April 9, 2021

 

Protecting Elections

Every vote is important.  “Voting is the most precious right of every citizen, and we have a moral obligation to ensure the integrity of our voting process.” Hilary Clinton.  So why are so many Democrats in Kansas trying to block legislation to protect our elections? Even worse, the U.S. House passed legislation that will destroy the integrity of our state elections (H.R.1, For the People Act of 2021).  Hopefully, HR-1 dies in the U.S. Senate.  The Kansas legislature passed HCR 5015 rejecting H.R.1 and S.1 (the senate version of H.R.1).

 

Kansas didn’t have the problems that other states had in the November 2020 elections but there is room for improvement.  Elections are too important and we need 100% accuracy.  The legislature passed Conference Committee Report (CCR) 2183 and CCR 2332.

 

CCR 2183 will limit ballot harvesting, make it unlawful to alter postmarks on mailed ballots, and require signature verification on mailed ballots.  It would also make it a crime to act like or try to appear to be a county clerk or Secretary Of State (SOS).  In November 2020, there were advance ballot applications and websites that appeared to be official.  They were not and just confused voters.  The bill would also require the SOS to post registered voter data and stop county clerks from accepting money from 3^rd parties for elections – an example would be the Zuckerberg money that some clerks applied for and received in Kansas.  The CCR passed the Senate 27 to 11.

 

The legislature also passed CCR 2332 that would require residential and mailing addresses to be maintained and strengthen requirements for advance ballot applications, including signature verification.  The CCR passed 27 to 11.

 

I was able to strengthen election legislation with amendments through the chairman in committee and on the senate floor.  Some Senators argued these CCRs and the HCR promote voter suppression and that they are not needed.  That is not even true.  They help protect the integrity of our elections.  To paraphrase a friend, “What voter integrity checks would they ever support?  When will they opine that banks don’t need safeguards since bank robbery is so rare?”

 

Hopefully, the Governor will not veto these important bills.

 

Women’s Sports

CCR 55, the Fairness in Women’s Sports Act, would stop anyone who is not a biological female from participating in sports designated for females, women, or girls.  The CCR passed the House and Senate.  I was one of 26 who voted yes in the Senate.  There were 11 no votes.  We’ll see what the Governor does with the bill.

 

Legislature Break

While the legislature is on break for the next few weeks, I will continue to update you on topics covered during session.  All of the legislation is posted online at www.kslegislature.org.

 

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

Caryn

Governor Laura Kelly Signs Several Pieces of Bipartisan Legislation

TOPEKA – Governor Laura Kelly today signed several bipartisan bills that will implement meaningful changes for Kansans, communities, and businesses.

“I want to thank the Legislature for their work to get these pieces of bipartisan, commonsense legislation to my desk,” Governor Kelly said. “These bills are a testament to what we can get done for Kansans when we work together, toward mutually-agreeable solutions, to make life better for the people in our state.”

Senate Bill 52

Senate Bill 52 establishes the Sedgwick County Urban Area Nuisance Abatement Act. It authorizes the Board of County Commissioners to order the removal or abatement of any nuisance from any property in the unincorporated area of Sedgwick County. All costs associated with the abatement are the responsibility of the property owner.

Before the abatement process could begin, the bill requires the County to first obtain a conviction for a county code violation regarding the nuisance no more than 12 months before the issuance of the abatement order.

Senate Bill 172

Senate Bill 172 amends the Kansas Criminal Code regarding crimes involving property by eliminating the crime of tampering with a pipeline and establishing four new crimes: trespassing on a critical infrastructure facility (CIF), aggravated trespassing on a CIF, criminal damage to a CIF, and aggravated criminal damage to a CIF. The bill also allows a judge to order restitution for property damage to any victim of the four new crimes.

House Bill 2022

HB 2022 amend laws concerning the filing of complaints and investigations pertaining to abandoned wells, responsible parties for plugging abandoned wells, and funds used by the Kansas Corporation Commission (KCC) for plugging abandoned wells.

