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House File 688 - ReprintedA Bill ForAn Act 1concerning the state rulemaking process, related matters
2pertaining to agency functions, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Rulemaking procedures and related matters
3 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and
4f, Code 2023, are amended to read as follows:
5b. Correct references to rules or Code sections, or
6chapters or subunits of rules or Code sections, which are cited
7erroneously or have been repealed, amended, or renumbered.
8d. Transfer, divide, or combine rules or parts of rules
9and add or amend catchwords to rules and subrules or parts of
10rules.
11f. Update the address, telephone number, facsimile number,
12or electronic mail address, or internet site address of an
13agency, officer, or other entity.
14 Sec. 2. Section 2B.17, subsection 5, paragraph a, Code 2023,
15is amended to read as follows:
16a. The Iowa Administrative Bulletin shall be cited as the
17IAB, with references identifying the volume number which may be
18based on a fiscal year cycle, the issue number, the publication
19date, and the ARC number assigned to the rulemaking document by
20the administrative rules coordinator pursuant to section 17A.4
21or 17A.5. Subject to the legislative services agency style
22manual, the citation may also include the publication’s page
23number.
24 Sec. 3. Section 17A.2, subsection 1, Code 2023, is amended
25to read as follows:
261. “Agency” means each board, commission, department,
27officer or other administrative office or unit of the state.
28“Agency” does not mean the general assembly or any of its
29components, the judicial branch or any of its components, the
30office of consumer advocate, the governor, or a political
31subdivision of the state or its offices and units. Unless
32provided otherwise by statute, no less than two-thirds of the
33members eligible to vote of a multimember agency constitute a
34quorum authorized to act in the name of the agency.
35 Sec. 4. Section 17A.2, subsection 11, paragraph g, Code
-1-12023, is amended to read as follows:
2g. A specification of the prices to be charged for goods or
3services sold by an agency as distinguished from a license fee,
4application fee, or other fees as described in section 17A.6C.
5 Sec. 5. Section 17A.4, subsection 1, paragraph a, Code 2023,
6is amended to read as follows:
7a. Give notice of its intended action by submitting
8the notice to the administrative rules coordinator and
9the administrative code editor. The administrative rules
10coordinator shall assign an ARC number to each rulemaking
11document. The administrative code editor shall publish each
12notice meeting the requirements of this chapter in the Iowa
13administrative bulletin created pursuant to section 2B.5A. The
14legislative services agency shall also submit a copy of the
15notice to provide the chairpersons and ranking members of the
16appropriate standing committees of the general assembly a means
17to receive an electronic copy of the notice for additional
18study. Any notice of intended action shall be published at
19least thirty-five days in advance of the action. The notice
20shall include a statement of either the terms or substance of
21the intended action or a description of the subjects and issues
22involved, and the time when, the place where, and the manner in
23which interested persons may present their views.
24 Sec. 6. Section 17A.4, subsection 8, Code 2023, is amended
25to read as follows:
268. Upon the vote of two-thirds of its members, the
27administrative rules review committee, following notice of
28intended action as provided in subsection 1 and prior to
29adoption of a rule pursuant to that notice, may suspend further
30action relating to the agency from adopting that notice for
31seventy days. Notice that adoption of a notice of intended
32action was suspended under this provision shall be published in
33the Iowa administrative code and bulletin.
34 Sec. 7. Section 17A.5, subsection 1, Code 2023, is amended
35to read as follows:
-2- 11. Each agency shall file each rule adopted by the agency
2with the office of the administrative rules coordinator and
3provide an exact copy to the administrative code editor. The
4administrative rules coordinator shall assign an ARC number to
5each rulemaking document. The administrative rules coordinator
6 code editor shall keep a permanent electronic register of the
7rules open to public inspection. The administrative code
8editor shall publish each rule adopted in accordance with this
9chapter in the Iowa administrative code.
10 Sec. 8. Section 17A.6, Code 2023, is amended to read as
11follows:
1217A.6 Publications — copy of standards adopted by reference.
