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From the Desk of Jay Scott Emler
Week of March 14, 2011
Senate committees continued their work this week as the Legislature prepares for first adjournment. The full Senate will spend three days on the floor next week considering bills that have been passed out of committees. Key bills that have passed out of Senate committees are described below. Information about each bill that has been passed by the Senate this week, as well as bills considered by Senate committees this week are detailed below that.
Balancing the Budget
A Senate committee finalized its recommendations this week for balancing the 2012 budget, and passed the bill out unanimously. The Senate plan, which cuts $535 million from the budget and leaves the state with a positive ending balance, will go to the full Senate for consideration. Most notably, the Senate budget: makes cuts to fill the $500 million shortfall that existed for 2012; makes cuts to address the Governor’s request for a $35 million ending balance in 2011; minimizes cuts to K-12 education and meets the state’s special education obligations; and provides appropriate resources for services for the poor and elderly. The Governor, in his State of the State address, had asked the Legislature for a $35 million ending balance in 2011. When 2011 budget negotiations failed earlier in the month, the Governor utilized his allotment powers to provide the state with a zero ending balance for 2011. Under state law, governors are not permitted to make allotments beyond a zero ending balance. The Senate committee responded by putting together a fiscally-responsible plan that addresses the state’s financial problems without raising our taxes.
Curtailing Drug Abuse
The Senate passed a bill that will make meth-like bath salts illegal in Kansas. Recently, these addictive drugs, which are labeled as bath salts, have been linked to a number of injuries and at least one death in Kansas. Bath salts contain potent powders that produce a high similar to cocaine or meth that can cause users to experience paranoid delusions. The bath salts, which are also being banned in other states, may be snorted, injected or eaten. This same bill also bans a synthetic marijuana known as K-3. I voted for this bill, which will help curtail drug abuse in our state and further protect young people from these dangerous drugs.
Securing our Elections
The Voter ID bill was approved by a Senate committee this week. This proposal will further secure Kansas elections by requiring Kansas voters to show a photo ID at the polls and implementing a proof of citizenship requirement for first-time voters. The bill will soon go before the full Senate for consideration. With precautions like this in place we can keep Kansas elections safe and secure.
Strengthening our Workforce
A Senate committee approved of a plan to address the state’s engineering workforce shortage. As employers look to expand their operations in Kansas, we must be prepared to meet the growing demand for engineers in our state. Right now, many of these companies are forced to recruit from outside the state because our schools do not have the resources to meet the increasing demand for skilled workers. The Senate’s proposal – which builds on an initial investment recommended by the Governor – will help strengthen our workforce so that growing industries, like aviation, wind energy and biotech, can continue to invest in Kansas and provide more good-paying jobs for working Kansans.
Did You Know?
March is Colon Cancer Awareness Month. Now is a good time to ask your doctor about colorectal cancer screening. Studies show if everyone age 50 or older were screened regularly, as many as 60 percent of deaths from this cancer could be avoided. For more information, visit the Centers for Disease Control and Prevention at www.cdc.gov/Features/ColorectalAwareness.
FLOOR ACTION
SPECIAL ORDERS. On Wednesday, the Senate voted 23-14 to approve of Senate Resolution 1819, which disapproves of Executive Reorganization Order No. 39 abolishing the Kansas Arts Commission.
FINAL ACTION. The Senate was on General Orders two days this week, approving a total of 33 bills. On Tuesday, the following bills were passed by the Senate:
Substitute for Senate Bill 92 clarifies the apprentice/student licensure procedure for cosmetology schools by: clarifying the apprentice definition; clarifying hours that apply to an apprenticeship; and allowing the board the ability to deny licensure if an applicant is unable to demonstrate sufficient rehabilitation to warrant the public’s trust. Passed 34-4.
Substitute for House Bill 2049 seeks to control compounds used in synthetic cannabinoids with a general chemical class approach, rather than listing compounds individually. Last year, the legislature passed a bill adding certain chemical compounds used in synthetic marijuana to the drug schedule. Since last year, a proliferation of new compounds have emerged in the formulation of these drugs. This bill also seeks to control drugs commonly referred to as “bath salts.” These bath salts, which contain cathinones, have an effect similar to cocaine or methamphetamines. Passed 36-1.
Senate Bill 138 allows pharmacies some of the following considerations for an audit to be performed: At least two week’s notice, the audit may only cover two years, and high business times are off-limits for conducting an audit. Passed 34-5.
House Bill 2151 would prohibit the dissemination of any video tape, photograph, film or image of a person that was obtained unlawfully and with the intent to invade a person’s privacy, thus amending the breach of privacy crime. It would also make it a personal felony to install video equipment or disseminate unlawfully obtained images for the purpose of committing a breach of privacy offense. Additionally, blackmail would become a severity level 4 personal felony. Passed 23-14.
House Bill 2038 would clarify Kansas Statute by stating that a court-conducted departure proceeding would be unconstitutional if a defendant had not clearly waived their right to a jury during an upward durational departure sentencing. The bill was passed out of committee. Passed 39-0.
House Bill 2023 would amend the Kansas Controlled Substance Act by adding additional drugs to the list. The Drug Enforcement Administration updates the list annually. This bill would bring Kansas law into concurrence with federal law. HB 2023 passed out of committee. Passed 39-0.
