House File 386 



                                       HOUSE 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