Senate
File
2370
-
Reprinted
SENATE
FILE
2370
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3119)
(As
Amended
and
Passed
by
the
Senate
March
4,
2024
)
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
SF
2370
(2)
90
je/ko/mb
S.F.
2370
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
to
read
as
follows:
16
10.
Notwithstanding
section
17A.6,
subsection
3
,
the
17
licensing
boards
included
within
the
department
pursuant
to
18
subsection
1
may
adopt
standards
by
reference
to
another
19
publication
without
providing
a
copy
of
posting
the
publication
20
to
the
administrative
code
editor
boards’
internet
sites
if
21
the
publication
containing
the
standards
is
readily
accessible
22
on
the
internet
at
no
cost
and
the
internet
site
at
which
the
23
publication
may
be
found
is
included
in
the
administrative
24
rules
that
adopt
the
standard.
25
Sec.
4.
Section
17A.3,
subsection
1,
paragraphs
a,
b,
and
c,
26
Code
2024,
are
amended
by
striking
the
paragraphs.
27
Sec.
5.
Section
17A.4,
subsection
1,
unnumbered
paragraph
28
1,
Code
2024,
is
amended
to
read
as
follows:
29
Prior
to
the
adoption,
amendment,
or
repeal
of
any
rule
an
30
agency
shall
submit
the
proposed
rulemaking
for
preclearance
to
31
the
administrative
rules
coordinator
in
the
manner
prescribed
32
by
the
administrative
rules
coordinator
and
do
all
of
the
33
following
:
34
Sec.
6.
Section
17A.4,
subsection
3,
paragraph
a,
Code
2024,
35
-1-
SF
2370
(2)
90
je/ko/mb
1/
17
S.F.
2370
is
amended
to
read
as
follows:
1
a.
When
the
statute
so
provides,
or
with
the
approval
of
2
the
administrative
rules
review
committee,
if
the
committee
3
finds
good
cause
that
notice
and
public
participation
would
be
4
unnecessary,
impracticable,
or
contrary
to
the
public
interest,
5
the
provisions
of
subsection
1
shall
be
inapplicable.
However,
6
the
requirement
for
prior
submission
to
the
administrative
7
rules
coordinator
for
preclearance
shall
remain
applicable.
8
Sec.
7.
Section
17A.4A,
subsections
1
and
5,
Code
2024,
are
9
amended
to
read
as
follows:
10
1.
An
agency
shall
issue
a
regulatory
analysis
of
a
proposed
11
rule
that
complies
with
subsection
2
,
paragraph
paragraphs
12
“a”
and
“b”
,
if,
within
thirty-two
days
after
the
published
13
notice
of
proposed
rule
adoption,
a
written
request
for
the
14
analysis
is
submitted
to
the
agency
by
the
administrative
rules
15
review
committee
or
the
administrative
rules
coordinator.
An
16
agency
shall
issue
a
regulatory
analysis
of
a
proposed
rule
17
that
complies
with
subsection
2
,
paragraph
“b”
,
if
the
rule
18
would
have
a
substantial
impact
on
small
business
and
if,
19
within
thirty-two
days
after
the
published
notice
of
proposed
20
rule
adoption,
a
written
request
for
analysis
is
submitted
to
21
the
agency
by
the
administrative
rules
review
committee,
the
22
administrative
rules
coordinator,
at
least
twenty-five
persons
23
signing
that
request
who
each
qualify
as
a
small
business
or
24
by
an
organization
representing
at
least
twenty-five
such
25
persons.
If
a
rule
has
been
adopted
without
prior
notice
and
26
an
opportunity
for
public
participation
in
reliance
upon
prior
27
to
submitting
a
notice
of
intended
action
to
the
administrative
28
rules
coordinator
and
the
administrative
code
editor
pursuant
29
to
section
17A.4,
subsection
3
1
,
the
written
request
for
an
30
analysis
that
complies
with
subsection
2
,
paragraph
“a”
or
“b”
,
31
may
be
made
within
seventy
days
of
publication
of
the
rule
.
32
5.
The
agency
shall
not
submit
a
notice
of
intended
action
33
to
the
administrative
rules
coordinator
and
the
administrative
34
code
editor
pursuant
to
section
17A.4,
subsection
1,
paragraph
35
-2-
SF
2370
(2)
90
je/ko/mb
2/
17
S.F.
2370
“a”
,
for
a
proposed
rule
until
the
conclusion
of
the
opportunity
1
for
oral
presentation
required
by
subsection
4
and
preclearance
2
by
the
administrative
rules
coordinator
as
required
by
section
3
17A.4,
subsection
1.
In
the
case
of
a
rule
adopted
without
4
prior
notice
and
an
opportunity
for
public
participation
in
5
reliance
upon
section
17A.4,
subsection
3
,
the
summary
must
6
be
published
within
agency
shall
have
until
seventy
days
of
7
after
the
request
adoption
to
submit
a
regulatory
analysis
8
as
described
in
subsection
4
for
publication
in
the
Iowa
9
administrative
bulletin
.
