Volume 42 - Issue 4 - January 26, 2023

State of Kansas

Legislative Administrative Services

Legislative Bills and Resolutions Introduced

The following numbers and titles of bills and resolutions were introduced January 13–18 during the 2023 session of the Kansas Legislature. Full text of bills, bill tracking, and other information may be accessed at http://www.kslegislature.org/li/.

House Bills

HB 2030, AN ACT concerning the Kansas state high school activities association; authorizing certain students to participate in activities offered by school districts; allowing nonpublic school students who enroll part time in a public school to participate in nonpublic school activities, by Committee on K-12 Education Budget.

HB 2031, AN ACT concerning crimes, punishment and criminal procedure; enacting the reduce armed violence act; increasing criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; amending K.S.A. 2022 Supp. 21-6804 and repealing the existing section, by Committee on Corrections and Juvenile Justice.

HB 2032, AN ACT concerning social welfare; relating to food assistance; allowing persons with felony drug convictions to receive assistance; amending K.S.A. 2022 Supp. 39-709 and repealing the existing section, by Committee on Corrections and Juvenile Justice.

HB 2033, AN ACT concerning children and minors; relating to children in need of care; juvenile crisis intervention centers; changing the criteria used to refer and admit juveniles; defining behavioral health crisis; amending K.S.A. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536 and 75-52,164 and repealing the existing sections, by Committee on Corrections and Juvenile Justice.

HB 2034, AN ACT concerning children and minors; relating to procedures in investigations of child abuse or neglect; requiring a child abuse review and evaluation referral; creating a program in the department of health and environment for the training and payment for child abuse reviews and exams; defining child abuse review and evaluation providers, networks and examination and child abuse medical resource centers; amending K.S.A. 38-2202 and 38-2226 and repealing the existing sections, by Committee on Child Welfare and Foster Care.

HB 2035, AN ACT concerning elections; relating to voter registration; requiring the secretary of state to submit an annual report on voter registration procedures to the legislature, by Committee on Elections.

HB 2036, AN ACT concerning property taxation; relating to exemptions; creating a property tax exemption for homestead property of certain retired and disabled veterans, by Representatives Proctor, Blex, Buehler, Butler, Clifford, Collins, Dodson, M., Ellis, Johnson, Neelly, Thompson and Turk.

HB 2037, AN ACT concerning elections; relating to voter registration; requiring verification of the residential address for each registered voter; creating the crime of falsifying a residential address for purposes of voter registration; amending K.S.A. 25-2305a and repealing the existing section, by Committee on Elections.

HB 2038, AN ACT concerning elections; relating to voter identification; requiring postsecondary educational institutions to indicate when a student’s identification issued by such institution cannot be used for voting purposes; amending K.S.A. 25-1122d and K.S.A. 2022 Supp. 25-2908 and repealing the existing sections, by Committee on Elections.

HB 2039, AN ACT concerning wildlife and parks; relating to hunting and fishing licenses; exempting disabled veterans from certain requirements; amending K.S.A. 32-906, 32-919 and 32-988 and repealing the existing sections, by Representative Waymaster.

HB 2040, AN ACT concerning education; relating to the Kansas school equity and enhancement act; authorizing the use of current-year student enrollment to determine state foundation aid; amending K.S.A. 2022 Supp. 72-5132 and repealing the existing section, by Committee on Education.

HB 2041, AN ACT concerning taxation; relating to sales and compensating use tax; providing for a sales tax exemption for a not-for-profit corporation operating a community theater; amending K.S.A. 2022 Supp. 79-3606 and repealing the existing section, by Committee on Taxation.

HB 2042, AN ACT concerning self-storage rental units; authorizing the towing by operators of such units of motor vehicles, watercraft or trailers if the occupant is in default for more than 45 days; granting operators protection from liability for damages; extinguishing an operator’s lien on such property upon towing; providing for notice to the occupant and opportunity for redemption prior to towing; amending K.S.A. 2022 Supp. 58-817 and repealing the existing section, by Committee on Commerce, Labor and Economic Development.

HB 2043, AN ACT concerning elections; relating to voter registration; requiring that discharged inmates be offered the opportunity to register to vote; the secretary of state to develop a voter registration program that offers voter registration services through certain state agencies and at each accredited high school; amending K.S.A. 25-2416 and K.S.A. 2022 Supp. 22-3722 and repealing the existing sections, by Committee on Federal and State Affairs.

