Bill Text: NC S1380 | 2010 | Regular Session | Amended

North Carolina Senate Bill 1380 (Prior Session Legislation)

Bill Title: Disapprove Rule

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-26 - Ref To Com On Rules and Operations of the Senate [S1380 Detail]

Download: North_Carolina-2010-S1380-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S 1

SENATE BILL 1380

Short Title: Disapprove Rule.		(Public)
Sponsors:	Senator Clodfelter.
Referred to:	Rules and Operations of the Senate.

May 26, 2010

A BILL TO BE ENTITLED

AN ACT to clarify what constitutes a rule and to require compliance by the state ethics commission with procedural requirements for rules that are in effect or that are hereafter adopted.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 120C‑101(c) reads as rewritten:

"(c) In adopting rules under this Chapter, the Commission is exempt from the requirements of Article 2A of Chapter 150B of the General Statutes, except that the Commission shall comply with G.S. 150B‑21.2(d). At least 30 business days prior to adopting a rule, the Commission shall:

(1) Publish the proposed rules in the North Carolina Register.

(2) Submit the rule and a notice of public hearing to the Codifier of Rules, and the Codifier of Rules shall publish the proposed rule and the notice of public hearing on the Internet to be posted within five business days.

(3) Notify those on the mailing list maintained in accordance with G.S. 150B‑21.2(d) and any other interested parties of its intent to adopt a rule and of the public hearing.

(4) Accept written comments on the proposed rule for at least 15 business days prior to adoption of the rule.

(5) Hold at least one public hearing on the proposed rule no less than five days after the rule and notice have been published.

A rule adopted under this subsection becomes effective the first day of the month following the month the final rule is submitted to the Codifier of Rules for entry into the North Carolina Administrative Code. A rule adopted by the Commission that does not comply with the procedural requirements of this subsection shall be null, void, and without effect. For purposes of this subsection, a rule is any Commission regulation, standard, or statement of general applicability that interprets an enactment by the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of the Commission."

SECTION 2. This act is effective when it becomes law and applies to all rules that have been or are adopted by the Commission.