Volume 42 - Issue 21 - May 25, 2023
(Published in the Kansas Register May 25, 2023.)
(Editor’s Note: Sections of the following bill were vetoed by the governor. The line-item vetoes are indicated in double-strike type. The vetoes were sustained by the Legislature. The governor’s line-item veto message is printed immediately following the bill.)
Senate Bill 25
An Act making and concerning appropriations for the fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, June 30, 2027, and June 30, 2028, for state agencies; authorizing certain transfers, capital improvement projects and fees, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements, procedures and acts incidental to the foregoing; amending K.S.A. 2022 Supp. 75-2263, as amended by section 178 of 2023 House Bill No. 2184, and 75-6707, as amended by section 179 of 2023 House Bill No. 2184, and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) For the fiscal years ending June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, June 30, 2027, and June 30, 2028, appropriations are hereby made, restrictions and limitations are hereby imposed, and transfers, capital improvement projects, fees, receipts, disbursements, procedures and acts incidental to the foregoing are hereby directed or authorized as provided in this act.
(b) The agencies named in this act are hereby authorized to initiate and complete the capital improvement projects specified and authorized by this act or for which appropriations are made by this act, subject to the restrictions and limitations imposed by this act.
(c) This act shall be known and may be cited as the omnibus appropriation act of 2023 and shall constitute the omnibus reconciliation spending limit bill for the 2023 regular session of the legislature for purposes of K.S.A. 75-6702(a), and amendments thereto.
(d) The appropriations made by this act shall not be subject to the provisions of K.S.A. 46-155, and amendments thereto.
Sec. 2.
STATE BANK COMMISSIONER
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year or years specified all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
$12,809,736 |
Provided, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2024, for official hospitality for the division of consumer and mortgage lending shall not exceed $1,000: Provided further, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2024, for official hospitality for the division of banking shall not exceed $1,000.
|
$12,720,158 |
Provided, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2025, for official hospitality for the division of consumer and mortgage lending shall not exceed $1,000: Provided further, That expenditures from the bank commissioner fee fund for the fiscal year ending June 30, 2025, for official hospitality for the division of banking shall not exceed $1,000.
|
No limit |
|
No limit |
|
No limit |
Provided, That expenditures may be made from the consumer education settlement fund for the fiscal year ending June 30, 2024, for consumer education purposes, which may be in accordance with contracts for such activities, which are hereby authorized to be entered into by the state bank commissioner or the deputy commissioner of the consumer and mortgage lending division, as the case may require, and the entities conducting such activities.
|
No limit |
Provided, That expenditures may be made from the consumer education settlement fund for the fiscal year ending June 30, 2025, for consumer education purposes, which may be in accordance with contracts for such activities, which are hereby authorized to be entered into by the state bank commissioner or the deputy commissioner of the consumer and mortgage lending division, as the case may require, and the entities conducting such activities.
|
No limit |
Provided, That the above agency is authorized to make expenditures from the litigation expense fund for the fiscal year ending June 30, 2024, for costs, fees and expenses associated with administrative or judicial proceedings regarding the enforcement of laws administered by the consumer and mortgage lending division and the enforcement and collection of assessed fines, fees and consumer refunds: Provided further, That, during the fiscal year ending June 30, 2024, a portion of the moneys collected as a result of fines and investigative fees collected by the consumer and mortgage lending division, as determined by the deputy of the consumer and mortgage lending division, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and credited to the litigation expense fund.
|
No limit |
Provided, That the above agency is authorized to make expenditures from the litigation expense fund for the fiscal year ending June 30, 2025, for costs, fees and expenses associated with administrative or judicial proceedings regarding the enforcement of laws administered by the consumer and mortgage lending division and the enforcement and collection of assessed fines, fees and consumer refunds: Provided further, That, during the fiscal year ending June 30, 2025, a portion of the moneys collected as a result of fines and investigative fees collected by the consumer and mortgage lending division, as determined by the deputy of the consumer and mortgage lending division, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and credited to the litigation expense fund.
(b) On July 1, 2023, the provisions of section 12(a) of 2023 House Bill No. 2184 are hereby declared to be null and void and shall have no force and effect.
Sec. 3.
BEHAVIORAL SCIENCES REGULATORY BOARD
(a) On July 1, 2023, if Substitute for Senate Bill No. 131 has been passed by the legislature during the 2023 regular session and enacted into law, then the expenditure limitation established for the fiscal year ending June 30, 2024, by section 15(a) of 2023 House Bill No. 2184 on the behavioral sciences regulatory board fee fund (102-00-2730-0100) of the behavioral sciences regulatory board is hereby increased from $1,050,908 to $1,147,260.
(b) On July 1, 2023, if Substitute for Senate Bill No. 131 has been passed by the legislature during the 2023 regular session and enacted into law, then the expenditure limitation established for the fiscal year ending June 30, 2025, by section 15(a) of 2023 House Bill No. 2184 on the behavioral sciences regulatory board fee fund (102-00-2730-0100) of the behavioral sciences regulatory board is hereby increased from $1,073,817 to $1,170,169.
Sec. 4.
KANSAS BOARD OF EXAMINERS IN FITTING AND DISPENSING OF HEARING INSTRUMENTS
(a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2023, by section 14(b) of chapter 81 of the 2022 Session Laws of Kansas on the hearing instrument board fee fund (266-00-2712-9900) of the Kansas board of examiners in fitting and dispensing of hearing instruments is hereby increased from $34,010 to $36,510.
(b) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 21(a) of 2023 House Bill No. 2184 on the hearing instrument board fee fund (266-00-2712-9900) of the Kansas board of examiners in fitting and dispensing of hearing instruments is hereby increased from $37,695 to $42,695.
(c) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2025, by section 21(a) of 2023 House Bill No. 2184 on the hearing instrument board fee fund (266-00-2712-9900) of the Kansas board of examiners in fitting and dispensing of hearing instruments is hereby increased from $37,695 to $42,695.
Sec. 5.
STATE BOARD OF PHARMACY
(a) During the fiscal year ending June 30, 2023, notwithstanding the provisions of K.S.A. 2022 Supp. 65-16,130, and amendments thereto, or any other statute to the contrary, no expenditures shall be made by the above agency from moneys appropriated from any special revenue fund or funds for fiscal year 2023 as authorized by section 18 of chapter 116 or section 21 of chapter 98 of the 2021 Session Laws of Kansas, section 17 of chapter 81 of the 2022 Session Laws of Kansas, this or any other appropriation act of the 2023 regular session of the legislature to prohibit or enforce a prohibition against an arrangement between payors and selected pharmacies to ship a patient’s pharmaceutical medication directly to a site of care or directly to the patient for administration at the site of care: Provided, however, That the above agency may implement or enforce such prohibition if such agency requires that an alternative pharmaceutical medication provided by the site of care not exceed the cost to the patient or payor of the pharmaceutical medication if such pharmaceutical medication were provided by the payor and a selected pharmacy shipping such pharmaceutical medication directly to the patient at the patient’s home or the site of care.
Sec. 6.
STATE BOARD OF PHARMACY
(a) During the fiscal years ending June 30, 2024, and June 30, 2025, notwithstanding the provisions of K.S.A. 2022 Supp. 65-16,130, and amendments thereto, or any other statute to the contrary, no expenditures shall be made by the above agency from moneys appropriated from any special revenue fund or funds for fiscal year 2024 or 2025 as authorized by section 26 of 2023 House Bill No. 2184, this or any other appropriation act of the 2024 or 2025 regular session of the legislature to prohibit or enforce a prohibition against an arrangement between payors and selected pharmacies to ship a patient’s pharmaceutical medication directly to a site of care or directly to the patient for administration at the site of care: Provided, however, That the above agency may implement or enforce such prohibition if such agency requires that an alternative pharmaceutical medication provided by the site of care not exceed the cost to the patient or payor of the pharmaceutical medication if such pharmaceutical medication were provided by the payor and a selected pharmacy shipping such pharmaceutical medication directly to the patient at the patient’s home or the site of care.
Sec. 7.
GOVERNMENTAL ETHICS COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal year or years specified, the following:
|
$13,000 |
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$13,000 |
Sec. 8.
GOVERNOR’S DEPARTMENT
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$4,550,000 |
|
$450,000 |
(b) During the fiscal years ending June 30, 2024, and June 30, 2025, in addition to the other purposes for which expenditures may be made by the above agency, expenditures shall be made by the above agency from moneys appropriated for fiscal year 2024 and fiscal year 2025 by section 38 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 or 2024 regular session of the legislature to post on a searchable website accessible to the public, pursuant to the Kansas taxpayer transparency act, K.S.A. 74-72,123, and amendments thereto, and as allowable by federal regulations, any grant applied for or awarded by any agency related to the American Rescue Plan Act – state fiscal recovery fund related to the four programmatic areas of connectivity, efficiency and modernization, health and education, and economic revitalization, as well as awards applied for and made through the building a stronger economy grants program and building a stronger economy 2.0 grants programs: Provided, That the list of all such awards shall include: (1) Such organization name; (2) the county where the grant project is located; (3) a brief description of the grant project; (4) the dollar amount awarded; and (5) the date that the above agency awarded the grant: Provided further, That information required to be included on the website pursuant to this paragraph shall be posted within 30 business days after the date of awarding the grant.
(c) On July 1, 2023, section 143 of 2023 House Bill No. 2184 is hereby declared null and void and shall have no force and effect.
Sec. 9.
ATTORNEY GENERAL
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$1,741,564 |
Provided, That if 2023 Senate Bill No. 174, or other legislation that authorizes the attorney general to prosecute any crime that is part of an alleged course of criminal conduct that occurred in two or more counties, is not passed by the legislature during the 2023 regular session and enacted into law, then on July 1, 2023, of the $1,741,564 appropriated for the above agency for the fiscal year ending June 30, 2024, by this section from the state general fund in the operating expenditures account, the sum of $252,825 is hereby lapsed.
Sec. 10.
SECRETARY OF STATE
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$4,700,000 |
Sec. 11.
