SF 65 (LSB 1370XS (3) 86)

SENATE FILE 65

BY  CHELGREN, WHITVER, COSTELLO, and GARRETT

A BILL FOR

An Act concerning state agency rulemaking procedures relative to rules required pursuant to federal law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.4, subsection 2, Code 2015, is amended to read as follows:
   2.  An agency shall include in a preamble to each rule it adopts a brief explanation of the principal reasons for its action and, if applicable, a brief explanation of the principal reasons for its failure to provide in that rule for the waiver of the rule in specified situations if no such waiver provision is included in the rule.  In addition, if the rule is required pursuant to federal law, the explanation shall identify the federal law or regulation requiring the rule and specify the consequences for failure to adopt the rule. This The explanatory requirement does requirements do not apply when the agency adopts a rule that only defines the meaning of a provision of law if the agency does not possess delegated authority to bind the courts to any extent with its definition. In addition, if requested to do so by an interested person, either prior to adoption or within thirty days thereafter, the agency shall issue a concise statement of the principal reasons for and against the rule adopted, incorporating therein the reasons for overruling considerations urged against the rule. This concise statement shall be issued either at the time of the adoption of the rule or within thirty-five days after the agency receives the request.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires state agencies when adopting an administrative rule required by federal law to include in the brief explanation in the preamble to the rule the federal law or regulation requiring the rule and the consequences for failure to adopt the rule.