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Session of 2025
HOUSE BILL No. 2279
By Committee on Federal and State Affairs
Requested by Representative W. Carpenter
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AN ACT concerning rules and regulations; relating to proposed rule and
regulation ratification by legislature; exempting the department of
wildlife and parks from the implementation and compliance cost
restrictions of this section; amending K.S.A. 2024 Supp. 77-441 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 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
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. 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.
(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
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HB 2279 2
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, or rules and regulations adopted by the Kansas
department of wildlife and parks.
(d) This section shall be a part of and supplemental to the rules and
regulations filing act.
Sec. 2. K.S.A. 2024 Supp. 77-441 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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