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Senate File 568 - IntroducedA Bill ForAn Act 1concerning the rulemaking process for executive branch
2agencies and related matters and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and
2f, Code 2023, are amended to read as follows:
3b. Correct references to rules or Code sections, or
4chapters or subunits of rules or Code sections, which are cited
5erroneously or have been repealed, amended, or renumbered.
6d. Transfer, divide, or combine rules or parts of rules
7and add or amend catchwords to rules and subrules or parts of
8rules.
9f. Update the address, telephone number, facsimile number,
10or electronic mail address, or internet site address of an
11agency, officer, or other entity.
12 Sec. 2. Section 2B.17, subsection 5, paragraph a, Code 2023,
13is amended to read as follows:
14a. The Iowa Administrative Bulletin shall be cited as the
15IAB, with references identifying the volume number which may be
16based on a fiscal year cycle, the issue number, the publication
17date, and the ARC number assigned to the rulemaking document by
18the administrative rules coordinator pursuant to section 17A.4
19or 17A.5. Subject to the legislative services agency style
20manual, the citation may also include the publication’s page
21number.
22 Sec. 3. Section 17A.2, subsection 1, Code 2023, is amended
23to read as follows:
241. “Agency” means each board, commission, department,
25officer or other administrative office or unit of the state.
26“Agency” does not mean the general assembly or any of its
27components other than the office of ombudsman, the judicial
28branch or any of its components, the office of consumer
29advocate, the governor, or a political subdivision of the
30state or its offices and units. Unless provided otherwise by
31statute, no less than two-thirds of the members eligible to
32vote of a multimember agency constitute a quorum authorized to
33act in the name of the agency.
34 Sec. 4. Section 17A.2, subsection 11, paragraph g, Code
352023, is amended to read as follows:
-1- 1g. A specification of the prices to be charged for goods or
2services sold by an agency as distinguished from a license fee,
3application fee, or other fees as described in section 17A.6C.
4 Sec. 5. Section 17A.4, subsection 1, paragraph a, Code 2023,
5is amended to read as follows:
6a. Give notice of its intended action by submitting
7the notice to the administrative rules coordinator and
8the administrative code editor. The administrative rules
9coordinator shall assign an ARC number to each rulemaking
10document. The administrative code editor shall publish each
11notice meeting the requirements of this chapter in the Iowa
12administrative bulletin created pursuant to section 2B.5A. The
13legislative services agency shall also submit a copy of the
14notice to provide the chairpersons and ranking members of the
15appropriate standing committees of the general assembly a means
16to receive an electronic copy of the notice for additional
17study. Any notice of intended action shall be published at
18least thirty-five days in advance of the action. The notice
19shall include a statement of either the terms or substance of
20the intended action or a description of the subjects and issues
21involved, and the time when, the place where, and the manner in
22which interested persons may present their views.
23 Sec. 6. Section 17A.4, subsection 8, Code 2023, is amended
24to read as follows:
258. Upon the vote of two-thirds of its members, the
26administrative rules review committee, following notice of
27intended action as provided in subsection 1 and prior to
28adoption of a rule pursuant to that notice, may suspend further
29action relating to the agency from adopting that notice for
30seventy days. Notice that adoption of a notice of intended
31action was suspended under this provision shall be published in
32the Iowa administrative code and bulletin.
33 Sec. 7. Section 17A.5, subsection 1, Code 2023, is amended
34to read as follows:
351. Each agency shall file each rule adopted by the agency
-2-1with the office of the administrative rules coordinator and
2provide an exact copy to the administrative code editor. The
3administrative rules coordinator shall assign an ARC number to
4each rulemaking document. The administrative rules coordinator
5 code editor shall keep a permanent electronic register of the
6rules open to public inspection. The administrative code
7editor shall publish each rule adopted in accordance with this
8chapter in the Iowa administrative code.
9 Sec. 8. Section 17A.6, Code 2023, is amended to read as
10follows:
1117A.6 Publications — copy of standards adopted by reference.
1201. For purposes of subsections 2 through 5, unless the
13context otherwise requires:
14a. “Adopt by reference” or “adoption by reference” means
15incorporating the text of a cited publication, or a part
16thereof, into a rule without including the text of the
17publication in the rule.
