projects

HF 486 allows an emergency project to be eligible for a grant from the Community Catalyst Building Remediation Program Fund (without regard for application deadlines and the required percentage that is set aside for cities with small populations). An emergency project is defined as a remediation of an underused building that may present a unique and immediate opportunity or threat. This bill codifies what was previously in the Iowa Economic Development Authority’s Administrative Rules. Tornado damage to Marshalltown in 2018 was the impetus for the bill.
[4/24: 50-0]

 

HF 590 – Tax return preparers and providing penalties

HF 590 defines a tax return preparer as an individual who, for a fee or other consideration, prepares 10 or more tax returns or claims for refund under Ch. 422 during a calendar year, or who assumes final responsibility for completed work on such tax returns or claims for refund under Ch. 422 on which preliminary work has been done by another individual. On or after January 1, 2020, a tax preparer must place their preparer tax identification number (PTIN) on any tax return or claim for a refund that they prepare under Ch. 422.

The bill provides reasons for the Department of Revenue to seek a temporary or permanent injunction if a tax preparer engages certain bad actions. The bill also requires a minimum of 15 hours of continuing education on subjects prescribed by the Department of Revenue. Two of these hours will involve professional ethics. Continuing education hours must be taken from an IRS-approved provider.
[4/24: 50-0]

 

HF 634 – Combining juvenile justice boards

HF 634 eliminates the Criminal and Juvenile Justice Planning Advisory Council, the Public Safety Advisory Board and the Sex Offender Research Council, and replaces them with the Justice Advisory Board. These boards have overlapping members and missions. The new 28-member board will have 22 voting members and six ex-officio nonvoting members.

Members will include nine appointed by the governor with confirmation by the Senate and a member representing each of these organizations/agencies: Coalition Against Sexual Assault, American Civil Liberties Union, Iowa County Attorney’s, Department of Human Services, Department of Corrections, Department of Public Safety, Department of Public Health, Courts, a Judicial District, Department of Correctional Services, Office of the Status of African Americans, Board of Parole, State Public Defender, Governor’s Office of Drug Control Policy. The ex-officio members will be two district judges designated by the Chief Justice, the chair and ranking member of the Senate Judiciary Committee, and the chair and ranking member of the House Judiciary Committee or House Public Safety Committee.
[4/2: 50-0]

 

HF 692 – Elections Bill

HF 692 implements the statewide use of postal service barcodes to determine the date that an absentee ballot was placed into the federal postal service. If the postmark or postal service barcode indicates that the ballot was mailed by the day before Election Day, the ballot must be counted. If there is a discrepancy between the date indicated by the postmark and the postal service barcode, the earlier date will be used to determine the “mailed by” date of the ballot. The bill also includes these  provisions:

• Hospital Board of Trustees Elections – Establishes off-setting term limits for hospital boards of trustees.
• City/School elections – Two dates in odd years, March and September. Three dates in even years. Strikes December.
• Makes the fraudulent signing of nomination papers and the misuse of voter registration information election misconduct in the second degree, an aggravated misdemeanor.
• Requires a person circulating a petition for nomination to include their contact information. The bill also specifies that a signature line must contain a signer’s residential address.
• Permits objections to be filed to certificates of nomination for candidates to replace candidates who have died or withdrawn their nomination.
• Allows the SOS to require a written explanation from a county commissioner who has been issued a notice of technical infraction. Such an explanation must contain measures the county commissioner took to redress the issues in the notice.
• Precinct caucus participation – Cannot have participated in a different party caucus within the same year.
• County auditors cannot participate in absentee ballot drives, unless they are on doing it for themselves only.
• County auditors must remove or obscure any published material displaying auditors name, except on ballot or envelop. An auditor’s signature on a ballot is replaced with the county seal.
• Prohibits distribution of sample ballots, per debacle caused by Linn County Auditor.
• Conflicts of Interest (AGC Language) – Repeals the prohibition on elected or appointed county employees holding an interest in a contract for the construction, reconstruction, improvement or maintenance of any highway, bridge or culvert. Requires a state or county official who is a voting member of a government entity responsible for awarding a contract pursuant to competitive bidding procedures and is the apparent low bidder for the contract to abstain from voting to award the contract and include an explanation of the official’s conflict in the resolution.
• Ballot order – The two political parties receiving the highest number of votes will each appear first on the ballot for one gubernatorial election and one presidential election in an eight-year period. The candidates of a party appearing first on the ballot in half of the counties in Iowa will appear second on the ballot in the other half of the counties.
• Municipal Elections
  • School Board Candidate name withdrawals – goes from 35 to 42 days before an election.
  • Various requirements for canvasing deadlines for city, county, school elections.
  • City elections – if in more than one county, auditor with the largest tax base does the canvas.
  • Terms of office – school boards, various technical changes for transition provisions.
    [4/25: 50-0]

