Category Archives: Kansas

Government, Kansas

Legislative Update By State Senator Caryn Tyson

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February 28, 2020
Turnaround, the ½-way point of session, is an important milestone. There is a push to pass bills to keep them alive.

If a bill has not been in one of these exempt committees, Federal and State Affairs, Tax, or Ways & Means, and has not passed the originating chamber, that bill dies at turnaround. The Senate passed over 50 bills last week to the House. The bills and debates are posted at www.kslegislature.org.

Legislation 101 Senate Bill (SB) 294, the bill we are following in these updates, that brings transparency to your property tax increases, was debated on the Senate floor. The Majority leader brought the bill above the line for debate and it passed the Senate 39 Yes and 0 No. There were a couple of attempts to weaken the bill but those amendments failed. SB 294 is now in the House Tax Committee. Hopefully, the Chair of the Committee will schedule a hearing for the bill. SB 294 would require local governments, starting in 2021, to notify taxpayers if they intend to collect more money in property tax than the previous year. It would allow taxpayers an opportunity to comment before property tax increases occur.

Here’s a brief overview of some of the bills that passed the Senate and were sent to the House:

SB 272 would prohibit a property valuation from increasing during the appeals process. You shouldn’t have to worry about your valuation being raised as a result of an appeal. The bill passed unanimously.

SB 331 would allow the department of corrections employees, local correctional or detention officers, judicial branch employees, and municipal court employees to remove any identifying information from public websites, including home addresses or home ownership. The bill passed unanimously.

SB 295 would stop the value of real property being increased solely as a result of normal repairs or maintenance. It should encourage, rather than discourage, property owners to maintain their investment. The bill passed with 39 Yes, 1 No. I voted Yes.

SB 283 would allow for sports betting and online gambling. It would allow for state-owned casinos to provide software applications that run on your phone or other devices to be used for gambling. The bill would give money to Eureka Downs (only one race track – why not all if any), established computer science scholarship fund, and creates a temporary rules and regulations process, ignoring the one that is already in place. The bill passed 23 Yes to 15 No. I voted No on the final bill. There were a couple of amendments offered that I did supported but they failed to go on the bill. One was to pay down KPERS with the increased state money.

SB 358 would give authority to the highway patrol to administrator ignition interlock manufacturers and their service providers for DUI offenders. The bill passed unanimously.

SB 404 would establish a process to terminate parental rights of a person whose sexual assault of another resulted in the conception of a child. The bill passed unanimously.

SB 337 would allow students enrolled in nonpublic schools to take the ACT college entrance exam and other assessment exams at no cost. The bill passed 39 Yes to 1 No. I voted Yes.

SB 308 would require a label for raw milk being sold, stating it is raw milk – non pasteurized. It would also clarify the definition of milk to include all mammals. The bill passed 37 Yes to 3 No. I voted Yes.

It is an honor and a privilege to serve as your 12th District State Senator.
Caryn

Government, Kansas

Meet Your State Officials This Saturday, Feb. 29

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Join us THIS SATURDAY, February 29th for a
Legislative Update Coffee
Empress Event Center
9-10:30am
with
Kansas Senators
and
Kansas Representatives
Click the links on the legislators’ names above to view the committees on which they serve and their voting records.
The Legislative Update Coffee will be held at the Empress Event Center, 7 N. Main St., Fort Scott, from 9 a.m. to 10:30 a.m (parking & entrances in both front and back of building).
State legislators Senators Richard Hilderbrand and Caryn Tyson and Representatives Trevor Jacobs and Ken Collins will give an update on the current session as well as address any issues or questions presented from the audience.
If you have a particular item you would like to have addressed and plan to attend, you may email the Chamber at [email protected] by 5:00 p.m. Thursday, February 27th.
Coffee, juice & light refreshments will be served.
Tell your friends – all are welcome!
Thank you to our event sponsors :
Fort Scott Professional Building
Office space available for new
& existing businesses!
Click herefor info.
Empress Event Center
Click here for info.
Government, Kansas

U.S. 69 expansion in Crawford County to begin March 2

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The Kansas Department of Transportation (KDOT) plans to start a project that will expand a six-mile section of U.S. 69 in Crawford County to a four-lane divided expressway during the week of March 2.

 

The expansion project begins north of the U.S. 69/K-47 junction (620th Avenue) and continues north to end three miles north of the Arma city limits. Two lanes will be added to the existing U.S. 69 alignment.

 

Two-way traffic is being maintained on the existing lanes of U.S. 69 while the new lanes are under construction. Traffic will be switched to the new lanes when the existing lanes are rebuilt. Early project activity includes grading and work on box culverts off the highway.

 

KDOT awarded the $21.8 million construction contract to Koss Construction Co. of Topeka. According to the project schedule, the new expressway will be open to unrestricted traffic by mid-August 2021.

 

Persons with questions may contact Bob Gudgen at KDOT-Pittsburg, (620) 308-7621, or Priscilla Petersen at KDOT-Chanute, (620) 902-6433.

