Bill Text: IA HF2157 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to state agency decision making. (See Cmte. Bill HF 2385)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-12 - Withdrawn. H.J. 487. [HF2157 Detail]
Download: Iowa-2013-HF2157-Introduced.html
House
File
2157
-
Introduced
HOUSE
FILE
2157
BY
PETTENGILL
and
R.
OLSON
A
BILL
FOR
An
Act
relating
to
state
agency
decision
making.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
9A.105,
subsection
1,
paragraph
h,
Code
1
2014,
is
amended
to
read
as
follows:
2
h.
Whether
the
applicant
or
any
person
named
pursuant
to
3
paragraph
“g”
has
been
convicted
of
a
crime
felony
that,
if
4
committed
in
this
state,
would
be
a
crime
involving
moral
5
turpitude
or
which
is
a
felony
,
and
identify
the
crime
felony
.
6
Sec.
2.
Section
9A.106,
subsection
2,
paragraph
a,
Code
7
2014,
is
amended
to
read
as
follows:
8
a.
Been
convicted
of
a
crime
felony
that,
if
committed
in
9
this
state,
would
be
a
crime
involving
moral
turpitude
or
a
10
felony
.
11
Sec.
3.
Section
17A.3,
subsection
1,
paragraph
a,
Code
2014,
12
is
amended
to
read
as
follows:
13
a.
(1)
Adopt
as
a
rule
a
description
of
the
organization
of
14
the
agency
which
states
the
general
course
and
method
of
its
15
operations,
the
administrative
subdivisions
of
the
agency
and
16
the
programs
implemented
by
each
of
them,
a
statement
of
the
17
mission
of
the
agency,
and
the
methods
by
which
and
location
18
where
the
public
may
obtain
information
or
make
submissions
or
19
requests.
20
(2)
Each
board,
commission,
or
other
multimember
agency
21
shall
follow
Robert’s
rules
of
order
in
governing
the
conduct
22
of
agency
meetings
unless
it
is
inconsistent
with
Iowa
law.
23
Sec.
4.
Section
17A.4,
subsection
1,
paragraph
b,
Code
2014,
24
is
amended
to
read
as
follows:
25
b.
(1)
Afford
all
interested
persons
not
less
than
twenty
26
days
to
submit
data,
views,
or
arguments
in
writing
,
including
27
in
an
electronic
format
.
If
timely
requested
in
writing
by
28
twenty-five
interested
persons,
by
a
governmental
subdivision,
29
by
the
administrative
rules
review
committee,
by
an
agency,
or
30
by
an
association
having
not
less
than
twenty-five
members,
the
31
agency
must
give
interested
persons
an
opportunity
to
make
oral
32
presentation.
33
(2)
The
agency
shall
provide
an
opportunity
to
make
these
34
oral
presentations
using
the
Iowa
communications
network
35
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or
other
electronic
means
if
a
request
is
received
from
1
twenty-five
interested
persons
residing
in
the
same
city
or
2
county.
3
(3)
The
opportunity
for
oral
presentation
must
be
held
4
at
least
twenty
days
after
publication
of
the
notice
of
its
5
time
and
place
in
the
Iowa
administrative
bulletin.
The
6
agency
shall
consider
fully
all
written
and
oral
submissions
7
respecting
the
proposed
rule.
Within
one
hundred
eighty
8
days
following
either
the
notice
published
according
to
the
9
provisions
of
paragraph
“a”
or
within
one
hundred
eighty
10
days
after
the
last
date
of
the
oral
presentations
on
the
11
proposed
rule,
whichever
is
later,
the
agency
shall
adopt
a
12
rule
pursuant
to
the
rulemaking
proceeding
or
shall
terminate
13
the
proceeding
by
publishing
notice
of
termination
in
the
Iowa
14
administrative
bulletin.
15
Sec.
5.
Section
17A.4,
subsection
2,
Code
2014,
is
amended
16
to
read
as
follows:
17
2.
An
agency
shall
include
in
a
preamble
to
each
rule
it
18
adopts
a
specific
reference
to
the
Code
section
or
sections
19
being
implemented
and
a
brief
explanation
of
the
principal
20
reasons
for
its
action
and,
if
applicable,
a
brief
explanation
21
of
the
principal
reasons
for
its
failure
to
provide
in
that
22
rule
for
the
waiver
of
the
rule
in
specified
situations
23
if
no
such
waiver
provision
is
included
in
the
rule.
This
24
explanatory
requirement
does
not
apply
when
the
agency
adopts
a
25
rule
that
only
defines
the
meaning
of
a
provision
of
law
if
the
26
agency
does
not
possess
delegated
authority
to
bind
the
courts
27
to
any
extent
with
its
definition.
In
addition,
if
requested
28
to
do
so
by
an
interested
person,
either
prior
to
adoption
29
or
within
thirty
days
thereafter,
the
agency
shall
issue
a
30
concise
statement
of
the
principal
reasons
for
and
against
the
31
rule
adopted,
incorporating
therein
the
reasons
for
overruling
32
considerations
urged
against
the
rule.
