Senate Study Bill 3119 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act concerning the executive branch rulemaking process and 1 other agency functions and related matters. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5103XL (6) 90 je/ko

S.F. _____ H.F. _____ DIVISION I 1 RULEMAKING AND RELATED MATTERS 2 Section 1. Section 2B.5A, subsection 4, Code 2024, is 3 amended by striking the subsection. 4 Sec. 2. Section 8A.206, subsection 2, paragraph b, Code 5 2024, is amended to read as follows: 6 b. Maintain, as an integral part of the law library, reports 7 of various boards and agencies , ; copies of journals of the 8 senate and house of representatives; electronic access to 9 bills , journals, and other information relating to current or 10 proposed legislation , copies of ; and electronic access to the 11 Iowa administrative bulletin and Iowa administrative code and, 12 consistent with section 17A.6, subsection 3 , copies of any 13 publications incorporated by reference in the bulletin or code . 14 Sec. 3. Section 10A.506, subsection 10, Code 2024, is 15 amended by striking the subsection. 16 Sec. 4. Section 17A.3, subsection 1, paragraphs a, b, and c, 17 Code 2024, are amended by striking the paragraphs. 18 Sec. 5. Section 17A.4, subsection 1, unnumbered paragraph 19 1, Code 2024, is amended to read as follows: 20 Prior to the adoption, amendment, or repeal of any rule an 21 agency shall submit the proposed rulemaking for preclearance to 22 the administrative rules coordinator in the manner prescribed 23 by the administrative rules coordinator and do all of the 24 following : 25 Sec. 6. Section 17A.4, subsection 3, paragraph a, Code 2024, 26 is amended to read as follows: 27 a. When the statute so provides, or with the approval of 28 the administrative rules review committee, if the committee 29 finds good cause that notice and public participation would be 30 unnecessary, impracticable, or contrary to the public interest, 31 the provisions of subsection 1 shall be inapplicable. However, 32 the requirement for prior submission to the administrative 33 rules coordinator for preclearance shall remain applicable. 34 Sec. 7. Section 17A.4A, subsections 1 and 5, Code 2024, are 35 -1- LSB 5103XL (6) 90 je/ko 1/ 28

S.F. _____ H.F. _____ amended to read as follows: 1 1. An agency shall issue a regulatory analysis of a proposed 2 rule that complies with subsection 2 , paragraph paragraphs 3 “a” and “b” , if, within thirty-two days after the published 4 notice of proposed rule adoption, a written request for the 5 analysis is submitted to the agency by the administrative rules 6 review committee or the administrative rules coordinator. An 7 agency shall issue a regulatory analysis of a proposed rule 8 that complies with subsection 2 , paragraph “b” , if the rule 9 would have a substantial impact on small business and if, 10 within thirty-two days after the published notice of proposed 11 rule adoption, a written request for analysis is submitted to 12 the agency by the administrative rules review committee, the 13 administrative rules coordinator, at least twenty-five persons 14 signing that request who each qualify as a small business or 15 by an organization representing at least twenty-five such 16 persons. If a rule has been adopted without prior notice and 17 an opportunity for public participation in reliance upon prior 18 to submitting a notice of intended action to the administrative 19 rules coordinator and the administrative code editor pursuant 20 to section 17A.4, subsection 3 1 , the written request for an 21 analysis that complies with subsection 2 , paragraph “a” or “b” , 22 may be made within seventy days of publication of the rule . 23 5. The agency shall not submit a notice of intended action 24 to the administrative rules coordinator and the administrative 25 code editor pursuant to section 17A.4, subsection 1, paragraph 26 “a” , for a proposed rule until the conclusion of the opportunity 27 for oral presentation required by subsection 4 and preclearance 28 by the administrative rules coordinator as required by section 29 17A.4, subsection 1. In the case of a rule adopted without 30 prior notice and an opportunity for public participation in 31 reliance upon section 17A.4, subsection 3 , the summary must 32 be published within agency shall have until seventy days of 33 after the request adoption to submit a regulatory analysis 34 as described in subsection 4 for publication in the Iowa 35 -2- LSB 5103XL (6) 90 je/ko 2/ 28

