House File 2218 - Introduced HOUSE FILE 2218 BY UPMEYER , HEATON , and R. OLSON A BILL FOR An Act relating to the scope of rulemaking authority for state 1 agencies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5485YH (6) 83 tm/rj

H.F. 2218 Section 1. Section 17A.23, unnumbered paragraph 3, Code 1 2009, is amended to read as follows: 2 An agency shall have only that authority or discretion 3 delegated to or conferred upon the agency by law and shall not 4 expand or enlarge its authority or discretion beyond the powers 5 delegated to or conferred upon the agency. Any authority or 6 discretion delegated to or conferred upon an agency to adopt 7 rules shall be narrowly construed. 8 EXPLANATION 9 This bill relates to the scope of rulemaking authority for 10 state agencies. 11 The bill provides that rulemaking authority for state 12 agencies shall be narrowly construed. “Agency” means each 13 board, commission, department, officer, or other administrative 14 office or unit of the state, but does not mean the general 15 assembly, the judicial branch or any of its components, the 16 office of consumer advocate, the governor, or a political 17 subdivision of the state or its offices and units. 18 -1- LSB 5485YH (6) 83 tm/rj 1/ 1