Journal of the House
FIFTY-SECOND DAY
Hall of the House of Representatives,
Topeka, KS, Friday, March 27, 2026, 10:00 a.m.
The House met pursuant to adjournment with Speaker Hawkins in the chair.
The roll was called with 121 members present.
Reps. Alcala, Carlin, Mosley and Poetter Parshall were excused on excused absence by the Speaker.
Excused later: Reps. Brownlee Paige, Delperdang, Poetter Parsall, Rahjes, Schlingensiepen, Simmons, Weigel, Winn and Woodard.
Present later: Reps. Alcala, Carlin, Mosley, Poetter Parshall, Schlinensiepen, Simmons and Woodard.
Prayer by guest chaplain, Father Timothy Skoch, St. Patrick Catholic Church, Kansas City, Kansas and guest and nephew of Rep. Moser.
Christ Jesus, though he was in the form of God, did not regard equality with God something to be grasped. Rather, he emptied himself, taking the form of a slave, coming in human likeness; and found human in appearance,he humbled himself,becoming obedient to the point of death,even death on a cross. Because of this, God greatly exalted himand bestowed on him the name which is above every name, that at the name of Jesus every knee should bend, of those in heaven and on earth and under the earth, and every tongue confess that Jesus Christ is Lord, to the glory of God the Father.
Father in Heaven, I thank you for this time in which you have called us into existence. Your Son, Jesus, showed us that it is in a life of service that we truly live. I ask your blessing upon all these public officials who serve this wonderful state of Kansas. May their actions and decisions respect and honor everyone according to natural law. I thank you for the good work in which they have spent themselves throughout this session - and I ask that by the power of the Holy Spirit you bring it to fruition.
We pray as the savior and redeemer has taught us, as together we say: ‘Our Father, who art in heaven, hallowed be thy name, thy kingdom come, thy will be done, on earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses, as we forgive those who trespass against us, and lead us not into temptation, but deliver us from evil.’ Amen.
The Pledge of Allegiance was led by Rep. Droge.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2042 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 10 through 33;
By striking all on pages 2 through 14;
On page 15, by striking all in lines 1 through 23; following line 23 by inserting:
"Section 1. Pursuant to K.S.A. 2025 Supp. 77-441, and amendments thereto, the department of health and environment is hereby authorized to adopt the following proposed permanent administrative rules and regulations concerning hazardous waste monitoring and permit application fees as identified and described in the economic impact statement prepared by the department on August 22, 2025, and provided to the senate committee on agriculture and natural resources on February 10, 2026: K.A.R. 28-31-10; and 28-31-10b.";
Also on page 15, in line 25, by striking all before "its";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "concerning"; by striking all in lines 2 through 6; in line 7, by striking all before the period and inserting "administrative rules and regulations; relating to hazardous waste monitoring and permit application fees; authorizing the adoption of certain rules and regulations by the department of health and environment";
And your committee on conference recommends the adoption of this report.
Virgil Peck
Craig Bowser
Marci Fransico
Conferees on part of Senate
Ken Rahjes
Lance Neelly
Linda Featherston
Conferees on part of House
On motion of Rep. Rahjes, the conference committee report on HB 2042 was adopted.
On roll call, the vote was: Yeas 69; Nays 52; Present but not voting: 0; Absent or not voting: 4.
Yeas: Amyx, Anderson, Ballard, Blex, Boatman, Borjon, Paige, Bryce, Buehler, Butler, Carmichael, W. Carpenter, Carr, Collins, Croft, Curtis, Droge, Ellis, Estes, Featherston, Francis, Gardner, Goddard, Haskins, Hawkins, Helgerson, Hoffman, Hoheisel, Howe, Hoye, James, King, Long, Martinez, McDonald, Melton, Meyer, Minnix, Moser, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poskin, Proctor, Rahjes, Roth, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Storm, Sweely, Vaughn, Waymaster, Weigel, White, Wikle, Winn, Woodard, Xu.
Nays: Awerkamp, Barrett, Bergkamp, Bergquist, Bloom, Bohi, Brantley, Brunk, Caiharr, B. Carpenter, Chauncey, Corbet, Delperdang, Esau, Essex, Fairchild, Goetz, Helwig, Howell, Howerton, Huebert, Humphries, T. Johnson, Kessler, Lewis, McNorton, Reavis, Rhiley, Roeser, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Sutton, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Present but not voting: None.
Absent or not voting: Alcala, Carlin, Mosley, Poetter.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2114 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed as Substitute for House Bill No. 2114 with Senate Committee of the Whole amendments, as follows:
On page 4, in line 18, by striking "$500" and inserting ":
(A) $250 for a hazard class A dam that does not qualify for an exemption provided for in K.S.A. 82a-301(d) or (e), and amendments thereto;
(B) $500 for a hazard class B dam; and
(C) $1,000 for a hazard class C dam";
Also on page 4, in line 23, after the stricken material by inserting "Post-Construction Permit Fee"; in line 24, after the stricken material by inserting "$200"; in line 25, after the stricken material by inserting "$400"; in line 26, after the stricken material by inserting "$800";
On page 6, in line 3, by striking "$1,500" and inserting "$1,000"; in line 4, by striking "$1,500" and inserting "$1,000"; in line 5, by striking "$2,500" and inserting "$2,000"; in line 6, by striking "$4,000" and inserting "$3,000";
On page 1, in the title, in line 6, before "requiring" by inserting "requiring post-construction permit fees to construct, modify or add to a water obstruction or to change or diminish the course, current or cross section of a stream;";
And your committee on conference recommends the adoption of this report.
Virgil Peck
Craig Bowser
Marci Fransico
Conferees on part of Senate
Ken Rahjes
Lance Neelly
Linda Featherston
Conferees on part of House
On motion of Rep. Rahjes, the conference committee report on Sub Bill for HB 2114 was adopted.
On roll call, the vote was: Yeas 110; Nays 11; Present but not voting: 0; Absent or not voting: 4.
Yeas: Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Croft, Curtis, Delperdang, Droge, Ellis, Essex, Estes, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Poskin, Proctor, Rahjes, Reavis, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sawyer, Clayton, Schlingensiepen, Schreiber, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: Bergkamp, Caiharr, Corbet, Esau, Fairchild, Pishny, Rhiley, Sappington, Schmoe, Schwertfeger, Willcott.
Present but not voting: None.
Absent or not voting: Alcala, Carlin, Mosley, Poetter.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2116 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee of the Whole amendments, as follows:
On page 1, in line 16, by striking "2025" and inserting "2026";
And your committee on conference recommends the adoption of this report.
Elaine Bowers
Ron Ryckman
Oletha Faust Goudeau
Conferees on part of Senate
Emil Bergquist
Doug Blex
Linda Featherston
Conferees on part of House
On motion of Rep. Bergquist, the conference committee report on HB 2116 was adopted.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not voting: 3.
Yeas: Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Alcala, Mosley, Poetter.
CHANGE OF CONFEREES
Speaker pro tempore Carpenter announced the appointment of Reps. A. Smith, Turner, and Sawyer to replace Reps Sutton, Bergkamp, and Neighbor as members of the conference committee on HB 2043, HB 2044 and HB 2046.
On motion of Rep. Croft, the House recessed until 10:50 a.m.
____________________________________
LATE MORNING SESSION
The House met pursuant to recess with Speaker pro tempore Carpenter in the chair.
MESSAGE FROM THE SENATE
Announcing the Senate here with transmits the veto message from the Governor, together with the enrolled copy of SB 368, AN ACT concerning income taxation; relating to Kansas adjusted gross income; enacting the health care sharing ministries tax deduction act; providing a subtraction modification for qualified health care sharing expenses paid by a qualified individual and certain qualified health care shares received by a qualified individual; amending K.S.A. 2025 Supp. 79-32,117 and repealing the existing section., which was received on March 26, 2026 and read on March 27, 2026.
MESSAGE FROM THE GOVERNOR
REGARDING VETO OF SENATE BILL 368
There’s a reason that regulators across the country are taking action against these so-called health care ministries because too often, everyday people are left with huge medical bills. These health care ministries aren’t regulated, which opens the door to all sorts of fraud and abuse.
Let me be clear, this is not about limiting anyone’s ability to practice their faith freely, it’s entirely about ensuring that Kansans are in a health care system that’s reliable and actually covers their medical expenses.
Therefore, pursuant to Article 2, Section 14(a) of the Constitution of the State of Kansas, I hereby veto Senate Bill 368.
A motion was made that SB 368 be passed notwithstanding the Governor's veto. By vote of 30 Yeas and 9 Nays, the motion having received the required two-thirds constitutional majority of the members elected or appointed to the Senate, voting in the affirmative, the bill passed.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2365 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 10 through 34;
By striking all on pages 2 through 38;
On page 39, by striking all in lines 1 through 31; following line 31, by inserting:
"Section 1. K.S.A. 2025 Supp. 21-5701 is hereby amended to read as follows: 21-5701. As used in K.S.A. 21-5701 through 21-5717, and amendments thereto:
(a) "Controlled substance" means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(b) (1) "Controlled substance analog" means a substance that is intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents or intends the substance to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application; or
(C) a substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. § 355, to the extent conduct with respect to the substance is permitted by the exemption.
(c) "Cultivate" means the planting or promotion of growth of five or more plants that contain or can produce controlled substances.
(d) "Distribute" means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. "Distribute" includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. "Distribute" does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act or otherwise authorized by law.
(e) (1) "Drug" means:
(A) Substances recognized as drugs in the official United States pharmacopeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;
(B) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
(C) substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
(D) substances intended for use as a component of any article specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or accessories.
(f) (1) "Drug paraphernalia" means all equipment and materials of any kind that are used, or primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance and in violation of this act.
(2) "Drug paraphernalia" includes, but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived;
(B) kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(C) isomerization devices used or intended for use in increasing the potency of any species of plant that is a controlled substance;
(D) testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(E) scales and balances used or intended for use in weighing or measuring controlled substances;
(F) diluents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose that are used or intended for use in cutting controlled substances;
(G) separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana;
(H) blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;
(I) capsules, balloons, envelopes, bags and other containers used or intended for use in packaging small quantities of controlled substances;
(J) containers and other objects used or intended for use in storing or concealing controlled substances;
(K) hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;
(L) objects used or primarily intended or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil, phencyclidine (PCP), methamphetamine or amphetamine into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(ii) water pipes, bongs or smoking pipes designed to draw smoke through water or another cooling device;
(iii) carburetion pipes, glass or other heat-resistant tubes or any other device used, intended to be used or designed to be used to cause vaporization of a controlled substance for inhalation;
(iv) smoking and carburetion masks;
(v) roach clips, objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(vi) miniature cocaine spoons and cocaine vials;
(vii) chamber smoking pipes;
(viii) carburetor smoking pipes;
(ix) electric smoking pipes;
(x) air-driven smoking pipes;
(xi) chillums;
(xii) bongs;
(xiii) ice pipes or chillers;
(xiv) any smoking pipe manufactured to disguise its intended purpose;
(xv) wired cigarette papers; or
(xvi) cocaine freebase kits.
(3) "Drug paraphernalia" does not include:
(A) Any products, chemicals or materials described in K.S.A. 21-5709(a), and amendments thereto; or
(B) any materials used or intended for use to test a substance for the presence of fentanyl, a fentanyl analog, ketamine or gamma hydroxybutyric acid.
(g) "Fentanyl-related
controlled substance" means any substance designated in K.S.A.
65-4105(b)(1),
(b)(2), (b)(4), (b)(10), (b)(11),
(b)(12), (b)(15), (b)(16), (b)(17), (b)(20), (b)(21), (b)(24),
(b)(26), (b)(27), (b)(28), (b)(35), (b)(42), (b)(43), (b)(44),
(b)(45), (b)(48), (b)(50), (b)(54), (b)(55), (b)(56), (b)(57),
(b)(58), (b)(59), (b)(68), (b)(70), (b)(71), (b)(72), (b)(73),
(b)(74), (b)(75), (b)(76), (b)(77), (b)(78), (b)(79), (b)(80),
(b)(81), (b)(82), (b)(83), (b)(84), (b)(85), (b)(91), (b)(97),
(b)(98), (b)(99), (b)(103), (b)(104)
(b)(66),
(g)(1)
or,
(g)(2),
(i)
or 65-4107(c)(1), (c)(6), (c)(9), (c)(26), (c)(28), (c)(30),
(f)(3)(A) or (f)(3)(B), and amendments thereto, or any analog
thereof.
(h) "Immediate precursor" means a substance that the state board of pharmacy has found to be and by rules and regulations designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.
(i) "Isomer" means all enantiomers and diastereomers.
(j) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of or placing into pill or capsule form a controlled substance either directly or indirectly or by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. "Manufacture" does not include:
(1) The preparation or compounding of a controlled substance by an individual for the individual's own lawful use or the preparation, compounding, packaging or labeling of a controlled substance:
(A) By a practitioner or the practitioner's agent pursuant to a lawful order of a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(B) by a practitioner or by the practitioner's authorized agent under such practitioner's supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance; or
(2) the addition of diluents or adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose or lactose that are intended for use in cutting a controlled substance.
(k) "Marijuana" means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. "Marijuana" does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform controlled substances act;
(3) drug products approved by the United States food and drug administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.
(l) "Minor" means a person under 18 years of age.
(m) "Narcotic drug" means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of coca leaves and any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.
(n) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). "Opiate" does include its racemic and levorotatory forms.
(o) "Opium poppy" means the plant of the species Papaver somniferum l. except its seeds.
(p) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or any other legal entity.
(q) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(r) "School property" means property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12. This definition shall not be construed as requiring that school be in session or that classes are actually being held at the time of the offense or that children must be present within the structure or on the property during the time of any alleged criminal act. If the structure or property meets the above definition, the actual use of that structure or property at the time alleged shall not be a defense to the crime charged or the sentence imposed.
(s) "Simulated controlled substance" means any product that identifies itself by a common name or slang term associated with a controlled substance and that indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.
Sec. 2. K.S.A. 2025 Supp. 65-4105 is hereby amended to read as follows: 65-4105. (a) The controlled substances listed in this section are included in schedule I and the number set forth opposite each drug or substance is the DEA controlled substances code that has been assigned to it.
(b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) Acetyl
fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) 9821
(2) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide) 9815
(3) Acetylmethadol 9601
(4) Acryl
fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide;
acryloylfentanyl) 9811
(5)(2)
AH-7921
(3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide) 9551
(6)(3)
Allylprodine 9602
(7)(4)
Alphacetylmethadol 9603
(except
levo-alphacetylmethadol also known as levo-alpha-acetylmethadol,
levomethadyl acetate or LAAM)
(8)(5)
Alphameprodine 9604
(9)(6)
Alphamethadol 9605
(10) Alpha′-methyl
butyryl fentanyl
(2-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) 9864
(11) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine) 9814
(12) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) 9832
(13)(7)
Benzethidine 9606
(14)(8)
Betacetylmethadol 9607
(15) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide) 9830
(16) Beta-hydroxy-3-methylfentanyl
(other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide) 9831
(17) Beta-hydroxythiofentanyl
(N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide) 9836
(18)(9)
Betameprodine 9608
(19)(10)
Betamethadol 9609
(20) Beta-methyl
fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide;
also known as β-methyl fentanyl) 9856
(21) Beta'-phenyl
fentanyl (N-(1-phenethylpiperidin-4-yl)-N, 3-diphenylpropanamide;
also known as β'-phenyl fentanyl; 3-phenylpropanoyl fentanyl) 9842
(22)(11)
Betaprodine 9611
(23)(12)
Brorphine
(1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one) 9098
(24)(13)
Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1 H -benzimidazol-1-yl)-
N,N -diethylethan-1-amine) 9751
Butyryl
fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide) 9822
(25)(14)
Clonitazene 9612
(26) Crotonyl
fentanyl
((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide) 9844
(27) Cyclopentyl
fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide) 9847
(28) Cyclopropyl
fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide) 9845
(29)(15)
Dextromoramide 9613
(30)(16)
Diampromide 9615
(31)(17)
Diethylthiambutene 9616
(32)(18)
Difenoxin 9168
(33)(19)
Dimenoxadol 9617
(34)(20)
Dimepheptanol 9618
(35) 2′,5′-Dimethoxyfentanyl
(N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide) 9861
(36)(21)
Dimethylthiambutene 9619
(37)(22)
Dioxaphetyl
butyrate 9621
(38)(23)
Dipipanone 9622
(39)(24)
2-(2-(4-ethoxybenzyl)-1 H -benzimidazol-1-yl)- N,N
-diethylethan-1-amine (Other names: etodesnitazene; etazene) 9765
(25) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(piperidin-1-yl)ethyl)-1 H -benzimidazole (Other names: N -piperidinyl etonitazene; etonitazepipne) 9761
(26) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1 H -benzimidazole (Other names: N -pyrrolidino etonitazene; etonitazepyne) 9758
(27) Ethylmethylthiambutene 9623
(40)(28)
Etonitazene 9624
(41)(29)
Etoxeridine 9625
(42) Fentanyl
carbamate (ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate) 9851
(43) 2′-Fluoro
ortho-fluorofentanyl
(N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide;
also known as 2′-fluoro 2-fluorofentanyl) 9855
(44)(30)
Flunitazene ( N,N -diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1 H
-benzimidazol-1-yl)ethan-1-amine) 9756
Furanyl
fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide) 9834
(45) 3-Furanyl
fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-
carboxamide) 9860
(46)(31)
Furethidine 9626
(47)(32)
7-hydroxymitragynine (7-OH)
(33) Hydroxypethidine 9627
(48) Isobutyryl
fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide) 9827
(49)(34)
Isotonitazene
(N,N-diethyl-2-(2-(4
isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine;
N,N-diethyl-2-[[4-(1-methylethoxy)phenyl]methyl]-5-nitro-1
H-benzimidazole-1-ethanamine) 9614
(50) Isovaleryl
fentanyl (3-methyl- N
-(1-phenethylpiperidin-4-yl)-
N-phenylbutanamide) 9862
(51)(35)
Ketobemidone 9628
(52)(36)
Levomoramide 9629
(53)(37)
Levophenacylmorphan 9631
(54) Meta
-Fluorofentanyl (N -(3-fluorophenyl)- N
-(1-phenethylpiperidin-4-yl)propionamide) 9857
(55) Meta
-Fluoroisobutyryl fentanyl ( N -(3-fluorophenyl)- N
-(1-phenethylpiperidin-4-yl)isobutyramide) 9858
(56) Methoxyacetyl
fentanyl
(2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) 9825
(57)(38)
2-(4-methoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1 H
-benzimidazole (Other names: N -pyrrolidino metonitazene;
metonitazepyne) 9762
(39) 2-Methyl AP-237 (1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)
butan-1-one) 9664
4′-Methyl
acetyl fentanyl
(N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide) 9819
(58) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide) 9813
(59) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) 9833
(60)(40)
Metodesnitazene ( N,N -diethyl-2-(2-(4-methoxybenzyl)-1 H
-benzimidazol-1-yl)ethan-1-amine) 9764
(41) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine) 9757
(61)(42)
Morpheridine 9632
(62)(43)
MPPP
(1-methyl-4-phenyl-4-propionoxypiperidine) 9661
(63)(44)
MT-45
(1-cychohexyl-4-(1,2-diphenylethyl)piperazine) 9560
(64)(45)
N- ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1 H
-benzimidazol-1-yl)ethan-1-amine (Other name: N -desethyl
isotonitazene) 9760
(46) N,N -diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1 H -benzimidazol-1-yl)ethan-1-amine (Other name: protonitazene) 9759
(47) 5-nitro-2-(4-propoxybenzyl)-1-(2-(pyrrolidin-1-yl)ethyl)-1 H -benzimidazole (Other names: N -pyrrolidino protonitazene; protonitazepyne) 9763
(48) Noracymethadol 9633
(65)(49)
Norlevorphanol 9634
(66)(50)
Normethadone 9635
(67)(51)
Norpipanone 9636
(68) Ocfentanil
(N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
acetamide) 9838
(69)(52)
O-desmethyltramadol
(Some trade or other names:
2-((dimethylamino)methyl-1-(3-hydroxyphenyl)cyclohexanol;3-(2-((dimethylamino)methyl)-1-hydroxycyclohexyl)phenol)
(70) Ortho-fluoroacryl
fentanyl
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide) 9852
(71) Ortho-fluorobutyryl
fentanyl
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide; also
known as 2-fluorobutyryl fentanyl) 9846
(72) Ortho-fluorofentanyl
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide;
2-fluorofentanyl) 9816
(73) Ortho
-Fluorofuranyl fentanyl ( N -(2-fluorophenyl)- N
-(1-phenethylpiperidin-4-yl)furan-2-carboxamide) 9863
(74) (Ortho-fluoroisobutyryl
fentanyl
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide) 9853
(75) Ortho-methyl
acetylfentanyl
(N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide; also
known as 2-methyl acetylfentanyl) 9848
(76) Ortho-methyl
methoxyacetyl fentanyl
(2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide;
also known as 2-methyl methoxyacetyl
fentanyl) 9820
(77) Para-chloroisobutyryl
fentanyl
(N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide) 9826
(78) Para-fluorobutyryl
fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide) 9823
(79) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide) 9812
(80) Para-fluoroisobutyryl
fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide,
4-fluoroisobutyryl fentanyl) 9824
(81) Para-fluoro
furanyl fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide) 9854
(82) Para-methoxybutyryl
fentanyl
(N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide) 9837
(83) Para
-Methoxyfuranyl fentanyl ( N -(4-methoxyphenyl)- N
-(1-phenethylpiperidin-4-yl)furan-2-carboxamide 9859
(84) para
-Methylcyclopropyl fentanyl ( N -(4-methylphenyl)- N
-(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide) 9865
(85) Para-methylfentanyl
(N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide; also
known as 4-methylfentanyl) 9817
(86)(53)
PEPAP
(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine) 9663
(87)(54)
Phenadoxone 9637
(88)(55)
Phenampromide 9638
(89)(56)
Phenomorphan 9647
(90)(57)
Phenoperidine 9641
(91) Phenyl
fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide; also
known as benzoyl fentanyl) 9841
(92)(58)
Piritramide 9642
(93)(59)
Proheptazine 9643
(94)(60)
Properidine 9644
(95)(61)
Propiram 9649
(96)(62)
Racemoramide 9645
(97) Tetrahydrofuranyl
fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide) 9843
(98) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide) 9835
(99) Thiofuranyl
fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide; also
known as 2-thiofuranyl fentanyl; thiophene fentanyl) 9839
(100)(63)
Tilidine 9750
(101)(64)
Trimeperidine 9646
(102)(65)
U-47700
(3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-
methylbenzamide) 9547
(103)
Valeryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide) 9840
(104)(66)
Zipeprol
(1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-
phenylpropan-2-ol) 9873
(c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine 9319
(2) Acetyldihydrocodeine 9051
(3) Benzylmorphine 9052
(4) Codeine methylbromide 9070
(5) Codeine-N-Oxide 9053
(6) Cyprenorphine 9054
(7) Desomorphine 9055
(8) Dihydromorphine 9145
(9) Drotebanol 9335
(10) Etorphine (except hydrochloride salt) 9056
(11) Heroin 9200
(12) Hydromorphinol 9301
(13) Methyldesorphine 9302
(14) Methyldihydromorphine 9304
(15) Morphine methylbromide 9305
(16) Morphine methylsulfonate 9306
(17) Morphine-N-Oxide 9307
(18) Myrophine 9308
(19) Nicocodeine 9309
(20) Nicomorphine 9312
(21) Normorphine 9313
(22) Pholcodine 9314
(23) Thebacon 9315
(d) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Alpha-ethyltryptamine
7249
Some trade or other names: etryptamine; Monase;
α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and
AET.
(2) 4-bromo-2,5-dimethoxy-amphetamine 7391
Some
trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
(3) 2,5-dimethoxyamphetamine 7396
Some
trade or other names: 2,5-dimethoxy-alpha-methyl-phenethylamine;
2,5-DMA.
(4) 4-methoxyamphetamine 7411
Some
trade or other names: 4-methoxy-alpha-methylphene-thylamine;
paramethoxyamphetamine; PMA.
(5) 5-methoxy-3,4-methylenedioxy-amphetamine 7401
(6) 4-methyl-2,5-dimethoxy-amphetamine 7395
Some
trade or other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM";
and "STP".
(7) 3,4-methylenedioxy amphetamine 7400
(8) 3,4-methylenedioxymethamphetamine (MDMA) 7405
(9) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA) 7404
(10) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4-(methylenedioxy) phenethylamine, and N-hydroxy MDA) 7402
(11) 3,4,5-trimethoxy amphetamine 7390
(12) Bufotenine 7433
Some
trade or other names: 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N,N-dimethyltryptamine; mappine.
(13) Diethyltryptamine 7434
Some
trade or other names: N,N-Diethyltryptamine; DET.
(14) Dimethyltryptamine 7435
Some
trade or other names: DMT.
(15) Ibogaine 7260
Some
trade or other names: 7-Ethyl-6,6
Beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2]azepino[5,4-b]indole;
Tabernanthe iboga
(16) Lysergic acid diethylamide 7315
(17) Marijuana 7360
(18) Mescaline 7381
(19) Parahexyl 7374
Some
trade or other names:
3-Hexyl-l-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
Synhexyl.
(20) Peyote 7415
Meaning
all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds
thereof, any extract from any part of such plant, and every
compound, manufacture, salts, derivative, mixture or preparation of
such plant, its seeds or extracts.
(21) N-ethyl-3-piperidyl benzilate 7482
(22) N-methyl-3-piperidyl benzilate 7484
(23) Psilocybin 7437
(24) Psilocyn 7438
Some
trade or other names: Psilocin.
(25) Ethylamine analog of
phencyclidine 7455
Some trade or other names:
N-ethyl-1-phenyl-cyclo-hexylamine; (1-phenylcyclohexyl)ethylamine;
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.
(26) Pyrrolidine analog of
phencyclidine 7458
Some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP.
(27) Thiophene
analog of phencyclidine 7470
Some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of
phencyclidine; TPCP; TCP.
(28) 1-[1-(2-thienyl)-cyclohexyl]
pyrrolidine 7473
Some other names: TCPy.
(29) 2,5-dimethoxy-4-ethylamphetamine 7399
Some
trade or other names: DOET.
(30) Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
(31) Datura stramonium, commonly known as gypsum weed or jimson weed; all parts of the plant presently classified botanically as datura stramonium, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
(32) 1-(3-[trifluoromethylphenyl])piperazine
Some
trade or other names: TFMPP.
(33) 4-Bromo-2,5-dimethoxyphenethylamine 7392
(34) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of optical isomers 7348
(35) Alpha-methyltryptamine (other name: AMT) 7432
(36) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts and salts of isomers 7439
(37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E) 7509
(38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D) 7508
(39) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C) 7519
(40) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I) 7518
(41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2) 7385
(42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]
ethanamine
(2C-T-4) 7532
(43) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H) 7517
(44) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N) 7521
(45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P) 7524
(46) 5–methoxy–N,N–dimethyltryptamine
(5–MeO–DMT) 7431
Some trade or other names:
5–methoxy–3–[2–(dimethylamino) ethyl]indole.
(47) 2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine 7538
Some
trade or other names: 25I–NBOMe; 2C–I–NBOMe; 25I; Cimbi–5.
(48) 2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine 7537
Some
trade or other names: 25C–NBOMe; 2C–C–NBOMe; 25C; Cimbi–82.
(49) 2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine 7536
Some
trade or other names: 25B–NBOMe; 2C–B–NBOMe; 25B; Cimbi–36.
(50) 2-(2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
Some
trade or other names: 25H-NBOMe.
(51) 2-(2,5-dimethoxy-4-methylphenyl)-N-(2-methoxybenzyl)ethanamine
Some
trade or other names: 25D-NBOMe; 2C-D-NBOMe.
(52) 2-(2,5-dimethoxy-4-nitrophenyl)-N-(2-methoxybenzyl)ethanamine
Some
trade or other names: 25N-NBOMe, 2C-N-NBOMe.
(53) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2,3-b]pyridine-3-carboxamide (5F-CUMYL-P7AICA) 7085
(54) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (other names: methoxetamine, MXE) 7286
(55) 1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names: para-methoxymethamphetamine, PMMA) 1245
(e) Any material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Etizolam 2780
Some
trade or other names:
(4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine)
(2) Mecloqualone 2572
(3) Methaqualone 2565
(4) Gamma hydroxybutyric acid 2010
(5) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(other name: flualprazolam) 2785
(6) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers (other name: clonazolam) 2786
(7) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(other name: flubromazolam) 2788
(8) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one, its salts, isomers, and salts of isomers (other name: diclazepam) 2789
(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
(1) Aminorex 1585
Some
other names: Aminoxaphen 2-amino-5-phenyl-2-oxazoline or
4,5-dihydro-5-phenyl-2-oxazolamine
(2) Fenethylline 1503
(3) N-ethylamphetamine 1475
(4) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine) 1590
(5) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine) 1480
(6) Cathinone (some other names: 2-amino-1-phenol-1-propanone, alpha-amino propiophenone, 2-amino propiophenone and norphedrone) 1235
(7) Substituted
cathinones
Any compound, except bupropion or compounds listed
under a different schedule, structurally derived from
2–aminopropan–1–one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(A) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(B) by substitution at the 3-position with an acyclic alkyl substituent;
(C) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(D) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(8) N-benzylpiperazine (other names: BZP, 1-benzylpiprazine) 7493
(9) Methiopropamine
(N-methyl-1-(thiophen-2-yl)propan-2-amine) 1478
(10) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine) 1595
(11) Amineptine
(7-[(10,11-dihydro-5 H-dibenzo[a,d]cyclohepten-5-yl)
amino]heptanoic
acid) 1219
(12) Mesocarb (N-phenyl-N ′-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate) 1227
(13) Ethylphenidate (ethyl 2-phenyl-2-(piperidin-2-yl)acetate) 1727
(g) Any material, compound, mixture or preparation that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers
(2) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers
(3) Tianeptine, its optical isomers, salts and salts of isomers
(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Tetrahydrocannabinols 7370
Meaning
tetrahydrocannabinols naturally contained in a plant of the genus
Cannabis (cannabis plant), as well as synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of
Cannabis, sp. and/or synthetic substances, derivatives, and their
isomers with similar chemical structure and pharmacological activity
such as the following: Delta
1
9
cis or trans tetrahydrocannabinol, and their optical isomers Delta
6
8
cis or trans tetrahydrocannabinol, and their optical isomers Delta
3,4
6a,10a
cis or trans tetrahydrocannabinol, and its optical isomers
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered.),
except tetrahydrocannabinols in any of the following:
(A) Industrial hemp, as defined in K.S.A. 2-3901, and amendments thereto;
(B) solid waste, as defined in K.S.A. 65-3402, and amendments thereto, and hazardous waste, as defined in K.S.A. 65-3430, and amendments thereto, if such waste is the result of the cultivation, production or processing of industrial hemp, as defined in K.S.A. 2-3901, and amendments thereto, and such waste contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3%; or
(C) hemp products, as defined in K.S.A. 2-3901, and amendments thereto, unless otherwise deemed unlawful pursuant to K.S.A. 2-3908, and amendments thereto.
For the purposes of this subsection, the dibenzopyran system is the numbering convention used to identify the carbon atoms of the chemical structure.
(2) Naphthylmethylindoles
Any
compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure
with substitution at the nitrogen atom of the indole group by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted on
the indole group to any extent and whether or not substituted on the
benzyl or naphthyl ring to any extent.
(3) Naphthoylpyrroles
Any
compound containing a 3-(1-naphthoyl)pyrrole structure with
substitution at the nitrogen atom of the pyrrole group by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted on the pyrrole group to any
extent, whether or not substituted on the benzyl or naphthyl ring to
any extent.
(4) Naphthylmethylindenes
Any
compound containing a naphthylmethylindene structure with
substitution at the 3-position of the indene group by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted on the indene group to any
extent, whether or not substituted on the benzyl or naphthyl ring to
any extent.
(5) Cyclohexylphenols
Any
compound containing a 2-(3-hydroxycyclohexyl)phenol structure with
substitution at the 5-position of the phenolic ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group
whether or not substituted on the cyclohexyl ring to any extent.
(6) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
Some
trade or other names: WIN 55,212-2.
(7) 9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some
trade or other names: HU-210, HU-211.
(8) Indole-3-carboxylate
esters
Any compound containing a 1H-indole-3-carboxylate ester
structure with the ester oxygen bearing a naphthyl, quinolinyl,
isoquinolinyl or adamantyl group and substitution at the 1 position
of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any extent
and whether or not substituted on the naphthyl, quinolinyl,
isoquinolinyl, adamantyl or benzyl groups to any extent.
(9) Indazole-3-carboxamides
Any
compound containing a 1H-indazole-3-carboxamide structure with
substitution at the nitrogen of the carboxamide by a naphthyl,
quinolinyl, isoquinolinyl, adamantyl, benzyl,
1-amino-1-oxoalkan-2-yl or 1-alkoxy-1-oxoalkan-2-yl group and
substitution at the 1 position of the indazole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group, whether or not further substituted on the indazole ring to
any extent and whether or not substituted on the naphthyl,
quinolinyl, isoquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl,
1-alkoxy-1-oxoalkan-2-yl or benzyl groups to any extent.
(10) Indole-3-carboxamides
Any
compound containing a 1H-indole-3-carboxamide structure with
substitution at the nitrogen of the carboxamide by a naphthyl,
quinolinyl, isoquinolinyl, adamantyl, benzyl,
1-amino-1-oxoalkan-2-yl or 1-alkoxy-1-oxoalkan-2-yl group and
substitution at the 1 position of the indole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group, whether or not further substituted on the indole ring to any
extent and whether or not further substituted on the naphthyl,
quinolinyl, isoquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl,
1-alkoxy-1-oxoalkan-2-yl or benzyl groups to any extent.
(11) (1H-indazol-3-yl)methanones
Any
compound containing a (1H-indazol-3-yl)methanone structure with the
carbonyl carbon bearing a naphthyl group and substitution at the 1
position of the indazole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indazole ring to any
extent and whether or not substituted on the naphthyl or benzyl
groups to any extent.
(12) (1H-indol-3-yl)methanones
Any
compound containing a (1H-indol-3-yl)methanone structure with the
carbonyl carbon bearing a naphthyl, quinolinyl, isoquinolinyl,
adamantyl, phenyl, benzyl or tetramethylcyclopropyl group and
substitution at the 1 position of the indole ring by an
alkyl,haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group,
whether or not further substituted on the indole ring to any extent
and whether or not substituted on the naphthyl, quinolinyl,
isoquinolinyl, adamantyl, phenyl, benzyl or tetramethylcyclopropyl
groups to any extent.
(13) Hexahydrocannabinol (HHC)
(14) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one, its optical and geometric isomers, salts and salts of isomers (Some trade or ther names: CUMYL–PEGACLONE; SGT–151) 7093
(i) (1) Unless specifically exempted or unless listed in schedules II through V of the uniform controlled substances act, any material, compound, mixture or preparation that contains any quantity of a fentanyl-related substance or that contains the salts, isomers and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation.
(2) "Fentanyl-related substance" means any substance that is structurally related to fentanyl by one or more of the following modifications:
(A) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(B) substitution in or on the phenethyl group (or replacement as described in sub-paragraph (A)) with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(C) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
(D) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or
(E) replacement of the N-propionyl group by another acyl group.
Sec. 3. K.S.A. 65-4109 is hereby amended to read as follows: 65-4109. (a) The controlled substances listed in this section are included in schedule III and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.
(b) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Any compound, mixture or preparation containing:
(A) Amobarbital 2126
(B) Secobarbital 2316
(C) Pentobarbital 2271
or
any salt thereof and one or more other active medicinal ingredients
which are not listed in any schedule.
(2) Any suppository dosage form containing:
(A) Amobarbital 2126
(B) Secobarbital 2316
(C) Pentobarbital 2271
or
any salt of any of these drugs and approved by the Food and Drug
Administration for marketing only as a suppository.
(3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules 2100
(4) Chlorhexadol 2510
(5) Lysergic acid 7300
(6) Lysergic acid amide 7310
(7) Methyprylon 2575
(8) Sulfondiethylmethane 2600
(9) Sulfonethylmethane 2605
(10) Sulfonmethane 2610
(11) Tiletamine and zolazepam
or any salt thereof 7295
Some trade or other names for a
tiletamine-zolazepam combination product: Telazol
Some trade or
other names for tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone
Some trade or other
names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one,
flupyrazapon
(12) Ketamine, its salts,
isomers, and salts of isomers 7285
Some other names for
ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone
(13) Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid contained in a drug product for which an application has been approved under section 505 of the federal food, drug and cosmetic act
(14) Embutramide 2020
(15) Perampanel, its salts,
isomers, and salts of isomers 2261
Some other names for
perampanel: 2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2
dihydropyridin-3-yl) benzonitrile
(c) Nalorphine 9400
(d) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium 9803
(2) not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9804
(3) not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9807
(4) not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9808
(5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts 9809
(6) not more than 50
milligrams of morphine or any of its salts per 100 milliliters or
per
100 grams with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts 9810
(7) any material, compound, mixture or preparation containing any of the following narcotic drugs or their salts, as set forth below:
(A) Buprenorphine 9064
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance listed in schedule II, which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal regulations, and any other drug of the quantitive composition shown in that list for those drugs or which is the same, except that it contains a lesser quantity of controlled substances 1405
(2) Benzphetamine 1228
(3) Chlorphentermine 1645
(4) Chlortermine 1647
(5) Phendimetrazine 1615
(f) Anabolic steroids 4000
"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:
(1) 3β,17-dihydroxy-5a-androstane
(2) 3α,17β-dihydroxy-5a-androstane
(3) 5α-androstan-3,17-dione
(4) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene)
(5) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene)
(6) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene)
(7) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene)
(8) 1-androstenedione ([5α]-androst-1-en-3,17-dione)
(9) 4-androstenedione (androst-4-en-3,17-dione)
(10) 5-androstenedione (androst-5-en-3,17-dione)
(11) bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one)
(12) boldenone (17β-hydroxyandrost-1,4-diene-3-one)
(13) boldione (androsta-1,4-diene-3,17-dione)
(14) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one)
(15) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one)
(16) dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one)
(17) desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17β-ol) (also known as "madol")
(18) Δ1-dihydrotestosterone (17β-hydroxy-5α-androst-1-en-3-one) (also known as "1-testosterone")
(19) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one)
(20) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one)
(21) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene)
(22) fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one)
(23) formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one)
(24) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan)
(25) 13β-ethyl-17β-hydroxygon-4-en-3-one
(26) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one)
(27) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one)
(28) mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one)
(29) mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan-3-one)
(30) methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one)
(31) methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene)
(32) methasterone (2α,17α-dimethyl-5α-androstan-17β-ol-3-one)
(33) methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one)
(34) 17α-methyl-3β,17β-dihydroxy-5a-androstane
(35) 17α-methyl-3α,17β-dihydroxy-5a-androstane
(36) 17α-methyl-3β,17β-dihydroxyandrost-4-ene
(37) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one)
(38) methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one)
(39) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9,11-trien-3-one)
(40) methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one)
(41) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one)
(42) 17α-methyl-Δ1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as "17-α-methyl-1-testosterone")
(43) nandrolone (17β-hydroxyestr-4-en-3-one)
(44) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene)
(45) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene)
(46) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene)
(47) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene)
(48) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione)
(49) 19-nor-4-androstenedione (estr-4-en-3,17-dione)
(50) 19-nor-5-androstenedione (estr-5-en-3,17-dione)
(51) norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one)
(52) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one)
(53) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one)
(54) normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one)
(55) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one)
(56) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one)
(57) oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one)
(58) prostanozol (17β-hydroxy-5α-androstano[3,2-c]pyrazole)
(59) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole)
(60) stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one)
(61) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone)
(62) testosterone (17β-hydroxyandrost-4-en-3-one)
(63) tetrahydrogestrinone (13β, 17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one)
(64) trenbolone (17β-hydroxyestr-4,9,11-trien-3-one)
(65) 5α-androstan-3,6,17-trione;
(66) 6-bromo-androsta-1,4-diene-3,17-dione;
(67) 6-bromo-androstan-3,17-dione;
(68) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol;
(69) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol;
(70) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one;
(71) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11-dione;
(72) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one;
(73) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol;
(74) estra-4,9,11-triene-3,17-dione;
(75) [3,2-c]furazan-5α-androstan-17β-ol;
(76) 18a-homo-3-hydroxy-estra-2,5(10)-dien-17-one;
(77) 4-hydroxy-androst-4-ene-3,17-dione;
(78) 17β-hydroxy-androstano[2,3-d]isoxazole;
(79) 17β-hydroxy-androstano[3,2-c]isoxazole;
(80) 3β-hydroxy-estra-4,9,11-triene-17-one;
(81) 17α-methyl-androsta-1,4-diene-3,17β-diol;
(82) 17α-methyl-5α-androstan-17β-ol;
(83) 17α-methyl-androstan-3-hydroxyimine-17β-ol;
(84) 6α-methyl-androst-4-ene-3,17-dione;
(85) 17α-methyl-androst-2-ene-3,17β-diol;
(86) [3,2-c]pyrazole-androst-4-en-17β-ol;
(87) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.
(A) Except as provided in (B), such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States' secretary of health and human services for such administration.
(B) If any person prescribes, dispenses or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subsection (f).
(g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Dronabinol (synthetic) in
sesame oil and encapsulated in a soft gelatin capsule in a United
States food and drug administration approved product 7369
Some
other names for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6-6-9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-0l,
or (-)-delta-9-(trans)-tetrahydrocannabinol.
(h) The board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
Sec. 4. K.S.A. 2025 Supp. 65-4111 is hereby amended to read as follows: 65-4111. (a) The controlled substances listed in this section are included in schedule IV and the number set forth opposite each drug or substance is the DEA controlled substances code that has been assigned to it.
(b) Any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation and having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Alprazolam 2882
(2) Barbital 2145
(3) Brexanolone 2400
(4) Bromazepam 2748
(5) Camazepam 2749
(6) Carisoprodol 8192
(7) Chloral betaine 2460
(8) Chloral hydrate 2465
(9) Chlordiazepoxide 2744
(10) Clobazam 2751
(11) Clonazepam 2737
(12) Clorazepate 2768
(13) Clotiazepam 2752
(14) Cloxazolam 2753
(15) Daridorexant 2410
(16) Delorazepam 2754
(17) Diazepam 2765
(18) Dichloralphenazone 2467
(19) Estazolam 2756
(20) Ethchlorvynol 2540
(21) Ethinamate 2545
(22) Ethyl loflazepate 2758
(23) Fludiazepam 2759
(24) Flunitrazepam 2763
(25) Flurazepam 2767
(26) Fospropofol 2138
(27) Halazepam 2762
(28) Haloxazolam 2771
(29) Ketazolam 2772
(30) Lemborexant 2245
(31) Loprazolam 2773
(32) Lorazepam 2885
(33) Lormetazepam 2774
(34) Mebutamate 2800
(35) Medazepam 2836
(36) Meprobamate 2820
(37) Methohexital 2264
(38) Methylphenobarbital (mephobarbital) 2250
(39) Midazolam 2884
(40) Nimetazepam 2837
(41) Nitrazepam 2834
(42) Nordiazepam 2838
(43) Oxazepam 2835
(44) Oxazolam 2839
(45) Paraldehyde 2585
(46) Petrichloral 2591
(47) Phenobarbital 2285
(48) Pinazepam 2883
(49) Prazepam 2764
(50) Quazepam 2881
(51) Remimazolam 2846
(52) Temazepam 2925
(53) Tetrazepam 2886
(54) Triazolam 2887
(55) Zolpidem 2783
(56) Zaleplon 2781
(57) Zopiclone 2784
(58) Alfaxalone. 2731
(59) Suvorexant 2223
(60) Zuranolone 2420
(c) Any material, compound, mixture or preparation that contains any quantity of lorcaserin (1625), including its salts, isomers and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible (21 U.S.C. § 812; 21 C.F.R. § 1308.14).
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine) 1230
(2) Diethylpropion 1610
(3) Fencamfamin 1760
(4) Fenproporex 1575
(5) Mazindol 1605
(6) Mefenorex 1580
(7) Pemoline (including organometallic complexes and chelates thereof) 1530
(8) Phentermine 1640
The provisions of subsection (d)(8) shall expire on the date phentermine and its salts and isomers are removed from schedule IV of the federal controlled substances act (21 U.S.C. § 812; 21 C.F.R. § 1308.14).
(9) Pipradrol 1750
(10) Serdexmethylphenidate 1729
(11) SPA((-)-1-dimethylamino-1, 2-diphenylethane) 1635
(12) Sibutramine 1675
(13) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-, carbamate (ester)) 1650
(14) MondafinilModafinil 1680
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following, including salts thereof:
(1) Pentazocine 9709
(2) Butorphanol (including its optical isomers) 9720
(3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers 9725
(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit 9167
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propion-oxybutane) 9278
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers (including tramadol) 9752
(g) Butyl nitrite and its salts, isomers, esters, ethers or their salts.
(h) The board may except by rule and regulation any compound, mixture or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances that have a depressant effect on the central nervous system.
Sec. 5 K.S.A. 65-4109 and K.S.A 2025 Supp. 21-5701, 65-4105 and 65-4111";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "concerning"; by striking all in lines 2 through 6; in line 7, by striking all before "and" and inserting "controlled substances; adding and removing certain substances in schedule I, III and IV of the uniform controlled substances act; making conforming changes to the criminal code definition of fentanyl-related controlled substances; amending K.S.A. 65-4109 and K.S.A. 21-5701, 65-4105 and 65-4111";
And your committee on conference recommends the adoption of this report.
Beverly Gossage
William Clifford
Conferees on part of Senate
Will Carpenter
Ron Bryce
Conferees on part of House
On motion of Rep. W. Carpenter, the conference committee report on HB 2365 was adopted.
On roll call, the vote was: Yeas 76; Nays 49; Present but not voting: 0; Absent or not voting: 0.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, W. Carpenter, Chauncey, Corbet, Croft, Droge, Ellis, Esau, Essex, Estes, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howerton, Hoye, Huebert, Humphries, James, King, Lewis, Long, McDonald, Minnix, Moser, Neelly, Pickert, Pishny, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roth, Sappington, Schreiber, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Bloom, Boatman, Paige, Carlin, Carmichael, B. Carpenter, Carr, Collins, Curtis, Delperdang, Fairchild, Featherston, Haskins, Helgerson, Howell, T. Johnson, Kessler, Martinez, McNorton, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poetter, Roeser, Ruiz, L., Ruiz, S., Sanders, Sawyer, Clayton, Schlingensiepen, Schmoe, Schwertfeger, Simmons, Stogsdill, Sutton, Vaughn, Waymaster, Weigel, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: None.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2509 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, following line 10, by inserting:
"New Section 1. (a) For the purposes of this section, "point-of-care testing" means laboratory-based capillary assays. "Point-of-care testing" does not include point-of-care ultrasound or other imaging modalities and venipuncture or other procedures requiring vascular access beyond the use of a fingerstick or other capillary methods.
(b) Physical therapists may perform point-of-care laboratory testing limited to assays classified by the centers for medicare and medicaid services as CLIA-waived tests. Permitted tests include lactate and blood glucose if used for the purpose of obtaining information related to muscle metabolism, exercise tolerance or rehabilitation status. Such testing shall not include the diagnostic use of point-of-care testing for medical conditions outside the scope of physical therapy practice.
(c) A physical therapist or the facility where testing is performed shall obtain and maintain a CLIA certificate of waiver in accordance with federal law. Testing shall be performed only in accordance with manufacturer instructions, including training requirements for staff performing such tests.
(d) Results of point-of-care testing shall be used as adjunct information to support physical therapy evaluation and treatment planning or to comply with a physician's order.
(e) Point-of-care laboratory testing by physical therapists shall not be construed as granting independent authority to diagnose medical conditions.
(f) Physical therapists shall not bill third-party payers for point-of-care laboratory testing as stand-alone reimbursable services. Nothing in this section shall prohibit a physical therapist or facility from charging a patient for the reasonable cost of testing supplies used in connection with such testing.
(g) A physical therapist shall not perform point-of-care testing unless a patient or the patient's representative provides written consent. Written consent shall include:
(1) Disclosure of costs to the patient or the patient's representative; and
(2) an acknowledgment of financial responsibility from the patient or the patient's representative.";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking the first "healthcare" and inserting "health professions"; in line 1, after the semicolon by inserting "relating to physical therapists; allowing licensed physical therapists to perform certain capillary blood tests;";
And your committee on conference recommends the adoption of this report.
Beverly Gossage
William Clifford
Cindy Holscher
Conferees on part of Senate
Will Carpenter
Ron Bryce
Susan Ruiz
Conferees on part of House
On motion of Rep. Carpenter, W., the conference committee report on HB 2509 was adopted.
On roll call, the vote was: Yeas 92; Nays 33; Present but not voting: 0; Absent or not voting: 0.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, Carmichael, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Clayton, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Xu.
Nays: Alcala, Amyx, Ballard, Blex, Boatman, Paige, Carlin, Carr, Curtis, Ellis, Haskins, Helgerson, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Ruiz, L., Ruiz, S., Sawyer, Schlingensiepen, Schreiber, Simmons, Stogsdill, Weigel, Winn, Wolf, Woodard.
Present but not voting: None.
Absent or not voting: None.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2479 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 3, following line 15, by inserting:
"Sec. 2. K.S.A. 21-5301 is hereby amended to read as follows: 21-5301. (a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.
(b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the crime was not possible.
(c) (1) An attempt to commit an off-grid felony shall be ranked at nondrug severity level 1. An attempt to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for an attempt to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of attempting to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;
(I) aggravated
internet trading in child pornography, as defined in K.S.A.
21-5514(b), and amendments thereto, if the offender is 18 years of
age or older and the child is less than 14 years of age;
or
(J) capital murder, as defined in K.S.A. 21-5401, and amendments thereto; or
(K) breach of privacy, as defined in K.S.A. 21-6101(a)(6) or (7), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age.
(d)
(1) An attempt to commit a felony
which
that
prescribes a sentence on the drug grid shall reduce the prison term
prescribed in the drug grid block for an underlying or completed
crime by six months.
(2) The provisions of this subsection shall not apply to a violation of attempting to commit a violation of K.S.A. 21-5703, and amendments thereto.
(e) An attempt to commit a class A person misdemeanor is a class B person misdemeanor. An attempt to commit a class A nonperson misdemeanor is a class B nonperson misdemeanor.
(f) An attempt to commit a class B or C misdemeanor is a class C misdemeanor.
Sec. 3. K.S.A. 21-5302 is hereby amended to read as follows: 21-5302. (a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator.
(b) It is immaterial to the criminal liability of a person charged with conspiracy that any other person with whom the defendant conspired lacked the actual intent to commit the underlying crime provided that the defendant believed the other person did have the actual intent to commit the underlying crime.
(c) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person's co-conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.
(d) (1) Conspiracy to commit an off-grid felony shall be ranked at nondrug severity level 2. Conspiracy to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for conspiracy to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of conspiracy to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;
(I) aggravated
internet trading in child pornography, as defined in K.S.A.
21-5514(b), and amendments thereto, if the offender is 18 years of
age or older and the child is less than 14 years of age;
or
(J) violations of the Kansas racketeer influenced and corrupt organization act, as described in K.S.A. 21-6329, and amendments thereto; or
(K) breach of privacy, as defined in K.S.A. 21-6101(a)(6) or (7), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age.
(e) Conspiracy
to commit a felony
which
that
prescribes a sentence on the drug grid shall reduce the prison term
prescribed in the drug grid block for an underlying or completed
crime by six months.
(f) A conspiracy to commit a misdemeanor is a class C misdemeanor.
Sec. 4. K.S.A. 21-5303 is hereby amended to read as follows: 21-5303. (a) Criminal solicitation is commanding, encouraging or requesting another person to commit a felony, attempt to commit a felony or aid and abet in the commission or attempted commission of a felony for the purpose of promoting or facilitating the felony.
(b) It is immaterial under subsection (a) that the actor fails to communicate with the person solicited to commit a felony if the person's conduct was designed to effect a communication.
(c) It is an affirmative defense that the actor, after soliciting another person to commit a felony, persuaded that person not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purposes.
(d) (1) Criminal solicitation to commit an off-grid felony shall be ranked at nondrug severity level 3. Criminal solicitation to commit any other nondrug felony shall be ranked on the nondrug scale at three severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for criminal solicitation to commit a nondrug felony shall be a severity level 10.
(2) The provisions of this subsection shall not apply to a violation of criminal solicitation to commit the crime of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;
(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;
(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;
(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;
(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;
(H) sexual
exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4),
and amendments thereto, if the offender is 18 years of age or older
and the child is less than 14 years of age;
or
(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or
(J) breach of privacy, as defined in K.S.A. 21-6101(a)(6) or (7), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age.
(e) Criminal
solicitation to commit a felony
which
that
prescribes a sentence on the drug grid shall reduce the prison term
prescribed in the drug grid block for an underlying or completed
crime by six months.
Sec. 5. K.S.A. 21-5428 is hereby amended to read as follows: 21-5428. (a) Blackmail is intentionally gaining or attempting to gain anything of value or compelling or attempting to compel another to act against such person's will, excluding sexual contact, sexual intercourse or conduct that is of a sexual nature, by threatening to:
(1) Communicate accusations or statements about any person that would subject such person or any other person to public ridicule, contempt or degradation; or
(2) disseminate
any
videotape, photograph, film or
image
obtained in violation of K.S.A. 21-6101(a)(6) or (a)(8), and
amendments thereto,
video or other recording:
(A) Obtained in violation of K.S.A. 21-6101(a)(6), and amendments thereto; or
(B) of another identifiable person who is nude or engaged in sexual activity, including, but not limited to, any image, video or other recording that has been created, in whole or in part, altered or modified by artificial intelligence or any digital means to appear to depict or purport to depict such identifiable person, regardless of whether such identifiable person was involved in the creation of the original image, video or other recording.
(b) Blackmail as defined in:
(1) Subsection (a)(1) is a severity level 7, nonperson felony; and
(2) subsection (a)(2) is a severity level 4, person felony.
(c) As used in this section, "image, video or other recording" means any photograph, film, video picture, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means.
Sec. 6. K.S.A. 21-5512 is hereby amended to read as follows: 21-5512. (a) Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if:
(1) The offender is an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services for a correctional institution, and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate;
(2) the offender is a parole officer, volunteer for the department of corrections or the employee or volunteer of a contractor who is under contract to provide supervision services for persons on parole, conditional release or postrelease supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate who has been released on parole, conditional release or postrelease supervision and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is an inmate who has been released and is currently on parole, conditional release or postrelease supervision;
(3) the offender is a law enforcement officer, an employee of a jail, or the employee of a contractor who is under contract to provide services in a jail and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined to such jail;
(4) the offender is a law enforcement officer, an employee of a juvenile detention facility or sanctions house, or the employee of a contractor who is under contract to provide services in such facility or sanctions house and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined to such facility or sanctions house;
(5) the offender is an employee of the department of corrections or the employee of a contractor who is under contract to provide services in a juvenile correctional facility and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined to such facility;
(6) the offender is an employee of the department of corrections or the employee of a contractor who is under contract to provide direct supervision and offender control services to the department of corrections and:
(A) The person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person l6 years of age or older who has been:
(i) Released on conditional release from a juvenile correctional facility under the supervision and control of the department of corrections or juvenile community supervision agency; or
(ii) placed in the custody of the department of corrections under the supervision and control of the department of corrections or juvenile community supervision agency; and
(B) the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under supervision;
(7) the offender is an employee of the Kansas department for aging and disability services or the Kansas department for children and families or the employee of a contractor who is under contract to provide services in an aging and disability or children and families institution or to the Kansas department for aging and disability services or the Kansas department for children and families and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is a patient in such institution or in the custody of the secretary for aging and disability services or the secretary for children and families;
(8) the offender is a worker, volunteer or other person in a position of authority in a family foster home licensed by the department of health and environment and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is a foster child placed in the care of such family foster home;
(9) the
offender is a teacher or other person in a position of authority
for a school
and the person with whom the offender is engaging in consensual
sexual intercourse, lewd fondling or touching, or sodomy is a person
16 years of age or older who is a student enrolled at
the
such
school
where the offender is employed.
If the offender is the parent of the student,
the provisions of this section shall not apply and
the provisions of K.S.A. 21-5604(b), and amendments thereto, shall
apply,
not this subsection;
(10) the offender is a court services officer or the employee of a contractor who is under contract to provide supervision services for persons under court services supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been placed on probation under the supervision and control of court services and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of court services;
(11) the offender is a community correctional services officer or the employee of a contractor who is under contract to provide supervision services for persons under community corrections supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been assigned to a community correctional services program under the supervision and control of community corrections and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of community corrections;
(12) the offender is a surety or an employee of a surety and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is the subject of a surety or bail bond agreement with such surety and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is the subject of a surety or bail bond agreement with such surety; or
(13) the offender is a law enforcement officer and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is interacting with such law enforcement officer during the course of a traffic stop, a custodial interrogation, an interview in connection with an investigation, or while the law enforcement officer has such person detained.
(b) Unlawful sexual relations as defined in:
(1) Subsection (a)(5) is a severity level 4, person felony; and
(2) subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), (a)(10), (a)(11), (a)(12) or (a)(13) is a severity level 5, person felony.
(c)
(1) If an offender violates the provisions of this section by
engaging in consensual sexual intercourse which would constitute a
violation of K.S.A. 21-5503, and amendments thereto,
the provisions of this section shall not apply and
the provisions of K.S.A. 21-5503, and amendments thereto, shall
apply,
not this section.
(2) If
an offender violates the provisions of this section by engaging in
consensual sexual intercourse which would constitute a violation of
K.S.A. 21-5506(b)(1), and amendments thereto,
the provisions of this section shall not apply and
the provisions of K.S.A. 21-5506(b)(1), and amendments thereto,
shall apply,
not this section.
(3) If
an offender violates the provisions of this section by engaging in
sodomy which would constitute a violation of K.S.A. 21-5504(a)(3),
(a)(4) or (b), and amendments thereto,
the provisions of this section shall not apply and
the provisions of K.S.A. 21-5504(a)(3), (a)(4) or (b), and
amendments thereto, shall apply,
not this section.
(4) If
an offender violates the provisions of this section by engaging in
lewd fondling or touching which would constitute a violation of
K.S.A. 21-5506(b)(2), and amendments thereto,
the provisions of this section shall not apply and
the provisions of K.S.A. 21-5506(b)(2), and amendments thereto,
shall apply,
not this section.
(d) As used in this section:
(1) "Correctional
institution" means the same as in K.S.A. 75-5202, and
amendments thereto;
(2) "inmate"
means the same as in K.S.A. 75-5202, and amendments thereto;
(3) "parole
officer" means the same as in K.S.A. 75-5202, and amendments
thereto;
(4) "postrelease
supervision" means the same as in K.S.A. 21-6803, and
amendments thereto;
(5) "juvenile
detention facility" means the same as in K.S.A. 38-2302, and
amendments thereto;
(6) "juvenile
correctional facility" means the same as in K.S.A. 38-2302, and
amendments thereto;
(7) "sanctions
house" means the same as in K.S.A. 38-2302, and amendments
thereto;
(8) "institution"
means the same as in K.S.A. 76-12a01, and amendments thereto;
(9) "teacher"
means and includes teachers, coaches, supervisors, principals,
superintendents and any other professional employee in any public or
private school offering any of grades kindergarten through 12;
(10) "Community
corrections" means the entity responsible for supervising
adults and juvenile offenders for confinement, detention, care or
treatment, subject to conditions imposed by the court pursuant to
the community corrections act, K.S.A. 75-5290, and amendments
thereto, and the revised Kansas juvenile justice code, K.S.A.
38-2301 et seq., and amendments thereto;
(2) "correctional institution" means the same as defined in K.S.A. 75-5202, and amendments thereto;
(11)(3) "court
services" means the entity appointed by the district court that
is responsible for supervising adults and juveniles placed on
probation and misdemeanants placed on parole by district courts of
this state;
(4) "inmate" means the same as defined in K.S.A. 75-5202, and amendments thereto;
(5) "institution" means the same as defined in K.S.A. 76-12a01, and amendments thereto;
(12)(6) "juvenile
community supervision agency" means an entity that receives
grants for the purpose of providing direct supervision to juveniles
in the custody of the department of corrections;
and
(7) "juvenile correctional facility" means the same as defined in K.S.A. 38-2302, and amendments thereto;
(8) "juvenile detention facility" means the same as defined in K.S.A. 38-2302, and amendments thereto;
(9) "parole officer" means the same as defined in K.S.A. 75-5202, and amendments thereto;
(10) "person in a position of authority for a school" includes, but is not limited to, any person who is:
(A) Not a student enrolled at the school;
(B) delegated authority by the school to interact with students; and
(C) (i) a volunteer for the school who is 21 years of age or older;
(ii) designated or assigned through such person's employment to provide services for the school; or
(iii) a contractor or an employee of a contractor who is under contract to provide services for the school;
(11) "postrelease supervision" means the same as defined in K.S.A. 21-6803, and amendments thereto;
(12) "sanctions house" means the same as defined in K.S.A. 38-2302, and amendments thereto;
(13) "school" means any public or private school offering any of the grades kindergarten through 12;
(13)(14) "surety"
means the same as
defined
in K.S.A. 22-2809a, and amendments thereto;
and
(15) "teacher" means and includes teachers, coaches, supervisors, principals, superintendents and any other professional employee in any school.
