Senate Study Bill 3142 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act relating to the operation of state government, 1 including the review and sunset of state boards and 2 agencies, the regulation of professions and occupations, 3 and investigations conducted by state boards, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5335XC (8) 88 ss/rh

S.F. _____ DIVISION I 1 REGULATION OF PROFESSIONS 2 Section 1. NEW SECTION . 272C.12 Definitions. 3 For the purposes of this subchapter: 4 1. “Health profession board” means an entity regulating, 5 licensing, or certifying a profession regulated pursuant to 6 Title IV, subtitle 3. 7 2. “Nonhealth profession” means a profession regulated by 8 this state other than provided in Title IV, subtitle 3. 9 3. “Regulated health profession” means a profession 10 regulated pursuant to Title IV, subtitle 3. 11 4. “Unregulated health profession” means a profession 12 pursuant to Title IV, subtitle 3, that is not currently 13 regulated by any entity of this state. 14 5. “Unregulated nonhealth profession” means a profession 15 that is not currently regulated by any entity of this state 16 that is not an unregulated health profession. 17 Sec. 2. NEW SECTION . 272C.13 Regulation of unregulated 18 health professions. 19 1. An unregulated health profession shall not be subject 20 to regulation by any entity of this state for the purpose of 21 prohibiting competition but only for the exclusive purpose of 22 protecting the public interest. All proposed legislation to 23 regulate an unregulated health profession shall be reviewed by 24 the general assembly to determine that all of the following 25 conditions are met: 26 a. There is credible evidence that the unregulated 27 practice of the unregulated health profession will clearly 28 harm or endanger the public health, safety, or welfare and the 29 potential for harm is easily recognizable and not remote. 30 b. The public needs and can reasonably be expected 31 to benefit from an assurance of initial and continuing 32 professional ability. 33 c. The public cannot be effectively protected by other means 34 in a more cost-efficient manner. 35 -1- LSB 5335XC (8) 88 ss/rh 1/ 37

S.F. _____ 2. Prior to considering proposed legislation to regulate an 1 unregulated health profession for passage to the floor of the 2 senate or the house of representatives, a legislative committee 3 to which proposed legislation to regulate an unregulated 4 health profession has been referred shall consider whether the 5 conditions in subsection 1 have been met. If the committee 6 finds that the conditions in subsection 1 have been met, the 7 committee shall consider whether the legislation is the least 8 restrictive method of regulation to address the specific harm 9 or danger identified in this subsection. 10 a. If existing common law and statutory civil actions and 11 criminal prohibitions are not sufficient to eradicate existing 12 harm, the legislation shall provide for stricter civil actions 13 and criminal prohibitions. 14 b. If a service is being performed for individuals that 15 involves a hazard to the public health, safety, or welfare, the 16 legislation shall impose inspection requirements and enable an 17 appropriate state entity to respond to a violation by seeking 18 injunctive relief in court. 19 c. If the threat to the public health, safety, or welfare 20 is relatively small as a result of the operation of the 21 unregulated health profession, the legislation shall implement 22 a system of registration. 23 d. If a consumer may have a substantial basis for relying 24 on the services of a practitioner of an unregulated health 25 profession, the legislation shall implement a system of 26 certification. 27 e. If the legislative committee determines that adequate 28 regulation cannot be achieved by means other than licensing, 29 the legislation shall implement a system of licensing. 30 3. The legislative committee shall submit its findings 31 regarding whether the proposed legislation meets the conditions 32 in subsections 1 and 2 to the president of the senate and the 33 speaker of the house of representatives, who shall make the 34 findings available to each member of the general assembly. 35 -2- LSB 5335XC (8) 88 ss/rh 2/ 37