If
a
rule
adopted
in
reliance
upon
10
section
17A.4,
subsection
3,
will
be
published
in
the
Iowa
11
administrative
bulletin
concurrently
with
a
corresponding
12
notice
of
intended
action,
a
separate
regulatory
analysis
for
13
the
notice
of
intended
action
is
not
required.
14
Sec.
8.
Section
17A.4A,
subsection
2,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
16
follows:
17
Except
to
the
extent
that
a
written
request
for
a
regulatory
18
analysis
expressly
waives
one
or
more
of
the
following,
the
The
19
regulatory
analysis
must
contain
all
of
the
following:
20
Sec.
9.
Section
17A.4A,
subsection
4,
Code
2024,
is
amended
21
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
22
following:
23
4.
The
agency
shall
submit
the
regulatory
analysis
to
the
24
administrative
code
editor,
who
shall
publish
it
in
the
Iowa
25
administrative
bulletin.
The
regulatory
analysis
shall
include
26
a
statement
of
either
the
terms
or
substance
of
the
agency’s
27
intended
action
or
a
description
of
the
subjects
and
issues
28
involved.
The
agency
shall
afford
all
interested
persons
not
29
less
than
twenty
days
to
submit
data,
views,
or
arguments
in
30
writing,
and
the
regulatory
analysis
shall
include
the
time
31
when,
the
place
where,
and
the
manner
in
which
interested
32
persons
may
do
so.
The
agency
shall
give
interested
persons
33
an
opportunity
to
make
oral
presentation
on
the
regulatory
34
analysis.
The
opportunity
for
oral
presentation
shall
be
held
35
-3-
SF
2370
(2)
90
je/ko/mb
3/
17
S.F.
2370
at
least
twenty
days
after
publication
of
its
time
and
place
in
1
the
Iowa
administrative
bulletin.
2
Sec.
10.
Section
17A.4A,
subsection
6,
Code
2024,
is
amended
3
by
striking
the
subsection.
4
Sec.
11.
Section
17A.6,
subsection
3,
Code
2024,
is
amended
5
to
read
as
follows:
6
3.
An
agency
that
adopts
standards
by
reference
to
7
another
publication
shall
deliver
a
printed
copy
of
post
8
the
publication,
or
the
relevant
part
of
the
publication,
9
containing
the
standards
to
the
administrative
code
editor
who
10
shall
deposit
the
copy
in
the
state
law
library
which
shall
11
make
it
available
for
inspection
and
reference
on
the
agency’s
12
internet
site
.
The
agency
may
instead
deposit
a
printed
copy
13
of
the
publication,
or
the
relevant
part
of
the
publication,
in
14
the
state
law
library
directly
An
agency
shall
not
post
a
link
15
for
this
purpose
to
an
internet
site
that
is
not
maintained
by
16
the
agency
.
If
a
posted
publication
or
part
of
a
publication
17
varies
from
the
publication
or
part
adopted
by
reference
as
18
described
in
subsection
5,
the
adoption
by
reference
described
19
in
subsection
5
shall
control.
This
subsection
does
not
apply
20
to
a
publication
that
is
a
federal
statute
or
regulation.
21
Sec.
12.
Section
17A.7,
subsection
2,
Code
2024,
is
amended
22
to
read
as
follows:
23
2.
Beginning
July
January
1,
2012
2027
,
over
each
five-year
24
period
of
time,
an
each
agency
shall
conduct
an
ongoing
and
25
comprehensive
review
of
all
of
the
agency’s
rules.
The
goal
of
26
the
review
is
the
identification
and
elimination
of
all
rules
27
of
the
agency
that
are
outdated,
redundant,
or
inconsistent
or
28
incompatible
with
statute
or
its
own
rules
or
those
of
other
29
agencies.
An
Over
each
five-year
period
of
time,
an
agency
30
shall
commence
its
review
by
developing
a
plan
of
review
in
31
consultation
with
major
stakeholders
and
constituent
groups
32
perform
a
retrospective
analysis
that
includes
a
comprehensive
33
evaluation
and
rigorous
cost-benefit
analysis
of
each
existing
34
chapter
of
rules
to
determine
whether
the
benefits
the
rules
35
-4-
SF
2370
(2)
90
je/ko/mb
4/
17
S.F.
2370
are
intended
to
achieve
are
being
realized,
whether
those
1
benefits
justify
the
costs
imposed
by
the
rules,
and
whether
2
there
are
less
restrictive
alternatives
to
accomplish
those
3
benefits
.
When
the
agency
completes
the
five-year
review
of
4
the
agency’s
own
rules,
the
agency
shall
provide
a
written
5
summary
of
the
results
to
the
administrative
rules
coordinator
6
and
the
administrative
rules
review
committee.
