House File 2200 - Introduced HOUSE FILE 2200 BY WATTS , DEYOE , HELLAND , SANDS , SODERBERG , COWNIE , DRAKE , WORTHAN , BRANDENBURG , IVERSON , ARNOLD , GARRETT , PEARSON , MASSIE , WINDSCHITL , TJEPKES , ROGERS , LOFGREN , WAGNER , KOESTER , FRY , J. SMITH , BAUDLER , VAN ENGELENHOVEN , JORGENSEN , HANUSA , HAGER , SWEENEY , S. OLSON , L. MILLER , ALONS , HUSEMAN , FORRISTALL , RAYHONS , HAGENOW , SCHULTZ , and DE BOEF A BILL FOR An Act providing for legislative and gubernatorial approval of 1 administrative rules. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5380YH (6) 84 jr/rj

H.F. 2200 Section 1. Section 17A.5, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. Commencing July 1, 2012, a rulemaking 3 action to adopt, amend, or repeal a rule shall be effective for 4 only one year after the effective date of such action, unless 5 such action is approved by a joint resolution or bill passed by 6 the general assembly and approved by the governor. 7 a. An agency shall submit a rulemaking action to adopt, 8 amend, or repeal a rule to the president of the senate and the 9 speaker of the house of representatives at the next regular 10 session of the general assembly. The president and the speaker 11 shall refer such action to the appropriate standing committees 12 of the general assembly. 13 b. A standing committee shall review such rulemaking 14 actions referred to the committee and may take formal committee 15 action by sponsoring a joint resolution or bill to approve 16 the rulemaking actions. Rulemaking actions may be approved 17 either individually or grouped together in one or more joint 18 resolutions or bills. 19 c. If a joint resolution or bill is not enacted to approve 20 such a rulemaking action within the one-year period, the 21 president of the senate and the speaker of the house of 22 representatives shall notify the agency and the administrative 23 code editor. The administrative code editor shall promptly 24 remove from the Iowa administrative code a rule or portion of a 25 rule that has expired pursuant to this subsection. 26 d. The expiration of a rule pursuant to this subsection 27 does not restore any rule language that existed prior to the 28 original rulemaking action. The agency may readopt that 29 prior rule language, without notice or opportunity for public 30 participation, effective immediately upon filing with the 31 administrative rules coordinator. 32 EXPLANATION 33 This bill provides that any new agency rulemaking action 34 to adopt, amend, or repeal a rule will expire one year after 35 -1- LSB 5380YH (6) 84 jr/rj 1/ 2

H.F. 2200 the rule’s effective date, unless that rule is approved by 1 a joint resolution or bill, approved by the governor. Each 2 agency adopting, amending, or repealing a rule must submit such 3 a rulemaking action to the president of the senate and the 4 speaker of the house of representatives at the next regular 5 legislative session. The rulemaking action is to be forwarded 6 to the appropriate standing committee, which may sponsor a 7 joint resolution or bill to approve the rulemaking action. 8 Rulemaking actions may be approved either individually or 9 grouped together in one or more joint resolutions or bills. 10 If a joint resolution or bill is not enacted to approve the 11 rulemaking action within the one-year period, the president 12 of the senate and the speaker of the house of representatives 13 shall notify the agency and the administrative code editor. 14 The administrative code editor shall promptly remove from the 15 Iowa administrative code the rule or portion of the rule that 16 has expired. 17 The agency is permitted to replace the expired rule 18 language with the prior language of that rule, using emergency 19 rulemaking procedures. 20 -2- LSB 5380YH (6) 84 jr/rj 2/ 2