HB 2993A rulemaking must address equity

05/15/2021

REFERRED TO WAYS & MEANS, contact members.


This bill provides that advisory committees appointed by agency as part of rulemaking must represent interests of persons and communities likely to be affected by rule. Requires agency to include in notice of rulemaking statement identifying how adoption of rule will affect racial equity.

Personal Choice and Responsibility
This would be a good bill if it didn’t push equity over equality forcing agencies to hirer another position to meet requirements. Equality should be the normal practice in every government practice as provided in the constitution. When equity replaces equality, it becomes unconstitutional.

Fiscal Responsibility
Estimated costs for advisory is $70,000 per biennium, $288,693 for Board of Parole and Post-Prison Supervision position, $80,180 for Department of Corrections position, and $203,329 for position at Housing and Community Services Department. An agency must appoint an advisory committee, and seek its recommendation as to whether the rule will have a fiscal impact, the extent of the fiscal impact, and whether the rule will have a significant adverse impact on small businesses. HB 2993A requires agencies to appoint a rules advisory committee that represent the interests of persons likely to be affected by the rule to assist the agency in developing the rule and determining the fiscal impact.

Limited Government
This has an underlying implication that all rules will affect the ‘underserved’ and this law will have a blind eye to equality. Public policy covers everyone equally and when you start naming a group, it is no longer equality. Concern is that it will have the effect of delaying the adoption of important rules and would often work to the detriment of those whom the proposed rules are intended to protect.

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