House File 491 - Introduced HOUSE FILE 491 BY COMMITTEE ON ECONOMIC GROWTH/REBUILD IOWA (SUCCESSOR TO HF 263) A BILL FOR An Act requiring regulatory analysis for new administrative 1 rules regarding the impact of the rules on small business. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1147HV (2) 84 je/nh

H.F. 491 Section 1. Section 17A.4A, subsections 1, 4, and 5, Code 1 2011, are amended to read as follows: 2 1. a. An agency shall issue a regulatory analysis of 3 a proposed rule that complies with subsection 2 , paragraph 4 “a” , if, within thirty-two 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. If a rule 8 has been adopted without prior notice and an opportunity for 9 public participation in reliance upon section 17A.4, subsection 10 3, the written request for an analysis that complies with 11 subsection 2, paragraph “a” , may be made within seventy days of 12 publication of the rule. 13 b. An agency shall issue a regulatory analysis of a proposed 14 rule that complies with subsection 2 , paragraph “b” , if the 15 rule would have a substantial impact on small business and if, 16 within thirty-two days after the published notice of proposed 17 rule adoption, a written request for analysis is submitted to 18 the agency by the administrative rules review committee, the 19 administrative rules coordinator, at least twenty-five persons 20 signing that request who each qualify as a small business or 21 by an organization representing at least twenty-five such 22 persons , as determined by the agency pursuant to rules adopted 23 by the agency pursuant to paragraph “c” . The analysis shall 24 be completed prior to publication in the Iowa administrative 25 bulletin of notice of the intended action pursuant to section 26 17A.4, subsection 1, paragraph “a” . A concise summary of the 27 analysis shall be published in the Iowa administrative bulletin 28 along with the notice of intended action. If a rule has been 29 adopted without prior notice and an opportunity for public 30 participation in reliance upon section 17A.4, subsection 3 , the 31 written request for an analysis that complies with subsection 32 2 , paragraph “a” or “b” , may be made shall be issued within 33 seventy days of publication of the rule and a concise summary 34 of the analysis shall be published in the Iowa administrative 35 -1- LSB 1147HV (2) 84 je/nh 1/ 3

H.F. 491 bulletin . 1 c. Each agency shall adopt rules setting out criteria for 2 the determination of whether a rule proposed by the agency may 3 have a substantial impact on small business. Such criteria 4 shall include all of the following: 5 (1) Any adverse impacts upon small business. 6 (2) Any negative impacts upon job growth. 7 4. Upon receipt by an agency of a timely request for a 8 regulatory analysis pursuant to subsection 1, paragraph “a” , 9 the agency shall extend the period specified in this chapter 10 for each of the following until at least twenty days after 11 publication in the Iowa administrative bulletin of a concise 12 summary of the regulatory analysis: 13 a. The end of the period during which persons may make 14 written submissions on the proposed rule. 15 b. The end of the period during which an oral proceeding may 16 be requested. 17 c. The date of any required oral proceeding on the proposed 18 rule. 19 5. In the case of a rule adopted without prior notice and an 20 opportunity for public participation in reliance upon section 21 17A.4, subsection 3 , the a summary pursuant to subsection 1, 22 paragraph “a” , must be published within seventy days of the 23 request. 24 Sec. 2. Section 17A.33, Code 2011, is amended to read as 25 follows: 26 17A.33 Review by administrative rules review committee. 27 The administrative rules review committee shall review 28 existing rules, as time permits, to determine if there are 29 adverse or beneficial effects from these rules. The committee 30 shall give a high priority to rules that are referred to it 31 by small business as defined in section 17A.4A . The review 32 of these rules shall be forwarded to the appropriate standing 33 committees of the house and senate. 34 EXPLANATION 35 -2- LSB 1147HV (2) 84 je/nh 2/ 3

H.F. 491 Current law requires an agency proposing a new 1 administrative rule that would have a substantial impact on 2 small business, upon request of various interested entities, 3 to conduct a regulatory analysis meeting certain criteria to 4 determine the impact of the proposed rule on small business and 5 how the impact can be reduced. This bill makes the requirement 6 mandatory for all proposed administrative rules that would have 7 a substantial impact on small business. 8 The bill directs the agency to adopt rules setting out 9 criteria to determine whether a proposed rule may have a 10 substantial impact on small business. 11 -3- LSB 1147HV (2) 84 je/nh 3/ 3