Senate File 2190 - Introduced SENATE FILE 2190 BY WHITVER A BILL FOR An Act limiting the number of rules that can be included in 1 the Iowa administrative code, providing for related duties 2 of the department of management and other agencies, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5835XS (5) 87 je/rj

S.F. 2190 Section 1. NEW SECTION . 17A.24 Limitation of administrative 1 code —— implementation and report. 2 1. On and after January 1, 2019, the total number of 3 rules included in the Iowa administrative code shall not 4 exceed the total number of rules that were included in the 5 Iowa administrative code as of July 1, 2018. On and after 6 January 1, 2022, the total number of rules included in the Iowa 7 administrative code shall not exceed sixty-six and two-thirds 8 percent of the total number of rules that were included in the 9 Iowa administrative code as of July 1, 2018. For purposes of 10 this section, “rule” means a rule as described in the preface 11 to the Iowa administrative bulletin and does not include an 12 entry designated in the Iowa administrative code as reserved 13 or rescinded. 14 2. The department of management, in consultation with 15 the administrative rules coordinator, the administrative 16 code editor, and the administrative rules review committee, 17 shall establish and implement a process across all agencies 18 to facilitate any rulemaking necessary to ensure ongoing 19 compliance with subsection 1. As part of the process, the 20 department may direct an agency to carry out such rulemaking 21 as the department determines to be necessary to comply 22 with subsection 1, after consultation with the agency. 23 The department shall ensure that such compliance is not 24 accomplished solely by combining rules or redesignating rules 25 as subrules or other subunits of the Iowa administrative code. 26 An agency shall comply with such a directive. 27 3. The department of management shall by January 5 of 28 each year submit a report to the general assembly and the 29 governor on the total number of rules included in the Iowa 30 administrative code. The legislative services agency shall 31 provide the department with information regarding the Iowa 32 administrative code as necessary to facilitate the drafting of 33 the report. 34 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 35 -1- LSB 5835XS (5) 87 je/rj 1/ 2

S.F. 2190 importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill provides that the total number of rules included 5 in the Iowa administrative code on and after January 1, 2019, 6 shall not exceed the total number of rules that were included 7 in the Iowa administrative code as of July 1, 2018. The bill 8 provides that the total number of rules included in the Iowa 9 administrative code on and after January 1, 2022, shall not 10 exceed 66 and 2/3 percent of the total number of rules that 11 were included in the Iowa administrative code as of July 1, 12 2018. 13 The bill requires the department of management, in 14 consultation with the administrative rules coordinator, the 15 administrative code editor, and the administrative rules 16 review committee, to establish and implement a process 17 across all agencies to facilitate any rulemaking necessary to 18 ensure ongoing compliance with the limitations on the Iowa 19 administrative code provided in the bill. The bill authorizes 20 the department to direct an agency to carry out such rulemaking 21 as the department determines to be necessary to comply with the 22 limitations after consultation with the agency and requires 23 that an agency comply with such a directive. 24 The bill requires the department to ensure that compliance 25 with a department directive is not accomplished solely by 26 combining rules or redesignating rules as subrules or other 27 subunits of the Iowa administrative code. The bill requires 28 the department of management to submit a report to the general 29 assembly and the governor on the total number of rules included 30 in the Iowa administrative code each year by January 5. The 31 bill requires the legislative services agency to provide the 32 department with information regarding the Iowa administrative 33 code as necessary to facilitate the drafting of the report. 34 The bill takes effect upon enactment. 35 -2- LSB 5835XS (5) 87 je/rj 2/ 2