SF 331 – Electronic Voter Registration
SF 332 – State Employment Hiring Procedures
SF 366 – Police Officers Retirement
SF 375 – Adoptions
SF 415 – Elections Administration
SF 456 – Sale & Off-Premises Transportation of Certain Containers of Beer (Growlers)
SF 459 - Employment of and Merit system Protection for Administrative Law Judges
HF 202 – Retired Volunteer Dentists & Dental Hygienists
HF 371 – Radon Testing
FLOOR ACTION:
SF 331 establishes procedures to allow voter registration by electronic means. Highlights include:
- Falsely swearing to an oath required in electronic voter registration is election misconduct in the first degree. This results in a Class “D” felony.
- The electronic form is provided through the Secretary of State’s (SOS) Internet site. Each county auditor is to make accessible to the registrant an electronic link to the electronic voter registration form on the SOS’s Internet site. The site is to be maintained by the SOS in cooperation with the Department of Transportation (DOT).
- Each Internet site and the electronic voter registration form made accessible is required to meet federal regulations to ensure access to and usability for eligible electors with disabilities. The SOS is required to consult with accessibility experts when designing the form. The SOS is required to present the electronic form and Internet site to the clinical law program for disability law at the University of Iowa to verify conformity of those electronic materials.
- An applicant is required to provide an Iowa driver’s license number, an Iowa nonoperator’s ID card number or a Social Security number, attest to a statement that lists each eligibility requirement and affirm that the registration meets all of the requirements.
- Authorizes the SOS to use the registrant’s signature from the DOT, if the registrant has a current and valid driver’s license or nonoperator’s ID card that was issued by the DOT.
- Affirmatively authorizes the SOS to use the digitally typed signature obtained pursuant to 48A.13 if the applicant does not have a current and valid driver’s license or nonoperator’s ID card that was issued by the DOT.
- If an applicant submits an electronic voter registration form after the voter registration deadline (48A.9), the SOS is required to immediately provide the registrant with notice through the SOS’s Internet site of Election Day and in-person absentee registration procedures under 48A.7A. The SOS is also required to send a notice by mail advising the registrant of Election Day and in-person absentee registration procedures under 48A.7A.
- The electronic registration form developed by the SOS will provide a registrant with the ability to print the form for completion and submission to the appropriate county auditor.
- The DOT is required to provide the SOS a copy of the registrant’s signature in an electronic format.
- A county auditor is required to provide the SOS with a copy of the registrant’s signature in an electronic format.
- The commissioner of registration is required to provide the SOS a copy of the registrant’s signature in electronic format.
- The SOS and the DOT are required to transmit to the appropriate county auditor a registrant’s completed voter registration form no later than the next business day following the registrant’s electronic submission of the form or by the next applicable voter registration deadline (48A.9), whichever is earlier.
- An electronic voter registration form will be accompanied by this statement:
** WARNING: I UNDERSTAND THAT ANY FALSE STATEMENT IN THIS OATH IS A CLASS “D” FELONY PUNISHABLE BY NO MORE THAN FIVE YEARS IN CONFINEMENT AND A FINE OF AT LEAST $750,000 BUT NOT MORE THAN $750,000.
** An eligible elector who registers by an electronic format and who has not previously voted in an election for federal office in the county of registration is required to be treated as a registrant by mail.
- The State Voter Registration Commission may adopt rules to require a registrant, in order to submit an electronic voter registration form, to verify the truthfulness and legitimacy of the information provided by the registrant on a completed electronic voter registration form. The State Voter Registration Commission establish rules for additional ways of providing an electronic signature on voter registration forms.
- Effective date is January 1, 2016. [3/19: 26-20 (party line; Bertrand, Chapman, Chelgren, Kapucian excused)].
SF 332 establishes procedures for a designation of ineligibility for state agency employment (do-not-hire list) and requires vacant positions in state agencies to be posted. Highlights of the bill include:
- The Department of Administrative Services (DAS) may only designate an individual as ineligible to apply for; to be considered, referred or approved for; or to be appointed to employment by a state agency for any of these reasons:
** The individual has knowingly misrepresented the facts when submitting information relating to an application, examination, certification, appeal or any other facet of the selection process for employment by a state agency.
** The individual has used or attempted to use coercion, bribery or other illegal means to secure an advantage in the application, examination, appeal or selection process for employment by a state agency.