HB 2044, AN ACT concerning the Kansas act against discrimination; relating to race; including hair texture and protective hairstyles historically associated with race; amending K.S.A. 44-1002 and 44-1015 and repealing the existing sections, by Committee on Federal and State Affairs.

HB 2045, AN ACT concerning pawnbrokers; relating to loans made by pawnbrokers; increasing the statutory limit on charges that may be assessed on such loans; amending K.S.A. 16-719 and repealing the existing section, by Committee on Federal and State Affairs.

HB 2046, AN ACT concerning marriage; requiring persons to be 18 years of age or older to be eligible to give consent for marriage; eliminating exceptions thereto; excluding certain days from the current three-day waiting period; amending K.S.A. 2022 Supp. 23-2505 and repealing the existing section, by Committee on Federal and State Affairs.

HB 2047, AN ACT concerning water; relating to the Kansas water pollution control revolving fund; increasing the amortization period on loans from the Kansas water pollution control revolving fund; amending K.S.A. 65-3326 and repealing the existing section, by Committee on Water.

HB 2048, AN ACT concerning education; relating to the tax credit for low income students scholarship program; providing for additional student eligibility; increasing the tax credit for contributions made pursuant to such program; amending K.S.A. 72-4353 and 72-4357 and K.S.A. 2022 Supp. 72-4352 and repealing the existing sections, by Committee on K-12 Education Budget.

HB 2049, AN ACT concerning health professions and practices; relating to unlicensed employees working in adult care homes; nurse aide courses of instruction; prohibiting the secretary for aging and disability services from requiring that such courses to be longer than 75 hours; amending K.S.A. 2022 Supp. 39-936 and repealing the existing section, by None.

HB 2050, AN ACT concerning the state children’s health insurance program; relating to eligibility; updating income requirements therefor; amending K.S.A. 38-2001 and repealing the existing section, by None.

HB 2051, AN ACT establishing the advisory commission on Asian-American Pacific Islander affairs; providing for the composition thereof; appointment of members; powers and duties, by Representative Xu.

HB 2052, AN ACT concerning elections; relating to voter registration; requiring correction of voter registration lists when notice is provided that a person is disqualified from juror service due to not being a United States citizen; amending K.S.A. 43-162 and K.S.A. 2022 Supp. 25-2316c and repealing the existing sections, by Committee on Elections.

HB 2053, AN ACT concerning elections; relating to advance voting ballots; authorizing the secretary of state to adopt rules and regulations for the use of remote ballot boxes, by Committee on Elections.

HB 2054, AN ACT concerning elections; relating to requests for recounts of votes after an election; modifying the deadline for submitting such requests; amending K.S.A. 25-3107 and repealing the existing section, by Committee on Elections.

HB 2055, AN ACT concerning elections; relating to advance voting ballots; prohibiting third parties from mailing applications for such ballots to registered voters; amending K.S.A. 25-1122 and repealing the existing section, by Committee on Elections.

HB 2056, AN ACT concerning elections; relating to advance voting ballots; requiring the return of such ballots by 7 p.m. on the day of the election; amending K.S.A. 25-1132 and repealing the existing section, by Committee on Elections.

HB 2057, AN ACT concerning elections; relating to advance voting ballots; regulating the use of remote ballot boxes for the return of such ballots, by Committee on Elections.

HB 2058, AN ACT concerning alcoholic beverages; relating to the special order shipping of wine; requiring monthly remittance of gallonage taxes; amending K.S.A. 41-350 and repealing the existing section, by Committee on Federal and State Affairs.

HB 2059, AN ACT concerning alcoholic beverages; amending the common consumption area law to permit rather than require roads be blocked and allowing designation of such areas by signage; amending K.S.A. 41-2659 and repealing the existing section, by Committee on Federal and State Affairs.

HB 2060, AN ACT concerning education; relating to special education and related services; establishing the special education and related services funding task force; repealing K.S.A. 72-3441, by Committee on K-12 Education Budget.

HB 2061, AN ACT concerning taxation; relating to income tax rates; providing a 5% tax rate for individuals and corporations and providing that future tax rate decreases be contingent on exceeding revenue estimates; relating to privilege tax rates; decreasing the surtax; amending K.S.A. 79-1107 and 79-1108 and K.S.A. 2022 Supp. 79-32,110 and repealing the existing sections, by Committee on Taxation.

