Considerations for incarcerated and detained persons with mental health issues have become increasingly common in the criminal justice system in Kansas. This memorandum provides an overview of relevant legislation and available services, including crisis intervention, mental health courts, and Kansas Department of Corrections (KDOC) mental health services.
Competency Proceedings and Commitment of Certain Persons — 2022 HB 2508
Among the provisions of enacted 2022 HB 2508 are amendments to the Kansas Code of Criminal Procedure regarding competency of defendants to stand trial; proceedings to determine competency; and commitment of incompetent defendants, persons found not guilty by reason of mental disease or defect, and convicted defendants. The bill allows a court to order an evaluation to be completed by an appropriate facility while the defendant is in jail, at any secure location, or on pretrial release, within certain time limitations. The bill requires an incompetent defendant to be ordered for evaluation and treatment by an appropriate facility, and a defendant who is sentenced for the crime charged at the time of commitment must be credited for all the time committed and confined.
In 2019, enacted HB 2290 created and amended several laws related to public agencies. Among these provisions, the bill created a position of Kansas Youth Suicide Prevention Coordinator (Coordinator) within the Office of the Attorney General and created the Kansas Criminal Justice Reform Commission (KCJRC) to study and make recommendations on various aspects of the criminal justice system, including several topics related to mental health.
The bill required the Attorney General to appoint a Coordinator and additional support staff, as appropriations allow, to identify, create, and coordinate and support youth suicide awareness and prevention efforts throughout the state. The Attorney General appointed a Coordinator in August 2019.
The 19-member KCJRC, composed of legislators, Judicial Branch personnel, prosecutors, defense attorneys, and other stakeholders met from August 2019 through November 2020. The KCJRC was charged with the following duties:
Analyze diversion programs utilized throughout the state and make recommendations with respect to expanding diversion options and implementation of statewide diversion standards;
Study specialty courts and make recommendations for the use of specialty courts throughout the state;
Survey the availability of evidence-based programming for offenders provided both in correctional facilities and in the community, and make recommendations for changes in available programming; and
Study the policies of KDOC for placement of offenders within the correctional facility system and make recommendations with respect to specialty facilities, including, but not limited to, geriatric, health care, and substance abuse facilities.
HB 2290 required one member of the KCJRC to be a mental health professional appointed by the Kansas Community Mental Health Association. At its first meeting, the KCJRC voted to establish five subcommittees, including one related to mental health and drug treatment.
The KCJRC prepared and submitted its preliminary report to the Legislature on December 1, 2019. The KCJRC’s final report was submitted to the Legislature on December 1, 2020. Recommendations related to mental health were included in both the preliminary report and final report.
KCJRC Preliminary Report.
The Mental Health and Drug Treatment Subcommittee made recommendations relating to requesting an inventory of major mental illness or abuse disorders, allowing 2003 SB 123 substance abuse treatment prior to conviction, and funding regional treatment beds. It also recommended that the Legislature adopt the recommendations of the Mental Health Task Force Report, as provided to the 2018 and 2019 Legislatures, to implement and fund a comprehensive plan to address voluntary and involuntary hospital inpatient capacity needs while providing all levels of care across all settings.
KCJRC Final Report
The Mental Health and Drug Treatment Subcommittee made recommendations relating to SB 123 treatment; access to mental health services; co-occurring disorders; co-responder programs; behavioral health in jails and correctional facilities; and mental health and substance abuse workforce development, and other topics.
Juvenile Crisis Intervention Centers — 2018 House Sub. for SB 179
The 2018 Legislature created and amended law to establish juvenile crisis intervention centers and procedures for admission of juveniles to such centers. For more information on House Sub. for SB 179, see KLRD’s memorandum titled “Juvenile Services”.
Crisis Intervention Act — 2017 Senate Sub. for HB 2053
In 2017, legislation was enacted that related to the care and treatment of persons with mental illness and problems with substance abuse, in Senate Sub. for HB 2053, also known as the Crisis Intervention Act (Act). The Act outlines requirements for the use of emergency observation and treatment in a “crisis intervention center,” defined as an entity licensed by the Kansas Department for Aging and Disability Services that is open 24 hours a day, 365 days a year; equipped to serve voluntary and involuntary individuals in crisis due to mental illness, substance abuse, or a co-occurring condition; and uses certified peer specialists.
Specialty Courts
Specialty courts are established as an alternative to incarceration for persons with mental health issues, substance abuse issues, or both, who are convicted of misdemeanors. These courts offer treatment, support, and counseling. Many times, those who suffer from mental health disorders also suffer from addiction to drugs, such as opioids. For some mental health courts, diagnosis of a major mental health disorder is required for participation. However, if the participant is also addicted to drugs, treatment for that addiction will coincide with treatment for the underlying mental health disorder.
The KCJRC Specialty Courts Work Group, organized to study and make recommendations on specialty courts in the state, included in its report to the 2020 Legislature that it identified 24 specialty courts operating in Kansas, which included truancy courts, behavioral health courts, youth courts, mental health courts, tribal healing to wellness courts, veterans’ courts, and drug courts. These courts were initiated at the local level and operate with no special funding by the Legislature. For the KCJRC Final Report to the 2021 Legislature, the Specialty Courts Work Group recommended that the Legislature adopt legislation to require the Kansas Supreme Court to adopt rules for the establishment and operation of one or more specialty court programs within the state. The recommendation was adopted by the KCJRC and included in the 2020 Final Report.
In 2022, enacted Senate Sub. for HB 2361 requires the Kansas Supreme Court to adopt rules for establishment and operation of specialty court programs within the state. The bill allows the chief judge of a judicial district to establish a specialty court program in accordance with the rules adopted by the Supreme Court. These rules and additional information about specialty courts can be found on the Kansas Judicial Branch website here.
KDOC Mental Health and Behavioral Health Services
KDOC facilities provide comprehensive health care through private companies under contract with KDOC. Each facility provides 24-hour mental health care for inmates, including on-site crisis intervention, use of designated hospital rooms or appropriate health facilities, and emergency on-call mental health professional services when the emergency health facility is not located nearby. Mental health services are provided to inmates based upon psychiatric assessments.
Larned Correctional Mental Health Facility
Historically, Larned Correctional Mental Health Facility has housed the most severely mentally ill adult male inmates within KDOC, along with a significant number of inmates with behavioral disorders that make them an unacceptable risk for housing in another facility. The Central Unit served as a transitional unit for inmates who are not able to function in the general population of a traditional correctional institution for mental health reasons, but are not in need of psychiatric hospitalization. Inmates were assigned to this facility by mental health staff at other correctional institutions. In May 2017, KDOC announced plans to convert the 150-bed maximum-security Central Unit to a medium-security unit to house certain offenders ages 18-25 years old with high recidivism potential. The 150 inmates with mental health issues previously housed in the Central Unit were subsequently transferred to the behavioral health unit at El Dorado Correctional Facility in summer 2017.
Larned State Hospital
At Larned State Hospital, 115 beds are reserved for KDOC offenders who need a higher level of psychiatric care. There, inmates are provided mental health care and treatment in either the acute care program or the residential rehabilitation program (RRP). The purpose of RRP is to provide psychiatric rehabilitation and vocational services to adult males referred from KDOC, with the intent of preparing these individuals for successful reintegration into the community or back into KDOC services as determined on an individual basis.
by Natalie Nelson Principal Research Analyst 785-296-4418
This memorandum summarizes the provisions of the Governor’s Executive Reorganization Order (ERO) No. 41 enacted in 2012, the ERO process, and the resulting organizational changes for certain state agencies. [Note: When reorganization of the Executive Branch is initiated by the Governor, EROs frequently serve as the vehicle used for these proposed changes. EROs enable a Governor to transfer, abolish, consolidate, or coordinate agencies and functions within the Executive Branch.]
