Kansas 2023-2024 Regular Session

Kansas House Bill HB2541 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2541
3	3	By Committee on Agriculture and Natural Resources
4	4	Requested by Representative Blex on behalf of Kansans for Conservation
5	5	1-18
6	6	AN ACT concerning natural resources; relating to state moneys for
7	7	conservation; establishing the state conservation fund, the working
8	8	lands conservation fund, the wildlife conservation fund and the Kansas
9	9	outdoors fund; providing for the use of moneys in such funds by the
10	10	Kansas department of agriculture and the Kansas department of wildlife
11	11	and parks; requiring certain reports regarding such funds be made to
12	12	the governor and the legislature; authorizing certain transfers from the
13	13	state general fund and the lottery operating fund to the state
14	14	conservation fund; transfers from the state conservation fund to the
15	15	working lands conservation fund, wildlife conservation fund and the
16	16	Kansas outdoors fund; amending K.S.A. 2023 Supp. 74-8711 and
17	17	repealing the existing section.
18	18	Be it enacted by the Legislature of the State of Kansas:
19	19	New Section 1. (a) There is hereby established in the state treasury
20	20	the state conservation fund. All moneys credited to the state conservation
21	21	fund shall be expended or transferred only for the purposes and in the
22	22	manner provided by this section. All expenditures from the state
23	23	conservation fund shall be made in accordance with appropriation acts for
24	24	the financing of conservation programs. It is the intent of the legislature
25	25	that the fund shall remain intact and inviolate for the purposes set forth in
26	26	this section and moneys in the fund shall not be subject to the provisions
27	27	of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
28	28	Moneys credited to the state conservation fund shall be used to supplement
29	29	existing appropriations and shall not be used to supplant state general fund
30	30	or special revenue fund appropriations to the Kansas department of
31	31	agriculture or the Kansas department of wildlife and parks.
32	32	(b) (1) On July 1, 2024, and each July 1 thereafter, the secretary of
33	33	revenue shall certify to the director of accounts and reports the amount of
34	34	total retail sales and compensating use taxes credited to the state general
35	35	fund pursuant to articles 36 and 37 of chapter 79 of the Kansas Statutes
36	36	Annotated, and amendments thereto, during the preceding calendar year
37	37	from sporting goods. Upon receipt of such certification, or as soon
38	38	thereafter as moneys are available, the director of accounts and reports
39	39	shall transfer an amount equal to 50% of such certified amount from the
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75	75	state general fund to the state conservation fund. The secretary of revenue
76	76	shall transmit a copy of each such certification to the director of the budget
77	77	and the director of legislative research.
78	78	(2) As used in this section, "sporting goods" means sales from
79	79	sporting goods stores under the North American industry classification
80	80	system code 451110.
81	81	(c) On July 15, 2024, and each July 15 thereafter, the director of
82	82	accounts and reports shall transfer an amount equal to 50% of the balance
83	83	in the state conservation fund to the working lands conservation fund
84	84	established in section 2, and amendments thereto.
85	85	(d) On July 15, 2024, and each July 15 thereafter, the director of
86	86	accounts and reports shall transfer an amount equal to 25% of the balance
87	87	in the state conservation fund to the wildlife conservation fund established
88	88	in section 3, and amendments thereto.
89	89	(e) On July 15, 2024, and each July 15 thereafter, after making the
90	90	transfers prescribed by subsections (c) and (d), the director of accounts and
91	91	reports shall transfer the remaining balance in the state conservation fund
92	92	to the Kansas outdoors fund established in section 4, and amendments
93	93	thereto.
94	94	New Sec. 2. (a) There is hereby established in the state treasury the
95	95	working lands conservation fund. The working lands conservation fund
96	96	shall be administered by the director of the division of conservation
97	97	established within the Kansas department of agriculture by K.S.A. 74-
98	98	5,126, and amendments thereto. All expenditures from such fund shall be
99	99	made in accordance with appropriation acts upon warrants of the director
100	100	of accounts and reports issued pursuant to vouchers approved by the
101	101	director or the director's designee.
102	102	(b) (1) The division shall adopt rules and regulations to administer a
103	103	grant program expending moneys from the working lands conservation
104	104	fund.
105	105	(2) The division shall solicit input and facilitate public comment from
106	106	industry members and stakeholders in developing such rules and
107	107	regulations.
108	108	(c) The secretary shall establish an external review panel and appoint
109	109	the members of such external review panel.