House Bill 2027 would make several changes to the Rules and Regulations Filing Act. The bill states that only rules and regulations that comply with the requirements of the Act would be legally binding. The bill also describes that an agency can bind parties through orders following adjudications, adopt internal agency policies, provide forms, and provide guidance or information to the public. HB 2027 lists items that would not be subject to the Act. The bill also eliminates the list of agency actions excluded from the definition of “rule and regulation” and simplifies the definition of “rule and regulation.” This legislation would also allow an agency to issue a guidance document to adopt rules and regulations. This document would not have to follow the procedures of the Act. Each agency would have to maintain and publish an index of all effective guidance documents on the agency’s website. Passed 39-0.
House Bill 2030 would extend for five years exceptions to the Kansas Open Records Act that are set to expire July 1, 2011. The bill also would amend current law, concerning the Metropolitan Transit Authority Act, and other areas concerning county riverfront authorities. These statutes would be amended to clarify that only documents and records kept or prepared by each authority for contract negotiations or civil proceedings to which the individual authorities are a party would be exempt from open records requests. Passed 39-0.
House Bill 2028 would create a new section to be part of the Kansas Uniform Trust Code giving the trustee of a trust an insurable interest in the life of an individual insured under a life insurance policy owned by the trustee acting in a fiduciary capacity or that designates the trust itself as the owner under certain circumstances. Pursuant to the bill, the trustee has an insurable interest if, when the policy is issued, the insured is either a settlor of the trust or an individual in whom a settlor of the trust has, or would have had, if living at the time the policy was issued, an insurable interest. Additionally, to have an insurable interest, the bill requires the life insurance proceeds be primarily for the benefit of one or more trust beneficiaries who have either an insurable interest in the life of the insured, or a substantial interest engendered by love and affection in the continuation of the life of the insured, and who are related within a third degree, either by blood or law, or are the insured's stepchildren or the children of the insured's stepchild, either by blood or law. Passed 39-0.
House Bill 2029 would include an ultrasound technologist as a "charitable health care provider" under Kansas statutes. The bill states that the technologist must be properly credentialed and also "working under the supervision of a person licensed to practice medicine or surgery." Passed 39-0.
House Bill 2105 would prohibit a court from ordering that a child be removed from the parents' custody solely because the parent is homeless. Passed 39-0.
Substitute for Senate Bill 81 would amend the Revised Kansas Code for Care of Children (Code) as follows: Clarify that a court considering adoption following the termination of parental rights may only consider placement with a non-relative for adoption if the court has determined that no viable relative placement exists; Require that a permanency plan for out-of-home placement include the names of all relatives with whom placement was considered and, if placement with a relative is not selected, the reason that such placement was not selected; Require that reasonable efforts be made to provide notice of a temporary custody hearing to any known first degree relatives of the child or any known person with close emotional ties to the child; Require the judge at the temporary custody hearing to order the parent or guardian of the child to provide the names and contact information for any known family members of the child and any persons with close emotional ties to the child. The parent or guardian also must state if he or she, or any other family member, has American Indian affiliation. This bill would also increase the notification for custody hearing. Making a reasonable effort would be required by the courts to notify all relatives before an adoption case can move forward. Passed 39-0.
Senate Bill 201 amends existing statutes concerning bingo games and would add a new “instant bingo” game. Passed 36-2.
House Bill 2001 would amend the statute governing the Law Enforcement Training Reimbursement Fund to require that all expenditures made from the Fund be “in accordance with appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the [Kansas Commission on Peace Officers' Standards and Training] or by a person or persons designated by the commission.” Passed 39-0.
Senate Bill 51 would require all school districts to consider adopting a policy regarding administration of over-the-counter medications to students enrolled in the district. The bill would allow districts adopting such policies to determine whether written authorization from a parent, legal guardian, or health care provider would be required before an over-the-counter medication is administered to a student. Finally, the bill would require that any policy regarding administration of over-the counter medications be reviewed by the local board of education at least once every three years. Passed 38-1.
Senate Bill 118 seeks to correct the omission of the chair licensing fee currently charged by the barber board. It will also increase the statutory collection limitation. Passed 34-5.
Senate Bill 154 allows the abstractor’s board to increase its annual licensing fee from $50 to $75. The board last increased in licensing fees in 1941. Passed 34-5.
On Wednesday, the following bills were passed by the Senate:
Senate Bill 191 amends Kansas statutes by adding a provision regarding eligible water rights. If the water right is continually in compliance with the water rights conservation program, it shall not be deemed abandoned if the cause for its nonuse is sufficient. Passed 38-0.
Senate Bill 215 abolishes the liquefied petroleum gas advisory board as of July 1, 2011. Passed 38-0.
House Bill 2013 would repeal five statutes pertaining to the sale and purchase of certain firearms known as long-guns. The statutes are no longer needed to conform to federal law that was changed in 1986. The Kansas statutes to be repealed by HB 2013 placed restrictions on buying and selling long-gun firearms to include only states that were contiguous to Kansas as originally required by 1934 federal law. Federal law places no such restrictions on current interstate activity and the previous federal law was amended in 1986 to eliminate the requirement of express state authorization for out-of-state purchases and the limitation of sales to only contiguous states. Passed 38-0.
House Bill 2044 would add accidents resulting in damage to an attended vehicle or property to the list of vehicle accidents requiring a person to immediately stop and remain at the scene of the accident until all the requirements imposed by these statutes are fulfilled. Further, the bill would amend the criminal penalties for leaving the scene of an accident. Passed 38-0.
