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Administrative state 2024 legislation: Enacted legislation highlights

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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
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Enacted legislation highlights

Thirty-eight states passed 129 bills related to the administrative state.

  • 88 reduced agency power.
  • 9 increased agency power.
  • 32 did not clearly increase or decrease agency power.

Three bills of the 129 were enacted through veto overrides in states with Republican-controlled legislatures and Democratic governors. All three bills limited agency power.

Wisconsin and Arizona legislators referred ballot measures designed to reduce agency power to the August and November ballots, respectively.

Enacted legislation reducing agency power

Thirty states passed 88 bills or resolutions reducing agency power.

  • Partisan breakdown of new laws reducing agency power:
    • 13 Republican trifectas passed 44 bills (50%).
    • 10 Democratic trifectas passed 20 bills (23%).
    • 7 divided governments enacted 24 bills (27%).


The top 10 most active states in reducing agency power are shown in the chart below, shaded by their trifecta status:

Enacted legislation increasing agency power

Eight states passed nine bills increasing agency power. Here’s the partisan breakdown:

  • 4 Democratic trifectas enacted 4 bills (50%).
  • 2 Republican trifectas enacted 3 bills (25%).
  • 2 divided governments enacted 2 bills (14%).

For example, Delaware Senate Bill 161 created new roles and offices in state agencies to implement diversity and fair employment practices. Michigan Senate Bill 14 allowed state agencies to implement rules that exceed federal regulations, which had been prohibited.

Legislation enacted through veto overrides

Three of the 129 bills were enacted through a veto override. All three reduced agency authority and were enacted in divided states with Republican-controlled legislatures and Democratic governors:In Arizona, Gov. Katie Hobbs (D) vetoed a REINS-style state law, and the legislature responded by putting the law on the November 2024 ballot as a measure seeking voter approval.

  • Kansas enacted a REINS-style state law through an override.
  • Kentucky enacted two bills through an override.
    • One creates the Energy Planning and Inventory Commission and requires utilities to give notice to the commission if they are seeking to retire a coal, oil, or natural gas electric plant. The bill requires the commission to hold a hearing in the affected county and create a report and recommendation for the Public Service Commission. The bill also prohibits the governor from reorganizing the new commission.
    • The other requires legislative approval for the removal, installation, or repair of statues, art, and monuments in the state capitol building.

Ballotpedia's Administrative State Legislation Tracker

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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.

See also

v • e
The Administrative State
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Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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