H.F. 2433 Section 1. Section 9A.105, subsection 1, paragraph h, Code 1 2011, is amended to read as follows: 2 h. Whether the applicant or any person named pursuant to 3 paragraph “g” has been convicted of a crime felony that, if 4 committed in this state, would be a crime involving moral 5 turpitude or which is a felony , and identify the crime felony . 6 Sec. 2. Section 9A.106, subsection 2, paragraph a, Code 7 2011, is amended to read as follows: 8 a. Been convicted of a crime felony that, if committed in 9 this state, would be a crime involving moral turpitude or a 10 felony . 11 Sec. 3. Section 17A.3, subsection 1, paragraph a, Code 2011, 12 is amended to read as follows: 13 a. (1) Adopt as a rule a description of the organization of 14 the agency which states the general course and method of its 15 operations, the administrative subdivisions of the agency and 16 the programs implemented by each of them, a statement of the 17 mission of the agency, and the methods by which and location 18 where the public may obtain information or make submissions or 19 requests. 20 (2) Each board, commission, or other multimember agency 21 shall follow Robert’s rules of order, eleventh edition, in 22 governing the conduct of agency meetings. 23 Sec. 4. Section 17A.4, subsection 3, Code 2011, is amended 24 to read as follows: 25 3. a. When an agency for good cause finds that notice 26 and public participation would be unnecessary, impracticable, 27 or contrary to the public interest When the statute so 28 provides, or with the approval of the administrative rules 29 review committee , the provisions of subsection 1 shall be 30 inapplicable. The agency shall incorporate in each rule issued 31 in reliance upon this provision either the finding and a brief 32 statement of the reasons for the finding, or a statement that 33 the rule is within a very narrowly tailored category of rules 34 whose issuance has previously been exempted from subsection 1 35 -1- LSB 5031HV (3) 84 jr/rj 1/ 10

H.F. 2433 by a special rule relying on this provision and including such 1 a finding and statement of reasons for the entire category. 2 b. (1) If the administrative rules review committee by 3 a two-thirds vote, the governor, or the attorney general 4 files with the administrative code editor an objection to the 5 adoption of any a rule or portion of a rule pursuant to this 6 subsection , that the rule or portion of the rule shall cease 7 to be effective one hundred eighty days after the date the 8 objection was filed. A 9 (2) If the administrative rules review committee files with 10 the administrative code editor an objection to the adoption of 11 a rule or portion of a rule pursuant to this subsection, the 12 administrative rules review committee, by a separate two-thirds 13 vote, may suspend the applicability of the rule or portion 14 of the rule until the rule ceases to be effective under this 15 paragraph “b” . The determination to suspend the applicability 16 of the rule or portion of the rule shall be included in the copy 17 of the objection to be forwarded to the agency. 18 c. If an objection to a rule is filed under this subsection, 19 a copy of the objection, properly dated, shall be forwarded to 20 the agency at the time of filing the objection. In any action 21 contesting a rule or portion of a rule adopted pursuant to 22 this subsection , the burden of proof shall be on the agency to 23 show that the procedures of subsection 1 were impracticable, 24 unnecessary, or contrary to the public interest and that, if a 25 category of rules was involved, the category was very narrowly 26 tailored. 27 Sec. 5. Section 17A.4, subsection 7, Code 2011, is amended 28 to read as follows: 29 7. a. Upon the vote of two-thirds of its members the 30 administrative rules review committee may delay the effective 31 date of a rule or portion of a rule seventy days beyond that 32 permitted in section 17A.5 , unless the rule was promulgated 33 under section 17A.5, subsection 2 , paragraph “b” . This 34 provision shall be utilized by the committee only if further 35 -2- LSB 5031HV (3) 84 jr/rj 2/ 10