House Bill 2192 amends Kansas statutes and instructs motor vehicles and motorcycles how to proceed regarding traffic lights. The second section would amend safety belt regulations by prohibiting all cities and local authorities from adding to or conflicting with the statute. The bill would also strike the provision that stated officers would issue a warning until June 30, 2010. Passed 36-2.
House Bill 2172 eliminates the language "or renewal of registration" and states that only an original application for motor vehicle registration requires certification that an applicant will maintain insurance and financial security during the registration period. Passed 32-5.
House Bill 2076 would amend provisions in the Kansas Municipal Group-Funded Pool Act to increase two filing time limitations among the statutory requirements regarding municipal pools. The bill also extends the insurance department’s anti-fraud division exception to disclosure of records under the open records act. The bill describes details for reporting fraudulent insurance acts and the resulting punishments for the commission of them. The protocol for applying for certificates of authority and details relating to that certificate is also addressed in the bill. Passed 38-0.
House Bill 2282 would amend legislation on the licensure and inspection of lodging establishments. The bill would consolidate the Food Service Inspection Reimbursement Fund and the Food Inspection Fee Fund into the Food Safety Fee Fund, as well as establish the Lodging Fee Fund. Both funds would be administered by the Food Safety and Lodging program in the Kansas Department of Agriculture (KDA). Inspection of lodging establishments would occur upon the application for a new license or the filing of a customer complaint. The bill would raise the rates on license and application fees and establish new maximum fee levels. Passed 34-0.
House Bill 2205 amends and repeals Kansas statutes by eliminating the expiration date on standards and requirements applying to commercial weighing and measuring devices. Passed 38-0.
House Bill 2078 removes the limitation placed on the state schools for the blind and deaf to only contract for special training programs during the summer and allows them to contract for these programs year-round. Passed 38-0.
House Bill 2020 would allow revenues from rents, boarding fees, other charges related to university student housing, as well as interest earnings on specific funds at state universities to go to the housing system suspense fund, as is the current practice, or directly to the housing system operations fund as requested by the university. Passed 38-0.
Senate Bill 224 amends current law to allow a natural gas public utility to file a motion with the Kansas Corporation Commission (KCC) to request a 12-month extension of the 60-month deadline for filing a rate case. Passed 38-0.
House Concurrent Resolution 5009 urges the EPA to continue to let state permit writers use a meaningful site specific approach that focuses on determining the best available technology for site specific ecosystem where the benefits of the technology outweigh the negative impacts to the site. Passed 38-0.
House Bill 2258 would give the Secretary of Social and Rehabilitation Services (SRS) the authority to convey certain property in Ellsworth County, Kansas, to the Evangelical Lutheran Good Samaritan Society (Evangelical) via quitclaim deed. The bill would allow the State of Kansas to retain all mineral rights to the property, as well as the right to enter and leave the property at any time for the purpose of oil, gas, or other mineral production. The bill would provide that, in order to protect improvements that could be made to the land by future owners, the State of Kansas cannot harm the surface of the land when exercising its mineral rights. Passed 38-0.
House Bill 2083 requires that individuals who have purchased a prefinanced funeral agreement be notified if the funeral director closes the facility. HB 2083 was approved on the consent calendar.
Appointments. The Senate voted and approved of the following appointments:
- Ernest Garcia as the Superintendent of the Kansas Highway Patrol. His appointment is at the pleasure of the Governor.
- Michael King as a member of the Kansas Lottery Commission. His appointment expires March 14, 2014.
- Edwin Splichal as the State Bank Commissioner. His appointment is at the pleasure of the Governor.
- Tracy Streeter as the Director of the Kansas Water Office. His appointment is at the pleasure of the Governor.
- Patrice Petersen-Klein as a member of the Board of Directors for the Kansas Development Finance Authority. Her appointment is at the pleasure of the Governor.
Resolutions. The Senate passed several resolutions this week honoring various achievements of groups and individuals across Kansas.
Senate Resolution 1825 congratulated the Osage City High School girls’ volleyball team for winning the 2010 Class 3A State Volleyball Title. It also noted that the Kansas Volleyball Association named their coach, Coach Durkin as the 2010 Class 3A Coach of the Year.
Senate Resolution 1826 honored Sharon O’Connor Schwartz’s retirement from her position as office manager of Legislative Administrative Services, a position she served in for 29 years.
Senate Resolution 1827 congratulated and commended Jeffrey Hanson for being named one of the top two youth volunteers in Kansas for 2011 by the Prudential Spirit of Community Awards. Jeff began going blind in the fall of 2005 from neurofibromatosis and an optic nerve tumor. While undergoing chemotherapy and radiation treatment, he began painting watercolor note cards to raise money for neurofibromatosis research and discovered he had a talent for art. Soon after, he set up a "Jeff's Bistro" in his driveway every Saturday where he sold note cards, paintings and baked goods. Since that time, Jeffrey has generated more than $210,000 for various local and national charities over the past five years by selling and donating original paintings and artistic creations, despite having a genetic condition that causes severe loss of vision. Learn more about Jeffrey Hanson and Jeff’s Bistro at http://www.jeffreyowenhanson.com/.
