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Senate File 281 - IntroducedA Bill ForAn Act 1relating to the adoption by executive branch agencies of
2standards by reference to certain publications and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Limitation on adoption of standards by reference
3 Section 1. Section 17A.6, Code 2021, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 4. An agency which adopts standards by
6reference to another publication shall comply with section
717A.6C if applicable.
8 Sec. 2. NEW SECTION. 17A.6C Limitation on adoption of
9standards by reference.
101. For purposes of this section, “publication” includes a
11successor publication to a publication previously adopted by
12reference, but does not include a publication by the executive,
13legislative, or judicial branches, or any component thereof, or
14a federal publication.
152. On and after the effective date of this Act, an agency
16shall not, by rule, adopt a standard by reference to another
17publication, or a new edition, amendment, or other update
18to such a standard previously adopted by reference, unless
19adoption of the specific standard, edition, amendment, or
20other update is explicitly authorized by a bill enacted by the
21general assembly.
223. This section does not apply to adoption of a standard by
23reference to another publication if such adoption is explicitly
24required by federal law.
254. This section shall not be construed to affect the
26validity of the adoption of a standard adopted by an agency
27prior to the effective date of this Act. This section shall
28not be construed to authorize an agency to adopt, by means
29other than rulemaking, a standard by reference to another
30publication if such adoption is not otherwise authorized by
31state or federal law.
32DIVISION II
332020 national electrical code
34 Sec. 3. Section 103.6, subsection 1, paragraph a, Code 2021,
35is amended to read as follows:
-1- 1a. Adopt rules pursuant to chapter 17A and in doing so
2shall be governed by the minimum standards set forth in the
3most current 2020 publication of the national electrical code
4issued and adopted by the national fire protection association,
5and without amendments, to the code, which code and amendments
6 shall be filed in the offices of the state law library and the
7board and shall be a public record. The board shall adopt
8rules reflecting updates to the code and amendments to the
9code. The board shall promulgate and adopt rules establishing
10wiring standards that protect public safety and health and
11property and that apply to all electrical wiring which is
12installed subject to this chapter.
13 Sec. 4. Section 103.10, subsection 2, Code 2021, is amended
14to read as follows:
152. In addition, an applicant shall meet examination
16criteria based upon the most recent national electrical code
17adopted pursuant to section 103.6 and upon electrical theory,
18as determined by the board.
19DIVISION III
20Corresponding Amendments
21 Sec. 5. Section 88A.3, subsection 1, Code 2021, is amended
22to read as follows:
231. The commissioner shall adopt rules pursuant to chapter
2417A for the safe installation, repair, maintenance, use,
25operation, and inspection of amusement devices, amusement
26rides, concession booths, and related electrical equipment at
27carnivals and fairs to the extent necessary for the protection
28of the public. The rules shall be based on generally accepted
29engineering standards and shall be concerned with, but not
30necessarily limited to, engineering force stresses, safety
31devices, and preventive maintenance. If standards are
32available in suitable form, the standards may be incorporated
33by reference if authorized pursuant to section 17A.6C. The
34rules shall provide for the reporting of accidents and injuries
35incurred from the operation of amusement devices or rides,
-2-1concession booths, or related electrical equipment.
2 Sec. 6. Section 89A.3, subsection 3, Code 2021, is amended
3to read as follows:
43. The safety board shall adopt rules for conveyances
5according to the applicable provisions of the American
6society of mechanical engineers safety codes for elevators
7and escalators, A17.1 and A17.3, as the safety board deems
8necessary. In adopting rules the safety board may adopt the
9American society of mechanical engineers safety codes, or any
10part of the codes, by reference, if authorized pursuant to
11section 17A.6C.
12 Sec. 7. Section 99D.23, subsection 1, Code 2021, is amended
13to read as follows:
141. The commission shall employ one or more chemists or
15contract with a qualified chemical laboratory to determine by
16chemical testing and analysis of saliva, urine, blood, hair,
17or other excretions or body fluids whether a substance or drug
18has been introduced which may affect the outcome of a race or
19whether an action has been taken or a substance or drug has
20been introduced which may interfere with the testing procedure.
21The commission shall adopt rules under chapter 17A concerning
22procedures and actions taken on positive drug reports. The
23commission may adopt by reference nationally recognized
24standards as determined by the commission if authorized
25pursuant to section 17A.6C or may adopt any other procedure
26or standard. The commission has the authority to retain and
27preserve by freezing, test samples for future analysis.
28 Sec. 8. Section 103A.8, subsection 1, Code 2021, is amended
29to read as follows:
301. Provide uniform standards and requirements for
31construction, construction materials, and equipment through
32the adoption by reference, if authorized pursuant to section
3317A.6C, of applicable national codes where appropriate and
34providing exceptions when necessary. The rules adopted shall
35include provisions imposing requirements reasonably consistent
-3-1with or identical to recognized and accepted standards
2contained in performance criteria.
3 Sec. 9. Section 103A.8B, Code 2021, is amended to read as
4follows:
5103A.8B Sustainable design or green building standards.
6The commissioner, after consulting with and receiving
7recommendations from the department of natural resources,
8shall adopt rules pursuant to chapter 17A specifying standards
9and requirements for sustainable design and construction.
10The standards and requirements shall be based upon or
11incorporating nationally recognized ratings, certifications,
12or classification systems, and procedures relating to
13documentation of compliance, in accordance with section
1417A.6C if applicable. The standards and requirements shall
15be incorporated into the state building code established in
16section 103A.7, but in lieu of general applicability shall
17apply to construction projects only if such applicability is
18expressly authorized by statute, or as established by another
19state agency by rule.
20 Sec. 10. Section 105.4, subsection 1, paragraph a, Code
212021, is amended to read as follows:
22a. The board shall establish by rule a plumbing installation
23code governing the installation of plumbing in this state.
24Consistent with fire safety rules and standards promulgated by
25the state fire marshal, and if authorized pursuant to section
2617A.6C, the board shall adopt the most current version of the
27uniform plumbing code and the international mechanical code,
28as the state plumbing code and the state mechanical code, to
29govern the installation of plumbing and mechanical systems in
30this state. The board shall adopt the current version of each
31code within six months of its being released. The board may
32adopt amendments to each code by rule. The board shall work
33in consultation with the state fire marshal to ensure that
34proposed amendments do not conflict with the fire safety rules
35and standards promulgated by the state fire marshal. The state
-4-1plumbing code and the state mechanical code shall be applicable
2to all buildings and structures owned by the state or an agency
3of the state and in each local jurisdiction.
