Bill Text: IA HF2030 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act requiring legislative and gubernatorial approval of any administrative rule with a fiscal impact requiring a fiscal impact statement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-19 - Subcommittee, Lukan, Schultz, and Wittneben. H.J. 112. [HF2030 Detail]

Download: Iowa-2011-HF2030-Introduced.html
House File 2030 - Introduced HOUSE FILE 2030 BY LUKAN A BILL FOR An Act requiring legislative and gubernatorial approval of any 1 administrative rule with a fiscal impact requiring a fiscal 2 impact statement. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5416YH (2) 84 jr/rj
H.F. 2030 Section 1. Section 17A.4, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. a. Any notice of intended action or rule filed without 3 notice pursuant to subsection 3 , which necessitates additional 4 annual expenditures of at least one hundred thousand dollars or 5 combined expenditures of at least five hundred thousand dollars 6 within five years by all affected persons, including the agency 7 itself, shall be accompanied by a fiscal impact statement 8 outlining the expenditures. The agency shall promptly deliver 9 a copy of the statement to the legislative services agency. 10 To the extent feasible, the legislative services agency shall 11 analyze the statement and provide a summary of that analysis 12 to the administrative rules review committee. If the agency 13 has made a good faith effort to comply with the requirements 14 of this subsection , the rule shall not be invalidated on the 15 ground that the contents of the statement are insufficient or 16 inaccurate. 17 b. A rule which is subject to the provisions of paragraph 18 “a” shall not become effective unless approved by a joint 19 resolution passed by the general assembly and approved by the 20 governor. 21 (1) When such a rule is adopted, the agency shall submit the 22 adopted rule to the president of the senate and the speaker of 23 the house of representatives at the next regular session of the 24 general assembly. The president of the senate and the speaker 25 of the house shall refer the rule to the appropriate standing 26 committee of the general assembly. 27 (2) A standing committee in receipt of such a referred rule 28 shall review the rule and may sponsor a joint resolution to 29 approve the rule and specify an effective date for the rule. 30 c. The administrative code editor shall codify such a rule 31 in the Iowa administrative code only when a joint resolution 32 has been enacted approving the rule. 33 EXPLANATION 34 Under the current rulemaking process, a proposed rule which 35 -1- LSB 5416YH (2) 84 jr/rj 1/ 2
H.F. 2030 has a fiscal impact of at least $100,000 annually or combined 1 impact of at least $500,000 within five years by all affected 2 persons, including the agency itself, must be accompanied by 3 a fiscal impact statement outlining the expenditures. This 4 bill provides that an adopted rule which has this impact shall 5 not become effective unless approved by a joint resolution 6 passed by the general assembly and approved by the governor. 7 The adopted rule will be forwarded to the appropriate standing 8 committees for action. The administrative code editor will 9 publish the rule in the Iowa administrative code only when a 10 joint resolution has been enacted approving the rule. 11 -2- LSB 5416YH (2) 84 jr/rj 2/ 2
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