News from Kansas Senator Elaine Bowers
2022 Senate Scene Week Twelve – 1st Adjournment
Senate Highlights – Weekly overview
This week was the last week of legislative activity before VETO session. Late Friday afternoon, the Senate gaveled out for adjournment and will reconvene on April 25th for VETO Session. The wrap-up period is expected to not last long, but work remains on a few topics.
SENATE FLOOR ACTION
Conference Committee process
The Senate voted on numerous conference committee reports and also debated bills on the Senate Floor the last few short weeks. A conference committee is a small, bipartisan, and bicameral committee that works to smooth out the differences between the House and Senate’s version of a similar bill. Once the conference committee reaches a compromise, the negotiated bill is sent to both the House and Senate for a final vote before advancing to the governor’s desk. Within ten days after passage, a bill must be signed by the presiding officers of each chamber, the chief clerk of the House and the secretary of the Senate and be presented to the governor for approval. The governor has ten days after receipt of the bill to act on it. If the governor does not act on it during the ten-day period, the bill automatically becomes law without the governor’s signature. Most bills passed by the Legislature are approved by the governor. However, the governor may veto a bill by refusing to sign it and returning it to the chamber in which the bill originated, together with a statement of the reasons for the veto. In appropriation bills only, the governor may veto some items (line-item) and approve the others by signing the bill. However, should the governor veto a bill, the Legislature, by a two-thirds vote in both chambers, may override (overturn) the governor's veto and the bill will be enacted into law without the governor’s signature. Once the bill becomes a law, whether by the governor’s approval or a legislative override, it is filed with the secretary of state.
Redistricting complete – map package heads to Governor
Sub SB 563 contains the House and Senate maps plus the State Board of Education map for the next decade. The full package containing all three maps passed the Senate 29-11. The State Board of Education has ten districts, each containing four Senate districts. Senate district #36 remains the same except for adding Clay County now with a total of 14 counties which will tie with Senate district #40 also with 14 counties.
SB 348 would exempt certain threading methods from the definition of cosmetology in law related to the licensure of cosmetologists. SB 348 passed the Senate 32-6 and is now headed to the governor.
SB 451 would remove a requirement for which a Kansas resident must provide satisfactory proof that the person is at least 1/16 Indian by blood for purposes of receiving a free, permanent license to hunt, fish, and fur harvest in the state. SB 451 passed the Senate 38-0 and is now headed to the governor.
SB 493 passed the Senate before and prohibits cities and counties from regulating plastic and other containers (including straws) designed for the consumption, transportation or protection of merchandise, food, or beverages. SB 493 passed the Senate 26-12 and is now headed to the governor.
H Sub for SB 101 creates regulations and rules concerning the operation of e-bikes in Kansas. H Sub for SB 101 passed the Senate 37-2 and is now headed to the governor.
SB 160 - Fairness in Women’s Sports Act passed both the Senate and House this week. The Fairness in Women’s Sports Act ensures athletic teams or sports designated for women are reserved only for biological women. Last year, the Senate and House both passed the measure, but it was vetoed by the governor. The Senate narrowly failed to override the veto. The Conference Committee Report on SB 160 passed the Senate 25-13 and the House 74-39. It is now headed to the governor.
SB 161 was brought to the legislature by Amazon and would authorize personal delivery devices to operate on any sidewalk, crosswalk, or the shoulder or right side of any public highway of any municipality. SB 161 passed the Senate 22-17 and is now headed to the governor.
SB 199 concerns short-term medical plans, which are already allowed in Kansas. Federal regulations allow short-term plans to be renewed twice (for up to 36 months) without having to go through underwriting, thereby protecting people who gain a condition during a 12-month period by allowing their medical care to be covered in the next 12 months if they renew the same plan. SB 199 passed the Senate 28-11 and is now headed to the governor.
