State Government Committee Report – week 13, 2017

HF 89 – School retirement system merger (Des Moines district specific)
HF 467 – ICN may include law enforcement
HF 471 Precinct consolidation
HF 541 – Real estate professionals (via Commerce)
HF 566 – Moves school elections to municipal elections
HF 568 Pari-Mutuel wagering technical changes for dog/horse tracks
HF 571 – Audio/video call confidential recordings
HF 601  – Cyber confidentiality for utilities

FLOOR & COMMITTEE ACTION:

HF 467 allows the communications systems of law enforcement agencies to be considered under the purview of the Iowa Communications Network (ICN) if requested by the agency. Currently, law enforcement communications systems are excluded from the types of services the ICN provides. The ICN is assisting with the Land Mobile Radio network deployment by providing vendor management and project management services. This bill will ensure that the ICN is able to partner with and assist the Department of Public Safety in communications services. The bill does not expand the definition of who can use the ICN, nor does it require DPS use the ICN.
[Floor 4/3: 49-0 (Bertrand excused); Committee 3/30: 13-0 (Anderson, Horn excused)]

 

HF 471 allows county auditors to consolidate precincts for primary and general elections. The Code currently allows this consolidation option for school and city elections.
[4/4: 43-7 (Bolkcom, Hogg, Horn, McCoy, Petersen, Quirmbach, Taylor “no”)]

 

HF 541 is a mostly technical bill that changes references to “real estate broker,” “broker associate” and “salesperson” throughout Code chapter 543B to “real estate licensee” or “licensee.” A strike-after amendment made these changes:

  • Defines “conviction” as including only indictable offenses. This amendment brings consistency to the definition of “conviction” throughout Iowa Code chapter 543B.
  • Changes language dealing with license law violations. Current code states that three violations within five years results in revocation of license. The bill changes it to three violations within three years.
  • Allows a designated broker to manage more than one office or physical location of business.
  • Allows the Real Estate Commission to assess civil penalties to non-licensees acting in real estate without a license, which violates current license laws, and sells real estate as a course of business.
  • Clarifies that an agency disclosure should be given to the primary client of the licensee.
  • Allows for delivery of a seller’s disclosure form to another agent or client by electronic means.
    [Floor 4/5: 50-0; Committee 3/30: 13-0 (Anderson, Horn excused)]

 

HF 568 is a proposal by the Department of Inspection & Appeals. It makes uniform pari-mutuel horse and dog racing standards that come from the industry. The bill updates the Code section related to drugging or numbing race horses or dogs to current industry standards that say ice is not a freezing device or substance for numbing. Another section concerning the administration of furosemide or phenylbutazone to race horses is amended to say that dosage amounts/limits must be set by the racing and gaming commission, not by Code. The bill also provides that furosemide be administered to a horse by a veterinarian licensed by the commission, instead of by a veterinarian employed by the owner or trainer of the horse. Finally, the bill makes a technical change so that a dog or horse track can directly check the setoff requirements for those winning more than $1,200. The setoff requirements are a list of those who owe money to an eligible public agency.
[4/5: 50-0]

 

HF 601 provides for the confidentiality of certain cyber-security and infrastructure information developed and maintained by the government. The bill is at the request of municipal utilities, who thought the provisions were already covered under current law. The Governor has signed a bill regarding protection of cyber-security information for the Iowa Utilities Board. This bill mirrors that language.
[Floor 4/5: 50-0; Committee 3/30: 13-0 (Anderson, Horn excused)]

 

COMMITTEE ACTION:

HF 89 authorizes the merger of a pension and annuity retirement system for school district employees with the Iowa Public Employees’ Retirement System (IPERS). This bill addresses a situation from years ago when Des Moines Schools offered a separate pension plan for teachers. The bill authorizes a school district with an alternative retirement system (Des Moines) to adopt a resolution for a merger. IPERS is authorized, but not required, to accept the proposal to merge, subject to agreement by both parties of all terms and conditions of the merger. The IPERS Benefit Advisory Committee has approved the concept of the merger.
[3/30: 13-0 (Anderson, Horn excused)]

 

HF 566 moves the date of school board elections from September to the same date as city elections in November and makes conforming changes.
[3/30: 13-0 (Anderson, Horn excused)]

 

HF 571 relates to the confidentiality of information in audio and video call recordings. Under current law, medical records of a government body under Code chapter 22 (Iowa’s public records law) must be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records or by another person duly authorized to release the information. The bill says that the term “medical records” in this provision includes medical information contained in an audio or video call recording, including an audio or video 911 call recording relating to the injury or medical condition of a person who is the subject of the call. However, such medical information may be shared with those that provide emergency fire, law enforcement, ambulance or medical services that need the information to perform their duties. Such shared medical information must remain confidential and must not be shared by the receiving person or entity.

The second provision of the bill amends Code section 22.7 to say that information contained in audio or video call recordings, including transcripts, is confidential if the person making the call or the person who is the subject of the call is under 18. However, a parent or guardian of a person under 18 who is the subject of the call may request and receive information contained in the audio or video call recording upon the conclusion of any criminal investigation. The term “call recordings” includes 911 call recordings.
[3/30: 11-2 (Danielson, Jochum “no”; Anderson, Horn excused)]