End of Season Wrap Up!

May 28, 2010

The Legislature will convene once again at 10 a.m. today for Sine Die – the ceremonial closing of the 2010 Legislative Session. This will be the final time the entire legislative body will be together until commencement of the 2011 Session next January.

Below I have detailed a number of the key issues that affected the legislature this session: the state budget, transportation, safety, education, and housing, among others. I hope you will find this re-cap helpful.

We faced one of the most difficult legislative sessions in our state’s history. By working in a bipartisan manner the legislature was able to uphold our commitment to our children’s education, our communities’ public safety and our aid to Kansas’ most vulnerable citizens. We also created tens of thousands of jobs and saved over 3000 jobs from being eliminated. I believe that to work our way through the national recession we have to continue to create jobs and put people back to work.

Please note that during the break, I will continue traveling to Topeka on a regular basis to attend Interim Committee meetings. I will also be in my Statehouse office on a frequent basis in order to attend to any constituent issues that may arise.

During this time, please feel free to contact me at (913) 721-0055 or kelly.kultala@senate.ks.gov.

BUDGET ISSUES:

This year, Kansas continued to suffer the trickle-down effects on a national economic recession which began in 2008. Since then, the state budget has gone to the chopping block six times – three times by the legislature and another three times through actions by the Governor. Even though we cut spending by more than $1 billion in just 18 months, we were still more than $500 million short by April 2010.

Even with these facts in mind, it still took an entire session for a budget proposal to materialize in the House Appropriations Committee. Unfortunately, that proposal demolished important investments and created more problems than it solved. I simply could not agree with a plan that inflicted such devastating harm onto Kansas families, schools and communities.

Luckily, in the final days of the session, a bipartisan coalition came together to pass a more reasonable alternative budget and a revenue enhancement package. The legislature increased the sales tax by 1 cent for three years, then at the end of the third year the sales tax increase rolls back .6 cents and .4 cents will be directed to the 2010 T-Works Comprehensive Transportation Plan. The coalition budget maintained critical investments that will both grow and preserve jobs in Northeast Kansas, while putting our state on the road to economic recovery.

While the final product is not perfect, it was by far the best proposal that surfaced this session. It stopped any further cuts to K-12 schools and added significant money to our higher education system. It prevented as many as 3,000 teachers and 125 parole officers across Kansas from being laid off. It will help more than 190,000 of Kansas’s working poor through the Earned Income Tax Credit and more than 300,000 poor Kansans receive a tax break with the Sales Tax Rebate Program.

It is also important to note that the coalition budget cut more than $200 million beyond the Governor’s recommendations (on top of the previous $1 billion cut). This is a fiscally responsible piece of legislation; only including funding for what was absolutely necessary to keep our community safe, vulnerable citizens protected and public education institutions intact.

In coordination with the coalition-approved budget, the Legislature also approved a job-creating transportation plan that will get 175,000 Kansans back to work.

The Transportation Works for Kansas Program (T-WORKS) provides a framework for the future of our state’s infrastructure. It is multi-faceted, with a focus on preservation, expansion, economic development, modernization (such as widening lanes), assistance to cities and counties, and a multi-modal economic development program, among others.

More than 1,000 Kansans participated in the development of this program, and it could not have been enacted at a more appropriate time. Kansas maintains more than 130,000 miles of local roads, 10,000 miles of highways, and 20,500 bridges. Looking ahead, the need for efficient mobilization will only increase. By enacting a transportation play this year, we will create or sustain an estimated 60,000 construction jobs and 175,000 total jobs (including local suppliers, etc).

T-WORKS was absolutely critical in ensuring that we will meet future demands of our population, solve long-term energy challenges, and emerge from the economic recession as quickly as possible.

While protecting our investments is vital to the future of our state, one of my greatest disappointments this session was the Legislature’s failure to enact a Rainy Day Fund.

A Rainy Day Fund would protect vital services in times of economic downturns by requiring the Legislature to set aside a small percentage of state general fund revenues in times of economic prosperity. This money would be locked away and could only be used if the state suffered another recession.

Governor Parkinson wholeheartedly endorsed the fund and the Senate passed the legislation. However, I wish that it had received more serious consideration by the House. Much of our current situation could have been avoided if the state had established a Rainy Day Fund years ago.

It’s unfortunate that the legislature was not able to take a more cautionary step to protect our future.

SAFETY:

The success or failure of a legislative session is often based on our ability to protect the state’s most vulnerable citizens – our children, the elderly, the disabled and victims of violence. In this respect, the 2010 session was a major success, as we enacted a number of laws that will better protect all Kansas residents.

Two transportation initiatives became law this year making every Kansas road safer. First, a primary seatbelt law will allow officers to stop a vehicle for a seatbelt violation beginning June 30, 2010. Previously, the primary seatbelt law applied only to minors.

Based on KDOT estimates, Kansas can expect a 10% increase in seatbelt usage as a result of this law. In addition to increasing the safety of everyone on the road, a primary seatbelt law will enable Kansas to take advantage of a one-time federal grant of $11.2 million, which will be enormously helpful during this difficult budget year.

Kansas also joined many other states by banning texting while operating a motor vehicle. The law will make it a traffic infraction on the first offense for texting or sending images while driving a vehicle. It covers using a telephone, pager, personal digital assistant, text messaging device and laptop computer. Exceptions would be for checking weather or traffic updates or sending a written message to report criminal activity or a traffic hazard. Warning tickets will be issued until January 1, 2011.

Studies continually prove that texting while driving is extremely dangerous. A 2007 study by Clemson University reported that drivers who were texting or using an iPod left their lanes 10% more often than non-distracted drivers. A similar report found that texting took the focus away from drivers an average of 4.6 seconds – enough time to travel the length of a football field at 55 mph.

To better protect children, the Senate enacted “Lexie’s Law”, named on behalf of a 13-month-old child who died while staying at a day care provider in 2004. This law will require the state to inspect all licensed facilities and require that providers submit written self-examinations annually.

Not only will this law provide parents with better access to relevant background information on those daycare facilities located in Kansas, but it will mandate that all facilities follow the same guidelines for childcare and self-examination. It is an important step to preventing the tragic loss of any more Kansas children who are under the supervised care of a daycare provider.

To preserve and protect Kansas communities, the Kansas Legislature also passed a new law requiring persons convicted of a sex crime to register as a sex offender for life.

Currently, the Kansas Offender Registration Act requires a person convicted of a sex crime to register for 10 years. The new law requires a person convicted of certain sex crimes to register for life, including aggravated trafficking, rape, aggravated indecent liberties with a child, aggravated criminal sodomy, promoting prostitution if the prostitute is less than 14 years of age, and sexual exploitation of a child.

Sex offenders commit some of the most heinous acts in our society and their victims are often the most vulnerable members of our society. I am proud to vote for any legislation that helps keep Kansans informed about potentially dangerous individuals living in their neighborhoods.

EDUCATION:

School issues continued to play a key role during the 2010 session. Although the state faces an uphill battle budget-wise, properly funding education and putting our state on the path to economic recovery go hand-in-hand. To dismiss the needs of our school children just because we are in a recession would have been detrimental not only to them, but to our economy’s future.

With this in mind, the legislature approved a number of changes this year that will allow local districts to save money and more evenly distributes what money there is available to public schools across the state.

In April, the Governor signed into law changes to the current funding formula for catastrophic aid, which helps districts pay the high costs of care for students with significant needs. The previous wording of the catastrophic aid funding allowed for three major Johnson County school districts: Blue Valley, Shawnee Mission, and Olathe, to maximize their claims and receive $7.8 million out of the state’s total budget of $12 million.

Shawnee Mission alone accounted for 44% of all of the claims statewide last year, with 333 claims. The school districts’ acquisition of the large amounts of funding was done legally, but, other school districts – such as those in the 5^th Senate District – were left with significantly less funds for the school year.

With the new law in place, these school districts will be unable to continue the requests for large amounts of funding and significantly reduce aid while increasing available amounts for other districts.

The legislature also made it easier for students to attend a nearby school of their choice by authorizing local school boards to provide transportation to non-resident students until the end of the school year.

These new rules will not cost the state any money, although those school districts voluntarily transporting students who live outside of the district could incur addition transportation costs.

