House File 82 - Introduced HOUSE FILE 82 BY HIGHFILL A BILL FOR An Act requiring state agency fees to be established by 1 statute. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1431YH (3) 87 ec/sc

H.F. 82 Section 1. NEW SECTION . 8E.401 Agency fees —— validity. 1 Notwithstanding any provision of law to the contrary, an 2 agency, as defined in section 17A.2, shall not be authorized to 3 establish, impose, or collect a license fee, application fee, 4 or any other fee unless the fee is established by statute or 5 set by federal law. 6 Sec. 2. Section 17A.2, subsection 11, paragraph g, Code 7 2017, is amended to read as follows: 8 g. A specification of the prices to be charged for goods or 9 services sold by an agency as distinguished from a license fee, 10 application fee, or other fees . 11 Sec. 3. Section 17A.2, subsection 11, Code 2017, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . m. A license fee, application fee, or any 14 other fee. 15 Sec. 4. TRANSITION PROVISIONS. Notwithstanding any 16 provision of this Act to the contrary, a license fee, 17 application fee, or any other fee established by rule by an 18 agency, as defined in section 17A.2, as of July 1, 2017, shall 19 remain valid and enforceable until July 1, 2018. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the ability of a state agency to 24 establish, impose, and collect fees. 25 New Code section 8E.401 provides that an agency shall not 26 be authorized to establish, impose, or collect a license fee, 27 application fee, or any other fee unless the fee is established 28 by statute or set by federal law. 29 Code section 17A.2, is correspondingly amended to provide 30 that the definition of rule for purposes of the administrative 31 procedure Act does not include a license fee, application fee, 32 or any other fee. 33 The bill provides that any fee established by a state agency 34 by rule as of July 1, 2017, shall remain valid and enforceable 35 -1- LSB 1431YH (3) 87 ec/sc 1/ 2

H.F. 82 until July 1, 2018. 1 -2- LSB 1431YH (3) 87 ec/sc 2/ 2