Bill Text: IA SJR2002 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa creating an administrative rules review committee in the legislative department and granting the committee powers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-28 - Introduced, referred to Rules & Administration. S.J. 149. [SJR2002 Detail]
Download: Iowa-2013-SJR2002-Introduced.html
Senate
Joint
Resolution
2002
-
Introduced
SENATE
JOINT
RESOLUTION
2002
BY
CHELGREN
SENA
TE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
creating
an
administrative
rules
review
2
committee
in
the
legislative
department
and
granting
the
3
committee
powers.
4
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Article
III
of
the
Constitution
of
the
State
of
1
Iowa
is
amended
by
adding
the
following
new
section:
2
Administrative
rules
review
committee.
SEC.
41.
3
1.
For
the
purposes
of
this
section:
4
a.
“Administrative
rule”
means
each
state
agency
statement
5
of
general
applicability
that
implements,
interprets,
or
6
prescribes
law
or
policy,
or
that
describes
the
organization,
7
procedure,
or
practice
requirements
of
any
state
agency.
8
“Administrative
rule”
includes
an
executive
order
or
directive
9
of
the
governor
that
creates
a
state
agency
or
establishes
a
10
program
or
that
transfers
a
program
between
state
agencies
11
established
by
statute
or
administrative
rule.
“Administrative
12
rule”
includes
a
portion
of
an
administrative
rule
or
the
13
amendment
or
repeal
of
an
existing
administrative
rule.
The
14
general
assembly
may
provide
by
law
for
exclusions
from
this
15
definition.
16
b.
“State
agency”
means
each
board,
commission,
department,
17
officer,
or
other
administrative
office
or
unit
of
the
state.
18
“State
agency”
does
not
include
the
general
assembly,
the
19
judicial
branch
or
any
of
its
components,
the
governor,
or
a
20
political
subdivision
of
the
state
or
its
offices
and
units.
21
The
general
assembly
may
provide
by
law
for
exclusions
from
22
this
definition.
23
2.
An
administrative
rules
review
committee
is
created
in
24
the
legislative
department,
to
consist
of
an
equal
number
of
25
members
of
each
house
of
the
general
assembly,
for
the
purpose
26
of
providing
oversight
of
powers
and
duties
delegated
to
state
27
agencies.
The
general
assembly
shall
provide
by
law
for
the
28
implementation
of
this
section,
including
but
not
limited
to
29
procedures
for
the
committee
to
exercise
its
powers.
30
3.
A
state
agency
shall
not
adopt
an
administrative
rule
31
without
notice
or
public
participation
unless
explicitly
32
granted
authority
to
adopt
such
administrative
rule
without
33
notice
or
public
participation
by
law
or
unless
the
committee
34
determines
that
notice
and
public
participation
would
be
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unnecessary,
impracticable,
or
contrary
to
the
public
interest.
1
4.
The
powers
of
the
committee
include
but
are
not
limited
2
to
the
following:
3
a.
Suspending
further
action
by
a
state
agency
prior
to
4
adoption
of
a
proposed
administrative
rule
for
a
period
of
time
5
no
longer
than
seventy
days
as
provided
by
law.
6
b.
Requiring
a
state
agency
to
complete
and
publish
7
a
regulatory
analysis
of
a
proposed
administrative
rule,
8
detailing
costs,
benefits,
and
alternative
methods
for
9
achieving
the
purpose
of
the
administrative
rule,
before
the
10
state
agency
adopts
the
administrative
rule.
The
committee
11
may
also
require
a
state
agency
to
complete
and
publish
a
12
regulatory
analysis
of
an
administrative
rule
adopted
by
the
13
state
agency
without
notice
or
public
participation.
14
c.
Objecting
to
the
adoption
of
an
administrative
rule
by
15
a
state
agency
without
notice
or
public
participation.
The
16
administrative
rule
shall
cease
to
be
effective
after
a
period
17
of
time
subsequent
to
the
objection
as
provided
by
law.
The
18
committee
may
also
suspend
the
implementation
or
enforcement
of
19
the
administrative
rule
until
the
administrative
rule
ceases
20
to
be
effective.
