Kansas Legislative Report -- Week of January 31
Here is this week's legislative report:

FLOOR ACTION
Appointments. On February 3, the Senate confirmed the following appointments of secretaries to the Governor’s cabinet:

  • Pat George as the Secretary of the Department of Commerce. His appointment is at the pleasure of the Governor.
  • Karin Brownlee as the Secretary of the Department of Labor. Her appointment is at the pleasure of the Governor.
General Orders. On February 3, the Kansas Senate considered and approved the following bills and resolutions:
    House Concurrent Resolution 5003. This changes the second house bill consideration deadlines to March 23, 2011, during the 2011 regular session and to March 21, 2012, during the 2012 regular session.

    Senate Bill 40. AN ACT concerning counties; relating to bidding requirements on certain contract. SB 40 adjusts K.S. A. Supp. 19-214 to allow county commissioners to waive the bidding process, in the case of an emergency as defined by the bill and declared by county commissioners, on repairs on county courthouses, jails, buildings, bridges, highways, roads, dams, turnpikes, or other related structures or stand-alone parking lots in excess of $25,000.

    Senate Bill 25. AN ACT concerning alcoholic beverages; authorizing issuance of special event retailers' license for sales of cereal malt beverage. This bill allows counties or cities to issue special event retailer’s licenses to sell cereal malt beverages at venues for a period not longer than three days.

    Senate Bill 17. AN ACT concerning elections; relating to campaign finance. It provides for an increase in campaign contributions from $500 to $1000 for candidates running for the State Board of Education.

    Senate Bill 14. AN ACT concerning the Kansas uninsurable health insurance plan act; pertaining to lifetime limits; pertaining to participation in plan by certain children. This bill would add into existing statute that a child under the age of 19 is eligible to purchase insurance coverage through the state’s high-risk plan when coverage is not for sale in the county where the child lives. The bill also increases maximum lifetime benefits.

    Senate Bill 15. AN ACT concerning insurance; relating to risk-based capital requirements for certain insurers. This is an annual update regarding insurance companies required by the National Association of Insurance Commissioners.

    Senate Resolution 1807. Urging the Government of Turkey to respect the Ecumenical Patriarchate and to uphold religious rights. This resolution urges the Government of Turkey to grant the Ecumenical Patriarch appropriate international recognition.

    Senate Bill 13. AN ACT concerning postsecondary technical education. This bill clarifies language in existing statute regarding career technical schools.

COMMITTEE UPDATES
Education. This week the committee held hearings on the following bills, all of which were passed out of committee:
    Senate Bill 11. AN ACT concerning school districts; relating to transportation of pupils residing on the Leavenworth military reservation. “SB 11 would allow USD 207-Fort Leavenworth to provide transportation for any student in 10th through 12th grades who reside on the Fort Leavenworth military reservation, but who are enrolled and attend high school in USD 453-Leavenworth. According to the Kansas Department of Education, there are approximately 100 students who live on the Fort Leavenworth military reservation who are eligible for transportation to USD 453-Leavenworth. Since these students are not currently counted in the enrollment of USD 207, these students would be added to the transportation weighting to USD 207-Fort Leavenworth, which would result in approximately $550 state aid per student in FY 2012. As a result, enactment of SB 11 would result in additional transportation aid from the State General Fund totaling $55,000 (100 students x $550). Any fiscal effect associated with SB 11 is not reflected in the FY 2012 Governor’s Budget Report” (Kansas Division of the Budget).

    Senate Bill 13. AN ACT concerning postsecondary technical education. The primary purpose of this bill is to clean up terminology and clarify the language in existing statute.

    Senate Bill 21. AN ACT concerning school districts; relating to school finance. This bill amends current law to give school districts the clear statutory authority to spend taxes levied on motor vehicles and recreational vehicles.

Utilities. The committee continued hearings on SB 50, which would create a new fee structure for the 911 fess, as well as creating a 911 coordinating council. The current statutes concerning the 911 system and fees are set to sunset on July 1, 2011.

Commerce Committee. This week the committee held hearings on SB 77, which deals with unemployment. They will continue hearings on this bill into next week. Due to the elevated number of individuals receiving unemployment insurance benefits, and consequently, an unprecedented demand on the Unemployment Insurance Trust Fund, the Trust Fund has been depleted and there was an acquisition of more than $100 million in Title XII loans. To address this challenge, SB 77 would Establish an Employment Security Interest Assessment Fund; Reinstate the one week waiting period on all new claims filed for unemployment insurance benefits; Eliminate the benefit eligibility for relocating spouses (excluding those spouses of members of the United States Armed Forces); Create an incremental increase in the taxable wage base; and Expand the number of negative reserve ratio groups from 10 to 20 and increases the maximum allowable surcharge from 2.0% to 4.0%.

Judiciary Committee. This week the committee passed out Senate Bills 35 and 38, and held hearings on the following bills:

    Senate Bill 12. AN ACT concerning civil procedure; relating to bankruptcy; exempt property; earned income tax credit. This bill provides that an individual in bankruptcy may exempt their right to receive earned income tax credits.

    Senate Bill 34. AN ACT concerning driver's licenses; relating to habitual violators; motorized bicycle. SB 34 would allow a habitual violator whose driver’s license has been revoked to apply for and be issued a class C license for the operation of motorized bicycles. The Department of Revenue indicates that the costs associated with SB 34 would be negligible and could be absorbed within existing resources. Senate Bill 37. AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; payment of fines; employment of county and city prisoners. Currently, prisoners who are employed earn no less than $5 a day. This bill allows for prisoners in city or county jails, who are employed, to earn credit toward fines at no less than $5 an hour.

    Senate Bill 60. AN ACT concerning criminal procedure; relating to appeals. This bill is at the request of the Kansas Supreme Court. It would ensure that direct appeals on behalf of criminal defendants who are sentenced pursuant to Jessica’s Law or departures from Jessica’s Law go first to the Court of Appeals rather than the Supreme Court.

    Senate Bill 62. AN ACT concerning civil procedure; relating to the Kansas standard asset seizure and forfeiture act; court costs. This bill would amend the law to allow for a docket fee may be assessed by the court in asset forfeiture cases. Currently, there is no express authority for the court to assess the docket fee when the object of the forfeiture proceeding is cash and no sale occurs. Ethics and Elections. This week the committee held hearings on Senate Bill 43, AN ACT concerning certain public officers and employees; relating to the use of unexpended campaign funds. SB 43 would allow candidates for office to transfer leftover campaign finance funds from one candidacy to a campaign fund for another candidacy. The bill would require all funds in the original campaign account to be transferred. The bill would have no fiscal effect.

Public Health and Welfare. This week the committee held hearings on Senate Bill 33, known as the School Sports Head Injury Prevention Act. This bill requires the compilation of information on concussions and head injuries in high school athletics and the risks involved when athletes continue playing or practicing after a concussion or head injury. The information and a release form will be required of all student athletes before participating in school sports, and additionally requires that a student suffering from a concussion or head injury cannot return to playing without an examination and clearance from a licensed health care provider.

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