4 Sec. 11. Section 135.11, subsection 26, Code 2021, is
5amended to read as follows:
626. In consultation with the advisory committee for
7perinatal guidelines, develop and maintain the statewide
8perinatal program based on the recommendations of the American
9academy of pediatrics and the American college of obstetricians
10and gynecologists contained in the most recent edition of
11the guidelines for perinatal care, and shall adopt rules in
12accordance with chapter 17A to implement those recommendations.
13Such adoption shall be in accordance with section 17A.6C
14if applicable. Hospitals within the state shall determine
15whether to participate in the statewide perinatal program,
16and select the hospital’s level of participation in the
17program. A hospital having determined to participate in the
18program shall comply with the guidelines appropriate to the
19level of participation selected by the hospital. Perinatal
20program surveys and reports are privileged and confidential
21and are not subject to discovery, subpoena, or other means
22of legal compulsion for their release to a person other than
23the affected hospital, and are not admissible in evidence in a
24judicial or administrative proceeding other than a proceeding
25involving verification of the participating hospital under this
26subsection.
27 Sec. 12. Section 135C.9, subsection 2, Code 2021, is amended
28to read as follows:
292. The rules and standards promulgated by the fire marshal
30pursuant to subsection 1, paragraph “b”, of this section
31shall be substantially in keeping with the latest generally
32recognized safety criteria for the facilities covered, of which
33the applicable criteria recommended and published from time
34to time by the national fire protection association shall be
35prima facie evidence. The rules and standards promulgated by
-5-1the fire marshal shall be promulgated in consultation with the
2department and in accordance with section 17A.6C if applicable
3 and shall, to the greatest extent possible, be consistent with
4rules adopted by the department under this chapter.
5 Sec. 13. Section 135C.14, unnumbered paragraph 1, Code
62021, is amended to read as follows:
7The department shall, in accordance with chapter 17A
8and with the approval of the state board of health, adopt
9and enforce rules setting minimum standards for health care
10facilities. In so doing, the department, with the approval
11of the state board of health, and if authorized pursuant
12to section 17A.6C, may adopt by reference, with or without
13amendment, nationally recognized standards and rules, which
14shall be specified by title and edition, date of publication,
15or similar information. The rules and standards required by
16this section shall be formulated in consultation with the
17director of human services or the director’s designee, with the
18state fire marshal, and with affected industry, professional,
19and consumer groups, and shall be designed to further the
20accomplishment of the purposes of this chapter and shall relate
21to:
22 Sec. 14. Section 148F.3, subsection 2, Code 2021, is amended
23to read as follows:
242. Adoption of rules to establish accepted standards of
25orthotic and prosthetic scope of practice, including the
26classification of devices and supervision of nonlicensed
27caregivers. Any changes to the nationally accepted standards
28by the American board for certification in orthotics,
29prosthetics and pedorthics which impact scope of practice may
30be approved by the board along with the adoption of rules as
31required in this section in accordance with section 17A.6C if
32applicable.
33 Sec. 15. Section 214A.2, subsection 1, Code 2021, is amended
34to read as follows:
351. The department shall adopt rules pursuant to chapter
-6-117A for carrying out this chapter. The rules may include but
2are not limited to specifications relating to motor fuel,
3including but not limited to renewable fuel such as ethanol
4blended gasoline, biobutanol blended gasoline, biodiesel,
5biodiesel blended fuel, and motor fuel components such as an
6oxygenate. In the interest of uniformity, the department shall
7adopt by reference other specifications relating to tests and
8standards for motor fuel, including renewable fuel and motor
9fuel components, established by the United States environmental
10protection agency and A.S.T.M. international. The department
11shall comply with section 17A.6C, if applicable, when making
12such an adoption by reference.
13 Sec. 16. Section 231B.2, subsection 1, unnumbered paragraph
141, Code 2021, is amended to read as follows:
15The department shall establish by rule, in accordance with
16chapter 17A, minimum standards for certification and monitoring
17of elder group homes. The department may adopt by reference,
18with or without amendment, nationally recognized standards
19and rules for elder group homes if authorized pursuant to
20section 17A.6C. The standards and rules shall be formulated
21in consultation with affected state agencies and affected
22industry, professional, and consumer groups; shall be designed
23to accomplish the purposes of this chapter; and shall include
24but not be limited to rules relating to all of the following:
25 Sec. 17. Section 231C.3, subsection 1, unnumbered paragraph
261, Code 2021, is amended to read as follows:
27The department shall establish by rule in accordance
28with chapter 17A minimum standards for certification and
29monitoring of assisted living programs. The department may
30adopt by reference with or without amendment, nationally
31recognized standards and rules for assisted living programs if
32authorized pursuant to section 17A.6C. The rules shall include
33specification of recognized accrediting entities and provisions
34related to dementia-specific programs. The standards and
35rules shall be formulated in consultation with affected state
-7-1agencies and affected industry, professional, and consumer
2groups; shall be designed to accomplish the purposes of
3this chapter; and shall include but are not limited to rules
4relating to all of the following:
5 Sec. 18. Section 231D.2, subsection 2, Code 2021, is amended
6to read as follows:
72. The department shall establish, by rule in accordance
8with chapter 17A, a program for certification and monitoring
9of and complaint investigations related to adult day services
10programs. The department, in establishing minimum standards
11for adult day services programs, may adopt by rule in
12accordance with chapter 17A, nationally recognized standards
13for adult day services programs if authorized pursuant to
14section 17A.6C. The rules shall include specification of
15recognized accrediting entities. The rules shall include
16a requirement that sufficient staffing be available at all
17times to fully meet a participant’s identified needs. The
18rules shall include a requirement that no fewer than two
19staff persons who monitor participants as indicated in each
20participant’s service plan shall be awake and on duty during
21the hours of operation when two or more participants are
22present. The rules and minimum standards adopted shall be
23formulated in consultation with affected state agencies and
24affected industry, professional, and consumer groups and shall
25be designed to accomplish the purpose of this chapter.
