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
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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
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