Kansas Legislative Report
For the week of February 24 to February 27
(Information derived from the Senate Majoriy Leader's office)

Stimulus Money Review
On Wednesday, March 4, Chris Whatley, Director of the Council of State Governments will be giving an overview of federal stimulus funds to the House Appropriations Committee and Senate Ways and Means Committee. Senators are encouraged to attend either the 9:00 a.m. Appropriations meeting in room 143-N or the 10:30 a.m. Ways and Means meeting in room 545-N.

House Coal Bill
On Thursday, February 26 the House debated Substitute for House Bill 2014 regarding energy, conservation, and efficiency. The bill passed by a vote of 79 to 44 on Friday, February 27.

SB 74- Cash-Basis Law Exceptions
SB 74 amends existing cash-basis law by creating an exception for school districts when late state aid payments cause expenditures to exceed revenues. The bill allows the state to make the final state aid payment for the 2008/2009 school year to school districts after June 30.

In current law, the delayed payment would cause districts to violate cash-basis law and require districts to note the violation. However, there is no sunset in the bill, allowing the provision to be on-going in nature.

SB 74 was approved 38 to 2 on Thursday, February 26.

SB 107- Bingo Games
SB 107 amends the Bingo Act to increase the prize limits for bingo games. The limit is increased from $50 to $100 per regular bingo session, the aggregate prize value limit is increased to $1,500 from $1,200, the limit on special bingo prize is increased from $500 to $1,000, and the non-monetary prize per session limit was increased to $100 from $25. The bill repeals the mandatory card price of $1 per card and replaces it with a maximum price of $3.

Other bill provisions include: allowing the sale of instant bingo tickets from one hour to two hours before the start of a bingo game, repealing the provision allowing only three games of instant bingo in a session, and allowing bingo games to be conducted on a premises four days a week instead of three.

The Department of Revenue estimates the bill would generate $167,000 in FY 2010, $112,000 which would be deposited into the State General Fund and $55,000 into the Bingo Regulation Fund. However, the estimate is based on the frequency that bingo can be played and the removal of certain playing and prize limits.

SB 107 failed 10 to 29 on Thursday, February 26.

SB 115- Fire Departments
SB 115 allows firefighters to temporarily block a public highway while fulfilling their official duties. Current law allows firefighters to block a highway for fighting a fire but official duties of firefighters have expanded to include hazardous material incidents, emergency medical services, car accidents, and other duties that may require firefighters to temporarily block a highway. SB 115 was approved 40 to 0 on Thursday, February 26.

SB 178- Amusement Rides
SB 178 exempts home-owned amusement rides from inspections and required operator training by the Kansas Department of Labor. The bill defines home-owned amusement rides as rides by a not-for-profit entity, operated within a single county by volunteers for 12 days or less per year. SB 178 was approved 40 to 0 on Thursday, February 26.

SB 215- Appointments of Boards, Commissions, and Officers
SB 215 makes technical fixes brought forth by the revisor’s office resulting from passage of SB 21 from the 2008 session. The bill clarifies background check and tax clearance procedures for non-gubernatorial appointments subject to Senate confirmation. SB 215 was approved 40 to 0 on Thursday, February 26.

SB 225- Low-Income Family Postsecondary Savings Accounts Incentive Program
SB 225 indefinitely extends the Kansas Postsecondary Education Savings Program. The bill limits the State Treasurer from approving more than 300 applications from a single congressional district unless fewer than 300 applications are approved in a congressional district. Applications to participate in this program are approved on a first come, first served basis.

If appropriations are made to the program, the state is required to match participant contributions on a dollar-for-dollar basis, providing they are more than $100 but less than $600 in the calendar year for which they were approved to participate.

SB 225 was approved 40 to 0 on Thursday, February 26.

Agriculture
This week the Senate Agriculture Committee held hearings on SB 231 proposing to transfer the powers and duties of the animal health department and state conservation commission to the Department of Agriculture. Hearings on the bill were held on Tuesday, February 24 and Wednesday, February 25.

Assessment and Taxation
The Senate Assessment and Taxation Committee met on Thursday, February 26, to hold hearings on SB 264 and SB 266. Senate bill 264 proposes amending the date that county clerks are required to levy the ad valorem tax to October 1. The previous date was August 25. SB 266 would allow the Board of Trustees for a community college to levy a tax on tangible and taxable property of the community college district for maintaining the operations of the community college.

Commerce
On Thursday, February 26 the Senate Commerce Committee met to hold hearings on SB 108. The bill expands the bonding authority granted to the aviation industry during the 2008 session to include bonding for the wind and solar energy industries.

Education
The Senate Education Committee was the recipient of several presentations this week. On Wednesday, February 25, the Committee heard presentations on the Kansas Academy of Math and Science by Dr. Edward H. Hammond, President of Fort Hays State University; Ron Keller, Director of the Kansas Academy of Math and Sciences; Dr. Debbie Mercer, Dean of the Fort Hays State University College of Education; and Taylor Clark of St. John High School. Also, on Wednesday the Mark Tallman with KNEA and Dale Dennis, Deputy Commissioner of the Department of Education reviewed federal stimulus funds for education.

Presentations on the Kansas Independent College Association were given on Thursday, February 26, by Doug Penner, President of the Association and Dr. Diane Steele, President of the University of St. Mary.

