Bill Text: IA HF2349 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act providing for review and ongoing rescission of administrative rules.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-07 - Introduced, referred to State Government. H.J. 211. [HF2349 Detail]

Download: Iowa-2023-HF2349-Introduced.html
House File 2349 - Introduced HOUSE FILE 2349 BY WILLS A BILL FOR An Act providing for review and ongoing rescission of 1 administrative rules. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5527YH (2) 90 je/ko
H.F. 2349 Section 1. Section 17A.7, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. Beginning July January 1, 2012 2027 , over each five-year 3 period of time, an each agency shall conduct an ongoing and 4 comprehensive review of all of the agency’s rules. The goal of 5 the review is the identification and elimination of all rules 6 of the agency that are outdated, redundant, or inconsistent or 7 incompatible with statute or its own rules or those of other 8 agencies. An Over each five-year period of time, an agency 9 shall commence its review by developing a plan of review in 10 consultation with major stakeholders and constituent groups. 11 When the agency completes the five-year review of the agency’s 12 own rules, the agency shall provide a summary of the results 13 to the administrative rules coordinator and the administrative 14 rules review committee. 15 Sec. 2. Section 17A.7, Code 2024, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 3. a. Each chapter of rules is rescinded 18 five years after the date on which the chapter as a whole 19 became effective. A chapter rescinded in this manner ceases 20 to be effective as of the date of rescission. Before or after 21 such rescission occurs, the agency that adopted the chapter may 22 adopt the chapter anew. Such adoption shall be subject to this 23 chapter. 24 b. The effective date of adoption, amendment, or rescission 25 of individual rules or portions of rules in a chapter, and the 26 date of any changes to the chapter or rules or portions of 27 rules in the chapter pursuant to section 2B.13, shall not be 28 considered when determining the effective date of the chapter 29 as a whole for purposes of this subsection. The date of 30 rescission of a chapter under paragraph “a” shall not be altered 31 if such date falls on a Saturday, Sunday, or holiday. 32 c. (1) If a chapter has been rescinded under this 33 subsection, the agency that adopted the chapter shall notify 34 the administrative code editor in writing of the rescission. 35 -1- LSB 5527YH (2) 90 je/ko 1/ 4
H.F. 2349 The administrative rules coordinator may notify the 1 administrative code editor in writing on behalf of the agency. 2 (2) As soon as practicable after receiving such 3 notification, the administrative code editor shall publish 4 notice of the rescission in the Iowa administrative bulletin 5 and, no sooner than two weeks after such publication, remove 6 the chapter from the Iowa administrative code. 7 d. When a chapter of rules becoming effective as a whole is 8 published in the Iowa administrative code, the administrative 9 code editor shall include the next rescission date of the 10 chapter, as provided in this subsection, with the chapter. 11 e. For a chapter of rules that most recently became 12 effective as a whole prior to January 1, 2023, the effective 13 date of the chapter shall be deemed January 1, 2023, for 14 purposes of this subsection. For a chapter that most recently 15 became effective as a whole on or after January 1, 2023, the 16 date of rescission pursuant to this subsection shall be based 17 on the most recent effective date of the chapter as a whole. 18 f. An agency may submit proposed legislation to the general 19 assembly pursuant to section 2.16 that would modify the 20 applicability of this subsection to rules adopted by the agency 21 governing a narrowly specified subject. Such submission may 22 be made no less than one year and no more than two years prior 23 to the rescission of the chapter pursuant to this subsection. 24 The agency shall submit a cost-benefit analysis of the rules 25 affected by the proposed legislation to the general assembly 26 with the proposed legislation and post the analysis on the 27 agency’s internet site. 28 NEW SUBSECTION . 4. By July 1, 2025, the administrative 29 rules coordinator shall establish a process to utilize 30 artificial intelligence technology to review the Iowa 31 administrative code on an ongoing basis and identify rules that 32 are outdated, redundant, or inconsistent or incompatible with 33 statute or other rules. The administrative rules coordinator 34 shall review the rules identified and submit a summary of 35 -2- LSB 5527YH (2) 90 je/ko 2/ 4
H.F. 2349 such rules that meet the criteria of this subsection to 1 the general assembly by January 1 each year. The general 2 assembly shall post the summary on the general assembly’s 3 internet site. The summary shall include a citation of each 4 rule identified; whether the rule is outdated, redundant, or 5 inconsistent or incompatible with statute or other rules; and a 6 brief description of the reason for this determination. The 7 administrative rules coordinator shall also submit a summary 8 to each agency of the rules adopted by the agency that were 9 identified in this manner, if any. The office of the chief 10 information officer shall assist the administrative rules 11 coordinator in the implementation of this subsection upon 12 request. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill establishes a process for ongoing rescission of 17 rules in the Iowa administrative code. The bill provides that 18 each chapter of rules is rescinded five years after the date 19 on which the chapter as a whole became effective. A chapter 20 rescinded in this manner ceases to be effective as of the date 21 of rescission. Before or after the rescission, the agency that 22 adopted the chapter may adopt the chapter anew. 23 The bill provides that the effective date of adoption, 24 amendment, or rescission of individual rules or portions of 25 rules in a chapter shall not be considered when determining the 26 effective date of the chapter as a whole for purposes of the 27 ongoing rescission process. 28 If a chapter has been rescinded under this process, the 29 agency that adopted the chapter shall notify the administrative 30 code editor in writing of the rescission. The administrative 31 rules coordinator may notify the administrative code editor in 32 writing on behalf of the agency. As soon as practicable after 33 receiving such notification, the administrative code editor 34 shall publish notice of the rescission in the bulletin and, 35 -3- LSB 5527YH (2) 90 je/ko 3/ 4
H.F. 2349 no sooner than two weeks after such publication, remove the 1 chapter from the Iowa administrative code. When a chapter of 2 rules becoming effective as a whole is published in the Iowa 3 administrative code, the bill requires the administrative code 4 editor to include the next rescission date of the chapter. 5 For a chapter of rules that most recently became effective 6 as a whole prior to January 1, 2023, the effective date of the 7 chapter shall be deemed January 1, 2023, for purposes of the 8 ongoing rescission process. For a chapter that most recently 9 became effective as a whole on or after January 1, 2023, the 10 date of rescission shall be based on the most recent effective 11 date of the chapter as a whole. 12 The bill authorizes an agency to submit proposed legislation 13 to the general assembly that would modify the applicability of 14 the ongoing rescission process to rules adopted by the agency 15 governing a narrowly specified subject. The bill requires 16 an agency that does so to submit a cost-benefit analysis of 17 the rules affected by the proposed legislation to the general 18 assembly with the proposed legislation and to post the analysis 19 on the agency’s internet site. 20 The bill provides that the next period for the ongoing review 21 of rules by agencies required under current law shall commence 22 January 1, 2027. 23 The bill requires the administrative rules coordinator to 24 establish by July 1, 2025, a process to utilize artificial 25 intelligence technology to review the Iowa administrative code 26 on an ongoing basis and identify rules that are outdated, 27 redundant, or inconsistent or incompatible with statute or 28 other rules. The bill provides for an annual summary of the 29 results of this process to be submitted to the general assembly 30 and relevant agencies. 31 -4- LSB 5527YH (2) 90 je/ko 4/ 4
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