House Bill 2050

House Bill 2050 amends statutes to remove requirements that the following reports and certifications be provided to the Legislative Division of Post Audit (LPA), the Post Auditor, or the Legislative Post Audit Committee:

• An audited statement of actual expenditures incurred by a Kansas nonprofit corporation providing legal services to indigent inmates of Kansas correctional institutions;
• A certified summary of the write-off of any accounts receivable or taxes receivable by the Director of Account and Reports;
• An annual audit of corporations who contract with the Board of Regents (Board) or any state educational institution and are substantially controlled by the Board or such institution; and
• An annual report by the Secretary of Revenue regarding tax abatements that reduce final tax liability by $5,000 or more.

Additionally, the bill makes technical amendments to ensure consistency in statutory phrasing and remove an outdated retroactivity provision.

House Bill 2070

HB 2070 allows private, not-for-profit postsecondary educational institutions in Kansas to collect a surcharge on credit card payments. The Kansas Uniform Consumer Credit Code bars sellers from collecting a surcharge on credit card payments, with certain exceptions that currently include Kansas public institutions, municipal universities, community colleges, technical colleges, and vocational schools.

Senate Substitute for House Bill 2072

Senate Sub. for House Bill 2072 creates the Utility Financing and Securitization Act (UFSA), which allows for the securitization of utility assets to recover energy transition costs for electric public utilities whose retail rates are subject to the Kansas Corporation Commission (KCC).

The UFSA also allows electric and natural gas public utilities whose retail rates are subject to the KCC to pursue securitization to help finance qualified extraordinary expenses, such as fuel costs incurred during extreme weather events.

House Bill 2112

House Bill 2112 permits online advertisement and sales of abandoned property by self-storage rental unit operators; provides for the designation by occupants of an alternate contact; and limits claims for loss or damage of stored property to the property value limit provided in the rental agreement.

House Bill 2126

House Bill 2126 provides immunity from civil liability for COVID-19 claims for certain covered facilities, including adult care homes, community mental health centers, crisis intervention centers, community service providers and community developmental disability organizations.

House Bill 2145

House Bill 2145 exempts the retail sale of electricity by public utilities for electric vehicle charging stations from the jurisdiction of the state corporation commission.

House Bill 2155

House Bill 2155 provides for the Kansas Department of Health and Environment response operations for water and soil pollutant release, discharge, or escape.

House Bill 2162

House Bill 2162 amends and repeals reapportionment census data laws to conform with 2019 amendments to the Kansas constitution and to remove certain obsolete provisions.

House Bill 2214

House Bill 2214 authorizes the Secretary of Administration on behalf of the Department of Corrections to convey land in Mitchell county to the city of Beloit.

House Bill 2298

House Bill 2298 changes requirements for service of process on nonresident drivers and clarifying service of process on certain business entities.

House Bill 2367

House Bill 2367 authorizes the state corporation commission to regulate certain transmission line wire stringing activities.

 

The Kansas Department of Transportation (KDOT) has begun a project to replace a bridge on K-39 in Bourbon County. The bridge spans Pawnee Creek and is located approximately 7½ miles east of the east K-3/K-39 junction.

 

K-39 will be closed to through traffic at the bridge starting Wednesday, April 14. A new signed state detour route will be in effect around the project. Eastbound traffic, from the west K-39/U.S. 59 junction, will travel south on U.S. 59 to K-47, east on K-47 to U.S. 69, and north on U.S. 69 to K-39. Westbound K-39 traffic should follow the same route in the opposite direction.

 

KDOT awarded the $1.4 million construction contract to B&B Bridge Company, Inc., of St. Paul. Weather permitting, the project should be completed by November 2021. Persons with questions may contact Iola Area Engineer Troy Howard, (620) 901-6557, or Public Affairs Manager Priscilla Petersen, (620) 902-6433.

