Legislative Highlights 2023

Highlights is a summary of major legislation passed during the Session. This edition contains summaries from 20 major topics, including Education Finance and Policy, Fentanyl Test Strips, Childhood Sexual Abuse Statute of Limitations, State Budget and Water Funding, and Workforce Development Laws.

Download a printable version of 2023 Legislative Highlights here (PDF).

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Front page of 2023 Legislative Highlights

Contents:

Abortion
Agriculture & Natural Resources
Alcohol & Gaming
Children & Youth
Corrections
Education
Elections & Ethics
Federal & State Affairs
Financial Institutions & Insurance
Health
Judiciary



Retirement
Social Services
State Finances
State & Local Government
Taxation
Transportation
Utilities & Telecommunications
Veterans & Military
Workforce
Legislative Session At-A-Glance

Abortion

Abortion Definition and Notification

HB 2264 amends the definition of “abortion” to clarify that certain medical procedures, such as removal of an ectopic pregnancy, and methods of contraception are not abortions. The bill also requires facilities and physicians that provide medication abortions using mifepristone to provide notification to patients, verbally and in writing, that reversal of the abortion may be possible.

Born-alive Infants Protection Act

HB 2313 enacts the Born-alive Infants Protection Act. If an abortion or attempted abortion results in a child being born alive, the bill requires health care providers exercise the same level of care as to any other child born alive. Failure to comply with these care requirements must immediately be reported to law enforcement. The bill creates penalties for knowing or reckless violation of the Act and allows for a civil cause of action for any violation of the care and reporting requirements. These penalties do not apply to the woman upon whom the abortion is performed or attempted.
The bill also requires each medical facility in which an infant is born alive subsequent to an abortion or attempted abortion to submit an annual report to the Secretary of Health and Environment and authorizes civil fines for failure to timely submit such reports.

Agriculture & Natural Resources

Multi-year Flex Accounts and Water Banks

SB 205 allows enrollment and participation in a multi-year flex account except when the water right, or any portion, is enrolled in a water bank during the calendar year. The bill also provides a one-year period where dual-enrollment is allowed.

Outdoor Recreation

HB 2039 requires the Secretary of Wildlife and Parks, or the Secretary’s designee, to issue a free permanent hunting and fishing license to any Kansas resident who provides proof of disabled veteran status to the Secretary. The bill also designates the Lehigh Portland Trails in Allen County as Lehigh Portland State Park.

Cotton Bale Transport

HB 2160 amends secured load requirements for trucks, trailers, and semitrailers hauling cotton bales to allow for transport by cotton producers intrastate from the place of production or storage to a market, place of storage, or place of use under certain conditions.

Groundwater Management District Reporting

HB 2279 requires groundwater management districts (GMDs) to submit annual reports to the Legislature by January 25 each year; requires GMDs to identify and submit a report on priority areas of concern to the Chief Engineer by July 1, 2024; and requires GMDs to submit a conservation and stabilization action plan to the Chief Engineer by July 1, 2026. The bill also prohibits a GMD board member from farming GMD-owned land for profit unless certain requirements are met.

Alcohol & Gaming

Tribal Sports Wagering

Senate Sub. for HB 2058 authorizes any gaming compact about sports wagering to include provisions governing sports wagering outside the boundaries of tribal lands. [Note: SR 1725 and HR 6026 were passed to indicate approval of the gaming compact amendment submitted by the Prairie Band Potawatomi Nation.]

Alcohol Sales, Sampling, and Consumption Areas

HB 2059, among other things, amends various provisions of the Kansas Liquor Control Act, Kansas Cereal Malt Beverage Act, and Club and Drinking Establishment Act.
Sunday Sales. The bill removes the 30 percent food sales requirement, where permitted, for on-premise Sunday sales of cereal malt beverages.

Common Consumption Areas. The bill removes the provision that a municipality require the portions of common consumption areas on public streets or roadways to be blocked from motorized traffic during events.

Dogs at Food Establishments and Microbreweries. The bill permits food establishments and microbreweries to conditionally allow dogs in outside areas on the premises and inside areas of microbreweries not used to prepare food or drink.

Children & Youth

Juvenile Justice and Oversight

HB 2021 creates and amends law regarding the assessment and provision of services to children in the child welfare and juvenile justice systems and changes the criteria used to admit youths to a juvenile crisis intervention center.

Risk and Needs Assessments. The bill requires the Secretary for Children and Families to identify and administer a risk and needs assessment to children exhibiting criminogenic behaviors during a child in need of care case, and to collaborate with the Secretary of Corrections to allow such children to participate in programs funded by the Evidence-based Practices Account. The bill also directs the Secretary of Corrections to ensure a juvenile placed in detention receives a standardized risk and needs assessment within 72 hours, receives an updated or completed case plan within 48 hours of such assessment, and has access to behavioral, mental health, and substance use treatment disorder services while in detention.

Juvenile Crisis Intervention Centers. The bill permits juveniles who are likely to harm themselves or others due to a behavioral health condition to be admitted to a juvenile crisis intervention center in certain circumstances and changes the phrase “mental health crisis” to “behavioral health crisis” in various statutes. The bill also adds substance abuse services to the services offered by such centers.

HB 2114 renames and updates the charge for the J. Russell (Russ) Jennings Joint Committee on Corrections and Juvenile Justice Oversight.

Child Welfare

HB 2024 creates the Newborn Infant Protection Act to provide for newborn safety devices as an alternate means to legally surrender an infant. The bill authorizes a parent or a legal custodian of an infant who is no more than 60 days old and who has not suffered great bodily harm to surrender physical custody to a newborn safety device installed at an authorized facility. The relinquishing parent who follows this procedure is immune from civil or criminal liability for such surrender. The bill establishes a procedure for a non-relinquishing parent to establish parental rights after this surrender.
An authorized facility receiving an infant must make information available to the relinquishing parent (e.g., a form requesting certain information about the child such as tribal status), to ensure compliance with the Indian Child Welfare Act.

