H.F. 2433 Section 1. Section 9A.105, subsection 1, paragraph h, Code 1 2011, is amended to read as follows: 2 h. Whether the applicant or any person named pursuant to 3 paragraph “g” has been convicted of a crime felony that, if 4 committed in this state, would be a crime involving moral 5 turpitude or which is a felony , and identify the crime felony . 6 Sec. 2. Section 9A.106, subsection 2, paragraph a, Code 7 2011, is amended to read as follows: 8 a. Been convicted of a crime felony that, if committed in 9 this state, would be a crime involving moral turpitude or a 10 felony . 11 Sec. 3. Section 17A.3, subsection 1, paragraph a, Code 2011, 12 is amended to read as follows: 13 a. (1) Adopt as a rule a description of the organization of 14 the agency which states the general course and method of its 15 operations, the administrative subdivisions of the agency and 16 the programs implemented by each of them, a statement of the 17 mission of the agency, and the methods by which and location 18 where the public may obtain information or make submissions or 19 requests. 20 (2) Each board, commission, or other multimember agency 21 shall follow Robert’s rules of order, in governing the conduct 22 of agency meetings unless it is inconsistent with Iowa law. 23 Sec. 4. Section 17A.4, subsection 1, paragraph b, Code 2011, 24 is amended to read as follows: 25 b. (1) Afford all interested persons not less than twenty 26 days to submit data, views, or arguments in writing , including 27 in an electronic format . If timely requested in writing by 28 twenty-five interested persons, by a governmental subdivision, 29 by the administrative rules review committee, by an agency, or 30 by an association having not less than twenty-five members, the 31 agency must give interested persons an opportunity to make oral 32 presentation. 33 (2) The agency shall provide an opportunity to make these 34 oral presentations using the Iowa communications network 35 -1- HF 2433 (5) 84 jr/rj 1/ 12

H.F. 2433 or other electronic means if a request is received from 1 twenty-five interested persons residing in the same city or 2 county. 3 (3) The opportunity for oral presentation must be held 4 at least twenty days after publication of the notice of its 5 time and place in the Iowa administrative bulletin. The 6 agency shall consider fully all written and oral submissions 7 respecting the proposed rule. Within one hundred eighty 8 days following either the notice published according to the 9 provisions of paragraph “a” or within one hundred eighty 10 days after the last date of the oral presentations on the 11 proposed rule, whichever is later, the agency shall adopt a 12 rule pursuant to the rulemaking proceeding or shall terminate 13 the proceeding by publishing notice of termination in the Iowa 14 administrative bulletin. 15 Sec. 5. Section 17A.4, subsection 2, Code 2011, is amended 16 to read as follows: 17 2. An agency shall include in a preamble to each rule 18 it proposes or adopts a brief explanation of the principal 19 reasons for its action a specific reference to the Code 20 section or sections being implemented and a concise statement 21 of the principal reasons for and against the rule adopted, 22 incorporating in the statement the reasons for overruling 23 considerations urged against the rule and, if applicable, a 24 brief explanation of the principal reasons for its failure 25 to provide in that the rule for the waiver of the rule in 26 specified situations if no such waiver provision is included 27 in the rule. This explanatory requirement does not apply when 28 the agency adopts a rule that only defines the meaning of a 29 provision of law if the agency does not possess delegated 30 authority to bind the courts to any extent with its definition. 31 In addition, if requested to do so by an interested person, 32 either prior to adoption or within thirty days thereafter, the 33 agency shall issue a concise statement of the principal reasons 34 for and against the rule adopted, incorporating therein the 35 -2- HF 2433 (5) 84 jr/rj 2/ 12

