SF 2142 – Primary Elections
SF 2143 – Public Disclosure of Gifts
SSB 3020 – Elections administration
SSB 3022 – Electronic Filing System for Administrative Proceedings by Dept. of Inspections & Appeals
SSB 3038 – Financial Irregularities Filed by the State Auditor with a County Attorney
SSB 3040 – Notice to Bidders
SSB 3052 – Protection Occupation – IPERS
SSB 3068 – Alcoholic Beverage Control
COMMITTEE ACTION:
SF 2142 allows a registered voter who is not 18 years of age to vote in a primary election if the voter will be at least 18 years of age on the date of the general election. Current law allows an eligible elector who is at least 17 and one-half years of age to register to vote, but, except for purposes of requesting and voting an absentee ballot, the registration does not become effective until the registrant turns 18 years of age. In addition, the age that an eligible elector may register to vote is changed from 17 and one-half years to 17 years.
[2/8: 14-0 (McCoy excused)]
SF 2143, proposed by the Ethics & Campaign Disclosure Board, relates to public disclosure of the receipt of certain gifts, bequests and honoraria.
The bill requires that reports filed pursuant to Code section 8.7, relating to gifts and bequests received by a Department or accepted by the Governor on behalf of the state, be filed in an electronic format. Reports are to be filed on a quarterly basis, only if a gift or bequest is received or accepted.
In addition, an official or employee of the Executive Branch must submit a report in an electronic format to the Ethics & Campaign Disclosure Board for any gifts or honoraria received by the official, employee or their immediate family members from a restricted donor that exceeds $1,000 in a calendar year.
The bill establishes the timing of such reports, amending of reports and the information to be included in the reports. Gifts not required to be disclosed include those that meet the gift law exceptions relating to contributions to a candidate and relating to food, beverage and entertainment received at a function qualifying under Code section 68B.22, subsection 4, paragraph “s.”
A person that knowingly and intentionally violates this provision is guilty of a serious misdemeanor under Code section 68B.34. 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. In addition, a person violating the limit on the value of permissible gifts is subject to civil penalties or disciplinary action issued by the Ethics & Campaign Disclosure Board or subject to disciplinary action by the Ethics Committees of the Senate and House of Representatives.
[2/8: 14-0 (McCoy excused)]
SSB 3020 relates to administration of elections with respect to the address confidentiality program by the Secretary of State (SOS), satellite absentee voting and the conduct of school district elections.
- Iowa’s address confidentiality program: The bill provides that a program participant’s voter registration is not subject to challenge based on participation in the program and the use of a designated address, nor is it allowed to be the basis for challenges under Code sections 49.79 (election day voting) or 53.31 (absentee voting). In the case of an election contest, the bill provides for the certification of a program participant’s eligibility to vote and the validity of a program participant’s absentee ballot. The bill also provides that the deposition of a program participant will serve as testimony in a contested election.
- Satellite Absentee Voting: Current law prohibits electioneering within the sight or hearing of voters at the satellite absentee voting station. Under current Code section 39A.4, subsection 1, electioneering and other specified activity is prohibited on the premises of a polling place or within 300 feet of an outside door of a building affording access to a room where the polls are held, or of an outside door of a building affording access to a hallway, corridor, stairway or other means of reaching the room where the polls are held. The bill provides that a satellite absentee voting station and an absentee voting site at a county commissioner of elections office are also polling places for purposes of Code section 39A.4, subsection 1.
- School District Elections: The bill requires that a plan for school district reorganization be completed at the second regular school election following the effective date of the reorganization. Current law provides that reorganization plans be started at the first regular school election and be completed at the third regular school election. In addition, the bill provides that when a school board vacancy occurs, a person appointed to fill the vacancy must hold office until a successor is elected and qualified at the next regular school election unless there is an intervening special election. The bill also makes terminology changes related to the timing required for calling and holding a special election when a school board vacancy occurs and a replacement has not been appointed.
[2/10: 15-0]
SSB 3022 permits the Administrative Hearings Division of the Department of Inspections & Appeals to adopt administrative rules establishing an electronic filing system for contested case and other administrative proceedings conducted by the division, notwithstanding Code sections 10A.801, subsection 7, paragraph “b”, and 554D.120. The rules would also prescribe whether and to what extent the division will accept, process, distribute and retain electronic records and electronic signatures from appellants, government agencies and others with respect to such proceedings.
The bill provides for various matters that may be included in the rules, such as electronic records, electronic signatures, criteria and procedures to follow when filing an electronic document, retention of paper documents, processes and procedures to ensure adequate preservation, integrity, security, disposition and audit worthiness of the electronic records, and public access to electronic records.
