SENATE HIGHLIGHTS
Thursday marked a critical deadline known as “turnaround,” marking the official halfway point for the 2018 Legislative session. It was a busy week for the Senate, as we spent three full days debating and voting on bills ahead of the Turnaround deadline. After being on the floor all day Tuesday, Wednesday, and Thursday, the Legislature will break until February 28th to give clerical staff time to process the significant amount of paperwork resulting from this week. By “turnaround,” a bill, with few exceptions, must have passed its Chamber of origin in order to be considered by the other Chamber before session is over for the year. When the Senate returns on Wednesday, the focus will be to consider bills passed by the House Chamber and bills exempt from the Turnaround deadline.
GOVERNOR COLYER’S FIRST BILL SIGNING
Senate Bill #262 was signed on Wednesday, February 21st, at the Eisenhower Presidential Library in Abilene. Citizens and staff of the library along with myself, Senator Hardy, Representative Barker and President Eisenhower’s family watched as Governor Colyer signed the first bill of his tenure as governor. Merrill Eisenhower Atwater, the great-grandson was also in attendance and participated in both the Senate and House hearings last month with the bill passing out of both Chambers unanimously. SB262 will allow a statue to be placed on the capitol grounds. It will be placed just off the horseshoe drive near the main public entrance on the north side of the building and was made with the same mold that created the statue of Eisenhower that stands in the US Capitol Statuary hall. The statue of Eisenhower made by Jim Brothers was based on a photograph taken while the general conversed with paratroopers on June 5, 1944, the day before the D-Day invasion. He was discussing fly fishing with the men. The Capitol Preservation Committee heard the bill originally in 2017 and recommended it for a full hearing in the 2018 session. This committee oversees the capitol grounds and approves additions and modifications to the grounds with legislative approval. The unveiling is scheduled for President Eisenhower’s birth date October 14, 2018.
FLOOR ACTION THIS WEEK
MAXIMUM WEIGHT LIMITS OF EMERGENCY VEHICLES: Senate Bill 391 prohibits emergency vehicles from operating if their gross weight exceeds 86,000 pounds.
UNLAWFUL PASSING OF A WASTE COLLECTION VEHICLE: Senate Bill 272 regulates the passing of a waste collection vehicle by requiring motorists to change lanes if possible or slow down when passing a stationary waste collection vehicle that is in the process of collecting waste.
EXTENDING HOURS OF ALCOHOLIC BEVERAGE SALES: House Bill 2482 allows for the sale of alcohol to begin at 6:00 a.m. Currently, establishments may not sell drinks between the hours of 2:00 a.m. and 9:00 a.m.
SEATBELT USAGE ADMISSIBLE IN COURT: Senate Bill 296 allows for evidence of failure of seatbelt usage to be considered in court cases to determine any aspect of comparative negligence or mitigation of damages. Currently, the law now states that such evidence shall not be admissible.
ADDITION TO THE LIST OF DESIGNATED STATE PARKS: Senate Bill 331 adds to the list of designated state parks the Flint Hills Trail State Park located in Miami, Franklin, Osage, Lyon, Morris, and Dickinson counties, and Little Jerusalem Badlands State Park located in Logan County.
AGENCIES RESPONSIBLE FOR PROCUREMENT INDEPENDENT AUDITS: Senate Bill 260 would transfer the responsibility for procuring independent audits from the Legislative Division of Post Audit (LPA) to the audited agencies.
CREATION OF THE LIQUOR LICENSE MODERNIZATION FEE: House Bill 2362 would amend the liquor license fees by creating a $20 alcoholic beverage control (ABC) modernization fee to be charged on both initial and renewal liquor license applications. The bill would reduce the initial application fee for a liquor license from $50 to $30 plus the $20 modernization fee. The $20 modernization fee would also be added to the renewal application fee which would remain at $10.
AMENDING THE REVISED KANSAS CODE FOR CARE OF CHILDREN AND THE NEWBORN INFANT PROTECTION ACT: Senate Bill 221 would delete the term “extended out of home placement” and replace it in various sections in the Code with the specific time frame of when a child has been in the custody of the Secretary for Children and Families.
