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2008 Summary of Legislation

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					  Kansas LegisLature




2008 Summary
  of Legislation




Legislative Research Department
                      June 2008
  Legislative Coordinating Council (2008)


                  Chairperson

Representative Melvin Neufeld, Speaker of the House


               Vice-Chairperson

  Senator Stephen Morris, President of the Senate

      Derek Schmidt, Senate Majority Leader
     Anthony Hensley, Senate Minority Leader
       Ray Merrick, House Majority Leader
         Donald Dahl, Speaker Pro Tem
     Dennis McKinney, House Minority Leader



      Kansas Legislative Research Department
     300 SW 10th, Room 010-West, Statehouse
           Topeka, Kansas 66612-1504

             Telephone: (785) 296-3181
                 FAX: (785) 296-3824
              kslegres@klrd.state.ks.us
          http://www.kslegislature.org/klrd
                                             INTRODUCTION


      This publication includes summaries of the legislation enacted by the 2008 Legislature. Not
summarized are most appropriations bills; bills of a limited, local, technical, clarifying, or repealing
nature; and bills that were vetoed (sustained). However, these bills are listed beginning on page
172.


       During the 2008 Session, 702 bills were introduced: 309 in the Senate and 393 in the House.
In addition, 141 Senate bills and 357 House bills were carried over from the 2007 Session, for a
grand total of 1,200 bills that were alive during the 2008 Session. Of these 1,200 bills, 184 (15.3
percent) became law: 90 Senate bills and 94 House bills. Further, of the 184 bills becoming law, 163
(88.6 percent) were introduced by committees and 21 (11.4 percent) were introduced by individual
legislators.


      The Governor vetoed seven bills and five line items. All vetoes were sustained. No bills will be
carried over to the 2009 Session of the Legislature.
                                        TabLe Of CONTeNTs

AGRICULTURE AND NATURAL RESOURCES ................................................................1
ALCOHOL, DRUGS, AND GAMBLING ............................................................................ 11
BUSINESS, INDUSTRY AND COMMERCE ....................................................................13
CHILDREN AND YOUTH .................................................................................................15
COMMERCE AND LABOR ..............................................................................................17
ECONOMIC DEVELOPMENT..........................................................................................20
EDUCATION.....................................................................................................................25
ELECTIONS AND ETHICS ..............................................................................................35
EMPLOYERS AND EMPLOYEES ...................................................................................41
ENERGY AND UTILITIES ................................................................................................42
FEDERAL AND STATE AFFAIRS .....................................................................................50
FINANCIAL INSTITUTIONS .............................................................................................53
HEALTH............................................................................................................................57
INSURANCE ....................................................................................................................82
JUDICIARY.....................................................................................................................100
LOCAL GOVERNMENT .................................................................................................122
RETIREMENT ................................................................................................................127
SOCIAL SERVICES .......................................................................................................130
STATE FINANCES .........................................................................................................132
STATE GOVERNMENT..................................................................................................142
TAXATION ......................................................................................................................153
TRANSPORTATION AND MOTOR VEHICLES .............................................................160
VETERANS AND MILITARY ..........................................................................................167
APPROPRIATIONS BILLS .............................................................................................172
TECHNICAL BILLS ........................................................................................................173
BILLS VETOED BY THE GOVERNOR ..........................................................................174
SUBJECT INDEX ................................................................................................................ i
NUMBERICAL INDEX OF BILLS AND RESOLUTIONS ................................................xxiii
                     aGRICULTURe aND NaTURaL ResOURCes


Disposition of Republican River Compact settlement Moneys—sub. for sb 89

      sub. for sb 89 establishes the procedure for the distribution of any moneys recovered
from disputes relating to the Republican River Compact from either Colorado or Nebraska. In
addition, the bill creates the Republican River Water Conservation Projects-Nebraska Moneys
Fund and the Republican River Water Conservation Projects-Colorado Moneys Fund.


      The bill requires that out of the first moneys received from any dispute in any litigation
from both Nebraska and Colorado involving the Republican River Compact, 100 percent will be
credited to the Interstate Water Litigation Fund created by KSA 82a-1802. When those moneys
are credited to the Interstate Water Litigation Fund, the Director of Accounts and Reports will
transfer moneys from the Fund to the Interstate Water Litigation Reserve Account of the State
General Fund until the account balance reaches $20 million. The Attorney General is to certify
to the Director of Accounts and Reports expenses incurred in any litigation to resolve disputes
with Nebraska and Colorado on the Republican River Compact.


     After the amount required to be placed in the Interstate Water Litigation Fund Reserve
Account is satisfied, any remaining moneys from the State of Nebraska are to be deposited in
the Republican River Water Conservation Projects-Nebraska Moneys Fund.


    Likewise, any remaining moneys from the State of Colorado are to be credited to the
Republican River Water Conservation Projects-Colorado Moneys Fund.


      Moneys in the Republican River Water Conservation Projects-Nebraska Moneys Fund will
be allocated as follows:


     ● One-third to the State Water Plan Fund to be used for water conservation projects with
       priority given to those projects which will ensure the State of Kansas will remain in
       compliance with the Republican River Compact; and


     ● Two-thirds to be used for conservation projects in the Lower Republican River Basin.


    Of the moneys credited to the Republican River Water Conservation Projects-Colorado
Moneys Fund:
sub. for sb 89
     ● One-third of the money credited to the State Water Plan Fund to be used for water
         conservation projects; and




Kansas Legislative Research Department         1                    2008 Summary of Legislation
                                                                             sub. for sb 89 (Cont.)


     ● Two-thirds of the money to be expended only for conservation projects in those areas of
       the state in the Upper Republican River Basin in Northwest Kansas.


Republican River Water Conservation Projects

      The bill establishes the types of projects that may be funded by the moneys in the Republican
River Water Conservation Projects-Nebraska Moneys Fund and the Republican River Water
Conservation Projects-Colorado Moneys Fund. These project types include the following:


     ● Efficiency improvements to canals or laterals managed and paid for by an irrigation
       district;


     ● Water use efficiency upgrades;


     ● Implementation of water conservation of irrigation and other types of water uses;


     ● Implementation of water management plans or actions by water right holders;


     ● Water measurement devices and monitoring equipment and upgrades;


     ● Artificial recharge, funding the water transition assistance program, purchase of water
       rights and cost share for state or federal conservation programs that save water;


     ● Maintenance of the channel and the tributaries of the Republican River;


     ● Reservoir maintenance or purchase, lease, construction or other acquisition of existing
       or new storage space in reservoirs;


     ● Purchase, lease, or other acquisition of a water right; and


     ● Expenses incurred to construct and operate off-stream storage.


      Further, the bill permits any person or entity to apply to the Director of the Kansas Water
Office for expenditure of moneys from either the Colorado Moneys Fund or Nebraska Moneys
Fund. The Director and the Chief Engineer of the Division of Water Resources will review and
approve each proposed project for which moneys would be expended. Interest from those two
funds is to be credited to the State General Fund.




 Kansas Legislative Research Department          2                     2008 Summary of Legislation
                                                                             sub. for sb 89 (Cont.)


        Under the bill, priority for projects will be given to those needed to achieve or maintain
compliance with the Republican River Compact; those that achieve greatest water conservation
efficiency for the general good; and those that have been required by the Division of Water
Resources. Any project greater than $10,000 will be required to be a line item in an appropriation
bill of the Legislature.
sub. for sb 89
Wildlife and Parks Watercraft—Purchase of Liability Insurance—sb 157

      sb 157 requires the Department of Wildlife and Parks to purchase liability insurance
for watercraft used by the agency. Such insurance will provide liability coverage for agency
personnel and other persons riding in or on watercraft that are owned, operated, maintained,
or controlled by the agency. The provision will be effective upon publication in the Kansas
Register.
sb 157
failure to Comply With a Wildlife and Parks Citation—sb 267

     sb 267 creates the new crime of failure to comply with a wildlife and parks citation. The
new crime is defined as failure to:


      ● Appear before a district court in response to a citation and to pay any fine, court costs,
        assessments, or fees imposed in full;


      ● Fully pay or satisfy all fines, court costs, assessments, or fees imposed as part of a
        sentence of any district court for violation of the Kansas wildlife and parks laws; or


      ● Comply with a wildlife and parks citation as provided in law.


      Failure to comply with a wildlife and parks citation will be a class C misdemeanor, regardless
of the disposition of the original charge.


       Under the provisions of the bill, in addition to any other penalty, when a person fails to
comply with a wildlife and parks citation or sentence for a violation of wildlife and parks laws or
rules and regulations, the district court in which the person should have complied will be required
to mail such person a notice stating, if the person does not appear in the district court or pay
all fines, court costs, assessments, and any penalties imposed within 30 days, the Department
of Wildlife and Parks will be notified to forfeit or suspend any license, permit, stamp, or other
authorization issued by the Department. Upon receiving such notice, the Department will be
required to notify the violator and suspend or forfeit any permit, stamp, or license held by the
violator until receiving evidence of compliance from the district court.


     The bill provides, when the court notifies the Department of Wildlife and Parks of failure
to comply with a citation or sentence, the court is required to assess a reinstatement fee of



Kansas Legislative Research Department           3                     2008 Summary of Legislation
                                                                                        sb 267 (Cont.)


$50 for each charge or sentence not satisfied, except as otherwise provided in the bill. The
reinstatement fee is in addition to any fines, court costs, assessments, other fees, or penalties
arising from failure to comply with a wildlife and parks citation. The district court is required to
remit all reinstatement fees to the State Treasurer for deposit as required by present law, and the
State Treasurer is required to credit all such money to the State General Fund.


       The bill amends an existing statute to add “failure to comply with a wildlife and parks citation”
to the duty of a district court judge or clerk in regard to reporting to the Department of Wildlife and
Parks and specifies what is to be reported.
sb 267
agricultural and specialty Chemical Remediation act—amendments—sb 447

       sb 447 makes several amendments to the Agricultural and Specialty Chemical Remediation
Act which is designed to encourage remediation of pollution caused by agricultural chemical
contamination. One amendment modifies the maximum total amount of reimbursement for
eligible corrective action costs. Specifically, this amendment limits the total reimbursement to
$400,000 per site within a five-year period when the property has been sold or leased and both
the buyer and seller or lessee and lessor are responsible for remediation. As with the other
maximum amounts of reimbursement set by law, the new limitation could be modified by the
Kansas Agricultural Remediation Board through rules and regulations.


      In addition, the bill accomplishes the following:


      ● Imposes, in addition to the other assessments already established by law and credited
        to the Agricultural Remediation Fund, an annual assessment of $1,000 to be paid by the
        party responsible for a site that has been sold or leased when the seller or lessor still
        retains responsibility for cleaning up the site. As with the other assessments under the
        Act, this assessment is paid to the Secretary of Agriculture;


      ● Requires that in order for a site to be eligible for reimbursement, all applicable
        environmental assessments be paid for the site; and


      ● Extends the sunset of the Act from July 1, 2010 until July 1, 2020.
sb 447
field Trial Requirements and Prairie Dog Hunting—sb 474

      sb 474 amends the law to allow field trials to be conducted on a licensed controlled shooting
area without a permit. In addition, a non-resident who is participating in a field trial for dogs would
not have to have a hunting license if the field trial is not conducted on a controlled shooting
area.




 Kansas Legislative Research Department             4                     2008 Summary of Legislation
                                                                                      sb 474 (Cont.)


     In addition, the bill adds prairie dogs to the list of animals for which a resident of the state
does not need a license to hunt.
sb 474
Hunters feeding the Hungry, Inc.—sb 475

     sb 475 amends the law concerning certain contributions to Farmers and Hunters Feeding
the Hungry to reflect the new name of the organization. The group’s new name is Hunters
Feeding the Hungry, Inc.
sb 475
Food Safety—Clarification of Authority; Meat and Poultry Inspection
 Regulation; Sale of Certificates of Free Sale—sb 557

       sb 557 amends several provisions of the law to clarify that the Kansas Department
of Agriculture (KDA) has the authority to promulgate rules and regulations that require food
processing plants, food vending machine companies, and retail food stores to operate in a safe
and sanitary manner. This clarification, among other things, includes the authority to impose
civil penalties, seize contaminated food, allow a district court to restrain violations, allow the KDA
to contract with local entities for inspection services, and permit the Secretary to refuse to renew
a license. In addition, the bill enacts a new provision to permit all rules and regulations, orders
and directives of the Secretary of KDA with regard to food processing plants, food vending
machine companies, and retail food stores to continue to be effective until revised, amended,
revoked, or nullified pursuant to law.


       The bill also clarifies that the Department of Agriculture has the authority to license and
inspect food service establishments in food processing plants and enact new law to authorize
the Secretary of Agriculture to end the licensure period for food stores and food processing
plants on December 31 in the year they were issued. Failure to renew will result in a restoration
fee of $10. Another new provision allows the Secretary of Agriculture to adopt rules and
regulations permitting the issuance of a single, combined license for such entities as a food
service establishment located within a food processing plant. The bill provides that certain
entities will not be required to have an additional license if already licensed or registered under
another law. The fee for replacement of a lost or destroyed license for food vending machine
companies, retail food stores, and food processing plants is raised from $3 to $5.


      Further, the bill prohibits, on or after January 1, 2009, the Secretary of Agriculture from
promulgating or enforcing any rules and regulations in regard to meat and poultry inspection
that are more stringent, restrictive or expansive than required by federal law or any rule and
regulation adopted by the United States Department of Agriculture. If the Secretary determines
that a more stringent, restrictive or expansive rule and regulation is necessary, the Secretary
could implement it only after the approval by an act of the Legislature.


      Lastly, the bill enacts a new provision which allows the Secretary to issue certificates of
free sale upon request for a fee of an amount not to exceed $25 per certificate. The agency
is authorized to adopt appropriate rules and regulations for the issuance of certificates of free



Kansas Legislative Research Department            5                     2008 Summary of Legislation
                                                                                       sb 557 (Cont.)


sale. A certificate of free sale indicates that a business or other entity is licensed, permitted, or
registered.
sb 557
Irrigation District elections—sb 558

       sb 558 amends a statute that pertains to irrigation district elections. Specifically, the bill
allows the district board of directors to adopt a procedure providing for the election of the members
of the board of directors by mail ballot. The procedure requires the board to mail ballots to all
persons entitled to vote, receive and tabulate ballots, canvass the elections, and certify the results
to the county election officer. The irrigation district is responsible for the direct expenses of the
election. The ballot mailing must contain a declaration indicating that the person signing is a
qualified owner of irrigable land in the district. The bill also updates the law by replacing the word
“absentee” with “advance” in terms such as “absentee voting.”
sb 558
Transfer of food service and Lodging Inspection
  to Kansas Department of agriculture—sb 584

      sb 584 creates new statutes transferring all responsibility for the inspection and licensing of
food service establishments and lodging facilities from the Department of Health and Environment
(KDHE) to the Secretary of Agriculture effective October 1, 2008. The Division of Food Safety within
the Department of Agriculture (KDA) will be the continuation of the KDHE program concerning
food service and lodging following the transfer. The bill provides for the transfer and continuation
of applicable rules and regulations, orders, real property, employees, and agency records as well
as preserves any legal actions that commenced prior to the transfer. Certain restrictions on the
expenditure of appropriated funds by the Secretary of KDHE prior to the transfer were provided
upon publication in the Kansas Register and prior to October 1, 2008.


       The bill provides that the Secretary of KDA and the Secretary of KDHE establish a mechanism
for ongoing communication and access between the Division of Food Safety and the Division of
Health of KDHE. KDHE will be the lead agency for public health matters when human illness or
disease occurs. The two agencies are required to cooperate in the investigation of food borne
illnesses (effective October 1, 2008).


      The bill also amends prior law to change definitions and other language to reflect the transfer
of authority for food service and lodging establishments.


      In addition, the bill stipulates that hotels that provide only complimentary food service to
overnight guests are not required to purchase a food service license separate from the lodging
establishment license, but does not exempt food service establishments from inspection or
regulation.
sb 584




 Kansas Legislative Research Department            6                     2008 Summary of Legislation
National bio and agro Defense facility—Pledge of support—sCR 1624

       sCR 1624 states that the Kansas Legislature purposefully encourages the U.S. Department
of Homeland Security to consider Kansas’ demonstrated expertise and experience with research,
its existing facilities and security infrastructure, and the human resources already in place that
make Kansas a natural fit for the location of this new federal laboratory called the National Bio
and Agro Defense Facility.


      Copies of the Resolution were to be provided to President Bush and Vice President
Cheney, Secretary Chertoff of the U.S. Department of Homeland Security, Secretary Schafer
of the U.S. Department of Agriculture, Secretary Leavitt of the U.S. Department of Health and
Human Services, the Kansas Congressional Delegation and Governor Kathleen Sebelius.
sCR 1624
National bio and agro Defense facility—bond authority
 for a Capital Improvement Project—senate sub. for Hb 2001

      senate sub. for Hb 2001 authorizes the issuance of up to a net of $105.0 million in
revenue bonds for the purpose of supporting a capital improvement project relating to a National
Bio and Agro Defense Facility (NBAF). The bill requires the Kansas Bioscience Authority to
approve any such capital improvement project, including infrastructure related improvements,
such as electrical, water and sewer and a central utility plant, prior to the issuance of any bonds
by the Kansas Development Finance Authority. The Kansas Bioscience Authority will receive
the net proceeds from bond sales for making expenditures in support of the capital improvement
project.


      The bill requires that debt service will be financed by the State General Fund or any other
appropriate special revenue fund or funds, subject to appropriation by the Legislature. The term
for debt service is not to exceed 20 years from the date of issuance. No debt service payments
are required prior to July 1, 2009.


      In addition, the bill requires the Department of Administration to be responsible for
budgeting the payment of principal and interest on the bonds, subject to legislative appropriation
of moneys for debt payments. The bill provides that neither the state nor the Department of
Administration has the power to pledge the full faith and credit or taxing power of the state for
debt service. Likewise, an obligation of debt service on the bonds is not considered a debt or
obligation of the state for the purpose of Section 6 of Article 11 of the Kansas Constitution.
senate sub. for Hb 2001
Motor boat Noise abatement—Hb 2657

      Hb 2657 amends a statute that is a part of Article 11 of Chapter 32 that relates to noise
abatement for motorboats operated on Kansas waters. The amendment deletes the requirements
for mufflers to be installed on motorboats and changes the amount of permitted exhaust noise
to 92 decibels on the “A” weighted scale when subjected to a stationary sound level test as
prescribed by the Society of Automotive Engineers SAE J2005. SB 588



Kansas Legislative Research Department          7                     2008 Summary of Legislation
                                                                                       Hb 2657 (Cont.)