18b. “Publication” does not include the Iowa Code, Iowa Acts,
19Iowa administrative code, Iowa court rules, or uniform rules on
20agency procedure.
211. The administrative code editor shall publish the Iowa
22administrative bulletin and the Iowa administrative code as
23provided in section 2B.5A.
242. An agency which that adopts standards by reference to
25another publication shall deliver an electronic a printed copy
26of the publication, or the relevant part of the publication,
27containing the standards to the administrative code editor
28who shall publish it on the general assembly’s internet site.
29If an electronic copy of the publication is not available,
30the agency shall deliver a printed copy of the publication to
31the administrative code editor who shall deposit the copy in
32the state law library where it which shall be made make it
33 available for inspection and reference. The agency may instead
34deposit a printed copy of the publication, or the relevant part
35of the publication, in the state law library directly. This
-3-1subsection does not apply to a publication that is a federal
2statute or regulation.
33. In lieu of the procedures established in subsection 2,
4an agency may establish alternative procedures providing for
5public access to an electronic or printed copy of a publication
6containing standards adopted by reference if the publication is
7proprietary or contains proprietary information.
84. An agency that adopts standards by reference to another
9publication or a part thereof shall include as part of the
10reference a date certain, edition or amendment number, or other
11information identifying the specific version of the publication
12or the specific point in time from which the text of the
13publication can be determined. The adoption of standards by
14reference to another publication or a part thereof shall not
15include adoption of any amendment, edition, or version of the
16publication subsequent to the effective date of the adoption.
17This subsection does not apply when the adoption of amendments,
18editions, or versions of a publication subsequent to the
19effective date of the adoption is explicitly required by a
20provision of the Code or Acts.
215. An agency shall include in the preamble to each rule
22submitted pursuant to section 17A.4 or 17A.5 that adopts
23standards by reference to another publication or part thereof a
24brief explanation of the content of the publication or part.
25If such a rule updates a reference to a publication previously
26adopted by reference, the agency shall include in the preamble
27a brief explanation of any significant changes in the content
28of the publication or part.
29 Sec. 9. NEW SECTION. 17A.6C Agency fees — rules.
30The amount of a license fee, application fee, or other fee
31established by an agency, including any subsequent increase or
32decrease in the amount, shall be specified in a rule adopted by
33the agency. This section does not apply when the amount of a
34fee is specifically established or described in the Iowa Code,
35Iowa Acts, Iowa court rules, or by federal law.
-4-1 Sec. 10. Section 17A.8, subsection 1, Code 2023, is amended
2by adding the following new paragraph:
3 NEW PARAGRAPH. c. The administrative rules coordinator
4shall serve as an ex officio, nonvoting member.
5 Sec. 11. Section 17A.8, subsections 2 and 3, Code 2023, are
6amended to read as follows:
72. A committee member appointed pursuant to subsection 1,
8paragraph “a” or “b”, shall be appointed as of the convening of
9a regular session convened in an odd-numbered year. The term
10of office for a member from the house of representatives shall
11end upon the convening of the general assembly following the
12appointment. The term of office for a member from the senate
13shall end upon the convening of the general assembly after the
14general assembly following appointment. However, a member
15shall serve until a successor is appointed. A vacancy on the
16committee shall be filled by the original appointing authority
17for the remainder of the term. A vacancy shall exist whenever
18a committee member ceases to be a member of the house from
19which the member was appointed.
203. A committee member appointed pursuant to subsection 1,
21paragraph “a” or “b”, shall be paid the per diem specified in
22section 2.10, subsection 5, for each day in attendance and
23shall be reimbursed for actual and necessary expenses. There
24is appropriated from money in the general fund not otherwise
25appropriated an amount sufficient to pay costs incurred under
26this section.
27 Sec. 12. Section 17A.8, subsection 9, Code 2023, is amended
28by adding the following new paragraph:
29 NEW PARAGRAPH. c. Notice of an effective date that was
30delayed or of applicability that was suspended under this
31provision shall be published in the Iowa administrative code
32and bulletin.