Local districts were also given permission to cut costs by making official notices via the district’s Web site rather than in an official city or county newspaper. This is especially important in urban districts which often spend hundreds of thousands of dollars each year to place expensive notifications in local papers.

The bill gives school districts more input in how best to use staff resources and money to meet the needs of our community. By denoting a Web site as an official publication, local districts can save thousands of dollars annually; money which I believe could be better used in the classroom.

HOUSING: HISTORIC TAX CREDITS

This year the legislature passed and the Governor signed SB 430, which is the Historic Tax Credit fix. The bill removes the hard cap on credits and the 10% "haircut" for fiscal year 2011 and in the future. It puts the historic tax cut back to where it was before the 2009 session. For more information about the program, go to the Kansas Historical Society web site: http://www.kshs.org/resource/statetax.htm

These tax credits provide a key tool for the rehabilitation of historic properties -- both income-producing and non income-producing by allowing developers to receive tax credits worth up to 25 percent of a historical rehabilitation or preservation project. Projects which are already exempt from federal taxes were eligible to receive a credit up to 27 percent of the projects cost.

The credit has proven to be a very productive economic development tool and it is crucial for several projects in the Leavenworth community, including the former Tire Town project to create the Stove Factory Lofts and the CPAC project that is planned for a 60,000 sq. ft. building to be rehabilitated on the Dwight D. Eisenhower VA Medical Center grounds.

Week #13: May 10, 2010

Good Afternoon Everyone:

We worked last Friday till midnight and Saturday until about 10 pm, then were allowed to go home for Mother’s Day. After the 36 hour break we are back in Topeka trying to finish up the 2010 legislative session. Here is last week’s legislative update. The Senate goes back in at 2 pm today, but I don’t think there is much for us to do until the House works some of the bills the Senate sent over last week. I will send another update as soon as this legislative session is over. Best to you all. Kelly.

IN THIS ISSUE:

$ April Revenue Numbers Lower than Expected

$ Senate Approves Budget

$ Responsible Revenue Plan Approved

$ Bill Allows Schools to Transport Non-Resident Students

$ DUI Penalty Bill Sent Back to Conference Committee

$ New Safe Guards Will Prevent Information Leak to Inmates

$ Web-Site Outlines New Smoke-Free Law

$ Full List of Bills Signed Into Law

APRIL REVENUE NUMBERS LOWER THAN EXPECTED

Kansas’s financial forecast continues to look grim, as reports from the Kansas Department of Revenue indicate that the state took in $65.3 million less in tax-only revenues in April than previously estimated. Several factors played into the below-estimated receipts, including individual income taxes, which came in nearly $75 million below the estimate.

Although these numbers are disappointing, there was some good news – retail sales taxes were $11.5 million ABOVE the estimate, a sure sign that the economy has started to turn around.

The bottom line, however, underscores the impact the economy is having on our ability to serve Kansans, especially children, the elderly and the disabled. While it will be a challenge, I believe we can still manage to get through the current fiscal year without additional cuts to our state’s most important programs.

SENATE APPROVES BUDGET

After nearly four hours of debate on Wednesday evening, the Senate approved 23-17 a state budget bill that allocates more than $300 million for essential state programs and restores a 10 percent reduction to Medicaid funding without cutting further into education or disability services.

Included in the Senate budget proposal is an additional $67,000 to help the Kansas Parole Board to assess the probability that inmates who are up for parole will become re-offenders. The Senate also allocated additional funding to help better protect and educate social workers who enter the homes of clients across the state.

The budget also incorporates funding for the Connected Nation ARRA Program, which will help make sure that high-speed broadband Internet access is available throughout the state, especially in our rural communities.

More than $430,000 was appropriated for the Department of Health and Environment to fund the state’s Pregnancy Maintenance Initiative and Teen Pregnancy Prevention programs, and to fund the Cerebral Palsy Posture Seating program for FY 2011.

To offset these new costs, the Senate budget includes savings in a number of agencies including the legislative branch. The Senate plan will save $125,000 annually by continuing to limit legislative franking privileges and capping leadership postage, a limitation which was initially instituted as a cost-savings measure earlier this session. More than $415,000 in additional savings will be generated by limiting legislative committee meetings, eliminating file clerks and newspaper subscriptions, and limiting the distribution of permanent printed materials such as House and Senate Journals to Legislators.

During floor debate, Senator Ty Masterson introduced an amendment that would have completely gutted the Senate budget bill by liquidating the state’s real estate property, instituting a 5 percent pay cut to most state employees, and reducing general state aid and base state aid for public school students by $66 million.

I voted against this amendment for a number of reasons. Although I believe that the state should begin looking at its assets to see if there is potential to sell unwanted properties, it is unreasonable to assume that the state can raise $175 million THIS YEAR from the sale of property. As you may recall, it took nearly a decade for the former Topeka State Hospital grounds to be purchased when the state decided to put it up for sale. In the meantime, the state spent almost 10 years paying for the upkeep of the empty building.

RESPONSIBLE REVENUE PLAN APPROVED

Late Thursday evening, a bipartisan group of Senators voted for a responsible revenue package that will protect those things which make our state great: quality schools, safe communities and a society that doesn’t turn its back on those most in need.

I was proud to see such a diverse coalition come forward – Republicans and Democrats; rural and urban – to pass this plan, which provides $314 million for state programs during Fiscal Year 2011. The plan raises the state sales tax from 5.3 to 6.3 percent for three years, but also includes two new tax provisions that will help offset the cost to lower-income Kansans.

During debate, the Senate approved an amendment to increase the food sales tax rebate program, which will provide nearly $11 million more in income tax rebates for poor Kansans. A second amendment increased the Federal Earned Income Tax Credit from 17% to 18% so that more lower-income working Kansans will have an opportunity to see a tax break.

While it’s never easy to vote for a revenue package, it was a necessary step to protect and maintain our safety net. There is still work to be done and there are challenges ahead, but I believe that we are moving forward, protecting what we have, and building for the future.

BILL ALLOWS SCHOOLS TO TRANSPORT NON-RESIDENT STUDENTS

The Senate on Tuesday gave first-round approval to a bill that will make it easier for students to attend a nearby school of their choice. House Bill 2595 authorizes local school boards to provide transportation to non-resident students until the end of the school year, as long as the district in which the student is living is properly notified.

For school finance purposes, the non-resident student would be counted by the district in which he or she was enrolled.

The bill will not cost the state any money, although those school districts voluntarily transporting students who live outside of the district could incur addition transportation costs.

DUI PENALTY BILL SENT BACK TO CONFERENCE COMMITTEE

A bill intended to make DUI penalties more consistent and comprehensive was sent back to conference committee on Thursday, after the House of Representatives amended in an onerous provision that would likely cost local governments thousands of unnecessary dollars.

Senate Bill 368 was overwhelmingly approved back in February, but several changes were made when it was sent to the House of Representatives in late March. In part, the House changed the bill to state that after a first DUI conviction, a person would be restricted for one year to driving only a vehicle equipped with an ignition interlock device.

While I fully support penalties for those drivers who choose to recklessly drink and drive, I have serious concerns about the added burden to our municipal court system and of the unexpected costs to local governments that would be associated with purchasing so many new ignition interlock devices. I also know that these devices are not readily available across the state, especially in our rural communities. Until these devices are fully made available, I worry that those drivers without easy access to an ignition interlock device would be unfairly restricted.

Because there were too many holes in the House’s Amendments, I voted to send the bill back to committee for further review. I look forward to seeing the committee’s revisions, and hope to pass a bill that is fair and consistent to all drivers, and won’t place an onerous burden on our local governments.

NEW SAFE GUARDS WILL PREVENT INFORMATION LEAK TO INMATES

State Agencies were directed last week to fix a 25-year-old program that allowed inmates access to personal information of Kansas residents.

The program, which began in the 1980s, never resulted in identity theft but still posed a huge risk to thousands of citizens.

In addition to addressing the programs currently in operation, new regulations will be developed to prevent inmates from accessing personal information in the future, including social security numbers, birth dates, and driver’s license numbers. In situations where such private information must be processed, state agencies have been ordered to use civilian employees.