        The bill authorizes an officer who is authorized to enforce the noise standard and who has
cause to believe a motorboat is not in compliance to direct the operator to submit the boat to an
on-site test. The owner of a motorboat that is in violation of the noise standard is given 60 days
from the date of the violation to bring the vessel into compliance. It is the owner’s responsibility
to have the motorboat tested by the Department of Wildlife and Parks after taking action to bring
it into compliance, and, if the test is failed, not to operate the motorboat on Kansas waters until
the Department certifies compliance. Failure to comply with a request or direction of an officer
pursuant to the statute is a class C misdemeanor.


      “Motorboat” for the purposes of the bill is any vessel propelled by machinery.


      The bill became effective on publication in the Kansas Register.
Hb 2657
Petroleum Inspection fee fund and agricultural Chemical Registration—Hb 2660

      Hb 2660 amends the law relating to the Petroleum Inspection Fee Fund. The bill decreases
the amount of moneys raised by the petroleum inspection fee and transferred to the State General
Fund from $250,000 to $100,000.


       In addition, the bill amends a section of law dealing with agricultural chemical (pesticide)
registration to allow the Secretary of Agriculture to adopt rules and regulations to permit agricultural
chemicals to be registered for a period not to exceed three years. In addition, the bill permits the
Secretary of Agriculture to charge a fee in an amount not to exceed $150 times the number of
years for which the agricultural chemical would be registered.
Hb 266
abandoned Oil and Gas Well fund—extension—Hb 2735

      Hb 2735 extends the sunset date from July 1, 2009, to July 1, 2016, for the Abandoned
Oil and Gas Well Fund to receive quarterly transfers of $100,000 from each of the State General
Fund, the State Water Plan Fund, and the Conservation Fee Fund.
Hb 2735
Tagging of big Game and Turkey—Hb 2748

       Hb 2748 amends two existing statutes relating to the tagging of big game and turkey. The
bill accomplishes the following:


      ● Requires a permittee, if required by rules and regulations adopted by the Secretary of
        Wildlife and Parks, to permanently affix the carcass tag to the carcass of any wild turkey
        immediately after killing the wild turkey;




 Kansas Legislative Research Department             8                     2008 Summary of Legislation
                                                                                  Hb 2748 (Cont.)


     ● Makes it unlawful to possess a carcass of a big game animal, taken in the state, unless
       a carcass tag, issued by the Secretary, is attached to it, in accordance with rules and
       regulations adopted by the Secretary;


     ● Makes it unlawful to possess a carcass of a wild turkey, taken in the state, unless a
       check station tag, if required and issued by the Secretary, is attached to it, in accordance
       with rules and regulations adopted by the Secretary; and


     ● Makes it unlawful to possess a carcass of a big game animal or wild turkey, taken
       within the state, unless a check station tag, if required and issued by the Secretary is
       attached to it, in accordance with rules and regulations adopted by the Secretary.
Hb 2748
Water Appropriation Permits—Prohibitions from Approving;
  Creation of study Committee on Water Rights Issues—senate sub. for Hb
2860

       senate sub. for Hb 2860 prevents the Chief Engineer of the Division of Water Resources,
Kansas Department of Agriculture, from approving a permit to appropriate water submitted on or
after January 1, 2008, by any public wholesale water supply district located in Douglas County
or by any public agency that has entered into an agreement for organizing any public wholesale
water supply district located in Douglas County, unless the district or public agency acquired
legal access to the proposed point of diversion:
senate sub. for Hb 2860
    ● Prior to January 1, 2008;


     ● By voluntary means including, but not limited to, purchase or gift; or


     ● By means other than voluntary not less than 10 years prior to application for a permit.


     The provisions of the bill are part of and supplemental to the Kansas Water Appropriation
Act. In addition, the bill requires the Legislative Coordinating Council to designate a special
committee in the 2008 and 2009 interim to study and investigate issues concerning the use of
eminent domain as it relates to water rights and other issues concerning water rights.


     The provisions of the bill expire on June 30, 2010, and took effect upon publication in the
Kansas Register.
senate sub. for Hb 2860
Grain Commodity Commissions—Increase in assessments
 and Other amendments—Hb 2897

      Hb 2897 makes several statutory changes regarding the grain commodity commissions.




Kansas Legislative Research Department          9                     2008 Summary of Legislation
                                                                                        Hb 2897 (Cont.)


Commodity Commission Membership Provisions

       The bill allows each commission, by majority approval of the commissions, to appoint a
first purchaser as a member of the Commission in addition to the other two potential at-large
members provided by the law. A first purchaser will serve a term determined by the Commodity
Commission not to exceed a three-year term of appointment and must be a Kansas resident and
have been a first purchaser for at least five years preceding the appointment. SB 588


      A first purchaser, as defined in the law, is any person, public or private corporation, association
or partnership buying, or otherwise acquiring after harvest, corn, grain sorghum, soybeans, or
wheat from a grower. This definition also includes a mortgagee, pledgee, lienor or other person
having a claim against the grower under a nonrecourse loan made against the grower of such
commodities.


Commission Assessment Rates Provisions

      The provisions dealing with assessment rates are modified to provide:


      ● The assessment rate set by the corn and grain sorghum commissions increases from
        not more than 5 mills per bushel to not more than 10 mills per bushel;


      ● The assessment rate set by the soybean commission changes from not more than 20
        mills per bushel to one-half of 1 percent of the net market price received by the grower;


      ● The assessment rate set by the wheat commission increases from not more than 10
        mills per bushel to not more than 20 mills per bushel;


      ● The assessment rate set by the sunflower commission increases from not more than
        seven and one-half mills per bushel ($0.03) to $0.06 per cwt;


      ● That assessments for any commodity are prohibited from being collected while a national
        checkoff program for that commodity remains in effect; and


      ● That collections of assessments are reinstated upon the withdrawal of a national checkoff
        program for that commodity.


Prohibited Activity

      The bill prohibits any grain commodity commission from engaging in lobbying as defined in
KSA 46-225. However, nothing in this prohibition is to be construed to prohibit any commission
from engaging in any action designed to market the commodity or products directly to a foreign
government or political subdivision of a foreign government.
Hb 2897

 Kansas Legislative Research Department            10                      2008 Summary of Legislation
Kansas Reservoirs—extension of Productive Life—HCR 5028

       HCR 5028 memorializes the United State Army Corps of Engineers, Bureau of Reclamation
and United States Congress to partner with the State of Kansas in order to extend the productive
lives of reservoirs in Kansas.


      Some of the noted facts in the resolution state that:


     ● Sediment levels in the reservoirs contribute to the loss of storage capacity for drinking
       water and drought-prevention purposes, as well as the loss of water quality for drinking
       water supply purposes and the loss of access to recreational opportunities;


     ● It will be less expensive and less technically challenging to address the loss of water
       storage and increased sediment in each reservoir before such conditions constitute a
       crisis;


     ● Members of the partnership are to identify and amend statutory and regulatory
       prohibitions against the management of reservoirs as systems, rather than individually;
       and


     ● The Secretary of State is directed to send an enrolled copy of the resolution to the
       Assistant Secretary of Army (Civil Works), the Commissioner of the Bureau of
       Reclamation and each member of the Kansas Congressional delegation.
HCR 5028
                          aLCOHOL, DRUGs, aND GaMbLING


Controlled substances—sub. for Hb 2545

      sub.     for     Hb     2545 adds    specific   hallucinogenic   drugs     such       as
3,4-methylenedioxymethamphetamine (Ecstasy) to the list of substances that are illegal to
possess or have under one’s control. A second conviction under the provisions of the bill is a
drug severity level 4 felony.


farm Winery Permits—Hb 2908

      Hb 2908 allows a farm winery to sell wine, manufactured by the winery, to holders of
temporary permits who sell and serve alcoholic liquor. The bill allows the temporary permit
holders at the State Fair to sell, in its original, unopened container, wine that is being sold by
the glass.




Kansas Legislative Research Department         11                    2008 Summary of Legislation
                                                                                          Hb 2908 (Cont.)


      The bill eliminates the requirement that not less than 50.0 percent of agricultural products
used in the manufacturing of domestic microbrewery beer be grown in Kansas.


      The bill permits consumption of alcoholic liquor on the premises of any Kansas National
Guard Armory as authorized by the rules and regulations of the Adjutant General and upon
approval of the Kansas Military Board. In addition, a defendant who has served a minor under 21
years of age can use as evidence against the revocation, suspension, or imposition of a fine, that
the driver’s license or identification card presented by the minor reasonably appeared to contain a
photograph of the minor purporting to establish that such minor was 21 years of age. The bill also
requires a retailer, prior to selling a keg of beer or cereal malt beverage, to record what reasonably
appears to contain a purchaser’s picture and signature.


      Finally, the bill allows issuance of a license to sell retail alcoholic liquor in the original package
on premises located in an unincorporated area of a county.
Hb 2908
expanded Lottery act funds—senate sub. for Hb 2946

       senate sub. for Hb 2946 addresses the use of monies from expanded gaming. The
2007 Legislature in SB 66 which established the expanded gaming provisions for state-owned
racinos and casinos also created the Expanded Lottery Act Revenues Fund (ELARF) to receive
the state’s share of the revenues after disposition of operating expenses and statutory transfers
of all other money collected. SB 66 also provided for three statutory uses for which money in the
ELARF could be used: ad valorem property tax, infrastructure improvements, and debt relief.
       The revised estimate for FY 2009 revenues that would be deposited in the ELARF is $57.9
million, and contingent upon a favorable State Supreme Court ruling on the Expanded Lottery Act
(2007 SB 66). The FY 2010 estimate for the ELARF is $111.9 million.


      Section 19(d) of the bill authorizes a transfer of $7,060,000 from the ELARF in FY 2009 to
the State General Fund for partially reimbursing the KPERS bond payments.


       Section 36(a) of the bill provides for the transfer or expenditure of funding from the ELARF
beginning in FY 2009 or FY 2010 for the purpose of paying debt service on $20.0 million of bonds
for the School of Pharmacy expansion project.


      Section 36(d) of the bill provides for the transfer of $15.0 million in FY 2010 and FY 2011
from the ELARF to the School of Pharmacy Expansion Project Fund


senate sub. for Hb 2946




 Kansas Legislative Research Department             12                       2008 Summary of Legislation
                        bUsINess, INDUsTRY aND COMMeRCe


Discrimination Against Volunteer Firefighters—sb 438

      sb 438 prohibits an employer from terminating any employee because the employee
serves as a volunteer firefighter, volunteer certified emergency medical services attendant,
volunteer reserve law enforcement officer, or volunteer part-time law enforcement officer. The
protection does not apply to full-time firefighters or law enforcement officers who volunteer as
emergency services attendants, firefighters or law enforcement officers.
sb 438
Rules and Regulations filing act—sb 579

      sb 579 requires state agencies to consider the impact of proposed rules and regulations
on small businesses. The bill defines “small businesses” as any person, firm, corporation,
partnership or association with 50 or fewer employees, the majority of whom are employed in
the State of Kansas.
sb 579
Kansas Home Inspectors Registration board—Hb 2315

      Hb 2315 creates the Kansas Home Inspectors Registration Board. The Board consists of
five members to be appointed by the Governor. Three of the members must be home inspectors
who actively have been engaged in the practice of home inspections for at least five years and
have completed at least 1,000 paid inspections. The other two members must be members of
the general public, neither of whom may be a home inspector. Each congressional district will
be represented by at least one Board member. The Board is empowered to hire clerical support
and has rule and regulation authority.
      The bill requires all individuals who conduct home inspections in counties with populations
of more than 60,000 to register with the Board by July 1, 2009, unless they are specifically
exempted by the bill. Home inspectors working in counties with a population of 60,000 or less
are required to register with the Board by January 1, 2011, unless they are specifically exempted
by the bill. The bill exempts:


     ● Tradesmen or contractors evaluating two or fewer components or systems;


     ● Individuals employed by the State or a political subdivision of the State;


     ● Architects licensed by the State;


     ● Professional engineers licensed by the State;


     ● Real estate appraisers licensed by the State;



Kansas Legislative Research Department        13                     2008 Summary of Legislation
                                                                                 Hb 2315 (Cont.)


     ● Real estate brokers and salespersons licensed by the State;
Hb 2315
    ● Insurance adjusters;


     ● Manufactured home manufacturers licensed by the State or their employees;


     ● Modular home manufacturers reviewing homes built by their company;


     ● Licensed manufactured home dealers;


     ● Licensed insurance agents or their employees;


     ● Homebuilders viewing homes built by them; and


     ● Pest exterminators or chemical applicators.


     To become a registered home inspector, applicants must show:


     ● They are at least 18 years of age;


     ● They have successfully completed high school or its equivalent, or are engaged in the
       practice of performing home inspections on the effective date of the act;


     ● Proof of general liability insurance coverage of no less than $100,000;


     ● Proof of financial responsibility for up to $10,000 through one of the means specified in
       the bill;


     ● They have successfully passed a written or electronic exam as approved by the Board;


     ● Proof of membership in good standing in one or more nationally recognized organizations
       for home inspectors; and


     ● Successful completion of 80 hours of education as approved by the Board, or performance
       of two years of experience and 100 paid inspections for inspectors in counties with
       populations of more than 60,000 or two years of experience and 35 paid inspections for
       inspectors in counties with populations of less than 60,000.




 Kansas Legislative Research Department       14                    2008 Summary of Legislation
                                                                                   Hb 2315 (Cont.)


     Registrations need to be renewed every two years, and the Board has the authority to
revoke the registration under the conditions of the bill. The bill also creates the Home Inspectors
Registration Fee Fund.


      The bill establishes standards of conduct for home inspectors. The bill also sets $10,000 as
the standard liability amount on errors or omissions for home inspectors, and requires inspectors
to carry a minimum of $100,000 in general liability insurance. Inspectors are prohibited from
entering into contracts setting their liability below this amount, but it can be set higher if the
customer agrees in writing. Home inspectors also are prohibited from certain acts:


     ● Inspecting for a fee any property in which the inspector has a personal interest unless
       the client is notified in writing;


     ● Offering kickbacks or commissions in exchange for referrals; and


     ● Performing home inspections where the result is determined in advance.


      The bill also defines violations of the Act as Class A nonperson misdemeanors.
Hb 2315
“Scrap Metal” Definition—Hb 2692

      Hb 2692 amends the statute that defines “scrap metal” to include stainless steel as a
regulated scrap metal. That amendment would place scrap metal dealers who purchase stainless
steel under the same requirement as other scrap metal dealers in regard to maintaining records
of the persons from whom they purchase the metal.


     The bill also amends the definition of “junk” in KSA 50-619 to exclude aluminum in food or
beverage containers.
Hb 2692
                                  CHILDReN aND YOUTH


Matching Liability Insurance Claimant Information against
 Child support Debtor Information—House sub. for sb 273

      House sub. for sb 273 enacts new law and amends existing child support enforcement
law to authorize the Secretary of Social and Rehabilitation Services to enter into a business
agreement with any organization to match information about child support debtors against
information about liability insurance claimants. The Secretary is allowed to disclose information
about any individual who owes past due support in a Title IV D case if the debtor owes at
least $25. The Secretary also is required, to the extent feasible, to require or provide secure
electronic processes for disclosing information about support debtors to the matching entity and



Kansas Legislative Research Department         15                     2008 Summary of Legislation
                                                                      House sub. for sb 273 (Cont.)


for any insurance companies disclosing information about claimants to such matching entity. The
Secretary is given the authority to adopt rules and regulations as may be necessary to administer
the provisions of the bill.
House sub. for sb 273
      Insurance companies that provide liability coverage are required to disclose information
about a claimant, as instructed by the Secretary, if the claimant’s aggregate claim totals $1,000
or more. The insurer is permitted under the bill to disclose information, at the insurer’s discretion,
about its claimants who have a claim that totals less than $1,000. The disclosure of information is
required to be made as soon as reasonably possible after the first submission of the claim.


        The bill provides that an insurer and its agents could not be held liable for any disclosures
of information that are made in good faith in accordance with the provisions of this bill. The
bill allows insurers the option of receiving requests for information on identified claimants from
either the Secretary or from the entity responsible for the data matching. The bill also prohibits a
participating insurer from being assessed a fee.


       The bill also amends a statute prohibiting the illegal obtaining or communication of
confidential information about absent parents to include information obtained under the provisions
of the bill applying to support debtors. (Under existing law, any person who either illegally obtains
or communicates confidential information is guilty of a class B nonperson misdemeanor. Any
person who either obtains under false pretenses or willfully communicates the information is guilty
of a level 10, nonperson felony.)
House sub. for sb 273
Juvenile Corrections—sb 410

      sb 410 clarifies existing statutory language dealing with the four current juvenile
correctional facilities. In addition, the bill authorizes the appointment of a superintendent and
deputy superintendents and eliminates the attorney position at the Kansas Juvenile Correctional
Complex.


       The bill eliminates references to the Topeka Juvenile Correctional Facility (TJCF).
All references to the TJCF in contracts and documents are attributed to the Kansas Juvenile
Correctional Complex. The bill allows the Commissioner of Juvenile Justice to appoint a
superintendent and a deputy superintendent for each institution and permits a person to serve
as a superintendent at more than one institution. Further, the bill authorizes the appointment of
an acting superintendent in the case of a vacancy. The bill eliminates the statutory authority to
appoint an attorney employed by the Kansas Juvenile Correctional Complex. The bill repeals the
statute that finds any individual convicted of assisting or harboring an escaped juvenile from a
juvenile correctional facility guilty of a misdemeanor.


    Finally, the bill clarifies that any reference to the commissioner in the code means the
Commissioner of Juvenile Justice or the Commissioner’s designee.




 Kansas Legislative Research Department          16                      2008 Summary of Legislation
                                                                                     sb 410 (Cont.)


