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LB 565

Provide and change requirements relating to agency guidance documents

109th Legislature (2025-2026) Introduced by Dan Quick

LB 565 pauses and tightens agency non-rule guidance, revokes older guidance, requires transparency, fiscal impact data, and converts or revises guidance into rules where needed.

Title printed. Carryover bill
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Bill Summary · LB 565

Summary of Nebraska LB 565 (2025)

Overview

  • Bill: LB 565
  • Title: Provide and change requirements relating to agency guidance documents
  • Sponsor: Senator Dan Quick (primary); Committee: Government, Military and Veterans Affairs
  • Introduced: January 22, 2025
  • Hearing: February 12, 2025
  • Status: AM239 filed by Sen. Quick
  • Operative date: July 1, 2025
  • Emergency clause: Yes (takes effect upon enactment)
  • Legislative context: Amends the Administrative Procedure Act, Section 84-901.03

Purpose and Intent

LB 565 seeks to tighten and standardize how state agencies issue and manage non-rule guidance documents and provider bulletins. It aims to pause new guidance practices for a defined period, revoke a broad class of existing guidance unless needed for federal compliance, and require agencies to comply with fiscal impact reporting similar to rules and regulations. The bill also enhances transparency and public participation around guidance documents.

Key Provisions

  • Revocation and pause of guidance documents

    • All guidance documents and provider bulletins issued on or after July 1, 2022, and before July 1, 2025, are revoked pending formal rulemaking, unless explicitly required for federal compliance.
    • Agencies may not issue new guidance documents from July 1, 2025, through July 1, 2027, unless required to meet federal amendments or compliance.

  • Public access and transparency

    • For each guidance document issued, agencies must place the document in one public location and on the agency website.
    • Agencies must publish an index on their website summarizing the subject matter of all current rules, regulations, and guidance documents, and must electronically provide this index to the Clerk of the Legislature by December 31 each year.

  • Notice on first page of guidance documents

    • Each guidance document must include a notice stating it is advisory in nature but binding on the agency until amended by the agency, and that it may affect internal operations or impose (or not impose) requirements.

  • Fiscal impact and review

    • For guidance documents that affect regulated parties, agencies must include a description and an estimated fiscal impact (quantified) on businesses.

  • Revision/repeal process for guidance documents

    • Any person may request in writing that an agency revise or repeal a guidance document.
    • Agencies must respond within 60 days with one of: (a) revise or repeal; (b) initiate a proceeding to revise or repeal; (c) convert the guidance document into a rule/regulation; (d) deny with reasons.

  • Decision availability

    • All agency decisions under these provisions must be publicly available at a public location and on the agency website.

  • Compliance with federal requirements

    • Guidance must not impose greater regulations on Nebraskan residents or businesses than required by federal rules.

  • Operative framework

    • The act becomes operative on July 1, 2025. The original 84-901.03 is repealed and replaced with the new framework.

Who/What is Affected

  • State agencies issuing guidance documents and provider bulletins
  • Regulated businesses and individuals subject to agency guidance
  • The Legislature (through Clerk of the Legislature and public access to the index)
  • Entities seeking revisions or repeal of guidance documents

Procedural and Timeline Aspects

  • Emergency clause gives immediate effect upon enactment.
  • Key dates:
    • Introduced: January 22, 2025
    • Hearing: February 12, 2025
    • Revocation window for older guidance: post-July 1, 2022 to July 1, 2025 (revoked unless federal compliance)
    • Pause on new guidance: July 1, 2025 to July 1, 2027 (absent federal necessity)
  • Implementation date for the new framework: July 1, 2025

Potential Impacts

  • Increased transparency and public visibility of agency guidance
  • Potential reduction in non-rule guidance leverage on regulated parties during the pause period
  • Strengthened requirement for agencies to assess and disclose fiscal impacts of guidance
  • Possible shift of some guidance into formal rulemaking, extending timelines for certain policy actions

Note: This summary reflects the bill’s text and stated purposes as introduced and amended (AM239) and should be read in full for precise language and definitions.

Compiled from official sources — confirm details with the bill’s official record.

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