Legislative oversight of executive agency rulemaking in Kansas (2025)

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See also: 50-state research: Legislative oversight of executive agency rulemaking, Five pillars of the administrative state: Legislative control

Legislatures oversee executive agency rulemaking through a variety of mechanisms, including reviewing regulations, holding hearings, approving regulations prior to their adoption, or disapproving of or nullifying regulations, among other procedures. State laws and constitutions establish these legislative oversight requirements or authorizations. This page summarizes the legislative oversight of agency rulemaking mechanisms in Kansas law.

This page contains the following sections:

Legislative oversight of agency rulemaking in Kansas
This section details the legislative oversight mechanism in Kansas.
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How does Kansas compare to other states?
This section compares the legislative oversight policies in Kansas to those across the 50 states, specifically related to legislative oversight requirements, designated oversight entity, and scope of regulatory oversight.
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Legislative oversight of agency rulemaking in Kansas

Agencies must submit all proposed rules to the Joint Committee on Administrative Rules and Regulations for review. The committee can submit to the legislature a report including recommendations or concerns regarding agency rules. Any agency rule with compliance or implementation costs exceeding $1 million over a 5-year period must be approved by the legislature to take effect.^[1]

Kan. Stat. § 77-436(c)–(e)

(c) Except for rules and regulations revoked pursuant to K.S.A. 77-426(d), and amendments thereto, all proposed rules and regulations shall be reviewed by the joint committee on administrative rules and regulations during the public comment period required by K.S.A. 77-421, and amendments thereto. The committee may introduce such legislation as it deems necessary in performing its functions of reviewing administrative rules and regulations.

(d) The committee shall issue a report to the legislature following each meeting making comments and recommendations and indicating concerns about any proposed rule and regulation. Such report shall be made available to each agency that had proposed rules and regulations reviewed at such meeting during the agency's public comment period for such proposed rules and regulations required by K.S.A. 77-421, and amendments thereto. If having a final report completed by the public hearing required by K.S.A. 77-421, and amendments thereto, is impractical, a preliminary report shall be made available to the agency containing the committee's comments. The preliminary report shall be incorporated into the final report and made available to each agency.

(e) Except for rules and regulations revoked pursuant to K.S.A. 77-426(d), and amendments thereto, all rules and regulations filed each year in the office of secretary of state shall be subject to review by the joint committee. The committee may introduce such legislation as it deems necessary in performing its functions of reviewing administrative rules and regulations.^[2]

Kan. Stat. § 77-441(a)(1)

(a) (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.^[3]

How does Kansas compare to other states?

Is legislative oversight optional, required, or both?

Because many states have more than one mechanism of legislative oversight of agency regulations, some states have both optional and required legislative oversight mechanisms.

Thirty-four (34) states require legislative review of all or some agency regulations. Seven states include both optional and required legislative oversight mechanisms, and 27 states only have required legislative oversight mechanisms.
Ten (10) states authorize, but do not require, legislative oversight of agency regulations.
The law does not include provisions regarding legislative review of agency actions in six states.

Who reviews the regulations?

Generally, either the full legislature, legislative committees, legislative agencies, divisions, or offices, or any combination of these bodies, is authorized or required to review agency regulations. Thirty-three (33) states authorize or require more than one legislative entity to review agency regulations; therefore, the breakdown below exceeds 50.

Thirty-one (31) states authorize or require full legislative review of agency regulations.
Forty-one (41) states authorize or require legislative committees to review agency regulations.
Thirteen (13) states authorize or require legislative agencies, divisions, or offices to review agency regulations.

What is reviewed?

In states that don't require the legislature to review rules, review is optional, while other states do not have laws relating to legislative oversight of agency rules.

Thirty-two (32) states require legislative review of all rules. Some states require different levels of review for rules that meet different criteria.
Six states require legislative review of some rules. Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws. Other states require legislative review of rules that received a public complaint.
Six states do not require, but explicitly authorize, legislative review of rules.
Six states do not have laws regarding legislative review of agency rules.

Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws.

Footnotes

↑ Kansas passed this state-level REINS law in 2024, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Kansas REINS-style state law page.
↑ Kansas Revisor, "77-436. Joint committee on administrative rules and regulations; creation, membership and chairperson; meetings and quorum; duties; report to the legislature; compensation and expense allowances." Accessed January 14, 2026
↑ Kansas Revisor, "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." Accessed January 14, 2026

[1] Kansas passed this state-level REINS law in 2024, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Kansas REINS-style state law page.

[2] Kansas Revisor, "77-436. Joint committee on administrative rules and regulations; creation, membership and chairperson; meetings and quorum; duties; report to the legislature; compensation and expense allowances." Accessed January 14, 2026

[3] Kansas Revisor, "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." Accessed January 14, 2026

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Legislative oversight of executive agency rulemaking in Kansas (2025)

Contents

Legislative oversight of agency rulemaking in Kansas

How does Kansas compare to other states?

Is legislative oversight optional, required, or both?

Who reviews the regulations?

What is reviewed?

See also

Footnotes

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