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. 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 next 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. Next week is the last legislative week before first adjournment, so debating Conference Committee bills will be a top priority to ensure we can get as many bills to the Governor’s desk as possible before the break.
FLOOR ACTION
BUDGET BILL – APPROPRIATION REVISIONS: Substitute Senate Bill 269 creates appropriation revisions for FY 2018 and FY 2019 for various state agencies. In FY 2018, Sub. SB 269 recommends expenditures of $16.3 billion, including $6.7 billion from the State General Fund. The recommendation is an all funds reduction of $3.0 million and a State General Fund increase of $1.6 million from the Governor’s Recommendation for FY 2018. One key component for the FY 2018 appropriation revisions includes adding $1.5 million to fully fund the Technical Education Incentive for the Department of Education. For FY 2019, Sub. SB 269 recommends expenditures of $16.8 billion, including $6.8 billion from the State General Fund. The recommendation is a reduction of $79.2 million, including $80.7 million from the State General Fund, from the Governor’s Recommendation for FY 2019. The bill also reduces State General Fund revenue by $11.7 million for FY 2019. Some key components of the FY 2019 appropriation revisions include adding $22.1 million, including $10.0 million from the State General Fund, for an increase in nursing facility reimbursements rates, $4.7 million increase to including $2.1 million to provide a salary adjustment to all employees who did not receive a salary adjustment as part of the 2017 Legislative Pay Plan and adding $5.5 million to increase payments for foster care kinship placements from an average of $3 per day to an average of $10 per day for the Department of Children and Families.
INCREASED PENALTIES FOR FAKE POLICE CALLS: House Bill 2581 increases the criminal penalties for the crime of giving a false alarm in certain circumstances. The practice which is known as “swatting,” is when a person makes a call to the police with a false story of an ongoing crime in attempt to draw police officers to a particular address. Any false call for emergency help would be at least a misdemeanor, becoming a felony if the person uses a fake identity or electronically masks their identity. HB 2581 would make fake calls that result in death a felony comparable to second-degree murder.
HUNTING GUIDES AND OUTFITTER REGISTRATION: Senate Bill 301 requires hunting guides and outfitters to register with the Department of Wildlife, Parks, and Tourism.
UNFAIR TRADE AND CONSUMER PROTECTION: House Bill 2580 eliminates consumer reporting agencies’ authority to charge certain fees related to consumer report security freezes.
COMMERCIAL DRIVER’S LICENSE RENEWAL: House Bill 2511 would make commercial driver’s licenses renewable every five years. The bill would extend the period of time before expiration from four years to five years.
RENEWAL OF DRIVER’S LICENSES; VISION REQUIREMENT: HB 2606 specifies vision test requirements for qualifying applicants for electronic online driver’s license renewal. The bill would waive the requirement currently that a driver’s license examiner administer an eyesight exam prior to the electronic online renewal of a driver’s license only under certain conditions. An applicant for an online renewal must be at least 21 years old but less than 50 years old and confirm under penalty of law that their vision meets requirements currently in law of 20/40 or better in at least one eye as tested by the driver’s license examiner, or 20/60 or better in at least one eye submitted in a vision report from an ophthalmologist or optometrist. The applicant must certify they have undergone an examination by a licensed ophthalmologist or a licensed optometrist within the previous year and must authorize the exchange of vision and medical information between the Division of Vehicles and the applicant’s ophthalmologist or optometrist.
RAINY DAY FUND: House Bill 2419 concerns transfers to and expenditures from the budget stabilization fund. HB 2419 outlines that the rainy-day fund would earmark any excess revenue or over-projected estimates to be split in half, with 50 percent to pay off debt to the PMIB loan and the other 50 percent to be stored in a rainy-day fund for when projected revenues are short of projections. Historically, the legislature spends available money rather than set aside money to meet the statutory requirement of a seven percent remaining balance. This bill failed the Senate 21-19.
