Bill > HB136

This bill amends existing law to require the Governor to certify that an immediate danger to public health, safety, or welfare justifies the need for an emergency rule before it can become effective. Currently, emergency rules can be adopted with fewer than the usual 35 days' notice if an agency finds an immediate danger or needs to comply with federal law, and they become effective upon filing with the Legislative Services Agency and the secretary of the agency. This bill adds a requirement that the Governor must also certify this justification. Furthermore, if an agency wants to adopt the same or a similar emergency rule within a year of its initial adoption, they must demonstrate that the danger could not have been reasonably foreseen to continue and the Governor must again certify that the danger still justifies the emergency rule. The bill also clarifies that emergency rules are valid only to the extent necessary to address the immediate danger and will not be valid unless adopted in substantial compliance with these procedural requirements. This act is set to become effective on June 1, 2026.

Government Affairs

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