Sec.
7. K.S.A. 2025 Supp. 21-5601 is hereby amended to read as follows:
21-5601.
(a) Endangering a child is knowingly and unreasonably causing or
permitting a child under
the age of
18 years
of age
to be placed in a situation in which the child's life, body or
health may be endangered.
(b) Aggravated endangering a child is:
(1) Recklessly
causing or permitting a child under
the age of
18 years
of age
to be placed in a situation in which the child's life, body or
health is endangered;
(2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine or any fentanyl-related controlled substance; or
(3) causing or permitting such child to be in an environment where the person knows or reasonably should know that:
(A) Drug paraphernalia or volatile, toxic or flammable chemicals are stored or used for the purpose of manufacturing or attempting to manufacture any methamphetamine; or
(B) drug paraphernalia or toxic materials, compounds or mixtures are stored or used for the purpose of manufacturing or attempting to manufacture any fentanyl-related controlled substance.
(c) (1) Endangering a child is a:
(A) Class A person misdemeanor if the child is at least six years of age but less than 18 years of age; and
(B) severity level 9, person felony if the child is less than six years of age.
(2) Except as provided in subsection (c)(3), aggravated endangering a child is a:
(A) Severity
level 9, person felony
except as provided in subsection (c)(2)(B)
if the child is at least six years of age but less than 18 years of
age;
and
(B) severity level 8, person felony if the child is less than six years of age.
(3) Aggravated endangering a child when bodily harm is inflicted upon the child is a:
(A) Severity
level 6, person felony
when bodily harm is inflicted upon the child
if the child is at least six years of age but less than 18 years of
age; and
(B) severity level 5, person felony if the child is less than six years of age.
(3)(4) The
sentence for a violation of aggravated endangering a child shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason that the child's parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.
(e) As used in this section:
(1) "Drug paraphernalia," "fentanyl-related controlled substance" and "manufacture" mean the same as defined in K.S.A. 21-5701, and amendments thereto; and
(2) "methamphetamine" means any substance designated in K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or any analog thereof.
Sec.
8. K.S.A. 2025 Supp. 21-6101 is hereby amended to read as follows:
21-6101.
(a) Breach of privacy is
knowingly
intentionally
and without lawful authority:
(1) Intercepting, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of private communication;
(2) divulging, without the consent of the sender or receiver, the existence or contents of such message if such person knows that the message was illegally intercepted, or if such person illegally learned of the message in the course of employment with an agency in transmitting such message;
(3) entering with intent to listen surreptitiously to private conversations in a private place or to observe the personal conduct of any other person or persons entitled to privacy therein;
(4) installing or using outside or inside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible without the use of such device, without the consent of the person or persons entitled to privacy therein;
(5) installing or using any device or equipment for the interception of any telephone, telegraph or other wire or wireless communication without the consent of the person in possession or control of the facilities for such communication;
(6) installing
or using
a camcorder, motion picture camera or photographic camera of any
type to videotape, film, photograph or
any device or software to
record
or view,
by electronic or other means,
the nude body of, or the undergarments worn by,
another identifiable person
under or through the clothing being worn by that other person or
another identifiable person who is nude or in a state of undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person,
without the consent or knowledge of that other person, with the
intent to invade the privacy of that other person, under
circumstances in which that other person has a reasonable
expectation of privacy;
(7) disseminating
or permitting the dissemination of any
videotape, photograph, film or
image,
video or other recording
obtained in violation of subsection (a)(6); or
(8) disseminating
any
videotape, photograph, film or
image,
video or other recording
of another identifiable person 18 years of age or older who is nude
or engaged in sexual activity and under circumstances in which such
identifiable person had a reasonable expectation of privacy, with
the intent to harass, threaten or intimidate such identifiable
person, and such identifiable person did not consent to such
dissemination. This includes disseminating any
videotape, photograph, film or
image,
video or other recording
that has been created, in whole or in part, altered or modified by
artificial intelligence or any digital means to appear to depict or
purport to depict such identifiable person, regardless of whether
such identifiable person was involved in the creation of the
original image,
video or other recording.
(b) Breach of privacy as defined in:
(1) Subsection (a)(1) through (a)(5) is a class A nonperson misdemeanor;
(2) subsection
(a)(6)
or (a)(8)
is a:
(A) Severity
level 8, person felony, except as provided in
subsection
subsections
(b)(2)(B),
(b)(2)(C) and (b)(4);
and
(B) severity level 5, person felony upon a second or subsequent conviction within the previous five years, except as provided in subsection (b)(4); and
(C) severity level 5, person felony if the victim is 14 years of age or older but less than 18 years of age;
(3) subsection (a)(7) is a severity level 5, person felony, except as provided in subsection (b)(4);
(4) subsection (a)(6) or (a)(7) or attempt, conspiracy or criminal solicitation to commit breach of privacy as defined in subsection (a)(6) or (a)(7) is an off-grid person felony if the offender is 18 years of age or older and the victim is less than 14 years of age; and
(5) subsection (a)(8) is a:
(A) Severity level 8, person felony, except as provided in subsection (b)(4)(B); and
(B) severity level 5, person felony upon a second or subsequent conviction within the previous five years.
(c) If the offender is 18 years of age or older and the victim is less than 14 years of age, the provisions of:
(1) K.S.A. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of breach of privacy as defined in subsection (a)(6) or (a)(7);
(2) K.S.A. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of breach of privacy as defined in subsection (a)(6) or (a)(7); and
(3) K.S.A. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of breach of privacy as defined in subsection (a)(6) or (a)(7).
(d) Subsection (a)(1) shall not apply to messages overheard through a regularly installed instrument on a telephone party line or on an extension.
(d)(e) The
provisions of this section shall not apply to:
(1) An
operator of a switchboard, or any officer, employee or agent of any
public utility providing telephone communications service, whose
facilities are used in the transmission of a communication, to
intercept, disclose or use that communication in the normal course
of employment while engaged in any activity
which
that
is incident to the rendition of public utility service or to the
protection of the rights of property of such public utility;
(2) a provider of an interactive computer service, as defined in 47 U.S.C. § 230, for content provided by another person;
(3) a radio common carrier, as defined in K.S.A. 66-1,143, and amendments thereto;
(4) a local exchange carrier or telecommunications carrier as defined in K.S.A. 66-1,187, and amendments thereto;
(5) a cable service, as defined in 47 U.S.C. § 522;
(6) a provider of direct-to-home satellite services, as defined in 47 U.S.C. § 303(v); and
(7) a multichannel video programming distributor, as defined in 47 U.S.C. § 522(13), or an affiliate thereof.
(e)(f) The
provisions of subsection (a)(8) shall not apply to a person acting
with a bona fide and lawful scientific, educational, governmental,
news or other similar public purpose.
(f)(g) As
used in this section,:
(1) "Image, video or other recording" means any photograph, film, video picture, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means;
(2) "lawful authority" does not include any act or behavior prohibited by this section that is undertaken with the intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person;
(3) "nude" means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered; and
(4) "private place" means a place where one may reasonably expect to be safe from uninvited intrusion or surveillance.";
On page 7, in line 10, before "K.S.A" by inserting "K.S.A. 21-5301, 21-5302, 21-5303, 21-5428 and 21-5512 and"; also in line 10, after "Supp." by inserting "21-5601, 21-6101 and"; also in line 10, by striking "is" and inserting "are";
And by renumbering sections accordingly;
On page 1, in the title, in line 5, after the semicolon by inserting "modifying the culpable mental state required to commit the crime of breach of privacy and increasing the criminal penalties for certain violations of such crime and attempt, conspiracy or criminal solicitation of certain violations of such crime; modifying the elements of the crime of blackmail related to threatened dissemination of any image, video or other recording of another identifiable person who is nude or engaged in sexual activity by changing the connection to breach of privacy and describing the content of the image, video or other recording; describing who is a person in a position of authority for a school for the crime of unlawful sexual relations; increasing the penalties for the crimes of endangering a child and aggravated endangering a child if the child is less than six years of age;"; also in line 5, after "amending" by inserting "K.S.A. 21-5301, 21-5302, 21-5303, 21-5428 and 21-5512 and"; also in line 5, after "Supp." by inserting "21-5601, 21-6101 and"; in line 6, by striking "section" and inserting "sections";
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Ethan Corson
Conferees on part of Senate
Susan Humphries
Laura Williams
Dan Osman
Conferees on part of House
On motion of Rep. Humphries, the conference committee report on HB 2479 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not voting: 1.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Simmons.
Speaker Hawkins announced the appointment of Reps. Estes, McNorton, and Stogsdill to replace Reps W. Carpenter, Bryce, and S. Ruiz as members of the conference committee on HB 2763.
MESSAGES FROM THE SENATE
The Senate adopts the Conference Committee report to agree to disagree on SB 462, and has appointed Senators Warren, Titus and Corson as Second conferees on the part of the Senate.
The Senate adopts the Conference Committee report on SB 92.
The Senate adopts the Conference Committee report on SB 232.
The Senate adopts the Conference Committee report on SB 271.
The Senate adopts the Conference Committee report on SB 321.
The Senate adopts the Conference Committee report on SB 353.
The Senate adopts the Conference Committee report on SB 374.
The Senate adopts the Conference Committee report on SB 380.
The Senate adopts the Conference Committee report on SB 403.
The Senate adopts the Conference Committee report on SB 412.
The Senate adopts the Conference Committee report on SB 418.
The Senate adopts the Conference Committee report on HB 2485.
The Senate adopts the Conference Committee report on HB 2534.
The Senate adopts the Conference Committee report on HB 2731.
The Senate concurs in House amendments to SB 487, and requests return of the bill.
On motion of Rep. Croft, the House recessed until 1:15 p.m.
____________________________________
EARLY AFTERNOON SESSION
The House met pursuant to recess with Speaker pro tempore Carpenter in the chair.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2521 submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference committee be appointed;
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Conferees on part of Senate
Susan Humphries
Laura Williams
Conferees on part of House
On motion of Rep. Humphries the conference committee report on HB 2521 to agree to disagree, was adopted.
Speaker pro tempore Carpenter thereupon appointed Reps. Humphries, Williams, L. and Osman as second conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2651 submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference committee be appointed;
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Conferees on part of Senate
Susan Humphries
Laura Williams
Conferees on part of House
On motion of Rep. Humphries the conference committee report on HB 2651 to agree to disagree, was adopted.
Speaker pro tempore Carpenter thereupon appointed Reps. Humphries, Williams, L. and Osman as second conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 229 submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference committee be appointed;
And your committee on conference recommends the adoption of this report.
Larry Alley
Stephen Owens
Conferees on part of Senate
Sean Tarwater
Jill Ward
Conferees on part of House
On motion of Rep. Tarwater the conference committee report on Sub Bill for SB 229 to agree to disagree, was adopted.
Speaker pro tempore Carpenter thereupon appointed Reps. Tarwater, Ward and Clayton as second conferees on the part of the House.
CONSIDERATION OF VETO
On motion of Rep. Bryce the House proceeded to reconsider SB 368 AN ACT concerning income taxation; relating to Kansas adjusted gross income; enacting the health care sharing ministries tax deduction act; providing a subtraction modification for qualified health care sharing expenses paid by a qualified individual and certain qualified health care shares received by a qualified individual; amending K.S.A. 2025 Supp. 79-32,117 and repealing the existing section..
The Governor's objection to SB 368 having been read (HJ page 2886 ) the question being shall the bill be passed not withstanding the Governor's veto?
On roll call, the vote was: Passed
A two-thirds majority of the members elected to the House having voted in favor of the bill over the Governor's veto, the motion did prevail, the bill did pass.
On roll call, the vote was: Yeas 87; Nays 37; Present but not voting: 0; Absent or not voting: 1.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Paige, Carlin, Carmichael, Carr, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schreiber, Simmons, Stogsdill, Vaughn, Weigel, Wikle, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Schlingensiepen.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2601 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee of the Whole amendments, as follows:
On page 2, in line 31, after "(d)" by inserting "The court shall order the secretary to place an individual on the registry"; also in line 31, by striking "an" and inserting "the"; also in line 31, after "is" by inserting ":
(1)";
Also on page 2, also in line 31, by striking "or adjudicated to have committed"; in line 32, after the first "child" by inserting a semicolon; also in line 32, after the first "or" by inserting:
"(2)";
Also on page two, in line 33, by striking all after "children"; in line 34, by striking all before the period;
On page 3, following line 40, by inserting:
"Sec. 2. K.S.A. 2025 Supp. 38-2223 is hereby amended to read as follows: 38-2223. (a) Persons making reports. (1) When any of the following persons has reason to suspect that a child has been harmed as a result of physical, mental or emotional abuse or neglect or sexual abuse, the person shall report the matter promptly as provided in subsections (b) and (c);
(A) The following persons providing medical care or treatment: Persons licensed to practice the healing arts, dentistry and optometry, persons engaged in postgraduate training programs approved by the state board of healing arts, licensed professional or practical nurses and chief administrative officers of medical care facilities;
(B) the following persons licensed by the state to provide mental health services: Licensed psychologists, licensed masters level psychologists, licensed clinical psychotherapists, licensed social workers, licensed marriage and family therapists, licensed clinical marriage and family therapists, licensed behavioral analysts, licensed assistant behavioral analysts, licensed professional counselors, licensed clinical professional counselors and registered alcohol and drug abuse counselors;
(C) teachers, school administrators and other employees of an educational institution that the child is attending and any member of the board of directors of the Kansas state high school activities association referenced in K.S.A. 72-7114, and amendments thereto, and any person who is employed by or is an officer of such association;
(D) persons licensed by the secretary of health and environment to provide child care services or the employees of persons so licensed at the place where the child care services are being provided to the child;
(E) firefighters, emergency medical services personnel, law enforcement officers, juvenile intake and assessment workers, court services officers, community corrections officers, case managers appointed under K.S.A. 23-3508, and amendments thereto, and mediators appointed under K.S.A. 23-3502, and amendments thereto; and
(F) any person employed by or who works as a volunteer for any organization, whether for profit or not-for-profit, that provides social services to pregnant teenagers, including, but not limited to, counseling, adoption services and pregnancy education and maintenance.
(2) In addition to the reports required under subsection (a)(1), any person who has reason to suspect that a child may be a child in need of care may report the matter as provided in subsection (b) and (c).
(b) Form of report. (1) The report may be made orally and shall be followed by a written report if requested. Every report shall contain, if known:
(A) The names and addresses of the child and the child's parents or other persons responsible for the child's care;
(B) the location of the child if not at the child's residence;
(C) the child's gender, race and age;
(D) the reasons why the reporter suspects the child may be a child in need of care;
(E) if abuse or neglect or sexual abuse is suspected, the nature and extent of the harm to the child, including any evidence of previous harm;
(F) any custody dispute involving the child who is the subject of the report, and if there is a known dispute, any information regarding such dispute; and
(G) any other information that the reporter believes might be helpful in establishing the cause of the harm and the identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care, the reporter shall disclose protected health information freely and cooperate fully with the secretary and law enforcement throughout the investigation and any subsequent legal process.
(c) To whom made. Reports made pursuant to this section shall be made to the secretary, except as follows:
(1) When the Kansas department for children and families is not open for business, reports shall be made to the appropriate law enforcement agency. On the next day that the department is open for business, the law enforcement agency shall report to the department any report received and any investigation initiated pursuant to K.S.A. 38-2226, and amendments thereto. The reports may be made orally or, on request of the secretary, in writing.
(2) Reports of child abuse or neglect occurring in an institution operated by the Kansas department of corrections shall be made to the attorney general or the secretary of corrections. Reports of child abuse or neglect occurring in an institution operated by the Kansas department for aging and disability services shall be made to the appropriate law enforcement agency. All other reports of child abuse or neglect by persons employed by the Kansas department for aging and disability services or the Kansas department for children and families, or of children of persons employed by either department, shall be made to the appropriate law enforcement agency.
(d) Death of child. Any person who is required by this section to report a suspicion that a child is in need of care and who knows of information relating to the death of a child shall immediately notify the coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Violations. (1) Willful and knowing failure to make a report required by this section is a class B misdemeanor. It is not a defense that another mandatory reporter made a report.
(2) Intentionally preventing or interfering with the making of a report required by this section is a class B misdemeanor.
(3) Any person who willfully and knowingly makes a false report pursuant to this section or makes a report that such person knows lacks factual foundation is guilty of a class B misdemeanor.
(f) Immunity from liability. Anyone who, without malice, participates in the making of a report to the secretary or a law enforcement agency relating to a suspicion a child may be a child in need of care or who participates in any activity or investigation relating to the report or who participates in any judicial proceeding resulting from the report shall have immunity from any civil liability that might otherwise be incurred or imposed.
(g) On or before January 11, 2027, and the first day of the regular session every year thereafter, the secretary shall submit a report to the house of representatives committee on child welfare and foster care, the senate committee on judiciary and the joint committee on child welfare system oversight, or any successor committee thereof. The report shall include the number of reports of abuse or neglect made to and received by the secretary that include a known custody dispute and whether such report:
(1) Was anonymously reported;
(2) was or has been assigned for investigation;
(3) led to a family needs assessment;
(4) resulted in an unsubstantiated or substantiated report; or
(5) led to an out-of-home placement.";
On page 17, in line 8, after "Supp." by inserting "38-2223,";
And by renumbering sections accordingly;
On page 1, in the title, in line 2, after the first "neglect" by inserting "and reports thereof"; in line 8, after the semicolon by inserting "requiring reports of abuse or neglect to include information regarding child custody disputes and that the secretary report to the legislature on such information;"; in line 9, after "Supp." by inserting "38-2223,";
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Ethan Corson
Conferees on part of Senate
Cyndi Howerton
Timothy Johnson
Jarrod Ousley
Conferees on part of House
On motion of Rep. Howerton, the conference committee report on HB 2601 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not voting: 1.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Schlingensiepen.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2372 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed as Senate Substitute for House Bill No. 2372, as follows:
On page 1, in line 12, after "sheriff" by inserting "or keeper of the jail"; in line 34, after "sheriff" by inserting "or keeper of the jail";
On page 2, in line 8, after "sheriff" by inserting "or keeper of the jail"; in line 16, after "sheriff" by inserting "or keeper of the jail"; in line 21, after "sheriff" by inserting "or keeper of the jail";
On page 3, following line 38, by inserting:
"New Sec. 5. (a) Unlawful approach of a first responder is knowingly:
(1) Approaching or remaining within 25 feet of an individual whom the person knows or reasonably should have known is a first responder;
(2) while such first responder is engaged in the performance of such first responder's duties;
(3) after receiving a visual or audible signal not to approach or remain within 25 feet of such first responder given by a first responder because of a reasonable belief, under the totality of the circumstances, that separation is necessary for the safety of any person or property; and
(4) causing such first responder to:
(A) Be distracted from performing such first responder's duties; or
(B) have an increased level of concern of physical harm to any person or damage to property.
(b) Unlawful approach of a first responder is a class B person misdemeanor.
(c) As used in this section:
(1) "First responder" means a law enforcement officer, an emergency medical services provider as defined in K.S.A. 65-6112, and amendments thereto, or a firefighter as defined in K.S.A. 40-1709, and amendments thereto; and
(2) "law enforcement officer" means the same as defined in K.S.A. 21-5111, and amendments thereto, and any federal law enforcement officer as defined in 5 U.S.C. § 8401 or 6 U.S.C. § 271.
(d) Nothing in this section shall grant law enforcement authority to a federal law enforcement officer.
(e) This section shall be a part of and supplemental to the Kansas criminal code.
Sec. 6. K.S.A. 2025 Supp. 8-1102 is hereby amended to read as follows: 8-1102. (a) (1) A person shall not use the public highway to abandon vehicles or use the highway to leave vehicles unattended in such a manner as to interfere with public highway operations. When a person leaves a motor vehicle on a public highway or other property open to use by the public, the public agency having jurisdiction of such highway or other property open to use by the public, after 48 hours or when the motor vehicle interferes with public highway operations, may remove and impound the motor vehicle.
(2) Any motor vehicle that has been impounded as provided in this section for 30 days or more shall be disposed of in the following manner:
(A) If such motor vehicle has displayed thereon a registration plate issued by the division of vehicles and has been registered with the division, the public agency shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles not more than 30 days after such agency took possession of the vehicle. The public agency shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county where the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within 15 days from the date of the mailing of the notice, that it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within 15 calendar days after receipt of verification of the last owner and any lienholders, if any, as provided in this subsection.
(B) After 15 days from date of mailing notice, the public agency shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in the county where such motor vehicle was abandoned and left. Such notice shall describe the motor vehicle by name of maker, model, serial number, and owner, if known, and stating that it has been impounded by the public agency and that it will be sold at public auction to the highest bidder for cash if the owner thereof does not claim it within 10 days of the date of the second publication of the notice and pay the removal and storage charges, and publication costs incurred by the public agency. If the motor vehicle does not display a registration plate issued by the division of vehicles and is not registered with the division, the public agency after 30 days from the date of impoundment, shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles no more than 30 days after such agency took possession of the vehicle. The public agency shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within 15 days from the date of the mailing of the notice, it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within 10 days after receipt of verification of the last owner and any lienholders, if any, as provided in this subsection. After 15 days from the date of mailing notice, the public agency shall publish a notice in a newspaper of general circulation in the county where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state that it has been impounded by said public agency and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim it within 10 days of the date of the second publication of the notice and pay the removal and storage charges incurred by the public agency.
(C) When any public agency has complied with the provisions of this section with respect to an abandoned motor vehicle and the owner thereof does not claim it within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the public agency on such motor vehicle, the public agency may sell the motor vehicle at public auction to the highest bidder for cash. A public agency shall provide a certification of compliance to a purchaser upon the sale and transfer of a vehicle authorized by this section.
(3) After any sale pursuant to this section, the purchaser may file proof thereof with the division of vehicles, and the division shall issue a certificate of title to the purchaser of such motor vehicle. All moneys derived from the sale of motor vehicles pursuant to this section, after payment of the expenses of the impoundment and sale, shall be paid into the fund of the public agency that is used by it for the construction or maintenance of highways.
(b) Any person who abandons and leaves a vehicle on real property, other than public property or property open to use by the public, that is not owned or leased by such person or by the owner or lessee of such vehicle shall be guilty of criminal trespass, as defined in K.S.A. 21-5808, and amendments thereto, and upon request of the owner or occupant of such real property, the public agency in whose jurisdiction such property is situated may remove and dispose of such vehicle in the manner provided in subsection (a), except that the provisions of subsection (a) requiring that a motor vehicle be abandoned for a period of time in excess of 48 hours prior to its removal shall not be applicable to abandoned vehicles that are subject to the provisions of this subsection. Any person removing such vehicle from the real property at the request of such public agency shall have a possessory lien on such vehicle for the costs incurred in removing, towing and storing such vehicle.
(c) Whenever any motor vehicle has been left unattended for more than 48 hours or when any unattended motor vehicle interferes with public highway operations or any law enforcement operations, any law enforcement officer is hereby authorized to move such vehicle or cause to have the vehicle moved as provided in K.S.A. 8-1103 et seq., and amendments thereto.
(d) The notice provisions of this section shall apply to any motor vehicle that has been impounded as provided in K.S.A. 8-1567, and amendments thereto.
(e) Any person attempting to recover a motor vehicle impounded as provided in this section or in accordance with a city ordinance or county resolution providing for the impoundment of motor vehicles, shall show proof of valid registration and ownership of the motor vehicle to the public agency before obtaining the motor vehicle. In addition, the public agency may require payment of all reasonable costs associated with the impoundment of the motor vehicle, including transportation and storage fees, prior to release of the motor vehicle.
(f) As used in this section, "law enforcement officer" means the same as defined in K.S.A. 21-5111, and amendments thereto, and any federal law enforcement officer as defined in 5 U.S.C. § 8401 or 6 U.S.C. § 271.
(g) Nothing in this section shall grant law enforcement authority to a federal law enforcement officer.
Sec.
7. K.S.A. 8-1404 is hereby amended to read as follows: 8-1404.
"Authorized emergency vehicle" means such fire department
vehicles or police bicycles or police vehicles
which
that
are publicly owned,
including law enforcement vehicles owned by the federal government;
motor vehicles operated by ambulance services permitted by the
emergency medical services board under the provisions of K.S.A.
65-6101 et seq., and amendments thereto; wreckers, tow trucks or car
carriers, as defined by K.S.A. 66-1329, and amendments thereto, and
having a certificate of public service from the state corporation
commission; and such other publicly or privately owned vehicles
which
that
are designated as emergency vehicles pursuant to K.S.A. 8-2010, and
amendments thereto.
Sec.
8. K.S.A. 8-2010 is hereby amended to read as follows: 8-2010.
(a) Any particular vehicle listed in
subsection (b) of
K.S.A. 8-2010a(b),
and amendments thereto, shall be designated, by the board of county
commissioners in which such vehicle is located, as an authorized
emergency vehicle upon the filing of an application pursuant to
K.S.A. 8-2010a, and amendments thereto and a finding that
designation of such vehicle is necessary to the preservation of life
or property or to the execution of emergency governmental functions.
The designation shall be in writing and the written designation
shall be carried in the vehicle at all times, but failure to carry
the written designation shall not affect the status of the vehicle
as an authorized emergency vehicle.
(b) Any vehicle designated as an authorized emergency vehicle prior to the effective date of this act, may continue to operate as an authorized emergency vehicle, as long as:
(1) The ownership of such vehicle remains unchanged; and
(2) the use of such vehicle for purposes for which such vehicle was designated remains unchanged, except that all future operation of such vehicle as an authorized emergency vehicle shall be in accordance with this section and such other applicable provisions of law.
(c) The following vehicles shall not be required to be designated by the board of county commissioners as authorized emergency vehicles:
(1) Fire
department vehicles or police vehicles
which
that
are publicly owned,
including any such vehicles owned by the federal government;
(2) motor vehicles operated by ambulance services permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto; and
(3) wreckers, tow trucks or car carriers, as defined by K.S.A. 66-1329, and amendments thereto, and having a certificate of public service from the state corporation commission.
(d) Any vehicle designated under the provisions of this section, as an authorized emergency vehicle in the county in which such vehicle is located, shall be a valid designation of such vehicle in any other county and such vehicle shall be authorized to operate as an authorized emergency vehicle without being required to obtain any additional designation in any other county.";
On page 5, following line 32, by inserting:
"Sec. 10. K.S.A. 21-5904 is hereby amended to read as follows: 21-5904. (a) Interference with law enforcement is:
(1) Falsely reporting to a law enforcement officer, law enforcement agency or state investigative agency:
(A) That a particular person has committed a crime, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(B) that a law enforcement officer has committed a crime or committed misconduct in the performance of such officer's duties, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(C) any information, knowing that such information is false and intending to influence, impede or obstruct such officer's or agency's duty; or
(D) any information concerning the death, disappearance or potential death or disappearance of a child under the age of 13, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(2) concealing, destroying or materially altering evidence with the intent to prevent or hinder the apprehension or prosecution of any person;
(3) knowingly obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty; or
(4) knowingly fleeing from a law enforcement officer, other than fleeing by operation of a motor vehicle, when the law enforcement officer has:
(A) Reason to stop the person under K.S.A. 22-2402, and amendments thereto; and
(B) given the person visual or audible signal to stop.
(b) Interference with law enforcement as defined in:
(1) Subsection (a)(1)(A) and (a)(1)(B) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(2) subsection (a)(1)(C) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(2)(B); and
(B) severity level 9, nonperson felony in the case of a felony;
(3) subsection (a)(1)(D) is a severity level 8, nonperson felony;
(4) subsection (a)(2) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(4)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(5) subsection (a)(3) is a:
(A) Severity level 9, nonperson felony in the case of a felony, or resulting from parole or any authorized disposition for a felony; and
(B) class A nonperson misdemeanor in the case of a misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case; and
(6) subsection (a)(4) is a:
(A) Class A nonperson misdemeanor in the case of a misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case;
(B) severity level 7, nonperson felony in the case of a felony, or resulting from parole or any authorized disposition for a felony; and
(C) severity level 5, nonperson felony if the offender discharged or used a firearm while fleeing.
(c) As used in this section:
(1) "Any person authorized by law" includes, but is not limited to, a law enforcement officer as defined in paragraph (2); and
(2) "law enforcement officer" means the same as defined in K.S.A. 21-5111, and amendments thereto, and any federal law enforcement officer as defined in 5 U.S.C. § 8401 or 6 U.S.C. § 271.
(d) Nothing in this section shall grant law enforcement authority to a federal law enforcement officer.
Sec. 11. K.S.A. 21-5922 is hereby amended to read as follows: 21-5922. (a) Interference with the conduct of public business in public buildings is:
(1) Conduct at or in any public building owned, operated or controlled by the United States, the state or any of its political subdivisions so as to knowingly deny to any public official, public employee or any invitee on such premises, the lawful rights of such official, employee or invitee to enter, to use the facilities or to leave any such public building;
(2) knowingly impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof;
(3) knowingly
refusing or failing to leave any such public building upon being
requested to do so by the chief administrative officer, or such
officer's designee, charged with maintaining order in such public
building, if such person is committing, threatens to commit or
incites others to commit, any act
which
that
did or would if completed, disrupt, impair, interfere with or
obstruct the lawful missions, processes, procedures or functions
being carried on in such public building;
(4) knowingly impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any such public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session; or
(5) knowingly impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official.
(b) Aggravated interference with the conduct of public business is interference with the conduct of public business in public buildings, as defined in subsection (a), when in possession of any firearm or weapon as described in K.S.A. 21-6301 or 21-6302, and amendments thereto.
(c)
(1) Interference with the conduct of public business in public
buildings is a class A nonperson misdemeanor:.
(2) Aggravated interference with the conduct of public business is a level 6, person felony.
(d) Nothing in this section shall grant law enforcement authority to a federal law enforcement officer as defined in 5 U.S.C. § 8401 or 6 U.S.C. § 271.
Sec. 12. K.S.A. 2025 Supp. 75-6104 is hereby amended to read as follows: 75-6104. (a) A governmental entity or an employee acting within the scope of the employee's employment shall not be liable for damages resulting from:
(1) Legislative functions, including, but not limited to, the adoption or failure to adopt any statute, regulation, ordinance or resolution;
(2) judicial function;
(3) enforcement
of or failure to enforce a law, whether valid or invalid, including,
but not limited to,
:
(A) Any statute, rule and regulation, ordinance or resolution; or
(B) any federal law or executive order;
(4) adoption
or enforcement of, or failure to adopt or enforce, any written
personnel policy
which
that
protects persons' health or safety unless a duty of care,
independent of such policy, is owed to the specific individual
injured, except that the finder of fact may consider the failure to
comply with any written personnel policy in determining the question
of negligence;
(5) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee, whether or not the discretion is abused and regardless of the level of discretion involved;
(6) the assessment or collection of taxes or special assessments;
(7) any claim by an employee of a governmental entity arising from the tortious conduct of another employee of the same governmental entity, if such claim is:
(A) Compensable pursuant to the Kansas workers compensation act; or
(B) not compensable pursuant to the Kansas workers compensation act because the injured employee was a firemen's relief association member who was exempt from such act pursuant to K.S.A. 44-505d, and amendments thereto, at the time the claim arose;
(8) the malfunction, destruction or unauthorized removal of any traffic or road sign, signal or warning device unless it is not corrected by the governmental entity responsible within a reasonable time after actual or constructive notice of such malfunction, destruction or removal. Nothing herein shall give rise to liability arising from the act or omission of any governmental entity in placing or removing any of the above signs, signals or warning devices when such placement or removal is the result of a discretionary act of the governmental entity;
(9) any
claim
which
that
is limited or barred by any other law or
which
is for injuries or property damage against an officer, employee or
agent where the individual is immune from suit or damages;
(10) any claim based upon emergency management activities, except that governmental entities shall be liable for claims to the extent provided in article 9 of chapter 48 of the Kansas Statutes Annotated, and amendments thereto;
(11) the failure to make an inspection, or making an inadequate or negligent inspection, of any property other than the property of the governmental entity, to determine whether the property complies with or violates any law or rule and regulation or contains a hazard to public health or safety;
(12) snow or ice conditions or other temporary or natural conditions on any public way or other public place due to weather conditions, unless the condition is affirmatively caused by the negligent act of the governmental entity;
(13) the plan or design for the construction of or an improvement to public property, either in its original construction or any improvement thereto, if the plan or design is approved in advance of the construction or improvement by the governing body of the governmental entity or some other body or employee exercising discretionary authority to give such approval and if the plan or design was prepared in conformity with the generally recognized and prevailing standards in existence at the time such plan or design was prepared;
(14) failure to provide, or the method of providing, police or fire protection;
(15) any claim for injuries resulting from the use of any public property intended or permitted to be used as a park, playground or open area for recreational purposes, unless:
(A) The governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing such injury; or
(B) an employee of the governmental entity commits childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(16) the natural condition of any unimproved public property of the governmental entity;
(17) any claim for injuries resulting from the use or maintenance of a public cemetery owned and operated by a municipality or an abandoned cemetery, title to which has vested in a governmental entity pursuant to K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing the injury;
(18) the existence, in any condition, of a minimum maintenance road, after being properly so declared and signed as provided in K.S.A. 68-5,102, and amendments thereto;
(19) any claim for damages arising from the operation of vending machines authorized pursuant to K.S.A. 68-432 or 75-3343a, and amendments thereto;
(20) providing,
distributing or selling information from geographic information
systems
which
that
includes an entire formula, pattern, compilation, program, device,
method, technique, process, digital database or system
which
that
electronically records, stores, reproduces and manipulates by
computer geographic and factual information
which
that
has been developed internally or provided from other sources and
compiled for use by a public agency, either alone or in cooperation
with other public or private entities;
(21) any claim arising from providing a juvenile justice program to juvenile offenders, if such juvenile justice program has contracted with the commissioner of juvenile justice or with another nonprofit program that has contracted with the commissioner of juvenile justice. The provisions of this section do not apply to community service work within the scope of K.S.A. 60-3614, and amendments thereto, or to claims arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(22) performance of, or failure to perform, any activity pursuant to K.S.A. 74-8922, and amendments thereto, including, but not limited to, issuance and enforcement of a consent decree agreement, oversight of contaminant remediation and taking title to any or all of the federal enclave described in such statute;
(23) any
claim arising from the making of a donation of used or excess fire
control, fire rescue, or emergency medical services equipment to a
fire department, fire district, volunteer fire department, medical
emergency response team or the Kansas forest service if at the time
of making the donation the donor believes that the equipment is
serviceable or may be made serviceable. This subsection also applies
to equipment that is acquired through the federal excess personal
property program established by the federal property and
administrative services act of 1949, 40 U.S.C. § 483. This
subsection shall apply to any breathing apparatus or any mechanical
or electrical device
which
that
functions to monitor, evaluate, or restore basic life functions,
only if it is recertified to the manufacturer's specifications by a
technician certified by the manufacturer; or
(24) any claim arising from the acceptance of a donation of fire control, fire rescue or emergency medical services equipment, if at the time of the donation the donee reasonably believes that the equipment is serviceable or may be made serviceable and if after placing the donated equipment into service, the donee maintains the donated equipment in a safe and serviceable manner.
(b) The enumeration of exceptions to liability in this section shall not be construed to be exclusive nor as legislative intent to waive immunity from liability in the performance or failure to perform any other act or function of a discretionary nature.
(c) The exceptions to liability in subsections (a)(1) through (a)(4) shall not be construed to preclude, prohibit or otherwise limit a claim for damages arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto. Failure of a governmental entity to adopt or enforce a policy, regulation or law related to childhood sexual abuse and failure to exercise reasonable discretion in the supervision of a governmental employee who commits childhood sexual abuse may be considered by the trier of fact in determining the question of a governmental entity's negligence.";
Also on page 5, in line 33, after "K.S.A." by inserting "8-1404, 8-2010,"; also in line 33, by striking "is" and inserting ", 21-5904 and 21-5922 and K.S.A. 2025 Supp. 8-1102 and 75-6104 are";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking "immigration" and inserting "law enforcement; creating the crime of unlawful approach of a first responder and providing penalties therefor; requiring traffic laws that apply to local and state law enforcement to apply to federal law enforcement; including federal law enforcement in the definitions used in the crime of interference with law enforcement; including buildings owned by the United States in the crime of interference with the conduct of public business in public buildings; including enforcement of federal laws and executive orders in the exceptions from liability in the tort claims act"; in line 8, after "K.S.A." by inserting "8-1404, 8-2010,"; also in line 8, after "12-2904" by inserting ", 21-5904 and 21-5922 and K.S.A. 2025 Supp. 8-1102 and 75-6104"; in line 9, by striking "section" and inserting "sections";
And your committee on conference recommends the adoption of this report.
Mike Thompson
Tory Marie Blew
Conferees on part of Senate
Tom Kessler
Rebecca Schmoe
Conferees on part of House
On motion of Rep. Kessler, the conference committee report on S Sub for HB 2372 was adopted.
On roll call, the vote was: Yeas 85; Nays 39; Present but not voting: 0; Absent or not voting: 1.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Bohi, Paige, Carlin, Carmichael, Carr, Collins, Curtis, Fairchild, Featherston, Haskins, Helgerson, Howe, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Simmons, Stogsdill, Vaughn, Wikle, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Schlingensiepen.
EXPLANATIONS OF VOTE
Mr. Speaker: Having a Retired DEA Agent and a Fallen LEO in my family and with beliefs I was raised with, I usually support Law Enforcement and Public Safety of all Branches.
However, my feelings of HB 2372 and from talking with representatives from Public Safety, I cannot support this bill – they each pointed out that currently there are procedures in place that work – this solves a problem we do not have – one even pointed out – “I think it is unnecessary and will be abused leading to litigation and other issues. Probably borderline unconstitutional”. So with that, I will be voting NO on HB 2372. – Lynn Melton
Mr. Speaker: I vote No on HB 2372 Law enforcement is a dangerous job. If the police cannot handle it, they should get a different job. Chipping away at First Amendment rights is not the answer.-Abi Boatman
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SCR 1603 submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference committee be appointed;
And your committee on conference recommends the adoption of this report.
Adam Smith
Carl Turner
Conferees on part of House
Caryn Tyson
Virgil Peck
Conferees on part of Senate
On motion of Rep. Smith, A. the conference committee report on SCR 1603 to agree to disagree, was adopted.
Speaker pro tempore Carpenter thereupon appointed Reps. A. Smith, Turner and Sawyer as second conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2462 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 3, following line 8, by inserting:
"Sec.
3. K.S.A. 2025 Supp. 82a-955 is hereby amended to read as follows:
82a-955.
(a) On
July 1, 2024, the director of accounts and reports shall transfer
$45,000,000 from the state general fund to the state water plan
fund. On July 1, 2025, and
July 1, 2026,
and July 1, 2027,
the director of accounts and reports shall transfer $35,000,000 from
the state general fund to the state water plan fund. It is the
intent of the legislature to provide for the transfer of $35,000,000
from the state general fund to the state water plan fund on July 1,
2027
2028.
(b) (1) The state water plan fund shall continue to be appropriated and expended for the purposes prescribed in K.S.A. 82a-951, and amendments thereto, except that if an appropriation is made for any fiscal year as intended in subsection (a), on July 1, 2025, and July 1, 2026, or as soon thereafter on such dates as moneys are available:
(A) $5,500,000$5,000,000
shall be transferred from the state water plan fund to the water
technical assistance fund established in K.S.A. 2025 Supp. 82a-956,
and amendments thereto; and
(B) $12,500,000$12,000,000
shall be transferred from the state water plan fund to the water
projects grant fund established in K.S.A. 2025 Supp. 82a-957, and
amendments thereto.
(2) The
provisions of this section shall expire on July 1,
2028
2029.
On July 1,
2028
2029,
the director of accounts and reports shall transfer all moneys in
the water technical assistance fund and the water projects grant
fund to the state water plan fund and all liabilities of the water
technical assistance fund and the water projects grant fund shall be
imposed upon the state water plan fund. On July 1,
2028
2029,
the water technical assistance fund and the water projects grant
fund shall be abolished.
(c) (1) (A) Notwithstanding any restrictions in K.S.A. 82a-951, and amendments thereto, the Kansas water authority may recommend to the legislature the appropriation of up to 10% of the unencumbered balance of the state water plan fund to be used to supplement salaries of existing state agency full-time equivalent employees and for funding new full-time equivalent positions created to implement the state water plan. Moneys from such appropriation may be used to supplement existing positions, but such moneys shall not be used to replace state general fund moneys, any fee fund moneys or other funding for positions existing on July 1, 2023.
(B) Eligible full-time equivalent positions that moneys may be used for pursuant to this paragraph include engineers, geologists, hydrologists, environmental scientists, attorneys, resource planners, grant specialists and any other similar positions.
(2) If at least two conservation districts present a joint proposal to the Kansas water authority for a position or positions to provide shared services to all districts involved in such proposal, the Kansas water authority may recommend that moneys be used to supplement the salary or salaries of such position or positions pursuant to paragraph (1).
(3) The Kansas water authority shall encourage funding requests from state and local entities that cooperate with qualified nonprofit entities on projects that provide a direct benefit to water quantity and quality, including water infrastructures that are both natural and constructed, and include matching funds from non-state sources.
(4) The
Kansas water authority may direct the Kansas water office to provide
funding pursuant to K.S.A. 2025 Supp. 82a-956 or 82a-957, and
amendments thereto, for the improvement of water infrastructure in
an unincorporated area related to or serving a national park site or
state historic site if the request for funding is made by a
nonprofit organization or state agency that is willing to administer
the moneys and oversee the project, and the Kansas water authority
deems such applicant capable of successfully managing the project.
Upon receipt of such a request, the Kansas water office may award
moneys in any fiscal year prior to July 1,
2028
2029,
with such awarding of moneys to be made at the discretion of the
Kansas water office.
(5) The Kansas water authority shall encourage the creation of grant programs for stockwatering conservation projects. Such grant programs shall prioritize the use of fees collected pursuant to K.S.A. 82a-954(a)(3), and amendments thereto.
(d) All reporting requirements established in K.S.A. 82a-951, and amendments thereto, shall continue and such reporting requirements shall apply to the water technical assistance fund established in K.S.A. 2025 Supp. 82a-956, and amendments thereto, and the water projects grant fund established in K.S.A. 2025 Supp. 82a-957, and amendments thereto.
Sec. 4. K.S.A. 2025 Supp. 82a-956 is hereby amended to read as follows: 82a-956. (a) (1) There is hereby established in the state treasury the water technical assistance fund. The fund shall be administered by the Kansas water office. Expenditures from such fund shall be used for the purposes described in subsection (b). All expenditures shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office, or such director's designee.
(2) Whenever the unencumbered balance of the water technical assistance fund exceeds $15,000,000, such excess moneys may be recommended for appropriation by the Kansas water authority for the same purposes as any other moneys in the state water plan fund are appropriated.
(b) (1) The water technical assistance fund shall be used by the Kansas water office to provide grants for the planning, engineering, managing and other technical assistance that may be necessary in the development of plans for water infrastructure projects or for processing the grant and loan applications for such water infrastructure projects. The Kansas water office may offer services directly, provide funding to other organizations to provide such services at no cost to a municipality or special district related to water or the Kansas water office may provide grants directly to applicants to cover expenses related to the hiring of such technical assistance.
(2) Any
municipality or special district related to water organized under
the laws of the state of Kansas may apply for a grant, and the
Kansas water office is authorized to award full or partial grants to
such applicants.
Municipalities with fewer than 2,000 residents shall be prioritized
for the awarding of full grants. Watershed districts, conservation
districts, groundwater management districts and all special
districts related to water shall not be prioritized for the awarding
of full grants for the purposes of this section.
(c) The
Kansas water office shall adopt rules and regulations to establish
any necessary criteria for administering the water technical
assistance fund and awarding grants for technical assistance. Such
criteria shall include, but not be limited to, factors applicable
to:
(1) Municipalities
of different populations including the prioritization of small
municipalities as required by subsection (b)(2). Such factors may
include, but not be limited to, public health, socio-economic
factors and the ability for a municipality to repay any loans
without grant assistance; and
(2) special
districts such as watershed districts, conservation districts,
groundwater management districts, rural water districts and any
other similar districts formed for a special or single purpose
related to water.
(3) (A) An application submitted pursuant to paragraph (2) shall include a complete preliminary engineering report that meets similar standards established by the United States department of agriculture for rural water projects or the environmental protection agency drinking water state revolving fund requirements. Until a completed preliminary engineering report has been submitted and the Kansas water offices determines that the project is feasible, funding shall only be provided for completion of a preliminary engineering report.
(B) If the preliminary engineering report is complete and the Kansas water office has determined that the project is feasible, then additional technical assistance funding may be provided for necessary planning and engineering work.
(C) A preliminary engineering report shall include studies for specific projects, regionalization studies or any other study or report intended to determine the feasibility of future plans and projects.
(d)(c) No
single grant awarded for technical assistance pursuant to this
section shall exceed $1,000,000 unless specified by any
appropriation act of the Kansas legislature.
(d) (1) A minimum of 60% of the annual amount transferred to the technical assistance fund shall be awarded to municipalities with fewer than 3,000 residents. This requirement shall not apply in years when there are not enough applicants to allow compliance with this subsection.
(2) The provisions of paragraph (1) shall not be construed as a limitation on the total amount awarded to municipalities with fewer than 3,000 residents.
(e) To be eligible to receive a grant, and in addition to any other requirements, a municipality with more than 50,000 residents shall demonstrate a threat to public health.
(f) No grants from the technical assistance fund shall be used to address issues related to the impairment of water rights by another water right.
(g) If a special district, such as a groundwater management district, rural water district or other similar district formed for a special or single purpose related to water, applies for a grant, such district's application shall not be prioritized based on the number of customers or residents pursuant to subsection (d). In addition to being scored pursuant to subsection (h), such district's application shall meet at least one of the following criteria:
(1) The project is for the purpose of expanding residential, commercial, industrial and agricultural activity that cannot be reasonably served by another source or distributor, except that any use defined as irrigation by the chief engineer shall not be eligible;
(2) the project facilitates the transfer or upgrade of existing water services to allow or assist with the incorporation of previously unincorporated territory; or
(3) the project meets a specific goal or priority identified in the state water plan.
(h) Eligible applications shall be prioritized based on the criteria in this subsection. The Kansas water office shall establish a scoring matrix based on these criteria and, following the announcement of awards based on the highest scores, annually publish the scores of every application.
(1) Each of the following categories shall be scored on a scale of 0 to 5:
(A) Public health. The proposed project's impact on addressing a threat to public health, including, but not limited to, violations of K.S.A. 65-162a et seq., and amendments thereto, or conditions that have caused or may lead to a violation of state or federal drinking water standards.
(B) Existing resources. The applicant can demonstrate that such applicant has taken steps to adequately support and maintain current and future infrastructure and provide relevant information concerning the municipality's finances to demonstrate the need for project funding. Relevant factors shall include, but are not limited to, demographic or community economic information that would affect the municipality's ability to pay for the proposed project without grant funding pursuant to this section.
(C) Regional cooperation. The municipality is cooperating with other municipalities and regional entities or can demonstrate how the proposed project would improve the regional water supply or support regional economic growth.
(D) Additional funding sources. Municipalities shall provide information concerning the efforts of any such municipality to find other available funding sources for the proposed project or why obtaining such funding is not feasible. Applicants that can provide some level of funding or in-kind contributions themselves or from any other source shall be prioritized. Relevant factors shall include, but not be limited to, the size of such contribution relative to the applicant's request and such applicant's ability to contribute.
(E) Economic impact. The municipality can demonstrate the proposed project's importance for the growth of the community, new residential housing projects, an existing economic activity or for the recruitment of new economic activity. Economic activity includes any commercial, industrial or agricultural activity, except that any use defined as irrigation by the chief engineer shall not be eligible.
(F) Conservation and extreme weather resiliency. The municipality can demonstrate how the proposed project supports conservation or would otherwise improve the municipality's ability to provide, maintain and protect services during drought and flood events.
(G) Emergent issues. The municipality can demonstrate how the proposed project addresses emergency circumstances that the community is facing or will be facing related to insufficient access to water-related infrastructure or resources.
(2) (A) If an applicant fails to provide enough information to be scored in any category listed in this section, the Kansas water office shall notify the applicant regarding the information needed and provide an additional 30 days, starting from the date that the applicant received such notice, for such applicant to submit such information.
(B) The Kansas water office shall send such notice by:
(i) An electronic mail message to the electronic mail address included in the applicant's application; or
(ii) certified mail, return receipt requested, to the address that the applicant included in such applicant's application.
(C) If the applicant fails to submit the information requested under this paragraph, such applicant shall be given a score of 0 in the corresponding category.
(i) Applications shall be due annually on September 15, and grants shall be awarded not later than 180 days after such date.
(j) (1) Any grant may be revoked if:
(A) The grantee does not accept the grant award within 45 days of such grant being issued unless the grantee requests additional time to secure supplemental funding, but in no case shall the additional time exceed 120 days of such grant being issued;
(B) it is determined that there has been no substantial performance;
(C) there is substantial evidence of fraud, gross abuse or corrupt practices;
(D) there is a lack of funding; or
(E) it is demonstrated that the project cannot be completed.
(2) Upon the revocation of any grant pursuant to this subsection, the applicable grantee shall repay the Kansas water office any award amount issued to the grantee in an amount determined by the director. Any such grantee shall enter into a repayment agreement with the director specifying the terms of such repayment obligation.
(k) The Kansas water office shall include reporting and payment requirements within the terms of each awarded grant.
Sec. 5. K.S.A. 2025 Supp. 82a-957 is hereby amended to read as follows: 82a-957. (a) (1) There is hereby established in the state treasury the water projects grant fund. The fund shall be administered by the Kansas water office. Expenditures from such fund shall be used for the purposes described in subsection (b). All expenditures shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office, or such director's designee.
(2) Whenever the unencumbered balance of the water projects grant fund exceeds $35,000,000, the director of the Kansas water office shall certify such excess amount to the director of accounts and reports. Upon receipt of such certification, the director of accounts and reports shall transfer the certified excess amount from the water projects grant fund to the state general fund.
(b) The Kansas water office may provide full or partial funding in the form of grants to any municipality or special district related to water established pursuant to the laws of the state of Kansas for the following:
(1) Construction, repair, maintenance or replacement of water-related infrastructures and any related construction costs;
(2) matching moneys for grant or loan applications for water-related infrastructure projects; and
(3) grants that may be applied to an outstanding loan balance from the public water supply loan fund established in K.S.A. 65-163e, and amendments thereto, or the Kansas pollution control revolving fund established in K.S.A. 65-3322, and amendments thereto, subject to the provisions of subsection (c).
(c) The
Kansas water office shall adopt rules and regulations to establish
any necessary criteria for grants from the water projects grant
fund. Such rules and regulations shall include any necessary
criteria that may be applied to the selection of projects
withPrepayment
of
outstanding loan balances from the public water supply loan fund
established in K.S.A. 65-163e, and amendments thereto, or the Kansas
pollution control revolving fund established in K.S.A. 65-3322, and
amendments thereto.
Such criteria shall be based on the following factors,
shall be subject to the following parameters:
(1) The planned construction on the project with the outstanding loan balance is complete;
(2) the municipality or special district has made at least five years of payments on such project loans; and
(3) awarding
grants
that
may
provide repayment of up to:
(A) 90% of any remaining project loan balance for cities with fewer than 2,000 residents;
(B) 75% of any remaining project loan balance for cities with fewer than 5,000 residents;
(C) 50% of any remaining project loan balance for cities with fewer than 10,000 residents; and
(D) 25%
of any remaining project loan balance for all other cities in
Kansas;
and
(4) any
other relevant criteria including, but not limited to, the
socio-economic status of the residents of any municipality, public
health and the ability of any municipality to repay a loan without
further assistance.
(d) No single grant awarded for a project pursuant to this section shall be greater than $8,000,000 unless specified by any appropriation act of the Kansas legislature.
(e) It is the intent of the legislature that grants awarded pursuant to subsection (b)(1) prioritize the awarding of partial grants combined with loan funding provided from the municipality, the department of health and environment, the United States department of agriculture or other financial sources before grants for the full cost of projects are awarded in order to increase impact of available funding.
(f) The Kansas water office and the department of health and environment shall coordinate the sharing of information regarding applicants for loans from the public water supply loan fund established in K.S.A. 65-163e, and amendments thereto, and the Kansas pollution control revolving fund established in K.S.A. 65-3322, and amendments thereto, and shall take into consideration the approval or likely approval of a grant by the Kansas water office when considering the eligibility of any municipality to receive moneys from such funds.
(g) Special districts such as groundwater management districts, rural water districts and any other similar districts formed for a special or single purpose related to water that apply for funding or services shall be eligible for loan prepayment of up to 50% of an outstanding balance and for any other grant funding if the application meets one of the following criteria:
(1) The project is for the purpose of expanding residential, commercial, industrial or agricultural activity that cannot be reasonably served by another source or distributor, except that any use defined as irrigation by the chief engineer shall not be eligible;
(2) the project facilitates the transfer or upgrade of existing water services to allow or assist with the incorporation of previously unincorporated territory; or
(3) the project meets a specific goal or priority identified in the state water plan.
(h) To be eligible to receive a grant, and in addition to any other requirements, a municipality with more than 50,000 residents shall demonstrate a threat to public health.
(i) No grants from the water projects grant fund shall be used to address issues related to the impairment of water rights by another water right.
(j) In any year where applications exceed the amount of funds or capacity to provide services, eligible applications shall be prioritized based on the criteria in this section. The Kansas water office shall establish a scoring matrix based on the criteria below and, following the announcement of awards based on the highest scores, annually publish the scores of every application.
(1) Each of the following categories shall be scored on a scale of 0 to 5:
(A) Public health. The proposed project's impact on addressing a threat to public health, including, but not limited to, violations of K.S.A. 65-162a et seq., and amendments thereto, or conditions that have caused or may lead to a violation of state or federal drinking water standards.
(B) Existing resources. The applicant can demonstrate that such applicant has taken steps to adequately support and maintain current and future infrastructure and provide relevant information concerning the municipality's finances to demonstrate the need for project funding. Relevant factors shall include, but are not limited to, demographic or community economic information that would affect the municipality's ability to pay for the proposed project without grant funding pursuant to this section.
(C) Regional cooperation. The municipality is cooperating with other municipalities and regional entities or can demonstrate how the proposed project would improve the regional water supply or support regional economic growth.
(D) Additional funding sources. Municipalities shall provide information concerning the efforts of any such municipality to find other available funding sources for the proposed project or why obtaining such funding is not feasible. Applicants that can provide some level of funding or in-kind contributions themselves or from any other source shall be prioritized. Relevant factors shall include, but not be limited to, the size of such contribution relative to the applicant's request and such applicant's ability to contribute. Applications, even if denied, for other sources of funding shall be acknowledged.
(E) Economic impact. The municipality can demonstrate the proposed project's importance for the growth of the community, new residential housing projects, an existing economic activity or for the recruitment of a new economic activity. Economic activity includes any commercial, industrial or agricultural activity, except that any use defined as irrigation by the chief engineer shall not be eligible.
(F) Conservation and extreme weather resiliency. The municipality can demonstrate how the proposed project supports conservation or would otherwise improve the municipality's ability to provide, maintain and protect services during drought and flood events.
(G) Emergent issues. The municipality can demonstrate how the proposed project addresses emergency circumstances that the community is facing or will be facing related to insufficient access to water-related infrastructure or resources.
(2) (A) If an applicant fails to provide enough information to be scored in any category listed in this section, the Kansas water office shall notify the applicant regarding the information needed and provide an additional 30 days, starting from the date that the applicant received such notice, for such applicant to submit such information.
(B) The Kansas water office shall send such notice by:
(i) An electronic mail message to the electronic mail address included in the applicant's application; or
(ii) certified mail, return receipt requested, to the address that the applicant included in such applicant's application.
(C) If the applicant fails to submit the requested information, such applicant shall be given a score of 0 in the corresponding category.
(k) Applications shall be due annually on September 15.
(l) (1) Any grant may be revoked if:
(A) The grantee does not accept the grant award within 45 days of such grant being issued;
(B) it is determined that there has been no substantial performance;
(C) there is substantial evidence of fraud, gross abuse or corrupt practices;
(D) there is a lack of funding; or
(E) it is demonstrated that the project cannot be completed.
(2) Upon the revocation of any grant pursuant to this subsection, the applicable grantee shall repay the Kansas water office any award amount issued to the grantee in an amount determined by the director. Any such grantee shall enter into a repayment agreement with the director specifying the terms of such repayment obligation.
(m) The Kansas water office shall include reporting and payment requirements within the terms of each awarded grant.";
Also on page 3, in line 9, after "65-171m" by inserting "K.S.A. 2025 Supp. 82a-955, 82a-956 and 82a-957 and";
And by renumbering sections accordingly;
On page 1, in the title, in line 7, after the semicolon, by inserting "relating to the water technical assistance fund and the water projects grant fund; extending the current expiration date of such funds; transferring moneys from the state general fund to the state water plan fund; requiring the Kansas water office to transfer appropriations for the water technical assistance fund and the water projects grant fund; establishing additional criteria for the operation of such funds; prohibiting grants for issues related to water rights impaired by another water right; prioritizing applications based on public health, resource management, population trends, funding sources, regional cooperation and weather resiliency; requiring applications to be submitted annually by September 15, with grants subject to revocation and repayment under certain circumstances; in line 8, after "and" by inserting "K.S.A. 2025 Supp. 82a-955, 82a-956 and 82a-957 and";
And your committee on conference recommends the adoption of this report.
Virgil Peck
Craig Bowser
Marci Fransisco
Conferees on part of Senate
Jim Minnix
Gary White
Lindsay Vaughn
Conferees on part of House
On motion of Rep. Minnix, the conference committee report on HB 2462 was adopted.
On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not voting: 1.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poskin, Proctor, Rahjes, Reavis, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: Poetter, Rhiley, Waggoner.
Present but not voting: None.
Absent or not voting: Schlingensiepen.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 361 submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on conference further agrees to amend the bill as printed with House Committee amendments, as follows:
On page 1, by striking all in lines 8 through 36;
By striking all on pages 2 and 3;
On page 4, by striking all in lines 1 through 38; following line 38, by inserting:
"Section 1. The state of Kansas hereby elects to participate in the federal tax credit for contributions of individuals to scholarship granting organizations pursuant to section 25F of the federal internal revenue code of 1986, as amended, for all taxable years beginning after December 31, 2026. On behalf of the state of Kansas and in accordance with section 25F of the federal internal revenue code of 1986, as amended, the state treasurer shall annually provide to the secretary of the treasury or the secretary's delegate any required information, including, but not limited to, a list of the scholarship granting organizations that meet the requirements described in section 25F of the federal internal revenue code of 1986, as amended, and are located in the state of Kansas. No state department, division or any other agency shall promulgate any rules and regulations that are more stringent than the applicable federal law or rules and regulations in implementing this section.";
Also on page 4, in line 40, by striking "Kansas register" and inserting "statute book";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "to"; by striking all in lines 2 through 4; in line 5, by striking all before the period and inserting "federal tax credits for contributions to scholarship granting organizations; electing to participate in the federal tax credit for individual contributions to scholarship granting organizations";
And your committee on conference recommends the adoption of this report.
Susan Estes
Kyle McNorton
Conferees on part of House
Renee Erickson
Adam Thomas
Conferees on part of Senate
On motion of Rep. Estes, the conference committee report on SB 361 was adopted.
On roll call, the vote was: Yeas 87; Nays 37; Present but not voting: 0; Absent or not voting: 1.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Paige, Carlin, Carmichael, Carr, Collins, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Simmons, Stogsdill, Vaughn, Weigel, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Woodard.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 197 submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on conference further agrees to amend the bill as printed as House Substitute for Substitute for Senate Bill No. 197 with House Committee of the Whole amendments, as follows:
On page 3, by striking all in lines 40 through 43;
By striking all on pages 4 through 33;
On page 34, by striking all in lines 1 through 9; following line 9, by inserting:
"Section 1. Sections 1 through 8, and amendments thereto, shall be known and may be cited as the no-impact home-based business fairness act.
Sec. 2. As used in this act:
(a) "Goods" means any merchandise, equipment, products, supplies or materials;
(b) (1) "home-based business" means, except as provided in paragraph (2), any business for the manufacture, provision or sale of goods or services that is owned by the owner or tenant of a residential dwelling and operated by the owner or tenant at the location of the residential dwelling.
(2) "Home-based business" does not include any business for:
(A) The breeding of animals; or
(B) hosting or operating short-term rentals of the residential dwelling, any portion thereof or any portion of the premises at the location of the residential dwelling;
(c) "municipality" means any city, county or consolidated city and county;
(d) "no-impact home-based business" means a home-based business for which:
(1) The total number of on-site employees and clients does not exceed the municipal occupancy limit for the residential property; and
(2) the business activities:
(A) Are limited to the sale of lawful goods and services;
(B) do not generate on-street parking or a substantial increase in traffic through the residential area;
(C) occur inside the residential dwelling or within the private premises; and
(D) are not visible from the street; and
(e) "rural no-impact home-based business" means a home-based business located outside the boundaries of a city or with private premises exceeding 1 acre in size and for which the business activities:
(1) Are limited to the sale of lawful goods and services; and
(2) occur inside the residential dwelling or within the property limits.