Senate Resolution 1828 congratulated and commended bronze sculptor, Elden Tefft, for his outstanding accomplishments and thanked him for his many contributions to Kansas. His works include "Moses," which is located outside Smith Hall at the University of Kansas; "Jayhawk," which is located outside Strong Hall at the University of Kansas and stands as the school's symbol; "Ichabod," which is located at the Washburn University stadium; "Wildcat," which is located at Baker University; "James Naismith," which is located at Springfield College in Massachusetts and a second, identical statue is scheduled for installation this spring at Naismith's hometown in Almonte, Ontario; "Keepers of the Universe," which is located at Burcham Park in Lawrence; "Trails West," which was first located at the former Kansas Travel Information Center in Olathe but is now located at Lone Elm Park in Olathe; "Chesty Lion," which is located at Lawrence High School; and "Hawk," which is located at Olathe East High School.
Senate Resolution 1829 recognized the Kansas Small Business Development Center's 2010 Businesses of the Year. They are: Granada Coffee Company in Emporia; T&C Manufacturing & Operating, Inc. in Great Bend; Fleener Funeral Home in Greensburg; Weather or Not, Inc. in Shawnee; Printpop.com in Lawrence; TLC Garden Center in LaHarpe; Lifetime Eye Care in Holton; and Intake Studio in Wichita.
COMMITTEE UPDATES
Agriculture. The committee held hearings on the following bills this week:
Substitute House Bill 2271. Amending the inspection and regulation of live plant dealers and plant pests by the department of agriculture. Substitute HB 2271 would amend provisions of the Kansas Plant Pest Act and clarify authority given to the Secretary of Agriculture or the Secretary’s designee. The bill would allow the Secretary to monitor and inspect equipment when only reasonable suspicion to do so exists as well as have licensing control under the Act. It would also allow the Secretary to treat or dispose pests if an owner does not and to gain access, through the courts, to property where access is denied. Finally, the bill would revise penalty amounts, create exemptions for certain plant owners, and allow for separate violations for each day a plant owner does not comply with the Act. This bill passed out of committee.
House Bill 2122. Agricultural ethyl alcohol producer incentive fund; extension. This bill would change the Kansas Qualified Agricultural Ethyl Alcohol Producer Incentive Fund by extending its sunset date from 2011 to 2018, reducing the maximum incentive rate for producers from $0.075 per gallon to $0.035 per gallon, and allow for a transfer of any unencumbered balance in the Incentive Fund to the Motor Vehicle Fuel Tax Refund Fund on June 30th of every year. The bill was passed out of committee.
The Agriculture Committee also heard presentations by the Kansas Wheat Commission (http://www.kswheat.com/), the Kansas Corn Commission (http://www.ksgrains.com/kcc/), the Kansas Soybean Commission (http://www.kansassoybeans.com/), the Kansas Grain Sorghum Commission (http://www.ksgrainsorghum.org/), and the Kansas Sunflower Commission (http://www.kssunflower.com/).
Assessment and Taxation. On Tuesday, the committee held a hearing on Substitute for Senate Bill 95. Reduction to state income tax rates based on selected actual state general fund receipts computations, and sales tax rates and distribution. Substitute for SB 95 would provide for reductions in individual and corporation income tax rates beginning in tax year 2012 based on the extent to which a certain specified group of State General Fund (SGF) tax sources have increased over the base year of FY 2010. The bill also would permanently freeze the sales and compensating use tax rate at 6.3 percent. For a more in depth look at the bill, visit:
http://kslegislature.org/li/b2011_12/year1/measures/documents/supp_note_sb95_01_0000.pdf
Commerce Committee. The committee held hearings on the following bills this week:
House Bill 2130. House Bill 2130. Labor organizations; political activity. HB 2130, as amended, would prohibit professional employees' organizations, and public employee organizations from using paycheck deductions for political activities. KSA 72-5413 defines a “professional employees' organization” as a group of certified employees that negotiate with boards of education regarding the terms and conditions of professional services. The bill would define “political activities” in terms of influencing state or local government elections. Members of labor or professional employee organizations would be permitted to donate by a personal payment noted to that effect. Political donations would be held in an account separate from the operational account. Payroll deductions for the political activities of labor organizations would be permissible if a member annually authorized the deduction in writing. If the prohibition were to be violated, or if funds were to be co-mingled, a public employer would be prohibited for two years from collecting deductions for any purpose. An employee that had a wrongful deduction would have standing to sue. In addition to other remedies that the law may provide, an employee would be able to recover damages from the employer and the organization. Damages from the employer could be equal to the deducted amount, and the damages from the organization could be twice that amount which the organization received. The bill would authorize the reimbursement of attorneys' fees.
House Bill 2054. Abolishing KTEC; transferring duties to department of commerce and board of regents. This bill would abolish KTEC and shift the responsibilities of KTEC to the Department of Commerce. The responsibilities of matching funds for federal research funding would fall upon the Board of Regents. The Department of Commerce would be allowed to engage in seed-funding for development and implementation of innovations or new technologies for both existing and emerging Kansas businesses. The KTEC board would no longer be a policymaking body, but an advisory board. The Department of Commerce would be authorized to finance research and development projects at Centers of Excellence located in the state. The Department of Commerce would also be responsible for providing technical referral service to businesses while encouraging Kansas educational institutions to establish technical information databases and industrial liaison offices. Additionally, it would be authorized to administer the Angel Investor Tax Credit.