WEB SITE OUTLINES NEW SMOKE FREE LAW

The Kansas Department of Health and Environment launched a new Web site this week to help Kansas businesses and local residents understand provisions of the Kansas Clean Air Act, which will become effective July 1^st, 2010. The site, http://www.kssmokefree.org, includes a printable pdf of the law, frequently asked questions, and tools for businesses such Exemption Forms and no smoking signs.

HB 2125	register of deeds
HB 2125 would amend state law to require a register of deeds to obtain a receipt showing that all past and current real estate taxes due have been paid before the register of deeds could record any replat or plat of survey pursuant to the Apartment Ownership Act or the Townhouse Ownership Act. This proof of tax payment previously had been required only before any plat was recorded.
S Sub HB 2353	Chautauqua county (financing of jail)
Senate Sub for HB 2353 would amend local sales tax authorization statutes to retroactively ratify the results of a December 1, 2009 election in Chautauqua County regarding imposition of a new countywide sales tax earmarked to finance the costs of constructing, furnishing, and equipping a county jail and law enforcement facility. The tax would sunset upon payment of all costs incurred in the financing of the project.
HB 2414	KBOR/Hays
HB 2414 would authorize the State Board of Regents, on behalf of Fort Hays State University, to sell and convey to the City of Hays, all of the rights, title, and interest, except mineral rights, in two tracts of real estate. One tract contains 120.0 acres. The second tract contains 10.037 acres. The tracts would be used for a sports complex and expansion of the City’s golf course. The bill would take effect upon publication in the Kansas Register.
SB 357	Beloit Juvenile Correctional Facility
SB 357 would authorize the Secretary of the Department of Administration to convey Beloit Juvenile Correctional Facility for and on behalf of the Juvenile Justice Authority, to the City of Beloit, KS. All costs related to the conveyance shall be paid by the City of Beloit, KS. The bill would remove any legal reference of Beloit Juvenile Correctional Facility and the legal physical description of the facility from statute, as well as the Beloit Juvenile Correctional Facility Fee Fund.
HB 2195	Electronic State Records
HB 2195, as amended, concerns state records and the State Archivist of the Kansas State Historical Society. The bill would create new law that would direct the State Archivist to prepare and present recommendations to the State Records Board regarding the preservation process for maintaining the authenticity of electronic records; provide that electronic records maintained pursuant to the preservation process and certified by the electronic signature of the State Archivist would have the same legal effect as the original document; and Allow reasonable fees to be charged for electronic copies.
S Sub HB 2222	Rescission
HB 2222, as amended, would authorize a state department, agency, commission, or authority which is obligated by statute to collect a license, fee, charge, tax, or other exaction to impose a surcharge not to exceed 5.0 percent of the assessment in order to enhance the efficiency of the agency. Agencies would be authorized to established a discount up to 5.0 percent of the assessment in order to enhance the efficiency of the agency. This authority would be implemented through the adoption of rules and regulations that establish the specific surcharge or discount, state the efficiency goals to be achieved, and state the efficiency goals to be achieved
HB 2221	related to smoking and cig sales
HB 2221, as amended, would amend current law concerning cigarette or tobacco infractions and the taxation and unlawful use of cigarette and tobacco products. Additionally, the bill would create the Kansas Indoor Clean Air Act for certain provisions in the bill.
HB 2411	K-2; synthetic cannaboids
HB 2411 would amend the Kansas Uniform Controlled Substances Act to expand the list of Schedule I controlled substances to include the chemical compounds HU-210, JWH-018, JWH-073, BZP, and TFMPP.
HB 2436	Michael Hugh Breeding Memorial Bridge
HB 2436 would designate a bridge in Marshall County on U.S. 77 as the 1st Lieutenant Michael Hugh Breeding Memorial Bridge.
HB 2364	Courts open for business
HB 2364 would amend the provisions regarding days when courts are open for business. This bill would add days on which the court is not accessible. Currently, Saturday, Sunday, and holidays are the only days courts are not open for business.
HB 2433	Regents purchasing
HB 2433 would exempt all Regents institutions from state purchasing laws and regulations, including the Prison Made Goods Act. It also would exempt universities from the statutes covering the procurement of professional services, negotiated procurement processes, and the mandated use of the State Division of Printing. However, universities would not be exempt from procurement requirements related to architectural, engineering, construction management, or ancillary technical services. In addition, the bill would authorize the Secretary of the Department of Corrections to sell prison-made goods to private residents of Kansas, Kansas businesses, and to state employees for their private use.
HB 2492	Amend KS Automobile Reparations Act
HB 2492 would amend a provision in the Kansas Automobile Injury Reparations Act to require insurance companies to add the make and year of an insured vehicle to the list of information required to be included on insurance identification cards.
HB 2555	K-14 Memorial Highway
HB 2555 would designate a portion of K-14 in Harper County as the SFC David R. Berry/SGT WillSun M. Mock Memorial Highway.
HB 2676	Unemployment
HB 2676 would amend the Employment Security Law regarding contribution rates, penalties, and interest. The bill would provide that for calendar year 2010 and 2011 the charge for contributing employers in rate groups 1 through 32 would be that of the 2010 original tax rate computation table. Contributing employers in rate groups 33 through 51 would be capped at a 5.4 percent contribution rate. In addition, employers would have 90 days past the due date to file their contribution without being charged interest for the first three quarters of each of the two years.
SB 489	contact lenses
SB 489 would amend current law concerning the dispensing of contact lenses to Kansas residents by a person or entity not licensed to practice optometry, medicine, or surgery in the state. The bill would broaden the specific reference to dispensing contact lenses through the mail to include the use of a commercial courier or overnight or other delivery services.
SB 451	municipal bonds
SB 451 would make a change to the municipal bond law. The bill would allow municipalities the option of accepting the good faith deposit for a municipal bond in the form of cash, including cash deposited via electronic fund transfer. Current law allows the good faith deposit to be made only in the form of a certified or cashier’s check or surety bond.
SB 438	business trusts; filing with SOS
SB 438 would eliminate the requirement in current law that a domestic or a foreign business trust file a balance sheet with the Kansas Secretary of State’s Office.
SB 409	establishment of passenger rail service
SB 409 would authorize the Secretary of Transportation to establish and implement a passenger rail service program. With the program, the Secretary would be authorized to take the following actions: Enter into agreements with Amtrak, other rail operators, local jurisdictions, and other states; Provide assistance to local jurisdictions to ensure that rail stations and terminals are designed and developed to meet safety and efficiency standards, aid intermodal transportation, and encourage economic development; and Provide loans or grants to passenger rail service providers from a Passenger Rail Service Revolving Fund established by the bill.
SB 398	indemnification and advancement of expenses
SB 398, as amended, would amend the Kansas Corporation Code to prohibit a corporation from changing or eliminating the right to indemnification (protection against loss) or the right to advancement of expenses, arising under a provision of the articles of incorporation or the bylaws, after an act or omission has occurred. The bill would preserve the authority to change or eliminate the right to indemnification or the right to advancement of expenses after an act or omission has occurred if the articles of incorporation or a bylaw in effect at the time of the occurrence explicitly provided for such change or elimination.
HB 2283	transfer of water service
HB 2283 would enact new law dealing with the process of transfer of water service when a city annexes property where a rural water district is providing service and amend existing law to provide an additional factor that must be considered by a rural water district’s board of directors prior to their releasing lands from the rural water district. The bill also would repeal KSA 12-527 dealing with the annexation of lands located within water districts and clarify existing guidelines for the implementation of an intensive groundwater use control area within the boundaries of a groundwater management district.
HB 2323	providers of care services
HB 2323, as amended by the House Committee on Aging and Long Term Care, would amend current law concerning providers of care services. The bill would make the following amendments concerning background checks of job applicants for adult care homes or home health agencies: Add “crimes against property;” Expand the definition of criminal history record information from the current “felony convictions” to that of “any criminal history information;” And allow the operator of a home to request criminal information from the Department of Health and Environment.
HB 2445	land use adjacent to military installations
HB 2445 would enact new law concerning land use adjacent to or surrounding military installations. The bill would express the desire of the State of Kansas to promote communication, cooperation, and collaboration between military installations and any municipality adjacent to or surrounding the installation.
