Bill Text: IA HF292 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to requests for agency action involving rules affecting livestock production, and including effective date provisions. (See Cmte. Bill HF 558)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF292 Detail]
Download: Iowa-2011-HF292-Introduced.html
House
File
292
-
Introduced
HOUSE
FILE
292
BY
DOLECHECK
A
BILL
FOR
An
Act
relating
to
requests
for
agency
action
involving
rules
1
affecting
livestock
production,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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292
Section
1.
Section
17A.7,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
To
the
extent
that
a
provision
in
this
3
section
conflicts
with
a
provision
in
section
17A.7A,
the
4
provision
in
section
17A.7A
prevails.
5
Sec.
2.
NEW
SECTION
.
17A.7A
Petition
for
adoption
of
rules
6
and
request
for
review
of
rules
——
livestock
production.
7
1.
As
used
in
this
section,
“regulatory
burden”
includes
8
but
is
not
limited
to
an
issue
affecting
the
health,
treatment,
9
or
use
of
livestock;
a
condition
or
activity
occurring
on
land
10
used
for
the
production
of
livestock,
including
but
not
limited
11
to
the
breeding,
care,
feeding,
or
housing
of
livestock;
manure
12
management;
or
the
disposal
of
a
livestock
carcass.
13
2.
This
section
applies
to
a
request
for
an
agency
action
14
submitted
pursuant
to
section
17A.7,
relating
to
the
regulatory
15
burden
placed
upon
a
livestock
producer,
including
a
petition
16
to
an
agency
requesting
the
adoption,
amendment,
or
repeal
17
of
a
rule
or
a
written
request
to
the
administrative
rules
18
coordinator
for
an
agency
to
conduct
a
formal
review
of
a
rule
19
of
that
agency.
The
administrative
rules
coordinator
may
20
submit
a
request
made
under
this
section
to
the
agency
for
a
21
decision.
22
3.
The
request
shall
be
denied
within
the
time
period
set
23
out
in
section
17A.7,
if
all
of
the
following
apply:
24
a.
It
is
more
likely
than
not
that
any
action
to
adopt,
25
amend,
or
repeal
a
rule
resulting
from
the
petition
or
review
26
would
increase
the
regulatory
burden
placed
upon
a
livestock
27
producer.
28
b.
The
request
is
not
accompanied
by
credible
data.
In
29
order
to
be
credible,
data
must
include
facts,
measurements,
30
or
statistics
that
are
collected
and
analyzed
using
objective
31
methods
that
are
generally
scientifically
accepted.
Data
is
32
not
credible
if
an
agency
would
not
rely
upon
it
alone
to
33
adopt,
amend,
or
repeal
a
rule.
34
4.
This
section
applies
notwithstanding
any
contrary
35
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provision
in
section
17A.7.
1
5.
This
section
does
not
apply
if
the
agency
or
2
administrative
rules
coordinator
determines
that
an
action
to
3
adopt,
amend,
or
repeal
a
rule
resulting
from
the
petition
4
or
review
would
substantially
decrease
the
regulatory
burden
5
placed
upon
a
livestock
producer
and
any
increase
in
the
6
regulatory
burden
placed
upon
the
livestock
producer
would
be
7
minimal.
8
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
9
immediate
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
REQUESTS
FOR
AGENCY
ACTION.
The
“Iowa
Administrative
12
Procedure
Act”
allows
a
person
to
submit
a
request
for
agency
13
action
to
adopt,
amend,
or
repeal
a
rule
(Code
section
17A.7).
14
The
request
may
be
in
the
form
of
a
petition
submitted
to
the
15
agency.
Generally,
the
agency
must
either
deny
the
request
16
or
initiate
rulemaking
procedures.
A
request
may
also
be
17
submitted
by
a
person,
association,
agency,
or
political
18
subdivision
to
the
administrative
rules
coordinator
to
order
19
the
agency
to
conduct
a
review
and
determine
whether
a
rule
20
should
be
amended
or
repealed
or
a
new
rule
adopted.
21
REQUESTS
INVOLVING
LIVESTOCK
PRODUCTION.
This
bill
provides
22
special
procedures
for
a
request
that
would
increase
the
23
regulatory
burden
placed
upon
a
livestock
producer.
In
that
24
case,
the
agency
or
administrative
rules
coordinator
must
deny
25
the
request
unless
it
is
accompanied
by
credible
data
collected
26
and
analyzed
using
generally
accepted
scientific
methods.
The
27
bill
provides
that
the
administrative
rules
coordinator
may
28
defer
the
decision
to
the
agency.
The
bill’s
provisions
do
not
29
apply
even
if
the
agency
or
administrative
rules
coordinator
30
determines
that
there
would
be
an
increase
in
the
regulatory
31
burden,
so
long
as
the
increase
would
be
minimal
and
would
be
32
offset
by
a
substantial
decrease
in
the
livestock
producer’s
33
regulatory
burden.
34
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