KS
Kansas House Bill HB2818

Kansas 2023-2024 Regular Session

Kansas House Bill HB2818 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2818
33 By Committee on Federal and State Affairs
44 Requested by Representative L. Williams
55 3-5
66 AN ACT concerning the legislature; relating to legislation pertaining to
77 occupational regulation; providing for a review process and evaluation
88 criteria for the legislature when considering bills that propose new or
99 additional occupational regulation; requiring regulatory entities at the
1010 direction of the joint committee on administrative rules and regulations
1111 to provide a report to the legislature to inform the legislature's
1212 consideration of such proposals; authorizing the joint committee to
1313 contract for such a report when necessary; amending K.S.A. 2023
1414 Supp. 77-436 and repealing the existing section.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 New Section 1. (a) It is the intent of the legislature that the general
1717 welfare of Kansas residents be promoted by establishing guidelines for
1818 legislative consideration of proposals concerning the regulation of
1919 occupations and professions not regulated prior to July 1, 2024, and
2020 guidelines for proposals to increase regulation of any occupations or
2121 professions or combine any additional occupations or professions under a
2222 single license regulated by the state prior to July 1, 2024. The legislature
2323 further finds that the general welfare will be promoted by providing
2424 information for the benefit of the legislature when considering proposals
2525 concerning the regulation of occupations and professions.
2626 (b) The purpose of this act is to provide a structure, a process and
2727 sufficient information when the legislature considers proposals to increase
2828 occupational regulation to further the legislature's intent that all individuals
2929 may engage in the occupation of their choice, free from unreasonable
3030 government regulation. The state shall not impose a substantial burden on
3131 an individual's pursuit of an occupation or profession unless there is a
3232 reasonable interest for the state to protect the general welfare. If such an
3333 interest exists, the regulation adopted by the state shall be the least
3434 restrictive type of occupational regulation that is consistent with the public
3535 interest to be protected.
3636 New Sec. 2. For purposes of sections 1 through 5, and amendments
3737 thereto:
3838 (a) "Certification" means a program whereby the state grants
3939 nontransferable recognition to an individual who meets predetermined
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7575 qualifications established by statute or by rules and regulations of a
7676 regulatory body and applied by the regulatory body. "Certification" entitles
7777 the individual to use "certified" as a designated title. "Certification" shall
7878 not be synonymous with "occupational license";
7979 (b) "general welfare" means the concern of the state for the health,
8080 peace, morality and safety of Kansas residents;
8181 (c) "lawful occupation" means a course of conduct, pursuit or
8282 profession that includes the sale of goods or services that are not
8383 themselves illegal to sell whether the individual selling them is or is not
8484 subject to an occupational regulation;
8585 (d) "least restrictive type of occupational regulation" means the
8686 regulation that is least restrictive, pursuant to the following list of
8787 regulations provided in order from least to most restrictive:
8888 (1) Bonding or insurance;
8989 (2) registration;
9090 (3) certification; and
9191 (4) occupational license;
9292 (e) "occupational license" means a nontransferable authorization in
9393 law for an individual to perform a lawful occupation for compensation
9494 based on meeting personal qualifications established by a regulatory body
9595 and that, if not possessed, prohibits the individual from performing the
9696 occupation for compensation;
9797 (f) "occupational regulation" means, except as provided by section 5,
9898 and amendments thereto, a statute, rule and regulation, practice or policy
9999 requiring an individual to possess certain personal qualifications to work
100100 in a lawful occupation;
101101 (g) "personal qualifications" means criteria related to an individual's
102102 personal background, including completion of an approved educational
103103 program, satisfactory performance on an examination, work experience,
104104 criminal history or completion of continuing education;
105105 (h) "practitioner" means an individual who has achieved knowledge
106106 and skill by practice and is actively engaged in a specified occupation or
107107 profession;
108108 (i) (1) "registration" means a requirement established by statute or
109109 rule and regulation for which an individual:
110110 (A) Submits notification to a state agency; and
111111 (B) may use "registered" as a designated title.
