Kansas 2025-2026 Regular Session

Kansas Senate Bill SB77 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2025
1	2		SENATE BILL No. 77
2		-	AN ACT concerning administrative rules and regulations; requiring state agencies to
3		-	provide notice of revocation thereof; removing certain abolished or inactive state
4		-	agencies from the five-year agency review requirement; amending K.S.A. 2024
5		-	Supp. 77-426 and 77-440 and repealing the existing sections.
	3	+	By Committee on Government Efficiency
	4	+	1-27
	5	+	AN ACT concerning administrative rules and regulations; requiring state
	6	+	agencies to provide notice of revocation thereof; removing certain
	7	+	abolished or inactive state agencies from the five-year agency review
	8	+	requirement; amending K.S.A. 2024 Supp. 77-426 and 77-440 and
	9	+	repealing the existing sections.
6	10		Be it enacted by the Legislature of the State of Kansas:
7	11		Section 1. K.S.A. 2024 Supp. 77-426 is hereby amended to read as
8		-	follows: 77-426. (a) All rules and regulations that are in force and effect
9		-	at the time this act takes effect shall continue in full force and effect
10		-	and may be amended, revived or revoked as provided by law. All new
11		-	rules and regulations and all amendments, revivals or revocations of
12		-	rules and regulations, other than temporary regulations, adopted in any
13		-	year shall be filed with the secretary of state and shall become effective
14		-	15 days following its publication in the Kansas register or such later
15		-	date as clearly expressed in the body of such rule and regulation.
16		-	(b) Except for rules and regulations revoked pursuant to
17		-	subsection (d), as soon as possible after the filing of any rules and
18		-	regulations by a state agency, the secretary of state shall submit to the
19		-	joint committee on administrative rules and regulations such number of
20		-	copies as may be requested by the joint committee on administrative
21		-	rules and regulations.
22		-	(c) At any time prior to adjournment sine die of the regular session
23		-	of the legislature, the legislature may adopt a concurrent resolution
24		-	expressing the concern of the legislature with any permanent or
25		-	temporary rule and regulation that is in force and effect and on file in
26		-	the office of the secretary of state and any permanent rule and
27		-	regulation filed in the office of the secretary of state during the
28		-	preceding year and requesting the revocation of any such rule and
29		-	regulation or the amendment of any such rule and regulation in the
30		-	manner specified in such resolution.
	12	+	follows: 77-426. (a) All rules and regulations that are in force and effect at
	13	+	the time this act takes effect shall continue in full force and effect and may
	14	+	be amended, revived or revoked as provided by law. All new rules and
	15	+	regulations and all amendments, revivals or revocations of rules and
	16	+	regulations, other than temporary regulations, adopted in any year shall be
	17	+	filed with the secretary of state and shall become effective 15 days
	18	+	following its publication in the Kansas register or such later date as clearly
	19	+	expressed in the body of such rule and regulation.
	20	+	(b) Except for rules and regulations revoked pursuant to subsection
	21	+	(d), as soon as possible after the filing of any rules and regulations by a
	22	+	state agency, the secretary of state shall submit to the joint committee on
	23	+	administrative rules and regulations such number of copies as may be
	24	+	requested by the joint committee on administrative rules and regulations.
	25	+	(c) At any time prior to adjournment sine die of the regular session of
	26	+	the legislature, the legislature may adopt a concurrent resolution
	27	+	expressing the concern of the legislature with any permanent or temporary
	28	+	rule and regulation that is in force and effect and on file in the office of the
	29	+	secretary of state and any permanent rule and regulation filed in the office
	30	+	of the secretary of state during the preceding year and requesting the
	31	+	revocation of any such rule and regulation or the amendment of any such
	32	+	rule and regulation in the manner specified in such resolution.