110	110	(d) The external review panel shall meet at least twice a year to
111	111	provide funding recommendations to the division. The division shall
112	112	annually submit the budget for the administration of such grant program to
113	113	the external review panel for review and approval.
114	114	(e) Public entities, including, but not limited to, state agencies,
115	115	municipalities, counties, state or federally recognized tribal nations,
116	116	conservation districts, special park and recreation districts, recreation
117	117	commissions and nonprofit entities shall be eligible to receive funding
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161	161	from the grant program.
162	162	(f) Eligible grant applications shall benefit the natural resources of the
163	163	state by promoting conservation on working lands through practices
164	164	including, but not limited to:
165	165	(1) Irrigation efficiency;
166	166	(2) grazing land rest, rotation and management;
167	167	(3) long-term land protection from conversion or loss of habitat;
168	168	(4) soil health practices;
169	169	(5) practices that promote or regenerate soil ecosystems, biodiversity
170	170	and native grasslands;
171	171	(6) management of woody encroachment;
172	172	(7) sustainable and regenerative timber management;
173	173	(8) ecological restoration of lands;
174	174	(9) enhanced water quality or quantity;
175	175	(10) relevant adult educational programs, including, but not limited
176	176	to, expanded agricultural tourism and ecotourism supporting knowledge of
177	177	food systems, sustainable practices and ecological relationships of working
178	178	lands; and
179	179	(11) relevant educational programs for youth, including, but not
180	180	limited to, education about soils and soil health, sustainable land practices,
181	181	ecosystems and ecosystem health.
182	182	(g) Applications providing an opportunity to capture federal, private
183	183	or other nonstate matching moneys through a state or local match shall be
184	184	prioritized. Matching moneys shall include cash contributions, noncash
185	185	contributions including land value donations and in-kind contributions.
186	186	(h) Fee simple land acquisitions by a state agency shall be subject to
187	187	the requirements in K.S.A. 32-833, and amendments thereto, at the time
188	188	of acquisition, not the grant application.
189	189	(i) It is the intent of the legislature that all moneys allocated to the
190	190	working lands conservation fund shall be:
191	191	(1) Fully obligated to approved projects within 12 months of
192	192	allocation to the fund; and (2) in addition to, and not supplant,
193	193	existing appropriations.
194	194	(j) On or before December 1 of each year, the division shall submit a
195	195	report to the governor and the legislature. Such report shall include:
196	196	(1) An accounting of all moneys expended from the working lands
197	197	conservation fund in the immediately preceding fiscal year and the current
198	198	fiscal year to date; and
199	199	(2) a brief description of all funding applications received with an
200	200	explanation of why such applications were or were not funded.
201	201	(k) The division may use a portion of moneys allocated to the
202	202	working lands conservation fund to pay for relevant and necessary
203	203	expenses of administering the grant program.
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247	247	(l) For purposes of this section:
248	248	(1) "Director" means the executive director of the division.
249	249	(2) "Division" means the division of conservation established within
250	250	the Kansas department of agriculture by K.S.A. 74-5,126, and
251	251	amendments thereto.
252	252	(3) "Secretary" means the secretary of agriculture.
253	253	(4) "Working lands" means lands used for farming, grazing or
254	254	production of forest products.
255	255	New Sec. 3. (a) There is hereby established in the state treasury the
256	256	wildlife conservation fund. The wildlife conservation fund shall be
257	257	administered by the secretary of wildlife and parks. All expenditures from
258	258	such fund shall be made in accordance with appropriation acts upon
259	259	warrants of the director of accounts and reports issued pursuant to
260	260	vouchers approved by the secretary of wildlife and parks or the secretary's
261	261	designee.
262	262	(b) (1) The secretary of wildlife and parks shall adopt rules and
263	263	regulations to administer a grant program expending moneys from the
264	264	wildlife conservation fund.
265	265	(2) The Kansas department of wildlife and parks shall solicit input
266	266	and facilitate public comment from industry members and stakeholders in
267	267	developing such rules and regulations.
268	268	(c) The Kansas department of wildlife and parks shall establish a
269	269	volunteer advisory board to oversee the grant program comprised of
270	270	members representing industry and stakeholders.
271	271	(d) The advisory board shall submit funding recommendations to the
272	272	Kansas department of wildlife and parks for final approval or revision. In
273	273	the case of revision, the Kansas department of wildlife and parks shall
274	274	provide explanatory guidance to the advisory board. No application shall
275	275	receive funding without the recommendation of the advisory board and
276	276	approval from the Kansas department of wildlife and parks.
