The importance of reining in administrative overreach
Update from Rep. Marianne Proctor: Kentucky’s constitution is abundantly clear that the authority to make laws for the Commonwealth is vested in the state legislature. It was important to its writers that the duly-elected members of the Kentucky House and Senate make the state’s laws, determine the duties and services of the government, provide for their execution, and levy taxes and appropriate funds. The legislature is elected to set public policy for the state, and we are held accountable for our actions by voters at each and every election.
However, over the years and through the administrations of multiple governors, countless policies have been implemented by unelected individuals who work for state agencies and programs. These policies are referred to as administrative regulations and often hold the power of law but lack the democratic safeguards of transparency, debate, and public input that are built into the legislative process. Lawmakers elected by the people, not government employees, should be responsible for making laws because they are elected by the people and directly accountable to their constituents. When unelected agencies impose regulations with the force of law, they bypass the checks and balances that prevent overreach and unintended consequences.
Kentucky taxpayers bear the financial burden of costly administrative regulations that are implemented without sufficient legislative oversight. This session, House Bill 6 (HB 6) and Senate Bill 23 (SB 23) represent critical efforts to rein in the unchecked power of administrative agencies, ensuring that regulatory decisions are made with accountability and transparency. They are both aimed at protecting Kentuckians from excessive costs and unnecessary burdens, while promoting economic growth and restoring the constitutional balance of power between the legislative and executive branches. SB 23 passed into law earlier this session and HB 6, dubbed the Kentucky Regulations from the Executive in Need of Scrutiny (REINS) Act, cleared the House on February 28.
The problem with unchecked administrative regulations: Administrative regulations are necessary for implementing laws. However, they can often lead to unintended consequences when agencies are allowed to create rules without proper scrutiny. In many cases, these regulations impose overly burdensome requirements on individuals and heavy costs on taxpayers and businesses, while discouraging investment. Without clear checks and balances, administrative agencies have the power to establish costly mandates that do not undergo the same process as traditional legislation. Essentially, they are able to make laws without lawmaking.
HB 6 and SB 23 directly address this issue by requiring increased oversight of administrative regulations. These bills ensure that new regulations undergo thorough review to determine their economic impact, necessity, and alignment with legislative intent. By doing so, they prevent agencies from enacting rules that result in excessive costs without legislative accountability.
Protecting Kentucky taxpayers: One of the most pressing reasons to support HB 6 and SB 23 is the financial impact that unchecked regulations have on Kentuckians. Many regulations increase the cost of goods and services, drive up operational expenses for small businesses, and lead to higher prices for consumers. When agencies implement costly mandates without legislative approval, taxpayers ultimately foot the bill.
For example, regulatory overreach in areas such as energy, healthcare, and business licensing can lead to increased costs that burden working families. These unnecessary expenses place an additional strain on the economy, making it harder for businesses to thrive and for residents to afford essential services. By implementing stronger legislative oversight, HB 6 and SB 23 ensure that new regulations are justified, fiscally responsible, and truly serve the public interest.
Restoring legislative authority: Administrative agencies have expanded their authority beyond their original purpose, enacting regulations that function as laws. Elected officials understand the needs of their communities and can weigh the economic and social impact of new policies before enacting them. Government employees, on the other hand, may create rules based on narrow expertise or, in some instances, political agendas rather than broad public interest. HB 6 and SB 23 reaffirm the role of the Kentucky General Assembly in lawmaking by requiring agencies to seek legislative approval for regulations that impose significant economic burdens. This shift restores the constitutional principle of separation of powers, ensuring that the creation of laws remains within the purview of the elected legislative body rather than being delegated to administrative agencies.
All three branches of our government have clear and distinct duties and authority. The people of Kentucky expect us to work together, but also to hold each other accountable as we strive to serve them. Both HB 6 and SB 23 are important to ensuring that happens.