      The bill became effective upon its publication in the Kansas Register.
sb 410
Juvenile Population Projections—sb 418

      sb 418 amends current law to require the Kansas Sentencing Commission (KSC) to
annually produce the juvenile correctional facility population projections. The juvenile population
projections are due no later than November 1 of each year. Additionally, the KSC is required
to develop bed impact memoranda on bills that may affect the juvenile correctional facility
population.
sb 418
                                  COMMeRCe aND LabOR


Real estate brokers’ and salespersons’ License act—Hb 2746

      Hb 2746 amends the Real Estate Brokers’ and Salespersons’ License Act regarding
licensure, prohibited acts, and definitions; creates a new section dealing with advertising by real
estate brokers and salespersons; and amends provisions dealing with licensed appraisers.
Granting or Renewal of License

        The bill requires the Kansas Real Estate Commission (Commission), when considering a
prior revocation, conduct, or plea of guilty, nolo contendere, or a conviction of a misdemeanor
which could reflect on the applicant’s honesty, trustworthiness, integrity or competence to
transact the business of real estate, to give consideration to the time lapse since such revocation,
conduct, or plea of guilty, or nolo contendere, or conviction of such misdemeanor happened. In
addition, the bill allows the Commission to grant an original license if the applicant’s application
is received 15 years after the date of the applicant’s “completion of any nonprison sanction or
suspension of the imposition of the sentence resulting from any plea of guilty or nolo contendere
to or conviction of any offense” or if the application is received five years after the applicant’s
completion of any nonprison sanction or suspension of the imposition of the sentence resulting
from any plea of guilty or nolo contendere to or conviction of any felony other than a felony that
requires the applicant to register under the Kansas Offender Registration Act. Furthermore, the
bill allows the Commission to renew or grant an original license where the applicant presents
sufficient proof that the applicant now bears a good reputation for honesty, trustworthiness,
integrity, and competence to transact the business of real estate.
Hb 2746
       The bill contains a licensing provision which deals with cancellation and reinstatement of
licenses which sets out the duties of the supervising broker, salesperson and associate broker
upon closure of a primary office regarding cancellation and reinstatement of the supervising
broker’s, salesperson’s and associate broker’s licenses or placement on inactive status. Other
provisions set out the duties of the branch broker, salesperson or associate broker upon closure
of a branch office regarding cancellation and reinstatement of the branch broker’s, salesperson’s
and associate broker’s license or placement on inactive status.




Kansas Legislative Research Department          17                     2008 Summary of Legislation
                                                                                        Hb 2746 (Cont.)


       The bill contains a provision increasing the civil fine imposed, for violation of prohibited acts,
from $500 to not to exceed $1,000. The bill also provides for a civil fine, not to exceed $5,000,
if the Commission makes specific findings that aggravating circumstances exist in the execution
of certain prohibited acts by a licensee. The bill creates measures which allow the Commission
to recover, from a civil fine imposed, its actual costs and attorney fees incurred to investigate
and prosecute a disciplinary case. Such costs and attorney fees are credited to the Real Estate
Commission Fee Fund. Any remaining balance is credited to the State General Fund.


      Other provisions prohibit a licensee from committing any act that is deemed unprofessional
conduct as defined by the Commission by rules and regulations and from attempting to represent
to any lender, guaranteeing agency or any other interested party, either verbally or through the
preparation of false documents, an amount in excess of the true and actual sale price of the real
estate or terms differing from those actually agreed upon.


Advertising

      Additionally, the bill sets out the prohibitions and guidelines for advertising by a licensee,
and includes that any time the balance in the Real Estate Recovery Revolving Fund is greater than
$250,000, any amount over the $250,000 can be used by the Commission to pay for production
and distribution of an agency newsletter; monitoring education courses; expansion of materials
available for consumers; and education grants to high schools and universities for course materials
on money management and home ownership.


Definitions

      The bill also adds definitions for the terms “exchange” and “interest.”


      Additional prohibitions for licensees are contained in the bill. Other provisions of the bill are
technical and clarifying in nature.
Hb 2746
Real estate and appraisals—Hb 2772

      Hb 2772 enacts new language regarding radon notification which requires each contract
for sale of residential real property to contain language notifying the buyer that the property may
contain radon gas, the cancer risks of exposure to radon, and the Kansas Department of Health
and Environment (KDHE) recommendations to test for such gas. Another provision requires
KDHE to provide its program website address, www.kansasradonprogram.org.


      In addition, the bill contains provisions dealing with real estate appraisals and sales
contracts.
Hb 2772
     The bill prohibits any person who is not a state certified or licensed appraiser from:




 Kansas Legislative Research Department            18                      2008 Summary of Legislation
                                                                                     Hb 2772 (Cont.)


      ● Engaging in any written appraisal in connection with a real estate related financial
        transaction; and


      ● Advertising or otherwise representing in any manner that such person is a state certified
        or licensed appraiser.


      The Real Estate Appraisal Board can recognize, on a temporary basis, the certification or
license of an appraiser from another state if the property to be appraised is part of a real estate
related financial transaction.
Hb 2772
      The bill adds the definitions of “broker price opinion” and “comparative market analysis”
to mean an analysis, opinion or conclusion prepared by an individual licensed as a real estate
broker or salesperson relating to the price of specified interests in or aspects of identified real
estate property that is provided to a potential customer, client or third party in the ordinary course
of business.


      The definition of a real estate related financial transaction is amended to include a federally
related transaction.


       An appraiser definition is added to the bill to mean a person who develops and communicates
real estate appraisals for real estate related financial transactions and holds a current valid
certification or license.


      The Board also does the following:


      ● Upon a finding that a person is not a state certified or licensed appraiser as required by
        the bill, impose the civil fine allowed in current law of $1,000; and


      ● Upon the determination that a person has violated the provisions of the bill regarding
        certification and licensure of an appraiser, issue a cease and desist order against such
        a person.


       The bill further provides that employees of financial institutions who conduct an appraisal
within the meaning of the state certified and licensed Real Property Appraisers Act or conduct
an evaluation in accordance with state and federal banking regulations are exempt from the
requirement that such person be state certified or licensed when the loan that is subject of such
appraisal is not intended to be sold in the secondary market. However, if the financial institution
disposes of the loan in the secondary market, the financial institution would be required to obtain
an appraisal by a state certified and licensed appraiser unless the employee who conducted the
prior appraisal is a state certified and licensed appraiser.




Kansas Legislative Research Department           19                     2008 Summary of Legislation
                                                                                    Hb 2772 (Cont.)


      The bill exempts qualified attorneys, certified public accountants, Kansas Department of
Transportation employees, and insurance agents and insurance employees from the prohibition
regarding a written appraisal.


      The bill also changes the penalty for violations of licensing and certification provisions to a
class A misdemeanor.
Hb 2772
                                 eCONOMIC DeVeLOPMeNT


Kansas Commission on Rural Policy—sub. for sb 453

     sub. for sb 453 creates the Kansas Commission on Rural Policy. The Commission is
tasked with developing recommendations for rural economic development based on four pillars:


     ● Fostering leadership;


     ● Youth retention;


     ● Promoting and financing rural entrepreneurship through the coordination of existing
       programs; and


     ● Wealth retention and generation.


       The Commission will have a Board of Directors consisting of nine voting members, subject
to confirmation by the Senate, each of whom must have outstanding knowledge in an area
relating to rural policy and development. The members will serve four-year terms. The Secretary
of Commerce, the Secretary of Agriculture, and the President of Kansas, Inc., will serve as ex
officio members of the Board.


      The Commission, as a centralized point of contact between various agencies and programs,
will develop recommendations for improving rural development efforts. The Commission must
submit annual reports to the Legislature beginning in 2009. The Commission will not duplicate or
compete with the functions of other State or federal agencies.


      The Department of Commerce is authorized to provide administrative assistance to the
Commission until September 1, 2010. By that date, it is anticipated that the Commission will find
its own funding either through a direct appropriation or through the acceptance of grants. The
Commission will sunset on July 1, 2011.




 Kansas Legislative Research Department          20                     2008 Summary of Legislation
                                                                          sub. for sb 453 (Cont.)


      The bill also requires regional foundations to administer a regional business development
fund to carry out their economic development projects. The bill also requires that 60.0 percent
of the money in the fund be spent on job creation or retention and not more than 10.0 percent
on administrative costs. These limits can be waived at the discretion of the Secretary of
Commerce.
sub. for sb 453
      The bill also increases the Rural Housing Incentive Act population limits as follows:


     ● Cities with a population less than 40,000 (current law) to 60,000 in a county with a
       population less than 60,000 (current law) to 80,000; and


     ● Counties with a population less than 40,000 (current law) to 60,000.
sub. for sb 453
Desoto/Johnson County Riverfront authority—sb 518

      sb 518 enacts the DeSoto/Johnson County Riverfront Authority Act.


      The bill creates the DeSoto/Johnson County Riverfront Authority , which consists of a six-
member governing and administrative Riverfront Board whose members are Kansas residents
and are not elected officials. Each member will serve a three-year term. Three members will be
appointed by the Mayor of DeSoto, with approval of the DeSoto City Council, and three will be
appointed by the Johnson County Commission. Members are to be reimbursed expenses for
performance of their duties.


      The purpose of the Authority is to promote the general welfare and encourage capital
investment by fostering the creation of recreational, retail, entertainment, economic development
and housing within the riverfront. The Authority is to engage in planning, designing, acquiring,
constructing, owning, operating and maintaining, for public use, a riverfront system.


      The Authority has the power to acquire by purchase, lease, or gift, real property or rights
in property, but does not have the power to acquire property by eminent domain. The Authority
is authorized to purchase equipment and recreational equipment, make public improvements,
construct dams and docks, and execute agreements, leases, and equipment trust certificates.


      Operating capital would have to be generated solely from income or revenue derived by
the Riverfront Authority and from grants. In addition, the Authority has the power to apply for,
and accept, grants from the federal, state or local government or any agency and from any other
public or private entity.


       The Authority has the power to invest any funds held in reserve, in sinking funds, or in
bonds or certificates. Also, the Authority will have the power to procure and enter into contracts
for insurance and indemnity against loss or damage to property.



Kansas Legislative Research Department         21                    2008 Summary of Legislation
                                                                                       sb 518 (Cont.)


      The Riverfront Board is required to take action by resolution and the resolution would have
to be approved by the Chairperson of the Board. All resolutions and proceedings are to be open
to the public. The Board may appoint a general manager who would manage the properties and
business of the Authority and would direct the enforcement of rules and regulations, created by
the Board, necessary to govern the operation of the riverfront and its property and facilities.


      The Board is required to establish a fiscal operating year and approve annual budgets. In
addition, the Board is required to prepare and print a detailed report and financial statement of its
operation and of its assets and liabilities. The reports will have to be available to the public and
copies will have to be filed with the City and County clerks. The Board is required to withdraw, from
the gross receipts of the Authority, moneys to be deposited in a Damage Reserve Fund to pay
for expenses and costs arising from the adjustment, defense, and satisfaction of all suits, claims,
demands, rights and causes of action and payment of all judgements against the Authority. The
Authority will be a municipality as defined by the Torts Claim Act and entitled to avail itself of the
protections afforded by the Act. The Authority may sue and be sued in its corporate name.
sb 518
air force Mid-air Refueling Tankers—sCR 1621

      sCR 1621 urges the Congress and the President of the United States to halt the contract
process for the Air Force mid-air refueling tanker until Congress and the President have reviewed
and approved all the technical, security, and economic aspects of the purchase. The Resolution
also urges the Congress and the President to take the following actions:


      ● Investigate the proposed outsourcing of taxpayer-funded jobs and its impact on the
        American economy; and


      ● Investigate and review the benefits, costs, and national security risks associated with
        contracting for the design and construction of high-technology military equipment and
        systems in and by foreign nations.


      Enrolled copies of the Resolution were to be sent to the President of the United States, the
Secretary of Defense, the Majority Leader of the United States Senate, the Speaker of the United
States House of Representatives, and each member of the Kansas Congressional Delegation.
sCR 1621
KDFA Bonds for Specific Aviation Projects—senate sub. for Hb 2006

      senate sub. for Hb 2006 amends the provisions of the Economic Revitalization and
Reinvestment Act. The bill provides that the Kansas Development Finance Authority (KDFA) may
issue bonds up to $33.0 million plus certain bonding expenses for an eligible aviation project and
in an aggregate principal amount not to exceed $150.0 million for all eligible aviation projects.
Under current law, KDFA can issue bonds of up to $500.0 million plus certain bonding expenses
for a project involving research, development, engineering, or manufacturing for an eligible
business engaged in manufacturing (this provision remains in law).




 Kansas Legislative Research Department          22                      2008 Summary of Legislation
                                                                  senate sub. for Hb 2006 (Cont.)


       The term “eligible aviation project” means a research, development, engineering or
manufacturing project undertaken to develop a new or improved business component or
product and may include product development and design, applied research, manufacturing,
improvement, replacement or acquisition of real or personal property and modernization and
retooling of existing property in Kansas.


      On the bonds issued, the principal and interest payments are paid by income tax withholding
moneys collected by the eligible aviation business from the company’s employees. Under prior
law, the interest on the bonds was to be paid, in whole or in part, by income tax withholding
moneys collected by the eligible business from employees involved in the eligible project.


     In order to be eligible for income tax withholding bonds for the eligible aviation project, a
person, corporation, partnership, or other entity doing business in Kansas must meet conditions
imposed by the Secretary of Commerce which may include the following criteria:


     ● Had an average payroll of at least $300.0 million (former law $600.0 million for an
       eligible business) in the base eligibility period, which would be defined as the three
       taxable years immediately preceding the date of application for benefits under the
       act;


     ● Had paid an average gross compensation of at least $50,000 per employee during the
       base eligibility period, which would be defined as the three taxable years immediately
       preceding the date of application for benefits under the act;


     ● Had invested at least $500.0 million (former law $1.0 billion for eligible business) in real
       and tangible personal property located and currently in use in Kansas; and


     ● Was classified as being in the manufacturing sector using the North American Industrial
       Classification System (NAICS).


     Aviation projects which are eligible for income tax withholding bonds are research,
development, engineering, or manufacturing projects. The projects are required to be:
senate sub. for Hb 2006
    ● Undertaken by an eligible business relating to the development of a new or improved
        business component or product;


     ● Proposed to invest a minimum of $500.0 million in Kansas in direct connection with the
       project; and


     ● Proposed to employ up to 4,000 full-time employees in Kansas for the project.




Kansas Legislative Research Department         23                     2008 Summary of Legislation
                                                                       senate sub. for Hb 2006 (Cont.)


       Under the bill, an entity may apply to the Secretary of Commerce to enter into an agreement
for withholding tax bonds under the Act. The application must include evidence that the applicant
is an eligible aviation business or eligible business and a detailed description of the eligible aviation
project or eligible project.


       If the Secretary of Commerce finds that the application is from an eligible aviation business
and that the project is an eligible aviation project, the Secretary may enter into an agreement
for withholding tax bonds under the amended act. This agreement would be subject to review
and approval by the State Finance Council. The agreement is required to have the following
components:


      ● The agreement must commit the Secretary to request that KDFA issue the bonds in
        an aggregate principal amount not to exceed $33.0 million (single project) or up to
        $150.0 million for all eligible aviation projects plus costs of issuance, costs of credit
        enhancement, reserve funds, and capitalized interest;


      ● The agreement must commit the eligible aviation business to pay the principal of and
        interest on the bonds; except that revenues collected for income tax withholding of the
        employees of the eligible aviation business with respect to the eligible aviation project
        would go to pay the principal and interest on the bonds;


      ● The agreement must specifically provide that, if the revenue from the withholding tax
        was insufficient to pay interest on the bonds, the eligible aviation business remains
        obligated to make the payments;


      ● The terms and conditions of the bonds must be set forth in the agreement or in the
        financing documents related to the bond issuance;


      ● If the eligible aviation business terminates, cancels, or reduces the scope of the eligible
        project approved by the Secretary, the agreement must provide that, with respect to debt
        service, the eligible business remains responsible for payment of the entire outstanding
        principal as well as any interest still outstanding and income tax withholding moneys
        would not be available to pay the portion of the debt service obligation;


      ● The agreement must contain a method for reconciling, at least annually, those income
        tax refunds and balances due resulting from income tax withholding with respect to the
        eligible aviation project; and


      ● The agreement must include a provision requiring the eligible aviation business to agree
        to be subject to post audit under the Legislative Post Audit Act and be responsible for
        audit expenses. The agreement also must provide that the eligible business could not
        limit access to information required under the Legislative Post Audit Act.




 Kansas Legislative Research Department            24                      2008 Summary of Legislation
                                                                   senate sub. for Hb 2006 (Cont.)


        The bill authorizes KDFA to issue bonds to finance the eligible aviation project. Under the
bill, the maximum maturity of the bonds would be 20 years unless the Secretary of Commerce
makes a finding that a maturity of more than 20 years is necessary, in which case the maximum
maturity of the bonds will be 30 years. The income tax withholding of the employees of the
eligible aviation business with respect to the eligible aviation project may go only to pay principal
and interest on the bonds for up to 20 years from the issuance of the bonds.
senate sub. for Hb 2006
      The bill describes the process for distributing the moneys from the Special Economic
Revitalization Fund to the KDFA and clarifies that distributions from the Fund would not be subject
to appropriation. The bill also clarifies that the interest generated by the Special Economic
Revitalization Fund will remain in that Fund.


       Under the bill, the eligible aviation business will not be allowed to participate in the
IMPACT program with respect to the eligible aviation project. The bill provides that the
Secretary of Commerce may include provisions in the agreement to limit or reduce the amount
of eligible income tax credits, including job expansion and investment tax credits, research and
development tax credits, and business machinery and equipment tax credits. However, the bill
does not prohibit the eligible aviation business from receiving tax credits for investments which
were unrelated to the bonds.


     The bill prohibits the use of bond proceeds to increase financial benefits for the chief
executive officer, chief financial officer, or any officers of the eligible business.


       The bill imposes a sunset of July 1, 2013, amending the original sunset of July 1, 2005,
after which time no new eligible project or eligible aviation projects could be approved for income
tax withholding bonds.


      The bill makes the hiring and use of employees from whom the income tax withholding
was collected subject to post audit under the Legislative Post Audit Act. All audit expenses
incurred would be paid by the eligible business or eligible aviation business.
senate sub. for Hb 2006
                                          eDUCaTION


state Universities’ Idle funds and
  state Housing Loan Deposit Program—House sub. for sb 387

      House sub. for sb 387 authorizes a pilot investment program for idle funds at the state
universities and a State Housing Loan Deposit Program.


     The bill authorizes the Board of Regents to designate one university to invest the core
balance of that state educational institution’s idle funds. This core balance is defined as non-




Kansas Legislative Research Department          25                     2008 Summary of Legislation
                                                                      House sub. for sb 387 (Cont.)


State General Fund dollars legally available for investment for a period of not less than twelve
months.


      Further, the bill authorizes the Board of Regents to establish and adopt procedures,
standards, and criteria for the program. The amount invested under the pilot program is limited
to $40.0 million at any one time and the core balance invested must be approved by the Board
of Regents. The investment funds under the pilot program will be managed by an independent
investment entity, designated by the university. The independent investment entity and the
university will make quarterly reports to the Board of Regents, or report on the request of the
Board of Regents.


      The pilot program may last no longer than five years, and could be terminated at any time
for any reason by the Board of Regents.


