Bill Text: IA SF2167 | 2015-2016 | 86th General Assembly | Introduced

Iowa Senate Bill 2167 (Prior Session Legislation)

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) 2016-02-15 - Subcommittee, Dvorsky, Chapman, and Dearden. S.J. 229. [SF2167 Detail]

Download: Iowa-2015-SF2167-Introduced.html

Senate File 2167 - Introduced




                                 SENATE FILE       
                                 BY  SCHNEIDER

                                      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:
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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".
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