Category Archives: State Rulemaking

AG’s opinion: Regulating guns at Virginia public universities

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

Comments Off on AG’s opinion: Regulating guns at Virginia public universities

Filed under Administrative Law, State Rulemaking

Utah Governor Charges Cabinet to Review Regulations

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.

Comments Off on Utah Governor Charges Cabinet to Review Regulations

Filed under Executive Oversight, State Rulemaking

SB 1339 – relating to administrative rules

“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)

Comments Off on SB 1339 – relating to administrative rules

Filed under Rules Review, State Rulemaking

Ohio Governor Establishes the Common Sense Initiative

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.

Comments Off on Ohio Governor Establishes the Common Sense Initiative

Filed under Executive Oversight, State Rulemaking

Maine Governor Issues Order to Improve Review of Rulemaking

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.

Comments Off on Maine Governor Issues Order to Improve Review of Rulemaking

Filed under Executive Oversight, State Rulemaking

Nevada Governor Establishes a Freeze on Proposed Regulations

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.

Comments Off on Nevada Governor Establishes a Freeze on Proposed Regulations

Filed under Executive Oversight, State Rulemaking

Kansas Governor Establishes Office of the Repealer

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.

Comments Off on Kansas Governor Establishes Office of the Repealer

Filed under Executive Oversight, State Rulemaking

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

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.

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

Filed under Executive Oversight, State Rulemaking

New Mexico Governor Suspends Proposed and Pending Rules and Regulation

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.

Comments Off on New Mexico Governor Suspends Proposed and Pending Rules and Regulation

Filed under Executive Oversight, State Rulemaking

Regulatory Review Report Card and Recommendations

The Institute for Policy Integrity at the New York University School of Law has released a 459-page report entitled 52 Experiments with Regulatory Review:  The Political and Economic Inputs into State Rulemakings.  The report, authored by Jason A Schwartz, recognizes the impact of government regulation on the economy and argues that “systems of economic analysis and regulatory review are needed so that the costs and benefits of action are properly weighted.”

In describing the report, the web site at the Institute for Policy Integrity says,

Nearly twenty percent of the American economy is regulated by state governments.  But there are major concerns about how regulatory decisions are made.  Although states routinely regulate industries whose economic footprints climb into the hundreds of millions of dollars, these rules are often made ad hoc, risking inefficient results that limit public benefit.

After more than a year of research, surveys, and analysis, Policy Integrity is the first to compile the regulatory practices of all fifty states (plus D.C. and Puerto Rico) in one document.  Comparing each set of laws and guidelines on paper to direct feedback from leaders on the ground, the report assigns states a grade based on an evaluation of the quality of their review process.   The results of “52 Experiments with Regulatory Review,” which finds significant flaws with state level regulatory review, indicate that billions of dollars and important environmental and public health protections are at risk.  States earned an average grade of “D+” with the lowest possible grade being a “D-.”

The full report is available from the Institute for Policy Integrity at http://policyintegrity.org/publications/detail/52-experiments-with-regulatory-review/.

Comments Off on Regulatory Review Report Card and Recommendations

Filed under Administrative Law, Executive Oversight, Fiscal Impact, Legislative Oversight, Rules Review, State Rulemaking

Washington Governor Suspends Non-Critical Rulemaking

Gallagher Blogs reports that “Governor Chris Gregoire issued an executive order (Exec. Order 10-06) suspending and limiting the state rulemaking process through the end of 2011.”  The Washington Governor’s Office has posted the executive order online at http://www.governor.wa.gov/news/Executive_Order_10-06.pdf.

Comments Off on Washington Governor Suspends Non-Critical Rulemaking

Filed under State Rulemaking

MSAPA Update

The Model State Administrative Procedure Act (MSAPA) drafting committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) met October 16-18, 2009, in Chicago.  The committee was able to cover its agenda. which focused on Articles 4 (Adjudications), 5 (Judicial Review), and 6 (Administrative Law Judge Central Panel).  Information relied upon for the October 2009 meeting, including a redlined draft, is available on the NCCUSL MSAPA Committee web site.

The committee is scheduled to hold a conference call in January 2010.  The agenda will include a review of comments made during the 2009 summer conference reading.

The committee is also scheduled to meet in February 2010.

Comments Off on MSAPA Update

Filed under Administrative Law, Model Act, State Rulemaking

Extension Granted to MSAPA Drafting Committee

Uniform Law Commission (ULC) leadership has granted the Model State Administrative Procedure Act (MSAPA) drafting committee an extension.  The MSAPA was to have been completed and up for final approval at this summer’s ULC conference in Santa Fe, New Mexico, July 9 – 16, 2009.

