HOUSE FILE 2200

BY  WATTS, DEYOE, HELLAND, SANDS, SODERBERG, COWNIE, DRAKE, WORTHAN, BRANDENBURG, IVERSON, ARNOLD, GARRETT, PEARSON, MASSIE, WINDSCHITL, TJEPKES, ROGERS, LOFGREN, WAGNER, KOESTER, FRY, J. SMITH, BAUDLER, VAN ENGELENHOVEN, JORGENSEN, HANUSA, HAGER, SWEENEY, S. OLSON, L. MILLER, ALONS, HUSEMAN, FORRISTALL, RAYHONS, HAGENOW, SCHULTZ, and DE BOEF

A BILL FOR

An Act providing for legislative and gubernatorial approval of administrative rules.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.5, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Commencing July 1, 2012, a rulemaking action to adopt, amend, or repeal a rule shall be effective for only one year after the effective date of such action, unless such action is approved by a joint resolution or bill passed by the general assembly and approved by the governor.
   a.  An agency shall submit a rulemaking action to adopt, amend, or repeal a rule to the president of the senate and the speaker of the house of representatives at the next regular session of the general assembly. The president and the speaker shall refer such action to the appropriate standing committees of the general assembly.
   b.  A standing committee shall review such rulemaking actions referred to the committee and may take formal committee action by sponsoring a joint resolution or bill to approve the rulemaking actions. Rulemaking actions may be approved either individually or grouped together in one or more joint resolutions or bills.
   c.  If a joint resolution or bill is not enacted to approve such a rulemaking action within the one-year period, the president of the senate and the speaker of the house of representatives shall notify the agency and the administrative code editor. The administrative code editor shall promptly remove from the Iowa administrative code a rule or portion of a rule that has expired pursuant to this subsection.
   d.  The expiration of a rule pursuant to this subsection does not restore any rule language that existed prior to the original rulemaking action. The agency may readopt that prior rule language, without notice or opportunity for public participation, effective immediately upon filing with the administrative rules coordinator.
EXPLANATION
   This bill provides that any new agency rulemaking action to adopt, amend, or repeal a rule will expire one year after the rule’s effective date, unless that rule is approved by a joint resolution or bill, approved by the governor. Each agency adopting, amending, or repealing a rule must submit such a rulemaking action to the president of the senate and the speaker of the house of representatives at the next regular legislative session. The rulemaking action is to be forwarded to the appropriate standing committee, which may sponsor a joint resolution or bill to approve the rulemaking action. Rulemaking actions may be approved either individually or grouped together in one or more joint resolutions or bills.
   If a joint resolution or bill is not enacted to approve the rulemaking action within the one-year period, the president of the senate and the speaker of the house of representatives shall notify the agency and the administrative code editor. The administrative code editor shall promptly remove from the Iowa administrative code the rule or portion of the rule that has expired.
   The agency is permitted to replace the expired rule language with the prior language of that rule, using emergency rulemaking procedures.