Budget Update: On Tuesday, February 17, Governor Sebelius signed the 2009 rescission bill with the exception of the following six items, which were vetoed:

1.) Debt restructuring for KPERS Debt Service. Before debt restructuring can occur, the action must be approved by the State Finance Council. The Council had not met to approve the action by the time the bill was signed so the provision was vetoed
2.) Reduce base state aid per pupil by $33. The bill, as approved by the House and Senate reduced state base aid per pupil by $66.
3.) Eliminate the reduction of special education funding and continue at current levels.
4.) The $2.9 million transfer from the State General Fund to the Wichita Center for Graduate Medical Education.
5.) The $2.8 million transfer from the State General Fund to the Health Care Stabilization Fund.
6.) The transfer of $39 million from the State General Fund to the Kansas Bioscience Authority’s Bioscience Development and Investment Fund. Governor Sebelius’s veto limits the transfer to the Bioscience Authority to $35 million for FY 2009.

With the 2009 rescission bill complete, work on the 2010 budget will accelerate in order to get it finished by the second turnaround date.

Stimulus Transportation Projects: On Friday, February 20, Lieutenant Governor Mark Parkinson and KDOT Secretary Deb Miller announced $380 million in new transportation projects resulting from the federal stimulus package. The state has three years to use the federal funds for transportation projects. Projections from the Federal Highway Administration show that Kansas stands to gain over 10,000 jobs resulting from these projects.

KDOT used four criteria in determining which of the $1.2 billion in proposed projects would receive funding, safety enhancement, job creation, easing congestion, and stimulating the state and regional economies. For the approved projects, plans will be made available in April for contractors to prepare bids, letting will begin in May, and contractors are anticipated to be on sight in June.

There are four major projects that will be immediately funded from stimulus dollars:

1.) U.S. 69 in Overland Park from I-35 to 103rd street to address congestion issues and support economic development. Cost: $91 million

2.) I-135/47th Street interchange in Wichita to remove the bottleneck and provide a link to an underutilized area. Cost: $23 million

3.) K-23 in Gove County to enhance safety on a 16 mile stretch of road which lack shoulders and have steep side slopes creating a hazard for trucks hauling agriculture projects. Cost: $11 million

4.) K-62 in McPherson County to expand a 15 mile corridor from two lanes to four. This project will complete the final major Comprehensive Transportation Plan commitment. Cost: $88 million

Additional projects and efforts include:

1.) Beginning the four lane expansion of K-18 between Ft. Riley and Manhattan
2.) Kansas City Metro Area road projects, determined by Mid-America Regional Council. Cost: $22 million
3.) Wichita Metro Area road projects, determined by Mid-America Regional Council. Cost: $16 million
4.) Transportation Enhancement Projects in the form of bicycle and pedestrian trails and depot restoration. Cost: $10 million
5.) Urban transportation projects, determined by federal formula. Cost: $16 million

a. $6.6 million to Wichita
b. $2.8 million to Johnson County
c. $2.5 million to Topeka
d. $1.95 million to Wyandotte County Unified Government
e. $1.93 million to Lawrence
f. $16,000 to St. Joseph, Kansas

a. Cities and counties must apply
b. Applications are available today, February 20
c. Applications due March 13
d. Final decision on projects will be announced on March 20

In addition to the funds specifically for the state, $1.5 billion is available in a national pool for additional transportation projects but states must apply and be selected to receive funds and $1.16 billion is available in a national pool fund for aviation related projects. Secretary Miller believes the state has 80 airports that qualify for aviation funding. No specific funds are available for freight/rail but those projects are eligible for highway funds.

Included in this edition of Trunk Report is the complete information from the press conference.

Senate Comprehensive Energy Plan: This week the Senate Utilities Committee conducted hearings on SB 265, the comprehensive Senate energy plan. Hearings took place on Wednesday, February 18 and Thursday, February 19 and will continue on Friday, February 20.

The plan addresses the growing energy needs of the state by increasing production of renewable energies, improving conservation on energy usage by state agencies and buildings, and clarifying emission regulations.

With concentration on policies that are good for the environment, good for business, and good for ratepayers, SB 265 proposes the following: establish renewable portfolio and energy efficiency standards, create the facility conservation improvement program, assess the energy consumption of state owned and leased properties and report excess use to the Legislature, and clarify the emergency powers of the KDHE Secretary. In addition, the bill allows Kansans who produce their own electricity through solar sources to sell excess power to a utility company at a fair rate and directs the Secretary of KDHE to reconsider action applications filed after January 1, 2006 which involve air permits.

