Volume 42 - Issue 9 - March 2, 2023

State of Kansas

Legislative Administrative Services

Legislative Bills and Resolutions Introduced

The following numbers and titles of bills and resolutions were introduced February 16-22 during the 2023 session of the Kansas Legislature. Full text of bills, bill tracking, and other information may be accessed at http://www.kslegislature.org/li/.

House Bills

HB 2423, AN ACT concerning civil actions and civil procedure; enacting the act against abusive access litigation; creating a civil action for determining whether litigation that alleges any access violation under the Americans with disabilities act or similar law constitutes abusive litigation and authorizing penalties for such abusive litigation, by Committee on Taxation.

HB 2424, AN ACT concerning taxation; relating to income, privilege and premium tax credits; establishing a refundable income tax credit for direct payments made by employers to student loans on behalf of a qualified employee, by Committee on Taxation.

HB 2425, AN ACT concerning income taxation; relating to credits; establishing a refundable income tax credit for tuition payments made to postsecondary educational institutions, by Committee on Taxation.

HB 2426, AN ACT concerning criminal procedure; relating to grand juries; authorizing appeals from certain decisions related to citizen-initiated grand juries; amending K.S.A. 2022 Supp. 22-3001 and 22-3008 and repealing the existing sections, by Committee on Federal and State Affairs.

HB 2427, AN ACT concerning school districts; relating to school sponsored travel and activities; requiring separate overnight accommodations for students of each biological sex, by Committee on Federal and State Affairs.

HB 2428, AN ACT concerning retirement and pensions; relating to the Kansas police and firemen’s retirement system; providing for membership affiliation for certain security officers of the department of corrections and certain law enforcement officers and employees of the Kansas department of wildlife and parks; establishing employee and employer contributions, by Committee on Appropriations.

HB 2429, AN ACT concerning abortion; establishing the alternatives to abortion program and the alternatives to abortion public awareness program; providing services that promote childbirth to women facing unplanned pregnancies; promoting public awareness of such services, by Committee on Appropriations.

HB 2430, AN ACT concerning state agencies; relating to funds used to support unhoused individuals; providing requirements for the use of funds; requiring state agencies to provide funds for local subdivisions; creating the crime of unauthorized use of state lands and providing penalties therefor; restricting local subdivisions from adopting certain policies; enacting the safe cities act, by Committee on Federal and State Affairs.

HB 2431, AN ACT concerning alcoholic liquor; relating to public waters; allowing vessels that operate upon the Perry reservoir to be licensed as clubs or drinking establishments notwithstanding any zoning regulation or other regulation of any city, township or county; amending K.S.A. 41-2601, 41-2612 and 41-2702 and K.S.A. 2022 Supp. 41-719 and 41-2608 and repealing the existing sections, by Committee on Federal and State Affairs.

HB 2432, AN ACT concerning postsecondary education; relating to tuition; providing for the waiver of tuition for certain children of qualifying public school teachers; deeming certain children of qualifying public school teachers as residents for tuition purposes; amending K.S.A. 76-729 and repealing the existing section, by Committee on Appropriations.

HB 2433, AN ACT concerning income taxation; relating to the determination of Kansas adjusted gross income; allowing a taxpayer to elect the taxable year in which a subtraction modification for contributions to a qualified tuition program would be applied; amending K.S.A. 2022 Supp. 79-32,117 and repealing the existing section, by Committee on Taxation.

HB 2434, AN ACT concerning parimutuel wagering; relating to historical horse races; crediting tax revenue generated to the horse breeding development fund and the horse fair racing benefit fund; amending K.S.A. 2022 Supp. 74-8823 and repealing the existing section, by Committee on Taxation.

HB 2435, AN ACT concerning taxation; relating to sales and compensating use tax; reducing the rate of tax and further reducing the rate of tax on sales of food and food ingredients; providing an exemption for sales of children’s diapers and feminine hygiene products; relating to STAR bonds; establishing the STAR bonds food sales tax revenue replacement fund and providing certain transfers thereto; altering the calculation for STAR bond districts; relating to income tax; discontinuing the food sales tax credit; amending K.S.A. 12-17,162 and K.S.A. 2022 Supp. 79-32,271, 79-3603, 79-3603d, 79-3606, 79-3620, 79-3703 and 79-3710 and repealing the existing sections, by Committee on Taxation.

HB 2436, AN ACT concerning environmental, social and governance criteria involving public contracts and investments; enacting the Kansas public investments and contracts protection act; prohibiting the state or a political subdivision from giving preferential treatment to or discriminating against companies based on environmental, social and governance criteria in procuring or letting contracts; requiring fiduciaries of the Kansas public employees retirement system to act solely in the financial interest of participants and beneficiaries of the system; restricting state agencies from adopting environmental, social and governance criteria or requiring any person or business to operate in accordance with such criteria; providing for enforcement of such act by the attorney general; amending K.S.A. 2022 Supp. 74-4921 and repealing the existing section, by Committee on Appropriations.

