Senator Hilderbrand’s Weekly Newsletter March 6

State senatorRichard Hilderbrand13^th district

Communications From The State Capitol

March 6, 2020 ∙ Week Eight

HARD FACTS

The Budget

·      The Governor’s budget sets a new record of spending from the state general fund at $7.8 billion. That’s an $800 million increase from 2019.

·      KPERS executive director Alan Conroy estimated the Governor’s proposal to re-amortize the employee pension plan would cost more than $4.4 billion in additional contributions over the next 25 years.

·      Although Governor Kelly promotes “Closing the Bank of KDOT,” sweeps from 2019 &2020, total $838 million. http://www.kslegresearch.org/KLRD-web/Publications/Transportation/SHF_xfersFY2011-FY2020Apprvd2019and2020.pdf

·      Governor Kelly’s proposed budget calls for a tax on “all sales of digital property,” which starting in July of 2020, would cost taxpayers an estimated $26.7 million in state taxes.

Kansas Talking Books Week is March 1-7

The Kansas Talking Books program, a division of the State Library of Kansas, provides library materials in a specialized format to any Kansas resident with a visual or physical impairment that makes reading difficult. This no-charge service includes fiction and nonfiction in braille or audio format, magazines in braille or audio, plus descriptive videos. A simple application is available at https://kslib.info/talking-books. A signature from a certifying authority such as a medical doctor, optometrist, or librarian is needed. If you or someone you know would like information, please visit the Kansas Talking Books website https://kslib.info/talking-books or call 620-341-6280 or 1-800-362-0699.

FLOOR ACTION

March 5, 2020

The following bills all received unanimous support and were passed Yea: 40 Nay: 0

SB 255 continues a 2007 commitment by the legislature to provide $5 million per year in support to The University of Kansas for obtaining the National Cancer Institute’s (NCI) Clinical Cancer Center Designation. This funding has served as a critical resource for The University of Kansas Cancer Center.

An NCI-Designated Cancer Center must demonstrate scientific leadership, resources, and capabilities in laboratory, clinical, or population science. It must also demonstrate reasonable depth and breadth of research in each of three major areas: laboratory, clinical, and population-based research. The University of Kansas Cancer Center met these rigorous standards and was awarded an NCI Clinical Cancer Center designation in 2012.

The bill asks the legislature to appropriate an additional $5M annually to the KU Cancer Center. This additional money will be used for KU Cancer Center to achieve the most prestigious designation known as the Comprehensive Cancer Center Designation. The KU Cancer Center will apply for Comprehensive Designation in 2021.

Comprehensive Cancer Center Designation is only awarded to cancer centers which are recognized for their trailblazing research and leadership in developing cutting-edge treatments. For KU Cancer Center, becoming one of only 51 centers in the U.S. with this comprehensive designation means access to more research dollars, attracting internationally renowned researchers and physician-scientists. This appropriation and designation will continue the urgent journey to break the devastating grip of cancer.

SB 140 establishes income tax and privilege tax credits for contributions to the Eisenhower foundation. Senate Bill 140 would allow a taxpayer, Corporation, or Financial Institution to receive a new tax credit for 50.0 percent of certain contributions made to the Eisenhower Foundation for tax years 2019-2023. Individual income taxpayers would only be allowed to claim up to $25,000 per tax year. Corporations and Financial Institutions would be able to claim $50,000 per tax year on income or privilege tax. The total amount of credits claimed in any fiscal year would be limited to $350,000

The following bill was passed Yea: 35 Nay: 5

SB 409 makes permanent the quality care assessment imposed on skilled nursing care facilities. This is a technical bill to push back the sunset (expiration) of the Nursing Quality Care Assessment from July 1, 2020 to July 1, 2030. (I voted no on this bill. This bill allows a bed tax for nursing home patients.)

The following bill was passed Yea: 31 Nay: 9

SB 225 amends the hospital provider assessment rate and uses and membership of the healthcare access improvement panel.(I voted no on this bill. This bill increases the tax for all inpatient hospital procedures from 1.83% to 3.0%, and adds a 3.0% tax for all outpatient hospital procedures.)

The Appointment of David Weishaar, Kansas Adjutant General, was confirmed Yea: 40 Nay: 0

The Senate Committee on Federal and State Affairs heard the nomination of David Weishaar on February 20. He succeeds Major General Lee Tafanelli, who has served as Adjutant General since January 28, 2011 and who retires March 31, 2020.  In Kansas, the adjutant general is the top military advisor to the governor, leads the state’s 7,100-person Army and Air Guard operations and directs the state’s division of emergency management and homeland security.