 

HF 694 – EMS licensure & interstate compact

HF 694 establishes an Emergency Medical Service Personnel Licensure Interstate Compact to allow EMTs and paramedics licensed in Iowa to practice in other states. Participating states must meet standards set by the compact, including registration requirements, training requirements, investigation procedures and notification procedures. The compact allows a person to work within the same scope of practice in any compact state. The home state has sole authority to discipline a licensee. Member states in the compact participate in the Interstate Commission for EMS Personnel Practice.

The bill aligns Iowa Department of Public Health licensing authority language for EMS with language in the bill that establishes a multistate commission. It also establishes authority for IDPH to keep and retain new license application fees, which will include the required background check fee. Current law requires all licensing fees to be deposited into the EMS System Development Fund, which cannot be used by IDPH for administrative expenses. The bill will only affect new licensing applications. Renewal fees (which are the majority of the fees collected) will continue to be deposited into the EMS System Development Fund.
[4/25: 50-0]

HF 701 – Prohibits a city or county from adopting or enforcing an ordinance

HF 701 prohibits a city or county from adopting or enforcing an ordinance, regulation or restriction that would prevent a nonconforming use from continuing if the use was legal before for preexisting manufactured, modular and mobile homes, and site-built dwelling units. This local control reversal applies unless a discontinuance is necessary for the safety of life or property; the nonconforming use is legally abandoned; or the nonconforming use is enlarged or extended.
[4/9: 35-13 (No: Bolkcom, Boulton, Celsi, Dotzler, Giddens, Hogg, Jochum, Mathis, Petersen, Quirmbach, Ragan, J. Smith, Wahls; Excused: Bisignano, Feenstra)]

HF 743 – Uniform electronic storage of official documents

HF 743 sets up a process for the electronic storage of official documents. This is largely a technical bill based on the Uniform Electronic Legal Material Act (UELMA), prepared by the National Conference of Commissioners of Uniform State Laws in 2011. The bill requires the Legislative Services Agency (LSA), when acting as custodian of information, to provide for the publication of legal material. LSA must also provide methods of authentication and preservation of electronic records. The bill makes a number of other conforming and miscellaneous changes to the same Code chapter to implement the UELMA and to codify current publication practice.
[4/23: 49-0 (Excused: Petersen)]

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 88^th 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.

———————————————————–

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.

The following bills were passed by the Legislature and signed into law by the Governor.

SF 237 – CPA firm reciprocity
SF 351 – Eliminates Iowa’s emergency response commission
SF 399  – Secretary of State technical elections bill
SF 408 – Architect licensure
SF 410 – Declaration of disposition of persons remains
SF 411 – Contractor registration fees for IWD and IDPH
SF 442 – Voluntarily exclusions from racetrack or gambling facility
SF 489 – Legalizing consumer fireworks
SF 500 – 911 consolidation study recommendations
SF 505 – First-time homebuyer savings account
HF 89 – Des Moines Public School Retirement Systems Merger
HF 231 – Apprenticeship training program for instate Iowa residents only
HF 293 – Iowa Prison Industries and private business bidding
HF 295 – Pre-emption
HF 462 – Confidentiality of certain gaming records
HF 467 – ICN and public safety
HF 471 – Precinct Consolidation
HF 516 – Voter Suppression
HF 541 – Real estate licenses or disclosure
HF 566 – School board election same as city election
HF 568 – Pari-Mutuel Wagering for horse and dog racing standards
HF 569 – 403b retirement programs increases
HF 601 – Cyber security confidentiality by a government body
HF 607 – Alcohol Beverage Division technical bill
SF 237 modifies Iowa’s statute on Certified Public Accountant (CPA) firm practicing privileges without obtaining the state’s certificate. The changes mirror individual CPA reciprocity/practicing privilege changes made in 2006. All states had individual CPA reciprocity exceptions, and 16 states allowed firm reciprocity across state lines without state certification. Firms still must comply with accounting board and state requirements. The Consumer Protection Division of the Iowa Attorney General’s office confirms that Iowans will continue to have a high level of consumer protection with these changes.
[3/8: 49-0 (Chelgren excused)]

