House File 2627 - Reprinted HOUSE FILE 2627 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2470) (SUCCESSOR TO HSB 647) (As Amended and Passed by the House June 12, 2020 ) A BILL FOR An Act relating to governmental and regulatory matters 1 including the granting and renewal of licenses, 2 certificates, and registrations, and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2627 (2) 88 ss/rh/md
H.F. 2627 DIVISION I 1 PROFESSIONAL LICENSING 2 Section 1. Section 103.6, subsection 1, paragraph e, Code 3 2020, is amended by striking the paragraph. 4 Sec. 2. Section 103.9, subsection 3, Code 2020, is amended 5 by striking the subsection. 6 Sec. 3. Section 103.10, subsection 6, Code 2020, is amended 7 by striking the subsection. 8 Sec. 4. Section 103.12, subsection 6, Code 2020, is amended 9 by striking the subsection. 10 Sec. 5. Section 103.12A, subsection 4, Code 2020, is amended 11 by striking the subsection. 12 Sec. 6. Section 103.13, subsection 4, Code 2020, is amended 13 by striking the subsection. 14 Sec. 7. Section 103.15, subsection 7, Code 2020, is amended 15 by striking the subsection. 16 Sec. 8. Section 105.10, subsection 5, Code 2020, is amended 17 by striking the subsection. 18 Sec. 9. Section 105.22, subsection 4, Code 2020, is amended 19 by striking the subsection. 20 Sec. 10. Section 135.105A, subsection 5, Code 2020, is 21 amended to read as follows: 22 5. The department shall adopt rules regarding minimum 23 requirements for lead inspector, lead abater, and lead-safe 24 renovator training programs, certification, work practice 25 standards, and suspension and revocation requirements, and 26 shall implement the training and certification programs. Rules 27 adopted pursuant to this subsection shall comply with chapter 28 272C. The department shall seek federal funding and shall 29 establish fees in amounts sufficient to defray the cost of the 30 programs. The fees shall be used for any of the department’s 31 duties under this subchapter , including but not limited 32 to the costs of full-time equivalent positions for program 33 services and investigations. Fees received shall be considered 34 repayment receipts as defined in section 8.2 . 35 -1- HF 2627 (2) 88 ss/rh/md 1/ 18
H.F. 2627 Sec. 11. Section 147.3, Code 2020, is amended to read as 1 follows: 2 147.3 Qualifications. 3 An applicant for a license to practice a profession under 4 this subtitle is not ineligible because of age, citizenship, 5 sex, race, religion, marital status, or national origin, 6 although the application form may require citizenship 7 information. A board may consider the past criminal record of 8 an applicant only if the conviction relates to the practice of 9 the profession for which the applicant requests to be licensed. 10 Sec. 12. Section 147.55, subsection 5, Code 2020, is amended 11 by striking the subsection. 12 Sec. 13. Section 147A.7, subsection 1, paragraph j, Code 13 2020, is amended by striking the paragraph. 14 Sec. 14. Section 148.6, subsection 2, paragraph b, Code 15 2020, is amended by striking the paragraph. 16 Sec. 15. Section 148H.7, subsection 1, paragraph a, Code 17 2020, is amended by striking the paragraph. 18 Sec. 16. Section 151.9, subsection 5, Code 2020, is amended 19 by striking the subsection. 20 Sec. 17. Section 152.10, subsection 2, paragraph c, Code 21 2020, is amended by striking the paragraph. 22 Sec. 18. Section 153.34, subsection 9, Code 2020, is amended 23 by striking the subsection. 24 Sec. 19. Section 154A.24, subsection 1, Code 2020, is 25 amended by striking the subsection. 26 Sec. 20. Section 156.9, subsection 2, paragraph e, Code 27 2020, is amended by striking the paragraph. 28 Sec. 21. Section 272.1, Code 2020, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5A. “Offense directly relates” refers to 31 either of the following: 32 a. The actions taken in furtherance of an offense are 33 actions customarily performed within the scope of practice of 34 a licensed profession. 35 -2- HF 2627 (2) 88 ss/rh/md 2/ 18
H.F. 2627 b. The circumstances under which an offense was committed 1 are circumstances customary to a licensed profession. 2 Sec. 22. Section 272.2, subsection 14, paragraph a, Code 3 2020, is amended to read as follows: 4 a. The board may deny a license to or revoke the license 5 of a person upon the board’s finding by a preponderance of 6 evidence that either the person has been convicted of a crime 7 an offense and the offense directly relates to the duties and 8 responsibilities of the profession or that there has been 9 a founded report of child abuse against the person. Rules 10 adopted in accordance with this paragraph shall provide that 11 in determining whether a person should be denied a license or 12 that a practitioner’s license should be revoked, the board 13 shall consider the nature and seriousness of the founded abuse 14 or crime in relation to the position sought, the time elapsed 15 since the crime was committed, the degree of rehabilitation 16 which has taken place since the incidence of founded abuse or 17 the commission of the crime, the likelihood that the person 18 will commit the same abuse or crime again, and the number of 19 founded abuses committed by or criminal convictions of the 20 person involved. 