Autism Update: The Senate Financial Institutions and Insurance Committee has conducted hearings on SB 12, which would expand autism services coverage. However, a great deal of confusion has arisen on what is currently required by the mental health parity law and the new services proposed in SB 12. A considerable amount of disagreement has resulted regarding the cost of services, the feasibility of SB 12, and assistance from the federal government with autism service funding for schools and government programs. As a result, the Financial Institutions and Insurance Committee asked the Kansas Insurance Department to research the following before any action is taken on SB 12:

1.) Clarify the existing services covered by licensed insurers under the state’s mental health parity law and provide a list of insurers who do and do not provide coverage.

2.) Figure the cost of requiring that health insurance companies expand autism coverage. The committee has received several different figures on the real cost of new coverage.

3.) Explain the responsibility of insurers and educators. Determine if the sole responsibility falls on those who have insurance coverage or if public education or state agencies take a greater share of responsibility.

4.) Outline the potential impact of the federal stimulus package for autism coverage under Medicaid, SCHIP, and K-12 education and determine when, and if, federal funding will be available for assistance and what will be the requirements attached to the funding.

SB 9- Capital Improvements
SB 9 exempts construction projects at state universities which are financed by non-state moneys from certain requirements when hiring architects, engineers, and contractors for construction projects. Non-state moneys could include funding from tuition, fees, or federal funds.

The bill requires that construction contracts be let by the institution to the lowest bidder and requires a competitive bid process and extensive publication notice of bid solicitations. SB 9 was approved 40 to 0 on Thursday, February 19.

SB 25- Smoking Ban
SB 25 creates the Kansas Indoor Clear Air Act which bans smoking and makes smoking in certain areas a cigarette or tobacco infraction beginning January 2, 2010. The bill bans smoking in public places, taxis, limousines, restrooms, lobbies, and common areas in public and private buildings, condos, and multi-residential facilities, restrooms, lobbies, and common areas in hotels and at least 80 percent of hotel rooms, access points of all buildings unless exempt, and any place of employment.

Rooms or areas without a ceiling or roof or rooms with a ceiling or roof that is 75 percent open is exempt from the bill. Also exempt are outdoor areas of any building beyond the access points of the building, private homes (excluding daycares), designated smoking rooms in a hotel, tobacco shops, and long-term care units of medical facilities and adult care homes which have designated smoking areas with ventilation.

SB 25 requires employers to ban smoking at the workplace; adopt and maintain a written smoking policy that prohibits smoking at the workplace; communicate the smoking policy within a week of adoption to existing employees and to new employees once they are hired; provide copies of the respective smoking policy to current or potential employees upon request; and clearly post the international “no smoking” symbol on the premises of the workplace. The bill prevents employers from firing, refusing to hire, or retaliate against an employee, applicant, or customer if they are turned in for violating the provisions of the Kansas Indoor Clean Air Act.

Individuals in charge of preventing smoking in a place where prohibited and who fail to comply with any or all provisions set forth in SB 25 can be charged with a cigarette or tobacco infraction. The same infraction would be given to those who smoke in an area where smoking is prohibited. Fines for cigarette or tobacco infractions include $100 maximum for the first violation; $200 maximum for a second violation that occurs within a year of the first violation; and $500 maximum for a third or subsequent violation which happens within a year of the first violation.

During the floor debate amendments were attached to the bill which clarified the definition of an access point, removed the exemption for Kansas Soldiers Homes, added private clubs to the list of exemptions, and added casino and race track facilities to the exemption.

SB 25 was approved 26 to 13 on Tuesday, February 17.

SB 28- Unlawful Possession of a Controlled Substance
SB 28 amends existing law on authorized disposition for crimes committed on or after the adoption of the Kansas Sentencing Guidelines Act. The bill adds the penalty of driver’s license suspension or restriction to the penalties of unlawful possession of a controlled substance if it occurs while operating a vehicle on a highway or street.

There is no fiscal note to the bill but there is a potential for increased litigation in the courts. SB 28 was approved 35 to 4 on Wednesday, February 18.

SB 37- Golf Carts
SB 37 defines “golf cart” and makes it unlawful to operate one on a street with a speed limit exceeding 30 miles per hour or on a public highway or street unless given permission by local authorities.

If given permission by local authorities, a golf cart must be equipped with efficient brakes and brake lights, reliable steering, rearview mirrors, turn signals, red reflectors on the front and back, and a slow moving vehicle emblem. SB 37 was approved 37 to 2 on Thursday, February 19.

SB 39- Investment of Public Moneys
SB 39 gives school districts the opportunity to expand their investment authority by allowing them to invest idle funds into U.S. Government and agency securities, interest bearing time deposits, and repurchase agreements with a maximum maturity of four years. In order for the investments to be made, it must be approved by the Pooled Money Investment Board (PMID). The PMID, before approving investments, must review the policy to insure that it addresses liquidity, diversification, principal safety, yield, maturity, and that investment management staff are capable and qualified. In addition, investment management staff would must certify that procedures have been followed and have a list of any banks, savings and loans associations, and savings banks which the school district had requested bids from in the preceding year.