       The net interest earnings on the investments will go to the state treasury and will be credited
to the deferred maintenance support fund of the institution. If, for any reason, the pilot investment
program would end, the total amount of funds invested under the pilot investment program at
that time, as well as any net earnings, would be returned to the university and deposited and
accounted for as required by law.


      The Board of Regents must report each January to the Legislature on the details and results
of the pilot investment program until the program ends.


      The bill establishes the Kansas Housing Loan Deposit Program (HLDP), which provides
incentives for housing construction development loans. The program will:


      ● Be effective until July 1, 2011;


      ● Provide $60.0 million in allowable loans;


      ● Authorize the Pooled Money Investment Board (PMIB) to make loans to eligible lending
        institutions at a rate 2.0 percent below the market rate, and then be provided to borrowers
        at a rate no greater than 4.0 percent above that of the housing loan deposits rate; and


      ● Require that 50.0 percent of the allowable loans be made available to developer borrowers
        building houses in Chanute, Coffeyville, Erie, Fredonia, Greensburg, Independence,
        Iola, Neodesha, or Osawatomie, Kansas.


House sub. for sb 387




 Kansas Legislative Research Department          26                      2008 Summary of Legislation
Changes Regarding KaN-eD—House sub. for sub. for sb 391

      House sub. for sub. for sb 391 amends the statutes relating to KAN-ED to specify that
the following features will be allowed: universal provider interconnection or peering rights, and
competitively bid end-user KAN-ED connections. In addition, the bill prevents the creation of
a barrier to interconnecting to KAN-ED through unnecessarily difficult technical standards or
provider changes to access KAN-ED. However, KAN-ED still will be able to establish technical
standards for operation and maintenance of the network.
House sub. for sub. for sb 391
Kansas academy of Math and science—sb 404

    sb 404 amends existing law concerning the Kansas Academy of Mathematics and Science
(KAMS).


       The procedure for selecting pupils for admission to KAMS provides for admission of 20
pupils selected on a congressional district basis, with no more than five pupils from each of
the four congressional districts and 20 other pupils on a state-wide basis. (KAMS will have a
total of 80 students in its two classes.) The Board of Regents has the authority to expand the
number of pupils specified by law and could authorize admission of nonresident and international
academically talented pupils, as well as additional Kansas residents. However, at least three-
fourths of the total number of pupils enrolled in KAMS will be Kansas residents.


      The bill requires KAMS pupils to pay tuition in addition to fees. For pupils enrolled in a
Kansas school district, the tuition and fees are paid by the school district in which the pupil is
enrolled but do not exceed the total of an amount equal to the current base state aid per pupil.
Fees normally paid by a Kansas high school pupil are to be paid by the pupil. For pupils not
enrolled in a Kansas school district, the tuition and fees are to be paid by the pupil.


     The bill requires that a school district sending a pupil to KAMS not receive school finance
weightings or the amount of local option budget attributable to the pupil.


      The bill also clarifies that, solely for the purpose of KAMS, pupils are not required to
comply with the qualified admissions standards and are exempt from compulsory attendance
requirements.
sb 404
Kansas Challenge to secondary Pupils act—sb 421

      sb 421 amends the Kansas Challenge to Secondary Pupils Act. The definition of
“concurrent enrollment pupil” is amended to add persons enrolled in grade 10 to those eligible
to concurrently enroll in high school and postsecondary educational institutions.
sb 421




Kansas Legislative Research Department         27                    2008 Summary of Legislation
Military scholarships and salina area Technical College—sb 437

      sb 437 allows the selection committee at each ROTC institution (as defined by KSA 74-3255)
to award ROTC scholarships to qualified students who are enrolled at community colleges. The
State Board of Regents must approve a memorandum of understanding between the board of
trustees of the community college and the chief executive officer of the ROTC institution prior to
the awarding of any scholarships. This memorandum of understanding includes requirements for
student eligibility, the application process, and other relevant information.


      The bill also establishes the Military Service Scholarship Program. This Program awards
scholarships to Kansas residents who had served in military service in Iraq, Afghanistan, or on
foreign soil or in international waters in support of military operations in Iraq or Afghanistan for
90 days, or less than 90 days because of injuries received, following September 11, 2001. It also
includes individuals who had received an honorable discharge or served in the military operations
of Enduring Freedom, Noble Eagle, or Iraqi Freedom.


      The scholarships are awarded on a priority basis to applicants who have the greatest financial
need and are renewable for students who remain qualified. This financial need determination takes
into consideration federal military educational assistance received by the student. The number
and amount of scholarships awarded are determined by the Executive Officer of the State Board
of Regents but are not allowed to exceed the cost of fees and tuition. The scholarship is awarded
annually for the equivalent of four academic years based on full-time enrollment. The scholarship
allows for part-time enrollment and allows for fifth-year enrollment in some cases.


      The bill also designates the Salina Area Technical School as the Salina Area Technical
College.
sb 437
school safety Violations and Teacher Contracts—sb 470

       sb 470 amends current law regarding school safety violations. If a pupil who is 13 years of
age or older is found in possession of a weapon or illegal drugs at school or a school supervised
activity, or has engaged in conduct that could result in serious bodily harm, the chief administrator
of the school is required to make a report to the appropriate law enforcement agency. The report
must be given to a law enforcement agency as soon as practicable, but not more than ten days from
the date of the pupil’s act, excluding holidays and weekends. Upon receipt of the report, the law
enforcement agency will investigate the incident and give written notice to the Division of Vehicles
as soon as practicable, but not more than ten days after receipt of the report. If notice is provided
as required by law, the Division of Vehicles will immediately suspend the pupil’s driver’s license or
privilege to operate a motor vehicle in Kansas for up to one year. Upon suspension of the pupil’s
driving privileges, the Division of Vehicles will notify the pupil in writing. If the pupil makes a written
request for a hearing within 30 days, the Division will afford the pupil an opportunity for a hearing
to determine whether the ten-day notice was given to the appropriate law enforcement agency
and the Division of Vehicles regarding the incident. The bill expands the scope of the hearing to
determine whether or not there are reasonable grounds to believe the pupil was in possession of




 Kansas Legislative Research Department             28                      2008 Summary of Legislation
                                                                                   sb 470 (Cont.)


a weapon or illegal drugs, or if the conduct could have resulted in serious bodily harm, as
outlined in the incident report.


       The bill also repealed law that made any person who has been convicted of driving under
the influence of alcohol or drugs when the violation is punishable as a misdemeanor ineligible to
acquire a teaching license in Kansas. The bill also amended state law to make a conviction of
(or entering into a criminal diversion agreement for) the crime of endangering a child result in a
five-year ban from the teaching profession, a conviction of the crime of aggravated endangering
a child result in a lifetime ban from teaching profession, and a conviction of the crime of sexual
battery when the victim was under 18 or a student of the person committing the crime result in a
lifetime ban from the teaching profession.


      Because these requirements were covered in other statutes, the bill repealed KSA 72-5411
which required local boards of education to notify teachers of non-continuation of contracts by
May 1, and teachers not wishing to continue contracts must notify local boards of education by
May 15. Other statutes covering these issues include KSA 72-5436 et seq. and KSA 72-5451
et seq. The bill also amended KSA 72-5437, which established requirements for continuation
of teachers’ contracts to include retired teachers who are part of the Kansas Public Employees
Retirement System under the provisions of KSA 72- 5436 et seq.
sb 470
Fourth Year School Finance Funding; District Consolidation Incentives;
 Medicaid Replacement State Aid; Creation of Special Education
 funding Task force—sb 531

      sb 531 addresses school finance by establishing a Base State Aid Per Pupil (BSAPP) rate
of $4,492 for the 2009-2010 school year and beyond. Specifically, the bill does the following:
sb 531
     ● Increases BSAPP by $59 (from $4,433 to $4,492) for the 2009-2010 school year and
       beyond;


     ● Appropriates $37.2 million from the State General Fund in general state aid in FY
       2010;


     ● Creates the Keeping Education Promises Trust Fund with a $0 expenditure limit in FY
       2009;


     ● Transfers $37.2 million from the State General Fund to the Keeping Education Promises
       Trust Fund in FY 2009; and


     ● Transfers the $37.2 million back from the Keeping Education Promises Trust Fund to
       the State General Fund in FY 2010.




Kansas Legislative Research Department         29                    2008 Summary of Legislation
                                                                                       sb 531 (Cont.)


Medicaid Replacement State Aid

      The bill entitles each school district providing special education and related services to
pupils who receive Medicaid to receive Medicaid Replacement State Aid, subject to appropriation,
in an amount not to exceed $9.0 million per year. The State Board of Education will compute
Medicaid Replacement State Aid for each district by dividing the appropriation by the number of
pupils in the state receiving Medicaid special education and related services and multiplying the
quotient by the number of exceptional pupils receiving Medicaid-provided special education and
related services in each school district. The product is the amount of Medicaid Replacement State
Aid the district is entitled to receive. School districts will certify the number of exceptional pupils
receiving Medicaid services as of March 1 of each year. This provision takes effect in school year
2007-2008 and ends with school year 2009-2010.
sb 531
School District Consolidation

       The bill also changes current school district consolidation law. This bill provides a school
district desiring to consolidate before July 1, 2011, with another district with fewer than 150 pupils,
a guaranteed combined general fund budget for the year in which the consolidation takes place
plus two school years. Any school district with an enrollment of less than 150 pupils desiring to
consolidate after July 1, 2011, will receive only the combined general fund budget for the current
year plus one year. If a district has more than 150 pupils but fewer than 200 pupils, the combined
general fund budgets will be guaranteed for the current year plus three years. For a district with
more than 200 pupils, the combined general fund budgets will be guaranteed for the current year
plus four years. If three or more districts wish to combine, regardless of the number of pupils
enrolled in the districts, the combined general fund budget will be guaranteed for the current year
plus four years. In all scenarios, a consolidated district will receive either the guaranteed general
fund budget or the actual computed amount under current law, whichever is higher. The bill makes
parallel changes to another provision in law relating to the disorganization of a district and the
attachment of the territory of the disorganized district to another school district.


      The bill also allows local boards of education desiring to consolidate school districts to enter
into an agreement requiring a majority of the qualified electors of each school district proposed to
be consolidated to vote in favor of the consolidation.


At-Risk Pupil Weighting

       The bill also amends the high density at risk pupil weighting of the school finance plan. The
bill creates a new weighting called the medium density at risk pupil weighting. School districts
having an enrollment of at least 40.0 percent at risk pupils but less than 50.0 percent at risk pupils
qualify to receive the medium density at risk pupil weighting, which is determined by the State
Board by multiplying the number of at risk pupils in the district by a factor of .06. School districts
having an enrollment of at least 50.0 percent at risk pupils or an enrollment of at least 35.1 percent
at risk pupils and an enrollment density of at least 212.1 pupils per square mile continue to be
eligible for the high density at risk pupil weighting which is determined by the State Board by
multiplying the number of at risk pupils by a factor of .10.




 Kansas Legislative Research Department           30                     2008 Summary of Legislation
                                                                                      sb 531 (Cont.)


       Any district that becomes ineligible for the medium density at risk pupil weighting or the high
density at risk pupil weighting because the district no longer meets the requirements specified
in the bill receives the greater of the weighting in the current school year; the weighting in the
prior school year; or the average of the weighting in the current school year and the preceding
two school years.


Special Education Funding Task Force

       The bill establishes a Special Education Funding Task Force consisting of 12 members,
as follows:


      ● Four members appointed by legislative leadership;


      ● One member appointed by the Kansas National Education Association;


      ● Three members appointed by the United School Administrators: one from a school
        district having an enrollment of at least 12,000 pupils; one from a school district having
        an enrollment of less than 12,000 pupils but more than 1,636 pupils; and one from
        a school district having an enrollment of 1,636 pupils or fewer; one of these three
        appointees shall include a school district chief financial officer and one shall be a
        director of special education services;


      ● Three members appointed by the Kansas Association of School Boards, one of which is
        from a school district having an enrollment of at least 12,000 pupils; one from a school
        district having an enrollment of less than 12,000 pupils but more than 1,636 pupils; and
        one from a school district having an enrollment of 1,636 pupils or fewer; and


      ● The Commissioner of Education or designee shall serve ex officio.


      The Task Force will:


      ● Study and make recommendations for changes in the existing special education
        formula;


      ● Study and make recommendations regarding Medicaid reimbursement to school
        districts; and


      ● Submit reports and recommendations to the Legislature by January 14 of each year.


      The Task Force sunsets on June 30, 2010.




Kansas Legislative Research Department           31                     2008 Summary of Legislation
                                                                                       sb 531 (Cont.)


Additional Provisions

      The bill also permits students living more than ten miles from their school to attend school
in an adjoining district, if the receiving district agrees to accept and provide transportation for the
student.


      Finally, a definition section was added to the bill to make it consistent with SB 669.
sb 531
Virtual School Act; School District Disaster Aid—sb 669

       sb 669 is the Virtual School Act. The bill gives general supervision and regulation of all
virtual schools to the Kansas Department of Education. For each school year that a school district
has a virtual school, the district is entitled to Virtual School State Aid. Virtual School State Aid is
calculated by multiplying the number of full-time equivalent pupils enrolled in a virtual school times
105.0 percent of the unweighted Base State Aid per Pupil (BSAPP).
sb 669
       In addition, virtual schools receive a non-proficient weighting of 25.0 percent multiplied by
the full-time equivalent enrollment of non-proficient pupils in an approved at-risk program offered
by the virtual school.


      Advanced placement course funding of 8.0 percent of the BSAPP is paid to virtual schools
for each pupil enrolled in at least one advanced placement course if the pupil is enrolled in a
resident school district that:


      ● Does not offer advanced placement courses;


      ● Contains more than 200 square miles; or


      ● Has an enrollment of at least 260 pupils.


     Moneys received as Virtual School Aid are required to be deposited in a Virtual School
Fund. Expenses of the virtual school will be paid from this Fund.


      In addition, a pupil with an Individualized Education Plan (IEP) and attending a virtual school
is counted as the proportion of one pupil, to the nearest tenth that the pupil’s attendance at the
non-virtual school bears to full-time attendance. Any student enrolled in a virtual school is not
counted in the enrollment calculation. The bill requires school districts to provide adequate training
to teachers who teach in virtual schools or virtual programs. The definition of a virtual school
requires that students make academic progress toward the next grade level and demonstrate
competence in subject matter for each class in which a student is enrolled, and it requires age-
appropriate students to complete state assessment tests.




 Kansas Legislative Research Department           32                     2008 Summary of Legislation
                                                                                      sb 669 (Cont.)


      The bill also establishes procedures that address declining school district adjusted
enrollment as a result of a qualified disaster. In this regard, the bill applies to the following
school districts: USD 101, Erie; USD 257, Iola; USD 367, Osawatomie; USD 422, Greensburg;
USD 445, Coffeyville; USD 446, Independence; USD 461, Neodesha; and USD 484, Fredonia.
The school district must meet two criteria. First, a state of disaster emergency must be declared
within the district by the Governor and the President of the United States (pursuant to the Stafford
Act). Second, as a result of the disaster, destruction or damage to housing must have caused
the district’s adjusted enrollment to decline by at least 25 students or 2.0 percent of the district’s
enrollment.


      The bill also allows qualifying districts to determine their budget using the adjusted
enrollment of the district in school year 2006-2007. This calculation is used in computing the
general fund budget of a district for the second, third, and fourth years following the 2006-2007
school year.


       The bill also guarantees USD 253, Emporia; USD 251, North Lyon County; USD 252,
Southern Lyon County; and USD 284, Chase County, 98.0 percent of the adjusted enrollment in
the 2007- 2008 base school year when calculating the general fund budget of the school district
for the 2008-2009 school year. This provision is applicable only for the 2008-2009 school year.


      Finally, the bill makes technical amendments to the school finance law regarding the
counting of students in psychiatric residential treatment facilities.
sb 669
Kansas faculty of Distinction Program—Hb 2343

       Hb 2343 amends the Kansas Partnership for Faculty of Distinction Program. The Program,
which began in FY 2002, provides for a state contribution of income earnings equivalent to the
amount of interest earned on a qualifying private gift to increase funding for eligible educational
institutions by supplementing the endowed professorships’ salaries and providing additional
support for assistants, travel, equipment, and other expenses. The amount of interest earned is
based on the average net earnings rate of the Pooled Money Investment Board portfolio.
Hb 2343
       Under existing law, no additional qualifying gifts can be certified by the State Board of
Regents when the total of all transfers from the State General Fund for the earnings equivalent
awards for a fiscal year are equal to or greater than $5.0 million, which is estimated to occur in
FY 2009. The bill increases the limit to $6.0 million in FY 2009, $7.0 million in FY 2010, and $8.0
million in FY 2011, and in each fiscal year thereafter.
Hb 2343
educational Opportunity for Military Children—Hb 2714

       Hb 2714 enacts the Interstate Compact on Educational Opportunity for Military Children.
This Compact is intended to remove barriers to educational success imposed on children of
military families caused by frequent moves and deployment of their parents. The Compact
states it would accomplish seamless transitions for students to new schools by providing instant



Kansas Legislative Research Department           33                     2008 Summary of Legislation
                                                                                          Hb 2714 (Cont.)


records transfer and facilitation of the student placement process, including qualification and
eligibility for enrollment, student participation in extracurricular activities, scheduling, grading, and
assessments. Provisions of the bill apply to children of active members of the military, including
those members severely injured and medically discharged and those retired for a period of up to
one year after retirement.


      The bill provides for coordination of compliance with the Compact through creation of a
state council or use of an existing body or board, which would be required to appoint a military
family member to serve as liaison.


       The bill also makes provisions for the Interstate Commission on Educational Opportunity
for Military Children, which is formed by the states entering into the Compact and consists of one
member per state.
Hb 2714
Cyberbullying and Parents as Teachers Program—Hb 2758

       Hb 2758 amends the statute that requires school districts to prohibit bullying on school
property, while using school property, in school vehicles, and at school events. The bill requires
districts to extend their policies to prohibit cyberbullying. In addition, the bill requires school district
anti-bullying policies to prohibit bullying using school property.


      The bill also expands the age of eligibility for students who qualify for parent education
programs to any child under the age of eligibility for school attendance. Existing law provides that
parent education programs (Parents as Teachers) can be provided for infants and toddlers under
the age of three.
Hb 2758
fort Hays state University endowment association—Hb 2858

      Hb 2858 changes the name of the Fort Hays State University Endowment Association to
the Fort Hays State University Foundation. It also authorizes the State Board of Regents, on
behalf of the University of Kansas, to sell lots 7, 8, 9, 10, 11, and 12 in block 13 in Lanes’ Second
Addition (1043 Indiana) to the City of Lawrence in Douglas County. The proceeds from the sale
would be deposited in the appropriate restricted fees account of the University of Kansas for
operating expenditures.