The
summary
7
shall
include
all
of
the
following
for
each
chapter
of
rules:
8
a.
The
intended
benefits
of
the
rules
and
if
the
benefits
9
are
being
achieved.
10
b.
The
costs
imposed
by
the
rules
and
if
the
costs
are
11
justified
by
the
benefits
identified
in
paragraph
“a”
.
12
c.
Less
restrictive
alternatives
to
the
rules
and
an
13
analysis
of
how
other
states
regulate
the
activities
addressed
14
by
the
chapter.
15
Sec.
13.
Section
17A.7,
Code
2024,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
3.
a.
Each
chapter
of
rules
is
rescinded
18
five
years
after
the
date
on
which
the
chapter
as
a
whole
19
became
effective.
A
chapter
rescinded
in
this
manner
ceases
20
to
be
effective
as
of
the
date
of
rescission.
Before
or
after
21
such
rescission
occurs,
the
agency
that
adopted
the
chapter
22
may
adopt
the
chapter
anew
after
completing
a
retrospective
23
analysis
as
described
in
subsection
2.
Such
adoption
shall
be
24
subject
to
this
chapter.
An
agency
adopting
a
chapter
anew
25
as
described
in
this
subsection
shall
do
so
from
a
zero
base.
26
Adoption
of
a
chapter
anew
as
described
in
this
subsection
27
shall
not
include
notation
in
a
rulemaking
document
published
28
in
the
Iowa
administrative
bulletin
of
additions
to
or
29
deletions
from
the
language
of
the
prior
chapter.
For
purposes
30
of
this
subsection,
“zero
base”
means
adoption
of
a
chapter
31
anew
without
merely
adopting
the
prior
language
of
the
chapter
32
and
without
any
presumption
in
favor
of
utilizing
the
prior
33
language
when
the
chapter
is
adopted
anew.
34
b.
The
effective
date
of
adoption,
amendment,
or
rescission
35
-5-
SF
2370
(2)
90
je/ko/mb
5/
17
S.F.
2370
of
individual
rules
or
portions
of
rules
in
a
chapter,
and
the
1
date
of
any
changes
to
the
chapter
or
rules
or
portions
of
2
rules
in
the
chapter
pursuant
to
section
2B.13,
shall
not
be
3
considered
when
determining
the
effective
date
of
the
chapter
4
as
a
whole
for
purposes
of
this
subsection.
The
date
of
5
rescission
of
a
chapter
under
paragraph
“a”
shall
not
be
altered
6
if
such
date
falls
on
a
Saturday,
Sunday,
or
holiday.
7
c.
(1)
If
a
chapter
has
been
rescinded
under
this
8
subsection,
the
agency
that
adopted
the
chapter
shall
notify
9
the
administrative
code
editor
in
writing
of
the
rescission.
10
The
administrative
rules
coordinator
may
notify
the
11
administrative
code
editor
in
writing
on
behalf
of
the
agency.
12
(2)
As
soon
as
practicable
after
receiving
such
13
notification,
the
administrative
code
editor
shall
publish
14
notice
of
the
rescission
in
the
Iowa
administrative
bulletin
15
and,
no
sooner
than
two
weeks
after
such
publication,
remove
16
the
chapter
from
the
Iowa
administrative
code.
17
d.
When
a
chapter
of
rules
becoming
effective
as
a
whole
is
18
published
in
the
Iowa
administrative
code,
the
administrative
19
code
editor
shall
include
the
next
rescission
date
of
the
20
chapter,
as
provided
in
this
subsection,
with
the
chapter.
21
e.
For
a
chapter
of
rules
that
most
recently
became
22
effective
as
a
whole
prior
to
January
1,
2023,
the
effective
23
date
of
the
chapter
shall
be
deemed
January
1,
2023,
for
24
purposes
of
this
subsection.
For
a
chapter
that
most
recently
25
became
effective
as
a
whole
on
or
after
January
1,
2023,
the
26
date
of
rescission
pursuant
to
this
subsection
shall
be
based
27
on
the
most
recent
effective
date
of
the
chapter
as
a
whole.
28
Sec.
14.
Section
17A.19,
subsection
10,
paragraphs
b,
c,
l,
29
and
m,
Code
2024,
are
amended
to
read
as
follows:
30
b.
Beyond
the
authority
explicitly
delegated
to
the
agency
31
by
any
provision
of
law
or
in
violation
of
any
provision
of
32
law.
33
c.
Based
upon
an
erroneous
interpretation
of
a
provision
of
34
law
whose
interpretation
has
not
clearly
explicitly
been
vested
35
-6-
SF
2370
(2)
90
je/ko/mb
6/
17
S.F.
2370
by
a
provision
of
law
in
the
discretion
of
the
agency.
1
l.
Based
upon
an
irrational,
illogical,
or
wholly
2
unjustifiable
interpretation
of
a
provision
of
law
whose
3
interpretation
has
clearly
explicitly
been
vested
by
a
4
provision
of
law
in
the
discretion
of
the
agency.
