Read the full stored bill text
House
File
85
-
Introduced
HOUSE
FILE
85
BY
WILLS
A
BILL
FOR
An
Act
providing
for
a
regulatory
relief
program.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
15E.22
Regulatory
relief
office.
1
1.
The
authority
shall
establish
a
regulatory
relief
office
2
under
the
control
of
the
director
of
the
authority.
3
2.
The
regulatory
relief
office
shall
have
all
of
the
4
following
duties:
5
a.
Administer
the
regulatory
relief
program
as
described
in
6
section
15E.24.
7
b.
Act
as
a
liaison
between
private
businesses
and
8
applicable
state
agencies
to
identify
state
laws
or
regulations
9
that
could
potentially
be
waived
or
suspended
under
the
10
regulatory
relief
program.
11
3.
The
regulatory
relief
office
may
do
any
of
the
following:
12
a.
Review
state
laws
and
regulations
that
may
unnecessarily
13
inhibit
the
creation
and
success
of
new
companies
or
industries
14
and
provide
recommendations
to
the
governor
and
the
general
15
assembly
on
modifying
such
state
laws
and
regulations.
16
b.
Create
a
framework
for
analyzing
the
risk
level
to
17
the
health,
safety,
and
financial
well-being
of
consumers
18
related
to
permanently
removing
or
temporarily
waiving
laws
19
and
regulations
inhibiting
the
creation
or
success
of
new
and
20
existing
companies
or
industries.
21
c.
Propose
potential
reciprocity
agreements
between
states
22
that
use
or
are
proposing
to
use
similar
regulatory
relief
23
programs
as
described
in
this
subchapter.
24
4.
By
October
1
of
each
year,
the
regulatory
relief
office
25
shall
issue
a
written
annual
report
on
the
activities
of
the
26
office,
which
report
must
include
all
of
the
following:
27
a.
Information
regarding
each
participant
in
the
regulatory
28
relief
program,
including
which
industries
each
participant
29
represents
and
the
anticipated
or
actual
cost
savings
that
each
30
participant
experienced.
31
b.
Recommendations
regarding
any
laws
or
regulations
that
32
should
be
permanently
modified.
33
c.
Information
regarding
outcomes
for
consumers.
34
d.
Recommendations
for
changes
to
the
regulatory
relief
35
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program
or
other
duties
of
the
regulatory
relief
office.
1
5.
The
authority
shall
adopt
rules
pursuant
to
chapter
2
17A
as
necessary
for
purposes
of
establishing
the
office
and
3
implementing
the
requirements
of
the
regulatory
relief
program.
4
Sec.
2.
NEW
SECTION
.
15E.23
Regulatory
relief
advisory
5
committee.
6
1.
The
authority
shall
establish
a
regulatory
relief
7
advisory
committee
consisting
of
thirteen
members,
including
8
nine
voting
members
and
four
ex
officio
nonvoting
members.
The
9
advisory
committee
shall
be
composed
of
all
of
the
following:
10
a.
Nine
voting
members,
appointed
by
the
director
of
the
11
authority,
as
follows:
12
(1)
Six
members
who
represent
business
interests.
13
(2)
Three
members
who
represent
state
agencies
that
14
regulate
businesses.
15
b.
The
nonvoting
members
of
the
committee
shall
be
two
state
16
representatives,
one
appointed
by
the
speaker
of
the
house
of
17
representatives
and
one
by
the
minority
leader
of
the
house
of
18
representatives,
and
two
state
senators,
one
appointed
by
the
19
majority
leader
of
the
senate
and
one
by
the
minority
leader
20
of
the
senate.
21
2.
The
director
of
the
authority
shall,
on
an
annual
basis,
22
designate
the
chairperson
of
the
advisory
committee.
Members
23
of
the
advisory
committee
appointed
by
the
director
shall
serve
24
four-year
staggered
terms
as
determined
by
the
director.
25
3.
A
majority
of
the
voting
members
of
the
advisory
26
committee
constitutes
a
quorum
for
the
purpose
of
conducting
27
advisory
committee
business,
and
the
action
of
the
majority
of
28
a
quorum
constitutes
the
action
of
the
advisory
committee.
29
4.
