FLOOR ACTION
Confirmation Requests. Several confirmation appointments were read into the Senate this week and have been assigned to committees for consideration as follows:

Shawn Sullivan, as the Secretary of Aging, appointed by Governor Brownback, was assigned to the Public Health and Welfare Committee.
Deb Miller, as the Secretary of Transportation, appointed by Governor Brownback, was assigned to the Transportation Committee.

In committee, these individuals will undergo a hearing and then will be passed out either with or without recommendation for a vote by the full Senate. Several more confirmation requests are anticipated as the 2011 Session continues.

Approval of Appointments. On January 24, the Kansas Senate approved the following appointments:

Senator Janis Lee as the Chief Hearing Officer of the Court of Tax Appeals. Her appointment expires January 15, 2013.
David Sanford a member of the Kansas Health Policy Authority. His appointment expires March 15, 2013.

On January 27, the Kansas Senate approved the following appointments:
Franklin Diehl as a member of the Kansas Lottery Commission. His appointment expires March 15, 2012.
Kyle Elliott as a member of the Kansas Technology Enterprise Corporation. His appointment expires January 15, 2013.
Brigadier General Lee Tafanelli as Adjutant General. His appointment is at the pleasure of the Governor.
Jerome Williams as a member of the Kansas Human Rights Commission. His appointment expires January 15, 2013.
Nick Jordan as the Secretary of Revenue. His appointment is at the pleasure of the Governor.

COMMITTEE UPDATES
Assessment and Taxation Committee. The Committee held hearings on SB 10 Monday and passed the bill out of committee on Tuesday. Senate Bill 10 (An act concerning sales taxation; relating to countywide retailers; sales tax; Edwards County) allows Edwards County to put the question of a proposed 0.375% countywide sales tax increase for retailers before voters. The revenue from this increase would be used to finance the cost of economic development in areas where the county has lost growth.

Federal and State Affairs Committee. On Tuesday, the Committee held hearings on Franklin Diehl as a member of the Kansas Lottery Commission and Jerome Williams as a member of the Kansas Human Rights Commission. Both were appointed by Governor Parkinson and both passed out of committee. The committee also held a hearing on Brigadier General Lee Tafanelli as Adjutant General who was appointed by Governor Brownback. Tafanelli passed out of committee as well. The committee held hearings this week on SB 25 and SB 26, passing both bills out of committee on Thursday.

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 26. An ACT concerning the state lottery; relating to security audits; background investigation requirements. Currently, background investigations are required on all officers and directors of vendors performing the security audit and all persons who own 5.0 percent or more interest in the vendor. SB 26 changes current law so that background investigations are required only on the vendor that is awarded the security audit contract, those individuals who have a controlling interest in the vendor, and those staff members of the vendor specifically engaged in the audit. According to the Kansas Division of the Budget, “The Kansas Lottery indicates SB 26 would have no fiscal effect on its operations. The bill may increase the number of vendors that choose to apply to perform the security audit, which has the potential to lead to a more competitive bidding process and possibly lower costs for future security audits.”

Education. On Monday, the committee heard a presentation on Kansas’ Multi-Tier System of Supports (MTSS), being used by school districts throughout the state. MTSS is defined by the Kansas Department of Education as “a framework for school districts to align resources to support the learning success of each child, regardless of the level of support needed.” MTSS utilizes three tiers of instruction and support which allow teachers to work with children who are at different learning levels. The groupings are based on skill levels, and the children in the third tier are in need of the most support. Learn more at www.kansasmtss.org. The committee also heard presentations on Special Education Services and Technical Education in Kansas, as well as a presentation by Dr. Matt Ladner, author of Report Card on America. On Wednesday, the committee held a hearing on Senate Bill 8 (An act concerning information technology; relating to information technology projects). Currently, an IT project is covered by the IT act if it has an estimated cumulative cost of $250,000 or more. SB 8 creates a new definition of “IT project” for state universities under the control of the Board of Regents. State universities undertaking an IT project would not have to act pursuant to the IT act unless the project has an estimated cumulative cost of $1,000,000 or more.

Utilities. This week the committee heard presentations regarding the Chanute Broadband Initiative, Eagle Communications Broadband Expansions, and Nex-Tech Broadband Expansion activities. They also had hearings on Senate Bill 30 and Senate Bill 50. Senate Bill 30 (AN ACT concerning 911 emergency services; prepaid wireless fees, collection and distribution) allows for the collection of 911 fees at the point of sale on prepaid wireless services at the point of sale. Those who are under contracts are subject to different fees than those who use prepaid services as the wholesalers are currently responsible for the prepaid 911 service fees. Senate Bill 50 (AN ACT concerning emergency communications service; relating to fees, charges, collection and distribution) would create a new fee structure for the 911 fees, 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. Agriculture. In a joint meeting this week of the Senate Agriculture, Senate Natural Resources, House Agriculture, and House Natural Resources Committees, the Interim Dean and Director of the College of Agriculture at K-State’s Research and Extension gave an informational presentation on the work done by K-State Research and Extension. Research & Extension has 4-H clubs on all military bases in Kansas, they are rolling out a smoke management plan this year, and they will celebrate the grand opening of their Olathe Innovations Center in April.

Commerce Committee. (Courtesy of Senator Wagle) This week the Commerce Committee held a workshop on Unemployment Insurance for all committee members. Since Unemployment compensation is both a federal and a state program, it is important for members to understand the Federal requirements that have been placed on the fund and the cost to State employers if Federal mandates aren't met. In addition, the Committee expressed enthusiastic support for the nominations of both Secretary Karin Brownlee and Secretary Pat George. Their nominations have been forwarded to the full Senate by unanimous vote, and the committee applauded both Secretaries for their vision and their outstanding performance in the few weeks they have been serving in their new positions.

