House File 2717 H-8326 Amend House File 2717 as follows: 1 1. Page 1, by striking lines 1 and 2 and inserting: 2 < DIVISION I 3 RULEMAKING PROCESS —— LEGISLATIVE REVIEW, DELAY, AND APPROVAL 4 OF RULES > 5 2. By striking page 1, line 32, through page 2, line 1, and 6 inserting < administrative bulletin created pursuant to section 7 2B.5A. The legislative services agency shall provide the 8 chairpersons and ranking members of the appropriate standing 9 committees of the general assembly a means to receive an 10 electronic copy of the notice for additional study. Any notice 11 of intended action > 12 3. Page 5, by striking lines 31 through 35. 13 4. By striking page 6, line 11, through page 10, line 33, 14 and inserting: 15 < Sec. ___. Section 17A.8, subsections 1, 5, and 6, Code 16 2026, are amended to read as follows: 17 1. There is created the “Administrative Rules Review 18 Committee.” The committee shall be bipartisan and shall be 19 composed of the following members: 20 a. Three Five senators appointed by the majority leader of 21 the senate and two three senators appointed by the minority 22 leader of the senate. The members appointed by the majority 23 leader of the senate, other than the chairperson, shall be 24 chairpersons of standing committees of the senate. 25 b. Three Five representatives appointed by the 26 speaker of the house of representatives and two three 27 representatives appointed by the minority leader of the house 28 of representatives. The members appointed by the speaker of 29 the house, other than the chairperson, shall be chairpersons of 30 standing committees of the house of representatives. 31 5. a. A regular committee meeting shall be held at the 32 seat of government on the second Tuesday of each month or on an 33 alternative date established by the committee. An additional 34 committee meeting shall be held in each month in which the 35 -1- HF 2717.3680 (2) 91 je/ko 1/ 6 #1. #2. #3. #4.
general assembly is convened for a regular session. The 1 chairperson may waive the requirement for an additional meeting 2 in a month in which a regular session of the general assembly 3 adjourns. Unless impracticable, in advance of each such 4 meeting the subject matter to be considered shall be published 5 in the Iowa administrative bulletin. 6 b. A special committee meeting may be called by the 7 chairperson at any place in the state and at any time. Unless 8 impracticable, in advance of each special meeting notice of 9 the time and place of such meeting and the subject matter to 10 be considered shall be published in the Iowa administrative 11 bulletin. 12 6. The committee shall meet for the purpose of selectively 13 reviewing rules, whether proposed or in effect. The committee 14 shall review a notice of intended action classified as a major 15 rule pursuant to section 17A.4, subsection 1, paragraph “a” , 16 before the earliest date on which the proposed rule could 17 be adopted pursuant to that paragraph. The committee shall 18 review a rule adopted under section 17A.5, subsection 2, 19 paragraph “b” , and classified as a major rule pursuant to 20 section 17A.4, subsection 1, paragraph “a” , or section 17A.5, 21 subsection 3, within thirty-five days of the publication of 22 the adopted rule in the Iowa administrative bulletin. The 23 committee shall review any other adopted rule classified as a 24 major rule pursuant to section 17A.4, subsection 1, paragraph 25 “a” , or section 17A.5, subsection 3, before its effective 26 date. A regular or special committee meeting shall be open to 27 the public and an interested person may be heard and present 28 evidence. The committee may require a representative of an 29 agency whose rule or proposed rule is under consideration 30 to attend a committee meeting. The committee may request 31 additional information about a rule from an agency. 32 Sec. ___. Section 17A.8, subsection 4, Code 2026, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . c. The administrative rules review 35 -2- HF 2717.3680 (2) 91 je/ko 2/ 6
committee may establish a subcommittee of three members of 1 the general assembly for the purpose of providing additional 2 review of a proposed or adopted major rule. The chairperson 3 of the subcommittee shall be a member of a standing committee 4 appropriate for the subject matter of the major rule. At 5 least two members of the subcommittee shall be members of the 6 administrative rules review committee. The subcommittee may 7 request additional information about the major rule from the 8 agency that proposed or adopted the major rule and require 9 a representative of the agency to attend a meeting of the 10 subcommittee or the committee and respond to questions from 11 subcommittee or committee members. The subcommittee may 12 provide recommendations and other information regarding the 13 major rule to the committee. 14 Sec. ___. Section 17A.8, Code 2026, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 11. a. Upon a vote of the majority of 17 its members, the administrative rules review committee may 18 delay the effective date of a rule for approval by the general 19 assembly, unless the rule is adopted under section 17A.5, 20 subsection 2, paragraph “b” . If the rule is adopted under 21 section 17A.5, subsection 2, paragraph “b” , the committee, 22 within thirty-five days of the publication of the rule in the 23 Iowa administrative bulletin and upon a vote of the majority 24 of its members, may suspend the applicability of the rule for 25 approval by the general assembly. The committee may delay the 26 effective date or suspend the applicability of a rule if it 27 determines any of the following: 28 (1) The rule lacks adequate statutory authority. 29 (2) The rule imposes costs, burdens, or mandates on the 30 private sector that are not justified by the regulatory 31 analysis required by section 17A.4A. 32 (3) The agency failed to comply with a requirement of this 33 chapter in its rulemaking process. 34 (4) The rule raises significant policy concerns that 35 -3- HF 2717.3680 (2) 91 je/ko 3/ 6
