Bill Text: IA SF65 | 2015-2016 | 86th General Assembly | Introduced
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
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 12The explanatoryrequirement doesrequirements 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