The bill amends the Administrative Procedures Act of 1969 by updating sections 32 and 45 to enhance the rule-making process for state agencies. Key changes include the stipulation that rules must not discriminate against any person and that violations of rules can only be classified as crimes if explicitly stated by statute. Additionally, the bill introduces a requirement for agencies to provide a clear justification when adopting rules that are more stringent than federal standards, ensuring that such decisions are backed by a "clear and convincing need." It also clarifies that guidelines and operational memoranda are advisory and cannot be used to enforce agency decisions subject to judicial review.
Furthermore, the bill mandates that agencies electronically submit proposed rules for certification and prepare comprehensive reports that include public comments and regulatory impact statements before formal adoption. The regulatory impact statements must now contain detailed analyses of the proposed rules' effects on small businesses and the public, including cost estimates and potential benefits. The amendments aim to improve transparency and accountability in the rule-making process while ensuring that the interests of small businesses are considered.
Statutes affected: House Introduced Bill: 24.232, 24.245