Bill Text: IA HF302 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring rescission of existing regulations by state agencies when new regulations are adopted, providing for approval by the department of management of rulemaking, providing related procedures, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-12 - Subcommittee Meeting: 02/19/2019 11:45AM House Lounge. [HF302 Detail]
Download: Iowa-2019-HF302-Introduced.html
House
File
302
-
Introduced
HOUSE
FILE
302
BY
JACOBSEN
A
BILL
FOR
An
Act
requiring
rescission
of
existing
regulations
by
state
1
agencies
when
new
regulations
are
adopted,
providing
for
2
approval
by
the
department
of
management
of
rulemaking,
3
providing
related
procedures,
and
including
effective
date
4
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
17A.24
Required
rescission
1
of
regulations
——
approval
of
rule
filings
by
department
of
2
management
——
report.
3
1.
Definitions.
For
purposes
of
this
section:
4
a.
“Department”
means
the
department
of
management.
5
b.
“Regulation”
means
a
rule
as
described
in
the
preface
6
to
the
Iowa
administrative
bulletin
and
does
not
include
a
7
subrule
or
other
subunit
or
an
entry
designated
in
the
Iowa
8
administrative
code
as
reserved
or
rescinded.
9
c.
“Rule
filing”
means
a
notice
of
intended
action
pursuant
10
to
section
17A.4,
subsection
1,
paragraph
“a”
,
a
rule
filed
11
without
notice
pursuant
to
section
17A.4,
subsection
3,
or
a
12
rule
adopted
pursuant
to
section
17A.5.
13
2.
Required
rescission
of
regulations.
14
a.
A
rule
filing
that
would
add
one
or
more
regulations
to
15
the
Iowa
administrative
code
shall
also
rescind
a
number
of
16
regulations
equal
to
at
least
twice
the
number
of
regulations
17
added.
If
a
regulation
is
rescinded
and
adopted
anew
in
the
18
same
rule
filing,
the
rescission
of
the
prior
rule
shall
count
19
as
one
of
the
two
required
rescissions
for
purposes
of
this
20
paragraph.
21
b.
The
department
shall
ensure
that
compliance
with
22
paragraph
“a”
is
not
accomplished
solely
by
reorganizing
or
23
redesignating
existing
regulations
by
combining
regulations
or
24
redesignating
regulations
as
subrules
or
other
subunits
of
the
25
Iowa
administrative
code.
The
department
may
disapprove
any
26
rule
filing
submitted
pursuant
to
subjection
3
that
appears
to
27
be
drafted
so
as
to
circumvent
the
requirements
of
paragraph
28
“a”
.
29
c.
This
subsection
does
not
apply
to
rule
filings
submitted
30
to
the
department
pursuant
to
subsection
3
by
an
agency
within
31
seventy-eight
weeks
of
the
effective
date
of
the
statute
that
32
established
the
agency.
33
3.
Submission
of
rules
to
department
of
management.
Before
34
an
agency
submits
a
rule
filing
to
the
administrative
rules
35
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302
coordinator
and
the
administrative
code
editor
pursuant
to
1
section
17A.4
or
17A.5,
the
agency
shall
submit
the
rule
filing
2
to
the
department
for
approval.
The
department
shall
prescribe
3
procedures
for
making
such
submissions.
The
agency
may
include
4
with
the
submission
any
additional
information
that
may
assist
5
the
department
in
making
a
determination
pursuant
to
subsection
6
5.
7
4.
Regulatory
baseline
statement.
The
agency
shall
include
8
a
regulatory
baseline
statement
with
a
rule
filing
submitted
to
9
the
department
pursuant
to
subsection
3.
The
department
shall
10
not
approve
a
rule
filing
that
does
not
include
a
regulatory
11
baseline
statement.
The
department
shall
post
all
regulatory
12
baseline
statements
received
on
the
department’s
internet
13
site.
A
regulatory
baseline
statement
shall
contain
all
of
the
14
following
information:
15
a.
The
applicable
section
of
the
statute
that
provides
16
specific
legal
authority
for
the
agency
to
adopt
the
rule
17
filing.
18
b.
The
purpose
of
the
rule
filing.
19
c.
If
the
rule
filing
would
add
one
or
more
regulations
to
20
the
Iowa
administrative
code,
a
list
of
the
regulations
to
be
21
added
as
well
as
the
regulations
to
be
rescinded
in
compliance
22
with
subsection
2.
