SB19-062
Limit Agency Rule-making Authority To Amend Rules
Concerning a requirement that an executive agency obtain an additional statutory grant of rule-making authority to change the substantive impact of an existing agency rule unless circumstances that undermine the legality of the existing agency rule are present.
Session:
2019 Regular Session
Subject:
Bill Summary
State Government
The bill requires an executive agency with rule-making authority to obtain additional statutory rule-making authority to amend or reinterpret an existing rule unless the rule is amended or reinterpreted based on:
- The rule's expiration or pending expiration as a result of its inclusion in the annual rule review bill; or
- A determination that the existing rule has been rendered unconstitutional or otherwise in contravention of the law based on a court decision or changes made to state or federal statutes, federal regulations, or the state or federal constitution.
Any rule that an agency promulgates or reinterprets without complying with the requirement to obtain additional statutory rule-making authority is void.
(Note: This summary applies to this bill as introduced.)