SB 943

This bill requires the Elections Commission to weekly submit to the Joint

Committee for Review of Administrative Rules all documents and communications

from the commission that the commission issued in the previous week that are

applicable to municipal clerks generally and qualify as guidance documents. If

JCRAR determines that such a document or communication satisfies the definition

of a rule under current law, JCRAR must notify the commission of that

determination and the commission must notify the municipal clerks that the

document or communication is withdrawn and no longer applicable. Under this bill,

the commission may promulgate the withdrawn document or communication as a

rule, if necessary for preserving the public peace, health, safety, or welfare. For

purposes of promulgating administrative rules, a “rule” is defined under current law

as “a regulation, standard, statement of policy, or general order of general

application that has the force of law and that is issued by an agency to implement,

interpret, or make specific legislation enforced or administered by the agency or to

govern the organization or procedure of the agency.”

The bill also requires the commission to provide a disclaimer with all guidance

documents that it provides to municipal clerks providing the statutory definition of

“guidance document” and indicating that guidance documents do not have the force

of law. Under current law, “guidance document” means, generally, any formal or

official document or communication issued by a state agency that explains the

agency's implementation of the current law that is enforced or administered by the

agency or provides advice with respect to how a state agency is likely to apply the

current law that is enforced or administered by the agency.