TOPEKA
March 28, 2022
SENATE HIGHLIGHTS - WEEKLY OVERVIEW
The Kansas Senate completed a whirlwind three days of floor working near 2:00 a.m. in the overnight hours between Wednesday and Thursday. Monday will start a five-day week to complete the regular part of the 2022 legislative session. Next week’s work will primarily consist of voting on conference committee reports, which are produced by conference committees working on ironing out differences between House and Senate versions of legislation. After the conclusion of the regular session, the legislature is scheduled to take a three week break before returning for the veto session in late April and early May. This year, the primary duties of the legislature are to adopt the maps for the next decade, in addition to the constitutional requirement to pass a budget for the next fiscal year.
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.
SENATE CONFIRMATION
The Kansas Senate on Wednesday confirmed Dwight D. Keen to a second four-year term as a commissioner on the Kansas Corporation Commission. Commissioners are appointed by the Governor, are confirmed by the Kansas Senate and serve staggered four-year terms. State law provides that no more than two of the three commissioners may belong to the same political party. The KCC is an independent regulatory agency that oversees the state’s electric, natural gas, telecommunications, oil and gas, and transportation industries with the responsibility of ensuring safe, adequate, and reliable services at reasonable rates for the citizens of Kansas.
SENATE FLOOR ACTION
HCR 5030, a resolution making certain findings regarding antisemitism, and adopting a definition of the term by the International Holocaust Remembrance Alliance, or IHRA. Special Note: On the same day the Senate passed HCR 5030, the Senate welcomed Maor Elbaz-Starinsky, the Consul General of Israel. We were delighted that that the Consul General was able to watch passage of such an important resolution. HCR 5030 passed both the Kansas Senate and Kansas House without opposition.
SB 541 addresses closing of businesses/limits on gatherings - the bill would state if a city adopts an ordinance or takes any action related to a contagious or infectious disease declared state of disaster or state of local disaster emergency under KEMA which limits the size of gatherings of individuals, restricts the operation of business or controls the movement of persons, such ordinance could not exceed 30 days in duration at a time. The bill would allow any party aggrieved by such decision of the city to file a civil action, within 30 days after the issuance of the decision and conduct a hearing within 72 hours of receiving a petition in such action. It would prohibit any governmental entity or public official from requiring a person to wear a face mask as a response to a contagious or infectious disease and prohibit all educational institutions, including school boards, from issuing vaccine passports or segregating students based on vaccination status. The bill prohibits restrictions on or the closing of churches so churches will remain open. SB 541 passed the Senate 24-14.
S Sub for HB 2416 would create law regarding compensation for the use, restriction of use, loss, or destruction of property as a result of governmental actions related to the prevention of or response to contagious or infectious disease. The bill also would amend law related to property tax relief for businesses affected by governmental shutdowns or restrictions related to certain emergencies and would enact the COVID-19 Retail Storefront Property Tax Relief Act to provide for claims for refunds to be paid for tax years 2020 and 2021 for certain claimants that were operationally shut down or restricted at their retail storefront by a COVID-19-related order or action imposed by the State, a local unit of government, or a local health officer. S Sub for HB 2416 passed 26-11.
CONSTITUTIONAL AMENDMENTS
HCR 5022, which if approved by voters, would amend Article 9, Sections 2 and 5 of the Kansas Constitution to require County Sheriffs to remain elected if the county had not abolished the sheriff prior to January of this year, and would allow counties who abolished it (Riley County is the only one) to restore the elected Sheriff. HCR 5022 passed 30-2.
HCR 5014 which if approved by the voters, would amend the Kansas Constitution to allow for legislative revocation or suspension of rules and regulations issued by the executive branch with a simple majority vote. Currently, after the legislature makes laws then the administrative agencies issue rules and regulations to implement the law. HCR 5014 passed 27 -13.
Both of the above amendments having already passed the House will head to the ballot this November.
Constitutional Amendments reforming Judicial Selection (to mirror federal model)- SCR 1621 and requiring a super majority for tax increases - SCR1620 failed to receive the needed 27 votes failed in the Senate.
Kansas Senate adopted two bills which would provide tax relief to Kansans
S Sub for HB 2239 would create the Golden Years Homestead Property Tax Freeze Program, increase the individual income tax standard deduction, enact the SALT Parity Act, amend law related to carrying forward net operating losses, create tax exemptions for federal disallowances related to certain employment tax credits, create tax credits for contributions to technical and community colleges, and provide for an income tax checkoff for state historic sites. S Sub for HB 2239 passed 36-2.
