House Study Bill 756 HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON PAULSEN) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the voting requirements for actions by the 2 administrative rules review committee. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6552YC 81 5 jr/je/5 PAG LIN 1 1 Section 1. Section 17A.4, subsection 6, Code 2005, is 1 2 amended to read as follows: 1 3 6. Upon the vote oftwo=thirdsa majority of its members 1 4 the administrative rules review committee may delay the 1 5 effective date of a rule seventy days beyond that permitted in 1 6 section 17A.5, unless the rule was promulgated under section 1 7 17A.5, subsection 2, paragraph "b". This provision shall be 1 8 utilized by the committee only if further time is necessary to 1 9 study and examine the rule. Notice of an effective date that 1 10 was delayed under this provision shall be published in the 1 11 Iowa administrative code and bulletin. 1 12 Sec. 2. Section 17A.8, subsection 9, Code 2005, is amended 1 13 to read as follows: 1 14 9. Upon a vote oftwo=thirdsa majority of its members, 1 15 the administrative rules review committee may delay the 1 16 effective date of a rule until the adjournment of the next 1 17 regular session of the general assembly. The committee shall 1 18 refer a rule whose effective date has been delayed to the 1 19 speaker of the house of representatives and the president of 1 20 the senate who shall refer the rule to the appropriate 1 21 standing committees of the general assembly. A standing 1 22 committee shall review a rule within twenty=one days after the 1 23 rule is referred to the committee by the speaker of the house 1 24 of representatives or the president of the senate and shall 1 25 take formal committee action by sponsoring a joint resolution 1 26 to disapprove the rule, by proposing legislation relating to 1 27 the rule, or by refusing to propose a joint resolution or 1 28 legislation concerning the rule. The standing committee shall 1 29 inform the administrative rules review committee of the 1 30 committee action taken concerning the rule. If the general 1 31 assembly has not disapproved of the rule by a joint 1 32 resolution, the rule shall become effective. The speaker of 1 33 the house of representatives and the president of the senate 1 34 shall notify the administrative code editor of the final 1 35 disposition of each rule delayed pursuant to this subsection. 2 1 If a rule is disapproved, it shall not become effective and 2 2 the agency shall rescind the rule. This section shall not 2 3 apply to rules made effective under section 17A.5, subsection 2 4 2, paragraph "b". 2 5 EXPLANATION 2 6 The administrative rules review committee has two powers 2 7 that enable it to delay the effective date of proposed rules. 2 8 Both powers must be exercised prior to the effective date of 2 9 the proposed rule. In both cases the delay must be imposed by 2 10 a vote of two=thirds, or seven of the committee's 10 members. 2 11 This bill would reduce that requirement to a majority, or six 2 12 of the 10 members. 2 13 LSB 6552YC 81 2 14 jr:nh/je/5