33 Sec. 13. Section 17A.8, subsection 10, paragraph b, Code
342023, is amended to read as follows:
35b. Notice of an effective date that was delayed or of
-5-1applicability that was suspended under this provision shall be
2published in the Iowa administrative code and bulletin.
3 Sec. 14. EFFECTIVE DATE. This Act takes effect January 1,
42024.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill concerns the administrative rulemaking process
9for executive branch agencies under Code chapter 17A, the Iowa
10administrative procedure Act, and related matters.
11The bill allows the administrative code editor to update
12the internet site address of an agency, officer, or other
13entity when preparing the copy for an edition of the Iowa
14administrative code or Iowa administrative bulletin. The
15bill also allows the administrative code editor to correct
16references to chapters or subunits of rules or Code sections
17that are cited erroneously or have been repealed, amended, or
18renumbered, and to add or amend catchwords to parts of rules.
19The bill provides that a citation to the Iowa administrative
20bulletin may include the publication date and the ARC number of
21an adopted rulemaking document.
22The bill provides that the exclusion of the legislative
23branch from the definition of “agency” in Code chapter 17A
24includes components of the legislative branch other than the
25office of ombudsman.
26The bill strikes language requiring that an agency submit
27a copy of a notice of intended action to the chairpersons
28and ranking members of the appropriate standing committees
29of the general assembly. The bill instead requires that the
30legislative services agency provide the chairpersons and
31ranking members a means to receive an electronic copy of such
32notices.
33The bill strikes language allowing the administrative
34rules review committee (ARRC), by a vote of two-thirds of its
35members, to suspend further action relating to a notice of
-6-1intended action for 70 days. The bill instead allows the ARRC,
2by a vote of two-thirds of its members, to suspend an agency
3from adopting a notice for 70 days.
4The bill strikes language requiring the administrative rules
5coordinator to keep a permanent register of rules open to the
6public. The bill instead requires the administrative code
7editor to keep a permanent electronic register of rules open
8to the public.
9The bill strikes language requiring an agency that adopts
10standards by reference to another publication to deliver an
11electronic copy of the publication, or the relevant part of the
12publication, to the administrative code editor for publication
13on the general assembly’s internet site or to deliver a printed
14copy to the administrative code editor for deposit in the state
15law library if an electronic copy is not available. The bill
16instead requires such an agency to deliver a printed copy of
17the publication or part to the administrative code editor for
18deposit in the state law library or to deposit a copy in the
19state law library directly. This requirement does not apply to
20a publication that is a federal statute or regulation.
21The bill requires an agency that adopts standards by
22reference to another publication or a portion thereof to
23include as part of the reference a date certain, edition or
24amendment number, or other information identifying the specific
25version of the publication or the specific point in time from
26which the text of the publication can be determined. The
27adoption of standards by reference to another publication shall
28not include adoption of any amendment, edition, or version
29of the publication subsequent to the effective date of the
30adoption. These requirements do not apply when the adoption of
31amendments, editions, or versions of a publication subsequent
32to the effective date of the adoption is explicitly required by
33a provision of the Iowa Code or Iowa Acts.
34The bill requires an agency to include in the preamble to
35each noticed or adopted rule that adopts standards by reference
-7-1to another publication or portion thereof a brief explanation
2of the content of the publication or portion and, if the rule
3updates a reference to a publication previously adopted by
4reference, a brief explanation of any significant changes in
5the content of the publication.
6The bill provides that “publication”, for purposes of
7requirements of Code chapter 17A relating to adoption by
8agencies of standards by reference to other publications, does
9not include the Iowa Code, Iowa Acts, Iowa administrative code,
10Iowa court rules, or uniform rules on agency procedure.
11The bill provides that the amount of a license fee,
12application fee, or other fee established by an agency,
13including any subsequent increase or decrease in the amount,
14shall be specified in a rule adopted by the agency. This
15requirement does not apply when the amount of a fee is
16specifically established or described in the Iowa Code, Iowa
17Acts, Iowa court rules, or by federal law.
18The bill provides that the administrative rules coordinator
19shall serve as an ex officio, nonvoting member of the ARRC.
20The bill provides that notice of certain delays of an
21effective date or suspensions of applicability of a rule shall
22be published in the Iowa administrative code and bulletin.
