SB 25- Continuing Education Requirements for Clinical Social Workers
SB 25 amends continuing education requirements for baccalaureate, master and specialist clinical social workers. Starting January 1, 2011, applicants for first-time licensure renewal are required to complete at least six hours of safety awareness training as part of their continuing education requirements. If the applicant has already taken the training as part of a previous level of social work licensure renewal they are not required to take the additional training. The Senate concurred with House changes to SB 25 by a vote of 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 30- State Surplus Property Act
SB 30 authorizes the Director of Legislative Administrative Services to sell computers that are off-lease and not returned to the lessor to members of the Legislature and legislative staff and, if declined, offer them to local public libraries. The bill also allows the head of the state law enforcement agency to sell personal sidearms to state law enforcement officers who retire or resign to take another law enforcement job. Proceeds from the sales are required to be deposited into the special revenue fund appropriated for each respective agency and requires the amount paid to be equal to the fair market value of the product.

The bill would take effect upon publication in the Kansas Register. The conference committee report for SB 30 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 62- HIV Screening for Pregnant Women and Newborns, Tuberculosis Prevention and Control, Audiologists Licensure
SB 62 enacts new law on Human Immunodeficiency Virus (HIV) screenings for pregnant women and newborn children, creates new law and amends existing law on the responsibilities for tuberculosis control and prevention and amends law on audiologist license. The bill requires a physician or other authorized professionals to administer HIV screenings for pregnant women and newborn children. The screening would take place during the first trimester of a pregnancy unless a woman decides to opt-out of the procedure. If deemed high risk for acquiring HIV, a second screening would be performed during the third trimester or at the time of labor and delivery. At any time, a pregnant woman has the right to refuse HIV screening. If the mother’s HIV status is unknown because the mother did not submit to HIV screening while pregnant, the newborn would be screened for HIV once the child is suitable for testing after birth. Parental consent is not required to administer the HIV test but exceptions exist to account for religious beliefs.

The bill creates and amends law on the responsibilities for tuberculosis prevention and control in all postsecondary institutions in Kansas by directing the Secretary of Health and Environment to adopt rules and regulations establishing guidelines for a tuberculosis prevention and control plan. The plan must be designed to reduce the risk of tuberculosis transmission. Each postsecondary institution must also develop and implement a tuberculosis prevention and control plan and designate a person to be responsible for oversight and implementation of the plan, record maintenance and to give KDHE access to the records for review and inspection. The measure requires postsecondary educational institutions to develop and implement tuberculosis evaluation requirements and each student meeting those requirements must comply with the evaluation requirements. Students would be responsible for all costs associated with the evaluation and if not in compliance are ineligible to attend classes, enroll or receive transcripts or diplomas.

The measure amends existing law regarding the licensure of audiologists by requiring individuals who seek such license to hold a doctorate degree, or its equivalent, in audiology beginning January 1, 2010. Individuals holding a master’s degree in audiology before January 1, 2012, are exempt from the bill provisions. The bill would make the updated educational requirement consistent with the accredited programs offered by Kansas Board of Regents institutions and the American Speech Language Hearing Association.

The conference committee report for SB 62 passed 39 to 1 on Tuesday, March 20 and the bill was sent to Governor Parkinson for his consideration.

SB 67- Mistreatment of a Dependent Adult; Identity Theft and Fraud; Criminal Possession of a Firearm
SB 67 amends the crimes of mistreatment of a dependent adult, identity theft, fraud and criminal possession of a firearm. The bill makes the knowing and intentional infliction of physical injury, unreasonable confinement or punishment on a dependent adult a severity level 5, person felony. The measure deletes the requirement that taking unfair advantage of the physical or financial resources of a dependent adult be committed by a caretaker or other person and makes the crime a severity level 2, person felony if the resource value exceeds $1 million; a severity level 3, person felony if the resource value is between $250,000 and $1 million; a severity level 4, person felony if the resource value is between $100,000 and $250,000; a severity level 5, person felony if the resource value is between $25,000 and $100,000; and a severity level 7, person felony if the resource value is between $1,000 and $25,000. In addition, the bill makes the omission or deprivation of the treatment, goods or services necessary to maintain the physical and mental health of a dependent adult a severity level 8, person felony.

The bill amends the crime of identity theft to clarify the crime is committed by obtaining, possessing, transferring, using, selling or purchasing personal identity information of another individual with the intent to defraud the person for personal gain. The measure further clarifies the crime of identity fraud is committed by using or supplying false information to obtain a document with personal identifying information or by altering, amending, counterfeiting, making, manufacturing or replicating any document with personal indentifying information. Also, the bill clarifies it is not a defense that a person did not know the personal information of another person, living or deceased.

The measure amends the crime of criminal possession of a firearm by a person convicted in the previous 10 years of certain violent crimes or felony drug crimes. The bill adds the unlawful manufacture of controlled substances, unlawfully arranging a drug transaction using a communication device and possession of chemical with the intent to manufacture methamphetamine to the list of drug crimes covered by the crime criminal possession of a firearm. In addition, the bill makes an attempt, conspiracy or solicitation to commit any of the listed felonies in the statute, including drug felony convictions, as a severity level 8, nonperson felony.

The bill would take effect upon publication in the Kansas Register. The Senate concurred with House changes to SB 67 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 75- Cemetery Corporation Accounting
SB 75 concerns the accounting of cemetery corporations and the Cemetery Corporation Permanent Maintenance Fund and Cemetery Merchandise Trust Fund. The bill authorizes the Attorney General, at the request of the Secretary of State, to initiate actions for the accounting of either fund and if determined to be unfunded due to inadequate deposits or unauthorized distributions, allows the cemetery corporation to propose and implement a plan for correcting the deficiencies, subject to the Secretary of State’s approval. The measure authorizes the Secretary of State to equitably resolve audit results and would take effect upon publication in the Kansas Register. The Senate concurred with House changes to SB 75 by a vote of 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 83- Naturopathic Doctors Licensure Act and Physical Therapy Practice Act
SB 83 creates the Naturopathic Doctors Licensure Act to change the regulatory status of naturopathic doctors and the Physical Therapy Practice Act by creating two new licensure categories, exempt license and federally active license. The bill changes the regulatory status of naturopathic doctors with the Board of Healing Arts from registrants to licensees.

