TOPEKA
April 14, 2024
Senate Highlights – Weekly overview
This week was the last week of legislative activity before VETO session. Early Saturday morning, the Senate gaveled out for adjournment and will reconvene on April 25th. When we return, the legislature will consider any items the governor has vetoed and complete its work on the budget and any other remaining bills. The wrap-up period is expected to not last long, but work remains on a few topics.
Senate Floor Action
Conference Committee process
The Senate voted on numerous conference committee reports and also debated bills on the Senate Floor. A conference committee is a small, bipartisan, and bicameral committee that works to smooth out the differences between the House and Senate’s version of a similar bill. Once the conference committee reaches a compromise, the negotiated bill is sent to both the House and Senate for a final vote before advancing to the governor’s desk. Within ten days after passage, a bill must be signed by the presiding officers of each chamber, the chief clerk of the House and the secretary of the Senate, and be presented to the governor for approval. The governor has ten days after receipt of the bill to act on it. If the governor does not act on it during the ten-day period, the bill automatically becomes law without the governor’s signature. Most bills passed by the Legislature are approved by the governor. However, the governor may veto a bill by refusing to sign it and returning it to the chamber in which the bill originated, together with a statement of the reasons for the veto. In appropriation bills only, the governor may veto some items (line-item) and approve the others by signing the bill. However, should the governor veto a bill, the Legislature, by a two-thirds vote in both chambers, may override (overturn) the governor's veto and the bill will be enacted into law without the governor’s signature. Once the bill becomes a law, whether by the governor’s approval or a legislative override, it is filed with the Secretary of State.
Tax Plan
Sub Bill for HB 2036 would make various changes to income, sales, and property tax law. Specifically, the bill would:
- Restructures and simplifies individual income tax brackets from three to two (5.5% and 5.15%) and lowers the two brackets from their current levels of 5.7%, 5.25% and 3.1%.
- Exempts Social Security income from the individual income tax.
- Increases the personal exemption to $9,160 for single filers and $18,320 for married couples, with an additional $2,320 for every dependent in the household.
- Increase the standard deduction amounts from $3,500 to $3,605 for single filing status, $8,000 to $8,240 for married filing status, and $6,000 to $6,180 for head of household filing status beginning in tax year 2024.
- Reduces privilege tax rates.
- Abolishes the Local Ad Valorem Tax Reduction Fund
- Exempts $100,000 of appraised value of residential property exempt from the statewide property tax and reduces the statewide mill levy to 19.5 mills.
- Accelerates the elimination of the state sales tax on food to July 1st.
Sub Bill for HB 2036 passed with bipartisan support in both chambers, with a vote of 24-9 in the Senate and 119-0 in the House, it is now headed to the governor. I voted yes.
Budget
SB 28 as recommended by the Conference Committee on House Appropriations and Senate Ways and Means, contains supplemental funding in FY 2024, funding for most state agencies for FY 2025, and selected adjustments for FY 2026 through FY 2028. SB 28 passed 26-12; having passed the House, it is headed to the governor. I voted yes.
Education Budget
Expenditures for the Kansas State Department of Education reflect expenditures in SB 387, as recommended by the Conference Committee on House K12 Education Budget and Senate Education, which will be finalized when the Legislature returns for the wrap-up session. For the purposes of this report, expenditures related to the Kansas State Schools for the Blind and Deaf, State Historical Society, and State Library are included within the higher education function of government.
S Sub for HB 2124 would amend law pertaining to microbreweries. The bill would permit microbreweries to self-distribute beer and hard cider up to certain limits, lowers the number of barrels per year a microbrewery may manufacture and store, and requires a study and report on licensed microbrewery compliance with state laws and rules and regulations regarding the collection and remittance of alcoholic liquor enforcement and gallonage taxes. S Sub for HB 2124 passed 37-2 and also passed the House; it is headed to the governor. I voted yes.
