House File 809 - Introduced HOUSE FILE 809 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 264) A BILL FOR An Act providing for delinquency fees for executive branch 1 agencies for untimely rulemaking in certain circumstances 2 and including effective date and retroactive applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2438HV (2) 89 je/rn
H.F. 809 Section 1. Section 17A.4, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. a. For purposes of this subsection, 3 “provision of an Act of the general assembly that expressly 4 requires rulemaking” means a provision within the text of an Act 5 of the general assembly that explicitly requires rulemaking, 6 without reference to any statutory provision that is not 7 included in the text of the Act. 8 b. (1) If an agency submits written notification to the 9 administrative rules review committee pursuant to subsection 10 9, paragraph “a” , subparagraph (2), for a provision of an Act 11 of the general assembly that expressly requires rulemaking by 12 the agency, the committee may, by a majority vote, reject the 13 notification. 14 (2) The committee may, by a majority vote, find that an 15 agency did not make a timely submission for a provision of an 16 Act of the general assembly that expressly requires rulemaking 17 by the agency as required pursuant to subsection 9, paragraph 18 “a” . 19 c. If the administrative rules review committee rejects a 20 written notification for a provision of an Act of the general 21 assembly that expressly requires rulemaking by an agency, or 22 if the committee finds that an agency did not make a timely 23 submission for a provision of an Act of the general assembly 24 that expressly requires rulemaking by the agency as required 25 pursuant to subsection 9, paragraph “a” , the committee may, 26 by a majority vote, impose a delinquency fee on the agency of 27 one thousand dollars per Act. The committee shall provide a 28 representative of the agency an opportunity to address the 29 committee concerning the rejection or lack of submission before 30 imposing such a fee. The committee shall notify the agency in 31 writing of the amount of the fee and the Acts of the general 32 assembly for which the fee was imposed. 33 d. No later than fourteen calendar days after receiving 34 written notice of a delinquency fee pursuant to paragraph “c” , 35 -1- LSB 2438HV (2) 89 je/rn 1/ 3
H.F. 809 an agency shall do one of the following: 1 (1) Remit the amount of such fee to the treasurer of state 2 who shall deposit the moneys in the general fund of the state. 3 The agency shall only pay such remittance from funds available 4 for salaries, support, maintenance, or other administrative 5 costs of the agency. The agency shall not pay such remittance 6 from funds allocated for any program or nonadministrative duty 7 or function of the agency. 8 (2) Submit a notice of intended action to the administrative 9 rules coordinator and the administrative code editor pursuant 10 to subsection 1 for the required rulemaking and provide written 11 notification to the committee that the submission was made. 12 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 13 importance, takes effect upon enactment. 14 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 15 retroactively to any provision of an Act enacted on or after 16 January 11, 2021. 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 Under Code section 17A.4, subsection 9, if a provision of 21 an Act of the general assembly expressly requires rulemaking 22 by an executive branch agency, or if another statute that 23 governs or is directly related to a provision of an Act of the 24 general assembly expressly requires rulemaking by the agency, 25 the agency must, within 180 days of the effective date of the 26 provision, submit a notice of intended action to commence the 27 rulemaking or submit written notification explaining the delay 28 to the administrative rules review committee (ARRC). 29 This bill authorizes the ARRC, by a majority vote, to reject 30 such a written notification for an Act of the general assembly 31 that expressly requires rulemaking. The bill also authorizes 32 the ARRC to find by a majority vote that an agency did not make 33 a timely submission for a provision of an Act of the general 34 assembly that expressly requires rulemaking by the agency as 35 -2- LSB 2438HV (2) 89 je/rn 2/ 3
H.F. 809 required pursuant to Code section 17A.4, subsection 9. If 1 the ARRC takes either of these actions, the bill authorizes 2 the ARRC, by a majority vote, to impose a delinquency fee 3 on the agency of $1,000 per Act. The ARRC must provide a 4 representative of the agency an opportunity to address the ARRC 5 concerning the rejection or lack of submission before imposing 6 such a fee and must notify the agency in writing of the amount 7 of the fee and the Acts of the general assembly for which the 8 fee was imposed. 9 An agency must, no later than 14 days after receiving 10 written notice of a delinquency fee, take one of two specified 11 actions. First, the agency may remit the amount of the fee 12 to the treasurer of state for deposit in the general fund of 13 the state. The agency shall only pay such remittance from 14 funds available for salaries, support, maintenance, or other 15 administrative costs of the agency. The agency shall not 16 pay such remittance from funds allocated for any program or 17 nonadministrative duty or function of the agency. Second, the 18 agency may submit a notice of intended action to commence the 19 rulemaking and provide written notification to the ARRC that 20 the submission was made. 21 The bill defines “provision of an Act of the general assembly 22 that expressly requires rulemaking” as a provision within the 23 text of an Act of the general assembly that explicitly requires 24 rulemaking, without reference to any statutory provision that 25 is not included in the text of the Act. 26 The bill takes effect upon enactment and applies 27 retroactively to January 11, 2021. 28 -3- LSB 2438HV (2) 89 je/rn 3/ 3