Legislative Highlights 2024

Highlights is a summary of major legislation passed during the Session. This edition contains summaries from more than 20 major topics, and includes briefs on Abortion Reporting Requirements, SOUL Family Legal Permanency, Workers Compensation Reform, Civil Asset Forfeiture, and the Countries of Concern Divestment Act.

ABORTION

Coercion to Obtain an Abortion

Senate Sub. for HB 2436 creates the crime of coercion to obtain an abortion, which includes the conduct of engaging in such coercion with knowledge of a pregnancy while also intending to compel the woman to obtain an abortion against her express wishes.

Reporting Requirements

HB  2749 requires medical facilities providing abortions to ask patients, prior to the termination of a pregnancy, to choose 1 of 11 reasons as the most important factor for seeking an abortion. Medical facilities must also collect ten demographic pieces of information and report if a patient declines to answer. The Kansas Department of Health and Environment is required to release the public report on abortions performed in Kansas twice a year.

AGRICULTURE & NATURAL RESOURCES

Kansas Wildlife and Parks Commission

HB 2530 makes changes to the Kansas Wildlife and Parks Commission by decreasing the number of Commissioners appointed by the Governor from seven to four and authorizing the House Speaker, Senate President, and Attorney General to appoint one Commissioner each. The Commission is required to preserve the rights guaranteed by Section 21 of the Bill of Rights of the Kansas Constitution regarding the right of the public to hunt, fish, and trap wildlife.

Pesticide and Chemigation Safety Laws

HB 2607 updates law to comply with U.S. Environmental Protection Agency standards. The bill provides for specific supervision and training requirements; proof of financial responsibility requirements; registration of specific pesticide applications; certification for commercial applicators, pest control technicians, and private applicators; clarification of civil penalties; and establishment of record retention practices, among other things.

IGUCAs and LEMAs

HB 2634 allows an Intensive Groundwater Use Control Area (IGUCA) plan or Local Enhanced Management Area (LEMA) plan to include flexibility in the use of water rights. The Chief Engineer is authorized to consider allowing flexibility through multi-year allocations, use in excess of a water right’s annual authorized quantity, or other method, so long as the overall water use is reduced during the plan term.

ALCOHOL & GAMING

Microbreweries

Senate Sub. for HB 2124 permits microbreweries to self-distribute up to 1,000 barrels of beer and 3,000 gallons of hard cider per year. The bill lowers the number of barrels a microbrewery may manufacture and store annually from 60,000 to 30,000 barrels. The bill also requires a study and report on licensed microbrewery compliance with state laws and rules and regulations regarding the collection and remittance of alcoholic liquor enforcement and gallonage taxes.

Tribal Gaming Compact Amendment

HR 6045 and SR 1750 approve an amendment to the gaming compact between the Iowa Tribe of Kansas and Nebraska and the State of Kansas to allow for sports wagering operations on the Tribe’s reservation lands.

CHILDREN & YOUTH

Office of the Child Advocate

SB 115 establishes the Office of the Child Advocate (OCA) as an independent state agency for investigating and resolving complaints made by, and on behalf of, children adversely affected by the child welfare system; recommending changes to relevant policies, procedures, rules, or regulations; and reporting on such findings annually. The Child Advocate is appointed by the Governor with Senate confirmation to serve as the head of the OCA and is required to have extensive experience in child welfare.

SOUL Family Legal Permanency

HB  2536 establishes the “Support, Opportunity, Unity, Legal Relationships (SOUL) Family Legal Permanency” (SFLP), a new legal permanency option for foster youth 16 years of age or older. The appointment of SFLP may be made with agreement and approval of the youth; consent of the youth’s parent, unless consent is not required due to a finding of unfitness or termination of parental rights (TPR); and approval by the court. A court may order SFLP after a finding of parental unfitness, after TPR, or when determined to be in the best interests of the youth and the appointment requirements are met.

Disclosure of Child Fatality Information

HB  2628 requires the Secretary for Children and Families, in response to an open records request, to release information to the public if criminal charges are filed with a court alleging that a person caused a child fatality.

COMMERCE & LABOR

Workers Compensation Reform

SB 430 amends workers compensation law to, among other things, adjust future maximum benefit limits, increase employer reimbursements and coverage for employee medical consultations, adjust benefit calculations, provide coverage for members of the Kansas National Guard, and modernize elements of the administrative process. The bill also increases lifetime maximum benefits to the following: death to $500,000; permanent total disability to $400,000; temporary total disability to $225,000; permanent partial disability to $225,000; temporary partial disability to $225,000; and functional only to $100,000.

Unemployment Compensation Reforms

Sub. for HB 2570 makes various changes to unemployment compensation law.

Taxable Wage Base. The bill increases this base for employer contributions to 40.0 percent of the statewide average annual wage by 2030 and reduces contribution rates for all positively rated employers. The bill provides for an optional and conditional write-off of certain negative account balances to increase the reserve ratios of employers in exchange for the employer being fixed at the lowest rate group for the next three years. This assignment can be avoided by employers making voluntary contributions to increase their reserve ratio to a required threshold.

“Interview Ghosting.” The bill provides for an audit and reporting process for employers to report applicants who do not participate in scheduled interviews without notifying the employer.

Suspension of Benefits. The bill requires, to the extent authorized by federal law, state unemployment benefits be suspended when claimants receive certain federal unemployment benefits.

Other Reforms. The bill also specifies qualifications for the Employment Security Board of Review, extends the Unemployment Compensation Modernization and Improvement Council, defines temporary unemployment, permits work-share agreements for certain school bus drivers, and requires various additional reporting by the Department of Labor.