112112 (2) For purposes of this subsection, "notification" includes the
113113 individual's name and address, the individual's agent for service of process,
114114 the location of the activity to be performed or a description of the service
115115 that the individual provides. "Registration" includes a requirement to post
116116 a bond but does not include education or experience requirements. If the
117117 requirement of "registration" is not met, the individual is prohibited from
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161161 performing the occupation for compensation or using "registered" as a
162162 designated title. "Registration" is not synonymous with "occupational
163163 license";
164164 (j) "regulatory body" means any office, department, board,
165165 commission, state agency, division or other unit or subunit of the executive
166166 branch of the state that regulates one or more professions, occupations,
167167 industries or businesses in this state. "Regulatory body" does not include
168168 any unit or subunit of the judicial or legislative branches of government or
169169 cities, counties, townships, school districts or any other local unit of
170170 government;
171171 (k) "state agency" means every state office, department, board,
172172 commission, regulatory entity or agency of the executive branch of the
173173 state; and
174174 (l) "substantial burden" means a requirement in an occupational
175175 regulation that imposes significant difficulty or cost on an individual
176176 seeking to enter or continue in a lawful occupation and is more than an
177177 incidental burden.
178178 New Sec. 3. (a) To achieve the intent of the legislature set forth in
179179 section 1, and amendments thereto, and except as provided by section 5,
180180 and amendments thereto, all bills introduced in the legislature proposing to
181181 regulate an occupation or profession not previously regulated by law prior
182182 to July 1, 2024, shall be reviewed by the legislature according to the
183183 following criteria. An occupation or profession not previously regulated by
184184 law shall not be regulated by the state unless the legislature determines
185185 that:
186186 (1) Unregulated practice could cause harm and endanger the general
187187 welfare, and the potential for further harm and endangerment is
188188 recognizable and significant;
189189 (2) the public can reasonably be expected to benefit significantly
190190 from an assurance of personal qualifications; and
191191 (3) the general welfare cannot be sufficiently protected by any other
192192 means.
193193 (b) After evaluating the criteria in subsection (a) and considering
194194 governmental, economic and societal costs and benefits, if the legislature
195195 determines that the state has a strong interest in regulating an occupation
196196 or profession not previously regulated by law, the most efficient form of
197197 regulation shall be implemented consistent with the need to protect the
198198 general welfare, as follows:
199199 (1) If the threat to the general welfare resulting from the practitioner's
200200 services is easily predictable, the regulation shall implement a system of
201201 insurance, bonding or registration;
202202 (2) if the consumer has challenges accessing credentialing
203203 information or possesses significantly less information on how to report
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247247 abuses such that the practitioner puts the consumer in a disadvantageous
248248 position relative to the practitioner to judge the quality of the practitioner's
249249 services, the regulation shall implement a system of certification; and
250250 (3) if other regulatory structures, such as bonding, insurance,
251251 registration or certification insufficiently protect the general welfare from
252252 recognizable harm, the regulation shall implement a system of licensing.
253253 New Sec. 4. (a) During each regular or special session of the
254254 legislature, the joint committee on administrative rules and regulations
255255 shall review bills introduced in the legislature that pertain to the regulation
256256 of a profession or occupation, except as provided in section 5, and
257257 amendments thereto. There shall be no requirement for bills to be referred
258258 to the joint committee for such review. The joint committee shall have
259259 authority to consider and make such determinations and communicate with
260260 regulatory bodies on behalf of the legislature as provided in this act.
