Transcript Highlights:

• WE IDENTIFIED A VERY REAL PROBLEM THAT OFTEN TIMES RULEMAKING IS NOT HAPPENING.
• LOTS OF FOOT DRAGGING FROM MY PERSPECTIVE IN THE RULEMAKING PROCESS.
• IN 2024 MANDATORY RULEMAKING REQUIREMENTS WERE ADOPTED.
• HERE IN REGARDS TO THE RULEMAKING FLORIDA DEPARTMENT OF EDUCATION.
• >> IF DIRECTED WE ARE HAPPY TO ENGAGE IN THE RULEMAKING PROCESS.

Keywords: 999, senate, all

Transcript Highlights:

• THERE IS NO UNIVERSAL DEFINITION OR STANDARD FOR GRANTING RULEMAKING AUTHORITY.
• RULEMAKING AUTHORITY MAY BE MANDATORY.
• RULEMAKING THAT WAS CLEARLY REQUIRED IN THE BILL.
• UNLESS THE RULEMAKING AUTHORITY IS ACCOMPANIED BY A DUE DATE, THERE IS NO STATUTORY DATE BY WHICH RULEMAKING
• THE RULE IS WITHIN THE RULEMAKING AUTHORITY DELEGATED BY THE LEGISLATURE.

Keywords: 999, senate, all

Bills: SB3, SB1346, SB1509, SB1928, SB2028, SB2071, SB2110, SB2117, SB2127, SB2134, SB259, SB1191, SB1246, SB1314, SB1439, SB1613, SB1930, SB1976, SB330, SB2069, SB2095, SB3, SB1346, SB1509, SB1928, SB2028, SB2071, SB2110, SB2117, SB2127, SB2134, SB259, SB1191, SB1246, SB1314, SB1439, SB1613, SB1930, SB1976, SB330, SB2069, SB2095

Keywords: industrial hemp, program licensing, agriculture, cannabinoids, state regulation, water infrastructure, wastewater, investment program, loans, local government, SB1509, groundwater, water wells, well spacing, water rights, Oklahoma Water Resources Board, OWRB, basin, subbasin, maximum annual yield

Bills: SB888, SB2479, SB2489, SB2519, SB2521, SB2527, SB2575, SB2591, SB2611, SB2665, SB2667, SB2695, SB2697, SB2713, SB2730, SB2751, SB2765, SB2795, SB2797, SB2806, SB2812, SB2818, SB2835, SB2849, SB2851, SB2896, SB2922, SB2970, SB2972, SB2973

Keywords: SB888, Hawaii, consumer protection, smart home security, smart household security device, home security camera, video doorbell, Ring, Nest, connected devices, internet of things, IoT, privacy, data privacy, law enforcement access, police requests, search warrant, judicial warrant, subpoena, emergency disclosure

Summary: The Judiciary Committee met in decision-making only session and took up a long list of Senate bills, mostly advancing them with either no amendments or committee amendments. Early measures included SB 888, which bars smart household security device operators from sharing user data with law enforcement without consent or a warrant, and SB 2479, which allows certain defendants to seek reduced sentences based on family violence, dating violence, or child abuse history; both were adopted, with SB 2479 amended for technical and procedural changes. The committee also adopted SB 2489 on invasive species provisions in Department of Agriculture and Biosecurity leases, SB 2519 on Law Enforcement Standards Board deadlines, SB 2521 and SB 2527 on CDL-related exemptions and training/policies for emergency personnel, and SB 2575 on firearm-related mandatory minimum penalties, which was amended to clarify scope and set a far-future effective date. Several transportation and public safety bills were also approved. SB 2591 created a Waikiki refuse-collection pilot program; SB 2611 expanded criminal trespass rules for school premises to weekends and holidays, though one member raised concerns about use of school property as a park; SB 2665 required driver-license renewal applicants with recent citations to complete a road-safety course, later narrowed to moving violations only; SB 2667 restricted towing vehicles from far-left lanes; SB 2695 clarified crosswalk duties; SB 2697 prohibited driving on shoulders except in limited cases; and SB 2812 required driver testing on dangers posed by larger vehicles, with court-ordered timing for re-examination. Most of these measures passed unanimously or with one or more members recording no votes or reservations, but they were still adopted. The committee also advanced SB 2713 on restricting certain pesticide use near elderly care facilities, SB 2730 on warrantless arrest and detention factors for petty misdemeanors and violations, SB 2765 on condominium foreclosure rental income, SB 2795 on flag display rights in housing associations with health and safety carve-outs, SB 2797 on gift card fraud, SB 2806 on real estate listing restrictions, SB 2818 on boating and ocean recreation penalties, SB 2835 on liquor licensing and education funding, SB 2849 on public meeting notice requirements, SB 2851 on a deafness designation for vehicle registration, SB 2896 lowering the commercial driving age to 18, SB 2922 on cooperative association definitions, SB 2970 on state contracting conflicts involving relatives, SB 2972 on temporary Oahu spearing restrictions for certain fish, and SB 2973 on banning jug-line fishing. A few bills drew objections over breadth or penalties, especially the boating and fishing measures, but the committee still adopted the recommendations. SB 2751 on workers’ compensation prescription drug rules was deferred indefinitely, and the meeting ended with the chair noting upcoming joint and committee meetings for the next day.

