Bill Text: IA HSB568 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the rulemaking process for executive branch agencies and including transition provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-11 - Committee report, recommending amendment and passage. H.J. 254. [HSB568 Detail]
Download: Iowa-2019-HSB568-Introduced.html
House
Study
Bill
568
-
Introduced
HOUSE
FILE
_____
BY
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE
A
BILL
FOR
An
Act
relating
to
the
rulemaking
process
for
executive
branch
1
agencies
and
including
transition
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
2B.13,
subsection
2,
Code
2020,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0f.
Update
the
address,
telephone
number,
3
facsimile
number,
or
electronic
mail
address
of
an
agency,
4
officer,
or
other
entity.
5
Sec.
2.
Section
17A.4,
subsections
4
and
6,
Code
2020,
are
6
amended
to
read
as
follows:
7
4.
Any
notice
of
intended
action
or
rule
filed
without
8
notice
pursuant
to
subsection
3
this
section
or
section
17A.5
,
9
which
that
necessitates
additional
annual
expenditures
of
at
10
least
one
hundred
thousand
dollars
or
combined
expenditures
11
of
at
least
five
hundred
thousand
dollars
within
five
years
12
by
all
affected
persons,
including
the
agency
itself,
shall
13
be
accompanied
by
a
fiscal
impact
statement
outlining
the
14
expenditures.
The
agency
shall
promptly
deliver
a
copy
of
15
the
statement
to
the
legislative
services
agency.
To
the
16
extent
feasible,
the
legislative
services
agency
shall
analyze
17
the
statement
and
provide
a
summary
of
that
analysis
to
the
18
administrative
rules
review
committee.
If
the
agency
has
19
made
a
good-faith
effort
to
comply
with
the
requirements
of
20
this
subsection
,
the
rule
shall
not
be
invalidated
on
the
21
ground
that
the
contents
of
the
statement
are
insufficient
or
22
inaccurate.
23
6.
a.
If
the
administrative
rules
review
committee
created
24
by
section
17A.8
,
the
governor,
or
the
attorney
general
finds
25
objection
to
all
or
some
portion
of
a
proposed
or
adopted
rule
26
because
that
rule
is
deemed
to
be
unreasonable,
arbitrary,
27
capricious,
or
otherwise
beyond
the
authority
delegated
to
the
28
agency,
the
committee,
governor,
or
attorney
general
may,
in
29
writing,
notify
the
agency
of
the
objection.
In
the
case
of
a
30
rule
issued
under
filed
without
notice
pursuant
to
subsection
31
3
,
or
a
rule
made
effective
under
section
17A.5,
subsection
2
,
32
paragraph
“b”
,
the
committee,
governor,
or
attorney
general
33
may
notify
the
agency
of
such
an
objection.
The
committee,
34
governor,
or
attorney
general
shall
also
file
a
certified
35
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copy
of
such
an
objection
in
the
office
of
the
administrative
1
code
editor
and
a
notice
to
the
effect
that
an
objection
has
2
been
filed
shall
be
published
in
the
next
issue
of
the
Iowa
3
administrative
bulletin
and
in
the
Iowa
administrative
code
4
when
that
rule
is
printed
in
it.
The
burden
of
proof
shall
5
then
be
on
the
agency
in
any
proceeding
for
judicial
review
or
6
for
enforcement
of
the
rule
heard
subsequent
to
the
filing
to
7
establish
that
the
rule
or
portion
of
the
rule
timely
objected
8
to
according
to
the
above
procedure
is
not
unreasonable,
9
arbitrary,
capricious,
or
otherwise
beyond
the
authority
10
delegated
to
it.
11
b.
If
the
agency
fails
to
meet
the
burden
of
proof
12
prescribed
for
a
rule
objected
to
according
to
the
provisions
13
of
paragraph
“a”
,
the
court
shall
declare
the
rule
or
portion
14
of
the
rule
objected
to
invalid
and
judgment
shall
be
rendered
15
against
the
agency
for
court
costs.
Such
court
costs
shall
16
include
a
reasonable
attorney
fee
and
shall
be
payable
by
the
17
director
of
the
department
of
administrative
services
from
the
18
support
appropriations
of
the
agency
which
issued
adopted
the
19
rule
in
question.
20
Sec.
3.
Section
17A.4,
subsection
7,
Code
2020,
is
amended
21
by
striking
the
subsection.
22
Sec.
4.
