Kansas Senate Republican Caucus ∙ May 19, 2017 ∙ Week Fifteen

HARD FACTS:

• Preliminary estimates reported show the April, seasonally-adjusted unemployment rate was 3.7 percent. This was down from 3.8 percent in March and down from 4.1 percent in April 2016. (Kansas Department of Labor and Bureau of Labor Statistics)
• This week, applications for weekly unemployment aid fell 4,000 to 232,000 – the lowest level in nearly three months. (U.S. Department of Labor)

WEEKLY OVERVIEW:

School Finance

Senate President Wagle appointed a Senate Select Committee on Education Finance early in this legislative session. The committee, chaired by Majority Leader Denning, has been working hand-in-hand with the House’s K-12 Education Budget Committee and the legislature’s outside legal counsel to produce a new school finance formula. The committees have made great strides forward this week, and we look forward to continuing that momentum into next week. The Senate Select Committee on Education Finance heard testimony from a variety of stakeholders this week and expects to pass a bill out of committee early next week, and we anticipate a vote on a school finance formula bill next week.

Debating firearms in state hospitals

Early this week, we began discussion on the Senate floor about whether guns should be allowed in state hospitals and mental hospitals. Kansans on both sides of this issue feel very passionately about this topic.

Senators engaged in a healthy conversation before ultimately voting to send the bill in question back to committee for further review. Kansans representing hospitals and the Second Amendment are actively communicating with the legislature and are working to strike a compromise to ensure Kansans feel safe and protected in hospitals and mental hospitals without infringing on your Second Amendment rights.

FLOOR ACTION:

PORT AUTHORITIES (Senate Substitute for House Bill 2132): Senate Sub. for HB 2132 allows port authorities to sell real or personal property in a negotiated sale at less than its appraised value. In order to make such a sale, the port authority would be required to declare the sale would be in the public interest due to the return of new jobs, capital investment, or increased tax revenue. Current law prohibits port authorities from selling property below its appraised value.

This bill passed the Senate Tuesday May 16, by a vote of 37-3

RULES AND REGULATIONS (House Bill 2280): HB 2280 requires that prior to July 1, 2018, each state agency review its rules and regulations to determine the impact those rules and regulations have on business and economic development, including those that negatively impact or create any barrier to success for business and economic development. Prior to October 1, 2018, after review and determination of rules and regulations, each state agency must prepare and submit a report to the Joint Committee on Administrative Rules and Regulations (JCARR) identifying those rules and regulations having a negative impact on businesses and economic development, whether the public purpose served outweighs any negative impact, and alternatives to the identified rules and regulations. The bill would require JCARR to submit a report to the Speaker of the House and President of the Senate summarizing the JCARR findings prior to January 14, 2019.

In addition, the bill alters the Rules and Regulations Filing Act by adding a new requirement to the continuing mandate that each state agency submit an economic impact statement when drafting a proposed rule and regulation or amending any rule and regulation. The bill would require the economic impact statement to include a description of businesses that would be directly affected by the proposed rules and regulations, the benefits of the proposed rules and regulations, and measures taken to minimize the impact of the proposed rules and regulations on businesses and economic development.

This bill passed the Senate Tuesday May 16, by a vote of 32-8

COMMON CONSUMPTION AREA (House Bill 2277): HB 2277 allows a city or county to establish one or more common consumption areas by ordinance or resolution, designate the boundaries of any common consumption area, and prescribe the times during which alcoholic liquor may be consumed.

This bill passed the Senate Tuesday May 16, by a vote of 35-5

CONFERENCE COMMITTEE REPORTS:

KANSAS SEXUALLY VIOLENT PREDATOR ACT (HB 2128): HB 2128 revises law regarding procedures for annual review, transitional release, and conditional release for persons civilly committed under the Kansas Sexually Violent Predator Act.

The Senate adopted the Conference Committee Report Wednesday May 17, by a vote of 39-0

KANSAS CODE OF CIVIL PROCEDURE (House Substitute for SB 120): House Sub. for SB 120 adjusts the Kansas Code of Civil Procedure. The bill provides the code shall be employed by the court and the parties to secure the just, speedy and inexpensive determination of every action and proceeding. Current law requires the Code to be liberally construed and administered for the same purpose.

The bill also amends the law granting an additional three days for action after being served via certain kinds of service. The bill clarifies it applies to a party “after being served,” rather than simply “after service.” Additionally, the bill removes service by fax and electronic service from the list of kinds of service that allow additional time to act.

