Eric Adell Research Analyst Eric.Adell@klrd.ks.gov 785-296-4404
Jill Shelley Principal Research Analyst Jill.Shelley@klrd.ks.gov 785-296-8085
“Autonomous vehicle” is a term used to define a vehicle capable of operating without the intervention of a human driver and with the use of an automated driving system (ADS). A vehicle with an ADS is designed to perform the entire dynamic driving task without human intervention within the operating conditions for that specific ADS, known as its operational design domain.
The term “dynamic driving task” refers to operational and tactical functions required to operate a motor vehicle on a highway in traffic. If an ADS-equipped vehicle cannot perform the dynamic driving task properly, it must come to a state of minimal risk condition (a safe state to which an ADS brings a vehicle when a failure renders the system unable to perform the entire dynamic driving task).
Prior to SB 313, enacted in 2022, no statute authorized operation in Kansas for autonomous vehicles, and actions by and equipment for a human driver were required, implicitly prohibiting the use of a vehicle with an ADS for both individuals and businesses within Kansas.
Autonomous Vehicle Legislation in Kansas
SB 313, a bill concerning autonomous motor vehicles, authorizes use of an ADS-equipped vehicle in autonomous mode if it meets certain criteria as defined by law. The owner of a driverless-capable vehicle who intends to use an ADS must submit a law enforcement interaction plan to the Kansas Highway Patrol (KHP), and the vehicle must be registered and titled as driverless-capable.
It is also lawful for ADS-equipped vehicles to perform the dynamic driving task while a conventional human driver is present as long as the human driver can respond to requests to intervene, has a driver’s license and insurance, operates the vehicle according to manufacturer’s requirements, and can regain control of the vehicle when prompted.
The new law authorizes on-demand driverless-capable vehicle networks, which are transportation network companies (TNCs), to use driverless-capable vehicles for transporting people or goods. These include transportation for hire as well as public transportation. The provisions of the Transportation Network Company Services Act, as well as the Uniform Act Regulating Traffic on Highways, apply to driverless-capable vehicles to the extent practicable, but provisions that by their nature apply only to a human driver do not apply.
The bill also establishes an Autonomous Vehicle Advisory Committee to report activities and recommendations for use and regulation of ADS-equipped vehicles by July 1 of every year, starting in 2023 and ending in 2027. Its membership includes legislators, designees of certain organizations including trade and municipal organizations, and representatives of law enforcement and certain state agencies.
Legislation in Other States
All but six states (Alaska, Missouri, Montana, Rhode Island, Virginia, and Wyoming) and the District of Columbia have legislation or executive orders regarding autonomous vehicles. Of the states authorizing testing or full autonomous vehicle use, 9 authorize use of autonomous vehicle technology through either executive orders or rules and regulations authority, and 27 have statutory authorization; California, Hawaii, and Washington authorize such use through both statutory and executive authority.
Authorizations in six states permit only a study, define terms, or authorize funding relating to autonomous vehicles. Twenty-one states regulate what is known as truck platooning, in which a human truck driver leads two or more trucks that are linked via vehicle-to-vehicle communications and following the lead truck closely. These trailing vehicles must have a conventional driver in the truck to intervene as necessary and operate the vehicle where platooning is not authorized or prudent.
The map above identifies states that have legislation or executive action that authorizes use of autonomous vehicles. This authorization can vary widely, from testing to full deployment without a human driver. Autonomous vehicle testing sometimes involves trials at private lots or at universities, but the majority of tests are conducted on public roads and highways with conventional drivers who can intervene as the vehicle operates. A more complete description of state laws and executive actions regulating autonomous vehicles is available in the KLRD memorandum “State Regulation of Autonomous Vehicles.” (http://www.kslegresearch.org/KLRD-web/Publications/Transportation/memo_shelley_marshall_autonomous_vehicles.pdf)
Jill Shelley Principal Research Analyst Jill.Shelley@klrd.ks.gov 785-296-8085
Eric Adell Research Analyst Eric.Adell@klrd.ks.gov 785-296-4404
Cameras are statutorily authorized for use by municipalities in 36 states and the District of Columbia for enforcement of traffic laws, most commonly in enforcement related to speeding, full stops at red lights, and passing school buses that are stopped with the stop arm extended. State laws authorize municipalities or certain municipalities to use such cameras under certain circumstances. Toll agencies, including the Kansas Turnpike Authority, also use video enforcement for toll collection.
Kansas law is silent on the use of cameras to enforce any statutes included in the Uniform Act Regulating Traffic on Highways or similar city ordinances. Bills have been introduced, but not enacted, in Kansas in recent years to authorize cameras on school buses to identify any vehicle passing a school bus stopped with the stop arm extended and lights flashing: 2021-2022 HB 2154, 2019-2020 SB 472 and HB 2532, 2017-2018 HB 2040, and 2016 HB 2470.
Proponents generally state camera enforcement can help reduce behaviors that put lives and property at risk and act as a force multiplier for law enforcement agencies. Opponents have stated enforcement without a law enforcement officer present is unmerited and enforcement from images could be used for surveillance or to raise revenues for the local government.
Costs of Crashes
The map on the following page shows the uses for which states authorize traffic enforcement cameras.
Information in the 2020 Kansas Traffic Crash Facts Annual Accidents Facts Book published by the Kansas Department of Transportation ― which notes 52,469 total crashes, 426 fatalities, and 15,997 people injured in 2020 ― includes the following about types of violations that traffic cameras are most frequently used to enforce in other states:
Estimated costs of $6.2 billion for 30,386 crashes involving driver infractions;
4,599 crashes that were speed related, 88 fatalities, 2,071 injured, with associated economic costs of $1.6 billion; and
1,275 crashes in work zones, 2 fatalities, 409 injured, and associated costs of $110 million.
Each crash can have more than one contributing factor, but driver inattention was most common (11,397 crashes). Other top driver contributing circumstances noted were right of way violations (No. 2, noted for 5,901 crashes), driving too fast for conditions (No. 3, 3,978 crashes), and running a red light (No. 12, 1,185 crashes).
School bus violations. The April 2022 Kansas One Day Stop Arm Violation Count found, for the 2,669 buses of 184 districts participating, 882 instances of a vehicle passing when the stop arm was extended.
State Policy Choices
States crafting policy for use of such cameras have many policy choices, such as:
Which entities can use camera enforcement;
In what capacities contractors can be involved;
Whether a traffic violation documented with use of a camera will be a criminal or a civil offense;
Whether a law enforcement officer or another type of government employee must review images before notices of violation are sent;
Whether information about camera-enforced violations can be used for insurance purposes or determining whether the driver’s license should be restricted or suspended;
Whether the images can be used for any purpose other than enforcement of the specific violation;
What elements must be present in, or omitted from, the image (e.g., an image of the driver);
The image retention period; and
Whether and how information is made available to drivers about the presence of enforcement cameras.
Kate Smeltzer Research Analyst Kate.Smeltzer@klrd.ks.gov 785-296-4407
James Fisher Managing IT Analyst James.Fisher@klrd.ks.gov 785-296-6490
Electric Vehicle Adoption and Industry Growth
Globally, the automotive industry plans to invest $330 billion in electrification by 2023 and offer up to 130 electrified vehicle models in the United States. Nationally, hybrid vehicle sales in 2021 comprised 5.4 percent of total sales, and Zero Emission Vehicles, such as plug-in hybrids, and fuel cells, represented 4.1 percent.
Historically, successful new technologies, like television, cellphones, and LED light bulbs, were slow to sell until they reached the 5.0 percent adoption rate, at which point adoption began to occur at a much higher rate as demand become unpredictable.
The increasing demand for electric vehicles could also lead to a demand for more charging stations to help power these vehicles and alleviate driver “range anxiety,” as they would be capable of driving further without fear of running out of power for the vehicle.
