SENATE FILE 376

BY  McKINLEY

A BILL FOR

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

   Section 1.  Section 17A.4A, subsection 1, Code 2011, 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 or at least twenty-five persons signing the request who are directly and adversely affected by the rule or an organization representing at least twenty-five such persons. 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. 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, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Upon receipt by an agency of a timely request for a regulatory analysis, which is received prior to the adoption of the 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:
EXPLANATION
   This bill expands the period for requesting a regulatory analysis statement for newly proposed administrative rules. The current period is 32 days from the publication of a notice of intended action. The bill expands this period to 70 days. The bill also expands the eligible requesters of these analyses by allowing 25 persons who are directly and adversely impacted by the rule or an organization representing 25 such persons to make the request.