In the statute listing matters on which the court must take appropriate action at a case management conference, the bill adds issues related to preservation of electronically stored information. Additionally, in determining issues related to claims of privilege or protection as trial-preparation material, the bill requires consideration of agreements made under state law controlling the effect of disclosure of information covered by the attorney-client privilege or work-product protection.

The Senate Concurred with amendments in conference Wednesday May 17, 39-0

SECURITIES COMMISSIONER OF KANSAS (Senate Bill 23): SB 23 establishes the Office of the Securities Commissioner of Kansas as a division under the jurisdiction of the Commissioner of Insurance and amend law by consolidating certain prosecutorial functions of the Attorney General.

The Senate adopted the Conference Committee Report Thursday, May 18, by a vote of 30-8

LOTTERY TICKET VENDING MACHINES (House Bill 2313): HB 2313 would allow the Kansas Lottery to use vending machines to sell lottery tickets. Lottery ticket vending machines would dispense a printed physical ticket, such as a lottery ticket, a keno ticket, a pull tab ticket, an instant bingo ticket or a coupon. Machines will allow purchasers to manually check the winning status of a Kansas Lottery ticket and display advertising, promotions and other information pertaining to the Kansas Lottery.

Furthermore, the bill would authorize moneys in the Lottery Operating Fund be used for transfers to the Community Crisis Stabilization Centers Fund and Clubhouse Model Program Fund of the Kansas Department for Aging and Disability Services. The Community Crisis Stabilization Centers Fund would receive 75 percent of the money deposited into the Lottery Operating Fund, while 25 percent would go to the Clubhouse Model Program Fund. These transfers could not exceed $4 million aggregate for FY 2018 or $8 million in the aggregate for FY 2019, 2020, 2021, and 2022.

The bill would also repeal the sunset provision for the Kansas Lottery. Under current law, the Kansas Lottery will be abolished on July 1, 2022.

The Senate adopted the Conference Committee Report Thursday May 18, by a vote of 21-16

BILL SIGNINGS:

SB 14 – Provides for limited line insurance coverage of self-storage units.

SB 16 – Enacts new insurance holding company regulatory law and corporate governance annual disclosure law.

HB 2085 – Amends the law regarding ignition interlock devices and expungements.

HB 2153 – Establishes law within the General Corporation Code related to public benefit corporations.

HB 2301 – Amends the law related to public records and public meetings.

The Governor has now signed 73 bills into law this session and vetoed two. By law, the Kansas governor has 10 calendar days to sign the bill into law, veto the bill or allow the bill to become law without his or her signature.

NEXT WEEK:

Next week is the fourth week of Veto Session. We will continue working on our three big ticket items: taxes, budget and school finance. I hope you’ll reach out with any comments, questions, or concerns regarding these issues or others. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka as we work to wrap this legislative session up.

The America’s Farmers Grow Communities program has been providing funding to organizations in rural communities for a number of years in honor of participating farmers from select counties around the United States.

This year, Bob and Jan Larkin of Bourbon County participated in the program and were announced winners, selecting Care to Share to be their non-profit organization of choice to receive the $2,500 donation.

The Larkins, leaders of the community, Care to Share representatives and cancer survivors were on hand Monday, May 8, to present the check.

Eligible counties for the program include those with at least 30,000 acres of specified crops, and awarded farmers had to be actively engaged in farming at least 250 acres of those crops. The selected charities had to be recognized as non-profit organizations.

Those interested in applying for the 2018 program can visit their website here.

Weekly Overview:

Senators spent a lot of time and energy this week on conference committees, wrapping up some final pieces of legislation to send to the Governor’s desk.

On Wednesday, the Senate voted on an income tax increase bill that ultimately failed to garner 21 votes for passage. I voted against this massive tax bill that would have taken over 1 billion dollars out of your incomes and out of our economy. The senate has now gone back to the drawing board and are looking for ways to craft a compromise tax bill that can pass both chambers to help balance the budget. I will keep you posted on the progress as this continues to move forward.

School Finance

As you know, President Wagle appointed a Senate Select Committee on Education Finance early in this legislative session. The committee, chaired by Majority Leader Denning, has been working hand-in-hand with the House’s K-12 Education Budget Committee and the legislature’s outside legal counsel to produce a new school finance formula. The committees have made great strides forward this week, and we look forward to continuing that momentum into next week.

Human Trafficking

On Thursday, both the House and the Senate unanimously passed House Substitute for Senate Bill 40, a bill strengthening anti-human-trafficking laws in Kansas. Kansas Attorney General Derek Schmidt’s office teamed up with legislators to write this bill after identifying ways to best help combat human trafficking. This bill strengthens pre-existing laws and creates new laws, such as a mandatory human trafficking awareness course for truck drivers, so that they may easily identify and report signs of possible human trafficking. Further, this bill will “prohibit using communication devices to facilitate human trafficking or knowingly selling travel services connected with human trafficking. It would also create the crime of internet trading child pornography and increase penalties for sexual exploitation of a child,” as explained in a Topeka Capital-Journal news report. The bill is now waiting for Governor Brownback’s signature.

