News from Kansas Senator Elaine Bowers

SENATE HIGHLIGHTS

Senate Committees continued to review bills which have been sent over from the House and we had two days of General Orders this week in the Senate. As we work though committee bills on the floor, we will also begin to have Conference Committee reports to vote on as well. A Conference Committee is a small, bipartisan and bicameral committee that works to smooth out the differences between the House’s and Senate’s version of a similar bill. Once the Conference Committee comes to a compromise, the committee’s version of the bill will be sent to both the House and the Senate for a final vote, before advancing the bill to the Governor’s desk. 

GOVERNOR SIGNS REPUBLICAN SOLUTION REFORMING KANSAS EMERGENCY MANAGEMENT ACT – KEMA

This week, the governor signed SB 40 which contains a number of provisions including ending all COVID-19 related statewide mandates, including the mask mandate, on March 31st. Prohibits the governor from closing businesses, civil organizations, and churches. It protects 2nd Amendment rights and establishes due process rights for Kansans aggrieved by an issued order and preserves local control of schools and elected officials at the state and local level.

SENATE FLOOR ACTION

The Senate confirmed the appointments of Jacy Hurst and Lesley Isherwood to the Kansas Court of Appeals. 

HB 2008 would authorize the Attorney General to coordinate training regarding missing and murdered indigenous persons for law enforcement agencies throughout Kansas.

HB 2014 permits military surplus vehicles to register with the division of vehicles for road use.

HB 2321 would require certain electric utilities to take steps before exercising eminent domain to acquire an interest in land related to the construction of an “urban electric transmission line”

HB 2022 would amend law concerning the filing of complaints and investigations pertaining to abandoned wells and for plugging abandoned wells.

SB 2 would amend law related to the consumption of alcohol on the grounds of the Kansas State Fair and collection of associated liquor taxes, allowing for the consumption of alcohol at the State Fair in more situations.

S Sub 2102 would update Kansas Egg Law regarding repackaged eggs.

HB 2137 would expand the categories of alcoholic liquor licensees who can sell cereal malt beverage (CMB) and would allow temporary permit holders to sell CMB along with alcoholic liquor in common consumption areas.

HB 2172 would amend the Kansas Water Appropriation Act by expanding the opportunity for the establishment of multi-year flex accounts (MYFAs) for groundwater water rights to water right holders who did not have water use between 2000 and 2009.

HB 2178 would vacate lots dedicated for a college and a park in the original town plat of the City of Americus.

HB 2270 would place a limit of $100,000 on deposits into the State General Fund (SGF) each fiscal year from moneys from a levy placed on each fire insurance company doing business in Kansas for the purpose of maintaining the Office of State Fire Marshal.

H Sub SB 99 would amend law regarding vehicle dealer license requirements & vehicle display shows.

HB 2007 would update statutes related to the regulatory authority of the Kansas Corporation Commission (KCC) with regard to motor carriers.

HB 2026 would establish a certified drug treatment program for certain persons who have entered into a diversion agreement pursuant to a memorandum of understanding.

HB 2071 would amend the definition of the crime of stalking to include intentionally engaging in a course of conduct targeted at a specific child under the age of 14. The penalty for the new provision would be a severity level 7, person felony for a first conviction and a severity level 4, person felony for a second or subsequent conviction.

HB 2126 would amend the COVID-19 Response and Reopening for Business Liability Protection Act by replacing the definition of “adult care facility” with the following definition of “covered facility”. The bill would replace an affirmative defense available for an adult care facility in a civil action for damages, administrative fines, or penalties for a COVID19 claim with immunity from liability for a covered facility in a civil action for damages for a COVID-19 claim.

HB 2155 would replace and update current law regarding soil, water pollutant releases & cleanup.

Sub HB 2166 would add several types of license plates, add reporting requirements for organizations sponsoring distinctive license plates, would amend requirements for distinctive license plate development, distinctive license plates, and personalized license plate backgrounds.

HB 2243 would change the frequency of the actuarial experience and cost study performed by the Board of Trustees of the Kansas Public Employees Retirement System (KPERS) from once every three years to once every four years.

S Sub HB 2252 would amend and create law related to fulfillment house licenses, farm winery licenses, electronic submission of records by special order shipping license holders, residency requirements for certain liquor licenses, and licenses that can be held by an alcoholic liquor manufacturer.

HB 2298 would provide that a plaintiff may serve a defendant by paying a fee to the Secretary and providing to the Secretary a copy of the summons, petition, and order, and the last known address, residence, or place of abode for each defendant.

SB 77 would enact the Audiology and Speech-Language Pathology Interstate Compact.

SB 145 would authorize the Secretary of Wildlife, Parks and Tourism to purchase a portion of land in Kingman County.

SB 158 would prohibit a person providing towing services from towing a vehicle to a location outside of Kansas without the consent of the driver or owner of the vehicle, or the insurance company processing a claim with respect to the vehicle or an agent of an insurance company.

HB 2070 would allow private, not-for-profit post-secondary educational institutions in Kansas to collect a surcharge on credit card payments.

S Sub HB 2072 would create the Utility Financing and Securitization Act (UFSA), which would allow for the securitization of utility assets to recover energy transition costs for electric public utilities whose retail rates are subject to the Kansas Corporation Commission (KCC).

S Sub HB 2104 would reauthorize the statewide school finance levy and amend law related to the list of eligible county appraisers, appraisal standards, Board of Tax Appeals (BOTA) administration, property valuation appeals, judicial review of property tax disputes, BOTA membership, and school district budget certification.

HB 2112 would revise the Self-service Storage Act as it pertains to liability claims and the contents of storage agreements.

HB 2145 would exempt from the definition of “public utility” the marketing and sale of electricity purchased through a retail electric supplier for electric vehicles.

HB 2254 would increase the monetary cap on irrevocable prearranged funeral agreements, contracts, or plans, on and after July 1, 2021, to $10,000.

Full texts of the bills and supplemental notes as well as the Final Action vote on these measures can be found atwww.kslegislature.org. 

UNEMPLOYMENT AND FRAUD IN KANSAS

The Department of Labor testified along others in the Senate Commerce Committee specifically on the problem with fraudulent claims in the state.  Kansas is not alone - in fact all 50 states are affected. Many people are unaware a claim has been made on their behalf until they receive a notice from KDOL in the mail or their employer does.  If this happens - immediately go tohttps://www.fraudreport.ks.gov and report the fraudulent claim. You will receive a confirmation email with a police report case number. This number is an official law enforcement case number. You will NOT have to alert another law enforcement agency. Additional steps to take:

• Contact the Federal Trade Commission at www.identitytheft.gov

• Place a fraud alert on your credit record with one of the three credit bureaus: Equifax, 1 (866) 349-5191; Experian, 1 (888) 397-3742; and TransUnion, 1 (800) 680-7289.

Remember to contact your financial providers (banks, credit card companies, etc.) to flag irregular transactions and check your Social Security earnings statements online to make sure your reported wages are correct at www.socialsecurity.gov/myaccount.