Category Archives: Kansas

Horton Hospital Closes: Governor Sends Help

Governor comments on Horton Community Hospital closure, sends agency assistance

Following the closure Tuesday of Horton Community Hospital, Governor Laura Kelly extended assistance from her administration and highlighted the critical importance of community hospitals in rural Kansas.

“I’m concerned for the community of Horton as they face the serious loss of their local hospital,” Kelly said. “This is becoming a far too frequent occurrence in our state. Local hospitals are key to the health of Kansas families and are often one of the largest employers in a small town. Elected leaders must work together to do more to support our local hospitals.”

Three rural hospitals have closed in the last three months. Mercy Hospital in Fort Scott closed on December 31st. Oswego Community Hospital closed in February. And Horton Community Hospital closed its doors Tuesday.

“I’ve directed our agencies to coordinate support for hospital staff during this challenging time,” Kelly said. “A closure of a hospital has ripple effects through the community and region. Our KANSASWORKS team will be in Horton Thursday to assist hospital staff with filing for unemployment benefits, as well as job applications and re-employment services.”

The Governor’s Office, Kansas Department of Commerce and Kansas Department of Labor are working to provide support to employees of the hospital, ensure unemployment benefits applications are streamlined, and re-employment opportunities are available.

In response to Tuesday’s closure, KANSASWORKS will be hosting Rapid Response Informational Meetings Thursday in Horton in conjunction with the Community Outreach Event at the Horton Public Library.

Efforts to assist affected hospital employees will include Rapid Response Informational Meetings at 1 p.m., 2 p.m. and 3 p.m. Thursday at the Horton Public Library, 809 1st Ave E. No registration is required. Information will be shared about KANSASWORKS, Workforce Center employment and training services and how to file unemployment insurance benefits.

Also, the KANSASWORKS Mobile Workforce Center will be at the Horton Public Library from 1 p.m. to 4 p.m. Thursday to provide additional re-employment services. Workforce Center staff will be available to help with registering on KANSASWORKS.com, creating a resumé, job search assistance and filling out job applications.

The Rapid Response team was also sent to Oswego following the closure of its hospital last month.

Any questions about KANSASWORKS should be directed to the Department of Commerce:

Senator Caryn Tyson’s Weekly Communication March 12

The halfway point in the 2019 legislative session is officially passed so all of the work in the eighth week of session was in committees. 

Kansas Toll Roads, 236 miles of highway, are managed by the Kansas Turnpike Authority (KTA).  In 2015 there was a push to get rid of the tolls.  It was not successful but a law was passed requiring the Kansas Department of Transportation (KDOT) and KTA to “achieve the maximum coordination in planning, development and operation of the highway systems in this state”.  I supported that legislation and it has helped create efficiencies according to the Interim Secretary of KDOT.  The KS turnpike was built from 1954 to 1956 and has been collecting tolls ever since.  The initial $160 million bond was paid off in 1994.  Since then KTA has issued over $200 million in bonds and over $140 million in interest.  Estimates are it will not be paid off until 2040. 

A bill brought to the Senate Transportation Committee would allow some roads in Kansas to be funded by tolls.  The Interim Secretary of KDOT stressed that local input would be a factor as to where toll roads would be implemented.  The KTA collects over $100 million a year in tolls to support the turnpike.  Are toll roads the answer to supporting Kansas highway infrastructure?  I understand the need for safe infrastructure and it being one of the main functions of government.  My record demonstrates this by voting NO on bills that took money from KDOT projects.  The Dwight D. Eisenhower National System of Interstate and Defense Highways, i.e. the Interstate Highway, did not allow tolls except in some cases.  Tolls are allowed on the KS turnpike because it was established before and grandfathered into the Interstate.    

Kansas Taxes, Exemptions, and Credits were discussed in the Senate Tax Committee.  Kansas taxpayers paid over $15.2 billion to support state and local governments in 2018.  The largest portion of this was property tax at $4.9 billion.  Less than 2% of property taxes in Kansas fund state government.  The rest, over $4.8 billion, funds local governments and schools.  Sales and use tax  was more than $4.4 billion and income tax was over $3.8 billion.  The rest came from other taxes such as vehicle registration, liquor, beer, cigarette, tobacco, transient guest, and other taxes.  The $15.2 billion is an increase from $13.3 billion in 2015.  Almost a $2 billion increase in three years!  This is not sustainable. 

Kansas Public Employees Retirement System (KPERS) SB 9, requiring a missed state payment into KPERS be paid, was signed into law by the Governor.  Research reported the delay of payment cost around $24,000 a day, for a total payment plus interest of $115 million.  The Governor let the bill sit on her desk 9 days before signing it on the 10th day.  Can you imagine letting a bill sit on your desk knowing it was costing almost $24,000 a day?  The practice of delayed payments started in previous administrations.  I do not support this practice under ANY administration. 

 