S.F. _____ H.F. _____ administrative bulletin . If a rule adopted in reliance upon 1 section 17A.4, subsection 3, will be published in the Iowa 2 administrative bulletin concurrently with a corresponding 3 notice of intended action, a separate regulatory analysis for 4 the notice of intended action is not required. 5 Sec. 8. Section 17A.4A, subsection 2, paragraph a, 6 unnumbered paragraph 1, Code 2024, is amended to read as 7 follows: 8 Except to the extent that a written request for a regulatory 9 analysis expressly waives one or more of the following, the The 10 regulatory analysis must contain all of the following: 11 Sec. 9. Section 17A.4A, subsection 4, Code 2024, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 4. The agency shall submit the regulatory analysis to the 15 administrative code editor, who shall publish it in the Iowa 16 administrative bulletin. The regulatory analysis shall include 17 a statement of either the terms or substance of the agency’s 18 intended action or a description of the subjects and issues 19 involved. The agency shall afford all interested persons not 20 less than twenty days to submit data, views, or arguments in 21 writing, and the regulatory analysis shall include the time 22 when, the place where, and the manner in which interested 23 persons may do so. The agency shall give interested persons 24 an opportunity to make oral presentation on the regulatory 25 analysis. The opportunity for oral presentation shall be held 26 at least twenty days after publication of its time and place in 27 the Iowa administrative bulletin. 28 Sec. 10. Section 17A.4A, subsection 6, Code 2024, is amended 29 by striking the subsection. 30 Sec. 11. Section 17A.6, subsection 3, Code 2024, is amended 31 to read as follows: 32 3. An agency that adopts standards by reference to 33 another publication shall deliver a printed copy of post 34 the publication, or the relevant part of the publication, 35 -3- LSB 5103XL (6) 90 je/ko 3/ 28

S.F. _____ H.F. _____ containing the standards to the administrative code editor who 1 shall deposit the copy in the state law library which shall 2 make it available for inspection and reference on the agency’s 3 internet site . The agency may instead deposit a printed copy 4 of the publication, or the relevant part of the publication, in 5 the state law library directly An agency shall not post a link 6 for this purpose to an internet site that is not maintained by 7 the agency . If a posted publication or part of a publication 8 varies from the publication or part adopted by reference as 9 described in subsection 5, the adoption by reference described 10 in subsection 5 shall control. This subsection does not apply 11 to a publication that is a federal statute or regulation. 12 Sec. 12. Section 17A.7, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. Beginning July January 1, 2012 2027 , over each five-year 15 period of time, an each agency shall conduct an ongoing and 16 comprehensive review of all of the agency’s rules. The goal of 17 the review is the identification and elimination of all rules 18 of the agency that are outdated, redundant, or inconsistent or 19 incompatible with statute or its own rules or those of other 20 agencies. An Over each five-year period of time, an agency 21 shall commence its review by developing a plan of review in 22 consultation with major stakeholders and constituent groups 23 perform a retrospective analysis that includes a comprehensive 24 evaluation and rigorous cost-benefit analysis of each existing 25 chapter of rules to determine whether the benefits the rules 26 are intended to achieve are being realized, whether those 27 benefits justify the costs imposed by the rules, and whether 28 there are less restrictive alternatives to accomplish those 29 benefits . When the agency completes the five-year review of 30 the agency’s own rules, the agency shall provide a written 31 summary of the results to the administrative rules coordinator 32 and the administrative rules review committee. The summary 33 shall include all of the following for each chapter of rules: 34 a. The intended benefits of the rules and if the benefits 35 -4- LSB 5103XL (6) 90 je/ko 4/ 28

