Bill Text: IA HSB81 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act concerning the rulemaking process for executive branch agencies and related matters and including effective date provisions.(See HF 688.)
Spectrum: Committee Bill
Status: (Introduced) 2023-04-03 - Committee report approving bill, renumbered as HF 688. [HSB81 Detail]
Download: Iowa-2023-HSB81-Introduced.html
House
Study
Bill
81
-
Introduced
HOUSE
FILE
_____
BY
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE
A
BILL
FOR
An
Act
concerning
the
rulemaking
process
for
executive
branch
1
agencies
and
related
matters
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1421YR
(6)
90
je/rn
H.F.
_____
Section
1.
Section
2B.13,
subsection
2,
paragraphs
b,
d,
and
1
f,
Code
2023,
are
amended
to
read
as
follows:
2
b.
Correct
references
to
rules
or
Code
sections
,
or
3
chapters
or
subunits
of
rules
or
Code
sections,
which
are
cited
4
erroneously
or
have
been
repealed,
amended,
or
renumbered.
5
d.
Transfer,
divide,
or
combine
rules
or
parts
of
rules
6
and
add
or
amend
catchwords
to
rules
and
subrules
or
parts
of
7
rules
.
8
f.
Update
the
address,
telephone
number,
facsimile
number,
9
or
electronic
mail
address
,
or
internet
site
address
of
an
10
agency,
officer,
or
other
entity.
11
Sec.
2.
Section
2B.17,
subsection
5,
paragraph
a,
Code
2023,
12
is
amended
to
read
as
follows:
13
a.
The
Iowa
Administrative
Bulletin
shall
be
cited
as
the
14
IAB,
with
references
identifying
the
volume
number
which
may
be
15
based
on
a
fiscal
year
cycle,
the
issue
number,
the
publication
16
date,
and
the
ARC
number
assigned
to
the
rulemaking
document
by
17
the
administrative
rules
coordinator
pursuant
to
section
17A.4
18
or
17A.5
.
Subject
to
the
legislative
services
agency
style
19
manual,
the
citation
may
also
include
the
publication’s
page
20
number.
21
Sec.
3.
Section
17A.2,
subsection
1,
Code
2023,
is
amended
22
to
read
as
follows:
23
1.
“Agency”
means
each
board,
commission,
department,
24
officer
or
other
administrative
office
or
unit
of
the
state.
25
“Agency”
does
not
mean
the
general
assembly
or
any
of
its
26
components
other
than
the
office
of
ombudsman
,
the
judicial
27
branch
or
any
of
its
components,
the
office
of
consumer
28
advocate,
the
governor,
or
a
political
subdivision
of
the
29
state
or
its
offices
and
units.
Unless
provided
otherwise
by
30
statute,
no
less
than
two-thirds
of
the
members
eligible
to
31
vote
of
a
multimember
agency
constitute
a
quorum
authorized
to
32
act
in
the
name
of
the
agency.
33
Sec.
4.
Section
17A.2,
subsection
11,
paragraph
g,
Code
34
2023,
is
amended
to
read
as
follows:
35
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g.
A
specification
of
the
prices
to
be
charged
for
goods
or
1
services
sold
by
an
agency
as
distinguished
from
a
license
fee,
2
application
fee,
or
other
fees
as
described
in
section
17A.6C
.
3
Sec.
5.
Section
17A.4,
subsection
1,
paragraph
a,
Code
2023,
4
is
amended
to
read
as
follows:
5
a.
Give
notice
of
its
intended
action
by
submitting
6
the
notice
to
the
administrative
rules
coordinator
and
7
the
administrative
code
editor.
The
administrative
rules
8
coordinator
shall
assign
an
ARC
number
to
each
rulemaking
9
document.
The
administrative
code
editor
shall
publish
each
10
notice
meeting
the
requirements
of
this
chapter
in
the
Iowa
11
administrative
bulletin
created
pursuant
to
section
2B.5A
.
The
12
legislative
services
agency
shall
also
submit
a
copy
of
the
13
notice
to
provide
the
chairpersons
and
ranking
members
of
the
14
appropriate
standing
committees
of
the
general
assembly
a
means
15
to
receive
an
electronic
copy
of
the
notice
for
additional
16
study.
Any
notice
of
intended
action
shall
be
published
at
17
least
thirty-five
days
in
advance
of
the
action.
The
notice
18
shall
include
a
statement
of
either
the
terms
or
substance
of
19
the
intended
action
or
a
description
of
the
subjects
and
issues
20
involved,
and
the
time
when,
the
place
where,
and
the
manner
in
21
which
interested
persons
may
present
their
views.
22
Sec.
6.
