HB 2719

                        HOUSE BILL No. 2719
   AN ACT concerning administrative rules and regulations; relating to
the rules and regulations filing act; providing exceptions for technical
amendments; creating a process for certain rules and regulations to
receive priority status in the adoption process; removing references to
the revival of rules and regulations; clarifying that the department of
the budget is not required to approve proposed rules and regulations
that are otherwise mandated by federal law; adding references to
department of corrections rules and regulations that are not subject to
the act; requiring an agency to submit a proposed rule and regulation to
the joint committee on administrative rules and regulations prior to
presentation of a bill to the legislature for ratification and resubmit a
rule and regulation to the committee if ratified; amending K.S.A. 75-
3504, 77-419 and 77-437 and K.S.A. 2025 Supp. 77-415, 77-416, 77-
420, 77-421 and 77-441 and repealing the existing sections; also
repealing K.S.A. 77-418.
Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) An agency shall not be required to initiate new
rulemaking proceedings under this act if such agency proposes to adopt
a rule and regulation that makes only technical amendments to an
existing rule or regulation. An agency may have technical amendments
to an existing rule or regulation adopted immediately upon review and
approval by the department of administration.
    (b) As used in this act, "technical amendment" means a
nonsubstantive change to a rule or regulation that includes only the
following:
    (1) Updating or changing cross references to statutes or other
regulations;
    (2) renumbering or redesignating sections, subsections, paragraphs
or clauses for organizational clarity that does not alter substantive
meaning;
    (3) updates to conform with current drafting conventions such as
standardizing capitalization, punctuation or formatting;
    (4) correcting spelling, punctuation or grammatical errors that do
not alter substantive meaning;
    (5) replacing obsolete agency, board or position titles with current
names;
    (6) changing addresses, telephone numbers, email addresses or
website URLs to current contact information; and
    (7) revising references to state forms or publications when
numbering or titles change but the content remains the same.
    (c) This section shall be a part of and supplemental to the rules
and regulations filing act.
    New Sec. 2. (a) When an agency has a proposed rule and
regulation that meets the requirements to receive priority status, such
agency shall indicate that such rule and regulation is a priority when
submitting the rule and regulation as required by this act. Such
proposed rule and regulation shall be processed ahead of any other
proposed rule and regulation currently in process by the adopting
agency, the department of administration, the attorney general, the
department of the budget or the secretary of state.
    (b) This section shall be a part of and supplemental to the rules
and regulations filing act.
    Sec. 3. K.S.A. 75-3504 is hereby amended to read as follows: 75-
3504. The board shall pass upon the requests of the state departments or
other agencies for the destruction or other disposition of records, and
shall have power to order the destruction, reproduction, temporary or
permanent retention, and disposition of the public records of any
department or agency of the state, and to establish records disposal
                    HOUSE BILL No. 2719—page 2
schedules for the orderly retirement of records,and to. The board may
adopt such other rules and regulations as they the board may deem
necessary to accomplish the purposes of this act. The disposal
schedules shall be filed by the board with the secretary of state.
Records so scheduled may be transferred to the state records center at
regular intervals, in accordance with procedures to be established by
the center, without further action by the board. In all its acts the board
shall be specifically required to safeguard the legal, financial and
historical interests of the state in such records.
    Sec. 4. K.S.A. 2025 Supp. 77-415 is hereby amended to read as
follows: 77-415. (a) K.S.A. 77-415, and amendments thereto, through
77-440 and K.S.A. 2025 Supp. 77-441, sections 1 and 2, and
amendments thereto, shall be known and may be cited as the rules and
regulations filing act.
    (b) (1) Unless otherwise provided by statute or constitutional
provision, each rule and regulation issued or adopted by a state agency
shall comply with the requirements of the rules and regulations filing
act. Except as provided in this section, any standard, requirement or
other policy of general application may be given binding legal effect
only if it has complied with the requirements of the rules and
regulations filing act.
