SJR 9 – Constitutional amendment against reproductive choice
SSB 1116 allows electronic notarial signatures
SSB1125 – Groundwater hazard statement requirement repeal
SSB 1160 – Attribution required on calls and texts
SSB 1212 – Reversal of local control for residential rental living caps
SSB 1229 – Eliminates all local governmental entities from lobbying the Legislature
SSB 1238 – Physical Assistant expanded scope of practice
SF 201 – Eliminates all boards and commissions
SF 351 – Utility service disclosure requirements for rental properties
SF 399 – Telepharmacy licensing requirements
COMMITTEE ACTION:
SJR 9 – Constitutional amendment against reproductive choice
SJR 9 is joint resolution that proposes to amend the Constitution of the State of Iowa by specifying that the Constitution does not secure or protect 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, and abortions could be completely banned in Iowa. A committee amendment passed that would eliminate the requirement for the Secretary of State to publish notice of constitutional amendments.
[3/5: 10-5, party-line]
SSB 1116 allows electronic notarial signatures
SSB 1116 will allow a notary public to perform remotely through audio-visual technology. The bill strikes a provision that defines the phrase “personal appearance” to exclude an appearance that uses video or optical technology. Under the bill, a public notary who performs a notarial act remotely must comply with certain standards, including rules adopted by the Secretary of State. This includes keeping the audio-video recording of the notarization for at least 10 years. If a public notary complies with these standards, the personal appearance requirement is deemed satisfied. The bill also provides that a county recorder may accept a tangible copy of the electronic record, if a notarial officer certifies that the copy is accurate.
A committee amendment was adopted that limited remote notary acts to only those involving real-estate transactions and prohibited selling data to third parties. It also included a savings provision that would protect consumers’ county records in the event of a company bankruptcy. It makes the effective date July 1, 2020.
[2/28: 14-0 (Excused: Zaun)]
SSB1125 – Groundwater hazard statement requirement repeal
SSB 1125 repeals the requirement that a groundwater hazard statement be submitted with each declaration of value that is submitted to a county recorder to grant, assign, transfer or convey real property. A committee amendment limits when statements are filed to only when there are known hazards and sets a flat $12 county recorder fee for this record.
[3/5: 13-2 (No: Celsi, Jochum)]
SSB 1160 – Attribution required on calls and texts
SSB 1160 has two parts:
Part 1 – Reporting of gifts: Currently, all gifts received by a Department or the governor must be reported to the Iowa Campaign Ethics Board and the Government Oversight Committee. The bill limits the reporting requirement to gifts with a value of $50 or more and to report the gift within 20 days.
Part 2 – Political Attribution: Currently, candidates for public office must provide an attribution statement indicating who is responsible for published campaign material. The bill adds automated telephone calls and text messages to the definition of published material. The bill also requires a second level of attribution for political parties. A person who violates the attribution provision is subject to civil penalties imposed by Campaign Ethics of up to $2,000.
In addition, a person who willfully violates Code 68A is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
[2/28: 15-0]
SSB 1212 – Reversal of local control for residential rental living caps
SSB 1212 prohibits a city from adopting or enforcing a regulation, restriction or other ordinance related to residential property rental permit caps on single-family homes or duplexes after January 1, 2019. The bill is effective upon enactment and applies retroactively. A committee amendment removes the retroactive date. Bill is still effective upon enactment.
[2/28: 12-3 (No: Celsi, Jochum, Lykam)]
SSB 1229 – Eliminates all local governmental entities from lobbying the Legislature
SSB 1229 prohibits governmental entities (except for any agricultural commodity promotional board) from using public funds for lobbying activities. Current law prohibits a state agency from employing people through the use of public funds if their position with the agency is primarily representing the agency relative to the passage or defeat of legislation that is being considered by the Legislature. That’s why state agencies don’t register for or against legislation.
SSB 1229 extends these prohibitions to agencies, the Judicial Branch, counties, cities and any other unit of local government. An agency is a department, division, board, commission, bureau, authority, or office of the executive or legislative branch of state government, the office of Attorney General, the state Board of Regents, community colleges, and the office of the governor, including a regulatory agency, or any department, division, board, commission, bureau or office of a political subdivision of the state, but does not include any agricultural commodity promotional board.