The bill creates two new licensure categories for physical therapists, exempt license and federally active license, in the Physical Therapy Practice Act. The State Board of Healing Arts is authorized, in the bill, to issue an exempt license to persons who do not regularly practice physical therapy in Kansas. As a result, the Board must establish continuing education requirements for licensees who have been exempt for less than two years and wish to regularly practice in Kansas. The board can determine if an exempt licensee is required to complete additional testing, training or education.

In addition, the measure allows the Board to issue a federally active license to persons who meet the requirements to practice physical therapy in Kansas and who only practice in the course of employment or active duty of the U.S. government or its departments, bureaus or agencies. Federally active license holders are allowed to engage in limited physical therapy practice outside of their federal government employment but they must not receive compensation for direct patient care services. The bill allows federally active license holders to provide professional services as a charitable health care provider and collect payment for subsistence and actual expenses.

Finally, the bill amends the inactive license category by requiring the Board to adopt rules and regulations that establish continuing education requirements for licensees who have been inactive for less than two years and who wish to practice physical therapy in Kansas again. For licensees whose license has been inactive for more than two years, the Board can determine if the licensee must complete additional training, testing or education.

The conference committee report for SB 83 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 200- Privilege Fees for Health Maintenance Organizations
SB 200 amends the statute providing for the assessment of privilege fees for Health Maintenance Organizations (HMO) by removing the phase-in for the privilege fee assessment on new HMOs operating in Kansas and requiring any HMO operating in the state to pay a privilege fee equal to one percent per annum on all premiums. Under current law, HMOs operating in Kansas for less than three years pay no fee, HMOs operating in Kansas for three to five years pay a half percent fee on all premiums charges and HMOs operating for more than five years pay a rate of one percent. The Senate concurred with House changes to SB 200 by a vote of 32 to 8 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 213- Rules and Regulations Filing Act
SB 213 amends the Rules and Regulations Filing Act by removing obsolete language and allowing for future publication of the Kansas Administrative Rules and Regulations in electronic form by the Secretary of State. The Senate concurred with House changes to SB 213 by a vote of 38 to 2 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 234- Garnishment of Wages
SB 234 amends existing garnishment law regarding earnings of a judgment debtor. The measure requires creditors to return excess funds to a garnishee who then returns the funds to the judgment debtor, eliminates the requirement for a written explanation of garnishments with each paycheck and requires parties who request a garnishment to provide the balance due to the garnishee when the garnishment is issued. The bill gives the garnishee 14 days to complete a garnishment answer and if a garnishee asks for but does not receive the payoff balance of the garnishment within seven days they can submit a written statement to the judgment creditor of plans to release the garnishment.

The Senate concurred with House changes to SB 234 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 255- Kingman and Pottawatomie Counties Sales Tax
SB 255 authorizes Kingman County to impose a sales tax of one percent for 20 years for constructing a jail and law enforcement center and for roadway and bridge improvements. The bill also allows Pottawatomie County to impose an additional half percent sales tax for public infrastructure improvements that would sunset once improvement costs have been paid. Both county authorizations require an election before the imposition of the taxes.

The Senate concurred with House changes to SB 255 by a vote of 33 to 7 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 262- Emergency Medical Services
SB 262 amends the statutes concerning Emergency Medical Services to change the titles of EMS attendants from Emergency Medical Technician – Intermediate to Advanced Emergency Medical Technician, First Responder to Emergency Medical Responder and Mobile Intensive Care Technician to Paramedic. The bill establishes a scope of practice for the professions as established by the Kansas Board of Emergency Medical Services and requires the professions to complete a course of instruction and to be specifically authorized to perform activities by medical protocol. The bill would take effect on January 1, 2011.

The conference committee report for SB 262 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 269- Kansas Consumer Protection Act, Musical Performance Advertising Act
SB 269 amends the Kansas Consumer Protection Act to define the terms “immediate family member,” “member of the military,” “protected consumer” and “veteran.” The bill prohibits any person from advertising or conducting a live musical performance or production in the state through the use of a false, deceptive or misleading affiliation, connection or association between the performing group and recording group. The bill provisions do not apply if the performing group is an authorized registrant and owner of a federal service mark for the group or if at least one member of the performing group was a member of the recording group and has a legal right to the use or operation under the group name. Exceptions are in the bill if the performance is authorized by the recording group or if the group who advertises and promotes the performance is not aware the performance is using a false, deceptive or misleading affiliation, connection or association with another group.

The conference committee report for SB 269 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 305- Kansas Tort Claims Act ; Charitable Health Care Providers
SB 305 amends current law regarding the Kansas Tort Claims Act and charitable health care providers to change the definition of “charitable health care provider” to include mental health practitioners licensed by the Behavioral Sciences Regulatory Board. The bill also replaces the Department of Social and Rehabilitation Services with the Kansas Health Policy Authority as the agency responsible for programs for persons receiving medical assistance. The Senate concurred with House changes to SB 305 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 312- County Loans from the Pooled Money Investment Board
SB 312 authorizes counties who pay large property tax refunds for a single property whose value exceeds five percent of the cumulative countywide tax base to request a loan from the Pooled Money Investment Board (PMIB) to assist in paying the refunds. The bill requires the loans to bear interest equivalent to the PMIB investment portfolio earnings rate at the time the loan was made and requires the loans to be repaid within four years. Participating counties must make equal annual tax levies sufficient enough to pay off the loans in four years.

