Senate Bill 22- No-Fund Warrants
SB 22 authorizes the issuance of no fund warrants by local boards of education without State Board of Tax Appeals approval for paying teacher salaries if the district does not have funds to do so. The district can pay back the warrants with any available revenues. If revenues are unavailable or insufficient to pay for the warrants, the board of education can make no more than two annual tax levies to pay for the warrants. Authority for school boards to issue warrants is given until June 30, 2012. SB 22 was approved 23 to 17 on Thursday, March 19.

Senate Bill 75- Governmental Consolidation and Reorganization
SB 75 authorizes a city or county to establish, by joint resolution, a consolidation study commission for preparing and adopting a preliminary plan for city-county consolidation and to address abolishing other political and taxing subdivisions in the county.

Final consolidation plans must be submitted to voters in the next general election asking if they want the city and county to be consolidated and if they want political and taxing subdivisions located in the county to be abolished and the duties transferred to the consolidated city-county. No city can be consolidated with the county if a majority of voters do not approve the consolidation. If separate votes are required, the consolidation must be approved by a majority of voters in the county’s unincorporated area and within each city.

Currently, if a city and county want to consolidate, they must get approval from the Kansas Legislature. If approved, the bill would no longer require legislative approval.

SB 75 was approved 27 to 11 on Thursday, March 19.

Senate Bill 93- Joint Committee on Special Claims Against the State
SB 93 reduces the requirement that each chamber is required to appoint two attorneys from their body to the Joint Committee on Special Claims to one. SB 93 was approved 40 to 0 on Thursday, March 19.

Senate Bill 205- Refunding of Bonds
SB 205 amends existing law on the issuance of bonds to refund outstanding bonds. Currently, the Kansas Development Finance Authority (KDFA), at the request of the Secretary of Administration, can issue bonds to refund outstanding bonds at maturity of the bonds or before the bonds mature. The bill allows KDFA to refund outstanding bonds only if approved by the Legislature or State Finance Council. SB 205 was approved 31 to 9 on Thursday, March 19.

Senate Bill 208- Abolishing the Death Penalty
SB 208 repeals the crime of capital murder in Kansas by eliminating the death penalty sentence effective July 1, 2009. For individuals who have been sentenced to death before July 1, 2009, the penalty still applies.

Individuals who are convicted of the following crimes are subject to receive a sentence of life in prison without the possibility of parole:

• Premeditated killing and kidnapping, or aggravated kidnapping, with the intent to hold a victim for ransom;
• Premeditated killing of any individual as part of a contract or agreement;
• Premeditated killing by an inmate or prisoner incarcerated in a state correctional institution, community correctional institution, or jail or in the custody of an officer or employee of the correctional institution;
• Premeditated killing of an individual in addition to committing the crimes of rape, criminal sodomy, aggravated criminal sodomy, or any attempt thereof;
• Premeditated killing of a law enforcement officer;
• Premeditated killing of more than one individual or in situations where two or more related acts are carried out in similar manners;
• Premeditated killing of a child under the age of 14 in conjunction with the crime of kidnapping or aggravated kidnapping, when committed with the intent to commit a sexual offense on or with the child or with the intent the child commit or submit to a sex offense.

After three hours of debate on Monday, March 16, the Senate, by voice vote sent SB 208 back to the Judiciary Committee for further work.

Senate Bill 214- Waste Tire Management Fund
SB 214 amends existing law on KDHE grants awarded under the Waste Tire Management Program by clarifying that public and private schools are eligible for grants to purchase products made from recycled tires. The bill revokes the grant program sunset of June 30, 2009. SB 214 was approved 40 to 0 on Wednesday, March 18.

Senate Bill 218- Farm Wineries
SB 218 amends the Kansas Liquor Control Act by allowing a winery to sell their product at a farmer’s market. Wineries are restricted, in the bill, to selling their product one day a week. SB 218 was approved 40 to 0 on Wednesday, March 18.

