Bill Text: IA HSB696 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act concerning the executive branch rulemaking process and other agency functions and related matters.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-14 - Subcommittee recommends passage. Vote Total: 2-1. [HSB696 Detail]

Download: Iowa-2023-HSB696-Introduced.html

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House Study Bill 696 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED GOVERNOR BILL)
A BILL FOR
An Act concerning the executive branch rulemaking process and
other agency functions and related matters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
RULEMAKING AND RELATED MATTERS
Section 1. Section 2B.5A, subsection 4, Code 2024, is
amended by striking the subsection.
Sec. 2. Section 8A.206, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. Maintain, as an integral part of the law library, reports
of various boards and agencies , ; copies of journals of the
senate and house of representatives; electronic access to
bills , journals, and other information relating to current or
proposed legislation , copies of ; and electronic access to the
Iowa administrative bulletin and Iowa administrative code and,
consistent with section 17A.6, subsection 3 , copies of any
publications incorporated by reference in the bulletin or code .
Sec. 3. Section 10A.506, subsection 10, Code 2024, is
amended by striking the subsection.
Sec. 4. Section 17A.3, subsection 1, paragraphs a, b, and c,
Code 2024, are amended by striking the paragraphs.
Sec. 5. Section 17A.4, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
Prior to the adoption, amendment, or repeal of any rule an
agency shall submit the proposed rulemaking for preclearance to
the administrative rules coordinator in the manner prescribed
by the administrative rules coordinator and do all of the
following :
Sec. 6. Section 17A.4, subsection 3, paragraph a, Code 2024,
is amended to read as follows:
a. When the statute so provides, or with the approval of
the administrative rules review committee, if the committee
finds good cause that notice and public participation would be
unnecessary, impracticable, or contrary to the public interest,
the provisions of subsection 1 shall be inapplicable. However,
the requirement for prior submission to the administrative
rules coordinator for preclearance shall remain applicable.
Sec. 7. Section 17A.4A, subsections 1 and 5, Code 2024, are
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amended to read as follows:
1. An agency shall issue a regulatory analysis of a proposed
rule that complies with subsection 2 , paragraph paragraphs
“a” and “b” , if, within thirty-two days after the published
notice of proposed rule adoption, a written request for the
analysis is submitted to the agency by the administrative rules
review committee or the administrative rules coordinator. An
agency shall issue a regulatory analysis of a proposed rule
that complies with subsection 2 , paragraph “b” , if the rule
would have a substantial impact on small business and if,
within thirty-two days after the published notice of proposed
rule adoption, a written request for analysis is submitted to
the agency by the administrative rules review committee, the
administrative rules coordinator, at least twenty-five persons
signing that request who each qualify as a small business or
by an organization representing at least twenty-five such
persons. If a rule has been adopted without prior notice and
an opportunity for public participation in reliance upon prior
to submitting a notice of intended action to the administrative
rules coordinator and the administrative code editor pursuant
to section 17A.4, subsection 3 1 , the written request for an
analysis that complies with subsection 2 , paragraph “a” or “b” ,
may be made within seventy days of publication of the rule .
5. The agency shall not submit a notice of intended action
to the administrative rules coordinator and the administrative
code editor pursuant to section 17A.4, subsection 1, paragraph
“a” , for a proposed rule until the conclusion of the opportunity
for oral presentation required by subsection 4 and preclearance
by the administrative rules coordinator as required by section
17A.4, subsection 1. In the case of a rule adopted without
prior notice and an opportunity for public participation in
reliance upon section 17A.4, subsection 3 , the summary must
be published within agency shall have until seventy days of
after the request adoption to submit a regulatory analysis
as described in subsection 4 for publication in the Iowa
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administrative bulletin . If a rule adopted in reliance upon
section 17A.4, subsection 3, will be published in the Iowa
administrative bulletin concurrently with a corresponding
notice of intended action, a separate regulatory analysis for
the notice of intended action is not required.
Sec. 8. Section 17A.4A, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
Except to the extent that a written request for a regulatory
analysis expressly waives one or more of the following, the The
regulatory analysis must contain all of the following:
Sec. 9. Section 17A.4A, subsection 4, Code 2024, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. The agency shall submit the regulatory analysis to the
administrative code editor, who shall publish it in the Iowa
administrative bulletin. The regulatory analysis shall include
a statement of either the terms or substance of the agency’s
intended action or a description of the subjects and issues
involved. The agency shall afford all interested persons not
less than twenty days to submit data, views, or arguments in
writing, and the regulatory analysis shall include the time
when, the place where, and the manner in which interested
persons may do so. The agency shall give interested persons
an opportunity to make oral presentation on the regulatory
analysis. The opportunity for oral presentation shall be held
at least twenty days after publication of its time and place in
the Iowa administrative bulletin.
Sec. 10. Section 17A.4A, subsection 6, Code 2024, is amended
by striking the subsection.
Sec. 11. Section 17A.6, subsection 3, Code 2024, is amended
to read as follows:
3. An agency that adopts standards by reference to
another publication shall deliver a printed copy of post
the publication, or the relevant part of the publication,
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containing the standards to the administrative code editor who
shall deposit the copy in the state law library which shall
make it available for inspection and reference on the agency’s
internet site . The agency may instead deposit a printed copy
of the publication, or the relevant part of the publication, in
the state law library directly An agency shall not post a link
for this purpose to an internet site that is not maintained by
the agency . If a posted publication or part of a publication
varies from the publication or part adopted by reference as
described in subsection 5, the adoption by reference described
in subsection 5 shall control. This subsection does not apply
to a publication that is a federal statute or regulation.
