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 TLSB 2438YC (6) 89 je/rn

H.F. _____ 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. 35 -1- LSB 2438YC (6) 89 je/rn 1/ 3

H.F. _____ 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 -2- LSB 2438YC (6) 89 je/rn 2/ 3

H.F. _____ 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. 9 -3- LSB 2438YC (6) 89 je/rn 3/ 3