Sec. 3. The use of a residential dwelling for a no-impact home-based business or a rural no-impact home-based business shall be a permitted use. This permitted use shall supersede any deed restriction, covenant or agreement restricting the use of land or any master deed, bylaw or other document applicable to a common interest ownership community entered into by a no-impact home-based business or a rural no-impact home-based business on or after July 1, 2026, except that this permitted use shall not supersede the bylaws of a home owners association if there is a clear directly applicable restriction and reasonable likelihood that the business activities of the no-impact home-based business or rural no-impact home-based business are likely not to be consistently compliant with the requirements of this act.
Sec. 4. A municipality shall not prohibit a no-impact home-based business or a rural no-impact home-based business or otherwise require a person to apply, register or obtain any permit, license, variance or other type of prior approval from the municipality to operate a no-impact home-based business or a rural no-impact home-based business.
Sec. 5. A municipality may establish or enforce regulations on a no-impact home-based business if the regulations are narrowly tailored for any of the following purposes:
(a) The protection of the public health and safety limited to regulations for fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution and noise control;
(b) compliance with state and federal laws; and
(c) payment of applicable taxes.
When considering the establishment or enforcement of a regulation in a narrowly tailored manner with respect to a rural no-impact home-based business, the municipality shall identify factors differentiating the circumstances of a rural no-impact home-based business as compared to residences that are no-impact home-based businesses, including, but not limited to, the relative isolation of the rural no-impact home-based business, relative size of the premises and proximity to other residences and shall apply an analysis favoring less regulation for a rural no-impact home-based business based on such factors.
Sec. 6. A no-impact home-based business shall not be used for the purposes of selling illegal drugs or liquor, operating or maintaining a structured sober living home for drug or alcohol based recovery, selling pornography or providing nude or topless dancing or other adult-oriented businesses.
Sec. 7. A municipality shall not require a person as a condition of operating a no-impact home-based business or a rural no-impact home-based business to seek rezoning of the property for commercial use or install fire sprinklers in a single family detached residential dwelling or any additional buildings on the property. A municipality shall not require a rural no-impact home-based business or a no-impact home-based business to undergo fire or building inspections, unless such codes or inspections are also applied to similar residences not operating a rural no-impact home-based business or a no-impact home-based business.
Sec. 8. The question of whether a regulation of a municipality complies with this act shall be a judicial question. The municipality that enacted the regulation shall establish by clear and convincing evidence that the regulation complies with this act.";
On page 1, in the title, in line 1, by striking all after the semicolon; by striking lines 2 through 25; in line 26, by striking all before the period and inserting "creating the no-impact home-based business fairness act; providing that such businesses shall be a permitted use and prohibiting additional permit or licensing requirements by a municipality; requiring that municipal regulations be narrowly tailored with respect to such businesses; supporting the development and growth of such business by limiting the regulatory powers of municipalities";
And your committee on conference recommends the adoption of this report.
Sean Tarwater
Jill Ward
Conferees on part of House
Larry Alley
Stephen Owens
Oletha Faust Goudeau
Conferees on part of Senate
On motion of Rep. Tarwater, the conference committee report on H Sub for Sub SB 197 was adopted.
On roll call, the vote was: Yeas 75; Nays 48; Present but not voting: 0; Absent or not voting: 2.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bohi, Brantley, Brunk, Buehler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Long, McNorton, Minnix, Moser, Neelly, Pickert, Poetter, Proctor, Rahjes, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Storm, Sutton, Sweely, Tarwater, Turk, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Amyx, Ballard, Bloom, Boatman, Borjon, Paige, Bryce, Butler, Carlin, Carmichael, Carr, Collins, Curtis, Featherston, Francis, Haskins, Helgerson, Howell, Hoye, Lewis, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pishny, Poskin, Reavis, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stiens, Stogsdill, Turner, Vaughn, Weigel, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
EXPLANATION OF VOTE
Mr. Speaker: I fully believe neighborhoods are for neighbors, not business. I think the opposition received is valid and this Bill certainly has concerns of unattended consequences. As a supporter of Local Government, this clearly is a Local Government issue. Local Government knows their neighborhoods. I vote No on SB 197. – Lynn Melton
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Lewis, the House concurred in Senate amendments to HB 2653, AN ACT concerning the secretary of corrections; relating to release of offenders; requiring the secretary to assist inmates with obtaining identification and employment-related documentation prior to release from custody.
(The House requested the Senate to return the bill, which was in conference).
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not voting: 2.
Yeas: Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Humphries, the House concurred in Senate amendments to HB 2613, AN ACT concerning the crime victims compensation board; relating to fees chargeable for conducting examinations of persons who may be victims of sexual assault; authorizing the board to establish such fees and adopt rules and regulations for the administration thereof; authorizing the board to use moneys in the crime victims compensation fund for the payment of such fees; relating to confidentiality of records and information given to the crime victims compensation board; providing certain exceptions thereto; amending K.S.A. 2025 Supp. 65-448, 74-7304, 74-7308 and 74-7317 and repealing the existing sections.
(The House requested the Senate to return the bill, which was in conference).
On roll call, the vote was: Yeas 96; Nays 27; Present but not voting: 0; Absent or not voting: 2.
Yeas: Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McDonald, McNorton, Minnix, Moser, Neelly, Osman, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Sawyer, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Amyx, Boatman, Paige, Carlin, Carmichael, Carr, Haskins, Helgerson, Martinez, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Ousley, Ruiz, L., Ruiz, S., Clayton, Schlingensiepen, Simmons, Stogsdill, Vaughn, Weigel, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
MESSAGES FROM THE SENATE
The Senate adopts the Conference Committee report to agree to disagree on SCR 1603, and has appointed Senators Tyson, Peck and Corson as Second conferees on the part of the Senate.
On motion of Rep. Croft, the House recessed until 4:30 p.m.
_____________________
LATE AFTERNOON SESSION
The House met pursuant to recess with Speaker pro tempore Carpenter in the chair.
MESSAGE FROM THE GOVERNOR
The following message with the Governor's objection to HB 2635, AN ACT concerning healthcare; enacting the pregnancy center autonomy and rights of expression act; providing statutory protection for private, nonprofit pregnancy centers and medical pregnancy centers to provide life-affirming care, support and material resources; creating a private cause of action for violations of the act; creating a right of intervention in legal proceedings challenging the act. was received and read.
MESSAGE FROM THE GOVERNOR
REGARDING VETO OF HOUSE BILL 2635
The people of Kansas have made it clear, time and time again, that they want government to stay out of women’s private medical decisions. That means we shouldn’t be spending tax dollars trying to interfere with very personal, very private, medical decisions. That’s why I’m vetoing this bill.
Therefore, pursuant to Article 2, Section 14(a) of the Constitution of the State of Kansas, I hereby veto House Bill 2635.
Dated: March 27, 2026 Laura Kelly
Governor of Kansas
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2485 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 2, following line 39, by inserting:
"(e) This section shall take effect and be in force on and after July 1, 2026.
New Sec. 2. (a) As used in this section:
(1) "Eligible workforce training program" means any program that meets the requirements of section 83002 of public law 119-21.
(2) "State workforce development board" means the board established pursuant to the federal workforce innovation and opportunity act, 29 U.S.C. § 3111.
(b) Pursuant to section 83002 of public law 119-21, the governor, in consultation with the state workforce development board, shall approve workforce training programs for federal workforce Pell grants if such programs meet the requirements to be eligible workforce training programs as provided in such law.
(c) The state workforce development board shall:
(1) Establish an internal process for postsecondary educational institutions and programs to apply for approval for eligibility for workforce Pell grants and appeal any denial of such eligibility;
(2) coordinate approval of eligible workforce training programs with other state and federal workforce programs to prevent duplicative funding for programs that have the same purpose; and
(3) align and leverage available state and federal moneys to support the implementation and expansion of eligible workforce training programs.
(d) The requirements of this section shall be consistent with applicable federal rules that govern the workforce Pell grant program. If any provision of this section is in conflict or inconsistent with federal law, the federal law shall govern.
(e) This section shall take effect and be in force on and after July 1, 2026.
Sec. 3. On and after July 1, 2026, K.S.A. 2025 Supp. 72-5179 is hereby amended to read as follows: 72-5179. (a) The state board of education shall provide the ACT college entrance exam and the three ACT workkeys assessments that are required to earn a national career readiness certificate to each student enrolled in grades 11 and 12, and the pre-ACT college entrance exam to each student enrolled in grade nine. No student shall be required to pay any fees or costs to take any such exam or assessments. The state board shall not be required to provide more than one exam and three assessments for each student. The state board of education may enter into any contracts that are necessary to promote statewide cost savings to administer such exams and assessments.
(b) The Kansas department of education and each school district shall annually publish on their websites the times, dates and locations of the pre-ACT college entrance exam, the ACT college entrance exam and the ACT workkeys assessments that are offered in Kansas and information for students on how to register for such exams or assessments.
(c) Participation in the pre-ACT college entrance exam, the ACT college entrance exam or the ACT workkeys assessment shall be optional. Nothing in this section shall be construed to require any student to participate in such exams or assessments.
(d) Each postsecondary educational institution shall adopt and implement a policy to use a platinum, gold or silver credential earned through the ACT workkeys assessments, or other similar credential earned through a similar career readiness assessment, as transferable credit toward the attainment of a postsecondary technical degree. Such transferability shall be based on the recommendations of the American council on education national guide.
(e) On or before the first day of each regular legislative session, the state board of education shall prepare and submit a report to the senate standing committee on education and the house standing committee or any successor committees on education that includes the aggregate exam and assessment data for all students who were provided the exams and assessments pursuant to this section.
(e)(f) As
used in this section,:
(1) "Postsecondary educational institution" means the same as defined in K.S.A. 74-3201b, and amendments thereto; and
(2) "student" means any person who is regularly enrolled in any public school or accredited nonpublic school located in Kansas.
Sec. 4. K.S.A. 2025 Supp. 72-3262 is hereby amended to read as follows: 72-3262. (a) This section shall be known and may be cited as the every child can read act.
(b) The legislature hereby affirms that third grade marks a pivotal grade level in which students must attain proficiency in reading or risk continued learning losses throughout their academic career. To ensure that all students move toward grade-level proficiency in literacy, especially by the third grade level, the board of education of each school district shall provide opportunities for students to participate in targeted educational interventions to promote proficiency in literacy. Reading literacy shall be attained through the science of reading and evidence-based reading instruction and shall include such competencies as may be necessary to attain reading proficiency. The necessary competencies, best practices and screening tools used by school districts shall follow the framework of the dyslexia handbook developed by the state department of education. To ensure that such competencies are achieved, the board of education of each school district shall include as part of instruction in literacy:
(1) Phonics, phonological and phonemic awareness;
(2) vocabulary development;
(3) silent and oral reading fluency; and
(4) reading comprehension.
(c) To promote the goals of the every child can read act, the board of education of each school district shall:
(1) Measure student achievement by participation in the state assessment program, use of a single statewide universal screening tool recommended in the comprehensive literacy implementation plan submitted to the state board of education that is due on June 1, 2026, and implemented for the 2027-2028 school year and through other universal screening and assessment tools that are approved by a board of education of a school district or by the state department of education;
(2) provide targeted and tiered interventions that are designed to match a student's individual deficiencies through additional contact hours with such student, including, but not limited to, one-on-one instruction, small group instruction, tutoring and summer school programs for all students and especially for those students who are at and below the third grade level who are identified as having a literacy deficit; and
(3) ensure that the teacher of each third grade student communicates with the parent or guardian of each such student to provide information on the student's literacy proficiency or deficiencies and any recommended interventions for such student to achieve proficiency. Such communication shall occur at least once during the fall semester and once during the spring semester. When a teacher provides the communications required pursuant to this paragraph, each such communication shall provide the parent or guardian with:
(A) A summary of the every child can read act and the literacy goals of the act;
(B) any assessment data relating to literacy that pertains to the student;
(C) any recommended interventions for the student; and
(D) how the school district tracks the outcomes of any such interventions.
(d) (1) On or before June 30 of each school year, each school district shall report to the state department of education on the school district's implementation of the every child can read act, the interventions that the school district is using to attain the goals of such act and the resulting outcomes of such interventions. Such report shall include:
(A) The number of third grade students in such school district;
(B) the
screening and assessment data from at least the preceding two school
years that the school district is using as a baseline to evaluate
student progress in literacy;
and
(C) the percentage of students that are proficient, moving toward proficiency or deficient, with percentages provided for all students and student subgroups;
(D) the number of students in prekindergarten through grade eight who performed in the high-risk category on the fall screening measure;
(E) the number of students in kindergarten through grade three with an individual student literacy plan beginning in school year 2027-2028; and
(F) the number of students in kindergarten through grade three who exited the high-risk category or such student's individual student literacy plan by the end of the school year beginning in school year 2027-2028.
(2) The
state department of education shall compile such reports and
shall
submit a summary report to the governor
and,
the legislature,
literacy advisory committee
and the state board of education
on or before
January 15
October 1
of each year.
(e) This
section shall take effect and be in force from and after July 1,
2023.
Sec.
5. K.S.A. 2025 Supp. 74-32,290 is hereby amended to read as
follows: 74-32,290.
(a) K.S.A. 2025 Supp. 74-32,290 through
74-32,296
74-32,295,
and amendments thereto, shall be known and may be cited as the
Kansas blueprint for literacy.
(b) Each
provision of K.S.A. 2025 Supp. 74-32,290
through
74-32,296
74-32,295,
and amendments thereto, that requires the expenditure of moneys
shall be subject to legislative appropriations therefor.
(c) As
used in
K.S.A. 2025 Supp. 74-32,290 through 74-32,296, and amendments
thereto
the Kansas blueprint for literacy:
(1) "Field experience" means structured, supervised learning opportunities where pre-service educators observe, interact with students and apply evidence-aligned reading practices in authentic and diverse classroom settings.
(2) "In-service" means a licensed individual who is employed by a school district or accredited nonpublic school as a teacher.
(3) "Literacy practicum" means field experience that provides explicit, guided, hands-on practice delivering evidence-based instructional practices in one-on-one or small group instruction, administering literacy assessments, designing and implementing diagnostic and prescriptive instructional plans with joint supervision and mentorship by literacy faculty and an experienced mentor teacher.
(4) "Mentor teacher" means a licensed teacher who has earned the Kansas seal of literacy and models evidence-aligned literacy instruction to ensure pre-service educators gain meaningful, high-impact teaching experience that bridges theory and practice.
(2)(5) "Postsecondary
educational institution" means:
(A) A state educational institution as defined in K.S.A. 76-711, and amendments thereto;
(B) a municipal university; and
(C) any not-for-profit institution of postsecondary education that has its main campus or principal place of operation in Kansas, is operated independently and not controlled or administered by a state agency or subdivision of this state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States.
(3)(6) "Ongoing
professional learning" means continuous, job-embedded process
to improve teaching effectiveness and student achievement, including
active collaborative learning that integrates new knowledge and
skills into daily practice.
(7) "Pre-service" means an individual who is receiving the education and training to become a licensed teacher but is not yet licensed.
(4)(8) "Science
of reading" means
the teaching of reading using evidence-based research that
an interdisciplinary body of evidence that informs how students
learn to read and write proficiently. "Science of reading"
informs evidence-based practices and
includes phonemic awareness, phonics, fluency, vocabulary and
comprehension.
(5)(9) "Structured
literacy" means the
application of knowledge from the science of reading that teaches
reading in an evidence-based and systematic way
a comprehensive instructional approach that guides how reading and
writing are taught by providing direct, explicit, sequential,
data-driven and systematic instruction leading to mastery of reading
and writing.
Sec. 6. K.S.A. 2025 Supp. 74-32,291 is hereby amended to read as follows: 74-32,291. (a) There is hereby established a literacy advisory committee. The committee shall be composed of:
(1) 15 voting members as follows:
(A) The director of literacy education, appointed pursuant to K.S.A. 2025 Supp. 74-32,292, and amendments thereto, who shall serve as chairperson of the committee;
(B) one member appointed by the governor;
(C) one member of the house of representatives or a literacy expert appointed by the speaker of the house of representatives;
(D) one member of the house of representatives or a literacy expert appointed by the minority leader of the house of representatives;
(E) one member of the senate or a literacy expert appointed by the president of the senate;
(F) one member of the senate or a literacy expert appointed by the minority leader of the senate;
(G) one member appointed by and representing the Kansas national education association;
(H) one member appointed by and representing a school of education from Emporia state university, Fort Hays state university or Pittsburg state university;
(I) one member appointed by and representing a school of education from the university of Kansas, Kansas state university or Wichita state university;
(J) one member appointed by and representing Washburn university school of education;
(K) one member appointed by the Kansas association of community colleges to represent community colleges;
(L) one member appointed by the Kansas independent colleges association to represent a not-for-profit institution of postsecondary education school or college of education;
(M) one member appointed by the state board of education;
(N) one member of the state board of regents appointed by the state board of regents; and
(O) one member who is an English for speakers of other languages literacy expert appointed by the united school administrators of Kansas; and
(2) nonvoting members as follows:
(A) The commissioner of education or the commissioner's designee; and
(B) any number of members appointed by the director of literacy education pursuant to K.S.A. 2025 Supp. 74-32,292, and amendments thereto.
(b)
(1) Members appointed
to the committee pursuant to subsection (a)(1) shall
be appointed on or before July 1, 2024
have expertise in evidence-based literacy practices, educator
preparation, science of reading research and evaluation, dyslexia
research, literacy intervention, implementation science or literacy
policy development.
(2) Except for the director of literacy education, voting members shall serve for a term of four years.
(3) Any vacancy in the membership of the committee shall be filled by appointment in the same manner prescribed by this section for the original appointment.
(4) A quorum of the committee shall be a majority of the voting members. All actions of the committee may be taken by a majority of the voting members present when there is a quorum.
(5) The committee may meet at any time and at any place within the state upon the call of the chairperson.
(6) If any member of the committee fails to attend three meetings of the committee within any 12-month period, such member's appointment shall terminate and a new member shall be appointed in the same manner prescribed by this section for the original appointment.
(c) The literacy advisory committee shall:
(1) Monitor progress of literacy training for in-service and pre-service teachers and literacy education of elementary and secondary students;
(2) designate best practices for literacy training for in-service and pre-service teachers and literacy education of elementary and secondary students;
(3) be
responsible for the attainment of the transformational goal to have
100% of the Kansas special education, English for speakers of other
languages and elementary teacher workforce achieve a
micro-credential in the science of reading and structured literacy
by 2030, leading to at least 50% of students in each of the grades
three through eight achieving level 3 or above and at least 90% of
students in each of the grades three through eight achieving level 2
or above on the English language arts state assessment by 2033;
(4) make
recommendations to the director of literacy education;
(5)(4) make
recommendations to the state board of education, the state board of
regents and the postsecondary educational institution presidents or
chancellors on:
(A) Literacy training for in-service and pre-service teachers and literacy education of elementary and secondary students; and
(B) reading instruction methods based on the science of reading;
(6)(5) make
recommendations to the house of representatives standing committee
on education and the senate standing committee on education on the
implementation of the goals of the Kansas blueprint for literacy and
any changes necessary to achieve such goals;
and
(7)(6)
(A) submit
a
an annual
progress report to the
legislature on:
(i) English
language arts state assessment scores for each grade level and all
defined subgroups, including, but not limited to, English language
learners, students receiving free meals pursuant to the national
school lunch act, students in the custody of the secretary for
children and families and race and ethnicity subgroups;
(ii) literacy
training for in-service and pre-service teachers; and
(iii) the
literacy advisory committee's goals and requirements provided in the
Kansas blueprint for literacy;
(B) Such
progress report shall be provided at the following times each
calendar year:
(i) Once
on or before February 1 to the senate committee on education and the
house of representatives committee on education;
(ii) once
on or before May 1 to the senate committee on education and the
house of representatives committee on education; and
(iii) once
on or before December 1 to any interim, special, or select
committee, task force or commission that has membership that
includes legislators, is related to education, has been approved by
the legislative coordinating council and requests such report; and
(8) submit
a plan to the
state board of
regents
education
and the legislature, including the house of representatives standing
committee on education and the senate standing committee on
education,
on the establishment of centers of excellence in reading pursuant to
K.S.A. 2025 Supp. 74-32,296, and amendments thereto, on or before
January 1, 2025
on or before January 31 of each year.
(d) The committee shall be subject to the Kansas open records act, K.S.A. 45-419 et seq., and amendments thereto, and the Kansas open meetings act, K.S.A. 75-4317 et seq., and amendments thereto. The committee shall publish each meeting agenda and any available meeting documents online prior to each scheduled meeting of the committee.
(e) (1) Legislative members of the committee and members appointed by a member of the legislature who attend meetings of the committee shall be paid for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(2) Members of the committee who are not members of the legislature may be paid for expenses, mileage and subsistence by the entity each such member was appointed by and represents.
(f) (1) The director of literacy education shall provide executive support to the committee.
(2) The staff of the state board of regents, office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the committee.
Sec. 7. K.S.A. 2025 Supp. 74-32,292 is hereby amended to read as follows: 74-32,292. (a) On or before July 1, 2024, the executive officer of the state board of regents shall appoint a director of literacy education.
(b) The director of literacy education shall be an employee of the state board of regents in the unclassified service who serves at the pleasure of the state board of regents. The compensation of the director shall be determined by the executive officer of the state board of regents.
(c) The director of literacy education shall:
(1) Serve as chairperson of the literacy advisory committee established in K.S.A. 2025 Supp. 74-32,291, and amendments thereto;
(2) implement and administer the Kansas blueprint for literacy;
(3) provide executive support to the literacy advisory committee;
(4) appoint nonvoting members of the literacy advisory committee as the director deems necessary;
(5) work with the state board of education and the state board of regents to ensure:
(A) Progress on the initiatives, objectives and desired outcomes in the Kansas blueprint for literacy;
(B) the development and utilization of the comprehensive assessment system; and
(C) that
state
educational institutions and elementary and secondary schools are
using
tier I literacy methodologies
structured literacy and evidence-based practices;
(6) encourage
independent institutions referred to in K.S.A. 2025 Supp.
74-32,290(c)(2)(C)(c)(5)(C),
and amendments thereto, to use such tier I methodologies;
(7) establish a program to track the science of reading and structured literacy training progression of in-service and pre-service early childhood and elementary teachers, special education teachers and paraprofessionals, reading specialists and early childhood and elementary administrators for all school districts in the state; and
(8) on
or before January 15 of each year, prepare and present a report to
the senate standing committee on education and the house of
representatives standing committee on education, or any successor
committees, on the implementation and administration of the Kansas
blueprint for literacy, including, but not limited to, an
implementation timeline, progress of initiatives, development and
utilization of the comprehensive assessment system, progress toward
the goal established in K.S.A. 2025 Supp.
74-32,291(c)
74-32,294(c)(4),
and amendments thereto, use of tier I methodologies, outcomes and
any proposed changes;
and
(9) report
to the house of representatives standing committee on education and
the senate standing committee on education on or before January 31,
2025, on the progress of the state board of regents on utilization
of the science of reading, elimination of discredited methodologies,
use of universal screening measures and assessments in elementary
and secondary schools in the state.
Sec.
8. K.S.A. 2025 Supp. 74-32,293 is hereby amended to read as
follows: 74-32,293.
(a) Postsecondary
educational institutions shall designate practices based on the
science of reading through structured literacy as the official tier
I literacy methodology and shall prohibit the use or teaching of any
discredited methodologies, such as the three-cueing system.
(b)
(1) The state board of regents, in collaboration with
postsecondary educational institutions and research experts, shall
establish a comprehensive reading and literacy assessment system
with universal screening measures, diagnostic, formative and
summative assessments to be used in teacher preparation programs in
the state. Such assessment system shall allow teachers to adjust
instruction to meet the specific needs of students, including with
regard to reading difficulties and the remediation of reading and
literacy skill gaps. The state board of regents shall make
recommendations to the state board of education on such assessment
system and ensure that such assessment system is available on or
before May 1, 2025. Nothing in this paragraph shall be construed to
include the English language arts statewide assessment.
(2) The
state board of regents shall:
(A) Develop
training modules for the assessments on or before July 1, 2025;
(B) support
state board of education action to officially designate the science
of reading as the official tier I literacy methodology;
(C) support
elementary and secondary schools as necessary to eliminate any
discredited methodologies;
(D) recommend
literacy-specific universal screening measures and diagnostic,
formative and summative assessments to the state board of education;
and
(E) approve
reading instruction methodologies recommended by the literacy
advisory committee for state educational institutions.
(3) On
and after July 1, 2025,Beginning
in school year 2029-2030, each school district shall employ, either
through direct employment,
shared cooperative agreement
or by contract, a licensed reading specialist for each elementary
school of the school district.
(b) (1) Beginning in school year 2027-2028, each school district shall develop individual student literacy plans for all students in kindergarten through grade three who perform at a high-risk level on fall literacy screening measures. Such plans shall be developed in partnership with the student's parent or person acting as parent. Each such plan shall include:
(A) A minimum of 90 minutes of targeted and tiered interventions designed to address the student's individual deficiencies per week in one-on-one instruction, small group instruction, tutoring or a summer school program; and
(B) a diagnostic assessment, progress monitoring and interventions until the student achieves grade level performance.
(2) The teacher of any student requiring an individual student literacy plan shall communicate with such student's parent or person acting as parent and provide the information required by the every child can read act, K.S.A. 72-3262, and amendments thereto, to such parent or person acting as parent.
(c) No school district shall use any textbooks or instructional materials that utilize:
(A)(1) The
three-cueing system model of reading as the primary basis for
teaching word recognition;
(B)(2) visual
memory as the primary basis for teaching word recognition; or
(C)(3) the
three-cueing system model of reading based on meaning, structure and
syntax and visual cues, commonly known as MVS.
(c) The
director of literacy education shall report to the house of
representatives standing committee on education and the senate
standing committee on education on or before January 31, 2025, on
the progress of the state board of regents on utilization of the
science of reading, elimination of discredited methodologies, use of
universal screening measures and assessments in elementary and
secondary schools in the state.
(d) No retired or substitute teacher shall be required to complete approved training in the science of reading and structured literacy or other training to achieve a seal of literacy.
Sec. 9. K.S.A. 2025 Supp. 74-32,294 is hereby amended to read as follows: 74-32,294 (a) The state board of education shall:
(1) Designate best practices based on the science of reading through structured literacy as the literacy methodology and prohibit the use or teaching of any discredited methodologies, including the three-cueing system;
(2) require applicants for licensure as a prekindergarten through grade eight general education teacher or special education teacher to complete a minimum of 45 clock hours in a literacy practicum that is designed to increase skills and expertise in screening, diagnostic and formative assessments, developing instructional plans and applying evidence-based practices in an elementary and secondary school setting;
(3) require reading specialists to complete a minimum of 45 clock hours in a literacy practicum that utilizes assessment tools and data interpretation and applies evidence-based practices in small or whole group instruction under the supervision of a literacy expert with a minimum certification that demonstrates expertise in structured literacy;
(4) ensure that school districts develop individual student literacy plans as required in K.S.A. 2025 Supp. 74-32,293, and amendments thereto. School districts shall use a literacy plan template developed by the state department of education;
(5) ensure that educator preparation programs provide evidence that teacher candidates can demonstrate competency to:
(A) Literacy assessment tools and data interpretation;
(B) utilization of literacy screening;
(C) diagnostic, progress monitoring and formative assessment tools recommended by the state department of education;
(D) skills to administer and interpret a variety of assessments to effectively instruct students in small groups and individually in authentic school settings; and
(E) develop plans to guide instruction based on the needs of diverse learners; and
(6) submit an annual report to the literacy advisory committee on or before November 1 of each year. Such report shall be published on the state department of education website and include:
(A) Literacy screening measures and English language arts state assessment scores for each grade level and all defined subgroups, including, but not limited to, English language learners, students receiving free meals pursuant to the national school lunch act, students in the custody of the secretary for children and families and race and ethnicity subgroups; and
(B) literacy training for in-service and pre-service teachers.
(b) The state board of regents shall:
(1) Support state board of education action to officially designate best practices based on the science of reading through structured literacy as the official literacy methodology;
(2) support elementary and secondary schools as necessary to eliminate any discredited methodologies;
(3) recommend literacy-specific universal screening measures and diagnostic, formative and summative assessments to the state board of education; and
(4) approve reading instruction methodologies recommended by the literacy advisory committee for state educational institutions.
(c) The
state board of regents and the state board of education shall
collaborate
have joint oversight of and responsibility
to:
(a)(1) Jointly
Approve
micro-credential
credential
requirements for in-service teachers or certification requirements
for pre-service teachers at state educational institutions in the
science of reading and structured literacy;
(b)(2) develop
or make accessible professional development programs and
micro-credential
credential
courses for all
in-service early childhood teachers, general education teachers and
special education
Kansas licensed and practicing
teachers at low or no cost to such teachers. Such programs and
courses shall be delivered by national online learning programs or
accredited Kansas postsecondary educational institutions;
(c)(3) ensure
that
all pre-service teacher preparation programs at state educational
institutions are based on the science of reading and structured
literacy
in accordance with the state board of education accreditation of
undergraduate elementary licensure programs, reading specialists,
special education, school psychologists,
curriculum and instruction specialists
and education leadership graduate programs. State educational
institutions shall provide evidence that such programs are
exclusively utilizing science of reading and evidence-based
practices;
(d)(4) be
responsible for the attainment of the transformational goal to have
100% of the Kansas special education, English for speakers of other
languages and elementary teacher workforce achieve a credential in
the science of reading and structured literacy by 2030, leading to
at least 90% of students in each of the grades three through eight
achieving a level 3 or above on the English language arts assessment
by 2033. Scores and other data on such assessment shall be
disaggregated for each grade level and all defined subgroups,
including, but not limited to, English language learners, students
receiving free meals under the national school lunch act, students
in the custody of the secretary for children and families and race
and ethnicity subgroups;
(5) publish
standards and course progressions to achieve transparency of Kansas
reading education programs;
and
(e)(6) provide
data for the program
to the director of literacy education
that tracks the science of reading and structured literacy training
progression,
course materials and rigor of application
of
in-service and pre-service early childhood and elementary teachers,
special education teachers and paraprofessionals, reading
specialists and early childhood and elementary administrators for
all school districts in the state
all Kansas licensed and practicing teachers and administrators;
(7) make recommendations to the state board of education on vetted high quality instructional materials that include tier 1 curriculum resources and intervention curriculum. A list of such instructional materials and resources shall be available to school district boards of education;
(8) at least once every three years, review undergraduate literacy courses, materials and resources and make recommendations for improvements to such courses, materials and resources;
(9) implement ongoing professional learning in evidence-based practices in literacy, at low or no cost for reading specialists, special education teachers, paraeducators, school psychologists and school and school district leaders;
(10) accept certifications from the international multisensory structured language council, international dyslexia association and academic language therapy association-accredited programs;
(11) seek reciprocity for advanced degrees in literacy from international dyslexia accreditation programs within accredited institutions recognized by one of the six regional United States department of education accrediting organizations until such a program is established in Kansas; and
(12) (A) in partnership with the legislature, develop a comprehensive literacy implementation plan for prekindergarten through grade 12 and postsecondary education. In developing such plan, input from educators, families, research and evidence-based practices shall be considered. Such plan shall:
(i) Address all policy requirements of the Kansas blueprint for literacy, including timelines and resources; and
(ii) include educator preparation, high-impact ongoing professional learning and high quality instructional materials, assessment intervention, multi-tiered systems of support and family resources and support.
(B) The annual report on the comprehensive literacy implementation plan shall be presented to the state board of education, the state board of regents and the senate education committee and the education and higher education budget committees of the house of representatives. The initial report on such plan shall be submitted to such legislative committees on or before May 1, 2026. A full comprehensive literacy plan shall be submitted to such boards and committees on or before January 15, 2027.
Sec.
10. K.S.A. 2025 Supp. 74-32,295 is hereby amended to read as
follows: 74-32,295.
The
president or chancellor,
provost
and,
dean of the college or school of education of each postsecondary
educational institution
and the state board of regents
shall jointly have oversight and supervision of undergraduate and
graduate level reading and literacy courses at their respective
institution and shall:
(a) EnsureIntegrate
explicit courses and
ensure candidate competency in
the science
of learning, science
of reading and structured literacy, including the five pillars of
reading,
for all undergraduate early childhood and elementary teacher
preparation programs at state educational institutions;
(b) appoint
one representative from each postsecondary educational institution
to conduct
an annual
a
systemwide analysis of the curriculum maps across all literacy
courses
at least once every three years as part of the accreditation
process.
Such analysis shall include identifying clear evidence of
instructional approaches and the core components of reading
development.
Such evidence shall include, but not be limited to:
(1) Curriculum maps demonstrating:
(A) Literacy coursework addresses phonemic awareness, phonics, fluency, vocabulary and reading comprehension; and
(B) where screening, diagnostic assessment, progress monitoring and intervention are addressed;
(2) documentation showing that language structures related to reading development, including phonology, morphology, syntax and semantics are addressed;
(3) data demonstrating pre-service teacher competency regarding evidence-based literacy instruction through course assessments and clinical evaluations;
(4) pre-service teacher performance on literacy-related licensure assessments or competency measures;
(5) observation or evaluation data demonstrating a pre-service teacher's ability to deliver explicit and systematic reading instruction;
(6) documentation of ongoing faculty professional learning related to current research on reading development and literacy instruction; and
(7) documentation of program revisions or instructional changes made in response to pre-service teacher performance data, licensure outcomes or workforce feedback;
(c) provide evidence that at least 80% of pre-service teachers pass the licensure exam in literacy instruction approved by the state board of education and practicum supervisors demonstrate expertise in structured literacy, evidence-based practices and supervision;
(d) present a report on such systemwide analysis and any results from such analysis to the literacy advisory committee, state board of education and state board of regents; and
(d)(e) design
and implement two three-credit hour applied application courses that
shall be included within the approved graduation requirements to
earn a degree in elementary education on or before August 2024;
(e) implement
a common performance-based assessment for such courses to be used by
all postsecondary educational institutions on or before August 2024;
(f) assist
in the development of a science of reading and structured literacy
micro-credential for early childhood teachers, elementary education
teachers, English for speakers of other languages teachers, reading
specialists, special education teachers and paraprofessionals, early
childhood and elementary administrators that focuses on
research-based fundamentals of reading instruction; and
(g) provide
information, advice and recommendations to the literacy advisory
committee.
Sec. 11. On and after July 1, 2026, K.S.A. 2025 Supp. 74-32,274 is hereby amended to read as follows: 74-32,274. (a) Subject to appropriations, the amount of a Kansas promise scholarship for a student for each academic year shall be determined as follows:
(1) For a student enrolled in a promise eligible program offered by an eligible public postsecondary educational institution described in K.S.A. 2025 Supp. 74-32,271(b)(1)(A) or (B), and amendments thereto, the scholarship amount shall be the aggregate amount of tuition, required fees and the cost of books and required materials for the promise eligible program at the eligible postsecondary educational institution for the academic year in which the student is enrolled and receiving the scholarship minus the aggregate amount of all other aid awarded to such student for such academic year.
(2) For a student enrolled in a promise eligible program offered by an eligible private postsecondary educational institution described in K.S.A. 2025 Supp. 74-32,271(b)(1)(C), and amendments thereto, the scholarship amount shall be the aggregate amount of tuition, required fees and the cost of books and materials for such program for the academic year in which the student is enrolled and receiving the scholarship minus the aggregate amount of all other aid awarded to such student for such academic year, except that a scholarship awarded pursuant to this paragraph shall not exceed the average cost of tuition, required fees and the cost of books and required materials for such promise eligible program when offered by an eligible public postsecondary educational institution described in K.S.A. 2025 Supp. 74-32,271(b)(1)(A) or (B), and amendments thereto.
(b) Kansas promise scholarships shall only be awarded to an eligible student whose family household income equals $100,000 or less for a family of one or two, $150,000 or less for a family of three and, for household sizes above three, a household income that is equal to or less than the family of three amount plus $4,800 for each additional family member.
(c) (1) Kansas promise scholarship awards shall be used only to pay for up to a total of 68 promise scholarship funded credit hours or a total of $20,000 in Kansas promise scholarship awards, whichever occurs first, over the lifetime of the student who received the Kansas promise scholarship award regardless of the eligible postsecondary educational institution such student attended.
(2) Kansas promise scholarship awards shall not be used to fund:
(A) Prerequisite classes required for a promise eligible program unless such classes are a designated course within the eligible program; or
(B) any
remedial course, as defined in K.S.A. 76-7,151, and amendments
thereto,
unless such
including any
course is
remedial hours
offered
in
as part of
a corequisite
format
course.
(d) For each fiscal year, the appropriation made for the Kansas promise scholarship program shall not exceed $10,000,000.
(e) The state board of regents shall disburse funds based on reimbursement requests from eligible postsecondary educational institutions. Reimbursement requests shall be based on the actual amount of Kansas promise scholarship amounts awarded by an eligible postsecondary educational institution for the appropriate academic period. Any eligible postsecondary educational institution seeking reimbursement shall submit a reimbursement request to the state board of regents on or before September 1, December 1, March 1 and June 1 of each year. The state board of regents shall disburse the appropriate amount of funds to eligible postsecondary educational institutions on September 15, December 15, March 15 and June 15 each year.
(f) As used in this section, "aid" includes any grant, scholarship or financial assistance awards that do not require repayment. "Aid" does not include any military financial educational benefits or any family postsecondary savings account or other qualified tuition program established pursuant to section 529 of the internal revenue code of 1986, as amended.";
Also on page 2, in line 40, before "K.S.A." by inserting "On and after July 1, 2026,";
On page 3, in line 19, by striking "74-32,313 is" and inserting "72-3262, 74-32,290, 74-32,291, 74-32,292, 74-32,293, 74-32,294, 74-32,295 and 74-32,296 are"; following line 19, by inserting:
"Sec. 14. On and after July 1, 2026, K.S.A. 2025 Supp. 72-5179, 74-32,274 and 74-32,313 are hereby repealed.";
Also on page 3, in line 21, by striking "statute book" and inserting "Kansas register";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking "postsecondary"; in line 5, after the semicolon by inserting "directing the governor to approve short-term workforce training programs for Pell grant eligibility; requiring the state workforce development board to establish an internal process for such eligibility; providing for the transferability of credentials earned through career readiness assessments toward a degree; relating to the Kansas blueprint for literacy; expanding reporting requirements in the every child can read act; requiring members of the literacy advisory committee to have certain expertise; aligning literacy fluency goals with the state board of education's assessment cut scores; requiring school districts to employ reading specialists and develop individual student literacy plans for certain high-risk students; requiring the state board of education to designate best literacy practices and include a literacy practicum in the requirements for teacher licensure; requiring the development of a comprehensive literacy implementation plan; providing requirements for educator preparation programs; prohibiting Kansas promise scholarship awards from being used to fund remedial hours offered as part of corequisite courses;"; in line 10, after "Supp." by inserting "72-3262, 72-5179, 74-32,274, 74-32,290, 74-32,291, 74-32,292, 74-32,293, 74-32,294, 74-32,295 and"; in line 11, by striking "section" and inserting "sections; also repealing K.S.A. 2025 Supp. 74-32,296";
And your committee on conference recommends the adoption of this report.
Renee Erickson
Adam Thomas
Dinah Sykes
Conferees on part of Senate
Susan Estes
Kyle McNorton
Jerry Stogsdill
Conferees on part of House
On motion of Rep. Estes, the conference committee report on HB 2485 was adopted.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not voting: 2.
Yeas: Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2534 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 6 through 33;
By striking all on pages 2 through 20;
On page 21, by striking all in lines 1 through 8 and inserting:
"New Section 1. (a) The state board of education shall develop guidance for age-appropriate instruction on the prevention of the abuse of and addiction to fentanyl and other opioids. Such guidance shall be distributed to each school district.
(b) The board of education of each school district shall develop fentanyl abuse education programs based on the guidance provided by the state board of education. Such programs shall be provided to all students enrolled in grades nine through 12 and include instruction on the prevention of the abuse of and addiction to fentanyl and other opioids and the awareness of school and community resources available to help with abuse and addiction issues.
(c) Fentanyl abuse education programs may be provided as a part of any other drug abuse awareness and prevention program. A school district may work in cooperation with public or private third-party organizations, local health departments or law enforcement agencies to deliver such programs.
New Sec. 2. (a) Each school operated by a school district shall maintain a stock supply of naloxone.
(b) A stock supply of naloxone may consist of one or more standard-dose prepackaged nasal spray devices. A school nurse or designated school personnel may administer such naloxone in an emergency situation to any individual who displays the signs and symptoms of opioid overdose at school, on school property or at a school-sponsored event if such school nurse or designated school personnel reasonably believes that an individual is exhibiting the signs and symptoms of an overdose.
(c) The board of education of each school district shall establish policies and procedures relating to:
(1) Storage of naloxone that require that such medication is stored:
(A) In a safe location that is readily accessible to the school nurse or designated school personnel; and
(B) in accordance with manufacturer temperature recommendations;
(2) periodic monitoring of the inventory and expiration dates of such medication; and
(3) administration of such medication by designated school personnel.
(d) Each school district shall publish information related to policies and procedures for the administration of naloxone.
(e) A school district may accept monetary gifts, grants and donations to carry out the provisions of this section or may accept naloxone nasal spray devices from a manufacturer or wholesaler.
(f) As used in this section:
(1) "Designated school personnel" means an employee, officer, agent or volunteer of a school who is authorized by the board of education of the school district to administer naloxone on a voluntary basis outside of the scope of employment.
(2) "School nurse" means a registered nurse licensed by the board of nursing to practice nursing in Kansas or a licensed practical nurse working under a registered nurse who is employed by a school to perform nursing services in a school setting.
(3) "Stock supply" means an appropriate quantity of naloxone as recommended by a school nurse.
New Sec. 3. (a) Sections 3 through 5, and amendments thereto, shall be known and may be cited as the students safe at school act.
(b) As used in the students safe at school act:
(1) (A) "Active shooter drill" means an emergency preparedness drill designed to inform and instruct students, teachers, school personnel and other school staff on how to respond in the event that an armed intruder is on the school campus or an armed assailant is in the immediate vicinity of the school.
(B) "Active shooter drill" includes:
(i) For grades kindergarten through five, instruction through tabletop exercises and identification of appropriate places for students to locate during an emergency; and
(ii) for grades six through 12, the information described in clause (i) and the practice of active shooter drills.
(C) "Active shooter drill" does not include any sensory components, activities or elements that mimic a real-life shooting. "Active shooter drill" is not an active shooter simulation.
(2) "Active shooter simulation" means an emergency exercise, including full-scale or functional exercises, designed to inform and instruct adult teachers, school personnel and other school staff on how to respond in the event of an armed intruder on the school campus or an armed assailant in the immediate vicinity of the school. "Active shooter simulation" includes activities or elements mimicking a real-life shooting, including, but not limited to, simulation of tactical response by law enforcement. "Active shooter simulation" does not include active shooter drills.
(3) "Department" means the state department of education.
(4) "Evidenced-based" means a program or practice that demonstrates:
(A) A statistically significant effect on relevant outcomes based on:
(i) Strong evidence from not fewer than one well-designed and well-implemented experimental study;
(ii) moderate evidence from not fewer than one well-designed and well-implemented quasi-experimental study; or
(iii) promising evidence from not fewer than one well-designed and well-implemented correlational study with statistical controls for selective bias; or
(B) a rationale based on high-quality research findings or positive evaluations that the program or practice is likely to improve relevant outcomes and includes ongoing efforts to examine the effects of the program or practice.
(5) "Parent" and "person acting as parent" mean the same as defined in K.S.A. 72-3127, and amendments thereto.
(6) "School" means any elementary or secondary public school maintained and operated by a school district and any accredited nonpublic school that provides any of the grades kindergarten through 12.
(7) "Tabletop exercise" means an exercise designed to help students better understand their individual or group roles and responsibilities. "Tabletop exercises" may include constructive problem-solving as it relates to an armed intruder on the school property or an armed assailant in the immediate vicinity of the school and may incorporate age-appropriate written or video scenarios for students to follow.
(8) "Vendor" includes not-for-profit entities, for-profit entities and public agencies.
New Sec. 4. (a) On or before October 1, 2026, the department shall establish and publish best practice guidelines for conducting an active shooter drill in school. Such guidelines shall include, but not be limited to:
(1) Developmental, trauma-informed and age-appropriate design, including appropriate safety vocabulary;
(2) accessibility and accommodations for students with mobility restrictions, sensory needs, developmental or physical disabilities, mental health needs and auditory or visual limitations;
(3) prior notification of parents or persons acting as parents, including options to exempt a student from participation in any such drill;
(4) prohibition of punitive or negative treatment for a student's nonparticipation in any such drill;
(5) prior to commencing an active shooter drill, an announcement that informs students that such drill is practice and that there is no immediate danger;
(6) provision of debriefing time following any active shooter drill before regular classroom activity resumes;
(7) alternative safety education for students who do not participate in active shooter drills, including, but not limited to, essential safety instruction and training that is appropriate for students with mobility restrictions, sensory needs, developmental or physical disabilities, mental health needs and auditory or visual limitations; and
(8) any other matters that the department determines appropriate to minimize psychological harm to students while maintaining preparedness.
(b) The department shall review and update the guidelines as necessary and at least once every three years. Any such review shall incorporate current peer-reviewed research, federal agency recommendations and nationally recognized best practices regarding school safety drills and the effects of such drills on student mental health and behavior.
(c) (1) Each board of education or governing body shall adopt polices for the conduct of active shooter drills that are consistent with the guidelines published by the department pursuant to subsection (a).
(2) Once per year, each board of education and governing body shall review the efficacy and effect of active shooter drills and any impacts of such drills on the safety and mental health of students, teachers and other school personnel and staff.
(d) The school shall notify each parent or person acting as parent at least 24 hours prior to an active shooter drill, active shooter simulation or tactical training exercise. The notice shall provide that such parent or person acting as parent may opt such parent's or person acting as parent's student out of participation in such drill or simulation. Any student who is opted out of an active shooter drill or simulation shall have the opportunity to participate in alternative safety education and shall not receive any negative or punitive treatment for not participating in such drill or simulation. If notice cannot be provided at least 24 hours prior to an active shooter drill or simulation, notice shall be provided within 24 hours of the conclusion of the active shooter drill or simulation.
(e) Nothing in this section shall be deemed to:
(1) Supersede or limit the ability of a parent or person acting as parent to opt such parent's or person acting as parent's student out of participation in an active shooter drill or simulation; or
(2) require any school to conduct active shooter drills in a manner that conflicts with the guidelines published by the department pursuant to subsection (a).
New Sec. 5. (a) Except as provided in subsection (c), no school shall conduct, sponsor or permit any active shooter simulation on school property where students in grades kindergarten through eight regularly attend school.
(b) The board of education or governing body of a school may conduct, sponsor or permit active shooter simulations on school property, if only students in grades 9 through 12 regularly attend school on such school property.
(c) Nothing in this section shall prohibit law enforcement agencies and adult school personnel from conducting or participating in tactical training exercises on school property if:
(1) The exercises do not occur during regular school hours or any time when students are present or expected to be present;
(2) no student participates in such exercises; and
(3) the board of education or governing body of the school has provided prior written authorization for the use of school property for such exercises.
Sec. 6. K.S.A. 31-133 is hereby amended to read as follows: 31-133. (a) The state fire marshal shall adopt reasonable rules and regulations, consistent with the provisions of this act, for the safeguarding of life and property from fire, explosion and hazardous materials. Such rules and regulations shall include, but not be limited to, the following:
(1) The keeping, storage, use, sale, handling, transportation or other disposition of highly flammable materials, including crude petroleum or any of its products, natural gas for use in motor vehicles, and of explosives, including gunpowder, dynamite, fireworks and firecrackers. Any such rules and regulations may prescribe the materials and construction of receptacles and buildings to be used for any of such purposes;
(2) the transportation of liquid fuel over public highways in order to provide for the public safety in connection therewith;
(3) the construction, maintenance and regulation of exits and fire escapes from buildings and all other places in which people work, live or congregate from time to time for any purpose, including apartment houses, as defined by K.S.A. 31-132a, and amendments thereto. Such rules and regulations shall not apply to buildings used wholly as dwelling houses containing no more than two families;
(4) the installation and maintenance of equipment intended for fire control, detection and extinguishment in all buildings and other places in which persons work, live or congregate from time to time for any purpose, including apartment houses as defined by K.S.A. 31-132a, and amendments thereto. Such rules and regulations shall not apply to buildings used wholly as dwelling houses containing no more than two families;
(5) requiring administrators of public and private schools and educational institutions, except community colleges, colleges and universities, to conduct at least four fire drills each school year at some time during school hours, aside from the regular dismissal at the close of the day's session, and prescribing the manner in which such fire drills are to be conducted;
(6) procedures for the reporting of fires and explosions occurring within the state and for the investigation thereof;
(7) procedures
for reporting by healthcare providers of treatment of second and
third degree burn wounds involving 20% or more of the victim's body
and requiring hospitalization of the victim,
which.
Such
reporting is hereby authorized notwithstanding any provision of
K.S.A. 60-427, and amendments thereto, to the contrary;
(8) requiring administrators of public and private schools and educational institutions, except community colleges, colleges and universities, to establish tornado procedures. Such procedures shall:
(A) Provide for at least two tornado drills to be conducted each school year, of which one shall be conducted in September and one shall be conducted in March, at some time during school hours, aside from the regular dismissal at the close of the day's session;
(B) describe the manner in which such tornado drills are to be conducted; and
(C) shall be subject to approval by the state fire marshal;
(9) requiring
administrators of community colleges, colleges and universities to
establish tornado procedures,
which.
Such
procedures shall be subject to approval by the director of the
disaster agency of the county;
(10) the development and implementation of a statewide system of hazardous materials assessment and response;
(11) the use of pyrotechnics, pyrotechnic devices and pyrotechnic materials;
(12) requiring administrators of public and private schools and educational institutions, except community colleges, colleges and universities, to conduct at least three crisis drills each school year at some time during school hours, aside from the regular dismissal at the close of the day's session. The manner in which such crisis drills are conducted may be subject to approval by the safe and secure schools unit of the Kansas department of education; and
(13) other safeguards, protective measures or means adapted to render inherently safe from the hazards of fire or the loss of life by fire any building or other place in which people work, live or congregate from time to time for any purpose, except buildings used wholly as dwelling houses containing no more than two families.
(b) Any rules and regulations of the state fire marshal adopted pursuant to this section may incorporate by reference specific editions, or portions thereof, of nationally recognized fire prevention codes.
(c) The rules and regulations adopted pursuant to this section shall allow facilities in service prior to the effective date of such rules and regulations, and not in strict conformity therewith, to continue in service, so long as such facilities are not determined by the state fire marshal to constitute a distinct hazard to life or property. Any such determination shall be subject to the appeal provisions contained in K.S.A. 31-140, and amendments thereto.
(d) The state fire marshal may grant an exemption pursuant to K.S.A. 31-136, and amendments thereto, that authorizes a variance for the number or manner of drills conducted pursuant to subsection (a)(5), (8) or (12) for students receiving special education or related services.
(e) (1) As used in this section, "crisis drills" includes intruder response drills, lockdown drills and active shooter drills, as defined in section 3, and amendments thereto.
(2) Any public or private school that conducts an active shooter drill shall conduct such drill in accordance with section 3 et seq., and amendments thereto.
(3) No crisis drill conducted by any public or private school shall include an active shooter simulation as defined in section 3, and amendments thereto, or any element of an active shooter simulation.
Sec. 7. K.S.A. 2025 Supp. 72-3574 is hereby amended to read as follows: 72-3574. (a) Each participating school district board of education shall submit annually to the state board of education an at-risk student accountability plan to attain at-risk student proficiency in accordance with this section and to ensure the provision of programs and services that are above and beyond regular education services to students who are eligible for at-risk programs and services. Such plan shall be submitted to the state board of education on a form and in the manner required by the state board. The purpose of each school district's at-risk student accountability plan is to:
(1) Demonstrate that the school district is using evidenced-based instruction, as defined in K.S.A. 72-5153, and amendments thereto, for the education of students who are identified as eligible to receive at-risk programs and services;
(2) measure longitudinal academic improvement in a quantitative manner;
(3) establish quantitative student academic improvement goals for certain identified student cohort groups and strive to meet such goals through the provision of evidence-based instruction that is provided to such cohort groups above and beyond regular educational services;
(4) ensure that at-risk education fund moneys are expended in accordance with the law by providing services above and beyond regular education services; and
(5) continue the process of identifying certain student cohort groups and providing evidence-based instruction above and beyond that of a regular education to such identified student cohort groups until the school district achieves the state board of education's goal to have 75% of all students achieve proficiency by scoring at performance level 3 or 4 on the state assessments for English language arts and mathematics.
(b) Each
at-risk student accountability plan shall identify not fewer than
one cohort group of students who are enrolled and attending grade
three
four
each school year that such cohort group is required to be identified
and not fewer than one cohort group of students enrolled in and
attending kindergarten or any of the grades one through eight each
school year that such cohort group is required to be identified.
Except as provided in this subsection,
one of the student cohort groups identified by the school district
for either such grade level shall be the students who are eligible
for free meals pursuant to the national school lunch program. for
the other
for each
grade level, the school district shall identify any
other
student cohort group that corresponds to one of the subgroups
identified for state assessment purposes
or shall identify a cohort group of students.
If two such student cohort groups cannot be identified, such school
district shall identify a student cohort group
who are identified as eligible to receive at-risk educational
programs and services pursuant to the same at-risk identification
criteria established pursuant to K.S.A. 72-5153a, and amendments
thereto. A school district shall not identify a cohort group of
students pursuant to this subsection if such cohort group is
comprised of 10 or fewer students. If
both cohort groups of students who are eligible for free meals are
comprised of 10 or fewer students
no cohort group of students comprising 11 or more students can be
formed using any of the subgroup descriptions provided in this
subsection,
the school district shall
identify another cohort group pursuant to this subsection
consult with the state department of education to determine
appropriate alternative student cohort groups that are comprised of
11 or more students.
(c)
(1) Each participating school district board of education shall
establish a four-year quantitative academic improvement goal for
each identified student cohort group in accordance with this
subsection and shall repeat such process every four years as
provided in this section. The academic improvement goal established
for a cohort group pursuant to this section shall be related to the
achievement of academic proficiency in the areas of English language
arts
and
or
mathematics. Once a school district establishes a four-year
quantitative academic improvement goal for a cohort group on the
school district's at-risk accountability plan, the school district
shall not revise or revoke such goal for such cohort group in order
to meet or exceed such goal.
(2) To attain the four-year quantitative academic improvement goal for each identified student cohort group, the school district board of education shall identify and implement two through four targeted supports or interventions for each identified student cohort group. Such supports or interventions shall be selected from the state board of education's list of approved at-risk educational programs established pursuant to K.S.A. 72-5153, and amendments thereto. The purpose of the targeted supports or interventions is to provide evidence-based instruction above and beyond regular education services to the identified student cohort group and evaluate whether such targeted supports or interventions have a positive impact on academic improvement. A school district board of education may select different targeted supports or interventions for each identified student cohort group and may change such targeted supports or interventions if the chosen targeted supports or interventions are not having a positive impact on academic improvement.
(d) (1) Each participating school district board of education shall conduct a four-year or five-year longitudinal academic evaluation of each student cohort group identified on the school district's at-risk student accountability plan to evaluate whether such students improved upon attainment of academic proficiency and met or exceeded the quantitative academic improvement goal established by the school district board of education.
(2) To
evaluate whether the student cohort group that is first identified
in grade
three
four
pursuant to this section is achieving at a level that is sufficient
to meet or exceed the quantitative academic improvement goal
established for such cohort group, the school district shall select
and specify in the school district's at-risk accountability plan not
more than two quantitative measures to evaluate the cohort group's
achievement. One of such quantitative measures used by the school
district shall be the English language arts
and
or
mathematics state
assessments
assessment
that corresponds to the quantitative academic improvement goal for
the student cohort group.
The school district may choose one additional quantitative measure
to evaluate such cohort group's progress from the list of approved
quantitative measures in paragraph (4).
(3) To
evaluate whether the other student cohort group that is first
identified in kindergarten or any of the grades one through eight
pursuant to this section is achieving at a level that is sufficient
to meet or exceed the quantitative academic improvement goal
established for such cohort group, the school district shall select
and specify on the school district's at-risk accountability plan not
more than two quantitative measures to evaluate such cohort group's
achievement. If such identified student cohort group will take the
English language arts and mathematics state assessments in a school
year that such cohort group is evaluated pursuant to this section,
the school district shall use
such
the appropriate
state
assessments
assessment
to evaluate the cohort group's achievement and may choose one
additional quantitative measure to evaluate such cohort group's
progress from the list of approved quantitative measures in
paragraph (4). If such identified student cohort group will not take
the English language arts and mathematics state assessments in a
school year that such cohort group is evaluated, the school district
shall use one or two quantitative measures to evaluate such cohort
group's progress from the list of approved quantitative measures in
paragraph (4).
(4) Subject to the requirements of paragraphs (2) and (3), the quantitative measures that a school district may use to evaluate whether an identified student cohort group is achieving at a level that is sufficient to meet or exceed the quantitative academic improvement goal established for such cohort group shall only include the following:
(A) The
English language arts
and
or
mathematics state
assessments
assessment;
(B) a formative assessment approved by the state board of education;
(C) a summative assessment approved by the state board of education; or
(D) ACT or ACT workkeys assessments.
(e) If the identified student cohort group meets or exceeds the quantitative academic improvement goal established for such cohort group at the end of the four-year period, the school district board of education shall repeat the process established pursuant to this section by identifying another student cohort group, establishing a four-year quantitative academic improvement goal for such cohort group and conducting a four-year or five-year longitudinal academic evaluation of such cohort group in accordance with this section.
(f) If the identified student cohort group does not meet or exceed the quantitative academic improvement goal established for such cohort group at the end of the four-year period:
(1) The state board of education shall deem such school district as not meeting at-risk improvement requirements on the school district's at-risk student achievement report published on the state board's website pursuant to subsection (j) until such school district meets the quantitative academic improvement goal established by the school district board of education for the subsequent cohort group identified pursuant to subsection (b) that replaces the cohort group that did not meet or exceed the four-year longitudinal academic improvement goal;
(2) the school district board of education shall continue to evaluate the longitudinal academic performance of such student cohort group for one additional school year in accordance with this section; and
(3) the school district board of education shall repeat the process established pursuant to this section by identifying another student cohort group pursuant to subsection (b), establishing a four-year quantitative academic improvement goal for such cohort group and conducting a four-year or five-year longitudinal academic evaluation of such cohort group in accordance with this section.
(g) (1) Commencing in school year 2030-2031, if an identified student cohort group does not meet or exceed the quantitative academic improvement goal established for such cohort group at the end of the one additional school year that the school district is authorized to evaluate such cohort group pursuant to subsection (f)(2), notwithstanding the provisions of K.S.A. 72-5131 et seq., and amendments thereto, the school district's at-risk student weighting and high-density at-risk student weighting entitlements in the school year following such one additional school year shall be determined and adjusted by the state board as follows:
(A) If only one student cohort group identified on the school district's at-risk accountability plan fails to meet or exceed the quantitative academic improvement goal established by the school district board of education at the end of the one additional school year that the school district is authorized to evaluate such cohort group pursuant to subsection (f)(2), the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final year of the five-year evaluation period of such cohort group;
(ii) determine the difference between the BASE aid amount in the current school year pursuant to K.S.A. 72-5132, and amendments thereto, and the BASE aid amount determined pursuant to subsection (g)(1)(A)(i);
(iii) multiply the amount determined pursuant to subsection (g)(1)(A)(ii) by 0.50;
(iv) add the amount determined pursuant to subsection (g)(1)(A)(i) to the amount determined pursuant to subsection (g)(1)(A)(iii); and
(v) multiply the sum determined pursuant to subsection (g)(1)(A)(iv) by the school district's at-risk student weighting and high-density at-risk student weighting determined pursuant to K.S.A. 72-5151, and amendments thereto. The computed amount is the amount of state aid attributable to the at-risk student weighting and high-density at-risk weighting that the school district shall be entitled to receive in the current school year; or
(B) if both student cohort groups identified on the school district's at-risk accountability plan fail to meet or exceed the quantitative academic improvement goals established by the school district board of education at the end of the one additional school year that the school district is authorized to evaluate such cohort groups pursuant to subsection (f)(2), the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final year of the five-year evaluation period of such cohort groups; and
(ii) multiply the amount determined pursuant to subsection (g)(1)(B)(i) by the school district's at-risk student weighting and high-density at-risk student weighting determined pursuant to K.S.A. 72-5151, and amendments thereto. The computed amount is the amount of state aid attributable to the at-risk student weighting and high-density at-risk student weighting that the school district shall be entitled to receive in the current school year; and
(2) commencing in school year 2030-2031, the state board of education shall determine a school district's at-risk student weighting and high-density at-risk student weighting entitlements pursuant to this subsection for the school year following the one additional school year that the school district is authorized to evaluate a cohort group pursuant to subsection (f)(2) and in which the cohort group identified on the school district's at-risk accountability plan fails to meet or exceed the quantitative academic improvement goal established by the school district board of education at the end of the five-year evaluation period of such cohort group.
