Senate File 2230 - Introduced



                                       SENATE FILE       
                                       BY  ADMINISTRATIVE RULES
                                           REVIEW COMMITTEE


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the approval of emergency rulemaking by the
  2    governor.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5802AS 81
  5 jr/je/5

PAG LIN



  1  1    Section 1.  Section 17A.4, subsection 2, Code 2005, is
  1  2 amended to read as follows:
  1  3    2.  When an agency for good cause finds that notice and
  1  4 public participation would be unnecessary, impracticable, or
  1  5 contrary to the public interest, the provisions of subsection
  1  6 1 shall be inapplicable if the governor or the governor's
  1  7 designee, who is not a member of the agency, has approved the
  1  8 adoption of the rule without notice and public participation.
  1  9 Such approval is not required if a statute specifically
  1 10 authorizes adoption under this subsection.  The agency shall
  1 11 incorporate in each rule issued adopted in reliance upon this
  1 12 provision either the finding and a brief statement of the
  1 13 reasons for the finding, or a statement that the rule is
  1 14 within a very narrowly tailored category of rules whose
  1 15 issuance has previously been exempted from subsection 1 by a
  1 16 special rule relying on this provision and including such a
  1 17 finding and statement of reasons for the entire category, and
  1 18 reciting the approval of the governor or the governor's
  1 19 designee or citing to the statute authorizing the adoption
  1 20 under this subsection.  If the administrative rules review
  1 21 committee by a two=thirds vote, the governor, or the attorney
  1 22 general files with the administrative code editor an objection
  1 23 to the adoption of any rule pursuant to this subsection, that
  1 24 rule shall cease to be effective one hundred eighty days after
  1 25 the date the objection was filed.  A copy of the objection,
  1 26 properly dated, shall be forwarded to the agency at the time
  1 27 of filing the objection.  In any action contesting a rule
  1 28 adopted pursuant to this subsection, the burden of proof shall
  1 29 be on the agency to show that the procedures of subsection 1
  1 30 were impracticable, unnecessary, or contrary to the public
  1 31 interest and that, if a category of rules was involved, the
  1 32 category was very narrowly tailored.
  1 33                           EXPLANATION
  1 34    This bill provides that the adoption of a rule without
  1 35 notice or an opportunity for public participation must be
  2  1 approved by the governor or the governor's designee unless a
  2  2 statute specifically authorizes adoption of the rule on an
  2  3 emergency basis.  That designee cannot be a member of the
  2  4 agency adopting the rule.
  2  5 LSB 5802AS 81
  2  6 jr:rj/je/5