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SB 469 - This act modifies provisions regarding the updating and review of administrative rules. The Secretary of State is given the authority to make non-substantive changes to the Code of State Regulations to update state agency information, such as name or address changes. This act provides that every state administrative rule that is filed by any state agency after August 28, 2012, shall automatically sunset ten years after their effective date. The act creates a schedule for the expiration of currently enacted rules. If an agency wants to continue the effectiveness of the rule beyond ten years, the agency shall repromulgate the rule at least once every ten years after its sunset. For each rule filed, amended or repromulgated under this act, the agency shall review the rule to determine whether the rule: continues to be necessary or is obsolete; duplicates, overlaps or conflicts with other state, federal or local rules; needs changes or should be rescinded in order to reduce regulatory burdens on businesses, individuals or political subdivisions, or to eliminate unnecessary paperwork; and whether a less restrictive, more narrowly tailored rule could adequately protect the public or accomplish the same statutory purpose. Within sixty days after receipt by an agency of a petition filed by an individual requesting an agency to adopt, amend or repeal a rule, the act requires an agency to submit a written response to the petitioner, the Joint Committee on Administrative Rules, and the Commissioner of Administration containing its determination, along with the basis for its determination. The Joint Committee on Administrative Rules shall provide a semi-annual report to state departments and the Secretary of State on rules that are scheduled to expire, however, the state agencies retain ultimate responsibility for monitoring the effectiveness of their rules. This act is similar to SB 350 (2011) and HCS/HB 697 (2011). JIM ERTLE
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