Senate File 2163 - Introduced SENATE FILE 2163 BY SINCLAIR , BROWN , and SCHULTZ A BILL FOR An Act relating to the regulation of professions, including 1 the granting of professional licenses, certificates, and 2 registrations to persons licensed in other states, the 3 sunset of boards granting professional licenses, and the 4 review of occupational licensing rules, and providing an 5 effective date. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5027XS (7) 88 ss/rh

S.F. 2163 DIVISION I 1 PROFESSIONAL RECIPROCITY 2 Section 1. NEW SECTION . 272C.12 Licensure of persons 3 licensed in other jurisdictions. 4 1. Notwithstanding any other provision of law, an 5 occupational or professional license, certificate, or 6 registration shall be issued without an examination to a person 7 who establishes residency in this state or to a person who is 8 married to an active duty member of the military forces of the 9 United States and who is accompanying the member on an official 10 permanent change of station to a military installation located 11 in this state if all of the following conditions are met: 12 a. The person is currently licensed, certified, or 13 registered in at least one other state in the occupation 14 or profession applied for at the same practice level and 15 with substantially equivalent licensure requirements, as 16 determined by the appropriate licensing board, and the license, 17 certificate, or registration is in good standing in all 18 states in which the person holds a license, certificate, or 19 registration. 20 b. The person has been licensed, certified, or registered in 21 another state for at least one year. 22 c. When the person became licensed, certified, or registered 23 in another state, the other state imposed minimum initial 24 education requirements and, if applicable, work experience and 25 clinical supervision requirements, and the other state verifies 26 that the person met those requirements in order to be licensed, 27 certified, or registered in that state. 28 d. The person previously passed an examination required by 29 the other state for licensure, certification, or registration, 30 if applicable. 31 e. The person has not had a license, certificate, or 32 registration revoked and has not voluntarily surrendered a 33 license, certificate, or registration in any other state or 34 country while under investigation for unprofessional conduct. 35 -1- LSB 5027XS (7) 88 ss/rh 1/ 17

S.F. 2163 f. The person has not had discipline imposed by any other 1 regulating entity in this state or another state or country. 2 If another jurisdiction has taken disciplinary action against 3 the person, the appropriate licensing board shall determine if 4 the cause for the action was corrected and the matter resolved. 5 If the licensing board determines that the matter has not been 6 resolved by the jurisdiction imposing discipline, the licensing 7 board shall not issue or deny a license, certificate, or 8 registration to the person until the matter is resolved. 9 g. The person does not have a complaint, allegation, or 10 investigation pending before any regulating entity in another 11 state or country that relates to unprofessional conduct. If 12 the person has any complaints, allegations, or investigations 13 pending, the appropriate licensing board shall not issue or 14 deny a license, certificate, or registration to the person 15 until the complaint, allegation, or investigation is resolved. 16 h. The person pays all applicable fees. 17 i. The person does not have a criminal history that would 18 prevent the person from holding the license, certificate, or 19 registration applied for in this state. 20 2. A person licensed pursuant to this section is subject to 21 the laws regulating the person’s practice in this state and is 22 subject to the jurisdiction of the appropriate licensing board. 23 3. This section does not apply to any of the following: 24 a. The ability of a licensing board to require the 25 submission of fingerprints or completion of a criminal history 26 check. 27 b. Criteria for a license, certificate, or registration that 28 is established by an interstate compact. 29 4. A license, certificate, or registration issued 30 pursuant to this section does not grant the person receiving 31 the license, certificate, or registration eligibility to 32 practice pursuant to an interstate compact. A licensing 33 board may determine eligibility for a person to hold a 34 license, certificate, or registration pursuant to this section 35 -2- LSB 5027XS (7) 88 ss/rh 2/ 17