26 Sec. 19. Section 508.36, subsection 4, paragraph a,
27subparagraph (3), subparagraph division (c), Code 2021, is
28amended to read as follows:
29(c) Any ordinary mortality table, adopted after 1980 by the
30national association of insurance commissioners, if authorized
31pursuant to section 17A.6C, that is approved by rule adopted by
32the commissioner for use in determining the minimum standard
33of valuation for such policies.
34 Sec. 20. Section 508.36, subsection 4, paragraph b,
35subparagraph (2), Code 2021, is amended to read as follows:
-8- 1(2) For policies issued on or after the operative date of
2section 508.37, subsection 6, paragraph “b”, the commissioners
31961 standard industrial mortality table, or any industrial
4mortality table adopted after 1980 by the national association
5of insurance commissioners, if authorized pursuant to section
617A.6C, that is approved by rule adopted by the commissioner
7for use in determining the minimum standard of valuation for
8such policies.
9 Sec. 21. Section 508.36, subsection 4, paragraph e,
10subparagraph (1), subparagraph division (a), Code 2021, is
11amended to read as follows:
12(a) For policies or contracts issued on or after January
131, 1966, the tables of period 2 disablement rates and the
141930 to 1950 termination rates of the 1952 disability study
15of the society of actuaries, with due regard to the type of
16benefit, or any tables of disablement rates and termination
17rates adopted after 1980 by the national association of
18insurance commissioners and, if authorized pursuant to section
1917A.6C, approved by rule adopted by the commissioner for use
20in determining the minimum standard of valuation for such
21policies.
22 Sec. 22. Section 508.36, subsection 4, paragraph f,
23subparagraph (1), subparagraph division (a), Code 2021, is
24amended to read as follows:
25(a) For policies issued on or after January 1, 1966, the
261959 accidental death benefits table, or any accidental death
27benefits table adopted after 1980 by the national association
28of insurance commissioners and, if authorized pursuant to
29section 17A.6C, approved by rule adopted by the commissioner
30for use in determining the minimum standard of valuation for
31such policies.
32 Sec. 23. Section 508.36, subsection 5, paragraph a,
33subparagraph (2), subparagraph division (a), subparagraph
34subdivision (ii), Code 2021, is amended to read as follows:
35(ii) An individual annuity mortality table, adopted after
-9-11980 by the national association of insurance commissioners
2and, if authorized pursuant to section 17A.6C, approved by rule
3adopted by the commissioner for use in determining the minimum
4standard of valuation for such contracts.
5 Sec. 24. Section 508.36, subsection 5, paragraph a,
6subparagraph (3), subparagraph division (a), subparagraph
7subdivision (ii), Code 2021, is amended to read as follows:
8(ii) An individual annuity mortality table adopted after
91980 by the national association of insurance commissioners
10and, if authorized pursuant to section 17A.6C, approved by rule
11adopted by the commissioner for use in determining the minimum
12standard of valuation for such contracts.
13 Sec. 25. Section 508.36, subsection 5, paragraph a,
14subparagraph (5), subparagraph division (a), subparagraph
15subdivision (ii), Code 2021, is amended to read as follows:
16(ii) A group annuity mortality table adopted after 1980 by
17the national association of insurance commissioners and, if
18authorized pursuant to section 17A.6C, approved by rule adopted
19by the commissioner for use in determining the minimum standard
20of valuation for such annuities and pure endowments.
21 Sec. 26. Section 508.37, subsection 7, paragraph h,
22subparagraphs (6), (7), (8), and (9), Code 2021, are amended
23to read as follows:
24(6) For policies issued prior to the operative date of
25the valuation manual, any commissioners standard ordinary
26mortality tables adopted after 1980 by the national association
27of insurance commissioners and, if authorized pursuant to
28section 17A.6C, approved by rule adopted by the commissioner
29for use in determining the minimum nonforfeiture standard may
30be substituted for the commissioners 1980 standard ordinary
31mortality table with or without ten-year select mortality
32factors or for the commissioners 1980 extended term insurance
33table.
34(7) For policies issued on or after the operative date of
35the valuation manual, the valuation manual shall provide the
-10-1commissioners standard mortality table for use in determining
2the minimum forfeiture standard that may be substituted for
3the commissioners 1980 standard ordinary mortality table
4with or without ten-year select mortality factors or for the
5commissioners 1980 extended term insurance table. If the
6commissioner approves by rule in accordance with section 17A.6C
7 the commissioners standard ordinary mortality table adopted by
8the national association of insurance commissioners for use in
9determining the minimum nonforfeiture standard for policies
10or contracts issued on or after the operative date of the
11valuation manual, then that minimum nonforfeiture standard
12supersedes the minimum nonforfeiture standard provided by the
13valuation manual.
14(8) Any industrial mortality tables adopted after 1980
15by the national association of insurance commissioners and,
16if authorized pursuant to section 17A.6C, approved by rule
17adopted by the commissioner for use in determining the minimum
18nonforfeiture standard may be substituted for the commissioners
191961 standard industrial mortality table or the commissioners
201961 industrial extended term insurance table.
21(9) For policies issued on or after the operative date
22of the valuation manual, the valuation manual shall provide
23the commissioners standard ordinary mortality table for use
24in determining the minimum nonforfeiture standard that may be
25substituted for the commissioners 1961 standard industrial
26mortality table or the commissioners 1961 industrial extended
27term insurance table. If the commissioner approves by rule
28in accordance with section 17A.6C any commissioners standard
29industrial mortality table adopted by the national association
30of insurance commissioners for use in determining the minimum
31nonforfeiture standard for policies issued on or after the
32operative date of the valuation manual, then that minimum
33nonforfeiture standard supersedes the minimum nonforfeiture
34standard provided by the valuation manual.
35 Sec. 27. Section 514C.12, subsection 1, Code 2021, is
-11-1amended to read as follows:
21. Notwithstanding section 514C.6, a person who provides
3an individual or group policy of accident or health insurance
4or individual or group hospital or health care service
5contract issued pursuant to chapter 509, 509A, 514, or 514A
6or an individual or group health maintenance organization
7contract issued and regulated under chapter 514B, which is
8delivered, amended, or renewed on or after July 1, 1996, and
9which provides maternity benefits, which are not limited to
10complications of pregnancy, or newborn care benefits, shall not
11terminate inpatient benefits or require discharge of a mother
12or the newborn from a hospital following delivery earlier
13than determined to be medically appropriate by the attending
14physician after consultation with the mother and in accordance
15with guidelines adopted by rule by the commissioner. The
16guidelines adopted by rule shall be consistent with or, if
17authorized pursuant to section 17A.6C, may adopt by reference
18the guidelines for perinatal care established by the American
19academy of pediatrics and the American college of obstetricians
20and gynecologists which provide that when complications are not
21present, the postpartum hospital stay ranges from a minimum
22of forty-eight hours for a vaginal delivery to a minimum of
23ninety-six hours for a cesarean birth, excluding the day of
24delivery. The guidelines adopted by rule by the commissioner
25shall also provide that in the event of a discharge from
26the hospital prior to the minimum stay established in the
27guidelines, a postdischarge follow-up visit shall be provided
28to the mother and newborn by providers competent in postpartum
29care and newborn assessment if determined medically appropriate
30as directed by the attending physician, in accordance with the
31guidelines.
