Senate Scenes

elaine@concordiaautomart.com

www.elainebowers.com

785 243-3325x 2 or 785 296-7389

Senate Scene - Week 12 and 13

SENATE HIGHLIGHTS - WEEKLY OVERVIEWS

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 May 3rd for VETO Session. 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.

SENATE CONFIRMATION

The Senate voted to confirm ten appointments:
Daniel Klucas to the Office of the State Securities Commissioner; Amber Shultz, new Secretary of Labor; Steven Anderson, Office of Inspector General; Rebecca Dickinson, Kansas Crime Victims Compensation Board; Sheryl Gilchrist and Tom Phillips to the State Civil Service Board; Brandon Jones, Kansas Racing and Gaming Commission; Suchitra Padmanabhan, Kansas Development Finance Authority; Mark Uhlig, University of Kansas Hospital Authority; and Kristen Wheeler to the State Board of Tax Appeals.

SENATE FLOOR ACTION

SB 50 - Marketplace Facilitators and Income Tax Deductions and Exemptions. It would require the collection and remittance of taxes by marketplace facilitators. The bill also amends income tax law regarding fraudulent unemployment benefits, itemized and standard deductions, business income related to 2017 federal legislation, corporation return filing, net operating losses, and the business expensing deduction.

HB 2332 & S Sub for HB 2183 – would require any third-party who sends out advance voting applications to identify who they are, who the head of their organization is, and a clear statement indicating it is not mailed from the government. It would also prevent the Governor, the Executive Branch, and the Judicial Branch from altering election laws, as occurred last year. It also broadened the definition of election tampering.

HB 2039 - Civics Education bill - would require, beginning in the 2022-2023 school year, students enrolled in an accredited public, private, or parochial high school to pass a civics test, or series of tests, as part of the Kansas required courses of instruction for graduation.

S Sub for HB 2074 - Technology Enabled Fiduciary Financial Institutions (TEFFI) - Fiduciary Financial Institutions Act (Act), Kansas trusts will be established by investors across the United States to hold their alternative asset investments with the goal to provide cash flow to Kansas “economic growth zones,” which largely overlap Rural Opportunity Zones.

SB 199 would amend law in the Insurance Code governing specially designed policies and short-term policies to update references to short-term limited duration up to a maximum policy period of 36 months total in duration.

SB 100 would amend a statute requiring suspension of a driver’s license for driving when the person’s driving privileges are canceled, suspended, or revoked, a provision requiring the Division of Vehicles to extend a period of suspension or revocation an additional 90 days.

SB 265 would authorize the Governor’s allotment for the Kansas Public Employees Retirement System (KPERS) Death and Disability Program and institute a moratorium on all payments made by KPERS employers for Fiscal Year 2021.

SB 304 would remove the expiration date of May 1, 2021, contained in the COVID-19 Contact Tracing Privacy Act.

HB 2064 would amend provisions in the Kansas Deferred Retirement Option Program (DROP) Act relating to participating members’ election and extension of their DROP periods.

HB 2077 would amend law related to the Kansas Criminal Justice Reform Commission and the Kansas Closed Case Task Force.

HB 2079 would transfer certain duties from the Secretary of State to the Attorney General. It would also amend statutes to transfer responsibility for administering the Safe at Home program from the Secretary of State to the Attorney General.

HB 2085 would create the Students’ Right to Know Act. It would require the Kansas State Department of Education (KSDE) to ensure the distribution, electronic or otherwise, of certain information to all students in grades 7 through 12.

HB 2101 extend the current transfer of the first $10.5 million credited to the Expanded Lottery Act Revenues Fund (ELARF) from ELARF to the Kangrow engineering fund - KU, the Kan-grow engineering fund - KSU, and the Kan-grow engineering fund - WSU with each such engineering fund.

HB 2106 expends the dates when corporate tax returns are required to be filed. It would clarify that victims of identity theft would not owe Kansas individual income tax on any compensation that was fraudulently obtained by another.

HB 2114 would establish the Kansas Senior Care Task Force.

HB 2121 would amend the penalties for the crime of mistreatment of a dependent adult or elder person, define the term “absconds from supervision,” and amend law regarding sureties and delivery of a person arrested. The bill would amend the crime of mistreatment of a dependent adult or elder person to raise the penalty.

HB 2136 would amend several provisions in the Insurance Code pertaining to service contracts, surplus lines insurance, the Standard Nonforfeiture Law for Individual Deferred Annuities, the Utilization Review Organization Act and oversight of utilization review organizations, and risk retention groups.

HB 2158 would amend provisions in the statute governing the State Child Death Review Board regarding confidentiality of information acquired by and records of the Board.

S Sub 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.

S Sub HB 2201 would authorize the Secretary of Transportation to let construction any modernization or expansion project under the Eisenhower Program that would utilize federal stimulus funds.

S Sub HB 2208 would enact the Rural Emergency Hospital Act and create a category of licensure to enable certain Kansas hospitals to receive federal health care reimbursement as rural emergency hospitals. The bill would require benefits coverage for services provided by rural emergency hospitals if covered when performed by a general hospital or critical access hospital.

HB 2244 would amend the Commercial Industrial Hemp Act to transfer registration and regulation of industrial hemp processors currently regulated by the Kansas Department of Agriculture to the State Fire Marshal. It would also amend law regarding the disposal of industrial hemp; unlawful marketing, selling, or distributing hemp products without registration or license; and create an exception for transportation of industrial hemp between producers and processors.

HB 2247 designates several highways and bridges across Kansas as memorial highways and bridges, naming them after certain individuals who served Kansas in distinguished ways, including veterans and former elected officials. This bill includes Marshall County US Hwy 77 as the CPL Allen E Oatney and SP4 Gene A Myers memorial highway.

HB 2379 would enact the Peer-to-Peer (or P2P) Vehicle Sharing Program Act, which would allow the authorized use of a shared vehicle by an individual other than the shared vehicle’s owner through a P2P program.

HB 2390 would amend the Kansas Open Records Act (KORA) to make certain temporary exceptions in current law permanent.

HB 2391 would revise and update certain provisions pertaining to business and other related filings and repeal obsolete laws, related to the Secretary of State.
SB 283 extends several provisions of law related to COVID-19, extending provisions regarding Telemedicine, Temporary Licensure, and Immunity.

HB 2021 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.

HB 2143 would extend the sunset on an exclusion of motor vehicle manufacturer rebates from the selling price for sales tax purposes to June 30, 2024. It would also exempt the Cerebral Palsy Research Foundation of Kansas and Multi Community Diversified Services from paying sales tax on purchases related to the building, maintenance, and enlargement of facilities. Also, the bill would increase, as of January 1, 2022, the threshold filing amounts for retailers to submit sales taxes to the Department of Revenue - from $400 to $15,000 for annual filings and $4,000 to $25,000 for quarterly filings. Retailers with annual liability in excess of $25,000 would be required to file and remit sales tax on a monthly basis.

HB 2245 authorizes the Division of Vehicles of the Department of Revenue to collect emergency contact information and would provide for the use of such information by law enforcement agencies.
S Sub SB 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.
SB 124 reauthorizes and amends several provisions related to the STAR Bonds program.

HB 2238 would remove a $500,000 limit on gifts school districts, governing bodies of cities, or both jointly are able to accept for the express purpose of the construction or furnishing of a library.

HB 2295 would exempt municipal motor grader vehicles from requirements of the Kansas Uniform Commercial Drivers’ License Act.
SB 181 would create the Elevator Safety Act. It would establish requirements for licensure of elevator contractors, mechanics, and inspectors; require elevators to be certified as having been annually inspected; establish the Elevator Safety Advisory Board.

SB 290 would amend coverage requirements specified in the Health Care Provider Insurance Availability Act (HCPIAA) for all new and renewal professional liability insurance policies for defined health care providers.