S.F. 2163 regardless of the person’s eligibility to practice pursuant to 1 an interstate compact. 2 DIVISION II 3 SUNRISE AND SUNSET REVIEWS 4 Sec. 2. NEW SECTION . 4A.1 Definitions. 5 For the purposes of this chapter, unless the context 6 otherwise requires: 7 1. “Board” means the same as provided in section 272C.1, 8 subsection 6. 9 2. “Committee” means the occupational licensing advisory 10 committee established in section 4A.2. 11 3. “Sunset” means the termination of all activities of a 12 board. 13 Sec. 3. NEW SECTION . 4A.2 Occupational licensing advisory 14 committee established. 15 1. An occupational licensing advisory committee is 16 established which shall carry out the functions provided in 17 this chapter. 18 2. a. The committee shall consist of three members of the 19 senate appointed by the majority leader of the senate, two 20 members of the senate appointed by the minority leader of the 21 senate, three members of the house of representatives appointed 22 by the majority leader of the house of representatives, two 23 members of the house of representatives appointed by the 24 minority leader of the house of representatives, and three 25 members appointed by the governor who shall be subject to 26 confirmation by the senate as provided in section 2.32. 27 b. Notwithstanding section 2.32A, members shall be appointed 28 no later than the first day of the first regular session of 29 each general assembly and shall serve for terms ending upon 30 the convening of the following general assembly or when their 31 successors are appointed, whichever is later. A vacancy shall 32 be filled in the same manner as the original appointment 33 and shall be for the remainder of the unexpired term of the 34 vacancy. 35 -3- LSB 5027XS (7) 88 ss/rh 3/ 17

S.F. 2163 3. The committee shall elect a chairperson and vice 1 chairperson. The committee shall prescribe its rules of 2 procedure. 3 4. The members of the committee shall be reimbursed for 4 actual and necessary expenses incurred in the performance of 5 their duties and the legislative members shall be paid a per 6 diem as specified in section 2.10 for each day in which they 7 engaged in the performance of their duties. However, per diem 8 compensation and expenses shall not be paid when the general 9 assembly is actually in session at the seat of government. 10 Expenses and per diem shall be paid from funds appropriated 11 pursuant to section 2.12. 12 Sec. 4. NEW SECTION . 4A.3 Sunset schedule. 13 1. Each board shall sunset as provided in section 4A.6 on 14 the year provided in subsection 2. 15 2. a. In the year 2022: 16 (1) The board of medicine, created pursuant to chapter 147. 17 (2) The board of physician assistants, created pursuant to 18 chapter 147. 19 (3) The engineering and land surveying examining board, 20 created pursuant to chapter 542B. 21 (4) The board of examiners for shorthand reporters, created 22 pursuant to chapter 602. 23 (5) The architectural examining board, created pursuant to 24 chapter 544A. 25 (6) The landscape architectural examining board, created 26 pursuant to chapter 544B. 27 b. In the year 2023: 28 (1) The dental board, created pursuant to chapter 147. 29 (2) The board of barbering, created pursuant to chapter 147. 30 (3) The board of cosmetology arts and sciences, created 31 pursuant to chapter 147. 32 (4) The board of massage therapy, created pursuant to 33 chapter 147. 34 (5) The board of athletic training, created pursuant to 35 -4- LSB 5027XS (7) 88 ss/rh 4/ 17

S.F. 2163 chapter 152D. 1 (6) The board of physical and occupational therapy, created 2 pursuant to chapter 147. 3 c. In the year 2024: 4 (1) The board of nursing, created pursuant to chapter 147. 5 (2) The board of nursing home administrators, created 6 pursuant to chapter 147. 7 (3) The board of speech pathology and audiology, created 8 pursuant to chapter 147. 9 (4) The board of hearing aid specialists, created pursuant 10 to chapter 154A. 11 (5) The board of sign language interpreters and 12 transliterators, created pursuant to chapter 147. 13 (6) The board of respiratory care and polysomnography, 14 created pursuant to chapter 147. 15 d. In the year 2025: 16 (1) The board of pharmacy, created pursuant to chapter 147. 17 (2) The board of chiropractic, created pursuant to chapter 18 147. 19 (3) The board of optometry, created pursuant to chapter 147. 20 (4) The board of podiatry, created pursuant to chapter 147. 21 (5) The board of psychology, created pursuant to chapter 22 147. 23 e. In the year 2026: 24 (1) The Iowa board of veterinary medicine, created pursuant 25 to chapter 169. 26 (2) The Iowa accountancy examining board, created pursuant 27 to chapter 542. 28 (3) The Iowa real estate commission, created pursuant to 29 chapter 543B. 30 (4) The plumbing and mechanical systems board, created 31 pursuant to chapter 105. 32 (5) The department of public safety, but only with respect 33 to the licensing of fire protection system installers and 34 maintenance workers, pursuant to chapter 100D. 35 -5- LSB 5027XS (7) 88 ss/rh 5/ 17