5
m.
Based
upon
an
irrational,
illogical,
or
wholly
6
unjustifiable
application
of
law
to
fact
that
has
clearly
7
explicitly
been
vested
by
a
provision
of
law
in
the
discretion
8
of
the
agency.
9
Sec.
15.
Section
17A.19,
subsection
11,
paragraphs
a,
b,
and
10
c,
Code
2024,
are
amended
to
read
as
follows:
11
a.
Shall
not
give
any
deference
to
the
view
of
the
agency
12
with
respect
to
whether
particular
matters
have
been
explicitly
13
vested
by
a
provision
of
law
in
the
discretion
of
the
agency.
14
b.
Should
not
give
any
deference
to
the
view
of
the
15
agency
with
respect
to
particular
matters
that
have
not
been
16
explicitly
vested
by
a
provision
of
law
in
the
discretion
of
17
the
agency.
18
c.
Shall
give
appropriate
deference
to
the
view
of
the
19
agency
with
respect
to
particular
matters
that
have
been
20
explicitly
vested
by
a
provision
of
law
in
the
discretion
of
21
the
agency.
22
Sec.
16.
Section
17A.23,
subsections
3
and
4,
Code
2024,
are
23
amended
to
read
as
follows:
24
3.
a.
An
agency
shall
have
only
that
authority
or
25
discretion
explicitly
delegated
to
or
explicitly
conferred
26
upon
the
agency
by
law
and
shall
not
expand
or
enlarge
its
27
authority
or
discretion
beyond
the
powers
explicitly
delegated
28
to
or
explicitly
conferred
upon
the
agency.
Unless
otherwise
29
specifically
explicitly
provided
in
statute,
a
grant
of
30
rulemaking
authority
shall
be
construed
narrowly.
31
b.
Rulemaking
authority
is
explicitly
delegated
to
or
32
explicitly
conferred
on
an
agency
as
follows:
33
(1)
An
agency
may
adopt
rules
interpreting
the
provisions
34
of
any
statute
enforced
or
administered
by
the
agency
if
a
35
-7-
SF
2370
(2)
90
je/ko/mb
7/
17
S.F.
2370
statute
explicitly
grants
the
agency
rulemaking
authority
over
1
the
statutory
provision;
however,
a
rule
is
not
valid
if
the
2
rule
exceeds
the
bounds
of
correct
interpretation.
All
of
the
3
following
apply
to
the
adoption
of
a
rule
interpreting
the
4
provisions
of
a
statute
enforced
or
administered
by
an
agency:
5
(a)
A
statutory
or
nonstatutory
provision
containing
a
6
statement
or
declaration
of
legislative
intent,
purpose,
7
findings,
or
policy
does
not
delegate
rulemaking
authority
to
8
or
confer
rulemaking
authority
on
the
agency,
or
augment
the
9
agency’s
rulemaking
authority,
beyond
the
rulemaking
authority
10
that
is
explicitly
delegated
to
or
explicitly
conferred
on
the
11
agency
by
a
statute.
12
(b)
A
statutory
provision
describing
the
agency’s
general
13
powers
or
duties
does
not
delegate
rulemaking
authority
to
14
or
confer
rulemaking
authority
on
the
agency,
or
augment
the
15
agency’s
rulemaking
authority,
beyond
the
rulemaking
authority
16
that
is
explicitly
delegated
to
or
explicitly
conferred
on
the
17
agency
by
a
statute.
18
(c)
A
statutory
provision
containing
a
specific
standard,
19
requirement,
or
threshold
does
not
delegate
to
or
confer
on
the
20
agency
the
authority
to
adopt,
enforce,
or
administer
a
rule
21
that
contains
a
standard,
requirement,
or
threshold
that
is
22
more
restrictive
than
the
standard,
requirement,
or
threshold
23
contained
in
the
statutory
provision.
24
(2)
An
agency
may
prescribe
forms
and
procedures
in
25
connection
with
any
statute
enforced
or
administered
by
the
26
agency
if
the
agency
considers
such
prescription
necessary
to
27
effectuate
the
purpose
of
the
statute,
but
this
subparagraph
28
does
not
authorize
the
imposition
of
a
substantive
requirement
29
in
connection
with
a
form
or
procedure.
30
(3)
An
agency
authorized
to
exercise
discretion
in
deciding
31
individual
cases
may
formalize
the
general
policies
evolving
32
from
the
agency’s
decisions
by
adopting
the
general
policies
33
as
rules
that
the
agency
shall
follow
until
such
rules
are
34
amended
or
repealed.
A
rule
adopted
in
accordance
with
this
35
-8-
SF
2370
(2)
90
je/ko/mb
8/
17
S.F.
2370
subparagraph
is
valid
only
to
the
extent
that
the
agency
1
has
discretion
to
base
an
individual
decision
on
the
policy
2
expressed
in
the
rule.