S.F. _____ Sec. 3. NEW SECTION . 272C.14 Proposed regulation of 1 unregulated health professions —— written reports. 2 1. A member of the general assembly introducing proposed 3 legislation to regulate an unregulated health profession 4 shall submit with the legislation a report addressing the 5 requirements contained in subsection 2. The report shall be 6 submitted to the president of the senate and the speaker of the 7 house of representatives and made available on the internet 8 site of the general assembly. 9 2. The report shall address all of the following and 10 identify the source of all information contained in the report: 11 a. Why regulation is necessary including all of the 12 following: 13 (1) The nature of the potential harm to the public if the 14 unregulated health profession is not regulated and the extent 15 to which there is a threat to the public health, safety, or 16 welfare. 17 (2) The extent to which consumers need and will benefit 18 from a method of regulation, including the identification 19 of competent practitioners and typical employers in the 20 profession. 21 (3) The extent of autonomy a practitioner has, as indicated 22 by the extent to which the profession calls for the exercise 23 of independent judgment and the extent to which a practitioner 24 is supervised. 25 b. The efforts made to address the problem addressed by the 26 legislation including all of the following: 27 (1) Voluntary efforts, if any, undertaken by members of the 28 profession. 29 (2) Recourse to, and the extent of use of, applicable law 30 and whether the law could be amended to control the problem. 31 c. The alternatives considered including all of the 32 following: 33 (1) Regulation of business employers or practitioners 34 rather than employee practitioners. 35 -3- LSB 5335XC (8) 88 ss/rh 3/ 37

S.F. _____ (2) Regulation of the program or service rather than 1 individual practitioners. 2 (3) Registration of all practitioners. 3 (4) Certification of all practitioners. 4 (5) Other viable alternatives. 5 (6) If licensing is sought, why licensing would serve to 6 protect the public interest. 7 d. The benefit to the public if regulation is granted 8 including all of the following: 9 (1) The extent to which the incidence of specific problems 10 present in the unregulated health profession can reasonably be 11 expected to be reduced by regulation. 12 (2) Whether the public can identify qualified 13 practitioners. 14 (3) The extent to which the public can be confident that 15 qualified practitioners are competent including all of the 16 following: 17 (a) The composition, powers, duties, and practices of the 18 proposed regulatory entity. 19 (b) Whether current practitioners of an unregulated health 20 profession will be allowed to continue to practice and whether 21 they will be required to meet the qualifications for the 22 regulated health profession. 23 (c) The nature of the standards proposed for registration, 24 certification, or licensure as compared with the standards in 25 other jurisdictions. 26 (d) Whether the proposed regulatory entity would be 27 authorized to enter into reciprocity agreements with other 28 jurisdictions. 29 (e) The nature and duration of any training and experience 30 required, whether applicants will be required to pass an 31 examination, and whether there will be alternative methods to 32 enter the health profession. 33 (4) Assurances from the public that practitioners have 34 maintained their competence including all of the following: 35 -4- LSB 5335XC (8) 88 ss/rh 4/ 37

S.F. _____ (a) Whether a registration, certificate, or license will 1 include an expiration date. 2 (b) Whether the renewal of a registration, certificate, 3 or license will be based only on payment of a fee or whether 4 renewal will involve reexamination, peer review, or other 5 enforcement. 6 e. The extent to which regulation might harm the public 7 including all of the following: 8 (1) The extent to which regulation will restrict entry into 9 the profession including all of the following: 10 (a) Whether the proposed standards are more restrictive 11 than necessary to ensure a practitioner’s safe and effective 12 performance in the practice of the profession. 13 (b) Whether the proposed legislation requires registered, 14 certified, or licensed practitioners in other jurisdictions 15 who relocate to this state to qualify in the same manner as 16 other applicants if the other jurisdiction has substantially 17 equivalent requirements for registration, certification, or 18 licensure. 19 (2) Whether there are professions similar to the 20 unregulated health profession that should be included in, or 21 portions of the unregulated health profession that should be 22 excluded from, the proposed legislation. 23 f. The maintenance of professional standards including all 24 of the following: 25 (1) Whether effective quality assurance standards exist 26 in the profession such as legal requirements associated with 27 specific programs that define or enforce standards or a code 28 of ethics. 29 (2) How the proposed legislation will ensure quality, 30 including whether a code of ethics will be adopted and the 31 grounds for suspension or revocation of a registration, 32 certificate, or license. 33 g. A description of the group proposed for regulation, 34 including a list of associations, organizations, and other 35 -5- LSB 5335XC (8) 88 ss/rh 5/ 37

