This bill amends the Administrative Procedures Act to establish stricter requirements for the promulgation of agency rules. It mandates that agencies can only create rules if they have been specifically and explicitly granted rulemaking authority by state law, invalidating any rules that do not meet this criterion. The bill prohibits the use of general statements of authority, such as those allowing agencies to act "as necessary and proper," as a basis for rulemaking. Additionally, agencies are required to cite the specific legal authority for each rule in their notice of rulemaking, and failure to do so will render the rule invalid.

Furthermore, the bill amends Section 308 of Title 75 to require the Legislature to review proposed rules and determine if they have the necessary specific and explicit authority. Any rule lacking such authority will be disapproved and declared invalid. Agencies must also conduct a review of their existing rules within three years, and any rules not supported by explicit legal authority will be repealed by January 1, 2030, unless reauthorized by the Legislature. The act is set to take effect on November 1, 2026.

Statutes affected:
Introduced: 75-308