House File 2215 - Introduced HOUSE FILE BY EICHHORN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to requests for regulatory analysis of 2 administrative rules. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5804HH 81 5 jr/je/5 PAG LIN 1 1 Section 1. Section 17A.4A, subsection 1, Code 2005, is 1 2 amended to read as follows: 1 3 1. An agency shall issue a regulatory analysis of a 1 4 proposed rule that complies with subsection 2, paragraph "a", 1 5 if, withinthirty=twoseventy days after the published notice 1 6 of proposed rule adoption, a written request for the analysis 1 7 is submitted to the agency by the administrative rules review 1 8 committee or the administrative rules coordinator. An agency 1 9 shall issue a regulatory analysis of a proposed rule that 1 10 complies with subsection 2, paragraph "b", if the rule would 1 11 have a substantial impact on small business and if, within 1 12thirty=twoseventy days after the published notice of proposed 1 13 rule adoption, a written request for analysis is submitted to 1 14 the agency by the administrative rules review committee, the 1 15 administrative rules coordinator, at least twenty=five persons 1 16 signing that request who each qualify as a small business or 1 17 by an organization representing at least twenty=five such 1 18 persons. If a rule has been adopted without prior notice and 1 19 an opportunity for public participation in reliance upon 1 20 section 17A.4, subsection 2, the written request for an 1 21 analysis that complies with subsection 2, paragraph "a" or 1 22 "b", may be made within seventy days of publication of the 1 23 rule. 1 24 Sec. 2. Section 17A.4A, subsection 4, Code 2005, is 1 25 amended to read as follows: 1 26 4.Upon receipt by an agency of a timelyIf a written 1 27 request for a regulatory analysis is received by the agency 1 28 prior to the adoption of a rule, the agency shall extend the 1 29 period specified in this chapter for each of the following 1 30 until at least twenty days after publication in the 1 31 administrative bulletin of a concise summary of the regulatory 1 32 analysis: 1 33 a. The end of the period during which persons may make 1 34 written submissions on the proposed rule. 1 35 b. The end of the period during which an oral proceeding 2 1 may be requested. 2 2 c. The date of any required oral proceeding on the 2 3 proposed rule. 2 4 In the case of a rule adopted without prior notice and an 2 5 opportunity for public participation in reliance upon section 2 6 17A.4, subsection 2, the summary must be published within 2 7 seventy days of the request. 2 8 In the case of a rule adopted prior to the date of a 2 9 written request, but not yet effective, the effective date of 2 10 the rule is automatically delayed until thirty=five days after 2 11 publication in the administrative bulletin of a concise 2 12 summary of the regulatory analysis. In the case of a rule 2 13 adopted without prior notice and an opportunity for public 2 14 participation in reliance upon section 17A.4, subsection 2, 2 15 the summary must be published within seventy days of the 2 16 request. 2 17 EXPLANATION 2 18 This bill extends the period for the request of a 2 19 regulatory analysis of an administrative rule from 32 to 70 2 20 days. In the case of a rule adopted prior to the date of the 2 21 written request, but not yet effective, the bill would delay 2 22 the effective date of the rule until 35 days after publication 2 23 in the administrative bulletin of a concise summary of the 2 24 regulatory analysis. 2 25 LSB 5804HH 81 2 26 jr:nh/je/5