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From the Desk of Jay Scott Emler Week of March 31 - April 5, 2008 ADOPTED CONFERENCE COMMITTEE REPORTS (Part 2)SB 89 Water Litigation & the Republican River:Sub. for SB 89 establishes the procedure for the distribution of any moneys recovered from disputes relating to the Republican River Compact from either Colorado or Nebraska. In addition, the bill creates the Republican River Water Conservation Projects-Nebraska Moneys Fund and the Republican River Water Conservation Projects-Colorado Moneys Fund. The bill requires that out of the first moneys received from any dispute in any litigation from both Nebraska and Colorado involving the Republican River Compact, 100 percent would be credited to the Interstate Water Litigation Fund created by KSA 82a-1802. When those moneys are credited to the Interstate Water Litigation Fund, the Director of Accounts and Reports will transfer moneys from the Fund to the Interstate Water Litigation Reserve Account of the State General Fund until the account balance reaches $20 million. The Attorney General will certify to the Director of Accounts and Reports expenses incurred in any litigation to resolve disputes with Nebraska and Colorado on the Republican River Compact. After the amount required to be placed in the Interstate Water Litigation Fund Reserve Account is satisfied, any remaining moneys from the State of Nebraska will be deposited in the Republican River Water Conservation Projects-Nebraska Moneys Fund. Likewise, any remaining moneys from the State of Colorado will be credited to the Republican River Water Conservation Projects-Colorado Moneys Fund. Conference Committee Action The Conference Committee agreed to transfer any moneys credited to the Interstate Water Litigation Fund from Nebraska and Colorado to the Interstate Water Litigation Reserve Account of the State General Fund until that account reaches a balance of $20 million. The Conference Committee eliminated language which would have required that moneys received be placed in the Interstate Water Litigation Fund up to a maximum of $20 million. The Senate adopted the CCR for SB 89 by a vote of 39 – 0. SB 309 Retirement, Tax & Post-Retirement Work:House Sub. for SB 309, as amended by the Conference Committee, contains provisions related to public retirement plans, including the Kansas Public Employees Retirement System (KPERS) plans and the Washburn University retirement plan. The bill:
Conference Committee Action The Conference Committee deleted provisions in House Sub. for SB 309 that will have transferred responsibility for the training and certification of nurse aides (CNAs), medication aides (CMAs), home health aides (HHAs), and paid nutrition assistants (PNAs) from the Kansas Department of Health and Environment (KDHE) to the Board of Nursing. The Board of Nursing will be responsible for the Kansas Nurse Aide Registry and the criminal record check requirements for nursing positions. The Conference Committee recommended that these provisions be added to another Senate bill in the House Appropriations Committee for further action this Session. The Conference Committee retained the House passed provisions to continue an exemption for nurses at state institutions and to add Juvenile Justice Authority facilities to the state institutions that could hire retired nurses who would not be subjected to a $20,000 limit on earnings after retirement. The Conference Committee also agreed to add provisions from SB 662, as passed by the Senate, including a number of KPERS technical amendments and a state income tax exemption for retirement benefits of retired employees from Washburn University. The Senate adopted the CCR on SB 309 by a vote of 39 – 0. SB 316 Kansas Government Operations Accountability:Sub. for Sub. for HB 316 expands K-GOAL to provide accountability for any state agency or state program. In the bill, each state agency or program is subject to audit, review, and evaluation under K-GOAL as determined by the Legislative Post Audit Committee. The Committee directs the Post Auditor to conduct at least four audits each year under KGOAL. The bill specifies that the agencies or programs to be audited and the scope of the audits would be selected from a list provided to the Committee by the Legislative Post Auditor. Audit topics will come from interested parties, including the general public. Each performance audit will have to be completed by December 1 for review by the Legislature during the next regular session. Under the bill, each audit includes a determination of the following factors:
The bill authorizes the Senate Ways and Means Committee, the House of Representatives Appropriations Committee, the Legislative Budget Committee or committees as determined by the Legislative Coordinating Council to review and evaluate the operations of the state agency or program that is audited under K-GOAL. Conference Committee Action The Conference Committee deleted all provisions of SB 316 and replaced the bill with the provisions of HB 2802, as amended by the House Committee on Elections and Governmental Organizations and SB 672, as amended by the Senate Committee of the Whole. The Senate adopted the CCR for SB 316 by a vote of 38-0. SB 359 Air Passenger Services:House Sub. for SB 359 authorizes the Secretary of Transportation to participate for a period of two years in an air passenger service support agreement with the Manhattan Area Chamber of Commerce, Inc. The bill also appropriates funding from a new fund, the North Central Kansas Air Passenger Service Support Fund in the State Treasury, for the purpose of making payments for air passenger service at the Manhattan regional airport. Payments from the new fund can be made by the Secretary of Transportation to an airline that is a party to an air passenger service support agreement and serving the Manhattan regional airport, if flights during any quarter are filled to less than 70 percent of capacity or as determined in a formula for a load factor, pursuant to a support agreement. Payments up to $1,000,000 annually will be authorized from the new fund in FY 2009 and FY 2010, but only after the Manhattan Area Chamber of Commerce, Inc., first made payments of $250,000 or more in each fiscal year for air passenger support. The bill authorizes transfers of up to $1,000,000 each fiscal year, to be certified by the Secretary of Transportation, from the Public Use General Aviation Airport Development Fund for the purpose of capitalizing the North Central Kansas Air Passenger Service Support Fund. Transfers can take place only after support agreement requirements were met each fiscal year. If any transfers will be made from the Public Use General Aviation Airport Development Fund during FY 2009 or FY 2010, the bill authorizes corresponding repayments from the Economic Development Initiatives Fund in each subsequent fiscal year. A report from the Secretary to the 2009 Legislature will be required detailing activities of the program. Conference Committee Action The Conference Committee agreed to the House amendments to the bill that address the establishment of the North Central Air Passenger Service Support Fund and a program administered by the Secretary of Transportation to implement provisions in House Sub. for SB 359. In addition, the Conference Committee added a requirement for the Secretary of Transportation to make a report to the Chairpersons of the House Appropriations Committee and the Senate Ways and Means Committee at the beginning of the 2009 Session that will detail the activities of the program. The Senate adopted the CCR for SB 359 by a vote of 37 – 2. SB 411 Parole Suitability Factors & the Sentencing Pilot Program:SB 411 amends existing law by adding three factors to the list of factors considered by the Kansas Parole Board when making determinations regarding parole suitability. The three new factors are risk factors revealed by any risk assessment of the inmate, recommendations by the staff of the facility where the inmate is incarcerated, and proportionality of the time the inmate has served to the sentence a person will receive under the Kansas Sentencing Guidelines for the conduct that resulted in the inmate’s incarceration. Additionally, the bill extends the sentencing pilot program, regarding the use of the LSI-R assessment tool, in Johnson County for two years, to July 1, 2010. Current law provides for an expiration of the program on July 1, 2008. Conference Committee Action The Conference Committee adopted the House amendments to the bill with the addition of the provisions of HB 2700, as amended by the Senate Judiciary Committee, regarding the extension of the sentencing pilot program in Johnson County for another two years. The Senate adopted the CCR for SB 411 by a vote of 37 – 2. SB 491 Prescription Monitoring:Sub. for SB 491 enacts the Prescription Monitoring Program Act and creates the Prescription Monitoring Program Advisory Committee, the Methamphetamine Precursor Scheduling Task Force, and the Veterinary Prescription Monitoring Program Task Force. The bill also requires each pharmacy in Kansas to establish a continuous quality improvement program, and amends existing law concerning nonresident pharmacies. Conference Committee Action The Conference Committee agreed to amend the bill, as passed by the House, to eliminate provisions that would have created the Methamphetamine Precursor Recording Act (SB 503, amended into the bill by the House Committee of the Whole). In addition, the Conference Committee incorporated all of the provisions of Sub. for SB 549, as amended by the House Committee on Health and Human Services, which requires each pharmacy in Kansas to establish a continuous quality improvement program and allow the Board of Pharmacy to assess civil fines against nonresident pharmacies under certain circumstances. The Senate adopted the CCR for SB 491 by a vote of 39 – 0. HB 2018 State Board of Tax Appeals:Sub. for HB 2018 renames the State Board of Tax Appeals (BOTA) the State Court of Tax Appeals (COTA) and make a number of other changes relative to the composition and duties of that entity, which will be construed to be an administrative law court within the executive branch of government. Various sections provide for the transfer of all