House Study Bill 174 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON RIZER) A BILL FOR An Act relating to certain state regulations, including 1 certificate of need requirements, the practice of certain 2 professions, the oversight of state preserves, and 3 elimination of the Iowa capital investment board, and 4 including effective date and transition provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2657YC (3) 87 tr/nh

H.F. _____ DIVISION I 1 CERTIFICATE OF NEED REQUIREMENT 2 Section 1. Section 135.61, subsection 14, paragraph a, Code 3 2017, is amended by striking the paragraph. 4 Sec. 2. Section 135.61, subsection 18, Code 2017, is amended 5 by adding the following new paragraphs: 6 NEW PARAGRAPH . n. The addition of swing-beds by a hospital 7 resulting in a swing-bed capacity of twenty-five or more swing 8 beds, or the addition of nursing facility beds or skilled 9 nursing facility beds by a hospital. 10 NEW PARAGRAPH . o. The construction, development, or other 11 establishment of a hospital in a county with a population of 12 less than eighty thousand, or of a hospital in a county with a 13 population of greater than eighty thousand if the hospital is 14 to be located within thirty-five miles of a hospital located in 15 a county with a population of less than eighty thousand. 16 Sec. 3. Section 135.61, Code 2017, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 21A. “Proposed institutional health 19 service” or “institutional health service proposed” includes an 20 institutional health service and the new institutional health 21 service or changed institutional health service specified in 22 subsection 18, paragraph “n” or “o” . 23 Sec. 4. Section 135.63, subsection 2, paragraph g, 24 subparagraph (1), subparagraph division (a), Code 2017, is 25 amended to read as follows: 26 (a) The institutional health facility reports to the 27 department the number and type of beds reduced on a form 28 prescribed by the department at least thirty days before the 29 reduction. In the case of a health care facility, the new bed 30 total must be consistent with the number of licensed beds at 31 the facility. In the case of a hospital, the number of beds 32 must be consistent with bed totals reported to the department 33 of inspections and appeals for purposes of licensure and 34 certification. 35 -1- LSB 2657YC (3) 87 tr/nh 1/ 49

H.F. _____ Sec. 5. Section 135.63, subsection 2, paragraphs k and n, 1 Code 2017, are amended by striking the paragraphs. 2 Sec. 6. Section 135.63, subsection 2, paragraphs l and m, 3 Code 2017, are amended to read as follows: 4 l. The replacement or modernization of any institutional 5 health facility if the replacement or modernization does 6 not add new health services or additional bed capacity for 7 existing health services, notwithstanding any provision in this 8 division to the contrary. With respect to a nursing facility, 9 “replacement” means establishing a new facility within the same 10 county as the prior facility to be closed. With reference to 11 a hospital, “replacement” means establishing a new hospital 12 that demonstrates compliance with all of the following criteria 13 through evidence submitted to the department: 14 (1) Is designated as a critical access hospital pursuant to 15 42 U.S.C. §1395i-4. 16 (2) Serves at least seventy-five percent of the same service 17 area that was served by the prior hospital to be closed and 18 replaced by the new hospital. 19 (3) Provides at least seventy-five percent of the same 20 services that were provided by the prior hospital to be closed 21 and replaced by the new hospital. 22 (4) Is staffed by at least seventy-five percent of the 23 same staff, including medical staff, contracted staff, and 24 employees, as constituted the staff of the prior hospital to be 25 closed and replaced by the new hospital. 26 m. Hemodialysis services provided by a hospital or 27 freestanding facility, notwithstanding any provision in this 28 division to the contrary. 29 Sec. 7. Section 135.63, subsection 2, Code 2017, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . q. A facility that primarily provides 32 services to a person with a primary diagnosis of mental illness 33 as defined in section 229.1. 34 Sec. 8. Section 135P.1, subsection 3, Code 2017, is amended 35 -2- LSB 2657YC (3) 87 tr/nh 2/ 49