(h) Each participating school district board of education shall continue to follow the school district's at-risk student accountability plan and update the plan annually or as may be necessary to repeat the process established pursuant to this section every four years by identifying another student cohort group, establishing a four-year quantitative academic improvement goal for such cohort group and conducting a four-year or five-year longitudinal academic evaluation of such cohort group in accordance with this section. Such process shall continue until the school district achieves the state board of education's goal to have 75% of all students who took the statewide assessments during the preceding school year achieve academic proficiency by scoring at performance level 3 or 4 on the statewide assessments in both English language arts and mathematics.
(i)
(1) For school years 2024-2025 and 2025-2026, the provisions of
subsections (a) through (h) shall be implemented as a pilot program
by 10 school districts selected by the state board of education for
participation in such pilot program. When selecting the 10 school
districts that will participate in such pilot program, the state
board of education shall select a diverse array of school districts
with consideration given to a school district's size, location,
student demographics and level of staff participation and prior
training in the science of reading.
(2) Commencing
in school year 2026-2027, the provisions of subsections (a) through
(h) shall be implemented by all school districts, including the
school districts that participated in the pilot program
during the immediately two preceding school years.
A school district that participated in the pilot program may
identify new student cohort groups in such school year.
(j) (1) Each school district board of education shall submit annually to the state board of education an at-risk student achievement report on a form and in the manner established by the state board that includes:
(A) Subject to the provisions of subsection (i), the school district's at-risk student accountability plan to attain student proficiency established in accordance with this section that includes the cohort groups identified by the board of education of the school district and the quantitative academic improvement goals established for such cohort groups;
(B) subject to the provisions of subsection (i), the current progress of the school district's plan to attain at-risk student proficiency and an estimation of whether the school district expects to meet or exceed the longitudinal academic improvement goals established by the school district board of education pursuant to this section;
(C) the
expenditures made from the school district's at-risk education fund,
which shall be submitted:
(i) In
school years 2024-2025 and 2025-2026 by the school districts that
are participating in the pilot program established pursuant to
subsection (i); and
(ii) in
school year 2026-2027 and each school year thereafter, by all school
districts;
(D) the at-risk educational programs, services and resources and the provisional at-risk educational programs that the school district is using to support student achievement for students identified as eligible to receive at-risk program services and the targeted supports and interventions from the state board of education's list of approved at-risk educational programs that the school district is using to provide evidence-based instruction above and beyond regular education services to achieve the longitudinal academic improvement goals established for each cohort group;
(E) the number of students identified as eligible to receive at-risk or provisional at-risk educational programs and services who were served or provided assistance under the school district's approved at-risk program; and
(F) the data and research that the school district utilized to determine what programs and services are needed to implement the district's approved at-risk program.
(2) Each school district may provide a supplemental narrative to accompany the school district's at-risk student achievement report to provide information regarding annual progress reports or reasons why the school district was able to meet or not meet the longitudinal academic improvement goals established for each cohort group identified on the school district's at-risk student accountability plan pursuant to this section.
(3) To achieve uniform reporting of the number of students who are provided at-risk programs and services above and beyond that of a regular education, school districts shall report the information required pursuant to this subsection in a uniform manner required by the state board.
(k) Commencing in school year 2026-2027, the state board of education shall publish the plans and reports submitted by all school districts on the state board of education's website through the link on the state department of education's website homepage titled "accountability reports" with such reports published under a link titled "school district at-risk student accountability plans and reports." Commencing in school year 2026-2027, each school district board of education shall publish the school district's report on the school district's website and provide a link to the state department of education's website where all such reports are displayed.
(l) On or before January 31 each year, the state department of education shall prepare and present a summary of the reports submitted pursuant to subsection (j) to the house of representatives standing committee on K-12 education budget and the senate standing committee on education or any successor committees.
(m) As used in this section, "longitudinal" means the repeated examination and progress monitoring of the same individuals of a particular cohort group of students over a period of time.
(n) The
provisions of this section shall take effect and be in force from
and after July 1, 2024.
Sec. 8. K.S.A. 31-133 and K.S.A. 2025 Supp. 72-3574 are hereby repealed.";
And by renumbering sections accordingly;
On page 1, in the title, in line 1 by striking all after "concerning"; by striking all in line 2; in line 3 by striking all before the period and inserting "schools; relating to drug abuse education programs; requiring school districts to provide fentanyl abuse education programs; mandating school districts to maintain a supply of naloxone in all schools; relating to crisis drills; requiring the department of education to establish guidelines for active shooter drills conducted by public and accredited nonpublic elementary and secondary schools; regulating active shooter simulations in such schools; relating to school district at-risk student accountability plans; modifying the requirements for student cohorts and achievement goals for such plans; amending K.S.A. 31-133 and K.S.A. 2025 Supp. 72-3574 and repealing the existing sections";
Renee Erickson
Adam Thomas
Dinah Sykes
Conferees on part of Senate
Susan Estes
Kyle McNorton
Jerry Stogsdill
Conferees on part of House
On motion of Rep. Estes, the conference committee report on HB 2534 was adopted.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not voting: 2.
Yeas: Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2731 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed as Substitute for House Bill No. 2731 with Senate Committee of the W hole amendments, as follows:
On page 1, by striking all in lines 12 through 36; on page 2, by striking all in lines 1 through 11; following line 11 by inserting:
"New Section 1. (a) The department of health and environment, in coordination with the Kansas department for aging and disability services, shall seek all necessary federal approvals, including, but not limited to, authority under section 1115 of the federal social security act, to establish continuous medicaid eligibility protections for individuals with documented permanent intellectual or developmental disabilities who are receiving services through a home and community based services waiver.
(b) For purposes of federal approval and program design, the state shall seek authority to:
(1) Establish continuous medicaid eligibility for individuals described in subsection (a) unless a verified change occurs in income, assets, residency or disability status;
(2) limit routine eligibility redeterminations for individuals described in subsection (a) to circumstances involving a documented or reported material change,
(3) maintain all existing financial eligibility standards and federal program integrity requirements; and
(4) reduce administrative functions that do not improve eligibility accuracy or program oversight.
(c) Nothing in this section shall be construed to:
(1) Expand medicaid eligibility categories;
(2) modify financial eligibility thresholds;
(3) alter services, protections or assurances required under any home and community based services waiver authorized under section 1915(c) of the federal social security act; or
(4) authorize implementation of continuous eligibility protections unless and until federal approval is received.
(d) Upon receipt of federal approval, the secretary of health and environment shall implement continuous eligibility protections in coordination with the secretary for aging and disability services.
(e) If federal approval is not granted, the secretaries shall report to the legislature regarding:
(1) Barriers to approval;
(2) alternative administrative options to improve eligibility continuity; and
(3) estimated fiscal and administrative impacts of alternative approaches.
New Sec. 2. (a) To verify eligibility for the food assistance program and the medical assistance program pursuant to K.S.A. 39-709, and amendments thereto, the secretary for children and families, in the administration of food assistance, and the secretary of health and environment, in the administration of medical assistance, shall enter into data-matching agreements with state agencies to compare data related to individuals and households applying for or enrolled in food assistance or medical assistance and other state data sets that indicate a change in circumstance that may affect eligibility. Each respective secretary shall receive and review information concerning individuals or households applying for or enrolled in food assistance or medical assistance that indicates a change in circumstances that may affect eligibility for food assistance or medical assistance on at least a:
(1) Monthly basis, from the office of vital statistics, including, but limited to, death records;
(2) quarterly basis, from the department of labor, including, but not limited to, changes in employment or wages;
(3) monthly basis, including, but not limited to, potential changes in residency as identified by out-of-state electronic benefit transfer transactions;
(4) monthly basis, from the department of corrections, including, but not limited to, incarceration status; and
(5) monthly basis, from the Kansas lottery and the Kansas racing and gaming commission, to identify individuals and households with lottery or gambling winnings of $3,000 or greater and, to the extent permissible under federal law, deem this data verified upon receipt, and if the data is not verified upon receipt, the department shall make referrals for further investigation to identify individuals and households with winnings equal to or greater than the resource limit for elderly or disabled individuals and households as defined in 7 C.F.R. § 273.8(b).
(b) When an enrollee is determined to be noncompliant with requirements or ineligible for food assistance or medical assistance, such enrollee shall be provided no greater than a 30-day notice of such noncompliance or ineligibility prior to being disenrolled from food assistance or medical assistance.
New Sec. 3. (a) On and after January 1, 2027, the department of health and environment shall submit medical assistance enrollment data to the United States centers for medicare and medicaid services on a monthly basis to identify and remove individuals who are enrolled in medical assistance programs in multiple states.
(b) The department shall submit medical assistance enrollee address information collected from the following reliable data sources:
(1) Mail returned to the department by the United States postal service with a forwarding address;
(2) the national change of address database maintained by the United States postal service;
(3) a managed care organization, prepaid inpatient health plan or prepaid ambulatory health plan that has a contract under the state plan if such address information is provided to such organization or plan directly from, or verified by such organization or plan directly with such enrollee; or
(4) any other data source identified by the department and approved by the secretary of the United States department of health and human services.
New Sec. 4. (a) On and after July 1, 2026, no state agency shall provide an optional exemption, geographic waiver or work requirements waiver for any public assistance program unless the legislature expressly consents to and approves of such exemption or waiver by an act of the legislature.
(b) As used in this section:
(1) "Public assistance program" means any assistance under K.S.A. 39-709, and amendments thereto; and
(2) "state agency" means the same as defined in K.S.A. 75-3701, and amendments thereto.
Sec. 5. K.S.A. 2025 Supp. 39-709 is hereby amended to read as follows: 39-709. (a) General eligibility requirements for assistance for which federal moneys are expended. (1) Subject to the additional requirements below, assistance in accordance with plans under which federal moneys are expended may be granted to any needy person who:
(A) Has insufficient income or resources to provide a reasonable subsistence compatible with decency and health and when determining such income or resources, the secretary shall:
(i) When a husband and wife or cohabiting partners are living together, consider the combined income or resources of both to determine the eligibility of either or both for such assistance unless otherwise prohibited by law;
(ii) not take into account the financial responsibility of any individual for any applicant or recipient of assistance unless such applicant or recipient is such individual's spouse, cohabiting partner or such individual's minor child or minor stepchild if the stepchild is living with such individual;
(iii) review and may provide such income and resource exemptions as may be permitted by federal law; and
(iv) consider one motor vehicle owned by the applicant for assistance, regardless of the value of such vehicle, as exempt personal property and shall consider any equity in any boat, personal water craft, recreational vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle owned by the applicant for assistance to be a nonexempt resource of the applicant for assistance except that any additional motor vehicle used by the applicant, the applicant's spouse or the applicant's cohabiting partner for the primary purpose of earning income may be considered as exempt personal property in the secretary's discretion;
(B) is a citizen of the United States or is an alien lawfully admitted to the United States; and
(C) resides in the state of Kansas.
(2) No person who voluntarily quits employment or who is fired from employment due to gross misconduct as defined by rules and regulations of the secretary or who is a fugitive from justice by reason of a felony conviction or charge or violation of a condition of probation or parole imposed under federal or state law shall be eligible to receive public assistance benefits in this state. Any recipient of public assistance who fails to timely comply with monthly reporting requirements under criteria and guidelines prescribed by rules and regulations of the secretary shall be subject to a penalty established by the secretary by rules and regulations.
(3) The
department of administration shall provide monthly to the Kansas
department for children and families the social security numbers or
alternate taxpayer identification numbers of all persons who claim a
Kansas lottery prize in excess of
$5,000
$3,000
during the reported month. The Kansas department for children and
families shall verify if individuals with such winnings are
receiving temporary assistance for needy families or TANF, food
assistance or assistance under the child care subsidy program and
take appropriate action. The Kansas department for children and
families shall use data received under this subsection solely, and
for no other purpose, to determine if any recipient's eligibility
for benefits has been affected by lottery prize winnings. The Kansas
department for children and families shall not publicly disclose the
identity of any lottery prize winner, including recipients who are
determined to have illegally received benefits.
(4) Unless required under federal law, the Kansas department for children and families and the department of health and environment shall not accept self-attestation of income, residency, age, household composition, caretaker relative status or receipt of other coverage without verification prior to enrollment, or request authority to waive or decline to periodically check any available income-related data sources to verify eligibility for TANF, food assistance, medical assistance or assistance under the child care subsidy program.
(b) Temporary assistance for needy families program. (1) As used in this section, "family group" or "household" means the applicant or recipient for TANF, child care subsidy or employment services and all individuals living together in which there is a relationship of legal responsibility or a qualifying caretaker relationship. This will include a cohabiting partner living with the person legally responsible for the child.
(2) Assistance may be granted under this act to any dependent child, or relative, subject to the general eligibility requirements as set out in subsection (a), who resides in the state of Kansas or whose parent or other relative with whom the child is living resides in the state of Kansas. Where the husband and wife or cohabiting partners are living together, both shall register for work under the program requirements for TANF in accordance with criteria and guidelines prescribed by rules and regulations of the secretary.
(3) The family group shall not be eligible for TANF if the family group contains at least one adult member who has received TANF, including the federal TANF received in any other state, for 24 calendar months beginning on and after October 1, 1996, unless the secretary determines a hardship exists and grants an extension allowing receipt of TANF until the 36-month limit is reached. No extension beyond 36 months shall be granted. Hardship provisions for a recipient include:
(A) Is a caretaker of a disabled family member living in the household;
(B) has a disability that precludes employment on a long-term basis or requires substantial rehabilitation;
(C) needs a time limit extension to overcome the effects of domestic violence or sexual assault;
(D) is involved with prevention and protection services and has an open social service plan; or
(E) is determined by the 24th month to have an extreme hardship other than what is designated in criteria listed in subparagraphs (A) through (D). This determination will be made by the executive review team.
(4) Eligibility for TANF shall be subject to subsection (f)(1) through (3).
(5) All adults applying for TANF shall be required to complete a work program assessment as specified by the Kansas department for children and families, including those who have been disqualified for or denied TANF due to non-cooperation, drug testing requirements or fraud. Adults who are not otherwise eligible for TANF, such as ineligible aliens, relative/non-relative caretakers and adults receiving supplemental security income are not required to complete the assessment process.
(6) During the application processing period, applicants must complete at least one module or its equivalent of the work program assessment to be considered eligible for TANF benefits, unless good cause is found to be exempt from the requirements. Good cause exemptions shall only include that the applicant:
(A) Can document an existing certification verifying completion of the work program assessment;
(B) has a valid offer of employment or is employed a minimum of 20 hours a week;
(C) is a parenting teen without a GED or high school diploma;
(D) is enrolled in job corps;
(E) is working with a refugee social services agency; or
(F) has completed the work program assessment within the last 12 months.
(7) The Kansas department for children and families shall maintain a sufficient level of dedicated work program staff to enable the agency to conduct work program case management services to TANF recipients in a timely manner and in full accordance with state law and agency policy.
(8) (A) TANF mandatory work program applicants and recipients shall participate in work components that lead to competitive, integrated employment. Components are defined by the federal government as being either primary or secondary.
(B) (i) In order to meet federal work participation requirements, households shall meet at least 30 hours of participation per week, at least 20 hours of which shall be primary and at least 10 hours may be secondary components in one parent households where the youngest child is six years of age or older.
(ii) Participation hours shall be 55 hours per week in two parent households, 35 hours per week if child care is not used. The maximum assignment is 40 hours per week per individual.
(iii) For two parent families to meet the federal work participation rate, both parents shall participate in a combined total of 55 hours per week, 50 hours of which shall be in primary components, or one or both parents could be assigned a combined total of 35 hours per week, 30 hours of which must be primary components, if the Kansas department for children and families paid child care is not received by the family.
(iv) Single parent families with a child under six years of age meet the federal participation requirement if the parent is engaged in work or work activities for at least 20 hours per week in a primary work component.
(C) (i) The following components meet federal definitions of primary hours of participation:
(a) Full-time or part-time employment;
(b) apprenticeship;
(c) work study;
(d) self-employment;
(e) job corps;
(f) subsidized employment;
(g) work experience sites;
(h) on-the-job training;
(i) supervised community service;
(j) vocational education;
(k) job search; and
(l) job readiness.
(ii) Secondary components include:
(a) Job skills training;
(b) education directly related to employment such as adult basic education and English as a second language; and
(c) completion of a high school diploma or GED.
(D) A parent or other adult caretaker personally providing care for a child under the age of three months in their TANF household shall be exempt from work participation activities until the month the child attains three months of age. Such three-month limitation shall not apply to a parent or other adult caretaker who is personally providing care for a child born significantly premature, with serious medical conditions or with a disability as defined by the secretary, in consultation with the secretary of health and environment and adopted in the rules and regulations. The three-month period is defined as two consecutive months starting with the month after childbirth. The exemption for caring for a child under three months of age cannot be claimed by:
(i) Either parent when two parents are in the home and the household meets the two-parent definition for federal reporting purposes;
(ii) one parent or caretaker when the other parent or caretaker is in the home, and available, capable and suitable to provide care and the household does not meet the two-parent definition for federal reporting purposes;
(iii) a person 19 years of age or younger when such person is pregnant or a parent of a child in the home and the person does not possess a high school diploma or its equivalent. Such person shall become exempt the month such person attains 20 years of age; or
(iv) any person assigned to a work participation activity for substance use disorders.
(E) TANF work experience placements shall be reviewed after 90 days and are limited to six months per 24-month lifetime limit. A client's progress shall be reviewed prior to each new placement regardless of the length of time they are at the work experience site.
(F) TANF participants with disabilities shall engage in required employment activities to the maximum extent consistent with their abilities. A TANF participant shall provide current documentation by a qualified medical practitioner that details the ability to engage in employment and any limitation in work activities along with the expected duration of such limitations. As used in this subparagraph, "disability" means a physical or mental impairment constituting or resulting in a substantial impediment to employment for such individual.
(G) The period of ineligibility for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702, and amendments thereto, with work programs shall be as follows, for a:
(i) First penalty, three months and full cooperation with work program activities;
(ii) second penalty, six months and full cooperation with work program activities;
(iii) third penalty, one year and full cooperation with work program activities; and
(iv) fourth or subsequent penalty, 10 years.
(9) The period of ineligibility for TANF benefits based on parents' non-cooperation, as defined in K.S.A. 39-702, and amendments thereto, with child support services shall be as follows, for a:
(A) First penalty, three months and cooperation with child support services prior to regaining eligibility;
(B) second penalty, six months and cooperation with child support services prior to regaining eligibility;
(C) third penalty, one year and cooperation with child support services prior to regaining eligibility; and
(D) fourth penalty, 10 years.
(10) No TANF shall be used to purchase alcohol, cigarettes, tobacco products, lottery tickets, concert tickets, professional or collegiate sporting event tickets or tickets for other entertainment events intended for the general public or sexually oriented adult materials. No TANF shall be used in any retail liquor store, casino, gaming establishment, jewelry store, tattoo parlor, massage parlor, body piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store, vapor cigarette store, psychic or fortune telling business, bail bond company, video arcade, movie theater, swimming pool, cruise ship, theme park, dog or horse racing facility, parimutuel facility, or sexually oriented business or any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, or in any business or retail establishment where minors under 18 years of age are not permitted. No TANF shall be used for purchases at points of sale outside the state of Kansas.
(c) Food assistance program. (1) (A) The secretary shall not apply gross income standards for food assistance higher than the standards specified in 7 U.S.C. § 2015(c) unless expressly required by federal law. Categorical eligibility exempting households from such gross income standards requirements shall not be granted for any non-cash, in-kind or other benefit unless expressly required by federal law.
(B) The secretary shall not apply resource limits standards for food assistance that are higher than the standards specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal law. Categorical eligibility exempting households from such resource limits shall not be granted for any non-cash, in-kind or other benefit unless expressly required by federal law.
(C) The secretary shall not enact the state option from the United States department of agriculture for broad-based categorical eligibility for households applying for food assistance according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
(D) Eligibility for the food assistance program shall be limited to those individuals who are citizens or who meet qualified non-citizen status as determined by the United States department of agriculture. Non-citizen individuals who are unable or unwilling to provide qualifying immigrant documentation, as defined by the United States department of agriculture, residing within a household shall not be included when determining the household's size for the purposes of assigning a benefit level to the household for food assistance or comparing the household's monthly income with the income eligibility standards. The gross non-exempt earned and unearned income and resources of disqualified individuals shall be counted in its entirety as available to the remaining household members.
(E) Individuals who have not cooperated with TANF work programs shall be ineligible to participate in the food assistance program. The comparable penalty shall be applied to only the individual in the food assistance program who failed to comply with the TANF work requirement. The agency shall impose the same penalty to the member of the household who failed to comply with TANF requirements. The penalty periods are three months, six months, one year or 10 years.
(F) Individuals who have not cooperated without good cause with child support services shall be ineligible to participate in the food assistance program. The period of disqualification ends once it has been determined that such individual is cooperating with child support services.
(G) Eligibility for food assistance shall be subject to subsection (f)(4).
(2) (A) Each food assistance household member who is not otherwise exempt from the following work requirements shall:
(i) Register for work;
(ii) participate in an employment and training program, if assigned to such a program by the department;
(iii) accept a suitable employment offer; and
(iv) not voluntarily quit a job of at least 30 hours per week.
(B) Any recipient who has not complied with the work requirements under subparagraph (A) shall be ineligible to participate in the food assistance program for the following time period and until the recipient complies with such work requirements for a:
(i) First penalty, three months;
(ii) second penalty, six months; and
(iii) third penalty and any subsequent penalty, one year.
(C) The
secretary is prohibited from requesting or implementing a waiver or
program from the United States department of agriculture for the
time limited assistance provisions for able-bodied adults aged 18
through
49
64
without dependents
under 14 years of age
in a household under the food assistance program. The time on food
assistance for able-bodied adults aged 18 through
49
64
without dependents
under 14 years of age
in the household shall be limited to three months in a 36-month
period if such adults are not meeting the requirements imposed by
the United States department of agriculture that they must work for
at least 20 hours per week or participate in a federally approved
work program or its equivalent.
No exemption from such time-limited assistance shall be granted for
homeless individuals, veterans or individuals who are 24 years of
age or younger and who were in foster care on the date of attaining
18 years of age or such higher age as the state has elected under 42
U.S.C. § 675(8)(B)(iii).
(3) The Kansas department for children and families shall assign all individuals subject to the requirements established under 7 U.S.C. § 2015(d)(1) to an employment and training program as defined in 7 U.S.C. § 2015(d)(4). The provisions of this paragraph shall only apply to:
(A) Able-bodied
adults aged 18 through
49
64
without dependents
under 14 years of age;
(B) work registrants aged 50 through 59 without dependents not exempt from 7 U.S.C. § 2015(d)(2); and
(C) individuals who are not employed at least 30 hours per week.
(4) No federal or state funds shall be used for television, radio or billboard advertisements that are designed to promote food assistance benefits and enrollment. No federal or state funding shall be used for any agreements with foreign governments designed to promote food assistance.
(d) Child care subsidy program. (1) The secretary shall adopt rules and regulations for:
(A) Determining eligibility for the child care subsidy program, including an income of a cohabiting partner in a child care household; and
(B) determining and maintaining eligibility for non-TANF child care, requiring that all included adults shall be employed a minimum of 20 hours per week or more as defined by the secretary or meet the following specific qualifying exemptions:
(i) Adults who are not capable of meeting the requirement due to a documented physical or mental condition;
(ii) adults who are former TANF recipients who need child care for employment after their TANF case has closed and earned income is a factor in the closure in the two months immediately following TANF closure;
(iii) adult parents included in a case in which the only child receiving benefits is the child of a minor parent who is working on completion of high school or obtaining a GED;
(iv) adults who are participants in a food assistance employment and training program;
(v) adults who are participants in an early head start child care partnership program and are working or in school or training; or
(vi) adults who are caretakers of a child in custody of the secretary in out-of-home placement needing child care.
(2) (A) The Kansas department for children and families shall provide child care for the pursuit of any degree or certification if the occupation has at least an average job outlook listed in the occupational outlook of the United States department of labor, bureau of labor statistics.
(B) For occupations with less than an average job outlook, educational plans shall require approval of the secretary or secretary's designee.
(C) Child care may also be approved if the student provides verification of a specific job offer that will be available to such student upon completion of the program.
(D) Child care for post-secondary education shall be allowed for a lifetime maximum of 24 months per adult. The 24 months does not have to be consecutive.
(E) Students shall be engaged in paid employment for a minimum of 15 hours per week.
(F) In a two-parent adult household, child care would not be allowed if both parents are adults and attending a formal education or training program at the same time. The household may choose which one of the parents is participating as a post-secondary student. The other parent shall meet another approvable criteria for child care subsidy.
(3) (A) The period of ineligibility for child care subsidy based on parents' non-cooperation, as defined in K.S.A. 39-702, and amendments thereto, with child support services shall be as follows, for a:
(i) First penalty, three months and cooperation with child support services prior to regaining eligibility;
(ii) second penalty, six months and cooperation with child support services prior to regaining eligibility;
(iii) third penalty, one year and cooperation with child support services prior to regaining eligibility; and
(iv) fourth penalty, 10 years.
(B) The secretary, or the secretary's designee, shall review child support compliance of a parent:
(i) Upon application for child care subsidy;
(ii) after 12 months of continuous eligibility for child care subsidy; and
(iii) following such 12 months of continuous eligibility when the secretary renews or redetermines a parent's eligibility for child care subsidy.
(e) Fraud investigations. (1) The Kansas department for children and families shall conduct an electronic check for any false information provided on an application for TANF and other benefits programs administered by the department. For TANF, food assistance and the child care subsidy program, the department shall verify the identity of all adults in the assistance household.
(2) (A) Any individual who is found to have committed fraud or is found guilty of the crime of theft pursuant to K.S.A. 21-5801 and 39-720, and amendments thereto, in either the TANF or child care program shall render all adults in the family unit ineligible for TANF.
(B) Adults in the household who have been determined to have committed fraud or were convicted of the crime of theft pursuant to K.S.A. 21-5801 and 39-720, and amendments thereto, shall render themselves and all adult household members ineligible for their lifetime for TANF, even if fraud was committed in only one program.
(C) Households who have been determined to have committed fraud or were convicted of the crime of theft pursuant to K.S.A. 21-5801 and 39-720, and amendments thereto, shall be required to name a protective payee as approved by the secretary or the secretary's designee to administer TANF benefits or food assistance on behalf of the children. No adult in a household may have access to the TANF benefit.
(3) Any individual who has failed to cooperate with a fraud investigation shall be ineligible to participate in the TANF program and the child care subsidy program until the Kansas department for children and families determines that such individual is cooperating with the fraud investigation.
(4) The Kansas department for children and families shall maintain a sufficient level of fraud investigative staff to enable the department to conduct fraud investigations in a timely manner and in full accordance with state law and department rules and regulations or policies.
(f) Drug screenings and convictions. (1) (A) A program of drug screening for applicants for cash assistance as a condition of eligibility for cash assistance and persons receiving cash assistance as a condition of continued receipt of cash assistance shall be established, subject to applicable federal law, by the secretary on and before January 1, 2014. Under such program of drug screening, the secretary shall order a drug screening of an applicant for or a recipient of cash assistance at any time when reasonable suspicion exists that such applicant for or recipient of cash assistance is unlawfully using a controlled substance or controlled substance analog. The secretary may use any information obtained by the secretary to determine whether such reasonable suspicion exists, including, but not limited to, an applicant's or recipient's demeanor, missed appointments and arrest or other police records, previous employment or application for employment in an occupation or industry that regularly conducts drug screening, termination from previous employment due to unlawful use of a controlled substance or controlled substance analog or prior drug screening records of the applicant or recipient indicating unlawful use of a controlled substance or controlled substance analog.
(B) Any applicant for or recipient of cash assistance whose drug screening results in a positive test may request that the drug screening specimen be sent to a different drug testing facility for an additional drug screening. Any applicant for or recipient of cash assistance who requests an additional drug screening at a different drug testing facility shall be required to pay the cost of drug screening. Such applicant or recipient who took the additional drug screening and who tested negative for unlawful use of a controlled substance and controlled substance analog shall be reimbursed for the cost of such additional drug screening.
(C) Any applicant for or recipient of cash assistance who tests positive for unlawful use of a controlled substance or controlled substance analog shall be required to complete a substance abuse treatment program approved by the secretary, secretary of labor or secretary of commerce, and a job skills program approved by the secretary, secretary of labor or secretary of commerce.
(D) Subject to applicable federal laws, any applicant for or recipient of cash assistance who fails to complete or refuses to participate in the substance abuse treatment program or job skills program as required under this subsection shall be ineligible to receive cash assistance until completion of such substance abuse treatment and job skills programs.
(E) Upon completion of both substance abuse treatment and job skills programs, such applicant for or recipient of cash assistance may be subject to periodic drug screening, as determined by the secretary.
(F) Upon a second positive test for unlawful use of a controlled substance or controlled substance analog, a recipient of cash assistance shall be ordered to complete again a substance abuse treatment program and job skills program, and shall be terminated from cash assistance for a period of 12 months, or until such recipient of cash assistance completes both substance abuse treatment and job skills programs, whichever is later.
(G) Upon a third positive test for unlawful use of a controlled substance or controlled substance analog, a recipient of cash assistance shall be terminated from cash assistance, subject to applicable federal law.
(H) Except for hearings before the Kansas department for children and families, the results of any drug screening administered as part of the drug screening program authorized by this subsection shall be confidential and shall not be disclosed publicly.
(2) (A) If an applicant for or recipient of cash assistance is ineligible for or terminated from cash assistance as a result of a positive test for unlawful use of a controlled substance or controlled substance analog, and such applicant for or recipient of cash assistance is the parent or legal guardian of a minor child, an appropriate protective payee shall be designated to receive cash assistance on behalf of such child. Such parent or legal guardian of the minor child may choose to designate an individual to receive cash assistance for such parent's or legal guardian's minor child, as approved by the secretary. Prior to the designated individual receiving any cash assistance, the secretary shall review whether reasonable suspicion exists that such designated individual is unlawfully using a controlled substance or controlled substance analog.
(B) In addition, any individual designated to receive cash assistance on behalf of an eligible minor child shall be subject to drug screening at any time when reasonable suspicion exists that such designated individual is unlawfully using a controlled substance or controlled substance analog. The secretary may use any information obtained by the secretary to determine whether such reasonable suspicion exists, including, but not limited to, the designated individual's demeanor, missed appointments and arrest or other police records, previous employment or application for employment in an occupation or industry that regularly conducts drug screening, termination from previous employment due to unlawful use of a controlled substance or controlled substance analog or prior drug screening records of the designated individual indicating unlawful use of a controlled substance or controlled substance analog.
(C) Any designated individual whose drug screening results in a positive test may request that the drug screening specimen be sent to a different drug testing facility for an additional drug screening. Any designated individual who requests an additional drug screening at a different drug testing facility shall be required to pay the cost of drug screening. Such designated individual who took the additional drug screening and who tested negative for unlawful use of a controlled substance and controlled substance analog shall be reimbursed for the cost of such additional drug screening.
(D) Upon any positive test for unlawful use of a controlled substance or controlled substance analog, the designated individual shall not receive cash assistance on behalf of the parent's or legal guardian's minor child, and another designated individual shall be selected by the secretary to receive cash assistance on behalf of such parent's or legal guardian's minor child.
(3) If a person has been convicted under federal or state law of any offense that is classified as a felony by the law of the jurisdiction and has as an element of such offense the manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog, and the date of conviction is on or after July 1, 2013, such person shall thereby become forever ineligible to receive any cash assistance under this subsection unless such conviction is the person's first conviction. First-time offenders convicted under federal or state law of any offense that is classified as a felony by the law of the jurisdiction and has as an element of such offense the manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog, and the date of conviction is on or after July 1, 2013, such person shall become ineligible to receive cash assistance for five years from the date of conviction.
(4) (A) Food assistance shall not be provided to any person convicted of a felony offense occurring on or after July 1, 2015, that includes as an element of such offense the manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog. For food assistance, the individual shall be permanently disqualified if such individual has been convicted of a state or federal felony offense occurring on or after July 1, 2015, involving possession or use of a controlled substance or controlled substance analog.
(B) (i) Notwithstanding the provisions of subparagraph (A), an individual shall be eligible for food assistance if the individual enrolls in and participates in a drug treatment program approved by the secretary, submits to and passes a drug test and agrees to submit to drug testing if requested by the department pursuant to a drug testing plan.
(ii) An individual's failure to submit to testing or failure to successfully pass a drug test shall result in ineligibility for food assistance until a drug test is successfully passed.
(iii) Failure to successfully complete a drug treatment program shall result in ineligibility for food assistance until a drug treatment plan approved by the secretary is successfully completed, the individual passes a drug test and agrees to submit to drug testing if requested by the department pursuant to a drug testing plan.
(C) The provisions of subparagraph (B) shall not apply to any individual who has been convicted for a second or subsequent felony offense as provided in subparagraph (A).
(5) The secretary may adopt such rules and regulations as are necessary to carry out the provisions of this subsection.
(6) Any authority granted to the secretary under this subsection shall be in addition to any other penalties prescribed by law.
(7) As used in this subsection:
(A) "Cash assistance" means cash assistance provided to individuals under the provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations adopted pursuant to such provisions.
(B) "Controlled substance" means the same as defined in K.S.A. 21-5701, and amendments thereto, and 21 U.S.C. § 802.
(C) "Controlled substance analog" means the same as defined in K.S.A. 21-5701, and amendments thereto.
(g) Assignment of support rights and limited power of attorney. (1) By applying for or receiving TANF such applicant or recipient shall be deemed to have assigned to the secretary on behalf of the state any accrued, present or future rights to support from any other person such applicant may have in such person's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid. In any case in which an order for child support has been established and the legal custodian and obligee under the order surrenders physical custody of the child to a caretaker relative without obtaining a modification of legal custody and support rights on behalf of the child are assigned pursuant to this section, the surrender of physical custody and the assignment shall transfer, by operation of law, the child's support rights under the order to the secretary on behalf of the state. Such assignment shall be of all accrued, present or future rights to support of the child surrendered to the caretaker relative. The assignment of support rights shall automatically become effective upon the date of approval for or receipt of such aid without the requirement that any document be signed by the applicant, recipient or obligee. By applying for or receiving temporary assistance for needy families, or by surrendering physical custody of a child to a caretaker relative who is an applicant or recipient of such assistance on the child's behalf, the applicant, recipient or obligee is also deemed to have appointed the secretary, or the secretary's designee, as an attorney-in-fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments representing support payments received by the secretary in behalf of any person applying for, receiving or having received such assistance. This limited power of attorney shall be effective from the date the secretary approves the application for aid and shall remain in effect until the assignment of support rights has been terminated in full.
(2) If the applicant or recipient of TANF is a mother of the dependent child, as a condition of the mother's eligibility for TANF, the mother shall identify by name and, if known, by current address the father of the dependent child except that the secretary may adopt by rules and regulations exceptions to this requirement in cases of undue hardship. Any recipient of TANF who fails to cooperate with requirements relating to child support services under criteria and guidelines prescribed by rules and regulations of the secretary shall be subject to a penalty established by the secretary.
(3) In any case in which the secretary pays for the expenses of care and custody of a child pursuant to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto, including the expenses of any foster care placement, an assignment of all past, present and future support rights of the child in custody possessed by either parent or other person entitled to receive support payments for the child is, by operation of law, conveyed to the secretary. Such assignment shall become effective upon placement of a child in the custody of the secretary or upon payment of the expenses of care and custody of a child by the secretary without the requirement that any document be signed by the parent or other person entitled to receive support payments for the child. When the secretary pays for the expenses of care and custody of a child or a child is placed in the custody of the secretary, the parent or other person entitled to receive support payments for the child is also deemed to have appointed the secretary, or the secretary's designee, as attorney in fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments representing support payments received by the secretary on behalf of the child. This limited power of attorney shall be effective from the date the assignment to support rights becomes effective and shall remain in effect until the assignment of support rights has been terminated in full.
(4) By applying for or receiving child care subsidy or food assistance, the applicant or recipient shall be deemed to have assigned, pursuant to K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the state only accrued, present or future rights to support from any other person such applicant may have in such person's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid. The assignment of support rights shall automatically become effective upon the date of approval for or receipt of such aid without the requirement that any document be signed by the applicant or recipient. By applying for or receiving child care subsidy or food assistance, the applicant or recipient is also deemed to have appointed the secretary, or the secretary's designee, as an attorney in fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments representing support payments received by the secretary in behalf of any person applying for, receiving or having received such assistance. This limited power of attorney shall be effective from the date the secretary approves the application for aid and shall remain in effect until the assignment of support rights has been terminated in full. An applicant or recipient who has assigned support rights to the secretary pursuant to this subsection shall cooperate in establishing and enforcing support obligations to the same extent required of applicants for or recipients of TANF.
(h) Electronic benefits card. (1) The secretary shall place a photograph of the recipient, if agreed to by such recipient of public assistance, on any Kansas benefits card issued by the Kansas department for children and families that the recipient uses in obtaining food, cash or any other services. When a recipient of public assistance is a minor or otherwise incapacitated individual, a parent or legal guardian of such recipient may have a photograph of such parent or legal guardian placed on the card.
(2) Any Kansas benefits card with a photograph of a recipient shall be valid for voting purposes as a public assistance identification card in accordance with the provisions of K.S.A. 25-2908, and amendments thereto.
(3) The Kansas department for children and families shall monitor all recipient requests for a Kansas benefits card replacement and, upon the fourth such request in a 12-month period, send a notice alerting the recipient that the recipient's account is being monitored for potential suspicious activity. If a recipient makes an additional request for replacement subsequent to such notice, the department shall refer the investigation to the department's fraud investigation unit.
(4) As used in this subsection, "Kansas benefits card" means any card issued to provide food assistance, TANF or child care assistance, including, but not limited to, the vision card, EBT card and Kansas benefits card.
(i) Requirements for medical assistance for which federal moneys or state moneys or both are expended. (1) When the secretary has adopted a medical care plan under which federal moneys or state moneys or both are expended, medical assistance in accordance with such plan shall be granted to any person who is a citizen of the United States or who is an alien lawfully admitted to the United States and who is residing in the state of Kansas, whose resources and income do not exceed the levels prescribed by the secretary. In determining the need of an individual, the secretary may provide for income and resource exemptions and protected income and resource levels. Resources from inheritance shall be counted. A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and amendments thereto, shall constitute a transfer of resources. The secretary shall exempt principal and interest held in irrevocable trust pursuant to K.S.A. 16-303(c), and amendments thereto, from the eligibility requirements of applicants for and recipients of medical assistance. Such assistance shall be known as medical assistance.
(2) For the purposes of medical assistance eligibility determinations on or after July 1, 2004, if an applicant or recipient owns property in joint tenancy with some other party and the applicant or recipient of medical assistance has restricted or conditioned their interest in such property to a specific and discrete property interest less than 100%, then such designation will cause the full value of the property to be considered an available resource to the applicant or recipient. Medical assistance eligibility for receipt of benefits under the title XIX of the social security act, commonly known as medicaid, shall not be expanded, as provided for in the patient protection and affordable care act, public law 111-148, 124 stat. 119, and the health care and education reconciliation act of 2010, public law 111-152, 124 stat. 1029, unless the legislature expressly consents to, and approves of, the expansion of medicaid services by an act of the legislature.
(3) (A) Resources from trusts shall be considered when determining eligibility of a trust beneficiary for medical assistance. Medical assistance is to be secondary to all resources, including trusts, that may be available to an applicant or recipient of medical assistance.
(B) If a trust has discretionary language, the trust shall be considered to be an available resource to the extent, using the full extent of discretion, the trustee may make any of the income or principal available to the applicant or recipient of medical assistance. Any such discretionary trust shall be considered an available resource unless:
(i) At the time of creation or amendment of the trust, the trust states a clear intent that the trust is supplemental to public assistance; and
(ii) the trust is funded:
(a) From resources of a person who, at the time of such funding, owed no duty of support to the applicant or recipient of medical assistance; or
(b) not more than nominally from resources of a person while that person owed a duty of support to the applicant or recipient of medical assistance.
(C) For the purposes of this paragraph, "public assistance" includes, but is not limited to, medicaid, medical assistance or title XIX of the social security act.
(4) (A) When an applicant or recipient of medical assistance is a party to a contract, agreement or accord for personal services being provided by a nonlicensed individual or provider and such contract, agreement or accord involves health and welfare monitoring, pharmacy assistance, case management, communication with medical, health or other professionals, or other activities related to home health care, long term care, medical assistance benefits, or other related issues, any moneys paid under such contract, agreement or accord shall be considered to be an available resource unless the following restrictions are met:
(i) The contract, agreement or accord must be in writing and executed prior to any services being provided;
(ii) the moneys paid are in direct relationship with the fair market value of such services being provided by similarly situated and trained nonlicensed individuals;
(iii) if no similarly situated nonlicensed individuals or situations can be found, the value of services will be based on federal hourly minimum wage standards;
(iv) such individual providing the services shall report all receipts of moneys as income to the appropriate state and federal governmental revenue agencies;
(v) any amounts due under such contract, agreement or accord shall be paid after the services are rendered;
(vi) the applicant or recipient shall have the power to revoke the contract, agreement or accord; and
(vii) upon the death of the applicant or recipient, the contract, agreement or accord ceases.
(B) When an applicant or recipient of medical assistance is a party to a written contract for personal services being provided by a licensed health professional or facility and such contract involves health and welfare monitoring, pharmacy assistance, case management, communication with medical, health or other professionals, or other activities related to home health care, long term care, medical assistance benefits or other related issues, any moneys paid in advance of receipt of services for such contracts shall be considered to be an available resource.
(5) Any trust may be amended if such amendment is permitted by the Kansas uniform trust code.
(6) On and after January 1, 2027:
(A) Retroactive enrollment in the medical assistance program shall be limited to the two months prior to the month in which the recipient makes an application for assistance; and
(B) eligibility of an individual enrolled in the medical assistance program shall be verified against a death master file on a quarterly basis to ensure that deceased individuals are not enrolled. Upon confirmation of the death of an individual, enrollment in the medical assistance program shall be terminated immediately.
(j) Eligibility for medical assistance of resident receiving medical care outside state. A person who is receiving medical care including long-term care outside of Kansas whose health would be endangered by the postponement of medical care until return to the state or by travel to return to Kansas, may be determined eligible for medical assistance if such individual is a resident of Kansas and all other eligibility factors are met. Persons who are receiving medical care on an ongoing basis in a long-term medical care facility in a state other than Kansas and who do not return to a care facility in Kansas when they are able to do so, shall no longer be eligible to receive assistance in Kansas unless such medical care is not available in a comparable facility or program providing such medical care in Kansas. For persons who are minors or who are under guardianship, the actions of the parent or guardian shall be deemed to be the actions of the child or ward in determining whether or not the person is remaining outside the state voluntarily.
(k) Medical assistance; assignment of rights to medical support and limited power of attorney; recovery from estates of deceased recipients. (1) (A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and amendments thereto, or as otherwise authorized on and after September 30, 1989, under section 303 of the federal medicare catastrophic coverage act of 1988, whichever is applicable, by applying for or receiving medical assistance under a medical care plan in which federal funds are expended, any accrued, present or future rights to support and any rights to payment for medical care from a third party of an applicant or recipient and any other family member for whom the applicant is applying shall be deemed to have been assigned to the secretary on behalf of the state. The assignment shall automatically become effective upon the date of approval for such assistance without the requirement that any document be signed by the applicant or recipient. By applying for or receiving medical assistance the applicant or recipient is also deemed to have appointed the secretary, or the secretary's designee, as an attorney-in-fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments, representing payments received by the secretary in on behalf of any person applying for, receiving or having received such assistance. This limited power of attorney shall be effective from the date the secretary approves the application for assistance and shall remain in effect until the assignment has been terminated in full. The assignment of any rights to payment for medical care from a third party under this subsection shall not prohibit a health care provider from directly billing an insurance carrier for services rendered if the provider has not submitted a claim covering such services to the secretary for payment. Support amounts collected on behalf of persons whose rights to support are assigned to the secretary only under this subsection and no other shall be distributed pursuant to K.S.A. 39-756(d), and amendments thereto, except that any amounts designated as medical support shall be retained by the secretary for repayment of the unreimbursed portion of assistance. Amounts collected pursuant to the assignment of rights to payment for medical care from a third party shall also be retained by the secretary for repayment of the unreimbursed portion of assistance.
(B) Notwithstanding the provisions of subparagraph (A), the secretary of health and environment, or the secretary's designee, is hereby authorized to and shall exercise any of the powers specified in subparagraph (A) in relation to performance of such secretary's duties pertaining to medical subrogation, estate recovery or any other duties assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(2) The amount of any medical assistance paid after June 30, 1992, under the provisions of subsection (i) is a claim against the property or any interest therein belonging to and a part of the estate of any deceased recipient or, if there is no estate, the estate of the surviving spouse, if any, shall be charged for such medical assistance paid to either or both and a claim against any funds of such recipient or spouse in any account under K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall be no recovery of medical assistance correctly paid to or on behalf of an individual under subsection (i) except after the death of the surviving spouse of the individual, if any, and only at a time when the individual has no surviving child who is under 21 years of age or is blind or permanently and totally disabled. Transfers of real or personal property by recipients of medical assistance without adequate consideration are voidable and may be set aside. Except where there is a surviving spouse, or a surviving child who is under 21 years of age or is blind or permanently and totally disabled, the amount of any medical assistance paid under subsection (i) is a claim against the estate in any guardianship or conservatorship proceeding. The monetary value of any benefits received by the recipient of such medical assistance under long-term care insurance, as defined by K.S.A. 40-2227, and amendments thereto, shall be a credit against the amount of the claim provided for such medical assistance under this subsection. The secretary of health and environment is authorized to enforce each claim provided for under this subsection. The secretary of health and environment shall not be required to pursue every claim, but is granted discretion to determine which claims to pursue. All moneys received by the secretary of health and environment from claims under this subsection shall be deposited in the social welfare fund. The secretary of health and environment may adopt rules and regulations for the implementation and administration of the medical assistance recovery program under this subsection.
(3) By applying for or receiving medical assistance under the provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, such individual or such individual's agent, fiduciary, guardian, conservator, representative payee or other person acting on behalf of the individual consents to the following definitions of estate and the results therefrom:
(A) If an individual receives any medical assistance before July 1, 2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, which forms the basis for a claim under paragraph (2), such claim is limited to the individual's probatable estate as defined by applicable law; and
(B) if an individual receives any medical assistance on or after July 1, 2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, which forms the basis for a claim under paragraph (2), such claim shall apply to the individual's medical assistance estate. The medical assistance estate is defined as including all real and personal property and other assets in which the deceased individual had any legal title or interest immediately before or at the time of death to the extent of that interest or title. The medical assistance estate includes without limitation, assets conveyed to a survivor, heir or assign of the deceased recipient through joint tenancy, tenancy in common, survivorship, transfer-on-death deed, payable-on-death contract, life estate, trust, annuities or similar arrangement.
(4) The secretary of health and environment or the secretary's designee is authorized to file and enforce a lien against the real property of a recipient of medical assistance in certain situations, subject to all prior liens of record and transfers for value to a bona fide purchaser of record. The lien must be filed in the office of the register of deeds of the county where the real property is located within one year from the date of death of the recipient and must contain the legal description of all real property in the county subject to the lien.
(A) After the death of a recipient of medical assistance, the secretary of health and environment or the secretary's designee may place a lien on any interest in real property owned by such recipient.
(B) The secretary of health and environment or the secretary's designee may place a lien on any interest in real property owned by a recipient of medical assistance during the lifetime of such recipient. Such lien may be filed only after notice and an opportunity for a hearing has been given. Such lien may be enforced only upon competent medical testimony that the recipient cannot reasonably be expected to be discharged and returned home. A six-month period of compensated inpatient care at a nursing home or other medical institution shall constitute a determination by the department of health and environment that the recipient cannot reasonably be expected to be discharged and returned home. To return home means the recipient leaves the nursing or medical facility and resides in the home on which the lien has been placed for a continuous period of at least 90 days without being readmitted as an inpatient to a nursing or medical facility. The amount of the lien shall be for the amount of assistance paid by the department of health and environment until the time of the filing of the lien and for any amount paid thereafter for such medical assistance to the recipient. After the lien is filed against any real property owned by the recipient, such lien will be dissolved if the recipient is discharged, returns home and resides upon the real property to which the lien is attached for a continuous period of at least 90 days without being readmitted as an inpatient to a nursing or medical facility. If the recipient is readmitted as an inpatient to a nursing or medical facility for a continuous period of less than 90 days, another continuous period of at least 90 days shall be completed prior to dissolution of the lien.
(5) The lien filed by the secretary of health and environment or the secretary's designee for medical assistance correctly received may be enforced before or after the death of the recipient by the filing of an action to foreclose such lien in the Kansas district court or through an estate probate court action in the county where the real property of the recipient is located. However, it may be enforced only:
(A) After the death of the surviving spouse of the recipient;
(B) when there is no child of the recipient, natural or adopted, who is 20 years of age or less residing in the home;
(C) when there is no adult child of the recipient, natural or adopted, who is blind or disabled residing in the home; or
(D) when no brother or sister of the recipient is lawfully residing in the home, who has resided there for at least one year immediately before the date of the recipient's admission to the nursing or medical facility, and has resided there on a continuous basis since that time.
(6) The lien remains on the property even after a transfer of the title by conveyance, sale, succession, inheritance or will unless one of the following events occur:
(A) The lien is satisfied. The recipient, the heirs, personal representative or assigns of the recipient may discharge such lien at any time by paying the amount of the lien to the secretary of health and environment or the secretary's designee;
(B) the lien is terminated by foreclosure of prior lien of record or settlement action taken in lieu of foreclosure; or
(C) the value of the real property is consumed by the lien, at which time the secretary of health and environment or the secretary's designee may force the sale for the real property to satisfy the lien.
(7) If the secretary for aging and disability services or the secretary of health and environment, or both, or such secretary's designee has not filed an action to foreclose the lien in the Kansas district court in the county where the real property is located within 10 years from the date of the filing of the lien, then the lien shall become dormant, and shall cease to operate as a lien on the real estate of the recipient. Such dormant lien may be revived in the same manner as a dormant judgment lien is revived under K.S.A. 60-2403 et seq., and amendments thereto.
(8) Within seven days of receipt of notice by the secretary or the secretary's designee of the death of a recipient of medical assistance under this subsection, the secretary or the secretary's designee shall give notice of such recipient's death to the secretary of health and environment or the secretary's designee.
(9) All rules and regulations adopted on and after July 1, 2013, and prior to July 1, 2014, to implement this subsection shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of health and environment until revised, amended, revoked or nullified pursuant to law.
Sec. 6. K.S.A. 2025 Supp. 39-709 is hereby repealed.";
Also on page 2, in line 13, by striking "Kansas register" and inserting "statute book";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "the"; by striking all in lines 2 through 8; in line 9, by striking all before the period and inserting "department of health and environment in coordination with the Kansas department for aging and disability services to seek federal approval to establish continuous medicaid eligibility for certain individuals with intellectual or developmental disabilities who are receiving services through a home and community based services waiver; requiring the secretary for children and families and the secretary of health and environment to enter into data-matching agreements with state agencies to verify eligibility for food and medical assistance; directing the department of health and environment to submit certain data to the centers for medicare and medicaid services; prohibiting certain public assistance program waivers or exemptions without legislative approval; prohibiting self-attestation for purposes of determining eligibility for public assistance programs; limiting retroactive enrollment in the medical assistance program; requiring immediate termination of eligibility for medical assistance upon confirmation of death of the enrollee; increasing the age limit for able-bodied adults without certain dependents; prohibiting certain exemptions from work requirements under the food assistance program; amending K.S.A. 2025 Supp. 39-709 and repealing the existing section";
And your committee on conference recommends the adoption of this report.
Renee Erickson
Michael Murphy
Conferees on part of Senate
Francis Awerkamp
Dale Helwig
Conferees on part of House
On motion of Rep. Awerkamp, the conference committee report on Sub Bill for HB 2731 was adopted.
On roll call, the vote was: Yeas 80; Nays 43; Present but not voting: 0; Absent or not voting: 2.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Delperdang, Droge, Ellis, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Wilson, Wolf.
Nays: Amyx, Ballard, Boatman, Borjon, Paige, Carlin, Carmichael, Carr, Collins, Curtis, Esau, Featherston, Haskins, Helgerson, Hoye, T. Johnson, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Roeser, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Sweely, Vaughn, Weigel, Wikle, Williams, L., Winn, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 84 submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on conference further agrees to amend the bill as printed with House Committee amendments, as follows:
On page 1, by striking all in lines 7 through 36;
On page 2, by striking all in lines 1 through 31; following line 31 by inserting:
"New Section 1. Sections 1 through 9, and amendments thereto, shall be known and may be cited as the supported decision-making agreements act.
New Sec. 2. As used in the supported decision-making agreements act, unless the context indicates otherwise:
(a) "Adult" means an individual who is 18 years of age or older.
(b) "Affairs" means decisions related to the following affairs of a principal:
(1) Monitoring health, obtaining, scheduling, implementing and coordinating health and support services, understanding healthcare information and options, providing for care and comfort, and other healthcare and personal matters in which the principal makes decisions about the principal's healthcare;
(2) managing income and assets and the use of income and assets for clothing, support, care, comfort, education, shelter and payment of other liabilities of the principal;
(3) handling personal, healthcare and financial matters that arise in the course of daily living;
(4) monitoring information about the principal's support services, including necessary or recommended future support services;
(5) living arrangements, including where and with whom the principal wants to live; and
(6) working arrangements, including where the principal wants to work.
(c) "Capacity" means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed decision.
(d) "Conservator" means a person appointed as a conservator under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 et seq., and amendments thereto, or a similar law of another state.
(e) "Decision" means a decision relating to the affairs of a principal.
(f) "Decision-making assistance" means the decision-making assistance described in section 7, and amendments thereto.
(g) "Good faith" means honesty in fact and the observance of reasonable standards of fair dealing.
(h) "Guardian" means a person appointed as a guardian under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 et seq., and amendments thereto, or a similar law of another state.
(i) "Immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild or stepsibling.
(j) "Person" means an individual, healthcare institution, healthcare provider, corporation, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency, governmental instrumentality, public corporation, or another legal or commercial entity.
(k) "Principal" means an adult who enters into a supported decision-making agreement under the supported decision-making agreements act to receive decision-making assistance.
(l) "Support services" means the following services:
(1) House repair, home cleaning, laundry, shopping and providing meals;
(2) transportation, accompanying a principal and facilitating a principal's written, oral and electronic communication;
(3) nurse visitations and attendant care;
(4) provision of healthcare;
(5) physical and psychosocial assessments;
(6) financial assessments and advice on banking, taxes, loans, investments and management of real property;
(7) legal assessments and advice;
(8) education and educational assessments and advice;
(9) assistance with bathing, dressing, eating, range of motion, toileting, transferring, ambulation and other direct assistance with the activities of daily living;
(10) care planning; and
(11) services that assist in maintaining the independence of a principal.
(m) "Supported decision-making agreement" means an agreement authorized under section 3, and amendments thereto.
(n) "Supporter" means an adult who enters into a supported decision-making agreement under the supported decision-making agreements act and provides decision-making assistance.
New Sec. 3. (a) Except as provided in subsections (b) and (c), an adult may enter into a supported decision-making agreement. A supported decision-making agreement allows an adult to receive decision-making assistance with the adult's affairs from one or more other adults.
(b) The adult wanting to receive decision-making assistance shall not enter into a supported decision-making agreement unless the adult:
(1) Enters into the agreement voluntarily and without coercion or undue influence; and
(2) understands the nature and effect of the agreement.
(c) An adult shall not enter into a supported decision-making agreement if the agreement encroaches on the authority of a guardian or conservator of the adult, unless the guardian or conservator approves in writing the adult entering into the supported decision-making agreement.
(d) A supporter shall be an adult, but shall not be a person against whom a protective order or restraining order has been entered by a court on request of or on behalf of the principal.
New Sec. 4. (a) A supported decision-making agreement shall:
(1) Name one or more adults to provide a principal with decision-making assistance;
(2) describe the decision-making assistance that each person acting as a supporter may provide the principal; and
(3) contain a notice to third parties that summarizes the rights and obligations of the supporter under the supported decision-making agreements act and expressly identifies sections 1 through 9, and amendments thereto.
(b) A supported decision-making agreement may:
(1) Name an alternate supporter to act in the place of a supporter and the circumstances under which the alternate supporter may act;
(2) authorize a supporter to share information with another supporter named in the agreement, including an alternate supporter.
(c) A supported decision-making agreement shall contain a separate declaration by each supporter, including an alternate supporter, that states the supporter's relationship with the principal, states the willingness of the supporter to act as a supporter for the principal and indicates that the supporter acknowledges the duties of a supporter under the supported decision-making agreements act. Each declaration shall be signed by the supporter making the declaration.
New Sec. 5. (a) A supported decision-making agreement shall be valid if:
(1) The agreement is dated and in writing;
(2) the agreement satisfies the requirements of sections 3 and 4, and amendments thereto;
(3) the agreement has been signed by the principal and each named supporter, including any alternate supporter, under penalty of perjury; and
(4) when the principal has a guardian or conservator, the principal has notified the guardian or conservator of the agreement.
(b) A supported decision-making agreement shall be substantially in compliance with the form set forth by the judicial council. The judicial council shall develop a form for use under the supported decision-making agreements act.
New Sec. 6. (a) A supported decision-making agreement may indicate the date it becomes effective and its duration. If the agreement does not indicate the date it becomes effective, the agreement becomes effective immediately. If the agreement does not indicate its duration, the agreement remains effective until terminated under this section.
(b) A principal may, at any time, terminate all or a portion of a supported decision-making agreement. A supporter may, at any time, terminate all or a portion of the supporter's obligations under a supported decision-making agreement, including the declaration of support described in section 4, and amendments thereto.
(c) A termination under this section shall be dated and in writing, and a termination becomes effective immediately upon execution. The termination shall be signed by the terminating party.
(d) If the principal who entered the supported decision-making agreement becomes incapacitated, the agreement shall be terminated. A third party is not liable or subject to a penalty for providing information to a supporter after incapacity unless or until the third party has actual knowledge that the principal is incapacitated or the agreement has been terminated.
(e) A principal or supporter terminating all or a portion of a supported decision-making agreement shall notify the other party to the agreement that the agreement has been terminated. Notice shall be given in person, by certified mail or by electronic means. Lack of notice does not invalidate termination.
(f) If a portion of a supported decision-making agreement is terminated under this section and the termination is consistent with this section, the remainder of the agreement remains in effect.
New Sec. 7. (a) A supporter owes the principal a fiduciary duty to act in accordance with the supported decision-making agreement.
(b) Except as limited by a supported decision-making agreement, a supporter may provide to a principal the following decision-making assistance about the principal's affairs:
(1) Assisting with making decisions, communicating decisions, and understanding information about, options for, the responsibilities of, and the consequences of decisions;
(2) accessing, obtaining, and understanding information that is relevant to decisions necessary for the principal to manage the principal's affairs, including medical, psychological, financial and educational information, medical treatment records and other records;
(3) ascertaining the wishes and decisions of the principal, assisting in communicating those wishes and decisions to other persons, and advocating to ensure the implementation of the principal's wishes and decisions; and
(4) accompanying the principal and participating in discussions with other persons when the principal is making decisions or attempting to obtain information for decisions.
(c) Accessing or obtaining financial information is defined as the ability to view, retrieve or obtain copies of account-related documents, including transaction histories, balance statements and other financial records associated with an account. Accessing or obtaining financial information does not include access to online banking accounts.
(d) Under subsection (b), a supporter may use the principal's dated consent to assist the principal in obtaining protected health information under the health insurance portability and accountability act of 1996 (public law 104-191) or educational records under the family educational rights and privacy act of 1974, 20 U.S.C. § 1232g.
(e) A supporter shall not:
(1) Exert undue influence on the principal;
(2) make decisions for or on behalf of the principal;
(3) sign for the principal or provide an electronic signature of the principal to a third party;
(4) obtain, without the consent of the principal, information that is not reasonably related to matters with which the supporter may assist the principal under the supported decision-making agreement; or
(5) use, without the consent of the principal, information acquired for a purpose authorized by the supported decision-making agreement for a purpose other than assisting the principal to make a decision under the supported decision-making agreement.
(f) A supporter who collects information on behalf of the principal under the supported decision-making agreement shall:
(1) Keep the information confidential;
(2) not use the information for a use that is not authorized by the principal;
(3) protect the information from unauthorized access, use or disclosure; and
(4) dispose of the information properly when appropriate.
(g) A supporter acting in good faith in accordance with the provisions of this act shall not be liable to either the principal or any third party for any injuries, damages or other losses arising from a decision made by a principal in which the supporter assisted the principal or was otherwise involved.
New Sec. 8. (a) A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter under the supported decision-making agreements act as the decision or request of the principal for the purposes of a provision of law.
(b) A person who, in good faith, either acts in reliance on an authorization in a supported decision-making agreement or declines to honor an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) Complying with an authorization in a supported decision-making agreement, if the person is complying based on an assumption that the underlying supported decision-making agreement was valid when made and has not been terminated;
(2) declining to comply with an authorization in a supported decision-making agreement if the person is declining based on actual knowledge that the supported decision-making agreement is unauthorized because:
(A) The financial institution cannot in good faith comply with the limitations set forth in the agreement; or
(B) the person makes or has actual knowledge that another person has made a report under K.S.A. 39-1402 or 39-1431, and amendments thereto, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the supporter; or
(3) declining to comply with an authorization related to healthcare in a supported decision-making agreement, if the person is declining because the action proposed to be taken under the supported decision-making agreement is contrary to the good faith medical judgment of the person or to a written policy of a healthcare institution that is based on reasons of conscience.
