Bill Text: IA HSB192 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A study bill relating to the rulemaking process and state agency decision making.
Spectrum: Unknown
Status: (N/A - Dead) 2013-03-05 - Voted - State Government. [HSB192 Detail]
Download: Iowa-2013-HSB192-Introduced.html
Bill Title: A study bill relating to the rulemaking process and state agency decision making.
Spectrum: Unknown
Status: (N/A - Dead) 2013-03-05 - Voted - State Government. [HSB192 Detail]
Download: Iowa-2013-HSB192-Introduced.html
House
Study
Bill
192
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
VANDER
LINDEN)
A
BILL
FOR
An
Act
relating
to
the
rulemaking
process
and
state
agency
1
decision
making.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
17A.4,
subsection
3,
Code
2013,
is
1
amended
to
read
as
follows:
2
3.
a.
When
an
agency
for
good
cause
finds
that
notice
and
3
public
participation
would
be
unnecessary,
impracticable,
or
4
contrary
to
the
public
interest
When
the
statute
so
provides,
5
or
with
the
approval
of
the
administrative
rules
review
6
committee,
if
the
committee
finds
good
cause
that
notice
and
7
public
participation
would
be
unnecessary,
impracticable,
or
8
contrary
to
the
public
interest
,
the
provisions
of
subsection
1
9
shall
be
inapplicable.
The
agency
shall
incorporate
in
each
10
rule
issued
in
reliance
upon
this
provision
either
the
finding
11
and
a
brief
statement
of
the
reasons
for
the
finding,
or
a
12
statement
that
the
rule
is
within
a
very
narrowly
tailored
13
category
of
rules
whose
issuance
has
previously
been
exempted
14
from
subsection
1
by
a
special
rule
relying
on
this
provision
15
and
including
such
a
finding
and
statement
of
reasons
for
the
16
entire
category.
17
b.
(1)
If
the
administrative
rules
review
committee
by
18
a
two-thirds
vote,
the
governor,
or
the
attorney
general
19
files
with
the
administrative
code
editor
an
objection
to
the
20
adoption
of
any
a
rule
or
portion
of
a
rule
pursuant
to
this
21
subsection
,
that
the
rule
or
portion
of
the
rule
shall
cease
22
to
be
effective
one
hundred
eighty
days
after
the
date
the
23
objection
was
filed.
A
24
(2)
If
the
administrative
rules
review
committee
files
with
25
the
administrative
code
editor
an
objection
to
the
adoption
of
26
a
rule
or
portion
of
a
rule
pursuant
to
this
subsection,
the
27
administrative
rules
review
committee,
by
a
separate
two-thirds
28
vote,
may
suspend
the
applicability
of
the
rule
or
portion
29
of
the
rule
until
the
rule
ceases
to
be
effective
under
this
30
paragraph
“b”
.
The
determination
to
suspend
the
applicability
31
of
the
rule
or
portion
of
the
rule
shall
be
included
in
the
copy
32
of
the
objection
to
be
forwarded
to
the
agency.
33
c.
If
an
objection
to
a
rule
is
filed
under
this
subsection,
34
a
copy
of
the
objection,
properly
dated,
shall
be
forwarded
to
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the
agency
at
the
time
of
filing
the
objection.
In
any
action
1
contesting
a
rule
or
portion
of
a
rule
adopted
pursuant
to
2
this
subsection
,
the
burden
of
proof
shall
be
on
the
agency
to
3
show
that
the
procedures
of
subsection
1
were
impracticable,
4
unnecessary,
or
contrary
to
the
public
interest
and
that,
if
a
5
category
of
rules
was
involved,
the
category
was
very
narrowly
6
tailored.
7
Sec.
2.
Section
17A.4,
subsection
7,
Code
2013,
is
amended
8
to
read
as
follows:
9
7.
a.
Upon
the
vote
of
two-thirds
of
its
members
the
10
administrative
rules
review
committee
may
delay
the
effective
11
date
of
a
rule
or
portion
of
a
rule
seventy
days
beyond
that
12
permitted
in
section
17A.5
,
unless
the
rule
was
promulgated
13
under
section
17A.5,
subsection
2
,
paragraph
“b”
.
This
14
provision
shall
be
utilized
by
the
committee
only
if
further
15
time
is
necessary
to
study
and
examine
the
rule.
If
the
16
rule
was
promulgated
under
section
17A.5,
subsection
2,
17
paragraph
“b”
,
the
administrative
rules
review
committee,
18
within
thirty-five
days
of
the
effective
date
of
the
rule
and
19
upon
the
vote
of
two-thirds
of
its
members,
may
suspend
the
20
applicability
of
the
rule
or
portion
of
the
rule
for
seventy
21
days.