As of 2022, nearly 6,763 electric/hybrid vehicles are registered in Kansas. This is less than 1.0 percent of vehicles registered in the state. Kansas will play a role in the expansion of charging station infrastructure in order to facilitate interstate travel and commerce.
Charging Station Expansion and Funding
It is estimated that $39.0 billion in investments are needed by 2030 for public charging infrastructure to meet the accompanying demand for electric vehicles in the United States.
As of 2022, the Edison Electric Institute (EEI), an association that represents all U.S. investor-owned electric companies, has invested nearly $3.7 billion in programs and projects to accelerate the electronic vehicle (EV) charging station infrastructure implementation process. The EEI estimates nearly 140,000 EV fast- charging stations will be needed to accommodate the projected 26 million EVs that are expected to be on U.S. roads by 2030.
In December 2021, the U.S. Department of Transportation and the U.S. Department of Energy created a new department called the Joint Office of Energy and Transportation (Office), which will support and ensure production of electric vehicle charging networks nationwide.
In February 2022, the Office announced that $5.0 billion will be made available for electric vehicle charging under the National Electric Vehicle Infrastructure (NEVI) Formula Program, which was established in the Infrastructure Investments and Jobs Act.
As of September 27, 2022, all 50 states including the District of Columbia and Puerto Rico have been approved to move forward with the construction of EV fast-charging stations covering approximately 75,000 miles of highway across the country.
The NEVI Formula funding can also be used for other projects that are directly related to charging of a vehicle, such as:
Upgrade of existing and construction of new EV charging infrastructure;
Operation and upkeep costs of EV charging stations;
Installation of on-site electrical service equipment;
Community and stakeholder engagement;
Workforce development;
EV charging station signage;
Data sharing activities; and
Mapping analysis.
Kansas EV Charging Programs and Funding
On September 16, 2022, the Kansas Department of Transportation’s Charge Up Kansas NEVI plan was approved and is set to receive $39.5 million over the course of the next five years. This program will include direct current fast chargers as well as EV charging corridors.
In Kansas, the corridors included will reside along I-70, I-35, I-135, U.S. 400 and U.S. 81 from I-70 north to the Nebraska state line.
When completed, approximately 1,600 miles of Kansas interstates and highways will have fast charging stations available for public use.
James Fisher Managing IT Analyst James.Fisher@klrd.ks.gov 785-296-6490
Kate Smeltzer Research Analyst Kate.Smeltzer@klrd.ks.gov 785-296-4407
Heather O’Hara Principal Research Analyst Heather.OHara@klrd.ks.gov 785-296-7792
Education, precision agriculture, and health care are just a few of the possibilities broadband internet enables, and a lack of connectivity can impact the economic well-being of individuals across the country.
According to the Federal Communications Commission (FCC), in 2021, 23.36 percent of rural residents lacked fixed broadband with download speeds of 25 megabits per second (mbps) and upload speeds of 3 mbps (25/3) and fourth generation wireless networks (4g) with advertised median speeds of 10/3.
Further, the FCC has acknowledged that past maps are not as granular and accurate as policymakers would like. This means the published statistics on availability could be very different and could potentially impact funding for expansion of broadband.
Broadband Maps
The current broadband availability map is created using FCC Form 477 data. This form is used to collect information on the deployment of broadband and telephone services from service providers at a census block level. If a single home in a census block is reported as being served, then the entire census block will appear as though it was served in some capacity.
The map above shows the number of fixed residential broadband providers (including cable, fiber, fixed wireless, satellite, and ADSL) in a given area of the state. It indicates that over 99.0 percent of the state is served by 3 or more providers offering speeds of at least 25/3.
In 2018, Connected Nation, a nonprofit organization, engaged with the Information Network of Kansas to develop a statewide broadband map. The data collected was more granular than FCC form 477 data, but had other issues, which include:
10 providers refused to participate; 6 providers were non-responsive; and 2 providers submitted granular data for only 1 of the services they offered.
The map is shown here:
At the time, Kansas had 88 broadband providers, and 70 submitted granular/location level data. In instances where a provider did not participate, form 477 data was used. The Connected Nation data shows 17.0 percent of Kansans do not have access to broadband internet with speeds of at least 25/3 when only relying on the provided granular data. If the supplemented Form 477 data is included, this number drops to 3.4 percent.
Changes to Federal Data Collection
In June 2022, the FCC began collecting information from broadband providers about the precise locations where their services are provided. The window to collect this more granular data closed on September 2, 2022.
On September 12, 2022, the FCC opened up a challenge period for states, tribal governments, and local governments to review the data collected. The FCC released pre-production drafts of the new National Broadband Map on November 18, 2022. The Map uses more granular, specific location-level information about broadband service.
The release of this pre-production map also starts the public challenge period. The FCC has encouraged the public to test and submit ISP speeds using the updated FCC Speed Test App.
The pre-production residential services map of Kansas indicates the state is 100.0 percent covered by providers with an advertised speed of at 25/3 or greater. If only examining providers using terrestrial technology (excludes satellite and cellular technology, but includes fixed wireless), the percentage of the state covered by 25/3 or greater is 98.8 percent (see map below). The Office of Broadband Development (Office), within the Kansas Department of Commerce has expressed concerns of the inadequacy of the pre-production map, and noted it overestimates available service.
What This Means for Broadband in Kansas
More accurate maps could help give a better idea where grant funding should be utilized to incentivize the build out broadband infrastructure. These incentives are relevant to businesses considering service in less dense areas, where it is challenging to recover the cost of establishing the service.
Lindsay Archer Research Analyst Lindsay.Archer@klrd.ks.gov 785-296-4440
Heather O’HaraPrincipal Research AnalystHeather.O’Hara@klrd.ks.gov785-296-7792
In 2021, Kansas was ranked among the top five states in total wind energy generation, with the third-largest share of electricity generated from wind power, following closely behind Iowa and South Dakota. In early 2022, the state had nearly 8,250 megawatts of installed wind generating capacity.
Wind turbines have certain safety requirements in place to ensure they can be seen at night. One requirement is the installation of red lights on turbine blades, which present as circulating red dots in the horizon.
As the number of wind turbines increase, so do the number of red lights visible in the night sky. New technologies have arisen to mitigate potential lighting concerns, such as Aircraft Detection Lighting Systems (ADLS).
ADLS
Aircraft Detection Lighting Systems, sometimes referred to as Aviation Detection Lighting Systems, are radar-based systems that prevent wind turbine lights from turning on unless an aircraft is approaching or descending toward a wind facility. With ADLS, the Federal Aviation Administration (FAA) requires lighting to be activated and flashing if an aircraft is at or below 1,000 feet above the tallest wind turbine and is approaching a 3-mile perimeter around the facility.
The Circular includes standards for turbine paint for all turbines and light color and strobe specifications for turbines at or greater than 500 feet above ground level. All vendors offering light mitigating technologies must be certified by the FAA, and every project requesting such technology must submit a request to the FAA, which evaluates each request on a turbine-by-turbine basis.
The FAA may deny the request based on factors such as proximity to military training areas, airports, or low-altitude flight routes.
As of October 2022, ADLS is the only FAA approved light mitigating technology available to wind projects.
Light Mitigating Technology in Other States
Multiple states have instituted light mitigation requirements for wind turbines in recent years, among them are Colorado and North Dakota.
Colorado
Colorado’s SB 22-110, effective August 10, 2022, applies prospectively and requires new wind-powered energy generation facilities to install light mitigating technology if vertical construction of the first turbine in the facility began on or after April 1, 2022. The bill defined technology as FAA-approved sensor-based systems that are designed to detect approaching aircraft and that deactivate when it is safe to do so.