New Sec. 9. (a) An adult who enters into a supported decision-making agreement may act without the decision-making assistance of the supporter.
(b) The execution of a supported decision-making agreement shall not constitute evidence that the principal does not have capacity.
(c) In the application of the supported decision-making agreements act:
(1) All adults are assumed to have capacity to manage their affairs as defined in section 2(b) and (c), and amendments thereto;
(2) the act does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement;
(3) the manner in which the principal communicates with others is not grounds for deciding that such principal is incapable of managing such principal's affairs; and
(4) execution of a supported decision-making agreement may not be used as evidence for the petition or appointment of a guardianship or conservatorship.
Sec. 10. K.S.A. 2025 Supp. 21-5417 is hereby amended to read as follows: 21-5417. (a) Mistreatment of a dependent adult or an elder person is knowingly committing one or more of the following acts:
(1) Infliction of physical injury, unreasonable confinement or unreasonable punishment upon a dependent adult or an elder person;
(2) taking the personal property or financial resources of a dependent adult or an elder person for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of a dependent adult or an elder person through:
(A) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult or elder person;
(B) a violation of the Kansas power of attorney act, K.S.A. 58-650 et seq., and amendments thereto;
(C) a
violation of the Kansas uniform trust code, K.S.A. 58a-101 et seq.,
and amendments thereto;
or
(D) a violation of the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto; or
(E) a violation of the supported decision-making agreements act, sections 1 through 9, and amendments thereto; or
(3) omission or deprivation of treatment, goods or services that are necessary to maintain physical or mental health of such dependent adult or elder person.
(b) Mistreatment of a dependent adult or an elder person as defined in:
(1) (A) Subsection (a)(1) is a severity level 5, person felony, except as provided in subsection (b)(1)(B);
(B) subsection (a)(1) is a severity level 2, person felony, when the victim is a dependent adult who is a resident of an adult care home, as described in subsection (e)(2)(A), during the commission of the offense;
(2) subsection (a)(2) if the aggregate amount of the value of the personal property or financial resources is:
(A) $1,000,000 or more is a severity level 2, person felony;
(B) at least $250,000 but less than $1,000,000 is a severity level 3, person felony;
(C) at least $100,000 but less than $250,000 is a severity level 4, person felony;
(D) at least $25,000 but less than $100,000 is a severity level 5, person felony;
(E) at least $1,500 but less than $25,000 is a severity level 7, person felony;
(F) less than $1,500 is a class A person misdemeanor, except as provided in subsection (b)(2)(G); and
(G) less than $1,500 and committed by a person who has, within five years immediately preceding commission of the crime, been convicted of a violation of this section two or more times is a severity level 7, person felony; and
(3) (A) subsection (a)(3) is a severity level 8, person felony, except as provided in subsection (b)(3)(B); and
(B) subsection (a)(3) is a severity level 5, person felony, when the victim is a dependent adult who is a resident of an adult care home, as described in subsection (e)(2)(A), during the commission of the offense.
(c) It shall be an affirmative defense to any prosecution for mistreatment of a dependent adult or an elder person as described in subsection (a)(2) that:
(1) The personal property or financial resources were given as a gift consistent with a pattern of gift giving to the person that existed before the dependent adult or elder person became vulnerable;
(2) the personal property or financial resources were given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the dependent adult or elder person became vulnerable;
(3) the personal property or financial resources were conferred as a gift by the dependent adult or elder person to the benefit of a person or class of persons, and such gift was reasonable under the circumstances; or
(4) a court approved the transaction before the transaction occurred.
(d) No dependent adult or elder person is considered to be mistreated under subsection (a)(1) or (a)(3) for the sole reason that such dependent adult or elder person relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult or elder person is a member or adherent.
(e) As used in this section:
(1) "Adequate consideration" means the personal property or financial resources were given to the person as payment for bona fide goods or services provided by such person and the payment was at a rate customary for similar goods or services in the community that the dependent adult or elder person resided in at the time of the transaction.
(2) "Dependent
adult" means an individual 18 years of age or older who is
unable to protect the individual's own interest.
Such term shall include
"Dependent adult" includes,
but is not limited to, any:
(A) Resident of an adult care home including, but not limited to, those facilities defined by K.S.A. 39-923, and amendments thereto;
(B) adult cared for in a private residence;
(C) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a medical care facility;
(D) individual with intellectual disability or a developmental disability receiving services through a community facility for people with intellectual disability or residential facility licensed under K.S.A. 39-2001 et seq., and amendments thereto;
(E) individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
(F) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a state psychiatric hospital or state institution for people with intellectual disability.
(3) "Elder person" means a person 60 years of age or older.
(f) An
offender who violates the provisions of this section may also be
prosecuted for, convicted of,
and punished for any other offense in article 54, 55, 56 or 58 of
chapter 21 of the Kansas Statutes Annotated,
and amendments thereto,
or K.S.A. 21-6418, and amendments thereto.";
Also on page 2, in line 32, by striking "21-5828" and inserting "2025 Supp. 21-5417"; in line 34, by striking "Kansas register" and inserting "statute book";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "ACT"; by striking all in line 2; in line 3, by striking all before the semicolon and inserting "enacting the supported decision-making agreements act; allowing an adult to receive decision-making assistance with the adult's affairs from one or more other adults; providing requirements for decision-making agreements and duties related thereto; including violations of this act in the crime of mistreatment of a dependent adult or an elder person"; in line 3, by striking all after "K.S.A."; also in line 4, by striking "5828" and inserting "2025 Supp. 21-5417";
And your committee on conference recommends the adoption of this report.
Susan Humphries
Laura Williams
Dan Osman
Conferees on part of House
Kellie Warren
Kenny Titus
Ethan Corson
Conferees on part of Senate
On motion of Rep. Humphries, the conference committee report on SB 84 was adopted.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not voting: 2.
Yeas: Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, Weigel, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 462 submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on conference further agrees to amend the bill as printed with House Committee amendments, as follows:
On page 1, following line 12, by inserting:
"Section 1. (a) Notwithstanding any other provision of law, a person who engaged or participated in wrongful conduct or attempted to engage or participate in wrongful conduct shall not bring an action for negligence or collect damages for negligent conduct related to such wrongful conduct. The party against whom negligence is alleged shall have the burden of proving, by a preponderance of the evidence, that a person was engaging or participating in wrongful conduct or attempting to engage or participate in wrongful conduct.
(b) This section applies to any claim that is filed on and after July 1, 2026.
(c) As used in this section:
(1) "Wrongful conduct" means any violation of:
(A) Federal law that constitutes a crime, regardless of whether such violation results in an arrest, citation, indictment or conviction; or
(B) state law or an ordinance or resolution adopted by a political subdivision of the state that constitutes a felony or a class A or B misdemeanor, regardless of whether such violation results in an arrest, citation, indictment or conviction; and
(2) notwithstanding the provisions of paragraph (1), "wrongful conduct" does not include conduct that constitutes trespass if:
(A) The person committing such conduct is under 18 years of age;
(B) the attractive nuisance doctrine applies to such conduct; and
(C) such person did not have the intent to commit any other violation described in paragraph (1).";
And by renumbering sections accordingly;
Also on page 1, in the title, in line 1, after "concerning" by inserting "civil actions; relating to actions in negligence; prohibiting certain persons from recovering damages in such actions; relating to";
And your committee on conference recommends the adoption of this report.
Susan Humphries
Laura Williams
Conferees on part of House
Kellie Warren
Kenny Titus
Conferees on part of Senate
On motion of Rep. Humphries, the conference committee report on SB 462 was adopted.
On roll call, the vote was: Yeas 86; Nays 37; Present but not voting: 0; Absent or not voting: 2.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Amyx, Ballard, Boatman, Paige, Carlin, Carmichael, Carr, Collins, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Vaughn, Weigel, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Woodard.
MESSAGE FROM THE SENATE
The Senate adopts the Conference Committee report to agree to disagree on SB 229, and has appointed Senators Alley, Owens and Miller as Second conferees on the part of the Senate.
The Senate adopts the Conference Committee report on Sub Bill for SB260.
The Senate adopts the Conference Committee report on Sub Bill for SB356.
The Senate adopts the Conference Committee report on SB 435.
The Senate adopts the Conference Committee report on HB 2333.
The Senate adopts the Conference Committee report on HB2402.
The Senate adopts the Conference Committee report on HB 2413.
The Senate adopts the Conference Committee report on HB 2466.
The Senate adopts the Conference Committee report on HB 2518.
The Senate adopts the Conference Committee report on HB 2594.
The Senate adopts the Conference Committee report on HB 2626.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
On emergency motion of Rep. Croft HCR 5036 by Representatives Hawkins, Croft and Woodard, as follows was introduced and adopted:
HOUSE CONCURRENT RESOLUTION No. HCR 5036 –
A CONCURRENT RESOLUTION providing for the adjournment of the House of
Representatives and the Senate for a period of time.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature shall adjourn at the close of business of the daily session convened on March 27, 2026, and shall reconvene on April 9, 2026; and
Be it further resolved: That the Chief Clerk of the House of Representatives and the Secretary of the Senate and employees specified by the Director of Legislative Administrative Services for such purpose shall attend to their duties each day during periods of adjournment, Sundays excepted, for the purpose of receiving messages from the Governor and conducting such other business as may be required; and
Be it further resolved: Except as otherwise provided, that members of the Legislature shall not receive subsistence allowances provided for in K.S.A. 46-137a(b), and amendments thereto, for any day within a period in which both houses of the Legislature are adjourned for more than two days, Sundays excepted; and
Be it further resolved: That members of the Legislature attending a meeting of the Joint Committee of Child Welfare System Oversight and the House Select Committee on Government Oversight, each for one day, and a legislative meeting of whatever nature when authorized pursuant to law or authorized by the Legislative Coordinating Council, the President of the Senate or the Speaker of the House of Representatives and members of a conference committee or joint committee attending a meeting of the conference committee or joint committee authorized by the President of the Senate and the Speaker of the House of Representatives during any period of adjournment shall receive travel expenses and subsistence allowances as provided by law.
On motion of Rep. Croft, the House recessed until 6:40 p.m.
____________________________________
EVENING SESSION
The House met pursuant to recess with Speaker pro tempore Carpenter in the chair.
MESSAGE FROM THE SENATE
Announcing passage of HB 2745, as amended by S Sub HB 2745.
CONSIDERATION OF VETO
On motion of Rep. Kessler the House proceeded to reconsider HB 2635 AN ACT concerning healthcare; enacting the pregnancy center autonomy and rights of expression act; providing statutory protection for private, nonprofit pregnancy centers and medical pregnancy centers to provide life-affirming care, support and material resources; creating a private cause of action for violations of the act; creating a right of intervention in legal proceedings challenging the act.
The Governor's objection to HB 2635 having been read ( HJ pg. 2954) question being shall the bill be passed not withstanding the Governor's veto?
On roll call, the vote was: Passed
A two-thirds majority of the members elected to the House having voted in favor of the bill over the Governor's veto, the motion did prevail, the bill did pass.
On roll call, the vote was: Yeas 87; Nays 35; Present but not voting: 0; Absent or not voting: 3.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Amyx, Ballard, Boatman, Paige, Carlin, Carmichael, Carr, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Vaughn, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Weigel, Woodard.
EXPLANATION OF VOTE
Mr. Speaker: I vote no on the veto override of HB 2635. This legislation is performative in nature and unnecessary. I have repeatedly asked for Legislative Post Audits to no avail. That tells me all I need to know. - Nikki McDonald
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 229 submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on conference further agrees to amend the bill as printed as House Substitute for Senate Bill No. 229 with House Committee of the Whole amendments, as follows:
On page 2, by striking all in lines 5 through 43;
By striking all on pages 3 through 223;
On page 224, by striking all in lines 1 through 36; following line 36, by inserting:
"Section 1. K.S.A. 2025 Supp. 44-710a is hereby amended to read as follows: 44-710a. (a) Classification of employers by the secretary. The term "employer" as used in this section refers to contributing employers. The secretary shall classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their accounts with a view of fixing such contribution rates as will reflect such experience. If, as of the date such classification of employers is made, the secretary finds that any employing unit has failed to file any report required in connection therewith, or has filed a report which the secretary finds incorrect or insufficient, the secretary shall make an estimate of the information required from such employing unit on the basis of the best evidence reasonably available to the secretary at the time, and notify the employing unit thereof by mail addressed to its last known address. Unless such employing unit shall file the report or a corrected or sufficient report as the case may be, within 15 days after the mailing of such notice, the secretary shall compute such employing unit's rate of contributions on the basis of such estimates, and the rate as so determined shall be subject to increase but not to reduction on the basis of subsequently ascertained information. The secretary shall determine the contribution rate of each employer in accordance with the requirements of this section.
(1) New employers. (A) No employer will be eligible for a rate computation until there have been 24 consecutive calendar months immediately preceding the computation date throughout which benefits could have been charged against such employer's account.
(B) (i) (a) Each employer who is not eligible for a rate contribution shall pay contributions equal to 1.75% of wages paid during each calendar year with regard to employment, except such employers engaged in the construction industry shall pay a rate equal to 5.55%.
(b) (1) An employer who was not doing business in Kansas prior to July 1, 2014, shall be eligible for either the new employer rate under subsection (a)(1)(B)(i)(a) or the rate associated with the reserve ratio such employer experienced in the state which such employer was formerly located, but in no event less than 1% if such:
(A) Employer has been in operation in the other state or states for at least the three years immediately preceding the date such employer becomes a liable employer in Kansas;
(B) employer provides the authenticated account history from information accumulated from operations of such employer in the other state or all the other states necessary to compute a current Kansas rate; and
(C) employer's business operations established in Kansas are of the same nature, as defined by the North American industrial classification system, as conducted by such employer in the other state or states.
(2) The election authorized in subsection (a)(1)(B)(i)(b) of this section must be made in writing within 30 days after notice of Kansas liability. A rate in accordance with subsection (a)(1)(B)(i)(a) will be assigned unless a timely election has been made.
(3) If the election is made timely, the employer's account will receive the rate elected for the remainder of that rate year. The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date.
(ii) For purposes of this subsection (a), employers shall be classified by industrial activity in accordance with standard procedures as set forth in rules and regulations adopted by the secretary. Employers engaged in more than one type of industrial activity shall be classified by principal activity. All rates assigned will remain in effect for a complete calendar year. If the sale or acquisition of a new establishment would require reclassification of the employer to a different industry sector, the employer would be promptly notified, and the contribution rate applicable to the new industry sector would become effective the following January 1.
(C) "Computation date" means June 30 of each calendar year with respect to rates of contribution applicable to the calendar year beginning with the following January 1. In arriving at contribution rates for each calendar year, contributions paid on or before July 31 following the computation date for employment occurring on or prior to the computation date shall be considered for each contributing employer who has been subject to this act for a sufficient period of time to have such employer's rate computed under this subsection (a).
(2) Eligible employers. (A) A reserve ratio shall be computed for each eligible employer by the following method: Total benefits charged to the employer's account for all past years shall be deducted from all contributions paid by such employer for all such years. The balance, positive or negative, shall be divided by the employer's average annual payroll, and the result shall constitute the employer reserve ratio.
(B)
(i) Negative
account balance employers, as defined in subsection (d), shall pay
contributions at the rate referenced in subsection (a)(4)(C).
(ii)
(a) Beginning on July 1, 2024, and annually thereafter, active
negative rated employers shall be eligible for a calculated negative
debt write-off and forgiveness amount as determined pursuant to this
subclause. If on any computation date an employer's account
registers a negative reserve ratio less than or equal to -7.150%, a
portion of benefit charges shall be conditionally forgiven and
removed from the employer's account in order to bring the employer's
account to a reserve ratio of -7.150%, and the employer shall be
assigned to rate group N11, as set forth in subsection (a)(4)(C)(ii)
for the next three calendar years.
(b) Negative
rated employers affected by the conditional write-off provision
pursuant to subclause (a) shall have the option to avoid a negative
debt write-off and assignment to rate group N11 for the next three
calendar years by submitting a voluntary contribution pursuant to
subsection (c) equal to or greater than the amount necessary to
establish their account reserve ratio to an amount equal to or
greater than -7.149% for the next calendar year.
(C) Eligible employers, other than negative account balance employers, who do not meet the average annual payroll requirements as stated in K.S.A. 44-703(a)(2), and amendments thereto, will be issued the maximum rate indicated by the maximum rate group of standard rate schedule—standard schedule G in subsection (a)(4)(C)(ii) until such employer establishes a new period of 24 consecutive calendar months immediately preceding the computation date throughout which benefits could have been charged against such employer's account by resuming the payment of wages. Contribution rates effective for each calendar year thereafter shall be determined as prescribed below.
(3) Entering and expanding employer. (A) The secretary, as a method of providing for a reduced rate of contributions to an employer shall verify the qualifications in this statute that bear a direct relation to unemployment risk for that employer.
(B) If, as of the computation date, an eligible, positive balance employer's reserve ratio is significantly affected due to an increase in the employer's taxable payroll of at least 100% and such increase is attributable to a growth in employment, and not to a change in the taxable wage base from the previous year, the secretary shall assign a reduced rate of contributions for a period of three years.
(i) Such reduced rate of contributions shall be the new employer rate described in subsection (a)(1)(B)(i)(a), or a rate based on the employer's demonstrated risk as reflected in the employer's reserve fund ratio history.
(ii) To be eligible for such reduced rate, the employer must maintain a positive account balance throughout the reduced-rate period and must have an increase in account balance for each year.
(4) (A) Contribution schedules. For each rate year, the contribution schedule in effect shall be determined by the applicable fund control table and rate schedule table of subsection (a)(4)(C).
(B) Published calculated maximum annual tax amounts per employee. The secretary shall publish corresponding contribution amount tables showing the calculated maximum annual cost to contributing rated employers per employee for each rate group. Such contribution amount tables shall be published on a publicly accessible website maintained by the secretary.
(C) Effective rates. (i) Employer contribution rates to be effective for each calendar year shall be determined by the applicable rate schedule in clause (ii) and the fund control table for the rate year as specified contained in this clause. The average high cost multiple of the trust fund as of the computation date shall determine the contribution schedule in effect for the next rate year. For purposes of subsection (a)(4)(C)(i), the average high cost multiple is the reserve fund ratio divided by the average high benefit cost rate. The average high benefit cost rate shall be determined by averaging the three highest benefit cost rates over the last 20 years from the preceding fiscal year which ended June 30. The high benefit cost rate is defined by dividing total benefits paid in the fiscal year by total payrolls for covered employers in the fiscal year. The reserve fund ratio shall be determined by dividing total assets in the employment security fund provided for in K.S.A. 44-712(a), and amendments thereto, excluding all moneys credited to the account of this state pursuant to section 903 of the federal social security act, as amended, that have been appropriated by the legislature, whether or not withdrawn from the trust fund, and excluding contributions not yet paid on July 31, by total payrolls for contributing employers for the preceding fiscal year that ended on June 30.
Fund Control Table A
For Rate Year 2025 and Ensuing Calendar Years
Proportional
KS SUTA Lower Upper Solvency/Credit Solvency/Credit
Tax Rate AHCM AHCM Adjustment Adjustment
Schedules Threshold Threshold
M -1,000.00000 -0.00001 2.00% 0.05128%
L 0.00000 0.24999 1.70% 0.04359%
Solvency K 0.25000 0.44999 1.40% 0.03590%
Schedules J 0.45000 0.59999 1.10% 0.02821%
(H-M) I 0.60000 0.69999 0.80% 0.02051%
H 0.70000 0.74999 0.50% 0.01282%
Standard
Schedule G 0.75000 1.24999 0.00% 0.00000%
(G)
F 1.25000 1.29999 -0.50% -0.01282%
Credit E 1.30000 1.39999 -0.80% -0.02051%
Schedules D 1.40000 1.54999 -1.10% -0.02821%
(A-F) C 1.55000 1.74999 -1.40% -0.03590%
B 1.75000 1.99999 -1.70% -0.04359%
A 2.00000 1,000.00000 -2.00% -0.05128%
(ii) Eligible employers shall be classified by rate group according to the standard rate schedule - standard rate schedule G in this clause, for that rate year. For rate year 2025 and ensuing calendar years, the rate pursuant to standard rate schedule G, solvency schedules H through M or credit schedules A through F shall apply to contributing employers.
STANDARD RATE SCHEDULE
-
STANDARD RATE SCHEDULE G
Rate Lower Reserve Upper
Reserve Standard
Group Ratio Limit Ratio Limit Rate
0 100.000 1,000,000.000 0.00%
1 18.590 99.999 0.05%
2 17.875 18.589 0.10%
3 17.160 17.874 0.15%
4 16.445 17.159 0.25%
5 15.730 16.444 0.35%
6 15.015 15.729 0.45%
7 14.300 15.014 0.55%
8 13.585 14.299 0.70%
9 12.870 13.584 0.85%
10 12.155 12.869 1.00%
11 11.440 12.154 1.15%
12 10.725 11.439 1.35%
13 10.010 10.724 1.55%
14 9.295 10.009 1.75%
15 8.580 9.294 1.95%
16 7.865 8.579 2.20%
17 7.150 7.864 2.45%
18 6.435 7.149 2.70%
19 5.720 6.434 2.95%
20 5.005 5.719 3.25%
21 4.290 5.004 3.55%
22 3.575 4.289 3.85%
23 2.860 3.574 4.15%
24 2.145 2.859 4.50%
25 1.430 2.144 4.85%
26 0.715 1.429 5.20%
27 0.000 0.714 5.55%
N1 -0.714 -0.001 5.85%
N2 -1.429 -0.715 6.15%
N3 -2.144 -1.430 6.45%
N4 -2.859 -2.145 6.75%
N5 -3.574 -2.860 7.00%
N6 -4.289 -3.575 7.25%
N7 -5.004 -4.290 7.50%
N8 -5.719 -5.005 7.75%
N9 -6.434 -5.720 7.95%
N10 -7.149 -6.435 8.15%
N11 -1,000,000.000 -7.150 8.35%
SOLVENCY RATE SCHEDULES (H-M)
Rate
Group M L K J I H
0 0.05% 0.04% 0.04% 0.03% 0.02% 0.01%
1 0.15% 0.14% 0.12% 0.11% 0.09% 0.08%
2 0.25% 0.23% 0.21% 0.18% 0.16% 0.14%
3 0.36% 0.32% 0.29% 0.26% 0.23% 0.20%
4 0.51% 0.47% 0.43% 0.39% 0.35% 0.31%
5 0.66% 0.61% 0.57% 0.52% 0.47% 0.43%
6 0.81% 0.76% 0.70% 0.65% 0.59% 0.54%
7 0.96% 0.90% 0.84% 0.78% 0.71% 0.65%
8 1.16% 1.09% 1.02% 0.95% 0.88% 0.82%
9 1.36% 1.29% 1.21% 1.13% 1.06% 0.98%
10 1.56% 1.48% 1.39% 1.31% 1.23% 1.14%
11 1.77% 1.67% 1.58% 1.49% 1.40% 1.30%
12 2.02% 1.92% 1.82% 1.72% 1.62% 1.52%
13 2.27% 2.16% 2.05% 1.94% 1.84% 1.73%
14 2.52% 2.40% 2.29% 2.17% 2.06% 1.94%
15 2.77% 2.65% 2.52% 2.40% 2.28% 2.16%
16 3.07% 2.94% 2.81% 2.68% 2.55% 2.42%
17 3.37% 3.23% 3.10% 2.96% 2.82% 2.68%
18 3.67% 3.53% 3.38% 3.24% 3.09% 2.94%
19 3.98% 3.82% 3.67% 3.51% 3.36% 3.21%
20 4.33% 4.17% 4.00% 3.84% 3.68% 3.52%
21 4.68% 4.51% 4.34% 4.17% 4.00% 3.83%
22 5.03% 4.85% 4.68% 4.50% 4.32% 4.14%
23 5.38% 5.20% 5.01% 4.83% 4.64% 4.46%
24 5.78% 5.59% 5.40% 5.21% 5.01% 4.82%
25 6.18% 5.98% 5.78% 5.58% 5.38% 5.18%
26 6.58% 6.38% 6.17% 5.96% 5.75% 5.55%
27 6.99% 6.77% 6.56% 6.34% 6.12% 5.91%
N1 7.34% 7.11% 6.89% 6.67% 6.44% 6.22%
N2 7.69% 7.46% 7.23% 7.00% 6.77% 6.53%
N3 8.04% 7.80% 7.56% 7.32% 7.09% 6.85%
N4 8.39% 8.14% 7.90% 7.65% 7.41% 7.16%
N5 8.69% 8.44% 8.18% 7.93% 7.68% 7.42%
N6 8.99% 8.73% 8.47% 8.21% 7.95% 7.69%
N7 9.29% 9.03% 8.76% 8.49% 8.22% 7.95%
N8 9.60% 9.32% 9.04% 8.77% 8.49% 8.21%
N9 9.85% 9.56% 9.28% 8.99% 8.71% 8.42%
N10 10.10% 9.81% 9.51% 9.22% 8.93% 8.64%
N11 10.35% 10.05% 9.75% 9.45% 9.15% 8.85%
CREDIT RATE SCHEDULES (A-F)
Rate
Group F E D C B A
0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
1 0.02% 0.01% 0.00% 0.00% 0.00% 0.00%
2 0.06% 0.04% 0.02% 0.00% 0.00% 0.00%
3 0.10% 0.07% 0.04% 0.01% 0.00% 0.00%
4 0.19% 0.15% 0.11% 0.07% 0.03% 0.00%
5 0.27% 0.23% 0.18% 0.13% 0.09% 0.04%
6 0.36% 0.31% 0.25% 0.20% 0.14% 0.09%
7 0.45% 0.39% 0.32% 0.26% 0.20% 0.14%
8 0.58% 0.52% 0.45% 0.38% 0.31% 0.24%
9 0.72% 0.64% 0.57% 0.49% 0.41% 0.34%
10 0.86% 0.77% 0.69% 0.61% 0.52% 0.44%
11 1.00% 0.90% 0.81% 0.72% 0.63% 0.53%
12 1.18% 1.08% 0.98% 0.88% 0.78% 0.68%
13 1.37% 1.26% 1.16% 1.05% 0.94% 0.83%
14 1.56% 1.44% 1.33% 1.21% 1.10% 0.98%
15 1.74% 1.62% 1.50% 1.38% 1.25% 1.13%
16 1.98% 1.85% 1.72% 1.59% 1.46% 1.33%
17 2.22% 2.08% 1.94% 1.80% 1.67% 1.53%
18 2.46% 2.31% 2.16% 2.02% 1.87% 1.73%
19 2.69% 2.54% 2.39% 2.23% 2.08% 1.92%
20 2.98% 2.82% 2.66% 2.50% 2.33% 2.17%
21 3.27% 3.10% 2.93% 2.76% 2.59% 2.42%
22 3.56% 3.38% 3.20% 3.02% 2.85% 2.67%
23 3.84% 3.66% 3.47% 3.29% 3.10% 2.92%
24 4.18% 3.99% 3.79% 3.60% 3.41% 3.22%
25 4.52% 4.32% 4.12% 3.92% 3.72% 3.52%
26 4.85% 4.65% 4.44% 4.23% 4.02% 3.82%
27 5.19% 4.98% 4.76% 4.54% 4.33% 4.11%
N1 5.48% 5.26% 5.03% 4.81% 4.59% 4.36%
N2 5.77% 5.53% 5.30% 5.07% 4.84% 4.61%
N3 6.05% 5.81% 5.58% 5.34% 5.10% 4.86%
N4 6.34% 6.09% 5.85% 5.60% 5.36% 5.11%
N5 6.58% 6.32% 6.07% 5.82% 5.56% 5.31%
N6 6.81% 6.55% 6.29% 6.03% 5.77% 5.51%
N7 7.05% 6.78% 6.51% 6.24% 5.97% 5.71%
N8 7.29% 7.01% 6.73% 6.46% 6.18% 5.90%
N9 7.48% 7.19% 6.91% 6.62% 6.34% 6.05%
N10 7.66% 7.37% 7.08% 6.79% 6.49% 6.20%
N11 7.85% 7.55% 7.25% 6.95% 6.65% 6.35%
(iii) Not less than 30 days prior to each calendar year, the secretary shall publish the effective contribution schedules for the previous four rate years and ensuing rate year on a publicly accessible website maintained by the secretary.
(b) Successor classification. (1) (A) For the purposes of this subsection, whenever an employing unit, whether or not it is an "employing unit" within the meaning of K.S.A. 44-703(g), and amendments thereto, becomes an employer pursuant to K.S.A. 44-703(h)(4), and amendments thereto, or is an employer at the time of acquisition and meets the definition of a "successor employer" as defined by K.S.A. 44-703(dd), and amendments thereto, and thereafter transfers its trade or business, or any portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management or control of the two employers, then the unemployment experience attributable to the transferred trade or business shall be transferred to the employer to whom such business is so transferred. These experience factors consist of all contributions paid, benefit experience and annual payrolls of the predecessor employer. The transfer of some or all of an employer's workforce to another employer shall be considered a transfer of trade or business when, as the result of such transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce, and such trade or business is performed by the employer to whom the workforce is transferred.
(B) If, following a transfer of experience under subparagraph (A), the secretary determines that a substantial purpose of the transfer or business was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved shall be combined into a single account and a single rate assigned to such account.
(2) A successor employer as defined by K.S.A. 44-703(h)(4) or (dd), and amendments thereto, may receive the experience rating factors of the predecessor employer if an application is made to the secretary or the secretary's designee in writing within 120 days of the date of the transfer.
(3) Whenever an employing unit, whether or not it is an "employing unit" within the meaning of K.S.A. 44-703(g), and amendments thereto, acquires or in any manner succeeds to a percentage of an employer's annual payroll which is less than 100% and intends to continue the acquired percentage as a going business, the employing unit may acquire the same percentage of the predecessor's experience factors if: (A) The predecessor employer and successor employing unit make an application in writing on the form prescribed by the secretary; (B) the application is submitted within 120 days of the date of the transfer; (C) the successor employing unit is or becomes an employer subject to this act immediately after the transfer; (D) the percentage of the experience rating factors transferred shall not be thereafter used in computing the contribution rate for the predecessor employer; and (E) the secretary finds that such transfer will not tend to defeat or obstruct the object and purposes of this act.
(4) (A) The rate of both employers in a full or partial successorship under paragraph (1) shall be recalculated and made effective on the first day of the next calendar year following the date of transfer of trade or business.
(B) If a successor employer is determined to be qualified under paragraph (2) or (3) to receive the experience rating factors of the predecessor employer, the rate assigned to the successor employer for the remainder of the contributions year shall be determined by the following:
(i) If the acquiring employing unit was an employer subject to this act prior to the date of the transfer, the rate of contribution shall be the same as the contribution rate of the acquiring employer on the date of the transfer.
(ii) If the acquiring employing unit was not an employer subject to this act prior to the date of the transfer, the successor employer shall have a newly computed rate for the remainder of the contribution year which shall be based on the transferred experience rating factors as they existed on the most recent computation date immediately preceding the date of acquisition. These experience rating factors consist of all contributions paid, benefit experience and annual payrolls.
(5) Whenever an employing unit is not an employer at the time it acquires the trade or business of an employer, the unemployment experience factors of the acquired business shall not be transferred to such employing unit if the secretary finds that such employing unit acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, such employing unit shall be assigned the applicable industry rate for a "new employer" as described in subsection (a)(1). In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the secretary shall use objective factors which may include the cost of acquiring the business, whether the employer continued the business enterprise of the acquired business, how long such business enterprise was continued, or whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition.
(6) Whenever an employer's account has been terminated as provided in K.S.A. 44-711(d) and (e), and amendments thereto, and the employer continues with employment to liquidate the business operations, that employer shall continue to be an "employer" subject to the employment security law as provided in K.S.A. 44-703(h)(8), and amendments thereto. The rate of contribution from the date of transfer to the end of the then current calendar year shall be the same as the contribution rate prior to the date of the transfer. At the completion of the then current calendar year, the rate of contribution shall be that of a "new employer" as described in subsection (a)(1).
(7) No rate computation will be permitted an employing unit succeeding to the experience of another employing unit pursuant to this section for any period subsequent to such succession except in accordance with rules and regulations adopted by the secretary. Any such regulations shall be consistent with federal requirements for additional credit allowance in section 3303 of the federal internal revenue code of 1986, and consistent with the provisions of this act.
(c) Voluntary contributions. Notwithstanding any other provision of the employment security law, any employer may make voluntary payments for the purpose of reducing or maintaining a reduced rate in addition to the contributions required under this section. Such voluntary payments may be made only during the 90-day period immediately following the date of mailing of experience rating notices for a calendar year. All such voluntary contribution payments shall be paid prior to the expiration of 120 days after the beginning of the year for which such rates are effective. The amount of voluntary contributions shall be credited to the employer's account as of the next preceding computation date and the employer's rate shall be computed accordingly. Under no circumstances shall voluntary payments be refunded in whole or in part.
(d) As used in this section, "negative account balance employer" means an eligible employer whose total benefits charged to such employer's account for all past years have exceeded all contributions paid by such employer for all such years.
(e) The secretary of labor shall annually prepare and submit a certification as to the solvency and adequacy of the amount credited to the state of Kansas' account in the federal employment security trust fund to the governor and the legislative coordinating council. The certification shall be submitted on or before December 1 of each calendar year and shall be for the 12-month period ending on June 30 of that calendar year. In arriving at the certification contributions paid on or before July 31 following the 12-month period ending date of June 30 shall be considered.
(f) On July 1, 2024, the director of accounts and reports shall transfer all moneys in the employment security interest assessment fund to the employment security trust fund. On July 1, 2024, all liabilities of the employment security interest assessment fund are hereby transferred to and imposed on the state general fund, and the employment security interest assessment fund is hereby abolished.
Sec. 2. K.S.A. 2025 Supp. 44-710a is hereby repealed.";
Also on page 224, in line 38, by striking "statute book" and inserting "Kansas register";
And by renumbering sections accordingly;
On page 1, in the title, in line 2, by striking all after the semicolon; by striking all in lines 3 through 34;
On page 2, in the title, by striking all in line 1; in line 2, by striking all before the period and inserting "discontinuing certain debt-relief provisions for negative balance employers; amending K.S.A. 2025 Supp.44-710a and repealing the existing section";
And your committee on conference recommends the adoption of this report.
Sean Tarwater
Jill Ward
Conferees on part of House
Larry Alley
Stephen Owens
Conferees on part of Senate
On motion of Rep. Tarwater, the conference committee report on Sub Bill for SB 229 was adopted.
On roll call, the vote was: Yeas 88; Nays 34; Present but not voting: 0; Absent or not voting: 3.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely,
Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Amyx, Ballard, Boatman, Paige, Carlin, Carmichael, Carr, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Simmons, Stogsdill, Vaughn, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Weigel, Woodard.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2466 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 9 through 35;
By striking all on page 2;
On page 3, by striking all in lines 1 and 2; following line 2, by inserting:
"New Section 1. (a) Sections 1 through 8, and amendment thereto, shall be known and may be cited as the Kansas sports facilities authority act.
(b) The purpose of the act is to provide for the construction, financing, management and long-term use of sports facilities and sports facility infrastructure as venues for professional sports and a broad range of other civic, community, athletic, educational, cultural and commercial activities. The legislature finds that the expenditure of public money for this purpose is necessary, serves a public purpose and promotes the general welfare, and that property acquired by the Kansas sports facilities authority for the construction of sports facilities and sports facilities infrastructure is acquired for a public use and serves a public purpose. The legislature further finds that any provision in a lease or use agreement with a professional sports team that requires such team to play substantially all of its home games in a publicly funded sports facility for the duration of the lease or use agreement serves a unique public purpose for which enforcement is essential through the remedies of specific performance and injunctive relief.
New Sec. 2. As used in this act:
(a) "Act" means the Kansas sports facilities authority act.
(b) "Appointee" means a person who has been appointed to the authority pursuant to this act.
(c) "Appointing authority" means the person or entity required to make an appointment to the authority pursuant to this act.
(d) "Authority" means the Kansas sports facilities authority established under section 3, and amendments thereto.
(e) "Professional sports" means the national football league.
(f) "Professional sports team" means an organization that is a franchised member of the national football league engaged in the business of professional American football.
(g) "Sports facility" means, as designed, constructed, financed or managed pursuant to this act, a stadium, arena, field or other similar structure, including a practice facility for a professional sports team or a professional sports team headquarters building, and any enclosed or open-air entertainment or event venue, including, but not limited to, a recreational venue such as a ballpark, that is physically connected to or integrated with such facility and intended to support, complement or enhance the use, operation or fan experience of the sports facility.
(h) "Sports facility infrastructure" means plazas, walkways, landscaping, lighting, fencing, security infrastructure, parking facilities and structures, roadway and access improvements, including, but not limited to, streets, sidewalks, rights-of-way, intersections, medians, ramps, connectors, skyways and tunnels and other improvements intended to support pedestrian or vehicular circulation, utilities, including, but not limited to, water, sanitary sewer, storm sewer, electrical, gas, telecommunications, fiber and related distribution systems and other such property, facilities and improvements, owned by the authority or determined by the authority to facilitate the use and development of a sports facility pursuant to this act.
New Sec. 3. (a) (1) The Kansas sports facilities authority is established as a body corporate and politic and a political subdivision of the state. The authority is not an agency or instrumentality of any city or county. Any obligation, liability or debt of the authority shall constitute an obligation, liability or debt only of the authority and shall not constitute a liability or obligation of the state of Kansas or a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas.
(2) Before the appointment of any person as a member of the authority, the appointing authority shall require such person to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(3) The Kansas bureau of investigation shall remain in custody and control of the criminal history record check information obtained pursuant to this section. The bureau shall allow only the appointing authority, the majority and minority leaders of the house of representatives and the majority and minority leaders of the senate to view such criminal history record check information.
(b) The authority shall consist of 11 voting members, including, as provided by subsection (d), two members who may be appointed by the mayors of cities where a sports facility is located and nine members who are legal residents of the state of Kansas and have relative education, training and experience related to facility administration, accounting, law, marketing or other pertinent fields, as follows:
(1) One member appointed by the governor. Each such member shall serve until a sucessor is appointed and takes office;
(2) one member appointed by the president of the senate. Each such member shall serve until a successor is appointed and takes office;
(3) one member appointed by the senate majority leader. Each such member shall serve until a successor is appointed and takes office;
(4) one member appointed by the senate minority leader. Each such member shall serve until a successor is appointed and takes office;
(5) one member appointed by the speaker of the house of representatives. Each such member shall serve until a successor is appointed and takes office;
(6) one member appointed by the house of representatives majority leader. Each such member shall serve until a successor is appointed and takes office;
(7) one member appointed by the house of representatives minority leader. Each such member shall serve until a successor is appointed and takes office;
(8) the secretary of commerce or acting secretary of commerce who shall serve at the pleasure of the governor; and
(9) a representative of the professional sports team that plays its games in the sports facility owned by the authority appointed by the professional sports team. Each such member appointed by the professional sports team shall serve until a successor is appointed and takes office.
(c) The initial members of the authority shall be appointed not later than August 31, 2026.
(d) (1) The mayors of up to two cities where a sports facility of the authority is located may each appoint a member, that may be themselves, to the authority if:
(A) Such city passes an ordinance electing to participate in a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto;
(B) such participation is not withdrawn, repealed, terminated or rendered ineffective; and
(C) such city's pledge of applicable local sales, use or transient guest tax revenue is not conditioned in a manner that:
(i) Limits or restricts the secretary's authority to establish or modify a STAR bond project district as defined in K.S.A. 12-17,162(cc)(2), and amendments thereto, for purposes of pledging state revenues;
(ii) provides for termination or reduction of such local pledge based on actions taken by the secretary with respect to the establishment, modification or scope of a STAR bond project district as defined in K.S.A. 12-17,162(cc)(2), and amendments thereto, or the pledge of state revenues; or
(iii) conflicts with the terms and conditions set forth in the STAR bond agreement dated December 22, 2025, and executed by the Kansas city chiefs football club, inc. and the state of Kansas.
(2) Such membership shall be expressly conditioned upon the continued satisfaction of the requirements set forth in subparagraphs (1)(A), (B) and (C) above.
(3) In the event of the self appointment by a mayor to the authority, the governing body of such mayor's city shall select a member of such governing body as the appointing authority for purposes of review of the criminal history record check as required by subsection (a)(2).
(e) Members of the authority may be compensated as provided by K.S.A. 75-3223, and amendments thereto, including a paid per diem and mileage reimbursement.
(f) The chairperson of the authority shall be elected by a majority of the voting members of the authority for a four-year term. The chairperson shall preside at all meetings of the authority, if present, and perform all other assigned duties and functions. The authority may appoint from among its voting members a vice chairperson to act for the chairperson during the temporary absence or disability of the chairperson and any other officers the authority determines are necessary or convenient.
(g) Each member of the authority shall serve at the pleasure of the entity or holder of the office authorized to appoint such member, including any new holder of such office.
(h) The authority shall adopt bylaws to establish rules of procedure, the powers and duties of its officers and other matters relating to the governance of the authority and the exercise of its powers.
(i) The authority shall engage a third-party independent auditor to audit the books and accounts of the authority annually. The authority shall engage a different independent auditor every three years to conduct such audit.
(j) The authority may appoint an executive director to serve as the chief executive officer of the authority. Such executive director shall serve at the pleasure of the authority and shall receive compensation as determined by the authority and approved by the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed by K.S.A. 75-3711c(c), and amendments thereto. Such compensation for the executive director shall be paid from rents paid to the authority by the professional sports team that plays its games in the sports facility owned by the authority. No public funds shall be used for compensation for the executive director. As prescribed and directed by the authority, the executive director shall be responsible for the operation, management and promotion of activities of the authority. The executive director shall have such powers necessarily incident to the performance of the executive director's duties and such powers granted by the authority, except that the executive director shall not have authority to incur liability or make expenditures on behalf of the authority without general or specific direction by the authority evidenced by the authority's bylaws or minutes of a meeting of the authority.
(k) The authority may authorize additional employees. The executive director shall be responsible for hiring, supervision and dismissal of all other employees of the authority.
(l) The authority shall establish a website for purposes of providing information to the public concerning all actions taken by the authority. At a minimum, the website shall contain a current version of the authority's bylaws, notices of upcoming meetings, minutes of the authority's meetings and a telephone number and email address for public comments.
(m) Any seven voting members shall constitute a quorum for the conduct of business. Action may be taken upon the vote of a majority of members present at a meeting duly called and held.
(n) The authority shall be subject to the provisions of the open meetings act and the open records act. In the event that immediate action is required for which a meeting cannot be timely convened, then notwithstanding the provisions of the Kansas open meetings act, K.S.A. 75-4317, et seq., and amendments thereto, the authority may act by written consent, signed by all voting members, whose consent shall have the same effect as a unanimous action taken at a meeting of the authority duly called and held with a quorum present. The unanimous written consent and any attachments thereto shall be subject to the Kansas open records act, K.S.A. 45-215, et seq., and amendments thereto, and shall be posted on the authority's website as soon as practicable after such action is taken.
New Sec. 4. (a) Any sports facility or sports facility infrastructure constructed or acquired by the authority shall be a part of the authority.
(b) Except as provided in subsection (c), any other sports facility may be acquired as a part of the authority upon satisfaction of the following factors and approval of the authority:
(1) The governing body, whether a public or private entity, of the sports facility has made a request to the authority to become a sports facility that is a part of the authority;
(2) such governing body and the authority have negotiated an agreement with respect to the transfer by the governing body to the authority of all obligations and responsibilities pertaining to such sports facility, including, but not limited to, outstanding debt, revenue sources, finance, funding, management, operations, equipment, repair and replacements, capital improvements, reserves, contracts and agreements;
(3) if separate entities, such governing body and the professional sports team that is the primary user of such sports facility have made a joint recommendation to the authority that such sports facility become a part of the authority;
(4) the authority finds that the inclusion of such sports facility in the authority will not have a negative impact on the authority or the state general fund or become an obligation of the state of Kansas; and
(5) such governing body shall have provided any other information and met any additional requirements requested by the authority.
(c) Nothing in this act shall authorize the authority to enter into any contract, agreement or business relationship with any other professional sport or franchise other than a professional sports team that is a franchised member of the national football league engaged in the business of professional American football. Any such action taken by the authority in violation of the provisions of this act is null and void.
New Sec. 5. (a) The authority is a body corporate and politic and a political subdivision of the state of Kansas. The authority may exercise and hold the duties, privileges, immunities, rights and liabilities and disabilities of an authority of the state and as a body corporate and a political instrumentality of the state. The authority may sue and be sued. Any obligation, liability or debt of the authority shall constitute an obligation, liability or debt only of the authority and shall not constitute an obligation or liability of the state of Kansas or a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas.
(b) (1) (A) The authority may acquire from any public or private entity by lease, purchase, gift or devise all necessary right, title and interest in and to real property, air rights and personal property deemed necessary for the purposes of this act.
(B) Any such property referenced under this act that is owned, acquired or otherwise used by the authority shall be deemed exclusively used for state purposes within the meaning of article 11 § 1(b) of the constitution of the state of Kansas.
(C) The authority shall be exempt from any property or general ad valorem taxes levied under the laws of the state of Kansas upon any property of the authority acquired and used for a sports facility or sports facility infrastructure and upon any other property of the authority used for the authority's public purposes and from any taxes or assessments upon any projects or operations of the authority. The authority shall be exempt from any taxes or assessments upon any project, property or local obligation acquired or used by the authority under the provisions of this act.
(2) The authority may sell, lease or otherwise dispose of any real or personal property acquired by the authority that is no longer required for the accomplishment of the authority's purposes.
(c) (1) The authority may develop, construct, equip, improve, own, operate, manage, maintain, finance and control sports facilities, related sports facility infrastructure and related facilities constructed or acquired pursuant to this act, or may delegate such duties through an agreement, subject to the rights and obligations transferred to and assumed by the authority, a professional sports team, other user, third-party manager or program manager, under the terms of a lease, use agreement or development agreement.
(2) When purchasing construction, repairs, supplies, equipment, furniture, furnishings, fixtures or contractual services, the authority and the authority's contractors and agents shall utilize competition among contractors and vendors to the extent reasonable and practicable under the circumstances, to be determined in the sole discretion of the authority and to such extent shall not be subject to the competitive bidding requirements of K.S.A. 75-3739, 75-37,102 or 75-37,132, and amendments thereto.
(3) All sales of tangible personal property or services purchased for the purpose of and in conjunction with the constructing, equipping or furnishing of a sports facility or sports facility infrastructure by the authority shall be exempt from the tax imposed by the Kansas retailers' sales tax act and the Kansas compensating tax act and not be subject to sales or use tax imposed by the state, any county, city, town, public corporation or agency or subdivision or instrumentality thereof. When a person contracts for the construction, equipping or furnishing of any such sports facility or sports facility infrastructure, such person shall obtain from the state and furnish to the contractor an exemption certificate for the project involved, and the contractor may purchase materials, machinery and equipment for incorporation in such project. The contractor shall furnish the number of such certificates to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering such purchases bearing the number of such certificates. Upon completion of the project, the contractor shall furnish to the authority a sworn statement, on a form to be provided by the director of taxation, that all purchases so made were entitled to exemption under this paragraph. All invoices shall be held by the contractor for a period of five years and shall be subject to audit by the director of taxation. Any contractor or any agent, employee or subcontractor thereof who uses or otherwise disposes of any materials, machinery or equipment purchased under such a certificate for any purpose other than that for which such a certificate is issued without the payment of the sales or compensating tax otherwise imposed thereon shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties provided for in K.S.A. 79-3615(h), and amendments thereto. Upon repayment in full of all bonds issued to finance any sports facility and any sports facility infrastructure pursuant to the STAR bond agreement dated December 22, 2025, between the state of Kansas and the Kansas city chiefs football club, inc., in an aggregate principal amount equal to the maximum amount authorized to finance such sports facility and sports facility infrastructure under such agreement, the sales and use tax exemptions authorized under this subsection shall automatically terminate.
(4) The authority may, but shall not be required to, consult with local governments regarding the planning and development of authority projects, except that no such consultation shall confer approval authority or regulatory jurisdiction on any city, county, township or other political subdivision of the state. The provisions of K.S.A. 75-3741c(a), and amendments thereto, related to state capital improvement projects shall apply to projects of the authority.
(d) (1) The authority may employ persons, contract for services, including legal services, and utilize employees and consultants retained by other governmental entities as necessary to carry out the authority's functions. The authority may enter into agreements with other governmental entities or third parties necessary to accomplish the purposes of this act.
(2) The provisions of the retail electric suppliers act, K.S.A. 66-1,170, et seq., and amendments thereto, shall not apply to the provision of electric service to the authority. The authority shall have the power to negotiate or otherwise obtain utility and energy services, but the authority shall be required to obtain electric service from a retail electric provider, as defined in the retail electric suppliers act, that already provides electric service in one or more certified territories in Kansas. The provision or receipt of such utility and energy services shall not be subject to any fee or exactions imposed by local ordinance.
(e) The authority may accept monetary contributions, pledges of revenues, property, services and grants or loans of money or other property from any source, including, but not limited to, the state, any subdivision of the state, any agency of those entities or any person for any of its purposes, and may enter into any agreement required in connection with the gifts, grants or loans. The authority shall hold, use and dispose of the money, property or services according to the terms of the monetary contributions, grant, loan or agreement.
(f) The authority may lease, license or enter into use agreements and may fix, alter, charge and collect rents, fees, including seat licensing fees, and charges for the use, lease, license, occupation and availability of part or all of any premises, property or facilities under the authority's ownership, operation or control for purposes that will provide athletic, educational, cultural, commercial or other entertainment, instruction or activity for the citizens of Kansas and visitors. The use agreements may provide that the other contracting party has exclusive use of the premises at the times agreed upon, as well as the right to retain some or all revenues from ticket sales, suite licenses, personalized seat licenses, concessions, advertising, naming rights, professional sports team designated broadcast or media, club seats, signage and other revenues derived from a sports facility. The authority may contract with a professional sports team or other third party to collect any such revenue on behalf of the authority.
(g) Any agreement by the authority for the lease, license, use or management of a sports facility or sports facility infrastructure shall require the lessee, licensee, user or manager to be responsible for all liabilities and obligations arising out of the use, occupancy, operation, management or control of the sports facility or sports facility infrastructure, except as expressly provided otherwise in such agreement. No such agreement shall create an obligation of the state of Kansas, liability against the state of Kansas or a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas.
(h) The authority may procure insurance in the amounts the authority considers necessary against liability of the authority or its officers and employees for personal injury or death and property damage or destruction and against risks of damage to or destruction of any of its facilities, equipment or other property. Any agreement by the authority for the lease, license, use or management of a sports facility or sports facility infrastructure shall require the lessee, licensee, user or manager to be responsible for providing, at their sole cost and expense, insurance coverage in the types and amounts consistent with professional sports industry standards. The authority shall be named as an additional insured on any such insurance coverage.
(i) The authority is hereby authorized to fix, charge and collect fees or rents in order to recover all or part of the operating expenses incurred in carrying out its functions.
(j) In addition to the powers expressly granted in this act and provided that the exercise of such powers does not conflict with any agreement between the authority and the professional sports team, the authority shall have all powers necessary or incidental thereto, including, but not limited to, the following:
(1) To make grants of money to other public or private persons and any organization that is described in section 501(c)(3) of the federal internal revenue code of 1986, as amended, or any corresponding provision of any future revenue law;
(2) notwithstanding any other provision of law relating to the investment of state moneys or interest thereon, to receive, hold, use, deposit, withdraw, invest, expend and manage all funds and moneys of the authority, including interest thereon, from any source;
(3) to deposit any moneys of the authority in any banking institution within or without the state or in any depository authorized to receive such deposits, with one or more persons to act as custodians of the moneys in each respective depository, and to give surety bonds in such amounts in the form and for such purposes as the authority requires; and
(4) to enter into such contracts, agreements, joint ventures, partnerships, options, leases, loan agreements, deeds and other instruments with public and private entities and take such other actions as may be necessary or convenient to accomplish any purpose for which the authority is organized or exercise any power expressly granted hereunder.
(k) Notwithstanding any other provision of law to the contrary, the authority and its members, directors, employees and agents shall be subject to and covered by the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto. The purchase of insurance, participation in an insurance plan or creation of a self-insurance fund by the authority shall not be deemed to be a waiver or relinquishment of any sovereign immunity to which the authority or its directors, employees or agents are otherwise entitled.
(l) (1) Commencing on January 15, 2027, and on or before January 15 of each year thereafter, the authority shall provide a written report to the legislative coordinating council, the senate committee on commerce and the house of representatives committee on commerce, labor and economic development. Such report shall include, at the level of detail as requested by the respective committee or chairperson thereof:
(A) (i) The current status of the sports facility and sports facility infrastructure;
(ii) actions and operations of the authority during the previous year with respect to the acquisition, construction and development of the sports facility or sports facility infrastructure; and
(iii) the projected construction and development of the sports facility and sports facility infrastructure and planned operations and actions of the authority in the current year ahead;
(B) any other actions of the authority undertaken pursuant to the provisions of this act; and
(C) any other information pertaining to the status, actions, activities and operations of the authority requested by the respective committee or chairperson thereof.
(2) At the request of any such committee, the chairperson and executive director of the authority shall appear before such committee and provide testimony regarding the report.
(m) Any lease or use agreement between the authority and a professional sports team shall provide for the disposition of the sports facility upon expiration or nonrenewal of the agreement and relocation of the team outside the state in a manner that ensures the authority shall have no ongoing financial obligation, liability or maintenance responsibility. Such provisions may include, but not be limited to:
(1) Conveyance of the sports facility and related improvements to the professional sports team, with the team assuming all costs, liabilities and obligations associated therewith; or
(2) payment by the professional sports team of the reasonable costs of demolition of the primary stadium structure.
New Sec. 6. (a) Sports facilities under this act shall be operated in a first-class manner, similar to and consistent with other comparable sports facilities of the same kind.
(b) The authority and the professional sports team shall agree to minimum annual sports facility utilization requirements by the state and its designees in order to host noncompeting community events, subject to sports facility availability for which the professional sports team shall have scheduling priority.
New Sec. 7. The authority shall be exempt from the following laws, unless otherwise provided for in this act:
(a) K.S.A. 12-1675 through 12-1677, and amendments thereto;
(b) K.S.A. 75-1250 through 75-1270, and amendments thereto;
(c) K.S.A. 75-2925 through 75-2975, and amendments thereto;
(d) K.S.A. 75-6601 through 75-6607, and amendments thereto;
(e) K.S.A. 77-501 through 77-550, and amendments thereto;
(f) K.S.A. 75-3739 through 75-3740, and amendments thereto; and
(g) K.S.A. 75-37,102 and 75-37,132, and amendments thereto.
New Sec. 8. (a) This act shall be liberally construed. Nothing contained herein is or shall be construed as a restriction or limitation upon any powers that the authority might otherwise have under any other law of this state, and the provisions of this act are cumulative to such powers. The provisions hereof shall be construed to provide a complete, additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to any other laws. It is the intent of the legislature to grant the authority all powers necessary and convenient to develop, construct, acquire and operate sports facilities and sports facility infrastructure in furtherance of the public purpose of providing state-owned and operated venues for the economic, cultural and recreational benefit of the citizens of the state. In carrying out such purposes, the authority shall be deemed to be a political subdivision of the state performing essential governmental functions. Insofar as the provisions of this act are inconsistent with the provisions of any other law, whether general, specific or local, the provisions of this act shall be controlling. Notwithstanding anything in this act to the contrary, the powers granted to the authority shall not be exercised in a way that conflicts with the terms and conditions set forth in the STAR bond agreement dated December 22, 2025, and executed by the Kansas City chiefs football club, inc. and the state of Kansas. Notwithstanding anything in this act to the contrary, nothing in this subsection or this act shall be construed so as to authorize, permit or provide any obligation, liability or debt of the authority to be an obligation, liability or a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas.
(b) The provisions of this act are severable. If any portion of the act is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.
Sec.
9. K.S.A. 12-17,160 is hereby amended to read as follows:
12-17,160.
It is hereby declared to be the purpose of this act to promote,
stimulate and develop the general and economic welfare of the state
of Kansas and its communities and to assist in the development and
redevelopment of eligible areas within and without a city thereby
promoting the general welfare of the citizens of this state,
through tourism
by authorizing cities and counties to acquire certain property and
to issue sales tax and revenue (STAR) bonds for the financing of
STAR bond projects as defined in K.S.A. 12-17,162, and amendments
thereto. It is further found and declared that the powers conferred
by this act are for a public purpose and public use for which public
money may be expended
and the power of eminent domain may be exercised.
The necessity in the public interest for the provisions of this act
is hereby declared as a matter of legislative determination.
Sec. 10. K.S.A. 2025 Supp. 12-17,162 is hereby amended to read as follows: 12-17,162. As used in the STAR bonds financing act, unless a different meaning clearly appears from the context:
(a) "Auto race track facility" means: (1) An auto race track facility and facilities directly related and necessary to the operation of an auto race track facility, including, but not limited to, grandstands, suites and viewing areas, concessions, souvenir facilities, catering facilities, visitor and retail centers, signage and temporary hospitality facilities, but excluding (2) hotels, motels, restaurants and retail facilities, not directly related to or necessary to the operation of such facility.
(b) "Commence work" means the manifest commencement of actual operations on the development site, such as, erecting a building, excavating the ground to lay a foundation or a basement or work of like description according to an approved plan of construction, with the intention and purpose to continue work until the project is completed.
(c) "De minimis" means an amount less than 15% of the land area within a STAR bond project district.
(d) "Developer" means any person, firm, corporation, partnership or limited liability company other than a city and other than an agency, political subdivision or instrumentality of the state. "Developer" includes the names of the owners, partners, officers or principals of the developer for purposes of inclusion of the name of the developer into any application, document or report pursuant to this act if such application, document or report is a public record.
(e) "Economic impact study" means a study to project the financial benefit of the project to the local, regional and state economies.
(f) "Eligible area" means a historic theater, major amusement park area, major tourism area, major motorsports complex, auto race track facility, river walk canal facility, major multi-sport athletic complex, major business facility, a major commercial entertainment and tourism area or a major professional sports complex as determined by the secretary.
(g) "Feasibility study" means a feasibility study as defined in K.S.A. 12-17,166(b), and amendments thereto.
(h) "Historic theater" means a building constructed prior to 1940 that was constructed for the purpose of staging entertainment, including motion pictures, vaudeville shows or operas, that is operated by a nonprofit corporation and is designated by the state historic preservation officer as eligible to be on the Kansas register of historic places or is a member of the Kansas historic theatre association.
(i) "Historic theater sales tax increment" means the amount of state and local sales tax revenue imposed pursuant to K.S.A. 12-187 et seq., 79-3601 et seq. and 79-3701 et seq., and amendments thereto, collected from taxpayers doing business within the historic theater that is in excess of the amount of such taxes collected prior to the designation of the building as a historic theater for purposes of this act.
(j) "Major business facility" means a significant business headquarters or office building development designed to draw a substantial number of new visitors to Kansas and that has agreed to provide visitor tracking data to the secretary as requested by the secretary, including, but not limited to, residence zip code information, to be provided or held by the secretary without personally identifiable information. A major business facility shall meet sales tax increment revenue requirements that shall be established by the secretary independent of any associated retail businesses located in the STAR bond project district pursuant to the STAR bond project plan.
(k) "Major commercial entertainment and tourism area" means an area that may include, but not be limited to, a major multi-sport athletic complex.
(l) "Major motorsports complex" means a complex in Shawnee county that is utilized for the hosting of competitions involving motor vehicles, including, but not limited to, automobiles, motorcycles or other self-propelled vehicles other than a motorized bicycle or motorized wheelchair. Such project may include racetracks, all facilities directly related and necessary to the operation of a motorsports complex, including, but not limited to, parking lots, grandstands, suites and viewing areas, concessions, souvenir facilities, catering facilities, visitor and retail centers, signage and temporary hospitality facilities, but excluding hotels, motels, restaurants and retail facilities not directly related to or necessary to the operation of such facility.
(m) "Major tourism area" means an area for which the secretary has made a finding the capital improvements costing not less than $100,000,000 will be built in the state to construct an auto race track facility.
(n) "Major multi-sport athletic complex" means an athletic complex that is utilized for the training of athletes, the practice of athletic teams, the playing of athletic games or the hosting of events. Such project may include playing fields, parking lots and other developments including grandstands, suites and viewing areas, concessions, souvenir facilities, catering facilities, visitor centers, signage and temporary hospitality facilities, but excluding hotels, motels, restaurants and retail facilities, not directly related to or necessary to the operation of such facility.
(o) "Major professional sports complex" means a project, approved or pursuant to an authorized agreement as provided by K.S.A. 2025 Supp. 12-17,181, and amendments thereto, located within this state including a stadium of not less than 30,000 seats for the purpose of the holding of national football league or major league baseball athletic contests and other events and gatherings or a practice or training facility utilized by a major professional sports franchise and all buildings, improvements, facilities or attractions located within any STAR bond project district as defined in subsection (cc)(2).
