Bill Text: IA SF230 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act amending the Iowa administrative procedure Act as it relates to public participation in the rulemaking process, the adoption and effectiveness of administrative rules, and the delegation of rulemaking authority to administrative agencies. (See SF 358.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF230 Detail]
Download: Iowa-2011-SF230-Introduced.html
Senate
File
230
-
Introduced
SENATE
FILE
230
BY
McKINLEY
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
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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
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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
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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
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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.
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