Bill Text: IA SSB3142 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of state government, including the review and sunset of state boards and agencies, the regulation of professions and occupations, and investigations conducted by state boards, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-20 - Committee report approving bill, renumbered as SF 2392. [SSB3142 Detail]
Download: Iowa-2019-SSB3142-Introduced.html
Senate
Study
Bill
3142
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
the
operation
of
state
government,
1
including
the
review
and
sunset
of
state
boards
and
2
agencies,
the
regulation
of
professions
and
occupations,
3
and
investigations
conducted
by
state
boards,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
REGULATION
OF
PROFESSIONS
2
Section
1.
NEW
SECTION
.
272C.12
Definitions.
3
For
the
purposes
of
this
subchapter:
4
1.
“Health
profession
board”
means
an
entity
regulating,
5
licensing,
or
certifying
a
profession
regulated
pursuant
to
6
Title
IV,
subtitle
3.
7
2.
“Nonhealth
profession”
means
a
profession
regulated
by
8
this
state
other
than
provided
in
Title
IV,
subtitle
3.
9
3.
“Regulated
health
profession”
means
a
profession
10
regulated
pursuant
to
Title
IV,
subtitle
3.
11
4.
“Unregulated
health
profession”
means
a
profession
12
pursuant
to
Title
IV,
subtitle
3,
that
is
not
currently
13
regulated
by
any
entity
of
this
state.
14
5.
“Unregulated
nonhealth
profession”
means
a
profession
15
that
is
not
currently
regulated
by
any
entity
of
this
state
16
that
is
not
an
unregulated
health
profession.
17
Sec.
2.
NEW
SECTION
.
272C.13
Regulation
of
unregulated
18
health
professions.
19
1.
An
unregulated
health
profession
shall
not
be
subject
20
to
regulation
by
any
entity
of
this
state
for
the
purpose
of
21
prohibiting
competition
but
only
for
the
exclusive
purpose
of
22
protecting
the
public
interest.
All
proposed
legislation
to
23
regulate
an
unregulated
health
profession
shall
be
reviewed
by
24
the
general
assembly
to
determine
that
all
of
the
following
25
conditions
are
met:
26
a.
There
is
credible
evidence
that
the
unregulated
27
practice
of
the
unregulated
health
profession
will
clearly
28
harm
or
endanger
the
public
health,
safety,
or
welfare
and
the
29
potential
for
harm
is
easily
recognizable
and
not
remote.
30
b.
The
public
needs
and
can
reasonably
be
expected
31
to
benefit
from
an
assurance
of
initial
and
continuing
32
professional
ability.
33
c.
The
public
cannot
be
effectively
protected
by
other
means
34
in
a
more
cost-efficient
manner.
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2.
Prior
to
considering
proposed
legislation
to
regulate
an
1
unregulated
health
profession
for
passage
to
the
floor
of
the
2
senate
or
the
house
of
representatives,
a
legislative
committee
3
to
which
proposed
legislation
to
regulate
an
unregulated
4
health
profession
has
been
referred
shall
consider
whether
the
5
conditions
in
subsection
1
have
been
met.
If
the
committee
6
finds
that
the
conditions
in
subsection
1
have
been
met,
the
7
committee
shall
consider
whether
the
legislation
is
the
least
8
restrictive
method
of
regulation
to
address
the
specific
harm
9
or
danger
identified
in
this
subsection.
10
a.
If
existing
common
law
and
statutory
civil
actions
and
11
criminal
prohibitions
are
not
sufficient
to
eradicate
existing
12
harm,
the
legislation
shall
provide
for
stricter
civil
actions
13
and
criminal
prohibitions.
14
b.
If
a
service
is
being
performed
for
individuals
that
15
involves
a
hazard
to
the
public
health,
safety,
or
welfare,
the
16
legislation
shall
impose
inspection
requirements
and
enable
an
17
appropriate
state
entity
to
respond
to
a
violation
by
seeking
18
injunctive
relief
in
court.
19
c.
If
the
threat
to
the
public
health,
safety,
or
welfare
20
is
relatively
small
as
a
result
of
the
operation
of
the
21
unregulated
health
profession,
the
legislation
shall
implement
22
a
system
of
registration.
23
d.
If
a
consumer
may
have
a
substantial
basis
for
relying
24
on
the
services
of
a
practitioner
of
an
unregulated
health
25
profession,
the
legislation
shall
implement
a
system
of
26
certification.
27
e.
If
the
legislative
committee
determines
that
adequate
28
regulation
cannot
be
achieved
by
means
other
than
licensing,
29
the
legislation
shall
implement
a
system
of
licensing.
30
3.
The
legislative
committee
shall
submit
its
findings
31
regarding
whether
the
proposed
legislation
meets
the
conditions
32
in
subsections
1
and
2
to
the
president
of
the
senate
and
the
33
speaker
of
the
house
of
representatives,
who
shall
make
the
34
findings
available
to
each
member
of
the
general
assembly.
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Sec.
3.
NEW
SECTION
.
272C.14
Proposed
regulation
of
1
unregulated
health
professions
——
written
reports.
2
1.
A
member
of
the
general
assembly
introducing
proposed
3
legislation
to
regulate
an
unregulated
health
profession
4
shall
submit
with
the
legislation
a
report
addressing
the
5
requirements
contained
in
subsection
2.
The
report
shall
be
6
submitted
to
the
president
of
the
senate
and
the
speaker
of
the
7
house
of
representatives
and
made
available
on
the
internet
8
site
of
the
general
assembly.
9
2.
The
report
shall
address
all
of
the
following
and
10
identify
the
source
of
all
information
contained
in
the
report:
11
a.
Why
regulation
is
necessary
including
all
of
the
12
following:
13
(1)
The
nature
of
the
potential
harm
to
the
public
if
the
14
unregulated
health
profession
is
not
regulated
and
the
extent
15
to
which
there
is
a
threat
to
the
public
health,
safety,
or
16
welfare.
17
(2)
The
extent
to
which
consumers
need
and
will
benefit
18
from
a
method
of
regulation,
including
the
identification
19
of
competent
practitioners
and
typical
employers
in
the
20
profession.
21
(3)
The
extent
of
autonomy
a
practitioner
has,
as
indicated
22
by
the
extent
to
which
the
profession
calls
for
the
exercise
23
of
independent
judgment
and
the
extent
to
which
a
practitioner
24
is
supervised.
25
b.
The
efforts
made
to
address
the
problem
addressed
by
the
26
legislation
including
all
of
the
following:
27
(1)
Voluntary
efforts,
if
any,
undertaken
by
members
of
the
28
profession.
29
(2)
Recourse
to,
and
the
extent
of
use
of,
applicable
law
30
and
whether
the
law
could
be
amended
to
control
the
problem.
31
c.
The
alternatives
considered
including
all
of
the
32
following:
33
(1)
Regulation
of
business
employers
or
practitioners
34
rather
than
employee
practitioners.
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(2)
Regulation
of
the
program
or
service
rather
than
1
individual
practitioners.
2
(3)
Registration
of
all
practitioners.
3
(4)
Certification
of
all
practitioners.
4
(5)
Other
viable
alternatives.
5
(6)
If
licensing
is
sought,
why
licensing
would
serve
to
6
protect
the
public
interest.
7
d.
The
benefit
to
the
public
if
regulation
is
granted
8
including
all
of
the
following:
9
(1)
The
extent
to
which
the
incidence
of
specific
problems
10
present
in
the
unregulated
health
profession
can
reasonably
be
11
expected
to
be
reduced
by
regulation.
12
(2)
Whether
the
public
can
identify
qualified
13
practitioners.
14
(3)
The
extent
to
which
the
public
can
be
confident
that
15
qualified
practitioners
are
competent
including
all
of
the
16
following:
17
(a)
The
composition,
powers,
duties,
and
practices
of
the
18
proposed
regulatory
entity.
19
(b)
Whether
current
practitioners
of
an
unregulated
health
20
profession
will
be
allowed
to
continue
to
practice
and
whether
21
they
will
be
required
to
meet
the
qualifications
for
the
22
regulated
health
profession.
23
(c)
The
nature
of
the
standards
proposed
for
registration,
24
certification,
or
licensure
as
compared
with
the
standards
in
25
other
jurisdictions.
26
(d)
Whether
the
proposed
regulatory
entity
would
be
27
authorized
to
enter
into
reciprocity
agreements
with
other
28
jurisdictions.
29
(e)
The
nature
and
duration
of
any
training
and
experience
30
required,
whether
applicants
will
be
required
to
pass
an
31
examination,
and
whether
there
will
be
alternative
methods
to
32
enter
the
health
profession.
33
(4)
Assurances
from
the
public
that
practitioners
have
34
maintained
their
competence
including
all
of
the
following:
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(a)
Whether
a
registration,
certificate,
or
license
will
1
include
an
expiration
date.
2
(b)
Whether
the
renewal
of
a
registration,
certificate,
3
or
license
will
be
based
only
on
payment
of
a
fee
or
whether
4
renewal
will
involve
reexamination,
peer
review,
or
other
5
enforcement.
6
e.
The
extent
to
which
regulation
might
harm
the
public
7
including
all
of
the
following:
8
(1)
The
extent
to
which
regulation
will
restrict
entry
into
9
the
profession
including
all
of
the
following:
10
(a)
Whether
the
proposed
standards
are
more
restrictive
11
than
necessary
to
ensure
a
practitioner’s
safe
and
effective
12
performance
in
the
practice
of
the
profession.
13
(b)
Whether
the
proposed
legislation
requires
registered,
14
certified,
or
licensed
practitioners
in
other
jurisdictions
15
who
relocate
to
this
state
to
qualify
in
the
same
manner
as
16
other
applicants
if
the
other
jurisdiction
has
substantially
17
equivalent
requirements
for
registration,
certification,
or
18
licensure.