The bill also creates a program within the Kansas Department of Health and Environment for the training and payment of Child Abuse Review and Evaluation (CARE) providers who conduct CARE exams. The bill outlines the exam and reporting process and requires specialized training for CARE providers.

Further, the bill enacts the Representative Gail Finney Memorial Foster Care Bill of Rights to define the rights of children in need of care in the child welfare system (foster youth), foster parents, and kinship caregivers.

Corrections

Crimes

The Legislature created and amended provisions concerning various crimes.

Battery—Health Care Provider. SB 174 amends the crime of battery to add battery committed against a health care provider while the provider is engaged in the performance of their duties. [Note: Provisions regarding fentanyl are detailed in Health.]

Discharge of a Firearm. Senate Sub. for HB 2010 amends the crime of criminal discharge of a firearm to include the reckless, unauthorized discharge of any firearm at an occupied motor vehicle, regardless of whether the offender knows or has reason to know that a human being is present. [Note: Substance abuse programming provisions are discussed on p. 3.]

Drivers License Violations. HB 2216 removes, for a first-time offender, the mandatory term of imprisonment for driving with a driver’s license that was canceled, suspended, or revoked for failure to appear, pay fines, or otherwise comply with a traffic citation.
Human Smuggling. HB 2350 creates the crimes of human smuggling and aggravated human smuggling.

County Jail Updates

SB 228 updates law concerning county jails in, among other ways, specifying each sex, female and male, must be kept in separate rooms while imprisoned, and defines the term “sex” to mean an individual’s biological sex at birth. The bill also requires the Secretary for Aging and Disability Services to reimburse counties for costs related to the confinement of prisoners awaiting examination, evaluation, or treatment for competency to stand trial.

Substance Abuse Program Expansion

Senate Sub. for HB 2010, among other things, allows certain defendants convicted of a nonperson severity level 7 through 10 felony with no prior convictions relating to the manufacture, cultivation, or distribution of a controlled substance to participate in the SB 123 Program.

Education

Omnibus Education Bill

House Sub. for SB 113 contains appropriations for the Kansas State Department of Education of $4.4 billion State General Fund (SGF) for FY 2023; $4.6 billion SGF, including an additional $7.5 million SGF for Special Education for FY 2024; and an additional $15.0 million SGF for special education for FY 2025. [Note: This funding is later detailed on p. 7.]

KSEEA Amendments. The bill, among other provisions, amends the Kansas School Equity and Enhancement Act to modify low and high enrollment weightings for school districts that attach territory of a disorganized school district or accept students that attended a school building closed in the previous year. The bill extends the high density at-risk weighting sunset to July 1, 2027.

Mill Levy. The bill also extends the 20 mill property tax levy on taxable tangible property of the school district to include the 2023-2024 and 2024-2025 school years.
Low-income Students Scholarship. The bill reduces student eligibility requirements for the Scholarship Program to 250 percent of poverty and increases the tax credit provision to 75 percent of contributions.

School District Property and Participation in Activities. The bill provides the Legislature with the right of first refusal to acquire school district real property. It also authorizes certain nonpublic students to participate in activities regulated by the Kansas State High School Activities Association.

Special Education Finance. The bill creates a Special Education and Related Services Funding Task Force.

School Activities, Policies, and Building Closures

Senate Sub. for HB 2138 requires each local board of education to adopt a policy regarding separate overnight accommodations for students of each biological sex during school-sponsored travel, provides for administrative review by the State Board of Education for the permanent closure of a school building, and permits local broadcasters to broadcast a school’s regular or postseason activities under certain criteria.

Fairness in Women’s Sports Act

HB 2238 creates the Fairness in Women’s Sports Act and requires interscholastic, intercollegiate, intramural, or club athletic teams or sports sponsored by public educational entities or any school or private postsecondary educational institution whose students or teams compete against a public educational entity to be expressly designated based on biological sex.

Elections & Ethics

Campaign Finance Act Reform

House Sub. for SB 208 amends the Campaign Finance Act (Act) regarding procedures of the Kansas Governmental Ethics Commission.

Governmental Ethics Commission. The bill establishes the deadline for bringing any action before the Commission at five years after the act in question. The bill also directs the Commission to create standards by which Commission members, employees, or affiliates are to recuse themselves from matters affecting the ability of the Commission to fairly enforce the Act. Duties of confidentiality regarding the complaints and proceedings apply only to members of the Commission, the Executive Director, and Commission employees.

Subpoena Procedures. The bill authorizes the Commission to apply to the Shawnee County District Court for an order to administer oaths and affirmations, subpoena witnesses, and take evidence, among other things. The bill also requires any person ordered to testify or produce documents to be informed that they have a right to counsel; the judge must appoint counsel if the person is indigent and requests counsel.
Commission Hearing Procedures. Hearings conducted under the Act must comply with provisions of the Kansas Administrative Procedure Act (KAPA) and the Kansas Code of Civil Procedure. Respondents may request any hearing and pre-hearing procedure to be heard before a presiding officer from the Office of Administrative Hearings and conducted as prescribed by KAPA.

Presidential Preference Primary

Senate Sub. for HB 2053 provides for a presidential preference primary, and establishes voter registration and voting procedures for such election.

2024 Presidential Preference Primary Election. The bill requires each recognized political party currently participating in primary elections to hold a presidential preference primary election to elect nominees for President and Vice President of the United States on March 19, 2024. A political party may opt out by submitting written notice to the Secretary of State (Secretary) by December 1, 2023.

Candidate for a Political Party Nomination. Each candidate for a political party nomination for U.S. President must file the appropriate registration information with the Federal Election Commission and file with the Secretary at least 60 days prior to the primary election, either a declaration of intent with a fee of $10,000; or a petition signed by at least 5,000 registered electors affiliated with the candidate’s party.

