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House File 66

Partial Bill History

Bill Text

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 12 committee committees, 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 34 committee committees 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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