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KFB Bill Track

KFB Bill Track

Below are the bills KFB will be tracking for the 2018 legislative session. You can click on the Bill Number (ex: SB 46) to view more information on kslegislature.org

Bill Number and Sponsor

Current Status

Sub for SB 27

Sponsored by: Senate Way and Means Committee

Current Status: In Senate Ways and Means

 

 

Appropriation revisions for FY 2017, FY 2018 and FY 2019 for various state agencies


SB 36

Sponsored by: Senate Transportation Committee

Current Status: Approved by Governor

 

 

Concerning definitions and regulations relating to motor carriers

Brief*

SB 36 would amend law related to commercial motor vehicles.

The bill would remove various definitions related to commercial motor vehicles from the statutes and replace references to those terms with references to definitions in the Code of Federal Regulations (CFR) as of July 1, 2017, or any later version established in rules and regulations of the Kansas Corporation Commission (KCC). The bill also would replace references to definitions in “rules and regulations adopted by” the KCC with the same reference to the CFR or later version as adopted by the KCC in rules and regulations.

The bill would clarify the KCC authority to regulate motor carriers by specifying authority for only those that operate vehicles meeting the definition of “commercial motor vehicle.”

The bill would repeal a registration fee for vehicles of certain interstate motor carriers that transport commodities.


SB 46

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: Approved by Governor

 

 

Water conservation area findings, notice and management plans

Brief*

SB 46 would amend law pertaining to a water right holder’s options for remedy of a water impairment and the administrative procedure available to a water right holder. Additionally, the bill would amend law as it relates to water conservation areas (WCAs).

Administrative Remedy for Water Right Impairment

The bill would require any person with a valid water right or permit to divert and use water to first exhaust the administrative remedies available to the person before seeking a court-ordered injunction to stop the impairment of the person’s water right by the activity of another entity without prior right to the same water.

Additionally, the bill would amend law pertaining to administrative remedies available to allow claimants to submit complaints to the Chief Engineer of the Division of Water Resources (DWR), Kansas Department of Agriculture (KDA), indicating their water rights are being impaired by an entity without prior right to the same water, and require the Chief Engineer to handle complaints in the following manner:

  • Initiate an investigation within two weeks of a complaint and notify the parties so they may have an opportunity to submit relevant information; and
  • Complete an investigation within 12 months of the date the complaint was received. The Chief Engineer would be authorized to extend the investigation for good cause by notifying the parties in writing of the amount of time needed to complete the investigation.

Following the investigation, the Chief Engineer would be allowed to issue an order that limits, curtails, or prevents the diversion of water by any person without a prior right to the same water that otherwise disposes of the complaint.

Finally, the complainant would be allowed to petition the Chief Engineer to issue a temporary order, to be in effect until a final order is issued, to limit, curtail, or prevent the diversion and use of water by any person without a prior right to the same water as the complainant if the Chief Engineer finds limiting, curtailing, or preventing diversion and the use of water would not be adverse to public interest.

Posting Applications and Orders; Notice

The bill would require the KDA to post all complete applications and orders issued by the DWR regarding WCAs on its official website. The bill also would require the DWR, in conjunction with the groundwater management district (GMD) within which a water right is situated, to notify appropriate water right owners of a water right pending request or application relating to WCAs.

Management Plan to Establish a WCA

The bill would require the following be included in the management plan of a WCA, in addition to what is already required by current law: a finding or findings that the area within the geographic boundaries listed in the water management plan has been closed to new appropriations by rule, regulation, or order of the Chief Engineer.

The bill would clarify that one or more of the corrective control provisions provided in current law would need to be included in the management plan.

Flexibility in Water Authorized

The bill would allow the Chief Engineer to authorize a management plan that allots water authorized by existing water rights in order to provide flexibility in the management of water resources. This would be subject to the following limitations:

  • The management plan would be limited to the WCA term;
  • The management plan could allow, in any given calendar year, the water use of an individual water right or rights to exceed the annual authorized quantity of the individual water right or rights participating in the management plan, provided the water use would not exceed the total annual authorized aggregate quantity and rate of all the water rights participating in the management plan in any given year;
  • The authority granted through the management plan would supersede the participating water rights during the term of the WCA or until the management plan is suspended by the Chief Engineer; and
  • For purposes of determining priority, the management plan would be assigned the priority date of its effectiveness.

The bill would provide that, as a part of the consent agreement and order of designation, the Chief Engineer could include use of multi-year flex accounts.

Water Right Impairment

The bill would prohibit a management plan authorized under a WCA from impairing any water right. If an impairment occurs, the Chief Engineer, following a complaint and investigation, would be authorized to suspend operation of the WCA. In this event, each participating water right could be operated in accordance with its permitted terms and conditions as in effect prior to the operation of the WCA. Upon conclusion of the Chief Engineer’s investigation and finding of impairment, the Chief Engineer could terminate the WCA or modify the WCA, subject to consent of the participating water right owners.

WCA Boundary Notification

The Chief Engineer would be required to provide notification to all water right owners with a point of diversion within half a mile, or farther if necessary, of the boundaries of a WCA. Notification would include a reference to an electronic publication of the management plan and any relevant technical analysis.

Perfecting Water Rights; GMDs

The bill would prohibit a water right from being perfected pursuant to a WCA. In addition, nothing in Section 4 of the bill would be construed as limiting or affecting any duty or power of a GMD granted to a district by the Kansas Groundwater Management District Act.

Conference Committee Action

The Conference Committee agreed to remove Section 1 of SB 46, as amended by the House Committee of the Whole, which provided for a definition of “impairment.” The Conference Committee also retained a House Committee on Agriculture amendment to clarify that multi-year flex accounts would be in addition to any water management plan.


SB 47

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: Stricken from Calendar in House

 

 

Amending the Kansas pet animal act

Brief*

SB 47 would amend the Kansas Pet Animal Act (Act) in various ways.

Animal rescue networks. The bill would create two new sections in the Act for animal rescue networks (Sec. 1 and 2). It would require any person operating a network to obtain a rescue network manager license from the Animal Health Commissioner (Commissioner), would establish the duties of rescue network managers, and would require the Commissioner to adopt rules and regulations regarding animal rescue networks. The bill would also require animal shelters or rescue networks to provide notification of all regularly scheduled off-site adoption events before January 1 of each calendar year. Animal shelters or rescue networks would also be required to provide notification for any additional adoption events.

Definitions. The bill would make several modifications to the definition section of the Act (Sec. 3). Specifically, it would add clarifying language to the definitions of “adequate watering,” “animal breeder premises,” “animal shelter,” “pet shop,” “primary enclosure,” and “out-of-state distributor.” The bill would also create definitions for “rescue network,” “rescue network manager,” and “pet animal foster home,” while eliminating definitions for “hobby breeder premises,” “hobby breeder,” “retail breeder,” “retail breeder premises,” “retail,” and “wholesale.” The bill would remove the requirement of state licensees to provide veterinary care documentation to the Commissioner and the exemption for U.S. Department of Agriculture (USDA) licensees from the definition of “adequate veterinary medical care” and would insert these provisions elsewhere in the Act. It would also change the definition of “license year” or “permit year” to the 12-month period ending on September 30 and apply that change to each license and permit identified in the Act.

Foster homes. The bill would allow animal shelter licensees to utilize pet animal foster homes. Operators of animal shelters would be responsible for ensuring pet animal foster homes comply with the Act and be required to keep all records pertaining to pet animal foster homes. (Sec. 6)

License revocation. The bill would add two additional criteria for the Commissioner to suspend or revoke any license or permit issued under the Act (Sec. 7):

  • Three failed inspections within 24 months; or
  • Refusal of entry onto the licensed premises for inspection.

The bill would also prohibit a person convicted of cruelty to animals at the city, county, or federal level from receiving any license or permit that may be issued under the Act.

Inspections. The bill would make several changes to the process by which licensed facilities are inspected (Sec. 8). It would require notification of inspection for any inspection conducted for an original license. It would also require that no notification be given prior to inspections conducted for existing licenses. The bill would require the Commissioner to adopt, through administrative rules and regulations, an inspection frequency schedule. The frequency schedule would be required to take into account the performance history of a licensed premises or the risk posed by a premises to the welfare of the animals.

Also, the bill would require all licensed breeders in the state to comply with State standards of “adequate veterinary medical care” (Sec. 8). For USDA licensees, if their USDA veterinary care forms are maintained in compliance with USDA regulations, then the forms would be deemed in compliance with State standards when the forms are made available to the Commissioner or the Commissioner’s authorized, trained representative for inspection.

Disposal process. The bill would clarify the process by which licensed animal shelters may dispose of animals (Sec. 9). Currently, an animal shelter is required to keep an animal for a minimum of three full business days before disposing of the animal, whether that be through sale, euthanasia, or some other method. The bill would specify the minimum time period would not include the day the animal arrived at the animal shelter. The bill would also amend the conditions in which an animal shelter may euthanize an animal. Under current law, an animal may be euthanized if it were “diseased or disabled beyond recovery for any useful purpose.” Under the bill, an animal shelter would be able to euthanize an animal if it were “diseased or disabled beyond recovery.” The bill would also condense separate subsections regarding the disbursement of proceeds derived from the sale of animals.

Federal regulations. The bill would require the Commissioner to recognize federal regulations regarding facility operations and husbandry standards for animal breeders and animal distributors (Sec. 11). Additionally, the bill would allow the Commissioner to require USDA licensees to comply with State regulations regarding maintenance and inspection of records, identification of animals, and access to and inspection of premises.

Fees. The bill would make adjustments to the fee structure for the fees that may be prescribed by the Commissioner (Sec. 13). It would clarify the fee structure by eliminating certain fees and creating new fees. It would also replace the statutory maximums of some fees with a prescribed amount. The fee changes would be as follows:

  • Uniform fee for all animal distributors: prescribed amount of $400;
  • Uniform fee for all animal breeders: an amount not to exceed $450;
  • Uniform fee for all pet shop licenses: an amount not to exceed $600;
  • Elimination of the fee for a temporary closing permit;
  • Fee for an out-of-state distributor permit: prescribed amount of $650;
  • Elimination of hobby breeder license and kennel operator license fees;
  • Fee for a research facility: prescribed amount of $300;
  • New fee for a boarding or training premises operator license: prescribed amount of $200;
  • Fee for an animal shelter license: an amount not to exceed $550;
  • New fee for a rescue network manager license: prescribed amount of $125;
  • New fee for each animal foster home affiliated with a rescue network or animal shelter: an amount not to exceed $10, which may be paid by the rescue network or animal shelter; and
  • Late fee of $100 for any license or permit renewal received by Kansas Department of Agriculture (KDA) after September 30.

The bill would also create a no-contact fee of $80 for each no-contact inspection. It would define a “no-contact inspection” as any inspection in which the inspector could not inspect the premises on a second or subsequent consecutive attempt, because the owner or the owner’s designated representative was:

  • Not present for inspection during the day and time indicated on the owner’s application; and
  • Either unreachable by telephone at the time of the inspection or was unable to reach the premises within 30 minutes of telephone contact.

The bill would additionally create fees for re-inspection after after a failed inspection. The first re-inspection fee would be $80 and the second re-inspection fee would be $100. All moneys from re-inspection fees would be remitted to the Compliance Education Fee Fund of KDA, which would be created by the bill.

For premises that require more than one license under the conditions of the Act, the bill would require such premises to pay for the most expensive license and a $50 fee for each additional license. The bill would also allow the Commissioner to assess a civil penalty up to three times the annual license fee for any premises operating without a license or permit.

Advisory board. The bill would amend the composition of the Kansas Pet Animal Advisory Board (Sec. 15) as follows:

  • Require all members to be residents of the state;
  • Add additional language to the requirement that one member be an employee of a licensed research facility by allowing that member to be employed at a research facility operated by a public education institution in the state;
  • Require one member to be a USDA-licensed breeder;
  • Require one member who is not a USDA-licensed breeder;
  • Add clarifying language that the private citizen member be an individual not licensed under the Act and have no professional affiliation with someone licensed under the Act;
  • Eliminate the requirement that one member be a hobby breeder;
  • Require one member be a licensed rescue network manager; and
  • Eliminate the requirement any board member required to be licensed be a member of a pet animal organization that is representative of the position that person will hold on the board.

Veterinary students who spay or neuter dogs or cats. The bill would also amend the limitation that only licensed veterinarians or veterinary students at Kansas State University who have completed at least two years of study may spay or neuter a dog or cat for an animal shelter. Instead, it would allow licensed veterinarians or any veterinary students at any accredited college of veterinary medicine who have completed at least two years of study to spay or neuter a dog or cat on behalf of an animal shelter. (Sec. 17)

Effective date. The bill would be in effect upon publication in the Kansas Register.


SB 48

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In House K-12 Education Budget

 

 

Remedies for the impairment of a valid water right or permit to divert and use water

Brief*

SB 48, as amended, would require any person with a valid water right or permit to divert and use water to first exhaust the administrative remedies available to the person before seeking a court-ordered injunction to stop the impairment of the person’s water right by the activity of another entity without prior right to the same water.

Additionally, the bill would amend law pertaining to administrative remedies available to allow claimants to submit complaints to the Chief Engineer of the Division of Water Resources, Kansas Department of Agriculture (KDA), indicating their water rights are being impaired by an entity without prior right to the same water, and require the Chief Engineer to handle complaints in the following manner:

  • Initiate an investigation within two weeks of a complaint and notify the parties so they may have an opportunity to submit relevant information; and
  • Complete an investigation within 12 months of the date the complaint was received. The Chief Engineer would be authorized to extend the investigation for good cause by notifying the parties in writing of the amount of time needed to complete the investigation.

The bill would allow the Chief Engineer, following the investigation, to issue an order that limits, curtails, or prevents the diversion of water by any person without a prior right to the same water that otherwise disposes of the complainant.

Finally, the bill would allow a complainant to petition the Chief Engineer to issue a temporary order, to be in effect until a final order is issued, to limit, curtail, or prevent the diversion and use of water by any person without a prior right to the same water as the complainant if the Chief Engineer finds limiting, curtailing, or preventing diversion and the use of water would not be adverse to public interest.


H Sub for SB 60

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: Approved by Governor

 

 

Extending the sunset of certain agricultural fees and authorizing the Kansas secretary of agriculture to collect a fee for processing paper documents

Brief*

House Sub for SB 60 would extend the sunset for certain fees assessed by the Kansas Department of Agriculture (KDA) on pesticides, fertilizer, and milk, cream, and dairy products. Additionally, the bill would reinstate certain dam inspections fees and allow the KDA to assess a fee for processing certain paper documents when an electronic alternative for submission exists. Finally, the bill would require the Secretary of Agriculture (Secretary) to lower certain fees and potentially raise certain fees through rules and regulations, if certain criteria are met.

Pesticide and Fertilizer Fees

The bill would extend the sunset for certain pesticide and fertilizer fees from July 1, 2015, to July 1, 2023. The following table outlines the program, the specific fee, the amount the fee most would revert to on July 1, 2018, under current law and the fee amount which would be extended.

Modifications to Certain Fees of the Kansas Department of Agriculture

Program

Service

Amount the Current Fee Would Revert to on July 1, 2018

Extended Fee under Bill

Pesticide & Fertilizer

Failure to file affidavit and pay inspection fees

$5 per day

$10 per day

Pesticide & Fertilizer

Business License Application

$112 per category

$140 per category

Pesticide & Fertilizer

Uncertified Applicator Registration

$10

$15

Pesticide & Fertilizer

Government Agency Registration

$35 maximum

$50 maximum

Pesticide & Fertilizer

Pest Control Technician Registration

$25 maximum

$40 maximum

Pesticide & Fertilizer

Commercial Certification Examination per category and re-exam per category

$35 maximum

$45 maximum

Pesticide & Fertilizer

Certified Private Applicator Certificates

$10 maximum

Fee fixed by rule and regulation

Pesticide & Fertilizer

Chemigation User Permit

$55

$75

Pesticide & Fertilizer

Chemigation User Permit for additional points of diversion

$10

$15

Pesticide & Fertilizer

Chemigation Equipment Operator Certification or renewal

$10

$25

Water Appropriations

Application for a permit to appropriate water based on acre feet

$100

$150

$150+$10

$200

$300

$300+$20

Water Appropriations

Application for a permit to appropriate water for storage based on acre feet

$100

$100+$10 for each additional 250

$200

$200+$20 for each additional 250

Water Appropriations

Application to change a point of diversion less than 300 feet

$50

$100

Water Appropriations

Application to change a point of diversion more than 300 feet

$100

$200

Water Appropriations

Application to change the place of use

$100

$200

Water Appropriations

Application to change the use made of water

$150

$300

Water Appropriations

Term permit based on acre feet

$100

$100

$150+$10 for each additional 100

$200

$300

$300+$20 for each additional 100

Water Appropriations

Term permit for storage based on acre feet

$100

$100+$10 for each additional 250

$200

$200+$20 for each additional 250

Water Appropriations

Reinstatement Request

$100

$200

Water Appropriations

Extension of time for diversion work or perfection of water right

$50

$100

Water Appropriations

Temporary permit or extension

$100

$200

The bill would require the Secretary, through rules and regulations, to reduce the fee for registrations of agricultural chemicals and commercial fertilizers whenever it is determined the fee is yielding more revenue than is necessary for the administration of the registration program for a period of not less than one year. It also would allow the Secretary to increase the fee through rules and regulations when the Secretary determines there is a need to produce sufficient revenue to administer the program. The bill would require $100 of any registration fee be credited to the State Water Plan Fund regardless of the registration fee imposed by the Secretary.

In addition, the bill would authorize fees for inspection of Class 1 and Class 2 dams that are conducted by the Chief Engineer or an authorized representative in the amount of $1,500.

Milk, Cream, and Dairy Fees

The bill also would extend the sunset to June 30, 2023, on several fees imposed by the Secretary in relation to milk, cream, and dairy businesses. The following table outlines the fee, the amount the fee would revert to on July 1, 2018, and the fee amount that would be extended.

Modifications to Statutory Language Imposing Certain Fees by the Kansas Department of Agriculture

Fee

Amount the Current Fee Would Revert to on July 1, 2018

Extended Fee under Bill

Dairy Manufacturing Plant License

$120

$200

Milk Distributor License

$120

$200

Milk Hauler License

$25

$35

Milk or Cream Transfer Station License

$50

$100

Single Service Manufacturing License

$50

$100

Grade A Inspection - Milk Producer

$.01 per 100 pounds of milk produced

$.015 per 100 pounds of milk produced

Grade A Inspection - Packaged Milk or Milk Products Sold in Kansas at Retail

$.01 per 100 pounds

$.02 per 100 pounds

Grade A Raw Milk for Pasteurization

$.01 per 100 pounds

$.02 per 100 pounds

Milk or Cream for Manufacturing Purposes - Produced by Milk Producers

$.01 per 100 pounds

$.015 per 100 pounds

Milk or Cream for Manufacturing Purposes - Delivered to Dairy Manufacturing Plant

$.0075 per 100 pounds

$.02 per 100 pounds

Kansas-Manufactured Frozen Dairy Dessert or Frozen Dairy Dessert Mix

$1 per 1,000 gallons

$2 per 1,000 gallons

Imported Frozen Dairy Dessert or Frozen Dairy Dessert Mix

$1 per 1,000 gallons

$2 per 1,000 gallons

The bill also would amend two current exemptions from inspection fees. Under current law, any manufacturing plant located on a dairy is exempted from paying the fees for delivering Grade A raw milk for pasteurization or for delivering milk or cream for manufacturing purposes. The bill would amend that exemption to include only dairies where less than 7.0 million pounds of milk is processed annually. This revised exemption would go into effect on January 1, 2018.