The Senate concurred with House changes to SB 312 by a vote of 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 346- Secretary of Corrections Custody
SB 346 grants the Secretary of Corrections four, instead of three, business days to notify a sheriff to immediately transfer an offender in their custody to the Department of Corrections Reception and Diagnostic Unit. The bill requires the Secretary to be responsible for all medical care and treatment costs of the offender while in the physical custody of the Secretary and grants the Secretary discretion in discharging the offender from prison if have ten days or less on their sentence when the Order for Commitment is received.

The Senate concurred with House changes to SB 346 by a vote of 32 to 8 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 353- Human Trafficking
SB 353 renames the current crimes of trafficking and aggravated trafficking to human trafficking and aggravated human trafficking and expands the crime of human trafficking to add coercing employment and involuntary servitude as two additional ways to commit the crime. The bill adds human trafficking and aggravated human trafficking to the list of crimes subject to forfeiture. The measure clarifies the use of labor of any person incarcerated in a correctional facility is not human trafficking. Under the bill, human trafficking remains a severity level 2, person felony.

The conference committee report for SB 353 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 359- Special Education Catastrophic State Aid
SB 359 amends the special education catastrophic state aid law for the 2009-2010 school year by increasing the eligibility threshold to $36,000 from $25,000 and by requiring special education state aid, including Medicaid Replacement State Aid, to be deducted in determining the special education student reimbursement rate. Starting in the 2010-2011 school year, the catastrophic state aid reimbursement threshold increases to twice the state aid per special teacher from the previous year. Beginning in the 2011-2012 school year, the bill directs the State Board of Education to determine the minimum and maximum amount of state aid paid to districts for the costs of special teachers. The minimum and maximum factors would be determined by dividing the total special education per teacher entitlement by the full-time equivalent enrollment of all school districts to determine the average amount per pupil. Districts with the special education per pupil amount below 75 percent of the statewide average would receive additional funding while districts receiving 150 percent of the average would experience a decrease in funding. However, this provision would sunset on June 30, 2013.

The bill amends a provision in special education law on the payment of Medicaid Replacement State Aid to school districts. Under current law, during the 2007-2008, 2008-2009 and 2009-2010 school years, the State Board of Education must designate a portion of special education state aid as Medicaid replacement. The bill removes the designated school years resulting in the permanent continuation of Medicaid Replacement State Aid.

The conference committee report for SB 359 passed 29 to 11 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 362- Teacher Continuing Contract Law
SB 362 amends the teacher continuing contract to allow school boards to notify teachers and administrators of their intention to not renew their contract by the third Friday in May. Teachers and administrators would then have 14 calendar days from the notice date to respond to the school board. The conference committee report for SB 362 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 369- Kansas Open Records Act
SB 369 amends the Kansas Open Records Act to reconcile an exception amended twice during the 2009 legislative session and to eliminate certain references regarding domestic corporations, foreign corporations, domestic limited partnerships, foreign limited partnerships, domestic limited liability partnerships and foreign limited liability partnerships. Also, the bill allows the social file of a juvenile offender to be disclosed to the juvenile’s guardian.

The measure states a public agency is not required to disclose certain contact information given to the agency for notification or communication that is widely distributed to the public and clarifies a public agency is not required to make electronic copies of public records by allowing a person to obtain the copies by inserting, connecting or attaching an electronic device to a computer or electronic device of the agency.

The conference committee report for SB 369 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 377- Kansas Fairness in Private Construction Act and Kansas Fairness in Public Construction Act
SB 377 amends the Kansas Fairness in Private Construction Act and the Kansas Fairness in Public Construction Act to require an owner, contractor or subcontractor to not withhold more than five percent of the limit of the contract or subcontract value as retainage unless the owner or contractor determines a higher rate, not exceeding 10 percent, of the contract is required as retainage to ensure the contract performance. The bill requires the release of all remaining retainage of any undisputed payment due to the contractor within 30 days of project completion. If the project is not complete, an owner may withhold the portion of the retainage until 30 days after the work is complete.

The measure prohibits an owner from withholding more than 150 percent of the incomplete work value if the work is due to the fault of the contractor and contractors may not withhold more than 150 percent of the incomplete work value if the work is due to the fault of the subcontractor. Also, subcontractors may not withhold more than 150 percent of the incomplete work value that is the responsibility of another subcontractor. Any amount retained for incomplete work must be paid within 45 days of project completion.

The conference committee report for SB 377 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 381- Crimes, Punishment, Criminal Procedure
SB 381 amends the definition of “use of force” to include threats, clarifies a person who threatens deadly force to be subject to statutory provisions on “use of force” instead of deadly force and adds “place of work” to the list of places a person can use deadly force to prevent or stop an unlawful entry or attack if they believe it is necessary to prevent death or great bodily harm. The bill clarifies a person is not required to retreat when using force to protect a place of work and creates a presumption of reasonableness on the use of deadly force.

The bill applies retroactively and would take effect upon publication in the Kansas Register. The conference committee report for SB 381 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 382- Kansas Housing Loan Deposit Program
SB 382 amends statutes governing the Kansas Housing Loan Deposit Program established to provide incentives for housing construction development loans to qualified builders and developers. Under current law, from July 1, 2008 to July 1, 2011, half of the $60 million total program amount is designated for housing loans to eligible developer borrowers building homes in Chanute, Coffeyville, Erie, Fredonia, Greensburg, Independence, Iola, Neodesha or Osawatomie.

The bill amends the program to expand the definition of house to include multi-family dwellings and the definition of eligible developer borrower to include the building of homes and rehabilitation of existing homes. Also, the measure changes the limit on the value of eligible house from a sale at or below 350 percent of the Kansas median household for the previous year to a sale or appraisal at or below the average purchase price safe harbor established by the State Treasurer for homes eligible for mortgage revenue bonds.

Finally, the bill deletes the limit of one outstanding housing loan per borrower, specifies that an applicant have no more than $2 million in total loans and moves the ending deadline for designated cities to December 31, 2010. Effective January 1, 2011, loans provided by the program would be made available statewide.