S Sub for HB 2597 would establish a property tax revenue neutral rate complaint process, authorizing the county clerk to limit the amount of ad valorem taxes to be levied in certain circumstances, amends the definition of land devoted to agricultural use for property tax purposes to include incidental agritourism activity and zoos, providing for land devoted to agricultural use that is subject to the federal grassland conservation reserve program to be classified as grassland, establishing a property tax exemption for antique utility trailers and allowing for the proration of value for property tax purposes when certain personal property is acquired or sold prior to September 1 of any tax year. Sub for HB 2597 passed the Senate 32-6.
S Sub for HB 2448 is a bill to reduce dependency on government by able-bodied adults. It requires able-bodied adults without dependents to complete an employment and training program in order to receive food assistance. S Sub for HB 2448 passed the Senate 27-12.
SB 340 would make changes to the Kansas Promise Scholarship Act. The bill would address the responsibilities of the State Board of Regents and the responsibilities of postsecondary institutions, and it would authorize the designation of additional eligible programs and fields of study. SB 340 passed 39-0.
HB 2574 amends law related to awards by the Crime Victims Compensation Board. The bill would raise the award limit for funeral and related expenses from $5,000 to $7,500 and raise the award limit for crime scene cleanup from $1,000 to $2,500. It also amends the definition of “crime scene cleanup” and adds to the list of victims who may be awarded compensation for mental health counseling certain victims who are required to testify in a sexually violent predator commitment. HB 2574 passed 37-0.
HB 2510 would amend certain investment limitation requirements to increase the permissible investment options in equity interests and preferred stock for Kansas-domiciled life insurance companies. HB 2510 passed 37-2.
HB 2564 would amend the effective date specified in the Insurance Code for the risk-based capital instructions for property and casualty companies and for life insurance companies. HB 2564 passed 39-0.
SB 546 would permit operation of driverless-capable vehicles without a human driver with the automated driving system engaged under certain circumstances. SB 564 passed 24-12.
SCR 1619 urges the adoption of the 2021 Special Committee on Taxation’s conclusions and recommendations regarding the fiscal future of Kansas. SCR 1619 passed the Senate 28-11.
HB 2110 would require, for the next State Employee Health Plan (SEHP) coverage year 2023, the State Employees Health Care Commission to provide coverage for the diagnosis and prescribed treatment for pediatric acute-onset neuropsychiatric syndrome (PANS) and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS). HB 2110 passed 32-4.
HB 2363 would amend law governing compensation for services provided to indigents to require appointed counsel be paid at a rate not to exceed $100 per hour through June 30, 2023, and at a rate not to exceed $120 per hour on and after July 1, 2023. The current rate is $80. HB 2363 passed 35-3.
S Sub for HB 2458 would clarify law regarding liability for optometrists and ophthalmologists who provide information required for issuance or renewal of an applicant’s driver’s license. The bill would specify no optometrist or ophthalmologist reporting to the Division or the Medical Advisory Board in good faith any information relating to vision would be liable to any person subsequent to the issuance or the renewal of a driver’s license to the applicant. S Sub for HB 2458 passed 38-1.
SB 489 would amend statute concerning the powers of the Secretary of Health and Environment and local health officers to issue health orders in response to infectious or contagious diseases, by removing the ability of appointed officials to issue orders. SB 489 passed the Senate 24-15.
S Sub for HB 2280 authorizes the prescribing and dispensing of medications for off-label use to prevent and treat COVID-19 infections and requiring child care facilities and schools to grant religious exemptions from vaccination requirements without inquiring into the sincerity of such religious beliefs. S Sub for HB 2280 passed 21-16.
HB 2462 would amend law to remove committee membership requirements for legislators appointed to the Joint Committee on State-Tribal Relations. HB 2462 passed 39-0.
HB 2476 would authorize two distinctive license plates related to military honors and four distinctive license plates related to the Kansas Department of Wildlife and Parks (KDWP) for issuance on or after January 1, 2023. The military honors plates would be available to recipients of the Silver Star or the Bronze Star, and the KDWP plates would represent state parks, hunting, fishing, and nongame wildlife. HB 2476 passed 39-0.
