Relating to legislative approval of state agency rules that take effect during the two years preceding a regular legislative session.
The enactment of HB3158 would significantly alter how state agencies implement and maintain rules. It would require agencies to submit reports detailing rules that have been enacted in the period leading up to a legislative session, increasing transparency and necessitating more active engagement from lawmakers in regulatory affairs. It strengthens the legislative branch's control over administrative rules, thereby limiting the power of state agencies in enacting rules without direct legislative consent.
House Bill 3158 is a legislative proposal that mandates legislative approval for state agency rules that take effect during the two years preceding a regular legislative session. This bill introduces a system where if a state agency rule is implemented, it would automatically expire 90 days after the final adjournment of the legislative session unless it receives approval through subsequent legislation. This aims to enhance legislative oversight of agency rules and ensure that they align with legislative intent.
While the bill aims to enhance legislative oversight, it may also raise concerns about the potential challenges it poses to the timely and effective implementation of necessary regulations. Opponents may argue that such a requirement could stifle agencies' ability to act swiftly in response to emerging needs and adapt regulations between sessions. There may also be fears that this could hinder public health and safety measures that require immediate rule-making, putting the public at risk.
One notable aspect of HB3158 is the revival clause, which states that if a rule expires due to lack of approval, any prior rule that it amended or repealed will be reinstated as long as it remains consistent with the agency's authority. This introduces a safeguard to ensure that pre-existing regulations can remain in effect, which may assuage concerns from certain stakeholders about losing essential regulatory frameworks.