H.F. 2433 time is necessary to study and examine the rule. If the 1 rule was promulgated under section 17A.5, subsection 2, 2 paragraph “b” , the administrative rules review committee, 3 within thirty-five days of the effective date of the rule and 4 upon the vote of two-thirds of its members, may suspend the 5 applicability of the rule or portion of the rule for seventy 6 days. 7 b. Notice of an effective date that was delayed under this 8 provision shall be published in the Iowa administrative code 9 and bulletin. 10 Sec. 6. Section 17A.4, Code 2011, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 9. Upon the vote of two-thirds of its 13 members, the administrative rules review committee, following 14 notice of intended action as provided in subsection 1 and prior 15 to adoption of a rule pursuant to that notice, may suspend 16 further action relating to that notice for seventy days. 17 Notice of a notice of intended action that was suspended under 18 this provision shall be published in the Iowa administrative 19 code and bulletin. 20 Sec. 7. Section 17A.8, subsection 4, Code 2011, is amended 21 to read as follows: 22 4. a. The committee shall choose a chairperson from its 23 membership and prescribe its rules of procedure. The committee 24 may employ a secretary or may appoint the administrative code 25 editor or a designee to act as secretary. 26 b. The chairperson of the committee shall be chosen as 27 provided in this paragraph. For the term commencing with the 28 convening of the first regular session of each general assembly 29 and ending upon the convening of the second regular session 30 of that general assembly, the chairperson shall be chosen by 31 the committee from its members who are members of the house of 32 representatives. For the term commencing with the convening 33 of the second regular session of each general assembly and 34 ending upon the convening of the first regular session of the 35 -3- LSB 5031HV (3) 84 jr/rj 3/ 10

H.F. 2433 next general assembly, the chairperson shall be chosen by the 1 committee from its members who are members of the senate. A 2 vacancy shall be filled in the same manner as the original 3 appointment and shall be for the remainder of the unexpired 4 term of the vacancy. 5 Sec. 8. Section 17A.8, subsection 9, Code 2011, is amended 6 to read as follows: 7 9. a. Upon a vote of two-thirds of its members, the 8 administrative rules review committee may delay the effective 9 date of a rule or portion of a rule until the adjournment 10 of the next regular session of the general assembly , unless 11 the rule was promulgated under section 17A.5, subsection 2, 12 paragraph “b” . If the rule was promulgated under section 13 17A.5, subsection 2, paragraph “b” , the administrative rules 14 review committee, within thirty-five days of the effective date 15 of the rule and upon the vote of two-thirds of its members, 16 may suspend the applicability of the rule or portion of the 17 rule until the adjournment of the next regular session of the 18 general assembly. 19 b. The committee shall refer a rule or portion of a rule 20 whose effective date has been delayed or applicability has 21 been suspended to the speaker of the house of representatives 22 and the president of the senate who shall refer the delayed 23 or suspended rule or portion of the rule to the appropriate 24 standing committees of the general assembly. A standing 25 committee shall review a the rule within twenty-one days 26 after the rule is referred to the committee by the speaker 27 of the house of representatives or the president of the 28 senate and shall take formal committee action by sponsoring 29 a joint resolution to disapprove the rule, by proposing 30 legislation relating to the rule, or by refusing to propose 31 a joint resolution or legislation concerning the rule. The 32 standing committee shall inform the administrative rules review 33 committee of the committee action taken concerning the rule. 34 If the general assembly has not disapproved of the rule by a 35 -4- LSB 5031HV (3) 84 jr/rj 4/ 10

H.F. 2433 joint resolution, the rule shall become effective. The speaker 1 of the house of representatives and the president of the senate 2 shall notify the administrative code editor of the final 3 disposition of each rule or portion of a rule whose effective 4 date has been delayed or whose applicability has been suspended 5 pursuant to this subsection . If a the rule is disapproved, it 6 the rule shall not become be effective and the agency shall 7 rescind the rule. This section shall not apply to rules made 8 effective under section 17A.5, subsection 2 , paragraph “b” . 9 Sec. 9. Section 80A.4, subsection 1, paragraph g, Code 2011, 10 is amended to read as follows: 11 g. Has not been convicted of a crime described in section 12 708.3 , 708.4 , 708.5 , 708.6 , 708.8 , or 708.9 felony . 13 Sec. 10. Section 99G.24, subsection 7, paragraph a, Code 14 2011, is amended to read as follows: 15 a. Has been convicted of a criminal offense an aggravated 16 misdemeanor or felony related to the security or integrity of 17 the lottery in this or any other jurisdiction. 18 Sec. 11. Section 135C.33, subsection 1, paragraph a, Code 19 2011, is amended to read as follows: 20 a. For the purposes of this section , the term “crime” does 21 not include offenses under chapter 321 classified as a simple 22 misdemeanor or equivalent simple misdemeanor offenses from 23 another jurisdiction means an aggravated misdemeanor or felony . 24 Sec. 12. Section 147.55, subsection 5, Code 2011, is amended 25 to read as follows: 26 5. Conviction of a crime an aggravated misdemeanor or felony 27 related to the profession or occupation of the licensee or the 28 conviction of any crime an aggravated misdemeanor or felony 29 that would directly affect the licensee’s ability to practice 30 within a profession. A copy of the record of conviction or 31 plea of guilty shall be conclusive evidence of the conviction . 32 Sec. 13. Section 148.6, subsection 2, paragraph b, Code 33 2011, is amended to read as follows: 34 b. Being convicted of a felony in the courts of this state 35 -5- LSB 5031HV (3) 84 jr/rj 5/ 10