ABOUT OUR NEW ADJUTANT GENERAL

Prior to his appointment, Brigadier General David Weishaar served as the Director of Joint Staff, Kansas National Guard, Chief of Staff- Air, Commander, Kansas Air National Guard and most recently became dual hatted as the Air National Guard Assistant to Commander, Air Force Sustainment Center, Air Force Materiel Command, Tinker AFB.

He initially entered the Air Force in January 1981 as an aircraft maintenance specialist. He separated from the active duty Air Force and joined the Kansas Air National Guard in 1985. He held various positions in the aircraft maintenance arena until his commissioning through the Academy of Military Science as a Distinguished Graduate in 1996. In the past 15 years in the Air Guard at McConnell Air Force Base, he commanded the 184th Intelligence Wing, 184th Mission Support Group, 299th Network Operations and Security Squadron, and the 127th Command and Control Squadron.

Brig. Gen. Weishaar’s awards and decorations include the Legion of Merit, Air Force Meritorious Service Medal with six oak leaf clusters, Air Force Commendation Medal with oak leaf cluster, Air Force Achievement Medal with three oak leaf clusters, Air Force Outstanding Unit Award with six oak leaf clusters, National Defense Service Medal with one device, Global War on Terrorism Service Medal, and Armed Forces Services Medal among many others.

THANK YOU, GENERAL TAFANELLI!

Before giving his final report on the activities and status of the Adjutant Generals Department, General Tafanelli said, “For the past nine years, I have had the great privilege and honor and solemn responsibility to serve as the Adjutant General, and for that I am forever grateful as it has been a distinct pleasure and the greatest honor to serve as Adjutant General.”

Later, when reflecting on his interactions with counterparts across the country, he shared that “I always return home thankful for the clear and enduring support that the Kansas Legislature shows our troops and our civilians while working hard to make sure that our families sleep safely at night.” He closed by expressing his full and complete support for the nomination of David Weishaar.

Prior to his appointment as adjutant general, Tafanelli assumed the position of assistant adjutant general – Army, Kansas Army National Guard, and commander of the Land Component for the Joint Force Headquarters-Kansas in 2010. Tafanelli joined the Kansas Army National Guard in 1980 and was commissioned as a second lieutenant in the Corps of Engineers through Pittsburg State University’s ROTC program in 1982.

Maj. Gen. Tafanellli’s awards and decorations include the Bronze Star Medal, Meritorious Service Medal with two bronze oak leaf clusters, Army Commendation Medal with two bronze oak leaf clusters, Army Achievement Medal with oak leaf cluster, National Defense Service Medal with bronze service star, Global War on Terrorism Medal, and Iraq Campaign Medal among many others.       Click here to listen to the committee audio.

YET ANOTHER KANSAS SUPREME COURT DECISION IS STRICKEN BY HIGH COURT

The United States Supreme Court has once again overturned a decision made by the Kansas Supreme Court. The case, Kansas v. Garcia, 17-834, centered around the issue of whether or not the state can prosecute illegal immigrants who use false identifying documents to secure employment.

In 2017 the state Supreme Court ruled the federal government is the sole authority allowed to prosecute such cases and threw out state convictions of three immigrants who had used false information on certain employment forms, like the I-9. However, this week the high court, in a 5-4 decision, ruled that nothing in federal immigration law prevents states from going after immigrants who use false documents and numbers.

In the U.S. Supreme Court’s decision, Justice Samuel Alito wrote “The mere fact that state laws like the Kansas provisions at issue overlap to some degree with federal criminal provisions does not even begin to make a case for” the state having to forgo prosecution.

More information can be found at https://apnews.com/8f345352b9e3d4aa8539b22c17be061f.

COMMITTEE UPDATES

SHOULD STUDENT-ATHLETES RECEIVE COMPENSATION?

On Wednesday, the Commerce Committee held a hearing on SB 474, which would allow student-athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation if 15 other states adopt similar legislation.

The practice goes against current NCAA rules, but about 30 states are addressing legislation to make it possible. Examples include student-athletes being paid to autograph memorabilia, accepting gifts or meals or even signing outright endorsement deals similar to what professional athletes receive.

Erinn Barcomb-Peterson, a spokeswoman for KU, said the Senate bill was a reaction to other states saying, “Senate Bill 474 does not intend to put Kansas universities in the forefront of this evolving policy matter, but rather simply seeks to ensure Kansas student-athletes aren’t disadvantaged relative to their peers in other states.”

“Recruiting is one of our biggest challenges for our student-athletes. We’re not the NBA, MLB or NFL where you get drafted. You choose where you go,” said K-State Athletics Director Gene Taylor.

Matt Lindsey of the Kansas Independent College Association testified neutral to the bill but requested, if the committee works the bill, he would like it to include a measure that would allow smaller institutions to opt-out if they don’t have the funding or resources to participate in the agreement.

