Kansas Legislative Report
For the week of February 23-26
(Information derived from the Senate Majoriy Leader's office)

Smoking Ban
On Thursday, February 25, the House concurred with the Senate on HB 2221, the Clean Indoor Air Act by a vote of 68 to 54. The bill now heads to Governor Parkinson for his consideration.

Appointments
This week, the Senate approved the following appointments:

  • John P. Smith as Credit Union Administrator by a vote of 38 to 0.
  • Ed McKechnie to the Kansas Board of Regents by a vote of 39 to 0.
  • James Needham to the State Banking Board by a vote of 39 to 0.
  • Joanne M. Budler as State Librarian of Kansas by a vote of 39 to 0.

SB 460- Priority of Permanency Orders
SB 460 amends several statutes to clarify the priority of orders concerning children by clarifying several provisions in current law surrounding children in need of care (CINC) or juvenile offender (JO) actions. The bill also amends several statutes regarding nonparental residency, residency, child custody, parenting time, visitation, child placement and permanent custodian orders.

In June 2008, the Kansas Supreme Court issued an option stating that juveniles 14 years of age or older who are charged with a felony have a right to a jury trial under the Constitution of the State of Kansas. As a result, the Kansas Judicial Council’s Juvenile Offender/Child in Need of Care (JO/CINC) Advisory Committee recommended SB 460 to address the affected CINC provisions of the ruling.

The bill clarifies and codifies current practices regarding children in need of care and juvenile offenders and has no negative impact to the State General Fund. SB 460 passed 39 to 0 on Thursday, February 25.

SB 478- Kansas Cigarette and Tobacco Products Act
SB 478 amends the Kansas Cigarette and Tobacco Products Act by redefining the definition of cigarettes and defining little cigars. The bill defines a little cigar as a roll of tobacco wrapped in leaf tobacco or material with tobacco that weighs no more than three pounds per 1,000 units. Under the bill, little cigars would be considered cigarettes and be subject to the cigarette tax.

The measure requires reports to be filed electronically to the Director of Taxation by vending machine distributors, distributors and wholesale dealers. Also, the bill allows for a license application to be rejected if the applicant has been convicted of a felony, convicted of any regulated substances law or has had a license revoked in the immediate ten years preceding the application date.

Finally, the bill requires cigarette stamps to have legible characteristics with serial numbers and eliminates the requirement that cigarette stamps have water applied stamps and meter imprints.

The bill has little impact to the State General Fund. SB 478 failed 18 to 21 on Thursday, February 25.

Sub. for SB 513- Project Delivery Building Construction
Sub. for SB 513 amends the Alternative Project Delivery Building Construction Procurement Act and amends existing law to include district hospitals in the alternative delivery building construction process. Currently, county commissions and unified school districts are involved in the alternative delivery building construction process.

The bill makes a technical change by replacing “general contractors or construction manager” with “firm” and defines firm as any individual, partnership, joint venture, corporation or legal entity engages in the business of providing construction management or general construction contracting services. SB 513 passed 39 to 0 on Thursday, February 25.

SB 532- Licenses of Alcoholic Beverages
SB 532 amends the Kansas Liquor Act by allowing a spouse of a retail liquor license applicant to hold a farm winery license and a microbrewery license. In addition, the bill allows holders of a farm winery license to also hold a microbrewery license and vice versa. Current law does not allow a liquor retailer to have a beneficial interest in a manufacturer, distributor, farm winery or microbrewery.

The bill has no negative impact on the State General Fund. SB 532 passed 39 to 0 on Thursday, February 25.

HB 2411- Schedule I Drugs, K2
HB 2411 amends the Kansas Uniform Controlled Substances Act to expand the list of Schedule I controlled substances to include the chemical compounds HU-210, JWH-018, JWH-072, BZP and TFMPP. The bill is nearly identical to SB 348 which passed the Senate earlier in the session except that it includes TFMPP. The bill would become effective upon publication in the Kansas Register. HB 2411 passed 37 to 1 on Thursday, February 25.

Assessment and Taxation
The Senate Assessment and Taxation Committee held a hearing on SB 548 regarding sales and property tax authority for counties to support technical colleges.

Commerce
This week the Senate Commerce Committee received an overview of tax credits and economic development incentives by Secretary of Revenue, Joan Wagnon and a comprehensive review of State Housing Programs by Steve Weatherford, President of the Kansas Development Finance Authority. The committee also held a hearing on the Community Services Block Grant.

Education
The Senate Education Committee, this week, held a confirmation hearing on the appointment of Ed McKechnie to the Kansas Board of Regents and a hearing on SB 539 regarding a revision of school finance laws. The committee received a presentation by Dan Bryan with the Legislative Post Audit Department on K-12 Education: Reviewing the Potential for Cost Savings from Reorganization of Kansas school districts. Superintendant Jerry Cullen with USD 254 Barber County North, Superintendant Robert A. Schiltz with USD 297 St. Francis and Superintendant Bill Seidl with USD 419 Canton-Galva also appeared before the committee to present a presentation on their respective school districts.