S.F. _____ H.F. _____ are being achieved. 1 b. The costs imposed by the rules and if the costs are 2 justified by the benefits identified in paragraph “a” . 3 c. Less restrictive alternatives to the rules and an 4 analysis of how other states regulate the activities addressed 5 by the chapter. 6 Sec. 13. Section 17A.7, Code 2024, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3. a. Each chapter of rules is rescinded 9 five years after the date on which the chapter as a whole 10 became effective. A chapter rescinded in this manner ceases 11 to be effective as of the date of rescission. Before or after 12 such rescission occurs, the agency that adopted the chapter 13 may adopt the chapter anew after completing a retrospective 14 analysis as described in subsection 2. Such adoption shall be 15 subject to this chapter. An agency adopting a chapter anew 16 as described in this subsection shall do so from a zero base. 17 Adoption of a chapter anew as described in this subsection 18 shall not include notation in a rulemaking document published 19 in the Iowa administrative bulletin of additions to or 20 deletions from the language of the prior chapter. For purposes 21 of this subsection, “zero base” means adoption of a chapter 22 anew without merely adopting the prior language of the chapter 23 and without any presumption in favor of utilizing the prior 24 language when the chapter is adopted anew. 25 b. The effective date of adoption, amendment, or rescission 26 of individual rules or portions of rules in a chapter, and the 27 date of any changes to the chapter or rules or portions of 28 rules in the chapter pursuant to section 2B.13, shall not be 29 considered when determining the effective date of the chapter 30 as a whole for purposes of this subsection. The date of 31 rescission of a chapter under paragraph “a” shall not be altered 32 if such date falls on a Saturday, Sunday, or holiday. 33 c. (1) If a chapter has been rescinded under this 34 subsection, the agency that adopted the chapter shall notify 35 -5- LSB 5103XL (6) 90 je/ko 5/ 28

S.F. _____ H.F. _____ the administrative code editor in writing of the rescission. 1 The administrative rules coordinator may notify the 2 administrative code editor in writing on behalf of the agency. 3 (2) As soon as practicable after receiving such 4 notification, the administrative code editor shall publish 5 notice of the rescission in the Iowa administrative bulletin 6 and, no sooner than two weeks after such publication, remove 7 the chapter from the Iowa administrative code. 8 d. When a chapter of rules becoming effective as a whole is 9 published in the Iowa administrative code, the administrative 10 code editor shall include the next rescission date of the 11 chapter, as provided in this subsection, with the chapter. 12 e. For a chapter of rules that most recently became 13 effective as a whole prior to January 1, 2023, the effective 14 date of the chapter shall be deemed January 1, 2023, for 15 purposes of this subsection. For a chapter that most recently 16 became effective as a whole on or after January 1, 2023, the 17 date of rescission pursuant to this subsection shall be based 18 on the most recent effective date of the chapter as a whole. 19 Sec. 14. Section 17A.19, subsection 10, paragraphs b, c, l, 20 and m, Code 2024, are amended to read as follows: 21 b. Beyond the authority explicitly delegated to the agency 22 by any provision of law or in violation of any provision of 23 law. 24 c. Based upon an erroneous interpretation of a provision of 25 law whose interpretation has not clearly explicitly been vested 26 by a provision of law in the discretion of the agency. 27 l. Based upon an irrational, illogical, or wholly 28 unjustifiable interpretation of a provision of law whose 29 interpretation has clearly explicitly been vested by a 30 provision of law in the discretion of the agency. 31 m. Based upon an irrational, illogical, or wholly 32 unjustifiable application of law to fact that has clearly 33 explicitly been vested by a provision of law in the discretion 34 of the agency. 35 -6- LSB 5103XL (6) 90 je/ko 6/ 28