Election Procedures. The bill amends various provisions of election law including setting deadlines for requesting an advance ballot for the primary election, closing voter registration for 30 days before this primary, and requiring the County and State Boards of Canvassers to meet and canvass within 8 days after such primary election, among other changes.

Federal & State Affairs

State Land Fossil

SB 3 designates Silvisaurus condrayi as the official state land fossil.

Concealed Carry License Fees

House Sub. for SB 116 removes certain fees paid by persons applying for or renewing a concealed carry license. No fees must be paid except to cover the cost of taking fingerprints.

Tobacco 21

HB 2269 raises the minimum age to 21 to sell, purchase, or possess cigarettes, electronic cigarettes, or tobacco products.

Financial Institutions & Insurance

Kansas Travel Insurance Act; State Employee Health Plan Changes

SB 85 enacts the Kansas Travel Insurance Act to address the licensure and registration of limited lines travel insurance producers and travel retailers, establish a premium tax for travel insurers, regulate the sale and marketing of travel insurance and travel protection plans, provide for travel administrators, and establish standards for travel insurance policies. The bill also removes the requirement that the State Employee Health Plan offer, as a benefit, the option to purchase long-term care insurance and indemnity insurance.

Premium Tax, Surplus Lines

HB 2090, among other things, amends a provision in the Insurance Code pertaining to the premium tax assessed for surplus lines business transacted on behalf of insureds (policyholders) whose home state is Kansas. The bill amends the tax rate licensed agents are required to collect and pay to the Commissioner from 6.0 to 3.0 percent of the total gross premiums charged, less any return premiums, beginning January 1, 2024.

Health

Fentanyl-related Definitions and Penalties

SB 174, among other provisions, amends various statutes regarding fentanyl- and drug-related matters.

Definitions. The bill amends the definition of “manufacture” to include placing a controlled substance into a pill or capsule form and the definition of “drug paraphernalia” to exclude tests used to detect fentanyl, ketamine, or gamma-hydroxybutyric acid (GHB). The bill adds the definition of “fentanyl-related controlled substances” in the Kansas Criminal Code to include certain Schedule I and Schedule II controlled substances.

Increased Penalty. The bill amends the crime of manufacturing a controlled substance to increase the manufacturing of a fentanyl-related controlled substance to a drug severity level 1 felony.

Defining Biological Sex

SB 180 establishes the Women’s Bill of Rights to define an individual’s “sex” as the sex at birth, either male or female. The terms “woman” and “girl” refer to human females and the terms “man” or “boy” refer to human males. The bill states that with, respect to biological sex, separate accommodations are not inherently unequal. Distinctions between the sexes must be considered substantially related to the governmental objectives of protecting the health, safety, and privacy of individuals in athletics; prisons or other detention facilities; domestic violence centers; rape crisis centers; locker rooms; restrooms; and other areas of separate accommodations.

Charitable Event and Demonstration Permits; Exemptions

HB 2125 allows the Kansas State Board of Cosmetology to issue permits to provide tattooing, cosmetic tattooing, and body piercing services at special events in Kansas. Board-licensed individuals may be granted a permit, valid for up to 30 days, to provide services at charitable events.

Demonstration permits are valid for up to 14 days and may be granted to individuals either licensed by the Board or who meet additional requirements. The bill also exempts adult care homes and long-term care units of medical care facilities from certain statutes and rules and regulations governing barbering and cosmetology licensure and inspections.

Human Services Update

HB 2184 and SB 25 include these reimbursement and policy adjustments for FY 2024:

  • Provides coverage through the Children’s Health Insurance Program for children residing in a household having a gross household income at or below 250 percent of the federal poverty guidelines;
  • Directs the Kansas Department for Aging and Disability Services (KDADS) to certify community mental health clinics to transition to certified community behavioral health clinics based on readiness, rather than the statutory schedule, transitioning nine by July 2023, and the final eight by July 2024; and
  • Requires KDADS to submit to the Centers for Medicare and Medicaid Services, an initial application for a community support waiver for individuals with intellectual and developmental disabilities.

SB 25 also extends, by proviso, the Mental Health Intervention Team Pilot Program (established in 2018 and extended by subsequent appropriations acts) and participation in the Health Care Stabilization Fund for certain maternity care centers (previously permitted by 2022 proviso language).

Judiciary

Electronic Tracking Devices; Protective Orders

SB 217 amends the crime of stalking to include the use of electronic tracking devices to determine a person’s location, movement, or travel patterns and amends various other law to specify when such tracking is prohibited. The bill also extends the time period in which initial protection orders and related extensions may remain effective.

Name Change in Divorce

HB 2065 allows the court, at the spouse’s request, to change a spouse’s name to a name other than their former name at or after the decree of divorce becomes final.

Childhood Sexual Abuse Statute of Limitations

Senate Sub. for HB 2127 permits a criminal prosecution for childhood sexual abuse to be commenced at any time. The bill also extends the time to file a civil action for recovery of damages resulting from childhood sexual abuse to commence no more than 13 years after the date the victim turns 18 or no more than 3 years after the date of a criminal conviction for a related crime, whichever occurs later.

Probate

HB 2027, designated as Karen’s Law, amends the “slayer rule” to prevent the distribution of estate assets to a potential beneficiary who has been arrested or charged with the felonious killing of the decedent until the criminal proceedings are resolved.

HB 2130 amends law in the Kansas Probate Code concerning certain dollar amount limits and thresholds referenced in the Code. Increased dollar amount limits include what may be received by a decedent’s surviving spouse or children; two-year transfer amount threshold; homestead allowance; small estate caps for personal property; estate caps for petitions for refusal of letters of administration; and supplemental elective share.

The bill also changes the effect of transfer-on-death deeds filed on or after July 1, 2023 for real estate when a grantee beneficiary dies prior to the death of the record owner. The filing of wills in court would also allow a copy of a decedent’s will to be filed and admitted to probate.