19
(2)
Whether
there
are
professions
similar
to
the
20
unregulated
health
profession
that
should
be
included
in,
or
21
portions
of
the
unregulated
health
profession
that
should
be
22
excluded
from,
the
proposed
legislation.
23
f.
The
maintenance
of
professional
standards
including
all
24
of
the
following:
25
(1)
Whether
effective
quality
assurance
standards
exist
26
in
the
profession
such
as
legal
requirements
associated
with
27
specific
programs
that
define
or
enforce
standards
or
a
code
28
of
ethics.
29
(2)
How
the
proposed
legislation
will
ensure
quality,
30
including
whether
a
code
of
ethics
will
be
adopted
and
the
31
grounds
for
suspension
or
revocation
of
a
registration,
32
certificate,
or
license.
33
g.
A
description
of
the
group
proposed
for
regulation,
34
including
a
list
of
associations,
organizations,
and
other
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professional
groups
representing
practitioners
in
this
state,
1
an
estimate
of
the
number
of
practitioners
in
each
professional
2
group,
and
whether
the
professional
groups
represent
different
3
levels
of
practice.
4
h.
The
expected
costs
of
regulation,
including
the
impact
of
5
costs
on
the
public
and
costs
imposed
on
this
state.
6
Sec.
4.
NEW
SECTION
.
272C.15
Proposed
increased
regulation
7
of
regulated
health
professions
——
written
reports.
8
1.
A
member
of
the
general
assembly
introducing
proposed
9
legislation
to
expand
the
scope
of
practice
of
a
regulated
10
health
profession
shall
submit
with
the
legislation
a
report
11
addressing
the
requirements
contained
in
subsection
2.
The
12
report
shall
be
submitted
to
the
president
of
the
senate
and
13
the
speaker
of
the
house
of
representatives
and
made
available
14
on
the
internet
site
of
the
general
assembly.
15
2.
The
report
shall
address
all
of
the
following
and
16
identify
the
source
of
all
information
contained
in
the
report:
17
a.
Why
an
expanded
scope
of
practice
for
the
regulated
18
health
profession
is
beneficial,
including
the
extent
to
which
19
health
care
consumers
need
and
will
benefit
from
safe,
quality
20
health
care
from
practitioners
within
the
expanded
scope
of
21
practice.
22
b.
Whether
expanding
the
scope
of
practice
of
practitioners
23
in
the
regulated
health
profession
will
require
practitioners
24
to
have
didactic
and
clinical
education
from
accredited
25
professional
schools
or
training
from
recognized
programs
that
26
prepare
them
to
perform
within
the
proposed
expanded
scope
of
27
practice,
and
specific
educational
or
training
requirements
for
28
that
proposed
expanded
scope
of
practice.
29
c.
Whether
the
subject
matter
of
the
proposed
expanded
scope
30
of
practice
is
currently
tested
by
nationally
recognized
and
31
accepted
examinations
for
applicants
for
professional
licensure
32
and
the
details
of
the
examination
relating
to
the
expanded
33
scope
of
practice.
34
d.
The
extent
to
which
the
proposed
expanded
scope
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of
practice
will
impact
the
practice
of
practitioners
1
currently
licensed
in
this
state
or
the
entry
into
practice
2
of
practitioners
who
have
relocated
from
other
states
with
3
substantially
equivalent
requirements
for
registration,
4
certification,
or
licensure
in
this
state.
5
e.
The
extent
to
which
implementing
the
proposed
expanded
6
scope
of
practice
may
result
in
savings
or
a
cost
to
this
state
7
and
to
the
public.
8
f.
The
relevant
regulated
health
profession
licensure
laws,
9
if
any,
in
this
state
and
other
states.
10
g.
Recommendations,
if
any,
the
applicable
regulatory
entity
11
or
entities,
the
department
of
public
health,
and
accredited
12
educational
or
training
programs.
13
3.
a.
Prior
to
considering
proposed
legislation
to
14
expand
the
scope
of
practice
of
a
regulated
health
profession
15
for
passage
to
the
floor
of
the
senate
or
the
house
of
16
representatives,
a
legislative
committee
to
which
proposed
17
legislation
has
been
referred
shall
consider
all
of
the
18
following:
19
(1)
Whether
the
expansion
of
a
regulated
health
20
profession’s
scope
of
practice
is
only
for
the
purpose
of
21
protecting
the
public
from
a
specific
harm
or
danger.
22
(2)
Whether
the
addition
of
adequately
trained
23
practitioners
providing
an
expanded
range
of
health
care
24
services
will
have
a
beneficial
effect
on
the
public
and
25
increase
access
to
safe,
quality
health
care.
26
(3)
Whether
any
changes
in
the
entity
regulating
the
27
regulated
health
profession
are
necessary
to
protect
the
28
public.
29
b.
The
legislative
committee
shall
not
consider
competition
30
with
or
from
other
regulated
health
professions
or
whether
a
31
practitioner
will
be
able
to
obtain
health
insurance
coverage
32
for
the
proposed
expanded
scope
of
practice.
33
Sec.
5.
NEW
SECTION
.
272C.16
Continuing
education
34
requirements
——
evidence
of
efficacy.
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A
member
of
the
general
assembly
introducing
proposed
1
legislation
to
impose
or
increase
a
continuing
education
2
requirement
on
a
regulated
health
profession
shall
submit
with
3
the
legislation
evidence
that
such
a
requirement
has
proven
4
effective
for
the
health
profession.
The
evidence
shall
be
5
submitted
to
the
president
of
the
senate
and
the
speaker
of
the
6
house
of
representatives
and
made
available
on
the
internet
7
site
of
the
general
assembly.
8
Sec.
6.
NEW
SECTION
.
272C.17
Regulation
of
unregulated
9
nonhealth
professions.
10
1.
An
unregulated
nonhealth
profession
shall
not
be
11
regulated
except
for
the
exclusive
purpose
of
protecting
the
12
public
interest.
All
proposed
legislation
to
regulate
an
13
unregulated
nonhealth
profession
shall
be
reviewed
by
the
14
legislative
committee
to
which
the
proposed
legislation
is
15
referred
to
ensure
that
all
of
the
following
requirements
are
16
met:
17
a.
The
unregulated
practice
of
the
nonhealth
profession
can
18
clearly
harm
the
public
health,
safety,
or
welfare.
19
b.
The
actual
or
anticipated
public
benefit
of
the
20
regulation
clearly
exceeds
the
costs
imposed
by
the
regulation
21
on
consumers,
businesses,
and
individuals.
22
c.
The
public
needs
and
can
reasonably
be
expected
23
to
benefit
from
an
assurance
of
initial
and
continuing
24
professional
ability.
25
d.
The
public
cannot
be
effectively
protected
by
private
26
certification
or
other
alternatives.
27
2.
If
a
legislative
committee
finds
that
the
proposed
28
legislation
satisfies
the
conditions
in
subsection
1,
the
29
committee
shall
examine
data
from
multiple
sources
and
shall
30
consider
evidence
of
actual
harm
to
the
public
related
to
31
the
unregulated
nonhealth
profession
being
considered
for
32
regulation.
The
evidence
may
include
industry
association
33
data;
federal,
state,
and
local
government
data;
business
34
reports;
complaints
to
law
enforcement,
relevant
state
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agencies,
and
the
better
business
bureau;
and
data
from
1
agencies
in
other
states
with
and
without
similar
systems
of
2
regulation.
3
3.
If,
after
consideration
of
evidence
pursuant
to
4
subsection
2,
the
legislative
committee
finds
that
it
is
5
necessary
to
regulate
an
unregulated
nonhealth
profession,
the
6
committee
shall
review
the
proposed
legislation
to
determine
7
whether
it
is
the
least
restrictive
regulation
necessary
and
8
whether
the
regulation
protects
a
discrete
interest
group
from
9
economic
competition.
10
4.
The
legislative
committee
shall
submit
its
findings
11
regarding
whether
the
proposed
legislation
meets
the
12
requirements
of
subsections
1,
2,
and
3
to
the
president
of
the
13
senate
and
the
speaker
of
the
house
of
representatives,
who
14
shall
make
the
findings
available
to
each
member
of
the
general
15
assembly.
16
Sec.
7.
NEW
SECTION
.
272C.18
Proposed
regulation
of
17
unregulated
nonhealth
professions
——
written
reports.
18
1.
A
member
of
the
general
assembly
introducing
legislation
19
to
regulate
an
unregulated
nonhealth
profession
shall
submit
20
with
the
legislation
a
report
addressing
the
requirements
21
contained
in
subsection
2.
The
report
shall
be
submitted
to
22
the
president
of
the
senate
and
the
speaker
of
the
house
of
23
representatives
and
made
available
on
the
internet
site
of
the
24
general
assembly.
25
2.
The
report
shall
address
all
of
the
following
and
26
identify
the
source
of
all
information
contained
in
the
report:
27
a.
Why
regulation
is
necessary
including
what
particular
28
problem
regulation
would
address.
29
b.
The
efforts
made
to
address
the
problem.
30
c.
The
alternatives
considered.
31
d.
The
benefit
to
the
public
of
regulating
the
profession.
32
e.
The
extent
to
which
regulation
might
harm
the
public.
33
f.
The
maintenance
of
professional
standards
including
all
34
of
the
following:
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(1)
Whether
effective
quality
assurance
standards
exist
1
in
the
profession
such
as
legal
requirements
associated
with
2
specific
programs
that
define
or
enforce
standards
or
a
code
3
of
ethics.
4
(2)
How
the
proposed
legislation
will
assure
quality
5
including
the
extent
to
which
a
code
of
ethics
will
be
6
adopted
and
the
grounds
for
the
suspension
or
revocation
of
a
7
registration,
certificate,
or
license.
8
g.
A
description
of
the
profession
proposed
for
regulation,
9
including
a
list
of
associations,
organizations,
and
other
10
professional
groups
representing
practitioners
in
this
state,
11
an
estimate
of
the
number
of
practitioners
in
each
profession,
12
and
whether
the
professional
groups
represent
different
levels
13
of
practice.
