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
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2370.4075
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#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
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2370.4075
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#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
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#11.
#12.
#13.
______________________________
SEXTON
of
Calhoun
-4-
SF
2370.4075
(1)
90
je/ko
4/
4