      In addition, the bill appropriates funding to the Board of Regents for the Kansas Academy
for Math and Science (KAMS) for fiscal years 2009 through 2014, as follows:


                            FY 2009                      $295,000
                            FY 2010                      $713,000
                            FY 2011                      $754,000




 Kansas Legislative Research Department             34                       2008 Summary of Legislation
                                                                                     Hb 2858 (Cont.)


                          FY 2012                     $792,000
                          FY 2013                     $835,000
                          FY 2014                     $938,000

       KAMS is an accelerated residential program for Kansas high school juniors and seniors
who are academically talented in science and mathematics. The purpose of KAMS is to provide
an opportunity for academically talented pupils to work in a community of peers and to earn
simultaneously college credits and a high school diploma at a state educational institution
designated by the Board of Regents. The Board designated Fort Hays State University as
the site for KAMS in December 2007. The bill appropriates funding for the program based on
estimates provided by Fort Hays State University and the Board of Regents.
Hb 2858
Dyslexia—HR 6021

       HR 6021 urges the State Board of Education to focus more specifically on the reading needs
of children with dyslexia. The Resolution addresses early screening, diagnostic assessments,
teacher preparation, and instructional programs for students with dyslexia.
HR 6021
                                  eLeCTIONs aND eTHICs


Voting sites—sb 65

       sb 65 expands to all counties the ability of county election officers to designate places other
than the central county election office as satellite advance voting sites. Previous law restricted
this to counties with a population exceeding 250,000 (Sedgwick and Johnson counties).
sb 65
Reporting Contributions; Using Public Resources for Express Advocacy—sb
196

      sb 196 addresses the campaign finance and election topics of reporting on various
contributions and expenditures, use of contribution money, and use of public resources for
express advocacy. Details of the bill follow.


Reporting Campaign Contributions and Independent
 Expenditures During the 11 Days Before an Election

      This portion of the bill does the following:
      ● Requires that the treasurer for a candidate for a state or local office file a campaign
        contribution report, listing information for each person who has made one or more
        contributions totaling $300 or more during the period that begins 11 days before a
        primary or general election and ending just before the Wednesday preceding the date




Kansas Legislative Research Department           35                     2008 Summary of Legislation
                                                                                    sb 196 (Cont.)


         of the election. The report must be made on or before the close of business on the
         Thursday preceding the election.


         ◦   The information required to be placed in the report is:


             — The name and address of each person contributing an aggregate amount of at
               least $300;


             — The amount and date of the contribution, including the name and address of
               every lender, guarantor and endorser if the contribution is in the form of an
               advance or loan.


         ◦   The required reports may be filed by hand delivery, express delivery service, fax, or
             any electronic method authorized by the Secretary of State.


     ● Requires that the treasurer for a party committee or political committee file reports of (1)
       independent expenditures made and (2) contributions received totaling more than $300
       during the period that begins 11 days before a state or local primary or general election
       and ending just before the Wednesday preceding the date of the election. The report
       must be made on or before the close of business on the Thursday before the election.
       For the Thursday, Friday, Saturday, and Sunday preceding the election, reports must be
       submitted daily by the close of business on the following day.
sb 196
         ◦   The information required to be placed in the report is:


             — The amount, date and purpose of each such independent expenditure or
               contribution.


             — For independent expenditures, the name of the candidate whose nomination,
               election or defeat is expressly advocated.


             — For independent expenditures made as payment to an advertising agency, public
               relations firm or political consultant to be disbursed to vendors, the name of each
               vendor and the amount, date and purpose of the payments, also accompanied
               by the name of the candidate whose nomination, election or defeat is expressly
               advocated.


         ◦   The required reports may be filed by hand delivery, express delivery service, fax, or
             any electronic method authorized by the Secretary of State.




 Kansas Legislative Research Department         36                     2008 Summary of Legislation
                                                                                     sb 196 (Cont.)


         ◦   “Independent expenditure” is defined as one made without the cooperation or
             consent of the candidate or the agent of the candidate intended to be benefitted.


Use of Contribution Funds for Membership Dues or Donations

      The bill clarifies the circumstances under which a candidate is permitted to use contribution
funds for membership dues or donations paid to a community service or civic organization. The
bill:


      ● Clarifies that only membership dues related to a candidate’s campaign are permitted
        to be paid from contribution funds; and


      ● Clarifies that donations are permitted to be paid from contribution funds only if the
        candidate receives no goods or services unrelated to a candidate’s campaign as a
        result of the payment of such dues or donations.


More Detailed Information on Certain Campaign Finance Reports

      The bill amends existing law related to campaign finance to require that a political committee
or a party committee provide more detailed information on certain expenditures than currently
required. The requirements would apply to the following types of expenditures:


      ● An expenditure for an in-kind contribution to a candidate in an aggregate amount of
        $300 or more, and


      ● An aggregate expenditure of $300 or more made without the consent or cooperation
        of the candidate, and which expressly advocates the nomination, election or defeat of
        that candidate.


    The bill requires those committees to report the name and address of the candidate; the
amount, date, and purpose of each expenditure; and the specific service or product provided.


      In addition, the bill makes several technical corrections.


Reporting of Contributions by an Individual

       The bill amends existing law related to campaign finance to require that mandated reports
of contributions by an individual of more than $150 include the type of industry in which the
individual works. This is in addition to the current requirement to report the name and occupation
of those contributors.




Kansas Legislative Research Department          37                     2008 Summary of Legislation
                                                                                        sb 196 (Cont.)


Use of Public Resources for Express Advocacy

     The bill addresses the use of public money and property to expressly advocate the
nomination, election or defeat of a clearly identified candidate. The bill:


      ● Expands the current restriction on the use of public funds, vehicles, machinery, equipment
        or supplies by a public officer or employee to all municipalities, in addition to the state of
        Kansas and the specific municipalities currently covered by the law.


         ◦   The current restriction applies to the State of Kansas, counties, cities of the first
             class, any unified school district with an enrollment of 35,000 or more, and the Board
             of Public Utilities of Kansas City, Kansas. The bill retains the restriction for these
             entities and adds a number of others, subsumed under the term “municipalities.”


         ◦   The bill uses the definition of “municipalities” contained in another statute that covers
             all of the following: “county, township, city, school district of whatever name or nature,
             community junior college, municipal university, city, county or district hospital, drainage
             district, cemetery district, fire district, and other political subdivision or taxing unit,
             and including their boards, bureaus, commissions, committees and other agencies,
             such as, but not limited to, library board, park board, recreation commission, hospital
             board of trustees having power to create indebtedness and make payment of the
             same independently of the parent unit.”


      ● Adds a further restriction, prohibiting any municipality from allowing any person to
        distribute express advocacy political brochures or other documents in any structure
        owned by the municipality, unless each candidate for the office concerned is provided
        the same opportunity.
sb 196
Mobile Voting sites, Mail ballot election, Local Primaries,
 Political Yard signs—sb 562

       sb 562 addresses the election topics of mobile voting sites, inactive voters in mail ballot
elections, local office primary elections, and political yard signs. Details of the bill follow.


Mobile Voting Sites

      The bill establishes a process whereby, beginning on January 1, 2010, every nursing facility,
assisted living facility, and hospital-based long-term care unit could serve as a voting place for its
residents who are registered to vote. Specifically, the bill:
sb 562
     ● Permits the county election officer to contact the administrator or operator of each such
       facility, at least 60 days before any election other than a mail ballot election, to request




 Kansas Legislative Research Department           38                      2008 Summary of Legislation
                                                                                      sb 562 (Cont.)


         that the registered voters in the facility be offered the opportunity to vote there. If the
         administrator agrees, a mutually agreed upon date for the voting must be established.


      ● Requires the county election officer to appoint a special election board to administer the
        ballots to the residents of a participating facility. Qualifications for the board, consisting
        of two or more members, are established in the bill.


      ● Requires the special election board for each participating facility to follow advance
        voting procedures, to the extent practicable.


      ● Permits any facility resident who is a registered voter to request a ballot from the special
        election board. The special election board may deliver an advance ballot to any voter
        who has received permanent advance voting status, instead of mailing the ballot.


      ● Permits any voter to receive assistance from a special election board member or
        from a person of the voter’s choice, if the person rendering assistance signs a written
        statement as required by law.


      ● Requires the special election board to protect the privacy of each voter and seal each
        ballot in an envelope or deposit it in a locked ballot box. Security measures also are
        required when direct recording electronic voting systems are used. Voting materials
        must be returned to the county election officer at the close of voting at the facility.
        Tabulation procedures are specified in the bill.


      ● Requires the county election office to post the appropriate notice at each participating
        facility when it is serving as a mobile voting site.


      ● Defines the terms “nursing facility,” “assisted living facility,” and “hospital-based long-
        term care unit.”


      ● Makes participating facilities subject to the provisions of the electioneering crime
        statute, during the time when the facility is serving as a mobile voting site.


Mail Ballots and Inactive Voters

      With respect to mail ballot elections, the bill prohibits a county election officer from mailing
ballots to any inactive voter who:
sb 562
     ● Appears to have moved to a location outside the county in which the voter currently is
       registered or for whom mail cannot be forwarded, based on information provided by
       the postal service; and




Kansas Legislative Research Department           39                     2008 Summary of Legislation
                                                                                        sb 562 (Cont.)


      ● Has been mailed a confirmation notice as required when the postal service provides
        such information.


      A provision exists in the bill for requesting a replacement ballot when the inactive voter
believes he or she is entitled to vote in the election. These provisions became effective upon
publication in the Kansas Register.


Local Primary Elections

       Beginning on July 1, 2008, the bill revises current requirements regarding when a primary
election may be held for school district boards, city officers, and community college district boards.
For all three types of entities:


      ● A primary election is prohibited:


          ◦   Unless, by holding the primary, two or more persons will be eliminated as candidates
              for office.


          ◦   If there are not more than three times the number of candidates as there are officers
              or board members to be elected. If there are not more than three times the number
              of candidates, the candidates’ names must appear on the general election ballot.


      ● A primary election must be held if needed to reduce the number of candidates for each
        office in the general election to no more than three candidates.


      With respect to school district and community college district boards, the bill deletes the
current language requiring the entities to hold primary elections under certain circumstances,
which differ depending on whether the district elects members from member districts or at large.
Regarding city officer elections, the bill revises the number of candidates that must be eliminated
and the total number of candidates existing in order to hold a primary election.


Political Yard Signs and Restrictive Covenants

       The bill invalidates any provision of a restrictive covenant prohibiting the display of political
yard signs, which are less than six square feet, 45 days before an election or two days after
the election. The bill applies to any restrictive covenant in existence on the day the act became
effective, which was upon publication in the Kansas Register.
sb 562




 Kansas Legislative Research Department           40                      2008 Summary of Legislation
                             eMPLOYeRs aND eMPLOYees


age Discrimination—Domestic Violence Discrimination—Hb 2771

      Hb 2771 amends the Kansas Age Discrimination in Employment Act to raise the age of
protection from the prior 18 years of age to 40 years of age. The bill also adds a new provision
stating that nothing in the Act can be construed to be inconsistent with the non-discrimination
provisions under another provision of state or federal law.


      The bill also allows the Department of Labor to establish rules and regulations necessary
to enforce laws against discrimination in employment relating to domestic and sexual abuse
victims. Under prior law, an employer could terminate the employment of a victim of domestic
violence or sexual abuse when that termination is based upon the individual missing work for
reasons related to domestic or sexual abuse.


       The bill also makes two changes to the Employment Security Law. The first amendment
allows the Department of Labor to not make refunds for contributions for less than $5. Under
prior law, a refund for contributions, benefit cost payments or interest of less than $1 was not
required by the Department of Labor.


      Second, the bill requires employers or third-party administrators to file wage reports and
contribution returns electronically and make payment of contributions, benefit cost payments, or
reimbursing payments by electronic means as well. The requirements will be phased in over the
next three years as follows:


     ● On July 1, 2008, employers or third-party administrators with 250 or more employees,
       at the time filing or payment is first due;


     ● On July 1, 2009, employers or third-party administrators with 100 or more employees,
       at the time filing or payment is first due; and


     ● On July 1, 2010, third-party administrators with 50 or more employees at the time filing
       or payment is first due.


     This requirement can be waived by the Secretary of Labor if an employer demonstrates a
hardship in complying with these requirements.
Hb 2771




Kansas Legislative Research Department        41                    2008 Summary of Legislation
                                  eNeRGY aND UTILITIes


Voice over Internet Protocol (VoIP) Contributions to
 the Kansas Universal service fund—sb 49

       sb 49 requires interconnected voice over internet protocol (VoIP) service providers to
contribute to the Kansas Universal Service Fund (KUSF) to the extent that such a requirement
is not prohibited by federal law. The requirement is included in the statute which requires every
telecommunications public utility and wireless telecommunications service provider of intrastate
telecommunications services to contribute to the KUSF on an equitable and nondiscriminatory
basis.
sb 49
Wireless 911 service—sb 526

       sb 526 establishes a procedure for the disbursement of E-911 fees that cannot be forwarded
to local Public Service Answering Points. The bill allows this money to be spent to help counties
improve their enhanced 911 technologies. The bill requires the money to first be spent aiding
those counties that are not yet in full compliance with E-911 benchmarks. Once all counties are in
full compliance, the money could be spent on any county.


Water Utilities Rate Increases—Procedures—sb 555

      sb 555 requires water utilities that are regulated by the Kansas Corporation Commission
(KCC) and that apply for an increase in rates due to capital improvements, rate of return, or
cost of service to provide notice of the proposed increase by means of a bill insert or message
in customers’ monthly bills following the application or in a separate mailing. The notice must
include a comparison of current and proposed rates and a description of the cost increase for
a typical customer, in boldface type no smaller than 8-point type, and must include a telephone
number the customer could call to receive additional information, as well as the website address
for the KCC. The notice must contain information about how a customer may intervene at the
KCC’s rate hearing.
sb 555
Telecommunications Mergers and broadband service Inventories—sb 570

      sb 570 removes the requirement for the Kansas Corporation Commission (KCC) to
approve or deny mergers or acquisitions solely between telecommunications companies that
have elected price cap regulation in Kansas. Embarq and AT&T are the only price-cap regulated
telecommunications companies in Kansas.


      The bill also requires broadband service providers to submit a report to the KCC containing
information about the geographic areas where service is available from the provider. This report
is required by October 1, 2008.




 Kansas Legislative Research Department        42                     2008 Summary of Legislation
                                                                                      sb 570 (Cont.)


      The KCC is required to report to the Legislature by January 15, 2009, and every year
following, on the state’s broadband service. This report includes a report of census tracts where
broadband service is available and how many providers service each census tract. Starting in
2010, the report will document changes in the number of providers and areas where broadband
service is available. The KCC will report the names of providers that fail to comply with the
reporting requirement. The KCC is required to protect the confidentiality of the information
submitted by each provider and to prevent disclosure of trade secrets from the providers while
collecting information for the report. These requirements sunset on July 1, 2013.
sb 570
Nuclear Generation Facilities; Joint Committee on
 energy and environmental Policy—sb 586

      sb 586 enacts new law authorizing electric utilities to recover certain costs related to
planning for new nuclear generation capacity and regarding depreciation of nuclear facilities.
Existing law is amended regarding rate recovery of certain nuclear facility construction costs.
In addition, the bill creates the Joint Committee on Energy and Environmental Policy. Specific
provisions of the bill are described below.
sb 586
Nuclear Power Generation

      The bill requires the Kansas Corporation Commission (KCC) to authorize an adjustment to
an electric utility’s rates to recover the utility’s prudent expenditures for development costs for a
new nuclear generation facility, subject to review by the KCC. These development costs include
preliminary engineering, study, feasibility, prepayments for major equipment, and permitting.
Electric public utilities may apply for and request from the KCC a predetermination of ratemaking
principles that will apply to the utility’s rates to recover these development costs.


        The bill allows an electric utility that receives a license to operate a nuclear generation
facility on or after July 1, 2008, to use a book depreciable remaining life of not more than the
amount of time remaining on the facility’s operating license. In addition, the bill allows the costs
of construction for a nuclear generation facility to be included in the customer rate base before
the facility is operational.


Joint Committee on Energy and Environmental Policy

      SB 586 also establishes the Joint Committee on Energy and Environmental Policy, an
11-member bipartisan committee. The committee will be composed of six members of the
House of Representatives, appointed by the Speaker of the House and the Minority Leader, and
five members of the Senate, appointed by the President and the Minority Leader. The political
parties will have proportional representation on the Committee. Members of the committee will
serve two-year terms, except that the term of initial members appointed on or after November
10, 2008, will end on the first day of the regular 2009 Legislative Session.




Kansas Legislative Research Department          43                     2008 Summary of Legislation
                                                                                           sb 586 (Cont.)


      Beginning in 2009, the chairperson will serve for a biennium and appointment authority for
the chairperson will alternate between the House of Representatives and the Senate. The initial
chairperson, and the chairperson for the biennium beginning in 2009, will be a Senator.


     The Committee may meet at any time and place within the State on the call of the chairperson.
Members will receive compensation, travel expenses and subsistence expenses for attendance
at Committee meetings.


       The Committee may introduce legislation, and it is required to submit a report before December
31 each year, with any findings it deems necessary concerning energy and environmental policy,
to the Legislature and to standing committees assigned to utility, energy, environment and natural
resources issues.
sb 586
Kansas electric Transmission authority (KeTa)—sb 614

      sb 614 amends existing law regarding notification required to be provided by the Kansas
Electric Transmission Authority (KETA) regarding facilities or services contemplated by the
Authority. The bill clarifies that the 90-day time period for private entities to respond to a notification
from KETA begins when that notice is published in the Kansas Register.


Third-Party Pay stations for Utility Payments—sR 1832

      sR 1832 encourages the Kansas Corporation Commission to review utility billing standards
and practices and, if appropriate, to open a docket to examine the quality of service, appropriateness
of locations and number of sites for third-party pay stations for utility payments. The Commission
is requested to submit a written report to the 2009 Legislature with recommendations to improve
service of third-party pay stations.


Kansas storage Tank act—senate sub. for Hb 2634

       senate sub. for Hb 2634 creates two new statutes as part of the Kansas Storage Tank
Act.