Bills: SB6, SB7, SB8, SB11, SB12, SB13, SB15, SB 6, SB 7, SB 8, SB 11, SB 12, SB 13, SB 15, SB 17

Keywords: SB 6, Woman and Child Protection Act, abortion, abortion-inducing drugs, medication abortion, mifepristone, misoprostol, pro-life, pro-choice, Texas abortion law, civil liability, qui tam, private enforcement, bounty hunter law, attorney general, parens patriae, abortion litigation, anti-SLAPP, Texas Citizens Participation Act, fee shifting

Bills: HB 45, HB 755, HB 1232, HB 1555, HB 2460, HB 2702, HB 2973, HB 3120, HB 3225, HB 3314, HB 3356, HB 3371, HB 3634, HB 3638, HB 4247, HB 4283, HB 4290, HB 4302, HB 4503, HB 4511, HB 4565, HB 4581, HB 4627, HB 4632, HB 4660, HB 4668, HB 4960, HB 5042

Keywords: housing, affordable housing, rent control, landlord-tenant laws, housing rights, lobbying, public entities, expenditures, government code, transparency, Texas Ethics Commission, government regulation, lobbying restrictions, government accountability, taxpayer money, HB 1232, whistleblower, whistleblower protection, public employee, retaliation

Bills: HB45, HB755, HB 1232, HB1555, HB2460, HB2702, HB2973, HB3120, HB3225, HB3314, HB3356, HB3371, HB3634, HB3638, HB4247, HB4283, HB4290, HB4302, HB4503, HB4511, HB4565, HB4581, HB4627, HB4632, HB4660, HB4668, HB4960, HB5042, HB45

Keywords: housing, affordable housing, rent control, landlord-tenant laws, housing rights, lobbying, public entities, expenditures, government code, transparency, Texas Ethics Commission, government regulation, lobbying restrictions, government accountability, taxpayer money, HB 1232, whistleblower, whistleblower protection, public employee, retaliation

Bills: HB45, HB45, HB755, HB 1232, HB1555, HB2460, HB2702, HB2973, HB3120, HB3225, HB3314, HB3356, HB3371, HB3634, HB3638, HB4247, HB4283, HB4290, HB4302, HB4503, HB4511, HB4565, HB4581, HB4627, HB4632, HB4660, HB4668, HB4960, HB5042

Keywords: flooding, disaster response, emergency preparedness, state guidance, public safety, housing, affordable housing, rent control, landlord-tenant laws, housing rights, lobbying, public entities, expenditures, government code, transparency, Texas Ethics Commission, government regulation, lobbying restrictions, government accountability, taxpayer money

Transcript Highlights:

• around here, and rulemaking comes with consequences.
• I'm not trying to get rid of rulemaking in this bill. Maybe one day.
• around here, and rulemaking comes<00:00:50.320> with<00:00:50.559> consequences.
• rulemaking in this bill. Maybe one day. rulemaking in this bill. Maybe one day.
• they're not doing effective rulemaking. they're not doing effective rulemaking.

Keywords: 919, house, all

Summary: The committee took up House File 936, an author’s bill requiring cost-benefit analysis before agencies move forward with major rulemaking. Chair Nash moved the bill, the A2 author’s amendment was adopted, and the bill was then discussed as amended. The sponsor said the goal was not to eliminate rulemaking, but to require agencies to “show their work” by analyzing costs, benefits, and assumptions before rules are adopted. Supporters, including representatives from Americans for Prosperity and the Pacific Legal Foundation, argued the bill would improve transparency, uniformity, and accountability in rulemaking. They cited federal and other state models, especially Virginia, and said similar requirements already exist in several states. They also pointed to public support for requiring cost-benefit analysis and said the bill could help agencies avoid costly or poorly thought-out regulations, reduce litigation risk, and improve legislative oversight through notice to committees and publication of preliminary and final analyses. Several members raised concerns. Representative Luger Nikolai said cost-benefit analysis is already part of existing law through SONARs and that the legislature, not agencies, should be the first line of review; she also worried the bill would force dollar valuations on qualitative factors such as accessibility. Representative Craft said the bill could allow unelected officials to negate policy choices already made by the legislature if benefits do not exceed costs. Representative Fryberg said the bill appears to require full analysis even for minor housekeeping rules and may overemphasize dollar-based benefits. Chair Nash and supporters responded that the bill is meant to impose a uniform check on agencies and that many current rules already operate without sufficient legislative oversight. The discussion ended with members expressing both support and opposition, and a roll call was requested, though no final vote was included in the excerpt.