(p) "Major professional sports franchise" means any corporation, partnership or other entity that owns a team or franchise that is a member of the national football league or major league baseball that is located in any state adjacent to Kansas.
(q) "Market study" means a study to determine the ability of the project to gain market share locally, regionally and nationally and the ability of the project to gain sufficient market share to:
(1) Remain profitable past the term of repayment; and
(2) maintain status as a significant factor for travel decisions.
(r) "Market impact study" means a study to measure the impact of the proposed project on similar businesses in the project's market area.
(s) "Museum facility" means a separate newly-constructed museum building and facilities directly related and necessary to the operation thereof, including gift shops and restaurant facilities, but excluding hotels, motels, restaurants and retail facilities not directly related to or necessary to the operation of such facility. The museum facility shall be owned by the state, a city, county, other political subdivision of the state or a non-profit corporation, shall be managed by the state, a city, county, other political subdivision of the state or a non-profit corporation and may not be leased to any developer and shall not be located within any retail or commercial building.
(t) "Project" means a STAR bond project.
(u) "Project costs" means those costs necessary to implement a STAR bond project plan, including costs incurred for:
(1) Acquisition of real property within the STAR bond project area;
(2) payment of relocation assistance pursuant to a relocation assistance plan as provided in K.S.A. 12-17,173, and amendments thereto;
(3) site preparation including utility relocations;
(4) sanitary and storm sewers and lift stations;
(5) drainage conduits, channels, levees and river walk canal facilities;
(6) street grading, paving, graveling, macadamizing, curbing, guttering and surfacing;
(7) street light fixtures, connection and facilities;
(8) underground gas, water, heating and electrical services and connections located within the public right-of-way;
(9) sidewalks and pedestrian underpasses or overpasses;
(10) drives and driveway approaches located within the public right-of-way;
(11) water mains and extensions;
(12) plazas and arcades;
(13) parking facilities and multilevel parking structures devoted to parking only;
(14) landscaping and plantings, fountains, shelters, benches, sculptures, lighting, decorations and similar amenities;
(15) auto race track facility;
(16) major multi-sport athletic complex;
(17) museum facility;
(18) major motorsports complex;
(19) rural redevelopment project, including costs incurred in connection with the construction or renovation of buildings or other structures;
(20) major professional sports complex, including all costs necessary to implement a STAR bond project plan for the development of a major professional sports complex, including, but not limited to, costs incurred for construction or renovation of a stadium and other buildings, improvements, structures, facilities, infrastructure improvements and utilities or any related expenses to develop and finance such complex;
(21) related expenses to redevelop and finance the project, except that for a STAR bond project financed with special obligation bonds payable from the revenues described in K.S.A. 12-17,169(a)(1) or (a)(2)(A) and (a)(2)(B), and amendments thereto, such expenses shall require prior approval by the secretary of commerce; and
(22) except as specified in paragraphs (1) through (21) above, "project costs" does not include:
(A) Costs incurred in connection with the construction of buildings or other structures;
(B) fees and commissions paid to developers, real estate agents, financial advisors or any other consultants who represent the developers or any other businesses considering locating in or located in a STAR bond project district;
(C) salaries for local government employees;
(D) moving expenses for employees of the businesses locating within the STAR bond project district;
(E) property taxes for businesses that locate in the STAR bond project district;
(F) lobbying costs;
(G) any bond origination fee charged by the city or county;
(H) any personal property as defined in K.S.A. 79-102, and amendments thereto; and
(I) travel, entertainment and hospitality.
(v) "Projected market area" means any area within the state in which the project is projected to have a substantial fiscal or market impact upon businesses in such area.
(w) "River walk canal facilities" means a canal and related water features which flow through a major commercial entertainment and tourism area and facilities related or contiguous thereto, including, but not limited to, pedestrian walkways and promenades, landscaping and parking facilities.
(x) "Rural redevelopment project" means a project that will enhance the quality of life in the community and the region and is in:
(1) An
area outside of a metropolitan area with a population of more than
50,000, that is of regional importance,
and
with capital investment of at least $3,000,000
and that will enhance the quality of life in the community and
region;
or
(2) a county with a population under 100,000 within the Kansas City or Wichita metropolitan statistical areas, of regional importance and with capital investment of at least $3,000,000.
(y) "Sales
tax and revenue"
are those
means
revenues
that are
available to finance the issuance of special obligation bonds as
identified in K.S.A. 12-17,168, and amendments thereto.
(z) "STAR bond" means a sales tax and revenue bond.
(aa) "STAR bond project" means:
(1) An approved project to implement a project plan for the development of the established STAR bond project district that:
(A) (i) Has at least a $75,000,000 capital investment and $75,000,000 in projected gross annual sales; or
(ii) for metropolitan areas with a population of between 50,000 and 75,000, has at least a $40,000,000 capital investment and $40,000,000 in projected gross annual sales, if the project is deemed of high value by the secretary; or
(B) for areas outside of metropolitan areas with a population of more than 50,000, the secretary finds the project:
(i) Is an eligible area as defined in subsection (f); and
(ii) would be of regional or statewide importance;
(C) is a major tourism area as defined in subsection (m);
(D) is a major motorsports complex, as defined in subsection (l); or
(E) is a rural redevelopment project as defined in subsection (x); or
(2) a project approved or pursuant to an authorized agreement as provided by K.S.A. 2025 Supp. 12-17,181, and amendments thereto, to implement one or more project plans for the development of a major professional sports complex with a combined capital investment of not less than $1,000,000,000.
(bb) "STAR bond project area" means the geographic area within the STAR bond project district, in which there may be one or more projects or which facilitates the development of one or more projects.
(cc) "STAR bond project district" means:
(1) (A) The specific area declared to be an eligible area as determined by the secretary in which the city or county may develop one or more STAR bond projects. A "STAR bond project district" includes a redevelopment district, as defined in K.S.A. 12-1770a, and amendments thereto, created prior to the effective date of this act for the Wichita Waterwalk project in Wichita, Kansas, provided, the city creating such redevelopment district submits an application for approval for STAR bond financing to the secretary on or before July 31, 2007, and receives a final letter of determination from the secretary approving or disapproving the request for STAR bond financing on or before November 1, 2007.
(B) No
STAR bond project district shall include real property which has
been part of another STAR bond project district unless
such:
(i) Such STAR bond project and STAR bond project district have been approved by the secretary of commerce pursuant to K.S.A. 12-17,164 and 12-17,165, and amendments thereto, prior to March 1, 2016; or
(ii) such prior STAR bond project district was established pursuant to paragraph (2) relating to a major professional sports complex.
(C) A
STAR bond project district
as defined pursuant to this paragraph
in a metropolitan area with a population of more than 50,000, shall
be a contiguous parcel of real estate and shall be limited to those
areas being developed by the STAR bond project and any area of real
property reasonably anticipated to directly benefit from the
redevelopment
STAR bond
project; or
(2) the specific area approved or pursuant to an authorized agreement as provided by K.S.A. 2025 Supp. 12-17,181, and amendments thereto, and that is declared to be an eligible area as determined by the secretary in which the city or county, or the secretary independently or with the participation of the city or county, as provided by K.S.A. 12-17,164, and amendments thereto, may develop one or more STAR bond projects as defined in subsection (aa)(2). Such area may include real property that is or has been a part of another STAR bond project district, however, any outstanding STAR bonds issued for such other STAR bond project district shall have priority for repayment. Any STAR bond project district as defined pursuant to this paragraph shall not be required to contain contiguous parcels of real estate or be limited to those areas being developed pursuant to any such STAR bond project.
(dd) "STAR bond project district plan" means the preliminary plan that identifies all of the proposed STAR bond project areas and identifies in a general manner all of the buildings, facilities and improvements in each that are proposed to be constructed or improved in each STAR bond project area.
(ee) "STAR bond project plan" means the plan adopted by a city or county for the development of a STAR bond project or projects in a STAR bond project district. "STAR bond project plan" includes a plan adopted by the secretary independently, the secretary with the participation of a city or county or a city or county as approved by the secretary, as provided by K.S.A. 12-17,164, and amendments thereto, for the development of a STAR bond project or projects as defined in subsection (aa)(2) in a STAR bond project district as defined in subsection (cc)(2) and approved or pursuant to an authorized agreement as provided by K.S.A. 2025 Supp. 12-17,181, and amendments thereto.
(ff) "Secretary" means the secretary of commerce.
(gg) "Substantial change" means, as applicable, a change wherein the proposed plan or plans differ substantially from the intended purpose for which the STAR bond project district plan was approved.
(hh) "Tax increment" means:
(1) Except
as provided in paragraph (2), that portion of the revenue derived
from state and local sales, use and transient guest tax imposed
pursuant to K.S.A. 12-187 et seq., 12-1692 et seq., 79-3601 et seq.
and 79-3701 et seq., and amendments thereto, collected from
taxpayers doing business within
that portion of a STAR bond project district occupied by a project
one or more STAR bond project areas
that is in excess of the amount of base year revenue. For purposes
of this subsection, the base year shall be the 12-month period
immediately prior to the month in which the STAR bond project
district is established. The department of revenue shall determine
base year revenue by reference to the revenue collected during the
base year from taxpayers doing business within the specific area in
which a STAR bond project district is subsequently established. The
base year of a STAR bond project district, following the addition of
area to the STAR bond project district, shall be the base year for
the original area, and with respect to the additional area, the base
year shall be any 12-month period immediately prior to the month in
which additional area is added to the STAR bond project district.
For purposes of this subsection, revenue collected from taxpayers
doing business within a STAR bond project district, or within a
specific area in which a STAR bond project district is subsequently
established shall not include local sales and use tax revenue that
is sourced to jurisdictions other than those in which the project is
located. The secretary of revenue and the secretary of commerce
shall certify the appropriate amount of base year revenue for
taxpayers relocating from within the state into a STAR bond
district.
(2) With respect to any STAR bond project district as defined in subsection (cc)(2), "tax increment" may include all revenue described in paragraph (1) collected from retail sales from any business within such STAR bond project district. "Tax increment" shall include all revenue derived from the sale of alcoholic liquor as defined in K.S.A. 79-41a01, and amendments thereto, pursuant to K.S.A. 79-4101 and 79-41a02, and amendments thereto, collected from consumers purchasing alcoholic liquor within such STAR bond project district that is in excess of the amount of base year revenue for such taxes. The "tax increment" for any such STAR bond project district that has been independently established by the secretary as provided by K.S.A. 12-17,164, and amendments thereto, shall not include local sales, use or transient guest tax imposed pursuant to K.S.A. 12-187 et seq. and 12-1692 et seq., and amendments thereto, unless approved by a participating city or county as provided by K.S.A. 12-17,164, and amendments thereto. If a STAR bond project district as defined in subsection (cc)(2) includes real property that is or has been part of another previously approved STAR bond project district, the "tax increment" shall also exclude that portion of state and local sales, use or transient guest tax revenue pledged to repayment of any STAR bonds issued for a previously approved STAR bond project within such other district while such bonds are outstanding. The amount of base year revenue for any revenue derived from the sale of alcoholic liquor and any state sales and use taxes shall be set by the secretary in the secretary's sole discretion upon the establishment of a STAR bond project district as defined in K.S.A. 12-17,162(cc)(2), and amendments thereto. If local sales, use or transient guest tax revenue are also pledged by a city or county, whether such city or county is participating with the secretary, or is itself establishing such STAR bond project district, as provided by K.S.A. 12-17,164, and amendments thereto, the amount of base year revenue for such local tax revenues shall be set by the city or county in the city or county's discretion and approved by the secretary. Base year revenue determinations by the secretary or by the city or county as approved by the secretary shall not be required to be based on the procedure provided in paragraph (1).
(ii) "Taxpayer" means a person, corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, group or other entity that is subject to the Kansas income tax act, K.S.A. 79-3201 et seq., and amendments thereto.
(jj) "Major amusement park area" means an area containing a STAR bond project with amusement rides. "Amusement ride" includes:
(A) Buildings necessary to house and operate such amusement park rides, buildings immediately adjacent and attached to such amusement park rides and a building necessary to house a conference center within the major amusement park area; and
(B) attractions that allow for visitors to enjoy an interactive experience with licensed intellectual property. Such attractions shall be at least 25,000 square feet and have the capacity to draw over 100,000 people per year.
Sec. 11. K.S.A. 2025 Supp. 12-17,164 is hereby amended to read as follows: 12-17,164. (a) (1) (A) (i) The governing body of a city may establish one or more STAR bond projects in any area within such city or wholly outside the boundaries of such city. A STAR bond project wholly outside the boundaries of such city must be approved by the board of county commissioners by the passage of a county resolution.
(ii) The governing body of a county may establish one or more STAR bond projects in any unincorporated area of the county.
(iii) No STAR bond project as defined by K.S.A. 12-17,162(aa)(2), and amendments thereto, shall be established by a city or county unless approved pursuant to K.S.A. 2025 Supp. 12-17,181, and amendments thereto.
(B) The governing body of a city or county may elect to participate in a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, established independently by the secretary pursuant to an agreement authorized by K.S.A. 2025 Supp. 12-17,181, and amendments thereto, by pledging local sales, use and transient guest tax revenues for the repayment of STAR bonds issued by the Kansas development finance authority pursuant to this section and K.S.A. 12-17,169, and amendments thereto. If the governing body of the city or county elects to participate, the governing body of the city or county shall hold a public hearing and pass an appropriate ordinance or resolution specifying the city or county's pledge of such local revenues that meet any requirements of the secretary and the Kansas development finance authority. Such ordinance or resolution shall be passed not later than 60 days after the date of approval by the legislative coordinating council of the agreement pursuant to K.S.A. 2025 Supp. 12-17,181, and amendments thereto, or the secretary may proceed without the city or county's participation to establish the STAR bond project district and undertake the STAR bond project plan without further public notice or hearing, as provided by paragraph (2). The secretary's authority to proceed after such 60-day period without the city or county's participation shall not prohibit such city or county from subsequently participating in the STAR bond project, subject to the approval of the secretary. The ordinance or resolution of a city or county adopted for the purpose of electing to participate in a STAR bond project as provided by this paragraph shall not be subject to amendment, except that upon a written request from the secretary and a finding by the secretary that an amendment to such ordinance or resolution is necessary to carry out the purposes of the STAR bond project plan adopted for such project, the governing body of a city or county may amend such ordinance or resolution. No additional public hearing by the governing body of the city or county shall be required.
(C) The
projects shall be eligible for financing by special obligation bonds
payable from revenues described by K.S.A. 12-17,169(a)(1)
and,
(a)(2)(A) and (a)(2)(B), and amendments thereto. Upon approval by
the secretary, a STAR bond project as defined in K.S.A.
12-17,162(aa)(2),
and amendments thereto, may be financed by the Kansas development
finance authority as provided by K.S.A. 12-17,169, and amendments
thereto.
(2) In lieu of the procedure required for a city or county to establish a STAR bond project district and a STAR bond project set forth in K.S.A. 12-17,165 and 12-17,166, and amendments thereto, or to finance a project, the secretary may independently establish a STAR bond project district as defined in K.S.A. 12-17,162(cc)(2), and amendments thereto, undertake a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, or finance such a STAR bond project through special obligation bonds issued by the Kansas development finance authority as provided by K.S.A. 12-17,169(a)(2)(B), and amendments thereto, with or without the participation of the city or county. In such case, except as otherwise provided, in addition to all powers granted to the secretary, the secretary shall have the powers of a city or county as provided by the STAR bonds financing act necessary in the secretary's discretion to establish, undertake or finance the project through the Kansas development finance authority. The notice, procedural and hearing requirements of K.S.A. 12-17,165 and 12-17,166, and amendments thereto, shall not be applicable to the secretary. Such authority shall include changes to such district as provided by K.S.A. 12-17,171, and amendments thereto, and the establishment or modification of STAR bond project areas therein, except that no public notice or hearings shall be required and no such changes or modifications to the STAR bond project district or STAR bond project areas shall affect or modify the participation of any city or county, including the pledge of any city or county revenues or the boundaries of the area within which such city or county revenues are pledged as a source of repayment of STAR bonds issued by the Kansas development finance authority unless approved by the city or county as provided by paragraph (1)(B). Upon the approval of the secretary, the Kansas development finance authority is authorized to issue special obligation bonds in one or more series to finance such project. No revenue from local sales, use or transient guest taxes imposed pursuant to K.S.A. 12-187 et seq. and 12-1692 et seq., and amendments thereto, shall be pledged as a source of repayment of such special obligation bonds unless approved by the city or county as provided by paragraph (1)(B). Such bonds shall not be a general obligation of the state. Any such bonds and interest thereon shall be an obligation only of the Kansas development finance authority and shall not constitute a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas and shall not pledge the full faith and credit or the taxing power of the state of Kansas. Such bonds shall be payable, both as to principal and interest, solely from the revenue sources as provided by K.S.A. 12-17,169(a)(2)(B), and amendments thereto.
(3) The secretary's authority to approve STAR bond projects as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, including any such project established by a city or county or established independently by the secretary with or without the participation of the city or county shall be subject to K.S.A. 2025 Supp. 12-17,181, and amendments thereto.
(b) (1) Each STAR bond project shall first be approved by the secretary, if the secretary determines that the proposed project or complex sufficiently promotes, stimulates and develops the general and economic welfare of the state as described in K.S.A. 12-17,160, and amendments thereto. Except as provided in paragraph (2), the secretary, upon approving the project, may approve such financing in an amount not to exceed 50% of the total costs including all project costs and any other costs related to the project. The proceeds of such STAR bond financing may only be used to pay for incurred project costs.
(2) For a STAR bond project as defined in K.S.A 12-17,162(aa)(2), and amendments thereto, the secretary may approve such financing issued by the city or county or by the Kansas development finance authority, as applicable, in an amount not to exceed 70% of the total costs including all project costs and any other costs related to the project.
(c) For a city proposing to finance a major motorsports complex pursuant to K.S.A. 12-17,169(a)(1)(C) or (a)(1)(E), and amendments thereto, the secretary, upon approving the project, may approve such financing in an amount not to exceed 50% of the STAR bond project costs.
(d) The secretary may approve a STAR bond project located in a STAR bond project district established by a city prior to May 1, 2003.
(e) (1) Except as provided in paragraph (2), a project shall not be granted to any business that proposes to relocate its business from another area of the state into such city or county, for the purpose of consideration for a STAR bond project provided by K.S.A. 12-17,160 et seq., and amendments thereto.
(2) The provisions of paragraph (1) shall not apply to a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto.
(f) A project shall not be approved by the secretary if the market study required by K.S.A. 12-17,166, and amendments thereto, indicates a substantial negative impact upon businesses in the project or complex market area or the granting of such project or complex would cause a default in the payment of any outstanding special obligation bond payable from revenues authorized pursuant to K.S.A. 12-17,169(a)(1), and amendments thereto.
(g) (1) Except as provided in paragraph (2), the maximum maturity of special obligation bonds payable primarily from revenues described by K.S.A. 12-17,169(a)(1), and amendments thereto, to finance STAR bond projects pursuant to this section shall not exceed 20 years and the revenues described by K.S.A. 12-17,169(a), and amendments thereto, shall not be collected in any STAR bond project area for a term exceeding 20 years.
(2) Special obligation bonds issued by a city or county or, if applicable, by the Kansas development finance authority to finance a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, shall not exceed 30 years and the revenues described by K.S.A. 12-17,169(a), and amendments thereto, shall not be collected in any STAR bond project area for a term exceeding 30 years.
(h) The
secretary shall not approve any application for STAR bond project
financing which is submitted by a city or county more than one year
after the STAR bond project district in which the STAR bond project
is located has been established.
(i) For
the purpose of recovering the costs of the secretary and the
department arising from fulfilling administrative, review, approval,
oversight and other responsibilities under the STAR bonds financing
act and from providing assistance to cities, counties and private
businesses in relation to STAR bond projects, the secretary may
assess an administrative fee of up to 1%, not to exceed $200,000, of
the amount of the special obligation bonds payable from revenues
described by K.S.A. 12-17,169(a)(1) or (a)(2), and amendments
thereto, issued or reissued for STAR bond projects. The secretary
may also recover any actual costs incurred by the secretary in
excess of the fee. The fee, and any actual costs incurred by the
secretary in excess of the fee, shall be paid to the secretary from
the proceeds of such bonds. All such moneys received by the
secretary shall be remitted to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit
the entire amount in the state treasury to the credit of the STAR
bond administrative fee fund, which is hereby created in the state
treasury. All expenditures from the STAR bond administrative fee
fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary or a person or persons designated
by the secretary.
(i) (1) For STAR bond projects approved on and after July 1, 2026, prior to approving a STAR bond project, the secretary shall establish project-specific visitation goals for visitors from a distance of at least 100 miles and from outside the state, consistent with department of commerce guidelines and taking into account the nature, scale, location and phasing of the project. The secretary shall track visitation as provided by K.S.A. 12-17,166, and amendments thereto, and shall include in the secretary's annual report to the legislature the method of visitor origin tracking and aggregate visitation data, if available. Visitor tracking data shall be collected in the aggregate without personal identification information.
(2) For such projects for which STAR Bonds have been issued, commencing with the fifth calendar year following the year in which STAR bonds are initially issued, the secretary shall monitor available visitation data in relation to the visitation goals established pursuant to paragraph (1) on an annual basis. If the secretary determines that a STAR bond project is meeting the applicable visitation goal, the secretary may conclude such review. If the secretary determines that a STAR bond project is not meeting the applicable visitation goals, the secretary shall review visitation performance and discuss reasonable strategies with the developer to increase visitation at the developer's cost, which may include marketing efforts, programming adjustments or other appropriate measures. No outstanding, series, or any further or additional STAR bonds shall be issued for such STAR bond project unless the secretary approves such issuance upon a finding that the developer has addressed any visitation performance issues, including any adoption of reasonable strategies to increase visitation at the developer's cost, to the secretary's satisfaction. The secretary shall include a summary of such monitoring and any such review, discussion and actions taken with a developer in the secretary's annual report to the legislature.
Sec. 12. K.S.A. 12-17,166 is hereby amended to read as follows: 12-17,166. (a) One or more projects may be undertaken by a city or county within an established STAR bond project district upon submission of the project plan to the secretary of commerce and approval by the secretary as provided by K.S.A. 12-17,164, and amendments thereto. Any city or county proposing to undertake a STAR bond project shall prepare a STAR bond project plan in consultation with the planning commission of the city, and in consultation with the planning commission of the county, if any, if such project is located wholly outside the boundaries of the city. Any such project plan may be implemented in separate development stages.
(b) Any city or county proposing to undertake a STAR bond project within a STAR bond project district established pursuant to K.S.A. 12-17,165, and amendments thereto, shall prepare a feasibility study to be conducted by one or more consultants selected and approved by the secretary, and the costs shall be paid by the developer or the city or county. The secretary shall have control and oversight authority over the scope, conduct and methodology of the study. The secretary may establish a list of preapproved consultants and approved study parameters and methods. The feasibility study shall contain the following:
(1) Whether a STAR bond project's revenue and tax increment revenue and other available revenues under K.S.A. 12-17,169, and amendments thereto, are expected to exceed or be sufficient to pay for the project costs;
(2) the effect, if any, a STAR bond project will have on any outstanding special obligation bonds payable from the revenues described in K.S.A. 12-17,169, and amendments thereto;
(3) a statement of how the jobs and taxes obtained from the STAR bond project will contribute significantly to the economic development of the state and region;
(4) visitation
expectations and a plan describing how the number of visitors to the
STAR bond project district will be tracked and reported to the
secretary on an annual basis. Such plan shall include, but not be
limited to, obtaining and reporting visitor residence zip code data
to the secretary.
All businesses located in the STAR bond district shall provide
visitor residence data requested by the secretary. Any such data
shall be provided in an aggregate manner without personally
identifiable information;
(5) the unique quality of the project;
(6) economic impact study, including the anticipated effect of the project on the regional and statewide economies;
(7) market study;
(8) market impact study;
(9) integration and collaboration with other resources or businesses;
(10) the quality of service and experience provided, as measured against national consumer standards for the specific target market;
(11) project accountability, measured according to best industry practices;
(12) the expected return on state and local investment that the project is anticipated to produce;
(13) a net return on investment analysis;
(14) a statement concerning whether a portion of the local sales and use taxes are pledged to other uses and are unavailable as revenue for the STAR bond project. If a portion of local sales and use taxes is so committed, the applicant shall describe the following:
(A) The percentage of city and county sales and use taxes collected that are so committed; and
(B) the date or dates on which the city and county sales and use taxes pledged to other uses can be pledged for repayment of bonds;
(15) an anticipated principal and interest payment schedule on the bond issue;
(16) a summary of community involvement, participation and support for the STAR bond project; and
(17) a full disclosure and description of all state, federal and local tax incentives that apply or, pursuant to the project plan, are anticipated to apply within the STAR bond district or that apply to any business located in or, pursuant to the project plan, that will locate in the district.
The failure to include all information enumerated in this subsection in the feasibility study for a STAR bond project shall not affect the validity of bonds issued pursuant to this act.
(c) If the city or county determines the project is feasible, the project plan shall include:
(1) A summary of the feasibility study done as defined in subsection (b);
(2) a reference to the district plan established under K.S.A. 12-17,165, and amendments thereto, that identifies the project area that is set forth in the project plan that is being considered;
(3) a description and map of the project area to be redeveloped;
(4) the relocation assistance plan as described in K.S.A. 12-17,172, and amendments thereto;
(5) a detailed description of the buildings and facilities proposed to be constructed or improved in such area;
(6) the names of the owners, partners, officers or principals of any developer of the project and of any associated business partner of any developer of the project that is involved in the STAR bond project; and
(7) any other information the governing body of the city or county deems necessary to advise the public of the intent of the project plan.
(d) A copy of the STAR bond project plan prepared by a city shall be delivered to the board of county commissioners of the county and the board of education of any school district levying taxes on property within the STAR bond project area. A copy of the STAR bond project plan prepared by a county shall be delivered to the board of education of any school district levying taxes on property within the STAR bond project area.
(e) Upon a finding by the planning commission that the STAR bond project plan is consistent with the intent of the comprehensive plan for the development of the city, and a finding by the planning commission of the county, if any, with respect to a STAR bond project located wholly outside the boundaries of the city, that the STAR bond project plan is consistent with the intent of the comprehensive plan for the development of the county, the governing body of the city or county shall adopt a resolution stating that the city or county is considering the adoption of the STAR bond project plan. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the adoption of the STAR bond project plan and fix the date, hour and place of such public hearing. In addition to any other notice, such notice shall be conspicuously provided at a prominent location on the first page of the website of the county or city, if the county or city has a website;
(2) describe the boundaries of the STAR bond project district within which the STAR bond project will be located and the date of establishment of such district;
(3) describe the boundaries of the area proposed to be included within the STAR bond project area; and
(4) state that the STAR bond project plan, including a summary of the feasibility study, market study, relocation assistance plan and financial guarantees of the prospective developer and a description and map of the area to be redeveloped or developed are available for inspection during regular office hours in the office of the city clerk or county clerk, respectively.
(f) (1) The date fixed for the public hearing to consider the adoption of the STAR bond project plan shall be not less than 30 nor more than 70 days following the date of the adoption of the resolution fixing the date of the hearing.
(2) A copy of the city or county resolution providing for the public hearing shall be by certified mail, return receipt requested, sent by the city to the board of county commissioners of the county and by the city or county to the board of education of any school district levying taxes on property within the proposed STAR bond project area. Copies also shall be sent by certified mail, return receipt requested to each owner and occupant of land within the proposed STAR bond project area not more than 10 days following the date of the adoption of the resolution. The resolution shall be published once in the official city or county newspaper not less than one week nor more than two weeks preceding the date fixed for the public hearing. A sketch clearly delineating the area in sufficient detail to advise the reader of the particular land proposed to be included within the STAR bond project area shall be published with the resolution.
(3) At the public hearing, a representative of the city or county shall present the city's or county's proposed STAR bond project plan. The presentation shall include a discussion of the feasibility study, including a description of all state, federal and local tax incentives that apply within the STAR bond district or are anticipated to apply within the district pursuant to the project plan or to any business located in the district or that will locate in the district pursuant to the project plan. Following the presentation of the STAR bond project area, all interested persons shall be given an opportunity to be heard. The governing body for good cause shown may recess such hearing to a time and date certain, which shall be fixed in the presence of persons in attendance at the hearing.
(g) The public hearing records and feasibility study shall be subject to the open records act, K.S.A. 45-215, and amendments thereto, and, if the city or county has a website, shall be placed conspicuously on such website at the same location or linked to the same location on the first page of the website as the notice for the hearing.
(h) Upon conclusion of the public hearing, the governing body may adopt the STAR bond project plan by ordinance or resolution passed upon a two-thirds vote of the members.
(i) After the adoption by the city or county governing body of a STAR bond project plan, the clerk of the city or county shall transmit a copy of the description of the land within the STAR bond project district, a copy of the ordinance or resolution adopting the plan and a map or plat indicating the boundaries of the district to the clerk, appraiser and treasurer of the county in which the district is located and to the governing bodies of the county and school district which levy taxes upon any property in the district. Such documents shall be transmitted following the adoption or modification of the plan or a revision of the plan on or before January 1 of the year in which the increment is first allocated to the taxing subdivision.
(j) If the STAR bond project plan is approved, the feasibility study shall be supplemented to include a copy of the minutes of the governing body meetings of any city or county whose bonding authority will be utilized in the STAR bond project, evidencing that a STAR bond project plan has been created, discussed and adopted by the city or county in a regularly scheduled open public meeting. The secretary shall make the following information publicly available on the department of commerce's website:
(A) The feasibility study;
(B) the STAR bond project plan; and
(C) on a continuing basis, any subsequent modified versions of the information required by subparagraphs (A) and (B).
(k) Any substantial changes as defined in K.S.A. 12-17,162, and amendments thereto, to the STAR bond project plan as adopted shall be subject to a public hearing following publication of notice thereof at least twice in the official city or county newspaper.
(l) Any
STAR bond project shall be completed within 20 years from the date
of the approval of the STAR bond project plan.
The maximum maturity on bonds issued to finance projects pursuant to
this act shall not exceed 20 years.
(m) Kansas resident employees shall be given priority consideration for employment in construction projects located in a STAR bond project area.
(n) Any developer of a STAR bond project shall commence work on the project within two years from the date of adoption of the STAR bond project plan. Should the developer fail to commence work on the STAR bond project within the two-year period, funding for such project shall cease and the developer of such project or complex shall have one year to resubmit the project to the secretary and to appeal to the secretary for reapproval of such project and the funding for it. Should the project be reapproved, the two-year period for commencement shall apply.
(o) In collaboration with the STAR bond project developer or developers and the governing body of a city or county that established the STAR bond district, the secretary shall collect visitor data using ticket sales tracking, reliable software or other similar technology that tracks visitation trends for each STAR bond district that receives state sales tax revenues until the bond debt service associated with the STAR bond district has been satisfied but in any event not later than the maturity period of the bond issuance. The secretary shall compile and include this data in the report required to be submitted to the house of representatives committee on commerce, labor and economic development and the senate committee on commerce pursuant to K.S.A. 12-17,169, and amendments thereto. Any such data shall be collected in an aggregate manner without personally identifiable information.
(p) (1) In the event that all STAR bonds issued for a project, or issuance of bonds to refund or refinance bonds previously issued for such project, including any such bonds issued in one or more series for a project pursuant to a project plan approved prior to June 30, 2026, or project approved pursuant to an agreement executed pursuant to K.S.A. 12-17,181, and amendments thereto, have been paid in full prior to the maximum period allowed pursuant to the STAR bond financing act, in addition to any other applicable requirements pursuant to the STAR bonds financing act, the secretary of commerce shall not approve a new STAR bond project and a city or county or the Kansas development finance authority shall not issue new or additional STAR bonds for such new STAR bond project that are to be financed from sales tax or other revenues from the existing STAR bond project area unless:
(A) A new tax increment base for the proposed STAR bond project district area for the new project is established pursuant to the STAR bonds financing act; and
(B) the issuance of such new bonds is expressly approved in writing by both the secretary of commerce and the governing body of the city or county that created such district.
(2) Nothing in this subsection shall prohibit the issuance of bonds:
(A) In one or more series to finance a STAR bond project approved prior to June 30, 2026, including a project authorized under K.S.A. 12-17,181, and amendments thereto, and approved by the secretary and the legislative coordinating council prior to such date, without being subject to the requirements of paragraphs (1)(A) and (B);
(B) in one or more series to finance a STAR Bond project approved after June 30, 2026; or
(C) to refund or refinance bonds previously issued.
Sec. 13. K.S.A. 2025 Supp. 12-17,169 is hereby amended to read as follows: 12-17,169. (a) (1) Any city or county shall have the power to issue special obligation bonds in one or more series to finance the undertaking of any STAR bond project in accordance with the provisions of this act. Rural redevelopment projects, as defined in K.S.A. 12-17,162, and amendments thereto, may also be financed without the issuance of special obligation bonds up to an amount not to exceed $10,000,000 for each project. Such special obligation bonds or rural redevelopment project costs shall be made payable, both as to principal and interest:
(A) From revenues of the city or county derived from or held in connection with the undertaking and carrying out of any STAR bond project or projects under this act including historic theater sales tax increments;
(B) from
any private sources, contributions or other financial assistance
from the
state or
federal government;
(C) from
a pledge of 100% of the tax increment revenue received by the city
from any local sales and use taxes, including the city's share of
any county sales tax,
which
that
are collected from taxpayers doing business within
that portion of the city's STAR bond project district established
pursuant to K.S.A. 12-17,165, and amendments thereto, occupied by a
STAR bond project
one or more STAR bond project areas,
except for amounts committed to other uses by election of voters or
pledged to bond repayment prior to the approval of the STAR bond
project;
(D) at
the option of the county in a city STAR bond project district, from
a pledge of all of the tax increment revenues received by the county
from any local sales and use taxes
which
but
excluding any portions of such taxes that are allocated to the
cities in such county pursuant to K.S.A. 12-192, and amendments
thereto,
that
are collected from taxpayers doing business within
that portion of the city's STAR bond project district established
pursuant to K.S.A. 12-17,165, and amendments thereto
one or more STAR bond project areas,
except for amounts committed to other uses by election of voters or
pledged to bond repayment prior to the approval of a STAR bond
project;
(E) in
a county STAR bond project district, from a pledge of 100% of the
tax increment revenue received by the county from any county sales
and use tax, but excluding any portions of such taxes that are
allocated to the cities in such county pursuant to K.S.A. 12-192,
and amendments thereto, which are collected from taxpayers doing
business within
that portion of the county's STAR bond project district established
pursuant to K.S.A. 12-17,165, and amendments thereto, occupied by a
one or more
STAR bond project
areas;
(F) from
a pledge of all or a portion of the tax increment revenue received
from any state sales taxes which are collected from taxpayers doing
business within
that portion of the city's or county's STAR bond project district
occupied by a
one or more
STAR bond project
areas,
except that for any STAR bond project district established and
approved by the secretary on or after January 1, 2017, such tax
increment shall not include any sales tax revenue from retail
automobile dealers, and except that for any STAR bond project
district established after July 1, 2021, with existing sales tax
revenue at the time the district was established, such pledge shall
not exceed 90% of the new tax increment revenue that is in excess of
the base existing sales tax revenue received from any state sales
taxes;
(G) at the option of the city or county and with approval of the secretary, from all or a portion of the transient guest tax of such city or county;
(H) at
the option of the city or county and with approval of the secretary:
(i) From a pledge of all or a portion of increased revenue received
by the city or county from franchise fees collected from utilities
and other businesses using public right-of-way within the STAR bond
project district;
(ii) from a pledge of all or a portion of the revenue received by
the city or county from the establishment of a community improvement
district formed under K.S.A. 12-6a26 et seq., and amendments
thereto, or a transportation development district formed pursuant to
K.S.A. 12-17,140 et seq.,
and amendments thereto;
or
(ii)
(iii)
from a pledge of all or a portion of the revenue received by a city
or county from local sales
taxes,
use
or
local
transient guest
and local use
taxes
collected from taxpayers doing business outside of the boundaries of
the STAR bond project district;
or
(I) by any combination of these methods.
The city or county may pledge such revenue to the repayment of such special obligation bonds prior to, simultaneously with, or subsequent to the issuance of such special obligation bonds.
As authorized by the secretary, the Kansas development finance authority shall have the power to issue special obligation bonds in one or more series to finance the undertaking of a STAR bond project as defined in K.S.A. 12-17,162(aa)(1), and amendments thereto, that has been established by a city or county and approved by the secretary of commerce pursuant to K.S.A. 12-17,164 and 12-17,167, and amendments thereto. Such special obligation bonds shall not be general obligations of the state. Any such bonds and interest thereon shall be an obligation only of the Kansas development finance authority and shall not constitute a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas and shall not pledge the full faith and credit or the taxing power of the state of Kansas. Such special obligation bonds shall be made payable, both as to principal and interest, solely from the revenues described in subsection (a)(1)(A) through (I).
(2) (A) Special obligation bonds issued by a city or county to finance a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, that has been approved by the secretary in accordance with K.S.A. 2025 Supp. 12-17,181, and amendments thereto, shall be made payable, both as to principal and interest, from a pledge of:
(i) Any method or combination of the methods described in paragraph (1), except that tax increment revenue from sales taxes shall include sales tax revenue from all retail sales of any business located within the district and up to 100% of the new state sales tax increment revenue that is in excess of the base sales tax revenue, as set in the secretary's discretion, received from any state sales taxes. The city or county shall have discretion to set the base sales tax revenue for local sales and use taxes as approved by the secretary;
(ii) tax increment revenue from up to 100% of the taxes imposed on the sale of alcoholic liquor, as defined in K.S.A. 79-41a01, and amendments thereto, collected from sales within the district pursuant to K.S.A. 79-4101 and 79-41a02, and amendments thereto; and
(iii) if approved by the secretary, moneys from the attracting professional sports to Kansas fund of the department of commerce.
(B) As authorized by the secretary, the Kansas development finance authority shall have the power to issue special obligation bonds in one or more series to finance the undertaking of a STAR bond project as defined in K.S.A. 12-17,162(aa)(2), and amendments thereto, that has been established by a city or county and approved by the secretary of commerce pursuant to K.S.A. 2025 Supp. 12-17,181, and amendments thereto, or undertaken independently by the secretary pursuant to K.S.A. 12-17,164, and amendments thereto, with or without the participation of the city or county. Such special obligation bonds shall not be general obligations of the state. Any such bonds and interest thereon shall be an obligation only of the Kansas development finance authority and shall not constitute a debt of the state of Kansas within the meaning of section 6 or 7 of article 11 of the constitution of the state of Kansas and shall not pledge the full faith and credit or the taxing power of the state of Kansas. Such special obligation bonds shall be made payable, both as to principal and interest, solely from:
(i) Tax increment revenue as determined in the secretary's discretion, from up to 100% of state sales taxes, including state sales tax revenue from all retail sales of any business located within the district;
(ii) tax increment revenue from up to 100% of the taxes imposed on the sale of alcoholic liquor as defined in K.S.A. 79-41a01, and amendments thereto, from sales within the district pursuant to K.S.A. 79-4101 and 79-41a02, and amendments thereto;
(iii) if approved by the city or county, revenue from any of the other methods or combination of methods as provided in subparagraph (A)(i); and
(iv) if approved by the secretary, moneys from the attracting professional sports to Kansas fund of the department of commerce.
(C) For purposes of this paragraph, "district" means the STAR bond project district as defined in K.S.A. 12-17,162(cc)(2), and amendments thereto. Revenues may be collected pursuant to this paragraph from noncontiguous parcels of real estate and areas not being developed by a STAR bond project as defined in subsection (aa)(2) within such STAR bond project district.
(D) Any revenues that have been pledged to pay one or more STAR bonds previously issued pursuant to this act shall be used first to satisfy any remaining obligations of such bonds.
(3) Bonds issued by a city or county under subsection (a)(1) or (a)(2)(A) shall not be general obligations of the city or the county, nor in any event shall they give rise to a charge against its general credit or taxing powers, or be payable out of any funds or properties other than any of those set forth in subsection (a)(1) or (a)(2)(A) and such bonds shall so state on their face.
(4) Bonds issued by a city or county under the provisions of subsection (a)(1) or (a)(2)(A) shall be special obligations of the city or county and are declared to be negotiable instruments. Such bonds shall be executed by the mayor and clerk of the city or the chairperson of the board of county commissioners and the county clerk and sealed with the corporate seal of the city or county. All details pertaining to the issuance of such special obligation bonds and terms and conditions thereof shall be determined by ordinance of the city or by resolution of the county.
All special obligation bonds issued pursuant to this act and all income or interest therefrom shall be exempt from all state taxes. Such special obligation bonds shall contain none of the recitals set forth in K.S.A. 10-112, and amendments thereto. Such special obligation bonds shall, however, contain the following recitals: (i) The authority under which such special obligation bonds are issued; (ii) such bonds are in conformity with the provisions, restrictions and limitations thereof; and (iii) that such special obligation bonds and the interest thereon are to be paid from the money and revenue received as provided in subsection (a)(1) and (a)(2).
(5) Any
city or county issuing special obligation bonds under the provisions
of this act may refund all or part of such issue pursuant to the
provisions of K.S.A. 10-116a, and amendments thereto. If and as
approved by the secretary of commerce, the Kansas development
finance authority may refund all or part of any issue of special
obligation bonds issued for a project as defined in K.S.A.
12-17,162(aa)(2),
and amendments thereto, by the Kansas development finance authority
under the provisions of this act pursuant to the provisions of
K.S.A. 74-8912, and amendments thereto, and this act.
(6) Under no circumstance shall state general fund moneys be pledged for the repayment of any special obligation bond issued by a city or county to finance a STAR bond project pursuant to subsection (a)(1) or (a)(2).
(b) (1) Subject to the provisions of subsection (b)(2), any city shall have the power to issue full faith and credit tax increment bonds to finance the undertaking, establishment or redevelopment of any major motorsports complex, as defined in K.S.A. 12-17,162, and amendments thereto. Such full faith and credit tax increment bonds shall be made payable, both as to principal and interest: (A) From the revenue sources identified in subsection (a)(1) or by any combination of these sources; and (B) subject to the provisions of subsection (b)(2), from a pledge of the city's full faith and credit to use its ad valorem taxing authority for repayment thereof in the event all other authorized sources of revenue are not sufficient.
(2) Except as provided in subsection (b)(3), before the governing body of any city proposes to issue full faith and credit tax increment bonds as authorized by this subsection, the feasibility study required by K.S.A. 12-17,166(b), and amendments thereto, shall demonstrate that the benefits derived from the project will exceed the cost and that the income therefrom will be sufficient to pay the costs of the project. No full faith and credit tax increment bonds shall be issued unless the governing body states in the resolution required by K.S.A. 12-17,166(e), and amendments thereto, that it may issue such bonds to finance the proposed STAR bond project. The governing body may issue the bonds unless within 60 days following the conclusion of the public hearing on the proposed STAR bond project plan a protest petition signed by 3% of the qualified voters of the city is filed with the city clerk in accordance with the provisions of K.S.A. 25-3601 et seq., and amendments thereto. If a sufficient petition is filed, no full faith and credit tax increment bonds shall be issued until the issuance of the bonds is approved by a majority of the voters voting at an election thereon. Such election shall be called and held in the manner provided by the general bond law. The failure of the voters to approve the issuance of full faith and credit tax increment bonds shall not prevent the city from issuing special obligation bonds in accordance with this section. No such election shall be held in the event the board of county commissioners or the board of education determines, as provided in K.S.A. 12-17,165, and amendments thereto, that the proposed STAR bond project district will have an adverse effect on the county or school district.
(3) As an alternative to subsection (b)(2), any city which adopts a STAR bond project plan for a major motorsports complex, but does not state its intent to issue full faith and credit tax increment bonds in the resolution required by K.S.A. 12-17,166(e), and amendments thereto, and has not acquired property in the STAR bond project area may issue full faith and credit tax increment bonds if the governing body of the city adopts a resolution stating its intent to issue the bonds and the issuance of the bonds is approved by a majority of the voters voting at an election thereon. Such election shall be called and held in the manner provided by the general bond law. The failure of the voters to approve the issuance of full faith and credit tax increment bonds shall not prevent the city from issuing special obligation bonds pursuant to subsection (a)(1). Any project plan adopted by a city prior to the effective date of this act in accordance with K.S.A. 12-1772, and amendments thereto, shall not be invalidated by any requirements of this act.
(4) During the progress of any major motorsports complex project in which the project costs will be financed, in whole or in part, with the proceeds of full faith and credit tax increment bonds, the city may issue temporary notes in the manner provided in K.S.A. 10-123, and amendments thereto, to pay the project costs for the major motorsports complex project. Such temporary notes shall not be issued and the city shall not acquire property in the STAR bond project area until the requirements of subsection (b)(2) or (b)(3), whichever is applicable, have been met.
(5) Full faith and credit tax increment bonds issued under this subsection shall be general obligations of the city and are declared to be negotiable instruments. Such bonds shall be issued in accordance with the general bond law. All such bonds and all income or interest therefrom shall be exempt from all state taxes. The amount of the full faith and credit tax increment bonds issued and outstanding which exceeds 3% of the assessed valuation of the city shall be within the bonded debt limit applicable to such city.
(6) Any city issuing full faith and credit tax increment bonds under the provisions of this subsection may refund all or part of such issue pursuant to the provisions of K.S.A. 10-116a, and amendments thereto.
(c) (1) For each project established by a city or county financed with special obligation bonds payable from the revenues described in subsection (a)(1) and (a)(2), the city or county shall prepare and submit to the secretary by October 1 of each year, a report describing the status of any projects within such STAR bond project area, any expenditures of the proceeds of special obligation bonds that have occurred since the last annual report and any expenditures of the proceeds of such bonds expected to occur in the future, including the amount of sales tax revenue, how such revenue has been spent, the projected amount of such revenue, the anticipated use of such revenue and the names of the owners, partners, officers or principals of any developer and of any associated business partners of any developer that are involved in the STAR bond project. The department of commerce shall compile this information and submit a report annually to the governor and the legislature by February 1 of each year.
(2) (A) In addition to the report referenced in paragraph (1), the department of commerce, in cooperation with the department of revenue, shall submit a report to the senate commerce committee and the house commerce, labor and economic development committee by January 31 of each session. The report shall include the following information for the last three calendar years and the most current year-to-date information available with respect to each STAR bond district:
(i) The gross annual sales, gross annual sales projected pursuant to the STAR bond project plan and feasibility study, gross annual sales required to meet bond debt service requirements and other expenses, amount of sales tax collected and the amount of any "base" sales taxes being allocated to the district;
(ii) the total amount of bond payments and other expenses incurred;
(iii) the total amount of bonds issued and the balance of the bonds, by district and by project in the district;
(iv) the remaining cash balance in the project to pay future debt service and other expenses;
(v) any new income producing properties being brought into a district and the base revenue going to the state general fund and incremental sales tax increases going to the district with respect to such properties;
(vi) the amount of bonds issued to repay private investors in the project with calculations showing the private and state share of indebtedness;
(vii) the percentage of local effort sales tax actually committed to the district compared to the state's share of sales tax percentage committed to the district;
(viii) the
number of out-of-state visitors to a project and description of the
data gathered pursuant to the visitor tracking plan, including, but
not limited to, residence zip code data, a discussion of the visitor
attraction properties of projects in the districts, and a comparison
of the number of out-of-state visitors with the number of in-state
visitors;
and
(ix) the number of businesses that have moved into and out of each STAR bond district;
(x) (a) the number of businesses that relocated from a Kansas location into each STAR bond district;
(b) the amount of sales tax revenue lost from the sales tax base of each STAR bond district as the result of businesses moving out of the district or going out of business; and
(c) the total aggregate amount of local sales tax revenue lost to all jurisdictions outside STAR bond districts as the result of such relocations; and
(ix)(xi) if
any information or data is not available, an explanation as to why
it is not available.
(B) Either the senate commerce committee or the house committee on commerce, labor and economic development may amend the information required in the report with additional requests and clarification on a going forward basis.
(3) Cities, counties and developers shall provide all information requested by the secretary for the secretary's database as provided by K.S.A. 2025 Supp. 74-50,227, and amendments thereto. If the city or county has a website, a conspicuous link directly to the information pertaining to the city or county's STAR bond project on the secretary's database shall be placed on the city's or county's website. A separate link shall be provided for each STAR bond project of the city or county.
(d) The reports pursuant to subsection (c)(1) and (2) shall include a description of all state, federal and local tax incentives that apply within the STAR bond district or to any business located in the district.
(e) (1) A city or county may use the proceeds of special obligation bonds or any uncommitted funds derived from sources set forth in this section to pay the bond project costs as defined in K.S.A. 12-17,162, and amendments thereto, to implement the STAR bond project plan.
(2) As
authorized by the secretary, the Kansas development finance
authority may issue and use the proceeds of special obligation bonds
to pay the bond project costs as defined in K.S.A. 12-17,162, and
amendments thereto, to implement a STAR bond project plan for a
project as defined in K.S.A. 12-17,162(aa)(2),
and amendments thereto.
(f) With respect to a STAR bond project district established prior to January 1, 2003, for which, prior to January 1, 2003, the secretary made a finding as provided in subsection (a) that a STAR bond project would create a major tourism area for the state, such special obligation bonds shall be payable both as to principal and interest, from a pledge of all of the revenue from any transient guest, state and local sales and use taxes collected from taxpayers as provided in subsection (a) whether or not revenues from such taxes are received by the city.
Sec.
14. K.S.A. 12-17,172 is hereby amended to read as follows:
12-17,172.
(a)
Any city or county which has adopted a STAR bond project plan in
accordance with the provisions of this act may purchase or otherwise
acquire real property in connection with such project plan. Upon a
2/3
vote of the members of the governing body thereof, a city or county
may acquire by condemnation any interest in real property, including
a fee simple title thereto, which it deems necessary for or in
connection with any project plan of an area located within the
project district; however, eminent domain may be used only as
authorized by K.S.A. 26-501b, and amendments thereto.
Any
such city or county may exercise the power of eminent domain in the
manner provided by K.S.A. 26-501 et seq., and amendments thereto. In
addition to any compensation or damages allowed under the eminent
domain procedure act, such city or county shall also provide for the
payment of relocation assistance as provided in K.S.A. 12-17,173,
and amendments theretoNo
city or county shall exercise eminent domain power to acquire real
property for a STAR bond project.
(b) Any
real property
otherwise
acquired by a city or county
under the provisions of K.S.A. 26-501 et seq., and amendments
thereto,
may be sold, transferred or leased to a developer, in accordance
with the STAR bond project plan and under such other conditions as
may be agreed upon. Any real property acquired pursuant to this
section that is sold, transferred or leased to a project developer
for a specific project shall be sold, transferred or leased to such
developer on the condition that such property shall be used only for
that specific approved project. If the developer does not utilize
the entire tract of the real property acquired pursuant to this
section that is sold, transferred or leased in accordance with the
STAR bond project plan, that portion of property not used shall not
be sold, transferred or leased by the developer to another developer
party, but shall be deeded back to the city or county. If the
developer paid the city or county for the land, a percentage of the
original purchase price paid to the city or county
which
that
represents the percentage of the entire tract being deeded back to
the city or county shall be reimbursed to the developer upon the
deeding of the property back to the city or county.
(c) Any
transfer by the project developer of real property acquired pursuant
to this section shall be valid only if approved by a 2/3
majority vote of the members of the governing body of
this
the
city or county
where such real property is located.
Sec. 15. K.S.A. 12-17,179 is hereby amended to read as follows: 12-17,179. (a) A city that created a redevelopment district in an eligible area that was approved for STAR bonds prior to the effective date of this act for the city of Manhattan Discovery Center on December 28, 2006, and the Schlitterbahn project in Wyandotte county on December 23, 2005, may by ordinance elect to have the provisions of this act applicable to such redevelopment district.
(b) Subject
to the provisions of section 61(h) of chapter 5 of the 2020 Session
Laws of Kansas, the provisions of this act regarding STAR bond
projects shall expireThe
secretary shall not make a finding that a proposed STAR bond project
district is an eligible area
on and after July 1,
2026
2031.
Sec. 16. K.S.A. 2025 Supp. 22-4714 is hereby amended to read as follows: 22-4714. (a) A governmental agency other than a criminal justice agency as defined in K.S.A. 22-4701, and amendments thereto, identified in subsection (b) may require a person to be fingerprinted and shall submit such fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a search of the state and federal database. Fingerprints provided pursuant to this section may be used to identify a person and to determine whether such person has a record of criminal history in this state or in another jurisdiction. An agency identified in subsection (b) may use the information obtained from the criminal history record check for the purposes of verifying the identification of a person and in the official determination of the qualifications and fitness of such person to be issued or maintain employment, licensure, registration, certification or a permit, act as an agent of a licensee, hold ownership of a licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records, juvenile adjudications, juvenile non-adjudications, juvenile diversions and juvenile expunged records to:
(A) The Kansas department for children and families or the Kansas department for aging and disability services for initial or continuing employment or participation in any program administered for the placement, safety, protection or treatment of vulnerable children or adults as described in K.S.A. 75-53,105, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A. 75-7b01, and amendments thereto, in connection with such application as described in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7c02, and amendments thereto, in connection with such application as described in K.S.A. 75-7c05, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01, and amendments thereto, in connection with such application for certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the
attorney general for applicants as defined in K.S.A.
7e01
75-7e01,
and amendments thereto, in connection with such application as
described in K.S.A. 75-7e03, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in K.S.A. 74-8702, and amendments thereto, in connection with such employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for employees or licensees as defined in K.S.A. 74-8802, and amendments thereto, in connection with such employment or license as described in K.S.A. 74-8804, and amendments thereto, including an applicant for a simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records, juvenile adjudications, juvenile non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined in K.S.A. 65-6129, and amendments thereto, in connection with such application as described in K.S.A. 65-6129, and amendments thereto;
(B) the department of administration for candidates for sensitive employees as defined in K.S.A. 75-3707e, and amendments thereto, in connection with such employment as described in K.S.A. 75-3707e, and amendments thereto; and
(C) the state gaming agency for candidates for employees and licensees as defined in K.S.A. 74-9802, and amendments thereto, in connection with such employment or license as described in K.S.A. 74-9805, and amendments thereto.
(4) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for applicants as defined in K.S.A. 7-127, and amendments thereto, in connection with such application as described in K.S.A. 7-127, and amendments thereto; and
(B) the commission on peace officers' standards and training for applicants for certification under the Kansas law enforcement training act as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of commerce for a candidate for boxing commission as defined in K.S.A. 74-50,182, and amendments thereto, in connection with such appointment as described in K.S.A. 74-50,184, and amendments thereto;
(B) the secretary of health and environment for employees at a child care facility as defined in K.S.A. 65-503, and amendments thereto, in connection with such employment as described in K.S.A. 65-516, and amendments thereto;
(C) the secretary of commerce for final applicants for a sensitive position or employees in a sensitive position as defined in K.S.A. 2025 Supp. 74-5005a, and amendments thereto, in connection with such employment as described in K.S.A. 2025 Supp. 74-5005a, and amendments thereto;
(D) the secretary of labor for employees as defined in K.S.A. 75-5702, and amendments thereto, in connection with such employment as described in K.S.A. 75-5702, and amendments thereto; and
(E) the state bank commissioner for any officer, partner, member, owner, principal or director of an applicant or registrant in connection with such application or registration as described in K.S.A. 2025 Supp. 9-2411, and amendments thereto.
(6) The Kansas bureau of investigation shall release criminal history record information related to adult convictions and juvenile adjudications to:
(A) The secretary for aging and disability services for applicants as defined in K.S.A. 39-970, and amendments thereto, in connection with such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for applicants as defined in K.S.A. 39-2009, and amendments thereto, in connection with such application as described in K.S.A. 39-2009, and amendments thereto; and
(C) the secretary for aging and disability services for applicants as defined in K.S.A. 65-5117, and amendments thereto, in connection with such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history record information related to adult convictions and adult non-convictions to:
(A) The division of motor vehicles within the department of revenue for applicants for reinstatement of a license to drive a commercial motor vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as defined in K.S.A. 65-1501, and amendments thereto, in connection with such application or an investigation as described in K.S.A. 65-1505, and amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in K.S.A. 65-1626, and amendments thereto, in connection with such application or license as described in K.S.A. 65-1696, and amendments thereto;
(D) the state board of healing arts for applicants or licensees as defined in K.S.A. 65-2802, and amendments thereto, in connection with such application or an investigation as described in K.S.A. 65-28,129, and amendments thereto;
(E) the state board of healing arts for applicants or licensees as defined in K.S.A. 65-2901, and amendments thereto, in connection with such application or an investigation as described in K.S.A. 65-2924, and amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112, and amendments thereto, in connection with such application as described in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined in K.S.A. 74-7511, and amendments thereto, in connection with such application or license as described in K.S.A. 74-7511, and amendments thereto;
(H) the state lottery for a vendor to whom a major procurement contract is to be awarded in connection with an investigation as described in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions subject to confirmation by the senate and judicial appointees as described in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and amendments thereto, for nongubernatorial appointees as described in K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in K.S.A. 58-3035, and amendments thereto, or for licensees as defined in K.S.A. 58-3035, and amendments thereto, in connection with an investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in connection with such application as described in K.S.A. 40-4905, and amendments thereto;
(M) the
insurance commissioner for applicants as defined in K.S.A. 40-5501,
and amendments thereto, in connection with such application as
described in K.S.A. 40-5505, and amendments thereto;
and
(N) the state bank commissioner for applicants in control of a licensee, licensees or key individuals as defined in K.S.A. 2025 Supp. 9-555, and amendments thereto, in connection with such application as described in K.S.A. 2025 Supp. 9-565, and amendments thereto; and
(O) appointing authorities as defined in section 2, and amendments thereto, for appointees as described in section 3, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal history record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in K.S.A. 2-3901, and amendments thereto, in connection with such employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in connection with such application as described in K.S.A. 2-3906, and amendments thereto;
(C) the office of state fire marshal for applicants for registration as a hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in connection with such application as described in K.S.A. 2-3907, and amendments thereto;
(D) the department of agriculture for hemp destruction employees as defined in K.S.A. 2-3901, and amendments thereto, in connection with such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-508, and amendments thereto, in connection with such application as described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new executive officer or director with a money transmitter company as described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-1719, and amendments thereto, in connection with such application as described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as defined in K.S.A. 9-2201, and amendments thereto, in connection with such application, registration or license as described in K.S.A. 9-2209, and amendments thereto;
(I) the state banking board for any officer, director or organizer of a proposed fiduciary financial institution as defined in K.S.A. 9-2301, and amendments thereto, in connection with such role as described in K.S.A. 9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-104, and amendments thereto, in connection with such application as described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as defined in K.S.A. 17-2234, and amendments thereto, in connection with such employment as described in K.S.A. 17-2234, and amendments thereto;
(M) the division of alcoholic beverage control within the department of revenue for applicants as defined in K.S.A. 41-102, and amendments thereto, in connection with such application as described in K.S.A. 41-311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-1103, and amendments thereto, in connection with such employment as described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-1126, and amendments thereto, in connection with such license as described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A. 58-4102, and amendments thereto, in connection with an application or investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A. 58-4703, and amendments thereto, in connection with such application as described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as defined in K.S.A. 65-2401, and amendments thereto, in connection with such employment as described in K.S.A. 65-2402, and amendments thereto;
(S) the Kansas office of veterans services for candidates as defined in K.S.A. 73-1210a, and amendments thereto, in connection with an application as described in K.S.A. 73-1210a, and amendments thereto;
(T) a senate standing committee for a member named, appointed or elected to the public employee retirement systems board of trustee membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the department of revenue for employees as defined in K.S.A. 75-5133c, and amendments thereto, in connection with such employment as described in K.S.A. 75-5133c, and amendments thereto;
(V) the division of motor vehicles within the department of revenue for employees as defined in K.S.A. 75-5156, and amendments thereto, in connection with such employment as described in K.S.A. 75-5156, and amendments thereto;
(W) the Kansas commission for the deaf and hard of hearing for applicants as defined in K.S.A. 75-5397f, and amendments thereto, in connection with such application as described in K.S.A. 75-5393a, and amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for employees as defined in K.S.A. 75-5397f, and amendments thereto, in connection with such employment as described in K.S.A. 75-5393c, and amendments thereto;
(Y) the department of health and environment for employees as defined in K.S.A. 75-5609a, and amendments thereto, in connection with such employment as described in K.S.A. 75-5609a, and amendments thereto; and
(Z) an executive branch agency head for employees as defined in K.S.A. 75-7241, and amendments thereto, in connection with such employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall recess into a closed executive session pursuant to K.S.A. 75-4319, and amendments thereto, to receive and discuss criminal history record information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable fee for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received pursuant to this section shall be confidential and shall not be subject to the provisions of the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this paragraph shall expire on July 1, 2029, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this section for any purpose other than the purpose described in this section shall be a class A nonperson misdemeanor and shall constitute grounds for removal from office.
Sec. 17. K.S.A. 2025 Supp. 74-8793 is hereby amended to read as follows: 74-8793. (a) There is hereby established in the state treasury the attracting professional sports to Kansas fund. The attracting professional sports to Kansas fund shall be administered by the secretary of commerce. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce, or the secretary's designee, for the purpose set forth in this section.