 

 

 

TOPEKA – Today the Kansas Corporation Commission (KCC) ruled on two petitions for reconsideration related to a February order directing Evergy to put its residential distributed generation (DG) customers back on a two-part standard rate design eliminating a controversial demand charge.

In a two-part petition for reconsideration, Vote Solar, Climate & Energy Project, and the Sierra Club requested the Commission reconsider its earlier decision of not requiring Evergy to refund customers for charges collected under the previous three-part rate. Upon further review, the Commission determined refunds are appropriate and granted the request today.

Secondly, solar advocates sought reconsideration of the Commission’s decision to maintain the separate residential DG classification, stating it would deny DG customers an opportunity to participate in alternative rate offerings.  In response, Evergy agreed to make optional rates, minus the Time of Use pilot, available to DG customers. The Commission found that was an acceptable solution.

A group of Electric Companies (Evergy, Southern Pioneer, Liberty-Empire and the KEC Group) filed their own petition for reconsideration seeking clarification of the previous order. The group asked if they could propose rates to cover the costs of different or additional services provided to DG customers. The Commission clarified that the order does not prevent a utility from identifying other distinct services received by residential DG customers that may justify an added charge to offset any subsidy received by DG customers in a non-discriminatory way.

Today’s order can be viewed at http://estar.kcc.ks.gov/estar/ViewFile.aspx?Id=3fa461ee-5481-4195-8d8c-9a3ff6b37881 .

A recording of today’s Commission Meeting can be viewed on the agency’s YouTube Channel:  https://www.youtube.com/watch?v=10bSVa8nZ48&list=UU-uTcucl0oyHJr-_iOheuuw&index=1

 

Governor Laura Kelly Announces Next Steps for Unemployment Insurance Technology Modernization

~ KDOL requests proposals for new system ~

TOPEKA – Today, Governor Laura Kelly announced a major step forward in the effort to modernize the state’s Unemployment Insurance (UI) system at the Kansas Department of Labor (KDOL). The agency issued its request for proposal (RFP) for modernizing the over 40-year-old computer system.

“When I learned that the previous Administration abandoned efforts to modernize the state’s unemployment computer system in 2011, I immediately tasked the agency with reviving its modernization plans,” said Governor Laura Kelly. “Unfortunately, the pandemic hit, and the antiquated technology was unable to keep up with the record volume of claims. Today, we are taking a major step in fixing our broken system. We will finish what other Administrations’ failed to do.”

Prior to the pandemic, at Governor Kelly’s direction, KDOL staff traveled to states that had modernized their unemployment systems to learn from them how Kansas could build a system that would more efficiently serve claimants and businesses. In the past year, the agency has dedicated a specialized team to complete and expedite the modernization plan, incorporating the findings and best practices from these states.

“The RFP process is the next major step in our effort to modernize,” said Secretary Amber Shultz. “We plan to expedite this process as much as possible, while taking care to engage the business community, workers, and legislators. Over the past year, we have been able to stabilize our underlying systems which were not equipped to handle the volume of pandemic-related claims or the complexity of the new federal programs. The stabilization efforts worked and will help to speed modernization implementation once a vendor is selected,” said Shultz.

When Governor Kelly took office in 2019, one of her top priorities for the Department of Labor was to modernize the agency’s archaic mainframe UI IT system. However, when the state faced record-high unemployment due to the COVID-19 pandemic, the agency was forced to temporarily suspend its modernization efforts in order to focus on stabilizing the decades old system.

Today, the system has largely been stabilized and is paying out legitimate claimants in the traditional state unemployment program and new federal benefit programs. Since March 15, 2020, KDOL has paid out over 4.2 million weekly claims totaling over $2.8 billion between regular unemployment and the federal pandemic programs.

The Kansas Legislature is considering Governor Kelly’s $37.5 million budget request to replace KDOL’s aging system.