The
advisory
committee
shall
advise
and
make
30
recommendations
to
the
regulatory
relief
office
concerning
the
31
regulatory
relief
program
as
described
in
section
15E.24.
32
Sec.
3.
NEW
SECTION
.
15E.24
Regulatory
relief
program.
33
1.
The
regulatory
review
office
shall
establish
a
34
regulatory
relief
program.
The
purpose
of
the
regulatory
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relief
program
is
to
enable
a
business
to
obtain
legal
1
protections
and
limited
access
to
the
market
in
this
state
to
2
demonstrate
an
innovative
offering
without
obtaining
a
license
3
or
other
authorization
that
might
otherwise
be
required.
4
2.
a.
The
regulatory
review
office
shall
establish
a
5
process
for
purposes
of
receiving
applications
from
businesses
6
to
participate
in
the
regulatory
relief
program.
7
b.
The
application
must
include
a
description
of
the
8
innovative
offering
to
be
demonstrated
by
the
participant,
to
9
include
all
of
the
following
information:
10
(1)
Statements
from
the
applicant
on
how
the
offering
is
11
subject
to
licensing,
legal
prohibition,
or
other
authorization
12
requirements.
13
(2)
Identification
of
each
law
or
regulation
that
the
14
applicant
seeks
to
have
waived
or
suspended
while
participating
15
in
the
regulatory
relief
program.
16
(3)
How
the
innovative
offering
would
benefit
consumers.
17
(4)
What
risks
might
exist
for
consumers
who
use
or
purchase
18
the
offering.
19
(5)
How
participating
in
the
regulatory
relief
program
20
would
enable
a
successful
demonstration
of
the
offering.
21
(6)
A
description
of
the
proposed
demonstration
plan
for
the
22
offering,
including
estimated
time
periods
for
beginning
and
23
ending
the
demonstration.
24
(7)
How
the
applicant
will
end
the
demonstration
and
protect
25
consumers
if
the
demonstration
fails.
26
(8)
A
list
of
each
state
agency,
if
any,
that
the
applicant
27
knows
regulates
the
applicant’s
business
relative
to
the
28
offering.
29
(9)
Disclosure
of
criminal
convictions
of
the
applicant
30
or
any
person
who
seeks
to
participate
with
the
applicant
in
31
demonstrating
an
offering.
32
(10)
Such
other
information
as
the
regulatory
review
office
33
requires.
34
3.
Upon
receipt
of
an
application
to
participate
in
the
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regulatory
relief
program,
the
regulatory
relief
office
shall
1
acknowledge
receipt
of
the
application,
forward
information
2
in
the
application
to
affected
state
agencies
for
review,
and
3
notify
the
applicant
which
state
agencies
will
review
the
4
application.
5
4.
Each
state
agency
in
receipt
of
an
application
to
6
participate
in
the
regulatory
relief
program
shall,
in
a
timely
7
fashion,
submit
a
written
report
to
the
regulatory
relief
8
office
which
includes
a
recommendation
to
the
regulatory
9
relief
office
that
the
applicant
either
be
admitted
or
denied
10
participation
in
the
program.
The
written
report
must
include
11
reasons
for
the
determination
by
the
state
agency.
12
a.
A
state
agency
shall
recommend
that
the
applicant
be
13
admitted
into
the
regulatory
relief
program
if
the
agency
14
determines
that
the
consumer’s
or
public’s
health,
safety,
or
15
financial
well-being
can
be
protected
through
less-restrictive
16
means
than
the
existing
relevant
laws
or
regulations.
The
17
written
report
must
provide
a
recommendation
of
how
that
can
18
be
achieved.
19
b.
A
state
agency
shall
recommend
that
the
applicant
be
20
denied
participation
in
the
regulatory
relief
program
if
the
21
state
agency
determines
that
a
temporary
waiver
or
suspension
22
of
the
relevant
laws
or
regulations
would
potentially
23
significantly
harm
the
health,
safety,
or
financial
well-being
24
of
consumers
or
the
public
and
the
harm
is
likely
to
occur
25
or
would
create
unreasonable
expenses
for
taxpayers
in
the
26
state.
