Bill Text: IA HF2385 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act relating to state agency decision making. (Formerly HF 2157)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-03-13 - Read first time, referred to State Government. S.J. 550. [HF2385 Detail]
Download: Iowa-2013-HF2385-Amended.html
House
File
2385
-
Reprinted
HOUSE
FILE
2385
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
2157)
(As
Amended
and
Passed
by
the
House
March
12,
2014
)
A
BILL
FOR
An
Act
relating
to
state
agency
decision
making.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2385
(2)
85
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H.F.
2385
Section
1.
Section
17A.3,
subsection
1,
paragraph
a,
Code
1
2014,
is
amended
to
read
as
follows:
2
a.
(1)
Adopt
as
a
rule
a
description
of
the
organization
of
3
the
agency
which
states
the
general
course
and
method
of
its
4
operations,
the
administrative
subdivisions
of
the
agency
and
5
the
programs
implemented
by
each
of
them,
a
statement
of
the
6
mission
of
the
agency,
and
the
methods
by
which
and
location
7
where
the
public
may
obtain
information
or
make
submissions
or
8
requests.
9
(2)
Each
board,
commission,
or
other
multimember
agency
10
shall
follow
Robert’s
rules
of
order
in
governing
the
conduct
11
of
agency
meetings
unless
it
is
inconsistent
with
Iowa
law.
12
Sec.
2.
Section
17A.4,
subsection
1,
paragraph
b,
Code
2014,
13
is
amended
to
read
as
follows:
14
b.
(1)
Afford
all
interested
persons
not
less
than
twenty
15
days
to
submit
data,
views,
or
arguments
in
writing
,
including
16
in
an
electronic
format
.
If
timely
requested
in
writing
by
17
twenty-five
interested
persons,
by
a
governmental
subdivision,
18
by
the
administrative
rules
review
committee,
by
an
agency,
or
19
by
an
association
having
not
less
than
twenty-five
members,
the
20
agency
must
give
interested
persons
an
opportunity
to
make
oral
21
presentation.
22
(2)
The
agency
shall
provide
an
opportunity
to
make
these
23
oral
presentations
using
the
Iowa
communications
network
24
or
other
electronic
means
if
a
request
is
received
from
25
twenty-five
interested
persons
residing
in
the
same
city
or
26
county.
27
(3)
The
opportunity
for
oral
presentation
must
be
held
28
at
least
twenty
days
after
publication
of
the
notice
of
its
29
time
and
place
in
the
Iowa
administrative
bulletin.
The
30
agency
shall
consider
fully
all
written
and
oral
submissions
31
respecting
the
proposed
rule.
Within
one
hundred
eighty
32
days
following
either
the
notice
published
according
to
the
33
provisions
of
paragraph
“a”
or
within
one
hundred
eighty
34
days
after
the
last
date
of
the
oral
presentations
on
the
35
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H.F.
2385
proposed
rule,
whichever
is
later,
the
agency
shall
adopt
a
1
rule
pursuant
to
the
rulemaking
proceeding
or
shall
terminate
2
the
proceeding
by
publishing
notice
of
termination
in
the
Iowa
3
administrative
bulletin.
4
Sec.
3.
Section
17A.4,
subsection
2,
Code
2014,
is
amended
5
to
read
as
follows:
6
2.
An
agency
shall
include
in
a
preamble
to
each
rule
it
7
adopts
a
specific
reference
to
the
Code
section
or
sections
8
being
implemented
and
a
brief
explanation
of
the
principal
9
reasons
for
its
action
and,
if
applicable,
a
brief
explanation
10
of
the
principal
reasons
for
its
failure
to
provide
in
that
11
rule
for
the
waiver
of
the
rule
in
specified
situations
12
if
no
such
waiver
provision
is
included
in
the
rule.
This
13
explanatory
requirement
does
not
apply
when
the
agency
adopts
a
14
rule
that
only
defines
the
meaning
of
a
provision
of
law
if
the
15
agency
does
not
possess
delegated
authority
to
bind
the
courts
16
to
any
extent
with
its
definition.
In
addition,
if
requested
17
to
do
so
by
an
interested
person,
either
prior
to
adoption
18
or
within
thirty
days
thereafter,
the
agency
shall
issue
a
19
concise
statement
of
the
principal
reasons
for
and
against
the
20
rule
adopted,
incorporating
therein
the
reasons
for
overruling
21
considerations
urged
against
the
rule.
This
concise
statement
22
shall
be
issued
either
at
the
time
of
the
adoption
of
the
23
rule
or
within
thirty-five
days
after
the
agency
receives
the
24
request.
25
Sec.
4.
NEW
SECTION
.
17A.24
Rule
implementation
of
federal
26
statute,
regulation,
or
policy.
27
1.
Except
as
otherwise
explicitly
authorized
by
state
law,
28
an
agency
charged
with
the
implementation
of
a
federal
statute,
29
regulation,
or
policy
shall
not
implement
the
federal
statute,
30
regulation,
or
policy
in
a
manner
that
exceeds
the
specific
31
requirements
of
the
federal
statute,
regulation,
or
policy.
32
2.
Any
portion
of
an
agency
rule
or
policy
that
implements
33
a
federal
statute,
regulation,
or
policy
and
that
exceeds
the
34
specific
requirements
of
the
federal
statute,
regulation,
or
35
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