261261 (b) Upon review as provided by subsection (a), if the joint committee
262262 on administrative rules and regulations determines that a bill proposes
263263 stronger or additional regulation of a profession or occupation currently
264264 regulated by a regulatory body or proposes regulation of an industry or
265265 occupation that is not currently regulated but is within the scope of
266266 expertise of a regulatory body or bodies, as determined by the joint
267267 committee, the joint committee shall notify the relevant regulatory body or
268268 bodies of such bill introduction. Within 10 business days after such
269269 notification by the joint committee, the relevant regulatory body or bodies
270270 shall prepare a report on the bill as provided by this subsection. All state
271271 agencies shall cooperate with a regulatory body or bodies in the
272272 preparation of a report when and to the extent requested by a regulatory
273273 body preparing such report. The report shall be provided in electronic
274274 format to the joint committee on administrative rules and regulations, the
275275 chairperson, vice chairperson and ranking minority member of the
276276 committee to which the bill under consideration has been assigned, the
277277 speaker of the house, minority leader of the house, president of the senate
278278 and minority leader of the senate. The report shall contain the following
279279 information:
280280 (1) A description of the professional or occupational group proposed
281281 for expansion of regulation, including the number of individuals or
282282 business entities that would be subject to regulation to the extent that such
283283 information is available, the names and addresses of associations,
284284 organizations and other groups representing the practitioners and an
285285 estimate of the number of practitioners in each group;
286286 (2) whether practice of the profession or occupation proposed for
287287 expansion of regulation requires a specialized skill, such that the public is
288288 not qualified to select a competent practitioner without assurances that
289289 minimum qualifications have been met;
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333333 (3) the nature and extent of potential harm to the public if the
334334 profession or occupation is not regulated as described in the bill, including
335335 the production of evidence of potential harm, a description of any
336336 complaints filed with state law enforcement authorities, courts,
337337 departmental agencies, professional or occupational boards and
338338 professional and occupational associations that have been lodged against
339339 practitioners of the profession or occupation in this state within the past
340340 five years. Notwithstanding the provisions of any other law to the contrary,
341341 the relevant regulatory body shall provide in such report any information
342342 relating to such complaints even if the information is considered a closed
343343 record or otherwise confidential, except that the regulatory body shall
344344 redact from the information the names of individuals, other personally
345345 identifiable information, including, but not limited to, addresses, birth
346346 dates, tax identification numbers, social security numbers or license or
347347 registration numbers, the names of businesses and information that would
348348 specifically identify such businesses, information that would make an
349349 individual or business identifiable when combined with other publicly
350350 available information and any information that is confidential under
351351 federal law;
352352 (4) a description of the voluntary efforts made by practitioners of the
353353 profession or occupation to protect the public through self-regulation,
354354 private certifications, membership in professional or occupational
355355 associations or academic credentials and a statement discussing why such
356356 efforts are inadequate to protect the public;
357357 (5) the extent to which expansion of regulation of the profession or
358358 occupation will increase the cost of goods or services provided by
359359 practitioners and the overall cost-effectiveness and economic impact of the
360360 proposed regulation, including the direct cost to the government and the
361361 indirect costs to consumers;
362362 (6) the extent to which expansion of regulation of the profession or
363363 occupation would increase or decrease the availability of services to the
364364 public;
365365 (7) the extent to which existing legal remedies are inadequate to
366366 prevent or redress the kinds of harm potentially resulting from the lack of
367367 the requirements outlined in the bill;
368368 (8) why the bonding and insurance, registration, certification,
369369 occupational license to practice or other type of regulation is being
370370 proposed, why that regulatory alternative was chosen and whether the
371371 proposed method of regulation is appropriate;
372372 (9) a list of other states that regulate the profession or occupation, the
373373 type of regulation, copies of other states' laws and available evidence of
374374 the effect of regulation on the profession or occupation in terms of a
375375 before-and-after analysis from such states;
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419419 (10) the details of any previous efforts in this state to implement
420420 regulation of the profession or occupation;
421421 (11) whether the proposed requirements for regulation exceed the
422422 national industry standards of minimal competence and what such
423423 standards are, if such standards exist; and
424424 (12) the method proposed to finance the proposed regulation and
425425 financial data pertaining to whether the proposed regulation can be
426426 reasonably financed by current or proposed licensees through dedicated
427427 revenue mechanisms.
