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Session Laws, 2004
Volume 801, Page 3050   View pdf image
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H.B. 429

VETOES

(iii) 1. If a public hearing is held on the emergency adoption of a
regulation, the Committee may not approve the emergency adoption except by a
majority vote of the members present and voting at the hearing or at a meeting of the
Committee subsequent to the hearing.

2. If a vote on the emergency regulation is not taken at the
public hearing or immediately thereafter, the Committee members shall be provided
at least 1 week's notice of the scheduling of any subsequent meeting to vote on the
regulation.

(IV) UNLESS THE GOVERNOR DECLARES THAT IMMEDIATE
ADOPTION IS NECESSARY TO PROTECT THE PUBLIC HEALTH OR SAFETY, THE
COMMITTEE MAY NOT APPROVE THE EMERGENCY ADOPTION OF A REGULATION
EARLIER THAN 10 BUSINESS DAYS AFTER RECEIPT OF THE REGULATION BY THE
COMMITTEE AND THE DEPARTMENT OF LEGISLATE SERVICES.

(3)     If there is no request for a public hearing, the staff of the Committee
may poll, in person, by telephone, or in writing:

(i) the members of the Committee; or

(ii) if STAFF OF THE COMMITTEE TRIES BUT IS UNABLE TO
CONTACT a majority of the members of the Committee [is unavailable] IN A TIMELY
MANNER AND IMMEDIATE ADOPTION IS NECESSARY TO PROTECT THE PUBLIC
HEALTH OR SAFETY, the presiding Chairman or the co-chairman.

(4)     (i) The Committee may impose, as part of its approval, any
condition[, including a time limit].

(ii) THE COMMITTEE SHALL IMPOSE, AS PART OF ITS APPROVAL, A
TIME LIMIT NOT TO EXCEED 180 DAYS ON EACH REQUEST FOR EMERGENCY STATUS.

(III) If [the Committee imposes a time limit on the effectiveness of
the regulation and] the unit does not adopt the regulation finally before the time
limit expires, the status of the regulation reverts to its status before the emergency
adoption.

(5)     The Committee may rescind its approval by a majority of its members
present and voting at a public hearing or meeting of the Committee.

(c) (1) The fiscal impact statement, prepared by the unit and submitted
under subsection (b) of this section, shall state:

(i) an estimate of the impact of the emergency regulation on the
revenues and expenditures of the State;

(ii) whether the State budget for the fiscal year in which the
regulation will become effective contains an appropriation of the funds necessary for
the implementation of the emergency regulation;

(iii) if an appropriation is not contained in the State budget, the
source of the funds necessary for the implementation of the emergency regulation;
and

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Session Laws, 2004
Volume 801, Page 3050   View pdf image
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