HB 2552	Midwest Interstate Passenger Rail Compact
HB 2552 would enact the Midwest Interstate Passenger Rail Compact. The purpose of the compact is to promote improvements to intercity passenger rail service in the region, to coordinate interaction among states on passenger rail issues, to promote development and implementation of long-range plans for high speed rail passenger service, to work with public and private sectors at all levels to ensure coordination, and to support efforts of transportation agencies in developing and implementing passenger rail service.
HB 2584	optometrists to dispense ophthalmic lenses
HB 2584 would allow optometrists to dispense ophthalmic lenses with medication evenly over any period of time required. Under current law, optometrists can dispense no more than a twenty-four hour supply of medication in ophthalmic lenses.
HB 2609	general powers of state chartered banks
HB 2609, as amended, would amend a provision of the Banking Code governing the general powers of state chartered banks. Under the bill, banks would be permitted to purchase and hold life insurance policies in a manner consistent with the parameters outlined in the Interagency Statement of the Purchase and Risk Management of Life Insurance Letter 127- 2004 (effective December 7, 2004), subject to the limitations specified in statute, as amended further by the bill. The limitations specified in the current statute are on the cash surrender value of a life insurance policy (cannot exceed 15 percent of the bank’s capital stock, surplus, undivided profits, allowance for loan and lease losses [new law, replaces the term “loan loss reserve”], capital notes and debentures and reserve for contingency). The limitation also is placed on the cash surrender value in the aggregate from all companies (cannot exceed 25 percent). These limitations would not apply to policies in place prior to July 1, 1993.
HB 2619	scope of practice for RNAs
HB 2619, as amended, would change current law regarding the scope of practice allowed for registered nurse anesthetists (RNAs). The bill would allow RNAs, upon the order of a physician or dentist and as a member of a physician or dentist directed health care team, to order or administer appropriate medication and anesthetic agents necessary to implement anesthesia plans of care pre- and post-analgesia and during the peri-anesthetic or pre-analgesic period; order necessary medications and tests in the peri-anesthetic or perianalgesic period and take appropriate action.
SB 376	Kansas Judicial Review Act
SB 376 would make a technical amendment to change all references in the statutes from the Act for Judicial Review and Civil Enforcement of Agency Actions to the Kansas Judicial Review Act.
SB 396	Laboratory Equipment Fund (Dept of Ag)
SB 396 would allow the Department of Agriculture to use funds from the agency’s Laboratory Equipment Fund for acquisition, maintenance, and replacement of equipment used by the agency’s Agriculture Laboratory and Metrology Laboratory. The bill also would allow the Department of Agriculture to transfer up to 10.0 percent of the carry-over balance of the following fee funds to the Laboratory Equipment Fund: Dairy Fee Fund, Fertilizer Fee Fund, Pesticide Use Fee Fund, Agricultural Liming Materials Fee Fund, Petroleum Inspection Fee Fund, Meat and Poultry Inspection Fee Fund, Entomology Fee Fund, and the Weights and Measures Fee Fund. In addition, the bill would place a cap of $500,000 on the total amount of fees in the Laboratory Equipment Fund in any fiscal year.
SB 440	repeal insignia law
SB 440 would repeal the statutes regarding the registration of insignias, i.e., a symbol or an emblem, with the Secretary of State.
SB 463	bond indebtedness for Norton County
SB 463 would add Norton County to those counties authorized to have a bonded indebtedness limit of 30 percent of the assessed value of all tangible taxable property. Current law limits all counties to a 3 percent bonded indebtedness level, except Franklin and Wyandotte counties, for which the limit is 30 percent.
SB 464	property tax payment deadline
SB 464 would clarify the “second half” property tax payment deadline date in three statutes to conform with legislation passed in a previous year.
SB 508	healthcare discount cards
SB 508 would amend current law by creating distinct requirements for suppliers who sell healthcare discount cards and suppliers who market, promote, advertise or otherwise distribute the discount cards.
SB 544	increase area metropolitan transit can serve
SB 544 would increase the area in which a metropolitan transit authority could offer services, from a radius of three miles of the city’s corporate limits to a radius of 90 miles of those city limits.
SB 441	limited partnership mergers
SB 441 would repeal the Revised Uniform Limited Partnership Act to allow limited partnership mergers to take place under the Business Entity Transaction Act (BETA). The bill also would delete the provision in BETA that currently excludes limited partnerships so that BETA can apply to limited partnerships. Limited partnerships would be required to file a certificate of merger with the Secretary of State.
SB 437	limited liability partnerships requirements
SB 437 would create new law regarding limited liability partnerships so that limited liability partnerships have the same requirements regarding resident agents and registered offices as the current law on domestic or foreign limited partnerships.
SB 326	crime victims assistance fund
SB 326, as amended, would increase the amount that may be transferred from the Crime Victims Compensation Fund to the Crime Victims Assistance Fund. Current law limits the annual transfer to $100,000. The bill would increase the maximum transfer to $300,000, annually.
HB 2448	pharmacy act; vaccine administration
HB 2448, as amended, would allow a pharmacist, or a pharmacy student or intern who is working under the direct supervision and control of a pharmacist to administer the influenza vaccine to a person six years of age or older. In addition, the bill would allow the immunizations be provided by the pharmacist to the vaccinee’s primary care provider by mail (current law), electronic facsimile, e-mail or other electronic means.
HB 2455	trusts and trustees
HB 2455 would amend the Uniform Principal and Income Act (UPIA) which deals with how income and distributions are handled in the administration of trusts and estates. The bill deals with the estate tax marital deduction which, under current law, does not allow a transfer to a trust that benefits a surviving spouse. Changes enumerated in the bill would allow for the administration of funds received by the trust, in accordance with IRS rules, for the estate tax marital deduction. In addition, the bill would clarify how the trustee is to proportion trust income for which a tax must be paid.
HB 2485	motor carriers; increasing verification compliance
HB 2485 would increase from 12 to 18 months the time the Kansas Corporation Commission (KCC) would have to verify that the carrier is in compliance with all applicable requirements, after the KCC has first authorized the carrier to operate in Kansas.
HB 2503	Corrections, facility inspections
HB 2503 would explicitly provide the Secretary of Corrections responsibility and authority over the management of parole services operations and facilities.
HB 2557	inheritance tax; applicability provisions
HB 2557 would provide limitations on the liability of estates under the Kansas inheritance tax which, under current law, is eliminated in tax year 2010. The bill also would remove various references to the inheritance tax.
HB 2577	addictions counselor licensure act
HB 2577 would create the Addictions Counselor Licensure Act.
HB 2588	prepaid funerals
HB 2588 would increase the maximum amount that can be placed in an irrevocable pre-financed funeral agreement from $5,000 to $7,000.
HB 2589	prearranged funeral agreements
HB 2589, as amended, would require the disclosure of the following items in a prearranged funeral agreement: The names and addresses of the seller and purchaser; A statement of the funeral goods and services being purchased; Whether the contract is guaranteed or not guaranteed and if it is guaranteed, the goods and services included in the guarantee; Whether the contract is revocable or irrevocable; What happens to excess funds remaining after the funeral goods and services have been paid for; The name of the bank, credit union, or savings and loan, or trustee of the funeral trust in which the funds are deposited; and A notice that reasonable fees and expenses may be deducted from the trust. The bill would take effect January 1, 2011.
HB 2604	sentencing upon conviction of a crime; work release
HB 2604, as amended, would authorize a sentencing court to assign defendants, convicted of misdemeanors or felonies that require imprisonment in the county jail rather than a state correctional facility, to a work release program provided that the defendant return to confinement in the county jail at the end of each day while in the work release program. The bill would clarify that the authority of a sentencing court to order a defendant to a work release program does not include work release programs at state correctional facilities under the control of the Secretary of Corrections.
HB 2638	law enforcement; employees of the horsethief reservoir
HB 2638 would enact new law allowing the governing board of the HorseThief Reservoir Benefit District (HRBD) to appoint a law enforcement manager and associated officers. The law enforcement officers would be required to meet the requirements of the Kansas Law Enforcement Training Act. In addition, the bill would permit the Kansas Law Enforcement Training Center to charge tuition for each HRBD enforcement officer enrolled in a course at the Center.
HB 2415	state surplus property act; educational institutions
HB 2415 would exempt the state universities from being required to sell, trade, or dispose of personal property owned by these institutions through State Surplus Property, and would give the Board of Regents oversight of the process.
