CHAPTER 82 HOUSE BILL No. 2683 An Act concerning rules and regulations; relating to the rules and regulations filing act;
amending K.S.A. 77-421, 77-422 and 77-435 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 77-421 is hereby amended to read as follows: 77-
421. (a) (1) Except as provided by subsection (a)(2), prior to the adoption
of any permanent rule and regulation or any temporary rule and regula-
tion which 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 and the attorney general, 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 mailed to the secretary of state
and to the chairperson of the joint committee 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 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 state-
ment, if applicable, indicating the need for the proposed rules and reg-
ulations; (D) the address where a complete copy of the proposed rules
and regulations, the complete economic impact statement, the environ-
mental 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 re-
ceiving 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 which establishes sea-
sons and fixes bag, creel, possession, size or length limits for the taking
or possession of wildlife and after such rule and regulation has been ap-
proved by the secretary of administration and the attorney general, the
secretary of the department of wildlife and parks shall give at least 30
days' notice of its intended action in the Kansas register and to the sec-
retary 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)(E)
shall state that the period of 30 days' notice constitutes a public comment
period on such rules and regulations.

(b) 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. When requested to
do so, the state agency shall prepare a concise statement of the principal
reasons for adopting the rule and regulation or amendment thereto.
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 may, 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 act section. Notwithstanding the other provisions of this section, the
Kansas parole board and the secretary of corrections, may give notice or
an opportunity to be heard to any inmate in the custody of the secretary
of corrections with regard to the adoption of any rule and regulation, but
the secretary shall not be required to give such notice or opportunity.

(c) 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 main-
tained 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 a list of all persons who appeared at the hearing and who they rep-
resented, any written testimony presented at the hearing and any written
comments submitted during the public comment period.

(d) 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. 2. K.S.A. 77-422 is hereby amended to read as follows: 77-422.
(a) A rule and regulation may be adopted by a state agency as a temporary
rule and regulation if the state agency and the state rules and regulations
board finds that: (1) the preservation of the public peace, health, safety
or welfare necessitates or makes desirable putting such rule and regula-
tion into effect prior to the time it could be put into effect if the agency
were to comply with the notice, hearing and publication requirements of
this act or prior to the effective date prescribed by K.S.A. 77-426, and
amendments thereto; (2) it is necessary for such rule and regulation to
take effect prior to the effective date prescribed by K.S.A. 77-426, and
amendments thereto, in order to comply with the requirements of the
statute authorizing the adoption of such rule and regulation or with any
federal law with which the state agency is required to comply or with
rules and regulations of federal agencies adopted pursuant to any such
federal law; (3) the rule and regulation is adopting, amending or revoking
a rule and regulation in response to specific direction contained in a con-
current resolution adopted by the legislature and directed to such agency;
or (4) (A) insufficient appropriations are available for a specific fiscal year
to meet certain budget requirements for such fiscal year which necessi-
tates putting a rule and regulation into effect prior to the effective date
prescribed by K.S.A. 77-426, and amendments thereto, (B) the temporary
rule and regulation applies only to such fiscal year, and (C) the proposed
rule and regulation is not contrary to the provisions of an appropriations
act or other act of the legislature.

(b) Temporary rules and regulations, other than temporary rules and
regulations adopted pursuant to subsection (a)(2) or (4), may be adopted
without the giving of notice and the holding of a hearing thereon.

(c) No temporary rule and regulation shall be adopted prior to the
effective date of the statute authorizing its adoption, but, prior to the
effective date of such statute, the proposed temporary rule and regulation
may be submitted to the secretary of administration and to the attorney
general for approval as required by K.S.A. 77-420, and amendments
thereto, and notice of the proposed rule and regulation may be given and
a hearing held thereon in the manner prescribed by K.S.A. 77-421, and
amendments thereto.

(d) (c) A temporary rule and regulation shall take effect: (1) After
approval by the secretary of administration and the attorney general as
provided by K.S.A. 77-420, and amendments thereto; (2) after approval
by the state rules and regulations board as provided by K.S.A. 77-423,
and amendments thereto; and (3) upon filing with the secretary of state.
The effective date of all or specific parts of a temporary rule and regu-
lation may be delayed to a date later than its filing date if the delayed
effective date of such rule and regulation, or specific parts thereof, is
clearly expressed in the body of such rule and regulation. A temporary
rule and regulation shall be effective for a period not to exceed 120 days.

(e) (d) A temporary rule and regulation which amends an existing
rule and regulation shall have the effect of suspending the force and effect
of the existing rule and regulation until such time as the temporary rule
and regulation is no longer effective. In such case, at the time the tem-
porary rule and regulation ceases to be effective, the existing permanent
rule and regulation which was amended by the temporary rule and reg-
ulation shall be in full force and effect unless such existing rule and reg-
ulation is otherwise amended, revoked or suspended as provided by law.

(f) (e) Temporary rules and regulations shall be numbered in accord-
ance with the numbering arrangement approved by the secretary of state
and shall otherwise shall conform to the approval, adoption and filing
requirements of this act, insofar as the same can be made applicable.

Sec. 3. K.S.A. 77-435 is hereby amended to read as follows: 77-435.
In publishing the material in the Kansas administrative regulations and
latest supplements thereto, the secretary of state shall not alter the sense,
meaning or effect of any rule and regulation but may correct manifest
orthographical, clerical or typographical errors and may edit the rules and
regulations in the following manner:

(a) By inserting the correct references in lieu of any internal cross-
references to session laws or other outdated statutory references or out-
dated references to other rules and regulations sections.

(b) By changing descriptive-subject-word headings of sections, sub-
sections or subparts of a rule and regulation in order to briefly and clearly
indicate the subject matter of such sections.

(c) Wherever a board, commission, commissioner, department or
other agency or officer of the state government has been abolished by
statute and the powers, duties and jurisdiction thereof transferred to some
other board, commission, commissioner, department or other agency or
officer now in existence, the secretary of state may edit the rules and
regulations affected thereby by striking out the name of the abolished
board, commission, commissioner, department or other agency or officer
and inserting in lieu thereof the name of the proper board, commission,
commissioner, department or other agency or officer.

(d) Where a pronoun of only masculine or only feminine gender ap-
pears a pronoun of the opposite gender may be added, or language may
be changed for the same purpose, so long as the opening limitation of
this section is not violated.

(e) By striking the word ``that'' wherever it appears as the first word
of any section in the Kansas administrative regulations or the latest sup-
plement thereto.

(f) By correcting doublets.

The secretary of state may submit to the state rules and regulations
board, for the board's approval, any proposed changes made pursuant to
the provisions of this section. No change made pursuant to the provisions
of this section shall effect any change in the substantive meaning of the
rule and regulation section, and any error made by the secretary of state
in editing the rules and regulations as authorized by this section shall be
construed as a clerical error only.

New Sec. 4. Prior to the effective date of a statute authorizing the
adoption of a rule and regulation, a proposed rule and regulation may be
submitted to the secretary of administration and to the attorney general
for approval as required by K.S.A. 77-420, and amendments thereto, and
notice of the proposed rule and regulation may be given and a hearing
held thereon in the manner provided by K.S.A. 77-421, and amendments
thereto, but such rule and regulation shall not be submitted to or filed
with the secretary of state prior to the effective date of the statute au-
thorizing its adoption.

Sec. 5. K.S.A. 77-421, 77-422 and 77-435 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1998

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