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
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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”
,
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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
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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.
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