STATE TREASURER
(a) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund in the water supply storage debt payment for Milford and Perry reservoirs account (039-00-1000-0610) of the above agency for fiscal years 2023, 2024, 2025, 2026, 2027 and 2028 as authorized by sections 41 through 46 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023, 2024, 2025, 2026 or 2027 regular session of the legislature, expenditures may be made by the above agency from such moneys appropriated in fiscal years 2023, 2024, 2025, 2026, 2027 and 2028 to direct, in the state treasurer’s discretion, the pooled money investment board to invest all moneys in the water supply storage debt payment for Milford and Perry reservoirs account in United States treasury bills that may be purchased by the state treasurer pursuant to section 41 of 2023 House Bill No. 2184.
(b) On the effective date of this act, the provisions of the proviso on section 1(a) and the provisions of section 2 of 2023 Senate Substitute for House Bill No. 2302 are hereby declared to be null and void and shall have no force and effect.
(c) On the effective date of this act, the $52,000,000 appropriated for the above agency for the fiscal year ending June 30, 2023, by section 1(a) of 2023 Senate Substitute for House Bill No. 2302 from the state general fund in the water supply storage debt payment for Milford and Perry reservoirs account (039-00-1000-0610) is hereby lapsed.
(d) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
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No limit |
Provided, That during the fiscal year ending June 30, 2024, no expenditures shall be made from or obligation incurred against the build Kansas matching grant fund without the requesting state agency advising and consulting with the build Kansas advisory committee, subject to the provisions of these provisos: Provided further, That the build Kansas advisory committee shall be composed of nine members of the legislature appointed as follows: (1) One member appointed by the governor; (2) three members appointed by the speaker of the house of representatives; (3) three members appointed by the president of the senate; (4) one member appointed by the minority leader of the house of representatives; and (5) one member appointed by the minority leader of the senate: And provided further, That the chairperson of such committee shall be a senate member appointed by the president of the senate, and the vice chairperson shall be a representative member appointed by the speaker of the house of representatives: And provided further, That any state agency named in 2023 House Bill No. 2184 that is knowledgeable concerning potential infrastructure projects that may be funded by the infrastructure investment and jobs act, public law 117-58, shall inform and educate local communities of the funding opportunities available in such act: And provided further, That such state agencies shall provide assistance as necessary to interested local communities: And provided further, That such state agencies shall form a steering committee to meet regularly in order to coordinate efforts and develop a process to ensure that local communities are informed and connected with the coordinating state agency: And provided further, That the steering committee, after advising and consulting with the build Kansas advisory committee, shall establish a means test to determine whether the local community is an eligible entity pursuant to the infrastructure investment and jobs act and has demonstrated a need for such grant: And provided further, That a grant funding application requesting matching funds for the purposes of the infrastructure investment and jobs act shall be approved by the coordinating state agency, in consultation with the steering committee, prior to submission to the build Kansas advisory committee: And provided further, That the grant funding application requested by eligible entities from the build Kansas matching grant fund and approved by the coordinating state agency shall be submitted to the build Kansas advisory committee: And provided further, That as soon as practicable, the build Kansas advisory committee shall meet and review each request and report such committee’s advice to the state treasurer, the eligible entity submitting the grant application and the coordinating state agency that is providing assistance to the eligible entity in the local community: Provided however, That other than operating expenditures, no expenditures shall be made from the build Kansas matching grant fund without written documentation to the state treasurer that such grant funding application has been approved by the federal government pursuant to the infrastructure investment and jobs act: And provided further, That, after the requesting state agency advises and consults with the build Kansas advisory committee and receives notification of federal approval, the above agency shall expend matching grant funds to the eligible entity that has been awarded such grant subject to the provisions of the grant: And provided further, That such matching grant funds shall be used by eligible entities to support projects funded by the infrastructure investment and jobs act: And provided further, That such projects shall include, but not be limited to, water, transportation, energy, cyber security and broadband infrastructure: And provided further, That no expenditures from the build Kansas matching grant fund for the fiscal year ending June 30, 2024, shall be made for salaries and wages and other operating expenditures, including, but not limited to, hiring grant writers and consultants to provide technical assistance and educational opportunities: And provided however, That if during fiscal year 2024, the build Kansas advisory committee determines that the unencumbered balance in the build Kansas matching grant fund is insufficient to pay an amount that is necessary to finance grant applications approved by such committee pursuant to this proviso, such committee may request approval from the state finance council to transfer an amount equal to the insufficient amount from the state general fund to the build Kansas matching grant fund: And provided however, That no such transfer shall be made from the state general fund to the build Kansas matching grant fund without approval from the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given while the legislature is in session: And provided further, That the state finance council is hereby authorized to approve such transfers: And provided further, That, if approved, the director of accounts and reports shall make such transfer: And provided however, That the total of all amounts transferred from the state general fund to the build Kansas matching grant fund pursuant to this proviso shall not exceed $215,000,000: And provided further, That approved grant applications shall be distributed geographically based on the department of commerce’s Kansas economic development districts and, for the purposes of this proviso, the Mo-Kan district shall be combined with those counties that are not associated with any Kansas economic development district: And provided further, That the build Kansas advisory committee may meet to advise and consult on any such request while the legislature is in session and in person or through the use of telephone or any other medium for interactive communication.
(e) On July 1, 2023, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $50,000,000 from the state general fund to the build Kansas matching grant fund.
Sec. 12.
STATE TREASURER
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2025, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
|
No limit |
Provided, That during the fiscal year ending June 30, 2025, no expenditures shall be made from or obligation incurred against the build Kansas matching grant fund without the requesting state agency advising and consulting with the build Kansas advisory committee, as established in section 11, subject to the provisions of these provisos: Provided, however, That during the fiscal year ending June 30, 2025, the chairperson of such committee shall be a representative member appointed by the speaker of the house of representatives and the vice chairperson shall be a senate member appointed by the president of the senate: And provided further, That any state agency named in 2023 House Bill No. 2184 that is knowledgeable concerning potential infrastructure projects that may be funded by the infrastructure investment and jobs act, public law 117-58, shall inform and educate local communities of the funding opportunities available in such act: And provided further, That such state agencies shall provide assistance as necessary to interested local communities: And provided further, That such state agencies shall form a steering committee to meet regularly in order to coordinate efforts and develop a process to ensure that local communities are informed and connected with the coordinating state agency: And provided further, That the steering committee, after advising and consulting with the build Kansas advisory committee, shall establish a means test to determine whether the local community is an eligible entity pursuant to the infrastructure investment and jobs act and has demonstrated a need for such grant: And provided further, That a grant funding application, requesting matching funds for the purposes of the infrastructure investment and jobs act, shall be approved by the coordinating state agency, in consultation with the steering committee, prior to submission to the build Kansas advisory committee: And provided further, That the grant funding application requested by eligible entities from the build Kansas matching grant fund and approved by the coordinating state agency shall be submitted to the build Kansas advisory committee: And provided further, That as soon as practicable, the build Kansas advisory committee shall meet and review each request and shall report such committee’s advice to the state treasurer, the eligible entity submitting the grant application and the coordinating state agency that is providing assistance to the eligible entity in the local community: Provided however, That other than operating expenditures, no expenditures shall be made from the build Kansas matching grant fund without written documentation to the state treasurer that such grant funding application has been approved by the federal government pursuant to the infrastructure investment and jobs act: And provided further, That, after the requesting state agency advises and consults with the build Kansas advisory committee and receives notification of federal approval, the above agency shall expend matching grant funds to the eligible entity that has been awarded such grant subject to the provisions of the grant: And provided further, That such matching grant funds shall be used by eligible entities to support projects funded by the infrastructure investment and jobs act: And provided further, That such projects shall include, but not be limited to, water, transportation, energy, cyber security and broadband infrastructure: And provided further, That expenditures from the build Kansas matching grant fund for the fiscal year ending June 30, 2025, for salaries and wages and other operating expenditures, including, but not limited to, hiring grant writers and consultants to provide technical assistance and educational opportunities, shall not exceed $5,000,000 and are subject to advice and consultation with the build Kansas advisory committee: And provided however, That if during fiscal year 2025, the build Kansas advisory committee determines that the unencumbered balance in the build Kansas matching grant fund is insufficient to pay an amount that is necessary to finance grant applications approved by such committee pursuant to this proviso, such committee may request approval from the state finance council to transfer an amount equal to the insufficient amount from the state general fund to the build Kansas matching grant fund: And provided however, That no such transfer shall be made from the state general fund to the build Kansas matching grant fund without approval from the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given while the legislature is in session: And provided further, That the state finance council is hereby authorized to approve such transfers: And provided further, That if approved, the director of accounts and reports shall make such transfer: And provided however, That the total of all amounts transferred from the state general fund to the build Kansas matching grant fund pursuant to this proviso and the provisions of section 11 shall not exceed $215,000,000: And provided further, That approved grant applications shall be distributed geographically based on the department of commerce’s Kansas economic development districts and, for the purposes of this proviso, the Mo-Kan district shall be combined with those counties that are not associated with any Kansas economic development district: And provided further, That the build Kansas advisory committee may meet to advise and consult on any such request while the legislature is in session and in person or through the use of telephone or any other medium for interactive communication: And provided further, That on or before the first day of the 2025 regular session of the legislature, any coordinating state agency providing assistance to local communities shall submit a report on all expenditures, grant applications and approved grant applications from the build Kansas matching grant fund for the preceding fiscal year to the house of representatives committee on appropriations and the senate committee on ways and means.
(b) On July 1, 2024, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $55,000,000 from the state general fund to the build Kansas matching grant fund: Provided, however, That if in the aggregate, the amount transferred from the state general fund to the build Kansas matching grant fund pursuant to any previous state finance council action is equal to $215,000,000, then the provisions of this subsection are null and void.
Sec. 13.