The bill would require the Secretary, through rules and regulations, to reduce any dairy license or inspection fee whenever it is determined the fee is yielding more revenue than is necessary for the administration of the registration program. It also would allow the Secretary to increase the fee through rules and regulations when the Secretary determines there is a need to produce sufficient revenue to administer the program.

Paper Document Processing Fee

Finally, the bill would authorize the Secretary to charge and collect, by order, a fee necessary for administering and processing paper documents, but only if an electronic option is available for submitting the documents. The fee would be in addition to any fee the Secretary is authorized to charge by law and would be equal to 6.0 percent of the cost to obtain a specific license, but could not exceed $50.

Conference Committee Action

The Conference Committee agreed to the following:

  • Include the provisions of House Sub for SB 60 (which includes provisions introduced in SB 61);
  • Reinsert language and make consistent throughout the bill language regarding the requirement of the Secretary to lower certain fees when it is determined the fee is producing more revenue than is needed and potentially raise certain fees if it is determined additional revenue is necessary to administer provisions of statute;
  • Require $100 of any chemical registration fee be credited to the State Water Plan Fund regardless of the registration fee imposed by the Secretary; and
  • Set the fee for the processing of a paper document to equal 6.0 percent of the cost to obtain a specific license, with a maximum fee of $50.

SB 61

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In House Appropriations

 

 

Relating to fees for dairy businesses and the processing of paper documents by the Kansas secretary of agriculture

Brief*

SB 61 would extend the sunset to June 30, 2023, on several fees imposed by the Secretary of Agriculture (Secretary) in relation to milk, cream, and dairy businesses. The following table outlines the fee, the amount the fee would revert to on July 1, 2018, the fee amount that would be extended, and the section number where the change can be found.

Modifications to Statutory Language Imposing Certain Fees by the Kansas Department of Agriculture

Fee

Amount the Current Fee Would Revert to on July 1, 2018

Extended fee under bill

Sec. No.

Dairy Manufacturing Plant License

$120

$200

1

Milk Distributor License

$120

$200

1

Milk Hauler License

$25

$35

1

Milk or Cream Transfer Station License

$50

$100

1

Single Service Manufacturing License

$50

$100

1

Grade A Inspection - Milk Producer

$.01 per 100 pounds of milk produced

$.015 per 100 pounds of milk produced

2

Grade A Inspection - Packaged Milk or Milk Products Sold in Kansas at Retail

$.01 per 100 pounds

$.02 per 100 pounds

2

Grade A Raw Milk for Pasteurization

$.01 per 100 pounds

$.02 per 100 pounds

2

Milk or Cream for Manufacturing

$.01 per 100

$.015 per 100

2

Purposes - Produced by Milk Producers pounds pounds Milk or Cream for Manufacturing Purposes - Delivered to Dairy Manufacturing Plant

$.0075 per 100 pounds

$.02 per 100 pounds

2

Kansas-Manufactured Frozen Dairy Dessert or Frozen Dairy Dessert Mix

$1 per 1,000 gallons

$2 per 1,000 gallons

2

Imported Frozen Dairy Dessert or Frozen Dairy Dessert Mix

$1 per 1,000 gallons

$2 per 1,000 gallons

2

The bill would require the Secretary, through administrative rules and regulations, to reduce any license or inspection fee whenever the Secretary determines the fee is producing more revenue than is needed for administering the provisions of the statute. The bill also would allow the Secretary, through administrative rules and regulations, to raise any license or inspection fee if the Secretary determines that additional revenue is needed to administer the provisions the the statute.

The bill also would amend two current exemptions from inspection fees. Under current law, any manufacturing plant located on a dairy is exempted from paying the fees for delivering Grade A raw milk for pasteurization or for delivering milk or cream for manufacturing purposes. The bill would amend that exemption to include only dairies where less than 6.0 million pounds of milk is processed annually. This revised exemption would go into effect on January 1, 2018.


SB 102

Sponsored by: Senate Federal and State Affairs Committee

Current Status: In Senate Ethics, Elections and Local Government

 

 

Counties; abatement of nuisances; disposal of vehicles


SB 117

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In House Agriculture

 

 

Allowing boards of county commissioners to declare the wild blackberry a noxious weed within counties

Brief*

SB 117, as amended, would amend a section of the Noxious Weed Law that permits the board of county commissioners of any county to declare a plant to be a noxious weed within the boundaries of the county. The bill would add the everbearing blackberry and the Himalayan blackberry to the list of county-option noxious weeds.


SB 119

Sponsored by: Senate Utilities Committee

Current Status: In Senate Utilities

 

 

Kansas universal service fund and Kansas lifeline support


SB 133

Sponsored by: Senate Federal and State Affairs Committee

Current Status: In Senate Commerce

 

 

Requiring e-verify for certain public contracts, enacting the Kansas employer e-verify accountability act


SB 134

Sponsored by: Senate Federal and State Affairs Committee

Current Status: In Senate Commerce

 

 

Enhancing the penalty for misclassification of employees for purposes of evading taxes or unemployment insurance contributions


SB 146

Sponsored by: Senate Assessment and Taxation Committee

Current Status: On General Orders in House

 

 

Continuation of 20 mill statewide levy for schools and property tax exemption of certain portion of property used for residential purposes from such levy

Brief*

SB 146, as amended, would reauthorize the statewide 20 mill school finance levy for school years 2017-2018 and 2018-2019. The first $20,000 of assessed valuation of residential properties would continue to be exempt from this levy.


SB 147

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Under Kansas income tax act; providing rate changes and determination of Kansas adjusted gross income and sunsetting certain modifications

Brief*

SB 147, as further amended, would make a number of changes in the state individual income tax structure.

The bill would repeal, effective for tax year 2017, the exemption for non-wage business income that has been in effect since tax year 2013. Taxpayers could also begin claiming certain non-wage business income losses in conformity with federal treatment (but would not be able to file amended returns for previous tax years when such losses were not eligible to be claimed for Kansas income tax purposes).

Individual income tax rates would be increased beginning in tax year 2018 such that the bottom bracket would be 3.0 percent and the top bracket would be 4.9 percent. (Current law provides for the brackets to be 2.6 and 4.6 percent beginning in tax year 2018.) Formulaic rate reduction provisions that could provide subsequent downward adjustments based on growth in certain State General Fund receipts as early as tax year 2021 would be repealed.

Medical expenses allowed as itemized deductions under federal law would become available as Kansas itemized deductions beginning in tax year 2017. (Legislation enacted in 2015 had repealed the medical expense deduction altogether for state income tax purposes.)

An additional low-income exclusion for certain taxpayers (married filing jointly with taxable income of $12,500 or less and all other individuals with taxable income of $5,000 or less) would also be repealed beginning in tax year 2018.

Subtraction modifications that had previously existed allowing taxpayers to exclude certain sales of livestock and Christmas trees from income tax net gains would be repealed beginning in tax year 2017.

Finally, taxpayers in compliance with current law as of June 30, 2017, would be exempt from penalties and interest from underpayment of taxes due to changes in law occurring on July 1, 2017, provided such underpayments have been rectified on or before April 15, 2018.


SB 157

Sponsored by: Senate Federal and State Affairs Committee

Current Status: On General Orders in Senate

 

 

Kansas highway patrol; immigration agreement

Brief*

SB 157 would require the Superintendent of the Kansas Highway Patrol (Patrol) (Superintendent) to seek to negotiate a memorandum of agreement between the State of Kansas and the U.S. Department of Homeland Security (Department) concerning the enforcement of federal immigration law, detentions and removals, and related investigations. As provided in federal law [8 USC §1357(g)], such an agreement would allow Patrol officers to perform some of the functions of federal immigration officers. The bill would specify any such memorandum must be signed by the Superintendent on behalf of the State unless otherwise required by the Department.

The Superintendent would be required to submit a report to the Governor on the status of attempts to enter into such a memorandum of agreement on or before January 1, 2018.


SB 158

Sponsored by: Senate Federal and State Affairs Committee

Current Status: On General Orders in Senate

 

 

Prohibiting adoption of sanctuary policies by cities, counties and state agencies

Brief*

SB 158 would prohibit municipalities and state agencies from adopting a “sanctuary policy.” Any municipality that enacted or adopted a sanctuary policy would be deemed ineligible to receive any moneys from a state agency it is otherwise entitled to and would remain ineligible until the sanctuary policy was repealed or no longer in effect.

Definitions

The bill would provide definitions for several terms.

A “sanctuary policy” would be defined in the bill as any order, ordinance, resolution, or law enforcement policy, whether formally enacted or informally adopted, that:

  • Limits or prohibits any municipality official or person employed by a municipality from communicating or cooperating with federal agencies or officials to verify or report the immigration status of any alien within such municipality;
  • Grants to aliens unlawfully present in the United States the right to lawful presence within the boundaries of a municipality in violation of federal law;
  • Violates any provision of 8 USC § 1373 [related to prohibiting restrictions on government officials transmitting information about the citizenship and immigration status of any individual to the Federal Immigration and Naturalization Service];
  • Restricts in any way, or imposes any conditions on, a municipality’s cooperation or compliance with detainers or other requests from U.S. Immigration and Customs Enforcement (ICE) to maintain custody of any alien or to transfer any alien to the custody of ICE;
  • Requires ICE to obtain a warrant or demonstrate probable cause before complying with detainers or other request from ICE to maintain custody of any alien or to transfer any alien to the custody of ICE; or
  • Prevents a municipality’s law enforcement officers from inquiring as to the citizenship or immigration status of any person.

The bill would also provide definitions for law enforcement officer, municipality, municipality official, and state agency.

Complaints and Investigations

Pursuant to the bill, the Attorney General would receive complaints regarding violations of the bill’s provisions and would be required to investigate and determine whether such a violation occurred. Complaints could be submitted by any resident of the state and would have to be in writing and be submitted in the form and manner prescribed by the Attorney General. Any member of the Kansas Legislature, in lieu of submitting a complaint, could request the Attorney General to investigate and issue an opinion as to whether a municipality has enacted or adopted a sanctuary policy.

Upon receiving such a complaint or request, the Attorney General would be required to investigate, determine whether a violation has occurred, issue an opinion stating whether the municipality in question has violated provisions of the bill, and send a copy of the opinion to the municipality investigated as well as the Director of Accounts and Reports.

Any municipality determined to have committed a violation would become ineligible to receive moneys from state agencies upon the issuance of the Attorney General’s opinion. The municipality would remain ineligible to receive such moneys until the Attorney General certifies the sanctuary policy has been repealed or is no longer in effect. Any certification that a sanctuary policy is no longer in effect must also be sent to the municipality investigated and the Director of Accounts and Reports.

Notice to Law Enforcement

The bill would require the governing body or chief law enforcement officer of each municipality and each state agency with law enforcement authority to provide each law enforcement officer with a copy of the bill. Municipalities and state agencies would also be required to provide written notice of such officer’s duties to cooperate with state and federal officials to enforce immigration laws.

Immigration Law Litigation and Defense Costs

Under the bill, if a city or county is a defendant in litigation arising from enforcing federal immigration laws, the Attorney General would be required to defend the city or county. All costs to defend such litigation, including court costs, would be paid from the State General Fund.

Costs incurred by a city or county based on liability for enforcing federal immigration laws would be reimbursed by filing a claim against the State as provided in KSA 46-901 through 46-925.

Rule and Regulation Authority

The Attorney General would be required to adopt rules and regulations necessary to implement the provisions of the bill on or before January 1, 2018.


SB 167

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Property tax lid; cities and counties; repealed


SB 175

Sponsored by: Senate Assessment and Taxation Committee

Current Status: Killed in Senate

 

 

Income tax, rates, modifications, credits; cigarettes and tobacco products, rates; alcoholic beverages, liquor enforcement, rates; business entities, filing fees

Brief*

SB 175, as amended, would implement a number of income, franchise, liquor, cigarette, and tobacco products tax increases recommended by the Governor as part of his budget proposal for FY 2018 and FY 2019 made to the 2017 Legislature in January.

Income Tax Provisions

An income tax exemption effective since tax year 2013 for certain passive income received from rents and royalties would be repealed beginning with tax year 2017.

An income tax rate reduction scheduled under current law for tax year 2018 (when the bottom individual income tax bracket is scheduled to be reduced from 2.7 percent to 2.6 percent) would be repealed.

The community services contribution income tax credit also would be repealed beginning with tax year 2018.

Franchise Tax/Business Entity Fee Provisions

The annual report fee for all for-profit business entities would be increased from $40 to $200 beginning in FY 2018. All shareholders and partners owning at least 5.0 percent of business entities further would be required to pay the $200 annual report fee. Current law requires the fee be paid once each year for the business entity.

Liquor Enforcement Tax Provisions

The rate of the liquor enforcement tax would be increased from 8.0 percent to 16.0 percent on July 1, 2017.

Cigarette Tax Provisions

The cigarette tax rate would be increased from $1.29 to $2.29 per pack on July 1, 2017. An inventory tax of $1.00 per pack would be imposed on cigarettes on hand as of July 1 and would be payable as of October 31, 2017.

Tobacco Products Tax Provisions

The tobacco products tax rate would be increased from 10.0 percent to 20.0 percent of wholesale on July 1, 2017. An inventory tax equivalent to 10.0 percent of wholesale relative to tobacco products on hand as of July 1 would be payable as of July 31, 2017.


SB 194

Sponsored by: Senate Ways and Means Committee

Current Status: In House Agriculture

 

 

Amending groundwater management district water user charges

Brief*

SB 194, as amended, would permit groundwater management district boards to increase the maximum water withdrawal charge from $1.50 for each acre-foot to $2.00 for each acre-foot. The charge would continue to be used to finance the operations of the groundwater management district.

In addition, the bill would eliminate a provision of current law that permits the boards of groundwater management districts to assess a greater annual water withdrawal charge if more than 50 percent of the authorized place of use of the water is outside the district. (This provision had been subject to the maximum charge for groundwater withdrawal.)


SB 203

Sponsored by: Senate Assessment and Taxation Committee

Current Status: On General Orders in Senate

 

 

Adding Cowley county to the list of rural opportunity zones

Brief*

SB 203 would add Cowley County to the list of counties eligible for the Rural Opportunity Zone (ROZ) program.


SB 215

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Concerning income taxation; relating to determination of Kansas adjusted gross income, rates, itemized deductions


SB 224

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Providing for a $.05 increase in motor fuel taxes


SB 233

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Select Committee on Education Finance

 

 

Creating the education finance act


SB 239

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Judiciary

 

 

Making parts of the scrap metal theft reduction act unenforceable until January 1, 2019


SB 240

Sponsored by: Senate Ways and Means Committee

Current Status: Stricken from Calendar in Senate

 

 

Authorizing a land purchase in Sherman county by the Department of Wildlife, Parks and Tourism

Brief*

SB 240, as amended, would permit the Kansas Department of Wildlife, Parks and Tourism to purchase a specific parcel of land in Sherman County, encompassing approximately 1,078 acres. This land purchase is subject to the provisions of KSA 2016 Supp. 32-833, which requires that the purchased land comply with regulations regarding control and management of noxious weeds and the Secretary of Wildlife, Parks and Tourism develop a management plan for the property. The bill would also prohibit the creation of a conservation easement on the purchased tract of land without prior authorization by the Legislature.

The bill would exempt this purchase from KSA 75- 3043a, which requires appraisal of property by disinterested appraisers prior to purchase by a state agency, and from KSA 75-3739, which includes specific requirements for competitive bidding procedures.

The bill would be in effect upon publication in the Kansas Register.


SB 263

Sponsored by: Dan Kerschen, R-26th

Current Status: In House Agriculture

Industrial hemp research bill.

 

Creating a program to research the use of industrial hemp

Brief*

SB 263, as amended, would enact the “Alternative Crop Research Act” (Act), which would allow the Kansas Department of Agriculture (Department), either alone or in coordination with a state institution of higher education, to grow and cultivate industrial hemp and promote the research and development of industrial hemp. The bill would allow individuals to participate in the research program under the authority of the Department. Nothing in the Act would be construed to authorize any person to violate state or federal law.

Research and Development

Research and development of industrial hemp, under the provisions of the bill, would include such things as analysis of industrial hemp growth including required soils, growing conditions, and harvest methods; research on seeds most suitable for Kansas; and market analysis to determine the potential for an industrial hemp market in Kansas.

The bill would authorize the Department to establish a pilot program in Russell County for the purpose of industrial hemp economic development and market research of industrial hemp products.

Rules and Regulations

The bill would require the Department to promulgate rules and regulations by December 31, 2018, to carry out the provisions of the bill.

The rules and regulations of the Department would include, but not be limited to, a requirement that license holders keep in their possession at all times the license to cultivate, grow, process, transport, or otherwise handle industrial hemp.

Licensure

The Department would be required to annually license program participants and maintain oversight of all industrial hemp activities. The Department would require all license holders to be fingerprinted and undergo a state and national criminal history check at the license holder’s expense. The Department would be authorized to submit the fingerprints to the Kansas Bureau of Investigation (KBI), and the KBI would be able to charge a reasonable fee for conducting a criminal history record check. The Department would not issue licenses to individuals who have been convicted of felonies involving controlled substances.

Report

The bill would require the Department to report to the Legislature by January 14, 2019, the process by which the Department would allow program participants to grow and process industrial hemp in Kansas and then sell it outside of Kansas.

Other Provisions

The bill would amend KSA 2017 Supp. 65-4101, dealing with controlled substances, to clarify the definition of “marijuana” to exclude “industrial hemp” as it would be defined in the bill.

The bill would amend KSA 2017 Supp. 21-5701, dealing with criminal law, to exclude “industrial hemp” from the definition of “marijuana.”

Finally, the bill would amend KSA 2017 Supp. 65-4105 to exclude industrial hemp from being included as a cannabinoid, its salts, isomers, or salts of its isomers.


SB 269

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Ways and Means

 

 

Appropriation revisions for FY 2018 and FY 2019 for various state agencies


SB 270

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Ways and Means

 

 

Making appropriations for FY2018, FY2019, FY2020, FY2021, FY2022, and FY2023 for the department of education


SB 271

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Ways and Means

 

 

Making appropriations for FY 2018 and FY 2019 for the department of education


Sub for SB 285

Sponsored by: Senate Ways and Means Committee

Current Status: In House Transportation

 

 

Establishing the joint legislative transportation task force

Brief*

Sub for SB 285 would establish the Joint Legislative Transportation Task Force (Task Force) to study Kansas’ transportation system.