SB 58 affirms the right of parents to direct upbringing, education, care, and mental health of their children. The bill would require the boards of education of each school district to develop and adopt policies to guarantee parents’ rights, including curriculum transparency that provides parents the right to be informed about and review all materials related to their children's education, including educational and health records related to their child. The Conference Committee Report on SB 58 passed the Senate 23-15 and the House 67-46. It is now headed to the governor.
S Sub for HB 2252 specifies the Governor, the Secretary of State, and any other officer in the executive branch could not enter into a consent decree or other agreement with any state or federal court or any agreement with any other party regarding the enforcement of election law or the alteration of any election procedure without specific approval by the Legislature. S Sub for HB 2252 passed the Senate 27-12.
HB 2005 would amend provisions of law related to the Boiler Safety Act. It would also create the Elevator Safety Act, which would establish requirements for licensure of elevator contractors, mechanics, and inspectors; require elevators to be certified as having been annually inspected and establish the Elevator Safety Fee Fund. HB 2005 passed the Senate 34-5 and is now headed to the governor.
S Sub for HB 2056 would limit county election offices to one remote ballot box for every 30,000 registered voters in the county, require remote ballot boxes to be monitored or under constant video surveillance, and prohibit remote ballot boxes from being open and accessible for the deposit of advance voting ballots when the county election office is closed. S Sub for HB 2056 passed the Senate 21-17. This topic needs further discussion with Counties and how the boxes and how many are being utilized by our County Clerks in our district – I voted NO until we have more discussion with our local elected officials. It now awaits action in the House.
HB 2644 would designate the Sandhill plum, also known as the Chickasaw plum, as the official state fruit. HB 2644 passed the Senate 39-0 and is now headed to the governor.
HB 2717 bans sanctuary cities and counties by prohibiting municipalities from restricting law enforcement cooperation with federal authorities and would prohibit the use of municipal identification cards from being used to satisfy state proof of identity requirements, including for voter identification. HB 2717 passed the Senate 29-10 and is now headed to the governor.
SB 346 would allow for the on-farm retail sale of milk or milk products, regulate the labeling and advertising of such products, and allow the Secretary of Agriculture to declare an imminent health hazard when necessary to protect the public health. SB 346 passed the Senate 27-12 and is now headed to the governor.
H Sub for SB 28 would enact law and amend requirements requiring registration of pharmacy benefits managers with the Commissioner of Insurance to instead require licensure under the Pharmacy Benefits Manager Licensure Act. H Sub for SB 28 passed the Senate 39-0 and is now headed to the governor.
SB 62 would amend state standards for free school-administered vision screenings, establish the Kansas Children’s Vision Health and School Readiness Commission. SB 62 passed the Senate 34-5 and is now headed to the governor.
S Sub for HB 2448 would require the Department for Children and Families to assign all able-bodied adults without dependents subject to the food assistance work requirements to an employment and training program as defined in federal law. The bill would apply only to able-bodied adults aged 18 through 49 and only to individuals who are not employed at least 30 hours per week. S Sub for HB 2448 passed the Senate 28-11 and is now headed to the governor.
HCR 5022 which if approved by voters, would amend Article 9, Sections 2 and 5 of the Kansas Constitution to require County Sheriffs to remain elected if the county had not abolished the sheriff prior to January of this year, and would allow counties who abolished it (Riley County is the only one) to restore the elected Sheriff. The amendment will be on the November 2022 ballot. HCR 5022 passed 39-1.
HB 2476 would authorize two distinctive license plates related to military honors and four distinctive license plates related to the Kansas Department of Wildlife and Parks (KDWP). The military honors plates would be available to recipients of the Silver Star or the Bronze Star, and the KDWP plates would represent state parks, hunting, fishing, and nongame wildlife. HB 2476 passed the Senate 39-0 and is now headed to the governor.
HB 2478 would designate four portions of highway in honor of deceased public servants, a bridge in Pittsburg in honor of a private citizen, and two bridges in Cherokee County in honor of veterans. HB 2478 passed the Senate 39-0 and is now headed to the governor.