Government, Kansas

Sen. Hilderbrand’s Weekly Newsletter

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February 14, 2020 ∙ Week Five
HARD FACTS
KDOT’s FORWARD
KDOT estimates the following cost breakdown during the lifetime of the FORWARD plan from 2021 through 2030 fiscal years. Total cost: $9.9 billion
·      Preservation $5.0 billion
·      Preservation Plus $300.0 million
·      Modernization and Expansion $2.3 billion (not including delayed T-WORKS projects)
·      Economic Growth Projects $200.0 million
·      Modal Programs $200.0 million
·      Cost Share/Strategic Safety/Local Bridge Programs $300.0 million
·      Special City County and Highway Fund Distributions $1.6 billion
*KDOT’s estimates assume that the transfers to the State General Fund are phased out by FY 2023 and that the State Highway Fund issues approximately $1.2 billion in bonds.
I prefiled SCR 1601 prior to the 2019 Legislative Session. This is a Constitutional Amendment that would permanently close the “Bank of KDOT”. It was scheduled to have a hearing in the Senate Ways and Means Committee earlier this year, but the chair of that committee cancelled that hearing. The bill was recently moved to the Senate Transportation Committee, the chair of that committee has said that he plans on having a hearing and working the bill.
Find reliable and age appropriate information online with Britannica – Public Library https://kslib.info/ebpublic from the State Library of Kansas. Three levels of learning (Children, Young Adult, and Reference Center) offer continually updated entries, multimedia, primary –source material, maps, and links to expert websites. Double–click any word in the article for the definition to pop up with audio pronunciation. Also available, Britannica – Academic https://kslib.info/ebacademic, includes content that is more scholarly. Another link https://kslib.info/kids takes you to Britannica – School, a PreK-12 resource with multi-media content for all grades and reading abilities.
Every school and home in Kansas has access to Britannica, but if the webpages above ask for a Kansas Library eCard number, you may get one at any library in Kansas. Questions: [email protected] or 785-296-3296.
FLOOR ACTION – February 12, 2020
February 17
The following bills all received unanimous support and were passed Yea: 38 Nay: 0
SB 277 Clarifying the authority of healing arts school clinics to provide healing arts services.
SB 302 Granting the secretary of revenue the authority to set letters and numerals for license plates and removing the requirement that plates be shipped to the county treasurer.
SB 304 Establishing a process by which a reciprocal may convert to into a mutual insurance company.
SB 326 Increasing the age for eligibility to renew drivers’ licenses online to 65.
SB 288 Designating a portion of United States highway 77 as the Cpl. Allen E. Oatney and SP4 Gene A. Myers memorial highway.
SB 315 Providing for the love, Chloe foundation license plate.
February 20
The following bills all received unanimous support and were passed Yea: 39 Nay: 0
SB 285 Extending the existence of the UST redevelopment fund and compensation advisory board to 2032.
SB 306 This bill would exempt motor vehicle odometer reading recording requirements when such recording requirements are exempted by federal law. This would replace an exemption from acknowledgement of mileage for vehicles ten model years and older and for trucks with a gross vehicle weight of more than 16,000 pounds. SB 306 was introduced by the Kansas Department of Revenue at the request of the Director of Vehicles.
SB 270 This bill would expand the opportunity for the establishment of multi-year flex accounts (MYFAs) for groundwater water right to water right users who do not have historical water use before 2009. The Kansas Department of Agriculture and the Chief Engineer testified as proponents of the bill in committee. There were no opponents.
SB 342 This bill would allow drivers’ license renewal notices to be sent electronically should the Department of Revenue get authorization from the license holder to do so. This bill was amended in committee to allow the license holder to opt-out at any time and have any subsequent notices sent by mail.
The following bill received unanimous support and was passed Yea: 37 Nay: 0
SB 305 This bill would increase the bond required for licensure as a dealer of used or new vehicles from $30,000 to $50,000. The bill would take effect January 1, 2021. Senate Bill 305 was introduced by the Kansas Department of Revenue at the request of the Director of Vehicles.
The following bills were passed Yea: 38 Nay: 1 ( I voted in favor of these bills)
SB 287 This bill would amend the Kansas Storage Tank Act by extending the time for certain petroleum storage tank owners and operators to apply for reimbursement for the replacement of single-wall underground storage tanks from June 1, 2020 to June 30, 2030. It would also extend from June 1, 2020 to June 30, 2030 the time for owners and operators to apply for reimbursement for the replacement of underground singe-wall storage tank systems with a secondary containment system. Finally, Senate Bill 287 would increase the reimbursement limit to an amount no more than $100,000 per facility per replacement work completed on and after July 1, 2020 and before July 1, 2030 and clarifies the $50,000 limit in current law would apply to replacement work completed on or after August 8, 2005 and before July 1, 2020.
SB 286 This bill would amend the Kansas Storage Tank Act by increasing limitations on the liability from $1,000,000 to $2,000,000 for the Underground Petroleum Storage Tank Release Trust Fund and by the same amount for the Above ground Petroleum Storage Tank Release Trust Fund. Senate Bill 286 also extends the sunset on both funds from July 1, 2024 to July 1, 2034.
The following bill was passed Yea: 28 Nay: 11(I voted in favor of this bill)
SB 58 This bill would amend law related to grand jury proceedings summoned by petition to refer to such proceedings as “citizen-initiated,” and would specify such petitions are citizen-initiated throughout the section. Senate Bill 58 would state the person who filed a citizen-initiated petition, and whose name, address, and phone number appear on the petition, is immune from civil liability for any good faith conduct under the section and would clarify that such person would be the first witness called to give testimony should a citizen-initiated grand jury be impaneled. Written-only opponent testimony was provided by the League of Kansas Municipalities, stating concerns over the potential increase of false or insufficient allegations in citizen-initiated petitions.
SPORTS WAGERING
The sports wagering bill, SB 283, left the Senate Committee on Federal and State Affairs with uncertain odds and a lot of interest still on the table. The bill essentially amends the Kansas Expanded Lottery Act to allow sports wagering to be conducted through existing gaming facilities. The bill does not extend to Kansas Lottery ticket merchants and other retailers and contains several amendments since its introduction.  It could be debated on the floor this coming week.
The state would apply a tax rate of 10% on revenue from online sports wagering and 7.5% on revenue made from each of the state’s four licensed casinos. Each casino will be allowed to contract with two betting platforms. The Kansas Lottery would continue to have oversight, which is consistent with current legislation. A bill in the House extends sports wagering far beyond the Senate bill by allowing as many as 1,200 licensed retailers to participate.
 FIREWORKS SALES YEAR-ROUND IN KANSAS
On Monday, SB 362, the bill to allow year-round sale of fireworks, was worked in the Committee on Federal and State Affairs. The bill only had two changes made before it passed through committee. The first change stripped out the language regarding bottle rockets, keeping them as an illegal firework. The second amendment aims to extend the selling period for seasonal retailers from June 15th to July 6th to be similar with Missouri statute. The original language had the selling period from June 20th to July 5th. The bill still leaves power to the counties and cities to regulate fireworks and firework sales as each municipality sees fit.
Monday, February 24
Ø Final action: SB 449 — Removing cannabis products that contain up to 0.3% THC from the list of controlled substances listed in schedule I of the uniform controlled substances act. (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: SB 398 — Providing a refundable food sales tax credit and discontinuing the nonrefundable food sales tax credit. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 399 — Requiring marketplace facilitators to collect and remit sales and compensating use tax. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 364 — Expanding newborn screening services and increasing transfers from the medical assistance fee fund to the Kansas newborn screening fund. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 379 — Authorizing the secretary for children and families to request a waiver from certain limitations under the food assistance program. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 440 — Providing an additional option to fulfill work participation requirements under the cash assistance program. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 420 — Requiring registration as a sex offender for certain violations of the crime of breach of privacy. (10:30, Judiciary, 346-S)
Ø Hearing: SB 409 — Making permanent the quality care assessment imposed on skilled nursing care facilities. (10:30, Ways and Means, 548-S)
Ø Final action: SB 255 — Appropriations to the University of Kansas Medical Center; creating the Cancer Research and Public Information Trust Fund. (10:30, Ways and Means, 548-S)
Ø Discussion and action: SB 271 — Repealing the sunset provision for the high-density at-risk weighting. (1:30, Education, 144-S)
Ø Discussion and action: SB 353— Requiring the allocation of sufficient school district moneys to improve academic performance of underachieving students. (1:30, Education, 144-S)
Tuesday, February 25
Ø 10 a.m. session, on floor all day.
Wednesday, February 26
Ø 10 a.m. session, on floor all day.
Thursday, February 27
Ø Turnaround Day! All bills from non-exempt committees must be heard by their house of origin or are considered dead for the session.
Ø 10 a.m. session, on floor all day.
Friday, February 28
Ø No session! Enjoy the first break of the 2020 Legislative Session. We will see you on March 4!
Thank You for Engaging
Thank you for all 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 I am proud to be your voice in the Kansas Senate.
Richard Hilderbrand Kansas State Senator District 13

