2009 Rescission Bill
On Thursday, February 12 the House and Senate both passed the conference committee report for the 2009 rescission bill. House Sub. for Senate Sub. for SB 23 was approved by a vote of 27 to 11. With passage of the bill, Ways and Means Subcommittees now have a baseline to work with for creating the 2010 fiscal year budget.

Turnaround Information
All non-exempt bills must be out of committee no later than the start of session on Wednesday, February 18, and must be read in that same day in order to be considered on the Senate floor.

2009 Senate Comprehensive Energy Plan
On Thursday, February 12 the 2009 Senate Comprehensive Energy Plan was introduced in the Senate Ways and Means Committee. Hearings will begin on Wednesday, February 18 in the Senate Utilities Committee.

State of the Judiciary
On Tuesday, February 10 the Senate joined the House of Representatives in a Joint Session to hear the State of the Judiciary. Chief Justice Robert Davis reviewed the goals of the Judiciary and encouraged members of the Legislature to attend court sessions. In addition, the Chief Justice asked members of the House and Senate to cut as little as possible from the judiciary as 97 percent of state allocated funds go to salaries.

SB 16- Kansas Pharmacy Act
SB 16 clarifies that donating, accepting, transferring, distributing, or dispensing any drug approved by the Cancer Drug Repository Program and the Utilization of Unused Medications Act does not violate the Kansas Pharmacy Act. Proponents believe the bill will resolve potential conflicts between the Pharmacy Act and statutes implementing the Cancer Drug Repository and Unused Medications Programs. SB 16 has no fiscal note. There were no amendments added to the bill during the floor debate. SB 16 was approved 40 to 0 on Tuesday, February 10.

SB 26- Drug Offenses
SB 26 increases the sentence for individuals convicted of a drug crime that carried, brandished, or discharged a gun while committing the crime. For possessing a firearm, the offender’s sentence would result in an additional 12 months. Those who brandish a firearm will receive an additional 15 months to their sentence. Individuals who discharge a firearm will have an enhanced sentence of 24 months. SB 26 was approved 33 to 6 on Tuesday, February 10.

SB 31- Continuing Education Requirements for Behavioral Sciences
SB 31 requires all baccalaureate, master, and special clinical social workers to undergo at least six hours of social worker training before renewing their license for the first time. The training must include self protection awareness and exercises. Effective January 1, 2010, those who have received earlier training are not required to complete additional training. The bill has a fiscal note of approximately $2,650 to the Behavioral Sciences Regulatory Board in additional administrative costs. SB 31 was approved 32 to 8 on Tuesday, February 10.

SB 33- Board of Pharmacy
SB 33 allows the State Board of Pharmacy to require that a person be fingerprinted and submit to state and national criminal background checks as part of an application for, or reinstatement of, licensure, registration, permit, or certificate. The bill also permits the Board to submit fingerprints and the criminal background check results to the Kansas Bureau of Investigation and the Federal Bureau of Investigation; use the provided information to verify the identity of an applicant in determining the qualifications of the individual; and fix and collect a fee that would reimburse the Board for the cost of administering the fingerprinting and criminal background check.

Provisions included in SB 33 require local and state law enforcement to comply with the Board of Pharmacy in taking and processing fingerprints and to release all records of convictions, non-convictions, and adjudications of an applicant while an adult. Also, the bill increases the Board of Pharmacy membership from six to seven members while extending terms to four years from three.

During floor debate and amendment was added to the bill by Senator V. Schmidt. The amendment would allow the Emergency Medical Service Board to require fingerprinting and criminal background checks for applicants. Currently the Board of Healing Arts and the Board of Nursing have these powers but the EMS Board does not. SB 33 was approved 35 to 5 on Tuesday, February 10.

SB 55- Federal Services Absentee Ballots
SB 55 amends existing campaign finance law regarding overseas absentee voters, campaign finance report delivery, and campaign fund transfers. Currently, voters who live overseas receive ballots which do not include options to vote on local questions, state constitutional amendments, or political party precinct committee positions. The bill would require that overseas voters receive ballots that include local and state issues.

SB 57 was amended into the bill by the Senate Ethics and Elections Committee. It revised the method by which last minute campaign finance reports are delivered to the Secretary of State by eliminating the hand or express mail delivery options. The hand and express mail delivery options forced the Governmental Ethics Commission and the Secretary of State’s office to remain open on the Saturday and Sunday before an election. However, there were no last minute reports delivered in person or by mail and both offices have asked that the options be deleted.

