Technology-Enabled Fiduciary Financial Institutions Act

Summary

The Technology-enabled Fiduciary Financial Institutions (TEFFI) Act was enacted in 2021 Senate Sub. for HB 2074 and can be found in KSA 9-2301 through 9-2327.

The bill required the State Bank Commissioner to issue a charter to The Beneficient Company (Ben) and establish a fiduciary financial (fidfin) institution pilot program with an economic growth zone designated in Harvey County. The chartered TEFFI is known as Beneficent Fiduciary Financial (BFF), LLC. As of November 2024, BFF is believed to be the only TEFFI in the United States.

TEFFIs manage alternative assets, defined as professionally managed investment assets that are not publicly traded, including, but not limited to:

  • private equity;
  • venture capital;
  • leveraged buyouts;
  • special situations;
  • structured credit;
  • private debt;
  • private real estate funds; and
  • natural resources, including any economic or beneficial interest therein.

Economic Growth Trust

When alternative assets are placed into new Kansas trusts with Ben, 2.5 percent of the total amount of financing provided is funneled into the Kansas TEFFI Economic Growth Trust, which then distributes funding to the following:

  • Kansas Department of Commerce TEFFI Development and Expansion Fund, for
    the
    • Strategic Economic Expansion & Development (SEED) Program; and
    • Promotion of growth and development of the TEFFI industry; and
  • Beneficient Heartland Foundation.

Timeline

July 1, 2021Senate Sub. for HB 2074 established the TEFFI Act, which directed the State Bank Commissioner to issue a conditional charter to Ben and establish a fidfin institution pilot program, among other things.
December 7, 2021Joint Committee on Fiduciary Financial Institutions Oversight held first meeting and recommended permanent TEFFI charter be issued.
March 10, 2022SB 337 converted the conditional charter to a permanent charter, retroactive to December 31, 2021.
July 1, 2022HB 2489 amended the TEFFI Act, pertaining to an updated definition, fingerprinting requirement, existing application fee, governing documents, evaluation and examination, customer disclosure, and services and authorized activities.
HB 2547 authorized TEFFI insurance companies to operate as captive insurance companies.
December 1, 2022Joint Committee on Fiduciary Financial Institutions Oversight met and recommended amendments to the TEFFI Act regarding background checks and the definition of charitable beneficiaries.
April 20, 2023SB 44 established the Kansas Financial Institutions Information Security Act and included TEFFIs as covered entities.
November 7, 2023Joint Committee on Fiduciary Financial Institutions Oversight met and recommended the creation of an advisory council.
November 21, 2024Joint Committee on Fiduciary Financial Institutions Oversight met and made various recommendations, including changes regarding TEFFI reporting, digital assets, the definition of charitable beneficiaries, the safety and soundness examination, and liquidation processes.

Download a PDF of this memo here.

States’ Fees for Electric and Hybrid Vehicles

Although electric vehicles (EVs) and hybrid vehicles comprise less than 1.0 percent and 2.8 percent of all vehicles in operation, respectively, they are increasing as a percentage of sales.1,2 To make up for traditional motor fuel tax revenue not received for these vehicles, an increasing number of states—39 to date—have imposed separate fees on EVs, hybrid vehicles, or both. This memorandum summarizes these fees on passenger vehicles and provides additional information on them. The states with these fees were identified using information from the National Conference of State Legislatures (NCSL).3 Statutory and other sources are listed at the end of this memorandum.

Continue reading for the full report, or download a PDF copy here.

Amounts of Fees

Annual fees for EVs and hybrid vehicles range from $30 to $400. Except for Kansas’ fees, the fees listed exclude registration fees applied to all vehicles; the standard fees are discussed below.

Terms used for EVs and hybrid vehicles and their definitions are not consistent from state to state, and some states apply fees to all types of vehicles using fuels not clasified and taxed as motor fuels. Kansas applies these fees to “electric hybrid or plug-in electric hybrid vehicles” and “all-electric vehicles.” The fees listed below use those categories as much as possible. Also, fees in some states are adjusted annually for inflation; 2025 amounts are reported if readily available. Not all of the 39 states have a fee for both types of vehicles.