Sec. 12. Section 17A.7, subsection 2, Code 2024, is amended
to read as follows:
2. Beginning July January 1, 2012 2027 , over each five-year
period of time, an each agency shall conduct an ongoing and
comprehensive review of all of the agency’s rules. The goal of
the review is the identification and elimination of all rules
of the agency that are outdated, redundant, or inconsistent or
incompatible with statute or its own rules or those of other
agencies. An Over each five-year period of time, an agency
shall commence its review by developing a plan of review in
consultation with major stakeholders and constituent groups
perform a retrospective analysis that includes a comprehensive
evaluation and rigorous cost-benefit analysis of each existing
chapter of rules to determine whether the benefits the rules
are intended to achieve are being realized, whether those
benefits justify the costs imposed by the rules, and whether
there are less restrictive alternatives to accomplish those
benefits . When the agency completes the five-year review of
the agency’s own rules, the agency shall provide a written
summary of the results to the administrative rules coordinator
and the administrative rules review committee. The summary
shall include all of the following for each chapter of rules:
a. The intended benefits of the rules and if the benefits
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are being achieved.
b. The costs imposed by the rules and if the costs are
justified by the benefits identified in paragraph “a” .
c. Less restrictive alternatives to the rules and an
analysis of how other states regulate the activities addressed
by the chapter.
Sec. 13. Section 17A.7, Code 2024, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. a. Each chapter of rules is rescinded
five years after the date on which the chapter as a whole
became effective. A chapter rescinded in this manner ceases
to be effective as of the date of rescission. Before or after
such rescission occurs, the agency that adopted the chapter
may adopt the chapter anew after completing a retrospective
analysis as described in subsection 2. Such adoption shall be
subject to this chapter. An agency adopting a chapter anew
as described in this subsection shall do so from a zero base.
Adoption of a chapter anew as described in this subsection
shall not include notation in a rulemaking document published
in the Iowa administrative bulletin of additions to or
deletions from the language of the prior chapter. For purposes
of this subsection, “zero base” means adoption of a chapter
anew without merely adopting the prior language of the chapter
and without any presumption in favor of utilizing the prior
language when the chapter is adopted anew.
b. The effective date of adoption, amendment, or rescission
of individual rules or portions of rules in a chapter, and the
date of any changes to the chapter or rules or portions of
rules in the chapter pursuant to section 2B.13, shall not be
considered when determining the effective date of the chapter
as a whole for purposes of this subsection. The date of
rescission of a chapter under paragraph “a” shall not be altered
if such date falls on a Saturday, Sunday, or holiday.
c. (1) If a chapter has been rescinded under this
subsection, the agency that adopted the chapter shall notify
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the administrative code editor in writing of the rescission.
The administrative rules coordinator may notify the
administrative code editor in writing on behalf of the agency.
(2) As soon as practicable after receiving such
notification, the administrative code editor shall publish
notice of the rescission in the Iowa administrative bulletin
and, no sooner than two weeks after such publication, remove
the chapter from the Iowa administrative code.
d. When a chapter of rules becoming effective as a whole is
published in the Iowa administrative code, the administrative
code editor shall include the next rescission date of the
chapter, as provided in this subsection, with the chapter.
e. For a chapter of rules that most recently became
effective as a whole prior to January 1, 2023, the effective
date of the chapter shall be deemed January 1, 2023, for
purposes of this subsection. For a chapter that most recently
became effective as a whole on or after January 1, 2023, the
date of rescission pursuant to this subsection shall be based
on the most recent effective date of the chapter as a whole.
Sec. 14. Section 17A.19, subsection 10, paragraphs b, c, l,
and m, Code 2024, are amended to read as follows:
b. Beyond the authority explicitly delegated to the agency
by any provision of law or in violation of any provision of
law.
c. Based upon an erroneous interpretation of a provision of
law whose interpretation has not clearly explicitly been vested
by a provision of law in the discretion of the agency.
l. Based upon an irrational, illogical, or wholly
unjustifiable interpretation of a provision of law whose
interpretation has clearly explicitly been vested by a
provision of law in the discretion of the agency.
m. Based upon an irrational, illogical, or wholly
unjustifiable application of law to fact that has clearly
explicitly been vested by a provision of law in the discretion
of the agency.
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Sec. 15. Section 17A.19, subsection 11, paragraphs a, b, and
c, Code 2024, are amended to read as follows:
a. Shall not give any deference to the view of the agency
with respect to whether particular matters have been explicitly
vested by a provision of law in the discretion of the agency.
b. Should not give any deference to the view of the
agency with respect to particular matters that have not been
explicitly vested by a provision of law in the discretion of
the agency.
c. Shall give appropriate deference to the view of the
agency with respect to particular matters that have been
explicitly vested by a provision of law in the discretion of
the agency.
