PROTECTION FROM GOVERNMENT OVERREACH ACT.

View NCGA Bill Details2017-2018 Session
Senate Bill 480 (Public) Filed Wednesday, March 29, 2017
AN ACT TO PLACE RESTRICTIONS ON RULES WITH SUBSTANTIAL FINANCIAL COSTS.
Intro. by Wells, Gunn, Wade.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 30 2017)

Bill History:

S 480

Bill Summaries:

  • Summary date: Mar 29 2017 - More information

    Enacts GS 150B-19.4, prohibiting an agency from adopting a permanent rule or set of rules with a projected financial cost to all persons affected equal to or greater than $100 million during any five-year period. Directs that in determining the projected aggregate financial cost of a permanent rule or set of rules, the agency is to comply with the fiscal note requirements of GS 150B-21.4(b1), and cannot include any financial benefits of the permanent rule or set of rules.

    Details limitations for the adoption of a permanent rule or set of rules that an agency determines will have a projected aggregate financial cost to all persons affected equal to or greater than $10 million during any-five year period. For an agency that is a board, a commission, or a council, or other similar unit of government, a certification that the adoption of the rule or set of rules must be approved by at least 60% of those voting on the rule or set of rules. For an agency headed by a member of the Council of State, the adoption of the rule or set of rules must be accompanied by a certification signed by the member of the Council of State indicating the member's review and support of the rule or set of rules. For all other agencies, the adoption of the rule or set of rules must be accompanied by a certification signed by the Governor indicating the Governor's review and support of the rule or set of rules. Subjects a permanent rule or set of rules subject to these limitations to GS 150B-21.3(b1), as if, pursuant to GS 150B-21.3(b2), the rule or set of rules received written objections from 10 or more persons and a bill specifically disapproving the rule or set of rules was introduced in a house of the General Assembly before the thirty-first legislative day.

    Applies to proposed permanent and readopted rules published in the NC Register and proposed permanent rules posted on the website of the Office of Administrative Hearings on or after August 1, 2017.

    Amends GS 150B-21.6, authorizing an agency to incorporate by reference in a rule without repeating the text of the reference material all or part of a code, standard, or regulation adopted by the federal government if the agency establishes a procedure by which any change by the federal government is reviewed and approved by the agency within 120 days of the change. Makes a conforming change.

    Amends GS 150B-19.3(a), prohibiting the adoption of a permanent rule (currently, does not specify the rule to be permanent) for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than that imposed by federal law or rule (if one has been adopted on the same subject matter) unless adoption is required by one of the subdivisions of subsection (a). Current law subjects a permanent rule required by the subdivisions of subsection (a) to the provisions of GS 150B-21.3(b1) as if the rule received written objections from 10 or more persons under GS 150B-21.3(b2). Removes a serious and unforseen threat to the public health, safety, or welfare from the subdivisions requiring a permanent rule and subject to the those provisions. Instead, adds a new limitation that a permanent rule required by a serious and unforeseen threat to public health, safety, or welfare is subject to the limitation and legislative review provisions of GS 150B-19.4(b) and (c), as enacted. Applies to proposed permanent and readopted rules published in the NC Register and proposed permanent rules posted on the website of the Office of Administrative Hearings on or after August 1, 2017.


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