Senate File 66 - Introduced



                                       SENATE FILE       
                                       BY  McKINLEY


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

                                      A BILL FOR

  1 An Act requiring periodic review of administrative rules by
  2    administrative agencies.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1884SS 81
  5 jr/cf/24

PAG LIN



  1  1    Section 1.  Section 17A.7, subsection 2, Code 2005, is
  1  2 amended by striking the subsection and inserting in lieu
  1  3 thereof the following:
  1  4    2.  Over a five=year period of time, an agency shall
  1  5 conduct an ongoing and comprehensive review of all of the
  1  6 agency's rules.  The goal of the review is the identification
  1  7 and elimination of all rules of the agency that are outdated,
  1  8 redundant, overbroad, ineffective, unnecessary, or otherwise
  1  9 undesirable.  An agency shall commence its review by
  1 10 developing a plan of review in consultation with major
  1 11 stakeholders and constituent groups.  As part of its review,
  1 12 an agency shall review existing policy and interpretive
  1 13 statements or similar documents to determine whether it would
  1 14 be necessary or appropriate to adopt these statements or
  1 15 documents as rules.
  1 16    a.  An agency shall establish its five=year plan for review
  1 17 of its rules and publish the plan in the Iowa administrative
  1 18 bulletin.
  1 19    b.  An agency's plan for review shall do all of the
  1 20 following:
  1 21    (1)  Contain a schedule that lists when the review of each
  1 22 rule or rule group will occur.
  1 23    (2)  State the method by which the agency will determine
  1 24 whether the rule under review meets the criteria listed in
  1 25 this executive order.
  1 26    (3)  Provide a means for public participation in the review
  1 27 process and specify how interested persons may participate in
  1 28 the review.
  1 29    (4)  Identify instances where the agency may require an
  1 30 exception to the review requirements.
  1 31    (5)  Provide a process for ongoing review of rules after
  1 32 the initial five=year review period has expired.
  1 33    c.  An agency shall consider all of the following criteria
  1 34 when reviewing its rules:
  1 35    (1)  The need for the rule.
  2  1    (2)  The clarity of the rule.
  2  2    (3)  The intent and legal authority for the rule.
  2  3    (4)  The qualitative and quantitative benefits and costs of
  2  4 the rule.
  2  5    (5)  The fairness of the rule.
  2  6    d.  When an agency completes its five=year review of its
  2  7 rules, the agency shall provide a summary of the results to
  2  8 the administrative rules coordinator and the administrative
  2  9 rules review committee.
  2 10                           EXPLANATION
  2 11    This bill requires that each state agency review all of its
  2 12 administrative rules on a five=year cycle.  The plan for this
  2 13 review must be developed in consultation with stakeholders and
  2 14 constituent groups.  The goal of the review is the
  2 15 identification and elimination of all rules of the agency that
  2 16 are outdated, redundant, overbroad, ineffective, unnecessary,
  2 17 or otherwise undesirable.
  2 18    The bill is based on the provisions of executive order
  2 19 number 8 issued by the governor on September 14, 1999.
  2 20 LSB 1884SS 81
  2 21 jr:rj/cf/24