21 Sec. 23. Section 272C.1, Code 2020, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 7A. “Offense directly relates” refers to 24 either of the following: 25 a. The actions taken in furtherance of an offense are 26 actions customarily performed within the scope of practice of 27 a licensed profession. 28 b. The circumstances under which an offense was committed 29 are circumstances customary to a licensed profession. 30 Sec. 24. Section 272C.4, subsection 13, Code 2020, is 31 amended by striking the subsection. 32 Sec. 25. Section 272C.10, subsection 5, Code 2020, is 33 amended by striking the subsection and inserting in lieu 34 thereof the following: 35 -3- HF 2627 (2) 88 ss/rh/md 3/ 18
H.F. 2627 5. Conviction of a felony offense, if the offense directly 1 relates to the profession or occupation of the licensee, in the 2 courts of this state or another state, territory, or country. 3 Conviction as used in this subsection includes a conviction of 4 an offense which if committed in this state would be a felony 5 without regard to its designation elsewhere, and includes a 6 finding or verdict of guilt made or returned in a criminal 7 proceeding even if the adjudication of guilt is withheld or not 8 entered. A certified copy of the final order or judgment of 9 conviction or plea of guilty in this state or in another state 10 constitutes conclusive evidence of the conviction. 11 Sec. 26. NEW SECTION . 272C.12 Licensure of persons licensed 12 in other jurisdictions. 13 1. Notwithstanding any other provision of law, an 14 occupational or professional license, certificate, or 15 registration, including a license, certificate, or registration 16 issued by the board of educational examiners, shall be issued 17 without an examination to a person who establishes residency 18 in this state or to a person who is married to an active duty 19 member of the military forces of the United States and who is 20 accompanying the member on an official permanent change of 21 station to a military installation located in this state if all 22 of the following conditions are met: 23 a. The person is currently licensed, certified, or 24 registered by at least one other issuing jurisdiction in the 25 occupation or profession applied for with a substantially 26 similar scope of practice and the license, certificate, or 27 registration is in good standing in all issuing jurisdictions 28 in which the person holds a license, certificate, or 29 registration. 30 b. The person has been licensed, certified, or registered by 31 another issuing jurisdiction for at least one year. 32 c. When the person was licensed by the issuing jurisdiction, 33 the issuing jurisdiction imposed minimum educational 34 requirements and, if applicable, work experience and clinical 35 -4- HF 2627 (2) 88 ss/rh/md 4/ 18
H.F. 2627 supervision requirements, and the issuing jurisdiction verifies 1 that the person met those requirements in order to be licensed 2 in that issuing jurisdiction. 3 d. The person previously passed an examination required by 4 the other issuing jurisdiction for licensure, certification, 5 or registration, if applicable. 6 e. The person has not had a license, certificate, or 7 registration revoked and has not voluntarily surrendered a 8 license, certificate, or registration in any other issuing 9 jurisdiction or country while under investigation for 10 unprofessional conduct. 11 f. The person has not had discipline imposed by any other 12 regulating entity in this state or another issuing jurisdiction 13 or country. If another jurisdiction has taken disciplinary 14 action against the person, the appropriate licensing board 15 shall determine if the cause for the action was corrected and 16 the matter resolved. If the licensing board determines that 17 the matter has not been resolved by the jurisdiction imposing 18 discipline, the licensing board shall not issue or deny a 19 license, certificate, or registration to the person until the 20 matter is resolved. 21 g. The person does not have a complaint, allegation, or 22 investigation pending before any regulating entity in another 23 issuing jurisdiction or country that relates to unprofessional 24 conduct. If the person has any complaints, allegations, or 25 investigations pending, the appropriate licensing board shall 26 not issue or deny a license, certificate, or registration to 27 the person until the complaint, allegation, or investigation 28 is resolved. 29 h. The person pays all applicable fees. 30 i. The person does not have a criminal history that would 31 prevent the person from holding the license, certificate, or 32 registration applied for in this state. 33 2. A person licensed pursuant to this section is subject to 34 the laws regulating the person’s practice in this state and is 35 -5- HF 2627 (2) 88 ss/rh/md 5/ 18