STATE TREASURER
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2026, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
|
No limit |
Provided, That during the fiscal year ending June 30, 2026, no expenditures shall be made from or obligation incurred against the build Kansas matching grant fund without the requesting state agency advising and consulting with the build Kansas advisory committee, as established in section 11, subject to the provisions of these provisos: Provided, however, That during the fiscal year ending June 30, 2026, the chairperson of such committee shall be a senate member appointed by the president of the senate, and the vice chairperson shall be a representative member appointed by the speaker of the house of representatives: And provided further, That any state agency named in 2023 House Bill No. 2184 that is knowledgeable concerning potential infrastructure projects that may be funded by the infrastructure investment and jobs act, public law 117-58, shall inform and educate local communities of the funding opportunities available in such act: And provided further, That such state agencies shall provide assistance as necessary to interested local communities: And provided further, That such state agencies shall form a steering committee to meet regularly in order to coordinate efforts and develop a process to ensure that local communities are informed and connected with the coordinating state agency: And provided further, That the steering committee, after advising and consulting with the build Kansas advisory committee, shall establish a means test to determine whether the local community is an eligible entity pursuant to the infrastructure investment and jobs act and has demonstrated a need for such grant: And provided further, That a grant funding application, requesting matching funds for the purposes of the infrastructure investment and jobs act, shall be approved by the coordinating state agency, in consultation with the steering committee, prior to submission to the build Kansas advisory committee: And provided further, That the grant funding application requested by eligible entities from the build Kansas matching grant fund and approved by the coordinating state agency shall be submitted to the build Kansas advisory committee: And provided further, That as soon as practicable, the build Kansas advisory committee shall meet and review each request and shall report such committee’s advice to the state treasurer, the eligible entity submitting the grant application and the coordinating state agency that is providing assistance to the eligible entity in the local community: Provided however, That other than operating expenditures, no expenditures shall be made from the build Kansas matching grant fund without written documentation to the state treasurer that such grant funding application has been approved by the federal government pursuant to the infrastructure investment and jobs act: And provided further, That, after the requesting state agency advises and consults with the build Kansas advisory committee and receives notification of federal approval, the above agency shall expend matching grant funds to the eligible entity that has been awarded such grant subject to the provisions of the grant: And provided further, That such matching grant funds shall be used by eligible entities to support projects funded by the infrastructure investment and jobs act: And provided further, That such projects shall include, but not be limited to, water, transportation, energy, cyber security and broadband infrastructure: And provided further, That expenditures from the build Kansas matching grant fund for the fiscal year ending June 30, 2026, for salaries and wages and other operating expenditures, including, but not limited to, hiring grant writers and consultants to provide technical assistance and educational opportunities, shall not exceed $5,000,000 and are subject to advice and consultation with the build Kansas advisory committee: And provided however, That if during fiscal year 2026, the build Kansas advisory committee determines that the unencumbered balance in the build Kansas matching grant fund is insufficient to pay an amount that is necessary to finance grant applications approved by such committee pursuant to this proviso, such committee may request approval from the state finance council to transfer an amount equal to the insufficient amount from the state general fund to the build Kansas matching grant fund: And provided however, That no such transfer shall be made from the state general fund to the build Kansas matching grant fund without approval from the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given while the legislature is in session: And provided further, That the state finance council is hereby authorized to approve such transfers: And provided further, That if approved, the director of accounts and reports shall make such transfer: And provided however, That the total of all amounts transferred from the state general fund to the build Kansas matching grant fund pursuant to this proviso and the provisions of sections 11 and 12 shall not exceed $215,000,000: And provided further, That approved grant applications shall be distributed geographically based on the department of commerce’s Kansas economic development districts, and for the purposes of this proviso, the Mo-Kan district shall be combined with those counties that are not associated with any Kansas economic development district: And provided further, That expenditures shall be made by the above agency from such fund during fiscal year 2026 to review the location of all grants awarded in each Kansas economic development district including the combined counties Mo-Kan district: And provided further, That during fiscal year 2026, the above agency shall collaborate with the coordinating state agencies to ensure that each Kansas economic development district and the combined counties Mo-Kan district does not have less than $10,000,000 allocated to grant projects in such district from the build Kansas matching grant fund: And provided further, That the build Kansas advisory committee may meet to advise and consult on any such request while the legislature is in session and in person or through the use of telephone or any other medium for interactive communication: And provided further, That on or before the first day of the 2026 regular session of the legislature, any coordinating state agency providing assistance to local communities shall submit a report on all expenditures, grant applications and approved grant applications from the build Kansas matching grant fund for the preceding fiscal year to the house of representatives committee on appropriations and the senate committee on ways and means.
(b) On July 1, 2025, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $55,000,000 from the state general fund to the build Kansas matching grant fund: Provided, however, That if in the aggregate, the amount transferred from the state general fund to the build Kansas matching grant fund pursuant to any previous state finance council action is equal to $215,000,000, then the provisions of this subsection are null and void.
Sec. 14.
STATE TREASURER
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2027, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
|
No limit |
Provided, That during the fiscal year ending June 30, 2027, no expenditures shall be made from or obligation incurred against the build Kansas matching grant fund without the requesting state agency advising and consulting with the build Kansas advisory committee, as established in section 11, subject to the provisions of these provisos: Provided, however, That during the fiscal year ending June 30, 2027, the chairperson of such committee shall be a representative member appointed by the speaker of the house of representatives, and the vice chairperson shall be a senate member appointed by the president of the senate: And provided further, That any state agency named in 2023 House Bill No. 2184 that is knowledgeable concerning potential infrastructure projects that may be funded by the infrastructure investment and jobs act, public law 117-58, shall inform and educate local communities of the funding opportunities available in such act: And provided further, That such state agencies shall provide assistance as necessary to interested local communities: And provided further, That such state agencies shall form a steering committee to meet regularly in order to coordinate efforts and develop a process to ensure that local communities are informed and connected with the coordinating state agency: And provided further, That the steering committee, after advising and consulting with the build Kansas advisory committee, shall establish a means test to determine whether the local community is an eligible entity pursuant to the infrastructure investment and jobs act and has demonstrated a need for such grant: And provided further, That a grant funding application requesting matching funds for the purposes of the infrastructure investment and jobs act, shall be approved by the coordinating state agency, in consultation with the steering committee, prior to submission to the build Kansas advisory committee: And provided further That the grant funding application requested by eligible entities from the build Kansas matching grant fund and approved by the coordinating state agency shall be submitted to the build Kansas advisory committee: And provided further, That as soon as practicable, the build Kansas advisory committee shall meet and review each request and shall report such committee’s advice to the state treasurer, the eligible entity submitting the grant application and the coordinating state agency that is providing assistance to the eligible entity in the local community: Provided however, That other than operating expenditures, no expenditures shall be made from the build Kansas matching grant fund without written documentation to the state treasurer that such grant funding application has been approved by the federal government pursuant to the infrastructure investment and jobs act: And provided further, That, after the requesting state agency advises and consults with the build Kansas advisory committee and receives notification of federal approval, the above agency shall expend matching grant funds to the eligible entity that has been awarded such grant subject to the provisions of the grant: And provided further, That such matching grant funds shall be used by eligible entities to support projects funded by the infrastructure investment and jobs act: And provided further, That such projects shall include, but not be limited to, water, transportation, energy, cyber security and broadband infrastructure: And provided further, That expenditures from the build Kansas matching grant fund for the fiscal year ending June 30, 2027, for salaries and wages and other operating expenditures, including, but not limited to, hiring grant writers and consultants to provide technical assistance and educational opportunities, shall not exceed $5,000,000 and are subject to advice and consultation with the build Kansas advisory committee: And provided however, That if during fiscal year 2027, the build Kansas advisory committee determines that the unencumbered balance in the build Kansas matching grant fund is insufficient to pay an amount that is necessary to finance grant applications approved by such committee pursuant to this proviso, such committee may request approval from the state finance council to transfer an amount equal to the insufficient amount from the state general fund to the build Kansas matching grant fund: And provided however, That no such transfer shall be made from the state general fund to the build Kansas matching grant fund without approval from the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given while the legislature is in session: And provided further, That the state finance council is hereby authorized to approve such transfers: And provided further, That if approved, the director of accounts and reports shall make such transfer: And provided however, That the total of all amounts transferred from the state general fund to the build Kansas matching grant fund pursuant to this proviso and the provisions of sections 11, 12 and 13 shall not exceed $215,000,000: And provided further, That approved grant applications shall be distributed geographically based on the department of commerce’s Kansas economic development districts, and for the purposes of this proviso, the Mo-Kan district shall be combined with those counties that are not associated with any Kansas economic development district: And provided further, That expenditures shall be made by the above agency from such fund during fiscal year 2027 to review the location of all grants awarded in each Kansas economic development district including the combined counties Mo-Kan district: And provided further, That during fiscal year 2027, the above agency shall collaborate with the coordinating state agencies to ensure that each Kansas economic development district and the combined counties Mo-Kan district does not have less than $10,000,000 allocated to grant projects in such district from the build Kansas matching grant fund: And provided further, That the build Kansas advisory committee may meet to advise and consult on any such request while the legislature is in session and in person or through the use of telephone or any other medium for interactive communication: And provided further, That on or before the first day of the 2027 regular session of the legislature, any coordinating state agency providing assistance to local communities shall submit a report on all expenditures, grant applications and approved grant applications from the build Kansas matching grant fund for the preceding fiscal year to the house of representatives committee on appropriations and the senate committee on ways and means.
(b) On July 1, 2026, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $55,000,000 from the state general fund to the build Kansas matching grant fund: Provided, however, That if in the aggregate, the amount transferred from the state general fund to the build Kansas matching grant fund pursuant to any previous state finance council action is equal to $215,000,000, then the provisions of this subsection are null and void.
Sec. 15.
STATE TREASURER
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2028, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
|
No limit |
Provided, That during the fiscal year ending June 30, 2028, no expenditures shall be made from or obligation requested to be incurred against the build Kansas matching grant fund without advising and consulting with build Kansas advisory committee, as established in section 11, subject to the provisions of section 14(a): Provided, however, That during the fiscal year ending June 30, 2028, the chairperson of such committee shall be a senate member appointed by the president of the senate, and the vice chairperson shall be a representative member appointed by the speaker of the house of representatives: And provided further, That on or before September 30, 2027, any coordinating state agency providing assistance to local communities shall submit a report on all expenditures, grant applications and approved grant applications from the build Kansas matching grant fund for the preceding fiscal year to the house of representatives committee on appropriations and the senate committee on ways and means.
(b) On September 30, 2027, the director of accounts and reports shall transfer all moneys in the build Kansas matching grant fund to the state general fund. On September 30, 2027, all liabilities of the build Kansas matching grant fund are hereby transferred to and imposed on the state general fund and the build Kansas matching grant fund is hereby abolished.