 

Government, Kansas

Legislative Update Coffee Feb. 29

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Community members are invited to a Legislative Update Coffee hosted by the Fort Scott Area Chamber of Commerce. The event will take place on Saturday, February 29, 2020 from 9:00 a.m. to 10:30 a.m. at the Empress Event Center in Downtown Fort Scott.

Kansas Sentators Caryn Tyson and Richard Hilderbrand and Representatives Trevor Jacobs and Ken Collins will give an update on the current session as well as address any issues or questions presented from the audience.

If you have a particular item you would like to have addressed and plan to attend, you may email the Chamber at [email protected] by 5:00 p.m. Thursday, February 27th.

The general public is invited and encouraged to attend this Legislative Update on Saturday, February 29th. Coffee, juice and light breakfast refreshments will be served.

The event is being sponsored by the Fort Scott Professional Building and Empress Event Center.

For more information please contact the Fort Scott Area Chamber of Commerce at (620) 223-3566 or visit fortscott.com.

Government, Kansas

Legislative Update By State Senator Caryn Tyson

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Caryn Tyson

 

February 21, 2020

You may have seen reports on the Gallup ‘Mood of the Nation’ poll conducted in January, stating that 86% of American’s are satisfied with their personal life and that confidence in the U.S. economy is at a 20 year high.  We are blessed to be in Kansas, the heartland of America.

 

Legislation 101  Senate Bill (SB) 294, the bill we are following in these updates, that brings transparency to your property tax increases, did not have any movement to date.  Hopefully, the majority leader will bring the bill above the line for a debate on the senate floor.  We are almost to the half-way point of session, known as turnaround.  Bills that have not been in an exempt committee or passed the originating chamber before turnaround will die.  SB 294 is an exempt bill because Tax is an exempt committee.  Therefore, it could be worked on the Senate floor after turnaround.  I’ll keep you posted.

 

Kansas law allows for online driver license renewal under certain conditions.  SB 326 would change the upper age limit for online renewals from 50 to 65 years of age.  The bill passed 39 Yes to 0 No.

 

SB 342 would provide Kansans an option to receive electronic notification for driver’s license renewal notices.  I offered an amendment to the bill in committee that would allow you to op-out of electronic notifications, so that future notices would be sent by mail.  The amendment passed without objection.  The bill passed the Senate 39 Yes to 0 No.