H.F. 2627 subject to the jurisdiction of the appropriate licensing board. 1 3. This section does not apply to any of the following: 2 a. The ability of a licensing board, agency, or department 3 to require the submission of fingerprints or completion of a 4 criminal history check. 5 b. Criteria for a license, certificate, or registration that 6 is established by an interstate compact. 7 c. The ability of a licensing board, agency, or department 8 to require a person to take and pass an examination specific to 9 the laws of this state prior to issuing a license. A licensing 10 board, agency, or department that requires an applicant to take 11 and pass an examination specific to the laws of this state 12 shall issue an applicant a temporary license that is valid 13 for a period of three months and may be renewed once for an 14 additional period of three months. 15 d. A license issued by the department of transportation. 16 e. A person who is licensed by another issuing jurisdiction 17 and is granted a privilege to practice in this state by another 18 provision of law without receiving a license in this state. 19 f. A person applying for a license through a national 20 licensing organization. 21 4. A license, certificate, or registration issued 22 pursuant to this section does not grant the person receiving 23 the license, certificate, or registration eligibility to 24 practice pursuant to an interstate compact. A licensing 25 board shall determine eligibility for a person to hold a 26 license, certificate, or registration pursuant to this section 27 regardless of the person’s eligibility to practice pursuant to 28 an interstate compact. 29 5. For the purposes of this section, “issuing jurisdiction” 30 means the duly constituted authority in another state that has 31 issued a professional license, certificate, or registration to 32 a person. 33 Sec. 27. NEW SECTION . 272C.13 Educational requirements —— 34 work experience. 35 -6- HF 2627 (2) 88 ss/rh/md 6/ 18
H.F. 2627 1. Except as provided in subsection 2, a person applying 1 for a professional or occupational license, certificate, 2 or registration in this state who relocates to this state 3 from another state that did not require a professional or 4 occupational license, certificate, or registration to practice 5 the person’s profession or occupation may be considered to have 6 met any education, training, or work experience requirements 7 imposed by a licensing board in this state if the person 8 has three or more years of related work experience with a 9 substantially similar scope of practice within the four years 10 preceding the date of application as determined by the board. 11 2. This section does not apply to a license, certificate, 12 or registration issued by the board of medicine, the board of 13 nursing, the dental board, the board of pharmacy, or the board 14 of educational examiners. 15 3. If this Code or administrative rules require 16 a person applying for a professional or occupational 17 license, certificate, or registration in this state to 18 pass an examination to obtain the license, certificate, or 19 registration, a person applying for licensure, certification, 20 or registration under this section shall be required to pass 21 the same examination. 22 Sec. 28. NEW SECTION . 272C.14 Waiver of fees. 23 A licensing board, agency, or department shall waive any 24 fee charged to an applicant for a license if the applicant’s 25 household income does not exceed two hundred percent of the 26 federal poverty income guidelines and the applicant is applying 27 for the license for the first time in this state. 28 Sec. 29. NEW SECTION . 272C.15 Disqualifications for 29 criminal convictions limited. 30 1. Notwithstanding any other provision of law to the 31 contrary, except for chapter 272, a person’s conviction of a 32 crime may be grounds for the denial, revocation, or suspension 33 of a license only if an unreasonable risk to public safety 34 exists because the offense directly relates to the duties 35 -7- HF 2627 (2) 88 ss/rh/md 7/ 18
H.F. 2627 and responsibilities of the profession and the appropriate 1 licensing board, agency, or department does not grant an 2 exception pursuant to subsection 4. 3 2. A licensing board, agency, or department that may deny a 4 license on the basis of an applicant’s conviction record shall 5 provide a list of the specific convictions that may disqualify 6 an applicant from receiving a license. Any such offense 7 shall be an offense that directly relates to the duties and 8 responsibilities of the profession. 9 3. A licensing board, agency, or department shall not deny 10 an application for a license on the basis of an arrest that 11 was not followed by a conviction or based on a finding that an 12 applicant lacks good character, suffers from moral turpitude, 13 or on other similar basis. 