S.J.R. 2002 Section 1. Article III of the Constitution of the State of 1 Iowa is amended by adding the following new section: 2 Administrative rules review committee. SEC. 41. 3 1. For the purposes of this section: 4 a. “Administrative rule” means each state agency statement 5 of general applicability that implements, interprets, or 6 prescribes law or policy, or that describes the organization, 7 procedure, or practice requirements of any state agency. 8 “Administrative rule” includes an executive order or directive 9 of the governor that creates a state agency or establishes a 10 program or that transfers a program between state agencies 11 established by statute or administrative rule. “Administrative 12 rule” includes a portion of an administrative rule or the 13 amendment or repeal of an existing administrative rule. The 14 general assembly may provide by law for exclusions from this 15 definition. 16 b. “State agency” means each board, commission, department, 17 officer, or other administrative office or unit of the state. 18 “State agency” does not include the general assembly, the 19 judicial branch or any of its components, the governor, or a 20 political subdivision of the state or its offices and units. 21 The general assembly may provide by law for exclusions from 22 this definition. 23 2. An administrative rules review committee is created in 24 the legislative department, to consist of an equal number of 25 members of each house of the general assembly, for the purpose 26 of providing oversight of powers and duties delegated to state 27 agencies. The general assembly shall provide by law for the 28 implementation of this section, including but not limited to 29 procedures for the committee to exercise its powers. 30 3. A state agency shall not adopt an administrative rule 31 without notice or public participation unless explicitly 32 granted authority to adopt such administrative rule without 33 notice or public participation by law or unless the committee 34 determines that notice and public participation would be 35 -1- LSB 5172XS (3) 85 je/rj 1/ 6

S.J.R. 2002 unnecessary, impracticable, or contrary to the public interest. 1 4. The powers of the committee include but are not limited 2 to the following: 3 a. Suspending further action by a state agency prior to 4 adoption of a proposed administrative rule for a period of time 5 no longer than seventy days as provided by law. 6 b. Requiring a state agency to complete and publish 7 a regulatory analysis of a proposed administrative rule, 8 detailing costs, benefits, and alternative methods for 9 achieving the purpose of the administrative rule, before the 10 state agency adopts the administrative rule. The committee 11 may also require a state agency to complete and publish a 12 regulatory analysis of an administrative rule adopted by the 13 state agency without notice or public participation. 14 c. Objecting to the adoption of an administrative rule by 15 a state agency without notice or public participation. The 16 administrative rule shall cease to be effective after a period 17 of time subsequent to the objection as provided by law. The 18 committee may also suspend the implementation or enforcement of 19 the administrative rule until the administrative rule ceases 20 to be effective. In any proceeding for judicial review or for 21 enforcement of the administrative rule heard subsequent to the 22 objection, the burden of proof shall be on the state agency 23 to establish that allowing for notice or public participation 24 before adopting the administrative rule was impracticable, 25 unnecessary, or contrary to the public interest. If the state 26 agency fails to meet the burden of proof prescribed for the 27 administrative rule, the court shall declare the administrative 28 rule invalid. 29 d. Suspending the implementation or enforcement of an 30 administrative rule adopted by a state agency for a period 31 of time no later than the adjournment of the next regular 32 session of the general assembly as provided by law, if the 33 effective date of such administrative rule occurred sooner than 34 thirty-five days after the administrative rule was officially 35 -2- LSB 5172XS (3) 85 je/rj 2/ 6

S.J.R. 2002 published as provided by law. 1 e. Delaying the effective date of an administrative rule 2 proposed by a state agency for a period of time no later than 3 the adjournment of the next regular session of the general 4 assembly as provided by law. 5 f. Objecting to an administrative rule proposed or adopted 6 by a state agency if the committee deems the administrative 7 rule unreasonable, arbitrary, capricious, or otherwise 8 beyond the authority delegated to the state agency. In any 9 proceeding for judicial review or for enforcement of the 10 administrative rule heard subsequent to the objection, the 11 burden of proof shall be on the state agency to establish 12 that the administrative rule is not unreasonable, arbitrary, 13 capricious, or otherwise beyond the authority delegated to the 14 state agency. If the state agency fails to meet the burden 15 of proof prescribed for the administrative rule, the court 16 shall declare the administrative rule invalid and judgment 17 shall be rendered against the state agency for court costs and 18 reasonable attorney fees. 19 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 20 amendment to the Constitution of the State of Iowa is referred 21 to the general assembly to be chosen at the next general 22 election for members of the general assembly, and the secretary 23 of state is directed to cause the proposed amendment to be 24 published for three consecutive months previous to the date of 25 that election as provided by law. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This joint resolution proposes an amendment to the 30 Constitution of the State of Iowa creating an administrative 31 rules review committee in the legislative department and 32 granting the committee powers. 33 The resolution creates an administrative rules review 34 committee in the legislative branch, to consist of an equal 35 -3- LSB 5172XS (3) 85 je/rj 3/ 6