Section
17A.4,
subsection
8,
Code
2023,
is
amended
23
to
read
as
follows:
24
8.
Upon
the
vote
of
two-thirds
of
its
members,
the
25
administrative
rules
review
committee,
following
notice
of
26
intended
action
as
provided
in
subsection
1
and
prior
to
27
adoption
of
a
rule
pursuant
to
that
notice,
may
suspend
further
28
action
relating
to
the
agency
from
adopting
that
notice
for
29
seventy
days.
Notice
that
adoption
of
a
notice
of
intended
30
action
was
suspended
under
this
provision
shall
be
published
in
31
the
Iowa
administrative
code
and
bulletin.
32
Sec.
7.
Section
17A.5,
subsection
1,
Code
2023,
is
amended
33
to
read
as
follows:
34
1.
Each
agency
shall
file
each
rule
adopted
by
the
agency
35
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8
H.F.
_____
with
the
office
of
the
administrative
rules
coordinator
and
1
provide
an
exact
copy
to
the
administrative
code
editor.
The
2
administrative
rules
coordinator
shall
assign
an
ARC
number
to
3
each
rulemaking
document.
The
administrative
rules
coordinator
4
code
editor
shall
keep
a
permanent
electronic
register
of
the
5
rules
open
to
public
inspection.
The
administrative
code
6
editor
shall
publish
each
rule
adopted
in
accordance
with
this
7
chapter
in
the
Iowa
administrative
code.
8
Sec.
8.
Section
17A.6,
Code
2023,
is
amended
to
read
as
9
follows:
10
17A.6
Publications
——
copy
of
standards
adopted
by
reference.
11
01.
For
purposes
of
subsections
2
through
5,
unless
the
12
context
otherwise
requires:
13
a.
“Adopt
by
reference”
or
“adoption
by
reference”
means
14
incorporating
the
text
of
a
cited
publication,
or
a
part
15
thereof,
into
a
rule
without
including
the
text
of
the
16
publication
in
the
rule.
17
b.
“Publication”
does
not
include
the
Iowa
Code,
Iowa
Acts,
18
Iowa
administrative
code,
Iowa
court
rules,
or
uniform
rules
on
19
agency
procedure.
20
1.
The
administrative
code
editor
shall
publish
the
Iowa
21
administrative
bulletin
and
the
Iowa
administrative
code
as
22
provided
in
section
2B.5A
.
23
2.
An
agency
which
that
adopts
standards
by
reference
to
24
another
publication
shall
deliver
an
electronic
a
printed
copy
25
of
the
publication,
or
the
relevant
part
of
the
publication,
26
containing
the
standards
to
the
administrative
code
editor
27
who
shall
publish
it
on
the
general
assembly’s
internet
site.
28
If
an
electronic
copy
of
the
publication
is
not
available,
29
the
agency
shall
deliver
a
printed
copy
of
the
publication
to
30
the
administrative
code
editor
who
shall
deposit
the
copy
in
31
the
state
law
library
where
it
which
shall
be
made
make
it
32
available
for
inspection
and
reference.
The
agency
may
instead
33
deposit
a
printed
copy
of
the
publication,
or
the
relevant
part
34
of
the
publication,
in
the
state
law
library
directly.
This
35
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subsection
does
not
apply
to
a
publication
that
is
a
federal
1
statute
or
regulation.
2
3.
In
lieu
of
the
procedures
established
in
subsection
2
,
3
an
agency
may
establish
alternative
procedures
providing
for
4
public
access
to
an
electronic
or
printed
copy
of
a
publication
5
containing
standards
adopted
by
reference
if
the
publication
is
6
proprietary
or
contains
proprietary
information.
7
4.
An
agency
that
adopts
standards
by
reference
to
another
8
publication
or
a
part
thereof
shall
include
as
part
of
the
9
reference
a
date
certain,
edition
or
amendment
number,
or
other
10
information
identifying
the
specific
version
of
the
publication
11
or
the
specific
point
in
time
from
which
the
text
of
the
12
publication
can
be
determined.
The
adoption
of
standards
by
13
reference
to
another
publication
or
a
part
thereof
shall
not
14
include
adoption
of
any
amendment,
edition,
or
version
of
the
15
publication
subsequent
to
the
effective
date
of
the
adoption.
16
This
subsection
does
not
apply
when
the
adoption
of
amendments,
17
editions,
or
versions
of
a
publication
subsequent
to
the
18
effective
date
of
the
adoption
is
explicitly
required
by
a
19
provision
of
the
Code
or
Acts.
20
5.
An
agency
shall
include
in
the
preamble
to
each
rule
21
submitted
pursuant
to
section
17A.4
or
17A.5
that
adopts
22
standards
by
reference
to
another
publication
or
part
thereof
a
23
brief
explanation
of
the
content
of
the
publication
or
part.