North Dakota
North Dakota’s Public Service Commission established rules requiring turbines constructed after June 5, 2016, to have light mitigating technology. Enacted legislation soon followed in 2017 requiring every wind energy conversion facility that had been issued a certificate of site compatibility by the Commission before June 5, 2016, to be equipped with a functioning light mitigating technology system that complies with Commission rules by December 31, 2021.
Emerging Technologies
Though ADLS is the only FAA-approved light mitigating technology currently available, new technologies may soon be used more widely. Companies have emerged offering alternative technology that dims FAA-approved obstruction lighting fixtures when the prevailing visibility conditions are favorable, returning the lights to full intensity when visibility conditions lessen or deteriorate.
It is unclear whether or when this type of technology will be approved by the FAA, and, if approval is received, whether FAA standards will need to be amended to accommodate for the addition.
Shirley Morrow Principal Fiscal Analyst Shirley.Morrow@klrd.ks.gov 785-296-3542
The Kansas Board of Regents (Board) policy definition of “deferred maintenance” is annual maintenance and necessary renewal of facilities systems and components that have been postponed, delayed, or deferred, to a future budget cycle or until funds are available.
The 2020 Report on State University Building Inventory, Space Utilization, and Facilities Condition published by the Board notes that the estimated renewal costs to address deferred maintenance for mission-critical buildings is approximately $1.2 billion. The Board defines “mission critical” as those buildings that are predominately used for the academic and research mission of the state universities and the infrastructure that directly supports these buildings.
Educational Building Fund
The Educational Building Fund (EBF) was established in 1941 primarily for the construction of new buildings at state universities. The EBF receives revenue from a mill levy on all tangible property in the state that is subject to ad valorem taxation. Currently, the fund is primarily used for deferred maintenance projects at state universities. The Board calculates EBF appropriations using an adjusted square footage formula that considers the gross square footage, building age, and complexity of the physical plant.
For FY 2023, the Board transferred $41.0 million from the EBF to state universities. Allocations to the state universities can be found in the table below.
Kansas State University
$12,259,000
University of Kansas
11,016,700
University of Kansas Medical Center
4,612,500
Wichita State University
4,501,800
Fort Hays State University
3,107,800
Pittsburg State University
3,025,800
Emporia State University
2,476,400
Total
$41,000,000
Kansas Board of Regents Policy
The Board approved a new policy in June 2021 for university building maintenance. Beginning in FY 2023, and each year thereafter, each university must calculate a maintenance assessment as a percentage of the professionally estimated replacement cost of mission critical buildings according to an assessment schedule, culminating in a sustainable 2.0 percent of current replacement value as approved by the Board on an annual basis.
Utilizing each university’s Deferred Maintenance Projects Fund, expenditures must be itemized using a standard template for the Board’s review annually.
Each state university must identify and expend campus funds (excluding EBF allocations) annually for the purpose of addressing annual maintenance according to a prioritized assessment plan reviewed by the Board.
Funding for the maintenance assessment may include contributions from university, state, federal, and philanthropic sources.
It is the stated intent of the Board to use the 2.0 percent of current replacement value funds to annually maintain the buildings in proper working order and focus the use of the Educational Building Funds on strategic projects to reduce the backlog of deferred maintenance. The Board voted to allow the universities a six-year escalator to ultimately arrive at the 2.0 percent current replacement value.
2022 Legislative Action
House Sub. for Sub. for SB 267 (2022) appropriated $35.0 million from the State General Fund (SGF) to the Board for the state universities facilities capital renewal initiative in FY 2023.
Specifically, expenditures must be made for non-recurring commitments for the purpose of increasing annual investment in deferred maintenance to eliminate the backlog and adequately maintain state education institution campuses.
Additionally, all projects using these funds require a $1-to-$1 match from either the state education institution or private moneys.
The Board approved the allocation of the funds according to the adjusted square footage formula used by the Board since 2007 to allocate EBF dollars, reflected below:
Kansas State University
$10,465,000
University of Kansas
9,404,500
University of Kansas Medical Center
3,937,500
Wichita State University
3,843,000
Fort Hays State University
2,653,000
Pittsburg State University
2,583,000
Emporia State University
2,114,000
Total
$35,000,000
House Sub. for Sub. for SB 267 also appropriated $10.0 million SGF for the demolition of buildings. These funds may only be used for the demolition or razing of buildings on postsecondary educational institutions and must be expended by the end of FY 2025. Of the $10.0 million, $750,000 is allocated for Washburn University.
At the time of publication of this article, the Board has approved $9.0 million of projects from the fund. The division of approved funds by state universities can be found in the table below.
The Kansas Department of Commerce provides a variety of workforce development programs.
KANSASWORKS
KANSASWORKS is the state’s public workforce assistance system, and it is designed to:
Help Kansans searching for job opportunities;
Help Kansans improve job skills; and
Help employers attract, recruit, and retain employees.
Workforce Centers
There are 26 workforce centers located throughout the state and 2 mobile workforce centers. Workforce centers provide services to both job seekers and employers. The centers assist job seekers by helping create resumes and conduct job searches, providing assistance with interviewing and evaluating job offers, and providing workshops to improve job skills.
Services for employers include recruiting, screening and referring applicants, providing a location to host job fairs, and highlighting opportunities available at the employer’s business.
Mobile workforce centers provide services in regions of the state that lack a permanent workforce center or face unusually high demand for workforce center assistance due to mass layoffs, business closures, natural disasters, or demographic shifts. Services offered are similar to those at permanent workforce center locations and feature computer labs and internet access.
On-the-job Training
The KANSASWORKS On-the-job Training (OJT) program aims to support local businesses that need to train and retrain skilled workers. The OJT program provides a pathway for job seekers to earn wages while learning new job skills and begin new careers. The OJT program also provides employers funds to offset up to 50.0 percent of training costs.
My Reemployment Plan
The Legislature passed Senate Sub. for Sub. for HB 2196 (2021), which implemented the My Reemployment Plan (MRP) program. Claimants who receive three weeks of unemployment payments become part of MRP. These claimants must create or upload their resume and create a job search plan in KANSASWORKS within 14 days of receiving notice of MRP eligibility. Claimants who don’t fulfill the two requirements and who are not exempt from MRP will be denied unemployment benefits until such requirements are completed.
Registered Apprenticeship
The Office of Registered Apprenticeship (Office) within the Department of Commerce is designed to support apprenticeships across multiple industries that will benefit employers and job seekers by incorporating on-the-job learning, technical instruction, mentorship, and long-term employment opportunities. As of September 1, 2022, Kansas has 212 recognized apprenticeship programs with around 3,500 apprentices.
The 2022 Legislature added $500,000 from the Economic Development Initiatives Fund for the Registered Apprenticeship Program for FY 2023.
Workforce Development and Education
Kansas Promise Scholarship
HB 2064 (2021) established the Kansas Promise Scholarship Act, which provides scholarships for Kansas residents to attend Kansas community colleges and Kansas technical colleges to study:
Information technology and security;
Physical and mental health care;
Early childhood education and development;
Advanced manufacturing and building trades; or
Courses designated by the institution as Promise eligible and in the areas of agriculture; food and natural resources; education and training; law, public safety, corrections, and security; or distribution and logistics.
The amount of a student’s scholarship for each semester is the aggregate of the amount of tuition and related fees or costs of the institution minus the aggregate amount of all other aid awarded to the student. The scholarship may be used for up to a total of 68 credit hours or $20,000, whichever occurs first, per student lifetime.
Other Tuition Assistance Programs
State funding is also used for the Accelerating Opportunity: Kansas (AO-K) program and Career and Technical Education (CTE).
The AO-K program delivers career and technical education simultaneously with adult basic skills instruction. Students participating in the AO-K program complete short-term certificate programs aligned with labor market needs, leading to industry-endorsed credentials and job opportunities.