HB 2469	crimes and punishments related to sentencing
HB 2469, as amended, would amend current law with respect to criminal history category to delete the language in the statute regarding applicable penalties so that there is no ambiguity that prior convictions can be counted in determining the criminal history category of a defendant.
SB 541	court of appeals, number of judges
SB 541 would amend KSA 20-3002 and delay the appointment of the 14th Court of Appeals Judge position forward one year from January 1, 2011, to January 1, 2012. Enactment of the bill would eliminate the need for the Judicial Branch to spend $389,340 from the State General Fund for the appointment of the 14th Court of Appeals Judge in FY 2011. The expenditure included $189,841 for half a fiscal year’s salaries and wages associated with the new judge and two staff and $199,499 for the construction of offices. This funding is included in the Judiciary’s FY 2011 budget.
SB 533	electronic citations, complaints and notices to appear
SB 533 would amend current law regarding traffic, municipal courts, and county code enforcement to allow for the use of an electronic citation system to issue citations, complaints, and notices to appear. The bill also would authorize electronic signatures as the intent to sign the record.
SB 513	alternative project delivery building construction
Sub for SB 513 would amend the Alternative Project Delivery Building Construction Procurement Act. The bill would amend existing law to include district hospitals in the alternative delivery building construction process.
SB 497	criminal use of weapons
SB 497 would add clarifying language to existing law by explicitly exempting the lawful selling, manufacturing, purchasing, possessing, or carrying of certain ordinary pocket knives from prosecution under the criminal weapons use statutes. The pocket knives covered under the change would be those having a spring, detent, or other device which creates a bias toward closure of the blade. Additionally, the bill would require that the exempted knives use hand pressure applied to a button on the blade of the knife to overcome the bias towards closure to assist in the opening of the knife.
SB 415	investment of certain bonds, bond income
SB 415, as amended, would amend provisions applying to the investment of certain bond proceeds by governing bodies of certain municipalities.
SB 414	HC stabilization fund
SB 414, as amended, would amend the Health Care Provider Insurance Availability Act to exempt transfers from the State General Fund (SGF) to the Health Care Stabilization Fund (HCSF) as required by KSA 2009 Supp. 40-3403(j) from the allotment authority delegated by statute (KSA 75-3722) to the Secretary of Administration.
SB 394	pesticide education
SB 394 would add educational institutions, state and federal agencies, and any other person to the list of entities or individuals that the Secretary of Agriculture may cooperate with to publish information and conduct short courses of instruction on the safe use and application of pesticides. Currently, the Secretary may cooperate only with Kansas State University. The bill also allows the Secretary to cooperate with these same entities to carry out the related provisions of pesticide law.
SB 373	municipal courts, clarifying ordinance violations
SB 373 would amend the law to clarify that all municipal ordinance violations, except for nonmoving traffic violations, require the municipal court to charge a $19 assessment.
SB 372	guardianship and conservatorship
SB 372 would require that orders establishing and governing a guardianship or conservatorship, or both, issued by a court of competent jurisdiction of any other state, regardless of the specific terminology used in that state’s laws, be given full faith and credit within Kansas, except when doing so would be in specific violation of any Kansas law.
HB 2418	concerning the carbon dioxide reduction act
HB 2418, as amended, would amend provisions of the Carbon Dioxide Reduction Act regarding the liability of the state. Except as permitted by the Kansas Tort Claims Act, no provision of the Carbon Reduction Act could impose on the Kansas Corporation Commission, any of its employees, or the State of Kansas any liability or responsibility to pay damages resulting from the leak or discharge of carbon dioxide from any carbon dioxide injection well or underground storage site.
HB 2440	victim notification of competency evaluation
HB 2440, as amended, would require the Kansas Department of Corrections (KDOC) to notify crime victims or victims’ family members, as soon as practical, of the status of a defendant when the defendant is diverted from the criminal justice system for an evaluation of his or her competency to stand trial or for involuntary commitment. Notification would be required only for defendants charged with, or inmates convicted of, crimes under Article 33 (Anticipatory Crimes), Article 34 (Crimes Against Persons), Article 35 (Sex Crimes), or Article 36 (Crimes Affecting Family Relationships and Children) of the Kansas Criminal Code. State security hospitals, county or private institutions, courts, and the Department of Social and Rehabilitation Services (SRS) are required to notify the KDOC of any changes in defendants’ custody resulting from hearings or proceedings for the purposes of providing victim notification.
HB 2468	sex offender registration
HB 2468, as amended, would amend the Kansas Offender Registration Act to require a person convicted of any attempt, conspiracy, or criminal solicitation of certain sex crimes to register for life. The sex crimes that would require lifetime registration would be the attempt, conspiracy, or criminal solicitation to commit aggravated trafficking, rape, aggravated indecent liberties with a child, aggravated criminal sodomy, promoting prostitution if the prostitute is less than 14 years of age, and sexual exploitation of a child.
S Sub HB 2476	extend surcharge for non-judicial personnel
Senate Sub for HB 2476 would increase and extend to June 30, 2011, the Judicial surcharge the Legislature authorized in 2009 SB 66 to fund non-judicial personnel. The surcharge would be increased from $10 to $17.50 on most court docket fees. Expungement of conviction, expungement of arrest record, marriage license fee, general rule on court procedures, and expungement of juvenile adjudication surcharges would be increased more than $10. In addition, a $100 docket fee is added for expungement of an adult conviction or a juvenile adjudication.
HB 2535	John Neal memorial highway
HB 2535 would designate a portion of Highway K-61, from the north city limits of Hutchinson to the south city limits of Medora, as the John Neal Memorial Highway.
HB 2544	public trust compensation for superfund sites
HB 2544, as amended, would change the method of compensation for members of the state public trust established for certain communities within Superfund sites. Current law provides that the trustees for certain communities within superfund sites receive subsistence and travel reimbursement for the days they meet. The bill would change that compensation to the per diem rate of members of the Legislature for days of actual attendance at any meeting of the trust ($88.66 per day).
HB 2547	vehicle dealers and manufacturers licensing act
HB 2547 would amend the Vehicle Dealers and Manufacturers Licensing Act in provisions having to do with contractual agreements between vehicle dealers and vehicle manufacturers and distributors (“manufacturers” below). It also would extend the time a truck with temporary registration could be operated while laden. The bill would become effective upon publication in the Kansas Register.
HB 2566	references in Kansas Food, Drug, and Cosmetic Act
HB 2566, as amended, would change all references to the Kansas Department of Health and Environment in the Kansas Food, Drug, and Cosmetic Act to the Kansas Department of Agriculture as it relates to regulating over-the-counter drugs and cosmetics.
HB 2581	correctional supervision fee
HB 2581, as amended, would change the term probation or community correctional service fee to a correctional supervision fee. The bill would increase the correctional service fee amount offenders are required to pay if convicted of a misdemeanor from $25 to $60. For felony convictions, the correctional services fee would increase from $50 to $120. The bill also would create a new fund in the state treasury which would be called the Correctional Supervision Fund. The additional funds collected from the payment by offenders of the increased correctional service fee will be deposited in the Correctional Supervision Fund.
HB 2649	little bluestem state grass
HB [2649] would designate the little bluestem as the official grass of Kansas.
HB 2661	recodification of drug code in 2009 HB 2332
HB 2661 would correct inadvertent errors made in the recodification of the drug code in 2009 HB 2332.
HB 2678	Vern Chesbro Memorial Hwy
HB 2678 would designate a portion of US-59 in Franklin County as the Vern Chesbro Memorial Highway. The portion of US-59 so designated would be between the northern boundary of Franklin County and the intersection of US-59 and I-35.
HB 2698	City of Ogden sanitary sewer easement
HB 2698 would authorize and direct the Secretary of State to grant a permanent sanitary sewer easement to the City of Ogden on state-owned land. The purpose of the easement would be for construction and maintenance of the outfall pipe and a concrete headwall for the Ogden wastewater treatment facility, and the easement would terminate if the land is no longer used for this purpose. The bill would require the easement to be conditioned on the facility assuming full responsibility of the easement and holding the State harmless.
SB 393	revocation of licenses by Dept. of Agriculture