1301. For purposes of subsections 2 through 5, unless the
14context otherwise requires:
15a. “Adopt by reference” or “adoption by reference” means
16incorporating the text of a cited publication, or a part
17thereof, into a rule without including the text of the
18publication in the rule.
19b. “Publication” does not include the Iowa Code, Iowa Acts,
20Iowa administrative code, Iowa court rules, or uniform rules on
21agency procedure.
221. The administrative code editor shall publish the Iowa
23administrative bulletin and the Iowa administrative code as
24provided in section 2B.5A.
252. An agency which that adopts standards by reference to
26another publication shall deliver an electronic a printed copy
27of the publication, or the relevant part of the publication,
28containing the standards to the administrative code editor
29who shall publish it on the general assembly’s internet site.
30If an electronic copy of the publication is not available,
31the agency shall deliver a printed copy of the publication to
32the administrative code editor who shall deposit the copy in
33the state law library where it which shall be made make it
34 available for inspection and reference. The agency may instead
35deposit a printed copy of the publication, or the relevant part
-3-1of the publication, in the state law library directly. This
2subsection does not apply to a publication that is a federal
3statute or regulation.
43. In lieu of the procedures established in subsection 2,
5an agency may establish alternative procedures providing for
6public access to an electronic or printed copy of a publication
7containing standards adopted by reference if the publication is
8proprietary or contains proprietary information.
94. An agency that adopts standards by reference to another
10publication or a part thereof shall include as part of the
11reference a date certain, edition or amendment number, or other
12information identifying the specific version of the publication
13or the specific point in time from which the text of the
14publication can be determined. The adoption of standards by
15reference to another publication or a part thereof shall not
16include adoption of any amendment, edition, or version of the
17publication subsequent to the effective date of the adoption.
185. An agency shall include in the preamble to each rule
19submitted pursuant to section 17A.4 or 17A.5 that adopts
20standards by reference to another publication or part thereof a
21brief explanation of the content of the publication or part.
22If such a rule updates a reference to a publication previously
23adopted by reference, the agency shall include in the preamble
24a brief explanation of any significant changes in the content
25of the publication or part.
26 Sec. 9. NEW SECTION. 17A.6C Agency fees — rules.
27When an agency establishes the amount of a license fee,
28application fee, or other fee, including any subsequent
29increase or decrease in the amount, the amount shall be
30specified in a notice of intended action and a rule adopted
31by the agency. This section does not apply when the amount
32of a fee is specifically established or described in the Iowa
33Code, Iowa Acts, or Iowa court rules, or by federal law. This
34section shall not be construed to authorize an agency to
35establish a fee without statutory authority.
-4-1 Sec. 10. Section 17A.8, subsection 9, Code 2023, is amended
2by adding the following new paragraph:
3 NEW PARAGRAPH. c. Notice of an effective date that was
4delayed or of applicability that was suspended under this
5provision shall be published in the Iowa administrative code
6and bulletin.
7 Sec. 11. Section 17A.8, subsection 10, paragraph b, Code
82023, is amended to read as follows:
9b. Notice of an effective date that was delayed or of
10applicability that was suspended under this provision shall be
11published in the Iowa administrative code and bulletin.
12 Sec. 12. Section 256.54, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. Maintain, as an integral part of the law library,
15reports of various boards and agencies, copies of bills,
16journals, other information relating to current or proposed
17legislation, and copies of the Iowa administrative bulletin
18and Iowa administrative code and, consistent with section
1917A.6, subsection 2, copies of any publications incorporated by
20reference in the bulletin or code.
21 Sec. 13. NEW SECTION. 505.35 Adoption of standards by
22reference — rules.
23Rules adopted by the commissioner pursuant to chapter 17A
24that adopt a standard by reference to another publication or
25portion thereof are exempt from the requirements of section
2617A.6, subsection 4, with respect to the following:
271. Professional standards of practice and membership
28requirements established by the actuarial standards board,
29the American academy of actuaries, the American institute of
30certified public accountants, or their successor organizations.
312. The following publications of the national association
32of insurance commissioners:
33a. Valuation manual used to establish principle-based
34reserves for the life insurance industry.
35b. Accounting practices and procedures manual.