TOWNSHIPS AND THE SPECIAL HIGHWAY IMPROVEMENT FUND: Senate Bill 314 would add “township” to the definition of “municipality,” and would add “township board” to the definition of “governing body” to allow a township, as well as a city or county as in current law, to transfer funds into a special highway improvement fund.
ABOLISHING THE BOILER INSPECTION FEE FUND: Senate Bill 353 would abolish the Boiler Inspection Fee Fund and transfer all liabilities and any balance within this fund to the Fire Marshal Fee Fund of the Office of the State Fire Marshall.
AMENDING THE DEFINITION OF ESCAPE IN CRIMES OF ESCAPE AND AGGRAVATED ESCAPE FROM CUSTODY: Senate Bill 310 amends the law governing the crime of escape from custody. The bill would amend the definition of “escape” to include failure to return to custody following temporary leave lawfully granted by a custodial official authorized to grant such leave.
PROHIBITING THE OUTSOURCING OR PRIVATIZATION OF CORRECTIONAL FACILITIES: Senate Bill 328 would require prior legislative authorization for any state agency to enter into an agreement or take any action to outsource or privatize security operations of correctional or juvenile correctional facilities operated by a state agency.
LOBBYING TRANSPARENCY BILL: Senate Bill 394 would expand the definition of “lobbying” to include lobbying of the executive and judicial branches. SB 394 requires lobbyist registration of anyone attempting to influence a member of the executive or judicial branch. Currently, the law only requires registration for those attempting to influence legislative action. This bill passed the Senate 40-0.
ELECTRONIC DELIVERY FOR EXPLANATION OF BENEFITS AND MEMBER POLICIES OF HEALTH PLANS: Senate Bill 348 would authorize a health benefit plan or nonprofit dental services corporation to utilize electronic delivery as the standard method of delivery for explanation of benefits and policy.
UPDATING CAPTIVE INSURANCE STATUTES: Senate Bill 410 would create the Captive Insurance Act under the Insurance Code by amending law and creating law related to captive insurance companies.
ENACTING THE KANSAS PHARMACY PATIENTS FAIR PRACTICES ACT: Senate Bill 351 would create the Kansas Pharmacy Patients Fair Practices Act. The bill would specify co-payments applied by a health carrier for a prescription drug may not exceed the total submitted charges by the network pharmacy. A pharmacy or pharmacist would have the right to provide a covered person with information regarding the amount of the covered person’s cost share for a prescription drug.
UPDATING EGG REPACKAGING REQUIREMENTS: Senate Bill 414 would repeal the limitations on egg repackaging set forth in the Kansas Egg Law. The bill would permit repackaged eggs to be graded Grade B or better under certain requirements. Those requirements would be if: undamaged eggs from damaged containers are placed only into containers with the same distributor and packer information; the container holding repackaged egg is not labeled with a declaration of enhanced quality or any other claim that did not appear on the original container; the eggs with undamaged shells are handled and repackaged using good manufacturing processes and under refrigerated conditions in accordance with Food and Drug Administration regulations; all damaged containers and packing materials identified with the United States Department of Agriculture grade shield are destroyed; all segregated inedible eggs are destroyed to prevent human consumption. This bill passed the Senate 39-0.
LOWERING REQUIREMENTS FOR A COSMETOLOGY SENIOR STATUS LICENSE: Senate Bill 398 would change the requirements for an individual to qualify for a senior status cosmetologist license by lowering the age and reducing the number of years required to practice.
ADDING RELATED EDUCATIONAL DEGREES TO PROFESSIONAL COUNSELOR LICENSURE CRITERIA: Senate Bill 386 would amend the Professional Counselors Licensure Act. In continuing law, an individual applying to the Behavioral Sciences Regulatory Board for licensure as a professional counselor is required, among other things, to have earned a graduate degree in counseling.
CREATING A PROGRAM TO RESEARCH THE USE OF INDUSTRIAL HEMP: Senate Bill 263 would enact the Alternative Crop Research Act, which would allow the Kansas Department of Agriculture, either alone or in coordination with a state institution of higher education, to grow and cultivate industrial hemp and promote research and development. Growers would include persons who are individuals, partnerships, corporations, associations, or other legal entities. Russell County in Senate district #36 was named the only test plot region for this bill.
