House passes measure shifting rulemaking oversight after failed amendment and extended debate

Representative Chesler (Nash) introduced HB 402, titled in debate as a bill to change aspects of regulatory review and the administrative procedure used by state agencies. Representative Pricey Harrison offered an amendment (House Amendment No. 1) to instead commission the Administrative Procedure Oversight Committee to study whether the Rules Review Commission should remain in place; the amendment was defeated in a roll-call vote, 50 in favor and 63 opposed.

Representative Harrison and other opponents argued the bill would weaken critical rulemaking protections and remove layers of oversight that protect public health, safety and welfare. Harrison warned the bill could impact "about 100,000 rules" on the books and said a provision that alters deference to agency expertise risks substituting administrative-law judges’ personal views for technical agency expertise.

Sponsor Representative Chester (Nash) and other proponents said the bill seeks legislative accountability for regulatory costs and that the current review system allows rules to persist without sufficient legislative oversight. Chester said the bill "spells out" processes to delay effective dates and to ensure significant economic impacts are reviewed by the legislature.

Floor debate included questions about implementation logistics, who would perform increased review, and whether the legislature has the capacity to take on additional rule-review tasks. After debate the House approved HB 402 on second and third readings and will transmit the bill to the Senate.

The House recorded votes on the amendment and then on the bill; members requested clarifications and some changed recorded votes before adjournment.