3
(4)
An
agency
may
adopt
rules
implementing
or
interpreting
4
a
statute
that
the
agency
will
enforce
or
administer
after
5
enactment
of
the
statute
but
prior
to
the
statute’s
effective
6
date.
A
rule
adopted
under
this
subparagraph
shall
not
take
7
effect
prior
to
the
effective
date
of
the
statute
that
the
rule
8
implements
or
interprets.
9
4.
An
agency
shall
not
implement
or
enforce
any
standard,
10
requirement,
or
threshold,
including
any
term
or
condition
of
a
11
permit
or
license
issued
by
the
agency,
unless
that
standard,
12
requirement,
or
threshold
is
clearly
explicitly
required
or
13
clearly
explicitly
permitted
by
a
state
statute,
rule
adopted
14
pursuant
to
this
chapter
,
or
a
federal
statute
or
regulation,
15
or
is
explicitly
required
by
a
court
ruling,
a
state
or
federal
16
executive
order,
a
state
or
federal
directive
that
would
result
17
in
the
gain
or
loss
of
specific
funding,
or
a
federal
waiver.
18
Sec.
17.
NEW
SECTION
.
17A.24
Uniform
rules
on
agency
19
procedure.
20
1.
The
administrative
rules
coordinator
may
adopt
uniform
21
rules
on
agency
procedure
that
are
suitable
for
general
22
applicability
to
agencies.
Such
adoption
and
such
rules
23
shall
be
subject
to
this
chapter.
Such
rules
may
address
the
24
subjects
of
agency
procedures
for
rulemaking,
petitions
for
25
rulemaking,
waiver
of
rules,
declaratory
orders,
contested
26
cases,
and
fair
information
practices.
27
2.
If
an
agency
does
not
have
rules
in
effect
that
address
28
a
subject
provided
in
subsection
1,
and
uniform
rules
on
agency
29
procedure
addressing
the
subject
are
in
effect,
such
uniform
30
rules
shall
apply
to
the
agency
as
though
the
agency
had
31
adopted
them.
32
3.
An
agency
may
adopt
rules
providing
for
additions,
33
exceptions,
or
amendments
to
a
uniform
rule
on
agency
procedure
34
that,
pursuant
to
subsection
2,
is
applicable
to
the
agency.
35
-9-
SF
2370
(2)
90
je/ko/mb
9/
17
S.F.
2370
4.
This
section
does
not
apply
to
uniform
rules
on
agency
1
procedure
published
prior
to
January
1,
2024,
and
does
not
2
affect
the
validity
of
rules
that
have
adopted
such
uniform
3
rules
by
reference.
4
5.
The
attorney
general
shall
assist
the
administrative
5
rules
coordinator
in
implementation
of
this
section
upon
6
request.
7
Sec.
18.
Section
89.5,
subsection
3,
Code
2024,
is
amended
8
by
striking
the
subsection.
9
Sec.
19.
Section
89A.3,
subsection
5,
Code
2024,
is
amended
10
by
striking
the
subsection.
11
Sec.
20.
Section
455B.173,
subsection
2,
Code
2024,
is
12
amended
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
c.
Rules
adopted
to
implement
this
14
subsection
are
not
subject
to
section
17A.7,
subsection
2
or
3.
15
Sec.
21.
Section
455B.176A,
Code
2024,
is
amended
by
adding
16
the
following
new
subsection:
17
NEW
SUBSECTION
.
9.
Rules
adopted
to
implement
this
18
subsection
are
not
subject
to
section
17A.7,
subsection
2
or
3.
19
Sec.
22.
Section
505.35,
Code
2024,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
3.
Notwithstanding
section
17A.6,
22
subsection
3,
the
commissioner
may
adopt
standards
by
reference
23
to
another
publication
without
posting
the
publication
to
24
the
department
of
insurance
and
financial
services’
internet
25
site
if
the
publication
containing
the
standards
is
readily
26
accessible
on
the
internet
at
no
cost
and
the
internet
site
27
at
which
the
publication
may
be
found
is
included
in
the
28
administrative
rules
that
adopt
the
standard.
29
DIVISION
II
30
EXECUTIVE
BRANCH
AGENCY
FUNCTIONS
31
Sec.
23.
Section
103.31,
subsection
6,
Code
2024,
is
amended
32
to
read
as
follows:
33
6.
The
board
shall
establish
an
internet-based
licensure
34
verification
database
for
access
by
a
state
or
local
inspector
35
-10-
SF
2370
(2)
90
je/ko/mb
10/
17
S.F.
2370
for
verification
of
licensee
status.
The
database
shall
1
include
the
name
of
every
person
licensed
under
this
chapter
2
and
a
corresponding
licensure
number.
However,
the
licensee’s
3
home
address,
home
telephone
number,
and
other
personal
4
information
as
determined
by
rule
shall
be
confidential.
