Senate Committee Puts Rules And Regs Oversight Bill On Hold, Delays Constitutional Amendment Meeting

The Senate State Agencies & Governmental Affairs Committee delayed action on an amendment to SB 2, which more fully outlines how lawmakers will oversee executive branch rules and regulations.

Arkansas voters approved Amendment 1 last November, which gives the General Assembly authority to review and approve state agencies’ administrative rules. SB 2 outlines how the new legislative oversight will work.

Sen. President Jonathan Dismang, R-Searcy, sponsor of SB 2, said the intent is to largely maintain the current process lawmakers have for reviewing executive branch agency rules and regulations.

The amendment to SB 2 would:

• Move lottery oversight and its rules and regulations under the purview of the Joint Budget Committee when in session or the Arkansas Legislative Council (ALC) when the legislature is not in session.
• Set a review process for the appropriate oversight committee to sign off on all administrative rules unless a motion to disapprove is made. The committee has to outline why they disapprove either because of legislative intent or statute.

The amendment to SB 2 also gives additional power to ALC’s executive committee to approve emergency rules, if needed for expediency.

Dismang said that his bill doesn’t make changes to administrative rule oversight for several independent agencies and organizations, which was a big question mark heading into the session. Those groups include higher education institutions, the Arkansas Game and Fish Commission and the Arkansas Highway and Transportation Department.

Dismang said he did not want the legislature having to approve oversight of tuition hikes or the number of ducks Game and Fish might allow hunters.

A House version of this legislation does pull higher education, Game and Fish, and the highway department under the rules.

Dismang said that his bill intentionally specifies that the Arkansas Legislature would not regulate the rules of those three agencies and organizations, which they currently do not review. He said that lawmakers could choose in the future to revisit this policy.

“I think it would open a Pandora’s Box,” Dismang said in response to a question from Sen. Bryan King, R-Green Forest.

Committee members asked for more time to digest the lengthy amendment to SB 2.

In other State Agencies business, State Sen. Eddie Joe Williams, R-Cabot, told the committee he chairs that he does not expect the panel to meet with its joint counterpart on Monday to discuss possible referrals for proposed constitutional amendments for voter consideration in 2016.

Nearly 40 potential constitutional amendment proposals have been filed this session. State lawmakers are allowed to refer up to three measures for consideration in the next general election cycle. However, they are not required to refer any.