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 certain conditions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  17A.35  New rules —— moratorium.
   1.  An agency shall not adopt a rule unless the rate of insured unemployment for the state, as determined by the department of workforce development, on the date of adoption of the rule, is below four percent.
   2.  This section shall not apply to adoption of a rule necessary to prevent a substantial and immediate danger to the public health or safety as determined by an agency. In any subsequent action contesting the adoption of a rule pursuant to this subsection, the burden of proof shall be on the agency to justify its determination. The agency’s determination and a full statement of the reasons therefor shall be filed with and made part of the rule.
   3.  This section shall not apply to the adoption of a rule, which is an amendment or repeal of an existing rule, if the adopting agency determines that such adoption will not negatively impact the rate of insured unemployment for the state. In any subsequent action contesting the adoption of a rule subject to this subsection, the burden of proof shall be on the agency to justify its determination. The agency’s determination and a full statement of the reasons therefor shall be filed with and made part of the rule.
   4.  This section shall not apply to the adoption of a rule which is specifically required by statute.
EXPLANATION
   This bill prohibits an agency from adopting a rule pursuant to the Iowa administrative procedure act unless the rate of insured unemployment for the state, as determined by the department of workforce development, on the date of adoption of the rule, is below 4 percent.
   The bill does not apply to the adoption of a rule which an agency determines is necessary to prevent a substantial and immediate danger to the public health or safety. In any action contesting the adoption of a rule under this exception, the agency bears the burden of proof.
   The bill does not apply to the adoption of a rule, which is an amendment or repeal of an existing rule, if the adopting agency determines that such adoption will not negatively impact the rate of insured unemployment for the state. In any action contesting the adoption of a rule under this exception, the agency bears the burden of proof.
   The bill also does not apply to the adoption of a rule which is specifically required by statute.