House of Representatives

HB 2537

regulatory reform

Sponsors: Representative Allen

dpa	Committee on Retirement and Government Operations
DPA	Caucus and COW
x	As Passed the House

HB 2537 modifies statute regarding agency regulatory approval process.

History

In the late 1990s, a series of legislative efforts resulted in the reform of state regulatory procedures, including the state rulemaking procedures and establishment of a comprehensive bill of rights for persons subject to the regulatory jurisdiction of the state. Last year, the issue of the applicability of regulatory reform to counties with jurisdiction to implement and enforce state programs was addressed. These efforts to strengthen the administrative procedures of state agencies, generally referred to as regulatory reform, continue based on ongoing evaluation of the results of regulatory reform on the practices of state agencies.

HB 2537 alters regulatory reform statute and creates a regulatory reform and enforcement study committee.

Provisions

· Requires each state agency to develop and maintain a list of persons offering services that guide businesses through any of the approval processes by January 1, 2003. The list must be made available to anyone who requests it, and all costs of assistance from any person on the list are the responsibility of the person seeking government approval.

· Adds a section of law that mandates each agency to prepare and make available to the public their regulatory agenda for the following calendar year on or before December 1 of each year. Self-supporting regulatory boards are excluded. The agenda must include:

1) All pre-rule makings.

2) Rules currently under development.

3) Reviews of existing rules.

4) Canceled or completed rule makings.

5) Privatization options and nontraditional regulatory approaches to be considered by the agency.

· Changes the effective date of a rule from the time the Secretary of State (SOS) affixes the time and date of filing to 30 days after publication in the register, with the exception of emergency rules and summary rules.

· Specifies that an emergency rule becomes effective after a certified original and two copies are filed in the office of the SOS and the SOS affixes the filing time and date to the document.

· Specifies that a summary rule becomes effective as provided in 41-1027 (summary rule making).

· Provides that the SOS shall include the effective date of each final rule in the register.

· States that when an agency relies on a study in evaluating or justifying a rule, the study is included in the preamble. The preamble should contain a reference to the study along with information alluding to where the public may obtain or review the study, all data underlying the study, any analysis of the study and other supporting material.

· Adds the provision that an agreement with a political subdivision should comply with the following:

1) This chapter, except that political subdivision may use an appeals process that is similar to Article 10 (definitions) of this chapter.

2) Substantive policy statements of the agency for the delegated program.

3) The stringency requirements prescribed in 49-112 (county regulations and standards), if applicable.

· Makes a final rule or ordinance submitted to the Board of Supervisors (BOS) effective 30 days after the notice is published in the register, rather than on the date the BOS adopts the final rule or ordinance. The SOS must include the effective date in the register with the publication of the notice.

· Establishes the regulatory reform and enforcement study committee.

· Repeals the regulatory reform and enforcement study committee February 1, 2002.

· Provides that 49-471.07 (rule or ordinance making) as amended does not become effective unless Laws 2000, chapter 194 (air quality rules) becomes effective.

· Makes technical changes.

HB 2537 was amended in the Retirement and Government Operations Committee as follows:

· Strikes language requiring state agencies to develop and maintain a list of persons offering services that guide businesses.

· Inserts a definitional section that addresses the referencing of a study under the term preamble.

· Strikes language regarding the effective dates of rules.

· Replaces the new language regarding the requirement placed on agencies to reference a study in the preamble if the agency proposes to rely on it with language that states an agency shall reference any study that was reviewed by the agency.

· Strikes language requiring the compliance of political subdivisions with specified regulations, in order for an agency to enter into a delegation agreement.

· Strikes language on the effective date of final rules and ordinances.

· Adds a county supervisor who is appointed by the governor to the study committee.

· Provides more regulatory issues for the study committee to review, including:

1) The effective date of final rules or county air quality ordinances until after the publication of the rules or ordinances in the state register.

2) The effectiveness of state ombudsmen and compliance assistance programs.

3) The application of the state administrative procedures act to programs delegated to political subdivisions through delegation agreements.

4) Methods to increase the reliability of economic impact statements of proposed rulemaking.

· Removes the conditional enactment.

HB 2537 was amended in Committee of the Whole as follows:

· Adopted the Retirement and Government Operations Committee amendment.

· Adopted a technical floor amendment to the Retirement and Government Operations Committee amendment.

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45th Legislature

First Regular Session 3 March 20, 2001

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