Electric Vehicles

  • $50—Colorado, Colorado, Hawaii, and South Dakota. Hawaii also imposes a state mileage-based road usage charge of $0.8 cents per mile, capped at $50, based on odometer readings at inspection;
  • $57.19—Colorado, for FY 2024-2025; adjusted annually. Colorado also imposes an EV road usage fee at registration, $12 in 2025, and increasing annually;
  • $60—South Carolina, $120 biennially;
  • $75—Minnesota and Nebraska;
  • $89—Vermont;
  • $90—Missouri;
  • $100—California, Illinois, Kansas, Michigan (≥8,000 lbs., $200), and New Hampshire. [Note: Only Kansas’ fee is in lieu of other registration fees and not in addition to them.];
  • $110—Louisiana;
  • $115—Oregon. Oregon also imposes a fee on traditional-fueled vehicles based on mpg: ≤19 mpg, $20; 20‒39 mpg, $25; ≥ 40 mpg, $35;
  • $120—Kentucky and North Dakota;
  • $125—Maryland;
  • $128.14—Virginia. A highway use fee also is applied to alternative fuel, electric, and hybrid vehicles. The statutory formula is 85 percent of the difference in motor fuel taxes paid for a vehicle with a combined fuel economy of 23.7 miles per gallon (mpg) and the vehicle being registered over the average number of miles traveled by a passenger vehicle in the Commonwealth, as determined by the Commissioner of the Department of Motor Vehicles: [((average miles traveled x fuels tax rate) / 23.7) – ((average miles traveled x fuels tax rate) / vehicle’s mpg rating)] x 0.85;
  • $130—Iowa and Montana (≥6,000 lbs.–10,000 lbs., $190). Montana statutes also authorize a permanent registration fee, $260 or $380, depending on weight;
  • $130.25—Utah;4
  • $140—Idaho;
  • $150—Mississippi and Nebraska;
  • $175—Wisconsin;
  • $180—North Carolina and Washington;
  • $200—Alabama, Arkansas, Ohio, Pennsylvania (in 2025; will be $250 in 2026 and then adjusted annually), Tennessee, Texas (registration renewal), West Virginia, and Wyoming;
  • $210—Oklahoma, ≤ 6,000 lbs. ($258 if 6,001 lbs.-10,000 lbs.);
  • $219.84—Georgia, in FY 2024, after an annual adjustment for inflation;
  • $230—Indiana, adjusted annually;
  • $250—New Jersey, to increase $10 per year through FY 2029; and
  • $400—Texas, for a new registration.

Hybrid Vehicles (noted if the statute specifies a plug-in hybrid)

  • $21.75—Utah, $16.50 six-month option;5
  • $30—Michigan ($100 if >8,000 lbs.) and South Carolina ($60 biennial fee);
  • $44.50—Vermont, for plug-in hybrids;
  • $50—Arkansas, Kansas, North Dakota, and Pennsylvania (in 2025; will be $62.50 in 2026 and then adjusted annually) [Note: Only Kansas’ fee is in lieu of other registration fees and not in addition to them.];
  • $56.50—Utah, for plug-in hybrid; $43.50 six-month option;
  • $57.19—Colorado, for FY 2024-2025, adjusted annually. Colorado also imposes an EV road usage fee at registration, $8 in 2025 and increasing annually;
  • $60—Louisiana, Missouri (adjusted annually), and South Carolina (biennially);
  • $65—Iowa, for plug-in hybrid;
  • $70—Montana, for plug-in hybrid ($100 if ≥6,000 lbs. and ≤10,000 lbs.). Montana statutes also authorize a permanent registration fee, $140 or $200, depending on weight;
  • $75—Idaho (plug-in hybrid), Mississippi, Nebraska (plug-in hybrid), Washington, and Wisconsin;
  • $77—Indiana, adjusted annually;
  • $90—North Carolina, for plug-in hybrid;
  • $100—Alabama (plug-in hybrid), Arkansas (plug-in hybrid), Maryland, Ohio, Tennessee, and West Virginia;
  • $112—Oklahoma ($148 if 6,000 lbs.–10,000 lbs.);
  • $120—Kentucky, new in 2025, will be adjusted annually. [Note: The definition of an EV includes any vehicle with plug-in charging capability.]; and
  • $150—Ohio, for plug-in hybrids.

Uses of the Fees Specific to Electric and Hybrid Vehicles

Of the 39 states that charge these fees, 27 direct fees collected for EVs and hybrid vehicles to their equivalents of Kansas’ State Highway Fund, according to NCSL. Other states direct the revenues elsewhere, with some dividing them. These divisions may include between state, county, and city governments.

  • Use for EV infrastructure—Vermont;
  • Divide between the general transportation fund and fund for EV infrastructure—Alabama, Colorado, Oklahoma, and Washington;
  • Divide between the general transportation fund and a different special fund—Alabama (with local transportation fund and EV infrastructure fund), Idaho (with local highway funds), Illinois ($1 of additional fee is allocated to the Secretary of State Special Services Fund), Michigan (with a scrap tire regulation fund), Ohio (with a fund allocated to municipalities, counties, and townships), Tennessee ($1 to Police Pay Supplement Fund and the rest allocated to the state highway fund, municipalities, counties, and the general fund), and West Virginia (hybrid fees allocated to State Road Fund); and
  • Place into a different special fund—Indiana (local road and bridge matching grant fund).

Dates of Enactment of the Initial Electric Vehicle Fees

Most states that currently require fees for EVs, hybrid vehicles, or both initially enacted those fees in 2017 and later, and some precede 2011. Most state EV fee statutes have subsequently been amended.

