Time frame requirement for state agency regulations clears first round

A proposal that would require state agencies to promulgate rules and regulations within a specific time frame advanced from general file April 7.

LB617, introduced by Omaha Sen. Heath Mello, originally would have established a legislative committee to review agency rules and regulations promulgated pursuant to bills passed by the Legislature.

An Executive Board amendment, adopted 33-0, replaced the bill and instead would require that a public hearing be held on any rule or regulation to be adopted, amended or repealed pursuant to a bill within 12 months of the legislation’s effective date. The governor could extend the time frame for up to six months with good cause and the regulation process would have to be completed within one year of the hearing date.

An agency that did not complete the regulation process within one year would be required to submit a written explanation to the Executive Board and the legislative committee with subject matter jurisdiction over the issue. All agencies with pending rules and regulations would be required to submit yearly reports to the Legislature’s Performance Audit Committee, including the status of any appropriations provided to the agency to carry out the regulation process.

Mello said at least 40 states have similar provisions to ensure the executive branch’s prompt implementation of laws.

“We need to ensure that we have a good framework … to carry out our rules and regulations in a timely and transparent manner,” he said.

Scottsbluff Sen. John Harms supported the bill, saying the Legislature’s Performance Audit Committee has found cases where agencies have not completed the regulation process six or seven years after enacting legislation was passed.

“Right now there is no one monitoring these rules and regulations,” Harms said. “I don’t think this can be tolerated anymore.”

Omaha Sen. Gwen Howard also supported LB617, citing concerns over implementation of her priority bill that will require development of rules and regulations by the state Department of Health and Human Services. Howard said the department told her there currently is a backlog in the regulation process.

“I had the sinking feeling that it could be put on the back burner for years,” she said, “which is really a disservice to those who need that bill put in place.”

Senators advanced LB617 to select file on a 38-0 vote.