Scrap Metal Theft Reduction Act—Catalytic Converters

HB 2326 specifies “regulated scrap metal” under the Act includes catalytic converters and prohibits scrap metal dealers from purchasing any catalytic converter that has a defaced or altered identification number or any by-product or dust containing platinum, palladium, or rhodium.

Retirement

ESG Criteria for Public Investments
HB 2100 creates the Kansas Public Investments and Contracts Protection Act, prohibiting state agencies and other political units from favoring or disfavoring companies based on environmental, social, and governance (ESG) criteria in the procuring or letting of contracts; requires fiduciaries of the Kansas Public Employees Retirement System (KPERS) to act solely in the interest of its participants and beneficiaries, including following proxy voting conditions; restricts state agencies from adopting ESG criteria or requiring any person or business to operate in accordance with such criteria; provides for the Attorney General to enforce the Act; and indemnifies KPERS respecting actions taken in compliance with the Act.

KP&F Affiliation; DROP Expansion

HB 2196 authorizes the affiliation of certain persons employed by the Kansas Department of Wildlife and Parks into the Kansas Police and Firemen’s (KP&F) Retirement System on July 1, 2023, and expands the defined membership of the Deferred Retirement Option Program (DROP) to include any DROP-eligible member of KP&F (eligibility was previously limited to certain Kansas Bureau of Investigation and Kansas Highway Patrol employees). The bill also extends the sunset date for DROP to January 1, 2031.

Social Services

Child Care Subsidy and Food Assistance Requirements

HB 2094 requires parents receiving or applying for a child care subsidy be subject to periodic child support compliance reviews in order to receive assistance. The reviews must occur upon application for a child care subsidy, after 12 months of continuous eligibility for the subsidy, and following 12 months of continuous eligibility when the Secretary for Children and Families renews or redetermines a parent’s eligibility.

The bill also requires non-exempt individuals who are between the ages of 50 and 59 and who do not have dependents to participate in an employment and training program in order to receive assistance under the federal Supplemental Nutrition Assistance Program.

State Finances

State Budget

HB 2184 (Mega Bill), SB 25 (Omnibus Bill), and SB 113 (Education Budget Bill) include adjusted funding for fiscal year (FY) 2023 and funding for FY 2024 for all state agencies. HB 2184 also includes various claims against the State.

Included in the FY 2023 Budget:

The FY 2023 revised budget totals $24.7 billion, including $9.1 billion from the state general fund (SGF). The approved budget is an all funds increase of $2.2 billion, or 9.8 percent, and a SGF increase of $952.5 million, or 11.6 percent, above FY 2022 actual expenditures. The approved budget includes full-time equivalent (FTE) positions totaling 41,979.1.

Major adjustments include:

Agriculture. Deletes $125.4 million, including $25.5 million SGF primarily for decreases in the Kansas Department of Health and Environment laboratory construction costs.
Education. Adds $546.6 million, including $368.6 million SGF.

Caseloads. Adds $383.0 million, including $352.8 million SGF.

Regents and Universities. Adds $251.7 million, including $163.0 million SGF. The SGF increase includes $45.0 million for capital renewal and demolition projects and $19.0 million for the Comprehensive Grant program.

General Government. Adds $92.8 million from all funds, but deletes $167.3 million SGF.
Caseloads. Adds $28.8 million for revised sports wagering revenue.

Kansas Department of Commerce. Adds $10.0 million SGF for World Cup Planning and Area Improvements.

Office of the State Treasurer. Adds $52.0 million SGF to an investment fund for water storage debt payments associated with Milford and Perry reservoirs.

Human Services. Adds $646.9 million, including $621.5 million SGF.

Caseloads. Adds $57.7 million from all funds, but deletes $53.8 million SGF, for human services caseloads from FY 2022 actual expenditures.

Kansas Department of Labor. Adds $20.5 million SGF to modernize the Unemployment Insurance system.

Kansas Department of Health and Environment. Adds $58.3 million from ARPA funds for pandemic child care development block grants.

Kansas Department for Aging and Disability Services. Adds $517.9 million, including $413.8 million SGF.

Larned State Hospital. Adds $10.4 million SGF for contract nursing.

Public Safety. Adds $90.9 million, including $71.3 million SGF.

Kansas Department of Corrections. Adds $46.2 million, including $80.3 million SGF. Increases are primarily attributable to the pay plan.

Transportation. Adds $781.0 million, all from special revenue funds primarily for third-year expenditures for the Eisenhower Legacy (IKE) Transportation Plan.

SGF Transfers. Transfers $600.0 million to the Budget Stabilization Fund.

Included in the FY 2024 Budget:

The FY 2024 budget totals $23.7 billion, including $9.5 billion SGF. The approved budget is an all funds decrease of $1.1 billion, or 4.3 percent, but an SGF increase of $317.6 million, or 3.5 percent, from the FY 2023 revised budget. The approved budget includes 42,163.4 FTE positions.

Major adjustments include:

Agriculture. Adds $1.4 million from all funds, but deletes $45.8 million SGF.

Kansas Water Office. Adds $18.0 million from the State Water Plan Fund and authorizes certain transfers from the fund to the Kansas Department of Wildlife and Parks and the University of Kansas.

Education. Deletes $90.3 million, but adds $79.4 million SGF.

K-12 Caseloads. Deletes $74.6 million, but adds $63.9 million SGF.

Kansas State Department of Education. Deletes $15.7 million from all funds, but adds $15.5 million SGF, including $3.0 million SGF for the Mental Health Intervention Pilot program and $7.5 million SGF above the Special Education Services Aid base amount.
Regents and Universities. Adds $244.3 million, including $82.7 million SGF, including $142.0 million from ARPA funds for the Kansas State University and Wichita State University Health Science Center joint project and $14.3 million SGF for community colleges to expand registered apprenticeships, technical education, business, and industry partnership.