23The bill takes effect January 1, 2024.
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2agencies and related matters and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and
2f, Code 2023, are amended to read as follows:
3b. Correct references to rules or Code sections, or
4chapters or subunits of rules or Code sections, which are cited
5erroneously or have been repealed, amended, or renumbered.
6d. Transfer, divide, or combine rules or parts of rules
7and add or amend catchwords to rules and subrules or parts of
8rules.
9f. Update the address, telephone number, facsimile number,
10or electronic mail address, or internet site address of an
11agency, officer, or other entity.
12 Sec. 2. Section 2B.17, subsection 5, paragraph a, Code 2023,
13is amended to read as follows:
14a. The Iowa Administrative Bulletin shall be cited as the
15IAB, with references identifying the volume number which may be
16based on a fiscal year cycle, the issue number, the publication
17date, and the ARC number assigned to the rulemaking document by
18the administrative rules coordinator pursuant to section 17A.4
19or 17A.5. Subject to the legislative services agency style
20manual, the citation may also include the publication’s page
21number.
22 Sec. 3. Section 17A.2, subsection 1, Code 2023, is amended
23to read as follows:
241. “Agency” means each board, commission, department,
25officer or other administrative office or unit of the state.
26“Agency” does not mean the general assembly or any of its
27components other than the office of ombudsman, the judicial
28branch or any of its components, the office of consumer
29advocate, the governor, or a political subdivision of the
30state or its offices and units. Unless provided otherwise by
31statute, no less than two-thirds of the members eligible to
32vote of a multimember agency constitute a quorum authorized to
33act in the name of the agency.
34 Sec. 4. Section 17A.2, subsection 11, paragraph g, Code
352023, is amended to read as follows:
-1- 1g. A specification of the prices to be charged for goods or
2services sold by an agency as distinguished from a license fee,
3application fee, or other fees as described in section 17A.6C.
4 Sec. 5. Section 17A.4, subsection 1, paragraph a, Code 2023,
5is amended to read as follows:
6a. Give notice of its intended action by submitting
7the notice to the administrative rules coordinator and
8the administrative code editor. The administrative rules
9coordinator shall assign an ARC number to each rulemaking
10document. The administrative code editor shall publish each
11notice meeting the requirements of this chapter in the Iowa
12administrative bulletin created pursuant to section 2B.5A. The
13legislative services agency shall also submit a copy of the
14notice to provide the chairpersons and ranking members of the
15appropriate standing committees of the general assembly a means
16to receive an electronic copy of the notice for additional
17study. Any notice of intended action shall be published at
18least thirty-five days in advance of the action. The notice
19shall include a statement of either the terms or substance of
20the intended action or a description of the subjects and issues
21involved, and the time when, the place where, and the manner in
22which interested persons may present their views.
23 Sec. 6. Section 17A.4, subsection 8, Code 2023, is amended
24to read as follows:
258. Upon the vote of two-thirds of its members, the
26administrative rules review committee, following notice of
27intended action as provided in subsection 1 and prior to
28adoption of a rule pursuant to that notice, may suspend further
29action relating to the agency from adopting that notice for
30seventy days. Notice that adoption of a notice of intended
31action was suspended under this provision shall be published in
32the Iowa administrative code and bulletin.
33 Sec. 7. Section 17A.5, subsection 1, Code 2023, is amended
34to read as follows:
351. Each agency shall file each rule adopted by the agency
-2-1with the office of the administrative rules coordinator and
2provide an exact copy to the administrative code editor. The
3administrative rules coordinator shall assign an ARC number to
4each rulemaking document. The administrative rules coordinator
5 code editor shall keep a permanent electronic register of the
6rules open to public inspection. The administrative code
7editor shall publish each rule adopted in accordance with this
8chapter in the Iowa administrative code.
9 Sec. 8. Section 17A.6, Code 2023, is amended to read as
10follows:
1117A.6 Publications — copy of standards adopted by reference.
1201. For purposes of subsections 2 through 5, unless the
13context otherwise requires:
14a. “Adopt by reference” or “adoption by reference” means
15incorporating the text of a cited publication, or a part
16thereof, into a rule without including the text of the
17publication in the rule.
