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Bill would create formal written request/complaint path to agencies, allow Appropriations review and possible budget reductions
Summary
Rep. Nellie Nicholl proposed HB 376 to create a formal written request process for legislators and give a path to refer nonresponsive agencies to the Appropriations Committee, which could vote to reduce an agency's budget by up to 5%; agencies warned the timeline and penalty raise feasibility and legal questions.
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Representative Nellie Nicholl opened on House Bill 376, a measure to standardize legislative requests for information from state agencies during session. Under the bill as presented, a legislator would submit a written request to an agency head and a specified official; the agency would have five days to respond. If an agency failed to respond, the legislator could file a written complaint that would be heard by the Appropriations Committee within three legislative days; after a hearing that committee could vote to reduce that agency's budget by up to 5% and would transmit records of the hearing to legislative leadership and the governor.
Nicholl said the bill includes anti‑retaliation language and other limits to prevent misuse, and described it as a "one‑off" tool for situations where normal informal channels fail.
Informational witnesses, including Missy Ann Giles (Director of Administration and chief operating officer for the state) and Don Harris (chief legal counsel, Department of Administration), told the committee the bill raises operational and legal concerns. Giles warned that a 5% cut "would be devastating" for many agencies and described the staffing burden of complying with many short timelines during session. Don Harris told members the idea of compelling directors to appear before committees is not unprecedented, but the interaction with appropriations and scheduling of hearings could be complex.
Committee discussion focused on whether a five‑day statutory response is feasible for complex requests, how the Appropriations Committee would prioritize and implement possible cuts, whether federal or restricted funds could be affected, and how to prevent retaliatory or excessive use. Nicholl said she planned amendments to tighten caps and clarify the process (she referenced a drafting stage cap of 20 requests per week that she would formalize).
Several members pressed for examples of specific agencies or types of information that prompted the bill; Nicholl said a few departments had been consistently difficult to get information from during prior sessions, but she emphasized the bill is intended for limited, session‑period use and not to replace everyday informal requests.
Sponsor closing: Nicholl said she will return with more precise amendments to guard against retaliation and clarify operational mechanics.
Next steps: The hearing closed; the sponsor indicated she will circulate amendments to address member concerns before further action.
