BILL · 2003–04 SESSION

HB 2378: Rule-making authority

Limiting the rule-making authority of certain entities to those instances where there is a specific grant of legislative authority.

Summary

  • Prohibits agencies from adopting a proposed rule until after the Legislature has had an opportunity to consider it during a regular or special legislative session.
  • Limits the authority the Legislature delegates to state agencies to the minimum delegation necessary to administer legislation's clear and unambiguous directives, and to administer only circumstances and behavior that were foreseeable at the time the legislation was enacted
  • Shifts the burden of establishing that a rule is valid from the challenger to the agency once the challenger has identified probable defects in the rule.
  • Specifies that a court may overturn agency action if it determines that the action is based on a de facto rule.

From the House Bill Analysis (HB 2378), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · died in committee
  1. IntroducedJan 13, 2004
  2. Out of committeestopped here
  3. Passed House
  4. Passed Senate
  5. Governor
  6. Law
Prime sponsor
Mike Armstrong (R-12)
Introduced
January 13, 2004 in the House
Last action
January 13, 2004
Budget
Has a fiscal note

AN ACT Relating to restoring public trust in the regulatory process;

Sponsors

Prime sponsor: Mike Armstrong (R-12)

4 co-sponsors (0 Democrats, 4 Republicans)

Votes

No recorded floor votes. This measure never reached a floor vote.

History

  1. First reading, referred to State Government.

HB 2378 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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