House File 435 - Introduced
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 1868YH 83
5 jr/rj/14
PAG LIN
1 1 Section 1. Section 17A.4, subsection 1, paragraph a, Code
1 2 2009, 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 2009, 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 adopted rules to the speaker of the house of
1 32 representatives and the president of the senate who shall
1 33 refer the rules to the appropriate standing committees of the
1 34 general assembly for additional study.
1 35 Sec. 3. Section 17A.5, Code 2009, 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, 2009, the recision date is July
2 6 1, 2014.
2 7 Sec. 4. Section 17A.6, subsection 3, paragraph b, Code
2 8 2009, is amended to read as follows:
2 9 b. The administrative code editor shall omit or cause to
2 10 be omitted from the Iowa administrative code any rule or
2 11 portion of a rule nullified by the general assembly pursuant
2 12 to Article III, section 40, of the Constitution of the State
2 13 of 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 1868YH 83
2 32 jr/rj/14