RALEIGH – State government departments and agencies may be misusing the process for making new rules and setting program policy to push a liberal social agenda rejected by the General Assembly, says Rep. Paul “Skip” Stam (R-Wake).
“Unaccountable commissions are making vague and unnecessary rules,” Stam said. “Rule-making is being used to make new policy that could not get through the legislature. Though it is happening in public view,” Stam said, “it is a process not generally understood or reported.” “Rules and program policy changes that are proposed by state agencies was nt meant to be a way to bypass the legislature,” Stam said.
Lawmakers usually require agencies to make rules and set program policy for state programs and to adjust to changes in law. Most state agencies are required to forward these proposed rules to the Rules Review Commission for approval at monthly meetings in Raleigh.
“Consideration by the Rules and Review Commission is treated as a formality in many cases,” Stam said. “The State Personnel Manual published last month included rules against discrimination in hiring based on ‘gender expression’ and established new categories protecting applicants who ‘self-identify’ as being ‘gay, lesbian, bisexual or transgendered.’ It was published even after this entirely new language was rejected by the Commission.”
The Public Health Commission also put controversial language in grant applications months before consideration by Rules Review, Stam said. “Public Health approved changes for programs applying for the Teen Pregnancy Prevention Initiative, requiring participants to outline plans for teaching ‘Comprehensive Sexual Education’ and changing Abstinence into merely contraception, counter to state law passed in 1996.”
The Rules Review Commission approved those changes last month, though the same language was debated and died in the House Education Committee last year. “Comprehensive Sexual Education is inherently unclear and ambiguous, and sets new precedent in state policy,” Stam said.
Tami Fitzgerald, attorney for North Carolina’s Family Policy Council, called “Comprehensive Sexual Education unclear and ambiguous, covering anything and everything.”
“The General Assembly should examine if state agencies and departments are abusing their rules making process,” Stam said. “The Standards of Review for the Rules Review Commission may need to be tightened to insure accountability and prevent mixed messages.”
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