H-8326

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

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WILLS of Dickinson