H.F. 2433 reasons for overruling considerations urged against the rule. 1 This concise statement shall be issued either at the time of 2 the adoption of the rule or within thirty-five days after the 3 agency receives the request. 4 Sec. 6. Section 17A.4, subsection 3, Code 2011, is amended 5 to read as follows: 6 3. a. When an agency for good cause finds that notice and 7 public participation would be unnecessary, impracticable, or 8 contrary to the public interest When the statute so provides, or 9 with the approval of the administrative rules review committee , 10 if the committee finds good cause that notice and public 11 participation would be unnecessary, impracticable, or contrary 12 to the public interest, the provisions of subsection 1 shall be 13 inapplicable. The agency shall incorporate in each rule issued 14 in reliance upon this provision either the finding and a brief 15 statement of the reasons for the finding, or a statement that 16 the rule is within a very narrowly tailored category of rules 17 whose issuance has previously been exempted from subsection 1 18 by a special rule relying on this provision and including such 19 a finding and statement of reasons for the entire category. 20 b. (1) If the administrative rules review committee by 21 a two-thirds vote, the governor, or the attorney general 22 files with the administrative code editor an objection to the 23 adoption of any a rule or portion of a rule pursuant to this 24 subsection , that the rule or portion of the rule shall cease 25 to be effective one hundred eighty days after the date the 26 objection was filed. A 27 (2) If the administrative rules review committee files with 28 the administrative code editor an objection to the adoption of 29 a rule or portion of a rule pursuant to this subsection, the 30 administrative rules review committee, by a separate two-thirds 31 vote, may suspend the applicability of the rule or portion 32 of the rule until the rule ceases to be effective under this 33 paragraph “b” . The determination to suspend the applicability 34 of the rule or portion of the rule shall be included in the copy 35 -3- HF 2433 (5) 84 jr/rj 3/ 12

H.F. 2433 of the objection to be forwarded to the agency. 1 c. If an objection to a rule is filed under this subsection, 2 a copy of the objection, properly dated, shall be forwarded to 3 the agency at the time of filing the objection. In any action 4 contesting a rule or portion of a rule adopted pursuant to 5 this subsection , the burden of proof shall be on the agency to 6 show that the procedures of subsection 1 were impracticable, 7 unnecessary, or contrary to the public interest and that, if a 8 category of rules was involved, the category was very narrowly 9 tailored. 10 Sec. 7. Section 17A.4, subsection 7, Code 2011, is amended 11 to read as follows: 12 7. a. Upon the vote of two-thirds of its members the 13 administrative rules review committee may delay the effective 14 date of a rule or portion of a rule seventy days beyond that 15 permitted in section 17A.5 , unless the rule was promulgated 16 under section 17A.5, subsection 2 , paragraph “b” . This 17 provision shall be utilized by the committee only if further 18 time is necessary to study and examine the rule. If the 19 rule was promulgated under section 17A.5, subsection 2, 20 paragraph “b” , the administrative rules review committee, 21 within thirty-five days of the effective date of the rule and 22 upon the vote of two-thirds of its members, may suspend the 23 applicability of the rule or portion of the rule for seventy 24 days. 25 b. Notice of an effective date that was delayed under this 26 provision shall be published in the Iowa administrative code 27 and bulletin. 28 Sec. 8. Section 17A.4, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 9. Upon the vote of two-thirds of its 31 members, the administrative rules review committee, following 32 notice of intended action as provided in subsection 1 and prior 33 to adoption of a rule pursuant to that notice, may suspend 34 further action relating to that notice for seventy days. 35 -4- HF 2433 (5) 84 jr/rj 4/ 12

H.F. 2433 Notice of a notice of intended action that was suspended under 1 this provision shall be published in the Iowa administrative 2 code and bulletin. 3 Sec. 9. NEW SECTION . 17A.6A Rulemaking internet site. 4 1. Subject to the direction of the administrative rules 5 coordinator, each agency shall make available to the public 6 a uniform, searchable, and user-friendly rules database, 7 published on an internet site. 8 2. An agency’s rulemaking internet site shall also make 9 available to the public all of the following: 10 a. A brief summary of the rulemaking process, including a 11 description of any opportunity for public participation in the 12 process. 13 b. Process forms for filing comments or complaints 14 concerning proposed or adopted rules. 15 c. Process forms and instructions for filing a petition for 16 rulemaking, a petition for a declaratory order, or a request 17 for a waiver of an administrative rule. 18 d. Any other material prescribed by the administrative rules 19 coordinator. 20 3. To the extent practicable, the administrative rules 21 coordinator shall create a uniform format for rulemaking 22 internet sites. 23 Sec. 10. Section 17A.8, subsection 4, Code 2011, is amended 24 to read as follows: 25 4. a. The committee shall choose a chairperson from its 26 membership and prescribe its rules of procedure. The committee 27 may employ a secretary or may appoint the administrative code 28 editor or a designee to act as secretary. 29 b. The chairperson of the committee shall be chosen as 30 provided in this paragraph. For the term commencing with the 31 convening of the first regular session of each general assembly 32 and ending upon the convening of the second regular session 33 of that general assembly, the chairperson shall be chosen by 34 the committee from its members who are members of the house of 35 -5- HF 2433 (5) 84 jr/rj 5/ 12