 

SF 351 eliminates the Iowa Emergency Response Commission and transfers the powers and duties to the Department of Homeland Security & Emergency Management. It also makes technical changes and renumbers the remaining Code sections. These changes streamline government processes and remove duplicative duties.
[3/1: 50-0]

 

SF 399 makes technical corrections for filling a school board vacancy. A person appointed to fill a vacancy on a community college board will serve until a member is elected at the next school election or at an intervening special election.
[3/27: 46-0 (Bertrand, Bisignano, Danielson, D. Johnson excused)]

 

SF 408 requires licensure rather than registration of architects practicing in Iowa and makes conforming changes to Code sections that reference registration as an architect. The term “licensure” is used when a professional’s actions are regulated by a Practice Act, and the credentials are more rigorous (involving education, training and examination). “Registration” refers to a state roster that may include regulation by a Title Act, which does not apply in Iowa. The Iowa Chapter of the American Institute of Architects requested the legislation to better reflect the occupational regulation based on public health, safety and welfare. In Iowa, engineers and landscape engineers are licensed rather than certified, and all states bordering Iowa (except Wisconsin) require architect licensure.
[3/28: 49-0 (Rozenboom excused)]

 

SF 410 deals with the disposition of a person’s remains after death and who has the authority to make those decisions. A written declaration concerning the final disposition of a body after death and the ceremonies do not need to be in or attached to a durable power of attorney for health care. This allows the Disposition of Remains document and the Power of Attorney for health care decisions to be attached or stand alone. One does not trump the other.
[3/9: 48-0 (Anderson, Bertrand excused)]

 

SF 411 relates to a unified licensure and registration system for plumbing and mechanical systems (HVAC) and contractors. Plumbers and HVAC workers had registered with Iowa Department of Public Health (IDPH) and contractors registered with Iowa Workforce Development (IWD). Plumbers and HVAC technicians have a three-year license schedule, while a contractor’s registration happens every year. There will now be a one-stop shop for registration and fees under IDPH, and the appropriate money from contractor registrations will be transferred to IWD.
[3/14: 49-0 (Horn excused)]

 

SF 442 makes changes to the process by which a person can be voluntarily excluded from a racetrack or gambling facility. A person who is voluntarily excluded must be excluded only from the wagering area and gambling floor, not the whole facility. Exclusion will be five years (which can be renewed upon request) or for life. Previously, a request to be voluntarily excluded was for life. A person who has been voluntarily excluded for life under previous law can apply for admittance under the new law. A person who had signed up to be voluntarily excluded must be given information on gambling treatment programs and signs of excessive gambling before they can be removed from the exclusion list.
[4/12: 47-2 (Quirmbach, Zaun “no”; Bertrand absent)]

 

SF 489 allows the commercial sale of fireworks. Under previous Iowa law, snakes and sparklers were the only fireworks legal to possess or light. A violation was a simple misdemeanor. However, a county board of supervisors or the Department of Natural Resources (DNR) could grant a permit to display fireworks if it was handled by a competent operator. Changes include:

• License and Fees: The state fire marshal will establish a consumer fireworks seller’s license. There will be two classes of consumer fireworks and five fee levels:
  • $1,000 annual licensing fee for a retailer at a permanent building who devotes 50 percent or more of their space to selling or displaying first-class consumer fireworks.
  • $500 annual licensing fee for a retailer at a temporary structure who devotes 50 percent or more their space to selling or displaying first-class consumer fireworks.
  • $400 annual licensing fee for a retailer who devote less than 50 percent of their space to selling or displaying first-class consumer fireworks.
  • $400 annual licensing fee for a community group that sells first-class consumer fireworks.
  • $100 annual licensing fee for a retailer or community group that sell only second-class consumer fireworks.
• Insurance: Retailers and community groups must maintain commercial general liability insurance with specified coverage amounts.
• Annual Registration Fee: $1,000 annual registration fee for a wholesaler, which is deposited in the consumer fireworks fee fund. The fund will be used for the state fire marshal’s duties related to consumer fireworks and grants to local fire protection and emergency medical service providers.
• Violations: A consumer fireworks seller can have their license revoked for intentionally violating requirements. A violation of a licensing or registration provision established in Code or by rule is a simple misdemeanor, punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625, or both.
• Timeline for Selling and Using/Setting Off: Consumer fireworks can be sold and used from June 1 to July 8 and from December 10 to January 3.
• Underage Buying/Selling: Selling consumer fireworks to someone under 18 is a simple misdemeanor. Anyone under 18 who purchases consumer fireworks commits a simple misdemeanor. A simple misdemeanor is generally punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or both, but the bill provides for a fine of at least $250.
• Restrictions/Opt Out: The state fire marshal may suspend the use of consumer fireworks, display fireworks or novelties if they would constitute a threat to public safety. Penalty is a simple misdemeanor and at least a $250 fine.
• A county board of supervisors or city council may adopt an ordinance or resolution to prohibit or limit the use (NOT the sale) of consumer fireworks or display fireworks if they are a threat to public safety or a nuisance. Penalty is a simple misdemeanor and $250.
• Rulemaking and Effective Dates: The state fire marshal will adopt emergency rules to implement the law, which takes effect upon enactment.
  [3/22: 34-14, party-line (with Allen, Bowman, Danielson, Dotzler, Horn, Lykam, Taylor voting “yes”; D. Johnson voting “no”; Brown, Shipley absent]

 

SF 500 makes recommended changes from a 911 Public Safety Answering Point (PSAP) Consolidation Study. It contains technical changes, including moving from E911 to 911 and updating various definitions to reflect current practice; includes a consolidation plan that combines wireline 911 networks into wireless 911 networks; creates a shared service environment for Public Safety Answering Points call processing equipment; and includes costs for development, deployment, operation and maintenance. Technical reasons for having two networks are eliminated, and the shared service is a possible cost-saving measure.

Funding changes include:

• Leaving PSAP pass through at 60 percent.
• Creating PSAP GIS grants at $15,000 per PSAP.
• Eliminating Land Mobile Radio funding.
• Carryover operating surplus for FY18: $7 million for consolidation grants of $200,000; the remainder goes to PSAP for “receipt and disposition.”
• Putting $9 million toward support for the consolidation plan.

The Department of Homeland Security & Emergency Management will develop a plan to combine the wireline 911 network with the next generation 911 network. The plan must describe anticipated costs, use of surcharges, use of shared services technology and suggested amendments to Code chapter 34A to allow the plan to be implemented. The department must submit the plan to the Legislature by January 15, 2018.
[4/17: 48-1 (Bisignano “no”; McCoy absent)]

 

SF 505 creates a new state income tax exemption for qualified deposits to a First-time Homebuyer Savings Account. Withdrawals from the account are tax-free if the money is used for a down payment and closing costs for a single-family, owner-occupied home in Iowa. To set up an account, a person must submit a form to the Department of Revenue designating the account as a First-time Homebuyer Savings Account. The beneficiary may access the fund to purchase their first home. The account holder may change the beneficiary at any time or may designate himself as the beneficiary. Contributions may be made by any person, in any amount. There is no cap on donations/contributions to the account. The account holder may withdraw funds at any time.

An account holder may deduct contributions from their income taxes. The deducted amount may not exceed $2,000 per year for an individual or $4,000 for married taxpayers. These amounts are adjusted for inflation each calendar year. The new law exempts any interest or earnings received from the holder’s accounts. The total amount that may be deducted from one’s income tax for these two tax incentives cannot exceed an aggregate lifetime limit of 10 times the maximum deduction determined above for the applicable year ($20,000 for 2016), or double that amount for married taxpayers with a joint account ($40,000 for 2016).

