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From the Desk of Jay Scott Emler

Week of January 30, 2012

This week I had the pleasure of welcoming representatives of the McPherson Industrial Development Company (MIDC) and the city of McPherson. Brett Reber (president of the MIDC board), Kyle Hawk (treasurer of the MIDC board), Colin Hansen (director of Kansas Municipal Utilities), Tom Brown (Mayor of McPherson), Rick Wilborn (a consultant to the MIDC and a former board member), and Marvin “Pete” Peters (executive director of the MIDC) came as the Senate honored the MIDC with Senate Resolution 1811.This resolution acknowledged that McPherson, under the guidance of the MIDC, is the first community in Kansas to successfully earn the CompetitveReady designation and is one of only two communities in the entire nation to have earned the designation.

This group of leaders from McPherson County have helped to set the standard for grassroots economic development for Kansas and across the nation. Since 1959, the MIDC has worked with the City of McPherson, McPherson County, and the McPherson Board of Public Utilities to actively recruit and retain an industrial base. Because of MIDC, McPherson County has become a manufacturing hub. Approximately 1 in every 5 workers in the county is employed in the manufacturing industry, making McPherson the most industrialized county on a per capita basis in Kansas.

The Senate passed its first set of bills this week, sending 25 pieces of legislation to the House for consideration. The approved bills focused on issues related to budgeting, financial institutions, the courts, transportation, agriculture, local government and health care. Among the bills were:

Respecting our veterans. For generations, respecting the sacrifices made by our veterans has been a Kansas tradition. The Senate this week approved a resolution (HCR 5016) urging Congress to extend benefits for treatment to all veterans who have been impacted by Agent Orange. Thousands of our Vietnam War veterans have suffered from the effects of this powerful and toxic chemical, which was used during the War to clear heavy vegetation and expose enemy hideouts. Right now, our country only offers treatment benefits for those who served in the country of Vietnam. However, our military men and women who were exposed while served in surrounding areas, such as Thailand, are unable to access these same benefits for treatment. This resolution urges Congress to work with the Department of Veterans Affairs to ensure that all veterans exposed to Agent Orange receive the support and treatment they need. The Senate also passed legislation (Senate Bill 303) that will ensure a proper burial for Kansas veterans whose family members are unable to claim the remains. This bill allows Kansas funeral homes to put the remains of veterans in the care of the Kansas Commission on Veterans Affairs or the U.S. Department of Veterans Affairs so that Kansas veterans can receive the burial they deserve.

Preserving Kansas resources. The Senate took action this week to address the impact of last year’s drought conditions and water usage on our state’s agricultural community. Senate Bill 272 will amend water law to provide Kansas farmers and ranchers with the flexibility they need to carefully manage their water resources and balance usage in years where a lack of rainfall may require additional resources. Known as multi-flex accounts, this legislation gives Kansas producers the option to spread the amount of groundwater they pump over a five-year period, which allows them to fully protect their crops in dry conditions while holding the line on overall water usage. This legislation will go a long way toward preserving our state’s water resources and protecting the agricultural foundation of our economy.

Did you know? Kansans can find several online tools to assist them in finding a new job, figuring out how to refinance a home mortgage, knowing where to turn if health insurance has been lost through a job termination, or simply, how to weather current economic conditions. “Thriving in Tough Times” is a virtual site of helpful resources created by the State Library with the assistance of other state agencies, social service agencies and individuals. Visit www.kslib.info and click on the “Thriving in Tough Times” icon. Technical assistance is available by calling 1-800-432-3919.