HB 2595 would amend law regarding titling procedures for certain antique vehicles. The bill would change, from prior to 1950 to 60 years old or older, the vehicle model years for which a bill of sale would be accepted as prima facie evidence that the applicant is the owner of the vehicle. HB 2595 passed the Senate 39-0 and is now headed to the governor.
S Sub for HB 2138 would require the Secretary, in consultation with county election officers, to develop an affidavit system to be utilized for the transfer of ballots. The affidavit system developed by the bill would apply to all ballots received, handled, and collected by county election offices prior to, on, and after the date of an election. An election audit procedure would be conducted by the Secretary in the calendar year following the general election of an even-numbered year. Four counties would be selected – one with a population over 90K residents; one between 20K and 90K residents; and two under 20K residents. The bill would also require such an audit to be conducted in any even-numbered year federal, statewide, or state legislative race where the margin of victory is within one percent. The county election officer would be required to audit ten percent of all county precincts, with a minimum of one precinct, in the same manner as existing audit requirements. The bill would require all voting systems in Kansas to use a paper ballot with a distinctive watermark as established by the Secretary, for elections on and after January 1, 2024. It would allow a county election officer to remove a registered voter from the registration list if such registrant has had no election-related activity for any four-calendar-year period and the confirmation notice sent by the county election officer is returned as undeliverable. Electronic Poll Books-the bill also contains several regulations to ensure that poll books are secure and approved by the Secretary of State. S Sub for HB 2138 passed the Senate 28-8.
SB 405 would authorize and direct the Executive Director of the Kansas State Historical Society (KSHS), on behalf of the KSHS, to convey by quitclaim deed, a 0.52-acre parcel of land in Johnson County to the Shawnee Tribe. SB 405 passed the Senate 39-0 and is now headed to the governor.
SB 479 would require the Capitol Preservation Committee to approve plans to place a permanent memorial in the state capitol commemorating the work of Kansas suffragists toward achieving the right of women to vote in Kansas and the passage of the 19th amendment to the U.S. Constitution. SB 479 passed the Senate 39-0 and is now headed to the governor.
HB 2087 would amend law related to the review of administrative rules and regulations. HB 2087 passed the Senate 34-4 and is now headed to the governor.
HB 2559 would establish the Kansas Cotton Boll Weevil Act and create the Kansas Cotton Boll Weevil Program. The bill would also create new law regarding industrial hemp testing services and seed treated with an irritating or poisonous substance, and update laws that are administered by the Plant Protection and Weed Control Program of the Kansas Department of Agriculture. HB 2559 passed the Senate 32-7 and is now headed to the governor.
SB 215 would authorize school district boards of education to contract with transportation network companies for the purpose of transporting eight or fewer people to and from school or school-related activities and transfer authority for certain postsecondary driver’s education and driver training schools to the Kansas Department of Revenue. SB 215 passed the Senate 39-0 and is now headed to the governor.
SB 2 contains several provisions related to the sale of alcohol in Kansas – including the sale and consumption of alcohol at the State Fair, permits for the sale and consumption of alcohol by local governments, and the distribution of liquor drink taxes. SB 2 passed the Senate 31-6 and is now headed to the governor.
SB 446 would authorize driving to and from religious activities by 15-year-olds with restricted driver’s licenses and would authorize online renewal of nondriver’s identification cards under certain circumstances. SB 446 passed the Senate 38-0 and is now headed to the governor.
HB 2456 would require the Secretary of Wildlife and Parks to issue a Kansas Kids’ lifetime combination hunting and fishing license. The bill also would require the Secretary to submit an annual report to the House Committee on Agriculture and Natural Resources Budget and the Senate Committee on Agriculture and Natural Resources on the number of kids licenses issued. HB 2456 passed the Senate 39-0 and is headed to the governor.
HB 2703 would create the Kansas Targeted Employment Act, which would establish a tax credit for businesses that employ individuals who are Kansas residents with developmental disabilities. HB 2703 passed the Senate 39-0 and is now headed to the governor.