H.F. _____ to read as follows: 1 3. “Health facility” means an institutional health 2 facility as defined in section 135.61 , hospital as defined 3 in section 135B.1, hospice licensed under chapter 135J , home 4 health agency as defined in section 144D.1 , assisted living 5 program certified under chapter 231C , clinic, or community 6 health center, and includes any corporation, professional 7 corporation, partnership, limited liability company, limited 8 liability partnership, or other entity comprised of such health 9 facilities. 10 Sec. 9. STATE HEALTH FACILITIES COUNCIL —— CERTIFICATE OF 11 NEED STUDY AND REPORT. 12 1. The state health facilities council established in 13 section 135.62 shall conduct a study regarding the continued 14 need for the certificate of need process. 15 2. The state health facilities council shall submit a report 16 to the governor’s office and the legislative services agency 17 by July 1, 2018, including its findings and recommendations 18 regarding the future of the certificate of need process. 19 Sec. 10. EFFECTIVE UPON ENACTMENT. This division of this 20 Act, being deemed of immediate importance, takes effect upon 21 enactment. 22 DIVISION II 23 PRACTICE OF DENTISTRY MODIFICATION AND INTERIOR DESIGN 24 EXAMINING BOARD REPEAL 25 Sec. 11. Section 153.13, subsection 3, Code 2017, is amended 26 by striking the subsection. 27 Sec. 12. Section 546.10, subsection 1, paragraph f, Code 28 2017, is amended by striking the paragraph. 29 Sec. 13. Section 546.10, subsection 5, Code 2017, is amended 30 to read as follows: 31 5. Fees collected under chapters 542 , 542B , 543B , 544A , 32 and 544B , and 544C shall be paid to the treasurer of state 33 and credited to the general fund of the state. All expenses 34 required in the discharge of the duties and responsibilities 35 -3- LSB 2657YC (3) 87 tr/nh 3/ 49

H.F. _____ imposed upon the professional licensing and regulation bureau 1 of the banking division of the department of commerce, the 2 administrator, and the licensing boards by the laws of this 3 state shall be paid from moneys appropriated by the general 4 assembly for those purposes. All fees deposited into the 5 general fund of the state, as provided in this subsection , 6 shall be subject to the requirements of section 8.60 . 7 Sec. 14. REPEAL. Chapter 544C, Code 2017, is repealed. 8 Sec. 15. TRANSITION PROVISIONS. 9 1. Any moneys remaining in any account or fund under 10 the control of the interior design examining board on the 11 effective date of this division of this Act and relating to the 12 provisions of this division of this Act shall be transferred to 13 the general fund. 14 2. An administrative hearing or court proceeding arising 15 out of an enforcement action under chapter 544C or related 16 administrative rules pending on the effective date of this 17 division of this Act shall not be affected by this division 18 of this Act. Any cause of action or statute of limitation 19 relating to an action taken by the interior design examining 20 board shall not be affected by this division of this Act. 21 DIVISION III 22 REPEAL OF STATE ADVISORY BOARD FOR PRESERVES 23 Sec. 16. Section 455A.8, subsections 1 and 2, Code 2017, are 24 amended to read as follows: 25 1. a. The Brushy creek recreation trails advisory board 26 shall be organized within the department and shall be composed 27 of nine eight voting members and one ex officio nonvoting 28 member as follows: 29 (1) The director of the department or the director’s 30 designee who shall serve as the nonvoting ex officio member. 31 (2) The park employee who is primarily responsible for 32 maintenance of the Brushy creek recreation area. 33 (3) A member of the state advisory board for preserves 34 established under chapter 465C . 35 -4- LSB 2657YC (3) 87 tr/nh 4/ 49

