41-1039. State agency rulemaking; governor approval; submission; definition

A. Notwithstanding any other law, a state agency may not conduct any rulemaking, including regular, expedited, informal, formal, emergency or exempt rulemaking, without prior written approval of the governor. In seeking approval, a state agency shall address any of the following as justification for the rulemaking:

1. Fulfilling an objective related to job creation, economic development or economic expansion in this state.

2. Reducing or ameliorating a regulatory burden on the public, while achieving the same regulatory objective.

3. Preventing a significant threat to public health, peace or safety.

4. Avoiding violating a court order or federal law that would result in sanctions by a federal court for failure to conduct the rulemaking action.

5. Complying with a new state statutory or regulatory requirement if the compliance is related to a condition for the receiving federal monies or participating in any federal program.

6. Complying with a new or existing state statutory requirement.

7. Fulfilling an obligation related to fees or any other action necessary to implement the state budget that is certified by the governor's office of strategic planning and budgeting.

8. Adopting a rule or other item that is exempt from this chapter.

9. Matters pertaining to the control, mitigation or eradication of waste, fraud or abuse within a state agency or wasteful, fraudulent or abusive activities perpetrated against a state agency.

10. Eliminating rules that are antiquated, redundant or otherwise no longer necessary for the operation of state government.

B. After the public comment period and the close of the rulemaking record, a state agency may not submit the proposed rules to the council without a written final approval from the governor. Before considering rules submitted by a state agency, the council must obtain from the state agency the initial approval pursuant to subsection A of the section and the final approval required by this subsection.

C. Notwithstanding any other law, a state agency that submits a rulemaking request shall recommend for consideration by the governor at least three existing rules to eliminate for every additional rule requested by the state agency. The requirements of this subsection do not apply to rules that are necessary to secure or maintain assumption of federal regulatory programs, rules that are necessary to comply with an auditor general recommendation or rules that are necessary to address a new statutory requirement.

D. A state agency may not publicize any directives, policy statements, documents or forms on its website unless the directive, policy statement, document or form is authorized by statute or rule. A state agency shall remove material not authorized by statute or rule from its website on September 24, 2022.

E. For the purposes of this section, "state agency":

1. Includes all executive departments, agencies and offices and all state boards and commissions.

2. Does not include:

(a) A state agency that is headed by a single elected state official.

(b) The corporation commission.

(c) Any board or commission established by ballot measure at or after the November 1998 general election.

(d) The judiciary.