32 Sec. 28. Section 514C.22, subsection 4, Code 2021, is
33amended to read as follows:
344. The commissioner, by rule, shall define the biologically
35based mental illnesses identified in subsection 3. Definitions
-12-1established by the commissioner shall be consistent with
2definitions provided in the most recent edition of the American
3psychiatric association’s diagnostic and statistical manual of
4mental disorders, as such definitions may be amended from time
5to time. The commissioner may adopt the definitions provided
6in such manual by reference, if authorized pursuant to section
717A.6C.
8 Sec. 29. Section 514C.27, subsection 4, Code 2021, is
9amended to read as follows:
104. The commissioner, by rule, shall define “mental illness”
11consistent with definitions provided in the most recent edition
12of the American psychiatric association’s diagnostic and
13statistical manual of mental disorders, as the definitions may
14be amended from time to time. The commissioner may adopt the
15definitions provided in such manual by reference, if authorized
16pursuant to section 17A.6C.
17 Sec. 30. Section 514C.28, subsection 2, paragraph c, Code
182021, is amended to read as follows:
19c. “Autism spectrum disorders” means any of the pervasive
20developmental disorders including autistic disorder, Asperger’s
21disorder, and pervasive developmental disorders not otherwise
22specified. The commissioner, by rule, shall define “autism
23spectrum disorders” consistent with definitions provided in the
24most recent edition of the American psychiatric association’s
25diagnostic and statistical manual of mental disorders, as such
26definitions may be amended from time to time. The commissioner
27may adopt the definitions provided in such manual by reference,
28if authorized pursuant to section 17A.6C.
29 Sec. 31. Section 515.63, subsection 15, Code 2021, is
30amended to read as follows:
3115. All other information as required by the national
32association of insurance commissioners’ annual statement blank.
33The annual statement blank shall be prepared in accordance with
34instructions prescribed by the commissioner. All financial
35information reflected in the annual report shall be kept and
-13-1prepared in accordance with accounting practices and procedures
2prescribed by the commissioner. The commissioner may adopt
3by reference the annual statement handbook and the accounting
4practices and procedures manual of the national association of
5insurance commissioners, in accordance with section 17A.6C if
6applicable.
7 Sec. 32. Section 515E.3, subsection 1, Code 2021, is amended
8to read as follows:
91. To be organized as a risk retention group in this
10state, the group must be organized and licensed as a liability
11insurance company authorized by the insurance laws of this
12state. Except as provided elsewhere in this chapter, a risk
13retention group organized in this state must comply with
14all of the laws, rules, and requirements applicable to a
15liability insurer organized in this state. Additionally,
16a risk retention group organized in this state must comply
17with section 515E.4. These requirements do not exempt a risk
18retention group from a duty imposed by any other law or rule
19of the state. Before it may offer insurance in any state,
20a risk retention group shall also submit for approval to the
21commissioner of insurance of this state a plan of operation
22or a feasibility study, and revisions of the plan or study
23within ten days of any change. The name under which a risk
24retention group may be chartered and licensed shall be a brief
25description of its membership followed by the phrase “risk
26retention group” and, unless its membership consists solely of
27insurers, shall not include the terms “insurance”, “mutual”,
28“reciprocal”, or any similar term. A risk retention group
29chartered in this state shall file with the division and the
30national association of insurance commissioners an annual
31statement blank prepared in accordance with instructions
32prescribed by the commissioner. All financial information
33reflected in the annual statement shall be kept and prepared in
34accordance with accounting practices and procedures prescribed
35by the commissioner. The commissioner may adopt by reference
-14-1the annual statement handbook and the accounting practices and
2procedures manual of the national association of insurance
3commissioners, in accordance with section 17A.6C if applicable.
4 Sec. 33. Section 542.3, subsection 1, paragraph b, Code
52021, is amended to read as follows:
6b. The standards specified in this subsection are those
7standards adopted by the board, by rule, by reference, in
8accordance with section 17A.6C, to the standards developed for
9general application by the American institute of certified
10public accountants, the public company accounting oversight
11board, or other recognized national accountancy organization.
12DIVISION IV
13Effective date
14 Sec. 34. EFFECTIVE DATE. This Act, being deemed of
15immediate importance, takes effect upon enactment.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to the adoption by executive branch
20agencies of standards by reference to other publications.
21The bill prohibits an agency, on and after the effective date
22of the bill, from adopting, by rule, a standard by reference
23to another publication, or a new edition, amendment, or other
24update to such a standard previously adopted by reference,
25unless adoption of the specific standard, edition, amendment,
26or other update is explicitly authorized by a bill enacted by
27the general assembly.
28The bill defines “publication” to include a successor
29publication to a publication previously adopted by reference,
30but not a publication by the executive, legislative, or
31judicial branches, or any component thereof, or a federal
32publication.
33The bill does not apply to adoption of a standard by
34reference to another publication if such adoption is explicitly
35required by federal law.
-15- 1The bill shall not be construed to affect the validity of
2the adoption of a standard adopted by an agency prior to the
3effective date of the bill. The bill shall not be construed to
4authorize an agency to adopt, by means other than rulemaking, a
5standard by reference to another publication if such adoption
6is not otherwise authorized by state or federal law.
7The bill makes corresponding amendments to statutory
8language regarding adoption of standards by reference to
9various publications.
10The bill strikes language requiring the electrical examining
11board to adopt rules based on minimum standards set forth in
12the most current publication of the national electrical code
13issued and adopted by the national fire protection association
14and amendments to the code and instead provides that such rules
15shall be based on the 2020 publication of the code without
16amendments.