-5- 1c. Financial examiners handbook.
2d. Financial analysis handbook.
3e. Annual/quarterly financial statement blank and
4instructions.
5 Sec. 14. EFFECTIVE DATE. This division of this Act takes
6effect January 1, 2024.
7DIVISION II
8Agency statutes and rules
9 Sec. 15. Section 7E.7, subsection 2, Code 2023, is amended
10by striking the subsection.
11 Sec. 16. Section 12.28, subsection 1, paragraph b, Code
122023, is amended to read as follows:
13b. “State agency” means a board, commission, bureau,
14division, office, department, or branch of state government.
15However, state agency does not mean the state board of regents,
16institutions governed by the board of regents, or authorities
17created under chapter 16, 257C, or 261A.
18 Sec. 17. Section 12.30, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. “Authority” means a department, or public or quasi-public
21instrumentality of the state including but not limited to the
22authority created under chapter 12E, 16, 257C, or 261A, which
23has the power to issue obligations, except that “authority”
24does not include the state board of regents or the Iowa
25finance authority to the extent the Iowa finance authority acts
26pursuant to chapter 260C.“Authority” also includes a port
27authority created under chapter 28J.
28 Sec. 18. Section 15E.63, subsection 11, Code 2023, is
29amended to read as follows:
3011. The board shall adopt rules pursuant to chapter
3117A necessary to administer the duties of the board. The
32department of revenue may adopt rules pursuant to chapter 17A
33related to the duties of the board or this chapter.
34 Sec. 19. REPEAL. Chapter 257C, Code 2023, is repealed.
35 Sec. 20. RESCISSION OF ADMINISTRATIVE RULES.
-6- 11. The following Iowa administrative rules are rescinded as
2of July 1, 2023:
3a. 285 Iowa administrative code, chapter 1.
4b. 791 Iowa administrative code, chapter 1.
52. As soon as practicable after July 1, 2023, the Iowa
6administrative code editor shall remove the language of the
7Iowa administrative rules referenced in subsection 1 of this
8section from the Iowa administrative code.
je/rn/md
2pertaining to agency functions, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Rulemaking procedures and related matters
3 Section 1. Section 2B.13, subsection 2, paragraphs b, d, and
4f, Code 2023, are amended to read as follows:
5b. Correct references to rules or Code sections, or
6chapters or subunits of rules or Code sections, which are cited
7erroneously or have been repealed, amended, or renumbered.
8d. Transfer, divide, or combine rules or parts of rules
9and add or amend catchwords to rules and subrules or parts of
10rules.
11f. Update the address, telephone number, facsimile number,
12or electronic mail address, or internet site address of an
13agency, officer, or other entity.
14 Sec. 2. Section 2B.17, subsection 5, paragraph a, Code 2023,
15is amended to read as follows:
16a. The Iowa Administrative Bulletin shall be cited as the
17IAB, with references identifying the volume number which may be
18based on a fiscal year cycle, the issue number, the publication
19date, and the ARC number assigned to the rulemaking document by
20the administrative rules coordinator pursuant to section 17A.4
21or 17A.5. Subject to the legislative services agency style
22manual, the citation may also include the publication’s page
23number.
24 Sec. 3. Section 17A.2, subsection 1, Code 2023, is amended
25to read as follows:
261. “Agency” means each board, commission, department,
27officer or other administrative office or unit of the state.
28“Agency” does not mean the general assembly or any of its
29components, the judicial branch or any of its components, the
30office of consumer advocate, the governor, or a political
31subdivision of the state or its offices and units. Unless
32provided otherwise by statute, no less than two-thirds of the
33members eligible to vote of a multimember agency constitute a
34quorum authorized to act in the name of the agency.
35 Sec. 4. Section 17A.2, subsection 11, paragraph g, Code
-1-12023, is amended to read as follows:
2g. A specification of the prices to be charged for goods or
3services sold by an agency as distinguished from a license fee,
4application fee, or other fees as described in section 17A.6C.
