House File 2468 HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 650) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act to limit the period of effectiveness for an administrative 2 rule adopted without a notice of intended action and 3 opportunity for public participation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6419HV 80 6 jr/sh/8 PAG LIN 1 1 Section 1. Section 17A.4, subsection 2, Code Supplement 1 2 2003, is amended to read as follows: 1 3 2. When an agency for good cause finds that notice and 1 4 public participation would be unnecessary, impracticable, or 1 5 contrary to the public interest, the provisions of subsection 1 6 1 shall be inapplicable. The agency shall incorporate in each 1 7 rule issued in reliance upon this provision either the finding 1 8 and a brief statement of the reasons for the finding, or a 1 9 statement that the rule is within a very narrowly tailored 1 10 category of rules whose issuance has previously been exempted 1 11 from subsection 1 by a special rule relying on this provision 1 12 and including such a finding and statement of reasons for the 1 13 entire category.If the administrative rules review committee 1 14 by a two=thirds vote, the governor, or the attorney general 1 15 files with the administrative code editor an objection to the 1 16 adoption of any rule pursuant to this subsection, that rule 1 17 shall cease to be effective one hundred eighty days after the 1 18 date the objection was filed. A copy of the objection, 1 19 properly dated, shall be forwarded to the agency at the time 1 20 of filing the objection.In any action contesting a rule 1 21 adopted pursuant to this subsection, the burden of proof shall 1 22 be on the agency to show that the procedures of subsection 1 1 23 were impracticable, unnecessary, or contrary to the public 1 24 interest and that, if a category of rules was involved, the 1 25 category was very narrowly tailored. A rule adopted pursuant 1 26 to this subsection shall remain in effect for a maximum period 1 27 of time of one hundred eighty days, unless a shorter period of 1 28 time is specified in the rule. 1 29 EXPLANATION 1 30 This bill limits the period of effectiveness for any rule 1 31 adopted without public notice and opportunity for public 1 32 participation to 180 days. The agency would, within that 1 33 period of time, have the opportunity to adopt a replacement 1 34 rule using the notice provisions of Code section 17A.4. 1 35 LSB 6419HV 80 2 1 jr/sh/8