SB 115 would enact the Child Advocate Act (Act) which would establish the Office of the Child Advocate (OCA) as an independent state agency. The bill would also amend law in the Revised Kansas Code for Care of Children (CINC Code) and the Revised Kansas Juvenile Justice Code (Juvenile Code) to specify the OCA would have access to certain files and records of a child subject to proceedings under these Codes. SB 115 passed 36-3; having passed the House, it is headed to the governor. I voted yes.
HB 2562 would create the Protect Vulnerable Adults from Financial Exploitation Act and make amendments to the Kansas Uniform Securities Act (KUSA) relating to reporting of instances of suspected financial exploitation, grounds for discipline, and civil and administrative immunity. It creates the Kansas Contract for Deed Act and authorizes the Kansas Real Estate Commission to issue cease-and-desist orders when the Commission has determined a person is practicing without a valid broker’s or salesperson’s license and makes any restrictive covenant on real property in violation of the Kansas Acts Against Discrimination (KAAD). HB 2562 passed 38-1; having passed the House, it is headed to the governor. I voted yes.
Sub Bill for SB 271 would prohibit government agencies from purchasing or acquiring drones whose critical components were produced in a country of concern, or whose critical components were produced or owned by a foreign principal. The bill would also prohibit state agencies from entering into a contract or agreement to procure final or finished goods or services from certain foreign principal. Sub Bill for SB 271 passed 21-12; having passed the House, it is headed to the governor. I voted yes.
HB 2105 would prohibit postsecondary institutions from taking certain actions concerning diversity, equity, or inclusion (DEI). HB 2105 passed 28-11; having passed the House, it is headed to the governor. I voted yes.
HB 2465, which would enact the Adoption Savings Account Act that would establish modifications to the Kansas adjusted gross income of an individual for contributions to an adoption savings account and amend the adoption tax credit. It would also enact the Pregnancy Resource Act which would provide a tax credit for certain contributions to certain pregnancy resource centers and residential maternity facilities and enact a sales tax exemption for pregnancy resource centers and residential maternity facilities. HB 2465 passed 29-10; having passed the House, it is headed to the governor. I voted yes.
HB 2096 would enact the Veterans’ Valor Property Tax Relief Act and would make changes to the Homeowners’ Property Tax Freeze Program, create property tax exemptions for certain businesses subject to government competition and certain personal property, limit transactions that can be considered valid sales for property tax purposes, and modify law related to property valuation notices and appeals. HB 2096 passed 23-14. I voted yes.
SB 458 amends several provisions of the Kansas Standard Asset Seizure and Forfeiture Act. It specifies that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants. SB 458 passed the Senate 35-0. Having also passed the House, it now heads to the governor. I voted yes.
HB 2144 would establish the crime of organized retail crime in the Kansas Criminal Code, make organized retail crime a type of “racketeering activity” under the Kansas Racketeer Influenced and Corrupt Organization (RICO) Act and amend law concerning Attorney General authority to prosecute crimes concurrently with county or district attorneys. The bill would also create the crime of encouraging suicide and establish penalties for it under the Kansas Criminal Code. HB 2144 passed 32-4; having also passed the House, it is headed to the governor. I voted yes.
SB 462 would grant certain authority to the Director of Vehicles of the Division of Vehicles, Kansas Department of Revenue (KDOR), regarding the Military Even Exchange Program for commercial driver’s licenses and the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse Program. SB 462 passed 38-1; having already passed the House, it is headed to the governor. I voted yes.
SCR 1620 would approve the creation of a port authority, as provided for in continuing law, by the Unified Government of Wyandotte County and Kansas City, Kansas. SCR 1620 passed 32-6. I voted yes.
SR 1750 would approve an amendment to the gaming compact between the Iowa Tribe of Kansas and Nebraska and the State of Kansas. SR 1750 passed 29-6. I voted yes.