Thank you for all of your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka. Please know that I am fully committed to addressing the current issues in our state, and am proud to be your voice in the Kansas Senate. You can follow me on Facebook “Hilderbrand for Kansas” and on twitter #Hilderbrand4ks.

FLOOR ACTION:

CONFERENCE COMMITTEE REPORTS:

JUDICIAL SURCHARGE; COLLECTION OF COURT DEBTS (HB 2041): HB 2041 extends the sunset provision for judicial surcharges on several docket fees until June 30, 2019. Current law allows the judicial branch to impose an additional charge per docket fee to fund the costs of non-judicial personnel until June 30, 2017. The bill also would require the cost of collection of debts owed to courts or restitution be paid by the responsible party as an additional court cost in all cases where the party fails to pay any debts owed to courts or restitution and the court contracts with an agent to collect the debt or restitution. Currently under law, the cost of collection is paid by the defendant as an additional court cost only in criminal, traffic and juvenile offender cases. The Senate adopted the Conference Committee Report Tuesday May 9, by a vote of 23-15

EMPLOYMENT SECURITY LAW (HB 2054): HB 2054 modifies provisions in the Employment Security Law regarding access to information, law related to the Kansas Sentencing Commission, law related to law enforcement and law regarding fee funds. The Senate adopted the Conference Committee Report Tuesday May 9, by a vote of 36-2

HUMAN TRAFFICKING AND NEW CRIMES (House Sub SB 40): H Sub SB 40 amends the law concerning human trafficking, including the creation of new crimes and amendments to existing crimes and other related provisions. The Senate adopted the Conference Committee Report Thursday May 11, by a vote of 40-0

AG, SCRAP METAL, AND OFFICE OF THE INSPECTOR GENERAL (SB 149): SB 149 creates and alters law related to the Attorney General, the Scrap Metal Theft Reduction Act and the Office of the Inspector General within the Kansas Department of Health and Environment. The Senate adopted the Conference Committee Report Thursday May 11, by a vote of 40-0

BILL SIGNINGS:

1. Sub. for SB 101 – Adds sexual assault to the list of crimes which allow the issuance of Protective Order, amends the notification of sexual assault examination law and allows for victims of crime to receive compensation for mental health counseling.

SB 205 – Establishes rules for calculating service credit for KPERS employees and provides an increase in death benefits to be paid to the surviving spouses of firefighters who die in the line of duty.

HB 2096 – Amends restrictions on operation of transit buses in Wyandotte County and designates a portion of US-75 as the Eldon K. Miller Memorial Highway.

HB 2098 – Names the Mined Land Wildlife Area bison herd the “Bob Grant Bison Herd.”

HB 2353 – Clarifies definitions related to the State Use Law program.

HB 2356 – Revises various definitions related to the state’s bidding process.

The Governor has now signed 68 bills into law this session and vetoed two. By law, the Kansas governor has 10 calendar days to sign the bill into law, veto the bill or allow the bill to become law without his or her signature.

NEXT WEEK:

Next week is the third week of Veto Session. We will continue working on our three big-ticket items: taxes, budget and school finance. I hope you’ll reach out with any comments, questions or concerns regarding these issues or others. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka as we work to wrap this legislative session up.

Submitted by Christopher Petty

Southeast Kansas is an area of abundant water. Springtime rains have area ponds full to the brim. Many area landowners have recreational or livestock watering ponds on their property. Over time, the buildup of sediment and nutrients can cause weed and algae issues. Pondweeds can become unsightly, clog pipes and deplete oxygen necessary for a healthy fish population.

If you have concerns about the health of your pond, join the Southwind Extension District of K-State Research and Extension on Thursday, June 8, at 6 p.m. in the 4-H Building of the Bourbon County Fairgrounds in Fort Scott, Kans.

This program, featuring K-State Research and Extension Wildlife Specialist Charlie Lee, will focus on pond weed identification and control measures. The program is sponsored by Miller Feed and Farm, and a meal will be served. To pre-register for a meal, or for more information, contact the Extension Office in Fort Scott, Kans., at 620-223-3720 or e-mail Christopher Petty, District Extension Agent for Livestock Production and Forage Management at [email protected]. A $10 fee, payable at the door, will help cover meals and materials.