jurisdiction, rights, powers, duties, and functions of BOTA to COTA. In addition to the three board members, who will be renamed as “tax law judges,” the bill creates a new position, chief hearing officer. The chief hearing officer, who will serve as a judge pro tempore of the Court, will be appointed by the Governor and subject to Senate confirmation (as are members of BOTA under current law and as would be judges of COTA under the bill). Any member of BOTA appointed prior to July 1, 2008 can continue to serve as a judge until his or her term expires. Additional language clarifies that the Governor can reappoint any judge, including the chief hearing officer, to additional four-year terms. All judges and the chief hearing officer are required to be selected with special reference to tax, legal, or accounting training and experience. Existing requirements that at least one member be a certified public accountant and another be a lawyer will be retained relative to the judges. A current prohibition against more than one member from any congressional district will be retained but can be waived if the Governor, after exercising due diligence, has been unable to find a qualified replacement within 90 days of a vacancy. The current small claims division of BOTA will be renamed the “small claims and expedited hearings division” of COTA. The chief hearing officer will be responsible for appointing hearing officers of this division. A current prohibition against filing fees being imposed for certain single-family residential cases will be relaxed such that a filing fee of up to $35 may be charged for appeals of decisions of the small claims and expedited hearings division to the full COTA. The Kansas Court of Appeals will have jurisdiction for review of most final COTA orders (except for certain no-fund warrant proceedings). Current law provides that district courts conduct any reviews of BOTA decisions relating to the valuation or assessment of all non-state-appraised property. Additional language clarifies that votes of two judges will be required for any final order of COTA. Additional language clarifies that the Court of Appeals will have jurisdiction for review of most final orders issued after June 30, 2008. Conference Committee Action The Conference Committee on April 2, 2008, agreed to a technical amendment relative to cases that may be currently active; and agreed to the compromise proposal that the congressional district restriction will be retained but can be waived if the Governor were to be unable to find a qualified replacement, after exercising due diligence, within 90 days. The Senate adopted the CCR for HB 2018 by a vote of 34 – 5. HB 2097 Immunizations of School Age Children:Senate Sub. for HB 2097 creates new law requiring school boards to provide information on immunizations to school age children and to parents and guardians of students in grades six through 12. The information would include:
The Department of Health and Environment will be required to provide information on immunizations to school boards. If requested by a school board, the Department will be required to provide assistance. The Department will not be allowed to charge for the information or assistance it provides. School boards will be defined as the board of education of a school district or the governing authority of any nonpublic school. The bill also requires the Kansas Department of Health and Environment to increase influenza immunization awareness and participation among parents of children age six months to five years who are enrolled in child care facilities. The Department of Health and Environment is required to have information on the benefits of annual immunization against influenza for children on its official website and to cooperate with the Department of Social and Rehabilitation Services in distributing information to parents and child care facilities in August and September every year. The Department of Health and Environment also will be required to conduct a study of the feasibility of establishing a school-based influenza vaccination pilot program including the costs and benefits of a pilot program; barriers to implementation and strategies for removing the program barriers; and the fiscal impact of a pilot program. The Department is required to submit a report on its findings to the Joint Committee on Health Policy Oversight prior to the 2009 Legislative Session and the Joint Committee ccan introduce bills or request funding for the pilot program. Also, the Department will be authorized to seek funding for implementation of the pilot study from any public or private source. The bill also requires every maternity center and medical care facility licensed by the Department of Health and Environment to adopt written policies and inform parents regarding their options for the disposition of fetal remains in an event of fetal death. Conference Committee Action The Conference Committee agreed to amend the bill as passed by the Senate to further clarify the role of school boards and the Department of Health and Environment in providing immunization information; to clarify the type of immunization information to be provided; and to clarify the requirements of the study on the feasibility of establishing a school-based influenza vaccination pilot program. The Committee also agreed to insert the provisions of Senate Sub. for HB 2341 concerning the disposition of fetal remains into the bill. The Senate adopted the CCR for HB 2097 by a vote of 39 – 0. HB 2123 Rural Housing Incentive Act:HB 2123 increases the Rural Housing Incentive Act population limits as follows:
Conference Committee Action The Conference Committee deleted the contents of HB 2123 and replaced them with the provisions of SB 363. The Senate adopted the CCR for HB 2123 by a vote of 39 – 0. HB 2186 Adoptions:HB 2186 amends the law regarding adoptions to do the following:
Conference Committee Action The Conference Committee agreed to do the following:
The Senate adopted the CCR for HB 2186 by a vote of 37 – 2. HB 2280 Firearms:HB 2280 prohibits officials, during a declared state of emergency, from seizing firearms not otherwise prohibited by law, or from requiring registration of firearms not required to be registered under state law. An individual aggrieved by a violation of this bill can bring action in court seeking redress against a person for deprivation of rights provided by the bill, and for return of a firearm seized in violation of the bill. Reasonable attorney’s fees will be awarded if the individual prevailed in court. The bill also would amend existing law by removing the Governor’s specific authority to suspend or limit the sale, dispensing or transportation of firearms during a declared state of disaster emergency. Conference Committee Action The Conference Committee rejected the Senate amendments and eliminated the entire contents of the bill, which dealt with benefit fees for certain city services. The Conference Committee replaced the bill’s contents with the contents of HB 2811, as amended by the House Committee on Elections and Governmental Organization, which dealt with the seizure of firearms during a declared state of emergency. The Senate adopted the CCR for HB 2280 by a vote of 30 - 2 HB 2343 Higher Education – Kansas Board of Regents:HB 2343 amends the Kansas Partnership for Faculty of Distinction Program. The Program, which began in FY 2002, provides for a state contribution of income earnings equivalent to the amount of interest earned on a qualifying private gift to increase funding for eligible educational institutions by supplementing the endowed professorships’ salaries and providing additional support for assistants, travel, equipment, and other expenses. The amount of interest earned is based on the average net earnings rate of the Pooled Money Investment Board portfolio. Under current law, no additional qualifying gifts can be certified by the State Board of Regents when the total of all transfers to the State General Fund for the earnings equivalent awards for a fiscal year is equal to or greater than $5.0 million, which is estimated to occur in FY 2009. The bill increases the limit to $6.0 million in FY 2009, $7.0 million in FY 2010, and $8.0 million in FY 2011 and in each fiscal year thereafter. Conference Committee Action The Conference Committee amended the bill to increase the limit of all transfers to the State General Fund for the earnings equivalent awards for a fiscal year to $6.0 million in FY 2009, $7.0 million in FY 2010, and $8.0 million in FY 2011 and in each fiscal year thereafter. The Committee also deleted all provisions of HB 2343 that clarifies language on vacation leave policies at state universities. The Committee also deleted all provisions of HB 2343 that:
The Senate adopted the CCR for HB 2343 by a vote of 38 – 1. HB 2562 Commission on Veterans’ Affairs:Sub. for HB 2562 amends the statute on veterans preference, and prohibits a veterans service representative of the Kansas Commission on Veterans Affairs (KCVA) from taking power of attorney in the name of the KCVA when assisting a veteran with a claim. Veterans Preference. The bill gives preference to veterans for initial employment and first promotion with state government and with counties and cities, if the applicant is competent and subject to additional limitations. The bill includes the following provisions:
KCVA and Power of Attorney. These provisions prohibit a veterans service representative of the KCVA from taking power of attorney in the name of the KCVA when assisting a veteran with a claim. The KCVA will not be prohibited from assisting any veteran with any claim in which a power of attorney is not required. Conference Committee Report The Conference Committee agreed to add the contents of HB 2663, on the KCVA and power of attorney, to the bill. The Senate adopted the CCR for HB 2562 by a vote of 39 – 0. HB 2590 Counties, Taxation & Capital Improvements:Senate Sub. for HB 2590 provides for the financing of certain capital improvement and other projects in various counties. Brown County will be granted additional authority of up to 1.0 percent for construction of a new correctional facility. Barton County will be granted additional authority of up to 0.5 percent for roadway and bridge construction and