2021 Legislative Update 8

A very busy week as we marked Turnaround, the mid-point of the session. We were on the floor debating and voting on bills Monday through Thursday, taking action on sixty-three bills. We heard a lot of important legislation that could potentially impact the state of Kansas for years to come. These bills ranged from election laws to a bill that addressed the Kansas Emergency Management Act.

On Wednesday, the Kansas House heard HB 2416 which dealt with the Kansas Emergency Management Act. This bill was aimed at undermining the governor and her constitutionally provided authority during a statewide emergency. I did offer a Floor amendment to remove the provision that local county commissioners can issue their own local orders that are less restrictive and would supersede a statewide emergency order issued by the Governor.

The amendment would have prevented a patchwork response to allow for a better statewide response to protect the health, safety and welfare in our state. Amendments that would help the Governor react quickly and efficiently to a statewide emergency were offered, but all of the amendments were rejected. This bill passed on final action, 81-40, and will now go to the Senate. It is critical that our governor, regardless of who that is, has the ability to lead the state during times of uncertainty. Unfortunately, this bill does the opposite.

Congratulations to my colleague Representative Louis Ruiz on his work to pass HB 2088 to establish “Adrian’s Law”. Representative Ruiz has worked for the past several years to build support and consensus for this legislation. It will add another layer of protection for children who may be victims of abuse. The bill passed overwhelming on final action and will now advance to the Senate for consideration.

As we move further into March there are still more important issues that we plan to debate which includes medicinal marijuana, a Frankenstein school voucher bill, and the giant multinational corporation tax cuts as well as the state budget.

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

Unemployment Bill

Sub HB 2196 was a bill that House Republicans brought to the floor to address the Kansas Department of Labor. This bill cuts unemployment benefits and complicates the process of obtaining unemployment benefits. The modernization piece is already in the Governor’s recommendations. This bill will become a roadblock for Kansans that desperately need help. The bill passed, 87-36, and will advance to the Senate for consideration.

Monday on the Floor

On Monday, the House Caucus addressed and voted on twenty-three bills. Twenty-two of these bills passed on General Order by voice vote and were placed on Final Action for the following day.

HB 2296 is the bill that failed on a voice vote. The bill would have permitted the secretary of transportation to contract with the Kansas turnpike authority to enforce toll payments and permit the secretary of transportation to use tolls to support public transit and other improvements on a toll project.

Below are the twenty-two bills that passed on voice vote, along with the Final Action vote taken the following day:

HB 2212: Eliminating Kansas residency requirements for various liquor licenses. Passed on Final Action 122-2
HB 2321: Requiring electric public utilities to notify cities prior to construction of urban electric transmission lines. Passed on Final Action 122-2
HB 2297: Concerning requirements of publication of certain documents by the secretary of state; relating to session laws, the Kansas register, proposed amendments to the constitution of the state of Kansas, and Kansas administrative rules and regulations and guidance documents. Passed on Final Action 124-0
SB 33: Providing for display show licenses under the vehicle dealers and manufacturers licensing act. Passed on Final Action 124-0
HB 2367: Authorizing the state corporation commission to regulate certain transmission line wire stringing activities. Passed on Final Action 124-0
HB 2137: Authorizing certain licensees under the Kansas liquor control act and the club and drinking establishment act to sell and serve cereal malt beverages. Passed on Final Action 122-2
HB 2201: Decreasing the Eisenhower legacy transportation program alternate delivery project threshold, authorizing usage of federal stimulus funds and KDOT bonding authority. Passed on Final Action 118-6
HB 2203: Establishing the asbestos remediation fund for fees collected as part of the Kansas asbestos control program. Passed on Final Action 122-2
HB 2387: Revising laws relating to operating an aircraft under the influence, including prescribing criminal and administrative penalties and providing for testing of blood, breath, urine or other bodily substances, and preliminary screening tests of breath or oral fluid. Passed on Final Action 101-23
HB 2214: Authorizing the secretary of administration on behalf of the department of corrections to convey land in Mitchell county to the city of Beloit. Passed on Final Action 124-0
HB 2374: Authorizing the Kansas sentencing commission to change risk assessment cut-off levels for participation in the certified drug abuse treatment program. Passed on Final Action 124-0
HB 2145: Exempting the retail sale of electricity by public utilities for electric vehicle charging stations from the jurisdiction of the state corporation commission. Passed on Final Action 124-0
HB 2252: Creating fulfillment house licenses to authorize storage and shipping services provided to winery special order shipping licensees. Passed on Final Action 122-2
HB 2238: Eliminating the dollar limitation for acceptance of gifts by donors to school districts or cities, or both, for library purposes. Passed on Final Action 124-0
HB 2264: Permitting student athletes at postsecondary educational institutions to receive compensation for the use of their name, image, likeness rights or athletic reputation.