HB 2437, AN ACT concerning agriculture; relating to animal facilities inspections; updating certain terms, requirements and fees contained in the Kansas pet animal act related thereto; amending K.S.A. 47-1701, 47-1704, 47-1706, 47-1707, 47-1709, 47-1712, 47-1715, 47-1721, 47-1723 and 47-1732 and repealing the existing sections, by Committee on Federal and State Affairs.

HB 2438, AN ACT concerning emergency medical services; eliminating the designation and certification of instructor-coordinators; amending K.S.A. 2022 Supp. 65-2891, 65-6102, 65-6112, 65-6124 and 65-6150 and repealing the existing sections; also repealing K.S.A. 2022 Supp. 65-6129b, by Committee on Federal and State Affairs.

HB 2439, AN ACT concerning health and healthcare; relating to medication abortions; requiring certain notifications for patients under the woman’s right-to-know act; amending K.S.A. 65-6708 and repealing the existing section, by Committee on Federal and State Affairs.

HB 2440, AN ACT concerning public utilities; relating to the state corporation commission; requiring public utilities to report information regarding customer assistance programs, account delinquencies and disconnections; requiring monthly, annual and historical reporting of such information, by Committee on Taxation.

HB 2441, AN ACT concerning firearms; creating the anti-red flag gun seizure act; prohibiting the enforcement of any law, regulation or order that prohibits the possession of a firearm in violation of amendment II to the constitution of the United States; providing a cause of action and civil penalties for violations of the act, by Committee on Federal and State Affairs.

HB 2442, AN ACT concerning firearms; creating the Kansas gun rights preservation act; prohibiting the infringement of the right to keep and bear arms by the federal government, by Committee on Federal and State Affairs.

Senate Bills

SB 258, AN ACT concerning civil actions and civil procedure; enacting the act against abusive access litigation; creating a civil action for determining whether litigation that alleges any access violation under the Americans with disabilities act or similar law constitutes abusive litigation and authorizing penalties for such abusive litigation, by Committee on Federal and State Affairs.

SB 259, AN ACT concerning elections; prohibiting the use of ballot copies or images in election audits and recounts; setting a deadline of 7:00 p.m. on the day of the election for the receipt of all advance ballots by the office of the county election officer; requiring the use of paper ballots and hand counting of ballots for all elections; providing for legislative oversight of elections with respect to certain matters; mandating that election records be publicly available and the creation of certain additional election records pertaining to ballots by the county election officer; establishing use of a uniform paper for the printing of ballots for all elections; amending K.S.A. 25-1132, 25-3107 and 25-4413 and K.S.A. 2022 Supp. 25-2912 and 25-3009 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 260, AN ACT concerning elections; prohibiting remote ballot boxes; providing for transmission of election-related materials from county election officers to the secretary of state for posting on the secretary’s website; allowing a leave of absence from work for advance voting; limiting applications for advance voting ballots to be transmitted by mail to persons who are temporarily or permanently disabled or have been diagnosed as temporarily or permanently ill; requiring a delivery receipt for advance voting ballots delivered by mail and that such ballots be received by the county election officer by 7:00 p.m. on the date of the election; extending the time for applications for advance voting ballots to be transmitted by mail and transmitted in person by three days; requiring that advance voting ballots and ballots voted in person be canvassed by 12:00 a.m. on the day following the day of the election and the results immediately reported to the county election officer; providing that county election officers ensure adequate staffing of election boards; limiting the size of precincts to not more than 1,000 persons; requiring that persons vote in the precinct of their residence; making the day of the general election a state holiday; providing that signatures of voters on affidavits for federal services absentee ballots shall be notarized and such ballots shall be mailed by the voter three weeks prior to the election; prohibiting communications to the public of preliminary and final vote counts by election boards, county election officers and the secretary of state until the secretary of state has published the results from all precincts on the secretary’s website; providing for the security of voting places by the sheriff; requiring that all applications for advance voting ballots be in writing; removing the requirement that electronic or electromechanical voting systems comply with federal law; making certain election crimes felonies; amending K.S.A. 25-418, 25-1119, 25-1122, 25-1123, 25-1128, 25-1132, 25-1135, 25-1136, 25-1219, 25-1221, 25-26a02, 25-26a03, 25-26a05, 25-2701, 25-2702, 25-2702a, 25-3006 and 35-107 and K.S.A. 2022 Supp. 25-4406 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 261, AN ACT concerning criminal procedure; relating to grand juries; authorizing appeals from certain decisions related to citizen-initiated grand juries; amending K.S.A. 2022 Supp. 22-3001 and 22-3008 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 262, AN ACT concerning elections; requiring legislative approval of determinations or rules or regulations of the secretary of state; requiring the hand counting of ballots; prohibiting the use of electronic or electromechanical voting systems and electronic poll books; providing for the public reporting of vote counts during vote canvassing; amending K.S.A. 25-3001, 25-3006 and 25-3107 and K.S.A. 2022 Supp. 25-2912, 25-4402, 25-4403, 25-4404, 25-4405, 25-4407, 25-4408, 25-4411, 25-4414, 25-4415, 25-4610 and 25-4613 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 263, AN ACT concerning property taxation; relating to appraiser directives; requiring appraiser directives be established by rules and regulations; amending K.S.A. 2022 Supp. 79-505 and repealing the existing section, by Committee on Assessment and Taxation.