SB 393, as amended, would amend several sections of law administered by the Kansas Department of Agriculture to provide that actions such as revocation of a license taken by the Agency would be subject to notice and opportunity for a hearing. Current law requires the notice and the hearing to take place. Sections of law which would be amended by the bill include provisions relating to the licenses of live plant dealers; licenses, permits, registrations, or certificates issued by the Agency for pest control and the pesticide use laws; licenses issued under the Kansas Egg Law; permits issued to chemigation users; licenses issued to public grain warehousemen; registrations issued under the Kansas Meat and Poultry Inspection Act; licenses and permits issued under the Kansas Dairy Law; certain licenses under the Kansas Weights and Measures Law; and civil penalty actions taken by the Secretary for violations of law or rules and regulations under the Department of Agriculture’s authority.
SB 410	debit cards and state agencies
SB 410 would amend KSA 2009 Supp. 75-30,100 to permit the acceptance of debit cards by state agencies. The bill would require a business hosting a website through which a state agency receives payments to notify the agency and card holder in writing within 14 days when a payment from a debit card has been refused. The notice would provide the state agency with the name, address, purpose and amount of the payment; the date the payment was refused; and the reason for the refusal. If a business fails to comply with the provisions of the bill, the agency would be entitled to receive a $100 civil penalty. The holder of the refused debit card payment would be required to make the payment to the agency within 30 days after the notice is received. If the person fails to make the payment within 30 days, the agency would be entitled to a $100 civil penalty.
SB 460	priority of orders concerning children
SB 460, as amended, would amend several statutes to clarify the priority of certain orders concerning children. The bill would: Clarify that custody orders, parenting time orders, or orders related to the best interests of a child issued pursuant to a child in need of care (CINC) or juvenile offenders (JO) action take priority over any orders in an adoption or relinquishment proceeding, or a guardian and conservator proceeding, until the jurisdiction under the CINC or JO case has terminated.
Sub SB 475	definition of funeral director
Sub for SB 475 would add to the current definition of “funeral director” that in addition to directing or supervising the disposition of dead human bodies, the funeral director would also arrange for the disposition of dead human bodies. Further, all of these activities would apply to burial or cremation. The bill also would exempt persons engaged in the business of providing cremation services, for five consecutive years prior to this act from the apprenticeship requirements for licensure as a funeral director, provided application for such licensure is made within six months of the effective date of this act. Any person who is exempt from the apprenticeship requirements would have a grace period of 120 days to comply with the requirements for licensure as a funeral director.
SB 491	respiratory therapist licensing
SB 491 would delete a provision in current law concerning respiratory therapists who were registered rather than licensed on February 29, 2000, which is no longer applicable. The bill also would shorten the expiration period for temporary licenses issued to respiratory therapists from a period of one year to six months.
SB 500	use of "Doctor", "MD", "DO", "DC"
SB 500 would amend current law to allow the use of the word “doctor” or the letters “M.D.,” “D.O.,” or “D.C.” by unlicensed medical doctors, doctors of osteopathic medicine, or doctors of chiropractic medicine if the individual: earned a professional degree from an accredited healing arts school or college; and If the use of such word or initials is not misleading to the public, patients or other health care providers that the individual is: engaged in the practice of healing arts; or licensed to practice healing arts in this state.
SB 519	payment of traffic tickets, electronic court signatures
SB 519, as amended, would: allow payment of traffic tickets and fines for violation of county codes and resolutions by any means accepted by the court; authorize, upon the appropriate Supreme Court rule, an electronic signature of the Clerk of the District Court which would have the same legal effect as a manual signature on records and judicial proceedings requiring the attestation of the Clerk; authorize the conveyance of a written statement or affidavit for a search warrant by electronic communication, i.e., the use of electronic equipment to send or transfer a copy of an original document; eliminate the requirement that certain docket fees must be paid by mail or in person; amend the Juvenile Code to authorize an adjudication court to use electronic means to send documents to the sentencing court; and amend the Probate Code to require the district court to transmit the entire file to the proper county, if proceedings are instituted in more than one county, once proper venue is determined.
H Sub SB 316	water rights
House Sub for SB 316 would permit those holding groundwater rights meeting certain criteria to claim due and sufficient cause for nonuse and therefore, ineligible to be deemed abandoned by the Division of Water Resources. To meet the due and sufficient cause for nonuse criteria, the water right must have as its local supply an aquifer area that has been closed to new appropriations (by rule, regulation, or order of the Chief Engineer), and where means of diversion are available to put water to a beneficial use within a reasonable time.
SB 531	radon certification law
SB 531, as amended, would create the Radon Certificate Law which would require certification of radon measurement technicians, radon mitigation technicians, and radon measurement laboratories by the Secretary of the Kansas Department of Health and Environment (KDHE).
SB 461	district magistrate judges, compensation
SB 461, as amended, would require that supplemental funding be deposited in the state treasury and credited to the District Magistrate Judge Supplemental Compensation Fund. All associated employer contributions and payments would be paid by the county providing the supplemental funding in the same manner, conditions and requirements as the judge’s conventional salary. Applicable withholding or other taxes, associated retirement or other employer contributions and authorized payroll deductions would apply to the supplemental funding. Payrolls would be approved by the Chief Justice of the Supreme Court. All salary and other compensation would be considered to be provided by law for services as a district magistrate judge for all purposes under law.
H Sub SB 458	KS uniform securities act, crimes/criminal procedure
House Sub for SB 458 would amend the Kansas Uniform Securities Act to: make an intentional securities violation pursuant to KSA 17-12a501 (securities fraud) or 17-12a502 (investment adviser fraud) a felony.
SB 439	SOS relating to the Kansas Register
SB 439 would update and clarify the laws regarding the publication of the Kansas Register. Specifically, the bill would: require the Kansas Register to publish all notices of hearings on proposed administrative rules and regulations and the full texts of all administrative regulations that have been adopted and filed with the Secretary of State; require each issue of the Kansas Register to have a table of contents; require the Kansas Register to publish a cumulative index, at least annually; clarify that paper copies of the Kansas Register would be made available upon a payment of a fee fixed by the Secretary of State; require each agency to designate a liaison through whom all required documents may be electronically submitted to the Secretary of State for publication in the Kansas Register; and require other entities to submit documents electronically to the Secretary of State for publication in the Kansas Register.
SB 389	dental benefits under health insurance
SB 389, as amended, would prohibit health insurers from setting fees for services provided by dentists that are not covered by a contract, issued or renewed after the effective date of this Act, between the insurer and the dentist (a participating provider in the insurer’s health benefit plan).
SB 386	crimes/criminal procedure; video testimony
SB 386, as amended, would amend the law on discovery and inspection of documents in criminal cases and the admissibility of certain evidence in criminal cases.
SB 346	Secretary of Corrections; transfer of offenders
SB 346, as amended, would grant the Secretary of Corrections four, rather than three, business days to notify the sheriff to immediately convey the offender in his or her custody to the Department of Corrections Reception and Diagnostic Unit. The bill would require the Secretary to be responsible for all medical care and treatment costs of the offender while in the actual physical custody of the Secretary.
H Sub SB 312	property taxation; loans to counties PMIB
House Sub for SB 312 would authorize counties paying large property tax refunds relative to a single property whose value exceeds five percent of the total countywide tax base to request a loan from the Pooled Money Investment Board (PMIB) to assist in the payment of such refunds. The loans would bear interest equivalent to the PMIB investment portfolio earnings rate at the time of the loans; could not exceed an aggregate of $50 million statewide; and would be required to be repaid within four years. Participating counties would be required to make equal annual tax levies sufficient to pay the loans within the four year period.
H Sub SB 305	KS tort claims act; charitable health care providers
House Sub for SB 305 would amend current law concerning the Kansas Tort Claims Act and charitable health care providers. The bill would amend the definition of a “charitable health care provider” to include mental health practitioners who are licensed by the Behavioral Sciences Regulatory Board. The bill also would replace the Department of Social and Rehabilitation Services with the Kansas Health Policy Authority as the agency that operates programs for persons receiving medical assistance.
H Sub SB 255	retailers taxation for Kingman/Pott
