House File 134 - Introduced
HOUSE FILE
BY J.K. VAN FOSSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring special notice and analysis for any rulemaking
2 having a substantial impact on small business.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1185YH 81
5 jr/cf/24
PAG LIN
1 1 Section 1. Section 17A.4, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3A. Any notice of intended action or rule
1 4 filed without notice pursuant to subsection 2, which may have
1 5 a substantial impact on small business, as defined in section
1 6 17A.4A, subsection 7, shall summarize that impact in the
1 7 preamble of the notice of intended action or the preamble of a
1 8 rule filed without notice. The notice of intended action
1 9 shall not be adopted until at least twenty days after a
1 10 regulatory analysis has been completed as provided in section
1 11 17A.4A, subsection 1, and has been published in the Iowa
1 12 administrative bulletin. For a rule filed without notice, the
1 13 analysis must be completed and published in the Iowa
1 14 administrative bulletin within seventy days of the publication
1 15 of the rule filed without notice.
1 16 Sec. 2. Section 17A.4A, subsection 1, Code 2005, is
1 17 amended to read as follows:
1 18 1. An agency shall issue a regulatory analysis of a
1 19 proposed rule or rule that is filed without notice that
1 20 complies with subsection 2, paragraph "a", if, within thirty=
1 21 two days after the published notice of proposed rule adoption,
1 22 a written request for the analysis is submitted to the agency
1 23 by the administrative rules review committee or the
1 24 administrative rules coordinator. An agency shall
1 25 automatically issue a regulatory analysis of a proposed rule
1 26 or rule that is filed without notice that complies with
1 27 subsection 2, paragraph "b", if the rule would have a
1 28 substantial impact on small business and if, within thirty=two
1 29 days after the published notice of proposed rule adoption, a
1 30 written request for analysis is submitted to the agency by the
1 31 administrative rules review committee, the administrative
1 32 rules coordinator, at least twenty=five persons signing that
1 33 request who each qualify as a small business or by an
1 34 organization representing at least twenty=five such persons.
1 35 If a rule has been adopted without prior notice and an
2 1 opportunity for public participation in reliance upon section
2 2 17A.4, subsection 2, the written request for an analysis that
2 3 complies with subsection 2, paragraph "a" or "b", may be made
2 4 within seventy days of publication of the rule.
2 5 EXPLANATION
2 6 Under current law there are two types of regulatory
2 7 analyses of administrative rules, a more general regulatory
2 8 analysis and a very specific small business regulatory
2 9 analysis. Each type of analysis has a somewhat different
2 10 format and is requested in a different manner. They are not
2 11 provided automatically for every rulemaking. A regulatory
2 12 analysis can be requested by the administrative rules review
2 13 committee or the administrative rules coordinator. A small
2 14 business analysis can be requested by those same entities, but
2 15 it can also be requested by a petition signed by at least 25
2 16 persons who each qualify as a small business or by an
2 17 organization representing at least 25 such persons.
2 18 This bill requires that any agency rulemaking, which has a
2 19 substantial impact on small business, must indicate that fact
2 20 in the preamble of the notice of intended action. The bill
2 21 also requires the preparation of a small business regulatory
2 22 analysis for every notice of intended action, or rule filed
2 23 without notice, that may have a substantial impact on small
2 24 business. The substantial impact standard is currently the
2 25 standard used in Code chapter 17A to trigger a small business
2 26 analysis. The bill, however, no longer requires a request to
2 27 trigger the analysis. Under the bill a notice of intended
2 28 action cannot be adopted until at least 20 days after the
2 29 analysis has been prepared and published in the Iowa
2 30 administrative bulletin. In the case of emergency rules,
2 31 which are made effective without notice, the analysis must be
2 32 prepared and published within 70 days of publication of the
2 33 rule.
2 34 LSB 1185YH 81
2 35 jr:rj/cf/24