Section
17A.5,
subsection
2,
paragraph
b,
23
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
24
(2)
In
any
subsequent
action
contesting
the
effective
date
25
of
a
rule
promulgated
adopted
under
this
paragraph
“b”
,
the
26
burden
of
proof
shall
be
on
the
agency
to
justify
its
finding.
27
The
agency’s
finding
and
a
brief
statement
of
the
reasons
28
therefor
shall
be
filed
with
and
made
a
part
of
the
rule.
Prior
29
to
indexing
and
publication,
the
agency
shall
make
reasonable
30
efforts
to
make
known
to
the
persons
who
may
be
affected
by
it
a
31
rule
made
effective
under
the
terms
of
this
paragraph
“b”
.
32
Sec.
5.
Section
17A.6,
Code
2020,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
3.
In
lieu
of
the
procedures
established
in
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subsection
2,
an
agency
may
establish
alternative
procedures
1
providing
for
public
access
to
an
electronic
or
printed
copy
of
2
a
publication
containing
standards
adopted
by
reference
if
the
3
publication
is
proprietary
or
contains
proprietary
information.
4
Sec.
6.
Section
17A.6A,
subsection
2,
paragraph
c,
Code
5
2020,
is
amended
to
read
as
follows:
6
c.
Process
forms
and
instructions
for
filing
a
petition
7
for
rulemaking
pursuant
to
section
17A.7
,
a
petition
for
a
8
declaratory
order
pursuant
to
section
17A.9
,
or
a
petition
for
9
a
waiver
or
variance
of
an
administrative
rule
pursuant
to
10
section
17A.9A
.
11
Sec.
7.
Section
17A.7,
subsection
1,
Code
2020,
is
amended
12
to
read
as
follows:
13
1.
An
interested
person
may
petition
an
agency
requesting
14
the
adoption,
amendment,
or
repeal
of
a
rule.
Each
agency
15
shall
prescribe
by
rule
the
form
for
petitions
and
the
16
procedure
for
their
submission,
consideration,
and
disposition.
17
Within
sixty
days
after
submission
of
a
petition,
the
agency
18
either
shall
deny
the
petition
in
writing
on
the
merits,
19
stating
its
reasons
for
the
denial,
or
initiate
rulemaking
20
proceedings
in
accordance
with
section
17A.4
,
or
issue
adopt
a
21
rule
if
it
is
not
required
to
be
issued
filed
according
to
the
22
procedures
of
section
17A.4,
subsection
1
.
The
agency
shall
23
submit
the
petition
and
the
disposition
of
the
petition
to
the
24
administrative
rules
review
committee.
25
Sec.
8.
Section
17A.8,
subsections
2,
5,
and
9,
Code
2020,
26
are
amended
to
read
as
follows:
27
2.
A
committee
member
shall
be
appointed
prior
to
as
of
28
the
adjournment
convening
of
a
regular
session
convened
in
an
29
odd-numbered
year.
The
term
of
office
for
a
member
of
the
30
house
of
representatives
shall
be
for
four
years
beginning
May
31
1
end
upon
the
convening
of
the
year
of
appointment
general
32
assembly
following
the
appointment
.
The
term
of
office
33
for
a
member
of
the
senate
shall
end
upon
the
convening
of
34
the
general
assembly
after
the
general
assembly
following
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appointment.
However,
a
member
shall
serve
until
a
successor
1
is
appointed.
A
vacancy
on
the
committee
shall
be
filled
2
by
the
original
appointing
authority
for
the
remainder
of
3
the
term.
A
vacancy
shall
exist
whenever
a
committee
member
4
ceases
to
be
a
member
of
the
house
from
which
the
member
was
5
appointed.
6
5.
A
regular
committee
meeting
shall
be
held
at
the
seat
7
of
government
on
the
second
Tuesday
of
each
month
or
on
8
an
alternative
date
established
by
the
committee
.
Unless
9
impracticable,
in
advance
of
each
such
meeting
the
subject
10
matter
to
be
considered
shall
be
published
in
the
Iowa
11
administrative
bulletin.
A
special
committee
meeting
may
be
12
called
by
the
chairperson
at
any
place
in
the
state
and
at
13
any
time.
Unless
impracticable,
in
advance
of
each
special
14
meeting
notice
of
the
time
and
place
of
such
meeting
and
the
15
subject
matter
to
be
considered
shall
be
published
in
the
Iowa
16
administrative
bulletin.
17
9.
a.