HB 2134 would codify the National Association of Insurance Commissioners (NAIC) Credit for Reinsurance Model Regulation into statute and amend the Kansas credit for reinsurance statute.

HB 2165 would define all vehicles more than 35 years old as an antique vehicle.

HB 2167 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.

HB 2203 would establish the Asbestos Remediation Fund.

HB 2218 would amend law governing the implementation and administration of the State Health Care Benefits Program.

SB 172 would protect critical infrastructure in Kansas. It would amend the Kansas Criminal Code regarding crimes involving property by establishing four new crimes: trespassing on a critical infrastructure facility, aggravated trespassing and criminal damage to a CIF. The bill would also allow a judge to order restitution for property damage.

HCR 5015 - - A CONCURRENT RESOLUTION urging the United States Congress to reject legislation to federalize elections in the United States of America.

HB 2224 would expand the definition of "infectious disease" in certain statutes related to crimes in which bodily fluids may have been transmitted from one person to another.

S Sub HB2138 would make changes to the Kansas Liquor Control Act and Club and Drinking Establishment Act concerning suspending, canceling, or revoking certain liquor licenses; days and times of sale of liquor and cereal malt beverage (CMB); and refillable and sealable containers of liquor and CMB.

Sub HB 2089 would create law related to firearm safety education programs conducted in public school districts.

HB 2408 would authorize and direct the Kansas Historical Society (KSHS) to convey by quitclaim deed, a parcel of land in Doniphan County to the Iowa Tribe of Kansas and Nebraska.

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 million, plus all amounts required to pay the costs of issuance. Proceeds from those bonds must be applied to the unfunded actuarial pension liability of the Kansas Public Employees Retirement System (KPERS).

HB 2401 would authorize the Secretary of Corrections to enter into agreements for public-private partnerships for projects for new or renovated buildings at correctional institutions.

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.

CONFERENCE COMMITTEE REPORTS AND ACTION BY THE GOVERNOR Numerous conference committee reports – the blended House and Senate versions of bills – from the last week are being processed and sent to the governor’s office. 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.

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

Senate Scene - Week 11

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 postsecondary 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 at www.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 to https://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

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.

WATCH AND LISTEN TO THE KANSAS LEGISLATURE

Kansas Legislature YouTube – Here you can follow the legislature live as it happens, or access archives of past sessions and committee meetings.

Kansas Legislature Audio – Here you can listen in on session or committees when they are in session, or access prior committee meetings, as well.

Kansas Legislature website – www.kslegislature.org - has extensive information on legislators, committees, bills, and past sessions.

THANK YOU FOR ENGAGING

Thank you for all of your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. I always encourage you to stay informed of the issues under consideration by the Kansas Legislature. Committee schedules, bills, and other helpful information can be easily accessed through the legislature’s website at www.kslegislature.org. You are also able to ‘listen in live’ at this website. Please do not hesitate to contact me with your thoughts, concerns, and suggestions. An email is the best at this point in the session.

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

Senate Scene - Week 9 and 10

SENATE HIGHLIGHTS

The Kansas Senate finished the tenth week of session with committee meetings and bills coming forward. The Senate held floor debate on March 16th & 17th passing out bills with the possibility of these bills having hearings the next week in the House which will be the last week for committees to meet and pass out bills. The legislature is very fluid at this point and will continue to work on legislation as time and safety allows with the daily updates we receive from the leaders in both the Legislative Branch and the Executive Branch which includes Kansas Department of Health and Environment recommendations.

SENATE FLOOR ACTION

SB 267 - The Senate budget approved as Sub for SB 267 would appropriate $21.2 billion from all funding sources including $7.9 billion from the State General Fund for FY 2022. In addition, the budget includes 40,783.1 FTE positions at various state agencies. The State General Fund amount is an increase of $297.4 million above the amount recommended for FY 2021. This bill would leave an estimated $398.1 ending balance in the State General Fund at the end of FY 2022 which equates to 5.0% of SGF expenditures for the year (assuming current law and Sub for SB 267 only). Actuals for FY 2020 included State General Fund expenditures of $7.5 billion and an ending balance of $495.0 million. The Senate budget does not currently include funding for K-12 education, as that will be addressed at omnibus. Due to the unique circumstances and the potential for substantial federal funding - K-12 funding was removed from this stage of the budget process and will be addressed at omnibus when there will be a more complete picture of federal funding.

SB 37 would amend provisions governing agent licensing and renewal licensure requirements in the Uniform Agents Licensing Act and in the Public Adjusters Licensing Act and would also amend a statute governing the examination of applicants for agent licensure.

SB 208 would create the Fairness in Women’s Sports Act to require student athletes to compete in gender-specific sports based upon the student’s biological gender. The bill would require athletic sports in any school or postsecondary educational institution to expressly designate sports as men only, women only or coed.

HB 2078 would suspend the provisions of the speedy trial statute in the Kansas Code of Criminal Procedure until May 1, 2023, in all criminal cases and would remove a provision in the statute. This is to allow the courts to “catch up” due to delays caused by COVID-19.

HB 2227 would allow the chief justice to suspend certain time limitations during a state of local disaster emergency, suspend verification requirements and authorize use of electronic audio-visual communication until June 30, 2022.

HB 2063 would revise the benefits for members of the Kansas Police and Firemen’s Retirement

System (KP&F) who are Tier II members (employees hired since July 1, 1989, who are disabled and ultimately die due to a “service-connected” condition).

HB 2124 would allow schools statutorily exempted from State Board of Regents approval requirements to be exempted from the prohibition on the corporate practice of medicine.

SB 40 would create and amend law regarding the Kansas Emergency Management Act (KEMA), state of disaster emergencies, the Legislative Coordinating Council, and the COVID-19 health emergency. This bill would end all COVID-19 related statewide mandates, including the mask mandate, on March 31st. It prohibits the governor from closing businesses, civil organizations, and churches and protects 2nd Amendment rights. It also establishes due process rights for Kansans aggrieved by an order and reserves local control of schools.

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. The bill would apply to all licensing bodies except those relevant to the practice of law or the regulation of attorneys.

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.

FROM THE STATE LIBRARY

Fold3 is an online resource from the State Library of Kansas for genealogists, historians, and veterans. Fold3 https://kslib.info/fold3 features collections of original military records, including stories, photos, and personal documents of those who served in the military. Many of the records come from the U.S. National Archives and the National Archive of the U.K. Content begins with the Revolutionary War and continues to the present. These records will help you discover and share stories about these everyday heroes, forgotten soldiers, and the families that supported them.

Online GED Practice Tests

The High School Equivalency Center is a center within LearningExpress Library, provided by the State Library of Kansas. Earning a high school equivalency credential can open the door to a more fulfilling job, and better income. If you are preparing for the GED® test, HiSET® or TASC exams, the High School Equivalency Center's no-charge practice tests, tutorials, and e-books will help you reach your goal. Go to https://kslib.info/LEL and click on the tile for High School Equivalency Center. Questions: kslc@ks.gov.

WATCH AND LISTEN TO THE KANSAS LEGISLATURE

Kansas Legislature YouTube – Here you can follow the legislature live as it happens, or access archives of past sessions and committee meetings.

Kansas Legislature Audio – Here you can listen in on session or committees when they are in session, or access prior committee meetings, as well.

Kansas Legislature website – www.kslegislature.org - has extensive information on legislators, committees, bills, and past sessions

THANK YOU FOR ENGAGING

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

Senate Scene - Week 8

SENATE HIGHLIGHTS

Friday marked a critical deadline known as “turnaround,” marking the official halfway point for the 2021 Legislative session. It was a busy week for the Senate, as we spent three full days debating and voting on and passing 89 bills ahead of the Turnaround deadline. After being on the floor all day Monday, Tuesday, and Wednesday, the Legislature will break until March 10th to give clerical staff time to process the significant amount of paperwork resulting from this week. By “turnaround,” a bill, with few exceptions, must have passed its Chamber of origin in order to be considered by the other Chamber before session is over for the year. When the Senate returns on Wednesday, the focus will be to consider bills passed by the House Chamber and bills exempt from the Turnaround deadline.