infrastructure development. Butler County will be granted additional authority of up to 1.0 percent for public safety capital projects or bridge and roadway construction. Jefferson County will be granted additional authority of 0.25 percent to finance the county’s obligation as participating employer in the Kansas Public Employees Retirement System for certain eligible police and firefighters. Wilson County will be granted additional local sales tax authority of up to 1.0 percent to finance roadway construction and improvements to federal highways, the development of a new industrial park, and other public infrastructure improvements. Any such taxes imposed in all counties first require the approval of voters. The Barton County tax, which will be shared with cities, would sunset in 10 years. Taxes in the other four counties, which will not be shared with cities, will sunset once payment of all costs incurred in financing the different projects or revenue bonds were paid. Relative to Wilson County, the bill also authorizes the Kansas Development Finance Authority (KDFA) to issue up to $8 million in revenue bonds for utility and infrastructure facility projects and for certain transportation projects. The bill further creates the Wilson County Capital Improvements Fund (WCCIF) into which all sales tax monies will be deposited from any tax imposed in that county. All expenditures from the WCCIF will be required to pay all costs associated with any revenue bonds issued by KDFA relative to the improvement projects. An additional section provides for the transfer to the WCCIF of severance tax receipts that under current law will be set aside for the county’s special trust account until such time as the costs associated with the KDFA revenue bonds had been paid. Conference Committee Action The Conference Committee on April 2, 2008, agreed to insert all local sales tax provisions contained in HB 2932. The Senate adopted the CCR on HB 2590 by a vote of 38 – 1. HB 2642 Commission on Judicial Performance:HB 2642 amends the law regarding the Commission on Judicial Performance to grant immunity in any civil action to the Kansas Supreme Court, the Commission on Judicial Performance, the Judicial Council, and the staff of these entities for any act, error or omission within the scope of their official duties. The bill also expands the term “judge,” regarding those judges who can be members of the Commission on Judicial Performance, to include a retired judge under a written agreement with the Kansas Supreme Court. Confidentiality provisions will allow the Commission or agents of the Commission to have access to names, addresses, and other necessary information of appropriate persons in the discharge of the Commission duties. No confidential information in court can be revealed to any other person by the Commission or agents of the Commission. Another provision exempts the Commission from the application of the campaign finance law when the Commission is performing its statutory duties. Additionally, the bill requires surveys to be taken of persons the Commission determines appropriate who have had sufficient experience with a judge or justice to form an opinion about the performance of the judge or justice, such as attorneys, litigants, jurors, witnesses, court staff and others. Further, the bill delays the appointment of the fourteenth Court of Appeals Judge until 2010. Agents under contract with the Commission will be indemnified and held harmless in any cause of action arising out of the agent’s use of information provided by the State within the scope of their contractual duties. An agent will not be indemnified or held harmless for an agent’s intentional or negligent acts. Conference Committee Action The Conference Committee has reached an agreement on the bill to include a delay regarding the fourteenth Court of Appeals Judge to 2010. The Senate adopted the CCR for HB 2642 by a vote of 39 – 0. HB 2672 Bariatric Surgery & the Kansas Health Policy Authority:HB 2672, as amended, requires the Kansas Health Policy Authority (KHPA) to conduct a study on the topic of bariatric surgery for the morbidly obese and other insurance issues. The bill identifies issues associated with the topic: emerging research evidence of the positive health impact (of the surgery) for the morbidly obese; qualifications of the patients and surgeons when the surgery is appropriate or necessary; and cost analysis with insurance and Medicaid reimbursement. The bill also requires the Kansas Health Policy Authority, in collaboration with the Insurance Commissioner, to conduct a study on: the impact of extending coverage for bariatric surgery in the State Employee Health Benefit Program, the affordability of coverage in the small business employer group and the high risk pool; and the possibility of reinsurance or state subsidies for reinsurance. The Kansas Health Policy Authority will be required to submit a report on its findings to the Joint Committee on Health Policy Oversight on or before November 1, 2008. The report also will be required to be submitted to the Senate Financial Institutions and Insurance Committee and the House