Senate File 2225
SENATE FILE
BY COMMITTEE ON ECONOMIC GROWTH
(SUCCESSOR TO SSB 3093)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for negotiated rulemaking.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6378SV 80
4 jr/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 17A.4B NEGOTIATED RULEMAKING.
1 2 1. An agency shall create a negotiated rulemaking group if
1 3 required by statute. An agency may, on its own motion or by
1 4 request, create a negotiated rulemaking group if the agency
1 5 determines that a negotiated rulemaking group can adequately
1 6 represent the interests that will be significantly affected by
1 7 a proposed rule and that it is feasible and appropriate in the
1 8 particular rulemaking. Notice of the creation of a negotiated
1 9 rulemaking group shall be published in the Iowa administrative
1 10 bulletin. Upon establishing a negotiated rulemaking group,
1 11 the agency shall also specify a time frame for group
1 12 deliberations.
1 13 2. Unless otherwise provided by statute, the agency shall
1 14 appoint a sufficient number of members to the group so that a
1 15 fair cross section of opinions and interests regarding the
1 16 proposed rule is represented. One person shall be appointed
1 17 to represent the agency. The group shall select its own
1 18 chairperson and adopt its rules of procedure. All meetings of
1 19 the group shall be open to the public. A majority of the
1 20 membership constitutes a quorum. Members shall not receive
1 21 any per diem payment but shall be reimbursed for all necessary
1 22 expenses. Any vacancy shall be filled in the same manner as
1 23 the initial appointment.
1 24 3. Prior to the publication of a notice of intended
1 25 action, the group shall consider the terms or substance of the
1 26 rule proposed by the agency and shall attempt to reach a
1 27 consensus concerning the proposed rule.
1 28 4. If a group reaches a consensus on a proposed rule, the
1 29 group shall transmit to the agency a report containing the
1 30 consensus on the proposed rule. If the group does not reach a
1 31 consensus on a proposed rule within the specified time frame,
1 32 the group shall transmit to the agency a report stating that
1 33 inability to reach a consensus and specifying any areas in
1 34 which the group reached a consensus. The group may include in
1 35 a report any other information, recommendations, or materials
2 1 that the group considers appropriate. Any group member may
2 2 include as an addendum to the report additional information,
2 3 recommendations, or materials. A report issued under this
2 4 subsection shall not be considered final agency action for
2 5 purposes of judicial review.
2 6 5. Unless otherwise provided by statute, following group
2 7 consideration of a proposed rule, the agency may commence
2 8 rulemaking as provided in section 17A.4. The group is
2 9 automatically abolished upon the agency's adoption of the rule
2 10 pursuant to the provisions of section 17A.5.
2 11 EXPLANATION
2 12 This bill mandates if required by statute and otherwise
2 13 allows an agency to create an ad hoc group to review proposed
2 14 rules prior to commencing a rulemaking proceeding. Members
2 15 are appointed by the agency and the composition must
2 16 adequately represent a fair balance of the interests affected
2 17 by the rule. Once such a group is created, the agency may
2 18 only commence rulemaking after the group has considered the
2 19 proposed rule in question.
2 20 The bill is based on similar provisions found in the
2 21 federal administrative procedures Act.
2 22 LSB 6378SV 80
2 23 jr/sh/8