H.F. 2433 or another state, territory, or country. Conviction as used in 1 this paragraph shall include a conviction of an offense which 2 if committed in this state would be deemed a felony without 3 regard to its designation elsewhere , or a criminal proceeding 4 in which a finding or verdict of guilt is made or returned, but 5 the adjudication of guilt is either withheld or not entered . 6 A certified copy of the final order or judgment of conviction 7 or plea of guilty in this state or in another state shall be 8 conclusive evidence of the conviction . 9 Sec. 14. Section 153.34, subsection 9, Code 2011, is amended 10 to read as follows: 11 9. For the conviction of a felony in the courts of this 12 state or another state, territory, or country. Conviction as 13 used in this subsection includes a conviction of an offense 14 which if committed in this state would be a felony without 15 regard to its designation elsewhere , and includes a finding or 16 verdict of guilt made or returned in a criminal proceeding even 17 if the adjudication of guilt is withheld or not entered . A 18 certified copy of the final order or judgment of conviction or 19 plea of guilty in this state or in another state constitutes 20 conclusive evidence of the conviction. 21 Sec. 15. Section 156.9, subsection 2, paragraph e, Code 22 2011, is amended to read as follows: 23 e. Conviction of any crime an aggravated misdemeanor 24 or felony related to the practice of mortuary science or 25 implicating the licensee’s competence to safely perform 26 mortuary science services, including but not limited to a 27 crime an aggravated misdemeanor or felony involving moral 28 character, dishonesty, fraud, theft, embezzlement, extortion, 29 or controlled substances, in a court of competent jurisdiction 30 in this state, or in another state, territory, or district of 31 the United States, or in a foreign jurisdiction. For purposes 32 of this paragraph, “conviction” includes a guilty plea, deferred 33 judgment, or other finding of guilt. A certified copy of the 34 judgment is prima facie conclusive evidence of the conviction. 35 -6- LSB 5031HV (3) 84 jr/rj 6/ 10

H.F. 2433 Sec. 16. Section 169.13, subsection 1, paragraph b, Code 1 2011, is amended to read as follows: 2 b. Being convicted of a felony in the courts of this state 3 or another state, territory, or country. Conviction as used 4 in this paragraph includes a conviction of an offense which 5 if committed in this state would be deemed a felony without 6 regard to its designation elsewhere , or a criminal proceeding 7 in which a finding or verdict of guilt is made or returned, but 8 the adjudication or guilt is either withheld or not entered . A 9 certified copy of the final order or judgment of conviction or 10 plea of guilty in this state or in another state is conclusive 11 evidence of the conviction . 12 Sec. 17. Section 272C.1, subsection 6, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . ag. The state racing and gaming commission 15 created pursuant to section 99D.5. 16 Sec. 18. Section 272C.3, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5. Notwithstanding any other provision 19 of law to the contrary, a licensing board shall not treat a 20 deferred judgment or a final order resulting in a deferred 21 judgment, as deferred judgment is defined in section 907.1, 22 as a conviction in determining whether there are grounds for 23 licensee discipline or license denial, unless the deferred 24 judgment is withdrawn and judgment is entered as provided in 25 section 907.3, subsection 1. 26 Sec. 19. Section 523A.503, subsection 1, paragraph f, Code 27 2011, is amended to read as follows: 28 f. Conviction of a criminal offense an aggravated 29 misdemeanor or felony involving dishonesty or a false statement 30 including but not limited to fraud, theft, misappropriation of 31 funds, falsification of documents, deceptive acts or practices, 32 or other related offenses. 33 Sec. 20. Section 543B.15, subsection 3, paragraph c, Code 34 2011, is amended by striking the paragraph. 35 -7- LSB 5031HV (3) 84 jr/rj 7/ 10