Transcript Highlights:

• <00:12:46.079> but authority to to have the rulemaking but authority to to have the rulemaking
• As I understand it, we have require rulemaking. The chapter law did not require rulemaking.
• so they don't need to do rulemaking so they don't need to do rulemaking every<01:29:33.360> year
• Um, and there's no rulemaking required.
• Um, and there's no rulemaking required.

Keywords: 1189, house, all

Summary: The committee opened with housekeeping items, approved the minutes and consent agenda, and reminded the public that JLCAR’s role is limited to determining whether agency rules are within statutory authority, not to decide policy. Testimony was to be limited, and members noted that policy concerns should be addressed through the legislature rather than the committee process. The first major item was Public Utilities Commission rule 25-215 concerning natural gas suppliers. Staff said the proposal had been postponed because the PUC appeared to lack authority to impose fines and penalties in this rule set, especially suspending or revoking registrations, and recommended either a conditional approval removing those provisions or a preliminary objection for lack of statutory authority. PUC counsel responded that the cited authority had been incorrect, that the Department of Energy now has most registration rulemaking authority, but argued the commission still has jurisdiction over mediation and dispute resolution and may still have authority over fines because natural gas suppliers are not expressly excluded from public-utility status. Committee members discussed the split between PUC and DOE authority and the possibility that the transition in authority had not been fully cleaned up in statute. The committee then voted to grant a waiver of the time limit and postpone the item for another month so the agencies could work with counsel and clarify which parts of the rule could proceed. Members also urged that any needed legislative fix be brought forward quickly, noting that the Senate was not taking up non-germane amendments and suggesting the House as the likely venue for a cleanup bill. The committee next took up Department of Energy EN900 and EN1000 rules. Staff said the EN900 net-metering rules had been postponed previously and that the main remaining issue was a retroactive requirement in EN909.03(b), which the agency agreed to revise so the language would apply only on or after the 2026 effective date of the chapter. The agency described the EN900 rules as implementing net metering authority transferred from the PUC and expanding the chapter to cover municipal group net metering and low- and moderate-income community solar projects. The EN1000 interconnection rules were described as implementing 2024 legislation requiring uniform procedures for distributed energy resources. The department said both sets of rules were developed through extensive stakeholder input and asked for approval subject to the oral amendment already discussed."}】【。json

Transcript Highlights:

• rulemaking moratorium.
• rulemaking process that they go through. rulemaking process that they go through.
• do rulemaking just for any purpose.
• Right now in rulemaking authority.
• any cannot do rulemaking just for any cannot do rulemaking just for any purpose,<01:46:34.840>

Keywords: 1187, senate, all

Transcript Highlights:

• > structure<00:48:03.920> is whether altering rulemaking structure is whether altering rulemaking
• ,<00:48:36.400> we session to engage in rulemaking, we session to engage in rulemaking, we
• :42.559> itself<00:48:43.040> should that rulemaking framework itself should that rulemaking
• <00:49:05.040> process ready to continue the rulemaking process ready to continue the rulemaking
• 30.319> we've rulemaking initiatives that we've rulemaking initiatives that we've undertaken<00

Bills: HF962, HF3541, HF2936, HF3762, HF2879

Keywords: Capitol security, public safety, emergency management, state buildings, law enforcement, corrections, legislative approval, rule-making, financial impact, jail regulations, expungement, firearm eligibility, criminal records, organized retail crime, retail theft, supply chain theft, theft enterprise, organized theft, cargo theft, shoplifting

Transcript Highlights:

• We also say that if DHS has not initiated, or does not initiate, a rulemaking process to correct this
• We also say that if DHS has not initiating or initiate a rulemaking process, excuse me to correct this
• This rulemaking ability that keeps happening seems like it's kind of done behind closed doors.
• I know there's a reference to 256B.064, subdivision 2, which was the rulemaking.
• If the legislature does not act this session, we will move forward with rulemaking again.