S.F. _____ H.F. _____ Sec. 15. Section 17A.19, subsection 11, paragraphs a, b, and 1 c, Code 2024, are amended to read as follows: 2 a. Shall not give any deference to the view of the agency 3 with respect to whether particular matters have been explicitly 4 vested by a provision of law in the discretion of the agency. 5 b. Should not give any deference to the view of the 6 agency with respect to particular matters that have not been 7 explicitly vested by a provision of law in the discretion of 8 the agency. 9 c. Shall give appropriate deference to the view of the 10 agency with respect to particular matters that have been 11 explicitly vested by a provision of law in the discretion of 12 the agency. 13 Sec. 16. Section 17A.23, subsections 3 and 4, Code 2024, are 14 amended to read as follows: 15 3. a. An agency shall have only that authority or 16 discretion explicitly delegated to or explicitly conferred 17 upon the agency by law and shall not expand or enlarge its 18 authority or discretion beyond the powers explicitly delegated 19 to or explicitly conferred upon the agency. Unless otherwise 20 specifically explicitly provided in statute, a grant of 21 rulemaking authority shall be construed narrowly. 22 b. Rulemaking authority is explicitly delegated to or 23 explicitly conferred on an agency as follows: 24 (1) An agency may adopt rules interpreting the provisions 25 of any statute enforced or administered by the agency if a 26 statute explicitly grants the agency rulemaking authority over 27 the statutory provision; however, a rule is not valid if the 28 rule exceeds the bounds of correct interpretation. All of the 29 following apply to the adoption of a rule interpreting the 30 provisions of a statute enforced or administered by an agency: 31 (a) A statutory or nonstatutory provision containing a 32 statement or declaration of legislative intent, purpose, 33 findings, or policy does not delegate rulemaking authority to 34 or confer rulemaking authority on the agency, or augment the 35 -7- LSB 5103XL (6) 90 je/ko 7/ 28

S.F. _____ H.F. _____ agency’s rulemaking authority, beyond the rulemaking authority 1 that is explicitly delegated to or explicitly conferred on the 2 agency by a statute. 3 (b) A statutory provision describing the agency’s general 4 powers or duties does not delegate rulemaking authority to 5 or confer rulemaking authority on the agency, or augment the 6 agency’s rulemaking authority, beyond the rulemaking authority 7 that is explicitly delegated to or explicitly conferred on the 8 agency by a statute. 9 (c) A statutory provision containing a specific standard, 10 requirement, or threshold does not delegate to or confer on the 11 agency the authority to adopt, enforce, or administer a rule 12 that contains a standard, requirement, or threshold that is 13 more restrictive than the standard, requirement, or threshold 14 contained in the statutory provision. 15 (2) An agency may prescribe forms and procedures in 16 connection with any statute enforced or administered by the 17 agency if the agency considers such prescription necessary to 18 effectuate the purpose of the statute, but this subparagraph 19 does not authorize the imposition of a substantive requirement 20 in connection with a form or procedure. 21 (3) An agency authorized to exercise discretion in deciding 22 individual cases may formalize the general policies evolving 23 from the agency’s decisions by adopting the general policies 24 as rules that the agency shall follow until such rules are 25 amended or repealed. A rule adopted in accordance with this 26 subparagraph is valid only to the extent that the agency 27 has discretion to base an individual decision on the policy 28 expressed in the rule. 29 (4) An agency may adopt rules implementing or interpreting 30 a statute that the agency will enforce or administer after 31 enactment of the statute but prior to the statute’s effective 32 date. A rule adopted under this subparagraph shall not take 33 effect prior to the effective date of the statute that the rule 34 implements or interprets. 35 -8- LSB 5103XL (6) 90 je/ko 8/ 28

S.F. _____ H.F. _____ 4. An agency shall not implement or enforce any standard, 1 requirement, or threshold, including any term or condition of a 2 permit or license issued by the agency, unless that standard, 3 requirement, or threshold is clearly explicitly required or 4 clearly explicitly permitted by a state statute, rule adopted 5 pursuant to this chapter , or a federal statute or regulation, 6 or is explicitly required by a court ruling, a state or federal 7 executive order, a state or federal directive that would result 8 in the gain or loss of specific funding, or a federal waiver. 9 Sec. 17. NEW SECTION . 17A.24 Uniform rules on agency 10 procedure. 11 1. The administrative rules coordinator may adopt uniform 12 rules on agency procedure that are suitable for general 13 applicability to agencies. Such adoption and such rules 14 shall be subject to this chapter. Such rules may address the 15 subjects of agency procedures for rulemaking, petitions for 16 rulemaking, waiver of rules, declaratory orders, contested 17 cases, and fair information practices. 18 2. If an agency does not have rules in effect that address 19 a subject provided in subsection 1, and uniform rules on agency 20 procedure addressing the subject are in effect, such uniform 21 rules shall apply to the agency as though the agency had 22 adopted them. 23 3. An agency may adopt rules providing for additions, 24 exceptions, or amendments to a uniform rule on agency procedure 25 that, pursuant to subsection 2, is applicable to the agency. 26 4. This section does not apply to uniform rules on agency 27 procedure published prior to January 1, 2024, and does not 28 affect the validity of rules that have adopted such uniform 29 rules by reference. 30 5. The attorney general shall assist the administrative 31 rules coordinator in implementation of this section upon 32 request. 33 Sec. 18. Section 89.5, subsection 3, Code 2024, is amended 34 by striking the subsection. 35 -9- LSB 5103XL (6) 90 je/ko 9/ 28

