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Kentucky REINS-style state law

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What is a REINS-style state law?

REINS-style state laws refer to state laws in the spirit of the federal Regulations from the Executive in Need of Scrutiny (REINS) Act that require legislative approval of proposed state agency rules with associated costs in excess of a certain monetary threshold. REINS-style state laws aim to give state legislators the preemptive authority to halt the initial enactment of certain administrative regulations.

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The Kentucky REINS-style state law (House Bill 6) is a REINS-style state law enacted by the Kentucky General Assembly on March 27, 2025, over the veto of Kentucky Governor Andy Beshear (D) that requires legislative approval of rules with implementation and compliance costs of $500,000 or more over a two-year period.[1]

REINS-style state laws refer to state laws in the spirit of the federal Regulations from the Executive in Need of Scrutiny (REINS) Act. These laws require legislative approval of proposed state agency rules that carry associated costs in excess of a certain monetary threshold.

The Kentucky REINS Act includes the following provision:[1]

“

(1) Except as provided in subsection (2) of this section, after March 31, 2025, an administrative body shall not file or promulgate, or have power or authority to promulgate, any new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing regulation, or administrative regulation repealing an existing regulation.

(2) Notwithstanding subsection (1) of this section, an administrative body shall have authority to promulgate a new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing administrative regulation if the administrative body is given statutory authority to promulgate administrative regulations in a particular subject matter and certifies in the administrative regulation that the administrative regulation:
(a) Will not have a major economic impact;
(b) Is an emergency administrative regulation that must be put into effect immediately to meet an imminent threat to public health, safety, or welfare;
(c) Is necessary to prevent the loss of federal or state funds;
(d) Is necessary to meet a deadline that is established by federal law, federal regulation, or state law;
(e) Is necessary to comply with a final order from a court of competent jurisdiction; or
(f) Relates to the licensure and regulation of health facilities and services pursuant to KRS Chapter 216B.[2]

”

Background

See also: Rulemaking, REINS Act

The federal REINS Act, which the Kentucky state version was modeled on, was initially designed by Tea Party activist Lloyd Rogers in 2009. Rogers contacted former U.S. Representative Geoff Davis (R-Ky.) to propose legislation requiring that "all rules, regulations, or mandates that require citizens, state or local government financial expenditures must first be approved by the U.S. Congress before they can become effective." The proposal was incorporated into the Republican Party's Pledge to America legislative agenda leading up to the 2010 election cycle and was later introduced as legislation. It has since been introduced in the 112th Congress (2011-2013) through the 118th Congress (2023-2025).[3][4]

Legislative history

The REINS Act was introduced into the Kentucky House of Representatives on February 14, 2025, by the Committee on Committees as House Bill (HB) 6. After passing the state house on February 28, 2025, and the state senate on March 13, 2025, HB 6 was vetoed by Governor Andy Beshear (D) on March 24, 2025. The Kentucky General Assembly voted on March 27, 2025, to override the governor's veto.[1]

Below is an abbreviated timeline of the legislative history of the Kentucky REINS Act:[1]

  • February 14, 2025: HB 6 was introduced to the Kentucky House of Representatives by the Committee on Committees and referred to the committee.
  • February 26, 2025: The committee released a report recommending passage of HB 6 as amended by the committee.
  • February 28, 2025: The bill passed the Kentucky House of Representatives as amended with a vote of 75-19.
  • March 4, 2025: The bill was referred to the Senate Committee on Committees.
  • March 13, 2025: The bill passed the Kentucky State Senate with a vote of 29-6.
  • March 24, 2025: The bill was vetoed by Governor Andy Beshear (D).
  • March 27, 2025: The House voted to override the governor's veto with a vote of 80-20 and the Senate voted to override the governor's veto with a vote of 31-7.

Provisions

The sections below contain a series of quotes explaining the major provisions of the law. The quotes outline the proposed changes in the law that impact the process for adopting administrative rules and regulations.[1]

Economic impact

The following section outlines the bill's definition of "major economic impact":[1]

“ "Major economic impact" means the combined implementation and compliance costs of an administrative regulation are at least five hundred thousand dollars ($500,000) over any two-year period[2] ”

Rulemaking authority

The following section outlines rulemaking authority under the bill:[1]

“

(1) Except as provided in subsection (2) of this section, after March 31, 2025, an administrative body shall not file or promulgate, or have power or authority to promulgate, any new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing regulation, or administrative regulation repealing an existing regulation.

(2) Notwithstanding subsection (1) of this section, an administrative body shall have authority to promulgate a new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing administrative regulation if the administrative body is given statutory authority to promulgate administrative regulations in a particular subject matter and certifies in the administrative regulation that the administrative regulation:
(a) Will not have a major economic impact;
(b) Is an emergency administrative regulation that must be put into effect immediately to meet an imminent threat to public health, safety, or welfare;
(c) Is necessary to prevent the loss of federal or state funds;
(d) Is necessary to meet a deadline that is established by federal law, federal regulation, or state law;
(e) Is necessary to comply with a final order from a court of competent jurisdiction; or
(f) Relates to the licensure and regulation of health facilities and services pursuant to KRS Chapter 216B.[2]

”

Noteworthy events

Kentucky General Assembly overrides Gov. Andy Beshear's (D) veto to enact REINS-style state law (March 2025)

On March 27, 2025, both chambers of the Kentucky General Assembly voted to override Gov. Andy Beshear's (D) veto of House Bill 6. House Bill 6 classified rules estimated to cost $500,000 or more over two years as having a major economic impact. HB 6 prohibits agencies from promulgating rules but provides a variety of exceptions, including for rules without a major economic impact. Because of an emergency clause, HB 6 went into immediate effect. Beshear filed suit on March 28, 2025, to block it.[1]


State legislation related to REINS-style state laws

The map and table below show REINS-style legislation and legislation designed to establish a cost analysis threshold for legislative oversight since 2024. Click here to view the legislation in Ballotpedia's Administrative State legislation tracker and explore by bill status, provision details, sponsors, and more.

Scroll through the table below and click on each bill in the table to see details. Click here to view the legislation in Ballotpedia's Administrative State legislation tracker and explore by bill status, provision details, sponsors, and more.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Kentucky General Assembly, "House Bill 6," accessed May 23, 2025
  2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ The Jackson Sun, "We were never closer to seeing REINS Act become law," January 4, 2017
  4. ↑ Boston Herald, "Smith: Congress can regain power with REINS," January 6, 2017
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