Senate File 568 - Introduced SENATE FILE 568 BY ADMINISTRATIVE RULES REVIEW COMMITTEE (SUCCESSOR TO SSB 1101) (COMPANION TO HF 688 BY ADMINISTRATIVE RULES REVIEW COMMITTEE) A BILL FOR An Act concerning the rulemaking process for executive branch 1 agencies and related matters and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1421SV (1) 90 je/rn
S.F. 568 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and 1 f, Code 2023, are amended to read as follows: 2 b. Correct references to rules or Code sections , or 3 chapters or subunits of rules or Code sections, which are cited 4 erroneously or have been repealed, amended, or renumbered. 5 d. Transfer, divide, or combine rules or parts of rules 6 and add or amend catchwords to rules and subrules or parts of 7 rules . 8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 2023, 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 17A.5 . Subject to the legislative services agency style 19 manual, the citation may also include the publication’s page 20 number. 21 Sec. 3. Section 17A.2, subsection 1, Code 2023, 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, paragraph g, Code 34 2023, is amended to read as follows: 35 -1- LSB 1421SV (1) 90 je/rn 1/ 8
S.F. 568 g. A specification of the prices to be charged for goods or 1 services sold by an agency as distinguished from a license fee, 2 application fee, or other fees as described in section 17A.6C . 3 Sec. 5. Section 17A.4, subsection 1, paragraph a, Code 2023, 4 is amended to read as follows: 5 a. Give notice of its intended action by submitting 6 the notice to the administrative rules coordinator and 7 the administrative code editor. The administrative rules 8 coordinator shall assign an ARC number to each rulemaking 9 document. The administrative code editor shall publish each 10 notice meeting the requirements of this chapter in the Iowa 11 administrative bulletin created pursuant to section 2B.5A . The 12 legislative services agency shall also submit a copy of the 13 notice to provide the chairpersons and ranking members of the 14 appropriate standing committees of the general assembly a means 15 to receive an electronic copy of the notice for additional 16 study. Any notice of intended action shall be published at 17 least thirty-five days in advance of the action. The notice 18 shall include a statement of either the terms or substance of 19 the intended action or a description of the subjects and issues 20 involved, and the time when, the place where, and the manner in 21 which interested persons may present their views. 22 Sec. 6. Section 17A.4, subsection 8, Code 2023, is amended 23 to read as follows: 24 8. Upon the vote of two-thirds of its members, the 25 administrative rules review committee, following notice of 26 intended action as provided in subsection 1 and prior to 27 adoption of a rule pursuant to that notice, may suspend further 28 action relating to the agency from adopting that notice for 29 seventy days. Notice that adoption of a notice of intended 30 action was suspended under this provision shall be published in 31 the Iowa administrative code and bulletin. 32 Sec. 7. Section 17A.5, subsection 1, Code 2023, is amended 33 to read as follows: 34 1. Each agency shall file each rule adopted by the agency 35 -2- LSB 1421SV (1) 90 je/rn 2/ 8
S.F. 568 with the office of the administrative rules coordinator and 1 provide an exact copy to the administrative code editor. The 2 administrative rules coordinator shall assign an ARC number to 3 each rulemaking document. The administrative rules coordinator 4 code editor shall keep a permanent electronic register of the 5 rules open to public inspection. The administrative code 6 editor shall publish each rule adopted in accordance with this 7 chapter in the Iowa administrative code. 8 Sec. 8. Section 17A.6, Code 2023, is amended to read as 9 follows: 10 17A.6 Publications —— copy of standards adopted by reference. 11 01. For purposes of subsections 2 through 5, unless the 12 context otherwise requires: 13 a. “Adopt by reference” or “adoption by reference” means 14 incorporating the text of a cited publication, or a part 15 thereof, into a rule without including the text of the 16 publication in the rule. 17 b. “Publication” does not include the Iowa Code, Iowa Acts, 18 Iowa administrative code, Iowa court rules, or uniform rules on 19 agency procedure. 20 1. The administrative code editor shall publish the Iowa 21 administrative bulletin and the Iowa administrative code as 22 provided in section 2B.5A . 23 2. An agency which that adopts standards by reference to 24 another publication shall deliver an electronic a printed copy 25 of the publication, or the relevant part of the publication, 26 containing the standards to the administrative code editor 27 who shall publish it on the general assembly’s internet site. 28 If an electronic copy of the publication is not available, 29 the agency shall deliver a printed copy of the publication to 30 the administrative code editor who shall deposit the copy in 31 the state law library where it which shall be made make it 32 available for inspection and reference. The agency may instead 33 deposit a printed copy of the publication, or the relevant part 34 of the publication, in the state law library directly. This 35 -3- LSB 1421SV (1) 90 je/rn 3/ 8