S.F. _____ professional groups representing practitioners in this state, 1 an estimate of the number of practitioners in each professional 2 group, and whether the professional groups represent different 3 levels of practice. 4 h. The expected costs of regulation, including the impact of 5 costs on the public and costs imposed on this state. 6 Sec. 4. NEW SECTION . 272C.15 Proposed increased regulation 7 of regulated health professions —— written reports. 8 1. A member of the general assembly introducing proposed 9 legislation to expand the scope of practice of a regulated 10 health profession shall submit with the legislation a report 11 addressing the requirements contained in subsection 2. The 12 report shall be submitted to the president of the senate and 13 the speaker of the house of representatives and made available 14 on the internet site of the general assembly. 15 2. The report shall address all of the following and 16 identify the source of all information contained in the report: 17 a. Why an expanded scope of practice for the regulated 18 health profession is beneficial, including the extent to which 19 health care consumers need and will benefit from safe, quality 20 health care from practitioners within the expanded scope of 21 practice. 22 b. Whether expanding the scope of practice of practitioners 23 in the regulated health profession will require practitioners 24 to have didactic and clinical education from accredited 25 professional schools or training from recognized programs that 26 prepare them to perform within the proposed expanded scope of 27 practice, and specific educational or training requirements for 28 that proposed expanded scope of practice. 29 c. Whether the subject matter of the proposed expanded scope 30 of practice is currently tested by nationally recognized and 31 accepted examinations for applicants for professional licensure 32 and the details of the examination relating to the expanded 33 scope of practice. 34 d. The extent to which the proposed expanded scope 35 -6- LSB 5335XC (8) 88 ss/rh 6/ 37

S.F. _____ of practice will impact the practice of practitioners 1 currently licensed in this state or the entry into practice 2 of practitioners who have relocated from other states with 3 substantially equivalent requirements for registration, 4 certification, or licensure in this state. 5 e. The extent to which implementing the proposed expanded 6 scope of practice may result in savings or a cost to this state 7 and to the public. 8 f. The relevant regulated health profession licensure laws, 9 if any, in this state and other states. 10 g. Recommendations, if any, the applicable regulatory entity 11 or entities, the department of public health, and accredited 12 educational or training programs. 13 3. a. Prior to considering proposed legislation to 14 expand the scope of practice of a regulated health profession 15 for passage to the floor of the senate or the house of 16 representatives, a legislative committee to which proposed 17 legislation has been referred shall consider all of the 18 following: 19 (1) Whether the expansion of a regulated health 20 profession’s scope of practice is only for the purpose of 21 protecting the public from a specific harm or danger. 22 (2) Whether the addition of adequately trained 23 practitioners providing an expanded range of health care 24 services will have a beneficial effect on the public and 25 increase access to safe, quality health care. 26 (3) Whether any changes in the entity regulating the 27 regulated health profession are necessary to protect the 28 public. 29 b. The legislative committee shall not consider competition 30 with or from other regulated health professions or whether a 31 practitioner will be able to obtain health insurance coverage 32 for the proposed expanded scope of practice. 33 Sec. 5. NEW SECTION . 272C.16 Continuing education 34 requirements —— evidence of efficacy. 35 -7- LSB 5335XC (8) 88 ss/rh 7/ 37

S.F. _____ A member of the general assembly introducing proposed 1 legislation to impose or increase a continuing education 2 requirement on a regulated health profession shall submit with 3 the legislation evidence that such a requirement has proven 4 effective for the health profession. The evidence shall be 5 submitted to the president of the senate and the speaker of the 6 house of representatives and made available on the internet 7 site of the general assembly. 8 Sec. 6. NEW SECTION . 272C.17 Regulation of unregulated 9 nonhealth professions. 10 1. An unregulated nonhealth profession shall not be 11 regulated except for the exclusive purpose of protecting the 12 public interest. All proposed legislation to regulate an 13 unregulated nonhealth profession shall be reviewed by the 14 legislative committee to which the proposed legislation is 15 referred to ensure that all of the following requirements are 16 met: 17 a. The unregulated practice of the nonhealth profession can 18 clearly harm the public health, safety, or welfare. 19 b. The actual or anticipated public benefit of the 20 regulation clearly exceeds the costs imposed by the regulation 21 on consumers, businesses, and individuals. 22 c. The public needs and can reasonably be expected 23 to benefit from an assurance of initial and continuing 24 professional ability. 25 d. The public cannot be effectively protected by private 26 certification or other alternatives. 27 2. If a legislative committee finds that the proposed 28 legislation satisfies the conditions in subsection 1, the 29 committee shall examine data from multiple sources and shall 30 consider evidence of actual harm to the public related to 31 the unregulated nonhealth profession being considered for 32 regulation. The evidence may include industry association 33 data; federal, state, and local government data; business 34 reports; complaints to law enforcement, relevant state 35 -8- LSB 5335XC (8) 88 ss/rh 8/ 37

