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