Administrative Conference of the United States Recommendations

by jdc

See Michael White’s post re: publication of ACUS’ recommendations at http://www.federalregister.gov/blog/2012/01/2273

Virtual ACR Winter Meeting

by KH

Today, ACR President John Martinez announced through an e-mail that ACR will be conducting its 2012 Winter meeting as a virtual meeting.  He said:

Due to low attendance numbers projected for the ACR Winter Meeting, it has been decided that we will not meet in DC but will hold a three-day conference online, similar to what we did last year.  We are looking at holding the meeting during January and are still finalizing the exact dates.

Additional information will be posted on http://rulemaking.wordpress.com/ as it becomes available.

ULC Issues Final Uniform Electronic Legal Materials Act

by KH

In an e-mail distributed October 10, 2011, the Uniform Law Commission (ULC) announced the availability of the final version of the Uniform Electronic Legal Materials Act (UELMA).  The final version of UELMA is available online at the Penn Law website at:  http://www.law.upenn.edu/bll/archives/ulc/apselm/UELMA_Final_2011.htm.  It has not yet been posted on the ULC website.

Following ULC’s approval of UELMA at its summer meeting, it was sent to the style committee for final review.   That process has now been completed.

The ULC e-mail describes the uniform act as follows:

The Uniform Electronic Legal Material Act establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book. The Act requires that official electronic legal material be: (1) authenticated, by providing a method to determine that it is unaltered; (2) preserved, either in electronic or print form; and (3) accessible, for use by the public on a permanent basis.

Questions about the Uniform Electronic Legal Materials Act should be directed to the Uniform Law Commission.

Virginia Decoded

by jdc

At the October 3rd Code Commission meeting, Waldo Jaquith introduced members to his beta website “Virginia DeCoded: The State Code for Humans.” His goal is to make state codes user friendly and easy for the public to find information. In June, Waldo received a $165,000 grant from the Knight Foundation to expand his code project nationwide. See articles on the Virginia Lawyers Weekly and Virginia Public Radio websites for more information.

NASS Administrative Rules Organization Honors Florida’s Division of Library and Information Services as 2011 Robert J. Colborn, Jr. Innovation Award Winner

by KH

Florida’s Division of Library and Information Services Recognized for Implementation of a Program to Hyperlink Materials Incorporated by Rules in the On-line Version of the Florida Administrative Code

The Administrative Codes and Registers (ACR) Section of the National Association of Secretaries of State (NASS), which recently held its annual meeting in Glade Springs Resort, WV, awarded Florida’s Department of State, Division of Library and Information Services with the 2011 Robert J. Colburn, Jr. Innovation Award.  The Division of Library and Information Services was selected for implementing a program to hyperlink materials incorporated by rules in the online version of the Florida Administrative Code.

The online version of the Florida Administrative Code contains highlighted text whenever incorporated materials are referenced.  Benefits of this new program include greater access of incorporated materials.  With a simple click of the mouse, citizens can obtain immediate access to the complete text of the incorporated material.  For state registrars and publishers, electronic and dated materials replace the voluminous materials that required organizing, archiving and disposing.  And more importantly, the rule is hyperlinked to the true legal version of the incorporated materials, eliminating confusion with multiple versions of the same material.

Administrative Codes and Registers (ACR), a section of the National Association of Secretaries of State (NASS), created the Robert J. Colborn, Jr. Innovation Award in July 2001 in honor of Robert J. Colborn, Jr., who served as the administrator of the Maryland Division of State Documents from 1974 through 2001 and founded ACR. The Robert J. Colborn, Jr. Innovation Award annually recognizes a program that demonstrates creativity and innovation in providing public access to or managing administrative rules. It honors the state agency that has made substantial contributions to the flow of information to the public by improving efficiency and delivery of services to citizens, businesses and other governmental entities.

“Florida has been a leader in E-government services since creating FLrules.org, an online rulemaking system in 2006,” said Florida Secretary of State Kurt Browning. “Our staff in Florida’s Division of Library and Information Services are among the most innovative and dedicated workers in the country, and I am proud of their latest accomplishment, providing the public with easy access to state government information.”

