View Amendment Current Amendment: 1 to Bill 3021

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-3021.WAB0001H):

Amend the bill, as and if amended, SECTION 3, by striking Section 1-23-110(E) and inserting:

 (E) An agency may not promulgate any regulation unless the agency has been expressly granted the power to do so by a statutory delegation. The regulation must be within the scope of authority specifically granted by the statute, and the agency must cite the specific statutory provision authorizing the regulation. If a statute authorizes promulgation of a regulation, that authority expires three years after the regulation is promulgated and takes effectaccording to the following schedule:
 (1) All statutory delegations currently in effect on July 1, 2026 shall expire on July 1, 2037, except that the authority does not expire for:
 (a) regulations promulgated originally as emergency regulations filed pursuant to Section 1-23-130, or regulations which would qualify as such but are filed using the ordinary regulation process;
 (b) regulations required to conform with enacted state or federal legislation;
 (c) regulations required to comply with federal law or regulation changes; or
 (d) regulations required to maintain or become eligible for federal grants or appropriations.
 (2) All delegations created after June 30, 2026 shall expire three years after the statute's effective date, except that the authority does not expire for:
 (a) regulations promulgated originally as emergency regulations filed pursuant to Section 1-23-130, or regulations which would qualify as such but are filed using the ordinary regulation process;
 (b) regulations required to conform with enacted state or federal legislation;
 (c) regulations required to comply with federal law or regulation changes; or
 (d) regulations required to maintain or become eligible for federal grants or appropriations.
 (3) To the extent this section is more permissive than Section 1-23-120(A)(2), this section takes precedence. After that time, existing regulations may still be updated, in accordance with the Administrative Procedures Act, to conform with enacted legislation or federal law or regulation changes; however, new regulations may not be promulgated pursuant to that statute.

Amend the bill further, SECTION 5, by striking Section 1-23-120(J)(1) and inserting:

 (1) All administrative regulations expire on January first of the eighthseventh calendar year after their effective date unless readopted pursuant to this section, except as detailed in item (6).

Renumber sections to conform.

Amend title to conform.