House File 854 - Reprinted HOUSE FILE 854 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 809) (SUCCESSOR TO HSB 264) (As Amended and Passed by the House April 6, 2021 ) 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 HF 854 (2) 89 je/rn/md

H.F. 854 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. (1) If an agency submits written notification to the 9 administrative rules review committee pursuant to subsection 10 9, paragraph “a” , subparagraph (2), for a provision of an Act 11 of the general assembly that expressly requires rulemaking by 12 the agency, the committee may, by a majority vote, reject the 13 notification. 14 (2) The committee may, by a majority vote, find that an 15 agency did not make a timely submission for a provision of an 16 Act of the general assembly that expressly requires rulemaking 17 by the agency as required pursuant to subsection 9, paragraph 18 “a” . 19 c. If the administrative rules review committee rejects a 20 written notification for a provision of an Act of the general 21 assembly that expressly requires rulemaking by an agency, or 22 if the committee finds that an agency did not make a timely 23 submission for a provision of an Act of the general assembly 24 that expressly requires rulemaking by the agency as required 25 pursuant to subsection 9, paragraph “a” , the committee may, 26 by a majority vote, impose a delinquency fee on the agency of 27 one thousand dollars per Act. The committee shall provide a 28 representative of the agency an opportunity to address the 29 committee concerning the rejection or lack of submission before 30 imposing such a fee. The committee shall notify the agency in 31 writing of the amount of the fee and the Acts of the general 32 assembly for which the fee was imposed. 33 d. No later than fourteen calendar days after receiving 34 written notice of a delinquency fee pursuant to paragraph “c” , 35 -1- HF 854 (2) 89 je/rn/md 1/ 2

H.F. 854 an agency shall do one of the following: 1 (1) Remit the amount of such fee to the treasurer of 2 state who shall deposit the moneys in the general fund of 3 the state and provide written notification to the committee 4 that the remittance was paid. The agency shall only pay such 5 remittance from funds available for support, maintenance, or 6 other administrative costs of the agency. The agency shall not 7 pay such remittance from funds allocated for any program or 8 nonadministrative duty or function of the agency. 9 (2) Submit a notice of intended action to the administrative 10 rules coordinator and the administrative code editor pursuant 11 to subsection 1 for the required rulemaking and provide written 12 notification to the committee that the submission was made. 13 e. If the committee has not received written notification 14 from an agency that either of the actions required pursuant 15 to paragraph “d” were carried out within the period provided 16 in paragraph “d” , the committee shall provide a written 17 notification to the department of management. The department 18 shall then transfer the amount of unpaid delinquency fees 19 due from any funds available to the agency for support, 20 maintenance, or other administrative costs to the general fund. 21 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 22 importance, takes effect upon enactment. 23 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 24 retroactively to any provision of an Act enacted on or after 25 January 11, 2021. 26 -2- HF 854 (2) 89 je/rn/md 2/ 2