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Minutes for HCR5014 - Committee on Judiciary

Short Title

Proposing a constitutional amendment that provides for legislative oversight of rules and regulations adopted by executive branch agencies and officials.

Minutes Content for Mon, Mar 22, 2021

Chairperson Patton opened the hearing on HCR5014.  Natalie Scott provided an overview of the bill. (Attachment 9) Ms. Scott stood for questions.

Proponents

Derek Schmidt (Attachment 10) stated the proposal before the committee today would amend the Kansas Constitution by granting the Legislature the authority to establish a process by which the Legislature could suspend or revoke rules and regulations issued by executive branch agencies or officials.  This procedure could be done through a concurrent resolution, without requiring presentment to the Governor.  The proposed amendment is permissive, not mandatory, and if it were adopted by Kansas voters, then implementing legislation would be necessary to bring it into effect.

Alan Cobb (Attachment 11) stated HCR5014 is a proposed constitutional amendment that would restore checks and balances between the legislative and executive branches of government by allowing Kansas voters to decide whether the legislature shall have the authority to "establish procedures to revoke or suspend rules and regulations."

Elizabeth Patton (Attachment 12) stated over the past few decades, legislatures at all levels of government have gradually given broad authority to regulatory agencies to not only carry out the law, but also to create it.  This has created an imbalance of power in an otherwise balanced system.  In order to restore the checks and balances that ensure a representative government for all Americans and to reduce burdensome regulatory accumulation, legislatures must reclaim their authority over the lawmaking process.  Legislative accountability helps to reduce unnecessary, outdated, duplicative, and particularly costly regulations.  Ms. Patton believes the successful passage of this Constitutional Amendment can open a path to significantly reduce red tape and compliance costs by allowing both regulators and the regulated community to focus on legitimate rules that protect the public.

Ron Seeber (Attachment 13) stated this resolution seeks to make positive changes to the regulatory system in Kansas by providing oversight of proposed regulations by Legislators directly elected by the residents of Kansas.  Mr. Seeber and the agencies he represents stand in strong support of HCR5014 and would ask the committee to pass the measure out favorably.

Aaron Popelka (Attachment 14) explained the Kansas Livestock Association believes that HCR5014 would provide a simpler remedy than rewriting the statute, and less costly remedy than filing a judicial action.  HCR5014 would simply allow both houses of the legislature, by a majority vote, to revoke a regulation that exceeded statutory intent.

All of the proponents who testified in person, stood for questions.

Proponents Written

  • Shahira Stafford, Kansas Cooperative Council (Attachment 15)
  • Alex Orel, Senior Vice President, Government Relations, Kansas Bankers Association (Attachment 16)

Being no other individuals who wished to testify, Chairperson Patton closed the hearing on HCR5014.