Senate
Study
Bill
1249
-
Introduced
SENATE
FILE
_____
BY
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE
A
BILL
FOR
An
Act
concerning
the
rulemaking
process
for
executive
branch
1
agencies
and
related
matters.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2523XR
(2)
89
je/rn
S.F.
_____
Section
1.
Section
2B.13,
subsection
2,
paragraphs
b,
d,
and
1
f,
Code
2021,
are
amended
to
read
as
follows:
2
b.
Correct
references
to
rules
or
Code
sections
,
or
chapters
3
or
subunits
thereof,
which
are
cited
erroneously
or
have
been
4
repealed,
amended,
or
renumbered.
5
d.
Transfer,
divide,
or
combine
rules
or
parts
of
rules
6
and
add
or
amend
catchwords
to
rules
and
subrules
or
parts
of
7
rules
.
8
f.
Update
the
address,
telephone
number,
facsimile
number,
9
or
electronic
mail
address
,
or
internet
site
address
of
an
10
agency,
officer,
or
other
entity.
11
Sec.
2.
Section
2B.17,
subsection
5,
paragraph
a,
Code
2021,
12
is
amended
to
read
as
follows:
13
a.
The
Iowa
Administrative
Bulletin
shall
be
cited
as
the
14
IAB,
with
references
identifying
the
volume
number
which
may
be
15
based
on
a
fiscal
year
cycle,
the
issue
number,
the
publication
16
date,
and
the
ARC
number
assigned
to
the
rulemaking
document
by
17
the
administrative
rules
coordinator
pursuant
to
section
17A.4
18
or
section
17A.5
.
Subject
to
the
legislative
services
agency
19
style
manual,
the
citation
may
also
include
the
publication’s
20
page
number.
21
Sec.
3.
Section
17A.2,
subsection
1,
Code
2021,
is
amended
22
to
read
as
follows:
23
1.
“Agency”
means
each
board,
commission,
department,
24
officer
or
other
administrative
office
or
unit
of
the
state.
25
“Agency”
does
not
mean
the
general
assembly
or
any
of
its
26
components
other
than
the
office
of
ombudsman
,
the
judicial
27
branch
or
any
of
its
components,
the
office
of
consumer
28
advocate,
the
governor,
or
a
political
subdivision
of
the
29
state
or
its
offices
and
units.
Unless
provided
otherwise
by
30
statute,
no
less
than
two-thirds
of
the
members
eligible
to
31
vote
of
a
multimember
agency
constitute
a
quorum
authorized
to
32
act
in
the
name
of
the
agency.
33
Sec.
4.
Section
17A.2,
subsection
11,
unnumbered
paragraph
34
1,
Code
2021,
is
amended
to
read
as
follows:
35
-1-
LSB
2523XR
(2)
89
je/rn
1/
9
S.F.
_____
“Rule”
means
each
agency
statement
of
general
applicability
1
that
implements,
interprets,
or
prescribes
law
or
policy,
2
or
that
describes
the
organization,
procedure,
or
practice
3
requirements
of
any
agency.
Notwithstanding
any
other
statute,
4
the
term
includes
an
executive
order
or
directive
of
the
5
governor
which
creates
an
agency
or
establishes
a
program
or
6
which
transfers
a
program
between
agencies
established
by
7
statute
or
rule.
The
term
includes
the
amendment
or
repeal
of
8
an
existing
rule,
but
does
not
include:
9
Sec.
5.
Section
17A.2,
subsection
11,
paragraph
g,
Code
10
2021,
is
amended
to
read
as
follows:
11
g.
A
specification
of
the
prices
to
be
charged
for
goods
or
12
services
sold
by
an
agency
as
distinguished
from
a
license
fee,
13
application
fee,
or
other
fees
as
described
in
section
17A.6C
.
14
Sec.
6.
Section
17A.4,
subsection
1,
paragraph
a,
Code
2021,
15
is
amended
to
read
as
follows:
16
a.
Give
notice
of
its
intended
action
by
submitting
17
the
notice
to
the
administrative
rules
coordinator
and
18
the
administrative
code
editor.
The
administrative
rules
19
coordinator
shall
assign
an
ARC
number
to
each
rulemaking
20
document.