HB 2481 would authorize members of the Kansas Police and Firemen’s Retirement System (KP&F) to purchase service time credited as KP&F service for eligible prior in-state, non-federal governmental employment. HB 2481 passed 39-0.
SB 496 affirms the right of parents to direct upbringing, education, care, and mental health of their children. The bill would require the boards of education of each school district to develop and adopt policies to guarantee parents’ rights, including curriculum transparency that provides parents the right to be informed about and review all materials related to their children's education, including educational and health records related to their child. SB 496 passed 24-15.
SB 484 ensures athletic teams or sports designated for women are reserved only for biological women. SB484 passed the Senate 27-12, which is a veto proof majority.
SB 351 would require the Secretary of State to develop an affidavit system to be used for persons transferring ballots; provide for the use of electronic poll books in elections; authorize the Secretary to review, approve, and adopt rules and regulations regarding the use of such electronic poll books; prohibit voting systems from having the capability of connecting to the internet or other network; create the crime of electronic poll book fraud; and amend requirements related to the testing of election equipment. SB 351 passed 29-10.
SB 438 requires audits of any federal, statewide, or state legislative race that is within 1% of the total votes cast and requiring randomized audits of elections procedures used in four counties in even-numbered years. SB 438 passed 38-1.
S Sub for HB 2056 would limit county election offices to one remote ballot box for every 30,000 registered voters in the county; require remote ballot boxes to be monitored; tie the available hours of a remote ballot box to the hours of operation of a county election office; extend the advance voting period by three days; and shorten the voter registration deadline before an election by three days. Among the provisions of the bill, it would change the deadline for the receipt by mail of advance voting ballots by county election officers to 7:00 p.m. on the date of the election. It would also require remote ballot boxes, when open, to be continuously observed by an employee of the county election office. The ballot boxes would be located inside a state or municipal building where employees are physically present or located inside any other building and continuously observed by two authorized poll agents who shall not be registered with the same political party. S Sub for HB 2056 passed 22-17.
HB 2489 would make several amendments to the Technology-enabled Fiduciary Financial Institutions Act (TEFFI Act) pertaining to an updated definition, fingerprinting requirement, existing application fee, governing documents, evaluation and examination, customer disclosure, and services and authorized activities. HB 2489 passed 37-0.
HB 2490 amends law governing the Achieving a Better Life Experience (ABLE) savings program to make the program compliant with the federal Internal Revenue Code and mandatory federal regulations. The program allows individuals with a disability and their families to save private funds without violating federal means-tested benefit requirements. HB 2490 passed 39-0.
HB 2547 would amend and enact law supplemental to the Captive Insurance Act to allow a technology-enabled fiduciary financial institution (TEFFI) insurance company to operate as an authorized captive insurance company in Kansas. HB 2547 passed 36-1.
HB 2559 would establish the Kansas Cotton Boll Weevil Act and create the Kansas Cotton Boll Weevil Program, which would be administered by a board of directors. The bill would allow the Board to authorize the development and implementation of an eradication plan with the Secretary of Agriculture, pursuant to the Plant Pest and Agriculture Commodity Certification Act. HB 2559 passed 32-6.
S Sub for HB 2567 would alter the calculation of local foundation aid within the Kansas School Equity and Enhancement Act (KSEEA) by removing federal impact aid from the formula. It would also exclude the Fort Leavenworth school district and virtual school students from the capital improvement state aid determination. S Sub for HB 2567 passed 39-0.
HB 2568 would update the Kansas Mortgage Business Act (KMBA) to allow certain mortgage business to be conducted remotely and make changes to definitions and branch licensure and other registration requirements for mortgage companies. HB 2568 passed 38-1.
HB 2595 makes certain antique vehicle titling procedures applicable to vehicles having a model year of 1960 or later instead of 1950 or later. HB 2595 passed 39-0.
HB 2605 would expand and clarify the requirements for the Veterinary Training Program for Rural Kansas at Kansas State University College of Veterinary Medicine and create an advisory committee to oversee the Program. HB 2605 passed 39-0.
HB 2703 would amend law related to unemployment compensation regarding out-of-state reimbursing employers, fund control tables, solvency and credit rate schedules, and the My Reemployment Plan program. HB 2703 passed 39-0.
HB 2299 would amend the Code of Criminal Procedure to extend, from 96 hours to 240 hours, the time period within which a search warrant must be executed after it is issued. HB 2299 passed 39-0.