FLOOR UPDATES

Final Action. The Senate approved the following bills and resolutions this week:

Senate Bill 266. This bill would change the current law defining “risk-based capital instructions” to include the latest version of the instructions available. The definition includes reference to instructions that are in effect on December 31, 2010. Passed 39-0.
Senate Bill 270. This bill allows the Department of Revenue to release or publish gaming information obtained from bingo licensee applications and renewals. Passed 39-0.
House Concurrent Resolution 5016. This resolution asks to extend equal benefits for the treatment of Agent Orange exposure to Vietnam veterans who served outside of Vietnam. Passed 39-0.
Senate Bill 275. This bill removes the requirement for a salesperson permit, repealing all related statutes. Passed 39-0.
Senate Bill 274. This bill authorizes the Department of Revenue to issue one temporary permit for a special event for no longer than thirty consecutive days. It also allows the vendor to sell back to the supplier unopened alcoholic liquor, with the written permission from the director of ABC, within three days of the end of the event. The temporary permit allows the consumption of alcoholic liquor on any roadway that has been closed to motor vehicle traffic. Passed 39-0.
Senate Bill 280. This bill addresses amendments to change the status of confidentiality, stating that interviews will be public record. Further, it states that parties may call for expert testimony in any proceeding, not just a trial. Passed 39-0.
Senate Bill 292. This bill would clarify current law regarding the Uniform Trust Code providing for automatic revocation of inheritance rights of an ex-spouse. Passed 39-0.
Senate Bill 249. This bill would allow the Legislative Division of Post Audit to require a person to be fingerprinted for a state and national criminal history record check for current and prospective audit and staff members. Passed 39-0.
Senate Bill 279. This bill amends current statute to amend the definition of unlawful sexual relations for people 16 and older to include agents or contractors of SRS as well as those in the custody of SRS. Passed 39-0.
Senate Bill 291. This bill would amend the uniform trust code related to non-charitable irrevocable trusts, creditor claims against settlors, and certification of trusts. This bill passed out of committee. Passed 39-0.
Senate Bill 293. This bill amends current laws regarding who delivers a will to a district court and the protocol for filing an affidavit concerning the will. Passed 39-0.
Senate Bill 265. This bill clarifies language for amending credit union bylaws by requiring that if the Credit Unions Administrator has not acted on a proposed bylaw amendment within 60 calendar days, then the amendment would be considered approved. The bill also allows a credit union to appeal the decision of the Administrator in accordance with the Kansas Administrative Procedures Act. Passed 39-0.
Senate Bill 264. This bill allows a life insurance company to designate a trust company as a trustee of an insurance company’s securities. This would resolve this law with a similar law that was amended during the 2011 Legislative Session. Passed 39-0.
Senate Bill 300. This bill extends the 30-day temporary vehicle registration permits to 60 days. Passed 39-0.
Senate Bill 275. This bill removes the requirement for a salesperson permit. Passed 39-0.
Senate Resolution 1803. This resolution urges Congress to allow outdoor highway advertising signs, especially in rural areas where communities are bypassed by major interstates and highways. Passed 39-0.
Senate Resolution 1804. This resolution requests a multi-year federal transportation funding program at current funding levels. Passed 34-5.
Senate Bill 207. This bill allows a county to accept a credit or debit card for any payment. The county is able to add a fee to each transaction equal to what the county is charged for the payment made using the card, but the county must provide notice of the fee. Passed 39-0.
Senate Bill 259. This bill allows retired teachers to return to work without having their retirement benefits penalized by KPERS. Passed 35-4.
Senate Bill 258. This bill allows a state university employee to provide factual information on negotiated or research agreements between the university and the company for which the employee may have a substantial interest, but the employee must not have the authority to negotiate or approve the agreement or have a direct financial benefit. Passed 39-0.
Senate Bill 290. This bill will change the Addictions Counselor Licensure Act to require applicants to have a minimum number of semester hours of coursework on substance use disorders for licensure. Applicants also have to merit public trust. In addition, applicants have to provide proof of at least two years postgraduate supervised professional experience. Passed 39-0.
Senate Bill 303. This bill will allow a funeral establishment, branch establishment, or crematory to dispose of cremated remains if the remains have not been claimed within 90 days, they have sent a notice of disposal by mail, and if they have not received a claim within 30 days of sending the notice. This bill also clarifies language on disposition of cremated remains allowing each establishment to relinquish possession to the Kansas Commission on Veterans Affairs or a national cemetery for disposition. Passed 39-0.
Senate Bill 272. This bill establishes a five year multi-year flex plan for water allocation. Passed 39-0.
Senate Bill 289. This bill clarifies that the Board of Veterinary Examiners has the authority to inspect and audit licensee compliance with current existing minimum standards of veterinary practice. It also establishes a new fee for the inspection and audit. The fee is at least $50 and no more than $150 per licensee. The bill also allows the board to assess the qualifications of veterinarian technician applicants, gives the board the ability to seek a sanction against a licensed veterinarian entering into a diversion agreement in lieu of a conviction of a felony, and clarifies the Board’s authority to assess a fine. Passed 38-1.
Senate Bill 294. This bill contains the Joint Committee on Special Claims Against the State recommended payments. Passed 39-0.
Senate Bill 297. This bill includes spousal gifts in the list of sole and separate property that remains the property of a married person. Passed 38-0.