S.F. 2163 Sec. 5. NEW SECTION . 4A.4 Sunset review —— duties of 1 committee. 2 1. By January 1 of the calendar year before the calendar 3 year in which a board is scheduled to sunset as provided in 4 section 4A.3, the committee shall perform a review of a board. 5 2. After reviewing a board, the committee shall do one of 6 the following: 7 a. Submit a bill for consideration by the general assembly, 8 under a procedure or rule permitting no amendments by either 9 house, except those of a purely corrective nature, extending 10 the sunset of the board by no more than ten years but no fewer 11 than five years. 12 b. Submit a bill for consideration by the general assembly, 13 under a procedure or rule permitting no amendments by either 14 house, except those of a purely corrective nature, extending 15 the sunset of the board by no more than ten years but no fewer 16 than five years, and making modifications to the board. 17 c. If the committee determines that a board should sunset, 18 submit a report to the general assembly with the committee’s 19 recommendation. 20 3. A report or bill issued pursuant to subsection 2 shall 21 be delivered to the speaker of the house of representatives 22 and the president of the Senate during the first week of 23 the legislative session and shall be publicly posted on the 24 internet site of the general assembly. 25 Sec. 6. NEW SECTION . 4A.5 Rights and duties not affected by 26 board sunset. 27 Unless otherwise expressly provided by law, the sunset of 28 a board does not affect the rights and duties that matured, 29 penalties incurred or imposed, civil or criminal liabilities 30 that arose, or proceedings initiated in connection with the 31 board before the effective date of the board’s sunset. 32 Sec. 7. NEW SECTION . 4A.6 Procedures for boards that sunset 33 —— continuing obligations. 34 1. a. A board that has sunset may continue in existence 35 -6- LSB 5027XS (7) 88 ss/rh 6/ 17

S.F. 2163 to conclude its business until July 1 of the fiscal year 1 following the fiscal year in which the board was sunset. 2 Unless otherwise provided by law, the sunset of a board does 3 not reduce or otherwise limit the powers and authority of the 4 board during the concluding year. 5 b. A board shall terminate all activities on or before the 6 date specified in paragraph “a” . Unless otherwise provided by 7 law, all rules adopted by the board shall be void on that date. 8 2. a. Any unobligated or unexpended appropriations of a 9 board that has sunset shall lapse and revert to the general 10 fund of the state on the date specified in paragraph “a” . 11 b. Except as provided by subsection 4 or as otherwise 12 provided by law, all moneys in a dedicated fund of a board that 13 has sunset shall be transferred to the general fund of the 14 state on the date specified in paragraph “a” . Any portion of 15 a law dedicating moneys to a specific fund of a board that is 16 sunset is void on the date specified in paragraph “a” . 17 3. Unless the governor designates an appropriate board as 18 described in subsection 4, the property and records in the 19 custody of a board that has sunset shall be transferred to the 20 department of administrative services on the date specified in 21 paragraph “a” . If the governor designates an appropriate board 22 as described in subsection 4, the property and records shall be 23 transferred to the designated board. 24 4. a. In recognition of the state’s continuing obligation 25 to pay all obligations, including lease, contract, and other 26 written obligations incurred by a board that has sunset, the 27 sunset of the board shall not impair or impede payment of 28 obligations, including lease, contract, and other written 29 obligations, in accordance with their terms. 30 b. If a board that has sunset has outstanding obligations, 31 including lease, contract, or other written obligations, all 32 such obligations remain valid and enforceable in accordance 33 with their terms and remain subject to all applicable terms 34 and conditions of the laws and proceedings authorizing the 35 -7- LSB 5027XS (7) 88 ss/rh 7/ 17

