SENATE HIGHLIGHTS
WEEKLY OVERVIEW
It was a big week in the Kansas Senate, as we spent most of the week on the floor debating and voting on legislation. We passed 45 bills, confirmed 4 appointments to boards and authorities, and sent numerous bills to the Governor’s desk for his signature. The Governor has now signed 12 bills into law this session and vetoed two. By law, the Kansas governor has 10 calendar days to sign the bill into law, veto the bill or allow the bill to become law without his signature.
At this point in the session, most committees have wrapped up their work – only exempt committees, including Ways & Means, Assessment & Taxation and Federal & State Affairs, are still holding standing meetings.
Additionally, Conference Committee work has begun to gear up, and we anticipate to vote on Conference Committee reports all this week. A Conference Committee is a small, bipartisan and bicameral committee that works to smooth out the differences between the House’s and Senate’s version of a similar bill. Once the Conference Committee comes to a compromise, the committee’s version of the bill will be sent to both the House and the Senate for a final vote, before advancing the bill to the Governor’s desk.
This week is the last legislative week before first adjournment, so debating Conference Committee will be a top priority to ensure we can get as many bills to the Governor’s desk as possible before the break.
HB 2044 – Medicaid Expansion
On Monday, the Kansas Senate debated HB 2044 – Establishing the KanCare bridge to a healthy Kansas program and providing Medicaid reimbursement for clubhouse rehabilitation services. This bill, a Medicaid expansion bill, passed the House with a vote of 81-44 earlier this month, and passed out of the Senate Public Health and Welfare Committee on voice vote last week. Debate on this bill was robust, especially in the wake of the Republican-led Congress’s inability to push through an anticipated repeal and replace vote on the Affordable Care Act, which would have dramatically altered Medicaid and states’ expansion eligibility.
The bill would expand Medicaid coverage to Kansans making up to 133 percent of the federal poverty rate totaling about 150,000 otherwise uninsured Kansans. HB 2044 passed the Kansas Senate 25-14.
Thursday morning, the Governor vetoed HB 2044 and the House began debate on the bill, in anticipation of voting on the veto. After hours of debate, a representative made a Motion to Lay on the Table, delaying the debate until further notice. The House now has 30 days to vote to override the veto. If the House overrides the veto with 2/3 majority, the bill will then come to the Senate for a vote; if the House fails to override and sustains the veto, the bill is dead for this legislative session.
Senate Substitute for SB 189 – Appropriations for FY’17-20
On Thursday, the Senate passed Senate Substitute for SB 189, an appropriations bill containing FY 2017 adjustments and a two-year budget for FY 2018 and FY 2019. The proposed budget includes additional funding for the University of Kansas and Kansas State University to moderately restore the cuts both these schools received in 2016. It also includes funding for a two percent pay raise for state employees, who haven’t seen an across-the-board increase in 10 years. (The raise does not apply to legislators.) The bill removed many of the Governor’s budget proposals, such as selling off the state’s future tobacco settlement payments in exchange for a lump sum and consolidating all K-12 school employees into a single state-run health plan. During debate on the floor, an amendment was brought to allow the Senate to wait until May, once updated revenue estimates are received, to decide whether to add roughly $140 million to make a final quarterly payment into KPERS in 2018 and another $198 million at the end of fiscal year 2019. The bill would spend roughly $6.3 billion State General Fund (SGF) and close to $16 billion all funds. This does not include any additional funding for K-12 education, which is being handled through separate bills in both the House and Senate.
FLOOR ACTION:
STATUTORY REFERENCES RELATING TO KDADS – SB 217 updates several statutory references in accordance with SB 449 a bill which was enacted in 2016. SB 217 would replace the term “mentally retarded and other handicapped persons” in statutes with “individuals with intellectual or other disabilities” in accordance with current law.
