By BRENT MARTIN
St. Joseph Post
Kansas voters will decide whether the legislature should have more power to overturn rules and regulations devised by state agencies.
Question One is a Constitutional Amendment on the November 8th ballot in Kansas.
Americans for Prosperity of Kansas supports the measure with Legislative Director Michael Austin arguing the power of state agencies is growing without accountability.
“If we take a step back, let’s remember our Civics 101,” Austin tells KFEQ/St. Joseph Post. “We’re supposed to have three branches of government, all accountable to the people: the legislature, the executive, the judicial branch. But, over time here in Kansas, there’s been a growing fourth branch and that’s the rules and regulations branch.”
If passed, the amendment would allow the Kansas legislature to overturn a rule or regulation that it deems has gone beyond legislative intent with a simple majority.
At present, the legislature can only overturn an agency action with a two-thirds vote.
Austin says the legislature now has little recourse if a state agency issues regulations contrary to its wishes.
“Currently, if the legislature wanted to remove a regulation, they would need to pass a veto-proof majority to get that done and that’s not right,” according to Austin. “A regulation or a rule is not the same thing as a law passed by the legislature.”
Austin says Question One would check the growing power of Kansas state agencies.
“Sometimes it’s by the governor, sometimes it’s not,” Austin says. “But it really doesn’t matter who’s in office. If you follow the Kansas Constitution, the governor or the executive branch is supposed to enforce the law, right, not make the laws. And so, it doesn’t matter who’s in play, whether it’s a Democrat or a Republican, that power should ultimately rests within the legislature.”
Austin says some state agencies have issued regulations that go beyond the legislature’s intent. He says some have even issued regulations contrary to legislative intent.
Click HERE for Americans for Prosperity - Kansas website.