S Sub for HB 2239 is a major tax bill including property tax relief, tax credits for rail, air and community and technical colleges plus agriculture sales tax elimination for all future fencing in Kansas and wildfire damage for fencing and structures. It contains more than 20 policy pieces including a few listed here – elimination of sales tax on shipping and handling charges, repeals the sunset of the tax exclusion for motor vehicle manufacturer rebates, increases the residential property tax exemption from the uniform statewide school finance levy, allows for an additional personal exemption for certain disabled veterans, creates a property tax exemption for antique utility trailers, allows for refund claims pursuant to the Homestead Property Tax Refund Program based on tax growth from a base year, enacts a teacher classroom supplies tax credit (up to $250), provides for an income tax checkoff for contributions to Kansas state historic sites, defines new CRP land programs be taxed at grassland rates, modifies revenue neutral rate notice and hearing procedures and provide for property taxpayer complaint procedures. S Sub for HB 2239 passed the Senate 39-0. It’s now headed to the governor.
SB 150 protects consumers by adding disclosure requirements regarding legal advertising and creates law regulating use of protected health information to solicit individuals for legal services. SB 150 passed the Senate 27-13 and is now headed to the governor.
H Sub for SB 91 would exempt businesses from certain liability claims arising from a secondary student engaged in a “work-based learning program,” as that term would be defined by the bill. H Sub for SB 91 passed the Senate 37-2 and is now headed to the governor.
SB 408 would make theft of mail with a value of less than $1,500 from three separate locations within a period of 72 hours as part of the same act or transaction or in two or more acts of crime to a level 9, nonperson felony. This bill deals with “porch pirates” of packages stolen from homes. It would also amend the definition of the crime of burglary by expanding the locations in which a person may not, without authority, enter or remain within to include any locked or secured portion of any dwelling or building. SB 408 passed the Senate 40-0 and is now headed to the governor.
HB 2109 would enact the enact the Charitable Privacy Act and would continue in existence several exceptions in the Kansas Open Records Act. The aim of the bill is to protect the anonymity of donors to charitable organizations. HB 2109 passed the Senate 40-0 and is now headed to the governor.
HB 2299 would create and amend law related to fingerprinting for criminal history record checks, surveillance by Kansas Department of Wildlife and Parks employees, jurisdiction of law enforcement officers, the time period within which a search warrant must be executed, and disclosure of information to law enforcement agencies regarding a child alleged or adjudicated to be a child in need of care. The bill would prohibit KDWP employees who are authorized to enforce the laws of the State from conducting surveillance on private property unless authorized pursuant to a lawfully issued warrant, court order, or subpoena, or the U.S. Constitution. The bill would amend the Code of Criminal Procedure to extend, from 96 hours to 240 hours, the time period within which a search warrant must be executed after it is issued. The bill would require the Secretary for Children and Families to disclose confidential agency records of a child alleged or adjudicated to be a child in need of care to the law enforcement agency investigating the alleged or substantiated reports. HB 2299 passed the Senate 40-0 and is now headed to the governor.
S Sub for HB 2361 would create law requiring the Kansas Supreme Court to adopt rules for establishment and operation of specialty court programs within the state. The bill would allow the chief judge of a judicial district to establish a specialty court program in accordance with the rules adopted by the Court. S Sub for HB 2361 passed the Senate 36-4 and is now headed to the governor.
HB 2377 would create the crime of operating an aircraft under the influence, provide for testing related to the crime, and repeal current statutes prohibiting the operation of aircraft under influence of alcohol or drugs and providing for related testing. It would also create law allowing a person whose license is restricted to operating only a vehicle with an IID (interlock device) and who meets the conditions detailed to request reinstatement of the person’s driver’s license. HB 2377 passed the Senate 39-1 and is now headed to the governor.