CORRECTIONS

Crimes and Penalties Involving Fentanyl

SB 414, among other provisions, amends law related to the prosecution and sentencing of crimes involving fentanyl.

Crime of Aggravated Endangering a Child. The bill specifies causing or permitting a child to be in an environment where the person knows or reasonably should know paraphernalia or dangerous materials related to the distribution or manufacture of fentanyl are present constitutes the crime of aggravated endangering a child, classified as a severity level 6 person felony when bodily harm is inflicted upon the child.

Unlawful Distribution Penalties. The bill specifies the crime of unlawful distribution of fentanyl is a drug severity level 1, 2, 3, or 4 felony, depending on the weight or number of dosage units distributed, and authorizes the application of a special sentencing rule providing for a more severe punishment when the offender is convicted of a drug severity level 1, 2, or 3 felony violation.

Good Samaritan Law

House Sub. for SB 419 establishes immunity from prosecution for possession of a controlled substance or drug paraphernalia for individuals who request assistance from law enforcement or emergency medical services while using a controlled substance. Immunity is available to both the person who needs assistance and the person who requested the assistance when certain conditions are met. Immunity would not be provided when the quantity of the controlled substance at the scene is of such an amount to create a rebuttable presumption of an intent to distribute.

Crimes of Organized Retail Crime and Encouraging Suicide

Senate Sub. for HB 2144 establishes two crimes in the Kansas Criminal Code: organized retail crime and encouraging suicide.

Organized Retail Crime. The crime may be committed when a person takes merchandise with an aggregate retail market value of $5,000 or more from one or more retailers within a 12-month period as part of an organized plan to commit theft. The penalty for the crime is categorized as a severity level 6, 5, or 4 nonperson felony based upon the value of the stolen merchandise. The Attorney General may prosecute the crime concurrently with any county or district attorney.

Encouraging Suicide. The crime may be committed when a person knowingly encourages an individual to commit or attempt suicide when the person knows the individual has communicated a desire to commit suicide. The encouragement must occur near the time of the suicide and substantially influence the individual’s decision or methods used to commit or attempt suicide. The penalty is a severity level 5 person felony if the individual attempts suicide and a severity level 4 person felony if the individual commits suicide.

Increased Penalties for Harming Law Enforcement Animals

HB 2583 increases the penalty for inflicting harm that results in disability or death of certain horses or dogs used in service of law enforcement to include a mandatory 90-day prison term; a minimum fine of $10,000; a psychological evaluation; and, as a condition of probation, completion of an anger management program. The bill also requires restitution for certain costs and expenses related to the animal’s disability or death.

Levi’s Law

HB 2665 increases the penalties for leaving the scene of an accident when the driver knew or reasonably should have known the accident resulted in injury or death from a severity level 5 to a severity level 4 person felony when one death occurs. The crime is a severity level 3 person felony when more than one death occurs.

EDUCATION

Deferred Maintenance

SB 18 creates the Kansas Campus Restoration Act, authorizing the State Board of Regents to adopt rules and regulations relating to deferred maintenance and demolition of facilities at postsecondary institutions.

Inclusive Early Childhood Program

SB 28, among other things, includes $300,000 from the SGF for FY 2025 for the Kansas State School for the Blind to transition their current preschool program into an inclusive early childhood program for children ages 3 to 5.

Enrollment Determination

House Sub. for SB 73 amends the Kansas School Equity and Enhancement Act to require school district enrollment to be determined using the current or preceding school year. The bill also authorizes an additional determination for school year 2024-2025 only, to allow school districts to consider the arithmetic mean of the sum of the number of students enrolled in the preceding school year and second- preceding school year.

Omnibus Education Bill

House  Sub.  for  SB  387 contains appropriations for the Kansas State Department of Education (KSDE) of $6.7 billion, including $4.6 billion SGF in FY 2024; $6.6 billion, including $4.9 billion SGF for FY 2025; and $4.2 billion SGF for FY 2026. [Note: This funding is also detailed under State Finances.]

Task Forces. The bill creates the Education Funding Task Force and repeals authorization for the Special Education and Related Services Funding Task Force.

Special Education Excess Costs. The bill amends and creates law governing the Special Education State Aid excess costs formula. The bill requires school districts to transfer funds attributable to special education funding within the district’s local option budget to the district’s special education fund. The bill also requires KSDE to determine each individual school district’s excess costs using the same calculation methodology as the statewide calculation for excess costs and requires the State Board of Education (State Board) to create a new distribution system for Special Education State Aid in excess of $528.0 million.

At-Risk Accountability Plans. The bill initiates a two-year pilot program in school year 2024-2025 for select school districts and statewide in 2026-2027 to establish at-risk student accountability plans and annually report on at-risk student performance and longitudinal academic improvements. The bill also requires publication of an online at-risk best practices resource list and prohibits the State Board from revising or updating the English language arts (ELA) or mathematics curriculum standards until the State Board’s goal of 75.0 percent of all students scoring at levels 3 or 4 on the ELA and mathematics assessments is met.

Open Enrollment. The bill requires school districts to prioritize non-resident students who reside in Kansas over non-resident students from other states and provides for continued enrollment of current non- resident students during open enrollment. Neither the resident or receiving school district is responsible for transportation unless required by applicable law.

School District Building Closure. The bill amends law governing the disposal of a school district building and the procedures and notification requirements for school districts seeking to dispose of or sell a building.

Virtual Schools. The bill changes the formula for determining Virtual Student State Aid for both students 19 years or younger and adult learners. The bill also permits virtual students to participate in Kansas High School Activities Association activities under certain requirements.

