Kansas’ Attorney General and six lawmakers are proposing an amendment to the Kansas Constitution.
Their goal is make sure there is enough legislative oversight of unelected officials. As it stands now, rules and regulations with the force of law can be put in place, and elected officials have no way of repealing or suspending the rules.
Attorney General Derek Schmidt joined with Senate President Ty Masterson (R–Andover), House Speaker Ron Ryckman (R–Olathe), Senate Vice President Rick Wilborn (R–McPherson), House Speaker Pro Tem Blaine Finch (R–Ottawa), Senate Majority Leader Gene Suellentrop (R–Wichita) and House Majority Leader Dan Hawkins (R–Wichita) in proposing the measure.
“Our system of government requires checks and balances,” Schmidt said. “This proposal would check the power of the ever-growing administrative state by making sure the final power to make law rests where it should – with the people’s elected representatives in the Legislature – and restore balance by requiring real accountability for rules, regulations and executive orders.”
Before 1984, Kansas lawmakers had the ability to step in and change regulations put in place by executive branch officials, but it was ruled unconstitutional by the Kansas Supreme Court. The constitutional amendment proposed today, if approved by two-thirds of the members of each house of the Legislature and adopted by Kansas voters, would renew that legislative oversight authority in Kansas.
“The principle of limited government requires checks and balances between equal branches where Kansans are ultimately in charge,” Masterson said. “This proposal accomplishes that by ensuring the ultimate power over rules and regulations rests with the people, expressed through their elected representatives in the Legislature.”
“Our government was built on the premise of three separate, but equal branches,” Ryckman said. “But, in recent years, a fourth branch of government has continued to grow unchecked. That is the unchecked power of unelected agencies to make binding rules and regulations outside the law.”
“I believe the people of Kansas expect that rules and regulations, which have the force of law, should be reviewable by their representatives in Topeka,” Wilborn said. “This proposal is a common-sense step which ensures proper checks and balances and that the voice for the people is heard. I thank the Attorney General for proposing this important amendment.”
“Since 1984, thousands of new rules and regulations have been imposed on Kansans through this unchecked power,” said Finch. “While many of those rules may be fair and necessary, others may need more oversight to ensure our state government is not placing an unfair and undue burden on our families and our livelihoods. It’s time to restore oversight as Kansans had intended.”
“Rules and regulations have an impact on how Kansans operate their businesses and go about their daily lives, and they should have a say in their implementation through their elected representatives in the Legislature,” Suellentrop said. “This proposal would achieve that purpose.”
“This amendment would give Kansans the ability to vote on whether they want to restore oversight authority of the rule-making and regulatory process through our state constitution,” Hawkins said. “I applaud General Schmidt’s efforts to empower the people of Kansas.”
If approved, Kansas voters would see the proposed amendment on the general election ballot in 2022.
