Governor Laura Kelly Signs Omnibus Budget, Increases Funding for Disability Services, Criminal Justice System, Mental Health Services, Higher Education

~~SB 159 includes one line-item veto~~

TOPEKA – Governor Laura Kelly today signed SB 159, the state omnibus budget for FY 2021 and FY 2022, which passed with bipartisan support.

“I’m proud of this bipartisan, fiscally-responsible budget that demonstrates what lawmakers can get done when we work together,” Governor Laura Kelly said. “This budget includes increased funding for disability services, the criminal justice system, mental health services, and higher education. These critical services will help provide Kansans, businesses, and local governments with the support and tools they need to continue powering our COVID-19 recovery.”

Highlights from Governor Kelly’s budget:

• Increased the Protected Income Limit for Home and Community Based Services (HCBS) waivers and the Program of All-Inclusive Care for the Elderly (PACE) to 300% of the Federal Poverty Level (this is an addition to the 150% increase Governor Kelly championed as a state senator when she served on the Robert G. (Bob) Bethell KanCare Oversight Committee and signed into law as Governor in 2019). This increase gives individuals utilizing waiver services additional flexibility to earn income and use more of their money to pay for essential needs like rent, food, and more.
• Added $3 million for costs associated with the 988 Crisis Hotline, the FCC’s new, nationwide 3-digit phone number for Americans in crisis to connect with suicide prevention and mental health crisis counselors.
• Increased funding for 4-year and 2-year public and private colleges and technical schools totaling $53 million, including funding for need-based aid and other student scholarships, economic development, staff recruitment and retention, and other priorities.
• Increased salary and operations funding for our Judicial system by $17 million, which will help improve our criminal justice system through recruitment and retention.
• Added $3.6 million to the Board of Indigents’ Defense Services to fund the assigned counsel rate increase up to $100 per hour for FY 2022 providing a well-earned boost to our public defenders in a system that has been historically underfunded.
• Funding to advance innovative mental health treatment in our communities through the adoption of the certified community behavioral health center model to increase access to mental health and substance use treatment and improve and expand partnerships between mental health centers, law enforcement, schools, and hospitals.
• Restored $259,000 funding for the Commission on Veterans Affairs to allow staff to reinstate visiting veterans in the communities where they reside. This will help veterans in the rural parts of the state, and allows us to offer the full complement of services to these veterans as we meet them at home.

Below please find the message from the Governor regarding Senate Bill 159:

“Senate Bill 159, this session’s omnibus budget bill, makes many important investments in our state. But as with many omnibus budget bills, not every appropriation included is necessary or appropriate. Therefore, pursuant to Article 2, Section 14(b) of the Constitution of the State of Kansas, I hereby return Senate Bill 159 with my signature approving the bill, except for the item enumerated below.”

$500,000 from the State General Fund to the University of Kansas Medical Center for clinical trials on a COVID-19 treatment using MSCTC-0010 cells developed at the Midwest Stem Cell Therapy Center

Section 46(a) has been line-item vetoed in its entirety.

This section provides $500,000 to the University of Kansas Medical Center to conduct clinical trials for a COVID-19 treatment using MSCTC-0010 cells developed at the Midwest Stem Cell Therapy Center. During debate on the Senate’s original budget, contained in Substitute for Senate Bill 267, an amendment to add this funding was wisely withdrawn. The medical experts who lead the research associated with this proviso have clearly and plainly communicated to the Legislature that such a clinical trial would not be realistic or even feasible given the timeframe and funding provided. A 2018 article in the Journal of the American Medical Association found that the average cost of a clinical trial is $19 million, with the total cost of developing a new drug closer to $2 to $3 billion. Given those realities and the proven effectiveness of COVID-19 vaccines and treatments that are now widely available, we should focus our efforts on increasing the number of Kansans who are vaccinated so that we can prevent infections, severe illnesses, and deaths. We should listen to those with knowledge of how clinical trials work when they tell us that the proposal outlined in this proviso is unrealistic and unneeded, and we should focus on saving lives by expediting vaccinations for as many Kansans as possible throughout the state.

~ Remains committed to bipartisan, transparent, federally compliant distribution of federal stimulus funds ~

TOPEKA – The following is attributable to Governor Laura Kelly regarding Senate Bill 273:

“The COVID-19 pandemic has presented many challenges for Kansas businesses over the last year, and my administration has been committed to doing all we can to support their continued pandemic recovery efforts through the Strengthening People and Revitalizing Kansas (“SPARK”) Taskforce. The SPARK process brings together business, legislative, and community leaders from across the state to collaborate on data-driven, innovative investments using federal relief dollars. All recovery initiatives should go through the transparent, federally compliant, bipartisan, and efficient process we have already established through the SPARK Taskforce.