Upon
a
vote
of
two-thirds
of
its
members,
the
18
administrative
rules
review
committee
may
delay
the
effective
19
date
of
a
rule
or
portion
of
a
rule
until
the
adjournment
20
of
the
next
regular
session
of
the
general
assembly,
unless
21
the
rule
was
promulgated
adopted
under
section
17A.5,
22
subsection
2
,
paragraph
“b”
.
If
the
rule
was
promulgated
23
adopted
under
section
17A.5,
subsection
2
,
paragraph
“b”
,
the
24
administrative
rules
review
committee,
within
thirty-five
days
25
of
the
effective
date
publication
of
the
rule
in
the
Iowa
26
administrative
bulletin
and
upon
the
vote
of
two-thirds
of
its
27
members,
may
suspend
the
applicability
of
the
rule
or
portion
28
of
the
rule
until
the
adjournment
of
the
next
regular
session
29
of
the
general
assembly.
30
b.
The
committee
shall
refer
a
rule
or
portion
of
a
rule
31
whose
effective
date
has
been
delayed
or
applicability
has
32
been
suspended
to
the
speaker
of
the
house
of
representatives
33
and
the
president
of
the
senate
who
shall
refer
the
delayed
34
or
suspended
rule
or
portion
of
the
rule
to
the
appropriate
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standing
committees
of
the
general
assembly.
A
standing
1
committee
shall
review
the
rule
within
twenty-one
days
after
2
the
rule
is
referred
to
the
committee
by
the
speaker
of
the
3
house
of
representatives
or
the
president
of
the
senate
and
4
shall
take
formal
committee
action
by
sponsoring
a
joint
5
resolution
to
disapprove
nullify
the
rule,
by
proposing
6
legislation
relating
to
the
rule,
or
by
refusing
to
propose
7
a
joint
resolution
or
legislation
concerning
the
rule.
The
8
standing
committee
shall
inform
the
administrative
rules
review
9
committee
of
the
committee
action
taken
concerning
the
rule.
10
If
the
general
assembly
has
not
disapproved
of
nullified
the
11
rule
by
a
joint
resolution,
the
rule
shall
become
effective
12
upon
the
adjournment
of
the
session
of
the
general
assembly
.
13
The
speaker
of
the
house
of
representatives
and
the
president
14
of
the
senate
shall
notify
the
administrative
code
editor
of
15
the
final
disposition
of
each
rule
or
portion
of
a
rule
whose
16
effective
date
has
been
delayed
or
whose
applicability
has
17
been
suspended
pursuant
to
this
subsection
.
If
the
rule
is
18
disapproved,
the
rule
shall
not
be
effective
and
the
agency
19
shall
rescind
the
rule.
20
Sec.
9.
Section
17A.8,
Code
2020,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
10.
a.
Upon
the
vote
of
two-thirds
of
23
its
members,
the
administrative
rules
review
committee
may
24
delay
the
effective
date
of
a
rule
or
portion
of
a
rule
seventy
25
days
beyond
that
permitted
in
section
17A.5,
unless
the
rule
26
was
adopted
under
section
17A.5,
subsection
2,
paragraph
“b”
.
27
If
the
rule
was
adopted
under
section
17A.5,
subsection
2,
28
paragraph
“b”
,
the
administrative
rules
review
committee,
29
within
thirty-five
days
of
the
publication
of
the
rule
in
the
30
Iowa
administrative
bulletin
and
upon
the
vote
of
two-thirds
31
of
its
members,
may
suspend
the
applicability
of
the
rule
or
32
portion
of
the
rule
for
seventy
days.
33
b.
Notice
of
an
effective
date
that
was
delayed
under
this
34
provision
shall
be
published
in
the
Iowa
administrative
code
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and
bulletin.
1
Sec.
10.
Section
17A.9A,
Code
2020,
is
amended
to
read
as
2
follows:
3
17A.9A
Waivers
and
variances
.
4
1.
Any
person
may
petition
an
agency
for
a
waiver
or
5
variance
from
the
requirements
of
a
rule,
pursuant
to
the
6
requirements
of
this
section
,
if
the
agency
has
established
7
by
rule
an
application,
evaluation,
and
issuance
procedure
8
permitting
waivers
and
variances
.
An
agency
shall
not
grant
a
9
petition
for
waiver
or
a
variance
of
a
rule
unless
the
agency
10
has
jurisdiction
over
the
rule
and
the
waiver
or
variance
11
is
consistent
with
any
applicable
statute,
constitutional
12
provision,
or
other
provision
of
law.
In
addition,
this
13
section
does
not
authorize
an
agency
to
waive
or
vary
any
14
requirement
created
or
duty
imposed
by
statute.