This
concise
statement
33
shall
be
issued
either
at
the
time
of
the
adoption
of
the
34
rule
or
within
thirty-five
days
after
the
agency
receives
the
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request.
1
Sec.
6.
NEW
SECTION
.
17A.24
Rule
implementation
of
federal
2
statute,
regulation,
or
policy.
3
1.
Except
as
otherwise
explicitly
authorized
by
state
law,
4
an
agency
charged
with
the
implementation
of
a
federal
statute,
5
regulation,
or
policy
shall
not
implement
the
federal
statute,
6
regulation,
or
policy
in
a
manner
that
exceeds
the
specific
7
requirements
of
the
federal
statute,
regulation,
or
policy.
8
2.
Any
portion
of
an
agency
rule
or
policy
that
implements
9
a
federal
statute,
regulation,
or
policy
and
that
exceeds
the
10
specific
requirements
of
the
federal
statute,
regulation,
or
11
policy
is
automatically
superceded
by
the
specific
requirements
12
of
that
federal
statute,
regulation,
or
policy.
13
Sec.
7.
Section
80A.4,
subsection
1,
paragraph
g,
Code
2014,
14
is
amended
to
read
as
follows:
15
g.
Has
not
been
convicted
of
a
crime
described
in
section
16
708.3
,
708.4
,
708.5
,
708.6
,
708.8
,
or
708.9
felony
.
17
Sec.
8.
Section
99G.24,
subsection
7,
paragraph
a,
Code
18
2014,
is
amended
to
read
as
follows:
19
a.
Has
been
convicted
of
a
criminal
offense
public
offense
20
related
to
the
security
or
integrity
of
the
lottery
in
this
or
21
any
other
jurisdiction.
22
Sec.
9.
Section
135C.33,
subsection
1,
paragraph
a,
Code
23
2014,
is
amended
to
read
as
follows:
24
a.
For
the
purposes
of
this
section
,
the
term
“crime”
does
25
not
include
offenses
under
chapter
321
classified
as
a
simple
26
misdemeanor
or
equivalent
simple
misdemeanor
offenses
from
27
another
jurisdiction
means
an
aggravated
misdemeanor
or
felony
.
28
Sec.
10.
Section
147.55,
subsection
5,
Code
2014,
is
amended
29
to
read
as
follows:
30
5.
Conviction
of
a
crime
an
aggravated
misdemeanor
or
felony
31
related
to
the
profession
or
occupation
of
the
licensee
or
the
32
conviction
of
any
crime
an
aggravated
misdemeanor
or
felony
33
that
would
directly
affect
the
licensee’s
ability
to
practice
34
within
a
profession.
A
copy
of
the
record
of
conviction
or
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plea
of
guilty
shall
be
conclusive
evidence
of
the
conviction
.
1
Sec.
11.
Section
148.6,
subsection
2,
paragraph
b,
Code
2
2014,
is
amended
to
read
as
follows:
3
b.
Being
convicted
of
a
felony
in
the
courts
of
this
state
4
or
another
state,
territory,
or
country.
Conviction
as
used
in
5
this
paragraph
shall
include
a
conviction
of
an
offense
which
6
if
committed
in
this
state
would
be
deemed
a
felony
without
7
regard
to
its
designation
elsewhere
,
or
a
criminal
proceeding
8
in
which
a
finding
or
verdict
of
guilt
is
made
or
returned,
but
9
the
adjudication
of
guilt
is
either
withheld
or
not
entered
.
10
A
certified
copy
of
the
final
order
or
judgment
of
conviction
11
or
plea
of
guilty
in
this
state
or
in
another
state
shall
be
12
conclusive
evidence
of
the
conviction
.
13
Sec.
12.
Section
153.34,
subsection
9,
Code
2014,
is
amended
14
to
read
as
follows:
15
9.
For
the
conviction
of
a
felony
in
the
courts
of
this
16
state
or
another
state,
territory,
or
country.
Conviction
as
17
used
in
this
subsection
includes
a
conviction
of
an
offense
18
which
if
committed
in
this
state
would
be
a
felony
without
19
regard
to
its
designation
elsewhere
,
and
includes
a
finding
or
20
verdict
of
guilt
made
or
returned
in
a
criminal
proceeding
even
21
if
the
adjudication
of
guilt
is
withheld
or
not
entered
.
A
22
certified
copy
of
the
final
order
or
judgment
of
conviction
or
23
plea
of
guilty
in
this
state
or
in
another
state
constitutes
24
conclusive
evidence
of
the
conviction.
25
Sec.
13.
Section
156.9,
subsection
2,
paragraph
e,
Code
26
2014,
is
amended
to
read
as
follows:
27
e.
Conviction
of
any
crime
an
aggravated
misdemeanor
28
or
felony
related
to
the
practice
of
mortuary
science
or
29
implicating
the
licensee’s
competence
to
safely
perform
30
mortuary
science
services,
including
but
not
limited
to
a
31
crime
an
aggravated
misdemeanor
or
felony
involving
moral
32
character,
dishonesty,
fraud,
theft,
embezzlement,
extortion,
33
or
controlled
substances,
in
a
court
of
competent
jurisdiction
34
in
this
state,
or
in
another
state,
territory,
or
district
of
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the
United
States,
or
in
a
foreign
jurisdiction.
