Establishing processes for delay, rescission, and approval of certain administrative rules based on fiscal impact and including applicability provisions

The bill provides that upon the adjournment of the specified regular session of the general assembly, a rule delayed in this manner is rescinded and shall not become effective. The bill authorizes an agency, during the period of a delay, to engage in further rulemaking that will amend or repeal a rule subject to the delay. However, any rule that amends or repeals a rule subject to a delay, and that will become effective during the delay, shall be subject to that delay as though it were included in the initially delayed rule. The bill authorizes an agency, during the period of a delay, to submit a notice of rescission for publication in the bulletin that rescinds the rule. Upon publication of the notice, if the rule has not already become effective or been rescinded, the rule is rescinded and shall not become effective. The bill provides that the general assembly may, by a joint resolution approved by the governor, approve a rule delayed in this manner prior to its rescission. Upon approval of the joint resolution by the governor, the rule shall not be rescinded and shall become effective upon the date of approval of the joint resolution by the governor, or another date specified in the resolution. The bill shall not be construed to prohibit the general assembly from enacting other legislation relating to a delayed rule, including but not limited to a joint resolution to nullify the rule. For purposes of the bill, “additional annual expenditures” includes expenditures by political subdivisions or agencies, and entities which contract with political subdivisions, to provide services as described under current law, but does not include an expenditure of funds by the agency that adopted a rule if the funds were appropriated to the agency for the purpose of the agency program or other function implemented by the rule.5, subsection 2, paragraph “b” (emergency rules). Under current law, a fiscal impact statement that is required for a noticed or adopted rule must be promptly delivered to the legislative services agency. The bill provides that the statement must be included with a rule when it is filed. The bill applies to rules adopted by agencies on or after July 1, 2026.