    (2) Notwithstanding the provisions of this section:
    (A) An agency may bind parties, establish policies, and interpret
statutes or regulations by order in an adjudication under the Kansas
administrative procedure act or other procedures required by law,
except that such policies shall not include the establishment of rules
governing future private conduct that have the force of law and such
order shall not be used as precedent in any subsequent adjudication
against a person who was not a party to the original adjudication unless
the order is:
    (i) Designated by the agency as precedent;
    (ii) not overruled by a court or later adjudication; and
    (iii) disseminated to the public in one of the following ways:
    (a) Inclusion in a publicly available index, maintained by the
agency and published on its website, of all orders designated as
precedent;
    (b) publication by posting in full on an agency website in a format
capable of being searched by key terms; or
    (c) being made available to the public in such other manner as
may be prescribed by the secretary of state.
    (B) Any statement of agency policy may be treated as binding
within the agency if such statement of policy is directed to agency
personnel relating to the performance of their duties or the internal
management of or organization of the agency. No statement of agency
policy listed in this subparagraph may be relied on to bind the general
public.
    (C) An agency may provide forms, the content or substantive
requirements of which are prescribed by rule and regulation or statute,
except that no such form may give rise to any legal right or duty or be
treated as authority for any standard, requirement or policy reflected
therein.
    (D) An agency may provide guidance or information to the public,
describing any agency policy or statutory or regulatory requirement
except that no such guidance or information may give rise to any legal
right or duty or be treated as authority for any standard, requirement or
policy reflected therein.
    (E) None of the following shall be subject to the rules and
regulations filing act:
    (i) Any policy relating to the curriculum of a public educational
institution or to the administration, conduct, discipline, or graduation of
students from such institution.
    (ii) Any parking and traffic regulations of any state educational
institution under the control and supervision of the state board of
regents.
                   HOUSE BILL No. 2719—page 3
    (iii) Any rule and regulation relating to the emergency or security
procedures of a correctional institution, as defined in K.S.A. 75-
5202(d), and amendments thereto.
    (iv) Any order issued by the secretary of corrections or any
warden of a correctional institution under K.S.A. 75-5256, and
amendments thereto.
    (F) When a statute authorizing an agency to issue rules and
regulations or take other action specifies the procedures for doing so,
those procedures shall apply instead of the procedures in the rules and
regulations filing act.
    (c) As used in the rules and regulations filing act, and amendments
thereto, unless the context clearly requires otherwise:
    (1) "Board" means the state rules and regulations board
established under the provisions of K.S.A. 77-423, and amendments
thereto.
    (2) "Environmental rule and regulation" means:
    (A) A rule and regulation adopted by the secretary of agriculture,
the secretary of health and environment or the state corporation
commission that has as a primary purpose the protection of the
environment; or
    (B) a rule and regulation adopted by the secretary of wildlife and
parks concerning threatened or endangered species of wildlife as
defined in K.S.A. 32-958, and amendments thereto.
    (3) "Implementation and compliance costs" means direct costs that
are readily ascertainable based upon standard business practices,
including, but not limited to, fees, the cost to obtain a license or
registration, the cost of equipment required to be installed or used,
additional operating costs incurred, the cost of monitoring and
reporting and any other costs to comply with the requirements of the
proposed rule and regulation.
    (4) "Person" means an individual, firm, association, organization,
partnership, business trust, corporation, company or any other legal or
commercial entity.
    (5) "Priority" or "priority status" means a proposed rule and
regulation that an agency has been directed to adopt by an act of the
legislature:
    (A) Within nine months of the act's effective date; or
    (B) that has specified the adoption of such rule and regulation
shall receive priority status.
    (6) "Rule and regulation," "rule" and "regulation" means a
standard, requirement or other policy of general application that has the
force and effect of law, including amendments or revocations thereof,
issued or adopted by a state agency to implement or interpret
legislation.
    (6)(7) "Rulemaking" means the same as defined in K.S.A. 77-602,
and amendments thereto.
    (7)(8) "Small employer" means any person, firm, corporation,
partnership or association that employs not more than 50 employees,
the majority of whom are employed within this state.
    (8)(9) "State agency" means any officer, department, bureau,
division, board, authority, agency, commission or institution of this
state, except the judicial and legislative branches, which is authorized
by law to promulgate rules and regulations concerning the
administration, enforcement or interpretation of any law of this state.