Organization of Task Force

The Task Force would be comprised of the following voting members:

  • Two members of the House of Representatives, appointed by the Speaker of the House of Representatives, one of which shall be from the House Committee on Appropriations, and the Speaker shall appoint either member to serve as co-chairperson of the Task Force;
  • One member of the House of Representatives, appointed by the Minority Leader of the House of Representatives;
  • Two members of the Senate, appointed by the President of the Senate, one of which shall be from the Senate Committee on Ways and Means, and the President shall appoint either member to serve as co-chairperson of the Task Force;
  • One member of the Senate, appointed by the Minority Leader of the Senate;
  • Two county commissioners, appointed by the Kansas Association of Counties;
  • Two city representatives, appointed by the Kansas League of Municipalities;
  • Two members appointed by Economic Lifelines, representing urban and rural economic development;
  • One member appointed by the Kansas Contractors Association;
  • One member appointed by the Heavy Constructors Association;
  • One member appointed by the Kansas Aggregate Producer’s Association–Kansas Ready Mix Association;
  • One member appointed by the Greater Kansas City Building and Construction Trades Council;
  • One member appointed by the AFL-CIO;
  • One member appointed by the American Council of Engineering Companies of Kansas;
  • One member appointed by the Kansas Public Transit Association;
  • One member from a class I railroad company appointed by Economic Lifelines;
  • One member from a short line railroad company appointed by Economic Lifelines;
  • One member appointed by the Kansas Motor Carriers Association;
  • One member appointed by the Portland Cement Association;
  • One member appointed by the Petroleum Marketers and Convenience Store Association of Kansas;
  • One member appointed by the Kansas Asphalt Pavement Association;
  • One member appointed by the International Association of Sheet Metal, Air, Rail and Transportation Workers;
  • One member appointed by the Kansas Association of Airports;
  • One member at large appointed by the Speaker of the House of Representatives;
  • One member at large appointed by the President of the Senate; and
  • One member at large appointed by the Governor.

The Task Force would also include the following nonvoting members:

  • Secretary of Transportation, or the Secretary’s designee;
  • Secretary of Commerce, or the Secretary’s designee;
  • Secretary of Agriculture, or the Secretary’s designee; and
  • Chief Executive Officer of the Kansas Turnpike Authority, or the Chief Executive Officer’s designee.

Members of the Task Force would be appointed no later than 45 days from the effective date of this act (which is effective upon publication in the Kansas Register), would be residents of Kansas, and would consist of members from all four congressional districts in Kansas.

Filing of Vacancies

Any vacancy on the Task Force would be filled by appointment in the manner prescribed for the original appointment.

Any appointed member of Senate Ways and Means Committee and House Appropriations Committee, when necessary, may designate another member of their respective committee to be their designee.

Meetings and Quorum

The Task Force would be required to meet in an open meeting at least eight times, including at least one meeting in each of the six Kansas Department of Transportation districts, and at least two meetings in metropolitan district areas, upon the call of either co-chairpersons of the Task Force.

A majority of the voting members of the Task Force would constitute a quorum. Any action by the Task Force would be by motion adopted by a majority of voting members present when there is a quorum.

Duties of the Task Force

The Task Force would be required to study the current transportation system, future transportation system needs, and transportation funding and the funding’s utilization. The Task Force also would be required to consider projects for the economic benefit of the state, and make recommendations regarding the system, system’s needs, and direction of the Kansas transportation system over the next ten years and beyond. The required topics would include, but not be limited to, the following:

  • Evaluate the progress of the 2010 Transportation Works for Kansas program to date;
  • Evaluate the current system condition of the state transportation system, including roads and bridges;
  • Evaluate current uses of State Highway Fund dollars, including fund transfers for other purposes outside of infrastructure improvements;
  • Evaluate current transportation funding in Kansas to determine whether it is sufficient to not only maintain the transportation system in its current state, but also to ensure that it serves the future transportation needs of Kansas residents;
  • Identify additional necessary transportation projects, especially projects with a direct effect on the economic health of the State of Kansas and its residents;
  • Make recommendations regarding the needs of the transportation system over the next ten years and beyond; and
  • Make recommendations on the future structure of the State Highway Fund as it relates to maintaining the state infrastructure system.

Data and Information Provided

The Kansas Department of Transportation would be required, upon request by the Task Force, to provide data and information relating to the transportation system in Kansas that is not otherwise prohibited or restricted from disclosure by state or federal law.

Reports to the Legislature

The bill would require the Task Force to make and submit reports to the Legislature concerning all such work and recommendations of the Task Force as prescribed by the bill. The bill would require all such reports be submitted to the Legislature on or before January 31, 2019.

Support Services and Compensation

Staff of the Office of Revisor of Statutes, the Kansas Legislative Research Department, and the Division of Legislative Administrative Services would be required to provide assistance as may be requested by the Task Force.

Legislative Task Force members would be paid as specified in KSA 75-3223(e).

Sunset Date

The Task Force would sunset on June 30, 2019.

Effective Date

The bill would become effective upon publication in the Kansas Register.


SB 286

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Relating to the Kansas pet animal act


SB 287

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Relating to Kansas department of agriculture license renewal dates and late fees


SB 301

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Requiring hunting guides and outfitters to register with the department of wildlife, parks and tourism


SB 307

Sponsored by: Senate Ways and Means Committee

Current Status: In House Federal and State Affairs

 

 

Amendments to the Kansas amusement ride act concerning home-owned amusement rides and agritourism activities

Brief*

SB 307, as amended, would make amendments to the Kansas Amusement Ride Act.

Definitions

“Home-owned amusement ride” would mean an amusement ride that is owned and operated by a nonprofit, community-based organization and is operated for less than 20 days a year, at only one location each year.

“Registered agritourism activity” would have the same meaning as it does in the Agritourism Promotion Act (KSA 2017 Supp. 32-1430 et seq.)

“Amusement ride” would specifically exclude:

  • Registered agritourism activities;
  • Any ride commonly known as a hayrack ride, in which patrons sit in a wagon or cart that is then pulled by horses or a tractor or other motor vehicle;
  • Any ride commonly known as a barrel train, which has a series of handmade cars fashioned from barrels that are connected and pulled by a tractor or other motor vehicle; and
  • Amusement rides owned by an individual and operated solely within a single county for strictly private use.

The definition of “amusement ride” also would be amended to remove language including all rides and devices in American Society for Testing and Materials (ASTM) International F24 Committee Standards.

“Water slide” would mean a slide that is at least 20 feet in height and uses water to propel the patron through the ride. The bill would specify that slides owned or operated by municipalities would not be included in this definition.

The definition of “qualified inspector,” as it relates to acceptable training requirements, would be changed from Level II National Association of Amusement Ride Safety Officials (NAARSO) certification to Level I NAARSO certification. References to the Pennsylvania Department of Agriculture general qualified inspector status also would be removed from the definition. The definition would specify that any inspector of inflatable devices that are rented on a regular basis and erected at temporary locations would be required to provide evidence of:

  • Five years experience working with inflatable devices; and
  • Qualified training from a third party, such as advanced inflatable safety operations certification from the Safe Inflatable Operators Training Organization, or other similar qualification from another nationally recognized institution.

Finally, “serious injury” would include injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician. The current definition includes injuries or illnesses requiring immediate medial treatment.

Home-owned Amusement Rides, Registered Agritourism Activities

Permits

The bill would provide that a home-owned amusement ride or registered agritourism activity could not be operated in Kansas without a valid permit issued by the Department of Labor (Department). The owner of such a ride would be required to apply to the Department for a permit in such form and manner as prescribed by the Secretary of Labor (Secretary). The application would be required to include:

  • Name of owner and operator of the ride;
  • Location of ride or location ride is stored when not in use;
  • Valid certificate of inspection; and
  • Proof of insurance.

Once an application was approved, the permit fee received, and a permit was issued for the home-owned amusement ride or registered agritourism activity, the permit would be valid until the ride was sold, otherwise transferred to a new owner, or permanently taken out of service. Any new owners would be required to apply for and be issued a permit before operating the home-owned amusement ride or registered agritourism activity.

Permit Fees

Applicants for operating permits for home-owned amusement rides or registered agritourism activities would have to pay permit fees according to the following schedule:

  • At a permanent location:

 

    • $75 for rides designed for patrons less than 42 inches tall; and
    • $100 for rides designed for patrons more than 42 inches tall;

 

  • At a temporary location, $30; and
  • Owned or operated by a municipality or nonprofit entity at a permanent or temporary location, $10.

Permit fees would be returned to applicants if their applications were denied by the Department. Permit fees collected by the Secretary would be credited to the Amusement Ride Safety Fund.

Registration

The bill would require each home-owned amusement ride or registered agritourism activity be registered with the Department prior to operation. Registration would be in such form and manner as prescribed by the Secretary and require payment of registration fees as follows:

  • At a permanent location, $500;
  • At a temporary location, $250; and
  • Owned or operated by a municipality or nonprofit entity at permanent or temporary location, $50.

The registration fee would be a one-time fee paid by the owner, regardless of the number of rides owned by such owner. Registration fees collected by the Secretary would be credited to the Amusement Ride Safety Fund.

Insurance Requirements

The owner or operator of any home-owned amusement rides or registered agritourism activity would be required to provide for coverage of at least $750,000 per occurrence with a $1,000,000 annual aggregate. Continuing law states owners and operators of amusement rides are required to provide for coverage of at least $1,000,000 per occurrence with a $2,000,000 annual aggregate, or self-insure or participate in a public entity self-insurance pool, if the owner is the State or any subdivision of the State; the bill would clarify this requirement.

Inspections and Inspectors

The bill would provide that home-owned amusement rides and registered agritourism activities could not be operated in the state without a valid certificate of inspection, and would have to be inspected by a qualified inspector at least every 24 months.

General Provisions

Inflatables

The bill would state that no inflatable device, rented on a regular basis and erected at a temporary location, could be operated in the state unless the operator had attained a basic inflatable safety operations certification from the Safe Inflatable Operators Training Organization, or a similar qualification from a nationally recognized organization.

Permit Applications, Amusement Rides

The bill would specify that permit applications for amusement rides manufactured before July 1, 2018, would have to include certification that the ride qualifies as service proven, as that term is used in applicable ASTM International F24 Committee Standards.

For rides manufactured on and after July 1, 2018, permit applications would have to include certification that the ride meets applicable ASTM International F24 Committee Standards pertaining to ride maintenance and operation.

The bill also would include home-owned amusement rides and registered agritourism activities in provisions of the Kansas Amusement Ride Act not otherwise modified by the bill.

Serious Injury

The bill would specify that, upon notification of serious injury, the Department must acknowledge receipt of the notice and determine whether an investigation is necessary.


SB 320

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: On General Orders in Senate

 

 

Relating to the number of first-year veterinary students that may enter into program agreements with Kansas state university

Brief*

SB 320 would allow Kansas State University to expand its veterinary training program for rural veterinarians. The bill would increase the current program maximum of 5 veterinary students to 20 veterinary students and create a minimum number of 5 students with whom the College of Veterinary Medicine has entered into program agreements. The program would remain subject to legislative appropriations. The program requirements and provisions would remain the same.


Sub for SB 323

Sponsored by: Senate Utilities Committee

Current Status: Pending enrollment

 

 

Concerning the Kansas retail electric suppliers act and the regulation of electric cooperatives and municipal energy agencies

Brief*

Sub for SB 323 would amend law related to Kansas municipal energy agencies (MEAs), the oversight of electric cooperatives by the Kansas Corporation Commission (KCC), and retail electric suppliers.

Kansas Municipal Energy Agencies

Under continuing law, any MEA is authorized to operate as a public utility without obtaining a certificate of public convenience (certificate requirements described in KSA 2017 Supp. 66-131). The bill would require a MEA to file for a certificate for transmission rights for any electric facilities used to transmit electricity constructed in the certificated territory of a retail electric supplier. In determining convenience and necessity, the KCC would apply provisions set forth in KSA 66-1,170 et seq. to a MEA to the same extent it does to a retail electric supplier.

A MEA would be allowed to elect to be exempt from the jurisdiction, regulation, supervision, and control of the KCC by having an election of its voting members, not more often than once every two years, by complying with the following:

  • An election could be called by the governing body of the MEA or would be called not less than 180 days after receipt of a valid petition signed by not less than 10.0 percent of the MEA members;
  • The proposition for deregulation would be presented to a meeting of the members, the notice of which would set forth the proposition for deregulation and the time and place of the meeting. Notice to the members would be written and delivered not less than 21 days nor more than 45 days before the date of the meeting;
  • If the MEA mails information to its members regarding the proposition for deregulation, other than the notice of the election, the MEA would include any information in opposition to the proposition that is submitted by petition signed by not less than 1.0 percent of MEA members. All expenses incidental to mailing the additional information would be paid by the signatories to the petition; and
  • If the proposition is approved by the affirmative vote of not less than a majority of the members voting, the MEA would notify the KCC in writing of the results within 10 days after the date of the election.

Voting on the proposition would be in accordance with the governing documents of the MEA. MEAs exempt from KCC jurisdiction may elect to terminate their exemption by following the same process.

Even if a MEA elects to be exempt from the KCC’s jurisdiction, the KCC would still investigate all rates, joint rates, tolls, charges and exactions, classifications, and schedules of charges or rates (rates) of such MEA if there is filed with the KCC, not more than one year after a change in such MEA’s rates, a petition signed by not less than 20.0 percent of the MEA’s voting members. The bill would require that if, after investigation, the KCC finds such rates are unjust, unreasonable, unjustly discriminatory, or unduly preferential, the KCC would have the power to fix and order substituted rates as are just and reasonable. The complained of rates would remain in effect subject to change or refund pending the KCC’s investigation and final order. If a MEA is exempt, not less than ten days’ notice of time and place of any meeting of the voting members at which rate changes or charges are to be discussed and voted on would be given to all member of the MEA and the meeting would be open to all members. Violations of this process would be subject to civil penalties and enforcement in the same manner as set forth in the Kansas Open Meetings Act.

Any MEA exempt would be required to maintain a schedule of rates and charges at the MEA headquarters and make copies available for the general public during regular business hours, and failure to comply with these requirements would subject the MEA to a civil penalty of not more than $500.

Additionally, a MEA that has elected to be exempt would be required to include a provision in its notice to members, either before or after a rate change, of the member’s right to request the KCC to review the rate change.

Finally, these provisions would not be construed to affect the single certificated retail service territory of any retail electric supplier or the authority of the KCC, as otherwise provided by law over a MEA with regard to service territory; certain charges, fees, or tariffs for transmission services; sales of power for resale, other than sales to its own members; and wire stringing, transmission line siting, and the extension of electric facilities used to transmit electricity.

KCC Oversight of Electric Cooperatives

The bill would allow the KCC’s oversight role of electric cooperatives to be limited as it relates to charges or fees for transmission services that are recovered through an open access transmission tariff of a regional transmission organization (RTO) and that has its rates approved by the Federal Energy Regulatory Commission (FERC).

Nothing in the bill would be construed to affect the authority of the KCC pursuant to KSA 66-144 (application for relief from interstate rates or regulations).

Retail Electric Suppliers

When a city proposes to annex land located within the certified territory of a retail electric supplier, the city would be required to provide notice to the retail electric supplier no less than 30 days prior to the city making a selection for a franchise agreement.

When a city is making a franchise agreement selection, it is required by continuing law to consider certain factors. The bill would add the following two factors for a city to consider:

  • Proposals from any retail electric supplier holding a certificate in the annexed area; and
  • Whether the selection is in the public interest as it relates to all the factors considered by the city.

The city would be required to produce a record of its deliberations and findings upon each factor and the basis for its selection. The record would be available as a public record within ten days after the city makes a selection.

Under continuing law, within 30 days after a city makes its selection, any supplier aggrieved may file an appeal in the district court of the county in which the annexed area is located. The bill would require that the appeal determine whether the city met the requirements set forth in current law and the new requirements set forth in the bill, and whether the city’s selection is based upon substantial, competent evidence. The appeal would be docketed as a new civil action and the docket fee collected. The district would be allowed to take additional evidence on the factors set forth in continuing law and in the bill. The review of the city’s selection would be limited to the record produced and supplemented by any additional evidence received by the court.

Under continuing law, in the event an appeal is filed in the district court, the retail electric supplier providing service at the time of annexation shall continue to provide service. The bill would insert language to state the service would be provided at the retail electric supplier’s ordinary rates until such time as the appeal has been concluded and service rights terminated. Also under continuing law, if the service rights of a supplier are terminated, the KCC is required to certify such annexed area as a single certified territory to the supplier holding a franchise for or then providing retail electric service in the city immediately prior to the annexation. In the event the new retail electric supplier does not affect the assumption of electric service to the annexed area at the termination of a retail electric service provider’s service rights, then the originally certified supplier would have the right to continue service to the annexed area until such supplier does assume service to the annexed area, subject to time lines set forth in continuing law.

In continuing law, whenever the service rights of a retail electric supplier are terminated, fair and reasonable compensation shall be paid to such retail electric supplier by the supplier subsequently authorized to provide electric service. The bill would add to such compensation an amount equal to 8.5 percent of the gross revenues of total retail sales attributable to new customers in the territory in which service rights have been terminated for a period of ten years following the date of termination of service rights of the retail electric supplier. The payments would be made in annual installments to the retail electric supplier whose service rights are terminated. Gross revenues would be determined based on the rates charged and billed at the time each annual payment is made. Such retail electric supplier would be required to have the right to review, audit, or cause to be audited the subsequent supplier’s financial records with respect to retail electric service in the territory in which service rights have been terminated to determine the amount payable. A retail electric supplier would be entitled to compensation if a franchise agreement between a city and a retail electric supplier was agreed to but was terminated within ten years after such agreement was effectuated by the parties.

Effective Date

The bill would be in effect upon publication in the Kansas Register.


SB 327

Sponsored by: Anthony Hensley, D-19th

Current Status: In Senate Education

 

 

Amending the Kansas school equity and enhancement act regarding the transportation weighting


SB 330

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: On General Orders in Senate

 

 

Amending the fee limitations for certain department of wildlife, parks and tourism licenses, permits, stamps and other issues

Brief*

SB 330 would raise the maximum fee the Kansas Department of Wildlife, Parks and Tourism could charge for various permits and licenses including big game permits, commercial hunting and fishing licenses, fur dealer and fur harvester licenses, mussel fishing licenses, wildlife importation permits, turkey tags, and other miscellaneous fees. The bill would raise certain maximum fees and make other modifications as follows:

Big Game Permits

  • Nonresident (other than elk permit): maximum from $400 to $600;
  • Elk permit: maximum from $350 to $500;
  • Nonresident mule deer stamp: maximum from $150 to $250; and
  • Nonresident applications: maximum from $25 to $40.

Combination hunting and fishing licenses

  • Resident: maximum from $50 to $100;
  • Lifetime: maximum from $1,000 to $1,500; or 8 quarterly payments, each from maximum $150 to $187.50; and
  • Nonresident: maximum from $200 to $300.

Fishing licenses

  • Resident: maximum from $25 to $50;
  • Lifetime: maximum from $500 to $750; or 8 quarterly payments, each maximum from $75 to $93.75;
  • Nonresident: maximum from $75 to $100; and
  • Five-day nonresident: maximum from $25 to $50.

Fur harvester licenses

  • Resident: maximum from $25 to $50;
  • Lifetime: maximum from $500 to $750; or 8 quarterly payments, each maximum from $75 to $93.75; and
  • Nonresident: maximum from $400 to $500.

Hunting licenses

  • Resident: maximum from $25 to $50;
  • Lifetime: maximum from $500 to $750; or 8 quarterly payments, each maximum from $75 to $93.75;
  • Nonresident 16 or more years of age: maximum from $125 to $200;
  • Nonresident under 16 years of age: maximum from $75 to $100; and
  • Controlled shooting area: maximum from $25 to $50.

Wild turkey permits

  • Resident turkey tag: maximum from $20 to $40; and
  • Nonresident turkey tag: maximum from $30 to $60.