FLOOR ACTION THIS WEEK– March 1st - 3rd

SB 20 designates a portion of United States Hwy 69 as the Senator Dennis Wilson Memorial Highway.
SB 26 designates a portion of K-7 as the Senator Bud Burke Memorial Highway.
SB 89 would amend law on securing loads on vehicles to create an exemption for trucks, trailers, or semitrailers when hauling agricultural forage commodities intrastate from the place of production to a market or storage.

Sub for HB 2049 prohibits a public agency that is the subject of an audit pursuant to the statute or any other law from charging a fee for copies of or access to certain records requested by the legislative division of post audit.
SB 19 designates a portion of United States Hwy 77 as the CPL Allen E Oatney and SP4 Gene A Myers Memorial highway. This bill renames the highway stretch between Blue Rapids & Waterville.

SB 51 would direct the State Department of Education and the Department for Children and Families (DCF) to collaboratively prepare the Kansas Foster Care Children Annual Academic Report Card..

SB 62 would amend state standards for free school-administered vision screenings.

SB 83 would amend provisions in the statute governing the State Child Death Review Board regarding confidentiality of information acquired by and records of the Board.
SB 86 conforms certain KPERS provisions with the federal CARES act.
SB 106 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.
SB 120 would establish the Joint Committee on Child Welfare System Oversight

SB 126 would amend the Club and Drinking Establishment Act by authorizing the sale of alcoholic liquor by specific organizations (such as American Legion locations) for special events.
SB 142 would require an operator of any vessel to require every person on such vessel age 12 or younger to wear a U.S. Coast Guard-approved personal flotation device while aboard.

SB 143 would update and rearrange definitions regarding grain and grain warehouses.

SB 159 pays certain claims against the state submitted by the joint committee on special claims against the state.
SB 160 updates the valuation process for illegally commercialized fish and mussels and update the reference to the American Fisheries Society guidelines.

SB 175 would enact the Rural Emergency Hospital Act and create a category of licensure to enable certain Kansas hospitals to receive federal health care reimbursement.

SB 261 would establish the Asbestos Remediation Fund. The bill would also require the Secretary of KDHE to remit all moneys received to the State Treasurer.
HB 2022 would amend law concerning the filing of complaints and investigations pertaining to abandoned wells and responsible parties for plugging abandoned wells

SB 23 provides for abatement of property tax for certain buildings or improvements destroyed or substantially destroyed by natural disaster.

SB 63 would amend law regarding the providing of ACT college entrance exams and Workkeys assessments to school students.
SB 71 would authorize nonrefundable income tax credits contributions to the Eisenhower Foundation. The bill is intended to support the efforts of the Eisenhower Foundation to improve the Eisenhower Presidential Library and Museum.
SB 72 would require any continuing education courses required of appraisers for retaining their status on the list of eligible appraisers that are not offered by the Property Valuation Division, Department of Revenue, to be courses approved by the Kansas Real Estate Appraisal Board

SB 78 would amend several provisions in the Insurance Code pertaining to service contracts, surplus lines insurance, the Standard Nonforfeiture Law for Individual Deferred Annuities, the Utilization Review Organization Act.

Sub for SB 84 would allow sports wagering in the state of Kansas. Under the bill, sports wagering would be operated through the state-owned casinos as part of the Expanded Lottery Act adopted in 2007. The bill contains several provisions to fund programs to help those who are addicted to gambling.

SB 90 would authorize the Kansas Rural Housing Incentive District Act which creates economic incentives in rural communities by allowing vertical renovations of buildings for residential purposes.

SB 91 would allow a company to transfer up to 50 percent of the tax credits received from the High Performance Incentive Program (HPIP) to another company or individual per year.

SB 98 would amend law related to judicial review of property tax disputes and membership of the State Board of Tax Appeals (BOTA).

SB 101 would amend the definition and regulate the operations of electric-assisted bicycles (e-bikes).

SB 102 requires earlier notice of anticipated release from custody of a person who may be a sexually violent predator to the attorney general.

SB 104 would amend law in the Revised Kansas Code for Care of Children governing the entry of a court order directing a child to remain in a present or future placement if certain conditions, outlined in continuing law, are met. The bill would make entry of such an order mandatory rather than permissive.

SB 116 authorize the Secretary of Transportation to let construction of any modernization or expansion project under the Eisenhower Program that would utilize federal stimulus funds regardless of whether at least one phase of each of the remaining T-Works modernization and expansion projects has been let.
SB 119 would amend law related to the list of eligible county appraisers, appraisal standards, Board of Tax Appeals (BOTA) administration, and property valuation appeals.

SB 122 would amend various sections within the Kansas Rules of Evidence (Rules) related to the authentication of records and documents.
SB 124 would supplement, amend and reauthorize the Sales Tax and Revenue (STAR) Bonds program.

SB 127 would amend laws related to driver’s licenses. The bill would add a commercial driver’s license (CDL) to the driver’s licenses that could be renewed online (except if the CDL has a hazardous materials endorsement). The bill would extend the maximum age for online application for renewal of a driver’s license from less than age 50 to less than age 65.
SB 131 authorize funeral escorts to reasonably direct vehicle and pedestrian traffic to allow funeral processions to pass through intersections and disregard traffic control devices, notwithstanding any state law, city ordinance, or county resolution relating to traffic control devices or right-of-way provisions.
SB 147 would provide a sales tax exemption for purchases made by nonprofit integrated community care organizations.

SB 167 would expand the definition of “authorized emergency vehicle” to include a vehicle operated by an authorized person for an electric or natural gas public utility or telecommunications carrier or video service provider.

SB 170 would remove the sunset date for the Advisory Committee on Trauma (ACT) of the Kansas Department of Health and Environment (KDHE).

SB 178 would amend provisions governing organization and supervision in the Kansas Banking Code.

SB 185 would authorize the Kansas Commission for the Deaf and Hard of Hearing to adopt rules and regulations, establish a sign language interpreter registration process and provide guidelines for communication access services.

SB 238 would amend statutes related to the regulation of professional counselors, social workers, marriage and family therapists, addiction counselors and master’s level psychologists.

A full description of each bill can be found at www.kslegislature.org as well as the Final Action vote on each measure.

KDOL ADDS ADDITIONAL CONTACT CENTER STAFF AND EXPANDED CALL CENTER HOURS

Governor Laura Kelly announced the Kansas Department of Labor is upgrading the agency’s server capacity and adding more availability, staff and support at the contact center which is experiencing ongoing increases in call volume from claimants who are in need of speaking with customer service agents to help with their claims. More than 500 customer service agents with the plan to have these agents deploying on the phones between mid-March and mid-April. The first 77 of these agents will begin supporting the contact center by the beginning of next week. Starting this weekend, contact center representatives will be available on Saturdays between the hours of 8:00 am until 5:00 pm, Sundays between 1:00 pm until 5:00 pm; and starting next Monday, March 8, weekday hours will be extended from 8:00 am until 9:00 pm. The agency’s busiest times for the contact center are between the hours of 8:00 – 9:00 am and 1:00 – 2:00 pm, daily. If possible, claimants should avoid calling during these hours. KDOL’s highest call volume day of the week are typically Mondays, the lowest is Friday. Amelia, KDOL’s chat bot, which can be accessed through the agency’s web site, can also answer many claimant questions. For more information, or to apply for unemployment benefits, go to www.GetKansasBenefits.gov

UNCLAIMED PROPERTY IN KANSAS

The State of Kansas has over $400 million dollars in unclaimed property waiting for the rightful owner to find and claim. Unclaimed property stats from July 1, 2018 to March 6, 2021 include 2,843,577 searches, $59,528,991.61 returned with the average claim paid at $207.25. These holdings at the Treasurer’s office include bank accounts, cash, stocks, bonds, refunds (utilities), royalties, insurance proceeds and even safe deposit box contents. To search for your name, visit www.kansasastatetreasurer.com and enter your name or business name to see if your name is on this list. Senate District #36 has over 1000 entries in the thirteen counties it covers. If you would like more personal assistance, call 800-432-0386 or 785-296-4165.

