Time frame requirement for state agency regulations amended, advanced

A proposal that would require state agencies to promulgate rules and regulations within a specific time frame advanced from select file May 11.

LB617, introduced by Omaha Sen. Heath Mello, would require that a public hearing be held on any rule or regulation to be adopted, amended or repealed pursuant to a bill within 12 months of the legislation’s effective date.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.

Norfolk Sen. Mike Flood offered an amendment that would:

• clarify that the one year time frame does not include the time necessary to submit rules and regulations to the attorney general or governor;
• specify that the bill’s provisions do not apply to rules and regulations adopted prior to its passage;
• use the latter operative date of a bill with more than one as the starting point for the 12 month period; and
• clarify that only bills requiring adoption of rules and regulations are subject to the provisions of LB617.

Scottsbluff Sen. John Harms supported the amendment, saying that greater specificity would improve the bill.

Following passage of Flood’s amendment on a 37-0 vote, senators advanced LB617 to final reading by voice vote.