Miscellaneous fees and other changes

  • Special events on department land or water: maximum from $200 to $500;
  • Duplicate licenses, permits, stamps and other issues of the department: maximum from $10 to $20;
  • Field trial permits: maximum from $25 to $50;
  • Fur dealer licenses: maximum $600 (the bill would eliminate resident and nonresident license fees);
  • Game breeder permits: maximum from $15 to $50;
  • Migratory waterfowl habitat stamps: maximum from $8 to $20;
  • Mussel fishing licenses: maximum to $1,500 (the bill would eliminate the resident and nonresident fees);
  • Scientific, educational or exhibition permits: maximum from $10 to $25; and
  • Wildlife importation permits: maximum from $10 to $25.

In addition to the fees specified above, the bill would also:

  • Delete the fees for resident and nonresident guide permits;
  • Change the twenty-four-hour category to a “calendar day,” with the maximum from $10 to $20;
  • Change handicapped hunting and fishing permits to “Disability” hunting and fishing permits: maximum $5; and
  • Eliminate the 48-hour waterfowl permits: maximum $25 category.

SB 331

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In House Agriculture

 

 

Designating Flint Hills trail state park and Little Jerusalem state park as part of the state park system

Brief*

SB 331 would add to the list of designated state parks the Flint Hills Trail State Park located in Miami, Franklin, Osage, Lyon, Morris, and Dickinson counties, and Little Jerusalem Badlands State Park located in Logan County.


SB 337

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Clarifying animal conversion units for poultry facilities with dry manure systems


SB 337

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Clarifying animal conversion units for poultry facilities with dry manure systems


SB 344

Sponsored by: Senate Agriculture and Natural Resources Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Relating to the control and eradication of noxious weeds in the state of Kansas


SB 364

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Requiring counties to approve the establishment of a poultry confinement facility and establishing the procedures therefor


SB 365

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Requiring counties to approve the establishment of a poultry production or poultry slaughter facility and establishing the procedures therefor


SB 367

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Sales taxation; treatment of coupons; certain cash rebates on sales or leases of new motor vehicles


SB 379

Sponsored by: 2017 Special Committee on Natural Resources

Current Status: In Senate Agriculture and Natural Resources

 

 

Establishing a Kansas water law study commission


SB 381

Sponsored by: Senate Judiciary Committee

Current Status: In Senate Judiciary

 

 

Amending the Kansas recreational trails act by adding criminal penalties for certain conduct and adding duties for the responsible party for the trail and the attorney general


SB 400

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Tax lid exemption when taxing entity abolished and duties assumed by a city or county


SB 405

Sponsored by: Senate Ways and Means Committee

Current Status: Passed in Senate

 

 

Department of health and environment

Brief*

SB 405 would amend current law that establishes the number of animals permitted in a confined animal feeding facility (CAFO) for the purpose of determining permitting requirements for new construction or expansion of a CAFO. Under current law, a CAFO is required to register with the Kansas Department of Health and Environment if the CAFO has an animal unit capacity of 300 or more. A permit is required for CAFOs with a capacity of 1,000 or more and may be required for CAFOs if the facility poses a significant water pollution potential.

Specifically, the bill would establish the animal unit conversion factor for chicken facilities (laying hens or broilers) that use a dry manure waste system calculation as the number. In addition, the bill would require confined chicken facilities to obtain a federal permit if the facility uses a dry manure system and if there are 125,000 or more broilers or 82,000 or more laying hens.

Further, the bill would modify the definition of “confined feeding facility” to include “building” in addition to the terms “lot,” “pen,” “pool,” and “pond.”


SB 415

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Assessment and Taxation

 

 

Depositing all state sales tax revenues from sales on the Kansas state fairgrounds into the state fair capital improvements fund


SB 422

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Select Committee on Education Finance

 

 

Requiring a minimum local option budget and requiring local school boards to notify the state board of education of their intent to increase local option budget authority


SB 423

Sponsored by: Senate Ways and Means Committee

Current Status: In Senate Select Committee on Education Finance

 

 

Amending the Kansas school equity and enhancement act by eliminating the 10% at-risk floor and expanded uses of capital outlay


SB 424

Sponsored by: Senate Federal and State Affairs Committee

Current Status: In Senate Education

 

 

Establishing the office of education inspector general


SB 426

Sponsored by: Senate Federal and State Affairs Committee

Current Status: In Senate Transportation

 

 

Making certain contract requirements for farm equipment and dealership agreements for farm equipment, outdoor power equipment and lawn and garden equipment


SB 429

Sponsored by: Senate Assessment and Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

Delaying certain provisions of the scrap metal theft reduction act


SCR 1604

Sponsored by: Tom Holland, D-3rd

Current Status: In Senate Assessment and Taxation

 

 

Constitutional amendment lowering the rate of sales and use taxation on food and food ingredients


HB 2023

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

Determination of Kansas adjusted gross income; sunsetting certain modifications


HB 2032

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

This bill increases funding to the State Water Plan by increasing certain fees:

Fertilizer fee: $1.67 to $2.37 per ton 

Ag chemical registration fee: $100 to $150 

Water protection fees: -Three cents to 6 cents per 1,000 gallons on public water supply systems

-Three cents to 4.5 cents per 1,000 gallons on stockwatering and industrial uses.

 

Increasing fees credited to the state water plan fund


S Sub for Sub for HB 2052

Sponsored by: House Appropriations Committee

Current Status: Approved by Governor

 

 

Appropriation revisions for FY 2017, FY 2018, FY 2019, FY 2020, FY 2021, FY 2022, FY 2023, FY 2024, and FY 2025 for various state agencies


HB 2072

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Appropriations

This bill creates an increase on all vehicle fees by $0.50 to fund the Eisenhower Preservation Fund.

 

Creating the Eisenhower preservation fund; registration fees


HB 2078

Sponsored by: House Education Committee

Current Status: In House Education

This bill allows local school boards to remove the $20,000 residential exemption for property taxes.

 

Authorizing the reduction or elimination of property tax exemption by a school district


HB 2082

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

Property tax lid; cities and counties; repealed


HB 2095

Sponsored by: House Transportation Committee

Current Status: Approved by Governor

 

 

Providing a special vehicle permit for certain vehicle combinations

Brief*

HB 2095 would authorize the Secretary of Transportation (Secretary) to issue an annual overweight divisible load operating permit for a truck-tractor semitrailer combination vehicle or a truck-tractor semitrailer, trailer combination vehicle with a gross vehicle weight of more than 85,500 pounds but not more than 90,000 pounds transporting divisible loads on 6 or more axles. The permit would be with respect to highways under the Secretary’s jurisdiction, including city connecting links. The fee for the annual permit would be $200, and collected fees would be deposited into the State Highway Fund (SHF). No single-trip permits would be issued.

The bill would include the following restrictions on such operation:

  • Could not be operated on the interstate system when loaded in excess of 80,000 pounds;
  • Would be required to be registered at the maximum weight category;
  • Could not be operated on any bridge or highway that has a posted gross weight limit or posted axle weight limit less than that at which the vehicle is operating;
  • Would be required to comply with weight limits on wheels, axles, and groups of axles, except as otherwise allowed by the bill;
  • Could not violate width, height, and length restrictions in current law;
  • Could not operate with a total weight of more than 85,500 pounds when highway surfaces have ice or snowpack, or drifting snow; and
  • Could not operate with a total weight of more than 85,500 pounds, unless the vehicle is carrying agricultural inputs, farm supplies, biofuels, feed, raw or processed agricultural commodities, livestock, raw meat products intended by the shipper for further processing, or farm products. The bill would direct the provisions in this paragraph to be construed liberally.

The bill would require the permit be carried in the vehicle when it is operated at a weight of more than 85,500 pounds. The bill would specify maximum loads to be carried on any group of two or more consecutive axles, by distance between those axles and number of axles.

The bill also would amend the definition of “triple axles” to increase from 120 inches to 132 inches the maximum distance such axles could be spaced apart.

Conference Committee Action

The Conference Committee agreed to all provisions in the bill as amended by the Senate Committee on Transportation with one amendment: in New Section 1, subsection (a), it replaced “and” with “or” between the phrases “an annual overweight divisible load operating permit for a truck-tractor semitrailer combination vehicle” and “a truck-tractor semitrailer, trailer combination vehicle.”


HB 2097

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

Amending the Kansas pet animal act


HB 2098

Sponsored by: House Agriculture Committee

Current Status: Approved by Governor

 

 

Naming the mined land wildlife area bison herd

Brief*

HB 2098 would name the bison herd at the Mined Land Wildlife Area in Crawford County the “Bob Grant Bison Herd.”


HB 2099

Sponsored by: House Agriculture Committee

Current Status: Stricken from Calendar in House

This bill requires exhaustion of DWR hearings prior to filing an impairment case in the courts.

 

Relating to remedies for the impairment of a valid water right or permit to divert and use water

Brief*

HB 2099, as amended, would require any person with a valid water right or permit to divert and use water to first exhaust the administrative remedies available to the person in law before seeking a court-ordered injunction to stop the impairment of the person’s water right by the activity of another entity without a prior right to the same water.

Additionally, the bill would amend law pertaining to administrative remedies available and allow claimants to submit complaints to the Chief Engineer of the Division of Water Resources, Kansas Department of Agriculture (KDA), indicating their water rights are being impaired by an entity without prior right to the same water, and require the Chief Engineer to handle complaints in the following manner:

  • Initiate an investigation within two weeks of a complaint and notify the parties so they may have an opportunity to submit relevant information; and
  • Complete an investigation within 12 months of the date the complaint was received. The Chief Engineer would be authorized to extend the investigation for good cause by notifying the parties in writing of the amount of time needed to complete the investigation.

The bill would allow the Chief Engineer, following the investigation, to issue an order that limits or curtails the diversion and use of water by any person without a prior right to the same water that otherwise disposes of the complainant.

Finally, the bill would allow a complainant to petition the Chief Engineer to issue a temporary order, to be in effect until a final order is issued, to limit or prevent the diversion and use of water by any person without a prior right to the same water as the complainant if the Chief Engineer finds limiting or preventing diversion and the use of water would not be adverse to pubic interest.


HB 2100

Sponsored by: House Agriculture Committee

Current Status: Stricken from Calendar in House

This bill allows for greater flexibility regarding WCAs.

 

Relating to water conservation areas

Brief*

HB 2100, as amended, would make changes to existing law that relates to water conservation areas (WCAs).

Posting Applications and Orders; Notice

The bill would require the Kansas Department of Agriculture (KDA) to post all complete applications and orders issued by the Division of Water Resources (DWR) regarding WCAs on its official website. The bill would also require the DWR, in conjunction with the groundwater management district (GMD) within which a water right is situated, to notify appropriate water right owners of a water right pending request or application relating to WCAs.

Management Plan to Establish a WCA

The bill would require the following to be included in the management plan of a WCA, in addition to what is already required by current law: finding or findings that the area within the geographic boundaries listed in the water management plan has been closed to new appropriations by rule, regulation, or order of the Chief Engineer of the DWR.

The bill would clarify that one or more of the corrective control provisions provided in current law would need to be included in the management plan.

Flexibility in Water Authorized

The bill would allow the Chief Engineer to authorize a management plan that allots water authorized by existing water rights in order to provide flexibility in the management of water resources. This would be subject to the following limitations:

  • The management plan would be limited to the WCA term;
  • The management plan could allow, in any given calendar year, the water use of an individual water right or rights to exceed the annual authorized quantity of the individual water right or rights participating in the management plan, provided that the water use would not exceed the total annual authorized aggregate quantity and rate of all the water rights participating in the management plan in any given year;
  • The authority granted through the management plan would supersede the participating water rights during the term of the WCA or until the management plan is suspended by the Chief Engineer; and
  • For purposes of determining priority, the management plan would be assigned the priority date of its effectiveness.

The bill would provide that in addition to a management plan, as a part of the consent agreement and order of designation, the Chief Engineer could include use of multiyear flex accounts (MYFAs).

Water Right Impairment

The bill would prohibit a management plan authorized under a WCA from impairing any water right. If an impairment occurs, the Chief Engineer, following a complaint and investigation, would be authorized to suspend operation of the WCA. In this event, each participating water right could be operated in accordance with its permitted terms and conditions as in effect prior to the operation of the WCA. Upon conclusion of the Chief Engineer’s investigation and finding of impairment, the Chief Engineer could terminate the WCA or modify the WCA, subject to consent of the participating water right owners.

WCA Boundary Notification

The Chief Engineer would be required to provide notification to all water right owners with a point of diversion within half a mile, or farther if necessary, of the boundaries of a WCA. Notification would include a reference to an electronic publication of the management plan and any relevant technical analysis.

Perfecting Water Rights; GMDs

The bill would prohibit a water right from being perfected pursuant to a WCA. In addition, nothing in Section 2 of the bill would be construed as limiting or affecting any duty or power of a GMD granted to a district by the Kansas Groundwater Management District Act.


HB 2122

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Federal and State Affairs

 

 

Creating the fair repair act


HB 2131

Sponsored by: Vic Miller, D-58th

Current Status: In House Taxation

 

 

Providing a sales tax exemption for food and food ingredients


HB 2134

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

Relating to certain department of agriculture fees


HB 2135

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

Relating to fees for dairy businesses and the processing of paper documents by the Kansas secretary of agriculture


HB 2168

Sponsored by: Troy L. Waymaster, R-109th

Current Status: In Senate Commerce

 

 

Enacting the ad astra rural jobs act

Brief*

HB 2168, as amended, would create the Ad Astra Rural Jobs Act, which would authorize nonrefundable tax credits applicable to income, premiums, or privilege taxes for taxpayers who contribute capital to an “approved investment company” to fund a “rural business concern” in a “rural area,” as those terms would be defined in the bill. Beginning in tax year 2020, 20 percent of the tax credit could be claimed annually over a five-year period. The amount of tax credits claimed in any one fiscal year would not exceed $20 million, exclusive of the tax credit amounts carried forward. Tax credits would not be transferable except to an “affiliate,” as that term would be defined in the bill.

The tax credit would sunset on December 31 of the sixth year following the effective date of the bill.

Approval Process for Investment Companies

Starting January 1, 2018, investment companies could seek registration from the Secretary of Commerce (Secretary) to become an approved investment company by providing the following information:

  • The amount of “growth capital,” as that term would be defined in the bill, sought by the applicant;
  • Evidence of either:

 

    • A federally licensed rural business investment company or a small business investment company, demonstrating the applicant or its affiliates have invested a minimum amount, as required by rules and regulations that would be promulgated by the Secretary, in “operating companies,” as that term would be defined in the bill; or
    • A minimum amount invested, as required by rules and regulations that would be promulgated by the Secretary, by the applicant or its affiliates in operating companies through federal or state tax credit programs administered by a Kansas agency, provided the applicant has been domiciled in Kansas for three years preceding its application;

 

  • An estimate of the number of jobs to be created or retained as a result of the applicant’s funding;
  • A ten-year business plan for the applicant’s funding that would include:

 

    • A revenue impact assessment prepared by a nationally recognized, third party, independent economic forecasting firm, which would be approved by the Secretary; and
    • A projection of state and local tax revenue to be generated by the applicant’s funding;

 

  • An affidavit from each investor, stating a commitment to make a specified “credit-eligible capital contribution,” as that term would be defined in the bill, in support of the business plan; and
  • Other information as required by the Secretary.

The applicant would pay a nonrefundable fee that would not exceed $5,000. The Secretary would deposit application fees and penalties into the Ad Astra Rural Jobs Fund, which would be an interest-bearing fund created in the state treasury. The Fund would be used to administer the tax credit program.

The Secretary would have 60 days to make application determinations but would be required to act on the applications in the order received from investment companies. The Secretary would be prohibited from approving more than $166,666,666 in growth capital and $100 million in credit-eligible contributions. No application seeking more than one-third of these amounts would be approved. Under the following conditions, the Secretary would be required to deny an application:

  • The application fee is not paid in full;
  • The application does not provide the information described above;
  • The revenue impact does not demonstrate the business plan would result in a positive economic impact in rural areas of Kansas over a ten-year period that exceeds the cumulative amount of tax credits the applicant seeks;
  • Commitments for:

 

    • Credit-eligible capital contributions do not equal a minimum of 60 percent of the capital sought under the applicant’s business plan; or
    • Equity investments do not equal a minimum of 10 percent of the total growth capital sought; or

 

  • The maximum amount of growth capital and credit-eligible capital contributions have been approved.

Applicants would have 15 days to correct any defect, and the Secretary would have 30 days to consider additional information. When an applicant is approved, the Secretary would specify the amount of growth capital.

Investments Made by Approved Investment Companies

Within 60 days of receiving approval, the investment company would collect cash and investment contributions from investors listed in the application. If an investment company were to fail to collect the funds, the approved amounts would lapse and either would be prorated to those investment companies granted less than their requested capital amounts or re-awarded to new applicants. Prior to investing in a business, the investment company would request a written opinion from the Department of Commerce (Department) stating whether the business is a “rural business concern,” as that term would be defined in the bill. The Department would have 30 days to respond. If the Department failed to respond, the business would be considered a rural business concern.

Two years after an investment’s “closing date,” which would be defined in the bill, an approved investment company would submit annual reports to the Department that would contain:

  • Bank statements evidencing each funding;
  • The name and location of each business receiving funding, including evidence that the business qualified as a rural business concern at the time the investment was made;
  • The number of employment positions created or retained as a result of the investment company’s funding as of December 31 of the preceding year; and
  • Other information deemed necessary by the Department.

Clawback Provisions

The Secretary would be required to revoke a tax credit certificate if the approved investment company:

  • Does not invest 100 percent of its growth capital in funding within two years of the closing date;
  • Fails to maintain the investment for five years after the closing date. An investment sold or repaid, in whole or in part, would be deemed maintained if the investment company reinvests an amount equal to the returned or recovered portion, excluding any profits realized, in other funding within 12 months of the receipt of the returned or recovered portion;
  • Makes a distribution or payment that results in the approved investment fund having less than 100 percent of its growth capital invested in fundings or available for investments in fundings and held as cash or marketable securities;
  • Invests more than 20 percent of its capital growth in the same rural business concern, including amounts invested in affiliates of that business concern;
  • Invests funding in a rural business concern that directly or indirectly owns, has the right to acquire an ownership interest in, makes a loan to, or makes an investment in the investment company, its affiliates or investors. This provision would not apply to investments made by rural business concerns in publicly traded securities; or
  • Invests funding in a rural business concern that fails to meet or maintain an agreed location of its “principal business operations,” as that term would be defined in the bill.

Prior to revoking a tax credit, the Secretary would give notice to the approved investment company to correct the violations within 90 days of receiving notice. For each day after 90 days it takes to correct a violation, the investment company would be charged $5,000 per day.

After five calendar years from the closing date, an approved investment company could leave the program if none of its tax credits were revoked or pending revocation. By the date of the proposed distribution, if the number of jobs created or retained by the rural business is:

  • Less than 60 percent of the amount projected in the business plan, the State would receive 30 percent of any distribution to an equity holder in the approved investment fund in excess of the sum of equity capital invested and the projected increase associated to the equity holder’s federal or state tax liability, including penalties and interest;
  • Greater than 60 percent but less than 100 percent of the amount projected in the business plan, the State would receive 15 percent of any distribution to an equity holder in the approved investment fund in excess of the sum of equity capital invested and the projected increase associated to the equity holder’s federal or state tax liability, including penalties and interest; or
  • Equal to or greater than 100 percent, the State would receive 0 percent.

