Senate File 2370 - Enrolled
Senate File 2370
AN ACT
CONCERNING THE EXECUTIVE BRANCH RULEMAKING PROCESS AND OTHER
AGENCY FUNCTIONS AND RELATED MATTERS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 RULEMAKING AND RELATED MATTERS
3 Section 1. Section 2B.5A, subsection 4, Code 2024, is
4 amended by striking the subsection.
5 Sec. 2. Section 8A.206, subsection 2, paragraph b, Code
6 2024, is amended to read as follows:
7 b. Maintain, as an integral part of the law library, reports
8 of various boards and agencies,; copies of journals of the
9 senate and house of representatives; electronic access to
10 bills, journals, and other information relating to current or
11 proposed legislation, copies of; and electronic access to the
12 Iowa administrative bulletin and Iowa administrative code and,
13 consistent with section 17A.6, subsection 3, copies of any
14 publications incorporated by reference in the bulletin or code.
15 Sec. 3. Section 10A.506, subsection 10, Code 2024, is
16 amended to read as follows:
17 10. Notwithstanding section 17A.6, subsection 3, the
18 licensing boards included within the department pursuant to
19 subsection 1 may adopt standards by reference to another
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20 publication without providing a copy of posting the publication
21 to the administrative code editor boards’ internet sites if
22 the publication containing the standards is readily accessible
23 on the internet at no cost and the internet site at which the
24 publication may be found is included in the administrative
25 rules that adopt the standard.
26 Sec. 4. Section 17A.3, subsection 1, paragraphs a, b, and c,
27 Code 2024, are amended by striking the paragraphs.
28 Sec. 5. Section 17A.4A, subsections 1 and 5, Code 2024, are
29 amended to read as follows:
30 1. An agency shall issue a regulatory analysis of a proposed
31 rule that complies with subsection 2, paragraph paragraphs
32 “a” and “b”, if, within thirty-two days after the published
33 notice of proposed rule adoption, a written request for the
34 analysis is submitted to the agency by the administrative rules
35 review committee or the administrative rules coordinator. An
1 agency shall issue a regulatory analysis of a proposed rule
2 that complies with subsection 2, paragraph “b”, if the rule
3 would have a substantial impact on small business and if,
4 within thirty-two days after the published notice of proposed
5 rule adoption, a written request for analysis is submitted to
6 the agency by the administrative rules review committee, the
7 administrative rules coordinator, at least twenty-five persons
8 signing that request who each qualify as a small business or
9 by an organization representing at least twenty-five such
10 persons. If a rule has been adopted without prior notice and
11 an opportunity for public participation in reliance upon prior
12 to submitting a notice of intended action to the administrative
13 rules coordinator and the administrative code editor pursuant
14 to section 17A.4, subsection 3 1, the written request for an
15 analysis that complies with subsection 2, paragraph “a” or “b”,
16 may be made within seventy days of publication of the rule.
17 5. The agency shall not submit a notice of intended action
18 to the administrative rules coordinator and the administrative
19 code editor pursuant to section 17A.4, subsection 1, paragraph
20 “a”, for a proposed rule until the conclusion of the opportunity
21 for oral presentation required by subsection 4. In the case
22 of a rule adopted without prior notice and an opportunity
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23 for public participation in reliance upon section 17A.4,
24 subsection 3, the summary must be published within agency
25 shall have until seventy days of after the request adoption to
26 submit a regulatory analysis as described in subsection 4 for
27 publication in the Iowa administrative bulletin. If a rule
28 adopted in reliance upon section 17A.4, subsection 3, will be
29 published in the Iowa administrative bulletin concurrently
30 with a corresponding notice of intended action, a separate
31 regulatory analysis for the notice of intended action is not
32 required.
33 Sec. 6. Section 17A.4A, subsection 2, paragraph a,
34 unnumbered paragraph 1, Code 2024, is amended to read as
35 follows:
1 Except to the extent that a written request for a regulatory
2 analysis expressly waives one or more of the following, the The
3 regulatory analysis must contain all of the following:
4 Sec. 7. Section 17A.4A, subsection 4, Code 2024, is amended
5 by striking the subsection and inserting in lieu thereof the
6 following:
7 4. The agency shall submit the regulatory analysis to the
8 administrative code editor, who shall publish it in the Iowa
9 administrative bulletin. The regulatory analysis shall include
10 a statement of either the terms or substance of the agency’s
11 intended action or a description of the subjects and issues
12 involved. The agency shall afford all interested persons not
13 less than twenty days to submit data, views, or arguments in
14 writing, and the regulatory analysis shall include the time
15 when, the place where, and the manner in which interested
16 persons may do so. The agency shall give interested persons
17 an opportunity to make oral presentation on the regulatory
18 analysis. The opportunity for oral presentation shall be held
19 at least twenty days after publication of its time and place in
20 the Iowa administrative bulletin.
21 Sec. 8. Section 17A.4A, subsection 6, Code 2024, is amended
22 by striking the subsection.
