Senator Hilderbrand’s Weekly Communication

March 15, 2019∙ Week Nine

HARD FACTS

·      In January, the unemployment rate increased to 3.4 percent from December’s 3.3 percent. In January 2018, unemployment was at 3.5 percent (Kansas Department of Labor).

·      The Kansas labor force expanded by 1,300 in January. The number of unemployed escalated by 930 (Topeka Capital-Journal).

·      The five-county Topeka and Wichita areas had an unemployment rate in January of 4.1 percent. In Johnson County and four nearby counties, unemployment was at 3.7 percent. The Douglas County and Riley County reports showed an unemployment rate of 3.6 percent (Topeka Capital-Journal).

We had the honor of recognizing the Kansas American Legionnaires at the State Capitol. Thank you Legionnaires Carl and Myra Jowers representing Fort Scott Thompson-Harkey Post 25, for making the trip to Topeka!

Many of us have “learn a new language” on our to-do list. With Mango Languages, you can learn right from your own computer (or smartphone!). This online language learning service https://kslib.info/Mango provided by the State Library is easy to use. Choose from 71 languages such as Spanish, French, Mandarin, Japanese- even Swahili. Mango uses real life situations and conversations to more effectively teach a new language. Mango also includes 19 English as a second language options. Use as a Guest or register to track your progress (and for smartphone use).

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: kslc@ks.gov or 785-296-3296. To see all the State Library’s online resources, visit https://kslib.info/databases.

Congratulations to ArtForms Gallery in Pittsburg for winning the 2019 SBDC PSU Emerging Business award!

Thank you Sue Horner, Janet Lewis, Ruth Miller, and Sylvia Shirley for taking the time to visit with me after the ceremony!

FLOOR ACTION

CEMETERY DISTRICT TERRITORY VALLEY CENTER (SB 155): Senate Bill 155 would de-annex all of Valley Center territory within the Hillside Cemetery District, located in Sedgwick and Harvey counties, from the cemetery district, effective June 30, 2020. After July 1, 2020, any territory annexed by the City of Valley Center located within the Hillside Cemetery District would be excluded from the cemetery district upon annexation. This bill was passed and placed on the Consent Calendar 38-0.

SALE OF PROPERTY IN DOUGLAS COUNTY (SB 173): Senate Bill 173 would authorize the State Board of Regents to sell the Old father Studios in Douglas County on behalf of the University of Kansas. The proceeds from the sale deposited to the restricted use account of the University of Kansas to be used for deferred maintenance. The bill would require the deeds, titles, and conveyances be reviewed and approved by the attorney general. This bill was passed and placed on the Consent Calendar 38-0.

STATE USE LAW EXTENTION (HB 2174): House Bill 2174 extends the sunset date for the State Use Law Committee which is organized within the Department of Administration, from July 1, 2019 to July 1, 2024. This bill was passed and placed on the Consent Calendar 38-0.

TEMPORARY PERMITS FOR THE SELLING AND SERVING OF ALCOHOLIC LIQUOR (SB 70): Senate Bill 70 modifies and consolidates laws concerning temporary permits to serve liquor for consumption on premises. The bill would codify several Kansas Alcoholic Beverage Control Division rules and regulations into statute. The bill would repeal KSA 2018 Supp. 41-347 and KSA2018 Supp. 41-2645 but would retain most of the provisions of these statutes in new law. This bill passed the Senate 38-0.

CONSTITUTIONAL AMENDMENT DELETING REQUIREMENT FOR ADJUSTMENT OF CENSUS DATA (SCR 1605): Senate Concurrent Resolution1605 removes the census adjustment requirement in the Kansas Constitution for military personnel and students. Currently, the state is required to contact every college student and member of the military who resides in Kansas to determine official residence. The census adjustment will ask ‘what is your permanent residence’, then adjusts the official census numbers accordingly based on that answer. This adjustment is only used for reapportionment of Kansas Senate districts, Kansas House of Representatives districts, and State Board of Education districts. During the 2010 adjustment, approximately 13,000 individuals were subtracted from U.S. Census bureau numbers because they told the State of Kansas, they considered themselves to be a resident of another state.

If SCR1605 does not pass, the Secretary of State’s office anticipates needing $834,000 in state general funds to cover the costs of the adjustment as part of the 2020 Census. In addition to state savings, SCR1605 has the benefit of allowing for expedited redistricting. On average, it takes three to six months after official U.S. Census data is provided to Kansas to complete the adjustment and provide redistricting data to the Kansas Legislature. Historically, Kansas has been among the last states to complete its reapportionment requirements and SCR 1605 provides the Legislature with additional time to complete redistricting. This resolution passed the Senate 40-0.

EMERGENCY MEDICAL SERVICES-RELATED STATUTES (SB 99): Senate Bill 99 creates the designation of inactive certificate, authorizing the Board to issue an inactive certificate to persons currently certified by the Board who make a written application on a Board form and pay the corresponding fee. Such inactive certificates could only be issued to persons who are not directly providing emergency medical services (EMS) in the state and are not presenting themselves to the public as providing EMS. A holder of an inactive certificate would not be allowed to engage in the practice of EMS. Inactive certificate holders could apply for an active certificate by filing a written application on a form prepared by the Board and by paying the corresponding fee. The Board would have the authority to require additional testing, training, or education as deemed necessary to establish the inactive certificate holder’s ability to engage in the provision of EMS with reasonable skill and safety. This bill passed the Senate 36-2(I voted against this bill. I had some concerns with the state mandating fingerprinting, and then making the EMS personnel pay for it.).

