News – Page 9

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.

Printable PDF of the 2025 Briefing Book

Download a PDF of the 2025 Briefing Book here.

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

Voter Registration Qualifications

Qualifications to Submit a Voter Registration Application

Certain amendments of the U.S. Constitution provide that citizens of the United States over the age of 18 shall not be denied the right to vote based on their race, color, or previous condition of servitude (15th Amendment); sex (19th Amendment); or age (26th Amendment). The 24th Amendment states citizens of the United States shall not be denied the right to vote in a federal election for failure to pay any poll tax or other tax.
Article 2, Section 5 of the Kansas Constitution states that no person convicted of a felony under any state or United States law shall be qualified to vote, unless pardoned or restored to that person’s civil rights. KSA 21-6613 specifies that a person convicted of a felony shall be ineligible to vote from the moment of conviction until such person has completed the term of the authorized sentence.

Additionally, Kansas statute allows a voter registration application to be submitted by a citizen not yet 18, so long as such citizen turns 18 by election day.

Voter Registration Applications

In order to register to vote, qualified citizens may apply in person, by mail, through a voter registration agency, or by other delivery to a county election officer. This includes the Kansas Online Voter Registration housed on the Kansas Department of Revenue’s website.

When applying to register to vote, an applicant will need to supply enough information as is necessary to prevent duplicate voter registrations. This information can include, but is not limited to:

Place of residence, including specific address or location and mailing address if the residence is not a permissible postal address;
The last four digits of the applicant’s Social Security number;
The applicant’s full driver’s license or non-driver’s identification card number;
The name under which the applicant previously registered to vote, if different from present name; and
The residence at time of last registration or voting, if the applicant had previously registered or voted elsewhere.

Additionally, each applicant must sign a statement swearing or affirming the following are true of the applicant:

The applicant is a citizen of the United States;
The applicant is a resident of Kansas;
The applicant will be 18 years old before the next election;
If convicted of a felony, the applicant’s civil rights have been restored; and
The applicant has abandoned their former residence or other name.

The penalty for submitting a false voter registration application is a maximum presumptive sentence of 17 months imprisonment.

Proof of Citizenship Injunction

HB 2067 was enacted in 2011, which required applicants to submit documentary proof of citizenship (DPOC) with their voter registration application. This provision was temporarily enjoined in 2016 by the district court in Fish v. Kobach.

The court held that the federal National Voter Registration Act (NVRA) preempts Kansas law, and the Kansas DPOC requirement violated provisions of the NVRA prohibiting states from requiring information that duplicates information required for a driver’s license application. In 2018, the law was permanently enjoined for violating the NVRA and infringing on the right to vote under the 14th Amendment of the U.S. Constitution. In 2020, the Tenth Circuit Court of Appeals upheld the permanent injunction.

Though this section of Kansas statute has been enjoined, the Legislature has not passed a bill to remove the section.

For more information, contact:

Jillian Block
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
kslegres@klrd.ks.gov
(785) 296-3181

Article V Convention (Convention of States)

What is Article V?

Article V of the U.S. Constitution gives states the power to call a convention to propose and discuss amendments that “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.” Article V provides two methods to propose amendments to the nation’s constitution:

Congress, by a two-thirds vote of both chambers, may propose amendments to the states for ratification; or
On the application of the legislatures of two-thirds of the states (currently 34 of 50 states), Article V directs that Congress “shall call a Convention for proposing Amendments. . .”.

Ratification of Proposed Amendments

According to the Congressional Research Service, an amendment ratified by the states under either method is indistinguishable and carries equal force. Both methods share these constitutional requirements:

Amendments proposed either by Congress or at an Article V Convention must be ratified by the legislatures or conventions in three-fourths of the states—currently 38 of 50 states; and
Congress has the authority to choose the method of ratification in the states, including ad hoc conventions or ratification by the legislatures of the states. Three-fourths of the states must vote to ratify the amendment—currently 38 of 50 states.

The Role of Congress in the Convention Process

Once 34 state legislatures have applied for an Article V Convention, Congress is responsible for calling the convention for the proposing of amendments.

The Role of the President in the Convention Process

The President and the role they hold during an Article V Convention is not specified in the language of Article V.

The Role of the District of Columbia and U.S. Territories in the Convention Process
Article V does not state the membership status of the District of Columbia or the U.S. Territories in regards to an Article V Convention.

