Bill Text: IA SF391 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act providing for decennial review of administrative rules by the general assembly and related procedures, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-04 - Subcommittee: Whiting, Brown, and T. Taylor. S.J. 453. [SF391 Detail]

Download: Iowa-2019-SF391-Introduced.html
Senate File 391 - Introduced SENATE FILE 391 BY WHITING A BILL FOR An Act providing for decennial review of administrative 1 rules by the general assembly and related procedures, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2424XS (2) 88 je/rn
S.F. 391 Section 1. NEW SECTION . 17A.24 Decennial review of rules by 1 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 pursuant to Article III, section 40 of the 18 Iowa Constitution to nullify one or more rules designated in a 19 report pursuant to subsection 1 reviewed by the committee. 20 3. If the general assembly nullifies a rule designated in 21 a report pursuant to subsection 1 in the year in which it was 22 designated or in a subsequent year to which review is deferred 23 pursuant to subsection 4, the agency that adopted the rule 24 shall not adopt a rule in the same or a substantially similar 25 form unless the rule is specifically authorized by law. 26 4. The general assembly may by joint resolution defer 27 review of a rule designated in a report pursuant to subsection 28 1 until the next regular session of the general assembly. 29 Such a resolution may include more than one designated rule 30 and designated rules from more than one agency. The general 31 assembly may defer review of a designated rule multiple times. 32 5. The legislative services agency shall provide agencies 33 with information regarding the Iowa administrative code as 34 necessary to facilitate the drafting of reports pursuant to 35 -1- LSB 2424XS (2) 88 je/rn 1/ 3
S.F. 391 subsection 1. 1 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 2 importance, takes effect upon enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill directs each executive branch agency, in 7 consultation with the administrative rules coordinator, to 8 submit a report to the general assembly no later than January 9 1 each year commencing in 2020 designating no less than 10 10 percent of the rules adopted by the agency and in effect as 11 of January 1 of that year for review by the general assembly. 12 Designated rules shall not include rules that have been subject 13 to review pursuant to the bill in the previous nine years. The 14 general assembly shall publish such reports on the general 15 assembly’s internet site. 16 The bill directs the president of the senate and the speaker 17 of the house of representatives to refer reports submitted 18 pursuant to the bill to the appropriate standing committees 19 of the general assembly for review. The bill authorizes a 20 standing committee to sponsor a joint resolution pursuant to 21 Article III, section 40 of the Iowa Constitution to nullify one 22 or more rules designated in a report reviewed by the committee. 23 The bill prohibits an agency from adopting a rule that is in 24 the same or a substantially similar form as a designated rule 25 that is nullified in the year in which it was designated or in a 26 subsequent year to which review is deferred unless the rule is 27 specifically authorized by law. 28 The bill authorizes the general assembly to defer review of 29 a designated rule until the next regular session of the general 30 assembly by joint resolution. Such a resolution may include 31 more than one designated rule and designated rules from more 32 than one agency. The general assembly may defer review of a 33 designated rule multiple times. 34 The bill directs the legislative services agency to provide 35 -2- LSB 2424XS (2) 88 je/rn 2/ 3
S.F. 391 agencies with information regarding the Iowa administrative 1 code as necessary to facilitate the drafting of reports 2 pursuant to the bill. 3 The bill takes effect upon enactment. 4 -3- LSB 2424XS (2) 88 je/rn 3/ 3
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