2011—Nebraska;

2013—Colorado and North Carolina;

2014—Virginia;

2015—Georgia and Michigan;

2016—Wyoming;

2017—California, Idaho, Indiana, Minnesota, Oregon, South Carolina, Tennessee, West Virginia, and Wisconsin;

2018—Mississippi and Utah;

2019—Alabama, Arkansas, Hawaii (flat fee), Illinois, Iowa, Kansas, North Dakota, Ohio, and Washington;

2021—Oklahoma and South Dakota;

2022—Kentucky and Louisiana;

2023—Hawaii (road usage charge), Montana, New Hampshire, North Carolina, Ohio, and Texas; and

2024—Maryland, Nebraska, New Jersey, and Pennsylvania.

Missouri began imposing fees on alternative fuel vehicles in 1998 and added hybrid vehicle fees in 2018. In 2020, Virginia reduced its registration fees but enacted its Highway Use Fee and Mileage-based User Fee Program, tying fees to vehicle mpg.

Adjustments to the Fees

Statutes of 14 of the 39 states provide for some sort of automatic adjustment to the fees on EVs or hybrid vehicles.

  • Adjustments based on inflation. California, Colorado, Indiana, Maryland, Mississippi, Pennsylvania, Tennessee, and Utah base adjustments on changes in the inflation rate, generally using the Consumer Price Index (CPI) with some specifying the CPI for All Urban Consumers (CPI-U);
  • California specifies the California Consumer Price Index;
  • Colorado limits an annual increase to 5 percent, regardless of whether inflation exceeds that rate;
  • Indiana’s adjustment averages changes in CPI-U and Indiana personal income;
  • Kentucky’s adjustments are based on the National Highway Construction Cost Index, starting in 2025;
  • Maryland’s adjustments for inflation begin annually in FY 2026;
  • Pennsylvania’s adjustment averages changes in CPI-U beginning in 2027; and
  • Tennessee’s annual adjustments for inflation, based on CPI-U, begin in 2028, and are limited to 3 percent;
  • Adjustments based on fuel efficiency. Georgia law states the fee is to be adjusted by multiplying the percentage of increase or decrease in U.S. average mpg against the current fee. An alternative fuel logo or emblem on a license plate allows the vehicle to use lanes reserved for motorcycles and high-occupancy vehicles. Virginia’s formula for its highway use fee is based in part on the fuel efficiency of the vehicle;
  • Adjustment based on fuel tax rates. Michigan law states adjustments will be based on increases in the state fuel tax, by $2.50 for a hybrid vehicle and $5.00 for each all-electric vehicle for each 1 cent above 19 cents per gallon in fuel tax. The statutory state fuel tax of 26.3 cents per gallon on gasoline and also on diesel fuel is indexed for inflation and currently 31 cents per gallon;
  • Adjustments of a set amount. Alabama law states its fees will increase $3 every four years, starting in 2023. Colorado increases its added “road usage equalization fee” of $4 ($3 for a hybrid) by $4 or more each subsequent year through FY 2032. Missouri law specifies its alternative vehicle fees will increase by 20 percent a year for 5 years starting in 2022. New Jersey specifies a $10 increase every year from 2024 into 2028. Tennessee specifies a $74 increase in 2027 then begins to adjust for inflation; and
  • Adjustment based on miles driven. Virginia’s formula for its highway use fee is based in part on the average number of miles traveled by a passenger vehicle in the state.

Base Registration Amounts

More than half of the states with fees for EVs, hybrid vehicles, or both have flat fees for registration of passenger vehicles. In some states, however, those flat fees vary based on various factors. Unless specified otherwise, all fees listed are annual. This memorandum does not address other fees or taxes, such as the Kansas motor vehicle tax, that may be charged at vehicle registration.

  • Based on weight. Arkansas (≤3,000 lbs., $17; 3,001-4,500 lbs., $25; ≥4,501 lbs., $30); Kansas (≤4,500 lbs., $30; >4,500 lbs., $40); Maryland (≤3,500 lbs., $70,50; >3,500 lbs.‒≤3,700 lbs., $80.50; >3,700 lbs., $121.50); Michigan (<3,000 lbs., $29; 3,001–3,500 lbs., $32; increases by $5 for each additional 500 lbs.); New Jersey (≤3,500 lbs, $25; >3,500 lbs, $50); Oklahoma (≤6,000 lbs., $110; ≥6,001 lbs. ≤10,000 lbs., $158); Pennsylvania (≤14,000 lbs); Virginia (≤4,000 lbs., $23; >4,000 lbs., $28);
  • Based on vehicle age. Idaho (1-2 years old, $69; 3-6 years old, $57; 7+ years old, $45); Oklahoma (registration years 1-4, $85; years 5-8, $75; years 9-12, $55; years 13-16, $35; years 17 and subsequent, $15);
  • Based on value. Nebraska, $15 + $5-$30 based on base value when new;
  • Based on age of the registrant. South Carolina, age 65 or older or “handicapped,” $36; age 64, $36; age 63 and younger, $40; and
  • Based on a combination:
  • Colorado—weight (≤2,000 lbs, $6; ≤4,500 lbs., $6 + $0.20/100 lbs or fraction thereof) + vehicle age (<7 years old, $12; 7-10 years old, $12; ≥10 years, $7);
  • Hawaii—flat fee + weight tax of $0.0125/lb., minimum $12;
  • Iowa—1 percent of value + $0.40/100 lbs;
  • Louisiana—flat fee + $1 for each $1,000 in value;
  • Minnesota—$10 +1.25 percent (if first registered before November 15, 2020) or 1.285 percent (if first registered after that date) of manufacturer’s suggested retail price, adjusted by age (second year, 90 percent of price, decreasing in increments of 10 percent to 10 percent in the tenth year) to $25 for the eleventh and succeeding years;
  • North Dakota—gross weight + years the vehicle has been registered, decreased as the vehicle ages (3,200‒4,499 lbs, years 1‒6, $93; years 7‒9, $81; years 10‒12, $69; years 13+, $57);
  • Oregon—flat fee + miles per gallon (for a 2-year registration: ≤19 mpg, $126; 20‒39 mpg, $136; 40+ mpg, $156 or $86 if participating in a pay-by-mile program);
  • South Dakota—weight (≤2,000 lbs, $36; 2,001‒4,000 lbs., $72; 4,001‒6,000 lbs,$108; >6,000 lbs, $144) + age (70 percent if vehicle is ≥10 years old as of January 1 of the license fee year); and
  • Wyoming—flat fee + factory price + age (3 percent of a percentage of the price depending on the vehicle’s year of service).