The bill would take effect upon publication in the Kansas Register. The Senate concurred to House changes to SB 382 by a vote of 38 to 2 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 386- Discovery and Inspection and Evidence Admissibility in Criminal Cases
SB 386 amends law on discovery and inspection of documents and the admissibility of certain evidence in criminal cases by clarifying a prosecuting attorney is not required to provide unredacted vehicle identification numbers or personal identifiers to the defendant unless ordered by the court. If the prosecuting attorney provides the information to the defendants attorney, the bill prevents the defendant’s counsel from disclosing the vehicle identification numbers or personal identifiers except as authorized by court order. The bill requires the prosecuting attorney to provide notice to the defendant’s counsel they redacted books, papers or documents that had numbers of personal identifiers. Any redaction of such information is required to be by alteration or truncation of such numbers or identifiers and not by removal.

The measure authorizes district and municipal courts in any trials or hearings with forensic examination reports to use two-way interactive video technology at the request of the prosecution or defense to take testimony from the individual who prepared the report. All proceedings in a district court which uses the technology must be recorded, verbatim, by the court.

The bill repeals the statute on admissibility of certain recorded statements of a child victim and would take effect upon publication in the Kansas Register. The Senate Concurred with House changes to SB 386 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 389- Insurance Fees for Dental Services
SB 389 prohibits health insurers from setting fees for dental services not covered by a contract between the insurer and dentist which is issued or renewed after the effective date of the Act. The Senate concurred with House changes to SB 389 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 430- Tax Credits, Sales Tax, Electronic Tax Filing, Installment Plan Fees
SB 430 makes several changes to 2009 legislation intended to provide a reduction for selected income tax credits; changes various sales tax administration statutes to keep the state in conformity with the multi-state Streamlined Sales and Use Tax Agreement (SSUTA); amends several tax statutes regarding the definition of “willfully;” imposes a small fee under certain circumstances for taxpayers’ entering into installment payment plans; moves administration of location option intangible taxes from the state to the local level; and authorizes the Department of Revenue to require electronic filing of withholding forms and sales or use tax returns.

The bill makes various changes to provisions adopted in 2009 that were intended to provide a 10 percent reduction for certain income tax credits by making technical corrections on the distinction between “refundable” and “nonrefundable” credits associated with the 10 percent reduction for tax years 2009 and 2010. The measure clarifies the tax treatment of the two credits can be both refundable and non-refundable at different times. Also, the bill repeals the $3.75 million cap for FY 2011 for historic preservation income tax credits and replaces the 10 percent reduction for tax year 2010 for the regional foundation tax credits with a 10 percent reduction in the statutory cap for FY 2011 that existed before FY 2009. The 10 percent reduction for the Kansas Center for Entrepreneurship Contribution Credits would also be replaced with a 10 percent reduction for FY 2011.

The measure amends current law to keep the state in conformity with the SSUTS and clarifies the circumstances where sales tax exemption certificates taken in good faith could relieve retailers from sales tax liability and removes provision requiring certificates to include specific statutory subsection reference with the signature of officials of certain not-for-profit entities. New language is included, in the bill, to relieve retailers from the requirement to collect sales tax, in most cases, using the new sales tax rate for the first 30 days after the enactment date of laws that change the statewide sales and use tax rate.

The bill imposes a $10 fee for any delinquent taxpayer who enters into an installment payment plan exceeding 90 days from the date the agreement was made. Proceeds from the fee and the first $350,000 in delinquent tax collections are required to be deposited into the Recovery Fund for Enforcement Actions and Attorney Fees. In addition, the measure requires persons with local intangibles tax to file returns with a county clerk instead of the Department of Revenue and authorizes the Director of Taxation to require electronic filing of withholding tax forms and sales and use tax returns.

The conference committee report for SB 430 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 439- Publication of the Kansas Register
SB 439 requires the Kansas Register to publish all notices of hearings on proposed administrative rules and regulations and full texts of all adopted administrative regulations that have been filed with the Secretary of State. The bill requires each issue of the Kansas Register to have a table of contents and a cumulative index published annually. The measure requires each state agency to designate a person through whom all required documents may be submitted electronically for publication in the Kansas Register and requires other entities to submit documents electronically to the Secretary of State for publication in the Kansas Register.

The Senate concurred with House changes to SB 439 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 449- Medical Gas Piping Systems
SB 449 amends current law by requiring all repairs, maintenance or inspections of medical gas piping systems to be completed by a person licensed and certified under the appropriate professional qualifications. The installers must obtain proper permits for the county or city where the medical gas is installed and requires inspections to be performed by certified third parties with all inspection documents to be provided to the county or city before the building inspected is occupied. The provisions do not apply to counties or cities that have tighter requirements than those set forth in the bill.

The conference committee report for SB 449 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 458- Kansas Uniform Securities Act
SB 458 amends the Kansas Uniform Securities Act to make an intentional securities violation one of the following, nonperson felonies: loss of less than $25,000 severity level 6; loss between $25,000 and $100,000 severity level 5; loss between $100,000 and $250,000 severity level 4; loss between $250,000 and $1 million severity level 3, loss exceeding $1 million, severity level 2. The bill makes the crime of conducting business as an investment advisor representative with a revoked, suspended or barred license; the crime of making or coercing a person to make a false or misleading filing; violating a cease and desist order; and obstructing an investigation all severity level 5, nonperson felonies.

The measure makes the crimes of broker-dealers or investment advisors who associate with or employ a person whose registration is revoked, suspended or barred and misrepresentations on registration and exemption a severity level 6, non person felony. In addition, the bill makes it a severity level 7, nonperson felony for broker-dealers who employ or associate with an agent not registered or exempt from the act or for investment advisors who employ or associate with individuals required to be registered as an investment adviser representative.

