House File 2433 H-8171 Amend House File 2433 as follows: 1 1. Page 1, by striking line 22 and inserting < shall 2 follow Robert’s rules of order, in > 3 2. Page 1, after line 23 by inserting: 5 < Sec. ___. Section 17A.4, subsection 1, paragraph 6 b, Code 2011, is amended to read as follows: 7 b. (1) Afford all interested persons not less than 8 twenty days to submit data, views, or arguments in 9 writing , including in an electronic format . If timely 10 requested in writing by twenty-five interested persons, 11 by a governmental subdivision, by the administrative 12 rules review committee, by an agency, or by an 13 association having not less than twenty-five members, 14 the agency must give interested persons an opportunity 15 to make oral presentation. 16 (2) To the extent practicable, the agency shall 17 provide an opportunity to make these oral presentations 18 using the Iowa communications network or other 19 electronic means and provide public access at multiple 20 sites throughout the state. If a request is received 21 from twenty-five interested persons residing in the 22 same city or county, the agency shall provide an 23 opportunity for oral presentation in that city or 24 county. 25 (3) The opportunity for oral presentation must be 26 held at least twenty days after publication of the 27 notice of its time and place in the Iowa administrative 28 bulletin. The agency shall consider fully all written 29 and oral submissions respecting the proposed rule. 30 Within one hundred eighty days following either 31 the notice published according to the provisions 32 of paragraph “a” or within one hundred eighty days 33 after the last date of the oral presentations on the 34 proposed rule, whichever is later, the agency shall 35 adopt a rule pursuant to the rulemaking proceeding or 36 shall terminate the proceeding by publishing notice of 37 termination in the Iowa administrative bulletin. 38 Sec. ___. Section 17A.4, subsection 2, Code 2011, 39 is amended to read as follows: 40 2. An agency shall include in a preamble to each 41 rule it proposes or adopts a brief explanation of the 42 principal reasons for its action a specific reference 43 to the Code section or sections being implemented 44 and a concise statement of the principal reasons for 45 and against the rule adopted, incorporating in the 46 statement the reasons for overruling considerations 47 urged against the rule and, if applicable, a brief 48 explanation of the principal reasons for its failure 49 to provide in that the rule for the waiver of the rule 1 in specified situations if no such waiver provision is 2 -1- HF2433.4885 (3) 84 jr/rj 1/ 4 #1. #2.

included in the rule. This explanatory requirement 3 does not apply when the agency adopts a rule that only 4 defines the meaning of a provision of law if the agency 5 does not possess delegated authority to bind the courts 6 to any extent with its definition. In addition, if 7 requested to do so by an interested person, either 8 prior to adoption or within thirty days thereafter, the 9 agency shall issue a concise statement of the principal 10 reasons for and against the rule adopted, incorporating 11 therein the reasons for overruling considerations urged 12 against the rule. This concise statement shall be 13 issued either at the time of the adoption of the rule 14 or within thirty-five days after the agency receives 15 the request. > 16 3. Page 3, after line 20 by inserting: 17 < Sec. ___. NEW SECTION . 17A.6A Rulemaking internet 18 site. 19 1. Subject to the direction of the administrative 20 rules coordinator, each agency shall make available to 21 the public a uniform, searchable, and user-friendly 22 rules database, published on an internet site. 23 2. An agency’s rulemaking internet site shall also 24 make available to the public all of the following: 25 a. A brief summary of the rulemaking process, 26 including a description of any opportunity for public 27 participation in the process. 28 b. Process forms for filing comments or complaints 29 concerning proposed or adopted rules. 30 c. Process forms and instructions for filing a 31 petition for rulemaking, a petition for a declaratory 32 order, or a request for a waiver of an administrative 33 rule. 34 d. Any other material prescribed by the 35 administrative rules coordinator. 36 3. To the extent practicable, the administrative 37 rules coordinator shall create a uniform format for 38 rulemaking internet sites. > 39 4. Page 5, after line 9 by inserting: 40 < Sec. ___. Section 17A.23, Code 2011, is amended to 41 read as follows: 42 17A.23 Construction —— delegation of authority . 43 1. Except as expressly provided otherwise by this 44 chapter or by another statute referring to this chapter 45 by name, the rights created and the requirements 46 imposed by this chapter shall be in addition to those 47 created or imposed by every other statute in existence 48 on July 1, 1975, or enacted after that date. If any 49 other statute in existence on July 1, 1975, or enacted 50 after that date diminishes a right conferred upon a 1 person by this chapter or diminishes a requirement 2 -2- HF2433.4885 (3) 84 jr/rj 2/ 4 #3. #4.

