Category Archives: Kansas

Governor Signs Education Bill

Governor Kelly commends bipartisan compromise, signs education bill

The following remarks are from Governor Laura Kelly delivered at the bill signing ceremony for Senate Bill 16, the bipartisan education bill:

Throughout the 2018 campaign, I told Kansans I wanted to be the “education governor.” And I meant it. It is my number one priority.

After the election, when I sat down with my budget director to put together my budget recommendation, public education was the very first topic of discussion. We looked at the numbers for a long time.

Using the most recent Supreme Court ruling on school finance as a guide, I adopted a plan that was widely embraced as the best path to ending years of school finance litigation.

On Thursday of this week, the Kansas Legislature endorsed this plan as well. I’m pleased we were able to come to a consensus on this critical issue.

Before I sign this bill, I’d like to commend the Kansas House of Representatives and the Kansas Senate for their diligent work. Their efforts resulted in overwhelmingly bipartisan legislation that will inject $90 million more into our public schools. It is a true victory for Kansas.

I also want to recognize an important group of legislators – Senators Molly Baumgartner, Anthony Hensley, and Jim Denning, as well as Representative Valdenia Winn, who shepherded this bill through the conference committee process.

They stood strong for our kids. I thank each of them for their hard work and commitment to bringing us closer to a resolution.

After a significant increase in funding last year, this plan addresses the Kansas Supreme Court ruling and represents what we all hope to be the final step towards fully funding our schools – and maintaining adequate funding in the years to come.

It is a reasonable, good-faith effort that is based on the plan put forth by the Kansas Department of Education and endorsed by the State Board of Education.

Of course, there’s a reason we’re all here on a Saturday. We have an urgent deadline to meet, and we simply do not have a minute to lose.

My signature on Senate Bill 16 is not the end of this discussion. It will make its way across the street to the Kansas Supreme Court. Briefs are due on April 15. Oral arguments will take place on May 9.

No one can predict what the court will rule. But one thing is for certain: this legislation represents a significant bipartisan effort to address the last remaining component of last summer’s court ruling. It is a meaningful, reasonable plan that maintains the stability of the rest of the state’s budget.

The saga over public education funding has been long and hard, and it’s time for it to be settled. I believe that this legislation will allow us to finally end the cycle of litigation and move forward.

For this reason, I am so proud today to sign Senate Bill 16.

 

Governor Supports School Funding Package

Governor applauds passage of school finance conference committee report

 

The following statement is from Governor Laura Kelly following the passage of the school funding package:

“The Kansas Legislature took an important step today towards addressing the needs of our students, supporting our teachers and fully funding our schools. I’m proud this reasonable, commonsense plan was embraced with bipartisan support today. Kansans want their leaders to work together to move our state forward.

“By investing in our local schools, we can ensure that all Kansas children – no matter who they are or where they live – have the opportunity to succeed.”

###

Statewide Broadband Availability Map

Governor announces statewide broadband availability map, requests public input

 

Governor Laura Kelly and Lt. Governor Lynn Rogers announced today the completion of the first iteration of a broadband availability map for the State of Kansas.  Rogers announced the map at the Rural Opportunities Conference in Dodge City yesterday. The map was made possible through a grant from the Information Network of Kansas (“INK”) Board of Directors.

 

“High speed broadband access is no longer a luxury, and unfortunately, there are still many areas throughout Kansas without adequate access to quality, affordable advanced broadband services,” Governor Kelly said. “Gaining public feedback and input on this map is an important step that my administration will be taking to identify and close broadband coverage gaps across the state.”

 

The map indicates where there are areas served and unserved by many of our participating broadband service providers. The map can be accessed at:  https://connectednation.org/kansas/interactivemap.

 

“Improving broadband access is key to growing rural Kansas and ensuring businesses and families can thrive,” said Lt. Governor Rogers. “We must ensure that every Kansan, no matter where they live, has access to the critical infrastructure needed to connect and participate in the 21st century economy.”

 

Broadband coverage was reported on a voluntary basis by the state’s broadband service providers.

 

Starting this month, Connected Nation will deploy network engineers across the state to validate the data reflected on the map, guided by feedback received from the public. Connected Nation will then update the map based on its findings in July. The public is encouraged to submit feedback via a form that can be accessed here:  https://connectednation.org/kansas/feedback.

 

“I hope the public will take time to provide feedback during this mapping process as we work to develop more effective approaches to closing the digital divide, which continues to persist in our rural communities,” Governor Kelly continued. “Our goal is to leverage the knowledge developed so that we are able to target resources more effectively and make Kansas one of the most connected states in the nation.”

 

Feedback may be submitted via computer, tablet, or mobile phone. Persons submitting feedback are encouraged to provide a short description of the issue and enter the address where the issue can be found. A screenshot detailing the area in question will automatically be submitted if an address is provided under Section 2, which will aid the network engineers and mapping team in pinpointing the problem.

 

 

###

Governor calls on Senate to vote on Medicaid expansion


Governor Laura Kelly declares disappointment with stalling tactics, calls on Senate leadership “to do their job”

 

Topeka – On behalf of thousands of Kansans struggling to secure affordable healthcare, Governor Laura Kelly held a press conference this morning calling on the Kansas Senate leadership to allow a vote on Medicaid expansion this week.

 

“By design, the legislation I presented was very similar to a plan that passed the legislature in 2017 with strong bipartisan support. That’s why I’m disappointed with Senate leadership for blocking the debate and the committee process,” Governor Kelly said. “Now with the regular session winding down, “halfway there” isn’t good enough.”

 

Almost two weeks ago, a bipartisan coalition in the Kansas House passed Medicaid expansion. Governor Kelly applauded this coalition during the press conference, recognizing their strength and determination in moving Medicaid expansion forward.

 

“I have always endorsed efforts to carefully study issues before taking action,” Governor Kelly said. “But when it comes to Medicaid expansion, “study” is a code word for “stall.” The House did what’s right for Kansas – I’m calling on the Senate to do the same.”