14
h.
The
expected
costs
of
regulation,
including
the
impact
of
15
costs
on
the
public
and
costs
imposed
on
this
state.
16
DIVISION
II
17
STATE
BOARD
AND
AGENCY
SUNSET
——
SCHEDULE
——
REVIEW
18
Sec.
8.
NEW
SECTION
.
4A.1
Short
title.
19
This
chapter
shall
be
known
as
and
may
be
cited
as
the
“Iowa
20
Occupational
Sunset
Act”
.
21
Sec.
9.
NEW
SECTION
.
4A.2
Definitions.
22
As
used
in
this
chapter,
unless
the
context
otherwise
23
requires:
24
1.
“Board”
means
any
department,
commission,
institution,
25
bureau,
office,
or
other
agency
of
the
executive
branch
that
26
issues
a
license
in
Iowa.
27
2.
“Board
review
criteria”
means
the
criteria
required
to
be
28
considered
under
section
4A.5.
29
3.
“Committee”
means
the
sunset
advisory
committee
created
30
pursuant
to
section
4A.3.
31
4.
“Sunset”
means
the
termination
of
all
activities
of
a
32
board.
33
5.
“Sunset
review”
means
the
process
of
review
of
a
board
by
34
the
committee
pursuant
to
section
4A.5.
35
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Sec.
10.
NEW
SECTION
.
4A.3
Sunset
advisory
committee
1
established.
2
1.
A
sunset
advisory
committee
is
established
which
shall
3
carry
out
the
functions
provided
in
this
chapter
and
in
chapter
4
4B.
5
2.
a.
The
committee
shall
consist
of
three
members
of
the
6
senate
appointed
by
the
majority
leader
of
the
senate,
two
7
members
of
the
senate
appointed
by
the
minority
leader
of
the
8
senate,
three
members
of
the
house
of
representatives
appointed
9
by
the
speaker
of
the
house
of
representatives,
two
members
of
10
the
house
of
representatives
appointed
by
the
minority
leader
11
of
the
house
of
representatives,
and
one
ex
officio,
nonvoting
12
member
appointed
by
the
governor.
13
b.
Notwithstanding
section
2.32A,
members
shall
be
appointed
14
no
later
than
the
first
day
of
the
first
regular
session
of
15
each
general
assembly
and
shall
serve
for
terms
ending
upon
16
the
convening
of
the
following
general
assembly
or
when
their
17
successors
are
appointed,
whichever
is
later.
A
vacancy
shall
18
be
filled
in
the
same
manner
as
the
original
appointment
19
and
shall
be
for
the
remainder
of
the
unexpired
term
of
the
20
vacancy.
21
3.
The
committee
shall
elect
a
chairperson
and
vice
22
chairperson.
The
committee
shall
prescribe
its
rules
of
23
procedure.
24
4.
The
members
of
the
committee
shall
be
reimbursed
for
25
actual
and
necessary
expenses
incurred
in
the
performance
26
of
their
duties
and
shall
be
paid
a
per
diem
as
specified
27
in
section
2.10
for
each
day
in
which
they
engaged
in
the
28
performance
of
their
duties.
However,
per
diem
compensation
29
and
expenses
shall
not
be
paid
when
the
general
assembly
is
30
actually
in
session
at
the
seat
of
government.
Expenses
and
31
per
diem
shall
be
paid
from
funds
appropriated
pursuant
to
32
section
2.12.
33
5.
Administrative
assistance
shall
be
provided
by
the
34
legislative
services
agency
and
by
staff
of
each
caucus
of
the
35
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general
assembly.
1
Sec.
11.
NEW
SECTION
.
4A.4
Sunset
of
boards.
2
1.
A
board
shall
be
scheduled
to
sunset
on
December
31
3
of
the
fifth
calendar
year
after
the
date
the
board
was
4
created
or
last
renewed,
or
on
December
31,
2026,
whichever
5
is
later,
subject
to
a
review
pursuant
to
section
4A.5,
6
and
on
December
31
every
five
calendar
years
thereafter
if
7
renewed,
and
if
not
renewed,
a
board
shall
sunset
on
June
30
8
of
the
following
calendar
year
after
the
board
is
scheduled
9
to
sunset.
The
sunset
of
a
board
under
this
subsection
shall
10
allow
an
individual
to
engage
in
a
profession,
occupation,
or
11
occupational
activity
previously
licensed
by
the
board
without
12
a
license,
notwithstanding
any
law
requiring
an
individual
to
13
possess
a
license
to
engage
in
that
profession,
occupation,
or
14
occupational
activity.
15
2.
The
treasurer
of
state
shall
not
authorize
the
16
expenditure
of
any
moneys
for
a
board
on
or
after
the
date
of
17
a
board’s
sunset.
18
3.
The
procedure
for
a
board
that
has
sunset
shall
be
19
the
same
as
provided
for
the
sunset
of
an
agency
pursuant
to
20
section
4B.6.
21
4.
A
board
may
be
renewed
by
the
enactment
of
a
law
that
22
continues
the
statutes
creating,
empowering,
governing,
or
23
regulating
the
board.
The
amendment
of
a
statute
creating,
24
empowering,
governing,
or
regulating
a
board
from
the
time
the
25
board
was
last
reviewed
pursuant
to
section
4A.5
and
the
time
26
the
board
is
next
scheduled
to
be
reviewed
shall
not
change
the
27
next
scheduled
review
date
of
the
board
unless
the
amendment
28
expressly
so
provides.
29
5.
Notwithstanding
subsections
1
through
3,
a
board
that
30
performs
functions
other
than
licensure
or
regulation
that
31
sunsets
pursuant
to
subsections
1
through
3
shall
continue
in
32
existence
and
shall
continue
to
perform
a
board’s
functions,
33
and
shall
continue
to
receive
funds
designated
for
the
board
34
by
law.
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Sec.
12.
NEW
SECTION
.
4A.5
Sunset
reviews.
1
1.
Prior
to
the
date
on
which
a
board
is
scheduled
to
2
sunset,
the
committee
shall
review
the
usefulness,
performance,
3
and
efficacy
of
the
board.
The
committee
shall
hold
hearings
4
to
receive
the
testimony
of
the
public
and
of
the
chief
5
executive
officer
of
the
board.
After
completing
a
review,
the
6
committee
shall
prepare
and
publish
a
report
of
its
findings
7
and
recommendations
as
provided
in
section
4A.6.
8
2.
The
legislative
services
agency
shall
establish
a
9
schedule
for
the
committee
to
review
each
board
such
that
the
10
committee
reviews
approximately
one-fifth
of
all
boards
each
11
calendar
year
and
each
board
has
been
reviewed
once
between
12
the
calendar
years
2021
and
2026,
and
in
each
five-year
period
13
after
the
date
a
board
has
been
renewed.
The
committee
may
14
modify
the
schedule
as
necessary
to
facilitate
the
efficient
15
administration
of
the
committee,
but
in
no
case
shall
more
than
16
five
calendar
years
pass
before
a
board
is
subject
to
a
sunset
17
review.
18
3.
A
board
that
is
scheduled
for
review
shall
submit
a
19
report
to
the
committee
prior
to
the
date
that
it
is
scheduled
20
for
review
that
includes
all
of
the
following
information:
21
a.
The
board’s
primary
purpose
and
its
goals
and
objectives.
22
b.
The
board’s
past
and
anticipated
workload,
the
number
of
23
staff
required
to
complete
that
workload,
and
the
board’s
total
24
number
of
staff.
25
c.
The
board’s
past
and
anticipated
budgets
and
its
sources
26
of
funding.
27
d.
The
number
of
members
that
compose
the
governing
board
or
28
other
governing
entity
of
the
board
and
member
compensation,
29
if
any.
30
4.
A
board
subject
to
review
shall
bear
the
burden
of
31
demonstrating
to
the
committee
a
public
need
for
its
continued
32
existence.
In
determining
whether
a
board
has
met
that
33
burden,
the
committee
shall
consider
all
of
the
following,
as
34
applicable:
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a.
Whether
continuation
of
the
board
is
necessary
to
protect
1
the
health,
safety,
or
welfare
of
the
public,
and
if
so,
2
whether
the
board’s
authority
is
narrowly
tailored
to
protect
3
against
present,
recognizable,
and
significant
harms
to
the
4
health,
safety,
or
welfare
of
the
public.
5
b.
Whether
the
public
could
be
protected
or
served
in
an
6
alternate
or
less
restrictive
manner.
7
c.
Whether
the
board
serves
a
specific
private
interest.
8
d.
Whether
rules
adopted
by
the
board
are
consistent
with
9
the
legislative
mandate
of
the
board
as
expressed
in
the
10
statutes
that
created
and
empowered
the
board.
11
e.
The
extent
to
which
the
board’s
jurisdiction
and
programs
12
overlap
or
duplicate
those
of
other
boards,
the
extent
to
which
13
the
board
coordinates
with
those
other
boards,
and
the
extent
14
to
which
the
board’s
programs
could
be
consolidated
with
the
15
programs
of
other
state
departments
or
boards.
16
f.
The
number
of
other
states
that
regulate
the
occupation,
17
whether
a
license
is
required
to
engage
in
the
occupation
in
18
other
states,
whether
the
initial
licensing
and
license
renewal
19
requirements
for
the
occupation
are
substantially
equivalent
20
in
every
state,
and
the
amount
of
regulation
exercised
by
the
21
board
compared
to
the
regulation,
if
any,
in
other
states.
22
g.
The
extent
to
which
significant
changes
in
the
board’s
23
rules
could
prevent
an
individual
licensed
in
this
state
from
24
practicing,
or
allow
an
individual
licensed
in
this
state
to
25
practice,
the
same
occupation
in
another
jurisdiction
without
26
obtaining
an
occupational
license
for
that
occupation
in
that
27
other
jurisdiction.
28
h.
Whether
the
board
recognizes
national
uniform
licensure
29
requirements
for
the
occupation.