Elizabeth Palen (VA) presents the 2011 Colborn Award to Florida Secretary of State Kurt S. Browning for Florida's system for hyperlinked incorporated by reference materials

2011 ACR Robert J. Colborn Jr. Committee

• Chair: Molly Masich, Codifier of Rules, North Carolina Office of Administrative Hearings
• Member: Elizabeth Palen, Executive Director, Joint Commission on Administrative Rules, Richmond, VA
• Member: John H. Martinez, Director, Administrative Law Division, New Mexico State Records Center and Archives, Santa Fe, NM

Past Colborn Award Recipients

• 2010 — Administrative Law Division / New Mexico State Records Center and Archives
• 2009 — Virginia Division of Legislative Services / Virginia Code Commission
• 2008 — Arkansas Secretary of State
• 2007 — Colorado Secretary of State
• 2006 — Idaho Department of Health and Welfare
• 2004 — Missouri Secretary of State, Administrative Rules Division
• 2003 — Office of the Federal Register
• 2002 — Virginia Department of Planning and Budget, Virginia Regulatory Townhall

Florida Supreme Court Holds Governor’s Suspension of Rulemaking Exceeds Authority

by jdc

http://www.floridasupremecourt.org/decisions/2011/sc11-592.pdf

AG’s opinion: Regulating guns at Virginia public universities

by jdc

Virginia’s Attorney General recently issued an opinion that universities can prohibit the open carry of firearms inside university buildings by policy; however, must promulgate a regulation to apply such prohibition to concealed handgun permit holders.

Summary of opinion:

Under the present state of the law, the University of Virginia lawfully may promulgate a policy that prohibits persons from openly carrying a firearm in the buildings that are subject to the policy.  Further, with respect to persons who have a concealed carry permit, because the University adopted a policy rather than a regulation, it has not “otherwise prohibited by law” persons with a concealed carry permit from possessing a handgun, and, therefore, the policies may not be used to prohibit persons with such a permit from carrying a concealed firearm into the buildings covered by the policy.

http://oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2011opns/11-078-Hanger.pdf

ULC Approves the Uniform Electronic Legal Materials Act

by KH

On 7/18/2011, the Uniform Law Commission (ULC) distributed an e-mail indicating that the Uniform Electronic Legal Materials Act was “approved during the Vote by States of the 2011 ULC Annual Meeting. Please note that the text is still subject to revision by the Committee on Style, which is scheduled to meet in September.”

In a press release posted on its web site, ULC describes the new uniform law:

A new act approved [July 12, 2011] by a national law group establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book.  The Uniform Electronic Legal Material Act was approved today by the Uniform Law Commission (ULC) at its 120^th Annual Meeting in Vail, Colorado.

Increasingly, state governments are publishing laws, statutes, agency rules, and court rules and decisions online.  In some states, important state-level legal material is no longer published in books, but is only available online.  While electronic publication of legal material has facilitated public access to the material, it has also raised concerns.  Is the legal material official, authentic, government data that has not been altered?  For the long term, how will this electronic legal material be preserved?  How will the public access the material 10, 50, or 100 years from now?  The Uniform Electronic Legal Material Act provides a consistent approach to solving these problems.

The drafting committee’s web page is available at http://www.uniformlaws.org/Committee.aspx?title=Electronic%20Legal%20Material%20Act .  As of 7/18/2011, the approved uniform act has not been posted.

UPDATE:  7/19/2011 — The approved, pre-style final text is available online at http://www.uniformlaws.org/Shared/Docs/AM2011_Prestyle%20Finals/UELMA_PreStyleFinal_Jul11.pdf .

2011 ACR Summer Conference Agenda

by KH

The ACR Summer Conference will be held at the Resort at Glade Springs in Daniels, WV from July 10 through July 13, 2011.  A copy of the tentative agenda is available.

2011 Colborn Award — Nominations Now Being Accepted

by KH

The Administrative Codes and Registers’ Awards Committee is taking nominations for the 2011 Colborn Award.  This year, the committee consists of Molly Masich (NC; chair), Elizabeth Palen (VA) and John Martinez (NM).  The Colborn Award is presented annually by ACR to recognize a program that demonstrates innovation and creativity in providing public access to, or management of, administrative rules.

The nominations packet and form with complete instructions has been posted on the Colborn Award page available at:  http://www.administrativerules.org/index.php?option=com_content&view=article&id=93&Itemid=56 .

The deadline for submitting nominations is Friday, June 10, 2011.