House Sub for SB 255 would authorize Kingman County, without sharing the revenues with cities located in that county, to impose a sales tax of up to 1.0 percent for up to 20 years for jail and law enforcement center construction; and roadway and bridge improvements.
H Sub SB 234	civil procedure; garnishment
House Sub for SB 234 would amend existing law concerning garnishments that attach to earnings of a judgment debtor. The bill would: Require a creditor to return to the garnishee any amount in excess of what is due, who would then be required to distribute the amount pro-rata to any other creditors or, if none, refund the money to the judgment debtor; Eliminate the requirement for a written explanation of garnishment computation with each paycheck; Provide that the garnishee has 14 days from the date of service of an initial garnishment order to complete an answer. No further answer would be required; however, a party or the court may request an affidavit, explaining the garnishment computation for any pay period. The affidavit is required to be submitted within 14 days of the service of the request; Require the party requesting the garnishment to provide the garnishee the amount of the unsatisfied balance of the judgment at the time the order of garnishment is issued.
H Sub SB 213	rules/regs filing act
House Sub for SB 213 would amend the Rules and Regulations Filing Act. The bill would update the Act by removing obsolete language and allow for future publication of the Kansas Administrative Rules and Regulations (KARs) in electronic form by the Secretary of State.
H Sub SB 200	privilege fees for HMOs
House Sub for SB 200 would amend KSA 40-3213 so that all health maintenance organizations (HMOs) operating in Kansas would pay the same privilege fee rate of 1.0 percent on all premiums charged.
H Sub SB 75	cemetery corporations
House Sub for SB 75 deals with cemetery corporation accounting. The bill would do the following for both the cemetery corporation permanent maintenance fund and the cemetery merchandise trust fund: Authorize the Attorney General, at the request of the Secretary of State, to initiate an action for an accounting of either fund or its accounts; If it is determined that the fund is underfunded due to inadequate deposits or unauthorized distributions, authorize the cemetery corporation to propose and implement a plan for correcting the fund’s deficiencies, subject to the Secretary of State’s approval; and Authorize the Secretary of State to resolve equitably the results of an audit.
Sub SB 67	mistreatment of dependent adult; identity theft
Sub for SB 67, as amended, would amend the crimes of mistreatment of a dependent adult, identity theft and identity fraud, and criminal possession of a firearm.
H Sub SB 25	social workers; social worker safety
House Sub for SB 25 would amend the continuing education requirements for baccalaureate, master, and specialist clinical social workers. On and after January 1, 2011, applicants for first-time licensure renewal would be required to have completed, as part of their continuing education requirements, not less than six hours of social worker safety awareness training. If the applicant has taken the training as part of a previous level of social worker licensure renewal, the applicant would not be required to complete an additional six hours of social worker safety awareness training.
S Sub HB 2039	sheriff/undersheriff; duties of county clerk
Sub for HB 2039 would amend current law to clarify that when there is no sheriff or undersheriff, the county clerk will assume the duties and powers of the office of sheriff until a sheriff is elected or qualified. The bill also would clarify that when the sheriff is in jail, the county clerk would be the keeper of the jail.
HB 2107	KP&F Retirement System
HB 2107 would permit affiliation by the Adjutant General with the Kansas Police and Firemen’s (KP&F) Retirement System in order to provide membership to certain qualified firefighters and to offer enhanced benefits for future service.
Sub HB 2345	Insurance code, long-term care annuities
Sub for HB 2345, as amended, would amend a provision in the Insurance Code to allow the incorporation of long-term care insurance into annuities and would enact new law and amend the Kansas Consumer Protection Act to create provisions applying insurance settlement payments for damages to real property subject to a mortgage.
HB 2412	release for terminally ill inmates
HB 2412, as amended, would amend the law on functional incapacitation release and would create a new procedure for the release of a terminally ill inmate whose medical condition is likely to cause death within 30 days.
HB 2435	crime/criminal sentencing statutes
The bill would amend current law to clarify that the penalty for an attempt, conspiracy, or criminal solicitation to commit certain sex crimes where the victim is a child less than 14 years of age would be an off-grid offense. The sex crimes that would require the imposition of a penalty for an off-grid offense would be the attempt, conspiracy, or criminal solicitation to commit aggravated trafficking, rape, aggravated indecent liberties with a child, aggravated criminal sodomy, promoting prostitution if the prostitute is less than 14 years of age, and sexual exploitation of a child.
HB 2472	KS Uniform Common Interests Owners
HB 2472 relates to several local government issues. The bill would (1) establish a new act entitled the Kansas Uniform Common Interest Owners Bill of Rights Act; (2) temporarily prohibit a municipality from requiring the installation of a multipurpose sprinkler system in a residential structure; (3) modify several statutes dealing with rehabilitation of abandoned houses; and (4) expand the authority to establish a county land bank from only Wyandotte county to any county. Details of the bill follow.
HB 2500	KS Municipal Group-Funded Pool
HB 2500, as amended, would amend a provision in the Kansas Municipal Group-Funded Pool Act to allow municipal insurance pool applicants to submit a confirmation that reinsurance approved by the Insurance Commissioner is in effect or will be effective at the time the pool assumes risk. Confirmation of reinsurance approval would be in addition to current statutory requirement that a municipal pool holds excess insurance provided by an insurance company holding a Kansas certificate of authority. Additionally, the pool would be required to notify the Insurance Commission within 30 days of any change in the reinsurance it carries.
HB 2501	KS Uninsurable Health Insurance Plan Act
HB 2501 would amend the statutory requirements for the liability of mortgage guaranty insurance companies, would amend the Kansas Uninsurable Health Insurance Plan Act, would update the effective of risk-based capital instructions, would establish additional restrictions to the genetic testing law, and would amend the Kansas Insurance Score Act and enact new law supplemental to the Act.
H Sub 2517	domestic violence designation
Sub for HB 2517, as amended, would create new law to require, on or after July 1, 2011, a domestic violence designation in a criminal case by the court if the trier of fact determines that a defendant committed a domestic violence offense. Only if the court finds, on the record, that the defendant has not previously committed a domestic violence offense or participated in a diversion agreement on a complaint alleging a domestic violence offense, and the domestic violence offense was not used to coerce, control, punish, intimidate, or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member, would the court be authorized to not place a domestic violence designation on the criminal case or the defendant
HB 2551	recovery zone bonds and energy conservation bonds
HB 2551 would authorize the Department of Commerce to distribute two types of bonds called recovery zone bonds and energy conservation bonds to counties and large municipalities in Kansas pursuant to the allocation methods specified in §§ 1400U-1 and 54D(e)(1) of the federal Internal Revenue Code, respectively. The allocation formula for the recovery zone bonds is based upon unemployment rates in 2008, and for the energy conservation bonds the allocation is based upon total population. For the purposes of these two bonds, a large municipality is defined by federal statute to mean a city with a population greater than 100,000. The bill would grant rulemaking authority to the Commerce Department to administer provisions of the act.
HB 2553	KS Enterprise Zone Act
HB 2553 would update references contained in the Kansas Enterprise Zone Act by changing citations from the Standard Industrial Classification (SIC) Code to the North American Industry Classification System (NAICS).
HB 2560	KS Real Estate Brokers' and Salespersons' Licenses
HB 2560 would amend the Kansas Real Estate Brokers’ and Salespersons’ Licenses Act and the Brokerage Relationship in Real Estate Transaction Act (BRRETA) to allow for restrictions to be placed on a real estate license after notice and an opportunity for a hearing is given instead of requiring an actual hearing to be held.
S Sub HB 2585	shield law
Senate Sub for HB 2585 would create a journalist’s privilege with regard to certain disclosures of information commonly referred to as a “shield law.”
HB 2605	DNA database fees
HB 2605, as amended, would require the court to order certain fees for forensic science or laboratory services or forensic computer examination services, or a DNA database fee.
HB 2608	Banking Code
HB 2608, as amended, would amend a provision in the Banking Code governing the assessment on state-chartered banks and trust companies to: Specify that an assessment may be collected by the Bank Commissioner as needed in such installment periods as the Commissioner deems appropriate. The installment periods are limited under the bill to a frequency of at least monthly; Specify that when an invoice for the assessment has been issued by the Commissioner, payment is due within 15 days of the date of the invoice; and Allow the Commissioner to impose a penalty on the annual assessment when the payment is 15 days or more past due; the penalty established under the current law is in the amount of $50 per day.
