Bill
Number: H.B. 2297
Yarbrough
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Legislative Council
FLOOR
AMENDMENT EXPLANATION
- Adds the
criteria that specified agency rules must be necessary to implement
statutes or be required by a final court order or decision, rather than
strictly ministerial in implementing legislative standards.
- Specifies that
the prohibition does not apply to agency rules that are necessary to implement
statutes or that are required by final court order or decision, and rules
that are necessary to avoid sanctions that would result from a failure to
take rulemaking action.
- Clarifies that
the prohibition does not apply to agency rules that are necessary to
protect public health and safety.
Fifty-second Legislature Yarbrough
First Regular Session H.B.
2297
YARBROUGH FLOOR
AMENDMENT
SENATE AMENDMENTS TO
H.B. 2297
(Reference to House
engrossed bill)
Page 1, line 5, after "exceptions" insert "; definition"
Strike lines 12 and 13, insert:
"2. necessary
to implement statutes or required by a final court order or decision."
Line 23, strike "for
health regulatory boards established pursuant to"
Line 24, strike "title
32 to provide for" insert "to protect"; after "public" insert "health and"; strike "and enforce standards of care"
Between lines 24 and 25, insert:
"3. Are
necessary to avoid sanctions that would result from a failure to take
rulemaking action pursuant to a court order or federal law."
After line 27, insert:
"E. For
the purposes of this section, "to protect public health and safety"
means the IMMEDIATE need to address or prevent an outbreak of an infectious
disease, a disaster or any other CATASTROPHIC event."
Amend title to conform