HF 809 (LSB 2438HV (2) 89)

HOUSE FILE 809

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HSB 264)

A BILL FOR

An Act providing for delinquency fees for executive branch agencies for untimely rulemaking in certain circumstances and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.4, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  a.  For purposes of this subsection, “provision of an Act of the general assembly that expressly requires rulemaking” means a provision within the text of an Act of the general assembly that explicitly requires rulemaking, without reference to any statutory provision that is not included in the text of the Act.
   b.  (1)  If an agency submits written notification to the administrative rules review committee pursuant to subsection 9, paragraph “a”, subparagraph (2), for a provision of an Act of the general assembly that expressly requires rulemaking by the agency, the committee may, by a majority vote, reject the notification.
   (2)  The committee may, by a majority vote, find that an agency did not make a timely submission for a provision of an Act of the general assembly that expressly requires rulemaking by the agency as required pursuant to subsection 9, paragraph “a”.
   c.  If the administrative rules review committee rejects a written notification for a provision of an Act of the general assembly that expressly requires rulemaking by an agency, or if the committee finds that an agency did not make a timely submission for a provision of an Act of the general assembly that expressly requires rulemaking by the agency as required pursuant to subsection 9, paragraph “a”, the committee may, by a majority vote, impose a delinquency fee on the agency of one thousand dollars per Act. The committee shall provide a representative of the agency an opportunity to address the committee concerning the rejection or lack of submission before imposing such a fee. The committee shall notify the agency in writing of the amount of the fee and the Acts of the general assembly for which the fee was imposed.
   d.  No later than fourteen calendar days after receiving written notice of a delinquency fee pursuant to paragraph “c”, an agency shall do one of the following:
   (1)  Remit the amount of such fee to the treasurer of state who shall deposit the moneys in the general fund of the state. The agency shall only pay such remittance from funds available for salaries, support, maintenance, or other administrative costs of the agency. The agency shall not pay such remittance from funds allocated for any program or nonadministrative duty or function of the agency.
   (2)  Submit a notice of intended action to the administrative rules coordinator and the administrative code editor pursuant to subsection 1 for the required rulemaking and provide written notification to the committee that the submission was made.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 3.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to any provision of an Act enacted on or after January 11, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code section 17A.4, subsection 9, if a provision of an Act of the general assembly expressly requires rulemaking by an executive branch agency, or if another statute that governs or is directly related to a provision of an Act of the general assembly expressly requires rulemaking by the agency, the agency must, within 180 days of the effective date of the provision, submit a notice of intended action to commence the rulemaking or submit written notification explaining the delay to the administrative rules review committee (ARRC).
   This bill authorizes the ARRC, by a majority vote, to reject such a written notification for an Act of the general assembly that expressly requires rulemaking. The bill also authorizes the ARRC to find by a majority vote that an agency did not make a timely submission for a provision of an Act of the general assembly that expressly requires rulemaking by the agency as required pursuant to Code section 17A.4, subsection 9. If the ARRC takes either of these actions, the bill authorizes the ARRC, by a majority vote, to impose a delinquency fee on the agency of $1,000 per Act. The ARRC must provide a representative of the agency an opportunity to address the ARRC concerning the rejection or lack of submission before imposing such a fee and must notify the agency in writing of the amount of the fee and the Acts of the general assembly for which the fee was imposed.
   An agency must, no later than 14 days after receiving written notice of a delinquency fee, take one of two specified actions. First, the agency may remit the amount of the fee to the treasurer of state for deposit in the general fund of the state. The agency shall only pay such remittance from funds available for salaries, support, maintenance, or other administrative costs of the agency. The agency shall not pay such remittance from funds allocated for any program or nonadministrative duty or function of the agency. Second, the agency may submit a notice of intended action to commence the rulemaking and provide written notification to the ARRC that the submission was made.
   The bill defines “provision of an Act of the general assembly that expressly requires rulemaking” as a provision within the text of an Act of the general assembly that explicitly requires rulemaking, without reference to any statutory provision that is not included in the text of the Act.
   The bill takes effect upon enactment and applies retroactively to January 11, 2021.