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 rules regarding the impact of the rules on small business.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 17A.4A, subsections 1, 4, and 5, Code 2011, are amended to read as follows:
   1.
  a.  An agency shall issue a regulatory analysis of a proposed rule that complies with subsection 2, paragraph “a”, if, within thirty-two 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.  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”, may be made within seventy days of publication of the rule.
   b.  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 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, as determined by the agency pursuant to rules adopted by the agency pursuant to paragraph “c”.  The analysis shall be completed prior to publication in the Iowa administrative bulletin of notice of the intended action pursuant to section 17A.4, subsection 1, paragraph “a”. A concise summary of the analysis shall be published in the Iowa administrative bulletin along with the notice of intended action. 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 shall be issued within seventy days of publication of the rule and a concise summary of the analysis shall be published in the Iowa administrative bulletin.
   c.  Each agency shall adopt rules setting out criteria for the determination of whether a rule proposed by the agency may have a substantial impact on small business. Such criteria shall include all of the following:
   (1)  Any adverse impacts upon small business.
   (2)  Any negative impacts upon job growth.
   4.  Upon receipt by an agency of a timely request for a regulatory analysis pursuant to subsection 1, paragraph “a”, the agency shall extend the period specified in this chapter for each of the following until at least twenty days after publication in the Iowa 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.
   5.  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 a summary pursuant to subsection 1, paragraph “a”, must be published within seventy days of the request.
   Sec. 2.  Section 17A.33, Code 2011, is amended to read as follows:
   17A.33  Review by administrative rules review committee.
   The administrative rules review committee shall review existing rules, as time permits, to determine if there are adverse or beneficial effects from these rules. The committee shall give a high priority to rules that are referred to it by small business as defined in section 17A.4A.The review of these rules shall be forwarded to the appropriate standing committees of the house and senate.
EXPLANATION
   Current law requires an agency proposing a new administrative rule that would have a substantial impact on small business, upon request of various interested entities, to conduct a regulatory analysis meeting certain criteria to determine the impact of the proposed rule on small business and how the impact can be reduced. This bill makes the requirement mandatory for all proposed administrative rules that would have a substantial impact on small business.
   The bill directs the agency to adopt rules setting out criteria to determine whether a proposed rule may have a substantial impact on small business.