      The bill defines the terms “facility” and “non-fuel flammable or combustible liquid.” The latter
term excludes new and used motor oil, transmission fluid, hydraulic oil, grease and lube oil, asphalt
or asphalt emulsions, road oil, crude oil, mineral oil, processed fat, food grade oil, vegetable oil,
or ethylene glycol, but does include solvents. On or before July 1, 2009, the State Fire Marshal
must conduct an on-site inspection of any facility in existence on the effective date of the Act to
determine compliance with standards contained in a specified National Fire Association pamphlet
and rules and regulations adopted by the State Fire Marshal. If the facility is in compliance, a
reinspection is required at least once every three years. If a facility is not in compliance, any
necessary changes must be made as soon as practicable, but no later than July 1, 2012. The




 Kansas Legislative Research Department             44                      2008 Summary of Legislation
                                                                   senate sub for Hb 2634 (Cont.)


Fire Marshal is required to conduct a follow-up inspection to determine compliance on the part
of those facilities.


       The bill requires that any facility constructed after the effective date of the act meet
standards established by the bill and applicable rules and regulations adopted by the State Fire
Marshal. Construction of new facilities or major modifications to existing facilities may not begin
until plans for those facilities are reviewed and approved by the State Fire Marshal.


      The bill also creates the Non-fuel Flammable or Combustible Liquid Aboveground Storage
Tank System Fund in the State Treasury into which any fines assessed under the act will be
deposited. Expenditures may be made from the Fund only for administration and enforcement
of the act.


     The State Fire Marshal is required to annually report to the Senate Natural Resources
Committee and the House Committee on Agriculture and Natural Resources regarding
inspections and compliance with the Act.


      The bill became effective when it was published in the Kansas Register.
senate sub for Hb 2634
Utility statute amendments—Hb 2637

      Hb 2637 amends existing law:


     ● Related to price regulations for basic local telecommunications service;


     ● Regarding local telecommunications carrier of last resort responsibilities;


     ● Regarding protection of underground water and wastewater utilities;


     ● Regarding the state One-Call notification center; and


     ● Regarding procurement of services by the Citizens’ Utility Ratepayer Board.


Telecommunication Price Regulation Amendments

      In regard to telecommunications services, existing law is amended to authorize local
exchange carriers, after July 1, 2008, to adjust the rates for the initial telephone line and
up to four business lines at a single location without approval from the Kansas Corporation
Commission (KCC) provided that the rates are not increased in a one-year period by more than




Kansas Legislative Research Department         45                     2008 Summary of Legislation
                                                                                   Hb 2637 (Cont.)


the percentage increase in the consumer price index for all urban consumers, nor adjusted below
the statutory price floor.


      In addition, the bill requires the KCC to use data from July 1, 2008, rather than from July
1, 2006, as the reference point when comparing the weighted, average rate for deregulated
nonwireless basic service to the weighted, average rate for all nonwireless basic service. The bill
also amends existing law to require that reports from the KCC recommending changes in state
law warranted due to the status of telecommunication competition be submitted to all members of
the Legislature in addition to the Governor.


       Existing law related to the lifeline service program also is amended by the bill. Local
telecommunication carriers that have been price deregulated are required to automatically
enroll in the program those customers who are eligible for lifeline services. Other carriers also
may automatically enroll their eligible customers in the lifeline program. This enrollment will be
based on a list of eligible customers provided to the companies by the Department of Social and
Rehabilitation Services (SRS). The companies will have to enter into a confidentiality agreement
with SRS prior to receiving customers’ information. Customers must consent to the release of
their personal information. Upon a customer’s request, a carrier must discontinue the lifeline
service.
Hb 2637
      The KCC is authorized to approve a wireline service provider’s application for eligible
telecommunications carrier designation in nonrural service areas in order that the carrier may
receive federal Universal Service Fund support equal to that received in the carrier’s own service
area.


Telecommunication Service Providers—Carrier
 of Last Resort Amendments

      The bill relieves a local exchange carrier of its responsibility as carrier of last resort
to occupants of real property if the owner or developer of the real property does any of the
following:


     ● Permits an alternative service provider, during construction of the property, to install
       its local telecommunications services based on a condition of exclusion of the local
       exchange carrier; or


     ● Accepts incentives from an alternative service provider contingent on one or more
       alternative service providers providing local telecommunications service to the exclusion
       of the local exchange carrier; or


     ● Collects from occupants or residents of the real property mandatory charges for local
       telecommunications service provided by an alternative service provider, including
       collection through rent, fees, or dues.



 Kansas Legislative Research Department         46                     2008 Summary of Legislation
                                                                                        Hb 2637 (Cont.)


       When the new development is located in an area that requires entirely new construction
of local loops and other network equipment in order to serve the new development, a carrier of
last resort would not automatically be relieved of its obligations. In that instance, relief will be
allowed only if the alternative service provider possesses, or will possess when service begins,
the capability to provide local telecommunications service, or the functional equivalent of that
service.


       A local exchange carrier that is relieved of its responsibility to provide local telecommunication
services as a result of this provision is required to notify the KCC within 120 days. In addition, a
local exchange carrier is allowed to petition the KCC to be relieved of its responsibility as carrier
of last resort for good cause.


      If a local exchange carrier is relieved of its carrier of last resort obligations for the reasons
described above, the owner or developer of the property will be required to provide all occupants
and any subsequent owner of the property with the following information:


      ● The incumbent local exchange carrier does not have facilities installed to serve the
        property and has been relieved of its carrier of last resort obligations; and


      ● The name of the person that will be providing local telecommunications service to the
        property and the type of technology that will be used.


       If the conditions described above cease to exist, and if the developer of the real property
makes a written request for service, a local exchange carrier’s obligation to serve as carrier
of last resort will again apply. The carrier is required to notify the KCC that it is resuming that
obligation. The local exchange carrier is allowed to require the developer to pay a reasonable
fee, in advance, to allow the carrier to recover the costs that exceed the costs that would have
been incurred to provide service initially. The KCC is authorized to verify that the fee enables
recovery of excess costs.


      If an owner or developer of real property has an exclusive relationship with an alternative
provider of telecommunication services, written notice must be provided to any purchaser of the
property. The written notice must state that the local exchange carrier is excluded and that the
alternative service provider is the exclusive provider of service to such property.


Citizens’ Utility Ratepayer Board—Contract Negotiation

      The Citizens’ Utility Ratepayer Board (CURB) is authorized by the bill to negotiate contracts
for professional services, including the services of engineers, accountants, attorneys, and
economists, to assist in preparation and presentation of expert testimony or otherwise carrying
out the duties of CURB. The bill requires that negotiations be conducted by a committee and
specifies the membership and duties of the negotiating committee.




Kansas Legislative Research Department            47                      2008 Summary of Legislation
                                                                                             Hb 2637 (Cont.)


Kansas Underground Utility Damage—Prevention
 Act (KUUDPA) Amendments

      The bill amends the Kansas Underground Utility Damage Prevention Act (KUUDPA) to
include operators of potable water and sanitary sewage systems as a part of the Kansas One-
Call System. The provisions of the bill relating to the incorporation of water and sewer systems
into One-Call become effective on July 1, 2009.


        In order to include operators of potable water and sanitary sewage in the provisions of the
Act, the statute defining terms is amended to provide definitions for three new terms: “tier 1 facility,”
“tier 2 facility,” and “tier 3 facility.” A “tier 1 facility” is an underground facility used for transporting,
gathering, storing, conveying, transmitting, or distributing gas, electricity, communications, crude
oil, refined or reprocessed petroleum, petroleum products, or hazardous liquids. (A “tier 1” facility
generally was a “facility” under prior law.) A “tier 2 facility” is an underground facility used for
transporting, gathering, storing, conveying, transmitting or distributing potable water or sanitary
sewage.


      A “tier 3 facility” is a water or wastewater system utility that serves more than 20,000
customers and that elects to be a tier 3 member of the notification center. A tier 3 facility is
required to develop and operate a website capable of receiving locate requests, publish and
maintain a dedicated telephone number for locate services, maintain 24-hour response capability
for emergency locates, and employ at least two people whose primary job function is location of
underground utilities. The tier 3 facility is required to make the website or contact information
available to the One-Call notification center. The notification center is required to collect a fee of
$500 per year for each tier 3 facility. No other fee may be collected from a tier 3 facility.


      In addition, the definition of “tolerance zone” in the act is amended to mean the area 24
inches or more from the outside dimension of an underground facility. An operator of a water or
wastewater facility will be able to elect to use a tolerance zone for that facility that is 60 or more
inches from the outside dimension of the facility. A larger tolerance zone may be established by
rules and regulations of the KCC.


        Operators of tier 2 facilities are able to participate in the One-Call system as if they are tier 1
facilities. Alternatively, for operators of tier 2 facilities desiring direct contact with excavators, the
notification center will provide the excavator with appropriate contact information. Operators of tier
2 facilities also may choose not to be notified of impending excavation. Under the bill, excavators
may, but are not be required to, notify operators of tier 2 facilities of their intent to excavate.


      The bill requires operators of tier 2 facilities to maintain suitable records to document the
receipt of notices from excavators. The notification center is required to maintain a record of all
contacts as required under prior law.


        An operator of a tier 2 facility is required to mark the approximate location of an underground
facility to the best of its ability, and notify the excavator that the marks may not be accurate if the



 Kansas Legislative Research Department               48                       2008 Summary of Legislation
                                                                                      Hb 2637 (Cont.)


tolerance zone cannot be determined. If the operator cannot accurately mark the location of its
tier 2 facilities, the operator must provide additional guidance to the excavator during excavation.
An operator of a tier 2 facility is not required to mark the tolerance zone for facilities located at
least two feet deeper than the excavator plans to excavate but is required to notify the excavator
of the existence of the facility.


        Under the bill, the excavator cannot be held liable for any direct or indirect damages, if
the excavator notifies the operator of the excavator’s intent to excavate and the operator fails
to mark the facility in accordance with the law or notifies the excavator that no underground
facilities are in the area of excavation. As under prior law, excavators are liable for cases of
gross negligence or willful and wanton conduct.


     The Act requires all underground potable water and sanitary sewage facilities installed by
an operator after July 1, 2008, to be “locatable.”


One-Call Notification Center

       The bill amends the statute regarding the single notification center to require the center to
charge an annual membership fee of $25 from each tier 2 facility. The referral fee charged to tier
2 facility members may not exceed 50 percent of the fee charged to tier 1 facility members. If
requested by the operator, the person filing a notice of intent to excavate may mark the proposed
excavation site prior to a locate being performed.


      The notification center is subject to the Open Records Act and the Open Meetings Act.
However, information provided by operators of tier 1, 2 or 3 facilities may not be made available
or distributed by the notification center Board of Directors unless the distribution is required in
order for the KCC or the notification center to carry out its duties.


       The Board of Directors of the notification center is required to include two members from
tier 2 facilities and one member from tier 3 facilities. The notification center also is required to
prepare an annual report describing the activities of the center. An annual audit of the center
conducted by an independent certified public accountant also is required. The notification center
is required to provide copies of the annual report and the annual audit to each member of the
center. The center is required to conduct a cost of service audit not more than every five years,
or as otherwise requested by the board of directors or a majority of the center’s members.


      The notification center is required to solicit proposals for operation of the notification center
at least every five years which shall be awarded in an open meeting by the Board. The bidding
process is subject to the Open Records Act.




Kansas Legislative Research Department           49                      2008 Summary of Legislation
studies Regarding Nuclear Industrial Development—Hb 2681

      Hb 2681 repeals KSA 48-1604, a requirement for designated agencies to study the need
for changes in state law or rules and regulations of the Department of Health and Environment
arising from the presence in Kansas of nuclear materials and facilities. The statute also authorized
the Governor to direct any agency to conduct such a study.


Crude Oil storage and advisory Committee on
 Regulation of Oil and Gas activities—Hb 2892

       Hb 2892 requires the Secretary of Health and Environment to adopt rules and regulations
governing underground crude oil storage not later than January 1, 2009. The Secretary also will
be required to appoint an advisory committee to assist with the promulgation of such rules and
regulations. The committee will consist of five members knowledgeable in areas related to crude
oil storage.


       In addition, the bill expands the membership of the Advisory Committee on Regulation of
Oil and Gas Activities from ten members to twelve. One of the new members is to be appointed
jointly by the Kansas Farm Bureau and the Kansas Livestock Association and be an owner of
a surface interest. The other new member is to be appointed jointly by the Southwest Kansas
Royalty Owners Association and the Eastern Kansas Royalty Owners Association and be an
owner of a mineral interest.
Hb 2637
                              feDeRaL aND sTaTe affaIRs


Kansas funeral Privacy act—House sub. for sb 226

     House sub. for sb 226 creates the Kansas Funeral Privacy Act by prohibiting a public
demonstration within 150 feet of any entrance to any cemetery, church, mortuary, or other location
where a funeral is held or conducted.
House sub. for sb 226
      The prohibition will commence within one hour prior to the scheduled commencement of
the funeral.


     In addition, the bill prohibits knowingly obstructing, hindering, impeding or blocking a
person’s entry to or exit from a funeral or knowingly impeding vehicles which are part of the funeral
procession. Under the bill, violations of these provisions are a class B person misdemeanor.
Each day a violation occurs would constitute a separate offense.


     Under the provisions of the bill, “public demonstration” means any picketing, oration,
speech, or use of sound amplification equipment or device which is not part of the funeral.




 Kansas Legislative Research Department          50                     2008 Summary of Legislation
House sub. for sb 226
emergency Medical services board—Regulation—sb 514

       sb 514 allows the Emergency Medical Services Board to grant a temporary variance from
identified regulations when a literal application or enforcement of the regulations would result
in serious hardship and the relief granted would not result in an unreasonable risk to the public
interest, safety, or welfare.
sb 514
firearms—Declared state of emergency—Hb 2280

      Hb 2280 prohibits officials, during a declared state of emergency, from seizing firearms
not otherwise prohibited by law, or from requiring registration of firearms not required to be
registered under state law. An individual aggrieved by a violation of this bill may bring action
in court seeking redress against a person for deprivation of rights provided by the bill, and for
return of a firearm seized in violation of the bill.


      Reasonable attorney’s fees must be awarded if the individual prevails in court. The bill
also amends existing law by removing the Governor’s specific authority to suspend or limit the
sale, dispensing or transportation of firearms during a declared state of disaster emergency.
Hb 2280
amusement Rides Inspection and Regulation—senate sub. for Hb 2504

       senate sub. for Hb 2504 deals with inspection and regulation of amusement rides. The
bill requires amusement rides operated in the State of Kansas to have a valid certificate of
inspection. No amusement ride can be operated unless non-destructive testing of the ride by
standards of the American Society for Testing and Materials has been documented. Amusement
rides erected at a permanent location will have to be self-inspected by a qualified inspector
every 12 months. Temporary amusement rides will have to be self-inspected every 30 days. A
visible inspection decal is required to be posted in plain view on or near the amusement ride. In
addition, the safety instructions for the ride must be posted in a location where they can easily be
read. Under the bill, the amusement ride owner is required to retain current inspection records
for each ride.
      The bill requires operators to have satisfactorily completed training, which includes
instruction on operation procedures, duties of the operator, safety and emergency procedures,
and demonstration of physical operation of the ride. Under the bill, no amusement ride may be
operated unless the name of each trained operator and a certificate of each operator’s completion
of such training is available to any person contracting with the owner for the amusement ride’s
operation.


      The bill requires patrons, by participation, to accept the risks inherent in such participation
by exercising the judgement of and acting in a manner of an ordinary prudent person, obey all
instructions and warnings, and refrain from participation in an amusement ride while under the
influence of drugs or alcohol. Under the bill, a patron or patron’s parent or guardian is required
to report any injury sustained on the ride. The failure to report an injury will not affect the patron’s



Kansas Legislative Research Department            51                      2008 Summary of Legislation
                                                                       senate sub. for Hb 2504 (Cont.)


right to civil action. The bill requires the operation of the ride to be discontinued if a serious injury
occurs, and operation can not be resumed until the ride has been inspected.


      If an owner or operator knowingly operated an amusement ride in violation of the Act, it
is a class B misdemeanor. It will be a class C misdemeanor to knowingly violate inspection
requirements or not have an inspection certificate, to fail to keep maintenance and inspection
records, and to fail to post safety instructions. Under the bill, each day a violation occurs is a
separate offense.


      Under the bill, the Attorney General or the county or district attorney in the county where
the amusement ride is operated can apply to the district court for an order enjoining operation of
an amusement ride operated in violation of the Act. The governing body of any city or county can
establish and enforce safety standards.


      In addition, the Secretary of Labor is required to adopt rules and regulations specifying
programs that issue certification. The Secretary is to develop an inspection checklist on the
Department of Labor’s website. Finally, the Secretary is required to conduct random inspections
and issue a warning citation before any citation can be issued for a first violation, but no criminal
proceedings can be brought against any owner or operator.
senate sub. for Hb 2504
Kansas emergency Communications Preservation act—Hb 2805

      Hb 2805 creates the Kansas Emergency Communications Preservation Act regarding
federally licensed amateur radio service communications. The bill:


      ● Prohibits a city or county governing body from taking any action that precludes federally
        licensed amateur radio service communications, or that does not conform to federal
        regulations related to amateur radio antenna facilities.


      ● Requires that any action taken by a city or county governing body to regulate the
        placement, screening, number or height of a station antenna structure based on health,
        safety or aesthetic considerations:


          ◦   Reasonably accommodate federally licensed amateur radio service communications;
              and


          ◦   Constitute the minimum regulation practicable to carry out the governing body’s
              legitimate purpose.


      ● Deems void any action taken in violation of this bill.




 Kansas Legislative Research Department            52                      2008 Summary of Legislation
                                                                                  Hb 2805 (Cont.)


     ● Exempts any federal, state or local historic or architectural preservation district from
       the bill’s provisions.


     ● Exempts station antenna structures constructed prior to the bill’s effective date from
       subsequent changes in zoning regulations, and authorizes such structures to be
       repaired as required.


     ● Defines a number of terms, including “amateur radio services”, “amateur service
       communications”, “amateur station”, and “station antenna structures.”
Hb 2805
                                fINaNCIaL INsTITUTIONs


Regulation of state-Chartered Credit Unions—sub. for sb 535

       sub. for sb 535 enacts new law and amends existing statutes governing field of
membership and the mergers, branching, and other procedures associated with the regulation
of state-chartered credit unions.