S.F. _____ H.F. _____ Sec. 19. Section 89A.3, subsection 5, Code 2024, is amended 1 by striking the subsection. 2 Sec. 20. Section 455B.173, subsection 2, Code 2024, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . c. Rules adopted to implement this 5 subsection are not subject to section 17A.7, subsection 2 or 3. 6 Sec. 21. Section 543D.5, subsection 5, Code 2024, is amended 7 to read as follows: 8 5. Notwithstanding any provision to the contrary, the 9 provisions in section 10A.506, subsections 6 through 9, 11, and 10 12, shall apply to the board and to activities governed under 11 this chapter. 12 DIVISION II 13 EXECUTIVE BRANCH AGENCY FUNCTIONS 14 Sec. 22. Section 7D.29, subsection 2, paragraph b, Code 15 2024, is amended to read as follows: 16 b. The notification requirement specified in paragraph “a” 17 is not applicable to a request for the expenditure of disaster 18 aid from the contingent fund created in section 29C.20 or 19 to a request for the expenditure of disaster aid individual 20 assistance grant funds pursuant to section 29C.20A . 21 Sec. 23. Section 29A.27, subsection 6, paragraph a, Code 22 2024, is amended to read as follows: 23 a. All payments provided for under this section shall 24 be paid on the approval of the adjutant general from the 25 contingent fund of the executive council department created in 26 section 29C.20 . 27 Sec. 24. Section 29C.20, subsection 1, paragraph a, 28 unnumbered paragraph 1, Code 2024, is amended to read as 29 follows: 30 A contingent fund is created in the state treasury for the 31 use of the executive council department . Funding for the 32 contingent fund , if authorized by the executive council, shall 33 be paid from the appropriations addressed in section 7D.29 . 34 Moneys in the contingent fund may be expended for the following 35 -10- LSB 5103XL (6) 90 je/ko 10/ 28

S.F. _____ H.F. _____ purposes: 1 Sec. 25. Section 29C.20, subsection 1, paragraph a, 2 subparagraph (6), subparagraph division (b), Code 2024, is 3 amended to read as follows: 4 (b) Upon application by a governmental subdivision in 5 such an area, accompanied by a showing of obligations and 6 expenditures necessitated by an actual or potential disaster 7 in a form and with further information the executive council 8 department requires, the aid may be made in the discretion of 9 the executive council department and, if made, shall be in the 10 nature of a loan up to a limit of seventy-five percent of the 11 showing of obligations and expenditures. The loan, without 12 interest, shall be repaid by the maximum annual emergency 13 levy authorized by section 24.6 , or by the appropriate levy 14 authorized for a governmental subdivision not covered by 15 section 24.6 . The aggregate total of loans shall not exceed 16 one million dollars during a fiscal year. A loan shall not be 17 for an obligation or expenditure occurring more than two years 18 previous to the application. 19 Sec. 26. Section 29C.20, subsection 1, paragraph b, Code 20 2024, is amended to read as follows: 21 b. When a state department or agency requests that moneys 22 from the contingent fund be expended to repair, rebuild, or 23 restore state property injured, destroyed, or lost by fire, 24 storm, theft, or unavoidable cause, or to repair, rebuild, 25 or restore state property that is fiberoptic cable and that 26 is injured or destroyed by a wild animal, or to purchase a 27 police service dog for the department of corrections when such 28 a dog is injured or destroyed, or for payment of the expenses 29 incurred by and claims of a homeland security and emergency 30 response team when acting under the authority of section 29C.8 , 31 the executive council department shall consider the original 32 source of the funds for acquisition of the property before 33 authorizing the expenditure. If the original source was other 34 than the general fund of the state, the department or agency 35 -11- LSB 5103XL (6) 90 je/ko 11/ 28