S.F. 568 subsection does not apply to a publication that is a federal 1 statute or regulation. 2 3. In lieu of the procedures established in subsection 2 , 3 an agency may establish alternative procedures providing for 4 public access to an electronic or printed copy of a publication 5 containing standards adopted by reference if the publication is 6 proprietary or contains proprietary information. 7 4. An agency that adopts standards by reference to another 8 publication or a part thereof shall include as part of the 9 reference a date certain, edition or amendment number, or other 10 information identifying the specific version of the publication 11 or the specific point in time from which the text of the 12 publication can be determined. The adoption of standards by 13 reference to another publication or a part thereof shall not 14 include adoption of any amendment, edition, or version of the 15 publication subsequent to the effective date of the adoption. 16 This subsection does not apply when the adoption of amendments, 17 editions, or versions of a publication subsequent to the 18 effective date of the adoption is explicitly required by a 19 provision of the Code or Acts. 20 5. An agency shall include in the preamble to each rule 21 submitted pursuant to section 17A.4 or 17A.5 that adopts 22 standards by reference to another publication or part thereof a 23 brief explanation of the content of the publication or part. 24 If such a rule updates a reference to a publication previously 25 adopted by reference, the agency shall include in the preamble 26 a brief explanation of any significant changes in the content 27 of the publication or part. 28 Sec. 9. NEW SECTION . 17A.6C Agency fees —— rules. 29 The amount of a license fee, application fee, or other fee 30 established by an agency, including any subsequent increase or 31 decrease in the amount, shall be specified in a rule adopted by 32 the agency. This section does not apply when the amount of a 33 fee is specifically established or described in the Iowa Code, 34 Iowa Acts, Iowa court rules, or by federal law. 35 -4- LSB 1421SV (1) 90 je/rn 4/ 8
S.F. 568 Sec. 10. Section 17A.8, subsection 1, Code 2023, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . c. The administrative rules coordinator 3 shall serve as an ex officio, nonvoting member. 4 Sec. 11. Section 17A.8, subsections 2 and 3, Code 2023, are 5 amended to read as follows: 6 2. A committee member appointed pursuant to subsection 1, 7 paragraph “a” or “b” , shall be appointed as of the convening of 8 a regular session convened in an odd-numbered year. The term 9 of office for a member from the house of representatives shall 10 end upon the convening of the general assembly following the 11 appointment. The term of office for a member from the senate 12 shall end upon the convening of the general assembly after the 13 general assembly following appointment. However, a member 14 shall serve until a successor is appointed. A vacancy on the 15 committee shall be filled by the original appointing authority 16 for the remainder of the term. A vacancy shall exist whenever 17 a committee member ceases to be a member of the house from 18 which the member was appointed. 19 3. A committee member appointed pursuant to subsection 1, 20 paragraph “a” or “b” , shall be paid the per diem specified in 21 section 2.10, subsection 5 , for each day in attendance and 22 shall be reimbursed for actual and necessary expenses. There 23 is appropriated from money in the general fund not otherwise 24 appropriated an amount sufficient to pay costs incurred under 25 this section . 26 Sec. 12. Section 17A.8, subsection 9, Code 2023, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . c. Notice of an effective date that was 29 delayed or of applicability that was suspended under this 30 provision shall be published in the Iowa administrative code 31 and bulletin. 32 Sec. 13. Section 17A.8, subsection 10, paragraph b, Code 33 2023, is amended to read as follows: 34 b. Notice of an effective date that was delayed or of 35 -5- LSB 1421SV (1) 90 je/rn 5/ 8