H.F. _____ (4) Seven persons appointed by the natural resource 1 commission. 2 b. The director shall provide the natural resource 3 commission with nominations of prospective board members. 4 Each person appointed by the natural resource commission must 5 actively participate in recreational trail activities such 6 as hiking, bicycling, an equestrian sport, or a winter sport 7 at the Brushy creek recreation area. The nine eight voting 8 members shall elect a chairperson at the board’s first meeting 9 each year. 10 2. Each voting member of the board shall serve for terms 11 of three years, and shall be eligible for reappointment. A 12 vacancy on the board shall be filled for the remainder of the 13 original term. However, a vacancy in the membership slot 14 designated for the park employee shall be filled by the park 15 employee’s successor , and the person representing the state 16 advisory board for preserves shall serve at the pleasure of the 17 board . The department shall reimburse each member, other than 18 the director or the director’s designee and the park employee, 19 for actual expenses incurred by the member in performance 20 of the duties of the board. A majority of voting members 21 constitutes a quorum, and the affirmative vote of a majority 22 present is necessary for any action taken by the board, except 23 that a lesser number may adjourn a meeting. A vacancy in the 24 membership of the board does not impair the rights of a quorum 25 to exercise all rights and perform all duties of the board. 26 The board shall meet as required, but at least twice a year. 27 The board shall meet upon call of the chairperson, or upon 28 written request of three members of the board. Written notice 29 of the time and place of the meeting shall be given to each 30 member. 31 Sec. 17. Section 461A.42, subsection 1, paragraph a, Code 32 2017, is amended to read as follows: 33 a. A firearm or other weapon authorized for hunting may be 34 used in preserves or parts of preserves designated by the state 35 -5- LSB 2657YC (3) 87 tr/nh 5/ 49

H.F. _____ advisory board on preserves at the request of the commission. 1 Sec. 18. Section 465C.1, subsection 2, Code 2017, is amended 2 by striking the subsection. 3 Sec. 19. Section 465C.1, subsection 4, Code 2017, is amended 4 to read as follows: 5 4. “Dedication” means the allocation of an area as a 6 preserve by a public agency or by a private owner by written 7 stipulation in a form approved by the state advisory board for 8 preserves commission . 9 Sec. 20. Section 465C.9, Code 2017, is amended to read as 10 follows: 11 465C.9 Articles of dedication. 12 1. The public agency or private owner shall complete 13 articles of dedication on forms approved by the board 14 commission . When the articles of dedication have been approved 15 by the governor, the board commission shall record them with 16 the county recorder for the county or counties in which the 17 area is located. 18 2. The articles of dedication may contain restrictions 19 on development, sale, transfer, method of management, public 20 access, and commercial or other use, and may contain such other 21 provisions as may be necessary to further the purposes of this 22 chapter . They may define the respective jurisdictions of the 23 owner or operating agency and the board commission . They may 24 provide procedures to be applied in case of violation of the 25 dedication. They may recognize reversionary rights. They may 26 vary in provisions from one preserve to another in accordance 27 with differences in relative conditions. 28 Sec. 21. Section 465C.10, Code 2017, is amended to read as 29 follows: 30 465C.10 When dedicated as a preserve. 31 An area shall become a preserve when it has been approved by 32 the board commission for dedication as a preserve, whether in 33 public or private ownership, formally dedicated as a preserve 34 within the system by a public agency or private owner and 35 -6- LSB 2657YC (3) 87 tr/nh 6/ 49

H.F. _____ designated by the governor as a preserve. 1 Sec. 22. Section 465C.11, Code 2017, is amended to read as 2 follows: 3 465C.11 Area held in trust. 4 1. An area designated as a preserve within the system is 5 hereby declared put to its highest, best, and most important 6 use for public benefit. It shall be held in trust and shall not 7 be alienated except to another public use upon a finding by the 8 board commission of imperative and unavoidable public necessity 9 and with the approval of the commission , the general assembly 10 by concurrent resolution, and the governor. The board’s 11 commission’s interest or interests in any area designated as a 12 preserve shall not be taken under the condemnation statutes of 13 this state without such a finding of imperative and unavoidable 14 public necessity by the board commission , and with the 15 consent of the commission, the general assembly by concurrent 16 resolution, and the governor. 17 2. The board commission , with the approval of the governor, 18 may enter into amendments to any articles of dedication upon 19 its finding that such amendment will not permit an impairment, 20 disturbance, or development of the area inconsistent with the 21 purposes of this chapter . 22 3. Before the board commission shall make a finding of 23 imperative and unavoidable public necessity, or shall enter 24 into any amendment to articles of dedication, it shall provide 25 notice of such proposal and opportunity for any person to be 26 heard. Such notice shall be published at least once in a 27 newspaper with a general circulation in the county or counties 28 wherein the area directly affected is situated, and mailed 29 within ten days of such published notice to all persons who 30 have requested notice of all such proposed actions. Each 31 notice shall set forth the substance of the proposed action and 32 describe, with or without legal description, the area affected, 33 and shall set forth a place and time not less than sixty days 34 thence for all persons desiring to be heard to have reasonable 35 -7- LSB 2657YC (3) 87 tr/nh 7/ 49

H.F. _____ opportunity to be heard prior to the finding of the board 1 commission . 2 Sec. 23. REPEAL. Sections 465C.2, 465C.3, 465C.4, 465C.5, 3 465C.6, 465C.7, and 465C.8, Code 2017, are repealed. 4 Sec. 24. TRANSITION PROVISIONS. 5 1. Any rule, regulation, form, order, or directive 6 promulgated by the state advisory board for preserves as 7 required to administer and enforce the provisions of chapter 8 465C, Code 2017, shall continue in full force and effect until 9 amended, repealed, or supplemented by affirmative action of the 10 natural resource commission. 11 2. Any moneys remaining in any account or fund under the 12 control of the state advisory board for preserves on the 13 effective date of this division of this Act and relating 14 to the provisions of this division of this Act shall be 15 transferred to a comparable fund or account under the control 16 of the department of natural resources for such purposes. 17 Notwithstanding section 8.33, the moneys transferred in 18 accordance with this subsection shall not revert to the account 19 or fund from which appropriated or transferred. 20 DIVISION IV 21 ELECTRICAL EXAMINING ADVISORY COUNCIL 22 Sec. 25. Section 100C.10, subsection 3, Code 2017, is 23 amended to read as follows: 24 3. The state fire marshal, or the state fire marshal’s 25 designee, and the chairperson of the electrical examining board 26 advisory council created in section 103.2 shall be nonvoting ex 27 officio members of the board. 28 Sec. 26. Section 103.1, subsections 1, 2, 3, 4, 7, 10, 17, 29 and 18, Code 2017, are amended to read as follows: 30 1. “Apprentice electrician” means any person who, as such 31 person’s principal occupation, is engaged in learning and 32 assisting in the installation, alteration, and repair of 33 electrical wiring, apparatus, and equipment as an employee of 34 a person licensed under this chapter , and who is licensed by 35 -8- LSB 2657YC (3) 87 tr/nh 8/ 49

H.F. _____ the board department and is progressing toward completion of 1 an apprenticeship training program registered by the office 2 of apprenticeship of the United States department of labor. 3 For purposes of this chapter , persons who are not engaged in 4 the installation, alteration, or repair of electrical wiring, 5 apparatus, and equipment, either inside or outside buildings, 6 shall not be considered apprentice electricians. 7 2. “Board” “Council” means the electrical examining board 8 advisory council created under section 103.2 . 9 3. “Class A journeyman electrician” means a person 10 having the necessary qualifications, training, experience, 11 and technical knowledge to wire for or install electrical 12 wiring, apparatus, and equipment and to supervise apprentice 13 electricians and who is licensed by the board department . 14 4. “Class A master electrician” means a person having the 15 necessary qualifications, training, experience, and technical 16 knowledge to properly plan, lay out, and supervise the 17 installation of electrical wiring, apparatus, and equipment for 18 light, heat, power, and other purposes and who is licensed by 19 the board department . 20 7. “Electrical contractor” means a person affiliated with 21 an electrical contracting firm or business who is, or who 22 employs a person who is, licensed by the board department as 23 either a class A or class B master electrician and who is also 24 registered with the state of Iowa as a contractor pursuant to 25 chapter 91C . 26 10. “Inspector” means a person certified as an electrical 27 inspector upon such reasonable conditions as may be adopted by 28 the board department . The board department may permit more 29 than one class of electrical inspector. 30 17. “Special electrician” means a person having the 31 necessary qualifications, training, and experience in wiring 32 or installing special classes of electrical wiring, apparatus, 33 equipment, or installations which shall include irrigation 34 system wiring, disconnecting and reconnecting of existing air 35 -9- LSB 2657YC (3) 87 tr/nh 9/ 49