    Sec. 5. K.S.A. 2025 Supp. 77-416 is hereby amended to read as
follows: 77-416. (a) Every state agency shall file with the secretary of
state every rule and regulation adopted by it such agency and every
amendment and revocation thereof in the manner prescribed by the
secretary of state. Each rule and regulation shall include a citation to
the statutory section or sections being implemented or interpreted and a
citation of the authority pursuant to which it such rule and regulation,
or any part thereof, was adopted. Every rule and regulation filed in the
office of the secretary of state shall be accompanied by a copy of the
economic impact statement required by subsection (b) and a copy of the
                   HOUSE BILL No. 2719—page 4
environmental benefit statement if required by subsection (d). A copy
of any document adopted by reference in a rule and regulation shall be
available from the state agency that adopted the rule and regulation
upon request by any individual interested therein. The state agency,
under the direction of the secretary of state, shall number each section
with a distinguishing number and, in making a compilation of the rules
and regulations, the sections shall be arranged in numerical order. A
decimal system of numbering shall be prohibited.
    (b) (1) At the time of drafting a proposed rule and regulation or
amendment to an existing rule and regulation, the state agency shall
consider the economic impact of the proposed rule and regulation. The
state agency shall prepare an economic impact statement that shall
include:
    (A) An analysis, brief description, and cost and benefit
quantification of the proposed rules and regulations and what is
intended to be accomplished by their adoption. If the approach chosen
by the Kansas agency to address the policy issue is different from that
utilized by agencies of contiguous states or of the federal government,
the economic impact statement shall include an explanation of why the
Kansas agency's rule and regulation differs;
    (B) whether the proposed rule and regulation is mandated by
federal law as a requirement for participating in or implementing a
federally subsidized or assisted program and whether the proposed
rules and regulations exceed the requirements of applicable federal law;
    (C) an analysis specifically addressing the following factors:
    (i) The extent to which the rule and regulation will enhance or
restrict business activities and growth;
    (ii) the economic effect, including a detailed quantification of
implementation and compliance costs, on the specific businesses,
business sectors, public utility ratepayers, individuals and local
governmental units that will be affected by the proposed rule and
regulation and on the state economy as a whole;
    (iii) the businesses that would be directly affected by the proposed
rule and regulation;
    (iv) the benefits of the proposed rule and regulation compared to
the cost;
    (v) measures taken by the agency to minimize the cost and impact
of the proposed rule and regulation on business and economic
development within the state of Kansas, local government and
individuals; and
    (vi) an estimate of the total annual implementation and
compliance costs that are reasonably expected to be incurred by or
passed along to businesses, local governmental units or individuals and
a determination of whether those costs will exceed $1,000,000 over the
initial five-year period following adoption of the proposed rule and
regulation.
    (2) The state agency shall consult with the league of Kansas
municipalities, Kansas association of counties and the Kansas
association of school boards, as appropriate, when preparing the
economic impact statement of a proposed rule and regulation which
increases or decreases revenues of cities, counties or school districts or
imposes functions or responsibilities on cities, counties or school
districts that will increase their expenditures or fiscal liability. The
agency shall consult and solicit information from businesses, business
associations, local governmental units, state agencies or institutions and
members of the public that may be affected by the proposed rule and
regulation or that may provide relevant information.
    (3) As required pursuant to the provisions of K.S.A. 77-420(d),
and amendments thereto, the state agency shall reevaluate and, when
necessary, update the economic impact statement when directed to do
so by the director of the budget and, if approved by the director of the
budget, shall submit the revised economic impact statement at the time
of filing a rule and regulation with the secretary of state. If a public
hearing was held prior to the adoption of the rule and regulation, a state
                   HOUSE BILL No. 2719—page 5
agency at the time of filing a rule and regulation with the secretary of
state shall include as a part of the economic impact statement a
statement specifying the time and place at which the hearing was held
and the attendance at the hearing. A copy of the current economic
impact statement shall be available from the state agency upon request
by any party interested therein.
    (4) The implementation and compliance costs determined under
subsection (b)(1)(C)(vi) shall be those additional costs reasonably
expected to be incurred and shall be separately identified for the
affected businesses, local governmental units and individuals. In
determining total additional costs of such proposed rules and
regulations, the state agency shall not account for any actual or
estimated cost savings that may be realized by the implementing state
agency, local government or by individuals.