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

Senator Hilderbrand’s Weekly Newsletter March 8

March 8, 2019∙ Week Eight
HARD FACTS
·      Kansas received $377.7 million in General Fund Receipts for February, $34.3 million over the estimate. General fund receipts for the fiscal year are down $5 million (Kansas Department of Revenue).
·      The U.S. economy added 20,000 jobs in February, far below analysts’ prediction of 180,000 jobs (The Hill).
Kansas Talking Books Week is March 4-8
The Kansas Talking Books program, a division of the State Library of Kansas, provides library materials in a specialized format to any Kansas resident with a visual or physical impairment that makes reading difficult. This no-charge service includes fiction and nonfiction in braille or audio format, magazines in braille or audio, plus descriptive videos. A simple application is available at https://kslib.info/talking-books. A signature from a certifying authority such as a medical doctor, optometrist, or librarian is needed. If you or someone you know would like information, please visit the Kansas Talking Books website https://kslib.info/talking-books or call 620-341-6280 or 1-800-362-0699.
GOVERNOR KELLY CABINET APPOINTMENTS
On day 37 of a 90-day session, Governor Kelly finally submitted four of her acting Cabinet secretaries for Senate confirmation. The Senate read in the Cabinet secretaries on Wednesday to send to committees for screening and consideration. Once committees have held hearings on the appointment, they will then be forwarded to the full Senate for a vote.
Current Appointments submitted include:
Commerce Secretary – David Toland
Transportation Secretary – Julie Lorenz
Secretary of Health and Environment – Lee Norman
Secretary of Revenue – Mark Burghart
SENATE BILL 22 PASSES THE HOUSE
On Friday, the Kansas House of Representatives passed Senate Bill 22 with a vote of 76-43. Senate Bill 22 originally passed the Senate and was created in response to federal tax reform. The legislation was created to return the unexpected windfall from the Trump tax cuts back to taxpayers while allowing Kansans to deduct interest on their mortgage, property taxes, and health care expenses through decoupling with federal law. The bill also provides Kansas businesses with the full benefits of federal tax breaks on foreign income, allowing Kansas to remain competitive with neighboring states who have already done this.
The House added two amendments to Senate Bill 22. They included a 1 percentage point reduction in the state’s 6.5 percent sales tax on food. The House also included an internet sales tax amendment that would require out-of-state online retailers to pay sales tax which they have not been required to do in the past.
The Senate will have the opportunity to concur with the House’s adjustments or engage in compromises during conference committees.
GOVERNOR KELLY SIGNS SENATE BILL 9 INTO LAW
On Friday morning, Governor Laura Kelly signed Senate Bill 9 into law. Senate Bill 9 allocates $115 million from the state general fund to the school group of the Kansas Public Retirement System (KPERS). The $115 million pays back a previously missed KPERS payment, bringing the funding ratio to the highest point it has been in 25 years. The school group of KPERS has had the lowest funding ratio, at 61.6 percent, well below the total KPERS funding ratio which is 68.4 percent. I was proud to have been a co-sponsor for this bill.
Senate Bill 9 passed both the Senate and House unanimously.
HEALTH EFFECTS OF E-CIGARETTE USE
The Kansas Health Institute recently published an issue brief on the dangers of e-cigarette use. The Rising Use of E-Cigarettes in the U.S. and Kansas Sparks Concern: Federal, State, and Local Regulatory Actions, highlights the increased use of e-cigarettes among teenagers and adults as well as regulatory actions at the federal, state, and local levels.
Electronic cigarettes, commonly known as e-cigarettes, are battery-powered devices that provide nicotine and other additives to the user in the form of aerosol. This usage is referred as “vaping,” and entered the market in 2007.
A 2018 report by the National Academies of Science, Engineering, and Medicine (NASEM) concluded there is substantial evidence that e-cigarettes usage increases the risk of using conventional cigarettes among youth and young adults. Evidence has shown that most e-cigarette products contain and emit numerous potentially toxic substances and short-term exposure can cause health issues.
 NEXT WEEK
Monday –
·      Hearing on: HB 2006, requiring the department of commerce to create a database of economic development incentive program information – [Senate Commerce Committee; March 11 at 8:30 am]
Tuesday –
·      Hearing on: SB 189, providing for an increase in registration fees for electric and hybrid vehicles – [Senate Transportation Committee; March 12 at 8:30 am]
·      Hearing on: SB 174, exempting all social security benefits from Kansas income tax – [Senate Assessment and Taxation Committee; March 12 at 9:30 am]
·      Confirmation hearing on: Dr. Lee Norman, Secretary, Kansas Department of Health & Environment – [Senate Public Health and Welfare Committee; March 12 at 9:30 am]
Wednesday –
·      Hearing on: HB 2167, establishing a system for the transfer of certain deer hunting permits to nonresidents – [Senate Agriculture and Natural Resources Committee; March 13 at 8:30 am]
·      Hearing on: SB 218, requiring a duly ordained minister of religion to report certain abuse and neglect of children – [Senate Federal and State Affairs Committee; March 13 at 10:30 am]
Thursday –
·      Hearing on: SB 113, providing for the legal use of medical cannabis – [Senate Public Health and Welfare Committee; March 14 at 9:30 am]
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.

Legislative Update By State Senator Caryn Tyson

Caryn Tyson

 

March 1, 2019

Turnaround is the halfway point in the legislative session.  It is a point when bills die that have not passed the originating chamber or have not been in an exempt committee.  The Senate exempt committees are Federal & State Affairs, Tax, and Ways & Means.  Generally, there is a major push to work as many bills as possible before the turnaround.  My first year in the legislature we worked long hours for several days, including 24 hours the last day before turnaround. This year was much different.  We worked several bills and then Senate leadership decided to take off the last day before turnaround.  Needless to say, it was disappointing.  While I appreciate the meticulous pace in working legislation, we could have worked another day on the floor and completed more of the State’s business.

Taking an approved Motor Vehicle Accident Prevention Course will qualify most drivers for a reduction in their motor vehicle insurance.  Some insurance companies offer as much as a 10% discount.  The course must be completed every three years.  Currently, an online course takes four hours to complete, while an in-person course takes eight hours to complete.  Senate Bill (SB) 94 would make a course four hours, regardless if online or in-person.  The bill passed the Senate unanimously.

KS Department of Wildlife, Parks and Tourism (KDWPT) requested SB 49 that would remove the cap on cabin rentals owned and operated by KDWPT.  I did not support removing the cap and raised the question – should state government be in the business of competing with private sector lodging accommodations? The bill passed the Senate with 29 Yes and 11 No votes.

Eudora Community Library District  Act, SB 50, would allow the city of Eudora and the local township to continue to be a library district.  Eudora was a class 3 city that formed a library district with the local township.  However, Eudora became a class 2 city because of an increase in population, which forced a change in the library district.  This may not seem like important legislation but it is because most library districts are taxing authorities.  Statewide, Kansas libraries collect approximately $114 million a year in property taxes.  The new Eudora Library Board would first be appointed, not allowing voters an opportunity to select their representation.  While I support libraries, I am a stronger advocate for elected representation.  The bill passed  Yes 27 to No 12.  I voted No.

