Senate Joint Resolution 7 (SJR 7) th
SJR 7 was one of three proposed constitutional amendments referred to the ballot by the 89 General Assembly of Arkansas. It will be considered on the 2014 ballot by the voters of Arkansas. This ballot item will amend Article 5 of the Arkansas Constitution. The proposed amendment will change the review and approval authority of the General Assembly concerning administrative rules
Section 1. The General Assembly may provide by law that rules promulgated by a state agency must be reviewed and approved by a legislative committee before the rules become effective. This review and approval process may occur during any legislative session or the interim. While this is a short ballot item, it proposes a rather significant change in state government. Presumably all rules would need to be approved by a legislative committee. Currently rules are a part of the legislative process but many are implemented without final review of the legislature. For example, the recently passed utilities exemption in HB 1039 calls for DF&A to promulgate rules for final implementation of the Act, paperwork, process and the like. This is fairly common, and occurs in many pieces of legislation but the legislature does not have final approval of the rules. If passed, SJR 7 could present several possible challenges and opportunities. It creates a whole other battlefield for stopping or altering legislation that an interest group or particular legislator opposes. Review takes time and questions. This could be a challenge for many legislators who attend interim meetings as they can. Since these rules would be reviewed and approved in the interim, you are looking at the possibility of a more full time legislature.