Bill Text: IA SF229 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the review of administrative rules for their impact on small business.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF229 Detail]
Download: Iowa-2011-SF229-Introduced.html
Senate
File
229
-
Introduced
SENATE
FILE
229
BY
McKINLEY
A
BILL
FOR
An
Act
relating
to
the
review
of
administrative
rules
for
their
1
impact
on
small
business.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
229
Section
1.
Section
15.106,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8A.
Analyze
each
notice
of
intended
action
3
or
rule
filed
without
notice
which
may
have
a
substantial
4
impact
on
small
business
and
submit
its
analysis
and
findings
5
on
that
impact
as
required
by
section
17A.4,
subsection
4A.
6
Sec.
2.
Section
17A.4,
Code
2011,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
4A.
Any
notice
of
intended
action
or
9
rule
filed
without
notice
pursuant
to
subsection
2,
which
may
10
have
a
substantial
impact
on
small
business,
as
defined
in
11
section
17A.4A,
subsection
8,
shall
summarize
that
impact
in
12
the
preamble
of
the
notice
of
intended
action
or
the
preamble
13
of
a
rule
filed
without
notice.
In
addition,
the
agency
shall
14
notify
the
department
of
economic
development
of
this
intended
15
action
or
rule
and
its
possible
impact
on
small
business.
16
The
department
of
economic
development
shall
analyze
the
17
rulemaking
and
determine
whether
the
impact
on
small
business
18
is
substantial,
adverse,
and
whether
any
feasible
alternatives
19
exist
to
reduce
the
impact.
The
department
shall
submit
its
20
analysis
and
findings
to
the
administrative
rules
coordinator,
21
the
administrative
rules
review
committee,
and
the
agency.
A
22
rule
which
is
the
subject
of
the
notice
of
intended
action
23
shall
not
be
adopted
until
the
analysis
has
been
completed.
24
For
a
rule
filed
without
notice,
the
analysis
must
be
submitted
25
within
seventy
days
of
the
publication
of
the
rule.
26
Sec.
3.
Section
17A.4A,
subsection
1,
Code
2011,
is
amended
27
to
read
as
follows:
28
1.
An
agency
shall
issue
a
regulatory
analysis
of
a
proposed
29
rule
that
complies
with
subsection
2
,
paragraph
“a”
,
if,
within
30
thirty-two
days
after
the
published
notice
of
proposed
rule
31
adoption,
a
written
request
for
the
analysis
is
submitted
32
to
the
agency
by
the
administrative
rules
review
committee
33
or
the
administrative
rules
coordinator.
An
agency
shall
34
issue
a
regulatory
analysis
of
a
proposed
rule
that
complies
35
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229
with
subsection
2
,
paragraph
“b”
,
if
the
rule
would
have
a
1
substantial
impact
on
small
business
and
if,
within
thirty-two
2
days
after
the
published
notice
of
proposed
rule
adoption,
a
3
written
request
for
analysis
is
submitted
to
the
agency
by
the
4
administrative
rules
review
committee,
the
administrative
rules
5
coordinator,
the
department
of
economic
development,
at
least
6
twenty-five
persons
signing
that
request
who
each
qualify
as
7
a
small
business
,
or
by
an
organization
representing
at
least
8
twenty-five
such
persons.
If
a
rule
has
been
adopted
without
9
prior
notice
and
an
opportunity
for
public
participation
in
10
reliance
upon
section
17A.4,
subsection
3
,
the
written
request
11
for
an
analysis
that
complies
with
subsection
2
,
paragraph
“a”
12
or
“b”
,
may
be
made
within
seventy
days
of
publication
of
the
13
rule.
14
Sec.
4.
Section
17A.33,
Code
2011,
is
amended
to
read
as
15
follows:
16
17A.33
Review
by
administrative
rules
review
committee.
17
The
administrative
rules
review
committee
shall
review
18
existing
rules,
as
time
permits,
to
determine
if
there
are
19
adverse
or
beneficial
effects
from
these
rules.
The
committee
20
shall
give
a
high
priority
to
review
rules
that
are
referred
to
21
it
by
small
business
as
defined
in
section
17A.4A
,
and
rules
22
identified
by
the
department
of
economic
development
as
having
23
a
substantial
and
adverse
impact
on
small
business
.
The
review
24
of
these
rules
shall
be
forwarded
to
the
appropriate
standing
25
committees
of
the
house
and
senate.
26
EXPLANATION
27
This
bill
requires
any
new
rule
having
a
substantial
impact
28
on
small
business
to
indicate
that
fact
in
the
preamble
of
29
the
filing
and
requires
the
agency
promulgating
the
rule
to
30
notify
the
department
of
economic
development.
The
department
31
is
then
required
to
analyze
this
impact
and
determine
whether
32
any
feasible
alternatives
exist
to
reduce
that
impact.
This
33
analysis
is
to
be
provided
to
the
administrative
rules
34
coordinator,
the
administrative
rules
review
committee,
and
the
35
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agency.
The
bill
also
authorizes
the
department
of
economic
1
development
to
demand
an
agency
to
issue
a
small
business
2
regulatory
flexibility
analysis
and
requires
the
administrative
3
rules
review
committee
to
review
new
rules
identified
as
having
4
a
substantial
and
adverse
impact
on
small
business.
5
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