Brief(1)
H.B. 2683 amends K.S.A. 77-421, 77-422, and 77-435 which deal with administrative rules and regulations. K.S.A. 77-421, which provides for a public hearing and 60-day notice prior to the adoption of any temporary or permanent administrative rule or regulation, is amended so that the requirement for an open public meeting does not apply to cases in which a single person administrative body is adopting rules or regulations.
K.S.A. 77-422, which provides for the adoption of temporary rules and regulations, is amended so that such temporary rules and regulations may only be adopted when necessitated by reasons of public peace, health, safety, or welfare. A public comment period and hearing would not be required for such an adoption. The provisions of K.S.A. 77-422 (b) requiring public hearings on temporary rules and regulations adopted for reasons other than those necessitated by public peace, health, safety, or welfare are deleted in the bill.
New language would be added to the act to allow agencies to begin procedures to adopt any rule and regulation prior to the enactment of authorizing legislation. Currently, the authority to begin the adoption process applies only to temporary regulations. K.S.A. 77-435 provides for the editing and correction of technical errors in administrative rules and regulations by the Secretary of State without altering the sense or meaning of the rule or regulation in publishing the Kansas administrative regulations and latest supplements thereto. H.B. 2683 would amend this to allow the Secretary of State to submit changes to the State Rules and Regulations Board for approval, any changes made in such editing and correction of technical errors.
Background
The bill was recommended by the Joint Committee on Administrative Rules and Regulations. The members of the Joint Committee on Administrative Rules and Regulations recommended the changes proposed by the bill to improve the process for adopting rules and regulations without diminishing public input.
There is no fiscal note to this bill.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.