Insurance and Financial Institutions Committee on or before February 1, 2009. The Joint Committee, the bill states, may introduce bills based on the study findings. All departments, boards, agencies, officers and institutions of the state will be required to cooperate with KHPA in carrying out the duties outlined in the bill. The bill also makes technical amendments to replace references to the Health Care Data Governing Board (HCDGB) with references to the Kansas Health Policy Authority (KHPA) in several statutes. In addition, the rules and regulations of the HCDGB related to the client assessment, referral and evaluation (CARE) data entry form would be deemed to be rules and regulations of KHPA until revised, revoked or nullified pursuant to law. Conference Committee Action The Conference Committee agreed to the Senate version of the bill, with technical changes. The Senate adopted the CCR on HB 2672 by a vote of 39 – 0. HB 2700 Removal of Dead Bodies & Organ Procurement:HB 2700, dealing with the removal of dead bodies, allows the body to the taken to a federally certified organ procurement organization serving Kansas in addition to the currently listed facilities. The release of a body to be transported to an organ procurement organization can be released only in the following priority order: an agent of the decedent who may have made an anatomical gift immediately before the decedents death; the spouse of the decedent; adult children of the decedent; the parents of the decedent; adult siblings of the decedent; adult grandchildren of the decedent; grandparents of the decedent; guardians of the decedent; an adult who exhibited special care and concern for the decedent and who was familiar with the decedent’s personal values; and any other person with the authority to dispose of the decedent’s body. When there is more than one member of the listed categories, except for the last one, and there is a known objection by another member, the gift can only be made by a majority of the members of the category. A person cannot make an anatomical gift if, at the time of the decedent’s death, a person in a prior category is available to make or object to the making of an anatomical gift. Conference Committee Action The Conference Committee agreed to do the following: place the provisions of HB 2678, dealing with the removal of dead bodies, into HB 2700; and insert the original provisions of HB 2700 into SB 411. The Senate adopted the CCR on HB 2700 by a vote of 35 – 4. HB 2721 Kansas Board of Cosmetology:HB 2721, if enacted, amends a number of statutes that govern persons licensed by the Kansas Board of Cosmetology including cosmetologists, persons engaged in the body arts (tattooing, cosmetic tattooing, and body piercing), estheticians, nail technologists, electrologists, and schools and tanning salons licensed by the Board. Changes in Practice Definitions The bill changes the definition of cosmetology to limit cosmetology practices to those that are done for esthetic rather than medical purposes and to limit cosmetology practices relating to hair removal to temporary hair removal by the use of hands or mechanical or electrical appliances, other than electric needles. The same changes are made in the definition of esthetician. Prohibited Practices The statute that sets out those practices relating to cosmetology, esthetics, nail technology, and electrology that are limited to persons licensed by the Board would be amended to include, tattooing, cosmetic tattooing, or body piercing and further amended to prohibit cosmetologists, nail technologists, estheticians, and electrologists from providing a service using a medical device registered with the federal Food and Drug Administration or defined by state or federal law that may be distributed only on the order of a physician. The prohibition does not keep licensees of the Board of Cosmetology from providing services using a medical device on the order of and under the supervision of a physician in a location maintained by the physician. For the purposes of the act under which cosmetologists are regulated, the term physician is defined as a person licensed by the Board of Healing Arts to practice medicine and surgery. Licensed Schools Pursuant to the bill, schools of cosmetology, from and after July 1, 2009, will have to have a student-instructor ratio of at least one instructor for every 25 students on the floor where consumer services are provided and one instructor for every 25 students in the instructional classroom and require not less than 1,000 clock hours of instruction rather than the 650 clock hours currently required. The same student-instructor ratio will apply to schools teaching nail technology from and after July 1, 2009. The amendments make the same instructor-student ratio applicable to schools teaching esthetics and the number of required clock hours of instruction will increase from 650 to 1,000 hours on and after July 1, 2009. The statutory language that relates to schools teaching electrology will be amended to clarify that such schools are required to have one full-time instructor for every four students on the floor where