HB2254

THE CONTEXT: The Administrative Procedures Act provides agency rulemaking procedures and appeals agency decisions. Specifically, Title 41, Chapter 6, Article 3 outlines the statutory requirements for state agencies regarding rulemaking authority.

WHAT THE BILL DID: The final vetoed version would state that if a Rule is estimated to increase regulatory costs or have an adverse impact on economic growth, more than $500,000 within five years, the Rule may not become effective until the Legislature enacts legislation to ratify the Rule, require an agency, no later than 30 days before the next regular legislative session, to submit the Rule to the Committee and instructs the Committee to submit the proposed rule to the Legislature as soon as practicable, and allow any Legislator to introduce legislation to ratify the proposed rule.

WHY IT MATTERED: The practical reason for this bill was to make a concrete adjustment to the existing rule for rulemaking. It would state that if a Rule is estimated to increase regulatory costs or have an adverse impact on economic growth, more than $500,000 within five years, the Rule may not become effective until the Legislature enacts legislation to ratify the Rule, and would also require an agency, no later than 30 days before the next regular legislative session, to submit the Rule to the Committee and instructs the Committee to submit the proposed rule to the Legislature as soon as practicable, rather than leave the current rule unchanged.