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Minutes for HB2411 - 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 Thu, Jan 23, 2020
Chairperson Barker opened the hearing on HB2411. The Revisor provided an overview on the bill (Attachment 7).
Chairperson Barker recognized Representative Ron Highland as a proponent (Attachment 8). He stated that under current law the Budget Director must review any new rule or regulation submitted. This has created a workload on the Budget Director's office that is not sustainable In addition, the Budget Director has the authority to disapprove any new rule and regulation submitted and should not have that much authority. HB2411 makes the changes necessary to address those issues. Questions were asked by Representatives Eplee and Erickson.
Chairperson Barker recognized Larry Campbell, Director of the Budget, as a proponent of HB2411 (Attachment 9). Mr. Campbell stated that the original intent of the law passed in 2018 was for the Division of Budget to review rules and regulations that cost the public over $3 million over a two-year period. The bill enacted, however, required the Division of Budget to review all rules and regulations proposed by state agencies. Last year their office reviewed and approved 588 rules and regulations; of those, only ten were over the $3 million threshold. That law has caused unnecessary bureaucracy. HB2411 makes the changes necessary to address those issues. Questions were asked by Representatives Ruiz and Mason.
Representative John Carmichael testified as a proponent on HB2411 (Attachment 10). He stated that since passing the 2018 law, they have learned that a heavy burden was imposed on the Director of the Budget without providing the funds and staff necessary to perform the detailed review required. Prior to 2018, the Joint Committee on Rules and Regulations (JCARR) had situations where agencies would come in and tell them the financial impact of a rule or regulation was negligible, but that's all JCARR would know about the cost. Now the law requires financial disclosure not only to JCARR, but to the public as well, and it is a good law and it is working. If the Legislature wants stricter requirements, lower threshold levels, and more thorough reviews, then they must give the Director the money to do that analysis. He noted several areas in the rules and regulations process that he believes are problematic, including his and Representative Highland's opinion that the Division of Budget will spend more money doing a careful financial analysis than either the State or the citizens will save. He stated the Legislature either has to tailor bills in a way that forces agencies to do what the Legislature intends in a timely way or there will be situations where agencies will not comply or will frustrate the intent of the Legislature by not promulgating any rules and regulations. He stated HB2411 is bipartisan in every way, as was the original bill. He hopes the Committee will defer to the experience of those who have and are sitting on the Rules and Regulations Committee and pass this bill.
The Chairperson recognized Chris Tymeson, who testified as a proponent on behalf of the Kansas Department of Wildlife, Parks, and Tourism (Attachment 11). He is requesting an amendment to HB2411 to begin the process approving rules and regulations with the Department of Administration (DOA), followed by the Attorney General's Office (AG) and then the Division of Budget (DOB). He stated this would result in significant personnel time savings.
Chairperson Barker noted there were no more proponents. He recognized Randy Stookey who testified as a neutral on HB2411 on behalf of Kansas Grain & Feed Association; Kansas Agribusiness Retailers Association; and Renew Kansas Biofuels Association (Attachment 12). He stated that his organizations strongly supported the passage of HB 2280 in 2018. They agree that changes could be made to alleviate some of the duties imposed on the Budget Director as a result of that law. They do have a concern about some portions of HB2411 that seek to remove parts of the review process and they would ask that the $3 million impact threshold be reduced to a $2 million threshold.
Chairperson Barker recognized Eric Stafford as a neutral on HB2411 on behalf of the Kansas Chamber (Attachment 13). He stated that the Kansas Chamber supported the passage of HB2280 in 2018. They have since been informed that it has caused additional work for the Budget Director's Office. They have some concerns with some aspects of HB2411, and are willing to sit down and work with the Budget Director on those proposed changes.
Chairperson Barker recognized Shahira Stafford, Kansas Cooperative Council, testified as a neutral on HB2411 (Attachment 14). The agribusiness industry supported HB2280 in 2018 and they continue to support more transparency and careful analysis of the need for proposed regulations that impact their member businesses. They understand that the 2018 law has placed an additional burden on the Budget Director. The Kansas Cooperative Council is more than willing to work with his office in further amending the Rules and Regulations Filing Act to alleviate some of those burdens.
Chairperson Barker noted that there was written neutral testimony from Dwight Meyer of the Kansas Soybean Association (Attachment 15).
Chairperson Barker closed the hearing on HB2411.
Chairperson Barker opened the floor for requests for bill introductions. There were none.
The meeting was adjourned at 10:05 a.m.