Article V Petition Topics

Every state except for Hawaii has submitted an Article V petition to Congress that has passed both chambers, or in the case of Nebraska, the single legislative chamber. These petitions generally specify a particular topic to be considered at an Article V Convention. Over the past five years, topics of petitions submitted to Congress have included:

Requirement of a balanced budget;
Federal government authority;
Gun control; and
Term limits for members of Congress, Supreme Court justices, and other governmental officials.

Kansas Constitutional Convention Petition History

Pursuant to Article 2, Section 13 of the Kansas Constitution, in order for a concurrent resolution petitioning Congress to call an Article V Convention to pass, the measure must receive a two-thirds majority vote in both chambers. Under the current apportionment, this would require an affirmative vote of 84 members in the House and 27 members in the Senate.

Since 1975, the Kansas Legislature has considered approximately 32 concurrent resolutions calling for a convention of states. Of these resolutions, 2 concurrent resolutions were passed in both the House of Representatives and the Senate and presented to Congress:

1978 SCR 1661 (balanced budget); and
1995 HCR 5008 (limits on Congressional authority).

Article V Convention—Kansas Delegate Process

During the 2024 Legislative Session, three bills were considered that would have established a delegate selection process to represent Kansas, should an Article V Convention be called by Congress.

HB 2807 was passed by the House Committee on Federal and State Affairs, but died below the line in the House. Both SB 92 and SB 385 died in committee.

For more information, contact:

Kate Smeltzer
Research Analyst

Jordan Milholland
Managing Research Analyst

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

Characterization of Military Service Upon Discharge

During the 2023-2024 biennium, the Legislature passed, and the Governor subsequently signed into law, several bills relating to veterans of the U.S. armed forces and the Kansas Army and Air National Guard. Many of the newly enacted laws updated language to ensure consistency amongst statutes. Others provided additional state benefits to veterans who received a specified characterization of service upon their discharge or separation from the U.S. armed forces. Note: For purposes of this article, the terms “discharge” and “separation” have the same meaning.

As such, this article explains the common characterizations of service a veteran may be assigned upon discharge from the military. It also examines when the U.S. Department of Veterans Affairs (VA) is authorized to review a veteran’s less-than-honorable characterization of service to determine whether the veteran is eligible for certain VA benefits.

Characterization of Service Upon Discharge

Upon receiving a discharge from the U.S. armed forces (meaning a veteran is released from future service obligations), a service member is assigned a characterization of service. A service member’s characterization of service is akin to a student’s final GPA: both provide a quick answer as to how well the individual did in a respective field. Unlike a GPA scale that ranges from 0.0 to 4.0, a veteran’s characterization of service upon discharge will fall into one of two categories of separations: administrative or punitive.

Administrative Separations

Administrative separations occur for various reasons, including misconduct on the part of service members. However, most service members receive an administrative separation upon the expiration of their commitment to serve. There are three types of administrative separations that a service member may receive: honorable discharge, general (under honorable conditions) discharge, and other than honorable conditions discharge.

Honorable Discharge

An honorable discharge is the highest service characterization that a member of the U.S. armed forces may receive. To receive an honorable characterization of service upon discharge, a service member must meet or exceed the standards of acceptable performance of duty and acceptable conduct. The VA generally presumes that a veteran who received an honorable service characterization upon discharge is entitled to VA benefits.

General Discharge

A general (under honorable conditions) discharge is awarded when a service member fails to meet all expectations of conduct and performance, even though the member was honest and faithful in satisfactorily performing their duties. As with honorable discharges, the VA generally presumes that a veteran who received a general service characterization upon discharge is entitled to VA benefits. Note: This type of separation is commonly referred to as a “general discharge under honorable conditions” or an “under honorable conditions discharge” or another amalgamation of those words.

Other than Honorable Conditions Discharge

An other than honorable conditions discharge is the most severe form of administrative separation that a service member can receive without a court-martial. This type of separation occurs following a pattern of behavior or conduct that is a significant departure from what is expected of service members. Examples of acts that could lead to this type of discharge include use of force or violence, use of illegal drugs, disregard of customary superior-subordinate relationships, and abuse of a special position of trust. The VA generally presumes that a veteran who received an other than honorable characterization of service upon discharge is not eligible for most VA benefits. Note: This type of discharge is also referred to as a “discharge under conditions other than honorable.”

