House File 2220 - Introduced HOUSE FILE 2220 BY UPMEYER A BILL FOR An Act relating to the legislative review of administrative 1 rules, and rescinding all rules every five years. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6064YH (3) 83 jr/rj
H.F. 2220 Section 1. Section 17A.4, subsection 1, paragraph a, Code 1 2009, is amended to read as follows: 2 a. Give notice of its intended action by submitting 3 the notice to the administrative rules coordinator and 4 the administrative code editor. The administrative rules 5 coordinator shall assign an ARC number to each rulemaking 6 document. The administrative code editor shall publish each 7 notice meeting the requirements of this chapter in the Iowa 8 administrative bulletin created pursuant to section 17A.6. 9 The agency shall also submit a copy of the notice to the 10 speaker of the house of representatives and the president 11 of the senate who shall refer the rules to the appropriate 12 standing committees of the general assembly for additional 13 study. Any notice of intended action shall be published at 14 least thirty-five days in advance of the action. The notice 15 shall include a statement of either the terms or substance of 16 the intended action or a description of the subjects and issues 17 involved, and the time when, the place where, and the manner in 18 which interested persons may present their views. 19 Sec. 2. Section 17A.5, subsection 1, Code 2009, is amended 20 to read as follows: 21 1. Each agency shall file each rule adopted by the agency 22 with the office of the administrative rules coordinator and 23 provide an exact copy to the administrative code editor. The 24 administrative rules coordinator shall assign an ARC number to 25 each rulemaking document. The administrative rules coordinator 26 shall keep a permanent register of the rules open to public 27 inspection. The administrative code editor shall publish 28 each rule adopted in accordance with this chapter in the Iowa 29 administrative code. The agency shall also submit a copy of 30 the adopted rule to the speaker of the house of representatives 31 and the president of the senate who shall refer the rule to the 32 appropriate standing committees of the general assembly for 33 additional study. 34 Sec. 3. Section 17A.5, Code 2009, is amended by adding the 35 -1- LSB 6064YH (3) 83 jr/rj 1/ 2
H.F. 2220 following new subsection: 1 NEW SUBSECTION . 3. An administrative rule is rescinded five 2 years after the initial effective date of the rule, excluding 3 the effective dates of later amendments. For rules that are in 4 effect on July 1, 2010, the recision date is July 1, 2015. 5 Sec. 4. Section 17A.6, subsection 3, paragraph b, Code 2009, 6 is amended to read as follows: 7 b. The administrative code editor shall omit or cause to be 8 omitted from the Iowa administrative code any rule or portion 9 of a rule nullified by the general assembly pursuant to Article 10 III, section 40, of the Constitution of the State of Iowa , and 11 shall publish notice of such nullification in the bulletin . 12 Sec. 5. NEW SECTION . 17A.8A Legislative review of rules. 13 The standing committees of the house of representatives and 14 senate may review any administrative rule. If reviewed, the 15 standing committee reviewing the rule shall report to the house 16 of representatives or senate its findings and recommendations 17 concerning its review. If ordered by the speaker of the house 18 of representatives or the president of the senate, the report 19 of the committee shall be printed in the journal. 20 EXPLANATION 21 This bill requires administrative agencies to submit copies 22 of all proposed and adopted administrative rules to the general 23 assembly and would allow standing committees of the house of 24 representatives and senate to review any administrative rule. 25 As part of the rulemaking process, no rule could remain in 26 effect for more than five years. 27 -2- LSB 6064YH (3) 83 jr/rj 2/ 2