“SB 273 is well-intentioned, but it violates federal rules for the use of American Rescue Plan Act (“ARPA”) funds that prevent the state from placing conditions or requirements on local governments’ use of ARPA funds. SB 273 also fails to comply with federal rules that prohibit using ARPA funds to resolve potential legal claims against state or local governments.

“I am committed to working with the SPARK Taskforce to develop relief programs that comply with federal requirements to ensure that our economy emerges from this pandemic stronger and more agile than ever.

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto Senate Bill 273.”

Governor Laura Kelly Signs Criminal Justice Reform Bill; Additional Bipartisan Legislation

TOPEKA – Today, Governor Laura Kelly signed House Bill 2026 into law, creating a drug abuse treatment program for people on diversion.

“This bill is a significant step towards criminal justice reform in Kansas,” said Governor Laura Kelly. “Through this new drug abuse treatment program, our judicial system can redirect individuals struggling with addiction to the services they need to get healthy and successfully reenter society. I want to thank the entire legislature for passing this important legislation.”

More information about House Bill 2026 can be found here.

Additionally, Governor Kelly today signed the following bipartisan legislation into law:

House Bill 2079

Transferring duties concerning address confidentiality program (safe at home) and the registration of charitable organizations from the secretary of state to the attorney general, enacting the Kansas fights addiction act to establish a grant program for the purpose of preventing, reducing, treating and mitigating the effects of substance abuse and addiction and requiring posting of a human trafficking awareness notice approved by the attorney general in certain businesses and public places.

House Bill 2158

Establishing the joint committee on child welfare system oversight, providing certain exceptions to the confidentiality of state child death review board documents, requiring visual observation of an alleged victim of child abuse or neglect as part of an investigation, exempting the caregiver of a child in state out-of-home placement from the child care assistance 20-hour-per-week work requirement, permitting the secretary for children and families to license certain family foster homes where a former foster care youth with certain juvenile adjudications resides making permanent provisions for the advisory committee on trauma and the statewide trauma system regional council to conduct closed meetings and keep privileged records regarding trauma cases.

HB-2158 contains Adrian’s Law (requiring visual observation of an alleged victim of child abuse or neglect as part of an investigation). The bill is name after Adrian Jones of Kansas City, Kansas, a 7-year-old boy who was murdered by his father and stepmother after years of reported abuse went uninvestigated.

House Bill 2224

Expanding the definition of “infectious disease” in certain statutes related to crimes in which bodily fluids may have been transmitted from one person to another.

House Bill 2397

Senate Substitute for Substitute for HB 2397 by Committee on Ways and Means – Reconciling conflicting amendments to certain statutes.

Governor Laura Kelly Vetoes Junk Insurance Bill; Calls for Medicaid Expansion

~Protects Kansas families and Kansans with a preexisting condition~

TOPEKA – The following statement is attributable to Governor Laura Kelly on Senate Bill 29:

“We already know the solution to provide health care for 165,000 Kansans, bring thousands of jobs to our state, save small businesses money, protect rural hospitals, and inject millions into our economy is to expand Medicaid.

“Junk insurance – which doesn’t cover pre-existing conditions or provide consumer protections – is just that, “junk.” Signing this bill would cause more Kansas families to go bankrupt over medical bills. If the Legislature wants to get serious about improving access to health care, they should join 38 other states and the District of Columbia and pass Medicaid expansion.

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto Senate Bill 29.”

Governor Laura Kelly Signs Several Pieces of Bipartisan Legislation into Law

TOPEKA – Today, Governor Laura Kelly signed 3 pieces of bipartisan legislation into law.

“By expanding certain alcohol licenses and telemedicine opportunities, these bills will support our hospitality industry and continued economic recovery, along with the health and well-being of all Kansans,” said Governor Laura Kelly. “I’d like to thank my colleagues in the legislature, on both sides of the aisle, for their efforts to pass these bipartisan bills.”

House Bill 2137

Making amendments regarding licensure to sell alcoholic liquor and cereal malt beverages, authorizing transfers of bulk alcoholic liquor by certain licensees and authorizing the sale of alcoholic liquor and cereal malt beverages on specified days and times and subject to certain conditions by licensees under the Kansas liquor control act and the club and drinking establishment act.