The CTE program pays the tuition of high school students taking approved technical courses offered by Kansas technical and community colleges.
WERX at Wichita State University
Get to WERX is a three-year program at Wichita State University (WSU). Students have the opportunity for full-time, paid employment with the National Institute for Aviation Research (NIAR) WERX program while completing WSU Tech’s Aviation Maintenance Technology program and earning credits towards a Bachelor of Applied Sciences in Organizational Leadership and Learning at WSU. Students who complete the program and maintain employment with NIAR WERX are eligible for tuition reimbursement. There is an employment commitment of five years.
Workforce Aligned with Industry Demand (AID)
The Kansas Department of Commerce and Kansas Board of Regents developed Workforce AID to address skills gaps currently challenging companies across the state. Through the Workforce AID program, employers are able to define what skills and credentials their employees need to be successful. Then, training providers, like community colleges, create curriculum designed to deliver those necessary skills and credentials.
This publication contains briefs on timely topics that may be relevant during the current Legislative Session. Previous Briefing Book articles and more in-depth resources and memoranda continue to be updated with the latest information and are available on the Kansas Legislative Research Department website.
For this and future editions, the Briefing Book has been redesigned and refocused to be a more concise and useful resource for legislators. Articles have a standard length of two pages to efficiently convey the most important points about each topic, and more graphics are included to illustrate large amounts of data in a concise format. The topics covered are also especially topical and timely in nature; previous Briefing Book articles that provided introductory overviews of broader government topics have been moved to the KLRD website.
The goal of these changes is to provide a publication that is compact, easy to read, and relevant to even the most veteran lawmakers as a new session begins in the Statehouse.
Cover: Stearman by Coy Avon Seward, 1930. Used with permission from Spencer Museum of Art, University of Kansas, Gift of Charles L. Stansifer in memory of his wife Mary Ellen Love Stansifer and her father Clarence M. Love, 2002.0170.
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 2022 Legislature for state fiscal year 2023 (July 1, 2022-June 30, 2023). Comparison information to prior years is also included.
FY 2022 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 2022 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 2022 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.
Advertising and Sale of Raw Milk Products; Certificate of Veterinarian Inspection
SB 346 allows the on-farm retail sale of unpasteurized raw milk products and regulates the labeling and advertising of such products. The bill allows the Secretary of Agriculture to declare an imminent health hazard when necessary to protect the public health and to assess a civil penalty for certain violations. The bill also authorizes the imposition of civil penalties for failing to have a certificate of veterinarian inspection when transporting animals into the state.
Kids Lifetime Hunting and Fishing Licenses
HB 2456 requires the Secretary of Wildlife and Parks to make available a kids lifetime combination hunting and fishing license for Kansas residents up to seven years of age. The license is available for children age five and under upon payment of a fee that will not exceed $300, and for six- and seven-year-olds upon payment of a fee that will not exceed $500.
Kansas Cotton Boll Weevil Act
HB 2559, among other things, establishes the Kansas Cotton Boll Weevil Act and creates the Kansas Cotton Boll Weevil Program. The bill creates and authorizes a board to administer and implement the Program. The bill allows the board to authorize the development and implementation of a boll weevil eradication plan with the Secretary of Agriculture.
Veterinary Training Program for Rural Kansas
HB 2605 expands and clarifies the requirements for the Veterinary Training Program for Rural Kansas at Kansas State University College of Veterinary Medicine and creates an advisory committee to oversee the Program. The bill increases the loans provided to students to $25,000 per year and allows veterinary students who are past their first year of study to enter into the Program.
The bill changes the requirements for engaging in full-time practice of veterinary medicine after graduation, by allowing such practice in any Kansas county with a population not exceeding 40,000 people, or in a registered veterinary premise under a licensed veterinarian if food animal patients make up at least 50 percent of the practice.
Sale and Consumption of Liquor and Cereal Malt Beverage
SB 2 amends various provisions in the Kansas Liquor Control Act (KLCA) and the Club and Drinking Establishment Act concerning the sale and consumption of alcoholic liquor and cereal malt beverage (CMB).
The bill allows the consumption of alcoholic liquor served by a temporary permit holder on the Kansas State Fairgrounds within a marked barrier.
The bill also amends the KLCA to specify that a licensed liquor retailer may sell and deliver liquor and CMB to licensees located in the same county, an adjacent county, or another nearby county as defined by the bill.
Additionally, the bill requires the board of county commissioners, the governing body of the city, or the Director of Alcoholic Beverage Control to issue a CMB retailer’s license to a licensee who has already been issued a farm winery license and satisfies the requirements for such CMB retailer’s license.
SB 150 specifies that certain legal advertising practices and the use of protected health information to solicit individuals for legal services constitute unlawful and deceptive trade practices under the Kansas Consumer Protection Act (KCPA) and are subject to the penalties provided for in the KCPA.
APEX Act
House Sub. for SB 347 enacts the Attracting Powerful Economic Expansion (APEX) Act, which provides incentives to firms that invest at least $1.0 billion in Kansas, and their suppliers.
Qualified firms, which are required to enter into an agreement with the Secretary of Commerce, would be eligible for a refundable investment tax credit up to 15 percent of the qualified investment, reimbursement of up to 10 percent of total payroll cost for up to 10 years, reimbursement of up to 50 percent of employee training and relocation expenses, and a sales tax exemption for construction of certain business facilities.
Qualified suppliers would be eligible for a refundable investment tax credit up to 10 percent of up to $100 million of investment, partial retention of employee withholding tax for up to 10 years, reimbursement of up to 50 percent of employee training and relocation expenses, and a sales tax exemption for construction of certain business facilities.
The Secretary is permitted to enter into one APEX agreement in both 2022 and 2023. Each APEX agreement entered into would lower the statewide corporation income tax rate by 0.5 percent. All agreements made under this act must be approved by the State Finance Council.
Kansas Targeted Employment Act; My Reemployment Plan
HB 2703 creates the Kansas Targeted Employment Act and amends law related to the My Reemployment Plan Program (Program), among other provisions.
The Act establishes a tax credit for businesses that employ individuals who are Kansas residents with developmental disabilities.
The bill also requires unemployment compensation claimants who claim three or more weeks of benefits in a year to participate in the Program, instead of only those claiming three continuous weeks of benefits. Among other amendments to the Program, the bill creates exemptions to the requirement.
HCR 5014 sends to the voters of Kansas a constitutional amendment to authorize the Legislature to revoke or suspend an administrative rule and regulation of the Executive Branch with a majority vote of the House and the Senate. The amendment will appear on the November 2022 ballot or on the ballot of a special election called before then.
Election of County Sheriffs
HCR 5022 sends to the voters of Kansas a constitutional amendment to require the election of a county sheriff, for a term of four years, in counties that had not abolished the office of sheriff before January 11, 2022.
Temporary Licensing for Adult Care Homes and Health Care Professionals
HB 2477 creates and amends law to temporarily adjust requirements related to adult care homes and health care professionals in response to the COVID-19 pandemic. The bill’s provisions will expire January 20, 2023.
Adult Care Homes. The bill authorizes the Kansas Department for Aging and Disability Services (KDADS) to issue temporary credentials to certain persons working in adult care homes whose credentials have lapsed, subject to conditions specified by the bill. The bill also allows KDADS to issue temporary authorization for persons not previously credentialed to work in adult care homes in certain limited circumstances.
The bill also allows an adult care home to temporarily suspend certain requirements related to the physical environment of such home when it submits a plan for isolation and cohorting of residents in response to COVID-19.
Health Care Professionals. The bill allows out-of-state health care professionals to practice in Kansas without a license if certain conditions are met and relaxes several licensing requirements for Kansas health care professionals in order to provide additional services.
Senate Sub. for HB 2138 amends and creates law pertaining to elections and voting rights.