Law enforcement must obey the rules of the road as we do.  SB 34 would give law enforcement some leeway when the rules impede law-enforcement action.  The bill passed the Senate 34 Yes to 4 No.  I voted Yes.

Advance Ballot Signatures: SB 130 would require county election officers try to contact each voter who submits an advance ballot that is not signed or the signature does not match the signature on file, allowing the voter an opportunity to correct it before final canvass.  While I have concern as to the logistics, especially in larger counties, we need to make every attempt that all legal ballots are counted.  The bill passed the Senate unanimously.

There were many more bills debated and passed, too many to list here.  Many legislators support transparent government, myself included.  As a result of this effort committee meetings and daily sessions are available online.  Legislation and the meetings can be found at www.kslegislature.org.

 

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

Caryn

Senator Hilderbrand’s Weekly Communications

March 1, 2019∙ Week Seven
HARD FACTS
·      Kansas has spent $184 million in efforts to entice businesses to leave Jackson County, Missouri for Johnson or Wyandotte County. This is compared to Missouri’s $154 million spent to bring companies to Missouri from Johnson or Wyandotte County in the ongoing border war. (Kansas City Star).
·      Wichita State University’s Center for Economic Development and Business Research determined that there are about 1,800 tech companies in Kansas, employing around 37,000 people. About 1,300 of those companies are considered tech creators, meaning they create hardware, software, or a tech process. 300 tech companies are located in Wichita with 270 being tech creators (Wichita Eagle).
Small business owners and would-be entrepreneurs will be interested in the Small Business Reference Center provided by the State Library of Kansas. It’s a vast resource that provides industry specific data, sample business plans, marketing guides, business start-up kits, and Nolo legal guides. Business Basics covers starting a business, managing employees and more. This Center includes more than 400 full text magazines with articles that can be printed, saved or emailed and 450 full-text reference books.
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.  Questions: [email protected] or 785-296-3296.
FLOOR ACTION
REGISTERING FLEET VEHICLES (SB 97): Senate Bill 97 authorizes the registration of certain rental vehicles in fleets and the issuance of permanent license plates to reflect that registration. Qualification for the registration would require a person to submit the registrations electronically for more than 250 motor vehicles subject to an excise tax on the gross receipts received from rental or lease for a period not exceeding 28 days (rental vehicle excise tax). This bill passed the Senate 40-0.
COMPANY SIGNS IN VEHICLES (SB 63): Senate Bill 63 authorizes the governing body of a city to adopt an ordinance to allow a driver for a transportation network company, when the driver is logged on to the transportation network company’s digital network, to equip the vehicle with a device capable of displaying a light visible from directly in front of the center of the vehicle. The lighting device can display steady light and can be any color except red. This bill passed the Senate 40-0.
REMEDIATION REIMBURSEMENT PROGRAM (HB 2001): House Bill 2001 extends the sunset on the Kansas Remediation Linked Deposit Loan Program, the Kansas Remediation Reimbursement Program, and the Kansas Agricultural Remediation Fund from July 1, 2020, to July 1, 2030. This bill passed the Senate 40-0.
UNCLAIMED LIFE INSURANCE BENEFITS ACT (SB 67): Senate Bill 67 establishes the Unclaimed Life Insurance Benefits Act (Act). The bill would require an insurer to compare its insureds ‘in-force policies, contracts, and retained asset accounts against a DMF, on at least a semi-annual basis, by using the full DMF once and then using the DMF update files for future comparisons to identify potential matches of its insureds. The bill would require insurers, for group life insurance, to confirm the possible death of an insured when the insurers maintain at least the Social Security number or name and date of birth, beneficiary designation information, coverage eligibility, benefit amount, and premium payment status of those covered under a policy or certificate. This bill passed the Senate 39-0(I passed on this vote, because of it having a direct impact on my business).
SERVICE-CONNECTED DEFINITION IN POLICE AND FIREMEN’S RETIREMENT SYSTEM (SB 15): Senate Bill 15 revises the definition for “service-connected” as that term is used to determine death and disability benefits in the Kansas Police and Firemen’s Retirement System. Under current law, service-connected causes for death and disability benefits include heart disease, lung or respiratory disease, and cancer. The bill would add bloodborne pathogens. This bill passed the Senate 40-0.
UPDATING THE STATE BANKING CODE (SB 82): Senate Bill 82 amends provisions of the State Banking Code relating to certificate of existence, voting rights for conversion to a state charter, and the method of delivery for certain notices.
  • Certificate of Existence – specify no party may infer a financial institution relying on a certificate of existence has knowledge of the terms of an entity’s documentation solely because the financial institution holds a copy of all or part of the entity’s documentation.
  • Conversion to a State Charter Voting Rights – authorize any national bank, federal savings association, or federal savings bank to become a state bank upon the affirmative vote of not less than two-thirds of the institution’s voting interests of members The bill would require the submission of a transcript of minutes from the meeting if two-thirds of the voting interests of members approve of the proposed conversion to a state bank.
  • Method of Delivery for Certain Notices – authorize notice by certified mail or electronically pursuant to the Uniform Electronic Transactions Act to all stakeholders at least five days in advance of a meeting to vote on the issuance of preferred stock. The bill also authorizes a safe deposit lessor to provide notice by certified mail or electronically pursuant to the Act to the lessee when a safe deposit box lease is being terminated.
This bill passed the Senate 40-0.
ENTREPRENEURSHIP ACT (SB 90): Senate Bill 90 would allow financial institutions to claim the Center for Entrepreneurship tax credit beginning in tax year 2019, which would be applied to the privilege tax owed. The maximum amount of tax credits that any taxpayer could claim would be increased from $50,000 to $100,000. The total amount of tax credits that could be claimed for all taxpayers would remain capped at $2.0 million per fiscal year. This bill passed the Senate 40-0.
KANSAS REAL ESTATE COMMISSION LICENSING (SB 60): Senate Bill 60 modifies statutes related to licensing of real-estate brokers and the Kansas Real Estate Commission. The bill reduces real estate broker’s licenses time from five years to three years preceding the date of application for the license for which an applicant for a broker’s license may satisfy the requirement of two years’ experience as a resident salesperson or a licensee in another state. It also increases the pre-license education course from 24 hours to 30 hours, and no more than 45 hours, and renames the course the “Kansas Real Estate Fundamentals Course.” It also creates a new course titled “Kansas Real Estate Management Course,” which would be 30 to 45 hours in length and would be required for original broker’s license applicants beginning January 1,2020. This bill passed the Senate 40-0.