    (c) (1) Pursuant to the provisions of K.S.A. 77-420, and
amendments thereto, the director of the budget shall review the
economic impact statement prepared by any state agency and shall
prepare a supplemental or revised statement and an independent
analysis by the director of the budget of the cost and the factors as set
forth in subsection (b)(1)(A) and (C) and subsection (e). If possible, the
supplemental or revised statement shall include a reliable estimate in
dollars of the anticipated change in revenues and expenditures of the
state. It also shall include a statement, if determinable or reasonably
foreseeable, of the immediate and long-range economic impact of the
rule and regulation upon individuals subject thereto, small employers
and the general public. If, after careful investigation, it is determined
that no dollar estimate is possible, the statement shall set forth the
reasons why no dollar estimate can be given. Every state agency is
directed to cooperate with the division of the budget in the preparation
of any statement pursuant to this subsection when, and to the extent,
requested by the director of the budget. The director of the budget shall
follow the procedures set forth in K.S.A. 77-420, and amendments
thereto, in evaluating and accepting or rejecting the proposed rule and
regulation.
    (2) Except as provided by K.S.A. 77-420(a)(4), and amendments
thereto, for agencies proposing a rule and regulation that is mandated
by a federal law,no an agency shall not submit a rule and regulation to
the secretary of state for filing before receiving the approval of the
director of the budget as provided in this subsection and K.S.A. 77-420,
and amendments thereto.
    (d) At the time of drafting a proposed environmental rule and
regulation or amendment to an existing environmental rule and
regulation, the state agency shall consider the environmental benefit of
such proposed rule and regulation or amendment. Prior to giving notice
of a hearing on a proposed rule and regulation, the state agency shall
prepare an environmental benefit statement that shall include a
description of the need for and the environmental benefits that will
likely accrue as the result of the proposed rule and regulation or
amendment. The description shall summarize, when applicable,
research indicating the level of risk to the public health or the
environment being removed or controlled by the proposed rule and
regulation or amendment. When specific contaminants are to be
controlled by the proposed rule and regulation or amendment, the
description shall indicate the level at which the contaminants are
considered harmful according to currently available research. The state
agency may consult with other state agencies when preparing the
environmental benefit statement. The state agency shall reevaluate and,
when necessary, update the statement at the time of filing a rule and
regulation with the secretary of state. A copy of the current
environmental benefit statement shall be available from the state
agency upon request by any party interested therein.
    (e) In addition to the requirements of subsection (b), the economic
impact statement for all environmental rules and regulations shall
include:
                   HOUSE BILL No. 2719—page 6
    (1) A description of the capital and annual costs of compliance
with the proposed rules and regulations, and the individuals or entities
who will bear those costs;
    (2) a description of the initial and annual costs of implementing
and enforcing the proposed rules and regulations, including the
estimated amount of paperwork, and the state agencies, other
governmental agencies or other individuals or entities who will bear the
costs;
    (3) a description of the costs that would likely accrue if the
proposed rules and regulations are not adopted, the individuals or
entities who will bear the costs and those who will be affected by the
failure to adopt the rules and regulations; and
    (4) a detailed statement of the data and methodology used in
estimating the costs used in the statement.
    Sec. 6. K.S.A. 77-419 is hereby amended to read as follows: 77-
419. To revive or amend a rule and regulation, the new rule and
regulation shall contain the entire section revived or amended, and any
section so amended shall be revoked. For the purpose of filing in the
office of the secretary of state and for submission to the joint
committee on administrative rules and regulations as provided in
K.S.A. 77-426, and amendments thereto, a rule and regulation
amending an existing regulation shall indicate the new matter contained
therein by underlining or printing in italics the new matter, and material
to be deleted from such rule and regulation shall be shown in strike-
through type. The secretary of state, in preparing such rules and
regulations for publication in the Kansas administrative regulations,
shall omit all material shown in strike-through type. The secretary of
state shall not file any regulation which that amends or revives a
regulation unless the regulation so amending or reviving being
amended conforms to the provisions of this section.
    Sec. 7. K.S.A. 2025 Supp. 77-420 is hereby amended to read as
follows: 77-420. (a) (1) Every rule and regulation proposed to be
adopted by any state agency, after being submitted to the secretary of
administration and the attorney general as required by this section, shall
be submitted with the economic impact statement for the rule and
regulation required by K.S.A. 77-416, and amendments thereto, to the
director of the budget for review of the accuracy and completeness of
the agency's economic impact statement. The director of the budget
shall review the agency's determination of the amount of
implementation and compliance costs reasonably expected to be
incurred by or passed along to businesses, local government and
individuals over the initial five-year period following adoption and
shall conduct an independent analysis to determine that the agency has
complied with the requirements for the economic impact statement set
forth in K.S.A. 77-416(b)(1)(A) and (b)(1)(C) and (e), and amendments
thereto. Every rule and regulation requiring approval by the director of
the budget shall be stamped if approved, and the date of approval shall
be indicated.
