Session of 2025
SENATE BILL No. 229
By Committee on Commerce
2-6
AN ACT concerning labor and employment; relating to occupational
licensing; providing for the termination of current and new
occupational licensing requirements adopted by an agency or enacted
by the legislature after a period of five years unless extended by a joint
resolution of the legislature; requiring that adoption of new
occupational licensing requirements by a state agency be approved by
joint resolution of the legislature; providing for notice to agencies and
the legislature of termination dates by the revisor of statutes and the
secretary of state; specifying a procedure for legislative review of
occupational licensing requirements by certain committees.
Be it enacted by the Legislature of the State of Kansas:
Section 1. For purposes of sections 1 through 3, and amendments
thereto:
(a) "Agency" means any department, bureau, division, board,
authority, agency, commission or institution of this state, any political
subdivision of the state and any city, county or unified government that is
authorized by law to administer, adopt or enforce any occupational rule
and regulation or occupational license. "Agency" does not include the
behavioral sciences regulatory board, board of examiners in optometry,
board of nursing, Kansas dental board, state board of healing arts, state
board of pharmacy or any other regulatory agency for healthcare providers
established by state law. "Agency" does not include the state board of
technical professions.
(b) "Occupational license" means a nontransferable and exclusive
authorization in law in which the legislature, or an agency as authorized by
the legislature, establishes the personal qualifications necessary to engage
in, and the rules and regulations that govern, any occupation or profession.
"Occupational license" does not include an occupational license regulated
by the behavioral sciences regulatory board, board of examiners in
optometry, board of nursing, Kansas dental board, state board of healing
arts, state board of pharmacy or an occupational license for a healthcare
provider regulated by any other agency. "Occupational license" does not
include an occupational license regulated by the state board of technical
professions.
(c) "Welfare" means the protection of the public against fraud or
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physical or psychological harm. "Welfare" does not include the protection
of businesses or agencies, whether publicly or privately owned, against
competition.
Sec. 2. (a) (1) Notwithstanding any other provision of law, any
occupational license requirement pursuant to state statute or agency rules
and regulations that is in effect on July 1, 2025, shall terminate on July 1,
2030, and shall not be effective on or after such date, unless the legislature
acts to continue the requirement as provided by subsection (b) or the
requirement continues in effect pursuant to subsection (d).
(2) Any occupational license requirement that is adopted by an
agency or enacted by the legislature on and after July 1, 2025, shall
terminate five years after such occupational license requirement takes
effect, unless the legislature acts to continue the requirement as provided
by subsection (b) or the requirement continues in effect pursuant to
subsection (d). A law that enacts a new occupational license requirement
or rule and regulation that adopts a new occupational license requirement
shall state that the requirement will terminate and no longer be in effect on
the specified date that is five years from the effective date of the
requirement and that the requirement shall be subject to review and
continuation by the legislature before such termination date.
(b) (1) Any occupational license requirement that is subject to
termination pursuant to subsection (a)(1) or (2) may be continued for a
term of five years by a joint resolution of the legislature upon
consideration of a review of the requirement pursuant to paragraph (2).
(2) Before an occupational license requirement may be continued by
the legislature as provided by paragraph (1), a standing committee of the
house of representatives and the senate to which legislation of the subject
matter pertaining to the occupational license requirement is customarily
referred, as determined by the speaker of the house of representatives and
the president of the senate, as applicable, shall each conduct a review of
the occupational license requirement at such time that the matter is
referred to such committee. Such review shall include a presentation by
legislative research staff of the report to the committee prepared by
legislative research staff pursuant to subsection (c). Each such committee
shall provide a written recommendation to the speaker of the house of
representatives and the president of the senate, as applicable, for
distribution to and consideration by the legislature. The report prepared by
staff pursuant to subsection (c) shall be included in such written
recommendation. At the discretion of the speaker of the speaker of the
house of representatives and president of the senate, the occupational
licensing requirement may also be referred to the joint committee on
administrative rules and regulations, or a successor committee, for review.
The joint committee shall provide written recommendations upon such
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review to the speaker of the house of representatives and the president of
the senate for distribution to and consideration by the legislature.
(c) (1) The chairperson of a standing committee of the house of
representatives or the senate reviewing an occupational license
requirement as provided by subsection (b) shall assign staff from the
Kansas legislative research department to conduct a review of the
requirement and prepare a written report to the committee. The report shall
be presented to the committee for review within two weeks of assignment
by the chairperson.