REGULATING ASSIGNMENT OF RIGHT OR BENEFITS TO A RESIDENTIAL CONTRACTOR (SB 78): Senate Bill 78 creates law within the Kansas Consumer Protection Act regarding a post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring residential real estate. The bill would state an assignment may authorize a residential contractor to be named as a co-payee for the payment of benefits under a property and casualty insurance policy covering residential real estate. Such assignment would be required to include a statement that the residential contractor has made no assurances that the claimed loss will be fully covered by an insurance contract as well as a specified notice in capitalized, 14-point type. The residential contractor would be required to provide the assignment to the insurer of the residential real estate within three days of the signing of the assignment, and the assignment would have to provide that, in addition to any other right to revoke, the named insured has the right to cancel the assignment within five business days after execution. This bill passed the Senate 38-1(I passed on this vote, because of it having a direct impact on my business).
AT-RISK PROGRAMS (SB 16): Senate Bill 16 requires, on and after July 1, 2019, the best practices identified and approved by KSBE for at-risk programs and instruction of students receiving at-risk program services to include, but not be limited to, programs and services provided by state-based national nonprofit organizations that focus on students who are identified as at-risk or who face other identifiable barriers to success; provide peer-reviewed, evidence-based instruction and support services to such students inside and outside the school setting; and show proven and consistent effectiveness through outcomes data, including, but not limited to, school attendance, academic progress, graduation rates, pursuit of postsecondary education, or career advancement. The bill would also specify Jobs for America’s Graduates and Boys and Girls Club as programs eligible to receive state appropriations for providing individualized support to students enrolled in unified school districts and assisting with student achievement goals. This bill passed the Senate 39-1(I voted against this bill, because I think that this is something that should be decided on the local level).
MINIMUM SCHOOL SAFETY DRILLS EACH YEAR (SB 128): Senate Bill 128 requires the State Fire Marshal to adopt rules and regulations requiring administrators of public and private schools and educational institutions, except community colleges, colleges, and universities, to conduct at least four fire drills, two tornado drills (one in September and one in March), and three crisis drills each school year. The bill would require the three crisis drills to be conducted at some time during school hours, aside from the regular dismissal at the close of the day’s session. This bill passed the Senate 40-0.
MOTOR VEHICLE ACCIDENT PREVENTION COURSE (SB 94): Senate Bill 94 would require a motor vehicle accident avoidance course associated with required reduction in motor vehicle insurance premium charges to be at least four hours in duration. The bill would require the course utilize a nationally recognized driver training curriculum or a curriculum approved by a state or federal agency, rather than a course approved by the National Safety Council or a governmental agency such as the State Board of Education.This bill passed the Senate 40-0.
POLICE AUDIBLE AND VISUAL SIGNALS (SB 62): Senate Bill 62 authorizes the violation of certain rules of the road in the Uniform Act Regulating Traffic on Highways by the driver of a police vehicle who has reason to believe vehicle operation while using lights and audible signals could impede a law enforcement action under circumstances specified by the bill. This bill passed the Senate 34-4(I voted in favor of this bill).
WIRELESS TELECOMMUNICATION SERVICES (SB 68) Senate Bill 68 make changes to law relating to valid contract franchise ordinances and their application to wireless service providers and wireless infrastructure providers. The bill would allow a city to govern a wireless services provider’s or wireless infrastructure provider’s use of the public right-of-way using any combination of a master license agreement, permitting requirement, or municipal ordinance or code. The bill would require such governance to be consistent with federal and state law. The bill also would allow a city to assess a wireless services provider or a wireless infrastructure provider a fixed right-of-way access fee for each small cell facility that a provider deploys that requires the use of the city’s right-of-way. The fee could not be based on such a provider’s gross receipts derived from services provided within a city’s corporate limits. This bill passed the Senate 40-0.
KANSAS STATE GRAPE (SB 53): Senate Bill 53 designates the official Kansas red Winegrape as Chambourcy, and the official Kansas white Winegrape as Vignola’s. This bill passed the Senate 40-0.
POSTSECONDARY TECHNICAL EDUCATION AUTHORITY (SB 71): Senate Bill 71 reauthorizes the Postsecondary Technical Education Authority (TEA) by repealing the statute specifying sunset date of June 30, 2019. The bill would also require the TEA to make an annual report to the Legislature on the performance of its functions and duties. This bill passed the Senate 40-0.
DATE FOR TAKING OFFCE (SB 105): Senate Bill 105 authorizes a city to determine the start date of a regular term of office for a city officer by resolution of the city. In law regarding city elections, the bill would require the start date be on or after December 1 following certification of the election and no later than the second Monday in January following certification of the election. If the city does not establish an alternative date, the bill would specify such term would begin on the second Monday in January. This bill passed the Senate 40-0.
EMPLOYMENT FOR BLIND OR DISABLED INDIVIDUALS (HB 2044) House Bill 2044 authorizes a new income tax credit for tax years 2019 through 2023 equivalent to 15.0 percent of expenditures on goods and services purchased from qualified vendors or non-profit certified businesses, as those terms would be defined by the bill, that provide a certain level of health insurance benefits and have at least30.0 percent of their employees be resident Kansans with disabilities. The amount of the credit would be capped at $500,000 per each qualified vendor each tax year, and the total amount of cumulative credits allowed for the life of the program would be capped at $5.0 million. The tax credits would be nonrefundable, but unused credits could be carried forward for up to four years and applied against the liability of future tax years. This bill passed the Senate 37-1(I voted in favor of this bill).
AO-K TO WORK PROGRAM (SB 199): Senate Bill 199 creates the AO-K to work program that allows certain adults to earn high school equivalency credentials through the participation of career pathway oriented postsecondary classes. This bill passed the Senate 40-0.