H.F. 2433 representatives. For the term commencing with the convening 1 of the second regular session of each general assembly and 2 ending upon the convening of the first regular session of the 3 next general assembly, the chairperson shall be chosen by the 4 committee from its members who are members of the senate. A 5 vacancy shall be filled in the same manner as the original 6 appointment and shall be for the remainder of the unexpired 7 term of the vacancy. 8 Sec. 11. Section 17A.8, subsection 9, Code 2011, is amended 9 to read as follows: 10 9. a. Upon a vote of two-thirds of its members, the 11 administrative rules review committee may delay the effective 12 date of a rule or portion of a rule until the adjournment 13 of the next regular session of the general assembly , unless 14 the rule was promulgated under section 17A.5, subsection 2, 15 paragraph “b” . If the rule was promulgated under section 16 17A.5, subsection 2, paragraph “b” , the administrative rules 17 review committee, within thirty-five days of the effective date 18 of the rule and upon the vote of two-thirds of its members, 19 may suspend the applicability of the rule or portion of the 20 rule until the adjournment of the next regular session of the 21 general assembly. 22 b. The committee shall refer a rule or portion of a rule 23 whose effective date has been delayed or applicability has 24 been suspended to the speaker of the house of representatives 25 and the president of the senate who shall refer the delayed 26 or suspended rule or portion of the rule to the appropriate 27 standing committees of the general assembly. A standing 28 committee shall review a the rule within twenty-one days 29 after the rule is referred to the committee by the speaker 30 of the house of representatives or the president of the 31 senate and shall take formal committee action by sponsoring 32 a joint resolution to disapprove the rule, by proposing 33 legislation relating to the rule, or by refusing to propose 34 a joint resolution or legislation concerning the rule. The 35 -6- HF 2433 (5) 84 jr/rj 6/ 12

H.F. 2433 standing committee shall inform the administrative rules review 1 committee of the committee action taken concerning the rule. 2 If the general assembly has not disapproved of the rule by a 3 joint resolution, the rule shall become effective. The speaker 4 of the house of representatives and the president of the senate 5 shall notify the administrative code editor of the final 6 disposition of each rule or portion of a rule whose effective 7 date has been delayed or whose applicability has been suspended 8 pursuant to this subsection . If a the rule is disapproved, it 9 the rule shall not become be effective and the agency shall 10 rescind the rule. This section shall not apply to rules made 11 effective under section 17A.5, subsection 2 , paragraph “b” . 12 Sec. 12. Section 17A.23, Code 2011, is amended to read as 13 follows: 14 17A.23 Construction —— delegation of authority . 15 1. Except as expressly provided otherwise by this chapter 16 or by another statute referring to this chapter by name, the 17 rights created and the requirements imposed by this chapter 18 shall be in addition to those created or imposed by every other 19 statute in existence on July 1, 1975, or enacted after that 20 date. If any other statute in existence on July 1, 1975, or 21 enacted after that date diminishes a right conferred upon a 22 person by this chapter or diminishes a requirement imposed upon 23 an agency by this chapter , this chapter shall take precedence 24 unless the other statute expressly provides that it shall take 25 precedence over all or some specified portion of this named 26 cited chapter. 27 2. This chapter shall be construed broadly to effectuate 28 its purposes. This chapter shall also be construed to apply 29 to all agencies not expressly exempted by this chapter or by 30 another statute specifically referring to this chapter by name 31 citation ; and except as to proceedings in process on July 1, 32 1975, this chapter shall be construed to apply to all covered 33 agency proceedings and all agency action not expressly exempted 34 by this chapter or by another statute specifically referring to 35 -7- HF 2433 (5) 84 jr/rj 7/ 12