HB 2498 would increase transfers from the State Highway Fund to the Public Use General Aviation Airport Development Fund from $5.0 million to $15.0 million annually starting July 1, 2024. Continuing law authorizes the Secretary of Transportation to use the Aviation Fund to provide grants to public use general aviation airports for planning, constructing, reconstructing, or rehabilitating facilities. The bill would also increase the minimum amount that must be expended from the Aviation Fund for such grants from $5.0 million to $15.0 million annually. HB 2498 passed 34-5 and also passed the House; it is headed to the governor. I voted yes.
HB 2481 would make various commemorative designations related to transportation, including naming several roads and bridges in honor of deceased service members from Kansas. It would designate a portion of US-81 as The Merle Miller Memorial Highway in Republic County and would also designate as the First Responders Memorial Highway the portion of US-281 from the southern city limits of Russell north to its junction with K-18 in Russell County both in Senate District #36. HB 2481 passed 39-0 and also passed the House; it is headed to the governor. I voted yes.
HB 2527 would establish new mechanisms for the recovery of costs associated with deferred depreciation and new gas-fired generating units; add and amend law regarding electric public utilities, nuclear-powered and coal-fired electric generating facilities, and the Kansas Corporation Commission (KCC); and amend the Net Metering and Easy Connection Act to further develop regulation and expand capacity for investor-owned utilities to connect customers’ renewable energy generation systems to the electric grid. HB 2527 passed 33-2 and also passed the House; it is headed to the governor. I voted yes.
HB 2588 would create certain rights and establish limitations on the use of county public right-of-way by telecommunication, broadband, and video service providers. The bill’s provision would resemble existing non-discrimination and neutrality provisions for the use of city public right-of-way. HB 2588 passed 26-7 and also passed the House; it is headed to the governor. I voted yes.
SB 359 would authorize issuance of seven license plates on and after January 1, 2025, and require the county of registration to be displayed on license plates approved for production and issuance on and after July 1, 2024. SB 359 passed 38-1; having passed the House, it is headed to the governor. I voted yes.
HB 2787 would amend law relating to the Kansas Insurance Guaranty Association (KIGA). The bill would also make technical changes. The bill would be in effect upon publication in the Kansas Register. HB 2787 passed 39-0; having passed the House, it is headed to the governor. I voted yes.
HB 2560 would amend the State Banking Code and provisions pertaining to trust companies to address the abandonment or expiration of certain applications and allow an originating trustee to have its principal place of business outside of Kansas. HB 2560 passed 34-5; having passed the House, it is headed to the governor. I voted yes.
HB 2711 would create the Countries of Concern Divestment Act, which would require state-managed funds’ divestment from investments with countries of concern and prohibit investments and deposits with a bank or company domiciled in a country of concern and indemnify state-managed funds with respect to actions taken in compliance with the Act; amend the Kansas Public Employees Retirement System (KPERS) working after-retirement provisions and increase the lump-sum death benefit for a KPERS retiree; and amend law governing the KPERS Trust Fund and investment standards to increase a statutory limitation (“cap”) on alternative investments, from 15.0 percent to 25.0 percent, placed on the KPERS Board of Trustees. HB 2711 passed 30-8; having passed the House, it is headed to the governor. I voted yes.
HB 2532 would amend the Kansas Parimutuel Racing Act to credit tax revenue generated from wagers on historical horse races to the Kansas Horse Breeding Development Fund and the Horse Fair Racing Benefit Fund. One-third of the tax revenue generated from wagers on historical horse races would be credited to the Kansas Horse Breeding Development Fund and two-thirds would be credited to the Horse Fair Racing Benefit Fund. HB 2532 passed 34-3; having passed the House, it is headed to the governor. I voted yes.
SB 18 would create the Kansas Campus Restoration Act authorizing the State Board of Regents to adopt rules and regulations relating to deferred maintenance and demolition of facilities at postsecondary institutions. The bill would allow transfers from the State General Fund (SGF) to the Kansas Campus Restoration Fund (Fund) and require annual reports be submitted to the Legislature. SB 18 passed 32-7; having passed the House, it is headed to the governor. I voted yes.
