HSB 574 (LSB 5734YC (2) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON NUNN)

A BILL FOR

An Act prohibiting state agencies from adopting rules or certain other policies without explicit statutory or judicial authorization. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.23, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  An agency shall not adopt, implement, or enforce any rule, standard, requirement, or threshold, including any term or condition of a license or permit issued by the agency, unless that rule, standard, requirement, or threshold is explicitly required or explicitly permitted by a state statute or federal statute or regulation or is necessary to address the requirements of a court ruling specifically relating to the subject of the rule, standard, requirement, or threshold. 
   b.  In an action contesting a rule, standard, requirement, or threshold, the burden of proof shall be on the agency to demonstrate that the rule, standard, requirement, or threshold is explicitly required or explicitly permitted by a state statute or federal statute or regulation or is necessary to address the requirements of a court ruling specifically relating to the subject of the rule, standard, requirement, or threshold.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies Code chapter 17A, the Iowa administrative procedure Act, by prohibiting a state agency from adopting, implementing, or enforcing any rule, standard, requirement, or threshold, including any term or condition of a license or permit issued by the agency, unless that rule, standard, requirement, or threshold is explicitly required or explicitly permitted by a state statute or federal statute or regulation or is necessary to address the requirements of a court ruling specifically relating to the subject of the rule, standard, requirement, or threshold.
   The bill provides that in an action contesting a rule, standard, requirement, or threshold, the burden of proof shall be on the agency to demonstrate that the rule, standard, requirement, or threshold is explicitly required or explicitly permitted by a state statute or federal statute or regulation or is necessary to address the requirements of a court ruling specifically relating to the subject of the rule, standard, requirement, or threshold.