House File 2219 - Introduced HOUSE FILE 2219 BY UPMEYER A BILL FOR An Act relating to requests for regulatory analysis of 1 administrative rules. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5976YH (1) 83 jr/nh
H.F. 2219 Section 1. Section 17A.4A, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. An agency shall issue a regulatory analysis of a proposed 3 rule that complies with subsection 2, paragraph “a” , if, 4 within thirty-two seventy days after the published notice of 5 proposed rule adoption, a written request for the analysis is 6 submitted to the agency by the administrative rules review 7 committee or the administrative rules coordinator. An agency 8 shall issue a regulatory analysis of a proposed rule that 9 complies with subsection 2, paragraph “b” , if the rule would 10 have a substantial impact on small business and if, within 11 thirty-two seventy days after the published notice of proposed 12 rule adoption, a written request for analysis is submitted to 13 the agency by the administrative rules review committee, the 14 administrative rules coordinator, at least twenty-five persons 15 signing that request who each qualify as a small business or by 16 an organization representing at least twenty-five such persons. 17 If a rule has been adopted without prior notice and an 18 opportunity for public participation in reliance upon section 19 17A.4, subsection 3, the written request for an analysis that 20 complies with subsection 2, paragraph “a” or “b” , may be made 21 within seventy days of publication of the rule. 22 Sec. 2. Section 17A.4A, subsection 4, Code 2009, is amended 23 to read as follows: 24 4. Upon receipt by an agency of a timely If a 25 written request for a regulatory analysis is received by the 26 agency prior to the adoption of a rule , the agency shall 27 extend the period specified in this chapter for each of the 28 following until at least twenty days after publication in the 29 administrative bulletin of a concise summary of the regulatory 30 analysis: 31 a. The end of the period during which persons may make 32 written submissions on the proposed rule. 33 b. The end of the period during which an oral proceeding may 34 be requested. 35 -1- LSB 5976YH (1) 83 jr/nh 1/ 2
H.F. 2219 c. The date of any required oral proceeding on the proposed 1 rule. 2 Sec. 3. Section 17A.4A, subsection 5, Code 2009, is amended 3 to read as follows: 4 5. a. In the case of a rule adopted without prior notice 5 and an opportunity for public participation in reliance upon 6 section 17A.4, subsection 3, the summary must be published 7 within seventy days of the request. 8 b. In the case of a rule adopted prior to the date of a 9 written request, but not yet effective, the effective date of 10 the rule is automatically delayed until thirty-five days after 11 publication in the administrative bulletin of a concise summary 12 of the regulatory analysis. 13 EXPLANATION 14 This bill extends the period for the request of a regulatory 15 analysis of an administrative rule from 32 to 70 days. In 16 the case of a rule adopted prior to the date of the written 17 request, but not yet effective, the bill would delay the 18 effective date of the rule until 35 days after publication 19 in the administrative bulletin of a concise summary of the 20 regulatory analysis. 21 -2- LSB 5976YH (1) 83 jr/nh 2/ 2