S.F. _____ agencies, and the better business bureau; and data from 1 agencies in other states with and without similar systems of 2 regulation. 3 3. If, after consideration of evidence pursuant to 4 subsection 2, the legislative committee finds that it is 5 necessary to regulate an unregulated nonhealth profession, the 6 committee shall review the proposed legislation to determine 7 whether it is the least restrictive regulation necessary and 8 whether the regulation protects a discrete interest group from 9 economic competition. 10 4. The legislative committee shall submit its findings 11 regarding whether the proposed legislation meets the 12 requirements of subsections 1, 2, and 3 to the president of the 13 senate and the speaker of the house of representatives, who 14 shall make the findings available to each member of the general 15 assembly. 16 Sec. 7. NEW SECTION . 272C.18 Proposed regulation of 17 unregulated nonhealth professions —— written reports. 18 1. A member of the general assembly introducing legislation 19 to regulate an unregulated nonhealth profession shall submit 20 with the legislation a report addressing the requirements 21 contained in subsection 2. The report shall be submitted to 22 the president of the senate and the speaker of the house of 23 representatives and made available on the internet site of the 24 general assembly. 25 2. The report shall address all of the following and 26 identify the source of all information contained in the report: 27 a. Why regulation is necessary including what particular 28 problem regulation would address. 29 b. The efforts made to address the problem. 30 c. The alternatives considered. 31 d. The benefit to the public of regulating the profession. 32 e. The extent to which regulation might harm the public. 33 f. The maintenance of professional standards including all 34 of the following: 35 -9- LSB 5335XC (8) 88 ss/rh 9/ 37

S.F. _____ (1) Whether effective quality assurance standards exist 1 in the profession such as legal requirements associated with 2 specific programs that define or enforce standards or a code 3 of ethics. 4 (2) How the proposed legislation will assure quality 5 including the extent to which a code of ethics will be 6 adopted and the grounds for the suspension or revocation of a 7 registration, certificate, or license. 8 g. A description of the profession proposed for regulation, 9 including a list of associations, organizations, and other 10 professional groups representing practitioners in this state, 11 an estimate of the number of practitioners in each profession, 12 and whether the professional groups represent different levels 13 of practice. 14 h. The expected costs of regulation, including the impact of 15 costs on the public and costs imposed on this state. 16 DIVISION II 17 STATE BOARD AND AGENCY SUNSET —— SCHEDULE —— REVIEW 18 Sec. 8. NEW SECTION . 4A.1 Short title. 19 This chapter shall be known as and may be cited as the “Iowa 20 Occupational Sunset Act” . 21 Sec. 9. NEW SECTION . 4A.2 Definitions. 22 As used in this chapter, unless the context otherwise 23 requires: 24 1. “Board” means any department, commission, institution, 25 bureau, office, or other agency of the executive branch that 26 issues a license in Iowa. 27 2. “Board review criteria” means the criteria required to be 28 considered under section 4A.5. 29 3. “Committee” means the sunset advisory committee created 30 pursuant to section 4A.3. 31 4. “Sunset” means the termination of all activities of a 32 board. 33 5. “Sunset review” means the process of review of a board by 34 the committee pursuant to section 4A.5. 35 -10- LSB 5335XC (8) 88 ss/rh 10/ 37

