Agency oversight and rulemaking procedures.
With the enactment of HB 1100, existing administrative rules are set to expire on July 1 of the fourth year following their adoption, which is a notable change from the previous seven-year term. Agencies that intend to readopt an administrative rule must notify the publishing authority at least three years before the expiration date and provide an economic impact statement. This requirement aims to foster accountability and ensure that regulations affecting businesses are continuously justified. The overall intent is to reduce regulatory burden while maintaining effective governance.
House Bill 1100 focuses on enhancing agency oversight and streamlining rulemaking procedures within the state of Indiana. The bill mandates that state agencies must repeal any existing rules before adopting new ones that require or prohibit certain actions. Additionally, it establishes a review process for emergency rules, which now need approval from the attorney general prior to taking effect. This provides a safety mechanism to ensure that emergency rules comply with statutory requirements and do not violate existing laws. The bill also stipulates that any emergency rules cannot be effective for more than 180 days and must be re-evaluated within two years.
The reception of HB 1100 has been mixed among lawmakers and the public. Proponents argue that the bill is a necessary step towards more efficient governance and administrative practices, promoting transparency and accountability from state agencies. However, critics express concern about the potential for this bill to create bureaucratic hurdles, particularly for agencies dealing with time-sensitive issues requiring immediate rule adoption. They fear this may delay necessary emergency responses and negatively impact regulated entities.
Discussions surrounding HB 1100 have revealed points of contention particularly regarding the review process for emergency rules. Opponents argue that requiring attorney general approval could slow down the rulemaking process at critical times, especially in situations where swift actions are needed. Further, the reduced time available for emergency rules to remain in effect has raised worries about agencies being able to effectively manage urgent regulations without facing legislative backlash during review periods.