Agency Renaming and Transfer of Responsibilities to the Kansas Department for Aging and Disability Services
The 2012 Legislature approved the implementation of ERO No. 41, effective July 1, 2012, which:
Renamed the Department on Aging and the Secretary of Aging as the Department for Aging and Disability Services (KDADS) and the Secretary for Aging and Disability Services, respectively; and
Renamed the Department for Social and Rehabilitation Services and the Secretary of Social and Rehabilitation Services as the Department for Children and Families (DCF) and the Secretary for Children and Families, respectively.
Transfers from DCF to KDADS
ERO No. 41 transferred the powers, duties, and functions of the Disability and Behavioral Health Services section of DCF, including the agency’s designation as the Medicaid single state authority for substance abuse and mental health, to KDADS. The result of this reorganization:
Transferred the following programs to KDADS:
Mental health and substance abuse;
Seriously Emotionally Disturbed, Developmental Disability, Physical Disability, Traumatic Brain Injury, Technical Assistance, and Autism Home and Community Based Services (HCBS) Medicaid Waivers;
Licensure and regulation of Community Mental Health Centers;
Regulation of Community Developmental Disability Organizations;
Licensure of private psychiatric hospitals;
Licensure and regulation of facilities and providers of residential services;
Licensure and regulation of providers of addiction and prevention services;
Any other programs and related grants administered by the Disability and Behavioral Health Services section of DCF prior to July 1, 2012; and
State Hospitals and Institutions (Osawatomie State Hospital, Rainbow Mental Health Facility, Larned State Hospital, Parsons State Hospital and Training Center, and the Kansas Neurological Institute). [Note: The State of Kansas sold the Rainbow Mental Health Facility to the University of Kansas Endowment Association in January 2015, in accordance with 2014 Senate Sub. for Sub. for HB 2231]
Provided for the transfer to KDADS of personnel in DCF programs transferred to KDADS by the ERO, as determined necessary by the Secretary for Aging and Disability Services for the exercise and performance of powers, duties, and functions transferred by the ERO;
Provided for the transfer to KDADS of personnel in DCF programs transferred to KDADS by the ERO, determined jointly by the Secretary for Aging and Disability Services and the Secretary for Children and Families to have been involved in providing necessary administrative, technical and other support to the Disability and Behavioral Health Services section and to the institutions;
Provided for all classified employees transferred to KDADS to retain their classified employee status, and thereafter authorized KDADS to convert any vacant classified positions to unclassified service under the Kansas Civil Service Act;
Provided personnel transferred to KDADS under the ERO with retention of retirement benefits, leave balances, and rights which had accrued or vested prior to the transfer;
Required any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas Civil Service Act to be made in accordance with civil service laws and any rules and regulations; and
Transferred to KDADS the balances of all funds or accounts appropriated or reappropriated for DCF within the state treasury for DCF programs transferred by ERO No. 41, to be used only for the purpose for which the appropriation was originally made.
Transfers from Department of Health and Environment to KDADS
ERO No. 41 transferred the powers, duties, and functions of some of the Health Occupations Credentialing Program of the Department of Health and Environment (KDHE) to KDADS. The result of this reorganization:
Transferred the following programs to KDADS:
Licensure of Adult Care Home Administrators and Dieticians (Licensure of Speech-Language Pathologists and Audiologists was transferred from KDHE to the Department on Aging by passage of 2012 Sub. for HB 2659);
Certification of Residential Care Facility Operators, Activity Directors, Social Services Designees, Nurse Aides, Medication Aides, and Home Health Aides;
Maintenance of the Kansas Nurse Aide Registry; and
Criminal History Record Check Program authorized by individual credentialing statutes or rules and regulations.
Provided that the authority of the Board of Adult Care Home Administrators established in statute would not be changed or diminished by enactment of ERO No. 41;
Transferred the Psychiatric Residential Treatment Facility Licensure Program of KDHE to KDADS;
Provided for the transfer to KDADS of personnel in KDHE programs transferred to KDADS by the ERO, as determined necessary by the Secretary for Aging and Disability Services for the exercise and performance of powers, duties, and functions transferred by the ERO;
Provided for the transfer to KDADS of KDHE personnel, determined jointly by the Secretary for Aging and Disability Services and the Secretary of Health and Environment to have been involved in providing necessary administrative, technical and other support to the transferred programs;
Provided for all classified employees transferred to KDADS to retain their classified employee status, and thereafter authorized KDADS to convert any vacant classified positions to unclassified service under the Kansas Civil Service Act;
Provided personnel transferred to KDADS under the ERO with retention of retirement benefits, leave balances, and rights which had accrued or vested prior to the transfer;
Required any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas Civil Service Act to be made in accordance with civil service laws and any rules and regulations; and
Transferred to KDADS the balances of all funds or accounts appropriated or reappropriated for KDHE within the state treasury for KDHE programs transferred by ERO No. 41, to be used only for the purpose for which the appropriation was originally made.
Executive Reorganization Order Process
The Governor is authorized under Article 1, Section 6 of the Kansas Constitution to reorganize state agencies, within the executive branch of government, by issuing an executive reorganization order.
EROs must be transmitted to both houses of the Legislature on the same day, within the first 30 calendar days of any regular session.
An ERO becomes effective and has the effect of general law on July 1 unless, within 60 calendar days of transmittal to the Legislature, either the Senate or the House of Representatives adopts a resolution disapproving the ERO.
Purpose of ERO No. 41
According to testimony presented by then-Secretary for Aging, Shawn Sullivan, before the Senate Committee on Ways and Means on February 15, 2012, the general intent of ERO No. 41 was to realign the agencies to more effectively analyze and update policies to ensure quality service to those who serve the Medicaid populations.
Implementation of ERO No. 41
The implementation of ERO No. 41 resulted in the transfer of $928,817,413, including $400,017,726 from the State General Fund (SGF), and 108.5 Full-time Equivalent (FTE) positions from DCF to KDADS.
The implementation of ERO No. 41 resulted in the transfer of $898,844, including $645,573 from the State General Fund (SGF), and 12.7 Full-time Equivalent (FTE) positions from KDHE to KDADS.
Secretary Sullivan testified on February 15, 2012, before the Senate Committee on Ways and Means, that prior Medicaid policies were developed and administered in several state agencies that posed challenges for administrative consolidation and coordination. He indicated reorganization would consolidate the Medicaid fiscal and contract management function in KDHE and program management in KDADS while allowing DCF to strengthen its focus on children and families.
With the implementation of ERO No. 41, the total number of FTE positions in DCF decreased from 3,119.1 FTE in the FY 2012 approved budget to 3,010.6 FTE in FY 2013. The approved budget for FY 2013 included 2,987.6 FTE positions due to other adjustments.
With the implementation of ERO No. 41, the total number of FTE positions in KDHE decreased from 975.4 FTE in the FY 2012 approved budget to 962.7 FTE in the FY 2013 approved budget. Due to other reductions, the FY 2013 approved budget FTE count for KDHE was 894.2 FTE.