H.F. _____ conditioning and refrigeration, and sign installation and who 1 is licensed by the board department . 2 18. “Unclassified person” means any person, other than an 3 apprentice electrician or other person licensed under this 4 chapter , who, as such person’s principal occupation, is engaged 5 in learning and assisting in the installation, alteration, and 6 repair of electrical wiring, apparatus, and equipment as an 7 employee of a person licensed under this chapter , and who is 8 licensed by the board department as an unclassified person. 9 For purposes of this chapter , persons who are not engaged in 10 the installation, alteration, or repair of electrical wiring, 11 apparatus, and equipment, either inside or outside buildings, 12 shall not be considered unclassified persons. 13 Sec. 27. Section 103.1, Code 2017, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 6A. “Department” means the department of 16 public safety created under chapter 80. 17 Sec. 28. Section 103.2, subsections 1 and 3, Code 2017, are 18 amended to read as follows: 19 1. An electrical examining board advisory council is 20 created within the division of state fire marshal of the 21 department of public safety. The board council shall consist 22 of eleven ten voting members appointed by the governor and 23 subject to senate confirmation department , all of whom shall be 24 residents of this state. 25 3. The public members of the board shall be allowed to 26 participate in administrative, clerical, or ministerial 27 functions incident to giving a licensure examination, but shall 28 not determine the content of the examination or determine the 29 correctness of the answers. Professional associations or 30 societies composed of licensed electricians may recommend to 31 the governor department the names of potential board council 32 members whose profession is representative of that association 33 or society. However, the governor department is not bound 34 by the recommendations. A board council member shall not 35 -10- LSB 2657YC (3) 87 tr/nh 10/ 49

H.F. _____ be required to be a member of any professional electrician 1 association or society. 2 Sec. 29. Section 103.3, subsections 1 and 2, Code 2017, are 3 amended to read as follows: 4 1. Appointments to the board council , other than the state 5 fire marshal or a representative of the state fire marshal’s 6 office, shall be for three-year staggered terms and shall 7 commence and end as provided by section 69.19 . The most 8 recently appointed state fire marshal, or a representative of 9 the state fire marshal’s office, shall be appointed to the 10 board on an ongoing basis. Vacancies shall be filled for the 11 unexpired term by appointment of the governor and shall be 12 subject to senate confirmation. Members shall serve no more 13 than three terms or nine years, whichever is least. 14 2. Members of the board council are entitled to receive 15 all actual expenses incurred in the discharge of their duties 16 within the limits of funds appropriated to the board. Each 17 member of the board may also be eligible to receive council but 18 shall serve without compensation as provided in section 7E.6 . 19 Sec. 30. Section 103.3, subsection 3, Code 2017, is amended 20 by striking the subsection. 21 Sec. 31. Section 103.4, Code 2017, is amended to read as 22 follows: 23 103.4 Organization of the board council . 24 The board council shall elect annually from its members a 25 chairperson and a vice chairperson , and shall hire and provide 26 staff to assist the board in administering this chapter . An 27 executive secretary designated by the board council shall 28 report to the state fire marshal for purposes of routine 29 board council administrative functions , and shall report 30 directly to the board for purposes of execution of board policy 31 such as application of licensing criteria and processing of 32 applications . The board council shall hold at least one 33 meeting quarterly at the location of the board’s department’s 34 principal office, and meetings shall be called at other times 35 -11- LSB 2657YC (3) 87 tr/nh 11/ 49