22
b.
Notice
of
an
effective
date
that
was
delayed
under
this
23
provision
shall
be
published
in
the
Iowa
administrative
code
24
and
bulletin.
25
Sec.
3.
Section
17A.4,
Code
2013,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
9.
Upon
the
vote
of
two-thirds
of
its
28
members,
the
administrative
rules
review
committee,
following
29
notice
of
intended
action
as
provided
in
subsection
1
and
prior
30
to
adoption
of
a
rule
pursuant
to
that
notice,
may
suspend
31
further
action
relating
to
that
notice
for
seventy
days.
32
Notice
of
a
notice
of
intended
action
that
was
suspended
under
33
this
provision
shall
be
published
in
the
Iowa
administrative
34
code
and
bulletin.
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Sec.
4.
Section
17A.8,
subsection
9,
Code
2013,
is
amended
1
to
read
as
follows:
2
9.
a.
Upon
a
vote
of
two-thirds
of
its
members,
the
3
administrative
rules
review
committee
may
delay
the
effective
4
date
of
a
rule
or
portion
of
a
rule
until
the
adjournment
5
of
the
next
regular
session
of
the
general
assembly
,
unless
6
the
rule
was
promulgated
under
section
17A.5,
subsection
2,
7
paragraph
“b”
.
If
the
rule
was
promulgated
under
section
8
17A.5,
subsection
2,
paragraph
“b”
,
the
administrative
rules
9
review
committee,
within
thirty-five
days
of
the
effective
date
10
of
the
rule
and
upon
the
vote
of
two-thirds
of
its
members,
11
may
suspend
the
applicability
of
the
rule
or
portion
of
the
12
rule
until
the
adjournment
of
the
next
regular
session
of
the
13
general
assembly.
14
b.
The
committee
shall
refer
a
rule
or
portion
of
a
rule
15
whose
effective
date
has
been
delayed
or
applicability
has
16
been
suspended
to
the
speaker
of
the
house
of
representatives
17
and
the
president
of
the
senate
who
shall
refer
the
delayed
18
or
suspended
rule
or
portion
of
the
rule
to
the
appropriate
19
standing
committees
of
the
general
assembly.
A
standing
20
committee
shall
review
a
the
rule
within
twenty-one
days
21
after
the
rule
is
referred
to
the
committee
by
the
speaker
22
of
the
house
of
representatives
or
the
president
of
the
23
senate
and
shall
take
formal
committee
action
by
sponsoring
24
a
joint
resolution
to
disapprove
the
rule,
by
proposing
25
legislation
relating
to
the
rule,
or
by
refusing
to
propose
26
a
joint
resolution
or
legislation
concerning
the
rule.
The
27
standing
committee
shall
inform
the
administrative
rules
review
28
committee
of
the
committee
action
taken
concerning
the
rule.
29
If
the
general
assembly
has
not
disapproved
of
the
rule
by
a
30
joint
resolution,
the
rule
shall
become
effective.
The
speaker
31
of
the
house
of
representatives
and
the
president
of
the
senate
32
shall
notify
the
administrative
code
editor
of
the
final
33
disposition
of
each
rule
or
portion
of
a
rule
whose
effective
34
date
has
been
delayed
or
whose
applicability
has
been
suspended
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pursuant
to
this
subsection
.
If
a
the
rule
is
disapproved,
it
1
the
rule
shall
not
become
be
effective
and
the
agency
shall
2
rescind
the
rule.
This
section
shall
not
apply
to
rules
made
3
effective
under
section
17A.5,
subsection
2
,
paragraph
“b”
.
4
Sec.
5.
Section
17A.23,
Code
2013,
is
amended
to
read
as
5
follows:
6
17A.23
Construction
——
delegation
of
authority
.
7
1.
Except
as
expressly
provided
otherwise
by
this
chapter
8
or
by
another
statute
referring
to
this
chapter
by
name,
the
9
rights
created
and
the
requirements
imposed
by
this
chapter
10
shall
be
in
addition
to
those
created
or
imposed
by
every
other
11
statute
in
existence
on
July
1,
1975,
or
enacted
after
that
12
date.
If
any
other
statute
in
existence
on
July
1,
1975,
or
13
enacted
after
that
date
diminishes
a
right
conferred
upon
a
14
person
by
this
chapter
or
diminishes
a
requirement
imposed
upon
15
an
agency
by
this
chapter
,
this
chapter
shall
take
precedence
16
unless
the
other
statute
expressly
provides
that
it
shall
take
17
precedence
over
all
or
some
specified
portion
of
this
named
18
cited
chapter.