imposed upon an agency by this chapter , this chapter 3 shall take precedence unless the other statute 4 expressly provides that it shall take precedence over 5 all or some specified portion of this named cited 6 chapter. 7 2. This chapter shall be construed broadly to 8 effectuate its purposes. This chapter shall also 9 be construed to apply to all agencies not expressly 10 exempted by this chapter or by another statute 11 specifically referring to this chapter by name 12 citation ; and except as to proceedings in process on 13 July 1, 1975, this chapter shall be construed to apply 14 to all covered agency proceedings and all agency action 15 not expressly exempted by this chapter or by another 16 statute specifically referring to this chapter by name 17 citation . 18 3. An agency shall have only that authority or 19 discretion delegated to or conferred upon the agency by 20 law and shall not expand or enlarge its authority or 21 discretion beyond the powers delegated to or conferred 22 upon the agency. Unless otherwise specifically 23 provided in statute, a grant of rulemaking authority 24 shall be construed narrowly. 25 Sec. ___. NEW SECTION . 17A.24 Rule implementation 26 of federal statute, regulation, or policy. 27 1. Except as otherwise explicitly authorized by 28 state law, an agency charged with the implementation 29 of a federal statute, regulation, or policy shall not 30 implement the federal statute, regulation, or policy in 31 a manner that exceeds the specific requirements of the 32 federal statute, regulation, or policy. 33 2. Any portion of an agency rule or policy that 34 implements a federal statute, regulation, or policy 35 and that exceeds the specific requirements of the 36 federal statute, regulation, or policy is automatically 37 superceded by the specific requirements of that federal 38 statute, regulation, or policy. > 39 5. Page 5, after line 13 by inserting: 40 < Sec. ___. Section 99D.7, subsection 19, Code 41 Supplement 2011, is amended to read as follows: 42 19. To revoke or suspend licenses and impose fines 43 not to exceed one thousand dollars. The commission 44 shall not treat a deferred judgment or a final order 45 resulting in a deferred judgment, as deferred judgment 46 is defined in section 907.1, as a conviction in 47 determining whether there are grounds for licensee 48 discipline or license denial, unless the deferred 49 judgment is withdrawn and judgment is entered as 50 provided in section 907.3, subsection 1. 1 Sec. ___. Section 99F.4, subsection 12, Code 2011, 2 -3- HF2433.4885 (3) 84 jr/rj 3/ 4 #5.

is amended to read as follows: 3 12. To assess a fine and revoke or suspend 4 licenses. The commission shall not treat a deferred 5 judgment or a final order resulting in a deferred 6 judgment, as deferred judgment is defined in section 7 907.1, as a conviction in determining whether there 8 are grounds for licensee discipline or license denial, 9 unless the deferred judgment is withdrawn and judgment 10 is entered as provided in section 907.3, subsection 1. > 11 6. Page 7, by striking lines 13 through 26. 12 7. Page 8, after line 3 by inserting: 13 < Sec. ___. ENVIRONMENTAL REGULATION STUDY. 14 1. The legislative council, in consultation with 15 the department of natural resources, shall establish 16 a study to analyze the projected financial effects 17 of current and proposed United States environmental 18 protection agency regulations and Iowa department of 19 natural resources rules on Iowa cities over a ten-year 20 period. 21 2. The study should include an analysis of 22 projected financial costs of such regulations and rules 23 on a hypothetical small Iowa community, medium-sized 24 Iowa community, and large Iowa community. 25 3. The study shall be concluded by June 30, 2013, 26 and a report shall be provided to the members of the 27 general assembly and to the governor. > 28 8. By renumbering as necessary. 29 ______________________________ PETTENGILL of Benton -4- HF2433.4885 (3) 84 jr/rj 4/ 4 #6. #7. #8.