Committee flags ambiguity over 'enactment' date and when comment periods begin
Members discussed whether 'enactment' should mean the statute's effective date (commonly July 1) or the date the governor signs a bill, and debated whether comment periods should begin the day of publication or the day after; the committee agreed clarity in the APA would benefit agencies and the public.
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A committee member suggested adding a statutory definition of "enactment" because ambiguity has caused agencies to interpret timeframes differently for emergency regulations tied to statutory effective dates. One participant said constitutionally it is defensible to treat the statute's effective date (often July 1) as the start of any agency clocks; others observed agencies sometimes must start preparing regulations earlier so rules are ready when a statute takes effect.
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