H.F. _____ by the chairperson or four members of the board council . 1 At any meeting of the board council , a majority of members 2 constitutes a quorum. 3 Sec. 32. Section 103.6, Code 2017, is amended to read as 4 follows: 5 103.6 Powers and duties of department . 6 1. The board department shall: 7 a. Adopt rules pursuant to chapter 17A and in doing so 8 shall be governed by the minimum standards set forth in the 9 most current publication of the national electrical code issued 10 and adopted by the national fire protection association, and 11 amendments to the code, which code and amendments shall be 12 filed in the offices of the state law library and the board 13 department and shall be a public record. The board department 14 shall adopt rules reflecting updates to the code and amendments 15 to the code. The board department shall promulgate and adopt 16 rules establishing wiring standards that protect public safety 17 and health and property and that apply to all electrical wiring 18 which is installed subject to this chapter . 19 b. Revoke, suspend, or refuse to renew any license granted 20 pursuant to this chapter when the licensee does any of the 21 following: 22 (1) Fails or refuses to pay any examination, license, or 23 renewal fee required by law. 24 (2) Is an electrical contractor and fails or refuses to 25 provide and keep in force a public liability insurance policy 26 and surety bond as required by the board department . 27 (3) Violates any political subdivision’s inspection 28 ordinances. 29 c. Adopt rules for continuing education requirements for 30 each classification of licensure established pursuant to this 31 chapter , and adopt all rules, not inconsistent with the law, 32 necessary for the proper performance of the duties of the board 33 department . 34 d. Provide for the amount and collection of fees for 35 -12- LSB 2657YC (3) 87 tr/nh 12/ 49

H.F. _____ inspection and other services. 1 2. The board department may, in its discretion, revoke, 2 suspend, or refuse to renew any license granted pursuant to 3 this chapter when the licensee violates any provision of the 4 national electrical code as adopted pursuant to subsection 1 , 5 this chapter , or any rule adopted pursuant to this chapter . 6 Sec. 33. NEW SECTION . 103.6A Council duties. 7 The council shall approve all rules prior to their adoption 8 by the department pursuant to section 103.6. 9 Sec. 34. Section 103.7, Code 2017, is amended to read as 10 follows: 11 103.7 Electrician and installer licensing and inspection 12 fund. 13 An electrician and installer licensing and inspection fund 14 is created in the state treasury as a separate fund under the 15 control of the board department . All licensing, examination, 16 renewal, and inspection fees shall be deposited into the fund 17 and retained by and for the use of the board department in 18 administering this chapter . Expenditures from the fund shall 19 be approved by the sole authority of the board department in 20 consultation with the state fire marshal. Amounts deposited 21 into the fund shall be considered repayment receipts as defined 22 in section 8.2 . Notwithstanding section 8.33 , any balance 23 in the fund on June 30 of each fiscal year shall not revert 24 to the general fund of the state, but shall remain available 25 for the purposes of this chapter in subsequent fiscal years. 26 Notwithstanding section 12C.7, subsection 2 , interest or 27 earnings on moneys deposited in the fund shall be credited to 28 the fund. 29 Sec. 35. Section 103.8, subsection 2, Code 2017, is amended 30 to read as follows: 31 2. Except as provided in sections 103.13 and 103.14 , no 32 person shall, for another, plan, lay out, or supervise the 33 installation of wiring, apparatus, or equipment for electrical 34 light, heat, power, and other purposes unless the person is 35 -13- LSB 2657YC (3) 87 tr/nh 13/ 49

