State Government Committee Report – Week 9, 2018

SJR 2006 – Amends the State Constitution relating to appointing a lieutenant governor;
SF 192 – New licensure process for behavior analysts;
SF 2255 – Allows that state auditor to conduct a review, not audit;
SF 2290 – Non-controversial county hospital board membership changes;
SF 2322 – Scope of practice of pharmacy administration of vaccines, tech verification programs;
SF 2345 – New manufactured housing program fund;
SF 2346 – Campaign procedures and candidate name position;
SF 2355 – Requires an audit and valuation of the ICN;
HF 2286/SF 2215 – Prohibits “time of sale” mandates that local municipalities. 



SJR 2006 is a joint resolution to amend the state Constitution on the process for appointing a lieutenant governor. It clarifies 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. The former lieutenant governor will 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 pass both legislative chambers this session and be referred to the 88th General Assembly for adoption, before being submitted to the electorate for ratification, as is the process for all constitutional amendments.
[3/7: 45-4 (No: Bowman, Hogg, Horn, McCoy; Excused: Bertrand)]


SF 192 creates a licensure process for behavior analysts and assistant behavior analysts who practice applied behavior analysis. Under the bill, getting a license to practice as a behavior analysist requires a post-doctoral education accredited by the national commission on certifying agencies or the American national standards institute.
[3/5: 49-0 (Excused: Hart)]


SF 2255 allows that state auditor to conduct a review concerning the receipt and expenditure of state or federal funds, upon request, instead of a full audit. The state auditor’s office had concerns 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. Under current law, if a city asks for a review from the state auditor, a full audit is mandatory. That expense is then passed along to the city or township. A committee amendment strikes the ability for Auditor to request reimbursement from the Executive Council.
[3/6: 50-0]


SF 2290 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 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.
[3/1: 49-0 (Excused: Bertrand)]


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, 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 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.
[3/5: 49-0 (Excused: Hart)]


SF 2345 creates a manufactured housing program fund within the Iowa Finance Authority (IFA). The fund is to be used for mobile and manufactured homes on rented land (mobile home parks). Mobile homes also would be allowed for the existing Veterans Housing Trust fund program for military members. 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.
[3/5: 41-9 (No: Bisignano, Bolkcom, Boulton, Hogg, Kinney, Jochum, Petersen, Mathis, Chelgren)]


SF 2346, as amended by the Senate, addresses arrangement of names on ballots. Under the bill, a county commissioner of elections must arrange the ballot so that the candidates of each political party for most partisan offices appear in descending order so that the candidates of the political party whose registered voters voted in the greatest number appear first on the ballot.
[3/6: 29-21, party-line (No: Democrats, D. Johnson)]


SF 2355, as amended by the Senate, requires the state auditor or an independent third party selected by the state auditor to conduct a comprehensive audit and appraisal of the ICN to determine the current market value of the network’s assets. An independent third party firm will be selected through a competitive bidding process not associated with the network or any of its vendors. The financial audit will cover July 1, 2015, to July 1, 2018. The audit and appraisal will be completed and made public by December 21, 2018.
[3/7: 49-0 (Excused: Bertrand)]


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 would prohibit all time-of-sale mandates for real property transactions. The legislation will 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.
[3/5: 41-8 (No: Bolkcom, Dvorsky, Hogg, Jochum, McCoy, Petersen, Quirmbach, Ragan)]