Senate File 141 - Introduced SENATE FILE 141 BY WHITING A BILL FOR An Act providing for decennial approval of administrative rules 1 by the general assembly and related procedures and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2002SS (2) 88 je/rn
S.F. 141 Section 1. NEW SECTION . 17A.24 Decennial approval of rules 1 by general assembly —— procedures. 2 1. Each agency, in consultation with the administrative 3 rules coordinator, shall submit a report to the general 4 assembly no later than January 1 each year commencing in 2020 5 designating no less than ten percent of rules adopted by the 6 agency and in effect as of January 1 of that year for review by 7 the general assembly. The agency shall make such designations 8 by specific citation to rules in the Iowa administrative code. 9 The agency shall not designate a rule that has been subject to 10 review pursuant to this section in the previous nine years. 11 The general assembly shall publish such reports on the general 12 assembly’s internet site. 13 2. The president of the senate and the speaker of the house 14 of representatives shall refer reports submitted pursuant to 15 subsection 1 to the appropriate standing committees of the 16 general assembly for review. A standing committee may sponsor 17 a joint resolution as described in subsection 3 to approve a 18 rule designated in a report pursuant to subsection 1. 19 3. The general assembly may approve a rule designated in 20 a report pursuant to subsection 1 by joint resolution. Such 21 a resolution may include more than one designated rule and 22 designated rules from more than one agency. 23 4. Except as provided in subsection 5, a rule is void upon 24 the adjournment of the next regular session of the general 25 assembly following the submission of a report pursuant to 26 subsection 1 that designates the rule if the rule has not been 27 approved by joint resolution pursuant to subsection 3. An 28 agency shall not adopt a rule in the same or a substantially 29 similar form to a rule that has become void pursuant to this 30 section unless specifically authorized by a provision of law. 31 5. The general assembly may by joint resolution defer 32 action on approval of a rule designated in a report pursuant 33 to subsection 1 until the next regular session of the general 34 assembly. Such a resolution may include more than one 35 -1- LSB 2002SS (2) 88 je/rn 1/ 3
S.F. 141 designated rule and designated rules from more than one agency. 1 If action on a rule is deferred pursuant to this subsection, 2 the rule is void upon the adjournment of the next regular 3 session of the general assembly following the deferral. The 4 general assembly may defer action on approval of a rule 5 multiple times. 6 6. Upon adjournment of a regular session of the general 7 assembly, the administrative code editor shall remove from the 8 Iowa administrative code a rule designated in a report pursuant 9 to subsection 1 that has become void pursuant to subsection 4 10 or 5. 11 7. The legislative services agency shall provide agencies 12 with information regarding the Iowa administrative code as 13 necessary to facilitate the drafting of reports pursuant to 14 subsection 1. 15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 16 importance, takes effect upon enactment. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill directs each executive branch agency, in 21 consultation with the administrative rules coordinator, to 22 submit a report to the general assembly no later than January 23 1 each year commencing in 2020 designating no less than 10 24 percent of the rules adopted by the agency and in effect as 25 of January 1 of that year for review by the general assembly. 26 Designated rules shall not include rules that have been subject 27 to review pursuant to the bill in the previous nine years. The 28 general assembly shall publish such reports on the general 29 assembly’s internet site. 30 The bill directs the president of the senate and the speaker 31 of the house of representatives to refer reports submitted 32 pursuant to the bill to the appropriate standing committees 33 of the general assembly for review. The bill authorizes a 34 standing committee to sponsor a joint resolution to approve a 35 -2- LSB 2002SS (2) 88 je/rn 2/ 3
S.F. 141 designated rule as provided in the bill. 1 The bill authorizes the general assembly to approve a 2 designated rule by joint resolution. Such a resolution may 3 include more than one designated rule and designated rules from 4 more than one agency. 5 The bill provides that a designated rule is void upon the 6 adjournment of the next regular session of the general assembly 7 following the submission of a report that designates the rule 8 if the rule has not been approved by joint resolution pursuant 9 to the bill. The bill prohibits an agency from adopting a rule 10 in the same or a substantially similar form to a rule that has 11 become void pursuant to the bill unless specifically authorized 12 by a provision of law. 13 The bill authorizes the general assembly to defer action on 14 approval of a designated rule until the next regular session of 15 the general assembly by joint resolution. Such a resolution 16 may include more than one designated rule and designated rules 17 from more than one agency. If action on a rule is deferred, the 18 rule is void upon the adjournment of the next regular session 19 of the general assembly following the deferral. The general 20 assembly may defer action on approval of a rule multiple times. 21 The bill directs the administrative code editor to remove 22 a designated rule from the Iowa administrative code that has 23 become void pursuant to the bill upon adjournment of a regular 24 session of the general assembly. 25 The bill directs the legislative services agency to provide 26 agencies with information regarding the Iowa administrative 27 code as necessary to facilitate the drafting of reports 28 pursuant to the bill. 29 The bill takes effect upon enactment. 30 -3- LSB 2002SS (2) 88 je/rn 3/ 3