Transcript Highlights:

• the board to do rulemaking for the formulary either.
• , but it also doesn't direct rulemaking, but it also doesn't direct the<00:10:05.200> board<00
• :10:05.839> um<00:10:06.000> to<00:10:06.240> do<00:10:06.480> rulemaking
• to do rulemaking for the formulary<00:10:08.000> either.
• My question is what the time frame is for the rulemaking, the final rulemaking, because if we do this

Keywords: 928, house, all

Summary: The committee first approved the minutes from the prior meeting and adopted the consent calendar without objection. It then postponed the Board of Licensed Dieticians item until next month after granting a waiver, and also postponed the Board of Accountancy item to next month so the agency could respond. The Board of Registry and Optometry received conditional approval. Staff noted the board had addressed editorial comments, but flagged one substantive issue involving the drug formulary and whether it should be exempt from rulemaking requirements; the committee agreed to add that as a legislative suggestion for later review. The Department of Natural and Cultural Resources interim rule drew more discussion, focused on a provision regulating kindling size for Category 3 fires. Staff and committee members questioned whether the agency had authority over Category 3 fires under the statute, but agency representatives said the interim rules were needed because the prior rules had expired and forest rangers lacked enforcement authority while final rulemaking was pending. The committee ultimately granted conditional approval to interim rule 25-4, with one member voting against it over concerns about consistency with the law. The Board of Examiners’ Dental 304 rules were presented next. The agency explained that it had revised the rules to address prior committee concerns about anesthesia and sedation for children, including creating a pathway for oral surgeons and dentist anesthesiologists to obtain exemptions for under-13 patients, setting a 20-patient-every-two-years threshold for certain permits, adding pediatric minimal sedation permitting, and loosening moderate sedation rules for pediatric dentists. Members also discussed whether the rules were compatible with House Bill 470, and staff said they appeared compatible and would not require additional rulemaking. The committee then approved the dental rules, and after that it adjourned after announcing it would cancel the continued meeting and take up remaining business next month.

Transcript Highlights:

• Here comes the formal rulemaking. Do you have comments on these?
• This rulemaking is the result of those changes.
• This rulemaking is a result of those changes.
• The Department of Trust Lands is relatively new to rulemaking.
• Question three: a description of the rulemaking procedure followed.

Keywords: 908, all

Summary: The committee first approved the December 3 minutes, then heard a request from the Board of Clinical Laboratory Practice to amend its proposed rule on exempt test methods to add certain closed-system DNA/RNA tests, including rhinovirus. After testimony explaining that the board had considered late comments from BioMérieux and wanted the rule record to reflect that review, the committee agreed to a limited amendment and passed the motion unanimously. The Department of Agriculture then outlined broad rule updates affecting dairy, eggs, poultry, pesticides, animal health, environmental mitigation, and the Egg Product Utilization Commission. The commissioner said the changes mostly clarified existing requirements, updated references, and reduced some burdens, such as easing dairy hauler training/licensing timing and clarifying out-of-state grade A milk language. Members asked about dairy industry decline, the APUC scoring system, and the rationale for the milk-hauler and out-of-state milk provisions. The State Board of Dental Examiners presented extensive rule changes tied to recent legislation and workforce issues, including a new professional health program for dentists, expanded duties for assistants and hygienists, broader local anesthetic authority for hygienists, and fee increases to fund the program and cover administrative costs. Testimony from Dr. Edward May strongly supported the professional health program based on his own recovery experience. The committee also heard from Game and Fish on rules easing some guide/outfitter experience requirements, allowing electronic exams, and modifying boating safety equipment rules, with no public comment and no fiscal impact. Later, Health and Human Services received approval for an extension to update tattoo/body art rules and a separate motion to repeal an obsolete nurse aide training chapter. HHS also described nursing facility rule updates, lodging sanitation revisions, and related clarifications on licensing, safety, pest control, and fire requirements. The Department of Environmental Quality received an extension for septic-system installer rules, and also presented rules for above-ground storage tanks and water/wastewater operator certification, including new fees and third-party testing options. The Industrial Commission’s oil and gas division described multiple rule changes, some withdrawn after comments, including drilling unit flexibility, site stability, wildfire authority, and streamlined transport/reporting procedures. Finally, DPI began presenting several rule packages, including school construction loan limits, school bus standards, cooperative agreements, special education rules for public charter schools, and new math curriculum and intervention requirements.

Transcript Highlights:

• So the first rulemaking that we've implemented is related to the net metering arrangements.
• It's a very extensive rulemaking that right now we have a draft.
• The fourth rulemaking, which we have just launched, is related to.
• English fairly well described all the various sub-rulemakings within SB 6.
• And to me, you know, we've talked about five different rulemakings.