Senate Bill 78

Updating the national insurance commissioners credit for insurance reinsurance model law, codifying the national insurance commissioners credit for reinsurance model regulation and updating certain terms and definitions relating to the insurance holding company act, service contracts and surplus lines insurance. Eliminating certain requirements relating to the annual submittal of certain documents by out-of-state risk retention groups, extending the time frame to submit certain documents by professional employer organizations, abolishing the utilization review advisory committee and replacing it with URAC.

Senate Bill 238

Requiring emergency medical services operators be overseen by medical directors or physicians; clarifying duties and functions of the state board of pharmacy; providing for confidentiality of investigations, inspections and audits; establishing fees on out-of-state facilities; defining telepharmacy and requiring the adoption of rules and regulations related thereto.

U.S. 54 overpass replacement (red) and state detour route (blue)

Tuesday, June 1, the Kansas Department of Transportation (KDOT) plans to begin work on a project to replace the U.S. 54 bridge over the Union Pacific Railroad at Moran. The overpass is

one-quarter mile east of the U.S. 54/U.S. 59 junction.

The highway will be closed at the work zone. U.S. 54 traffic will be placed on a state route detour along U.S. 59, K-31, and K-3. KDOT awarded the $3.7 million construction contract to A.M. Cohron & Son Incorporated, Atlantic, Iowa. Weather permitting, the project should be completed by early 2022. Persons with questions may contact Iola Area Engineer Troy Howard, (620) 901-6557, or Public Affairs Manager Priscilla Petersen, (620) 902-6433.

Governor Laura Kelly Signs Several Pieces of Bipartisan Legislation into Law

TOPEKA – Today, Governor Laura Kelly signed 7 pieces of bipartisan legislation into law.

“Today, I signed seven bipartisan bills that will enhance consumer protections and protect Kansas families from mistreatment and extortion,” Governor Laura Kelly said. “This is the kind of success that can be achieved when we work together – not as Republicans or Democrats – but as Kansans. I want to thank my colleagues in the legislature, on both sides of the aisle, for their efforts.”

House Bill 2077

Extending the Kansas closed case task force, providing for staff assistance and renaming the task force the Alvin Sykes cold case DNA task force, extending the Kansas criminal justice reform commission, limiting the commission’s scope of study and adding a public defender, and authorizing the crime victims compensation board to waive application time restrictions for certain victims to receive compensation for mental health counseling and adding certain children to the definition of victim.

House Bill 2121

Increasing the criminal penalty for mistreatment of a dependent adult or elder person when the victim is a resident of an adult care home, adding definitions related to defendants who abscond from supervision in the criminal procedure code and for parole and clarifying that bond agents seeking discharge as a surety are required to return the person released on bond to the court in the county where the complaint subject to the bond was filed, requiring the department of corrections to develop guidance to be used by parole officers when responding to violations of parole and postrelease supervision and that incentivize compliant behavior, and authorizing court services officers and community corrections officers to provide a certification of identification to offenders for use to obtain a new driver’s license.

House Bill 2187

Enacting the first-time home buyer savings account act.

Senate Bill 39

Senate Bill 39 changes Kansas department of agriculture division of animal health license, permit and registration renewal deadlines and allows the animal health commissioner to recover the actual cost of official calfhood vaccination tags.

Senate Bill 47

Enacting the Kansas taxpayer protection act requiring the signature and tax identification number of paid tax return preparers on income tax returns and authorizing actions to enjoin paid tax return preparers from engaging in certain conduct, exempting compensation attributable as a result of identity fraud, extending the dates when corporate returns are required to be filed, providing conformity with the federal return due date for returns other than corporate returns, providing a temporary withholding option for certain teleworking employees, establishing the Eisenhower foundation contribution credit and the friends of cedar crest association contribution credit, extending the time period and expanding eligibility for the single city port authority credit, extending the time period for eligibility in the loan repayment program and income tax credit related to rural opportunity zones and defining rural opportunity zone on the basis of population.

Senate Bill 60

Creating the crime of sexual extortion and requiring an offender to register under the Kansas offender registration act, prohibiting a court from requiring psychiatric or psychological examinations of an alleged victim of any crime, increasing criminal penalties for fleeing or attempting to elude a police officer when operating a stolen vehicle, committing certain driving violations or causing a collision involving another driver, defining proximate result for purposes of determining when a crime is committed partly within this state, removing the spousal exception from the crime of sexual battery and making fleeing or attempting to elude a police officer evidence of intent to commit theft of a vehicle.

Senate Bill 170

Enacting the psychology interjurisdictional compact to provide for interjurisdictional authorization to practice telepsychology and temporary in-person, face-to-face psychology and enacting the physical therapy licensure compact and authorizing criminal history record checks in the physical therapy practice act.