In
lieu
of
such
a
list,
the
agency
may
23
include
a
request
for
exemption
from
subsection
2
pursuant
to
24
subsection
7.
25
5.
Evaluation
by
department
of
management.
In
determining
26
whether
to
approve
a
rule
filing,
the
department,
in
27
consultation
with
the
administrative
rules
coordinator,
shall
28
evaluate
the
rule
filing
and
included
regulatory
baseline
29
statement
using
all
of
the
following
criteria:
30
a.
Whether
the
rule
filing
is
the
only
effective
and
31
necessary
means
to
achieve
the
desired
outcome,
including
an
32
analysis
of
all
of
the
following:
33
(1)
Whether
the
rule
filing
complements
and
does
not
34
duplicate
existing
rules.
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(2)
Whether
the
rule
filing
would
be
simple
to
administer
1
in
terms
of
both
enforcement
by
the
agency
and
compliance
by
2
any
regulated
persons.
3
b.
The
degree
to
which
the
rule
filing
or
related
rules
4
or
agency
procedures
include
performance
measures
that
are
5
directly
related
to
the
desired
outcome,
including
but
not
6
limited
to
a
provision
establishing
periodic
review
to
ensure
7
intended
outcomes
or
a
provision
providing
for
the
rescission
8
of
the
rule
filing
or
related
rules
upon
a
determination
that
9
the
rule
filing
or
related
rules
no
longer
achieve
the
desired
10
original
outcomes.
11
c.
The
inclusion
of
clear
justifications
for
the
12
implementation
of
the
rule
filing,
including
the
development
13
or
existence
of
implementation
processes
for
the
rule
filing,
14
which
processes:
15
(1)
Are
transparent
and
easily
accessible
by
the
public.
16
(2)
Contain
appropriate,
modern
methods
of
public
17
notification.
18
(3)
Are
written
in
plain
language.
19
(4)
Are
designed
to
allow
citizens
and
businesses
to
clearly
20
understand
their
rights
and
obligations
under
the
rule
filing.
21
d.
Whether
the
rule
filing
is
the
most
cost-effective
means
22
to
achieve
the
desired
outcome
and
to
what
extent
the
benefits
23
of
the
rule
filing
are
greater
than
the
burdens
it
imposes.
24
e.
A
determination
that
the
rule
filing
does
not
have
25
a
detrimental
effect
on
the
state’s
economy,
including
a
26
determination
that
all
of
the
following
apply
to
the
rule
27
filing:
28
(1)
The
rule
filing
does
not
have
a
negative
effect
on
the
29
economic
competitiveness
of
the
state.
30
(2)
The
rule
filing
is
not
more
difficult
to
comply
with
31
than
similar
regulatory
requirements
in
similarly
situated
32
states.
33
(3)
The
rule
filing
is
compatible
with
the
following
34
strategic
goals
for
this
state:
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(a)
Promoting
equal
application
of
regulatory
requirements
1
for
all
affected
businesses
and
industries.
2
(b)
Increased
job
creation.
3
(c)
Increased
economic
growth.
4
f.
Whether
the
rule
filing
is
specifically
required
by
a
5
provision
of
law.
6
6.
Approval
by
department
of
management.
If
the
department
7
approves
a
rule
filing,
the
agency
shall
submit
the
rule
filing
8
to
the
administrative
rules
coordinator
and
the
administrative
9
code
editor
pursuant
to
section
17A.4
or
17A.5,
as
applicable.
10
If
the
department
does
not
approve
a
rule
filing,
the
11
department
shall
provide
the
agency
with
a
written
explanation
12
for
its
disapproval.
13
7.
Exemptions.
14
a.
An
agency
may
include
a
request
for
exemption
from
the
15
requirements
of
subsection
2
or
5
or
both
with
its
submission
16
to
the
department
pursuant
to
subsection
3.
The
request
shall
17
include
a
detailed
justification
for
the
exemption.
The
18
department
shall
only
grant
an
exemption
if
the
department
19
determines
that
the
exemption
is
necessary
to
protect
the
20
health,
safety,
or
welfare
of
the
citizens
of
this
state.
21
b.