Affidavit System. The bill requires the Secretary of State (Secretary), in consultation with county election officers, to develop an affidavit system for the transfer of ballots. Altering or providing false information in an affidavit with the intent to hinder, prevent, or defeat a fair election constitutes a severity level 9 nonperson felony under the bill.
Elections Audits. The bill creates an election audit procedure to be conducted by the Secretary in the calendar year following the general election of an even-numbered year. The bill also requires a manual audit or tally of each vote cast in an election in ten percent of all precincts, or a minimum of one precinct, in any even-numbered year federal, statewide, or state legislative race where the margin of victory is within one percent.
Watermarks. The bill requires all voting systems in Kansas to use a paper ballot with a distinctive watermark, as established by the Secretary, for elections on and after January 1, 2024. The bill prohibits the use of poll books not requiring a hand-written signature.
Confirmation Notices. The bill allows a county election officer to remove a registered voter from the registration list if such registrant has had no election-related activity for any four-calendar-year period and the confirmation notice sent by the county election officer is returned as undeliverable.
Election Results—State Board of Canvassers. The bill requires each county election officer to provide precinct-level election results electronically in a machine-readable format for all federal offices, statewide offices, legislative offices, and local offices no later than 30 days after the final canvass of general election results. Electronic Poll Books. The bill permits a board of county commissioners and county election officer to provide electronic poll books (as certified by the Secretary) to be used at voting places or for advance voting.
Electronic Voting Systems and Equipment. The bill requires that any electronic voting system or optical scanning equipment approved by the Secretary must not have the capability of connecting to the internet or any other communications or computer network.
Testing of Voting Equipment. The bill requires testing of automatic tabulating equipment and optical scanning equipment within five business days after the completion of the canvass.
House Sub. for SB 91 transfers the liability for certain claims arising from a secondary student engaged in a work-based learning program from the business hosting the program to the school where the secondary student attends.
Computer Science and Career Technical Education
Sub. for HB 2466 requires the Kansas State Department of Education to conduct a survey regarding career and technical education (CTE) courses currently offered in public high schools and to establish a CTE pilot program to target high school students with documented accommodations who are not enrolled in a gifted program.
Omnibus Education Bill
Senate Sub. for HB 2567 makes appropriations for the Kansas Department of Education (KSDE) for fiscal years 2022, 2023, and 2024. [Note: This funding is included in the budget description on page 8.]
The bill also establishes the Every Child Can Read Act, which promotes third-grade literacy initiatives; authorizes school districts to allow students enrolled in grades 6 through 12 to earn course credits through alternative educational opportunities; and establishes a transfer system for nonresident students between unified school districts based upon the available capacity of each unified school district.
Among other provisions, the bill expands a tuition reimbursement program for spouses and dependents of first responders and active duty military service members and renames it the Kansas Hero’s Scholarship Act.
House Sub. for SB 28 requires licensure of pharmacy benefits managers (PBMs) with the Commissioner of Insurance and amends registration requirements of PBMs. The bill places new licensure, administrative, and enforcement criteria on PBMs and also amends provisions pertaining to maximum allowable cost (MAC) pricing and the appeals process.
The bill requires PBMs to create a reasonable appeal procedure to allow a pharmacy or its contracting agent to challenge MAC for a specific drug. On and after January 1, 2023, a person may not perform, act, or do business in Kansas as a PBM unless the person has a valid license issued by the Commissioner.
The 2022 Legislature passed two bills amending the TEFFI Act (Act) and one bill amending the Insurance Code.
SB 337 amends pilot program criteria within the Act to clarify and retroactively codify the intended date of December 31, 2021, for the issuance of a full charter to the Beneficient Company.
HB 2489 makes several amendments to the Act, pertaining to definitions, fingerprinting requirements, application fees, examinations, customer disclosures, and services and authorized activities. The bill also adds fiduciary financial institutions to the statutory list of mandatory reporters of elder abuse.
HB 2547 amends and enacts law supplemental to the Captive Insurance Act to allow a TEFFI insurance company to operate as an authorized captive insurance company in Kansas.
PANS and PANDAS Coverage and Reporting
HB 2110 requires, for the next State Employee Health Plan (SEHP) coverage year (Plan Year 2023), the State Employees Health Care Commission to provide coverage for the diagnosis and prescribed treatment for pediatric acute-onset neuropsychiatric syndrome (PANS) and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS).
The Health Care Commission must submit a report to the Legislature by March 1, 2024, concerning the impact of this coverage on the SEHP , including data on the utilization of coverage and a recommendation whether such coverage should continue.
Changes to ABLE Savings Program
HB 2490 amends law governing the Achieving a Better Life Experience (ABLE) Savings Program to make the program compliant with the federal tax code and related regulations by applying the code’s definition of an eligible individual.
The bill further specifies that individuals with qualified ABLE accounts will obtain federal and state income tax benefits related to such accounts.
Mortgage Business at Remote Locations
HB 2568, among other things, updates licensing requirements in the Kansas Mortgage Business Act to allow mortgage business to be conducted at a remote location if certain conditions are met regarding location; storage of records; written policies and procedures; information technology; security, encryption, and device management; protection of confidential information; and annual review and certification requirements.
House Sub. for Sub. for SB 84 authorizes sports wagering overseen by the Kansas Lottery for individuals 21 years of age and over.
The bill authorizes sports wagering through state-contracted casinos and at designated sports facilities in Wyandotte County that have contracted with a state-contracted casino. Casinos may accept wagers in-person and through mobile applications. Patrons utilizing a mobile application must be physically present in the state. Casinos will pay the State ten percent of sports wagering revenues after taxes, free plays, and prizes are paid.
The bill requires, upon request, the State to negotiate the creation or modification of gaming compacts between the State and federally recognized Indian tribes to authorize sports wagering to be conducted by such tribes.
Casinos are required to maintain certain records of all wagers placed, including personally identifiable information of the person placing the wager, but persons could opt-out of collection of such information for purposes other than placing a wager or being paid a prize. Patrons are able to self-exclude themselves from placing wagers.
The bill also provides additional funding to the Problem Gambling and Addictions Grant Fund, and amends the purpose of the fund to specify moneys must be used to fund, among other things, a helpline and treatment for pathological gambling and other addictive or co-occurring behavioral health disorders.
The bill creates the Attracting Professional Sports to Kansas Fund, which could be used to benefit a professional sports team through construction of a sports facility in Kansas. The bill also creates the White Collar Crime Fund for investigation of criminal offenses involving wagers and financial or economic crime involving unauthorized gambling.
The bill authorizes wagering on historical horse races through up to 1,000 historical horse race machines approved by the Kansas Racing and Gaming Commission.
House Sub. for SB 19 creates the Living, Investing in Values, and Ending Suicide (LIVES) Act and implements the established 988 Suicide Prevention and Mental Health Crisis Hotline (Hotline) in Kansas.
The bill requires the Kansas Department for Aging and Disability Services to designate a hotline center or network to provide crisis intervention services and care coordination to individuals accessing the Hotline 24 hours per day, 7 days per week.
The bill also requires an annual transfer of $10.0 million from the State General Fund to a fund designated for the purposes of the Hotline.
Licensure and Scope of Practice
Pharmacists
SB 200 expands a pharmacist’s scope of practice to include point-of-care testing for and treatment of influenza, streptococcal pharyngitis, or urinary tract infection, within the framework of new statewide protocols adopted by the state Collaborative Drug Therapy Management Advisory Committee. The bill also makes changes to information submitted, access and storage of data, and membership on the K-TRACS Advisory Committee in the Prescription Monitoring Program Act.
Threading
SB 348 exempts certain threading methods from the definition of cosmetology in law related to the licensure of cosmetologists and describes those items allowed and disallowed in the use of threading.