Sec. 16. Section 17A.23, subsections 3 and 4, Code 2024, are
amended to read as follows:
3. a. An agency shall have only that authority or
discretion explicitly delegated to or explicitly conferred
upon the agency by law and shall not expand or enlarge its
authority or discretion beyond the powers explicitly delegated
to or explicitly conferred upon the agency. Unless otherwise
specifically explicitly provided in statute, a grant of
rulemaking authority shall be construed narrowly.
b. Rulemaking authority is explicitly delegated to or
explicitly conferred on an agency as follows:
(1) An agency may adopt rules interpreting the provisions
of any statute enforced or administered by the agency if a
statute explicitly grants the agency rulemaking authority over
the statutory provision; however, a rule is not valid if the
rule exceeds the bounds of correct interpretation. All of the
following apply to the adoption of a rule interpreting the
provisions of a statute enforced or administered by an agency:
(a) A statutory or nonstatutory provision containing a
statement or declaration of legislative intent, purpose,
findings, or policy does not delegate rulemaking authority to
or confer rulemaking authority on the agency, or augment the
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agency’s rulemaking authority, beyond the rulemaking authority
that is explicitly delegated to or explicitly conferred on the
agency by a statute.
(b) A statutory provision describing the agency’s general
powers or duties does not delegate rulemaking authority to
or confer rulemaking authority on the agency, or augment the
agency’s rulemaking authority, beyond the rulemaking authority
that is explicitly delegated to or explicitly conferred on the
agency by a statute.
(c) A statutory provision containing a specific standard,
requirement, or threshold does not delegate to or confer on the
agency the authority to adopt, enforce, or administer a rule
that contains a standard, requirement, or threshold that is
more restrictive than the standard, requirement, or threshold
contained in the statutory provision.
(2) An agency may prescribe forms and procedures in
connection with any statute enforced or administered by the
agency if the agency considers such prescription necessary to
effectuate the purpose of the statute, but this subparagraph
does not authorize the imposition of a substantive requirement
in connection with a form or procedure.
(3) An agency authorized to exercise discretion in deciding
individual cases may formalize the general policies evolving
from the agency’s decisions by adopting the general policies
as rules that the agency shall follow until such rules are
amended or repealed. A rule adopted in accordance with this
subparagraph is valid only to the extent that the agency
has discretion to base an individual decision on the policy
expressed in the rule.
(4) An agency may adopt rules implementing or interpreting
a statute that the agency will enforce or administer after
enactment of the statute but prior to the statute’s effective
date. A rule adopted under this subparagraph shall not take
effect prior to the effective date of the statute that the rule
implements or interprets.
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4. An agency shall not implement or enforce any standard,
requirement, or threshold, including any term or condition of a
permit or license issued by the agency, unless that standard,
requirement, or threshold is clearly explicitly required or
clearly explicitly permitted by a state statute, rule adopted
pursuant to this chapter , or a federal statute or regulation,
or is explicitly required by a court ruling, a state or federal
executive order, a state or federal directive that would result
in the gain or loss of specific funding, or a federal waiver.
Sec. 17. NEW SECTION . 17A.24 Uniform rules on agency
procedure.
1. The administrative rules coordinator may adopt uniform
rules on agency procedure that are suitable for general
applicability to agencies. Such adoption and such rules
shall be subject to this chapter. Such rules may address the
subjects of agency procedures for rulemaking, petitions for
rulemaking, waiver of rules, declaratory orders, contested
cases, and fair information practices.
2. If an agency does not have rules in effect that address
a subject provided in subsection 1, and uniform rules on agency
procedure addressing the subject are in effect, such uniform
rules shall apply to the agency as though the agency had
adopted them.
3. An agency may adopt rules providing for additions,
exceptions, or amendments to a uniform rule on agency procedure
that, pursuant to subsection 2, is applicable to the agency.
4. This section does not apply to uniform rules on agency
procedure published prior to January 1, 2024, and does not
affect the validity of rules that have adopted such uniform
rules by reference.
5. The attorney general shall assist the administrative
rules coordinator in implementation of this section upon
request.
Sec. 18. Section 89.5, subsection 3, Code 2024, is amended
by striking the subsection.
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Sec. 19. Section 89A.3, subsection 5, Code 2024, is amended
by striking the subsection.
Sec. 20. Section 455B.173, subsection 2, Code 2024, is
amended by adding the following new paragraph:
NEW PARAGRAPH . c. Rules adopted to implement this
subsection are not subject to section 17A.7, subsection 2 or 3.
Sec. 21. Section 543D.5, subsection 5, Code 2024, is amended
to read as follows:
5. Notwithstanding any provision to the contrary, the
provisions in section 10A.506, subsections 6 through 9, 11, and
12, shall apply to the board and to activities governed under
this chapter.
DIVISION II
EXECUTIVE BRANCH AGENCY FUNCTIONS
Sec. 22. Section 7D.29, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. The notification requirement specified in paragraph “a”
is not applicable to a request for the expenditure of disaster
aid from the contingent fund created in section 29C.20 or
to a request for the expenditure of disaster aid individual
assistance grant funds pursuant to section 29C.20A .
Sec. 23. Section 29A.27, subsection 6, paragraph a, Code
2024, is amended to read as follows:
a. All payments provided for under this section shall
be paid on the approval of the adjutant general from the
contingent fund of the executive council department created in
section 29C.20 .
Sec. 24. Section 29C.20, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
A contingent fund is created in the state treasury for the
use of the executive council department . Funding for the
contingent fund , if authorized by the executive council, shall
be paid from the appropriations addressed in section 7D.29 .
