Senate File 281 - Introduced SENATE FILE 281 BY BROWN A BILL FOR An Act relating to the adoption by executive branch agencies of 1 standards by reference to certain publications and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1791XS (6) 89 je/rn
S.F. 281 DIVISION I 1 LIMITATION ON ADOPTION OF STANDARDS BY REFERENCE 2 Section 1. Section 17A.6, Code 2021, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. An agency which adopts standards by 5 reference to another publication shall comply with section 6 17A.6C if applicable. 7 Sec. 2. NEW SECTION . 17A.6C Limitation on adoption of 8 standards by reference. 9 1. For purposes of this section, “publication” includes a 10 successor publication to a publication previously adopted by 11 reference, but does not include a publication by the executive, 12 legislative, or judicial branches, or any component thereof, or 13 a federal publication. 14 2. On and after the effective date of this Act, an agency 15 shall not, by rule, adopt a standard by reference to another 16 publication, or a new edition, amendment, or other update 17 to such a standard previously adopted by reference, unless 18 adoption of the specific standard, edition, amendment, or 19 other update is explicitly authorized by a bill enacted by the 20 general assembly. 21 3. This section does not apply to adoption of a standard by 22 reference to another publication if such adoption is explicitly 23 required by federal law. 24 4. This section shall not be construed to affect the 25 validity of the adoption of a standard adopted by an agency 26 prior to the effective date of this Act. This section shall 27 not be construed to authorize an agency to adopt, by means 28 other than rulemaking, a standard by reference to another 29 publication if such adoption is not otherwise authorized by 30 state or federal law. 31 DIVISION II 32 2020 NATIONAL ELECTRICAL CODE 33 Sec. 3. Section 103.6, subsection 1, paragraph a, Code 2021, 34 is amended to read as follows: 35 -1- LSB 1791XS (6) 89 je/rn 1/ 16
S.F. 281 a. Adopt rules pursuant to chapter 17A and in doing so 1 shall be governed by the minimum standards set forth in the 2 most current 2020 publication of the national electrical code 3 issued and adopted by the national fire protection association , 4 and without amendments , to the code, which code and amendments 5 shall be filed in the offices of the state law library and the 6 board and shall be a public record. The board shall adopt 7 rules reflecting updates to the code and amendments to the 8 code. The board shall promulgate and adopt rules establishing 9 wiring standards that protect public safety and health and 10 property and that apply to all electrical wiring which is 11 installed subject to this chapter . 12 Sec. 4. Section 103.10, subsection 2, Code 2021, is amended 13 to read as follows: 14 2. In addition, an applicant shall meet examination 15 criteria based upon the most recent national electrical code 16 adopted pursuant to section 103.6 and upon electrical theory, 17 as determined by the board. 18 DIVISION III 19 CORRESPONDING AMENDMENTS 20 Sec. 5. Section 88A.3, subsection 1, Code 2021, is amended 21 to read as follows: 22 1. The commissioner shall adopt rules pursuant to chapter 23 17A for the safe installation, repair, maintenance, use, 24 operation, and inspection of amusement devices, amusement 25 rides, concession booths, and related electrical equipment at 26 carnivals and fairs to the extent necessary for the protection 27 of the public. The rules shall be based on generally accepted 28 engineering standards and shall be concerned with, but not 29 necessarily limited to, engineering force stresses, safety 30 devices, and preventive maintenance. If standards are 31 available in suitable form, the standards may be incorporated 32 by reference if authorized pursuant to section 17A.6C . The 33 rules shall provide for the reporting of accidents and injuries 34 incurred from the operation of amusement devices or rides, 35 -2- LSB 1791XS (6) 89 je/rn 2/ 16