HB 2712 would establish the Kansas Commission for the United States Semiquincentennial Act. The U.S. Semiquincentennial, on July 4, 2026, will commemorate the 250th anniversary of the founding of the country. HB 2712 passed 39-0.
HB 2456 would authorize the Secretary of Wildlife and Parks to issue a Kansas kids lifetime combination hunting and fishing license on or after January 1, 2023, to Kansas residents of certain ages upon payment of a fee, which could be paid on behalf of the child. For a child five years of age or younger, the license fee would be $300 and for a child six years of age or older, but not more than 12 years of age, the license fee would be $400. On and after July 1, 2027, the license fees could be increased up to an additional $100, with approval from the Kansas Wildlife and Parks Commission. HB 2456 passed 39-0.
HB 2537 would amend a statute governing hearings by the Commissioner of Insurance to add a provision allowing a person subject to any order issued by the Commissioner to request a hearing on such order. If such a request is made, the bill would require the Commissioner to conduct a hearing in accordance with KAPA provisions. HB 2537 passed 39-0.
HB 2386 would establish requirements and restrictions for the payment and reimbursement of dental services. HB 2386 passed 39-0.
Sub for HB 2466 would create the Promoting Advancement in Computing Knowledge Act (PACK Act), the Computer Science Pre-service Educator Program, and authorize the State Board of Education to provide grants to high-quality professional learning providers. The PACK Act would require, each secondary school to offer at least one computer science course, or submit to the State Board of Education a plan describing how the district intends to offer a computer science course and in which school year such course will be offered. Sub for HB 2466 passed 28-11.
HB 2228 would create and amend law related to sexual assault evidence kits and collection of evidence related to abuse or sexual assault. It would create law requiring all law enforcement agencies in Kansas to adopt a written policy requiring submission of all sexual assault kits that correspond to a law enforcement report of sexual assault to the Johnson County Sheriff’s Office Criminalistics Laboratory, Sedgwick County Regional Forensic Science Center, the Kansas Bureau of Investigation (KBI), or another accredited forensic laboratory. The bill would require the policies to be adopted and implemented by all law enforcement agencies in Kansas prior to January 31, 2023. HB 2228 passed 39-0.
HB 2607 would amend time limitations for habeas corpus motions under KSA 60-1507 and would amend the Kansas Sexually Violent Predator Act (SVPA) regarding the notice of release or anticipated release of sexually violent predators (SVPs). Under continuing law, such motions must be filed within one year of the final order of the last Kansas appellate court to exercise jurisdiction on a direct appeal or the termination of such appellate jurisdiction or the denial of a petition for writ of certiorari to the U.S. Supreme Court or issuance of such court’s final order following granting such petition. HB 2607 passed 39-0.
HB 2377 would create and amend law related to driving under the influence (DUI) and driving a commercial motor vehicle under the influence (commercial DUI). The bill also would make additional amendments regarding diversions and commercial driver’s licenses (CDLs). HB 2377 passed 38-1.
SB 155 would update statutes related to newborn screening and designate those statutes as the Newborn Screening Act. The bill would also establish the Universal Newborn Screening Program (UNSP) within the Act. SB 155 passed 39-0.
HB 2608 removes provisions authorizing criminal restitution to be enforced as a civil judgment and authorizing judicial districts to contract for collection services for criminal restitution. HB 2608 passed 34-5.
HB 2541 would shift deposit of certain fees and surcharges from Judicial Branch fee funds to the State General Fund. HB 2541 passed 34-5.
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.
Elaine Bowers, R-Concordia, is senator of the 36th District in Kansas which includes:
* Cloud, Jewell, Lincoln, Mitchell, Osborne, Ottawa, Republic, Rooks, Russell, Smith and Washington Counties
* Marshall County: Cities: Blue Rapids, Marysville, Oketo and Waterville; Townships: Blue Rapids, Blue Rapids City, Cottage Hill, Elm Creek, Herkimer, Logan, Marysville, Oketo, Walnut and Waterville
* Phillips County: Cities: Agra, Glade, Kirwin and Phillipsburg; Townships: Arcade, Bow Creek, Crystal Deer Creek, Freedom, Glenwood, Greenwood, Kirwin, Phillipsburg, Plum, Rushville, Solomon(part), Sumner, Valley and Walnut