 

During the press conference, Governor Kelly outlined the timeline of Medicaid expansion in recent years. In 2011, Governor Sam Brownback asked Kansans to wait until after the 2012 Presidential Election to act on Medicaid. After the 2012 election, Kansas still failed to act. Brownback then insisted Medicaid could not be expanded until the Supreme Court ruled on the constitutionality of the Affordable Care Act (ACA).  The Supreme Court upheld the ACA in 2015. Kansas still did not act. When the Legislature overwhelmingly approved Medicaid expansion in 2017, Brownback vetoed the bill.

 

By not expanding Medicaid, Kansas has forfeited over $3.2 billion of our tax dollars to other states. The economic benefits of expansion have been clearly documented. The governor noted in the press conference that there have been 300 published studies and reports on the positive impact of Medicaid expansion in other states, including:

 

  • A reduced poverty rate;
  • A growth in the number of healthcare related jobs, spurring economic growth;
  • A healthier, insured population;
  • A significantly lower level of uncompensated care for health facilities.

 

Medicaid expansion passed the Kansas House of Representatives on March 21. The governor released her plan on January 29, 2019. Neither chamber held hearings on the bill or scheduled a floor vote.

Senator Hilderbrand’s Communications March 29

March 29, 2019∙ Week Eleven
HARD FACTS
·      In Kansas, Obamacare enrollment fell from 98,238 to 89,993 an 8.4% drop (KCUR).
·      Governor Laura Kelly’s veto of Senate Bill 22 will increase taxes on Kansas taxpayers and businesses by about $500 million over three years (KCUR).
This week in the Senate I had the honor of recognizing the 2019 3A State Champion Girard Trojan Boys in the Senate.
Explorahttps://kslib.info/students is an online resource available from the State Library of Kansas. Click on the grade appropriate icon for assistance with Middle School or High School homework or class assignments. Explora delivers high-quality articles from reputable publishers with no pop-ups or ads. Reading level indicators allow selection of material that matches students’ reading abilities. Broad topic overviews provide students with a starting point for their research.
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
DISSOLVING THE WHITE CLAY WATERSHED DISTRICT NO. 26 (HB 2188): House Bill 2188 would make the City of Atchison responsible for the maintenance and repair of all watershed lakes, dams, and other projects of the White Clay Watershed District 26. HB 2188 would also create an exemption to election requirements in law relating to the property tax lid. This bill passed and placed on the Consent Calendar 39-0.
TRANSFER OF TUBERCULOSIS CONTROL PROGRAM DUTIES (HB 2201): House Bill 2201 would transfer the powers, duties, and functions of the Tuberculosis Control Program from the Kansas Department for Aging and Disability Services (KDADS) to the Kansas Department of Health and Environment (KDHE). This bill passed and placed on the Consent Calendar 39-0.
DELAYING KPERS MEMBERSHIP ELIGIBILITY (SB 210): Senate Bill 210 would delay the Kansas Public Employees Retirement System (KPERS) membership eligibility by two years for employees employed in direct support positions in Community Developmental Disability Organizations. An employee would become a member of KPERS on the first day of the payroll period coinciding with or following completion of a two-year training period. This bill passed the Senate 39-0.
AMENDING REQUIREMENTS FOR KTA AND THE SECRETARY OF TRANSPORTATION (S Sub HB 2007): Senate Substitute for House Bill 2007 would amend requirements for tolled projects of the Kansas Turnpike Authority (KTA) and the Secretary of Transportation. This bill passed the Senate 38-1(I voted in favor of this bill).
AMENDING THE KANSAS 911 ACT (HB 2084): House Bill 2084 would revise the Kansas 911 Act and repeal three outdated statutes not included in the Act.  This bill passed the Senate 36-3(I voted against this bill. This bill will almost double the fees on phone bills).
REQUIREMENTS FOR REINSTATEMENT OF A RURAL WATER DISTRICT(HB 2085): House Bill 2085 would clarify if a rural water district (RWD) has available capacity, the board of a RWD must adhere to the benefit unit reinstatement requirements in current law. The bill also increases the maximum repayment period from 20 years to 40 years for loans provided by the Secretary of Health and Environment to municipalities for the payment of all or part of a project associated with a public water supply system. This bill passed the Senate 39-0.
UPDATING STATE CREDIT UNION STATUTES (HB 2101): House Bill 2101 would make several amendments and technical updates to the laws governing credit unions and related credit union procedures and designate Article 22 of Chapter 17, Kansas Statutes Annotated, as the State Credit Union Code. This bill passed the Senate 39-0.
AMENDING THE REVISED KANSAS CODE FOR THE CARE OF CHILDREN (HB 2103): House Bill 2103 would amend the revised Kansas Code for the Care of Children and enact statutory provisions to enable the state to meet the requirements of the federal Family First Prevention Services Act. The bill would define a qualified residential treatment program (QRTP), establish notice and hearing requirements when a child is placed in a QRTP, require certain action to be taken by the court when QRTP placement occurs, and place additional documentation requirements on the court in a permanency hearing involving a child placed in a QRTP. Further, the bill would amend the definition of a secure facility, require a child in need of care petition to have an attached copy of any existing prevention plan for a child, and make technical amendments. This bill passed the Senate 39-0.
AMENDMENTS RELATING TO DRIVING UNDER THE INFLUENCE (HB 2104): House Bill 2104 would amend the statute governing tests related to driving under the influence (DUI), effective July 1, 2019, to amend the oral and written notice a law enforcement officer must provide when requesting a person take such a test. Specifically, the bill would clarify in such notice that refusal to submit to and complete the test or tests will result in suspension of the person’s driving privileges for a period of one year and test failure will result in suspension of the person’s driving privileges for a period of either 30 days or one year.
The bill also would amend the statute governing preliminary screening tests related to DUI to remove provisions stating a person operating or attempting to operate a vehicle in Kansas is deemed to have given consent to such tests, setting forth the required notice when a person is requested to take such test, and stating refusal to take and complete such test is a traffic infraction. This bill passed the Senate 39-0.
ACCOUNTING TREATMENT OF CERTAIN DERIVATIVE INSTRUMENTS OF FIXED INDEX ANNUITIES (HB 2177): House Bill 2177 would create law permitting life insurance companies that offer fixed index annuities (FIAs) to utilize an alternative methodology accounting for FIA hedging and associated reserves. This bill passed the Senate 39-0.
REVISING THE WORKING AFTER RETIREMENT PROVISIONS OF KPERS (HB 2203): House Bill 2203 would revise the working-after retirement provisions of the Kansas Public Employees Retirement System (KPERS) by adding a new category of positions exempt from the law and reimbursing certain suspended benefits for a specific period of time. The bill would add individuals employed by the Kansas academies of the U.S. Department of Defense STARBASE Program to the list of exemptions.
 The participating employer would not have to enroll retirees into KPERS or report compensation to the Retirement System. The participating employer would not make contributions to KPERS. However, retirees would still be required to serve their 60 or 180-day waiting period, as applicable, before returning to covered employment, provided there is no prearranged agreement for employment. Currently, there are eight categories of retirees who may work after retirement:
● Nurses or practical nurses employed at certain state institutions
● Certain school district positions defined by KSA 74- 4937 (3), (4), and (5)
● Law enforcement officers employed by the Law Enforcement Training Center
This bill passed the Senate 39-0.
INCREASING REGISTRATION FEES FOR ELECTRIC & HYBRID VEHICLES (S Sub HB 2214): Senate Substitute for House Bill 2214 would add vehicle registration fees of $100 for all-electric vehicles and $50 for motor vehicles that are conventional electric hybrid and plug-in electric hybrid vehicles. The new fees would be effective on and after January 1, 2020. This bill passed the Senate 36-3(I voted against this bill. This bill increases fees on electric and hybrid vehicles. While most of the road usage is in cities and counties, the state will be the only benefactor from these increased fees).
AUTHORIZING THE KANSAS STATE FAIR BOARD TO CREATE A NONPROFIT CORPORATION (HB 2215): House Bill 2215 would authorize the Kansas State Fair Board to establish a 501(c)(3) nonprofit corporation. The purpose of the nonprofit corporation would be to receive gifts, donations, grants, and other moneys and engage in fundraising projects that benefit the Kansas State Fair. The board of directors of the nonprofit corporation would consist of the members of the executive committee of the Fair Board, the General Manager of the Kansas State Fair, and other directors designated by the Fair Board. This bill passed the Senate 38-0.
CHANGING THE REQUIREMENTS TO BEGIN PRODUCTION ON DISTINCTIVE LICENSE PLATES (HB 2246): House Bill 2246 would amend requirements for distinctive license plate development and for continuing distinctive license plates and would add several new distinctive license plates to be issued on and after January 1, 2020. The bill would add military branch license plates and three license plates for which royalty fees would be paid: proud educator license plates, Alpha Kappa Alpha license plates, and Knights of Columbus license plates. This bill passed the Senate 39-0.
REQUIRING A DULY ORDAINED MINISTER OF RELIGION TO REPORT CHILD ABUSE (SB 218): Senate Bill 218 would amend law related to mandated reports of child abuse. The bill would add duly ordained ministers of religion to the list of persons required to report suspected child abuse. The bill would specifically state ordained ministers would not be required to violate penitential communication privilege to make such a report. Continuing law requires listed persons to make a report when such person has reason to suspect that a child has been harmed as a result of physical, mental, emotional, or sexual abuse, or neglect. Willful and knowing failure to make a required report is a Class B misdemeanor. This bill passed the Senate 39-0.
AMENDING LICENSE AND RENEWAL APPLICATION FEES FOR INSURANCE THIRD PARTY ADMINISTRATORS (SB 228): Senate Bill 228 would amend license and renewal application fees and establish an annual report fee in the Third Party Administrators Act. The bill would amend the initial license application fee for home state and non-resident TPAs from “as provided for by rules and regulations” to the specified amount of $400 and require an annual report fee of $100 for both home state and non-resident TPAs. The bill would establish a $200 renewal application fee for each non-resident administrator renewal application. This bill passed the Senate 38-1(I voted in favor of this bill.)
AMENDING PROVISIONS RELATING TO ADULT CARE HOME LICENSURE (SB 232): Senate Bill 232 would amend the Adult Care Home Licensure Act regarding the application for licensure, financial solvency, and receivership of adult care homes. The bill would require the application for a license to operate an adult care home include evidence of access to sufficient working capital necessary to operate an adult care home and include a list of current or previously licensed facilities in Kansas or outside the state in which an applicant has or previously had any ownership interest in the operations or the real property of the facility. This bill passed the Senate 39-0.
CONTINUING THE 20 MILL STATEWIDE LEVY FOR SCHOOLS (SB 235): Senate Bill 235 would continue the 20 mill statewide levy for schools and exempt certain portions of property used for residential purposes from such levy. This bill passed the Senate 39-0.
AMENDING THE DEFINITION OF SERVICE-CONNECTED IN THE KANSAS POLICE AND FIREMEN’S RETIREMENT SYSTEM (HB 2031): House Bill 2031 would revise 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 blood borne pathogens. This bill passed the Senate 39-0.
PROVIDING SALES TAX AUTHORITY TO CERTAIN COUNTIES (HB 2033): House Bill 2033 would retroactively ratify the results of a 2017 election in Finney County seeking to increase that county’s tax by 0.3 percent and would clarify the county has such rate authority. The tax imposed by the election would be for purposes of an inter local agreement between the Finney County and the City of Garden City regarding certain infrastructure upgrades and would sunset after 15 years.
The bill would require the Director of Taxation to confirm all provisions of law applicable to the authorization of local sales taxes have been followed prior to causing collections to commence. Should the Director discover a city or county did not comply with the authorization law after collections have commenced, collections would cease until such error has been remedied. This bill passed the Senate 39-0.
REVOKING SPOUSAL INHERITANCE RIGHTS UPON DIVORCE (HB 2038): House Bill 2038 would create law within the Kansas Probate Code providing for the automatic revocation of certain inheritance rights of a former spouse or former spouse’s relatives upon divorce, as follows. This bill passed the Senate 38-1(I voted in favor of this bill).
DESIGNATING A PORTION OF US HIGHWAY 75 AS THE JOHN ARMSTRONG MEMORIAL HIGHWAY (HB 2070): House Bill 2070 would designate the portion of US-75 from the junction of US-75 and NW 46th Street in Shawnee County to the junction of US-75 and I-70 as the John Armstrong Memorial Highway and would remove this portion of US-75 from designation as the Purple Heart/Combat Wounded Veterans Highway. The bill also would designate bridge No. 018-011 on US77 in Cowley County as the SGT Kevin A. Gilbertson Memorial Bridge. This bill passed the Senate 39-0.
ALLOWING CERTAIN LIGHT SCREENING MATERIAL ON MOTOR VEHICLE WINDOWS (HB 2087): House Bill 2087 would amend the Uniform Act Regulating Traffic on Highways regarding sun screening devices on motor vehicle windows. The bill would authorize the installation of a clear, colorless, and transparent material on a vehicle’s windshields, side wings, side windows, or rear windows if certain conditions are met. This bill passed the Senate 39-0.
ALLOWING KPERS BOARD MEMBERS TO DEVELOP CERTAIN POLICIES (HB 2119): House Bill 2119 would authorize the Kansas Public Employees Retirement System (KPERS) Board of Trustees to develop policies and procedures to procure goods and services based upon sound business practices and in accordance to the Professional Services Sunshine Act. The bill would authorize in and out-of-state travel by KPERS employees and board trustees in accordance to current laws dictating mileage allowance rates for private vehicles. The board currently has the authority to procure its contracts for professional and consultant services, including actuarial consulting, investment management and consulting, and legal services. This bill passed the Senate 39-0.