Agency Reorganization
Kansas Department for Aging and Disability Services
KDADS was reorganized resulting in the following commissions:
Commission on Aging—included four divisions: Community Based Services; Transitional Services and Client Assessment, Referral, and Evaluation (CARE); Information and Community Resources; and Quality Review;
Community Services and Programs Commission—included Home and Community Based Services (HCBS) Waivers, Money Follows the Person Program (MFP) [Note: Kansas stopped MFP transitions in July 2017; individuals transitioning by that time had 365 days of MFP, after which they were transitioned to the appropriate HCBS program. The MFP program has ended]; Program for All-Inclusive Care for the Elderly (PACE), Behavioral Health Services (combines Mental Health and Addiction and Prevention Services), Medicaid and Management Operations (KanCare Implementation), and State Hospitals;
Survey, Certification and Credentialing Commission—included Health Occupations Credentialing; and
Financial and Information Services Commission.
As of October 17, 2023, KDADS is organized to include these five commissions: Long Term Services and Supports; Behavioral Health Services; Financial and Information Services; State Hospitals; and Survey, Certification and Credentialing.
Department for Children and Families
DCF was reorganized to create the following under Family Services:
Child Support Services (formerly Child Support Enforcement);
Economic and Employment Services (formerly Economic and Employment Support)—includes Cash Assistance Programs, Child Care and Early Education Programs, Supplemental Nutrition Assistance Program, and Work Program;
Prevention and Protection Services (formerly Children and Family Services)— includes Adoption Program, Adult Protective Services, Child Protective Services, and Foster Care; and
Rehabilitation Services (formerly Vocational Rehabilitation Services)—includes Employment Services, Independent Living, Services for People who are Deaf and Hard of Hearing, and Disability Determination Services.
Kansas Department of Health and Environment
After reorganization, KDHE consisted of the following main divisions:
Public Health—included the Office of the Director and the Bureaus of Surveillance and Epidemiology, Oral Health, Local and Rural Health, Disease Control and Prevention, Child Care and Health Facilities, Environmental Health, Health Promotion, Family Health, Public Health Preparedness (formerly Homeland Security), and Public Health Informatics (formerly the Center of Health and Environment Statistics). The Administration Program was also included in the Division of Health function. [Note: Prior to SFY 2019, the Public Health Division was reorganized to include the Office of the Director and five bureaus: Disease Control and Prevention; Health Promotion, Family Health, Community Health Systems, and Epidemiology and Public Health Informatics);
Environmental Services—includes the Bureaus on Air, Environmental Remediation, Environmental Field Services, Health and Environmental Laboratories, Waste Management, and Water; and
Health Care Finance—includes HealthWave (Children’s Health Insurance Program—CHIP) and Medicaid, State Employee Health Care Benefits Program, State Workers Compensation, and the health care data responsibilities of the former Health Care Data Governing Board.
by Iraida Orr Principal Research Analyst 785-296-4408
The Kansas Medicaid program, KanCare, is a jointly funded state and federal government program that provides health coverage to qualifying individuals. States can choose how to administer their own Medicaid program within federal guidelines, creating programs that vary from state to state. To allow this flexibility, the federal government offers waivers that allow states to waive certain provisions of the Medicaid statutes related to state program design. Kansas is currently approved for two waivers: a section 1115 waiver for KanCare and a section 1915(c) waiver for home and community based services.
KanCare – Section 1115 Waiver
In 2013, Kansas shifted from a state-operated program to KanCare, in which managed care organizations (MCOs) provide services. As part of creating KanCare, Kansas successfully applied for a section 1115 demonstration waiver and has operated under a 1115 waiver since 2013, renewing it once in January of 2019. Generally, section 1115 demonstrations are approved for an initial five-year period and can be extended for up to an additional three to five years, depending on the populations served. States commonly request and receive additional five-year extension approvals.
The current 1115 waiver for Kansas is set to expire in December 2023. As a result, the State has submitted an application to obtain a new source of authority to continue implementation of its managed care delivery system. On December 27, 2022, the Kansas Department of Heath and Environment (KDHE) submitted a request for a five-year renewal of the KanCare section 1115 demonstration for January 1, 2024, through December 31, 2028. This application included an amendment to transition features of the KanCare program that do not require expenditure authority to more permanent federal authorities such as state plan amendments and a section 1915(b) waiver. Below is a description of each of the waivers that will likely be used to continue KanCare beyond December 31, 2023, and some of the considerations for each:
1115 Waiver Renewal –The 1115 waiver requires budget neutrality or a limit on the amount of federal dollars that can be spent. This cap on federal spending may limit the State’s ability to address certain initiatives such as reducing the waitlists for Home and Community Based Services waivers and increasing provider reimbursement rates;
1915(b) Waiver – This type of waiver is initially granted for a two-year period and allows states to provide services through a managed care plan. While this waiver does not have a budget neutrality cap, states must demonstrate that their managed care system is cost-effective. This waiver allows states to require that all state plan populations enroll in managed care, including dual eligibles (individuals who receive both Medicare and Medicaid benefits) and children with special health care needs; and
State Plan Amendment – States can permanently implement a managed care delivery system by getting a state plan amendment approved by the Centers for Medicare and Medicaid Services (CMS). State Plan amendments do not need to be renewed but do place some limits on the populations a state can require to enroll in managed care. For example, State Plan amendments do not allow states to require dual eligibles and children with special healthcare needs to enroll in a managed care program.
All three of these authorities allow states to be exempt from certain requirements of Medicaid. For example, they each allow states to implement managed care in only some areas of the state and allow states to require people to receive their Medicaid services from a managed care plan. Regardless of the type of authority, however, states are required to comply with other federal guidelines around managed care, including reasonable access to providers and the right to change managed care plans.
KanCare Managed Care Contracts
Kansas currently contracts with three MCOs – Aetna, Sunflower Health Plan, and United Healthcare – to provide Medicaid services under KanCare. These contracts outline the relationship between the State and the MCOs and establish the State’s expectations and priorities. The current contracts between each of the MCOs and the State began in January 2019 and will expire on December 31, 2024.
The MCO contracts are not tied to the federal authority the State uses to operate KanCare. In January 2024, Kansas will shift to a new waiver or federal authority while the MCO contracts remain in place through the end of 2024.
Differences Between the 1115 Waiver and MCO Contracts
1115 Waiver
MCO Contracts
Governs the State’s relationship with the federal government
Governs the MCOs’ relationship with the State
Focuses on the State’s authority to draw down federal funds, requires reports, and other issues
Focuses on the day-to-day relationships between the MCOs, providers, and beneficiaries
Does not directly affect providers and beneficiaries
Directly affects providers and beneficiaries
New MCO Contracts
Kansas issued a new solicitation for MCO contractors for KanCare via a Request for Proposal (RFP) on October 2, 2023. The Department of Administration’s Office of Procurement and Contracts will oversee the negotiated procurement process that will ultimately result in new MCO contracts. This process enables agencies to consider several factors in the evaluation of bid responses, including cost, vendor qualifications, past performance, and methodology. The evaluation of proposals is performed by a three-person Procurement Negotiating Committee (PNC), as defined in KSA 75-37,102. The PNC will examine both the technical and cost proposals and, once the bids have been fully examined, will provide award recommendations to the Director of Purchases. The timeline, as proposed by the Department of Administration, is below:
KanCare RFP Timeline
Activity
Timeline
Release RFP
October 2, 2023
Mandatory RFP pre-bid conferences
October 16, 2023
RFP questions and answers and posting of responses
October 23 to November 28, 2023
Stakeholder engagement report-out
October 24 to October 26, 2023
Evaluator training
December 18 to December 19, 2023
RFP bid closing date/proposals due
January 4, 2024
RFP evaluation process
January 5 to March 21, 2024
Negotiations, contract award, and contract signing
March 22 to April 12, 2024
Bid protest period
April 15 to May 17, 2024
Implementation and readiness review
May 20 to December 31, 2024
New contracts go live
January 1, 2025
by Megan Leopold Managing Fiscal Analyst 785-296-4419
This is the ninth edition of Kansas Tax Facts (“Tax Facts”), the previous editions being published in 1962, 1965, 1971, 1976, 1983, 1993, 2000, and 2010. This edition reflects legislation enacted through 2023 and tax receipts for state fiscal year 2023 and tax year 2022 for taxes generally reported on a calendar year basis.