HB 2062, AN ACT concerning taxation; relating to rental and leased motor vehicles; imposing property tax on rental and leased vehicles and discontinuing the excise tax on the rental or lease thereof; amending K.S.A. 8-1,189, 8-2802, 79-5101 and 79-5117 and K.S.A. 2022 Supp. 79-3606 and repealing the existing sections, by Committee on Taxation.

HB 2063, AN ACT concerning workers compensation; limiting workers compensation reductions based on the receipt of retirement benefits to reductions of permanent disability compensation based on the receipt of retirement benefits that begin after an accident; amending K.S.A. 44-501 and repealing the existing section, by Committee on Commerce, Labor and Economic Development.

HB 2064, AN ACT concerning economic development; relating to income and privilege tax incentives for employee savings accounts; establishing the Kansas employee emergency savings account (KEESA) program; providing an income and privilege tax credit for certain eligible employer deposits to employee savings accounts established under the program; providing a subtraction modification for certain employee deposits to savings accounts established under the program; amending K.S.A. 2022 Supp. 79-32,117 and repealing the existing section, by Committee on Commerce, Labor and Economic Development.

HB 2065, AN ACT concerning family law; relating to dissolution of marriage; allowing change to name other than former or maiden name; amending K.S.A. 2022 Supp. 23-2716 and repealing the existing section, by Representatives Highberger and Neelly.

HB 2066, AN ACT concerning property taxation; relating to motor vehicles; providing for a property tax exemption of up to two motor vehicles for firefighters and emergency medical service providers; amending K.S.A. 2022 Supp. 79-5107 and repealing the existing section, by Committee on Taxation.

HB 2067, AN ACT concerning crimes, punishment and criminal procedure; increasing the felony loss thresholds of certain property crimes to match theft; amending K.S.A. 2022 Supp. 21-5802, 21-5813, 21-5821, 21-5825, 21-5828, 21-5830, 21-5927, 21-6002, 21-6004, 21-6005 and 21-6205 and repealing the existing sections, by Committee on Corrections and Juvenile Justice.

HB 2068, AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; multiple sentences for persons convicted of a new crime; modifying how certain prior convictions are counted for the special sentencing rule related to possession of a controlled substance; amending K.S.A. 2022 Supp. 21-6606 and 21-6805 and repealing the existing sections, by Committee on Corrections and Juvenile Justice.

HB 2069, AN ACT concerning crimes, punishment and criminal procedure; relating to postrelease supervision; providing that such term does not toll except as provided by law; amending K.S.A. 2022 Supp. 22-3722 and repealing the existing section, by Committee on Corrections and Juvenile Justice.

HB 2070, AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; allowing certain nondrug offenders to participate in a certified drug abuse treatment program; amending K.S.A. 2022 Supp. 21-6824 and repealing the existing section, by Committee on Corrections and Juvenile Justice.

HB 2071, AN ACT concerning crimes, punishment and criminal procedure; relating to terminal medical release; criteria for release; permitting release earlier in terminal diagnosis; amending K.S.A. 2022 Supp. 22-3729 and repealing the existing section, by Committee on Corrections and Juvenile Justice.

HB 2072, AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; reducing the range for an offender classified in grid blocks 5-A through 5-H and increasing the range for an offense classified in grid block 5-I; amending K.S.A. 2022 Supp. 21-6805 and repealing the existing section, by Committee on Corrections and Juvenile Justice.

HB 2073, AN ACT concerning children and minors; relating to juvenile offenders; the revised Kansas juvenile justice code; prohibiting fines, fees and costs from being assessed against a juvenile or a juvenile’s parent, guardian or custodian; amending K.S.A. 12-16,119, 20-3129, 28-170, 28-170a, 28-176, 38-2306, 38-2312, 38-2315, 38-2317, 38-2328, 38-2331, 38-2346, 38-2348, 38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-2396, 38-2399 and 75-724 and K.S.A. 2022 Supp. 21-6609, 22-4905 and 28-177 and repealing the existing sections; also repealing K.S.A. 38-2314, 38-2319, 38-2321 and 38-2324 and K.S.A. 2022 Supp. 20-167, by Committee on Corrections and Juvenile Justice.

HB 2074, AN ACT concerning the care and treatment act for mentally ill persons; relating to temporary custody orders; allowing courts to prohibit possession of a firearm therein; amending K.S.A. 59-2959 and K.S.A. 2022 Supp. 59-2966 and repealing the existing sections, by Committee on Judiciary.

