Kentucky Legislative Review of Administrative Regulations Amendment (2018)
| Kentucky Legislative Review of Administrative Regulations Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic State legislatures measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Kentucky Legislative Review of Administrative Regulations Amendment was not on the ballot in Kentucky as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have authorized the Kentucky General Assembly to establish a process to review any state executive administrative regulation and approve or disapprove the regulation. The measure would have allowed the legislature, or a committee established by the legislature, to review, approve, or disapprove regulations while lawmakers were in session or between sessions.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | Do you agree that a government regulation issued without the final approval of the General Assembly may be voided by the General Assembly, or an agency or committee it creates or designates?[2] | ” |
Constitutional changes
The measure would have amended Section 29 of the Kentucky Constitution. The following underlined text would have been added:[1]
The legislative power shall be vested in a House of Representatives and a Senate, which, together, shall be styled the "General Assembly of the Commonwealth of Kentucky." Included within this power is the authority to establish by general law a process permitting the General Assembly, or an agency or committee of its own members that it creates or designates, to review, approve, or disapprove any administrative regulation of an officer or agency of the executive department during or between regular sessions of the General Assembly. An administrative regulation disapproved under this section shall be void and unenforceable.[2]
Support
Supporters
Officials
The following officials sponsored the amendment in the state legislature:[3]
- Rep. Kenny Imes (R-5)
- Rep. Scott Wells (R-97)
- Rep. C. Wesley Morgan (R-81)
- Rep. James Tipton (R-53)
- Rep. Ken Upchurch (R-52)
Arguments
- Rep. Kenny Imes (R-5), the amendment's lead sponsor, stated, "During discussions in the past, people have expressed concerns regarding upsetting checks and balances between the branches of government. It is important to remember that the Legislative Branch is constitutionally empowered with enacting the laws of this commonwealth, not the Executive Branch, and not the Judicial Branch. It is the Legislative Branch that grants the Executive Branch the authority to promulgate regulations to carry out the laws we have passed."[4]
Opposition
Arguments
- Rep. Phil Moffett (R-32), the only House Republican to vote against the amendment, said the measure "opens the door to us not being a part-time legislature."[4]
Path to the ballot
- See also: Amending the Kentucky Constitution
In Kentucky, a constitutional amendment must be passed by a 60 percent vote in each house of the Kentucky State Legislature during one legislative session.
A group of five Republican state representatives pre-filed the constitutional amendment as House Bill 10 (HB 10) on June 27, 2017, for the 2018 legislative session. On February 8, 2018, the Kentucky House of Representatives voted 68 to 22 with eight members not voting to approve the amendment. As there were two vacant seats at the time of the vote, the amendment needed the support of at least 59 representatives.[3] The amendment did not receive a vote in the Kentucky State Senate before the 2018 legislative session was adjourned.
| Vote in the Kentucky House of Representatives | |||
| Requirement: Three-fifths (60 percent) vote of all members in each chamber | |||
Number of yes votes required: 59  | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 68 | 22 | 8 |
| Total percent | 69.39% | 22.45% | 8.16% |
| Democrat | 8 | 21 | 7 |
| Republican | 60 | 1 | 1 |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Kentucky General Assembly, "House Bill 10," accessed February 9, 2018
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 Kentucky General Assembly, "HB 10 Overview," accessed February 9, 2018
- ↑ 4.0 4.1 Kentucky Today, "House lawmakers approve proposal on administrative regulations," February 8, 2018
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