SERVICES FOR CHILDREN WITH PROBLEM SEXUAL BEHAVIOR (SB 77): Senate Bill 77 requires the Department for Children and Families (DCF) to offer services to children with problem sexual behavior and their families. This bill passed the Senate 38-0.
REQUIRING THE NOTIFICATION OF MISSING FOSTER CARE CHILDREN (SB 162): Senate Bill 162 requires the notification to the governor and legislature whenever a child goes missing in foster care. The Department for Children and Families (DCF) would be required to notify the governor and legislature as well as the newspaper of the county wherever the child went missing. The bill also requires DCF to issue a fine of $500 to the contractor for each day the contractor fails to report the missing child. This bill passed the Senate 40-0.
STATE CABIN RENTAL FEES (SB 49): Senate Bill 49 authorizes the Department of Wildlife, Parks, and Tourism to establish fees for the public use of cabins owned or operated by the department and for camping permits at state parks. SB 49 eliminates current law that requires the department to obtain approval from the Kansas Wildlife, Parks, and Tourism Commission to establish fees for the use of cabins by the public. The bill also eliminates current caps on fees for cabin rentals. This bill passed the Senate 29-11(I voted against this bill. This bill deletes the fee caps, and oversight for the Secretary of KDWPT. I do not believe that we should give any unelected bureaucrat the ability to raise fees without any oversight. This bill also gives the state an unfair advantage over private business) .
KANSAS CEREAL MALT BEVERAGE ACT (HB 2035): House Bill 2035 provides uniformity in the issuance of citations for violations of the Kansas Cereal Malt Beverage Act by ABC. This bill passed the Senate 40-0.
ALLOWING CERTAIN PODIATRISTS TO PERFORM SURGERY (SB 61): Senate Bill 61 adds podiatrists who completed a two-year post-doctoral surgical residency program prior to July 1, 2007, in reconstructive rearfoot/ankle surgery to the podiatrists who may perform surgery on the ankle, as long as they are board-certified or in the process of being certified. This bill passed the Senate 40-0.
AMENDING THE CRIME OF COUNTERFEITING (SB 134): Senate Bill 134 amends the crime of counterfeiting currency. This bill passed the Senate 40-0.
REMOVING A RESTRICTION IN UNEMPLOYMENT INSURANCE (SB 27): Senate Bill 27 repeals the provision in Kansas Employment Security Law (commonly referred to as unemployment insurance or UI) that prohibits professional employer organizations from including a client company’s owners and officers in the same UI quarterly report as that company’s employees. This bill passed the Senate 40-0.
LICENSURE REQUIREMENTS FOR SOCIAL WORKERS (SB 193): Senate Bill 193 provides for licensure by reciprocity for social workers at baccalaureate, master’s, and specialist clinical levels and amends the requirement for licensure by reciprocity for other professions regulated by the Behavioral Sciences Regulatory Board. SB 193 allows applicants who are deficient in the qualifications or in the quality of educational experience required for licensure, to obtain provisional licenses to allow the applicants time to fulfill remedial or other requirements prescribed by the Board. The bill also amends the licensure requirements for a specialist clinical social worker by reducing the number of hours of postgraduate supervised professional experience required. This bill passed the Senate 40-0.
ADDRESSING ISSUES WITH SIGNATURES ON ADVANCE BALLOTS (Sub SB 130): Substitute for Senate Bill 130 amends law concerning advance ballots and associated signature requirements. The bill requires county election officers to try to contact each voter who submitted an advance voting ballot without a signature or with a signature that does not match the signature on file and allow the voter to correct the deficiency before the final county canvass. This bill passed the Senate 40-0.
CHANGES TO MUNICIPAL OFFICE ELECTIONS (SB 131): Senate Bill 131 amends law concerning the filing date for municipal offices and the date certain newly elected township officers take the oath of office. SB 131 changes the filing deadline for a candidate in a municipal election where a primary election is not authorized or required by law from September 1 prior to the general election in odd-numbered years to the day before the primary election date in both odd- and even-numbered years. The bill also changes the date a newly elected trustee, clerk, or treasurer of any township must take the oath of office, from within 20 days after being notified of such election to on or before the second Monday in January when the term of office begins. This bill passed the Senate 40-0.
SCHOOL BOARD ELECTIONS (SB 7): Senate Bill 7 amends current law regarding the timing of appointing a replacement school board member, timing of elections of officers of a local board of education, the date local school district board officials take office, and the timing of an election to change the method of election or voting plan for school board members. SB 7 also requires the first meeting of the Board of Education to be on or after the second Monday in January or at a later meeting if so determined by the Board at the first meeting, rather than in July. This bill passed the Senate 37-2(I voted against this bill, because I think that this is something that should be decided on the local level).
EUDORA COMMUNITY LIBRARY DISTRICT ACT (SB 59): Senate Bill 59 allows the city of Eudora to continue to be part of a library district previously established by the City of Eudora and Eudora Township. This bill passed the Senate 27-12(I voted against this bill. It gives an unelected board the ability to assess taxes. Plus the city of Eudora already collects a tax for this same issue. This is the definition of taxation without representation.)
NEXT WEEK
NEXT WEEK
Monday –
·      NO SESSION
Tuesday –
·      NO SESSION
Wednesday –
·      Hearing on: SB 200, increasing retirement benefit cap and decreasing employee contribution rate for members of the Kansas Police and Firemen’s Retirement System in certain circumstances – [Senate Financial Institutions and Insurance Committee; March 6 at 9:30 am]
·      Hearing on: SB 150, enacting housing protections for victims of domestic violence, sexual assault, human trafficking or stalking – [Senate Judiciary Committee; March 6 at 10:30 am]
·      Hearing on: SB 142, appropriations for the department of education for FY 2020 and FY 2021 in response to litigation; increasing BASE aid for certain school years – [Senate Select Committee on Education Finance; March 6 at 1:30 pm]
Thursday –
·      Hearing on: SB 192, authorizing the secretary of transportation to designate toll projects on new and existing highways and changing the requirement to fully fund toll projects solely through toll revenue – [Senate Transportation Committee; March 7 at 8:30 am]
·      Hearing on: SB 197, reducing the sales tax rate on food and food ingredients – [Senate Assessment and Taxation Committee; March 7 at 9:30 am]
·      Hearing on: SB 206, authorizing the state fire marshal to have law enforcement powers and to investigate fire deaths – [Senate Federal and State Affairs Committee; March 7 at 10:30 am]
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.

