House File 2139 - Introduced HOUSE FILE BY STRUYK, HUSER, and DANDEKAR Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the review of administrative rules by standing 2 committees of the general assembly. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5490YH 81 5 jr/sh/8 PAG LIN 1 1 Section 1. Section 2.42, Code 2005, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 17. To establish policies with regard to 1 4 the review of administrative rules by the standing committee 1 5 of the senate and house of representatives. These policies 1 6 may include, but are not limited to, assigning agency rules or 1 7 specific topics to particular standing committees and 1 8 establishing a timetable for the conduct of reviews. 1 9 Sec. 2. NEW SECTION. 2.52 REGULATORY REVIEW. 1 10 1. The legislative council may institute no more than two 1 11 regulatory reviews annually. A review may consist of the 1 12 administrative rules of a specific state agency or it may 1 13 consist of selective rules from several agencies which relate 1 14 to a specific subject matter. 1 15 The legislative council shall select the appropriate 1 16 standing committee of the senate or house of representatives 1 17 to conduct the review and establish a timetable for the 1 18 conduct and completion of the review. Notice of a regulatory 1 19 review proceeding and the timetable for that review shall be 1 20 published in the Iowa administrative bulletin. 1 21 2. The standing committee shall conduct the regulatory 1 22 review in one or more public meetings, within the time frame 1 23 established by the legislative council, and in compliance with 1 24 any other requirements specified by the legislative council. 1 25 a. An agency whose rules are subject to a review shall 1 26 designate a representative to participate in the review and 1 27 assist the standing committee as needed. 1 28 b. To the extent practicable, the standing committee shall 1 29 conduct the review in consultation with the affected agency, 1 30 major stakeholders and constituent groups, and the 1 31 administrative rules review committee. 1 32 3. The standing committee shall review rules as follows: 1 33 a. To determine whether they are within the statutory 1 34 authority of the agency and within the legislative intent of 1 35 that statute. 2 1 b. To determine whether the rules are effective and 2 2 efficient in attaining the intended results. 2 3 c. To determine whether the rules impose any undue burden 2 4 on the persons subject to the rules. 2 5 4. At the conclusion of the review, the standing committee 2 6 shall prepare a report summarizing its findings and making any 2 7 recommendations that the standing committee deems appropriate. 2 8 a. Recommendations may include, but are not limited to, 2 9 revisions to the statutory authority of an agency, the 2 10 nullification of a rule, or the amendment of a rule. 2 11 b. The report shall be filed with the legislative council. 2 12 5. The standing committee may sponsor legislation to 2 13 implement its recommendations. Such legislation cannot be 2 14 amended except pursuant to corrective or nonsubstantive 2 15 amendments filed by the standing committee of the senate or 2 16 house of representatives which sponsored or was assigned the 2 17 bill. The consideration of such legislation is not subject to 2 18 any time restrictions relating to committee passage and 2 19 consideration of bills, except as specifically provided by a 2 20 joint rule of the senate and house of representatives. 2 21 EXPLANATION 2 22 This bill empowers the legislative council to institute two 2 23 administrative rules regulatory reviews each year. A review 2 24 may examine the rules of a specific state agency or it may 2 25 examine selective rules from several agencies which relate to 2 26 a specific subject matter. The purpose of the review is to 2 27 ensure that agency rules are within the statutory authority of 2 28 the agency and within the legislative intent of the statute, 2 29 that the rules are effective and efficient, and that the rules 2 30 do not impose an undue burden. 2 31 The review will be conducted by a standing committee of the 2 32 senate or house of representatives, as designated by the 2 33 legislative council. The standing committee may sponsor 2 34 legislation to implement its recommendations. The legislation 2 35 cannot be amended substantively and is not subject to the 3 1 legislative timetable for the passage of bills, except as 3 2 specifically provided in joint rule. 3 3 LSB 5490YH 81 3 4 jr:rj/sh/8