Kansas SOS Office to Digitize Rulemaking Process: A Bold Step Towards Modernization
The Kansas Secretary of State’s (SOS) office is poised to initiate a significant transformation in its approach to rulemaking and publication. In a bold move, the agency announced plans to transition from a labor-intensive, paper-based process that has been in place for over 60 years to a more efficient, digital system by 2026. This initiative will streamline operations for 133 rulemaking bodies and enhance the experience for state employees as well as the public.
The Need for Change
According to Secretary of State Scott Schwab, the current paper-driven system has its drawbacks. State employees are burdened with physically transporting stacks of paper across the expansive 20-acre Capitol Square to various departments, including the Kansas Register and the Kansas Administrative Regulations office. “Workflows aren’t visible, paperwork can be misplaced or delayed, and when staff retire, institutional knowledge is lost,” Schwab noted. These challenges highlight the pressing need for a more organized and transparent method of tracking regulations as they progress through the system.
Embracing Technology
The Kansas SOS has selected a policy management platform from Texas-based company Esper as part of a three-year contract totaling $1.4 million. This comprehensive system will manage all aspects of the regulatory process—from drafting rules to reviews, approvals, and final publication. Schwab emphasizes that modernization is becoming a core aspect of the agency’s culture, evident from their recent replacement of a 30-year-old IBM AS/400 computer system.
Learning from Industry Best Practices
The Kansas SOS team became acquainted with Esper at a conference hosted by the National Association of Secretaries of State. Whitney Tempel, the director of communications and policy, spearheaded the effort to document the existing workflow and gather feedback from end users to tailor the new platform effectively. Her efforts extend beyond mere implementation; she actively provides testimony before legislative committees to ensure the project’s success.
The Multilayered Process of Rulemaking
California has a structured five-step process for drafting and approving state regulations. Initially, agencies develop a rule and submit it for review to the Department of Administration, followed by legal scrutiny from the attorney general’s office. The Division of Budget then assesses the economic impact statement, and public hearings are held before the final version is filed with the SOS. This workflow involves multiple revisions and loops, depending on feedback from reviewers.
Clay Barker, agency counsel, commented on the complexity of navigating this system. “It takes a lot of work to get a regulation through,” he said. Unlike legislative bodies with dedicated staff for such tasks, many agencies lack specialized knowledge in drafting and moving regulations through the system.
Addressing Knowledge Gaps
One of the most exciting prospects of the new platform is its potential to provide critical guidance to state employees. Questions that range from writing a transmittal letter to crafting a public hearing notice will be addressed within the platform. The inclusion of writing templates, policy examples, and public visibility features marks a leap towards a standardized process that meets the varied needs of state agencies.
A Cooperative Innovation Journey
Esper’s CEO, Maleka Momand, highlighted the thoughtful approach taken to gain buy-in across different state agencies. The project has undergone an extensive 18-month sales cycle, during which significant outreach efforts were made to collect stories and feedback from end users. This community-centric approach ensures the system will effectively meet the diverse needs of those it serves.
Learning from Peers
Interestingly, Kansas isn’t the only state making strides in modernization. Louisiana has similarly turned to Esper for its technology needs, underlining a broader trend among states to modernize their administrative processes.
Lightening the Load
The ramifications of implementing the new system are clear. Schwab remarked on the relief that the new platform will offer, noting that employees previously had to transport paper documents across the Capitol complex. With the upcoming digital solution, the Kansas SOS aims to facilitate a smoother, more efficient, and transparent regulatory process, making it easier for all parties involved—from state employees to the public and industry stakeholders.
As the Kansas Secretary of State’s office embarks on this ambitious journey towards digitization, it symbolizes a pivotal moment in how the state will handle regulations, ensuring a more streamlined and innovative approach to governance.
