State Government Committee – Week 6, 2021


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 354 – Continuing education requirements for certain professional and occupational licenses

SF 354 deals with continuing education requirements for those holding professional licenses pursuant to Code chapter 272C (regulation of certain licensed professions and occupations). The bill authorizes a licensing board to extend the deadline to satisfy continuing education requirements by up to 90 days if a board finds that a licensee is experiencing an unforeseen financial or medical hardship, and the licensee submits a request to extend the deadline due to financial hardship. A request for a deadline extension must be submitted at least 60 days before the continuing education requirement must be completed. The bill defines an unforeseen medical or financial hardship the same as an unforeseeable emergency in the Code of Federal Regulations. The bill does not prohibit a licensing board from granting a waiver pursuant to the process of a person to petition an agency for a rules waiver.

An amendment was adopted on the floor striking the provision to prohibit licensing boards from adopting rules to interpret or implement the bill.
[2/17:  48-0 (Excused: Hogg, Nunn)]


SSB 1114 – Expanding notification of open meetings

SSB 1114 is an Iowa Public Information Board prefile bill. It amends the definition of an “open” meeting to include any deliberations or actions (including recommendations) taken by a governmental body as defined in the open meetings law, that are within a governmental body’s budgetary duties.  It also requires the convening group to provide meeting notices to anyone who has filed a request of notification, and not just the news media. It excludes weekend days and paid holidays when determining the 24-hour time period for public notice under the open meetings law.

The republicans adopted an amendment that removed the provision to provide a meeting notice to anyone who has filed a request of notification, and not just the news media. The amendment also adds a new “good cause” exemption for “personnel or student” issues.
[2/17: 9-5 (Excused: Brown)]

SF 144 – Social and charitable gambling expansion

SF 144 allows a licensed qualified organization to conduct one game night per calendar month so long as other application and authorization requirements are met. Currently, licensed qualified organizations can 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.
[2/17:  Short Form (Excused: Brown)]

SSB 1116 – Extend time for citizens to file complaint with IPIB

SSB 1116 allows a person 90 days to file a complaint with the Iowa Public Information Board after the alleged violation occurred or the complainant could have become aware of the alleged violation. Current law allows 60 days to file a complaint.
[2/17:  Short Form (Excused: Brown)]

SSB 1111 – Pharmacy practice and Pharmacy Board oversight

SSB 1111 eliminates the “tech-check-tech” program, which is no longer relevant following the 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 the state to be inspected by the facility’s home state regulatory authority in the two-year period 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 language 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.

[2/17:  Short Form (Excused: Brown)]

SSB 1084 – Elimination of certain SOS fees

SSB 1084 removes three specific fee requirements the Secretary of State (SOS) currently charges for services and products.  The bill removes the requirement the SOS charge $3 for a copy of a certificate with a seal attached. The bill also repeals a $25-per-day fee prior to issuing a transient merchant’s license and a $2 fee for furnishing a certified copy of the federal census to a requester.
[2/17:  Short Form (Excused: Brown)]

SF 107 – Mortuary science regulation on human remains

SF 107 requires the Board of Mortuary Science to adopt administrative rules to allow a funeral director to delegate to an unlicensed employee or agent of the funeral establishment the removal, transfer and transportation of human remains from the place of death to a funeral establishment or other designated place. The rules must specify the requirements for delegation, including any training an unlicensed employee or agent must complete prior to performing any removal, transfer or transportation of human remains under the bill.   Current administrative rules under 645 IAC 100.4 address the delegation of the transportation of human remains to an unlicensed employee or agent of a funeral establishment under specific circumstances. The bill requires the board to adopt administrative rules to broaden this delegation.
[2/17:  Short Form (Excused: Brown)]

SSB 1115 – Workers compensation dependent benefits

SSB 1115 prohibits payment of workers’ compensation benefits to a surviving alien dependent if the alien is not a resident of the United States and is also designated as a terrorist by a federal agency pursuant to applicable federal law or subject to an arrest warrant issued by a federal agency.  Current law allows for payment of workers’ compensation benefits to a surviving alien dependent who is not a resident of the United States.  An amendment was adopted that expands prohibitions to any death benefit for dependent who is designated a terrorist.
[2/17:  Short Form (Excused: Brown)]