Kansas Blueprint for Literacy

SB 438, among other things, establishes the Kansas Blueprint for Literacy. The Blueprint creates and assigns duties to an Advisory Committee and requires the State Board of Regents to appoint a Director of Literacy who will serve as the Advisory Committee chairperson.

Structured Literacy Practices and Assessment. The Blueprint requires postsecondary educational institutions to designate structure literacy as the official tier 1 methodology and prohibits the use of systems such as three-cueing as the primary methodology. The State Board of Regents is also required to make recommendations to the State Board of Education regarding a comprehensive reading and literacy assessment system.

Postsecondary Education and Credentials. The Blueprint requires postsecondary educational institutions to, among other requirements, ensure explicit courses in structured literacy are offered at state educational institutions. The Blueprint also requires the State Board of Education and the State Board of Regents to collaborate on the development and approval of a micro-credential or certification in structured literacy.

Appropriations. The bill appropriates $10.0 million in FY 2025, subject to certain restrictions, to the State Board of Regents for the Blueprint’s implementation.

Scholarships and Financial Assistance

SB 19 and SB 438 make various changes to scholarships and financial assistance, as follows:

EMERGE Program. SB 19 establishes the Kansas National Guard Educational Master’s for Enhanced Readiness and Global Excellence (EMERGE) Program. The program, subject to appropriations, will provide financial assistance for tuition and fees each semester to eligible Kansas National Guard members pursuing master’s degrees at Kansas educational institutions.

Kansas Education Opportunity Scholarship Program Act. SB 438 replaces the Kansas Ethnic Minority Scholarship Program with the Kansas Education Opportunity Scholarship Program Act. Under the Act, first generation students or students who have a parent or guardian employed in Kansas as a pre-K through grade 12 teacher or paraprofessional are eligible for a scholarship. Eligible students must be accepted for admission to or enrolled full-time in a postsecondary educational institution or an accredited independent institution.

Nursing Service Scholarship Program. SB 438 removes the limit on the number of scholarships that may be awarded each year. The bill also removes provisions requiring a certain number of the scholarships to be awarded to nursing students whose sponsors are located in rural areas, who are enrolled in a course of instruction leading to licensure as a registered professional nurse, and who are enrolled in a course of instruction leading to licensure as a licensed practical nurse. The bill also prioritizes qualified applicants with the greatest financial need.

Kansas Hero’s Scholarship Act. SB 438 amends the Kansas Hero’s Scholarship Act to increase the number of eligible recipients who may receive financial assistance.

Diversity, Equity, and Inclusion at State Universities

HB 2105 prohibits postsecondary educational institutions from requiring an application for student admission or for hiring or promoting a faculty member to make a statement of personal support or opposition to any political ideology or movement, including a statement regarding diversity, equity, or inclusion (DEI). The bill also prohibits postsecondary educational institutions from denying or accepting admission or educational aid to a student; hiring an applicant for employment; or hiring, reappointing, or promoting faculty on the basis of viewpoints expressed in a pledge or statement, including a pledge regarding DEI.

FINANCIAL INSTITUTIONS & INSURANCE

Commercial Financing Disclosure Act

SB  345 creates the Commercial Financing Disclosure Act, pertaining to commercial financing transactions (i.e., any commercial loan, accounts receivable purchase transaction, and commercial open-end credit plan when the transaction is a business purpose transaction) between a provider and a business. The bill also requires the disclosure of certain commercial financing product transaction information, creates exemptions from the Act, provides for civil penalties for violations, and authorizes the Attorney General to enforce the Act.

KMBA and UCCC Modernization

Senate Sub. for HB 2247 removes and relocates mortgage compliance provisions from the Kansas Uniform Consumer Credit Code (UCCC) to the Kansas Mortgage Business Act (KMBA), adds law supplemental to the KMBA and to the UCCC, amends contract rate law, and makes several amendments to the UCCC. Among the changes, the bill:

• Updates the definition of “threshold amount” for consumer credit transactions by increasing this amount from $25,000 to $69,500; [Note: This new amount mirrors provisions in the Truth in Lending Act (Regulation Z).]
• Amends the allowed finance charge on a closed-end consumer loan from a blended rate to a maximum (flat) rate of36.0 percent. Prepaid finance charges are limited to an amount not exceeding the lesser of 2.0 percent or $300;
• Modifies the surcharge prohibition on credit or debit cards to instead provide that no person or retailer doing business in a sales, service, or lease transaction with a customer may impose a surcharge on a customer who elects to use a credit card as payment unless such person or retailer discloses the amount of such surcharge through a clear and conspicuous notice to the customer at the point of entry or the point of sale and in advance of such transaction; and
• For payday loans, adds a provision regarding repayment to state that a consumer who is unable to repay a payday loan when it is due may elect once every 12 months to repay the payday loan by means of an extended payment plan. The bill outlines the process for a consumer to request such plan, its terms, and failure to pay an extended payment plan installment. It further specifies that no additional payday loan shall be made to the consumer during an extended payment plan.

Kansas Money Transmission Act; Earned Wage Access Services Act; Bank Deposits

HB 2560 repeals and replaces the Kansas Money Transmitter Act with the Kansas Money Transmission Act, effective on January 1, 2025, and upon publication in statute. The State Bank Commissioner must provide oversight of the electronic transmission of money. The Act establishes a licensing and renewal process, penalties for violations, and exemptions.

The bill creates the Kansas Earned Wage Access Services Act and authorizes the Office of the State Bank Commissioner to regulate earned wage access services providers. The bill establishes registration criteria and assigns powers and duties to the Commissioner to ensure compliance.