Kansas Emergency Department Data Available

KDHE’s KIC Website Offers New Data from Emergency Departments

Tool makes diagnoses and other statistics available online for first time

 

TOPEKA – The Kansas Department of Health and Environment (KDHE) has added a new dataset to its online health data query tool, Kansas Information for Communities (KIC). Emergency department data from the state’s general hospitals is now available on the KIC page.

 

“Using KIC, individuals and policy makers will be able to see the diagnoses that bring almost 900,000 residents to emergency departments at Kansas hospitals,” said KDHE Acting Secretary and State Health Officer Lee A. Norman, M.D. “This information can provide an insight into the injuries and illnesses affecting Kansans, many of which are preventable.”

 

Using the KIC emergency department data, individuals will be able to produce statistics on the number of ED visits by county, race, ethnicity, sex and various diagnosis categories. The diagnosis codes are grouped using a clinical classification software developed by the Agency for Healthcare Research and Quality. The same categories are used in the hospital discharge or inpatient diagnoses that are reported in the KIC hospital discharge query tool.

 

KIC can produce counts, rates and age-adjusted hospital ED or inpatient rates. Other datasets contained in KIC include hospital discharge procedures, births, deaths, pregnancies, cancer and population.  Data used in KIC is deidentified with some small counts or unreliable rates suppressed. The KIC web site also hosts a variety of other statistics, data and resources. The URL is http://kic.kdheks.gov.

Gov. Kelly Tells of Path Forward

Governor Kelly outlines first seven weeks in office, encourages focus on schools
The following statement is from Governor Laura Kelly:

 

Good morning. In the seven weeks since the inauguration, my administration has been hard at work.

I presented a plan that balanced the budget, prioritized schools, paved the way for Medicaid expansion, invested in children and families, enhanced public safety, and left the largest ending balance in two decades.

My budget was structured to stabilize our fragile state finances and pay down the record amount of debt racked up during the last eight years. Not only that, my bipartisan Cabinet hit the ground running with the long, hard task of rebuilding our state agencies.

Together, we’ve increased transparency by sharing, honestly, the severity of the problems we uncovered at the Department of Corrections, Department for Children and Families, and Department of Revenue. We’ve shed light on the number of no-bid contracts hidden throughout state government.

Contracts worth tens of millions of dollars, that didn’t go through the proper channels, and may not be in the best interests of Kansans.

My team at the Department of Administration is currently in the process of developing new, stricter standards of ethics and accountability in the procurement process. We look forward to announcing that plan once it is finalized in the coming weeks. And we are just getting started. We understand the urgency of our work. Our work touches the lives of Kansans every day and we take that very seriously.

Unfortunately, I’m disappointed that the Legislature has yet to act with the same level of urgency, especially given the breadth of our challenges and the deadlines we face.

As a former legislator, I have deep respect for the legislative process. It is not unusual for many of the biggest issues of the session to be resolved later in the session. This is not a race. But the deadlines are real. And they are right around the corner. It’s frustrating that little progress has been made on the most critical issue of the session: school funding.

After seven weeks, I worry that some legislative leaders have allowed serious deliberations and the development of policy alternatives give way to partisan games and unnecessary name calling.

In 2011, the first year of the previous administration, the Legislature debated and acted on 99 more pieces of legislation by this point in the session than they have this year. At this moment, halfway into the session, just one piece of legislation has reached my desk.

I’ve met with leadership. I’ve met with lawmakers of both parties. And my door continues to be open. I’m eager to find bipartisan consensus when lawmakers return for the second half of the session. I’m looking forward to seeing their plans so we can begin negotiations.

On election night in November, I was hopeful that lawmakers could put our differences aside and work together on behalf of Kansas families. Today, I choose to remain hopeful. I am ready to find middle ground.

I was elected to rebuild our state following years of mismanagement and failed policy. I offered a plan to do just that. I hope lawmakers will join me in earnest when they return.

In the meantime, my team will continue to do our work – cleaning up messes and charting a more responsible path forward. We will continue to put the best interest of families first. We will prioritize schools, health care, roads, and job growth.

Thank you for coming today.

 

Legislative Update By State Senator Caryn Tyson

 

February 22, 2019

Kansas Farm Bureau Option for Medical Coverage resulted in an ardent senate floor debate.  Senate Bill (SB) 32 would allow KS Farm Bureau to establish and offer medical coverage for KS Farm Bureau members.  Healthcare costs are skyrocketing and not everyone can afford insurance.  It has been reported that since Obama-care became law, insurance premium costs have increased an average of 12% each year for persons who are non-Medicaid eligible.  SB 32 would provide another option for KS Farm Bureau members who cannot afford the rising cost of health insurance.  The KS Farm Bureau program would not have all of the benefits of health-insurance, for example –a person would have to qualify for the coverage and not all health-care would be covered.  The program is modeled after Tennessee Farm Bureau’s program, which has been in existence for approximately 70 years.  The bill passed 28 Yes to 11 No.  I voted Yes.