30
i.
Whether
private
contractors
could
be
used,
in
an
31
effective
and
efficient
manner,
either
to
assist
the
board
in
32
the
performance
of
its
duties
or
to
perform
the
board’s
duties
33
in
place
of
the
board.
34
j.
Whether
the
operation
of
the
board
has
inhibited
economic
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growth,
reduced
efficiency,
or
increased
government
costs.
1
k.
An
assessment
of
the
authority
of
the
board
regarding
2
fees,
inspections,
enforcement,
and
penalties.
3
l.
The
extent
to
which
the
board
has
permitted
qualified
4
applicants
to
serve
the
public.
5
m.
The
extent
to
which
the
board
has
allowed
individuals
to
6
practice
elements
of
the
occupation
without
a
license.
7
n.
The
cost-effectiveness
of
the
board
in
terms
of
the
8
number
of
employees,
services
rendered,
and
administrative
9
costs
incurred,
both
past
and
present.
10
o.
Whether
the
board’s
operation
has
been
impeded
or
11
enhanced
by
existing
statutes
and
procedures
and
by
budgetary,
12
resource,
and
personnel
practices.
13
p.
Whether
the
board
has
recommended
statutory
changes
to
14
the
general
assembly
that
would
benefit
the
public
rather
than
15
the
individuals
regulated
by
the
board,
if
any,
and
whether
the
16
board’s
recommendations
and
other
policies
have
been
adopted
17
and
implemented.
18
q.
Whether
the
board
has
required
any
individuals
subject
to
19
the
board’s
regulations
to
report
to
the
board
the
impact
of
20
board
rules
and
decisions
on
the
public
as
they
affect
service
21
costs
and
service
delivery.
22
r.
Whether
individuals
regulated
by
the
board,
if
any,
have
23
been
required
to
assess
problems
in
their
business
operations
24
that
affect
the
public.
25
s.
Whether
the
board
has
encouraged
public
participation
in
26
its
rulemaking
and
decision
making.
27
t.
The
efficiency
with
which
formal
public
complaints
filed
28
with
the
board
have
been
processed
to
completion.
29
u.
Whether
the
purpose
for
which
the
board
was
created
has
30
been
fulfilled,
has
changed,
or
no
longer
exists.
31
v.
Whether
federal
law
requires
that
the
board
be
renewed
32
in
some
form.
33
w.
An
assessment
of
the
administrative
hearing
process
of
34
the
board
if
the
board
has
an
administrative
hearing
process,
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and
whether
the
hearing
process
is
consistent
with
due
process
1
rights.
2
x.
Whether
the
requirement
for
an
occupational
license
3
is
consistent
with
the
principles
expressed
in
section
4C.2,
4
serves
a
meaningful,
defined
public
interest,
and
provides
the
5
least
restrictive
form
of
regulation
that
adequately
protects
6
the
public
interest.
7
y.
The
extent
to
which
licensing
ensures
that
practitioners
8
have
occupational
skill
sets
or
competencies
that
are
9
substantially
related
to
protecting
consumers
from
present,
10
significant,
and
substantiated
harms
that
threaten
the
public
11
health,
safety,
or
welfare,
and
the
impact
that
those
criteria
12
have
on
applicants
for
a
license,
particularly
those
with
13
moderate
or
low
incomes,
seeking
to
enter
the
occupation
or
14
profession.
15
z.
The
extent
to
which
the
requirement
for
the
occupational
16
license
stimulates
or
restricts
competition,
affects
consumer
17
choice,
and
affects
the
cost
of
services.
18
aa.
An
assessment
of
whether
changes
are
needed
in
the
19
enabling
laws
of
the
board
in
order
for
the
board
to
comply
20
with
the
criteria
listed
in
this
subsection.
21
Sec.
13.
NEW
SECTION
.
4A.6
Reports
of
the
committee.
22
1.
After
completing
a
review
of
a
board
pursuant
to
section
23
4A.5,
the
committee
shall
prepare
and
submit
a
report
of
its
24
findings
and
recommendations
by
December
21.
A
report
may
25
include
findings
and
recommendations
for
more
than
one
board.
26
Copies
of
the
report
shall
be
submitted
to
the
president
of
27
the
senate,
the
speaker
of
the
house
of
representatives,
the
28
governor,
and
each
affected
board,
and
shall
be
made
publicly
29
available
on
the
internet
site
of
the
general
assembly.
The
30
committee
shall
present
its
recommendations
to
the
general
31
assembly
in
the
form
of
a
bill
submitted
under
a
procedure
or
32
rule
permitting
no
amendments
by
either
house,
except
those
of
33
a
purely
corrective
nature.
34
2.
Recommendations
of
the
committee
shall
indicate
how
or
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whether
implementation
of
the
recommendations
would
do
each
of
1
the
following:
2
a.
Improve
efficiency
in
the
management
of
state
government.
3
b.
Improve
services
rendered
to
citizens
of
the
state.
4
c.
Simplify
and
improve
preparation
of
the
state
budget.
5
d.
Conserve
the
natural
resources
of
the
state.
6
e.
Promote
the
orderly
growth
of
the
state
and
its
7
government.
8
f.
Promote
occupational
regulations
to
increase
economic
9
opportunities,
encourage
competition,
and
encourage
innovation.
10
g.
Provide
for
the
least
restrictive
regulations
by
11
repealing
current
regulations
and
replacing
them
with
less
12
restrictive
regulations
that
are
consistent
with
the
principles
13
expressed
in
section
4C.2.
14
h.
Improve
the
effectiveness
of
the
services
performed
by
15
the
boards
of
the
state.
16
i.
Avoid
duplication
of
effort
by
state
agencies
or
boards.
17
j.
Improve
the
organization
and
coordination
of
the
state
18
government.
19
Sec.
14.
NEW
SECTION
.
4B.1
Short
title.
20
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
21
Sunset
Act”
.
22
Sec.
15.
NEW
SECTION
.
4B.2
Definitions.
23
For
the
purposes
of
this
chapter:
24
1.
“Agency”
means
any
department,
commission,
board,
25
institution,
bureau,
office,
or
other
agency
of
the
executive
26
branch,
except
that
“agency”
does
not
include
a
“board”
as
27
defined
in
section
4A.2.
28
2.
“Committee”
means
the
sunset
advisory
committee
29
established
pursuant
to
section
4A.3.
30
3.
“Sunset”
means
the
termination
of
all
activities
of
an
31
agency.
32
Sec.
16.
NEW
SECTION
.
4B.3
Sunset
of
state
agencies.
33
1.
Unless
renewed
pursuant
to
subsection
2,
an
agency
shall
34
sunset
as
provided
in
section
4B.6
on
December
31,
2026,
or
as
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provided
by
a
statute
enacted
pursuant
to
subsection
2.
1
2.
Prior
to
the
date
on
which
an
agency
is
scheduled
to
2
sunset,
the
general
assembly
may
renew
the
existence
of
an
3
agency
by
passage
of
a
bill
that
schedules
the
agency
for
4
an
additional
review
in
no
less
than
five
but
no
more
than
5
ten
calendar
years
from
the
review
date.
A
bill
scheduling
6
an
agency
for
additional
review
may
also
amend
or
repeal
7
the
statute
creating
and
empowering
the
agency
or
enact
a
8
new
statute
to
improve
agency
usefulness,
performance,
or
9
effectiveness.
10
Sec.
17.
NEW
SECTION
.
4B.4
Sunset
review
of
state
agencies.
11
1.
Prior
to
the
date
on
which
an
agency
is
scheduled
to
12
sunset,
the
committee
shall
review
the
usefulness,
performance,
13
and
efficacy
of
the
agency.
The
committee
shall
hold
hearings
14
to
receive
the
testimony
of
the
public
and
of
the
chief
15
executive
officer
of
the
agency.
After
completing
a
review,
16
the
committee
shall
prepare
and
publish
a
report
of
its
17
findings
and
recommendations
as
provided
in
section
4B.4.
18
2.
The
legislative
services
agency
shall
establish
a
19
schedule
for
the
committee
to
review
each
agency
such
that
the
20
committee
reviews
approximately
one-fifth
of
all
agencies
each
21
calendar
year
and
each
agency
has
been
reviewed
once
between
22
the
calendar
years
2021
and
2026,
and
in
each
five-year
period
23
after
the
date
a
board
has
been
renewed.
The
committee
may
24
modify
the
schedule
as
necessary
to
facilitate
the
efficient
25
administration
of
the
committee,
but
in
no
case
shall
more
than
26
five
years
pass
before
a
board
is
subject
to
a
sunset
review.
27
3.
An
agency
that
is
scheduled
for
review
shall
submit
a
28
report
to
the
committee
prior
to
the
date
that
it
is
scheduled
29
for
review
that
includes
all
of
the
following
information:
30
a.
The
agency’s
primary
purpose
and
its
goals
and
31
objectives.
32
b.
The
agency’s
past
and
anticipated
workload,
the
number
33
of
staff
required
to
complete
that
workload,
and
the
agency’s
34
total
number
of
staff.
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c.
The
agency’s
past
and
anticipated
budgets
and
its
sources
1
of
funding.
2
d.
The
number
of
members
that
compose
the
governing
board
or
3
other
governing
entity
of
the
agency
and
member
compensation,
4
if
any.
5
4.
An
agency
subject
to
review
shall
bear
the
burden
of
6
demonstrating
to
the
committee
a
public
need
for
its
continued
7
existence.
In
determining
whether
an
agency
has
met
that
8
burden,
the
committee
shall
consider
all
of
the
following,
as
9
applicable:
10
a.
The
cost-effectiveness
of
the
agency
in
terms
of
the
11
number
of
employees,
services
rendered,
and
administrative
12
costs
incurred,
both
past
and
present.
13
b.
The
extent
to
which
the
agency
has
operated
in
the
14
public
interest,
and
whether
its
operation
has
been
impeded
or
15
enhanced
by
existing
statutes
and
procedures
and
by
budgetary,
16
resource,
and
personnel
practices.
