2021 Legislative Update 13

The Legislature returned on Tuesday, April 6, to work bills that were sent to conference along with bills worked by either the House or Senate. Last week the House concurred with the Senate’s amendments on multiple bills and adopted several Conference Committee Reports. The House passed two bills on Emergency Final Action, adopted 36 Conference Committee Reports and concurred with Senate Amendments on 14 bills. In total, 52 bills passed on Final Action. The Kansas Legislature adjourned the evening of April 9 until the Veto Session where both the House and Senate will vote to override or sustain the bills that the Governor vetoes over the next couple of weeks.

I was very honored to be a part of the bill signing ceremony for HB 2008, Missing and Murdered Indigenous People. My friend and floor seat mate, Representative Dr. Ponka-We Victors, worked on this legislation for several years and this year was joined by Representative Christina Haswood in introducing and having signed into law by Governor Laura Kelly HB 2008. It was my privilege to carry this legislation on the House Floor last year (died in Senate due to short session) and again this year. Congratulations to Ponka-We and Christina! And many thanks to Sara Rust-Martin, the Attorney General's Office and others that helped support MMIP and move this legislation forward!

It is a special honor to serve as your state representative. I value and appreciate your input on issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at (785) 296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also e-mail me at pam.curtis@house.ks.gov.

Budget

The House and Senate passed a nearly $20 billion state budget on the last day of regular session which is now on its way to the Governor. I voted against the bill as it does not provide funding for public education and is structurally unbalanced.

Explanation of vote:

MR. SPEAKER: I vote no on HB 2007. There's still no funding for K-12 education in this budget. This will inevitably put us at risk of going back to the courts. We must ensure we constitutionally fund education to avoid this. Furthermore, this budget is fiscally irresponsible and will set the state up for a budget crisis while not taking advantage of federal aid for Medicaid Expansion. Leaving the budget in the red after $360 million costs in PPP tax conformity and forgoing nearly $460 million in federal aid dollars is a clear neglect in offering the state significant budget relief while also providing healthcare for 160,000 + Kansans.

Tuesday on the Floor

On Tuesday, the House took final action on three bills. SB 16 was a consent calendar item that passed its third day on the Consent Calendar. The House also concurred with the Senate’s amendments on HB 2071. Lastly, the House adopted the Conference Committee Report for S Sub HB 2104. All three of the bills passed on final action, below are the descriptions and results of those votes.

·      SB 16: Removing the requirement that certain entities submit certain reports to the division of post audit. Passed on Final Action 117-0.

·      HB 2071: Increasing the criminal penalties for stalking a minor. Passed on Final Action 119-0. 

·      CCR for S Sub HB 2104 - would amend law related to the list of eligible county appraisers, the qualifications of county and district appraisers, appraisal standards, Board of Tax Appeals (BOTA) administration and membership, property valuation appeals, judicial review of property tax disputes, BOTA membership, and school district budget certification. Passed on Final Action 77-42. 

Wednesday on the Floor

On Wednesday, the House adopted four Conference Committee Reports and concurred with Senate amendments on four bills. All eight of these bills passed on Final Action, below you will find the descriptions of each along with the results on Final Action.

·      HB 2247: as amended, would designate portions of highway in Johnson, Marshall, and Norton counties as memorial highways and would designate certain bridges in Cowley, Riley, and Seward counties as memorial bridges. Passed on Final Action 122-0.

·      HB 2165: as amended, would amend the definition of an antique vehicle for purposes of vehicle registration. Passed on Final Action 117-5.

·      HB 2167: as amended, would add two exceptions to law requiring a license plate to be attached to the rear of a motor vehicle. The bill would allow concrete mixer trucks the option to display a license plate on the front of the vehicle rather than on the rear of the vehicle and would require a dump truck with a gross weight of 26,000 pounds or more to display a license plate on the front of the vehicle. The requirement for a dump truck to display a license plate on the front of the vehicle would not apply to a vehicle registered as a farm truck. Passed on Final Action 122-0.

·      HB 2245: as amended, would add law authorizing the Division of Vehicles (Division), Department of Revenue, to collect emergency contact information and would provide for the use of such information by law enforcement agencies. Passed on Final Action 122-0.

