NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — A constitutional question is on the ballot in November that, if approved, would give the Kansas Legislature the power to overturn administrative regulations it disagrees with.
"Right now, in Kansas, there is a missing puzzle piece to making sure that Kansas is as efficient as possible when it comes to regulation," said Elizabeth Patton with AFP-Kansas. "We all know that when there are too many regulations, or there's unneccessary red tape, it can raise costs. It can make things harder for farmers, for business owners, for individuals. That's not always on purpose, but there's a missing piece in the legislative process that would allow state legislators, on their committee, to say, pause, maybe this isn't what we want to do, where the state agencies have created a law, just by making a rule."
There is a committee that would already do this, if it had the power to do so, called the Joint Committee on Administrative Rules and Regulations. Hutchinson Republican Rep. Paul Waggoner has been assigned to that committee in previous legislative sessions.
"Right now, it doesn't matter," Patton said. "I'm not even sure why that committee exists. What they would be able to do is say, pause, this might not be matching up with legislative intent. This might be overreach, this might be too costly, etc., and they get to do their jobs."
This is something pro-business groups have been working on for years, but the COVID pandemic brought forward just how much power the administrative state in Kansas now has.
"This was a bipartisan piece of legislation in the house," Patton said. "It passed two-thirds in both chambers, because it makes a lot of sense."
Both parties have reason to want regulations to have legislative oversight, so that there is an opportunity for opposition, even when the opposing party wins the governorship.
Below is the explanatory statement, as it will be on the Nov. 8 ballot and the question, as it will appear on the ballot.
Explanatory statement:
The purpose of this amendment is to provide the legislature with oversight of state executive branch agencies and officials by providing the legislature authority to establish procedures to revoke or suspend rules and regulations.
A vote for this proposition would allow the legislature to establish procedures to revoke or suspend rules and regulations that are adopted by state executive branch agencies and officials that have the force and effect of law.
A vote against this proposition would allow state executive branch agencies and officials to continue adopting rules and regulations that have the force and effect of law without any opportunity for the legislature to directly revoke or suspend such rules and regulations.”
Ballot Question:
Shall the following be adopted?
§ 17. Legislative oversight of administrative rules and regulations.
Whenever the legislature by law has authorized any officer or agency within the executive branch of government to adopt rules and regulations that have the force and effect of law, the legislature may provide by law for the revocation or suspension of any such rule and regulation, or any portion thereof, upon a vote of a majority of the members then elected or appointed and qualified in each house.