    (2) If the director independently determines that a proposed rule
and regulation submitted or resubmitted by the agency will not result in
implementation or compliance costs of more than $1,000,000 for
businesses, local government or individuals in the initial five-year
period following adoption of such rule and regulation, the director
shall:
    (A) Approve the rule and regulation if the director independently
determines that the economic impact statement, demonstrates a
complete analysis as required by K.S.A. 77-416(b)(1)(A) and (b)(1)(C)
and (e), and amendments thereto, and the director concurs with the
economic impact statement; or
    (B) disapprove the rule and regulation if the economic impact
statement is incomplete or contains substantive inaccuracies.
    (3) If the director of the budget determines that the proposed rule
and regulation will result in implementation and compliance costs of
more than $1,000,000 for businesses, local government or individuals
                    HOUSE BILL No. 2719—page 7
in the initial five-year period following adoption of such rule and
regulation, the director of the budget shall:
   (A) Approve the proposed rule and regulation, if:
   (1)(i) The proposed rule and regulation has been ratified by the
legislature pursuant to K.S.A. 2025 Supp. 77-441, and amendments
thereto; and
   (2)(ii) the agency, prior to the submission or the resubmission of a
rule and regulation to the director, holds a public hearing and finds that
the costs of the proposed rule and regulation have been accurately
determined and are necessary for achieving legislative intent and the
director, after an independent analysis, concurs with the agency's
findings and analysis and approves the economic impact statement. An
agency's public hearing may be held prior to or after ratification by the
legislature; or
   (B) disapprove the proposed rule and regulation if the economic
impact statement is incomplete or contains substantive inaccuracies.
   (4) If an agency is proposing a rule and regulation because of a
federal mandate as described in K.S.A. 77-416(b)(1)(B), and
amendments thereto, the agency shall provide a copy of the economic
impact statement to the director, but the director shall not be required to
review or approve the proposed rule and regulation, regardless of the
implementation and compliance cost of the proposed rule and
regulation.
   (5) For the purposes of this subsection, the implementation and
compliance cost shall be calculated from the effective date of the rule
and regulation.
   (b) The director of the budget shall submit an annual report to the
legislature and to the joint committee on administrative rules and
regulations on the first day of the 2019 regular legislative session and
subsequent regular legislative sessions on all rules and regulations
approved or denied by the director. The report shall include the text of
each rule and regulation reviewed, the final economic impact statement
and a summary of the director's analysis supporting the decision to
approve or reject the rule and regulation. The director shall
immediately submit a separate report to the legislature, if in session,
and the joint committee on administrative rules and regulations upon
the approval or denial of a rule or regulation with costs determined to
be greater than $1,000,000 for businesses, local government or
individuals over the initial five-year period following adoption of such
rule and regulation. The report shall include an analysis of the agency's
and the director's decisions with respect to the necessity of the cost of
the rule and regulation to achieve legislative intent.
   (c) Every rule and regulation proposed to be adopted by any state
agency, before being submitted to the attorney general and the director
of the budget as required under this section, shall be submitted to the
secretary of administration for approval of its organization, style,
orthography and grammar subject to such requirements as to
organization, style, orthography and grammar as the secretary may
adopt. Every rule and regulation submitted to the secretary of
administration under this subsection shall be accompanied by a copy of
any document that is adopted by reference by the rule and regulation.
Every rule and regulation approved by the secretary of administration
under this subsection shall be stamped as approved and the date of such
approval shall be indicated therein.
   (d) Every rule and regulation proposed by any state agency that
has been approved by the secretary of administration as provided in
subsection (c), before being submitted to the director of the budget as
required under this section, shall be submitted to the attorney general
for an opinion as to the legality of the same, including whether the
making of such rule and regulation is within the authority conferred by
law on the state agency. The attorney general shall promptly furnish an
opinion as to the legality of the proposed rule and regulation so
submitted. Every rule and regulation submitted to the attorney general
under this subsection shall be accompanied by a copy of any document
                    HOUSE BILL No. 2719—page 8
which is adopted by reference by the rule and regulation. Every rule
and regulation approved by the attorney general under this subsection
shall be stamped as approved and the date of such approval shall be
indicated therein.