5 Sec. 5. Section 17A.4, subsection 1, paragraph a, Code 2023,
6is amended to read as follows:
7a. Give notice of its intended action by submitting
8the notice to the administrative rules coordinator and
9the administrative code editor. The administrative rules
10coordinator shall assign an ARC number to each rulemaking
11document. The administrative code editor shall publish each
12notice meeting the requirements of this chapter in the Iowa
13administrative bulletin created pursuant to section 2B.5A. The
14legislative services agency shall also submit a copy of the
15notice to provide the chairpersons and ranking members of the
16appropriate standing committees of the general assembly a means
17to receive an electronic copy of the notice for additional
18study. Any notice of intended action shall be published at
19least thirty-five days in advance of the action. The notice
20shall include a statement of either the terms or substance of
21the intended action or a description of the subjects and issues
22involved, and the time when, the place where, and the manner in
23which interested persons may present their views.
24 Sec. 6. Section 17A.4, subsection 8, Code 2023, is amended
25to read as follows:
268. Upon the vote of two-thirds of its members, the
27administrative rules review committee, following notice of
28intended action as provided in subsection 1 and prior to
29adoption of a rule pursuant to that notice, may suspend further
30action relating to the agency from adopting that notice for
31seventy days. Notice that adoption of a notice of intended
32action was suspended under this provision shall be published in
33the Iowa administrative code and bulletin.
34 Sec. 7. Section 17A.5, subsection 1, Code 2023, is amended
35to read as follows:
-2- 11. Each agency shall file each rule adopted by the agency
2with the office of the administrative rules coordinator and
3provide an exact copy to the administrative code editor. The
4administrative rules coordinator shall assign an ARC number to
5each rulemaking document. The administrative rules coordinator
6 code editor shall keep a permanent electronic register of the
7rules open to public inspection. The administrative code
8editor shall publish each rule adopted in accordance with this
9chapter in the Iowa administrative code.
10 Sec. 8. Section 17A.6, Code 2023, is amended to read as
11follows:
1217A.6 Publications — copy of standards adopted by reference.
1301. For purposes of subsections 2 through 5, unless the
14context otherwise requires:
15a. “Adopt by reference” or “adoption by reference” means
16incorporating the text of a cited publication, or a part
17thereof, into a rule without including the text of the
18publication in the rule.
19b. “Publication” does not include the Iowa Code, Iowa Acts,
20Iowa administrative code, Iowa court rules, or uniform rules on
21agency procedure.
221. The administrative code editor shall publish the Iowa
23administrative bulletin and the Iowa administrative code as
24provided in section 2B.5A.
252. An agency which that adopts standards by reference to
26another publication shall deliver an electronic a printed copy
27of the publication, or the relevant part of the publication,
28containing the standards to the administrative code editor
29who shall publish it on the general assembly’s internet site.
30If an electronic copy of the publication is not available,
31the agency shall deliver a printed copy of the publication to
32the administrative code editor who shall deposit the copy in
33the state law library where it which shall be made make it
34 available for inspection and reference. The agency may instead
35deposit a printed copy of the publication, or the relevant part
-3-1of the publication, in the state law library directly. This
2subsection does not apply to a publication that is a federal
3statute or regulation.
43. In lieu of the procedures established in subsection 2,
5an agency may establish alternative procedures providing for
6public access to an electronic or printed copy of a publication
7containing standards adopted by reference if the publication is
8proprietary or contains proprietary information.
94. An agency that adopts standards by reference to another
10publication or a part thereof shall include as part of the
11reference a date certain, edition or amendment number, or other
12information identifying the specific version of the publication
13or the specific point in time from which the text of the
14publication can be determined. The adoption of standards by
15reference to another publication or a part thereof shall not
16include adoption of any amendment, edition, or version of the
17publication subsequent to the effective date of the adoption.
185. An agency shall include in the preamble to each rule
19submitted pursuant to section 17A.4 or 17A.5 that adopts
20standards by reference to another publication or part thereof a
21brief explanation of the content of the publication or part.
22If such a rule updates a reference to a publication previously
23adopted by reference, the agency shall include in the preamble
24a brief explanation of any significant changes in the content
25of the publication or part.
