SSB 1249

This bill relates to the administrative rulemaking process for executive branch agencies under Code chapter 17A, the Iowa administrative procedure Act. The bill allows the administrative code editor to update the internet site address of an agency, officer, or other entity when preparing the copy for an edition of the Iowa administrative code or Iowa administrative bulletin. The bill also allows the administrative code editor to correct references to chapters or subunits of rules or Code sections that are cited erroneously or have been repealed, amended, or renumbered, and to add or amend catchwords to parts of rules. The bill provides that a citation to the Iowa administrative bulletin shall include the publication date and the ARC number of an adopted rulemaking document. The bill provides that the exclusion of the legislative branch from the definition of “agency” in Code chapter 17A includes components of the legislative branch, but does not include the office of ombudsman. The bill strikes language providing that an executive order or directive of the governor which creates an agency or establishes a program or which transfers a program between agencies established by statute or rule is included in the definition of “rule” in Code chapter 17A. The bill strikes language requiring that an agency submit a copy of a notice of intended action to the chairpersons and ranking members of the appropriate standing committees of the general assembly. The bill instead requires that the legislative services agency provide the chairpersons and ranking members an opportunity to review an electronic copy of such notices. _____ rules review committee (ARRC), by a vote of two-thirds of its members, to suspend further action relating to a notice of intended action for days. The bill instead allows the ARRC, by a vote of two-thirds of its members, to suspend the agency from adopting a notice for days. The bill provides that adoption of a notice may only be suspended once. The bill strikes language requiring the administrative rules coordinator to keep a permanent register of rules open to the public. The bill instead requires the administrative code editor to keep a permanent electronic register of rules open to the public. The bill requires an agency which adopts a standard by reference to another publication or a portion thereof to include as part of the reference a date certain, edition or amendment number, or other information identifying the specific version of the publication or the specific point in time from which the text of the publication can be determined. The adoption of a standard by reference to another publication shall not include adoption of any amendment, edition, or version of the publication subsequent to the effective date of the adoption. The bill requires an agency to include in the preamble to each rule submitted for publication that adopts standards by reference to another publication or portion thereof a brief explanation of the content of the publication or portion and, if the rule updates a reference to a publication previously adopted by reference, a brief explanation of any changes in the content of the publication. The bill provides that “publication”, for purposes of requirements of Code chapter 17A relating to adoption by agencies of standards by reference to other publications, does not include the Iowa Code, Iowa Acts, Iowa administrative code, or Iowa court rules. _____ including any subsequent increase or decrease in the amount, shall be specified in a rule adopted by the agency. The requirement does not apply where the amount of a fee is specifically established in the Iowa Code, Iowa Acts, or by federal law. The bill provides that the administrative rules coordinator shall serve as an ex officio, nonvoting member of the ARRC. The bill provides that the delay of an effective date of a rule for days or until the adjournment of the next regular session of the general assembly, or the suspension of applicability of a rule for days or until the adjournment of the next regular session of the general assembly, by the ARRC may each only occur once per rulemaking document. The bill provides that notice of the delay of an effective date or suspension of applicability of a rule until the adjournment of the next regular session of the general assembly shall be published in the Iowa administrative code and bulletin. The bill modifies terminology relating to the internet site used to identify rules for which a petition for a waiver has been granted or denied.