Finally, SB 55 allowed political candidates to transfer existing campaign funds for a state or local race to another state or local race for which they intend to run. This section is the result of a December 2003 Kansas Supreme Court Ruling which prohibited former State Representative Carlos Mayans from transferring funds from his legislative campaign fund to his campaign account for Mayor of Wichita. The ruling was counter to the position of the Kansas Governmental Ethics Commission which issued several memos stating that transfers were permitted. This section was deleted by a floor amendment offered by Senator Hensley during the floor debate. SB 55 was approved 37 to 1 on Thursday, February 12.

SB 56- Advance Voting Ballots
SB 56 allows an individual to deliver a voter’s advance ballot only if the voter gave written permission on the ballot envelope. Currently, another individual can send on a ballot without written permission from the voter.

The bill also restricts options for the return of advance voting ballots to county election offices. As always, the voter can return the ballot in person or via mail. If another individual is designated to deliver the ballot, that person must mail or personally deliver the ballot in the designated envelope to the county election office. However, the envelope must include the voters name and a signed statement verifying the voter was not influenced by the individual handling the ballot.

During the floor debate Senator Vicki Schmidt proposed an amendment that would require a date to be provided with the signature on the ballot envelope. Also included in the amendment was the requirement that language be placed on the envelope which indicates that failure to intentionally not turn in a ballot be a level nine, nonperson felony. SB 56 was approved 29 to 9 on Thursday, February 12.

SB 61- Prison Made Goods
SB 61 amends existing law to allow the Secretary of Corrections to enter into a contract with private landlords to repair damage that may result from a tenant who is under release supervision of the Department of Corrections.

The language in this bill is identical to that in SB 517 from the 2008 session. The bill passed out of the Senate but died in the House Committee. There is no fiscal note with the bill. SB 61 was approved 39 to 0 on Tuesday, February 10.

SB 62- Tuberculosis Prevention
SB 62 creates new and amends existing law regarding tuberculosis by requiring the Secretary of Health and Environment to adopt rules and regulations which establish guidelines for tuberculosis prevention at all postsecondary educational institutions in Kansas. The goal of the plan is to reduce the risk and transmission of tuberculosis.

In addition, the bill requires all postsecondary educational institutions to develop and implement a tuberculosis prevention and control plan with the assistance of the Department of Health and Environment. Students who are not in compliance with tuberculosis rules and regulations are prohibited from attending classes, enrolling for subsequent semesters, or obtaining transcripts or diplomas until they are in compliance.

This bill is a joint effort between the Kansas Attorney General’s Office and the Kansas Department of Health and Environment to give KDHE the statutory power to formulate the rules and regulations set forth in SB 62. There is no fiscal note to the bill. SB 62 was approved 34 to 4 on Thursday, February 12.

SB 66- District Courts, Change In Venue
SB 66 amends existing law regarding documentation transfers when a venue is changed in court cases involving care and treatment for individuals who are mentally ill or have an alcohol or substance abuse problems. SB 66 authorizes the district court which issues the change of venue to send an electronic copy of the entire case file to the receiving district court; send an electronic copy of the transfer order to the treatment facility where the individual in being detained, evaluated, or treated; and send a fax or electronic copy of the entire case file to the patient’s county of residence, if not the receiving county. SB 66 was approved 39 to 0 on Tuesday, February 10.

SB 68- Prosecuting Attorneys’ Training Fund
SB 68 increases the amount of the district court docket fee allocated to the Prosecuting Attorneys’ Training fund from $1.00 to $2.00. Remaining funds from docket fees are transferred to the State General Fund once the required disbursements have been made to agencies required to receive portions of the fees. Since remaining funds from docket fees are transferred to the State General Fund once required payments are made to agencies, the bill has the potential to decrease revenues going to the State General Fund and other state agencies. During the floor debate, an amendment by Senator Terry Bruce was attached to the bill that would increase the docket fee for criminal cases by $1. The additional fee would go to the Training Fund instead of taking the funds from the overall docket fee fund. SB 68 was approved 24 to 14 on Thursday, February 12.

SB 70- Uniform Principal and Income Act
SB 70 creates a new law concerning the Uniform Principal and Income Act (UPIA) which permits a trustee to change or redefine income so distributions to beneficiaries are decided by a unitrust distribution formula. The formula allows the trustee to issue a fixed percentage of the assets to the beneficiary as income each year. The bill is a technical bill but could increase court litigation cases due to the creation of unitrust. SB 70 was approved 39 to 0 on Tuesday, February 10.