SSB 1117 – Professional engineer licensure modification

SSB 1117 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 applicable to such applicants.
[2/17:  Short Form (Excused: Brown)]

SSB 1149 – Apprenticeship and certain professional licensure requirements

SSB 1149 deals with licensure and completion of apprenticeship programs. It requires licensing boards in 272C.1 (everything from accounting to veterinary boards) 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. It prohibits a board from requiring an applicant to complete more hours of apprenticeship training than the number of hours of education required in an educational program. 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 takes effect January 1, 2022.
[2/17:  Short Form (Excused: Brown)]

SF 114 – Minimum age for amusement ride attendants

SF 114 establishes a minimum age and training requirements for attendants who control amusement rides. Under this bill, an attendant who controls rider restraints or the operation, starting, stopping or speed of an amusement ride must be at least 16. The bill requires a person to 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, it changes child labor law and may be in conflict with federal and state Iowa Child Labor Law.
[2/17:  9-5 (Party-line; Excused: Brown)]

SSB 1163 – Third party delivery of alcohol

SSB 1163 would authorize a retailer to use a third party to deliver alcoholic beverages. This third party would act as an agent of the retailer and would be responsible for abiding by the requirements and restrictions of Iowa law when completing the delivery. Any violation of Iowa Code or Iowa Rules (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.  This means the Alcoholic Beverages Division could take administrative action against the licensee. Under current law, third parties cannot make such deliveries for a licensee or permittee. The bill also strikes a requirement that deliveries of alcoholic liquor, wine or beer be made in a vehicle owned or leased by licensee.
[2/17: 13-1 (No: Celsi; Excused: Brown)]

SF 227 – Legislature to erect certain capitol monument

SF 227 requires the Department of Administrative Services, in consultation with the Capitol Planning Commission, to authorize the placement of a monument to Martin Treptow on the Capitol Complex grounds. The bill requires DAS to solicit and approve an application for the monument, which must include the poem “My Pledge” by Martin Treptow. If more than one application is submitted, DAS will approve the application that can best meet the requirements for construction and maintenance of the monument. The Capitol Planning Commission has already approved its next project, which is to make improvements to the Peace Officers monument and add a K-9 memorial.
[2/17:  9-5 (Party-line; Excused: Brown)]

SSB 1148 – Eliminating Senate confirmation for various positions

SSB 1148 allows a member of the Senate to request that an appointee who is not otherwise subject to confirmation by the Senate, be subject to such confirmation under certain procedures. The request must be signed by at least 26 senators and submitted to the Secretary of the Senate and the Governor or appointing authority within 60 days of the appointment. The request must include why confirmation is sought and must be printed in the Senate journal. The appointee will be considered to be a nominee to fill a vacancy occurring on the date the request is submitted. The bill removes Senate confirmation of appointees to several boards and commissions. Concerns were raised that this would politicize these boards and commissions.  The committee adopted an amendment to remove the Campaign Ethics Board from the bill so they still be allowed to have their members confirmed by the Senate.
[2/17:  9-5 (Party-line; Excused: Brown)]

SSB 1150 – Allowing betting on horse or dog races from a foreign jurisdiction

SSB 1150 relates to pari-mutuel wagering on horse or dog races licensed in a foreign jurisdiction. It allows licensees to simultaneously telecast from the licensee’s racetrack enclosure, excursion gambling boat or gambling structure, horse or dog races from foreign jurisdictions. Under current law, wagering must take place inside the enclosure where the race is held unless the race is simultaneously telecast from a licensee’s racetrack enclosure, excursion gambling boat or gambling structure, and the state Racing and Gaming Commission may only authorize licensees to simultaneously telecast horse and dog races licensed by the racing authority of another state.
[2/17:  9-5 (Party-line; Excused: Brown)]