Committee backs bill to tighten emergency rule process and require governor certification

Senator Kelly told the committee SB 96 is intended to curb perceived abuses of emergency administrative rules by requiring a written justification and a formal certification by the governor before such rules become effective. "We've seen a tremendous abuse, especially in sunset of the abuse of emergency rules," he said, and described the bill as providing an outline of why a rule is needed and who approved it.

A committee member asked for concrete examples. Kelly pointed to the pharmacy board, saying in December it "passed some emergency rules that go into effect that directly contradicts the law that we passed last year on the pharmacy board" and asserted those rules included raised fines and penalty provisions that conflict with statutory law. Other members pressed whether the bill's language should more broadly require governor review for all emergency rules; Kelly said he would work with colleagues on language and that the bill aims to define what constitutes an emergency rule.

Committee members characterized the bill as a tool to make the governor accountable for certifications and to constrain agencies that use emergency rulemaking to skirt statute. The chair called the previous question, a roll-call was taken and the record shows committee action on the bill. Sponsors offered to collaborate on language to address members' concerns about scope and statutory limits.

If enacted, SB 96 would change the administrative process for emergency rules and add steps intended to limit agency overreach; the transcript records discussion and examples but no court, agency or external verification of the pharmacy board example during the hearing.