Text: HF00065 Text: HF00067 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 17B.1 STATE-COUNTY RELATIONS 1 2 COMMITTEE. 1 3 1. There is created the state-county relations committee. 1 4 The committee shall be bipartisan and shall be composed of the 1 5 following members: 1 6 a. Five senators appointed by the majority leader of the 1 7 senate. 1 8 b. Five representatives appointed by the speaker of the 1 9 house. 1 10 2. A committee member shall be appointed prior to the 1 11 adjournment of a regular legislative session convened in an 1 12 odd-numbered year. The term of office shall be for four years 1 13 beginning May 1 of the year of appointment. However, a member 1 14 shall serve until a successor is appointed. A vacancy on the 1 15 committee shall be filled by the original appointing authority 1 16 for the remainder of the term. A vacancy shall exist whenever 1 17 a committee member ceases to be a member of the house from 1 18 which the member was appointed. 1 19 3. A committee member shall be paid the per diem specified 1 20 in section 2.10, subsection 5, for each day in attendance and 1 21 shall be reimbursed for actual and necessary expenses. There 1 22 is appropriated from money in the general fund not otherwise 1 23 appropriated an amount sufficient to pay costs incurred under 1 24 this section. 1 25 4. The committee shall choose a chairperson from its 1 26 membership and prescribe its rules of procedure. The 1 27 committee may employ a secretary or may appoint the 1 28 administrative code editor or a designee to act as secretary. 1 29 Notwithstanding section 13.7, the committee may employ 1 30 necessary legal and technical staff. 1 31 5. A regular committee meeting shall be held at the seat 1 32 of government on the second Monday of each month. Unless 1 33 impracticable, in advance of each such meeting the subject 1 34 matter to be considered shall be published in the Iowa 1 35 administrative bulletin. A special committee meeting may be 2 1 called by the chairperson at any place in the state and at any 2 2 time. Unless impracticable, in advance of each special 2 3 meeting notice of the time and place of such meeting and the 2 4 subject matter to be considered shall be published in the Iowa 2 5 administrative bulletin. 2 6 Sec. 2. NEW SECTION. 17B.2 DUTIES OF COMMITTEE. 2 7 1. a. The state-county relations committee shall meet for 2 8 the purpose of selectively reviewing rules, whether proposed 2 9 or in effect. A rule is subject to review by the committee if 2 10 the rule imposes a mandate on local governments for which no 2 11 state funds have been appropriated to pay for implementation 2 12 and a request for review has been made with the committee by a 2 13 county board of supervisors. A regular or special committee 2 14 meeting shall be open to the public and an interested person 2 15 may be heard and present evidence. The committee may require 2 16 a representative of an agency whose rule or proposed rule is 2 17 under consideration to attend a committee meeting. 2 18 b. The committee may refer a rule to the speaker of the 2 19 house and the president of the senate at the next regular 2 20 session of the general assembly. The speaker and the 2 21 president shall refer such a rule to the appropriate standing 2 22 committee of the general assembly. 2 23 c. If the committee finds objection to a rule, it may 2 24 utilize the procedure provided in section 17A.4, subsection 4. 2 25 In addition or in the alternative, the committee may include 2 26 in the referral, under paragraph "b", a recommendation that 2 27 this rule be overcome by statute. If the committee of the 2 28 general assembly to which a rule is referred finds objection 2 29 to the referred rule, it may recommend to the general assembly 2 30 that this rule be overcome by statute. This section shall not 2 31 be construed to prevent a committee of the general assembly 2 32 from reviewing a rule on its own motion. 2 33 d. Upon a vote of two-thirds of its members, the state- 2 34 county relations committee may delay the effective date of a 2 35 rule until the adjournment of the next regular session of the 3 1 general assembly. The committee shall refer a rule whose 3 2 effective date has been delayed to the speaker of the house of 3 3 representatives and the president of the senate who shall 3 4 refer the rule to the appropriate standing committees of the 3 5 general assembly. A standing committee shall review a rule 3 6 within twenty-one days after the rule is referred to the 3 7 committee by the speaker of the house of representatives or 3 8 the president of the senate and shall take formal committee 3 9 action by sponsoring a joint resolution to disapprove the 3 10 rule, by proposing legislation relating to the rule, or by 3 11 refusing to propose a joint resolution or legislation 3 12 concerning the rule. The standing committee shall inform the 3 13 state-county relations committee of the committee action taken 3 14 concerning the rule. If the general assembly has not 3 15 disapproved of the rule by a joint resolution, the rule shall 3 16 become effective. The speaker of the house of representatives 3 17 and the president of the senate shall notify the 3 18 administrative code editor of the final disposition of each 3 19 rule delayed pursuant to this subsection. If a rule is 3 20 disapproved, it shall not become effective and the agency 3 21 shall rescind the rule. This section shall not apply to rules 3 22 made effective under section 17A.5, subsection 2, paragraph 3 23 "b". 