The REINS Act: AFP’s Saving Grace for Business in Kansas
“We were headed towards the most harmful regulatory environment in the history of our state” describes AFP-KS State Director Elizabeth Patton. Businesses were fleeing Kansas, driven out by unelected bureaucrats who repeatedly bypassed the legislature to impose costly mandates on Kansas industry.
In a democracy, elected officials should call the shots. However, in Kansas until 2023 executive agencies with no accountability to voters took it upon themselves to bypass the legislature and impose burdensome rules and regulations on Kansas industry. These regulations often came in the form of fees or endless compliance costs that drove businesses to shut down or leave the state altogether. These agencies blindly regulated industries they knew nothing about as bureaucrats failed to consult industry leaders or consider any residual impacts of their actions. Rep. Barbara Wasinger of the 111th District in Kansas saw this and made it her mission to end bureaucratic overreach. She knew she needed the help of Americans for Prosperity (AFP).
AFP launched its fight to restore checks and balances in Kansas and propel economic growth with the Regulations from the Executive in Need of Scrutiny Act, or REINS Act, which would become model legislation for decision-makers trying to impose safeguards to protect against executive overreach.
The Consequences of Unchecked Regulatory Power
Rep. Wasinger had always been frustrated by the costly rules Kansas agencies imposed on businesses in her home state. As Vice Chair of the Joint Committee on Administrative Rules and Regulations, all mandates approved by regulatory agencies come across Rep. Wasinger’s desk, giving her a first-hand look at their unchecked power.
“Bureaucrats have become the legislators, they legislate by regulation,” expressed Rep. Wasinger.
She saw how bureaucrats repeatedly overstepped their designated authority and acted as the legislature — the only branch of government with the power to create laws. Rep. Wasinger knew something had to be done before Kansas hit a point of no return, and she needed an ally with the firepower to spark lasting change.
Americans for Prosperity REINS in Executive Overreach
Rep. Wasinger’s first call was to AFP Kansas State Director, Elizabeth Patton. She knew the AFP team had the knowledge, resources, relationships, and people on the ground to get the job done. Elizabeth was already building a statewide coalition of policy experts, principled allies in the legislature, as well as business and industry leaders who for the first time found themselves at the forefront of key conversations impacting their industry.
“What’s the point of having a state legislature when you have an executive agency that has the power to make laws, and no one is going to check them on what they’re doing?” Elizabeth asked.
With coalition partners like the Kansas Policy Institute and allies in the senate like Sen. Kellie Warren (SD-11) by their side, AFP-KS got to work drafting the REINS Act. This legislation would put the democratically elected legislature back in the driver’s seat, requiring any rule mandated by an executive agency to undergo legislative review by the House and Senate if the regulation resulted in a financial burden exceeding $1 million over five years.
“Once AFP got involved, that lightbulb went on in the Capitol for a lot of folks,” Sen. Kellie Warren emphasized. “It changed the conversation dramatically. When AFP weighs in on a bill, people listen.”
Thanks to AFP’s efforts, both chambers passed the bill with bipartisan support. However, when the REINS Act landed on Governor Laura Kelly’s desk, she vetoed it, stopping the bill in its tracks. AFP was determined to override the veto. As a last-ditch effort to drive REINS over the finish line, the coalition leaned on its allies in the House and Senate to amplify stories of industry leaders and their pleas for change.
Despite the fact that AFP was missing some of their key allies in the Statehouse during the vote, they were still able to generate enough support to trigger a veto override, passing the REINS Act and restoring good governance.
Today, the Kansas REINS Act is model legislation for other states trying to impose similar caps when it comes to regulating industry. Kansas is only the third state in the nation to pass REINS. AFP is currently working to implement the REINS Act across states and at the federal level.