SB 384 would create the Riley County Unincorporated Area Nuisance Abatement Act and the Crawford County Unincorporated Area Nuisance Abatement Act and would amend statutes pertaining to the Emergency Medical Services Board. SB 384 passed 33-5; having passed the House, it is headed to the governor. I voted yes.
SB 356 would amend existing law to establish a tiered-fee structure for financial examinations of insurance companies and societies based on the gross premiums received by such entities. The bill would also establish that certain examination costs be “average and reasonable.” SB 356 passed 38-1; having passed the House, it is headed to the governor. I voted yes.
H Sub for SB 73 would amend certain enrollment determination criteria in the Kansas School Equity and Enhancement Act (KSEEA) to require school district enrollment be determined using the current or preceding school year. The bill would also authorize an additional enrollment count determination for school year 2024-2025 only, to allow school districts to consider the arithmetic mean of the sum of the number of students enrolled in the preceding school year and second preceding school year. H Sub for SB 73 passed 35-4; having passed the House, it is headed to the governor. I voted yes.
HB 2614 would amend provisions of election law and the Campaign Finance Act concerning advance voting ballot envelopes, the delivery of advance voting ballot, and corrupt political advertising. The provisions of the bill would be effective on January 1, 2025. HB 2614 passed 26-13; having passed the House, it is headed to the governor. I voted yes.
HB 2618 would amend provisions of election law regarding the Transparency in Revenues Underwriting Elections Act and the crime of false representation of an election official. The bill would be in effect upon publication in the Kansas Register. HB 2618 passed 26-13; having passed the House, it is headed to the governor. I voted yes.
Sub HB 2570 would make various amendments to law related to unemployment compensation. Sub HB 2570 passed 38-1; having passed the House, it is headed to the governor. I voted yes.
HB 2547 would amend the state Uniform Controlled Substances Act and amend the law regarding the stock, maintenance, and administration of emergency medication kits in schools, including epinephrine and albuterol. The bill would amend the liability protections for any person who renders emergency care or treatment at a school, school-sponsored event, or school property as well as provide a level of immunity from liability for a pharmacist, physician, or a mid-level practitioner who distributes or prescribes emergency medications to a school or provides training on the administration of the emergency medicine for school personnel and for the school personnel who administer the medications under specific circumstances. HB 2547 passed 35-3; having passed the House, it is headed to the governor. I voted yes.
HB 2501 would require a railroad to maintain a minimum distance of 250 feet between a near-edge railroad crossing and railroad rolling stock stored on sidings if the railroad crossing does not have electronic warning signals. The bill would authorize the Kansas Department of Transportation (KDOT) to determine a greater or lesser distance at a particular location and permit or order a railroad to maintain the greater or lesser distance. HB 2501 passed 36-0; having also passed the House, it is headed to the governor. I voted yes.
SB 438 would establish the Kansas Blueprint for Literacy, create the Literacy Advisory Committee, create the position of Director of Literacy within the State Board of Regents, define the powers and duties of the Advisory Committee, and make appropriations to State Board of Regents; establish a required report from the State Department of Education regarding student statewide assessment scores and postsecondary achievement; modify the Accelerating Opportunity: Kansas career pathways assistance benefit; and make various changes to the Kansas Education Opportunity Scholarship, Kansas Hero’s Scholarship, and Kansas Nursing Service Scholarship, administered by the State Board of Regents. SB 438 passed 34-3; having passed the House, it is headed to the governor. I voted yes.
SB 410 would amend law related to income tax, property tax, and sales tax. It makes changes to the SALT Parity Act. The bill would modify the revenue neutral rate notification and hearing process for property tax notices, make changes to property tax exemptions for certain electric generation property, codify property valuation adjustments related to adverse influences affecting agricultural land, specify land classification related to agritourism, make changes related to filing statements for personal property and certain property appeal procedures, and authorize the use of teleconferencing for certain State Board of Tax Appeals proceedings. The bill would authorize elections to be held for additional sales tax authority for Marshall, Neosho, and Rawlins counties. SB 410 passed 34-2; having passed the House, it is headed to the governor. I voted yes.