The Senate concurred with House changes to SB 458 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 461- District Magistrate Judge Supplemental Compensation Fund
SB 461 requires supplemental funding for district magistrate judges to be deposited into the State General Fund and credited to the District Magistrate Judge Supplemental Compensation Fund. The bill requires all associated employer contributions and payments to be paid by the county providing the supplemental funding in the same manner as the conventional salary of the judge. The bill would take effect upon publication in the Kansas Register. The Senate concurred with House changes to SB 461 by a vote of 40 to 0 on Monday, March 29 and the bill was sent to Governor Parkinson for his consideration.

SB 531- Radon Certificate Law
SB 531 creates the Radon Certificate Law requiring certification for radon measurement technicians, radon mitigation technicians and radon measurement laboratories by the Kansas Department of Health and Environment (KDHE). The bill requires KDHE to create rules and regulations for the establishment of a radon certification program by July 1, 2011, for persons performing radon tests or mitigation and establishes maximum fees an applicant or laboratory can be charged for certification with revenues from fees going to the Radiation Control Operations Fee Fund.

Under the bill, persons performing radon measurements, mitigation or laboratory analysis must be certified by KDHE, undergo a training course and pass an examination by the National Radon Safety Board, National Environmental Health Association or other organization recognized by KDHE. Those certified before July 1, 2011, are exempt from KDHE certification requirements and those who perform radon measurements or mitigation on a building where they reside or who perform measurements without compensation, are exempt from the bill provisions.

The bill requires any radon measurement business or radon mitigation business to be owned by a certified technician or to employ or have a consultant who is a certified technician and have them perform all testing and installation of measurement devices and mitigation systems. In addition, the bill creates a class B misdemeanor felony for those who willfully violate the Radon Certification Law and subjects violators to a $1,000 fine with possibly certification suspension or revocation.

The Senate concurred with House changes to SB 531 by a vote of 37 to 3 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SB 537- Validity of Liens
SB 537 creates new law authorizing any person afflicted by an alleged violation of the law regarding expedited determination of validity of liens to bring a civil action against the person who filed or recorded the documents after the court finds the lien or claim is fraudulent. The bill specifies that no action may be brought against the filing office or officer and the plaintiff must prove the defendant knew or should have known the documents filed or recorded were in violation of the law on expedited determination of validity of liens.

The measure requires the court to award costs to the prevailing party and if the court finds a lien or claim is fraudulent to order the defendant to pay actual and liquidated damages not exceeding $10,000 for each violation or actual damages, whichever is greater. The court may also ban the defendant from filing future liens or claims against persons specified by the court without the approval of the court entering the order.

The conference committee report for SB 537 passed 40 to 0 on Tuesday, March 30 and the bill was sent to Governor Parkinson for his consideration.

SCR 1615- Tenth Amendment Rights to States
SCR 1615 is a nonbinding resolution that expresses to the federal government that Kansas claims all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States and serves as notice and demand the federal government cease and desist all mandates beyond the scope of powers delegated in the Constitution. The concurrent resolution requests that all federal legislation threatening civil or criminal penalties or sanctions a violation of the Tenth Amendment and requests that such legislation end.

The Senate concurred with House changed to SCR 1615 by a vote of 36 to 4 on Monday, March 29.

HB 2039- Duties of a Sheriff
HB 2039 amends current law to clarify that when there is no sheriff or undersheriff, the county clerk will assume the duties and power of the sheriff until a sheriff is elected or qualified and clarifies when the sheriff is in jail, the county clerk would be the keeper of the jail. The conference committee report for HB 2039 passed 40 to 0 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2107- Kansas Police and Firemen’s Retirement System
HB 2107 permits affiliation by the Adjutant General with the Kansas Police and Firemen’s (KP&F) Retirement System to provide membership to certain qualified firefighters and to offer enhanced benefits for future service. HB 2107 passed 40 to 0 on Tuesday, March 30. The bill was sent to Governor Parkinson for his consideration.

HB 2115- Late Term Abortions
HB 2115 revises current law on late-term abortions by requiring the Kansas Department of Health and Environment (KDHE) to adopt new rules and regulations to collect certain information from physicians who perform abortions and to publish the data annually. The bill changes the reporting requirements for physicians performing late term abortions to require the specific medical diagnosis and condition causing substantial and irreversible impairment of a major bodily function of the mother or the medical diagnosis necessitating the abortion, to be noted. Sworn statements are required by the physician and referring physician indicating there is no legal or financial affiliation between them. KDHE is required to adopt rules and regulations for changes in reporting requirements and for the information required to be retained and submitted by physicians performing abortions.

The measure requires the Board of Healing arts to revoke a physician’s license following a misdemeanor conviction occurring after July 1, 2010, unless a two-thirds majority of the Board determines the licensee is rehabilitated or not a threat to the public. The bill requires the referring physician and physician performing the abortion to provide written documentation to the pregnant woman at least 30 minutes before the scheduled abortion, unless it is a medical emergency. New requirements are included, in the measure, that requires the referring physician to be licensed in Kansas.

Finally, the bill allows the husband of a pregnant woman or the parents or guardian of a woman under the age of 18, who has a late-term abortion, to file a civil action against the physician performing the abortion.

The conference committee report for HB 2115 passed 24 to 15 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2226- Traffic Infraction Fines
HB 2226 increases the fines for traffic infractions on the uniform fine schedule by $15 and directs revenues from the increased fines to be directed as follows: 10.94 percent to the Crime Victims Compensation Fund; 2.24 percent to the Crime Victims Assistance Fund; 2.75 percent to the Community Alcoholism and Intoxication Programs Fund; 0.16 percent to the Boating Fee Fund; 0.11 percent to the Children’s Advocacy Center Fund; 2.28 percent to the EMS Revolving Fund; 2.28 percent to the Trauma Fund; 2.28 percent to the Traffic Records Enhancement Fund; 2.91 percent to the Criminal Justice Information System Line Fund; and the remainder to the State General Fund.

