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
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#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
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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
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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
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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.
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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
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#5.
#6.