S.F. 2163 bonds and all other such obligations. The governor shall 1 designate an appropriate board to continue to carry out 2 all covenants contained in all such obligations, and the 3 proceedings authorizing them, and the performance of all 4 obligations necessary to complete the construction of projects 5 or the performance of the obligations. The designated board 6 shall provide payment from the sources of payment from all 7 other obligations in accordance with their terms, whether from 8 taxes, revenues, or otherwise. If the terms of the obligations 9 so provide, all funds established by law or proceedings 10 authorizing obligations shall remain with the treasurer of 11 state or previously designated trustees. If the terms of the 12 obligations do not provide that the funds remain with the 13 treasurer of state or previously designated trustees, the funds 14 shall be transferred to the designated board. 15 Sec. 8. NEW SECTION . 4A.7 Sunrise review —— occupational 16 licensing. 17 1. The committee shall review all introduced legislation 18 that creates a new occupational license, registration, or 19 certification, or alters any existing occupational license, 20 registration, or certification. 21 2. For each bill reviewed by the committee pursuant to 22 subsection 1, the committee shall determine whether the 23 regulation contained in the bill is the least restrictive means 24 necessary for the regulation of the occupation and is necessary 25 to ensure public safety. 26 3. The committee shall submit its findings pursuant 27 to subsection 2 to the relevant legislative committee in 28 the senate and the house of representatives as soon as is 29 practicable. 30 DIVISION III 31 OCCUPATIONAL LICENSING RULE REVIEW 32 Sec. 9. NEW SECTION . 4B.1 Short title. 33 This chapter shall be known and may be cited as the “Iowa 34 Right to Earn a Living Act” . 35 -8- LSB 5027XS (7) 88 ss/rh 8/ 17

S.F. 2163 Sec. 10. NEW SECTION . 4B.2 Legislative findings. 1 The general assembly finds and declares that the right 2 of individuals to pursue a chosen business, profession, 3 or occupation free from arbitrary or excessive government 4 interference, is a fundamental civil right; the freedom to 5 earn an honest living traditionally has provided the surest 6 means for economic mobility; in recent years, many regulations 7 of entry into businesses, professions, and occupations have 8 exceeded legitimate public purposes and have had the effect of 9 arbitrarily limiting entry and reducing competition; the burden 10 of excessive regulation is borne most heavily by individuals 11 outside the economic mainstream for whom opportunities for 12 economic advancement are curtailed; and it is in the public 13 interest to ensure the right of all individuals to pursue 14 legitimate entrepreneurial and professional opportunities 15 to the limits of their talents and ambition, to provide 16 the means for the vindication of this right, and to ensure 17 that regulations of entry into businesses, professions, and 18 occupations are demonstrably necessary and narrowly tailored to 19 legitimate health, safety, and welfare objectives. 20 Sec. 11. NEW SECTION . 4B.3 Definitions. 21 For the purposes of this chapter, unless the context 22 otherwise requires: 23 1. “Board” means the same as provided in section 272C.1, 24 subsection 6. 25 2. “Committee” means the occupational licensing advisory 26 committee established in section 4A.2. 27 3. “Entry regulation” means a rule adopted by a board 28 for the purpose of regulating an occupation, business, or 29 profession, including but not limited to a rule that creates 30 a license, registration, certificate, or any other similar 31 document for the purpose of entry into, or regulation of, any 32 occupation, business, or profession. 33 Sec. 12. NEW SECTION . 4B.4 Entry regulation review. 34 1. a. No later than December 31, 2020, each board shall 35 -9- LSB 5027XS (7) 88 ss/rh 9/ 17