17
c.
Whether
the
agency
has
recommended
statutory
changes
to
18
the
general
assembly
that
would
benefit
the
public
as
opposed
19
to
the
individuals
regulated
by
the
agency,
if
any,
and
whether
20
its
recommendations
and
other
policies
have
been
adopted
and
21
implemented.
22
d.
Whether
the
agency
has
required
any
individuals
it
23
regulates
to
report
to
the
board
the
impact
of
agency
rules
24
and
decisions
on
the
public
as
they
affect
service
costs
and
25
service
delivery.
26
e.
Whether
individuals
regulated
by
the
agency,
if
any,
have
27
been
required
to
assess
problems
in
their
business
operations
28
that
affect
the
public.
29
f.
Whether
the
agency
has
encouraged
public
participation
in
30
its
rulemaking
and
decision
making.
31
g.
The
efficiency
with
which
formal
public
complaints
filed
32
with
the
agency
have
been
processed
to
completion.
33
h.
Whether
the
programs
or
services
of
the
agency
duplicate
34
or
overlap
those
of
other
agencies.
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i.
Whether
the
purpose
for
which
the
agency
was
created
has
1
been
fulfilled,
has
changed,
or
no
longer
exists.
2
j.
Whether
federal
law
requires
that
the
agency
be
renewed
3
in
some
form.
4
k.
Changes
needed
in
the
enabling
laws
of
the
agency
in
5
order
for
the
agency
to
comply
with
the
criteria
listed
in
this
6
subsection.
7
Sec.
18.
NEW
SECTION
.
4B.5
Reports
of
the
committee.
8
1.
After
completing
a
review
of
all
agencies
pursuant
to
9
section
4B.4,
the
committee
shall
prepare
and
submit
a
report
10
of
its
findings
and
recommendations
by
December
21.
Copies
of
11
the
report
shall
be
submitted
to
the
president
of
the
senate,
12
the
speaker
of
the
house
of
representatives,
the
governor,
and
13
each
affected
agency,
and
shall
be
made
publicly
available
on
14
the
internet
site
of
the
general
assembly.
As
part
of
the
15
report,
the
committee
shall
recommend
to
the
general
assembly,
16
in
the
form
of
a
bill
submitted
under
a
procedure
or
rule
17
permitting
no
amendments
by
either
house,
except
those
of
a
18
purely
corrective
nature,
one
or
more
of
the
following:
19
a.
Amend
or
repeal
the
statutes
that
created
and
empowered
20
the
agency
to
abolish
or
terminate
the
agency.
21
b.
Amend
or
repeal
the
statutes
that
created
and
empowered
22
the
agency
or
enact
new
statutes
to
terminate
the
agency,
to
23
transfer
the
responsibilities
of
the
agency
to
another
agency,
24
or
to
improve
the
usefulness,
performance,
or
effectiveness
of
25
the
agency.
26
c.
Amend
or
repeal
the
statutes
that
created
and
empowered
27
two
or
more
agencies
or
enact
new
statutes
to
reorganize
or
28
transfer
the
agencies
and
thereby
improve
agency
usefulness,
29
performance,
or
effectiveness.
30
d.
Amend
the
statutes
that
created
and
empowered
the
agency
31
to
continue
the
agency
for
not
less
than
five
years
but
not
32
more
than
ten
years.
33
2.
The
recommendations
of
the
committee
shall
indicate
how
34
or
whether
implementation
of
the
recommendations
would
do
each
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of
the
following:
1
a.
Improve
efficiency
in
the
management
of
state
government.
2
b.
Improve
services
rendered
to
citizens
of
the
state.
3
c.
Simplify
and
improve
preparation
of
the
state
budget.
4
d.
Conserve
the
natural
resources
of
the
state.
5
e.
Promote
the
orderly
growth
of
the
state
and
its
6
government.
7
f.
Improve
the
effectiveness
of
services
rendered
to
the
8
state.
9
g.
Avoid
duplication
of
effort
by
state
agencies
or
boards.
10
h.
Improve
the
organization
and
coordination
of
the
state
11
government.
12
3.
The
department
of
management,
department
of
13
administrative
services,
auditor
of
state,
legislative
services
14
agency,
and
any
other
agency
shall
supply,
upon
the
request
15
of
the
committee,
any
material
necessary
for
completion
of
a
16
report
and
its
recommendations.
17
Sec.
19.
NEW
SECTION
.
4B.6
Procedures
for
agencies
that
18
sunset
——
continuing
obligations.
19
1.
a.
An
agency
that
has
sunset
may
continue
in
existence
20
to
conclude
its
business
until
July
1
of
the
fiscal
year
21
following
the
fiscal
year
in
which
the
agency
was
sunset.
22
Unless
otherwise
provided
by
law,
the
sunset
of
an
agency
does
23
not
reduce
or
otherwise
limit
the
powers
and
authority
of
the
24
agency
during
the
concluding
year.
25
b.
An
agency
shall
terminate
all
activities
on
or
before
26
the
date
specified
in
paragraph
“a”
.
Unless
otherwise
provided
27
by
law,
all
rules
adopted
by
the
agency
shall
be
void
on
that
28
date.
29
2.
a.
Any
unobligated
or
unexpended
appropriations
of
an
30
agency
that
has
sunset
shall
lapse
and
revert
to
the
general
31
fund
of
the
state
on
the
date
specified
in
subsection
1.
32
b.
Except
as
provided
by
subsection
4
or
as
otherwise
33
provided
by
law,
all
moneys
in
a
dedicated
fund
of
an
agency
34
that
has
sunset
shall
be
transferred
to
the
general
fund
of
the
35
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state
on
the
date
specified
in
subsection
1.
Any
portion
of
a
1
law
dedicating
moneys
to
a
specific
fund
of
an
agency
that
is
2
sunset
is
void
on
the
date
specified
in
subsection
1.
3
3.
Unless
the
governor
designates
an
appropriate
agency
4
as
described
in
subsection
4,
the
property
and
records
in
the
5
custody
of
an
agency
that
has
sunset
shall
be
transferred
to
6
the
department
of
administrative
services
on
the
date
specified
7
in
subsection
1.
If
the
governor
designates
an
appropriate
8
agency
as
described
in
subsection
4,
the
property
and
records
9
shall
be
transferred
to
the
designated
agency.
10
4.
a.
In
recognition
of
the
state’s
continuing
obligation
11
to
pay
bonded
indebtedness
and
all
other
obligations,
including
12
lease,
contract,
and
other
written
obligations,
incurred
by
13
an
agency
that
has
sunset,
the
sunset
of
the
agency
shall
not
14
impair
or
impede
payment
of
bonded
indebtedness
and
all
other
15
obligations,
including
lease,
contract,
and
other
written
16
obligations,
in
accordance
with
their
terms.
17
b.
If
an
agency
that
has
sunset
has
outstanding
bonded
18
indebtedness
or
other
outstanding
obligations,
including
lease,
19
contract,
or
other
written
obligations,
the
bonds
and
all
other
20
such
obligations
remain
valid
and
enforceable
in
accordance
21
with
their
terms
and
remain
subject
to
all
applicable
terms
and
22
conditions
of
the
laws
and
proceedings
authorizing
the
bonds
23
and
all
other
such
obligations.
The
governor
shall
designate
24
an
appropriate
agency
to
continue
to
carry
out
all
covenants
25
contained
in
the
bonds
and
in
all
other
such
obligations,
and
26
the
proceedings
authorizing
them,
including
the
issuance
of
27
bonds,
and
the
performance
of
all
other
obligations
necessary
28
to
complete
the
construction
of
projects
or
the
performance
of
29
the
other
obligations.
The
designated
agency
shall
provide
30
payment
from
the
sources
of
payment
of
the
bonds
in
accordance
31
with
the
terms
of
the
bonds
and
shall
provide
payment
from
the
32
sources
of
payment
from
all
other
obligations
in
accordance
33
with
their
terms,
whether
from
taxes,
revenues,
or
otherwise,
34
until
the
bonds
and
interest
on
the
bonds
are
performed
and
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paid
in
full.
If
the
terms
of
the
obligations
so
provide,
all
1
funds
established
by
law
or
proceedings
authorizing
the
bonds
2
or
authorizing
the
other
obligations
shall
remain
with
the
3
treasurer
of
state
or
previously
designated
trustees.
If
the
4
terms
of
the
obligations
do
not
provide
that
the
funds
remain
5
with
the
treasurer
of
state
or
previously
designated
trustees,
6
the
funds
shall
be
transferred
to
the
designated
agency.
7
Sec.
20.
NEW
SECTION
.
4B.7
Agencies
and
employees
to
8
provide
assistance
to
committee.
9
1.
Agencies
and
employees
of
agencies
shall
assist
the
10
committee
in
gathering
information
necessary
to
carry
out
the
11
committee’s
functions
pursuant
to
this
chapter
upon
request.
12
2.
In
carrying
out
the
committee’s
functions
pursuant
13
to
this
chapter,
the
committee
or
the
committee’s
staff
may
14
inspect
the
records,
documents,
files,
or
other
information
of
15
any
agency.
If
material
sought
by
the
committee
is
required
16
by
law
to
be
kept
confidential,
the
committee
and
committee
17
staff
shall
have
access
to
the
material,
but
shall
maintain
the
18
confidentiality
of
the
material.
19
Sec.
21.
NEW
SECTION
.
4B.8
Department
of
workforce
20
development
to
assist
displaced
agency
employees.
21
If
an
employee
is
discharged
because
the
agency
employing
22
the
employee
sunsets,
the
affected
agency
and
the
department
of
23
workforce
development
shall
make
a
reasonable
effort
to
assist
24
the
discharged
employee
in
obtaining
new
employment.
25
Sec.
22.
NEW
SECTION
.
4B.9
Activities
of
the
general
26
assembly
not
restricted.
