State Bill of the Month — May 2024: Pennsylvania HB 2298 

HB 2298

Introduced by State Rep. Jake Banta (PA-04) in the Pennsylvania House of Representatives, this bill would prevent executive agencies from re-interpreting laws enacted by the Pennsylvania General Assembly.

Regulatory overreach is common in states that allow re-interpreting power by state executive agencies. According to Daniel Dew of the Pacific Legal Foundation, “In federal and state courts around the country, Americans often face an uneven playing field when they square off against executive agencies, thanks to doctrines that require judges to rubber stamp agency interpretations of the law…even if what the agency claims is not the most logical or well-supported interpretation.”

Administrative agencies are not policy-making bodies. Neither are bureaucrats elected by the people. A state’s legislature, on the other hand, is the proper law-making branch of the state government. Deference applies when a court accepts a state agency’s interpretation of a law that the General Assembly enacted, or a regulation pushed by the agency. When certain state laws are not entirely explicit, agency power expands greatly because of this judicial deference. Instead of relying on plain language or precedent, citizens are left uncertain, not knowing how an agency will enforce the law or interpret a statute.

It is for these reasons, among others, that the Taxpayers Protection Alliance (TPA) is proud to make Pennsylvania’s HB 2298, a bill that would prevent executive agencies from re-interpreting laws enacted by the General Assembly – introduced by State Rep. Jake Banta (PA-04) – its State Bill of the Month for May 2024.

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TPA’s State Bill of the Month for May 2024 is Pennsylvania’s HB 2298, which would prevent executive agencies from reinterpreting laws enacted by the General Assembly. The bill was introduced by State Rep. Jake Banta (PA-04). Such restrictions on executive agencies would prevent the overregulation of citizens of the Keystone State.

Background:

Allowing state agencies to interpret enacted statues as they see fit is an overstep of their delegated authority. Legislative intent is critical to properly – and fairly – enforcing laws in a state. Checks and balances of each branch of government are necessary to protect the freedoms of all citizens in society.

Were executive agencies able to seize on any vagaries to change the scope of enacted law, they would, in essence, act as both legislator and executor.

Rep. Banta expands on this principle in his analysis of the importance of this legislation:

“The principles of separation of powers need to be restored [in Pennsylvania] in order to prevent further government over-regulation and control of the people,” Banta said. “This legislation is a check and balance within the government and on the government which will lead to better results for Pennsylvanians.

HB 2298 was introduced in the Committee on State Government in the Pennsylvania House of Representatives.

HB 2298:

HB 2298 would return interpretation controls to the Pennsylvania General Assembly. This will diminish state agency power and ultimately limit the bureaucratic rulemaking of the state government. This bill will reduce regulatory burdens for the people of the state of Pennsylvania. This is why TPA is proud to make HB 2298, introduced by State Rep. Jake Banta (PA-04) in the Pennsylvania House of Representatives, its State Bill of the Month for May 2024.