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Committee expands tools to void "unnecessary" rules; Administrative Rules Committee bill passes
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Summary
House Bill 1368, which would add 'absence of necessity' and 'absence of reasonableness' as grounds to void administrative rules and change the test language, passed the Political Subdivisions Committee after sponsor and members argued it clarifies the committee's oversight authority.
Representative Ben Koppelman presented House Bill 1368 to the House Political Subdivisions Committee as a measure to provide clearer standards the Administrative Rules Committee can use to void rules that exceed legislative intent or are "overly burdensome."
Koppelman said the bill would add "absence of necessity" and "absence of reasonableness" to the statutory grounds a committee may cite when voiding a rule and would change an "and" to an "or" in the list of defects the committee may rely on. He told colleagues the change aims to give the Administrative Rules Committee a clearer, more usable standard than the existing "arbitrary and capricious" language, which some members and staff have found difficult to apply.
Sponsor testimony emphasized judicial practice: courts reviewing administrative action will typically overturn agency action only when it is "arbitrary, capricious, unreasonable or illegal," and the sponsor said the bill aligns the committee’s statutory tools with commonly used legal standards.
Committee members discussed practical examples, including prior Human Services rules that drew concern from rural ambulance services and other licensing boards. Representative Koppelman said the intent is not to turn the committee into a "mini legislature" but to enable it to carve away overly burdensome rule provisions and require agencies to justify their choices.
Committee discussion also addressed procedural language and committee practice; Representative Koppelman and Legislative Counsel worked on cleanup wording to address how the committee amends or voids rule portions, and members adjusted one section in committee form and style. After discussion, Representative Maschmacher moved and Representative Polinski seconded a motion to give the bill a "do pass" recommendation as amended. The committee voted to pass House Bill 1368 as amended, with the roll call recorded as 11 yeas, 0 nays, 2 absent (not voting).
Ending: The committee reported House Bill 1368 as amended with a do‑pass recommendation; Representative Balinski agreed to carry the bill to the floor.
