Providing for occupational licensing annual reports by agencies to the joint committee on administrative rules and regulations and requiring that adoption of new occupational licenses and material changes to existing occupational licenses by a state agency be approved by the legislature by ratification.

SENATE BILL No. 30
AN ACT concerning labor and employment; relating to occupational licensing; providing
for occupational licensing annual reports by agencies to the joint committee on
administrative rules and regulations; requiring that adoption of new occupational
licenses and material changes to existing occupational licenses by a state agency be
approved by the legislature by ratification.
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 the executive branch of
state government. "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 or state board of
pharmacy.
(b) "Material change" means a modification that significantly
affects the nature, scope, value or fundamental aspects of the
occupational license that is sufficiently important to influence duties,
decisions, rights or obligations of the licensee or license applicant.
(c) "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 or state board of pharmacy.
(d) "Welfare" means the protection of the public against fraud or
physical or psychological harm. "Welfare" does not include the
protection of businesses or agencies, whether publicly or privately
owned, against competition.
Sec. 2. (a) Each agency shall submit an annual report to the joint
committee on administrative rules and regulations during the month of
September of each year.
(b) The report shall contain a list of each occupational license over
which the agency has jurisdiction and provide the following for each
occupational license:
(1) The number of current holders of the occupational license;
(2) a brief description of the typical employment of license
holders;
(3) a list of the regulations governing the issuing and maintaining
of the occupational license;
(4) the authorizing and implementing statutes for the regulations;
(5) whether the occupational license is mandated or regulated by
federal requirements;
(6) a description of the required education, training and testing
requirements to obtain the occupational license;
(7) a description of any continuing education or testing
requirements to maintain the occupational license;
(8) an enumeration of the total fees paid to the agency to obtain
and maintain the occupational license;
(9) an identification of any requirement concerning good moral
character to obtain or maintain the occupational license;
(10) an identification of any restrictions in obtaining or holding
the occupational license imposed on individuals with criminal records;
and
(11) a description of any reciprocity agreements allowing for
interstate occupational license recognition.
Sec. 3. (a) (1) Any new occupational license or material change to
an existing occupational license proposed to be adopted by an agency
SENATE BILL No. 30—page 2
on or after January 1, 2026, shall require approval of the legislature by
ratification before the requirement shall take effect. A requirement shall
be deemed ratified if a bill authorizing such requirement is enacted by
the legislature in a manner similar to the provisions of K.S.A. 2025
Supp. 77-441, and amendments thereto.
(2) Notwithstanding any current provision of law, every existing
statutory grant of authority to an agency to adopt regulations regarding
occupational licenses that exists on January 1, 2026, is supplemented
by this section.
(b) (1) An agency proposing a new occupational license or
material change to an existing occupational license for consideration by
the legislature shall submit a written proposal to the Kansas legislative
research department addressing the items set forth in paragraph (4). The
Kansas legislative research department shall review the agency's
written proposal, compile the information provided as necessary and
prepare a report for presentation to the legislature, as provided by
paragraph (3). The agency shall provide the department with additional
information or analysis as the department may request in time so as to
enable preparation of a comprehensive and thorough report within the
period required by paragraph (3).
(2) Before consideration by the legislature of a bill approving a
new occupational license or material change to an existing occupational
license 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 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 new occupational license or material change to
an existing occupational license, including a review of the report by
staff pursuant to paragraphs (1) and (3), 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 new
occupational license or material change to an existing occupational
license 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 (1) and
(3) shall be included in such written recommendation.
(3) The chairperson of a standing committee of the house of
representatives or the senate reviewing a new occupational license or
material change to an existing occupational license as provided by
paragraph (2) shall request staff from the Kansas legislative research
department to prepare the written proposal from the agency proposing
such new occupational license or material change to an existing
occupational license as a written report to the committee. The report
shall be presented to the committee by staff from the Kansas legislative
research department within two weeks of such request by the
chairperson.
(4) The report shall include:
(A) An analysis and explanation by the agency as to why the new
occupational license or material change to an existing occupational
license is necessary to protect public health, safety or welfare;
(B) an examination by the agency of available alternative
measures, including voluntary certification and other potential less
restrictive measures;
(C) an analysis by the agency as to whether the requirement is the
least restrictive means to achieve its stated purpose. This item shall
include a ranking by the Kansas legislative research department of the
agency's proposal on a scale of relative restrictiveness of regulatory
measures;
SENATE BILL No. 30—page 3
(D) an examination of and comparison as to whether and how
other states regulate the profession at issue to be prepared by the
Kansas legislative research department;
(E) an examination by the agency of the effect that the new
occupational license or material change to an existing occupational
license will have on job creation or retention; and
(F) an examination by the agency 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 Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.

Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.