H.F. _____ licensed by the board department as an electrical contractor, a 1 class A master electrician, or a class B master electrician. 2 Sec. 36. Section 103.10, Code 2017, is amended to read as 3 follows: 4 103.10 Class A master electrician license —— qualifications 5 —— class B master electrician license. 6 1. An applicant for a class A master electrician license 7 shall have at least one year’s experience, acceptable to the 8 board department , as a licensed class A or class B journeyman 9 electrician. 10 2. In addition, an applicant shall meet examination 11 criteria based upon the most recent national electrical code 12 adopted pursuant to section 103.6 and upon electrical theory, 13 as determined by the board department . 14 3. a. An applicant who can provide proof acceptable to 15 the board department that the applicant has been working in 16 the electrical business and involved in planning for, laying 17 out, supervising, and installing electrical wiring, apparatus, 18 or equipment for light, heat, and power since January 1, 1998, 19 and for a total of at least sixteen thousand hours, of which at 20 least eight thousand hours shall have been accumulated since 21 January 1, 1998, may be granted a class B master electrician 22 license without taking an examination. An applicant who is 23 issued a class B master electrician license pursuant to this 24 section shall not be authorized to plan, lay out, or supervise 25 the installation of electrical wiring, apparatus, and equipment 26 in a political subdivision which, prior to or after January 1, 27 2008, establishes licensing standards which preclude such work 28 by class B master electricians in the political subdivision. 29 The board department shall adopt rules establishing procedures 30 relating to the restriction of a class B master electrician 31 license pursuant to this subsection . 32 b. A class B master electrician may become licensed as 33 a class A master electrician upon successful passage of the 34 examination prescribed in subsection 2 . 35 -14- LSB 2657YC (3) 87 tr/nh 14/ 49

H.F. _____ 4. A person licensed to plan, lay out, or supervise the 1 installation of electrical wiring, apparatus, or equipment for 2 light, heat, power, and other purposes and supervise apprentice 3 electricians by a political subdivision preceding January 1, 4 2008, pursuant to a supervised written examination, and who 5 is currently engaged in the electrical contracting industry, 6 shall be issued an applicable statewide license corresponding 7 to that licensure as a class A master electrician or electrical 8 contractor. The board department shall adopt by rule certain 9 criteria for city examination standards satisfactory to fulfill 10 this requirement. 11 5. The board department may reject an application for 12 licensure under this section from an applicant who would be 13 subject to suspension, revocation, or reprimand pursuant to 14 section 103.35 . 15 Sec. 37. Section 103.10A, Code 2017, is amended to read as 16 follows: 17 103.10A Inactive master electrician license. 18 The board department may by rule create an inactive 19 master electrician license and establish a fee for such a 20 license. An applicant for an inactive master electrician 21 license shall, at a minimum, meet the requirements of this 22 chapter and requirements established by the board department 23 by rule for licensure as a class A master electrician or a 24 class B master electrician. A person licensed as an inactive 25 master electrician shall not be authorized to act as a master 26 electrician, but shall be authorized to apply for a class A 27 master electrician license or a class B master electrician 28 license at a future date subject to conditions and under 29 procedures established by the board department by rule. The 30 conditions and procedures shall include but not be limited 31 to completion of the required number of contact hours of 32 continuing education courses specified in section 103.18 , and 33 paying the applicable license fee specified in section 103.19 34 for a class A master electrician license or class B master 35 -15- LSB 2657YC (3) 87 tr/nh 15/ 49

H.F. _____ electrician license. 1 Sec. 38. Section 103.11, Code 2017, is amended to read as 2 follows: 3 103.11 Wiring or installing —— supervising apprentices —— 4 license required —— qualifications. 5 Except as provided in section 103.13 , no person shall, for 6 another, wire for or install electrical wiring, apparatus, 7 or equipment, or supervise an apprentice electrician or 8 unclassified person, unless the person is licensed by the 9 board department as an electrical contractor, a class A master 10 electrician, or a class B master electrician, or is licensed 11 as a class A journeyman electrician or a class B journeyman 12 electrician and is employed by an electrical contractor or is 13 working under the supervision of a class A master electrician 14 or a class B master electrician. 15 Sec. 39. Section 103.12, Code 2017, is amended to read as 16 follows: 17 103.12 Class A journeyman electrician license qualifications 18 —— class B journeyman electrician license. 19 1. An applicant for a class A journeyman electrician 20 license shall have successfully completed an apprenticeship 21 training program registered by the office of apprenticeship 22 of the United States department of labor in accordance with 23 the standards established by that department or shall have 24 received training or experience for a period of time and under 25 conditions as established by the board department by rule. 26 2. In addition, an applicant shall meet examination 27 criteria based upon the most recent national electrical code 28 adopted pursuant to section 103.6 and upon electrical theory, 29 as determined by the board department . 30 3. a. An applicant who can provide proof acceptable to 31 the board department that the applicant has been employed as a 32 journeyman electrician since January 1, 1998, and for a total 33 of at least sixteen thousand hours, of which at least eight 34 thousand hours shall have been accumulated since January 1, 35 -16- LSB 2657YC (3) 87 tr/nh 16/ 49