Senate Bill 238- Woman’s Right to Know Act
SB 238 makes several changes to the Woman’s Right to Know Act. The Act requires specific information to be provided by a physician to a woman before an abortion is performed on the woman. The bill adds the following requirements:

• Physicians must determine if continuing the pregnancy will cause substantial and permanent harm to a pregnant woman before performing an abortion. For a minimum of 10 years, a physician must maintain documentation of the physicians diagnosis supporting terminating the pregnancy;
• Physicians must provide contact information for free counseling and free perinatal hospice services;
• Physicians must meet with each woman for no less than 30 minutes prior to an abortion to answer questions and provide information about the procedure;
• Physicians who perform abortions and use ultrasound equipment must provide a pregnant woman with an opportunity to view and receive an ultrasound at least 30 minutes prior to the abortion. In writing, the physician must document the woman was offered the opportunity for an ultrasound and include the woman’s signed acceptance or rejection of the offer.
• Physicians who perform abortions and use heart monitoring equipment must provide the pregnant woman with an opportunity to listen to the heartbeat of the unborn child at least 30 minutes prior to the abortion. In writing, the physician must document the woman was offered the opportunity to hear the child’s heartbeat and include the woman’s signed acceptance or rejection of the offer.
• In facilities that perform abortions, information must be clearly posted stating the rights of women regarding abortions. This provision does not apply to facilities that perform abortions only to prevent the death of the pregnant woman.
• The Kansas Department of Health and Environment (KDHE) must produce a video that includes all available information to women under the Woman’s Right to Know Act. All information, video or printed, must be available in English and Spanish and be accessible on the KDHE website.

SB 238 was approved 32 to 6 on Tuesday, March 17.

Senate Bill 247- Club or Drinking Establishment Licensure
SB 247 amends the Club and Drinking Establishment Act by allowing a city or county governing body to request the Director of the Division of Alcoholic Beverage Control (ABC) to hold a hearing, at any time, on the licensure revocation of a club or drinking. Currently, a city or county can request a licensure hearing at the time of initial licensing or annual licensure renewal.

The bill requires a governing body to provide reasonable cause to the ABC director that a hearing is necessary. The director can refuse the request if reasonable cause is not provided. The director can also suspend or revoke a license or refuse to renew a license based on the evidence presented. SB 247 was approved 40 to 0 on Thursday, March 19.

Senate Bill 255- Statewide Public School Levy
SB 255 reviews for the 2009-2010 and 2010-2011 school years, the mandatory school district general fund property tax levy of 20 mills. If not renewed, the local contribution for the school finance formula would be reduced for FY 2010 by an estimated $574.9 million and $605.6 million for FY 2011. SB 255 was approved 40 to 0 on Thursday, March 19.

Senate Bill 269- Civil Procedure
SB 269 adds prostitution, promoting prostitution, and patronizing a prostitute to the list of offenses that could lead to civil forfeiture of assets. SB 269 was approved 40 to 0 on Thursday, March 19.

Senate Bill 274- Kansas Scenic and Heritage Backroads Act
SB 274 establishes the Kansas Scenic and Heritage Backroads Program to promote and enhance tourism while increasing understanding and appreciation of the state’s heritage by using locally designated routes not part of the state highway system. The program must also show the importance of preserving, protecting, and enhancing the state’s scenic, historic, and cultural resources. SB 274 was approved 40 to 0 on Thursday, March 19.

Senate Bill 285- KAN-ED Funding
SB 285 amends statutes on expenditures from the Kansas Universal Service Fund (KUSF) to provide $10 million in funding to the Kan-Ed program through June 30, 2012. Funding for Kan-Ed from the Universal Service Fund was set to end in FY 2009. The fiscal note shows no impact to the state but the potential to increase fees to consumers. SB 285 was approved 37 to 3 on Thursday, March 19.

Senate Bill 293- All-terrain Vehicles
SB 293 increases the size requirements for classification of all-terrain vehicles by increasing the maximum width from 48 to 50 inches, increasing the maximum dry weight from 1,000 to 1,500 pounds, and increasing the maximum rim diameter from 12 to 14 inches. Today’s all-terrain vehicles are larger than when the original all-terrain vehicle definitions were enacted and the bill clarifies which vehicles may be classified as all-terrain vehicles. SB 293 was approved 40 to 0 on Thursday, March 19.

Senate Bill 297- Governmental Ethics
SB 297 covers substantial interest statements filed by state educational institution faculty members making an annual salary exceeding $50,000. The bill deletes the requirement that employees file a statement of substantial interest with the Kansas Governmental Ethics Commission and instead requires employees to annually file the written substantial interest statement with their employing state institution. Currently, employees file two statements, one with the Governmental Ethics Commission and a second with the employing institution creating additional and unnecessary work for the Ethics Commission. Passage of the bill would result in reduced Governmental Ethics Commission expenses of $7,000.

