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Senate Study Bill 25

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 17A.6, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  An agency which adopts standards by
  1  4 reference to another publication shall purchase and provide a
  1  5 copy of the publication containing the standards to the
  1  6 administrative rules coordinator who shall deposit the copy in
  1  7 the state law library where it shall be made available for
  1  8 inspection and reference.
  1  9    Sec. 2.  Section 256.54, subsection 2, paragraph b, Code
  1 10 1995, is amended to read as follows:
  1 11    b.  Maintain, as an integral part of the law library,
  1 12 reports of various boards and agencies, and copies of bills,
  1 13 journals, and other information relating to current or
  1 14 proposed legislation, and copies of the Iowa administrative
  1 15 bulletin and Iowa administrative code and any publications
  1 16 incorporated by reference in the bulletin or code.  
  1 17                           EXPLANATION
  1 18    This bill provides that all agencies which list standards
  1 19 adopted by reference to another publication must purchase and
  1 20 provide a copy of the publication to the administrative rules
  1 21 coordinator who shall deposit the copy with the state law
  1 22 library where it will be available for inspection and
  1 23 reference.  
  1 24                      BACKGROUND STATEMENT
  1 25                     SUBMITTED BY THE AGENCY
  1 26    State agencies are increasingly adopting standards by
  1 27 reference in their administrative rules.  Current policy
  1 28 requires the agency to reference the rule and detail where a
  1 29 copy may be obtained.  It does not currently require the
  1 30 agency or any other governmental entity to obtain and make
  1 31 available for further inspection a copy of the standard
  1 32 adopted by reference.  Any interested party wishing to review
  1 33 those requirements or standards referenced in rule may be
  1 34 required to purchase that information from the publishing
  1 35 source.  Sometimes the referenced standard is only a limited
  2  1 portion of a larger, more expensive publication.  Sometimes
  2  2 there are delays experienced in receiving this information.
  2  3 Fundamentally, if a standard or reference is made part of Iowa
  2  4 law through the administrative rulemaking process, then Iowa
  2  5 citizens should have a centralized location where that
  2  6 standard or reference can be consulted.  Currently the
  2  7 availability of that information is dispersed, inconvenient,
  2  8 and incomplete.  
  2  9 LSB 1133DP 76
  2 10 cl/cf/24
     
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