Funds collected from clawback provisions would be deposited in the Ad Astra Rural Jobs Fund. The Secretaries of Revenue and Commerce would be granted discretionary authority to promulgate rules and regulations.

Definitions

The bill would provide the following substantive definitions for terms:

  • “Affiliate” would mean a person that directly or indirectly is controlled by another person or entity. A person would be controlled by another person if the controlling person holds, directly or indirectly, the majority voting or ownership interest or has control over the day-to-day operations;
  • “Approved investment company” would mean a person, excluding an individual, seeking to make successful development venture capital investments in rural business concerns that will create wealth and job opportunities in identified rural areas and that have been approved by the Secretary pursuant to the bill;
  • “Closing date” would mean the date all committed investments are collected by an approved investment company;
  • “Credit-eligible capital contribution” would mean a cash investment in an approved investment company made:

 

    • For an equity investment in the investment company; or the purchase of debt issued by the investment company; and
    • By a person subject to various Kansas taxes;

 

  • “Growth capital” would mean the total of cash investments in an approved investment company, including credit-eligible capital contributions from investors and other cash equivalents, including government grants, guaranteed debenture funds, or other public funds, in the amount approved by the Secretary. At least 60 percent of growth capital would be comprised of credit-eligible capital contributions. At least 10 percent of growth capital would be comprised of equity investments contributed by affiliates of the approved investment company, including employees, officers, and directors of the affiliates;
  • “Operating company” would mean a person either doing business in Kansas or seeking to do business in Kansas and which is not a publicly traded business;
  • “Principal business operations” would mean the location where at least 60 percent of a company’s employees work or where employees are paid at least 60 percent of the company’s payroll. An operating company, whose principal business is not in Kansas, that has agreed to move the location of its principal business operations using the proceeds of its funding for a purpose of meeting the definition of a rural business concern would be deemed to have its principal business operations in the new location within 180 days after funding;
  • “Rural area” would mean a location:

 

    • That is not within a city with a population greater than 60,000 or within the urbanized area adjacent to the city; or
    • Determined to be a rural area by the Secretary upon consideration of the following nonexclusive factors:

 

      • Population density, density of commercial development, and availability of non-farm employment; or
      • Attachment to an urbanized area by a contiguous area of urbanized U.S. Census blocks that would be no more than two blocks wide; and
  • “Rural business concern” would mean an operating company that:

 

    • Has its principal business operations in one or more rural areas in Kansas;
    • Has fewer than 500 employees or had an average federal adjusted gross income of less than $15 million in the three preceding tax years; and
    • Engages in industries related to manufacturing, plant sciences, technology, or agricultural technology. The Secretary would be allowed to include operating companies in other industries if the determination has been made that the economic growth would be highly beneficial for the state and the rural area in which the company is or will be located.

HB 2182

Sponsored by: House Commerce, Labor and Economic Development Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

Authorizing growth of Kansas agribusiness through development of an industrial hemp industry; enacting the Kansas agricultural industry growth act

Brief*

HB 2182, as amended, would establish the Kansas Agricultural Industry Growth Act. Higher education institutions that offer a degree in agricultural science would be allowed to cultivate and conduct “research” on “industrial hemp,” as those terms would be defined by the bill. The Department of Agriculture (Department), in accordance with the Agricultural Act of 2014 and other federal law, would be authorized to license an individual or entity, including a higher education institution, to grow industrial hemp as part of a pilot research program. In addition, the Department could license a distributor or processor of industrial hemp. Licenses would be valid for one year and could be extended for three months for renewal purposes. Retailers of industrial hemp products would not be required to obtain a license. The Secretary of Agriculture (Secretary) would be permitted to charge fees for the administration of the program and its licensing. Fees and other revenue would be deposited into the Agricultural Industry Growth Program Fund, which would be an interest-bearing fund created in the state treasury and used to administer the bill. The Secretary would be permitted to enter into agreements with other state or federal agencies, institutions of higher education outside the state, and private associations to further the purposes of the bill. The Secretary would have discretionary authority to adopt rules and regulations.

Enforcement provisions would include license cancellation or rejection of license application if an applicant is found not to be in compliance with the bill or the rules and regulations upon a hearing before the Secretary. The Secretary would be authorized to inspect growers, processors, and distributors. The Secretary would be able to seize industrial hemp possessed by a non-license holder. Administrative action would be subject to judicial review. Violation of the bill or the rules and regulations would constitute a class C misdemeanor.

The Secretary would provide copies of issued licenses to the Kansas Bureau of Investigation (Bureau) and local law enforcement agencies with jurisdiction over the licensee or the licensee’s industrial hemp. The Secretary would also inform the applicable law enforcement agencies when a person’s license has expired or been revoked.

Industrial hemp would not be considered a controlled substance or marijuana as defined by state law. The bill also would protect from prosecution licensees who inadvertently possess industrial hemp containing more “tetrahydrocannabinol,” as that term would be defined by the bill, (THC) than would be allowed under law.


HB 2189

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

Protecting surface owners' property rights


HB 2199

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Federal and State Affairs

 

 

Authorizing the board of county commissioners of any county to regulate conservation easements on property located within the county


Bill Number

and Sponsor

Current Status

 

Sub for HB 2207

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Relating to the pursuit of wounded animals onto private land

 

Brief*

Sub for HB 2207 would require a person licensed to hunt to obtain permission from a landowner before pursuing a wounded game bird or animal onto another person’s property. Violation of this provision would be considered “criminal hunting.” Additionally, if any landowner has posted signs stating “written permission is required” or has painted purple marks on trees or posts, the bill would require a person licensed to hunt to obtain written permission from the landowner before pursuing a wounded game bird or animal onto another property.

 


 

HB 2208

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Relating to the transferability of deer permits

 


 

HB 2209

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Creating a program to research the use of industrial hemp

 


 

HB 2227

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Property tax levy for the Kansas educational building fund

 


 

HB 2235

Sponsored by: House Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

 

 

 

Concerning Kansas sales and compensating use tax, administration and reporting requirements

 

Brief*

HB 2235, as amended, would revise the Kansas Retailers’ Sales Tax Act by requiring retailers who do not collect Kansas sales and use taxes to provide records of untaxed Kansas sales to the Department of Revenue (Department). In addition, each retailer that does not collect Kansas sales and use taxes would be required to notify Kansas purchasers that sales and use tax is due on all purchases made from the retailer that are not exempt from sales tax. The notice would be provided with each transaction between the retailer and the purchaser. The retailer would provide an annual notice to all Kansas purchasers summarizing the Kansas purchases from the preceding calendar year. Failure to provide the applicable notice to either the Department or purchasers could result in a penalty, which could be equal to $10 times the number of purchasers covered by the bill. The Director of Taxation would have the discretion to waive all or a portion of the penalty for a reasonable cause shown. Retailers with less than $50,000 in total gross sales in Kansas would be exempt from the bill. Retailers would not be required to send annual notices to Kansas purchasers if their total amount of purchases would be less than $200. The Secretary of Revenue would have the discretionary authority to adopt rules and regulations to implement the provisions of the bill.

 


 

HB 2237

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Concerning taxation; relating to income tax, rates, determination of income, tax credits; motor fuels tax, rates, trip permits, distribution; sales and compensating use tax, food and food ingredients

 


 

HB 2238

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Sales tax exemption, farm production machinery and equipment

 


 

HB 2239

Sponsored by: House Judiciary Committee

Current Status: In House Judiciary

 

 

 

 

 

Allowing cities and counties to opt out of the scrap metal theft reduction act

 


 

HB 2241

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Creating the surface water protection fee and the irrigation water use fee and depositing such fees in the state water plan fund

 


 

HB 2242

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Enacting the classroom-based funding act

 


 

HB 2246

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Amendments to the Kansas noxious weed law

 


 

HB 2250

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Relating to taxation; income tax and non-wage business income; sales and compensating use tax, rate on food and food ingredients; establishing the food sales tax reduction fund

 


 

HB 2270

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Creating the education finance act

 


 

Sub for HB 2272

Sponsored by: House Water and Environment Committee

Current Status: In Senate Agriculture and Natural Resources

 

 

 

 

 

Establishing the Kansas water authority science and research subcommittee

 

Brief*

Sub for HB 2272 would establish the Kansas Water Authority Science and Research Subcommittee (Subcommittee) composed of the following members:

  • The Dean of the College of Agriculture at Kansas State University or their designee;
  • The Director of the Kansas Geological Survey or their designee; and
  • The Director of the Kansas Biological Survey or their designee.

The Subcommittee would carry out the following duties:

  • Recommend research priorities and necessary funding levels for research that will better determine the causes of ground water and surface water sustainability and water quality problems and alternative water sources;
  • Scientifically evaluate the effectiveness and cost-effectiveness of State Water Plan-funded projects and programs; and
  • Recommend re-prioritization of State Water Plan-funded projects and programs, if necessary, and recommend funding levels necessary to carry out the projects and programs.

In addition, the Subcommittee would be required to provide an annual report to the Kansas Water Authority and the Governor on or before August 1 of each year. The report would include the results of scientific research, project and program evaluations, and funding level requirements to continue the scientific assessments and the State Water Plan funded projects and programs.

 


 

HB 2274

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Federal and State Affairs

 

 

 

 

 

Authorizing the Kansas highway patrol to enter into a memorandum of agreement with the department of homeland security concerning enforcement of immigration laws

 


 

HB 2275

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Federal and State Affairs

 

 

 

 

 

Prohibiting adoption of sanctuary policies by municipalities

 


 

HB 2287

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Expanding the Kansas itemized deduction

 


 

HB 2288

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Requiring school districts use generally accepted accounting principles

 


 

HB 2302

Sponsored by: House Judiciary Committee

Current Status: In Senate Judiciary

 

 

 

 

 

Relating to the custody and disposition of cruelly treated animals

 

Brief*

HB 2302, as amended, would amend the statutes governing the crime of cruelty to animals and dog fighting crimes, as follows.

Cruelty to Animals

The humane killing exclusion from the crime of cruelty to animals would be amended to remove references to “pound,” “incorporated humane society,” and “the operator of” an animal shelter.

Provisions allowing an animal to be taken into custody and cared for or treated would be amended to remove references to “incorporated humane society” or replace such references with “animal shelter.” An existing requirement for notice to an owner or custodian would be expanded from cases in which the animal is placed in the care of an animal shelter to all cases, and written notification would be required.

The existing requirement that the board of county commissioners in the county where the animal was taken into custody establish proceduresto allow an animal shelter to petition the district court to be allowed to place the animal for adoption or euthanize the animal would be replaced with a provision allowing the law enforcement agency, district attorney’s office, county prosecutor, veterinarian, or animal shelter to petition the district court in the county in which the animal was taken into custody to transfer ownership of the animal. The bill would remove a provision requiring the board of county commissioners to review the cost of care and treatment being charged by the animal shelter maintaining the animal.

A provision prohibiting an animal from being returned to or allowed to remain with a person adjudicated guilty of this crime would be amended to remove a requirement that the court first be satisfied an animal owned or possessed by the person would be subjected to such crime in the future. A reference to “duly incorporated humane society” in this provision would be replaced with “animal shelter.”

“Animal shelter” would be defined to mean the same as in the Kansas Pet Animal Act.

Dog Fighting

A provision regarding the placement of a dog taken into custody would be amended to replace a reference to “duly incorporated humane society” with “animal shelter.”

The existing requirement that the board of county commissioners in the county where the animal was taken into custody establish procedures to allow an animal shelter to petition the district court to be allowed to place the animal for adoption or euthanize the animal would be replaced with a provision allowing the law enforcement agency, district attorney’s office, county prosecutor, veterinarian, or animal shelter to petition the district court in the county in which the animal was taken into custody to transfer ownership of the animal. The bill would remove a provision requiring the board of county commissioners to review the cost of care and treatment being charged by the animal shelter maintaining the animal.

A provision requiring costs be paid by the county where the dog was taken into custody if no conviction results would be amended to add law enforcement agencies and veterinarians to the list of entities entitled to payment for expenses incurred for the care, treatment, and boarding of the dog.

“Animal shelter” would be defined to mean the same as in the Kansas Pet Animal Act.

 


 

HB 2311

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Maintenance requirements for streambank stabilization and water quality protection projects

 


 

HB 2312

Sponsored by: House Water and Environment Committee

Current Status: Approved by Governor

 

 

 

 

 

Amending the administrative hearing process for the department of agriculture

 

Brief*

HB 2312 would make several changes to existing law regarding the administrative appeals procedure for certain fertilizer and water orders.

The bill would require that notice be provided and there is an opportunity for a hearing under the Kansas Administrative Procedure Act (KAPA) before final action could be taken on the certain fertilizer orders (i.e. custom blending of fertilizers, ammonium nitrate dealers, and fertilizer brand registration).

In addition, the bill would codify current rules and regulations that allow for review of water orders by the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture (KDA). The bill would also clarify current law that allows for the Secretary to review water orders and establish a uniform administrative appeals process for water orders.

Finally, the bill would repeal KSA 82a-1902, which currently requires the Department of Administration to contract with or employ administrative law judges, court reporters, and other personnel to conduct the proceedings that occur when an order of the Chief Engineer is reviewed.

 


 

HB 2315

Sponsored by: House Taxation Committee

Current Status: On General Orders in House

 

 

 

 

 

Income tax, rates, modifications, credits; cigarettes and tobacco products, rates; alcoholic beverages, liquor enforcement, rates; business entities, filing fees

 

Brief*

HB 2315, as amended, would implement a number of income, franchise, liquor, cigarette, and tobacco products tax increases recommended by the Governor as part of his budget proposal for FY 2018 and FY 2019 made to the 2017 Legislature in January.

Income Tax Provisions

An income tax exemption effective since tax year 2013 for certain passive income received from rents and royalties would be repealed beginning with tax year 2017.

An income tax rate reduction scheduled under current law for tax year 2018 (when the bottom individual income tax bracket is scheduled to be reduced from 2.7 percent to 2.6 percent) would be repealed.

The community services contribution income tax credit would be repealed beginning with tax year 2018.

Franchise Tax/Fee Provisions

The annual franchise tax for all for-profit entities would be increased from $40 to $200 beginning in FY 2018. All shareholders and partners owning at least 5.0 percent of business entities would be required to pay a $200 annual filing fee.

Liquor Enforcement Tax Provisions

The rate of the liquor enforcement tax would be increased from 8.0 percent to 16.0 percent on July 1, 2017.

Cigarette Tax Provisions

The cigarette tax rate would be increased from $1.29 to $2.29 per pack on July 1, 2017. An inventory tax of $1.00 per pack would be imposed on cigarettes on hand as of July 1 and would be payable as of October 31, 2017.

Tobacco Products Tax Provisions

The tobacco products tax rate would be increased from 10.0 percent to 20.0 percent of wholesale on July 1, 2017. An inventory tax equivalent to 10.0 percent of wholesale relative to tobacco products on hand as of July 1 would be payable as of July 31, 2017.

 


 

HB 2324

Sponsored by: House Appropriations Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

School district finance and quality performance act of 2017

 


 

HB 2341

Sponsored by: House Taxation Committee

Current Status: On General Orders in House

 

 

 

 

 

Adding Cowley county to the list of rural opportunity zones

 

Brief*

HB 2341, as amended, would add Cowley and Seward counties to the list of counties eligible for the Rural Opportunity Zone (ROZ) program.

 


 

HB 2344

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Requiring the adoption of a local foundation budget by each school district and the levying of a property tax for the financing thereof

 


 

HB 2345

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Authorizing school districts to adopt a local activities budget and levy property taxes for the finance thereof

 


 

HB 2346

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Administration of school district finance by the state board of education

 


 

HB 2347

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Creating the school district finance and student success act

 


 

HB 2357

Sponsored by: House Commerce, Labor and Economic Development Committee

Current Status: In House Commerce, Labor and Economic Development

 

 

 

 

 

Enacting the agribusiness technology and entrepreneurship district act

 


 

HB 2367

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Concerning valuation of property for taxation; duties of county appraiser; appeals

 


 

HB 2370

Sponsored by: House Taxation Committee

Current Status: On General Orders in House

 

 

 

 

 

Concerning income taxation; relating to determination of Kansas adjusted gross income, rates, itemized deductions

 

Brief*

HB 2370 would make a number of changes in the Kansas individual income tax structure.

The bill would repeal, effective for tax year 2017, the exemption for non-wage business income that has been in effect since tax year 2013. Taxpayers could begin claiming certain non-wage business income losses in conformity with federal treatment (but would not be able to file amended returns for previous tax years when such losses were not eligible to be claimed for Kansas income tax purposes). Special subtraction modification provisions relating to net gains from certain livestock sales would be repealed.

Medical expenses allowed as itemized deductions under federal law would become available as Kansas itemized deductions beginning in tax year 2017. (Legislation enacted in 2015 had repealed the medical expense deduction altogether for state income tax purposes.)

Individual income tax rates would be increased beginning in tax year 2017 such that the state would be utilizing a three-bracket system of 2.70 percent, 5.25 percent, and 5.45 percent. (Current law provides for a two-bracket system with rates of 2.70 and 4.60 percent.) Additional formulaic provisions that could have provided for rate reductions in certain future years based on growth in selected State General Fund (SGF) tax receipts would be repealed.

 


 

HB 2373

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Enacting the food sales tax refund and sunsetting the tax credit for food purchased in this state

 


 

HB 2375

Sponsored by: House Appropriations Committee

Current Status: In House Appropriations

 

 

 

 

 

Department of commerce appropriations for fiscal years 2018 and 2019 for the rural opportunity zones program

 


 

HB 2376

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Property tax lid; requiring cities and counties to publish notice of budget increase; election requirements

 


 

HB 2377

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Repealing the nonwage business income deduction

 


 

HB 2378

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Concerning income taxation; relating to determination of Kansas adjusted gross income, rates, itemized deductions

 


 

HB 2379

Sponsored by: House Appropriations Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Requiring school district expenditure reporting under the Kansas uniform financial accounting and reporting act

 


 

HB 2381

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Sales and compensating use tax; relating to exemptions; The Land Institute

 


 

HB 2382

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Providing for a $.11 increase in motor fuel taxes; trip permits; distribution of revenues

 


 

HB 2384

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Imposing sales tax on certain services

 


 

HB 2385

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Providing for a 3.9% tax rate for all individuals and repealing future formulaic rate cuts

 


 

HB 2387

Sponsored by: House Taxation Committee

Current Status: Approved by Governor

 

 

 

 

 

Sales tax exemption for certain property destroyed by wildfires in 2017

 

Brief*

HB 2387, as amended, would provide a sales tax exemption for all property and services purchased during 2017 or 2018 necessary to reconstruct, repair, or replace any fence used to enclose agricultural land that was damaged or destroyed by wildfires occurring in 2016 or 2017.

The exemption could be claimed at the point of sale with an exemption certificate developed by the Department of Revenue. Additional language would establish a refund mechanism relative to taxes which had already collected on any such qualifying purchases.

The bill would be in effect upon publication in the Kansas Register.