Applicability of Fees to Other Alternative Fuels

While most of the state statutes specified “electric vehicle,” “hybrid vehicle,” or a similar term, some apply special fees to vehicles powered by more types of alternative fuels:

  • California applies its fee to a “zero emission vehicle,” defined as “a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the state board”;
  • Missouri, which has an “alternative fuel decal fee,” defines “alternative fuel” as “electricity, liquefied petroleum gas (LPG or LP gas), compressed natural gas product, or a combination of liquefied petroleum gas and a compressed natural gas or electricity product used in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance”;
  • Nebraska law states, “Alternative fuel includes electricity, solar power, and any other source of energy not otherwise taxed under the motor fuel laws which is used to power a motor vehicle”; and
  • Virginia grants authority to its Commissioner of the Department of Motor Vehicles to determine “a rate equivalent to that levied on gasoline and gasohol on all other alternative fuel used to operate a highway vehicle.” “Alternative fuel” is a “combustible gas, liquid or other energy source that can be used to generate power to operate a highway vehicle and that is neither a motor fuel nor electricity used to recharge an electric motor vehicle or a hybrid electric motor vehicle.”

Statutes of Georgia, Missouri, and Nebraska define and use the term “alternative fuel” but then exclude fuels such as propane, natural gas, or compressed gases from fees listed above for EVs and hybrid vehicles.

1This memorandum updates a memorandum on this issue dated January 25, 2022.

2 https://www.instituteforenergyresearch.org/fossil-fuels/gas-and-oil/new-registrations-of-gasoline-vehicles-are-still-growing-despite-the-ev-push/#:~:text=The%20distribution%20of%20vehicles%20in,with%20just%201%20percent%20electric; https://www.eia.gov/todayinenergy/detail.php?id=62924

3 “Special Registration Fees for Electric and Hybrid Vehicles,” November 27, 2024, https://www.ncsl.org/transportation/special-registration-fees-for-electric-and-hybrid-vehicles, accessed December 2024.

4 Utah’s EV fee is based on its maximum road usage charge.

5 Beginning on January 1, 2024, Utah’s additional EV fee for hybrid vehicles is to be annually adjusted according to the change in the Consumer Price Index. Utah 2022 SB 51 changed fees for hybrid vehicles to $15 and $40 (plug-in hybrid), but that increase is not reflected in the Utah Code as published on its legislature’s website.

