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Minutes for HB2087 - Committee on Federal and State Affairs
Short Title
Limiting the review of certain rules and regulations by the director of the budget.
Minutes Content for Mon, Feb 1, 2021
Chairperson Barker opened the hearing on HB2087. Matt Sterling, Office of Revisor of Statutes, provided an overview of the bill (Attachment 1).
Chairperson Barker recognized Representative Ron Highland as a proponent on HB2087 (Attachment 2). Representative Highland stated that a bill was passed in 2018 which came from the Rules and Regulations Joint Committee. The intent was to obtain more precise information concerning the eventual cost of any new rule or regulation being proposed. The law was too broad, however, and gave the Budget Director too much authority. HB2087 is a cleanup bill which would remove the power of the Budget Director to disapprove rules and regulations; allow regulations required by a federal mandate to skip the Budget Director's review process; the Budget Director will not have to perform a formal review of the economic impact statement if the rule or reg will cost less than $3 million over a two-year period; provides that the two-year period for calculating the cost of the rule and reg starts at the effective date of the rule and reg; and removes the requirement that the agency provide an estimate of the total implementation and compliance cost.
Chairperson Barker recognized Christopher Tymeson as a proponent (Attachment 3). He stated that this proposal would result in significant personnel time savings. By changing the review process, maximum efficiency is achieved and the underlying purpose of the review process is still met, resulting in savings to budgets and personnel time.
Adam Proffitt, Director of Budget, testified in support of HB2087 (Attachment 4). He stated that passage of this bill would preserve the analytic review that agencies are required to undertake to ensure that the regulations they are enacting are not placing an undue burden on the state, and it would eliminate an unnecessary layer of bureaucracy from the process. Questions were asked by Representatives Highberger and Awerkamp.
Chairperson Barker stated there were no further proponents and there were no opponents. He opened the floor for neutral testimony on the bill.
Eric Stafford testified as a neutral to HB2087 (Attachment 5). He stated that his agency is receiving feedback from some of its members that there are some agencies that use this law as a reason to slow down the implementation or approval of regulations. They would support adding language putting a time requirement to ensure agencies don't use this law as a crutch to take their time in issuing comprehensive economic impact review statements to the budget director. Questions were asked by Representatives Miller and Highberger. Chairperson Barker asked Mr. Stafford to provide the Committee with the names of the agencies who are using this law as a way to slow down implementing the regulations.
Chairperson Barker noted that there was written neutral testimony from Shahira Stafford, Kansas Cooperative Council (Attachment 6); Randy Stookey, Kansas Grain & Feed Association, Kansas Agribusiness Retailers Association and Renew Kansas Biofuels Association (Attachment 7); and Katie Koupal, Assistant Secretary of State (Attachment 8).
Chairperson Barker stated that the Committee would see this bill tomorrow. There being no further conferees, Chairperson Barker closed the hearing on HB2087.