24
If
such
a
rule
updates
a
reference
to
a
publication
previously
25
adopted
by
reference,
the
agency
shall
include
in
the
preamble
26
a
brief
explanation
of
any
significant
changes
in
the
content
27
of
the
publication
or
part.
28
Sec.
9.
NEW
SECTION
.
17A.6C
Agency
fees
——
rules.
29
The
amount
of
a
license
fee,
application
fee,
or
other
fee
30
established
by
an
agency,
including
any
subsequent
increase
or
31
decrease
in
the
amount,
shall
be
specified
in
a
rule
adopted
by
32
the
agency.
This
section
does
not
apply
when
the
amount
of
a
33
fee
is
specifically
established
or
described
in
the
Iowa
Code,
34
Iowa
Acts,
Iowa
court
rules,
or
by
federal
law.
35
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Sec.
10.
Section
17A.8,
subsection
1,
Code
2023,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
The
administrative
rules
coordinator
3
shall
serve
as
an
ex
officio,
nonvoting
member.
4
Sec.
11.
Section
17A.8,
subsections
2
and
3,
Code
2023,
are
5
amended
to
read
as
follows:
6
2.
A
committee
member
appointed
pursuant
to
subsection
1,
7
paragraph
“a”
or
“b”
,
shall
be
appointed
as
of
the
convening
of
8
a
regular
session
convened
in
an
odd-numbered
year.
The
term
9
of
office
for
a
member
from
the
house
of
representatives
shall
10
end
upon
the
convening
of
the
general
assembly
following
the
11
appointment.
The
term
of
office
for
a
member
from
the
senate
12
shall
end
upon
the
convening
of
the
general
assembly
after
the
13
general
assembly
following
appointment.
However,
a
member
14
shall
serve
until
a
successor
is
appointed.
A
vacancy
on
the
15
committee
shall
be
filled
by
the
original
appointing
authority
16
for
the
remainder
of
the
term.
A
vacancy
shall
exist
whenever
17
a
committee
member
ceases
to
be
a
member
of
the
house
from
18
which
the
member
was
appointed.
19
3.
A
committee
member
appointed
pursuant
to
subsection
1,
20
paragraph
“a”
or
“b”
,
shall
be
paid
the
per
diem
specified
in
21
section
2.10,
subsection
5
,
for
each
day
in
attendance
and
22
shall
be
reimbursed
for
actual
and
necessary
expenses.
There
23
is
appropriated
from
money
in
the
general
fund
not
otherwise
24
appropriated
an
amount
sufficient
to
pay
costs
incurred
under
25
this
section
.
26
Sec.
12.
Section
17A.8,
subsection
9,
Code
2023,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
c.
Notice
of
an
effective
date
that
was
29
delayed
or
of
applicability
that
was
suspended
under
this
30
provision
shall
be
published
in
the
Iowa
administrative
code
31
and
bulletin.
32
Sec.
13.
Section
17A.8,
subsection
10,
paragraph
b,
Code
33
2023,
is
amended
to
read
as
follows:
34
b.
Notice
of
an
effective
date
that
was
delayed
or
of
35
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applicability
that
was
suspended
under
this
provision
shall
be
1
published
in
the
Iowa
administrative
code
and
bulletin.
2
Sec.
14.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
3
2024.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
concerns
the
administrative
rulemaking
process
8
for
executive
branch
agencies
under
Code
chapter
17A,
the
Iowa
9
administrative
procedure
Act,
and
related
matters.
10
The
bill
allows
the
administrative
code
editor
to
update
11
the
internet
site
address
of
an
agency,
officer,
or
other
12
entity
when
preparing
the
copy
for
an
edition
of
the
Iowa
13
administrative
code
or
Iowa
administrative
bulletin.
The
14
bill
also
allows
the
administrative
code
editor
to
correct
15
references
to
chapters
or
subunits
of
rules
or
Code
sections
16
that
are
cited
erroneously
or
have
been
repealed,
amended,
or
17
renumbered,
and
to
add
or
amend
catchwords
to
parts
of
rules.
18
The
bill
provides
that
a
citation
to
the
Iowa
administrative
19
bulletin
may
include
the
publication
date
and
the
ARC
number
of
20
an
adopted
rulemaking
document.
21
The
bill
provides
that
the
exclusion
of
the
legislative
22
branch
from
the
definition
of
“agency”
in
Code
chapter
17A
23
includes
components
of
the
legislative
branch
other
than
the
24
office
of
ombudsman.