“We are on target to modernize this antiquated system,” said Governor Kelly. “While we navigate the procurement process, we also need the legislature to fund this critical upgrade. It will not be cheap—fixing a system that has been neglected for 40-plus years never is—but failing to act is not an option. I will continue working with the legislature to get this critical project done. We owe it to the people of Kansas.”

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Kansas Department of Revenue Announces a Web-Based Written Driver’s License Exam Option

TOPEKA – On Thursday, April 1, 2021, the Kansas Department of Revenue’s Division of Vehicles launched KnowTo Drive Online, a web-based version of its driver’s testing exam, powered by Intellectual Technology, Inc. (ITI). The introduction of this testing service adds to the Department’s expanding online services it provides. With KnowTo Drive Online, Kansans have the opportunity to take their written test from the comfort of their home.

“The availability of an online written test has been on our list of customer service enhancements and we are happy to finally announce its arrival,” David Harper, Director of the Division of Vehicles, said. “This testing portal, coupled with our other online services, should greatly decrease the number of customers in the office and considerably reduce the duration of customer visits.”

Kansas is the newest state to offer testing through KnowTo Drive Online. ITI also hosts self-service kiosks in 13 states, which help motor vehicle agencies extend services to grocery stores and other places of convenience.

The KnowTo Drive Online testing portal is available 24/7 on the Division of Vehicles’ website at http://ksrevenue.org/vehicles. Fees are $10 for the first test and $8.50 for any re-test.

If preferred, the Kansas Driver’s License written version of the test will still be available to be taken in the office.

Governor Laura Kelly Signs Bill Requiring In-Person Learning Option, Other Legislation

~Governor Kelly signs school bill after all Kansas schools already offer in-person attendance options~

TOPEKA – Serving as a testament to her administration’s efforts to get Kansans back to school, back to work, and back to normal, Governor Laura Kelly signed SB63, and all unified school districts in Kansas will now provide a full-time, in-person attendance option for all students enrolled in kindergarten through grade 12.

“Since the pandemic began, my administration has prioritized keeping Kansans healthy, keeping businesses open, and getting kids back into classrooms,” Governor Kelly said. “Among other efforts, we earmarked vaccines specifically for school staff – and all teachers and staff members who wanted a vaccine have now received at least their first dose.

“As we maintain quick and efficient vaccine distribution, COVID-19 case numbers in Kansas continue to drop – and our schools have taken steps to safely and responsibly re-introduce in-person learning. Currently, every school in Kansas is already offering an in-person attendance option for students.”

View Senate Bill 63 here.

Governor Kelly also signed the following bills into law:

Senate Bill 37

Senate Bill 37 amends provisions governing agent licensing and renewal licensure requirements in the Uniform Agents Licensing Act and in the Public Adjusters Licensing Act, and also amends a statute governing the examination of applicants for agent licensure.

The bill also provides for an exemption and extension in complying with the continuing education requirements of licensed insurance agents serving on active duty in the National Guard or armed services of the United States for a specified period of time. SB 37 further requires certification by pre-need-only insurance agents that no other insurance business was transacted.

Senate Bill 99

Senate Bill 99 amends law regarding vehicle dealer license requirements and vehicle display shows. Specifically, the bill authorizes the Director of Vehicles, the Kansas Department of Revenue, to issue a temporary display show license to a sponsor of a motor vehicle display show.

House Bill 2014

House Bill 2014 defines “military surplus vehicle” in the Uniform Act Regulating Traffic on Highways and in law regarding vehicle registration. It also authorizes the owner of a military surplus vehicle to register it with an annual fee.  

House Bill 2172

House Bill 2172 amends the Kansas Water Appropriation Act by expanding the opportunity for the establishment of multi-year flex accounts for groundwater water rights to water right holders who did not have water use between 2000 and 2009.  

House Bill 2270

House Bill 2270 places a limit of $100,000 on deposits into the State General fund each fiscal year from moneys from a levy placed on each fire insurance company doing business in Kansas for the purpose of maintaining the Office of State Fire Marshal.

