HB 2476 Gives Governor authority over agency rulemaking

Signed into Law

Enrolled Bill

This is an erosion of the “separation of powers” established in the Constitution. The bill is overly broad giving the Governor authority to control agency actions beyond the scope of normal executive functions. By adding “adopt by rule uniform policies or procedures applicable to multiple state agencies, boards or commissions” empowers the Governor to more easily override multiple agency actions and more quickly shift state policy based on the Governor’s political objectives. The Governor already has authority inherent in the executive branch to direct agency functions in a variety of ways, and the law already allows agencies to “make reasonable rules and regulations that are necessary or proper for the administration of the laws.”

Department of Administrative Services is created to centralize services. To broaden the authority would mean less local control. Whenever government broadens its powers personal choice and the free market suffers.

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