The intent of the bill is to enable school districts to fully maximize their investment potential for idle funds therefore reducing the taxpayer burden on school funding. SB 39 was approved 40 to 0 on Thursday, February 19.

SB 46- Sale of Real or Personal Property
SB 46 exempts a port authority from sale restrictions regarding the sale of real or personal property if the port authority has entered into a lease and/or purchase agreement before July 1, 1987. The bill allows the port authority to sell property to parties who paid for the rebuilding of the property. SB 46 was approved 39 to 0 on Wednesday, February 18.

SB 48- Enhanced Wireless 911 Service
SB 48 amends current law to extend funding terms for E-911 regarding wireless service and Voice over Internet Protocol (VoIP) service by one year to July 2, 2011. The bill also increases the population maximum for municipalities eligible to receive grant funding from 75,000 to 80,000.

In addition, the bill creates a twelve member committee comprised of six members from the State Senate and six from the State House of Representatives. The committee is charged with considering and making recommendations on nine issues involving the deployment of emergency communication systems and reporting the recommendations during the first week of the 2010 session. Effective December 1, 2009 the committee would no longer exist.

SB 48 was approved 40 to 0 on Thursday, February 19.

SB 53- Cereal Malt Beverages
SB 53 amends the Liquor Control Act by giving a city or county discretion on issuing a retail liquor license to a person, partnership or corporation if a member or stockholder of such businesses has owned 25 percent combined stock in a business which had its retailer’s license revoked due to a conviction of violating state cereal malt beverage laws or the Drinking Establishment Act.

The bill would increase tax revenues if more cereal malt beverage retail licenses are approved or retained, however, the revenue cannot be estimated. SB 53 was approved 40 to 0 on Thursday, February 19.

SB 58- Underground Utility Damage Prevention Act
SB 58 amends HB 2637 from the 2008 session which created the Underground Utility Damage Prevention Act by: removing the requirement for the member owned notification center to be classified as a public agency subject to open records and meetings laws, requiring the notification center to provide reasonable services to members, authorizing the KCC to review a fee, term, or practice used by the notification center and to order remediation of any violation the KCC believes to have occurred, deleting the size limit for Tier 3 facilities and bringing Tier 3 fees up to par with Tier 2 facility fees by 2014, clarifying the definition of “tolerance zone”, and delaying implementation of the act until January 1, 2010. SB 58 was approved 34 to 5 on Thursday, February 19.

SB 59- Primary Safety Belts
SB 59 changes current state seat belt laws by requiring that all passengers in a motor vehicle, regardless of age, wear a safety belt. Currently, law does not require adults sitting in a back seat to wear a seat belt but if pulled over for a traffic infraction a citation can be issued, in addition to the traffic citation. The bill changes existing law by allowing law enforcement officers to stop a vehicle for failure to abide by safety belt requirements.

In addition, the measure reduces the fines for seat belt violations from $30 to $25 but requires violators to pay a docket fee of $75. SB 59 was approved 23 to 17 on Thursday, February 19.

SB 60- Redevelopment Districts
SB 60 exempts transfers or sales of real property at the Kansas Army Ammunition Plant in Labette County and the former Sunflower Army Ammunition Plant in Johnson County from notices of sale or disposition, bids, and publications of notices. Currently, statute requires real properties located in redevelopment districts to be put up for bid before being sold. Proponents believe the bill will assist in redeveloping the two areas by speeding the transfer of property to businesses who desire to be located on the property. SB 60 was approved 39 to 0 on Wednesday, February 18.

SB 64- Kansas Water Appropriations Act
SB 64 modifies several provisions of the Kansas Water Appropriations Act. First, the definition of water right is amended to delete the word “voluntarily” in order to make it clear that a water right qualifies as a right with voluntary and involuntary transfer of land. Second, the bill clarifies that no person is able to acquire a new water appropriation right without obtaining a water right through the chief engineer. Third, SB 64 requires individuals seeking to acquire a new water appropriation rights to provide the chief engineer with evidence that admittance to and control of the point of diversion is legal. Finally, the bill clarifies the date of priority of every water right, not the purpose, determines the right to divert and use water when the supply is not sufficient to satisfy all water rights.

SB 64 was approved 40 to 0 on Thursday, February 19.

SB 69- Crime Stoppers Advisory Council
SB 69 creates the Crime Stoppers Advisory Council in the Attorney General’s Office. The purpose of the Advisory Council is to advise and assist with local crime stopper programs, promote crime detection and encourage citizens to report crime information, encourage the media to promote crime stoppers programs, assist crime stoppers programs in forwarding information on crimes to the appropriate law enforcement agency, help law enforcement agencies increase the information between other agencies, review training needs for crime stopper programs and provide support for training, help crime stopper programs gather resources to keep and report statistical data and to communicate between other crime stopper programs and law enforcement agencies, and provide additional assistance to help facilitate public safety.

