30 Jan 2026 Kansas Capitol Review – Week Three
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The third week of the Kansas legislative session maintained momentum with committees and floor debate picking up, and several hot-button social policy issues drawing lengthy hearings.
Alongside those debates, a few items of direct interest to the agriculture community moved forward. The House passed bills concerning theft of grain, livestock, and agricultural equipment, and a bill clarifying that federal pesticide warning or labeling requirements satisfy any state pesticide warning or labeling requirements. Both measures now head to the Senate for consideration.
Lawmakers continued their discussions on other bills touching on taxation, land use, regulatory reform, employer obligations, and economic development programs, all of which will be monitored closely as the session quickly progresses.
Pesticide Product Labeling Protections
Kansas Agribusiness Retailers Association requested the introduction of HB 2476, a bill that would amend Kansas law to clarify that label language on any US EPA-registered pesticide products satisfies any state statutory or common law duty to warn of potential hazards. After passing from the House Ag Committee, the full House passed the bill out 81-36, with at least five conservative lawmakers absent for the vote.
Seed Retailer/Wholesaler Registration Fees
KDA has requested the introduction of SB 425 to increase maximum annual registration fees for seed wholesalers and retailers. The maximum seed wholesaler fee would be increased from $300 to $400, and the maximum seed retailer fee would be increased from $30 to $50. The bill would also institute a $25 fee for failing to timely renew your license. The fees had not been increased for many years. The proposed fees would cover the cost of the seed program. The bill was referred to the Senate Committee on Agriculture.
Judicial Deference to Regulatory Agencies
Conference Committee Report on HB 2183 was passed this week by the legislature. The bill prohibits a state court or an administrative hearing officer from deferring to a regulatory agency’s interpretation of certain statutes, rules or regulations. While the court or officer could consider the agency’s interpretation, they would be required to interpret the meaning and effect of such statute, rules and regulation, or document, de novo using their own reasoning independent of the agency’s interpretation. The Senate passed the bill with 30 yes votes, and the House passed it with 83 yes votes. The bill now goes to Governor Laura Kelly for consideration. In order to override any potential veto by the Governor, a bill needs to receive 27 votes in the Senate and 84 votes in the House.
Tort Reform – Prohibiting Practice of Jury Anchoring
SB 413 was introduced to prohibit the practice, known as “jury anchoring,” where legal counsel suggest a large damage amount for noneconomic loss in civil action for the purpose of increasing the negotiated damage award. The bill is schedule for hearing in the Senate Judiciary Committee on Thursday, February 5.
Tort Reform – Adopting Certain Federal Expert Witness Rules of Evidence
SB 398 was introduced to require a proponent to demonstrate that it is more likely than not that certain specialized knowledge will help the trier of fact to understand evidence before certain qualified witnesses may testify. The bill is schedule for hearing in the Senate Judiciary Committee on Thursday, February 5.
Triple-Trailers on Highways
SB 411 would authorize the use of triple trailers on highways, increasing the allowable gross weight for such vehicle combinations and allowing the use of trailers with dealer license plates.
English Proficiency for Commercial Drivers
HB 2583 would require commercial motor vehicle drivers to possess certain identification documents and proficiency of the English language while operating a commercial motor vehicle and establishing fines and penalties for violations thereto. Another bill, HB 2448, would require a person’ citizenship status to be listed on their driver’s license.
Rural Opportunity Zone Income Tax Credit
A Legislative Audit of the state’s Rural Opportunity Zone economic development program demonstrated that while the program had been used successfully in parts of the state, the program’s benefits were limited. For this reason, there will likely be legislation introduced to either repeal or amend the program.
Rural Business Growth Act
HB 2541 would create the Kansas Rural Business Growth Program Act to provide a tax credit to incentivize capital investment in rural areas and a program administered by the Secretary of Commerce. A hearing on the bill is scheduled in the House Tax Committee on February 9.