The account holder can claim the tax incentives for 10 tax years from opening the account, or on the date when account funds are withdrawn, whichever comes first. Any amount remaining in the account after the 10^th year must be added to net income of the account holder that tax year. Nonqualified withdrawals from the account will be added to net income and are subject to a 10-percent penalty unless the withdrawal was made because of death, disability or bankruptcy. The law prohibits money for house/closing costs from being allowed as an itemized deduction on Iowa individual income taxes. The tax provisions will begin on or after January 1, 2018.
[4/17: 49-1 (Bolkcom “no”)]

 

HF 89 allows a school board with a pension or annuity retirement system (Des Moines Public Schools) to adopt a resolution to merge with the state retirement system (IPERS).
[4/13: 49-0 (Bertrand excused)]

 

HF 231 clarifies that Iowa’s Economic Development Authority (IEDA) has broad general powers and specific program powers over all of the department’s statutory programs and administrative rules, including programs created pursuant to Code chapters 15, 15A, 15B, 15E, and 15J. Specifically, to qualify for financial assistance for apprenticeship training, a person must be an Iowa resident.
[2/22: 50-0]

 

HF 293 reflects current practice. It requires the Department of Administrative Services to adopt rules that would reverse state law concerning when state government agencies must purchase goods from Iowa Prison Industries. Previously, unless there is an exception in state Code, government agencies had to purchase from Iowa Prison Industries. Now, Iowa Prison Industries may bid on all projects unless specifically excluded by current code.
[3/1: 50-0]

 

HF 295 prohibits a city or county from adopting an ordinance, motion, resolution or amendment on conditions of employment that exceed or conflict with federal or state law on minimum or living wage rate, employment leave, hiring practices, benefits, scheduling, or other terms or conditions of employment. It also voids any action adopted prior to this law taking effect. The same provisions apply to the sale or marketing of consumer merchandise and containers. The bill is effective upon enactment.
[3/27: 29-21, party-line (D. Johnson voting “no” with Democrats)]

 

HF 462 deals with the confidentiality of certain gambling records. The Iowa Racing & Gaming Commission (IRGC) has access to all casino records to ensure they uphold the standards and integrity of gambling. Accordingly, except for what is to be made public as outlined in statute (i.e., admissions, amount wagered and adjusted gross receipts), all other records kept by the casino are considered sensitive and proprietary-confidential, and not to be shared with competitors. Records listed in the bill would be kept confidential, while a casino’s certified audit would be made public.
[3/20: 49-0 (Shipley excused)]

 

HF 467 allows the communications systems of law enforcement agencies to be considered under the purview of the Iowa Communications Network (ICN) if requested by the agency. Previously, law enforcement communications systems were excluded from the types of services the ICN provides. The ICN is assisting with the Land Mobile Radio network deployment by providing vendor management and project management services. This will ensure that the ICN can partner with and assist the Department of Public Safety in communications services. It does not expand the definition of who can use the ICN, nor does it require the Department of Public Safety to use the ICN.
[4/3: 49-0 (Bertrand excused)]

 

HF 471 allows county auditors to consolidate precincts for primary and general elections. The Code currently allows this consolidation option for school and city elections.
[4/4: 43-7 (Bolkcom, Hogg, Horn, McCoy, Petersen, Quirmbach, Taylor “no”)]

 

HF 516 deals with election procedures, including voter identification, absentee ballots, voter registration, and straight-party voting.

Division I- General Provisions

• Any violation of chapter 48A (Voter Registration) not already assigned a penalty is now election misconduct in the 4^th degree, a simple misdemeanor.
• A person must submit their voter registration within seven days of receiving the form. If the election is within three days, the form must be submitted within 24 hours. There previously was no deadline.
• A person can’t request a ballot more than 120 days before an election.
• Absentee ballots
  • The latest date to request an absentee ballot is 10 days before a general election and 11 days before a primary. This goes into effect January 1, 2018.
  • The voter must put their voter verification number on their request form.
  • The request for ballot must be the same as the voter registration deadline.
  • If a request is picked up by a political party or agent after the deadline, it must be returned in 24 hours.

