SB517 H GO AM #1
Schiffour 3289
The Committee on Government Organization moves to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
“ARTICLE 3. RULEMAKING.
§29A-3-19. Sunset provision in rules.
(b)
Any legislative rule existing as of April 1, 2016, that is thereafter modified
amended pursuant to this article, shall include a sunset provision terminating
the rule on August 1 of the applicable year as part of the modification
amendment setting forth a termination date for the rule: Provided,
That the rule may be renewed for additional terms of years by the
Legislature pursuant to the rule-making procedures and authority in this
article: Provided, however, That if a different sunset or termination
provision exists in the statute under which the legislative rule is
promulgated, the enabling statute’s provision controls: Provided further,
That this subsection shall not apply to legislative rules promulgated by the
Department of Environmental Protection or emergency rules promulgated pursuant
to §29A-3-15 of this code.
(c) The existence of a sunset provision terminating a legislative rule shall not preclude the repeal of the legislative rule by the Legislature prior to its termination.
(d) As part of its rule review under this article, the Legislative Rule-Making Review Committee may establish a procedure for timely review of a legislative rule prior to its termination for those agencies that have affirmatively sought renewal prior to expiration. The procedure may include a requirement that the agency show cause as to why the terminating legislative rule is required and necessary to be continued for another term of years.
(e)
The Secretary of State shall provide notice to the promulgating agency and the
Legislative Rule-Making Review Committee at least 18 months prior to every
legislative rule’s termination date. The promulgating agency has 60 days from
receipt of the notice to file the legislative rule with the Secretary of State
and the Legislative Rule-Making Review Committee affirmatively seeking renewal
of the legislative rule: Provided, That, if the legislative rule
that is scheduled to sunset may not be is not being amended or
changed, except for a new sunset date, and the rule is not
subject to the public comment period requirements contained in §29A-3-5 of this
code. The Legislative Rule-Making Review Committee, as part of its rule review
under this article, may begin reviewing a legislative rule upon its filing.
(f) Any agency that has promulgated a legislative rule with a sunset date prior to May 1 of the applicable year, may file a technical amendment with the Secretary of State for the purposes of establishing a sunset date of August 1 of the applicable year.
(g) The Secretary of State shall file a notice of sunset in the State Register within 30 days following the expiration of a legislative rule.”
Adopted
Rejected