During the floor debate Senator McGinn attached an amendment to the bill requiring lobbyists to include the date a food or beverage was provided to an elected official when reporting expenditures. A second amendment was attached to the bill by Senator Huelskamp requiring certain members of the judicial branch as well as members of Supreme Court Nominating Commission and Commission on Judicial Qualifications to file a judicial disclosure report with the Kansas Supreme Court. SB 297 was approved 39 to 0 on Thursday, March 19.

Senate Bill 299- Underground Hydrocarbon Storage Wells
SB 299 amends current law regarding hydrocarbon storage wells by adding a definition for company or operator which includes any legal entity, including but not limited to, corporations, limited liability companies, and limited or general partnerships. SB 299 was approved 40 to 0 on Thursday, March 19.

Senate Bill 300- Permits for Oversize or Overweight Vehicles
SB 300 increases the single-trip permit and annual permit fees charged by KDOT to oversize or overweight vehicles. Single-trip permits are increased from $5 to $25 and annual permit fees are increased from $125 to $150. For large structures exceeding certain width and height limits, single-trip permit fees will cost $30 and $50 will be charged for extremely heavy superloads.

None of the fees listed, with the exception of the proposed fees for large structures and superloads, have been changed since 1998. The Division of Budget anticipates the bill could increase KDOT revenues by $1,495,615.

SB 300 was approved 37 to 2 on Wednesday, March 18.

Senate Bill 302- Intermodal Transportation Projects
SB 302 creates the Intermodal Transportation Revolving Fund to provide assistance to governmental units for intermodal transportation projects. For governmental units to be eligible for assistance, they must have an intermodal facility project costing $150 million or more. Projects could include bridges, culverts, highways, roads, streets, underpasses, railroad crossings located in an intermodal transportation area.

The fund could be financed by bond sales, borrower repayments, interest money, public or private entity deposits or transfers from the State Highway Fund. Withdraws from the fund can be made for paying the interest or principle on bonds, providing financial assistance to qualified borrowers to finance projects, assisting qualified borrowers with debt service costs, and transferring money to the State Highway Fund or State General Fund.

With the exception of technical fixes, SB 302 is identical to SB 693 from the 2008 session that passed the Senate and was included in HB 2412, authorizing the Sunflower coal power plant, which was vetoed by Governor Sebelius. SB 302 was approved 36 to 3 on Thursday, March 19.

Senate Bill 306- Fireworks and Explosives Fund
SB 306 creates the Fireworks and Explosives Fund in the State Fire Marshals office and directs license fees received under the Kansas Fireworks Act to be deposited into the Fund. SB 306 was approved 40 to 0 on Thursday, March 19.

Senate Bill 307- Aboveground Storage Tanks
SB 307 amends the Kansas Storage Tank Act. Currently, the State Fire Marshal is required to start on-site inspections of aboveground non-fuel flammable and combustible liquid storage facility compliance of flammable and combustible liquid standards by July 1, 2009. The bill changes the date to July 1, 2012. Facilities are expected to be in compliance by July 1, 2015 instead of July 1, 2012. SB 307 was approved 40 to 0 on Thursday, March 19.

Senate Bill 310- Sexually Violent Predators
SB 310 amends existing law on the placement of sexually violent predators into a community by limiting the number of predators to eight who could be place in a county on transitional or conditional release. The bill requires the treatment, conditional or transitional release of a predator to not be within 2,000 feet of a child care facility, family day care, place of worship, residence where a child under 18 years old resides, or school. SB 310 was approved 40 to 0 on Thursday, March 19.

Senate Bill 313- Contingency Reserve Fund
SB 313 temporarily removes the six percent cap for funds going into a school district contingency reserve fund. The cap is removed until the 2012-2013 school year in order to allow districts to prepare for potential funding cuts. SB 313 was approved 32 to 7 on Thursday, March 19.

Senate Concurrent Resolution 1610- Ethanol Authorization by EPA
SCR 1610 urges the U.S. Environmental Protection Agency (EPA) to authorize the use of higher blends of ethanol in non-flex fuel vehicles. The Agency has the authority to approve the higher blends but has yet to do so.

The resolution was sponsored by 38 of the 40 Senators who believe the state would significantly benefit from increased ethanol production and resulting job creation. SCR 1610 was approved 40 to 0 on Wednesday, March 18.

Senate Resolution 1851- Maintenance and Availability of Health Information
SR 1851 urges review, modification, and reorganization of State laws governing the maintenance and availability of health information. Currently, Kansas has an out-dated and decentralized statutory and regulatory set up for the maintenance, availability, and security of heath information.