The Advisory Council’s activity will be paid for by a $20 fee collected from offenders who are placed on probation, community corrections, or diversion. SB 69 was approved 35 to 5 on Thursday, February 19.

SB 72- Membership of a Credit Union
SB 72 amends provisions on the membership of Kansas chartered credit unions by spelling out that individuals who are credit union members can remain a member until they withdraw the membership or are expelled from the credit union. The bill expands the list of those who may be a credit union member and changes the definition of immediate family. However, credit unions whose bylaws have been adopted before June 30, 2008 can use the previous definition of immediate family. Also, SB 72 allows credit unions to establish a replacement branch if unable to continue operations resulting from a condition outside of its control, i.e. natural disasters.

SB 72 was approved 40 to 0 on Thursday, February 19.

SB 79- Filing Deadlines for Candidates
SB 79 moves the filing deadline up two weeks for national, state, county, and township candidates. Exceptions remain for instances when the deadline falls on a Saturday, Sunday, or holiday. SB 79 was approved 34 to 6 on Thursday, February 19.

SB 83- Kansas Autism Task Force
SB 83 re-establishes the Kansas Autism Task Force until December 31, 2009. Originally established during the 2007 session, the Task Force expired on December 31, 2008. The bill gives the Task Force an additional year to study and conduct hearings on issues relating to the needs of and the services available for individuals with autism. SB 83 was approved 40 to 0 on Thursday, February 19.

SB 84- Personal Financial Literacy Courses
SB 84 requires the State Board of Education to develop state curriculum standards for personal financial literacy for all grade levels to correspond with existing mathematics or other appropriate curriculum. The standards must include questions relating to personal financial literacy in statewide assessments. The bill also requires the State Board to encourage school districts, when selecting math, economic, accounting, or family and consumer science textbooks to contain substantial sections on personal finance. SB 84 was approved 40 to 0 on Thursday, February 19.

SB 87- Disclosure of Certain Records
SB 87 amends the Kansas Administrative Procedure Act (KAPA) and the Kansas Judicial Review Act (KJRA) in several ways to strengthen protections for fair and impartial adjudications without improperly sacrificing agency expertise or policy making duties. Among the provisions is a new section to KAPA which authorizes the name, address, and other contact information of an alleged crime victim to be deleted from any required notices, orders, or public record which could result in the victim’s health, safety, or liberty being put at risk.

A new section clarifies that the burden of proof must be clear and convincing for disputed issues and facts in cases that would revoke, suspend, modify, annul, withdraw, amend, or refuse to renew a person’s occupational and professional license.

A third provision authorizes state agencies to use summary proceedings if the monetary amount at issue does not exceed $100, the application has been denied after the applicant abandoned the application, the applicant has had an opportunity for administrative review and is still denied, the matter is solved on the sole basis of inspection, examination, or tests, and if the issue has a small impact on the affected parties.

SB 87 was approved 39 to 1 on Thursday, February 19.

SB 89- Public Records
SB 89 amends the provision list for the Kansas Open Records Act (KORA) on information not required to be disclosed to include insurance policy data. SB 89 was approved 40 to 0 on Thursday, February 19.

SB 103- Primary Elections
SB 103 deletes current requirements in three statutes dealing with school district, city, and community college primary elections which prohibit primary elections unless the election will eliminate two or more candidates for office or reduce the number of candidates in instances where the number of candidates is three times the number of elected officers or board members. In addition, the bill deletes the requirement that a primary election be held in order to reduce the number of general election candidates for each office to no more than three candidates.

Language is reinserted which requires school district and community college district boards to hold primary elections under certain circumstances and prohibits a primary election if there are no more than two candidates for any one office.

The bill has the potential to have a fiscal impact on cities because of election costs and the possibility of an increase in primary elections. SB 103 was approved 36 to 4 on Thursday, February 19.

SB 105- Public Adjusters Licensing Act
SB 105 enacts the Public Adjusters Licensing Act which governs the qualifications and procedures for licensing public adjusters. Public adjusters must be approved for licensure by the Insurance Commissioner and submit to criminal background checks and pay a $100 application fee. Adjusters who are not required to be licensed are those who negotiate or settle life or health insurance policies or annuity contracts. SB 105 was approved 33 to 7 on Thursday, February 19.

SB 117- Campaign Finance
SB 117 adds website, e-mail, and additional forms of Internet communication sent to 25 or more individuals to the list of publications that must include a statement indicating who paid for or sponsored the publications. If not included, the communication would be classified as corrupt political advertising. SB 117 was approved 40 to 0 on Thursday, February 19.