General Government. Deletes $395.0 million, including $44.2 million SGF.

Caseloads. Adds $36.0 million for revised sports wagering revenue.

Office of the Governor. Directs the agency to post on a searchable website any grant applied for or awarded by any agency related to the ARPA–State Fiscal Recovery Fund.
Human Services. Deletes $168.8 million from all funds, but adds $127.0 million SGF.
Caseloads. Adds $132.5 million SGF to implement revised human services caseloads estimates.

Department for Children and Families. Deletes $143.3 million from the DCF due to exhaustion of pandemic assistance for child care and other programs.

Kansas Department for Aging and Disability Services. Adds $180.5 million, including $90.8 million SGF.

Public Safety. Deletes $43.1 million, but adds $5.9 million SGF.

Kansas Department of Corrections. Adds $8.7 million, including $24.9 million SGF.
Transportation. Deletes $676.4 million, all from special revenue funds. Reductions are primarily due to fourth-year expenditures for the IKE Transportation Plan.

State Employee Pay. Adds $120.0 million, including $46.0 million SGF, to provide salary adjustments to state employees based on the Department of Administration Market Survey.

FY 2024 Approved State General Funde Budget by Function of Government
FY 2024 Approved State General Fund Budget by Major Purpose

Water Funding

Senate Sub. for HB 2302 appropriates $52.0 million SGF to an account in the State Treasury for investment in U.S. Treasury bills; upon certain economic factors, the moneys would be divested and used to repay the debt on Milford and Perry reservoirs.

The bill transfers $35.0 million SGF to the State Water Plan Fund on July 1, 2023, on which the Kansas Water Authority is authorized to make recommendations to the Legislature.

The bill also establishes two funds, both administered by the Kansas Water Office, that may be used for various projects and expenditures detailed in the bill.

State & Local Government

Housing Incentives

SB 17 updates the designation of and references to the Kansas Rural Housing Incentive District Act to the Kansas Reinvestment Housing Incentive District Act and creates certain housing projects criteria in designated cities with a population of 60,000 or more; expands the list of costs in the RHID Act that could be paid for by proceeds of special obligation bonds; and expands the transferability of tax credits that could be issued under the Kansas Housing Investor Tax Credit Act.

Water System Repayments

SB 120 allows the Secretary of Health and Environment to adopt rules and regulations authorizing the replacement of portions of public water supply distribution systems and extend the repayment period to the State from 20 years to 30 years.

Legislator and Elected Official Compensation

House Sub. for SB 229, among other things, creates a nine-member Legislative Compensation Commission to study and make recommendations on compensation, salary, and retirement benefits of legislative members. The Commission must meet prior to the 2024 legislative session and provide a salary recommendation for legislators taking office in 2025.

The bill also establishes new compensation rates for the Governor, Lt. Governor, Attorney General, Secretary of State, State Treasurer, Commissioner of Insurance, judges, and certain elected district attorneys. Salaries are equal to a percentage of those for a U.S. congressional member, a U.S. district judge, or a district judge, depending on the position.

IT Security and Project Oversight

HB 2019 creates requirements for reporting significant cybersecurity incidents by entities maintaining personal information provided by or operated by the State to the Kansas Information Security Office. The bill authorizes the Executive Branch Chief Information Security Officer to establish cybersecurity standards and policy for state agencies and creates requirements for cybersecurity training and assessments.
The bill also modifies the role of the Joint Committee on Information Technology by allowing the committee to advise and consult on state IT projects that meet a new business risk standard.

Taxation

Sales Tax Exemptions and Local Authority, Electronic Delivery of Property Tax Documents

HB 2002, among other provisions, creates sales tax exemptions for Kansas Suicide Prevention HQ and for not-for-profit Area Agencies on Aging.

The bill extends additional sales tax authority of up to 2 percent to Grant County for a jail or law enforcement center and up to 0.25 percent to Dickinson County for public safety. The sales taxes require voter approval.

The bill also authorizes counties to electronically deliver property classification and valuation notices and property tax statements to consenting taxpayers.

SGF Tax Revenue FY 2023 Final Estimate

The SALT Parity Act, enacted by the 2022 Kansas Legislature, allows pass-through business entities to elect to have state income taxes paid by the entity, rather than individual owners. This policy, which allows Kansas taxpayers to maximize the amount of income deducted from federal income tax, results in a shift of receipts from individual income tax to corporate income tax, beginning in FY 2023.

Transportation

Build Kansas Matching Grant Funds

SB 25, among other things, adds a total of $215.0 million from the SGF for the Build Kansas Matching Grant Fund Program, to provide matching funds to local entities for projects eligible under the federal Infrastructure Investments and Jobs Act for FY 2024 to FY 2027. Such projects must address infrastructure needs, including for water, transportation, energy, cybersecurity, or broadband. (A means test will determine whether the local community is eligible and has demonstrated need.) These requests are subject to review by the Build Kansas Advisory Committee created by the bill.

Driver Employment Status

HB 2020 amends law pertaining to the employment classification of drivers for motor carriers and transportation network companies (TNCs), clarifying that a requirement for or use of a motor carrier safety improvement does not affect the worker status of a driver.

The bill also establishes in the Kansas Transportation Network Company Services Act that a TNC driver is an independent contractor and not an employee when the TNC agrees to the arrangement with the driver in writing and does not restrict certain aspects of the driver’s work.

Counterfeit Airbags

HB 2147 adds law to prohibit counterfeit airbags. It creates the crime of knowingly or intentionally manufacturing, importing, distributing, selling, offering for sale, installing, or reinstalling a device intended to replace a supplemental restraint system component in a vehicle if the device is counterfeit, a nonfunctional airbag, or an object not designed in accordance with federal safety regulations for the specific vehicle. The bill also changes procedures regarding selling a vehicle that had been towed and authorizes certain ground effect lighting on vehicles.

