Timely adoption of rules approved

Lawmakers passed a bill May 21 that ensures that state agencies adopt new rules and regulations in a timely manner.

Currently, 12 months after a new rule or regulation is passed by the Legislature, the relevant state agency must hold a public hearing. The agency then must adopt and promulgate the rule or regulation within one year of the public hearing date.

A 2011 law requires agencies that do not meet the one year implementation deadline to electronically submit an explanation to the Executive Board and relevant standing committee with subject matter jurisdiction.

Each agency also must provide a report to the Legislative Performance Audit Committee each July 1 outlining any pending rules and regulations that have not been adopted and promulgated.

Under LB242, introduced by Omaha Sen. Sara Howard, if an agency has not adopted and promulgated a rule or regulation within three years of the operative date, the standing committee with subject matter jurisdiction shall hold a public hearing. It also ensures that no state agency could enforce a rule or regulation without a public hearing and final approval of either the governor or secretary of state.

The requirements in LB242 apply to legislation enacted before, on or after the effective date of the bill.

The bill passed on a 48-0 vote.