HOUSE CONCURRENT RESOLUTION NO. 36
(By Delegates Fleischauer, Miley, Brown, Caputo,
Hunt, Pino, Overington and Sobonya)
Amending Rule 5a of JOINT RULES OF THE SENATE AND HOUSE, relating to processing of bills authorizing the promulgation of proposed legislative rules; duplication and distribution of proposed legislative rules.
Resolved by the House of Delegates and State Senate:
That Rule 5a of the Joint Rules of the Senate and House be amended to read as follows:
Introduction and Processing of Bills Authorizing the Promulgation of Proposed Legislative Rules; Filing, Duplication and Distribution of Proposed Legislative Rules;
5a. (1) On the first day of each regular session of the Legislature, the cochairs of the legislative rule-making review committee shall submit to the clerk of the respective houses of the legislature a copy of all proposed legislative rules which have been submitted to and considered by the committee pursuant to §29A-2-11 of the code and which have not been previously submitted to the Legislature for study, together with the recommendations of the committee with respect to such rules, a statement of the reasons for any recommendation that a rule be amended or withdrawn, a statement that a bill authorizing each legislative rule has been drafted, and copies as required by each house, of bills for introduction. To facilitate the submission of the committee’s report and bills of authorization on the first day of each regular session, the committee shall complete its consideration of rules by November 30 of each year. The committee may withhold from its report any proposed legislative rule which was submitted to the committee fewer that two hundred twenty-five days before the end of the regular session. The clerk of each house shall submit the report to his or her house pursuant to §29A-3-12.
(2) A "bill authorizing the promulgation of proposed legislative rules" or a "bill of authorization" is a measure intended to be enacted as general law, which incorporates by reference a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and which authorizes the promulgation and implementation of the proposed legislative rule. The processing of bills authorizing the promulgation of proposed legislative rules shall be governed by the standing rules of the Senate and the House of Delegates, which are supplemented by the provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the Senate or the House of Delegates, the provisions of this rule shall control.
(1) (3) The requirement of either house that bills shall be presented in duplicate applies to bills authorizing the promulgation of proposed legislative rules, but does not apply to the proposed legislative rule which the bill incorporates by reference. Of the duplicate copies, only the designated original copy shall have appended thereto the full text of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation. Other copies of the full text of the proposed legislative rule shall be made available to members of the Legislature as hereinafter provided.
(2) Copies of the full text of each proposed legislative rule shall be reproduced by printing or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to such printing or duplication, a notation shall be affixed to the proposed legislative rule which identifies the bill number of the introduced bill which would authorize its promulgation and which also identifies the committee or committees of the house to which the bill is to be referred by the presiding officer following its introduction. Otherwise, the copies printed or duplicated shall conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate the consideration and amendment of the rule throughout the legislative process.
(4) Upon introduction on bills authorizing the promulgation of proposed legislative rules, the clerk shall make available by electronic means the full text of each legislative rule to be authorized to each member on the floor of each house, to allow each member to view the text of each legislative rule.
(3) (5) The clerk shall furnish to any member, upon his or her request, without cost, one copy of the full text of a proposed legislative rule as reproduced by the clerk in accordance with the provisions of subsection (2) (3) of this joint rule. For any request for an additional copy or copies of the proposed legislative rule, the member requesting the copy or copies shall pay to the clerk, in advance, a charge which the clerk has reasonably determined to be adequate to cover the actual cost of the printing or duplication: Provided, That the provisions herein for the clerk to furnish a member with an additional copy or copies, with a cost charged, may not interfere with or delay the prompt and otherwise timely consideration of bills of authorization by the house or its committees or subcommittees.
(4) (6) Whenever the standing rules of either house require the printing or reprinting of a bill, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no printing or reprinting of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required, other than the printing required by subsection (2) of this joint rule.
(5) (7) Whenever the standing rules of either house require a bill to be read, or fully and distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no reading of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required.
NOTE: Strike-throughs indicate language that would be stricken from the joint rules, and underscoring indicates new language that would be added.
This resolution was recommended for introduction and passage by the Joint Judiciary Committee.