Bill Text: IA HF2157 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A bill for an act relating to state agency decision making. (See Cmte. Bill HF 2385)

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-03-12 - Withdrawn. H.J. 487. [HF2157 Detail]

Download: Iowa-2013-HF2157-Introduced.html

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House File 2157 - Introduced
HOUSE FILE 2157
BY PETTENGILL and R. OLSON
A BILL FOR
An Act relating to state agency decision making.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 9A.105, subsection 1, paragraph h, Code
2014, is amended to read as follows:
h. Whether the applicant or any person named pursuant to
paragraph “g” has been convicted of a crime felony that, if
committed in this state, would be a crime involving moral
turpitude or which is a felony , and identify the crime felony .
Sec. 2. Section 9A.106, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. Been convicted of a crime felony that, if committed in
this state, would be a crime involving moral turpitude or a
felony .
Sec. 3. Section 17A.3, subsection 1, paragraph a, Code 2014,
is amended to read as follows:
a. (1) Adopt as a rule a description of the organization of
the agency which states the general course and method of its
operations, the administrative subdivisions of the agency and
the programs implemented by each of them, a statement of the
mission of the agency, and the methods by which and location
where the public may obtain information or make submissions or
requests.
(2) Each board, commission, or other multimember agency
shall follow Robert’s rules of order in governing the conduct
of agency meetings unless it is inconsistent with Iowa law.
Sec. 4. Section 17A.4, subsection 1, paragraph b, Code 2014,
is amended to read as follows:
b. (1) Afford all interested persons not less than twenty
days to submit data, views, or arguments in writing , including
in an electronic format . If timely requested in writing by
twenty-five interested persons, by a governmental subdivision,
by the administrative rules review committee, by an agency, or
by an association having not less than twenty-five members, the
agency must give interested persons an opportunity to make oral
presentation.
(2) The agency shall provide an opportunity to make these
oral presentations using the Iowa communications network
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or other electronic means if a request is received from
twenty-five interested persons residing in the same city or
county.
(3) The opportunity for oral presentation must be held
at least twenty days after publication of the notice of its
time and place in the Iowa administrative bulletin. The
agency shall consider fully all written and oral submissions
respecting the proposed rule. Within one hundred eighty
days following either the notice published according to the
provisions of paragraph “a” or within one hundred eighty
days after the last date of the oral presentations on the
proposed rule, whichever is later, the agency shall adopt a
rule pursuant to the rulemaking proceeding or shall terminate
the proceeding by publishing notice of termination in the Iowa
administrative bulletin.
Sec. 5. Section 17A.4, subsection 2, Code 2014, is amended
to read as follows:
2. An agency shall include in a preamble to each rule it
adopts a specific reference to the Code section or sections
being implemented and a brief explanation of the principal
reasons for its action and, if applicable, a brief explanation
of the principal reasons for its failure to provide in that
rule for the waiver of the rule in specified situations
if no such waiver provision is included in the rule. This
explanatory requirement does not apply when the agency adopts a
rule that only defines the meaning of a provision of law if the
agency does not possess delegated authority to bind the courts
to any extent with its definition. In addition, if requested
to do so by an interested person, either prior to adoption
or within thirty days thereafter, the agency shall issue a
concise statement of the principal reasons for and against the
rule adopted, incorporating therein the reasons for overruling
considerations urged against the rule. This concise statement
shall be issued either at the time of the adoption of the
rule or within thirty-five days after the agency receives the
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request.
Sec. 6. NEW SECTION . 17A.24 Rule implementation of federal
statute, regulation, or policy.
1. Except as otherwise explicitly authorized by state law,
an agency charged with the implementation of a federal statute,
regulation, or policy shall not implement the federal statute,
regulation, or policy in a manner that exceeds the specific
requirements of the federal statute, regulation, or policy.
2. Any portion of an agency rule or policy that implements
a federal statute, regulation, or policy and that exceeds the
specific requirements of the federal statute, regulation, or
policy is automatically superceded by the specific requirements
of that federal statute, regulation, or policy.
Sec. 7. Section 80A.4, subsection 1, paragraph g, Code 2014,
is amended to read as follows:
g. Has not been convicted of a crime described in section
708.3 , 708.4 , 708.5 , 708.6 , 708.8 , or 708.9 felony .
Sec. 8. Section 99G.24, subsection 7, paragraph a, Code
2014, is amended to read as follows:
a. Has been convicted of a criminal offense public offense
related to the security or integrity of the lottery in this or
any other jurisdiction.
Sec. 9. Section 135C.33, subsection 1, paragraph a, Code
2014, is amended to read as follows:
a. For the purposes of this section , the term “crime” does
not include offenses under chapter 321 classified as a simple
misdemeanor or equivalent simple misdemeanor offenses from
another jurisdiction means an aggravated misdemeanor or felony .
Sec. 10. Section 147.55, subsection 5, Code 2014, is amended
to read as follows:
5. Conviction of a crime an aggravated misdemeanor or felony
related to the profession or occupation of the licensee or the
conviction of any crime an aggravated misdemeanor or felony
that would directly affect the licensee’s ability to practice