277	277	(e) Public entities, including, but not limited to, state agencies,
278	278	municipalities, counties, state or federally recognized tribal nations,
279	279	conservation districts, special park and recreation districts, recreation
280	280	commissions and nonprofit entities shall be eligible to receive funding
281	281	from the grant program.
282	282	(f) Eligible grant applications shall benefit the natural resources of the
283	283	state by promoting biodiversity or through practices established in the state
284	284	wildlife action plan, including, but not limited to:
285	285	(1) Establishing quality habitat;
286	286	(2) increasing access to diverse high-quality privately owned native
287	287	grassland habitat for hunting through the expansion of walk-in hunting
288	288	access;
289	289	(3) increasing access to diverse high-quality native grassland habitat
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333	333	through the expansion and creation of wildlife management areas;
334	334	(4) establishing diverse high-quality native grasslands for the benefit
335	335	of upland birds in a manner that prioritizes science-based habitat
336	336	investments to create the most significant outcomes for these species;
337	337	(5) engaging in long-term land protection from conversion or loss of
338	338	habitat;
339	339	(6) restoring habitat for threatened or endangered species or those
340	340	species in need of conservation;
341	341	(7) conserving or restoring native landscapes, such as forests,
342	342	grasslands or state wetlands and streams;
343	343	(8) improving fisheries, angler access and invasive species
344	344	management; and
345	345	(9) providing relevant educational programs for adults and youth that
346	346	address any of the topics listed in paragraphs (1) through (8).
347	347	(g) Applications providing an opportunity to capture federal, private
348	348	or other nonstate matching moneys through a state or local match shall be
349	349	prioritized. Matching moneys shall include cash contributions, noncash
350	350	contributions including land value donations and in-kind contributions.
351	351	(h) Fee simple land acquisitions by a state agency shall be subject to
352	352	the requirements in K.S.A. 32-833, and amendments thereto, at the time
353	353	of acquisition, not the grant application.
354	354	(i) It is the intent of the legislature that all moneys allocated to the
355	355	wildlife conservation fund shall be:
356	356	(1) Fully obligated to approved projects within 12 months of
357	357	allocation to the fund; and
358	358	(2) in addition to, and not supplant, existing appropriations.
359	359	(j) On or before December 1 of each year, the Kansas department of
360	360	wildlife and parks shall submit a report to the governor and the legislature.
361	361	Such report shall include:
362	362	(1) An accounting of all moneys expended from the wildlife
363	363	conservation fund in the immediately preceding fiscal year and the current
364	364	fiscal year to date; and
365	365	(2) a brief description of all funding applications received with an
366	366	explanation of why such applications were or were not funded.
367	367	(k) The Kansas department of wildlife and parks may use a portion of
368	368	moneys allocated to the wildlife conservation fund to pay for relevant and
369	369	necessary expenses of administering the grant program.
370	370	(l) No moneys from the wildlife conservation fund shall be used for
371	371	fulfillment of mitigation, restitution, litigation, bonds, permits or court-
372	372	ordered settlements.
373	373	New Sec. 4. (a) There is hereby established in the state treasury the
374	374	Kansas outdoors fund. The Kansas outdoors fund shall be administered by
375	375	the secretary of wildlife and parks as part of the parks division of the
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419	419	Kansas department of wildlife and parks. All expenditures from such fund
420	420	shall be made in accordance with appropriation acts upon warrants of the
421	421	director of accounts and reports issued pursuant to vouchers approved by
422	422	the secretary of wildlife and parks or the secretary's designee.
423	423	(b) (1) The secretary of wildlife and parks, in consultation with the
424	424	division, shall adopt rules and regulations to administer a grant program
425	425	expending moneys from the Kansas outdoors fund.
426	426	(2) The division shall solicit input and facilitate public comment from
427	427	industry members and stakeholders in developing such rules and
428	428	regulations.
429	429	(c) The division shall establish a volunteer advisory board to oversee
430	430	the grant program comprised of members representing industry and
431	431	stakeholders.
432	432	(d) The advisory board shall submit funding recommendations to the
433	433	division for final approval or revision. In the case of revision, the division
434	434	shall provide explanatory guidance to the advisory board. No application
435	435	shall receive funding without the recommendation of the advisory board
436	436	and approval from the division.
437	437	(e) Public entities, including, but not limited to, state agencies,
438	438	municipalities, counties, state or federally recognized tribal nations,
439	439	conservation districts, special park and recreation districts, recreation
440	440	commissions and nonprofit entities shall be eligible to receive funding
441	441	from the grant program.