27
This
chapter
shall
not
be
construed
to
restrict
the
general
28
assembly
from
doing
any
of
the
following:
29
1.
Enacting
an
agency
sunset
at
a
date
earlier
than
required
30
under
this
chapter.
31
2.
Considering
any
other
legislation
concerning
an
agency
32
subject
to
this
chapter.
33
Sec.
23.
NEW
SECTION
.
4C.1
Definitions.
34
For
the
purposes
of
this
chapter:
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1.
“Certification”
means
a
voluntary
program
in
which
1
a
private
organization
or
the
state
grants
nontransferable
2
recognition
to
an
individual
who
meets
personal
qualifications
3
established
by
the
private
organization
or
state
law.
4
2.
“Lawful
occupation”
means
a
course
of
conduct,
pursuit,
5
or
profession
that
includes
the
sale
of
goods
or
services
that
6
are
not
themselves
illegal
to
sell
irrespective
of
whether
7
the
individual
selling
the
goods
or
services
is
subject
to
an
8
occupational
regulation.
9
3.
“Least
restrictive
regulation”
means
the
public
policy
of
10
relying
on
one
of
the
following,
listed
from
the
least
to
the
11
most
restrictive,
as
a
means
of
consumer
protection:
12
a.
Market
competition.
13
b.
Third-party
or
consumer-created
ratings
and
reviews.
14
c.
Private
certifications.
15
d.
Actions
under
section
714H.5.
16
e.
Actions
under
section
714.16.
17
f.
Regulation
of
the
process
of
providing
the
specific
goods
18
or
services
to
consumers.
19
g.
Inspections.
20
h.
Bonding
or
insurance.
21
i.
Registrations.
22
j.
Government
certifications.
23
k.
Occupational
licenses,
including
specialty
occupational
24
licenses
for
medical
reimbursement.
25
4.
“Occupational
license”
means
a
government
permission
slip
26
to
work
that
is
a
nontransferable
authorization
in
law
that
an
27
individual
must
possess
in
order
to
perform
a
lawful
occupation
28
for
compensation
based
on
meeting
personal
qualifications
29
established
by
statute
or
by
a
rule
authorized
by
statute.
30
“Occupational
license”
does
not
include
a
commercial
or
other
31
driver’s
license.
32
5.
“Occupational
licensing
board”
means
any
board,
33
commission,
committee,
or
council,
or
any
other
similar
state
34
public
body,
and
any
agency,
division,
or
office
of
state
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government,
that
issues
an
occupational
license.
1
6.
“Occupational
regulation”
means
a
statute,
policy,
rule,
2
practice,
or
other
state
law
requiring
an
individual
to
possess
3
certain
personal
qualifications
to
use
an
occupational
title
or
4
work
in
a
lawful
occupation.
“Occupational
regulation”
includes
5
a
registration,
certification,
and
occupational
license.
6
“Occupational
regulation”
excludes
a
business
license,
facility
7
license,
building
permit,
or
zoning
and
land
use
regulation,
8
except
to
the
extent
those
laws
regulate
an
individual’s
9
personal
qualifications
to
perform
a
lawful
occupation,
and
10
excludes
a
commercial
or
other
driver’s
license.
11
7.
“Personal
qualifications”
means
criteria
related
to
an
12
individual’s
personal
background
and
characteristics
including
13
completion
of
an
approved
educational
program,
satisfactory
14
performance
on
an
examination,
work
experience,
other
evidence
15
of
attainment
of
requisite
skills
or
knowledge,
moral
standing,
16
criminal
history,
and
completion
of
continuing
education.
17
8.
“Registration”
means
a
requirement
to
give
notice
to
the
18
government
that
may
include
the
individual’s
name
and
address,
19
the
individual’s
agent
for
service
of
process,
the
location
of
20
the
activity
to
be
performed,
and
a
description
of
the
service
21
the
individual
provides.
“Registration”
does
not
include
22
personal
qualifications
but
may
require
a
bond
or
insurance.
23
9.
“Specialty
occupational
license
for
medical
reimbursement”
24
is
a
nontransferable
authorization
in
law
for
an
individual
25
to
qualify
for
payment
or
reimbursement
from
a
government
26
agency
for
providing
identified
medical
services
based
on
27
meeting
personal
qualifications
established
in
law
which
may
be
28
recognized
by
a
private
company.
29
Sec.
24.
NEW
SECTION
.
4C.2
Occupational
regulation
30
principles.
31
With
respect
to
the
occupational
regulation
of
individuals,
32
all
of
the
following
shall
be
policies
of
this
state:
33
1.
Occupational
regulations
shall
be
construed
and
applied
34
to
increase
economic
opportunities,
promote
competition,
and
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encourage
innovation.
1
2.
If
the
state
finds
it
is
necessary
to
displace
2
competition,
the
state
shall
use
the
least
restrictive
3
regulation
to
protect
consumers
from
present,
significant,
4
and
substantiated
harms
that
threaten
public
health,
safety,
5
or
welfare.
The
policy
of
employing
the
least
restrictive
6
regulation
shall
presume
that
market
competition
and
private
7
remedies
are
sufficient
to
protect
consumers.
If
necessary,
8
regulations
shall
be
tailored
to
meet
the
predominate
9
identified
need
to
protect
consumers
as
follows:
10
a.
If
a
regulation
is
intended
to
protect
consumers
against
11
fraud,
the
appropriate
state
action
shall
be
to
strengthen
12
powers
under
deceptive
trade
practices
acts.
13
b.
If
a
regulation
is
intended
to
protect
consumers
against
14
unsanitary
facilities
and
general
health,
safety,
or
welfare
15
concerns,
the
appropriate
state
action
shall
be
to
require
16
periodic
inspections.
17
c.
If
a
regulation
is
intended
to
protect
a
consumer
against
18
potential
damages
to
a
third
party
who
is
not
a
party
to
a
19
contract
between
the
seller
and
buyer,
and
other
types
of
20
externalities,
the
appropriate
state
action
shall
be
to
require
21
bonding
or
insurance.
22
d.
If
a
regulation
is
intended
to
protect
a
consumer
against
23
potential
damages
by
transient
providers,
the
appropriate
state
24
action
shall
be
to
require
registration
with
the
secretary
of
25
state.
26
e.
If
a
regulation
is
intended
to
protect
a
consumer
27
against
asymmetrical
information
between
the
seller
and
buyer,
28
the
appropriate
state
action
shall
be
to
offer
voluntary
29
certification,
unless
appropriate,
privately
offered
voluntary
30
certification
for
the
relevant
occupation
is
available.
31
f.
If
a
regulation
is
intended
to
facilitate
governmental
32
reimbursement
for
providing
medical
services
for
an
emerging
33
medical
specialty,
the
appropriate
state
action
shall
be
34
to
require
a
specialty
occupational
license
for
medical
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reimbursement.
A
person
shall
not
be
required
to
hold
a
1
specialty
occupational
license
for
medical
reimbursement
in
2
order
to
lawfully
provide
a
medical
service
for
an
emerging
3
medical
specialty;
however,
a
person
providing
a
medical
4
service
for
an
emerging
medical
specialty
without
a
specialty
5
occupational
license
for
medical
reimbursement
shall
not
6
receive
governmental
reimbursement
for
providing
that
service.
7
A
specialty
occupational
license
for
medical
reimbursement
8
shall
not
restrict
governmental
reimbursement
for
services
9
similar
to
the
regulated
service
that
may
be
provided
by
other
10
regulated
persons.
11
g.
If
a
regulation
is
required
to
perform
services
12
regulated
by
both
federal
laws
and
the
laws
of
this
state,
13
the
appropriate
state
action
shall
be
to
require
the
state
14
to
recognize
an
individual’s
occupational
license
from
15
another
state
or
territory
of
the
United
States
to
allow
that
16
individual
to
practice
in
this
state.
17
3.
An
occupational
regulation
may
be
enforced
against
an
18
individual
only
to
the
extent
the
individual
sells
goods
and
19
services
that
are
included
explicitly
in
the
statute
that
20
defines
the
occupation’s
scope
of
practice.
21
4.
This
chapter
shall
not
restrict
an
occupational
22
licensing
board
from
requiring,
as
a
condition
of
licensure
23
or
renewal
of
licensure,
that
an
individual’s
personal
24
qualifications
include
obtaining
or
maintaining
certification
25
from
a
private
organization
that
credentials
individuals
in
the
26
relevant
occupation.
27
Sec.
25.
NEW
SECTION
.
4C.3
Local
licensing
——
preemption.
28
This
chapter
preempts
any
ordinance
or
other
local
law
or
29
regulation
which
conflicts
with
or
is
inconsistent
with
any
30
policy
of
the
state
expressed
in
this
chapter
by
any
political
31
subdivision
that
regulates
an
occupation
that
is
also
regulated
32
by
the
state.
33
Sec.
26.
REPEAL.
Section
2.69,
Code
2020,
is
repealed.
34
DIVISION
III
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ACCOUNTABLE
GOVERNMENT
ACT
REPORTS
1
Sec.
27.
Section
8E.210,
Code
2020,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
1A.
In
addition
to
the
requirements
4
of
subsection
1,
an
agency’s
annual
performance
report
5
shall
include
a
description
of
how
the
agency
improved
6
efficiency,
modernized
processes,
eliminated
duplication
and
7
outdated
processes,
reduced
costs,
increased
accountability,
8
expanded
the
use
of
technology,
and
incorporated
productivity
9
improvement
measures.
The
section
of
the
annual
performance
10
report
addressing
the
factors
listed
in
this
subsection
shall
11
be
submitted
to
the
state
government
committee
of
each
chamber
12
of
the
general
assembly
and
made
publicly
available
on
the
13
internet
site
of
the
general
assembly.
14
DIVISION
IV
15
PROFESSIONAL
LICENSING
BOARD
INVESTIGATIONS
16
Sec.
28.
Section
272C.3,
subsection
1,
paragraph
d,
Code
17
2020,
is
amended
to
read
as
follows:
18
d.