S.F. 2163 submit a copy of all existing or pending entry regulations 1 pertaining to the board and an aggregate list of such entry 2 regulations to the chairpersons of the committee. The 3 committee shall conduct a review of such entry regulations and 4 may, at the committee’s discretion, conduct a hearing regarding 5 the entry regulations submitted by a board. The committee 6 shall issue a report regarding the committee’s findings to 7 the general assembly no later than the first week of the 2022 8 legislative session. 9 b. After December 1, 2020, prior to submitting a notice 10 of intended action to the administrative rules coordinator 11 and the administrative code editor pursuant to section 17A.4, 12 subsection 1, paragraph “a” , a board shall submit to the 13 chairpersons of the committee a copy of any entry regulation 14 proposed to be adopted by the board that was not included in 15 the board’s submission to the committee pursuant to paragraph 16 “a” . The committee shall meet at least monthly to review rules 17 submitted to the committee pursuant to this paragraph. 18 c. The chairpersons of the committee may request that a 19 board present a specific entry regulation to the committee for 20 review at a meeting of the committee pursuant to subsection 2. 21 d. The governor may request that the committee review, 22 at the committee’s discretion, a specific entry regulation 23 pursuant to subsection 2. 24 2. In conducting a review of an entry regulation, the 25 committee shall consider all of the following: 26 a. Whether the entry regulation is required by state or 27 federal law. 28 b. Whether the entry regulation is necessary to protect the 29 public health, safety, or welfare. 30 c. Whether the purpose or effect of the entry regulation is 31 to unnecessarily inhibit competition or arbitrarily deny entry 32 into a business, trade, profession, or occupation. 33 d. Whether the intended purpose of the entry regulation 34 could be accomplished by less restrictive or burdensome means. 35 -10- LSB 5027XS (7) 88 ss/rh 10/ 17

S.F. 2163 e. Whether the entry regulation is outside the scope of the 1 board’s statutory authority to adopt rules. 2 3. a. The committee may express the committee’s disapproval 3 of an entry regulation by voting, by a simple majority, to 4 request that the board amend the entry regulation or decline to 5 proceed with adoption of the entry regulation if the committee 6 finds that the entry regulation is not required by state or 7 federal law and any of the following after a review pursuant to 8 subsection 2: 9 (1) The entry regulation is unnecessary to protect the 10 public health, safety, or welfare. 11 (2) The entry regulation is for the purpose or has the 12 effect of unnecessarily inhibiting competition. 13 (3) The entry regulation arbitrarily denies entry into a 14 business, trade, profession, or occupation. 15 (4) The goal of the entry regulation could be accomplished 16 through less restrictive or burdensome means. 17 (5) The entry regulation is outside the scope of the board’s 18 statutory authority to adopt rules. 19 b. If the committee does not find cause to disapprove of an 20 entry regulation, the committee shall vote to approve the entry 21 regulation. 22 c. The board shall not submit a notice of intended action 23 pursuant to subsection 1, paragraph “b” , until the committee 24 has submitted notice of disapproval or approval of the entry 25 regulation. 26 4. Notice of disapproval or approval of an entry regulation 27 by the committee shall be posted publicly on the internet 28 site of the general assembly, transmitted to the board 29 seeking to adopt the entry regulation, and transmitted to the 30 administrative rules review committee. 31 5. a. If a board makes a substantial change to a proposed 32 entry regulation in response to a disapproval by the committee, 33 the board shall submit the revised rule to the committee for 34 review pursuant to this section prior to submission of a notice 35 -11- LSB 5027XS (7) 88 ss/rh 11/ 17

S.F. 2163 of intended action pursuant to subsection 1, paragraph “b” . 1 b. If a board declines to initiate compliance with a 2 recommendation of the committee issued pursuant to subsection 3 3 within ninety days of the issuance of the recommendation, or 4 fails to comply with the recommendation within a reasonable 5 period of time, the committee may vote to submit a bill to 6 the general assembly to suspend some or all of the rulemaking 7 authority of the board for a reasonable period of time. 8 Sec. 13. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to qualifications for holding professional 14 licenses in Iowa and the sunset of occupational licensing 15 boards. The bill is organized into divisions. 16 DIVISION I —— PROFESSIONAL RECIPROCITY. This division 17 relates to occupational or professional license, certificate, 18 or registration reciprocity in Iowa. The bill requires 19 that a professional or occupational license, certificate, or 20 registration be issued to a person without an examination if 21 1) that person establishes residency in Iowa or 2) that person 22 is married to an active duty member of the military forces and 23 is accompanying the member on an official permanent change of 24 station to a military installation in Iowa. 25 In order to receive a reciprocal license, certificate, 26 or registration under the bill, a person must meet certain 27 requirements. The person must be currently licensed, 28 certified, or registered in the occupation or profession 29 applied for at the same practice level with substantially 30 equivalent licensure requirements, as determined by the 31 appropriate board, in at least one other state, and in good 32 standing in all states in which the person is licensed, 33 certified, or registered; have been licensed, certified, or 34 registered in another state for at least one year; have met 35 -12- LSB 5027XS (7) 88 ss/rh 12/ 17