In an e-mail announcing the decision, John Sebert, ULC Executive Director, said:

This July [2009] the Committee will read the rulemaking provisions – Articles 2, 3, 7 and the relevant definitions in Article 1 – and after them as many of the judicial review provisions of Articles 4, 4A, 5 and 6 (and the related definitions in Article 1) as time permits. Consideration in July 2010 will be focused almost exclusively on the judicial review provisions. MSAPA will have its final consideration, and a vote by the states, in July 2010.

A copy of the current draft and related information is available online at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234.

Comments Off on Extension Granted to MSAPA Drafting Committee

Filed under Administrative Law, Model Act, State Rulemaking

MSAPA Drafting Committee Meets March 27-29, 2009

The Uniform Law Commission (ULC) has scheduled the final Model State Administrative Procedure Act (MSAPA) drafting committee meeting for March 27-29, 2009, in Chicago, IL.  The Committee is scheduled to discuss rulemaking and rules review issues at the meeting.  John Martinez, New Mexico Administrative Law Division Director, will represent Administrative Codes and Registers at the meeting.

Comments Off on MSAPA Drafting Committee Meets March 27-29, 2009

Filed under Administrative Law, Model Act, State Rulemaking

Beyond Rules Review

Senator Howard Stephenson, co-chair of Utah’s legislative Administrative Rules Review Committee, is sponsoring a bill to enlarge the role of the committee in new ways.  S.B. 64, entitled “Administrative Rules Review Committee,” expands the authority of the committee to include the review of “any appropriation made by the Legislature … to ensure that the entity to which the funds were appropriated complies with any expressed legislative intent concerning the appropriation.”  Under the provisions of the bill, the Committee reports its findings of noncompliance to the Legislature’s Executive Appropriations Committee.  The bill does not authorize any other direct action by the Administrative Rules Review Committee.

Utah created its Administrative Rules Review Committee in 1983.   The ten-member legislative committee currently has authority to review proposed and effective administrative rules and to prepare omnibus legislation to reauthorize administrative rules every year (see H.B. 197 for this year’s reauthorization bill).  More information about Utah’s Administrative Rules Review Committee is available at http://www.rules.utah.gov/arrc.htm.

UPDATE — 3/12/2009 — S.B. 64 encountered opposition in the House due to concerns that the additional authority to review appropriations (expenditures) would diminish the Administrative Rules Review Committee’s focus on administrative rules.   Rep. Ben Ferry, House Chair of the Administrative Rules Review Committee, sponsored H.J.R. 23, amending joint legislative rules, giving the authority to review appropriations directly to the Legislature’s Executive Appropriations Committee.

Comments Off on Beyond Rules Review

Filed under Legislative Oversight, Rules Review, State Rulemaking

Proposed Legislative Veto of Virginia Administrative Rules

The Virginia House of Delegates passed a constitutional amendment (first resolution) that provides that the General Assembly may suspend or nullify any or all portions of any administrative rule or regulation by joint resolution agreed to by a majority of the members elected to each house. View the progress of  House Joint Resolution 731.

1 Comment

Filed under Administrative Law, Legislative Oversight, State Rulemaking

Freeze on new rules to help AZ businesses

Our office is watching House Bill 2240 currently in the Legislature which would limit new rulemaking in the State of Arizona.

The text of the bill is as follows:

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 41, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 41-1021.03, to read:

41-1021.03.  Moratorium on rule making relating to increased monetary or regulatory costs; exceptions

A.  Notwithstanding any other law, an agency shall not conduct any rule making that would impose increased monetary or regulatory costs on other state agencies, political subdivisions of this state, persons or individuals.

B.  Subsection A does not apply to rule making for any of the following:

1.  To avoid a violation of a court order or federal law that would result in sanctions by the court or federal government to an agency in fiscal year 2008‑2009 or 2009‑2010 for failure to conduct the rule making action.

2.  To prevent an imminent threat to the public health or safety.  For the purposes of this paragraph, “imminent threat to the public health or safety” means the existence of a condition, circumstance or practice that would cause death, serious illness or severe injury to persons or adversely affect the ability of health care institutions to provide medical care during fiscal year 2008‑2009 or 2009‑2010.

Will keep you posted of the outcome of this legislation.

http://www.azcentral.com/news/election/azelections/articles/2009/02/06/20090206moratorium0206.html

Comments Off on Freeze on new rules to help AZ businesses

Filed under State Rulemaking

Arizona Governor’s Regulatory Review Plan

Janice K. Brewer, former Arizona Secretary of State, was sworn in as governor on January 21, 2009. Former Governor Janet Napolitano stepped down to become director of Homeland Security.

