SENATE FILE 353

BY  McKINLEY

A BILL FOR

An Act to require state agencies to accept public comments on proposed rulemaking in an electronic format.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 17A.4, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  Afford all interested persons not less than twenty days to submit data, views, or arguments in writing or in an electronic format. If feasible, an electronic format may include the use of electronic mail and posting to an internet site. If timely requested in writing by twenty-five interested persons, by a governmental subdivision, by the administrative rules review committee, by an agency, or by an association having not less than twenty-five members, the agency must give interested persons an opportunity to make oral presentation. The opportunity for oral presentation must be held at least twenty days after publication of the notice of its time and place in the Iowa administrative bulletin. The agency shall consider fully all written and oral submissions respecting the proposed rule. Within one hundred eighty days following either the notice published according to the provisions of paragraph “a” or within one hundred eighty days after the last date of the oral presentations on the proposed rule, whichever is later, the agency shall adopt a rule pursuant to the rulemaking proceeding or shall terminate the proceeding by publishing notice of termination in the Iowa administrative bulletin.
   Sec. 2.  Section 68B.2, subsection 13, paragraph b, subparagraph (8), Code 2011, is amended to read as follows:
   (8)  Persons whose activities are limited to submitting data, views, or arguments in writing or in an electronic format, or requesting an opportunity to make an oral presentation under section 17A.4, subsection 1.
EXPLANATION
   This bill requires state agencies to accept public comments on proposed rulemaking in an electronic format, which would include electronic mail, posting on an internet site, and other forms of electronic communications.