House
File
2030
-
Introduced
HOUSE
FILE
2030
BY
LUKAN
A
BILL
FOR
An
Act
requiring
legislative
and
gubernatorial
approval
of
any
1
administrative
rule
with
a
fiscal
impact
requiring
a
fiscal
2
impact
statement.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
17A.4,
subsection
4,
Code
2011,
is
1
amended
to
read
as
follows:
2
4.
a.
Any
notice
of
intended
action
or
rule
filed
without
3
notice
pursuant
to
subsection
3
,
which
necessitates
additional
4
annual
expenditures
of
at
least
one
hundred
thousand
dollars
or
5
combined
expenditures
of
at
least
five
hundred
thousand
dollars
6
within
five
years
by
all
affected
persons,
including
the
agency
7
itself,
shall
be
accompanied
by
a
fiscal
impact
statement
8
outlining
the
expenditures.
The
agency
shall
promptly
deliver
9
a
copy
of
the
statement
to
the
legislative
services
agency.
10
To
the
extent
feasible,
the
legislative
services
agency
shall
11
analyze
the
statement
and
provide
a
summary
of
that
analysis
12
to
the
administrative
rules
review
committee.
If
the
agency
13
has
made
a
good
faith
effort
to
comply
with
the
requirements
14
of
this
subsection
,
the
rule
shall
not
be
invalidated
on
the
15
ground
that
the
contents
of
the
statement
are
insufficient
or
16
inaccurate.
17
b.
A
rule
which
is
subject
to
the
provisions
of
paragraph
18
“a”
shall
not
become
effective
unless
approved
by
a
joint
19
resolution
passed
by
the
general
assembly
and
approved
by
the
20
governor.
21
(1)
When
such
a
rule
is
adopted,
the
agency
shall
submit
the
22
adopted
rule
to
the
president
of
the
senate
and
the
speaker
of
23
the
house
of
representatives
at
the
next
regular
session
of
the
24
general
assembly.
The
president
of
the
senate
and
the
speaker
25
of
the
house
shall
refer
the
rule
to
the
appropriate
standing
26
committee
of
the
general
assembly.
27
(2)
A
standing
committee
in
receipt
of
such
a
referred
rule
28
shall
review
the
rule
and
may
sponsor
a
joint
resolution
to
29
approve
the
rule
and
specify
an
effective
date
for
the
rule.
30
c.
The
administrative
code
editor
shall
codify
such
a
rule
31
in
the
Iowa
administrative
code
only
when
a
joint
resolution
32
has
been
enacted
approving
the
rule.
33
EXPLANATION
34
Under
the
current
rulemaking
process,
a
proposed
rule
which
35
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has
a
fiscal
impact
of
at
least
$100,000
annually
or
combined
1
impact
of
at
least
$500,000
within
five
years
by
all
affected
2
persons,
including
the
agency
itself,
must
be
accompanied
by
3
a
fiscal
impact
statement
outlining
the
expenditures.
This
4
bill
provides
that
an
adopted
rule
which
has
this
impact
shall
5
not
become
effective
unless
approved
by
a
joint
resolution
6
passed
by
the
general
assembly
and
approved
by
the
governor.
7
The
adopted
rule
will
be
forwarded
to
the
appropriate
standing
8
committees
for
action.
The
administrative
code
editor
will
9
publish
the
rule
in
the
Iowa
administrative
code
only
when
a
10
joint
resolution
has
been
enacted
approving
the
rule.
11
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