S.F. 281 concession booths, or related electrical equipment. 1 Sec. 6. Section 89A.3, subsection 3, Code 2021, is amended 2 to read as follows: 3 3. The safety board shall adopt rules for conveyances 4 according to the applicable provisions of the American 5 society of mechanical engineers safety codes for elevators 6 and escalators, A17.1 and A17.3, as the safety board deems 7 necessary. In adopting rules the safety board may adopt the 8 American society of mechanical engineers safety codes, or any 9 part of the codes, by reference , if authorized pursuant to 10 section 17A.6C . 11 Sec. 7. Section 99D.23, subsection 1, Code 2021, is amended 12 to read as follows: 13 1. The commission shall employ one or more chemists or 14 contract with a qualified chemical laboratory to determine by 15 chemical testing and analysis of saliva, urine, blood, hair, 16 or other excretions or body fluids whether a substance or drug 17 has been introduced which may affect the outcome of a race or 18 whether an action has been taken or a substance or drug has 19 been introduced which may interfere with the testing procedure. 20 The commission shall adopt rules under chapter 17A concerning 21 procedures and actions taken on positive drug reports. The 22 commission may adopt by reference nationally recognized 23 standards as determined by the commission if authorized 24 pursuant to section 17A.6C or may adopt any other procedure 25 or standard. The commission has the authority to retain and 26 preserve by freezing, test samples for future analysis. 27 Sec. 8. Section 103A.8, subsection 1, Code 2021, is amended 28 to read as follows: 29 1. Provide uniform standards and requirements for 30 construction, construction materials, and equipment through 31 the adoption by reference , if authorized pursuant to section 32 17A.6C, of applicable national codes where appropriate and 33 providing exceptions when necessary. The rules adopted shall 34 include provisions imposing requirements reasonably consistent 35 -3- LSB 1791XS (6) 89 je/rn 3/ 16
S.F. 281 with or identical to recognized and accepted standards 1 contained in performance criteria. 2 Sec. 9. Section 103A.8B, Code 2021, is amended to read as 3 follows: 4 103A.8B Sustainable design or green building standards. 5 The commissioner, after consulting with and receiving 6 recommendations from the department of natural resources, 7 shall adopt rules pursuant to chapter 17A specifying standards 8 and requirements for sustainable design and construction . 9 The standards and requirements shall be based upon or 10 incorporating nationally recognized ratings, certifications, 11 or classification systems, and procedures relating to 12 documentation of compliance , in accordance with section 13 17A.6C if applicable . The standards and requirements shall 14 be incorporated into the state building code established in 15 section 103A.7 , but in lieu of general applicability shall 16 apply to construction projects only if such applicability is 17 expressly authorized by statute, or as established by another 18 state agency by rule. 19 Sec. 10. Section 105.4, subsection 1, paragraph a, Code 20 2021, is amended to read as follows: 21 a. The board shall establish by rule a plumbing installation 22 code governing the installation of plumbing in this state. 23 Consistent with fire safety rules and standards promulgated by 24 the state fire marshal, and if authorized pursuant to section 25 17A.6C, the board shall adopt the most current version of the 26 uniform plumbing code and the international mechanical code, 27 as the state plumbing code and the state mechanical code, to 28 govern the installation of plumbing and mechanical systems in 29 this state. The board shall adopt the current version of each 30 code within six months of its being released. The board may 31 adopt amendments to each code by rule. The board shall work 32 in consultation with the state fire marshal to ensure that 33 proposed amendments do not conflict with the fire safety rules 34 and standards promulgated by the state fire marshal. The state 35 -4- LSB 1791XS (6) 89 je/rn 4/ 16
S.F. 281 plumbing code and the state mechanical code shall be applicable 1 to all buildings and structures owned by the state or an agency 2 of the state and in each local jurisdiction. 3 Sec. 11. Section 135.11, subsection 26, Code 2021, is 4 amended to read as follows: 5 26. In consultation with the advisory committee for 6 perinatal guidelines, develop and maintain the statewide 7 perinatal program based on the recommendations of the American 8 academy of pediatrics and the American college of obstetricians 9 and gynecologists contained in the most recent edition of 10 the guidelines for perinatal care, and shall adopt rules in 11 accordance with chapter 17A to implement those recommendations. 