14 4. A licensing board, agency, or department shall grant 15 an exception to an applicant who would otherwise be denied a 16 license due to a criminal conviction if the following factors 17 establish by clear and convincing evidence that the applicant 18 is rehabilitated and an appropriate candidate for licensure: 19 a. The nature and seriousness of the crime for which the 20 applicant was convicted. 21 b. The amount of time that has passed since the commission 22 of the crime. There is a rebuttable presumption that an 23 applicant is rehabilitated and an appropriate candidate 24 for licensure five years after the date of the applicant’s 25 release from incarceration, provided that the applicant was 26 not convicted of sexual abuse in violation of section 709.4, 27 a sexually violent offense as defined in section 229A.2, 28 dependent adult abuse in violation of section 235B.20, a 29 forcible felony as defined in section 702.11, or domestic abuse 30 assault in violation of section 708.2A, and the applicant 31 has not been convicted of another crime after release from 32 incarceration. 33 c. The circumstances relative to the offense, including any 34 aggravating and mitigating circumstances or social conditions 35 -8- HF 2627 (2) 88 ss/rh/md 8/ 18
H.F. 2627 surrounding the commission of the offense. 1 d. The age of the applicant at the time the offense was 2 committed. 3 e. Any treatment undertaken by the applicant. 4 f. Whether a certification of employability has been issued 5 to the applicant pursuant to section 906.19. 6 g. Any letters of reference submitted on behalf of the 7 applicant. 8 h. All other relevant evidence of rehabilitation and present 9 fitness of the applicant. 10 5. An applicant may petition the relevant licensing board, 11 agency, or department, in a form prescribed by the board, 12 agency, or department, for a determination as to whether the 13 applicant’s criminal record will prevent the applicant from 14 receiving a license. The board, agency, or department shall 15 issue such a determination at the next regularly scheduled 16 meeting of the board, agency, or department or within thirty 17 days of receiving the petition, whichever is later. The 18 board, agency, or department shall hold a closed session 19 while determining whether an applicant’s criminal record will 20 prevent the applicant from receiving a license and while 21 determining whether to deny an applicant’s application on 22 the basis of an applicant’s criminal conviction. A board, 23 agency, or department may charge a fee to recoup the costs of 24 such a determination, provided that such fee shall not exceed 25 twenty-five dollars. 26 6. a. A licensing board, agency, or department that 27 denies an applicant a license solely or partly because of 28 the applicant’s prior conviction of a crime shall notify the 29 applicant in writing of all of the following: 30 (1) The grounds for the denial or disqualification. 31 (2) That the applicant has the right to a hearing to 32 challenge the licensing authority’s decision. 33 (3) The earliest date the applicant may submit a new 34 application. 35 -9- HF 2627 (2) 88 ss/rh/md 9/ 18
H.F. 2627 (4) That evidence of rehabilitation of the applicant may be 1 considered upon reapplication. 2 b. A determination by a licensing board, agency, or 3 department that an applicant’s criminal conviction is 4 specifically listed as a disqualifying conviction and the 5 offense directly relates to the duties and responsibilities 6 of the applicant’s profession must be documented in written 7 findings for each factor specified in subsection 4 sufficient 8 for a review by a court. 9 c. In any administrative or civil hearing authorized by 10 this section or chapter 17A, a licensing board, agency, or 11 department shall carry the burden of proof on the question of 12 whether the applicant’s criminal offense directly relates to 13 the duties and responsibilities of the profession for which the 14 license is sought. 15 7. A board, agency, or department may require an applicant 16 with a criminal record to submit the applicant’s complete 17 criminal record detailing an applicant’s offenses with an 18 application. A board, agency, or department may also require 19 an applicant with a criminal record to submit a personal 20 statement regarding whether each offense directly relates to 21 the duties and performance of the applicant’s occupation. For 22 the purposes of this subsection, “complete criminal record” 23 includes the complaint and judgment of conviction for each 24 offense of which the applicant has been convicted. 25 Sec. 30. RULEMAKING PROCEDURES AND APPLICABILITY. 26 1. The boards designated in section 147.13 other than the 27 board of medicine, the board of nursing, the dental board, and 28 the board of pharmacy, when carrying out rulemaking pursuant 29 to chapter 17A to implement the provisions of this division 30 of this Act, shall each adopt the same rules, which shall be 31 applicable to all such boards. The bureau of professional 32 licensure of the department of public health shall assist the 33 boards in carrying out such rulemaking. 34 2. The accountancy examining board, the architectural 35 -10- HF 2627 (2) 88 ss/rh/md 10/ 18
