House Study Bill 646 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act requiring state agencies to commence rulemaking within 1 certain time periods in certain circumstances and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6061YC (3) 86 je/rj

H.F. _____ Section 1. Section 17A.4, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. a. If an agency determines that 3 rulemaking by the agency is required or necessary in order 4 to implement or administer a provision of an Act of the 5 general assembly, the agency shall commence such rulemaking in 6 accordance with the following requirements: 7 (1) If a provision of an Act enacted during a regular 8 session of the general assembly is effective on or before July 9 1 of the calendar year in which the Act is enacted, the agency 10 shall submit a notice of intended action to the administrative 11 rules coordinator and the administrative code editor pursuant 12 to subsection 1 no later than the deadline established by the 13 administrative code editor for submission of such documents 14 for publication in the last issue of the Iowa administrative 15 bulletin to be published in October of that calendar year. 16 (2) If a provision of an Act enacted during a regular 17 session of the general assembly is effective after July 1 of 18 the calendar year in which the Act is enacted, the agency 19 shall provide written notification to the administrative rules 20 review committee no later than November 1 of that calendar 21 year stating when the agency intends to submit a notice of 22 intended action to the administrative rules coordinator and 23 the administrative code editor pursuant to subsection 1. The 24 agency shall submit such a notice of intended action no later 25 than ninety days after the provision is effective. 26 (3) For a provision of an Act enacted during a special 27 session of the general assembly, the agency shall submit 28 a notice of intended action to the administrative rules 29 coordinator and the administrative code editor pursuant to 30 subsection 1 no later than ninety days after the provision is 31 effective. 32 b. An agency may submit a notice of intended action on 33 a date later than required by paragraph “a” if a statute so 34 provides or if the administrative rules review committee 35 -1- LSB 6061YC (3) 86 je/rj 1/ 4

H.F. _____ authorizes by a majority vote of its members a later submission 1 date. The administrative rules review committee may include 2 as part of its authorization a date by which the agency must 3 submit the notice of intended action. 4 c. This subsection shall not be construed to authorize an 5 agency to file a rule without notice pursuant to subsection 3, 6 paragraph “a” . An agency utilizing the procedures provided in 7 subsection 3, paragraph “a” , to file a rule without notice shall 8 also submit a notice of intended action to the administrative 9 rules coordinator and the administrative code editor pursuant 10 to subsection 1 as required by this subsection if applicable. 11 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 12 immediate importance, takes effect upon enactment. 13 Sec. 3. APPLICABILITY. This Act applies to any rulemaking 14 commenced on or after the effective date of this Act that 15 implements provisions of Acts enacted on or after the effective 16 date of this Act. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill requires a state agency, which determines that 21 rulemaking by the agency is required or necessary in order to 22 implement or administer a provision of an Act of the general 23 assembly, to commence such rulemaking in accordance with 24 certain requirements contained in the bill. 25 Rulemaking is generally commenced when an agency submits 26 a notice of intended action pursuant to Code section 17A.4, 27 subsection 1. Such notices are published in the Iowa 28 administrative bulletin. The Iowa administrative bulletin is 29 published on a biweekly basis pursuant to Code section 2B.5A. 30 For a provision of an Act enacted during a regular session 31 of the general assembly that is effective on or before July 32 1 of the calendar year in which the Act is enacted, the bill 33 requires an agency to submit a notice of intended action to 34 the administrative rules coordinator and the administrative 35 -2- LSB 6061YC (3) 86 je/rj 2/ 4

H.F. _____ code editor no later than the deadline established by the 1 administrative code editor for submission of such documents 2 for publication in the last issue of the Iowa administrative 3 bulletin to be published in October of that calendar year. 4 The deadline established by the administrative code editor 5 for submission of documents for publication in the last issue 6 of the Iowa administrative bulletin to be published in the 7 month of October generally falls on a date in the period from 8 September 29 through October 12. 9 For a provision of an Act enacted during a regular session 10 of the general assembly that is effective after July 1 of 11 the calendar year in which the Act is enacted, the bill 12 requires an agency to provide written notification to the 13 administrative rules review committee no later than November 14 1 of that calendar year stating when the agency intends to 15 submit a notice of intended action to the administrative rules 16 coordinator and the administrative code editor. The bill 17 requires the agency to submit such a notice of intended action 18 no later than 90 days after the provision is effective. 19 For a provision of an Act enacted during a special session 20 of the general assembly, the bill requires an agency to 21 submit a notice of intended action to the administrative rules 22 coordinator and the administrative code editor no later than 90 23 days after the provision is effective. 24 The bill permits an agency to submit a notice of intended 25 action on a date later than required by the bill if a statute 26 so provides or if the administrative rules review committee 27 authorizes by a majority vote of its members a later submission 28 date. The bill permits the administrative rules review 29 committee to include as part of its authorization a date by 30 which the agency must submit the notice of intended action. 31 The bill shall not be construed to authorize an agency 32 to file a rule without notice pursuant to Code section 33 17A.4, subsection 3, paragraph “a”. An agency utilizing 34 the procedures provided in Code section 17A.4, subsection 35 -3- LSB 6061YC (3) 86 je/rj 3/ 4

H.F. _____ 3, paragraph “a”, to file a rule without notice shall also 1 submit a notice of intended action to the administrative rules 2 coordinator and the administrative code editor pursuant to 3 Code section 17A.4, subsection 1, as required by the bill if 4 applicable. 5 The bill takes effect upon enactment. 6 The bill applies to any rulemaking commenced on or after the 7 effective date of the bill that implements provisions of Acts 8 enacted on or after the effective date of the bill. 9 -4- LSB 6061YC (3) 86 je/rj 4/ 4