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