H.F. 2213 Section 1. Section 17A.4, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. a. When an agency for good cause finds that notice and 3 public participation would be unnecessary, impracticable, or 4 contrary to the public interest, the provisions of subsection 1 5 shall be inapplicable. The agency shall incorporate in each 6 rule issued in reliance upon this provision either the finding 7 and a brief statement of the reasons for the finding, or a 8 statement that the rule is within a very narrowly tailored 9 category of rules whose issuance has previously been exempted 10 from subsection 1 by a special rule relying on this provision 11 and including such a finding and statement of reasons for the 12 entire category. 13 b. (1) If the administrative rules review committee by 14 a two-thirds vote, the governor, or the attorney general 15 files with the administrative code editor an objection to the 16 adoption of any a rule or portion of a rule pursuant to this 17 subsection , that the rule or portion of the rule shall cease 18 to be effective one hundred eighty days after the date the 19 objection was filed. A 20 (2) If the administrative rules review committee files with 21 the administrative code editor an objection to the adoption of 22 a rule or portion of a rule pursuant to this subsection, the 23 administrative rules review committee, by a separate two-thirds 24 vote, may suspend the applicability of the rule or portion 25 of the rule until the rule ceases to be effective under this 26 paragraph “b” . The determination to suspend the applicability 27 of the rule or portion of the rule shall be included in the copy 28 of the objection to be forwarded to the agency. 29 c. If an objection to a rule is filed under this subsection, 30 a copy of the objection, properly dated, shall be forwarded to 31 the agency at the time of filing the objection. In any action 32 contesting a rule or portion of a rule adopted pursuant to 33 this subsection , the burden of proof shall be on the agency to 34 show that the procedures of subsection 1 were impracticable, 35 -1- LSB 5463YH (6) 84 ec/rj 1/ 6

H.F. 2213 unnecessary, or contrary to the public interest and that, if a 1 category of rules was involved, the category was very narrowly 2 tailored. 3 Sec. 2. Section 17A.4, subsection 7, Code 2011, is amended 4 to read as follows: 5 7. a. Upon the vote of two-thirds of its members the 6 administrative rules review committee may delay the effective 7 date of a rule or portion of a rule seventy days beyond that 8 permitted in section 17A.5 , unless the rule was promulgated 9 under section 17A.5, subsection 2 , paragraph “b” . This 10 provision shall be utilized by the committee only if further 11 time is necessary to study and examine the rule. If the 12 rule was promulgated under section 17A.5, subsection 2, 13 paragraph “b” , the administrative rules review committee, 14 within thirty-five days of the effective date of the rule and 15 upon the vote of two-thirds of its members, may suspend the 16 applicability of the rule or portion of the rule for seventy 17 days. 18 b. Notice of an effective date that was delayed under this 19 provision shall be published in the Iowa administrative code 20 and bulletin. 21 Sec. 3. Section 17A.4, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 9. Upon the vote of two-thirds of its 24 members, the administrative rules review committee, following 25 notice of intended action as provided in subsection 1 and prior 26 to adoption of a rule pursuant to that notice, may suspend 27 further action relating to that notice for seventy days. 28 Notice of a notice of intended action that was suspended under 29 this provision shall be published in the Iowa administrative 30 code and bulletin. 31 Sec. 4. Section 17A.8, subsection 4, Code 2011, is amended 32 to read as follows: 33 4. a. The committee shall choose a chairperson from its 34 membership and prescribe its rules of procedure. The committee 35 -2- LSB 5463YH (6) 84 ec/rj 2/ 6

H.F. 2213 may employ a secretary or may appoint the administrative code 1 editor or a designee to act as secretary. 2 b. The chairperson of the committee shall be chosen as 3 provided in this paragraph. For the term commencing with the 4 convening of the first regular session of each general assembly 5 and ending upon the convening of the second regular session 6 of that general assembly, the chairperson shall be chosen by 7 the committee from its members who are members of the house of 8 representatives. For the term commencing with the convening 9 of the second regular session of each general assembly and 10 ending upon the convening of the first regular session of the 11 next general assembly, the chairperson shall be chosen by the 12 committee from its members who are members of the senate. A 13 vacancy shall be filled in the same manner as the original 14 appointment and shall be for the remainder of the unexpired 15 term of the vacancy. 16 Sec. 5. Section 17A.8, subsection 9, Code 2011, is amended 17 to read as follows: 18 9. a. Upon a vote of two-thirds of its members, the 19 administrative rules review committee may delay the effective 20 date of a rule or portion of a rule until the adjournment 21 of the next regular session of the general assembly , unless 22 the rule was promulgated under section 17A.5, subsection 2, 23 paragraph “b” . If the rule was promulgated under section 24 17A.5, subsection 2, paragraph “b” , the administrative rules 25 review committee, within thirty-five days of the effective date 26 of the rule and upon the vote of two-thirds of its members, 27 may suspend the applicability of the rule or portion of the 28 rule until the adjournment of the next regular session of the 29 general assembly. 30 b. The committee shall refer a rule or portion of a rule 31 whose effective date has been delayed or applicability has 32 been suspended to the speaker of the house of representatives 33 and the president of the senate who shall refer the delayed 34 or suspended rule or portion of the rule to the appropriate 35 -3- LSB 5463YH (6) 84 ec/rj 3/ 6

