Co-Sponsorship Memo Details

In the near future, I plan on re-introducing prior HB 2355 that would amend the Regulatory Review Act to provide committees with greater oversight during the regulatory review process. Specifically, my legislation would require standing committees to review all proposed regulations and prohibit an agency from promulgating a proposed regulation if a committee disapproves a regulation.

Currently, committees do have the ability to review proposed regulations and offer comments during the regulatory review process. However, an agency can choose to move forward with a proposed regulation despite a committee’s disapproval of a proposed regulation. While historically agencies do try to address the concerns of a committee, the only option for a committee to prevent a proposed regulation from being promulgated is to report a concurrent resolution, which must be adopted by the General Assembly by majority vote and signed by the Governor.

Under my legislation, an agency has two options if either the House or the Senate committee disapproves of a regulation. The agency can either withdraw the regulation or the agency can revise the proposed regulation and resubmit the proposed regulation to both the Independent Regulatory Review Commission and the appropriate standing committees for approval. If a committee disapproves of a resubmitted proposed regulation, the agency is prohibited from promulgating the proposed regulation and must withdraw the proposed regulation or revise and resubmit the proposed regulation again. My legislation would permit proposed regulations to be promulgated only if both of the standing committees approve the regulation.

I believe this legislation is necessary to ensure that agencies remain within the confines of the General Assembly’s legislative intent when promulgating regulations.