Rail Service Improvement Fund

HB 2335 authorizes the Rail Service Improvement Fund to be used for qualified track maintenance and financing, acquisition, or rehabilitation of railroads and rolling stock. On July 1, 2023, transfers from the State Highway Fund to the Rail Service Improvement Fund will increase from $5.0 million to $10.0 million annually.

The bill restricts the definition of qualified entities to class II or class III railroads (short line railroads), or any owner or lessee industry track, as defined in federal law, located on or adjacent to a class II or class III railroad in Kansas. The bill also defines “qualified track maintenance.”

License Plates

HB 2346 authorizes “Back the Blue” and City of Topeka distinctive license plates starting January 1, 2024, and permits, on and after January 1, 2025, any distinctive license plate to also be a personalized plate. Fees for the new plates will benefit the Kansas Chapter of Concerns of Police Survivors and the Greater Topeka Partnership Inc. The fee for a license plate that is both distinctive and personalized will be $40, double the fee for a personalized plate.

Utilities & Telecommunications

Wind Turbine Light Mitigation

SB 49 requires the installation of a light-mitigating technology system in new and existing wind turbines upon approval of the Federal Aviation Administration. The bill establishes requirements for system vendors and authorizes a county to enter into agreements with a developer, owner, or operator of wind turbines. The bill requires new wind turbines, on and after July 1, 2023, to have a system installed. Existing wind turbines would be required to install a system on and after January 1, 2026, upon execution of a new power offtake contract. Counties are allowed to issue revenue bonds for the purpose of equipping a system.

Utility Cost Recovery

HB 2225 authorizes an electric utility regulated by the Kansas Corporation Commission to recover costs associated with the transmission of electric power through a transmission delivery charge and requires public utilities to evaluate the regional rate competitiveness and impact to economic development in rate proceedings.

Veterans & Military

1st Kansas (Colored) Voluntary Infantry Regiment Mural

SB 39 provides for development of a mural in the Statehouse honoring the 1st Kansas (Colored) Voluntary Infantry Regiment and establishes a fund for such purpose.

Veterans Residency Status

SB 123 allows a veteran, their spouse, or their dependents, who were stationed in Kansas for at least 11 months during service in the armed forces, to be deemed a resident of Kansas for purposes of tuition and fees at a college or university. [Note: Additional bill provisions are addressed in Workforce.]

Workforce

Interstate Teacher Mobility Compact and Verified Electronic Credentials

SB 66 enacts the Interstate Teacher Mobility Compact to establish a new, expedited pathway to licensure. The bill also requires state licensing bodies to provide paper-based and verified electronic credentials to all license holders through a centralized electronic credential data management system.

Kansas Adult Learner Grant; CTE

SB 123 creates the Kansas Adult Learner Grant Act, which provides up to $3,000 per semester to eligible students who, among other qualifications, are enrolled in an eligible program at an eligible postsecondary institution. Recipients who successfully complete the grant-eligible program can receive a tax credit of up to $1,500.

The bill also establishes the Career and Technical Education (CTE) Credential and Transition Incentive for Employment Success Act, which requires all school districts and colleges that offer CTE to pay assessment and examination fees required to obtain the credential associated with the CTE program. The bill also provides for additional eligible fields of study under the Kansas Promise Scholarship Act.

Physician Sports Waiver; Vaccine Administration; BSRB Licensure

Sub. for SB 131 permits the Board of Healing Arts to issue a sports waiver to certain out-of-state health care professionals traveling with a sports team; adds pharmacy technicians who meet certain requirements to the list of those authorized to administer vaccines; and modifies requirements for some license types, creates temporary licensure categories, and creates an expedited application process for professions licensed by the Behavioral Sciences Regulatory Board (BSRB).

Post-Secondary Institutions and Loan Programs

Senate Sub. for HB 2060 amends law relating to the State Medical Student Loan Program and the Medical Residency Bridging Program and establishes an obstetrics and gynecology medical loan repayment program. The bill also, among other things, requires reasonable accommodations for qualified students under the AO-K to Work Program and modifies the calculation and distribution of performance-based payments for community and technical colleges.

Embalmer Apprenticeship

HB 2262 amends educational requirements for embalmers to allow an applicant for a license to practice embalming to complete either a full apprenticeship, with all 12 months completed after graduation from a school of mortuary science, or a split apprenticeship, with the 12-month period split into two continuous 6-month periods with one period completed prior to enrolling in a mortuary science school and one completed after graduation.

Counseling Compact

HB 2288 establishes the Counseling Compact to facilitate interstate practice of licensed professional counselors. The Compact will provide for interstate practice in participating states for professional counselors under a single license when uniform licensure requirements are met. The Compact also provides for use of telehealth technology and support for relocating active duty military or their spouses who hold privilege to practice in a member state.

Kansas Apprenticeship Act; Engineering Grants

HB 2292 creates the Kansas Apprenticeship Act, which establishes a tax credit and grant programs to incentivize apprenticeships, and creates a matching grant program to provide grants to colleges and universities based on the number of engineering program graduates.

2023 Legislative Session At-A-Glance

Bill Information

Senate bills introduced in the 2023 Session326
Senate bills carried over to the 2024 Session284
House bills introduced in the 2023 Session474
House bills carried over to the 2024 Session371

Bills Considered in 2023 Session That Became Law:

House Bills65
Senate Bills33
Percentage of Bills that became law12.3%
Senate Days in Session88
House Days in Session84

Fiscal Information for FY 2023

Estimated State General Fund Revenue
(Dollars in Millions)

Income Taxes$6,029.0
Excise Taxes$3,879.3
All Other($678.2)
Total$9,230.1

Estimated State Budget
(Dollars in Millions)

State General Fund $9,280.3
All Other $15,585.0
Total$24,865.3

2022 Population Estimate
2,937,150

Committee Reports to the 2023 Kansas Legislature

Foreword

In the 2022 Interim, the Legislative Coordinating Council appointed eight special committees to study ten study topics and authorized meetings of one special committee and one task force created pursuant to provisions in one of the 2022 appropriations bills (House Sub. for Sub. for SB 267 and HB 2510). Legislation recommended by the committees will be available in the Documents Room early in the 2023 Session. Such legislation will also be available on the Kansas Legislature’s website at: http://kslegislature.org/li/.