THANK YOU FOR ENGAGING

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

Senate Scene - Week 7

SENATE HIGHLIGHTS

This week marked the seventh week of session with the first half of the legislative session almost behind us. As we approach “turn-around” which is March 5th; Friday, February 26th was the last day for committees to hear and work bills before the half-way point of the 2021 session.

ECONOMIC RECOVERY ACT SIGNED INTO LAW-SB15

Small businesses throughout Kansas have felt a crushing impact of COVID-19, including government stay-at-home orders and mandated closures of “non-essential” businesses, as well as other restrictions. Three weeks ago, the Kansas Senate took action to assist these businesses by passing the Kansas Economic Recovery Loan Deposit Program, which updates the field of membership requirements of credit unions and allowing privilege tax deductions on agricultural real estate loans and single-family residence loans. The bill was supported by a wide coalition of stakeholders in Kansas, including bankers, the restaurant and hospitality industry, and those in agriculture, all who share a mutual interest in boosting our economy by giving low interest loans to Kansas businesses who have struggled during the pandemic. Following the Senate passage of SB15, the House passed the same bill, 122-1, which sent it directly to the governor, who signed it on Thursday.

TRANSPORTATION COMMITTEE – SB19 – US Highway 77 as the CPL Allen E Oatney and SP4 Gene A Myers Memorial Highway - Marshall County

On Wednesday, February 24th, the Senate Transportation Committee heard SB19 which is a carry-over bill from last year which passed out of the Senate Transportation Committee and full Senate (38-0) and due to our early departure due to the virus was left in the House Transportation Committee. SP4 Gene Myers was killed in action on June 9, 1969 and CPL Allen E. Oatney on June 22, 1970. The 5-mile stretch from Waterville and Blue Rapids will honor their memory. The signs will be placed by Kansas Department of Transportation later this year. A sign unveiling and celebration honoring these men will be held in conjunction with the sign placement. You can find testimony from Rep Lisa Mosher, Jerry and Janet Zayas, myself and David Blatt, a friend of SP4 Meyers who was with him on June 9th, 1969 during the battle which took his life. To view – go to http://www.kslegislature.org,; then Committees tab, Standing, Senate, Transportation (small tab 2), Committee Testimony, click on 2/24/2021, (then the 4th small tab) – here you will see all the testimony for SB19 – I encourage you to read them all especially Mr. Blatt who explains even after 50 years how important it is not to forget the ultimate sacrifice our young men made for their country.

JUDICIARY COMMITTEE - KANSAS EMERGENCY MANAGEMENT ACT (KEMA)

In January, the legislature extended and strengthened the limitations on the governor’s powers that were originally created last June. The action also gave the legislature time to take a deeper dive into the Kansas Emergency Management Act and craft long-term solutions that would modernize our statutes, specifically as they related to statewide public health situations.

Senate Bill 273, which was passed out of committee late Thursday evening after several amendments were considered. It is a comprehensive bill meant to provide clarity to our statutes, provide important limitations on the governor’s power, and ensure that checks and balances are always in place. Early next week, the Senate will consider the bill. Although the March 31st deadline is still a month away, the House will have its own version, and the governor will need time to review the final bill that is adopted.

KANSAS INSURANCE DEPARTMENT – NEW WEBSITE

The Kansas Legislature established the Kansas Insurance Department in 1871. The first Superintendent of Insurance, later changed to Commissioner of Insurance in 1927, was William C. Webb. There have been twenty-seven Commissioners to lead The Kansas Insurance Department, including current Commissioner Vicki Schmidt. The longest-serving Commissioner was Frank Sullivan, who served from 1947-1971. In 2017, the Kansas Legislature enacted Senate Bill 23, which merged the Kansas Securities Commission with the Kansas Insurance Department. Prior to the 2017 Legislation, the Securities Commission was an executive branch agency that reported to the Governor. Established in 1911, Kansas became the first state to pass a law regulating the sale of investments. Following the great stock market crash of 1929, the federal government began to regulate investment activity with the passage of the Securities Act of 1933, and the creation of the U.S. Securities and Exchange Commission in 1934. Insurance and securities have changed over the years but the responsibility of The Kansas Insurance Department to the people of Kansas remains unchanged. The Kansas Insurance Department’s new website is: https://insurance.kansas.gov and the staff can be reached at 785 296-3071.

WATCH AND LISTEN TO THE KANSAS LEGISLATURE

Kansas Legislature YouTube – Here you can follow the legislature live as it happens, or access archives of past sessions and committee meetings.

Kansas Legislature Audio – Here you can listen in on session or committees when they are in session, or access prior committee meetings, as well.

Kansas Legislature website – www.kslegislature.org - has extensive information on legislators, committees, bills, and past sessions

KANSAS STATE LIBRARY INFORMATION

Ferguson’s Career Guidance Center https://kslib.info/Fergusons is an online career exploration and planning resource provided by the State Library of Kansas. It provides detailed and up-to-date profiles of thousands of today’s most popular jobs. Included: an undergraduate and graduate school finder, databases for internships and apprenticeships, planning timelines that cover education to career, and a database of sample resumes and cover letters. New: workplace predictions for 2021, how to dress for video interviews, and how to deal with work from home stress.

VISIT THE OFFICIAL WEBSITE OF KANSAS - www.kansas.gov

You can find a wealth of information at this well-designed website which focuses on Kansas with topics of business, education, government, residents and services with links to agencies and staff to help answer any question you might have. Webfile will take you directly to the Department of Revenue to file your taxes; Form finder will take you to the Secretary of State’s office for all types of forms for businesses; Learning Quest will direct you to the State Treasurer’s Office; the three branches of Government; and Plan your Trip to Kansas will open to the Department of Wildlife, Parks and Tourism.

NEW WEBSITE

An additional way to contact me is at my updated website – www.elainebowers.com. There is an updated newsletter each week plus photos added occasionally. Jeff Metzler, my 2020 Intern, has made links of committees and reports and photos when available. There is also an email link to me as an added way to reach me in addition to the Senate email.

Thank you for all of your calls, emails, and letters this week. It is easy to “get into the weed” on pieces of legislation that seem on the surface to have universal appeal, but for those who want to pursue a more in-depth analysis of the ones which did not have such agreement, go to www.kslegislature.org and pull up “Bills & Laws,” then “Senate Bills,” before scrolling to the desired number and hitting “SN” (Supplemental Notes) for a general explanation which is written by the Legislative research & reviser staff.

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

2021 LEGISLATIVE SESSION

SENATE HIGHLIGHTS

This week marked the sixth week of session with the first half of the legislative session almost behind us. As we approach “turn-around” the Senate held floor debate on Tuesday and Thursday and worked bills which were sent out of committees to the full Senate. The bills voted on by the full Senate now cross over to the House of Representatives where the process starts over.

REMEMBERING SENATOR BUD ESTES

On February 13th, our friend Senator Bud Estes passed away. Senator Estes was first elected to the Kansas Senate in 2016 and was re-elected in 2020. He also served in the Kansas House prior to his Senate elections. The funeral for Senator Estes will be held on Monday, February 22nd and the Senate will not be operating other than on a pro-forma basis.