An
agency
that
receives
an
exemption
from
subsection
2
22
for
a
rule
filing
that
is
not
a
notice
of
intended
action
shall
23
subsequently
adopt
rules
that
rescind
regulations
sufficient
24
to
meet
the
requirements
of
subsection
2
for
the
exempted
rule
25
filing.
If
an
agency
does
not
do
so,
all
regulations
added
to
26
the
Iowa
administrative
code
in
the
exempted
rule
filing
are
27
void
seventy-eight
weeks
from
the
date
of
publication
of
the
28
exempted
filing
in
the
Iowa
administrative
bulletin.
An
agency
29
shall
designate
in
the
regulatory
baseline
statement
included
30
with
a
subsequent
rule
filing
the
regulations
rescinded
in
31
compliance
with
this
paragraph.
32
c.
If
the
department
grants
an
exemption
from
subsection
5
33
for
a
rule
filing,
the
department
shall
complete
a
subsequent
34
review
of
the
rule
filing
based
on
the
criteria
provided
in
35
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subsection
5
within
two
weeks.
If
the
department
determines
1
that
the
rule
filing
did
not
satisfy
the
criteria
provided
in
2
subsection
5,
all
regulations
added
to
the
Iowa
administrative
3
code
in
the
exempted
rule
filing
are
void
seventy-eight
weeks
4
from
the
date
of
publication
of
the
exempted
filing
in
the
Iowa
5
administrative
bulletin.
6
d.
If
a
rule
filing
receives
an
exemption
pursuant
to
7
this
section,
the
department
shall
provide
the
agency’s
8
request
for
exemption
and
the
department’s
determination
to
9
the
administrative
rules
coordinator
and
the
administrative
10
code
editor.
The
exemption
and
determination
shall
be
11
published
as
part
of
the
preamble
to
the
rule
filing
in
the
12
Iowa
administrative
bulletin
unless
the
administrative
code
13
editor
determines
that
publication
of
the
entire
exemption
and
14
determination
would
be
unnecessary
or
impractical.
15
8.
Report.
The
department
shall
by
November
1
each
year,
16
beginning
in
2020,
submit
a
report
to
the
general
assembly
and
17
the
governor
on
the
total
number
of
regulations
included
in
18
the
Iowa
administrative
code,
including
a
calculation
of
the
19
change
in
the
total
from
November
1
of
the
previous
year.
The
20
report
shall
include
any
recommendations
for
amendments
to
this
21
section.
22
9.
Technical
assistance
by
legislative
services
agency.
The
23
legislative
services
agency
shall
provide
the
department
24
with
information
regarding
the
Iowa
administrative
code
25
and
technical
assistance
as
necessary
to
facilitate
the
26
implementation
of
this
section.
27
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
28
importance,
takes
effect
upon
enactment.
29
Sec.
3.
APPLICABILITY.
This
Act
applies
to
rule
filings,
30
as
defined
in
section
17A.24,
subsection
1,
as
enacted
by
this
31
Act,
submitted
for
publication
in
the
Iowa
administrative
32
bulletin
beginning
in
volume
XLII,
number
8,
dated
October
9,
33
2019.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
procedures
for
the
adoption
of
rules
3
by
executive
branch
agencies
under
Code
chapter
17A,
the
Iowa
4
administrative
procedure
Act.
5
The
bill
provides
that
a
rule
filing
that
would
add
one
6
or
more
regulations
to
the
Iowa
administrative
code
shall
7
also
rescind
a
number
of
regulations
equal
to
at
least
twice
8
the
number
of
regulations
added.
The
bill
specifies
that
if
9
a
regulation
is
rescinded
and
adopted
anew
in
the
same
rule
10
filing,
the
rescission
of
the
prior
rule
shall
count
as
one
of
11
the
two
required
rescissions.
This
requirement
does
not
apply
12
to
rule
filings
by
an
agency
within
78
weeks
of
the
effective
13
date
of
the
statute
that
established
the
agency.
14
The
bill
defines
“regulation”
as
a
rule
as
described
in
the
15
preface
to
the
Iowa
administrative
bulletin,
not
including
a
16
subrule
or
other
subunit
or
an
entry
designated
in
the
Iowa
17
administrative
code
as
reserved
or
rescinded.
The
bill
defines
18
“rule
filing”
as
a
notice
of
intended
action,
a
rule
filed
19
without
notice,
or
an
adopted
rule.