H.F. 2627 examining board, the engineering and land surveying examining 1 board, the interior design examining board, the landscape 2 architectural examining board, and the real estate commission, 3 when carrying out rulemaking pursuant to chapter 17A to 4 implement the provisions of this Act, shall each adopt the same 5 rules, which shall be applicable to all such boards and the 6 real estate commission. The professional licensing bureau of 7 the department of commerce shall assist the boards and the real 8 estate commission in carrying out such rulemaking. 9 3. This section shall not apply to any rulemaking pursuant 10 to chapter 17A by a board or commission to implement the 11 provisions of this Act that the board or commission determines 12 is necessary to address circumstances or legal requirements 13 uniquely applicable to the board or commission. 14 Sec. 31. EFFECTIVE DATE. This division of this Act takes 15 effect January 1, 2021. 16 DIVISION II 17 MISCELLANEOUS CHANGES 18 Sec. 32. Section 22.2, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 2A. If feasible, the custodian of a public 21 record may provide for the electronic examination and copying 22 of a public record in lieu of requiring in-person examination 23 and copying of a public record. This subsection does not apply 24 to searches of all indexes, general and specific, of public 25 records relating to documents, instruments, and muniments of 26 title, for the purpose of performing title searches, real 27 property searches, or creating real property abstracts. 28 Sec. 33. Section 22.4, Code 2020, is amended to read as 29 follows: 30 22.4 Hours when available Public records requests . 31 The rights of persons under this chapter may be exercised 32 under any of the following circumstances: 33 1. In person, at any time during the customary office hours 34 of the lawful custodian of the records. However, if the lawful 35 -11- HF 2627 (2) 88 ss/rh/md 11/ 18
H.F. 2627 custodian does not have customary office hours of at least 1 thirty hours per week, such right may be exercised at any time 2 from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday 3 through Friday, excluding legal holidays, unless the person 4 exercising such right and the lawful custodian agree on a 5 different time. 6 2. In writing, by telephone, or by electronic means. The 7 lawful custodian of the records shall post information for 8 making such requests in a manner reasonably calculated to 9 apprise the public of that information. 10 Sec. 34. Section 80A.1, subsection 12, Code 2020, is amended 11 to read as follows: 12 12. “Private security business” means a business of 13 furnishing, for hire or reward, guards, watch personnel, 14 armored car personnel, patrol personnel, or other persons to 15 protect persons or property, to prevent the unlawful taking of 16 goods and merchandise, or to prevent the misappropriation or 17 concealment of goods, merchandise, money, securities, or other 18 valuable documents or papers, and includes an individual who 19 for hire patrols, watches, or guards a residential, industrial, 20 or business property or district. “Private security business” 21 does not include a business for debt collection as defined in 22 section 537.7102. 23 Sec. 35. Section 89A.3, subsection 2, paragraph i, Code 24 2020, is amended to read as follows: 25 i. The amount of fees charged and collected for inspection, 26 permits, and commissions. Fees shall be set at an amount 27 sufficient to cover costs as determined from consideration 28 of the reasonable time required to conduct an inspection, 29 reasonable hourly wages paid to inspectors, and reasonable 30 transportation and similar expenses. The safety board shall 31 also be authorized to consider setting reduced fees for 32 nonprofit associations and nonprofit corporations, as described 33 in chapters 501B and 504. 34 Sec. 36. Section 125.38, subsection 1, Code 2020, is amended 35 -12- HF 2627 (2) 88 ss/rh/md 12/ 18