S.F. _____ Sec. 10. NEW SECTION . 4A.3 Sunset advisory committee 1 established. 2 1. A sunset advisory committee is established which shall 3 carry out the functions provided in this chapter and in chapter 4 4B. 5 2. a. The committee shall consist of three members of the 6 senate appointed by the majority leader of the senate, two 7 members of the senate appointed by the minority leader of the 8 senate, three members of the house of representatives appointed 9 by the speaker of the house of representatives, two members of 10 the house of representatives appointed by the minority leader 11 of the house of representatives, and one ex officio, nonvoting 12 member appointed by the governor. 13 b. Notwithstanding section 2.32A, members shall be appointed 14 no later than the first day of the first regular session of 15 each general assembly and shall serve for terms ending upon 16 the convening of the following general assembly or when their 17 successors are appointed, whichever is later. A vacancy shall 18 be filled in the same manner as the original appointment 19 and shall be for the remainder of the unexpired term of the 20 vacancy. 21 3. The committee shall elect a chairperson and vice 22 chairperson. The committee shall prescribe its rules of 23 procedure. 24 4. The members of the committee shall be reimbursed for 25 actual and necessary expenses incurred in the performance 26 of their duties and shall be paid a per diem as specified 27 in section 2.10 for each day in which they engaged in the 28 performance of their duties. However, per diem compensation 29 and expenses shall not be paid when the general assembly is 30 actually in session at the seat of government. Expenses and 31 per diem shall be paid from funds appropriated pursuant to 32 section 2.12. 33 5. Administrative assistance shall be provided by the 34 legislative services agency and by staff of each caucus of the 35 -11- LSB 5335XC (8) 88 ss/rh 11/ 37

S.F. _____ general assembly. 1 Sec. 11. NEW SECTION . 4A.4 Sunset of boards. 2 1. A board shall be scheduled to sunset on December 31 3 of the fifth calendar year after the date the board was 4 created or last renewed, or on December 31, 2026, whichever 5 is later, subject to a review pursuant to section 4A.5, 6 and on December 31 every five calendar years thereafter if 7 renewed, and if not renewed, a board shall sunset on June 30 8 of the following calendar year after the board is scheduled 9 to sunset. The sunset of a board under this subsection shall 10 allow an individual to engage in a profession, occupation, or 11 occupational activity previously licensed by the board without 12 a license, notwithstanding any law requiring an individual to 13 possess a license to engage in that profession, occupation, or 14 occupational activity. 15 2. The treasurer of state shall not authorize the 16 expenditure of any moneys for a board on or after the date of 17 a board’s sunset. 18 3. The procedure for a board that has sunset shall be 19 the same as provided for the sunset of an agency pursuant to 20 section 4B.6. 21 4. A board may be renewed by the enactment of a law that 22 continues the statutes creating, empowering, governing, or 23 regulating the board. The amendment of a statute creating, 24 empowering, governing, or regulating a board from the time the 25 board was last reviewed pursuant to section 4A.5 and the time 26 the board is next scheduled to be reviewed shall not change the 27 next scheduled review date of the board unless the amendment 28 expressly so provides. 29 5. Notwithstanding subsections 1 through 3, a board that 30 performs functions other than licensure or regulation that 31 sunsets pursuant to subsections 1 through 3 shall continue in 32 existence and shall continue to perform a board’s functions, 33 and shall continue to receive funds designated for the board 34 by law. 35 -12- LSB 5335XC (8) 88 ss/rh 12/ 37

S.F. _____ Sec. 12. NEW SECTION . 4A.5 Sunset reviews. 1 1. Prior to the date on which a board is scheduled to 2 sunset, the committee shall review the usefulness, performance, 3 and efficacy of the board. The committee shall hold hearings 4 to receive the testimony of the public and of the chief 5 executive officer of the board. After completing a review, the 6 committee shall prepare and publish a report of its findings 7 and recommendations as provided in section 4A.6. 8 2. The legislative services agency shall establish a 9 schedule for the committee to review each board such that the 10 committee reviews approximately one-fifth of all boards each 11 calendar year and each board has been reviewed once between 12 the calendar years 2021 and 2026, and in each five-year period 13 after the date a board has been renewed. The committee may 14 modify the schedule as necessary to facilitate the efficient 15 administration of the committee, but in no case shall more than 16 five calendar years pass before a board is subject to a sunset 17 review. 18 3. A board that is scheduled for review shall submit a 19 report to the committee prior to the date that it is scheduled 20 for review that includes all of the following information: 21 a. The board’s primary purpose and its goals and objectives. 22 b. The board’s past and anticipated workload, the number of 23 staff required to complete that workload, and the board’s total 24 number of staff. 25 c. The board’s past and anticipated budgets and its sources 26 of funding. 27 d. The number of members that compose the governing board or 28 other governing entity of the board and member compensation, 29 if any. 30 4. A board subject to review shall bear the burden of 31 demonstrating to the committee a public need for its continued 32 existence. In determining whether a board has met that 33 burden, the committee shall consider all of the following, as 34 applicable: 35 -13- LSB 5335XC (8) 88 ss/rh 13/ 37