The Commerce Committee also held a confirmation hearing on Patrice Petersen-Klein as a member of the Board of Directors for the Kansas Development Finance Authority. She was passed out of committee on Wednesday.
Education. The committee held a hearing on the following bills:
Substitute for House Bill 2191. Concerning school districts; relating to teachers. Substitute for HB 2191 would allow school districts to offer employment contracts to teachers for up to two additional years at the end of the teacher's probationary period, thus extending until the sixth year of employment the ability of the teacher to attain due process rights. (Current law states that a new teacher in a school district, area vocational-technical school, or community college cannot attain due process rights in less than three years; there is no provision in current law to extend that time.) In addition, the bill would require school districts to annually file a report with the State Board of Education, and the House and Senate education committees, with information regarding numbers of teachers offered due process rights. The bill passed out of committee.
House Bill 2200. Concerning school districts; relating to state aid for capital improvements and capital outlay. HB 2200, as amended, would reduce bond and interest state aid from a median of 25.0 percent to 15.0 percent for any bond issue approved after July 1, 2011. The bill also would reduce capital outlay state aid from a median of 25.0 percent to 15.0 percent for new levies adopted after July 1, 2011. In addition, the bill would require the local board of education of any school district having less than 200 square miles in area and an enrollment of less than 400, and which is eligible for bond and interest state aid, to advise and consult with the Joint Committee on State Building Construction before authorizing the issuance of bonds for new building construction. The Joint Committee would review the bond issuance at a hearing. The Joint Committee would be required to make a recommendation regarding the bond issue and provide that recommendation to the school district and the State Board of Education within 15 days of the hearing. The bill would require moneys received by a school district from bonds be used for the purposes described in the bond election.
Senate Substitute for House Bill 2251. Continuation of statewide tax levy for public schools. Senate Sub. for HB 2251 would reauthorize the school district property tax mill levy for the 2011–12 and 2012–13 school years. The bill also would extend the deadline for repeal of the $20,000 residential property tax exemption to the end of tax year 2012. The bill passed out of committee.
House Bill 2015. School districts; removing the expiration provision in K.S.A. 72-6433d. HB 2015 would remove the sunset date of June 30, 2012, for the current method of calculating the local option budget of a school district. The bill would extend this provision indefinitely. HB 2015 was passed out of committee.
House Bill 2017. School districts; calculating adjusted enrollment if determined that pupils are ineligible for free meals. HB 2017 would make changes to the school finance formula related to at-risk students. If a student submits an application for free meals under the National School Lunch Act, and it is later determined that the student should not have been eligible, the school district or the Department of Education would notify the State Board of Education. After the notification, the Board would recompute the general fund budget of the school district based upon the adjusted enrollment, excluding the at-risk student. The amount of state aid to the affected district would be adjusted accordingly.In addition, if a student became ineligible to receive free meals under the National School Lunch Act for failure to submit, in a timely manner, documentation necessary for verification of eligibility, the district would have until January 14 of the school year to submit the student’s required documentation and avoid exclusion from the district’s at-risk student count. The bill would not become effective until school year 2012–2013.
Senate Bill 228. Continuation of statewide tax levy for public schools. SB 228 reauthorizes the school district property tax mill levy for the 2011-2012 and 2012-2013 school years. The bill also extends the deadline for repeal of the $20,000 residential property tax exemption to the end of tax year 2012.
The committee also passed Substitute of Senate Bill 111 out of their committee this week. Substitute of Senate Bill 111 would extend the statute's effective date to the 2012-13 school year for the section of the special education school finance formula that would determine the minimum and maximum amount of special education state aid a school may receive, on a per-teacher basis. The expiration date for this section of the special education school finance formula would be June 30, 2014. (Current law makes this section effective with the 2011–12 school year and the expiration date June 30, 2013.)
Ethics and Elections. On Thursday, the committee held a hearing on House Bill 2080. Changing the candidate filing deadline for extension districts. The bill moves all local government Spring elections to the Fall, and would change a number of candidate filing deadlines.
Federal and State Affairs. The committee held a hearing on the following bills this week:
Senate Bill 220. Abolishing the office of the state fire marshal and transferring the duties and functions thereof to the division of facilities management, the Kansas bureau of investigation and the division of emergency management. SB 220 would abolish the Office of the State Fire Marshal and would transfer most powers, duties, and functions of the agency to the Division of Facilities Management of the Department of Administration. Other powers, duties, and functions would be transferred to the Kansas Bureau of Investigation, the Kansas Department of Health and Environment, and the Office of the Adjutant General.
Senate Bill 223. Public facilities; accessibility standards, disabled persons. This bill defines governmental entity, person, Title II, Title III, and facility for the purpose of Kansas statutes relating to accessibility standards for public facilities. The bill passed out of committee.
House Bill 2006. Repeal of K.S.A. 76-731a, which grants residency for tuition purposes to certain aliens who are unlawfully present in the United States. This bill repeals current law, which allows certain illegal immigrants residency in Kansas so they can pay in-state tuition at Kansas colleges and universities. It will also add a new provision which states that anyone in the United States illegally will not be a resident of Kansas and will not be granted in-state tuition. This was adversely reported out of committee.