H.F. 2433 Sec. 21. Section 543B.29, subsection 1, paragraph f, 1 unnumbered paragraph 1, Code Supplement 2011, is amended by 2 striking the unnumbered paragraph. 3 EXPLANATION 4 This bill relates to the rulemaking process and more 5 generally to agency decision making. 6 The bill concerns the administrative rules review committee 7 (ARRC) relative to its powers concerning the rulemaking process 8 and the process of selecting a chairperson of the committee. 9 As it relates to the rulemaking process, the bill provides 10 that a rule can be adopted without notice only if the statute 11 so provides or with the approval of the ARRC. 12 Code section 17A.4(3) relates to so-called “emergency” 13 rulemaking. This section is amended to empower the ARRC to 14 object to an emergency adopted rule and suspend its effect. 15 Code section 17A.4(7), concerning the 70-day delay authority 16 of the ARRC, is amended to provide that the ARRC may, upon 17 a two-thirds vote, suspend the applicability of a rule 18 promulgated under Code section 17A.5(2)(b) (so-called emergency 19 rulemaking) for 70 days. The bill provides that action to 20 suspend the applicability of a rule under this new provision 21 must be taken within 35 days of the effective date of the 22 rule. In addition, the bill provides that the ARRC may utilize 23 the 70-day delay authority regardless of the reason for the 24 delay and for a portion of a rule. Under current law, rules 25 promulgated under Code section 17A.5(2)(b) take effect upon 26 filing and are not subject to the 70-day delay authority of the 27 ARRC. 28 Code section 17A.4, new subsection 9, provides that the 29 ARRC, upon a two-thirds vote, may suspend for 70 days further 30 action relating to a notice of intended action filed by an 31 agency. Under current law, the ARRC has no authority relating 32 to a notice of intended action filed with the ARRC until the 33 adopted rule is filed with the ARRC following this notice. 34 Code section 17A.8(4), concerning the selection of the 35 -8- LSB 5031HV (3) 84 jr/rj 8/ 10

H.F. 2433 chairperson of the ARRC, is amended. The bill provides that 1 the chairperson for the term commencing with the convening 2 of the first regular session of each general assembly and 3 ending upon the convening of the second regular session of that 4 general assembly shall be chosen by the committee from its 5 members who are members of the house of representatives. The 6 chairperson for the term commencing with the convening of the 7 second regular session of each general assembly and ending upon 8 the convening of the first regular session of the next general 9 assembly shall be chosen by the committee from its members 10 who are members of the senate. Current law provides that the 11 chairperson shall be selected by the ARRC from the membership 12 of the ARRC. 13 Code section 17A.8(9), concerning the session delay 14 authority of the ARRC, is amended to provide that the ARRC, 15 upon a two-thirds vote, may suspend the applicability of 16 a rule promulgated under Code section 17A.5(2)(b), until 17 the adjournment of the next regular session of the general 18 assembly. The bill also provides that action to suspend the 19 applicability of a rule under this new provision must be taken 20 within 35 days of the effective date of the rule. In addition, 21 the bill provides that the ARRC may utilize the session delay 22 authority for a portion of a rule. Under current law, rules 23 promulgated under Code section 17A.5(2)(b) take effect upon 24 filing and are not subject to the session delay authority of 25 the ARRC. 26 As it relates to agency decision making generally, the bill 27 requires that boards and commissions operate under Roberts 28 rules of order, revised. 29 The bill also relates to agency action concerning 30 professional or occupational licensing. The bill restricts the 31 ability of a licensing board to consider a deferred judgment 32 when deciding whether to suspend or revoke a license or impose 33 some other licensee discipline. The bill also generally limits 34 offenses which may be considered to aggravated misdemeanors or 35 -9- LSB 5031HV (3) 84 jr/rj 9/ 10