Register for the NASS 2011 Summer Conference in Daniels, WV

by KH

Registration is now open for the NASS 2011 Summer Conference from July 10-13, 2011 in Daniels, West Virginia at the Resort at Glade Springs.  Click here for conference information and to register online!  To make room reservations call 877-540-3650 (Mon.- Sat.) and mention NASS.  The NASS room rate is $159 per night.  Deadline for the NASS early conference rate for registration and hotel reservations is Thursday, June 2, 2011.

Visit the registration website for summer conference details, including agenda, hotel information, family/spouse activities, exhibitor info and more! Check the website often for agenda updates.

When making transportation plans, we encourage you to either drive or fly to Yeager Airport (CRW) in Charleston, WV.  Yeager is serviced by most major airlines and has a non-stop service from Atlanta, Chicago, Houston, Detroit, Washington DC, New York and several other cities.  We will be offering limited shuttle service from Yeager Airport to Glade Springs and are negotiating a discounted car rental rate.

Legislative review may be up to voters

by danotx

A bill pending in Texas requires agencies to wait before adopting rules until the appropriate standing committee of each house reviews the rules. Under present law the legislature is limited to sending agencies a statement supporting or opposing adoption of a rule. The new legislative review authority, if adopted by the legislature, is contingent upon voters approving a constitutional amendment to provide for legislative review of rules.
H.J.R. 88

http://capitol.state.tx.us/tlodocs/82R/billtext/html/HJ00088I.htm

HB 1850

http://capitol.state.tx.us/tlodocs/82R/billtext/html/HB01850I.htm

Uniform Law Commission’s New Web Site

by KH

The Uniform Law Commission (a.k.a. National Conference of Commissioner on Uniform State Laws) has a new web site –  http://www.uniformlaws.org/.

Utah Governor Charges Cabinet to Review Regulations

by KH

On January 26, 2011, in his State of the State address, Utah Governor Gary R. Herbert said that “most important ways government can nurture a business-friendly environment” is to  “make regulation fair”.  Then, taking a measured approach, Governor Herbert  said:

I understand that the purpose of government regulation is to maintain a level playing field. As a small business owner, I have also experienced the cost and frustration of over-reaching and irrational regulation. In order to separate regulations that serve an important purpose, from those regulations that serve no purpose at all, I have asked each member of my Cabinet to review existing business regulations and determine which could be kept, which should be modified, and which will be eliminated.

Governor Herbert’s state of the state address is available at http://www.utah.gov/governor/news_media/article.html?article=4169.  As more information becomes available about the implementation of this Cabinet-level review of regulation, it will be posted here.

SB 1339 – relating to administrative rules

by scinaz

“Any agency final rule that has an impact on the private sector in this state is repealed from and after December 31, 2012″
See bill: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/sb1339p.htm
(Posted Jan. 28, 2011)

SB 1339 (Administrative rules; repeal; legislative action) – SB 1339 Failed in the Senate third read March 14, 2011, with a 11-17-2 vote.
(Updated March 15, 2011)

Executive Order 13563 Published in January 21, 2011, Federal Register

by KH

On January 18, we reported that President Obama had issued an executive order “Improving Regulation and Regulatory Review”.  Executive order 13563 was published in the January 21, 2011, edition of the Federal Register (76 FR 3821-3823).

Ohio Governor Establishes the Common Sense Initiative

by KH

On January 10, 2011, Ohio Governor John Kasich signed Executive Order 2011-01K, “Establishing the Common Sense Initiative.”  This order creates “a process for independently evaluating the economic impact of agency rules and regulations on small businesses in Ohio.”

It does not appear that the office of Governor Kasich issued a press release related to the order.  The full text of the executive order is available online at http://business.ohio.gov/docs/ExecutiveOrder2011-01K.pdf.

Maine Governor Issues Order to Improve Review of Rulemaking

by KH

On January 10, 2011, Maine Governor Paul LePage issued Executive Order 09 FY 11/12, entitled “An Order to Improve Review of Rulemaking Process.”   The order establishes gubernatorial review of certain rules.  The full text of the executive order is available online at http://www.maine.gov/tools/whatsnew/index.php?topic=Gov_Executive_Orders&id=182022&v=article2011.