The resolution encourages the review, modification, and reorganization of State laws on health information in order to better protect the confidentiality, security, integrity, and availability of health information; to promote the use of modern technology for health information; and to encourage uniformity in policies and standards for health information statutes.

SR 1851 was approved 40 to 0 on Thursday, March 19.

House Bill 2002- School Finance
HB 2002 allows school districts to refigure its general fund budget based on a second count of students on February 20 of each year if they have at least 25 more students than on the first count date of September 20 or have at least a one percent increase in students. The bill is in effect for four school years starting with the 2009-2010 school year. HB 2002 was approved 35 to 4 on Thursday, March 19.

House Bill 2010- Storage, Maintenance, and Transfer of Medical Records
HB 2010 provides funding for the Kansas Board of Healing Arts to store, maintain, and transfer abandoned medical records through the creation of the Medical Records Maintenance Trust Fund. The fund will receive a portion of the fees, not exceeding $10, collected for license issuance or renewal. The bill allows the Board to order a licensee to reimburse it for incurred expenses for storing, maintaining, and transferring medical records when the licensee fails to provide safekeeping of the records when they become inactive. HB 2010 was approved 40 to 0 on Thursday, March 19.

House Bill 2052- Life and Health Insurance Guaranty Association
HB 2052 amends the Kansas Life and Health Insurance Guaranty Association Act by increasing the maximum annuity benefit from $100,000 to $250,000. The bill excludes policies and contracts providing Medicare Part C and Part D health care benefits from coverage.

Proponents of the bill believe consumers view annuities similar to bank products and the current economic situation combined with the increase in FDIC coverage makes the increase necessary for consumer confidence. HB 2052 was approved 40 to 0 on Wednesday, March 18.

House Bill 2054- Title Insurance
HB 2054 amends requirements for title insurance agents that require agents to submit an annual audit within 30 days of the end of a calendar year. Currently, title insurance agents submit, within 160 days of a calendar year, an audit of their escrow, settlement, and closing deposit accounts to the Insurance Commissioner. The audits are required on an annual, biennial, or triennial basis and HB 2054 would require audits on an annual basis.

HB 2054 was approved 40 to 0 on Wednesday, March 18.

House Bill 2060- Battery Against a Law Enforcement Officer
HB 2060 creates a special sentencing rule for battery of a law enforcement officer resulting in bodily injury, creates special sentencing rules for offenders who carry, brandish, or discharge a firearm while violating drug manufacturing, drug trafficking, and some drug possession crimes, and amends the crime of unlawful conduct of cockfighting.

Battery on a Law Enforcement Officer (HB 2060)
The bill creates a special sentencing rule for battery of a law enforcement officer resulting in bodily injury by making the sentence presumptive and not subject to appeal.

Drug Crimes Committee with a Firearm (SB 26)
The bill creates a special sentencing rule to enhance the sentence on drug manufacturing, drug trafficking, and some drug possession crimes if the offender carries, brandishes, or discharges a firearm while committing a drug crime. In addition to the drug crime sentence, offenders who possess firearms will receive a sentence enhancement of 12 months, offenders who brandish a firearm will receive an additional 15 months to their sentence, and offenders who discharge a firearm will have 24 months added to their sentence.

Unlawful Conduct of Cockfighting (SB 238)
The bill amends existing laws regarding the unlawful conduct of cockfighting and asset seizure and forfeiture by adding the following elements: causing any gamecock to kill another; grooming, preparing, or medicating any gamecock with the intent of having it kill another to the crime of unlawful conduct of cockfighting; recodifying attendance at a cockfight as a class B nonperson misdemeanor; creating the crime of unlawful possession of cockfighting paraphernalia and making it a class A nonperson misdemeanor; increasing the penalty from a class A nonperson misdemeanor to a level 10 nonperson felony for the crime of unlawful conduct of cockfighting; and redefining gamecock as a domesticated fowl reared or trained for the purpose of fighting with other fowl.

HB 2060 was approved 37 to 2 on Thursday, March 19.

House Bill 2096- Kansas DUI Commission
S. Sub. for HB 2096 creates the Kansas DUI Commission, amends current laws on DUI penalties, revises the duties of the municipal court, and creates statewide driver improvement clinics.

Kansas DUI Commission
The Kansas DUI Commission created to review Kansas DUI statutes and DUI statutes in other states, review evaluation, treatment, and supervision enforcement practices and penalty structures proven to change DUI offender behavior, develop a legislative proposal for streamlined recordkeeping, and collect and review information from all groups and committees working on DUI issues.

