North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S106

Introduced
2/14/23  

Caption

APA Rules Requirements Clarification

Impact

If enacted, SB106 would have significant implications for state law by affirmatively defining the scope of enforceable rules and establishing stricter compliance requirements for state agencies. This change means that agencies could not impose regulations or policies without undergoing the formal rule adoption process, potentially reducing arbitrary enforcement practices and increasing accountability. The bill could also streamline processes within agencies, as they would need to adhere to clearer guidelines when creating new rules or revising existing ones.

Summary

Senate Bill 106, titled the APA Rules Requirements Clarification, aims to clarify the existing framework of the Administrative Procedure Act (G.S. 150B) in North Carolina. The bill sets specific requirements for agencies regarding the adoption and enforcement of rules, ensuring that any policy, guideline, or interpretative statement deemed a 'rule' cannot be enforced unless it has been formally adopted in accordance with the Act. This stipulation is intended to enhance consistency and transparency within the rulemaking process across various state agencies.

Sentiment

The sentiment surrounding SB106 appears to be generally positive among proponents who advocate for clearer governance and greater oversight of administrative actions. Supporters argue that the standardization and procedural clarity introduced by the bill will protect citizens from unexpected or unilateral directives. However, some agencies may view the increased regulatory burden as a limitation to their operational flexibility and responsiveness, leading to mixed sentiments particularly among government entities tasked with implementing such rules.

Contention

There are points of contention regarding how the bill may affect agency operations, particularly concerning the additional steps involved in rule adoption. Critics express concern that the clarified requirements could delay urgent regulatory responses and hinder agencies from acting swiftly in times of need. Additionally, the debate may center around whether the increased procedural demands could lead to potential gridlock in regulatory processes, ultimately impacting the efficiency of state governance.

Companion Bills

No companion bills found.

Previously Filed As

NC S675

Land Use Clarification and Changes

NC S493

Land Use Clarification and Changes

NC S123

Certificate of Insurance Clarifications

NC S693

Administrative Procedure Act Amendments

NC H600

Regulatory Reform Act of 2023

NC H402

Limit Rules With Substantial Financial Costs

NC H608

Safety Requirements for Elevators

NC H627

On-Site Wastewater Rules Implementation

NC S166

2024 Bldg. Code Regulatory Reform

NC H316

Respiratory Care Modernization Act

Similar Bills

No similar bills found.