The
administrative
code
editor
shall
publish
each
21
notice
meeting
the
requirements
of
this
chapter
in
the
Iowa
22
administrative
bulletin
created
pursuant
to
section
2B.5A
.
23
The
legislative
services
agency
shall
also
submit
a
copy
of
24
the
notice
to
provide
the
chairpersons
and
ranking
members
of
25
the
appropriate
standing
committees
of
the
general
assembly
26
an
opportunity
to
review
an
electronic
copy
of
the
notice
27
for
additional
study.
Any
notice
of
intended
action
shall
28
be
published
at
least
thirty-five
days
in
advance
of
the
29
action.
The
notice
shall
include
a
statement
of
either
the
30
terms
or
substance
of
the
intended
action
or
a
description
of
31
the
subjects
and
issues
involved,
and
the
time
when,
the
place
32
where,
and
the
manner
in
which
interested
persons
may
present
33
their
views.
34
Sec.
7.
Section
17A.4,
subsection
8,
Code
2021,
is
amended
35
-2-
LSB
2523XR
(2)
89
je/rn
2/
9
S.F.
_____
to
read
as
follows:
1
8.
Upon
the
vote
of
two-thirds
of
its
members,
the
2
administrative
rules
review
committee,
following
notice
3
of
intended
action
as
provided
in
subsection
1
and
prior
4
to
adoption
of
a
rule
pursuant
to
that
notice,
may
suspend
5
further
action
relating
to
the
agency
from
adopting
that
6
notice
for
seventy
days.
The
adoption
of
a
notice
of
intended
7
action
shall
only
be
suspended
once
pursuant
this
subsection.
8
Notice
that
adoption
of
a
notice
of
intended
action
was
9
suspended
under
this
provision
shall
be
published
in
the
Iowa
10
administrative
code
and
bulletin.
11
Sec.
8.
Section
17A.5,
subsection
1,
Code
2021,
is
amended
12
to
read
as
follows:
13
1.
Each
agency
shall
file
each
rule
adopted
by
the
agency
14
with
the
office
of
the
administrative
rules
coordinator
and
15
provide
an
exact
copy
to
the
administrative
code
editor.
The
16
administrative
rules
coordinator
shall
assign
an
ARC
number
to
17
each
rulemaking
document.
The
administrative
rules
coordinator
18
code
editor
shall
keep
a
permanent
electronic
register
of
the
19
rules
open
to
public
inspection.
The
administrative
code
20
editor
shall
publish
each
rule
adopted
in
accordance
with
this
21
chapter
in
the
Iowa
administrative
code.
22
Sec.
9.
Section
17A.6,
Code
2021,
is
amended
by
adding
the
23
following
new
subsections:
24
NEW
SUBSECTION
.
1A.
For
purposes
of
subsections
2
through
25
5,
“publication”
does
not
include
the
Iowa
Code,
Iowa
Acts,
Iowa
26
administrative
code,
or
Iowa
court
rules.
27
NEW
SUBSECTION
.
4.
An
agency
which
adopts
a
standard
by
28
reference
to
another
publication
or
a
portion
thereof
shall
29
include
as
part
of
the
reference
a
date
certain,
edition
or
30
amendment
number,
or
other
information
identifying
the
specific
31
version
of
the
publication
or
the
specific
point
in
time
from
32
which
the
text
of
the
publication
can
be
determined.
The
33
adoption
of
a
standard
by
reference
to
another
publication
34
shall
not
include
adoption
of
any
amendment,
edition,
or
35
-3-
LSB
2523XR
(2)
89
je/rn
3/
9
S.F.
_____
version
of
the
publication
subsequent
to
the
effective
date
of
1
the
adoption.
2
NEW
SUBSECTION
.
5.
An
agency
shall
include
in
the
preamble
3
to
each
rule
submitted
pursuant
to
section
17A.4
or
17A.5
4
that
adopts
standards
by
reference
to
another
publication
or
5
portion
thereof
a
brief
explanation
of
the
content
of
the
6
publication
or
portion
and,
if
the
rule
updates
a
reference
7
to
a
publication
previously
adopted
by
reference,
a
brief
8
explanation
of
any
changes
in
the
content
of
the
publication.
9
Sec.
10.
NEW
SECTION
.
17A.6C
Agency
fees
——
rules.