Sub Bill for SB 143 would make various changes to the Elevator Safety Act. Sub Bill for SB 143 passed 36-1; having passed the House, it is headed to the governor. I voted yes.
HB 2176 would create the Arkansas City Area Public Library District Act and the Udall Area Public Library District Act. These acts would be identical except for references to the cities of Arkansas City and Udall and references to USD 470 (Arkansas City) and USD 463 (Udall). The bill would also make conforming amendments to a statute defining “local public libraries.” The bill would also create the Dwayne Peaslee Technical Training Center District Act if Douglas County voters approve. HB 2176 passed 32-5. I voted yes.
SB 333 would extend the sunset date to July 1, 2029, for the State Use Law Committee, which is organized within the Department of Administration. SB 333 passed 36-1. I voted yes.
SB 19 would establish the Kansas National Guard Education Master’s for Enhanced Readiness and Global Excellence (EMERGE) Program to provide financial assistance to Kansas National Guard members pursuing master’s degrees at a Kansas educational institution and require school districts to adopt cardiac emergency response plans based on the statewide standards developed by the Secretary of Health and Environment. SB 19 passed 26-2; having also passed the House, it is headed to the governor. I voted yes.
HB 2760 would abolish the Kansas Commission on Veterans Affairs Office, create the Kansas Office of Veterans Services, and make other changes relating to the transfer of powers, duties, and functions of KCVAO to KOVS; update and clarify certain military definitions. The bill would also update the Veterans Claims Assistance Program to include references to the federal Department of Veterans Affairs medical centers and cross accreditation requirements. HB 2760 passed 37-0. I voted yes.
HB 2098 would create a sales tax deduction for certain motor vehicle transactions, provide for manufacturer’s coupons to be excluded from sales price for sales tax purposes, and create several sales tax exemptions including custom meat processing. HB 2098 passed 34-1; having also passed the House, it is now headed to the governor. I voted yes.
SB 473 would amend the Kansas Code of Criminal Procedure to allow a notice to appear (NTA) to serve as a valid complaint and would amend law related to appearance bonds made in district courts. SB 473 concurred with amendments in conference, 23-10. I voted yes.
SB 292 would create law to authorize the appointment of a State Judge Advocate by the Adjutant General; create and amend law related to death and disability benefits provided to Kansas Air and Army National Guard members; and amend law throughout Chapter 48 of the Kansas Statutes Annotated to modernize statutory language, remove outdated statutes, and remove references to trial by court-martial. SB 292 passed 37-0; having also passed the House, it is headed to the governor. I voted yes.
SB 349 would continue in existence the following exceptions to the Kansas Open Records Act (KORA) to include fingerprinting and criminal history record checks under the Industrial Hemp Act, certain carriers of alcoholic liquors under the Kansas Liquor Control Act, and information in the Scrap Metal Theft Reduction Act database. The bill would also amend the exception found in information contained in a Secretary of Commerce report to House and Senate Commerce Committees that would be detrimental to the development of a STAR bond project or economic development incentive program. The bill would make such reports open for inspection two years after their submission to the Legislature. SB 349 passed 35-0. I voted yes.
Full texts of the bills and supplemental notes as well as the Final Action vote on these measures can be found at www.kslegislature.org.
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OFF SESSION AT HOME
Please email me at [email protected] or call 785 243-3325 at my office in Concordia with questions or concerns during the break.
Thank you for the honor of serving you!
Senator Elaine Bowers
Kansas State Capitol Building
Room 223-E
300 SW 10th St.
Topeka, KS 66612
[email protected]
785-296-7389
https://elainebowers.com/
www.kslegislature.org