Division II- Voter Identity and Signature Verification

• Same Day Registration Changes: Previously, to register to vote on Election Day, a person could show photo ID, fill out the registration form, sign an oath and provide proof of residency. If the ID does not have a photo, the person could use a residential lease, property tax statement, utility bill, bank statement, paycheck, government check or other government document. Now, the document must be dated within 45 days.
• Voter Registration Card: The Secretary of State (SOS) will compare lists with the Department of Transportation (DOT) to determine those eligible for a voter registration card. The county auditors send out the cards. The registration card provision will only be implemented if the Legislature determines there is enough money to do so. There are no appropriations in the legislation. One-time cost to SOS is estimated at $200,000, in addition to various local costs. The commissioner of elections must send acknowledgement within 21 days if a person registers to vote on Election Day. This would include their voter registration card.
• Photo ID Requirements: Previously, a registered voter could vote without showing identification, though a precinct official may require a voter to show ID if they do not recognize them, the person has moved from where they registered to vote, or their right to vote is being challenged.
  • Now, before any voter is given a ballot, they must show an accepted form of ID, including:
• Iowa Driver’s License/ Non Operator’s ID
• United States passport
• United States military ID or veterans ID (a veterans ID that does not contain a signature is not subject to challenge).
• No ID is required for residents or patients in a nursing home or hospital.
• If a precinct official determines that photo appears to be someone else, they may challenge the status of a voter, and that person must fill out a provisional ballot. A person who cannot establish identity is allowed to vote on a provisional ballot.
• If a registered voter cannot provide the required identification, they may present:
  • A voter registration card provided by the SOS or county auditor.
  • An out-of-state driver’s license/non-operator ID.
  • An identification card issued by an employer.
  • A student ID issued by an Iowa high school or Iowa postsecondary school.
  • All of these must have a photo and an expiration date (except for the “free” SOS card).
• If a registered voter cannot provide identification, they may establish identity by having another registered voter who lives in the precinct attest by signing an oath for them.
• A person filling out a provisional ballot must go to their auditor’s office and provide an appropriate form of identification before the ballot is counted. The process for filling out a provisional ballot does not change, but there are more regulations that will increase the number of provisional ballots cast. In 2016, there were 2,475 provisional ballots cast; 648 were rejected. New language allows the commissioner of elections to dispute an application for an absentee ballot if the signature appears to be signed by someone else. The commissioner must notify and allow for a new request or the voter can update the signature on record over the phone, in person or in writing.
• This division takes effect when the Legislature approves an appropriation sufficient to implement its provisions and applies to all elections on or after the effective date.

Division III – Polling Places: At least 72 counties use some type of electronic poll books, though not all of these counties use electronic poll books at every precinct. Photographic devices and the display of voted ballots are prohibited if the intent is to interfere with other voters or orderly operation of the polling place. There is a ban on the use of cameras, telephones, pagers or other electronic communication devices in the voting booth.

Division IV – Election Certification and Audits: Previously, Iowa law did not require a post-election audit. Now, the County Commission must complete a certification no later than 20 days after the General Election.

Division V – Voter Misconduct and Reporting: County attorneys will review voter registration documents for every same-day registrant and report findings to the auditor and Secretary of State. The SOS will inform the county auditor if there are reports of people voting twice in the same election, and the county auditor will information the county attorney if they receive reports of a person attempting to vote twice.

Division VI- Straight Party Voting: Iowa is one of 10 states that have allowed voters to vote a straight ticket. Straight-party voting is now eliminated for Iowans.

Division VII – Public Education: The SOS and stakeholders must work with county auditors to develop and implement a public education plan that includes multimedia advertising. No funding is provided.
[4/13: 28-21, party-line (D. Johnson voting “no” with Democrats; Bertrand excused)]

 

HF 541 changes references to “real estate broker,” “broker associate” and “salesperson” throughout Code chapter 543B to “real estate licensee” or “licensee.” Under the new law:

• “Conviction” includes only indictable offenses, which brings consistency to the Code chapter.