COMMITTEE UPDATES

Agriculture. This week the committee continued work on Senate Bill 272, which would establish a five year multi-year flex plan for water allocation. SB 272 passed out of committee. They also held hearings on the following bills:

Senate Bill 276. This bill would establish a five year multi-year flex plan for water allocation.
Senate Bill 289. This bill clarifies that the Board of Veterinary Examiners has the authority to inspect and audit licensee compliance with current existing minimum standards of veterinary practice. It also establishes a new fee for the inspection and audit. The fee is at least $50 and no more than $150 per licensee. The bill also allows the board to assess the qualifications of veterinarian technician applicants, gives the board the ability to seek a sanction against a licensed veterinarian entering into a diversion agreement in lieu of a conviction of a felony, and clarifies the Board’s authority to assess a fine. They passed the bill out of committee.
Senate Bill 302. This bill will set all registration fees for Meat and Poultry Inspection Program of the Department of Agriculture to $25. The bill also changes language to existing definitions to comply with federal law so the state inspection program is equal status to the federal program. In addition, the bill gives the Department temporary suspension authority to allow for voluntary inspection authority of non-amenable species.

Assessment and Taxation. This week the committee held hearings on the following pieces of legislation:

Senate Bill 317. This bill would exclude trade fixtures from the definition of real property, real estate, and land when determining the assessed valuation of real property.
House Concurrent Resolution 5017. This is a resolution to amend the property tax classification section of the Kansas Constitution to authorize the Legislature, beginning in tax year 2013, to classify watercraft on a different basis from other property.

Commerce. The committee continued a previous presentation by Secretary of Commerce, Pat George (http://www.kansascommerce.com/).

Education. This week the committee heard a report from Mark Tallman of the Kansas Association of School Boards (http://www.kasb.org/) on Educational Achievement in Kansas. They also heard a review of Higher Education by Dr. Andy Tompkins, the President and CEO of the Kansas Board of Regents (http://www.kansasregents.org/). Finally, the Education committee heard presentations on the following bills dealing with bullying:

Senate Bill 278. This bill prohibits bullying, harassment, or cyber bullying of any Kansas public student or employee in grades K-12. The bill requires all school districts to adopt policies to prohibit these types of behaviors at school or school-sponsored activities and outlines what type of reporting requirements should be followed.
Senate Bill 69. Would add the terms “dating partner” and “dating violence” to current law regarding bullying. In addition, the bill would require school districts to adopt policies regarding dating violence, in addition to current bullying policies.

Ethics and Elections. This week the committee held hearings and discussions on the following bills:

Senate Bill 102. This bill would increase registration fees for lobbyists
Senate Bill 309. This amends the Campaign Finance Act to require broadcast political advertisements to include a disclosure statement that identifies who is speaking in the ad, the candidate being referred to in the ad, the committee or person sponsoring the ad, and whether the ad supports or opposes the specific candidate.
Senate Bill 242. Creates the Interstate Compact on the Agreement Among the States to Elect the President by National Popular Vote Act. This bill allows any state and the District of Columbia to become a member of the compact and each member state would be required to conduct a statewide popular election for President and Vice President of the United States. The bill establishes a procedure for Kansas to follow if it decides to join the compact.