S.F. _____ H.F. _____ shall be directed to utilize moneys from the original source if 1 possible. The executive council department shall not authorize 2 the repairing, rebuilding, or restoring of the property from 3 the disaster aid contingent fund if it determines that moneys 4 from the original source are available to finance the project. 5 Sec. 27. Section 29C.20, subsections 2, 3, 4, and 5, Code 6 2024, are amended to read as follows: 7 2. The proceeds of such loan shall be applied toward the 8 payment of costs and obligations necessitated by such actual or 9 potential disaster and the reimbursement of local funds from 10 which such expenditures have been made. Any such project for 11 repair, rebuilding , or restoration of state property for which 12 no specific appropriation has been made , shall, before work is 13 begun, be subject to approval or rejection by the executive 14 council department . 15 3. If the president of the United States, at the request of 16 the governor, has declared a major disaster to exist in this 17 state, the executive council department may make financial 18 grants to meet disaster-related necessary expenses, serious 19 needs, or hazard mitigation projects of local governments and 20 eligible private nonprofit agencies adversely affected by the 21 major disaster if those expenses or needs cannot otherwise be 22 met from other means of assistance. The amount of the grant 23 shall not exceed ten percent of the total eligible expenses and 24 is conditional upon the federal government providing at least 25 seventy-five percent for public assistance grants and at least 26 fifty percent for hazard mitigation grants of the eligible 27 expenses. 28 4. If the president, at the request of the governor, 29 has declared a major disaster to exist in this state, the 30 executive council department may make financial grants to 31 meet disaster-related necessary expenses or serious needs of 32 individuals or families adversely affected by a major disaster 33 which cannot otherwise adequately be met from other means 34 of assistance. The amount of a financial grant shall not 35 -12- LSB 5103XL (6) 90 je/ko 12/ 28

S.F. _____ H.F. _____ exceed the maximum federal authorization in the aggregate to 1 an individual or family in any single major disaster declared 2 by the president. All grants authorized to individuals and 3 families will be subject to the federal government providing 4 no less than seventy-five percent of each grant and the 5 declaration of a major disaster in the state by the president 6 of the United States. 7 5. If the president, at the request of the governor, has 8 declared a major disaster to exist in this state, the executive 9 council department may lease or purchase sites and develop 10 such sites to accommodate temporary housing units for disaster 11 victims. 12 Sec. 28. Section 103.31, subsection 6, Code 2024, is amended 13 to read as follows: 14 6. The board shall establish an internet-based licensure 15 verification database for access by a state or local inspector 16 for verification of licensee status. The database shall 17 include the name of every person licensed under this chapter 18 and a corresponding licensure number. However, the licensee’s 19 home address, home telephone number, and other personal 20 information as determined by rule shall be confidential. 21 Inspectors shall be authorized to request the name and 22 license number of any person working at a job site subject to 23 inspection for verification of licensee status. Licensees 24 under this chapter shall be required to carry a copy of their 25 current license and photo identification at all times when 26 employed on a job site for compliance with this subsection . 27 Sec. 29. Section 105.20, subsection 5, paragraph a, Code 28 2024, is amended to read as follows: 29 a. The board shall establish continuing education 30 requirements pursuant to section 272C.2 . The basic continuing 31 education requirement for renewal of a license shall be the 32 completion, during the immediately preceding license term, of 33 the number of classroom hours of instruction required by the 34 board in courses or seminars which have been approved by the 35 -13- LSB 5103XL (6) 90 je/ko 13/ 28

