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