Bill Text: IA HF82 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act requiring state agency fees to be established by statute.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-01-23 - Introduced, referred to State Government. H.J. 106. [HF82 Detail]

Download: Iowa-2017-HF82-Introduced.html

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House File 82 - Introduced




                                 HOUSE FILE       
                                 BY  HIGHFILL

                                      A BILL FOR

  1 An Act requiring state agency fees to be established by
  2    statute.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1431YH (3) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  8E.401  Agency fees  == validity.
  1  2    Notwithstanding any provision of law to the contrary, an
  1  3 agency, as defined in section 17A.2, shall not be authorized to
  1  4 establish, impose, or collect a license fee, application fee,
  1  5 or any other fee unless the fee is established by statute or
  1  6 set by federal law.
  1  7    Sec. 2.  Section 17A.2, subsection 11, paragraph g, Code
  1  8 2017, is amended to read as follows:
  1  9    g.  A specification of the prices to be charged for goods or
  1 10 services sold by an agency as distinguished from a license fee,
  1 11 application fee, or other fees.
  1 12    Sec. 3.  Section 17A.2, subsection 11, Code 2017, is amended
  1 13 by adding the following new paragraph:
  1 14    NEW PARAGRAPH.  m.  A license fee, application fee, or any
  1 15 other fee.
  1 16    Sec. 4.  TRANSITION PROVISIONS.  Notwithstanding any
  1 17 provision of this Act to the contrary, a license fee,
  1 18 application fee, or any other fee established by rule by an
  1 19 agency, as defined in section 17A.2, as of July 1, 2017, shall
  1 20 remain valid and enforceable until July 1, 2018.
  1 21                           EXPLANATION
  1 22 The inclusion of this explanation does not constitute agreement with
  1 23 the explanation's substance by the members of the general assembly.
  1 24    This bill relates to the ability of a state agency to
  1 25 establish, impose, and collect fees.
  1 26    New Code section 8E.401 provides that an agency shall not
  1 27 be authorized to establish, impose, or collect a license fee,
  1 28 application fee, or any other fee unless the fee is established
  1 29 by statute or set by federal law.
  1 30    Code section 17A.2, is correspondingly amended to provide
  1 31 that the definition of rule for purposes of the administrative
  1 32 procedure Act does not include a license fee, application fee,
  1 33 or any other fee.
  1 34    The bill provides that any fee established by a state agency
  1 35 by rule as of July 1, 2017, shall remain valid and enforceable
  2  1 until July 1, 2018.
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