Senate File 2179 - Enrolled PAG LIN 1 1 SENATE FILE 2179 1 2 1 3 AN ACT 1 4 MAKING SPECIFIED CHANGES RELATING TO PROFESSIONAL LICENSING 1 5 AND REGULATION UNDER THE PURVIEW OF THE BANKING DIVISION 1 6 OF THE DEPARTMENT OF COMMERCE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 103A.10, subsection 3, Code Supplement 1 11 2007, is amended to read as follows: 1 12 3. Provisions of the state building code relating to the 1 13 manufacture and installation of factory=built structures shall 1 14 apply throughout the state. A factory=built structure 1 15 approved by the commissioner shall be deemed to comply with 1 16 all building regulations applicable to its manufacture and 1 17 installation and shall be exempt from any other state or local 1 18 building regulations. Except with respect to manufactured 1 19 homes, as defined in section 103A.51, subsection 4, a 1 20 provision of this chapter relating to the manufacture or 1 21 installation of factory=built structures shall not alter or 1 22 supersede any provision of chapter 542B concerning the 1 23 practice of professional engineering or chapter 544A 1 24 concerning the practice of architecture. 1 25 Sec. 2. Section 542.4, subsection 5, Code 2007, is amended 1 26 to read as follows: 1 27 5. a.A member of theThe board shall maintain the 1 28 confidentiality of information relating to the following: 1 29a. Criminal history or prior misconduct of the applicant.1 30b.(1)Information relating to theThe contents of the 1 31 examination. 1 32c.(2)Information relating to theThe examination 1 33 results other than final score except for information about 1 34 the results of the examination given to the person examined. 1 35 b. A member of the board who willfully communicates or 2 1 seeks to communicate such information in a manner which 2 2 violates confidentiality requirements, and any person who 2 3 willfully requests, obtains, or seeks to obtain such 2 4 information, is guilty of a simple misdemeanor. 2 5 Sec. 3. Section 542B.32, Code 2007, is amended to read as 2 6 follows: 2 7 542B.32 DISCLOSURE OF CONFIDENTIAL INFORMATION. 2 8 1.A member of theThe board shall not disclose 2 9 information relating to the following: 2 101. Criminal history or prior misconduct of the applicant.2 112.a.Information relating to theThe contents of the 2 12 examination. 2 133.b.Information relating to theThe examination results 2 14 other than final score except for information about the 2 15 results of an examination which is given to the person who 2 16 took the examination. 2 17 2. A member of the board who willfully communicates or 2 18 seeks to communicate such information, and any person who 2 19 willfully requests, obtains, or seeks to obtain such 2 20 information, is guilty of a simple misdemeanor. 2 21 Sec. 4. Section 543B.52, Code 2007, is amended to read as 2 22 follows: 2 23 543B.52 DISCLOSURE OF CONFIDENTIAL INFORMATION. 2 24 1.A member of theThe commission shall not disclose 2 25 information relating to the following: 2 261. Criminal history or prior misconduct of the applicant.2 272.a.Information relating to theThe contents of the 2 28 examination. 2 293.b.Information relating to theThe examination results 2 30 other than final score except for information about the 2 31 results of an examination which is given to the person who 2 32 took the examination. 2 33 2. A member of the commission who willfully communicates 2 34 or seeks to communicate such information, and any person who 2 35 willfully requests, obtains, or seeks to obtain such 3 1 information, is guilty of a simple misdemeanor. 3 2 Sec. 5. Section 543D.4, Code 2007, is amended by adding 3 3 the following new subsection: 3 4 NEW SUBSECTION. 10. The provisions of section 272C.2, 3 5 subsection 4, shall only apply to a certified real estate 3 6 appraiser or an associate real estate appraiser to the extent 3 7 consistent with the policies adopted by the appraisal 3 8 qualifications board of the appraisal foundation. 3 9 Sec. 6. Section 544A.8, unnumbered paragraph 4, Code 2007, 3 10 is amended to read as follows: 3 11 In lieu of examination, the board may grant registration by 3 12 reciprocity. A person applying to the board for registration 3 13 by reciprocity shall furnish satisfactory evidence that the 3 14 personmeets both of the following requirements:holds 3 15 qualifications determined by the board to be substantially 3 16 equivalent to the requirements for initial registration in 3 17 accordance with section 546.10, subsection 8. 