HB 2652	Kelsey Smith Act
HB 2652 would amend the Kelsey Smith Act to require all wireless telecommunications carriers registered to do business in the state and all resellers of wireless telecommunications services to submit emergency contact information to the Kansas Bureau of Investigation (KBI). Under current law, the KBI is required to obtain the information from the carrier. Carriers would be required to submit the information annually by June 15th or immediately upon any change in emergency contact information. The KBI would be required to maintain a database containing the emergency contact information provided by the carriers and make the information immediately available upon request to public safety answering points in Kansas.
HB 2666	KAHD fees
HB 2666 would increase the statutory maximum amounts of several fees within the Kansas Animal Health Department (KAHD). The bill would increase the statutory maximums of the renewal market license fee and the electronic auction license fee from $40 to $250. The bill also would increase the statutory maximum amount of the fee per head from $.15 to $.25 that public livestock market operators and electronic auction operators collect on all livestock sold at public livestock markets and electronic auctions.
SB 537	validity of liens
SB 537, as amended, would create new law to authorize any person aggrieved by an alleged violation of the statute on expedited determination of validity of liens to bring a civil action against the person who filed or recorded the documents, after the court makes a finding that a lien or claim is fraudulent. The bill would specify, however, that no action may be brought against the filing office or filing officer. The burden would be on the plaintiff to prove, by a preponderance of the evidence, that the defendant knew or should have known that documents filed or recorded were in violation of the statute on expedited determination of validity of liens.
H Sub 449	medical gas piping systems
House Sub for SB 449 would amend existing law by requiring that all repairs, maintenance, or inspection of medical gas piping systems be completed by a person that is licensed under plumbers and plumbing in cities’ and counties’ statutes and is certified under the appropriate professional qualifications standard or standards of ASSE Series 6000. The installers would be required to obtain a proper permit from the county or city for which the medical gas is being installed. In addition, all inspections would be done by a third party agency certified under the same standards, and all documents of the inspection and certificates of the installer would be provided to the county or city prior to any occupancy of the building or unit in which the medical gas piping has been installed.
SB 430	historic tax credit and other revenue changes
SB 430 would make several changes to 2009 legislation designed to provide a “haircut” for selected income tax credits; make a number of changes to various sales tax administration statutes designed to keep Kansas in conformity with the multistate Streamlined Sales and Use Tax Agreement (SSUTA); would amend a number of different tax statutes relative to the definition of the term “willfully”; would impose a small fee under certain circumstances for taxpayers’ entering into installment payment plans; would move administration of local option intangibles taxes from the state to the local level; and would authorize the Department of Revenue to require electronic filing of withholding forms and sales or use tax returns.
SB 382	KS Housing Loan Deposit Program
SB 382, as amended, would amend statutes governing the Kansas Housing Loan Deposit Program. The Program was established to provide incentives for housing construction development loans to qualified builders and developers. Under the law, from July 1, 2008, through July 1, 2011, one half of the total available amount is designated for housing loans to eligible developer borrowers building houses in the cities of Chanute, Coffeyville, Erie, Fredonia, Greensburg, Independence, Iola, Neodesha, or Osawatomie. The total loans rewarded under the Program are not to exceed $60.0 million.
H Sub SB 381	new definitions for "use of force"
House Sub for SB 381 would: Specify that the bill is meant to apply retroactively; Add a new definitions section in which “use of force” is defined to include threats; Clarify that a person who threatens deadly force, which is also defined in the new definitions section, would be subject to the statutory provision governing “use of force,” rather than use of deadly force; Add “place of work” to the list of places where a person can use deadly force to prevent or terminate an unlawful entry or attack, if such person reasonably believes it is necessary to prevent imminent death or great bodily harm; Clarify that a person would not be required to retreat when using force to protect a place of work; and Create a presumption of reasonableness with regard to the use of deadly force in circumstances described in the bill. The bill would take effect upon publication in the Kansas Register.
H Sub SB 377	KS Fairness in Private Construction Act
House Sub for SB 377 would amend the Kansas Fairness in Private Construction Act and the Kansas Fairness in Public Construction Act dealing with retainage and alternate security. Under current law, the statute defines “retainage“ as money earned by a contractor or subcontractor, but withheld to ensure proper performance by the contractor or subcontractor.
SB 369	KORA
SB 369, as amended, would amend the Kansas Open Records Act (KORA) as follows: Reconcile an exception that was amended twice during the 2009 Legislative Session; Eliminate certain references regarding domestic corporations, foreign corporations, domestic limited partnerships, foreign limited partnerships, domestic limited liability partnerships, and foreign limited liability partnerships; Allow the social file of a juvenile offender to be disclosed to the juvenile’s guardian ad litem; Provide that a public agency would not be required to disclose an individual’s e-mail address, cell phone number, and other contact information which has been given to the public agency for the public agency’s notification or communications which are widely distributed to the public; Continue the exception regarding real estate validation questionnaires found in KSA 79-1437f until July 1, 2015.
SB 362	continuing teach contracts
SB 362 would amend the teacher continuing contract law. School boards would have to notify teachers and administrators of the board's intent not to renew the teacher or administrator's contract by the third Friday in May. Teachers and administrators would then have 14 calendar days from the date of notice to respond to the school board.
SB 359	catastrophic aid
SB 359 would amend the special education catastrophic state aid law for the 2009-2010 school year by increasing the threshold for eligibility to $36,000 (current threshold is $25,000) and by requiring that state special education state aid and federal special education state aid, including Medicaid Replacement State Aid, be deducted in determining the amount of reimbursement per special education student.
Sub 353	human trafficking
H Sub 269
House Sub for SB 269 would amend the Kansas Consumer Protection Act (KCPA) to add veterans as a protected consumer and to add provisions concerning the Musical Performance Advertising Act.
H Sub 262
SB 262 would amend the statutes that deal with Emergency Medical Services (EMS). The bill would establish a scope of practice for the professions by rules and regulations established by the Kansas Board of Emergency Medical Services (Board). The professions would have to complete a course of instruction approved by the Board and be specifically authorized to perform activities by medical protocol.
H Sub 83
House Sub for SB 83 would create the Naturopathic Doctors Licensure Act by making amendments to existing law to change the regulatory status of naturopathic doctors and also would amend the Physical Therapy Practice Act by creating two new licensure categories, “exempt license” and “federally active license.”
SB 62
SB 62 would enact new law regarding Human Immunodeficiency Virus (HIV) screenings for pregnant women and newborn children, would create new law and amend existing law relating to the responsibilities for the prevention and control of tuberculosis in postsecondary institutions, and would amend the law regarding the licensure of audiologists.
SB 30
SB 30, as amended, would amend existing law related to surplus property, and exempt certain sales from the State Surplus Property Act, effective upon publication in the Kansas Register. First, the Director of Legislative Administrative Services would be authorized to sell computers that are off-lease, and not being returned to the lessor, to members of the Legislature, Legislative staff who used the equipment, and if the aforementioned parties decline to purchase this equipment, it will be offered to local public libraries. The rules for such sales would be prescribed by the bill. Second, the agency head of a state law enforcement agency would be authorized to sell personal sidearms to state law enforcement officers who either retire or resign to take another law enforcement job.
Sub HB 2432
Sub for HB 2432 would amend the statute that authorizes attorney fees to be taxed as costs in certain actions involving negligent motor vehicle operation. The bill would increase the cap on the property damage amount from less than $7,500 to less than $15,000.
S Sub HB 2160
Senate Sub for HB 2160, as amended, would enact new law and amend existing law to specify certain requirements for the coverage of services for the diagnosis and treatment of autism spectrum disorder (ASD) State health care benefits program] and for the coverage for orally administered anticancer medications, on a basis no less favorable than intravenously or injected cancer medications that are covered as medical benefits.

Senator Kelly Kultala Kansas District 5 Wyandotte & Leavenworth Counties