SB 568

Under current law, a state agency (agency) may promulgate administrative

rules (rules) to interpret the provisions of any statute enforced or administered by

the agency, if the agency considers it necessary to effectuate the purpose of the

statute.

This bill requires periodic review of rules. Specifically, the bill requires every

agency that has promulgated rules to determine which of those rules has been in

effect for ten years without being modified or revised. The bill, however, permits

agencies to make that determination with respect to a rule that is in effect on

January 1, 2013, which is the effective date of the bill, during a five-year grace period

beginning on that date. If an agency determines that a rule has been in effect for ten

years without being modified or revised, the agency must submit a report regarding

the rule to the Joint Committee for Review of Administrative Rules (JCRAR). The

report must include all of the following:

1. An analysis of the continued need for the rule; the nature and merits of any

complaints or comments received from the public regarding the rule; the complexity

of the rule; the extent to which the rule overlaps, duplicates, or conflicts with federal

regulations, other state rules, or local ordinances; and the degree to which

technology, economic conditions, or other factors have changed in the subject area

affected by the rule since the rule was promulgated or last modified or revised.

2. Recommendations to delete any obsolete provisions of the rule; to address

any meritorious complaints or comments received from the public regarding the rule;

to simplify any unnecessarily complex provisions of the rule; to eliminate any

overlap, duplication, or conflict of the rule with federal regulations, other state rules,

or local ordinances; and to modernize the rule in light of technological, economic, or

other changes in the subject area affected by the rule since the rule was promulgated

or last modified or revised.

JCRAR then must review the report using a 14-day passive review process.

Specifically, if the cochairpersons of JCRAR do not notify the head of the agency that

JCRAR has scheduled a meeting for the purpose of reviewing the report within 14

working days after receipt of the report, the rule identified in the report continues

in effect and the agency may proceed with rule making to revise the rule in

accordance with its recommendations. If, however, the cochairpersons of JCRAR

notify the head of the agency, within those 14 working days, that JCRAR has

scheduled a meeting for the purpose of reviewing the report, JCRAR may schedule

a meeting to review the report. At the conclusion of its review, JCRAR may do any

of the following:

1. Approve the rule in its current form, as modified by the agency's

recommendations, in which case the rule continues in effect and the agency may

proceed with rule making to revise the rule in accordance with those

recommendations.