17The bill takes effect upon enactment.
-16-je/rn
2standards by reference to certain publications and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Limitation on adoption of standards by reference
3 Section 1. Section 17A.6, Code 2021, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 4. An agency which adopts standards by
6reference to another publication shall comply with section
717A.6C if applicable.
8 Sec. 2. NEW SECTION. 17A.6C Limitation on adoption of
9standards by reference.
101. For purposes of this section, “publication” includes a
11successor publication to a publication previously adopted by
12reference, but does not include a publication by the executive,
13legislative, or judicial branches, or any component thereof, or
14a federal publication.
152. On and after the effective date of this Act, an agency
16shall not, by rule, adopt a standard by reference to another
17publication, or a new edition, amendment, or other update
18to such a standard previously adopted by reference, unless
19adoption of the specific standard, edition, amendment, or
20other update is explicitly authorized by a bill enacted by the
21general assembly.
223. This section does not apply to adoption of a standard by
23reference to another publication if such adoption is explicitly
24required by federal law.
254. This section shall not be construed to affect the
26validity of the adoption of a standard adopted by an agency
27prior to the effective date of this Act. This section shall
28not be construed to authorize an agency to adopt, by means
29other than rulemaking, a standard by reference to another
30publication if such adoption is not otherwise authorized by
31state or federal law.
32DIVISION II
332020 national electrical code
34 Sec. 3. Section 103.6, subsection 1, paragraph a, Code 2021,
35is amended to read as follows:
-1- 1a. Adopt rules pursuant to chapter 17A and in doing so
2shall be governed by the minimum standards set forth in the
3most current 2020 publication of the national electrical code
4issued and adopted by the national fire protection association,
5and without amendments, to the code, which code and amendments
6 shall be filed in the offices of the state law library and the
7board and shall be a public record. The board shall adopt
8rules reflecting updates to the code and amendments to the
9code. The board shall promulgate and adopt rules establishing
10wiring standards that protect public safety and health and
11property and that apply to all electrical wiring which is
12installed subject to this chapter.
13 Sec. 4. Section 103.10, subsection 2, Code 2021, is amended
14to read as follows:
152. In addition, an applicant shall meet examination
16criteria based upon the most recent national electrical code
17adopted pursuant to section 103.6 and upon electrical theory,
18as determined by the board.
19DIVISION III
20Corresponding Amendments
21 Sec. 5. Section 88A.3, subsection 1, Code 2021, is amended
22to read as follows:
231. The commissioner shall adopt rules pursuant to chapter
2417A for the safe installation, repair, maintenance, use,
25operation, and inspection of amusement devices, amusement
26rides, concession booths, and related electrical equipment at
27carnivals and fairs to the extent necessary for the protection
28of the public. The rules shall be based on generally accepted
29engineering standards and shall be concerned with, but not
30necessarily limited to, engineering force stresses, safety
31devices, and preventive maintenance. If standards are
32available in suitable form, the standards may be incorporated
33by reference if authorized pursuant to section 17A.6C. The
34rules shall provide for the reporting of accidents and injuries
35incurred from the operation of amusement devices or rides,
-2-1concession booths, or related electrical equipment.
2 Sec. 6. Section 89A.3, subsection 3, Code 2021, is amended
3to read as follows:
43. The safety board shall adopt rules for conveyances
5according to the applicable provisions of the American
6society of mechanical engineers safety codes for elevators
7and escalators, A17.1 and A17.3, as the safety board deems
8necessary. In adopting rules the safety board may adopt the
9American society of mechanical engineers safety codes, or any
10part of the codes, by reference, if authorized pursuant to
11section 17A.6C.
12 Sec. 7. Section 99D.23, subsection 1, Code 2021, is amended
13to read as follows:
141. The commission shall employ one or more chemists or
15contract with a qualified chemical laboratory to determine by
16chemical testing and analysis of saliva, urine, blood, hair,
17or other excretions or body fluids whether a substance or drug
18has been introduced which may affect the outcome of a race or
19whether an action has been taken or a substance or drug has
20been introduced which may interfere with the testing procedure.
21The commission shall adopt rules under chapter 17A concerning
22procedures and actions taken on positive drug reports. The
23commission may adopt by reference nationally recognized
24standards as determined by the commission if authorized
25pursuant to section 17A.6C or may adopt any other procedure
26or standard. The commission has the authority to retain and
27preserve by freezing, test samples for future analysis.
28 Sec. 8. Section 103A.8, subsection 1, Code 2021, is amended
29to read as follows:
301. Provide uniform standards and requirements for
31construction, construction materials, and equipment through
32the adoption by reference, if authorized pursuant to section
3317A.6C, of applicable national codes where appropriate and
34providing exceptions when necessary. The rules adopted shall
35include provisions imposing requirements reasonably consistent
-3-1with or identical to recognized and accepted standards
2contained in performance criteria.
3 Sec. 9. Section 103A.8B, Code 2021, is amended to read as
4follows:
5103A.8B Sustainable design or green building standards.
6The commissioner, after consulting with and receiving
7recommendations from the department of natural resources,
8shall adopt rules pursuant to chapter 17A specifying standards
9and requirements for sustainable design and construction.
10The standards and requirements shall be based upon or
11incorporating nationally recognized ratings, certifications,
12or classification systems, and procedures relating to
13documentation of compliance, in accordance with section
1417A.6C if applicable. The standards and requirements shall
15be incorporated into the state building code established in
16section 103A.7, but in lieu of general applicability shall
17apply to construction projects only if such applicability is
18expressly authorized by statute, or as established by another
19state agency by rule.
20 Sec. 10. Section 105.4, subsection 1, paragraph a, Code
212021, is amended to read as follows:
22a. The board shall establish by rule a plumbing installation
23code governing the installation of plumbing in this state.
24Consistent with fire safety rules and standards promulgated by
25the state fire marshal, and if authorized pursuant to section
2617A.6C, the board shall adopt the most current version of the
27uniform plumbing code and the international mechanical code,
28as the state plumbing code and the state mechanical code, to
29govern the installation of plumbing and mechanical systems in
30this state. The board shall adopt the current version of each
31code within six months of its being released. The board may
32adopt amendments to each code by rule. The board shall work
33in consultation with the state fire marshal to ensure that
34proposed amendments do not conflict with the fire safety rules
35and standards promulgated by the state fire marshal. The state
-4-1plumbing code and the state mechanical code shall be applicable
2to all buildings and structures owned by the state or an agency
3of the state and in each local jurisdiction.
