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SF 2395

A bill for an act relating to executive branch functions, including ratification of major administrative rules and certain other actions, other matters relating to the state rulemaking process, and terms of service of certain appointed members of certain boards, and including applicability provisions.

2025-2026 Regular Session

The bill strengthens oversight of major rules by mandating classification, legislative analyses, and requiring ratification to keep major rules in effect beyond the next session.

Attached to HF 2717.
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Bill Summary · SF 2395

Summary: S.F. 2395 (Iowa) – Executive Branch, Major Administrative Rules, and Rulemaking Process

Overview

S.F. 2395 is an Iowa Senate bill from the 2025-2026 session that focuses on executive branch functions related to ratification of major administrative rules, procedures for major rules not ratified, and enhancements to the state’s rulemaking process. It introduces mechanisms for temporary major rules during non-session periods, strengthens classification requirements for major rules, and mandates legislative regulatory analysis for major-rule actions.

Purpose and Intent

  • To manage and control the temporary use of major rules when the General Assembly is not in session.
  • To ensure greater transparency and legislative involvement in the rulemaking process, especially for major rules.
  • To provide procedures for rescission or modification of major rules that have not been ratified by the General Assembly.
  • To require explicit classification and documentation at all three stages of rulemaking (regulatory analysis, notice of intended action, and adoption).

Key Provisions

  1. Temporary Major Rules When the General Assembly is Not In Session

    • The Governor may request temporary effectiveness of a major rule only if:
      • Federal law requires it,
      • A condition of federal funding requires it, or
      • A state disaster emergency proclaimed by the Governor requires it.
    • A major rule that is temporarily approved by the Legislative Council becomes effective upon that temporary approval.
    • The Governor must publish a statement in the Iowa Administrative Bulletin explaining why the rule is necessary to become effective during a non-session period.

  2. Sunset and Ratification

    • A major rule that is temporarily approved by the Legislative Council (and thus effective while the Assembly is not in session) shall cease to be effective upon adjournment of the next regular session unless the General Assembly ratifies the rule before adjournment.

  3. Rescission and Further Rulemaking

    • The bill creates procedures for an agency to:
      • Rescind a major rule that has not been ratified.
      • Engage in further rulemaking related to a major rule that has not been ratified.

  4. Classification of Major Rules

    • Agencies must classify whether a proposed or adopted rule is a major rule at each stage of the rulemaking process:
      • Regulatory analysis
      • Notice of intended action
      • Adoption
    • Agencies must include an explanation of their classification and must state, clearly, whether the rule is a major rule.
    • The classification must cover all rulemaking actions in a given rulemaking document.

  5. Legislative Regulatory Analysis by LSA

    • The Legislative Services Agency (LSA) must perform a legislative regulatory analysis for each notice of intended action and adoption that an agency classifies as a major rule.
    • The content of the legislative regulatory analysis is specified by the bill.
    • The LSA must submit a report that includes the legislative regulatory analysis for major-rule actions.

Who Is Affected

  • Executive Agencies and Departments: Must apply the new classification system, prepare regulatory analyses for major rules, and follow procedures for temporary major-rule effectiveness and potential rescission.
  • Legislative Services Agency (LSA): Responsible for conducting and reporting the legislative regulatory analyses of major rules.
  • Governor and Legislative Council: The Governor’s ability to seek temporary major rules during non-session periods is conditioned on specific circumstances; the Legislative Council issues temporary approvals for such rules.
  • General Assembly: Gains increased oversight over major rules through mandatory ratification to keep rules in effect beyond the next regular session.

Procedural and Timeline Aspects

  • Temporary Effectiveness: Major rules can become effective during non-session periods only if mandated by federal law, federal funding conditions, or a state disaster emergency; temporary approval requires Legislative Council action.
  • Publication Requirement: The Governor must publish a rationale in the Iowa Administrative Bulletin for temporary rules.
  • Sunset of Temporary Rules: Unless ratified before adjournment, temporarily approved major rules cease to be effective after the next regular session adjourns.
  • Rescission and Relating Rulemaking: Agencies can rescind or further amend major rules that have not been ratified.
  • Classification and Documentation: At three stages (regulatory analysis, notice, adoption), agencies must classify rules as major or not and explain the rationale.
  • LSA Analysis: Mandatory legislative regulatory analysis for major-rule actions, with formal reporting to accompany major-rule notices and adoptions.

Potential Impacts

  • Increased transparency and legislative involvement in major rulemaking.
  • Potential delays or changes to the implementation of major rules due to ratification requirements.
  • Clearer articulation of when major rules can take effect during non-session periods, with specific justification and publication requirements.
  • Greater administrative burden on agencies and the LSA to classify, analyze, and report on major rules.
  • Possible reconsideration or rescission of major rules that have not undergone ratification.

Status

  • Action history shows introduction and committee activity in early 2026, with attachment to HF 2717 (as of April 21, 2026).
  • Bill was placed on calendar for consideration with unfinished business in March 2026.

If you’d like, I can extract specific section-by-section language or provide a side-by-side comparison with current Iowa rulemaking procedures.

Compiled from official sources — confirm details with the bill’s official record.

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