Tennessee House Bill HB0234

Tennessee 2023-2024 Regular Session

• Introduced: 1/13/23
• Refer: 1/21/23
• Refer: 4/17/23
• Chaptered: 5/17/23
• Passed: 5/17/23

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

By ensuring that agency rules maintain continuity past their scheduled expiration, HB 0234 aims to alleviate concerns regarding sudden regulatory voids that could occur if these rules were allowed to lapse. This legislative act would modify the previous protocol outlined in the Tennessee Code Annotated, specifically Title 4, Chapter 5, allowing rules to operate effectively even in the face of expiration deadlines. Thus, it has implications for how agencies oversee their functions and the regulations they enforce.

Summary

House Bill 0234 is centered around the management of agency rules that are scheduled to expire according to the Uniform Administrative Procedures Act in Tennessee. Specifically, the bill stipulates that all permanent rules that have been filed and are in effect since January 1, 2022, and are due to expire on June 30, 2023, will continue to remain effective until they are repealed or amended by a relevant agency or legislatively superseded. This measure is designed to provide stability in agency regulations and prevent abrupt changes that may disrupt governance and agency operations.

Sentiment

The reaction to HB 0234 is mainly evaluative in nature, suggesting that stakeholders who depend on consistency in state regulations may find the bill favorable. Proponents argue that it would create a more predictable regulatory environment for agencies, while critics may question whether such allowances could hinder necessary regulatory updates or adaptations to changing circumstances. The sentiment reflects a cautious optimism among those wary of regulatory disarray.

Contention

One point of contention regarding HB 0234 is the potential for conflict with legislative enactments, as the bill states that it will not justify the continued effectiveness of any rule in conflict with such enacted laws. This provision may lead to debates over agency autonomy versus legislative oversight, especially when it comes to adapting regulations that meet contemporary needs in Tennessee. Overall, while the bill aims to offer solutions for steady governance, the nuances of its application could spur discussions about the balance of power between legislative bodies and agencies.