House Study Bill 34



                                   HOUSE FILE       
                                   BY  (PROPOSED COMMITTEE ON
                                        STATE GOVERNMENT BILL
                                        BY CHAIRPERSON ELGIN)


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

                                      A BILL FOR

  1 An Act relating to the request for a regulatory analysis.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1980HC 81
  4 jr/gg/14

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, at least
  1  9 twenty=five persons who are directly and adversely affected by
  1 10 the rule signing the request, or an organization representing
  1 11 at least twenty=five such persons.  An agency shall issue a
  1 12 regulatory analysis of a proposed rule that complies with
  1 13 subsection 2, paragraph "b", if the rule would have a
  1 14 substantial impact on small business and if, within thirty=two
  1 15 seventy days after the published notice of proposed rule
  1 16 adoption, a written request for analysis is submitted to the
  1 17 agency by the administrative rules review committee, the
  1 18 administrative rules coordinator, at least twenty=five persons
  1 19 signing that request who each qualify as a small business, or
  1 20 by an organization representing at least twenty=five such
  1 21 persons.  If a rule has been adopted without prior notice and
  1 22 an opportunity for public participation in reliance upon
  1 23 section 17A.4, subsection 2, the written request for an
  1 24 analysis that complies with subsection 2, paragraph "a" or
  1 25 "b", may be made within seventy days of publication of the
  1 26 rule.
  1 27    Sec. 2.  Section 17A.4A, subsection 4, unnumbered paragraph
  1 28 1, Code 2005, is amended to read as follows:
  1 29    Upon receipt by an agency of a timely request for a
  1 30 regulatory analysis, which is received prior to the adoption
  1 31 of the rule, the agency shall extend the period specified in
  1 32 this chapter for each of the following until at least twenty
  1 33 days after publication in the administrative bulletin of a
  1 34 concise summary of the regulatory analysis:
  1 35                           EXPLANATION
  2  1    This bill expands the period for requesting a regulatory
  2  2 analysis statement for new administrative rules.  The current
  2  3 period is 32 days from the publication of a notice of intended
  2  4 action.  The bill expands this period to 70 days.  The bill
  2  5 also expands the eligible requesters of these analyses by
  2  6 allowing 25 persons who are directly and adversely impacted by
  2  7 the rule or an organization representing 25 such persons to
  2  8 make the demand.
  2  9 LSB 1980HC 81
  2 10 jr:rj/gg/14