Statutes and Additional Sources

AlabamaAla. Code § 40-12-242
ArkansasA.C.A. §§ 27-14-601, 27-14-614
CaliforniaCal.Vehicle Code §§ 9250.6, 9250.8
ColoradoC.R.S.A. §§ 42-1-102, 42-3-304, 42-3-306; https://dmv.colorado.gov/state-dmv-fees, Sustainability Of The Transportation System Act Fees
GeorgiaGa. Code Ann., §§ 40-2-151, 40-2-86.1
HawaiiHRS §§ 249-31, 249-36; https://www.hawaiicounty.gov/departments/finance/vehicle-registration-licensing/motor-vehicles-fee-information
IdahoI.C. §§ 49-402, 49-457
Illinois625 ILCS 5/3-805, 5/3-806, 5/1-217
IndianaIC 9-18.1-5-2, 9-18.1-5-12, 6-6-1.6-2, 6-6-1.6-3
IowaI.C.A. §§ 321.109, 321.116
KansasKSA 8-143, 8-145
KentuckyKRS §§ 138.475, 138.477, 186.050
LouisianaLSA-R.S. 32:461, 47:463
MarylandMD Code, Transportation, § 13-956, 13-912, 13-954
MichiganM.C.L.A. 257.801; https://www.michigan.gov/taxes/business-taxes/motor-fuel/current-tax-rates-for-motor-fuel-and-alternative-fuel
MinnesotaM.S.A. §§ 168.013, 169.011
MississippiMiss. Code Ann. §§ 27-19-21, 27-19-23
MissouriV.A.M.S. 138.477, 142.869, 301.055; https://dor.mo.gov/motor-vehicle/fuel-decals.html
MontanaMCA 61-3-572
NebraskaNeb.Rev.St. §§ 60-3,143, 60-3,190, 60-3,191
New HampshireN.H. Rev. Stat. § 261:141-C
New JerseyN.J.S.A. 39:3-8.5
North CarolinaN.C.G.S.A. § 20-87
North DakotaNDCC, 39-04-19, 39-04-19.2
OhioR.C. § 4503.10; https://www.bmv.ohio.gov/doc-fees.aspx
Oklahoma68 Okl.St.Ann. § 6511; 47 Okl.St.Ann. § 1132, 1132.7
OregonO.R.S. §§ 803.420, 803.422; https://www.oregon.gov/odot/dmv/pages/fees/vehicle.aspx
PennsylvaniaVehicle Code 75 P.a. C.S. §§ 1021912. 9024
South CarolinaCode 1976 §§ 56-3-645, 56-3-620
South DakotaSDCL §§ 32-5-6. 32-5-30, 32-5-188
TennesseeT. C. A. §§ 55-4-116, 55-4-111
TexasV.T.C.A., Transportation Code §§ 502.252, 502.360, 502.252
UtahU.C.A. 1953 §§ 41-1a-1201, 41-1a-1206, 72-1-213.1
Vermont23 V.S.A. § 361
VirginiaVA Code Ann. §§ 46.2-770, 46.2-772, 46.2-774, 46.2-694; 58.1-2201, 58.1-2249; https://www.dmv.virginia.gov/vehicles/registration
WashingtonRCWA 46.17.323, 46.17.324, 46.17.350
West VirginiaW. Va. Code, §§ 17A-10-3c, 17A-10-3
WisconsinW.S.A. 341.25
WyomingW.S.1977 §§ 31-3-101, 31-3-102
All cited statutes and websites were accessed in December 2024, January 2025, or both.

Download a PDF of this report here.

Committee Reports to the 2025 Kansas Legislature

Committee Reports from the 2024 Interim can be found here. Click the Committee’s link to download a PDF of the individual report.

Download the Interim Committee Reports publication:

Download the Supplement to the Interim Committee Reports (PDF):

Committee Reports from the first Publication:

Committee Reports from the Supplement:

Briefing Book 2025

This publication contains briefs on timely topics that may be relevant during the current Legislative Session. The design is intended to provide a 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 graphics are included to illustrate large amounts of data in a concise format. The goal of this publication is to provide articles that are compact, easy to read, and relevant to even the most veteran lawmakers as a new session begins in the Statehouse.

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 at klrd.gov.

Cover: “Flint Hill Farm” by Leo Courtney, about 1925. Courtesy Wichita Art Museum, Museum purchase from the Estate of Cleo B. Murney.

Contents:

Agriculture and Natural Resources
Farm to Food Bank Projects

Commerce, Labor, and Economic Development
Kansas Businesses: Jobs for Kansans

Education
Community Eligibility for Free Lunch
Kansas School Finance System Overview
National Trends in College Admissions
Open Enrollment
School Building Disposal
Student Loans and Financial Aid

Elections, Ethics, and Local Government
Home Rule
Political Committee Major Purpose Test
Recall of Local Elected Officials
Revenue Neutral Process
Voter Registration Qualifications
Voter Roll and Poll Book Maintenance

Federal and State Affairs
Article V Convention (Convention of States)
Characterization of Military Service Upon Discharge
Kansas National Guard and the Texas Border
Medical Marijuana Update
Review of Recent Abortion Court Cases

Financial Institutions and Insurance
Definition of Money and Money Transmitters
Hospital Price Transparency
Prior Authorization

Health and Social Services
Expedited Partner Therapy
Federal 340B Drug Pricing Program
Foster Care Update
Long-term Care Facilities Minimum Staffing Standards
Overview of Medical Assistance Programs
Update on the Community Support Waiver
Updated Child Care Regulations

Infrastructure and Security
Grid Security
Kansas Cybersecurity Update
Passenger Rail in Kansas

Judiciary, Corrections, and Juvenile Justice
Hutchinson Correctional Facility Capital Improvement Projects
Kansas Law Enforcement Fentanyl Response
SCOTUS 2023 Term Review and October 2024 Term Preview

State Budget
Introduction to the State Budget Process
KPERS Tier 3

Taxation
Approaches to Property Tax Limits
Disabled Veterans Property Tax Relief
Residential Property Tax Relief Programs

Utilities and Energy
Overview of the Bipartisan Infrastructure Law and the Inflation Reduction Act

Printable PDF of the 2025 Briefing Book

Download a PDF of the 2025 Briefing Book here.

Briefing Book 2025 cover featuring "Flint Hill Farm" print by Leo Courtney.