4 Sec. 11. Section 135.11, subsection 26, Code 2021, is
5amended to read as follows:
626. In consultation with the advisory committee for
7perinatal guidelines, develop and maintain the statewide
8perinatal program based on the recommendations of the American
9academy of pediatrics and the American college of obstetricians
10and gynecologists contained in the most recent edition of
11the guidelines for perinatal care, and shall adopt rules in
12accordance with chapter 17A to implement those recommendations.
13Such adoption shall be in accordance with section 17A.6C
14if applicable. Hospitals within the state shall determine
15whether to participate in the statewide perinatal program,
16and select the hospital’s level of participation in the
17program. A hospital having determined to participate in the
18program shall comply with the guidelines appropriate to the
19level of participation selected by the hospital. Perinatal
20program surveys and reports are privileged and confidential
21and are not subject to discovery, subpoena, or other means
22of legal compulsion for their release to a person other than
23the affected hospital, and are not admissible in evidence in a
24judicial or administrative proceeding other than a proceeding
25involving verification of the participating hospital under this
26subsection.
27 Sec. 12. Section 135C.9, subsection 2, Code 2021, is amended
28to read as follows:
292. The rules and standards promulgated by the fire marshal
30pursuant to subsection 1, paragraph “b”, of this section
31shall be substantially in keeping with the latest generally
32recognized safety criteria for the facilities covered, of which
33the applicable criteria recommended and published from time
34to time by the national fire protection association shall be
35prima facie evidence. The rules and standards promulgated by
-5-1the fire marshal shall be promulgated in consultation with the
2department and in accordance with section 17A.6C if applicable
3 and shall, to the greatest extent possible, be consistent with
4rules adopted by the department under this chapter.
5 Sec. 13. Section 135C.14, unnumbered paragraph 1, Code
62021, is amended to read as follows:
7The department shall, in accordance with chapter 17A
8and with the approval of the state board of health, adopt
9and enforce rules setting minimum standards for health care
10facilities. In so doing, the department, with the approval
11of the state board of health, and if authorized pursuant
12to section 17A.6C, may adopt by reference, with or without
13amendment, nationally recognized standards and rules, which
14shall be specified by title and edition, date of publication,
15or similar information. The rules and standards required by
16this section shall be formulated in consultation with the
17director of human services or the director’s designee, with the
18state fire marshal, and with affected industry, professional,
19and consumer groups, and shall be designed to further the
20accomplishment of the purposes of this chapter and shall relate
21to:
22 Sec. 14. Section 148F.3, subsection 2, Code 2021, is amended
23to read as follows:
242. Adoption of rules to establish accepted standards of
25orthotic and prosthetic scope of practice, including the
26classification of devices and supervision of nonlicensed
27caregivers. Any changes to the nationally accepted standards
28by the American board for certification in orthotics,
29prosthetics and pedorthics which impact scope of practice may
30be approved by the board along with the adoption of rules as
31required in this section in accordance with section 17A.6C if
32applicable.
33 Sec. 15. Section 214A.2, subsection 1, Code 2021, is amended
34to read as follows:
351. The department shall adopt rules pursuant to chapter
-6-117A for carrying out this chapter. The rules may include but
2are not limited to specifications relating to motor fuel,
3including but not limited to renewable fuel such as ethanol
4blended gasoline, biobutanol blended gasoline, biodiesel,
5biodiesel blended fuel, and motor fuel components such as an
6oxygenate. In the interest of uniformity, the department shall
7adopt by reference other specifications relating to tests and
8standards for motor fuel, including renewable fuel and motor
9fuel components, established by the United States environmental
10protection agency and A.S.T.M. international. The department
11shall comply with section 17A.6C, if applicable, when making
12such an adoption by reference.
13 Sec. 16. Section 231B.2, subsection 1, unnumbered paragraph
141, Code 2021, is amended to read as follows:
15The department shall establish by rule, in accordance with
16chapter 17A, minimum standards for certification and monitoring
17of elder group homes. The department may adopt by reference,
18with or without amendment, nationally recognized standards
19and rules for elder group homes if authorized pursuant to
20section 17A.6C. The standards and rules shall be formulated
21in consultation with affected state agencies and affected
22industry, professional, and consumer groups; shall be designed
23to accomplish the purposes of this chapter; and shall include
24but not be limited to rules relating to all of the following:
25 Sec. 17. Section 231C.3, subsection 1, unnumbered paragraph
261, Code 2021, is amended to read as follows:
27The department shall establish by rule in accordance
28with chapter 17A minimum standards for certification and
29monitoring of assisted living programs. The department may
30adopt by reference with or without amendment, nationally
31recognized standards and rules for assisted living programs if
32authorized pursuant to section 17A.6C. The rules shall include
33specification of recognized accrediting entities and provisions
34related to dementia-specific programs. The standards and
35rules shall be formulated in consultation with affected state
-7-1agencies and affected industry, professional, and consumer
2groups; shall be designed to accomplish the purposes of
3this chapter; and shall include but are not limited to rules
4relating to all of the following:
5 Sec. 18. Section 231D.2, subsection 2, Code 2021, is amended
6to read as follows:
72. The department shall establish, by rule in accordance
8with chapter 17A, a program for certification and monitoring
9of and complaint investigations related to adult day services
10programs. The department, in establishing minimum standards
11for adult day services programs, may adopt by rule in
12accordance with chapter 17A, nationally recognized standards
13for adult day services programs if authorized pursuant to
14section 17A.6C. The rules shall include specification of
15recognized accrediting entities. The rules shall include
16a requirement that sufficient staffing be available at all
17times to fully meet a participant’s identified needs. The
18rules shall include a requirement that no fewer than two
19staff persons who monitor participants as indicated in each
20participant’s service plan shall be awake and on duty during
21the hours of operation when two or more participants are
22present. The rules and minimum standards adopted shall be
23formulated in consultation with affected state agencies and
24affected industry, professional, and consumer groups and shall
25be designed to accomplish the purpose of this chapter.
26 Sec. 19. Section 508.36, subsection 4, paragraph a,
27subparagraph (3), subparagraph division (c), Code 2021, is
28amended to read as follows:
29(c) Any ordinary mortality table, adopted after 1980 by the
30national association of insurance commissioners, if authorized
31pursuant to section 17A.6C, that is approved by rule adopted by
32the commissioner for use in determining the minimum standard
33of valuation for such policies.
