Rolling out the GOAT
The Platte Institute has joined with six state senators to roll out a package of bills aimed at modernizing and streamlining Nebraska’s regulatory environment to be as efficient and accountable as possible. The GOAT (an acronym for Government Oversight Accountability and Transparency) is a bipartisan effort of senators representing urban and rural districts around the state. A seventh bill was announced at the press conference, announcing the effort, which led one senator to dub the effort the “Magnificent Seven.”
The bills can all stand independently, or several could be combined into a single bill coming out of committee. The elements of the bill and their purposes:
- REINS ACT. Stands for Regulations from the Executive In Need of Scrutiny. This bill would require any regulation that affects the economy of $1 million or more over five years to be reviewed by the Legislature and rejected or given final approval. It will require agencies to consider the cost of compliance by those who are regulated and the cost to the larger economy. It will also allow the Legislature to reconsider the original authorizing legislation if an economic impact statement shows the impact to be significant. Carried by Senator Riepe. LB366.
- CODIFICATION OF 2017 RICKETTS EXECUTIVE ORDER. In 2017, Governor Ricketts issued Executive Order 17-04, which required executive agencies to review the necessity of existing regulations. This bill will codify that executive order into state statute, requiring regular reviews (every three years) and providing the Legislature with those reports. Carried by Senator Conrad. LB29.
- FEDERAL FUNDS INVENTORY. This bill would require a complete inventory of funds received from the federal government–essentially an audit of federal funds feeding into Nebraska’s budget. It would require a definition of how long the grant program lasts, whether there are state matching requirements, or if maintenance of effort requirements are attached. It also requires that an operating plan be in place should the federal receipts be reduced by 25% or more from the preceding fiscal year. Senator Andersen. LB662.
- VENUE FREEDOM. This bill would allow businesses and individuals who wish to participate in the rulemaking process to submit their comments for the record via email rather than appearing in person (usually) in Lincoln. Many agencies have already adopted this policy, but this would codify it. The bill would also allow conflicts with state agencies over rules to be filed in courts where the business or individual is located. Currently, the statute requires that any challenges of state agencies must be filed in Lancaster County–something which requires added time and effort of the individual–and added expenses. Senator Storer. LB664.
- CREATE THE OFFICE OF REGULATORY MANAGEMENT. This bill would create an executive branch office that would ensure that cost-benefit analyses of regulations take place and work to streamline existing rules. Virginia has a very successful version of this–it’s estimated that the office of 3 people has saved the state’s economy nearly a billion dollars. Senator McKeon. LB472.
- REGULATORY ADVISORIES. Agencies oftentimes issue regulatory advisories to update those who are regulated on current best practices in the field or provide updated information about upcoming changes. This bill would prevent the use of regulatory advisories from being used as informal rulemaking that is binding on businesses and others regulated by the agency (unless the change is required in order for the state to remain in compliance with federal regulations and continued funding). All other rules and regulations can only be binding on those regulated if they were promulgated through the Administrative Procedures Act process, which includes notice of intent, opportunity for comment, public hearings, and reviews for constitutional compliance. Senator Quick. LB565.
- THE ADD-ON FOR THE MAGNIFICENT SEVEN: This bill was introduced as part of the Governor’s package of bills. It would outright terminate certain boards and commission of the state–many of which have difficulty filling their membership through gubernatorial appointment–and would consolidate other boards and commissions. Speaker Arch. LB346
These bills all take a different approach to regulatory reform, and each, individually, represents an important step in making Nebraska a better place to work and do business. Together, they are the greatest of all time at providing Government Oversight, Accountability and Transparency!
Contact your senators and let them know that they should support the GOAT!