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2019 Briefing Book V Education Kansas Legislator Briefing Book Prepared for the 2019 Kansas Legislature Providing objective research and fiscal analysis for the Kansas Legislature Kansas Legislative Research Department Room 68-W, Statehouse 300 SW 10th Avenue Topeka, KS 66612 Phone: (785) 296-3181 kslegislature.org/klrd/ This page intentionally left blank. Kansas Legislator Briefing Book Prepared for the 2019 Kansas Legislature Kansas Legislators are called upon to make decisions on many issues that come before the Legislature. In addition, members of the Legislature are frequently asked by constituent groups to discuss public policy issues in a community forum in their districts. The purpose of the Kansas Legislator Briefing Book is to assist members in making informed policy decisions and to provide information in a condensed form that is usable for discussions with constituents—whether in their offices in Topeka or in their districts. This publication contains several reports on new topics plus reports from the prior version. Most of the reports from the prior version have been updated with new information. Kansas Legislative Research Department 300 SW 10th Ave. Room 68-West, Statehouse Topeka, KS 66612-1504 Phone: 785-296-3181 kslegislature.org/klrd This page intentionally left blank. LEGISLATOR BRIEFING BOOK TABLE OF CONTENTS Agriculture and Natural Resources Industrial Hemp A-1 This article summarizes the current state of industrial hemp law in Kansas, including a summary of the Kansas Department of Agriculture draft rules and regulations for the industrial hemp research pilot program. Also included is variations on industrial hemp pilot programs in other states. State Water Plan Fund, Kansas Water Authority, and State Water Plan A-2 The State Water Plan Fund is a statutory fund that was created by the 1989 Legislature for the establishment and implementation of water-related projects or programs and related technical assistance. It receives revenue from a variety of fees and fines related to water use and pollution, and is expended by multiple state agencies. Commerce, Labor, and Economic Development Department of Commerce B-1 The Department of Commerce is the cabinet agency concerned with economic and business development. The State’s workforce training initiatives are housed in the Department as well. For certain economic development programs, the Department of Commerce certifies to the Department of Revenue that persons or entities meet the eligibility for tax credits or other special distributions of public revenue. Statewide STAR Bond Authority B-2 Sales Tax and Revenue (STAR) Bonds are a form of tax increment financing (TIF) that may be used to finance certain economic development projects in the state. Bonds issued by a city government are repaid using all of the incremental revenues received by the city or county from any local sales and use taxes and transient guest taxes, along with all or a portion of state sales and use taxes collected in the STAR Bond district. The authority to permit new STAR Bond districts is scheduled to sunset on July 1, 2020. Unemployment Insurance Trust Fund B-3 The Kansas Unemployment Insurance Trust Fund was created in 1937 as the State’s counterpart to the Federal Unemployment Insurance Trust Fund. It provides income stability for Kansas citizens during times of economic difficulty while stimulating economic activity. Methods used to calculate employer contributions, employee benefits, and the management of the Trust Fund are discussed in this article. 2019 Briefing Book v Education Career Technical Education in Kansas C-1 The Career Technical Education Initiative (SB 155) was launched in 2012. Kansas high school students can qualify for free college tuition in approved technical courses offered at Kansas technical and community colleges. School districts also receive a monetary incentive for each student who graduates with an industry- recognized credential in a high-need occupation. Participation has increased every year, and the program has received national recognition. Mental Health Intervention Team Pilot Program C-2 Created by the 2018 Legislature, the goal of the Mental Health Intervention Team Pilot Program is to “improve social-emotional wellness and outcomes for students by increasing schools’ access to counselors, social workers, and psychologists statewide.” School Finance—Recent Legislative Changes C-3 This article provides an overview of school finance legislation enacted during the 2016 Special Session of the Legislature, as well as the Classroom Learning Assuring Student Success Act providing block grant funding for each school district for 2015-2016 and 2016-2017, and the Kansas School Equity and Enhancement Act, which was enacted during the 2017 Legislative