The 23 member committee is required to submit by the first day of the 2010 Legislative Session a report of its findings and by the first day of the 2011Legislative Session a final report of its findings.

DUI Law
The bill amends the DUI law by requiring district or county attorneys and city attorneys to request and receive a DUI offender’s driving record from the Division of Vehicles and criminal history record from the KBI before filing a complaint to initiate prosecution. Felony DUI cases must be referred to the appropriate district or county attorney by the city attorney for prosecution.

DUI Penalties
The bill amends laws on penalties for third and fourth time DUI convictions. For a third time DUI conviction, the penalty is a nonperson felony requiring a minimum 90 day prison sentence and fine of $1,500. For a fourth time DUI conviction, the penalty is a nonperson felony requiring a minimum 180 day prison sentence and $2,500 fine.

The court has the discretion to order the offender to serve time in a state correctional facility that provides substance abuse treatment. Once the treatment program is complete, the offender must be returned to the custody of the sheriff to serve the remainder of the sentence. The offender may also be returned to the sheriff’s custody if there are no resources or capacity for treatment, the person fails to meaningfully participate in treatment, the person becomes disruptive to the security or operation of a designated facility or the medical or mental health of the person makes them unsuitable for confinement at the facility.

Municipal Court Dates
The bill requires municipal court judges to forward the arrest and charging information of a DUI to the KBI and ensure the person is processed at the time of booking.

Driver Improvement Clinics
The bill authorizes the Division of Vehicles to create driver improvement clinics throughout the state or contract with private companies or individuals to provide such services. Individuals whose driving privileges are subject to suspension can attend a driver improvement clinic and retain their driving privileges. This provision does not apply to those who hold commercial driver’s licenses.

HB 2096 was approved 40 to 0 on Thursday, March 19.

House Bill 2098- Sexual Offenses
HB 2098 amends the Rape Shield law by adding aggravated trafficking and electronic solicitation to the list of crimes which evidence of the complaining witness’ previous sexual conduct with any individual, including the defendant, is not admissible or referenced to during a trial unless a written motion is filed and the court rules the evidence as relevant to the case.

In addition, the bill amends current electronic solicitation law by clarifying that enticing a person who the offender believes is a child 14 years old but younger than 16 for an unlawful sexual act to be a severity level three person felony. Currently, electronic solicitation carries a different penalty for the two age groups of victims. Under the age of 16 is a level three person felony while under the age of 14 is a level one person felony.

HB 2098 was approved 40 to 0 on Wednesday, March 18.

House Bill 2131- License Plates for Disabled Veterans
HB 2131 amends the definition of a disabled veteran eligible to receive a distinctive license plate from 100 percent service related disability compensation to 50 percent service related disability compensation. In addition, the bill changes existing law for personalized license plates to allow a specific combination of letters, numbers, or both on a plate to be assigned to only one vehicle in the state. Current law has a specific combination of letters, numbers, or both on a plate to be assigned to one vehicle in each county. HB 2131 was approved 40 to 0 on Thursday, March 19.

House Bill 2134- Distinctive License Plates
HB 2134 exempts the “In God We Trust” distinctive license plates from requirements that a sponsoring person or organization submit a nonrefundable amount to defray the development costs of the plate to the Division of Vehicles. The bill delays the manufacturing and licensing of the plates until the Division has received $40,000 from the collection of the required $40 personalized license plate fee. Also, the bill increases from $10,000 to $20,000 the nonrefundable amount a sponsoring organization or individuals is required to submit to the Division of Vehicles to offset the development costs of the plate. HB 2134 was approved 37 to 3 on Thursday, March 19.

House Bill 2143- Graduated Drivers Licenses
HB 2143 modifies the driving permit and license requirements for drivers under the age of 17.

Instruction Permit
The bill requires adults holding a valid driver’s license who accompany drivers with instruction permits to be at least 21 years old. Instruction permits can be suspended or revoked like all other driver’s licenses. The minimum age for instruction permit holders remains at age 14.

Farm Permit
Farm permits are available to individuals between the ages 14 to 17. The bill continues to allow farm permit holders to drive in connection for farming purposes and to and from school. Farm permit holders who are 16 or older can drive any time between 5 a.m. and 9 p.m. and while going to or from authorized school activities.