Stop the Fraud and Waste:  In 2015, I offered an amendment on a bill to require an electronic identity check when a person applies for government assistance.  It was signed into law.  A couple of weeks ago I requested information on how the statute was implemented and what the results have been in stopping fraudulent applications.  The response I got was that the electronic identity check has still not been implemented.  It is things like this that result in little to no confidence in government.

Kansas sales tax and sales tax on food is some of the highest in the nation.  According to the Tax Foundation, combining the average county and city sales tax with the state sales tax puts Kansas at the 8th highest sales tax rate in the nation.  Kansas is 11th highest for state sales tax and 15th highest for average local sales tax which results in the 8th highest for combined sales tax.  These tax rates result in Kansas having among some of the highest sales tax rates on food.  Some Kansans can apply for a food sales tax credit when they file their KS income tax return.  There are a few ways a person may qualify.  One way is a person must be 55 years of age or older, have a federal adjusted gross income less than $30,615.01, and have a Kansas income tax liability to qualify.

The Senate Tax Committee had a hearing on SB 76.  The bill is an attempt to decrease the State sales tax on food by 3% in the next three years (1% per year decrease).  If passed, it would be a step in the right direction.

Seat belt violations: Current statute is ambiguous and has resulted in varied opinions as to rather a seat belt violation is a traffic infraction or a misdemeanor.  SB 41 would make it clear that a seat belt violation is a traffic infraction.  Fines would not change.  A fine is $30 if age 18 or older, $60 for anyone 17 or younger and not properly fastened in the appropriate restraining system.

 

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

Caryn

Senator Hilderbrand’s Weekly Newsletter Feb. 22

February 22, 2019∙ Week Six
HARD FACTS
·       The Kansas Department of Corrections recently discovered that 591 inmates have tested positive for Hepatitis C, an infection that damages the liver. It is estimated that treatment for inmates will be roughly $9 million (Wichita Eagle).
Learn Online with Universal Class
Universal Class https://kslib.info/uclass offers over 500 lifelong learning courses in more than 30 areas of study at no charge. Join a full course with instructors and readings or just watch the lecture videos to brush up on a topic. The wide range of courses offers something for everyone: from accounting to yoga, babysitting to parenting, cake decorating to computer training.
Easy registration and self-supplied password is necessary to use this resource and allows you to resume your work. 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.  Questions: contact the State Library at [email protected] or 785-296-3296.
FLOOR ACTION
EXPIRATION DATE OF RISK-BASED CAPITAL INSTRUCTIONS(SB 28): Senate Bill 28 changes the date specified in the Insurance Code for risk-based capital (RBC) instructions promulgated by the National Association of Insurance Commissioners for property and casualty companies and for life insurance companies. The instructions currently specified became effective on December 31, 2017. The bill would update the effective date on the RBC instructions to December 31, 2018. This bill passed the Senate 40-0(I voted in favor of this bill).
EXEMPTING CERTAIN DOMESTIC INSURERS FROM FILING ENTERPRISE RISK REPORTS (SB 66): Senate Bill 66 modifies registration requirements in the Insurance Holding Company Act related to filing exemptions for enterprise risk reports. SB 66 requires enterprise risk reports filed by the controlling person of every insurer subject to registration, to be appropriate to the nature, scale, and complexity of the insurer. The bill also exempts the ultimate controlling person of domestic insurance from submitting an enterprise risk report if the domestic insurer is authorized, admitted, or eligible to engage in the business of insurance only in Kansas with total direct and assumed annual premiums less than $300 million; unless the ultimate controlling person of the domestic insurer also controls other insurers not meeting the requirements of the section. Stating that an insurer is not considered to be authorized, admitted, or eligible to engage in the business of insurance only in Kansas if the insurer directly or indirectly writes or assumes insurance in any other manner in another state. This bill passed the Senate 40-0(I voted in favor of this bill).
M DRIVER’S LICENSES OPERATING UNDER TEMPORARY PERMIT (SB 17): Senate Bill 17 removes an exception for motorcycles operated with a temporary registration permit from requirement for each operator of a motor vehicle in Kansas to hold a license classified for the operation of the motor vehicle. Previous law stated that any person operating a motorcycle registered in Kansas shall be the holder of a class M driver’s license; except when any person is operating a motorcycle that is registered under a temporary permit. This bill passed the Senate 40-0(I voted in favor of this bill).
CLAIMS AGAINST THE STATE (SB 25): Senate bill 25 authorizes expenditures of $82,886 in FY 2019 to pay claims against the State of Kansas. This bill passed the Senate 40-0(I voted in favor of this bill).
APPROACH OF AN EMERGENCY VEHICLE (SB 40): Senate Bill 40 removes language requiring a law enforcement officer to issue a warning citation from, and after, the effective date of the act, and prior to July 1, 2001. This is for provisions requiring a driver to move into a nonadjacent lane or, if changing lanes is not possible or unsafe, proceed with due caution upon approaching an authorized emergency vehicle or police vehicle using flashing or hazard warning lights. This bill was passed and placed on the Consent Calendar 40-0(I voted in favor of this bill).
SEAT BELT USE IN TRAFFIC INFRACTION (SB 41): Senate Bill 41 amends the Uniform Act Regulating Traffic to specify the violation of law that requires seat belt use by occupants ages 14 and older in passenger cars or autocycles. This will now be considered a traffic infraction. This bill was passed and placed on the Consent Calendar 40-0(I voted in favor of this bill).
KANSAS FARM BUREAU MEMBER HEALTH CARE BENEFITS (SB 32): Senate Bill 32 allows the Kansas Farm Bureau to establish a health care benefit that offers coverage specifically for Farm Bureau members in Kansas. Senate Bill 32 aims to reduce the number of uninsured Kansans by creating competition and free-market options for health care. Senate Bill 32 is the Farm Bureau’s solution to addressing the critical need for KFB members to find affordable health care coverage. A recent study pointed out that 65 percent of agriculture producers view health care as the number one threat to the future of their operation. This bill passed the Senate 28-11(I voted in favor of this bill).
REPORTING OF MISSING FOSTER CARE CHILDREN
On Thursday, the Senate Public Health and Welfare Committee held hearings for Senate Bill 162, which would require foster care contractors to inform the Kansas Department for Children and Families (DCF) within 24 hours if any child in the foster care system goes missing. The bill would give DCF 48 hours to then inform legislators, the governor and media about missing children. In addition, SB 162 would compel DCF to fine their private contractors $500 daily for violations of the proposed disclosure law.
The legislation, which was drafted by Senator Molly Baumgardner (R-Louisburg), comes after multiple reports over previous years about missing children in DCF. Sen. Baumgardner expressed the need for the Kansas Legislature to address this crisis within the state. Currently, there are around 7,500 children within the Kansas foster care system.
ONLINE EDUCATION AND DEDICATED MCO FOR FOSTER CARE CHILDREN
On Wednesday, the Senate Public Health and Welfare Committee held hearings for Senate Bill 122. Senate Bill 122 would require the Kansas Department of Education to track academic records, make online access available and provide a laptop for high school students in the foster care system as they transfer from one school to the next. SB 122 would also have a nonprofit managed care organization (MCO) serve Kansas foster care children under the umbrella of Medicaid.
NEXT WEEK
Monday –
·      Hearing on: Senate Bill 178, sales tax exemption for nonprofit integrated community care – [Senate Assessment and Taxation Committee; February 25 at 9:30 am]
·      Hearing on: Senate Bill 179, increasing the married tax filer income threshold for the subtraction modification for social security income – [Senate Assessment and Taxation Committee; February 25 at 9:30 am]
·      Hearing on: Senate Bill 93, establishing restrictions on the use of step therapy protocols by health insurance plans – [Senate Public Health and Welfare Committee; February 25 at 9:30 am]
·      Hearing on: Senate Bill 124, prohibiting the state corporation commission from authorizing certain charges for electric service – [Senate Utilities Committee; February 25 at 1:30 pm]
Tuesday –
·      ON FLOOR ALL DAY
Wednesday –
·      ON FLOOR ALL DAY
Thursday –
·      ON FLOOR ALL DAY
Friday –
·      NO SESSION
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.

