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 of two=thirds a 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 of two=thirds a 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