House Bill 2107. Community defense act; sexually oriented businesses regulations. HB 2107 establishes the Community Defense Act which regulates the location and operation of sexually oriented businesses. The bill’s definition of “Sexually Oriented Businesses” includes: adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater, semi-nude model studio, sexual device shop, and sexual encounter center. The bill regulates location, hours of operation, types of performances, age of employees, and activities within these establishments. Any violation of the Community Defense Act is a Class C misdemeanor. Any city or county is allowed to pass ordinances that regulate sexually-oriented businesses as long as the ordinance doesn’t conflict with the Community Defense Act.
The committee also passed House Bill 2060 out from their committee. With HB 2060, under certain defined conditions, for all active duty military personnel, for the disposition of a military decedent’s remains, the priority would go to what is written on the federal DD Form 93 while members are on active duty.
Financial Institutions and Insurance. This week the committee heard testimony on the following bills:
House Bill 2075. Insurance department Anti-fraud program; extension of exception to open records act disclosure. HB 2075, as amended, would enact the Surplus Lines Insurance Multi-State Compliance Compact and make amendments to the current law governing the allocation of surplus lines' premium tax revenue. The bill passed out of committee.
House Bill 2076. Increasing the amount of time in which filings made to the commissioner of municipal pools must be reviewed. This bill would amend provisions in the Kansas Municipal Group-Funded Pool Act to increase two filing time limitations among the statutory requirements regarding municipal pools. The bill, after Senate amendments, now also extends the insurance department’s anti-fraud division exception to disclosure of records under the open records act. The bill describes details for reporting fraudulent insurance acts and the resulting punishments for the commission of them. The protocol for applying for certificates of authority and details relating to that certificate is also addressed in the bill.
House Bill 2077. Increasing the amount of time worker's compensation pools have to file their end of year financial statements. HB 2077 would amend a requirement in the law governing group-funded workers compensation pools to increase the time permitted for the pool's filing of an independent, audited financial statement with the Insurance Commissioner from 90 days to 150 days after the end of the pool's fiscal year.
House Bill 2139. Workers compensation insurance rates. This bill would enact and amend workers compensation provisions and amend an insurance rate filing law. The bill allows the State Fair Board to purchase workers compensation insurance and provides guidelines for the Board when entering into a private contract for such purchases. The bill was passed out of committee.
Senate Bill 153. Authorizing contributions to accounts under the Kansas individual data on students program. SB 153 would amend current law governing the low-income family postsecondary savings accounts incentive program. The bill would allow “third-party contributors” to contribute money to family postsecondary savings accounts.
The Financial Institutions and Insurance Committee also held confirmations hearing on Kurt Knutson and Larry Williams, both as members of the State Banking Board. The committee passed out House Bill 2074 and placed it on the consent calendar. HB 2074 would amend a rate filing provision for certain lines of property and casualty insurance in the Insurance Code to exempt trade secrets and copyrighted material in an insurance filing or any supporting documentation for the filing from disclosure in open record requests.
Judiciary Committee. The committee held hearings on the following bills this week:
House Bill 2312. Regulated scrap metal; licensing scrap metal dealers; unlawful acts; criminal penalties. Under this bill, a scrap metal dealer license would be established and a business must have a license to purchase regulated scrap metal. It would also provide policies and procedures for application, issuances, renewal, and revoking or suspending a license. Licenses would be issued by the governing body of the city or board of county commissioners. The Attorney General would draft an application which would include certain criminal behaviors in the past being barred from applying. The local governing body or board of county commissioners would set the application fee. The bill would also require that certain transactions would be paid only with a renumbered check from a bank account in the name of the scrap metal dealer and be payable to the person selling the property. Additionally, it would define damage as cost of total damage to the property due to the theft, not the value of the theft.
House Bill 2035. Amending statutes regulating late-term and partial birth abortion. As amended, this bill would modify current law regarding prohibitions on late-term and partial birth abortions; require parental consent with certain exceptions for abortions involving minors; expand and establish new abortion reporting requirements; and add a civil cause of action in certain abortion cases. Other changes would alter the terminology of “fetus,” to “unborn child,” require new rules and regulations regarding partial birth abortions, and grant access by law enforcement to certain abortion reports if violations of the law are suspected. Additionally, the bill would require the physician to present the woman with a written document informing her that she is terminating a human life.
Senate Bill 146. Amending statutes regulating late-term and partial birth abortion. SB 146 creates a variety of amendments to current Kansas statutes on late-term abortion. This bill is very similar to HB 2035, except for portions relating to parental consent requirements.
House Bill 2218. Abortion based on capacity of unborn child to feel pain. This bill would define a pain capable child as one that has reached a gestation period of twenty-two weeks or more. Abortions of a pain capable child would only be permitted in the event of a medical emergency, being a situation where the mother’s life is at risk or in great danger.
Senate Concurrent Resolution 1604. This is a resolution that requests a constitutional amendment to preserve right to choose health care services and participate in health insurance plan.
House Concurrent Resolution 5007. This is also a resolution that requests a constitutional amendment to preserve right to choose health care services and participate in health insurance plan.
The committee also passed out the following bills from their committee:
House Bill 2071. This bill would amend current law concerning community corrections. Specifically, the bill would
extend the expiration date of a current statute, which requires adult offenders sentenced to community supervision in Johnson County for certain felonies to be placed under court services or community corrections supervision. Additionally, it would amend the goal of a program overseen by the Secretary of Corrections to “achieve and maintain a supervision success rate of at least 75 percent or improving such rate by at least 3 percent from the previous year.”