23 Sec. 9. Section 17A.6, subsections 3 and 4, Code 2024, are
24 amended to read as follows:
25 3. An agency that adopts standards by reference to
26 another publication shall deliver a printed copy of post
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27 the publication, or the relevant part of the publication,
28 containing the standards to the administrative code editor who
29 shall deposit the copy in the state law library which shall
30 make it available for inspection and reference on the agency’s
31 internet site. The agency may instead deposit a printed copy
32 of the publication, or the relevant part of the publication, in
33 the state law library directly An agency shall not post a link
34 for this purpose to an internet site that is not maintained by
35 the agency. If a posted publication or part of a publication
1 varies from the publication or part adopted by reference as
2 described in subsection 5, the adoption by reference described
3 in subsection 5 shall control. This subsection does not apply
4 to a publication that is a federal statute or regulation.
5 4. In lieu of the procedures established in subsection 3,
6 an agency may establish alternative procedures providing for
7 public access to an electronic or printed copy of a publication
8 containing standards adopted by reference if the publication is
9 proprietary or contains proprietary information. For purposes
10 of this subsection, “public access” means access that does not
11 require purchase of the publication or payment for access to
12 the publication.
13 Sec. 10. Section 17A.7, subsection 2, Code 2024, is amended
14 to read as follows:
15 2. Beginning July January 1, 2012 2027, over each five-year
16 period of time, an each agency shall conduct an ongoing and
17 comprehensive review of all of the agency’s rules. The goal of
18 the review is the identification and elimination of all rules
19 of the agency that are outdated, redundant, or inconsistent or
20 incompatible with statute or its own rules or those of other
21 agencies. An Over each five-year period of time, an agency
22 shall commence its review by developing a plan of review in
23 consultation with major stakeholders and constituent groups
24 perform a retrospective analysis that includes a comprehensive
25 evaluation and rigorous cost-benefit analysis of each existing
26 chapter of rules to determine whether the benefits the rules
27 are intended to achieve are being realized, whether those
28 benefits justify the costs imposed by the rules, and whether
29 there are less restrictive alternatives to accomplish those
30 benefits. When the agency completes the five-year review of
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31 the agency’s own rules, the agency shall provide a written
32 summary of the results to the administrative rules coordinator
33 and the administrative rules review committee. The summary
34 shall include all of the following for each chapter of rules:
35 a. The intended benefits of the rules and if the benefits
1 are being achieved.
2 b. The costs imposed by the rules and if the costs are
3 justified by the benefits identified in paragraph “a”.
4 c. Less restrictive alternatives to the rules and an
5 analysis of how other states regulate the activities addressed
6 by the chapter.
7 Sec. 11. Section 17A.7, Code 2024, is amended by adding the
8 following new subsections:
9 NEW SUBSECTION. 3. a. Each chapter of rules is rescinded
10 five years after the date on which the chapter as a whole
11 became effective. A chapter rescinded in this manner ceases
12 to be effective as of the date of rescission. Before or after
13 such rescission occurs, the agency that adopted the chapter
14 may adopt the chapter anew after completing a retrospective
15 analysis as described in subsection 2. Such adoption shall be
16 subject to this chapter. An agency adopting a chapter anew
17 as described in this subsection shall do so from a zero base.
18 Adoption of a chapter anew as described in this subsection
19 shall not include notation in a rulemaking document published
20 in the Iowa administrative bulletin of additions to or
21 deletions from the language of the prior chapter. For purposes
22 of this subsection, “zero base” means adoption of a chapter
23 anew without merely adopting the prior language of the chapter
24 and without any presumption in favor of utilizing the prior
25 language when the chapter is adopted anew.
26 b. The effective date of adoption, amendment, or rescission
27 of individual rules or portions of rules in a chapter, and
28 the date of any changes to the chapter or rules or portions
29 of rules in the chapter pursuant to section 2B.13, shall not
30 be considered when determining the effective date of the
31 chapter as a whole for purposes of this subsection. The date
32 of rescission of a chapter under this subsection shall not be
33 altered if such date falls on a Saturday, Sunday, or holiday.
34 c. (1) If a chapter has been rescinded under this
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35 subsection, the agency that adopted the chapter shall notify
1 the administrative code editor in writing of the rescission.
2 The administrative rules coordinator may notify the
3 administrative code editor in writing on behalf of the agency.
4 (2) As soon as practicable after receiving such
5 notification, the administrative code editor shall publish
6 notice of the rescission in the Iowa administrative bulletin
7 and, no sooner than two weeks after such publication, remove
8 the chapter from the Iowa administrative code.
9 d. When a chapter of rules becoming effective as a whole is
10 published in the Iowa administrative code, the administrative
11 code editor shall include the next rescission date of the
12 chapter, as provided in this subsection, with the chapter.
