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Amendments › HF 2574

Amendment H-8324 to HF 2574

Relating to boards, commissions, committees, councils, and other entities of state government, and including transition provisions

Adopted · April 16, 2024Strike everything: replaces the whole bill

Filed April 16, 2024 in the House by

Amends this HF 2574 to CONFORM to SF 2385

What it changes

  1. By striking everything after the enacting clause and inserting: “DIVISION I ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, AND COUNCILS Section
  2. NEW SECTION . 2.69 Definitions. As used in this subchapter, unless the context otherwise requires:
  3. “Board” means any board, commission, committee, council, panel, review team, or foundation of this state.
  4. “Committee” means the state government efficiency review committee established pursuant to this subchapter. Sec.
  5. NEW SECTION . 2.70 Committee —— duties.
  6. The committee shall carry out the functions provided in this subchapter.
  7. Administrative assistance shall be provided by the legislative services agency. Sec.
  8. NEW SECTION . 2.71 Board reviews.
  9. The committee shall review the usefulness, performance, and efficacy of each board as provided in subsection
  10. The committee shall hold hearings to receive the testimony of the public, the chief executive officer of the board, and any other person deemed necessary by the committee. After completing a review, the committee shall prepare and publish a report of its findings and recommendations as provided in section 2.72.
  11. The committee shall establish a schedule for the committee to review each board such that the committee reviews approximately one-fourth of all boards each calendar year. Each board shall be reviewed once between the calendar years 2025 and 2029, and once every four years thereafter. The committee may modify the schedule as necessary to facilitate the efficient administration of the committee.
  12. A board that is scheduled for review shall submit a report to the committee thirty days prior to the date that it is scheduled for review that includes all of the following information: a. The board’s primary purpose and its goals and objectives. b. The board’s past and anticipated workload, the number of staff required to complete that workload, and the board’s total number of staff. c. The board’s past and anticipated budgets and its sources of funding. d. The number of members that compose the governing board or other governing entity of the board and member compensation, if any. e. Any other information requested by the committee.
  13. A board subject to review shall bear the burden of demonstrating to the committee a public need for its continued existence. In determining whether a board has met that burden, the committee shall consider all of the following, as applicable: a. Whether continuation of the board is necessary to protect the health or safety of the public, and if so, the manner in which it is necessary and whether the board’s authority is narrowly tailored to protect against present, recognizable, and significant harms to the health or safety of the public. b. The extent to which the board’s jurisdiction and programs overlap or duplicate those of other boards, the extent to which the board coordinates with those other boards, and the extent to which the board’s programs could be consolidated with the programs of other state departments or boards. c. Whether the operation of the board has inhibited economic growth, reduced efficiency, or increased government costs. d. The cost-effectiveness of the board in terms of the number of employees, services rendered, and administrative costs incurred, both past and present. e. Whether the purpose for which the board was created has been fulfilled, has changed, or no longer exists. Sec.
  14. NEW SECTION . 2.72 Reports.
  15. After completing a review of a board pursuant to section 2.71, the committee shall prepare and submit a report of its findings and recommendations by December 21 of each year. A report may include findings and recommendations for more than one board. Copies of the report shall be made publicly available on the general assembly’s internet site.
  16. Recommendations of the committee shall indicate how or whether implementation of the recommendations would do each of the following: a. Improve efficiency in the management of state government. b. Provide for the least restrictive regulations by repealing current regulations and replacing them with less restrictive regulations. c. Improve the effectiveness of the services performed by the boards of the state. d. Avoid duplication of effort by state agencies or boards. e. Improve the organization and coordination of the state government. Sec.
  17. NEW SECTION . 2.73 State government efficiency review committee established.
  18. A state government efficiency review committee is established which shall meet as necessary to efficiently review all boards according to the schedule established by the committee pursuant to section 2.71.
  19. a. (1) The committee shall consist of two members of the senate appointed by the majority leader of the senate, one member of the senate appointed by the minority leader of the senate, two members of the house of representatives appointed by the speaker of the house of representatives, and one member of the house of representatives appointed by the minority leader of the house of representatives. (2) The following shall serve as ex officio, nonvoting members of the committee: (a) An employee of the office of the governor, appointed by the governor. (b) The director of the department of management or the director’s designee. (c) The director of the department of inspections, appeals, and licensing or the director’s designee. b. Members shall be appointed prior to January 31 of the first regular session of each general assembly and shall serve for terms ending upon the convening of the following general assembly or when their successors are appointed, whichever is later. A vacancy shall be filled in the same manner as the original appointment and shall be for the remainder of the unexpired term of the vacancy. c. The committee shall elect a chairperson and vice chairperson.