Session. School Safety and Security C-4 The 2018 Legislature enacted provisions for school safety and security in the omnibus budget bill. These one-year provisions included grant funding for school safety, statewide standards for securing schools, and requiring school districts to adopt school safety plans. Federal and State Affairs Amusement Parks D-1 This article summarizes the history and development of Kansas amusement park regulation, including insurance requirements and oversight of amusement rides. Carrying of Firearms D-2 The Legislature passed the Personal and Family Protection Act in 2006, allowing licensed persons to carry concealed weapons on and after January 2, 2007. In 2015, the Legislature voted to allow the concealed carrying of a firearm without a concealed carry permit issued by the State, as long as the individual is not prohibited from possessing a firearm under federal or state law. Permits to carry concealed weapons will continue to be issued to eligible applicants. The open carrying of firearms by persons 18 and older is legal unless otherwise prohibited by law or signage. vi 2019 Briefing Book Legalization of Medical and Recreational Marijuana D-3 The possession and use of medical marijuana is not legal in Kansas; however, there have been several bills introduced over the past 14 years to change the law. A summary of those bills and an overview of the medical and recreational marijuana laws in other states is provided. The article also briefly examines the Wichita city ordinance that would lessen the penalty for first-time marijuana possession; 2016 HB 2049, which reduced the criminal penalty for marijuana possession in certain circumstances; 2017 SB 112, which reduced the criminal penalty for possession of drug paraphernalia; and 2018 SB 282, which amended the definition of marijuana to exempt cannabidiol. Liquor Laws D-4 This article summarizes liquor laws in Kansas, including changes made to liquor laws during the last four legislative sessions. Lottery, State-owned Casinos, Parimutuel Wagering, and Tribal Casinos D-5 Kansas voters approved a constitutional amendment in 1986 for the establishment of a State-owned lottery and the operation of parimutuel racing. In 2007, SB 66, commonly known as the Kansas Expanded Lottery Act (KELA), authorized a lottery involving electronic gaming and racetrack gaming facilities. Included in the summary is an explanation of the constitutionality of lottery operations and an overview of the distribution of revenues from traditional lottery sales, expanded gaming, and parimutuel racing. Provisions of KELA, such as the requirements, approval, and regulation of gaming facility contracts, is also detailed. Lastly, this article provides a summary of tribal-state gaming regarding the four resident tribes of Kansas. Red Flag Laws D-6 This article provides information on red flag laws, as well as red flag legislation in Kansas, in other states, and at the federal level. Regulation of Robocalls D-7 This article summarizes current law and current proposals concerning automated telephone calls in Kansas, other states, and Congress. Sanctuary Jurisdictions D-8 This article summarizes and discusses recent developments in federal and state policy relating to sanctuary jurisdictions. Sports Wagering D-9 This article provides a brief overview of recent U.S. Supreme Court action, state action, and Kansas legislation related to sports wagering. 2019 Briefing Book vii Financial Institutions and Insurance Consumer Credit Reports and Security Freezes E-1 This article discusses consumer credit reports and security freezes in light of recent state and federal action. Kansas Health Insurance Mandates E-2 Since 1973, the Kansas Legislature has added new insurance statutes mandating that certain health care providers be paid for services rendered and paying for certain prescribed types of coverages. This article outlines current Kansas provider and benefit mandates, legislative review and interim study, cost impact study requirements, and recent trends in mandates legislation. Also highlighted is the impact of the federal Patient Protection and Affordable Care Act on health benefit coverages in Kansas. Kansas Uniform Consumer Credit Code E-3 This article outlines the Kansas Uniform Consumer Credit Code (UCCC), which applies to all aspects of consumer credit addressing transactions for personal, family, and household purposes. The article addresses the interest rates for closed-end, open-end, and lender consumer transactions and more recent legislative amendments to the UCCC. A separate article discusses payday loans and recent developments regarding the regulation of small dollar lending. Payday Loan Regulation and Update on Small Dollar Lending in Kansas E-4 The Kansas Legislature first began its
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