House Study Bill 574 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON NUNN) A BILL FOR An Act prohibiting state agencies from adopting rules or 1 certain other policies without explicit statutory or 2 judicial authorization. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5734YC (2) 87 je/rj

H.F. _____ Section 1. Section 17A.23, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. a. An agency shall not adopt, 3 implement, or enforce any rule, standard, requirement, or 4 threshold, including any term or condition of a license or 5 permit issued by the agency, unless that rule, standard, 6 requirement, or threshold is explicitly required or explicitly 7 permitted by a state statute or federal statute or regulation 8 or is necessary to address the requirements of a court ruling 9 specifically relating to the subject of the rule, standard, 10 requirement, or threshold. 11 b. In an action contesting a rule, standard, requirement, 12 or threshold, the burden of proof shall be on the agency to 13 demonstrate that the rule, standard, requirement, or threshold 14 is explicitly required or explicitly permitted by a state 15 statute or federal statute or regulation or is necessary 16 to address the requirements of a court ruling specifically 17 relating to the subject of the rule, standard, requirement, or 18 threshold. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill modifies Code chapter 17A, the Iowa administrative 23 procedure Act, by prohibiting a state agency from adopting, 24 implementing, or enforcing any rule, standard, requirement, 25 or threshold, including any term or condition of a license 26 or permit issued by the agency, unless that rule, standard, 27 requirement, or threshold is explicitly required or explicitly 28 permitted by a state statute or federal statute or regulation 29 or is necessary to address the requirements of a court ruling 30 specifically relating to the subject of the rule, standard, 31 requirement, or threshold. 32 The bill provides that in an action contesting a rule, 33 standard, requirement, or threshold, the burden of proof shall 34 be on the agency to demonstrate that the rule, standard, 35 -1- LSB 5734YC (2) 87 je/rj 1/ 2

H.F. _____ requirement, or threshold is explicitly required or explicitly 1 permitted by a state statute or federal statute or regulation 2 or is necessary to address the requirements of a court ruling 3 specifically relating to the subject of the rule, standard, 4 requirement, or threshold. 5 -2- LSB 5734YC (2) 87 je/rj 2/ 2