Rules adopted will prevail over any other law, including Code chapter 17A, or agency rule that specifies the method, manner or format for sending, receiving, serving, retaining or creating paper records or other documents related to a contested case proceeding. The bill permits the division to limit the applicability and scope of any such rules to one or more agencies or by specific case type for the purpose of testing and implementing an electronic information processing system.
An electronic record that complies with rules will prevail over any law, including Code chapter 17A, that requires a written record, and an electronic signature that complies will prevail over any law that requires a written signature. An electronic record or signature that complies will not be denied legal effect or enforceability based solely on the record’s or signature’s electronic form. The bill provides that the determination of an electronic record’s or signature’s legal consequence is determined by the bill, applicable law, as well as applicable division and agency rules.
The bill provides that an electronic record maintained in an electronic filing system established by the division must be the official record of the contested case and maintenance of the record in the system must satisfy the obligation of an agency to file and maintain any such record.
[2/10: 15-0]
SSB 3038 is proposed by the State Auditor. It amends the Code to reflect current practices. If an audit or examination discloses any significant irregularities, a copy of the report must be filed with the county attorney. The term “significant” is not defined in Code but is used in a number of instances in the Code. The term is often used by accountants and auditors.
[2/10: 15-0]
SSB 3040 amends Iowa’s law requiring notices to bidders. Highlights include:
- Increasing the time frame by which interested bidders have to provide an estimate on a public improvement. Current law states that a bid letting cannot be held until at least 4 days have passed, but must happen before 45 days elapse, from the notice to bidders requirement. This bill establishes a 20-day to 45-day time frame.
- Achieving a much greater distribution of project information to the interested bidder community. In lieu of an ad being published in a local newspaper of general circulation at least once weekly in the geographic area of the proposed project, the bill allows public owners to meet the notice to bidder requirement by using numerous statewide plan room services, as well as statewide public owner websites.
- Providing a public owner a shorter notice to bidders provision in the event of a bid letting being cancelled because of circumstances beyond the control of the public owner.
- Building upon the existing notice of a public hearing by requiring the public owner who is publishing the notice of hearing to provide more information about the public improvement to interested local taxpayers who use their newspaper for local notices.
[2/10: 14-1 (Johnson voting “no”)]
SSB 3052 provides that the protection occupation category of the Iowa Public Employees’ Retirement System (IPERS) be expanded to include :
- A peace officer employed by an institution under the control of the Board of Regents whose position requires law enforcement certification.
- A person employed by the Department of Human Services (DHS) who has direct contact with sexual offenders at a civil commitment unit for sexually violent offenders and must enforce and maintain discipline, safety and security at the facility. DHS and the Department of Administrative Services must jointly determine which job classifications are covered.
[2/8: 12-2 (Chapman, Schultz voting “no”; McCoy excused)]
SSB 3068 makes a number of regulatory changes under the purview of the Alcoholic Beverages Division (ABD) of the Department of Commerce. Changes include:
- Wine permits are added to the list of licenses and permits that are issued by ABD.
- Strikes the requirement that ABD prepare forms on paper. ABD is allowed to distribute monthly pricing to licensees electronically.
- Resealing bottles of wine is amended to grant this authority to all liquor control licensees that sell alcoholic beverages, not just to those licensees that sell alcoholic liquor.
- Specifically lists the types of liquor control licenses and wine or beer permits that may be issued on a temporary basis for local events.
- Temporary licenses are amended to provide that a special class “C” liquor control license and a class “C” native wine permit may be issued on a temporary basis, and provides that the fee for a 5-day or 14-day class “C” native wine permit is the same as the fee for an annual permit.
- Nature of a permit of license is amended to eliminate the term “liquor” when referring to a special permit.
- Micro-distilled spirits is amended to eliminate the amount limit for a testing as part of a tour of the manufacturing facility. Micro-distilled spirits may be tasted pursuant to ABD rules.
- Native wines are amended to provide that tastings of native wine on the premises where it is made must be allowed according to ABD rules. In addition, the reference to a class “A” native beer permit is struck. Inserted are references to a class “A” beer permit relating to employment of those who are also employed by a native wine manufacturer. Language that pertains to wine that is made for personal use when it is made on the premises of a manufacturer is struck.
- Dramshop liability is amended to require class “C” native wine permit holders to furnish proof of financial responsibility by obtaining dramshop insurance as a condition of obtaining a new or renewal permit.
- Any person of legal age is allowed to manufacture wine for personal use without a class “A” wine permit if the wine is not sold or otherwise given in consideration of purchase for any property or services or in evasion of requirements of Code chapter 123 – Alcoholic Beverage Control.
- Authorizes class “E” liquor control license holders to sell limited quantities of wine at wholesale to special class “C” liquor control license holders.
[2/8: 14-0 (McCoy excused)]