S.F. 2163 minimum educational and work requirements required by the 1 licensing state; have passed any applicable examination; not 2 have had a license, certificate, or registration revoked for 3 unprofessional conduct, or surrendered a license, certificate, 4 or registration while under investigation for such conduct; 5 not have been subject to professional discipline from a 6 regulating entity in any jurisdiction unless the appropriate 7 licensing board determines that the issue has been resolved; 8 not currently be subject to investigation for unprofessional 9 conduct; pay all applicable fees; and not have a disqualifying 10 criminal history. 11 A person who receives a reciprocal license, certificate, 12 or registration becomes subject to the laws regulating the 13 profession or occupation in Iowa and to the jurisdiction of 14 the appropriate licensing board regulating the profession or 15 occupation in Iowa. A licensing board may require an applicant 16 for a reciprocal license to submit fingerprints and may perform 17 a criminal history check. A reciprocal license does not grant 18 a person eligibility to practice pursuant an interstate compact 19 or affect the eligibility of a person to practice in Iowa under 20 an interstate compact. 21 DIVISION II —— SUNRISE AND SUNSET REVIEWS. This division 22 relates to the review of licensing boards in Code chapter 23 272C. The bill establishes the occupational licensing advisory 24 committee (committee), to consist of three members of the 25 senate appointed by the majority leader of the senate, two 26 members of the senate appointed by the minority leader of the 27 senate, three members of the house of representatives appointed 28 by the majority leader of the house of representatives, two 29 members of the house of representatives appointed by the 30 minority leader of the house of representatives, and three 31 members appointed by the governor who shall be subject to 32 confirmation by the senate. 33 The bill creates a schedule for the automatic sunset of five 34 to six professional licensing boards every year beginning in 35 -13- LSB 5027XS (7) 88 ss/rh 13/ 17

S.F. 2163 2022 and ending in 2026. The bill defines “sunset” as the 1 termination of all activities of a board. 2 The sunset of a board does not affect the rights and duties 3 that matured, penalties incurred or imposed, civil or criminal 4 liabilities that arose, or proceedings initiated in connection 5 with the board before the effective date of the board’s sunset, 6 unless otherwise expressly provided by law. 7 The bill authorizes a board that has sunset to continue in 8 existence to conclude its business until July 1 of the fiscal 9 year following the fiscal year in which the board was sunset. 10 Unless otherwise provided by law, the sunset of a board does 11 not reduce or otherwise limit the powers and authority of 12 the board during the concluding year. The bill requires the 13 board to terminate all activities on or before that date, 14 and provides that all rules adopted by the board shall be 15 void on that date. The bill provides that any unobligated or 16 unexpended appropriations of a board that has sunset shall 17 lapse and revert to the general fund of the state on that date. 18 The bill provides that all moneys in a dedicated fund of a 19 board that has sunset shall be transferred to the general fund 20 of the state on July 1 of the fiscal year following the fiscal 21 year in which the board was sunset, except as provided in the 22 bill or as otherwise provided by law. Any portion of a law 23 dedicating moneys to a specific fund of a board that has sunset 24 is void on that date. 25 The bill provides that the property and records in the 26 custody of a board that has sunset shall be transferred to 27 the department of administrative services on July 1 of the 28 fiscal year following the fiscal year in which the board was 29 sunset unless the governor designates an appropriate board as 30 described in the bill. 31 The bill provides that the sunset of a board shall not 32 impair or impede payment of bonded indebtedness and all 33 other obligations, including lease, contract, and other 34 written obligations, in accordance with their terms. If a 35 -14- LSB 5027XS (7) 88 ss/rh 14/ 17

