Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
March 8, 2024
The Honorable Will Carpenter, Chairperson
House Committee on Federal and State Affairs
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Representative Carpenter:
SUBJECT: Fiscal Note for HB 2818 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2818 is
respectfully submitted to your committee.
HB 2818 would provide for a legislative review process and criteria when the Legislature
considers bills that propose new or additional occupational regulations that were not regulated
prior to July 1, 2024. All bills introduced in the Legislature proposing to regulate an occupation
or profession not previously regulated by law would be required to be reviewed by the Legislature.
An occupation or profession not previously regulated by law could not be regulated by the state
unless the Legislature determines that: (1) the unregulated practice could cause harm and endanger
the general welfare, and the potential for further harm and endangerment is recognizable and
significant; (2) the public can reasonably be expected to benefit significantly from an assurance of
personal qualifications; and (3) the general welfare cannot be sufficiently protected by any other
means.
If the Legislature would determine that the state has a strong interest in regulating an
occupation or profession not previously regulated by law, the most efficient form of regulation
would be implemented consistent with the need to protect the general welfare, as follows: (1) if
the threat to the general welfare resulting from the practitioner's services is easily predictable, the
regulation shall implement a system of insurance, bonding or registration; (2) if the consumer has
challenges accessing credentialing information or possesses significantly less information on how
to report abuses such that the practitioner puts the consumer in a disadvantageous position relative
to the practitioner to judge the quality of the practitioner's services, the regulation would implement
a system of certification; and (3) if other regulatory structures, such as bonding, insurance,
registration or certification insufficiently protect the general welfare from recognizable harm, the
regulation would implement a system of licensing.
During each regular or special session of the Legislature, the Joint Committee on
Administrative Rules and Regulations would be required to review bills introduced in the The Honorable Will Carpenter, Chairperson
Page 2—HB 2818
Legislature that pertain to the regulation of a profession or occupation, with certain exceptions
outlined in the bill. The bill states that there would be no requirement for bills to be referred to
the Joint Committee on Administrative Rules and Regulations for a review. The Joint Committee
on Administrative Rules and Regulations would have authority to consider and make
determinations and communicate with regulatory bodies on behalf of the Legislature.
If the Joint Committee on Administrative Rules and Regulations would determine that a
bill proposes stronger or additional regulation of a profession or occupation currently regulated by
a regulatory body, or proposes regulation of an industry or occupation that is not currently
regulated but is within the scope of expertise of a regulatory body, the Joint Committee on
Administrative Rules and Regulations would notify the relevant regulatory body of the bill
introduction. Within ten business days after notification, the relevant regulatory body or bodies
would prepare a report on the bill. All state agencies would be required to cooperate with a
regulatory body or bodies in the preparation of a report when and to the extent requested by a
regulatory body preparing such report. The bill would outline the recipients and requirements of
the report.
If the Joint Committee on Administrative Rules and Regulations would determine that a
bill proposes new regulation of a profession or occupation that is not regulated in this state and
further determines that no existing regulatory body regulates or has the expertise to regulate such
occupation or profession, then the committee may contract with consultants, experts or
professionals in the applicable field or with appropriate faculty of Kansas institutions of higher
learning to prepare and make available to the Legislature a report on the findings. The bill would
outline the recipients and requirements of the report. The contract would require that the report be
provided within ten business days after the contract's execution. The Director of Legislative
Administrative Services would be required to administer the contract. The contract may be
approved by the chairperson or vice chairperson of the Legislative Coordinating Council, which
may be given while the Legislature is in session.
Legislative Administrative Services (LAS) indicates that the enactment of the bill would
not have a fiscal effect on either budgets of the Legislature or the Legislative Coordinating Council,
unless the Joint Committee on Administrative Rules and Regulations determines that a contract
with consultants would be needed. LAS indicates that any fiscal effect resulting from potential
contracts with consultants or appropriate faculty of Kansas institutions of high learning cannot be
estimated. Any fiscal effect associated with HB 2818 is not reflected in The FY 2025 Governor’s
Budget Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Tom Day, Legislative Services