Legislation Aims To Keep State Agencies From Overstepping Their Authority

A House committee Tuesday approved legislation that proponents say will help ensure state agencies don’t overstep their rulemaking authority.  But, opponents argue the bill will prevent agencies from enacting much-needed protections.

Warsaw Republican Rep. Dave Wolkins’ bill would add a new step to the state’s rulemaking process.  When agencies propose a rule, the legislature’s research bureau known as LSA will review each measure to determine whether the General Assembly or the federal government gave the agency authority to make that rule.  If not, LSA will alert lawmakers, the agency and the Attorney General’s office, which finalizes all state regulations. 

The bill doesn’t give LSA the ability to halt the process; the agency could still move forward.  But Wolkins says LSA’s role would allow lawmakers to know if an agency is exceeding its authority before a rule is finalized.

“Gives us a red flag up front as opposed...when you go in and correct things after the fact, it costs a whole lot more money to do it,” Wolkins said. 

But opponents, including the Hoosier Environmental Council and the Citizens Action Coalition, say restricting agencies to only making rules when specifically authorized by state law or federal regulations will tie the hands of regulators.  And they say the bill’s language is too vague, likely leading to plenty of lawsuits.