House File 2162 - Introduced



                                   HOUSE FILE       
                                   BY  UPMEYER, DIX, PAULSEN, DOLECHECK,
                                       KURTENBACH, J.R. VAN FOSSEN,
                                       ELGIN, ROBERTS, JENKINS,
                                       HUSEMAN, HUTTER, BAUDLER,
                                       TYMESON, CHAMBERS, WILDERDYKE,
                                       ALONS, RAYHONS, HOFFMAN,
                                       and HEATON


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the scope of rulemaking authority delegated to
  2    an administrative agency.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5800HH 81
  5 jr/sh/8

PAG LIN



  1  1    Section 1.  Section 17A.23, unnumbered paragraph 3, Code
  1  2 Supplement 2005, is amended to read as follows:
  1  3    An agency shall have only that authority or discretion
  1  4 delegated to or conferred upon the agency by law and shall not
  1  5 expand or enlarge its authority or discretion beyond the
  1  6 powers delegated to or conferred upon the agency.  Unless
  1  7 otherwise specifically provided by statute, a delegation of
  1  8 rulemaking authority to a state agency shall be construed
  1  9 narrowly.
  1 10                           EXPLANATION
  1 11    This bill provides that grants of rulemaking authority to a
  1 12 state agency are to be construed narrowly, unless the statute
  1 13 itself provides otherwise.  A narrow construction would
  1 14 normally limit the discretion that an agency may exercise in
  1 15 interpreting a statutory provision through rulemaking.
  1 16 LSB 5800HH 81
  1 17 jr:rj/sh/8