S.F. 65 Section 1. Section 17A.4, subsection 2, Code 2015, is 1 amended to read as follows: 2 2. An agency shall include in a preamble to each rule it 3 adopts a brief explanation of the principal reasons for its 4 action and, if applicable, a brief explanation of the principal 5 reasons for its failure to provide in that rule for the 6 waiver of the rule in specified situations if no such waiver 7 provision is included in the rule. In addition, if the rule 8 is required pursuant to federal law, the explanation shall 9 identify the federal law or regulation requiring the rule and 10 specify the consequences for failure to adopt the rule. This 11 The explanatory requirement does requirements do not apply 12 when the agency adopts a rule that only defines the meaning of 13 a provision of law if the agency does not possess delegated 14 authority to bind the courts to any extent with its definition. 15 In addition, if requested to do so by an interested person, 16 either prior to adoption or within thirty days thereafter, the 17 agency shall issue a concise statement of the principal reasons 18 for and against the rule adopted, incorporating therein the 19 reasons for overruling considerations urged against the rule. 20 This concise statement shall be issued either at the time of 21 the adoption of the rule or within thirty-five days after the 22 agency receives the request. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill requires state agencies when adopting an 27 administrative rule required by federal law to include in the 28 brief explanation in the preamble to the rule the federal law 29 or regulation requiring the rule and the consequences for 30 failure to adopt the rule. 31 -1- LSB 1370XS (3) 86 ec/sc 1/ 1