S.F. _____ a. Whether continuation of the board is necessary to protect 1 the health, safety, or welfare of the public, and if so, 2 whether the board’s authority is narrowly tailored to protect 3 against present, recognizable, and significant harms to the 4 health, safety, or welfare of the public. 5 b. Whether the public could be protected or served in an 6 alternate or less restrictive manner. 7 c. Whether the board serves a specific private interest. 8 d. Whether rules adopted by the board are consistent with 9 the legislative mandate of the board as expressed in the 10 statutes that created and empowered the board. 11 e. The extent to which the board’s jurisdiction and programs 12 overlap or duplicate those of other boards, the extent to which 13 the board coordinates with those other boards, and the extent 14 to which the board’s programs could be consolidated with the 15 programs of other state departments or boards. 16 f. The number of other states that regulate the occupation, 17 whether a license is required to engage in the occupation in 18 other states, whether the initial licensing and license renewal 19 requirements for the occupation are substantially equivalent 20 in every state, and the amount of regulation exercised by the 21 board compared to the regulation, if any, in other states. 22 g. The extent to which significant changes in the board’s 23 rules could prevent an individual licensed in this state from 24 practicing, or allow an individual licensed in this state to 25 practice, the same occupation in another jurisdiction without 26 obtaining an occupational license for that occupation in that 27 other jurisdiction. 28 h. Whether the board recognizes national uniform licensure 29 requirements for the occupation. 30 i. Whether private contractors could be used, in an 31 effective and efficient manner, either to assist the board in 32 the performance of its duties or to perform the board’s duties 33 in place of the board. 34 j. Whether the operation of the board has inhibited economic 35 -14- LSB 5335XC (8) 88 ss/rh 14/ 37

S.F. _____ growth, reduced efficiency, or increased government costs. 1 k. An assessment of the authority of the board regarding 2 fees, inspections, enforcement, and penalties. 3 l. The extent to which the board has permitted qualified 4 applicants to serve the public. 5 m. The extent to which the board has allowed individuals to 6 practice elements of the occupation without a license. 7 n. The cost-effectiveness of the board in terms of the 8 number of employees, services rendered, and administrative 9 costs incurred, both past and present. 10 o. Whether the board’s operation has been impeded or 11 enhanced by existing statutes and procedures and by budgetary, 12 resource, and personnel practices. 13 p. Whether the board has recommended statutory changes to 14 the general assembly that would benefit the public rather than 15 the individuals regulated by the board, if any, and whether the 16 board’s recommendations and other policies have been adopted 17 and implemented. 18 q. Whether the board has required any individuals subject to 19 the board’s regulations to report to the board the impact of 20 board rules and decisions on the public as they affect service 21 costs and service delivery. 22 r. Whether individuals regulated by the board, if any, have 23 been required to assess problems in their business operations 24 that affect the public. 25 s. Whether the board has encouraged public participation in 26 its rulemaking and decision making. 27 t. The efficiency with which formal public complaints filed 28 with the board have been processed to completion. 29 u. Whether the purpose for which the board was created has 30 been fulfilled, has changed, or no longer exists. 31 v. Whether federal law requires that the board be renewed 32 in some form. 33 w. An assessment of the administrative hearing process of 34 the board if the board has an administrative hearing process, 35 -15- LSB 5335XC (8) 88 ss/rh 15/ 37

