House Study Bill 505 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ECONOMIC GROWTH/REBUILD IOWA BILL BY CHAIRPERSON GRASSLEY) A BILL FOR An Act imposing a moratorium on new administrative rules under 1 certain conditions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5151YC (3) 84 je/rj
H.F. _____ Section 1. NEW SECTION . 17A.35 New rules —— moratorium. 1 1. An agency shall not adopt a rule unless the rate of 2 insured unemployment for the state, as determined by the 3 department of workforce development, on the date of adoption of 4 the rule, is below four percent. 5 2. This section shall not apply to adoption of a rule 6 necessary to prevent a substantial and immediate danger to the 7 public health or safety as determined by an agency. In any 8 subsequent action contesting the adoption of a rule pursuant to 9 this subsection, the burden of proof shall be on the agency to 10 justify its determination. The agency’s determination and a 11 full statement of the reasons therefor shall be filed with and 12 made part of the rule. 13 3. This section shall not apply to the adoption of a 14 rule, which is an amendment or repeal of an existing rule, if 15 the adopting agency determines that such adoption will not 16 negatively impact the rate of insured unemployment for the 17 state. In any subsequent action contesting the adoption of 18 a rule subject to this subsection, the burden of proof shall 19 be on the agency to justify its determination. The agency’s 20 determination and a full statement of the reasons therefor 21 shall be filed with and made part of the rule. 22 4. This section shall not apply to the adoption of a rule 23 which is specifically required by statute. 24 EXPLANATION 25 This bill prohibits an agency from adopting a rule pursuant 26 to the Iowa administrative procedure act unless the rate of 27 insured unemployment for the state, as determined by the 28 department of workforce development, on the date of adoption of 29 the rule, is below 4 percent. 30 The bill does not apply to the adoption of a rule which an 31 agency determines is necessary to prevent a substantial and 32 immediate danger to the public health or safety. In any action 33 contesting the adoption of a rule under this exception, the 34 agency bears the burden of proof. 35 -1- LSB 5151YC (3) 84 je/rj 1/ 2
H.F. _____ The bill does not apply to the adoption of a rule, which is 1 an amendment or repeal of an existing rule, if the adopting 2 agency determines that such adoption will not negatively impact 3 the rate of insured unemployment for the state. In any action 4 contesting the adoption of a rule under this exception, the 5 agency bears the burden of proof. 6 The bill also does not apply to the adoption of a rule which 7 is specifically required by statute. 8 -2- LSB 5151YC (3) 84 je/rj 2/ 2