5
Inspectors
shall
be
authorized
to
request
the
name
and
6
license
number
of
any
person
working
at
a
job
site
subject
to
7
inspection
for
verification
of
licensee
status.
Licensees
8
under
this
chapter
shall
be
required
to
carry
a
copy
of
their
9
current
license
and
photo
identification
at
all
times
when
10
employed
on
a
job
site
for
compliance
with
this
subsection
.
11
Sec.
24.
Section
105.20,
subsection
5,
paragraph
a,
Code
12
2024,
is
amended
to
read
as
follows:
13
a.
The
board
shall
establish
continuing
education
14
requirements
pursuant
to
section
272C.2
.
The
basic
continuing
15
education
requirement
for
renewal
of
a
license
shall
be
the
16
completion,
during
the
immediately
preceding
license
term,
of
17
the
number
of
classroom
hours
of
instruction
required
by
the
18
board
in
courses
or
seminars
which
have
been
approved
by
the
19
board.
The
board
shall
require
at
least
eight
classroom
hours
20
of
instruction
during
each
three-year
licensing
term.
21
Sec.
25.
Section
256.7,
subsection
6,
Code
2024,
is
amended
22
to
read
as
follows:
23
6.
Hear
appeals
of
persons
aggrieved
by
decisions
of
boards
24
of
directors
of
school
corporations
under
chapter
290
and
25
other
appeals
prescribed
by
law
in
a
manner
consistent
with
26
chapter
17A
.
The
state
board
may
review
the
record
and
shall
27
review
the
proposed
decision
of
the
director
of
the
department
28
of
education
or
the
administrative
law
judge
employed
by
29
the
division
of
administrative
hearings
created
by
section
30
10A.801
and
designated
for
any
appeals
heard
and
decided
by
31
the
director
under
chapter
290
pursuant
to
section
17A.15,
32
subsection
3
,
and
may
affirm,
modify,
or
vacate
the
decision,
33
or
may
direct
a
rehearing
before
the
director.
34
Sec.
26.
Section
272C.1,
subsection
6,
Code
2024,
is
amended
35
-11-
SF
2370
(2)
90
je/ko/mb
11/
17
S.F.
2370
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
ag.
The
real
estate
appraiser
examining
2
board,
created
pursuant
to
chapter
543D.
3
Sec.
27.
Section
272C.2,
subsection
1,
Code
2024,
is
amended
4
to
read
as
follows:
5
1.
Each
licensing
board
shall
may
require
and
issue
rules
6
for
continuing
education
requirements
as
a
condition
to
license
7
renewal.
8
Sec.
28.
Section
272C.2,
subsection
2,
unnumbered
paragraph
9
1,
Code
2024,
is
amended
to
read
as
follows:
10
The
rules
shall
may
create
continuing
education
requirements
11
at
a
minimum
level
prescribed
by
each
licensing
board.
These
12
boards
may
also
establish
continuing
education
programs
13
to
assist
a
licensee
in
meeting
such
continuing
education
14
requirements.
Such
If
adopted,
such
rules
shall
also:
15
Sec.
29.
Section
290.5,
Code
2024,
is
amended
to
read
as
16
follows:
17
290.5
Decision
of
state
board
——
rules
for
appeals.
18
The
decision
of
the
state
board
shall
be
final.
The
state
19
board
may
adopt
rules
of
procedure
for
hearing
appeals
which
20
shall
include
the
power
to
delegate
the
actual
hearing
of
21
the
appeal
to
the
director
of
the
department
of
education
or
22
the
director’s
designee,
and
members
of
the
director’s
staff
23
designated
by
the
director.
The
record
of
appeal
so
heard
24
shall
be
available
to
the
state
board
,
and
,
if
required
by
25
section
256.7,
subsection
6,
the
decision
recommended
by
the
26
director
of
the
department
of
education
or
the
designated
27
administrative
law
judge
shall
be
approved
by
the
state
board
28
in
the
manner
provided
in
section
256.7,
subsection
6
therein
.
29
Sec.
30.
Section
450.6,
subsection
2,
Code
2024,
is
amended
30
by
striking
the
subsection.
31
Sec.
31.
Section
455B.133,
subsections
1
and
2,
Code
2024,
32
are
amended
to
read
as
follows:
33
1.
Develop
comprehensive
plans
and
programs
for
the
34
abatement,
control,
and
prevention
of
air
pollution
in
this
35
-12-
SF
2370
(2)
90
je/ko/mb
12/
17
S.F.
2370
state,
recognizing
varying
requirements
for
different
areas
1
in
the
state.
The
plans
may
include
emission
limitations,
2
schedules
and
timetables
for
compliance
with
the
limitations,
3
measures
to
prevent
the
significant
deterioration
of
air
4
quality
and
other
measures
as
necessary
to
assure
attainment
5
and
maintenance
of
ambient
air
quality
standards.
