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Administrative state 2024 legislation: Enacted legislation by pillar
August 16, 2024
By Ballotpedia staff
| Administrative State |
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| Five Pillars of the Administrative State |
| •Agency control • Executive control • Judicial control •Legislative control • Public Control |
| Click here for more coverage of the administrative state on Ballotpedia.
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| Click here to access Ballotpedia's administrative state legislation tracker. |
Enacted legislation by pillar
Administrative agency actions can be understood according to how they interact with the three branches of government, the public regulated by the agencies, and each other, which we call the five pillars of the administrative state. Some legislation concerns multiple pillars.
The chart below shows how many of the enacted bills and resolutions in each pillar increased agency power, decreased agency power, or had no clear net effect one way or the other.
- Legislative pillar - the interplay between agencies and lawmakers and the related reform proposals and legal doctrines, including the nondelegation doctrine
- 42 of this year's approved bills and resolutions across 21 states were in the legislative pillar. Thirty-three in 17 states decreased agency power.
- 8 Republican trifectas
- 5 Democratic trifectas
- 4 divided governments
- These included legislative oversight reforms, such as REINS acts and sunset review acts.
- Two states, Kansas and Indiana, passed bills with REINS-style provisions.
- Arizona legislators referred a measure to the ballot that would implement REINS-style provisions if passed by voters in November.
- 42 of this year's approved bills and resolutions across 21 states were in the legislative pillar. Thirty-three in 17 states decreased agency power.
- Judicial pillar - interplay between agencies and the courts, including the level of judicial deference given to agency rules
- 9 of the approved bills were in the judicial pillar, and eight decreased agency power.
- Three Republican trifectas, Idaho, Indiana, and Nebraska, passed bills to prohibit judicial deference to agency interpretations, requiring courts to hear cases challenges to agency actions de novo.
- Executive pillar - interplay between agencies and the executive branch, including executive control of appointment and removal
- 20 of the approved bills were in the executive pillar across 12 states. Fourteen across eight states decreased agency power.
- 4 Republican trifectas
- 3 Democratic trifectas
- 1 divided government
- Utah passed a bill to require the governor to review agencies one year after creation to gauge their efficacy and to authorize the governor to deactivate and reactive boards.
- 20 of the approved bills were in the executive pillar across 12 states. Fourteen across eight states decreased agency power.
- The regulated - how agencies relate to the people and organizations subject to their rules, including procedural rights, enforcement, and adjudication.
- 44 of the approved bills were in the regulated pillar across 19 states. Twenty-eight across 15 states decreased agency power.
- 6 Republican trifectas
- 4 Democratic trifectas
- 5 Divided governments
- This legislation included:
- creating regulatory sandboxes for startup businesses,
- removing permitting or licensing restrictions,
- establishing approval time limits or automatic approval for permit applications, and
- public notice and commentary requirements.
- 44 of the approved bills were in the regulated pillar across 19 states. Twenty-eight across 15 states decreased agency power.
- Agencies - the dynamics among agencies and sub-agencies
- 28 of the approved bills were in the agency dynamics pillar across 19 states. Twelve across nine states decreased agency power.
- 3 Republican trifectas
- 3 Democratic trifectas
- 3 divided governments
- This legislation included:
- creating agencies or sub-agencies designed to audit or reduce regulations;
- creating separate agencies responsible for adjudication;
- limiting state agencies from instituting certain federal guidance, directives, or rules; and
- prohibiting state agencies from enacting regulations more restrictive than federal agency rules.
- 28 of the approved bills were in the agency dynamics pillar across 19 states. Twelve across nine states decreased agency power.
Ballotpedia's Administrative State Legislation Tracker
Keeping track of the latest administrative state developments in all 50 state legislatures with Ballotpedia's Administrative State Legislation Tracker.
Ballotpedia's Administrative State Legislation Tracker allows you to track, query, and analyze hundreds of bills and resolutions affecting the authority and influence of agencies and agency rulemaking. Whether you're watching for specific reform policies, looking for trends, or keeping up-to-date on the changes in the administrative state landscape, our administrative state legislation tracker is your easy-to-use and flexible solution.