HB 2075, AN ACT concerning elections; relating to campaign practices; requiring publication of signed statements of fair campaign practices; creating a cause of action for violations of such statement and for making materially false statements; amending K.S.A. 25-4119g and repealing the existing section, by Representative Poskin.

HB 2076, AN ACT repealing K.S.A. 2022 Supp. 60-5322; the adoption protection act, by Representatives Meyer, Ruiz, S. and Woodard.

HB 2077, AN ACT concerning information technology; relating to information technology projects and reporting requirements; information technology security training and cybersecurity reports; requiring certain information to be provided to the joint committee on information technology; amending K.S.A. 46-2102, 75-7201, 75-7205, 75-7206, 75-7208, 75-7209, 75-7210, 75-7211, 75-7237, 75-7239, 75-7240 and 75-7242 and repealing the existing sections, by Committee on Joint Committee on Information Technology.

HB 2078, AN ACT concerning information technology; relating to the information technology executive council; providing for membership requirements, terms of members and quorum requirements; amending K.S.A. 75-7202 and repealing the existing section, by Committee on Joint Committee on Information Technology.

HB 2079, AN ACT concerning wildlife; relating to the Kansas department of wildlife and parks; establishing a statutory white-tailed deer firearm hunting season; requiring the Kansas department of wildlife and parks to provide resident hunting license holders certain permits free of charge, by Committee on Agriculture and Natural Resources.

House Resolutions

HR 6005, A RESOLUTION relating to assignment of seats of the House of Representatives, by Representatives Hawkins, Croft and V. Miller.

House Concurrent Resolutions

HCR 5003, A CONCURRENT RESOLUTION providing for a joint session of the Senate and the House of Representatives for the purpose of hearing a message from the Governor, by Representatives Hawkins, Croft and V. Miller.

Senate Bills

SB 34, AN ACT concerning housing; relating to the Kansas rural housing incentive district act; expanding the availability of such districts to certain cities and the use of bond proceeds; amending K.S.A. 12-5241, 12-5242 and 12-5249 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 35, AN ACT concerning the legislature; relating to the compensation for members thereof; increasing the rate of compensation for service during regular and special sessions and the interim period between regular sessions; amending K.S.A. 46-137a and repealing the existing section, by Committee on Federal and State Affairs.

SB 36, AN ACT concerning the Kansas act against discrimination; relating to ancestry; including hair texture and protective hairstyles in the definition thereof; amending K.S.A. 44-1002 and 44-1015 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 37, AN ACT concerning taxation; relating to the Kansas housing investor tax credit act; expanding the transferability of income, privilege and premium tax credits issued under the act; amending K.S.A. 2022 Supp. 79-32,313 and repealing the existing section, by Committee on Federal and State Affairs.

SB 38, AN ACT concerning workers compensation; relating to an employer’s maximum liability for permanent total disability; increasing the statutory limit for such liability; amending K.S.A. 44-510f and repealing the existing section, by Committee on Federal and State Affairs.

SB 39, AN ACT concerning the state capitol; relating to permanent displays and murals; directing the capitol preservation committee to develop and approve plans for a mural honoring the 1st Kansas (Colored) Voluntary Infantry regiment; creating the 1st Kansas (Colored) Voluntary Infantry regiment mural fund; amending K.S.A. 75-2264 and repealing the existing section, by Committee on Federal and State Affairs.

SB 40, AN ACT concerning income taxation; relating to Kansas adjusted gross income; providing a subtraction modification to permit the carryforward of certain net operating losses for individuals; amending K.S.A. 2022 Supp. 79-32,117 and repealing the existing section, by Committee on Assessment and Taxation.

SB 41, AN ACT concerning sales and compensating use taxation; relating to the collection and remittance of taxes; providing a credit to retailers, by Committee on Assessment and Taxation.

SB 42, AN ACT concerning certain claims against the state; making appropriations; authorizing certain transfers; imposing certain restrictions and limitations; directing or authorizing certain disbursements, procedures and acts incidental to the foregoing, by Joint Committee on Special Claims Against the State.

SB 43, AN ACT making and concerning appropriations for the fiscal years ending June 30, 2023, June 30, 2024, and June 30, 2025, for the university of Kansas medical center; relating to conducting certain clinical trials at the midwest stem cell therapy center, by Committee on Public Health and Welfare.