 

SB 58 would allow a citizen to file a petition requesting a district court grand jury.  A judge would review the petition.  If a judge finds the petition is in proper form a grand jury will be called within 60 days.  If the petition is denied, the person who filed it can appeal the judge’s decision not to summon a grand jury.  The bill passed the Senate on a vote of 28 Yes and 11 No.  I voted Yes.

 

It is an honor and a privilege to serve as your 12th District State Senator.

Caryn

Government, Kansas

Talk to Your Government Representatives Feb. 29 In Fort Scott

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Join us THIS SATURDAY, February 29th for a
Legislative Update Coffee
Empress Event Center
9-10:30am
with
Kansas Senators
and
Kansas Representatives
Click the links on the legislators’ names above to view the committees on which they serve and their voting records.
The Legislative Update Coffee will be held at the Empress Event Center, 7 N. Main St., Fort Scott, from 9 a.m. to 10:30 a.m (parking & entrances in both front and back of building).
State legislators Senators Richard Hilderbrand and Caryn Tyson and Representatives Trevor Jacobs and Ken Collins will give an update on the current session as well as address any issues or questions presented from the audience.
If you have a particular item you would like to have addressed and plan to attend, you may email the Chamber at [email protected] by 5:00 p.m. Thursday, February 27th.
Coffee, juice & light refreshments will be served.
Tell your friends – all are welcome!
Thank you to our event sponsors :
Fort Scott Professional Building
Office space available for new
& existing businesses!
Click herefor info.
Empress Event Center
Click here for info.
Government, Kansas

Court of Appeals Interviews Feb. 24-25

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Court of Appeals Nominating Commission to interview applicants February 24 and 25

The Court of Appeals Nominating Commission will convene February 24 and 25 to interview 19 applicants to fill the upcoming vacancy on the Kansas Court of Appeals created by the April 3, 2020 retirement of Judge G. Joseph Pierron Jr.

Interviews will be in a meeting room in the Kansas Judicial Center, 301 SW 10th Ave., Topeka. The Commission will convene at 8:30 a.m. Monday, February 24, and interviews will start at 9 a.m. Interviews will continue at 9 a.m. on Tuesday, February 25.

 

Interview Schedule

Monday, February 24, 2020

 

8:30 am Meeting Convenes
9:00 am Daniel Cahill
9:30 am Kristafer R. Ailslieger
10:00 am Lesley A. Isherwood
10:30 am Break/Exec. Session
10:50 am Angela D. Coble
11:20 am Randall L. Hodgkinson
11:50 am Diane H. Sorensen
12:20 pm Lunch break for Commission [Exec. Session]
1:30 pm Steven J. Obermeier
2:00 pm Suzanne Valdez
2:30 pm Amy Cline
3:00 pm Break/Exec. Session
3:20 pm Dennis D. Depew
3:50 pm Russell J. Keller
4:20 pm Break/Exec. Session
4:40 pm Adjourn for the day

 

Tuesday, February 25, 2020

 

8:45 am Meeting Convenes
9:00 am Sarah J. Loquist-Berry
9:30 am Marcia A. Wood
10:00 am David J. Rempel
10:30 am Break/Exec. Session
10:50 am Carl A. Folsom, III
11:20 am Natalie A. Chalmers
11:50 am Lunch break for Commission [Exec. Session]
1:10 pm Kristen D. Wheeler
1:40 pm Michael P. Joyce
2:10 pm Stephen O. Phillips
2:40 pm Break/Exec. Session
3:10 pm Reconvene for deliberations/voting
4:00 pm Adjourn for the day

 

The nominating commission will conduct its work in accordance with the Kansas Open Meetings Act and Executive Order 18-08. Additional details can be found in the Guidelines for Interviews. (attached as PDF)

Governor Laura Kelly signed Executive Order 20-01 on Tuesday, January 28 establishing the Court of Appeals Nominating Commission. Under Kansas law, the Governor appoints judges to the Court of Appeals subject to confirmation by the Senate. The Commission will review each applicant’s background and qualifications, conduct interviews and then submit three nominees for the Governor to consider.

 

Government, Kansas

Legislative Update By State Senator Caryn Tyson Feb.14

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February 14, 2020

Almost all work was in committees during week five of session.  Several bills were passed out of committees so there could be ample work on the Senate floor in the next two weeks.

 

Legislation 101  Do you remember the School House Rock video, “I’m Just A Bill”?  “I’m just a bill.  Yes, I’m only a bill and I’m sitting here on capitol hill…”  Kansas has a similar bill process that is a two-year bill cycle starting in odd years.  There have been 452 senate bills introduced this cycle. A list of the bills can be found online at http://www.kslegislature.org/li/b2019_20/measures/bills/senate/#1.

 

Once a bill is drafted and introduced, it is usually referred to a committee.  The committee may have a hearing, table, amend, and/or vote on the bill.  If it passes, it goes below the line for the body of the whole.  At this point the Majority Leader decides if and when a bill will be above the line for debate on the floor.  There are rules that allow legislators to pull a bill out of committee and above the line but it rarely occurs since it takes more than a majority and is a high threshold.  If the bill makes it to floor debate, it can again be amended.  If a majority vote yes during a final action vote, the bill is sent to the other chamber to begin the process again.  If a bill is amended in the second chamber, the originating chamber will vote to accept or reject the changes.  If rejected, the bill can be killed or a conference committee with three members from each chamber is formed to negotiate the changes and agree on a compromise.  Both chambers must pass the compromise before it will go to the governor.  The governor can sign the bill into law, veto the bill – an attempt to kill the bill, or allow it to become law without a signature.  Two thirds majority of each chamber can override a governor’s veto, in which a vetoed bill becomes law.