12 Such adoption shall be in accordance with section 17A.6C 13 if applicable. Hospitals within the state shall determine 14 whether to participate in the statewide perinatal program, 15 and select the hospital’s level of participation in the 16 program. A hospital having determined to participate in the 17 program shall comply with the guidelines appropriate to the 18 level of participation selected by the hospital. Perinatal 19 program surveys and reports are privileged and confidential 20 and are not subject to discovery, subpoena, or other means 21 of legal compulsion for their release to a person other than 22 the affected hospital, and are not admissible in evidence in a 23 judicial or administrative proceeding other than a proceeding 24 involving verification of the participating hospital under this 25 subsection . 26 Sec. 12. Section 135C.9, subsection 2, Code 2021, is amended 27 to read as follows: 28 2. The rules and standards promulgated by the fire marshal 29 pursuant to subsection 1 , paragraph “b” , of this section 30 shall be substantially in keeping with the latest generally 31 recognized safety criteria for the facilities covered, of which 32 the applicable criteria recommended and published from time 33 to time by the national fire protection association shall be 34 prima facie evidence. The rules and standards promulgated by 35 -5- LSB 1791XS (6) 89 je/rn 5/ 16
S.F. 281 the fire marshal shall be promulgated in consultation with the 1 department and in accordance with section 17A.6C if applicable 2 and shall, to the greatest extent possible, be consistent with 3 rules adopted by the department under this chapter . 4 Sec. 13. Section 135C.14, unnumbered paragraph 1, Code 5 2021, is amended to read as follows: 6 The department shall, in accordance with chapter 17A 7 and with the approval of the state board of health, adopt 8 and enforce rules setting minimum standards for health care 9 facilities. In so doing, the department, with the approval 10 of the state board of health, and if authorized pursuant 11 to section 17A.6C, may adopt by reference, with or without 12 amendment, nationally recognized standards and rules, which 13 shall be specified by title and edition, date of publication, 14 or similar information. The rules and standards required by 15 this section shall be formulated in consultation with the 16 director of human services or the director’s designee, with the 17 state fire marshal, and with affected industry, professional, 18 and consumer groups, and shall be designed to further the 19 accomplishment of the purposes of this chapter and shall relate 20 to: 21 Sec. 14. Section 148F.3, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. Adoption of rules to establish accepted standards of 24 orthotic and prosthetic scope of practice, including the 25 classification of devices and supervision of nonlicensed 26 caregivers. Any changes to the nationally accepted standards 27 by the American board for certification in orthotics, 28 prosthetics and pedorthics which impact scope of practice may 29 be approved by the board along with the adoption of rules as 30 required in this section in accordance with section 17A.6C if 31 applicable . 32 Sec. 15. Section 214A.2, subsection 1, Code 2021, is amended 33 to read as follows: 34 1. The department shall adopt rules pursuant to chapter 35 -6- LSB 1791XS (6) 89 je/rn 6/ 16
S.F. 281 17A for carrying out this chapter . The rules may include but 1 are not limited to specifications relating to motor fuel, 2 including but not limited to renewable fuel such as ethanol 3 blended gasoline, biobutanol blended gasoline, biodiesel, 4 biodiesel blended fuel, and motor fuel components such as an 5 oxygenate. In the interest of uniformity, the department shall 6 adopt by reference other specifications relating to tests and 7 standards for motor fuel, including renewable fuel and motor 8 fuel components, established by the United States environmental 9 protection agency and A.S.T.M. international. The department 10 shall comply with section 17A.6C, if applicable, when making 11 such an adoption by reference. 12 Sec. 16. Section 231B.2, subsection 1, unnumbered paragraph 13 1, Code 2021, is amended to read as follows: 14 The department shall establish by rule, in accordance with 15 chapter 17A , minimum standards for certification and monitoring 16 of elder group homes. The department may adopt by reference, 17 with or without amendment, nationally recognized standards 18 and rules for elder group homes if authorized pursuant to 19 section 17A.6C . The standards and rules shall be formulated 20 in consultation with affected state agencies and affected 21 industry, professional, and consumer groups; shall be designed 22 to accomplish the purposes of this chapter ; and shall include 23 but not be limited