15
2.
Upon
petition
of
a
person,
an
agency
may
in
its
sole
16
discretion
issue
a
waiver
or
variance
from
the
requirements
17
of
a
rule
if
the
agency
finds,
based
on
clear
and
convincing
18
evidence,
all
of
the
following:
19
a.
The
application
of
the
rule
would
pose
an
undue
hardship
20
on
the
person
for
whom
the
waiver
or
variance
is
requested.
21
b.
The
waiver
or
variance
from
the
requirements
of
a
rule
22
in
the
specific
case
would
not
prejudice
the
substantial
legal
23
rights
of
any
person.
24
c.
The
provisions
of
a
rule
subject
to
a
petition
for
a
25
waiver
or
variance
are
not
specifically
mandated
by
statute
or
26
another
provision
of
law.
27
d.
Substantially
equal
protection
of
public
health,
28
safety,
and
welfare
will
be
afforded
by
a
means
other
than
29
that
prescribed
in
the
particular
rule
for
which
the
waiver
or
30
variance
is
requested.
31
3.
The
burden
of
persuasion
rests
with
the
person
who
32
petitions
an
agency
for
the
waiver
or
variance
of
a
rule.
Each
33
petition
for
a
waiver
or
variance
shall
be
evaluated
by
the
34
agency
based
on
the
unique,
individual
circumstances
set
out
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in
the
petition.
A
waiver
or
variance
,
if
granted,
shall
be
1
drafted
by
the
agency
so
as
to
provide
the
narrowest
exception
2
possible
to
the
provisions
of
the
rule.
The
agency
may
3
place
any
condition
on
a
waiver
or
a
variance
that
the
agency
4
finds
desirable
to
protect
the
public
health,
safety,
and
5
welfare.
A
waiver
or
variance
shall
not
be
permanent,
unless
6
the
petitioner
can
show
that
a
temporary
waiver
or
variance
7
would
be
impracticable.
If
a
temporary
waiver
or
variance
is
8
granted,
there
is
no
automatic
right
to
renewal.
At
the
sole
9
discretion
of
the
agency,
a
waiver
or
variance
may
be
renewed
10
if
the
agency
finds
all
of
the
factors
set
out
in
subsection
2
11
remain
valid.
12
4.
A
grant
or
denial
of
a
waiver
or
variance
petition
shall
13
be
indexed,
filed,
and
available
for
public
inspection
as
14
provided
in
section
17A.3
.
The
administrative
code
editor
and
15
the
administrative
rules
coordinator
shall
devise
a
mechanism
16
to
identify
rules
for
which
a
petition
for
a
waiver
or
variance
17
has
been
granted
or
denied
and
make
this
information
available
18
to
the
public.
19
5.
Semiannually,
each
agency
which
permits
the
granting
20
of
petitions
for
waivers
or
variances
shall
prepare
a
report
21
of
these
actions
identifying
the
rules
for
which
a
waiver
22
or
variance
has
been
granted
or
denied,
the
number
of
times
23
a
waiver
or
variance
was
granted
or
denied
for
each
rule,
a
24
citation
to
the
statutory
provisions
implemented
by
these
25
rules,
and
a
general
summary
of
the
reasons
justifying
the
26
agencies’
actions
on
the
waiver
or
variance
request.
To
the
27
extent
practicable,
this
report
shall
detail
the
extent
to
28
which
the
granting
of
a
waiver
or
variance
has
established
a
29
precedent
for
additional
waivers
or
variances
and
the
extent
30
to
which
the
granting
of
a
waiver
or
variance
has
affected
31
the
general
applicability
of
the
rule
itself.
Copies
of
this
32
report
shall
be
provided
semiannually
to
the
administrative
33
rules
coordinator
and
the
administrative
rules
review
34
committee.
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6.
For
purposes
of
this
section
,
“a
waiver
or
variance
”
1
means
an
agency
action
which
suspends
in
whole
or
in
part
2
the
requirements
or
provisions
of
a
rule
as
applied
to
an
3
identified
person
on
the
basis
of
the
particular
circumstances
4
of
that
person.
5
Sec.
11.
Section
17A.22,
Code
2020,
is
amended
to
read
as
6
follows:
7
17A.22
Agency
authority
to
implement
chapter.
8
Agencies
shall
have
all
the
authority
necessary
to
comply
9
with
the
requirements
of
this
chapter
through
the
issuance
10
adoption
of
rules
or
otherwise.
11
Sec.
12.