Maybe we can follow a bill along to see how this works.  SB 294 , that brings transparency to your property tax increases, has been voted out of committee and is now below the line in the Senate.  Do to the bill’s popularity I’ve been told it may be quickly moved above the line for debate on the Senate floor.  I will keep you informed on its progress through the system.

Kansas Public Employees Retirement System (KPERS) You may have heard the Governor is attempting to mess with KPERS again.  Last year a supermajority of legislators sent a strong message (a veto override) to leave KPERS alone.  The Governor obviously did not get the message as she is attempting to re-amortize, basically refinance, costing Kansas taxpayers $4.4 billion dollars.  As with last year, I will fight to block the Governor’s effort to weaken KPERS and put our State in more debt.

 

It is an honor and a privilege to serve as your 12th District State Senator.

Caryn

Government, Kansas

Kansas Governor moves transportation plan FORWARD

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Governor Laura Kelly and Julie Lorenz, Secretary of the Kansas Department of Transportation (KDOT), announced a new transportation program, FORWARD, at a news conference today as part of the Transportation Day activities at the State Capitol.

 

“Key features of FORWARD include a flexible, responsive rolling program where major projects are selected every two years rather than once a decade,” Kelly said. “FORWARD also calls for completion of  delayed T-WORKS projects; transit, aviation, rail, bike and pedestrian solutions that solve problems in rural and urban Kansas; and more partnerships with local communities to increase both local matches and the number of improvements we can make.”

 

FORWARD will also provide more resources to communities through new initiatives such as the Cost-Share, Local Bridge Improvement and Strategic Safety programs to help address Kansans’ pent-up demand for transportation investments, Secretary Lorenz said.

 

“Most importantly, FORWARD will provide better service through helping communities solve more transportation problems by utilizing all of KDOT’s resources,” Secretary Lorenz said.

 

Both Governor Kelly and Secretary Lorenz stressed the need to end transfers out of the State Highway Fund. Over the past several years, more than $2 billion has been transferred, causing the condition of the state’s highway system to decline. Governor Kelly’s budget, with the Legislature’s support, began to reverse that trend last year.

 

“To pass FORWARD, we must close the ‘Bank of KDOT’ – and make sure that funding for transportation is spent on transportation,” Kelly said. Governor Kelly has pledged to close the “Bank of KDOT” by the end of her first term.

 

The FORWARD program is a plan for Kansans, developed in consultation with Kansans, that works for the whole state.

 

“Kansans are ready to build a better transportation system for themselves and for future generations,” Secretary Lorenz said. “With FORWARD, KDOT will be ready to deliver.”