REQUIRING OPERATORS OF A MOTOR VEHICLE TO PROMPTLY DELIVER DRIVER’S LICENSE UPON DEMAND BY OFFICER (HB 2125): House Bill 2125 would require the holder of a driver’s license who is operating a motor vehicle to promptly deliver, rather than display, the driver’s license upon demand of any officer of a court of competent jurisdiction, any peace officer, or any examiner or officer of the Division of Vehicles of the Department of Revenue. The requirement would apply when the driver’s license is in the licensee’s immediate possession at the time of the demand. This bill passed the Senate 39-0.
ALLOWING THE KBI TO PARTICIPATE IN THE KANSAS DROP ACT (HB 2140): House Bill 2140 would allow agents of the Kansas Bureau of Investigation (KBI) to participate in the Kansas Deferred Retirement Option Program (DROP) of the Kansas Police and Firemen’s Retirement System, which is currently authorized for troopers, examiners, and officers of the Kansas Highway Patrol (KHP). The sunset date for the program would be extended from January 1, 2020, to January 1, 2025. This bill passed the Senate 39-0.
REQUIRING COMMUNITY COLLEGES TO PUBLISH CERTAIN TAXPAYER AND STUDENT TRANSPARENCY DATA (HB 2144): House Bill 2144 would amend law related to community college student fees and enact the Community College Taxpayer Transparency Act. The bill would include findings and conclusions generally noting the structure and financing of community colleges; the duty of transparency owed by community colleges to property taxpayers and students of community colleges; and reaffirming the students and taxpayers of community colleges as the priority in financial decisions, reporting processes, and transparency measures of community colleges. This bill passed the Senate 39-0.
PROVIDING SALES TAX AUTHORITY FOR WABAUNSEE COUNTY (HB 2160): House Bill 2160 would make a number of changes to local sales tax authorization statutes and create a sales tax exemption for certain coins and bullion. This bill passed the Senate 39-0.
AUTHORIZING THE STATE BOARD OF REGENTS TO SELL TWO PIECES OF PROPERTY (HB 2168): House Bill 2168 would authorize the Kansas Board of Regents to sell two pieces of property on behalf of Kansas State University and one on behalf of the University of Kansas, with the proceeds from the funds deposited to the restricted use account of the respective universities to be used for deferred maintenance.
The bill would require the deeds, titles, and conveyances be reviewed and approved by the Attorney General. The conveyances would be subject to state appraisal requirements, but not subject to state surplus property requirements. The properties are in Douglas County, Riley County, and Saline County. This bill passed the Senate 39-0.
ALLOWING FOR WIDER VARIETY OF AGRICULTURAL PRODUCTS IN THE PRODUCTION OF WINE (HB 2223): House Bill 2223 would revise the Liquor Control Act to allow for producers of certain fermentation products to sell wine made at a farm winery. The farm wine would be required to meet the minimum Kansas content requirements. A vineyard permit would be renamed a producer license, which would be available to producers of grapes, with not less than 100 vines; ripe fruit, or berries, not less than 1,000 pounds; or honey, not less than 100 pounds.
Each producer licensee would be required to secure a $500 bond under the Liquor Control Act, and they would be liable for payment of liquor drink and liquor enforcement taxes. A producer license would be valid for two years, and it would cost $200. The bill would require licensees to maintain records and sales receipts, which could be inspected by the Division of Alcohol Beverage Control (ABC) of the Department of Revenue, the Secretary of Revenue, or any law enforcement officer. Under the bill, if a producer licensee is also licensed as a club or drinking establishment, the producer license would allow for the sale of domestic wine and other alcoholic liquor, as authorized by the Club and Drinking Establishment Act.
If the producer licensee also has a cereal malt beverage license, the producer would be allowed to sell beer not exceeding 6.0 percent by volume, as authorized by the Kansas Cereal Malt Beverage Act. The bill would allow a producer licensee to prohibit a person from possessing alcoholic liquor or cereal malt beverage not purchased on the licensee’s premises. This bill passed the Senate 39-0.
INCREASING PERMIT FEES FOR OVERSIZED VEHICLES (S Sub HB 2225): Senate Substitute for House Bill 2225 would increase fees for certain permits authorizing oversize or overweight vehicles to operate on designated routes and would require registration of escort vehicle companies. This bill passed the Senate 35-4(I voted against this bill. This bill will double fees on our trucking industry).
ALLOWING ATVS TO CROSS FEDERAL OR STATE HIGHWAYS (HB 2248): House Bill 2248 would authorize operation of all-terrain vehicles (ATVs) and work-site utility vehicles to cross a federal highway or a state highway. The bill also would authorize a person engaged in agricultural purposes to operate an ATV or work-site utility vehicle on a federal highway or state highway outside the corporate limits of any city under certain conditions. This bill passed the Senate 39-0.
ENACTING THE KANSAS TAXPAYER PROTECTION ACT (SB 104): Senate Bill 104 would enact the Kansas Taxpayer Protection Act, enact the Golden Years Homestead Property Tax Freeze Act, allow disabled veteran renters to claim the property tax refunds under the current Homestead Property Tax Refund Act, and allow individual income taxpayers to claim the expense deduction. This bill passed the Senate 39-0.
INCREASING PENALTIES FOR THE ABUSE OF A CHILD AND INVOLUNTARY MANSLAUGHTER (SB 108): Senate Bill 108 would amend the penalties for the crimes of involuntary manslaughter and abuse of a child and a mitigating factor for sentencing when a victim is an aggressor or participant in the criminal conduct associated with a crime of conviction. This bill passed the Senate 39-0.
SCRAP METAL THEFT REDUCTION ACT (Sub SB 219): Substitute for Senate Bill 219 modifies the Scrap Metal Theft Reduction Act (Act). The bill would establish the Scrap Metal Data Repository Fund (Fund) in the State Treasury, to be administered by the Director of the Kansas Bureau of Investigation (KBI). Expenditures from the Fund would be made in accordance with appropriation acts upon warrants of the Director of Accounts and Reports issued pursuant to vouchers approved by the Director of the KBI or designee. Moneys credited to the Fund would be expended for the administration of the duties, functions, and operating expenses incurred under the provisions of the Act. The Attorney General could transfer moneys from the Scrap Metal Theft Reduction Fee Fund to the Fund via certain procedures. The bill replaces references to the Attorney General with the KBI in provisions, making the KBI responsible for establishing and maintaining the database.
The review deadline and sunset date for a Kansas Open Records Act exception for the information maintained in the database is extended until July 1, 2024. An outdated database report requirement is replaced with a requirement that the Attorney General submit annual reports on or before February 1, beginning in 2020, regarding the implementation, administration, and enforcement of the Act. The report is then submitted to the President of the Senate, the Speaker of the House of Representatives, and the Senate and House Committees on Judiciary. Language was added prohibiting any entity contracting with the Attorney General or the KBI to provide or maintain the database from requiring a scrap metal dealer (dealer) to contract with the entity for the authority to release proprietary or confidential data, including customer information. Such entities would be prohibited from charging any fee to the dealer as a condition of providing information to the database required by the Act, including an electronic submission fee. Stated that a dealer providing information to the database as required by the Act shall not be subject to civil liability for any claim arising from the negligence or omission by the State of Kansas or any contracting entity in the collection, storing, or release of information provided by the dealer to the database. Requirements in a statute related to information a seller of regulated scrap metal must provide and the dealer’s register of such information requires the seller’s telephone number be provided and included in the register; remove a requirement that a legible fingerprint be obtained from a seller if the seller uses an official governmental document for a country other than the United States to meet certain requirements; allow a copy of a card or document already in a dealer’s register to suffice for subsequent transactions; remove civil penalties for failure to comply with these requirements; and remove a provision making these requirements unenforceable from June 1, 2017,to January 1, 2020. A provision that the dealer forwards the information required by this statute to the database now requires such forwarding occur for each transaction within 72 hours of the transaction. Removed is the criminal history records check and fingerprinting requirements for persons filing for registration.