The
6
commission
is
not
required
to
use
air
dispersion
modeling
as
7
a
basis
for
making
its
findings
under
this
subsection
for
a
8
minor
source
or
minor
modification
of
a
major
stationary
source
9
unless
modeling
is
specifically
provided
for
under
the
federal
10
Clean
Air
Act
as
amended
through
January
1,
1991,
rules
adopted
11
under
this
chapter,
or
a
federal
or
state
agreement.
12
2.
Adopt,
amend,
or
repeal
rules
pertaining
to
the
13
evaluation,
abatement,
control,
and
prevention
of
air
14
pollution.
The
rules
may
include
those
that
are
necessary
15
to
obtain
approval
of
the
state
implementation
plan
under
16
section
110
of
the
federal
Clean
Air
Act
as
amended
through
17
January
1,
1991.
The
commission
is
not
required
to
adopt
rules
18
that
use
air
dispersion
modeling
for
a
minor
source
or
minor
19
modification
of
a
major
stationary
source
unless
modeling
is
20
specifically
required
by
the
federal
Clean
Air
Act
as
amended
21
through
January
1,
1991,
or
a
federal
or
state
agreement.
22
Sec.
32.
Section
455B.134,
subsection
3,
Code
2024,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
g.
The
department
is
not
required
to
use
25
air
dispersion
modeling
as
a
basis
for
making
its
findings
26
under
this
subsection
for
a
minor
source
or
minor
modification
27
of
a
major
stationary
source
unless
modeling
is
specifically
28
provided
for
under
the
federal
Clean
Air
Act
as
amended
through
29
January
1,
1991,
rules
adopted
under
this
chapter,
or
a
federal
30
or
state
agreement.
31
Sec.
33.
Section
509A.5,
subsection
2,
Code
2024,
is
amended
32
to
read
as
follows:
33
2.
Any
interest
earnings
from
investments
or
time
deposits
34
of
the
funds
under
the
control
of
the
state
executive
council
35
-13-
SF
2370
(2)
90
je/ko/mb
13/
17
S.F.
2370
department
of
administrative
services
shall
be
deposited
to
the
1
credit
of
these
funds.
2
Sec.
34.
Section
509A.11,
subsection
1,
Code
2024,
is
3
amended
to
read
as
follows:
4
1.
“Governing
body”
means
the
executive
council
of
the
state
5
director
of
the
department
of
administrative
services
,
the
6
school
boards
of
school
districts,
and
the
superintendent
or
7
other
person
in
charge
of
an
institution
supported
in
whole
or
8
in
part
by
public
funds.
9
Sec.
35.
Section
543D.7,
Code
2024,
is
amended
to
read
as
10
follows:
11
543D.7
Certification
process.
12
Applications
for
original
certification,
renewal
13
certification,
and
examinations
shall
be
made
in
writing
to
the
14
board
on
forms
approved
by
through
the
board
board’s
electronic
15
system
.
16
Sec.
36.
Section
543D.9,
Code
2024,
is
amended
to
read
as
17
follows:
18
543D.9
Education
and
experience
requirement.
19
The
board
shall
determine
what
real
estate
appraisal
or
20
real
estate
appraisal
review
experience
and
what
education
21
shall
be
required
to
provide
appropriate
assurance
that
22
an
applicant
for
certification
is
competent
to
perform
the
23
certified
appraisal
work
which
is
within
the
scope
of
practice
24
defined
by
the
board.
All
experience
required
for
initial
25
certification
shall
be
performed
as
a
registered
associate
26
real
estate
appraiser
acting
under
the
direct
supervision
of
27
a
certified
real
estate
appraiser
who
meets
the
supervisory
28
requirements
established
by
applicable
federal
authorities
or
29
federal
law,
rule,
or
policy
in
effect
at
the
time
the
hours
30
of
experience
are
claimed,
except
as
the
board
may
provide
by
31
rule.
Subject
to
requirements
or
limitations
established
by
32
applicable
federal
authorities
or
federal
law,
rule,
or
policy,
33
hours
qualifying
for
experience
in
a
bordering
state
will
34
be
considered
qualifying
hours
for
experience
in
this
state
35
-14-
SF
2370
(2)
90
je/ko/mb
14/
17
S.F.
2370
without
requiring
a
waiver
or
authorization
from
the
board
in
1
accordance
with
rules
and
standards
adopted
by
the
board
,
as
2
long
as
a
majority
of
qualifying
hours
are
completed
in
this
3
state
.
Qualifying
hours
completed
in
a
bordering
state
shall
4
be
under
the
direct
supervision
of
a
certified
real
estate
5
appraiser
with
active
certification
in
that
bordering
state.
6
The
board
shall
prescribe
a
required
minimum
number
of
tested
7
hours
of
education
relating
to
the
provisions
of
this
chapter
,
8
the
uniform
appraisal
standards,
and
other
rules
issued
in
9
accordance
with
this
chapter
.