Passed on Final Action 95-29

HB 2247: Designating a portion of K-67 highway as the COII Trenton J Brinkman memorial highway, designating bridges on U.S. highway 54 as the Max Zimmerman memorial bridge and the Jack Taylor memorial bridge, designating a bridge on U.S. highway 77 as the PFC Loren H Larson bridge and designating a bridge on U.S. highway 166 as the Tyler A Juden memorial bridge. Passed on Final Action 124-0
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 121-3
HB 2128: Clarifying jurisdiction and supervision of offenders in a certified drug abuse treatment program and allowing certain non-drug offenders to participate in the program. Passed on Final Action 124-0.
HB 2270: Modifying the distribution of the levy on fire insurance business premiums to the state fire marshal fee fund, the emergency medical services operating fund and the fire service training program fund. Passed on Final Action 123-1
HB 2298: Changing requirements for service of process on nonresident drivers and clarifying service of process on certain business entities. Passed on Final Action 120-4
HB 2259: Permitting the use of expedited partner therapy to treat a sexually transmitted disease. Passed on Final Action 75-49
Sub HB 2166: Substitute for HB 2166 by Committee on Transportation - Providing for the Braden's hope for childhood cancer, proud educator and alpha kappa alpha distinctive license plates and providing distinctive license plates for current and veteran members of the United States army, navy, marine corps, air force, coast guard and space force and modifying the requirements to begin production on distinctive license plates. Passed on Final Action 124-0

Tuesday on the Floor

On Tuesday, the House Caucus took final action on the twenty-two bills that were heard and passed on voice vote the previous day. Following final actions, the House Caucus addressed and voted on seventeen more bills.

HB 2066: Substitute for HB 2066 by Committee on Commerce, Labor and Economic Development - Expanding the military spouse and service member’s expedited licensure law to all applicants who have established or intend to establish residency in Kansas. Passed on Final Action 103-21.
HB 2183: Prohibiting the governor, the executive branch and the judicial branch from altering election laws or procedures and limiting the authority of the secretary of state to enter into consent decrees with any court absent the approval of the legislative coordinating council. Passed on Final Action 84-39
HB 2138: Club and drinking establishment liquor license eligibility; spouse is a law enforcement officer in another county. Passed on Final Action 120-4
HB 2045: Revising the Kansas angel investor tax credit act with respect to the definition of qualified securities, tax credit limitations and amounts, investor requirements and extending the date that credits may be allowed. Passed on Final Action 112-11
HB 2279: Enacting the physical therapy licensure compact and authorizing criminal history record checks. Passed on Final Action 122-2
HB 2332: Requiring identification of the sender on third party solicitations to registered voters to file an application for an advance voting ballot. Passed on Final Action 86-38
HB 2377: Revising the laws concerning driving under the influence, including authorizing reinstatement of a driver's license for certain persons with an ignition interlock device restriction, requiring persons with an ignition interlock device restriction to complete the ignition interlock device program before driving privileges are fully reinstated, providing for reduced ignition interlock device program costs for certain persons and modifying the criminal penalties for driving a commercial motor vehicle under the influence and driving under the influence. Passed on Final Action 101-23
HB 2097: Decoupling the KIT and KIR workforce training programs from the high-performance incentive fund program. Passed on Final Action 124-0
HB 2209: Enacting the psychology interjurisdictional compact to provide for interjurisdictional authorization to practice telepsychology and temporary in-person, face-to-face psychology. Passed on Final Action 121-3
HB 2228: Requiring law enforcement agencies to adopt a policy regarding submission of sexual assault evidence kits and allowing evidence collection at child advocacy centers or other facilities. Passed on Final Action 124-0
HB 2057: Allowing an alcoholic liquor manufacturer to obtain a drinking establishment license under certain conditions. Passed on Final Action 124-0.
HB 2280: Updating statutes relating to the powers, duties and functions of the state board of pharmacy. Passed on Final Action 116-8
HB 2153: Increasing the criminal penalty for mistreatment of a dependent adult or elder person when the victim is a resident of an adult care home. Passed on Final Action 124-0.
HB 2234: Requiring medical directors of emergency medical services to provide medical oversight of such services and emergency medical service providers. Passed on Final Action 123-1
HB 2362: Modifying the elements of and making changes to the criminal penalties of abuse of a child. Passed on Final Action 124-0
HB 2361: Authorizing the supreme court to adopt rules establishing specialty courts, creating the specialty court funding advisory committee and the specialty court resources fund. Passed on Final Action 122-1
HB 2208: Authorizing telemedicine waivers for out-of-state healthcare providers, reducing certain requirements for licensure by the behavioral sciences regulatory board and expanding out-of-state temporary permits to practice behavioral sciences professions. Passed on Final Action 124-0