Effective January 1, 2020, the registration and registration renewal fees at “not more than $500.” Under current law, the registration fee is set at “not less than $500 nor more than $1,500” and the renewal fee is set at “not more than $1,500.” This bill passed the Senate 35-4( I voted in favor of this bill, because it will lower the fees, and penalties).
RECOGNITION OF TRIBAL COURT JUDGMENTS (HB 2039): House bill 2039 creates law that district courts shall extend full faith and credit to orders, judgments, and other judicial acts of tribal courts of any federally recognized Indian tribe, pursuant to Kansas Supreme Court rules. Such recognition would be extended only to judgments of those tribal courts who grant full faith and credit to judgments of Kansas state courts. Specified that any person who files a tribal court judgment would be required to pay a docket fee as prescribed by continuing law in the Kansas Code of Civil Procedure, and that any additional fees or charges not specifically covered by such docket fee would be assessed as additional court costs in the same manner and extent as if the action had been originally filed in the court where the tribal court judgment is filed. This bill passed the Senate 37-2(I voted against this bill. This bill states that the district courts shall extend full faith and credit to the orders, judgements and other judicial acts of the tribal courts of any federally recognized Indian tribe.)
ESTABLISHING A COMMERCIAL INDUSTRIAL HEMP PROGRAM (S Sub HB 2167): Senate Substitute for House Bill 2167 would require the Kansas Department of Agriculture (KDA), in consultation with the Governor and Attorney General, to submit a plan to the U.S. Department of Agriculture (USDA) regarding how the KDA will monitor and regulate the commercial production of industrial hemp within the state, in accordance with federal law.
In addition, the bill would establish the Commercial Industrial Hemp Program, make changes to the Industrial Hemp Research Program, create the Industrial Hemp Regulatory Commission, create the Hemp Processor License, establish prohibitions on specific products, establish sentencing guidelines, and establish waste disposal requirements. This bill passed the Senate 39-0.
KANSAS UNDERGROUND UTILITY DAMAGE PREVENTION ACT (HB 2178): House Bill 2178 modifies law concerning the duty of an operator to mark the tolerance zone (the area not less than 24 inches of the outside dimensions in all horizontal directions) around an underground facility within the Kansas Underground Utility Damage Prevention Act (KUUDPA). The definition of “operator” changes to specify an electric public utility would not be considered an operator of any portion of an underground facility that is on another person’s side of the point where ownership of the facility changes from the electric public utility to another person as determined by the electric public utility’s rules and regulations, tariffs, service or membership agreements or other similar documents. Provided in the bill is if the operator of a facility used for transporting, gathering, storing, conveying, transmitting or distributing gas, electricity, communications, crude oil, refined or reprocessed petroleum, petroleum products or hazardous liquids, is also a provider of electricity, the duty of the operator to mark the tolerance zone would not extend to another person’s side of the point where ownership of the facility changes from the operator to another person as determined by the operator’s rules and regulations, tariffs, service, or membership agreements or similar documents. Definition of “operator” would be clarified to include any person who leases (rather than operates) an underground Tier 1 or Tier 2 facility. On or after July 1, 2019, the notification center must notify any person or excavator requesting identification of the location of underground facilities that utilities are only required to identify the location of utility-owned facilities and not the location of privately-owned facilities. This bill passed the Senate 38-1(I voted in favor of this bill).
EXECUTION OF A SEARCH WARRANT FOR ELECTRONICALLY STORED INFORMATION (HB 2191): House Bill 2191 adjust law concerning the execution of search warrants. Specifically, stated is warrants issued after July 1, 2019, for electronically stored information, electronic devices, or media capable of storing electronically stored information located in Kansas would authorize the transfer of such information, devices, or media for examination and review anywhere within the state or outside the state at any time after the seizure unless otherwise specified by the warrant. This bill passed the Senate 39-0.
WAVIER OR REDUCING DRIVER’S LICENSE REINSTATEMENT FEES (HB 2211): House Bill 2211 alters the law concerning driver’s license reinstatement fees. Specifically, it would allow a person who is assessed a driver’s license reinstatement fee and surcharge as provided by continuing law to petition the court to waive payment of such fee and surcharge. The court could waive, in whole or in part, or modify the method of payment of such fee and surcharge if it finds payment of the assessed amount would impose manifest hardship on that person or that person’s immediate family. This bill passed the Senate 39-0.
CREATING A CRIME VICTIMS COMPENSATION DIVISION (HB 2290): House Bill 2290 would create and amend law concerning the Office of the Attorney General and amend law concerning payment of claims and defense expenses pursuant to the Kansas Tort Claims Act. This bill passed the Senate 39-0.
PROVIDING FOR CONFIDENTIAL COMMUNICATIONS OF KANSAS NATIONAL GUARD MEMBERS IN PEER SUPPORT COUNSELING SESSIONS (HB 2365): House Bill 2365 revises law concerning the peer support counseling session communication privilege within the Code of Civil Procedure. Added are references to National Guard members (such members are defined by the bill as a regularly enlisted, officer, or civilian member of the Kansas National Guard) throughout the section, to make notes, records, or reports arising out of peer support counseling sessions involving National Guard members confidential, exempt from the Kansas Open Records Act (KORA), and inadmissible and not subject to disclosure or discovery in judicial and other proceedings. The exemption for records arising out of peer support counseling sessions would not be required to be reviewed by the Legislature and would not expire. This bill passed the Senate 39-0.
CONSIDERATION OF APPOINTMENTS
Department of Revenue, Secretary – Mark Burghart
The Senate confirmed the nomination on a vote of 38-1(I voted in favor of this appointment).
Department of Transportation, Secretary – Julie Lorenz
The Senate confirmed the nomination on a vote of 38-1(I voted in favor of this appointment).
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 March 29, 2019