442	442	(f) Eligible grant applications shall benefit the natural resources of the
443	443	state by promoting outdoor access, environmental education and recreation
444	444	through practices established in the state comprehensive outdoor
445	445	recreation plan, including, but not limited to:
446	446	(1) Increasing access to and numbers of natural areas for nature
447	447	appreciation, camping, hiking, trail use, boating, kayaking, canoeing and
448	448	other outdoor recreational pursuits;
449	449	(2) engaging in long-term land protection from conversion or loss of
450	450	habitat;
451	451	(3) improving local, county and state recreation facilities and parks;
452	452	(4) enhancing outdoor tourism opportunities; and
453	453	(5) providing relevant educational programs.
454	454	(g) Applications providing an opportunity to capture federal, private
455	455	or other nonstate matching moneys through a state or local match shall be
456	456	prioritized. Matching moneys shall include cash contributions, noncash
457	457	contributions including land value donations and in-kind contributions.
458	458	(h) Fee simple land acquisitions by a state agency shall be subject to
459	459	the requirements in K.S.A. 32-833, and amendments thereto, at the time
460	460	of acquisition, not the grant application.
461	461	(i) It is the intent of the legislature that all moneys allocated to the
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505	505	Kansas outdoors fund shall be:
506	506	(1) Fully obligated to approved projects within 12 months of
507	507	allocation to the fund; and
508	508	(2) in addition to, and not supplant, existing appropriations.
509	509	(j) On or before December 1 of each year, the division shall submit a
510	510	report to the governor and the legislature. Such report shall include:
511	511	(1) An accounting of all moneys expended from the Kansas outdoors
512	512	fund in the immediately preceding fiscal year and the current fiscal year to
513	513	date; and
514	514	(2) a brief description of all funding applications received with an
515	515	explanation of why such applications were or were not funded.
516	516	(k) The division may use a portion of moneys allocated to the Kansas
517	517	outdoors fund to pay for relevant and necessary expenses of administering
518	518	the grant program.
519	519	(l) The division shall annually submit the budget for the
520	520	administration of such grant program to the advisory board for review and
521	521	approval.
522	522	(m) For purposes of this section, "division" means the parks division
523	523	established within the Kansas department of wildlife and parks.
524	524	Sec. 5. K.S.A. 2023 Supp. 74-8711 is hereby amended to read as
525	525	follows: 74-8711. (a) There is hereby established in the state treasury the
526	526	lottery operating fund.
527	527	(b) Except as provided by K.S.A. 74-8724 and the Kansas expanded
528	528	lottery act, and amendments thereto, the executive director shall remit all
529	529	moneys collected from the sale of lottery tickets and shares and any other
530	530	moneys received by or on behalf of the Kansas lottery to the state treasurer
531	531	in accordance with the provisions of K.S.A. 75-4215, and amendments
532	532	thereto. Upon receipt of each such remittance, the state treasurer shall
533	533	deposit the entire amount in the state treasury to the credit of the lottery
534	534	operating fund. Moneys credited to the fund shall be expended or
535	535	transferred only as provided by this act. Expenditures from such fund shall
536	536	be made in accordance with appropriations acts upon warrants of the
537	537	director of accounts and reports issued pursuant to vouchers approved by
538	538	the executive director or by a person designated by the executive director.
539	539	(c) Moneys in the lottery operating fund shall be used for:
540	540	(1) The payment of expenses of the lottery, which shall include all
541	541	costs incurred in the operation and administration of the Kansas lottery; all
542	542	costs resulting from contracts entered into for the purchase or lease of
543	543	goods and services needed for operation of the lottery, including but not
544	544	limited to supplies, materials, tickets, independent studies and surveys,
545	545	data transmission, advertising, printing, promotion, incentives, public
546	546	relations, communications and distribution of tickets and shares; and
547	547	reimbursement of costs of facilities and services provided by other state
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591	591	agencies;
592	592	(2) the payment of compensation to lottery retailers;
593	593	(3) transfers of moneys to the lottery prize payment fund pursuant to
594	594	K.S.A. 74-8712, and amendments thereto;
595	595	(4) transfers to the state general fund pursuant to K.S.A. 74-8713, and
596	596	amendments thereto;
597	597	(5) transfers to the community crisis stabilization centers fund and
598	598	clubhouse model program fund of the Kansas department for aging and
599	599	disability services pursuant to subsection (e);
600	600	(6) transfers to the state gaming revenues fund pursuant to subsection
601	601	(d) and as otherwise provided by law;
602	602	(7) transfers to the white collar crime fund of the governor pursuant
603	603	to subsection (f);
604	604	(8) transfers to the problem gambling and addictions grant fund of the
605	605	department for aging and disability services pursuant to subsection (g);
606	606	(9) transfers to the attracting professional sports to Kansas fund of the
607	607	department of commerce state conservation fund pursuant to subsection
608	608	(h) and (i); and
609	609	(10) transfers to the county reappraisal fund as prescribed by law.