SB 264, AN ACT concerning income taxation; relating to credits; increasing the tax credit amount for household and dependent care expenses; amending K.S.A. 79-32,111c and repealing the existing section, by Committee on Assessment and Taxation.

SB 265, AN ACT concerning crimes, punishment and criminal procedure; relating to violation of a protective order; increasing criminal penalties for repeat violations; amending K.S.A. 2022 Supp. 21-5924 and repealing the existing section, by Committee on Ways and Means.

SB 266, AN ACT concerning crimes, punishment and criminal procedure; relating to domestic violence calls; requiring law enforcement officers to provide certain notices to victims and conduct a lethality assessment; amending K.S.A. 2022 Supp. 22-2307 and repealing the existing section, by Committee on Ways and Means.

SB 267, AN ACT concerning domestic violence; defining primary aggressor in the Kansas criminal code, the Kansas code of criminal procedure and the protection from abuse act; requiring law enforcement policies to direct that arrest is the preferred response only with respect to the primary aggressor; amending K.S.A. 2022 Supp. 21-5111, 22-2307 and 60-3107 and repealing the existing sections, by Committee on Ways and Means.

SB 268, AN ACT concerning the state fire marshal; eliminating the statutory qualifications of the chief inspector for boiler safety; amending K.S.A. 44-918 and repealing the existing section, by Committee on Federal and State Affairs.

SB 269, AN ACT concerning alcoholic beverages; relating to charitable raffle prizes; exempting prizes of alcoholic liquor and cereal malt beverages from the Kansas liquor control act, the club and drinking establishment act and the Kansas cereal malt beverage act; amending K.S.A. 41-104 and repealing the existing section, by Committee on Federal and State Affairs.

SB 270, AN ACT concerning crimes, punishment and criminal procedure; relating to robbery and aggravated robbery; including in such crimes acts that occur in the course of the taking of property; amending K.S.A. 2022 Supp. 21-5420 and repealing the existing section, by Committee on Federal and State Affairs.

SB 271, AN ACT concerning trains; relating to branch and mainline length; providing for minimum distance for storage of rolling stock, by Committee on Federal and State Affairs.

SB 272, AN ACT concerning public use general aviation airports; increasing the transfer from the state highway fund to the public use general aviation airport development fund; amending K.S.A. 2022 Supp. 75-5061 and repealing the existing section, by Committee on Ways and Means.

SB 273, AN ACT concerning planning and zoning; relating to planning and zoning by a city; eliminating the authority of a city to adopt planning and zoning regulations for land located outside of such city; amending K.S.A. 12-749 and repealing the existing section; also repealing K.S.A. 12-715b, 12-715c and 12-715d, by Committee on Assessment and Taxation.

SB 274, AN ACT concerning property taxation; relating to valuation; requiring the use of the cost approach for special purpose property, by Committee on Assessment and Taxation.

SB 275, AN ACT concerning the state gaming revenues fund; changing the total amount credited to such fund; increasing the transfer of moneys from such fund to the correctional institutions building fund; decreasing the transfer of moneys from such fund to the state economic development initiatives fund; amending K.S.A. 79-4801 and 79-4803 and K.S.A. 2022 Supp. 79-4804 and repealing the existing sections, by Committee on Ways and Means.

SB 276, AN ACT concerning industrial hemp; relating to hemp products; specifying the delta-9 tetrahydrocannabinol concentration for final hemp products; allowing certain hemp products to be manufactured, marketed, sold or distributed; amending K.S.A. 2-3901 and 2-3908 and repealing the existing sections, by Committee on Federal and State Affairs.

SB 277, AN ACT concerning health and healthcare; relating to the Kansas department for aging and disability services; providing for the regulation of supplemental nursing services agencies thereby; creating the supplemental nursing services agency regulation fund, by Committee on Ways and Means.

SB 278, AN ACT concerning public utilities; relating to the state corporation commission; requiring public utilities to report information regarding customer assistance programs, account delinquencies and disconnections; requiring monthly, annual and historical reporting of such information, by Committee on Federal and State Affairs.

SB 279, AN ACT concerning the prescription monitoring program; relating to law enforcement officials; granting law enforcement access to the prescription monitoring program database without a warrant; replacing the member of the program advisory committee representing the Kansas bureau of investigation with the attorney general or the attorney general’s designee; amending K.S.A. 65-1690 and K.S.A. 2022 Supp. 65-1685 and 65-1689 and repealing the existing sections, by Committee on Federal and State Affairs.

Senate Resolutions

SR 1710, A RESOLUTION congratulating and commending outstanding Kansas educators who have been selected for a Milken Educator Award or a Kansas Horizon Award, by Senator Dietrich.

Senate Concurrent Resolutions

SCR 1608, A CONCURRENT RESOLUTION urging the adoption of a student bill of rights, by Committee on Federal and State Affairs.

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