 


 

HB 2390

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Taxing sales of certain gym memberships

 


 

HB 2393

Sponsored by: House Appropriations Committee

Current Status: In House Appropriations

 

 

 

 

 

Hazardous materials endorsement for commercial driver's licenses; transportation security administration security screening process; abolishing the hazmat fee fund

 


 

Sub for HB 2395

Sponsored by: House Taxation Committee

Current Status: On General Orders in House

 

 

 

 

 

Concerning taxation; income tax rates, determination of Kansas adjusted gross income and deductions; sales and use tax, rate on sales of food and food ingredients

 

Brief*

Sub for HB 2395 would make a number of changes in the Kansas individual income tax structure and would reduce the sales tax rate on food.

Individual Income Tax Changes—Tax Year 2017

The bill would repeal, effective for tax year 2017, the exemption for non-wage business income that has been in effect since tax year 2013. Taxpayers could also begin claiming certain non-wage business income losses in conformity with federal treatment (but would not be able to file amended returns for previous tax years when such losses were not eligible to be claimed for Kansas income tax purposes). Special subtraction modification provisions relating to net gains from certain livestock and Christmas tree sales would be repealed.

Individual Income Tax Changes—Tax Year 2018 and Thereafter

Individual income tax rates would be collapsed into a single bracket of 5.00 percent beginning in tax year 2018. (Current law provides for a two-bracket system with rates of 2.60 and 4.60 percent for that tax year.) Additional formulaic provisions that could have provided for rate reductions in certain future years based on growth in selected State General Fund (SGF) tax receipts would be repealed.

Medical expenses allowed as itemized deductions under federal law also would become available as Kansas itemized deductions beginning in tax year 2018. (Legislation enacted in 2015 had repealed the medical expense deduction altogether for state income tax purposes.)

Also effective in tax year 2018, standard deductions would be increased (from $3,000 to $7,500 for single taxpayers; from $7,500 to $15,000 for married taxpayers filing jointly; and from $5,500 to $11,000 for heads of household).

Food Sales Tax Reduction

On January 1, 2019, the state sales tax on food and food ingredients would be reduced from the current 6.5 percent rate to 5.0 percent. This tax reduction would apply to bottled water; but would not apply to alcoholic beverages, tobacco, candy, dietary supplements, soft drinks, or food sold through vending machines.

 


 

HB 2396

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Allowing a tax credit for certain medical professionals who establish domicile in a rural opportunity zone

 


 

HB 2403

Sponsored by: House Appropriations Committee

Current Status: In House Appropriations

 

 

 

 

 

Economic development; relating to enterprise zones; rural opportunity zones

 


 

HB 2404

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Local Government

 

 

 

 

 

Cities; relating to rehabilitation of abandoned property

 


 

HB 2406

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Repealing property tax exemption for certain pipeline property

 


 

Sub for HB 2410

Sponsored by: House Appropriations Committee

Current Status: In Senate Select Committee on Education Finance

 

 

 

 

 

Creating the Kansas school equity and enhancement act

 

Brief*

Sub for HB 2410 would make appropriations for the Department of Education (KSDE) for FY 2018 and FY 2019; enact the Kansas School Equity and Enhancement Act; add sections concerning a report required to be produced by KSDE concerning school district revenues and creating the School District Extraordinary Declining Enrollment Fund; and amend the Tax Credit for Low Income Student Scholarship Program, the Virtual School Act, and statutes related to Capital Improvement State Aid and the use of capital outlay funds.

FY 2018 Appropriations Highlights

The bill would appropriate a total of $1.984 billion from the State General Fund (SGF) for State Foundation Aid, $480.9 million for Supplemental General State Aid, and $436.0 million for Special Education State Aid. The bill would also add $800,000 for the Mentor Teacher Program, $1.7 million for professional development, and $2.0 million for at-risk education for preschool-aged children.

FY 2019 Appropriations Highlights

The bill would appropriate a total of $2.039 billion from the SGF for State Foundation Aid, $486.1 million for Supplemental General State Aid, and $448.0 million for Special Education State Aid. The bill would also add $800,000 for the Mentor Teacher Program, $1.7 million for professional development, and an additional $2.0 million for at-risk education for preschool-aged children.

Kansas School Equity and Enhancement Act

The Kansas School Equity and Enhancement Act (Act) would provide for State Foundation Aid (SFA) to be provided to school districts. SFA would be calculated by multiplying the base aid for student excellence (BASE) by the adjusted enrollment of the district and deducting the local foundation aid of the district. The adjusted enrollment of the district would be calculated by adding the weighted enrollments for at-risk students, declining enrollment, high-density at-risk students, bilingual, low enrollment, high enrollment, new school facilities, ancillary school facilities, special education and related services, career technical education, and transportation to the enrollment of the district. The BASE would be set at $4,006 for school year 2017-2018, $4,128 for school year 2018-2019, and adjusted according to the Consumer Price Index for all urban consumers for the Midwest region each year thereafter.

The Act would also allow any district to adopt a local option budget (LOB) by resolution of the school board. The LOB would be capped at 33.0 percent of the product of the BASE and the adjusted enrollment of the district. In any year in which the BASE is less than $4,490, the local foundation budget would be capped at 33.0 percent of the product of the $4,490 and the adjusted enrollment of the district. Any district adopting an LOB in excess of 30.0 percent would be subject to protest petition.

Finally, the Act would define key terms; charge the Kansas State Board of Education (KSBE) with developing and implementing a school accreditation system and with conducting a cost study of career and technical education programs, give the KSBE authority to adopt rules and regulations to administer the Act, and provide for several performance audits by the Legislative Division of Post Audit (LPA). The provisions of the Act would not be severable.

Enrollment

The enrollment of a school district would be the number of students regularly enrolled at the district on September 20 of the preceding school year. If the enrollment of the district the preceding school year decreased from the prior year, the enrollment would be the enrollment of the district from the second preceding school year. A third enrollment option would be available for school districts receiving federal impact aid, allowing them to use the average of the three preceding school years. Students enrolled in kindergarten full time would be counted as 1.0 full-time equivalent (FTE) student. For school year 2017-2018, kindergarten and preschool-aged at-risk students regularly enrolled in the school district would be counted in the current school year. Formerly, kindergarten students were counted as 0.5 FTE.

At-Risk Student Weighting

The at-risk weighted enrollment of the district would be determined by multiplying the number of students eligible for free meals under the National School Lunch Act by 0.484. Any school district maintaining kindergarten through 12th grade would be allowed to substitute 10.0 percent of the district’s enrollment multiplied by 0.484 for the purposes of this weighting.

Bilingual Weighting

The bilingual weighted enrollment of a district would be the greater of the FTE enrollment based on hours of contact in bilingual education programs multiplied by 0.361 or the number of students enrolled in bilingual programs multiplied by 0.185.

Low Enrollment Weighting

Low enrollment weighting would be available to districts with fewer than 1,622 students enrolled. For such districts, the weighting would be calculated on a linear transition: districts with 100 or fewer students would receive a weighting of approximately 101.4 percent of the enrollment of the district, and that amount would transition to approximately 3.5 percent of the enrollment of the district as the enrollment approaches 1,622 students.

High Enrollment Weighting

High enrollment weighting would be available to districts with more than 1,622 students and would be a weighting of approximately 3.5 percent of enrollment of the district.

High-Density At-Risk Weighting

If the enrollment of a school district is at least 50.0 percent at-risk students, the district would receive high density at-risk weighting equal to 10.5 percent of the at-risk students of the district. If the enrollment of a school district is between 35.0 percent at-risk students and 50.0 percent at-risk students, the district would receive high density at-risk weighting on a linear transition downwards from 10.5 percent of the at-risk students of the district.

Transportation Weighting

The transportation weighting of a school district would be determined by multiplying the formula per-student transportation cost of the district by the number of students who reside at least 2.5 miles from the school building they attend and are provided transportation to the school building by the district. The per-student transportation cost of the district would be determined using the curve of best fit of a density-cost graph of the index of density of all school districts in the state. A five-year grandfather clause would be provided to districts that would receive less funding pursuant to the transportation weighting than they did during the 2016- 2017 school year.

Career Technical Education Weighting

The career technical education weighting of a school district would be determined by multiplying the FTE enrollment in approved career technical education programs by 50.0 percent. This weighting would be scheduled to sunset following the 2017-2018 school year and KSDE would be directed to study the costs of the delivery of career technical education programs and report the findings of such study on or before January 15, 2018.

New School Facilities Weighting

The new school facilities weighting of a school district would be determined by multiplying the number of students enrolled in a new school facility by 25.0 percent. A new school facility would be a school facility in its first two years of operation that was financed primarily with bonds approved at an election held on or before July 1, 2015.

Cost-of-Living Weighting

The bill would allow school districts in which the average appraised value of a single-family residence is more than 25.0 percent higher than the statewide average value to apply for additional funding from the KSBE in an amount not to exceed 5.0 percent of the district’s foundation aid. The entirety of this weighting would be financed by local property taxes.

Ancillary School Facilities Weighting

A school district would be permitted to apply to the State Board of Tax Appeals (BOTA) for authority to levy local property taxes for the purpose of financing the costs attributable to commencing the operation of a new school facility that is in excess of the amount that is financed by any other source. The amount to be levied for this weighting would be reduced over a period not to exceed six years. The entirety of this weighting would be financed by local property taxes.

Declining Enrollment Weighting

The declining enrollment weighting would be available to school districts that have lost revenues due to the declining enrollment of the district. The district would be required to apply to BOTA for authority to receive this weighting, and the weighting would be capped at 5.0 percent of the general fund budget of the district. For school year 2017-2018, a district could receive declining enrollment weighting equal to one half of the amount the district generated pursuant to the weighting in school year 2007-2008. The declining enrollment weighting would expire at the end of the 2017-2018 school year. The entirety of this weighting would be financed by local property taxes.

Special Education and Related Services Weighting

The special education and related services weighting would be calculated for each district by dividing the amount of special education and related services payments of state aid made to the district by the BASE.

Local Foundation Aid

Local Foundation Aid would include the unencumbered balance of the general fund of a district, certain grants received by district, special education and related services aid, any tuition for non-resident pupils of a district, and 70.0 percent of the federal impact aid received by a district. These categories were commonly referred to as “local effort” under previous law.

Reauthorization of the 20-Mill Levy

The bill would reauthorize the statewide 20-mill school finance levy for school years 2017-2018 and 2018-2019. The first $20,000 of assessed valuation of residential properties would continue to be exempt from this levy.

Supplemental General State Aid

Supplemental General State Aid would be paid to any district that has adopted a local foundation budget. The amount of aid a district would be eligible to receive would be determined by multiplying the district’s local foundation budget by an equalization factor that equalizes all districts below the 81.2 percentile of assessed valuation per pupil (AVPP) up to that percentile. For school year 2017-2018, the AVPP used would be that of the immediately preceding school year. For school year 2018-2019, the AVPP used would be an average of the AVPPs of the three immediately preceding school years.

School District Extraordinary Declining Enrollment Fund

The bill would allow school districts to apply to the KSBE for Extraordinary Declining Enrollment State Aid. The KSBE would review all submitted applications and approve or deny any such application based on whether the applicant school district has demonstrated extraordinary declining enrollment since school year 2014-2015. In reviewing the application, KSBE could conduct a hearing and provide the applicant school district an opportunity to present testimony as to such school district’s extraordinary declining enrollment. If approved, KSBE would determine the amount of aid to be disbursed, which could be less than the amount requested in the application. If denied, within 15 days of such denial, KSBE would be required to send written notice of such denial to the superintendent of such school district. The bill would also establish the School District Extraordinary Declining Enrollment Fund.

Accreditation

The Act would require the KSBE to design and adopt a school district accreditation system based on improvement in performance that reflects the educational goals known as the “Rose capacities,” which are codified at KSA 2016 Supp. 72- 1127, and is measurable. The Act would also require the KSBE to report to the Governor and Legislature on or before January 15 of each year regarding the school district accreditation system.

KSDE School District Revenue Report

The bill would require KSDE to develop an annual report for each school district reflecting the total amount of revenues received by each district from federal, state, and local sources each year, with certain categories of revenue being specifically identified.

LPA Performance Audits

The Act would also require LPA to perform several performance audits in the future. Topics of required audits would include transportation funding, at-risk education funding, bilingual education funding, virtual school programs, the cost of providing educational opportunities to every public school student in Kansas to achieve the performance outcome standards adopted by the KSBE; and the best practices of successful schools.

Virtual School State Aid

Virtual School State Aid would be paid to school districts operating virtual schools. $5,000 per student would be paid for students under the age of 19 enrolled in a virtual school on a full-time basis. $1,700 would be paid for each FTE student enrolled in a virtual school on a part-time basis. For students who are 19 years of age and older, aid would be paid at a rate of $709 per credit hour earned, not to exceed six credit hours earned by any one student in any one school year.

Tax Credit for Low Income Students Scholarship (TCLISS) Program Act

On and after July 1, 2018, the bill would amend the definition of “qualified school” within the TCLISS Program Act to mean a non-public school that:

  • Does not offer grades 9-12 and is accredited by the KSBE;
  • Offers grades 9-12 and has either a postsecondary effective rate that exceeds the trend line for such rate among all school districts and accredited nonpublic schools, or an ACT composite score that exceeds the statewide average; or
  • Has been a participating qualified school prior to July 1, 2018.

Any qualified school would still be required to notify the KSBE of its intention to participate in the program and comply with the program’s requirements. Additionally, a scholarship granting organization would be required to award at least 50.0 percent of all education scholarships in a school year to eligible students certified by the Department for Children and Families as a member of a family whose household income does not exceed 130.0 percent of the federal poverty level.

Capital Outlay Uses

The bill would allow capital outlay funds to be used to pay utility expenses.

Capital Improvement Changes

For all bond issuances approved at an election on or after July 1, 2017, any district with an enrollment of less than 260 students would not be eligible for Capital Improvement State Aid unless that district received approval from the KSBE prior to holding an election to approve the issuance of bonds.

 


 

HB 2412

Sponsored by: House Appropriations Committee

Current Status: In House Taxation

 

 

 

 

 

Providing for a $.05 increase in motor fuel taxes; trip permits; distribution of revenues

 


 

HB 2415

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Making parts of the scrap metal theft reduction act unenforceable until January 1, 2019.

 


 

HB 2450

Sponsored by: Tom Sloan, R-45th

Current Status: In House Energy, Utilities and Telecommunications

 

 

 

 

 

Collocation of broadband equipment in public right-of-way utility easements

 


 

HB 2451

Sponsored by: Tom Sloan, R-45th

Current Status: In House Energy, Utilities and Telecommunications

 

 

 

 

 

Enacting the statewide broadband deployment authorization act

 


 

HB 2452

Sponsored by: Tom Sloan, R-45th

Current Status: In House Water and Environment

 

This bill allows conservation easements tied to Section 404 for watershed dams to be limited to the life of the project.

 

 

 

Limiting the duration of certain conservation easements

 


 

HB 2462

Sponsored by: Tom Sloan, R-45th

Current Status: In House Energy, Utilities and Telecommunications

 

 

 

 

 

Authorizing the use of dark fiber

 


 

HB 2466

Sponsored by: House Appropriations Committee

Current Status: In House Appropriations

 

 

 

 

 

Making appropriations for FY2018, FY2019, FY2020, FY2021, FY2022, and FY2023 for the department of education

 


 

HB 2467

Sponsored by: House Appropriations Committee

Current Status: In House Appropriations

 

 

 

 

 

Making appropriations for FY2018 and FY2019 for the department of education

 


 

HB 2468

Sponsored by: House Appropriations Committee

Current Status: In House Appropriations

 

 

 

 

 

Appropriation revisions for FY 2018 and FY 2019 for various state agencies

 


 

HB 2473

Sponsored by: Tom Sloan, R-45th

Current Status: In House Taxation

 

 

 

 

 

Rural broadband, income tax credit, modifications; sales tax exemptions

 


 

HB 2477

Sponsored by: House Agriculture Committee

Current Status: Passed in House

 

 

 

 

 

Relating to the Kansas pet animal act

 

Brief*

HB 2477, as amended, would make several changes to the Kansas Pet Animal Act (Act) pertaining to licensure of those providing temporary care of dogs or cats, maximum license fees, notice of inspections, requested inspections, no-contact inspections, failed inspections, and license renewal dates.

Temporary Care of Dogs and Cats

The bill would prohibit the Kansas Department of Agriculture (KDA) from requiring a license of any individual who has written and signed an agreement to provide temporary care for one or more dogs or cats owned by an animal shelter licensed pursuant to the Act.

An animal shelter would be required to keep a current list of individuals who have written and signed an agreement to provide temporary care.

Fee Maximums

The bill would adjust the maximum fees that may be prescribed by the Commissioner of Animal Health (Commissioner) for the license categories found in the Act. The actual fees to be charged would be set under rules and regulations adopted by the Secretary of Agriculture, the authority for which is current law. The adjustments to fee maximums would be as follows:

  • Fee maximums for animal distributors and breeders licensed under federal law (U.S. Department of Agriculture) would increase from $200 to $450; and
  • Fee maximums for research facilities and pet shops would increase from $405 to $600.

In addition, the bill would remove the license fee for an animal shelter or a pound and create three new license fee categories, for shelters in cities of the first, second, and third class. The new license fee categories would be:

  • Animal shelter, city of the first class: an amount not to exceed $400;
  • Animal shelter, city of the second class: an amount not to exceed $335;
  • Animal shelter, city of the third class: an amount not to exceed $285; and
  • Hobby breeder: an amount not to exceed $250.

For premises that require more than one license under the conditions of the Act, the bill would require the premises pay for the most expensive license and a $50 fee for each additional license.

A late fee of $70 would be assessed when a permit or license is not renewed prior to October 1. Currently, a late fee of $70 is assessed if a license or permit renewal is more than 45 days late.

Inspections

Notice of Inspections

The bill would require that no notice be given to any person prior to an inspection. Current law states notice “need not be given prior to inspection.”

Requested Inspections

The bill would allow the Commissioner to charge a fee of $200 to cover the cost of an inspection requested by a licensee, permittee, or applicant for a license or permit of their premises.

No-contact Inspections

The bill would also establish fees for no-contact inspections. Each no-contact inspection would result in a $200 no-contact fee for the owner of the premises, the licensee, or other permittee. The Commissioner, or the Commissioner’s authorized representative, would be required to make a second or subsequent attempt to inspect the premises.

A no-contact inspection would be defined as the failure by the owner of the premises, a licensee or a permittee, or their designated representative to make a premises available for inspection within 30 minutes of the arrival of the inspector or the inspector’s authorized representative.

Failed Inspections

The bill would require a $200 re-inspection fee for any subsequent re-inspection to be paid by the premises’ owner, licensee, or permittee that has failed an inspection. The payment would be made prior to the re-inspection of the premises. Failure to pay the re-inspection fee would result in the revocation of the licensee’s or permittee’s license or permit. The owner of the premises would then be required to reapply for any licenses or permits that were revoked and complete the following:

  • Pay the fee for the new permit or license application;
  • Pass an initial inspection; and
  • Pay any past due fees.

License Renewals

The bill would change the definition of “license or permit year” to mean the 12-month period ending on September 30. The current license year ends on June 30. The license periods would change to end on September 30 for the following types of licensees:

  • Animal breeder;
  • Animal distributor;
  • Boarding or training kennel;
  • Hobby breeder;
  • Pet shop operator;
  • Pound or animal shelter;
  • Out-of-state distributor;
  • Research facility; and
  • Retail breeder.

The bill would be in effect upon publication in the Kansas Register.