A
state
agency
may
also
recommend
that
the
applicant
be
27
denied
participation
in
the
regulatory
relief
program
if
the
28
state
agency
determines,
in
the
state
agency’s
sole
discretion,
29
that
the
applicant’s
innovative
offering
fails
to
comply
30
with
standards
or
specifications
required
by
federal
law
or
31
regulation
or
previously
approved
for
use
by
a
federal
agency.
32
The
written
report
must
include
reasons
for
the
determination
33
by
the
state
agency
that
the
applicant
be
denied
participation
34
in
the
program.
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c.
If
a
state
agency
recommends
that
an
applicant
be
1
denied
participation
in
the
regulatory
relief
program,
the
2
regulatory
relief
office
shall
deny
the
application
and
notify
3
the
applicant.
4
5.
a.
Upon
receipt
of
written
reports
by
applicable
state
5
agencies
that
do
not
recommend
denial
of
the
application,
6
the
regulatory
review
office
shall
review
the
application
to
7
determine
whether
to
accept
the
applicant
into
the
regulatory
8
review
program.
The
regulatory
review
office
shall
provide
9
the
application
and
written
reports
to
the
regulatory
relief
10
advisory
committee
which
shall
review
the
application
and
11
written
reports
and
submit
a
recommendation
to
the
office
12
regarding
the
application.
The
regulatory
relief
office
may
13
also
seek
information
from
affected
state
agencies
in
making
a
14
decision
on
whether
to
accept
the
applicant
into
the
program.
15
The
consultation
with
each
applicable
state
agency
may
include
16
seeking
information
about
whether
the
applicable
state
agency
17
has
previously
issued
a
license
or
other
authorization
to
18
the
applicant
and
whether
the
applicable
state
agency
has
19
previously
investigated,
sanctioned,
or
pursued
legal
action
20
against
the
applicant.
21
b.
In
reviewing
an
application
under
this
section,
the
22
regulatory
relief
office
shall
consider
all
of
the
following:
23
(1)
Whether
a
competitor
of
the
applicant
is
or
has
been
a
24
participant
in
the
regulatory
relief
program
and,
if
so,
weigh
25
that
as
a
factor
in
favor
of
allowing
the
applicant
to
also
26
become
a
participant
in
the
regulatory
relief
program.
27
(2)
Whether
the
applicant’s
plan
will
adequately
protect
28
consumers
from
potential
harm
identified
by
an
applicable
29
agency
in
the
applicable
agency’s
written
report.
30
(3)
Whether
the
risk
of
harm
to
consumers
is
outweighed
31
by
the
potential
benefits
to
consumers
from
the
applicant’s
32
participation
in
the
regulatory
relief
program.
33
(4)
Whether
certain
state
laws
or
regulations
that
regulate
34
an
offering
should
not
be
waived
or
suspended
even
if
the
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applicant
is
approved
as
a
participant
in
the
regulatory
1
relief
program,
including
applicable
antifraud
or
disclosure
2
provisions.
3
6.
Following
review
of
the
application,
the
regulatory
4
relief
office
shall
notify
the
applicant,
in
writing,
whether
5
the
regulatory
relief
office
approves
or
denies
the
application
6
for
participation
in
the
regulatory
relief
program.
If
7
the
regulatory
relief
office
director
denies
an
application
8
submitted
under
this
section,
the
regulatory
relief
office
9
shall
provide
to
the
applicant
a
written
description
of
the
10
reasons
for
not
allowing
the
applicant
to
be
a
participant
in
11
the
program.
12
7.
If
the
regulatory
relief
office
approves
the
13
application,
the
regulatory
relief
office
shall
enter
into
a
14
written
agreement
with
the
applicant
describing
the
specific
15
laws
and
regulations
that
are
waived
or
suspended
as
part
of
16
participation
in
the
regulatory
relief
program.
However,
17
the
regulatory
relief
office
shall
not
enter
into
a
written
18
agreement
with
an
applicant
that
waives
or
suspends
a
tax,
fee,
19
or
charge
that
is
administered
by
the
department
of
revenue.
20
The
written
agreement
shall
also
not
waive
or
suspend
any
law
21
or
regulation
if
waiving
or
suspending
the
law
or
regulation
22
would
prevent
a
consumer
from
seeking
restitution
in
the
event
23
that
the
consumer
is
harmed.