KANSAS PHARMACY ACT – HB 2030 changes the minimum age from 18 to 12 years of age for a person to whom a pharmacist or a pharmacy student or intern working under the direct supervision and control of a pharmacist would be authorized to administer a vaccine, other than the influenza vaccine, pursuant to a vaccination protocol and with the requisite training. The bill would allow the person vaccinated or, if the person is a minor, the parent or guardian of the minor, to opt out of the registry reporting requirement.
DIABETES INFORMATION REPORTING -HB 2219 would require the Secretary of Health and Environment to identify goals and benchmarks and develop plans to reduce the incidence of diabetes in Kansas, improve diabetes care, and control complications associated with diabetes.
HEARING PROCESS FOR THE DEPARTMENT OF AGRICULTURE – HB 2312 would require that notice be provided and there is an opportunity for a hearing under the Kansas Administrative Procedure Act before final action could be taken on the certain fertilizer orders.
BOARD OF NURSING – HB 2025 would make several changes to law regarding the Board of Nursing. Of those changes, the bill would allow appointment by the Attorney General of more than one assistant attorney general to represent the Board. Current law provides for the appointment of an assistant attorney general, whose salary is paid from the Board of Nursing Fee Fund to represent the Board in proceedings arising in the discharge of its duties and to perform duties of a legal nature as directed by the Board. The bill would also amend the Kansas Nurse Practice Act to authorize the Board to revoke a license for three years and establish an application fee not to exceed $1,000 for the reinstatement of a revoked license. The bill would allow a person whose license has been revoked to apply for reinstatement after three years from the effective date of the revocation.
CHILD CARE FACILITIES BACKGROUND CHECK AND SLEEPING AREA REQUIREMENTS –Senate Sub. for HB 2304 would amend the statute governing standards and regulation of maternity centers and child care facilities and the statute concerning restrictions on persons interacting with child care facilities. The bill would require child care facilities to ensure children under 12 months of age could be placed to sleep only on a surface and in an area approved for use as such by the Secretary of Health and Environment and the sleep surface would be required to be free from soft or loose bedding, including blankets, bumpers and pillows, as well as toys, including mobiles and other types of play equipment or devices. Child care facilities would be required to ensure that children over 12 months of age are placed to sleep only on a surface and in an area approved for use as such by the Secretary.
GREAT PLAINS INTERSTATE FIRE COMPACT – HB 2140 adopts the Great Plains Interstate Fire Compact, and immediately authorize the Governor of Kansas to enter into an interstate compact to promote effective prevention and control of forest fires in the Great Plains region of the United States.
LICENSES, PERMITS STAMPS AND OTHER ISSUES OF THE KANSAS DEPARTMENT OF WILDLIFE, PARKS AND TOURISM – HB 2191 would make several technical changes to law pertaining to hunting and fishing regulations. The bill would amend current law that allows a resident of Kansas charged with violating provisions of law requiring a license, permit, stamp, or other issue from the Kansas Department of Wildlife, Parks and Tourism (KDWPT) to avoid being convicted if the person presents to the court or the office of the arresting officer an issue of KDWPT that was valid at the time of the arrest. The bill would amend the provision to require the issue of KDWPT to be valid at the time of the person’s alleged violation rather than on the date of the arrest.
FINGERPRINTING OF APPLICANTS FOR A RESIDENT INSURANCE AGENT LICENSE -HB 2067 would modify a provision in the Uniform Insurance Agents Licensing Act concerning application requirements for resident agent licensure to authorize the fingerprinting of resident insurance agent applicants for the purposes of obtaining a state and national criminal history record check. Under the bill, the Insurance Commissioner would be permitted to require an applicant to be fingerprinted and submit to a state and national criminal history record check. The fingerprints would be used to identify the applicant and to determine whether the applicant has a record of criminal arrests and convictions in Kansas or in other jurisdictions.
GOVERNING BODY MEMBERS, CERTAIN VOLUNTEER ACTIVITIES – HB 2137 would allow any county commissioner or member of a city governing body to serve as an emergency medical service volunteer, ambulance service volunteer, or volunteer fire fighter, and receive the usual compensation or remuneration for their volunteer service.