FLOOR ACTION – 12 BILLS PASSED OFF SENATE FLOOR

SB 49 would extend the sunset on the single city port authority tax credit from the end of tax year 2021 to the end of tax year 2024 to corporation income taxpayers.
SB 52 establishes the Sedgwick County Urban Area Nuisance Abatement Act (Act).
SB 60 requested by Attorney General Derek Schmidt would amend the statute governing jurisdictional application of the Kansas Criminal Code to define “proximate result.” Currently a crime is considered to have been committed partly within the state if the proximate result of the person’s act occurs within the state. This bill will help the state go after the bad actors who have filed fraudulent Kansas Unemployment claims.
SB 65 would decouple participation in the Kansas Industrial Training (KIT) program or the Kansas Industrial Retraining (KIR) program as a method to qualify for the High

Performance Incentive Program (HPIP) tax credit.

SB 66 would reauthorize the Kansas Angel Investor Tax Credit Act (Act) until tax year 2026. The bill would also make changes to the definitions and elements of how the Act operates.

SB 67 would amend the definitions for all-terrain vehicle (ATV) and recreational off-highway vehicle and would increase the maximum width of such a vehicle from 50 inches to 55 inches.

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

SB 85 would require a foster care case management contractor under contract with the Department for Children and Families (DCF) to notify DCF whenever a child in foster care has gone missing or spent any overnight period in a location not licensed as a placement for foster youth. The bill would establish time frames and actions that would be required to be taken, should the contractor notify DCF of the missing child or overnight stay at a non-licensed location and also establish fines on the contractor.
SB 88 would amend law regarding the process for vacation of city streets or other public easements and would add law regarding challenging a street vacation ordinance.

SB 103 would amend the Kansas Power of Attorney Act to state a power of attorney executed on or after July 1, 2021, would be deemed sufficient if in substantial compliance with a form set forth by the Judicial Council.

SB 107 would enact the Uniform Fiduciary Income and Principal Act (UFIPA).

SB 118 would establish a procedure by which a city or county may assume the powers, responsibilities, and duties of a special district within the city’s corporate boundary or the

county’s boundaries.

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.

ADDITIONAL RESOURCES

Kansas Legislature YouTube – Here you can follow the legislature live as it happens, or access archives of past sessions and committee meetings.

Kansas Legislature Audio – Here you can listen in on session or committees when they are in session, or access prior committee meetings, as well.

Kansas Legislature website – www.kslegislature.org - has extensive information on legislators, committees, bills, and past sessions.

TOUR THE STATE CAPITOL AND STATE-OWNED HISTORICAL SITES FROM HOME

Take an online tour of the magnificent Kansas State Capitol, floor by floor at https://www.kshs.org/p/kansas-state-capitol-online-tour/15843. The classically inspired building is an impressive public monument as well as the working offices for the governor and legislators. The building holds a dramatic array of art, architecture, and colorful Kansas history. There are also 16 state-owned sites, administered by the Kansas Historical Society, explore different topics in our state’s fascinating history. Two of these sites in Senate District #36 are Hollenberg Pony Express Station in Hanover and Pawnee Indian Museum in Republic.

FROM THE KANSAS STATE LIBRARY

Explora is an online resource for middle and high school students that is available https://kslib.info/students from the State Library of Kansas. Click on the grade appropriate icon for assistance with homework or class assignments. Explora delivers high-quality articles from reputable publishers with no pop-ups or ads. Reading level indicators allow selection of material that matches students’ reading abilities. Broad topic overviews provide students with a starting point for their research. If the link above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most schools and Kansans will be automatically recognized as being in Kansas and will not need this step. Questions: kslc@ks.gov.

I always encourage you to stay informed of the issues under consideration by the Kansas Legislature. Please do not hesitate to contact me with your thoughts, concerns, and suggestions. An email is the best at this point in the session.

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

www.elainebowers.com

Senate Scene - Week 5

SENATE HIGHLIGHTS

This week marked the fifth week of session with the first half of the legislative session almost behind us. As we approach “turn-around” which is March 5th, February 22nd will be the last week for committees to hear and work bills before the half-way point of 2021 session.

FLOOR ACTION – February 9th and 11th

The Senate confirmed four appointees nominated by the Governor - State Board of Tax Appeals, Chief Hearing Officer Thomas Browne; University of Kansas Hospital Authority, Member David Dillon; Kansas Human Rights Commission Michael Kane and State Long Term Care Ombudsman Camille Russell. State law in Kansas requires that certain appointments by the Governor or other state officials be confirmed by the Senate prior to the appointee exercising any power, duty, or function of the office.

SB 22 - would enact the Rebuilding Employers and Livelihoods while Investing in Everyone’s Future (RELIEF) Act. A brief run through of the bill which passed off the Senate floor include: Kansans would be able to itemize regardless if the standard deduction is not claimed for federal income (can itemize on Kansas Taxes and not Federal Taxes). The state of Kansas will “decouple” from the federal government which simply means Kansans could itemize on state w/o itemizing on Federal. It would raise Kansas single deduction to $3,000 then $3,600 in 2021 and $4,050 in 2022 and married from $7,500 to $9000 in 2021 and $10,125 in 2022. SB 22 would exempt Social Security benefits (seniors) and allow retirement benefits to be subtracted from Kansas income taxes. It would decouple Kansas from federal government on business provision (GILTI) which is a tax Kansas has never collected until federal changes in 2017. (Only 6 states fully tax GILTI. This tax affects large companies in Kansas who employ thousands of people including Spirit, Cargill, Pfizer, Seaboard to list a few). SB 22 also clarifies that victims of ID theft will not owe Kansas individual income tax on unemployment compensation that was fraudulently obtained by another individual – we can trace the thief with this data on the tax return form.

As this was the first major income tax bill of the session – expect many changes to SB 22 as it moves along the process. It will now be sent to the House where it may be scheduled for a hearing in House Tax committee or they may propose their own bill where through votes of their members may change the direction of income tax measures. The final step would be Conference Committee action where this bill and other versions of income tax bills will be merged together for final votes in each chamber. And lastly be sent to the Governor for a final signature or veto.

SB 61 - would change the definition of “eligible student” and “public school” in the Tax Credit for Low Income Students Scholarship Program (TCLISSP) Act which passed in 2015. The current program provides tax credits to individuals to fund scholarships to students who receive free lunch and only those students in the 100 lowest performing elementary schools. SB 61 would expand the eligibility to children who receive free or reduced lunches in Kansas. It would also be available to children in any public school in Kansas. The bill would add a requirement for qualified schools participating in the program to prominently display a link on their website that directs individuals to statutorily published reports on the Kansas State Department of Education’s website. It would require all qualified schools participating in the TCLISSP to provide a link on the school’s accountability reports webpage to the Kansas Department of Education webpage for school accreditation, performance accountability and achievement. In addition, the Department of Education would be required to prepare a performance accountability and achievement report for each accredited nonpublic school in Kansas. Current law requires these reports for public schools only. Each scholarship is limited to $8,000 and there is a $10 million annual cap on the amount of tax credits available to fund the program. If the amount of credit exceeds the contributor’s tax liability in any one taxable year, the remaining portion of the credit may be carried forward until the total amount of the credit is used.

SB 32 - allows school districts to pay the tuition for a student's dual or concurrent enrollment in a postsecondary educational institution and requiring a tuition waiver for foster children who are dually or concurrently enrolled.

SB 36 - permits employees of salvage vehicle pools to perform vehicle identification number inspections and salvage vehicle pools and dealers to apply for ownership documents for vehicles that are disclaimed by insurance companies.

SB 55 - would clarify the authority of healing arts school clinics to provide healing arts services. The bill would allow schools statutorily exempted from State Board of Regents approval requirements to be exempted from the prohibition on the corporate practice of medicine. The bill would also allow for offsite clinics owned or operated by a school in partnership with other providers to engage in the practice of healing arts.

