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Amendments › SF 2370

Amendment H-8281 to SF 2370

Concerning the executive branch rulemaking process and other agency functions and related matters

Adopted · April 17, 2024

Filed April 8, 2024 in the House by

What it changes

  1. By striking page 1, line 28, through page 2, line
  3. Page 3, by striking lines 2 through 4 and inserting “for oral presentation required by subsection
  4. In the case of a rule adopted without”
  5. Page 4, by striking line 5 and inserting: “Sec. ___. Section 17A.6, subsections 3 and 4, Code 2024, are amended”
  6. Page 4, after line 21 by inserting: “
  7. In lieu of the procedures established in subsection 3 , an agency may establish alternative procedures providing for public access to an electronic or printed copy of a publication containing standards adopted by reference if the publication is proprietary or contains proprietary information. For purposes of this subsection, “public access” means access that does not require purchase of the publication or payment for access to the publication.”
  8. Page 5, line 17, by striking “subsection” and inserting “subsections”
  9. Page 6, after line 28 by inserting: “NEW SUBSECTION .
  10. a. If a rule or portion of a rule adopted by an agency is determined by a court of competent jurisdiction to exceed the statutory authority of the agency or to be invalid on other grounds, or if a statute granting an agency authority to adopt a rule or portion of a rule is determined by a court of competent jurisdiction to be unconstitutional or to be invalid on other grounds, the agency, after the conclusion of any applicable period for appeals, shall notify the administrative code editor in writing of the court’s decision. The notification shall include a copy of the decision and a citation to the affected rule or portion of the rule. The administrative rules coordinator may notify the administrative code editor in writing on behalf of the agency. b. As soon as practicable after receiving such notification, the administrative code editor shall publish notice in the Iowa administrative bulletin of the court’s decision and the citation of the affected rule or portion of the rule and, no sooner than two weeks after such publication, remove the rule or portion of the rule from the Iowa administrative code.”
  11. Page 9, after line 9 by inserting: “(5) An agency may by rule define an ambiguous statutory term that is not defined by statute if a statute explicitly grants the agency rulemaking authority over the statute in which the ambiguous term is included.”
  12. Page 10, after line 11 by inserting: “Sec. ___. Section 200.14, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  13. Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or
  14. Sec. ___. Section 200A.4, Code 2024, is amended to read as follows: 200A.4 Rulemaking.
  15. The department shall adopt all rules necessary to administer this chapter including but not limited to rules regulating licensure, labeling, registration, distribution, and storage of bulk dry animal nutrient products. A violation of this chapter includes a violation of any rule adopted pursuant to this section as provided in chapter 17A .
  16. Rules adopted to administer this chapter are not subject to section 17A.7, subsection 2 or
  17. ”
  18. Page 10, line 19, by striking “subsection are” and inserting “section are”
  19. Page 10, after line 19 by inserting: “Sec. ___. Section 459.103, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  20. Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or
  21. Sec. ___. Section 459A.104, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  22. Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or
  23. Sec. ___. Section 459B.104, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  24. Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or
  25. ”
  26. Page 10, by striking lines 20 through 29 and inserting: “Sec. ___. Section 505.35, subsection 2, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . f. Model laws, regulations, and guidelines, including references to federal statutes or regulations contained therein. Sec. ___. Section 546.2, subsection 6, paragraph a, Code 2024, is amended to read as follows: a. Each division shall adopt rules pursuant to chapter 17A to implement its duties. Such rules shall not be subject to section 17A.7, subsection
  27. Sec. ___. Section 546.2, subsection 6, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . c. Each division has explicit authority to adopt rules pursuant to chapter 17A consistent with model or uniform regulations approved by national, federal, or international insurance, securities, banking, or credit union regulatory organizations, and not inconsistent with Iowa law. Such rules are exempt from the requirements of section 17A.6, subsection
  28. ”
  29. Page 10, before line 30 by inserting: “Sec. ___. EFFECTIVE DATE. The sections of this division of this Act amending sections 17A.19 and 17A.23 take effect July 1,
  30. ”
  31. Title page, line 2, after “matters” by inserting “, and including effective date provisions”
  32. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book