KS
Kansas Senate Bill SB229

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB229 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 229
33 By Committee on Commerce
44 2-6
55 AN ACT concerning labor and employment; relating to occupational
66 licensing; providing for the termination of current and new
77 occupational licensing requirements adopted by an agency or enacted
88 by the legislature after a period of five years unless extended by a joint
99 resolution of the legislature; requiring that adoption of new
1010 occupational licensing requirements by a state agency be approved by
1111 joint resolution of the legislature; providing for notice to agencies and
1212 the legislature of termination dates by the revisor of statutes and the
1313 secretary of state; specifying a procedure for legislative review of
1414 occupational licensing requirements by certain committees.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 Section 1. For purposes of sections 1 through 3, and amendments
1717 thereto:
1818 (a) "Agency" means any department, bureau, division, board,
1919 authority, agency, commission or institution of this state, any political
2020 subdivision of the state and any city, county or unified government that is
2121 authorized by law to administer, adopt or enforce any occupational rule
2222 and regulation or occupational license. "Agency" does not include the
2323 behavioral sciences regulatory board, board of examiners in optometry,
2424 board of nursing, Kansas dental board, state board of healing arts, state
2525 board of pharmacy or any other regulatory agency for healthcare providers
2626 established by state law. "Agency" does not include the state board of
2727 technical professions.
2828 (b) "Occupational license" means a nontransferable and exclusive
2929 authorization in law in which the legislature, or an agency as authorized by
3030 the legislature, establishes the personal qualifications necessary to engage
3131 in, and the rules and regulations that govern, any occupation or profession.
3232 "Occupational license" does not include an occupational license regulated
3333 by the behavioral sciences regulatory board, board of examiners in
3434 optometry, board of nursing, Kansas dental board, state board of healing
3535 arts, state board of pharmacy or an occupational license for a healthcare
3636 provider regulated by any other agency. "Occupational license" does not
3737 include an occupational license regulated by the state board of technical
3838 professions.
3939 (c) "Welfare" means the protection of the public against fraud or
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7676 physical or psychological harm. "Welfare" does not include the protection
7777 of businesses or agencies, whether publicly or privately owned, against
7878 competition.
7979 Sec. 2. (a) (1) Notwithstanding any other provision of law, any
8080 occupational license requirement pursuant to state statute or agency rules
8181 and regulations that is in effect on July 1, 2025, shall terminate on July 1,
8282 2030, and shall not be effective on or after such date, unless the legislature
8383 acts to continue the requirement as provided by subsection (b) or the
8484 requirement continues in effect pursuant to subsection (d).
8585 (2) Any occupational license requirement that is adopted by an
8686 agency or enacted by the legislature on and after July 1, 2025, shall
8787 terminate five years after such occupational license requirement takes
8888 effect, unless the legislature acts to continue the requirement as provided
8989 by subsection (b) or the requirement continues in effect pursuant to
9090 subsection (d). A law that enacts a new occupational license requirement
9191 or rule and regulation that adopts a new occupational license requirement
9292 shall state that the requirement will terminate and no longer be in effect on
9393 the specified date that is five years from the effective date of the
9494 requirement and that the requirement shall be subject to review and
9595 continuation by the legislature before such termination date.
9696 (b) (1) Any occupational license requirement that is subject to
9797 termination pursuant to subsection (a)(1) or (2) may be continued for a
9898 term of five years by a joint resolution of the legislature upon
9999 consideration of a review of the requirement pursuant to paragraph (2).
100100 (2) Before an occupational license requirement may be continued by
101101 the legislature as provided by paragraph (1), a standing committee of the
102102 house of representatives and the senate to which legislation of the subject
103103 matter pertaining to the occupational license requirement is customarily
104104 referred, as determined by the speaker of the house of representatives and
105105 the president of the senate, as applicable, shall each conduct a review of
106106 the occupational license requirement at such time that the matter is
107107 referred to such committee. Such review shall include a presentation by
108108 legislative research staff of the report to the committee prepared by
109109 legislative research staff pursuant to subsection (c). Each such committee
110110 shall provide a written recommendation to the speaker of the house of
111111 representatives and the president of the senate, as applicable, for
112112 distribution to and consideration by the legislature. The report prepared by
113113 staff pursuant to subsection (c) shall be included in such written
114114 recommendation. At the discretion of the speaker of the speaker of the
115115 house of representatives and president of the senate, the occupational
116116 licensing requirement may also be referred to the joint committee on
117117 administrative rules and regulations, or a successor committee, for review.
118118 The joint committee shall provide written recommendations upon such
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162162 review to the speaker of the house of representatives and the president of
163163 the senate for distribution to and consideration by the legislature.
164164 (c) (1) The chairperson of a standing committee of the house of
165165 representatives or the senate reviewing an occupational license
166166 requirement as provided by subsection (b) shall assign staff from the
167167 Kansas legislative research department to conduct a review of the
168168 requirement and prepare a written report to the committee. The report shall
169169 be presented to the committee for review within two weeks of assignment
170170 by the chairperson.
