Budget Amendment ID: FY2012-S3-136

GOV 136

Legislative Oversight of Regualtions

Ms. Candaras moved that the proposed new text be amended Ms. Candaras moves to amend the bill by inseting,after Section _______, the following new Section:-

“Section _____. Chapter 30A of the General Laws is hereby amended by inserting after section 4 the following new Section:-

Section 4A. Except for emergency regulations adopted pursuant to section two, any regulation, as defined in section one or any amendment or repeal of any such regulation adopted by an agency pursuant to this chapter, shall, after compliance with all applicable provisions of this chapter, except section five, be submitted to the general court. The agency shall file the proposed regulation, amendment or repeal with the clerks of the house of representatives and the senate, together with a statement that the pertinent provisions of this chapter, except section five have been compiled with. The clerks of the house of representatives and the senate, with the approval of the president of the senate and the speaker of the house of representatives, shall refer such regulations to the joint committee having jurisdiction of the subject matter of the regulations and to the joint committee on state administration and regulatory oversight. If a proposed regulation involves health care then it shall be referred to the joint committee on health care financing. Within thirty days after such referral, either or both committees may hold a public hearing on the regulations and shall issue a report to the appropriate agency. The report shall contain any proposed changes to the regulations voted upon by the committees. The agency shall review the report and adopt final regulations as deemed appropriate in view of the report and shall file with the chairs of the committees making the report its final regulations. If the final regulations do not contain the changes proposed by the committees, the agency shall send a letter to committees accompanying the final regulations stating the reasons why such proposed changes were not adopted. Not earlier than forty-five days after filing of such a letter and final regulations with the committees, the agency shall file the final regulations with the state secretary as provided in section five and said regulations shall thereupon take effect.

If no such proposed changes to the regulations are made to the appropriate agency within sixty days of the initial filing of the proposed regulation or any amendment or a repeal of such regulation with the clerk of the house of representatives, the agency may file the final regulations with the state secretary as provided in section five and said regulations shall thereupon take effect.”