Gov. Brewer’s first official act was the release of a memorandum dated January 22, 2009.

A copy of the memo is posted on the Secretary of State’s Web site.
http://www.azsos.gov/public_services/Register/SDOC4287.pdf

As the filing and publishing office for administrative rules the Arizona Secretary of State’s Office received many questions the first week after the release of this memo. As the filing office we simply gave agencies the mechanism to withdrawn proposed rulemakings under the memo.

Q & As were posted on the Secretary of State’s Web page to help rulewriter’s understand our position.
http://www.azsos.gov/public_services/faq.htm

The Governor’s Office did release a statement about the memo. It is clear that the office is reviewing the rules not to burden agencies, but to “assess where the regulatory burdens lie and determine how they are appropriately or inappropriately impacting the citizens of Arizona.”

For a copy of the Governor’s press release see
http://azgovernor.gov/dms/upload/NR_012209_RegulatoryBurdens.pdf

I will keep ACR members posted on the outcome of the review of the rules by the Governor’s Office.

Scott Cancelosi
Director, Public Services Division
Arizona Secretary of State

Comments Off on Arizona Governor’s Regulatory Review Plan

Filed under State Rulemaking

ULC’s MSAPA Revision Drafting Committee to Meet November 14-16, 2008

The Uniform Law Commission’s drafting committee to revise the Model State Administrative Procedure Act (MSAPA) will meet November 14 through 16, 2008, in Denver, CO.  Information that the committee will consider is posted online at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234.  The draft MSAPA is scheduled for its final reading at the Summer ULC meeting scheduled for July 9 through 16, 2009, in Santa Fe, New Mexico.

Comments Off on ULC’s MSAPA Revision Drafting Committee to Meet November 14-16, 2008

Filed under Administrative Law, Model Act, State Rulemaking

Changes to Virginia Regulatory Town Hall Home Page

Some changes have recently been made to the Virginia Regulatory Town Hall home page (townhall.virginia.gov) aimed to make the site easier to navigate.

Here are the main changes:

 * The Menu bar on the left has been shortened to focus on major categories of information.

 * The Search Tool is more prominently displayed. This feature allows you to search titles of regulations, regulatory actions,meetings, guidance documents, mandates, petitions for rulemaking, and general notices.

 * Under Browse Regulations on the menu bar, you will see a list of all regulations broken down by board. Using the tabs near the top of the page, you can also search regulations by agency, secretary, and VAC citation.

 * Under Regulatory Activity on the menu bar, you will see all regulatory actions underway. Using the tabs near the top of the page, you can also view regulatory actions based on a periodic review of the regulation, a petition for rulemaking, or a legislative mandate (where the legislature has required a regulation to be changed).

 * On the page for viewing and entering public comments, you can now view regulatory documents, e.g., the agency background statement explaining what is changing and why, as well as the text of a proposed regulation, and we encourage you to view these before you enter a public comment.

 We’re always trying to make the Town Hall more user friendly so if you have any suggestions or comments, we would love to hear from you. Just email melanie.west@dpb.virginia.gov.

Comments Off on Changes to Virginia Regulatory Town Hall Home Page

Filed under Executive Oversight, State Rulemaking

2008 Governor’s Technology Award (Virginia)

Click on the link http://www.covits.org/governor’s_technology_awards/index.cfm and scroll down to see a picture of ACR members Lilli Hausenfluck and Joe Johnson with Virginia Governor Tim Kaine after receiving the 2008 Governor’s Technology Award in the category of “Cross-boundary Collaboration.” Also in the photo (far right) is Melanie West, Director of the Economic and Regulatory Analysis Division of the Department of Planning and Budget, who was also an award recipient.

Comments Off on 2008 Governor’s Technology Award (Virginia)

Filed under Automation, State Rulemaking, Technology

NASCIO Awards

Virginia nominated Virginia’s Regulation Information System and Town Hall for the National Association of State Chief Information Officers’ (NASCIO) 2008 Recognition Awards for Outstanding Achievement in the Field of Information Technology under the category “Cross-Boundary Collaboration and Partnerships.” Although Virginia was not selected as a finalist, the project nomination is posted on the NASCIO website at http://www.nascio.org/awards/2008Awards/collaboration.cfm as part of the state IT Best Practices database in NASCIO’s Recognition Award Archive. Also, a demo of the system is available at http://leg5.state.va.us/risdemo/.