SB 119- Community Improvement District Act
SB 119 creates the Community Investment District (CID) Act which would promote and support economic development, including tourism and cultural activities. CID projects in the bill include capital improvements, infrastructure, and specific operational costs. These projects may be funded by the use of special obligation bonds, full faith and credit bonds, or pay-as-you-go-options.

Cities and counties are authorized to create a CID after receiving a petition signed by all landowners within the proposed district who seek financing through assessment and not full faith and credit bonds or a petition signed by over 50 percent of landowners and landowners who own over 50 percent of the assessed value of the land within the proposed district. If all landowners petition for a CID, a city or county can proceed with its creation and assessments without notice or hearing. If the second option is used, a city or county must adopt a resolution giving public notice of a hearing regarding the creation and financing of a CID.

During the floor debate an amendment by Senator Holland was approved requiring the sales tax to expire once a project is paid for.

SB 119 was approved 30 to 10 on Thursday, February 19.

SB 120- Kansas Investments for Major Projects and Comprehensive Training
SB 120 allows program costs under the Investment in Major Projects and Comprehensive Training Program (IMPACT) to include wages for new or retained employees during education or retraining. SB 120 was approved 40 to 0 on Thursday, February 19.

SB 122- Rebuilt Salvage Vehicles
SB 122 reduces the classification of rebuilt salvage vehicles by two classes. Any title issued on or after January 1, 2010 will have the reduction placed on it, including original vehicle registrations. In Kansas, tax values on vehicles are mostly based on the average value of a particular make and model of a vehicle.

The Division of the Budget estimates $300,000 in additional revenue will be generated from the re-titling of 37,500 vehicles. However, modifications to the Department of Revenue automated tax system will be required with passage of the bill costing $43,760. SB 122 was approved 38 to 1 on Wednesday, February 18.

SB 123- Antique Vehicle License Plates
SB 123 allows owners of registered antique vehicles to display a model year license plate originally issued by a Kansas municipality or a reproduction of a city issued license plate in lieu of a state issued license plate. The fiscal note for the bill is $720 for modifying the Vehicle Information Processing System.

SB 123 was approved 39 to 0 on Tuesday, February 17.

SB 134- Court Fees and Costs
SB 134 removes the statutory ban on the Kansas Supreme Court from charging a surcharge for court procedures. A surcharge is a separate fee, in addition to the docket fee, that is assessed when a case is filed.

In 2006, the Legislature passed House Sub for SB 180 making the Legislature the only entity that could establish a fee for court procedures. The bill allows the judiciary to use dollars resulting from the surcharge to offset the estimated 10 percent reduction in State General Fund dollars for the 2010 fiscal year.

SB 134 was approved 21 to 19 on Thursday, February 19.

SB 135- Kansas Open Meetings Act
SB 135 makes a technical amendment to the Kansas Open Meetings Act to clarify that serial meetings, with the exception for legislative meetings, are required to be open. SB 135 was approved 39 to 0 on Tuesday, February 17.

SB 137- Viatical Settlements
SB 137 amends the Viatical Settlements Act of 2002 to specify that the Act does not preempt, supersede, or limit any provision of state securities law or any rule, order, or notice issued under the Act.

The intention of the bill is to clarify the Security Commissioner’s Authority to investigate violations of the Kansas Uniform Securities Act involving viatical investments and to utilize a full range of legal options for the violation. SB 137 was approved 39 to 0 on Tuesday, February 17.

SB 138- Tax Increment Financing
SB 138 corrects and clarifies the terms of usage on Sales Tax and Revenue (STAR) bonds. The bill repeals the requirement that county appraisers certify increased assessments of real and personal property values on a yearly basis. In addition, the Secretary of Commerce is authorized in the bill to set a limit on the total amount of bonds issued by a city or county when financed by incremental revenue stemming from state sales tax. SB 138 was approved 40 to 0 on Thursday, February 19.

SB 139- Federal Home Loan Bank
SB 139 amends existing Insurance Code by including a Federal Home Loan Bank in the definition of a financial institution. The bill clarifies that the bank is authorized to have custody of insurance company assets. SB 139 was approved 39 to 0 on Tuesday, February 17.

SB 142- Safety Corridor Act
SB 142 creates the Safety Corridor Act allowing the Secretary of Transportation to designate certain highway segments as safety corridors. In safety corridors, fines for moving violations would be doubled and $25 of each fine would be deposited in the Safety Corridor Fund established in the bill. Also required is additional signage to inform drivers of the corridor and the increase in fines.

If implemented, the first safety corridor would be on U.S. 54/Kellogg Avenue in Wichita extending from the western city limit to the eastern. The Department of Transportation anticipates the creation of three other safety corridors within the first year of the implementation of the bill.

SB 142 failed by a vote of 18 to 22 on Thursday, February 19.

SB 145- Driving in the Right Lane
SB 145 amends existing law by requiring vehicles to drive in the right land when traveling on highways with two or more lanes going in the same direction. For roadways with three or more lanes going in the same direction vehicles are not to be driven in the far left lane.