For
purposes
1
of
this
paragraph,
“conviction”
includes
a
guilty
plea,
deferred
2
judgment,
or
other
finding
of
guilt.
A
certified
copy
of
the
3
judgment
is
prima
facie
conclusive
evidence
of
the
conviction.
4
Sec.
14.
Section
169.13,
subsection
1,
paragraph
b,
Code
5
2014,
is
amended
to
read
as
follows:
6
b.
Being
convicted
of
a
felony
in
the
courts
of
this
state
7
or
another
state,
territory,
or
country.
Conviction
as
used
8
in
this
paragraph
includes
a
conviction
of
an
offense
which
9
if
committed
in
this
state
would
be
deemed
a
felony
without
10
regard
to
its
designation
elsewhere
,
or
a
criminal
proceeding
11
in
which
a
finding
or
verdict
of
guilt
is
made
or
returned,
but
12
the
adjudication
or
guilt
is
either
withheld
or
not
entered
.
A
13
certified
copy
of
the
final
order
or
judgment
of
conviction
or
14
plea
of
guilty
in
this
state
or
in
another
state
is
conclusive
15
evidence
of
the
conviction
.
16
Sec.
15.
Section
272C.1,
subsection
6,
Code
2014,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
ag.
The
state
racing
and
gaming
commission
19
created
in
section
99D.5.
20
Sec.
16.
Section
272C.3,
Code
2014,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
5.
Notwithstanding
any
other
provision
23
of
law
to
the
contrary,
a
licensing
board
shall
not
treat
a
24
deferred
judgment
or
a
final
order
resulting
in
a
deferred
25
judgment,
as
deferred
judgment
is
defined
in
section
907.1,
26
as
a
conviction
in
determining
whether
there
are
grounds
for
27
licensee
discipline
or
license
denial,
unless
the
deferred
28
judgment
is
withdrawn
and
judgment
is
entered
as
provided
in
29
section
907.3,
subsection
1.
30
Sec.
17.
Section
523A.503,
subsection
1,
paragraph
f,
Code
31
2014,
is
amended
to
read
as
follows:
32
f.
Conviction
of
a
criminal
offense
an
aggravated
33
misdemeanor
or
felony
involving
dishonesty
or
a
false
statement
34
including
but
not
limited
to
fraud,
theft,
misappropriation
of
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funds,
falsification
of
documents,
deceptive
acts
or
practices,
1
or
other
related
offenses.
2
Sec.
18.
Section
543B.15,
subsection
3,
paragraph
c,
Code
3
2014,
is
amended
by
striking
the
paragraph.
4
Sec.
19.
Section
543B.29,
subsection
1,
paragraph
f,
5
unnumbered
paragraph
1,
Code
2014,
is
amended
to
read
as
6
follows:
7
Conviction
of
an
offense
included
in
section
543B.15,
8
subsection
3
.
For
purposes
of
this
section
,
“conviction”
means
9
a
conviction
for
an
indictable
offense
and
includes
the
court’s
10
acceptance
of
a
guilty
plea,
a
deferred
judgment
from
the
time
11
of
entry
of
the
deferred
judgment
until
the
time
the
defendant
12
is
discharged
by
the
court
without
entry
of
judgment,
or
other
13
finding
of
guilt
by
a
court
of
competent
jurisdiction.
A
copy
14
of
the
record
of
conviction,
guilty
plea,
deferred
judgment,
or
15
other
finding
of
guilt
is
conclusive
evidence.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
the
rulemaking
process
and
more
20
generally
to
agency
decision
making.
As
it
relates
to
the
21
rulemaking
process,
the
bill
requires
that
the
preamble
22
to
proposed
rulemaking
specifically
cite
the
statute
being
23
implemented,
and
that
agencies
accept
written
material
in
an
24
electronic
format,
and
allow
persons
to
make
oral
presentations
25
on
rules
through
the
Iowa
communications
network
or
other
26
electronic
means.
27
The
bill
provides
that
an
agency
shall
not
implement
a
28
federal
statute,
regulation,
or
policy
in
a
manner
that
exceeds
29
the
specific
requirements
of
the
federal
statute,
regulation,
30
or
policy,
unless
explicitly
authorized
by
state
law.
31
As
it
relates
to
agency
decision
making
generally,
the
bill
32
requires
that
boards
and
commissions
operate
under
Robert’s
33
rules
of
order.
34
The
bill
also
relates
to
agency
action
concerning
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professional
or
occupational
licensing.
The
bill
restricts
the
1
ability
of
a
licensing
board
to
consider
a
deferred
judgment
2
when
deciding
whether
to
suspend
or
revoke
a
license
or
impose
3
some
other
licensee
discipline.
The
bill
also
generally
limits
4
offenses
which
may
be
so
considered
to
aggravated
misdemeanors
5
and
felonies.
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