·      CCR for SB 103: would amend the Kansas Power of Attorney Act (Act) to state a power of attorney executed on or after July 1, 2021, would be deemed sufficient if in substantial compliance with the form set forth by the Judicial Council and would direct the Judicial Council to develop such form. The bill would state the amendments made by the bill would apply prospectively and would not affect the validity of a power of attorney executed prior to July 1, 2021. Passed on Final Action 123-0.

·      CCR for SB 106: as amended, would enact the Revised Uniform Law on Notarial Acts (RULONA) and repeal the Uniform Law on Notarial Acts (ULONA), as well as other current laws regarding notaries. Throughout RULONA, some provisions from ULONA and other current law are continued, reorganized, or updated without substantive changes. The bill also would update references to ULONA in other areas of statute. This brief summarizes the RULONA structure and notes provisions containing substantive changes or additions to ULONA and other current law provisions. Passed on Final Action 123-0.

·      CCR for SB 107: would enact the Uniform Fiduciary Income and Principal Act [UFIPA] and repeal the Uniform Principal and Income Act (1997) [UPIA]. Throughout the UFIPA, some provisions from UPIA are continued, reorganized, or updated without substantive changes. The bill also would amend one statute within the Kansas Uniform Trust Code (UTC). This brief summarizes the UFIPA structure and notes provisions containing substantive changes or additions to UPIA provisions. Passed on Final Action 123-0.

·      CCR for SB 122: would amend various sections within the Kansas Rules of Evidence (Rules). Passed on Final Action 115-8.

Thursday on the Floor

Thursday was a very busy day! The House passed two bills on General Orders and then passed both on Emergency Final Action. The House also adopted sixteen Conference Committee Reports and concurred with Senate amendments on seven bills. All twenty-three of these bills passed on Final Action, below you will find the descriptions of each along with the results on Final Action.

·      H Sub for SB 91: Providing liability protection for businesses, municipalities and educational institutions that participate in high school work-based learning programs and providing that schools are responsible for injuries to students participating in such programs. Passed on General Orders and passed on Emergency Final Action 123-0.

·      HB 2366: Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward information to the Kansas bureau of investigation. Passed on General Orders, and passed on Emergency Final Action 123-0.

·      CCR for SB 36: would amend procedures related to certain vehicle identification number (VIN) checks and transfer of ownership of certain salvage vehicles; prohibit a motor vehicle from being towed out of Kansas without the consent of the driver or owner of the vehicle; and make technical changes, including changes to remove outdated language. Passed on Final Action 118-4.

·      CCR for SB 67: would create law regarding the right-of-way for funeral processions and for certain vehicles involved in utility repairs. Passed on Final Action 119-3.

·      CCR for SB 95: would amend a requirement regarding odometer readings upon assignment of a vehicle title and would amend the definitions for “all-terrain vehicle” (ATV) and “recreational off-highway vehicle” (ROV). Passed on Final Action 116-6.

·      CCR for SB 127: would amend laws related to driver’s licenses. Passed on Final Action 122-0. 

·      CCR for SB 26: would update statutes related to the regulatory authority of the Kansas Corporation Commission (KCC) with regard to motor carriers. Passed on Final Action 123-0.

·      CCR for SB 38: would establish a pesticide waste disposal program and add and amend law regarding the roles of the Division of Conservation within the Kansas Department of Agriculture and the State Conservation Commission. Passed on Final Action 120-3.

·      CCR for SB 142: would update personal flotation device requirements while aboard or being towed by a watercraft vessel. The bill would also update the reference in current law to the guidelines of the American Fisheries Society. Passed on Final Action 109-14.

·      CCR for SB 143: would update and rearrange definitions regarding grain and grain warehouses, clarify when applications for licenses should be made, remove a reference regarding an independent public accountant, clarify the fee for a functional unit license, increase the maximum fee caps for storage fees, increase the allowable examination period for grain warehouses, and make technical changes. Passed on Final Action 115-8.