Local Government. The committee held hearings on the following bills this week:
House Bill 2195. Municipalities; organized solid waste and recycling collection service act. This bill would establish the Organized Collection Service Act to provide for a time-sensitive transition between private and public solid waste and recyclable collection services. The bill sets forth guidelines for a municipality when establishing a collection service by ordinance or resolution and when running the service. The bill would shorten the timeframe for when a municipality may commence collection after an adopted ordinance. This bill passed out of committee.
House Bill 2240. Cemetery corporations; trust funds; secretary of state, attorney general enforcement powers. HB 2240 deals with cemetery corporations, the trust funds they maintain, and a new fee fund relative to these functions. For more details, visit:
http://kslegislature.org/li/b2011_12/year1/measures/documents/supp_note_hb2240_02_0000.pdf
HB 2240, which deals with cemetery corporations and the trusts they maintain, was passed out of committee.
House Bill 2294. Annexation procedures; deannexation; board of county commissioners duties; election required, when; homestead exemption; appeal process. This bill would require homestead rights to continue, if they were attributable prior to annexation, until sale of land and restrict unilateral annexation of land. The bill would modify current review processes for most all annexations by reducing total time that must elapse before deannexation procedures might begin. The bill would extend the prohibition of annexation of any unplatted agricultural land of 21 acres or more to bilateral annexations and the bill would require an election to be held for any annexation proposed to be made via the board of county commissioners.
Natural Resources. On Thursday, the committee held a confirmation hearing on Shari Feist Albrecht as a member of the Central Interstate Low-Level Radioactive Waste Commission.
Public Health and Welfare. The committee heard testimony on the following bills:
House Bill 2241. Concerning Kansas Dental Practice Act and the Franchising of Dental Practices. This bill would amend the Dental Practices Act to allow the franchising of dental practices. All dental practice franchises would be required to register with and be subject to inspections by the Kansas Dental Board.
Senate Bill 211. Pharmacists; dispensing prescriptions. This bill would allow a pharmacist to provide a three-month supply of a legend drug that is not a controlled substance or psychotherapeutic drug when a practitioner has written a prescription that includes a sufficient number of refills for a three-month supply. The committee passed the bill out of committee.
House Bill 2125. Professional regulated sports act; civil penalties, violations, fees and rules and regulations. This bill “would allow the Athletic Commission, which is operated by the Department of Commerce, to issue fines of up to $10,000 for violations of any rules and regulations authorized under the Kansas Regulated Sports Act. The bill creates a procedure for collecting fines and sets up a formal appeals process. The bill would eliminate language that refers to the “tax imposed” on the gross receipts of every regulated sports event and would replace it with “fee assessed.” The bill was passed out of committee.
House Bill 2125. Professional regulated sports act; civil penalties, violations, fees and rules and regulations. HB 2125 would make revisions to the Kansas Professional Regulated Sports Act and to the powers of the Athletic Commission. The bill would authorize the Athletic Commission to impose a civil penalty which would be limited to a maximum of $10,000 per day per violation.
Senate Bill 216. Emergency medical services; licensure of attendants. “Current law allows the Emergency Medical Services Board to adopt rules and regulations necessary to regulate ambulance services. SB 216 would add requirements for a quality assurance and improvement program for ambulance services and staffing requirements for attendant or medical personnel for ambulance services and vehicles. The bill would also change the term ‘medical advisor’ to ‘medical director.’” The bill also adds members to the Emergency Medical Services Board. The bill was passed out of committee.
The Public Health and Welfare Committee also passed out the following bills from committee:
House Bill 2081 would require every special hospital to provide 24-hour emergency services. The bill would also establish definitions for “emergency medical condition,” “emergency services,” and “special hospital.” This bill was placed on the consent calendar.
House Bill 2182 would expand the definition of mail service pharmacy so that out-of-state facilities registered as non-resident pharmacies could ship their unused drugs to Kansas for donation to the Unused Medication Program. Since 2008, approximately $5 million in medications have been distributed to 20 eligible entities (primary care clinics for the indigent, Community Health Centers and Community Mental Health Centers). This bill was placed on the consent calendar.
House Bill 2147 would amend the “Home Plus” definition in current law to increase from eight to twelve the number of individuals who could be cared for in a home plus facility. Adult care homes converting a portion of one wing of a facility to a home plus facility, which is separate from and contiguous with the adult care home, would be allowed to have not less than a five-bed and not more than a twelve-bed home plus facility.
Transportation. This week the committee heard testimony on the following bills:
House Bill 2192. Making seat belt regulations part of uniform act regulating traffic on highways. This bill would amend language allowing a motorcyclist to proceed through a red signal that had not changed due to the motorcyclist’s weight. The bill adds language requiring the motorcyclist to yield to any traffic, pedestrian or vehicular, that would constitute an immediate hazard to either party if the motorcyclist proceeded through the signal. The bill also includes bicycles when describing protocol for vehicles that are passing or overtaking another vehicle or bicycle. The amended bill also strikes all language of the uniform act regulating traffic on highways that relates to mandatory seat belt use and penalties.
Senate Bill 225. Renaming a portion of Interstate 70 as the Eisenhower/Truman Presidential highway. SB 225 would designate a portion of I-70 as the Truman/Eisenhower Presidential Highway: from the Missouri state line west to the junction with K-15, at Abilene. The designation would be contingent on the State of Missouri designating a portion of I-70 similarly. The Secretary of Transportation would not install signage until sufficient gifts and donations had been received to cover the costs of the signs plus an additional 50% of the initial future costs of maintaining the signs. The bill passed out of committee.