31	33		(d) (1) Notwithstanding any other provision of the rules and
32		-	regulations filing act, any rule and regulation may be revoked pursuant
33		-	to this subsection if such rule and regulation is identified by a state
34		-	agency in the report submitted to the joint committee on administrative
35		-	rules and regulations pursuant to K.S.A. 2024 Supp. 77-440, and
36		-	amendments thereto, as one that may be revoked pursuant to this
37		-	subsection. A state agency may revoke a rule and regulation by filing a
38		-	notice of such revocation with the secretary of state and causing such
39		-	notice to be published in the Kansas register. Such notice of revocation
40		-	shall not contain any new rules and regulations or any amendments to
41		-	any rules and regulations.
42		-	(2) Prior to filing the notice of revocation with the secretary, the
43		-	state agency shall:
44		-	(A) Provide a written notice to businesses, local governmental
45		-	units and members of the public known to the agency to be affected by
46		-	the proposed revocation. Upon the written request of a member of the
47		-	public, hold a public hearing on the proposed notice of revocation;
	34	+	regulations filing act, any rule and regulation may be revoked pursuant to
	35	+	this subsection if such rule and regulation is identified by a state agency in
	36	+	the report submitted to the joint committee on administrative rules and
	37	+	regulations pursuant to K.S.A. 2024 Supp. 77-440, and amendments
	38	+	thereto, as one that may be revoked pursuant to this subsection. A state
	39	+	agency may revoke a rule and regulation by filing a notice of such
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	76	+	revocation with the secretary of state and causing such notice to be
	77	+	published in the Kansas register. Such notice of revocation shall not
	78	+	contain any new rules and regulations or any amendments to any rules and
	79	+	regulations.
	80	+	(2) Prior to filing the notice of revocation with the secretary, the state
	81	+	agency shall:
	82	+	(A) Provide a written notice to businesses, local governmental units
	83	+	and members of the public known to the agency to be affected by the
	84	+	proposed revocation. Upon the written request of a member of the public,
	85	+	hold a public hearing on the proposed notice of revocation;
48	86		(B) submit the notice of rules and regulations proposed for
49		-	revocation to the attorney general for review and approval in
50		-	~~accordance~~ with K.S.A. 77-420(d), and amendments thereto; and
	87	+	revocation to the attorney general for review and approval in accordance
	88	+	with K.S.A. 77-420(d), and amendments thereto; and
51	89		(C) submit the notice of revocation to the joint committee on
52		-	administrative rules and regulations and, upon request by the
53		-	~~chairperson~~ of such committee, appear before such committee at a
54		-	~~hearing on such~~ notice.
55		-	(3) The revocation of a rule and regulation under this subsection
56		-	~~shall~~ be effective 15 days following the date that the notice of such
57		-	~~revocation is~~ published in the Kansas register.
	90	+	administrative rules and regulations and, upon request by the chairperson
	91	+	of such committee, appear before such committee at a hearing on such
	92	+	notice.
	93	+	(3) The revocation of a rule and regulation under this subsection shall
	94	+	be effective 15 days following the date that the notice of such revocation is
	95	+	published in the Kansas register.
58	96		Sec. 2. K.S.A. 2024 Supp. 77-440 is hereby amended to read as
59	97		follows: 77-440. (a) All rules and regulations adopted by state agencies
60		-	under the provisions of K.S.A. 77-415 et seq., and amendments thereto, ~~SENATE BILL No. 77—page 2~~
	98	+	under the provisions of K.S.A. 77-415 et seq., and amendments thereto,
61	99		shall be reviewed every five years in accordance with this section.
62		-	(b) (1) Each state agency that has adopted rules and regulations
63		-	~~shall~~ submit a report to the joint committee on administrative rules and
64		-	regulations on or before July 15 of the year that corresponds to such
65		-	~~state~~ agency under paragraph (2). Such report shall contain a summary
66		-	~~of such~~ state agency's review and evaluation of rules and regulations
67		-	~~adopted by~~ such state agency, including a statement for each rule and
68		-	~~regulation as to~~ whether such rule and regulation is necessary for the
69		-	~~implementation and~~ administration of state law or may be revoked
70		-	~~pursuant to K.S.A. 77-~~426(d), and amendments thereto.