To be exempted from the practice of cosmetology, an individual engaged in threading is required to complete a self-test developed by the Secretary of Health and Environment and keep the related informational brochure and completed self-test at the location where the individual is threading.
Occupational Therapists
SB 440 authorizes occupational therapists (OTs) to evaluate and initiate occupational therapy treatment on a patient without referral from a health care practitioner. The bill also creates conditions under which an OT is required to obtain a referral from an appropriate health care practitioner to continue treating a patient. As a condition of rendering professional occupational therapy services, the bill requires licensed OTs actively practicing in the state to maintain professional liability insurance coverage at a minimum level of coverage determined by the Kansas State Board of Healing Arts through rules and regulations.
Certified Nurse Aide Training
SB 453 clarifies that the first 40 hours of training in basic resident care skills required by the Secretary of Health and Environment (Secretary) for unlicensed employees working in adult care homes, who provide direct, individual care to residents, and who do not administer medication to residents, are part of an approved certified nurse aide (CNA) training course required by the Secretary.
Under the bill, such unlicensed employees who are not making progress toward completion of the CNA training required by the Secretary within four months following completion of the first 40 hours of CNA training are prohibited from providing direct, individual care to residents.
Advanced Practice Registered Nurses
Senate Sub. for HB 2279 amends provisions in the Kansas Nurse Practice Act governing the licensure of advanced practice registered nurses (APRNs) to, among other things, allow an APRN to prescribe drugs without a written protocol as authorized by a responsible physician, require an APRN to maintain malpractice insurance, and require national certification for initial licensure as an APRN.
Rural Housing and Child Day Care Services Tax Credits
HB 2237 creates and amends law regarding rural housing and establishes a child day care services tax credit.
Housing Investor Tax Credit and Affordable Housing Tax Credit.
The bill enacts the Kansas Housing Investor Tax Credit Act, authorizing the Director of the Kansas Housing Resources Corporation (KHRC) to issue tax credits to qualified investors who make cash investments in qualified housing projects in rural areas, as defined by the bill.
The bill also establishes the Kansas Affordable Housing Tax Credit Act, which provides income, privilege, and premium tax credits for qualified low-income housing projects. Older Structures Tax Credit and Rural Housing Incentive. The bill creates the Historic Kansas Act, which modifies and establishes tax credits for commercial structures that are at least 50 years old and not receiving the continuing Historic Structures Tax Credit.
The bill also amends the Kansas Rural Housing Incentive District Act to expand the use of funds to include residential renovation of buildings more than 25 years old in economically distressed urban areas.
Rural Home Loan Guarantee and Appraisal Authority. The bill enacts the Kansas Rural Home Loan Guarantee Act, authorizing the KHRC to enter into agreements with financial institutions to provide loan guarantees against risk of default for rural housing loans. Construction and renovation loans for single-family homes in rural counties are among the loan transactions eligible for a guarantee under the Act.
The bill also authorizes appraisers to exclude the sales comparison approach in rural county mortgage financing appraisals for unique properties without available comparable sales within 30 miles of the property.
Child Day Care Services Tax Credit. The bill allows any income or privilege taxpayer to claim the child day care services tax credit for 50 percent of expenditures paid to a child care organization beginning in tax year 2021.
SB 343 prohibits blindness from being a determinant factor for denial or restriction of legal custody, residency, or parenting time when it is determined to otherwise be in the best interest of a child. The bill also replaces statutory references to “hearing impairment” and similar terms with “heard of hearing,” “hearing loss,” or “deaf.”
Offender Registration Relief and Convictions
SB 366 creates a mechanism for certain drug offenders to seek relief from registration under the Kansas Offender Registration Act (KORA). The bill outlines requirements for the petition seeking relief including notification to any living victims of the offense requiring registration, and allows the court to require a risk assessment of the registrant. Other requirements for relief for the registrant include no felonies committed within five years of filing the petition, demonstrable rehabilitation, and no risk to public safety. Successful petitioners are removed from the KORA and the Kansas Bureau of Investigation (KBI) website and allowed to petition for expungement.
The bill also amends the definition of “sex offender” in the KORA to include adults convicted of breach of privacy for secretly and without consent, photographing, filming, or disseminating photos or videos of someone in a state of undress when they have a reasonable expectation of privacy. Those convicted of breach of privacy under the law must register under the KORA for 15 years.
Mail Theft
SB 408, among other provisions, amends the definition of the crime of theft to make theft of mail with a value less than $1,500 from three separate locations within a period of 72 hours a level 9 nonperson felony.
Sexual Assault and Abuse Evidence Collection
HB 2228 requires, before January 31, 2023, law enforcement agencies to adopt and implement policies to ensure the submission of sexual assault evidence kits to an accredited forensics laboratory within 30 business days of collection. The bill clarifies that any kits not released to a law enforcement agency must be sent to the KBI, and increases the period for which such kits must be retained by the KBI from 5 years to 20 years.
Specialty Courts
Senate Sub. for HB 2361, among other things, allows the chief judge of a judicial district to establish a specialty court program in accordance with rules adopted by the Kansas Supreme Court. “Specialty court” is defined as a district court program that uses therapeutic or problem-solving procedures to address underlying factors that may be contributing to a person’s involvement in the judicial system.
Driving Under the Influence
HB 2377 creates and amends law related to driving under the influence (DUI).
Ignition Interlock Devices (IIDs). The bill allows a person whose license is restricted to operating only a vehicle with an IID to request reinstatement of the person’s driver’s license, removes a 90-day waiting period after suspension of driving privileges to apply for the IID program, and adds a requirement that the person must have no more than two standard violations and no serious violation in the last 90 days prior to reinstatement.
Penalties for DUI and Commercial DUI. The bill removes a minimum imprisonment or public service hours requirement for a first conviction of DUI, reorganizes and clarifies minimum confinement requirements for a second conviction, and increases the penalties for a third conviction if the person has a prior conviction within the preceding 10 years and for a fourth or subsequent conviction of DUI to a severity level 6 nonperson felony and sets the minimum period of confinement as 30 days. Penalties and confinement periods for commercial DUI are similar.
Commercial Driver’s Licenses. The bill clarifies terms of lifetime disqualification from driving a commercial vehicle, and provides a review mechanism for disqualifying incidents occurring prior to July 1, 2003. If found eligible for restoration, a person must complete the written and driving skills examinations before a commercial driver’s license (CDL) is issued.
Diversions. The bill specifies city and county or district attorneys may not enter into a diversion agreement on a traffic citation if the defendant was a CDL holder at the time of the violation or any subsequent time prior to being considered for diversion and prohibits a prosecuting attorney from taking an action that prevents a commercial learner’s permit or CDL holder’s conviction from appearing on the Commercial Driver’s License Information System.
Surveillance; Search Warrants; CINC Information Disclosure
Senate Sub. for HB 2495 creates and amends law related to law enforcement.
Surveillance by KDWP Employees. The bill prohibits Kansas Department of Wildlife and Parks (KDWP) employees who are authorized to enforce the laws of the State from conducting surveillance on private property unless the purpose of such surveillance is to locate and retrieve a missing person or otherwise authorized as specified by the bill. Search Warrant Time Limitations. The bill extends the time period within which a search warrant must be executed after it is issued from 96 hours to 240 hours.
Disclosure of CINC Information to Law Enforcement Agencies. The bill requires the Secretary for Children and Families to disclose confidential agency records (including certain specified records) of a child alleged or adjudicated to be a child in need of care (CINC) to the law enforcement agency investigating the alleged or substantiated report or investigation of abuse or neglect, regardless of the disposition of such report or investigation.
Witness Testimony; Competency Proceedings and Commitment
HB 2508, among other provisions, amends law in the Kansas Criminal Code concerning witness testimony at preliminary examinations and law concerning competency proceedings and commitment of certain persons.