BOARD OF COUNTY COMMISSIONERS MEETINGS – HB 2102 would require the board of county commissioners meet on such days and times each month as established by resolution adopted by the board. The bill would strike language differentiating meeting requirements of commissioners in counties with more than 8,000 inhabitants. HB 2102 would allow for a special session to be called for the transaction of any business by a call of most board members and would remove language about transacting general or special business and calling special sessions as often as the interest and business of the county may demand. Additionally, the bill would replace the term “chairman” with “chairperson.”
MUNICIPALITIES; CONTRACTS WITH OTHER MUNICIPALITIES – HB 2094 would expand the definition of “municipality” in the statute allowing contracts between municipalities to include a school district, library district, road district, water district, drainage district, sewer district, fire district, park and recreation district, recreation commission, any other political or taxing subdivision, or any other authority, commission, agency, or quasi-municipal corporation created by state law. Currently, only a city, county, or township is included in the definition. The bill also would exempt from review by the Attorney General interlocal cooperation agreements entered into for joint or cooperative action that is subject to the oversight and regulation of a Kansas regulatory agency.
EXPANSION OF COMMISSIONERS – HB 2006 would address how vacancies on county commissions are filled when the vacancies are created by an increase in the number of county commissioner districts pursuant to KSA 2016 Supp.19-204. The bill would remove the requirement that the Governor appoint the new members and would replace it with a requirement to hold an election.
ADVANCE BALLOTS SUBMITTED BY MAIL ON ELECTION DAY – HB 2158 adds a requirement that all advance voting ballots received at any polling place in the county not later than the hour for closing of the polls on any election date for all elections be delivered by the county election officer to the appropriate special election board. The bill would also add requirements for the receipt by mail of advance ballots be delivered to a special election board or the county board of canvassers, in a manner as consistent as possible with canvassing of other advance ballots, those received after the closing of the polls on the date of any election and which are postmarked before the close of the polls on the election date.
KANSAS OPEN RECORDS ACT – SB 86 would modify the Kansas Open Records Act (KORA) regarding fees charged for public records, who may request and inspect public records in Kansas, and the format of minutes kept at meetings of state legislative and administrative bodies and agencies.
LOTTERY TICKET VENDING MACHINES – HB 2313 allows the use of lottery ticket vending machines, amends law concerning underage purchasing of lottery tickets, repeals the sunset provision for the Kansas Lottery in current law, amends law directing transfers from the Lottery Operating Fund, and amends law concerning the State Debt Setoff Program.
BICYCLE REAR LAMP OR REFLECTOR – HB 2170 requires a bicycle in use at nighttime to be equipped on the rear with a red reflector visible from 100 feet to 600 feet, a lamp emitting a red light visible from 500 feet, or the operator wearing clothing that emits light visible from 500 feet. Current law requires both a reflector and a red light visible from the rear and also a lamp on the front emitting white light.
DISTINCTIVE LICENSE PLATES AND DECALS ON DISTINCTIVE LICENSE PLATES – Senate Substitute for HB 2174 establishes two distinctive license plates, authorize decals on distinctive license plates to indicate transportation of a person with a disability, and authorize additional decals indicating military honors on certain military-related distinctive license plates. The bill establishes the Autism awareness license plate. The new plate will require paying annual vehicle registration fees and a logo use royalty fee of between $25 and $100 to the organization Autism Hope for Families, Inc. Royalties would be deposited into the Autism Awareness Royalty Fund, which the bill creates. The bill also establishes Kansas 4-H Foundation license plate which would require an annual vehicle registration fee and a logo use royalty fee of between $25 and $100 to the Kansas 4-H Foundation, Inc. Those royalties would be deposited into the Kansas 4-H Foundation Royalty Fund, which the bill creates.