Farm to Food Bank Projects

What is a Food Bank?

A food bank is a nonprofit, charitable organization that stocks and stores food that includes basic provisions and non-perishable items. This food is then distributed to food pantries, where the items are provided to individuals who are in need or are unable to purchase food. Food banks are an integral part of states’ food emergency services, which help distribute food during times of disasters.

In Kansas, there are three major food banks:

  • Kansas Food Bank;
  • Harvesters—The Community Food Network; and
  • Second Harvest of Greater St. Joseph.

These organizations work with more than 550 charitable food pantries throughout the state to distribute food products to those in need.

What is a Farm to Food Bank Project?

Farm to Food Bank Projects are defined in federal regulation (7 CFR 251.10(j)) as “the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations (EFOs).” These projects coordinate a logistical supply chain for local food producers to sell or donate their produce to food banks so that food banks can provide fresh produce to those in need, along with the traditional non-perishable items.

According to the U.S. Department of Agriculture (USDA), the purposes of Farm to Food Bank Projects must be:

  • Reducing food waste at the agricultural production, processing, or distribution level through the donation of food;
  • Providing food for individuals in need; and
  • Building relationships between agricultural producers, processors, and distributors and EFOs.
Map of Food Bank coverage in Kansas.
Data via https://kansasfoodsource.org/

Farm to Food Bank Projects in Kansas

In 2022, the Kansas Department of Agriculture (KDA) was awarded a $2.5 million cooperative agreement under the USDA Marketing Service’s Local Food Purchase Assistance (LFPA) Program to fund and organize a Farm to Food Bank Project. The KDA partnered with the three major Kansas food banks to distribute fresh produce to food pantries to provide to the underserved and those in need.

According to the KDA, $2.3 million worth of local food was provided to 365 local pantries and mobile sites serving 187 cities across 98 counties in the first year of the program. In 2023, the KDA was awarded an additional $2.5 million to continue the LFPA Program through 2024 or until the funds were spent.

2024 HB 2564

During the 2024 Legislative Session, HB 2564 was introduced in the House Committee on Agriculture and Natural Resources. The bill would have established the LFPA Program in statute to expand it beyond the current duration of the federal grant program. The House Committee added a sunset date of July 1, 2025, for the program. The KDA noted the bill would have increased expenditures from the State General Fund by $1.0 million, which would fund state grants to eligible organizations. After the House Committee recommended the bill be passed, as amended, the bill died on the House Calendar.

For more information, please contact:

Walter Schmidt
Research Analyst

Elaina Rudder
Senior Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
(785) 296-3181
kslegres@klrd.ks.gov

Kansas Businesses: Jobs for Kansans

Businesses in Kansas

The Department of Commerce’s stated mission is to empower individuals, businesses, and communities to achieve prosperity in Kansas. The agency has announced more than 20 new or expansion business opportunities that are expected to require over 4,800 jobs across the state. This article will highlight some of the upcoming projects.

Economic Projects Across the State

EMP Shield

In February 2023, the Department of Commerce announced that EMP Shield would be building a computer chip manufacturing facility in Burlington, Kansas. This facility is expected to create 1,200 jobs in the community, with an average annual wage of $66,000. Four production lines will be used to produce thousands of chips per week. Groundbreaking for the facility took place in September 2023. EMP Shield will partner with the Flint Hills Technical College and area high schools to provide training for potential employees.

KMW

In April 2024, KMW, a front loader and backhoe manufacturer, announced it was building a facility in Sterling, Kansas. The facility is expected to create 250 new jobs. KMW has two other facilities in Kansas, located in Great Bend and Lyons. The $105.0 million investment is anticipated to also allow for future expansion.

Michelin

More than 200 new jobs are expected in Junction City, Kansas, over the next five years based on Michelin increasing production of rubber tracks for agricultural equipment. [Note: Rubber tracks increase the mobility and flotation of tractors and farm machinery.] The plant’s estimated workforce will be 375 by 2026. This expansion project will increase the production of rubber tracks based on the anticipated needs of the company.

Upcoming Sales and Tax Revenue (STAR) Bond Projects Across the State

In addition to economic development projects, there are STAR Bond projects that have been announced and are in the planning and approval process. STAR Bonds allow local governments to use bond proceeds to help finance tourist attractions within development districts. STAR Bonds can be utilized for property acquisition, site preparation, and infrastructure.

Arena and Equestrian Center

The City of Colby, Kansas, approved a resolution in July 2024 that authorized a STAR Bond project for an arena and equestrian center. Currently, the Department of Commerce is working with the developer on finalizing the STAR Bond district, and it is expected to include a multi-purpose arena and equestrian center. No bonds have been issued at this time.

Mattel Adventure Park

According to Mattel, the Mattel Adventure Park is expected to open in 2026 in Bonner Springs, Kansas. Bonner Springs City Council members approved the creation of the STAR Bond district near the Kansas Speedway in April 2024. Developers anticipate a $500.0 million, 183-acre adventure park that will include Hot Wheels, Barbie, and other Mattel-themed experiences.