S.F. _____ and whether the hearing process is consistent with due process 1 rights. 2 x. Whether the requirement for an occupational license 3 is consistent with the principles expressed in section 4C.2, 4 serves a meaningful, defined public interest, and provides the 5 least restrictive form of regulation that adequately protects 6 the public interest. 7 y. The extent to which licensing ensures that practitioners 8 have occupational skill sets or competencies that are 9 substantially related to protecting consumers from present, 10 significant, and substantiated harms that threaten the public 11 health, safety, or welfare, and the impact that those criteria 12 have on applicants for a license, particularly those with 13 moderate or low incomes, seeking to enter the occupation or 14 profession. 15 z. The extent to which the requirement for the occupational 16 license stimulates or restricts competition, affects consumer 17 choice, and affects the cost of services. 18 aa. An assessment of whether changes are needed in the 19 enabling laws of the board in order for the board to comply 20 with the criteria listed in this subsection. 21 Sec. 13. NEW SECTION . 4A.6 Reports of the committee. 22 1. After completing a review of a board pursuant to section 23 4A.5, the committee shall prepare and submit a report of its 24 findings and recommendations by December 21. A report may 25 include findings and recommendations for more than one board. 26 Copies of the report shall be submitted to the president of 27 the senate, the speaker of the house of representatives, the 28 governor, and each affected board, and shall be made publicly 29 available on the internet site of the general assembly. The 30 committee shall present its recommendations to the general 31 assembly in the form of a bill submitted under a procedure or 32 rule permitting no amendments by either house, except those of 33 a purely corrective nature. 34 2. Recommendations of the committee shall indicate how or 35 -16- LSB 5335XC (8) 88 ss/rh 16/ 37

S.F. _____ whether implementation of the recommendations would do each of 1 the following: 2 a. Improve efficiency in the management of state government. 3 b. Improve services rendered to citizens of the state. 4 c. Simplify and improve preparation of the state budget. 5 d. Conserve the natural resources of the state. 6 e. Promote the orderly growth of the state and its 7 government. 8 f. Promote occupational regulations to increase economic 9 opportunities, encourage competition, and encourage innovation. 10 g. Provide for the least restrictive regulations by 11 repealing current regulations and replacing them with less 12 restrictive regulations that are consistent with the principles 13 expressed in section 4C.2. 14 h. Improve the effectiveness of the services performed by 15 the boards of the state. 16 i. Avoid duplication of effort by state agencies or boards. 17 j. Improve the organization and coordination of the state 18 government. 19 Sec. 14. NEW SECTION . 4B.1 Short title. 20 This chapter shall be known and may be cited as the “Iowa 21 Sunset Act” . 22 Sec. 15. NEW SECTION . 4B.2 Definitions. 23 For the purposes of this chapter: 24 1. “Agency” means any department, commission, board, 25 institution, bureau, office, or other agency of the executive 26 branch, except that “agency” does not include a “board” as 27 defined in section 4A.2. 28 2. “Committee” means the sunset advisory committee 29 established pursuant to section 4A.3. 30 3. “Sunset” means the termination of all activities of an 31 agency. 32 Sec. 16. NEW SECTION . 4B.3 Sunset of state agencies. 33 1. Unless renewed pursuant to subsection 2, an agency shall 34 sunset as provided in section 4B.6 on December 31, 2026, or as 35 -17- LSB 5335XC (8) 88 ss/rh 17/ 37

S.F. _____ provided by a statute enacted pursuant to subsection 2. 1 2. Prior to the date on which an agency is scheduled to 2 sunset, the general assembly may renew the existence of an 3 agency by passage of a bill that schedules the agency for 4 an additional review in no less than five but no more than 5 ten calendar years from the review date. A bill scheduling 6 an agency for additional review may also amend or repeal 7 the statute creating and empowering the agency or enact a 8 new statute to improve agency usefulness, performance, or 9 effectiveness. 10 Sec. 17. NEW SECTION . 4B.4 Sunset review of state agencies. 11 1. Prior to the date on which an agency is scheduled to 12 sunset, the committee shall review the usefulness, performance, 13 and efficacy of the agency. The committee shall hold hearings 14 to receive the testimony of the public and of the chief 15 executive officer of the agency. After completing a review, 16 the committee shall prepare and publish a report of its 17 findings and recommendations as provided in section 4B.4. 18 2. The legislative services agency shall establish a 19 schedule for the committee to review each agency such that the 20 committee reviews approximately one-fifth of all agencies each 21 calendar year and each agency has been reviewed once between 22 the calendar years 2021 and 2026, and in each five-year period 23 after the date a board has been renewed. The committee may 24 modify the schedule as necessary to facilitate the efficient 25 administration of the committee, but in no case shall more than 26 five years pass before a board is subject to a sunset review. 27 3. An agency that is scheduled for review shall submit a 28 report to the committee prior to the date that it is scheduled 29 for review that includes all of the following information: 30 a. The agency’s primary purpose and its goals and 31 objectives. 32 b. The agency’s past and anticipated workload, the number 33 of staff required to complete that workload, and the agency’s 34 total number of staff. 35 -18- LSB 5335XC (8) 88 ss/rh 18/ 37

