Appropriations Mega Bill: On Tuesday, March 31, the Senate passed the conference committee report for S. Sub. for HB 2354, the mega appropriations bill for the 2010, 2011, 2012, 2013, and 2014 fiscal years, by a vote of 35 to 5.

Conference Committee Reports: A full list of conference committee reports can be found by going to this link.

Senate Sub. for HB 2014- Energy: The Senate passed the conference committee report for HB 2014 by a vote of 31 to 7 on Thursday, April 2. A separate document is attached to this edition of Trunk Notes providing details of what is included in the conference committee report.

Senate Bill 160- Minimum Wage and Maximum Hours Law: SB 160 increases the state’s minimum wage requirement from $2.65 to $7.25 an hour. The increase would take effect January 1, 2010 and exempts employees and employers covered under the federal Fair Labor Standards Act. The conference committee report for SB 160 passed in the House by a vote of 110 to 15 and was approved in the Senate by a vote of 33 to 5.

House Bill 2096- Kansas DUI Commission, DUI Penalties: HB 2096 creates the Kansas DUI Commission to review Kansas DUI statutes and those of other states; review evaluation, treatment, enforcement strategies, and penalty structures to determine what is effective in changing DUI behavior; develop a legislative proposal for centralized DUI recordkeeping; and gather and review information from all committees and groups working on DUI issues.

The bill amends current DUI laws by requiring district or county attorneys to request and receive the driving record and criminal history of a DUI offender before filing a complaint to begin prosecution. Similar provisions apply to city attorneys.

Also, HB 2096 amends DUI penalties for third and subsequent convictions. For a third DUI conviction the penalty is increased to a nonperson felony requiring a minimum 90 day sentence and fine of $1,500. For a fourth DUI conviction the penalty is a nonperson felony punishable by a 180 day minimum sentence and $2,500 fine. For third and subsequent DUI convictions, the court has the authority to order the imprisonment to be served in a state facility designated for substance abuse treatment. Upon completion of the treatment program, the offender would be returned to the custody of the sheriff to serve the remainder of the sentence.

The bill authorizes the Division of Vehicles to establish driver improvement clinics throughout the state or to contract with private individuals or companies to provide services to individuals whose driving privileges may be suspended because the person has been convicted of three or more moving traffic violations within a 12 month period.

The conference committee report for HB 2096 passed in the House by a vote of 106 to 19 and was approved in the Senate by a vote of 40 to 0.

House Bill 2130- Seat Belts: HB 2130 requires all occupants of a vehicle to wear a safety belt and allows law enforcement officers to stop a vehicle for violation safety belt requirements for any passenger in the front seat and anyone under the age of 18. Current law does not require adults sitting in the back seat of a vehicle to wear a seat belt and law enforcement officers can only issue a citation for failure to wear a safety belt if another law has been violated. The fine for failure to wear a seat belt is $60. HB 2130 passed the Senate by a vote of 28 to 11 on Thursday, April 2.

House Bill 2172- Sales, Estate, Income, and Homestead Tax Provisions: HB 2172 repeals the sunset on an existing sales tax exemption for rebates from car manufacturers to purchasers or lessees of new motor vehicles if paid directly to retailers as part of the original sale. The bill exempts purchases made by Goodwill Industries Easter Seals of Kansas, Inc. and Goodwill Industries of Kansas, Inc. for providing education, training, and employment opportunities for the disabled. Additional exemptions in the bill include fees and charges for guided and non-guided hunting and fishing excursions, purchases by Sheltered Living, Inc., the Kansas Fairgrounds Foundation for beautifying the state fairgrounds, and the All American Beef Battalion, Inc. for providing support to members of the U.S. military and armed services.

HB 2172 clarifies that agricultural land is must be use-valued for Kansas estate tax purposes even if not directly held by decedents. Also included in the bill is the clarification that tax payers have three years from the original return date to file a refund claim and the authorization to the Department of Revenue to assess additional taxes within 180 days of receiving revenue adjustments.

The bill expands the definition of eligible claimant for the Homestead Property Tax Refund Program to include certain disabled veterans and surviving spouses of active-duty military personnel who have died in the line of duty.

The conference committee report for HB 2172 passed in the House by a vote of 86 to 39 and was approved in the Senate by a vote of 30 to 8.

Senate Sub. for House Bill 2221- Smoking and Cigarette Sales: S. Sub. for HB 2221 amends current law on cigarette or tobacco infractions and creates the Kansas Indoor Clean Air Act. The bill bans smoking in public places; taxi cabs; limousines; common areas in public and private buildings, condominiums, and other multiple residential facilities; hotel or motel common areas; 80 percent of guest sleeping quarters at a hotel or motel; access point of buildings and facilities unless exempt; and places of employment. Exempted in the bill are outdoor areas of a building or facility beyond the access point; private homes or residences unless a day care home; smoking rooms of a hotel or motel; gaming floors of a lottery gaming facility or racetrack; designated smoking areas that are fully enclosed and ventilated in an adult care home or long-term care units; tobacco shops; and class A and B clubs licensed before January 1, 2009 who notify the Secretary of KDHE in writing they wish to continue permitting smoking.

Employers are required to adopt and maintain a written smoking policy and to communicate the policy to current employees and new employees upon hiring and clearly post the international no smoking symbol in the workplace.

The Senate Public Health and Welfare Committee deleted the original language in HB 2221 and inserted the language from SB 25 as it passed out of the Senate. S. Sub. for HB 2221 passed 25 to 15 on Tuesday, March 31.

House Concurrent Resolution 5015- Children with Reading Problems: HCR 5015 directs the State Board of Education to ensure early screening or testing to identify children with reading disabilities, review early childhood education partnerships so reading diagnostic tests are started in pre-kindergarten and continued through second grade, evaluate the best practices of instruction for teacher preparation courses, ensure easy access to school information for parents, and report activities relating to children with reading problems, including dyslexia, before December 31, 2009. HCR 5015 passed 40 to 0 on Tuesday, March 31.