(b) The
secretary of commerce is authorized to pledge
and use
all or a portion of the funds held in the attracting professional
sports to Kansas fund or sports wagering revenues credited to or to
be credited to the attracting professional sports to Kansas fund for
the benefit of any professional sports team
and used
to pay:
(1) Costs associated with the construction, rehabilitation, revitalization, expansion, maintenance, management or operation of a professional sports team's primary facility;
(2) the
principal or interest on any bonds issued by the state or any
municipality, including, but not limited to, bonds issued pursuant
to K.S.A. 12-1740 et seq., 12-1770 et seq. or 12-17,160 et seq., and
amendments thereto, which shall include any such financing
structured as pay-as-you-go, issued to fund the construction,
rehabilitation, revitalization
or,
expansion,
maintenance, management or operation
of a professional sports team's primary facility or any other
ancillary development to such primary facility;
or
(3) costs associated with approved community impact projects.
(c) Each month, the secretary of commerce shall certify to the director of accounts and reports the amount of moneys held in the attracting professional sports to Kansas fund that are in excess of the amount necessary for the purposes described in subsection (b). Upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the attracting professional sports to Kansas fund to the lottery operating fund established in K.S.A. 74-8711, and amendments thereto.
Sec. 18. K.S.A. 12-17,160, 12-17,166, 12-17,172, and 12-17,179 and K.S.A. 2025 Supp. 12-17,162, 12-17,164, 12-17,169, 22-4714 and 74-8793 are hereby repealed.";
Also on page 3, in line 4, by striking "statute book" and inserting "Kansas register";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after the semicolon; by striking all in lines 2 through 4; in line 5, by striking all before the semicolon and inserting "enacting the Kansas sports authority act to establish a sports authority to provide for the construction, financing and management of certain sports facilities and sports facility infrastructure and create venues for professional sports and other events; requiring members of the authority to submit to a state and national criminal history record check; authorizing STAR bond projects in major amusement park areas; permitting additional STAR bond districts where a major professional sports complex STAR bond district previously existed; clarifying geographic areas from which STAR bond revenues may be pledged; clarifying the length of time that revenues may be captured within a STAR bond project area; permitting cities or counties to pledge community improvement district or transportation development district revenues for the payment of STAR bonds; clearly establishing the authority of the secretary to set or modify STAR bond project district and STAR bond project areas without effect on local revenue pledges with respect to a major professional sports complex STAR bond district; permitting cities and counties, upon the request of the secretary, to modify their pledge area for a major professional sports complex STAR bond district; extending the expiration date of the STAR bonds financing act by prohibiting new STAR bond district approvals after July 1, 2031; clarifying the definition of a STAR bond project area; permitting the secretary to approve applications for STAR bond project financing more than one year after a STAR bond district has been established; condensing city, county and department of commerce notice, posting and reporting requirements; requiring a reset of the base year revenue for purposes of financing new STAR bonds in certain circumstances; clarifying that revenues from the attracting professional sports to Kansas fund may be used to pay management, operations and other costs of a professional sports team's primary facility; authorizing STAR bond projects in certain counties located in certain metropolitan statistical areas as rural redevelopment projects; setting certain visitor origin requirements and requiring certain enforcement by the secretary against developers that fail to meet such requirements; requiring the secretary to make certain information concerning STAR bond projects publicly available on the website of the department of commerce; prohibiting state general fund moneys from being pledged for the repayment of any special obligation bond issued by a city or county to finance a STAR bond project; prohibiting a city or county from using eminent domain to acquire real property for a STAR bond project; requiring the secretary to add to the secretary's annual report information regarding business movement into and out of STAR bond districts and local sales tax revenues lost as the result of such movement"; also in line 5, after "amending" by inserting "K.S.A. 12-17,160, 12-17,166, 12-17,172 and 12-17,179 and"; also in line 5, by striking "74-8133" and inserting "12-17,162, 12-17,164, 12-17,169, 22-4714 and 74-8793"; in line 6, by striking "section" and inserting "sections";
And your committee on conference recommends the adoption of this report.
Larry Alley
Stephen Owens
Oletha Faust Goudeau
Conferees on part of Senate
Sean Tarwater
Jill Ward
Stephanie Sawyer Clayton
Conferees on part of House
On motion of Rep. Tarwater, the conference committee report on HB 2466 was adopted.
On roll call, the vote was: Yeas 78; Nays 44; Present but not voting: 0; Absent or not voting: 3.
Yeas: Amyx, Anderson, Ballard, Bergquist, Bloom, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Carlin, W. Carpenter, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Esau, Essex, Estes, Francis, Goddard, Goetz, Haskins, Hawkins, Hoffman, Hoheisel, Howell, Howerton, Hoye, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McDonald, McNorton, Minnix, Neelly, Neighbor, Ohaebosim, Ousley, Pickert, Pishny, Rahjes, Reavis, Roeser, Roth, Ruiz, L., Sanders, Sawyer, Schlingensiepen, Schreiber, Schwertfeger, Smith, C., Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Winn.
Nays: Awerkamp, Barrett, Bergkamp, Blex, Boatman, Butler, Caiharr, Carmichael, B. Carpenter, Carr, Chauncey, Ellis, Fairchild, Featherston, Gardner, Helgerson, Helwig, Howe, Huebert, Martinez, Melton, Meyer, Moser, Mosley, Oropeza, Osman, Poetter, Poskin, Proctor, Rhiley, Ruiz, S., Sappington, Clayton, Schmoe, Seiwert, Simmons, Smith, A., Steele, Vaughn, Waggoner, Wikle, Wilson, Wolf, Xu.
Present but not voting: None.
Absent or not voting: Alcala, Weigel, Woodard.
EXPLANATION OF VOTE
Mr. Speaker: I vote No on HB 2466. Yesterday this body said we can allegedly only afford a 1% raise for the over 40,000 state employees we all represent, yet somehow today we can justify financing a demonstrably, objectively bad project for a billionaire
family that couldn't care less about our State or its people.
The median net worth of a Kansas family is $144,200. The Hunt family's net worth is $24.8 billion. Who do we work for? - Alexis Simmons
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2626 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, following line 6, by inserting:
"New Section 1. (a) The capitol preservation committee shall approve plans to place a permanent registry kiosk within the state capitol of Kansas military forces killed in action or who died of wounds incurred during active duty pursuant to K.S.A. 75-2269, and amendments thereto.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation and construction of the registry kiosk and to expend such moneys received for such purpose. The secretary of administration shall remit all moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas military forces registry kiosk fund. No public funds shall be expended for the purpose of financing the creation or construction of the registry kiosk.
(c) There is hereby established in the state treasury the Kansas military forces registry kiosk fund. Expenditures from the fund may be made for the purposes of creating and constructing the registry kiosk and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
New Sec. 2. (a) This act shall be known and may be cited as the safeguarding American veteran empowerment (SAVE) act.
(b) As used in this section:
(1) "Compensation" means a payment of any moneys, a thing of value or financial benefit conferred on or received by any person in return for services rendered or to be rendered.
(2) "Veterans benefits matter" means the preparation, presentation or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function, status or entitlement that veterans, their dependents, their survivors or any other person who is eligible under the laws and regulations administered by the United States department of veterans affairs or the Kansas office of veterans services.
(3) "Person" means any natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
(c) (1) No person may receive compensation for:
(A) Referring any veteran to another person for advice or assistance in such veteran's benefits matter; or
(B) any services rendered in connection with any claim filed within the one-year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that such veteran's active-duty release is within the one-year period but is choosing to deny the free services available to such veteran.
(2) A person seeking to receive compensation for advising, assisting or consulting with any veterans benefits matter shall, before rendering any services, memorialize the specific terms that specify the amount to be paid will be determined in a written agreement signed by both parties. Compensation shall be contingent upon an increase in the awarded benefits and, if successful, such compensation is capped at a one-time fee that shall not exceed five times the amount of the monthly increase in benefits awarded based on the claim or $12,500, whichever is less. No initial or nonrefundable fee may be charged by a person advising, assisting or consulting an individual on a veterans benefits matter.
(3) No person shall guarantee, either directly or by implication, a successful outcome or that any person is certain to receive specific veterans benefits or a specific level, percentage or amount of veterans benefits.
(4) (A) Any person advising, assisting or consulting on veterans benefits matters for compensation shall provide the following disclosure at the outset of the business relationship: "This business is not sponsored by or affiliated with the United States department of veterans affairs or the Kansas office of veterans services, or any other federally chartered veterans service organization. Other organizations, including, but not limited to, the Kansas office of veterans services, a local veterans service organization and other federally chartered veterans service organizations may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans benefits beyond the benefits for which you are receiving services here."
(B) The written disclosure shall appear in at least 12-point font in an easily identifiable place in the person's agreement with the individual seeking services. The person shall sign the document in which the written disclosure appears to represent understanding of these provisions. The person offering services shall retain a copy of the written disclosure while providing veterans benefits services for compensation and for at least one year after the date on which the service relations terminate.
(5) Businesses advising, assisting or consulting on veterans' benefits matters for a fee shall:
(A) Not utilize international call centers or data centers for processing veterans' personal information;
(B) not use a veteran's personal login, username or password information to access such veteran's medical, financial or government benefits information; and
(C) ensure that any person who has access to veterans' medical or financial information undergoes a criminal history record check prior to having access to that information. The criminal history record check shall be conducted by a reputable source and include identity verification and a criminal records check.
(d) (1) A violation of this section constitutes an unfair, false, misleading or deceptive act or practice in the conduct of trade or commerce under K.S.A. 50-623 et seq., and amendments thereto.
(2) Civil penalties shall be in an amount ordered by the district court in an action brought by the attorney general.
(3) Each day that a violation continues is a separate violation.
(4) Nothing in this section is to be construed as applying to or limiting or expanding the requirements imposed on agents, attorneys or other representatives accredited by the United States department of veterans affairs and regulated by such agency.
(e) Nothing in this section shall preclude claims or causes of action available to individuals under Kansas law.
New Sec. 3. (a) There is hereby established the Kansas military affairs commission. Such commission shall be advisory to the governor and shall be within and a part of the office of the governor.
(b) The governor's military council shall be and is hereby officially designated as the Kansas military affairs commission.
(1) On and after July 1, 2026, whenever the governor's military council or words of like effect is referred to or designated by statute, contract or other document, such reference or designation shall mean and apply to the Kansas military affairs commission.
(2) The Kansas military affairs commission shall be a continuation of the governor's military council.
(c) The Kansas military affairs commission shall consist of 16 voting members, except as may be adjusted pursuant to paragraph (9). The membership of the commission shall be composed of:
(1) The governor, who shall serve as chair of the commission, or the governor's designee;
(2) the adjutant general of the state of Kansas;
(3) the president of the senate or the president's designee;
(4) the speaker of the house of representatives or the speaker's designee;
(5) the minority leader of the senate or the minority leader's designee;
(6) the minority leader of the house of representatives or the minority leader's designee;
(7) the Kansas secretary of commerce;
(8) the executive director of the Kansas office of veterans services;
(9) one representative each from: (A) Leavenworth county; (B) Sedgwick county; (C) Shawnee county; and (D) Riley or Geary county, so long as such counties continue to have active military installations, as appointed by the governor;
(10) one active duty military spouse, either from the army or the air force, as appointed by the governor; and
(11) three qualified individuals with extensive military experience or expertise, as appointed by the governor.
(d) If an appointment cannot be made within 60 days after a seat becomes vacant, the governor may appoint any qualified person.
(e) Members appointed to the military affairs commission shall serve at the pleasure of the governor. Any vacancy in the appointed membership of the commission shall be filled in accordance with subsection (c).
(f) The commission shall also have 11 non-voting ex officio members appointed by the following:
(1) One member from each of the military installations in Kansas, including Fort Leavenworth, McConnell air force base, Fort Riley and the United States coast guard pay and personnel center;
(2) one member from each state educational institution, as defined in K.S.A. 76-711, and amendments thereto; and
(3) one member from the Kansas fusion center.
(e) The Kansas military affairs commission shall meet quarterly and may meet on a day and time determined by the chair.
(1) A majority of voting members of the commission constitutes a quorum for the purposes of conducting business and exercising the powers of the commission.
(2) Members of the commission shall be paid amounts pursuant to K.S.A. 75-3223(e), and amendments thereto.
(g) The governor shall appoint an executive director of the Kansas military affairs commission, and such commission shall designate the duties of the executive director. The executive director shall be the administrative officer of the commission and shall serve the commission by fostering cooperation between the installations and private and public sectors, forwarding proposals and evaluations to the governor, the legislature and various state agencies, pursuing initiatives to enhance the quality of life for all military personnel, both active and retired, and performing other duties necessary for the proper operation of the commission.
(h) The commission shall have the following functions, powers and duties:
(1) Provide advice, counsel and actionable recommendations on military-affiliated issues and economic and industrial development related to the military to the governor, state and federal agencies, the legislature, communities and the state's congressional delegation;
(2) provide sound, accurate and viable recommendations to expand and grow the current presence of the armed forces in the state, including expanded missions and infrastructure;
(3) plan and support state infrastructure needed to support military objectives;
(4) recommend methods to improve private and public employment opportunities and quality of life for the families of current and former members of the military that reside in Kansas;
(5) provide assistance to enable enhanced design and execution of community programs that strengthen relations between communities and the military installations to include defense-related business;
(6) serve as an advocate for the state of Kansas in matters related to United States department of defense expansion decisions;
(7) build community support for the armed services and prepare and maintain a strategic action plan that protects existing military missions in Kansas and positions the state to be competitive for new and increasing military missions; and
(8) promote the long-term viability and prosperity of the military and defense-related industries in Kansas and protect against all current and anticipated realignments and closures proposed by the United States department of defense that affects Kansas.";
On page 4, following line 40, by inserting:
"Sec.
5. K.S.A. 73-231 is hereby amended to read as follows: 73-231.
(a) As used in this section,:
(1) "Eligible spouse" means an individual who is married to servicemember or an active duty member of the military service of the United States who resides in and is stationed in Kansas.
(2) "Servicemember" means an individual who resides in and is stationed in Kansas and is:
(A) A current member in good standing of the United States army or air national guard; or
(B) a current member of a unit of the reserve forces of the United States military.
(3) "Veteran"
shall have the meaning ascribed to it
means the same as defined
in K.S.A. 73-201, and amendments thereto.
(b) There is hereby established a permissive preference in private employment for veterans, servicemembers and eligible spouses.
(c) A private employer may adopt an employment policy that gives preference in hiring to a veteran, servicemember or eligible spouse provided that the veteran, servicemember or eligible spouse meets the requirements of the vacant position.
(d) Such employment policy shall be:
(1) In writing; and
(2) applied consistently to all decisions regarding initial employment.
(e) TheA
veteran shall submit proof of such veteran's military service and
honorable discharge or general discharge under honorable conditions
to a private employer with such veterans preference employment
policy to establish eligibility for the preference.
A servicemember shall submit evidence of current military membership
in good standing and duty station in Kansas. An eligible spouse
shall submit proof of marriage to an eligible servicemember, proof
of living in Kansas and official documentation verifying the
servicemember's current military status, including military orders
reflecting such servicemember's assignment or a current leave and
earnings statement.";
Also on page 4, in line 41, before "K.S.A" by inserting "K.S.A. 73-231 and"; also in line 41, after "is" by inserting "are";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after the semicolon; in line 2, by striking all before the semicolon and inserting "directing the capitol preservation committee to develop and approve plans for a registry kiosk of Kansas military forces killed in action or who died of wounds sustained during active duty to be placed within the state capitol; relating to veterans benefits; enacting the safeguarding American veteran empowerment (SAVE) act to limit compensation for assisting in veterans benefits matters; establishing the Kansas military affairs commission; prescribing the powers and duties thereof"; also in line 2, by striking "such" and inserting "government employment veteran"; in line 3, after the semicolon, by inserting "expanding permissive preference in private employment to include servicemembers and such members' eligible spouses;"; in line 4, after "amending" by inserting "K.S.A. 73-231 and"; also in line 4, by striking "section" and inserting "sections";
And your committee on conference recommends the adoption of this report.
Mike Thompson
William Cliffird
Oletha Faust Goedeau
Conferees on part of Senate
Rick James
Shawn Chauncy
Virgil Weigel
Conferees on part of House
On motion of Rep. James, the conference committee report on HB 2626 was adopted.
On roll call, the vote was: Yeas 85; Nays 38; Present but not voting: 0; Absent or not voting: 2.
Yeas: Anderson, Awerkamp, Barrett, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Bergkamp, Boatman, Paige, Carlin, Carmichael, Carr, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Turner, Vaughn, Wikle, Winn, Xu.
Present but not voting: None.
Absent or not voting: Weigel, Woodard.
EXPLANATION OF VOTE
Mr. Speaker: I vote no on HB 2626. It's unfortunate that so many good bills were bundled with such a bad bill. Major proponents of the bill are embroiled in a whistle blower lawsuit, and I cannot vote in conscious to expose veterans to fraud in the name of profit. – Abi Boatman
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2333 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 13 through 35;
By striking all on page 2;
On page 3, by striking all in lines 1 through 38; following line 38 by inserting:
"New Section 1. (a) This section shall be known and may be cited as the Kansas intellectual rights and knowledge act or KIRK act.
(b) As used in the KIRK act:
(1) "Benefit" means recognition, registration, the use of postsecondary educational institution facilities for meetings or speaking purposes, use of channels of communication and funding sources that are otherwise available to student associations at the postsecondary educational institution.
(2) "Campus community" means students, administrators, faculty and staff of a postsecondary educational institution. "Campus community" includes invited guests of such students, administrators, faculty and staff.
(3) "Expressive activity" means lawful verbal, written, audio-visual or electronic means by which individuals may communicate ideas to one another. "Expressive activity" includes, but is not limited to, peaceful assembly, protests, speeches, guest speaker presentations, distribution of literature, holding signs and circulating petitions.
(4) "Harassment" means expression that is unwelcome and so severe, pervasive and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the postsecondary educational institution.
(5) (A) "Materially and substantially disrupt" means when an individual, with the intent to do so or has knowledge of doing so, significantly hinders another individual or group of individuals from expressive activity, prevents communication of a message or transaction of business of a lawful meeting, gathering or procession by:
(i) Engaging in fighting, violence or other unlawful behavior; or
(ii) physically blocking or using threats of violence to prevent any individual from attending, hearing, viewing or otherwise participating in an expressive activity.
(B) "Materially or substantially disrupt" does not include isolated, minor, brief or fleeting nonviolent disruptions of events or conduct that is protected under the First Amendment of the United States Constitution or the Constitution of the State of Kansas, including, but not limited to, lawful protests in outdoor areas of campus that are generally accessible to members of the public unless reserved in advance.
(6) "Outdoor areas of campus" means the generally accessible outside areas of the campus of a postsecondary educational institution where members of the campus community are commonly allowed. "Outdoor areas of campus" includes, but is not limited to, grassy areas, walkways or other similar common areas. "Outdoor areas of campus" does not include outdoor areas where public access is restricted.
(7) "Postsecondary educational institution" means the same as defined in K.S.A. 74-3201b, and amendments thereto.
(8) "Student" means any individual who is enrolled full time or part time in a postsecondary educational institution.
(9) "Student association" means an officially recognized group at a postsecondary educational institution or group seeking official recognition that is compromised of admitted students and receives or is seeking to receive benefits through the postsecondary educational institution.
(c) (1) Expressive activities are hereby deemed protected and outdoor areas of campus are hereby deemed public forums for the campus community to engage in expressive activities. Postsecondary educational institutions shall not create free speech zones or other designated areas of campus outside of which expressive activities are prohibited.
(2) Postsecondary educational institutions may maintain and enforce reasonable time, place and manner restrictions narrowly tailored in service of a significant institutional interest only when such restrictions are clear, the contents are published and viewpoint-neutral and provide ample alternative means of expression. Any such restrictions shall allow for the campus community to spontaneously and contemporaneously assemble or distribute literature.
(3) Nothing in this subsection shall be construed as limiting the right of student expression in campus spaces that are not outdoor areas of campus.
(d) (1) Any individual who wishes to engage in non-commercial expressive activity on campus shall be permitted to do so freely, so long as the individual's conduct is lawful and does not materially and substantially disrupt the functioning of the postsecondary educational institution.
(2) Postsecondary educational institutions may charge security fees to a student or student association as part of an application for any expressive activity that requires a permit, except that no postsecondary educational institution may charge security fees based on the content of the expressive activity of the student, student association, an invited guest or anticipated reaction to the expressive activity of such student, student association or invited guest. The requirement or amount of any such security fee shall only be determined on the basis of content-neutral and viewpoint-neutral criteria, including, but not limited to, the location of the activity, the anticipated size of the audience and whether alcohol will be served. Each postsecondary educational institution shall publish the criteria that such institution used for assessing such security fee.
(3) Nothing in this subsection shall be construed to:
(A) Prevent postsecondary educational institutions from maintaining and enforcing reasonable time, place and manner restrictions on expressive activity if such restrictions are:
(i) Narrowly tailored to serve a significant institutional interest;
(ii) employ clear, published, content-neutral and viewpoint-neutral criteria; and
(iii) allow the campus community to spontaneously and contemporaneously assemble, speak or distribute literature;
(B) prevent postsecondary educational institutions from prohibiting, limiting or restricting expression not protected by the First Amendment of the Constitution of the United States or prohibiting harassment; or
(C) enable individuals to engage in conduct that intentionally, materially and substantially disrupts another individual's expressive activity if such activity is occurring in a campus space that is reserved for such activity under the exclusive use or control of such individual, student or student association.
(e) Each postsecondary educational institution shall:
(1) Publish on its website and in any handbooks and orientation programs, such institution's policies, regulations or expectations of students regarding free expression on campus;
(2) develop materials, programs and procedures to ensure that any individual who is responsible for student discipline or education, including, but not limited to, administrators, campus police officers, residence life officials and professors, understand the policies, regulations and duties of the postsecondary educational institution regarding free expression on campus; and
(3) (A) annually submit a report to the governor and the legislature on or before the first day of the regular legislative session that includes:
(i) The course of action implemented to comply with the requirements of this act, including any changes or updates to such course of action;
(ii) a description of any barriers to or incidents of disruptions of expressive activity on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into any speech by students or student associations. Such description shall include the nature of each barrier or incident and any disciplinary action taken against the campus community determined to be responsible for such barrier or incident, but such description shall keep confidential any personally identifiable information of each student involved; and
(iii) any other information that the postsecondary educational institution deems valuable for the public to evaluate whether free expression rights of all members of the campus community have been equally protected and enforced as provided in this act.
(B) The report shall be accessible from the postsecondary educational institution's website home page by use of not more than three links, searchable by keywords and phrases and accessible to the public without requiring registration or use of a username, password or other identification measures.
(C) If a postsecondary educational institution has been sued for an alleged violation of First Amendment rights, such institution shall submit a supplementary report to the governor and the legislature that includes a copy of the complaint or any amended complaint within 30 days of receiving notice that such complaint has been filed.
(f) (1) The attorney general or any individual whose expressive rights were violated through violation of this act may bring an action against a postsecondary educational institution and any agent of such institution acting in an official capacity in a court of competent jurisdiction to enjoin a violation of this act and recover damages, reasonable court costs and attorney fees. If the court finds a violation of this act in an action brought under this subsection, the court shall award the aggrieved individuals damages in an amount of not less than $500 for the initial violation and $50 for each day that such violation continues. The damages shall begin accruing the day immediately after the complaint is served on the postsecondary educational institution. If there are violations that harm multiple individuals, the court shall divide the damages equitably.
(2) Each day that the violation continues and each day that a policy in violation of this act remains in effect shall constitute a new day of the violation.
(g) A postsecondary educational institution that violates this act is not immune from suit or liability for such violation.
(h) The provisions of this act are severable. If any portion of the act is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.
Sec. 2. K.S.A. 60-5311 is hereby amended to read as follows: 60-5311. As used in K.S.A. 60-5311 through 60-5313, and amendments thereto:
(a) "Benefit" means the following:
(1) Recognition;
(2) registration;
(3) the use of facilities of the postsecondary educational institution for meetings or speaking purposes;
(4) the use of channels of communication of the postsecondary educational institution; and
(5) funding sources that are otherwise available to other student associations in the postsecondary educational institution.
(b) "Postsecondary
educational institution"
shall have the same meaning as that term is
means the same as
defined in K.S.A. 74-3201b, and amendments thereto.
(c) "Student"
means any
person
individual
who is enrolled
on a full-time or part-time basis
full time or part time
in a postsecondary educational institution.
(d) "Religious
Student
association" means
an association of students organized around shared religious beliefs
the same as defined in section 1, and amendments thereto.
Sec. 3. K.S.A. 60-5312 is hereby amended to read as follows: 60-5312. No postsecondary educational institution may take any action or enforce any policy that would deny a religious, political or ideological student association any benefit available to any other student association, or discriminate against a religious, political or ideological student association with respect to such benefit, based on such association's requirement that the leaders or members of such association:
(a) Adhere to the association's sincerely held religious, political or ideological beliefs, values or mission;
(b) comply with the association's sincerely held religious, political or ideological beliefs, values or mission;
(c) comply
with the association's sincere
religious
standards of conduct; or
(d) be
committed to furthering the association's
religious
missions,
as such
or purposes, including any
religious,
political or ideological
beliefs
or values,
observance requirements, standards of conduct or missions
are
as
defined by the
religious
student association,
or the religion on which the association is based.
Sec.
4. K.S.A. 60-5313 is hereby amended to read as follows: 60-5313.
Any student or
religious
student association aggrieved by a violation of K.S.A. 60-5312, and
amendments thereto, may bring a cause of action against the
postsecondary educational institution for such violation and seek
appropriate relief, including, but not limited to, monetary damages.
Any student or
religious
student association aggrieved by a violation of K.S.A. 60-5312, and
amendments thereto, also may assert such violation as a defense or
counterclaim in any civil or administrative proceedings brought
against such student or
religious
student association.";
Also on page 3, in line 39, by striking all after "K.S.A."; in line 40, by striking all before "are" and inserting "60-5311, 60-5312 and 60-5313"; in line 42, by striking "Kansas register" and inserting "statute book";
On page 1, in the title, in line 1, by striking all after "concerning"; by striking all in lines 2 through 6; in line 7, by striking all before the semicolon and inserting "education; relating to postsecondary educational institutions; enacting the Kansas intellectual rights and knowledge act; providing a civil cause of action and penalties for violations of such act; authorizing students and student associations to exercise political and ideological beliefs, values and missions"; in line 8, by striking "2024 Supp. 40-102 and 75-6301" and inserting "60-5311, 60-5312 and 60-5313"; in line 9, by striking all after "sections"; in line 10, by striking all before the period;
Also on page 1, following line 10, by inserting:
"WHEREAS, Charlie Kirk was a courageous American whose life was tragically and unjustly cut short in an act of political violence on September 10, 2025, at Utah Valley University; and
WHEREAS, In 2012, Charlie Kirk, at 18 years old, founded Turning Point USA, a student movement with the mission to "identify, educate, train, and organize students to promote the principles of fiscal responsibility, free markets and limited government"; and
WHEREAS, Charlie Kirk was a devoted Christian who boldly lived out his faith with conviction, courage and compassion and used his platform to encourage the free exchange of ideas, respectfully engaging in public debates on college campuses across America, including on college campuses in Kansas, as well as at foreign universities like Oxford; and
WHEREAS, Charlie Kirk embodied the principles of the First Amendment of the Constitution of the United States by exercising his God-given right to speak freely and challenge prevailing narratives, and he did so with honor, courage and respect for his fellow Americans, serving as a role model for young Americans across the political spectrum; and
WHEREAS, The assassination of Charlie Kirk was not only a heinous act of violence but a sobering reminder of the growing threat posed by political extremism and violence in our society; and
WHEREAS, Such acts of politically motivated violence are antithetical to the principles of our nation, where differences of opinion are not to be silenced but are to be debated with civility, reason and mutual respect; and
WHEREAS, Leaders at every level, including government, education, media and beyond, must stand united in unequivocal condemnation of political violence, regardless of ideology; and
WHEREAS, The tragic loss of Charlie Kirk should serve as a turning point to recommit ourselves to the timeless American principles of liberty governed by truth and the virtues of peaceful dialogue; and
WHEREAS, The First Amendment of the United States Constitution protects the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association and to petition the Government for all citizens; and
WHEREAS, The Supreme Court has called public universities, "peculiarly the marketplace of ideas," Healy v. James, 408 U.S. 169, 180 (1972), where young adults learn to exercise these constitutional rights necessary to participate in our system of government and to tolerate others' exercise of the same rights. There is "no room for the view that…First Amendment protections should apply with less force on college campuses than in the community at large," Healy, 408 U.S. at 180; and
WHEREAS, College campuses should be bastions of intellectual diversity, open debate and the free exchange of ideas, regardless of political or ideological affiliation; and
WHEREAS, While speaking at Kansas State University on September 13, 2024, Charlie Kirk's microphone was turned off while he was still answering student questions, forcing him to continue his event by dangerously walking into the crowd; and
WHEREAS, In 2022, the University of Kansas School of Law attempted to suppress speakers for a student association based merely on the viewpoint of the speakers invited on campus; and
WHEREAS, The legislature finds that public universities in this state are failing to provide adequate safeguards for the First Amendment rights of students, leading to a stifling of expression on campus; and
WHEREAS, The legislature condemns the politically motivated death of Charlie Kirk, all politically motivated violence and those who celebrate such violence; and
WHEREAS, The legislature extends its condolences to Erika Kirk, their two young children, the entire Kirk family and Turning Point USA and all its subsidiaries in the loss of their husband, father, family member and organizational leader; and
WHEREAS, The legislature has determined that a significant amount of taxpayer dollars is appropriated to public institutions of higher education each year and as such, this legislature must ensure that all public institutions of higher education receiving state funds recognize freedom of speech as a fundamental right for all.
Now, therefore:";
And your committee on conference recommends the adoption of this report.
Renee Erickson
Adam Thomas
Conferees on part of Senate
Susan Estes
Kyle McNorton
Conferees on part of House
On motion of Rep. Estes, the conference committee report on HB 2333 was adopted.
On roll call, the vote was: Yeas 85; Nays 39; Present but not voting: 0; Absent or not voting: 1.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Borjon, Paige, Carlin, Carmichael, Carr, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Roeser, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Vaughn, Wikle, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Weigel.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2402 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed as Senate Substitute for House Bill No. 2402, as follows:
On page 1, in line 8, before "Section 1." by inserting "New"; in line 9, after "district" by inserting "with one or more schools with at least 50% of students who qualify for free meals through direct certification under the national school lunch program"; in line 10, after "meals" by inserting "through direct certification"; following line 32, by inserting:
"(d) This section shall take effect and be in force on and after July 1, 2026.
Sec.
2. K.S.A. 72-4223 is hereby amended to read as follows: 72-4223.
(a) Except as provided in K.S.A. 72-4225, and amendments thereto,
the board of education of any school district may apply to the state
board for a grant of authority to operate such school district as a
public innovative district. The application shall be submitted in
the form and manner prescribed by the state board,
and
shall be submitted
not later than
December 1
May 1
of the school year preceding the school year in which the school
district intends to operate as a public innovative district.
(b) The application shall include the following:
(1) A description of the educational programs of the public innovative district;
(2) a description of the interest and support for partnerships between the public innovative district, parents and the community;
(3) the specific goals and the measurable pupil outcomes to be obtained by operating as a public innovative district; and
(4) an explanation of how pupil performance in achieving the specified outcomes will be measured, evaluated and reported.
(c)
(1) Within
90
45
days from the date such application is submitted, the state board
shall review the application to determine compliance with this
section,
and
shall
approve or deny such application on or before the conclusion of such
90-day
45-day
period.
(2) If the application is determined to be in compliance with this section, the state board shall approve such application and grant the school district authority to operate as a public innovative district. Notification of such approval shall be sent to the board of education of such school district within 10 days after such decision.
(2)(3) If
the state board determines such application is not in compliance
with either this section,
or K.S.A. 72-4225, and amendments thereto, the state board shall
deny such application. Notification of such denial shall be sent to
the board of education of such school district within 10 days after
such decision and
shall
specify the reasons therefor. Within 30 days from the date such
notification is sent, the board of education of such school district
may submit a request to the state board for reconsideration of the
application and may submit an amended application with such request.
The state board shall act on the request for reconsideration within
60
45
days of receipt of such request.
(4) If the state board does not approve or deny such application within the 45-day period established in paragraph (1), the application shall be deemed approved.
(d) A public innovative district shall:
(1) Not charge tuition for any of the pupils residing within the public innovative district;
(2) participate in all Kansas math and reading assessments applicable to such public innovative district, or an alternative assessment program for measuring student progress as determined by the board of education;
(3) abide by all financial and auditing requirements that are applicable to school districts, except that a public innovative district may use generally accepted accounting principles;
(4) comply with all applicable health, safety and access laws; and
(5) comply with all statements set forth in the application submitted pursuant to subsection (a).
(e) (1) Except as otherwise provided in K.S.A. 72-4221 through 72-4230, and amendments thereto, or as required by the board of education of the public innovative district, a public innovative district shall be exempt from all laws and rules and regulations that are applicable to school districts.
(2) A public innovative district shall be subject to the special education for exceptional children act, the virtual school act, the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and amendments thereto, all laws governing the issuance of general obligation bonds by school districts, the provisions of K.S.A. 74-4901 et seq., and amendments thereto, and all laws governing the election of members of the board of education, the open meetings act as provided in K.S.A. 75-4317 et seq., and amendments thereto, and the open records act as provided in K.S.A. 45-215 et seq., and amendments thereto.
Sec. 3. K.S.A. 72-4225 is hereby amended to read as follows: 72-4225. (a) Until such time as two or more public innovative districts have been granted authority to operate as public innovative districts pursuant to K.S.A. 72-4223, and amendments thereto, any board of education of a school district desiring to operate as a public innovative district shall submit a request for approval to operate as a public innovative district to the governor, the chairperson of the senate committee on education and the chairperson of the house of representatives committee on education and have such request approved by a majority of the three persons prior to submitting an application to the state board under K.S.A. 72-4223, and amendments thereto. The request for approval shall include such information as is required to be included on an application for authority to operate as a public innovative district under K.S.A. 72-4223, and amendments thereto.
(b) Upon
the approval of the first two public innovative districts, the board
of education of a school district desiring to operate as a public
innovative district shall submit a request for approval to operate
as a public innovative district to the coalition board and have such
request approved by the coalition board prior to submitting any
application to the state board under K.S.A. 72-4223, and amendments
thereto. The coalition board, in its sole discretion, shall approve
or deny the request. As part of its review of such request, the
coalition board may make recommendations to the requesting school
district to modify the request,
and may consider any such modifications prior to making a final
decision.
(c) The request for approval required by subsection (b) shall include such information as is required to be included on an application for authority to operate as a public innovative district under K.S.A. 72-4223, and amendments thereto. Copies of the request for approval shall be submitted to each public innovative district that is a member of the coalition. Within 30 days after receipt of the request for approval by the last member to receive such request, the coalition board shall meet to approve or deny the request. Notification of the approval or denial of a request shall be sent to the board of education of the requesting school district within 10 days after such decision. If the coalition board does not approve or deny such request within 30 days, such request shall be deemed approved. If the request is denied, the notification shall specify the reasons therefor. Within 30 days from the date a notification of denial is sent, the board of education of the requesting school district may submit a request to the coalition board for reconsideration of the request for approval and may submit an amended request for approval with the request for reconsideration. The coalition board shall act on the request for reconsideration within 30 days of receipt of such request.
(d)
(1) Except as provided by paragraph (2) of this subsection,
no
not
more than 10% of the school districts in the state shall operate as
public innovative districts at any one time. Any request for
approval submitted at such time shall be denied by the coalition
board.
(2) An amount in excess of 10% but not to exceed 20% of school districts in the state may operate as public innovative districts if such school district operates a school within its district which is deemed to be either a title I focus school or a title I priority school as described by the state board under the elementary and secondary education act flexibility waiver, as amended in January of 2013. Any request for approval under this paragraph shall be reviewed by the coalition board for approval.
Sec. 4. K.S.A. 72-4223 and 72-4225 are hereby repealed.";
And by renumbering sections accordingly;
Also on page 1, in line 34, by striking "statute book" and inserting "Kansas register";
Also on page 1, in the title, in line 5, after "participation" by inserting "; relating to public innovative districts; extending the application deadline to operate as a public innovative district from December 1 to May 1; deeming applications approved if not approved or denied within a certain number of days; amending K.S.A. 72-4223 and 72-4225 and repealing the existing sections";
And your committee on conference recommends the adoption of this report.
Renee Erickson
Adam Thomas
Dinah Sykes
Conferees on part of Senate
Susan Estes
Kyle McNorton
Jerry Stogsdill
Conferees on part of House
On motion of Rep. Estes, the conference committee report on Sub Bill for HB 2402 was adopted.
On roll call, the vote was: Yeas 91; Nays 33; Present but not voting: 0; Absent or not voting: 1.
Yeas: Anderson, Awerkamp, Barrett, Bergkamp, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, B. Carpenter, W. Carpenter, Chauncey, Collins, Corbet, Croft, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Meyer, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Paige, Carmichael, Carr, Curtis, Featherston, Haskins, Hoye, Martinez, McDonald, Melton, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, L., Ruiz, S., Sawyer, Clayton, Schlingensiepen, Simmons, Stogsdill, Vaughn, Wikle, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Weigel.
EXPLANATION OF VOTE
Mr. Speaker: Today I vote to feed the children. I vote yes on HB 2402. Thank you – Lauren Bohi, Charlotte Esau
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2413 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, following line 8, by inserting:
"New Section 1. (a) The purpose of this section is to counter the threat and practice of transnational repression committed by foreign governments or foreign terrorist organizations against the citizens and residents of this state.
(b) As used in this section:
(1) "Agent" means a person directed or controlled by a foreign principal, including any person acting as a proxy for a person who is directed or controlled by a foreign principal.
(2) "Foreign adversary" means the following:
(A) (i) People's republic of China, including the Hong Kong special administrative region;
(ii) republic of Cuba;
(iii) islamic republic of Iran;
(iv) democratic people's republic of Korea;
(v) Russian federation;
(vi) Bolivarian republic of Venezuela; and
(vii) any organization that is designated as a foreign terrorist organization as of July 1, 2026, pursuant to 8 U.S.C. § 1189, as in effect on July 1, 2026, except as otherwise provided by rules and regulations adopted by the fusion center oversight board pursuant to subsection (e).
(B) "Foreign adversary" does not include the republic of China (Taiwan).
(3) "Foreign principal" means:
(A) The government or any official of the government of a foreign adversary;
(B) a political party or member of a political party or any subdivision of a political party of a foreign adversary;
(C) (i) a partnership, association, corporation, organization or other combination of persons:
(a) Organized under the laws of a foreign adversary;
(b) having its principal place of business in a foreign adversary; or
(c) owned or controlled, in whole or in part, by any person, entity or combination of persons or entities of a foreign adversary; or
(ii) a subsidiary of any such person.
(4) "Transnational repression" means actions and behaviors that are committed by an agent of a foreign principal, whether committed within or outside the jurisdiction of a foreign adversary, that emanate from or are attributable to such foreign principal and that are committed with the intention of harassment, intimidation, censorship or otherwise extending the ability of the foreign principal to influence, control or impose such foreign principal's preferences on the behavior of individuals outside the jurisdiction of the foreign adversary associated with the foreign principal either directly through physical contact, threats or electronic targeting or through indirect means, such as the actual or credible threat of collective punishment or harassment of individuals under the foreign adversary's effective control, financial coercion, abuse of administrative processes, selective prosecution of laws of general application or the use or direction of social media and telecommunications entities.
(c) A person commits a crime with the intent to commit transnational repression if such crime is:
(1) Undertaken by an agent of a foreign principal or foreign terrorist organization who acts knowingly at the direction of, on behalf of or under the influence of such foreign principal or foreign terrorist organization or any agent thereof with the intent to:
(A) Coerce another person to act on behalf of a foreign principal or foreign terrorist organization;
(B) coerce or cause another person to leave the United States;
(C) cause another person to forebear from engaging in conduct that is otherwise protected by the first amendment to the constitution of the United States; or
(D) retaliate against another person for engaging in conduct that is otherwise protected by the first amendment to the constitution of the United States; and
(2) not protected by the first amendment to the constitution of the United States.
(d) (1) Upon any occasion when an organization is designated as a foreign terrorist organization or has such designation revoked pursuant to 8 U.S.C. § 1189, the fusion center oversight board may adopt rules and regulations to reflect such designation or revocation of such designation but only after giving due consideration to the risks to state and national security and the economic costs and benefits of such action.
(2) In no case shall the fusion center oversight board adopt any rule or regulation pursuant to this section that would designate an organization as a foreign terrorist organization that is not designated as a foreign terrorist organization pursuant to 8 U.S.C. § 1189.
(e) (1) On or before July 1, 2027, the director of the Kansas bureau of investigation shall develop or adopt training in transnational repression recognition and response. Such training shall be regularly updated to address emerging threats and specific information on tactics used by specific foreign adversaries.
(2) The training shall include the following:
(A) How to identify different tactics of transnational repression in physical and nonphysical forms;
(B) identification of foreign principals that are known to employ transnational repression, including not only those who use transnational repression most frequently, but also those who use transnational repression most egregiously, including, but not limited to, tools of digital surveillance and other cybertools frequently used to carry out transnational repression activities;
(C) best practices for appropriate local and state law enforcement prevention, reporting and response tactics; and
(D) information about communities targeted by transnational repression.
(3) The director shall also develop public awareness information to inform members of the public about how to identify and report instances of transnational repression, including tools and remedies that are available for victims of transnational repression. Such public awareness information shall include:
(A) A website that is advertised widely to the public for the purpose of reporting transnational repression with a link to such website prominently displayed on the Kansas bureau of investigation's homepage website;
(B) reporting mechanisms available in multiple languages, including in the languages of commonly persecuted communities; and
(C) annual reporting on the number of complaints received and outcomes, including any instances of foreign interference in the reporting process.
(4) The university of Kansas and Kansas state university shall include information on transnational repression in campus disciplinary policies and provide for direct complaints of transnational repression to be made to a university liaison.";
Also on page 1, in line 28, after "(b)(9)" by inserting " or (b)(10)"; in line 31, by striking " or" and inserting ","; also in line 31, after "(b)(9)" by inserting " or (b)(10)"; in line 34, by striking " or" and inserting ","; also in line 34, after "(b)(9)" by inserting " or (b)(10)";
On page 2, in line 8, after "(b)(9)" by inserting " or (b)(10)";
Also on page 2, in line 15, by striking "and"; in line 17, after "felony" by inserting "; and
(10) property that is grain or hay is a severity level 6, nonperson felony";
Also on page 2, following line 21, by inserting:
"(2) "grain" means at least 400 bushels of:
(A) Barley, corn, flaxseed, oats, rye, sorghum, soybeans or wheat;
(B) any other food grains, feed grains and oilseeds subject to standards under 7 U.S.C. Ch. 3, as in effect on July 1, 2026; or
(C) any mix of the above;
(3) "hay" means at least 20,000 pounds of alfalfa, brome, clover or prairie hays or all other grasses or plants that are harvested for forage;";
Also on page 2, in line 22, by striking "(2)" and inserting "(4)";
And by redesignating subsections, paragraphs, subparagraphs and clauses accordingly;
Also on page 2, following line 37, by inserting:
"Sec. 3. K.S.A. 21-6412 is hereby amended to read as follows: 21-6412. (a) Cruelty to animals is:
(1) Knowingly and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal;
(2) knowingly abandoning any animal in any place without making provisions for its proper care;
(3) having physical custody of any animal and knowingly failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal;
(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment;
(5) knowingly but not maliciously killing or injuring any animal; or
(6) knowingly and maliciously administering any poison to any domestic animal.
(b) Cruelty to animals as defined in:
(1) Subsection (a)(1) or (a)(6) is a nonperson felony. Upon conviction of subsection (a)(1) or (a)(6), a person shall be sentenced to not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program; and
(2) subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(2)(B); and
(B) nonperson felony upon the second or subsequent conviction of cruelty to animals as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5). Upon such conviction, a person shall be sentenced to not less than five days or more than one year's imprisonment and be fined not less than $500 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein.
(c) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognized research facilities;
(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated, and amendments thereto;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal that is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an animal shelter, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such shelter;
(6) with respect to farm animals, normal or accepted practices of animal husbandry, including the normal and accepted practices for the slaughter of such animals for food or by-products and the careful or thrifty management of one's herd or animals, including animal care practices common in the industry or region;
(7) the killing of any animal by any person at any time that may be found outside of the owned or rented property of the owner or custodian of such animal and that is found injuring or posing a threat to any person, farm animal or property;
(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods;
(9) laying an equine down for medical or identification purposes;
(10) normal or accepted practices of pest control, as defined in K.S.A. 2-2438a(x), and amendments thereto; or
(11) accepted practices of animal husbandry pursuant to regulations promulgated by the United States department of agriculture for domestic pet animals under the animal welfare act, public law 89-544, as amended and in effect on July 1, 2006.
(d) The provisions of subsections (a)(2) and (a)(3) shall not apply to any person who catches a feral cat to provide vaccination, spaying or neutering and returns such cat back to the location where such cat is caught after providing the vaccination, spaying or neutering.
(e) The
provisions of subsection (a)(6) shall not apply to any person
exposing
who exposes
poison upon their premises for the purpose of destroying wolves,
coyotes or other predatory animals.
(e)(f) Any
public health officer, law enforcement officer, licensed
veterinarian or officer or agent of any animal shelter or other
appropriate facility may take into custody any animal, upon either
private or public property,
that
clearly shows evidence of cruelty to animals. Such officer, agent or
veterinarian may inspect, care for or treat such animal or place
such animal in the care of
an animal shelter
or licensed veterinarian for treatment, boarding or other care or,
if an officer of such
animal shelter
or such veterinarian determines that the animal appears to be
diseased or disabled beyond recovery for any useful purpose, for
humane killing. The owner or custodian, if known or reasonably
ascertainable,
shall be notified in writing.
If the owner or custodian is charged with a violation of this
section, the
law enforcement agency, district attorney's office, county
prosecutor, veterinarian or
animal shelter may petition the district court
in the county in which the animal was taken into custody
to
transfer ownership of
the animal at any time after 21 days after the owner or custodian is
notified,
unless the owner or custodian of the animal files and maintains a
renewable cash or performance bond with the county clerk of the
county in which the animal was taken into custody in an amount equal
to not less than the cost of care and treatment of the animal for 30
days. Such cash or performance bond shall be maintained and renewed
every 30 days as necessary to cover the cost of care and treatment
of such animal until disposition of the animal by the court. If
the owner or custodian is not known or reasonably ascertainable
after 21 days after the animal is taken into custody,
the law enforcement agency, district attorney's office, county
prosecutor, veterinarian or animal shelter may petition the district
court in the county in which the animal was taken into custody to
transfer ownership of the animal.
Upon receiving such petition, the court shall determine whether the
animal may be
transferred.
(f)(g) The
owner or custodian of an animal
transferred
pursuant to subsection
(e)
(f)
shall not be entitled to recover damages for the
transfer
of such animal unless the owner proves that such
transfer
was unwarranted.
(g)(h) Expenses
incurred for the care, treatment or boarding of any animal, taken
into custody pursuant to subsection (e)
(f),
pending prosecution of the owner or custodian of such animal for the
crime of cruelty to animals, shall be assessed to the owner or
custodian as a cost of the case if the owner or custodian is
adjudicated guilty of such crime. Any costs collected by the court
or through the cash or performance bond described in subsection (e)
(f)
shall be transferred to the entity responsible for paying the cost
of the care, treatment or boarding of the animal.
(h)(i) If
a person is
adjudicated guilty of the crime
convicted
of cruelty to animals, such animal shall not be returned to or
remain with such person. Such animal may be turned over to
an animal shelter
or licensed veterinarian for sale or other disposition.
(i)(j) As
used in this section:
(1) "Animal
shelter" means the same as
such term is
defined in K.S.A. 47-1701, and amendments thereto;
(2) "equine"
means a horse, pony, mule, jenny, donkey or hinny;
and
(3) "feral cat" means a cat that has no apparent owner or identification and appears to be unsocialized to humans and unmanageable or otherwise demonstrates characteristics normally associated with a wild or undomesticated animal; and
(4) "maliciously" means a state of mind characterized by actual evil-mindedness or specific intent to do a harmful act without a reasonable justification or excuse.
Sec. 4. K.S.A. 2025 Supp. 21-6804 is hereby amended to read as follows: 21-6804. (a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. The following sentencing guidelines grid shall be applicable to nondrug felony crimes:
(b) Sentences expressed in the sentencing guidelines grid for nondrug crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool. The grid's vertical axis is the crime severity scale which classifies current crimes of conviction. The grid's horizontal axis is the criminal history scale which classifies criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence. The appropriate punishment for a felony conviction should depend on the severity of the crime of conviction when compared to all other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place within the sentencing range. In the usual case it is recommended that the sentencing judge select the center of the range and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good time; and
(C) period of postrelease supervision at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall not negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an offender whose crime of conviction and criminal history place such offender in that grid block. If an offense is classified in a grid block below the dispositional line, the presumptive disposition shall be nonimprisonment. If an offense is classified in a grid block above the dispositional line, the presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal, aggravated battery against a law enforcement officer committed prior to July 1, 2006, or a violation of K.S.A. 21-5412(d), and amendments thereto, aggravated assault against a law enforcement officer, which places the defendant's sentence in grid block 6-H or 6-I shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the offender's sentence shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and amendments thereto, shall be as provided by the specific mandatory sentencing requirements of that section and shall not be subject to the provisions of this section or K.S.A. 21-6807, and amendments thereto.
(2) If because of the offender's criminal history classification the offender is subject to presumptive imprisonment or if the judge departs from a presumptive probation sentence and the offender is subject to imprisonment, the provisions of this section and K.S.A. 21-6807, and amendments thereto, shall apply and the offender shall not be subject to the mandatory sentence as provided in K.S.A. 21-5823, and amendments thereto.
(3) Notwithstanding the provisions of any other section, the term of imprisonment imposed for the violation of the felony provision of K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and amendments thereto, shall not be served in a state facility in the custody of the secretary of corrections. Prior to imposing any sentence pursuant to this subsection, the court may consider assigning the defendant to a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current convicted crime carries a presumptive term of imprisonment shall be double the maximum duration of the presumptive imprisonment term. The sentence for any persistent sex offender whose current conviction carries a presumptive nonprison term shall be presumed imprisonment and shall be double the maximum duration of the presumptive imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime, as defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one conviction for a sexually violent crime, as defined in K.S.A. 22-3717, and amendments thereto, in this state or comparable felony under the laws of another state, the federal government or a foreign government; or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one conviction for rape in this state or comparable felony under the laws of another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of this subsection shall not apply to any person whose current convicted crime is a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members, the offender's sentence shall be presumed imprisonment. The court may impose an optional nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009; and
(C) its members have a common name or common identifying sign or symbol; and
(D) its members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or any substantially similar offense from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a violation of K.S.A. 21-5807(a)(1), and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit such offense, when such person being sentenced has a prior conviction for a violation of K.S.A. 21-3715(a) or (b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)(1) or (a)(2) or 21-5807(b), and amendments thereto, or any attempt or conspiracy to commit such offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-5913(a)(2), and amendments thereto, shall be presumptive imprisonment. If an offense under such sections is classified in grid blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional nonprison sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of property, as defined in K.S.A. 21-5803, and amendments thereto, when such property is a motor vehicle, and when such person being sentenced has any combination of two or more prior convictions of K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of property, as defined in K.S.A. 21-5803, and amendments thereto, when such property is a motor vehicle, shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary as defined in K.S.A. 21-5807(a), and amendments thereto, when such person being sentenced has no prior convictions for a violation of K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary as defined in K.S.A. 21-5807(a), and amendments thereto; or the sentence for a felony violation of theft of property as defined in K.S.A. 21-5801, and amendments thereto, when such person being sentenced has one or two prior felony convictions for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto; or the sentence for a felony violation of burglary as defined in K.S.A. 21-5807(a), and amendments thereto, when such person being sentenced has one prior felony conviction for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto, shall be the sentence as provided by this section, except that the court may order an optional nonprison sentence for a defendant to participate in a drug treatment program, including, but not limited to, an approved aftercare plan, if the court makes the following findings on the record:
(A) Substance abuse was an underlying factor in the commission of the crime;
(B) substance abuse treatment in the community is likely to be more effective than a prison term in reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under this subsection shall be supervised by community correctional services. The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall apply to a defendant sentenced under this subsection. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as defined in K.S.A. 21-5801, and amendments thereto, when such person being sentenced has any combination of three or more prior felony convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto; or the sentence for a violation of burglary as defined in K.S.A. 21-5807(a), and amendments thereto, when such person being sentenced has any combination of two or more prior convictions for violations of K.S.A. 21-3701, 21-3715 and 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-5807, and amendments thereto, shall be presumed imprisonment and the defendant shall be sentenced to prison as provided by this section, except that the court may recommend that an offender be placed in the custody of the secretary of corrections, in a facility designated by the secretary to participate in an intensive substance abuse treatment program, upon making the following findings on the record:
(A) Substance abuse was an underlying factor in the commission of the crime;
(B) substance abuse treatment with a possibility of an early release from imprisonment is likely to be more effective than a prison term in reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment program with the possibility of an early release from imprisonment will serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be determined by the secretary of corrections, but shall be for a period of at least four months. Upon the successful completion of such intensive treatment program, the offender shall be returned to the court and the court may modify the sentence by directing that a less severe penalty be imposed in lieu of that originally adjudged within statutory limits. If the offender's term of imprisonment expires, the offender shall be placed under the applicable period of postrelease supervision. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is a sentence which the court may impose, in lieu of the presumptive sentence, upon making the following findings on the record:
(A) An appropriate treatment program exists which is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and
(B) the recommended treatment program is available and the offender can be admitted to such program within a reasonable period of time; or
(C) the nonprison sanction will serve community safety interests by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an optional nonprison sentence shall not be considered a departure and shall not be subject to appeal.
(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(s) The sentence for a violation of K.S.A. 21-5512, and amendments thereto, shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable doubt that an offender wore or used ballistic resistant material in the commission of, or attempt to commit, or flight from any felony, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 30 months' imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means any:
(A) Commercially produced material designed with the purpose of providing ballistic and trauma protection, including, but not limited to, bulletproof vests and kevlar vests; and
(B) homemade or fabricated substance or item designed with the purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 21-6107, and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit such offense, when such person being sentenced has a prior conviction for a violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto, or any attempt or conspiracy to commit such offense, shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-1568, and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(w) The sentence for aggravated criminal damage to property as defined in K.S.A. 21-5813(b), and amendments thereto, when such person being sentenced has a prior conviction for any nonperson felony shall be presumptive imprisonment. Such sentence shall not be considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and amendments thereto, shall be presumptive imprisonment if the offense under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such sentence shall not be considered a departure and shall not be subject to appeal.
(y) (1) Except as provided in paragraph (3), if the trier of fact makes a finding beyond a reasonable doubt that an offender committed a nondrug felony offense, or any attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit a nondrug felony offense, against a law enforcement officer, as defined in K.S.A. 21-5111(p)(1) and (3), and amendments thereto, while such officer was engaged in the performance of such officer's duty, or in whole or in any part because of such officer's status as a law enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as otherwise provided in clause (ii), imprisonment for life, and such offender shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months. In such case, the offender is required to serve a mandatory minimum term equal to the sentence established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense described in paragraph (1) if the factual aspect concerning a law enforcement officer is a statutory element of such offense.
(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments thereto, or any other provision of law to the contrary, the sentence for a violation of criminal possession of a weapon by a convicted felon as defined in K.S.A. 21-6304, and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed if the trier of fact makes a finding beyond a reasonable doubt that:
(A) The weapon the offender possessed during such violation was a firearm; and
(B) such firearm was used by the offender during the commission of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal. No other sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender who is prohibited from possessing a weapon pursuant to K.S.A. 21-6304, and amendments thereto, as a result of a juvenile adjudication.
(4) As used in this subsection, "violent felony" means any of the following:
(A) Capital murder, as defined in K.S.A. 21-5401, and amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and amendments thereto;
(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and amendments thereto, and aggravated assault of a law enforcement officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or (b)(1)(B), and amendments thereto, and aggravated battery against a law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2), and amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;
(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3), and amendments thereto;
(L) any felony offense described in K.S.A. 21-5703 or 21-5705, and amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments thereto;
(N) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation pursuant to K.S.A. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A) or (a)(1)(B), and amendments thereto, if the trier of fact makes a finding beyond a reasonable doubt that the offender discharged a firearm and that the offender knew or reasonably should have known that:
(A) A person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm, shall be presumptive imprisonment and, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm, shall be presumptive imprisonment and, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 120 months of imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(bb)
(1) If the trier of fact makes a finding beyond a reasonable doubt
that an offender committed any act described in K.S.A. 21-5408,
21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426,
21-5427, 215428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506,
21-5507, 21-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602,
21-5604 or 21-5605, and amendments thereto, or any attempt or
conspiracy,
as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to
commit any such act with knowledge that a woman is pregnant and with
the intent that such act will compel such woman to obtain an
abortion when such woman has expressed her desire to not obtain an
abortion, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as otherwise provided in clause (ii), imprisonment for life, and such offender shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months. In such case, the offender is required to serve a mandatory minimum term equal to the sentence established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.
(cc) (1) If the trier of fact makes a finding beyond a reasonable doubt that an offender committed any offense or any attempt or conspiracy as defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit any offense with the intent to commit transnational repression as described in section 1(d), and amendments thereto, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as otherwise provided in clause (ii), imprisonment for life, and such offender shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months. In such case, the offender is required to serve a mandatory minimum term equal to the sentence established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be considered a departure and shall not be subject to appeal.";
On page 4, in line 6, after "21-5801" by inserting ", 21-6412"; also in line 6, after "22-4807a" by inserting "and K.S.A. 2025 Supp. 21-6804"; in line 8, by striking "Kansas register" and inserting "statute book";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, after the semicolon by inserting "providing for enhanced criminal penalties for offenses committed with the intent to commit transnational repression; requiring the development of transnational repression recognition and response training;"; in line 3, after the semicolon by inserting "providing that theft of grain or hay is a severity level 6, nonperson felony; relating to cruelty to animals; providing that certain portions of such crime do not apply to any person who catches a feral cat to provide vaccination, spaying or neutering and returns such cat back to the location where such cat is caught;"; in line 5, after "21-5801" by inserting ", 21-6412"; also in line 5, after the second "and" by inserting "K.S.A. 2025 Supp. 21-6804 and";
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Ethan Corson
Conferees on part of Senate
Susan Humphries
Laura Williams
Dan Osman
Conferees on part of House
On motion of Rep. Humphries, the conference committee report on HB 2413 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not voting: 1.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Weigel.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2518 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 10 through 31;
By striking all on pages 2 through 6;
On page 7, by striking all in lines 1 through 40; following line 40, by inserting:
"Section 1. (a) The provisions of sections 1 through 4, and amendments thereto, shall be known and may be cited as the transparency in consumer legal funding act. The purpose of the act is to promote consumer protections related to consumer legal funding transactions.
(b) The provisions of this act are severable. If any portion of this act is held by a court to be unconstitutional or invalid, or the application of any portion of this act to any person or circumstance is held by a court to be unconstitutional or invalid, the invalidity shall not affect other portions of this act that can be given effect without the invalid portion or application and the applicability of such other portions of this act to any person or circumstance remains valid and enforceable.
Sec. 2. As used in the transparency in consumer legal funding act:
(a) "Advertise" means publishing or disseminating any written, oral, electronic or printed communication or any communication by means of recorded telephone message or transmitted or broadcast on radio, television, the internet or similar communication media, including, but not limited to, audio recordings, film strips, motion pictures and videos, published, disseminated, circulated or placed before the public for the purpose of inducing a consumer to enter into a consumer legal funding contract.
(b) "Charges" means the amount of money to be paid to the consumer legal funding company by or on behalf of the consumer, above the funded amount provided by or on behalf of the consumer legal funding company to the consumer. "Charges" includes all administrative, origination, underwriting and other fees, including interest, regardless of how such charges are denominated.
(c) "Consumer" means a natural person who resides or is domiciled in Kansas and is a plaintiff in a civil action in Kansas. "Consumer" includes the estate of a decedent who was domiciled in Kansas at the time of death if the civil action is a wrongful death claim.
(d) "Consumer legal funding" means a nonrecourse transaction in which a consumer legal funding company purchases and a consumer assigns to the company a contingent right to receive an amount of the potential proceeds of any recovery, including a settlement or judgment, in the consumer's legal claim, and the funds to the consumer are used for household or personal expenses. "Consumer legal funding" does not include expenses directly related to prosecuting the legal claim.
(e) "Consumer legal funding company" or "company" means a person or entity that enters into or facilitates a consumer legal funding contract with a consumer. "Consumer legal funding company" does not include:
(1) An immediate family member of the consumer;
(2) a bank, lender, financing entity or other special purpose entity:
(A) That provides financing to a consumer legal funding company; or
(B) to which a consumer legal funding company grants a security interest in or transfers any rights or interest in a consumer legal funding contract; or
(3) an attorney or accountant who provides services to the consumer.
(f) "Funded amount" means the amount of money provided to or on behalf of the consumer in a consumer legal funding contract excluding charges.