H.F. 2213 standing committees of the general assembly. A standing 1 committee shall review a the rule within twenty-one days 2 after the rule is referred to the committee by the speaker 3 of the house of representatives or the president of the 4 senate and shall take formal committee action by sponsoring 5 a joint resolution to disapprove the rule, by proposing 6 legislation relating to the rule, or by refusing to propose 7 a joint resolution or legislation concerning the rule. The 8 standing committee shall inform the administrative rules review 9 committee of the committee action taken concerning the rule. 10 If the general assembly has not disapproved of the rule by a 11 joint resolution, the rule shall become effective. The speaker 12 of the house of representatives and the president of the senate 13 shall notify the administrative code editor of the final 14 disposition of each rule or portion of a rule whose effective 15 date has been delayed or whose applicability has been suspended 16 pursuant to this subsection . If a the rule is disapproved, it 17 the rule shall not become be effective and the agency shall 18 rescind the rule. This section shall not apply to rules made 19 effective under section 17A.5, subsection 2 , paragraph “b” . 20 EXPLANATION 21 This bill concerns the administrative rules review committee 22 (ARRC) relative to its powers concerning the rulemaking process 23 and the process of selecting a chairperson of the committee. 24 Code section 17A.4(3), concerning the adoption of a rule 25 without notice, is amended to provide that if the ARRC, upon 26 a two-thirds vote, objects to a rule, the ARRC, by a separate 27 two-thirds vote, may also suspend the applicability of the rule 28 until the rule ceases to be effective. In addition, the bill 29 provides that the ARRC may object to a portion of a rule. Under 30 current law, the rule ceases to be effective 180 days after the 31 date the objection is filed by the ARRC. 32 Code section 17A.4(7), concerning the 70-day delay 33 authority of the ARRC, is amended to provide that the ARRC 34 may, upon a two-thirds vote, suspend the applicability of a 35 -4- LSB 5463YH (6) 84 ec/rj 4/ 6

H.F. 2213 rule promulgated under Code section 17A.5(2)(b), (so-called 1 emergency rulemaking) for 70 days. The bill provides that 2 action to suspend the applicability of a rule under this new 3 provision must be taken within 35 days of the effective date 4 of the rule. In addition, the bill provides that the ARRC may 5 utilize the 70-day delay authority regardless of the reason 6 for the delay and for a portion of a rule. Under current law, 7 rules promulgated under Code section 17A.5(2)(b) take effect 8 upon filing and are not subject to the 70-day delay authority 9 of the ARRC. 10 Code section 17A.4, new subsection 9, provides that the 11 ARRC, upon a two-thirds vote, may suspend for 70 days further 12 action relating to a notice of intended action filed by an 13 agency. Under current law, the ARRC has no authority relating 14 to a notice of intended action filed with the ARRC until the 15 adopted rule is filed with the ARRC following this notice. 16 Code section 17A.8(4), concerning the selection of the 17 chairperson of the ARRC, is amended. The bill provides that 18 the chairperson for the term commencing with the convening 19 of the first regular session of each general assembly and 20 ending upon the convening of the second regular session of that 21 general assembly shall be chosen by the committee from its 22 members who are members of the house of representatives. The 23 chairperson for the term commencing with the convening of the 24 second regular session of each general assembly and ending upon 25 the convening of the first regular session of the next general 26 assembly shall be chosen by the committee from its members 27 who are members of the senate. Current law provides that the 28 chairperson shall be selected by the ARRC from the membership 29 of the ARRC. 30 Code section 17A.8(9), concerning the session delay 31 authority of the ARRC, is amended to provide that the ARRC, 32 upon a two-thirds vote, may suspend the applicability of 33 a rule promulgated under Code section 17A.5(2)(b), until 34 the adjournment of the next regular session of the general 35 -5- LSB 5463YH (6) 84 ec/rj 5/ 6

H.F. 2213 assembly. The bill also provides that action to suspend the 1 applicability of a rule under this new provision must be taken 2 within 35 days of the effective date of the rule. In addition, 3 the bill provides that the ARRC may utilize the session delay 4 authority for a portion of a rule. Under current law, rules 5 promulgated under Code section 17A.5(2)(b) take effect upon 6 filing and are not subject to the session delay authority of 7 the ARRC. 8 -6- LSB 5463YH (6) 84 ec/rj 6/ 6