Nevada Governor Establishes a Freeze on Proposed Regulations

by KH

On January 3, 2011, Governor Brian Sandoval signed Executive Order 2011-01, entitled “Establishing a Freeze on  Proposed Regulations.”  A press release related to the order clarified the governor’s position.

“I’ve been clear that my number one priority is economic development and freezing archaic and ineffective regulations until the end of this year will help promote business,” Governor Sandoval said. “As I said in my inaugural address today, our generation must commit to bringing Nevada’s economy, workforce and schools safely into this new reality in which we find ourselves.”

The press release further states:

The first executive order, focusing on economic development, establishes a freeze on all proposed administrative regulations until January 1, 2012, with certain exceptions for regulations that affect public health, public safety and security, and regulations that are necessary in the pursuit of federal funds and certifications. The freeze applies only to those agencies, boards and commissions which fall within the governor’s purview. Sandoval said the freeze will help stabilize Nevada’s business climate and make it easier for firms to expand and create jobs.

The full text of the executive order is available at http://ndep.nv.gov/docs_10/exec-order-2011-01.pdf.

Kansas Governor Establishes Office of the Repealer

by KH

On January 21, 2011, Kansas Governor Sam Brownback signed Executive Order 11-01 to establish the Office of the Repealer in the Kansas Department of Administration.

In a press release related to the order, the Governor’s Office explains the order:

“My number one priority is to get our state’s economy growing again.  With the help of Kansans, the Office of the Repealer will work to identify laws and regulations that are out of date, unreasonable, and burdensome.  Laws and regulations shouldn’t hinder opportunities for Kansans and Kansas businesses,” Gov. Brownback said.

KDA Secretary Dennis Taylor will serve as the Repealer.  The executive order sets out the office’s duties:

-  Investigate the system of governance of the State of Kansas including its laws and regulations to determine instances in which those laws and regulations are unreasonable, unduly burdensome, duplicative, or contradictory.

-  Establish a system for receiving public recommendations suggesting various laws and regulations to be considered for possible repeal. This system will include an online portal for receipt of public comments.

-  Make recommendations for either outright repeal or for modification to be delivered to the originating body of such law or regulation. The recommendation will provide specific details with justification for the requested repeal or modification.

-  Implement a tracking system to follow the action taken by the originating body on any recommendation made by the Office of the Repealer in order to prepare regular reports to the Governor regarding the progress of repeal or modification.

Brownback said the Office of the Repealer will also have the authority to determine and implement such internal policies, standards, and procedures as may be necessary for the orderly and efficient carrying out of its mission.

The order becomes effective upon its filling with the Secretary of State’s office.

The full text of the executive order is available online at https://governor.ks.gov/frontpagenews/2011/01/21/1-21-11-executive-order-11-01.

Florida Governor Suspends Rulemaking and Establishes Office of Fiscal Accountability and Regulatory Reform

by KH

On January 4, 2011, Florida Governor Rick Scott issued Executive Order Number 11-01 “Suspending Rulemaking and Establishing the Office of Fiscal Accountability and Regulatory Reform.”  According to a posting on the Governor’s web site, this action is intended to “freeze job-killing regulations”.  The posting further describes Executive Order Number 11-01 as follows:

Executive Order No. 11-01 freezes all new regulations and establishes the Office of Fiscal Accountability and Regulatory Reform, which will review all rules prior to promulgation as well as agency practices and contracts.

• Immediately suspends rulemaking for all agencies under the direction of the Governor.
• Establishes the Office of Fiscal Accountability and Regulatory Reform to review all rules (including those suspended by the Order) prior to promulgation and to review agency practices and contracts.
• Imposes 90-day suspension on execution of any contracts with a value in excess of $1 million, without prior approval from the Office.
• Prohibits agencies from promulgating rules unless they obtain prior approval from the Office.

The full text of the executive order is available at http://www.flgov.com/wp-content/uploads/2011/01/scott.eo_.one_.pdf.

New Mexico Governor Suspends Proposed and Pending Rules and Regulation

by KH

On January 1, 2011, New Mexico Governor Susana Martinez issued
Executive Order 2011-001 entitled, “Formation of a Small Business-Friendly Task Force; Establishing a 90-Day Review Period for all Proposed and Pending Rules and Regulations.”

This order suspends proposed and pending rules and regulations for a period of 90 days with some rules excepted.  It also creates a task force comprised of cabinet secretaries from Taxation and Revenue, Workforce Solutions, and General Services.  The task force is to make specific legislative and regulatory recommendations to achieve economic growth and stability within 90 days from the effective date of the order.