The main purpose of Tax Facts is to provide basic information on state and local imposed taxes in a convenient handbook to be used as a reference resource on the Kansas tax system, particularly as that system has evolved since the publication of the eighth edition of Tax Facts in 2010.
The federal Help America Vote Act (HAVA) was enacted in 2002 (Public Law 107-252) to make changes to the nation’s voting process. HAVA addresses improvements to voting systems and voter access identified as needed following the 2000 election.
Kansas Fiscal Facts includes information on the Kansas state budget. It is intended to inform legislators and others, particularly those without budget experience, by providing basic budgetary facts.
Information contained in this document reflects expenditures approved by the 2023 Legislature for state fiscal year 2024 (July 1, 2023–June 30, 2024). Comparison information to prior years is also included.
FY 2023 data reflect estimates as approved by the Legislature and will differ from actual expenditures.
Information contained in the Overview section and in the Budget Detail by Function of Government section reflects amounts approved by the 2023 Legislature.
The opening section of the document provides an overview of the state budget, including descriptive information on the approved budget, trends data, state personnel, and state revenues.
Following the overview, detailed information is provided for each of the six functions of government, including approved levels of expenditures and staffing for each state agency. Budget highlights from the 2023 Session are included for each function of government, as is other descriptive information.
A glossary of selected budget terms is included at the end of this document. A list of legislative fiscal analyst assignments is also included, should there be a need for additional information regarding a particular agency budget.
The reader is encouraged to keep this document as a handy reference tool. Suggestions for improvements are always welcome.
Highlights is a summary of major legislation passed during the Session. This edition contains summaries from 20 major topics, including Education Finance and Policy, Fentanyl Test Strips, Childhood Sexual Abuse Statute of Limitations, State Budget and Water Funding, and Workforce Development Laws.
Read on for a mobile-friendly format of the publication, or listen to the podcast below.
Listen to the Podcast
Contents:
Abortion Agriculture & Natural Resources Alcohol & Gaming Children & Youth Corrections Education Elections & Ethics Federal & State Affairs Financial Institutions & Insurance Health Judiciary
Retirement Social Services State Finances State & Local Government Taxation Transportation Utilities & Telecommunications Veterans & Military Workforce Legislative Session At-A-Glance
Abortion
Abortion Definition and Notification
HB 2264 amends the definition of “abortion” to clarify that certain medical procedures, such as removal of an ectopic pregnancy, and methods of contraception are not abortions. The bill also requires facilities and physicians that provide medication abortions using mifepristone to provide notification to patients, verbally and in writing, that reversal of the abortion may be possible.
Born-alive Infants Protection Act
HB 2313 enacts the Born-alive Infants Protection Act. If an abortion or attempted abortion results in a child being born alive, the bill requires health care providers exercise the same level of care as to any other child born alive. Failure to comply with these care requirements must immediately be reported to law enforcement. The bill creates penalties for knowing or reckless violation of the Act and allows for a civil cause of action for any violation of the care and reporting requirements. These penalties do not apply to the woman upon whom the abortion is performed or attempted. The bill also requires each medical facility in which an infant is born alive subsequent to an abortion or attempted abortion to submit an annual report to the Secretary of Health and Environment and authorizes civil fines for failure to timely submit such reports.
Agriculture & Natural Resources
Multi-year Flex Accounts and Water Banks
SB 205 allows enrollment and participation in a multi-year flex account except when the water right, or any portion, is enrolled in a water bank during the calendar year. The bill also provides a one-year period where dual-enrollment is allowed.
Outdoor Recreation
HB 2039 requires the Secretary of Wildlife and Parks, or the Secretary’s designee, to issue a free permanent hunting and fishing license to any Kansas resident who provides proof of disabled veteran status to the Secretary. The bill also designates the Lehigh Portland Trails in Allen County as Lehigh Portland State Park.
Cotton Bale Transport
HB 2160 amends secured load requirements for trucks, trailers, and semitrailers hauling cotton bales to allow for transport by cotton producers intrastate from the place of production or storage to a market, place of storage, or place of use under certain conditions.
Groundwater Management District Reporting
HB 2279 requires groundwater management districts (GMDs) to submit annual reports to the Legislature by January 25 each year; requires GMDs to identify and submit a report on priority areas of concern to the Chief Engineer by July 1, 2024; and requires GMDs to submit a conservation and stabilization action plan to the Chief Engineer by July 1, 2026. The bill also prohibits a GMD board member from farming GMD-owned land for profit unless certain requirements are met.
Alcohol & Gaming
Tribal Sports Wagering
Senate Sub. for HB 2058 authorizes any gaming compact about sports wagering to include provisions governing sports wagering outside the boundaries of tribal lands. [Note: SR 1725 and HR 6026 were passed to indicate approval of the gaming compact amendment submitted by the Prairie Band Potawatomi Nation.]
Alcohol Sales, Sampling, and Consumption Areas
HB 2059, among other things, amends various provisions of the Kansas Liquor Control Act, Kansas Cereal Malt Beverage Act, and Club and Drinking Establishment Act. Sunday Sales. The bill removes the 30 percent food sales requirement, where permitted, for on-premise Sunday sales of cereal malt beverages.
Common Consumption Areas. The bill removes the provision that a municipality require the portions of common consumption areas on public streets or roadways to be blocked from motorized traffic during events.
Dogs at Food Establishments and Microbreweries. The bill permits food establishments and microbreweries to conditionally allow dogs in outside areas on the premises and inside areas of microbreweries not used to prepare food or drink.
Children & Youth
Juvenile Justice and Oversight
HB 2021 creates and amends law regarding the assessment and provision of services to children in the child welfare and juvenile justice systems and changes the criteria used to admit youths to a juvenile crisis intervention center.
Risk and Needs Assessments. The bill requires the Secretary for Children and Families to identify and administer a risk and needs assessment to children exhibiting criminogenic behaviors during a child in need of care case, and to collaborate with the Secretary of Corrections to allow such children to participate in programs funded by the Evidence-based Practices Account. The bill also directs the Secretary of Corrections to ensure a juvenile placed in detention receives a standardized risk and needs assessment within 72 hours, receives an updated or completed case plan within 48 hours of such assessment, and has access to behavioral, mental health, and substance use treatment disorder services while in detention.
Juvenile Crisis Intervention Centers. The bill permits juveniles who are likely to harm themselves or others due to a behavioral health condition to be admitted to a juvenile crisis intervention center in certain circumstances and changes the phrase “mental health crisis” to “behavioral health crisis” in various statutes. The bill also adds substance abuse services to the services offered by such centers.
HB 2114 renames and updates the charge for the J. Russell (Russ) Jennings Joint Committee on Corrections and Juvenile Justice Oversight.
