Senate File 65 - Introduced
SENATE FILE
BY McKINLEY, HAHN, and BEHN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the review of administrative rules for their
2 impact on small business.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1887SS 81
5 jr/pj/5
PAG LIN
1 1 Section 1. Section 15.106, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 8A. Analyze each notice of intended
1 4 action or rule filed without notice which may have a
1 5 substantial impact on small business and submit its analysis
1 6 and findings on that impact as required by section 17A.4,
1 7 subsection 3A.
1 8 Sec. 2. Section 17A.4, Code 2005, is amended by adding the
1 9 following new subsection:
1 10 NEW SUBSECTION. 3A. Any notice of intended action or rule
1 11 filed without notice pursuant to subsection 2, which may have
1 12 a substantial impact on small business, as defined in section
1 13 17A.4A, subsection 7, shall summarize that impact in the
1 14 preamble of the notice of intended action or the preamble of a
1 15 rule filed without notice. In addition, the agency shall
1 16 notify the department of economic development of this intended
1 17 action or rule and its possible impact on small business. The
1 18 department of economic development shall analyze the
1 19 rulemaking and determine whether the impact on small business
1 20 is substantial, adverse, and whether any feasible alternatives
1 21 exist to reduce the impact. The department shall submit its
1 22 analysis and findings to the administrative rules coordinator,
1 23 the administrative rules review committee, and the agency. A
1 24 rule which is the subject of the notice of intended action
1 25 shall not be adopted until the analysis has been completed.
1 26 For a rule filed without notice, the analysis must be
1 27 submitted within seventy days of the publication of the rule.
1 28 Sec. 3. Section 17A.4A, subsection 1, Code 2005, is
1 29 amended to read as follows:
1 30 1. An agency shall issue a regulatory analysis of a
1 31 proposed rule that complies with subsection 2, paragraph "a",
1 32 if, within thirty=two days after the published notice of
1 33 proposed rule adoption, a written request for the analysis is
1 34 submitted to the agency by the administrative rules review
1 35 committee or the administrative rules coordinator. An agency
2 1 shall issue a regulatory analysis of a proposed rule that
2 2 complies with subsection 2, paragraph "b", if the rule would
2 3 have a substantial impact on small business and if, within
2 4 thirty=two days after the published notice of proposed rule
2 5 adoption, a written request for analysis is submitted to the
2 6 agency by the administrative rules review committee, the
2 7 administrative rules coordinator, the department of economic
2 8 development, at least twenty=five persons signing that request
2 9 who each qualify as a small business or by an organization
2 10 representing at least twenty=five such persons. If a rule has
2 11 been adopted without prior notice and an opportunity for
2 12 public participation in reliance upon section 17A.4,
2 13 subsection 2, the written request for an analysis that
2 14 complies with subsection 2, paragraph "a" or "b", may be made
2 15 within seventy days of publication of the rule.
2 16 Sec. 4. Section 17A.33, Code 2005, is amended to read as
2 17 follows:
2 18 17A.33 REVIEW BY ADMINISTRATIVE RULES REVIEW COMMITTEE.
2 19 The administrative rules review committee shall review
2 20 existing rules, as time permits, to determine if there are
2 21 adverse or beneficial effects from these rules. The committee
2 22 shall give a high priority to review rules that are referred
2 23 to it by small business as defined in section 17A.4A, and
2 24 rules identified by the department of economic development as
2 25 having a substantial and adverse impact on small business.
2 26 The review of these rules shall be forwarded to the
2 27 appropriate standing committees of the house and senate.
2 28 EXPLANATION
2 29 This bill requires any new rule having a substantial impact
2 30 on small business to indicate that fact in the preamble of the
2 31 filing and requires the agency promulgating the rule to notify
2 32 the department of economic development. The department is
2 33 then required to analyze this impact and determine whether any
2 34 feasible alternatives exist to reduce that impact. This
2 35 analysis is to be provided to the administrative rules
3 1 coordinator, the administrative rules review committee, and
3 2 the agency. The bill also authorizes the department of
3 3 economic development to demand an agency to issue a small
3 4 business regulatory flexibility analysis and requires the
3 5 administrative rules review committee to review new rules
3 6 identified as having a substantial and adverse impact on small
3 7 business.
3 8 LSB 1887SS 81
3 9 jr:rj/pj/5