SB 44, AN ACT concerning financial institutions; relating to cybersecurity; enacting the Kansas financial institutions information security act; requiring certain covered entities to protect customer information; authorizing the state bank commissioner to adopt rules and regulations; providing penalties for violations of such act, by Committee on Financial Institutions and Insurance.

SB 45, AN ACT concerning the state children’s health insurance program; relating to eligibility; updating income requirements therefor; amending K.S.A. 38-2001 and repealing the existing section, by Committee on Ways and Means.

SB 46, AN ACT concerning wind energy conversion systems; relating to aviation obstruction lighting; requiring existing wind energy conversion systems to install light-mitigating technology systems subject to the approval of the federal aviation administration, by Committee on Utilities.

SB 47, AN ACT concerning cities and counties; prohibiting the regulations of consumer merchandise and of auxiliary containers that are designed for the consumption, transportation or protection of consumer merchandise, by Committee on Commerce.

SB 48, AN ACT concerning postsecondary education; relating to the postsecondary technical education authority; authorizing community college and technical college appointments thereto; establishing the length of membership terms; making ex officio members non-voting; amending K.S.A. 74-32,401 and repealing the existing section, by Committee on Education.

SB 49, AN ACT concerning wind energy conversion systems; relating to aviation obstruction lighting; requiring new wind energy conversion systems to be constructed with light-mitigating technology systems prior to the commencement of operations subject to the approval of the federal aviation administration, by Committee on Utilities.

SB 50, AN ACT concerning consumer protection; relating to terms of service for social media websites; prohibiting censorship of certain speech made via such websites, by Senators Steffen, Straub and Thompson.

SB 51, AN ACT concerning financial institutions; relating to the technology-enabled fiduciary financial institutions act; definitions; authorizing the state bank commissioner to accept state and national criminal history record checks from private entities; amending K.S.A. 9-2301 and 9-2302 and repealing the existing sections, by Committee on Financial Institutions and Insurance.

SB 52, AN ACT concerning income taxation; relating to Kansas adjusted gross income; increasing the income limit to qualify for the subtraction modification for social security benefits; providing a subtraction modification for certain amounts received from retirement plans; amending K.S.A. 2022 Supp. 79-32,117 and repealing the existing section, by Committee on Assessment and Taxation.

SB 53, AN ACT concerning sales taxation; relating to exclusions from the sales or selling price; excluding manufacturers’ coupons; amending K.S.A. 2022 Supp. 79-3602c and repealing the existing section, by Committee on Assessment and Taxation.

SB 54, AN ACT concerning sales taxation; relating to rates; expanding the eligible uses for the 0% state rate for sales of certain utilities and providing for the levying of such tax by cities and counties; amending K.S.A. 12-189a and K.S.A. 2022 Supp. 79-3603 and repealing the existing sections, by Committee on Assessment and Taxation.

SB 55, AN ACT concerning sales taxation; relating to exemptions; providing an exemption for sales of certain school supplies, computers and clothing during an annual sales tax holiday, by Committee on Assessment and Taxation.

SB 56, AN ACT concerning income taxation; relating to the determination of Kansas adjusted gross income; increasing the income limit to qualify for a subtraction modification for social security income; amending K.S.A. 2022 Supp. 79-32,117 and repealing the existing section, by Committee on Assessment and Taxation.

SB 57, AN ACT concerning taxation; relating to sales and compensating use tax; reducing the rate of tax on sales of food and food ingredients; providing an exemption for sales of children’s diapers and feminine hygiene products; relating to STAR bonds; establishing the STAR bonds food sales tax revenue replacement fund and providing certain transfers thereto; altering the calculation for STAR bond districts; relating to income tax; discontinuing the food sales tax credit; amending K.S.A. 12-17,162 and K.S.A. 2022 Supp. 79-32,271, 79-3603, 79-3603d, 79-3606, 79-3620, 79-3703 and 79-3710 and repealing the existing sections, by Committee on Assessment and Taxation.

SB 58, AN ACT concerning sales taxation; relating to exemptions; providing an exemption for certain purchases by disabled veterans of the armed forces of the United States, by Senators Peck, Blasi, Bowers, Claeys, Corson, Dietrich, Doll, Kloos and Pittman.

SB 59, AN ACT concerning days of commemoration; designating “Martin Luther King, Jr. Day at the Capitol.”, by Senators Faust-Goudeau and Haley.

Doc. No. 050842