  20. The legislative members of the committee shall be reimbursed for actual and necessary expenses incurred in the performance of their duties and shall be paid a per diem as specified in section 2.10 for each day in which they engaged in the performance of their duties. However, per diem compensation and expenses shall not be paid to members of the general assembly when the general assembly is actually in session at the seat of government. Expenses and per diem shall be paid from moneys appropriated pursuant to section 2.12.
  21. Administrative assistance shall be provided by the legislative services agency. Sec.
  22. REPEAL. Sections 2.69 and 3.20, Code 2024, are repealed. Sec.
  23. CODE EDITOR DIRECTIVE —— TRANSFERS.
  24. The Code editor is directed to make the following transfers: a. Section 69.15 to section 2.74. b. Section 69.16 to section 2.75. c. Section 69.16A to section 2.76. d. Section 69.16B to section 2.77. e. Section 69.16C to section 2.78. f. Section 69.16D to section 2.79. g. Section 69.16E to section 2.80. h. Section 69.17 to section 2.81.
  25. The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section. DIVISION II PROFESSIONAL BOARDS Sec.
  26. Section 10A.503, subsection 1, Code 2024, is amended to read as follows:
  27. Each board under chapter 100C , 103 , 103A , 105 , or 147 that is under the administrative authority of the department shall receive administrative and clerical staff support from the department and may not employ its own support staff for administrative and clerical duties . The executive director of the board of nursing, board of medicine, dental board, and board of pharmacy shall be appointed pursuant to section 10A.504 . Sec.
  28. Section 10A.504, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The director shall appoint and supervise a full-time an executive director for each of the following boards: Sec.
  29. Section 103.4, Code 2024, is amended to read as follows: 103.4 Executive secretary —— staff and duties Support staff . The director shall appoint an executive secretary for the board and shall hire and provide staff to assist the board in administering this chapter . The executive secretary shall report to the director for purposes of routine board administrative functions, and shall report directly to the board for purposes of execution of board policy such as application of licensing criteria and processing of applications. Sec.
  30. Section 103.34, subsection 1, Code 2024, is amended to read as follows:
  31. Upon receipt of a notice of appeal filed pursuant to section 103.33 , the chairperson or executive secretary administrative staff of the board may designate a hearing officer from among the board members to hear the appeal or may set the matter for hearing before the full board at its next regular meeting. A majority of the board shall make the decision. Sec.
  32. Section 147.80, subsection 3, Code 2024, is amended by striking the subsection. Sec.
  33. Section 147.87, Code 2024, is amended to read as follows: 147.87 Enforcement.
  34. A board shall enforce the provisions of this chapter and the board’s enabling statute and for that purpose may request the department of inspections, appeals, and licensing to make necessary investigations. Every licensee and member of a board shall furnish the board or the department of inspections, appeals, and licensing such evidence as the member or licensee may have relative to any alleged violation which is being investigated.
  35. The department of inspections, appeals, and licensing may administratively close a complaint that does not allege a violation of this chapter, the board’s enabling statute, or a rule of the board. Sec.
  36. Section 147.88, Code 2024, is amended to read as follows: 147.88 Inspections and investigations. The department of inspections, appeals, and licensing may perform inspections and investigations as required by this subtitle , except inspections and investigations for the board of medicine, board of pharmacy, board of nursing, and the dental board . The department of inspections, appeals, and licensing shall employ personnel related to the inspection and investigative functions. Sec.
  37. Section 152.2, Code 2024, is amended to read as follows: 152.2 Executive director. The board shall retain a full-time An executive director , who shall be appointed pursuant to section 10A.504 . The executive director shall be a registered nurse. The governor, with the approval of the executive council pursuant to section 8A.413, subsection 3 , under the pay plan for exempt positions in the executive branch of government, shall set the salary of the executive director. Sec.
  38. Section 152E.2, Code 2024, is amended to read as follows: 152E.2 Compact administrator. The executive director of the board of nursing, as provided for in section 152.2 , director of the department of inspections, appeals, and licensing, or the director’s designee, shall serve as the compact administrator identified in article VII, paragraph “b” , of the nurse licensure compact contained in section 152E.1 and as the compact administrator identified in article VIII, paragraph “a” , of the advanced practice registered nurse compact contained in section 152E.3 . Sec.