The bill also amends the State Banking Code and provisions pertaining to trust companies to address the abandonment or expiration of certain applications; permit any person, regardless of age, to become a depositor in a bank and enter into an agreement with a bank for the lease of a safe deposit box; and allow an originating trustee to have its principal place of business outside of Kansas.

Modernization of Credit Union Statutes

HB 2561 enacts law authorizing domestic credit unions to do business outside the state, permit the Credit Union Administrator to collect civil penalties for certain practices or violations, and allow the Administrator to enter into informal agreements with credit unions. Among amendments to the State Credit Union Code, the bill removes requirements regarding duplicate filings, establishes appeals procedures for a suspended member of a credit or supervisory committee, and updates a requirement concerning the approval of a credit union merger.

Protect Vulnerable Adults from Financial Exploitation Act; Kansas Contract for Deed Act; Restrictive Covenants

HB 2562 creates and amends various statutes related to financial exploitation and real property.

Protect Vulnerable Adults from Financial Exploitation Act. The bill, among other things, requires a broker- dealer or investment adviser to promptly report and potentially delay transactions in which the financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted.

Kansas Contract for Deed Act. The bill requires a seller to maintain fee simple title to the property being sold under contract for deed and makes related acts of deception subject to the Kansas Consumer Protection Act. The bill also authorizes the Kansas Real Estate Commission to issue cease-and-desist orders when the Commission has determined a person is practicing without a valid broker’s or salesperson’s license.

Restrictive Covenants. The bill makes any restrictive covenant on real property that is in violation of the Kansas Acts Against Discrimination void and unenforceable.

HEALTH

Health Services in Schools

SB 19 requires the Secretary of Health and Environment to develop statewide standards for cardiac emergency response plans and requires the board of education of each school district to adopt a comprehensive cardiac emergency response plan based on these standards.

House Sub. for SB 287 prohibits a school facility health care provider from prescribing any drugs, administering diagnostic tests with bodily fluids, or conducting behavioral health treatment on minors without first gaining parental consent. The bill does not prohibit a school facility health care provider from providing tests and services currently required or allowed by law.

HB 2547 amends law to allow schools to maintain a stock supply of emergency medications, such as albuterol and epinephrine, with a prescription from a physician or mid-level practitioner in the name of the school.

Funding for HCBS I/DD and PD Waitlists

SB 28 includes $45.8 million, including $17.8 million State General Fund, to provide Medicaid home and community based services to 500 individuals on the Intellectual and Developmental Disability (I/DD) waiver waitlist and to 500 individuals on the Physical Disability (PD) waiver waitlist during FY 2025. The bill also includes language requiring KDADS to maintain a waitlist of fewer than 4,800 for the I/DD waiver and no greater than 2,000 for the PD waiver by adding any excess individuals from the waitlist to the waiver during FY 2025.

No Patient Left Alone Act

House Sub. for SB 287 establishes the No Patient Left Alone Act. A patient care facility providing end-of-life care cannot prevent a patient from receiving in-person visitation from any person designated by a patient or by the patient’s agent for health care decisions if the patient lacks capacity. By September 1, 2024, facilities must establish visitation policies and procedures to address infection control protocols and education for visitors and to set visitation schedules and parameters. Unless a patient objects, a facility must allow in-person visitation in specific situations. Facilities may modify, temporarily suspend, or revoke visitation under certain conditions.

When complying with the Act, a facility is immune from civil liability for damages except in cases of gross negligence or willful, wanton, or reckless conduct. The Act does not supersede federal laws, rules, or regulations regarding facilities or prohibit facilities from taking actions necessary, including those based on federal guidance from the Centers for Medicare and Medicaid Services, to ensure eligibility for federal programs or financial participation and reimbursement for services provided.

Dentist and Dental Hygienist Compact

HB 2453 enacts the Dentist and Dental Hygienist Compact to provide interstate practice privileges for dentists and dental hygienists in Kansas. The bill contains uniform language regarding Compact privilege requirements and the establishment of a Commission to oversee the Compact.

Social Work Licensure Compact

HB 2484 establishes the Social Work Licensure Compact to facilitate interstate practice of regulated social workers. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, adds a background check procedure for the Social Work Licensure Act, and adds a fee relating to the multi- state licenses under the Compact.

Facility Oversight, Certification, Licensure, and On-site Inspections

Rural Emergency Hospitals (REH). House Sub. for SB 287 expands REH licensure eligibility to facilities that were at any time between January 1, 2015, and December 26, 2020, a licensed critical access hospital, a rural general hospital with no more than 50 licensed beds, or a department of a provider or a provider- based entity, and meet other criteria.

Continuing Care Retirement Communities (CCRCs). HB  2784 changes agency oversight authority for CCRCs from the Kansas Insurance Department to the Kansas Department for Aging and Disability Services (KDADS).

Disability Services Provider Licenses. The bill codifies the waiver of certain disability services licensing provisions by the Secretary for Aging and Disability Services, clarifies which day service providers are required to have criminal background checks, and updates the information provided to licensees regarding the appeals process.

Certified Community Behavioral Health Clinics (CCBHCs). The bill updates the certification renewal process for CCBHCs, clarifies only community mental health centers licensed by KDADS and that provide certain services may be certified as CCBHCs prior to February 1, 2027, and allows CCBHC certification for qualified nonprofit providers thereafter.

State Fire Marshal. The bill clarifies that the State Fire Marshal and the Marshal’s representatives are not permitted to use audio or video recording devices, including body cameras, during on-site inspections in certain facilities.

