Senate File 358 - Introduced SENATE FILE 358 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 230) A BILL FOR An Act amending the Iowa administrative procedure Act as it 1 relates to public participation in the rulemaking process, 2 the adoption and effectiveness of administrative rules, and 3 the delegation of rulemaking authority to administrative 4 agencies. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2426SV (1) 84 jr/nh
S.F. 358 Section 1. Section 17A.4, subsection 1, paragraph b, Code 1 2011, is amended to read as follows: 2 b. (1) Afford all interested persons not less than twenty 3 days to submit data, views, or arguments in writing. If timely 4 requested in writing by twenty-five interested persons, by a 5 governmental subdivision, by the administrative rules review 6 committee, by an agency, or by an association having not less 7 than twenty-five members, the agency must give interested 8 persons an opportunity to make oral presentation. 9 (2) To the extent practicable, the agency shall provide an 10 opportunity to make these oral presentations using the Iowa 11 communications network or other electronic means and provide 12 public access at multiple sites throughout the state. If 13 a request is received from twenty-five interested persons 14 residing in the same city or county, the agency shall provide 15 an opportunity for oral presentation in that city or county. 16 (3) The opportunity for oral presentation must be held 17 at least twenty days after publication of the notice of its 18 time and place in the Iowa administrative bulletin. The 19 agency shall consider fully all written and oral submissions 20 respecting the proposed rule. Within one hundred eighty 21 days following either the notice published according to the 22 provisions of paragraph “a” or within one hundred eighty 23 days after the last date of the oral presentations on the 24 proposed rule, whichever is later, the agency shall adopt a 25 rule pursuant to the rulemaking proceeding or shall terminate 26 the proceeding by publishing notice of termination in the Iowa 27 administrative bulletin. 28 Sec. 2. Section 17A.4, subsections 2 and 3, Code 2011, are 29 amended to read as follows: 30 2. An agency shall include in a preamble to each rule 31 it adopts a brief explanation of the principal reasons for 32 its action pursuant to section 17A.5 a concise statement 33 of the principal reasons for and against the rule adopted, 34 incorporating in the statement the reasons for overruling 35 -1- LSB 2426SV (1) 84 jr/nh 1/ 4
S.F. 358 considerations urged against the rule and, if applicable, a 1 brief explanation of the principal reasons for its failure to 2 provide in that rule for the waiver of the rule in specified 3 situations if no such waiver provision is included in the rule. 4 This explanatory requirement does not apply when the agency 5 adopts a rule that only defines the meaning of a provision of 6 law if the agency does not possess delegated authority to bind 7 the courts to any extent with its definition. In addition, if 8 requested to do so by an interested person, either prior to 9 adoption or within thirty days thereafter, the agency shall 10 issue a concise statement of the principal reasons for and 11 against the rule adopted, incorporating therein the reasons for 12 overruling considerations urged against the rule. This concise 13 statement shall be issued either at the time of the adoption of 14 the rule or within thirty-five days after the agency receives 15 the request. 16 3. When an agency for good cause finds that notice and 17 public participation would be unnecessary, impracticable, or 18 contrary to the public interest, the provisions of subsection 1 19 shall be inapplicable. The agency shall incorporate in each 20 rule issued in reliance upon this provision either the finding 21 and a brief statement of the reasons for the finding, or a 22 statement that the rule is within a very narrowly tailored 23 category of rules whose issuance has previously been exempted 24 from subsection 1 by a special rule relying on this provision 25 and including such a finding and statement of reasons for the 26 entire category. If the administrative rules review committee 27 by a two-thirds vote, the governor, or the attorney general 28 files with the administrative code editor an objection to the 29 adoption of any rule pursuant to this subsection , that rule 30 shall cease to be effective one hundred eighty days after 31 the date the objection was filed. A copy of the objection, 32 properly dated, shall be forwarded to the agency at the time of 33 filing the objection. In any action contesting a rule adopted 34 pursuant to this subsection , the burden of proof shall be on 35 -2- LSB 2426SV (1) 84 jr/nh 2/ 4
S.F. 358 the agency to show that the procedures of subsection 1 were 1 impracticable, unnecessary, or contrary to the public interest 2 and that, if a category of rules was involved, the category 3 was very narrowly tailored. A rule adopted pursuant to this 4 subsection shall remain in effect for one hundred eighty days, 5 unless a shorter period is specified in the rule. 6 Sec. 3. Section 17A.23, Code 2011, is amended to read as 7 follows: 8 17A.23 Construction —— delegation of authority . 9 1. Except as expressly provided otherwise by this chapter 10 or by another statute referring to this chapter by name, the 11 rights created and the requirements imposed by this chapter 12 shall be in addition to those created or imposed by every other 13 statute in existence on July 1, 1975, or enacted after that 14 date. If any other statute in existence on July 1, 1975, or 15 enacted after that date diminishes a right conferred upon a 16 person by this chapter or diminishes a requirement imposed upon 17 an agency by this chapter , this chapter shall take precedence 18 unless the other statute expressly provides that it shall take 19 precedence over all or some specified portion of this named 20 chapter. 21 2. This chapter shall be construed broadly to effectuate 22 its purposes. This chapter shall also be construed to apply 23 to all agencies not expressly exempted by this chapter or by 24 another statute specifically referring to this chapter by 25 name; and except as to proceedings in process on July 1, 1975, 26 this chapter shall be construed to apply to all covered agency 27 proceedings and all agency action not expressly exempted by 28 this chapter or by another statute specifically referring to 29 this chapter by name. 30 3. An agency shall have only that authority or discretion 31 delegated to or conferred upon the agency by law and shall not 32 expand or enlarge its authority or discretion beyond the powers 33 delegated to or conferred upon the agency. Unless otherwise 34 specifically provided in statute, any grant of rulemaking 35 -3- LSB 2426SV (1) 84 jr/nh 3/ 4
S.F. 358 authority shall be construed narrowly. 1 EXPLANATION 2 This bill makes a number of changes to the rulemaking 3 process. The bill requires administrative agencies, when 4 feasible, to hold rulemaking hearings in varied locations 5 throughout the state via the Iowa communications network and 6 provides that a hearing must be held in a particular city or 7 county when 25 interested persons from that city or county make 8 the request. 9 Every adopted rule must be accompanied by a concise 10 statement of the principal reasons for and against the rule 11 adopted; under current law such a statement is only provided 12 on request. 13 The bill also provides that so-called “emergency” rules are 14 in effect for only 180 days. 15 The bill also establishes a new rule of statutory 16 construction: Unless otherwise specifically provided in 17 statute, any grant of rulemaking authority shall be construed 18 narrowly. 19 -4- LSB 2426SV (1) 84 jr/nh 4/ 4