House Bill No. 4319 amends the Administrative Procedures Act to impose stricter requirements on agency rulemaking. It stipulates that agencies can only promulgate rules if they have been specifically and explicitly granted authority by state law, invalidating any rules based on general statements of authority. The bill requires agencies to cite the specific legal provisions that grant them rulemaking authority in their notices, and any rule lacking such citation will be deemed invalid. Additionally, the bill mandates that the Legislature review proposed rules to ensure they are supported by explicit authority and do not exceed the scope of that authority.
Furthermore, the bill introduces a new requirement for agencies to inventory all existing rules within three years, identifying the specific legal authority for each. Any rule that does not have explicit state law support will be automatically repealed by January 1, 2030, unless reauthorized by the Legislature. The amendments also include changes to the legislative review process, ensuring that the Legislature has the power to disapprove rules lacking specific authority. The act is set to take effect on November 1, 2026.
Statutes affected: Introduced: 75-308
Floor (House): 75-308
Floor (Senate): 75-308
Engrossed: 75-308
Enrolled (final version): 75-308