H.F. _____ 1998, may be granted a class B journeyman electrician license 1 without taking an examination. An applicant who is issued a 2 class B journeyman electrician license pursuant to this section 3 shall not be authorized to wire for or install electrical 4 wiring, apparatus, and equipment in a political subdivision 5 which, prior to or after January 1, 2008, establishes licensing 6 standards which preclude such work by class B journeyman 7 electricians in the political subdivision. The board 8 department shall adopt rules establishing procedures relating 9 to the restriction of a class B journeyman electrician license 10 pursuant to this subsection . 11 b. A class B journeyman electrician may become licensed as 12 a class A journeyman electrician upon successful passage of the 13 examination prescribed in subsection 2 . 14 4. A person licensed to wire for or install electrical 15 wiring, apparatus, or equipment or supervise an apprentice 16 electrician by a political subdivision preceding January 1, 17 2008, pursuant to a supervised written examination, and who is 18 currently engaged in the electrical contracting industry with 19 at least four years’ experience, shall be issued an applicable 20 statewide license corresponding to that licensure as a class 21 A journeyman electrician or a class B journeyman electrician. 22 The board department shall adopt by rule certain criteria 23 for city examination standards satisfactory to fulfill this 24 requirement. 25 5. The board department may reject an application for 26 licensure under this section from an applicant who would be 27 subject to suspension, revocation, or reprimand pursuant to 28 section 103.35 . 29 Sec. 40. Section 103.12A, Code 2017, is amended to read as 30 follows: 31 103.12A Residential electrician and residential master 32 electrician license —— qualifications. 33 1. The board department may by rule provide for the issuance 34 of a residential electrician license, and may by rule provide 35 -17- LSB 2657YC (3) 87 tr/nh 17/ 49

H.F. _____ for the issuance of a residential master electrician license. 1 a. A residential electrician license or residential master 2 electrician license, if established by the board department , 3 shall be issued to applicants who meet qualifications 4 determined by the board department , and shall be valid 5 for the performance of residential installations, subject 6 to limitations or restrictions established by the board 7 department . 8 b. A person who, on or after July 1, 2009, holds a special 9 electrician license authorizing residential electrical 10 installation, granted pursuant to section 103.13 , shall be 11 eligible for conversion of that special license to either 12 a residential electrician license or a residential master 13 electrician license, if established by the board department , in 14 accordance with requirements and procedures established by the 15 board department . 16 2. A person licensed by the board department as a class A 17 journeyman electrician or a class B journeyman electrician, 18 or as a class A master electrician or a class B master 19 electrician, shall not be required to hold a residential 20 electrician or residential master electrician license to 21 perform any type of residential installation authorized for a 22 person licensed pursuant to this section . 23 3. The board department may reject an application for 24 licensure under this section from an applicant who would be 25 subject to suspension, revocation, or reprimand pursuant to 26 section 103.35 . 27 Sec. 41. Section 103.13, subsections 1 and 3, Code 2017, are 28 amended to read as follows: 29 1. The board department shall by rule provide for the 30 issuance of special electrician licenses authorizing the 31 licensee to engage in a limited class or classes of electrical 32 work, which class or classes shall be specified on the license. 33 Each licensee shall have experience, acceptable to the board 34 department , in each such limited class of work for which the 35 -18- LSB 2657YC (3) 87 tr/nh 18/ 49