In
any
proceeding
for
judicial
review
or
for
21
enforcement
of
the
administrative
rule
heard
subsequent
to
the
22
objection,
the
burden
of
proof
shall
be
on
the
state
agency
23
to
establish
that
allowing
for
notice
or
public
participation
24
before
adopting
the
administrative
rule
was
impracticable,
25
unnecessary,
or
contrary
to
the
public
interest.
If
the
state
26
agency
fails
to
meet
the
burden
of
proof
prescribed
for
the
27
administrative
rule,
the
court
shall
declare
the
administrative
28
rule
invalid.
29
d.
Suspending
the
implementation
or
enforcement
of
an
30
administrative
rule
adopted
by
a
state
agency
for
a
period
31
of
time
no
later
than
the
adjournment
of
the
next
regular
32
session
of
the
general
assembly
as
provided
by
law,
if
the
33
effective
date
of
such
administrative
rule
occurred
sooner
than
34
thirty-five
days
after
the
administrative
rule
was
officially
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published
as
provided
by
law.
1
e.
Delaying
the
effective
date
of
an
administrative
rule
2
proposed
by
a
state
agency
for
a
period
of
time
no
later
than
3
the
adjournment
of
the
next
regular
session
of
the
general
4
assembly
as
provided
by
law.
5
f.
Objecting
to
an
administrative
rule
proposed
or
adopted
6
by
a
state
agency
if
the
committee
deems
the
administrative
7
rule
unreasonable,
arbitrary,
capricious,
or
otherwise
8
beyond
the
authority
delegated
to
the
state
agency.
In
any
9
proceeding
for
judicial
review
or
for
enforcement
of
the
10
administrative
rule
heard
subsequent
to
the
objection,
the
11
burden
of
proof
shall
be
on
the
state
agency
to
establish
12
that
the
administrative
rule
is
not
unreasonable,
arbitrary,
13
capricious,
or
otherwise
beyond
the
authority
delegated
to
the
14
state
agency.
If
the
state
agency
fails
to
meet
the
burden
15
of
proof
prescribed
for
the
administrative
rule,
the
court
16
shall
declare
the
administrative
rule
invalid
and
judgment
17
shall
be
rendered
against
the
state
agency
for
court
costs
and
18
reasonable
attorney
fees.
19
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
20
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
21
to
the
general
assembly
to
be
chosen
at
the
next
general
22
election
for
members
of
the
general
assembly,
and
the
secretary
23
of
state
is
directed
to
cause
the
proposed
amendment
to
be
24
published
for
three
consecutive
months
previous
to
the
date
of
25
that
election
as
provided
by
law.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
joint
resolution
proposes
an
amendment
to
the
30
Constitution
of
the
State
of
Iowa
creating
an
administrative
31
rules
review
committee
in
the
legislative
department
and
32
granting
the
committee
powers.
33
The
resolution
creates
an
administrative
rules
review
34
committee
in
the
legislative
branch,
to
consist
of
an
equal
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number
of
members
of
each
house
of
the
general
assembly,
1
for
the
purpose
of
providing
oversight
of
powers
and
duties
2
delegated
to
state
agencies.
The
resolution
directs
the
3
general
assembly
to
provide
by
law
for
implementation
of
the
4
resolution,
including
but
not
limited
to
procedures
for
the
5
committee
to
exercise
its
powers.
6
The
resolution
defines
“administrative
rule”
as
each
state
7
agency
statement
of
general
applicability
that
implements,
8
interprets,
or
prescribes
law
or
policy,
or
that
describes
9
the
organization,
procedure,
or
practice
requirements
of
any
10
state
agency.
“Administrative
rule”
includes
an
executive
11
order
or
directive
of
the
governor
that
creates
a
state
agency
12
or
establishes
a
program
or
that
transfers
a
program
between
13
state
agencies
established
by
statute
or
administrative
rule.
14
“Administrative
rule”
includes
a
portion
of
an
administrative
15
rule
or
the
amendment
or
repeal
of
an
existing
administrative
16
rule.
The
resolution
defines
“state
agency”
as
each
board,
17
commission,
department,
officer,
or
other
administrative
office
18
or
unit
of
the
state.