HB 2226 passed 30 to 10 on Tuesday, March 30. The bill is currently in conference.

HB 2310- Crematory Operations and Licensure
HB 2310 enacts new law creating licensure requirements for crematory operators, increases the maximum amount of fees charged by the Kansas State Board of Mortuary Arts and amends several laws governing the cremation process. The bill classifies crematory operators as a person engaged in or conducting the business of creation, requires crematory operators to use the title “crematory operator” to indicate they are in the cremation business and requires each cremation in Kansas to be performed under the supervision of a licensed crematory operator. Also, the bill makes it unlawful for persons to engage in cremation without a crematory operator license and requires every person entering the crematory profession to apply to and meet the requirements of the Board of Mortuary Arts. A crematory operator’s license would be automatically suspended if they have not completed training at the end of the first year of licensure.

The bill establishes fees for licensure, licensure renewal and the reinstatement of a lapsed license and requires any crematory intending to recycle metallic remnants, prosthetic implants or other remaining items, before or after cremation, to get consent from the deceased person’s next of kin. The measure requires any “crematory operator in charge” to hold a funeral director’s license unless the crematory only receives human bodies for cremation.

The provisions of the bill would take effect on July 1, 2011. HB 2310 passed 37 to 3 on Tuesday, March 30. The bill is currently in conference.

HB 2320- Provider Assessment on Skilled Nursing Care Facilities
HB 2320 creates a provider assessment on all licensed beds at skilled nursing care facilities in Kansas and appoints the Kansas Health Policy Authority (KHPA) to calculate and implement the assessment and establish a Quality Care Fund where assessments and penalties collected would be deposited. Facilities would be assessed $1,325 on each bed in the facility as of July 1 of each year. The bill requires the assessment to be calculated once a year but allows nursing facilities to pay the assessment quarterly. If beds are de-licensed after July 1, the facility will not be reimbursed on the amount collected but does not have to pay the assessment moving forward. The measure requires organizations that have multiple nursing facilities to apply the assessment to each separate facility and prohibits facilities from creating a line-item charge that passes the assessment to its residents. After three years, the assessment amount would be adjusted to no more than 60 percent of the assessment collected in the previous year to create a downward collection trend for the assessment.

The bill requires revenue from the assessment to be deposited in the Quality Care Fund for reimbursing the FY 2010 Medicaid 10 percent provider rate reduction, for inflation and adjustments and requires all remaining dollars in the Fund to be used to finance quality care initiatives for skilled nursing care in Kansas. After four years the assessment would expire four years after implementation.

The measure would take effect upon publication in the Kansas Register. HB 2320 was sent back to the Ways and Means Committee for further review.

HB 2356- Lexie’s Law
HB 2356 creates new law and amends existing law concerning the supervision, licensing and inspection requirements for child care facilities by defining “competent supervision” for children in child care homes or day care homes as regulated by the Kansas Department of Health and Environment (KDHE). The bill eliminates the category of registered “family day care home” and replaces it with licensed “family child care home” which also requires inspections. The measure defines competent supervision which requires that children be within the line of sight and hearing of the child care provider with several exceptions listed in the bill.

The bill requires the creation of an online public information dissemination system that provides the names of licensees, applicants and the history of citations and complaints. Also, the measure changes the frequency of child care facility inspections from 12 months to once every 15 months.

The measure requires day care homes to have a fire extinguisher that is in good condition and easily accessible and takes effect upon publication in the Kansas Register. HB 2356 passed 25 to 14 on Tuesday, March 30. The bill is currently in conference.

HB 2412- Functional Incapacitation Release and Terminally Ill Early Release
HB 2412 amends current law on functional incapacitation release and creates new procedures for the release of terminally ill inmates whose medical condition is likely to cause death within 30 days. The bill removes a person sentenced to imprisonment for off-grid offenses from the group of inmates eligible for early release under functional incapacitation release procedures and adds a provision to clarify a person sentenced for off-grid offenses ineligible for functional incapacitation release.

The bill allows the Secretary of Corrections and the Kansas Parole Board (KPB) to allow for the release of an inmate deemed by a physician to have a terminal medical condition likely to cause death within 30 days. Inmates sentenced for an off-grid offense are not eligible for early release due to terminal illness. The KPB may grant the release if an inmate has been deemed by a Kansas medical doctor to have a terminal medical condition likely to cause death within 30 days and if the inmate does not present a risk to public safety. The decision of the KPB would be final and not subject to review by any administrative agency or court. The early release could be revoked if the illness or condition of the inmate significantly improves or if the person does not pass away within 30 days.

The conference committee report for HB 2412 passed 27 to 13 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2432- Attorney Fees for Negligent Motor Vehicle Operation
HB 2432 amends the statute authorizing attorney fees to be taxed as costs in certain actions involving negligent motor vehicle operations and increases the cap on the property damage amount from less than $7,500 to less than $15,000. The conference committee report for HB 2432 passed 40 to 0 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2435- Criminal Sentencing Statutes
HB 2435 amends several criminal sentencing statutes by clarifying the penalty for an attempt, conspiracy or criminal solicitation to commit certain sex crimes where the victim is a child less than 14 years old, an off-grid offense. The bill clarifies downward departures from a mandatory 15 year sentence for certain sex offenses is limited and judges may not impose the downward departure for crimes of extreme sexual violence to less than 50 percent of the average sentence for such crimes.

The measure deletes the definition of “prior conviction event” to clarify that any person convicted of two or more sexually violent crimes, regardless of if the convictions occur on the same day, is a habitual sexual offender subject to a mandatory life sentence without the possibility of parole. Also, the bill requires the sentence for aggravated endangering a child to be served consecutively to any other sentence imposed by the court.

