View Amendment Current Amendment: 5 to Bill 3021

Rep. HARRIS proposes the following amendment (LC-3021.HA0004H):

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

 (F) When an agency proposes a regulation for promulgation, the agency also shall identify and propose the removal of two existing regulations for each regulation the agency proposes to add. The repeal must involve a substantive reduction in regulatory requirements and may not be achieved merely through the consolidation or reorganization of existing regulatory provisions. The agency shall certify in its notice of proposed regulation that the identified repeals result in a net reduction of regulatory burden.
 (G) Agencies are prohibited from reissuing, renumbering, or consolidating regulatory provisions in a manner that does not achieve a substantive reduction in regulatory burdens. Any modification of existing regulations must demonstrate an actual decrease in regulatory obligations rather than a mere restructuring of provisions. The burden of proof shall rest with the agency to show that a proposed regulatory change results in a net reduction of regulatory restrictions.
(G) (H) Any person aggrieved by a regulation may challenge the validity of the regulation on the grounds that the agency lacked express statutory authority to promulgate the regulation. The challenge may be brought in a court of competent jurisdiction, and the court has the power to declare the regulation invalid if it finds that the agency lacked express statutory authority to be promulgated.

Renumber sections to conform.

Amend title to conform.