Bill Text: IA HF2426 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to regulation and supervision of executive branch administrative units that regulate a profession.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-02 - Subcommittee, Pettengill, Stutsman, and Watts. H.J. 400. [HF2426 Detail]
Download: Iowa-2015-HF2426-Introduced.html
House File 2426 - Introduced HOUSE FILE BY PETTENGILL A BILL FOR 1 An Act relating to regulation and supervision of executive 2 branch administrative units that regulate a profession. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5352YH (4) 86 tr/nh PAG LIN 1 1 Section 1. Section 2A.4, Code 2016, is amended by adding the 1 2 following new subsection: 1 3 NEW SUBSECTION. 13. a. Reviewing of legislation creating 1 4 or modifying an executive branch administrative unit that 1 5 regulates a profession to evaluate all of the following: 1 6 (1) Whether the legislation enacts a least restrictive 1 7 regulatory approach necessary to protect consumers. 1 8 (2) Whether the legislation impacts opportunities for 1 9 workers, consumer costs or choices, market competition, costs 1 10 to the state, or unemployment. 1 11 (3) How the legislation compares to similar legislation in 1 12 other states. 1 13 b. The legislative services agency shall submit an 1 14 annual report by January 1 to the general assembly regarding 1 15 legislation enacted during the preceding legislative session 1 16 that created or modified an executive branch administrative 1 17 unit that regulates a profession. In accordance with 1 18 subsection 1, the report submitted shall not contain any public 1 19 policy recommendations. 1 20 c. Beginning January 1, 2018, the legislative services 1 21 agency shall review the administrative rules of each executive 1 22 branch administrative unit that regulates a profession on a 1 23 five=year rotation schedule to evaluate compliance by those 1 24 administrative units with the goals set forth in section 7E.1, 1 25 subsection 4. Beginning January 1, 2019, the legislative 1 26 services agency shall submit an annual report to the general 1 27 assembly regarding its evaluation. In accordance with 1 28 subsection 1, the report submitted shall not contain any public 1 29 policy recommendations. 1 30 Sec. 2. Section 7E.1, Code 2016, is amended by adding the 1 31 following new subsection: 1 32 NEW SUBSECTION. 4. Policy of state regarding regulation 1 33 of professions. In maintaining its responsibility for 1 34 regulating executive branch administrative units that regulate 1 35 a profession, the state shall: 2 1 a. Pursue policies that increase opportunities, promote 2 2 competition, and encourage innovation. 2 3 b. Adopt the least restrictive regulations necessary to 2 4 protect consumers. 2 5 c. Enforce laws or rules relating to the regulation of 2 6 professions against a person only to the extent the person is 2 7 engaged in the practice explicitly regulated by the laws or 2 8 rules governing a particular administrative unit. 2 9 d. Provide active supervision of executive branch 2 10 administrative units that regulate a profession to ensure that 2 11 those administrative units and their employees avoid liability 2 12 under federal antitrust laws. 2 13 Sec. 3. Section 13.2, subsection 1, Code 2016, is amended by 2 14 adding the following new paragraph: 2 15 NEW PARAGRAPH. q. (1) Engage in active supervision of 2 16 all executive branch administrative units that regulate a 2 17 profession. The attorney general shall ensure through active 2 18 supervision that all executive branch administrative units that 2 19 regulate a profession pursue a least restrictive regulatory 2 20 approach. 2 21 (2) The regulatory approach used by an executive branch 2 22 administrative unit shall be evaluated based on the following 2 23 list of regulatory activities ranked from least to most 2 24 restrictive: 2 25 (a) Market competition regulations. 2 26 (b) Private certification requirements. 2 27 (c) A special private civil cause of action to remedy 2 28 consumer harm. 2 29 (d) Deceptive trade practices regulations. 2 30 (e) Regulation of the process of providing the specific 2 31 goods or services to consumers. 2 32 (f) Inspection requirements. 2 33 (g) Bonding or insurance requirements. 2 34 (h) Registration requirements. 2 35 (i) Government certification requirements. 3 1 (j) Professional licensure requirements. 3 2 (3) (a) For purposes of this paragraph "q", "active 3 3 supervision" means approval, modification, or rejection of any 3 4 of the following actions proposed to be taken by an executive 3 5 branch administrative unit that regulates a profession: 3 6 (i) Any disciplinary action against a person authorized to 3 7 practice the profession by the administrative unit. 3 8 (ii) Adoption of a new, or an amendment to an existing, rule 3 9 or policy. 3 10 (b) "Active supervision" includes conducting investigations 3 11 and cooperating with the legislative services agency to perform 3 12 the duties described in section 2A.4, subsection 13, paragraph 3 13 "c", to determine the least restrictive regulatory approaches 3 14 for each executive branch administrative unit that regulates 3 15 a profession and ways to minimize exposure to antitrust 3 16 challenges. "Active supervision" does not include provision of 3 17 general counsel or representation in a court, hearing, or other 3 18 tribunal action involving the state, any subdivision of the 3 19 state, or any state officer in the officer's official capacity. 3 20 EXPLANATION 3 21 The inclusion of this explanation does not constitute agreement with 3 22 the explanation's substance by the members of the general assembly. 3 23 This bill establishes a state policy for the regulation 3 24 of executive branch administrative units that regulate a 3 25 profession. The bill requires the legislative services agency 3 26 to review all legislation that creates or modifies executive 3 27 branch administrative units that regulate a profession and 3 28 instructs the agency to conduct a review of the administrative 3 29 rules of such administrative units and submit an annual 3 30 report to the general assembly. The bill requires the 3 31 attorney general to actively supervise all executive branch 3 32 administrative units that regulate a profession. The bill 3 33 provides guidance to the attorney general in how to provide 3 34 "active supervision" and establishes a hierarchy of regulatory 3 35 activities to determine a "least restrictive regulatory 4 1 approach". LSB 5352YH (4) 86 tr/nh
