House Amendment to Senate File 2370 S-5182 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, line 6, by striking < paragraph “a” > and inserting 21 < this subsection > 22 7. Page 6, after line 28 by inserting: 23 < f. The administrative rules review committee may grant 24 a six-month extension of the date of rescission of a chapter 25 of rules provided in this subsection upon written request by 26 the agency that adopted the chapter. The request shall be 27 submitted to the administrative rules review committee by the 28 agency at least thirty days before the date of rescission with 29 a copy provided to the administrative code editor. The request 30 shall include an explanation of the agency’s reasoning for 31 seeking an extension and any other information the agency finds 32 appropriate. If the administrative rules review committee 33 approves the request, the administrative code editor shall 34 update the rescission date included with the chapter pursuant 35 -1- SF 2370.4343.H (2) 90 md 1/ 4 #1. #2. #3. #4. #5. #6. #7.
to paragraph “d” . 1 NEW SUBSECTION . 4. a. If a rule or portion of a rule 2 adopted by an agency is determined by a court of competent 3 jurisdiction to exceed the statutory authority of the agency 4 or to be invalid on other grounds, or if a statute granting 5 an agency authority to adopt a rule or portion of a rule 6 is determined by a court of competent jurisdiction to be 7 unconstitutional or to be invalid on other grounds, the agency, 8 after the conclusion of any applicable period for appeals, 9 shall notify the administrative code editor in writing of the 10 court’s decision. The notification shall include a copy of 11 the decision and a citation to the affected rule or portion of 12 the rule. The administrative rules coordinator may notify the 13 administrative code editor in writing on behalf of the agency. 14 b. As soon as practicable after receiving such notification, 15 the administrative code editor shall publish notice in the 16 Iowa administrative bulletin of the court’s decision and the 17 citation of the affected rule or portion of the rule and, no 18 sooner than two weeks after such publication, remove the rule 19 or portion of the rule from the Iowa administrative code. > 20 8. By striking page 6, line 29, through page 9, line 18. > 21 9. Page 10, after line 11 by inserting: 22 < Sec. ___. Section 200.14, Code 2024, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 4. Rules adopted to implement this chapter 25 are not subject to section 17A.7, subsection 2 or 3. 26 Sec. ___. Section 200A.4, Code 2024, is amended to read as 27 follows: 28 200A.4 Rulemaking. 29 1. The department shall adopt all rules necessary to 30 administer this chapter including but not limited to rules 31 regulating licensure, labeling, registration, distribution, and 32 storage of bulk dry animal nutrient products. A violation of 33 this chapter includes a violation of any rule adopted pursuant 34 to this section as provided in chapter 17A . 35 -2- SF 2370.4343.H (2) 90 md 2/ 4 #8. #9.
2. Rules adopted to administer this chapter are not subject 1 to section 17A.7, subsection 2 or 3. > 2 10. Page 10, line 19, by striking < subsection are > and 3 inserting < section are > 4 11. Page 10, after line 19 by inserting: 5 < Sec. ___. Section 459.103, Code 2024, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 3. Rules adopted to implement this chapter 8 are not subject to section 17A.7, subsection 2 or 3. 9 Sec. ___. Section 459A.104, Code 2024, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 4. Rules adopted to implement this chapter 12 are not subject to section 17A.7, subsection 2 or 3. 13 Sec. ___. Section 459B.104, Code 2024, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 4. Rules adopted to implement this chapter 16 are not subject to section 17A.7, subsection 2 or 3. > 17 12. Page 10, by striking lines 20 through 29 and inserting: 18 < Sec. ___. Section 505.35, subsection 2, Code 2024, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . f. Model laws, regulations, and guidelines, 21 including references to federal statutes or regulations 22 contained therein. 23 Sec. ___. Section 546.2, subsection 6, paragraph a, Code 24 2024, is amended to read as follows: 25 a. Each division shall adopt rules pursuant to chapter 17A 26 to implement its duties. Such rules shall not be subject to 27 section 17A.7, subsection 3. 28 Sec. ___. Section 546.2, subsection 6, Code 2024, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. Each division may adopt rules pursuant 31 to chapter 17A consistent with model or uniform regulations 32 approved by national, federal, or international insurance, 33 securities, banking, or credit union regulatory organizations, 34 and not inconsistent with Iowa law. Such rules are exempt from 35 -3- SF 2370.4343.H (2) 90 md 3/ 4 #10. #11. #12.
the requirements of section 17A.6, subsection 5. > 1 13. By renumbering as necessary. 2 -4- SF 2370.4343.H (2) 90 md 4/ 4