·      CCR for SB 175: would make appropriations for the Kansas State Department of Education (KSDE) for FY 2021, FY 2022, and FY 2023; create the Student Empowerment Act Program; require in-person instruction of students and allow for only 240 remote learning hours in a school year; charge school districts to use needs-assessment to ensure improvement in student academic achievement; provide a different calculation for school finance related to remote learning; reauthorize the 20-mill tax property levy and the exemption of a portion of resident property from that levy; and expand the Tax Credit for Low Income Students Scholarship Program. Passed on Final Action 64-59. Failed in the Senate 20-20.

·      HB 2201: Decreasing the Eisenhower legacy transportation program alternate delivery project threshold, authorizing the usage of federal stimulus funds and KDOT bonding authority. Passed on Final Action 95-27.

·      HB 2401: Authorizing the secretary of corrections to enter agreements for public-private partnerships for projects for new or renovated buildings at correctional institutions for education, skills-building and spiritual needs programs; establishing a nonprofit corporation to receive gifts, donations, grants and other moneys and engage in fundraising projects for funding such projects for education, skills-building and spiritual needs programs. Passed on Final Action 120-2.

·      CCR for HB 2066: would shorten the period of time in which regulatory bodies are required to issue occupational credentials to military servicemembers or military spouses seeking to establish residency in Kansas and provide for expedited credentialing of non-military prospective residents. Passed on Final Action 105-17.

·      CCR for HB 2243: would make several changes to law governing the Kansas Public Employees Retirement System (KPERS or the Retirement System) pertaining to a study performed by the KPERS Board of Trustees, authorization of the allotment for the KPERS Death and Disability Program and a moratorium on payments in FY 2021 by all employers, provisions in the Kansas Deferred Retirement Option Program (DROP) Act relating to participating members’ election and extension of their DROP periods, and administration of certain KPERS benefits and the application of certain federal Internal Revenue Code provisions on the Retirement System (“guidepost” section). Passed on Final Action 122-0. 

·      CCR for HB 2166: would add several types of license plates; would add reporting requirements for organizations sponsoring distinctive license plates; would amend requirements for distinctive license plate development, continuing distinctive license plates, and personalized license plate backgrounds; and would require an annual payment of a $10 firefighters training fee for each new or renewed firefighter license plate starting January 1, 2022. Passed on Final Action 81-41.

·      HB 2203: Establishing the asbestos remediation fund for fees collected as part of the Kansas asbestos control program. Passed on Final Action 121-1.

·      HB 2254: Increasing the monetary cap on irrevocable prearranged funeral agreements to $10,000. Passed on Final Action 122-1.

·      HB 2391: Changing the secretary of state's business filings provisions including instituting biennial business report filings and making other changes to business filing provisions, information requirements and fees, removing exemptions from the open records act for tax records no longer kept by the secretary of state, permitting the public recording of UCC filings with improperly included social security numbers and repealing certain obsolete statutes including blanket music license filing provisions. Passed on Final Action 123-0.

·      HB 2058: Allowing reciprocity to recognize out-of-state licenses to carry a concealed handgun. Passed on Final Action 80-43.

·      HB 2089: Standardizing firearm safety education training programs in school districts. Passed on Final Action 79-44.

·      CCR for HB 2244: would amend the Commercial Industrial Hemp Act (Act) to transfer registration and regulation of industrial hemp processors currently regulated by the Kansas Department of Agriculture (KDA) to the State Fire Marshal (Fire Marshal). The bill would also amend law regarding the disposal of industrial hemp; the definition of “hemp products”; unlawful marketing, selling, or distributing hemp products without registration or licensure; and an exception for transportation of industrial hemp between producers and processors. Passed on Final Action 101-22.

·      CCR for HB 2183: as amended, would amend and create law pertaining to elections and voting, including advance mail ballots, registered voter information reporting, assistance with the return of advance ballots, advance ballot return deadlines, the authority of the Secretary of State, duties of election officials, electioneering, and election funding. The bill would also create the crime of false representation of an election official. Passed on Final Action 80-42.

·      CCR for HB 2332: would create and amend law concerning addresses maintained for registered voters, solicitation of advanced voting ballot applications, alteration of election laws, and the crime of election tampering. Passed on Final Action 83-38.