Financial Institutions and Insurance Committee. This week the committee continued hearing testimony on the Frank-Dodd Act. They heard from the Community Bankers Association, The Kansas Credit Union Association, the Heartland Community Bankers Association, and the Kansas Department of Credit Unions. These organizations represent community banks or credit unions and all expressed concerns over increased regulations, being forced to merge because of financial constraints, and having to increases fees to their customers. The committee also held hearings on SB 14 and SB 15. 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 for insurance coverage under an individual health insurance policy because that 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) is an annual update regarding insurance companies required by the National Association of Insurance Commissioners. Judiciary Committee. This week the Committee held hearings on the following bills and resolutions:

Senate Resolution 1807. Urging the Government of Turkey to respect the Ecumenical Patriarchate and to uphold religious rights. Peter Jouras, the Greek Orthodox Archdiocese from Overland Park, Kansas spoke in support of the resolution. He shared that while the Patriarch serves the ecumenical, worldwide Orthodox church, the Turkish Government restricts candidates to being Turkish citizens and the Turkish Government can veto any candidate for Patriarch. The U.S. Senate, Congress, and 32 States have similar resolutions.

Senate Bill 9. AN ACT concerning the code of civil procedure; updates and technical amendments. This bill is a follow-up to HB 2656 and conforms Kansas civil procedure statutes to the federal ones.

Senate Bill 24. AN ACT concerning domestic relations; relating to recodification of certain domestic relations matters. This bill will reorganize many domestic relations statues as a first step to try and update them. This bill does not make any substantive changes; it is essentially moving complex family issue statutes into a more logical order.

Senate Bill 23. AN ACT concerning juvenile offenders; relating to jury trials. SB 23 clarifies that a juvenile has the right to a jury trial in a felony or misdemeanor case, but would have to make the request in writing within 30 days of entering a plea of not guilty. SB 23 could potentially increase litigation in the courts because of possible requests for jury trials in juvenile cases. According to the Kansas Division of the Budget, “The fiscal effect [if there is an increase in jury trials] would most likely be accommodated within the existing schedule of court cases and would not require additional resources. The Juvenile Justice Authority indicates there would be no fiscal effect to agency operations resulting from the passage of SB 23. Any fiscal effect associated with SB 23 is not reflected in The FY 2012 Governor’s Budget Report.” Senate Bill 35. AN ACT concerning civil procedure; relating to attorney-client privilege and work-product protection. SB 35 sets out provisions for disclosure of communication or information covered by the attorney-client privilege or work-product protection. SB 35 updates definitions and makes technical corrections to current Kansas law. According to the Division of the Budget, “It does not appear that there will be a substantial fiscal effect to the Judicial Branch. A precise statement of fiscal effect cannot be given until the courts have had an opportunity to operate under SB 35.”

Senate Bill 38. AN ACT concerning children; relating to permanency; priority of certain orders. This is a clean-up bill from last year’s SB 460, which was passed into law. Language throughout that statute was not consistent. This bill would eliminate that problem by making technical corrections in removing the words “custody,” “residency,” or “parenting time,” and instead refer to orders in general throughout the law. SB 38 would have no fiscal effect.

Judiciary also continued hearings on Senate Bill 7 (An act concerning driving under the influence; creating the crime of refusing to submit to a test to determine the presence of alcohol or drugs; relating to testing; administrative penalties; crimes, punishment and criminal procedure). SB 7 requires an ignition interlock for drivers over age 21 who have refused a test, had a test failure, or were convicted for a DUI offense. Among the provisions of SB 7, are: criminalizes refusing to submit to a test to determine the presence of alcohol or drugs; provides a mechanism for early release from prison if a person convicted completes treatment programs; requires all courts to report dispositions of DUI cases to the central repository; allows for a KBI approved saliva test that can test for drugs in the system.

Ways and Means Committee. On Wednesday, the Departments of Revenue, Health and Environment, and Wildlife and Parks, gave briefings. On Tuesday, the committee held hearings on Senate Bill 16 (AN ACT making and concerning appropriations for the fiscal year ending June 30, 2011, for state agencies; authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts, disbursements and acts incidental to the foregoing). Commonly referred to as the Rescission Bill, it is designed to close budgetary gaps and end FY 2011 with a balance of $35 million, as recommended by Governor Brownback. The committee began working SB 16 on Thursday and will continue next week. Both the House and Senate have their own version of the bill. Thursday was the committee’s first chance to take a thorough look at the Rescission bill, ask questions, and analyze the issues. They plan to take another look at it next week.

Local Government. The committee held hearings on Senate Bill 40 this week. SB 40 (AN ACT concerning counties; relating to bidding requirements on certain contracts) 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.

Ethics and Elections. Senate Bill 17 passed out of committee this week. It provides for an increase in campaign contributions from $500 to $1000 for candidates running for the State Board of Education. On Thursday, Secretary of State Kris Kobach talked briefly about his 2011 legislative platform and introduced four bills, including the Military and Overseas Voter Bill and the Presidential Preference Primary cancellation bill. Two bills were introduced that would change the filing deadline for candidate filing and establish the number of candidates continuing on the General Election if a primary is held. Next Thursday, on February 3, there will be a hearing on Senate Bill 43, which would provide for a transfer of funds from one candidacy to another. This had been standard procedure until the Kansas Supreme Court ruled it was not allowed given that Kansas statutes did not provide for such a transfer.

Transportation. Citizens in communities bypassed by major highways came to share their stories and request a law that would open up a way for outdoor advertising on the same highways that bypassed their towns. The citizens discussed how, once the highways bypassed their communities and travelers could no longer see their towns, they experienced significant business and population declines. They indicated that highway signage would be one way to help revitalize bypassed communities.