Castaneda tells committee agency-introduced bills should be limited; proposes review test

Senator Jose Castaneda, sponsor of Senate Bill 23-49, told the State and Local Government Committee that agency and judicial branch bills have begun to encroach on the Legislature’s constitutional role and proposed statutory boundaries for agency-initiated legislation.

"The introduction of bills is a right afforded to elected legislators," Castaneda said, arguing that opening the door for agencies to introduce substantive policy shifts bypasses legislative accountability. Under his draft, agencies would submit proposed bills by early November of even-numbered years. Legislative management would screen filings and sort them into two piles: administrative 'cleanup' bills that could proceed as agency-introduced measures and substantive or appropriation bills that agencies must resubmit with a legislative sponsor.

Castaneda described the test for sorting as whether a submission reflects a "substantive policy change," defined as an alteration that renders a statute significantly different. He emphasized the bill would not ban agency or judicial filings outright but would provide statutory guidance to limit agency-initiated substantive policy changes and preserve legislative oversight.

Lawmakers asked whether the proposal would slow needed updates or duplicate work; Castaneda said the approach would reduce unintended shortcuts while allowing efficiency for genuine cleanup items. The committee accepted questions and discussion and closed the hearing on SB 23-49 for further consideration.

No final committee vote on SB 23-49 was recorded that day.