Exceptions to the bill include: when overtaking or passing another vehicle; when preparing to make a proper left hand turn; when directed otherwise by traffic control devices; and when required to by other laws. Authorized emergency, law enforcement, Kansas Turnpike Authority, or Kansas Department of Transportation construction and maintenance vehicles are also excluded in the provisions.

Law enforcement officials are required to issue a warning citation during the first full year the bill is effect (until July 1, 2010).

The fiscal note is $6,000 for signs to inform motorists of the requirements. There is no anticipated fiscal impact on law enforcement agencies. SB 145 was approved 33 to 6 on Wednesday, February 18.

SB 148- Kansas Silver Alert Plan
SB 148 establishes the Kansas Silver Alert Plan. The equivalent of the Amber Alert, the Silver Alert notifies the public of a missing elderly person. The bill authorizes, but does not require, an immediate broadcast or a timely search as the individuals in question are adults who may decide to leave without notice. SB 148 was approved 37 to 1 on Wednesday, February 18.

SB 152- Motor Carrier Regulation
SB 152 requires the Kansas Corporation Commission to adopt rules and regulations for public or private motor carriers who haul gravel or carry loads that go above the sidewalls of a truck bed or trailer. Vehicles that haul gravel are required to have a securely fastened cover to prevent the gravel from escaping the vehicle. Loads that are above the sidewalls of a truck bed or trailer are required to be securely fastened to the truck bed or trailer. SB 152 was approved 39 to 1 on Thursday, February 19.

SB 154- Habeas Corpus
SB 154 amends current law on summary proceedings in a habeas corpus action to delete the provision requiring a judge to appoint a board of no less than two competent physicians to make an examination of any person restrained because of an alleged infectious or communicable disease.

The bill is a cleanup of a 2005 statute and will prevent the slowing down of the judicial process. SB 154 was approved 40 to 0 on Thursday, February 19.

SB 156- Corporations
SB 156 amends state law to coordinate the number of permissible members in a close corporation from 30 to 35 to conform the number to other state statutes and the U.S. Securities Act of 1933. SB 156 was approved 39 to 0 on Tuesday, February 17.

SB 158- Driver’s License Restrictions
SB 158 amends existing law on failure to comply with a traffic citation by allowing eligible drivers to have a restricted driver’s license instead of a suspended license. The driver is required to submit a written request for the license restriction and a $25 fee to the Division of Vehicles. If eligible, the driver can drive to and from work or school, for work related purposes, during a medical emergency, and to or from meetings or appointments ordered by the Court. The license is allowed to be restricted for up to one year or until the terms of the traffic citation is met. SB 158 was approved 40 to 0 on Thursday, February 19.

SB 159- Cigarette Sales
SB 159 amends the Requirements for Sale of Cigarettes Act to enhance enforcement of the Master Settlement Agreement (MSA) escrow statutes to ensure payments of MSA payments continue.

In 1998, Kansas was one of 46 states to accept a tobacco settlement negotiated with four major tobacco companies. As a result the 1999 Legislature passed legislation establishing a trust fund for tobacco settlement payments and created the Kansas Children’s Cabinet to advise the Governor and Legislature on programs funded by tobacco money.

To receive tobacco settlement funds, states must meticulously enforce certain laws guaranteeing that non-participating Tobacco Manufacturers to the MSA deposit a portion of proceeds from cigarette sales into specified accounts which provide funds for legal fees associated with tobacco lawsuits. However, the attorney general’s office is having a difficult time getting non-participators from cooperating with the payments into the account and the bill increases penalties for non-participating tobacco manufacturers who do not comply with making the deposit.

SB 159 was approved 40 to 0 on Thursday, February 19.

SB 160- Minimum Wage and Maximum Hours Law
SB 160 would raise the state minimum wage to $7.25 an hour from the current level of $2.65 an hour beginning January 1, 2010. The bill allows employers to include gratuity and tips received by an employee as part of their wages. For those who receive gratuity and tips, SB 160 sets a minimum wage of $2.13 an hour. However, if the employee fails to make an amount equal or greater to $7.25 an hour with tips and gratuity, the employer is required to make up the difference. SB 160 was approved 33 to 7 on Thursday, February 19.

SB 162- Disability History and Awareness
SB 162 requires the State Board of Education to designate on an annual basis that the last two weeks of January are Disability History and Awareness Weeks. The bill requires the state board to assist schools in developing curriculum, materials, and guidelines that local boards of education can use in implementing the education of disability history and awareness.

In addition, postsecondary educational institutions are encouraged to plan and carry out activities that provide education, understanding, and awareness of disabilities, disability history, and the disability rights movement.

To implement the bill, $3,000 is needed to cover the cost of curriculum planning meetings for the advisory committee meetings. SB 162 was approved 39 to 0 on Thursday, February 19.