Governor Kelly on KPERS

Governor’s statement on the passage of Senate Bill 9

 

The following statement is from Governor Laura Kelly on the passage of Senate Bill 9, a $115 million payment to KPERS to make up for years of delayed and eliminated payments:

 

“After years of delayed, reduced and eliminated pension payments to prop up a failed tax experiment, it is encouraging to see lawmakers act responsibly to fix past mistakes. However, Senate Bill 9 does little to address ballooning KPERS payments in future years, and it does nothing to stabilize state finances as a whole. In January, I put forward a commonsense, structurally balanced budget that tackled our most urgent priorities, paid down debt, rebuilt our state savings, all without raising taxes.

 

“While I’m eager to compromise with Republican leadership on policy proposals, I will not compromise Kansans’ commitment to fiscal responsibility and balanced budgets. I’m hopeful that Republican leadership will join me in that effort and come to the table to offer reasonable ideas so we can avoid the mistakes that made Senate Bill 9 necessary in the first place.”

 

#

Definition of A Weapon Considered by Kansas Senate

Department of Corrections Secretary Cautions Lawmakers to Consider Costs of Their Decisions During Testimony

 

Topeka, Kan. — During his neutral testimony to the Senate Judiciary Committee this week regarding Senate Bill 80, which would expand the definition of weapon, Department of Corrections Secretary Roger Werholtz reminded lawmakers to consider a series of questions and its subsequent impact on the Kansas Department of Corrections. The proposed change would add the word “ammunition” to law thus raising the severity level of the penalty resulting in lengthening prison sentences for criminals. On the surface the change may seem to impose relatively little impact for the Kansas Department of Corrections, however, he offered another perspective with a series of questions.

 

Those questions included:

 

  1. What is the purpose of the legislation and the change in penalty? Is it to deter people from committing this offense? Is it simply to incapacitate them for a longer period of time?
  2. If the goal is deterrence, I would ask you to consider how many convicted felons will be aware of this legislation or will know that someone with a criminal history of two non-person felonies will move from presumptive probation with an underlying prison sentence of 11 to 13 months to a presumptive prison sentence of 25 to 29 months. I would argue that these folks will not do a cost benefit analysis of possible penalties and decide not to commit the crime because of the new sentences proposed. The fact is, these offenders don’t think they will be caught or simply don’t think at all.
  3. If the goal is incapacitation, how much more public safety will we buy by increasing prison time by 14 to 16 months, especially if the department does not have the program capacity to address the criminal behaviors that resulted in incarceration? We can certainly prevent offenders from doing much harm while imprisoned, but incapacitation is a very expensive strategy to pursue.

 

Werholtz cited legislative research requested by Rep. Ward Loyd in the past to determine how many changes were made to sentencing law for a multi-year period beginning in 2005. It was found that 108 changes to sentencing statutes were made. Of those 108 changes, 97 increased penalties.

 

“When considered independently, each of those decisions may seem to have insignificant impact on the Department of Corrections. However, the cumulative effect has considerable impact on our operations,” Werholtz said in his written testimony. “I chose to highlight this issue, with this legislation, because I think it is a good example of what can happen if we don’t look at the long-term consequences of a change.”

Secretary Werholtz provided a parallel of a truck that continued to have its cargo area loaded with more items. As more and more content is loaded into the truck it could seemingly handle the additional load, but eventually, he hypothesized, the load becomes too much and the truck’s chassis breaks and the truck is unable to be operated anymore. Similarly, the prison system, which is over its capacity will exceed its tipping point too.

 

“You are no doubt aware by now that we have insufficient space to house our population, insufficient staff to properly supervise them, and insufficient programming to effectively treat them,” Werholtz said in his written testimony. “My request is that, when considering all legislation impacting the size of KDOC’s inmate population, please be prepared to provide the necessary resources to safely house and treat them. Our current trajectory is unsustainable. Your careful consideration of this request is appreciated.”

Bourbon County Local News