Senate
File
232
-
Introduced
SENATE
FILE
232
BY
McKINLEY
A
BILL
FOR
An
Act
requiring
periodic
review
of
administrative
rules
by
1
administrative
agencies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2431SS
(2)
84
jr/nh
S.F.
232
Section
1.
Section
17A.7,
subsection
2,
Code
2011,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
2.
Over
a
five-year
period
of
time,
an
agency
shall
conduct
4
an
ongoing
and
comprehensive
review
of
all
of
the
agency’s
5
rules.
The
goal
of
the
review
is
the
identification
and
6
elimination
of
all
rules
of
the
agency
that
are
outdated,
7
redundant,
overbroad,
ineffective,
unnecessary,
or
otherwise
8
undesirable.
An
agency
shall
commence
its
review
by
developing
9
a
plan
of
review
in
consultation
with
major
stakeholders
and
10
constituent
groups.
As
part
of
its
review,
an
agency
shall
11
review
existing
policy
and
interpretive
statements
or
similar
12
documents
to
determine
whether
it
would
be
necessary
or
13
appropriate
to
adopt
these
statements
or
documents
as
rules.
14
a.
An
agency
shall
establish
its
five-year
plan
for
review
15
of
its
rules
and
publish
the
plan
in
the
Iowa
administrative
16
bulletin.
17
b.
An
agency’s
plan
for
review
shall
do
all
of
the
18
following:
19
(1)
Contain
a
schedule
that
lists
when
the
review
of
each
20
rule
or
rule
group
will
occur.
21
(2)
State
the
method
by
which
the
agency
will
determine
22
whether
the
rule
under
review
meets
the
criteria
listed
in
this
23
executive
order.
24
(3)
Provide
a
means
for
public
participation
in
the
review
25
process
and
specify
how
interested
persons
may
participate
in
26
the
review.
27
(4)
Identify
instances
where
the
agency
may
require
an
28
exception
to
the
review
requirements.
29
(5)
Provide
a
process
for
ongoing
review
of
rules
after
the
30
initial
five-year
review
period
has
expired.
31
c.
An
agency
shall
consider
all
of
the
following
criteria
32
when
reviewing
its
rules:
33
(1)
The
need
for
the
rule.
34
(2)
The
clarity
of
the
rule.
35
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232
(3)
The
intent
and
legal
authority
for
the
rule.
1
(4)
The
qualitative
and
quantitative
benefits
and
costs
of
2
the
rule.
3
(5)
The
fairness
of
the
rule.
4
d.
When
an
agency
completes
its
five-year
review
of
its
5
rules,
the
agency
shall
provide
a
summary
of
the
results
to
the
6
administrative
rules
coordinator
and
the
administrative
rules
7
review
committee.
8
EXPLANATION
9
This
bill
requires
that
each
state
agency
review
all
of
its
10
administrative
rules
on
a
five-year
cycle.
The
plan
for
this
11
review
must
be
developed
in
consultation
with
stakeholders
12
and
constituent
groups.
The
goal
of
the
review
is
the
13
identification
and
elimination
of
all
rules
of
the
agency
that
14
are
outdated,
redundant,
overbroad,
ineffective,
unnecessary,
15
or
otherwise
undesirable.
16
-2-
LSB
2431SS
(2)
84
jr/nh
2/
2