JUDICIARY

Age Verification for Certain Websites

SB  394 requires certain websites containing material harmful to minors, as defined by the bill, to use age verification technology to ensure users accessing the site are 18 years of age or older. A commercial entity that permits unlawful access to a site may be fined in an amount between $500 and $10,000 for each violation. The bill also allows a parent or legal guardian of an affected minor to bring a private action for damages against the entity that permitted access.

Civil Asset Forfeiture

SB 458 amends several provisions of the Kansas Standard Asset Seizure and Forfeiture Act.

Conduct Giving Rise to Forfeiture. The bill removes offenses related to possession and personal use of a controlled substance from those offenses that could lead to property forfeiture.

Time Limitations. The bill reduces the time period for which a request for forfeiture must be made to the appropriate county or district attorney from 45 days to 14 days and specifies additional time limitations that could result in the property being returned to the owner under the Act. A seizing agency is prohibited from seeking waiver of property rights until a forfeiture proceeding is commenced.

Federal Adoption. The bill authorizes a state or local law enforcement agency to request federal adoption of a seizure only if certain conditions apply.

Forfeiture Proceedings. The bill requires a probable cause affidavit to be filed in addition to the required notice of pending forfeiture, and the forfeiture could only proceed after a judge has determined probable cause exists. Property owners also have the ability to petition for reconsideration of probable cause and whether the proposed seizure is unconstitutionally excessive.

Burden of Proof and Costs. The bill requires the party seeking forfeiture to prove by clear and convincing evidence that the property is subject to forfeiture. Litigation or interest costs are to be paid by the non-prevailing party and specifies fees in the event of multiple claims to the same property.

LOCAL GOVERNMENT

County Nuisance Abatement; Ambulance Staff

Nuisance Abatement. SB 384 authorizes the Boards of County Commissioners for Riley County and Crawford County to order the removal or abatement of any nuisance within the unincorporated area of the county, if certain conditions are met.

Emergency Medical Service Staffing. The bill also authorizes The Emergency Medical Service Board (EMS Board) to grant a permanent variance from a rule and regulation regarding minimal staffing on each vehicle providing emergency services. Current law allows for a variance to be granted for only one year. The bill prohibits the EMS Board from requiring an ambulance to operate with more than one person who is a paramedic, emergency medical technician, an individual licensed to practice medicine and surgery, a physician assistant, an advanced practice registered nurse, or a professional nurse when the ambulance is providing an inter- facility transfer, the transfer is from a county with a population of 30,000 or less, and the ambulance driver is CPR certified.

PUBLIC SAFETY

Elevator Safety Act Updates

House Sub. for SB 143 amends the Elevator Safety Act to, among other changes, require elevator owners to notify the State Fire Marshal of certain accidents on elevators; prohibit individuals from conducting inspections on their own work performed on elevators; and require inspections to occur every year for counties with a population of 100,000 or more, biennially for counties with a population of 50,000 to 99,999, and every three years for all other counties.

Kansas Purple Alert Plan

HB 2531 requires the Office of the Attorney General, in collaboration with other entities, to establish and implement the Kansas Purple Alert Plan to promptly broadcast a public notice of a missing individual and undertake a timely search with the cooperation of local law enforcement, news media, and the general public to locate the individual. The Plan applies to individuals who are 18 years of age or older, who have been diagnosed with an intellectual disability, whose whereabouts are unknown, who are believed to be in imminent danger of serious bodily injury or death because of their disability, and who are believed to be unable to return safely without assistance.

RETIREMENT

KPERS Matters

HB 2711 amends the Kansas Public Employees Retirement System (KPERS) working-after-retirement provisions, increases the lump-sum death benefit for a KPERS retiree from $4,000 to $6,000, and amends law governing the KPERS Trust Fund and investment standards to increase a statutory cap on alternative investments, from 15.0 percent to 25.0 percent, placed on the KPERS Board of Trustees. (Divestiture provisions of HB 2711 are described in the Security section.)

Among the working-after-retirement modifications, the bill adds a new category of positions exempt from employer contributions; increases a retirant threshold amount from $25,000 to $40,000 for the specified 30.0 percent employer contribution; and increases the earnings limit from $25,000 to $40,000 for retired Kansas Police and Firemen’s Retirement System members returning to employment with a previous employer.

SECURITY

State Cybersecurity

House Sub. for SB 291 amends the Cybersecurity Act and adds requirements for state agency cyberattack preparedness. Among other provisions, the bill requires the Legislative and Judicial branches, along with the Attorney General, Commissioner of Insurance, Director of the Kansas Bureau of Investigation, Secretary of State, and the State Treasurer, to appoint Chief Information Security Officers.

Beginning in 2027, the bill centralizes cybersecurity services under the appropriate Chief Information Technology or Security Officer. The bill also requires state agencies to develop plans to comply with national cybersecurity standards, establishes penalties for state agencies not in compliance with these standards, and requires agencies to request annual cybersecurity audits from the Cybersecurity Infrastructure and Security Agency. Each branch also could request the National Guard to perform system testing.

All provisions of the bill will sunset on July 1, 2026, except those related to single-year appropriations.

Countries of Concern Divestment Act

HB 2711, among other things, creates the Countries of Concern Divestment Act, which requires state-managed funds’ divestment from investments with countries of concern and prohibits investments and deposits with a bank or company domiciled in a country of concern. The bill also indemnifies state-managed funds with respect to actions taken in compliance with the Act. The provisions of the Act expire on July 1, 2029.

