Bill Text: IA SF65 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act concerning state agency rulemaking procedures relative to rules required pursuant to federal law.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2015-02-02 - Subcommittee, Danielson, Horn, and Whitver. S.J. 193. [SF65 Detail]

Download: Iowa-2015-SF65-Introduced.html

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Senate File 65 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN, WHITVER,
                                     COSTELLO, and GARRETT

                                      A BILL FOR

  1 An Act concerning state agency rulemaking procedures relative
  2    to rules required pursuant to federal law.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1370XS (3) 86
    ec/sc

PAG LIN



  1  1    Section 1.  Section 17A.4, subsection 2, Code 2015, is
  1  2 amended to read as follows:
  1  3    2.  An agency shall include in a preamble to each rule it
  1  4 adopts a brief explanation of the principal reasons for its
  1  5 action and, if applicable, a brief explanation of the principal
  1  6 reasons for its failure to provide in that rule for the
  1  7 waiver of the rule in specified situations if no such waiver
  1  8 provision is included in the rule.  In addition, if the rule
  1  9 is required pursuant to federal law, the explanation shall
  1 10 identify the federal law or regulation requiring the rule and
  1 11 specify the consequences for failure to adopt the rule. This
  1 12  The explanatory requirement does requirements do not apply
  1 13 when the agency adopts a rule that only defines the meaning of
  1 14 a provision of law if the agency does not possess delegated
  1 15 authority to bind the courts to any extent with its definition.
  1 16 In addition, if requested to do so by an interested person,
  1 17 either prior to adoption or within thirty days thereafter, the
  1 18 agency shall issue a concise statement of the principal reasons
  1 19 for and against the rule adopted, incorporating therein the
  1 20 reasons for overruling considerations urged against the rule.
  1 21 This concise statement shall be issued either at the time of
  1 22 the adoption of the rule or within thirty=five days after the
  1 23 agency receives the request.
  1 24                           EXPLANATION
  1 25 The inclusion of this explanation does not constitute agreement with
  1 26 the explanation's substance by the members of the general assembly.
  1 27    This bill requires state agencies when adopting an
  1 28 administrative rule required by federal law to include in the
  1 29 brief explanation in the preamble to the rule the federal law
  1 30 or regulation requiring the rule and the consequences for
  1 31 failure to adopt the rule.
       LSB 1370XS (3) 86
       ec/sc