Restricted License
Applicants for restricted licenses must hold an instruction permit for at least one year. The current requirement is six months. If younger than 16, the applicant must complete a driver’s education course. Fifteen year old applicants are required to have at least 25 hours of adult supervised driving. Fifty hours of adult supervised driving is required for 16 year old drivers, with ten of those hours consisting of adult supervised night driving. Also, drivers 16 years of age or older can drive at any time between 5 a.m. to 9 p.m. and while going to or from authorized school activities.

Restrictions on Nonsibling Passengers
Drivers under the age of 16 who have a restricted driver’s license or farm permit are prohibited from having nonsibling minor passengers in the vehicle with them. If older than 16, farm permit or restricted license holders can have one passenger under the age of 18 who is not an immediate family member in the vehicle with them.

Restrictions on Use of Wireless Devices
Drivers with instruction, farm, and restricted licenses are banned from operating a wireless communication device while driving with the exception of reporting illegal activity or to call for emergency help.

Lifting of Restrictions
Holders of farm permits and restricted licenses who are 16 and older are no longer restricted on nonsibling passengers or the time of day when driving if the holder has not violated the restrictions for at least six months.

Full Licensure
First-time applicants have to be at least 17 years old to have full driving privileges in the bill. If under the age of 18, full licensure applicants must complete at least 50 hours of supervised driving, with 10 of those hours at night.

Penalties
The bill makes several changes to penalties for violating driving restrictions. If a farm permit or restricted license holder has violated restrictions or had two or more accidents of their fault, the bill requires the suspension of the permit or license for a minimum of one year. If a permit or license holder is under the age of 16 and has been convicted of two moving violations on separate occasions, they are not eligible for unrestricted driving privileges until the age of 18. For those guilty of violating permit or license restrictions, the bill suspends driving privileges for 30 days upon the first conviction, 90 days for the second conviction, and for one year for a third or subsequent conviction.

The conditions, limitations, and restrictions listed in HB 2143 do not apply to individuals holding any valid driver’s licenses or permits as of January 1, 2010.

HB 2143 passed 35 to 5 on Thursday, March 19.

House Bill 2171- Vietnam War Era Medallion Program
HB 2171 creates within the Kansas Commission on Veterans’ Affairs, the Vietnam War Era Medallion Program. The program allows eligible veterans to receive a medallion, medal, and certificate of appreciation if the veteran has actively served in the U.S. Military between February 28, 1961 and May 7, 1975; is, or has been, a legal resident of Kansas at the time of entry or discharge of military service or time of death; and has been honorably separated or discharged from the military or on active service in an honorable status or on active service at the time of death.

The program is open to veterans meeting the criteria regardless of whether or not they served in or outside of the U.S. and regardless of whether or not the veteran was under the age of 18 at the time of enlistment. A fund is created in the bill for gifts, donations, and bequests for the program.

HB 2171 was approved 40 to 0 on Wednesday, March 18.

House Bill 2185- Reciprocal Deposit Program
HB 2185 amends the laws governing reciprocal deposits of invested local and state funds. The reciprocal deposits, public moneys or funds, deposited into a participating financial institution are not to be treated as securities and do not need to be secured in the bill.

The bill codifies two Attorney General opinions on the utilization of Reciprocal Deposit Programs for local and state public fund deposits in the state. The use of the deposit program has increased significantly over the past couple of months due to the problems in the financial industry.

HB 2185 was approved 40 to 0 on Wednesday, March 18.

House Bill 2233- Criminal Procedure
HB 2233 amends existing law on appeals by the prosecution, withdrawal of a guilty or no contest plea after sentencing, and selection of alternative jurors.

Appeal by the Prosecution
The bill clarifies the term “an appeal by the prosecution” which includes appeals, interlocutory appeals, and appeals seeking discretionary review in the Kansas Supreme Court or United State Supreme Court. The law provides that under certain circumstances the time counted towards a speedy trial be tolled or stopped.

Withdrawal of a Guilty or No Contest Plea
The bill amends the statute on withdrawal of a guilty or no contest plea after the sentence has been given by placing a one year limitation from the final order on the direct appeal in the case, when terminated by Kansas appellate jurisdiction, upon the U.S. Supreme Court’s denial to review the case or when the U.S. Supreme Court grants review of the case. Included in the bill is a provision to extend the time limitation upon an additional, affirmative showing of excusable neglect by the defendant. Currently, there is not a time limitation on when a defendant may withdraw a guilty or no contest plea after sentencing.