to rules relating to all of the following: 24 Sec. 17. Section 231C.3, subsection 1, unnumbered paragraph 25 1, Code 2021, is amended to read as follows: 26 The department shall establish by rule in accordance 27 with chapter 17A minimum standards for certification and 28 monitoring of assisted living programs. The department may 29 adopt by reference with or without amendment, nationally 30 recognized standards and rules for assisted living programs if 31 authorized pursuant to section 17A.6C . The rules shall include 32 specification of recognized accrediting entities and provisions 33 related to dementia-specific programs. The standards and 34 rules shall be formulated in consultation with affected state 35 -7- LSB 1791XS (6) 89 je/rn 7/ 16
S.F. 281 agencies and affected industry, professional, and consumer 1 groups; shall be designed to accomplish the purposes of 2 this chapter ; and shall include but are not limited to rules 3 relating to all of the following: 4 Sec. 18. Section 231D.2, subsection 2, Code 2021, is amended 5 to read as follows: 6 2. The department shall establish, by rule in accordance 7 with chapter 17A , a program for certification and monitoring 8 of and complaint investigations related to adult day services 9 programs. The department, in establishing minimum standards 10 for adult day services programs, may adopt by rule in 11 accordance with chapter 17A , nationally recognized standards 12 for adult day services programs if authorized pursuant to 13 section 17A.6C . The rules shall include specification of 14 recognized accrediting entities. The rules shall include 15 a requirement that sufficient staffing be available at all 16 times to fully meet a participant’s identified needs. The 17 rules shall include a requirement that no fewer than two 18 staff persons who monitor participants as indicated in each 19 participant’s service plan shall be awake and on duty during 20 the hours of operation when two or more participants are 21 present. The rules and minimum standards adopted shall be 22 formulated in consultation with affected state agencies and 23 affected industry, professional, and consumer groups and shall 24 be designed to accomplish the purpose of this chapter . 25 Sec. 19. Section 508.36, subsection 4, paragraph a, 26 subparagraph (3), subparagraph division (c), Code 2021, is 27 amended to read as follows: 28 (c) Any ordinary mortality table, adopted after 1980 by the 29 national association of insurance commissioners, if authorized 30 pursuant to section 17A.6C, that is approved by rule adopted by 31 the commissioner for use in determining the minimum standard 32 of valuation for such policies. 33 Sec. 20. Section 508.36, subsection 4, paragraph b, 34 subparagraph (2), Code 2021, is amended to read as follows: 35 -8- LSB 1791XS (6) 89 je/rn 8/ 16
S.F. 281 (2) For policies issued on or after the operative date of 1 section 508.37, subsection 6 , paragraph “b” , the commissioners 2 1961 standard industrial mortality table, or any industrial 3 mortality table adopted after 1980 by the national association 4 of insurance commissioners, if authorized pursuant to section 5 17A.6C, that is approved by rule adopted by the commissioner 6 for use in determining the minimum standard of valuation for 7 such policies. 8 Sec. 21. Section 508.36, subsection 4, paragraph e, 9 subparagraph (1), subparagraph division (a), Code 2021, is 10 amended to read as follows: 11 (a) For policies or contracts issued on or after January 12 1, 1966, the tables of period 2 disablement rates and the 13 1930 to 1950 termination rates of the 1952 disability study 14 of the society of actuaries, with due regard to the type of 15 benefit, or any tables of disablement rates and termination 16 rates adopted after 1980 by the national association of 17 insurance commissioners and , if authorized pursuant to section 18 17A.6C, approved by rule adopted by the commissioner for use 19 in determining the minimum standard of valuation for such 20 policies. 21 Sec. 22. Section 508.36, subsection 4, paragraph f, 22 subparagraph (1), subparagraph division (a), Code 2021, is 23 amended to read as follows: 24 (a) For policies issued on or after January 1, 1966, the 25 1959 accidental death benefits table, or any accidental death 26 benefits table adopted after 1980 by the national association 27 of insurance commissioners and , if authorized pursuant to 28 section 17A.6C, approved by rule adopted by the commissioner 29 for use in determining the minimum standard of valuation for 30 such policies. 31 Sec. 23. Section 508.36, subsection 5, paragraph a, 32 subparagraph (2), subparagraph division (a), subparagraph 33 subdivision (ii), Code 2021, is amended to read as follows: 34 (ii) An individual annuity mortality table, adopted after 35 -9- LSB 1791XS (6) 89 je/rn 9/ 16
S.F. 281 1980 by the national association of insurance commissioners 1 and , if authorized pursuant to section 17A.6C, approved by rule 2 adopted by the commissioner for use in determining the minimum 3 standard of valuation for such contracts. 4 Sec. 24. Section 508.36, subsection 5, paragraph a, 5 subparagraph (3), subparagraph division (a), subparagraph 6 subdivision (ii), Code 2021, is amended to read as follows: 7 (ii) An individual annuity mortality table adopted after 8 1980 by the national association of insurance commissioners 9 and , if authorized pursuant to section 17A.6C, approved by rule 10 adopted by the commissioner for use in determining the minimum 11 standard of valuation for such contracts. 12 Sec. 25. Section 508.36, subsection 5, paragraph a, 13 subparagraph (5), subparagraph division (a), subparagraph 14 subdivision (ii), Code 2021, is amended to read as follows: 15 (ii) A group annuity mortality table adopted after 1980 by 16 the national association of insurance commissioners and , if 17 authorized pursuant to section 17A.6C, approved by rule adopted 18 by the commissioner for use in determining the minimum standard 19 of valuation for such annuities and pure endowments. 20 Sec. 26. Section 508.37, subsection 7, paragraph h, 21 subparagraphs (6), (7), (8), and (9), Code 2021, are amended 22 to read as follows: 23 (6) For policies issued prior to the operative date of 24 the valuation manual, any commissioners standard ordinary 25 mortality tables adopted after 1980 by the national association 26 of insurance commissioners and , if authorized pursuant to 27 section 17A.6C, approved by rule adopted by the commissioner 28 for use in determining the minimum nonforfeiture standard may 29 be substituted for the commissioners 1980 standard ordinary 30 mortality table with or without ten-year select mortality 31 factors or for the commissioners 1980 extended term insurance 32 table. 33 (7) For policies issued on or after the operative date of 34 the valuation manual, the valuation manual shall provide the 35 -10- LSB 1791XS (6) 89 je/rn 10/ 16
S.F. 281 commissioners standard mortality table for use in determining 1 the minimum forfeiture standard that may be substituted for 2 the commissioners 1980 standard ordinary mortality table 3 with or without ten-year select mortality factors or for the 4 commissioners 1980 extended term insurance table. If the 5 commissioner approves by rule in accordance with section 17A.6C 6 the commissioners standard ordinary mortality table adopted by 7 the national association of insurance commissioners for use in 8 determining the minimum nonforfeiture standard for policies 9 or contracts issued on or after the operative date of the 10 valuation manual, then that minimum nonforfeiture standard 11 supersedes the minimum nonforfeiture standard provided by the 12 valuation manual. 13 (8) Any industrial mortality tables adopted after 1980 14 by the national association of insurance commissioners and , 15 if authorized pursuant to section 17A.6C, approved by rule 16 adopted by the commissioner for use in determining the minimum 17 nonforfeiture standard may be substituted for the commissioners 18 1961 standard industrial mortality table or the commissioners 19 1961 industrial extended term insurance table. 20 (9) For policies issued on or after the operative date 21 of the valuation manual, the valuation manual shall provide 22 the commissioners standard ordinary mortality table for use 23 in determining the minimum nonforfeiture standard that may be 24 substituted for the commissioners 1961 standard industrial 25 mortality table or the commissioners 1961 industrial extended 26 term insurance table. If the commissioner approves by rule 27 in accordance with section 17A.6C any commissioners standard 28 industrial mortality table adopted by the national association 29 of insurance commissioners for use in determining the minimum 30 nonforfeiture standard for policies issued on or after the 31 operative date of the valuation manual, then that minimum 32 nonforfeiture standard supersedes the minimum nonforfeiture 33 standard provided by the valuation manual. 34 Sec. 27. Section 514C.12, subsection 1, Code 2021, is 35 -11- LSB 1791XS (6) 89 je/rn 11/ 16