within a profession. A copy of the record of conviction or
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plea of guilty shall be conclusive evidence of the conviction .
Sec. 11. Section 148.6, subsection 2, paragraph b, Code
2014, is amended to read as follows:
b. Being convicted of a felony in the courts of this state
or another state, territory, or country. Conviction as used in
this paragraph shall include a conviction of an offense which
if committed in this state would be deemed a felony without
regard to its designation elsewhere , or a criminal proceeding
in which a finding or verdict of guilt is made or returned, but
the adjudication of guilt is either withheld or not entered .
A certified copy of the final order or judgment of conviction
or plea of guilty in this state or in another state shall be
conclusive evidence of the conviction .
Sec. 12. Section 153.34, subsection 9, Code 2014, is amended
to read as follows:
9. For the conviction of a felony in the courts of this
state or another state, territory, or country. Conviction as
used in this subsection includes a conviction of an offense
which if committed in this state would be a felony without
regard to its designation elsewhere , and includes a finding or
verdict of guilt made or returned in a criminal proceeding even
if the adjudication of guilt is withheld or not entered . A
certified copy of the final order or judgment of conviction or
plea of guilty in this state or in another state constitutes
conclusive evidence of the conviction.
Sec. 13. Section 156.9, subsection 2, paragraph e, Code
2014, is amended to read as follows:
e. Conviction of any crime an aggravated misdemeanor
or felony related to the practice of mortuary science or
implicating the licensee’s competence to safely perform
mortuary science services, including but not limited to a
crime an aggravated misdemeanor or felony involving moral
character, dishonesty, fraud, theft, embezzlement, extortion,
or controlled substances, in a court of competent jurisdiction
in this state, or in another state, territory, or district of
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the United States, or in a foreign jurisdiction. For purposes
of this paragraph, “conviction” includes a guilty plea, deferred
judgment, or other finding of guilt. A certified copy of the
judgment is prima facie conclusive evidence of the conviction.
Sec. 14. Section 169.13, subsection 1, paragraph b, Code
2014, is amended to read as follows:
b. Being convicted of a felony in the courts of this state
or another state, territory, or country. Conviction as used
in this paragraph includes a conviction of an offense which
if committed in this state would be deemed a felony without
regard to its designation elsewhere , or a criminal proceeding
in which a finding or verdict of guilt is made or returned, but
the adjudication or guilt is either withheld or not entered . A
certified copy of the final order or judgment of conviction or
plea of guilty in this state or in another state is conclusive
evidence of the conviction .
Sec. 15. Section 272C.1, subsection 6, Code 2014, is amended
by adding the following new paragraph:
NEW PARAGRAPH . ag. The state racing and gaming commission
created in section 99D.5.
Sec. 16. Section 272C.3, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. Notwithstanding any other provision
of law to the contrary, a licensing board shall not treat a
deferred judgment or a final order resulting in a deferred
judgment, as deferred judgment is defined in section 907.1,
as a conviction in determining whether there are grounds for
licensee discipline or license denial, unless the deferred
judgment is withdrawn and judgment is entered as provided in
section 907.3, subsection 1.
Sec. 17. Section 523A.503, subsection 1, paragraph f, Code
2014, is amended to read as follows:
f. Conviction of a criminal offense an aggravated
misdemeanor or felony involving dishonesty or a false statement
including but not limited to fraud, theft, misappropriation of
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funds, falsification of documents, deceptive acts or practices,
or other related offenses.
Sec. 18. Section 543B.15, subsection 3, paragraph c, Code
2014, is amended by striking the paragraph.
Sec. 19. Section 543B.29, subsection 1, paragraph f,
unnumbered paragraph 1, Code 2014, is amended to read as
follows:
Conviction of an offense included in section 543B.15,
subsection 3 . For purposes of this section , “conviction” means
a conviction for an indictable offense and includes the court’s
acceptance of a guilty plea, a deferred judgment from the time
of entry of the deferred judgment until the time the defendant
is discharged by the court without entry of judgment, or other
finding of guilt by a court of competent jurisdiction. A copy
of the record of conviction, guilty plea, deferred judgment, or
other finding of guilt is conclusive evidence.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the rulemaking process and more
generally to agency decision making. As it relates to the
rulemaking process, the bill requires that the preamble
to proposed rulemaking specifically cite the statute being
implemented, and that agencies accept written material in an
electronic format, and allow persons to make oral presentations
on rules through the Iowa communications network or other
electronic means.
The bill provides that an agency shall not implement a
federal statute, regulation, or policy in a manner that exceeds
the specific requirements of the federal statute, regulation,
or policy, unless explicitly authorized by state law.
As it relates to agency decision making generally, the bill
requires that boards and commissions operate under Robert’s
rules of order.
The bill also relates to agency action concerning
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professional or occupational licensing. The bill restricts the
ability of a licensing board to consider a deferred judgment
when deciding whether to suspend or revoke a license or impose
some other licensee discipline. The bill also generally limits
offenses which may be so considered to aggravated misdemeanors
and felonies.
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