Bill Text: IA SF439 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing for negotiated rulemaking. (Formerly SF 375.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF439 Detail]
Download: Iowa-2011-SF439-Introduced.html
Senate
File
439
-
Introduced
SENATE
FILE
439
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
375)
A
BILL
FOR
An
Act
providing
for
negotiated
rulemaking.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
17A.4B
Negotiated
rulemaking.
1
1.
An
agency
shall
create
a
negotiated
rulemaking
group
if
2
required
by
statute.
An
agency
may,
on
its
own
motion
or
upon
3
request,
create
a
negotiated
rulemaking
group
if
the
agency
4
determines
that
a
negotiated
rulemaking
group
can
adequately
5
represent
the
interests
that
will
be
significantly
affected
by
6
a
draft
rule
proposal
and
that
it
is
feasible
and
appropriate
7
in
the
particular
rulemaking.
Notice
of
the
creation
of
a
8
negotiated
rulemaking
group
shall
be
published
in
the
Iowa
9
administrative
bulletin.
Upon
establishing
a
negotiated
10
rulemaking
group,
the
agency
shall
also
specify
a
time
frame
11
for
group
deliberations.
12
2.
Unless
otherwise
provided
by
statute,
the
agency
shall
13
appoint
a
sufficient
number
of
members
to
the
group
so
that
14
a
fair
cross
section
of
opinions
and
interests
regarding
the
15
draft
rule
proposal
is
represented.
One
person
shall
be
16
appointed
to
represent
the
agency.
The
group
shall
select
its
17
own
chairperson
and
adopt
its
rules
of
procedure.
All
meetings
18
of
the
group
shall
be
open
to
the
public.
A
majority
of
the
19
membership
constitutes
a
quorum.
Members
shall
not
receive
20
any
per
diem
payment
but
shall
be
reimbursed
for
all
necessary
21
expenses.
Any
vacancy
shall
be
filled
in
the
same
manner
as
22
the
initial
appointment.
23
3.
Prior
to
the
publication
of
a
notice
of
intended
action,
24
the
group
shall
consider
the
terms
or
substance
of
the
rule
25
drafted
by
the
agency
and
shall
attempt
to
reach
a
consensus
26
concerning
the
draft
rule
proposal.
27
4.
If
a
group
reaches
a
consensus
on
a
draft
rule
proposal,
28
the
group
shall
transmit
to
the
agency
a
report
containing
the
29
consensus
on
the
draft
rule
proposal.
If
the
group
does
not
30
reach
a
consensus
on
a
draft
rule
proposal
within
the
specified
31
time
frame,
the
group
shall
transmit
to
the
agency
a
report
32
stating
that
inability
to
reach
a
consensus
and
specifying
any
33
areas
in
which
the
group
reached
a
consensus.
The
group
may
34
include
in
a
report
any
other
information,
recommendations,
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or
materials
that
the
group
considers
appropriate.
Any
group
1
member
may
include
as
an
addendum
to
the
report
additional
2
information,
recommendations,
or
materials.
A
report
issued
3
under
this
subsection
shall
not
be
considered
final
agency
4
action
for
purposes
of
judicial
review.
5
5.
Unless
otherwise
provided
by
statute,
following
a
6
negotiated
rulemaking
group
consideration
of
a
draft
rule
7
proposal,
the
agency
may
commence
rulemaking
as
provided
in
8
section
17A.4.
The
group
is
automatically
abolished
upon
the
9
agency’s
adoption
of
the
rule
pursuant
to
the
provisions
of
10
section
17A.5.
11
EXPLANATION
12
If
required
by
statute,
this
bill
requires
an
agency
to
13
create
an
ad
hoc
group
to
review
draft
rule
proposals
prior
14
to
commencing
a
rulemaking
proceeding.
Where
a
statute
does
15
not
require
this
review,
the
bill
allows
an
agency
to
create
16
such
a
review
group.
Members
are
appointed
by
the
agency
and
17
the
composition
must
adequately
represent
a
fair
balance
of
the
18
interests
affected
by
the
rule.
Once
such
a
group
is
created,
19
the
agency
may
only
commence
rulemaking
after
the
group
has
20
considered
the
draft
rule
proposal
in
question.
21
The
bill
is
based
on
similar
provisions
found
in
the
federal
22
Administrative
Procedures
Act.
23
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