Food Additives in School Food
SB 390 would prohibit the following additives in food provided by schools as part of certain food service programs and requiring schools to certify that school facilities do not serve food that contains such food additives: Brominated vegetable oil, BVO; Butylated hydroxyanisole (BHA); potassium bromate; Propylparaben; Azodicarbonamide; titanium dioxide; FD&C blue No. 1; FD&C blue no. 2; FD&C green no. 3; FD&C red no. 3, FD&C red no. 40; FD&C yellow no. 5; or FD&C yellow no. 6. This week, Rep. Schwertzfeger has indicated that he will not pursue a hearing on the bill. The bill is scheduled for a hearing in the Senate Agriculture Committee on Thursday, February 5.
Food Ingredient Restrictions
HB 2425, introduced by Rep. Kevin Schwertzfeger, would amend the Kansas Food, Drug, and Cosmetic Act (KSA 65-657, et seq) to cause foods containing specific color dyes and additives to be deemed adulterated. The bill increases the maximum civil penalties under the act to $500,000 per violation for the adulteration of a drug or device with any “poisonous or deleterious substance”. The bill also would make adulteration of a drug with a synthetic color additive subject to sentencing as a drug severity level 5 felony. Specifically, House Bill 2425 (page 5, line 6) states that A food shall be deemed to be adulterated if: such food is, bears, or contains: Butylated hydroxyanisole (BHA); Propylparaben; FD&C blue No. 1; FD&C blue no. 2; FD&C green no. 3; FD&C red no. 3, FD&C red no. 40; FD&C yellow no. 5; or FD&C yellow no. 6. Rep. Schwertzfeger has indicated that he will not pursue a hearing on the bill.
House Water Committee Activity This Week
Tuesday, Jan. 27: Committee received an Informational briefing on the Water Task Force Update from Kenny Titus.
Thursday, Jan. 29: Committee hearing on HB 2477, requiring the Kansas department of agriculture to publish a map on the department’s official website that shows the location of all applied for diversions. The Committee also took final action on HB 2424 and HB 2462.
Next Week House Water Committee Agenda
Here is the agenda for the House Water Committee next week:
Tuesday, Jan. 27: Annual District Reports from GMD1, GMD3, and GM4
Thursday, Jan. 29: Annual District Reports from GMD2 and GMD5
Notifications for Water Right Changes
Introduced at the request of KDA, HB 2477 would amend notice requirements for change-of-use water applications for stakeholders within a certain distance from the water right. The House Water Committee held a hearing on the bill on Thursday, Jan. 29. The legislation is intended to clarify that the agency will notify all surrounding landowners. The agency seeks to notify all surrounding landowners to ensure that all potentially affected residents and water right holders are notified. The current process involves identifying all surrounding water right holders, including domestic well users, many of whom are unregistered. A map would be posted of the affected areas on the agency website for applications, rather than posting the entire application. This is intended to protect privacy while still providing the relevant information for potentially affected water rights holders.
State Water Plan
HB 2558, introduced by House Water Committee Chairman Minnix, would increase the amount of moneys transferred from the state general fund to the state water plan fund and from the state water plan fund to the water technical assistance fund and the water project grant fund. No hearing has been scheduled in the House Water Committee.
Water Structures
KDA introduced HB 2114 last year to amend the Stream Obstruction Act in various ways. The bill would have allowed the state to provide inspections on a cost-for-service basis and provide for the certification of non-state entities to perform inspections for the state. The legislation would have created application fees based on hazard class for new construction or modifications. It would also have allowed civil enforcement actions to protect the public. KDA indicates it will introduce a new bill this year.
Pump Installation Contractor License
This week, the House Water Committee amended HB 2424 and passed it out. The bill establishes a new license requirement for any pump installation contractor and require such pump installation contractor to pass qualification examinations. The bill would also create new record-keeping requirements for licensed pump installation contractors and water well contractors. The committee added language limiting the license fee to no more than $100.
Hays and R9 Water
Rep. Barbara Wasinger (R-Hays) introduced HB 2433 to clarify county authority over the transfer or appropriation of water by placing such authority, except for domestic use, with the chief engineer and water transfer hearing panel. In the January 28 hearing in the House Committee on Local Government, the Kansas Rural Water Association joined a number of proponents. There were only two opponents.
