State Government Committee – Week 8, 2021


SF 29 – OCIO procurement preferences and cloud computing

SF 29, as amended, allows the Office of the Chief Information Officer (OCIO) to procure cloud computing solutions and other information technology that are not hosted on premises by the state from providers that comply with federal authorization or accreditation programs. Under the bill, OCIO may contract with multiple commercial cloud computing service providers. Control and ownership of state data stored with cloud computing service providers will remain with the state. OCIO must ensure the portability of state data stored with cloud computing service providers. OCIO must report to the Legislature by November 1 an inventory of all state information technology applications and a cost/benefit analysis of on-premise upgrades, versus cloud computing or other technology services.

According to OCIO, procuring cloud computing solutions, the overall aggregate costs or cost savings, cannot be determined as cloud computing solutions may be cheaper in some circumstances, but may not be the best option in all scenarios.
[3/2:  11-4 (No: Boulton, Celsi, Giddens, Jochum)]

SF 249 – 911 Emergency service fund restrictions

SF 249, as amended, deals with 911 emergency telephone service, including how funds deposited in a 911 service fund may be used, costs of providing 911 service and access to the next generation 911 network. Current law requires that funds deposited in a 911 service fund be used to pay costs directly attributable to 911 calls. The bill changes that and excludes costs associated with reimbursement to originating service providers for providing 911 call delivery service. The bill strikes the requirement that until June 30, 2026, the 911 program manager will allocate a percentage of the total surcharge generated to wireless carriers to recover their costs to deliver E911 phase 1 services.  

Current law requires a local exchange service provider to furnish to the next generation 911 network service provider certain information related to its subscribers and provides for compensation to the local exchange service provider for providing this information. The bill strikes the provision that requires the local exchange service provider to be compensated for providing this information; provides that a local exchange service provider will pay all costs associated with recurring monthly 911 service; requires the program manager to determine the points of ingress and egress for an originating service provider to access the next generation 911 network; and requires an originating service provider to pay all costs associated with connecting to the points of ingress and egress.
[3/2: 15-0]

SSB 1202 – Orthodontic new service consumer protection

SSB 1202 prohibits dentists who provide treatment for malpositions of teeth or the initial use of orthodontic appliances on a new patient unless either the dentist performs an initial 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 will 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, provided care or seen during the two-year period immediately prior to the patient’s most recent appointment.
[3/2: 15-0]

SF 303 – Smart Contracts in ledger technology

SF 303 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. Fifteen states have adopted this language this year. An amendment was adopted that removed cryptology and made the bill technology neutral, which will be useful as technology changes in the future.
[3/2: Short Form]

SF 411 – Onetime rebates for renewal of alcoholic licenses or permits

SF 411, as amended, requires the Alcoholic Beverages Division (ABD) of the Department of Commerce to provide the holder of an annual license or annual permit to sell alcoholic beverages for on-premises consumption, a rebate on the renewal fee for such license or permit. Holders with Class A, B, C or Special C license or annual permit to sell alcoholic beverages with expiration date between May 6, 2020, and May 5, 2021, will not be required to pay the annual fee. Class C or D licenses with expiration date between July 1, 2021, and June 30, 2022, will not be required to pay the annual fee renewal. If the holder has already paid their license or permit fee, ABD will refund fee payment. Local authorities will retain any remittances already made, and ABD will pay local authorities a sum equal to the work they did if they provided the first level of license approval. The bill takes effect upon enactment.

Since May 6, 2020, the Governor has allowed ABD to defer the acceptance of fees for permits. More than 5,600 licensing have been deferred. That represents more than $7 million. 
[3/2: 15-0]

SF 164 – Barbering and cosmetology board consolidation, scope of practice

SF 164, as amended, merges the boards of Cosmetology Arts and Barbering into one board, reduces public membership by one and removes a separate position for an instructor. Current rules of both boards will remain in effect until the new board amends, rescinds or supplements the rules, or the rules expire by their own terms. The bill changes the definition of “cosmetology” by removing arranging, braiding and dressing of hair, and adds hairstyling. The bill also adds nail technology and barbering to the practices encompassed within the definition of “cosmetology.” The bill directs the Board of Barbering and Cosmetology Arts and Sciences to develop a program for certification of current cosmetologists to perform shaving with a straight edge razor. It clarifies the use of a straight edge razor and definition of a mobile salon.

The board’s authority to create a certificate for straight edge razor will not exceed 40 clock hours. The bill sets the training requirements for a license to practice esthetics at 600 hours and the training requirements for a license to practice nail technology at 325 hours.

Scope of Practice – The bill preserves the ability of cosmetologists to provide such services and instructs the board to create a new license permitting barbering and hairstyling licensees to provide only barbering and hairstyling services. The bill also provides for the development of a process for the licensure of those who provide both hairstyling and barbering services, but who do not practice any of the other cosmetology arts and sciences.

This amendment delays implementation of the new barbering and hairstyling course until August 1, 2022. It adds a transition provision to allow currently enrolled students to finish their coursework in a 2,100-hour barbering program until August 1, 2022.
[3/2: 15-0]

SSB 1204 – Modifying conduct of elections during emergencies

SSB 1204, as amended, repeals the requirement that the exercise of emergency powers by the state commissioner of elections (Secretary of State) be approved by the Legislative Council prior to taking effect. The bill allows the Legislature, or the Legislative Council to rescind an emergency declaratory order.

The bill includes a host of prescriptive requirements that the Secretary of State must meet in exercising emergency powers, including those relating to polling places, dates of elections, counting of ballots and contesting of elections. The bill allows the SOS to call for a repeat election if an election-contest court determines that errors prevent the outcome of an election from being determined accurately. An amendment added under “other disaster” section, including pandemic, that “no modification made to the method for conducting elections will be made to allow an election to be conducted solely by mail.”
[3/2: 10-5 (No: Democrats)]

SSB 1211 – Amendment to the Constitution on gubernatorial succession

SSB 1211 is a joint resolution to amend the Constitution of the State of Iowa relating to the gubernatorial line of succession. The bill creates a system of succession in the case of a permanent or temporary disability of the governor or governor-elect. In the case of a temporary disability of the governor or governor-elect, the lieutenant governor or lieutenant governor-elect will act as governor or governor-elect until the disability is removed, or the governor dies, resigns or is removed from office. In the case of the death, resignation or removal from office of the governor or governor-elect, the lieutenant governor or lieutenant governor-elect will become governor or governor-elect for the residue of the term, and the office of lieutenant governor will become vacant.

This issue came to a head in 2017 when Kim Reynolds became governor after Terry Branstad left office to be U.S. Ambassador to China. Lawmakers passed SJR 2003 in 2019 to clarify the gubernatorial line of succession in the Iowa Constitution, because the SOS didn’t publish the required notice after similar legislation passed in 2018. This set the process back to step one. The soonest the measure could move to the ballot now is 2022.
[3/2: 15-0]