Moneys in the contingent fund may be expended for the following
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purposes:
Sec. 25. Section 29C.20, subsection 1, paragraph a,
subparagraph (6), subparagraph division (b), Code 2024, is
amended to read as follows:
(b) Upon application by a governmental subdivision in
such an area, accompanied by a showing of obligations and
expenditures necessitated by an actual or potential disaster
in a form and with further information the executive council
department requires, the aid may be made in the discretion of
the executive council department and, if made, shall be in the
nature of a loan up to a limit of seventy-five percent of the
showing of obligations and expenditures. The loan, without
interest, shall be repaid by the maximum annual emergency
levy authorized by section 24.6 , or by the appropriate levy
authorized for a governmental subdivision not covered by
section 24.6 . The aggregate total of loans shall not exceed
one million dollars during a fiscal year. A loan shall not be
for an obligation or expenditure occurring more than two years
previous to the application.
Sec. 26. Section 29C.20, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. When a state department or agency requests that moneys
from the contingent fund be expended to repair, rebuild, or
restore state property injured, destroyed, or lost by fire,
storm, theft, or unavoidable cause, or to repair, rebuild,
or restore state property that is fiberoptic cable and that
is injured or destroyed by a wild animal, or to purchase a
police service dog for the department of corrections when such
a dog is injured or destroyed, or for payment of the expenses
incurred by and claims of a homeland security and emergency
response team when acting under the authority of section 29C.8 ,
the executive council department shall consider the original
source of the funds for acquisition of the property before
authorizing the expenditure. If the original source was other
than the general fund of the state, the department or agency
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shall be directed to utilize moneys from the original source if
possible. The executive council department shall not authorize
the repairing, rebuilding, or restoring of the property from
the disaster aid contingent fund if it determines that moneys
from the original source are available to finance the project.
Sec. 27. Section 29C.20, subsections 2, 3, 4, and 5, Code
2024, are amended to read as follows:
2. The proceeds of such loan shall be applied toward the
payment of costs and obligations necessitated by such actual or
potential disaster and the reimbursement of local funds from
which such expenditures have been made. Any such project for
repair, rebuilding , or restoration of state property for which
no specific appropriation has been made , shall, before work is
begun, be subject to approval or rejection by the executive
council department .
3. If the president of the United States, at the request of
the governor, has declared a major disaster to exist in this
state, the executive council department may make financial
grants to meet disaster-related necessary expenses, serious
needs, or hazard mitigation projects of local governments and
eligible private nonprofit agencies adversely affected by the
major disaster if those expenses or needs cannot otherwise be
met from other means of assistance. The amount of the grant
shall not exceed ten percent of the total eligible expenses and
is conditional upon the federal government providing at least
seventy-five percent for public assistance grants and at least
fifty percent for hazard mitigation grants of the eligible
expenses.
4. If the president, at the request of the governor,
has declared a major disaster to exist in this state, the
executive council department may make financial grants to
meet disaster-related necessary expenses or serious needs of
individuals or families adversely affected by a major disaster
which cannot otherwise adequately be met from other means
of assistance. The amount of a financial grant shall not
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exceed the maximum federal authorization in the aggregate to
an individual or family in any single major disaster declared
by the president. All grants authorized to individuals and
families will be subject to the federal government providing
no less than seventy-five percent of each grant and the
declaration of a major disaster in the state by the president
of the United States.
5. If the president, at the request of the governor, has
declared a major disaster to exist in this state, the executive
council department may lease or purchase sites and develop
such sites to accommodate temporary housing units for disaster
victims.
Sec. 28. Section 103.31, subsection 6, Code 2024, is amended
to read as follows:
6. The board shall establish an internet-based licensure
verification database for access by a state or local inspector
for verification of licensee status. The database shall
include the name of every person licensed under this chapter
and a corresponding licensure number. However, the licensee’s
home address, home telephone number, and other personal
information as determined by rule shall be confidential.
Inspectors shall be authorized to request the name and
license number of any person working at a job site subject to
inspection for verification of licensee status. Licensees
under this chapter shall be required to carry a copy of their
current license and photo identification at all times when
employed on a job site for compliance with this subsection .
Sec. 29. Section 105.20, subsection 5, paragraph a, Code
2024, is amended to read as follows:
a. The board shall establish continuing education
requirements pursuant to section 272C.2 . The basic continuing
education requirement for renewal of a license shall be the
completion, during the immediately preceding license term, of
the number of classroom hours of instruction required by the
board in courses or seminars which have been approved by the
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board. The board shall require at least eight classroom hours
of instruction during each three-year licensing term.
Sec. 30. Section 256.7, subsection 6, Code 2024, is amended
to read as follows:
6. Hear appeals of persons aggrieved by decisions of boards
of directors of school corporations under chapter 290 and
other appeals prescribed by law in a manner consistent with
chapter 17A . The state board may review the record and shall
review the proposed decision of the director of the department
of education or the administrative law judge employed by
the division of administrative hearings created by section
10A.801 and designated for any appeals heard and decided by
the director under chapter 290 pursuant to section 17A.15,
subsection 3 , and may affirm, modify, or vacate the decision,
or may direct a rehearing before the director.
Sec. 31. Section 272C.1, subsection 6, Code 2024, is amended
by adding the following new paragraph:
NEW PARAGRAPH . ag. The real estate appraiser examining
board, created pursuant to chapter 543D.
Sec. 32. Section 272C.2, subsection 1, Code 2024, is amended
to read as follows:
1. Each licensing board shall may require and issue rules
for continuing education requirements as a condition to license
renewal.