171171 (2) The report shall include:
172172 (A) An explanation of the public health, safety or welfare objectives
173173 that the occupational licensing requirement is intended to serve;
174174 (B) a retrospective analysis to determine whether the presumed
175175 benefits of the requirement are being realized;
176176 (C) an examination of available alternative measures to meet the
177177 objectives of the requirement or possible modified objectives, including
178178 voluntary certification and other potential less restrictive measures;
179179 (D) an explanation of any determination as to whether the
180180 requirement remains the least restrictive means to achieve its stated
181181 purpose;
182182 (E) an examination of and comparison with other states as to whether
183183 and how the profession at issue is regulated;
184184 (F) an examination of the effect that the requirement has had on job
185185 creation or retention; and
186186 (G) an examination of the costs and benefits associated with the
187187 requirement, including, but not limited to, an estimate of:
188188 (i) Compliance and opportunity costs, including licensing fees,
189189 education requirements and associated costs, experience requirements and
190190 an estimation of the total number of calendar days dedicated by an
191191 applicant to obtaining the license;
192192 (ii) any identified secondary or indirect costs; and
193193 (iii) the effect on state expenditures, including estimated
194194 administrative expenses.
195195 (d) (1) The secretary of state shall monitor the termination date of
196196 occupational license requirements adopted in rules and regulations filed
197197 with the secretary and provide notice to the agency that adopted such
198198 requirements at least 18 months prior to every such occupational license
199199 requirement's termination date. The secretary of state shall identify and
200200 certify to the speaker of the house of representatives and the president of
201201 the senate the termination date of such occupational license requirement at
202202 the time notice is provided to the agency. Any occupational license
203203 requirement with a termination date that has not been identified and
204204 noticed to the relevant agency and the speaker of the house of
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248248 representatives and the president of the senate by the secretary shall not
249249 terminate on such termination date but shall remain in effect until the date
250250 that is 18 months from the date such identification and notice is provided
251251 to the agency and the speaker of the house of representatives and the
252252 president of the senate by the secretary.
253253 (2) By July 15 of the year preceding the year in which the an
254254 occupational license requirement specified in statute will terminate, the
255255 revisor of statutes shall certify to the speaker of the house of
256256 representatives and the president of the senate the language and statutory
257257 citation of each such requirement that will terminate in the following year.
258258 Any occupational license requirement that is not identified and certified to
259259 the speaker of the house of representatives and the president of the senate
260260 as provided by this paragraph shall not terminate but shall continue in
261261 effect until so identified and certified and reviewed by the legislature as
262262 provided by this act. If the revisor of statutes fails to certify an
263263 occupational license requirement that the revisor subsequently determines
264264 should have been certified, the revisor shall include the occupational
265265 license requirement in the following year's certification after such
266266 determination. If the legislature fails to review and consider an
267267 occupational license requirement specified in statute that has been
268268 identified and noticed to the legislature by the revisor of statutes, such
269269 requirement shall remain in effect until such review and consideration.
270270 Sec. 3. (a) Any occupational license requirement adopted by an
271271 agency on or after July 1, 2025, shall require approval of the legislature by
272272 joint resolution pursuant to this section before the requirement shall take
273273 effect, unless such requirement has been ratified by the legislature by the
274274 enactment of a bill pursuant to the provisions of K.S.A. 2024 Supp. 77-
275275 441, and amendments thereto.
276276 (b) (1) Before consideration by the legislature of a joint resolution
277277 approving an occupational license requirement proposed for adoption by
278278 an agency, a standing committee of the house of representatives and the
279279 senate to which legislation of the subject matter pertaining to the
280280 occupational license requirement is customarily referred, as determined by
281281 the speaker of the house of representatives and the president of the senate,
282282 as applicable, shall each conduct a review of the proposed occupational
283283 license requirement, including a review of the report by staff pursuant to
284284 paragraph (2), at such time as the matter is referred to such committee.
285285 Each such committee shall provide a written recommendation regarding
286286 adoption or denial of the requirement to the speaker of the house of
287287 representatives and the president of the senate, as applicable, for
288288 distribution and consideration by the legislature. The report prepared by
289289 staff pursuant to paragraphs (2) and (3) shall be included in such written
290290 recommendation.
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334334 (2) The chairperson of a standing committee of the house of
335335 representatives or the senate reviewing an occupational license
336336 requirement as provided by paragraph (1) shall assign staff from the
337337 Kansas legislative research department to conduct a review of the
338338 requirement and prepare a written report to the committee. The report shall
339339 be presented to the committee for review by legislative research staff
340340 within two weeks of assignment by the chairperson.
341341 (3) The report shall include:
342342 (A) An analysis and explanation as to why the occupational license
343343 requirement is necessary to protect public health, safety or welfare;
344344 (B) an examination of available alternative measures, including
345345 voluntary certification and other potential less restrictive measures;
346346 (C) an analysis as to whether the requirement is the least restrictive
347347 means to achieve its stated purpose;
348348 (D) an examination of and comparison as to whether and how other
349349 states regulate the profession at issue;
350350 (E) an examination of the effect that the requirement will have on job
351351 creation or retention; and
352352 (F) an examination of the costs and benefits associated with the
353353 requirement, including, but not limited to:
354354 (i) Estimated compliance and opportunity costs, including licensing
355355 fees, education requirements and associated costs, experience requirements
356356 and an estimation of the total number of calendar days dedicated by an
357357 applicant to obtaining the license;
358358 (ii) estimated secondary or indirect costs; and
359359 (iii) estimated effect on state expenditures, including estimated
360360 administrative expenses.
361361 Sec. 4. This act shall take effect and be in force from and after its
362362 publication in the statute book.
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