House Study Bill 90 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON HIGHFILL) A BILL FOR An Act relating to professional regulations and assessment of 1 fees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2019HC (6) 87 tr/nh
H.F. _____ Section 1. NEW SECTION . 7E.4A Professional regulations and 1 fees. 2 1. An administrative unit shall not assess a fee or impose a 3 regulation on a person practicing or engaged in a profession if 4 the administrative unit is not required under the laws of this 5 state to regulate the practice of the profession. 6 2. a. An administrative unit that regulates a profession 7 shall not impose or adopt a regulation governing a person 8 practicing or engaged in a profession in addition to those 9 regulations imposed or adopted prior to July 1, 2017. 10 b. An administrative unit that regulates a profession shall 11 not assess any fee against a person practicing or engaged 12 in the profession which is in addition to the fees assessed 13 against such a person prior to July 1, 2017. 14 3. An administrative unit that regulates a profession shall 15 not assess a fee in excess of twenty-five dollars. 16 4. a. An administrative unit that regulates a profession 17 shall, upon application by any of the following persons, waive 18 a fee imposed by the administrative unit: 19 (1) (a) Persons assigned to federal active duty and 20 spouses of those persons, veterans discharged under honorable 21 conditions and spouses of those veterans, and surviving spouses 22 of deceased veterans who never remarried. 23 (b) For purposes of this subparagraph (1): 24 (i) “Federal active duty” means the same as defined in 25 section 29A.1. 26 (ii) “Veteran” means the same as defined in section 35.1. 27 (2) Persons whose household adjusted gross income is below 28 one hundred thirty percent of the federal poverty level. 29 (3) Recipients of any state or federal public assistance 30 benefits. 31 b. Upon receipt of a waiver application, the administrative 32 unit that regulates a profession shall process the application 33 and notify the applicant of the result within thirty days. 34 c. Each administrative unit that regulates a profession 35 -1- LSB 2019HC (6) 87 tr/nh 1/ 3
H.F. _____ shall adopt rules pursuant to chapter 17A to implement this 1 subsection. 2 5. a. A person who submits an application to an 3 administrative unit that regulates a profession to practice 4 that profession and holds a current license to practice that 5 profession in another jurisdiction shall receive, within thirty 6 days of receipt of the application by the administrative unit, 7 full authorization to practice that profession in this state, 8 provided all of the person’s licenses in other jurisdictions 9 are in good standing with the administrative unit in that 10 jurisdiction. 11 b. Each administrative unit that regulates a profession 12 shall adopt rules pursuant to chapter 17A to implement this 13 subsection. 14 6. An administrative unit that regulates a profession 15 shall not assess a fee or impose a regulation on a resident 16 of this state who does business in this state if the resident 17 is assessed and paid a fee or required to obtain a license, 18 certificate, or other permission to practice that profession by 19 an administrative unit in another jurisdiction. 20 7. For purposes of this section, “administrative unit that 21 regulates a profession” means any executive branch agency, 22 board, commission, or department that licenses, certifies, 23 registers, or otherwise regulates a person who practices or 24 engages in a profession. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill prohibits any administrative unit from assessing 29 fees or imposing regulations on persons practicing or engaged 30 in a profession that the administrative unit does not regulate. 31 The bill prohibits any administrative unit that regulates a 32 profession from imposing regulations on persons practicing 33 or engaged in the profession in addition to those imposed 34 or adopted prior to July 1, 2017. The bill prohibits these 35 -2- LSB 2019HC (6) 87 tr/nh 2/ 3
H.F. _____ administrative units from assessing fees other than those 1 already assessed prior to July 1, 2017, and limits all existing 2 fees to $25. 3 An “administrative unit that regulates a profession” is any 4 executive branch agency, board, commission, or department that 5 licenses, certifies, registers, or otherwise regulates a person 6 who practices or engages in a profession. 7 The bill allows persons assigned to federal active duty and 8 spouses of those persons, veterans discharged under honorable 9 conditions and spouses of those veterans, surviving spouses of 10 deceased veterans who never remarried, persons whose household 11 adjusted gross income is below 130 percent of the federal 12 poverty level, and recipients of any state or federal public 13 assistance benefits to apply for and be granted a waiver by an 14 administrative unit regarding all assessed fees. 15 The bill provides that a person who submits an application to 16 an administrative unit that regulates a profession to practice 17 that profession and holds a current license to practice that 18 profession in another jurisdiction shall receive, within 30 19 days of receipt of the application by the administrative unit, 20 full authorization to practice that profession in this state, 21 provided all of the person’s licenses in other jurisdictions 22 are in good standing with the administrative unit in that 23 jurisdiction. 24 An administrative unit that regulates a profession shall 25 not assess a fee or impose a regulation upon a resident of 26 this state who does business in this state if the resident is 27 assessed and paid a fee or is required to obtain a license, 28 certificate, or other permission to practice the profession by 29 an administrative unit in another jurisdiction. 30 The bill directs each administrative unit that regulates 31 a profession to adopt rules regarding the fee waiver and 32 out-of-state license qualification provisions. 33 -3- LSB 2019HC (6) 87 tr/nh 3/ 3