 

April 2, 2021

 

Property Tax Transparency – GOOD NEWS FOR PROPERTY TAXPAYERS

Senate Bill 13, stopping automatic property tax increases that result from higher valuations, was signed into law.  Local property taxing authorities will have to provide notice of any proposed monetary increase and vote to go forward with the increase only after hearing public comments at an announced meeting.  The new law has initial payments for the required notices and software changes, removing any excuse to raise taxes because of an unfunded mandate.  It will also allow for normal maintenance on your property without increasing valuations, remove the property tax lid that was not working because of all of the exemptions, and allow county treasurers the option to setup property tax payment plans.  It will not stop property tax increases; however, it will allow taxpayers and taxing authorities an opportunity to be heard before increases occur.

 

I worked diligently for a couple of years on this legislation and other bills to help improve the property tax system.  I had meetings in locations away from Topeka where myself and other legislators heard the concerns of property tax paying Kansans from around the State.  Senate Bill 13 is the results of those concerns.   It’s a victory for Kansas.

 

Closing Power Plants

Talk about a trojan horse – Senate Substitute for House Bill (S Sub HB) 2072 is definitely one.  On the surface the bill looks like it helps utility customers, however, it will eventually result in much higher utility bills and puts us on a path for a similar disaster that occurred in Texas.  There were two parts to the bill.  First, it allows some natural gas companies to bond the expenses for the extremely high rates during the record-freeze earlier this year and pass the expenses on to customers.  Second, it allows utility companies to bond and pass on the expenses of closing plants to retail customers, including closing nuclear or coal plants.  Think about it, the current debt and expenses to close the plant will be paid by customers “to the benefit of the bondholders, any assignee, and any other financing parties” until they are paid in full.  It literally says that in the bill.  It is a trojan horse that looks good but guarantees higher utility bills long-term.

 

I did what I could to block it.  What is even more disappointing, the Chairman of the committee put the language in a house bill and the House concurred on the changes.  The bill passed the Senate 33 to 7.  I voted no.

 

Say No To A Veto of SB 50

The Governor is considering a veto of SB 50.  Members of her tax study group are putting out messages saying if the bill becomes law Kansas would have to pay back federal money because of Biden’s version of the Cares Act.  Twenty-one state Attorney Generals (AG) signed a letter challenging this federal overreach, including our KS AG.  Most of the items in SB 50 have been voted on several times since 2018, predating Biden’s legislation.  SB 50’s major components are: it addresses state income tax increases that resulted from the 2017 federal tax cuts, it increases the state standard deduction by $500, it provides language for collection of online sales tax (which is already the law), it stops any income tax obligation that results from stolen identity, it lines up the Kansas income tax filing deadline with federal dates while extending corporate filings by 30 days.

 

Too Many Bills

Over 40 pieces of legislation were worked on the Senate floor last week – too many to cover in this update.  All of the legislation is posted online at www.kslegislature.org.

 

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

Caryn

Governor Laura Kelly Signs Three Bills into Law

TOPEKA – Governor Laura Kelly has signed the following three bills into law:

Senate Bill 118

Senate Bill 118 would establish a procedure by which a city or county may assume the powers, responsibilities, and duties of a special district within the city’s corporate boundary or the county’s boundaries.

Senate Bill 64

Senate Bill 64, as amended, would amend the Kansas Private and Out-of-State Postsecondary Education Institution Act (Act) to clarify the State Board of Regents’ (Board) authority over private and out-of-state institutions.

House Bill 2063

HB 2063, as amended, would revise the benefits for members of the Kansas Police and Firemen’s Retirement System (KP&F) who are Tier II members, meaning those
employees hired since July 1, 1989, who are disabled and ultimately die due to a “service-connected” condition, as that term is defined by law. The bill would apply to deaths that occurred on and after January 1, 2017, and would designate these amendments to law as the Michael Wells Memorial Act.