10
The
amount
of
a
license
fee,
application
fee,
or
other
fee
11
established
by
an
agency,
including
any
subsequent
increase
or
12
decrease
in
the
amount,
shall
be
specified
in
a
rule
adopted
by
13
the
agency.
This
section
does
not
apply
where
the
amount
of
a
14
fee
is
specifically
established
in
the
Iowa
Code,
Iowa
Acts,
15
or
by
federal
law.
16
Sec.
11.
Section
17A.8,
subsection
1,
Code
2021,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
c.
The
administrative
rules
coordinator
19
shall
serve
as
an
ex
officio,
nonvoting
member.
20
Sec.
12.
Section
17A.8,
subsections
2,
3,
and
10,
Code
2021,
21
are
amended
to
read
as
follows:
22
2.
A
committee
member
appointed
pursuant
to
subsection
1,
23
paragraph
“a”
or
“b”
,
shall
be
appointed
as
of
the
convening
24
of
a
regular
session
convened
in
an
odd-numbered
year.
The
25
term
of
office
for
a
member
of
the
house
of
representatives
26
shall
end
upon
the
convening
of
the
general
assembly
following
27
the
appointment.
The
term
of
office
for
a
member
of
the
28
senate
shall
end
upon
the
convening
of
the
general
assembly
29
after
the
general
assembly
following
appointment.
However,
a
30
member
shall
serve
until
a
successor
is
appointed.
A
vacancy
31
on
the
committee
shall
be
filled
by
the
original
appointing
32
authority
for
the
remainder
of
the
term.
A
vacancy
shall
exist
33
whenever
a
committee
member
appointed
pursuant
to
subsection
1,
34
paragraph
“a”
or
“b”
,
ceases
to
be
a
member
of
the
house
from
35
-4-
LSB
2523XR
(2)
89
je/rn
4/
9
S.F.
_____
which
the
member
was
appointed.
1
3.
A
committee
member
appointed
pursuant
to
subsection
1,
2
paragraph
“a”
or
“b”
,
shall
be
paid
the
per
diem
specified
in
3
section
2.10,
subsection
5
,
for
each
day
in
attendance
and
4
shall
be
reimbursed
for
actual
and
necessary
expenses.
There
5
is
appropriated
from
money
in
the
general
fund
not
otherwise
6
appropriated
an
amount
sufficient
to
pay
costs
incurred
under
7
this
section
.
8
10.
a.
Upon
the
vote
of
two-thirds
of
its
members,
the
9
administrative
rules
review
committee
may
delay
the
effective
10
date
of
a
rule
or
portion
of
a
rule
seventy
days
beyond
that
11
permitted
in
section
17A.5
,
unless
the
rule
was
adopted
under
12
section
17A.5,
subsection
2
,
paragraph
“b”
.
The
effective
13
date
of
a
rulemaking
document
or
portion
thereof
shall
only
14
be
delayed
once
under
this
subsection.
If
the
rule
was
15
adopted
under
section
17A.5,
subsection
2
,
paragraph
“b”
,
the
16
administrative
rules
review
committee,
within
thirty-five
days
17
of
the
publication
of
the
rule
in
the
Iowa
administrative
18
bulletin
and
upon
the
vote
of
two-thirds
of
its
members,
may
19
suspend
the
applicability
of
the
rule
or
portion
of
the
rule
20
for
seventy
days.
The
applicability
of
a
rulemaking
document
21
or
portion
thereof
shall
only
be
suspended
once
under
this
22
subsection.
23
b.
Notice
of
an
effective
date
that
was
delayed
or
of
24
applicability
that
was
suspended
under
this
provision
shall
be
25
published
in
the
Iowa
administrative
code
and
bulletin.
26
Sec.
13.
Section
17A.8,
subsection
9,
paragraph
a,
Code
27
2021,
is
amended
to
read
as
follows:
28
a.
Upon
a
vote
of
two-thirds
of
its
members,
the
29
administrative
rules
review
committee
may
delay
the
effective
30
date
of
a
rule
or
portion
of
a
rule
until
the
adjournment
of
the
31
next
regular
session
of
the
general
assembly,
unless
the
rule
32
was
adopted
under
section
17A.5,
subsection
2
,
paragraph
“b”
.
33
The
effective
date
of
a
rulemaking
document
or
portion
thereof
34
shall
only
be
delayed
once
under
this
subsection.