	100	+	(b) (1) Each state agency that has adopted rules and regulations shall
	101	+	submit a report to the joint committee on administrative rules and
	102	+	regulations on or before July 15 of the year that corresponds to such state
	103	+	agency under paragraph (2). Such report shall contain a summary of such
	104	+	state agency's review and evaluation of rules and regulations adopted by
	105	+	such state agency, including a statement for each rule and regulation as to
	106	+	whether such rule and regulation is necessary for the implementation and
	107	+	administration of state law or may be revoked pursuant to K.S.A. 77-
	108	+	426(d), and amendments thereto.
71	109		(2) Each state agency that has adopted rules and regulations shall
72	110		submit a report as required under paragraph (1) in the years that
73	111		correspond to such state agency as follows:
74	112		(A) For 2023 and every fifth year thereafter, the following state
75	113		agencies:
76	114		(i) Department of administration;
77	115		(ii) municipal accounting board;
78	116		(iii) state treasurer;
79	117		(iv) Kansas department of agriculture;
80		-	(v) Kansas department of agriculture—division of water
81		-	resources;
	118	+	(v) Kansas department of agriculture—division of water resources;
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82	162		(vi) state election board;
83	163		(vii) secretary of state;
84	164		(viii) livestock brand commissioner;
85	165		(ix) Kansas department of agriculture—division of animal health;
86	166		(x)(ix) Kansas bureau of investigation;
87		-	(xi)(x) Kansas department of agriculture—division of
88		-	conservation;
	167	+	(xi)(x) Kansas department of agriculture—division of conservation;
89	168		(xii)(xi) agricultural labor relations board;
90	169		(xiii) alcoholic beverage control board of review;
91	170		(xiv)(xii) Kansas department of revenue—division of alcoholic
92	171		beverage control;
93	172		(xv) athletic commission;
94	173		(xvi)(xiii) attorney general;
95	174		(xvii)(xiv) office of the state bank commissioner;
96	175		(xviii)(xv) employee award board;
97	176		(xix)(xvi) governmental ethics commission;
98	177		(xx)(xvii) crime victims compensation board;
99	178		(xxi)(xviii) Kansas human rights commission; and
100	179		(xxii)(xix) state fire marshal; and
101	180		(xxiii) Kansas department of wildlife and parks;
102	181		(B) for 2024 and every fifth year thereafter, the following state
103	182		agencies:
104	183		(i) Kansas wheat commission;
105	184		(ii) Kansas state grain inspection department;
106	185		(iii) Kansas department for aging and disability services;
107	186		(iv)(iii) Kansas energy office;
108	187		(v)(iv) department of health and environment;
109	188		(vi)(v) Kansas department for children and families;
110	189		(vii) park and resources authority;
111	190		(viii) state salvage board;
112	191		(ix)(vi) Kansas department of transportation;
113	192		(x)(vii) Kansas highway patrol;
114	193		(xi)(viii) savings and loan department;
115	194		(xii)(ix) Kansas turnpike authority;
116	195		(xiii)(x) insurance department;
117	196		(xiv) food service and lodging board;
118	197		(xv) commission on alcoholism;
119		-	(xvi)(xi) corrections ombudsman board; ~~SENATE BILL No. 77—page 3~~
	198	+	(xvi)(xi) corrections ombudsman board;
120	199		(xvii)(xii) department of corrections;
121	200		(xviii)(xiii) Kansas prisoner review board;
122	201		(xix) executive council;
123	202		(xx)(xiv) mined-land conservation and reclamation (KDHE);
124		-	(xxi)(xv) department of labor—employment security board of
125		-	review;
	203	+	(xxi)(xv) department of labor—employment security board of review;
126	204		(xxii)(xvi) department of labor;
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127	248		(xxiii)(xvii) department of labor—division of employment; and