• Three license law violations within three years results in revocation of license. It had been three violations within five years.
• A designated broker can manage more than one office or physical location of business.
• The Real Estate Commission may assess civil penalties to non-licensees acting in real estate without a license and sells real estate as a course of business.
• An agency disclosure should be given to the primary client of the licensee.
• Delivery of a seller’s disclosure form to another agent or client may be done electronically.
  [4/5: 50-0]

 

HF 566 moves the date of school board, community college board and Area Education Agency board elections from September to the same date as city elections in November and makes conforming changes, effective on July 1, 2019. According to the Secretary of State, in the last four school elections, the voter turnout average was 6.5 percent. The average voter turnout for city elections in that same timeframe was 21.3 percent. County auditor’s bill election costs to the respective cities and school districts. The one-time fiscal impact to the Secretary of State’s office for programming and GIS costs is estimated to be $50,000. Cost savings under the new procedure will vary and may not be realized by every jurisdiction.
[4/6: 36-13 (Bisignano, Bolkcom, Boulton, Bowman, Dvorsky, Hogg, Kinney, Jochum, Lykam, McCoy, Petersen, Quirmbach, Taylor “no”; Bertrand absent)]

 

HF 568 makes uniform pari-mutuel horse and dog racing standards that come from the industry. The Code section related to drugging or numbing race horses or dogs is updated to current industry standards, which indicate that ice is not a freezing device or substance for numbing. In addition, dosage amounts/limits of furosemide or phenylbutazone to race horses must be set by the racing and gaming commission. Furosemide must be administered to a horse by a veterinarian licensed by the commission, instead of by a veterinarian employed by the owner or trainer of the horse. A dog or horse track can directly check the setoff requirements for those winning more than $1,200. The setoff requirements are a list of those who owe money to an eligible public agency.
[4/5: 50-0]

 

HF 569 says that any 403b supplementary retirement plan offered for sale must be included in 403b options for state and school districts employees. The Department of Administrative Services (DAS) will offer up to 30 plans to state employees and consumers in schools.

Previously, DAS has reviewed and picked six of the best 403b plans (based on low fees, required adequate level of service, etc.) to offer state employees. There is also an “optional provider list” of 403b plans offered to employees that don’t qualify for the recommended list. In 2015, DAS conducted an RFP in which any plan/insurance salesperson could submit their plan. While insurance agents like this legislation, education groups want to keep the DAS review and recommended list of supplemental retirement plans to help consumers get the best products for the lowest cost.
[4/12: 41-8 (Bolton, Bolkcom, Hogg, Horn, Jochum, Petersen, Quirmbach, Taylor “no”; Bertrand absent)]

 

HF 601 provides for the confidentiality of certain government cyber-security and infrastructure information, at the request of municipal utilities, who thought the provisions were already covered in Iowa law. HF 601 mirrors a law protecting cyber-security information for the Iowa Utilities Board.
[4/5: 50-0]

 

HF 607 contains a number of technical and changes to the Alcoholic Beverages Division. The technical changes include removing redundant language, clarifying current practices, and standardizing language regarding the contents of applications for liquor control licenses, wine permits and beer permits.

Policy changes:

• Streamline licensing for beer manufacturers and wholesalers who had been governed by separate classes of permits.
• Allow brewpubs to sell their beer for consumption off premises in a growler without the beer passing through a wholesaler. This also places on the brewpub the responsibility for remitting the barrel tax for beer sold in a growler.
• Allow an Iowa brewery with a taproom to sell wine by the glass for consumption on premises. Native wineries are already allowed to sell beer for consumption on premises in addition to wine.
• Change the terminology for Iowa distilled spirits from “micro-distilleries” and “micro-distilled spirits” to “native distilleries” and “native distilled spirits.” This mirrors current terminology for Iowa-produced wines and beer.
• Allow native distilleries with production of 100,000 gallons or fewer annually to sell up to nine liters per day. Previous law limited the sale of distilled spirits by native distilleries to 1.5 liters. A native distillery with production of more than 100,000 gallons annually is limited to 1.5 liters. Native distilleries with production of 100,000 gallons or fewer may sell their product at retail for consumption on premises.
  [4/17: 50-0]