“State
agency”
does
not
include
the
19
general
assembly,
the
judicial
branch
or
any
of
its
components,
20
the
governor,
or
a
political
subdivision
of
the
state
or
its
21
offices
and
units.
The
general
assembly
may
provide
by
law
for
22
exclusions
from
these
definitions.
23
The
resolution
prohibits
a
state
agency
from
adopting
an
24
administrative
rule
without
notice
or
public
participation
25
unless
explicitly
granted
authority
to
adopt
such
26
administrative
rule
by
law
or
unless
the
committee
determines
27
that
notice
and
public
participation
would
be
unnecessary,
28
impracticable,
or
contrary
to
the
public
interest.
29
The
resolution
provides
for
powers
of
the
committee.
30
The
committee
may
suspend
further
action
by
a
state
agency
to
31
adopt
a
proposed
administrative
rule
for
a
period
of
time
no
32
longer
than
70
days
as
provided
by
law.
33
The
committee
may
require
a
state
agency
to
complete
and
34
publish
a
regulatory
analysis
of
a
proposed
administrative
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rule,
detailing
costs,
benefits,
and
alternative
methods
for
1
achieving
the
purpose
of
the
administrative
rule
before
the
2
state
agency
adopts
the
administrative
rule.
The
committee
3
may
also
require
a
state
agency
to
complete
and
publish
a
4
regulatory
analysis
of
an
administrative
rule
adopted
without
5
notice
or
public
participation.
6
The
committee
may
object
to
the
adoption
of
an
7
administrative
rule
by
a
state
agency
without
notice
or
public
8
participation.
The
administrative
rule
ceases
to
be
effective
9
after
a
period
of
time
subsequent
to
the
objection
as
provided
10
by
law.
The
committee
may
also
suspend
the
implementation
or
11
enforcement
of
the
administrative
rule
until
the
administrative
12
rule
ceases
to
be
effective.
In
any
proceeding
for
judicial
13
review
or
for
enforcement
of
the
administrative
rule
heard
14
subsequent
to
the
objection,
the
state
agency
bears
the
burden
15
of
proof
to
establish
that
allowing
for
notice
or
public
16
participation
before
adopting
the
administrative
rule
was
17
impracticable,
unnecessary,
or
contrary
to
the
public
interest.
18
If
the
state
agency
fails
to
meet
the
burden
of
proof,
the
19
court
shall
declare
the
administrative
rule
invalid.
20
The
committee
may
suspend
the
implementation
or
enforcement
21
of
an
adopted
administrative
rule
for
a
period
of
time
no
later
22
than
the
adjournment
of
the
next
regular
session
of
the
general
23
assembly
as
provided
by
law,
if
the
effective
date
of
such
24
administrative
rule
occurred
sooner
than
35
days
after
the
25
administrative
rule
was
officially
published
as
provided
by
26
law.
27
The
committee
may
delay
the
effective
date
of
an
28
administrative
rule
proposed
by
a
state
agency
for
a
period
of
29
time
no
later
than
the
adjournment
of
the
next
regular
session
30
of
the
general
assembly
as
provided
by
law.
31
The
committee
may
object
to
an
administrative
rule
proposed
32
or
adopted
by
a
state
agency
if
the
committee
deems
the
33
administrative
rule
unreasonable,
arbitrary,
capricious,
or
34
otherwise
beyond
the
authority
delegated
to
the
state
agency.
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In
any
proceeding
for
judicial
review
or
for
enforcement
of
1
the
administrative
rule
heard
subsequent
to
the
objection,
the
2
state
agency
bears
the
burden
of
proof
to
establish
that
the
3
administrative
rule
is
not
unreasonable,
arbitrary,
capricious,
4
or
otherwise
beyond
the
authority
delegated
to
the
state
5
agency.
If
the
state
agency
fails
to
meet
the
burden
of
proof,
6
the
court
shall
declare
the
administrative
rule
invalid
and
7
judgment
shall
be
rendered
against
the
state
agency
for
court
8
costs
and
reasonable
attorney
fees.
9
The
resolution,
if
adopted,
would
be
published
and
then
10
referred
to
the
next
general
assembly
(86th)
for
adoption
a
11
second
time,
before
being
submitted
to
the
electorate
for
12
ratification.
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