If
the
rule
35
-5-
LSB
2523XR
(2)
89
je/rn
5/
9
S.F.
_____
was
adopted
under
section
17A.5,
subsection
2
,
paragraph
“b”
,
1
the
administrative
rules
review
committee,
within
thirty-five
2
days
of
the
publication
of
the
rule
in
the
Iowa
administrative
3
bulletin
and
upon
the
vote
of
two-thirds
of
its
members,
may
4
suspend
the
applicability
of
the
rule
or
portion
of
the
rule
5
until
the
adjournment
of
the
next
regular
session
of
the
6
general
assembly.
The
applicability
of
a
rulemaking
document
7
or
portion
thereof
shall
only
be
suspended
once
under
this
8
subsection.
9
Sec.
14.
Section
17A.8,
subsection
9,
Code
2021,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
c.
Notice
of
an
effective
date
that
was
12
delayed
or
of
applicability
that
was
suspended
under
this
13
provision
shall
be
published
in
the
Iowa
administrative
code
14
and
bulletin.
15
Sec.
15.
Section
17A.9A,
subsection
4,
Code
2021,
is
amended
16
to
read
as
follows:
17
4.
A
grant
or
denial
of
a
waiver
petition
shall
be
indexed,
18
filed,
and
available
for
public
inspection
as
provided
19
in
section
17A.3
.
The
administrative
code
editor
and
the
20
administrative
rules
coordinator
shall
devise
maintain
an
21
internet
site
to
identify
rules
for
which
a
petition
for
a
22
waiver
has
been
granted
or
denied
and
make
this
information
23
available
to
the
public.
When
an
agency
grants
or
denies
a
24
waiver,
the
agency
shall
submit
the
information
required
by
25
this
subsection
on
the
internet
site
within
sixty
days.
The
26
internet
site
shall
identify
the
rules
for
which
a
waiver
27
has
been
granted
or
denied,
the
number
of
times
a
waiver
was
28
granted
or
denied
for
each
rule,
a
citation
to
the
statutory
29
provisions
implemented
by
these
rules,
and
a
general
summary
30
of
the
reasons
justifying
the
agencies’
actions
on
the
waiver
31
request.
To
the
extent
practicable,
the
agency
shall
include
32
information
detailing
the
extent
to
which
the
granting
of
a
33
waiver
has
established
a
precedent
for
additional
waivers
and
34
the
extent
to
which
the
granting
of
a
waiver
has
affected
the
35
-6-
LSB
2523XR
(2)
89
je/rn
6/
9
S.F.
_____
general
applicability
of
the
rule
itself.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
administrative
rulemaking
process
5
for
executive
branch
agencies
under
Code
chapter
17A,
the
Iowa
6
administrative
procedure
Act.
7
The
bill
allows
the
administrative
code
editor
to
update
8
the
internet
site
address
of
an
agency,
officer,
or
other
9
entity
when
preparing
the
copy
for
an
edition
of
the
Iowa
10
administrative
code
or
Iowa
administrative
bulletin.
The
11
bill
also
allows
the
administrative
code
editor
to
correct
12
references
to
chapters
or
subunits
of
rules
or
Code
sections
13
that
are
cited
erroneously
or
have
been
repealed,
amended,
or
14
renumbered,
and
to
add
or
amend
catchwords
to
parts
of
rules.
15
The
bill
provides
that
a
citation
to
the
Iowa
administrative
16
bulletin
shall
include
the
publication
date
and
the
ARC
number
17
of
an
adopted
rulemaking
document.
18
The
bill
provides
that
the
exclusion
of
the
legislative
19
branch
from
the
definition
of
“agency”
in
Code
chapter
17A
20
includes
components
of
the
legislative
branch,
but
does
not
21
include
the
office
of
ombudsman.
22
The
bill
strikes
language
providing
that
an
executive
23
order
or
directive
of
the
governor
which
creates
an
agency
or
24
establishes
a
program
or
which
transfers
a
program
between
25
agencies
established
by
statute
or
rule
is
included
in
the
26
definition
of
“rule”
in
Code
chapter
17A.
27
The
bill
strikes
language
requiring
that
an
agency
submit
28
a
copy
of
a
notice
of
intended
action
to
the
chairpersons
29
and
ranking
members
of
the
appropriate
standing
committees
30
of
the
general
assembly.
