HSB 81 (LSB 1421YR (6) 90)

HOUSE FILE _____ 

BY  ADMINISTRATIVE RULES REVIEW COMMITTEE

A BILL FOR

An Act concerning the rulemaking process for executive branch agencies and related matters and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 2B.13, subsection 2, paragraphs b, d, and f, Code 2023, are amended to read as follows:
   b.  Correct references to rules or Code sections, or chapters or subunits of rules or Code sections, which are cited erroneously or have been repealed, amended, or renumbered.
   d.  Transfer, divide, or combine rules or parts of rules and add or amend catchwords to rules and subrules or parts of rules.
   f.  Update the address, telephone number, facsimile number, or electronic mail address, or internet site address of an agency, officer, or other entity.
    Sec. 2.  Section 2B.17, subsection 5, paragraph a, Code 2023, is amended to read as follows:
   a.  The Iowa Administrative Bulletin shall be cited as the IAB, with references identifying the volume number which may be based on a fiscal year cycle, the issue number, the publication date, and the ARC number assigned to the rulemaking document by the administrative rules coordinator pursuant to section 17A.4 or 17A.5. Subject to the legislative services agency style manual, the citation may also include the publication’s page number.
    Sec. 3.  Section 17A.2, subsection 1, Code 2023, is amended to read as follows:
   1.  “Agency” means each board, commission, department, officer or other administrative office or unit of the state. “Agency” does not mean the general assembly or any of its components other than the office of ombudsman, the judicial branch or any of its components, the office of consumer advocate, the governor, or a political subdivision of the state or its offices and units. Unless provided otherwise by statute, no less than two-thirds of the members eligible to vote of a multimember agency constitute a quorum authorized to act in the name of the agency.
    Sec. 4.  Section 17A.2, subsection 11, paragraph g, Code 2023, is amended to read as follows:
   g.  A specification of the prices to be charged for goods or services sold by an agency as distinguished from a license fee, application fee, or other fees as described in section 17A.6C.
    Sec. 5.  Section 17A.4, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  Give notice of its intended action by submitting the notice to the administrative rules coordinator and the administrative code editor. The administrative rules coordinator shall assign an ARC number to each rulemaking document. The administrative code editor shall publish each notice meeting the requirements of this chapter in the Iowa administrative bulletin created pursuant to section 2B.5A. The legislative services agency shall also submit a copy of the notice to provide the chairpersons and ranking members of the appropriate standing committees of the general assembly a means to receive an electronic copy of the notice for additional study. Any notice of intended action shall be published at least thirty-five days in advance of the action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the time when, the place where, and the manner in which interested persons may present their views.
    Sec. 6.  Section 17A.4, subsection 8, Code 2023, is amended to read as follows:
   8.  Upon the vote of two-thirds of its members, the administrative rules review committee, following notice of intended action as provided in subsection 1 and prior to adoption of a rule pursuant to that notice, may suspend further action relating to the agency from adopting that notice for seventy days. Notice that adoption of a notice of intended action was suspended under this provision shall be published in the Iowa administrative code and bulletin.
    Sec. 7.  Section 17A.5, subsection 1, Code 2023, is amended to read as follows:
   1.  Each agency shall file each rule adopted by the agency with the office of the administrative rules coordinator and provide an exact copy to the administrative code editor. The administrative rules coordinator shall assign an ARC number to each rulemaking document. The administrative rules coordinator code editor shall keep a permanent electronic register of the rules open to public inspection. The administrative code editor shall publish each rule adopted in accordance with this chapter in the Iowa administrative code.
    Sec. 8.  Section 17A.6, Code 2023, is amended to read as follows:
   17A.6  Publications —— copy of standards adopted by reference.
   01.  For purposes of subsections 2 through 5, unless the context otherwise requires:
   a.  “Adopt by reference” or “adoption by reference” means incorporating the text of a cited publication, or a part thereof, into a rule without including the text of the publication in the rule.
   b.  “Publication” does not include the Iowa Code, Iowa Acts, Iowa administrative code, Iowa court rules, or uniform rules on agency procedure.
   1.  The administrative code editor shall publish the Iowa administrative bulletin and the Iowa administrative code as provided in section 2B.5A.
   2.  An agency which that adopts standards by reference to another publication shall deliver an electronic a printed copy of the publication, or the relevant part of the publication, containing the standards to the administrative code editor who shall publish it on the general assembly’s internet site. If an electronic copy of the publication is not available, the agency shall deliver a printed copy of the publication to the administrative code editor who shall deposit the copy in the state law library where it which shall be made make it available for inspection and reference.  The agency may instead deposit a printed copy of the publication, or the relevant part of the publication, in the state law library directly. This subsection does not apply to a publication that is a federal statute or regulation.
   3.  In lieu of the procedures established in subsection 2, an agency may establish alternative procedures providing for public access to an electronic or printed copy of a publication containing standards adopted by reference if the publication is proprietary or contains proprietary information.
   4.  An agency that adopts standards by reference to another publication or a part thereof shall include as part of the reference a date certain, edition or amendment number, or other information identifying the specific version of the publication or the specific point in time from which the text of the publication can be determined. The adoption of standards by reference to another publication or a part thereof shall not include adoption of any amendment, edition, or version of the publication subsequent to the effective date of the adoption. This subsection does not apply when the adoption of amendments, editions, or versions of a publication subsequent to the effective date of the adoption is explicitly required by a provision of the Code or Acts.
   5.  An agency shall include in the preamble to each rule submitted pursuant to section 17A.4 or 17A.5 that adopts standards by reference to another publication or part thereof a brief explanation of the content of the publication or part. If such a rule updates a reference to a publication previously adopted by reference, the agency shall include in the preamble a brief explanation of any significant changes in the content of the publication or part.