Caryn Tyson

The Legislature did almost all of their work on the respective chamber floor last week.  The Senate looked at around 50 bills in three days.  The House had over 75 bills over the same three day timeframe.  When legislation is pushed through at that pace it doesn’t always get thoroughly vetted.  I work diligently to read and study legislation and at that pace it makes for a busy week.

Tax:  Remember, the Senate Tax Committee passed SB 91, an attempt to lighten the tax burden for senior citizens, disabled veterans, and Kansas taxpayers.  The bill was buried in a special committee.    In an attempt to save part of SB 91, I amended SB 104 to include the portion of SB 91 that would help low-income seniors and some disabled veterans with their property tax.  It is a first step in addressing our out-of-control property taxes.  I also moved to amend SB 104 so that small businesses and individuals in Kansas would be able to claim expense deductions for certain tangible property on their state income tax return, like corporations are allowed. Both amendments passed without objection.  The base bill SB 104, would require anyone who is paid to prepare income tax returns to sign the return they prepared, in partial or whole, and to provide their federal Preparer Tax Identification Number  (PTIN).  The bill is an attempt to cut down on fraudulent tax returns.  SB 104 containing both of my amendments passed the Senate without objection.

We need a complete study on our Kansas taxes so I approached the Governor and asked for a Blue Ribbon study.  It would take a look at all of our taxes and fee structures.  Kansas taxes are some of the highest in the nation.  According to the Tax Foundation, Kansas is 8th highest in the nation for state and local sales tax combined;  9th highest for state sales tax; in 2016 Kansas was 15th highest for property tax.  Wallet hub, a personal finance website started in 2013, has Kansas listed as 43rd (1 being the lowest) in the nation for property tax on vehicles.  It is time to take a detailed look at Kansas taxes and how we pay for government.