Branching Requirements

       The bill creates new requirements for the establishment and operation of a credit union
branch and relocation of an existing branch, in accordance with the credit union’s stated field
of membership. A credit union first will be required to submit an application for the branch
location and receive the approval of the Credit Union Administrator (the Administrator). The
requirements for branch applicants established under the bill include:


     ● application. The credit union must first apply for and obtain approval of the Administrator.
       The application is to include proof of publication of notice that the applicant intends to
       file or has filed a branch application.
sub. for sb 535
     ● Publication. The notice is to be published in a newspaper of general circulation in
         the county where the applicant proposes to locate a branch. The notice is to be in
         a form prescribed by the Administrator and is required to be published on the same
         day for two consecutive weeks. If the credit union has a current Capital adequacy,
         Asset quality, Management, Earnings, and Liquidity (CAMEL) rating of 3, 4, or 5 (or the
         recognized regulatory equivalent, as defined in rules and regulations), the application
         also must contain a solicitation for written comments and provide for a comment period
         of no less than ten days after the date of the second publication.


     ● Hearing. Upon receipt of the application and following the comment period (for those
       credit unions with the specified CAMEL rating), public notice must occur no less than
       ten or more than 30 days prior to the date of the hearing, with proof of publication to



Kansas Legislative Research Department         53                     2008 Summary of Legislation
                                                                            sub. for sb 535 (Cont.)


         be filed with the Administrator. The bill outlines the procedure for submitting evidence to
         the Administrator and the associated transcript.


     ● approval of the application. For those applications where a public hearing is not
       warranted, the Administrator will be required to approve or disapprove the application
       within 15 days of its receipt (but not prior to the end of the comment period). If a
       public hearing is held, the Administrator is to approve or disapprove the application
       within 60 days. The bill provides the Administrator with the ability to extend this time
       frame under certain circumstances, including if the Administration finds that there is
       reasonable probability of usefulness and success of the proposed branch. An appeal of
       the Administrator’s action on the application is permitted under the bill.


     ● Definitions. Among the definitions created by the bill, a “branch” means “any office,
       agency or other place of business located within this state, other than the place of
       business specified in the credit union’s certificate of organization, at which deposits are
       received, checks paid, or money lent.”


     ● Rule and Regulation authority. The Administrator is allowed to adopt rules and
       regulations necessary to implement the provisions required for review of branch
       applications.


Field of Membership

      The bill amends the definition in existing law (KSA 17-2205) to delete the limitation that
“Credit union organizations shall be limited to groups (of both large and small membership)
having a common bond of occupation or association or to groups residing within a well-defined
neighborhood, community, or rural district.” The bill instead establishes new criteria associated
with defining the fields of membership for state-chartered credit unions, as described below.
sub. for sb 535
     ● Field of Membership Defined. The bill requires a state-chartered credit union’s
         members to be linked by occupation, association, or geographic area. An “occupation”
         field of membership includes employees of the same employer, workers under contract
         with the same employer, businesses paid by the same employer on a continuing basis,
         or employees in the same trade, industry, or profession. An “association” field of
         membership includes members and employees of a recognized association as defined
         in such association’s charter, bylaws, or similar document. Those linked under a
         “geographic” field of membership may live, work, or worship in that geographic area; the
         geographic bond also applies to organizations of people who live, work, or worship in a
         specified geographic area. A credit union that chooses to be limited by a geographic field
         of membership could include one or more common bonds of occupation or association,
         if the employer or association is located in the geographic area of the credit union.


     ● Criteria if single Common bond Cannot be established. The bill allows a group
       to include multiple common bonds of occupation or association and exceed 3,000



 Kansas Legislative Research Department         54                     2008 Summary of Legislation
                                                                             sub. for sb 535 (Cont.)


         members, but only if the Administrator determines in writing that such group could not
         feasibly or reasonably establish a new single bond credit union. The Administrator
         would have to determine that the group lacks sufficient volunteer and other resources;
         does not meet criteria indicating a likelihood of success, given its characteristics that
         may affect the credit union’s financial viability and stability; or would be unlikely to be
         able to operate in a safe and sound manner.


      ● Geographic area. The bill specifies that, except as provided in the exceptions outlined
        below, from and after July 1, 2008, no geographic area shall consist of any congressional
        district or the entire state of Kansas.


       The geographic area of a credit union, in general, may include a single political jurisdiction
or multiple contiguous political jurisdictions, until the aggregate total of the population of the
geographic area reaches 500,000. However, if the headquarters of the credit union is located within
a metropolitan statistical area (MSA) of more than one county, a different maximum population
limit would apply. That limit would be determined by a formula: multiply the population of the
most populous MSA within Kansas (i.e., the population of the Kansas City MSA counties within
Kansas) by the fraction having 1.0 million as the numerator and 750,000 as the denominator.
Current population numbers are those of the adjusted federal census information presented to
the Legislature by the Secretary of State.


      The bill requires changes to certain current geographic fields of membership:


          ◦   A credit union with a statewide field of membership is required, before January
              1, 2009, to adopt a field of membership of contiguous political jurisdictions with
              an aggregate total population not to exceed 1.0 million. A credit union whose
              headquarters is not in a county that is part of an MSA may not include more than
              one MSA in its new field of membership.


          ◦   A credit union whose headquarters is located within an MSA as of February 1,
              2008, could continue its field of membership if that field of membership includes
              multiple contiguous political jurisdictions with an aggregate total population of not
              more than 1.0 million. If the total population of its political jurisdictions exceeded
              1.0 million, the credit union would be required to change its field of membership, by
              January 1, 2009. The population of any county where a branch of the credit union
              is located would not be included in the 1.0 million population total.


          ◦   A credit union whose headquarters is not located within an MSA as of February 1,
              2008, could continue its field of membership unless its field of membership includes
              multiple contiguous political jurisdictions having an aggregate total population of
              more than 1.0 million. If the total population of its political jurisdictions exceeded
              1.0 million, the credit union would be required to change its field of membership, by
              January 1, 2009. The population of any county where a branch of the credit union
              is located would not be included in the 1.0 million population total. A credit union



Kansas Legislative Research Department          55                     2008 Summary of Legislation
                                                                             sub. for sb 535 (Cont.)


            whose headquarters is not in a county that is part of an MSA may not include more
            than one MSA in its new field of membership.


     ● Publication Requirements. The bill requires any credit union that wanted to change or
       alter its field of membership to file an application with the Administrator and to furnish the
       Administrator with proof of publication in the Kansas Register related to that application.
       The application to the Administrator is required to include the following elements:
       documentation showing that the proposed area or groups to be served would meet the
       field of membership requirements in this bill; pro forma financial statements for the first
       two years after the proposed change, including any assumption regarding growth in
       membership, shares, loans and assets; a marketing plan addressing how the proposed
       field of membership would be served; the financial services to be provided to members;
       a local map showing the locations of both the current and proposed headquarters and
       branches; and the anticipated financial impact on the credit union in terms of need for
       additional employees and fixed assets. The notice to be published in the Kansas Register
       would, at a minimum, include the name and address of the applicant credit union and
       a description of the proposed change. The bill requires that the notice be published for
       two consecutive weeks, within 60 days prior to the proposed change.
sub. for sb 535
     ● Definitions.


        ◦   A “metropolitan statistical area” would be an area so defined by the U.S. Census
            Bureau within the U.S. Department of Commerce, except that the bill defines an
            MSA for the purposes of the bill as only a multi-county MSA. (The Census Bureau
            lists Douglas County as a separate MSA; it is not classified as an MSA by this bill.)


        ◦   A “political jurisdiction” means a city, county, township, or clearly identifiable
            neighborhood (such as the Fairfax district in Kansas City).


        ◦   “Population data” are the official state population figures for the state, or any portion
            thereof, which are identical to the decennial census data from the enumeration
            conducted by the U.S. Census Bureau.


     ● exceptions. In general, the bill allows credit unions to continue to serve current
       members and groups.


        ◦   Any member or organization that is a member of any credit union that is in existence
            as of June 30, 2008, could continue to be a member of that credit union. The term
            “member” refers to an individual and to any person who is a member of that individual’s
            immediate family as defined by the bylaws of the credit union on the effective date
            of the bill. If the bylaws of a credit union do not define “immediate family,” the
            bill defines that term as including spouse, parent, stepparent, grandparent, child,
            stepchild, sibling, grandchild, or former spouse.




 Kansas Legislative Research Department         56                      2008 Summary of Legislation
                                                                          sub. for sb 535 (Cont.)


         ◦   Any branch of a credit union that is in existence as of February 1, 2008, could
             continue to operate in the county where it is located. A branch for which there has
             been a purchase or contract for land, acquisition or lease of a building, or adoption
             of drawings for construction or renovation will be considered to be in existence.


         ◦   Any member of any occupational or association group whose members constituted
             a portion of the membership of the credit union as of February 1, 2008, could
             continue to be eligible to become a member of the credit union. A patron of an
             organization is eligible for membership if the patron is an individual who uses the
             products and services of the organization that is included in the field of membership
             at the time the patron applies for membership.


Other Procedures

      The bill also amends two existing laws governing the regulation of credit unions to provide
for additional merger procedures. Those procedures include:


     ● emergency mergers. The bill amends KSA 17-2206 to allow the Administrator to
       approve an emergency merger of credit unions, without regard to field of membership
       or other legal restraints, under certain circumstances. The credit union to be merged
       must have been determined to be in poor financial condition (CAMEL rating of 4 or 5)
       and determined to be undercapitalized in accordance with rules and regulations. The
       field of membership of the merged credit union would be retained by the continuing
       credit union.


     ● approval of other mergers. The bill amends KSA 17-2228 to require the Administrator
       to determine whether a merger consented to by credit unions would meet the
       requirements for field of membership set forth in this bill, before the Administrator
       certifies the merger.


                                           HeaLTH


Health Care Reform Act of 2008; Health and Insurance Statutes;
 Physician Workforce and accreditation Task force—House sub. for sb 81

      House sub. for sb 81 enacts the Health Care Reform Act of 2008, makes amendments to
several health and insurance statutes, and establishes the Physician Workforce and Accreditation
Task Force. The bill also appropriates moneys from the State General Fund for the Wichita
Center for Graduate Medical Education (WCGME) in FY 2009 contingent upon a submission of
a request for research-oriented grant funding from the Kansas Bioscience Authority.




Kansas Legislative Research Department        57                     2008 Summary of Legislation
                                                                      House sub. for sb 81 (Cont.)


Mandatory Offer—Premium Only Plans (POPs)

      The bill creates new law to require insurers that offer group health insurance provide the
option of establishing a premium only (cafeteria) plan (POP). The establishment of a POP or
other payroll deduction plan would not be in violation of KSA 40-2404, a statute governing unfair
methods of competition or unfair and deceptive acts or practices. The bill allows insurers to charge
a fee for establishing a POP or use a vendor for plan establishment. An “insurer” is defined as
any insurance company, fraternal benefit society, health maintenance organization and hospital
and medical service corporation authorized to transact health insurance business in this state. (A
premium only cafeteria plan, POP, allows employees to pay for their portion of group insurance
premiums with pre-tax dollars.)


Optional Offer—Premium Only Plans (POPs)

      The bill creates new law to allow employers that provide health insurance coverage, in which
any portion of the premium is payable by an employee, to offer a premium only cafeteria plan.
This provision would not apply to any employer who offers health insurance through a self-insured
or self-funded group health benefit plan. The term “health benefit plan” is defined to include a
cafeteria plan authorized by 26 U.S.C. Section 125; and the cafeteria plan could offer the option
of paying all or any portion of the premium or the option of receiving insurance coverage through
a High Deductible Health Plan and the establishment of an HSA. The terms “Health Savings
Account (HSA)” and “High Deductible Health Plan (HDHP)” are defined as:
House sub. for sb 81
    ● “Health Savings Account” having the meaning ascribed to it in subsection (d) of 26
       U.S.C. Section 223; and


     ● “High Deductible Health Plan” meaning a policy or contract of health insurance or health
       care plan that meets the criteria established in subsection (c) of 26 U.S.C. Section 223
       and amendments and regulations.


High Risk Pool—Amendment to the Kansas
 Uninsurable Health Insurance Plan Act

      The bill amends KSA 40-2124 to increase the maximum lifetime benefit for participants in
the state High Risk Pool (the Kansas Uninsurable Health Insurance Plan administered by the
Kansas Health Insurance Association) from $1.0 million to $2.0 million.


State COBRA Coverage Continuation

       The bill makes amendments to three statutes in the Insurance Code (Nonprofit Medical
and Hospital Service Corporations; Group Accident and Sickness Insurance; and HMOs and
Medicare provider organizations) to extend the state continuation of coverage period from six to
eighteen months. Amendments also are made to require employers to provide reasonable notice
of the right of continuation of coverage and to require, in the case of group accident and sickness



 Kansas Legislative Research Department         58                     2008 Summary of Legislation
                                                                    House sub. for sb 81 (Cont.)


insurance policies, a terminated employee to pay premiums to the employer (rather than to the
insurer, as in prior law).


Health Benefit Plans—Small Employers

      The bill amends KSA 40-2209d to specify that a “health benefit plan” includes a section
125 plan which offers the option of receiving coverage through an HDHP and the establishment
of an HSA. The terms “High Deductible Health Plan” and “Health Savings Account” also are
defined (definitions are identical to those created in the Premium Only Plan provision).


Safety Net Clinics

       The bill amends two statutes in the Primary Care Safety Net Clinic Capital Loan Guarantee
Act to create a definition of “provider-based indigent care clinic.” Such clinic would have to
be located in a Medicare-certified hospital, nursing facility, or home health agency and will be
included within the definition of a “primary care safety net clinic.” Additionally, the Secretary
of the Kansas Department of Health and Environment is allowed to enter into agreements
with provider-based indigent care clinics to allow such clinics to act as primary care safety net
clinics.


State Employee Health Care Benefits Program

       The bill amends a statute governing the State Employee Health Care Benefits Program
(KSA 2007 Supp. 75-6501) to require the state’s employer contribution to any HSA plan offered
to state employees be equal to the state’s employer contribution to any other state benefit plan
offered to state employees.


       Beginning with Plan Year 2009, the cost savings to the state for the High Deductible
Health Plan are to be deposited monthly into the employee’s Health Savings Account (amount
cannot exceed the federally established maximum annual amount), for as long as the employee
participates in this plan. For state employees who have not previously participated in the State
Health Benefits Plan, the employer is to calculate an average savings. The employer also is to
allow additional voluntary contributions by the employee to his or her HSA.


Office of the Inspector General (Kansas
 Health Policy Authority)

      The bill amends a statute (KSA 2007 Supp. 75-7427) applying to the Inspector General
within the Kansas Health Policy Authority (KHPA), to provide that contractors convicted of fraud,
waste, abuse, or illegal acts or whose actions have caused the State to pay fines or reimburse
the federal government more than $1.0 million in the Medicaid program, with certain exceptions,
are not eligible for any state Medicaid contract. A technical change also is made to clarify the
Inspector General reports to the Kansas Health Policy Authority. The bill specifies that these




Kansas Legislative Research Department        59                     2008 Summary of Legislation
                                                                      House sub. for sb 81 (Cont.)


provisions are not to be construed to conflict with federal law or to require or permit the use of
federal funds where prohibited.


Kansas Health Policy Authority—Membership; Programs

    The bill adds the Commissioner of Education to the KHPA Board as a non-voting, ex-officio
member.


      The bill amends two provisions enacted in 2007 SB 11 to transfer administration of the Small
Employer Cafeteria Plan Development Program and the Association Assistance Plan grants and
loan program from the Department of Commerce to KHPA.


Medical Home

      The bill defines a “medical home” to mean “a health care delivery model in which a patient
establishes an ongoing relationship with a physician or other personal care provider in a physician-
directed team, to provide comprehensive, accessible and continuous evidence-based primary and
preventive care, and to coordinate the patient’s health care needs across the health care system
in order to improve quality and health outcomes in a cost effective manner.” The Kansas Health
Policy Authority is directed to incorporate the use of the medical home delivery system within
the state Medical Assistance program, the State Children’s Health Insurance Program (SCHIP),
and the state MediKan program. The Kansas State Employees Health Care Commission will
be required to incorporate the use of a medical home delivery system within the State Health
Care Benefits Program. Compliance with a medical home delivery system would not, however,
be required for those benefits’ participants who receive treatment in accordance with a religious
method of healing pursuant to KSA 2007 Supp. 75-6501.


     On or before February 1, 2009, the Kansas Health Policy Authority, in conjunction with the
Kansas Department of Health and Environment and state stakeholders, is required to develop
systems and standards for the implementation and administration of a “medical home.”


Legislative Committees

      The bill amends the statutory authority of the Joint Committee on Children’s Issues to
specify the Committee is to study children’s issues. Under the prior law, the Joint Committee was
charged with the oversight of the implementation and operation of the children’s health insurance
plans created under the provisions of the act, including the assessment of the performance based
contracting’s measurable outcomes as set forth in subsection (b)(4) of KSA 38-2001 and other
children’s issues as the Committee deems necessary.


    The bill assigns this oversight of the state children’s health insurance programs to the Joint
Committee on Health Policy Oversight.




 Kansas Legislative Research Department         60                     2008 Summary of Legislation
                                                                      House sub. for sb 81 (Cont.)


Program Establishment, Implementation—KHPA

      The bill requires the Kansas Health Policy Authority, subject to appropriations from the
State General Fund, to establish and implement the following:


      ● Dental Coverage for Pregnant Medicaid Beneficiaries. The cost could not exceed
        $545,833.


      ● Expansion of Medicaid Eligibility up to 200 percent FPL (Federal Poverty Level) and
        Smoking Cessation Programs for pregnant women. The cost would be an amount of
        approximately $460,000 from the State General Fund.


      ● Statewide Community Health Records Program.                 The cost could not exceed
        $383,600.


Program Establishment—KDHE

      The bill requires the Kansas Department of Health and Environment, subject to
appropriations from the State General Fund, to establish a program to increase access to
screenings for colon, breast, prostate and cervical cancer and to be used in conjunction with,
but not limited to, rural health and safety net clinics. The cost could not exceed $1.5 million.


Insurance Card Standardization (Annual Publication)

       The bill amends KSA 39-760 to direct the Kansas Health Policy Authority, with the Secretary
of Social and Rehabilitation Services, to establish a system for reporting suspected abuse
or fraud in connection with the state welfare and medical assistance programs. Additionally,
notification of Medical Assistance is to be provided on an annual basis to recipients, on the
medical cards issued by KHPA. (Previously, the statute applied to only the Department of Social
and Rehabilitation Services and notification is required on a monthly basis (printed on medical
cards issued to recipients).)


