House
Study
Bill
264
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
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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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.
If
an
agency
submits
written
notification
to
the
9
administrative
rules
review
committee
pursuant
to
subsection
10
9,
paragraph
“a”
,
subparagraph
(2),
the
committee
may,
by
a
11
majority
vote,
reject
the
notification.
12
c.
If
the
administrative
rules
review
committee
rejects
a
13
written
notification
for
a
provision
of
an
Act
of
the
general
14
assembly
that
expressly
requires
rulemaking
by
an
agency,
or
15
if
the
committee
finds
that
an
agency
did
not
make
a
timely
16
submission
for
a
provision
of
an
Act
of
the
general
assembly
17
that
expressly
requires
rulemaking
by
the
agency
as
required
18
pursuant
to
subsection
9,
paragraph
“a”
,
the
committee
may,
19
by
a
majority
vote,
impose
a
delinquency
fee
on
the
agency
of
20
one
thousand
dollars
per
Act.
The
committee
shall
provide
a
21
representative
of
the
agency
an
opportunity
to
address
the
22
committee
concerning
the
rejection
or
lack
of
submission
before
23
imposing
such
a
fee.
The
committee
shall
notify
the
agency
in
24
writing
of
the
amount
of
the
fee
and
the
Acts
of
the
general
25
assembly
for
which
the
fee
was
imposed.
26
d.
No
later
than
fourteen
calendar
days
after
receiving
27
written
notice
of
a
delinquency
fee
pursuant
to
paragraph
“c”
,
28
an
agency
shall
remit
the
amount
of
such
fee
to
the
treasurer
29
of
state
who
shall
deposit
the
moneys
in
the
general
fund
of
30
the
state.
The
agency
shall
only
pay
such
remittance
from
31
funds
available
for
salaries,
support,
maintenance,
or
other
32
administrative
costs
of
the
agency.
The
agency
shall
not
33
pay
such
remittance
from
funds
allocated
for
any
program
or
34
nonadministrative
duty
or
function
of
the
agency.
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Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
1
importance,
takes
effect
upon
enactment.
2
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
3
retroactively
to
any
provision
of
an
Act
enacted
on
or
after
4
January
11,
2021.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
Under
Code
section
17A.4,
subsection
9,
if
a
provision
of
9
an
Act
of
the
general
assembly
expressly
requires
rulemaking
10
by
an
executive
branch
agency,
or
if
another
statute
that
11
governs
or
is
directly
related
to
a
provision
of
an
Act
of
the
12
general
assembly
expressly
requires
rulemaking
by
the
agency,
13
the
agency
must,
within
180
days
of
the
effective
date
of
the
14
provision,
submit
a
notice
of
intended
action
to
commence
the
15
rulemaking
or
submit
written
notification
explaining
the
delay
16
to
the
administrative
rules
review
committee
(ARRC).
17
This
bill
authorizes
the
ARRC
to
reject
such
a
written
18
notification
by
a
majority
vote.
If
the
ARRC
does
so,
or
if
the
19
ARRC
finds
that
an
agency
did
not
make
a
timely
submission
for
20
a
provision
of
an
Act
of
the
general
assembly
that
expressly
21
requires
rulemaking
by
the
agency
as
required
pursuant
to
Code
22
section
17A.4,
subsection
9,
the
bill
authorizes
the
ARRC,
by
23
a
majority
vote,
to
impose
a
delinquency
fee
on
the
agency
of
24
$1,000
per
Act.
The
ARRC
must
provide
a
representative
of
25
the
agency
an
opportunity
to
address
the
ARRC
concerning
the
26
rejection
or
lack
of
submission
before
imposing
such
a
fee
and
27
must
notify
the
agency
in
writing
of
the
amount
of
the
fee
and
28
the
Acts
of
the
general
assembly
for
which
the
fee
was
imposed.
29
An
agency
must,
no
later
than
14
days
after
receiving
written
30
notice
of
a
delinquency
fee,
remit
the
amount
of
the
fee
to
31
the
treasurer
of
state
for
deposit
in
the
general
fund
of
32
the
state.
The
agency
shall
only
pay
such
remittance
from
33
funds
available
for
salaries,
support,
maintenance,
or
other
34
administrative
costs
of
the
agency.
The
agency
shall
not
35
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_____
pay
such
remittance
from
funds
allocated
for
any
program
or
1
nonadministrative
duty
or
function
of
the
agency.
2
The
bill
defines
“provision
of
an
Act
of
the
general
assembly
3
that
expressly
requires
rulemaking”
as
a
provision
within
the
4
text
of
an
Act
of
the
general
assembly
that
explicitly
requires
5
rulemaking,
without
reference
to
any
statutory
provision
that
6
is
not
included
in
the
text
of
the
Act.
7
The
bill
takes
effect
upon
enactment
and
applies
8
retroactively
to
January
11,
2021.
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