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, within thirty=two seventy 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 12 thirty=two seventy 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 timely If 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