13 e. For a chapter of rules that most recently became
14 effective as a whole prior to January 1, 2023, the effective
15 date of the chapter shall be deemed January 1, 2023, for
16 purposes of this subsection. For a chapter that most recently
17 became effective as a whole on or after January 1, 2023, the
18 date of rescission pursuant to this subsection shall be based
19 on the most recent effective date of the chapter as a whole.
20 f. The administrative rules review committee may grant
21 a six-month extension of the date of rescission of a chapter
22 of rules provided in this subsection upon written request by
23 the agency that adopted the chapter. The request shall be
24 submitted to the administrative rules review committee by the
25 agency at least thirty days before the date of rescission with
26 a copy provided to the administrative code editor. The request
27 shall include an explanation of the agency’s reasoning for
28 seeking an extension and any other information the agency finds
29 appropriate. If the administrative rules review committee
30 approves the request, the administrative code editor shall
31 update the rescission date included with the chapter pursuant
32 to paragraph “d”.
33 NEW SUBSECTION. 4. a. If a rule or portion of a rule
34 adopted by an agency is determined by a court of competent
35 jurisdiction to exceed the statutory authority of the agency
1 or to be invalid on other grounds, or if a statute granting
2 an agency authority to adopt a rule or portion of a rule
3 is determined by a court of competent jurisdiction to be
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4 unconstitutional or to be invalid on other grounds, the agency,
5 after the conclusion of any applicable period for appeals,
6 shall notify the administrative code editor in writing of the
7 court’s decision. The notification shall include a copy of
8 the decision and a citation to the affected rule or portion of
9 the rule. The administrative rules coordinator may notify the
10 administrative code editor in writing on behalf of the agency.
11 b. As soon as practicable after receiving such notification,
12 the administrative code editor shall publish notice in the
13 Iowa administrative bulletin of the court’s decision and the
14 citation of the affected rule or portion of the rule and, no
15 sooner than two weeks after such publication, remove the rule
16 or portion of the rule from the Iowa administrative code.
17 Sec. 12. NEW SECTION. 17A.24 Uniform rules on agency
18 procedure.
19 1. The administrative rules coordinator may adopt uniform
20 rules on agency procedure that are suitable for general
21 applicability to agencies. Such adoption and such rules
22 shall be subject to this chapter. Such rules may address the
23 subjects of agency procedures for rulemaking, petitions for
24 rulemaking, waiver of rules, declaratory orders, contested
25 cases, and fair information practices.
26 2. If an agency does not have rules in effect that address
27 a subject provided in subsection 1, and uniform rules on agency
28 procedure addressing the subject are in effect, such uniform
29 rules shall apply to the agency as though the agency had
30 adopted them.
31 3. An agency may adopt rules providing for additions,
32 exceptions, or amendments to a uniform rule on agency procedure
33 that, pursuant to subsection 2, is applicable to the agency.
34 4. This section does not apply to uniform rules on agency
35 procedure published prior to January 1, 2024, and does not
1 affect the validity of rules that have adopted such uniform
2 rules by reference.
3 5. The attorney general shall assist the administrative
4 rules coordinator in implementation of this section upon
5 request.
6 Sec. 13. Section 89.5, subsection 3, Code 2024, is amended
7 by striking the subsection.
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8 Sec. 14. Section 89A.3, subsection 5, Code 2024, is amended
9 by striking the subsection.
10 Sec. 15. Section 200.14, Code 2024, is amended by adding the
11 following new subsection:
12 NEW SUBSECTION. 4. Rules adopted to implement this chapter
13 are not subject to section 17A.7, subsection 2 or 3.
14 Sec. 16. Section 200A.4, Code 2024, is amended to read as
15 follows:
16 200A.4 Rulemaking.
17 1. The department shall adopt all rules necessary to
18 administer this chapter including but not limited to rules
19 regulating licensure, labeling, registration, distribution, and
20 storage of bulk dry animal nutrient products. A violation of
21 this chapter includes a violation of any rule adopted pursuant
22 to this section as provided in chapter 17A.
23 2. Rules adopted to administer this chapter are not subject
24 to section 17A.7, subsection 2 or 3.
25 Sec. 17. Section 455B.173, subsection 2, Code 2024, is
26 amended by adding the following new paragraph:
27 NEW PARAGRAPH. c. Rules adopted to implement this
28 subsection are not subject to section 17A.7, subsection 2 or 3.
29 Sec. 18. Section 455B.176A, Code 2024, is amended by adding
30 the following new subsection:
31 NEW SUBSECTION. 9. Rules adopted to implement this section
32 are not subject to section 17A.7, subsection 2 or 3.
33 Sec. 19. Section 459.103, Code 2024, is amended by adding
34 the following new subsection:
35 NEW SUBSECTION. 3. Rules adopted to implement this chapter
1 are not subject to section 17A.7, subsection 2 or 3.
2 Sec. 20. Section 459A.104, Code 2024, is amended by adding
3 the following new subsection:
4 NEW SUBSECTION. 4. Rules adopted to implement this chapter
5 are not subject to section 17A.7, subsection 2 or 3.
6