 


 

HB 2478

Sponsored by: House Agriculture Committee

Current Status: Passed in House

 

 

 

 

 

Relating to Kansas department of agriculture license renewal dates and late fees

 

Brief*

HB 2478, as amended, would create and make changes to late fees for certain licenses, permits, or registrations pertaining to the Kansas Department of Agriculture (KDA). The bill also would change the renewal date for certain licenses, permits, or registrations required by the KDA. Finally, the bill would reference the definition of live plant dealers contained in current law.

Late Fees

The bill would create late fees for the following licenses, permits, or registrations. The fees could not exceed 40 percent of their current application fee, or $100, whichever is less, and would be assessed if not paid by the end of the respective license year:

  • Commercial feed license (Sec.1);
  • Agricultural seed wholesaler or retailer registration (Sec. 2);
  • Live plant dealer license (Sec.3);
  • Pesticide business license (Sec. 4);
  • Government agency pesticide registration (Sec. 4);
  • Pest control technicians registration (Sec. 5);
  • Private applicators of pesticides certificate (Sec. 6);
  • Commercial applicators of pesticides certificate (Sec. 7);
  • Pesticide dealers registration (Sec. 8);
  • Soil amendment product registration (Sec. 9);
  • Lodging establishment license (Sec.11);
  • Livestock market operator license (Sec. 12);
  • Electronic livestock auction license (Sec. 12);
  • Dead animal disposal facility licenses and permits (Sec. 13);
  • Feedlot operator license (Sec. 14);
  • Livestock dealer registration (Sec. 15);
  • Domesticated deer possession permit (Sec. 16);
  • Food establishment and food processing plant license (Sec. 18);
  • Dairy manufacturing plant license (Sec. 19);
  • Milk distributor license (Sec. 19);
  • Milk hauler license (Sec. 19);
  • Milk or cream transfer or receiving station license (Sec. 19);
  • Single service dairy container manufacturing license (Sec. 19);
  • Milk tank truck cleaning facility license (Sec. 19);
  • Commercial weighing and measuring service company license (Sec. 21); and
  • Dispensing device service company license (Sec. 22).

Authority to Adopt Late Fees in Rules and Regulations

The bill would give the Secretary of Agriculture (Secretary) authority to promulgate rules and regulations to charge and collect a late fee for any license, permit, or registration required by laws relating to the KDA that are not renewed prior to the expiration of such license, permit, or registration. The late fee could not exceed 40 percent of the current applicable license, permit, or registration fee, or $100, whichever is less.

In addition, the bill would also allow the Director of the of the Conservation Commission (now the Secretary of Agriculture) to adopt late fees necessary to enforce the Surface-Mining Land Conservation and Reclamation Act through rules and regulations. [Note: Per provisions found in KSA 2017 Supp 74-5,127 the KDA, is the successor to the Conservation Commission]

License Renewal Date Changes

The bill would change the license expiration date from June 30 to September 30 for the following licenses, permits,and registrations:

  • Livestock market operator license (Sec. 12);
  • Electronic livestock auction license (Sec. 12);
  • Dead animal disposal facility license and permits (Sec. 13);
  • Feed lot operator license (Sec. 14);
  • Livestock dealer registration (Sec. 15); and
  • Domesticated deer permit (Sec. 16).

Agricultural Liming Materials

The bill would also allow any manufacturer of liming materials to delay registration without halting operations until July 31 without a penalty or violation of The Kansas Agricultural Liming Materials Act (Act) if registration is submitted concurrently with a statement required by current law. If a manufacturer of liming materials fails to submit such registration as required by the Act, the manufacturer would be in violation of the Act. The liming material manufacturers license currently expires on June 30.

The bill would be in effect upon publication in the Kansas Register.

 


 

HB 2488

Sponsored by: House Taxation Committee

Current Status: In Senate Assessment and Taxation

 

 

 

 

 

Removing alcohol as special fuel under the motor-fuel tax law

 

Brief*

HB 2488, as amended, would remove the word “alcohol” from the definition of “special fuels” in KSA 2017 Supp. 79- 3401(s). The bill would revise the definition of “motor-vehicle fuels,” contained in KSA 2017 Supp. 79-3401(l), to include a reference to alcohol combined with fuels.

 


 

HB 2491

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

OPPOSE

 

 

 

Sales tax; installation of appliances and electronic products

 


 

HB 2506

Sponsored by: House Local Government Committee

Current Status: In Senate Ethics, Elections and Local Government

 

 

 

 

 

Rehabilitation of abandoned property by cities

 

Brief*

HB 2506 would allow cities, as well as certain organizations as authorized by current law, to take temporary possession of abandoned property for purposes of rehabilitating the property. The bill would also make a number of definitional and other changes to laws dealing with rehabilitation of abandoned property.

Definitions (Section 1)

Abandoned property. The bill would change the definition of abandoned property applicable to residential real estate to mean residential real estate with taxes delinquent for the preceding two years that has not been occupied continuously for 15 months by persons legally in possession and that has a blighting influence on surrounding properties, unless the exterior is being maintained and the property is either subject to probate action, action to quiet title, or other ownership dispute, or is subject to a mortgage.

The definition of “abandoned property” applicable to a commercial property would be amended to require its approved use (rather than its use, as in current law) be other than one to four residential units, or for agricultural purposes.

The bill would specify “abandoned property” would not mean real estate for which the owner is known and has expressed in writing a desire to retain ownership and maintain the real estate and brings the property into code compliance within 90 days of the expressed desire.

Blighting influence. In the definition of “blighting influence,” the bill would replace “morals” with “welfare,” to define it as “conditions in such structure which are dangerous or injurious to the health, safety or welfare of the occupants of such buildings or other residents of the municipality.” The conditions may include, but not be limited to, multiple factors, and the bill would make the following changes to the list of factors:

  • Specify “lack of” sanitary facilities;
  • Remove various conditions of a structure that could make it dangerous or injurious to the health, safety, or welfare of its occupants or other residents of the municipality: have an adverse impact on properties in the area; uncleanliness; dead and dying trees, limbs or other unsightly natural growth or unsightly appearances that constitute a blight to adjoining property, the neighborhood, or the city; walls, sidings, or exteriors of a quality and appearance not commensurate with the character of properties in the neighborhood; and inadequate drainage; and
  • Specify any code violation related to deeming a property a blighting influence must constitute a health or safety threat and add the violation could be of a property maintenance code.

Organization. The bill would amend the definition of “organization” to add the organization must have been in existence for at least three years.

Petition by a City (Section 2)

The bill would authorize the governing body of a city to file a petition with the district court for an order of temporary possession if the city meets the following requirements:

  • The property must meet the definition of “abandoned”;
  • The city has designated an organization to rehabilitate the property;
  • The property will be rehabilitated for use as housing;
  • Notices have been sent to the following entities:

 

    • The enforcing officer;
    • The parties in interest of the property;
    • Owners of property located within 200 feet of the property subject to the petition; and
    • Any neighborhood improvement association or associations in which the property is located; and

 

  • The governing body of the city to formally approved the filing of the petition.

The bill would required notices to be sent by certified or registered mail to their last known addresses, and posted on the property at least 20 days but not more than 60 days before the petition is filed by the city or organization.

The bill also would add the requirement that a city submit a rehabilitation plan to the court (as is currently required of organizations), and the court could allow representatives of the city to enter the property as the court determines appropriate (as is currently allowed for representatives of organizations).

Petition Contents (Section 2)

The bill would require a petition from an organization or a city to take temporary possession of a property to include the following information:

  • The history of municipal utility service to the property for the preceding 365 days or longer;
  • The history of property tax payments for the preceding 3 years or longer;
  • The history of code violations for the preceding 2 years or longer and efforts by the city to remedy the code violations;
  • The history of attempts to notify the last known owner or owners of any enforcement action or actions; and
  • The history of actions taken by other governmental entities including, but not limited to, tax liens or bankruptcy proceedings.

Defense to a Petition (Section 2)

The bill would remove the 90-day limitation on the extension of the compliance period a court may grant for good cause to allow the property owner to bring the property into compliance with applicable fire, housing, building codes, and pay all delinquent ad valorem property taxes. This would allow the court to determine length of an extension.

The bill would add that in no case shall the defendant’s affirmative defense to a petition be stricken solely on the basis of delinquent property taxes.

Organization Use of a Property (Section 2)

The bill would remove the option for an organization to enter into leases or other agreements in relation to the property if the court grants the petition for temporary possession.

Title to the Property (Section 2, except as otherwise noted)

The bill would require an organization or a city to petition the court for title not less than 365 days nor more than 730 days after receiving temporary possession of a property. The city or organization would be required to send notice of intent to file a petition for title to the parties of interest of the property, by certified or registered mail, to their last known address at least 20 days but not more than 60 days before the petition is filed.

The bill would require the court to grant the petition for title if the court finds the property has been rehabilitated in accordance with the approved rehabilitation plan.

If no petition for title is filed, or the court finds the organization has not rehabilitated the property in accordance with the approved rehabilitation plan, the bill would require the property be immediately sold by either the board of county commissioners or the governing body of a city in the manner prescribed for sale at a judicial tax foreclosure sale.

The bill would repeal a statute (KSA 2017 Supp. 12- 1756e; see Section 3) that allows an organization to obtain a quit-claim judicial deed if the original property owner takes no action to regain possession and after notice.

 


 

HB 2510

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Relating to the applicability of conditions for operating recreational trails

 


 

HB 2511

Sponsored by: House Transportation Committee

Current Status: In Senate Transportation

 

 

 

 

 

Making commercial driver's licenses renewable every five years

 

Brief*

HB 2511 would extend from four years to five years the period of time a commercial driver’s license (CDL) would be valid after initial issuance or renewal. The bill also would make conforming and technical amendments to law.

 


 

HB 2513

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Surface water protection fees

 


 

HB 2515

Sponsored by: Tom Sloan, R-45th

Current Status: In House Energy, Utilities and Telecommunications

 

 

 

 

 

Income tax credits and KUSF support for deployment of broadband service

 


 

HB 2528

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

State water plan fund and the economic development initiatives fund

 


 

HB 2536

Sponsored by: House Energy, Utilities and Telecommunications Committee

Current Status: In House Energy, Utilities and Telecommunications

 

 

 

 

 

Termination of retail electric service territory within city boundaries

 


 

HB 2546

Sponsored by: Don Schroeder, R-74th

Current Status: Stricken from Calendar in House

 

 

 

 

 

Allowing the state fair to retain state sales tax revenues and depositing such revenues into the state fair capital improvements fund

 

Brief*

HB 2546, as amended, would discontinue the statutorily required transfer of up to $300,000 from the State General Fund to the State Fair Capital Improvements Fund. The bill would require state sales tax collected from gross receipts on the sale of tangible personal property on the State Fairgrounds by the Kansas State Fair or other retailers to be remitted to the Director of Taxation. The Director of Taxation would then be required to remit all of the collected state sales tax from these sales to the State Treasurer. The State Treasurer would be required to deposit the entire amount into the State Treasury to credit of the State Fair Capital Improvement Fund.

 


 

HB 2547

Sponsored by: Don Schroeder, R-74th

Current Status: In Senate Agriculture and Natural Resources

 

 

 

 

 

Establishing October 15 as the end of a state fair board member term

 

Brief*

HB 2547 would extend the terms of current Kansas State Fair Board members to expire on October 15 in the year in which the member’s term would have expired.

The bill also would make a technical change, striking “on and after March 15, 1995.”

 


 

HB 2552

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Relating to the number of first-year veterinary students that may enter into program agreements with Kansas state university

 


 

HB 2553

Sponsored by: Ed Trimmer, D-79th

Current Status: In House Agriculture

 

 

 

 

 

Increasing the county population maximum for the veterinary training program for rural Kansas

 


 

Bill Number

and Sponsor

Current Status

 

HB 2583

Sponsored by: House Agriculture Committee

Current Status: Passed in House

 

 

 

 

 

Relating to the control and eradication of noxious weeds in the state of Kansas

 

Brief*

HB 2583 would create the Noxious Weed Act (Act) and repeal existing noxious weeds law.

Definitions (New Section 1)

For purposes of the Act, the bill would define various terms, including “Act”; “article”; “certified weed free”; “control”; “governing body”; “governmental agency”; “noxious weed plant material”; “person”; “political subdivision”; “secretary”; “state advisory committee”; and “weed supervisor.” The term “noxious weed” would mean any species of plant that the Secretary of Agriculture (Secretary) shall determine to be a noxious weed in rules and regulations adopted and promulgated pursuant to the Act.

Emergency Declaration of Noxious Weeds (New Section 2)

The Secretary would be authorized to make an emergency declaration of noxious weeds by order if a new, potentially harmful, verified species of plant is discovered growing in the state or the state is facing a potential influx of harmful species of plants as the result of a natural disaster.

Once the Secretary makes an emergency declaration, the Secretary would be required to consider the species of plant as noxious and take every action and use any means available to control or eradicate the noxious weed. The Secretary would not be allowed to make an emergency declaration for the same species of plant more than once in a five-year period without the recommendation of the State Noxious Weed Advisory Committee.

The declaration would remain in effect for the the earlier of the following:

  • 18 months;
  • Until action an be taken by the Secretary to declare the species a noxious weed by rules and regulations; or
  • Until the Secretary rescinds the declaration.

State Noxious Weed Advisory Committee (New Section 3)

The bill would create the State Noxious Weed Advisory Committee (Committee), which would consist of 13 voting members and the Secretary as a non-voting ex officio member. Members would reflect the different geographic areas of the state equally, to the greatest extent possible, and would receive no compensation for serving on the Committee, but would receive subsistence allowances, mileage, and other expenses as provided in law.

Membership

The 13 voting members would be appointed by the Secretary, as follows:

  • One member, natural resource management professional, Kansas Department of Wildlife, Parks and Tourism;
  • Two members, weed specialists from Kansas State University, College of Agriculture, or Kansas State Research and Extension, with one member having knowledge of non-chemical methods of weed control, appointed upon recommendation of the Dean of the College of Agriculture and the Director of Kansas State Research and Extension;
  • One member, county commissioner, appointed on recommendation of the Kansas Association of Counties;
  • Three members who would be private landowners;
  • Two members, weed supervisors, appointed upon recommendation of the Board of Directors of the County Weed Director’s Association of Kansas;
  • One member, representing agricultural industries in the state, appointed upon recommendation of the Board of Directors of the Kansas Agribusiness Retailers Association;
  • One member, Kansas farmer that grows nontraditional Kansas crops, which means any crop except wheat, corn, soybeans, milo, peanuts, cotton, hay, or oats;
  • One member, appointed by the Kansas Biological Survey; and
  • One member, appointed upon recommendation of the Board of Directors of the Kansas Cooperative Council.

Term of Office; Vacancies

The term of office for each Committee member would be four years, with initial appointments for six members for two years, four members for three years, and three members for four years, as designated by the Secretary. Committee members would be limited to serving two full terms and would hold office until expiration of the term, a successor has been duly appointed, or removal from the Committee for misconduct, incompetence, or neglect of duty. When a vacancy occurs, the recommending body of the vacating member would make a recommendation to the Secretary for a replacement, with the Secretary making the appointment as soon as reasonably possible to fill the vacancy.

Quorum; Meeting Frequency

A quorum of the Committee would be a majority of the members appointed to the Committee, which would elect or appoint a chairperson and vice-chairperson each year. The Committee would be required to meet at least quarterly.

Duties of the Committee

The Committee would be assigned with the following duties, among other duties assigned by the Secretary:

  • Review the State Weed Management Plan every five years and recommend changes and updates to the Secretary;
  • Recommend the designation and classification of noxious weeds in the state through the use of a risk assessment designated by the Secretary;
  • Review the Act and the rules and regulations of the Secretary declaring species of plants to be noxious weeds at least every four years and recommend changes to the Secretary;
  • Review the official methods for the control and eradication for each species of plant declared a noxious weed and recommend changes to the Secretary that includes both chemical and nonchemical options for control and eradication; and
  • Before January 1 of each odd-numbered year, report to the Secretary on the amount and manner of State funds spent on noxious weeds, the status of state and county noxious weed control programs, recommendations for the continued best use of state funds for noxious weed control, and recommendations on long-term noxious weed control needs.

Recommendations by the Committee could only be made by a majority vote of the members.

Unlawful Actions (New Section 4)

The bill would make it unlawful to knowingly do the following:

  • Import, introduce, plant, sow, move, allow to grow, or fail to control the spread of noxious weeds;
  • Sell, barter, or give away nursery stock, plants, packing materials, animal fertilizer, and soil or sod for landscaping or fertilizer use that contains noxious weeds;
  • Transport articles, seed, screening, straw, hay, forage, or offal material of any kind containing noxious weed plant material or seeds unless they are contained in a way that prevents leaking or scattering, or they are processed in an adequate way to destroy the viability of the noxious weed plant material or seeds. An exception would be made for livestock feed, if the noxious weed plant material or seeds are consumed on the same farm where grown or the noxious weed plant material or seeds are sold to commercial processors or commercial feed mixers. When the presence of noxious weed material or seeds is known, common carriers would be required to thoroughly clean and destroy any noxious weed plant material or seeds; or
  • Transport into or within the state any harvesting or threshing machinery, portable feed grinders, portable seed cleaners, field ensilage cutters, or other farm vehicles or machinery that are infested with any noxious weed without first cleaning the equipment.

The bill would not apply to research sanctioned by a state or federal agency or accredited university or college; or activities specifically permitted by order of the Secretary.

Certification (New Section 5)

The bill would require any and all alfalfa, grass, hay or other forage, straw, or mulch carried onto or used within the boundaries of any lands owned or managed by the state and its agencies to be certified weed free.

Noxious Weeds Listing (Sections 6-8)

The bill would require the Secretary to adopt rules and regulations to declare species of plants as noxious weeds. The Secretary could not declare any species of plant to be a noxious weed without the recommendation of the Committee, except under emergency declaration. The bill would also clarify existing law to reflect the Secretary’s noxious weed authority proposed by the bill.

Once a species of plant has been declared a noxious weed, it would be considered a noxious weed in every county. The bill would declare it is the duty of persons to control the spread of and to eradicate all noxious weeds on the land owned or supervised by them and to use official methods for control and eradication, at such times that are approved and adopted by the Secretary.

Before adopting rules and regulations on noxious weeds, the Secretary would be required to prepare a report on the proposed changes to the official list of noxious weeds and submit the report to the Legislature.

A board of county commissioners (Board) would be authorized, with the approval of the Secretary, to publish a list of species of plants to be controlled in the county, which would be considered a noxious weed within the county boundaries. The Board would then be required to submit official methods for control and eradication of that noxious weed to the Secretary, provided no other county has submitted information for that noxious weed. If the noxious weed would later be declared a noxious weed by the Secretary, the methods for control and eradication adopted by the Secretary would control over any methods adopted by the Board. In addition, chemical materials would be available for control and eradication of the noxious weed listed by the Board, pursuant to existing law.

The current list of noxious weeds in statute would expire on December 31, 2020. In addition, the option for counties to declare the multiflora rose (Rosa multiflora) or bull thistle (Cirsium vulgare) as noxious weeds would expire on December 31, 2020. In addition, the bill would eliminate the Secretary’s ability to designate any county as a sericea lespedeza disaster area.

Enforcement (Section 9)

The bill would vest the responsibility for enforcement of the Act, unless otherwise provided for, in the Board regarding all lands within a county’s boundaries. The Board could enter into agreements with cities and townships to transfer the enforcement responsibility; however, the Board could revoke the agreement and resume the responsibility for enforcement if the city or township is unable or unwilling to fulfill the responsibilities.