128		-	(xxiv)(xviii) department of labor—division of workers
129		-	compensation;
	249	+	(xxiv)(xviii) department of labor—division of workers compensation;
130	250		(C) for 2025 and every fifth year thereafter, the following state
131	251		agencies:
132	252		(i) State records board;
133	253		(ii) state library;
134	254		(iii) board for the registration and examination of landscape
135	255		architects;
136	256		(iv) adjutant general's department;
137	257		(v)(iv) state board of nursing;
138	258		(vi)(v) Kansas board of barbering;
139	259		(vii)(vi) state board of mortuary arts;
140	260		(viii) board of engineering examiners;
141	261		(ix)(vii) board of examiners in optometry;
142	262		(x)(viii) state board of technical professions;
143	263		(xi)(ix) Kansas board of examiners in fitting and dispensing of
144	264		hearing instruments;
145	265		(xii)(x) state board of pharmacy;
146	266		(xiii)(xi) Kansas state board of cosmetology;
147	267		(xiv)(xii) state board of veterinary examiners;
148	268		(xv)(xiii) Kansas dental board;
149	269		(xvi) board of examiners of psychologists;
150	270		(xvii) registration and examining board for architects;
151	271		(xviii)(xiv) board of accountancy;
152		-	(xix)(xv) state bank commissioner—consumer and mortgage
153		-	~~lending~~ division;
	272	+	(xix)(xv) state bank commissioner—consumer and mortgage lending
	273	+	division;
154	274		(xx) board of basic science examiners;
155	275		(xxi)(xvi) Kansas public employees retirement system;
156	276		(xxii)(xvii) office of the securities commissioner; and
157	277		(xxiii)(xviii) Kansas corporation commission;
158	278		(D) for 2026 and every fifth year thereafter, the following state
159	279		agencies:
160	280		(i) Public employee relations board;
161	281		(ii) abstracters' board of examiners;
162	282		(iii) Kansas real estate commission;
163	283		(iv) education commission;
164	284		(v) state board of regents;
165	285		(vi) school budget review board;
166	286		(vii)(v) school retirement board;
167	287		(viii)(vi) state department of education;
168	288		(ix)(vii) Kansas department of revenue;
169	289		(x)(viii) Kansas department of revenue—division of property
170	290		valuation;
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171	334		(xi)(ix) state board of tax appeals;
172	335		(xii) crop improvement association;
173	336		(xiii)(x) Kansas office of veterans services;
174	337		(xiv)(xi) Kansas water office;
175		-	(xv)(xii) Kansas department of agriculture—division of weights
176		-	~~and~~ measures;
	338	+	(xv)(xii) Kansas department of agriculture—division of weights and
	339	+	measures;
177	340		(xvi)(xiii) state board of healing arts;
178		-	(xvii) podiatry board; ~~SENATE BILL No. 77—page 4~~
	341	+	(xvii) podiatry board;
179	342		(xviii)(xiv) behavioral sciences regulatory board;
180	343		(xix)(xv) state bank commissioner and savings and loan
181	344		commissioner—joint regulations;
182		-	(xx)(xvi) consumer credit commissioner, credit union
183		-	administrator, savings and loan commissioner and bank commissioner
184		-	—joint regulations;
	345	+	(xx)(xvi) consumer credit commissioner, credit union administrator,
	346	+	savings and loan commissioner and bank commissioner—joint regulations;
185	347		(xxi)(xvii) state board of indigents' defense services;
186	348		(xxii)(xviii) Kansas commission on peace officers' standards and
187	349		training; and
188	350		(xxiii)(xix) law enforcement training center; and
189	351		(E) for 2027 and every fifth year thereafter, the following state
190	352		agencies:
191	353		(i) Kansas state employees health care commission;
192	354		(ii) emergency medical services board;
193	355		(iii) department of commerce;
194	356		(iv) Kansas lottery;
195	357		(v) Kansas racing and gaming commission;
196	358		(vi) Kansas department of wildlife and parks;