    (e) No rule and regulation shall be filed by the secretary of state
unless:
    (1) The organization, style, orthography and grammar have been
approved by the secretary of administration;
    (2) the rule and regulation has been approved in writing by the
attorney general as to legality;
    (3) the rule and regulation has complied with the provisions of
subsection (a);
    (4) the rule and regulation has been formally adopted by the state
agency after it has been approved by the secretary of administration
and the attorney general and has complied with the provisions of
subsection (a) and is accompanied by a certified or other formal
statement of adoption when adoption is by an executive officer of a
state agency, or by a certified copy of the roll call vote required for its
adoption by K.S.A. 77-421, and amendments thereto, when adoption is
by a board, commission, authority or other similar body;
    (5) the rule and regulation to be filed is accompanied by a copy of
the economic impact statement as provided by K.S.A. 77-416, and
amendments thereto, that has been reviewed and, if required, approved
by the director of the budget and complies with the provisions of
subsection (a);
    (6) the rule and regulation has complied with the provisions of
K.S.A. 2025 Supp. 77-441, and amendments thereto, if applicable; and
    (7) the rule and regulation to be filed is accompanied by a copy of
the environmental benefit statement required by K.S.A. 77-416, and
amendments thereto, if applicable.
    (f) (1) At least 15 days prior to submitting any proposed new or
amended rule and regulation to the department of administration as
provided in subsection (c), a state agency shall provide public notice
and request for public input. Such public notice shall include a
summary of the substantive content of the rule and regulation, the
agency's intent regarding the scope and substantive content of the rule
and regulation and a citation to the authorizing statute or enacted bill.
Such notice shall invite public comment and provide contact
information and methods for submitting public comment.
    (2) Public notice shall be:
    (A) Posted on the state agency's website and the secretary of
state's website;
    (B) included in the secretary of state's rules and regulations
subscription service; and
    (C) emailed to each member of the Kansas house of
representatives and the senate.
    Sec. 8. K.S.A. 2025 Supp. 77-421 is hereby amended to read as
follows: 77-421. (a) (1) Except as provided by subsection (a)(2), (a)(3)
or (a)(4), prior to the adoption of any permanent rule and regulation or
any temporary rule and regulation that is required to be adopted as a
temporary rule and regulation in order to comply with the requirements
of the statute authorizing the same and after any such rule and
regulation has been approved by the secretary of administration, the
attorney general and, if required, the director of the budget, the
adopting state agency shall give at least 60 days' notice of its intended
action in the Kansas register and to the secretary of state and to the
joint committee on administrative rules and regulations established by
K.S.A. 77-436, and amendments thereto. The notice shall be provided
to the secretary of state and to the chairperson, vice chairperson,
ranking minority member of the joint committee and legislative
research department and shall be published in the Kansas register. A
complete copy of all proposed rules and regulations and the complete
economic impact statement required by K.S.A. 77-416, and
amendments thereto, shall accompany the notice sent to the secretary of
                    HOUSE BILL No. 2719—page 9
state. The notice shall contain:
    (A) A summary of the substance of the proposed rules and
regulations;
    (B) a summary of the economic impact statement indicating the
estimated economic impact on governmental agencies or units, persons
subject to the proposed rules and regulations and the general public;
    (C) a summary of the environmental benefit statement, if
applicable, indicating the need for the proposed rules and regulations;
    (D) the address where a complete copy of the proposed rules and
regulations, the complete economic impact statement, the
environmental benefit statement, if applicable, required by K.S.A. 77-
416, and amendments thereto, may be obtained;
    (E) the time and place of the public hearing to be held; the manner
in which interested parties may present their views; and
    (F) a specific statement that the period of 60 days' notice
constitutes a public comment period for the purpose of receiving
written public comments on the proposed rules and regulations and the
address where such comments may be submitted to the state agency.
Publication of such notice in the Kansas register shall constitute notice
to all parties affected by the rules and regulations.