The committee also passed Senate Substitute for House Bill 2132 out of committee. Senate Substitute for HB 2132 would authorize “Families of the Fallen” license plates for passenger vehicles and small trucks, to be issued on and after January 1, 2012. The bill would define “Department of Defense recognized next of kin of deceased military personnel” as any person entitled to receive the Department of Defense Gold Star lapel button or the lapel button for next of kin of deceased active duty personnel. Upon the death of the person to whom the plate was issued, a surviving family member would be entitled to retain the plate.
Utilities. The committee heard testimony on the following bills:
Senate Concurrent Resolution 1606. Urging the United States Department of Transportation to adopt regulations permitting the State Corporation Commission to regulate natural gas storage fields in Kansas. SCR 1606 proposes that the United States Department of Transportation adopt regulations addressing the safety of vertical, down-hole operations in gas storage fields, thus creating an opportunity for the Kansas Corporation Commission, operating as a designated agent of the Department, to regulate and ensure the safety of all natural gas storage fields in Kansas. The Resolution was recommend for passage and passed out of committee to the full Senate.
Senate Bill 227. Requiring anemometer towers to be marked or flagged so as to be identifiable in clear air during daylight hours. This bill would require anemometers, instruments for measuring and recording the speed of wind, above 50 feet in height and located outside a municipality to be specifically marked, painted, flagged, or constructed to be recognizable in clean air during daylight hours. The bill would make a person failing to properly mark the tower guilty of a class C nonperson misdemeanor. The bill was passed out of committee.
Ways and Means. This week, the committee heard several briefings from staff members. On Tuesday, the committee had a briefing by Aaron Jack, Kansas Securities Commissioner. On Thursday, they held discussion and took action on several state agency appropriations bills. The committee also held hearings on the following bills:
House Bill 2258. Conveyance of land in Ellsworth County from SRS to the Lutheran Evangelical Good Samaritan Society. HB 2258 would give the Secretary of Social and Rehabilitation Services (SRS) the authority to convey certain property in Ellsworth County, Kansas, to the Evangelical Lutheran Good Samaritan Society (Evangelical) via quitclaim deed. The bill would allow the State of Kansas to retain all mineral rights to the property, as well as the right to enter and leave the property at any time for the purpose of oil, gas, or other mineral production. The bill would provide that, in order to protect improvements that could be made to the land by future owners, the State of Kansas cannot harm the surface of the land when exercising its mineral rights. The bill passed out of committee.
Senate Bill 205. Establishing the Kansas employment initiative act and the Kansas employment first oversight commission. “SB 205 would enact the Kansas Employment First Initiative Act. The bill would establish that it is the public policy of the State of Kansas that competitive and integrated employment is the first option when serving persons with disabilities who are of working age to obtain employment with the state and any of its contractors. This policy would apply to programs that support the employment of persons with disabilities and directs all state agencies to follow this policy and ensure that it is effectively implemented in their programs and services. The bill would require all state agencies to coordinate their efforts and collaborate within and amongst each agency to ensure that programs, policies, procedures, and funding support competitive and integrated employment of individuals with disabilities. The bill would further require agencies to, whenever feasible, share data and information across systems in order to track progress toward full implementation of the Act. The bill would establish a five-member oversight commission charged with the establishment of measurable goals and objectives for the State of Kansas to ensure implementation of the Act and to track the implementation progress of public agencies.”
Senate Bill 199. Inmates in correctional facilities; medicaid eligibility. “SB 199 would require the Kansas Health Policy Authority (KHPA), in consultation with the Department of Corrections, to pursue available Medicaid funding for inmates who receive medical care. The Department must provide any information to the KHPA for the applications for waivers or any other approval documentation required by the Centers for Medicare and Medicaid Services. The KHPA would be required to submit a report on the progress of its attempt to obtain federal funding to the Joint Committee on Health Policy Oversight during the interim of 2011.”
Senate Bill 89. Local health departments; funding reduction. This bill amends current law so that when counties lose revenue, thereby affecting the amount of money going to local health departments, the reduction of money going to the health department by the state would be a percentage equal to the percentage of the local tax revenue allotment reduction rather than a dollar for dollar amount.
Senate Bill 235. University engineering initiative act. This bill would do the following for the University Engineering Initiative Act: creates the KAN-Grow Engineering Fund at the Kansas Board of Regents funded by automatic transfers from the state’s Expanded Lottery Act Revenue Fund (ELARF) each year beginning in FY 2013; authorizes the Regents to approve plans developed by the Schools of Engineering at KU, KSU and WSU to increase the number of engineering graduates by 60 percent; require each university to put forward matching funds from private funds, foundation or endowment funds, grants or other non-State General Fund sources.
The Ways and Means Committee also passed the following bills out of committee:
Senate Bill 229 would modify current law which provides for the deposit of 20 percent of certain fee revenue up to a maximum of $200,000 to the State General Fund. In FY 2013, the 20.0 percent of fee revenue deposited in the State General Fund would be reduced to 10.0 percent and the maximum would be reduced to $100,000.
Senate Bill 210, which would establish an assessment fee on service providers of the Home and Community-Based Services for the Developmentally Disabled (HCBS/DD) Waiver program.
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