Bill Text: IA HF263 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act requiring regulatory analysis for new administrative rules regarding the impact of the rules on small business. (See Cmte. Bill HF 491)
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF263 Detail]
Download: Iowa-2011-HF263-Introduced.html
House
File
263
-
Introduced
HOUSE
FILE
263
BY
HEATON
,
PETTENGILL
,
RAYHONS
,
LOFGREN
,
WORTHAN
,
LUKAN
,
ARNOLD
,
TJEPKES
,
DE
BOEF
,
HUSEMAN
,
and
BRANDENBURG
A
BILL
FOR
An
Act
requiring
regulatory
analysis
for
new
administrative
1
rules
regarding
the
impact
of
the
rules
on
small
business.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
15.104,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
9.
Adopt
rules
to
implement
the
3
requirements
of
section
17A.4A,
subsection
1,
paragraph
“b”
.
4
The
adopted
rules
shall
define
a
process
by
which
an
agency
can
5
determine
whether
a
proposed
rule
may
have
a
substantial
impact
6
on
small
business.
7
Sec.
2.
Section
17A.4A,
subsections
1,
4,
and
5,
Code
2011,
8
are
amended
to
read
as
follows:
9
1.
a.
An
agency
shall
issue
a
regulatory
analysis
of
10
a
proposed
rule
that
complies
with
subsection
2
,
paragraph
11
“a”
,
if,
within
thirty-two
days
after
the
published
notice
of
12
proposed
rule
adoption,
a
written
request
for
the
analysis
is
13
submitted
to
the
agency
by
the
administrative
rules
review
14
committee
or
the
administrative
rules
coordinator.
If
a
rule
15
has
been
adopted
without
prior
notice
and
an
opportunity
for
16
public
participation
in
reliance
upon
section
17A.4,
subsection
17
3,
the
written
request
for
an
analysis
that
complies
with
18
subsection
2,
paragraph
“a”
,
may
be
made
within
seventy
days
of
19
publication
of
the
rule.
20
b.
An
agency
shall
issue
a
regulatory
analysis
of
a
proposed
21
rule
that
complies
with
subsection
2
,
paragraph
“b”
,
if
the
22
rule
would
have
a
substantial
impact
on
small
business
and
if,
23
within
thirty-two
days
after
the
published
notice
of
proposed
24
rule
adoption,
a
written
request
for
analysis
is
submitted
to
25
the
agency
by
the
administrative
rules
review
committee,
the
26
administrative
rules
coordinator,
at
least
twenty-five
persons
27
signing
that
request
who
each
qualify
as
a
small
business
28
or
by
an
organization
representing
at
least
twenty-five
29
such
persons
,
as
determined
by
the
agency
pursuant
to
rules
30
adopted
by
the
economic
development
board
pursuant
to
section
31
15.104,
subsection
9
.
The
analysis
shall
be
completed
prior
32
to
publication
in
the
Iowa
administrative
bulletin
of
notice
33
of
the
intended
action
pursuant
to
section
17A.4,
subsection
34
1,
paragraph
“a”
.
A
concise
summary
of
the
analysis
shall
be
35
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published
in
the
Iowa
administrative
bulletin
along
with
the
1
notice
of
intended
action.
If
a
rule
has
been
adopted
without
2
prior
notice
and
an
opportunity
for
public
participation
in
3
reliance
upon
section
17A.4,
subsection
3
,
the
written
request
4
for
an
analysis
that
complies
with
subsection
2
,
paragraph
5
“a”
or
“b”
,
may
be
made
shall
be
issued
within
seventy
days
of
6
publication
of
the
rule
and
a
concise
summary
of
the
analysis
7
shall
be
published
in
the
Iowa
administrative
bulletin
.
8
4.
Upon
receipt
by
an
agency
of
a
timely
request
for
a
9
regulatory
analysis
pursuant
to
subsection
1,
paragraph
“a”
,
10
the
agency
shall
extend
the
period
specified
in
this
chapter
11
for
each
of
the
following
until
at
least
twenty
days
after
12
publication
in
the
Iowa
administrative
bulletin
of
a
concise
13
summary
of
the
regulatory
analysis:
14
a.
The
end
of
the
period
during
which
persons
may
make
15
written
submissions
on
the
proposed
rule.
16
b.
The
end
of
the
period
during
which
an
oral
proceeding
may
17
be
requested.
18
c.
The
date
of
any
required
oral
proceeding
on
the
proposed
19
rule.
20
5.
In
the
case
of
a
rule
adopted
without
prior
notice
and
an
21
opportunity
for
public
participation
in
reliance
upon
section
22
17A.4,
subsection
3
,
the
a
summary
pursuant
to
subsection
1,
23
paragraph
“a”
,
must
be
published
within
seventy
days
of
the
24
request.
25
Sec.
3.
Section
17A.33,
Code
2011,
is
amended
to
read
as
26
follows:
27
17A.33
Review
by
administrative
rules
review
committee.
28
The
administrative
rules
review
committee
shall
review
29
existing
rules,
as
time
permits,
to
determine
if
there
are
30
adverse
or
beneficial
effects
from
these
rules.
The
committee
31
shall
give
a
high
priority
to
rules
that
are
referred
to
it
32
by
small
business
as
defined
in
section
17A.4A
.
The
review
33
of
these
rules
shall
be
forwarded
to
the
appropriate
standing
34
committees
of
the
house
and
senate.
35
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EXPLANATION
1
Current
law
requires
an
agency
proposing
a
new
2
administrative
rule
that
would
have
a
substantial
impact
on
3
small
business,
upon
request
of
various
interested
entities,
4
to
conduct
a
regulatory
analysis
meeting
certain
criteria
to
5
determine
the
impact
of
the
proposed
rule
on
small
business
and
6
how
the
impact
can
be
reduced.
This
bill
makes
the
requirement
7
mandatory
for
all
proposed
administrative
rules
that
would
have
8
a
substantial
impact
on
small
business.
9
The
bill
directs
the
economic
development
board
to
adopt
10
rules
to
define
a
process
to
determine
whether
a
proposed
rule
11
may
have
a
substantial
impact
on
small
business.
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