SENATE FILE 366

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 232)

A BILL FOR

An Act requiring periodic review of administrative rules by administrative agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 17A.7, subsection 2, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  Over a five-year period of time, an agency shall conduct an ongoing and comprehensive review of all of the agency’s rules. The goal of the review is the identification and elimination of all rules of the agency that are outdated, redundant, overbroad, ineffective, unnecessary, or otherwise undesirable. An agency shall commence its review by developing a plan of review in consultation with major stakeholders and constituent groups. As part of its review, an agency shall review existing policy and interpretive statements or similar documents to determine whether it would be necessary or appropriate to adopt these statements or documents as rules.
   a.  An agency shall establish its five-year plan for review of its rules and publish the plan in the Iowa administrative bulletin.
   b.  An agency’s plan for review shall do all of the following:
   (1)  Contain a schedule that lists when the review of each rule or rule group will occur.
   (2)  State the method by which the agency will determine whether the rule under review meets the criteria listed in this section.
   (3)  Provide a means for public participation in the review process and specify how interested persons may participate in the review.
   (4)  Identify instances where the agency may require an exception to the review requirements.
   (5)  Provide a process for ongoing review of rules after the initial five-year review period has expired.
   c.  An agency shall consider all of the following criteria when reviewing its rules:
   (1)  The need for the rule.
   (2)  The clarity of the rule.
   (3)  The intent and legal authority for the rule.
   (4)  The qualitative and quantitative benefits and costs of the rule.
   (5)  The fairness of the rule.
   d.  When an agency completes its five-year review of its rules, the agency shall provide a summary of the results to the administrative rules coordinator and the administrative rules review committee.
EXPLANATION
   This bill requires that each state agency review all of its administrative rules on a five-year cycle. The plan for this review must be developed in consultation with stakeholders and constituent groups. The goal of the review is the identification and elimination of all rules of the agency that are outdated, redundant, overbroad, ineffective, unnecessary, or otherwise undesirable.