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Committee adopts amendment but pulls agency rulemaking bill for review amid conflict concerns
Summary
Members adopted an amendment to require agency directors (or designees) to appear for rulemaking delays and set default timeframes for promulgating rules, but the committee agreed to pull the underlying bill for further review due to potential conflict with a larger transformation bill.
The committee considered House Bill 1431 and first adopted an amendment adding 'designee' language to allow agency directors to send a designee to appear at rules-and-regulations meetings. Members then heard the bill's core provisions: default timeframes for agencies to promulgate rules after a regular or special session and a monthly reporting requirement for directors or designees who miss those deadlines.
A presenter summarized the bill: it sets January 1 following a regular session (or 180 days after a special session) as a default deadline for agencies to adopt rules required by statute, and it requires regular reporting if agencies fail to do so. The bill also contains language intended to limit agencies from using rulemaking to exceed statutory authority.
Multiple members raised a procedural concern: the bill may conflict with provisions in a larger 'transformation' bill the Legislature is also considering, especially around which entities (for example, the Public Service Commission or pollution-control boards) are defined as 'agencies' and whether the bills create overlapping mandates. The chair asked to pull the bill down to allow staff and members to reconcile potential conflicts; the sponsor agreed to do so and the bill will return after further review.