10
Sec.
37.
Section
543D.13,
Code
2024,
is
amended
to
read
as
11
follows:
12
543D.13
Principal
place
of
business.
13
1.
Each
certified
real
estate
appraiser
shall
advise
the
14
board
of
the
address
of
the
appraiser’s
principal
place
of
15
business
and
all
other
addresses
at
which
the
appraiser
is
16
currently
engaged
in
the
business
of
preparing
real
estate
17
appraisal
reports
.
18
2.
When
a
certified
real
estate
appraiser
changes
the
19
appraiser’s
principal
place
of
business,
the
appraiser
20
shall
immediately
give
written
notification
of
the
submit
an
21
application
for
a
change
to
the
board
and
apply
for
an
amended
22
certificate
of
address
through
the
board’s
electronic
system
.
23
3.
Each
certified
real
estate
appraiser
shall
notify
the
24
board
of
the
appraiser’s
current
residence
address.
Residence
25
addresses
on
file
with
the
board
are
exempt
from
disclosure
as
26
public
records
unless
the
residence
address
is
the
address
of
27
the
appraiser’s
principal
place
of
business
.
28
Sec.
38.
Section
543D.14,
Code
2024,
is
amended
to
read
as
29
follows:
30
543D.14
Certificate.
31
A
certificate
issued
under
this
chapter
shall
bear
the
32
signature
or
facsimile
signature
name
of
the
member
or
names
33
of
the
members
of
the
board
as
designated
by
the
board
and
a
34
certificate
number
assigned
by
the
board.
35
-15-
SF
2370
(2)
90
je/ko/mb
15/
17
S.F.
2370
Sec.
39.
Section
543D.16,
subsections
2
and
3,
Code
2024,
1
are
amended
to
read
as
follows:
2
2.
The
basic
continuing
education
requirement
for
renewal
3
of
certification
shall
be
the
completion,
before
June
30
of
4
the
year
in
which
the
appraiser’s
certificate
expires,
of
5
the
number
of
hours
of
instruction
required
by
the
appraiser
6
qualifications
board
of
the
appraisal
foundation
in
courses
or
7
seminars
which
have
received
the
preapproval
of
the
board.
8
3.
The
provisions
of
section
272C.2,
subsection
4
,
shall
9
only
apply
to
a
certified
real
estate
appraiser
or
an
associate
10
real
estate
appraiser
to
the
extent
consistent
with
the
11
policies
adopted
by
the
appraisal
appraiser
qualifications
12
board
of
the
appraisal
foundation.
13
Sec.
40.
Section
543D.20,
subsection
1,
paragraph
c,
Code
14
2024,
is
amended
to
read
as
follows:
15
c.
The
person
is
solely
providing
administrative
services,
16
such
as
taking
photographs,
preparing
charts,
or
typing
17
reports,
and
is
not
providing
real
estate
appraisal
assistance
18
in
developing
the
analysis,
valuation,
opinions,
or
conclusions
19
associated
with
the
appraisal
assignment.
Such
a
person
shall
20
only
enter
a
dwelling
if
supervised
by
the
appraiser.
21
Sec.
41.
Section
543D.20,
subsection
2,
Code
2024,
is
22
amended
to
read
as
follows:
23
2.
The
board
shall
establish
by
rule
the
terms
and
24
conditions
of
the
registration
of
associate
real
estate
25
appraisers,
including
the
educational
and
other
prerequisites
26
to
registration,
the
fees
for
registration
and
the
renewal
27
of
registration,
and
the
continuing
education
requirements
28
for
renewal
of
registration.
The
board
shall
consider
and
29
may
incorporate
any
guidelines
recommended
by
the
appraisal
30
appraiser
qualifications
board
of
the
appraisal
foundation
31
relating
to
associate
real
estate
appraisers.
32
Sec.
42.
Section
543D.22,
subsection
1,
paragraph
a,
Code
33
2024,
is
amended
to
read
as
follows:
34
a.
Subject
to
paragraphs
“b”
and
“c”
,
the
board
may
require
35
-16-
SF
2370
(2)
90
je/ko/mb
16/
17
S.F.
2370
a
national
criminal
history
check
through
the
federal
bureau
of
1
investigation
for
applicants
for
certification
or
registration,
2
or
for
persons
certified
or
registered
under
this
chapter
,
3
if
needed
for
credibility,
to
comply
with
federal
law
or
4
regulation,
or
the
policies
of
the
appraisal
qualification
5
appraiser
qualifications
board
of
the
appraisal
foundation.
6
The
board
may
alternatively
require
a
national
criminal
7
history
check
through
the
nationwide
mortgage
licensing
system
8
and
registry,
as
defined
in
section
535D.3
,
when
conducting
9
background
investigations
under
this
section
,
if
authorized
by
10
applicable
federal
law
or
regulation.
11
-17-
SF
2370
(2)
90
je/ko/mb
17/
17