Reuse of Treated Water
HB 2462 would require the Secretary of Health and Environment to adopt rules and regulations that allow for the direct and indirect potable reuse of treated wastewater. The House Water Committee passed the bill out of committee favorably.
Property Tax Relief
Property tax relief is a top priority for Republican legislators in the House and Senate. This week, the Senate Tax Committee advanced SCR 1616 favorably from committee. The bill proposes amending the Kansas Constitution to limit annual increases to the assessed value of residential and commercial property (for tax purposes) to no more than 3 percent. The bill, which is on the Senate calendar pending further action, appears to have strong Senate support. As a constitutional question, the bill requires passage by a supermajority of the legislature but does not require the Governor’s signature. If passed by the legislature, the measure would appear as a ballot question on the next statewide ballot and become effective in 2027.
M&E Property Tax Exemption
SB 320 would remove the 2006 cut-off date for the commercial and industrial machinery and equipment property tax exemption. The bill is scheduled for a hearing in the Senate Tax Committee on Wednesday Feb. 4. Last week, the House Tax Committee held a hearing on a similar bill, HB 2406.
Earnings Tax Proposed
HB 2385 would authorize cities and counties to propose an earnings tax for ballot question and to levy such tax if approved by the electors of a city or county, requiring resubmission of the question, if approved, to the electors every 10 years, allowing certain credits and exemptions against the tax, providing for deductions by public and private employers of the tax from employee earnings and providing that revenue from any such tax be pledged for certain purposes. A hearing is scheduled in the House Tax Committee on Thursday, February 5.
Global Intangible Low-Taxed Income (GILTI)
Legislation is likely to be introduced in Kansas this year decouple the state from on specific portions of the federal code regarding GILTI and NCTI following passage of the federal OBBB. GILTI is a US tax provision aimed at ensuring that US taxpayers pay a minimum level of tax on foreign earnings, particularly those derived from intangible assets. KS tax experts are drafting the bill language. NCTI is the new tax on international income, which is the follow-on from its predecessor (GILTI), which Kansas previously decoupled from. NCTI is intended as a minimum tax and uses foreign tax credits to achieve this. NCTI is far more aggressive than GILTI because states don’t offer tax credits for foreign income. Kansas is one of only four states in line to tax NCTI, even if unintentionally. The proposed legislation would avoid state tax on NCTI.
HPIP Reform
Stakeholder groups worked with legislators over the summer break to draft proposed amendments to the state HPIP economic development program. Legislation is still being finalized. A recent Legislative Post Audit report of the program showed that the state Department of Revenue has three data sets tracking the tax credits, but none of them aligned.
Grain Theft
HB 2422 would increase the presumptive criminal penalty for theft of at least 400 bushels of grain to a severity level 6, non-person felony. This is a “border-box” penalty allowing either presumptive probation or imprisonment based on the defendant’s criminal history. After passing the House on a vote of 123-0, the bill now goes to the Senate for consideration.
Theft of Livestock and Implements of Husbandry
Introduced by Rep. Steele, HB 2413 would increase the presumptive criminal penalty for the theft of livestock or implements of husbandry to a severity level 5, non-person felony, which is presumptive imprisonment. The bill defines “livestock” as meaning “cattle and horses”. After passing the House on a vote of 120-3, the bill now goes to the Senate for consideration.
EV Equity Road Repair Tax
HB 2414 was introduced to establish the stablish the EV energy equity road repair tax act and provide for a road repair tax on electricity distributed from a public charging station for electric vehicles. The bill was referred to the House Transportation Committee.
Shortline Income Tax Credit
HB 2469 expands the transferability of the existing income tax credit for qualified shortline railroad track maintenance expenditures. The bill is scheduled for hearing in the House Tax Committee on Wednesday, Feb. 4.
Lower Electric Utility Rates
HB 2483 was introduced at the request of a broad stakeholder coalition that seeks to lower electric utility rates for all rate payers. Referred to as the “TRUE” act, the bill seeks “transparency & Reform of Utility Expenditures.” The bill was referred to the House Committee on Energy, Utilities, and Telecommunications, and Chairman Leo Delperdang is likely to schedule a hearing soon.