American Royal

Construction for the American Royal near the Kansas Speedway is currently underway. Developers are still working with the Unified Government of Wyandotte County and Kansas City, Kansas, to finalize project plans. This STAR Bond district is expected to include arenas, a learning and engagement center, and space for livestock shows and agricultural education.

For more information, please contact:

Chardae Caine
Senior Fiscal Analyst

Mike Ditch
Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
(785) 296-3181
kslegres@klrd.ks.gov

Community Eligibility for Free Lunch

What is the Community Eligibility Provision?

The Community Eligibility Provision (CEP) is a school meal funding option authorized by the federal Healthy, Hunger-Free Kids Act of 2010. CEP is designed to provide breakfast and lunch at no cost to students at schools, school districts, and local educational agencies (LEAs) in low-income areas.

Schools, school districts, and LEAs that adopt CEP are reimbursed using a formula based on the percentage of students who automatically qualify for free meals. Determining whether a student automatically qualifies for free meals under CEP is based on shared eligibility data between specific federal assistance programs, instead of through the collection of household income applications.

Electing to participate in CEP is a voluntary decision made by a school, school district, or LEA. The CEP operates on a four-year cycle.

Eligibility

In order to be eligible for CEP, schools, school districts, and LEAs must meet the following requirements:

  • Ensure that at least 25.0 percent of enrolled students are qualified students as of April 1st in the prior school year;
  • Participate in both the National School Lunch Program and School Breakfast Program;
  • Offer breakfasts and lunches to all students at no charge; and
  • Notify their state educational agency of their intent to participate in CEP by June 30th.

Identified Students

Identified students are students who are certified for free meals without the use of household income applications. Identified students include:

Students directly certified through the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, in some states and areas, Medicaid benefits; and
Students who are certified for free school meals without an application because they are homeless, a migrant, enrolled in Head Start, or in foster care.

Transfers and Carryover Students

When a student moves from a CEP school to a non-CEP school during the school year (transfers) or between school years (carryover), such student is eligible to receive free meals for up to 30 days or until a new eligibility determination is made, whichever comes first.

Reimbursement

Schools, school districts, and LEAs that adopt CEP are reimbursed using a formula based on the percentage of identified students. The identified students percentage (ISP) is calculated by dividing the total number of identified students by the total number of enrolled students.

(# of identified students / # of enrolled students) x 100 = ISP

To determine the percentage of meals reimbursed at the federal free rate, the ISP is multiplied by a factor of 1.6. Any remaining meals, up to 100.0 percent, are reimbursed at the federal paid rate.

For example, a school with 50.0 percent identified students would be reimbursed for 80.0 percent of the breakfasts and lunches served at the free reimbursement rate, and the remaining 20.0 percent would be reimbursed at the paid rate.

CEP requires LEAs to use non-federal funds to cover any costs of offering free meals to all students that exceed the federal assistance provided.

Final Rule Change

In September 2023, the U.S. Department of Agriculture (USDA) published a final rule amending the CEP regulations by lowering the minimum ISP from 40.0 percent to 25.0 percent. Lowering the minimum ISP allows more schools to participate in CEP. The Food Research and Action Center estimates 3,000 additional school districts will be eligible to participate in CEP. According to the USDA, the benefits of lowering the ISP include increasing students’ access to free and healthy school meals, eliminating unpaid meal charges, reducing stigma, and streamlining program administration and meal service operations.

The final rule became effective on October 26, 2023.

For more information, please contact:

Elaina Rudder
Senior Research Analyst

Brianna Horton
Fiscal Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
(785) 296-3181
kslegres@klrd.ks.gov

Open Enrollment

Current State

KSA 72-3123 requires school districts to allow for the attendance of non-resident students beginning in the 2024–2025 school year based upon the capacity of the district. At the time of this article’s publication, all school districts should have completed the statutory requirements to determine capacity, accepted non-resident students, and be currently teaching said students within the district.

Additionally, changes made by the 2024 Legislature allow school districts to use current year enrollment for funding. Thus, non-resident students could also be impacting district enrollments for funding purposes for fiscal year (FY) 2025.

Determination of Capacity

Statute requires that, on or before May 1 of each year, all school districts (excluding districts located on a military installation or virtual schools) shall determine the capacity of the district to accept non-resident students for the upcoming school year. Capacity is to be determined utilizing student-to-teacher ratios, with kindergarten through grade 8 doing so for the grade level, and grades 9 through 12 doing so for each building or program within the building. Determination of capacity is not solely based upon prior enrollment but is left at a district’s discretion to also include projected growth, decline, or other changes in resident student enrollment.

Each school district is required to publish the number of open seats available to non-resident students by grade level on the district’s website on or before June 1.

Enrollment Applications

Beginning on January 1, school districts are required to accept applications from non-resident students for enrollment within the district. The application window is open through June 30, and the application will be in a manner and form determined by each district. Non-resident students who previously attended the school district during the 2023–2024 school year are allowed by statute to continue their enrollment without reapplication under these provisions.