34 Sec. 20. Section 508.36, subsection 4, paragraph b,
35subparagraph (2), Code 2021, is amended to read as follows:
-8- 1(2) For policies issued on or after the operative date of
2section 508.37, subsection 6, paragraph “b”, the commissioners
31961 standard industrial mortality table, or any industrial
4mortality table adopted after 1980 by the national association
5of insurance commissioners, if authorized pursuant to section
617A.6C, that is approved by rule adopted by the commissioner
7for use in determining the minimum standard of valuation for
8such policies.
9 Sec. 21. Section 508.36, subsection 4, paragraph e,
10subparagraph (1), subparagraph division (a), Code 2021, is
11amended to read as follows:
12(a) For policies or contracts issued on or after January
131, 1966, the tables of period 2 disablement rates and the
141930 to 1950 termination rates of the 1952 disability study
15of the society of actuaries, with due regard to the type of
16benefit, or any tables of disablement rates and termination
17rates adopted after 1980 by the national association of
18insurance commissioners and, if authorized pursuant to section
1917A.6C, approved by rule adopted by the commissioner for use
20in determining the minimum standard of valuation for such
21policies.
22 Sec. 22. Section 508.36, subsection 4, paragraph f,
23subparagraph (1), subparagraph division (a), Code 2021, is
24amended to read as follows:
25(a) For policies issued on or after January 1, 1966, the
261959 accidental death benefits table, or any accidental death
27benefits table adopted after 1980 by the national association
28of insurance commissioners and, if authorized pursuant to
29section 17A.6C, approved by rule adopted by the commissioner
30for use in determining the minimum standard of valuation for
31such policies.
32 Sec. 23. Section 508.36, subsection 5, paragraph a,
33subparagraph (2), subparagraph division (a), subparagraph
34subdivision (ii), Code 2021, is amended to read as follows:
35(ii) An individual annuity mortality table, adopted after
-9-11980 by the national association of insurance commissioners
2and, if authorized pursuant to section 17A.6C, approved by rule
3adopted by the commissioner for use in determining the minimum
4standard of valuation for such contracts.
5 Sec. 24. Section 508.36, subsection 5, paragraph a,
6subparagraph (3), subparagraph division (a), subparagraph
7subdivision (ii), Code 2021, is amended to read as follows:
8(ii) An individual annuity mortality table adopted after
91980 by the national association of insurance commissioners
10and, if authorized pursuant to section 17A.6C, approved by rule
11adopted by the commissioner for use in determining the minimum
12standard of valuation for such contracts.
13 Sec. 25. Section 508.36, subsection 5, paragraph a,
14subparagraph (5), subparagraph division (a), subparagraph
15subdivision (ii), Code 2021, is amended to read as follows:
16(ii) A group annuity mortality table adopted after 1980 by
17the national association of insurance commissioners and, if
18authorized pursuant to section 17A.6C, approved by rule adopted
19by the commissioner for use in determining the minimum standard
20of valuation for such annuities and pure endowments.
21 Sec. 26. Section 508.37, subsection 7, paragraph h,
22subparagraphs (6), (7), (8), and (9), Code 2021, are amended
23to read as follows:
24(6) For policies issued prior to the operative date of
25the valuation manual, any commissioners standard ordinary
26mortality tables adopted after 1980 by the national association
27of insurance commissioners and, if authorized pursuant to
28section 17A.6C, approved by rule adopted by the commissioner
29for use in determining the minimum nonforfeiture standard may
30be substituted for the commissioners 1980 standard ordinary
31mortality table with or without ten-year select mortality
32factors or for the commissioners 1980 extended term insurance
33table.
34(7) For policies issued on or after the operative date of
35the valuation manual, the valuation manual shall provide the
-10-1commissioners standard mortality table for use in determining
2the minimum forfeiture standard that may be substituted for
3the commissioners 1980 standard ordinary mortality table
4with or without ten-year select mortality factors or for the
5commissioners 1980 extended term insurance table. If the
6commissioner approves by rule in accordance with section 17A.6C
7 the commissioners standard ordinary mortality table adopted by
8the national association of insurance commissioners for use in
9determining the minimum nonforfeiture standard for policies
10or contracts issued on or after the operative date of the
11valuation manual, then that minimum nonforfeiture standard
12supersedes the minimum nonforfeiture standard provided by the
13valuation manual.
14(8) Any industrial mortality tables adopted after 1980
15by the national association of insurance commissioners and,
16if authorized pursuant to section 17A.6C, approved by rule
17adopted by the commissioner for use in determining the minimum
18nonforfeiture standard may be substituted for the commissioners
191961 standard industrial mortality table or the commissioners
201961 industrial extended term insurance table.
21(9) For policies issued on or after the operative date
22of the valuation manual, the valuation manual shall provide
23the commissioners standard ordinary mortality table for use
24in determining the minimum nonforfeiture standard that may be
25substituted for the commissioners 1961 standard industrial
26mortality table or the commissioners 1961 industrial extended
27term insurance table. If the commissioner approves by rule
28in accordance with section 17A.6C any commissioners standard
29industrial mortality table adopted by the national association
30of insurance commissioners for use in determining the minimum
31nonforfeiture standard for policies issued on or after the
32operative date of the valuation manual, then that minimum
33nonforfeiture standard supersedes the minimum nonforfeiture
34standard provided by the valuation manual.
35 Sec. 27. Section 514C.12, subsection 1, Code 2021, is
-11-1amended to read as follows:
21. Notwithstanding section 514C.6, a person who provides
3an individual or group policy of accident or health insurance
4or individual or group hospital or health care service
5contract issued pursuant to chapter 509, 509A, 514, or 514A
6or an individual or group health maintenance organization
7contract issued and regulated under chapter 514B, which is
8delivered, amended, or renewed on or after July 1, 1996, and
9which provides maternity benefits, which are not limited to
10complications of pregnancy, or newborn care benefits, shall not
11terminate inpatient benefits or require discharge of a mother
12or the newborn from a hospital following delivery earlier
13than determined to be medically appropriate by the attending
14physician after consultation with the mother and in accordance
15with guidelines adopted by rule by the commissioner. The
16guidelines adopted by rule shall be consistent with or, if
17authorized pursuant to section 17A.6C, may adopt by reference
18the guidelines for perinatal care established by the American
19academy of pediatrics and the American college of obstetricians
20and gynecologists which provide that when complications are not
21present, the postpartum hospital stay ranges from a minimum
22of forty-eight hours for a vaginal delivery to a minimum of
23ninety-six hours for a cesarean birth, excluding the day of
24delivery. The guidelines adopted by rule by the commissioner
25shall also provide that in the event of a discharge from
26the hospital prior to the minimum stay established in the
27guidelines, a postdischarge follow-up visit shall be provided
28to the mother and newborn by providers competent in postpartum
29care and newborn assessment if determined medically appropriate
30as directed by the attending physician, in accordance with the
31guidelines.