The Governor vetoed SB 22.  The bill would have stopped another Kansas tax increase that is a result of the Federal tax changes in 2017.  The Senate and House passed the bill.  The Senate passed the original bill and changes made by the House that made it more than just dealing with the Federal tax changes.  The House added decreasing sales tax on food by 1% and requiring online vendors collect and pay Kansas sales tax.  There will be an attempt at a veto override.  It will be close.

SB 219 would require scrap metal dealers when receiving metals such as aluminum, copper, brass, lead, and other nonferrous metal, to send pictures of the metal, name, address, and photo ID of the seller to a database maintained by the KBI.  The KBI and Attorney General aren’t just collecting names of bad players but also people who have not broken the law.  In 2015, the Scrap Metal Theft Reeducation Act passed.  It was not implemented in 2016 or 2017 because of complications with the database.  In 2017 and 2018, the Legislature suspended the dealer fingerprint, the $1,000 registration fee, and the database.  Instead of continuing to work on a solution, they introduced SB 219.  It created another fund for the Kansas Bureau of Investigation (KBI) and gave KBI authority for the database, although the original Scrap Metal Fund stays with the Attorney General’s office.   For the past two years. I fought to stop the madness but couldn’t convince a majority of Senators this year.  One Senator railed about how the Scrap Metal Theft Act went too far but voted to continue the madness!  It makes no sense.  Hopefully, the House will be able to stop this unprecedented collection of customer data by law-enforcement.

There were too many bills worked last week to list in this update.  A list of bills worked each day can be found on the Calendar at: http://www.kslegislature.org/li/b2019_20/chamber/calendars/

 

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

Caryn

Kansas Officials Urge Drivers to Avoid Distracted Driving

 

Texting, other distractions have led to thousands of crashes in Kansas

 

TOPEKA, Kan. — In 2017, 28 percent of all traffic crashes in Kansas were attributed to driver inattention or distractions. April is Distracted Driving Awareness Month and the Kansas Department of Transportation (KDOT) and law enforcement agencies across the state are working to educate drivers of the dangers of driving while distracted. Kansans will see a multi-media campaign running to support these efforts.

 

While distracted driving is most often associated with cell phone use, many other situations can cause distractions in the car. Interacting with children, eating food, using other electronic devices, and even things happening outside the vehicle contributed to more than 16,000 distracted driving crashes in Kansas in 2017.

 

“Taking your eyes off the road to send a text is like driving blindfolded down a football field,” said Chris Bortz, Traffic Safety Program Manager for KDOT. “You wouldn’t risk driving blindfolded, yet we see people on their phones or eating or putting on makeup every day on our roads.”

 

Many people may not know that distracted driving can be a ticketable offense in Kansas. For example, any texting, social media or internet activity on your phone can lead to a minimum $60 ticket plus court costs. However, the worst result of distracted driving would be to cause an injury or death.

 

“We are facing an epidemic. Too many people are injured or killed due to inattention on our roads. Distracted driving crashes are 100 percent preventable,” said KDOT Secretary Julie Lorenz. “Protecting yourself, your passengers and other Kansans is as simple as putting the phone down and avoiding all other distractions in the car.”

 

Law enforcement officers also encourage Kansans to “just drive” when they are behind the wheel. If your attention is anywhere other than the road, you’re driving distracted, and you’re driving dangerous. Drivers can minimize distractions by turning off electronic devices and keeping both eyes on the road ahead at all times. They also encourage passengers to hold their driver accountable and to not be a distraction themselves.

 

KDOT Secretary Lorenz confirmed by Senate

 

 

Julie Lorenz was confirmed by the Senate today as Secretary of the Kansas Department of Transportation (KDOT).  Lorenz was appointed by Gov. Laura Kelly in January 2019. In her capacity as Secretary of KDOT, Lorenz also serves as the Director of the Kansas Turnpike Authority.

 

“Secretary Lorenz is an expert in the area of transportation and understands just how critical it is to the future of our economy and our state,” Gov. Kelly said. “She has been a state and national leader in transportation for two decades and Kansas is lucky to have her leading KDOT.”

 

“I am honored to serve as the Secretary of Transportation,” Lorenz said. “I look forward to working collaboratively with communities and constituencies across our state to develop a supportable vision for transportation, complete T-WORKS and craft the next transportation plan for long-term, sustainable success for all Kansans.”

 

This is Lorenz’s second tour of duty for KDOT, serving as the Director of Public Affairs and Special Assistant from 2003 to 2011. During that time, she led the development of several efforts at the agency, including the development and eventual legislative passage of the $8.2 billion, 10-year T-WORKS funding program in spring 2010.

Fiscal responsibility critical to rebuilding Kansas

Fiscal responsibility critical to rebuilding Kansas

The following column is by Governor Laura Kelly:

Just two short years ago, the State of Kansas found itself on the brink of financial disaster. Even after depleting state savings and enduring multiple rounds of devastating budget cuts, unsustainable tax policy continued to perpetuate fiscal crisis. We saw schools close and class sizes grow. We saw an overwhelmed child welfare system let children fall through the cracks. And despite promises of immediate prosperity, Kansas routinely ranked among the nation’s worst in multiple economic indicators.

As the budget hole continued to grow, the legislature passed two sales tax increases, swept more than $2 billion from the state highway fund, delayed numerous payments to the state pension system, accumulated historic levels of debt, and raided every critical investment from early childhood education to public safety. But in the end, none of these short-term band aids could stem the bleeding caused by the reckless Brownback tax experiment. In November of 2016, Kansans called for change.

