State Government Committee Report – Week 6, 2018

SJR 8 – Constitutional Convention to impose restraints on the federal government;
SSB 3019 – Manufactured housing program fund for military members;
SSB 3023 – Amusement concession prize award increase (Dave and Buster’s);
SSB 3084 – Personal importation of alcohol changes, increased penalties;
SSB 3085 – Ethics and Campaign Disclosure Board to notify of opponent report changes;
SSB 3086 – Disclosure of Federal Foreign Agents in state boards and commissions;
SSB 3107 – Merging wire line 911 and Next Generation 911 network;
SSB 3112 – Alcoholic Beverages Division technical cleanup bill;
SSB 3113 – Copying and examining public records that are at least 100 years old;
SSB 3114 – Board membership and term limits of county hospitals;
SSB 3116 – Constitutional Amendment to consider bills with a majority of signatures;
SSB 3128 – Transfer of a hospital needs license;
SSB 3146 – Pharmacy administration of vaccines and technician verification programs;
SSB 3157 – Allows 28E agreements with any federally recognized Indian tribe;
SSB 3174 – Credit cards to pay for county/state fair token bracelets. 

 

COMMITTEE ACTION:

SJR 8 has the Iowa Legislature both petition the United States Congress to propose an amendment to the U.S. Constitution on its own and applies to Congress to call a convention to propose amending the U.S. Constitution to impose fiscal restraints on the federal government and limit its power and jurisdiction. If passed, this resolution will be considered a continuing application to call a constitutional convention until at least two-thirds of state legislatures request a similar convention or until the Iowa Legislature withdraws its application.
[2/13: 10-5 (party-line except Yes: Bowman, Danielson;  No: Feenstra)]

 

SSB 3019 creates a manufactured housing program fund for military members within the Iowa Finance Authority (IFA). A committee amendment allows the fund to be used for mobile and manufactured homes on rented land (mobile home parks). The bill authorizes IFA to 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 amount that may be transferred for any fiscal year must not exceed $1 million.
[2/14: 15-0]

 

SSB 3023 increases amusement concession prize levels for entities like a Dave and Buster’s. The cash value of prizes that can be won in an amusement game increases from $150 to $950. The prizes are such products as T-shirts, iPads and gaming systems.
[2/14: 15-0]

 

SSB 3084 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 that they bring with them for at-home personal consumption. A committee amendment clarifies that the bill only applies to alcohol obtained outside the state.

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

Third, the bill provides for increased penalties for bootlegging. Bootlegging is when a person brings liquor, wine or beer into Iowa from another state or country to re-sell it or give it away (as a gift). Currently, a person can only bring in one liter or liquor; any more than that (or any beer or wine) would be considered bootlegging. Current penalties for bootlegging are a simple misdemeanor for giving or selling alcohol to an audit, or a serious misdemeanor for providing bootlegged alcohol to a minor. The bill increases the penalties to a serious misdemeanor for providing alcohol to an adult and an aggravated misdemeanor for providing alcohol to a minor.
[2/14: 15-0]

 

SSB 3085 requires the Ethics and Campaign Disclosure Board to notify candidates for the Legislature or statewide office — if they have  requested such notifications —  if their political opponent  has filed an amended disclosure report  in July or October. The notification must include a copy of the disclosure report that is being amended.
[2/13: 15-0]

 

SSB 3086 requires a Governor’s appointee subject to Senate confirmation to provide a notarized statement on whether they have filed a registration statement pursuant to the federal Foreign Agents Registration Act. Under the bill, a member of any board, committee, commission or council must disclose if they have subsequently filed a registration statement to the federal Foreign Agents Registration Act. The bill also requires the Department of Administrative Services to develop rules for employees and applicants to disclose whether they have filed such a registration statement. The committee adopted an amendment to increase penalties to a serious misdemeanor, which would be a fine of at least $315 but not to exceed $1,875, and imprisonment not to exceed one year.
[2/13: 15-0]

 

SSB 3107 eliminates wire line 911 networks by merging them with Next Generation 911 networks. Homeland Security would use money from the carryover fund for the merger, and there would be no cost to the local Public Safety Answering Points because  local 911 service boards can opt into the unified network at no charge. Merging the networks is anticipated to save $10 million to $12 million over five years.
[2/13: 15-0]

 

SSB 3112 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 accurately 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 Permits 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 This is a substantive change that helps ensure state and local licensing authorities and law enforcement officials have complete and accurate information about the ownership of licensed entities.
  • 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.
    [2/13: 15-0]

 

SSB 3113 allows the copying and examination of a public record if the record is at least 100 years old prior to the request. The bill also allows a vital record of a fetal death to be inspected as long as it is in the custody of the state archivist for 75 years. Fetal death records cannot currently be released.
[2/13: 13-2 (No: Bisignano, Danielson)]

 

SSB 3114 makes non-controversial changes to board membership and term limits of county hospitals. First, it allows a county or city hospital board of trustees to establish a process for removing of a trustee for cause. Second, it allows either a five- or seven-member trustee board, currently seven is required. Third, it changes terms from four-year to six-year terms of office. Other changes include establishing more stringent attendance requirements that can result in a vacancy on the board, clarifying quorum requirements, and allowing term limits for board members.   
[2/13: 15-0]

 

SSB 3116 is a joint resolution to amend the Iowa Constitution to require each chamber of the Iowa Legislature, upon filing a written petition for consideration of a bill signed by a majority of members elected to that chamber, to bring up the bill for debate within 15 legislative days. All amendments to a called-up bill must be disposed of and the bill or joint resolution considered for final passage within 15 legislative days of when it is called up for debate. The resolution, if adopted, would be referred to the next Legislature for adoption before being submitted to voters for ratification.
[2/14: 15-0]

 

SSB 3128 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 to offer behavioral health services. A committee amendment was adopted to make implementation by the Department easier.
[2/14: 15-0]

 

SSB 3146 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 and undertake other technical functions that allow the pharmacist to spend more time on patient care. 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, Tdap vaccinations in booster applications, and other emergency immunizations or vaccinations in response to a public health emergency. A pharmacist may also administer to patients six months of age or older influenza vaccines. A pharmacist may administer to patients 11 years of age or older the final two doses in a course of vaccinations for HPV 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.
[2/14: 15-0]

 

SSB 3157 defines a public agency only for the joint exercise of governmental powers under Code chapter 28E to include any federally recognized Indian tribe.
[2/13: 15-0]

 

SSB 3174 allows people to use a credit card to pay for purchases at an amusement concession at a county or the state fair.
[2/14: 15-0]