32 Sec. 28. Section 514C.22, subsection 4, Code 2021, is
33amended to read as follows:
344. The commissioner, by rule, shall define the biologically
35based mental illnesses identified in subsection 3. Definitions
-12-1established by the commissioner shall be consistent with
2definitions provided in the most recent edition of the American
3psychiatric association’s diagnostic and statistical manual of
4mental disorders, as such definitions may be amended from time
5to time. The commissioner may adopt the definitions provided
6in such manual by reference, if authorized pursuant to section
717A.6C.
8 Sec. 29. Section 514C.27, subsection 4, Code 2021, is
9amended to read as follows:
104. The commissioner, by rule, shall define “mental illness”
11consistent with definitions provided in the most recent edition
12of the American psychiatric association’s diagnostic and
13statistical manual of mental disorders, as the definitions may
14be amended from time to time. The commissioner may adopt the
15definitions provided in such manual by reference, if authorized
16pursuant to section 17A.6C.
17 Sec. 30. Section 514C.28, subsection 2, paragraph c, Code
182021, is amended to read as follows:
19c. “Autism spectrum disorders” means any of the pervasive
20developmental disorders including autistic disorder, Asperger’s
21disorder, and pervasive developmental disorders not otherwise
22specified. The commissioner, by rule, shall define “autism
23spectrum disorders” consistent with definitions provided in the
24most recent edition of the American psychiatric association’s
25diagnostic and statistical manual of mental disorders, as such
26definitions may be amended from time to time. The commissioner
27may adopt the definitions provided in such manual by reference,
28if authorized pursuant to section 17A.6C.
29 Sec. 31. Section 515.63, subsection 15, Code 2021, is
30amended to read as follows:
3115. All other information as required by the national
32association of insurance commissioners’ annual statement blank.
33The annual statement blank shall be prepared in accordance with
34instructions prescribed by the commissioner. All financial
35information reflected in the annual report shall be kept and
-13-1prepared in accordance with accounting practices and procedures
2prescribed by the commissioner. The commissioner may adopt
3by reference the annual statement handbook and the accounting
4practices and procedures manual of the national association of
5insurance commissioners, in accordance with section 17A.6C if
6applicable.
7 Sec. 32. Section 515E.3, subsection 1, Code 2021, is amended
8to read as follows:
91. To be organized as a risk retention group in this
10state, the group must be organized and licensed as a liability
11insurance company authorized by the insurance laws of this
12state. Except as provided elsewhere in this chapter, a risk
13retention group organized in this state must comply with
14all of the laws, rules, and requirements applicable to a
15liability insurer organized in this state. Additionally,
16a risk retention group organized in this state must comply
17with section 515E.4. These requirements do not exempt a risk
18retention group from a duty imposed by any other law or rule
19of the state. Before it may offer insurance in any state,
20a risk retention group shall also submit for approval to the
21commissioner of insurance of this state a plan of operation
22or a feasibility study, and revisions of the plan or study
23within ten days of any change. The name under which a risk
24retention group may be chartered and licensed shall be a brief
25description of its membership followed by the phrase “risk
26retention group” and, unless its membership consists solely of
27insurers, shall not include the terms “insurance”, “mutual”,
28“reciprocal”, or any similar term. A risk retention group
29chartered in this state shall file with the division and the
30national association of insurance commissioners an annual
31statement blank prepared in accordance with instructions
32prescribed by the commissioner. All financial information
33reflected in the annual statement shall be kept and prepared in
34accordance with accounting practices and procedures prescribed
35by the commissioner. The commissioner may adopt by reference
-14-1the annual statement handbook and the accounting practices and
2procedures manual of the national association of insurance
3commissioners, in accordance with section 17A.6C if applicable.
4 Sec. 33. Section 542.3, subsection 1, paragraph b, Code
52021, is amended to read as follows:
6b. The standards specified in this subsection are those
7standards adopted by the board, by rule, by reference, in
8accordance with section 17A.6C, to the standards developed for
9general application by the American institute of certified
10public accountants, the public company accounting oversight
11board, or other recognized national accountancy organization.
12DIVISION IV
13Effective date
14 Sec. 34. EFFECTIVE DATE. This Act, being deemed of
15immediate importance, takes effect upon enactment.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to the adoption by executive branch
20agencies of standards by reference to other publications.
21The bill prohibits an agency, on and after the effective date
22of the bill, from adopting, by rule, a standard by reference
23to another publication, or a new edition, amendment, or other
24update to such a standard previously adopted by reference,
25unless adoption of the specific standard, edition, amendment,
26or other update is explicitly authorized by a bill enacted by
27the general assembly.
28The bill defines “publication” to include a successor
29publication to a publication previously adopted by reference,
30but not a publication by the executive, legislative, or
31judicial branches, or any component thereof, or a federal
32publication.
33The bill does not apply to adoption of a standard by
34reference to another publication if such adoption is explicitly
35required by federal law.
-15- 1The bill shall not be construed to affect the validity of
2the adoption of a standard adopted by an agency prior to the
3effective date of the bill. The bill shall not be construed to
4authorize an agency to adopt, by means other than rulemaking, a
5standard by reference to another publication if such adoption
6is not otherwise authorized by state or federal law.
7The bill makes corresponding amendments to statutory
8language regarding adoption of standards by reference to
9various publications.
10The bill strikes language requiring the electrical examining
11board to adopt rules based on minimum standards set forth in
12the most current publication of the national electrical code
13issued and adopted by the national fire protection association
14and amendments to the code and instead provides that such rules
15shall be based on the 2020 publication of the code without
16amendments.
17The bill takes effect upon enactment.
-16-je/rn