Federal and State Affairs. This week the committee held hearings on the following bills:

Senate Bill 237. This bill would increase the cap from $25,000 to $100,000 for those Kansas insurance companies having gross premiums of less than $50 million. For insurance companies having gross premiums of more than $50 million, there would be no cap.
Substitute for House Bill 2430. This bill deletes the smoking ban exemption for gaming facilities that was given in the Kansas Indoor Clean Air Act.
Senate Bill 241. This bill amends the state’s Expanded Lottery Act and would create the Kansas Agricultural Opportunity Act. This changes the distribution of electronic gaming machine income from a racetrack gaming facility manager from 25 percent to 58 percent. It also eliminates the 15 percent share of gaming income that is to be used for gaming expenses of the racetrack gaming facility manager and remove the earning caps on both the Live Horse Racing Purse Supplement Fund and the Live Greyhound Racing Purse Supplement Fund. The Kansas Lottery would be allowed to allocate the entire 2,800 authorized electronic gaming machines to be placed at racetrack gaming facilities and have between 600 and 1,200 machines per facility.

Senate Bill 319.This amends the Kansas Expanded Lottery Act and Kansas Parimutuel Wagering Act, and would create the Kansas Agricultural Opportunity Act. This authorizes Sedgwick County to hold an election to allow the Kansas Lottery to operate electronic gaming machines at a racetrack facility in Sedgwick County. The bill also changes the distribution of net electronic gaming machine revenue from racetrack gaming facilities by increasing the amount of revenue distributed to racetrack gaming facility managers. This bill also removes the earning caps on both the Live Horse Racing Purse Supplement Fund and the Live Greyhound Racing Purse Supplement Fund.

Financial Institutions and Insurance. This week, the committee heard an overview of the Kansas Eligibility Enforcement System (KEES) program, designed by Accenture. This program is designed to be an online tool for social services applications such as Medicaid, CHIP, and TANF to determine someone’s eligibility for these services. The KEES system is scheduled to be complete by 2014. They also held hearings on the following bills:

Senate Bill 273. This bill will increase the cap for insurance companies having gross premiums of less than $50 million to $100,000 from the current $25,000 cap. Also, insurance companies having gross minimums of more than $50 million will have no cap.
Senate Bill 287. This bill will require credit unions to purchase share insurance from the National Credit Union Share Insurance Fund (NCUSIF).
Senate Bill 315. This bill would add attorneys, officers, and employees of the Office of the State Bank Commissioner to the list of employees that are not subject to approval by the Governor. This bill also lists positions the Bank Commissioner would be allowed to appoint in the unclassified service. The State Bank Commissioner will also be allowed to set salaries for unclassified positions. The bill eliminates outdated references. Furthermore, this bill asks to increase expenditures on salaries and wages in FY 2012 up $122,351 and in FY 2013 up $554,067.

The committee also passed the following bills out of committee:

Senate Bill 263. This bill will allow a credit committee, credit manager, or loan manager to have general supervision of all loans to credit union members. The bill will also require a two-thirds vote instead of a unanimous vote by the supervisory committee to suspend any officer of the credit union, any member of the credit committee, or member of the credit union board of directors. In addition, this bill clarifies language on the appeals and suspension process.
Senate Bill 264. This bill allows a life insurance company to designate a trust company as a trustee of an insurance company’s securities. This would resolve this law with a similar law that was amended during the 2011 Legislative Session.

Judiciary Committee. This week, the committee held hearings on the following bills:

Senate Bill 281. This bill removes the sunset provision from the statute establishing the Commission on Judicial Performance, extending the date until the statute is repealed.
House Bill 2087. This bill notes the supremacy of the U.S. and Kansas Constitution, as well as the rights afforded by them. It makes void and unenforceable any ruling from a court using foreign law, legal code, or judicial system.
Senate Bill 304. This bill would shift a federally funded program administered by the Attorney General that certifies local battered intervention programs and one full-time employee to a new program called the Batterer Intervention Program Certification Unit and the rules and regulations for the unit.
Senate Bill 308. This bill would create a new crime of armed criminal action, constituted by committing or attempting to commit a felony by use of a firearm.
Substitute for House Bill 2318. This bill would amend current statute concerning controlled substances, making a five level grid system for drug offenses.
Senate Bill 321. This bill would amend current statute dealing with conditions for bail bonding.