H.F. 2433 this chapter by name citation . 1 3. An agency shall have only that authority or discretion 2 delegated to or conferred upon the agency by law and shall not 3 expand or enlarge its authority or discretion beyond the powers 4 delegated to or conferred upon the agency. Unless otherwise 5 specifically provided in statute, a grant of rulemaking 6 authority shall be construed narrowly. 7 Sec. 13. NEW SECTION . 17A.24 Rule implementation of federal 8 statute, regulation, or policy. 9 1. Except as otherwise explicitly authorized by state law, 10 an agency charged with the implementation of a federal statute, 11 regulation, or policy shall not implement the federal statute, 12 regulation, or policy in a manner that exceeds the specific 13 requirements of the federal statute, regulation, or policy. 14 2. Any portion of an agency rule or policy that implements 15 a federal statute, regulation, or policy and that exceeds the 16 specific requirements of the federal statute, regulation, or 17 policy is automatically superceded by the specific requirements 18 of that federal statute, regulation, or policy. 19 Sec. 14. Section 80A.4, subsection 1, paragraph g, Code 20 2011, is amended to read as follows: 21 g. Has not been convicted of a crime described in section 22 708.3 , 708.4 , 708.5 , 708.6 , 708.8 , or 708.9 felony . 23 Sec. 15. Section 99D.7, subsection 19, Code Supplement 24 2011, is amended to read as follows: 25 19. To revoke or suspend licenses and impose fines not to 26 exceed one thousand dollars. The commission shall not treat 27 a deferred judgment or a final order resulting in a deferred 28 judgment, as deferred judgment is defined in section 907.1, 29 as a conviction in determining whether there are grounds for 30 licensee discipline or license denial, unless the deferred 31 judgment is withdrawn and judgment is entered as provided in 32 section 907.3, subsection 1. 33 Sec. 16. Section 99F.4, subsection 12, Code 2011, is amended 34 to read as follows: 35 -8- HF 2433 (5) 84 jr/rj 8/ 12

H.F. 2433 12. To assess a fine and revoke or suspend licenses. The 1 commission shall not treat a deferred judgment or a final 2 order resulting in a deferred judgment, as deferred judgment 3 is defined in section 907.1, as a conviction in determining 4 whether there are grounds for licensee discipline or license 5 denial, unless the deferred judgment is withdrawn and judgment 6 is entered as provided in section 907.3, subsection 1. 7 Sec. 17. Section 99G.24, subsection 7, paragraph a, Code 8 2011, is amended to read as follows: 9 a. Has been convicted of a criminal offense felony, an 10 aggravated misdemeanor, or public offense related to the 11 security or integrity of the lottery in this or any other 12 jurisdiction. 13 Sec. 18. Section 99G.24, subsection 7, paragraph a, Code 14 2011, is amended to read as follows: 15 a. Has been convicted of a criminal offense an aggravated 16 misdemeanor or felony related to the security or integrity of 17 the lottery in this or any other jurisdiction. 18 Sec. 19. Section 135C.33, subsection 1, paragraph a, Code 19 2011, is amended to read as follows: 20 a. For the purposes of this section , the term “crime” does 21 not include offenses under chapter 321 classified as a simple 22 misdemeanor or equivalent simple misdemeanor offenses from 23 another jurisdiction means an aggravated misdemeanor or felony . 24 Sec. 20. Section 147.55, subsection 5, Code 2011, is amended 25 to read as follows: 26 5. Conviction of a crime an aggravated misdemeanor or felony 27 related to the profession or occupation of the licensee or the 28 conviction of any crime an aggravated misdemeanor or felony 29 that would directly affect the licensee’s ability to practice 30 within a profession. A copy of the record of conviction or 31 plea of guilty shall be conclusive evidence of the conviction . 32 Sec. 21. Section 148.6, subsection 2, paragraph b, Code 33 2011, is amended to read as follows: 34 b. Being convicted of a felony in the courts of this state 35 -9- HF 2433 (5) 84 jr/rj 9/ 12