When
an
applicant
is
approved
for
24
participation
in
the
program,
the
regulatory
relief
office
may
25
provide
notice
of
the
approval
to
the
public.
26
8.
a.
If
the
regulatory
relief
office
approves
an
27
application
and
enters
into
a
written
agreement
with
the
28
applicant,
the
applicant
shall
be
allowed
to
participate
in
29
the
regulatory
relief
program.
A
participant
in
the
program
30
has
twelve
months
after
the
day
on
which
the
application
31
was
approved
to
demonstrate
the
offering
described
in
the
32
participant’s
application.
33
b.
A
participant
in
the
regulatory
relief
program
is
deemed
34
to
possess
an
appropriate
license
or
other
authorization
under
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the
laws
of
the
state
for
the
purposes
of
any
provision
of
1
federal
law
requiring
licensure
or
other
authorization
by
the
2
state.
3
c.
During
the
demonstration
period,
a
participant
in
the
4
regulatory
relief
program
is
not
subject
to
the
enforcement
of
5
state
laws
or
regulations
identified
in
the
written
agreement
6
between
the
regulatory
relief
office
and
the
participant
in
the
7
program.
However,
a
participant
in
the
program
does
not
have
8
immunity
related
to
any
criminal
offense
committed
during
the
9
participant’s
participation
in
the
regulatory
relief
program.
10
d.
During
the
demonstration
period,
a
participant
in
the
11
regulatory
relief
program
shall
provide
notice
to
consumers
12
regarding
the
participant’s
participation
in
the
program
in
a
13
manner
as
prescribed
by
the
regulatory
relief
office.
14
e.
During
the
demonstration
period,
a
participant
in
the
15
regulatory
relief
program
shall
retain
records,
documents,
and
16
data
produced
in
the
ordinary
course
of
business
regarding
17
an
offering
demonstrated
in
the
program.
The
regulatory
18
relief
office
may
request
records,
documents,
and
data
from
a
19
participant
and,
upon
the
regulatory
relief
office’s
request,
20
the
participant
shall
make
such
records,
documents,
and
data
21
available
for
inspection
by
the
regulatory
relief
office.
22
f.
A
participant
in
the
regulatory
relief
program
shall
be
23
required
to
submit
quarterly
reports
and
a
final
report
at
the
24
conclusion
of
the
demonstration
period
to
the
regulatory
relief
25
office
containing
such
information
as
the
office
may
require
26
regarding
the
participant’s
participation
in
the
program.
The
27
participant
shall
also
notify
the
regulatory
relief
office
28
and
each
applicable
state
agency
of
any
incidents
that
result
29
in
harm
to
the
health,
safety,
or
financial
well-being
of
a
30
consumer
during
the
demonstration
period.
31
g.
If
a
participant
in
the
regulatory
relief
program
ceases
32
to
provide
an
offering
before
the
end
of
the
demonstration
33
period,
the
participant
shall
notify
the
regulatory
relief
34
office
and
shall
no
longer
be
granted
the
authority
provided
in
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the
written
agreement.
1
h.
By
written
notice,
the
regulatory
relief
office
may
end
2
a
participant’s
participation
in
the
regulatory
relief
program
3
at
any
time
and
for
any
reason,
including
if
the
regulatory
4
relief
office
determines
that
a
participant
in
the
program
is
5
not
operating
in
good
faith
to
bring
an
innovative
offering
to
6
market.
7
9.
At
least
thirty
days
before
the
end
of
the
twelve-month
8
demonstration
period,
a
participant
shall
notify
the
regulatory
9
relief
office
that
the
participant
will
exit
the
regulatory
10
relief
program
and
discontinue
the
participant’s
demonstration
11
on
the
day
the
twelve-month
demonstration
period
ends
or
shall
12
seek
an
extension
from
the
regulatory
relief
office
to
continue
13
participation
in
the
program.
If
the
participant
seeks
an
14
extension,
the
regulatory
relief
office
shall
grant
or
deny
15
a
request
for
an
extension
by
the
end
of
the
demonstration
16
period.
The
regulatory
relief
office
may
grant
an
extension
in
17
accordance
with
this
section
for
not
more
than
twelve
months
18
after
the
end
of
the
initial
demonstration
period.
19
10.