Punitive Separations

Punitive separations can only occur after a court-martial proceeding. The VA presumes that a veteran who received a punitive separation is not eligible for VA benefits. There are two types of punitive separations that a service member may receive: bad conduct discharge and dishonorable discharge.

Bad Conduct Discharge

A bad conduct discharge is the second-most severe characterization of service an enlisted member can receive. It is reserved for those who have been convicted repeatedly of minor offenses or bad conduct, so long as a general court-martial or a special court-martial adjudges that the service member is not deserving of an administrative separation. Examples of acts that could lead to a bad conduct discharge include being drunk on duty and disorderly conduct.

Dishonorable Discharge

A dishonorable discharge is the most severe characterization of service an enlisted member can receive. It is reserved for those who have been convicted of (a) offenses that would be considered felonies in civil jurisdictions, or (b) offenses of a military nature that require severe punishment, or both, so long as a general court-martial determines that the member is deserving of being separated under dishonorable conditions. Examples of acts that could lead to a dishonorable discharge include desertion, espionage, fraud, murder, and treason.

Characterization of Service Upgrade

Per the U.S. Department of Defense, a veteran who receives less than a fully honorable characterization of service upon discharge retains the right to attempt to upgrade such characterization. In order for an upgrade to occur, a veteran must appeal the service characterization to the appropriate branch’s Discharge Review Board or the Board for Correction of Military or Naval Records. The review boards then consider all evidence, including post-service conduct, before determining whether an upgrade is warranted.

VA Character of Discharge Determination

In determining whether a veteran is eligible for VA benefits, the VA will review such veteran’s period of military service, including the characterization of service upon discharge. The VA cannot upgrade a characterization of service, but it can determine that a veteran is eligible for full or partial benefits. If the VA determines a veteran’s service was honorable, even if the veteran’s respective branch disagreed at the time of separation, the veteran will likely be eligible for all applicable benefits. If the VA determines that a veteran’s service was other than honorable, the veteran will likely remain ineligible for benefits unless the veteran has a service-connected disability, in which case health care benefits may apply.

For more information, contact:

Molly Pratt
Fiscal Analyst

Arianna Waddell
Fiscal Analyst

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

Kansas National Guard and the Texas Border

Kansas’ Support of Texas and the Southwest Border

During the 2024 Legislative Session, two resolutions (HR 6035 and SR 1737) were adopted concerning illegal immigration, federal immigration policies, and the southern border of Texas. In addition, SB 28 appropriated $15.7 million from the State General Fund to the Adjutant General’s Department for the Southwest Border Mission in fiscal year (FY) 2024.

Resolutions

HR 6035 encourages the Governor of Kansas to provide the Governor of Texas support, including the resources of the Kansas National Guard and Kansas law enforcement agents, as well as equipment and supplies. The resolution also states the House of Representatives seeks further conversations with the Governor of Texas and Texas Legislature to formalize an agreement of support.

SR 1737 states the Kansas Legislature joins in solidarity with 25 states to support the Governor of Texas defending the state’s southern border and its citizens and that the President of the United States violated the oath of office by failing to faithfully execute federal immigration laws.

SB 28—Southwest Border Mission

The funds appropriated in SB 28 for the Southwest Border Mission must be expended in response to either (1) the request for assistance from the State of Texas pursuant to the Emergency Management Assistance Compact (KSA 48-9a01) or (2) a memorandum of understanding between the Governor of Kansas and the Governor of Texas. The bill requires collaboration between the Adjutant General, the Governor, and the Response and Recovery Bureau Director to activate, mobilize, and deploy state resources and implement appropriate mutual aid plans and procedures.

The bill also specifies that the assistance being provided is for the prevention of drug trafficking, human trafficking, transactional criminal organizations, and other related crimes contributing to the emergency.

Per SB 28, any unencumbered funds for the Southwest Border Mission totaling more than $100 as of June 30, 2024, will be reappropriated for FY 2025.

The Governor vetoed these provisions of SB 28, but the veto was overridden by the Legislature. In the House of Representatives, there were 84 votes in favor of and 41 votes opposed to funding the Southwest Border Mission. In the Senate, there was a vote of 28 in favor of and 12 opposed to funding the Southwest Border Mission.