warrant review by the general assembly. 1 b. The committee shall refer the rule to the speaker of the 2 house of representatives and the president of the senate. The 3 referral shall be in writing and shall include the committee’s 4 specific determination under paragraph “a” , subparagraphs 5 (1) through (4), the committee’s findings regarding the 6 determination, and any other information the committee deems 7 appropriate. The committee shall make the referral within ten 8 days of the vote under paragraph “a” . The administrative code 9 editor shall publish the referral in the Iowa administrative 10 bulletin. 11 c. The rule shall not become effective or applicable unless 12 it is approved by the general assembly. A rule that is not 13 approved shall not become effective or applicable. The general 14 assembly may approve a rule by passage of a joint resolution. 15 The rule shall become effective or applicable on the effective 16 date of the joint resolution. 17 d. (1) If the effective date of a rule is delayed or the 18 applicability of a rule is suspended under this subsection 19 while the general assembly is not in session, and the governor 20 determines that the rule must become effective or applicable 21 immediately due to a requirement of federal law, a condition of 22 federal funding, or a state of disaster emergency proclaimed 23 by the governor pursuant to section 29C.6, the governor may 24 request temporary approval of the rule by the legislative 25 council. The rule shall become effective or applicable 26 upon temporary approval by the legislative council. A rule 27 temporarily approved by the legislative council shall cease to 28 be effective or applicable upon the adjournment of the next 29 regular session of the general assembly unless the general 30 assembly approves the rule by passage of a joint resolution 31 before adjournment. A rule that ceases to be applicable shall 32 cease to be effective on the same date. The rule shall remain 33 effective or applicable if approved. 34 (2) As soon as practicable, but no sooner than two weeks 35 -4- HF 2717.3680 (2) 91 je/ko 4/ 6
after publication of notice pursuant to paragraph “e” , the 1 administrative code editor shall remove a rule that has ceased 2 to be effective or applicable from the Iowa administrative 3 code. 4 e. The administrative code editor shall publish notice of a 5 delayed effective date or of applicability that was suspended, 6 and that a rule has been approved or ceased to be effective, in 7 the Iowa administrative code and bulletin. 8 f. Action by the committee under this subsection shall not 9 be construed to preclude any of the following: 10 (1) Any other action on a rule by the committee authorized 11 by this chapter, including but not limited to subsections 9 and 12 10. 13 (2) Enactment of legislation relating to a rule by the 14 general assembly. 15 (3) Further rulemaking by an agency. 16 Sec. ___. NEW SECTION . 17A.19A Judicial review —— major 17 rules. 18 1. In addition to any other action permitted under section 19 17A.19, an aggrieved or adversely affected person or party may 20 bring an action in district court concerning a major rule. 21 The district court shall have jurisdiction to do all of the 22 following: 23 a. Engage in de novo review of whether a rule is a major 24 rule. 25 b. Determine whether an agency complied with the 26 requirements of this chapter relating to major rules. 27 c. Determine when or if a rule alleged to be a major rule 28 became effective. 29 2. The approval of a major rule by the general assembly 30 pursuant to section 17A.8, subsection 11, shall not do any of 31 the following: 32 a. Extinguish or otherwise affect any legal claim, whether 33 substantive or procedural, concerning any alleged legal defect 34 of the major rule. 35 -5- HF 2717.3680 (2) 91 je/ko 5/ 6
b. Be construed as a grant or modification of statutory 1 authority by the general assembly for the adoption of the major 2 rule. 3 c. Be part of the record before the district court in any 4 judicial proceeding concerning a major rule except for purposes 5 of a proceeding under subsection 1. 6 Sec. ___. APPLICABILITY. This division of this Act applies 7 to rulemaking commencing with a regulatory analysis pursuant to 8 section 17A.4A, as amended by this Act, published in the Iowa 9 administrative bulletin on or after October 1, 2026, or with 10 a rule adopted under section 17A.4, subsection 3, and section 11 17A.5, subsection 2, paragraph “b”, on or after October 1, 12 2026. > 13 5. Title page, by striking line 2 and inserting < legislative 14 review, delay, and approval of administrative rules and 15 ratification of certain other > 16 6. By renumbering as necessary. 17 ______________________________ WILLS of Dickinson -6- HF 2717.3680 (2) 91 je/ko 6/ 6 #5. #6.