Sec. 33. Section 272C.2, subsection 2, unnumbered paragraph
1, Code 2024, is amended to read as follows:
The rules shall may create continuing education requirements
at a minimum level prescribed by each licensing board. These
boards may also establish continuing education programs
to assist a licensee in meeting such continuing education
requirements. Such If adopted, such rules shall also:
Sec. 34. Section 290.5, Code 2024, is amended to read as
follows:
290.5 Decision of state board —— rules for appeals.
The decision of the state board shall be final. The state
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board may adopt rules of procedure for hearing appeals which
shall include the power to delegate the actual hearing of
the appeal to the director of the department of education or
the director’s designee, and members of the director’s staff
designated by the director. The record of appeal so heard
shall be available to the state board , and , if required by
section 256.7, subsection 6, the decision recommended by the
director of the department of education or the designated
administrative law judge shall be approved by the state board
in the manner provided in section 256.7, subsection 6 therein .
Sec. 35. Section 450.6, subsection 2, Code 2024, is amended
by striking the subsection.
Sec. 36. Section 455B.133, subsections 1 and 2, Code 2024,
are amended to read as follows:
1. Develop comprehensive plans and programs for the
abatement, control, and prevention of air pollution in this
state, recognizing varying requirements for different areas
in the state. The plans may include emission limitations,
schedules and timetables for compliance with the limitations,
measures to prevent the significant deterioration of air
quality and other measures as necessary to assure attainment
and maintenance of ambient air quality standards. The
commission is not required to use air dispersion modeling as
a basis for making its findings under this subsection for a
minor source or minor modification of a major stationary source
unless modeling is specifically provided for under the federal
Clean Air Act as amended through January 1, 1991, rules adopted
under this chapter, or a federal or state agreement.
2. Adopt, amend, or repeal rules pertaining to the
evaluation, abatement, control, and prevention of air
pollution. The rules may include those that are necessary
to obtain approval of the state implementation plan under
section 110 of the federal Clean Air Act as amended through
January 1, 1991. The commission is not required to adopt rules
that use air dispersion modeling for a minor source or minor
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modification of a major stationary source unless modeling is
specifically required by the federal Clean Air Act as amended
through January 1, 1991, or a federal or state agreement.
Sec. 37. Section 455B.134, subsection 3, Code 2024, is
amended by adding the following new paragraph:
NEW PARAGRAPH . g. The department is not required to use
air dispersion modeling as a basis for making its findings
under this subsection for a minor source or minor modification
of a major stationary source unless modeling is specifically
provided for under the federal Clean Air Act as amended through
January 1, 1991, rules adopted under this chapter, or a federal
or state agreement.
Sec. 38. Section 509A.5, subsection 2, Code 2024, is amended
to read as follows:
2. Any interest earnings from investments or time deposits
of the funds under the control of the state executive council
department of administrative services shall be deposited to the
credit of these funds.
Sec. 39. Section 509A.11, subsection 1, Code 2024, is
amended to read as follows:
1. “Governing body” means the executive council of the state
director of the department of administrative services , the
school boards of school districts, and the superintendent or
other person in charge of an institution supported in whole or
in part by public funds.
Sec. 40. Section 543D.7, Code 2024, is amended to read as
follows:
543D.7 Certification process.
Applications for original certification, renewal
certification, and examinations shall be made in writing to the
board on forms approved by through the board board’s electronic
system .
Sec. 41. Section 543D.9, Code 2024, is amended to read as
follows:
543D.9 Education and experience requirement.
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The board shall determine what real estate appraisal or
real estate appraisal review experience and what education
shall be required to provide appropriate assurance that
an applicant for certification is competent to perform the
certified appraisal work which is within the scope of practice
defined by the board. All experience required for initial
certification shall be performed as a registered associate
real estate appraiser acting under the direct supervision of
a certified real estate appraiser who meets the supervisory
requirements established by applicable federal authorities or
federal law, rule, or policy in effect at the time the hours
of experience are claimed, except as the board may provide by
rule. Subject to requirements or limitations established by
applicable federal authorities or federal law, rule, or policy,
hours qualifying for experience in a bordering state will
be considered qualifying hours for experience in this state
without requiring a waiver or authorization from the board in
accordance with rules and standards adopted by the board , as
long as a majority of qualifying hours are completed in this
state . Qualifying hours completed in a bordering state shall
be under the direct supervision of a certified real estate
appraiser with active certification in that bordering state.
The board shall prescribe a required minimum number of tested
hours of education relating to the provisions of this chapter ,
the uniform appraisal standards, and other rules issued in
accordance with this chapter .
Sec. 42. Section 543D.13, Code 2024, is amended to read as
follows:
543D.13 Principal place of business.
1. Each certified real estate appraiser shall advise the
board of the address of the appraiser’s principal place of
business and all other addresses at which the appraiser is
currently engaged in the business of preparing real estate
appraisal reports .
2. When a certified real estate appraiser changes the
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appraiser’s principal place of business, the appraiser
shall immediately give written notification of the submit an
application for a change to the board and apply for an amended
certificate of address through the board’s electronic system .
3. Each certified real estate appraiser shall notify the
board of the appraiser’s current residence address. Residence
addresses on file with the board are exempt from disclosure as
public records unless the residence address is the address of
the appraiser’s principal place of business .