Ethics and Elections
This week the Senate Ethics and Elections Committee held hearings on SB 443 regarding contribution limits for State Board of Education candidates and SB 542 on changing the April primary election to August.

Federal and State Affairs
The Senate Federal and State Affairs Committee held a confirmation hearing on the appointment of Joanne M. Budler as State Librarian and a hearing on HB 2445 on the use of land adjacent to military installations.

Financial Institutions and Insurance
The Senate Financial Institutions and Insurance Committee, this week, held hearings on HB 2491 regarding the definition expansion of creditable individual health insurance, HB 2500 on certificates of authority approved by the insurance commissioner and SB 517 pertaining to the Kansas Automobile Injury reparation Act. The committee also held hearings on HB 2501 concerning the liability limit wavier to mortgage guaranty insurance companies and HB 2160 regarding insurance claim payment without dual endorsement. Both HB 2500 and HB 2501 favorably passed out of committee and are up for consideration by the Senate.

Judiciary
This week the Senate Judiciary Committee held hearings on the following bills:

  • SB 494 – Providing for the exercise of the functions of sheriff by the undersheriff
  • SB 522 – Consent to adoption and termination of parental rights; factors to consider in weighing whether a parent must consent to a stepparent adoption; factors to consider when terminating a parent’s right
  • SB 520 – Employment of county and city prisoners, credit on fines and costs earned
  • SB 521 – Amending qualifications for Secretary of Corrections
  • SB 504 – Personal and family protection act; amendments
  • SB 523 – Enacting the Kansas Racketeer Influences and Corrupt Organization Act (Kansas RICO Act)
  • SB 524 – Increasing penalties for unlawful sexual relations and requiring offender registration; increasing penalties when staff traffic in dangerous contraband in a correctional facility.

The committee voted to favorably pass out SB 494 and SB 399 regarding aggravated endangering a child. Both bills are now up for consideration by the Senate.

Natural Resources
The Senate Natural Resources Committee, this week, continued hearings on proposed EPA regulations and received geospacial data from Brownie Wilson with the Kansas Geological Survey. In addition, Tom Stiles with the Kansas Department of Health and Environment appeared before the committee to provide an update on total maximum daily loads and to give a presentation on water nutrient management.

Public Health and Welfare
This week the Senate Public Health and Welfare Committee held hearings on HB 2275 regarding the establishment of a drug screening program for cash assistance recipients and HB 2411 concerning criminalization of certain synthetic cannabinoids. The committee also favorably passed out HB 2323 pertaining to the employment of persons providing care services and Sub. SB 501on the licensure and educational requirements of perfusionists. Both bills are now up for consideration by the Senate.

Transportation
The Senate Transportation this week held hearings on SB 538 regarding the extension of school bus exemptions, HB 2437 concerning fees for Kansas arts license plates and SB 544 on the definition of a metropolitan area. Hearings were also held on HB 2436 pertaining to the Michael Hugh Breeding memorial bridge, HB 2535 on designating part of K-61 Highway as the John Neal memorial highway and SB 480 concerning license plates. HB 2436 and HB 2535 were both favorably passed out of committee and are now up for consideration by the Senate.

Utilities
This week the Senate Utilities Committee continued discussion on House Sub for Sub SB 48 concerning emergency telephone service fees, charges, collections and distributions. Corey Mohn, Agribusiness Development Specialist with the Department of Commerce appeared before the committee to review broadband mapping.

Ways and Means
The Senate Ways and Means Committee, this week, held hearings on SCR 1627 pertaining to the establishment of a “rainy day” fund for Kansas, SB 541 on delaying the 14th judge position for the Court of Appeals until January 2012 and SB 546 concerning the quality assurance fee on skilled nursing care facilities. The committee also received a briefing on the enhanced Medicaid match. SB 541 favorably passed out of the committee and it is now up for consideration by the Senate.

The committee received subcommittee recommendations on the Governor, Lieutenant Governor, Attorney General, Secretary of State, Insurance Commissioner, State Treasurer, Department of Administration, Department of Education, Larned State Hospital, Osawatomie State Hospital, Rainbow Mental Health Facility, Parsons State Hospital, Kansas Neurological Institute, State Conservation Commission, Kansas Water Office and Department of Wildlife and Parks.

The following subcommittees met this week to continue work on recommendations for the fiscal year 2011 budget:

  • Subcommittee on Health and Environment
  • Subcommittee on Legislative Officials and Health Care Stabilization Fund
  • Subcommittee on Parole Board, KBI, Cpose
  • Subcommittee on Department of Revenue
  • Subcommittee on EMS, Sentencing Commission, Fire Marshal, Highway Patrol, Adjutant General
  • Subcommittee on Veterans Affairs and Soldiers and Veterans Homes

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