3 24 2. The state-county relations committee shall conduct a 3 25 continuing study of the feasibility and cost of county 3 26 consolidation and reorganization. Every two years the 3 27 committee shall submit a report to the general assembly 3 28 detailing its findings. The report shall include cost 3 29 comparisons and service provision comparisons between the 3 30 current system of county governance and reorganization 3 31 alternatives studied by the committee. 3 32 3. The state-county relations committee is authorized to 3 33 seek from the general assembly legislation that would further 3 34 expand the powers and duties of the committee. 3 35 Sec. 3. NEW SECTION. 17B.3 REVIEW BY STATE-COUNTY 4 1 RELATIONS COMMITTEE. 4 2 The state-county relations committee shall review existing 4 3 rules, as time permits, to determine if there are adverse or 4 4 beneficial effects from these rules. The committee shall give 4 5 a high priority to rules that are referred to it by a county 4 6 board of supervisors. The review of these rules shall be 4 7 forwarded to the appropriate standing committees of the house 4 8 and senate. 4 9 Sec. 4. Section 17A.4, subsection 2, Code 2001, is amended 4 10 to read as follows: 4 11 2. When an agency for good cause finds that notice and 4 12 public participation would be unnecessary, impracticable, or 4 13 contrary to the public interest, the provisions of subsection 4 14 1 shall be inapplicable. The agency shall incorporate in each 4 15 rule issued in reliance upon this provision either the finding 4 16 and a brief statement of the reasons for the finding, or a 4 17 statement that the rule is within a very narrowly tailored 4 18 category of rules whose issuance has previously been exempted 4 19 from subsection 1 by a special rule relying on this provision 4 20 and including such a finding and statement of reasons for the 4 21 entire category. If the administrative rules review committee 4 22 by a two-thirds vote, the state-county relations committee by 4 23 a two-thirds vote, the governor, or the attorney general files 4 24 with the administrative code editor an objection to the 4 25 adoption of any rule pursuant to this subsection, that rule 4 26 shall cease to be effective one hundred eighty days after the 4 27 date the objection was filed. A copy of the objection, 4 28 properly dated, shall be forwarded to the agency at the time 4 29 of filing the objection. In any action contesting a rule 4 30 adopted pursuant to this subsection, the burden of proof shall 4 31 be on the agency to show that the procedures of subsection 1 4 32 were impracticable, unnecessary, or contrary to the public 4 33 interest and that, if a category of rules was involved, the 4 34 category was very narrowly tailored. 4 35 Sec. 5. Section 17A.4, subsection 4, paragraph a, Code 5 1 2001, is amended to read as follows: 5 2 a. If the administrative rules review committee created by 5 3 section 17A.8, the state-county relations committee, the 5 4 governor, or the attorney general finds objection to all or 5 5 some portion of a proposed or adopted rule because that rule 5 6 is deemed to be unreasonable, arbitrary, capricious, or 5 7 otherwise beyond the authority delegated to the agency, the 5 8 committee, governor, or attorney general may, in writing, 5 9 notify the agency of the objection. In the case of a rule 5 10 issued under subsection 2, or a rule made effective under 5 11 section 17A.5, subsection 2, paragraph "b", either of the 5 12committeecommittees, the governor, or the attorney general 5 13 may notify the agency of such an objection. The committee, 5 14 governor, or attorney general shall also file a certified copy 5 15 of such an objection in the office of the administrative code 5 16 editor and a notice to the effect that an objection has been 5 17 filed shall be published in the next issue of the Iowa 5 18 administrative bulletin and in the Iowa administrative code 5 19 when that rule is printed in it. The burden of proof shall 5 20 then be on the agency in any proceeding for judicial review or 5 21 for enforcement of the rule heard subsequent to the filing to 5 22 establish that the rule or portion of the rule timely objected 5 23 to according