·      CCR for SB 55: as amended, would create the Fairness in Women’s Sports Act (Act) and require interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by public educational institutions to be designated based on biological sex. Passed on Final Action 76-43.

Friday on the Floor

On Friday, the House adopted 15 Conference Committee Reports and concurred with Senate amendments on one bill. All sixteen of these bills passed on Final Action, below you will find the descriptions of each along with the results on Final Action.

·      CCR for HB 2390: would review, amend, and add exceptions to the Kansas Opens Records Act (KORA) and would create and amend law regarding the filing of fraudulent liens. Passed on Final Action 121-2.

·      CCR for HB 2074: Senate Sub. for HB 2074 would enact the Technology enabled Fiduciary Financial Institutions Act (Act), which will be part of and supplemental to Chapter 9 of the Kansas Statutes Annotated (the Kansas Banking Code). On July 1, 2022, the bill would require the State Bank Commissioner issue a charter to The Beneficient Company and establish a fidfin fiduciary institution pilot program with an economic growth zone designated in Harvey County. The bill would also establish an income and privilege tax credit beginning in tax year 2021 for trust banks in an amount equal to such fiduciary financial institution’s qualified charitable distributions during such taxable year if the trust bank maintained such fiduciary financial institution’s principal office in an economic growth zone. Passed on Final Action 103-20.

·      CCR for SB 86: would create the Kansas Extraordinary Utility Costs Loan Deposit Program (Program), which would provide incentives for the making of loans to eligible borrowers for the extraordinary natural gas costs incurred during the extreme winter weather event of February 2021. The total aggregate amount of loans issued under the Program, which would be administered by the State Treasurer, could not exceed the amount of unencumbered funds certified by the State Treasurer and directed to be reinvested by provisions of this bill (Section 17). The bill would also amend law governing the investment of state moneys to add Program loans and applicable interest rates and modify provisions governing the City Utility Low-interest Loan Program. Passed on Final Action 117-6.

·      HB 2102: Updating egg repackaging requirements for retailers. Passed on Final Action 122-1.

·      CCR for SB 170: would enact the Psychology Interjurisdictional Compact (PSYPACT), and provide for the interjurisdictional authorization of psychologists across state boundaries to practice telepsychology using telecommunication technologies and to provide temporary in-person, face-to-face psychology services. The bill would enact the Physical Therapy Licensure Compact (PT Compact) and amend the Physical Therapy Practice Act (Act). The PT Compact would provide interstate practice authority for physical therapists (PTs) in compact states. The PT Compact would provide for the creation of a Physical Therapy Compact Commission, with each member state represented by one delegate, and would outline the voting and meeting requirements. Passed on Final Action 119-4.

·      CCR for SB 238: Sub. for SB 238 would amend and update the Pharmacy Act of the State of Kansas (Act) with regard to the powers, duties, and functions of the State Board of Pharmacy (Board). The bill would also amend the Emergency Medical Services Act (EMS Act) to clarify the oversight provided by medical directors with regard to emergency medical services and to provide an alternate procedure for appointment of a medical director. Passed on Final Action 116-7.

·      CCR for HB 2218: HB 2218 would amend law governing the implementation and administration of the State Health Care Benefits Program (State Employee Health Plan [SEHP]) to add language regarding the role of the State Employees Health Care Commission (Commission), modify the membership requirements of the Commission, and specify additional reporting information to be provided by the Commission to the Legislature. Passed on Final Action 123-0.

·      CCR for HB 2007: HB 2007 includes adjusted funding for fiscal year (FY) 2021 and FY 2022 for state agencies and FY 2021 and FY 2022 capital improvement expenditures for a number of state agencies. An overview of the Governor’s amended budget recommendations for FY 2021 and FY 2022, as adjusted by Governor’s Budget Amendments (GBAs) No. 1 and 2, is below. Passed on Final Action 71-52.

·      CCR for HB 2039: As amended, would amend law related to civics and financial literacy education. Passed on Final Action 72-51.

