HF 2219 (LSB 5976YH (1) 83)

HOUSE FILE 2219

BY  UPMEYER

A BILL FOR

An Act relating to requests for regulatory analysis of administrative rules.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.4A, subsection 1, Code 2009, is amended to read as follows:
   1.  An agency shall issue a regulatory analysis of a proposed rule that complies with subsection 2, paragraph “a”, if, within thirty-two seventy days after the published notice of proposed rule adoption, a written request for the analysis is submitted to the agency by the administrative rules review committee or the administrative rules coordinator. An agency shall issue a regulatory analysis of a proposed rule that complies with subsection 2, paragraph “b”, if the rule would have a substantial impact on small business and if, within thirty-two seventy days after the published notice of proposed rule adoption, a written request for analysis is submitted to the agency by the administrative rules review committee, the administrative rules coordinator, at least twenty-five persons signing that request who each qualify as a small business or by an organization representing at least twenty-five such persons. If a rule has been adopted without prior notice and an opportunity for public participation in reliance upon section 17A.4, subsection 3, the written request for an analysis that complies with subsection 2, paragraph “a” or “b”, may be made within seventy days of publication of the rule.
    Sec. 2.  Section 17A.4A, subsection 4, Code 2009, is amended to read as follows:
   4.  Upon receipt by an agency of a timely If a written request for a regulatory analysis is received by the agency prior to the adoption of a rule, the agency shall extend the period specified in this chapter for each of the following until at least twenty days after publication in the administrative bulletin of a concise summary of the regulatory analysis:
   a.  The end of the period during which persons may make written submissions on the proposed rule.
   b.  The end of the period during which an oral proceeding may be requested.
   c.  The date of any required oral proceeding on the proposed rule.
    Sec. 3.  Section 17A.4A, subsection 5, Code 2009, is amended to read as follows:
   5.  a.  In the case of a rule adopted without prior notice and an opportunity for public participation in reliance upon section 17A.4, subsection 3, the summary must be published within seventy days of the request.
   b.  In the case of a rule adopted prior to the date of a written request, but not yet effective, the effective date of the rule is automatically delayed until thirty-five days after publication in the administrative bulletin of a concise summary of the regulatory analysis.
EXPLANATION
   This bill extends the period for the request of a regulatory analysis of an administrative rule from 32 to 70 days. In the case of a rule adopted prior to the date of the written request, but not yet effective, the bill would delay the effective date of the rule until 35 days after publication in the administrative bulletin of a concise summary of the regulatory analysis.