Sec. 43. Section 543D.14, Code 2024, is amended to read as
follows:
543D.14 Certificate.
A certificate issued under this chapter shall bear the
signature or facsimile signature name of the member or names
of the members of the board as designated by the board and a
certificate number assigned by the board.
Sec. 44. Section 543D.16, subsections 2 and 3, Code 2024,
are amended to read as follows:
2. The basic continuing education requirement for renewal
of certification shall be the completion, before June 30 of
the year in which the appraiser’s certificate expires, of
the number of hours of instruction required by the appraiser
qualifications board of the appraisal foundation in courses or
seminars which have received the preapproval of the board.
3. The provisions of section 272C.2, subsection 4 , shall
only apply to a certified real estate appraiser or an associate
real estate appraiser to the extent consistent with the
policies adopted by the appraisal appraiser qualifications
board of the appraisal foundation.
Sec. 45. Section 543D.20, subsection 1, paragraph c, Code
2024, is amended to read as follows:
c. The person is solely providing administrative services,
such as taking photographs, preparing charts, or typing
reports, and is not providing real estate appraisal assistance
in developing the analysis, valuation, opinions, or conclusions
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associated with the appraisal assignment. Such a person shall
only enter a dwelling if supervised by the appraiser.
Sec. 46. Section 543D.20, subsection 2, Code 2024, is
amended to read as follows:
2. The board shall establish by rule the terms and
conditions of the registration of associate real estate
appraisers, including the educational and other prerequisites
to registration, the fees for registration and the renewal
of registration, and the continuing education requirements
for renewal of registration. The board shall consider and
may incorporate any guidelines recommended by the appraisal
appraiser qualifications board of the appraisal foundation
relating to associate real estate appraisers.
Sec. 47. Section 543D.22, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. Subject to paragraphs “b” and “c” , the board may require
a national criminal history check through the federal bureau of
investigation for applicants for certification or registration,
or for persons certified or registered under this chapter ,
if needed for credibility, to comply with federal law or
regulation, or the policies of the appraisal qualification
appraiser qualifications board of the appraisal foundation.
The board may alternatively require a national criminal
history check through the nationwide mortgage licensing system
and registry, as defined in section 535D.3 , when conducting
background investigations under this section , if authorized by
applicable federal law or regulation.
Sec. 48. Section 668A.1, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. If the answer or finding pursuant to subsection 1 ,
paragraph “b” , is negative, and if the claim is not against
any physician and surgeon, osteopathic physician and surgeon,
dentist, podiatric physician, optometrist, pharmacist,
chiropractor, physician assistant, or nurse, licensed under
chapter 147 , or a hospital licensed under chapter 135B ,
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arising out of patient care, and if the claim is not part of
a civil action involving the operation of a commercial motor
vehicle, then after payment of all applicable costs and fees,
an amount not to exceed twenty-five percent of the punitive or
exemplary damages awarded may be ordered paid to the claimant,
with the remainder of the award to be ordered paid into a
civil reparations trust fund administered by the state court
administrator. Funds placed in the civil reparations trust
shall be under the control and supervision of the executive
council equally distributed each fiscal year to the department
of health and human services and the department of insurance
and financial services , and shall be disbursed only for
purposes of indigent civil litigation programs or insurance
assistance programs.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill concerns the executive branch rulemaking process
and other agency functions and related matters.
DIVISION I —— EXECUTIVE BRANCH RULEMAKING AND RELATED
MATTERS.
PRECLEARANCE OF RULEMAKING. The division requires that
agencies submit proposed rulemaking to the administrative rules
coordinator for preclearance in the manner prescribed by the
administrative rules coordinator before the rulemaking is
submitted for publication in the Iowa administrative bulletin
(bulletin) as a notice of intended action. This requirement
also applies to rules adopted without prior notice and an
opportunity for public participation (emergency rules).
REGULATORY ANALYSIS OF RULES. The division modifies
procedures and requirements for regulatory analyses of proposed
rules under Code section 17A.4A. The division requires that
agencies issue regulatory analyses of all proposed rules,
rather than upon request of specified entities as required
under current law. The division requires that before a notice
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of intended action is published in the bulletin, the agency
shall submit a regulatory analysis of the content of the notice
for publication in the bulletin. The regulatory analysis must
include a statement of either the terms or substance of the
agency’s intended action or a description of the subjects and
issues involved. The regulatory analysis must also provide
20 days for interested persons to submit data, views, or
arguments in writing and give interested persons an opportunity
to make oral presentation that is held at least 20 days after
publication of the time and place in the bulletin.
An agency shall not submit a notice of intended action
for publication in the bulletin until the conclusion of the
opportunity for oral presentation and preclearance by the
administrative rules coordinator. In the case of an emergency
rule, the agency shall have until 70 days after the adoption to
submit a regulatory analysis for publication in the bulletin.
If an emergency rule will be published in the bulletin
concurrently with a corresponding notice of intended action, a
separate regulatory analysis for the notice is not required.
MATERIALS IN STATE LAW LIBRARY —— ADOPTIONS BY REFERENCE.
The division strikes a requirement that printed copies of
publications containing standards adopted by reference by
agencies, other than federal statutes and regulations, be
deposited in the state law library. The division instead
requires an agency to post such materials on the agency’s
internet site. The division prohibits posting a link for
this purpose to an internet site that is not maintained by
the agency. If a posted publication or part of a publication
varies from the publication or part as adopted by reference by
an agency under current law, the adoption by reference shall
control, rather than the post by the agency.