Child Welfare
HB 2024 creates the Newborn Infant Protection Act to provide for newborn safety devices as an alternate means to legally surrender an infant. The bill authorizes a parent or a legal custodian of an infant who is no more than 60 days old and who has not suffered great bodily harm to surrender physical custody to a newborn safety device installed at an authorized facility. The relinquishing parent who follows this procedure is immune from civil or criminal liability for such surrender. The bill establishes a procedure for a non-relinquishing parent to establish parental rights after this surrender. An authorized facility receiving an infant must make information available to the relinquishing parent (e.g., a form requesting certain information about the child such as tribal status), to ensure compliance with the Indian Child Welfare Act.
The bill also creates a program within the Kansas Department of Health and Environment for the training and payment of Child Abuse Review and Evaluation (CARE) providers who conduct CARE exams. The bill outlines the exam and reporting process and requires specialized training for CARE providers.
Further, the bill enacts the Representative Gail Finney Memorial Foster Care Bill of Rights to define the rights of children in need of care in the child welfare system (foster youth), foster parents, and kinship caregivers.
Corrections
Crimes
The Legislature created and amended provisions concerning various crimes.
Battery—Health Care Provider. SB 174 amends the crime of battery to add battery committed against a health care provider while the provider is engaged in the performance of their duties. [Note: Provisions regarding fentanyl are detailed in Health.]
Discharge of a Firearm. Senate Sub. for HB 2010 amends the crime of criminal discharge of a firearm to include the reckless, unauthorized discharge of any firearm at an occupied motor vehicle, regardless of whether the offender knows or has reason to know that a human being is present. [Note: Substance abuse programming provisions are discussed on p. 3.]
Drivers License Violations. HB 2216 removes, for a first-time offender, the mandatory term of imprisonment for driving with a driver’s license that was canceled, suspended, or revoked for failure to appear, pay fines, or otherwise comply with a traffic citation. Human Smuggling. HB 2350 creates the crimes of human smuggling and aggravated human smuggling.
County Jail Updates
SB 228 updates law concerning county jails in, among other ways, specifying each sex, female and male, must be kept in separate rooms while imprisoned, and defines the term “sex” to mean an individual’s biological sex at birth. The bill also requires the Secretary for Aging and Disability Services to reimburse counties for costs related to the confinement of prisoners awaiting examination, evaluation, or treatment for competency to stand trial.
Substance Abuse Program Expansion
Senate Sub. for HB 2010, among other things, allows certain defendants convicted of a nonperson severity level 7 through 10 felony with no prior convictions relating to the manufacture, cultivation, or distribution of a controlled substance to participate in the SB 123 Program.
Education
Omnibus Education Bill
House Sub. for SB 113 contains appropriations for the Kansas State Department of Education of $4.4 billion State General Fund (SGF) for FY 2023; $4.6 billion SGF, including an additional $7.5 million SGF for Special Education for FY 2024; and an additional $15.0 million SGF for special education for FY 2025. [Note: This funding is later detailed on p. 7.]
KSEEA Amendments. The bill, among other provisions, amends the Kansas School Equity and Enhancement Act to modify low and high enrollment weightings for school districts that attach territory of a disorganized school district or accept students that attended a school building closed in the previous year. The bill extends the high density at-risk weighting sunset to July 1, 2027.
Mill Levy. The bill also extends the 20 mill property tax levy on taxable tangible property of the school district to include the 2023-2024 and 2024-2025 school years. Low-income Students Scholarship. The bill reduces student eligibility requirements for the Scholarship Program to 250 percent of poverty and increases the tax credit provision to 75 percent of contributions.
School District Property and Participation in Activities. The bill provides the Legislature with the right of first refusal to acquire school district real property. It also authorizes certain nonpublic students to participate in activities regulated by the Kansas State High School Activities Association.
Special Education Finance. The bill creates a Special Education and Related Services Funding Task Force.
School Activities, Policies, and Building Closures
Senate Sub. for HB 2138 requires each local board of education to adopt a policy regarding separate overnight accommodations for students of each biological sex during school-sponsored travel, provides for administrative review by the State Board of Education for the permanent closure of a school building, and permits local broadcasters to broadcast a school’s regular or postseason activities under certain criteria.
Fairness in Women’s Sports Act
HB 2238 creates the Fairness in Women’s Sports Act and requires interscholastic, intercollegiate, intramural, or club athletic teams or sports sponsored by public educational entities or any school or private postsecondary educational institution whose students or teams compete against a public educational entity to be expressly designated based on biological sex.
Elections & Ethics
Campaign Finance Act Reform
House Sub. for SB 208 amends the Campaign Finance Act (Act) regarding procedures of the Kansas Governmental Ethics Commission.
Governmental Ethics Commission. The bill establishes the deadline for bringing any action before the Commission at five years after the act in question. The bill also directs the Commission to create standards by which Commission members, employees, or affiliates are to recuse themselves from matters affecting the ability of the Commission to fairly enforce the Act. Duties of confidentiality regarding the complaints and proceedings apply only to members of the Commission, the Executive Director, and Commission employees.
Subpoena Procedures. The bill authorizes the Commission to apply to the Shawnee County District Court for an order to administer oaths and affirmations, subpoena witnesses, and take evidence, among other things. The bill also requires any person ordered to testify or produce documents to be informed that they have a right to counsel; the judge must appoint counsel if the person is indigent and requests counsel. Commission Hearing Procedures. Hearings conducted under the Act must comply with provisions of the Kansas Administrative Procedure Act (KAPA) and the Kansas Code of Civil Procedure. Respondents may request any hearing and pre-hearing procedure to be heard before a presiding officer from the Office of Administrative Hearings and conducted as prescribed by KAPA.
Presidential Preference Primary
Senate Sub. for HB 2053 provides for a presidential preference primary, and establishes voter registration and voting procedures for such election.
2024 Presidential Preference Primary Election. The bill requires each recognized political party currently participating in primary elections to hold a presidential preference primary election to elect nominees for President and Vice President of the United States on March 19, 2024. A political party may opt out by submitting written notice to the Secretary of State (Secretary) by December 1, 2023.
Candidate for a Political Party Nomination. Each candidate for a political party nomination for U.S. President must file the appropriate registration information with the Federal Election Commission and file with the Secretary at least 60 days prior to the primary election, either a declaration of intent with a fee of $10,000; or a petition signed by at least 5,000 registered electors affiliated with the candidate’s party.
Election Procedures. The bill amends various provisions of election law including setting deadlines for requesting an advance ballot for the primary election, closing voter registration for 30 days before this primary, and requiring the County and State Boards of Canvassers to meet and canvass within 8 days after such primary election, among other changes.
Federal & State Affairs
State Land Fossil
SB 3 designates Silvisaurus condrayi as the official state land fossil.
Concealed Carry License Fees
House Sub. for SB 116 removes certain fees paid by persons applying for or renewing a concealed carry license. No fees must be paid except to cover the cost of taking fingerprints.
Tobacco 21
HB 2269 raises the minimum age to 21 to sell, purchase, or possess cigarettes, electronic cigarettes, or tobacco products.
Financial Institutions & Insurance
Kansas Travel Insurance Act; State Employee Health Plan Changes
SB 85 enacts the Kansas Travel Insurance Act to address the licensure and registration of limited lines travel insurance producers and travel retailers, establish a premium tax for travel insurers, regulate the sale and marketing of travel insurance and travel protection plans, provide for travel administrators, and establish standards for travel insurance policies. The bill also removes the requirement that the State Employee Health Plan offer, as a benefit, the option to purchase long-term care insurance and indemnity insurance.