(2) The report shall include:
(A) An explanation of the public health, safety or welfare objectives
that the occupational licensing requirement is intended to serve;
(B) a retrospective analysis to determine whether the presumed
benefits of the requirement are being realized;
(C) an examination of available alternative measures to meet the
objectives of the requirement or possible modified objectives, including
voluntary certification and other potential less restrictive measures;
(D) an explanation of any determination as to whether the
requirement remains the least restrictive means to achieve its stated
purpose;
(E) an examination of and comparison with other states as to whether
and how the profession at issue is regulated;
(F) an examination of the effect that the requirement has had on job
creation or retention; and
(G) an examination of the costs and benefits associated with the
requirement, including, but not limited to, an estimate of:
(i) Compliance and opportunity costs, including licensing fees,
education requirements and associated costs, experience requirements and
an estimation of the total number of calendar days dedicated by an
applicant to obtaining the license;
(ii) any identified secondary or indirect costs; and
(iii) the effect on state expenditures, including estimated
administrative expenses.
(d) (1) The secretary of state shall monitor the termination date of
occupational license requirements adopted in rules and regulations filed
with the secretary and provide notice to the agency that adopted such
requirements at least 18 months prior to every such occupational license
requirement's termination date. The secretary of state shall identify and
certify to the speaker of the house of representatives and the president of
the senate the termination date of such occupational license requirement at
the time notice is provided to the agency. Any occupational license
requirement with a termination date that has not been identified and
noticed to the relevant agency and the speaker of the house of
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representatives and the president of the senate by the secretary shall not
terminate on such termination date but shall remain in effect until the date
that is 18 months from the date such identification and notice is provided
to the agency and the speaker of the house of representatives and the
president of the senate by the secretary.
(2) By July 15 of the year preceding the year in which the an
occupational license requirement specified in statute will terminate, the
revisor of statutes shall certify to the speaker of the house of
representatives and the president of the senate the language and statutory
citation of each such requirement that will terminate in the following year.
Any occupational license requirement that is not identified and certified to
the speaker of the house of representatives and the president of the senate
as provided by this paragraph shall not terminate but shall continue in
effect until so identified and certified and reviewed by the legislature as
provided by this act. If the revisor of statutes fails to certify an
occupational license requirement that the revisor subsequently determines
should have been certified, the revisor shall include the occupational
license requirement in the following year's certification after such
determination. If the legislature fails to review and consider an
occupational license requirement specified in statute that has been
identified and noticed to the legislature by the revisor of statutes, such
requirement shall remain in effect until such review and consideration.
Sec. 3. (a) Any occupational license requirement adopted by an
agency on or after July 1, 2025, shall require approval of the legislature by
joint resolution pursuant to this section before the requirement shall take
effect, unless such requirement has been ratified by the legislature by the
enactment of a bill pursuant to the provisions of K.S.A. 2024 Supp. 77-
441, and amendments thereto.
(b) (1) Before consideration by the legislature of a joint resolution
approving an occupational license requirement proposed for adoption by
an agency, a standing committee of the house of representatives and the
senate to which legislation of the subject matter pertaining to the
occupational license requirement is customarily referred, as determined by
the speaker of the house of representatives and the president of the senate,
as applicable, shall each conduct a review of the proposed occupational
license requirement, including a review of the report by staff pursuant to
paragraph (2), at such time as the matter is referred to such committee.
Each such committee shall provide a written recommendation regarding
adoption or denial of the requirement to the speaker of the house of
representatives and the president of the senate, as applicable, for
distribution and consideration by the legislature. The report prepared by
staff pursuant to paragraphs (2) and (3) shall be included in such written
recommendation.
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(2) The chairperson of a standing committee of the house of
representatives or the senate reviewing an occupational license
requirement as provided by paragraph (1) shall assign staff from the
Kansas legislative research department to conduct a review of the
requirement and prepare a written report to the committee. The report shall
be presented to the committee for review by legislative research staff
within two weeks of assignment by the chairperson.
(3) The report shall include:
(A) An analysis and explanation as to why the occupational license
requirement is necessary to protect public health, safety or welfare;
(B) an examination of available alternative measures, including
voluntary certification and other potential less restrictive measures;
(C) an analysis as to whether the requirement is the least restrictive
means to achieve its stated purpose;
(D) an examination of and comparison as to whether and how other
states regulate the profession at issue;
(E) an examination of the effect that the requirement will have on job
creation or retention; and
(F) an examination of the costs and benefits associated with the
requirement, including, but not limited to:
(i) Estimated compliance and opportunity costs, including licensing
fees, education requirements and associated costs, experience requirements
and an estimation of the total number of calendar days dedicated by an
applicant to obtaining the license;
(ii) estimated secondary or indirect costs; and
(iii) estimated effect on state expenditures, including estimated
administrative expenses.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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