20
The
bill
requires
that
an
agency,
before
submitting
a
21
rule
filing
to
the
administrative
rules
coordinator
and
the
22
administrative
code
editor
as
required
under
current
law,
23
to
submit
the
rule
filing
to
the
department
of
management
24
for
approval.
The
bill
requires
that
the
department
ensure
25
compliance
with
the
requirement
to
rescind
a
number
of
26
regulations
equal
to
at
least
twice
the
number
of
regulations
27
added
in
a
rule
filing
is
not
accomplished
solely
by
28
reorganizing
or
redesignating
existing
regulations.
The
bill
29
authorizes
the
department
to
disapprove
any
rule
filing
that
30
appears
to
be
drafted
so
as
to
circumvent
the
requirement.
31
The
bill
requires
an
agency
to
include
a
regulatory
32
baseline
statement
with
the
submission.
The
bill
prohibits
33
the
department
from
approving
a
rule
filing
that
does
not
34
include
such
a
statement.
The
statement
shall
include
the
35
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applicable
section
of
the
statute
that
provides
specific
legal
1
authority
for
the
agency
to
adopt
the
rule
filing,
the
purpose
2
of
the
rule
filing,
and,
if
the
rule
filing
would
add
one
or
3
more
regulations
to
the
Iowa
administrative
code,
a
list
of
4
the
regulations
to
be
added
as
well
as
the
regulations
to
be
5
rescinded
in
compliance
with
the
bill.
In
lieu
of
such
a
list,
6
the
agency
may
include
a
request
for
exemption
as
provided
in
7
the
bill.
8
The
bill
provides
criteria
for
evaluation
of
rule
filings
by
9
the
department,
in
consultation
with
the
administrative
rules
10
coordinator,
in
determining
whether
to
provide
approval.
The
11
criteria
relate
to
effectiveness
and
necessity,
performance
12
measures,
clear
justifications,
cost
effectiveness,
economic
13
impact,
and
whether
the
regulations
are
specifically
required
14
by
a
provision
of
law.
15
If
the
department
approves
a
rule
filing,
the
agency
shall
16
submit
the
rule
filing
to
the
administrative
rules
coordinator
17
and
the
administrative
code
editor
as
required
under
current
18
law.
If
the
department
does
not
approve
a
rule
filing,
the
19
department
shall
provide
the
agency
with
a
written
explanation
20
for
its
disapproval.
21
The
bill
provides
a
process
for
an
agency
to
request
an
22
exemption
from
the
department
from
the
requirement
to
rescind
23
a
number
of
regulations
equal
to
at
least
twice
the
number
24
of
regulations
added
in
a
rule
filing,
the
requirement
for
25
an
evaluation
of
the
rule
filing
by
the
department,
or
both.
26
The
request
shall
include
a
detailed
justification
for
the
27
exemption.
The
department
shall
only
grant
an
exemption
if
28
the
department
determines
that
the
exemption
is
necessary
to
29
protect
the
health,
safety,
or
welfare
of
the
citizens
of
30
Iowa.
The
bill
provides
additional
procedural
requirements
for
31
rule
filings
that
receive
such
exemptions.
If
the
additional
32
procedural
requirements
are
not
met,
regulations
contained
33
in
such
rule
filings
are
void
78
weeks
after
publication
in
34
the
Iowa
administrative
bulletin.
The
exemption
request
and
35
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302
the
department’s
determination
regarding
the
request
shall
be
1
published
in
the
Iowa
administrative
bulletin.
2
The
bill
requires
the
department
to
submit
an
annual
3
report
to
the
general
assembly
and
the
governor
by
November
1
4
beginning
in
2020
on
the
total
number
of
regulations
included
5
in
the
Iowa
administrative
code,
including
a
calculation
of
the
6
change
in
the
total
from
November
1
of
the
previous
year.
The
7
report
shall
include
any
recommendations
regarding
changes
to
8
the
bill.
9
The
report
requires
the
legislative
services
agency
to
10
provide
the
department
with
information
regarding
the
Iowa
11
administrative
code
and
technical
assistance
as
necessary
to
12
facilitate
the
implementation
of
the
bill.
13
The
bill
takes
effect
upon
enactment.
The
bill
applies
to
14
rule
filings,
as
defined
in
the
bill,
submitted
for
publication
15
in
the
Iowa
administrative
bulletin
beginning
in
volume
XLII,
16
number
8,
dated
October
9,
2019.
17
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