Wednesday, May 13, 2009

A bad bill - blocks rules that increase cost

One truly bad bill (still in play because it passed the Senate today) is SB 866, "APA Rules: Increasing Costs Prohibition". This bill, introduced by Sen. David Hoyle, would prevent any agency from adopting any rule that increased costs for any person, unless the rule responds to "A serious and unforeseen threat to the public health, safety, or welfare" or is required by law or court decision.

This could result in the inability of state agencies from adopting any regulation not directly required by law. All regulations have some cost, even if it only the cost of printing a copy of the regulation or the time for an employee to send e-mail informing others of the regulation. There is no requirement of significant cost; any cost will trigger the regulation.

One exception is for regulations responding to "A serious and unforeseen threat...". However, threats to public health and safety are not "unforeseen". There is at least some foresight needed for a regulation to be written.

Apparently Sen. Hoyle just doesn't like regulations, and this is one way to stop them. Unfortunately it will stop many regulations needed for public health and safety.

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