Sec. 16.
INSURANCE DEPARTMENT
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
(b) During the fiscal years ending June 30, 2023, and June 30, 2024, notwithstanding the provisions of K.S.A. 40-103, and amendments thereto, or any other statute to the contrary, no expenditures shall be made by the above agency from moneys appropriated from any special revenue fund or funds for the above agency for fiscal year 2023 or 2024 as authorized by chapter 81 of the 2022 Session Laws of Kansas, section 47 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature to enhance, support, plan, implement or impose federal market reforms, changes or additions to essential health benefits under part A of title XXVII of the federal public health service act, including, but not limited to, the imposition of new health insurance mandates or consumer benefits on a health plan of any individual, group, governmental agency or entity, whether such health plan is insured or self-insured unless the legislature expressly consents to and approves of such action or actions by an act of the legislature.
(c) On the effective date of this act, the provisions of section 47(c) of 2023 House Bill No. 2184 are hereby declared to be null and void and shall have no force and effect.
Sec. 17.
HEALTH CARE STABILIZATION FUND BOARD OF GOVERNORS
(a) Notwithstanding the provisions of K.S.A. 40-3401, and amendments thereto, or any other statute, during the fiscal year ending June 30, 2024, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from any special revenue fund or funds of the above agency for fiscal year 2024 as authorized by section 48 of 2023 House Bill No. 2184, this or other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from such moneys for fiscal year 2024 to deem a maternity center as a “healthcare provider” for the purposes of the healthcare provider insurance availability act, K.S.A. 40-3401 et seq., and amendments thereto, if such maternity center: (1) Has been granted accreditation by the commission for accreditation of birth centers; and (2) is a maternity center as defined in K.S.A. 65-503, and amendments thereto.
Sec. 18.
JUDICIAL COUNCIL
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$696,664 |
Sec. 19.
STATE BOARD OF INDIGENTS’ DEFENSE SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$1,781,626 |
Sec. 20.
KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM
(a) Expenditures may be made from the expense reserve of the Kansas public employees retirement fund (365-00-7002-7000) for the fiscal year ending June 30, 2024, for the following specified purposes:
|
$166,421 |
(b) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the investment-related expenses account (365-00-7002-8000) of the Kansas public employees retirement fund (365-00-7002-7000) for fiscal year 2024 as authorized by section 56(b) of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made from such account for fiscal year 2024, in an amount not to exceed $450,000, for a contract for proxy voting services: Provided, That such contract shall be executed on or before October 1, 2023.
Sec. 21.
DEPARTMENT OF ADMINISTRATION
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$84,000 |
(b) On July 1, 2023, the expenditure limitation for official hospitality established for the fiscal year ending June 30, 2024, by section 63(a) of 2023 House Bill No. 2184 on the budget analysis account (173-00-1000-0520) of the state general fund of the department of administration is hereby decreased from $2,000 to $1,000.
(c) On July 1, 2023, of the $1,997,630 appropriated for the above agency for the fiscal year ending June 30, 2024, by section 63(a) of 2023 House Bill No. 2184 from the state general fund in the budget analysis account (173-00-1000-0520), the sum of $40,670 is hereby lapsed.
(d) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
|
No limit |
(e) During the fiscal year ending June 30, 2024, notwithstanding the provisions of K.S.A. 2022 Supp. 48-3406, as amended by section 2 of 2023 Senate Bill No. 66, or any other statute, no expenditures shall be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2024 as authorized by section 63 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature to require the board of accountancy, board of barbering, board of examiners in optometry, state board of veterinary examiners, governmental ethics commission, Kansas dental board or the state board of mortuary arts to comply with a central electronic record system developed and implemented by the secretary of administration.
Sec. 22.
OFFICE OF INFORMATION TECHNOLOGY SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$2,500,000 |
Sec. 23.
DEPARTMENT OF REVENUE
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, the following:
|
$2,000,000 |
(b) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal year 2024 as authorized by section 73 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from such moneys to modernize driver’s licenses to allow electronic use as a digital driver’s license that can be stored on mobile device applications: Provided, That such digital driver’s license shall be compatible with federal transportation security administration checkpoints.
Sec. 24.
KANSAS LOTTERY
(a) On the effective date of this act, the aggregate of the amounts authorized by section 74(a) of 2023 House Bill No. 2184 to be transferred from the lottery operating fund (450-00-5123-5100) to the state gaming revenues fund (173-00-9011-9100) during the fiscal year ending June 30, 2023, is hereby increased from $69,490,000 to $73,740,000.
Sec. 25.
DEPARTMENT OF COMMERCE
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, the following:
|
$10,000,000 |
Sec. 26.
DEPARTMENT OF COMMERCE
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$2,500,000 |
Provided, That expenditures shall be made by the above agency from statewide marketing campaign for high demand and high wage career fields account for a contract with Level Up Kansas, a Kansas nonprofit, for the purpose of providing a statewide marketing campaign to underskilled adult learners about training opportunities available at Kansas postsecondary educational institutions in high demand and high wage career fields.
Any unencumbered balance in the world cup planning and area improvements account in excess of $100 as of June 30, 2023, is hereby reappropriated for fiscal year 2024.
(b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
|
No limit |
|
No limit |
|
No limit |
|
No limit |
(c) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal year 2024 as authorized by section 77 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made from such moneys to define, for the purposes of section 77(j)(1) of 2023 House Bill No. 2184, “amusement rides” to mean the same as defined in K.S.A. 44-1601, and amendments thereto, and includes such amusement rides and further includes buildings necessary to house and operate such amusement park ride, buildings immediately adjacent and attached to such amusement park ride and a building necessary to house a conference center within the major amusement park area.
(d) On the effective date of this act, the provisions of section 77(j)(2)(A) of 2023 House Bill No. 2184 are hereby declared to be null and void and shall have no force and effect.
Sec. 27.
DEPARTMENT OF COMMERCE
(a) Any unencumbered balance in statewide marketing campaign for high demand and high wage career fields account in excess of $100 as of June 30, 2024, is hereby reappropriated for fiscal year 2025: Provided, That the above agency shall submit a report on the campaign to the house of representatives committee on commerce, labor and economic development and the senate committee on commerce on or before February 1, 2025.
Sec. 28.
DEPARTMENT OF LABOR
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, the following:
|
$23,000 |
(b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2023, by section 64(b) of chapter 81 of the 2022 Session Laws of Kansas on the workmen’s compensation fee fund (296-00-2124-2220) of the department of labor is hereby decreased from $13,263,070 to $12,067,209.
(c) On the effective date of this act, the provisions of section 80(c) of 2023 House Bill No. 2184 are hereby declared to be null and void and shall have no force and effect.
Sec. 29.
DEPARTMENT OF LABOR
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$890,000 |
(b) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 81(b) of 2023 House Bill No. 2184 on the workmen’s compensation fee fund (296-00-2124-2220) of the department of labor is hereby increased from $12,321,935 to $12,375,379.
(c) During the fiscal year ending June 30, 2024, notwithstanding the provisions of K.S.A. 44-710a, and amendments thereto, or any other statute to the contrary, in addition to the other purposes for which expenditures may be made by the above agency from the state general fund or from any special revenue fund or funds as authorized by section 81 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from such moneys to recalculate the rate of both employers in a full or partial successorship pursuant to K.S.A. 44-710a(b)(4)(A), and amendments thereto, on the first day of the next calendar year following the date of transfer of trade or business.
(d) During the fiscal year ending June 30, 2024, notwithstanding the provisions of K.S.A. 44-703, and amendments thereto, or any other statute to the contrary, in addition to the other purposes for which expenditures may be made by the above agency from the state general fund or from any special revenue fund or funds as authorized by section 81 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from such moneys to determine the benefit year, including any subsequent benefit year, under K.S.A. 44-703(d), and amendments thereto, with respect to an individual as beginning with the Sunday of the first week for which such individual files a valid claim for benefits.
Sec. 30.
DEPARTMENT OF HEALTH AND ENVIRONMENT –
DIVISION OF PUBLIC HEALTH
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$117,653 |
|
$21,250 |
Sec. 31.
DEPARTMENT OF HEALTH AND ENVIRONMENT –
DIVISION OF HEALTH CARE FINANCE
(a) On the effective date of this act, of the $692,680,872 appropriated for the above agency for the fiscal year ending June 30, 2023, by section 70(a) of chapter 81 of the 2022 Session Laws of Kansas from the state general fund in the other medical assistance account (264-00-1000-3026), the sum of $28,000,000 is hereby lapsed.
Sec. 32.
DEPARTMENT OF HEALTH AND ENVIRONMENT –
DIVISION OF HEALTH CARE FINANCE
(a) On July 1, 2023, of the $700,032,680 appropriated for the above agency for the fiscal year ending June 30, 2024, by section 86(a) of 2023 House Bill No. 2184 from the state general fund in the other medical assistance account (264-00-1000-3026), the sum of $18,282,680 is hereby lapsed.
Sec. 33.
KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, the following:
|
$540,000 |
|
$10,360,000 |
(b) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2023, by section 74(b) of chapter 81 of the 2022 Session Laws of Kansas on the Kansas neurological institute fee fund (363-00-2059-2000) of the Kansas department for aging and disability services is hereby increased from $1,324,436 to $1,500,793.
(c) On the effective date of this act, of the $431,984,882 appropriated for the above agency for the fiscal year ending June 30, 2023, by section 74(a) of chapter 81 of the 2022 Session Laws of Kansas from the state general fund in the KanCare caseloads account (039-00-1000-0610), the sum of $32,000,000 is hereby lapsed.
(d) There is appropriated for the above agency from the state institutions building fund for the fiscal year ending June 30, 2023, for the capital improvement project or projects specified, the following:
|
$715,000 |
Sec. 34.
KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$200,000 |
|
$5,500,000 |
|
$2,500,000 |
Provided, That expenditures shall be made by the above agency from the program for all-inclusive care for the elderly account to expand the PACE program to additional Kansas counties.
|
$5,000,000 |
|
$1,500,000 |
(b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
(c) On July 1, 2023, of the $551,600,000 appropriated for the above agency for the fiscal year ending June 30, 2024, by section 89(a) of 2023 House Bill No. 2184 from the state general fund in the KanCare caseloads account (039-00-1000-0610), the sum of $18,600,000 is hereby lapsed.