The bill makes the crime cultivation, distribution or possession with the intent to distribute certain drugs a drug severity level 2 felony, if it is found the offender is at least 18 years old and the drug was distributed or possessed with the intent to distribute to a minor, on or within 1,000 feet of school property; knowing distribution or possession with the intent to distribute any drug paraphernalia a drug severity level 4 if it is found the offender is at least 18 and the paraphernalia was distributed to a minor, on or within 1,000 feet of school property; knowing distribution or possession with the intent to distribute any drug paraphernalia a severity level 9, nonperson felony if it is found the offender is at least 18 years old and the paraphernalia was distributed within 1,000 feet of school property; and makes distribution or possession with the intent to distribute any simulated controlled substance a severity level 7, nonperson felony if it is found the offender is at least 18 years of age and the violation occurred on or within 1,000 feet of school property.

The measure creates a special sentencing rule to add 30 months imprisonment to the sentence of an offender convicted of a felony when it is found, beyond a reasonable doubt, they wore or used ballistic resistant material during the commission of, attempt to commit or flight from such felony. In addition, the bill amends the statute on terrorism and the illegal use of weapons of mass destruction to provide that attempt, conspiracy or criminal solicitation to commit the crime is an off-grid felony.

The conference committee report for HB 2435 passed 40 to 0 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2472- Local Government
HB 2472 establishes the Kansas Uniform Common Interest Owners Bill of Rights Act, temporarily prohibits municipalities from requiring sprinkler systems in a residential structure, modifies several statutes regarding the rehabilitation of abandoned houses and expands the authority to establish county land banks to any Kansas county. Effective January 1, 2011, the bill establishes uniform rules of law to clarify the rights and duties of unit owners and associations in common interest communities, provides for the operation of common interest communities and its owners and residents and addresses areas of conflict between unit owners, associations, boards and managers.

The bill temporarily prohibits municipalities from requiring the installation of a multi-purpose sprinkler system in residential structures and repeals the provision on July 1, 2011. Also, the bill expands the authority to establish a county land bank to any county in Kansas.

Finally, the measure decreases the number of consecutive days, from 180 to 90 days, residential real estate has to be unoccupied by the owner and limits to 90 days the time a court may extend the period a defendant has to bring property into compliance with fire, housing and building codes and to pay all delinquent property taxes. The bill reduces the time, from three to two years, a person must occupy a house before they can purchase it from the nonprofit organization who rehabilitated the structure.

The Senate passed the conference committee report for HB 2472 passed 35 to 5 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2501- Mortgage Guaranty Insurance Company Liability, Kansas Uninsurable Health Insurance Plan Act, Risk-Based Capital Instructions, Genetic Testing Law, Kansas Insurance Score Act
HB 2501 amends the statutory requirements for the liability of mortgage guaranty insurance companies, amends the Kansas Uninsurable Health Insurance Plan Act, updates the effective risk-based capital instructions, establishes additional restrictions to genetic testing law and amends the Kansas Insurance Score Act.

Mortgage Guaranty Insurance Companies
The bill amends a statute on the governing requirements for the liability of mortgage guarantee insurance companies to permit the Insurance Commissioner to waive a minimum policy surplus requirement for up to two years. Under current law, a mortgage guaranty insurance company is not allowed to have outstanding total liability, net of reinsurance, under its aggregate mortgage guaranty insurance policies exceeding 25 times its capital, surplus and contingency reserve. The bill authorizes the Commissioner, at the request of the insurer, to conditionally waive the requirements for up to two years.

Kansas Uninsurable Health Insurance Plan Act – Creditable Coverage
The bill amends the Kansas Uninsurable Health Insurance Plan Act to add coverage of an individual under the State Children’s Health Insurance Program to the list of recognized creditable health insurance coverages.

Risk-Based Capital Instructions
The bill amends the effective date in current law for risk-based capital (RBC) instructions promulgated by the National Association of Insurance Commissioners which are currently effective December 31, 2008 to December 31, 2009.

Genetic Testing Requirements
The bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test or that adjust premiums based on a genetic test or the results of a genetic test. The measure specifies that genetic testing provisions in law apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits.

Kansas Insurance Score Act, Amendments; Extraordinary Life Circumstances
The bill amends the Kansas Insurance Score Act to create an exception to the Act for extraordinary life circumstances. Insurance companies that use credit information are required to provide reasonable exceptions to the insurer’s rates, rating classifications, company, tier placement, underwriting rules and guidelines at the written request of a consumer who has experienced and whose credit information has been directly influenced by extraordinary life circumstances. The bill outlines the circumstances where an exception would be granted and provides that if a consumer submits a request for an exception the insurer may require the consumer to provide information to support the request. In addition, the bill requires the insurer to, within 30 days of receiving sufficient documentation of the extraordinary life circumstance, inform the consumer of the outcome of the request. Insurers can grant an exception if a consumer has not made the request in writing for the exception or where the consumer asks for consideration of repeated circumstances.

Amendments to the Kansas Insurance Score Act
The bill amends the definition for “adverse action” to eliminate a notification of adverse action be provided to the consumer when the consumer is not receiving the best rate.

Look-back Requirement
The bill deletes the requirement that a credit report used for an insurance score be no older than three years old.

The conference committee report for HB 2501 passed 40 to 0 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2509- Victims of Child Pornography
HB 2509 creates a private cause of action for victims of child pornography that may be pursued through private counsel or by the Attorney General. To bring a civil action in state court against a producer, promoter or knowing possessor of child pornography, the plaintiff must allege and prove they were a victim of a sexual offense listed in the bill and that a portion of the sexual offense was used in producing child pornography while under the age of 18. The plaintiff must also prove they suffered personal or psychological injury as a result of the production, promotion or possession of child pornography. The bill does not allow for a defense the respondent did not know the victim or commit the abuse depicted in the pornography.

The measure allows prevailing plaintiffs to recover actual damages and costs of the lawsuit and provides for a minimum recovery of $150,000. If the action was taken by the Attorney General, all damages would be awarded to the victim but the Attorney General may seek reasonable attorney’s fees and costs.