INVOLUNTARY MANSLAUGHTER FOR CERTAIN VIOLATIONS OF DRIVING UNDER THE INFLUENCE: House Bill 2439 would amend the definition of the crime of involuntary manslaughter to include the killing of a human being from driving under the influence of alcohol or drugs.
ADDING EMERGENCY MEDICAL PERSONNEL TO THE LIST OF MANDATORY REPORTERS OF ABUSE, NEGLECT, OR EXPLOITATION OF CERTAIN ADULTS: Senate Bill 311 adds an emergency medical services (EMS) attendant to the list of mandatory reporters of abuse, neglect, exploitation, or need of protective services as it pertains to a resident or certain adult.
EXPANDING EXPENSE DEDUCTION TO TAX FILERS IN ADDITION TO CORPORATE FILERS: Senate Bill 303 allows certain individual income taxpayers to claim the expensing deduction for the costs of placing certain tangible property and computer software into service in the state. The provisions of the bill would be retroactive to tax year 2017.
GAS SAFETY RELIABILITY SURCHARGE: Senate Bill 279 modifies the Gas Safety Reliability Policy Act. Specifically, the bill would make changes related to definitions used throughout the Act, cost recovery for infrastructure expenses, and gas safety reliability surcharges. The bill would also raise the cap on the gas safety reliability surcharges from $0.40 to $0.80 per residential customer of the base rates.
ACCOMMODATING VOTERS WITH DISABILITIES THAT PREVENT THEM FROM MEETING BALLOT SIGNATURE REQUIREMENTS: Senate Bill 264 amends provisions in election law concerning signatures if the voter has a disability that prevents the individual from signing.
PROTECTION FOR HUMAN TRAFFICKING VICTIMS: Senate Bill 281 amends the Protection from Stalking or Sexual Assault Act to apply to victims of human trafficking. SB 281 would rename the Act the Protection from Stalking, Sexual Assault, or Human Trafficking Act.
AUTHORIZING UTILITY FRANCHISES FOR REDEVELOPMENT DISTRICTS WHICH ENCOMPASS A FEDERAL ENCLAVE: Senate Bill 185 allows the board of county commissioners of any county that has established a redevelopment district that includes property located within a federal enclave to authorize the installation, maintenance, and operation of utilities to serve the redevelopment district. Utilities would include water, sewer, electricity, gas, telecommunications, and rail services.
CLARIFYING ANIMAL CONVERSION UNITS FOR POULTRY FACILITIES: Senate Bill 405 amends current law that establishes the number of animals permitted in a confined animal feeding facility (CAFO) for the purpose of determining permitting requirements for new construction or expansion of a CAFO. Currently, a CAFO is required to register with the Kansas Department of Health and Environment if the CAFO has an animal unit capacity of 300 or more. SB 405 would establish the animal unit conversion factor for chicken facilities that use a dry manure waste system calculation as the number. In addition, the bill would require confined chicken facilities to obtain a federal permit if the facility uses a dry manure system and if there are 125,000 or more broilers or 82,000 or more laying hens.
PROVIDING COMPENSATION FOR THOSE WRONGFULLY IMPRISONED: Senate Bill 336 would provide compensation, tuition assistance, and state health care benefit programs to individuals who were wrongfully convicted and imprisoned. Under this bill, those individuals would receive $50,000 for each year they were wrongfully imprisoned.
4-H in Topeka
Students from across the state participated in the 4-H Kansas Citizens in Action program where they voted on bills in both Chambers after a 4-H dinner with Legislators. They served us milk and cookies the next day and promoted 4-H in the Capitol. More than 300 students participated in this yearly event which I appreciate as a former 4-H’er.
Thank you for all of your calls, emails, and letters this week regarding tax policy. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka. It is easy to “get into the weed” on pieces of legislation that seem on the surface to have universal appeal, but for those who want to pursue a more in-depth analysis of the ones which did not have such agreement, go to www.kslegislature.org and pull up “Bills & Laws,” then Senate Bills,” before scrolling to the desired number and hitting “SN” (Supplemental Notes) for a general explanation which is written by the Legislative research and reviser staff.
Thank you for the honor of serving you!
Senator Elaine Bowers
Kansas State Capitol Building
Room 223-E
300 SW 10th St.
Topeka, KS 66612
[email protected]
785-296-7389
www.kslegislature.org