    Sec. 9.  NEW SECTION.  17A.6C  Agency fees —— rules.
   The amount of a license fee, application fee, or other fee established by an agency, including any subsequent increase or decrease in the amount, shall be specified in a rule adopted by the agency. This section does not apply when the amount of a fee is specifically established or described in the Iowa Code, Iowa Acts, Iowa court rules, or by federal law.
    Sec. 10.  Section 17A.8, subsection 1, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The administrative rules coordinator shall serve as an ex officio, nonvoting member.
    Sec. 11.  Section 17A.8, subsections 2 and 3, Code 2023, are amended to read as follows:
   2.  A committee member appointed pursuant to subsection 1, paragraph “a” or “b”, shall be appointed as of the convening of a regular session convened in an odd-numbered year. The term of office for a member from the house of representatives shall end upon the convening of the general assembly following the appointment. The term of office for a member from the senate shall end upon the convening of the general assembly after the general assembly following appointment. However, a member shall serve until a successor is appointed. A vacancy on the committee shall be filled by the original appointing authority for the remainder of the term. A vacancy shall exist whenever a committee member ceases to be a member of the house from which the member was appointed.
   3.  A committee member appointed pursuant to subsection 1, paragraph “a” or “b”, shall be paid the per diem specified in section 2.10, subsection 5, for each day in attendance and shall be reimbursed for actual and necessary expenses. There is appropriated from money in the general fund not otherwise appropriated an amount sufficient to pay costs incurred under this section.
    Sec. 12.  Section 17A.8, subsection 9, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Notice of an effective date that was delayed or of applicability that was suspended under this provision shall be published in the Iowa administrative code and bulletin.
    Sec. 13.  Section 17A.8, subsection 10, paragraph b, Code 2023, is amended to read as follows:
   b.  Notice of an effective date that was delayed or of applicability that was suspended under this provision shall be published in the Iowa administrative code and bulletin.
    Sec. 14.  EFFECTIVE DATE.  This Act takes effect January 1, 2024.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns the administrative rulemaking process for executive branch agencies under Code chapter 17A, the Iowa administrative procedure Act, and related matters.
   The bill allows the administrative code editor to update the internet site address of an agency, officer, or other entity when preparing the copy for an edition of the Iowa administrative code or Iowa administrative bulletin. The bill also allows the administrative code editor to correct references to chapters or subunits of rules or Code sections that are cited erroneously or have been repealed, amended, or renumbered, and to add or amend catchwords to parts of rules.
   The bill provides that a citation to the Iowa administrative bulletin may include the publication date and the ARC number of an adopted rulemaking document.
   The bill provides that the exclusion of the legislative branch from the definition of “agency” in Code chapter 17A includes components of the legislative branch other than the office of ombudsman.
   The bill strikes language requiring that an agency submit a copy of a notice of intended action to the chairpersons and ranking members of the appropriate standing committees of the general assembly. The bill instead requires that the legislative services agency provide the chairpersons and ranking members a means to receive an electronic copy of such notices.
   The bill strikes language allowing the administrative rules review committee (ARRC), by a vote of two-thirds of its members, to suspend further action relating to a notice of intended action for 70 days. The bill instead allows the ARRC, by a vote of two-thirds of its members, to suspend an agency from adopting a notice for 70 days.
   The bill strikes language requiring the administrative rules coordinator to keep a permanent register of rules open to the public. The bill instead requires the administrative code editor to keep a permanent electronic register of rules open to the public.
   The bill strikes language requiring an agency that adopts standards by reference to another publication to deliver an electronic copy of the publication, or the relevant part of the publication, to the administrative code editor for publication on the general assembly’s internet site or to deliver a printed copy to the administrative code editor for deposit in the state law library if an electronic copy is not available. The bill instead requires such an agency to deliver a printed copy of the publication or part to the administrative code editor for deposit in the state law library or to deposit a copy in the state law library directly. This requirement does not apply to a publication that is a federal statute or regulation.
   The bill requires an agency that adopts standards by reference to another publication or a portion thereof to include as part of the reference a date certain, edition or amendment number, or other information identifying the specific version of the publication or the specific point in time from which the text of the publication can be determined. The adoption of standards by reference to another publication shall not include adoption of any amendment, edition, or version of the publication subsequent to the effective date of the adoption. These requirements do not apply when the adoption of amendments, editions, or versions of a publication subsequent to the effective date of the adoption is explicitly required by a provision of the Iowa Code or Iowa Acts.
   The bill requires an agency to include in the preamble to each noticed or adopted rule that adopts standards by reference to another publication or portion thereof a brief explanation of the content of the publication or portion and, if the rule updates a reference to a publication previously adopted by reference, a brief explanation of any significant changes in the content of the publication.
   The bill provides that “publication”, for purposes of requirements of Code chapter 17A relating to adoption by agencies of standards by reference to other publications, does not include the Iowa Code, Iowa Acts, Iowa administrative code, Iowa court rules, or uniform rules on agency procedure.
   The bill provides that the amount of a license fee, application fee, or other fee established by an agency, including any subsequent increase or decrease in the amount, shall be specified in a rule adopted by the agency. This requirement does not apply when the amount of a fee is specifically established or described in the Iowa Code, Iowa Acts, Iowa court rules, or by federal law.
   The bill provides that the administrative rules coordinator shall serve as an ex officio, nonvoting member of the ARRC.
   The bill provides that notice of certain delays of an effective date or suspensions of applicability of a rule shall be published in the Iowa administrative code and bulletin.
   The bill takes effect January 1, 2024.