House File 2394 - Introduced
HOUSE FILE
BY ADMINISTRATIVE RULES REVIEW
COMMITTEE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the procedures for filing administrative
2 rules.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5668AH 81
5 jr/je/5
PAG LIN
1 1 Section 1. Section 7.17, Code 2005, is amended to read as
1 2 follows:
1 3 7.17 OFFICE OF ADMINISTRATIVE RULES CO=ORDINATOR
1 4 COORDINATOR.
1 5 1. The governor shall establish the office of the
1 6 administrative rules co=ordinator coordinator, and appoint its
1 7 staff, which shall be a part of the governor's office. The
1 8 administrative rules co=ordinator coordinator shall receive
1 9 all notices and rules adopted pursuant to chapter 17A and
1 10 provide the governor with an opportunity to review and object
1 11 to any rule as provided in chapter 17A.
1 12 2. The In consultation with the administrative rules co=
1 13 ordinator in consultation with coordinator, the administrative
1 14 code editor shall prescribe a uniform style and form by which
1 15 an agency shall prepare and file a rule pursuant to chapter
1 16 17A, which shall correlate each rule to a uniform numbering
1 17 system devised by the administrative rules co=ordinator code
1 18 editor and which shall provide for electronic filing and
1 19 publication of the rules from the database used to produce the
1 20 official publications of the administrative rules of this
1 21 state. The administrative rules co=ordinator code editor
1 22 shall review all submitted rules for style and form and notify
1 23 the administrative rules coordinator if a rule is not in
1 24 proper style or form as provided in section 2B.5, and may
1 25 return or revise a rule which is not in proper style and form.
1 26 In prescribing the The style and form, the administrative
1 27 rules co=ordinator prescribed shall require that the agency
1 28 include a reference to the statute which the rules are
1 29 intended to implement.
1 30 Sec. 2. Section 17A.4, subsection 1, paragraph a, Code
1 31 2005, is amended to read as follows:
1 32 a. Give notice of its intended action by submitting three
1 33 copies of the notice to the administrative rules coordinator,
1 34 who and the administrative code editor. The administrative
1 35 rules coordinator shall assign an ARC number to each
2 1 rulemaking document and forward two copies to the. The
2 2 administrative code editor for publication shall publish each
2 3 notice meeting the requirements of this chapter in the Iowa
2 4 administrative bulletin created pursuant to section 17A.6.
2 5 Any notice of intended action shall be published at least
2 6 thirty=five days in advance of the action. The notice shall
2 7 include a statement of either the terms or substance of the
2 8 intended action or a description of the subjects and issues
2 9 involved, and the time when, the place where, and the manner
2 10 in which interested persons may present their views.
2 11 Sec. 3. Section 17A.5, subsection 1, Code 2005, is amended
2 12 to read as follows:
2 13 1. Each agency shall file in each rule adopted by the
2 14 agency with the office of the administrative rules coordinator
2 15 three certified copies of each rule adopted by it and provide
2 16 an exact copy to the administrative code editor. The
2 17 administrative rules coordinator shall assign an ARC number to
2 18 each rulemaking document and forward two copies to the
2 19 administrative code editor. The administrative rules
2 20 coordinator shall keep a permanent register of the rules open
2 21 to public inspection. The administrative code editor shall
2 22 publish each rule adopted in accordance with this chapter in
2 23 the Iowa administrative code.
2 24 Sec. 4. Section 17A.6, subsection 2, Code 2005, is amended
2 25 to read as follows:
2 26 2. Subject to the direction of In consultation with the
2 27 administrative rules coordinator, the administrative code
2 28 editor shall cause the Iowa administrative code to be
2 29 compiled, indexed, and published in accordance with section
2 30 2.42 in a form containing all rules adopted and filed by each
2 31 agency. The administrative code editor further shall cause
2 32 publish supplements to the Iowa administrative code to be
2 33 published as determined by the administrative rules
2 34 coordinator and the administrative rules review committee,
2 35 containing all rules filed for publication in the prior time
3 1 period. The supplements shall be in such form that they may
3 2 be inserted in the appropriate places in the permanent
3 3 compilation. The administrative rules coordinator code editor
3 4 shall devise a uniform numbering system for rules and may
3 5 renumber rules before publication to conform with the system.
3 6 EXPLANATION
3 7 This bill relates to the filing of proposed and adopted
3 8 administrative rules by executive branch agencies with the
3 9 administrative rules coordinator. The bill strikes the
3 10 requirement that filings be accomplished through the
3 11 submission of printed copies of the filings, therefore
3 12 allowing for the submission of electronic filings. In
3 13 accordance with Code section 2B.5, the bill makes the
3 14 administrative code editor primarily responsible for assuring
3 15 that submitted rules are in the proper style and form but
3 16 retains the administrative code editor's responsibility to
3 17 notify the administrative rules coordinator if a rule is not
3 18 in proper style or form. The bill also requires the
3 19 administrative code editor to publish rules if the rules
3 20 submissions meet the filing requirements of Code chapter 17A.
3 21 LSB 5668AH 81
3 22 jr:rj/je/5