25
The
bill
strikes
language
requiring
that
an
agency
submit
26
a
copy
of
a
notice
of
intended
action
to
the
chairpersons
27
and
ranking
members
of
the
appropriate
standing
committees
28
of
the
general
assembly.
The
bill
instead
requires
that
the
29
legislative
services
agency
provide
the
chairpersons
and
30
ranking
members
a
means
to
receive
an
electronic
copy
of
such
31
notices.
32
The
bill
strikes
language
allowing
the
administrative
33
rules
review
committee
(ARRC),
by
a
vote
of
two-thirds
of
its
34
members,
to
suspend
further
action
relating
to
a
notice
of
35
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intended
action
for
70
days.
The
bill
instead
allows
the
ARRC,
1
by
a
vote
of
two-thirds
of
its
members,
to
suspend
an
agency
2
from
adopting
a
notice
for
70
days.
3
The
bill
strikes
language
requiring
the
administrative
rules
4
coordinator
to
keep
a
permanent
register
of
rules
open
to
the
5
public.
The
bill
instead
requires
the
administrative
code
6
editor
to
keep
a
permanent
electronic
register
of
rules
open
7
to
the
public.
8
The
bill
strikes
language
requiring
an
agency
that
adopts
9
standards
by
reference
to
another
publication
to
deliver
an
10
electronic
copy
of
the
publication,
or
the
relevant
part
of
the
11
publication,
to
the
administrative
code
editor
for
publication
12
on
the
general
assembly’s
internet
site
or
to
deliver
a
printed
13
copy
to
the
administrative
code
editor
for
deposit
in
the
state
14
law
library
if
an
electronic
copy
is
not
available.
The
bill
15
instead
requires
such
an
agency
to
deliver
a
printed
copy
of
16
the
publication
or
part
to
the
administrative
code
editor
for
17
deposit
in
the
state
law
library
or
to
deposit
a
copy
in
the
18
state
law
library
directly.
This
requirement
does
not
apply
to
19
a
publication
that
is
a
federal
statute
or
regulation.
20
The
bill
requires
an
agency
that
adopts
standards
by
21
reference
to
another
publication
or
a
portion
thereof
to
22
include
as
part
of
the
reference
a
date
certain,
edition
or
23
amendment
number,
or
other
information
identifying
the
specific
24
version
of
the
publication
or
the
specific
point
in
time
from
25
which
the
text
of
the
publication
can
be
determined.
The
26
adoption
of
standards
by
reference
to
another
publication
shall
27
not
include
adoption
of
any
amendment,
edition,
or
version
28
of
the
publication
subsequent
to
the
effective
date
of
the
29
adoption.
These
requirements
do
not
apply
when
the
adoption
of
30
amendments,
editions,
or
versions
of
a
publication
subsequent
31
to
the
effective
date
of
the
adoption
is
explicitly
required
by
32
a
provision
of
the
Iowa
Code
or
Iowa
Acts.
33
The
bill
requires
an
agency
to
include
in
the
preamble
to
34
each
noticed
or
adopted
rule
that
adopts
standards
by
reference
35
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H.F.
_____
to
another
publication
or
portion
thereof
a
brief
explanation
1
of
the
content
of
the
publication
or
portion
and,
if
the
rule
2
updates
a
reference
to
a
publication
previously
adopted
by
3
reference,
a
brief
explanation
of
any
significant
changes
in
4
the
content
of
the
publication.
5
The
bill
provides
that
“publication”,
for
purposes
of
6
requirements
of
Code
chapter
17A
relating
to
adoption
by
7
agencies
of
standards
by
reference
to
other
publications,
does
8
not
include
the
Iowa
Code,
Iowa
Acts,
Iowa
administrative
code,
9
Iowa
court
rules,
or
uniform
rules
on
agency
procedure.
10
The
bill
provides
that
the
amount
of
a
license
fee,
11
application
fee,
or
other
fee
established
by
an
agency,
12
including
any
subsequent
increase
or
decrease
in
the
amount,
13
shall
be
specified
in
a
rule
adopted
by
the
agency.
This
14
requirement
does
not
apply
when
the
amount
of
a
fee
is
15
specifically
established
or
described
in
the
Iowa
Code,
Iowa
16
Acts,
Iowa
court
rules,
or
by
federal
law.
17
The
bill
provides
that
the
administrative
rules
coordinator
18
shall
serve
as
an
ex
officio,
nonvoting
member
of
the
ARRC.
19
The
bill
provides
that
notice
of
certain
delays
of
an
20
effective
date
or
suspensions
of
applicability
of
a
rule
shall
21
be
published
in
the
Iowa
administrative
code
and
bulletin.
22
The
bill
takes
effect
January
1,
2024.
23
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