Tennessee Senate Bill SB1640

Tennessee 2023-2024 Regular Session

• Introduced: 1/4/24
• Engrossed: 3/25/24
• Enrolled: 4/16/24
• Passed: 5/1/24
• Chaptered: 5/9/24

Caption

AN ACT relative to agency rules scheduled to expire pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.

Impact

The passage of SB 1640 impacts state laws by extending the effectiveness of certain regulatory rules beyond their scheduled expiration dates. This legislative action is crucial in ensuring that regulations, particularly in areas like health and safety, continue to be enforced without interruption. Notably, the bill includes provisions that explicitly state that any rules conflicting with legislative enactments will not be sustained, thereby maintaining a balance between agency rules and legislative authority.

Summary

Senate Bill 1640 is an act designed to affect agency rules scheduled to expire under the Uniform Administrative Procedures Act, specifically those scheduled for expiration on June 30, 2024. The bill stipulates that all permanent rules filed on or after January 1, 2023, which are still in effect on the bill's effective date, will not expire as previously scheduled but will remain effective until amended or repealed. This change seeks to provide continuity in the regulation process, preventing sudden gaps in enforcement of rules critical to various agencies.

Sentiment

The sentiment surrounding SB 1640 appears to be generally supportive, particularly among stakeholders who rely on the stability of administrative rules for operations and compliance. Advocates argue that the bill fortifies essential regulations, ensuring public safety and agency efficiency. However, some concerns have been voiced regarding the potential overreach of administrative powers and the implications of indefinite rule extensions without periodic reviews or amendments.

Contention

Despite the overall support for the bill, contention arises particularly with specific rules that the bill allows to expire, including some from the Board of Pharmacy concerning sterile product preparation and compounding. Opponents may argue that maintaining flexibility in rule expiration is necessary for responsiveness to emerging issues within regulatory practices. The debates underscore a broader discussion about the balance between regulatory stability and the need for timely updates to rules reflective of changing circumstances and public health demands.