    (2) Prior to adopting any rule and regulation that establishes
seasons and fixes bag, creel, possession, size or length limits for the
taking or possession of wildlife and after such rule and regulation has
been approved by the secretary of administration and, the attorney
general and, if required, the director of the budget, the secretary of
wildlife and parks shall give at least 30 days' notice of its intended
action in the Kansas register and to the secretary of state and to the
joint committee on administrative rules and regulations created
pursuant to K.S.A. 77-436, and amendments thereto. All other
provisions of subsection (a)(1) shall apply to such rules and
regulations, except that the statement required by subsection (a)(1)(F)
shall state that the period of 30 days' notice constitutes a public
comment period on such rules and regulations.
    (3) Prior to adopting any rule and regulation that establishes any
permanent prior authorization on a prescription-only drug pursuant to
K.S.A. 39-7,120, and amendments thereto, or which concerns coverage
or reimbursement for pharmaceuticals under the pharmacy program of
the state medicaid plan, and after such rule and regulation has been
approved by the director of the budget, the secretary of administration
and, the attorney general, and, if required, the director of the budget,
the secretary of health and environment shall give at least 30 days'
notice of its intended action in the Kansas register and to the secretary
of state and to the joint committee on administrative rules and
regulations created pursuant to K.S.A. 77-436, and amendments
thereto. All other provisions of subsection (a)(1) shall apply to such
rules and regulations, except that the statement required by subsection
(a)(1)(F) shall state that the period of 30 days' notice constitutes a
public comment period on such rules and regulations.
    (4) Prior to adopting any rule and regulation pursuant to
subsection (c), the state agency shall give at least 60 days' notice of its
intended action in the Kansas register and to the secretary of state and
to the joint committee on administrative rules and regulations created
pursuant to K.S.A. 77-436, and amendments thereto. All other
provisions of subsection (a)(1) shall apply to such rules and
regulations, except that the statement required by subsection (a)(1)(F)
shall state that the period of notice constitutes a public comment period
on such rules and regulations.
    (b) (1) On the date of the hearing, all interested parties shall be
given reasonable opportunity to present their views or arguments on
adoption of the rule and regulation, either orally or in writing. At the
time it that a state agency adopts or amends a rule and regulation, the
such state agency shall prepare a concise statement of the principal
reasons for adopting the rule and regulation, or amendment thereto, as
part of the hearing record required by K.S.A. 77-421(d), and
                   HOUSE BILL No. 2719—page 10
amendments thereto, including:
    (A) The agency's reasons for not accepting substantial arguments
made in testimony and comments; and
    (B) the reasons for any substantial change between the text of the
proposed adopted or amended rule and regulation contained in the
published notice of the proposed adoption or amendment of the rule
and regulation and the text of the rule and regulation as finally adopted.
    (2) Whenever a state agency is required by any other statute to
give notice and hold a hearing before adopting, amending, reviving or
revoking a rule and regulation, the state agency, in lieu of following the
requirements or statutory procedure set out in such other law, may give
notice and hold hearings on proposed rules and regulations in the
manner prescribed by this section.
    (3) Notwithstanding the other provisions of this section, the
secretary of corrections may give notice or an opportunity to be heard
to any inmate in the custody of the secretary with regard to the adoption
of any rule and regulation.
    (c) (1) The agency shall initiate new rulemaking proceedings
under this act, if a state agency proposes to adopt a final rule and
regulation that:
    (A) Differs in subject matter or effect in any material respect from
the rule and regulation as originally proposed; and
    (B) is not a logical outgrowth of the rule and regulation as
originally proposed.
    (2) For the purposes of this provision, a rule and regulation is not
the logical outgrowth of the rule and regulation as originally proposed
if a person affected by the final rule and regulation was not put on
notice that such person's interests were affected in the rule making.
    (d) (1) When, pursuant to this or any other statute, a state agency
holds a hearing on the adoption of a proposed rule and regulation, the
agency shall cause written minutes or other records, including a record
maintained on sound recording tape or on any electronically accessed
media or any combination of written or electronically accessed media
records of the hearing to be made. If the proposed rule and regulation is
adopted and becomes effective, the state agency shall maintain, for not
less than three years after its effective date, such minutes or other
records, together with any recording, transcript or other record made of
the hearing and a list of all persons who appeared at the hearing and
who they represented, any written testimony presented at the hearing
and any written comments submitted during the public comment
period.