KPERS Select. The committee met this week and reviewed legislative proposals and the actuarial report.

Local Government. The committee met this week and heard testimony on bills that pertain to counties which are exempt from the Court of Tax Appeals filing fees, appraisal laws, and bidding at tax sales.

Natural Resources. This week the committee held hearings on the following bills:

Senate Bill 310. This bill states that a chief engineer shall review the plan whenever a groundwater management district recommends the approval of a local enhanced management plan within the district.
Senate Bill 316. This bill updates references and corresponding changes relating to Executive Reorganization Order No. 36 and the Kansas Department of Wildlife, Parks, and Tourism.

Public Health and Welfare. The committee held hearings on the following bills:

Senate Bill 324. This bill would change the expiration date of licenses to a date established by rules and regulations adopted by the Board. This bill also removes a provision that allows a single registration for a business entity to manufacture drugs that operates more than one facility within the state, or for a parent entity with divisions, subsidiaries, or affiliate companies, when operations are conducted at more than one location and there exists joint ownership and control among all of the entities. This bill also states that a pharmacist intern needs to be registered with the Board and provide the name and address of each new employer within 30 days of obtaining new employment. This bill passed out of committee.
Senate Bill 325. This bill adds the drug, carisoprodol to Schedule IV and the drug, ezogabine to Schedule V of the controlled substances lists. This bill passed out of committee.
Senate Bill 326. This bill changes language on which students can receive dental services in schools.

Senate Bill 328. This bill updates electronic prescription laws by adding definitions.

Redistricting. This week the committee passed out its Congressional District Map, Senate Bill 344.

Transportation. This week the committee heard a presentation by the Kansas Department of Transportation (http://www.ksdot.org/). They also held hearings on the following legislation:

Senate Bill 298. This bill will change weight limitations on trucks designed and equipped for garbage, refuse, or solid waste disposal.
Senate Bill 334. This bill will allow a person with military commercial vehicle driving experience the ability to bypass the skills test required for a commercial driver’s license.
Senate Resolution 1805. This resolution supports creating roads, streets, and communities where all users can feel safe, secure, and welcome. It recognizes that users of our state’s transportation are people of all ages and abilities, bicyclists, disabled persons, drivers and commercial drivers and that our transportation network must continue to meet the needs of all users.
Senate Resolution 1806. This resolution urges Congress to repeal the freeze on truck weight limits.

Utilities. The committee heard the update on the recent Kan-Ed Audit (http://www.kansas.gov/postaudit/audits_perform/h-12-001.pdf). For more information on Kan-Ed, visit http://www.kan-ed.org/. They also listened to issues related to the KCP&L recent rate increase.

Ways and Means. The Senate Ways and Means Committee heard and passed out favorably Senate Bill 294, which contains the Joint Committee on Special Claims Against the State recommended payments. The Committee was briefed on Senate Bill 311, which addresses supplemental appropriations for Fiscal Year 2012 and Fiscal Year 2013 for various state agencies. The Committee was also briefed on Senate Bill 338, regarding the enactment of the Kansas Public Employees Retirement System Act of 2014. Senator King gave the report of the KPERS Study Commission. Rebecca Proctor presented the Minority Report on the KPERS Study Commission. The Committee approved the appointment of Kenneth Buchele to the Board of Directors of the Kansas Bioscience Authority. Mr. Buchele was nominated by Senate President Morris. The Committee continued its work on SB 311 and heard a presentation on the Blue Ribbon Commission. The Commission conducted an intensive review of state court operations and structure. The Committee introduced a tax bill by Senator Kelsey (SB 376) and Senator Huntington introduced a bill relating to persons making reports of abuse or neglect of children (SB 362).

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Have a question? Contact me at Jay.Emler@senate.ks.gov. Please include your name and street address in your email so that I may respond to constituents from our district in a timely manner. Our legislative district includes Ellsworth, Lincoln, McPherson and Rice counties, as well as portions of Barton, Dickinson and Marion counties. If you wish to contact my office by phone, please call 785-296-2497, or call the legislative hotline toll-free at 1-800-432-3924.