H.F. 2627 to read as follows: 1 1. Subject to reasonable rules regarding hours of 2 visitation which the department may adopt, a patient in 3 a facility shall be granted an opportunity for adequate 4 consultation with counsel, and for continuing contact with 5 family and friends consistent with an effective treatment 6 program , provided that such consultation and contact may be 7 provided telephonically or electronically . 8 Sec. 37. Section 135B.5, subsection 1, Code 2020, is amended 9 to read as follows: 10 1. Upon receipt of an application for license and the 11 license fee, the department shall issue a license if the 12 applicant and hospital facilities comply with this chapter , 13 chapter 135 , and the rules of the department. Each licensee 14 shall receive annual reapproval upon payment of five hundred 15 dollars and upon filing of an application form which is 16 available from the department. The annual licensure fee shall 17 be dedicated to support and provide educational programs on 18 regulatory issues for hospitals licensed under this chapter in 19 consultation with the hospital licensing board . Licenses shall 20 be either general or restricted in form. Each license shall be 21 issued only for the premises and persons or governmental units 22 named in the application and is not transferable or assignable 23 except with the written approval of the department. Licenses 24 shall be posted in a conspicuous place on the licensed premises 25 as prescribed by rule of the department. 26 Sec. 38. Section 135B.7, subsection 1, paragraph a, Code 27 2020, is amended to read as follows: 28 a. The department, with the advice and approval of the 29 hospital licensing board and approval of the state board of 30 health, shall adopt rules setting out the standards for the 31 different types of hospitals to be licensed under this chapter . 32 The department shall enforce the rules. 33 Sec. 39. Section 272.2, subsection 1, paragraph a, Code 34 2020, is amended to read as follows: 35 -13- HF 2627 (2) 88 ss/rh/md 13/ 18
H.F. 2627 a. License practitioners, which includes the authority to 1 establish criteria for the licenses; establish issuance and 2 renewal requirements , provided that a continuing education 3 requirement may be completed by electronic means ; create 4 application and renewal forms; create licenses that authorize 5 different instructional functions or specialties; develop a 6 code of professional rights and responsibilities, practices, 7 and ethics, which shall, among other things, address the 8 failure of a practitioner to fulfill contractual obligations 9 under section 279.13 ; and develop any other classifications, 10 distinctions, and procedures which may be necessary to exercise 11 licensing duties. In addressing the failure of a practitioner 12 to fulfill contractual obligations, the board shall consider 13 factors beyond the practitioner’s control. 14 Sec. 40. Section 483A.24, subsection 3, paragraph a, Code 15 2020, is amended to read as follows: 16 a. Fifty of the nonresident deer hunting licenses shall 17 be allocated as requested by a majority of a committee 18 consisting of the majority leader of the senate, speaker of 19 the house of representatives, and director of the economic 20 development authority, or their designees determined by the 21 department . The licenses provided pursuant to this subsection 22 shall be in addition to the number of nonresident licenses 23 authorized pursuant to section 483A.8 . The purpose of the 24 special nonresident licenses is to allow state officials and 25 local development groups to promote the state and its natural 26 resources to nonresident guests and dignitaries. Photographs, 27 videotapes, or any other form of media resulting from the 28 hunting visitation shall not be used for political campaign 29 purposes. The nonresident licenses shall be issued without 30 application upon purchase of a nonresident annual hunting 31 license that includes the wildlife habitat fee and the purchase 32 of a nonresident deer hunting license. The licenses are valid 33 in all zones open to deer hunting. The hunter education 34 certificate requirement pursuant to section 483A.27 is waived 35 -14- HF 2627 (2) 88 ss/rh/md 14/ 18
H.F. 2627 for a nonresident issued a license pursuant to this subsection . 1 Sec. 41. Section 483A.24, subsection 4, paragraph a, Code 2 2020, is amended to read as follows: 3 a. Fifty of the nonresident wild turkey hunting licenses 4 shall be allocated as requested by a majority of a committee 5 consisting of the majority leader of the senate, speaker of 6 the house of representatives, and director of the economic 7 development authority, or their designees determined by the 8 department . The licenses provided pursuant to this subsection 9 shall be in addition to the number of nonresident licenses 10 authorized pursuant to section 483A.7 . The purpose of the 11 special nonresident licenses is to allow state officials and 12 local development groups to promote the state and its natural 13 resources to nonresident guests and dignitaries. Photographs, 14 videotapes, or any other form of media resulting from the 15 hunting visitation shall not be used for political campaign 16 purposes. The nonresident licenses shall be issued without 17 application upon purchase of a nonresident annual hunting 18 license that includes the wildlife habitat fee and the purchase 19 of a nonresident wild turkey hunting license. The licenses are 20 valid in all zones open to wild turkey hunting. The hunter 21 education certificate requirement pursuant to section 483A.27 22 is waived for a nonresident issued a license pursuant to this 23 subsection . 24 Sec. 42. Section 543D.9, Code 2020, is amended to read as 25 follows: 26 543D.9 Education and experience requirement. 27 The board shall determine what real estate appraisal or 28 real estate appraisal review experience and what education 29 shall be required to provide appropriate assurance that 30 an applicant for certification is competent to perform the 31 certified appraisal work which is within the scope of practice 32 defined by the board. All experience required for initial 33 certification shall be performed as a registered associate 34 real estate appraiser acting under the direct supervision of 35 -15- HF 2627 (2) 88 ss/rh/md 15/ 18