SEDGWICK COUNTY CONSIDERS REORGANIZATION POSSIBILITIES

On Thursday, the Ethics, Elections and Local Government Committee held a hearing on SB 406, which would authorize the formation of a charter commission to study and propose possible reorganization to the Sedgwick County government. The bill essentially forms the commission and gives different Sedgwick county organizations and the Kansas House and Senate the authority to appoint its members.

SUNDAY MORNING BUZZ: FED AND STATE CONSIDERS EXTENDING SUNDAY LIQUOR SALES

SB 456, which was heard by the committee on Federal and State Affairs Thursday, would change the start time for liquor sales on Sunday morning from 12 noon to 9 a.m. No other changes to statute are made through this bill.

COMMITTEE LOOKS TO CRACK DOWN ON ASSAULT OF A CORRECTIONAL OFFICER

On Thursday, the Senate Judiciary Committee held a hearing on SB 413 which considers adding penalties for assault or battery of corrections officers at private, state-contracted prisons that would be equal to similar offenses against officers in state-run prisons. The costs of such a change are hard to determine due to the impossibility of estimating the number of new court cases that might follow.

CALENDAR

Monday, March 9

Ø Final action: SB 474 — Permitting student athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation when 15 other states adopt similar legislation. (8:30, Commerce, 548-S)

Ø Final Action: SB 375— Providing for the FORWARD transportation program. (10:30, Ways and Means, 548-S)

Ø Hearing: HB 2515 — Creating the Kansas promise scholarship program.(1:30, Education, 144-S)

Ø 2:30 p.m. session

Tuesday, March 10

Ø Hearing: HB 2451 — Amending Kansas department of agriculture division of animal health license, permit and registration renewal deadlines.(8:30, Agriculture and Natural Resources, 159-S)

Ø Hearing: HB 2462 — Updating provisions related to the Kansas department of agriculture division of conservation.(8:30, Agriculture and Natural Resources, 159-S)

Ø Possible final action: HB 2506 —Expanding the military spouse and servicemember’s expedited licensure law to certain other license, certificate or registration applicants. (8:30, Commerce, 548-S)

Ø Hearing: SCR 1601 — Constitutional amendment eliminating transfers from the state highway fund.(8:30, Transportation, 546-S)

Ø Hearing: SB 360 — Authorizing certain sales taxation authority for the Sherwood improvement district. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: HB 2118 — Providing income tax credits for aerospace and aviation program graduates and their employers. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: HB 2509— Vacating certain blocks in the original town plat set aside for a college and a park of the city of Americus and vesting fee simple title in the city.(9:30, Ethics, Elections and Local Government, 142-S)

Ø Hearing: HB 2510— Special districts may be dissolved and responsibilities assumed by a city.(9:30, Ethics, Elections and Local Government, 142-S)

Ø Hearing: HB 2583— Clarify the vacation of territory from city boundaries or release of easements. (9:30, Ethics, Elections and Local Government, 142-S)

Ø Hearing: HB 2479— Codifying the NAIC corporate governance model regulation into statute. (9:30, Financial Institutions and Insurance, 546-S)

Ø Hearing: SB 467 — Creating a statewide alert program for missing military members. (10:30, Federal and State Affairs, 144-S)

Ø Hearing: SB 468 — Providing the state fire marshal with law enforcement powers and requiring an investigation of deaths resulting from fire. (10:30, Federal and State Affairs, 144-S)

Ø Hearing: HB 2429— Adding a public defender to the Kansas criminal justice reform commission. (10:30, Judiciary, 346-S)

Ø Hearing: HB 2447— Changing how two-way electronic audio-visual communication is used in courts. (10:30, Judiciary, 346-S)

Ø Hearing: HB 2448— Changing penalties for crimes related to motor vehicles. (10:30, Judiciary, 346-S)

Ø Hearing: HB 2449— Changing the requirements for board of indigents’ defense services appointments. (10:30, Judiciary, 346-S)

Ø Hearing: SB 274— Eliminating KPERS working-after-retirement employer contribution requirement when first employing retirees aged 65 or older. (10:30, Ways and Means, 548-S)

Ø Hearing: HB 2346 — Relating to standards for school-administered vision screenings.(1:30, Education, 144-S)

Ø Hearing: HB 2487 — Including emotional disability rather than emotional disturbance in the definitions of “children with disabilities” and “individuals with disabilities.”(1:30, Education, 144-S)

Ø 2:30 p.m. session

Wednesday, March 11

Ø Hearing: SB 435 — Providing for the use of personal package delivery devices on sidewalks and crosswalks, exempting such devices from motor vehicle regulation and preempting additional municipal regulation. (8:30, Commerce, 548-S)