18b. “Publication” does not include the Iowa Code, Iowa Acts,
19Iowa administrative code, Iowa court rules, or uniform rules on
20agency procedure.
211. The administrative code editor shall publish the Iowa
22administrative bulletin and the Iowa administrative code as
23provided in section 2B.5A.
242. An agency which that adopts standards by reference to
25another publication shall deliver an electronic a printed copy
26of the publication, or the relevant part of the publication,
27containing the standards to the administrative code editor
28who shall publish it on the general assembly’s internet site.
29If an electronic copy of the publication is not available,
30the agency shall deliver a printed copy of the publication to
31the administrative code editor who shall deposit the copy in
32the state law library where it which shall be made make it
33 available for inspection and reference. The agency may instead
34deposit a printed copy of the publication, or the relevant part
35of the publication, in the state law library directly. This
-3-1subsection does not apply to a publication that is a federal
2statute or regulation.
33. In lieu of the procedures established in subsection 2,
4an agency may establish alternative procedures providing for
5public access to an electronic or printed copy of a publication
6containing standards adopted by reference if the publication is
7proprietary or contains proprietary information.
84. An agency that adopts standards by reference to another
9publication or a part thereof shall include as part of the
10reference a date certain, edition or amendment number, or other
11information identifying the specific version of the publication
12or the specific point in time from which the text of the
13publication can be determined. The adoption of standards by
14reference to another publication or a part thereof shall not
15include adoption of any amendment, edition, or version of the
16publication subsequent to the effective date of the adoption.
17This subsection does not apply when the adoption of amendments,
18editions, or versions of a publication subsequent to the
19effective date of the adoption is explicitly required by a
20provision of the Code or Acts.
215. An agency shall include in the preamble to each rule
22submitted pursuant to section 17A.4 or 17A.5 that adopts
23standards by reference to another publication or part thereof a
24brief explanation of the content of the publication or part.
25If such a rule updates a reference to a publication previously
26adopted by reference, the agency shall include in the preamble
27a brief explanation of any significant changes in the content
28of the publication or part.
29 Sec. 9. NEW SECTION. 17A.6C Agency fees — rules.
30The amount of a license fee, application fee, or other fee
31established by an agency, including any subsequent increase or
32decrease in the amount, shall be specified in a rule adopted by
33the agency. This section does not apply when the amount of a
34fee is specifically established or described in the Iowa Code,
35Iowa Acts, Iowa court rules, or by federal law.
-4-1 Sec. 10. Section 17A.8, subsection 1, Code 2023, is amended
2by adding the following new paragraph:
3 NEW PARAGRAPH. c. The administrative rules coordinator
4shall serve as an ex officio, nonvoting member.
5 Sec. 11. Section 17A.8, subsections 2 and 3, Code 2023, are
6amended to read as follows:
72. A committee member appointed pursuant to subsection 1,
8paragraph “a” or “b”, shall be appointed as of the convening of
9a regular session convened in an odd-numbered year. The term
10of office for a member from the house of representatives shall
11end upon the convening of the general assembly following the
12appointment. The term of office for a member from the senate
13shall end upon the convening of the general assembly after the
14general assembly following appointment. However, a member
15shall serve until a successor is appointed. A vacancy on the
16committee shall be filled by the original appointing authority
17for the remainder of the term. A vacancy shall exist whenever
18a committee member ceases to be a member of the house from
19which the member was appointed.
203. A committee member appointed pursuant to subsection 1,
21paragraph “a” or “b”, shall be paid the per diem specified in
22section 2.10, subsection 5, for each day in attendance and
23shall be reimbursed for actual and necessary expenses. There
24is appropriated from money in the general fund not otherwise
25appropriated an amount sufficient to pay costs incurred under
26this section.
27 Sec. 12. Section 17A.8, subsection 9, Code 2023, is amended
28by adding the following new paragraph:
29 NEW PARAGRAPH. c. Notice of an effective date that was
30delayed or of applicability that was suspended under this
31provision shall be published in the Iowa administrative code
32and bulletin.
33 Sec. 13. Section 17A.8, subsection 10, paragraph b, Code
342023, is amended to read as follows:
35b. Notice of an effective date that was delayed or of
-5-1applicability that was suspended under this provision shall be
2published in the Iowa administrative code and bulletin.