19
2.
This
chapter
shall
be
construed
broadly
to
effectuate
20
its
purposes.
This
chapter
shall
also
be
construed
to
apply
21
to
all
agencies
not
expressly
exempted
by
this
chapter
or
by
22
another
statute
specifically
referring
to
this
chapter
by
name
23
citation
;
and
except
as
to
proceedings
in
process
on
July
1,
24
1975,
this
chapter
shall
be
construed
to
apply
to
all
covered
25
agency
proceedings
and
all
agency
action
not
expressly
exempted
26
by
this
chapter
or
by
another
statute
specifically
referring
to
27
this
chapter
by
name
citation
.
28
3.
An
agency
shall
have
only
that
authority
or
discretion
29
delegated
to
or
conferred
upon
the
agency
by
law
and
shall
not
30
expand
or
enlarge
its
authority
or
discretion
beyond
the
powers
31
delegated
to
or
conferred
upon
the
agency.
Unless
otherwise
32
specifically
provided
in
statute,
a
grant
of
rulemaking
33
authority
shall
be
construed
narrowly.
34
EXPLANATION
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This
bill
relates
to
the
rulemaking
process
and
agency
1
decision
making.
The
bill
concerns
the
administrative
rules
2
review
committee
(ARRC)
relative
to
its
powers
concerning
the
3
rulemaking
process.
4
As
it
relates
to
the
rulemaking
process,
the
bill
provides
5
that
a
rule
can
be
adopted
without
notice
only
if
the
statute
6
so
provides
or
with
the
approval
of
the
ARRC.
Code
section
7
17A.4(3)
relates
to
so-called
“emergency”
rulemaking.
This
8
section
is
amended
to
empower
the
ARRC
to
object
to
an
9
emergency
adopted
rule
and
suspend
its
effect
by
a
two-thirds
10
vote.
Code
section
17A.4(7),
concerning
the
70-day
delay
11
authority
of
the
ARRC,
is
amended
to
provide
that
the
ARRC
12
may,
upon
a
two-thirds
vote,
suspend
the
applicability
of
a
13
rule
promulgated
under
Code
section
17A.5(2)(b)
(so-called
14
emergency
rulemaking)
for
70
days.
The
bill
provides
that
15
action
to
suspend
the
applicability
of
a
rule
under
this
new
16
provision
must
be
taken
within
35
days
of
the
effective
date
17
of
the
rule.
In
addition,
the
bill
provides
that
the
ARRC
may
18
utilize
the
70-day
delay
authority
regardless
of
the
reason
19
for
the
delay
and
for
a
portion
of
a
rule.
Under
current
law,
20
rules
promulgated
under
Code
section
17A.5(2)(b)
take
effect
21
upon
filing
and
are
not
subject
to
the
70-day
delay
authority
22
of
the
ARRC.
23
Code
section
17A.4,
new
subsection
9,
provides
that
the
24
ARRC,
upon
a
two-thirds
vote,
may
suspend
for
70
days
further
25
action
relating
to
a
notice
of
intended
action
filed
by
an
26
agency.
Under
current
law,
the
ARRC
has
no
authority
relating
27
to
a
notice
of
intended
action
until
the
adopted
rule
is
filed
28
in
final
form
following
this
notice.
29
Code
section
17A.8(9),
concerning
the
session
delay
30
authority
of
the
ARRC,
is
amended
to
provide
that
the
ARRC,
31
upon
a
two-thirds
vote,
may
suspend
the
applicability
of
an
32
emergency
rule
until
the
adjournment
of
the
next
regular
33
session
of
the
general
assembly.
The
bill
also
provides
that
34
action
to
suspend
the
applicability
of
a
rule
under
this
new
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provision
must
be
taken
within
35
days
of
the
effective
date
1
of
the
rule.
In
addition,
the
bill
provides
that
the
ARRC
2
may
utilize
the
session
delay
authority
for
a
portion
of
a
3
rule.
Under
current
law,
rules
promulgated
under
Code
section
4
17A.5(2)(b)
take
effect
upon
filing
and
are
not
subject
to
the
5
session
delay
authority
of
the
ARRC.
6
The
bill
creates
a
rule
of
statutory
construction
relating
7
to
the
delegation
of
rulemaking
authority.
The
bill
provides
8
that
unless
otherwise
specifically
provided
in
statute,
a
grant
9
of
rulemaking
authority
shall
be
construed
narrowly.
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