House Study Bill 650

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            STATE GOVERNMENT BILL
                                            BY CHAIRPERSON ELGIN)


    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 6419HC 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 6419HC 80
  2  1 jr/sh/8