SB 218

Under current law, when a proposed administrative rule (proposed rule) is in

final form, the agency promulgating the proposed rule must notify the legislature as

to that fact and the presiding officer of each house of the legislature must then direct

the proposed rule to be referred to one standing committee of his or her house. A

standing committee to which a proposed rule is referred then has 30 days after

referral within which to review the proposed rule (committee review period). During

the committee review period, a standing committee may request modifications to the

proposed rule, waive its jurisdiction over the proposed rule, object to the proposed

rule, or approve the proposed rule.

When a standing committee's jurisdiction over a proposed rule is concluded, the

proposed rule is referred to the Joint Committee for Review of Administrative Rules

(JCRAR), which also has a 30-day committee review period within which to take

action on the proposed rule, which actions include requesting modifications to the

proposed rule, nonconcurring in the standing committee's objection to the proposed

rule, concurring in the standing committee's approval of the proposed rule, otherwise

approving the proposed rule, waiving its jurisdiction over the proposed rule, or

objecting to the proposed rule in whole or in part. If JCRAR nonconcurs in the

standing committee's objection to, concurs in the standing committee's approval of,

otherwise approves, or waives its jurisdiction over a proposed rule in whole or in part

or if the JCRAR's committee review period concludes without objection to the

proposed rule in whole or in part, the agency may promulgate the proposed rule or

any part of the proposed rule not objected to. If JCRAR objects to the proposed rule

or any part of the proposed rule, JCRAR must introduce bills in each house of the

legislature to prevent promulgation of the proposed rule and the agency may not

promulgate the proposed rule or any part of the proposed rule until those bills fail

to be enacted.

This bill permits an agency to promulgate a rule only if a bill authorizing

promulgation of the rule is enacted into law. Specifically, the bill permits a standing

committee to which a proposed rule is referred to meet and take executive action in

favor of introducing a bill to authorize promulgation of the proposed rule or any part

of the proposed rule. If both committees to which a proposed rule is referred take that

executive action, the committees must introduce those bills and the bills must be

referred to JCRAR. If JCRAR does not object to the bills, the presiding officer of each

house of the legislature must refer the bill introduced in that house to the calendar

scheduling committee, and if either bill becomes law, the agency may promulgate the

proposed rule or any part of the proposed rule to which the bills pertain.

If, however, both standing committees fail to take that executive action in favor

of introducing bills to authorize promulgation of the proposed rule or the same part

of the proposed rule, if JCRAR objects to the bills, or if both bills fail to be enacted,

the agency may not promulgate the proposed rule or any part of the proposed rule