SB 163- Consumer Protection Act
SB 163 amends the Kansas Consumer Protection Act (KCPA) to establish definitions for “lender” and “mortgage trigger lead” and to create a deceptive act or practice under the Act.

When prospective homeowners apply for a mortgage a credit check must be done by the institution they desire to receive the mortgage from. Once, the lending company requests a credit check, the applicants name and contact information is put on a list by the credit check agency who then sells the list to companies who also provide mortgages and financial assistance. However, companies who purchase the lists often contact the applicant to offer alternative mortgage rates and deals. SB 163 aims to protect banks by requiring companies who purchase the credit check list to disclose that the bank did not sell the information, that they are not affiliated with the bank, and to require that the first page of any paperwork sent by the solicitor to the applicant be in a different font and color than what is typical.

SB 162 was approved 39 to 0 on Thursday, February 19.

SB 168- Electronic Transactions
SB 168 prohibits individuals who have not been approved as a registered certification authority by the Secretary of State’s office from carrying out services which provide certification through a digital signature. The bill clarifies that registration of certification authorities is required.

In 2000, the Legislature adopted the Kansas Uniform Electronic Transactions Act (KUETA) which authorized businesses, state agencies, and citizens to conduct business electronically using a selection of electronic signatures. SB 168 was approved 39 to 0 on Wednesday, February 18.

SB 171- Sherman County; Board of County Commissioners
SB 171 allows the residents of Sherman County to vote on a proposal that, if approved, would allow the Sherman County Board of County Commissioners to be voted on at-large. Unless voters in Sherman County adopt the at-large election method, the statute created under SB 171 would expire on December 31, 2010. SB 171 was approved 38 to 1 on Wednesday, February 18.

SB 173- State Health Care Benefits
SB 173 amends existing state health care benefit law to allow retired public officers and employees who decide to no longer receive state health care benefits upon retirement to obtain coverage equal to what would have been given at retirement if they experience a “qualifying event.” A qualifying event includes: the death of a spouse of the retired officer or employee must have occurred or the retiree must be divorced or go through legal separation.

Retired officers or employees who retire after January 1, 2006 who elected not to continue state health care coverage will be allowed to obtain coverage under the bill. The retiree can only use the bill provisions once and must pay the full cost of health insurance coverage. SB 173 was approved 31 to 9 on Thursday, February 19.

SB 175- School Districts
SB 175 allows local boards of education to transfer funds to a community foundation by depositing the funds into a restricted account that is subject to any requirements or restrictions imposed on by the original donor. Money distributed from the account must be made for the benefit of the school district for a specific purpose from the original donor. SB 175 was approved 40 to 0 on Thursday, February 19.

SB 183- Waste Management Plans
SB 183 gives city and county governments the authority to implement an approved solid waste management plan using existing authority for levying fees and charges upon residents who receive solid waste management services. The bill also authorizes counties and cities to adopt regulations needed to carry out the operations of an approved solid waste management plan and to contract with outside entities to assist in carrying out the plan. SB 183 was approved 38 to 2 on Thursday, February 19.

SB 187- State Fire Marshal Commissioned Inspector Act
SB 187 allows the State Fire Marshal to appoint an employee of a state educational institution to inspect buildings in conjunction with the State Fire Marshal’s Office. The State Fire Marshal is still required to perform an annual inspection of the facilities. There is no fiscal note for the bill. SB 187 was approved 39 to 0 on Wednesday, February 18.

SB 200- Kansas Board of Healing Arts
SB 200 enacts and amends law regarding the State Board of Healing Arts concerning specific allied health professionals. Those included in the bill as allied health professionals are podiatrists, physician assistants, physical therapists, occupational therapists, respiratory therapists, athletic trainers, naturopathic doctors, and radiologic technologists. SB 200 allows the Board of Healing Arts to regulate the above professions in the same manner as they regulate medical doctors, osteopathic doctors, and chiropractors.

The bill allows the Board of Healing Arts to require the previously mentioned allied health professions be fingerprinted and submit to state and national background checks as part of an application or reinstatement for any license, registration, permit, or certificate. In addition, it requires the Board to create a searchable website on or before July 1, 2011 for the public which discloses the information of those who hold licenses issued by the State Board of Healing Arts. Finally, the bill allows the Board to issue a federally active license for physical therapists who practice only as an employee or who serve on active duty in a U.S. Government department, bureau, or agency.

The fiscal note for the measure is $80,000 for FY 2010 and $40,000 for FY 2011 to make substantial changes to the Board of Healing Arts electronic forms, database system, and website. SB 200 was approved 40 to 0 on Thursday, February 19.