consumer services are provided in addition to one instructor for every four students in the instructional classroom as of the effective date of the bill. Applicants for Reciprocal Licensure or Licensure by Examination Under amendments proposed by the bill, applicants for a reciprocal license to practice cosmetology, esthetics, or electrology and all applicants for licensure by examination will no longer have to submit a written statement from a person licensed to practice medicine and surgery showing the applicant to be free of infectious or contagious disease. Apprenticeship Requirements Applicants for examination and licensure as an esthetician will be required under the amendments to have completed not less than 1,000 rather than 650 clock hour of apprenticeship in a licensed school. General Provisions As provided by new language that will be added to a statute that concerns the display of licenses, each holder of a salon, clinic, or school license will be required to display the sanitation standards prescribed by the Secretary of Health and Environment in a conspicuous place in addition to the inspection reports and licenses now required to be displayed. Other amendments require disciplinary actions taken by the Board to be in accordance with the Kansas Administrative Procedure Act and clarify the Board’s authority to assess civil penalties in addition to other disciplinary actions. Allowing any individual to engage in activities that require a license will be added to those violations for which a disciplinary action may be taken. Tanning Facilities A statute that concerns the licensing of tanning facilities by the Board of Cosmetology will be amended to give the Board the authority to deny or refuse to renew a license and to assess a fine not in excess of $1,000 against a licensee for each of the violations of the law set out in the statute. Body Arts The act under which tattoo artists, permanent color technicians, and persons engaged in body piercing are licensed will be amended to change the definition of “permanent color technician” to “cosmetic tattoo artist,” and to define the term “body piercer.” References to tattoo and body piercing facilities will be changed to establishments, and the definition of body piercing will be changed to limit the practice to puncturing the skin with needles. New definitions of cosmetic tattooing establishment, court appointed guardian, needle, trainer and apprentice will be added to the act. Technical changes will be made in several statutes to reflect the terminology changes that will be created by the bill. New violations will be added to the list of violations that can result in a disciplinary action, including: producing an indelible mark or figure on the body of another by scarring, using scalpels or other related equipment; producing an indelible mark or figure on the body of another by branding, using a hot iron or other instrument; and using any instrument, other than a needle, for the purpose of tattooing, cosmetic tattooing, or body piercing. A violation of any of the restrictions noted above will constitute a class A misdemeanor. New licensure requirements will be created by the bill, including: making license application fees nonrefundable; expanding the requirements for licensure as a tattoo artist, cosmetic tattoo artist, or body piercer to require:
Licensees will be required to complete five hours of continuing education, approved by the Board, in infection control and blood-borne pathogens as a condition of annual license renewal. Further amendments to the act set out new procedures for renewal of a license within six months after it expires, as well as procedures if renewal is sought more than six months after a license expires; require each establishment for tattooing, cosmetic tattooing, or body piercing to be inspected by the Board to ensure proper safety and infection control techniques are followed before an establishment license is issued; and require each establishment to post its license conspicuously. The bill expands the disciplinary actions available to the Board for tattoo artists, cosmetic tattoo artists, or body piercers to add options for censure, limiting or conditioning a license, refusing to renew a license, and assessing a fine. The list of violations that can trigger disciplinary action will be expanded by adding:
The bill requires civil fines assessed against tattoo artists, cosmetic tattoo artists, and body piercers to be deposited in the Cosmetology Fee Fund, rather than the State General Fund. Conference Committee Action The Conference Committee amended the bill to include a definition of physician and to delete the word “licensed” before the word “physician” to conform the language with the new definition. The Senate adopted the CCR for HB 2721 by a vote of 38 – 1. HB 2727 Sexual Assault, Kits & Storage:HB 2727 amends current law regarding sexual assault and specifically, sexual assault kits. Under provisions of the bill, a victim can request a sexual assault examination. All sexual assault kits will be sealed and kept in Kansas Bureau of Investigation (KBI) storage units for five years. Rule and regulation