S.F. 2163 board that has sunset has outstanding bonded indebtedness or 1 other outstanding obligations, the bonds and all other such 2 obligations remain valid and enforceable in accordance with 3 their terms and subject to all applicable terms and conditions 4 of the laws and proceedings authorizing the bonds and all other 5 such obligations. The bill requires the governor to designate 6 an appropriate board to continue to carry out all covenants 7 contained in the bonds and all other such obligations, and to 8 perform all other such obligations to complete the construction 9 of projects or perform other such obligations. The bill 10 provides procedures for a designated board to carry out those 11 duties. 12 The bill requires the occupational licensing advisory 13 committee to review each board by January 1 in the calendar 14 year before the year in which the board is scheduled to sunset. 15 After performing this review, the committee shall either submit 16 a report detailing the committee’s determination that the board 17 should sunset or submit a bill not subject to amendment on the 18 floor that extends the sunset of the board by no more than 19 ten years but no fewer than five years, which may also make 20 changes to the board. The bill requires reports and bills 21 issued by the committee to be posted on the internet site of 22 the general assembly and to be sent to the speaker of the house 23 of representatives and the president of the senate, and shall 24 be publicly posted on the general assembly’s internet site. 25 The bill also requires the committee to review all 26 introduced legislation that creates a new occupational license, 27 registration, or certification or that alters any existing 28 occupational license, registration, or certification. The 29 committee shall review such legislation to determine whether 30 the regulation contained in the legislation is the least 31 restrictive means possible for accomplishing the goal of the 32 legislation and to forward the findings of the committee to the 33 relevant legislative committee as soon as is practicable. 34 DIVISION III —— OCCUPATIONAL LICENSING RULE REVIEW. This 35 -15- LSB 5027XS (7) 88 ss/rh 15/ 17

S.F. 2163 division relates to the review of rules governing the practice 1 of occupations. The bill establishes a new Code chapter to be 2 known as the “Iowa Right to Earn a Living Act”. 3 The bill requires each board to submit a copy of all of 4 the board’s current and pending entry regulations, which the 5 bill defines as rules adopted for the purpose of regulating 6 an occupational or professional group, to the occupational 7 licensing advisory committee by December 31, 2020. The 8 committee shall review all such entry regulations and submit 9 a report to the general assembly by the first week of the 2022 10 legislative session. 11 After December 1, 2020, the bill requires each board to 12 submit a proposed entry regulation to the committee prior to 13 submitting a notice of intended action to the administrative 14 rules coordinator and the Iowa administrative code editor. The 15 committee shall meet at least monthly to review such entry 16 regulations. In addition, the bill allows the chairpersons of 17 the committee to request a board to submit an entry regulation 18 for review and the governor to request that the committee, 19 at the committee’s discretion, review a particular entry 20 regulation. 21 In conducting a review of an entry regulation, the bill 22 requires the committee to consider whether the entry regulation 23 is required by law; is necessary to protect the public health, 24 safety, or welfare; unnecessarily inhibits competition 25 or restricts entry into a business, trade, profession, or 26 occupation; is the least restrictive or burdensome means to 27 accomplish the goal; or is outside the scope of the board’s 28 statutory authority. If the committee finds that the entry 29 regulation is not required by law and is also otherwise 30 deficient as provided by the bill, the committee may disapprove 31 of the entry regulation and request that the board either 32 amend the proposed entry regulation or decline to proceed with 33 adoption of the entry regulation. The bill requires notice of 34 disapproval to be posted publicly on the general assembly’s 35 -16- LSB 5027XS (7) 88 ss/rh 16/ 17

S.F. 2163 internet site, transmitted to the board seeking to adopt the 1 entry regulation, and transmitted to the administrative rules 2 review committee. The bill prohibits a board from submitting 3 a notice of intended action until it has received approval or 4 disapproval from the committee. 5 If a board makes substantial changes to a proposed entry 6 regulation, the board shall resubmit the proposed entry 7 regulation to the committee for review. If the board chooses 8 not to respond to the committee’s recommendations, the board 9 may continue with the rulemaking process. The bill allows the 10 committee to vote to submit a bill to the general assembly to 11 suspend the rulemaking authority of a board that declines to 12 comply with recommendations of the committee. 13 The division takes effect upon enactment. 14 -17- LSB 5027XS (7) 88 ss/rh 17/ 17