S.F. 281 amended to read as follows: 1 1. Notwithstanding section 514C.6 , a person who provides 2 an individual or group policy of accident or health insurance 3 or individual or group hospital or health care service 4 contract issued pursuant to chapter 509 , 509A , 514 , or 514A 5 or an individual or group health maintenance organization 6 contract issued and regulated under chapter 514B , which is 7 delivered, amended, or renewed on or after July 1, 1996, and 8 which provides maternity benefits, which are not limited to 9 complications of pregnancy, or newborn care benefits, shall not 10 terminate inpatient benefits or require discharge of a mother 11 or the newborn from a hospital following delivery earlier 12 than determined to be medically appropriate by the attending 13 physician after consultation with the mother and in accordance 14 with guidelines adopted by rule by the commissioner. The 15 guidelines adopted by rule shall be consistent with or , if 16 authorized pursuant to section 17A.6C, may adopt by reference 17 the guidelines for perinatal care established by the American 18 academy of pediatrics and the American college of obstetricians 19 and gynecologists which provide that when complications are not 20 present, the postpartum hospital stay ranges from a minimum 21 of forty-eight hours for a vaginal delivery to a minimum of 22 ninety-six hours for a cesarean birth, excluding the day of 23 delivery. The guidelines adopted by rule by the commissioner 24 shall also provide that in the event of a discharge from 25 the hospital prior to the minimum stay established in the 26 guidelines, a postdischarge follow-up visit shall be provided 27 to the mother and newborn by providers competent in postpartum 28 care and newborn assessment if determined medically appropriate 29 as directed by the attending physician, in accordance with the 30 guidelines. 31 Sec. 28. Section 514C.22, subsection 4, Code 2021, is 32 amended to read as follows: 33 4. The commissioner, by rule, shall define the biologically 34 based mental illnesses identified in subsection 3 . Definitions 35 -12- LSB 1791XS (6) 89 je/rn 12/ 16
S.F. 281 established by the commissioner shall be consistent with 1 definitions provided in the most recent edition of the American 2 psychiatric association’s diagnostic and statistical manual of 3 mental disorders, as such definitions may be amended from time 4 to time. The commissioner may adopt the definitions provided 5 in such manual by reference , if authorized pursuant to section 6 17A.6C . 7 Sec. 29. Section 514C.27, subsection 4, Code 2021, is 8 amended to read as follows: 9 4. The commissioner, by rule, shall define “mental illness” 10 consistent with definitions provided in the most recent edition 11 of the American psychiatric association’s diagnostic and 12 statistical manual of mental disorders, as the definitions may 13 be amended from time to time. The commissioner may adopt the 14 definitions provided in such manual by reference , if authorized 15 pursuant to section 17A.6C . 16 Sec. 30. Section 514C.28, subsection 2, paragraph c, Code 17 2021, is amended to read as follows: 18 c. “Autism spectrum disorders” means any of the pervasive 19 developmental disorders including autistic disorder, Asperger’s 20 disorder, and pervasive developmental disorders not otherwise 21 specified. The commissioner, by rule, shall define “autism 22 spectrum disorders” consistent with definitions provided in the 23 most recent edition of the American psychiatric association’s 24 diagnostic and statistical manual of mental disorders, as such 25 definitions may be amended from time to time. The commissioner 26 may adopt the definitions provided in such manual by reference , 27 if authorized pursuant to section 17A.6C . 28 Sec. 31. Section 515.63, subsection 15, Code 2021, is 29 amended to read as follows: 30 15. All other information as required by the national 31 association of insurance commissioners’ annual statement blank. 32 The annual statement blank shall be prepared in accordance with 33 instructions prescribed by the commissioner. All financial 34 information reflected in the annual report shall be kept and 35 -13- LSB 1791XS (6) 89 je/rn 13/ 16
