HF 2385 (LSB 5937HV (1) 85)

HOUSE FILE 2385

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 2157)

A BILL FOR

An Act relating to state agency decision making.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 9A.105, subsection 1, paragraph h, Code 2014, is amended to read as follows:
   h.  Whether the applicant or any person named pursuant to paragraph “g” has been convicted of a crime felony that, if committed in this state, would be a crime involving moral turpitude or which is a felony, and identify the crime felony.
    Sec. 2.  Section 9A.106, subsection 2, paragraph a, Code 2014, is amended to read as follows:
   a.  Been convicted of a crime felony that, if committed in this state, would be a crime involving moral turpitude or a felony.
    Sec. 3.  Section 17A.3, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  (1)  Adopt as a rule a description of the organization of the agency which states the general course and method of its operations, the administrative subdivisions of the agency and the programs implemented by each of them, a statement of the mission of the agency, and the methods by which and location where the public may obtain information or make submissions or requests.
   (2)  Each board, commission, or other multimember agency shall follow Robert’s rules of order in governing the conduct of agency meetings unless it is inconsistent with Iowa law.
    Sec. 4.  Section 17A.4, subsection 1, paragraph b, Code 2014, is amended to read as follows:
   b.  (1)  Afford all interested persons not less than twenty days to submit data, views, or arguments in writing, including in an electronic format. If timely requested in writing by twenty-five interested persons, by a governmental subdivision, by the administrative rules review committee, by an agency, or by an association having not less than twenty-five members, the agency must give interested persons an opportunity to make oral presentation.
   (2)  The agency shall provide an opportunity to make these oral presentations using the Iowa communications network or other electronic means if a request is received from twenty-five interested persons residing in the same city or county.
   (3)  The opportunity for oral presentation must be held at least twenty days after publication of the notice of its time and place in the Iowa administrative bulletin. The agency shall consider fully all written and oral submissions respecting the proposed rule. Within one hundred eighty days following either the notice published according to the provisions of paragraph “a” or within one hundred eighty days after the last date of the oral presentations on the proposed rule, whichever is later, the agency shall adopt a rule pursuant to the rulemaking proceeding or shall terminate the proceeding by publishing notice of termination in the Iowa administrative bulletin.
    Sec. 5.  Section 17A.4, subsection 2, Code 2014, is amended to read as follows:
   2.  An agency shall include in a preamble to each rule it adopts a specific reference to the Code section or sections being implemented and a brief explanation of the principal reasons for its action and, if applicable, a brief explanation of the principal reasons for its failure to provide in that rule for the waiver of the rule in specified situations if no such waiver provision is included in the rule. This explanatory requirement does not apply when the agency adopts a rule that only defines the meaning of a provision of law if the agency does not possess delegated authority to bind the courts to any extent with its definition. In addition, if requested to do so by an interested person, either prior to adoption or within thirty days thereafter, the agency shall issue a concise statement of the principal reasons for and against the rule adopted, incorporating therein the reasons for overruling considerations urged against the rule. This concise statement shall be issued either at the time of the adoption of the rule or within thirty-five days after the agency receives the request.
    Sec. 6.  NEW SECTION.  17A.24  Rule implementation of federal statute, regulation, or policy.
   1.  Except as otherwise explicitly authorized by state law, an agency charged with the implementation of a federal statute, regulation, or policy shall not implement the federal statute, regulation, or policy in a manner that exceeds the specific requirements of the federal statute, regulation, or policy.
   2.  Any portion of an agency rule or policy that implements a federal statute, regulation, or policy and that exceeds the specific requirements of the federal statute, regulation, or policy is automatically superceded by the specific requirements of that federal statute, regulation, or policy.
    Sec. 7.  Section 80A.4, subsection 1, paragraph g, Code 2014, is amended to read as follows:
   g.  Has not been convicted of a crime described in section 708.3, 708.4, 708.5, 708.6, 708.8, or 708.9 felony.
    Sec. 8.  Section 99G.24, subsection 7, paragraph a, Code 2014, is amended to read as follows:
   a.  Has been convicted of a criminal offense public offense related to the security or integrity of the lottery in this or any other jurisdiction.
    Sec. 9.  Section 135C.33, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  For the purposes of this section, the term “crime” does not include offenses under chapter 321 classified as a simple misdemeanor or equivalent simple misdemeanor offenses from another jurisdiction means an aggravated misdemeanor or felony.
    Sec. 10.  Section 147.55, subsection 5, Code 2014, is amended to read as follows:
   5.  Conviction of a crime an aggravated misdemeanor or felony related to the profession or occupation of the licensee or the conviction of any crime an aggravated misdemeanor or felony that would directly affect the licensee’s ability to practice within a profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence of the conviction.
    Sec. 11.  Section 148.6, subsection 2, paragraph b, Code 2014, is amended to read as follows:
   b.  Being convicted of a felony in the courts of this state or another state, territory, or country. Conviction as used in this paragraph shall include a conviction of an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding in which a finding or verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not entered. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state shall be conclusive evidence of the conviction.
    Sec. 12.  Section 153.34, subsection 9, Code 2014, is amended to read as follows:
   9.  For the conviction of a felony in the courts of this state or another state, territory, or country. Conviction as used in this subsection includes a conviction of an offense which if committed in this state would be a felony without regard to its designation elsewhere, and includes a finding or verdict of guilt made or returned in a criminal proceeding even if the adjudication of guilt is withheld or not entered. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state constitutes conclusive evidence of the conviction.
    Sec. 13.  Section 156.9, subsection 2, paragraph e, Code 2014, is amended to read as follows:
   e.  Conviction of any crime an aggravated misdemeanor or felony related to the practice of mortuary science or implicating the licensee’s competence to safely perform mortuary science services, including but not limited to a crime an aggravated misdemeanor or felony involving moral character, dishonesty, fraud, theft, embezzlement, extortion, or controlled substances, in a court of competent jurisdiction in this state, or in another state, territory, or district of the United States, or in a foreign jurisdiction. For purposes of this paragraph, “conviction” includes a guilty plea, deferred judgment, or other finding of guilt. A certified copy of the judgment is prima facie conclusive evidence of the conviction.
    Sec. 14.  Section 169.13, subsection 1, paragraph b, Code 2014, is amended to read as follows:
   b.  Being convicted of a felony in the courts of this state or another state, territory, or country. Conviction as used in this paragraph includes a conviction of an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding in which a finding or verdict of guilt is made or returned, but the adjudication or guilt is either withheld or not entered. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state is conclusive evidence of the conviction.
    Sec. 15.  Section 272C.1, subsection 6, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  ag.  The state racing and gaming commission created in section 99D.5.
    Sec. 16.  Section 272C.3, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Notwithstanding any other provision of law to the contrary, a licensing board shall not treat a deferred judgment or a final order resulting in a deferred judgment, as deferred judgment is defined in section 907.1, as a conviction in determining whether there are grounds for licensee discipline or license denial, unless the deferred judgment is withdrawn and judgment is entered as provided in section 907.3, subsection 1.
    Sec. 17.  Section 523A.503, subsection 1, paragraph f, Code 2014, is amended to read as follows:
   f.  Conviction of a criminal offense an aggravated misdemeanor or felony involving dishonesty or a false statement including but not limited to fraud, theft, misappropriation of funds, falsification of documents, deceptive acts or practices, or other related offenses.
    Sec. 18.  Section 543B.15, subsection 3, paragraph c, Code 2014, is amended by striking the paragraph.
    Sec. 19.  Section 543B.29, subsection 1, paragraph f, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   Conviction of an offense included in section 543B.15, subsection 3. For purposes of this section, “conviction” means a conviction for an indictable offense and includes the court’s acceptance of a guilty plea, a deferred judgment from the time of entry of the deferred judgment until the time the defendant is discharged by the court without entry of judgment, or other finding of guilt by a court of competent jurisdiction. A copy of the record of conviction, guilty plea, deferred judgment, or other finding of guilt is conclusive evidence.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the rulemaking process and more generally to agency decision making. As it relates to the rulemaking process, the bill requires that the preamble to proposed rulemaking specifically cite the statute being implemented, and that agencies accept written material in an electronic format, and allow persons to make oral presentations on rules through the Iowa communications network or other electronic means.
   The bill provides that an agency shall not implement a federal statute, regulation, or policy in a manner that exceeds the specific requirements of the federal statute, regulation, or policy, unless explicitly authorized by state law.
   As it relates to agency decision making generally, the bill requires that boards and commissions operate under Robert’s rules of order.
   The bill also relates to agency action concerning professional or occupational licensing. The bill restricts the ability of a licensing board to consider a deferred judgment when deciding whether to suspend or revoke a license or impose some other licensee discipline. The bill also generally limits offenses which may be so considered to aggravated misdemeanors and felonies.