BLAIR LEE III,

Acting Governor

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constitution of each state allows. In establishing these
procedures, legislatures will be reasserting their
legislative prerogatives and regaining the basic lawmaking
authority granted to them under state constitutions.

Legislatures should also enact comprehensive
administrative procedures acts for their states, or review
existing laws, to insure a thorough review of all
regulations. These procedures, of which the legislative
review process should be a key part, should include: (a) a
clear definition of an agency regulation; (b) a requirement
that agencies' regulations clearly show additions to and
deletions from existing regulations; (c) a requirement that
all proposed regulations be published in advance of their
effectiveness; and (d) a requirement that all regulations be
filed with the legislature as provided by the legislative
regulation review procedures. The procedures should also
allow maximum opportunity for public comment both in the
promulgation and adoption of regulations as well as in the
legislative review process.

To assist legislatures in establishing effective
procedures for the legislative review of regulations, the
committee makes the following additional recommendations:

2.    After considering the alternative regulation
review structures, the committee recommends that a single
joint committee, empowered to meet year—round, be designated
or established to perform the regulation review function.
The committee should include members representing both
houses. Legislatures may also wish to consider including
representation from the major substantive standing
committees from the review committee.

3.    Recognizing the difference in state constitutions
and judicial interpretations, the committee recommends that
the strongest possible review structure be created in each
state, consistent with the state's constitution.

4.    The committee recommends that the committee or
committees designated to perform regulation review be
adequately staffed by permanent legislative staff, so that
review of regulations is effectively accomplished.

5.    The committee recommends that the review
committee in each state have the authority to review all
proposed and pre-existing regulations.

6.    The committee recommends that reasonable time
constraints be imposed on all levels of the regulation
review process to provide for adequate review and for
expeditious final disposition of regulations by both the
committee and the legislature.