The division additionally provides that the state law
library shall maintain electronic access to the Iowa
administrative bulletin, Iowa administrative code, bills, and
other information relating to current or proposed legislation,
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rather than paper copies of such materials as required by
current law.
FIVE-YEAR REVIEW AND RESCISSION OF RULES. The division
modifies the ongoing five-year review of rules required under
Code section 17A.7, subsection 2. The division changes the
beginning of the review period from July 1 to January 1. The
division requires that the review include a retrospective
analysis that includes a comprehensive evaluation and rigorous
cost-benefit analysis of each existing chapter of rules as
specified in the division. The division specifies content that
must be included in review summaries, which relates to costs,
benefits, and less restrictive alternatives to the rules. The
division strikes a requirement that agencies commence the
review by developing a plan of review in consultation with
major stakeholders and constituent groups.
The division establishes a process for ongoing rescission of
rules in the Iowa administrative code. The division provides
that each chapter of rules is rescinded five years after the
date on which the chapter as a whole became effective. A
chapter rescinded in this manner ceases to be effective as
of the date of rescission. Before or after the rescission,
the agency that adopted the chapter may adopt the chapter
anew after completing a retrospective analysis as described
in the division. An agency adopting a chapter anew shall
do so from a zero base, which is defined as adoption of a
chapter anew without merely adopting the prior language of the
chapter and without any presumption in favor of utilizing the
prior language when the chapter is adopted anew. Adoption
of a chapter anew shall not include notation in a rulemaking
document published in the bulletin of additions to or deletions
from the language of the prior chapter.
The division provides that the effective date of adoption,
amendment, or rescission of individual rules or portions of
rules in a chapter shall not be considered when determining the
effective date of the chapter as a whole for purposes of the
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ongoing rescission process.
If a chapter has been rescinded under this process, the
agency that adopted the chapter shall notify the administrative
code editor in writing of the rescission. The administrative
rules coordinator may notify the administrative code editor in
writing on behalf of the agency. As soon as practicable after
receiving such notification, the administrative code editor
shall publish notice of the rescission in the bulletin and,
no sooner than two weeks after such publication, remove the
chapter from the Iowa administrative code. When a chapter of
rules becoming effective as a whole is published in the Iowa
administrative code, the division requires the administrative
code editor to include the next rescission date of the chapter.
For a chapter of rules that most recently became effective
as a whole prior to January 1, 2023, the effective date of the
chapter shall be deemed January 1, 2023, for purposes of the
ongoing rescission process. For a chapter that most recently
became effective as a whole on or after January 1, 2023, the
date of rescission shall be based on the most recent effective
date of the chapter as a whole.
The division exempts certain rules adopted by the
environmental protection commission relating to water quality
standards, pretreatment standards, and effluent standards from
the ongoing five-year rules review and rescission processes.
DELEGATION OF AUTHORITY TO AGENCIES. The division provides
standards for agency rulemaking authority. Rulemaking
authority is explicitly delegated to or explicitly conferred on
an agency as provided in the division. The division provides
that an agency may adopt rules interpreting the provisions
of any statute enforced or administered by the agency if a
statute explicitly grants the agency rulemaking authority over
the statutory provision, but a rule is not valid if the rule
exceeds the bounds of correct interpretation. The division
provides standards for adoption of a rule interpreting the
provisions of a statute enforced or administered by an agency.
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The division provides that a statutory or nonstatutory
provision containing a statement or declaration of legislative
intent, purpose, findings, or policy does not delegate
rulemaking authority to or confer rulemaking authority on an
agency, or augment the agency’s rulemaking authority, beyond
the rulemaking authority that is explicitly delegated to or
explicitly conferred on the agency by a statute.
The division provides that a statutory provision describing
an agency’s general powers or duties does not delegate
rulemaking authority to or confer rulemaking authority on the
agency, or augment the agency’s rulemaking authority, beyond
the rulemaking authority that is explicitly delegated to or
explicitly conferred on the agency by a statute.
The division provides that a statutory provision containing
a specific standard, requirement, or threshold does not
delegate to or confer on an agency the authority to adopt,
enforce, or administer a rule that contains a standard,
requirement, or threshold that is more restrictive than the
standard, requirement, or threshold contained in the statutory
provision.
The division authorizes an agency to prescribe forms
and procedures in connection with any statute enforced or
administered by the agency if the agency considers it necessary
to effectuate the purpose of the statute, but this provision
does not authorize the imposition of a substantive requirement
in connection with a form or procedure.
The division provides that an agency authorized to exercise
discretion in deciding individual cases may formalize the
general policies evolving from its decisions by adopting the
policies as rules that the agency shall follow until such rules
are amended or repealed. A rule adopted in this manner is
valid only to the extent that the agency has discretion to base
an individual decision on the policy expressed in the rule.
The division authorizes an agency to adopt rules
implementing or interpreting a statute that it will enforce
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or administer after enactment of the statute but prior to the
statute’s effective date. Such a rule shall not take effect
prior to the effective date of the statute that it implements
or interprets.
The division modifies various references in Code chapter 17A
to delegations of authority to agencies and judicial review
thereof to specify that such delegations are only valid if the
delegation is explicit.