The
regulatory
relief
office
and
employees
of
the
20
regulatory
relief
office
are
not
liable
for
any
business
losses
21
or
the
recouping
of
application
expenses
or
other
expenses
22
related
to
the
regulatory
relief
program,
including
for
denying
23
an
applicant’s
application
to
participate
in
the
program
for
24
any
reason
or
ending
a
participant’s
participation
in
the
25
regulatory
relief
program
at
any
time
and
for
any
reason.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
establishes
a
regulatory
relief
program,
30
administered
by
a
regulatory
relief
office
which
is
created
by
31
the
bill.
32
New
Code
section
15E.22
requires
the
economic
development
33
authority
(IEDA)
to
establish
a
regulatory
relief
office
under
34
the
control
of
the
director
of
IEDA.
The
bill
establishes
the
35
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duties
of
the
office
to
include
administering
the
regulatory
1
relief
program
created
by
the
bill.
The
office
is
also
2
required
to
issue
an
annual
written
report
concerning
the
3
activities
of
the
office.
The
bill
requires
IEDA
to
adopt
4
rules
for
purposes
of
the
office
and
the
regulatory
relief
5
program.
6
New
Code
section
15E.23
establishes
a
13-member
regulatory
7
relief
advisory
committee.
The
committee
shall
consist
of
nine
8
voting
members,
appointed
by
the
director
of
IEDA,
which
shall
9
include
six
members
representing
business
interests
and
three
10
members
representing
state
agencies
that
regulate
businesses,
11
and
four
nonvoting
legislative
members.
The
bill
provides
12
that
the
director
of
IEDA
designate
the
chair
of
the
advisory
13
committee.
The
advisory
committee
is
responsible
for
advising
14
and
making
recommendations
to
the
regulatory
relief
office
15
regarding
the
regulatory
relief
program.
16
New
Code
section
15E.24
establishes
the
regulatory
relief
17
program.
The
bill
provides
that
the
purpose
of
the
program
is
18
to
enable
businesses
to
obtain
legal
protections
and
limited
19
access
to
the
market
in
this
state
to
demonstrate
an
innovative
20
offering
without
obtaining
a
license
or
other
authorization
21
that
might
otherwise
be
required.
The
bill
establishes
the
22
process
by
which
a
business
may
apply
to
participate
in
the
23
program.
The
bill
describes
the
information
required
to
be
24
included
in
an
application
to
the
regulatory
relief
office
for
25
participation
in
the
program.
Applications
for
participation
26
in
the
program
shall
be
forwarded
by
the
regulatory
relief
27
office
to
affected
state
agencies
who
will
issue
a
written
28
report
recommending
acceptance
or
rejection
of
the
application.
29
A
state
agency
rejection
of
an
application
will
result
in
30
denial
of
the
application.
If
no
state
agency
recommends
31
rejection,
the
regulatory
relief
office
shall
forward
the
32
application
and
the
written
reports
to
the
regulatory
relief
33
advisory
committee
who
shall
review
the
information
and
34
submit
a
recommendation
to
the
office.
The
regulatory
review
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office
shall
either
accept
or
deny
the
application
and
shall
1
notify
the
applicant
of
the
decision.
If
the
application
is
2
accepted,
the
regulatory
relief
agency
shall
enter
into
a
3
written
agreement
with
the
applicant
describing
the
specific
4
laws
and
regulations
that
are
waived
or
suspended
as
part
of
5
the
program.
Participation
in
the
program
shall
be
for
a
6
demonstration
period
of
12
months.
The
bill
specifies
various
7
reporting
and
disclosure
requirements
for
a
participant
in
the
8
program.
The
bill
allows
the
regulatory
relief
office
to
end
a
9
participant’s
participation
in
the
program
at
any
time.
The
10
bill
also
permits
a
participant
in
the
program
to
request
an
11
extension
of
the
program
for
not
more
than
12
months
after
the
12
end
of
the
initial
demonstration
period.
Finally,
the
bill
13
provides
that
the
regulatory
relief
office
and
employees
of
the
14
regulatory
relief
office
are
not
liable
for
any
business
losses
15
or
the
recouping
of
application
expenses
or
other
expenses
16
related
to
the
regulatory
relief
program.
17
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