S.J.R. 2002 number of members of each house of the general assembly, 1 for the purpose of providing oversight of powers and duties 2 delegated to state agencies. The resolution directs the 3 general assembly to provide by law for implementation of the 4 resolution, including but not limited to procedures for the 5 committee to exercise its powers. 6 The resolution defines “administrative rule” as each state 7 agency statement of general applicability that implements, 8 interprets, or prescribes law or policy, or that describes 9 the organization, procedure, or practice requirements of any 10 state agency. “Administrative rule” includes an executive 11 order or directive of the governor that creates a state agency 12 or establishes a program or that transfers a program between 13 state agencies established by statute or administrative rule. 14 “Administrative rule” includes a portion of an administrative 15 rule or the amendment or repeal of an existing administrative 16 rule. The resolution defines “state agency” as each board, 17 commission, department, officer, or other administrative office 18 or unit of the state. “State agency” does not include the 19 general assembly, the judicial branch or any of its components, 20 the governor, or a political subdivision of the state or its 21 offices and units. The general assembly may provide by law for 22 exclusions from these definitions. 23 The resolution prohibits a state agency from adopting an 24 administrative rule without notice or public participation 25 unless explicitly granted authority to adopt such 26 administrative rule by law or unless the committee determines 27 that notice and public participation would be unnecessary, 28 impracticable, or contrary to the public interest. 29 The resolution provides for powers of the committee. 30 The committee may suspend further action by a state agency to 31 adopt a proposed administrative rule for a period of time no 32 longer than 70 days as provided by law. 33 The committee may require a state agency to complete and 34 publish a regulatory analysis of a proposed administrative 35 -4- LSB 5172XS (3) 85 je/rj 4/ 6

S.J.R. 2002 rule, detailing costs, benefits, and alternative methods for 1 achieving the purpose of the administrative rule before the 2 state agency adopts the administrative rule. The committee 3 may also require a state agency to complete and publish a 4 regulatory analysis of an administrative rule adopted without 5 notice or public participation. 6 The committee may object to the adoption of an 7 administrative rule by a state agency without notice or public 8 participation. The administrative rule ceases to be effective 9 after a period of time subsequent to the objection as provided 10 by law. The committee may also suspend the implementation or 11 enforcement of the administrative rule until the administrative 12 rule ceases to be effective. In any proceeding for judicial 13 review or for enforcement of the administrative rule heard 14 subsequent to the objection, the state agency bears the burden 15 of proof to establish that allowing for notice or public 16 participation before adopting the administrative rule was 17 impracticable, unnecessary, or contrary to the public interest. 18 If the state agency fails to meet the burden of proof, the 19 court shall declare the administrative rule invalid. 20 The committee may suspend the implementation or enforcement 21 of an adopted administrative rule for a period of time no later 22 than the adjournment of the next regular session of the general 23 assembly as provided by law, if the effective date of such 24 administrative rule occurred sooner than 35 days after the 25 administrative rule was officially published as provided by 26 law. 27 The committee may delay the effective date of an 28 administrative rule proposed by a state agency for a period of 29 time no later than the adjournment of the next regular session 30 of the general assembly as provided by law. 31 The committee may object to an administrative rule proposed 32 or adopted by a state agency if the committee deems the 33 administrative rule unreasonable, arbitrary, capricious, or 34 otherwise beyond the authority delegated to the state agency. 35 -5- LSB 5172XS (3) 85 je/rj 5/ 6

S.J.R. 2002 In any proceeding for judicial review or for enforcement of 1 the administrative rule heard subsequent to the objection, the 2 state agency bears the burden of proof to establish that the 3 administrative rule is not unreasonable, arbitrary, capricious, 4 or otherwise beyond the authority delegated to the state 5 agency. If the state agency fails to meet the burden of proof, 6 the court shall declare the administrative rule invalid and 7 judgment shall be rendered against the state agency for court 8 costs and reasonable attorney fees. 9 The resolution, if adopted, would be published and then 10 referred to the next general assembly (86th) for adoption a 11 second time, before being submitted to the electorate for 12 ratification. 13 -6- LSB 5172XS (3) 85 je/rj 6/ 6