Selection of Alternate Jurors
The bill amends current law by allowing for the selection of one or more alternate jurors in a criminal case to be selected at the same time as the regular jury is being selected. Currently, alternate jurors are selected after the regular jury has been empaneled and sworn. The bill leaves it to the discretion of a judge to decide if the alternate jurors are selected at the same time as the regular jury or after the jury has been empaneled and sworn.

HB 2233 was approved 40 to 0 on Wednesday, March 18.

House Bill 2236- Recodification of Drug Statutues
HB 2236 moves drug crimes from Chapter 65 to Chapter 21 in the Kansas Statute Book. The bill also reorganizes the drug crimes into four categories, manufacturing, distribution, possession, and paraphernalia. HB 2236 was approved 40 to 0 on Thursday, March 19.

House Bill 2270- Apportionment of Business Income
HB 2270 authorizes the Secretary of the Department of Revenue to extend the deadline, by no more than six months, for manufacturers to qualify for an optional income tax apportionment formula. Before the deadline could be extended, the Secretary of Commerce must certify with the Revenue Secretary that the manufacturing company has complied with law requiring manufacturers to invest $100 million in construction and to employ at least 100 new employees with above average wages.

In 2007, the Legislature amended the apportionment formula to allow for a single factor of sales to be used to calculate business income if certain criteria was met by December 31, 2009. If approved, business taxpayers are required to use the income apportionment formula for 10 years.

HB 2270 was approved 40 to 0 on Thursday, March 19.

House Bill 2297- Post Graduate Residency Training Programs
HB 2297 allows fellowship training for geriatric medicine to be included in the list of approved postgraduate residency training programs required for participation in the Medical Student Loan Program or Osteopathic Medical Service Scholarship Program. For every year that financial assistance is provided to a student through either program, a year of service in a rural or medically underserved area is required. HB 2297 was approved 40 to 0 on Thursday, March 19.

House Bill 2311- Private Detectives
HB 2311 adds licensed private detectives to the list of people who can complete service of process in or out of state. HB 2311 was approved 40 to 0 on Thursday, March 19.

House Bill 2321- Political Subdivisions
HB 2321 expands the definition of political subdivisions within the sales tax law to include the Horsethief Reservoir Benefit District. The bill extends the sales tax exemption to purchases made by or on behalf of the benefit district. HB 2321 was approved 40 to 0 on Thursday, March 19.

Agriculture
On Tuesday, March 17, the Senate Agriculture Committee was the recipient of presentations by Mike Brown with the Kansas Wheat Commission, Pat Ross with the Kansas Corn Commission, and Lance Russell of the Kansas Sunflower Commission. Additional presentations were given by the Kansas Soybean Commission and the Kansas Sorghum Commission.

The committee convened again on Wednesday, March 18, to get an update on local food availability and economic potential of the Kansas River Valley by Rhonda Janke, Ph.D. Associate Professor and Extension Specialist at Kansas State University and to receive a presentation on opportunities in marketing local foods by Carole Jordan with the Kansas Department of Commerce. Also, a hearing on SB 316 regarding swine waste was held.

Assessment and Taxation
This week the Assessment and Taxation committee met to hold hearings on SB 242 regarding the computation of personal property tax on motor vehicles and SB 312 concerning public utility definitions.

Commerce
On Tuesday, March 17, the Senate Commerce Committee met to hold a hearing on SB 314 concerning the Special Economic Revitalization Act. The committee met again on Thursday, March 19, to hold hearings on SB 324 concerning the Kansas Commission on Rural Policy.

Education
The Senate Education Committee met Thursday, March 19, to hold hearings on HCR 5015 regarding Dyslexia and other reading problems and Sub. HB 2008 concerning epinephrine kits at schools.

Federal and State Affairs
The Senate Federal and State Affairs Committee, this week, held hearings on SB 291 concerning the establishment of procedures of reapportionment plans, SB 307 pertaining to the delay of the compliance standard inspection date for on-site inspections of non-fuel flammable or combustible liquid above ground storage tanks, and HB 2311 regarding the authorization of licensed private detectives.

Financial Institutions and Insurance
The Senate Financial Institutions and Insurance Committee met on Thursday, March 19, for final action on HB 2214 regarding risk-based capital requirements and HB 2292 concerning security freezes on consumer reports. An informational hearing was held on HB 2310, the long-term care partnership program. In addition, the committee received an update on SB 49 regarding alcoholism or drug abuse treatment insurance benefits.

