Senate File 2370 H-8281 Amend Senate File 2370, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking page 1, line 28, through page 2, line 8. 3 2. Page 3, by striking lines 2 through 4 and inserting < for 4 oral presentation required by subsection 4. In the case of a 5 rule adopted without > 6 3. Page 4, by striking line 5 and inserting: 7 < Sec. ___. Section 17A.6, subsections 3 and 4, Code 2024, 8 are amended > 9 4. Page 4, after line 21 by inserting: 10 < 4. In lieu of the procedures established in subsection 3 , 11 an agency may establish alternative procedures providing for 12 public access to an electronic or printed copy of a publication 13 containing standards adopted by reference if the publication is 14 proprietary or contains proprietary information. For purposes 15 of this subsection, “public access” means access that does not 16 require purchase of the publication or payment for access to 17 the publication. > 18 5. Page 5, line 17, by striking < subsection > and inserting 19 < subsections > 20 6. Page 6, after line 28 by inserting: 21 < NEW SUBSECTION . 4. a. If a rule or portion of a rule 22 adopted by an agency is determined by a court of competent 23 jurisdiction to exceed the statutory authority of the agency 24 or to be invalid on other grounds, or if a statute granting 25 an agency authority to adopt a rule or portion of a rule 26 is determined by a court of competent jurisdiction to be 27 unconstitutional or to be invalid on other grounds, the agency, 28 after the conclusion of any applicable period for appeals, 29 shall notify the administrative code editor in writing of the 30 court’s decision. The notification shall include a copy of 31 the decision and a citation to the affected rule or portion of 32 the rule. The administrative rules coordinator may notify the 33 administrative code editor in writing on behalf of the agency. 34 b. As soon as practicable after receiving such notification, 35 -1- SF 2370.4075 (1) 90 je/ko 1/ 4 #1. #2. #3. #4. #5. #6.
the administrative code editor shall publish notice in the 1 Iowa administrative bulletin of the court’s decision and the 2 citation of the affected rule or portion of the rule and, no 3 sooner than two weeks after such publication, remove the rule 4 or portion of the rule from the Iowa administrative code. > 5 7. Page 9, after line 9 by inserting: 6 < (5) An agency may by rule define an ambiguous statutory 7 term that is not defined by statute if a statute explicitly 8 grants the agency rulemaking authority over the statute in 9 which the ambiguous term is included. > 10 8. Page 10, after line 11 by inserting: 11 < Sec. ___. Section 200.14, Code 2024, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 4. Rules adopted to implement this chapter 14 are not subject to section 17A.7, subsection 2 or 3. 15 Sec. ___. Section 200A.4, Code 2024, is amended to read as 16 follows: 17 200A.4 Rulemaking. 18 1. The department shall adopt all rules necessary to 19 administer this chapter including but not limited to rules 20 regulating licensure, labeling, registration, distribution, and 21 storage of bulk dry animal nutrient products. A violation of 22 this chapter includes a violation of any rule adopted pursuant 23 to this section as provided in chapter 17A . 24 2. Rules adopted to administer this chapter are not subject 25 to section 17A.7, subsection 2 or 3. > 26 9. Page 10, line 19, by striking < subsection are > and 27 inserting < section are > 28 10. Page 10, after line 19 by inserting: 29 < Sec. ___. Section 459.103, Code 2024, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 3. Rules adopted to implement this chapter 32 are not subject to section 17A.7, subsection 2 or 3. 33 Sec. ___. Section 459A.104, Code 2024, is amended by adding 34 the following new subsection: 35 -2- SF 2370.4075 (1) 90 je/ko 2/ 4 #7. #8. #9. #10.
NEW SUBSECTION . 4. Rules adopted to implement this chapter 1 are not subject to section 17A.7, subsection 2 or 3. 2 Sec. ___. Section 459B.104, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. Rules adopted to implement this chapter 5 are not subject to section 17A.7, subsection 2 or 3. > 6 11. Page 10, by striking lines 20 through 29 and inserting: 7 < Sec. ___. Section 505.35, subsection 2, Code 2024, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . f. Model laws, regulations, and guidelines, 10 including references to federal statutes or regulations 11 contained therein. 12 Sec. ___. Section 546.2, subsection 6, paragraph a, Code 13 2024, is amended to read as follows: 14 a. Each division shall adopt rules pursuant to chapter 17A 15 to implement its duties. Such rules shall not be subject to 16 section 17A.7, subsection 3. 17 Sec. ___. Section 546.2, subsection 6, Code 2024, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . c. Each division has explicit authority 20 to adopt rules pursuant to chapter 17A consistent with model 21 or uniform regulations approved by national, federal, or 22 international insurance, securities, banking, or credit union 23 regulatory organizations, and not inconsistent with Iowa law. 24 Such rules are exempt from the requirements of section 17A.6, 25 subsection 5. > 26 12. Page 10, before line 30 by inserting: 27 < Sec. ___. EFFECTIVE DATE. The sections of this division of 28 this Act amending sections 17A.19 and 17A.23 take effect July 29 1, 2027. > 30 13. Title page, line 2, after < matters > by inserting < , and 31 including effective date provisions > 32 14. By renumbering as necessary. 33 -3- SF 2370.4075 (1) 90 je/ko 3/ 4 #11. #12. #13.
______________________________ SEXTON of Calhoun -4- SF 2370.4075 (1) 90 je/ko 4/ 4