Wednesday on the Floor

On Wednesday, the House Caucus took final action on the seventeen bills that were heard and passed on voice vote the previous day. The results from final action being taken on these bills are included above. Following final actions, the House Caucus addressed and voted on thirteen more bills. They all passed on a voice vote.

HB 2085: Creating the students' right to know act to provide information on postsecondary education options. Passed on Final Action 123-0
HB 2295: Exempting municipal motor grader vehicle operators from Kansas uniform commercial drivers' license act requirements. Passed on Final Action 122-1
HB 2416: Modifying the procedure for declaring and extending a state of disaster emergency, limiting powers granted to the governor during a state of disaster emergency, authorizing the legislative coordinating council and the legislature to take certain action related to a state of disaster emergency and prohibiting the governor or the state board of education from closing private schools during a state of disaster emergency. Passed on Final Action 81-40
HB 2126: Providing immunity from civil liability for COVID-19 claims for adult care facilities. Passed on Final Action 85-37
HB 2088: Requiring visual observation of an alleged victim of child abuse or neglect as part of an investigation. Passed on Final Action 121-2
HB 2245: Permitting the division of vehicles to collect emergency contact information for registration purposes and permitting law enforcement agencies to use such information in the case of an emergency. Passed on Final Action 123-0
HB 2227: Allowing the chief justice to suspend certain time limitations during a state of local disaster emergency, allowing suspension of verification requirements, allowing use of electronic audio-visual communication to expeditiously resolve cases, and extending the chief justice's authority to suspend time limitations until June 1, 2022. Passed on Final Action 113-10
HB 2218: Updating membership and requirements of the Kansas state employees health care commission to include a current and retired state employee enrolled in the state healthcare benefits program group health insurance medical plan. Passed on Final Action 123-0
HB 2224: Expanding the definition of "infectious disease" in certain statutes related to crimes in which bodily fluids may have been transmitted from one person to another. Passed on Final Action 117-6.
HB 2039: Requiring students to pass an American civics test in order to graduate with a high school diploma. Passed on Final Action 69-54
HB 2379: Enacting the peer-to-peer vehicle sharing act to provide insurance, liability, recordkeeping and consumer protection requirements for peer-to-peer vehicle sharing. Passed on Final Action 123-0.
Sub HB 2196: Substitute for HB 2196 by Commerce, Labor and Economic Development - Changing provisions of the employment security law including creation of the unemployment compensation modernization and improvement council, development of a new unemployment insurance information technology system, provision of tax information to claimants, publication of trust fund data, the maximum benefit period, the charging of employer accounts for benefits paid, employer contribution rate determination and schedules, abolishment of the employment security interest assessment fund, crediting of employer accounts for fraudulent or erroneous payments, appropriation of federal COVID-19 moneys to the unemployment insurance trust fund, transfers from the state general fund to the unemployment insurance trust fund for improper benefit payments, emergency expansion of the employment security board of review, providing for the my reemployment plan program and workforce training program availability to claimants, changes to the shared work compensation program and other unemployment trust fund provisions. Passed on Final Action 87-36
HB 2058: Allowing reciprocity to recognize out-of-state licenses to carry a concealed handgun. Passed on Final Action 85-38

Thursday on the Floor

On Thursday, the House Caucus took final action on the thirteen bills that were heard and passed on voice vote the previous day. After final actions, the House Caucus addressed and voted on eleven more bills. HB 2105, which would establish tax withholding requirements when certain employees work in multiple states, was passed over. The ten bills all passed on a voice vote. Emergency Final Action was declared and they also all passed on Emergency Final Action.