Premium Tax, Surplus Lines
HB 2090, among other things, amends a provision in the Insurance Code pertaining to the premium tax assessed for surplus lines business transacted on behalf of insureds (policyholders) whose home state is Kansas. The bill amends the tax rate licensed agents are required to collect and pay to the Commissioner from 6.0 to 3.0 percent of the total gross premiums charged, less any return premiums, beginning January 1, 2024.
Health
Fentanyl-related Definitions and Penalties
SB 174, among other provisions, amends various statutes regarding fentanyl- and drug-related matters.
Definitions. The bill amends the definition of “manufacture” to include placing a controlled substance into a pill or capsule form and the definition of “drug paraphernalia” to exclude tests used to detect fentanyl, ketamine, or gamma-hydroxybutyric acid (GHB). The bill adds the definition of “fentanyl-related controlled substances” in the Kansas Criminal Code to include certain Schedule I and Schedule II controlled substances.
Increased Penalty. The bill amends the crime of manufacturing a controlled substance to increase the manufacturing of a fentanyl-related controlled substance to a drug severity level 1 felony.
Defining Biological Sex
SB 180 establishes the Women’s Bill of Rights to define an individual’s “sex” as the sex at birth, either male or female. The terms “woman” and “girl” refer to human females and the terms “man” or “boy” refer to human males. The bill states that with, respect to biological sex, separate accommodations are not inherently unequal. Distinctions between the sexes must be considered substantially related to the governmental objectives of protecting the health, safety, and privacy of individuals in athletics; prisons or other detention facilities; domestic violence centers; rape crisis centers; locker rooms; restrooms; and other areas of separate accommodations.
Charitable Event and Demonstration Permits; Exemptions
HB 2125 allows the Kansas State Board of Cosmetology to issue permits to provide tattooing, cosmetic tattooing, and body piercing services at special events in Kansas. Board-licensed individuals may be granted a permit, valid for up to 30 days, to provide services at charitable events.
Demonstration permits are valid for up to 14 days and may be granted to individuals either licensed by the Board or who meet additional requirements. The bill also exempts adult care homes and long-term care units of medical care facilities from certain statutes and rules and regulations governing barbering and cosmetology licensure and inspections.
Human Services Update
HB 2184 and SB 25 include these reimbursement and policy adjustments for FY 2024:
Provides coverage through the Children’s Health Insurance Program for children residing in a household having a gross household income at or below 250 percent of the federal poverty guidelines;
Directs the Kansas Department for Aging and Disability Services (KDADS) to certify community mental health clinics to transition to certified community behavioral health clinics based on readiness, rather than the statutory schedule, transitioning nine by July 2023, and the final eight by July 2024; and
Requires KDADS to submit to the Centers for Medicare and Medicaid Services, an initial application for a community support waiver for individuals with intellectual and developmental disabilities.
SB 25 also extends, by proviso, the Mental Health Intervention Team Pilot Program (established in 2018 and extended by subsequent appropriations acts) and participation in the Health Care Stabilization Fund for certain maternity care centers (previously permitted by 2022 proviso language).
Judiciary
Electronic Tracking Devices; Protective Orders
SB 217 amends the crime of stalking to include the use of electronic tracking devices to determine a person’s location, movement, or travel patterns and amends various other law to specify when such tracking is prohibited. The bill also extends the time period in which initial protection orders and related extensions may remain effective.
Name Change in Divorce
HB 2065 allows the court, at the spouse’s request, to change a spouse’s name to a name other than their former name at or after the decree of divorce becomes final.
Childhood Sexual Abuse Statute of Limitations
Senate Sub. for HB 2127 permits a criminal prosecution for childhood sexual abuse to be commenced at any time. The bill also extends the time to file a civil action for recovery of damages resulting from childhood sexual abuse to commence no more than 13 years after the date the victim turns 18 or no more than 3 years after the date of a criminal conviction for a related crime, whichever occurs later.
Probate
HB 2027, designated as Karen’s Law, amends the “slayer rule” to prevent the distribution of estate assets to a potential beneficiary who has been arrested or charged with the felonious killing of the decedent until the criminal proceedings are resolved.
HB 2130 amends law in the Kansas Probate Code concerning certain dollar amount limits and thresholds referenced in the Code. Increased dollar amount limits include what may be received by a decedent’s surviving spouse or children; two-year transfer amount threshold; homestead allowance; small estate caps for personal property; estate caps for petitions for refusal of letters of administration; and supplemental elective share.
The bill also changes the effect of transfer-on-death deeds filed on or after July 1, 2023 for real estate when a grantee beneficiary dies prior to the death of the record owner. The filing of wills in court would also allow a copy of a decedent’s will to be filed and admitted to probate.
Scrap Metal Theft Reduction Act—Catalytic Converters
HB 2326 specifies “regulated scrap metal” under the Act includes catalytic converters and prohibits scrap metal dealers from purchasing any catalytic converter that has a defaced or altered identification number or any by-product or dust containing platinum, palladium, or rhodium.
Retirement
ESG Criteria for Public Investments HB 2100 creates the Kansas Public Investments and Contracts Protection Act, prohibiting state agencies and other political units from favoring or disfavoring companies based on environmental, social, and governance (ESG) criteria in the procuring or letting of contracts; requires fiduciaries of the Kansas Public Employees Retirement System (KPERS) to act solely in the interest of its participants and beneficiaries, including following proxy voting conditions; restricts state agencies from adopting ESG criteria or requiring any person or business to operate in accordance with such criteria; provides for the Attorney General to enforce the Act; and indemnifies KPERS respecting actions taken in compliance with the Act.
KP&F Affiliation; DROP Expansion
HB 2196 authorizes the affiliation of certain persons employed by the Kansas Department of Wildlife and Parks into the Kansas Police and Firemen’s (KP&F) Retirement System on July 1, 2023, and expands the defined membership of the Deferred Retirement Option Program (DROP) to include any DROP-eligible member of KP&F (eligibility was previously limited to certain Kansas Bureau of Investigation and Kansas Highway Patrol employees). The bill also extends the sunset date for DROP to January 1, 2031.
Social Services
Child Care Subsidy and Food Assistance Requirements
HB 2094 requires parents receiving or applying for a child care subsidy be subject to periodic child support compliance reviews in order to receive assistance. The reviews must occur upon application for a child care subsidy, after 12 months of continuous eligibility for the subsidy, and following 12 months of continuous eligibility when the Secretary for Children and Families renews or redetermines a parent’s eligibility.
The bill also requires non-exempt individuals who are between the ages of 50 and 59 and who do not have dependents to participate in an employment and training program in order to receive assistance under the federal Supplemental Nutrition Assistance Program.
State Finances
State Budget
HB 2184 (Mega Bill), SB 25 (Omnibus Bill), and SB 113 (Education Budget Bill) include adjusted funding for fiscal year (FY) 2023 and funding for FY 2024 for all state agencies. HB 2184 also includes various claims against the State.
Included in the FY 2023 Budget:
The FY 2023 revised budget totals $24.7 billion, including $9.1 billion from the state general fund (SGF). The approved budget is an all funds increase of $2.2 billion, or 9.8 percent, and a SGF increase of $952.5 million, or 11.6 percent, above FY 2022 actual expenditures. The approved budget includes full-time equivalent (FTE) positions totaling 41,979.1.
