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