Bill
LC 473
Prohibits definitional language in administrative rules; requires definitions to be set in statutes, aligning rules with statutes and reducing interpretive variance.
Overview
LC 473 is a draft bill in the Assembly introduced on October 4, 2024. Its core aim, as reflected in the title, is to prohibit the inclusion of definitional language within administrative rules. The bill is currently in the drafting and proofing process, with ongoing legal review and editorial steps as of February 2025.
Purpose and intent
- Central idea: Stop state agencies from placing definitions inside administrative rules.
- Rationale implied by the title: require terms used in administrative rules to be defined in statute (or via legislative action) rather than within the rules themselves.
- Policy goal (inferred): increase consistency between statutory definitions and rulemaking, potentially reducing interpretive ambiguities that arise from definitional language in rules.
Key provisions (as suggested by the bill’s title)
- Prohibition on definitions in administrative rules: Any rule issued by a state agency would be restricted from containing definitional text.
- Definitional authority retained in statutes: Terms that require definition would need to be defined within the enabling statute or through corresponding legislative action.
- Alignment between statutes and rulemaking: Rules would rely on statutory definitions, limiting the scope for interpretive variance within the rule itself.
- Transitional or implementation elements (undetermined): The bill may include provisions addressing the transition from current rules that contain definitions to a statute-defined framework and potential effective dates.
Affected entities
- State government and agencies that draft and publish administrative rules would be directly affected.
- Legislative branch would retain definitional authority via statutes; agencies would need to reference statutory definitions in place of internal rule definitions.
- Stakeholders relying on specific rule definitions (businesses, nonprofits, individuals, regulated sectors) could experience changes in how terms are interpreted and applied.
Procedural timeline and status
- Introduced: October 4, 2024 (Draft in Assembly)
- Recent actions (2025): Drafts undergoing input/proofing, final drafter review, legal review, and editorial steps; draft in Assembly as of February 2025.
- No final passage or committee action dates are listed in the provided information.
Potential implications and considerations
- Pros: Greater consistency with statutory definitions; potential reduction in ambiguity and litigation stemming from definitional interpretations in rules.
- Cons: Possible slowing of rulemaking if statutory definitions are not readily available or require legislative action to update; increased reliance on statute to define terms could necessitate more frequent statutory amendments.
- Transitional questions: How existing rules with definitions would be reconciled; what counts as a “definition” versus a mere description of terms.
Next steps to watch
- Await the full text to confirm exact language, scope, and any exceptions or phased implementation.
- Monitor committee hearings and amendments in the Assembly for details on enforcement, penalties, and transition provisions.
Compiled from official sources — confirm details with the bill’s official record.
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