SB 58 - would add a provision to the Kansas Criminal Code that would prohibit the filing of certain liens or claims against real or personal property and provide for criminal penalties in such instances.

SB 64 - amends the Kansas Private and Out-of-State Postsecondary Education Institution Act

(Act) to clarify the State Board of Regents’ authority over private and out-of-state institutions. The bill would allow an institution currently exempt from the Act to apply to the Board for a certificate of approval if it is required for the institution to be eligible to receive federal Title IV student financial aid.

SB 70 - repeals the sunset on an exclusion of certain motor vehicle manufacturer rebates from the selling price for sales tax purposes. Current law excludes cash rebates granted by manufacturers to purchasers or lessees of new motor vehicles if such rebates are paid directly to retailers, but this provision is scheduled to sunset on June 30, 2021. Additionally, the bill would exclude discounts and coupons that are reimbursed by a third party from the definition of “sales or selling price” for the purpose of Kansas retail sales tax.

SB 4 - would make unlawfully tampering with electronic monitoring equipment a severity level 8, nonperson felony in the case of electronic monitoring equipment and would also make unlawfully tampering with electronic monitoring equipment a class A nonperson misdemeanor.

SB 56 - would amend law related to notices offering help to victims of human trafficking to require a prominent notice of help be posted in any place required to post notices to additional locations and businesses.

SB 68 - would authorize and establish a fee fund for a firefighter distinctive license plate.

SB 69 - would authorize the Love, Chloe Foundation distinctive license plate.

GOOD NEWS FOR SENATE DISTRICT #36

The Department of Commerce 2021 Community Development Block Grant Program has awarded 32 projects across the state totaling $13,864,149 of federal funds received to the state of Kansas. Six cities and counties in Senate District #36 will receive these grants: City of Concordia - $48,975, City of Mankato - $600,000, City of Lincoln - $35,000, City of Vermillion - $250,000, City of Russell – $116,228 and Phillips County $192,514. The CDBG program is administered by the Kansas Department of Commerce and provides federal funds to local government for the development of viable communities by addressing their house, public facilities and development needs. These funds are one of the Department’s primary tools in supporting the state’s small, predominately rural communities.

Governor Kelly announced the Historic Sites Board of Review awarded $1,168,492 for 15 historic preservation

projects across the state as part of the 2021 round of Heritage Trust Fund (HTF) grants. The Lincoln State Bank in Lincoln was awarded a $90,000 grant which was the maximum amount allowed in the program. The HTF reimburses expenses for projects that preserve or restore historic properties. Qualifying expenses include professional fees and construction costs. Properties owned by the state or federal governments are not eligible, but those owned by local governments, private individuals, non-profit, and for-profit entities qualify. Individual grant awards may not exceed $90,000 and must be matched by the grant recipient.

1099’s and Fraud

If you have received a 1099-G form from the Kansas Department of Labor, but have not filed for unemployment insurance benefits or if you or your employer have received this 1099-G form and you are still employed, please visit immediately https://uiassistance.getkansasbenefits.gov/ and fill out a “1099 Protest/Dispute.” Please be sure to upload an additional document known as an Unsworn Declaration which can be found here: https://www.dol.ks.gov/docs/default-source/ui-benefits-forms/1099-g-forms/k-frd-100.pdf.

If you have any reason to believe that your information is being used for fraudulent purposes in relation to unemployment insurance benefits, visit immediately https://www.dol.ks.gov/fraud and click “Click Here to Report Fraudulent Activity.” This year the agency also has a specific phone line for claimants to call with questions concerning 1099s. The number is 785-575-1461.

ORPHAN TRAIN PODCAST – Concordia

One of the true treasures in Senate District #36 is the Orphan Train Museum. This incredible facility and story is something every Kansan should see, understand, and celebrate. Under the leadership of Shaley George and her board of directors; the Museum continues to do an amazing job of collecting, archiving, and sharing the Orphan Train story which is such a critical part of both Kansas and American history. Scott Heidner with Braden Heidner Lowe & Associates in Topeka records podcasts of interesting people and places in Kansas and spent a day in Concordia and recorded a conversation with Shaley and it is now available to the public at https://bhlpodcasting.libsyn.com/bhl-podcast-show-ft-shaley-george-national-orphan-train-complex. Listen in and enjoy the discussion of this historic site.

I always encourage you to stay informed of the issues under consideration by the Kansas Legislature. Committee schedules, bills, and other helpful information can be easily accessed through the legislature’s website at www.kslegislature.org. You are also able to ‘listen in live’ at this website. Please do not hesitate to contact me with your thoughts, concerns, and suggestions. An email is the best at this point in the session.

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

www.elainebowers.com

2021 LEGISLATIVE SESSION

Senate Scene - Week 4

Senate Highlights

The Kansas Senate finished a busy fourth week of session with committee meetings and bills coming forward. The Senate held floor debate on Monday and Thursday passing out 14 pieces of legislation.

SNAPSHOT OF THE KANSAS LEGISLATURE 2021

The Kansas Senate consists of forty Senators – twenty-nine Republicans, eleven Democrats with sixteen women and twenty-four men. Eleven Senators live in cities of 100,000+ population, eleven with 20,000 to 100,000, six with 5,000-20,000 and six with 2,000-5,000 and six with 0-2,000. The Kansas House of Representatives consists of one-hundred twenty-five members with eighty-six Republicans and thirty-nine Democrats with thirty-three women and ninety-two men.

SENATE FLOOR ACTION

The Senate worked bills as the Committee of the Whole on February 1st and 4th debating bills and voting to move bills across the capitol to the House of Representatives for their consideration. Thirteen bills including noncontroversial bills called Consent Calendar items and two Senate Resolutions passing the Chamber.

SB 21 would retroactively ratify the results of a November 2020 election in Cherokee County imposing a 0.5 percent retail sales tax within the county approved by the governing body of Cherokee County.

SB 33 would authorize the Director of Vehicles at the Kansas Department of Revenue to issue a temporary display show license to a sponsor of a motor vehicle display show.

SB 47 would enact the Kansas Taxpayer Protection Act (Act) requiring on and after January 1, 2022, paid tax return preparers to sign any income tax return prepared and include the preparer’s federal preparer tax identification number on any return.

SB 27 would extend the sunset dates for certain funds, an advisory board, and operators’ ability to apply for funds relating to underground storage tanks (UST) by KDHE.

SB 28 would codify the National Association of Insurance Commissioners (NAIC) Credit for Reinsurance Model Regulation

SB 29 would amend the effective date specified in the Insurance Code for the risk-based capital (RBC) instructions promulgated by the National Association of Insurance Commissioners (NAIC) for property and casualty companies and for life insurance companies.

SB 1 would allow the State Fair Board to expend or transfer moneys from its State Fair Capital Improvements Fund in the same manner as moneys from its State Fair Fee Fund for fiscal year (FY) 2021 and FY 2022.

SB 16 would amend statutes to remove requirements that several reports and certifications be provided to the Legislative Division of Post Audit (LPA), the Post Auditor, or the Legislative Post Audit Committee.

SB 39 would change several license, bond, and permit renewal fee deadlines related to livestock and domestic animals from June 30 to September 30 of each year.

SB 53 establishes the membership of the Sedgwick county charter commission which, if created, will review and recommend changes regarding the structure of county government.

SB 38 would establish the Kansas Pesticide Waste Disposal Program (Program) that would be administered by the Secretary of Agriculture for the collection and disposal of pesticide waste. The bill would also create in the State Treasury the Kansas Pesticide Waste Disposal Fund (Disposal Fund) with the purpose of funding the Program.

SB 40 would add and amend law regarding the roles of the Division of Conservation within the Kansas Department of Agriculture (KDA) and the State Conservation Commission.