to the above procedure is not unreasonable, 5 24 arbitrary, capricious, or otherwise beyond the authority 5 25 delegated to it. 5 26 Sec. 6. Section 17A.4, subsection 5, Code 2001, is amended 5 27 to read as follows: 5 28 5. Upon the vote of two-thirds of its members the 5 29 administrative rules review committee or the state-county 5 30 relations committee may delay the effective date of a rule 5 31 seventy days beyond that permitted in section 17A.5, unless 5 32 the rule was promulgated under section 17A.5, subsection 2, 5 33 paragraph "b". This provision shall be utilized by the 5 34committeecommittees only if further time is necessary to 5 35 study and examine the rule. Notice of an effective date that 6 1 was delayed under this provision shall be published in the 6 2 Iowa administrative code and bulletin. 6 3 Sec. 7. Section 17A.4A, subsection 1, Code 2001, is 6 4 amended to read as follows: 6 5 1. An agency shall issue a regulatory analysis of a 6 6 proposed rule that complies with subsection 2, paragraph "a", 6 7 if, within thirty-two days after the published notice of 6 8 proposed rule adoption, a written request for the analysis is 6 9 submitted to the agency by the administrative rules review 6 10 committee, the state-county relations committee, or the 6 11 administrative rules coordinator. An agency shall issue a 6 12 regulatory analysis of a proposed rule that complies with 6 13 subsection 2, paragraph "b", if the rule would have a 6 14 substantial impact on small business and if, within thirty-two 6 15 days after the published notice of proposed rule adoption, a 6 16 written request for analysis is submitted to the agency by the 6 17 administrative rules review committee, the state-county 6 18 relations committee, the administrative rules coordinator, at 6 19 least twenty-five persons signing that request who each 6 20 qualify as a small business or by an organization representing 6 21 at least twenty-five such persons. If a rule has been adopted 6 22 without prior notice and an opportunity for public 6 23 participation in reliance upon section 17A.4, subsection 2, 6 24 the written request for an analysis that complies with 6 25 subsection 2, paragraph "a" or "b", may be made within seventy 6 26 days of publication of the rule. 6 27 Sec. 8. Section 17A.4A, subsection 2, paragraph a, 6 28 subparagraph (3), Code 2001, is amended to read as follows: 6 29 (3) The probable costs to the agency and to any other 6 30 agency of the implementation and enforcement of the proposed 6 31 rule and any anticipated effect on state revenues or, in the 6 32 case of a rule reviewed by the state-county relations 6 33 committee, local government revenues. 6 34 Sec. 9. Section 17A.8, subsection 6, Code 2001, is amended 6 35 to read as follows: 7 1 6. The committee shall meet for the purpose of selectively 7 2 reviewing rules, whether proposed or in effect. However, a 7 3 proposed rule for which a request for review has been received 7 4 by the state-county relations committee shall not be reviewed 7 5 by the administrative rules review committee until the state- 7 6 county relations committee has completed its review of the 7 7 proposed rule. A regular or special committee meeting shall 7 8 be open to the public and an interested person may be heard 7 9 and present evidence. The committee may require a 7 10 representative of an agency whose rule or proposed rule is 7 11 under consideration to attend a committee meeting. 7 12 EXPLANATION 7 13 This bill establishes the state-county relations committee. 7 14 The committee is bipartisan with five members appointed by the 7 15 majority leader of the senate and five members appointed by 7 16 the speaker of the house. The committee is required to meet 7 17 on the second Monday of each month. 7 18 The committee has authority to review a rule that imposes 7 19 an unfunded mandate on local governments if review of the rule 7 20 has been requested by a county board of supervisors. The bill 7 21 provides that the administrative rules review committee shall 7 22 not first review any proposed rule for which a request for 7 23 review has been received by the state-county relations 7 24 committee. The state-county relations committee has the same 7 25 authority as the administrative rules review committee to 7 26 refer a rule to the general assembly, to object to a rule, to 7 27 delay implementation of a rule, and to review existing rules 7 28 at the committee's discretion. 7 29 The bill also provides that the state-county relations 7 30 committee is to conduct a continuing study of county 7 31 consolidation and reorganization. The committee is to report 7 32 its findings every two years to the general assembly. 7 33 LSB 1374HH 79 7 34 sc/cf/24.1
Text: HF00065 Text: HF00067 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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