H.F. 2627 a certified real estate appraiser who meets the supervisory 1 requirements established by applicable federal authorities or 2 federal law, rule, or policy in effect at the time the hours 3 of experience are claimed , except as the board may provide by 4 rule. Subject to requirements or limitations established by 5 applicable federal authorities or federal law, rule, or policy, 6 hours qualifying for experience in a bordering state will 7 be considered qualifying hours for experience in this state 8 without requiring a waiver or authorization from the board in 9 accordance with rules and standards adopted by the board, as 10 long as a majority of qualifying hours are completed in this 11 state. Qualifying hours completed in a bordering state shall 12 be under the direct supervision of a certified real estate 13 appraiser with active certification in that bordering state. 14 The board shall prescribe a required minimum number of tested 15 hours of education relating to the provisions of this chapter , 16 the uniform appraisal standards, and other rules issued in 17 accordance with this chapter . 18 Sec. 43. Section 544A.8, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 5. A person applying to the board for 21 licensure who has passed a module of the architect registration 22 examination but failed to pass the exam shall not be required 23 to retake the module that the applicant previously passed in 24 subsequent examinations. 25 Sec. 44. REPEAL. Chapter 9D, Code 2020, is repealed. 26 Sec. 45. REPEAL. Sections 135B.10 and 135B.11, Code 2020, 27 are repealed. 28 Sec. 46. 2018 Iowa Acts, chapter 1142, section 8, as amended 29 by 2019 Iowa Acts, chapter 85, section 118, is amended to read 30 as follows: 31 SEC. 8. FUTURE REPEAL. Section 155A.44 , Code 2018, is 32 repealed effective July 1, 2020 2021 . 33 Sec. 47. CONTINUING EDUCATION REQUIREMENTS. The boards 34 designated in section 147.13 shall require licensees required 35 -16- HF 2627 (2) 88 ss/rh/md 16/ 18
H.F. 2627 to complete continuing education credits prior to the renewal 1 of a license set to expire in 2020 to complete such continuing 2 education credits by June 30, 2021. A license set to expire in 3 2020 shall not expire until June 30, 2021. 4 Sec. 48. CONTINUING EDUCATION —— ELECTRONIC MEANS. For the 5 period beginning on the effective date of this division of this 6 Act through June 30, 2021, notwithstanding any provision of law 7 to the contrary, each licensing board, as defined in section 8 272C.1, shall allow licensees to satisfy continuing education 9 requirements by electronic means. 10 Sec. 49. SCHOOL PHYSICALS —— TEMPORARY PROVISIONS. For 11 the period beginning on the effective date of this division of 12 this Act through December 31, 2020, a student participating 13 in interscholastic athletics who presents to the student’s 14 superintendent a certificate signed on or after July 1, 2019, 15 by a licensed physician or surgeon, osteopathic physician 16 or surgeon, chiropractor, physician assistant, or advanced 17 registered nurse practitioner, to the effect that the 18 student has been examined and may safely engage in athletic 19 competition, shall be deemed to have complied with the 20 regulatory provisions of 281 IAC 36.14(1). 21 Sec. 50. SHAREHOLDER MEETINGS —— TEMPORARY PROVISIONS. For 22 the period beginning on the effective date of this division 23 of this Act through December 31, 2020, notwithstanding the 24 provisions of chapters 490, 491, 499, and 501A requiring an 25 in-person meeting of shareholders, policyholders, or members, 26 an in-person meeting of shareholders, policyholders, or members 27 shall not be required if the meeting is held by means of remote 28 communication and provides shareholders, policyholders, or 29 members a reasonable opportunity to participate in the meeting 30 and to vote on matters submitted for action at such meeting, 31 including an opportunity to communicate and to read or hear the 32 proceedings of the meeting, substantially concurrent with the 33 occurrence of such meeting. 34 Sec. 51. EFFECTIVE DATE. This division of this Act, being 35 -17- HF 2627 (2) 88 ss/rh/md 17/ 18
H.F. 2627 deemed of immediate importance, takes effect upon enactment. 1 -18- HF 2627 (2) 88 ss/rh/md 18/ 18