Senate File 86 - Introduced
SENATE FILE
BY McKINLEY
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 1983SS 81
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 upon
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 a
2 7 negotiated rulemaking group consideration of a proposed rule,
2 8 the agency may commence rulemaking as provided in section
2 9 17A.4. The group is automatically abolished upon the agency's
2 10 adoption of the rule pursuant to the provisions of section
2 11 17A.5.
2 12 EXPLANATION
2 13 If required by statute, this bill requires an agency to
2 14 create an ad hoc group to review proposed rules prior to
2 15 commencing a rulemaking proceeding. Where a statute does not
2 16 require this review, the bill allows an agency to create such
2 17 a review group. Members are appointed by the agency and the
2 18 composition must adequately represent a fair balance of the
2 19 interests affected by the rule. Once such a group is created,
2 20 the agency may only commence rulemaking after the group has
2 21 considered the proposed rule in question.
2 22 The bill is based on similar provisions found in the
2 23 federal Aministrative Procedures Act.
2 24 LSB 1983SS 81
2 25 jr:rj/sh/8