Law making powers are meant to be reserved to the legislative branch. In reality, however, regulations are made by unelected employees of the executive branch. Although these regulations may not be officially classified as laws, they are enforced as such.
In 2026, several states took concrete steps to correct this by introducing Regulations from the Executive in Need of Scrutiny (REINS) Act legislation.
The REINS Acts address this by returning legislative oversight. If a rule or regulation is estimated by an independent body to have a major economic impact, it must be approved by the legislative body before going into effect.
South Carolina and Tennessee enacted full REINS legislation, and South Dakota implemented a partial REINS bill. Several other states, including Iowa, Missouri, and Michigan, advanced similar legislation, although the bills did not ultimately make it to the governors’ desks.
States That Passed 2026 REINS Legislation
South Carolina
Gov. Henry McMaster signed South Carolina’s Small Business Regulatory Freedom Act. Among several other landmark regulatory reform measures (such as overturning judicial deference), this law includes a REINS provision, restoring legislative oversight by mandating that no regulation with an impact of $1 million or higher be enforced without the General Assembly’s consent. With its passage, South Carolina became the 15th REINS state.
Tennessee
Gov. Bill Lee signed the Regulatory Freedom Act of 2026, adding Tennessee to the list of REINS states. A full REINS Act, S.B. 2199 puts regulatory decision-making for major rules back where it belongs, in the Legislative Branch.
South Dakota
Gov. Larry Rhoden signed S.B. 133, partial REINS-style legislation granting regulatory oversight responsibility to the Interim Rules Review Committee. The Committee brings major transparency and oversight to South Dakota’s rule making process.
Missouri
H.B. 2559, Missouri’s REINS style bill, passed the House in a 103-44 vote. Unfortunately, it never received a full vote in the Missouri Senate.
Michigan
Michigan lawmakers introduced H.B. 5818, which would have made them a full REINS Act state. The bill passed the Michigan House 57-47, but was not taken up in the Senate.
Iowa
In Iowa, the House introduced a REINS bill, H.F. 2717, which they passed by 60-32. The Iowa Senate failed to take up the legislation.
Resources:
- Pacific Legal Foundation: Model State REINS Act and Backgrounder
- Pacific Legal Foundation: Legislative Oversight of Regulations: A 50-State Survey
- Ballotpedia: Overview of State REINS Laws
- Foundation for Government Accountability: Why the REINS Act?
Molly Powell is a Regulatory Senior Policy Analyst at Americans for Prosperity.
