Requires that all agencies' final rules, promulgated pursuant to the administrative procedures act, be approved by general assembly action, but in no case later than December 31 of the year it is promulgated before it can become effective.
Impact
If passed, this legislation would shift the balance of regulatory authority from state agencies to the General Assembly. Proponents argue that it would enhance accountability and ensure that rules reflect the will of elected representatives, potentially leading to better-aligned regulations with state interests. It could result in a more consistent and coordinated approach to governance across various sectors, ensuring that state policies are uniformly applied and managed. However, it may also slow the administrative process, as agencies may have to navigate additional legislative scrutiny for rule enactment.
Summary
House Bill 7178 aims to amend the current administrative procedures of state agencies by requiring that all final rules promulgated by these agencies be approved by the General Assembly before they can take effect. Specifically, it mandates that no rule can be effective unless it receives approval from the General Assembly no later than December 31 of the year in which it is promulgated. This bill could significantly alter the current system by adding a layer of legislative oversight over agency regulations, which have previously been within the authority of these agencies alone.
Contention
There are concerns about the implications of this bill on the efficiency of state governance. Critics could argue that requiring legislative approval for agency rules may result in delays, limiting the ability of agencies to respond efficiently to emerging issues or challenges that may require timely regulatory adaptations. The contention revolves around the importance of having specialized agencies who can swiftly enact rules necessary for public safety and welfare versus the need for legislative checks to prevent potential overreach or misalignment with public interests.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)