BILL NUMBER:  S818

 TITLE OF BILL :
An act to amend the state administrative procedure act, in relation to
notice of proposed rule making


 PURPOSE OR GENERAL IDEA OF BILL :
To allow state agencies to extend the period for public comments on a
proposed regulation.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill would authorize a state agency to extend the
period for public comment on a proposed regulation. Any citizen would
be allowed to request an extension. When certain public officials
request an extension, the agency would be required to either grant the
request, or explain why the request was denied.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
The State Administrative Procedure Act (SAPA) § 202 1(a) requires that
an agency's initial publication of the proposed rule must indicate the
last day for submission of public comments on the proposed rule. An
agency must assess timely filed public comments when the agency adopts
a rule. SAPA §202 5(b).  Currently, there is no explicit authority for
an agency to extend the date for filing public comments. This bill
would authorize such extensions. Agencies would then be compelled to
              

assess public comments filed during the extended comment period.

 JUSTIFICATION :
The State Administrative Procedure Act (SAPA) §202 1(a) establishes
that in a rule making proceeding, the agency's initial publication of
the proposed rule must indicate the last day for submission of public
comments on the proposed rule. The minimum period for public comment
is forty-five days. When a public comment is timely filed, an agency
must assess the comment before it adopts the rule. SAPA §202 5(b)
Sometimes members of the public may not learn of a proposed rule until
shortly before the comment period deadline, and may not be able to
file their comments in a timely fashion. Currently, an agency might
consider comments filed after the deadline, but would not be required
to do so. Especially for ordinary citizens who are not familiar with
the rule making process, an imminent deadline can have a chilling
effect on their effort to submit comments. An example of this problem
occurred in 1997, with the Department of Social Services' proposed
child day care regulations. This bill would give an agency the
authority to formally extend a comment period. This added flexibility
is designed to make the public comment process more user-friendly,
especially for ordinary citizens.  The bill would also grant certain
public officials a limited advantage over other citizens. An agency
could deny an official's request for an extension, in the same way
that any citizen's request could be denied. However, if the request is
from an official, the agency would have to give a reason for the
denial. This provision would ensure an element of rationality in an
agency's decision on extensions, without unduly burdening the agency.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.