** The individual has been convicted of a crime that is shown to have a direct relationship to the duties of the job class or position for which the individual wishes to be considered.
** The individual is proven to be an unrehabilitated substance abuser who would be unable to perform the duties of the job class or position for which the individual wishes to be considered or who would constitute a threat to state property or to the safety of others.
** The individual is not a U.S. citizen and does not have a valid permit to work in the United States under regulations issued by the U.S. Citizenship & Immigration Services.
** The individual was terminated from employment by a state agency for creating a hostile work environment.
- DAS will take all of these steps upon a determination that an individual is ineligible as provided above:
** Notify the individual in writing within five working days following the designation of ineligibility and the extent of the individual’s ineligibility for employment by a state agency. The notification is required to include information on the process for the person to appeal, remove or modify the designation of ineligibility.
** Maintain documentation of the designation of ineligibility, the extent of the individual’s ineligibility for employment by a state agency, proof of notification to the individual, and any appeals information.
** Upon request from an individual, review whether the designation on ineligibility should be removed or modified, and notify the individual if any changes are made.
- An individual designated as ineligible may file a written appeal to the Employment Appeal Board in the Department of Inspections & Appeals. The written appeal must be filed within 60 days following the notice of initial designation of ineligibility. DAS will establish a procedure for an individual, following the time for filing an appeal, to apply to DAS for removal or modification of the designation.
- DAS is required to inform those put on the list before the enactment of this legislation of their rights.
- DAS is required to adopt rules pursuant to Chapter 17A.
- Hiring Procedures – nonmerit system positions: DAS will establish procedures for hiring of employees by a state agency to positions that are not covered by the merit system. Procedures will provide for the public announcement of vacancies by the state agency at least 10 days before applications are due and for advertising the vacancies. [3/19: 35-11 (Behn, Costello, Dix, Garrett, Guth, Johnson, Kraayenbrink, Rozenboom, Schultz, Shipley, Zumbach “no”; Bertrand, Chapman, Chelgren, Kapucian excused)]
SF 366 allows those who have a Peace Officer Retirement Systems (PORS) disability benefit to earn 2.5 times the amount of the current earnable compensation of an active member at the same position on the salary scale, before their benefit is reduced. The current allowable amount is 1.5 times the amount. In addition, a worker’s compensation payment would no longer offset the person’s retirement disability payment. [3/19: 46-0 (Bertrand, Chapman, Chelgren, Kapucian excused)]
SF 375 requires that an employer treat an employee who chooses to adopt in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits and protections for the first year of adoption. [3/19: 37-9 (Behn, Breitbach, Dix, Guth, Schneider, Schultz, Segebart, Whitver, Zaun “no”; Bertrand, Chapman, Chelgren, Kapucian excused)]
SF 415 makes changes to Iowa election laws. Highlights include:
- Under current law, precinct election officials are required to tally and record write-in votes after the polls close in all elections. With this bill, the county auditor in a county using digital ballot counting technology may direct the precinct election officials to tally or count the write-in votes after the polls close, or may direct the officials to deliver those ballots to the special precinct board to tally and record the write-in votes, on any day after the election and before the county board of supervisors canvasses the votes. Digital ballot counting technology is defined as technology in which digital images of write-in votes are printed by the precinct election officials at the polling place after the close of voting.
- Auditors may combine polling places to serve more than one precinct, if it is determined to be cost-efficient, administratively feasible and does not impose an undue burden on the voters:
** The auditor may assign precincts to a combined polling place. The auditor must post a notice on the day of the election at the entrance of each combined polling place and specify the precincts that are assigned there.
** The auditor must ensure the voting system used in the combined polling place reports election results by individual precinct, for a primary or general elections.
** The total number of voters in all precincts assigned to a combined polling place must not exceed 3,500 voters, for a primary or general elections.
** The Auditor is required to publish notice of intent to designate a combined polling place no less than 70 days before the election, for a primary or general elections. For any other election, the auditor must publish notice of a combined polling place no less than 30 days before.
** The auditor must not assign precincts to a combined polling place for an election if a petition is filed (at least 60 days before a primary or general election, or at least 20 days before any other election) that is signed by 50 or more eligible electors of a precinct to be assigned to a combined polling place, who oppose the combined polling place. The petition must have an affidavit stating that the signatures on the petition are genuine and that all of the signers are eligible electors of the precinct.
