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AR HB1431

Bill

Status

Passed

3/19/2019

Primary Sponsor

Jim Dotson

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Amends the definition of "agency" under the Administrative Procedure Act to include the Arkansas Public Service Commission, Arkansas Pollution Control and Ecology Commission, Workers' Compensation Commission, and Department of Workforce Services only for purposes of rule review under § 25-15-216, while maintaining their exemption from other Administrative Procedure Act requirements.

  • Requires state agencies to review newly enacted laws after each legislative session and file final versions of new, amended, or repealed rules with the Secretary of State by January 1 following regular/fiscal sessions or within 180 days after special sessions.

  • Establishes monthly reporting requirements to the Legislative Council for agency heads who fail to file rules by the required deadline, including explanations of delays, current status, remedial steps, and anticipated filing dates.

  • Creates new § 25-15-220 requiring state agencies to interpret their rulemaking authority narrowly, limiting rules to areas absolutely necessary to fulfill statutory duties and prohibiting rules inconsistent with legislative intent.

  • Allows proposed rules based on broad interpretations of agency rulemaking power to be deemed inconsistent with state law under the administrative rules approval process.

Legislative Description

To Amend Arkansas Law Concerning Administrative Rules.

Last Action

Notification that HB1431 is now Act 517

3/19/2019

Committee Referrals

State Agencies and Governmental Affairs3/12/2019
State Agencies & Governmental Affairs2/25/2019
State Agencies and Governmental Affairs2/11/2019

Full Bill Text

No bill text available