Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 704 of the Regular Session
 1   State of Arkansas
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             SENATE BILL 288
 4
 5   By: Senator D. Wallace
 6   By: Representative Dotson
 7
 8                                     For An Act To Be Entitled
 9                   AN ACT TO ALLOW A LIMITED EXEMPTION FOR RULE
10                   PROMULGATION FOR ENTITIES NOT SUBJECT TO THE ARKANSAS
11                   ADMINISTRATIVE PROCEDURE ACT; TO ALLOW AN ALTERNATIVE
12                   PROCESS FOR FILING A RULE; AND FOR OTHER PURPOSES.
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15                                                 Subtitle
16                           TO ALLOW A LIMITED EXEMPTION FOR RULE
17                           PROMULGATION FOR ENTITIES NOT SUBJECT TO
18                           THE ARKANSAS ADMINISTRATIVE PROCEDURE
19                           ACT; AND TO ALLOW AN ALTERNATIVE PROCESS
20                           FOR FILING A RULE.
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23   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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25          SECTION 1. DO NOT CODIFY. Legislative findings and intent.
26          (a)    Acts 2019, No. 315, requires the consistent reference and use of
27   the term rule and the elimination of unnecessary references to the term
28   regulation.
29          (b)    Acts 2019, No. 315, states that no governmental entity shall be
30   required to re-promulgate existing regulations as rules solely to comply with
31   this act.
32          (c)    The Transformation and Efficiencies Act of 2019, Acts 2019, No.
33   910, requires that agencies change terminology in rules to reflect the
34   integrating and restructuring of agencies and departments as enacted therein.
35          (d)(1)       Acts 2019, No. 893, allowed an alternative process for filing a
36   rule and a limited exemption for agencies required to follow the procedure
     *MLD147*                                                                 02/04/2021 8:41:18 AM MLD147
                                                                                  SB288
 1   under the Arkansas Administrative Procedure Act,  25-15-201, et seq, for the
 2   promulgation of a new or amended rule.
 3                (2)   Acts 2019, No. 893, did not apply to agencies that are not
 4   required to follow the Arkansas Administrative Procedure Act,  25-15-201, et
 5   seq.
 6          (e)   To facilitate and ensure the use of the term rule by an agency
 7   not required to follow the Arkansas Administrative Procedure Act,  25-15-
 8   201, et seq, when no update or change to the existing rules is expected or
 9   anticipated, and to facilitate the update and change of terminology to
10   reflect the changes enacted by Act 910 of 2019, the General Assembly finds
11   that certain procedures required for approval of rules may be waived.
12          (f)   A government agency that is not required to follow the
13   Administrative Procedures Act is not required to follow the procedure set
14   forth in Ark. Code Ann.  25-15-204 or the government agency's internal rules
15   regarding the promulgation of a new or amended rule if:
16                (1)   The change being made to the promulgated rule or regulation
17   by the agency is:
18                       (A)   The replacement of the term regulation with the term
19   rule; or
20                       (B)   To reflect the changes regarding the integration and
21   restructuring of administrative agencies and departments in Acts 2019, No.
22   910;
23                (2)   The agency files the updated rule with the Secretary of
24   State on or before January 1, 2022; and
25                (3)   A letter is provided to the Legislative Council by the
26   agency stating the following:
27                       (A)   A rule has been filed with the office of the Secretary
28   of State;
29                       (B)   The name of the rule;
30                       (C)   A brief description of the rule; and
31                       (D)   An affirmative statement that the only change to the
32   rule is:
33                              (i)    A change from the use of the term regulation
34   to the term rule; or
35                              (ii)   A change in terminology to reflect the
36   integration and restructuring of administrative agencies and departments.
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                                                                              SB288
 1        (g)   An agency that is not required to follow the Arkansas
 2   Administrative Procedure Act,  25-15-201, et seq, may continue to follow the
 3   procedure set forth in  25-15-204 or the government agency's internal rules
 4   regarding the adoption of a rule that changes the term regulation to rule
 5   or changes terminology to reflect the integration and restructuring of
 6   administrative agencies and departments as required by Acts 2019, No. 910.
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 9                                 APPROVED: 4/13/21
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