SR 1701- A RESOLUTION recognizing the need for the Governor of Kansas to administer the COVID-19 vaccine to law-abiding Kansans before administering the vaccine to healthy incarcerated individuals
SB24 would create the Energy Choice Act, which preserves the right to use natural gas throughout Kansas.

To review each bill in full including the easy-to-read supplemental note – go to www.kslegislature.org then Bills and Laws – you will be able to see each bill beginning from the first bill introduced to the last. You also will be able to search (the box to the right of the bill listing) by entering the bill number, choose the originating chamber (Senate or House) and click submit. The history of the bill, committee action and final action votes on the measure will be displayed.

February 5th Recognized as National Wear Red Day

SR 1708 recognized Friday, February 5th, as National Wear Red Day to signify the importance of the ongoing fight against heart diseases and stroke among women. The Resolution carried by Senator Carolyn McGinn recognizes and informs the public that Cardiovascular diseases are the number one killer of women in the United States with one death every 80 seconds. Heart attacks are on the rise among women across all ages with younger women less likely than older women to be aware of the warning signs of heart attacks and strokes. Cardiovascular diseases kills 1 in 3 women, despite the fact that about 80% of cardiac events can be prevented through education and lifestyle changes. The Resolution encourages women to move more, eat smart and manage their blood pressure to reduce their risk of cardiovascular diseases. The American Heart Association's Go Red for Women movement strives to motivate women to learn about their family history and to meet with ahealthcare provider to determine their risk for cardiovascular diseases and stroke.

Unemployment Problems

Many emails and calls from home are regarding Kansas unemployment. Over 700,000 fraudulent attempts were made on the Department of Labor’s new updated process of verification to the website on February 1st. For fraudulent 1099s received in the mail - go to the new self-service portal https://uiassistance.getkansasbenefits.gov/ to complete a dispute due to fraudulent activity in your name. A police report with a number will be produced - save this number for future use if necessary. It is a simple form and takes less than a couple minutes to complete. The agency also has a specific phone line for claimants to call with questions concerning 1099s. The number is 785-575-1461.

The department also suggests using Safari, Internet Explorer or Firefox. Some users have experienced errors when using Google Chrome or Microsoft Edge. They are also recommending accessing the site on a desktop and when using a mobile device to use Safari or Firefox. Multiple claimants cannot register with the same email address so you will need to use an email unique to only you. Once you have received the verification email, do not click the button more than once and do not forward the email. Either of these actions will deem that link void. Feel free to call me in Topeka and as I have legislative liaisons in the Department of Labor to help as well.

As always, I’ll keep you updated on the activities of the Senate while we continue through the last few weeks before turn-around. I always encourage you to stay informed of the issues under consideration by the Kansas Legislature. Committee schedules, bills, and other helpful information can be easily accessed through the legislature’s website at www.kslegislature.org. You are also able to ‘listen in live’ at this website. Please do not hesitate to contact me with your thoughts, concerns, and suggestions. An email is the best at this point in the session.

Thank you for the honor of serving you!

Senator Elaine Bowers

Kansas State Capitol Building

Room 223-E

300 SW 10thSt.

Topeka, KS 66612

785 296-7389

Senate Scene - Week 3

SENATE HAPPENINGS

This week, the Senate standing committees continued to hold hearings and bring forward legislation. The Ways and Means Committee is starting to work the budget bill with subcommittee meetings to report to the full committee in a few weeks. The Senate will be returning to General Orders where we will see the first committee bills to have a vote from the entire Senate.

SENATE FLOOR ACTION – HCR 5003

With a vote of 28-11, the Kansas Senate passed the Value Them Both Amendment to reverse the Supreme Court ruling (6-1) from Hodes & Nauser v Schmidt. HCR 5003 would amend the Bill of Rights of the Constitution of the State of Kansas by adding a new section regarding the regulation of abortion. It states that nothing in the state constitution requires the government to fund abortion and does not create or secure a right to abortion. HCR 5003 does not ban abortion as it is federal law. It also provides that the people of Kansas through their elected state legislators may pass law regarding abortion and these laws would remain subject to the United States Constitution protection of an individual’s right to abortion. A “yes” vote on the ballot for the Value Them Both Constitutional Amendment keeps regulations and laws already in place and approved by voters on the books basically returning us to 1972 after the Roe Vs Wade ruling. Four key regulations that have received bipartisan support throughout the legislature since 1972 – Women’s Right to Know & 24 hours waiting periods (1997), parental notification (2011), clinic licensing laws (clinic inspections-2011) and no taxpayer funding of abortions (2013). I voted yes. I believe it is important that women are given the most basic information about their doctor; that minor children are not left to make important decisions on their own; that women can know that they will enter a clean, safe facility; that Kansas will not be forced to pay for abortions and people have the right to regulate the abortion industry through the legislative process. Kansas is not alone in amending their Constitution - six other states have already passed similar amendments and other states are considering amendments this session. Last week, the House of Representatives adopted the amendment by a vote of 86-38. As HCR 5003 was adopted in both chambers, then it will now appear on the primary election ballot held in August 2022.

GOVERNOR SIGNS SB 14 INTO LAW
On Monday, Governor Kelly signed SB 14 into law, which continued the protections within the Kansas Emergency Management Act (KEMA) as adopted in the Special Session in June of 2020, which were set to expire on January 26th. It extends the limitations on the governor’s executive powers until March 31st, thus maintaining and strengthening the protections for Kansas families and businesses. As a result of the bill being signed into law, Kansas businesses now have the assurance of knowing they will remain open. In addition, critical provisions ensuring local control over decision-making remain on the books. The quick work on the legislation will now allow the Kansas Legislature the time necessary to take a deeper dive into the many statutes surrounding the Kansas Emergency Management Act (KEMA) and craft legislation that will address the myriad of issues within it on a long-term basis. While KEMA was largely designed to deal with localized disasters such as floods and tornadoes, this time will allow the legislature to ensure our laws envision similar statewide situations, such as pandemics, in the future.

COMMITTEE WORK

TRANSPARENCY AND ETHICS

Secretary of State Scott Schwab updated the committee on the 2020 elections and results across the state. The November 3rd general election saw historic turnout, despite the Coronavirus pandemic. In the 2020 general election, 1,375,125 votes were cast, meaning 70.9% of Kansas voters participated. There were 1,938,560 registered voters prior to the 2020 general election. For reference, roughly 1,225,667 registered voters or 67.4% participated in the 2016 general election. There were 459,229 advance mail ballots, 371,854 advance in-person ballots and 544,042 in-person ballots cast on election day November 3rd, 2020.

Last year (2020) was the first year for post-election audits occurring in major, statewide election. In presidential election years, state law (KS 25-309) requires counties to audit one federal race, one state legislative race and one county race. The Secretary of State office selects races to be audited by Kansas counties following each candidate election. The office must transmit audit orders to each county no later than 24 hours after the close of polls on election day. The audit process went well across the state. Each county audited at least 1% of precincts within their county and three races. All 105 counties matched exactly to the unofficial election night returns or were able to explain discrepancies of one or two votes. Discrepancies center around manual review determining voter intent was different than the machine count due to odd marking of the ballot or the voter marking the oval too lightly for the machine to read. The Secretary reported all 105 counties in Kansas successfully completed their post-election audits from the November general election. All votes were accounted for and foul play, of any kind was not found.

The Secretary also stated unlike many other states which struggled to implement mail balloting for the first time, Kansas’ election system has 25 years of experience with mail ballots and has developed the institutional knowledge, procedures, and infrastructure to securely process the anticipated increase in mail ballot use at the general election. The Kansas election system’s ability to handle the surge in mail ballots in the 2020 election demonstrated the election system’s capabilities.

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 however Governor Kelly called for the shutdown of the department’s processing system January 30th through February 2ndto allow for a new verification process and for the staff to catch up on claims waiting for processing.