Sec. 35.
KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, the following:
|
$5,640,000 |
Sec. 36.
KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$511,288 |
|
$867,444 |
(b) On July 1, 2023, of the $134,710,032 appropriated for the above agency for the fiscal year ending June 30, 2024, by section 91(a) of 2023 House Bill No. 2184 from the state general fund in the state operations (including official hospitality) account (629-00-1000-0013), the sum of $3,550,000 is hereby lapsed.
(c) On July 1, 2023, the provisions of section 91(g) of 2023 House Bill No. 2184 are hereby declared to be null and void and shall have no force and effect.
Sec. 37.
DEPARTMENT OF EDUCATION
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$13,534,722 |
Provided, That any unencumbered balance in the mental health intervention team pilot account in excess of $100 as of June 30, 2023, is hereby reappropriated for fiscal year 2024: Provided further, That expenditures shall be made from the mental health intervention team pilot to continue the mental health intervention team program: And provided further, That such program shall be a continuation of the mental health intervention team pilot program first established pursuant to section 1 of chapter 57 and section 3 of chapter 70 of the 2018 Session Laws of Kansas and continued and expanded through subsequent appropriation acts of the legislature: And provided further, That the purposes of the mental health intervention team program are to: Provide greater access to behavioral health services for students enrolled in kindergarten or any of the grades one through 12 and establish a coherent structure between school districts and community mental health centers to optimize scarce behavioral health resources and workforce; identify students, communicate with families and link students and their families to the statewide behavioral health systems and resources within the network of community mental health centers; alleviate the shortage of staff with specialized degrees or training such as school counselors, psychologists and social workers and reduce the competition for such staff between school districts and other private and governmental service providers to provide broader-based and collaborative services to students, especially in rural districts that do not have enough students to justify a full-time staff position; provide and coordinate mental health services to students throughout the calendar year, not only during school hours over nine months of the school year; and reduce barriers that families experience to access mental health services and maintain consistency for a child to attend recurring sessions and provide coordination between the child’s classroom schedule and the provision of such services: And provided further, That the program shall focus on the following students: Any student who has been adjudicated as a child in need of care and is in the custody of the secretary for children and families or has been referred for a families first program or family preservation program; and any other student who is in need of mental health support services: And provided further, That the state department of education shall oversee and implement the mental health intervention team program in accordance with the requirements of this subsection and the policies and procedures established by the department pursuant to such subsection: And provided further, That, in each school year, the board of education of a school district may apply to the department to establish or maintain a mental health intervention team program within such school district: And provided further, That the application shall be in such form and manner as the department requires and submitted at a time determined and specified by the department: And provided further, That each application submitted by a school district shall specify the community mental health center that the school intends to coordinate with to provide school-based services to students who need assistance during the applicable school year: And provided further, That, if a school district is approved to establish or maintain a mental health intervention team program, the school district shall enter into a memorandum of understanding with a partnering community mental health center: And provided further, That, if the school district chooses to partner with more than one community mental health center, the school district shall enter into a separate memorandum of understanding with each such community mental health center: And provided further, That the department may establish requirements for a memorandum of understanding, including contractual provisions that are required to be included in each memorandum of understanding and that are optional and subject to agreement between the school district and the community mental health center: And provided further, That each memorandum of understanding shall be submitted to the department for final approval: And provided further, That, subject to appropriations therefor, a school district that has been approved by the department to establish or maintain a mental health intervention team program shall be eligible to receive a mental health intervention team program grant and a community mental health center pass-through grant: And provided further, That, except as otherwise provided in this subsection, the amount of a school district’s mental health intervention team program grant shall be determined in each school year by calculating the total amount of the salary and fringe benefits paid by the school district to each school liaison, not to exceed $50,000 for any such school liaison: And provided further, That the amount of a school district’s community mental health center pass-through grant shall be an amount equal to 33% of the amount of the school district’s mental health intervention team grant, and moneys provided to a school district for the community mental health center pass-through grant shall be paid to any community mental health center that partners with the school district: And provided further, That, if the amount of appropriations are insufficient to pay in full the amount of all grants that school districts are entitled to receive for the school year, the department shall prorate the amount appropriated among all districts: And provided further, That the department shall be responsible for the allocation and distribution of grants in accordance with appropriation acts: And provided further, That the department may make grant payments in installments and may provide for payments in advance or by way of reimbursement and may make any necessary adjustments for any overpayment to a school district: And provided further, That the department shall not award any grant to a school district unless such school district has entered into a memorandum of understanding with a partnering community mental health center in accordance with this subsection: And provided further, That the department may waive the requirement that a school district employ a school liaison and may instead authorize a community mental health center that partners with the school district to employ a school liaison: And provided further, That such waiver shall only be granted by the department in limited circumstances: And provided further, That a school district that is granted a waiver pursuant to this subsection shall continue to be eligible to receive the mental health intervention team program grant and the community mental health center pass-through grant authorized pursuant to this section: And provided further, That the amount of the mental health intervention team program grant shall be determined in the same manner as provided under this subsection as though the school liaison was employed by such school district: And provided further, That upon receipt of any moneys awarded pursuant to the mental health intervention team program grant to any such school district, the school district shall direct payment of such amount to the community mental health center that employs the school liaison: And provided further, That, on or before January 8, 2024, the department shall prepare and submit a report on the mental health intervention team program for the preceding school year to the house of representatives standing committees on appropriations, social services budget and K-12 education budget and the senate standing committees on ways and means, public health and welfare and education: And provided further, That such report shall provide a summary of the program, including, but not limited to, the school districts that applied to participate or continued participating under the program, the participating community mental health centers, the grant amount each such school district received and the payments made by school districts from the mental health intervention team program fund of each school district: And provided further, That the staff required for the establishment and maintenance of a mental health intervention team program shall include a combination of one or more behavioral health liaisons employed by the school district and one or more case managers and clinical therapists employed by the partnering community mental health center: And provided further, That all staff working together under a school district’s program shall be known as the behavioral health intervention team of the school district: And provided further, That the school district and the community mental health center shall cooperate and work together to identify needs specific to the students in the school district and the families of such students and shall develop an action plan to implement a school-based program that is tailored to meet such needs: And provided further, That a school district that participates in the program shall employ one or more school liaisons who will help students in need and coordinate services between the school district, the student, the student’s family and the community mental health center: And provided further, That a school liaison shall have a bachelor’s degree in any field of study. A school liaison’s roles and responsibilities include, but are not limited to: Identifying appropriate student referrals for which the team shall engage; act as a liaison between the school district and the community mental health center and be the primary point of contact for communications between the school district and the community mental health center; assist with community mental health center staff understanding of the school district’s system and procedures, including the school calendar, professional development, drills and crisis plan protocols; triage prospective student referrals and help decide how to prioritize interventions; help the community mental health center and other school personnel understand the roles and responsibilities of the behavioral health intervention team; facilitate communications and connections between families of identified students and the community mental health center’s staff; coordinate a student’s treatment schedule with building administrators and classroom teachers to optimize clinical therapist’s productivity; troubleshoot problems that arise and work with the community mental health center to resolve such problems; track and compile outcomes to monitor the effectiveness of the program; maintain and update the mental health intervention team database as directed by the department; follow up with child welfare contacts if a student has moved schools to get the child’s educational history; be an active part of the school intervention team and relay information back to community mental health center staff, including student observations, intervention feedback from teachers, communications with family and other relevant information; work with school administration to identify and provide confidential space for a community mental health center therapist; and assist in planning continuity of care through summer services: And provided further, That a community mental health center that partners with a school district shall employ one or more master’s level clinical therapists who will collaborate with the school district to assist students in need and provide services to such students under the program: And provided further, That a clinical therapist’s roles and responsibilities under the program include, but are not limited to: Assisting the school liaison with the identification of appropriate student referrals to the program; triaging student referrals with the school liaison to prioritize treatment interventions for identified students; working with the school liaison to connect with families or child welfare contacts to obtain consent to commence treatment; conducting a clinical assessment of the identified student and make appropriate treatment recommendations; engaging with the student, family or child welfare contacts in clinical interventions as identified on the treatment plan and providing individual and family therapy; administering scales or tests to detect areas of concern with depression, anxiety, self-harm or other areas as identified; making referrals to other treatment modalities as appropriate; communicating educationally appropriate information to the school liaison, such as interventions and strategies for use by classroom and school staff; gathering outcome data to monitor the effectiveness of the program; coordinating with the case manager by the student’s treatment plan to identify ways to support the student and family; providing therapy services as determined by a students’ treatment plan; and maintaining the treatment plan and necessary treatment protocols required by the community mental health center: And provided further, That a community mental health center that partners with a school district shall employ one or more case managers who will collaborate with the school district to assist students in need and coordinate services under the program: And provided further, That a case manager’s roles and responsibilities under the program include, but are not limited to: Working with the school liaison and clinical therapist to identify students and triage priorities for treatment; providing outreach to students, families and child welfare contacts to help engage in treatment; participating in the treatment planning process; communicating with the school liaison and other school district personnel about student needs, interventions and progress; helping maintain communication between all entities, including the family, student, school, clinical therapist, child welfare contacts and the community; maintaining the treatment plan and necessary treatment protocols required by the community mental health center; making referrals to appropriate community resources; helping reconnect students and families when they are not following through with the treatment process; helping families negotiate barriers to treatment; and engaging with the student in the classroom, the home or the community to help build skills wherever needed: And provided further, That, as used in this subsection, “community mental health center” means a center organized pursuant to article 40 of chapter 19 of the Kansas Statutes Annotated, and amendments thereto, or a mental health clinic organized pursuant to article 2 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(b) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal year 2024 as authorized by this or any other appropriation act of the 2024 regular session of the legislature, expenditures shall be made by the above agency from such moneys appropriated in fiscal year 2024 to authorize the children’s cabinet to establish a nonprofit corporation organized under section 501(c)(3) of the internal revenue code of 1986: Provided, That the board of directors of the nonprofit corporation shall consist of the members of the children’s cabinet, the executive director of the children’s cabinet and other directors designated by the children’s cabinet: Provided further, That the children’s cabinet shall receive gifts, donations, grants and other moneys and engage in fundraising projects for the benefit of the Dolly Parton’s imagination library book gifting program to develop, implement, promote and sustain reading by the children of Kansas.
