77-441.
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/ks/chapter-77/77-441A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
77-441. Proposed rule and regulation requiring ratification by legislature, when; modification of proposed rule and regulation by state agency; provisions of this statute not applicable to certain rules and regulations.
(1)If an economic impact statement required by K.S.A. 77-420 , and amendments thereto, or a revised economic impact statement prepared pursuant to K.S.A. 77-416 (b)(3), and amendments thereto, indicates that $1,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units and individuals as a result of the proposed rule and regulation over the initial five-year period following adoption of such rule and regulation, the state agency proposing such rule and regulation shall not adopt such rule and regulation unless such rule and regulation has been ratified by the legislature. A proposed rule and regulation shall be deemed ratified if a bill authorizing such rule and regulation is enacted by the legislature. Any member of the legislature may introduce a bill authorizing a state agency to adopt a rule and regulation that such agency is prohibited from adopting under this subsection. The state agency may resume adopting such proposed rule and regulation upon enactment of a bill introduced under this subsection.
(b)If a state agency is prohibited from adopting a proposed rule and regulation under subsection (a), such agency may modify the proposed rule and regulation to lower the implementation and compliance costs of the proposed rule and regulation. Any such modification shall be germane to the subject of the proposed rule and regulation. If a proposed rule and regulation is modified pursuant this subsection, the state agency shall prepare a revised economic impact statement pursuant to K.S.A. 77-416 (b)(3), and amendments thereto. A state agency may adopt such modified rule and regulation if the revised economic impact statement indicates that $1,000,000 or more in implementation and compliance costs are not reasonably expected to be incurred by or passed along to businesses, local governmental units and individuals as a result of the proposed rule and regulation over the initial five-year period following adoption of such proposed rule and regulation.
(c)The provisions of this section shall not apply to temporary rules and regulations adopted pursuant to K.S.A. 77-722, and amendments thereto, rules and regulations proposed because of a federal mandate as described in K.S.A. 77-416 (b)(1)(B), and amendments thereto, or rules and regulations adopted pursuant to K.S.A. 2-3710 , and amendments thereto.
(d)This section shall be a part of and supplemental to the rules and regulations filing act.