H.F. 2433 or another state, territory, or country. Conviction as used in 1 this paragraph shall include a conviction of an offense which 2 if committed in this state would be deemed a felony without 3 regard to its designation elsewhere , or a criminal proceeding 4 in which a finding or verdict of guilt is made or returned, but 5 the adjudication of guilt is either withheld or not entered . 6 A certified copy of the final order or judgment of conviction 7 or plea of guilty in this state or in another state shall be 8 conclusive evidence of the conviction . 9 Sec. 22. Section 153.34, subsection 9, Code 2011, is amended 10 to read as follows: 11 9. For the conviction of a felony in the courts of this 12 state or another state, territory, or country. Conviction as 13 used in this subsection includes a conviction of an offense 14 which if committed in this state would be a felony without 15 regard to its designation elsewhere , and includes a finding or 16 verdict of guilt made or returned in a criminal proceeding even 17 if the adjudication of guilt is withheld or not entered . A 18 certified copy of the final order or judgment of conviction or 19 plea of guilty in this state or in another state constitutes 20 conclusive evidence of the conviction. 21 Sec. 23. Section 156.9, subsection 2, paragraph e, Code 22 2011, is amended to read as follows: 23 e. Conviction of any crime an aggravated misdemeanor 24 or felony related to the practice of mortuary science or 25 implicating the licensee’s competence to safely perform 26 mortuary science services, including but not limited to a 27 crime an aggravated misdemeanor or felony involving moral 28 character, dishonesty, fraud, theft, embezzlement, extortion, 29 or controlled substances, in a court of competent jurisdiction 30 in this state, or in another state, territory, or district of 31 the United States, or in a foreign jurisdiction. For purposes 32 of this paragraph, “conviction” includes a guilty plea, deferred 33 judgment, or other finding of guilt. A certified copy of the 34 judgment is prima facie conclusive evidence of the conviction. 35 -10- HF 2433 (5) 84 jr/rj 10/ 12

H.F. 2433 Sec. 24. Section 169.13, subsection 1, paragraph b, Code 1 2011, is amended to read as follows: 2 b. Being convicted of a felony in the courts of this state 3 or another state, territory, or country. Conviction as used 4 in this paragraph includes a conviction of an offense which 5 if committed in this state would be deemed a felony without 6 regard to its designation elsewhere , or a criminal proceeding 7 in which a finding or verdict of guilt is made or returned, but 8 the adjudication or guilt is either withheld or not entered . A 9 certified copy of the final order or judgment of conviction or 10 plea of guilty in this state or in another state is conclusive 11 evidence of the conviction . 12 Sec. 25. Section 272C.1, subsection 6, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . ag. The state racing and gaming commission 15 created pursuant to section 99D.5. 16 Sec. 26. Section 272C.3, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5. Notwithstanding any other provision 19 of law to the contrary, a licensing board shall not treat a 20 deferred judgment or a final order resulting in a deferred 21 judgment, as deferred judgment is defined in section 907.1, 22 as a conviction in determining whether there are grounds for 23 licensee discipline or license denial, unless the deferred 24 judgment is withdrawn and judgment is entered as provided in 25 section 907.3, subsection 1. 26 Sec. 27. Section 523A.503, subsection 1, paragraph f, Code 27 2011, is amended to read as follows: 28 f. Conviction of a criminal offense an aggravated 29 misdemeanor or felony involving dishonesty or a false statement 30 including but not limited to fraud, theft, misappropriation of 31 funds, falsification of documents, deceptive acts or practices, 32 or other related offenses. 33 Sec. 28. Section 543B.15, subsection 3, paragraph c, Code 34 2011, is amended by striking the paragraph. 35 -11- HF 2433 (5) 84 jr/rj 11/ 12

H.F. 2433 Sec. 29. Section 543B.29, subsection 1, paragraph f, 1 unnumbered paragraph 1, Code Supplement 2011, is amended by 2 striking the unnumbered paragraph. 3 Sec. 30. ENVIRONMENTAL REGULATION STUDY. 4 1. The legislative council, in consultation with the 5 department of natural resources, shall establish a study to 6 analyze the projected financial effects of current and proposed 7 United States environmental protection agency regulations and 8 Iowa department of natural resources rules on Iowa cities over 9 a ten-year period. 10 2. The study should include an analysis of projected 11 financial costs of such regulations and rules on a hypothetical 12 small Iowa community, medium-sized Iowa community, and large 13 Iowa community. 14 3. The study shall be concluded by June 30, 2013, and a 15 report shall be provided to the members of the general assembly 16 and to the governor. 17 -12- HF 2433 (5) 84 jr/rj 12/ 12