S.F. _____ H.F. _____ board. The board shall require at least eight classroom hours 1 of instruction during each three-year licensing term. 2 Sec. 30. Section 256.7, subsection 6, Code 2024, is amended 3 to read as follows: 4 6. Hear appeals of persons aggrieved by decisions of boards 5 of directors of school corporations under chapter 290 and 6 other appeals prescribed by law in a manner consistent with 7 chapter 17A . The state board may review the record and shall 8 review the proposed decision of the director of the department 9 of education or the administrative law judge employed by 10 the division of administrative hearings created by section 11 10A.801 and designated for any appeals heard and decided by 12 the director under chapter 290 pursuant to section 17A.15, 13 subsection 3 , and may affirm, modify, or vacate the decision, 14 or may direct a rehearing before the director. 15 Sec. 31. Section 272C.1, subsection 6, Code 2024, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . ag. The real estate appraiser examining 18 board, created pursuant to chapter 543D. 19 Sec. 32. Section 272C.2, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. Each licensing board shall may require and issue rules 22 for continuing education requirements as a condition to license 23 renewal. 24 Sec. 33. Section 272C.2, subsection 2, unnumbered paragraph 25 1, Code 2024, is amended to read as follows: 26 The rules shall may create continuing education requirements 27 at a minimum level prescribed by each licensing board. These 28 boards may also establish continuing education programs 29 to assist a licensee in meeting such continuing education 30 requirements. Such If adopted, such rules shall also: 31 Sec. 34. Section 290.5, Code 2024, is amended to read as 32 follows: 33 290.5 Decision of state board —— rules for appeals. 34 The decision of the state board shall be final. The state 35 -14- LSB 5103XL (6) 90 je/ko 14/ 28

S.F. _____ H.F. _____ board may adopt rules of procedure for hearing appeals which 1 shall include the power to delegate the actual hearing of 2 the appeal to the director of the department of education or 3 the director’s designee, and members of the director’s staff 4 designated by the director. The record of appeal so heard 5 shall be available to the state board , and , if required by 6 section 256.7, subsection 6, the decision recommended by the 7 director of the department of education or the designated 8 administrative law judge shall be approved by the state board 9 in the manner provided in section 256.7, subsection 6 therein . 10 Sec. 35. Section 450.6, subsection 2, Code 2024, is amended 11 by striking the subsection. 12 Sec. 36. Section 455B.133, subsections 1 and 2, Code 2024, 13 are amended to read as follows: 14 1. Develop comprehensive plans and programs for the 15 abatement, control, and prevention of air pollution in this 16 state, recognizing varying requirements for different areas 17 in the state. The plans may include emission limitations, 18 schedules and timetables for compliance with the limitations, 19 measures to prevent the significant deterioration of air 20 quality and other measures as necessary to assure attainment 21 and maintenance of ambient air quality standards. The 22 commission is not required to use air dispersion modeling as 23 a basis for making its findings under this subsection for a 24 minor source or minor modification of a major stationary source 25 unless modeling is specifically provided for under the federal 26 Clean Air Act as amended through January 1, 1991, rules adopted 27 under this chapter, or a federal or state agreement. 28 2. Adopt, amend, or repeal rules pertaining to the 29 evaluation, abatement, control, and prevention of air 30 pollution. The rules may include those that are necessary 31 to obtain approval of the state implementation plan under 32 section 110 of the federal Clean Air Act as amended through 33 January 1, 1991. The commission is not required to adopt rules 34 that use air dispersion modeling for a minor source or minor 35 -15- LSB 5103XL (6) 90 je/ko 15/ 28

S.F. _____ H.F. _____ modification of a major stationary source unless modeling is 1 specifically required by the federal Clean Air Act as amended 2 through January 1, 1991, or a federal or state agreement. 3 Sec. 37. Section 455B.134, subsection 3, Code 2024, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . g. The department is not required to use 6 air dispersion modeling as a basis for making its findings 7 under this subsection for a minor source or minor modification 8 of a major stationary source unless modeling is specifically 9 provided for under the federal Clean Air Act as amended through 10 January 1, 1991, rules adopted under this chapter, or a federal 11 or state agreement. 12 Sec. 38. Section 509A.5, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. Any interest earnings from investments or time deposits 15 of the funds under the control of the state executive council 16 department of administrative services shall be deposited to the 17 credit of these funds. 18 Sec. 39. Section 509A.11, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. “Governing body” means the executive council of the state 21 director of the department of administrative services , the 22 school boards of school districts, and the superintendent or 23 other person in charge of an institution supported in whole or 24 in part by public funds. 25 Sec. 40. Section 543D.7, Code 2024, is amended to read as 26 follows: 27 543D.7 Certification process. 28 Applications for original certification, renewal 29 certification, and examinations shall be made in writing to the 30 board on forms approved by through the board board’s electronic 31 system . 32 Sec. 41. Section 543D.9, Code 2024, is amended to read as 33 follows: 34 543D.9 Education and experience requirement. 35 -16- LSB 5103XL (6) 90 je/ko 16/ 28