The division strikes language requiring agencies to adopt
rules providing a description of the organization of the
agency, the methods by which and location where the public
may obtain information or make submissions or requests, and
related matters; rules of practice setting forth the nature and
requirements of all formal and informal procedures available
to the public; and rules embodying appropriate standards,
principles, and procedural safeguards that the agency will
apply to the law it administers.
UNIFORM RULES ON AGENCY PROCEDURE. The division authorizes
the administrative rules coordinator to adopt uniform rules on
agency procedure that are suitable for general applicability
to agencies. Such adoption and such rules shall be subject
to Code chapter 17A. Such rules may address the subjects of
agency procedures for rulemaking, petitions for rulemaking,
waiver of rules, declaratory orders, contested cases, and fair
information practices.
If an agency does not have rules in effect that address these
subjects, and uniform rules on agency procedure addressing the
subject are in effect, such uniform rules shall apply to the
agency as though the agency had adopted them. The division
authorizes an agency to adopt rules providing for additions,
exceptions, or amendments to a uniform rule on agency procedure
applicable to the agency.
The portions of the division addressing uniform rules on
agency procedure do not apply to uniform rules on agency
procedure published prior to January 1, 2024, and do not
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affect the validity of rules that have adopted such uniform
rules by reference. Uniform rules on agency procedure were
originally published in 1985 and updates were published in
1999. The division requires the attorney general to assist
the administrative rules coordinator in implementation of the
uniform rules on agency procedure as provided in the division
upon request.
DIVISION II —— EXECUTIVE BRANCH AGENCY FUNCTIONS.
DUTIES OF EXECUTIVE COUNCIL. The division modifies
various duties carried out by the executive council. Duties
relating to the contingent fund for disaster aid shall
instead be carried out by the department of homeland security
and emergency management. For purposes of group insurance
for state employees, the director of the department of
administrative services is designated as a governing body under
Code chapter 509A rather than the executive council. Funds in
the civil reparations trust fund shall be equally distributed
each fiscal year to the department of health and human services
and the department of insurance and financial services rather
than under the control and supervision of the executive
council. The division strikes a provision authorizing the tax
liability of a beneficiary, heir, surviving joint tenant, or
other transferee to be paid in whole or in part by the transfer
of real property or tangible personal property to the state
or a political subdivision of the state to be used for public
purposes upon the approval of the executive council.
APPEALS TO STATE BOARD OF EDUCATION. The division provides
that administrative appeals heard by the state board of
education shall be heard in a manner consistent with Code
chapter 17A, including that the state board will only review
a proposed decision by the director of the department of
education or an administrative law judge on the board's own
motion or if the decision is appealed.
ELECTRICAL EXAMINING BOARD —— CONFIDENTIALITY OF LICENSEE
PERSONAL INFORMATION. The division provides that the home
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address, home telephone number, and other personal information,
as determined by rule, of licensees of the electrical examining
board shall be confidential for purposes of the board’s
licensure verification database.
LICENSING BOARDS —— CONTINUING EDUCATION. The division
strikes a requirement that licensing boards subject to Code
chapter 272C require and issue rules for continuing education
requirements as a condition to license renewal. The division
makes such rulemaking discretionary.
DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES ——
ENVIRONMENTAL PROTECTION COMMISSION —— AIR QUALITY —— AIR
DISPERSION MODELING. For purposes of plans, programs, and
rules of the environmental protection commission relating to
the evaluation, abatement, control, and prevention of air
pollution, and permits for the construction or operation of
new, modified, or existing air contaminant sources and for
related control equipment, the division provides that the
commission is not required to use air dispersion modeling
unless modeling is specifically provided for under the federal
Clean Air Act as amended through January 1, 1991, rules adopted
by the commission, or a federal or state agreement.
REAL ESTATE APPRAISER EXAMINING BOARD FUNCTIONS. The
division specifies that the real estate appraiser examining
board is a licensing board for purposes of Code chapter 272C,
relating to regulation of licensed professions and occupations.
The division modifies various requirements relating to
regulation of real estate appraisers by the board under Code
chapter 543D.
The division provides that specified matters required to be
carried out in writing shall be carried out through the board’s
electronic system.
The division strikes a requirement that a majority of
qualifying hours be completed in Iowa for purposes of hours of
qualifying experience in a bordering state for certification
as a real estate appraiser that will be considered qualifying
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hours for experience in Iowa without requiring a waiver or
authorization from the board.
The division strikes a requirement that a certified real
estate appraiser advise the board of addresses at which the
appraiser is currently engaged in the business of preparing
real estate appraisal reports other than the appraiser’s
principal place of business.
The division provides that a certified real estate
appraiser’s residence address is not exempt from disclosure as
a public record if the residence address is the address of the
appraiser’s principal place of business.
The division strikes a requirement that a certificate
issued under Code chapter 543D bear the signature or facsimile
signature of the member or members of the board and instead
provides that a certificate need only include the name of the
member or members.
The division specifies that the number of hours of
instruction that satisfy the basic continuing education
requirement for renewal of a real estate appraiser
certification is the number of hours required by the appraiser
qualifications board of the appraisal foundation rather than
the real estate appraiser examining board.
The division provides that a person who assists a certified
real estate appraiser in the development or reporting of an
appraisal assignment that is required to be performed by a
certified real estate appraiser by providing administrative
services, and not providing real estate appraisal assistance,
shall only enter a dwelling if supervised by the appraiser.
The division corrects erroneous references to the name of
the appraiser qualifications board of the appraisal foundation.
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