County, Township, City, or District Weed Supervisor

The bill would modify the position of a county, township, city, or district weed supervisor (supervisor). The bill would require the supervisor to consult and cooperate with the Secretary regarding noxious weeds, render every possible assistance and direction for control and eradication of noxious weeds in the supervisor’s jurisdiction. The salary of the supervisor would be paid out of the county noxious weed fund or, if the noxious weed program is funded primarily through county general funds, the salary would be paid from the county general funds. The bill would also mandate that if the noxious weed program is funded from more than one source, then the salary would be paid from each source in proportion to its contribution to the noxious weed program. In addition, the supervisor would be required to make findings and submit information each year:

  • No later than October 31 – annual surveys of noxious weed infestations and ascertain the approximate amount of land and highways infested with each kind of noxious weed and its location in the county;
  • By March 15 – annual weed eradication progress report for the preceding calendar year, consisting of compiled data on eradicated and treated areas and any other data deemed necessary by the Secretary, submitted to the Secretary for review; and
  • By March 15 – management plan for the coming year, submitted to the Board and Secretary for review.

Confer with Governing Bodies and Representatives (Section 10)

The bill would require the Secretary and supervisor to confer at times necessary and advisable with designated governing bodies and representatives regarding noxious weed infestation on their lands and eradication and control measures, and remove certain reporting requirements to the Secretary.

Costs and Funding (Sections 11-13)

The bill would authorize the tax levying body of each county, township, or incorporated city, based on the annual surveys of infestation required by law, to either make a tax levy each year for the purpose of paying the cost of control and eradication as provided in the Act or set aside a portion of the county general fund equivalent to the budget of the noxious weed program. In addition, in the case of cities and counties, a portion of the tax levy may be used to pay a portion of the principal and interest on bonds issued under existing law. The bill would also allow moneys remaining in the noxious weed eradication fund at the end of any year for which a levy is made shall either be transferred to the noxious weed capital outlay fund or remain in the noxious weed eradication fund for use in the next year.

The bill would require all records relating to funds received into and spent from both the noxious weed eradication fund and the noxious weed capital outlay fund to be retained by the county for at least five years and shall be made available to the Secretary, upon request.

Further, the bill would require that all moneys collected would be paid into the county noxious weed eradication fund or if the noxious weed program is funded primarily through the county general fund, the moneys would be deposited into the county general fund. If the noxious weed program is funded from more than one source, then moneys would be placed into the each source in proportion to its contribution.

The bill would also require the Board to use official methods for the control and eradication of noxious weeds on lands owned or supervised by any political subdivision that has failed to control the noxious weeds after 15 days’ notice to do so and a plan has not been submitted to the Board detailing how and when the noxious weed control will be carried out.

Purchase of Chemical Materials by Counties (Section 14)

The bill would allow the Board or governing body of a city to apply chemical materials purchased under current law upon highways, streets, alleys, or county-owned or -managed property.

Additionally the bill would require all moneys collected from the sale of chemical materials, and charges for use of machinery be deposited into the noxious weed eradication fund or if the noxious weed program is funded primarily through the county general fund, the moneys would be deposited into the county general fund. If the noxious weed program is funded from more than one source, then moneys would be placed into the each source in proportion to its contribution.

The bill would provide that, except as provided in continuing law, the Board would be required to sell chemical materials to landowners in its jurisdiction at a price fixed by the Board. (Currently, the law includes additional requirements for the cost that may be recovered by the Board.)

Violations (Section 15)

The bill would make it a class C Nonperson misdemeanor with a punishment of a $100 fine for each day up to a maximum fine of $1,500 of non-compliance for any person, association, corporation, county, city, or other official who knowingly violates or fails to comply with any provisions of the Act, or the rules and regulations adopted pursuant to the Act.

Entrance onto Lands (Section 16)

Additionally, the bill would amend law relating to authorize personnel entering private land to inspect real and personal property in connection with administration of the state’s Noxious Weed Act to stipulate that such personnel shall be able to do so without interference or obstruction, and entry upon such premises in accordance with the Act shall not be deemed a trespass.

The bill would also require any individual conducting an inspection on such premise shall do the following before entering:

  • Attempt to notify, if practicable, the owner, operator, or lessee of the premises intended to be inspected; and
  • Allow any present and notified owner, operator or lessees of the premises, or any representative to accompany the individual conducting the inspection.

Notification, Methods for Control and Eradication, and Funding (Sections 17-18)

The bill would amend notification requirements sent by a county weed supervisor to include official methods adopted by the Secretary for the control and eradication of the noxious weeds that the county weed supervisor found on the land. The cost of this publication would be paid from the noxious weed eradication fund or if the noxious weed program is funded primarily through the county general fund, the moneys would be deposited into the county general fund. If the noxious weed program is funded from more than one source, then moneys would be placed into the each source in proportion to its contribution.

The bill would require the county weed officer, after completion of the weed control operation notify by certified mail, the owner with an itemized statement of the cost of treatment. Funds collected would be deposited into the noxious weed eradication fund or if the noxious weed program is funded primarily through the county general fund, the moneys would be deposited into the county general fund. If the noxious weed program is funded from more than one source, then moneys would be placed into the each source in proportion except that not more than 50 percent of the cost of treating the portion of the entire contiguous tract of land as described in the legal notices provided by current law can be recorded on the tax rolls against such land in any one year.

The Board may develop a payment plan for the payment of the full amount after it has engaged in discussions with the landowner. If the landowner fails to fulfill the terms of their repayment agreement the Board may collect the remainder of the amount owed. All moneys collected through a payment plan or sale of land subject to a lien under provisions of the Act would be deposited with the county treasurer for credit to the county noxious weed eradication fund or if the noxious weed program is funded primarily through the county general fund, the moneys would be deposited into the county general fund. If the noxious weed program is funded from more than one source, then moneys would be placed into the each source in proportion

Repeal of Existing Laws (Section 19)

In addition, to the statutes amended the bill would repeal other law governing noxious weeds and weed control programs (KSA 2-1316a, KSA 2-1325, KSA 2-1326, KSA 2- 1327, KSA 2-1328, KSA 2-1329, and KSA 2-1334).

 


 

HB 2597

Sponsored by: House Local Government Committee

Current Status: In Senate Ethics, Elections and Local Government

 

 

 

 

 

Sedgwick county designated an urban area

 

Brief*

HB 2597 would designate Sedgwick County as an urban area as permitted by Article 2, Section 17 of the Kansas Constitution. The designation would allow the Kansas Legislature to pass laws specific to those areas.

 


 

HB 2607

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Providing a sales tax exemption to Stafford county economic development, inc.

 


 

HB 2616

Sponsored by: Tim Hodge, D-72nd

Current Status: In House Taxation

 

 

 

 

 

Providing for a 3.25% sales tax rate on food and food ingredients

 


 

HB 2619

Sponsored by: House Agriculture Committee

Current Status: Passed in House

 

 

 

 

 

Allowing any documentation required under the Kansas pesticide law to be created or maintained in electronic form

 

Brief*

HB 2619, as amended, would allow documentation required under Kansas pesticide law or rules and regulations to be created and maintained in paper or electronic format and stipulates that any document created or maintained in electronic format should be capable of being reproduced in a paper format. These documents would be provided in the format requested to the Secretary of Agriculture (Secretary), or their designee, upon request.

The bill also would require statements of services or contracts to be presented to the customer in a paper format, unless the customer agrees to receive all or part of the statement of services or contract in electronic format.

In addition, the pesticide business licensee would be required to present the statement of services or contract to the customer within 30 days of the provided services and prior to the due date for payment. This would exclude statements and contracts for prepaid services. The bill would allow a customer to request a statement of service or contract, which must be presented no later than the close of business the following business day. A duplicate of the statement of services or contract provided to the customer would also be made available to the Secretary, or their designee, upon request within two business days. The bill would also require the statement of services or contract to be signed by the individual who performed and, when applicable, supervised the pest control service or application of pesticides. The statement of services or contract may be signed using the legible printed names of the individuals or, when applicable, supervised the performance of the pest control service or application of pesticide.

Finally, the bill would make technical changes by replacing the term “authorized representative” with “designee” and remove the term “written” throughout the amended section of law.

 


 

HB 2620

Sponsored by: Brett Parker, D-29th

Current Status: In House Taxation

 

OPPOSE

 

 

 

Property tax lid exception for expenditures for mental health and disability services

 


 

HB 2626

Sponsored by: House Local Government Committee

Current Status: In House Taxation

 

OPPOSE

 

 

 

Tax lid exemption when taxing entity abolished and duties assumed by a city or county

 


 

HB 2635

Sponsored by: House K-12 Education Budget Committee

Current Status: In House K-12 Education Budget

 

 

 

 

 

Amendments to the Kansas school equity and enhancement act; relating to the BASE aid, certain weightings and other school finance provisions

 


 

HB 2636

Sponsored by: House K-12 Education Budget Committee

Current Status: In House Appropriations

 

 

 

 

 

Repealing the statutory limit on state board of education approval of school district bond issuances

 


 

HB 2649

Sponsored by: Willie Dove, R-38th

Current Status: In House Agriculture

 

 

 

 

 

Enacting the industrial hemp pilot program under the department of agriculture

 


 

HB 2651

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Agriculture

 

 

 

 

 

Requiring counties to approve the establishment of a poultry production or poultry slaughter facility and establishing the procedures therefor

 


 

HB 2652

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Agriculture

 

 

 

 

 

Requiring counties to approve the establishment of a poultry confinement facility and establishing the procedures therefor

 


 

HB 2658

Sponsored by: Tim Hodge, D-72nd

Current Status: In House Taxation

 

 

 

 

 

Sales taxation; relating to exemptions; certain food and food ingredients

 


 

HB 2661

Sponsored by: Tim Hodge, D-72nd

Current Status: In House Taxation

 

 

 

 

 

Income taxation; relating to rates of corporations

 


 

HB 2665

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Establishing a Kansas water law study commission

 


 

HB 2668

Sponsored by: Jeff Pittman, D-41st

Current Status: In House Taxation

 

 

 

 

 

Sales tax exemption for sales of farm products sold at farmers' markets

 


 

HB 2691

Sponsored by: House Water and Environment Committee

Current Status: Passed in House

 

 

 

 

 

Modifying notification requirements for the division of water resources regarding multi-year flex accounts and water right applications

 

Brief*

HB 2691, as amended, would change the deadline to file an application for a multi-year flex account (MYFA) with the Chief Engineer from on or before October 1 to on or before December 31, of the first year of the MYFA term for which the application would be made.

 


 

HB 2697

Sponsored by: House K-12 Education Budget Committee

Current Status: In House Appropriations

 

 

 

 

 

Amending the transportation weighting calculation

 


 

HB 2701

Sponsored by: House Energy, Utilities and Telecommunications Committee

Current Status: Passed in House

 

 

 

 

 

Establishing the statewide broadband expansion task force

 

Brief*

HB 2701, as amended, would establish the Statewide Broadband Expansion Task Force (Task Force).

Mission

The mission of the Task Force would be as follows:

  • Work collaboratively to evaluate the broadband needs of Kansas citizens, business, industries, institutions, and organizations;
  • Consider any recent actions by the Federal Communications Commission relating to broadband services including, but not limited to;

 

    • The 2018 Broadband Deployment Report;
    • Recommendations of the Broadband Deployment Advisory Committee; and
    • Any actions to implement broadband initiatives using the Connect America Fund Phase II or the Remote Areas Fund;

 

  • Identify opportunities and potential funding sources to:

 

    • Expand broadband infrastructure, and increase statewide access to broadband services;
    • Remove barriers that may hinder deployment of broadband infrastructure or access to broadband services;
    • Enable the creation and deployment of new advanced communication technologies; and
    • Prioritize the expansion of broadband services first to unserved areas of the state and then to underserved areas of the state.

The bill also would require the Task Force to submit a report to the Legislature regarding its work and recommendations on or before January 31, 2019.

Task Force Composition

The Task Force would be composed of 23 voting members. The membership would be as follows:

  • Four members of the House of Representatives, appointed by the Speaker of the House:

 

    • One member serving on House Committee on Energy, Utilities and Telecommunications; and
    • One member serving on the House Committee on Commerce;

 

  • One member of the House of Representatives, appointed by the House Minority Leader;
  • Two members of the Senate, appointed by the Senate President:

 

    • One member serving on the Senate Committee on Utilities; and
    • One member serving on the Senate Committee on Commerce;

 

  • One member of the Senate, appointed by the Senate Minority Leader;
  • One member appointed by the Kansas Association of Counties (KAC);
  • One member appointed by the Kansas League of Municipalities (LKM);
  • Two members appointed by the Kansas Rural Independent Telephone Coalition (KRITC):
  • One member representing a rural service area; and
  • One member representing an urban service area;
  • Two members from the Kansas Cable Telecommunications Association (KCTA):

 

    • One member representing a rural service area; and
    • One member representing an urban service area;

 

  • One member appointed by the cellular telecommunications industry association (CTIA);

 

    • One member representing an electing carrier;
    • One member representing an incumbent local exchange carrier that is a recipient of Kansas Universal Service Fund funds and serve a rural service area;

 

  • One member appointed by the Kansas Chamber of Commerce;
  • One member appointed by the Kansas Farm Bureau (KFB);
  • One member appointed by the National Federation of Independent Business (NFIB);
  • One member at-large appointed by the Governor; and
  • Two members appointed by the State Independent Telephone Association (SITA).

In addition, the bill would require the Task Force to include the following three non-voting ex-officio members:

  • The Secretary of Commerce, or designee;
  • The Commissioner of Education, or designee; and
  • The Chairperson of the Kansas Corporation Commission, or designee.

All members would be appointed no later than 45 days from the effective date of the bill and membership would consist of members representing the 4 congressional districts in Kansas. In addition, the bill would require members reside or work in Kansas. Any vacancy on the Task Force would be filled by appointment in the same manner as the original appointment.

Legislative members of the Task Force attending authorized meetings would be paid amounts provided in continuing law. Non-legislative members could be reimbursed by their appointing authority.

Committee Structure and Meetings

The bill would stipulate one of the legislative members appointed by the Speaker of the House of Representatives and one member appointed by the President of the Senate would serve as co-chairpersons of the Task Force. The Task Force would meet in an open meeting at any time upon call of either co-chairperson. In addition, the Task Force would be required to meet three to six times, and a majority of the voting members of the Task Force would constitute a quorum. Finally, any action taken by the Task Force would be by motion adopted by a majority of voting member present with a quorum.

Staff

The bill would require staff from the Division of Legislative Administrative Services (LAS), the Kansas Legislative Research Department, and the Office of Revisor of Statutes to provide assistance as requested by the Task Force.

Sunset

The Statewide Broadband Expansion Task Force would sunset on June 30, 2019.

 


 

HB 2722

Sponsored by: House Transportation Committee

Current Status: Stricken from Calendar in House

 

 

 

 

 

Expanding the use and location for work-site utility vehicles

 

Brief*

HB 2722 would amend the Uniform Act Regulating Traffic on Highways to expand the times and places a worksite utility vehicle could legally operate within Kansas. [Note: A work-site utility vehicle is defined in KSA 2017 Supp. 8-126 as “any motor vehicle which is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more nonhighway tires, a steering wheel, and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials” but excluding a micro utility truck or recreational off-highway vehicle. A work-site utility vehicle need not be registered (KSA 2017 Supp. 8-128).]

Operations. Under continuing law, a work-site utility vehicle may not be operated on any interstate, federal, or state highway or within the corporate limits of any city unless authorized by such city, but the bill would provide exceptions. The bill would authorize a work-site utility vehicle to cross a federal or state highway. The bill would also allow such vehicle to be operated on a state highway with a posted speed limit not exceeding 45 miles per hour within a city if that use is authorized by the city. [Note: The fine for unlawful operation of a work-site utility vehicle is $75 (KSA 2017 Supp. 8-2118).]

Insurance. The bill would require the operator of any work-site utility vehicle operated on a state highway within a city to possess liability insurance coverage that satisfies the minimum coverage requirements of a motor vehicle in continuing law. [Note: KSA 2017 Supp. 40-3107 requires minimum liability coverage of not less than $25,000 because of bodily injury to, or death of, one person in any one accident; $50,000 because of bodily injury to, or death of, two or more persons in any one accident; and $25,000 because of harm to or destruction of property of others in any one accident.]

The bill would specify failure to obtain such liability insurance would subject the operator to the same penalties as those prescribed for motor vehicles. [Note: Penalties in KSA 2017 Supp. 40-3104 include a fine of not less than $300 or confinement in a county jail for not more than six months, suspension of a driver’s license if an accident occurred, revocation of registrations of all vehicles owned by the owner of the vehicle involved in an accident, and a registration reinstatement fee of $100, or $300 for a second revocation within a year.]

 


 

HB 2726

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Establishing the non-corn irrigation grant program and the low-water-use crop grant program and authorizing the Kansas water office to issue bonds for the purpose of providing funding to such programs

 


 

HB 2730

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Requiring the division of water resources of the department of agriculture to study and report on the impact of the use of groundwater on streamflow impairments

 


 

HB 2732

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Authorizing the division of conservation of the department of agriculture to create and administer water banks

 


 

HB 2733

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Kansas water appropriation act and water rights for sand and gravel pits

 


 

HB 2740

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Increasing the statewide property tax levy for schools

 


 

HB 2742

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Relating to labeling requirements for muscle cuts of beef, muscle cuts of pork, ground beef or ground pork meat

 


 

HB 2743

Sponsored by: House Agriculture Committee

Current Status: In House Agriculture

 

 

 

 

 

Allowing deer permits to be transferred to residents and nonresidents of the state of Kansas

 


 

HB 2750

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Federal and State Affairs

 

 

 

 

 

Exempting certain rides from the Kansas amusement ride act

 


 

HB 2755

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Property tax lid exception for cities and counties that assume duties of abolished entity

 


 

HB 2756

Sponsored by: House Taxation Committee

Current Status: In House Taxation

 

 

 

 

 

Concerning sales and use tax; remote retailers; nexus; marketplace facilitators; digital products

 


 

HCR 5003

Sponsored by: House Federal and State Affairs Committee

Current Status: Adopted

 

 

 

 

 

Urging Congress to propose the regulation freedom amendment to the constitution of the United States

 

Brief*

HCR 5003 urges Congress to propose the Regulation Freedom Amendment to the U.S. Constitution. The proposed language of the Regulation Freedom Amendment would be as follows:

Whenever one quarter of the members of the United States House of Representatives or the United States Senate transmits to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House of Representatives and the Senate to adopt that regulation.

The concurrent resolution specifies that the Kansas Secretary of State would be required to send an enrolled copy of the resolution to each member of the Kansas congressional delegation and work with Kansas’ legislative leaders to send a copy to the legislative leaders in other states, including the speaker of the house and the president of the senate of every state legislature in the United States.

 


 

HCR 5004

Sponsored by: House Federal and State Affairs Committee

Current Status: In House Federal and State Affairs

 

 

 

 

 

Constitutional amendment granting counties home rule powers

 


 

HCR 5008

Sponsored by: House Water and Environment Committee

Current Status: In House Water and Environment

 

 

 

 

 

Proposition to amend article 11 of the constitution of the state of Kansas concerning the state water plan fund