Comments Off on NASCIO Awards

Filed under Rules Publication, State Rulemaking

Model State Administrative Procedure Act Revision Process — Invitation to Participate

The following notice is provided by Commissioner Francis J. Pavetti, Chair of the National Conference of Commissioners on Uniform State Laws Model State Administrative Procedure Act Drafting Committee.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is revising its Model State Administrative Procedure Act (MSAPA). NCCUSL invites organizations and individuals interested in state administrative agency processes to participate in this effort.

NCCUSL is a 117 year old national organization of lawyers, judges and law professors who are appointed to represent their states in drafting and seeking enactment of uniform laws to facilitate commerce and certainty in the law among the states. For more information about NCCUSL, visit http://www.nccusl.org/.

The goal of the MSAPA drafting committee is to make the administrative process more efficient, accessible and fair. The most recent draft of MSAPA is available at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234. The drafting process will not be completed until the spring of 2009. The MSAPA drafting committee invites interested parties to attend committee meetings as an observer and make comments and suggestions at the meetings or by submitting them in writing. To become an observer, please contact Ms. Leang Sou at NCCUSL at (312) 915-0488 or at leang.sou@nccusl.org . Submit written comments about the MSAPA to Commissioner Francis J. Pavetti, 18 The Strand, Goshen Point, Waterford, CT 06385.

UPDATE: The NCCUSL office moved the first week of January. The new phone number is (312) 450-6606.

Comments Off on Model State Administrative Procedure Act Revision Process — Invitation to Participate

Filed under Administrative Law, Model Act, State Rulemaking

Updated MSAPA Draft Available

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has posted the latest draft of the Model State Administrative Procedure Act (MSAPA), and related information, on its web site — http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234. The draft is available in several electronic formats, including PDF, Word, ASCII, and HTML. It is also available with redlining to show the most recent changes, or as a clean copy. The MSAPA drafting committee meets November 9 through 11 in Denver, CO.

Comments Off on Updated MSAPA Draft Available

Filed under Administrative Law, Model Act, State Rulemaking

NCCUSL’s MSAPA Drafting Committee Fall Meeting

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has scheduled the next Model State Administrative Procedure Act (MSAPA) drafting committee meeting for November 9 through 11, 2007, in Denver, CO.

Comments Off on NCCUSL’s MSAPA Drafting Committee Fall Meeting

Filed under Administrative Law, Model Act, State Rulemaking

Colorado Rules Office Receives 2007 Colborn Award

Administrative Codes and Registers presented the 2007 Colborn Award to the Colorado Secretary of State’s Office for their development and implementation of the online Code of Colorado RegulationsGovernment Technology has the story.

Comments Off on Colorado Rules Office Receives 2007 Colborn Award

Filed under Colborn Award, State Rulemaking

MSAPA Drafting Committee Releases Issues Statement

On July 10, 2007, the National Conference of Commissioners on Uniform State Laws (NCCUSL) Model State Administrative Procedure Act (MSAPA) drafting committee released an Issues Statement. The committee prepared the statement for the NCCUSL summer meeting that will be held July 27 through August 3, 2007, in Pasadena, California.

The statement includes four issues that concern rulemaking or state rules publishers. They are:

  • § 310. Guidance Documents and § 201(d) Publication of Guidance Document;
  • § 301 (d) Written Rulemaking Docket;
  • § 308. Variance between proposed rule and adopted rule; and
  • § 507. Exhaustion of Administrative Remedies.

The Issues Statement is available on the NCCUSL archive web site at the Biddle Law Library at Penn Law.

Comments Off on MSAPA Drafting Committee Releases Issues Statement

Filed under Administrative Law, Model Act, State Rulemaking

Administrative Codes and Registers Summer Conference, July 15-18, 2007

Administrative Codes and Registers’ summer conference is scheduled for July 15-18, 2007, in Portland, Oregon. An agenda for the conference has been posted on the ACR web site.

Currently topics to be covered include the ever popular “Who’s Who and What’s New” when everyone has the opportunity to talk about key issues going on in their home states, an update on the National Conference of Commissioners on Uniform State Laws’ April drafting session on the Model State Administrative Procedures Act, what’s going on with guidance documents, transformation lessons relating to erulemaking and epublishing, official vs. unofficial online rules and statutes, document authentication, Oregon’s rulemaking process, versioning of rules, and customer service in the digital age. Also, motivational speaker Trever Cartright will present an engaging session on “In the Box” thinking. The 2007 Colborn award will be presented by Chairman Scott Cancelosi and the Bylaws Committee will present a revision to the ACR bylaws as discussed at the winter conference. (Thanks to Jane Chaffin for the summary.)

