Concerning the rulemaking process for executive branch agencies and related matters and including effective date provisions

The bill provides that a citation to the Iowa administrative bulletin may 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 other than the office of ombudsman. 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 a means to receive an electronic copy of such notices. The bill strikes language allowing the administrative 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 an agency from adopting a notice for days. 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 strikes language requiring an agency that adopts standards by reference to another publication to deliver an electronic copy of the publication, or the relevant part of the publication, to the administrative code editor for publication on the general assembly’s internet site or to deliver a printed copy to the administrative code editor for deposit in the state law library if an electronic copy is not available. The bill instead requires such an agency to deliver a printed copy of the publication or part to the administrative code editor for deposit in the state law library or to deposit a copy in the state law library directly. This requirement does not apply to a publication that is a federal statute or regulation. The bill requires an agency that adopts standards 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 standards 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. These requirements do not apply when the adoption of amendments, editions, or versions of a publication subsequent to the effective date of the adoption is explicitly required by a provision of the Iowa Code or Iowa Acts. The bill requires an agency to include in the preamble to each noticed or adopted rule 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 significant 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, Iowa court rules, or uniform rules on agency procedure. The bill provides that the amount of a license fee, application fee, or other fee established by an agency, including any subsequent increase or decrease in the amount, shall be specified in a rule adopted by the agency. This requirement does not apply when the amount of a fee is specifically established or described in the Iowa Code, Iowa Acts, Iowa court rules, 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 notice of certain delays of an effective date or suspensions of applicability of a rule shall be published in the Iowa administrative code and bulletin. The bill takes effect January 1, 2024.