In addition, the bill establishes a statute of limitations and requires the suit to be filed within three years after the conclusion of a related criminal case, notification of the victim by law enforcement of the child pornography and, if younger than 18, within three years after the victim reaches the age of 18. The measure provides a civil cause of action may not be filed against law enforcement officers, forensic examiners or child advocacy organizations for acts done in the performance of their duty.

The conference committee report for HB 2509 passed 40 to 0 on Tuesday, March 30. The bill awaits action by the House.

HB 2528- Forfeiture of an Appearance Bond
HB 2528 amends current law on court procedure for the forfeiture of an appearance bond by adding a provision establishing an appearance bond is revoked by the execution of an arrest warrant for the defendant for violating a bond condition. The bill gives the court discretion to set aside the forfeiture before the judgment of default if it is proven the defendant is incarcerated in the United States. In addition, the measure requires that no judgment may be entered against the appearance bond obligor until 60 days, or more, have passed since the notice was provided to the court clerk and no judgment may be entered against the appearance bond obligor more than two years after the defendant fails to appear.

The conference committee report for HB 2528 passed 40 to 0 on Tuesday, March 30. The bill awaits action by the House.

HB 2554- Economic and Revitalization and Reinvestment Act
HB 2554 makes technical corrections to the Economic Revitalization and Reinvestment Act to clarify that wind or solar energy businesses could be eligible for bonding for certain qualified development of manufacturing projects. The conference committee report for HB 2554 passed 40 to 0 on Tuesday, March 30. The bill awaits action by the House.

HB 2585- Journalist’s Shield Law
HB 2585 creates a journalist’s privilege regarding certain disclosures of information by defining journalist and clarifying a journalists is not required to disclose any previously undisclosed information or the source of that information gathered, while acting as a journalist, until the party seeking the disclosure shows the information is relevant to the proceeding for which the disclosure is sought, could not be obtained by alternative means and is of compelling interest. The bill defines compelling interests and defines interests that are not compelling. In addition, the measure clarifies the court is authorized to direct disclosure of the information if there is compelling interest and allows for the court to assess costs and attorney fees against a party that has no reasonable bases to request or resist such disclosures.

The conference committee report for HB 2585 passed 39 to 1 on Tuesday, March 31. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2605- Forensic Science and Laboratory Service Fees
HB 2605 requires the court to order any adult or juvenile convicted or diverted of a misdemeanor, felony or municipal ordinance violation to pay a separate court cost of $400 for each individual offense if forensic science, forensic laboratory or forensic computer examination services are provided in connection to the investigation. The bill allows a municipality that has an agreement with a laboratory providing services to set a restitution amount to be paid by the defendant for costs of the laboratory services instead of the statutorily set amount of $400. The measure prohibits courts from waiving or lessening the fee unless it determines the person is indigent and the determination reflected in the court order. Fees collected for the services are required to be deposited into the designated fund of the agency providing the service.

In addition, the bill requires persons convicted or adjudicated of certain offenses that require submission of a DNA sample to pay a separate court cost of $200 to the KBI DNA database upon conviction or adjudication. Upon a second or subsequent conviction, the person would be exempt from paying the fee if they can prove the fee was previously paid and no additional samples were taken for the existing conviction. Again, the measure prohibits courts from waiving or lessening the fee unless it determines the person is indigent and the determination reflected in the court order.

The conference committee report for HB 2605 passed 38 to 2 on Tuesday, March 31. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2652- Kelsey Smith Act Amendments
HB 2652 amends the Kelsey Smith Act to require all wireless telecommunications carriers in Kansas and all resellers of wireless telecommunications services to submit emergency contact information to the KBI. The KBI is required by current law to obtain the emergency information from the carrier and the bill changes the law to require carriers to annually submit the information by June 15 or immediately upon any changes to the information. The bill requires the KBI to maintain a database containing the emergency contact information and make it immediately available at the request of public safety answering points in Kansas. In addition, the measure extends the KBI deadline to form rules and regulations for fulfilling the bill’s requirements from July 1, 2010, to July 1, 2011.

The bill would take effect upon publication in the Kansas Register. The conference committee report for HB 2652 passed 40 to 0 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2656- Kansas Code of Civil Procedure
HB 2656 amends the Kansas Code of Civil Procedure to be in compliance with federal Rules of Civil Procedure by revising the law on the computation and extension of time, to clarify if the clerk’s office is inaccessible the filing time would be extended to the first accessible business day, to amend the current 10 day filing period for certain post-judgment motions to 28 days and to prohibit further extensions of the time period.

The conference committee report for HB 2656 passed 40 to 0 on Tuesday, March 30. The bill awaits action by the House.

HB 2666- Animal Health Department Fees
HB 2666 increases the statutory maximum allowed for of several fees in the Kansas Animal Health Department (KAHD) including: the renewal market licensing fee and electronic auction license fee from $40 to $250; per head for public livestock market operators and electronic auction operators on all livestock sold at the auctions and markets from $0.15 to $0.25; market license fee and electronic license fee for livestock market operators and electronic auction operators and owners, fee depends on the animal sold; application and renewal permit for raising domesticated deer from $100 to $150 and fine for failure to obtain a permit from $100 to $150. The bill requires all funding received from the fees to be deposited in the Animal Disease Control Fund.

The bill would take effect upon publication in the Kansas Register. HB 2666 passed 25 to 14 on Tuesday, March 30. The House also passed the measure and it was sent to Governor Parkinson for his consideration.

HB 2668- Recodification of the Kansas Criminal Code
HB 2668 recodifies the Kansas Criminal Code to clarify statutory language, reorganize the statutes to place them in a more user friendly order, reorder the statutes to reduce their number and to repeal statutory language no longer in use. The conference committee report for HB 2668 passed 40 to 0 on Tuesday, March 30. The bill awaits action by the House.