TRANSITION
PROVISIONS
——
MEMBERSHIP
OF
12
ADMINISTRATIVE
RULES
REVIEW
COMMITTEE.
Notwithstanding
section
13
17A.8,
subsection
2,
as
amended
by
this
Act,
the
terms
of
14
members
of
the
administrative
rules
review
committee
as
of
the
15
effective
date
of
this
Act
shall
continue
until
the
convening
16
of
the
2021
regular
session
of
the
general
assembly.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
administrative
rulemaking
process
21
under
Code
chapter
17A,
the
Iowa
administrative
procedure
Act.
22
The
bill
allows
the
administrative
code
editor
to
update
the
23
address,
telephone
number,
facsimile
number,
or
electronic
mail
24
address
of
an
agency,
officer,
or
other
entity
when
preparing
25
the
copy
for
an
edition
of
the
Iowa
administrative
code
or
Iowa
26
administrative
bulletin.
27
The
bill
provides
that
all
rule
filings
that
necessitate
28
additional
annual
expenditures
of
at
least
$100,000
or
29
combined
expenditures
of
at
least
$500,000
within
five
years
30
by
all
affected
persons,
including
the
agency
itself,
shall
31
be
accompanied
by
a
fiscal
impact
statement
outlining
the
32
expenditures,
which
is
then
analyzed
by
the
legislative
33
services
agency.
Current
law
provides
that
only
notices
of
34
intended
action
and
rules
filed
without
notice
are
subject
to
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this
requirement.
1
The
bill
authorizes
an
agency
to
establish
alternative
2
procedures
for
providing
public
access
to
an
electronic
or
3
printed
copy
of
a
publication
containing
standards
adopted
by
4
reference
in
rulemaking
if
the
publication
is
proprietary
or
5
contains
proprietary
information.
Current
statutory
procedures
6
provide
for
publication
on
the
general
assembly’s
internet
site
7
or
depositing
a
printed
copy
in
the
state
law
library.
8
The
bill
requires
agencies
to
submit
petitions
for
9
rulemaking
and
the
disposition
of
such
petitions
to
the
10
administrative
rules
review
committee
(ARRC).
11
The
bill
modifies
the
terms
of
office
of
ARRC
members
12
by
providing
that
terms
for
members
of
the
house
of
13
representatives
commence
at
the
convening
of
a
regular
session
14
convened
in
an
odd-numbered
year
and
end
at
the
convening
of
15
the
following
general
assembly.
Terms
for
members
of
the
16
senate
commence
at
the
convening
of
a
regular
session
convened
17
in
an
odd-numbered
year
and
end
at
the
convening
of
the
general
18
assembly
after
the
following
general
assembly.
Under
current
19
law
terms
of
office
for
all
members
last
four
years
commencing
20
on
May
1
with
appointments
made
prior
to
the
adjournment
of
a
21
regular
session
convened
in
an
odd-numbered
year.
The
bill
22
provides
that
current
terms
of
ARRC
members
continue
until
the
23
convening
of
the
2021
regular
session
of
the
general
assembly.
24
The
bill
provides
that
the
ARRC
may
establish
an
alternative
25
date
for
its
regular
monthly
meeting.
26
The
bill
authorizes
the
ARRC
to
suspend
the
applicability
27
of
emergency
rules
filed
using
the
procedure
provided
in
Code
28
section
17A.5,
subsection
2,
paragraph
“b”,
subparagraph
1,
29
within
35
days
of
the
publication
of
the
rule
in
the
Iowa
30
administrative
bulletin.
Under
current
law,
the
ARRC
may
do
so
31
within
35
days
of
the
rule’s
effective
date.
32
The
bill
revises
language
on
procedures
relating
to
delays
33
of
effective
dates
of
rules
and
suspension
of
applicability
of
34
rules
by
the
ARRC
until
the
adjournment
of
the
next
regular
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session
of
the
general
assembly
by
replacing
references
to
1
joint
resolutions
disapproving
of
rules
with
references
to
2
nullification
of
rules.
3
The
bill
transfers
language
authorizing
the
delay
of
4
effective
dates
of
rules
and
suspension
of
applicability
of
5
rules
by
the
ARRC
for
70
days
from
Code
section
17A.4
to
Code
6
section
17A.8.
7
The
bill
modifies
requirements
for
waiver
or
variance
of
8
rules
by
agencies
by
striking
references
to
variances.
9
The
bill
standardizes
terminology
referring
to
adoption
of
10
rules
throughout
Code
chapter
17A.
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