Definitions. “Country of concern” means the People’s Republic of China, including the Hong Kong special administrative region; Republic of Cuba; Islamic Republic of Iran; Democratic People’s Republic of Korea; Russian Federation; and Bolivarian Republic of Venezuela. The bill specifies that the Republic of China (Taiwan) is not a country of concern. A “State-managed fund” means the Kansas Public Employees Retirement Fund managed by the KPERS Board of Trustees in accordance with provisions governing the Fund’s management and investment; the Pooled Money Investment Portfolio managed by the Pooled Money Investment Board; and any other fund that is sponsored or managed by a state agency.

Divestiture. The bill requires, notwithstanding other applicable provisions, a state-managed fund to sell, redeem, divest, or withdraw all publicly traded securities of any country of concern or person owned or controlled by or subject to the jurisdiction or direction of a country of concern in accordance with a specified timeline, and requires annual reporting on such divestitures to the Legislature.

SOCIAL SERVICES

New State Contracts for Foster Care Case Management

HB 2551 includes funding for the State, beginning FY 2025, to enter into new contracts with six Child Welfare Case Management Providers. Five providers will continue providing services, including St. Francis Ministries, TFI, KVC, and Cornerstones of Care. Beginning FY 2025, EmberHope will provide case management services to families in and around Wichita. These contracts reduce the maximum caseload from 25 to 30 cases per case manager to 12 to 15 cases, and include three additional positions in each contract, including an Independent Living coordinator, an IT position to collaborate with the Kansas Department for Children and Families’ Comprehensive Child Welfare Information System, and a discharge transition position to assist children leaving foster care.

STATE FINANCES

State Budget

SB 28 (Mega Bill), HB 2551 (Omnibus Bill), House Sub. for SB 387 (Education), House Sub. for SB 291 (Cybersecurity), and SB 438 (Kansas Blueprint) include adjusted funding for FY 2024 and funding for all state agencies for FY 2025.

Included in the FY 2024 Budget

The bills adjust total state expenditures to $25.4 billion, including $10.0 billion from the State General Fund (SGF) in FY 2024.

The approved budget is an all funds increase of $1.1 billion, or 4.5 percent, and an SGF increase of $1.2 billion, or 14.3 percent, above FY 2023 actual expenditures. This represents an all funds decrease of $455.3 million, or 1.8 percent, and an SGF decrease of $438.4 million, or 4.2 percent, below the Governor’s recommendation. Major additions include:

Human Services. Caseloads. Adds $30.2 million, including $19.6 million SGF, to adjust the Spring 2024 Human Services Consensus Caseloads for a total of $5.0 billion, including $1.5 billion SGF.

Kansas Department of Health and Environment (KDHE). Adds $5.0 million SGF for child and adult behavioral health beds.

Public Safety. Kansas Department of Corrections (KDOC). Adds $10.0 million for the Career Campus and $4.0 million SGF to reduce shrinkage and increase operating expenditures.

Adjutant General. Adds $15.7 million SGF to respond to a request for assistance at the southwest border from the State of Texas.

Education. Regents and Universities. Increases bonding authority to construct and equip the National Institute for Aviation Research technology and innovation building at Wichita State University.

Included in the FY 2025 Budget

The bills adjust total state expenditures to $25.4 billion, including $10.6 billion SGF, for FY 2025. This is an all funds increase of $47.8 million, or 0.2 percent, and an SGF increase of $616.1 million, or 6.2 percent, above the FY 2024 approved budget. This represents a decrease of $839.9 million, or 3.2 percent, and an SGF decrease of $205.2 million, or 1.9 percent, below the Governor’s recommendation.

Agriculture and Natural Resources. Kansas Water Office. Adds $16.0 million SGF for small-town infrastructure assistance grants to support technical assistance and drinking water and sewer system upgrades for towns with populations less than 1,000. Also transfers $51.0 million to the State Water Plan Fund.

Wildlife and Parks. Adds $3.5 million from the federal Highway Planning and Construction Fund to continue development of the Flint Hills Trail.

General Government. State Employee Pay. Adds $141.0 million, including $61.0 million SGF, to provide salary adjustments to state employees based on the Department of Administration Market Survey.

Kansas Department of Commerce (KDC). Adds $36.0 million SGF to continue the development of maintenance, repair, and overhaul of airplanes at the airports in Salina ($35.0 million with a dollar-for- dollar match) and Topeka ($1.0 million).

Adds $10.0 million, all from federal American Rescue Plan Act (ARPA) funds, for the 2026 World Cup games. Also adds $9.6 million from ARPA funds for retail economic development and $7.3 million from special revenue funds for housing economic development, all in northwest Kansas.

Adds $5.0 million SGF for the Eisenhower Library Educational Facility with a $2-to-$1 match requirement.

Office of the Governor. Adds $3.0 million SGF for domestic violence prevention grants.

Human Services. Kansas Department for Aging and Disability Services (KDADS). Adds $48.3 million, including $18.6 million SGF, to increase the average reimbursement rate for agency-directed personal care services on the Frail Elderly waiver to $30 per hour.

Adds $47.0 million, including $18.0 million SGF, to continue the Medicaid add-on for nursing facilities at a rate of $15.40 per Medicaid day and $30.0 million, including $12.0 million SGF, to increase physician provider codes by 9.0 percent. Also adds $6.5 million, including

$1.6 million SGF, for a new employment data contract for Medicaid eligibility.

Adds $18.0 million SGF to move the Mental Health Intervention Treatment pilot program from the Kansas State Department of Education (KSDE) to KDADS.