Government, Kansas

Senator Hilderbrand Legislative Newsletter Feb. 7

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February 7, 2020 ∙ Week Four
HARD FACTS
Revenue Report Tax Facts:
·      The 2020 fiscal year begins in July and, since that time, the state has collected $116.9 million more in tax revenue than experts predicted.
·      Also since July 1, individual income tax receipts exceeded estimates by $51.1 million and corporate income tax revenue was $24.4 million more than analysts anticipated.
·      To date, from July to January, we have collected $273 million or 6.8%, more than the same period last year.
U.S. Economy: The U.S. economy remains strong. The Washington Post reports the labor market added 225,000 jobs in January 2020.
Early Learning Resources from the State Library
Britannica School is an online resource from the State Library of Kansas for children. Most of the content is for grades 2-4 but it includes Fundamentals! for Pre-K which uses games, videos, and drawing tools to engage younger learners.
BookFlix pairs video storybooks with related nonfiction e-books. Imagine Curious George paired with a nonfiction book about monkeys! The read-along storybook highlights each word as it is read. This option can be turned off. Related games reinforce early learning reading skills. BookFlix requires Flash.
Britannica E-Stax (PreK-6) features nonfiction books that can be read online or downloaded to any Internet enabled device. Both are available at no charge through the State Library’s web site https://kslib.info/kids .
If the page above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most people will be automatically recognized as being in Kansas and will not need this step. Adobe Flash is needed to view the animation and hear the narration.  Questions: [email protected] or 785-296-3296.
FLOOR ACTION
Senate Bill 157 was carried over from last year and passed the Senate floor by an overwhelming majority (Yea: 39 Nay: 1) I sponsored and voted in favor of this bill.  It was amended on the floor to make technical updates to statutory references.
The bill amends the Kansas Family Code, which governs temporary parenting plans, to presume when ordering a temporary parenting plan, that it is in the best interest of the child for fit, willing, and able parents to have temporary joint legal custody and share equal parenting time while working on a permanent agreement.
The bill includes exceptions for equal time in cases where domestic abuse has occurred or is occurring assuming in those situations temporary equal custody may not be in the best interest of the child.
During a debate, a question was raised about the definition of the word “fit” in the context of “fit, willing, and able parents” which might unintentionally become a harmful factor. The word “fit” was not specifically defined in the bill. The concern was a judge might consider a parent with certain disabilities as ‘unfit’. Senator Wilborn clarified that was not the intent and a Revisor stated the language was conventionally used in statutes. The bill does add definitions for “equal parenting time,” “joint legal custody,” and “parenting time.”
Senate Bill 258 was considered under the Consent Calendar and overwhelmingly passed the Senate floor (Yea: 39 Nay: 1) I voted in favor of this bill.
The bill addressed administrative issues within the statehouse and removes the requirement for certain reports to be submitted to the Legislative Division of Post Audit. Because of another bill the Senate passed in 2018, that department no longer oversees the audit work associated with the four reports specified in the bill and has no meaningful use for receiving them.
I had the opportunity to present Jake Holmes of Mulberry a Senate Tribute. Jake took home the gold at the Junior World Finals in Las Vegas, and became a world champion in the 12 and under tie-down roping and breakaway.
ATTORNEY GENERAL TESTIFIES ON MEDICAID EXPANSION
Attorney General Derek Schmidt testified for just under an hour before the Senate Public Health and Welfare Committee. Most of his time was spent reviewing three types of cases currently being argued in high level courts, which may put several ACA provisions in jeopardy. Several of these provisions, if overturned, would affect the current Medicaid expansion plan.
The second type of cases the Attorney General explained were cases related to the Health Insurance Providers (HIP) fee. Currently, the State of Kansas, along with five other states, is involved in a suit in the United States District Court arguing that HIP fees, which are mandated by the ACA, are a de facto tax on state treasuries. The states contend the federal government does not have the legal authority to tax state treasuries. This case is currently awaiting a hearing in the 5th Circuit Court of Appeals.
The final type of cases the Attorney General brought to the committee’s attention were those dealing with religious freedom and its interaction with health insurance. The State of Kansas recently joined an amicus brief filed by sixteen states alleging the current religious exemption rules in the ACA ensure that proper respect is afforded to sincerely held religious objections to rules governing this area of health insurance and coverage.
REVENUE NUMBERS ARE GOOD; TAXPAYERS SHOULD BENEFIT
Kansas has collected more tax revenue than expected almost every month for more than two years now and in January the trend continued. The latest Department of Revenue report released last week shows collections were nearly $60 million more than anticipated leading Republican legislators to continue to work on their plans to help Kansans benefit with long-term tax solutions. Two bills being heard in the Assessment and Taxation Committee are SB 294 and SB 295 which demand transparency in property taxes and rising appraisal rates.
The $60 million more than analysts predicted translates into a 9% January surplus. Since the current budget year began in July, tax collections have run nearly $111 million more than budget officials expected. Even with extra revenue being collected monthly, Governor Kelly continues to reject that idea that Kansans should be able to itemize on their mortgage interest, healthcare costs, and property taxes.
Hearing on SB 294(I cosponsored this bill) was held in Assessment and Taxation on Tuesday, February 4th
Honorable Wayne Niederhauser, Former State Senate President from Utah, gave a presentation on the Utah Tax Model. The goal of their Property Tax System is to protect taxpayers against automatic or unnecessary property tax increases as well as allow local government to pay for the services they provide for constituents.
The bill wants to promote transparency by implementing Truth-In-Tax. If the local entity wants to receive more property tax revenue this year than last year, they may adopt a higher property tax rate than the Certified Rate. Before they adopt that a higher rate, the entity must notify all property owners within the jurisdiction that they plan to raise property taxes and when and where they hold a public hearing about the proposed property tax hike. In the public hearings, the City Council explains why they want to increase property taxes. Members of the public may express support or opposition to the proposed property tax hike. At the conclusion of the hearing, the local elected officials must vote on the final property tax rate.
A helpful 8 minute video to help understand Utah’s Model can be found at https://www.wasatch.edu/domain/1437
Hearing on SB 295(I cosponsored this bill) was held in Assessment and Taxation on Thursday, February 6th