3 18 Sec. 7. Section 544A.8, subsections 1 and 2, Code 2007, 3 19 are amended by striking the subsections. 3 20 Sec. 8. Section 544A.9, Code 2007, is amended to read as 3 21 follows: 3 22 544A.9 REGISTRATION. 3 23 When the applicant has complied with the requirements as 3 24 set forth in section 544A.8,to the satisfaction of at least 3 25 four members of the board,and has paid the fees prescribed by 3 26 the board, thesecretaryexecutive officer shall enroll the 3 27 applicant's name and address in the roster of registered 3 28 architects and issue to the applicant a certificate of 3 29 registration, signed by the officers of the board, which 3 30 certificate shall entitle the applicant to practice as an 3 31 architect in the state of Iowa. 3 32 Sec. 9. Section 544A.13, unnumbered paragraph 3, Code 3 33 2007, is amended to read as follows: 3 34 Proceedings for the revocation of a certificate shall be 3 35 initiated by filing written charges against the accused with 4 1 the board.Upon the filing of charges the board may request 4 2 the department of inspections and appeals to conduct an 4 3 investigation into the charges. The department of inspections 4 4 and appeals shall report its findings to the board, and aA 4 5 time and place for the hearing of the charges shall be fixed 4 6 by the board if the board determines that a hearing is 4 7 warranted. If personal service or service through counsel 4 8 cannot be effected, service may be by publication. At the 4 9 hearing, the accused has the right to be represented by 4 10 counsel, to introduce evidence, and to examine and 4 11 cross=examine witnesses. The board may subpoena witnesses, 4 12 administer oaths to witnesses, and employ counsel.The board 4 13 shall make a written report of its findings, which shall be 4 14 filed with the secretary of state, and which is conclusive.4 15 Sec. 10. Section 544A.15, subsection 1, Code 2007, is 4 16 amended to read as follows: 4 17 1. It is unlawful for a person to engage in or to offer to 4 18 engage in the practice of architecture in this state or use in 4 19 connection with the person's name the title "architect", 4 20 "registered architect", or "architectural designer", or to 4 21 imply that the person provides or offers to provide 4 22 professional architectural services, or to otherwise assume, 4 23 use, or advertise any title, word, figure, sign, card, 4 24 advertisement, or other symbol or description tending to 4 25 convey the impression that the person is an architect or is 4 26 engaged in the practice of architecture unless the person is 4 27 qualified by registration as provided in this chapter. 4 28 However, the board may by rule authorize a person to offer to 4 29 perform architectural services in this state prior to 4 30 registration in this state if the person is registered in good 4 31 standing to practice architecture in at least one other state 4 32 or jurisdiction, the person holds a certificate from a 4 33 national certification council recognized by the board, the 4 34 person makes such disclosures as the board may require by 4 35 rule, and the person becomes duly registered in this state 5 1 prior to otherwise practicing architecture in this state as 5 2 defined in section 544A.16, subsection 8. 5 3 Sec. 11. Section 544A.27, Code 2007, is amended to read as 5 4 follows: 5 5 544A.27 DISCLOSURE OF CONFIDENTIAL INFORMATION. 5 6 1.A member of theThe board shall not disclose 5 7 information relating to the following: 5 81. Criminal history or prior misconduct of the applicant.5 92.a.Information relating to theThe contents of the 5 10 examination. 5 113.b.Information relating to theThe examination results 5 12 other than final score except for information about the 5 13 results of an examination which is given to the person who 5 14 took the examination. 5 15 2. A member of the board who willfully communicates or 5 16 seeks to communicate such information, and any person who 5 17 willfully requests, obtains, or seeks to obtain such 5 18 information, is guilty of a simple misdemeanor. 5 19 5 20 5 21 5 22 JOHN P. KIBBIE 5 23 President of the Senate 5 24 5 25 5 26 5 27 PATRICK J. MURPHY 5 28 Speaker of the House 5 29 5 30 I hereby certify that this bill originated in the Senate and 5 31 is known as Senate File 2179, Eighty=second General Assembly. 5 32 5 33 5 34 5 35 MICHAEL E. MARSHALL 6 1 Secretary of the Senate 6 2 Approved , 2008 6 3 6 4 6 5 6 6 CHESTER J. CULVER 6 7 Governor