Sec. 38.
STATE LIBRARY
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$30,000 |
Provided, That expenditures shall be made by the above agency from the blind information access program account to contract with an organization that delivers on-demand information access services to persons who are blind, visually impaired, deafblind, print disabled or who have another disability: Provided further, That such services shall provide access to digital content through audio, electronic text and braille reading technologies and other related services, including, but not limited to, Kansas specific publications, national publications, international publications, breaking news sources and localized emergency weather alerts: And provided further, That such on-demand information access services shall be provided using telecommunications services or internet services.
Sec. 39.
STATE LIBRARY
(a) Any unencumbered balance in the blind information access program account in excess of $100 as of June 30, 2024, is hereby reappropriated for fiscal year 2025: Provided, That expenditures shall be made by the above agency from the blind information access program account to contract with an organization that delivers on-demand information access services to persons who are blind, visually impaired, deafblind, print disabled or who have another disability: Provided further, That such services shall provide access to digital content through audio, electronic text and braille reading technologies and other related services, including, but not limited to, Kansas specific publications, national publications, international publications, breaking news sources and localized emergency weather alerts: And provided further, That such on-demand information access services shall be provided using telecommunications services or internet services.
Sec. 40.
STATE HISTORICAL SOCIETY
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$250,000 |
Provided, That expenditures shall be made by the above agency from the Quindaro ruins archaeological park project account to issue a request for proposals for a master plan for the Quindaro ruins archaeological park in Wyandotte county, Kansas.
Sec. 41.
FORT HAYS STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, for the capital improvement project or projects specified, the following:
|
$6,000,000 |
Sec. 42.
KANSAS STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$252,800 |
|
$1,250,000 |
Provided, That in addition to the other purposes for which expenditure may be made from this account for fiscal year 2024 as authorized by section 100(a) of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made from this account for fiscal year 2024 to support the turbine transition program and increase the number of career-ready pilots positively impacting the current industry crisis.
Sec. 43.
PITTSBURG STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$2,000,000 |
|
$2,000,000 |
Sec. 44.
UNIVERSITY OF KANSAS
(a) During the fiscal years ending June 30, 2023, and June 30, 2024, notwithstanding the provisions of any statute to the contrary, no expenditures shall be made by the above agency from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal years 2023 and 2024 as authorized by chapter 81 or chapter 97 of the 2022 Session Laws of Kansas, section 109 or 160 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, to demolish or raze Smith hall and move or place in storage any related artwork, including, but not limited to, the statue of Moses, on the Lawrence campus until the above agency has submitted a written revised and updated 2024 master plan for the Lawrence campus to the state board of regents: Provided, That such plan shall include the justification for such demolition or razing of Smith hall and the plan for the use of the land currently occupied by Smith hall: Provided further, That such plan shall be presented to the state board of regents at a public meeting where members of the public shall be allowed to present testimony: And provided further, That if such plan is approved by a majority of the members of the state board of regents in a public meeting, then the above agency may expend moneys during fiscal years 2023 and 2024 to demolish or raze Smith hall: And provided further, That during fiscal years 2023 and 2024, nothing in this subsection shall authorize the above agency to use any private moneys for the demolition or razing of Smith hall and the above agency is prohibited from using any private moneys for such purposes prior to the approval of the state board of regents as provided for in this subsection.
(b) If 2023 House Bill No. 2089, 2023 House Substitute for Senate Bill No. 113 or any other legislation that transfers moneys from the legislature employment security fund of the legislative coordinating council is passed by the legislature during the 2023 regular session and enacted into law, then on July 1, 2023, the amount of $71,000,000 authorized by section 33(c) of 2023 House Bill No. 2184 to be transferred by the director of accounts and reports from the legislature employment security fund of the legislative coordinating council to the university of Kansas and Wichita state university health collaboration fund of the university of Kansas is hereby decreased by 50% of the total amount transferred by any such legislation as certified by the director of the budget to the director accounts and reports: Provided, That upon receipt of such certification, on July 1, 2023, the director of accounts and reports shall transfer such certified amount, not to exceed $15,000,000, from the state general fund to the university of Kansas and Wichita state university health collaboration fund of the university of Kansas: Provided further, That the director of the budget shall transmit a copy of each such certification to the director of legislative research.
Sec. 45.
UNIVERSITY OF KANSAS MEDICAL CENTER
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$27,000 |
|
$943,000 |
|
$30,000 |
|
$6,500,000 |
(b) During the fiscal year ending June 30, 2024, in addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund or funds of the above agency for fiscal year 2024 as authorized by section 112 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from such moneys to review funding for the university of Kansas cancer center building, including, but not limited to, the need for additional state moneys to leverage private funding required for construction of such cancer center to advance and to submit a report on such agency’s findings from such review to the legislature during the 2024 regular session of the legislature.
Sec. 46.
WICHITA STATE UNIVERSITY
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$6,500,000 |
(b) If 2023 House Bill No. 2089, 2023 House Substitute for Senate Bill No. 113 or any other legislation that transfers moneys from the legislature employment security fund of the legislative coordinating council is passed by the legislature during the 2023 regular session and enacted into law, then on July 1, 2023, the amount of $71,000,000 authorized by section 33(d) of 2023 House Bill No. 2184 to be transferred by the director of accounts and reports from the legislature employment security fund of the legislative coordinating council to the Wichita state university and university of Kansas health collaboration fund of Wichita state university is hereby decreased by 50% of the total amount transferred by any such legislation as certified by the director of the budget to the director accounts and reports: Provided, That upon receipt of such certification, on July 1, 2023, the director of accounts and reports shall transfer such certified amount, not to exceed $15,000,000, from the state general fund to the Wichita state university and university of Kansas health collaboration fund of Wichita state university: Provided further, That the director of the budget shall transmit a copy of each such certification to the director of legislative research.
Sec. 47.
STATE BOARD OF REGENTS
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$8,500,000 |
|
$600,000 |
|
$10,500,000 |
|
$700,000 |
|
$5,000,000 |
Provided, That all expenditures from such account shall be made to provide that all moneys shall be distributed in the same proportionate amount as such moneys were distributed to each such independent college in fiscal year 2023 from the comprehensive grant program account (561-00-1000-4500): Provided further, That, as used in this subsection, “independent college” means a not-for-profit independent institution of higher education which is accredited by the north central association of colleges and secondary schools accrediting agency based on its requirements as of April 1, 1985, or by the higher learning commission of the north central association of colleges and schools based on its requirements as of January 1, 2006, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment and the main campus or principal place of operation of which is located in Kansas.
(b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
(c) On July 1, 2023, of the amount of money appropriated for the university of Kansas, university of Kansas medical center, Kansas state university, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university and Washburn university in such universities’ student aid for financial need accounts for the fiscal year ending June 30, 2024, by 2023 House Bill No. 2184 from the state general fund, the aggregated sum of $5,000,000 is hereby lapsed: Provided, That the above agency shall determine the specific amounts to be lapsed from each such university’s student aid for financial need accounts in an aggregate amount not to exceed $5,000,000.
(d) On the effective date of this act, the provisions of the proviso under section 115(a) of 2023 House Bill No. 2184 for the community college capital outlay aid account are hereby declared to be null and void and shall have no force and effect.
(e) During fiscal year 2024, all expenditures from the community college capital outlay aid account shall be distributed to any community college not eligible for career technical education capital outlay aid in K.S.A. 74-32,413(c), and amendments thereto, based upon the number of technical education full-time equivalent students at each community college in academic year 2022.
(f) On the effective date of this act, the provisions of the proviso under section 115(a) of 2023 House Bill No. 2184 for the two year college apprenticeship act account are hereby declared to be null and void and shall have no force and effect.
(g) During fiscal year 2024, all expenditures from the two year college apprenticeship act account shall be distributed to the community colleges and technical colleges based on the number of full-time equivalent students enrolled at each such college during academic year 2022 to be used for the development of registered apprenticeships, business and industry outreach and development of programing to meet the emerging needs of Kansas businesses.
(h) On July 1, 2023, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $1,000,000 from the state general fund to the Kansas adult learner grant program fund of the state board of regents.
Sec. 48.
STATE BOARD OF REGENTS
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2025, the following:
|
$1,035,919 |
Provided, That any unencumbered balance in the state scholarship program account in excess of $100 as of June 30, 2024, is hereby reappropriated for fiscal year 2025: Provided further, That expenditures may be made from the state scholarship program account for the state scholarship program under K.S.A. 74-32,239, and amendments thereto, and for the Kansas distinguished scholarship program under K.S.A. 74-3278 through 74-3283, and amendments thereto: And provided further, That, of the total amount appropriated in the state scholarship program account, the amount dedicated for the Kansas distinguished scholarship program shall not exceed $25,000.
Sec. 49.
DEPARTMENT OF CORRECTIONS
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, the following:
|
$227,377 |
|
$57,895 |
Sec. 50.
DEPARTMENT OF CORRECTIONS
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$1,124,113 |
Sec. 51.
ADJUTANT GENERAL
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2023, for the capital improvement project or projects specified, the following:
|
$410,913 |
Sec. 52.
ADJUTANT GENERAL
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, for the capital improvement project or projects specified, the following:
|
$1,208,100 |
Sec. 53.
STATE FIRE MARSHAL
(a) During the fiscal years ending June 30, 2023, and June 30, 2024, notwithstanding the provisions of any statute to the contrary, no expenditures shall be made by the above agency from moneys appropriated from any special revenue fund or funds for fiscal years 2023 and 2024 as authorized by section 116 of chapter 81 and section 40 of chapter 97 of the 2022 Session Laws of Kansas, sections 123 and 124 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 or 2024 regular session of the legislature, to regulate or impose any restrictions, including, but not limited to, fire suppression system, on agribusiness farm wineries: Provided, That, as used in this subsection, “agribusiness farm wineries” means a business that holds a farm winery license pursuant to K.S.A. 41-308a, and amendments thereto, is a registered agritourism operator pursuant to K.S.A. 32-1430 et seq., and amendments thereto, and engages in agritourism activities.
