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Legislative Year: 2022 Change
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Bill Detail: HB22-1128

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Title Prior Review Of Agency Rules That Burden Industry
Status House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely (02/07/2022)
Bill Subjects
  • Business & Economic Development
  • Natural Resources & Environment
  • Professions & Occupations
House Sponsors A. Pico (R)
Senate Sponsors
House Committee State, Civic, Military and Veterans Affairs
Senate Committee
Date Introduced 01/21/2022
Summary

Under current law, executive agency rules take effect 20 days after
the agency adopts the rule, or on a later date if specified in the rule. After
adoption, the office of legislative legal services (OLLS) at the direction
of the general assembly's committee on legal services (committee)
reviews agency rules on an annual cycle, commencing with agency rules

adopted on or after November 1 of one year through October 31 of the
following year, and recommends the expiration of certain rules to the
committee based a determination that the rules do not comply with
statute. The committee votes on whether to recommend the nonextension
of those rules to the general assembly, as reflected in the annual rule
review bill. Rules that are not extended by the general assembly in the
annual rule review bill expire on May 15 of the year following the year
in which they were enacted.
The bill requires the governor or the governor's designee to review
each proposed rule for compliance with the agency's statutory authority
and other criteria set forth in statute, and prohibits an agency from
adopting such proposed rule unless and until the governor or governor's
designee determines its compliance.
The bill creates a new prior review process for review of rules
adopted by an agency on and after November 1, 2022, that significantly
increase the regulatory burden on businesses, professions, occupations,
and industries, including the oil and gas, aerospace, energy efficiency and
environmental technology, transportation, and agriculture industries
(economic impact rules). As part of the rule-making process, the agency
determines whether the rule is an economic impact rule at the conclusion
of the rule-making process. The agency must send the list of economic
impact rules to the general assembly, the OLLS, and the secretary of state.
A rule that an agency determines to be an economic impact rule cannot
take effect until completion of the prior review process established in the
bill.
Each economic impact rule is assigned to a single legislative prior
review committee consisting of the members of either the house of
representatives' or senate's committee of reference that hears matters
relating to the subject of the economic impact rule or that considered the
legislation authorizing the economic impact rule. Within 21 days after the
commencement of the regular legislative session, the prior review
committee may select economic impact rules for review under the prior
review process established in the bill. Economic impact rules that are not
selected for prior review take effect on the twenty-second day after the
commencement of the legislative session.
With respect to economic impact rules selected by a prior review
committee for prior review, the prior review committee may take the
following actions:
  • By majority vote, make the rule effective immediately or on
another date;
  • By majority vote, determine that the rule exceeds the
agency's rule-making authority or fails to meet other
requirements for rule-making set forth in statute; or
  • Take no action.
If the committee takes no action on a selected economic impact rule
within 64 days after the commencement of the applicable regular
legislative session, the selected rule is deemed effective on the sixty-fifth
day after the commencement of the legislative session.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/17/2022) (most recent)  
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