Comments Off on Administrative Codes and Registers Summer Conference, July 15-18, 2007

Filed under Conferences, State Rulemaking

AALL Report on the Authentication of State Primary Legal Resources

The American Association of Law Libraries (AALL) has issued a 254-page report that surveys and analyzes individual state practices with respect to the “trustworthiness” of state-level primary legal resources on the Web. Rules publications are an important part of the report.  The “State-by-State Report on Authentication of Online Legal Resources” may be purchased from AALL at http://www.aall.org/products/pub_authen_report.asp. An electronic copy is available from AALL at http://www.aallnet.org/aallwash/authenreport.html.

Updated 2/11/2011:  The link to the electronic copy of the report has changed.  It is now available at http://www.aallnet.org/aallwash/authenreport.asp.

Comments Off on AALL Report on the Authentication of State Primary Legal Resources

Filed under Rules Publication, State Rulemaking

State Regulatory Flexibility Best Practices Conference

On Wednesday, March 28, 2007, the U.S. Small Business Administration (SBA), Office of Advocacy, the Ewing Marion Kauffman Foundation, and the Public Forum Institute are sponsoring a conference entitled “Building a Better Small Business Climate: State Regulatory Flexibility Best Practices”. The conference is being held in Kansas City, MO. An e-mail describing the conference states:

The purpose of this conference is to bring together the small business community, state legislators, and state government agencies to explore and share state tools and methodologies developed to successfully implement state regulatory flexibility laws. A guide consisting of state best practices will be distributed to conference attendees.

Information about the conference is available at http://www.sba.gov/advo/rfa_stateconference.html.

UPDATE:  Participation is by invitation only.  Space is limited.  For questions, please contact Dawn Crockett at dawn.crockett@sba.gov or (202) 619-2310.

Comments Off on State Regulatory Flexibility Best Practices Conference

Filed under Administrative Law, Fiscal Impact, State Rulemaking

Maryland’s 2005 Incorporation by Reference Changes

Some time ago (like February 2005), Dennis Schnepfe informed ACR about Maryland’s HB 1327, entitled “Code of Maryland Regulations, Maryland Register, and Contract Weekly – Incorporation by Reference of Laws and Documents”. This bill changes the incorporation by reference provisions for regulations in Maryland.

H.B. 1327 was signed on April 12, 2005. While an enrolled text is not available, the first and third reading texts are available and the “Documents” description indicates that no amendments were made.

Information about this bill is available at http://mlis.state.md.us/2005rs/billfile/HB1327.htm.

Comments Off on Maryland’s 2005 Incorporation by Reference Changes

Filed under State Rulemaking

Issues for Rulemakers

The ACR conferences are great. Lots of information and lots of issues to discuss. So far, two issues stand out for me. The first is referred to as versioning–specifically, providing historical versions of administrative codes. Colorado demonstrated their new rulemaking system which includes the capability to present a rule as it is in effect today, or any other day.

Second, continuity planning is critically important. With the retirements that states will see from the ranks of ACR in the coming five to ten years, the states (we) need to have plans in place to train replacements. Most of the states have very small shops that make continuity planning essential.

Comments Off on Issues for Rulemakers

Filed under Conferences, State Rulemaking, Technology

Oregon’s Regulatory Streamlining Initiative

About a week ago, my Google news alert directed me to an article at Bend.com. The article began with the following introduction:

Governor Ted Kulongoski has signed into law five measures approved by the Oregon Legislature to make it easier and less expensive for business owners to understand and meet state regulations. They are the first measures enacted out of a package of regulatory streamlining bills introduced at the direction of the governor.

This caught my attention. In 2003, Oregon Governor Ted Kulongoski signed Executive Order 03-01 requiring “state agencies to review their regulation of business activities and their regulatory processes to reduce the burden of regulation on business without compromising Oregon’s standards and protections.”

The order creates the Office of Regulatory Streamlining in the Department of Consumer and Business Services. They have an interesting web site with resources for agencies attempting to comply with the order.

1 Comment

Filed under State Rulemaking

Copyright of Public Records (FL Court Interpretation)

This decision of the Florida 2nd District Court of Appeal relating to copyright of public records may be of interest. In Microdecisions v. Skinner, the court rules that a county may not copyright GIS maps. State law determines whether agencies may claim copyright. Since public records law forbids demands for fees, licensing fees may not be charged for public records. The legislature has specifically permitted only certain categories of records to be copyrighted and GIS maps are not one of them. The mandate to make records available for the cost of reproduction “overrides a governmental agency’s ability to claim copyright in its work unless the legislature has expressly authorized a public records exemption.”
http://www.2dca.org/opinion/December%2001,%202004/2D03-3346.pdf

Comments Off on Copyright of Public Records (FL Court Interpretation)

Filed under State Rulemaking