Ø Hearing: SB 459 — Creating the distracted driving violation and prohibiting the use of a wireless telecommunications device while operating a motor vehicle. (8:30, Transportation, 546-S)

Ø Hearing: SB 338 — Allow municipalities to adopt an alternate budget procedure. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: SB 414 — Exempting grocery stores from sales tax assessments for community improvement district. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: SB 457 — Requiring use of the soil survey version dated September 16, 2019, for mapping agricultural land for property tax purposes. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: SB 462 — Prohibiting disclosure by the secretary of revenue of certain sales and use tax information to taxing officials of other states. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: SB 454— Creating exemptions in the open records act for election security records and cyber security records. (9:30, Ethics, Elections and Local Government, 142-S)

Ø Hearing: SB 458— Increasing the compensation of members of the state banking board. (9:30, Financial Institutions and Insurance, 546-S)

Ø Hearing: SB 407— Requiring the Kansas department for aging and disability services to operate acute psychiatric inpatient beds for children in Hays and Garden City. (9:30, Public Health and Welfare, 118-N)

Ø Hearing: HB 2646— Allowing the attorney general to coordinate training for law enforcement agencies on missing and murdered indigenous people. (10:30, Federal and State Affairs, 144-S)

Ø Hearing: HB 2521— Enacting the revised uniform athlete agents act. (10:30, Judiciary, 346-S)

Ø Hearing: SB 368— Transferring $268,412,000 from the state general fund to the Kansas public employees retirement fund in FY 2020 and eliminating certain level-dollar KPERS employer contribution payments. (10:30, Ways and Means, 548-S)

Ø Hearing: HB 2503— Authorizing the transfer of $268,412,000 from the state general fund to the KPERS fund during fiscal year 2020 and eliminating certain level-dollar employer contribution payments. (10:30, Ways and Means, 548-S)

Ø Hearing: SB 418— Requiring the joint committee on information technology to meet on a monthly basis. (10:30, Ways and Means, 548-S)

Ø Hearing: HB 2540 — Requiring moneys attributable to at-risk student weighting be expended for approved at-risk educational programs.(1:30, Education, 144-S)

Ø 2:30 p.m. session

Thursday, March 12

Ø Hearing: HB 2464 — Updating egg repacking requirements for retailers.(8:30, Agriculture and Natural Resources, 159-S)

Ø Hearing: HB 2432 — Creating the Kansas pesticide waste disposal program and allowing up to $50,000 to be transferred annually from the Kansas agricultural remediation fund to a new Kansas pesticide waste disposal fund.(8:30, Agriculture and Natural Resources, 159-S)

Ø Hearing: HB 2507 — Liability protection for businesses that participate in high school work-based learning programs. (8:30, Commerce, 548-S)

Ø Hearing: HB 2420 — Allowing military surplus vehicles to register with the division of vehicles for road use. (8:30, Transportation, 546-S)

Ø Hearing: SB 396 — Discontinuing apportionment of countywide retailers’ sales tax imposed for general purposes between the county and cities located therein. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: SB 460 — Increasing the sales tax collection thresholds relating to time frames for filing returns and paying sales tax by certain retailers and providing that electronic filing is not required for certain retailers. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: HB 2466 — Enacting the Kansas taxpayer protection act; requiring the signature and tax identification number of paid tax return preparers on income tax returns; authorizing actions to enjoin paid tax return preparers from engaging in certain conduct. (9:30, Assessment and Taxation, 152-S)

Ø Hearing: HB 2452— Providing certain KP&F tier II spousal and children’s benefits for death resulting from a service-connected disability. (9:30, Financial Institutions and Insurance, 546-S)

Ø Hearing: HB 2500— Amending the Kansas power of attorney act regarding the form of a power of attorney and the duties of third parties relying and acting on a power of attorney. (10:30, Judiciary, 346-S)

Ø Hearing: SB 437 — Enacting the Kansas electricity bill reduction bonds act and authorizing the state corporation commission to issue securitized ratepayer-backed KEBRA bonds for electric utility property.(1:30, Utilities, 548-S)

Ø 2:30 p.m. session

Friday, March 13

Ø Final action: HB 2462 — Updating provisions related to the Kansas department of agriculture division of conservation. (8:30, Agriculture and Natural Resources, 159-S)

Ø Final action: HB 2451 — Amending Kansas department of agriculture division of animal health license, permit and registration renewal deadlines. (8:30, Agriculture and Natural Resources, 159-S)

Ø Hearing: HB 2702 — Decoupling the KIT and KIR workforce training programs from the high-performance incentive fund program and enhancing the workforce training tax credit. (8:30, Commerce, 548-S)

Ø 8 a.m. session

Thank You for Engaging

Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.

Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.