SF 237 – Judicial Nominating Commissions
SSB 1009 – Threat of a targeted attack and cyberharassment
SSB 1037 – Illegal practice of massage therapy
SSB 1057 – Sexual misconduct with offenders
SSB 1066 – Educational Debt Management Services
SSB 1072 – Surety bonds for travel trailer dealer licenses
COMMITTEE ACTION:
SF 237 – Judicial Nominating Commissions
SF 237 is a Republican proposal that makes drastic changes to the way judges in Iowa will be chosen, primarily through changes to the judicial nominating commissions. Currently, judicial nominating commissions recommend nominees whose names are sent to the Governor to fill judge vacancies on the Iowa Supreme Court, the Iowa Court of Appeals and district courts. Currently, the Governor appoints half the members of the commissions and Iowa attorneys elect half the members. This bill does away with the election of members to the judicial nominating commissions by resident attorneys. Instead, the House and Senate majority and minority leaders, will appoint members to the commissions. There is one State Judicial Nominating Commission and 14 District Judicial Nominating Commissions. This bill politicizes Iowa courts and is a power grab by Republicans who want control of the Judicial Branch. This process could result in extremist individuals being appointed as judges.
[2/11: 9-4, party line (Absent: Nunn)]
SSB 1009 – Threat of a targeted attack and cyberharassment
SSB 1009 establishes the criminal offense of assault by threat of a targeted attack. It will be a “D” felony when a person threatens to cause serious injury or death to people assembled in a public place, a school building or any occupied structure other than a single-family residence when the people threatened reasonably believe there is a possibility of death or serious injury, or have a reasonable expectation that the threat will be carried out. A “D” felony is punishable by up to five years in prison and a fine of at least $750 up to $7,500. “Public place” is defined as an indoor area, privately or publicly owned, where the public has access by right or by invitation, express or implied, regardless of whether or not payment is required.
The Committee adopted an amendment creating the crime of cyberharassment, which is when a person makes an electronic communication with the intent to threaten, intimidate or alarm another person; knowingly sends or posts comments, requests, suggestions or threats of physical harm to or about another or the other person’s property without legitimate purpose and in a manner that a reasonable person under the same circumstances would interpret to cause fear of physical or emotional harm. Cyberharassment will be second degree harassment, a serious misdemeanor, punishable by up to one year in jail and a fine of at least $315 but not to more than $1,875.
[2/13: short form (No: Hogg, Taylor; Absent: Petersen)]
SSB 1037 – Illegal practice of massage therapy
SSB 1037 imposes a criminal penalty for unlicensed people who practice massage therapy or hold themselves out as a massage therapist. Current law requires massage therapists in Iowa to be licensed. Unlicensed people are prohibited from engaging in massage therapy or holding themselves out in any way as a massage therapist or masseuse, or using any other word or title that implies the person is a massage therapist.
This bill makes it a serious misdemeanor for an unlicensed person to engage in or hold themselves out as a massage therapist. Currently, under Chapter 152C relating to the regulation of massage therapists, unlicensed people are only subject to a civil penalty. A serious misdemeanor is punishable by up to two years in prison and a fine.
[2/13: short form (Absent: Petersen)]
SSB 1057 – Sexual misconduct with offenders
SSB 1057 is a Department of Corrections bill that would make it a “D” felony, rather than the current aggravated misdemeanor, for any peace officer or Department of Corrections employee, contractor, vendor, volunteer or any agent of the Department to engage in a sex act with an offender if the peace officer or employee has knowledge that the person is committed to the Department’s custody. The bill also applies to officers, employees or agents of a judicial district department of correctional services (community based corrections). A “D” felony is punishable by up to five years in prison and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by up to two years in prison and a fine.
The committee adopted an amendment to the bill, which increases the penalty for officers, employees, agents, etc., who engage in sexual misconduct with juvenile offenders who are placed in a juvenile detention facility and persons committed to a county jail. The amendment increases the penalty under these circumstances to a “D” felony as well.
[2/13: short form (Absent: Petersen)]
SSB 1066 – Educational Debt Management Services
SSB 1066 is an Attorney General proposal that that relates to debt management services in connection with educational loans. The Attorney General worked with the Division of Banking to craft this legislation.
Under current law, the Banking Division at the Iowa Department of Commerce licenses and regulates those engaged in the business of debt management. This bill requires those who serve as intermediaries between debtors and creditors or loan servicers of the debtor for the purposes of modifying an educational loan to be licensed and subject to the requirements of Chapter 533A relating to Debt Management and Regulation by the Division of Banking.
Under the bill:
- A licensee shall not receive any compensation in connection with educational loan debt management services until after the licensee has fully performed all services under the contract.
- Debtors have an unconditional right to cancel a contract prior to midnight of the third business day following the date of the contract, and cancellation will occur when the debtor delivers by any means, a written notice of cancellation to a specified address supplied by the licensee. This includes by mail delivery, e-mail delivery and personal delivery.
- There are requirements for contracts for educational loan debt management services, including the size of the type in the contracts. In addition, any contract must include a disclosure statement regarding the debtor’s rights of cancellation.
- The bill sets out behaviors and prohibitions that licensees may not engage in relating to the educational loans debt management services.
- Violations of provisions of the bill will be a consumer fraud pursuant to Code section 714.16.
The committee adopted an amendment to clarify that this legislation will apply to licensees who engage primarily in the business of educational loan debt management, not any licensee who does a limited amount of educational loan debt management. It is intended to focus on the bad actors who do only or mostly educational loan management.
[2/13: short form (Absent: Petersen)]
SSB 1072 – Surety bonds for travel trailer dealer licenses
SSB 1072 is an Attorney General bill that increases the required amount for a surety bond for a travel trailer dealer’s license from the Iowa Department of Transportation. The bond amount is increased to $75,000 from $25,000. This change will apply to applications for licenses submitted on or after July 1, 2019. The cost of travel trailers has risen significantly. This bill is intended to protect consumers who purchase travel trailers.
[2/13: short form (Absent: Petersen)]