Keywords: 1184, house, all

Transcript Highlights:

• So right now there's also some that are currently exempt from the rulemaking policies.
• currently exempt from the rulemaking currently exempt from the rulemaking policies.<00:11:10.880
• things from the rulemaking requirements.
• <01:05:31.920> which who are exempted from rulemaking which who are exempted from rulemaking
• rulemaking in RSA 541A115 and<01:06:13.599> RSA<01:06:14.480> 541A21.

Keywords: 1189, house, all

Summary: The continued conference on House Bill 609 focused on reconciling House and Senate drafts dealing with firearms and other personal defense tools, local government preemption, and agency rulemaking. Representative Leyon walked through amendment 21107H, explaining that it narrows undefined terms, clarifies that the General Court has supremacy over local regulation, allows damages actions for violations of preemption law, and adds language limiting agency rules unless specifically authorized by statute. She also described a three-year sunset and a delayed effective date for new rules so existing rules could continue temporarily while the legislature considers any needed statutory carveouts. Members then debated the practical effect of the language, especially whether it would bar agencies from adopting internal employment rules or instead require those rules to come through JCAR and be tied to express statutory authority. Several examples were discussed, including state plow drivers, corrections employees, and other workers who may need to carry personal defense tools in the field. The committee also discussed a provision making a plaintiff a prevailing party if a municipality changes a challenged policy after suit is filed, and a clause stating that good faith or advice of counsel is not a defense, though it may be considered in mitigation. The discussion narrowed to the difference between the House approach, which some members read as an absolute prohibition on agency rules in these areas, and the Senate approach, which some members said would allow rules only when an agency can point to express enabling authority and JCAR can review them. Members agreed that the goal was to prevent agencies from adopting rules that conflict with the statute while still allowing legitimate safety-related regulations where the legislature has authorized them. The conference took a recess and later resumed with the chair stating the parties had reached an agreement in principle based on the latest Senate language, and Representative Leyon was asked to continue reviewing the draft line by line for remaining concerns.

Transcript Highlights:

• We also have general rulemaking authority under RSA 365:8.
• We also have general rulemaking authority under RSA 365:8.
• Uh, we also have general rulemaking<00:17:09.199> authority rulemaking authority rulemaking authority
• It does rulemaking authority.
• Those are both very general rulemaking authority statutes.

Keywords: 1189, house, all

Summary: The committee first approved the minutes and adopted the consent calendar without objection. It then took up Department of Safety Rule 25161 on administrative license suspension forms. After discussion of a staff concern that the rule text should expressly require a defendant’s signature or refusal to sign, and the officer’s witness signature, the agency agreed to revised language. The committee voted to grant conditional approval with those edits. The committee next considered Department of Agriculture rule 192, concerning importation of bovines and domestic animals. Staff identified several issues, including an overly broad federal citation, an unclear definition of infection, a possible conflict between provisions on telephone-issued permits and documents that must be carried, and missing struck-through repeal language. Because the department had not proposed written fixes, members moved to postpone the item until next month, and the motion passed. A second Agriculture item, 25207, was discussed as a long-expired set of rules that the agency said were still needed to run its programs; the committee granted conditional approval. The Public Utilities Commission’s competitive natural gas supplier and aggregator rules prompted the most extensive debate. Staff argued the cited statutes did not clearly authorize the commission to impose fines on natural gas suppliers, while the agency responded that authority could be read from related Department of Energy transition language and general rulemaking provisions. Members discussed whether the issue reflected a statutory gap created when responsibilities were split between the Department of Energy and the commission. The committee ultimately voted to waive and postpone the item to next month so the attorneys could work out the authority question. The committee also postponed Department of Energy items 219 and 220 at the agency’s request, and it noted that the Liquor Commission’s emergency rule had been revised to reduce reporting from monthly to quarterly before being reissued, with the item also postponed.

Transcript Highlights:

• not in here is rulemaking authority for the<02:11:09.440> DRRA.
• authority to the to grant rulemaking authority to the agency. agency. agency.
• And now we'll talk about the committee amendment to add rulemaking.
• They're not allowed to get outside those rulemaking. >> Yeah.
• . rulemaking. rulemaking.

Keywords: 1191, senate, all

Transcript Highlights:

• so that the rulemaking process is ongoing.
• so that the rulemaking process is ongoing.
• and this is relevant for the rulemaking and this is relevant for the rulemaking process<00:35:30.200
• <00:48:12.079> rulemaking<00:48:12.640> Authority agency's expedited rulemaking Authority
• with in 2023 through our current rulemaking, the chapter 14 rulemaking process.

Keywords: 1187, senate, all