Bill Text: NC S459 | 2015-2016 | Regular Session | Introduced
Bill Title: Modify Letters of Objection Requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-26 - Ref To Com On Rules and Operations of the Senate [S459 Detail]
Download: North_Carolina-2015-S459-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S D
SENATE DRS25165-MC-80 (03/04)
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Short Title: Modify Letters of Objection Requirements. |
(Public) |
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Sponsors: |
Senator Daniel (Primary Sponsor). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to modify the objection process for adopted rules.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 150B‑21.3(b2) reads as rewritten:
"§ 150B‑21.3. Effective date of rules.
(b2) Objection. – Any person who objects to the adoption
of a permanent rule may submit written comments to the agency. If the objection
is not resolved prior to adoption of the rule, a person may submit written
objections to the Commission.Commission on a form prescribed and made
available by the Commission. If the Commission receives written objections
from 10 50 or more persons,persons who are qualified to
object, no later than 5:00 P.M. of the day following the day the Commission
approves the rule, clearly requesting review by the legislature in accordance
with instructions contained in the notice pursuant to G.S. 150B‑21.2(c)(9),
and the Commission approves the rule, the rule will become effective as
provided in subsection (b1) of this section. A person is qualified to object
if the person is a resident of the State, not including a lobbyist acting on
behalf of the lobbyist's principal, as those terms are defined in G.S. 120C‑100,
has a legal interest in property in the State, or is incorporated or doing
business in the State. The Commission shall notify the agency that the rule
is subject to legislative disapproval on the day following the day it receives 10
50 or more written objections. When the requirements of this
subsection have been met and a rule is subject to legislative disapproval, the
agency may adopt the rule as a temporary rule if the rule would have met the
criteria listed in G.S. 150B‑21.1(a) at the time the notice of text
for the permanent rule was published in the North Carolina Register. If the
Commission receives objections from 10 50 or more persons clearly
requesting review by the legislature, and the rule objected to is one of a
group of related rules adopted by the agency at the same time, the agency that
adopted the rule may cause any of the other rules in the group to become
effective as provided in subsection (b1) of this section by submitting a
written statement to that effect to the Commission before the other rules
become effective."
SECTION 2. This act is effective when it becomes law and applies to permanent rules adopted on or after that date.
