Enabling Statute

• Enabling Statute

A law that gives new or extended authority or powers, generally to a public official or to a corporation. ...

• West's Encyclopedia of American Law
• Dou–Fre

• Enforcement

Photo may be gone from Arizona highways, but its revenue is not forgotten. A bill awaiting Gov. Jan Brewer's signature will drive a stake through the heart of the state's photo program by repealing its enabling statute, while adding a court assessment to replace some of its lost revenue.

• Arizona Capitol Times
• May 02, 2011

• D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health, 96 Ohio St.3d 250 (2002)

Public health — Health districts — General Assembly has not indicated any intent through R.C. 3709.21, or otherwise, to vest local boards of health with unlimited authority to adopt regulations addressing all public-health concerns — Administrative regulations cannot dictate public policy but can only develop and administer policy already established by the General Assembly — R.C. 3709.21 is a rules-enabling statute, not a provision granting substantive regulatory authority.

• Ohio Supreme Court

• Who Should Pay for the Impact of New Development in Iowa: Developers or the Preexisting Community? Analysis of Home Builders Association of Greater Des Moines v. City of West Des Moines

A growing number of states are allowing their municipalities to impose impact fees on developers. Iowa is not one of these states. Iowa should, however, allow its municipalities to impose impact fees because when properly designed, impact fees are an equitable way for rapidly growing cities to offset the high costs imposed on the city by new development. As such, the Iowa Legislature should enact an enabling statute, giving authority to localities to impose impact fees. If this is not favored, then the Iowa Supreme Court should find implied authority in municipalities to impose impact fees under their home rule powers. In finding implied authority, the Iowa Supreme Court should adopt a more permissive view of what constitutes a valid regulatory fee.

• Iowa Law Review
• Nbr. 91-2, February 2006

• Parrish v. Ohio Real Estate Comm., (Ohio 2005)

Under the Real Estate Commission's enabling statute, the Real Estate Commission had jurisdiction to discipline a licensee even though the commission made findings regarding common law, i.e., contract law on when a commission is due and invasion of privacy concerning the licensee's monitoring ex-salespersons' voice mail.

• Ohio Supreme Court

• 23 CFR 750.708 - Acceptance of state zoning.

... be taken pursuant to the State's zoning enabling statute or constitutional authority and in accorda...

• Code of Federal Regulations - Title 23: Highways

• Clarifying the Admissibility of Dwi Chemical Test Refusals in New York: The 'Two-Hour Rule' Does Not Apply

Vehicle and Traffic Law (VTL) section 1194 establishes the procedures governing the arrest and testing of an individual suspected of driving while under the influence of drugs or alcohol. As a result of a 1970 change to the enabling statute, conflict emerged as to the current application of the two-hour rule. The original two-hour rule contained in VTL section 70(5) provided that chemical evidence of the amount of alcohol in a driver's blood was only admissible if the test was performed within two hours of his arrest. This rule, as a matter of construction, applied to the entire statute, serving as a rule of an evidentiary nature. In 1970, however, the New York legislature changed the statutory placement of the two-hour rule, relocating it from the VTL's evidentiary provision to its dee...

• St. John's Law Review
• Vol. 82 Nbr. 2, April 2008

• Nsa in the Middle

Sen. Arlen Specter, Pennsylvania Republican and chairman of the Senate Judiciary Committee, will hold hearings next month on the National Security Agency wiretap program, and has told Bush administration officials he believes they are on shaky legal ground. He has joined a group of Republicans and Democrats who have opposed the program disclosed to the New York Times by a former NSA employee. Mr. Specter really meant, however, that the program - to be "legal" in his mind - had to be done pursuant to a enabling statute, hence pursuant to congressional authorization, hence pursuant to a matter within the likely purview of his committee.

• The Washington Times
• January 19, 2006

• National Endowment for Arts v. Finley, 524 U.S. 569 (1998)

...The NEA's enabling statute contemplates a number of indisputably cons...

• U.S. Supreme Court

• Advocates Welcome Suriname's Membership in Icc

SURINAME'S ACCESSION to the Rome Statute, enabling it to become a member of the International Criminal Court (ICC), has been welcomed by the Coalition for the International Criminal Court (CICC). But the CICC is also urging the Bahamas, Grenada, Haiti, Jamaica and St Lucia, the five Caribbean Community countries that have not yet signed on to the ICC, to do so "immediately".

• Weekly Gleaner, The; North American ed.
• August 27, 2009