Kansas National Guard Deployment

The Governor declined to send any Kansas National Guard personnel or resources to the southwest border of Texas in FY 2024. However, some Kansas National Guard troops were deployed to the southwest border of Texas as part of federal efforts to stabilize the southern border. Those deployments are funded by the U.S. Department of Defense with federal moneys.

Other States’ Support of Texas and the Southwest Border

As of July 2024, 16 states have sent personnel, including members of the National Guard, state police officers, and highway patrol officers to the southwest border of Texas.

Map of the USA showing which states have sent personnel and resources to the Texas border with Mexico.

For more information, contact:

Elaina Rudder
Senior Research Analyst

Molly Pratt
Fiscal Analyst

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

Medical Marijuana Update 2025

Medical marijuana use is legal in 38 states and the District of Columbia. Recreational use of marijuana is legal in 24 states and the District of Columbia.

In recent years, several bills were introduced to legalize medical or recreational marijuana use in Kansas. Legislation that would have legalized medical marijuana in Kansas received a floor vote for the first time in 2021, as H. Sub. for SB 158 passed out of the Kansas House.

Marijuana Legalization in Other States

Medical Use. Laws in the 38 states, and the District of Columbia, that provide for comprehensive medical marijuana and cannabis programs meet the following criteria: protection from criminal penalties for using marijuana for a medical purpose; access to marijuana through home cultivation, dispensaries, or some other system that is likely to be implemented; allowance for a variety of strains or products; and allowance for either smoking or vaporization of marijuana products, plant material, or extract.

Another nine states allow the use of low-THC, high-cannabidiol (CBD) products for specific medical conditions, or provide a legal defense for their possession.

In the November 2024 election, Nebraska citizens approved two ballot measures regarding the establishment and regulation of a medical marijuana program. The validity of the petitions for the ballot measures is currently being challenged in court.

Recreational Use. As of November 2024, the following 24 states have legalized the recreational use of marijuana: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia. In November 2024, voters in Florida, North Dakota, and South Dakota did not approve ballot measures that would have legalized the purchase, possession, and use of marijuana for adults age 21 and older.

Federal Rescheduling

On May 21, 2024, the U.S. Department of Justice Drug Enforcement Administration (DEA) published a notice of proposed rulemaking to transfer marijuana from Schedule I to Schedule III under the Controlled Substances Act. Schedule I drugs, substances, or chemicals, such as heroin and lysergic acid diethylamide (LSD), are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule III drugs, substances, or chemicals, such as Tylenol with codeine or ketamine, are defined as drugs with a moderate-to-low potential for physical and psychological dependence and a currently accepted medical use. The public comment period on the proposed rule closed on July 22, 2024, and a public hearing on the rule is scheduled to begin on December 2, 2024.

Classifying marijuana as Schedule III would allow pharmacies to dispense the prescription drug, pending Food and Drug Administration approval. The DEA and Kansas rules and regulations already permit pharmacists to dispense Schedule III, IV, and V substances. There would be no impact on the legal status of recreational marijuana.

Recent Kansas Legislation

During the 2023 Legislative Session, four bills were introduced that would create a medical marijuana regulatory system in Kansas. SB 135 received hearings in the Senate Committee on Federal and State Affairs in March 2023. On April 26, 2024, a motion was made to withdraw SB 135 from committee and refer the bill to General Orders in the Senate. The motion failed on a vote of 12–25, and the bill died in committee.

In 2024, two bills related to medical marijuana were introduced: SB 555 and SB 558. SB 555 received a hearing in the Senate Committee on Federal and State Affairs in March 2024 but died in committee.

2024 Special Committee on Medical Marijuana

During the 2024 Interim, the Special Committee on Medical Marijuana met for two days to receive testimony from state agencies, law enforcement, medical professionals, local government, and the business community. The Committee was also directed to study the impact of the federal government potentially rescheduling marijuana, access to and outcomes of medical marijuana for veterans and end-of-life patients, and current law and enforcement regarding CBD.

At the conclusion of its meetings, the Committee voted to direct staff to compile a summary of the meeting and information presented as a report for the Committee to review and request an additional meeting day in January for the purpose of making recommendations to the 2025 Legislature.

For more information, contact:

Leighann Thone
Senior 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
kslegres@klrd.ks.gov
(785) 296-3181

Contents:

Printable PDF of the 2025 Briefing Book