Determine
in
any
case
whether
an
investigation,
or
19
further
investigation,
or
a
disciplinary
proceeding
is
20
warranted.
Notwithstanding
the
provisions
of
chapter
17A
,
21
a
determination
by
a
licensing
board
that
an
investigation
22
is
not
warranted
or
that
an
investigation
should
be
closed
23
without
initiating
a
disciplinary
proceeding
is
not
subject
24
to
judicial
review
pursuant
to
section
17A.19
Notwithstanding
25
any
other
provision
of
law,
if
a
board
determines
that
there
26
is
no
probable
cause
to
believe
that
an
asserted
violation
has
27
occurred,
the
complaint
shall
be
returned
to
the
complainant
28
with
a
statement
specifying
the
reasons
for
rejection
29
sufficient
to
enable
the
complainant
to
review
the
agency’s
30
determination
.
31
DIVISION
V
32
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE
REVIEW
OF
ENTRY
33
REGULATIONS
34
Sec.
29.
NEW
SECTION
.
17A.35
Review
of
occupational
entry
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regulations.
1
1.
For
purposes
of
this
section,
unless
the
context
2
otherwise
requires:
3
a.
“Entry
regulation”
means
any
rule
adopted
pursuant
to
4
chapter
17A
by
a
licensing
board
for
the
purpose
of
regulating
5
an
occupational
or
professional
group,
including
but
not
6
limited
to
any
rule
prescribing
qualifications
or
requirements
7
for
a
person’s
entry
into,
or
continued
participation
in,
any
8
business,
trade,
profession,
or
occupation
in
this
state.
9
b.
“Licensing
board”
or
“board”
means
the
same
as
defined
10
in
section
272C.1.
11
2.
A
licensing
board
shall
designate
any
entry
regulation
12
filed
with
the
administrative
rules
coordinator
and
13
administrative
code
editor
pursuant
to
section
17A.4
or
17A.5
14
as
an
entry
regulation
in
the
preamble.
15
3.
The
administrative
rules
review
committee,
when
16
reviewing
a
rule
pursuant
to
section
17A.8,
subsection
6,
that
17
is
designated
as
an
entry
regulation
by
a
licensing
board,
18
shall
consider
the
following
factors
when
reviewing
the
rule:
19
a.
Whether
the
entry
regulation
is
required
by
state
or
20
federal
law.
21
b.
Whether
the
entry
regulation
is
necessary
to
protect
the
22
public
health,
safety,
or
welfare.
23
c.
Whether
the
purpose
or
effect
of
the
entry
regulation
is
24
to
unnecessarily
inhibit
competition
or
arbitrarily
deny
entry
25
into
a
business,
trade,
profession,
or
occupation.
26
d.
Whether
the
intended
purpose
of
the
entry
regulation
27
could
be
accomplished
by
less
restrictive
or
burdensome
means.
28
e.
Whether
the
entry
regulation
is
outside
of
the
scope
of
29
the
licensing
board’s
statutory
authority
to
adopt
rules.
30
4.
The
administrative
rules
review
committee,
when
31
considering
the
factors
provided
in
subsection
3,
shall
not
32
give
deference
to
a
statement
or
interpretation
made
by
a
33
licensing
board
regarding
an
entry
regulation,
statute,
or
34
other
legal
authority.
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5.
If
the
administrative
rules
review
committee
disapproves
1
of
an
entry
regulation
after
consideration
of
the
factors
2
provided
in
subsection
3,
the
committee
may
take
any
action
on
3
the
rule
otherwise
permitted
to
the
committee.
4
6.
a.
No
later
than
December
31,
2020,
each
licensing
board
5
shall
submit
to
the
administrative
rules
review
committee
a
6
list
of
all
entry
regulations
adopted
by
the
board
that
are
in
7
effect
as
of
the
date
of
submission.
8
b.
The
administrative
rules
review
committee
shall
review
9
all
entry
regulations
submitted
to
the
committee
pursuant
10
to
paragraph
“a”
by
December
31,
2024.
The
committee
shall
11
prescribe
a
schedule
for
such
review
and
shall
update
the
12
schedule
as
necessary.
The
schedule
shall
be
posted
by
the
13
legislative
services
agency
on
the
general
assembly’s
internet
14
site.
15
Sec.
30.
APPLICABILITY.
Section
17A.35,
subsection
16
2,
as
enacted
by
this
Act,
applies
to
rules
filed
with
the
17
administrative
rules
coordinator
and
administrative
code
editor
18
pursuant
to
section
17A.4
or
17A.5,
for
publication
in
an
Iowa
19
administrative
bulletin
published
on
or
after
July
29,
2020.
20
DIVISION
VI
21
EFFECTIVE
DATE
22
Sec.
31.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
23
immediate
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
operation
of
state
government,
28
including
the
review
and
sunset
of
state
boards
and
agencies
29
and
the
regulation
of
professions.
The
bill
is
organized
into
30
divisions.
31
DIVISION
I
——
REGULATION
OF
PROFESSIONS.
The
division
32
relates
to
the
regulation
of
professions.
The
bill
requires
33
a
legislative
committee
reviewing
legislation
to
impose
34
regulations
on
a
health
profession
that
is
not
currently
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subject
to
regulation
by
the
state
to
verify
that:
the
1
unregulated
practice
of
the
profession
will
clearly
harm
or
2
endanger
the
public,
the
public
will
benefit
from
assurances
3
of
professional
ability,
and
the
public
cannot
be
effectively
4
protected
in
a
more
cost-efficient
manner.
The
legislative
5
committee
must
then
verify
that
the
legislation
is
the
least
6
restrictive
method
of
regulation
to
protect
the
public.
After
7
completing
its
review,
the
bill
requires
the
committee
to
8
submit
its
findings
to
the
president
of
the
senate
and
speaker
9
of
the
house
of
representatives,
who
shall
make
the
findings
10
available
to
each
member
of
the
general
assembly.
11
The
bill
requires
a
member
of
the
general
assembly
12
introducing
legislation
to
regulate
an
unregulated
health
13
profession
to
submit
a
report
with
the
legislation
addressing
14
why
the
regulation
is
necessary,
the
efforts
that
have
been
15
made
to
address
the
problem,
the
alternatives
considered,
16
the
benefits
and
harms
to
the
public
from
regulation,
the
17
maintenance
of
professional
standards,
and
shall
include
a
18
description
of
the
profession
proposed
for
regulation
and
the
19
expected
costs
of
regulation.
The
report
shall
be
submitted
20
to
the
president
of
the
senate
and
the
speaker
of
the
house
of
21
representatives,
and
shall
be
made
publicly
available
on
the
22
internet
site
of
the
general
assembly.
23
The
bill
requires
a
member
of
the
general
assembly
24
introducing
legislation
to
expand
the
scope
of
practice
of
25
a
regulated
health
profession
to
submit
a
report
addressing
26
why
the
expanded
scope
of
practice
is
beneficial,
whether
27
practitioners
currently
have
or
will
be
required
to
obtain
28
training
because
of
the
expanded
scope
of
practice,
whether
the
29
new
practice
is
currently
tested
by
a
nationally
recognized
30
examination,
the
extent
to
which
the
expanded
scope
of
practice
31
will
impact
the
practice
of
professionals
currently
in
the
32
state
or
who
relocate
to
the
state,
the
costs
or
savings
33
from
the
expanded
scope
of
practice,
relevant
laws
in
other
34
states,
and
any
recommendations
from
regulatory
entities.
The
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report
shall
be
submitted
to
the
president
of
the
senate
and
1
the
speaker
of
the
house
of
representatives,
and
shall
be
2
made
publicly
available
on
the
internet
site
of
the
general
3
assembly.
A
legislative
committee
reviewing
such
legislation
4
shall
consider
whether
the
scope
of
practice
is
being
expanded
5
only
to
protect
the
public,
whether
the
expansion
of
services
6
will
benefit
the
public,
and
whether
any
changes
to
the
entity
7
regulating
the
profession
are
necessary.
The
committee
shall
8
not
consider
competitive
implications
of
expanding
the
scope
9
of
practice.
10
The
bill
requires
a
member
of
the
general
assembly
11
introducing
legislation
to
impose
or
increase
a
continuing
12
education
requirement
on
a
health
profession
to
submit
evidence
13
of
the
efficacy
of
the
requirement
to
the
president
of
the
14
senate
and
the
speaker
of
the
house
of
representatives.
The
15
evidence
shall
also
be
made
publicly
available
on
the
internet
16
site
of
the
general
assembly.
17
The
bill
requires
a
legislative
committee
reviewing
18
legislation
to
impose
a
regulation
on
an
unregulated
nonhealth
19
profession
to
consider
whether
the
unregulated
practice
of
the
20
profession
can
clearly
harm
the
public,
whether
the
benefits
21
of
regulation
clearly
exceeds
the
costs
imposed
on
consumers,
22
and
whether
the
public
needs
assurances
of
professional
23
ability.
If
the
committee
finds
in
the
affirmative
with
24
respect
to
the
preceding
factors,
the
committee
shall
examine
25
data
to
find
evidence
of
actual
harm
to
the
public
related
26
to
the
unregulated
nonhealth
profession
being
considered
27
for
regulation.
If
the
committee
finds
that
regulation
is
28
necessary,
the
committee
shall
review
the
legislation
to
29
determine
whether
it
is
the
least
restrictive
regulation
30
necessary
to
protect
the
public
and
that
it
is
not
being
31
imposed
to
protect
a
profession
from
economic
competition.
The
32
committee
shall
submit
its
findings
to
the
president
of
the
33
senate
and
the
speaker
of
the
house
of
representatives,
who
34
shall
make
the
findings
available
to
each
member
of
the
general
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assembly.
