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Committee adopts substitute clarifying State Board rulemaking authority
Summary
The committee adopted the first substitute to HB129 to clarify that the State Board of Education's rulemaking authority is delegated by statute and not inherent; the substitute was adopted and the bill was favorably recommended but a motion to place it on the consent calendar failed.
A sponsor explained that current statute is unclear about the extent of the State Board of Education’s rulemaking authority and sometimes allows the board to take on what the sponsor described as legislative roles. The first substitute to HB129 was presented to clarify that the State Board may make rules only when required by statute or when necessary to implement statutory requirements, emphasizing that rulemaking is a delegated legislative authority rather than inherent to the board.
Representative Hayes moved to adopt the first substitute and to favorably recommend the bill as substituted. The committee approved the substitute and voted to favorably recommend HB129 as substituted. Representative Hayes moved to place HB129 on the consent calendar; that motion failed after one member opposed, so the bill will not be placed on consent.
Sponsor testimony emphasized separation of powers and the need for statutory clarity; no formal public testimony was recorded on this item during the committee segment.
