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
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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
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2