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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 Wed, Mar 2, 2022

Chairperson Warren opened the hearing on HCR5014.

Jenna Moyer, Assistant Revisor, provided an overview of HCR5014 and responded to questions from Committee members. (Attachment 2)

Jason Thompson, Senior Assistant Revisor, responded to questions from Committee members.

Elizabeth Patton testified in support of HCR5014, stating the bill will strengthen our economy for years to come and it is a great opportunity to have pro-growth reform for the state. (Attachment 3)

Eric Stafford testified in support of HCR5014, stating the bill will provide very strong regulatory reform and a strong regulatory climate for the State of Kansas. (Attachment 4)

Written only testimony in support of HCR5014 was submitted by:

  • Jackie Newland, Associate Counsel, Kansas Livestock Association (Attachment 5)
  • Alex Orel, Senior Vice President -- Government Relations, Kansas Bankers Association (Attachment 6)
  • Derek Schmidt, Kansas Attorney General, State of Kansas, Office of the Attorney General (Attachment 7)
  • Shahira Stafford, Stafford Public Affairs, LLC, on behalf of the Kansas Cooperative Council (Attachment 8)
  • Randy Stookey, Senior Vice President of Government Affairs and General Counsel on behalf of the Kansas Grain and Feed Association, Kansas Agribusiness Retailers Association, and Renew Kansas Biofuels Association (Attachment 9)
  • Jason Watkins, Watkins Public Strategies, on behalf of Wichita Regional Chamber of Commerce (Attachment 10)

Zach Pistora testified in opposition to HCR5014, stating that many of the environmental protections in place to protect our air, water, land, and our communities are promulgated by the legislature but implemented in detail through the rules and regulations level and insulated from political pressure. (Attachment 11)

Cille King testified in opposition to HCR5014, stating the bill blurs the line between the legislative and executive branches of government and will make it more difficult to administer the laws of Kansas. (Attachment 12)

Tad Kramar testified in opposition to HCR5014, stating he was a retired business and regulatory law attorney and HCR5014 would give the Kansas Legislature, by simple majority vote, sweeping authority to revoke or suspend any rule or regulation of any executive branch officer or agency. The bill would eviscerate delicate checks and balances among the three branches of government and usurp executive power to administer and enforce laws contrary to the fundamental American doctrine of separation of powers.

Further, Mr. Kramar stated, one branch should not extend its own powers to interfere with the operations of another branch. Legislative power is the power to make, amend, and repeal laws. Rules and regulations are substantially a function of administering and enforcing laws. Passing HCR5014 would micromanage and interfere with the operations of the executive branch in violation of the doctrine of separation of powers. (Attachment 13)

Conferees responded to questions from Committee members.

Chairperson Warren closed the hearing on HCR5014.

 

The meeting adjourned at 11:55 a.m.