Adds $25.4 million SGF to cover a shortfall in funding for contract nursing staff at the state mental health hospitals and $5.0 million SGF in one-time expenditures to support hospitals in providing adult inpatient behavioral health services in Kansas.

Adds $5.0 million SGF for the Area Agencies on Aging.

Adds $26.5 million SGF to construct the Sedgwick County Regional Psychiatric Hospital with a footprint that would allow for expansion to 104 beds and a requirement for State Finance Council approval prior to expending the funds.

Kansas Department for Children and Families. Adds $17.0 million, including $8.5 million SGF, to develop a new system compliant with federal Comprehensive Child Welfare Information System requirements.

KDHE. Adds $3.0 million SGF for primary health projects for community- based primary care grants (safety-net clinics) and $2.0 million SGF one-time funding to reimburse hospitals that are operating as Rural Emergency Hospitals without such designation.

Adds $2.0 million SGF to increase availability of early intervention services provided through the Infant and Toddler Program (Tiny-K). Also adds $4.8 million, including $1.9 million SGF, to extend Medicaid coverage for dental exams, X-rays, and cleanings.

Education. KSDE. Adds $68.0 million, including $65.5 million SGF, for a one- time Special Education State Aid increase, for a total of $603.5 million, including

$601.0 million SGF, in Special Education State Aid.

Regents and Universities. Adds $75.0 million SGF to construct a new cancer research facility at the University of Kansas Medical Center.

Adds $20.0 million SGF for Capital Renewal and $25.0 million SGF for a state match for the Kansas State University Agriculture Innovation Initiative.

Adds $15.8 million SGF for Student Success Initiatives at community and technical colleges and $10.5 million SGF for the Technical Colleges Operating Grant. Also adds $14.3 million SGF for apprenticeship programs at two-year institutions.

Adds $15.0 million SGF for the Western Kansas Nursing Initiative and $10.0 million SGF for the Rural Family Physician Residency Program expansion grant with a $2-to-$1 match requirement.

Public Safety. KDOC. Adds $21.1 million SGF to reduce shrinkage at the KDOC and adds $2.5 million SGF to Community Corrections for additional intensive supervision officers and increased operating expenditures.

Adds $10.0 million SGF for the Career Campus match for the Lansing Correctional Facility.

Kansas Highway Patrol. Adds $4.6 million from the KHP Operating Fund for a 10.0 percent increase to the Career Progression Plan and $2.0 million from the highway fund for a license plate reader system.

Kansas Bureau of Investigation (KBI). Adds $6.9 million SGF and 30.0 full-time- equivalent positions for the Fight Against Fentanyl effort.

Adds $3.1 million SGF for the initial debt service payment on bonds supporting construction of a Regional Crime Center and Laboratory in Pittsburg and $40.0 million in bonding authority to construct and equip the facility. Also adds $2.0 million SGF to lease and outfit a regional KBI office at Wichita State University.

Transportation. Kansas Department of Transportation. Adds $6.0 million from the State Highway Fund to upgrade roads impacted by the Hilmar Dairy facility.

KDC. Adds $5.0 million from the Public Use General Aviation Airport Development Fund to increase grants to local airports and $5.0 million from the Kansas Air Service Development Incentive Program Fund for grants to commercial airports for new air routes.

STATE GOVERNMENT

Chaplain (Capt.) Emil Joseph Kapaun Memorial

SB 431 provides for development of a memorial in the Statehouse honoring the life of Emil Joseph Kapaun and establishes a fund for such purpose.

Legislative Approval of Certain Rules and Regulations

HB 2648 generally prohibits—absent ratification by the Legislature—the adoption of a rule or regulation with expected compliance costs of $1.0 million or more during the initial five-year period following its adoption. Exceptions to the prohibition include rules and regulations that are temporary, proposed because of a federal mandate, or are made by the Kansas Agricultural Remediation Board.

TAXATION

Sales Tax Exemptions

HB  2098 creates several sales tax exemptions and provides for a sales tax deduction for certain motor vehicle transactions.

Sales Tax Exemptions. The bill creates sales tax exemptions for telecommunications machinery and equipment purchasing; custom meat processing services; and purchases by the Kansas State Schools for the Blind and Deaf, Kansas Fairgrounds Foundation, Exploration Place, Kansas Children’s Discovery Center, and Doorstep, Inc. The bill also excludes manufacturer’s coupons from the sales tax base.

Disabled Veterans Sales Tax Exemption. The bill creates a sales tax exemption for certain purchases by 100 percent disabled veterans beginning July 1, 2026. The Department of Revenue is required to issue exemption cards to qualifying disabled veterans.

Motor Vehicle Sales Tax Deduction. The bill allows taxpayers to deduct the proceeds from a motor vehicle sale from the purchase price of a new or used motor vehicle for sales tax purposes when the transactions occur within 120 days of each other.

Pregnancy Centers and Adoption Tax Items

HB 2465 enacts the Adoption Savings Account Act; amends the adoption tax credit; enacts the Pregnancy Resource Act; and enacts a sales tax exemption for pregnancy resource centers and residential maternity facilities.

Adoption Savings Accounts. The bill allows an individual to open an account designated for paying eligible expenses for the adoption of a child. Certain contributions to the accounts would be deductible from Kansas income tax.

Adoption Tax Credit. Beginning in tax year 2024, the bill increases the adoption tax credit to 100 percent of the federal adoption tax credit amount.

Pregnancy Resource Act. The bill creates a tax credit for contributions to qualifying nonprofit pregnancy centers or residential maternity centers. The credit is equal to 70.0 percent of contributions made to such centers and can be carried forward for up to five years.