AMENDING THE UNIFORM ANATOMICAL GIFT ACT: House Bill 2472 amends the uniform anatomical gift act to give driver’s license applicants’ authorization to be listed as an organ, eye, and tissue donor in the Kansas donor registry. HB 2472 would require the word “Donor” be placed on the front of the driver’s license or identification card of an individual who provides authorization on an application for a driver’s license or an identification card to be listed in the Registry. The gift would become effective upon the death of the donor.
LEGISLATIVE TASK FORCE ON DYSLEXIA: Substitute House Bill 2602 establishes the Legislative Task Force on Dyslexia and Other Reading Comprehension Impairments (Task Force), which would advise and make recommendations to the Governor, Legislature, and the Kansas State Board of Education regarding matters concerning the use of evidence-based practices for students with dyslexia and other reading comprehension impairments.
HEALTH OCCUPATIONS CREDENTIALING FEE FUND: House Bill 2501 would create the Health Occupations Credentialing Fee Fund to be administered by the Secretary for Aging and Disability Services.
OMBUDSMAN LONG-TERM CARE PROGRAM: House Bill 2590 amends the state long-term care ombudsman program, activities, and access to certain records.
NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL ACT: Senate Substitute for House Bill 2600 provides for the assessment of fees by the Department of Health and Environment for noncontiguous sites where radioactive material is stored or used. S Sub HB 2600 also directs the Secretary of Health and Environment to study and investigate maternal deaths in Kansas.
WORKERS COMPENSATION DEATH BENEFITS: Senate Substitute for House Bill 2184 amends workers compensation death benefits. The act allows for an initial payment to be shared between the surviving spouse and the dependent children.
GOLF CARTS ON CERTAIN STREETS AT NIGHT: House Bill 2486 allows golf carts to be driven on any public street or highway between sunset and sunrise if the golf cart has lights as required by law for motorcycles and has a properly mounted slow-moving vehicle emblem.
EXEMPTING DIVISION OF LEGISLATIVE POST AUDIT FROM PAYING MONUMENTAL BUILDING SURCHARGES: Senate Substitute for House Bill 2129 exempts the Division of Legislative Post Audit from paying any monumental building surcharge charged and collected by the Department of Administration or any other state agency that is levied against all state agency-leased square footage in Shawnee County.
SPECIAL OLYMPICS, CHOOSE LIFE AND WICHITA LICENSE PLATE: House Bill 2599 provides for the distinctive plates for Special Olympics, Choose Life, the Wichita city flag. The bill also authorizes special license plates for veterans of the Korean War, Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom.
DESIGNATING SEDGWICK COUNTY AS URBAN AREA: House Bill 2597 designates Sedgwick County as an urban area, concerning nonprofit cemetery corporations in certain urban area counties. The designation would allow the Kansas Legislature to pass laws specific to those areas. Currently, Johnson, Wyandotte, Shawnee, and Greeley counties already have this designation. The designation only allows for a county to make a request for specific legislation.
NURSE LICENSURE COMPACT: House Bill 2496 creates the Nurse Licensure Compact and amend the Kansas Nurse Practice Act to enable the Board of Nursing to carry out the provisions of the Compact and establish the duties of registered nurses (RNs) and licensed practical nurses (LPNs) under the Compact. The Compact allows RNs and LPNs to have one multi-state license, with the privilege to practice in the home state of Kansas and in other Compact states physically, electronically, and/or telephonically.
THE CHILD CARE CRIMINAL BACKGROUND AND FINGERPRINTING FUND: House Bill 2639 requires local and state law enforcement officers and agencies to assist the Secretary of Health and Environment in taking and processing fingerprints of persons residing, working, or regularly volunteering in a child care facility and to release all records of adult convictions and nonconvictions and adult convictions or adjudications of another state or country to the Kansas Department of Health and Environment. The bill would create the Child Care Criminal Background and Fingerprinting Fund in the State Treasury to be administered by the Secretary.
