House committee advances bill to place state agencies under Administrative Procedures Act

The House Governmental Affairs Committee voted to advance House Bill 903 after a brief presentation and public testimony, moving the proposal to the next stage of consideration.

Representative Joe Powell, the bill’s sponsor, told the committee that HB 903 would “put all state agencies, boards, authorities and likewise under the Administrative Procedures Act,” giving legislators the opportunity to review and, where appropriate, halt agency rules. Powell said the measure is intended to restore legislative oversight and guard against regulations that “go against the whole purpose of law.”

Supporters who spoke at the committee hearing argued the change is necessary to check unelected bureaucrats. Les Schneider, speaking pro bono for his law firm, said the legislature should retain “the final say as to whether or not you think that particular regulation is a correct interpretation of the law.” Scott Turner of Eternal Vigilance Action tied the bill to recent court developments reasserting nondelegation principles, urging the committee to preserve lawmakers’ lawmaking authority.

Powell acknowledged certain carve-outs and signaled the bill would not cover the judiciary or the governor’s office proper; he also raised questions about agencies that use in-house hearing officers, singling out labor and revenue departments as examples where adjudicative practices raise fairness concerns.

A motion to pass HB 903 was made, seconded and approved by voice vote. The committee’s clerk announced the motion carried and the bill advanced.

What’s next: HB 903 will move forward in the House process for additional consideration and drafting review.