Major adjustments include:
Agriculture. Deletes $125.4 million, including $25.5 million SGF primarily for decreases in the Kansas Department of Health and Environment laboratory construction costs. Education. Adds $546.6 million, including $368.6 million SGF.
Caseloads. Adds $383.0 million, including $352.8 million SGF.
Regents and Universities. Adds $251.7 million, including $163.0 million SGF. The SGF increase includes $45.0 million for capital renewal and demolition projects and $19.0 million for the Comprehensive Grant program.
General Government. Adds $92.8 million from all funds, but deletes $167.3 million SGF. Caseloads. Adds $28.8 million for revised sports wagering revenue.
Kansas Department of Commerce. Adds $10.0 million SGF for World Cup Planning and Area Improvements.
Office of the State Treasurer. Adds $52.0 million SGF to an investment fund for water storage debt payments associated with Milford and Perry reservoirs.
Human Services. Adds $646.9 million, including $621.5 million SGF.
Caseloads. Adds $57.7 million from all funds, but deletes $53.8 million SGF, for human services caseloads from FY 2022 actual expenditures.
Kansas Department of Labor. Adds $20.5 million SGF to modernize the Unemployment Insurance system.
Kansas Department of Health and Environment. Adds $58.3 million from ARPA funds for pandemic child care development block grants.
Kansas Department for Aging and Disability Services. Adds $517.9 million, including $413.8 million SGF.
Larned State Hospital. Adds $10.4 million SGF for contract nursing.
Public Safety. Adds $90.9 million, including $71.3 million SGF.
Kansas Department of Corrections. Adds $46.2 million, including $80.3 million SGF. Increases are primarily attributable to the pay plan.
Transportation. Adds $781.0 million, all from special revenue funds primarily for third-year expenditures for the Eisenhower Legacy (IKE) Transportation Plan.
SGF Transfers. Transfers $600.0 million to the Budget Stabilization Fund.
Included in the FY 2024 Budget:
The FY 2024 budget totals $23.7 billion, including $9.5 billion SGF. The approved budget is an all funds decrease of $1.1 billion, or 4.3 percent, but an SGF increase of $317.6 million, or 3.5 percent, from the FY 2023 revised budget. The approved budget includes 42,163.4 FTE positions.
Major adjustments include:
Agriculture. Adds $1.4 million from all funds, but deletes $45.8 million SGF.
Kansas Water Office. Adds $18.0 million from the State Water Plan Fund and authorizes certain transfers from the fund to the Kansas Department of Wildlife and Parks and the University of Kansas.
Education. Deletes $90.3 million, but adds $79.4 million SGF.
K-12 Caseloads. Deletes $74.6 million, but adds $63.9 million SGF.
Kansas State Department of Education. Deletes $15.7 million from all funds, but adds $15.5 million SGF, including $3.0 million SGF for the Mental Health Intervention Pilot program and $7.5 million SGF above the Special Education Services Aid base amount. Regents and Universities. Adds $244.3 million, including $82.7 million SGF, including $142.0 million from ARPA funds for the Kansas State University and Wichita State University Health Science Center joint project and $14.3 million SGF for community colleges to expand registered apprenticeships, technical education, business, and industry partnership.
General Government. Deletes $395.0 million, including $44.2 million SGF.
Caseloads. Adds $36.0 million for revised sports wagering revenue.
Office of the Governor. Directs the agency to post on a searchable website any grant applied for or awarded by any agency related to the ARPA–State Fiscal Recovery Fund. Human Services. Deletes $168.8 million from all funds, but adds $127.0 million SGF. Caseloads. Adds $132.5 million SGF to implement revised human services caseloads estimates.
Department for Children and Families. Deletes $143.3 million from the DCF due to exhaustion of pandemic assistance for child care and other programs.
Kansas Department for Aging and Disability Services. Adds $180.5 million, including $90.8 million SGF.
Public Safety. Deletes $43.1 million, but adds $5.9 million SGF.
Kansas Department of Corrections. Adds $8.7 million, including $24.9 million SGF. Transportation. Deletes $676.4 million, all from special revenue funds. Reductions are primarily due to fourth-year expenditures for the IKE Transportation Plan.
State Employee Pay. Adds $120.0 million, including $46.0 million SGF, to provide salary adjustments to state employees based on the Department of Administration Market Survey.
Water Funding
Senate Sub. for HB 2302 appropriates $52.0 million SGF to an account in the State Treasury for investment in U.S. Treasury bills; upon certain economic factors, the moneys would be divested and used to repay the debt on Milford and Perry reservoirs.
The bill transfers $35.0 million SGF to the State Water Plan Fund on July 1, 2023, on which the Kansas Water Authority is authorized to make recommendations to the Legislature.
The bill also establishes two funds, both administered by the Kansas Water Office, that may be used for various projects and expenditures detailed in the bill.
State & Local Government
Housing Incentives
SB 17 updates the designation of and references to the Kansas Rural Housing Incentive District Act to the Kansas Reinvestment Housing Incentive District Act and creates certain housing projects criteria in designated cities with a population of 60,000 or more; expands the list of costs in the RHID Act that could be paid for by proceeds of special obligation bonds; and expands the transferability of tax credits that could be issued under the Kansas Housing Investor Tax Credit Act.
Water System Repayments
SB 120 allows the Secretary of Health and Environment to adopt rules and regulations authorizing the replacement of portions of public water supply distribution systems and extend the repayment period to the State from 20 years to 30 years.
Legislator and Elected Official Compensation
House Sub. for SB 229, among other things, creates a nine-member Legislative Compensation Commission to study and make recommendations on compensation, salary, and retirement benefits of legislative members. The Commission must meet prior to the 2024 legislative session and provide a salary recommendation for legislators taking office in 2025.
The bill also establishes new compensation rates for the Governor, Lt. Governor, Attorney General, Secretary of State, State Treasurer, Commissioner of Insurance, judges, and certain elected district attorneys. Salaries are equal to a percentage of those for a U.S. congressional member, a U.S. district judge, or a district judge, depending on the position.
IT Security and Project Oversight
HB 2019 creates requirements for reporting significant cybersecurity incidents by entities maintaining personal information provided by or operated by the State to the Kansas Information Security Office. The bill authorizes the Executive Branch Chief Information Security Officer to establish cybersecurity standards and policy for state agencies and creates requirements for cybersecurity training and assessments. The bill also modifies the role of the Joint Committee on Information Technology by allowing the committee to advise and consult on state IT projects that meet a new business risk standard.
Taxation
Sales Tax Exemptions and Local Authority, Electronic Delivery of Property Tax Documents
HB 2002, among other provisions, creates sales tax exemptions for Kansas Suicide Prevention HQ and for not-for-profit Area Agencies on Aging.
The bill extends additional sales tax authority of up to 2 percent to Grant County for a jail or law enforcement center and up to 0.25 percent to Dickinson County for public safety. The sales taxes require voter approval.
The bill also authorizes counties to electronically deliver property classification and valuation notices and property tax statements to consenting taxpayers.
The SALT Parity Act, enacted by the 2022 Kansas Legislature, allows pass-through business entities to elect to have state income taxes paid by the entity, rather than individual owners. This policy, which allows Kansas taxpayers to maximize the amount of income deducted from federal income tax, results in a shift of receipts from individual income tax to corporate income tax, beginning in FY 2023.