SB 203- Secretary of Agriculture
SB 203 adds to and clarifies the authority of the Secretary of Agriculture regarding the Food Service and Lodging Act. The bill allows the Secretary to suspend or revoke the license of an establishment that fails to comply with standards after receiving written notice and at least 10 days to comply; issue a cease and desist after a notice is issued for a hearing when a person has engaged in an act or practice which violates the Food Service and Lodging Act; and temporarily suspend the license of a food processing plant or retail food store if they are endangering public health and safety.

The measure also clarifies that the Secretary has the power to deny, suspend, revoke, refuse to renew or modify a license to operate a food service establishment, lodging establishment, or food vending machines after the opportunity for a hearing passes and the licensee still fails to comply.

SB 203 was approved 38 to 2 on Thursday, February 19.

SB 219- Kansas Public Employees Retirement System
SB 219 implements a nine-month moratorium to the KPERS Death and Disability Plan. Currently, state and local employers who participate in KPERS contribute one percent of the compensation paid to the Group Insurance Reserve Fund which pays death and disability benefits.

This bill comes from Governor Sebelius as follow up legislation to the 2009 rescission bill (H. Sub for S. Sub. for SB 23) which suspended contributions to the KPERS Death and Disability Plan from March 1, 2009 to November 30, 2009. The anticipated balance in the fund is projected to be $11 million at the end of the 2010 fiscal year.

SB 219 was approved 39 to 0 on Wednesday, February 18.

SB 228- Property Tax Exemptions
SB 228 provides a property tax exemption for certain leased vehicles leased for at least one year beginning in the 2010 tax year if used for educational, scientific, religious, benevolent, or charitable purposes. SB 228 was approved 40 to 0 on Thursday, February 19.

SB 237- Scrap Metal
SB 237 amends existing scrap metal law under the Kansas Consumer Protection Act by expanding the definition of regulated scrap metal and providing a definition for bales of regulated, ferrous, and nonferrous metals, as well as junk vehicles, tin, and vehicle parts.

The bill makes it unlawful to sell scrap metal unless the seller provides to the scrap metal dealer their sex, date of birth, fingerprint, and identifying number from a U.S. government passport or ID; requires scrap metal dealers to record information on a transaction and on those who were involved; makes it unlawful for a scrap metal dealer to purchase regulated scrap metal without a statement indicating that the metal is free of encumbrances and not stolen; makes it unlawful for a scrap metal dealer to purchase a junk vehicle from an inspector without inspecting the vehicle and recording the VIN and obtaining the vehicles title or bill of sale; makes it unlawful or any scrap metal dealer to purchase or receive scrap metal from a minor; specifies a list of scrap metal that is illegal to purchase without obtaining proof that the seller is authorized to sell the scrap metal; and makes it unlawful for the scrap metal dealer to dispose, alter, or destroy any scrap metal believe to be stolen for 30 business days.

SB 237 was approved 33 to 7 on Thursday, February 19.

SB 238- Cockfighting
SB 238 amends current law regarding the unlawful conduct of a cockfight to include causing any gamecock to kill another and grooming, preparing, or medicating any gamecock with the intent of having it kill another. The bill also increases the penalty for cockfighting from a class B nonperson misdemeanor to a level 10 nonperson felony and creates the crime of the unlawful possession of cockfighting paraphernalia as a class A nonperson misdemeanor. SB 238 was approved 38 to 2 on Thursday, February 19.

SB 240- Mortgage Regulation
SB 240 enacts new law and amends the Uniform Consumer Credit Code (UCCC) and the Kansas Mortgage Business Act (KMBA) by amending and establishing standards for the regulation of mortgages and mortgage loan originators. The bill specifies the computation of time regarding UCCC policies, clarifies the powers of the administrator and prohibited practices of mortgage loan originators, amends and adds definitions for loan originator, loan processor or underwriter, and clerical or support duties, gives participation requirements for the nationwide mortgage licensing system and registry, amends licensure for mortgage businesses, creates criteria for application registration denials, amends surety standards, and specifies prohibited practices. SB 240 was approved 40 to 0 on Thursday, February 19.

SB 249- Substitution of Drug Products
SB 249 places an exception to the requirement that pharmacists fill all prescriptions exactly as directed by the prescriber. The bill would allow a pharmacist to fill a prescription for an orally administered drug in a different manner than prescribed if the patient submits to the change; the change does not increase the cost of filling the prescription; and the substitute contains the exact same amount of active ingredients as prescribed, the substituted dosage is not an enteric-coated or time-release product, and the prescription form is consistent with the desired outcomes.

Pharmacists are not allowed to dispense an oral prescription differently than directed if the prescriber specifically indicated that drug is to be distributed as communicated or if the substituted dosage includes a product mixed by a pharmacist.

During the floor debate, an amendment was attached to the bill by Senator V. Schmidt that ensured the bill applies solely to oral medicines and not compounded medications.

SB 249 was approved 40 to 0 on Thursday, February 19.