S.F. _____ c. The agency’s past and anticipated budgets and its sources 1 of funding. 2 d. The number of members that compose the governing board or 3 other governing entity of the agency and member compensation, 4 if any. 5 4. An agency subject to review shall bear the burden of 6 demonstrating to the committee a public need for its continued 7 existence. In determining whether an agency has met that 8 burden, the committee shall consider all of the following, as 9 applicable: 10 a. The cost-effectiveness of the agency in terms of the 11 number of employees, services rendered, and administrative 12 costs incurred, both past and present. 13 b. The extent to which the agency has operated in the 14 public interest, and whether its operation has been impeded or 15 enhanced by existing statutes and procedures and by budgetary, 16 resource, and personnel practices. 17 c. Whether the agency has recommended statutory changes to 18 the general assembly that would benefit the public as opposed 19 to the individuals regulated by the agency, if any, and whether 20 its recommendations and other policies have been adopted and 21 implemented. 22 d. Whether the agency has required any individuals it 23 regulates to report to the board the impact of agency rules 24 and decisions on the public as they affect service costs and 25 service delivery. 26 e. Whether individuals regulated by the agency, if any, have 27 been required to assess problems in their business operations 28 that affect the public. 29 f. Whether the agency has encouraged public participation in 30 its rulemaking and decision making. 31 g. The efficiency with which formal public complaints filed 32 with the agency have been processed to completion. 33 h. Whether the programs or services of the agency duplicate 34 or overlap those of other agencies. 35 -19- LSB 5335XC (8) 88 ss/rh 19/ 37

S.F. _____ i. Whether the purpose for which the agency was created has 1 been fulfilled, has changed, or no longer exists. 2 j. Whether federal law requires that the agency be renewed 3 in some form. 4 k. Changes needed in the enabling laws of the agency in 5 order for the agency to comply with the criteria listed in this 6 subsection. 7 Sec. 18. NEW SECTION . 4B.5 Reports of the committee. 8 1. After completing a review of all agencies pursuant to 9 section 4B.4, the committee shall prepare and submit a report 10 of its findings and recommendations by December 21. Copies of 11 the report shall be submitted to the president of the senate, 12 the speaker of the house of representatives, the governor, and 13 each affected agency, and shall be made publicly available on 14 the internet site of the general assembly. As part of the 15 report, the committee shall recommend to the general assembly, 16 in the form of a bill submitted under a procedure or rule 17 permitting no amendments by either house, except those of a 18 purely corrective nature, one or more of the following: 19 a. Amend or repeal the statutes that created and empowered 20 the agency to abolish or terminate the agency. 21 b. Amend or repeal the statutes that created and empowered 22 the agency or enact new statutes to terminate the agency, to 23 transfer the responsibilities of the agency to another agency, 24 or to improve the usefulness, performance, or effectiveness of 25 the agency. 26 c. Amend or repeal the statutes that created and empowered 27 two or more agencies or enact new statutes to reorganize or 28 transfer the agencies and thereby improve agency usefulness, 29 performance, or effectiveness. 30 d. Amend the statutes that created and empowered the agency 31 to continue the agency for not less than five years but not 32 more than ten years. 33 2. The recommendations of the committee shall indicate how 34 or whether implementation of the recommendations would do each 35 -20- LSB 5335XC (8) 88 ss/rh 20/ 37