197	359		(vii) Kansas state fair board;
198	360		(viii) real estate appraisal board;
199	361		(ix) state historical society;
200	362		(x) health care data governing board;
201	363		(xi) state department of credit unions;
202	364		(xii)(xi) pooled money investment board;
203	365		(xiii)(xii) department of corrections—division of juvenile services;
204	366		(xiv)(xiii) state child death review board;
205	367		(xv)(xiv) Kansas agricultural remediation board;
206	368		(xvi)(xv) unmarked burial sites preservation board;
207	369		(xvii)(xvi) Kansas housing resources corporation;
208		-	(xviii)(xvii) department of commerce—Kansas athletic
209		-	commission;
210		-	(xix)(xviii) department of health and environment—division of
211		-	health care finance;
	370	+	(xviii)(xvii) department of commerce— Kansas athletic commission;
	371	+	(xix)(xviii) department of health and environment—division of health
	372	+	care finance;
212	373		(xx)(xix) home inspectors registration board;
213	374		(xxi)(xx) committee on surety bonds and insurance;
214	375		(xxii)(xxi) 911 coordinating council; and
215	376		(xxiii)(xxii) office of administrative hearings.
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216	420		(c) For any state agency not listed in subsection (b)(2) that adopts
217		-	rules and regulations that become effective on or after July 1, 2022,
218		-	such state agency shall submit a report to the joint committee on
219		-	administrative rules and regulations in accordance with subsection (b)
220		-	(1) on or before July 15 of the fifth year after such rules and regulations
221		-	become effective and every fifth year thereafter.
222		-	(d) Notwithstanding any other provision of law, a rule and
223		-	regulation may be adopted or maintained by a state agency only if
224		-	such rule and regulation serves an identifiable public purpose to
225		-	support state law and may not be broader than is necessary to meet
226		-	such public purpose.
227		-	(e) This section shall be a part of and supplemental to the rules
228		-	and regulations filing act, K.S.A. 77-415 et seq., and amendments
229		-	thereto.
230		-	Sec. 3. K.S.A. 2024 Supp. 77-426 and 77-440 are hereby repealed. SENATE BILL No. 77—page 5
	421	+	rules and regulations that become effective on or after July 1, 2022, such
	422	+	state agency shall submit a report to the joint committee on administrative
	423	+	rules and regulations in accordance with subsection (b)(1) on or before
	424	+	July 15 of the fifth year after such rules and regulations become effective
	425	+	and every fifth year thereafter.
	426	+	(d) Notwithstanding any other provision of law, a rule and regulation
	427	+	may be adopted or maintained by a state agency only if such rule and
	428	+	regulation serves an identifiable public purpose to support state law and
	429	+	may not be broader than is necessary to meet such public purpose.
	430	+	(e) This section shall be a part of and supplemental to the rules and
	431	+	regulations filing act, K.S.A. 77-415 et seq., and amendments thereto.
	432	+	Sec. 3. K.S.A. 2024 Supp. 77-426 and 77-440 are hereby repealed.
231	433		Sec. 4. This act shall take effect and be in force from and after its
232	434		publication in the Kansas register.
233		-	I hereby certify that the above BILL originated in the
234		-	SENATE, and passed that body
235		-	_________________________
236		-	_________________________
237		-	President of the Senate.
238		-	_________________________
239		-	Secretary of the Senate.
240		-
241		-	Passed the HOUSE ________________________
242		-	_________________________
243		-	Speaker of the House.
244		-	_________________________
245		-	Chief Clerk of the House.
246		-	APPROVED ____________________________
247		-	_________________________
248		-	Governor.
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