HB 2508 would amend law in the Kansas Criminal Code concerning the definition of “possession” and the elements of and severity levels for the crime of abuse of a child. It also would amend law in the Kansas Code of Criminal Procedure concerning forfeiture of appearance bonds, witness testimony at preliminary examinations, and competency proceedings and commitment of certain persons. HB 2508 passed the Senate 37-2 and is now headed to the governor.
SB 200 would authorize a pharmacist to initiate therapy within the framework of new statewide protocols for the following health conditions: Influenza (flu); Streptococcal pharyngitis (strep); or Urinary tract infection (UTI). It would also amend provisions of the Prescription Monitoring Program Act to add to the list of information a dispenser may submit to the Prescription Monitoring Program (K-TRACS), amend the list of individuals who may receive data from K-TRACS, amend how data is stored. SB 200 passed the Senate 37-3 and is now headed to the governor.
SB 453 requires adult care home certified aides who take training courses to demonstrate certain skills to successfully complete such training courses and requiring licensed nurses to teach and evaluate such training courses. SB 453 passed the Senate 40-0 and is now headed to the governor.
SB 343 would replace statutory references to “hearing impairment” and similar terms with “hard of hearing,” “hearing loss,” or “deaf” and would, among other things, prohibit blindness from being a determinant factor for denial or restriction of legal custody. SB 343 passed the Senate 40-0 and is now headed to the governor.
H Sub for Sub for SB 286 would extend the expiration dates and effectiveness of various provisions regarding the governmental response to the COVID-19 pandemic from March 31, 2022, until January 20, 2023. The bill would also create the crime of interference with the conduct of a hospital. The bill would amend the crime of battery to define battery against a healthcare provider as a battery committed against a healthcare provider while such provider is engaged in the performance of such provider’s duty. “Healthcare provider” would be defined to mean a person who is licensed, registered, certified, or otherwise authorized by the State of Kansas to provide healthcare services in this state and employed or providing healthcare services at a hospital. Battery against a healthcare provider would be a class A person misdemeanor. H Sub for Sub SB 286 passed the Senate 24-16 and is headed to the governor.
H Sub for Sub for SB 267 is the budget, containing supplemental funding for FY2022, FY 2023 funding for most state agencies, and FY 2023 capital improvement expenditures for certain state agencies. Expenditures regarding K-12 Education and KPERS are excluded and will be considered in separate legislation. H Sub for Sub for SB 267 passed the Senate 33-5 and is now headed to the governor.
HB 2387 would create law related to the medical assistance program and amend law regarding the powers of the Governor in the Kansas Emergency Management Act (KEMA). The bill would create law stating that, on or before January 31, 2023, no state agency, including the Governor, shall issue a request for proposal for the administration and provision of benefits under the medical assistance program; or enter into any new contract with managed care organizations for the administration and provision of benefits under the medical assistance program. The bill would amend a statute in KEMA addressing the powers of the Governor to specify that continuing limits on the Governor’s power regarding firearms or ammunition apply under KEMA or any other law. The bill also would state the Governor shall not have the power or authority under KEMA or any other law to prohibit attending or conducting any religious service or worship service in a church, synagogue, or place of worship. HB 2387 passed the Senate 26-12.
Full texts of the bills and supplemental notes as well as the Final Action vote on these measures can be found at www.kslegislature.org.
SEARCH FOR UNCLAIMED PROPERTY - Kansas Unclaimed Property Quick Link
Updated Unclaimed Property Stats from January 4, 2021, to April 8, 2022
Searches: 1,147,790
Total Returned: $30,481,102.11
Average Claim Paid: $260.27
Type in or click this link for the instant search entry form-https://kansascash.ks.gov/up_search.php
OFF SESSION AT HOME
Please email me at elaine.bowers@senate.ks.gov or call 785 243-3325x2 at my office in Concordia with questions or concerns during the break.
Thank you for the honor of serving you!
Senator Elaine Bowers
Kansas State Capitol Building
Room 223-E
300 SW 10th St.
Topeka, KS 66612
785 296-7389