The
bill
instead
requires
that
the
31
legislative
services
agency
provide
the
chairpersons
and
32
ranking
members
an
opportunity
to
review
an
electronic
copy
of
33
such
notices.
34
The
bill
strikes
language
allowing
the
administrative
35
-7-
LSB
2523XR
(2)
89
je/rn
7/
9
S.F.
_____
rules
review
committee
(ARRC),
by
a
vote
of
two-thirds
of
its
1
members,
to
suspend
further
action
relating
to
a
notice
of
2
intended
action
for
70
days.
The
bill
instead
allows
the
ARRC,
3
by
a
vote
of
two-thirds
of
its
members,
to
suspend
the
agency
4
from
adopting
a
notice
for
70
days.
The
bill
provides
that
5
adoption
of
a
notice
may
only
be
suspended
once.
6
The
bill
strikes
language
requiring
the
administrative
rules
7
coordinator
to
keep
a
permanent
register
of
rules
open
to
the
8
public.
The
bill
instead
requires
the
administrative
code
9
editor
to
keep
a
permanent
electronic
register
of
rules
open
10
to
the
public.
11
The
bill
requires
an
agency
which
adopts
a
standard
by
12
reference
to
another
publication
or
a
portion
thereof
to
13
include
as
part
of
the
reference
a
date
certain,
edition
or
14
amendment
number,
or
other
information
identifying
the
specific
15
version
of
the
publication
or
the
specific
point
in
time
from
16
which
the
text
of
the
publication
can
be
determined.
The
17
adoption
of
a
standard
by
reference
to
another
publication
18
shall
not
include
adoption
of
any
amendment,
edition,
or
19
version
of
the
publication
subsequent
to
the
effective
date
of
20
the
adoption.
21
The
bill
requires
an
agency
to
include
in
the
preamble
to
22
each
rule
submitted
for
publication
that
adopts
standards
by
23
reference
to
another
publication
or
portion
thereof
a
brief
24
explanation
of
the
content
of
the
publication
or
portion
and,
25
if
the
rule
updates
a
reference
to
a
publication
previously
26
adopted
by
reference,
a
brief
explanation
of
any
changes
in
the
27
content
of
the
publication.
28
The
bill
provides
that
“publication”,
for
purposes
of
29
requirements
of
Code
chapter
17A
relating
to
adoption
by
30
agencies
of
standards
by
reference
to
other
publications,
does
31
not
include
the
Iowa
Code,
Iowa
Acts,
Iowa
administrative
code,
32
or
Iowa
court
rules.
33
The
bill
provides
that
the
amount
of
a
license
fee,
34
application
fee,
or
other
fee
established
by
an
agency,
35
-8-
LSB
2523XR
(2)
89
je/rn
8/
9
S.F.
_____
including
any
subsequent
increase
or
decrease
in
the
amount,
1
shall
be
specified
in
a
rule
adopted
by
the
agency.
The
2
requirement
does
not
apply
where
the
amount
of
a
fee
is
3
specifically
established
in
the
Iowa
Code,
Iowa
Acts,
or
by
4
federal
law.
5
The
bill
provides
that
the
administrative
rules
coordinator
6
shall
serve
as
an
ex
officio,
nonvoting
member
of
the
ARRC.
7
The
bill
provides
that
the
delay
of
an
effective
date
8
of
a
rule
for
70
days
or
until
the
adjournment
of
the
next
9
regular
session
of
the
general
assembly,
or
the
suspension
of
10
applicability
of
a
rule
for
70
days
or
until
the
adjournment
of
11
the
next
regular
session
of
the
general
assembly,
by
the
ARRC
12
may
each
only
occur
once
per
rulemaking
document.
13
The
bill
provides
that
notice
of
the
delay
of
an
effective
14
date
or
suspension
of
applicability
of
a
rule
until
the
15
adjournment
of
the
next
regular
session
of
the
general
16
assembly
shall
be
published
in
the
Iowa
administrative
code
and
17
bulletin.
18
The
bill
modifies
terminology
relating
to
the
internet
site
19
used
to
identify
rules
for
which
a
petition
for
a
waiver
has
20
been
granted
or
denied.
21
-9-
LSB
2523XR
(2)
89
je/rn
9/
9