The goal of SB 295 would be to prevent the county appraiser from increasing the valuation of property solely as a result of normal repair, replacement, or maintenance of existing structures, equipment, and improvements in their property. The bill indicates that normal repair, replacement, or maintenance does not include new construction. There are things such as building sheds or adding square footage that should be looked at when appraising a property, but many believe that homeowners should not be penalized for maintaining their property. The way the system is set up now ends up taxing many out of their homes causing people to leave. As Kansas has seen more people leave than migrate into the state, this bill would help keep many in their homes and in the state.
GOVERNOR’S REORGANIZATION PLAN
We’re still researching the pros and cons on how one massive agency proposed by Governor Kelly would affect some of Kansas’ most vulnerable citizens.  The governor submitted an Executive Reorganization Order, ERO 44, to create a new Health and Human Services Agency which would combine the Department of Families and Children (DCF), Kansas Department of Aging and Disabled Services (KDADS) and the Juvenile Services Division of the Department of Corrections.
The current Secretary of KDADS and DCF, Laura Howard, is set to head the new department and has been crisscrossing the Statehouse to meet with Legislators and share the Governor’s vision.
People who support the merger say the ability to offer a range of services to a single family through one office as an advantage. However, many of the programs within these agencies are already facing criticisms in the news and among the public. The Department for Children and Families, for example, has been working to ensure Kansans foster children find homes and will no longer be sleeping in workers’ offices.
The Senate Health Committee has 30 days to review the Executive Reorganization Order and decide whether or not to send it to the full Senate for further review.  The Senate will then have an additional 30 days to respond.
IS GOVERNOR KELLY GETTING READY TO INTRODUCE HER VERSION OF THE GREEN NEW DEAL?
Governor Laura Kelly submitted Executive Reorganization Order Number 46 to the Senate last week. This ERO moves the Energy Office out of the Kansas Corporation Commission and establishes it as a separate, independent entity. The Governor claims the reorganization will allow the office to preserve its existing programs but will also allow the office to begin developing policy, including developing a state energy plan and engage in “stakeholder outreach.”
The Governor said the reorganization is a first step for the state to draft a comprehensive energy plan, a strong suggestion made by London Economics (more on that below), which, we can assume, would focus strongly on renewable energy and energy efficiency.
I AM PROUD TO BE A COSPONSOR OF THE PLAN TO KEEP KPERS SOLID
Several Republican Senators along with myself sent SB 368 to the Ways and Means Committee. SB 368 will pay back money owed to the Kansas Public Employee Retirement System (KPERS) and should also serve as a message to Governor Kelly that her plan to use state employee pension funds to balance her budget is not one that we support. We must be vigilant in keeping KPERS strong for our teachers and state employees.
The bill pays off $268 million in state/school group debt to KPERS and will save the state $209 million in interest payments by doing so early. Notably, once the funds are transferred, they cannot be removed from the KPERS Trust Fund. This bill is similar to the 2019 SB 9 which passed both the House and Senate unanimously. SB 368 has 23 sponsors.
AT-RISK STUDENT FUNDING CONCERNS
School District officials from across the state came to Topeka to urge members of the Education Committee to preserve high-density at-risk school funding. The $50 million funding source is set to run out at the end of the current school year unless the Senate approves SB 271. Districts qualify for the additional high-density funding source when the at-risk population is 35% or more of all students.
I will be supporting this bill as long as it does not get amended in a negative way. If this statute is allowed to sunset, it will have a negative impact on every school district in my Senate district.
UTILITY STUDY RESULTS ARE IN
The Senate Utilities Committee heard a full report on the Kansas Electric Rate Study from London Economics International, the firm chosen by the committee to complete an in-depth analysis of the causes of Kansans’ high electric bills. The firm completed Phase One of the rate study, focusing specifically on rate-making options and possible ways to improve the competitiveness of Kansas electricity. A.J. Goulding, LEI president, and Gabriel Roumy, managing consultant of the study, spoke for just under an hour about the firm’s process to study electric rates in Kansas.
Our state’s rates have made headlines in the last several months for being considerably higher than the regional average. The LEI study found the primary reasons for these unusually high rates to include high tax rates in the state, slowing consumer demands for electricity, investment by electric providers in complying to strict government standards related to the environment and increasing transmission costs.
RAW MILK HAS VOTERS TALKING
The Senate Ag and Natural Resources Committee will hear two controversial, and competing, bills next week related to the sale of raw milk. Presently, the state allows the sale of raw milk. However, there are two caveats: all raw milk must be sold on the premises of the farm where it is produced and dairy producers may only advertise their raw milk products by posting a sign on their farm premises stating raw milk, or raw milk products, can be purchased on that premises. Current statutes prohibit farmers and other dairy producers from advertising raw milk in any other way, including verbally telling potential customers about their products in any place except their farm. Raw milk proponents contend this statute makes it nearly impossible to sell their product.
The existing statute was challenged in November 2019 when two goat farmers, who sell raw goat’s milk, contended in the Shawnee County District Court that the strict advertisement laws violated their 1st and 14th Amendment rights. In an unprecedented move, both the Kansas Attorney General, Derek Schmidt, and the Kansas Secretary of Agriculture, Mike Beam, conceded to the court, agreeing the statute was unnecessary and unenforceable.
Secretary Beam then began urging the 2020 Legislature to amend the state’s raw milk statutes, which leads us to where we are today.
SB 300 (to be heard on Wednesday): This bill strikes all language from current statutes that makes the sale of raw milk legal. In effect, this bill would require all milk sold throughout the State of Kansas to be pasteurized before it is sold to any consumer.
SB 308 (to be heard on Thursday): This bill legally allows the on-farm retail sale of raw milk products only if they conform with specified labeling standards outlined in the bill. These standards state the label of the raw milk product must include the following warning: “This product contains ungraded raw milk that is not pasteurized and, as a result, may contain organisms that cause food-borne illness, especially in infants, young children, older adults, pregnant women and people with weak immune systems.” The warning must be printed in uniform size and must be in the same size font as the largest font used on the label.
An identical warning must be printed on all advertisements used for the sale of raw milk products. However, the bill would allow raw milk producers to advertise their products in any way they desire, provided they include the required warning statement somewhere on the advertisement. This would make current statues comply with the District Court’s ruling on the advertising rights of raw milk producers.
COMING UP NEXT WEEK
Monday, February 10 (Last day for committee bill requests)
Ø Hearing: SB 267 — Clarifying that a violation of the statute requiring secured vehicle loads is a traffic infraction. (8:30, Transportation, 546-S)