The bill allows the defendant and the State to present witness testimony through a two-way electronic audio-video communication device at a preliminary examination. The bill also 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.
Sub. for SB 355, map name Ad Astra 2, creates new districts from which Kansas’ four members of the U.S. House of Representatives are elected; see map, below. [Note: On May 18, 2022, the Kansas Supreme Court reversed a decision from the Wyandotte County District Court that would have blocked elections from being held under the map.]
Ad Astra 2 Congressional Districts
Congressional Districts as specified in Ad Astra 2.
State Legislative and State Board of Education Maps
Sub. for SB 563 creates state legislative and State Board of Education maps. State House of Representatives districts are created under provisions from map Freestate 3F. State Senate districts are created under provisions from map Liberty 3. State Board of Education districts are created under provisions from map Apple 7 with each of the ten districts containing four senatorial districts established by the Liberty 3 map.
Sign Language Interpreters and School Vision Screenings
SB 62 authorizes the Kansas Commission for the Deaf and Hard of Hearing to establish a sign language interpreter registration process, and provide guidelines for communication access services, and adopt related rules and regulations. The bill also amends standards for free school-administered vision screenings and establishes the Kansas Children’s Vision Health and School Readiness Commission.
Food Assistance Work Requirements
Senate Sub. for HB 2448 requires the Department for Children and Families to assign all able-bodied adults without dependents (ABAWDs) aged 18 through 49 who are not employed at least 30 hours per week and subject to federal food assistance work requirements to an employment and training program.
House Sub. for Sub. for SB 267 (Mega Bill), HB 2510 (Omnibus Bill), and Senate Sub. for HB 2567 (Education Budget Bill) include adjusted funding for fiscal year (FY) 2022 and funding for FY 2023 for all state agencies. SB 267 also includes various claims against the State.
Included in the FY 2022 Budget:
The FY 2022 revised budget totals $22.4 billion, including $8.5 billion from the State General Fund (SGF). The approved budget is an all funds increase of $567.5 million, or 2.6 percent, and an SGF increase of $1.2 billion, or 17.1 percent, above the FY 2021 actual expenditures. The approved budget includes full-time equivalent (FTE) positions totaling 41,355.1.
Major adjustments include:
Human Services. Deletes $625.2 million and adds $370.4 million SGF, for the human services function above the FY 2021 actuals.
Caseloads. Adds $329.2 million, including $140.3 million SGF for human services caseloads above the FY 2021 actual expenditures.
Kansas Department of Labor. Deletes $1.7 billion mainly in state and federal unemployment assistance.
Public Safety. Adds $167.6 million, including $113.8 million SGF.
Department of Corrections. Adds $21.1 million SGF to restore the Evidence Based Initiatives Program, and $18.3 million in federal American Rescue Plan Act (ARPA) moneys for the 24/7 pay plan.
Kansas Bureau of Investigation. Adds $41.5 million SGF for the early payoff of bonds related to the Forensic Science Laboratory. General Government. Deletes $625.2 million and adds $407.1 million SGF above the FY 2021 actuals. The majority of the reduction is in the Office of the Governor and the Department of Commerce for federal pandemic assistance.
Department of Administration. Adds $332.2 million SGF for the early payoff of bonds.
Judicial Branch. Adds $10.6 million, including $27.5 million SGF, for previously approved salary adjustments and additional court service officer positions.
Department of Commerce. Adds $20.0 million SGF for the Moderate Income Housing Program.
Education. Adds $742.7 million, including $275.1 million SGF, above the FY 2021 actuals.
Regents and Universities. Adds $321.2 million, including $80.4 million SGF, above the FY 2021 actuals. The all funds increase includes $48.1 million in research, $56.4 million in student financial assistance and student aid, $162.2 million in operations, and $26.0 million in capital improvements. The SGF increase includes restoration of the Governor’s 2020 allotment.
Department of Education. Adds $418.4 million, including $194.6 million SGF, above the FY 2021 actuals. The increase is attributable to federal pandemic assistance and previously approved increases in state aid and assistance.
Transportation. Adds $280.2 million, all from special revenue funds, above the FY 2021 actuals. The increase is in new construction projects, partially offset by a reduction in federal funding.
SGF Transfers. Transfers $750.0 million from the SGF to the Budget Stabilization Fund in FY 2022.
Included in the FY 2023 Budget:
The FY 2023 budget totals $22.9 billion, including $9.2 billion SGF. The budget is an all funds increase of $542.7 million, or 2.4 percent, and an SGF increase of $666.5 million, or 7.8 percent, above the FY 2022 approved budget. The FY 2023 approved budget includes 41,739.4 FTE positions.
Major adjustments include:
Human Services. Adds $272.4 million, including $438.7 million SGF, for the human services function for FY 2023.
Caseloads. Adds $221.5 million, including $61.3 million SGF, for human services caseloads.
Kansas Department for Aging and Disability Services. Major adjustments include:
Adds $122.2 million, including $48.9 million SGF, to provide a 25.0 percent reimbursement rate increase in the home and community based services intellectual and developmental disability (I/DD) waiver; and
Adds $89.6 million, including $27.3 million SGF, to provide for a full rebase of the nursing facility daily Medicaid rate for FY 2023.
Kansas Department for Health and Environment. Adds $10.5 million, including $4.2 million SGF, to extend postpartum Medicaid coverage to 12 months.
Kansas Commission on Veteran’s Affairs. Adds $17.2 million SGF for updated debt service estimates on a new veterans’ home.
Public Safety. Deletes $102.3 million, and adds $4.8 million SGF for FY 2023. The reduction is driven by reduced pandemic assistance funding and the one- time capital improvement expenditures.
Adjutant General. Adds $18.1 million for Hays Armory.
General Government. Adds $133.8 million, and deletes $267.2 million SGF, for FY 2023. The reduction in SGF expenditures is predominantly attributable to one-time debt retirement expenditures in the Department of Administration in FY 2021.
Office of the Governor. Adds $392.8 million, including $19.9 million SGF;
Adds $75.0 million from federal ARPA funds for grants for the Board of Regents, requiring a 3:1 match;
Adds $50.0 million from federal ARPA funds for business closure rebates;
Adds $25.8 million, all from federal ARPA funds for State Universities, Community Colleges, and technical schools; and
Adds $35.6 million, including $34.6 million from federal ARPA funds, for other housing and economic development projects.
Judicial Branch. Adds $12.2 million, including $27.6 million SGF, to add 58.0 new judge and staff positions, enhance salaries, and swap the judicial branch surcharge and other fee revenue for SGF moneys, as authorized by HB 2541.
Education. Adds $501.8 million, including $473.2 million SGF, for FY 2023. Regents and Universities. Deletes $32.3 million, and adds $117.2 million SGF including, $72.7 million SGF in other financial aid and capital improvements assistance.
Department of Education. Adds $536.4 million, including $354.9 million SGF including: Adds $199.6 million SGF to eliminate the delayed school payment; and Adds $128.1 million, including $107.7 million SGF, to reflect school finance increases.
Agriculture. Deletes $121.7 million, including $32.9 million SGF, for FY 2023. The reduction is mainly attributable to one-time expenditures in the Kansas Water Office for water reservoir debt and pandemic assistance in KDHE. The decreases are partially offset by the addition of $14.6 million SGF for capital improvements for the Kansas State Fair.
Transportation. Deletes $33.5 million, all from special revenue funds, for FY 2023. The reductions are predominantly attributable to a reduction in federal grants and other assistance.
State Employee Pay. Adds $138.6 million, including $49.9 million SGF, for a 5.0 percent salary adjustment for most state employees.
