Kansas House Bill HB2222

Kansas 2023-2024 Regular Session

• Introduced: 1/30/23
• Refer: 1/30/23
• Failed: 4/30/24

Caption

Prohibiting the enforcement of federal rules or regulations and the promulgation of state rules and regulations to carry out such enforcement without legislative approval.

Impact

If enacted, HB2222 will significantly alter the interaction between state and federal authorities. It would require state agencies to seek legislative consent before enforcing any federal regulation, effectively granting the legislature a gatekeeping role concerning federal mandates. This could lead to delays in the enforcement of vital regulations that address issues such as public health and safety, as state agencies may have to adjust their operations to meet the requirements set out in this bill. By reinvigorating the 10th Amendment, the bill emphasizes states' rights, restricting the autonomy of state agencies in matters related to federal laws.

Summary

House Bill 2222 aims to solidify the sovereignty of the state of Kansas by mandating that any federal rules or regulations cannot be enforced within the state unless explicitly approved by the state legislature. This legislation is rooted in the belief that the federal government should not infringe upon the powers reserved to the states under the Tenth Amendment of the U.S. Constitution. The bill places considerable restrictions on state departments and agencies, preventing them from executing federal regulations unless they navigate through the legislative approval process.

Contention

The bill has sparked notable debate among lawmakers and advocacy groups. Proponents argue that it protects state rights and safeguards against federal overreach, ensuring that local needs are prioritized over federal mandates. However, opponents argue that this bill could lead to a governance gap where critical regulations necessary for public welfare may go unenforced due to legislative inaction or political gridlock. Critics also express concern over its potential to inhibit the state's responsiveness to urgent federal regulations, potentially risking public health and safety.