SB 47: Enacting the Kansas taxpayer protection act, requiring the signature and tax identification number of paid tax return preparers on income tax returns and authorizing actions to enjoin paid tax return preparers from engaging in certain conduct. Passed on Emergency Final Action 115-8.
SB 13: Establishing notice and public hearing requirements prior to approval by a governing body to exceed its revenue neutral rate for property tax purposes and discontinuing the city and county tax lid, prohibiting valuation increase of real property solely as the result of normal repair, replacement or maintenance of existing structure and establishing a payment plan for the payment of delinquent or nondelinquent property taxes. Passed on Emergency Final Action 120-3.
HB 2239: Extending the Kansas corporate income tax net operating loss carryforward. Passed on Emergency Final Action 123-0.
HB 2231: Amending the definition of the crime of conducting a pyramid promotional scheme, providing for an exemption and defining key terms. Passed on Emergency Final Action 78-45.
HB 2106: Extending the dates when corporate tax returns are required to be filed. Passed on Emergency Final Action 123-0.
HB 2405: Authorizing the issuance of $1,000,000,000 of pension obligation bonds to finance a portion of the unfunded actuarial liability of KPERS. Passed on Emergency Final Action 117-6.
HB 2143: Making exemption permanent for certain cash rebates on sales or leases of new motor vehicles for sales tax purposes. Passed on Emergency Final Action 119-4.
SB 21: Approving election for sales tax authority for Cherokee county. Passed on Emergency Final Action 119-4.
HB 2315: Providing a tax credit for contributions to technical colleges. Passed on Emergency Final Action 119-4.
HB 2116: Exempting the caregiver of a child in state out-of-home placement from the child care assistance 20-hour-per-week work requirement. Passed on Emergency Final Action 123-0.

Consent Calendar Items

HB 2162: Amending and repealing reapportionment census data laws to conform with 2019 amendments to the Kansas constitution and to remove certain obsolete provisions. Passed on Final Action 123-0.
HB 2275: Requiring the department of corrections to develop guidance to be used by parole officers when responding to violations of parole and post release supervision and that incentivize compliant behavior. Passed on Final Action 124-0.
HB 2292: Creating exemptions in the open records act for cyber security assessments, plans and vulnerabilities. Passed on Final Action 124-0.
HB 2390: Making permanent certain exceptions to the disclosure of public records under the open records act. Passed on Final Action 124-0.
HB 2313: Allowing Kansas national guard and reservist members who are in good standing to receive a property tax exemption for up to two motor vehicles. Passed on Final Action 123-0.

In Coming Weeks

In the next few weeks there are many important issues that we plan to hear. These bills include medicinal marijuana, a Frankenstein school voucher bill, and possibly a bill that would give tax cuts to giant multinational corporations. These are all important issues and could impact the State of Kansas for years to come. Medicinal marijuana is widely favored across the state by both sides of the aisle. Next, the Frankenstein school voucher bill is an attempt to defund public education. Lastly, we have the Brownback 2.0 tax bill. This year the House Democrats want to help all Kansans who are suffering from the negative economic impact of the global pandemic. Unfortunately, rather than passing legislation that would help Kansans, Republicans have been promoting legislation that would do the opposite.

Kansas State Library

LearningExpress Library is an online, easy to use resource from the State Library of Kansas that allows students to learn at a convenient time and place.

LearningExpress https://kslib.info/LEL has an amazing collection of individual learning centers: School Center for elementary, middle, and high school students; College Center helps students strengthen their academic skills; Adult Center helps adults achieve their personal, educational and career goals. Online tutorials, exercises, and practice tests are available in all centers. For students using the School Center, practice sets include instant scoring and full answer explanations.

Resources

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Kansas Legislature Website

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