DEFENDANT’S COMPETENCY AND COMMITMENT FOR TREATMENT: House Bill 2549 creates judicial determinations of defendant’s competency and commitment for treatment.
RESCUING VULNERABLE PERSON OR ANIMAL FROM A VEHICLE: House Bill 2516 provides immunity from civil liability for damage to a motor vehicle for a person who enters the vehicle, by force or otherwise, to remove a vulnerable person or domestic animal if they are in imminent danger.
SCRAP METAL THEFT REDUCTION ACT: Senate Bill 429 delays certain provisions of the Scrap Metal Theft Reduction Act until January 1, 2020.
QUALIFICATIONS FOR THE OFFICE OF SHERIFF: House Bill 2523 amends the statute setting forth the qualifications required of sheriffs. Specifically, the bill would narrow language disqualifying a person from holding the office of sheriff if the person has been convicted of a violation of any federal or state laws or city ordinances relating to gambling, liquor, or narcotics.
QUALIFICATIONS FOR CANDIDATES SEEKING CERTAIN STATEWIDE OFFICES: House Bill 2539 would amend qualifications for certain state offices. This legislation would require these positions to be a “qualified elector.” A qualified elector must be at least 30 years old when becoming a candidate for the office of the governor or lieutenant governor. Another provision is a candidate must be licensed to practice law in Kansas for the office of the attorney general. The House’s original age requirement for the office of governor and lieutenant governor was 18 before the Senate changed it to 30. The final age requirement will be settled in conference.
CORRUPT POLITICAL ADVERTISING: House Bill 2642 amends the “corrupt political advertising” statute. Currently, social media communication is exempt from the requirement to include “paid for” or “sponsored by” information if the limit of characters is 200. The amended bill increases that limit to 280 characters.
SCHOOL TRANSPORTATION FUNDING: Senate Bill 352 requires transportation funding for school districts from the state general fund, not the state highway fund; making and concerning appropriations for the fiscal year ending June 30, 2019.
QUALIFICATIONS FOR LICENSING OF PROFESSIONAL OCCUPATIONS: Senate Substitute for House Bill 2386 implements restrictions on requirements for licensing of professional occupations.
LOCAL OPTION BUDGET: Senate Bill 422 requires a minimum local option budget and requires school boards to notify the state board of education of their intent to increase local option budget authority. Any resolution increasing a district’s local option budget adopted prior to July 1, 2017, that was not subsequently submitted to and approved by a majority of the district’s qualified electors, would expire June 30, 2018. Districts that desire to increase their local option budget authority for the next school year would submit written notice of such intent to the State Board of Education by March 1.
STATEWIDE BROADBAND EXPANSION PLANNING TASK FORCE: Senate Substitute for House Bill 2701 creates a broadband expansion planning task force. The purpose of this task force is to develop a group to evaluate and expand broadband throughout Kansas.
SALES TAX AUTHORITY FOR THOMAS COUNTY (HB 2492): HB 2492, as amended, would make several changes relative to the local sales tax authority of Thomas, Russell, Jackson, and Dickinson counties; and would provide two new state and local sales tax exemptions. The bill would extend from five years to ten years the sunset on any 0.5 percent tax imposed by Russell County for economic development initiatives or public infrastructure projects all subject to voter approval.
ALLOWING CRIMINAL CASES TO BE STAYED DURING STATE APPEAL OF WRIT OF HABEAS CORPUS: House Bill 2479 allows criminal cases to be stayed during state of appeal of writ of habeas corpus relief. HB 2479 creates procedures and limitations concerning contact with jurors following a criminal jury trial and clarifies grand jury proceedings.
COUNTERFEIT CURRENCY, MISTREATMENT LAWS, AND DEFINING LAW ENFORCEMENT OFFICER: House Bill 2458 defines counterfeiting currency as anything intended to defraud through forging currency. Another element of this bill combines the two laws into one that deal with mistreatment of a dependent adult and elder person. HB 2458 also amends the definition of law enforcement officer to include uniformed or properly identified while on duty.