(g) "Funding date" means the date on which the funded amount is transferred to the consumer by the consumer legal funding company by, including, but not limited to, personal delivery, wire, ACH or other electronic means or mailed by insured, certified or registered United States mail.
(h) "Immediate family member" means a parent, sibling, child, stepchild, spouse, domestic partner, cohabitant, immediate in-law, aunt, uncle, first cousin, grandparent or grandchild.
(i) "Legal claim" means a civil claim or cause of action.
(j) "Resolution date" means the date the funded amount, plus the agreed upon charges, are delivered to the consumer legal funding company by the consumer, the consumer's attorney or otherwise.
Sec. 3. (a) A consumer legal funding contract shall:
(1) Be written in a clear manner using words with common, everyday meanings to enable a reasonable consumer to read and understand the terms of the contract without having to obtain the assistance of a professional;
(2) be completely filled in when presented to the consumer for signature;
(3) contain a right of rescission, allowing the consumer to cancel the contract without penalty or further obligation if, within 10 business days after the funding date, the consumer returns to the consumer legal funding company the full amount of the disbursed funds;
(4) contain the initials of the consumer on each page;
(5) contain a statement that there are no fees or charges to be paid by the consumer other than what is disclosed on the disclosure form;
(6) if the consumer seeks more than one legal funding contract from the same company, disclose the cumulative amount due from the consumer for all transactions from the company, including, but not limited to, charges under all contracts, if repayment is made any time after the contracts are executed;
(7) contain a statement of the maximum amount the consumer may be obligated to pay under the contract other than in a case of material breach, fraud or misrepresentation by or on behalf of the consumer;
(8) clearly and conspicuously detail how charges, including, but not limited to, any applicable fees, are incurred or accrued;
(9) for consumers whose primary language is not English, on written request from the consumer or the consumer's attorney, be translated in writing into the consumer's native language in which the oral negotiations are conducted between the consumer legal funding company and the consumer; and
(10) state that if there is no recovery from the consumer's civil action, the consumer shall owe nothing to the consumer legal funding company unless the consumer violated any material term of the contract or committed fraud against the consumer legal funding company.
(b) A consumer legal funding contract shall contain the disclosures described in this section and such disclosures are material terms of the contract. Unless otherwise specified, such disclosures shall be typed in at least 12-point font and be placed clearly and conspicuously within the contract as follows:
(1) On the front page under appropriate headings, language specifying:
(A) The funding amount to be paid to the consumer by the consumer legal funding company;
(B) an itemization of one-time charges;
(C) the maximum total amount to be assigned by the consumer to the company, including the funded amount and all charges; and
(D) a payment schedule including, but not limited to, the funded amount and charges, all dates and the amount due at the end of each six-month period from the funding date until the date the maximum amount due to the company pursuant to the contract is paid.
(2) Within the body of the contract:
(A) In at least 12-point bold type font: "Consumer's right to cancellation: You may cancel this contract without penalty or further obligation within 10 business days after the funding date if you return to the consumer legal funding company the full amount of the disbursed funds."
(B) A statement that the consumer legal funding company shall have no role in deciding whether, when or how much the legal claim is settled for, but the consumer and consumer's attorney shall notify the company of the outcome of the legal claim by settlement or adjudication prior to the resolution date. The company may seek updated information about the status of the legal claim, but the company shall not interfere with the independent professional judgment of the attorney handling the legal claim or any settlement thereof.
(C) In all capital letters and in at least 12-point bold type font contained within a box: "THE FUNDED AMOUNT AND AGREED UPON CHARGES SHALL BE PAID ONLY FROM THE PROCEEDS OF YOUR LEGAL CLAIM, AND SHALL BE PAID ONLY TO THE EXTENT THAT THERE ARE AVAILABLE PROCEEDS FROM YOUR LEGAL CLAIM. YOU WILL NOT OWE (INSERT NAME OF THE CONSUMER LEGAL FUNDING COMPANY) ANYTHING IF THERE ARE NO PROCEEDS FROM YOUR LEGAL CLAIM, UNLESS YOU HAVE VIOLATED ANY MATERIAL TERM OF THIS CONTRACT OR YOU HAVE COMMITTED FRAUD AGAINST (INSERT NAME OF CONSUMER LEGAL FUNDING COMPANY)."
(3) Located immediately above the place on the contract where the consumer's signature is required in 12-point bold type font: "Do not sign this contract before you read it completely. Do not sign this contract if it contains any blank spaces. You are entitled to a completely filled-in copy of the contract before you sign this contract. You should obtain the advice of an attorney. Depending on the circumstances, you may want to consult a tax, public or private benefits planning or financial professional. You acknowledge that your attorney in the legal claim has provided no tax, public or private benefit planning, or financial advice regarding this transaction. You further acknowledge that your attorney has explained the terms and conditions of the consumer legal funding contract."
(c) If requested, a copy of the executed contract shall promptly be delivered by the consumer to the attorney for the consumer.
(d) A consumer legal funding contract shall contain a written acknowledgment by the attorney retained by the consumer in the legal claim that attests to the following:
(1) The attorney has reviewed the mandatory disclosures required by this section with the consumer;
(2) the attorney is being paid on a contingency fee basis pursuant to a written fee agreement;
(3) all proceeds of the legal claim will be disbursed by means of either the trust account of the attorney or a settlement fund established to receive the proceeds of the legal claim on behalf of the consumer;
(4) the attorney is obligated to disburse funds to the consumer legal funding company from the legal claim and take any other steps to ensure that the terms of the legal funding contract are fulfilled;
(5) the attorney has not received and will not receive a referral fee or other consideration from the consumer legal funding company in connection with the consumer legal funding; and
(6) the attorney in the legal claim has provided no tax, public or private benefit planning or financial advice regarding the consumer legal funding transaction.
(e) If the acknowledgment required by subsection (d) is not provided by the attorney or firm retained by the consumer in the legal claim, the consumer legal funding contract shall be null and void. A consumer legal funding contract that complies with this section shall remain valid and enforceable if the consumer terminates the relationship with the initial attorney or retains a new attorney with respect to the legal claim.
(f) No prepayment penalties or fees shall be charged or collected on consumer legal funding. A prepayment penalty or fee on consumer legal funding shall be unenforceable.
(g) A consumer legal funding transaction that complies with this section is not a loan and is not subject to any provision of law governing loans or investment contracts. To the extent that this section conflicts with any other law, this section shall control for the purposes of regulating consumer legal funding transactions.
(h) The contracted amount to be paid to the consumer legal funding company shall be a predetermined amount based upon intervals of time from the funding date through the resolution date and shall not be determined as a percentage of the recovery from the legal claim.
(i) Within 30 days after receipt of a written request, a consumer or the consumer's attorney shall disclose to any requesting party to a legal claim and each insurer that has a duty to defend if the consumer has entered into a consumer legal funding contract. The consumer and the consumer's attorney have a continuing obligation to disclose that the consumer has entered into a consumer legal funding contract within 30 days after the consumer enters such contract.
(j) The contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a consumer to a consumer legal funding company.
(k) Communications between a consumer's attorney and a consumer legal funding company to allow the consumer legal funding company to ascertain the status of a legal claim or a legal claim's expected value are not discoverable by a person against whom the legal claim is asserted or filed.
Sec. 4. (a) A consumer legal funding company shall not:
(1) Pay or offer to pay commissions, referral fees or other forms of consideration to any attorney, law firm, medical provider, chiropractor or physical therapist or any employees of such providers for referring a consumer to the company;
(2) accept commissions, referral fees, rebates or other forms of consideration from any attorney, law firm, medical provider, chiropractor or physical therapist or any employees of such providers;
(3) advertise false or misleading information regarding its products or services;
(4) knowingly provide funding to a consumer who has previously assigned or sold a portion of the consumer's right to proceeds from the legal claim without first making payment to or purchasing a prior unsatisfied consumer legal funding company's entire funded amount and contracted charges unless a lesser amount is otherwise agreed to in writing by the consumer legal funding companies, except that multiple companies may agree to contemporaneously provide funding to a consumer if the consumer and the consumer's attorney consent to the arrangement in writing;
(5) have any influence, receive any right to or make any decisions with respect to the conduct of the underlying legal claim or any settlement or resolution thereof, and the right to make such decisions shall remain solely with the consumer and the consumer's attorney in the legal claim;
(6) attempt to obtain a waiver of any remedy or right by the consumer, including, but not limited to, the right to trial by jury;
(7) knowingly pay or offer to pay for court costs, filing fees or attorney fees during or after the resolution of the legal claim using funds from the consumer legal funding transaction;
(8) knowingly offer or collude to provide funding as an inducement to a consumer who is presently represented by counsel to terminate that relationship and engage an attorney or law firm to represent the consumer in the legal claim, and any contract that purports to do so is void and unenforceable; and
(9) collude with or knowingly assist an attorney or law firm that is enticing or intends to entice a consumer to bring a claim that the company knows or has reason to know is fabricated or otherwise brought not in good faith, and any contract that purports to do so is void and unenforceable.
(b) (1) Any attorney retained by a consumer or any immediate family member of such attorney shall not have a financial interest in a consumer legal funding company offering consumer legal funding to that consumer or provide consumer legal funding, loans or advances for personal needs, cash or nonmonetary equivalent to current or prospective consumers or the consumer's immediate family members.
(2) Any attorney who has referred the consumer to the consumer's retained attorney shall not have a financial interest in the consumer legal funding company offering consumer legal funding to such consumer.
(c) The attorney for a consumer may only disclose confidential or privileged information to the consumer legal funding company with the written consent of the consumer.
(d) Only the consumer shall be authorized to execute a consumer legal funding agreement unless the consumer lacks the legal capacity to execute a contract. The consumer's legal representative in the legal claim shall not execute a consumer legal funding contract on behalf of the consumer. A consumer legal funding contract executed by the consumer legal representative on behalf of such consumer shall be void and unenforceable.
(e) A consumer legal funding company shall not accept any funds from a foreign government or foreign adversary as defined in 15 C.F.R. §791.4, as in effect on July 1, 2026.
(f) All consumer legal funding companies shall register with the secretary of state pursuant to K.S.A. 17-7901, et seq., and amendments thereto.
(g) (1) The attorney general, upon a finding that a consumer legal funding company has willfully violated the provisions of this act after notice and opportunity for hearing in accordance with the Kansas administrative procedure act, may assess upon such consumer legal funding company a civil penalty of not to exceed $10,000 per violation.
(2) In addition to any civil penalty assessed pursuant to paragraph (1), such consumer legal funding company shall not recover the funded amount or any charges under such consumer legal funding contract.
(3) Any civil penalty recovered pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(4) All civil penalties assessed pursuant to this subsection shall be due and payable within 10 days after written notice of assessment is served on the person. If a civil penalty is not paid within the applicable time period, the attorney general may file a certified copy of the notice of assessment with the clerk of the district court in the county where the violation occurred. The notice of assessment shall be enforced in the same manner as a judgment of the district court.
(5) Any action by the attorney general pursuant to this subsection shall be subject to review in accordance with the Kansas judicial review act.";
Also on page 7, in line 42, by striking "Kansas register" and inserting "statute book";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "ACT"; by striking all in lines 2 through 6; in line 7, by striking all before the period and inserting "enacting the Kansas transparency in consumer legal funding act; providing requirements for consumer legal funding agreements; prohibiting consumer legal funding companies from engaging in certain conduct; requiring certain consumer disclosures related to consumer legal funding agreements; providing for penalties for violation of the act";
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Ethan Corson
Conferees on part of Senate
Susan Humphries
Laura Williams
Dan Osman
Conferees on part of House
On motion of Rep. Humphries, the conference committee report on HB 2518 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not voting: 1.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergkamp, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Delperdang, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, L., Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Weigel.
MESSAGES FROM THE SENATE
The Senate announced the appointment of Senators Tyson, Peck and Corson to replace Senators Dietrich, Fagg and Fransisco as conferees on HB 2043, HB 2044, HB 2046.
The Senate adopts the Conference Committee report on SB 382.
The Senate adopts the Conference Committee report on SB 391.
The Senate adopts the Conference Committee report on HB 2357.
The Senate adopts the Conference Committee report on HB 2521.
The Senate adopts the Conference Committee report on HB 2651.
On motion of Rep. Croft, the House recessed until 10:00 p.m.
___________________________________
LATE EVENING SESSION
The House met pursuant to recess with Speaker pro tempore in the chair.
MESSAGE FROM THE SENATE
Announcing adoption of HCR 5036.
The Senate adopts the Conference Committee report on SB 84.
The Senate adopts the Conference Committee report on SB 361.
The Senate adopts the Conference Committee report on SB 462.
The Senate adopts the Conference Committee report on HB 2560.
The Senate adopts the Conference Committee report on HB 2587.
The Senate adopts the Conference Committee report on HB 2412.
The Senate adopts the Conference Committee report on HB 2164.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Smith, A., the House concurred in Senate amendments to Sub Bill for HB 2745, AN ACT concerning property taxation; relating to property tax revenues of taxing subdivisions; providing a protest petition to contest certain increases in property tax revenues; continuing reimbursements from the taxpayer notification costs fund for an additional five years; amending K.S.A. 2025 Supp. 72-5137, 79-2988 and 79-2989 and repealing the existing sections.
On roll call, the vote was: Yeas 63; Nays 59; Present but not voting: 0; Absent or not voting: 3.
Yeas: Anderson, Barrett, Bergquist, Blex, Bloom, Bohi, Brantley, Brunk, Bryce, Buehler, Caiharr, B. Carpenter, Collins, Corbet, Croft, Esau, Essex, Estes, Fairchild, Francis, Goddard, Goetz, Hawkins, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, Neelly, Pickert, Proctor, Rahjes, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Smith, A., Smith, C., Steele, Stiens, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, Wilborn, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Awerkamp, Ballard, Bergkamp, Boatman, Borjon, Paige, Butler, Carlin, Carmichael, W. Carpenter, Carr, Chauncey, Curtis, Droge, Ellis, Featherston, Gardner, Haskins, Helgerson, Helwig, Hoye, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pishny, Poetter, Poskin, Reavis, Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Seiwert, Simmons, Stogsdill, Storm, Vaughn, White, Wikle, Willcott, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Delperdang, Ruiz, L., Weigel.
CONFERENCE COMMITTEE REPORTS
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SCR 1603 submits the following report:
The Senate accedes to all House amendments to the concurrent resolution, and your committee on conference further agrees to amend the concurrent resolution as printed with House Committee of the Whole amendments, as follows:
On page 1, in line 23, by striking "2028" and inserting "2027"; in line 26, by striking all after "taxation"; by striking all in lines 27 and 28;
On page 2, in line 1, by striking all before the period;
On page 3, by striking all in lines 6 through 25;
On page 4, following line 37, by inserting:
"The final taxable assessed value of real property used for residential purposes, including multi-family residential real property and real property necessary to accommodate a residential community of mobile or manufactured homes including the real property upon which such homes are located, classified for property tax purposes pursuant to subclass (1) of class 1, land devoted to agricultural use pursuant to subclass (2) of class 1, real property used for commercial and industrial purposes and buildings and other improvements located upon land devoted to agricultural use pursuant to subclass (6) of class 1 and tangible personal property classified as mobile homes used for residential purposes pursuant to subclass (1) of class 2, shall not increase by more than 9% or a lesser percentage as provided by law in any taxable year, except if improvements have been made to the property resulting in an increase in value as provided in this subsection or if:
(1) The property includes new construction;
(2) the class or subclass of the property changes for assessment rate purposes;
(3) the property becomes disqualified from exemption;
(4) the property is first listed for taxation or first listed as escaped or omitted property, or an error in listing the property is corrected; or
(5) the legal description of the land, lot or parcel changes, except that the total final taxable assessed value of all property affected by a legal description change shall not exceed the total final taxable assessed value of the affected property for the previous year by more than 9% or a lesser percentage as provided by law.
The benefits of the assessed value limitation shall remain in place whenever title to the property is transferred, changed or conveyed to another person or entity, unless the legislature enacts provisions that provide for exceptions. For property that is subject to the assessed value limitation, the final taxable assessed value each year shall be the assessed value of the property determined as otherwise provided by law without the application of the assessed value limitation provisions or the limited assessed value of the property determined by the application of the assessed value limitation provisions, whichever is less. For tax year 2027, the final taxable assessed value of such property shall not increase by more than 9% or a lesser percentage as provided by law as compared to the tax year 2024 assessed value of such property unless an exception applies since tax year 2024, and in the event that such property was not listed for taxation for tax year 2024, the final taxable assessed value of such property shall not increase by more than 9% or a lesser percentage as provided by law as compared to the tax year 2026 assessed value of such property unless an exception applies. The legislature may define new construction by law. In addition to the increase provided in this section, for improvements made to the property, the legislature may provide for an increase in assessed value to the property in proportion to the increase in appraised value of the property as a result of the improvements when compared with the property prior to the improvements. The legislature may define improvements by law and enact other legislation providing for the calculation of assessed value of property resulting from improvements, except that improvements made to the property shall not include normal repair or maintenance of existing structures, building components or fixtures on the property. The legislature may enact other legislation to administer the provisions of the assessed value limitation.";
On page 5, in line 30, by striking all after the stricken material; by striking all in lines 31 through 42; in line 43, by striking all before the period and inserting "limit annual assessed value increases to 9% or a lesser percentage as provided by law for purposes of property taxation for real property used for residential purposes including multi-family residential real property and real property necessary to accommodate a residential community of mobile or manufactured homes including the real property upon which such homes are located, classified for property tax purposes pursuant to subclass (1) of class 1, land devoted to agricultural use pursuant to subclass (2) of class 1, real property used for commercial and industrial purposes and buildings and other improvements located upon land devoted to agricultural use pursuant to subclass (6) of class 1 and tangible personal property classified as mobile homes used for residential purposes pursuant to subclass (1) of class 2, except if the property includes new construction or improvements made to such property, the class or subclass of the property changes, the property becomes disqualified from exemption, the property is first listed for taxation or as escaped or omitted property, an error in listing the property is corrected or the legal description of the property changes. Improvements could limit increases to the assessed value of the property in proportion to the increase resulting from the improvement as provided by law. The amendment would provide for the benefits of the value limitation to remain in place whenever title to the property is transferred, changed or conveyed to another person or entity, unless the legislature enacts provisions that provide for exceptions. For tax year 2027, the final taxable assessed value of such property shall not increase by more than 9% or a lesser percentage as provided by law as compared to the tax year 2024 assessed value of such property unless an exception applies since tax year 2024, and in the event that such property was not listed for taxation for tax year 2024, the final taxable assessed value of such property shall not increase by more than 9% or a lesser percentage as provided by law as compared to the tax year 2026 assessed value of such property unless an exception applies. The legislature would be authorized to enact legislation to administer the provisions of the assessed value limitation amendment";
On page 7, in line 10, by striking all after the stricken material; by striking all in lines 11 through 13; in line 14, by striking all before the period and inserting "limit, subject to certain exceptions, annual assessed value increases for parcels of residential real property, agricultural real property, commercial and industrial real property and tangible personal property mobile homes to a maximum increase of 9% from the prior tax year of that portion. The amendment would authorize the legislature to provide for a lesser percentage as provided by law. For tax year 2027, the assessed value limit of property would be based on a comparison to the 2024 assessed value of the property. The legislature is authorized to enact legislation to provide for the administration of the amendment and valuation increases resulting from improvements to property"; in line 16, by striking all after "constitution"; by striking all in lines 17 through 19; in line 20, by striking all before the period; in line 30, by striking all after the stricken material; by striking all in lines 31 through 33; in line 34, by striking all before the period and inserting "a special election, which is hereby called on August 4, 2026, pursuant to section 1 of article 14 of the constitution of the state of Kansas, to be held in conjunction with the primary election held on such date";
On page 1, in the title, in line 4, by striking "valuing" and inserting "limiting assessed value increases for"; in line 5, after the comma by inserting "agricultural real property,"; in line 6, by striking all after "property"; by striking all in lines 7 and 8; in line 9, by striking all before the period;
And your committee on conference recommends the adoption of this report.
Caryn Tyson
Virgil Peck
Conferees on part of Senate
Adam Smith
Carl Turner
Conferees on part of House
The motion of Rep. A. Smith, to adopt the conference committee report on SCR 1603 did not prevail. The bill was killed.
On roll call, the vote was: Yeas 59; Nays 63; Present but not voting: 0; Absent or not voting: 3.
Yeas: Anderson, Barrett, Bergquist, Blex, Bloom, Bohi, Brantley, Bryce, Buehler, Caiharr, Chauncey, Corbet, Croft, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Howe, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, Melton, Neelly, Pickert, Poetter, Proctor, Rahjes, Rhiley, Roth, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Wilborn, Willcott, Williams, K., Williams, L., Wilson.
Nays: Alcala, Amyx, Awerkamp, Ballard, Bergkamp, Boatman, Borjon, Paige, Brunk, Butler, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Collins, Curtis, Droge, Featherston, Haskins, Helgerson, Helwig, Hoffman, Hoheisel, Howell, Hoye, King, Lewis, Long, Martinez, McDonald, McNorton, Meyer, Minnix, Moser, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pishny, Poskin, Reavis, Roeser, Ruiz, S., Sanders, Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Smith, C., Steele, Stogsdill, Vaughn, Waymaster, White, Wikle, Winn, Wolf, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Delperdang, Ruiz, L., Weigel.
INTRODUCTION OF ORIGINAL MOTIONS
Having voted on the prevailing side, pursuant to House Rule 2303, Rep. Hoheisel moved that the House reconsider it's previous action of not adopting the conference committee report for SCR 1603. The motion prevailed.
The question reverted back to the motion of Rep. A. Smith to adopt the conference committee report on SCR 1603. Rep. Hoheisel offered a substitute motion to not adopt the conference committee report and that a new conference committee be appointed.
The substitute motion of Rep. Hoheisel did prevail and Speaker pro tempore Carpenter thereupon appointed Reps. A, Smith, Turner and Sawyer as third conferees.
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2357 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed as Substitute for House Bill No. 2357 with Senate Committee of the Whole amendments, as follows:
On page 3, in line 27, by striking "obligations" and inserting "judgment"; in line 32, by striking "obligations" and inserting "judgment";
On page 6, in line 17, by striking "may" and inserting "shall"; in line 37, by striking "Kansas register" and inserting "statute book";
On page 1, in the title, in line 7, by striking "authorizing" and inserting "requiring";
Larry Alley
Stephen Owens
Oletha Faust-Goudeau
Conferees on part of Senate
Susan Humphries
Laura Williams
Dan Osman
Conferees on part of House
On motion of Rep. Humphries, the conference committee report on Sub Bill for HB 2357 was adopted.
On roll call, the vote was: Yeas 118; Nays 3; Present but not voting: 0; Absent or not voting: 4.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poskin, Rahjes, Reavis, Rhiley, Roeser, Roth, Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: Caiharr, Poetter, Proctor.
Present but not voting: None.
Absent or not voting: Bergkamp, Delperdang, Ruiz, L., Weigel.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2521 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee of the Whole amendments, as follows:
On page 1, in line 20, by striking "December 31, 2027" and inserting "July 1, 2029";
Also on page 1, in the title, in line 3, after "families" by inserting "between July 1, 2026, and July 1, 2029";
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Conferees on part of Senate
Susan Humphries
Laura Williams
Conferees on part of House
On motion of Rep. Humphries, the conference committee report on HB 2521 was adopted.
On roll call, the vote was: Yeas 83; Nays 38; Present but not voting: 0; Absent or not voting: 4.
Yeas: Anderson, Awerkamp, Barrett, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Rahjes, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Schmoe, Schreiber, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Willcott, Williams, K., Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Paige, Carlin, Carmichael, Carr, Collins, Curtis, Featherston, Goddard, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Ruiz, S., Sawyer, Clayton, Schlingensiepen, Simmons, Stogsdill, Vaughn, Wikle, Wilborn, Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Bergkamp, Delperdang, Ruiz, L., Weigel.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2651 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 13 through 31;
By striking all on pages 2 through 5;
On page 6, by striking all in lines 1 through 12; following line 12, by inserting:
"Section
1. K.S.A. 2025 Supp. 22-2302 is hereby amended to read as follows:
22-2302.
(a) (1) If the magistrate finds from the complaint, or from an
affidavit or affidavits filed with the complaint or from sworn
testimony, that there is probable cause to believe both that a crime
has been committed and that the defendant has committed
it
such crime,
a warrant for the arrest of the defendant shall issue, except that a
summons instead of a warrant may be issued
in the case of a complaint alleging commission of a misdemeanor
if:
(A) The prosecuting attorney so requests; or
(B) in
the case of a complaint alleging commission of a misdemeanor, the
magistrate determines that a summons should be issued.
(2) A summons shall not be issued instead of a warrant in the case of a complaint alleging commission of a felony.
(3) More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue and any bond set on such warrant shall not allow release on the defendant's own recognizance.
(b) (1) Affidavits or sworn testimony in support of the probable cause requirement of this section shall be made available to law enforcement agencies prior to execution of the warrant or summons, but shall not be open to the general public until the warrant or summons has been executed. After the warrant or summons has been executed, such affidavits or sworn testimony shall be made available to:
(A) The defendant or the defendant's counsel, when requested, for such disposition as either may desire; and
(B) any person, when requested, in accordance with the requirements of this subsection.
(2) Any person may request that affidavits or sworn testimony be disclosed by filing such request with the clerk of the court. Upon entry of appearance by an attorney on behalf of the defendant, or indication by the defendant to the court that such defendant will represent the defendant's self, the clerk of the court shall promptly notify the defendant or the defendant's counsel, the prosecutor and the magistrate that such request was filed. The prosecutor shall promptly notify any victim. For the purposes of this subsection, victim shall include any victim of an alleged crime that resulted in the issuance of the arrest warrant, or, if the victim is deceased, the victim's family, as defined in K.S.A. 74-7335, and amendments thereto.
(3) Within five business days after receiving notice of a request for disclosure from the clerk of the court, the defendant or the defendant's counsel and the prosecutor may submit to the magistrate, under seal, either:
(A) Proposed redactions, if any, to the affidavits or sworn testimony and the reasons supporting such proposed redactions; or
(B) a motion to seal the affidavits or sworn testimony and the reasons supporting such proposed seal.
(4) The magistrate shall review the requested affidavits or sworn testimony and any proposed redactions or motion to seal submitted by the defendant, the defendant's counsel or the prosecutor. The magistrate shall make appropriate redactions, or seal the affidavits or sworn testimony, as necessary to prevent public disclosure of information that would:
(A) Jeopardize the physical, mental or emotional safety or well-being of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence;
(B) reveal information obtained from a court-ordered wiretap or from a search warrant for a tracking device that has not expired;
(C) interfere with any prospective law enforcement action, criminal investigation or prosecution;
(D) reveal the identity of any confidential source or undercover agent;
(E) reveal confidential investigative techniques or procedures not known to the general public;
(F) endanger the life or physical safety of any person;
(G) reveal
the name, address, telephone number or any other information
which
that
specifically and individually identifies the victim of any
of the
sexual
offense
offenses
described in article 35 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 of chapter 21 of the
Kansas Statutes Annotated,
and amendments thereto,
or K.S.A. 21-6419 through 21-6422, and amendments thereto;
(H) reveal the name of any minor;
(I) reveal any date of birth, personal or business telephone number, driver's license number, nondriver's identification number, social security number, employee identification number, taxpayer identification number, vehicle identification number or financial account information; or
(J) constitute a clearly unwarranted invasion of personal privacy. As used in this subparagraph, "clearly unwarranted invasion of personal privacy" means revealing information that would be highly offensive to a reasonable person and is totally unrelated to the alleged crime that resulted in the issuance of the arrest warrant, including information totally unrelated to the alleged crime that may pose a risk to a person or property and is not of legitimate concern to the public. The provisions of this subparagraph shall only be used to redact and shall not be used to seal affidavits or sworn testimony.
(5) Within five business days after receiving proposed redactions or a motion to seal from the defendant, the defendant's counsel or the prosecutor, or within 10 business days after receiving notice of a request for disclosure, whichever is earlier, the magistrate shall either:
(A) Order disclosure of the affidavits or sworn testimony with appropriate redactions, if any; or
(B) order the affidavits or sworn testimony sealed and not subject to public disclosure.
(6) (A) If the magistrate orders disclosure of the affidavits or sworn testimony with appropriate redactions, if any, to any person in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record and shall be accessible to the public.
(B) If the magistrate orders the affidavits or sworn testimony sealed and not subject to public disclosure in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record that is not accessible to the public.
(C) Any request for disclosure of affidavits or sworn testimony in accordance with the requirements of this subsection shall become part of the court record and shall be accessible to the public, regardless of whether the magistrate orders disclosure with appropriate redactions, if any, or sealing of the requested affidavit or sworn testimony.";
Also on page 6, in line 13, by striking "23-2204"; also in line 13, by striking "and 23-2209 are" and inserting "2025 Supp. 22-2302 is"; in line 15, by striking "Kansas register" and inserting "statute book";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "concerning"; by striking all in lines 2 through 9; in line 10, by striking all before the period and inserting "crimes, punishment and criminal procedure; relating to issuance of a warrant or summons when there is probable cause to believe that a defendant has committed a crime; limiting the use of a summons instead of a warrant to misdemeanor crimes; requiring that any bond set on a warrant issued after failure to appear in response to a summons shall not allow release on the defendant's own recognizance; amending K.S.A. 2025 Supp. 22-2302 and repealing the existing section";
And your committee on conference recommends the adoption of this report.
Kellie Warren
Kenny Titus
Conferees on part of Senate
Susan Humphries
Laura Williams
Conferees on part of House
On motion of Rep. Williams, L., the conference committee report on HB 2651 was adopted.
On roll call, the vote was: Yeas 72; Nays 48; Present but not voting: 0; Absent or not voting: 5.
Yeas: Anderson, Awerkamp, Barrett, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Huebert, Humphries, James, T. Johnson, Kessler, King, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Poetter, Proctor, Reavis, Roeser, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, Waggoner, Wasinger, White, Wilborn, Willcott, Williams, L., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Paige, Butler, Carlin, Carmichael, Carr, Collins, Curtis, Featherston, Haskins, Helgerson, Howerton, Hoye, Lewis, Long, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Rhiley, Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Smith, A., Smith, C., Stogsdill, VanHouden, Vaughn, Ward, Waymaster, Wikle, Williams, K., Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Bergkamp, Delperdang, Rahjes, Ruiz, L., Weigel.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2560 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee of the Whole amendments, as follows:
On page 1, in line 6, before "Section" by inserting "New"; following line 34, by inserting:
"New Sec. 2. (a) As used in this section, "state educational institution" means the same as defined in K.S.A. 76-711, and amendments thereto.
(b) Notwithstanding any other law to the contrary, pursuant to policies promulgated by the state educational institution and approved by the state board of regents, each state educational institution shall have the power, which may be exercised as necessary and practical for the operation and mission of such state educational institution, to:
(1) Execute contracts, other instruments and agreements necessary or convenient for the exercise of the state educational institution's powers and functions, including, but not limited to, making and executing contracts with public or private entities for the operation, management or support of any state educational institution facilities, programs or activities;
(2) (A) procure goods, services, materials, supplies, printing and insurance, including, but not limited to, all vendor relationships and construction and development services, except that the procurement policies of each state educational institution shall:
(i) Provide for a competitive bid process subject to the provisions of clause (iii) as applicable;
(ii) prohibit a contractor from using an architect that is employed by or a part of the same business entity as such contractor unless the state educational institution's director of facilities or such director's designee reviews the architectural drawings to ensure compliance with the contract documents and the state educational institution's building standards; and
(iii) for the procurement of architectural, engineering surveying and related design services, provide for a qualifications-based selection process under which the demonstrated qualifications and competence of a firm is considered, and the price of such services is not requested or used prior to the selection and commencement of negotiations with the most qualified firm.
(B) Pursuant to the promulgated policy, any state educational institution may request and use the list of firms qualified to provide engineering or land surveying services prepared pursuant to K.S.A. 75-5803, and amendments thereto; and
(3) grant or convey right-of-way easements, with or without consideration, across, over, upon or under any land that is in the custody and control of such state educational institution and belongs to such state educational institution or the state of Kansas. Such easements may include rights for parking, playground or other related uses and rights of ingress or egress for the purpose of constructing, maintaining or removing any facility, equipment, pipeline, power line, sewer or other public utility installation or any equipment or appurtenances necessary to the operation thereof. Such policies shall safeguard the public interest and protect the use, whether present or future, of such state lands, together with any improvements thereon.
(c) Notwithstanding any other law to the contrary, subject to policies promulgated by the state educational institution and, to the extent such policies relate to statutory requirements from which state educational institutions are exempt, also approved by the state board, each state educational institution shall not be subject to any additional policy, process or procedure that requires the submission, review or approval of the procurement, purchase or contracting for goods or services or of any easements.
(d) Pursuant to policies promulgated by the state educational institution and approved by the state board, each state educational institution shall maintain an inventory record showing all fixed and movable property of such state educational institution.
(e) A legislator is authorized to request and receive from a state educational institution and the state board of regents a copy of all policies promulgated pursuant to this section and a copy of any signed contract with public or private entities for the operation, management or support of any state educational institution facilities, programs or activities. Each request for a copy of such document or documents shall be acted upon as soon as possible but not later than the end of the 5th business day following the date that the request is received.
Sec.
3. K.S.A. 74-3264 is hereby amended to read as follows: 74-3264.
(a) In addition to the authority provided for the granting or
conveying of right-of-way easements under K.S.A. 75-2131, and
amendments thereto, the state board of regents or a designee, with
or without receiving consideration therefor, may grant or convey
right-of-way easements across, over, under, upon or through any land
belonging to the state,
and under the custody and control of the board of regents,
to
any person
a public entity or public utility.
Such easements may permit use of the land for purposes of access,
convenience or necessity and such other right-of-way purposes as are
customarily related to such easements. Such easements may be granted
or conveyed by the board of regents or a designee without further
legislative authorization but, before becoming operative,
must
shall
be submitted to the attorney general for approval as to form.
If policies are promulgated by a state educational institution
pursuant to section 2, and amendments thereto, concerning easements,
the provisions of this subsection shall not apply to such state
educational institution.
(b) The state board of regents may designate the chief executive officers of the state educational institutions to act on behalf of the state board in exercising the authority provided for the granting or conveying of right-of-way easements under subsection (a).
(c) Except
as provided further, the
provisions of K.S.A. 75-2132, 75-2133 and 75-2134, and amendments
of such sections
thereto,
apply to the granting or conveying of easements under authority of
this section.
The provisions of K.S.A. 75-2132, and amendments thereto, shall not
apply to a state educational institution if policies concerning
easements are promulgated by such state educational institution
pursuant to section 2, and amendments thereto.
Sec. 4. K.S.A. 75-1251 is hereby amended to read as follows: 75-1251. As used in K.S.A. 75-1250 through 75-1267, and amendments thereto, unless the context otherwise requires, the following terms shall be defined as follows:
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity that is permitted by law to practice the profession of architecture, engineering or land surveying.
(b) "Negotiating
committee" means a committee to negotiate as provided in this
act,
and consisting of the following members:
(1) The head of the state agency for which the proposed project is planned or of the state agency that controls and supervises the operation and management of the institution for which the proposed project is planned, if such is the case, or a person designated by the head of the agency;
(2) the head of the institution for which the proposed project is planned, or a person designated by the head of the institution. When the proposed project is not planned for an institution, the state agency head shall designate a second person in lieu of the head of an institution; and
(3) the secretary of administration, or a person designated by the secretary, who shall act as chairperson of the committee.
(c) "Architectural services" means any of the following:
(1) The practice of architecture, as defined in K.S.A. 74-7003, and amendments thereto;
(2) the practice of landscape architecture, as defined in K.S.A. 74-7003, and amendments thereto; and
(3) interior design services.
(d) "Project architect, engineer or land surveyor" means a firm employed under K.S.A. 75-1250 through 75-1267, and amendments thereto, for a particular project.
(e) "State building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer or employee of such commission.
(f)
(1) "State
agency"
includes
means, except as otherwise provided in paragraph (2),
any state institution.
(2) "State agency" does not include any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
(g) "Engineering
services" means
those
services described as the "practice
of engineering,"
as defined in K.S.A. 74-7003, and amendments thereto, as related to
building construction
defined in this section.
(h) "Land
surveying" means
those
services described as "professional
surveying,"
as defined in K.S.A. 74-7003, and amendments thereto, as related to
building construction
defined in this section.
(i) "Agency
head" means the chief administrative officer of a state agency,
as the term is defined in
subsection (3) of
K.S.A. 75-3701(3),
and amendments thereto,
but shall.
"Agency head" does
not include the chief administrative officer of any state
institution.
(j) "Building construction" means furnishing and utilizing labor, equipment, materials or supplies used or consumed for the construction, alteration, renovation, repair or maintenance of a building or structure. "Building construction" does not include highways, roads, bridges, dams, turnpikes or related structures, including, but not limited to, rest areas and visitor centers or stand-alone parking lots.
Sec. 5. K.S.A. 75-2131 is hereby amended to read as follows: 75-2131. (a) Any agency head, as defined in K.S.A. 75-3208, and amendments thereto, or the governing body of any state board or agency having custody and control of any land belonging to the state of Kansas, with or without receiving consideration therefor, may grant or convey right-of-way easements across, over, upon or under any such state land to any municipal corporation, quasi-municipal corporation, the secretary of transportation or to any person, firm or corporation owning or operating any public utility. Such easements may include rights for municipal parking, playground or other municipal uses and rights of ingress or egress for the purpose of constructing, maintaining or removing any pipeline, power line, sewer or other public utility installation or any equipment or appurtenances necessary to the operation thereof. Any such easement, before becoming operative, shall be submitted to the attorney general for approval as to form.
(b) This section shall not apply to any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
Sec.
6. K.S.A. 75-3729 is hereby amended to read as follows: 75-3729.
(a)
The
director of accounts and reports shall design, devise and direct the
use of inventory records by all state agencies to show all fixed and
movable property of the state. The records shall be based on a
physical inventory
and shall be,
charged with all subsequent purchases, manufacture of property or
other methods of acquisition and
shall be
reduced by all property traded in, condemned or otherwise disposed
of. The accuracy of such property record shall be verified
periodically by actual inspection of such property by the state
agency and
shall be
verified periodically by the division of accounts and reports. The
state agencies may be required to take physical inventory of such
properties annually and at such other times as the director of
accounts and reports may direct.
(b) This section shall not apply to any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
Sec. 7. K.S.A. 75-3731a is hereby amended to read as follows: 75-3731a. (a) Subject to the approval of the secretary of administration, the director of accounts and reports may prescribe limitations and procedures relating to expenditures for official hospitality by agencies within the executive branch of state government.
(b) This section shall not apply to any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
Sec. 8. K.S.A. 75-3743 is hereby amended to read as follows: 75-3743. (a) Whenever the secretary of administration or any division head of the department of administration shall so require, certain specified contracts and leases of any state agency shall be approved as to form or execution by the attorney general. All orders or requisitions for supplies, materials and equipment shall be made on forms prescribed by the director of accounts and reports, unless a purchase order is required for each payment against a contract.
(b) This section shall not apply to any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
Sec. 9. K.S.A. 75-3744 is hereby amended to read as follows: 75-3744. (a) Except as otherwise provided in this act and rules and regulations adopted thereunder:
(a)(1) Every
contract subject to the approval of the attorney general shall be
signed by the administrative head of the affected state agency. No
such contract shall be valid or effective without the approval and
signature of the director of purchases.
(b)(2) All
other purchase orders and contracts issued or entered into by the
division of purchases shall be signed by the director of purchases.
Such purchase orders shall show on their face that an appropriation
fund or allotment has been encumbered for the full amount of the
liability.
(b) This section shall not apply to any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
Sec. 10. K.S.A. 75-37,115 is hereby amended to read as follows: 75-37,115. (a) There is hereby established the Kansas quality program within the department of administration for the purposes of providing procedures and incentives for the enhancement of quality in the business of state government. The secretary of administration shall administer the program and shall promote and assist the creation and development of Kansas quality teams in each state agency. The secretary of administration shall develop and coordinate appropriate training programs for state officers and employees in total quality management principles, which may include presentations by existing total quality management programs in firms and other organizations operating in Kansas.
(b) (1) The Kansas quality program shall be based on the principles of total quality management. The program shall provide opportunities for involvement of as many officers and employees of each state agency in Kansas quality teams as practicable to examine and improve the operations and activities of the state agency, except that no Kansas quality team shall be composed of more than 40 members unless specifically authorized by the secretary of administration. The Kansas quality program shall provide opportunities for individual quality improvement activities and recognition where such activities are determined to be more efficient and effective than establishing a Kansas quality team.
(2) In accordance with this section and with policies, procedures and guidelines prescribed by rules and regulations adopted by the secretary of administration, each state agency shall prepare a quality improvement plan containing proposed activities and quality goals for the state agency during a specified fiscal year or a portion thereof. Each quality improvement plan shall include comprehensive goals and specific goals for individual achievement or team achievement, shall be based on performance standards and other objective measures and shall be submitted for review and approval by the secretary of administration. All performance standards and other objective measures shall be stated in terms of quantitative measures in accordance with rules and regulations adopted by the secretary of administration under this section.
(c) The secretary of administration shall adopt rules and regulations for the administration and implementation of the Kansas quality program.
(d) As
used in this section, "state agency"
has the meaning ascribed thereto by
means the same as defined in
K.S.A. 75-3701, and amendments thereto,
except that "state agency" does not include any state
educational institution if policies are promulgated by such state
educational institution pursuant to section 2, and amendments
thereto.
Sec.
11. K.S.A. 75-5802 is hereby amended to read as follows: 75-5802.
As used in this act
unless the context specifically requires otherwise:
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of engineering and provide engineering services or practice the profession of land surveying and provide land surveying services.
(b) "Engineering
services" means
those
services described as the "practice
of engineering,"
as defined in K.S.A. 74-7003, and amendments thereto.
(c) "Land
surveying" means
those
services described as "professional
surveying,"
as defined in K.S.A. 74-7003, and amendments thereto.
(d) "Agency
head" means the chief administrative officer of a state agency,
as that term is defined in
subsection (3) of
K.S.A. 75-3701(3),
and amendments thereto,
but shall.
"Agency head" does
not include the chief administrative officer of any state
institution.
(e) "Negotiating
committee" means a committee designated to negotiate as
provided in this act,
and consisting of:
(1) The
agency head of the state agency for which the proposed project is
planned,
or a person designated by such agency head;
(2) the
secretary of administration,
or a person designated by such secretary; and
(3) the
chief administrative officer of the state institution for which the
proposed project is planned,
or,
when the proposed project is not planned for a state institution,
the agency head shall designate a second person in lieu of the chief
administrative officer of a state institution.
(f) "Project" means any capital improvement project or any study, plan, survey or program activity of a state agency, including development of new or existing programs and preparation of federal grant applications.
(g) "State building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer or employee of such commission.
(h) "State agency" means the same as defined in K.S.A. 75-3701, and amendments thereto, except that "state agency" does not include any state educational institution if policies are promulgated by such state educational institution pursuant to section 2, and amendments thereto.
Sec. 12. K.S.A. 75-6606 is hereby amended to read as follows: 75-6606. (a) Except as provided in subsection (b) and K.S.A. 75-6612 and 75-6613, and amendments thereto, all sales, trade-ins or other disposition of personal property owned by state agencies shall be made in accordance with the state surplus property act and rules and regulations authorized by such act.
(b) Subject to rules and regulations adopted pursuant to the state surplus property act or as otherwise directed by the governor, state agencies may transfer or loan personal property to other state agencies with or without charging a fee therefor. In accordance with procedures prescribed by the director of purchases, a state agency may trade in personal property in conjunction with a purchase by the state agency. The state agency shall give the secretary of administration or a designee of the secretary notice of the proposed trade-in. The secretary of administration or the secretary's designee may elect to provide for disposition of the property under the surplus property program in lieu of permitting the state agency to trade in the property.
(c) A
state educational institution as defined in K.S.A. 76-711, and
amendments thereto, shall not be required to sell,
trade-in
trade in
or dispose of personal property owned by such institution as
required by the state surplus property act or any rules and
regulations adopted pursuant thereto. A state educational
institution shall sell,
trade-in
trade in
or dispose of such personal property in accordance with policies
adopted by the state board of regents
or policies promulgated by the state educational institution
pursuant to section 2, and amendments thereto.
Sec. 13. K.S.A. 76-769 is hereby amended to read as follows: 76-769. (a) As used in this section:
(1) "State educational institution" means any state educational institution as defined in K.S.A. 76-711, and amendments thereto.
(2) "Professional services" means professional services as defined in K.S.A. 75-37,131, and amendments thereto.
(3) "State board" means the state board of regents.
(4) (A) "Services" means any professional services or other contractual services.
(B) "Services" does not mean architectural services, engineering services, construction, construction management or ancillary technical services.
(5) "Municipality" means any political or taxing subdivision of the state and any agency or instrumentality of a political or taxing subdivision of the state.
(6) "Lease of real property" means:
(A) Any agreement to lease real property:
(1) Between a state educational institution and one or more of its affiliated corporations;
(2) between a state educational institution and a municipality;
(3) between a state educational institution and any other party for vacant space that is less than 10,000 square feet; or
(4) between a state educational institution and any other party for a term not to exceed 24 months.
(B) "Lease of real property" includes any agreement to lease real property from a state educational institution and any agreement to lease real property to a state educational institution.
(b) Any supplies, materials, equipment, goods, property, printing or services may be acquired by a state educational institution, and any lease of real property may be entered into by a state educational institution. Any such acquisition or lease shall be in accordance with policies adopted by the state board or policies promulgated by any state educational institution pursuant to section 2, and amendments thereto, and shall not be subject to K.S.A. 75-1005, 75-3737a through 75-3741b, 75-3742 through 75-3744 and 75-37,130 through 75-37,134, and amendments thereto, or any rules and regulations or policies adopted thereunder. Nothing in this subsection shall be construed as prohibiting a state educational institution from using contracts established or services offered by the director of purchases.
(c) The acquisition of any articles or products produced by inmates in the custody of the secretary of corrections that may be required by a state educational institution may be acquired in accordance with policies adopted by the state board or policies promulgated by any state educational institution pursuant to section 2, and amendments thereto. Any such acquisition shall not be subject to the provisions of the prison-made goods act of Kansas requiring any such acquisition to be made from the secretary of corrections as provided in K.S.A. 75-5273 through 75-5282, and amendments thereto, or any rules and regulations or policies adopted thereunder.
New Sec. 14. The provisions of this act are declared severable. Any provision of this act or the application thereof to any person or circumstance that is held to be unconstitutional or invalid shall not affect the validity of any remaining provisions of this act or the applicability of such provisions to any person or circumstance.
Sec. 15. K.S.A. 74-3264, 75-1251, 75-2131, 75-3729, 75-3731a, 75-3743, 75-3744, 75-37,115, 75-5802, 75-6606 and 76-769 are hereby repealed.";
And by renumbering sections accordingly;
Also on page 1, in the title, in line 1, by striking "the disposition of state real property" and inserting "postsecondary education"; in line 3, after "Kansas" by inserting "; granting state educational institutions the authority to conduct transactions involving contracts, easements and the procurement of goods and services; exempting such state educational institutions from statutes governing such transactions; authorizing legislators to request copies of certain documents; amending K.S.A. 74-3264, 75-1251, 75-2131, 75-3729, 75-3731a, 75-3743, 75-3744, 75-37,115, 75-5802, 75-6606 and 76-769 and repealing the existing sections";
And your committee on conference recommends the adoption of this report.
Renee Erickson
Adam Thomas
Dinah Sykes
Conferees on part of Senate
Adam Turk
Kyler Sweely
Mike Amyx
Conferees on part of House
On motion of Rep. Turk, the conference committee report on HB 2560 was adopted.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not voting: 5.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergquist, Blex, Bloom, Boatman, Bohi, Borjon, Brantley, Paige, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Pickert, Pishny, Poetter, Poskin, Proctor, Reavis, Rhiley, Roeser, Roth, Ruiz, S., Sanders, Sappington, Sawyer, Clayton, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Winn, Wolf, Woodard, Xu.
Nays: None.
Present but not voting: None.
Absent or not voting: Bergkamp, Delperdang, Rahjes, Ruiz, L., Weigel.
CONFERENCE COMMITTEE REPORT
MR. SPEAKER and MR. PRESIDENT: Your committee on conference on Senate amendments to HB 2587 submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on conference further agrees to amend the bill as printed with Senate Committee amendments, as follows:
On page 1, by striking all in lines 7 through 33;
On page 2, by striking all in lines 1 through 24; following line 24 by inserting:
"New Section 1. Any person who displays a driver's license showing such person as a noncitizen at a polling place shall be given a provisional ballot for voting purposes if such person claims to be a citizen.
Sec. 2. K.S.A. 2025 Supp. 8-243 is hereby amended to read as follows: 8-243. (a) Upon payment of the required fee, the division shall issue to every applicant qualifying under the provisions of this act the driver's license as applied for by the applicant. Such license shall bear the class or classes of motor vehicles that the licensee is entitled to drive, a distinguishing number assigned to the licensee, the full legal name, citizenship status, the date of birth, gender, address of principal residence and a brief description of the licensee, either: (1) A digital color image or photograph; or (2) a laser-engraved photograph of the licensee, a facsimile of the signature of the licensee and the statement provided for in subsection (b). No driver's license shall be valid until it has been signed by the licensee. All drivers' licenses issued to persons under the age of 21 years shall be readily distinguishable from licenses issued to persons age 21 years or older. In addition, all drivers' licenses issued to persons under the age of 18 years shall also be readily distinguishable from licenses issued to persons age 18 years or older. The secretary of revenue shall implement a vertical format to make drivers' licenses issued to persons under the age of 21 more readily distinguishable. Except as otherwise provided, no driver's license issued by the division shall be valid until either: (1) A digital color image or photograph; or (2) a laser-engraved photograph of such licensee has been taken and verified before being placed on the driver's license. The secretary of revenue shall prescribe a fee of not more than $8 and upon the payment of such fee, the division shall cause either: (1) A digital color image or photograph; or (2) a laser-engraved photograph of such applicant to be placed on the driver's license. Upon payment of such fee prescribed by the secretary of revenue, plus payment of the fee required by K.S.A. 8-246, and amendments thereto, for issuance of a new license, the division shall issue to such licensee a new license containing either: (1) A digital color image or photograph; or (2) a laser-engraved photograph of such licensee. A driver's license that does not contain the principal address as required may be issued to persons who are program participants pursuant to K.S.A. 75-455, and amendments thereto, upon payment of the fee required by K.S.A. 8-246, and amendments thereto. All Kansas drivers' licenses and identification cards shall have physical security features designed to prevent tampering, counterfeiting or duplication of the document for fraudulent purposes. The secretary of revenue shall incorporate common machine-readable technology into all Kansas drivers' licenses and identification cards.
(b) A Kansas driver's license issued to any person 16 years of age or older who indicated on the person's application that the person wished to make a gift of all or any part of the body of the licensee in accordance with the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and amendments thereto, shall have the word "Donor" placed on the front of the licensee's driver's license.
(c) Any person who is deaf or hard of hearing may request that the division issue to such person a driver's license which is readily distinguishable from drivers' licenses issued to other drivers and upon such request the division shall issue such license. Drivers' licenses issued to persons who are deaf or hard of hearing and under the age of 21 years shall be readily distinguishable from drivers' licenses issued to persons who are deaf or hard of hearing and 21 years of age or older. Upon satisfaction of subsection (a), the division shall issue a receipt of application permitting the operation of a vehicle consistent with the requested class, if there are no other restrictions or limitations, pending the division's verification of the information and production of a driver's license.
(d) A driver's license issued to a person required to be registered under K.S.A. 22-4901 et seq., and amendments thereto, shall be assigned a distinguishing number by the division which will readily indicate to law enforcement officers that such person is a registered offender. The division shall develop a numbering system to implement the provisions of this subsection.
(e) (1) Any person who is a veteran may request that the division issue to such person a driver's license that shall include the designation "VETERAN" displayed on the front of the driver's license at a location to be determined by the secretary of revenue. In order to receive a license described in this subsection, the veteran shall provide a copy of the veteran's DD form 214, NGB form 22 or equivalent discharge document showing character of service as honorable or general under honorable conditions.
(2) As used in this subsection, "veteran" means a person who served in the active military, naval, air or space service, including those groups and individuals listed under 38 C.F.R. § 3.7, and who was discharged or released therefrom under an honorable discharge or a general discharge under honorable conditions.
(3) The director of vehicles may adopt any rules and regulations necessary to carry out the provisions of this subsection.
(f) (1) Any person who submits satisfactory proof to the director of vehicles, on a form provided by the director, that such person needs assistance with cognition, including, but not limited to, persons with autism spectrum disorder, may request that the division issue to such person a driver's license, that shall note such impairment on the driver's license at a location to be determined by the secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition shall include a statement from a person licensed to practice the healing arts in any state, an advanced practice registered nurse licensed under K.S.A. 65-1131, and amendments thereto, a licensed physician assistant or a person clinically licensed by the Kansas behavioral sciences regulatory board certifying that such person needs assistance with cognition.
Sec. 3. K.S.A. 2025 Supp. 8-243 is hereby repealed.";
And by renumbering sections accordingly;
On page 1, in the title, in line 1, by striking all after "concerning"; by striking all in lines 2 and 3; in line 4, by striking all before the period and inserting "driver's licenses; requiring that citizenship status be shown on the license; requiring that persons who present a driver's license that identify such persons as noncitizens at a polling place be given a provisional ballot if such persons claim to be a citizen; amending K.S.A. 2025 Supp. 8-243 and repealing the existing section";
And your committee on conference recommends the adoption of this report.
Mike Thompson
Michael Murphy
Conferees on part of Senate
Pat Proctor
Paul Waggoner
Conferees on part of House
On motion of Rep. Proctor, the conference committee report on HB 2587 was adopted.
On roll call, the vote was: Yeas 77; Nays 42; Present but not voting: 0; Absent or not voting: 6.
Yeas: Anderson, Awerkamp, Barrett, Bergquist, Blex, Bloom, Brantley, Brunk, Bryce, Buehler, Caiharr, B. Carpenter, W. Carpenter, Chauncey, Corbet, Croft, Droge, Ellis, Esau, Essex, Estes, Fairchild, Francis, Gardner, Goddard, Goetz, Hawkins, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, McNorton, Minnix, Moser, Neelly, Pickert, Pishny, Proctor, Reavis, Rhiley, Roth, Sanders, Sappington, Schmoe, Schwertfeger, Seiwert, Smith, A., Smith, C., Steele, Stiens, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Waggoner, Ward, Wasinger, Waymaster, White, Wilborn, Willcott, Williams, K., Wilson, Wolf.
Nays: Alcala, Amyx, Ballard, Boatman, Bohi, Borjon, Paige, Butler, Carlin, Carmichael, Carr, Collins, Curtis, Featherston, Haskins, Helgerson, Hoye, Martinez, McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Oropeza, Osman, Ousley, Poskin, Roeser, Ruiz, S., Sawyer, Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill, Vaughn, Wikle, Williams, L., Winn, Woodard, Xu.
Present but not voting: None.
Absent or not voting: Bergkamp, Delperdang, Poetter, Rahjes, Ruiz, L., Weigel.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Bergquist, the House concurred in Senate amendments to Sub Bill for HB 2099, AN ACT concerning the disposition of state real property; authorizing the secretary of corrections on behalf of the department of corrections and the state of Kansas to convey certain real property in Leavenworth county, Kansas, to Leavenworth county.
(The House requested the Senate to return the bill, which was in conference).
On roll call, the vote was: Yeas 113; Nays 4; Present but not voting: 0; Absent or not voting: 8.
Yeas: Alcala, Amyx, Anderson, Awerkamp, Ballard, Barrett, Bergquist, Blex, Bloom, Bohi, Borjon, Brantley, Brunk, Bryce, Buehler, Butler, Caiharr, Carlin, Carmichael, B. Carpenter, W. Carpenter, Carr, Chauncey, Collins, Corbet, Croft, Curtis, Droge, Ellis, Esau, Essex, Estes, Fairchild, Featherston, Francis, Gardner, Goddard, Goetz, Haskins, Hawkins, Helgerson, Helwig, Hoffman, Hoheisel, Howe, Howell, Howerton, Hoye, Huebert, Humphries, James, T. Johnson, Kessler, King, Lewis, Long, Martinez, McDonald, McNorton, Melton, Meyer, Minnix, Moser, Mosley, Neelly, Neighbor, Ohaebosim, Oropeza, Osman, Pickert, Pishny, Poskin, Proctor, Reavis, Rhiley, Roeser, Roth, Sanders, Sappington, Sawyer, Schlingensiepen, Schmoe, Schreiber, Schwertfeger, Seiwert, Simmons, Smith, A., Smith, C., Steele, Stiens, Stogsdill, Storm, Sutton, Sweely, Tarwater, Turk, Turner, VanHouden, Vaughn, Waggoner, Ward, Wasinger, Waymaster, White, Wikle, Wilborn, Willcott, Williams, K., Williams, L., Wilson, Wolf, Woodard, Xu.
Nays: Boatman, Ousley, Ruiz, S., Clayton.
Present but not voting: None.
Absent or not voting: Bergkamp, Paige, Delperdang, Poetter, Rahjes, Ruiz, L., Weigel, Winn.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions and certificates that:
Request No. 46, Representative Dawn Wolf, congratulating Shane Pearson, 2025 Kansas State Fire Chief of the Year;
Request No. 47, Representative Kirk Haskins, commending Kansas Thespians, giving Kansas students a stage to dream and rise;
Request No. 48, Representative Jesse Borjon, congratulating Young Men's Christian Association, ( YMCA ), for 175th Anniversary;
Request No. 49, Representative Courtney Sappington, congratulating Aiden Gabriel Strohm, for 2025 Eagle Scout;
Request No. 50, Representative Angela Martinez, congratulating Kansas Health Science University-College of Osteopathic Medicine for inaugural class of osteopathic physicians; not completed
Request No. 51, Representative Rui Xu, congratulating Shawnee Mission East Boys Swim Team, 6A Swim & Dive Champions;
Request No. 52, Representative KC Ohaebosin, in memory of Melody McCray-Miller, offering prayers for the Miller family;
Request No. 53, Representative Kyle Hoffman, congratulating South Central High School Football Team, 2025 State Champions, Division 1;
Request No. 54, Representative Adam Turk ,commending Kansas State Fire Marshal's, recognizing Type 3 Swiftwater Search and Rescue team, July 12, 2025;
Request No. 55, Representative Barb Wasinger, congratulating Marianne and Keith Watson on 75 years of marriage;
Request No. 56, Representative KC Ohaebosim, in memory of Greg Williams. Our prayers are with the entire Williams family;
Request No. 57, Representative Jesse Borjon, congratulating Hayden High School Girls Basketball Team, 4A State Championship;
Request No. 58, Representative Carolyn Caiharr, congratulating Bonner Springs High School Boys Basketball Team for winning the 5A State Championship;
Request No. 59, Representative Ronald Ellis, congratulating Osiris Unruh, Class 4A Wrestling Championship, 285 pound weight class;
Request No. 60-72, Representative Troy Waymaster, congratulating Russell High School, Girls 3-2-1A Wrestling Champions, Coaches and Athletic Director;
Request No. 73, Representative Courtney Sappington, Congratulating Baldwin City, USD 348 Boys Basketball team for Class 4A Championship on 3-14-2026;
Request No. 74, Representative Brett Fairchild, congratulating Sterling High School Boys Basketball for winning the 2A basketball title;
Request No. 75, Representative Ken Rahjes, congratulating Dr. Frank Tracz, Director of Kansas State University for 33 years, led construction of the Tracz Band Hall and recipient of the Sudler trophy;
Request No. 76, Representative Pat Proctor commending Army Corrections Brigade Bataan Memorial Death March team for placing 2nd in the nation at White Sands, New Mexico, representing Fort Leavenworth, Kansas;
Request No. 77, Representative Barbara W. Ballard, honoring Pastor Leo Barbie, Jr., retirement and his 88th birthday;
be approved and the Chief Clerk of the House be directed to order the printing of said certificates and order drafting of said resolutions;
On motion of Representative Croft the committee report was adopted.
REPORT ON ENGROSSED BILLS
HB 2615 reported correctly engrossed on March 25, 2026.
HB 2464 reported correctly engrossed on March 26, 2026.
HB 2124, HB 2158, HB 2647 reported correctly re-engrossed on March 26, 2026.
HB 2481 reported correctly engrossed on March 27, 2026.
REPORT ON ENROLLED BILLS
HB 2237, HB 2320, HB 2323, HB 2331, HB 2374, HB 2378, HB 2416, HB 2435, HB 2440, HB 2444, HB 2467, HB 2468, HB 2470, HB 2487, HB 2520, HB 2524, HB 2536, HB 2537, HB 2539, HB 2552, HB 2562, HB 2571, HB 2574, HB 2595, HB 2602, HB 2603, HB 2618, HB 2644, HB 2719, HB 2727, HB 2729, HB 2737, HB 2747, HB 2769, HB 2781 reported correctly enrolled, properly signed and presented to the Governor on March 27, 2026.
On motion of Rep. Croft, the House adjourned until 10:00 a.m., Thursday, April 9, 2026.
JENNY HAUGH, JULIA WERNER, Journal Clerks.
SUSAN W. KANNARR, Chief Clerk.
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