Should the number of applicants exceed the capacity of a grade level within the school district, the district shall randomly select students by utilizing a confidential lottery process, with exceptions for the following students who are given priority outside of the lottery system:

  • Any sibling of a non-resident student who was accepted to attend the district;
  • Military students;
  • Any student in the custody of the Department for Children and Families who is living in the home of a non-resident student attending the receiving district;
  • Any student who has a parent or guardian that is employed by the school district; or
  • Any student experiencing homelessness.

This process is required to be completed by July 15. The school district is required to provide the reason for non-acceptance to any parent or guardian of a non-resident student who was not accepted or was denied enrollment by July 30. Statute prohibits districts from denying a non-resident transfer based upon the ethnicity, national origin, gender, income level, disabling condition, English proficiency, measurement of achievement, aptitude, or athletic ability of the student. Additionally, the parent or guardian of a non-resident student denied enrollment may appeal the denial to the district’s school board.

Once accepted for enrollment, a non-resident student is permitted to continue enrollment within the receiving school district until they graduate high school or fail to maintain “good standing” as outlined in the district’s non-resident transfer student policy.

Transportation

Statute states that school districts are not required to provide transportation for non-resident students unless otherwise required by law. However, a district is allowed to transport non-resident students to and from an in-district bus stop. Any district that chooses to do this must ensure the transportation of non-resident students is comparable to that of resident students.

What is Next?

The State Department of Education (KSDE) is required to collect the number of non-resident student transfers accepted and denied by districts by grade level and whether denials were based upon capacity or pursuant to district transfer policies. Such data is required to be published on KSDE’s website once collected and made available to the Legislative Division of Post Audit. At the time of this article’s publication, this data was not available from KSDE.

Statute also allows for either the House Committee on K-12 Education Budget or the Senate Committee on Education, in calendar year 2027, to request the Legislative Division of Post Audit conduct an audit of non-resident student transfers. If requested, the audit would be required to be presented to the Legislative Post Audit Committee on or before January 15, 2028, and subsequent presentations made to the standing committees noted above.

For more information, please contact:

Matthew Willis
Senior Research Analyst

Jennifer Light
Fiscal Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
(785) 296-3181
kslegres@klrd.ks.gov

School Building Disposal

Disposition of School Buildings and Property

Pursuant to KSA 72-3216, upon the affirmative recorded vote of no less than a majority of the members of the school district board of education (board) at a regular meeting, a school district may dispose of school buildings and school property no longer needed by such school district. During the 2023 and 2024 Legislative Sessions, bills amending and adding to the school building disposal process were enacted.

2023 House Sub. for SB 113

House Sub. for SB 113, codified in KSA 72-1439, granted the Legislature the right of first refusal and created a notification process of a board’s intentions to dispose of a school building.

A board is required to submit written notice to the Legislature of its intention to dispose of a school building by filing such notice with the Chief Clerk of the House and the Secretary of the Senate. The written notice must include:

  • A description of the school district’s use of the building immediately prior to the decision to dispose;
  • The reasons for the building’s disuse and the decision to dispose of the building;
  • The legal description of the real property to be disposed of; and
  • A copy of the resolution adopted by the board.

The Legislature has the opportunity to review the notice and, within 45 days, adopt a concurrent resolution that states the Legislature’s intention to acquire such school building. Note: When the Legislature is not in session, the Legislature has 45 days from the commencement of its next regular session to adopt the concurrent resolution.


If the Legislature does not adopt a concurrent resolution within the 45-day period, the school district is allowed to proceed with the disposition of the school building in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district.

If the Legislature adopts a concurrent resolution within the 45-day period, the state agency named in the resolution will have 180 days to complete acquisition of the school building and take title to the real property. The Legislative Coordinating Council (LCC) may extend the 180-day period by 60 days.

During the 180-day period and authorized extension, the board is prohibited from selling, gifting, leasing, or otherwise dispensing of the building or real property described in the required written notice. If the state agency does not take title during the 180-day period or 60-day extension, the school district may proceed with disposition of the building.

2024 House Sub. for SB 387

House Sub. for SB 387 made changes to the process by which the Legislature exercises its right of first refusal and defines “building” to mean any building that was used in any prior school year as an attendance center for students enrolled in K–12.

When the Legislature is not in session, the LCC is authorized to deny the legislative option within 45 days. If the LCC does not deny the legislative option, the Legislature may adopt a current resolution within 45 days of the commencement of the next regular session.

If the LCC denies the legislative option or the Legislature does not adopt a concurrent resolution within the 45-day period from the commencement of the next regular session, the school district is permitted to proceed with the disposal of the school building in accordance with state law.

In addition, the bill included language to prohibit a board disposing of a school building from refusing to sell, lease, or convey any interest in a building or property to a prospective buyer or lessee solely because the prospective buyer or lessee may use or intends to use the building or property as a non-public school building.
These provisions went into effect on and after July 1, 2024.

For more information, please contact:

Elaina Rudder
Senior Research Analyst

Jennifer Light
Fiscal Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
(785) 296-3181
kslegres@klrd.ks.gov