·      CCR for HB 2021: HB 2021, as amended, would authorize the Kansas Development Finance Authority (KDFA), on and after July 1, 2021, to issue bonds, not to exceed $10.5 million, for the purpose of financing the construction of a state veterans home facility located in northeast Kansas, including, but not limited to, in Douglas, Jefferson, Leavenworth, Shawnee, and Wyandotte counties. Additionally, the bill would amend a statute that established tuition waiver grants of the State Board of Regents (State Board) for dependents and spouses of public safety officers and those who died in or as a result of military service on or after September 11, 2001. Passed on Final Action 119-3.

·      CCR for HB 2064: HB 2064 would establish the Kansas Promise Scholarship Act (Act), which would provide scholarships for students to attend an “eligible postsecondary educational institution.” The Act would be administered by the State Board of Regents (Board). Passed on Final Action 118-4.

·      CCR for HB 2114: HB 2114 would create the Kansas Senior Care Task Force, create and amend law regarding elder and dependent adult abuse multidisciplinary teams, and amend law regarding abuse, neglect, or financial exploitation of adults. Passed on Final Action 115-7.

·      CCR for HB 2208: Senate Sub. for HB 2208 would enact the Rural Emergency Hospital Act (Act) and create a category of licensure to enable certain Kansas hospitals to receive federal health care reimbursement as rural emergency hospitals; establish certification for certified community behavioral health clinics (CCBHCs); authorize licensed out of-state physicians with telemedicine waivers to practice telemedicine in Kansas; and modify licensure, temporary permit, and regulatory requirements on the Behavioral Sciences Regulatory Board (BSRB) and its licensees. Passed on Final Action 120-2.

·      CCR for HB 2405: HB 2405 would authorize the Kansas Development Finance Authority (KDFA) to issue bonds, in one or more series, in an amount not to exceed $500.0 million, plus all amounts required to pay the costs of issuance. Proceeds from those bonds must be applied to the unfunded actuarial pension liability (UAL) of the Kansas Public Employees Retirement System (KPERS). The interest rate of those bonds would not exceed 4.3 percent. No bonds could be issued without the approval of the State Finance Council, which could give approval while the Legislature is in session. The bonds issued and interest owed would be an obligation of KDFA and not KPERS. The bonds issued would not be considered a debt or obligation of the State for purposes of the Kansas Constitution. The Department of Administration and the KDFA would be permitted to enter into contracts to implement the payment arrangements after the bonds are issued. Passed on Final Action 112-10.

·      CCR for HB 2196: Senate Sub. for Sub. for HB 2196 would create the Unemployment Compensation Modernization and Improvement Council; require the Kansas Department of Labor (KDOL) to modernize its information technology (IT) infrastructure; make temporary changes to the membership of the Employment Security Review Board; make changes to Employment Security Rates tables; require the Secretary of Labor to provide tax notifications and certain Employment Security Fund Data Reporting; provide for certain employer account protections; provide for transfers of federal coronavirus relief aid to the Employment Security Fund and the Legislature Employment Security Fund; prohibit the continuation of federal unemployment compensation programs using state funds; adjust thresholds for maximum benefits; modify the shared work program; and make other employment security compensation changes. The bill also would make technical changes. Passed on Final Action 122-0.

·      CCR for HB 2143: HB 2143 would modify law related to sales tax. Passed on Final Action 118-3.   

Breaking Until Veto

The House of Representatives adjourned on Friday, April 9, to recess for three weeks and will reconvene on May 3 for the Veto Session. During the Veto Session, both the House and Senate will have the opportunity to take up vetoes by the Governor as well as work bills through exempt committees. We anticipate working the omnibus budget during the Veto Session.

Kansas State Library

Auto Repair Source (https://kslib.info/ars) is your destination for automobile service and repair information on more than 38,000 domestic and imported vehicles from 1971 to the present. This online resource from the State Library of Kansas includes step-by-step guides with images from the original equipment manufacturers, maintenance schedules, labor estimates, technical service bulletins, and diagnostic codes. The content is created by ASE certified technicians.

If the above link asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most people will be automatically recognized as being in Kansas and will not need this step. Questions: kslc@ks.gov

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