Terminating the Securities Act Fee Fund Transfer to the State General Fund
SB 392 amends and repeals provisions in the Kansas Uniform Securities Act that require a transfer of unencumbered funds in excess of $50,000 to the State General Fund from the Securities Act Fee Fund of the Kansas Insurance Department on the last day of each fiscal year.
State General Fund Transfer to KPERS
Trust Fund
SB 421 transfers $1.125 billion from the State General Fund (SGF) directly to the Kansas Public Employees Retirement System (KPERS) Trust Fund. The first $253.9 million SGF will pay off outstanding accounts receivable for KPERS-School employer contributions withheld in FY 2017 and FY 2019, and the remainder will be applied to the KPERS-School unfunded actuarial liability.
The funds transfer in two installments each in FY 2022 and FY 2023. The FY 2023 installments are subject to State Finance Council approval, but not modification.
HB 2087 amends law related to the review of administrative rules and regulations.
Economic Impact Statements. The bill amends requirements for economic impact statements to require review of such statement by the Director of the Budget only if the total implementation costs are estimated to be more than $1.0 million over two years through June 30, 2024, or more than $3.0 million over two years on and after July 1, 2024. Such review must occur before a rule and regulation is approved for its public hearing and subsequent adoption.
Agency Reporting. The bill requires agencies report to the Joint Committee on Administrative Rules and Regulations a summary of the agency’s review and evaluation of its adopted rules and regulations and a judgment of whether each is necessary or may be revoked.
The reports will be due by July 15 of the year specified for the agency in the bill and every fifth year thereafter.
KanCare Contracts; Governor’s Powers Under Kansas Emergency Management Act (KEMA)
HB 2387 prohibits any state agency, including the Governor, on or before January 31, 2023, from issuing a request for proposal or entering into any new contract with managed care organizations for the administration and provision of benefits under the medical assistance program (KanCare).
Except as prohibited by federal law, the bill requires the Secretary of Health and Environment to continue to administer medical assistance benefits using managed care entities.
The bill also removes the Governor’s power or authority under KEMA or any other law to prohibit attending or conducting any religious service or worship service in a church, synagogue, or place of worship.
Municipal Limitations on Law Enforcement Cooperation; Municipal ID Cards
HB 2717, among other provisions, prohibits municipalities from enacting, implementing, or enforcing ordinances, resolutions, rules, or policies that limit the ability of law enforcement officers, local officials, or local government employees from maintaining and exchanging information with federal officials regarding a person’s citizenship or immigration status.
The bill prohibits municipalities from limiting or restricting the enforcement of federal immigration laws. The bill also prohibits the use of municipal identification cards to satisfy state proof of identity requirements, including voter identification.
The bill authorizes the Attorney General, county attorney, or district attorney to bring a court action to compel a municipality or person to comply with the bill’s provisions.
HB 2106 eliminates the state sales and compensating use tax on food and food ingredients by January 1, 2025, through a series of annual reductions. Beginning January 1, 2023, the rate will be reduced from 6.5 to 4.0 percent. The rate will be further reduced on January 1, 2024, to 2.0 percent. The rate will be reduced to 0.0 percent on January 1, 2025.
Sales Tax Remittances and COVID-19 Property Tax Refunds
HB 2136, among other provisions, modifies sales tax remittance law and provides for property tax refunds for certain businesses impacted by the COVID-19 pandemic.
Sales Tax Remittances. The bill eliminates a requirement that large retailers remit estimated sales tax amounts for the first half of the current month at the time of filing the return for the previous month.
COVID-19 Retail Property Tax Refunds. The bill provides for partial property tax refunds for qualifying businesses that were shut down or limited in capacity in 2020 or 2021 by state or local government orders in response to the COVID-19 pandemic.
Qualifying businesses must have had in-person operations limited by a state or local government order and have had less gross revenue in 2020 or 2021 than they did in 2019 and have received less than a total of $150,000 in other COVID-19-related government aid.
Refund amounts, which are limited to $5,000 per retail storefront, are determined based upon the property taxes paid and the length and extent of any shutdowns or restrictions. Refunds are to be paid using federal COVID-19 relief funds.
Property, Income, and Sales Taxation
Senate Sub. for HB 2239 amends law concerning property, income, and sales taxation.
Property Taxation. Among other provisions, the bill increases the residential exemption from the 20 mill statewide school finance property tax levy from $20,000 to $40,000 and provides for formulaic increases to that amount in future years.
Income Taxation. Among other provisions, the bill enacts the SALT Parity Act, which allows certain business entities to pay income tax at the entity level, rather than requiring such business owners to pay the tax at the individual tax level.
The bill also enacts tax credits benefiting community and technical colleges, short- line railroads, aviation and aerospace employers and employees, and school teachers and expands the research and development tax credit.
The bill provides homestead property tax refund claims to be paid to certain homeowners based upon the amount of residential property tax owed in excess of the first year the homeowner was eligible to participate in the program.
The bill provides for 100-percent disabled veterans to receive an extra personal exemption allowance on their individual income tax returns.
Sales Tax. Among other provisions, the bill enacts provisions exempting agricultural fencing from sales tax and providing for refunds for agricultural fencing purchases made to replace fencing destroyed by natural disaster on or after January 1, 2021.
The bill also excludes shipping and handling charges from sales tax and repeals the sunset of the provision excluding motor vehicle manufacturer’s rebates from sales tax.
Estimated Tax Revenue Impact of Select 2022 Legislation (Dollars in Millions)
House Sub. for SB 101 amends the definition of and regulates the operations of electric-assisted bicycles (e-bikes). The bill defines class 1, class 2, and class 3 e-bikes as, among other things, having an electric motor of less than 750 watts, and requires manufacturer labels for each e-bike.
The bill states an e-bike rider has the rights, privileges, and responsibilities of a bicycle rider and other provisions applicable to bicycles apply. A municipality or an agency of the State with jurisdiction over a bicycle or multi-use path, trail, or trail network may restrict or prohibit operation of e-bikes or a specific class of e-bikes on those paths and trails.
Autonomous Vehicles
SB 313 permits operation of driverless-capable vehicles without a human driver when the automated driving system is engaged under certain circumstances. The bill permits such operation if the vehicle can safely stop if a malfunction occurs, the vehicle operates in compliance with traffic and motor vehicle safety laws, and a human driver is present for the first 12 months of service in Kansas.
The bill requires the owner of a driverless-capable vehicle to submit a law-enforcement interaction plan to the Kansas Highway Patrol before operating such a vehicle. The bill establishes requirements for insurance, as well as the responsibilities of involved parties if a crash occurs. The bill also authorizes the use of on-demand driverless-capable vehicle networks for the transportation of persons or goods.
The bill also establishes the Autonomous Vehicle Advisory Committee, which will submit yearly reports regarding use and regulation of autonomous vehicles.
Driving to Religious Activities; Nondriver’s Identification Cards
SB 446 authorizes driving to and from religious activities by a 15-year-old who holds a restricted class C or M driver’s license to drive, between the hours of 6 a.m. and 9 p.m., directly to or from any religious activity being held by a religious organization.
The bill also authorizes 16-year-olds with restricted licenses to drive to or from religious activities, rather than only worship services.
The bill also requires the Secretary of Revenue to permit electronic online renewal of nondriver’s identification cards under certain circumstances. The bill prohibits consecutive electronic renewals.
SB 330 requires the Capitol Preservation Committee to approve plans to place a permanent memorial honoring Kansas Gold Star families on the Statehouse grounds.
License Plates
HB 2476, among other things, adds specialized license plates for those who have been awarded either a Silver Star or a Bronze Star for military service. The plates will be available for passenger vehicles, starting in 2023.
The bill also amends provisions regarding license plates available to disabled veterans to authorize such license plates with and without the international symbol of access for people with physical disabilities.
The bill specifies that a veteran whose license plate has the international symbol of access will be permitted to use any parking space reserved for the use of persons with disability.
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