Natural Gas Infrastructure
HB 2435 was introduced to enact the natural gas infrastructure availability act to authorize natural gas public utilities to defer to a regulatory asset all depreciation expense and carrying cost for any new plant, facilities, or equipment that such utility has put into service, and authorize recovery of such regulatory asset via an interim rate adjustment mechanism. The House Energy and Utilities Committee held a hearing on the bill on January 22.
Temporary Unemployment
Legislation is being discussed that would allow for up to six months of “temporary unemployment” under the Kansas Unemployment Insurance program.
Paid Sick Leave
An organization “Paid Leave for All Kansans” has requested introduction of HB 2597, a bill that would require paid sick leave for all employees working in Kansas.
Portable Benefit Plans for Independent Contractors
HB 2602 would establish requirements for a portable benefit plan for independent contractors, determining types of contributions to such plans and providing a subtraction modification for Kansas income tax purposes.
Attorney General Litigation Review
HB 2593 was requested by the Kansas Attorney General to require any political subdivision of the state to hold an open meeting to discuss a contingency fee contract for legal services and require the attorney general to approve such contracts.
Additional Bills:
- HB 2439 Kansas geoengineering and weather modification prohibition act
- HB 2448 requiring citizenship status be listed on driver’s license.
- HB 2456 Authorizing cities / counties 0 percent sales tax authority on food and food ingredients
- HB 2457 Restricting homestead property taxes for individuals 65 years of age and older – eliminating prop tax exemption for certain commercial healthcare properties
- HB 2458 Requiring the approval of property tax levies and bond issuances by elected bodies or electors
- HB 2463 creating the rural health transformation fund
- HB 2465 professionals’ freedom of expression act to provide protection for professionals and businesses against adverse action as a result of an expression of beliefs
- HB 2484 repealing the sunset on the Kansas promise scholarship program
- HB 2498 making driving commercial vehicle under the influence a person crime
- HB 2511 use of ag land owned by wildlife and parks
- HB 2516 allowing for the appointment of county appraisers
- HB 2517 Leavenworth County Sales Tax
- HB 2469 Shortline income tax credit, transferability
- HB 2476 Pesticide Label language duty to warn
- HB 2477 KDA bill water right notification
- HB 2483 Calling for lower electric rates; TRUE act
- HB 2484 repealing the sunset on the Kansas promise scholarship program
- HB 2498 making driving commercial vehicle under the influence a person crime
- HB 2511 use of ag land owned by wildlife and parks
- HB 2516 allowing for the appointment of county appraisers
- HB 2517 Leavenworth County Sales Tax
- HB 2541 KS Rural Business Growth Program
- HB 2580 KS International Trade Commission (Ireland,Japan,Taiwan)
- HB 2598 paid family leave act
- HB 2600 Affordable Healthcare for Kansans Program
- SB 303 retailers’ sales tax authority for Labette County fire depts.
- SB 311 eliminating state income tax on qualified overtime compensation
- SB 323 defining earnings to include paid compensation for wage garnishment exemption purposes
- SB 324 Prohibiting mobile telephone use while operating motor vehicle in school or construction zones
- SB 329 Requiring county appraiser to submit a single property appraisal report at the BOTA valuation appeal
- SB 322 Excluding buyer’s premiums from the sale price of property purchased at auction for real estate sales validation questionnaire and property tax valuation purposes
- SB 365 authorizing the election of county appraisers
- SCR 1616 amending section 1 of article 11 of the Kansas Constitution to limit property tax assessed value increases for real property in any subclass and personal property classified as mobile homes. For tax year 2027, the final taxable assessed value of such property shall not increase by more than 3 percent, or a lesser percentage as provided by law, as compared to the tax year 2022 assessed value of such property unless an exception applies since tax year 2022, and in the event such property was not listed for taxation for tax year 2022, the final taxable assessed value of such property shall not increase by 4 more than 3 percent, or a lesser percentage as provided by law, as compared to the tax year 2026 assessed value of such property unless an exception applies.