This bill directly impacts the North Dakota Century Code by amending existing statutes related to the force and effect of administrative rules. It imposes a systematic review process that places the onus on the governor to oversee the relevance and application of rules. Agencies will be required to report to the governor to facilitate this review, which could lead to significant changes in how rules are maintained and enforced across the state. The visibility of rule expiration dates will also be enhanced through mandatory notifications and published tables.
Summary
House Bill 1434 introduces significant changes to the administrative rules governing state regulations in North Dakota. The bill establishes a process for the expiration of administrative rules, which will automatically expire ten years after their effective date unless reviewed and renewed by the governor. This legislative change aims to streamline the regulatory environment by ensuring that outdated rules are systematically removed, promoting a more responsive administrative system.
Contention
Notable points of contention regarding HB 1434 may arise from concerns over the concentration of power in the governor's office regarding rule enforcement and expiration. Critics may argue that this process limits agency autonomy and could lead to the inconsistent application of regulations. Furthermore, there is potential for debate about which rules should be prioritized during reviews and the implications of letting rules expire without consideration of the regulatory needs of various sectors.
The attorney general's review of proposed administrative rules and the authority of the administrative rules committee to object to or void an administrative rule.
The autism voucher; to provide a statement of legislative intent; to provide for a legislative management study; to provide for a report; to provide an effective date; and to declare an emergency.
A transfer of Bank of North Dakota profits to a water infrastructure revolving loan fund; to provide for a transfer; to provide an exemption; to provide for a legislative management study; to provide a report; to provide a penalty; to provide for application; to provide a retroactive effective date; to provide a contingent effective date; to provide an effective date; and to declare an emergency.
The retention of electronic mail for institutions under the control of the state board of higher education, final disposition of records, mandatory records retention policies for state agencies, and the administration of employee accounts upon employee departure from an agency; to provide for a legislative management study; to provide an effective date; and to declare an emergency.
School district enrollment, the definition of "probationary teacher", a school district's policy governing possession of a weapon, the definition of "dangerous weapon", modification of weighting factors, transition maximums and an increase in per student payments, and the school construction revolving loan fund; to provide for a legislative management study; to provide a legislative management report; to provide an appropriation; to provide for an exemption; to provide for a transfer; and to provide an effective date.