House File 386HOUSE FILE BY UPMEYER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the legislative review of administrative 2 rules, and rescinding all rules every five years. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2457HH 82 5 jr/es/88 PAG LIN 1 1 Section 1. Section 17A.4, subsection 1, paragraph a, Code 1 2 2007, is amended to read as follows: 1 3 a. Give notice of its intended action by submitting the 1 4 notice to the administrative rules coordinator and the 1 5 administrative code editor. The administrative rules 1 6 coordinator shall assign an ARC number to each rulemaking 1 7 document. The administrative code editor shall publish each 1 8 notice meeting the requirements of this chapter in the Iowa 1 9 administrative bulletin created pursuant to section 17A.6. 1 10 The agency shall also submit a copy of the notice to the 1 11 speaker of the house of representatives and the president of 1 12 the senate who shall refer the rules to the appropriate 1 13 standing committees of the general assembly for additional 1 14 study. Any notice of intended action shall be published at 1 15 least thirty=five days in advance of the action. The notice 1 16 shall include a statement of either the terms or substance of 1 17 the intended action or a description of the subjects and 1 18 issues involved, and the time when, the place where, and the 1 19 manner in which interested persons may present their views. 1 20 Sec. 2. Section 17A.5, subsection 1, Code 2007, is amended 1 21 to read as follows: 1 22 1. Each agency shall file each rule adopted by the agency 1 23 with the office of the administrative rules coordinator and 1 24 provide an exact copy to the administrative code editor. The 1 25 administrative rules coordinator shall assign an ARC number to 1 26 each rulemaking document. The administrative rules 1 27 coordinator shall keep a permanent register of the rules open 1 28 to public inspection. The administrative code editor shall 1 29 publish each rule adopted in accordance with this chapter in 1 30 the Iowa administrative code. The agency shall also submit a 1 31 copy of the adopted rule to the speaker of the house of 1 32 representatives and the president of the senate who shall 1 33 refer the rule to the appropriate standing committees of the 1 34 general assembly for additional study. 1 35 Sec. 3. Section 17A.5, Code 2007, is amended by adding the 2 1 following new subsection: 2 2 NEW SUBSECTION. 3. An administrative rule is rescinded 2 3 five years after the initial effective date of the rule, 2 4 excluding the effective dates of later amendments. For rules 2 5 that are in effect on July 1, 2007, the recision date is July 2 6 1, 2012. 2 7 Sec. 4. Section 17A.6, subsection 3, unnumbered paragraph 2 8 2, Code 2007, is amended to read as follows: 2 9 The administrative code editor shall omit or cause to be 2 10 omitted from the Iowa administrative code any rule or portion 2 11 of a rule nullified by the general assembly pursuant to 2 12 Article III, section 40, of the Constitution of the State of 2 13 Iowa, and shall publish notice of such nullification in the 2 14 bulletin. 2 15 Sec. 5. NEW SECTION. 17A.8A LEGISLATIVE REVIEW OF RULES. 2 16 The standing committees of the house of representatives and 2 17 senate may review any administrative rule. If reviewed, the 2 18 standing committee reviewing the rule shall report to the 2 19 house of representatives or senate its findings and 2 20 recommendations concerning its review. If ordered by the 2 21 speaker of the house of representatives or the president of 2 22 the senate, the report of the committee shall be printed in 2 23 the journal. 2 24 EXPLANATION 2 25 This bill requires administrative agencies to submit copies 2 26 of all proposed and adopted administrative rules to the 2 27 general assembly and would allow standing committees of the 2 28 house of representatives and senate to review any 2 29 administrative rule. As part of the rulemaking process, no 2 30 rule could remain in effect for more than five years. 2 31 LSB 2457HH 82 2 32 jr:rj/es/88