3 Sec. 14. EFFECTIVE DATE. This Act takes effect January 1,
42024.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill concerns the administrative rulemaking process
9for executive branch agencies under Code chapter 17A, the Iowa
10administrative procedure Act, and related matters.
11The bill allows the administrative code editor to update
12the internet site address of an agency, officer, or other
13entity when preparing the copy for an edition of the Iowa
14administrative code or Iowa administrative bulletin. The
15bill also allows the administrative code editor to correct
16references to chapters or subunits of rules or Code sections
17that are cited erroneously or have been repealed, amended, or
18renumbered, and to add or amend catchwords to parts of rules.
19The bill provides that a citation to the Iowa administrative
20bulletin may include the publication date and the ARC number of
21an adopted rulemaking document.
22The bill provides that the exclusion of the legislative
23branch from the definition of “agency” in Code chapter 17A
24includes components of the legislative branch other than the
25office of ombudsman.
26The bill strikes language requiring that an agency submit
27a copy of a notice of intended action to the chairpersons
28and ranking members of the appropriate standing committees
29of the general assembly. The bill instead requires that the
30legislative services agency provide the chairpersons and
31ranking members a means to receive an electronic copy of such
32notices.
33The bill strikes language allowing the administrative
34rules review committee (ARRC), by a vote of two-thirds of its
35members, to suspend further action relating to a notice of
-6-1intended action for 70 days. The bill instead allows the ARRC,
2by a vote of two-thirds of its members, to suspend an agency
3from adopting a notice for 70 days.
4The bill strikes language requiring the administrative rules
5coordinator to keep a permanent register of rules open to the
6public. The bill instead requires the administrative code
7editor to keep a permanent electronic register of rules open
8to the public.
9The bill strikes language requiring an agency that adopts
10standards by reference to another publication to deliver an
11electronic copy of the publication, or the relevant part of the
12publication, to the administrative code editor for publication
13on the general assembly’s internet site or to deliver a printed
14copy to the administrative code editor for deposit in the state
15law library if an electronic copy is not available. The bill
16instead requires such an agency to deliver a printed copy of
17the publication or part to the administrative code editor for
18deposit in the state law library or to deposit a copy in the
19state law library directly. This requirement does not apply to
20a publication that is a federal statute or regulation.
21The bill requires an agency that adopts standards by
22reference to another publication or a portion thereof to
23include as part of the reference a date certain, edition or
24amendment number, or other information identifying the specific
25version of the publication or the specific point in time from
26which the text of the publication can be determined. The
27adoption of standards by reference to another publication shall
28not include adoption of any amendment, edition, or version
29of the publication subsequent to the effective date of the
30adoption. These requirements do not apply when the adoption of
31amendments, editions, or versions of a publication subsequent
32to the effective date of the adoption is explicitly required by
33a provision of the Iowa Code or Iowa Acts.
34The bill requires an agency to include in the preamble to
35each noticed or adopted rule that adopts standards by reference
-7-1to another publication or portion thereof a brief explanation
2of the content of the publication or portion and, if the rule
3updates a reference to a publication previously adopted by
4reference, a brief explanation of any significant changes in
5the content of the publication.
6The bill provides that “publication”, for purposes of
7requirements of Code chapter 17A relating to adoption by
8agencies of standards by reference to other publications, does
9not include the Iowa Code, Iowa Acts, Iowa administrative code,
10Iowa court rules, or uniform rules on agency procedure.
11The bill provides that the amount of a license fee,
12application fee, or other fee established by an agency,
13including any subsequent increase or decrease in the amount,
14shall be specified in a rule adopted by the agency. This
15requirement does not apply when the amount of a fee is
16specifically established or described in the Iowa Code, Iowa
17Acts, Iowa court rules, or by federal law.
18The bill provides that the administrative rules coordinator
19shall serve as an ex officio, nonvoting member of the ARRC.
20The bill provides that notice of certain delays of an
21effective date or suspensions of applicability of a rule shall
22be published in the Iowa administrative code and bulletin.
23The bill takes effect January 1, 2024.
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