Joint committees created by statute met in the 2022 Interim as provided in the statutes specific to each joint committee. Several of the joint committees have reported on their activities, and those reports are contained in this publication. Legislation recommended by these committees will be available in the Documents Room early in the 2023 Session. Such legislation will also be available on the Kansas Legislature’s website at: http://kslegislature.org/li/.

This publication also contains reports of other committees, commissions, and task forces that are not special committees created by the Legislative Coordinating Council or joint committees.

Minutes of the meetings of the special committees, joint committees, other committees, commissions, task forces, and panels are on file in the Division of Legislative Administrative Services. A summary of each reporting entity’s conclusions and recommendations may be found beginning on page ix.

Download PDFs of the Committee Reports:

Individual Reports from Committees (published in Vol. 1):

  • Special Committee on Education (PDF)
  • Capitol Preservation Committee (PDF)
  • Legislative Task Force on Community and Technical College State Funding (PDF)
  • Joint Committee on Corrections and Juvenile Justice Oversight (PDF)
  • Joint Committee on Fiduciary Financial Institutions Oversight (PDF)
  • Health Care Stabilization Fund Oversight Committee (PDF)
  • Joint Committee on Information Technology (PDF)
  • Special Committee on Intellectual and Developmental Disability Waiver Modernization (PDF)
  • Joint Committee on Kansas Security (PDF)
  • Special Committee on Medical Marijuana (PDF)
  • Joint Committee on Pensions, Investments and Benefits (PDF)
  • Kansas Senior Care Task Force (PDF)
  • Joint Committee on State Building Construction (PDF)
  • Special Committee on State Employee and Board Member Compensation (PDF)
  • Special Committee on Taxation (PDF)
  • Special Committee on Water (PDF)
  • Special Committee on Workforce Development (PDF)

Individual Reports from Committees (published in Supplement):

  • Special Committee on Mental Health Beds (PDF)
  • Joint Committee on Child Welfare System Oversight (PDF)
  • Robert G. (Bob) Bethell Joint Committee on Home and Community Based Services and KanCare Oversight (PDF)
  • Legislative Budget Committee (PDF)

Budget Analysis FY 2024

The Fiscal Year 2024 Budget Analysis is provided to assist the Legislature in the review of agency budget requests and the Governor’s budget recommendations for fiscal years 2023 and 2024.

This report contains the individual analyses of state agency budgets, including the agency budget requests and the Governor’s recommendations. The Legislative Research Department’s analysis pertains to the Governor’s recommendations as originally reported in Volumes 1 and 2 of the Governor’s Budget Report as submitted to the Legislature.

This document groups agencies by the function of government into which each agency is classified. There are six functions of government into which agencies are grouped, with similar agencies grouped that share similar basic purposes.

Volume I of this publication contains the Overview of the FY 2024 Governor’s Budget Report and agencies in General Government.

Volume II of this publication contains agencies in Agriculture and Natural Resources, Education, Human Services, Public Safety, and Transportation.

Download PDFs of the reports here:

Community Supervision

Lindsay Archer
Research Analyst
Lindsay.Archer@klrd.ks.gov
785-296-4440

Meredith Fry
Research Analyst
Meredith.Fry@klrd.ks.gov
785-296-7882

Natalie Nelson
Principal Research Analyst
Natalie.Nelson@klrd.ks.gov
785-296-4418

In Kansas, three entities comprise the community supervision structure: Court Services, Community Corrections, and Parole Services.

Parole Services supervises offenders released from Kansas correctional facilities on parole, post-release supervision, or conditional release. This article will focus on the functions of Court Services and Community Corrections and how they compare to each other.

Court Services

One of the duties delegated to the Office of Judicial Administration (OJA) by the Kansas Supreme Court includes trial court support. Court Services Officers (CSOs), often referred to as probation officers, supervise a large population of lower-risk offenders in Kansas.

The purpose of Court Services is to carry out the orders of the district court in a timely, professional, and ethical manner, consistent with community interests. The roles and duties of Court Services and its personnel are governed by state law, administrative rule, and local court policy. According to the Kansas Association of Court Services Officers, the CSOs’ primary role of service is accountability to the court and the court process.

The duties of CSOs vary. In general, CSOs supervise the probation of adult and juvenile offenders, work with children in need of care, research and write pre-sentence investigation reports, and perform other duties as directed by the district court.

Community Corrections

Community Corrections seeks to supervise and assist high-risk people convicted of felony offenses to address substance abuse and mental illness. Community Corrections focuses on public safety, helping people make changes to reduce criminal behavior, and reducing admissions to prison facilities. Community Corrections is a state and local partnership in which county departments are funded by the State through grants from the Kansas Department of Corrections (KDOC).

Community Corrections is composed of county employees working under the direction of local boards of county commissioners who supervise higher-risk adults and youth assigned by the court for intensive supervision probation.

Court ServicesCommunity Corrections
Governing BranchJudicialExecutive
Associated AgencyOJAKDOC
County – StateStateCounty
Crime LevelLow-risk Felony Probation; Misdemeanor ProbationModerate and High Risk

Felony Probation

Dual Supervision Legislation

An issue that has arisen with the current supervision structure in Kansas is how to resolve conflicts that may occur when an offender is ordered to be supervised by multiple entities due to multiple convictions.

