Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2788 Introduced / Fiscal Note

                    Division of the Budget 
Landon State Office Building 	Phone: (785) 296-2436 
900 SW Jackson Street, Room 504 	adam.c.proffitt@ks.gov 
Topeka, KS  66612 	http://budget.kansas.gov 
 
Adam C. Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
March 19, 2024 
 
 
 
 
The Honorable Sean Tarwater, Chairperson 
House Committee on Commerce, Labor and Economic Development 
300 SW 10th Avenue, Room 346-S 
Topeka, Kansas  66612 
 
Dear Representative Tarwater: 
 
 SUBJECT: Fiscal Note for HB 2788 by House Committee on Commerce, Labor and 
Economic Development 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning HB 2788 is 
respectfully submitted to your committee. 
 
 HB 2788 would require the Secretary of Commerce to provide the Legislature with a 
summary report as a readily accessible reference for reviewing the state’s investment in economic 
development incentive programs.  The report would summarize information currently provided in 
various statutorily required reports as well as information on the total number of businesses and 
individuals who have participated in economic development incentive programs, the total amount 
of benefits provided for each economic development incentive program, the maximum amount of 
remaining development incentive program obligations to benefit recipients, and a summary of a 
return-on-investment analysis of each development incentive program. The report would be due 
to the Legislature the second week of each regular legislative session beginning with the 2025 
regular legislative session.   
 
 Under current law, the Department of Commerce is required to maintain an economic 
development incentive program database to collect and store incentive data from state agencies 
charged with administering economic development incentive programs that provide more than 
$50,000 of annual incentives. The bill would require the database to be configured to provide 
comprehensive reports of the incentive data. The information would be required to be posted on 
the Department’s Economic Development Incentive Program database for those programs that are 
active on January 1, 2026.   
 
 The bill would require cities and counties to report local economic development incentive 
program information to the Department of Commerce.  Providing the information would be a  The Honorable Sean Tarwater, Chairperson 
Page 2—HB 2788 
 
 
condition of commencing an economic development incentive program by a city or county on and 
after January 1, 2026.  The information would be due to the Department within 30 days of the 
commencement of the program.  The cities and counties would be required to provide annual 
updates on the programs.  The Department would use this information to prepare the summary 
report for the Legislature.  The bill would also expand the definition of an economic development 
incentive program to include community improvement districts, tax increment financing, business 
improvement districts, self-supported municipal improvement districts, Neighborhood 
Revitalization Act, Downtown Redevelopment Act, transportation development districts, public 
improvement districts, state tax and revenue bonds, industrial development bonds, Qualified 
Manufacturer Act, and federal enclave redevelopment districts.     
 
 Currently, the Kansas Taxpayer Transparency Act requires the Department of 
Administration to operate a single, searchable website accessible to the public that includes the 
state’s annual expenditures, annual revenues, and annual bond indebtedness. The bill would 
require the Department to update its website to include grants awarded by state agencies that use 
state or federal funds and a list of applicants that applied for the grants, along with the applicant’s 
name, county where the proposed project would be located, description of the proposed project, 
dollar amount requested, and the date the agency received the application. The information would 
be required to be posted within 30 days of awarding a grant.   
 
 The Department of Commerce indicates it would need to hire 2.00 Program Specialist FTE 
positions at a cost of $189,000 from the State General Fund in FY 2025.  The positions would 
create the new report and add the new reporting to the Department’s database.  The agency would 
work with more than 600 communities in Kansas to gather necessary information under HB 2788.  
The agency would also need to update its database to include the new reporting at an estimated 
cost of $106,080 (480 hours X $221/hour) from the State General Fund in FY 2025.  
 
 Under HB 2788, the Department of Administration and other state agencies that award 
grants would incur costs for accumulating, providing, and publishing the grant award data as well 
as implementation and maintenance costs that would need to come from each individual agency. 
Currently, the Department updates its website, KanView, once each year following the close of 
the fiscal year.  The additional information the bill requires to be posted within 30 days would 
require affected agencies and the Department to implement monthly on-going maintenance efforts 
both to ensure application and award information is posted timely. The Department would expend 
$15,000 from the State General Fund to develop a KanView portal in FY 2025 for agencies to 
upload the required data. The Department would hire an additional .95 FTE position to fulfill the 
requirement to report grant award information on KanView at an annual cost of $72,930 from the 
State General Fund starting in FY 2025.  
 
 In FY 2023, there were 54 state agencies that awarded grants. The Department of 
Administration reports that none of the grant data required under the bill is available within the 
state’s central accounting or payroll systems.  The information resides with the individual agencies, 
and agencies generally use their own grant program administration systems and processes. The 
State of Kansas recently implemented an eCivis software program which provides grant-tracking 
capabilities; however, it is anticipated that some state agencies with existing systems would retain 
those systems.  The eCivis software contract is currently being paid by the Office of Recovery  The Honorable Sean Tarwater, Chairperson 
Page 3—HB 2788 
 
 
with federal funds at a cost of $262,680.  However, the agencies that would use the system would 
assist in paying that cost at some point in the future.  Those agencies that retain their current 
systems would incur a one-time interface development cost of $36,120 that would be paid to the 
Department in FY 2025. Those agencies would also incur ongoing maintenance costs of an 
unknown amount.  The Department estimates that there would be 300 users from various agencies 
that would utilize the eCivis software.  Each agency would pay an annual user license fee of $375 
per user, which would total $112,500 (300 users X $375) in FY 2025.  The total cost for FY 2025 
would be $236,550 from various funding sources and FY 2026 would cost $185,430 from various 
funding sources.  The total costs for FY 2025 and FY 2026, does not include the $262,680 for the 
eCivis software contract because it is already being paid for by the Office of Recovery, as noted 
above. Any fiscal effect associated with HB 2788 is not reflected in The FY 2025 Governor’s 
Budget Report.  
 
 The Kansas Association of Counties and the League of Kansas Municipalities indicate the 
counties and cities could require additional staff to report data required by HB 2788; however, the 
Association and the League are unable to estimate the costs for additional staff. 
 
 
 
 
 	Sincerely, 
 
 
 
 	Adam C. Proffitt 
 	Director of the Budget 
 
 
 
 
cc: Wendi Stark, League of Kansas Municipalities 
 Jay Hall, Kansas Association of Counties 
 Sherry Rentfro, Department of Commerce 
 Lynn Robinson, Department of Revenue 
 Tamara Emery, Department of Administration 
 Brian Reiter, Office of Information Technology Services