428428 (c) Upon review as provided in subsection (a), if the joint committee
429429 on administrative rules and regulations determines that a bill proposes new
430430 regulation of a profession or occupation that is not regulated in this state
431431 and further determines that no existing regulatory body regulates or has the
432432 expertise to regulate such occupation or profession, then the joint
433433 committee may contract with consultants, experts or professionals in the
434434 applicable field or with appropriate faculty of Kansas institutions of higher
435435 learning to prepare and make available to the legislature a report as
436436 provided by this subsection. The contract shall require that such report be
437437 provided within 10 business days after the contract's execution. The
438438 director of legislative administrative services shall secure, prepare and
439439 administer such contract as directed by the joint committee, and provide
440440 copies of draft contracts and communications pertaining to the contract
441441 with the joint committee to the chairperson and vice chairperson of the
442442 legislative coordinating council. The contract may be approved by the
443443 chairperson or vice chairperson of the legislative coordinating council, and
444444 such approval may be given while the legislature is in session. The
445445 chairperson of the joint committee may sign such contract on behalf of the
446446 legislature as so approved. All state agencies shall cooperate with the joint
447447 committee and any person contracted by the joint committee in the
448448 preparation of such report when and to the extent requested by the joint
449449 committee. The report shall be provided in electronic format to any
450450 regulatory body discussed or that participated in the report, the joint
451451 committee, the chairperson, vice chairperson and ranking minority
452452 member of the committee to which the bill under consideration has been
453453 assigned, the speaker of the house, minority leader of the house, president
454454 of the senate and minority leader of the senate. The report shall contain the
455455 following information:
456456 (1) A description of the professional or occupational group proposed
457457 for regulation, including the number of individuals or business entities that
458458 would be subject to regulation to the extent that such information is
459459 available, the names and addresses of associations, organizations, and
460460 other groups representing the practitioners and an estimate of the number
461461 of practitioners in each group;
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505505 (2) the nature and extent of potential harm to the public if the
506506 profession or occupation is not regulated, including the production of
507507 evidence of potential harm, a description of any complaints filed with state
508508 law enforcement authorities, courts, departmental agencies, professional or
509509 occupational boards and professional and occupational associations that
510510 have been lodged against practitioners of the profession or occupation in
511511 this state within the past five years. Notwithstanding the provisions of any
512512 other state law to the contrary, information relating to such complaints
513513 shall be provided by any such entity upon the request of the joint
514514 committee on administrative rules and regulations for purposes of the
515515 report even if the information is considered a closed record or otherwise
516516 confidential, except that the providing entity shall redact from the
517517 information individual names or business names, other personally
518518 identifiable information, including, but not limited to, addresses, birth
519519 dates, tax identification numbers, social security numbers or license or
520520 registration numbers, information that would make an individual or
521521 business identifiable if combined with other publicly available information
522522 and any information that is confidential under federal law;
523523 (3) a list of other states that regulate the profession or occupation, the
524524 type of regulation, copies of other states' laws and available evidence such
525525 of the effect of regulation on the profession or occupation in terms of a
526526 before-and-after analysis from such states;
527527 (4) the details of any previous efforts in this state to implement
528528 regulation of the profession or occupation; and
529529 (5) whether the proposed requirements for regulation exceed the
530530 national industry standards of minimal competence and what such
531531 standards are, if such standards exist.
532532 New Sec. 5. (a) (1) The provisions of this act shall not apply to
533533 regulation or credentialing or any proposed regulation or credentialing of
534534 any occupation or profession that is subject to the provisions of the Kansas
535535 act on credentialing, K.S.A. 65-5001 et seq., and amendments thereto.
536536 (2) For purposes of this subsection "credentialing" means the same as
537537 defined in K.S.A. 65-5001, and amendments thereto.
538538 (b) Nothing in this act shall be construed to change any requirement
539539 for an individual to hold a current private certification as a condition of
540540 licensure or renewal of licensure. This act shall not require a private
541541 certification organization to grant or deny private certification to any
542542 individual.
543543 Sec. 6. K.S.A. 2023 Supp. 77-436 is hereby amended to read as
544544 follows: 77-436. (a) There is hereby established a joint committee on
545545 administrative rules and regulations consisting of five senators and seven
546546 members of the house of representatives.
547547 (1) The five senator members shall be appointed as follows:
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591591 (A) Three by the committee on organization, calendar and rules; and
592592 (B) two by the minority leader of the senate.
593593 (2) The seven representative members shall be appointed as follows:
594594 (A) Four by the speaker of the house of representatives; and
595595 (B) three by the minority leader of the house of representatives.