Violators may be charged with a serious misdemeanor and may be reprimanded, suspended or dismissed from their position or otherwise sanctioned. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
A committee amendment was adopted that expands the scope of the bill from employee to also include contract employees and lobbyists. The amendment clarifies a government entity can still provide information to the Legislature and public.
[3/6: 9-5, party-line (Excused: Feenstra)]
SSB 1238 – Physical Assistant expanded scope of practice
SSB 1238 expands the practice and licensure of physician assistants. The bill codifies several provisions currently in administrative rules, including those relating to services that may be performed by a physician assistant, a physician assistant’s title, licensure by endorsement, license renewal, grounds for discipline, methods of discipline, the discretionary factors to be considered by the board of physician assistants in a disciplinary action, discipline relative to treatment for Lyme disease, student physician assistants, license reactivation, license reinstatement and temporary licensure. A committee amendment was adopted that restores rule-making authority and a PA supervision requirement that was mistakenly struck from original bill.
[3/6: 13-0 (Excused: Chapman, Feenstra)]
SF 201 – Eliminates all boards and commissions
SF 201 – By July 2025, all appointive state boards, commissions, committees and councils established by the Iowa Code will expire unless they are renewed by the Legislature passing a new bill specifically to renew them before that time. No appointments to fill the vacancy can be made, unless legislation is enacted waiving this requirement. Legislation waiving the requirement is to be enacted no sooner than three years prior to the next five-year expiration date. The bill requires all appointive boards, commissions, committees and councils to conduct comprehensive reviews over each five-year period, beginning July 1, 2019. Each board, commission, committee or council must continue to do a review of their work for every five-year period, and issue a report on the review to the Legislature.
A committee amendment exempts the Iowa Ethics and Campaign Disclosure Board from the entire bill and exempts the boards of Medicine, Nursing and Pharmacy, and the Dental Board from the sunset provision. When waiving a sunset requirement, the sunset will be the only subject of the bill.
[3/6: 10-3 (No: Celsi, Jochum, Lykam; Excused: Chapman, Feenstra)]
SF 351 – Utility service disclosure requirements for rental properties
SF 351 relates to utility service cost disclosure requirements for certain rental properties. The bill defines “rental property” as a residential rental building in Iowa with 12 or more dwelling units. “Utility service” is defined as electric, gas, water and sewer service.
The bill requires a landlord of rental property to disclose to a prospective tenant an annual utility service cost disclosure statement for the property. At least one adult prospective tenant entering into the tenancy must sign an acknowledgment form stating that the tenant received the disclosure statement. If the rental property was acquired by the landlord within the previous year, disclosure statements will be provided by the landlord beginning 90 days after the date of closing. A landlord will retain all records relating to cost information for a period of not less than one year. A tenant may inspect and copy such records on reasonable notice and during regular business hours.
A landlord will obtain the cost information from the utility by sending a written notice between January 1 and February 1 of each year. The utility will compute and provide such information at no charge within 30 days of receiving such request. The utility may use any methodology to compute the cost information, provided that average costs are based on dwelling units with the same number of bedrooms and the methodology used is disclosed to the landlord in writing.
A landlord who enters into a rental agreement with a tenant without providing a utility service cost disclosure statement in violation of the bill will pay the tenant liquidated damages in the sum of $500. The bill takes effect January 1, 2020.
A committee amendment clarifies the master meter properties don’t apply for disclosure; that a disclosure statement will be received after application or before signing a lease; reduces liquidated damages to $100; and exempts REC and municipal utilities that don’t provide budget billing.
[3/6: 13-0 (Excused: Chapman, Feenstra)]
SF 399 – Telepharmacy licensing requirements
SF 399 eliminates the prohibition in current law against the issuance of a special or limited-use pharmacy license to a telepharmacy site if a licensed pharmacy that dispenses prescription drugs to outpatients is located within 10 miles of the proposed telepharmacy site, unless the proposed telepharmacy site is located on property owned, operated or leased by the state or unless the proposed telepharmacy site is located within a hospital campus and is limited to inpatient dispensing. Current law also provides that the mileage requirement does not apply to a telepharmacy site that was approved and operating as a telepharmacy prior to July 1, 2016.
[3/6: 13-0 (Excused: Chapman, Feenstra)]