- The bill also provides that the deputy in charge of election administration will earn an annual salary not to exceed 85 percent of the annual salary of the county auditor. [3/24: 40-9 (Behn, Chapman, Costello, Johnson, Rozenboom, Schultz, Schneider, Sinclair, Zaun “no”; Schoenjahn excused)]
SF 456 requires a person with a class “C” permit who is authorized to sell beer for consumption off the licensed premises to make the sales in the original container, with these exceptions:
- Subject to Alcoholic Beverages Division rules, sales may be made in a container other than the original container only if all of these requirements are met:
** The beer is transferred from the original container to the container to be sold on the licensed premises at the time of sale.
** The person transferring the beer from the original container to the container to be sold must be at least 18.
** The container to be sold must be no larger than 72 ounces.
** The container to be sold must be securely sealed by an authorized method that is designed so. If the sealed container is reopened or the seal tampered with, it is visibly apparent.
- The non-original container of beer that is sold and sealed must not be deemed an open container if the sealed container is unopened and the seal has not been tampered with.
- The holder of the Class “C” permit or their agents or employees must not sell beer to other retail license or permit holders, knowing or having reasonable cause to believe that the beer will be resold in another licensed establishment. [3/24: 40-9 (Bisignano, Bowman, Costello, Hogg, Johnson, Peterson, Quirmbach, Sodders, Taylor “no”; Schoenjahn excused)]
SF 459 affects the employment of administrative law judges, workers’ compensation commissioners and the administrative hearings division of the Department of Inspections & Appeals.
Code section 8A.412 is amended to provide that administrative law judges appointed or employed by the Public Employment Relations Board are subject to the merit system provision of Code chapter 8A. However, if an administrative law judge is appointed or employed by Public Employment Relations Board, an employee’s appeal would be heard by an employee of the Department of Inspections & Appeals. That decision constitutes final agency action. This applies to grievances and discipline resolutions.
Code section 10A.801 is amended to provide that the administrator of the Administrative Hearings Division of the Department of Inspections & Appeals is covered by the merit system as provided in Code chapter 8A.
Code section 86.2 is amended to provide that chief deputy workers’ compensation commissioners and deputy workers’ compensation commissioners must be appointed and serve pursuant to the merit system provision of Code chapter 8A unless the commissioners are otherwise covered by a collective bargaining agreement. Current law provides that chief deputy commissioners are exempt from the merit system and that chief deputy and deputy commissioners serve at the pleasure of the workers’ compensation commissioner.
Code section 96.6 is amended to provide that an administrative law judge employed by the Department of Workforce Development for unemployment compensation cases must be covered by the merit system provisions of Code chapter 8A unless the judge is otherwise covered by a collective bargaining agreement. [3/25: 26-24 (party-line)]
HF 202 relates to the practice of retired volunteer dentists and dental hygienists. passed the House on February 17 by a vote of 98 to 1. The bill
Highlights include:
- The Dental Board may issue a retired volunteer license to a dentist or dental hygienist who has held an active license to practice within the past five years, and who has retired from practice. The retired volunteer license will enable the retiree to provide volunteer dental services. The Board is required to adopt rules, including eligibility requirements and services that may be performed.
- The Board will not charge an application or licensing fee for issuing or renewing a retired volunteer license. A retired volunteer license will not be converted to a regular license. A retired volunteer license will not be considered an active license.
- A person holding a retired volunteer license will not charge a fee or receive compensation in any form from any person or third party, including, but limited to, an insurance company, health plan, or state or federal benefit program.
- A person holding a retired volunteer license is subject to all rules and regulations governing dentistry or dental hygiene, except those relating to payment of fees, license renewal and continuing education requirements.
- A dental hygienist holding a retired volunteer license will abide by the permitted scope of practice of actively licensed dental hygienists. However, they may perform screenings or educational programs without an actively licensed dentist present.
- Applicants for a retired volunteer license will not be eligible for a retired volunteer license if they have surrendered, resigned, converted or allowed a license to lapse or expire because of or in lieu of disciplinary action.
- The Board may waive the five-year requirement if the applicant demonstrates that the applicant possesses sufficient knowledge and skills to practice safely and competently. [3/23: 48-0 (Chelgren, Schoenjahn excused)]
HF 371 allows a certified radon tester to disclose the results of a radon test to a potential buyer of a nonpublic building when an offer to purchase has been presented by the buyer and if the potential buyer paid for the testing. [3/23: 48-0 (Chelgren, Schoenjahn excused)]