  39. Section 153.36, subsection 1, Code 2024, is amended to read as follows:
  40. Sections 147.44 , 147.48 , 147.49 , 147.53 , and 147.55 , and sections 147.87 through 147.92 shall not apply to the practice of dentistry. Sec.
  41. Section 272C.6, subsection 1, Code 2024, is amended to read as follows:
  42. Disciplinary hearings held pursuant to this chapter shall be heard by the board sitting as the hearing panel, or by an administrative law judge, or by a panel of not less than three board members who are licensed in the profession, or by a panel of not less than three members appointed pursuant to subsection 2 . Notwithstanding chapters 17A and 21 a disciplinary hearing shall be open to the public at the discretion of the licensee. Sec.
  43. REPEAL. Sections 152.3 and 153.33B, Code 2024, are repealed. DIVISION III SALARIES —— CERTAIN BOARDS AND COUNCILS Sec.
  44. Section 217.2, subsection 1, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . d. The voting members of the council shall receive an annual salary of ten thousand dollars, which shall be paid from moneys appropriated to the department. Sec.
  45. Section 256.5, Code 2024, is amended to read as follows: 256.5 Compensation and expenses. The members of the state board shall receive an annual salary of ten thousand dollars and shall be reimbursed for actual and necessary expenses incurred while engaged in their official duties. Members of the state board may also be eligible to receive compensation as provided in section 7E.6 . All expense moneys paid to the members pursuant to this section shall be paid from funds moneys appropriated to the department. Sec.
  46. NEW SECTION . 262.3 Salary. The eight members of the state board of regents selected from the state at large shall receive an annual salary of ten thousand dollars, which shall be paid from moneys appropriated to the board. DIVISION IV LICENSURE STUDIES Sec.
  47. LICENSURE RENEWAL CYCLES STUDY. The department of inspections, appeals, and licensing shall review all current licensure renewal cycles for professional and occupational licenses issued by a department, board, commission, or other governmental entity. The department shall submit a report, including proposed recommendations for a uniform renewal cycle for all professional and occupational licenses, to the governor and the general assembly by September 30,
  48. Sec.
  49. LICENSURE FEE STUDY.
  50. The department of inspections, appeals, and licensing shall review fees imposed by a department, board, commission, or other governmental entity for the issuance or renewal of a professional or occupational license. The department shall evaluate the fees based on the licensure fees imposed in surrounding states and the operational costs of the licensing functions of the entity.
  51. The department shall submit a report, including proposed fees, to the governor and the general assembly by September 30,
  52. DIVISION V ADVISORY BODIES Sec.
  53. Section 7E.3, subsection 3, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
  54. Advisory bodies. In addition to any boards, commissions, committees, or councils specifically created by law, establish and utilize other ad hoc advisory committees as determined necessary by the head of the department or independent agency. The department or independent agency shall establish appointment provisions, membership terms, operating guidelines, and any other operational requirements for committees established pursuant to this subsection. Members of committees under this general authority shall serve without compensation but may be reimbursed for actual expenses. Sec.
  55. Section 15.105, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  56. The authority may establish and utilize such ad hoc advisory committees as determined necessary by the authority. The authority shall establish appointment provisions, membership terms, operating guidelines, and any other operational requirements for committees established pursuant to this subsection. Members of committees established pursuant to this subsection shall serve without compensation but may be reimbursed for actual expenses. Sec.
  57. NEW SECTION . 152.3A Advisory committees. The board may establish and utilize such ad hoc advisory committees as determined necessary by the board. The board shall establish appointment provisions, membership terms, operating guidelines, and any other operational requirements for committees established pursuant to this section. Members of committees established pursuant to this section shall serve without compensation but may be reimbursed for actual expenses. Sec.
  58. Section 153.33, subsection 1, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . f. To establish and utilize such ad hoc advisory committees as determined necessary by the board, including an advisory committee on the practice of dental hygiene. The board shall establish appointment provisions, membership terms, operating guidelines, and any other operational requirements for committees established pursuant to this paragraph. Members of committees established pursuant to this paragraph shall serve without compensation but may be reimbursed for actual expenses. Sec.
  59. Section 256.7, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  60. Establish and utilize such ad hoc advisory committees as determined necessary by the state board. The state board shall establish appointment provisions, membership terms, operating guidelines, and any other operational requirements for committees established pursuant to this subsection. Members of committees established pursuant to this subsection shall serve without compensation but may be reimbursed for actual expenses. Sec.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book