Transportation
Build Kansas Matching Grant Funds
SB 25, among other things, adds a total of $215.0 million from the SGF for the Build Kansas Matching Grant Fund Program, to provide matching funds to local entities for projects eligible under the federal Infrastructure Investments and Jobs Act for FY 2024 to FY 2027. Such projects must address infrastructure needs, including for water, transportation, energy, cybersecurity, or broadband. (A means test will determine whether the local community is eligible and has demonstrated need.) These requests are subject to review by the Build Kansas Advisory Committee created by the bill.
Driver Employment Status
HB 2020 amends law pertaining to the employment classification of drivers for motor carriers and transportation network companies (TNCs), clarifying that a requirement for or use of a motor carrier safety improvement does not affect the worker status of a driver.
The bill also establishes in the Kansas Transportation Network Company Services Act that a TNC driver is an independent contractor and not an employee when the TNC agrees to the arrangement with the driver in writing and does not restrict certain aspects of the driver’s work.
Counterfeit Airbags
HB 2147 adds law to prohibit counterfeit airbags. It creates the crime of knowingly or intentionally manufacturing, importing, distributing, selling, offering for sale, installing, or reinstalling a device intended to replace a supplemental restraint system component in a vehicle if the device is counterfeit, a nonfunctional airbag, or an object not designed in accordance with federal safety regulations for the specific vehicle. The bill also changes procedures regarding selling a vehicle that had been towed and authorizes certain ground effect lighting on vehicles.
Rail Service Improvement Fund
HB 2335 authorizes the Rail Service Improvement Fund to be used for qualified track maintenance and financing, acquisition, or rehabilitation of railroads and rolling stock. On July 1, 2023, transfers from the State Highway Fund to the Rail Service Improvement Fund will increase from $5.0 million to $10.0 million annually.
The bill restricts the definition of qualified entities to class II or class III railroads (short line railroads), or any owner or lessee industry track, as defined in federal law, located on or adjacent to a class II or class III railroad in Kansas. The bill also defines “qualified track maintenance.”
License Plates
HB 2346 authorizes “Back the Blue” and City of Topeka distinctive license plates starting January 1, 2024, and permits, on and after January 1, 2025, any distinctive license plate to also be a personalized plate. Fees for the new plates will benefit the Kansas Chapter of Concerns of Police Survivors and the Greater Topeka Partnership Inc. The fee for a license plate that is both distinctive and personalized will be $40, double the fee for a personalized plate.
Utilities & Telecommunications
Wind Turbine Light Mitigation
SB 49 requires the installation of a light-mitigating technology system in new and existing wind turbines upon approval of the Federal Aviation Administration. The bill establishes requirements for system vendors and authorizes a county to enter into agreements with a developer, owner, or operator of wind turbines. The bill requires new wind turbines, on and after July 1, 2023, to have a system installed. Existing wind turbines would be required to install a system on and after January 1, 2026, upon execution of a new power offtake contract. Counties are allowed to issue revenue bonds for the purpose of equipping a system.
Utility Cost Recovery
HB 2225 authorizes an electric utility regulated by the Kansas Corporation Commission to recover costs associated with the transmission of electric power through a transmission delivery charge and requires public utilities to evaluate the regional rate competitiveness and impact to economic development in rate proceedings.
SB 39 provides for development of a mural in the Statehouse honoring the 1st Kansas (Colored) Voluntary Infantry Regiment and establishes a fund for such purpose.
Veterans Residency Status
SB 123 allows a veteran, their spouse, or their dependents, who were stationed in Kansas for at least 11 months during service in the armed forces, to be deemed a resident of Kansas for purposes of tuition and fees at a college or university. [Note: Additional bill provisions are addressed in Workforce.]
Workforce
Interstate Teacher Mobility Compact and Verified Electronic Credentials
SB 66 enacts the Interstate Teacher Mobility Compact to establish a new, expedited pathway to licensure. The bill also requires state licensing bodies to provide paper-based and verified electronic credentials to all license holders through a centralized electronic credential data management system.
Kansas Adult Learner Grant; CTE
SB 123 creates the Kansas Adult Learner Grant Act, which provides up to $3,000 per semester to eligible students who, among other qualifications, are enrolled in an eligible program at an eligible postsecondary institution. Recipients who successfully complete the grant-eligible program can receive a tax credit of up to $1,500.
The bill also establishes the Career and Technical Education (CTE) Credential and Transition Incentive for Employment Success Act, which requires all school districts and colleges that offer CTE to pay assessment and examination fees required to obtain the credential associated with the CTE program. The bill also provides for additional eligible fields of study under the Kansas Promise Scholarship Act.
Sub. for SB 131 permits the Board of Healing Arts to issue a sports waiver to certain out-of-state health care professionals traveling with a sports team; adds pharmacy technicians who meet certain requirements to the list of those authorized to administer vaccines; and modifies requirements for some license types, creates temporary licensure categories, and creates an expedited application process for professions licensed by the Behavioral Sciences Regulatory Board (BSRB).
Post-Secondary Institutions and Loan Programs
Senate Sub. for HB 2060 amends law relating to the State Medical Student Loan Program and the Medical Residency Bridging Program and establishes an obstetrics and gynecology medical loan repayment program. The bill also, among other things, requires reasonable accommodations for qualified students under the AO-K to Work Program and modifies the calculation and distribution of performance-based payments for community and technical colleges.
Embalmer Apprenticeship
HB 2262 amends educational requirements for embalmers to allow an applicant for a license to practice embalming to complete either a full apprenticeship, with all 12 months completed after graduation from a school of mortuary science, or a split apprenticeship, with the 12-month period split into two continuous 6-month periods with one period completed prior to enrolling in a mortuary science school and one completed after graduation.
Counseling Compact
HB 2288 establishes the Counseling Compact to facilitate interstate practice of licensed professional counselors. The Compact will provide for interstate practice in participating states for professional counselors under a single license when uniform licensure requirements are met. The Compact also provides for use of telehealth technology and support for relocating active duty military or their spouses who hold privilege to practice in a member state.
Kansas Apprenticeship Act; Engineering Grants
HB 2292 creates the Kansas Apprenticeship Act, which establishes a tax credit and grant programs to incentivize apprenticeships, and creates a matching grant program to provide grants to colleges and universities based on the number of engineering program graduates.
2023 Legislative Session At-A-Glance
Bill Information
Senate bills introduced in the 2023 Session
326
Senate bills carried over to the 2024 Session
284
House bills introduced in the 2023 Session
474
House bills carried over to the 2024 Session
371
Bills Considered in 2023 Session That Became Law:
House Bills
65
Senate Bills
33
Percentage of Bills that became law
12.3%
Senate Days in Session
88
House Days in Session
84
Fiscal Information for FY 2023
Estimated State General Fund Revenue (Dollars in Millions)
This publication includes summaries of the legislation enacted in 2023. Not summarized are bills of a limited, local, technical, clarifying, or repealing nature, and bills that were vetoed (sustained). However, these bills are listed beginning on page 229.
During the 2023 Session, 800 bills were introduced: 326 in the Senate and 474 in the House. Of these 800 bills, 98 (12.3 percent) became law: 33 Senate bills and 65 House bills. Further, of the 98 bills becoming law, 87 (88.8 percent) were introduced by committees and 11 (11.2 percent) were introduced by individual legislators. [Note: Substitute bills or bills with conference committee reports whose original subject matter was substantially modified from the content in the introduced sponsor bill are included in the former category.]
The Governor vetoed 17 bills and 23 line items in appropriations bills. The vetoes of 9 bills and 20 line items were sustained; vetoes of 8 bills and 3 line items were overridden.
A total of 655 bills will be carried over to the 2024 Session of the Legislature.
You must be logged in to post a comment.