Sales Tax Exemption. The bill creates a sales tax exemption for purchases by qualifying Kansas nonprofit pregnancy resource centers or residential maternity facilities.

TRANSPORTATION

Passenger Rail Service

SB 28, among other things, transfers $5.0 million from the State Highway Fund to the Passenger Rail Service Revolving Fund at the Kansas Department of Transportation to support an intercity rail service, such as the Amtrak Heartland Flyer extension, for FY 2025. The proposed extension would connect the Southwest Chief Chicago to Los Angeles Amtrak route to the Heartland Flyer Oklahoma City to Dallas route, by way of Newton.

Distinctive License Plates

SB 359 authorizes the issuance of distinctive license plates beginning in 2025 for the Kansas City Chiefs, Sporting Kansas City, Kansas City Royals, Kansas City Current, Sedgwick County Zoo, Topeka Zoo, “Support the Troops,” and First City of Kansas (Leavenworth). Armed Services Occupation Medal and 1st Infantry Division license plates are authorized by HB 2392.

Restricted Driving Privileges

SB 500 amends law pertaining to driving privileges for certain individuals whose privileges have been affected due to failure to pay fines, court costs, or penalties associated with a traffic citation (failure to comply).

Automatic Restriction in Lieu of Suspension. The bill requires the Division of Vehicles to restrict, rather than suspend, driving privileges for individuals with three or fewer convictions for driving with a canceled, suspended, or revoked license solely for failure to comply and authorizes restoration of privileges upon substantial compliance with court orders related to the failure to comply.

Certain Offenses Excluded. The bill retroactively excludes certain traffic citations that may give rise to a failure to comply and allows eligible individuals to petition the court for termination of adverse actions against their driving privileges. Restricted or suspended drivers with a failure to comply conviction older than five years may also be eligible for restoration of privileges.

Reinstatement Fees. The bill limits the fee for license reinstatement following failure to comply to a single fee of $100, rather than assessing a fee for each charge associated with the original citation.

Waivers and Alternatives to Suspension. The bill requires the court to consider waiving, reducing, or offering payment plans for fees, fines, and court costs; mandating alcohol or drug treatment; or mandating community service before restricting or suspending an individual’s driving privileges.

UTILITIES & TELECOMMUNICATIONS

Solar-powered Electric Generation and Eminent Domain

SB 455 clarifies the term “public utility” in statute, for the purposes of appropriation of property through eminent domain, to include solar-powered electric generation equipment, including solar panels. The bill also prohibits public utilities from exercising eminent domain for the purpose of siting or placement of solar facilities.

Public Service Answering Points (PSAPs); State 911 Board

HB 2690 allows counties or governing bodies of cities to contract with another governing body of a PSAP for the consolidation of the provision of 911 services and replaces the current 911 Coordinating Council with a new State 911 Board. The bill also changes how 911 fees may be used, creates a mechanism for adjusting the fee, and requires that 911 fees collected from phone bills and prepaid wireless services to be transferred to the state treasury.

VETERANS & MILITARY

Death and Disability Benefits for National Guard Members

SB 292, among other provisions, increases the monthly benefit awarded to Guard members with a 100 percent disability who are on state active duty or surviving spouses of such deceased members to $850, plus 12.5 percent of the member’s monthly basic pay. The bill also increases the monthly benefit for surviving children of eligible members.

Kansas Office of Veterans Services; Changes to Veterans Assistance

HB 2760 establishes the Kansas Office of Veterans Services (KOVS) and amends various laws relating to veterans. The bill abolishes the Kansas Commission on Veterans Affairs Office (KCVAO) and transfers the powers, duties, and functions of KCVAO to KOVS.

VCAP Service Grant. The bill specifies that, to be eligible to participate in the annual Veterans Claims Assistance Program (VCAP) service grant, veterans service organizations must have a presence at the federal Veterans Affairs (VA) regional office or medical center in Wichita and each VA medical center in Topeka and Leavenworth.

Veteran Definitions. The bill modifies the definitions of various terms to ensure consistency in statutory phrasing. For purposes of determining eligibility for state benefits, the term “veteran” is defined more narrowly than in other provisions of the bill. Individuals wishing to become veterans claims assistance representatives must provide proof of successful completion of a qualified training course to the KOVS.

Disabled Veteran Documentation. The bill limits the types of documents state agencies may request from a veteran when determining eligibility for benefits derived from a service-connected disability. Similarly, it prohibits state agencies from reevaluating a veteran’s service-connected disability rating or improvising a procedure to determine a veteran’s eligibility for benefits. The bill also mandates that the federal government’s determination of a veteran’s service-connected disability or service-connected death be probative.

SPECIAL SESSION

On May 29, 2024, the Governor announced she would reconvene the Legislature into Special Session on June 18, 2024.

Bill Information

Senate bills carried over from the 2023 Session	284
Senate bills introduced in the 2024 Session	233
TOTAL Senate Bills	517
House bills carried over from the 2023 Session	371
House bills introduced in the 2024 Session	372
TOTAL House Bills	743
Bills Considered in 2024 Session That Became Law:
House Bills	64
Senate Bills	47
Percentage of Bills that became law	8.8%

Days in Session: 88

Fiscal Information for FY 2024
(Dollars in Millions)

Estimated State General Fund Revenue
Income Taxes	$6,044.0
Excise Taxes	$3,779.8
All Other	$358,800
Total	$10,182.6
Estimated State Budget
State General Fund	$9,971.4
All Other	$15,396.9
Total	$25,368.2

2023 Population Estimate: 2,940,546