Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor

March 25, 2019


The Honorable John Barker, Chairperson
House Committee on Federal and State Affairs
Statehouse, Room 285-N
Topeka, Kansas 66612
Dear Representative Barker:
SUBJECT: Fiscal Note for HB 2309 by Representative Helgerson
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2309 is
respectfully submitted to your committee.
HB 2309 would create the Kansas Arts Commission (KAC), which would be composed of
nine members. The members of the KAC would include: two members appointed by the President
of the Senate; one member appointed by the Minority Leader of the Senate; two members
appointed by the Speaker of the House of Representatives; one member appointed by the Minority
Leader of the House of Representatives; and three members appointed by the Governor. Members
would be appointed for a term of three-years and may be reappointed for a term of three-years.
Members of the KAC attending Commission meetings or a subcommittee meeting may be paid
compensation, subsistence allowances, and mileage. Also, the bill would specify what certain
powers, duties, and functions of the Kansas Creative Arts Industries Commission (KCAIC) would
be transferred to the KAC and specifies what functions would remain with the KCAIC.
The bill would designate the KAC the official state agency for the development and
coordination of the arts within Kansas. The KAC would be required to fulfill all grant
requirements of the federal National Endowment for the Arts (NEA) and would take all steps
necessary to obtain and maintain full status with the NEA conferring full eligibility for the NEA
grant programs.
The bill would allow the KAC to accept funds, artifacts, or property from any person,
corporation, association, or the federal government for any purpose relating to the promotion or
expansion of arts. Property received may be sold, transferred, traded, loaned, or disposed of in a
manner that is consistent with any lawful conditions under which the property was received.
Monies received by the KAC would be credited to the Kansas Arts Commission Gifts, Grants and
Bequests Fund, which the bill establishes.
Under HB 2309, the KAC could accept and receive funds, including funds from the sale of
property, real or personal, the acceptance of which would be subject to use for a purpose specified
by the donor of the funds. The KAC would remit all monies received to the Kansas Arts
Commission Special Gifts Fund, which HB 2309 establishes.
The Honorable John Barker, Chairperson
Page 2—HB 2309

The bill would allow the KAC to appoint an Executive Director who would be in the
unclassified service under the Kansas Civil Service Act. The Executive Director would receive an
annual salary fixed by the KAC and approved by the Governor. Further, the Executive Director
could appoint necessary employees who would be in the unclassified or classified service under
the Kansas Civil Service Act as designated by the Executive Director.
HB 2309 would create the Kansas Arts Commission Fund which could only be used to
operate the KAC. The Attorney General would be required to provide legal services as may be
necessary at the request of the KAC, except the KAC could seek other counsel at the Commission’s
discretion.
Under current law, an owner or lessee of a vehicle or truck, who is a resident of Kansas,
may be issued one “Support Kansas Arts” license plate. The KCAIC may authorize the use of the
Commission’s logo on the license plate and the KCAIC receives a royalty payment in the amount
of not less than $25, but not more than $100. Any royalty payment is credited to the Kansas
Creative Arts Industries Commission Special Gifts Fund. HB 2309 would transfer the license plate
to the KAC and royalty payments would be credited to the Kansas Arts Commission Special Gifts
Fund.
HB 2309 would change the income tax check off option to the KAC. Under the bill, the
Director of Taxation of the Department of Revenue would determine annually the total amount
designated for contribution to the Kansas Arts Commission Checkoff Fund and would report the
amount to the State Treasurer. The entire amount would be credited to the Kansas Arts
Commission Checkoff Fund, which the bill establishes. All monies would be used to fund the
KAC.
In the Governor’s budget, there is $189,963 from the Economic Development Initiatives
Fund to fund the KCAIC in FY 2020 within the Department of Commerce budget. The
Department states there would be no fiscal effect to the KCAIC, if funding is not reduced.
According to the Department of Revenue, enactment of HB 2309 would have no fiscal
effect for the license plate because there is already a “Support Kansas Arts” license plate currently
in production. The agency estimates one-time implementation costs of $1,400 from the State
General Fund in FY 2020 for administrative changes and testing. Any fiscal effect associated with
HB 2309 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Division of the Budget

cc: Sherry Rentfro, Commerce


Statutes affected:
As introduced: 8-1, 74-5207, 74-5208, 74-5209, 74-7901, 75-2269, 75-5072, 79-3221m