    (2) If a public hearing was held prior to the adoption of the rule
and regulation, a state agency, at the time of filing a rule and
regulation with the secretary of state, shall include, as a part of the
adoption certificate or a separate document, a statement specifying the
time and place at which the hearing was held and the number of
members of the public in attendance at such hearing.
    (e) No rule and regulation shall be adopted by a board,
commission, authority or other similar body except at a meeting which
is open to the public and notwithstanding any other provision of law to
the contrary, no rule and regulation shall be adopted by a board,
commission, authority or other similar body unless it receives approval
by roll call vote of a majority of the total membership thereof.
    Sec. 9. K.S.A. 77-437 is hereby amended to read as follows: 77-
437. Except as provided by K.S.A. 77-415, and amendments thereto, all
temporary and permanent rules and regulations of the secretary of
corrections and the Kansas adult authority shall be subject to all of the
provisions of K.S.A. 77-415 to 77-436, inclusive, and amendments
thereto the rules and regulations filing act.
    Sec. 10. K.S.A. 2025 Supp. 77-441 is hereby amended to read as
follows: 77-441. (a) (1) If an economic impact statement required by
K.S.A. 77-420, and amendments thereto, or a revised economic impact
statement prepared pursuant to K.S.A. 77-416(b)(3), and amendments
thereto, indicates that $1,000,000 or more in implementation and
                   HOUSE BILL No. 2719—page 11
compliance costs are reasonably expected to be incurred by or passed
along to businesses, local governmental units and individuals as a result
of the proposed rule and regulation over the initial five-year period
following adoption of such rule and regulation, the state agency
proposing such rule and regulation shall not adopt such rule and
regulation unless such rule and regulation has been ratified by the
legislature.
    (2) Prior to the presentation of a bill to the legislature for
ratification, the state agency shall submit the proposed rule and
regulation, after being submitted to the secretary of administration and
the attorney general as required by K.S.A. 77-420, and amendments
thereto, to the joint committee on administrative rules and regulations
for review, and the committee shall forward such committee's
comments and any recommendations to the appropriate standing
committee for consideration.
    (3) A proposed rule and regulation shall be deemed ratified if a
bill authorizing such rule and regulation is enacted by the legislature.
Any member of the legislature may introduce a bill authorizing a state
agency to adopt a rule and regulation that such agency is prohibited
from adopting under this subsection. The state agency may resume
adopting such proposed rule and regulation upon enactment of a bill
introduced under this subsection. Any proposed rule and regulation
ratified by the legislature shall be resubmitted to the joint committee on
administrative rules and regulations, but the agency shall not be
required to appear in person or present to the committee unless
requested by the committee.
    (b) If a state agency is prohibited from adopting a proposed rule
and regulation under subsection (a), such agency may modify the
proposed rule and regulation to lower the implementation and
compliance costs of the proposed rule and regulation. Any such
modification shall be germane to the subject of the proposed rule and
regulation. If a proposed rule and regulation is modified pursuant this
subsection, the state agency shall prepare a revised economic impact
statement pursuant to K.S.A. 77-416(b)(3), and amendments thereto. A
state agency may adopt such modified rule and regulation if the revised
economic impact statement indicates that $1,000,000 or more in
implementation and compliance costs are not reasonably expected to be
incurred by or passed along to businesses, local governmental units and
individuals as a result of the proposed rule and regulation over the
initial five-year period following adoption of such proposed rule and
regulation.
    (c) The provisions of this section shall not apply to temporary
rules and regulations adopted pursuant to K.S.A. 77-722 77-422, and
amendments thereto, rules and regulations proposed because of a
federal mandate as described in K.S.A. 77-416(b)(1)(B), and
amendments thereto, or rules and regulations adopted pursuant to
K.S.A. 2-3710, and amendments thereto.
    (d) This section shall be a part of and supplemental to the rules
and regulations filing act.
                         HOUSE BILL No. 2719—page 12
   Sec. 11. K.S.A. 75-3504, 77-418, 77-419 and 77-437 and K.S.A.
2025 Supp. 77-415, 77-416, 77-420, 77-421 and 77-441 are hereby
repealed.
   Sec. 12. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
                                                                 Speaker of the House.
                                                              Chief Clerk of the House.
Passed the SENATE
         as amended
                                                                   President of the Senate.
                                                                   Secretary of the Senate.
APPROVED ______________________________________________________________________________
                                                                                 Governor.