Sec. 54.
KANSAS HIGHWAY PATROL
(a) In addition to the other purposes for which expenditures may be made by the above agency from the moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2024, as authorized by this or other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from the moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2024 to issue a Kansas highway patrol card, the same card that is issued to a retiring full-time state law enforcement officer, to a retired part-time state law enforcement officer who has 10 years or more of service, if the superintendent determines that the employment record and performance evaluations of each such officer are satisfactory: Provided, That the provisions of this subsection shall apply to all part-time state law enforcement officers who retired on or after January 1, 2020.
Sec. 55.
ATTORNEY GENERAL –
KANSAS BUREAU OF INVESTIGATION
(a) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2023, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
Sec. 56.
ATTORNEY GENERAL –
KANSAS BUREAU OF INVESTIGATION
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$592,515 |
Provided however, That, if 2023 Senate Substitute for House Bill No. 2010 is not passed by the legislature during the 2023 regular session and enacted into law, then on the effective date of this act, of the $592,515 appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, by this section in the operating expenditures account, $182,180 is hereby lapsed.
(b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures other than refunds authorized by law shall not exceed the following:
|
No limit |
Sec. 57.
KANSAS SENTENCING COMMISSION
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$1,800,000 |
Provided however, That, if 2023 Senate Substitute for House Bill No. 2010 is not passed by the legislature during the 2023 regular session and enacted into law, then on the effective date of this act, the $1,800,000 appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, by this section in the substance abuse treatment account is hereby lapsed.
Sec. 58.
KANSAS COMMISSION ON PEACE OFFICERS’ STANDARDS AND TRAINING
(a) On the effective date of this act, the expenditure limitation established for the fiscal year ending June 30, 2023, by section 131(a) of 2023 House Bill No. 2184 on the Kansas commission on peace officers’ standards and training fund (529-00-2583-2580) of the Kansas commission on peace officers’ standards and training is hereby increased from $822,153 to $844,161.
Sec. 59.
KANSAS COMMISSION ON PEACE OFFICERS’ STANDARDS AND TRAINING
(a) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 131(a) of 2023 House Bill No. 2184 on the Kansas commission on peace officers’ standards and training fund (529-00-2583-2580) of the Kansas commission on peace officers’ standards and training is hereby increased from $916,965 to $938,973.
Sec. 60.
KANSAS DEPARTMENT OF AGRICULTURE
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$1,955,405 |
(b) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal years 2023 and 2024 as authorized by section 127 of chapter 81 and section 46 of chapter 97 of the 2022 Session Laws of Kansas, sections 133 and 134 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 or 2024 regular session of the legislature, expenditures shall be made by the above agency from such moneys appropriated in fiscal years 2023 and 2024 to study the issues surrounding the regulation of agribusiness farm wineries: Provided, That, as used in this subsection, “agribusiness farm wineries” means a business that holds a farm winery license pursuant to K.S.A. 41-308a, and amendments thereto, is a registered agritourism operator pursuant to K.S.A. 32-1430 et seq., and amendments thereto, and engages in agritourism activities: Provided further, That on or before January 8, 2024, the above agency shall submit a report to the house of representatives committee on commerce, labor and economic development and the senate committee on commerce.
(c) On the effective date of this act, any unencumbered balance in the dairy industry expansion needs assessment account (046-00-1000-0060) of the state general fund of the above agency is hereby lapsed.
Sec. 61.
KANSAS WATER OFFICE
(a) There is appropriated for the above agency from the state water plan fund for the fiscal year ending June 30, 2024, for the state water plan project or projects specified, the following:
|
$18,000,000 |
(b) There is appropriated for the above agency from the following special revenue fund or funds for the fiscal year ending June 30, 2024, all moneys now or hereafter lawfully credited to and available in such fund or funds, except that expenditures shall not exceed the following:
|
No limit |
|
No limit |
(c) During the fiscal year ending June 30, 2024, the director of the Kansas water office, with the approval of the state finance council acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, may transfer moneys from any account of the state water plan fund for fiscal year 2024 for the Kansas water office to any account of the state water plan fund for fiscal year 2024 for the Kansas department of wildlife and parks, the university of Kansas, the Kansas department of agriculture or the department of health and environment – division of environment: Provided, That the state finance council is hereby authorized to approve such transfers: Provided further, That the director of the Kansas water office shall certify each such transfer to the director of accounts and reports and upon receipt of such certification, the director of accounts and reports shall transfer such certified amount to the certified account: And provided further, That, when the director of the Kansas water office provides certification to the director of accounts and reports under this subsection, the director shall transmit a copy of each such certification to the director of the budget and the director of legislative research: And provided further, That all moneys transferred to such accounts of the state water plan fund for such state agencies are appropriated for the fiscal year ending June 30, 2024, and shall be expended by such state agency for the state water plan project or projects specified by such accounts: And provided further, That the total of such transfers for fiscal year 2024 shall not exceed $18,000,000.
Sec. 62.
KANSAS DEPARTMENT OF WILDLIFE AND PARKS
(a) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 138(c) of 2023 House Bill No. 2184 on the boating fee fund (710-00-2245-2813) of the Kansas department of wildlife and parks is hereby increased from $1,103,187 to $1,134,548.
(b) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 138(c) of 2023 House Bill No. 2184 on the wildlife fee fund (710-00-2300-2890) of the Kansas department of wildlife and parks is hereby increased from $37,021,157 to $38,664,650.
(c) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 138(b) of 2023 House Bill No. 2184 on the state parks operating expenditures account (710-00-1900-1920) of the state economic development initiatives fund of the Kansas department of wildlife and parks is hereby increased from $1,787,952 to $1,857,177.
(d) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 138(c) of 2023 House Bill No. 2184 on the parks fee fund (710-00-2122-2053) of the Kansas department of wildlife and parks is hereby increased from $12,857,301 to $13,454,031.
(e) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 138(c) of 2023 House Bill No. 2184 on the department access roads fund (710-00-2178-2761) of the Kansas department of wildlife and parks is hereby increased from $1,746,736 to $1,815,961.
Sec. 63.
DEPARTMENT OF TRANSPORTATION
(a) On July 1, 2023, the expenditure limitation established for the fiscal year ending June 30, 2024, by section 140(b) of 2023 House Bill No. 2184 on the agency operations account (276-00-4100-0403) of the state highway fund (276-00-4100-4100) of the department of transportation is hereby increased from $319,084,889 to $319,213,529.
Sec. 64. (a) On the effective date of this act, the provisions of section 144(a) and (b) of 2023 House Bill No. 2184 are hereby declared to be null and void and shall have no force and effect.
Sec. 65.
STATE FINANCE COUNCIL
(a) There is appropriated for the above agency from the state general fund for the fiscal year ending June 30, 2024, the following:
|
$46,000,000 |
Provided, That all moneys in the state employee pay increase account shall be used for the purpose of paying the proportionate share of the cost to the state general fund of the salary increase, including associated employer contributions, during fiscal year 2024.
(b) There is appropriated for the above agency from the state economic development initiatives fund for the fiscal year ending June 30, 2024, the following:
|
$578,211 |
Provided, That all moneys in the state employee pay increase account shall be used for the purpose of paying the proportionate share of the cost to the state economic development initiatives fund of the salary increase, including associated employer contributions, during fiscal year 2024.
(c) There is appropriated for the above agency from the state water plan fund for the fiscal year ending June 30, 2024, the following:
|
$75,459 |
Provided, That all moneys in the state employee pay increase account shall be used for the purpose of paying the proportionate share of the cost to the state water plan fund of the salary increase, including associated employer contributions, during fiscal year 2024.
(d) There is appropriated for the above agency from the children’s initiatives fund for the fiscal year ending June 30, 2024, the following:
|
$7,739 |
Provided, That all moneys in the state employee pay increase account shall be used for the purpose of paying the proportionate share of the cost to the children’s initiatives fund of the salary increase, including associated employer contributions, during fiscal year 2024.
(e) There is appropriated for the above agency from the Kansas endowment for youth fund for the fiscal year ending June 30, 2024, the following:
|
$7,999 |
Provided, That all moneys in the state employee pay increase account shall be used for the purpose of paying the proportionate share of the cost to the Kansas endowment for youth fund of the salary increase, including associated employer contributions, during fiscal year 2024.
(f) Upon recommendation of the director of the budget, the state finance council, acting on this matter, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, is hereby authorized to approve increases in expenditure limitations on special revenue funds and accounts and increase the transfers between special revenue funds as necessary to pay the salary increases under this section for the fiscal year ending June 30, 2024. The director of accounts and reports is hereby authorized and directed to increase expenditure limitations on such special revenue funds and accounts and increase the transfers between special revenue funds in accordance with such approval for the purpose of paying from such funds or accounts the proportionate share of the cost to such funds or accounts, including associated employer contributions, of the salary increases and other amounts specified for the fiscal year ending June 30, 2024.
(g) (1) Based on the department of administration’s 2022 market survey summary, effective with the first payroll period chargeable to the fiscal year ending June 30, 2024, the following executive branch benefits-eligible employees shall receive a salary increase, as close as possible based on the closest available step for classified employees, as follows:
(A) If an employee’s class/job title is under market pay by 15% or greater, such employee’s salary shall be increased by the percentage that equals the difference between such under market pay percentage and 10% under market.
(B) If an employee’s class/job title is under market pay by less than 15% and not greater than 10% over market pay, such employee’s salary shall be increased by 5%.
(C) If an employee’s class/job title is over market pay by greater than 10%, such employee’s salary shall be increased by 2.5%.
(2) Effective with the first payroll period chargeable to the fiscal year ending June 30, 2024, an executive branch benefits-eligible employee whose class/job title is not listed in such market survey summary shall be eligible for a salary increase of two steps for employees in the classified service, including associated employer contributions, and each pay grade of the classified pay matrix shall be extended upward by two steps.
(3) Effective with the first payroll period chargeable to the fiscal year ending June 30, 2024, an executive branch benefits-eligible employee whose class/job title is not listed in such market survey summary and is in the unclassified service shall receive a salary increase of 5.0%.