S.F. _____ H.F. _____ The board shall determine what real estate appraisal or 1 real estate appraisal review experience and what education 2 shall be required to provide appropriate assurance that 3 an applicant for certification is competent to perform the 4 certified appraisal work which is within the scope of practice 5 defined by the board. All experience required for initial 6 certification shall be performed as a registered associate 7 real estate appraiser acting under the direct supervision of 8 a certified real estate appraiser who meets the supervisory 9 requirements established by applicable federal authorities or 10 federal law, rule, or policy in effect at the time the hours 11 of experience are claimed, except as the board may provide by 12 rule. Subject to requirements or limitations established by 13 applicable federal authorities or federal law, rule, or policy, 14 hours qualifying for experience in a bordering state will 15 be considered qualifying hours for experience in this state 16 without requiring a waiver or authorization from the board in 17 accordance with rules and standards adopted by the board , as 18 long as a majority of qualifying hours are completed in this 19 state . Qualifying hours completed in a bordering state shall 20 be under the direct supervision of a certified real estate 21 appraiser with active certification in that bordering state. 22 The board shall prescribe a required minimum number of tested 23 hours of education relating to the provisions of this chapter , 24 the uniform appraisal standards, and other rules issued in 25 accordance with this chapter . 26 Sec. 42. Section 543D.13, Code 2024, is amended to read as 27 follows: 28 543D.13 Principal place of business. 29 1. Each certified real estate appraiser shall advise the 30 board of the address of the appraiser’s principal place of 31 business and all other addresses at which the appraiser is 32 currently engaged in the business of preparing real estate 33 appraisal reports . 34 2. When a certified real estate appraiser changes the 35 -17- LSB 5103XL (6) 90 je/ko 17/ 28

S.F. _____ H.F. _____ appraiser’s principal place of business, the appraiser 1 shall immediately give written notification of the submit an 2 application for a change to the board and apply for an amended 3 certificate of address through the board’s electronic system . 4 3. Each certified real estate appraiser shall notify the 5 board of the appraiser’s current residence address. Residence 6 addresses on file with the board are exempt from disclosure as 7 public records unless the residence address is the address of 8 the appraiser’s principal place of business . 9 Sec. 43. Section 543D.14, Code 2024, is amended to read as 10 follows: 11 543D.14 Certificate. 12 A certificate issued under this chapter shall bear the 13 signature or facsimile signature name of the member or names 14 of the members of the board as designated by the board and a 15 certificate number assigned by the board. 16 Sec. 44. Section 543D.16, subsections 2 and 3, Code 2024, 17 are amended to read as follows: 18 2. The basic continuing education requirement for renewal 19 of certification shall be the completion, before June 30 of 20 the year in which the appraiser’s certificate expires, of 21 the number of hours of instruction required by the appraiser 22 qualifications board of the appraisal foundation in courses or 23 seminars which have received the preapproval of the board. 24 3. The provisions of section 272C.2, subsection 4 , shall 25 only apply to a certified real estate appraiser or an associate 26 real estate appraiser to the extent consistent with the 27 policies adopted by the appraisal appraiser qualifications 28 board of the appraisal foundation. 29 Sec. 45. Section 543D.20, subsection 1, paragraph c, Code 30 2024, is amended to read as follows: 31 c. The person is solely providing administrative services, 32 such as taking photographs, preparing charts, or typing 33 reports, and is not providing real estate appraisal assistance 34 in developing the analysis, valuation, opinions, or conclusions 35 -18- LSB 5103XL (6) 90 je/ko 18/ 28