Kansas REINS Act Overrides Governor’s Veto

Government accountability advocates recently scored a major victory with the passage of House Bill 2648 in Kansas. The Regulations from the Executive In Need of Scrutiny (REINS) Act would require the Kansas Legislature to ratify any executive branch regulation estimated to cost more than $1 million over a five-year period.

Although Democratic Gov. Laura Kelly originally vetoed the bill, the state Senate rejected it by a vote of 27 to 12.

The REINS Act, however, is not as radical as opponents fear. If the measure fails to pass the Legislature, agencies could potentially still implement it if they reassess costs to fall below the $1 million threshold over five years.

The main advantage of the Act is that it will contribute to the creation of an “office-free” environment in which NO passing regulations is the default. The major rules that get passed will be the result of compromise and deliberation in the state legislature, and that’s how government should work.

The bill would also impose another check on the state’s executive branch and the unelected bureaucrats who run it. Now that elected officials can vet potentially burdensome regulations and make sure rules are necessary before they are passed, it will be harder for government agencies to run every aspect of business in Kansas.

William Wilk, senior director of government affairs for the Kansas Chamber of Commerce, shared that view.

“Businesses want the government to stay out of their way and let them do their job, and if the government is proposing new regulations, it’s just an extra check to make sure those regulations don’t create an unnecessary burden on businesses.”

Kansas is not the first state to pass a REINS law at the state level. Florida, Wisconsin and Indiana have adopted ratification requirements for laws with annual cost thresholds ranging from $1 million to $10 million.

The bills are state-level versions of the Regulations from the Executive in Need of Scrutiny Act, introduced in the House by Rep. Kat Cammack (R-FL) and in the Senate by Sen. Rand Paul (R-KY). At the federal level, the REINS Act would require congressional approval for major legislation, which is defined as having an estimated economic impact of more than $100 million. This provision would strengthen the separation of powers, a step that has become increasingly necessary as the executive branch receives unconstitutional legislative and judicial authority from Congress.

The REINS Act has now passed the House of Representatives and been introduced in the Senate.

If the U.S. Senate and other states follow Kansas’ lead, House Bill 2648 could prove to be a success not only for Kansans, but for all Americans.

More information on the federal REINS Act can be found in this CEI white paper.