AN ACT TO REQUIRE THE SOCIAL SERVICES COMMISSION OF THE DIVISION OF SOCIAL SERVICES TO REVIEW POLICIES, GUIDELINES, AND OTHER INTERPRETIVE STATEMENTS AND SUBMIT A REPORT TO THE OFFICE OF ADMINISTRATIVE HEARINGS; CLARIFY THE AUTHORITY OF BOARDS TO REQUIRE CRIMINAL HISTORY RECORDS; AND UPDATE THE PROCESS FOR LEGISLATIVE REVIEW OF RULES.
Conference report #2 makes the following changes to the 2nd edition.
Modifies Section 6 to remove prior amendment to GS 150B-23(a) and instead amends GS 150B-21.3 as follows. Amends subsection (b) to reference the new GS 150B-21.3B(b) which establishes procedures for legislative review of rules; deletes subsection (b1) which provided for delayed effective dates of rules; deletes subsection (b2) which established the process by which a person may object to a rule; deletes subsection (c) which authorized the Governor to make a rule effective by executive order; deletes subsection (d) which defined a legislative day and legislative day of adjournment; and amends subsection (f) to include approval of a rule by the Codifier of Rules, if applicable, for certain permanent rules.
Modifies Section 7 to remove prior provisions amending GS 150B-33(b), GS 150B-1(d)(9), and GS 108A-54.1B, and repealing GS 150B-1(d)(20), and instead enacts a new GS 150B-23.1B establishing procedures for legislative rules as follows.
Subsection (a) defines a legislative day as a day on which either house of the General Assembly is in regular session.
Subsection (b) establishes procedures for filing objections to the adoption of permanent rules. A person may object to adoption of a permanent rule by filing written comments with the agency and, if the objection is not resolved, by filing written objections to the Rules Review Commission clearly requesting review by the General Assembly in accordance with instructions posted on the Commission’s Web site pursuant to GS 150B-19.1(c)(4). If the Commission receives written objections from 10 or more persons no later than 5:00 P.M. on the day following the day the Commission approves a rule, the rule becomes effective under the delayed effective date requirements of subsection (e). Requires the Commission to notify the agency that the rule is subject to legislative rule.
Subsection (c) authorizes an agency to adopt as a temporary rule a permanent rule that is subject to legislative review if the rule would have met the criteria of GS 150B-21.1(a) at the time the notice of the rule was published in the North Carolina Register. If the rule subject to legislative review is among a group of related rules adopted by the agency at the same time, the agency may make the other rules effective under the delayed effective date requirements of subsection (e) by giving written notice to the Commission.
Subsection (d) authorizes any member of the General Assembly to introduce a bill during the first 30 legislative days of the regular session specifically disapproving a rule approved by the Commission or that has not yet become effective or has been made effective by executive order pursuant to subsection (f). Requires the bill to refer to the rule by its Administrative Code citation and state that the rule is disapproved.
Subsection (e) provides for delayed effective date of rules subject to legislative review. Rules approved by the Commission on or before December 31 become effective on the 31st legislative day of the regular session in the following calendar year unless a bill disapproving the rule is introduced before that legislative day. If a bill disapproving the rule is timely introduced, the rule becomes effective on the earlier of the day an unfavorable action is taken on the bill or August 1 of that year. Provides that a permanent rule not approved by the Commission or disapproved by a bill becoming law does not become effective.
Subsection (f) authorizes the Governor to make a permanent rule approved by the Commission effective by Executive Order subject to the delayed effective date requirements of subsection (e) where the Governor finds that the rule is necessary to protect public health, safety, or welfare. Requires the Codifier of Rules to reflect this action when entering the rule in the Administrative Code. A rule made effective by executive order remains in effect unless disapproved by the General Assembly in a bill that becomes law before August 1 of the year following the year in which the executive order is issued, and requires the Codifier of Rules to note in the Administrative Code that the rule was not disapproved by the General Assembly.
New Section 8 makes Sections 6 and 7 effective January 1, 2021 and the remainder of the act effective when it becomes law.
Makes conforming changes to the act’s long title.
Conference report #1 was withdrawn 6/25/2020.
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