The press release that accompanied the executive order describes the action as follows:

Today, Governor Susana Martinez signed her first executive order, which establishes a small business task force to identify red-tape regulations that are harmful to business growth and job creation in New Mexico and report its findings to the Governor. The task force, chaired by Secretary-designate of Economic Development, Jon Barela, will conduct its review over a 90-day period, during which all proposed and pending regulations will be frozen.

The full text of the Executive Order is available online at http://www.governor.state.nm.us/uploads/FileLinks/1e77a5621a1544e28318ba93fcd47d49/EO-2011-001.pdf.

President’s Executive Order Improving Regulation and Regulatory Review

by KH

NPR reported today that President Barack Obama has issued an executive order improving regulation and regulatory review.  In the “It’s All Politics” blog post entitled “Obama Orders Regulation Review to Boost Business, Economy“, NPR states:

The president outlined why he signed the executive order in an op-ed piece in the Wall Street Journal Tuesday.

This order requires that federal agencies ensure that regulations protect our safety, health and environment while promoting economic growth. And it orders a government-wide review of the rules already on the books to remove outdated regulations that stifle job creation and make our economy less competitive. It’s a review that will help bring order to regulations that have become a patchwork of overlapping rules, the result of tinkering by administrations and legislators of both parties and the influence of special interests in Washington over decades.

In the second story, “Obama Reaches Out To Businesses With Rules Review“, Ari Shapiro provides more context and reaction.

The text of the executive order has not yet been published in the Federal Register.  The text is available in a press release on the White House web site.

The President’s op-ed piece in the Wall Street Journal is available online.

UPDATE:  1/19/2011.  The Federal Register’s Facebook page has been updated with a post that points to gov20govfresh.com and provides the number for the President’s executive order:

This article [http://gov20.govfresh.com/white-house-regulations-shall-be-adopted-through-a-process-that-involves-public-participation/] lays out the goals of the President’s Executive Order on regulatory review (E.O. 13563) and relates it to his op-ed in the Wall Street Journal on building a 21st century regulatory system. The article stresses that enhanced public participation is one of the key deliverables of the reg review process.

2011 ACR Winter Meeting Will Be Held On-line

by jhmartinez

The Administrative Codes and Registers Section will hold an on-line meeting in February instead of traveling to Washington, D.C. for the 2011 Winter Meeting. Because of the extreme economic circumstances facing most of the states, only a small number of ACR members could attend the planned face-to-face meeting. To remedy the small attendance numbers, ACR has arranged to use a “virtual classroom” for the on-line meeting, which will be held on February 10 and 11, 2011.

The registration form for the meeting is now available on the ACR website.

More information about the meeting and the “virtual classroom” will be available on the 2011 Winter Meeting page during January.

E-Rulemaking Act of 2010 (S. 3961)

by KH

RegBlog (Penn Law) reports that Senators Joseph Lieberman (ID-CT), and Susan Collins (R-ME) have in introduced the E-Rulemaking Act of 2010 (S. 3961).   As outlined in Section 2 of the bill, its purposes are:

(1) establish a framework for governing, managing and funding the next stage of the e-rulemaking program;

(2) enhance the capabilities of the Federal Docket Management System so that it can serve as effective core e-rulemaking support, while allowing the system to grow through innovation to provide for the development of new functions, tools and services, by both agencies and interested entities outside of Government;

(3) promote processes for discovering and disseminating good e-rulemaking practices and identifying and overcoming barriers to the evolution of e-rulemaking; and

(4) encourage all Federal entities that participate in the e-rulemaking process to work towards an accessible and interoperable docket management system.

The bill text is available from Thomas.

• (1) establish a framework for governing, managing and funding the next stage of the e-rulemaking program;

• (2) enhance the capabilities of the Federal Docket Management System so that it can serve as effective core e-rulemaking support, while allowing the system to grow through innovation to provide for the development of new functions, tools and services, by both agencies and interested entities outside of Government;

• (3) promote processes for discovering and disseminating good e-rulemaking practices and identifying and overcoming barriers to the evolution of e-rulemaking; and

• (4) encourage all Federal entities that participate in the e-rulemaking process to work towards an accessible and interoperable docket management system.