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 to https://www.fraudreport.ks.govand 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

TransUnion 1 (800) 680-7289

· Contact your financial providers (banks, credit card companies, etc.) to flag irregular transactions.

· Check your Social Security earnings statements online to make sure your reported wages are correct

at www.socialsecurity.gov/myaccount.

If you need additional help, please email my office or call and I will contact the Department of Labor to help with your case.

KANSAS DAY

January 29th of 2021 marked the 160thanniversary of President James Buchanan signing a bill to make Kansas the 34thstate of the United States of America. Kansas is full of rich history, beautiful scenes of nature, and notable landmarks. In Kansas Senate District 36, we have remarkable landmarks such as the Nazareth Motherhouse in Concordia, Rock City outside of Minneapolis, and the “Home on the Range Cabin” in Smith County, birthplace of our state song. “Home on the Range” was adopted by the Kansas State Legislature as the official state song on June 30, 1947. Along with our state song, Kansas has not one, but TWO official state marches, “The Kansas March” and “Here’s Kansas.” But while the marches are grand, nothing brings as much pride into the hearts of the residents of the Sunflower State as that of seeing our great flag dancing in the breeze. The flag was designed by Hazel Avery of Lincoln County in 1925. Directly in the center on the field of blue is the Great Seal of the State of Kansas with our motto arching near the top: “Ad Astra Per Aspera” to the stars through difficulties. The flag was modified in 1961 by a bill introduced by Senator Ross Doyen of Concordia to add the word “KANSAS”.

TOLL-FREE LEGISLATIVE HOTLINE

Kansas residents can access information on legislation, legislative procedure, state government, public policy issues and more by calling 1-800-432-3924. Calls are answered by experienced reference/research librarians at the State Library of Kansas and kept confidential. Lines are open weekdays 8AM-5PM. Callers can also leave brief messages to be delivered to legislators as well as request copies of bills, journals, and other legislative documents. Questions can also be left at infodesk@ks.gov on weekends and evenings. Kansans can now chat with a librarian in real-time through the library’s Ask A Librarian service found at: kslib.info/ask. You will have the option of installing a mobile app connecting users to all the State Library’s services, including chat, texting and email. Text questions to 785 256-0733. The State Library is located on the 3rd floor, north wing of the Capitol. Currently, due to the Covid-19 pandemic, it is temporarily closed to walk-in service.

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

Senate Scene - Week 1 and 2

Senate Highlights

As we get settled into the first and second week of the 2021 legislative session, most of our work is concentrated in committees where bills are being prioritized and vetted. The Senate has 17 standing committees which cover many different topics, including education, agriculture, judiciary, budget and utilities—to name a few. Once a committee completes hearings and votes on a bill, if passed, it will then make its way to the Senate floor and the full body will begin to debate and vote on the measure. Floor debates and votes will begin in the coming weeks. If you’re interested in tracking our work, you can follow us at our website at http://www.kslegislature.org

Committee Assignments

My committees this year have changed a bit - the Ethics, Elections and Local Government committee is now two committees renamed Transparency and Ethics and Local Government. I will Chair Transparency and Ethics and will serve as the Vice-Chair of Local Government. I continue to serve on the Transportation, Judiciary and Utility committees and remain on the Historical Preservation Committee. I was also assigned to a new committee, the Joint Committee on Corrections and Juvenile Justice Oversight.

State of the State

On Wednesday, January 13th, Governor Kelly delivered her State of the State address virtually this year due to limited large group gatherings which has been the tradition in the House Chambers. Her address is the starting point for the budget process in Senate Ways and Means and House Appropriations and sets the tone for the upcoming session. Both committees are currently reviewing her budget proposals for 2021.

Senate Floor Action

Senate Bill 14 – extending KEMA (Kansas Emergency Management Act) deadlines - many of the provisions in HB 2016 which the Kansas Legislature passed last June will expire on January 26, 2021. The dates were extended in SB 14 to March 31st to allow for additional hearings to look at the sections of the current law from last year.

Senate Bill 13 - Truth in Taxation – this bill would repeal the property tax lid, establish notice and public hearing requirements for any taxing subdivision seeking to collect property taxes in excess of the subdivision's revenue-neutral rate, prohibit valuation increases resulting solely from normal maintenance of existing structures, and expand the allowed acceptance of partial payments or payment plans for property taxes.

Both bills were sent to the House for their consideration as a body.

Senate Confirmation

State law in Kansas requires that certain appointments by the Governor or other state officials be confirmed by the Senate prior to the appointee exercising any power, duty, or function of the office. On Thursday, January 21st, the Senate confirmed twenty-nine individuals to boards or agency heads and one Judicial post. Irv Mitchell of Russell County and Leonard Wolfe of Marshall County were both confirmed to serve another term on the State Banking Board.

Committee Action

Judiciary Committee

The Value Them Both Amendment to the Constitution, SCR 1602 & HCR 5003, were introduced in both the House and Senate and have both been passed out of their respective committees. This is the Legislative response to the recent ruling by the Kansas Supreme Court in Hodes & Nauser v Schmidt determining a woman has a constitutional right to an abortion. The proposed Constitutional Amendment allows elected officials regulation and oversight over abortions which has been the case for years. Some of these bills passed and signed by Governors are parental consent for minors, 24 hour waiting period and clinic sanitation and safety standards. The Amendment does not allow Kansas to over-rule federal law and will reinstate the role of the Legislature to regulate this industry like any other. The Amendment will require a 2/3rdmajority in each Chamber to move forward and then the question will be placed on the ballot for the public to vote on in 2022.

Transportation

Memorial Highway – Marshall County -SB19

Due to the shortened 2020 session, our Marshall County highway renaming bill failed to pass through the process to the Governor’s desk. I introduced a new bill in Senate Transportation committee – SB19 and a hearing will be scheduled next week. The bill will rename a five-mile portion of US Highway 77 from the western limit of the City of Blue Rapids to the eastern limit of the City of Waterville. This legislation would rename this highway section the “Corporal Allen Oatney and SP4 Gene Myers Memorial Highway.” This bill is in honor of Corporal Allen E. Oatney and Specialist Fourth Class Gene A. Myers, Waterville residents, who both were killed by hostile fire while serving their country during the Vietnam War. The memorial highway is a proposal from the American Legion Posts in Blue Rapids and Waterville. Funding for the project will be provided by Posts 169 & 332 through private donations. After it passes out of the Senate, Representative Lisa Moser (House District will #106) will continue the process through the House of Representatives.

Following the Kansas Legislature

You can view video streaming of both chambers via the Kansas Legislature YouTube page. In addition, many committees are now audio streamed and can also be viewed on the Kansas Legislature YouTube page. The Kansas Legislature website is easy to use with Senate and House calendars and journals as well as the rosters of both chambers. Here are the relevant links:

Website: http://www.kslegislature.org

YouTube Streaming: http://bit.ly/2CZj9O0

Committee Hearings: http://sg001-harmony.sliq.net/00287/Harmony/en/View/Calendar/

Office Information

My office remains in the same suite, 223E (East wing second floor) next to the cage elevator. Randi Walters who has worked in the Capitol for 18 years as an assistant and a committee assistant is in our office.

As session progresses, not every bill introduced will make it to the Governor’s desk, but that doesn’t mean opinions, facts and testimony wasn’t heard. Your participation in the state legislature is vital. As we continue to weed through the different bills, I hope to hear from you. I want to know how legislation will impact you and our district, or the ideas you have to improve a bill. A personal email with your thoughts is the best way to reach us as we sit in committees for most of the day and seldom get to stay at our desks for long periods.

Thank you for the honor of serving you!

Senator Elaine Bowers

Kansas State Capitol Building

Room 223-E

300 SW 10thSt.

Topeka, KS 66612

785 296-7389