NC moves to rein in bureaucratic power with REINS Act and CON repeal
By Donna King, editor in chief of the Carolina Journal,
North Carolina is one of several states considering passage of the REINS Act, which would require that rules and regulation set by state agencies with an economic impact of $1 million or more in one year be codified by the state legislature.
While advocacy for such measure has been around for years, it is gaining traction as the curtain is pulled back at a national level on the powerful bureaucracy that runs much of our federal and state government. In the bill before the NC General Assembly, regulations undergo additional scrutiny from lawmakers if they would cost impacted businesses or consumers more than $1 million annually, or if they get at least 10 requests for legislative review. If at least 10 stakeholders object to the rule, first writing to the agency then the commission, the rule’s effective date is delayed, giving the legislature time to disapprove it.
It is time to strike while the iron is hot. Public opinion seems to be fed up with government overreach and spending. In the latest Carolina Journal poll, 51.9% of voters favor a state-level “DOGE” to improve government efficiency. More than 62% disapprove of how government agencies handled Helene response. Whether North Carolina is going the right direction or on the wrong track is tied at 38%, and more than 87% are in favor of term limits for legislative leadership positions.
Bottom line: People are suspicious of government and how it operates. This growing trend of legislative oversight is reaching a peak, as more citizens push back against regulatory overreach, forcing greater scrutiny of controversial rules.
Much of this frustration is the residual effect of COVID lockdowns. People, particularly young people and small business owners, saw shutdowns and distancing rules applied unevenly and seemingly arbitrarily. We are now seeing inevitable lawsuits over forced vaccinations and from students demanding refunds from universities that were closed during lockdowns. The cloak of authority on decision-makers in the wheels of government was pulled back in 2020. The desire to root it out will likely last for generations.
Now, the White House and the North Carolina General Assembly are moving to increase government accountability and transparency through measures like the DAVE Act (a state effort inspired by DOGE), the REINS Act, and repealing Certificate of Need, all intended to roll back spending and rulemaking by government agencies. It is increasingly clear that a growing population of voters believe that passing measures like the REINS Act in North Carolina is not just a policy decision, but a moral imperative to rein in the unchecked power of bureaucracy and serve the best interests of North Carolina’s citizens.
Would COVID shutdowns still have happened if the REINS Act had been in place? Likely, yes. The bill before the state legislature would not apply to temporary and emergency rules created by a state agency. However, that experience led the public to demand a voice in the decision-making process.
Excessive government regulations often place unnecessary burdens on businesses and individuals, hindering innovation and economic growth. A clear example is North Carolina’s Certificate of Need (CON) laws, which require healthcare providers to obtain state approval before expanding services, purchasing new medical equipment, or opening new facilities.
While originally intended to control costs, these laws have instead limited competition, reduced access to care, and driven up prices. When government overreach restricts market competition, the result is higher costs, fewer choices, and reduced economic opportunities for North Carolinians. In line with the push for limited government, companion bills currently before the state legislature aim to repeal North Carolina’s CON requirements, eliminating the need for state approval to establish or expand certain healthcare facilities and services, effective Jan. 1, 2026.
Between CON repeal and the REINS Act, the limited government public policy movement hits an historic stride this year.
Critics say that requiring rules that have $1 million in impact to go through the legislature would slow the regulatory process, and is “one of the most radical threats in generations to our government’s ability to protect the public from harm.” However, that position requires the assumption that government regulations are protective and measured, an assumption from an era that has long since passed. Now, the goal is fewer, better-quality regulations that are more thoughtful and serve the public good.
Just as the Founding Fathers established checks and balances to prevent tyranny, North Carolinians need safeguards against unchecked bureaucratic expansion. Protecting consumers and small businesses from overreaching regulations is essential to ensuring that the state’s regulatory system works for the people, not against them.
Donna King serves as editor in chief for the Carolina Journal.
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