House File 2385 - Reprinted HOUSE FILE 2385 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 2157) (As Amended and Passed by the House March 12, 2014 ) A BILL FOR An Act relating to state agency decision making. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 HF 2385 (2) 85 jr/rj/md

H.F. 2385 Section 1. Section 17A.3, subsection 1, paragraph a, Code 1 2014, is amended to read as follows: 2 a. (1) Adopt as a rule a description of the organization of 3 the agency which states the general course and method of its 4 operations, the administrative subdivisions of the agency and 5 the programs implemented by each of them, a statement of the 6 mission of the agency, and the methods by which and location 7 where the public may obtain information or make submissions or 8 requests. 9 (2) Each board, commission, or other multimember agency 10 shall follow Robert’s rules of order in governing the conduct 11 of agency meetings unless it is inconsistent with Iowa law. 12 Sec. 2. Section 17A.4, subsection 1, paragraph b, Code 2014, 13 is amended to read as follows: 14 b. (1) Afford all interested persons not less than twenty 15 days to submit data, views, or arguments in writing , including 16 in an electronic format . If timely requested in writing by 17 twenty-five interested persons, by a governmental subdivision, 18 by the administrative rules review committee, by an agency, or 19 by an association having not less than twenty-five members, the 20 agency must give interested persons an opportunity to make oral 21 presentation. 22 (2) The agency shall provide an opportunity to make these 23 oral presentations using the Iowa communications network 24 or other electronic means if a request is received from 25 twenty-five interested persons residing in the same city or 26 county. 27 (3) The opportunity for oral presentation must be held 28 at least twenty days after publication of the notice of its 29 time and place in the Iowa administrative bulletin. The 30 agency shall consider fully all written and oral submissions 31 respecting the proposed rule. Within one hundred eighty 32 days following either the notice published according to the 33 provisions of paragraph “a” or within one hundred eighty 34 days after the last date of the oral presentations on the 35 -1- HF 2385 (2) 85 jr/rj/md 1/ 3

H.F. 2385 proposed rule, whichever is later, the agency shall adopt a 1 rule pursuant to the rulemaking proceeding or shall terminate 2 the proceeding by publishing notice of termination in the Iowa 3 administrative bulletin. 4 Sec. 3. Section 17A.4, subsection 2, Code 2014, is amended 5 to read as follows: 6 2. An agency shall include in a preamble to each rule it 7 adopts a specific reference to the Code section or sections 8 being implemented and a brief explanation of the principal 9 reasons for its action and, if applicable, a brief explanation 10 of the principal reasons for its failure to provide in that 11 rule for the waiver of the rule in specified situations 12 if no such waiver provision is included in the rule. This 13 explanatory requirement does not apply when the agency adopts a 14 rule that only defines the meaning of a provision of law if the 15 agency does not possess delegated authority to bind the courts 16 to any extent with its definition. In addition, if requested 17 to do so by an interested person, either prior to adoption 18 or within thirty days thereafter, the agency shall issue a 19 concise statement of the principal reasons for and against the 20 rule adopted, incorporating therein the reasons for overruling 21 considerations urged against the rule. This concise statement 22 shall be issued either at the time of the adoption of the 23 rule or within thirty-five days after the agency receives the 24 request. 25 Sec. 4. NEW SECTION . 17A.24 Rule implementation of federal 26 statute, regulation, or policy. 27 1. Except as otherwise explicitly authorized by state law, 28 an agency charged with the implementation of a federal statute, 29 regulation, or policy shall not implement the federal statute, 30 regulation, or policy in a manner that exceeds the specific 31 requirements of the federal statute, regulation, or policy. 32 2. Any portion of an agency rule or policy that implements 33 a federal statute, regulation, or policy and that exceeds the 34 specific requirements of the federal statute, regulation, or 35 -2- HF 2385 (2) 85 jr/rj/md 2/ 3

H.F. 2385 policy is automatically superceded by the specific requirements 1 of that federal statute, regulation, or policy. 2 -3- HF 2385 (2) 85 jr/rj/md 3/ 3