S.F. 281 prepared in accordance with accounting practices and procedures 1 prescribed by the commissioner. The commissioner may adopt 2 by reference the annual statement handbook and the accounting 3 practices and procedures manual of the national association of 4 insurance commissioners , in accordance with section 17A.6C if 5 applicable . 6 Sec. 32. Section 515E.3, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. To be organized as a risk retention group in this 9 state, the group must be organized and licensed as a liability 10 insurance company authorized by the insurance laws of this 11 state. Except as provided elsewhere in this chapter , a risk 12 retention group organized in this state must comply with 13 all of the laws, rules, and requirements applicable to a 14 liability insurer organized in this state. Additionally, 15 a risk retention group organized in this state must comply 16 with section 515E.4 . These requirements do not exempt a risk 17 retention group from a duty imposed by any other law or rule 18 of the state. Before it may offer insurance in any state, 19 a risk retention group shall also submit for approval to the 20 commissioner of insurance of this state a plan of operation 21 or a feasibility study, and revisions of the plan or study 22 within ten days of any change. The name under which a risk 23 retention group may be chartered and licensed shall be a brief 24 description of its membership followed by the phrase “risk 25 retention group” and, unless its membership consists solely of 26 insurers, shall not include the terms “insurance”, “mutual”, 27 “reciprocal”, or any similar term. A risk retention group 28 chartered in this state shall file with the division and the 29 national association of insurance commissioners an annual 30 statement blank prepared in accordance with instructions 31 prescribed by the commissioner. All financial information 32 reflected in the annual statement shall be kept and prepared in 33 accordance with accounting practices and procedures prescribed 34 by the commissioner. The commissioner may adopt by reference 35 -14- LSB 1791XS (6) 89 je/rn 14/ 16
S.F. 281 the annual statement handbook and the accounting practices and 1 procedures manual of the national association of insurance 2 commissioners , in accordance with section 17A.6C if applicable . 3 Sec. 33. Section 542.3, subsection 1, paragraph b, Code 4 2021, is amended to read as follows: 5 b. The standards specified in this subsection are those 6 standards adopted by the board, by rule, by reference , in 7 accordance with section 17A.6C, to the standards developed for 8 general application by the American institute of certified 9 public accountants, the public company accounting oversight 10 board, or other recognized national accountancy organization. 11 DIVISION IV 12 EFFECTIVE DATE 13 Sec. 34. EFFECTIVE DATE. This Act, being deemed of 14 immediate importance, takes effect upon enactment. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the adoption by executive branch 19 agencies of standards by reference to other publications. 20 The bill prohibits an agency, on and after the effective date 21 of the bill, from adopting, by rule, a standard by reference 22 to another publication, or a new edition, amendment, or other 23 update to such a standard previously adopted by reference, 24 unless adoption of the specific standard, edition, amendment, 25 or other update is explicitly authorized by a bill enacted by 26 the general assembly. 27 The bill defines “publication” to include a successor 28 publication to a publication previously adopted by reference, 29 but not a publication by the executive, legislative, or 30 judicial branches, or any component thereof, or a federal 31 publication. 32 The bill does not apply to adoption of a standard by 33 reference to another publication if such adoption is explicitly 34 required by federal law. 35 -15- LSB 1791XS (6) 89 je/rn 15/ 16
S.F. 281 The bill shall not be construed to affect the validity of 1 the adoption of a standard adopted by an agency prior to the 2 effective date of the bill. The bill shall not be construed to 3 authorize an agency to adopt, by means other than rulemaking, a 4 standard by reference to another publication if such adoption 5 is not otherwise authorized by state or federal law. 6 The bill makes corresponding amendments to statutory 7 language regarding adoption of standards by reference to 8 various publications. 9 The bill strikes language requiring the electrical examining 10 board to adopt rules based on minimum standards set forth in 11 the most current publication of the national electrical code 12 issued and adopted by the national fire protection association 13 and amendments to the code and instead provides that such rules 14 shall be based on the 2020 publication of the code without 15 amendments. 16 The bill takes effect upon enactment. 17 -16- LSB 1791XS (6) 89 je/rn 16/ 16