596596 (b) The committee on organization, calendar and rules shall designate
597597 a senator member to be chairperson or vice-chairperson vice chairperson
598598 of the joint committee as provided in this section. The speaker of the house
599599 of representatives shall designate a representative member to be
600600 chairperson or vice-chairperson vice chairperson of the joint committee as
601601 provided in this section. The minority leader of the senate shall designate a
602602 senator member to be the ranking minority member of the joint committee
603603 as provided in this section. The minority leader of the house of
604604 representatives shall designate a representative member to be the ranking
605605 minority member of the joint committee as provided in this section.
606606 (b)(c) A quorum of the joint committee on administrative rules and
607607 regulations shall be seven. All actions of the committee may be taken by a
608608 majority of those present when there is a quorum. In odd-numbered years
609609 the chairperson and the ranking minority member of the joint committee
610610 shall be the designated members of the house of representatives from the
611611 convening of the regular session in that year until the convening of the
612612 regular session in the next ensuing year. In even-numbered years the
613613 chairperson and the ranking minority member of the joint committee shall
614614 be the designated members of the senate from the convening of the regular
615615 session of that year until the convening of the regular session of the next
616616 ensuing year. The vice-chairperson shall exercise all of the powers of the
617617 chairperson in the absence of the chairperson.
618618 (c)(d) Except for rules and regulations revoked pursuant to K.S.A.
619619 77-426(d), and amendments thereto, all proposed rules and regulations
620620 shall be reviewed by the joint committee on administrative rules and
621621 regulations during the public comment period required by K.S.A. 77-421,
622622 and amendments thereto. The committee may introduce such legislation as
623623 it deems necessary in performing its such committee's functions of
624624 reviewing administrative rules and regulations.
625625 (d)(e) The committee shall issue a report to the legislature following
626626 each meeting making comments and recommendations and indicating
627627 concerns about any proposed rule and regulation. Such report shall be
628628 made available to each agency that had proposed rules and regulations
629629 reviewed at such meeting during the agency's public comment period for
630630 such proposed rules and regulations as required by K.S.A. 77-421, and
631631 amendments thereto. If having a final report completed by the public
632632 hearing as required by K.S.A. 77-421, and amendments thereto, is
633633 impractical, a preliminary report shall be made available to the agency
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677677 containing the committee's comments. The preliminary report shall be
678678 incorporated into the final report and made available to each agency.
679679 (e)(f) Except for rules and regulations revoked pursuant to K.S.A. 77-
680680 426(d), and amendments thereto, all rules and regulations filed each year
681681 in the office of secretary of state shall be subject to review by the joint
682682 committee. The committee may introduce such legislation as it deems
683683 necessary in performing its such committee's functions of reviewing
684684 administrative rules and regulations.
685685 (f)(g) The joint committee shall meet on upon the call of the
686686 chairperson as authorized by the legislative coordinating council. All such
687687 meetings shall be held in Topeka, unless authorized to be held in a
688688 different place by the legislative coordinating council. Members of the
689689 joint committee shall receive compensation, travel expenses and
690690 subsistence expenses or allowances as provided in K.S.A. 75-3212, and
691691 amendments thereto, when attending meetings of such committee
692692 authorized by the legislative coordinating council.
693693 (g)(h) The joint committee shall review bills pertaining to
694694 occupational regulation introduced in the legislature during regular or
695695 special sessions of the legislature, make determinations and cause reports
696696 on such bills to be prepared as provided by sections 1 through 5, and
697697 amendments thereto. The joint committee is authorized to act on behalf of
698698 the legislature and enter into contracts pursuant to the provisions of
699699 sections 1 through 5, and amendments thereto.
700700 (i) Amounts paid under authority of this section, including amounts
701701 paid under the authority of subsection (g) and sections 1 through 5, and
702702 amendments thereto, shall be paid from appropriations for legislative
703703 expense, and vouchers therefor shall be prepared by the director of
704704 legislative administrative services and approved by the chairperson or
705705 vice-chairperson vice chairperson of the legislative coordinating council.
706706 Sec. 7. K.S.A. 2023 Supp. 77-436 is hereby repealed.
707707 Sec. 8. This act shall take effect and be in force from and after its
708708 publication in the statute book.
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739739 31
740740 32