The very next year, the state hit “reset” in a historic act of bipartisanship with the passage of comprehensive tax reform. Our credit score improved within a week. The number of Kansans participating in the labor force increased for the first time since 2014.

We have only just started the rebuilding process. Our recovery is uncertain; our budget is fragile. The State of Kansas cannot afford to make a U-turn now.

Senate Bill 22 – another reckless tax plan – would absolutely dismantle all the progress we’ve made. It would throw our state once again into a self-inflicted budget crisis, diminishing all the investments we’ve worked so hard to rebuild and restore. It would put our future at risk once again in order to give significant tax breaks to entities who need them the least, while continuing to leave working families behind.

I share Kansas lawmakers’ desire to keep the state tax burden as low as possible and that will continue to be a priority. In January, I presented a structurally balanced budget that funded our schools and roads, reduced state debt, left Kansas with the largest ending balance in 20 years and did so all without a tax increase.

I was a math major. This is about basic math. My budget proposal left a healthy, fiscally responsible ending balance. If I had signed Senate Bill 22, the budget that just passed the Senate would fall to more than $600 million in the hole within two years.

That is unacceptable. That is irresponsible.

We must be patient, thoughtful, and prudent as we evaluate tax policy. And, when we move forward with sustainable, commonsense tax relief, we must ensure that it benefits the Kansans who need it the most. We will focus on reducing the sales tax on food and providing real tax relief to working families.

The people of Kansas elected me to rebuild our state. They elected me to bring fiscally conservative and responsible principles back to our government. And I refuse to endorse another round of fiscally reckless policies – similar to the Brownback tax experiment – that left our state in shambles and our families struggling.

I commit to you – the people of Kansas – that I will stabilize our state’s budget, invest in our shared priorities, and continue the recovery we have all fought so hard to begin. By following through on this commitment, our state has every reason to expect a bright and successful future.

Water Technology Farms Report Now Available

 

Data from the 2018 growing season on the KWO website

 

Technology and management tools keep evolving to help crop producers make every drop of water count on their fields. Water Technology Farms were developed four years ago as part of the Long-Term Vision for the Future of Water Supply in Kansas. They began as three-year pilot public-private partnerships to demonstrate the latest in crop irrigation technology and water conservation research on the field scale.

 

“I’m pleased to see the growing interest in Water Technology Farms across the state,” said Kansas Water Office Acting Director Earl Lewis. “We continue to see outcomes from these farms showing that water use reductions, coupled with irrigation technology adoption and water management improvements are leading to positive effects on the aquifer as well as the producer’s bottom line.”

 

Water Technology Farms have proven valuable in helping to expand the conversation and education of producers as well as decision makers on equipment and technology utilized in agricultural water conservation efforts.

 

“As one of the first three Tech Farms we have learned so much as far as water conservation production and how what we do affects the Ogallala Aquifer,” Dwane Roth, Garden City Company/Dwane Roth Farm near Holcomb, KS. “A fifth generation Kansan recently said to me that western Kansas is different compared to other parts of the world – our water problems are solvable! I now ask with what we know, do we become resilient? And in doing so have vibrant local communities or do we become just another page in the history books? I say we become resilient.”

 

The 2018 Growing Season Report shares information about each of the 10 farms including the crop or crops grown, technology utilized to manage water application, as well as harvest data and sponsors of each location.

 

“My goal as a first year Water Technology Farm was to increase the bushels per inch of irrigation we produced,” said Matt Long of Long Water Technology Farm near Marienthal, KS. “We really pushed our crop using different application technologies, soil moisture probes and a weather station to utilize our irrigation water efficiently which resulted in growing 34 bushels per inch of irrigation. As we start this spring with adequate profile moisture and more knowledge about the application technologies and soil probes, I am excited to see how much more progress we can achieve.”

 

It is anticipated up to five new farms will be added to the network in 2019, bringing the total number of Water Technology Farms up to 15 for the 2019 growing season.  Field days and other informational events in conjunction with the Water Technology Farm Program will take place later this summer. For more information and the complete 2018 Growing Season Report, visit www.kwo.ks.gov

 

The Water Technology Farms would not be possible without key public-private partnerships. More than 80 companies and organizations support this effort and sponsors for each farm are on the Water Tech Farm pages on the KWO website.

 

For more information visit: www.kwo.ks.gov or contact Armando Zarco, Water Resource Planner at (620) 276-2901.

Make a difference – adopt a highway

 

Make a difference in your community and help the environment at the same time – join the Adopt-A-Highway program in Kansas.

 

The goal of the program is to clean along the roadways throughout the state to increase safety for motorists and pedestrians as well as improve the beauty of Kansas. This helps to raise awareness on the negative effects of pollution and the positive aspects of a clean community.

 

Any non-profit group that does not discriminate upon the basis of race, religion or gender can join and there is no cost to the group. Members must be at least 11 years old and have adequate adult supervision. Groups have clean-ups three times a year and are recognized for their efforts with signs marking their sections of highway.

 

Adopt-A-Highway groups are gearing up for the annual Clean Up Kansas Campaign which takes place during the month of April. This event, as well as the program, is sponsored by the Kansas Department of Transportation. All Adopt-A-Highway groups are encouraged but not required to participate in the statewide event.

 

Groups clean their sections of roadway three times a year at their convenience. Most choose to schedule a clean-up time in the spring, summer and fall.

 

For more information, contact the KDOT office in your area (listed below). Ask for the Adopt-A-Highway coordinator in the KDOT office located closest to you.

 

Northeast Kansas

Topeka, (785) 296-2291

Kansas City Area –

Bonner Springs, (913) 942-3040

Olathe, (913) 764-0987

North Central Kansas

Salina, (785) 823-3754

Northwest Kansas

Norton, (785) 877-3315

Southeast Kansas

Chanute, (620) 902-6400

South Central Kansas

Hutchinson, (620) 663-3361

Southwest Kansas

Garden City, (620) 765-7074

 

Bourbon County Local News