SB 71- Elections
SB 71 mirrors existing political candidate campaign finance law for groups who are formed to promote the success or defeat of a local question. The bill would require donations and receipts to be reported by these groups. During the floor debate, an amendment by Senator Huelskamp was attached to the bill which would make it unlawful to use taxpayer dollars to promote or defeat a question on the ballot. SB 71 was approved 38 to 0 on Thursday, February 12.

SB 73- School Finance
SB 73 provides an alternative formula to school districts for calculating their local option budget by allowing them to calculate the local option budget using a base state aid per pupil (BSAPP) of $4,433 for any school year which has an actual BSAPP of less than that amount. SB 73 bill authorizes a school district to calculate the local option budget for special education and related services by using the amount appropriated for state aid for the 2008-2009 school year. The bill gives school districts an additional tool in determining budgets for the next three school years. No amendments were added to the bill during the Senate debate. SB 73 was approved 38 to 1 on Tuesday, February 10.

SB 91- Development Rights
SB 91 extends vesting rights to developers from five years to 10. In the bill, if construction has not started on a plot of land after 10 years the rights of development will expire. Developments, with the exception of residential developments, must have 35 percent of the project complete within 10 years of the issuance of the required building permits. If not, the development rights to the project will expire. This bill was drafted to help eliminate building obstacles that have arisen in the Junction City area. With the return of Big Red One, area developers are creating and revitalizing projects to address housing needs and many have been slowed by problems surrounding the expiration of development rights. SB 91 was approved 36 to 3 on Tuesday, February 10.

SB 95- Contraband in a Correctional Institution
SB 95 expands the crime of trafficking contraband in a correctional institution to include care and treatment facilities. The bill defines a care and treatment facility as a state security hospital or facility operated by SRS that cares for and treats sexual predators who are involuntarily committed. Firearms, ammunition, explosives, or controlled substances are classified as contraband which is considered a level five, nonperson felony when carried into a care and treatment facility. The Secretary of SRS is authorized in the bill to define contraband and make trafficking of such products a level six, nonperson felony when transported into a care and treatment facility. Finally, employees of a care and treatment facility who transport contraband in a facility are subject to a severity level five, nonperson felony.

During the floor debate an amendment from Senator Bruce removed parking lots at correctional facilities and care and treatment facilities from the bill. As a result articles of contraband listed in the bill are not considered unlawful when in the parking lot of said facilities. SB 95 was approved 36 to 2 on Thursday, February 12.

SB 97- Liquor Enforcement Tax
SB 97 clarifies the powers of the Director of Alcoholic Beverage Control regarding the revocation or suspension of licenses and the ability to levy fines against retailers who do not file and pay liquor enforcement taxes in a timely manner. In committee, the bill was amended to further clarify that the revocation, suspension, or fine for failing to pay liquor enforcement taxes is extended to farm wineries, microbreweries, and distributors. The bill was formed at the request of the Department of Revenue to clarify that the same enforcement provisions in the Liquor Drink Tax Act also apply with the Liquor Enforcement Tax Act. The bill is not expected to have a significant impact on state tax collections. The Senate debated the bill on Monday, February 9. SB 97 was approved 40 to 0 on Tuesday, February 10.

SB 98- Income Tax Adjustments and Refund Claims
SB 98 clarifies the following income tax refund claim deadlines. Taxpayers have three years from the date of the original return due date, including extensions, to file a refund claim. The Department of Revenue has 180 days after receiving a revenue adjustment report to review additional taxes. Finally, if a taxpayer fails to report a revenue adjustment in a timely manner the Department of Revenue can tax the 180 day review period. This practice has been used by the Department of Revenue but has never been put in statute. SB 98 was approved 36 to 2 on Thursday, February 12.

SB 118- Campaign Finance
SB 118 requires the electronic filing of campaign finance reports by candidates running for statewide offices. The bill provides uniformity among all statewide candidate reports and expedites the process for making the reports searchable. SB 118 was approved 34 to 4 on Thursday, February 12.

SB 126- Controlled Insurance Programs Act
SB 126 enacts the Controlled Insurance Programs Act. The act creates requirements for liability insurance coverage purchased by an owner or contractor who then contracts with other contractors or subcontractors for construction projects. The controlled insurance programs in the act include fixed term coverage programs on a single construction site and wrap-up insurance programs.

In addition, the bill requires controlled insurance programs to: