HF 2218 (LSB 5485YH (6) 83)

HOUSE FILE 2218

BY  UPMEYER, HEATON, and 

R. OLSON

A BILL FOR

An Act relating to the scope of rulemaking authority for state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.23, unnumbered paragraph 3, Code 2009, is amended to read as follows:
   An agency shall have only that authority or discretion delegated to or conferred upon the agency by law and shall not expand or enlarge its authority or discretion beyond the powers delegated to or conferred upon the agency.  Any authority or discretion delegated to or conferred upon an agency to adopt rules shall be narrowly construed.
EXPLANATION
   This bill relates to the scope of rulemaking authority for state agencies.
   The bill provides that rulemaking authority for state agencies shall be narrowly construed. “Agency” means each board, commission, department, officer, or other administrative office or unit of the state, but does not mean the general assembly, the judicial branch or any of its components, the office of consumer advocate, the governor, or a political subdivision of the state or its offices and units.