Judiciary
This week the Senate Judiciary Committee met to hold hearings on HB 2165 proposing to establish recklessness as a standard in unlawfully hosting minors in a person’s residence, SCR 1611 on a constitutional amendment concerning the right to bear arms, and SCR 1605 pertaining to a state constitutional amendment that would delete mental illness from voting disqualifications.

Also this week, the Committee was scheduled for final action on HB 2059 regarding proceeds derived from violating the uniform controlled substances act, HB 2011 concerning the removal of the sunset provision from the Kansas Commission on Judicial Performance statutes, SB 92 and SB 94 regarding children in need of care, SB 269 pertaining to conduct and offenses giving rise to forfeiture, SB 279 on mandatory minimum sentences for involuntary manslaughter while driving under the influence of alcohol or drugs, HB 2236 concerning recodification on certain drug crimes, SB 283 regarding community corrections, SB 292 pertaining to notice of commencement and notice of furnishing filings prior to the filing of certain commercial property liens, HB 2039 on defendant identification by unique DNA profiles, HB 2165 concerning unlawfully hosting minors, HB 2201 regarding delinquent child support, and HB 2250 on admission of prior acts or offenses of sexual misconduct.

Local Government
On Monday, March 16, the Local Government Committee met to continue hearings on HB 2155 regarding the City of Topeka Land Bank. The Committee was also scheduled to discuss and possibly act on SB 114 concerning zoning, group homes, and certain restrictions.

Natural Resources
The Senate Natural Resources Committee met on Thursday, March 19, to discuss SB 185, the Surface Owner Notice Act.

Public Health and Welfare
On Monday, March 16, the Public Health and Welfare Committee formally adopted a Senate Resolution for Health Information Technology. In addition, the Committee held a hearing on HB 2010 regarding the storage, maintenance, and transfer of medical records by the Board of Healing Arts, and HB 2297 concerning postgraduate training programs for KU medical school and Doctor of Osteopathy loan programs.

Committee work continued on Wednesday, March 18, with hearings on SB 305 pertaining to the Kansas Tort Claims Act. The Committee was also scheduled to continue discussion and possibly act on SB 220 regarding Emergency medical Services attendants and SB 166 concerning authorization for certain mental illness medication.

The Committee work finished for the week on Thursday, March 19. The committee held hearings on HB 2359 on renewal examination information for the cosmetology board and HB 2343 regarding licensure qualifications for nurses. Final action was scheduled for HB 2221 concerning child care information disclosures, HB 2162 on educational requirements for marriage and family therapists and psychologists’ application fees, and SB 166 regarding the statute repeal of prohibiting prior authorization for certain mental illness medications.

Transportation
On Wednesday, March 18, the Senate Transportation Committee met to hold hearings on SB 323 regarding transportation program financing. Mark Corriston, Vice-President or the Kansas Northern Flyer Alliance and Debra Fischer-Stout, President of the Northern Flyer Alliance were on hand to present the committee with a presentation on passenger rail systems.

On Thursday, March 19, the Committee was scheduled for final action on HB 2152 on towed vehicles and continued hearings on SB 323 regarding transportation program financing. Hearings for SB 323 continued on Friday, March 20.

Utilities
The Senate Utilities Committee met this week to continue hearings on HB 2126 proposing to require telecommunications providers to provide call location information in emergency situations, SB 284 concerning third party administrators for certain utilities energy efficiency and conservation programs, SB 298 on requiring well identification signs to be place on or near oil or gas wells.

On Tuesday, March 17, the Committee had an informational hearing on State Fair facility electric rates.

Ways and Means
This week the Ways and Means Committee continued receiving subcommittee reports for the FY 2010 budget. On Monday, hearings were conducted on SB 306 pertaining to the Kansas Fireworks Act, SB 313 on contingency reserve funds for school districts, and SCR 1614 concerning a constitutional amendment proposing to create a budget stabilization fund in the state treasury.

Confirmation hearings for appointments to the Kansas Health Policy Authority Board for Garen Cox, Joe Tilghman, and Ned Holland were held on Tuesday, March 17. Also on Tuesday hearings were held for HB 2222 regarding fee collections by state agencies and SB 308 on increasing the administrative fee cap for state agencies. The committee was also scheduled for possible final action on SB 196 concerning KPERS employment after retirement restrictions and SB 296 regarding the review and evaluation of the federal stimulus.

On Thursday, March 19, the committee met to work the mega appropriations bill and capital improvement appropriations bill. Both were placed into HB 2354 which will likely be debated on Tuesday, March 24.