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Administrative state 2024 legislation: Noteworthy topics and bills
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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| Click here to access Ballotpedia's administrative state legislation tracker. |
Noteworthy topics and bills
REINS-style acts
What does it do?
The Regulations from the Executive in Need of Scrutiny Act, also known as the REINS Act, is a legislative proposal at both the federal and state levels requiring legislative approval of agency regulations with certain financial or economic impacts before the regulations become effective.
REINS-style proposals are within the legislative pillar of the administrative state. They are designed to increase legislative oversight of and involvement in administrative agency rulemaking.
How many were tracked?
Nine states considered 12 different REINS-style bills or resolutions in 2024.
Two were enacted in Indiana and Kansas, and one was vetoed in Arizona. The Arizona Legislature, however, put a REINS-style law on the ballot after Gov. Katie Hobbs (D) vetoed it.
Indiana Senate Bill 4 requires legislative approval for agencies to promulgate rules with an economic impact of $1 million or more over two years. Indiana is a Republican trifecta.
Kansas House Bill 2648 requires legislative approval for a rule with compliance or implementation costs of over $1 million in the initial five-year period following the adoption of the regulation. Kansas has a divided government. The Republican-controlled legislature voted to override Gov. Laura Kelly’s (D) veto.
Arizona Senate Concurrent Resolution 1012 referred a measure to the November 2024 ballot for voter approval. If voters approve the measure, proposed rules estimated to increase regulatory costs by more than $500,000 over five years will need legislative ratification to take effect.
- Gov. Katie Hobbs (D) vetoed similar bills in 2023 and 2024. A veto override requires a two-thirds (66.67%) vote in Arizona. Republicans hold a 53% majority in the Senate and a 52% majority in the House.
- The Arizona Legislature can place a measure on the ballot with a simple majority vote in each chamber and without the governor's signature.
Status of 2024 REINS legislation
- Signed into law - 1
- Veto overridden - 1
- Referred to the ballot - 1
- Vetoed - 1
- Not approved - 8
Judicial deference
What does it do?
Judicial deference, in the context of administrative law, applies when a court yields to an agency's interpretation of law. The level of deference that state or federal courts give to agency rules can be set by law or through precedent from previous court rulings. Laws can require a certain level of deference or they can require de novo judicial review of agency actions or rules without deference to a previous interpretation of the underlying statute.
How many were tracked?
Eight states considered eleven bills in 2024 designed to limit judicial deference to administrative agencies and require de novo review of agency rules. Six states were Republican trifectas, and two were Democratic trifectas.
Three of the eleven bills were enacted in Idaho, Indiana, and Nebraska, which were Republican trifectas.
Status of 2024 judicial deference bills
- Enacted - 3
- Vetoed - 0
- Veto overridden - 0
- Not approved - 8
Regulatory budgets and regulatory sandboxes
What does it do?
The term regulatory budget refers to policies limiting the cost that agencies can impose through rulemaking. Regulatory budgets often include deleting a certain number of rules or regulations for each new one created.
Regulatory sandboxes are legal frameworks that exempt new businesses from certain regulations, usually for a specified amount of time, to test themselves in the market.
How many were tracked?
28 states considered 54 bills designed to introduce regulatory budgets or significantly reduce agency regulations. Eight were enacted, with two from Utah, two from Hawaii, and one each from Rhode Island, North Carolina, Indiana, Louisiana, and Missouri. Five of the bills came from Republican trifectas, three came from Democratic trifectas, and one came from a divided government. Six bills had Republican sponsorship, one had Democratic sponsorship, and two had bipartisan sponsorship.
Status of 2024 regulatory reduction bills
- Enacted - 9
- Vetoed - 0
- Veto overridden - 0
- Not approved - 45
Post-Chevron regulation review in Utah
What does it do?
Utah House Bill 470 requires state agencies to review federal regulations that impact them, particularly where Chevron deference was applied, and report them to the attorney general.
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.