Ø Hearing: SB 305 — Increasing the bond amount required for a vehicle dealer license. (8:30, Transportation, 546-S)
Ø Discussion and action: SB 252 — Expanding medical assistance eligibility and implementing a health insurance plan reinsurance program. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 321 — Amortizing the state and school KPERS unfunded actuarial liability over a 25-year period and authorizing the transfer of $268,412,000 from the state general fund to the KPERS fund during fiscal year 2020 and eliminating certain level-dollar employer contribution payments. (10:30, Ways and Means, 548-S)
Ø Hearing: ERO 45 — Transferring the functions of the state employee health benefits plan and the state worker compensation self-insurance fund from the department of health and environment to the division of the state employee health benefits plan within the department of administration. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 335 — Authorizing school districts to pay the tuition for a student’s dual enrollment in a postsecondary educational institution. (1:30, Education, 144-S)
Ø Hearing: SB 380 — Prohibiting municipalities from imposing additional requirements on video service providers for the provision of wireless services. (1:30, Utilities, 548-S)
Tuesday, February 11
Ø Hearing: SB 152 — Authorizing the secretary of health and environment to collect underground injection control program fees and redirecting water well license program fees. (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: SB 153 — Providing for department of health and environment response operations for water and soil pollutant release, discharge or escape (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: SB 326 — Increasing the age for eligibility to renew drivers’ licenses online to 65. (8:30, Transportation, 546-S)
Ø Hearing: SB 342 Allowing drivers’ license renewal notices to be sent electronically. (8:30, Transportation, 546-S)
Ø Hearing: SB 242 — Property tax abatement for agricultural improvement destroyed or substantially destroyed by a natural disaster. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 279 — Expanding the property tax exemption for property used to provide humanitarian services to include additional not-for-profit organizations. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 338 — Allow municipalities to adopt an alternate budget procedure. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 290 — Updating how the securities commissioner may be appointed and removed.(9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: SB 289 — Updating the version of risk-based capital instructions in effect. (9:30, Financial Institutions and Insurance, 546-S)
Ø Discussion and action: SB 304 — Establishing a process by which a reciprocal may convert to into a mutual insurance company. (9:30, Financial Institutions and Insurance, 546-S)
Ø Discussion and action: SB 252 — Expanding medical assistance eligibility and implementing a health insurance plan reinsurance program. (9:30, Public Health and Welfare, 118-N)
Ø Discussion and action: SB 283 — Authorizing sports wagering under the Kansas expanded lottery act.(10:30, Federal and State Affairs, 144-S)
Ø Discussion and possible action on: SB 255 — Appropriations to the University of Kansas Medical Center; creating the Cancer Research and Public Information Trust Fund. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 354 — Amending the private and out-of-state postsecondary educational institution act clarify the state board of regents’ authority and provide additional student protections and institutional accountability. (1:30, Education, 144-S)
Wednesday, February 12 (last day for individual bill introduction)
Ø Hearing: SB 300 — Prohibiting the sale of unpasteurized milk for human consumption. (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: SB 361 — Affording public employees and professional employees certain rights with respect to withholding of public employee organization and professional employee organization dues.(8:30, Commerce, 548-S)
Ø Hearing: SB 315 — Providing for the love, Chloe foundation license plate. (8:30, Transportation, 546-S)
Ø Hearing: SB 316 — Providing for the together as one foundation license plate. (8:30, Transportation, 546-S)
Ø Hearing: SB 278 — Expanding the ability for cities and school districts to operate and finance a community historical museum. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 310 — Requiring all voting systems for elections to use individual voter-verified paper ballots. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 292 — Granting the commissioner of insurance flexibility in assessing certain excess lines coverage penalties. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: SB 347 — Concerning insurance department regulations for financial examinations, including requirements for hiring consultants, examination fees and examiner compensation. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: SB 334 — Modifying certain rules of evidence in the code of civil procedure related to authentication of records and documents. (10:30, Judiciary, 346-S)
Ø Hearing: SB 344 — Removing the requirement to photograph vehicles in the scrap metal theft reduction act. (10:30, Judiciary, 346-S)
Ø Hearing: SB 348 — Increasing reimbursement rates for providers of home and community-based services under the intellectual or developmentally disabled waiver. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 339 — Allowing the state corporation commission to approve certain electric contract rates and associated cost recovery from all rate classes. (1:30, Utilities, 548-S)
Thursday, February 13
Ø Hearing: SB 308 — Allowing the on-farm retail sale of raw, unpasteurized milk so long as certain labeling and advertising requirements are met. (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: SB 275 — Eligibility requirements for restricted driving privileges and elimination of additional 90-day wait period of suspended or revoked licenses. (8:30, Transportation, 546-S)
Ø Hearing: SB 356 — Clarifying the weight restrictions for drivers’ licenses. (8:30, Transportation, 546-S)
Ø Hearing: SB 320 — Expanding the definition of “infectious disease” in certain testing statutes related to crimes in which the transmission of body fluids from one person to another may have been involved.(9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 359 — Removing the monetary cap on irrevocable prearranged funeral agreements.(9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 362 — Allow retail sales of fireworks all year; extend the seasonal sales of fireworks; repeal the ban on bottle rockets; allow cities and counties to regulate or ban fireworks sales. (10:30, Federal and State Affairs, 144-S)
Ø Hearing: SB 333 — Modifying criminal procedures relating to a defendant’s competency or incompetency to stand trial. (10:30, Judiciary, 346-S)
Ø Hearing: SB 332 — Changing requirements for court orders directing a child to remain in a present or future placement issued for children in need of care. (10:30, Judiciary, 346-S)
Ø Hearing: SB 336 — Creating the Kansas reinvest in postsecondary education act. (1:30, Education, 144-S)
Friday, February 14 (last day for committee bill introductions)
Ø Happy Valentine’s Day!
Ø 8 AM Session
Ø Hearing: SB 346 — Authorizing the insurance department to retain the proceeds of the sale of insurance department surplus real estate and any improvements thereon in the insurance department service regulation fund. (10:30, Ways and Means, 548-S)
Ø Many committees will meet on call of the chair.
Thank You for Engaging
Thank you for all 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 I am proud to be your voice in the Kansas Senate.
Richard Hilderbrand Kansas State Senator District 13 | 1116 Military Ave, Baxter Springs, KS 66713