S.F. 568 applicability that was suspended under this provision shall be 1 published in the Iowa administrative code and bulletin. 2 Sec. 14. EFFECTIVE DATE. This Act takes effect January 1, 3 2024. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill concerns the administrative rulemaking process 8 for executive branch agencies under Code chapter 17A, the Iowa 9 administrative procedure Act, and related matters. 10 The bill allows the administrative code editor to update 11 the internet site address of an agency, officer, or other 12 entity when preparing the copy for an edition of the Iowa 13 administrative code or Iowa administrative bulletin. The 14 bill also allows the administrative code editor to correct 15 references to chapters or subunits of rules or Code sections 16 that are cited erroneously or have been repealed, amended, or 17 renumbered, and to add or amend catchwords to parts of rules. 18 The bill provides that a citation to the Iowa administrative 19 bulletin may include the publication date and the ARC number of 20 an adopted rulemaking document. 21 The bill provides that the exclusion of the legislative 22 branch from the definition of “agency” in Code chapter 17A 23 includes components of the legislative branch other than the 24 office of ombudsman. 25 The bill strikes language requiring that an agency submit 26 a copy of a notice of intended action to the chairpersons 27 and ranking members of the appropriate standing committees 28 of the general assembly. The bill instead requires that the 29 legislative services agency provide the chairpersons and 30 ranking members a means to receive an electronic copy of such 31 notices. 32 The bill strikes language allowing the administrative 33 rules review committee (ARRC), by a vote of two-thirds of its 34 members, to suspend further action relating to a notice of 35 -6- LSB 1421SV (1) 90 je/rn 6/ 8
S.F. 568 intended action for 70 days. The bill instead allows the ARRC, 1 by a vote of two-thirds of its members, to suspend an agency 2 from adopting a notice for 70 days. 3 The bill strikes language requiring the administrative rules 4 coordinator to keep a permanent register of rules open to the 5 public. The bill instead requires the administrative code 6 editor to keep a permanent electronic register of rules open 7 to the public. 8 The bill strikes language requiring an agency that adopts 9 standards by reference to another publication to deliver an 10 electronic copy of the publication, or the relevant part of the 11 publication, to the administrative code editor for publication 12 on the general assembly’s internet site or to deliver a printed 13 copy to the administrative code editor for deposit in the state 14 law library if an electronic copy is not available. The bill 15 instead requires such an agency to deliver a printed copy of 16 the publication or part to the administrative code editor for 17 deposit in the state law library or to deposit a copy in the 18 state law library directly. This requirement does not apply to 19 a publication that is a federal statute or regulation. 20 The bill requires an agency that adopts standards by 21 reference to another publication or a portion thereof to 22 include as part of the reference a date certain, edition or 23 amendment number, or other information identifying the specific 24 version of the publication or the specific point in time from 25 which the text of the publication can be determined. The 26 adoption of standards by reference to another publication shall 27 not include adoption of any amendment, edition, or version 28 of the publication subsequent to the effective date of the 29 adoption. These requirements do not apply when the adoption of 30 amendments, editions, or versions of a publication subsequent 31 to the effective date of the adoption is explicitly required by 32 a provision of the Iowa Code or Iowa Acts. 33 The bill requires an agency to include in the preamble to 34 each noticed or adopted rule that adopts standards by reference 35 -7- LSB 1421SV (1) 90 je/rn 7/ 8
S.F. 568 to another publication or portion thereof a brief explanation 1 of the content of the publication or portion and, if the rule 2 updates a reference to a publication previously adopted by 3 reference, a brief explanation of any significant changes in 4 the content of the publication. 5 The bill provides that “publication”, for purposes of 6 requirements of Code chapter 17A relating to adoption by 7 agencies of standards by reference to other publications, does 8 not include the Iowa Code, Iowa Acts, Iowa administrative code, 9 Iowa court rules, or uniform rules on agency procedure. 10 The bill provides that the amount of a license fee, 11 application fee, or other fee established by an agency, 12 including any subsequent increase or decrease in the amount, 13 shall be specified in a rule adopted by the agency. This 14 requirement does not apply when the amount of a fee is 15 specifically established or described in the Iowa Code, Iowa 16 Acts, Iowa court rules, or by federal law. 17 The bill provides that the administrative rules coordinator 18 shall serve as an ex officio, nonvoting member of the ARRC. 19 The bill provides that notice of certain delays of an 20 effective date or suspensions of applicability of a rule shall 21 be published in the Iowa administrative code and bulletin. 22 The bill takes effect January 1, 2024. 23 -8- LSB 1421SV (1) 90 je/rn 8/ 8