Ethics and Elections
On Wednesday, February 25, the Senate Ethics and Elections Committee met to conduct hearings on SB 268 regarding e-mail voting. The bill would allow voters residing outside of the United States, members of the U.S. armed forces and their spouses to apply for registration and absentee ballots by e-mail. In addition, the voter can request that a ballot be sent to them via e-mail and returned by e-mail to the county election officer.

If an individual chooses to vote by e-mail they must include the following statement with their ballot, “I understand that by faxing or electronically mailing my voted ballot I am voluntarily waiving my right to a secret ballot.’’ The statement must also contain a voter’s signature and date.

Federal and State Affairs
Among the hearings held in the Senate Federal and State Affairs Committee was SCR 1608, amending Article 15 of the Kansas Constitution to eliminate discrimination based on sex. Hearings were held on Tuesday, February 24 and proponents and opponents appeared before the committee is to voice their opinions on the concurrent resolution.

Financial Institutions and Insurance On Wednesday, February 25, the Senate Financial Institutions and Insurance Committee held hearings on SB 167 proposing to increase the enforceable limit on hospital liens and SB 275 concerning exemptions for certificates of title.

Hearings on SB 174 and SB 241 were conducted by the committee on Thursday, February 26. SB 174 would remove mandatory participation requirements for group life insurance and SB 241 involves the regulation of distressed property consulting services.

Judiciary
This week the Senate Judiciary Committee conducted hearings on state DUI laws and abolishing the death penalty. On Tuesday, February 24 and Wednesday, February 25 the committee held hearings on SB 278 which creates the Kansas DUI Commission and increases penalties for those convicted of driving under the influence.

The purpose of the Kansas DUI Commission is to review past and existing state DUI laws, review DUI laws of other states, review effective practices that change DUI behavior, and to develop a legislative proposal to change DUI behavior and provide significant DUI penalties.

In addition, the bill increases penalties for individuals convicted of DUI for a third time by classifying the conviction as a nonperson felony punishable by a minimum 90 day prison sentence and $2,500 fine. Individuals convicted for a fourth or more DUI violation are guilty of a nonperson felony, 180 day minimum prison sentence, and a $2,500 fine.

After a third or subsequent DUI conviction, violators may lose their license for up to one year.

On Thursday, February 26 the Senate Judiciary Committee began hearings on SB 208 which, if adopted, would abolish the death penalty effective July 1, 2009. For individuals sentenced to death before July 1, 2009, the original death penalty would still apply.

In 1994, Kansas re-enacted the death penalty but an execution has not been carried out in the state since 1965. Currently, eleven persons have been sentenced to death in Kansas. Proponents believe that abolishing the death penalty would result in significant savings to the state and point to statistics which state the estimated cost of a death sentence case is approximately 70 percent more than non-death penalty cases.

The Judiciary Committee is anticipated to work SB 208 next week.

Natural Resources
On Thursday, February 26, the Senate Natural Resources Committee held hearings on SB 184, the Surface Owner Notice Act. The Act would require gas operators to notify surface owners at least five business days before they begin oil and gas procedures on the surface area. The bill specifies that gas operators must provide surface owners with a copy of the notice and procedure details before starting work on the surface area.

Public Health and Welfare
The Senate Public Health and Welfare Committee held informational briefings, this week, on implementing data-driven policy through Medicaid transformation and the Wichita Graduate Medical Information Program.

Continued hearings on SB 147 and SB 248 were also held by the committee this week. SB 147 would require the Department of Health and Environment to adopt rules and regulations establishing guidelines for routine screening pregnant women and newborns for HIV. The bill passed favorably out of the committee and is up for consideration of the Senate. SB 248 creates a statewide logging system for methamphetamine precursor sales.

Transportation
The Senate Transportation Committee continued their discussion on the formulation of a new comprehensive transportation plan this week. The committee has been looking at the plans and funding of previous transportation plans to help develop a proposal for new comprehensive transportation legislation. In addition, the committee favorably passed out SB 153 regarding motor vehicles and of the Kansas Corporation Commission. The bill is now up for consideration by the Senate.

Utilities
On Tuesday, February 24, the Senate Utilities Committee heard a presentation on Electric Energy Rates by Don Low with the Kansas Corporation Commission. The committee continued hearings and discussion on SB 265, the comprehensive Senate energy plan, on Wednesday, February 25.

Ways and Means
This week the Senate Ways and Means Committee continued receiving subcommittee reports on the FY 2010 budget. Subcommittees reported their budget recommendations for: Department of Administration, Human Rights Commission, Kansas Corporation Commission, Citizens Utility Ratepayer Board, Kansas Guardianship Program, Attorney General, Secretary of State, Insurance Commissioner, State Treasurer, Department of Transportation, Governmental Ethics Commission, Lottery Commission, Racing and Gaming Commission, University of Kansas, Kansas State University, Kansas State University-Veterinary Medicine, Kansas State University-Extension, Wichita State University, Board of Regents, University of Kansas Medical Center, Emporia State University, Fort Hays State University, and Pittsburg State University,

Also, hearings were held by the committee on SB 165 regarding state water plan fund increases, SB 21 concerning a special capital outlay levy for insurance and utility services for school districts, SB 252 relating to the health care costs of criminal offenders in the custody of the Department of Corrections and Juvenile Justice Authority, and SB 141 regarding the transfer of KHPA Inspector General to the Division of Post Audit.

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