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HB 2316

Protective orders; dissolution of existing order.

2025 Regular Session Introduced by Will Davis

Redirects civil penalties from correction-order violations to two new KDADS grant funds, supporting adult care homes and disability services providers' health, safety, and welfare.

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Bill Summary · HB 2316

Summary — HB 2316 (Introduced Jan 31, 2025)

Directing civil penalties collected for violations of correction orders issued by the State Fire Marshal into two new reinvestment funds for adult care homes and disability community services providers

Purpose / Intent

HB 2316 redirects certain civil penalties assessed for violations of correction orders (as enforced following State Fire Marshal inspections) away from the State General Fund and into two newly created, dedicated reinvestment funds. The intent is to use those penalty dollars to fund grants that directly benefit the health, safety, and welfare of residents or program participants served by licensed adult care homes and disability community services providers.

Key provisions

  • Creates two state treasury funds:
    • Disability Community Services Providers Civil Monetary Penalty Reinvestment Fund.
    • Adult Care Homes Civil Monetary Penalty Reinvestment Fund.
  • Amends K.S.A. 39-949 and K.S.A. 2024 Supp. 39-2016 to require that civil penalties (from correction-order violations subject to those statutes) be deposited into the applicable reinvestment fund rather than the State General Fund.
  • Directs the Kansas Department for Aging and Disability Services (KDADS) to use money in each fund exclusively for grants to current licensees:
    • Adult care homes (under K.S.A. 39-923 et seq.) — projects that benefit residents’ health, safety and welfare.
    • Disability community services providers (under K.S.A. 39-2001 et seq.) — projects that benefit program participants’ health, safety and welfare.
  • Spending is subject to standard appropriation and voucher/warrant procedures (expenditures only by appropriation; warrants issued by director of accounts and reports upon KDADS-approved vouchers).
  • Retains administrative and appeal procedures for civil penalties (penalties due within 10 days unless extended; appeals to administrative hearings; payment not stayed by appeal).
  • The bill repeals the prior versions of the amended sections and takes effect upon publication in the statute book.

Penalty amounts and enforcement context

  • Correction-order civil penalties (per K.S.A. 39-2016) may be assessed for uncorrected deficiencies; statutory language provides for penalties up to $500 per day per deficiency with aggregate limits stated in the statute (the text as introduced contemplates a maximum assessment up to $5,000 under certain circumstances).
  • When collected, penalties of $5,000 or less (per the fiscal note description) would be deposited into the new funds instead of the State General Fund.

Fiscal and operational impact

  • Fiscal Note (Division of the Budget, Feb 17, 2025): KDADS and the State Fire Marshal report no fiscal effect on agency operations. The measure would shift penalty deposits from the State General Fund to the two new funds; however, the State Fire Marshal reports that assessment/collection of such penalties against adult care or disability providers is rare, so the expected reduction in State General Fund receipts is likely minimal and uncertain.
  • Grants from the new funds would provide a targeted reinvestment mechanism to support facility/provider projects improving health and safety.

Who is affected

  • KDADS (administrator of grant programs and funds).
  • Licensed adult care homes and licensed disability community services providers (eligible to receive grants).
  • State Fire Marshal and inspection/enforcement processes (collection routing changed).
  • State General Fund (possible but likely small reduction in miscellaneous penalty receipts).

Procedural status (selected)

  • Introduced Jan 31, 2025; hearing scheduled Feb 17, 2025 (House Committee on Health and Human Services).
  • Withdrawn from Committee on Federal and State Affairs; rereferred to Committee on Health and Human Services.

This summary focuses on the Kansas-introduced version of HB 2316 (administration by KDADS and amendments to K.S.A. 39-949 and 39-2016). Other text fragments in the document appear to include unrelated bills from other states and are not part of the Kansas measure described above.

Compiled from official sources — confirm details with the bill’s official record.

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