authority will be granted to the KBI, as necessary to implement provisions of the bill. Another provision allows that if an examination was conducted solely upon the request of the victim, the medical facility can not notify a law enforcement agency without the written consent of the victim, unless otherwise required by law. Immunity will be allowed for a medical facility as a result of notifying or failing to notify any law enforcement agency if an examination has occurred solely upon the request of the victim and notification is not otherwise required by law. In addition, the bill provides that the fee for conducting an examination of a victim will not be charged or billed to the victim or to the victim’s insurance carrier. However, a county will be required to charge the defendant for those costs, which will be assessed as court costs. The bill clarifies that costs of the examination fees will be reimbursed to the county. Conference Committee Action The Conference Committee reached an agreement that costs of the examination fees that are collected will be reimbursed to the county. The Senate adopted the CCR on HB 2727 by a vote of 38 – 1. HB 2771 Kansas Age Discrimination in Employment Act:HB 2771 amends the Kansas Age Discrimination in Employment Act to raise the age protection from the current 18 years of age to 40 years of age. The bill also adds a new provision stating that nothing in the Act could be construed to be inconsistent with the non-discrimination provisions under another provision of state or federal law. The bill also allows the Department of Labor to establish rules and regulations necessary to enforce laws against discrimination in employment relating to domestic and sexual abuse victims. Under current law, an employer cannot terminate the employment of a victim of domestic violence or sexual abuse when that termination is based upon the individual missing work for reasons related to domestic or sexual abuse. The bill also makes two changes to the Employment Security Law. The first amendment allows the Department of Labor to not make refunds for contributions for less than $5. Under current law, a refund for contributions, benefit cost payments or interest of less than $1 is not required by the Department of Labor. Second, the bill requires employers or third-party administrators to file wage reports and contribution returns electronically and make payment of contributions, benefit cost payments, or reimbursing payments by electronic means as well. The requirements will be phased in over the next three years as follows:
This requirement can be waived by the Secretary of Labor if an employer demonstrates a hardship in complying with these requirements. Conference Committee Action The Conference Committee agreed to strike the reference to KSA 2007 Supp. 44-1131, as it applies to rule and regulation authority. This statute contains definitions used in the Discrimination in Employment Act. The Senate adopted the CCR for HB 2771 by a vote of 39 – 0. HB 2892 Underground Crude Oil Storage:HB 2892 requires the Secretary of Health and Environment to adopt rules and regulations governing underground crude oil storage not later than January 1, 2009. The Secretary also will be required to appoint an advisory committee to assist with the promulgation of such rules and regulations. The committee will consist of five members knowledgeable in areas related to crude oil storage. In addition, the bill expands the membership of the Advisory Committee on Regulation of Oil and Gas Activities from ten members to 12. One of the new members will be appointed jointly by the Kansas Farm Bureau and the Kansas Livestock Association and will be an owner of a surface interest. The other new member will be appointed jointly by the Southwest Kansas Royalty Owners Association and the Eastern Kansas Royalty Owners Association and will be an owner of a mineral interest. Conference Committee Action The Conference Committee agreed to specify in the bill that the Farm Bureau and Livestock Association designated member of the Advisory Committee be an owner of a surface interest only and that the designee of the royalty owners associations be an owner of a mineral interest only. The Senate adopted the CCR for HB 2892 by a vote of 39 – 0. |
TOLL FREE LEGISLATIVE HOTLINE The State Library will continue its practice of operating the toll free hotline for Kansans to call their legislators and leave brief messages. The hotline number is 1-800-432-3924. If you know of others who would like to receive this newsletter, have them visit my website and subscribe to my mailing list. If you are receiving this newsletter via email and would like to be taken off my list, just click on the "Unsubscribe from this list..." link at the bottom of this message. NOTE: I receive many emails and I need to make certain I am responding to my constituents and not to somebody in another part of the state. I want to be responsive to you, so please include your street address so that I know I am being responsive to my constituents. My legislative district includes: Barton, Dickinson, Ellsworth, Lincoln, Marion, McPherson and Rice counties. |