In response to a recommendation made by the Kansas Criminal Justice Reform Commission in December 2021, the 2022 Legislature passed SB 408, which provides guidance for the consolidation of supervision into one supervision entity or agency for an offender under the supervision of two or more supervision entities or agencies.

The bill amended the statute governing transfer of supervision of persons on parole, on probation, assigned to a Community Corrections program, or under a suspended sentence to allow the district court where the defendant is currently being supervised to use the guidelines to determine whether it is appropriate to transfer jurisdiction of the defendant to a different district court or retain the jurisdiction.

Funding

In 2022, the Judicial Branch reported to the Legislative Budget Committee that the 2021 Legislature provided it with funding to hire 70 additional CSOs. Those positions were filled, and the retention rate for those positions, and CSOs in general, was reported as high.

The Judicial Branch has stated that it is better situated to meet the statutorily mandated duties CSOs must perform, in addition to new criminal justice reform duties, locally originating duties, and other services CSOs provide that are designed to reduce recidivism and increase public safety.

Subsequently, KDOC stated that Community Corrections was unable to compete with the higher wages that Court Services could provide to CSOs, which would negatively impact retention of Community Corrections officers, and, ultimately, offender recidivism.
The Legislature added $2.6 million from the State General Fund (SGF) in FY 2022 and $8.4 million SGF for FY 2023 for the purpose of salary increases among Community Corrections agencies, as reflected in SB 267.

See the 2023 Briefing Book article “Board of Indigents’ Defense Services and Judicial Branch Budget Increases” on page 61 for more information.

Wind Turbine Light Mitigating Technology

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.

FAA Approval/Standards

The FAA has issued guidance to wind developers to ensure aviation and wildlife safety regarding turbine lighting and visibility in its Advisory Circular AC/7460-1M titled, “Obstruction Marking and Lighting” (https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.current/documentnumber/70_7460-1) dated effective November 16, 2020.

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.

Tracking Broadband Availability in Kansas

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.

Electric Vehicle Charging Stations in Rural Kansas

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.

Traffic Enforcement Using Cameras

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.

Additional sources include:

Authorized Use of Cameras for Law Enforcement in the U.S.

Autonomous Vehicle Regulation

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)

Autonomous Vehicle Regulation in the U.S.

Streamlined Sales and Use Tax

Eric Adell
Research Analyst
Eric.Adell@klrd.ks.gov
785-296-4404

Edward Penner
Senior Economist
Edward.Penner@klrd.ks.gov
785-296-0733

The Streamlined Sales and Use Tax Agreement (SSUTA) is a multi-state cooperative agreement intended to simplify the administration of state sales tax systems and encourage remote sellers to collect and remit sales and use taxes. Since 2003, 24 states have enacted SSUTA-conforming laws. Kansas was the first state with effective conforming legislation.

Historical Context

The SSUTA was an outgrowth of the Streamlined Sales Tax Project, created in 1999 in response to questions over states’ right to collect sales taxes from remote sellers (out-of state and/or internet retailers). With the growth of internet sales, states were seeking to combat revenue losses resulting from the shifting sales tax base and ensure equity between remote retailers and brick-and-mortar stores.

The U.S. Supreme Court ruled in National Bellas Hess, Inc. v. Illinois (1967) that collection of sales tax required a retailer to have physical contact with the state, and in Quill Corp. v. North Dakota (1992) that remote sellers, though liable for state sales taxes, could not be required to collect taxes where they lack sufficient physical presence, as requiring compliance with multiple state sales tax systems imposes an undue burden on interstate commerce in violation of the Commerce Clause.

The SSUTA is an attempt in part to remove this burden by creating a streamlined and simplified tax system in which states and retailers could voluntarily participate.

Relevant Legislation and Recent Events

SB 472 (2002) and HB 2005 (2003) enacted provisions bringing Kansas into conformity with the SSUTA (KSA 79-3666 through 79-3682).

The Bellas Hess and Quill rulings were overturned in the 2018 South Dakota v. Wayfair, Inc. ruling that remote sellers can be required to collect sales tax if they have “sufficient economic nexus” in the state. South Dakota’s participation in the SSUTA was one of the reasons given by the Court as evidence the South Dakota law did not violate the Commerce Clause.

Kansas began requiring registration of remote sellers in 2019. Prior to 2021, Kansas was one of three states without a provision requiring marketplace facilitators (entities facilitating internet sales through a physical or digital marketplace) to collect and remit sales tax; 2021 SB 50 required marketplace facilitators with more than $100,000 of annual sales sourced into Kansas to collect and remit sales taxes.

Streamlined Conformity Requirements

To provide a simplified tax system, the SSUTA requires member states to agree to certain rules in the administration of their sales and use taxes. These requirements include, among other things, rules related to sourcing of taxable sales, uniform definitions, and the retention of certain proceeds by certified service providers.

Destination Sourcing

The SSUTA generally requires member states to adopt statutes requiring destination sourcing for sales tax purposes. This requirement means that for taxable sales where the purchased product or service is not received by the purchaser at the business location of the seller, the tax will be applied and collected as if the sale occurs where the product or service is received by the purchaser.

Uniform Definitions

The SSUTA includes a library of definitions and generally requires that, if a member state uses a term appearing in the library of definitions within its sales and use tax statutes, it must use the definition of that term provided for by the SSUTA library of definitions. This provision does not require a state to use all terms in the library of definitions, but does require uniformity in the definition of those terms if they are used.

Certified Service Providers

To reduce compliance burdens on remote sellers, the SSUTA provides for Certified Service Providers (CSPs) to perform sales and use tax functions on behalf of sellers. Member states are generally required to allow CSPs to retain 5 percent of the first $500,000 of tax owed to the state and 2 percent of all additional tax owed to the state each year. In 2021, CSPs retained $2.0 million of sales and use tax that otherwise would have been due to the state of Kansas.

Streamlined Sales and Use Tax Agreement Member States