State Government Committee – Week 13, 2021


HJR 5 – Abortion Constitutional Amendment

HJR 5, as amended, 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. The joint resolution, if adopted, would be referred to the next General Assembly for adoption a second time 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. HJR 5 now goes back to the House.
[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 prior 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 applicable to such applicants.
[4/7: 44-0 (Excused: Hogg, Brown, Carlin, Dawson, 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. 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.
[4/7: 42-2 (No: Costello, Rozenboom; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

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

HF 491 is a pre-filed bill from the Ethics and Campaign Disclosure Board that 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 current 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 does not currently apply if consent for such sale or lease is obtained from the agency. The bill extends 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-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 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 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. This is because 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 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, 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 285 – Music therapist required to be credentialed

HF 285 requires any person claiming to be 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 the person is a music therapist. A person who recklessly, knowingly or intentionally violates the bill is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or by both. Passed House 89-4.
[4/1: 14-0 (Excused: Celsi)]

HF 682 – Appraisal standards and appraiser certification changes

HF 682 comes from the Real Estate Appraiser Examining Board and modifies the current Code chapter regarding 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 regulated by a federal financial institution regulator 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 require that the appraiser be certified in the state where the appraised property is located. This discrepancy creates 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 that all appraisers who perform appraisals in Iowa to first become certified in Iowa or obtain a temporary practice permit. This proposal will also put 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. Passed House 97-0.
[4/1: 14-0 (Excused: Celsi)]

HF 768 – Licensing of and sales by 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. Current law allows a manufacturer one class “C” permit to sell at retail for consumption on the premises of the manufacturing facility. Passed House 95-0.
[4/1: 14-0 (Excused: Celsi)]

HF 785 – Amusement concession games

HF 785, as passed by the House, changes the definition of “amusement concession.” Amusement concessions are games of skill or chance with an instant-win possibility, like carnival-style games. Current Codes says these games do not include casino-style games, and the bill adds that amusement concession also does not include nudge games or swap games. A “nudge game” is one where 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 a game 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 amusements to be licensed as amusement concessions if the game is conducted through continuous gameplay and complies with all requirements and rules from the Department of Inspections and Appeals. Prizes must 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 will be 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. Passed House 95-0.
[4/1: 14-0 (Excused: Celsi)]

HF 822 – Lobbying activities of political subdivisions

HF 822 provides additional regulation to the lobbying activities of a political subdivision, including a county, city, township or school district. As amended, the bill defines “lobbying” the same as defined in joint senate rules. Political subdivisions that contract with lobby firms will do so in a reasonable manner and use written requests for proposals to solicit lobbying services. The duration of a contract for lobbying services will not exceed five years, and a renewal of services also requires the use of a written request for proposal. The bill requires documents and records relating to lobbying on behalf of a political subdivision to be public records subject to Code chapter 22 (examination of public records), and to not be subject to any exception except for attorney work product related to litigation, the political subdivision’s strategy on legislation, an administrative rule or an executive order, which are all confidential unless otherwise ordered by a court. Passed House 91-3.
[4/1: 10-4 (Excused: Celsi)]