(4) Effective with the first payroll period chargeable to the fiscal year ending June 30, 2024, all legislative branch state agencies shall receive a sum equivalent to the total of 5.0%, rounded to the nearest penny, of the salaries of all benefits-eligible unclassified employees in such agency, to be distributed as a merit pool.
(5) Effective with the first payroll period chargeable to the fiscal year ending June 30, 2024, the judicial branch shall receive a sum equivalent to the total of 5.0%, rounded to the nearest penny, of the salaries of all benefits-eligible non-judge judicial branch employees in such agency, to be distributed as a merit pool.
(6) Effective with the first payroll period chargeable to the fiscal year ending June 30, 2024, the state board of regents and the universities shall receive a sum equivalent to the total of 2.5%, rounded to the nearest penny, of the salaries of all benefits-eligible employees in such agency, to be distributed as a merit pool.
(7) In addition to any market salary adjustment pursuant to subsection (g)(1), corrections officers and parole officers of the department of corrections and employees at Osawatomie state hospital, Larned state hospital, Larned mental health correctional facility, Parsons state hospital and training center, the Kansas neurological institute, Kansas soldiers’ home and the Kansas veteran’s home shall receive a salary increase of 5.0%.
(8) In addition to any formal, written career progression plan implemented by executive directive, employees assigned to a trooper or officer classification, including the capitol police, of the Kansas highway patrol and Kansas bureau of investigation commissioned officers and forensic scientists shall receive a salary increase of 2.5%.
(h) (1) Notwithstanding the provisions of K.S.A. 46-137a and 46-137b, and amendments thereto, or any other statute, the provisions of subsection (g) shall not apply to the compensation or bi-weekly allowance paid to each member of the legislature.
(2) Notwithstanding the provisions of K.S.A. 75-3111a, and amendments thereto, or any other statute, the provisions of subsection (g) shall not apply to state officers elected on a statewide basis.
(3) Notwithstanding the provisions of K.S.A. 75-3120l, and amendments thereto, or any other statute, the provisions of subsection (g) shall not apply to justices of the supreme court, judges of the court of appeals, district court judges or district magistrate judges.
(4) The provisions of subsection (g) shall not apply to:
(A) Teachers and licensed personnel and employees at the Kansas state school for the deaf or the Kansas state school for the blind.
(B) Any other employees on a formal, written career progression plan implemented by executive directive.
Sec. 66.
DEPARTMENT OF ADMINISTRATION
(a) In addition to the other purposes for which expenditures may be made by the department of administration from moneys appropriated from the state general fund or any special revenue fund or funds for fiscal year 2024 as authorized by section 63 of 2023 House Bill No. 2184, this or any other appropriation act of the 2023 regular session of the legislature, expenditures shall be made by the above agency from such moneys appropriated in fiscal year 2024 to review and analyze the job market at the different locations of state agencies and state institutions across the state.
Sec. 67. On and after July 1, 2023, K.S.A. 2022 Supp. 75-2263, as amended by section 178 of 2023 House Bill No. 2184, is hereby amended to read as follows: 75-2263. (a) Subject to the provisions of subsection (j), the board of trustees is responsible for the management and investment of that portion of state moneys available for investment by the pooled money investment board that is certified by the state treasurer to the board of trustees as being equivalent to the aggregate net amount received for unclaimed property and shall discharge the board’s duties with respect to such moneys solely in the interests of the state general fund and shall invest and reinvest such moneys and acquire, retain, manage, including the exercise of any voting rights and disposal of investments of such moneys within the limitations and according to the powers, duties and purposes as prescribed by this section.
(b) Moneys specified in subsection (a) shall be invested and reinvested to achieve the investment objective, which is preservation of such moneys and accordingly providing that the moneys are as productive as possible, subject to the standards set forth in this section. No such moneys shall be invested or reinvested if the sole or primary investment objective is for economic development or social purposes or objectives.
(c) In investing and reinvesting moneys specified in subsection (a) and in acquiring, retaining, managing and disposing of investments of the moneys, the board of trustees shall exercise the judgment, care, skill, prudence and diligence under the circumstances then prevailing, which persons of prudence, discretion and intelligence acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the moneys so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so, and not in regard to speculation but in regard to the permanent disposition of similar moneys, considering the probable income as well as the probable safety of their capital.
(d) In the discharge of such management and investment responsibilities the board of trustees may contract for the services of one or more professional investment advisors or other consultants in the management and investment of such moneys and otherwise in the performance of the duties of the board of trustees under this section.
(e) The board of trustees shall require that each person contracted with under subsection (d) to provide services shall obtain commercial insurance that provides for errors and omissions coverage for such person in an amount to be specified by the board of trustees. The amount of such coverage specified by the board of trustees shall be at least the greater of $500,000 or 1% of the funds entrusted to such person up to a maximum of $10,000,000. The board of trustees shall require a person contracted with under subsection (d) to provide services to give a fidelity bond in a penal sum as may be fixed by law or, if not so fixed, as may be fixed by the board of trustees, with corporate surety authorized to do business in this state. Such persons contracted with the board of trustees pursuant to subsection (d) and any persons contracted with such persons to perform the functions specified in subsection (b) shall be deemed to be fiduciary agents of the board of trustees in the performance of contractual obligations.
(f) (1) Subject to the objective set forth in subsection (b) and the standards set forth in subsection (c), the board of trustees shall formulate and adopt policies and objectives for the investment and reinvestment of such moneys and the acquisition, retention, management and disposition of investments of the moneys. Such policies and objectives shall be in writing and shall include:
(A) Specific asset allocation standards and objectives;
(B) establishment of criteria for evaluating the risk versus the potential return on a particular investment; and
(C) a requirement that all investment advisors, and any managers or others with similar duties and responsibilities as investment advisors, shall immediately report all instances of default on investments to the board of trustees and provide such board of trustees with recommendations and options, including, but not limited to, curing the default or withdrawal from the investment.
(2) The board of trustees shall review such policies and objectives, make changes considered necessary or desirable and readopt such policies and objectives on an annual basis.
(g) Except as provided in subsection (d) and this subsection, the custody of such moneys shall remain in the custody of the state treasurer, except that the board of trustees may arrange for the custody of such moneys as it considers advisable with one or more member banks or trust companies of the federal reserve system or with one or more banks in the state of Kansas, or both, to be held in safekeeping by the banks or trust companies for the collection of the principal and interest or other income or of the proceeds of sale. All such moneys shall be considered moneys in the state treasury for purposes of K.S.A. 75-6704, and amendments thereto.
(h) All interest or other income of the investments of the moneys invested under this section, after payment of any management fees, shall be deposited in the state treasury to the credit of the state general fund.
(i) The state treasurer shall certify to the board of trustees a portion of state moneys available for investment by the pooled money investment board that is equivalent to the aggregate net amount received for unclaimed property. The state treasurer shall transfer the amount certified to the board of trustees. During fiscal years 2023, 2024 and 2025, the state treasurer shall not certify or transfer any state moneys available for investment pursuant to this subsection.
(j) As used in this section:
(1) “Board of trustees” means the board of trustees of the Kansas public employees retirement system established by K.S.A. 74-4905, and amendments thereto.
(2) “Fiduciary” means a person who, with respect to the moneys invested under this section:
(A) Exercises any discretionary authority with respect to administration of the moneys;
(B) exercises any authority to invest or manage such moneys or has any authority or responsibility to do so;
(C) provides investment advice for a fee or other direct or indirect compensation with respect to such moneys or has any authority or responsibility to do so;
(D) provides actuarial, accounting, auditing, consulting, legal or other professional services for a fee or other direct or indirect compensation with respect to such moneys or has any authority or responsibility to do so; or
(E) is a member of the board of trustees or of the staff of the board of trustees.
Sec. 68. K.S.A. 2022 Supp. 75-6707, as amended by section 179 of 2023 House Bill No. 2184, is hereby amended to read as follows: 75-6707. (a) For the fiscal years ending June 30, 2023, June 30, 2024, and June 30, 2025, the director of the budget, in consultation with the director of legislative research, shall certify, at the end of each such fiscal year, the amount of actual tax receipt revenues to the state general fund that is in excess of, or is less than, the amount of estimated tax receipt revenues to the state general fund pursuant to the most recent joint estimate of revenue under K.S.A. 75-6701, and amendments thereto, for such fiscal year, and shall transmit such certification to the director of accounts and reports.
(b) (1) Except as provided in paragraph (2), upon receipt of such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer 50% of such certified excess amount from the state general fund for the fiscal years ending June 30, 2023, June 30, 2024, and June 30, 2025, to the budget stabilization fund established by K.S.A. 75-6706, and amendments thereto.
(2) During the fiscal years ending June 30, 2023, June 30, 2024, and June 30, 2025, if the balance of the budget stabilization fund is 15% 20% or greater of the amount of actual tax receipt revenues to the state general fund at the end of each such fiscal year, no transfers from the state general fund to the budget stabilization fund shall be made pursuant to this subsection.
(c) If the amount of actual tax receipt revenues to the state general fund is less than the amount of estimated tax receipt revenues to the state general fund, then no transfers shall be made pursuant to this section.
Sec. 69. K.S.A. 2022 Supp. 75-6707, as amended by section 179 of 2023 House Bill No. 2184, is hereby repealed.
Sec. 70. On and after July 1, 2023, K.S.A. 2022 Supp. 75-2263, as amended by section 178 of 2023 House Bill No. 2184, is hereby repealed.
Sec. 71. Severability. If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 72. Appeals to exceed expenditure limitations. (a) Upon written application to the governor and approval of the state finance council, expenditures from special revenue funds may exceed the amounts specified in this act.
(b) This section shall not apply to the expanded lottery act revenues fund, the state economic development initiatives fund, the children’s initiatives fund, the state water plan fund or the Kansas endowment for youth fund, or to any account of any of such funds.
Sec. 73. If any fund or account name described by words and the numerical accounting code that follows such fund or account name do not match, it shall be conclusively presumed that the legislature intended that the fund or account name described by words is the correct fund or account name, and such fund or account name described by words shall control over a contradictory or incorrect numerical accounting code.
Sec. 74. This act shall take effect and be in force from and after its publication in the Kansas register.
Doc. No. 051169