AMEND CERTAIN SALES TAXATION FOR MOTOR VEHICLES: Senate Bill 367 amends current sales tax law that includes the value of a rebate from a manufacturer of a new vehicle to the potential buyer. Current law includes this amount to calculate sales tax liability. SB 367 requires the rebate to be paid directly to the retailer.
KANSAS RIGHT-TO-KNOW FEE FUND: House Bill 2577, as amended creates a maximum annual fee for the Right-To-Know Program that would only be used for the administration of the Program. Current law allows the fees to go into a general fund. The Program deals with hazardous substances.
CONTROL AND ERADICATION OF NOXIOUS WEEDS: House Bill 2583 clarifies definitions for terms related to noxious weeds. This legislation allows the Secretary of Agriculture to declare an emergency for noxious weeds that can be potentially harmful because of a natural disaster.
HIGH-PERFORMANCE INCENTIVE PROGRAM TAX CREDIT: Senate Bill 430 extends 50 percent of the unused High-Performance Incentive Program tax credits beyond the current carryforward limit, from 16 years to 25 years, for those taxpayers who initially claimed a HPIP credit prior to January 1, 2018. Taxpayers would be required annually to certify under oath to the Secretary of Commerce that they continue to meet HPIP requirements.
KANSAS ADOPTION AND RELINQUISHMENT ACT: House Bill 2481 provides several provisions to the Kansas Adoption and Relinquishment Act. An amendment on the bill which protects faith-based adoption agencies was adopted as well.
KANSAS PET ANIMAL ACT: House Bill 2477 would create several changes to the Kansas Pet Animal Act pertaining to licensure of those providing temporary care of dogs or cats, maximum license fees, notice of inspections, requested inspections, no-contact inspections, failed inspections, and license renewal dates.
INCOME TAX REFUND FOR CERTAIN NATIVE AMERICAN VETERANS: Substitute House Bill 2147 would create a process by which certain Native American military veterans would be able to apply for a refund of state personal income taxes improperly withheld from such veteran’s federal military income in the amount of income taxes paid plus interest.
REMOVING ALCOHOL AS A SPECIAL FUEL: House Bill 2488 would remove the word “alcohol” from the definition of “special fuels” under the motor-fuel tax law. The bill clarifies how fuels are taxed.
STATE FAIR CAPITAL IMPROVEMENTS FUND: Senate Bill 415 creates a diversion of state sales tax receipts so that collections by the Kansas State Fair and retailers on the fairgrounds would be deposited into the State Fair Capital Improvements Fund, effective July 1, 2018. Current law allocates 83.8 percent of collections go to the State General Fund and 16.2 percent go to the State Highway Fund.
KANSAS SMALL BUSINESS AWARDS
On March 13th, seventeen small businesses from around the state that experienced successful growth and expansion by working with the Kansas Small Business Development Center were recognized in the Capitol rotunda. Kaid Baumann owner of Lost Creek Supply in Kensington was recognized as a 2018 Emerging Kansas Business of the Year. Congratulations Kaid!!
PAGES – MARCH 2018
Two groups of pages from Senate District 36 visited the Capitol this week. Rylan Reeves and Abby Myers from Russell along with Claire and Caroline Schmidt of Topeka were pages on March 26th and Davin Benfer and Bricen Benyshek of Concordia paged on March 28th. They met Governor Colyer, took the Dome tour, worked in my office and ran errands for the Senate during session.
Thank You for Engaging
Thank you for all of your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. 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 or watch live at YouTube Streaming: http://bit.ly/2CZj9O0 . The Senate will be in session each day at 10 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.
Senator Elaine Bowers
Kansas State Capitol Building
Room 223-E
300 SW 10th St.
Topeka, KS 66612
[email protected]
785-296-7389