610	610	(d) The director of accounts and reports shall transfer moneys in the
611	611	lottery operating fund to the state gaming revenues fund created by K.S.A.
612	612	79-4801, and amendments thereto, on or before the 15
613	613	th
614	614	day of each month
615	615	in an amount certified monthly by the executive director and determined as
616	616	follows, whichever is greater:
617	617	(1) An amount equal to the moneys in the lottery operating fund in
618	618	excess of those needed for the purposes described in subsections (c)(1)
619	619	through (c)(6) subsection (c); or
620	620	(2) except for pull-tab lottery tickets and shares, an amount equal to
621	621	not less than 30% of total monthly revenues from the sales of lottery
622	622	tickets and shares less estimated returned tickets. In the case of pull-tab
623	623	lottery tickets and shares, an amount equal to not less than 20% of the total
624	624	monthly revenues from the sales of pull-tab lottery tickets and shares less
625	625	estimated returned tickets.
626	626	(e) (1) Subject to the limitations set forth in paragraph (2),
627	627	commencing in fiscal year 2020, on or before the 10
628	628	th
629	629	day of each month,
630	630	the director of the lottery shall certify to the director of accounts and
631	631	reports all net profits from the sale of lottery tickets and shares via lottery
632	632	ticket vending machines. Of such certified amount, the director of
633	633	accounts and reports shall transfer 75% from the lottery operating fund to
634	634	the community crisis stabilization centers fund of the Kansas department
635	635	for aging and disability services and 25% from the lottery operating fund
636	636	to the clubhouse model program fund of the Kansas department for aging
637	637	and disability services.
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680	680	43 HB 2541 9
681	681	(2) Moneys transferred pursuant to paragraph (1) shall not exceed in
682	682	the aggregate $9,000,000 in fiscal years 2023 and 2024, and shall not
683	683	exceed in the aggregate $8,000,000 in fiscal year 2025 and each fiscal year
684	684	thereafter.
685	685	(f) On July 1, 2023, and each July 1 thereafter, or as soon thereafter
686	686	as moneys are available, the first $750,000 credited to the lottery operating
687	687	fund from sports wagering revenues deposited in the lottery operating fund
688	688	shall be transferred by the director of accounts and reports from the lottery
689	689	operating fund to the white collar crime fund established in K.S.A. 2023
690	690	Supp. 74-8792, and amendments thereto.
691	691	(g) On July 1, 2023, and each July 1 thereafter, or as soon thereafter
692	692	as moneys are available, after the transfer required under subsection (f) has
693	693	been made, 2% of the remaining moneys credited to the lottery operating
694	694	fund from sports wagering revenues deposited in the lottery operating fund
695	695	shall be transferred by the director of accounts and reports from the lottery
696	696	operating fund to the problem gambling and addictions grant fund
697	697	established in K.S.A. 79-4805, and amendments thereto.
698	698	(h) On July 1, 2023 2024, and each July 1 thereafter, or as soon
699	699	thereafter as moneys are available, after the transfer required under
700	700	subsection (f) has been made, 80% of the remaining moneys credited to
701	701	the lottery operating fund from sports wagering revenues deposited in the
702	702	lottery operating fund shall be transferred by the director of accounts and
703	703	reports from the lottery operating fund to the attracting professional sports
704	704	to Kansas state conservation fund established in K.S.A. 2023 Supp. 74-
705	705	8793 section 1, and amendments thereto.
706	706	(i) On July 1, 2024, and each July 1 thereafter, or as soon thereafter
707	707	as moneys are available, in addition to the transfer required under
708	708	subsection (h), the director of accounts and reports shall transfer
709	709	$32,000,000 from the lottery operating fund to the state conservation fund
710	710	established in section 1, and amendments thereto.
711	711	Sec. 6. K.S.A. 2023 Supp. 74-8711 is hereby repealed.
712	712	Sec. 7. This act shall take effect and be in force from and after its
713	713	publication in the statute book.
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