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Minutes for SB244 - Committee on Ways and Means

Short Title

Administrative rules and regulations shall sunset five years after adoption unless extension is approved by the legislature.

Minutes Content for Mon, Jan 27, 2020

Chairperson McGinn opened the hearing on SB 244. Jill Wolters provided an overview of the bill and responded to questions from Committee members.  (Attachment 1)

Senator Richard Hilderbrand testified in support of the bill.  Every year while not in session each legislator gets a box in the mail containing books of administrative regulations and, when he flips through them, there is a lot of information that he hasn't seen before.  Some of these regulations are very important for the protection of our citizens and businesses but he questions whether they all serve a purpose.  The intent of this bill is to get more legislative oversight and to ensure that each regulation has a definable benefit to our citizens and businesses.  (Attachment 2)

Elizabeth Patton, Deputy State Director, Americans for Prosperity, stood in support of the bill.  Kansas Administrative Regulations code contains 70,969 restrictions and 3.2 million words.  These result in barriers to entry for new businesses and stifle economic growth and job creation.  Seven other states have taken steps to reduce red tape.  This is common sense and responsible policy.  Ms. Patton responded to questions from Committee members.  (Attachment 3)

Written testimony in support of the bill was submitted by Eric Stafford, Kansas Chamber of Commerce.  (Attachment 4)

Katie Koupol, Deputy Assistant Secretary of State, Communications and Policy, spoke as a neutral conferee.  This is well-intended legislation in eliminating outdated regulations but there are some unintended consequences that could result.  The Office of the Secretary of State is required to receive, review, proof and publish each rule and regulation.  If this bill were to become law, her office anticipates a large increase in the number of regulations to review, proof and publish.  There is also a need to clarify what the terms "amend" and "certify" mean as used in the bill.  Ms. Koupol responded to questions from Committee members.  (Attachment 5)

Christopher Tymeson, Chief Legal Counsel, Department of Wildlife, Parks and Tourism, provided neutral testimony to the bill.  His Department has approximately 180 regulations some of which are reviewed on an annual basis and some on a five year basis.  This would have a significant impact on his agency and on the economy of Kansas as a whole.  Also, the legislature does have the purview to change regulations instead of having a complete review.  Mr. Tymeson responded to questions from Committee members.  (Attachment 6)

John Yeary, General Counsel, Department of Administration, spoke as a neutral conferee.  His Department has a role in reviewing and approval of regulations.  Once regulations are approved by the Director of the Budget, regulations are submitted to them for approval of their organization, style, grammar and spelling.  If a substantial number of regulations were to expire pursuant to this bill, they would anticipate an increase in the number of reviews.  They currently have .9 FTE and they anticipate they would see a need to add FTE when the review year comes around.  Allowing regulations to expire could lead to delays and gaps in oversight.  (Attachment 7)

There being no further conferees, Chairperson McGinn closed the hearing on SB 244.