1
The
bill
requires
a
member
of
the
general
assembly
2
introducing
legislation
to
regulate
an
unregulated
nonhealth
3
profession
to
submit
a
report
addressing
why
regulation
4
is
necessary,
the
efforts
made
to
address
the
problem,
the
5
alternatives
considered,
the
benefits
and
harm
to
the
public,
6
the
maintenance
of
professional
standards,
the
professional
7
groups
proposed
for
regulation,
and
the
expected
costs
of
8
regulation.
9
DIVISION
II
——
STATE
BOARD
AND
AGENCY
SUNSET
REVIEW.
This
10
division
relates
to
the
sunset
of
state
boards
and
agencies.
11
The
bill
defines
“sunset”
as
the
cessation
of
all
activities
12
of
a
board
or
agency.
The
bill
creates
a
sunset
advisory
13
committee
(the
committee)
consisting
of
three
members
of
the
14
senate
appointed
by
the
majority
leader
of
the
senate,
two
15
members
of
the
senate
appointed
by
the
minority
leader
of
the
16
senate,
three
members
of
the
house
of
representatives
appointed
17
by
the
speaker
of
the
house
of
representatives,
and
two
members
18
of
the
house
of
representatives
appointed
by
the
minority
19
leader
of
the
house
of
representatives.
The
bill
includes
20
rules
for
the
operation
of
the
committee.
21
The
bill
creates
a
process
for
the
sunset
of
all
boards
that
22
license,
register,
or
certify
a
profession
in
the
state.
The
23
bill
sets
a
schedule
to
sunset
all
such
boards
on
December
24
31
of
the
fifth
calendar
year
after
the
date
the
board
was
25
created
or
last
renewed,
or
on
December
31,
2026,
whichever
is
26
later,
subject
to
the
committee’s
review,
and
on
December
31
27
every
five
calendar
years
thereafter
if
renewed.
A
board
that
28
has
been
scheduled
to
sunset
shall
sunset
on
June
30
of
the
29
following
year.
Once
a
board
has
sunset,
any
individual
may
30
practice
a
profession
previously
licensed
by
the
board
without
31
obtaining
a
license.
If
a
board
performs
functions
other
than
32
licensing,
it
may
continue
to
perform
those
functions.
The
33
sunset
of
a
board
may
be
prevented
by
the
passage
of
a
bill
34
continuing
the
existence
of
the
board.
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Prior
to
the
date
on
which
a
board
is
scheduled
to
sunset,
1
the
bill
requires
the
committee
to
review
the
usefulness,
2
performance,
and
efficacy
of
the
board.
The
legislative
3
services
agency
shall
create
a
schedule,
which
the
committee
4
may
revise,
for
review
of
approximately
one-fifth
of
all
boards
5
each
calendar
year
in
each
five-year
period.
6
A
board
that
is
subject
to
review
shall
submit
a
report
to
7
the
committee
prior
to
the
date
the
board
is
scheduled
for
8
a
sunset
review
that
includes
certain
information
specified
9
in
the
bill,
and
shall
bear
the
burden
of
demonstrating
a
10
continued
public
need
for
its
existence.
The
bill
provides
11
several
factors
for
the
committee
to
consider.
12
After
completing
a
review,
the
committee
shall
prepare
13
a
report
of
its
findings
and
recommendations,
which
report
14
may
include
findings
and
recommendations
for
more
than
one
15
board.
The
committee
shall
present
its
findings
to
the
general
16
assembly
in
the
form
of
a
bill.
The
committee
shall
include
17
with
its
recommendations
an
explanation
of
the
benefits
of
18
implementing
the
recommendations.
19
The
division
also
requires
the
committee
to
review
all
20
agencies
of
the
state.
The
bill
sets
the
initial
date
for
21
the
scheduling
of
the
sunset
process
for
December
31,
2026.
22
An
agency
may
be
prevented
from
sunsetting
by
enactment
of
a
23
statute
continuing
the
existence
of
the
agency,
which
shall
24
also
schedule
an
additional
review
of
the
agency
in
no
less
25
than
five
but
no
more
than
ten
years
from
the
date
of
the
26
review.
Agencies
shall
be
reviewed
in
a
similar
manner
as
27
provided
for
boards
in
the
bill,
and
the
committee
shall
submit
28
a
report
containing
its
findings
and
recommendations
for
each
29
agency.
The
recommendations
of
the
committee
shall
be
in
30
the
form
of
a
bill
submitted
to
the
general
assembly.
The
31
bill
requires
agency
employees
to
assist
the
committee
in
the
32
execution
of
its
duties.
33
The
division
includes
provisions
for
the
sunset
of
agencies.
34
An
agency
that
has
sunset
may
continue
in
existence
until
July
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1
of
the
fiscal
year
following
the
fiscal
year
in
which
it
1
sunset
in
order
to
conclude
its
business.
During
this
period,
2
the
agency
has
the
same
powers
and
authorities
it
had
before
3
it
sunset.
On
or
before
July
1,
the
agency
shall
terminate
all
4
activities,
and
all
rules
adopted
by
the
agency
shall
become
5
void
unless
otherwise
provided
by
law.
The
bill
includes
6
instructions
for
the
disposition
of
the
funds,
records,
and
7
property
of
an
agency
that
has
sunset,
and
provides
that
the
8
sunset
of
an
agency
does
not
eliminate
any
claims
pending
9
against
the
agency.
10
The
division
requires
the
department
of
workforce
11
development
to
assist
agency
employees
discharged
because
they
12
were
employed
by
an
agency
that
has
sunset
in
obtaining
new
13
employment.
14
The
division
does
not
restrict
the
general
assembly
from
15
taking
any
other
action
with
respect
to
regulating
agencies.
16
The
division
creates
principles
for
the
imposition
of
17
professional
regulations.
The
principles
created
by
the
18
bill
include
a
policy
of
enacting
the
least
restrictive
19
regulation
necessary
to
protect
the
public,
encouraging
20
economic
opportunities
and
competition,
providing
guidance
21
for
determining
what
style
of
regulation
is
appropriate,
and
22
enforcing
an
occupational
regulation
against
an
individual
only
23
to
the
extent
that
it
is
explicitly
provided
for
by
a
statute.
24
The
bill
does
not
prohibit
a
licensing
board
from
requiring
25
licensees
to
obtain
credentials
from
private
organizations.
26
The
bill
enacts
a
rule
of
construction
that
any
law
of
a
27
political
subdivision
regulating
a
profession
that
is
also
28
regulated
by
the
state
shall
be
preempted
if
it
is
inconsistent
29
with
the
principles
expressed
in
the
bill.
30
The
division
repeals
the
Code
section
creating
the
state
31
government
efficiency
review
committee.
32
DIVISION
III
——
ACCOUNTABLE
GOVERNMENT
ACT
REPORTS.
The
33
division
relates
to
accountable
government
Act
reports
34
submitted
by
agencies.
The
bill
requires
such
reports
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to
include
descriptions
of
how
the
agency
has
improved
1
efficiency,
modernized
processes,
eliminated
duplication
and
2
outdated
processes,
reduced
costs,
increased
accountability,
3
expanded
the
use
of
technology,
and
incorporated
productivity
4
improvement
measures.
This
portion
of
the
report
shall
be
5
submitted
to
the
state
government
committee
of
both
chambers
of
6
the
general
assembly
and
posted
publicly
on
the
internet
site
7
of
the
general
assembly.
8
DIVISION
IV
——
PROFESSIONAL
LICENSING
BOARD
INVESTIGATIONS.
9
This
division
relates
to
investigations
by
professional
10
licensing
boards.
The
bill
strikes
the
provision
that
a
11
determination
by
a
licensing
board
that
an
investigation
is
not
12
warranted
or
should
be
closed
without
a
disciplinary
hearing
13
is
not
subject
to
judicial
review.
However,
the
bill
requires
14
a
board
that
determines
that
no
probable
cause
exists
for
15
an
asserted
violation
to
return
the
complaint
asserting
the
16
violation
to
the
complainant
with
a
statement
specifying
the
17
reasons
for
rejection
of
the
complaint.
18
DIVISION
V
——
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE
19
REVIEW
OF
ENTRY
REGULATIONS.
This
division
requires
the
20
administrative
rules
review
committee
(ARRC),
when
reviewing
an
21
entry
regulation,
to
consider
certain
factors
specified
in
the
22
bill.
23
The
bill
defines
“entry
regulation”
as
any
rule
adopted
24
pursuant
to
Code
chapter
17A
by
a
licensing
board
for
the
25
purpose
of
regulating
an
occupational
or
professional
26
group,
including
but
not
limited
to
any
rule
prescribing
27
qualifications
or
requirements
for
a
person’s
entry
into,
or
28
continued
participation
in,
any
business,
trade,
profession,
or
29
occupation
in
this
state.
30
The
bill
provides
that
the
ARRC
shall
not
give
deference
to
a
31
statement
or
interpretation
made
by
a
licensing
board
regarding
32
an
entry
regulation,
statute,
or
other
legal
authority
when
33
considering
the
factors.
If
the
ARRC
disapproves
of
an
entry
34
regulation
after
consideration
of
the
factors
provided
in
35
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S.F.
_____
the
bill,
the
ARRC
may
take
any
action
on
the
rule
otherwise
1
permitted
to
the
ARRC.
2
The
bill
requires
each
licensing
board
to
submit
to
the
3
ARRC
no
later
than
December
31,
2020,
a
list
of
all
entry
4
regulations
adopted
by
the
board
that
are
in
effect
as
of
the
5
date
of
submission.
6
The
bill
requires
the
ARRC
to
review
all
submitted
entry
7
regulations
by
December
31,
2024,
and
to
establish
and
update
a
8
schedule
for
such
review.
The
schedule
shall
be
posted
on
the
9
general
assembly’s
internet
site
by
the
legislative
services
10
agency.
11
The
bill
requires
that
an
entry
regulation
be
designated
as
12
such
in
the
preamble
to
the
entry
regulation,
beginning
with
13
the
July
29,
2020,
Iowa
administrative
bulletin.
14
DIVISION
VI
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
15
enactment.
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