26 Sec. 9. NEW SECTION. 17A.6C Agency fees — rules.
27When an agency establishes the amount of a license fee,
28application fee, or other fee, including any subsequent
29increase or decrease in the amount, the amount shall be
30specified in a notice of intended action and a rule adopted
31by the agency. This section does not apply when the amount
32of a fee is specifically established or described in the Iowa
33Code, Iowa Acts, or Iowa court rules, or by federal law. This
34section shall not be construed to authorize an agency to
35establish a fee without statutory authority.
-4-1 Sec. 10. Section 17A.8, subsection 9, Code 2023, is amended
2by adding the following new paragraph:
3 NEW PARAGRAPH. c. Notice of an effective date that was
4delayed or of applicability that was suspended under this
5provision shall be published in the Iowa administrative code
6and bulletin.
7 Sec. 11. Section 17A.8, subsection 10, paragraph b, Code
82023, is amended to read as follows:
9b. Notice of an effective date that was delayed or of
10applicability that was suspended under this provision shall be
11published in the Iowa administrative code and bulletin.
12 Sec. 12. Section 256.54, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. Maintain, as an integral part of the law library,
15reports of various boards and agencies, copies of bills,
16journals, other information relating to current or proposed
17legislation, and copies of the Iowa administrative bulletin
18and Iowa administrative code and, consistent with section
1917A.6, subsection 2, copies of any publications incorporated by
20reference in the bulletin or code.
21 Sec. 13. NEW SECTION. 505.35 Adoption of standards by
22reference — rules.
23Rules adopted by the commissioner pursuant to chapter 17A
24that adopt a standard by reference to another publication or
25portion thereof are exempt from the requirements of section
2617A.6, subsection 4, with respect to the following:
271. Professional standards of practice and membership
28requirements established by the actuarial standards board,
29the American academy of actuaries, the American institute of
30certified public accountants, or their successor organizations.
312. The following publications of the national association
32of insurance commissioners:
33a. Valuation manual used to establish principle-based
34reserves for the life insurance industry.
35b. Accounting practices and procedures manual.
-5- 1c. Financial examiners handbook.
2d. Financial analysis handbook.
3e. Annual/quarterly financial statement blank and
4instructions.
5 Sec. 14. EFFECTIVE DATE. This division of this Act takes
6effect January 1, 2024.
7DIVISION II
8Agency statutes and rules
9 Sec. 15. Section 7E.7, subsection 2, Code 2023, is amended
10by striking the subsection.
11 Sec. 16. Section 12.28, subsection 1, paragraph b, Code
122023, is amended to read as follows:
13b. “State agency” means a board, commission, bureau,
14division, office, department, or branch of state government.
15However, state agency does not mean the state board of regents,
16institutions governed by the board of regents, or authorities
17created under chapter 16, 257C, or 261A.
18 Sec. 17. Section 12.30, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. “Authority” means a department, or public or quasi-public
21instrumentality of the state including but not limited to the
22authority created under chapter 12E, 16, 257C, or 261A, which
23has the power to issue obligations, except that “authority”
24does not include the state board of regents or the Iowa
25finance authority to the extent the Iowa finance authority acts
26pursuant to chapter 260C.“Authority” also includes a port
27authority created under chapter 28J.
28 Sec. 18. Section 15E.63, subsection 11, Code 2023, is
29amended to read as follows:
3011. The board shall adopt rules pursuant to chapter
3117A necessary to administer the duties of the board. The
32department of revenue may adopt rules pursuant to chapter 17A
33related to the duties of the board or this chapter.
34 Sec. 19. REPEAL. Chapter 257C, Code 2023, is repealed.
35 Sec. 20. RESCISSION OF ADMINISTRATIVE RULES.
-6- 11. The following Iowa administrative rules are rescinded as
2of July 1, 2023:
3a. 285 Iowa administrative code, chapter 1.
4b. 791 Iowa administrative code, chapter 1.
52. As soon as practicable after July 1, 2023, the Iowa
6administrative code editor shall remove the language of the
7Iowa administrative rules referenced in subsection 1 of this
8section from the Iowa administrative code.
je/rn/md