SESSION OF 2022
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR SENATE
BILL NO. 34
As Amended by House Committee on Federal
and State Affairs

Brief*
Sub. for SB 34, as amended, would require all rules and
regulations adopted under the Rules and Regulations Filing
Act (Filing Act) to be reviewed by agencies every five years,
would establish reporting requirements for agencies, and
would establish an alternative revocation procedure for
certain rules and regulations.
The bill would also make technical changes.
The bill would be in effect upon publication in the
Kansas Register.

Reporting Requirements
The bill would require each state agency that has
adopted rules and regulations to submit a report to the Joint
Committee on Administrative Rules and Regulations (JCARR)
on or before July 15 of the year specified in the bill for the
agency. The report would be required to include:
● A summary of the agency’s review and evaluation
of its adopted rules and regulations; and
● A statement for each rule and regulation as to
whether it is necessary for the implementation and
administration of state law, or if it may be revoked
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 subject to the alternative revocation procedure the
bill would create.
Reporting Years
The bill would specify that each agency that has
adopted rules and regulations shall submit a report based
upon the following schedule:
● For 2023 and every fifth year thereafter, Agency
Numbers 1 through 23;
● For 2024 and every fifth year thereafter, Agency
Numbers 24 through 51;
● For 2025 and every fifth year thereafter, Agency
Numbers 53 through 82;
● For 2026 and every fifth year thereafter, Agency
Numbers 84 through 107; and
● For 2027 and every fifth year thereafter, Agency
Numbers 108 through 133.
[Note: Agency Numbers are used above as a substitute
for the agency names listed in the bill. Agency Numbers are
assigned by the Office of the Secretary of State when an
agency promulgates rules and regulations for the first time.]
The bill would require any state agency not listed in the
bill that adopts rules and regulations having an effective date
on or after July 1, 2022, to submit a report on or before July
15 of the fifth year after the effective date, and every fifth year
thereafter.

Public Purpose, Supplemental to Filing Act
The bill would state that rules and regulations may only
be adopted or maintained by an agency if it serves an
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identifiable public purpose to support state law, and may be
no broader than is necessary to meet such public purpose.
The new section of the bill relating to reporting
requirements would be part of and supplemental to the Filing
Act.

Alternative Revocation Procedure
The bill would amend the Filing Act to authorize a state
agency, having identified any rule and regulation as being
revocable in its report to JCARR, to revoke the rule and
regulation by filing notice of revocation with the Office of
Secretary of State (Secretary) and having the notice
published in the Kansas Register. The notice of revocation
would be prohibited from containing any new rules and
regulations, or any amendments to rules and regulations.
Before filing the notice of revocation with the Secretary,
the agency would be required to:
● Hold a public hearing on the proposed revocation,
if one is requested in writing by a member of the
public;
● Submit the notice of revocation to the Attorney
General for review and approval, in accordance
with existing law; and
● Submit the notice of revocation to JCARR, and
appear before the Committee at a hearing on the
proposed revocation, if one is requested by the
chairperson.
The revocation of a rule and regulation would be
effective 15 days following the date the notice is published in
the Kansas Register.


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 The bill would also amend the Filing Act to except rules
and regulations revoked under the alternative revocation
procedure from the JCARR review requirements required by
existing law.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Hilderbrand.

Senate Committee on Federal and State Affairs
In the Senate Committee hearing, Senator Hilderbrand
and representatives from Americans for Prosperity and the
Kansas Chamber of Commerce provided proponent
testimony. The proponents indicated that the bill would
increase legislative oversight, would require each rule and
regulation to have a definable benefit, and would reduce
burdensome regulations.
A representative of United WE provided written-only
proponent testimony.
Representatives of the Kansas Department of Wildlife
and Parks, the Kansas State Board of Healing Arts, the
Kansas State Board of Pharmacy, and the Office of the
Secretary of State provided neutral testimony, indicating the
bill is has a well-intentioned goal of increasing transparency,
but would create logistical and fiscal concerns for the
agencies.
Representatives of the Kansas State Board of Nursing
and the League of Kansas Municipalities provided written-
only neutral testimony.
Opponent testimony was provided by representatives of
the Kansas Commission on Peace Officers’ Standards and

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Training, the Kansas Livestock Association, and the Kansas
State Board of Technical Professions. The opponents
indicated that enactment of the bill would have a burdensome
impact on law enforcement certification, could result in good
regulations sunsetting, and that the process should be left to
the rulemaking bodies already created by the Legislature.
Representatives of the American Institute for Architects
and the Kansas Farm Bureau provided written-only opponent
testimony.
The Senate Committee removed the original contents of
SB 34, which would have sunset any administrative rules and
regulations five years after adoption, unless extended by the
legislature; inserted substitute language into the bill; and
recommended a substitute bill be passed.

House Committee on Federal and State Affairs
In the House Committee hearing, proponent testimony
was provided by representatives of Americans for Prosperity,
the Kansas Agribusiness Retailers Association, Kansas
Chamber of Commerce, Kansas Grain and Feed Association,
and Renew Kansas Biofuels Association. The proponents
stated the substitute bill addresses concerns raised with the
initial bill about potential unwanted sunsetting of necessary
regulations, and that the bill allows for expedited repeal of
regulations an agency finds to be no longer necessary.
Written-only proponent testimony was provided by
representatives of the Kansas Cooperative Council and
Kansas Livestock Association.
Written-only neutral testimony was provided by
representatives of the Kansas Behavioral Sciences
Regulatory Board and the Mercatus Center.
A representative of the Kansas Department of Health
and Environment (KDHE) provided opponent testimony,

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stating the bill is unclear on its scope and could require KDHE
to hire between 20 to 53 FTE positions to comply with the bill.
The House Committee amended the bill to be effective
upon publication in the Kansas Register.

Fiscal Information
According to fiscal information provided to the
Chairperson of the Senate Committee on the substitute bill,
agencies do not anticipate enactment of the bill would have a
significant fiscal effect on state agencies.
Administrative rules and regulations; joint committee; review of rules and regulations;
reporting requirements


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Statutes affected:
Sub: 77-415, 77-426, 77-436
As Amended by House Committee: 77-415, 77-426, 77-436
Enrolled: 48-925, 48-932, 65-129b, 65-201, 72-6262