SPECIAL VEHICLE PERMIT FOR CERTAIN VEHICLE COMBINATIONS – HB 2095 would authorize the Secretary of Transportation (Secretary) to issue an annual overweight divisible load operating permit for a truck-tractor semitrailer combination vehicle and a truck-tractor semitrailer, trailer combination vehicle with a gross vehicle weight of more than 85,500 pounds but not more than 90,000 pounds transporting divisible loads on 6 or more axles. The permit would be with respect to highways under the Secretary’s jurisdiction, including city connecting links. The fee for the annual permit would be $200, and collected fees would be deposited into the State Highway Fund. No single-trip permits would be issued. This bill passed the Senate 39-1.
DEATH BENEFITS FOR KP&F SPOUSES – HB 2111 would revise death benefits for certain surviving spouses covered by the Kansas Police and Firemen’s Retirement System (KP&F). Upon the service-connected death of a KP&F member, the member’s spouse would receive an immediate lump-sum benefit equal to 100 percent of the member’s final average salary and an annual spouse’s benefit equal to the greater of: Fifty percent of the member’s final average salary or the amount the member would have been paid had the member elected the joint and survivor retirement benefit option and retired as of the first day of the month following the date of death.
KPERS LICENSED SCHOOL WORKING AFTER RETIREMENT EARNINGS LIMITATION – SB 138 changes the Kansas Public Employees Retirement System (KPERS) pertaining to working after retirement. The bill would exempt from the earnings cap those retirees who retired on July 1, 2009, or later; were retired for more than 60 days prior to July 1, 2017; and were subsequently hired in a school position requiring a license. Under current law, only retirees who retired prior to May 1, 2015, are eligible for this exemption. The special exemption, which is scheduled to sunset on July 1, 2020, would become permanent. The bill would repeal the 48-month or four school-year limit on the term of employment. The special exemptions for special education and certified hard-to-fill positions would be eliminated; the exemption for licensed school personnel would remain.
ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT – Senate Sub. for HB 2053 would enact the Asbestos Bankruptcy Trust Claims Transparency Act (Act), which would require plaintiffs to provide certain statements and materials within 30 days of filing an asbestos action or within 30 days after the effective date of the Act. The bill would define “asbestos action” to mean a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. Specifically, a plaintiff would be required to provide a sworn statement indicating an investigation of all asbestos trust claims has been conducted and all asbestos trust claims that can be made by the plaintiff have been filed, as well as all trust claims materials.
PAGES – MARCH 2017
Four groups of pages from Senate District 36 visited the Capitol in the month of March. Sonny Johnson, Burr Oak, Brent Kussman, Formoso, Braden Brownell, Rope Dorman, Scott Blochlinger, Luke Blochlinger – Eagle Scouts from Concordia, Katherine Krauss and Shelby Ney, Russell, Trent Beier, Kaitlyn Beikmann, Clifton and Haley Uffman from Greenleef. They met Governor Brownback, took the Dome tour, worked in my office and ran errands for the Senate during session.
Visitors from Senate District #36
Two senior classes from home visited Topeka and the Capitol this week sponsored by Farm Bureau – Rock Hill School from Jewell County and Stockton High School from Rooks County. Each class was able to tour the building and climb the 296 steps to the top of the dome. The Aggregate Producers & KS Ready Mixed Concrete Association members held their annual meeting and met with legislators Tuesday night.
Thank You for Engaging
Thank you for all of your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate.
As always, I’ll keep you updated on the activities of the Senate while we continue through the last week before the break this spring. I always encourage you to stay informed of the issues under consideration by the Kansas Legislature. Committee schedules, bills, and other helpful information can be easily accessed through the legislature’s website at www.kslegislature.org. You are also able to ‘listen in live’ at this website. The Senate will be in session each day at 10:00 a.m. Please do not hesitate to contact me with your thoughts, concerns, and suggestions. An email is the best at this point in the session.
Thank you for the honor of serving you!
Senator Elaine Bowers, R-Concordia, 36th District
Kansas State Capitol Building
Room 223-E
300 SW 10th St.
Topeka, KS 66612
[email protected]
(785) 296-7389