Senate File 533 S-3311 Amend Senate File 533 as follows: 1 1. Page 22, after line 31 by inserting: 2 < Sec. ___. NEW SECTION . 17A.4B Negotiated 3 rulemaking. 4 1. An agency shall create a negotiated rulemaking 5 group if required by statute. An agency may, on 6 its own motion or upon request, create a negotiated 7 rulemaking group if the agency determines that a 8 negotiated rulemaking group can adequately represent 9 the interests that will be significantly affected 10 by a draft rule proposal and that it is feasible and 11 appropriate in the particular rulemaking. Notice of 12 the creation of a negotiated rulemaking group shall 13 be published in the Iowa administrative bulletin. 14 Upon establishing a negotiated rulemaking group, 15 the agency shall also specify a time frame for group 16 deliberations. 17 2. Unless otherwise provided by statute, the 18 agency shall appoint a sufficient number of members 19 to the group so that a fair cross section of opinions 20 and interests regarding the draft rule proposal 21 is represented. One person shall be appointed to 22 represent the agency. The group shall select its own 23 chairperson and adopt its rules of procedure. All 24 meetings of the group shall be open to the public. 25 A majority of the membership constitutes a quorum. 26 Members shall not receive any per diem payment but 27 shall be reimbursed for all necessary expenses. Any 28 vacancy shall be filled in the same manner as the 29 initial appointment. 30 3. Prior to the publication of a notice of intended 31 action, the group shall consider the terms or substance 32 of the rule drafted by the agency and shall attempt to 33 reach a consensus concerning the draft rule proposal. 34 4. If a group reaches a consensus on a draft rule 35 proposal, the group shall transmit to the agency a 36 report containing the consensus on the draft rule 37 proposal. If the group does not reach a consensus on a 38 draft rule proposal within the specified time frame, 39 the group shall transmit to the agency a report stating 40 that inability to reach a consensus and specifying any 41 areas in which the group reached a consensus. The 42 group may include in a report any other information, 43 recommendations, or materials that the group considers 44 appropriate. Any group member may include as an 45 addendum to the report additional information, 46 recommendations, or materials. A report issued under 47 this subsection shall not be considered final agency 48 action for purposes of judicial review. 49 5. Unless otherwise provided by statute, following 50 -1- SF533.3046 (5) 84 jr/tm 1/ 3 #1.

a negotiated rulemaking group consideration of a draft 1 rule proposal, the agency may commence rulemaking as 2 provided in section 17A.4. The group is automatically 3 abolished upon the agency’s adoption of the rule 4 pursuant to the provisions of section 17A.5. 5 Sec. ___. Section 17A.7, subsection 2, Code 2011, 6 is amended by striking the subsection and inserting in 7 lieu thereof the following: 8 2. Over a five-year period of time, an agency 9 shall conduct an ongoing and comprehensive review of 10 all of the agency’s rules. The goal of the review 11 is the identification and elimination of all rules of 12 the agency that are outdated, redundant, overbroad, 13 ineffective, unnecessary, or otherwise undesirable. 14 An agency shall commence its review by developing a 15 plan of review in consultation with major stakeholders 16 and constituent groups. As part of its review, an 17 agency shall review existing policy and interpretive 18 statements or similar documents to determine whether 19 it would be necessary or appropriate to adopt these 20 statements or documents as rules. 21 a. An agency shall establish its five-year plan for 22 review of its rules and publish the plan in the Iowa 23 administrative bulletin. 24 b. An agency’s plan for review shall do all of the 25 following: 26 (1) Contain a schedule that lists when the review 27 of each rule or rule group will occur. 28 (2) State the method by which the agency will 29 determine whether the rule under review meets the 30 criteria listed in this section. 31 (3) Provide a means for public participation in the 32 review process and specify how interested persons may 33 participate in the review. 34 (4) Identify instances where the agency may require 35 an exception to the review requirements. 36 (5) Provide a process for ongoing review of rules 37 after the initial five-year review period has expired. 38 c. An agency shall consider all of the following 39 criteria when reviewing its rules: 40 (1) The need for the rule. 41 (2) The clarity of the rule. 42 (3) The intent and legal authority for the rule. 43 (4) The qualitative and quantitative benefits and 44 costs of the rule. 45 (5) The fairness of the rule. 46 d. When an agency completes its five-year review of 47 its rules, the agency shall provide a summary of the 48 results to the administrative rules coordinator and the 49 administrative rules review committee. > 50 -2- SF533.3046 (5) 84 jr/tm 2/ 3