This week I had the opportunity to introduce Dr. Jim Triplett, Erin Kruse, Charlie Beetch, and Cecily Stephens in the Senate. They were in the Capitol representing PSU’s Sustainability program. PSU is the only University in the Kansas regents system that offers this 4-year baccalaureate degree.

HOUSE PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, HUMAN TRAFFICKING OR STALKING (SB 150): Senate Bill 150 creates law prohibiting certain actions from being taken against a tenant, lessee, or applicant for a lease because such person has been or is in imminent danger of becoming a victim of domestic violence, sexual assault, human trafficking, or stalking. A tenant or lessee could not be evicted from the premises or found to be in violation of a rental or lease agreement based on or as a direct result of the circumstances, if the tenant or lessee otherwise qualifies for tenancy or occupancy. A tenant or lessee would not be liable for rent for the period after vacating rented or leased premises if the tenant or lessee is in the circumstances and notifies the landlord or property owner in accordance with provisions set forth in the bill. In an action brought against a tenant or lessee under Kansas law seeking recovery of rent, the tenant or lessee would have an affirmative defense and no liability for rent for the period after vacating the premises if, by preponderance of the evidence, the court finds the tenant or lessee was in the circumstances described above and provided the required notice.

An applicant, tenant, or lessee would qualify for the protections of the bill if the applicant, tenant, or lessee provides a statement regarding the circumstances to the landlord or property owner, who could also request the applicant, tenant, or lessee provide additional documentation specified by the bill. Such documentation could include a document signed by the victim and any one of various specified professionals or providers from whom the victim sought assistance, declaring under penalty of perjury the individual believes the qualifying circumstances exist, or a record pertaining to the alleged qualifying circumstances from a court or federal, state, or local law enforcement agency, including a police report. The submission of false information by an applicant, tenant, or lessee would be a basis for denial of tenancy, eviction, or violation of a rental or lease agreement. A landlord or property owner could impose a reasonable termination fee, not to exceed one month’s rent, on a tenant or lessee requesting termination pursuant to the bill before the expiration date of the lease, but only if such fee is contained in the terms of the rental or lease agreement. This bill passed the Senate 40-0(I was a co-sponsor of this bill).

AUTHORIZING A STUDY OF RETAIL RATES OF KANSAS ELECRIC RATES (Sub SB 69): Substitute for Senate Bill 69 authorizes an independent $1 million study of retail rates charged by public utilities. The bill requires the Legislative Coordinating Council (LCC), a bipartisan group of House and Senate leaders, to select a firm or organization to perform the study which is scheduled to be completed in 2020. The Kansas Corporation Commission (KCC), the state’s utility regulator, would have to cooperate with the organization hired to conduct the study. Sub SB 69 requires the study to be paid for by utility companies.

This legislation was created in response to Kansas having some of the highest utility rates in the region and is intended to provide information to the Legislature in order to protect ratepayers.

The initial phase of the study will examine whether the current rate-setting process influenced utility capital investments, balanced utility profits and public-interest objectives, expenditures in transmission and renewable energy resources, and examine the regional competitiveness of Kansas’ rates.

The second phase will explore how electric public utilities accounted for installation of charging stations for electric vehicles, how investment in transmission infrastructure influenced utility rates and the impact of electric rates on economic development. This bill passed the Senate 38-1(I voted in favor of this bill).

$90 MILLION SCHOOL FUNDING INFLATION PLAN (SB 142): Senate Bill 142 appropriates funds to the K-12 base aid for FY 2020 and FY 2021. The legislation supplements the state’s $525 million, five-year investment that passed last year, with a series of additional $90 million bonuses during the next four years. SB 142 was crafted to comply with the Kansas Supreme Court’s instructions to add an inflation adjustment. This bill passed the Senate 32-8(I voted in favor of this bill).

ALLOWING KANSANS TO BENEFIT FROM FEDERAL TAX REFORM (SB 22): Senate Bill 22 was originally introduced in response to the Tax Cuts & Jobs Act of 2017 and the revenue windfall Kansas is expected to receive because of federal tax reform. SB 22 addresses both individual and corporate taxes by decoupling state law from federal tax provisions. The bill will provide individuals with the ability to itemize when using the federal standard deduction on their tax return. SB 22 provides Kansans with the right to deduct interest on their mortgage, property taxes, and health care expenses. The bill also provides incentives for businesses to invest and create jobs in Kansas since it places Kansas on par with surrounding states that have already decoupled from federal law, increasing Kansas’ competitiveness.

If Senate Bill 22 does not get signed into law, businesses are expected to get hit with $137 million in state income taxes and individual taxpayers would pay an extra $50 million to the state.

After SB 22 passed the Senate on a vote of 26-14, it was then sent to the House of Representatives where two amendments were added before it passed the House on a vote of 76-43.

One amendment added by the House provided a one percentage point reduction in the state’s 6.5 percent sales tax on food. The food sales tax reduction is expected to provide a $43 million reduction in sales tax, beginning October 1^st. The second amendment was an internet sales tax amendment that requires out-of-state vendors to pay sales tax. Online sales tax is expected to generate about $21 million annually. The Senate voted 24-16 to concur with House amendments(I voted in favor of this bill. I did not like the internet sales tax piece that the House put on this bill, and the fact we were not given a chance to remove it).