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SF 2063

Specific authority in law for rulemaking requirement

2025-2026 Regular Session Introduced by Jeff Howe

Requires state agencies to have explicit statutory authority for each rule they adopt, rather than relying on general rulemaking delegations.

Referred to State and Local Government
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Bill Summary · SF 2063

Legislative bill overview

SF 2063 requires that any state agency rule must have specific statutory authority explicitly authorizing the agency to adopt that particular rule. Currently, agencies can operate under general grants of rulemaking authority. This bill would tighten the connection between legislative authorization and agency regulatory action by requiring a direct link to specific statutory language.

Why is this important

This addresses a long-standing debate about regulatory scope and legislative intent. Agencies currently interpret broad statutory mandates to create detailed rules covering situations legislators may not have specifically contemplated. This bill would shift power back toward the legislature by requiring clearer, more explicit delegations of rulemaking authority, potentially reducing regulations but also limiting agency flexibility in addressing unforeseen circumstances.

Potential points of contention

  • Regulatory gridlock: Requiring specific statutory authority for each rule could slow agency responses to emerging problems, public health crises, or technological changes that weren't contemplated when statutes were written
  • Legislative workload: This effectively requires the legislature to be more prescriptive and detailed in every statute, significantly increasing legislative drafting burden and potentially making laws harder to update
  • Agency expertise vs. democratic accountability: Agencies employ subject-matter experts who can develop nuanced rules, but this bill prioritizes explicit legislative authorization over specialized knowledge, raising questions about which approach better serves public welfare

Compiled from official sources — confirm details with the bill’s official record.

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