SCHIP Expansion; Premium Assistance for Employer Sponsored Insurance

       A new provision will be added to the statute that authorizes the Kansas Children’s Health
Insurance Program to direct the Health Policy Authority to provide coverage under the program,
subject to appropriations, for children living in a household having a gross income, for 2009, at or
under 225 percent of the 2008 federal poverty guidelines and, for 2010 and subsequent years,
at or under 250 percent of the 2008 federal poverty guidelines. Participants will be required to
contribute to the coverage on the basis of a sliding scale, and new participants would not be
eligible for at least eight months if they previously had comprehensive health benefit coverage
through another plan and such coverage was not terminated for one of the reasons set out in the
legislation. (The 2008 federal poverty guideline for a family of four is $21,200.)



Kansas Legislative Research Department          61                     2008 Summary of Legislation
                                                                        House sub. for sb 81 (Cont.)


      The statute also is amended to allow that contributions for health insurance premiums
in the State Children’s Health Insurance Program may be made to a health savings account,
if applicable. Payments for health insurance premiums could be made in conjunction with an
employer-sponsored health insurance premium assistance plan (ESI), providing that supplemental
benefits may be purchased outside of the capitated managed care plan.


       Under new language added to the statute, any individual seeking to participate in the SCHIP
program will be required to present documentary evidence of citizenship or of being a lawful alien
as a condition of eligibility. The criteria for determining whether the documentation is satisfactory
could not be more restrictive than that followed by the Social Security Administration to determine
citizenship. Certain types of documents issued by Indian tribes would constitute satisfactory
evidence of citizenship. The coverage of children in families up to 225 and 250 percent of federal
poverty guidelines authorized by the bill is not to be construed as an entitlement, will be subject
to state and federal funds and requirements, and, were it determined available federal funds and
state appropriations are insufficient to sustain the increased levels of eligibility, a lower income
level will be required to be adopted and implemented.


Premium Assistance Program

      An existing statute, created by 2007 SB 11, is amended to delete all references to a phased
in premium assistance plan to assist eligible low-income residents with the purchase of private
insurance or other benefits that are actuarially equivalent to the Kansas State Employee Health
Plan.


Establishment of Funding Priorities for FY 2009

      The bill establishes funding recommendations for the following priorities:


      ● KDHE: Safety Net Clinics, $2.5 million.


WCGME Appropriation, FY 2009

       The bill will, through a request, allow the Wichita Center for Graduate Medical Education
(WCGME) to receive moneys from the Kansas Bioscience Authority in FY 2009 and would
appropriate $1.5 million (from the State General Fund) in FY 2009 for non-research expenditures
(off-site or rural rotation), contingent upon the submission of the request to the Bioscience Authority
for $7.1 million in research-oriented grant funding.


Physician Workforce and Accreditation Task Force

     The bill creates the Physician Workforce and Accreditation Task Force. The Task Force will
be composed of 13 members as follows:




 Kansas Legislative Research Department           62                     2008 Summary of Legislation
                                                                    House sub. for sb 81 (Cont.)


     ● Two members of the medical faculty or administrators of the University of Kansas
       Medical Center appointed by the dean of the school of medicine; one from the Kansas
       City Campus, and one from the Wichita Campus;


     ● Two members appointed by the Governor, practicing medicine in Kansas who are
       current or former participants in a Kansas graduate medical residency program;


     ● One member appointed by the Board of Regents;


     ● One member representing Via Christi appointed by the Wichita Center for Graduate
       Medical Education (WCGME);


     ● One member representing Wesley Medical Center, appointed by WCGME;


     ● One member appointed by the Kansas Health Policy Authority (KHPA);


     ● One member who is an administrator of a rural hospital appointed by the Kansas
       Hospital Association;


     ● Four legislators, with one each appointed by the Senate President; the Speaker of the
       House; the Senate Minority Leader; and the House Minority Leader.


     The Chairperson of the Task Force will be designated by the House Speaker from the
membership, and the Vice-Chairperson will be designated by the Senate President from the
membership. The Task Force meets on call of the Chairperson, or on the request of seven
members, subject to the approval of the Legislative Coordinating Council. Seven members
would be a quorum.


      The Task Force is charged with the study and adoption of recommendations regarding
the physician workforce in the state and accreditation issues at the WCGME. The Task Force
will be staffed by the Revisor of Statutes, Legislative Research Department, and Legislative
Administrative Services. The Task Force is required to report to the House Committee on
Appropriations and the Senate Committee on Ways and Means prior to the beginning of the
2009 regular session.


Kansas Health Policy Authority—Outreach Pilot Program

       The bill allows the Kansas Health Policy Authority to establish, subject to appropriations,
a pilot program implementing access to care programs for outreach to increase enrollment of




Kansas Legislative Research Department         63                    2008 Summary of Legislation
                                                                         House sub. for sb 81 (Cont.)


children in Medicaid and HealthWave with priority given to rural and safety net clinics. The cost
of the two-year pilot shall not exceed $550,000 per year.


       The KHPA is required to report its findings and any recommendations it may have concerning
the pilot program to the Governor, Joint Committee on Health Policy Oversight, and the Legislature
annually.


Effective Date

      The Task Force provisions became effective upon publication in the Kansas Register. All
other provisions of the bill are effective upon publication in the statute book.
House sub. for sb 81
flame Retardant Cigarettes—sb 178

     sb 178 creates “flame retardant” cigarettes under the Fire Safety Standard and Firefighter
Protection Act.


      The bill would require all cigarettes sold in the State of Kansas after July 1, 2009, to have
been tested for ignition strength by the American Society for Testing and Materials prior to sale.
Exemptions from the testing date would be allowed for sale of existing supplies of cigarettes if a
state sales tax was affixed to the cigarettes prior to July 1, 2009, and if the wholesale dealer, retail
dealer, or vending machine operator can establish that the inventory was purchased prior to July
1, 2009. This exemption would not apply after July 1, 2010, when all cigarettes must comply with
testing and performance standards prior to sale.


      Under the bill, no more than 25 percent of cigarettes tested could exhibit full length burn
as laboratory tested, and cigarettes would be required to have lowered permeability bands in the
cigarette paper to reduce the ignition strength of cigarettes.
sb 178
       The bill requires certified cigarettes to be marked with the letters “FSC,” which is defined in
the bill as fire standards compliant.


      In addition, the State Fire Marshal would have to propose equivalent test methods for
cigarettes that are not sent to the American Society for Testing and Materials to be tested. Alternate
testing by another state that has enacted equivalent testing and performance standards to those
standards in Kansas would be accepted.


      Under the bill, manufacturers are required to maintain copies of the test results for three
years, and manufacturers could be liable for fines of $10,000 each day written test reports are
not available to the State Fire Marshal or the Attorney General’s Office following 60 days after the
request for such reports.




 Kansas Legislative Research Department           64                      2008 Summary of Legislation
                                                                                      sb 178 (Cont.)


       Manufacturers are required to pay the State Fire Marshal a fee of $250 to defray costs of
processing, testing enforcement, administration, and oversight activities. Cigarettes must be re-
certified every three years, or when a change to the cigarettes is made by the manufacturers.


      Manufacturers, wholesale dealers, agents, or other non-retail sellers selling cigarettes that
do not meet the performance standards are subject to a penalty of up to $500 for each pack of
cigarettes sold; however, the penalty could not exceed $100,000 in a thirty-day period.


      The Attorney General’s Office is responsible for developing a directory of certified cigarettes
to be posted on the Attorney General’s website. Unless the wholesale dealer, retail dealer, or
vending machine operator has knowledge that cigarettes do not comply with the Act, they shall
assume any cigarette listed in the directory to be lawful to sell in the State.


     A retail dealer or vending machine operator who sells cigarettes not listed in the directory
and not marked would be subject to a penalty not to exceed $500 per pack and not more than
$25,000 during a thirty-day period.


      Manufacturers who knowingly make false certification would be subject to a penalty of not
less than $75,000 and not more than $250,000 for each false certification. Cigarettes that do
not comply with performance standards would be subject to forfeiture.


      Monies from penalties would be deposited in the Fire Safety and Firefighter’s Protection
Act Fund to pay for administration of the provisions of the Act to support fire and safety prevention
programs.


     The State Fire Marshal may promulgate rules and regulations necessary to effectuate the
purposes of the Act.
sb 178
Prescription Monitoring Program, Pharmacy
 Quality Control, and studies—sub. for sb 491

       sub. for sb 491 enacts the Prescription Monitoring Program Act and creates the prescription
Monitoring Program Advisory Committee, the Methamphetamine Precursor Scheduling Task
Force, and the Veterinary Prescription Monitoring Program Task Force. The bill also requires
each pharmacy in Kansas to establish a continuous quality improvement program, and amends
existing law concerning nonresident pharmacies.


Prescription Monitoring Program

     The State Board of Pharmacy is required to establish and maintain a prescription
monitoring program for scheduled substances and drugs of concern dispensed in Kansas or
dispensed to an address in Kansas. “Scheduled substances” is defined as those controlled



Kansas Legislative Research Department          65                      2008 Summary of Legislation
                                                                              sub. for sb 491 (Cont.)


substances included in Schedules II, III, or IV of the Federal Controlled Substances Act and the
Kansas Uniform Controlled Substances Act. “Drugs of concern” is defined as those drugs that
demonstrate a potential for abuse and are designated as drugs of concern in rules and regulations
to be promulgated by the Board of Pharmacy.


       Each dispenser will be required to submit information to the Board of Pharmacy electronically
for each prescription dispensed for a scheduled substance or a drug of concern. A “dispenser” is
defined as a practitioner or pharmacist who delivers a scheduled substance or drug of concern to
an ultimate user and does not include the following: licensed hospital pharmacies that distribute
such substances for the purpose of inpatient hospital care; medical care facilities as defined
in KSA 65-425; practitioners or other authorized persons who administer such substances;
registered wholesale distributors of such substances; veterinarians licensed by the Kansas Board
of Veterinary Examiners who dispense or prescribe such substances; or practitioners exempted
from the reporting requirements by the Board of Pharmacy.


      The Prescription Monitoring Program database and any records maintained by the Board
of Pharmacy or any entity contracting with the Board are to be privileged and confidential; not
subject to subpoena or discovery in civil proceedings; used only for investigatory or evidentiary
purposes related to violations of state or federal law and regulatory activities; not a public record;
and not subject to the Kansas Open Records Act. The Board is required to maintain procedures
to ensure the privacy and confidentiality of patients and to ensure information is disclosed only to
authorized persons, including:
sub. for sb 491
     ● Persons authorized to prescribe or dispense scheduled substances and drugs of concern
         for the purpose of providing medical or pharmaceutical care for their patients;


      ● Individuals who request their own prescription monitoring information;


      ● Designated representatives from the professional licensing, certification, or regulatory
        agencies charged with administrative oversight of those persons engaged in prescribing
        or dispensing scheduled substances and drugs of concern;


      ● Local, state, and federal law enforcement or prosecutorial officials engaged in the
        administration, investigation, or enforcement of the laws governing scheduled substances
        and drugs of concern;


      ● Designated representatives from the Kansas Health Policy Authority regarding authorized
        Medicaid program recipients;


      ● Persons authorized by a grand jury subpoena, inquisition subpoena, or court order in a
        criminal action;




 Kansas Legislative Research Department          66                      2008 Summary of Legislation
                                                                           sub. for sb 491 (Cont.)


     ● Personnel of the Prescription Monitoring Program Advisory Committee for the purpose
       of operating the Program;


     ● Personnel of the Board of Pharmacy for the purposes of administration and enforcement
       of the Prescription Monitoring Program Act and the Uniform Controlled Substances
       Act; and


     ● Public or private entities for statistical, research, or educational purposes.


      The Board of Pharmacy is required to promulgate rules and regulations specifying the
nationally recognized telecommunications format to be used for the submission of information
and the transmission methods and frequency of dispenser submissions. The Board may
issue waivers for dispensers unable to submit prescription information by electronic means,
allowing them to submit information in paper form or by other means. The Board of Pharmacy
is prohibited from imposing any charge for the establishment or maintenance of the Prescription
Monitoring Program database on registered wholesale distributors, pharmacists, dispensers, or
other persons authorized to prescribe or dispense scheduled substances and drugs of concern.
The Board also is prohibited from charging fees for the transmission of information from the
database except for individuals who request their prescription monitoring information.


     Persons violating the following provisions of the Prescription Monitoring Program Act
would be guilty of a severity level 10, nonperson felony:


     ● Dispensers who knowingly fail to submit prescription monitoring information or who
       knowingly submit incorrect information;


     ● Persons authorized to have prescription monitoring information who knowingly disclose
       such information in violation of the Act; and


     ● Persons authorized to have prescription monitoring information who knowingly use
       such information in violation of the Act.


      Practitioners and dispensers will not be in violation of the Act if they disclosed or used
information solely in the course of care of the patient who is the subject of the information.


       Additionally, persons authorized to prescribe or dispense scheduled substances or drugs of
concern will not be required to obtain information about a patient from the Prescription Monitoring
Program prior to prescribing or dispensing scheduled substances and drugs of concern. The
practitioners and dispensers also are not to be liable to any person in a civil action because they
did, or did not, seek or obtain information from the Prescription Monitoring Program prior to
prescribing or dispensing scheduled substances or drugs of concern to a patient.
sub. for sb 491



Kansas Legislative Research Department         67                     2008 Summary of Legislation
                                                                           sub. for sb 491 (Cont.)


      Finally, in consultation with and upon recommendation of the Prescription Monitoring
Program Advisory Committee, the Board of Pharmacy is required to review the effectiveness of
the Prescription Monitoring Program and to submit an annual report to the Senate Committee on
Public Health and Welfare and the House Committee on Health and Human Services.


Prescription Monitoring Program Advisory Committee

      The bill creates the Prescription Monitoring Program Advisory Committee, subject to Board
of Pharmacy oversight, to be responsible for the operation of the Prescription Monitoring Program.
The Advisory Committee is to consist of at least the following nine members appointed by the
Board of Pharmacy for three-year terms:


     ● Two licensed physicians, one nominated by the Kansas Medical Society and one
       nominated by the Kansas Association of Osteopathic Medicine;


     ● Two licensed pharmacists nominated by the Kansas Pharmacists Association;


     ● One person representing the Kansas Bureau of Investigation nominated by the Attorney
       General;


     ● One person representing the University of Kansas School of Medicine nominated by the
       Dean of the School of Medicine;


     ● One person representing the University of Kansas School of Pharmacy nominated by
       the Dean of the School of Pharmacy;


     ● One licensed dentist nominated by the Kansas Dental Association; and


     ● One person representing the Kansas Hospital Association nominated by the Hospital
       Association.


      The Board of Pharmacy may appoint other persons authorized to prescribe or dispense
scheduled substances and drugs of concern, recognized experts, and representatives from law
enforcement. Members of the Advisory Committee are to serve without compensation.


      The Advisory Committee is required to work with each entity charged with administrative
oversight of persons engaged in prescribing or dispensing scheduled substances and drugs
of concern to develop a continuing education program about the purposes and uses of the
Prescription Monitoring Program. It also is required to work with the Kansas Bar Association and
the Kansas Bureau of Investigation to develop continuing education programs for attorneys and
law enforcement officers.



 Kansas Legislative Research Department        68                     2008 Summary of Legislation
                                                                          sub. for sb 491 (Cont.)


sub. for sb 491
Methamphetamine Precursor Scheduling Task Force

       The Methamphetamine Precursor Scheduling Task Force is established to study the
possibility and practicability of making methamphetamine precursors Schedule III or IV drugs
and the impact of that change on consumer access and cost. The Task Force is to consist of
the following nine members:


     ● The Attorney General, or the Attorney General’s designee;


     ● One member appointed by the Kansas Health Policy Authority;


     ● One member appointed by the Director of the Kansas Bureau of Investigation;


     ● One member appointed by the State Board of Pharmacy; and


     ● One member appointed by the Board of Healing Arts.


      The four remaining members would be appointed by the Board of Pharmacy as follows:


     ● One member nominated by the Kansas Medical Society;


     ● One member nominated by the Kansas Association of Osteopathic Medicine;


     ● One member nominated by the Kansas Pharmacists Association; and


     ● One member appointed by the Kansas Task Force of the Pharmaceutical Research
       and Manufacturing Association representing the pharmaceutical industry.


       The nominations and appointments to the Methamphetamine Precursor Scheduling Task
Force are required to be made within 30 days after the effective date of the bill. The Board of
Pharmacy is required to convene the initial meeting of the Task Force within 60 days of the
effective date. All Task Force members are to serve without compensation. The Task Force is
required to report its findings and conclusions to the Legislature on or before January 12, 2009,
and would sunset on January 13, 2009.


Veterinary Prescription Monitoring Program Task Force

     The Veterinary Prescription Monitoring Program Task Force is established to study and
determine whether to require licensed veterinarians to report to the Prescription Monitoring



Kansas Legislative Research Department        69                     2008 Summary of Legislation
                                                                              sub. for sb 491 (Cont.)



Program established by the bill. The study is required to include appropriate methods and
procedures of reporting by veterinarians and necessary database field information. The Task
Force is to consist of the following three members:


      ● One member appointed by the Prescription Monitoring Program Advisory Committee;


      ● One member appointed by the Kansas Board of Veterinary Examiners; and


      ● One member nominated by the Kansas Veterinary Medical Association and appointed
        by the Kansas Board of Veterinary Examiners.


       Appointments to the Task Force are required to be made within 120 days after the effective
date of the bill, and the initial meeting of the Task Force is required to convene within 180 days
after the effective date. All Task Force members are to serve without compensation. The Task
Force is to report its findings and progress to the Prescription Monitoring Program Advisory
Committee at least annually or when requested by the Advisory Committee. The Task Force
also is required to report its progress to the Senate Committee on Public Health and Welfare and
the House Committee on Health and Human Services, if requested. The Task Force is to report
its conclusions and recommendations to the two legislative committees within five years after
the effective date of the bill. Based on the recommendation of the Task Force, the Prescription
Monitoring Program Act would be amended to include veterinarians as practitioners.


Continuous Quality Improvement (CQI) Program

      The bill creates a new statute that requires each pharmacy in Kansas to establish a
continuous quality improvement program which is referenced in the bill as a CQI program. A CQI
program must be in place no later than July 1, 2009. The purpose of the new program is to assess
errors in dispensing or furnishing prescription medications in order that the pharmacy may take
appropriate action to prevent a recurrence of any errors.


      Pursuant to the provisions of the bill, reports, memoranda, proceedings, findings, or other
records generated as part of a CQI program are confidential and privileged peer review documents,
not subject to discovery, subpoena, or other means of legal compulsion for their release and not
admissible in any civil or administrative action other than an administrative proceeding initiated
by the Board of Pharmacy. Nothing in the new statute is to be construed to prevent a patient
from accessing such patient’s prescription records, nor should the confidentiality provision be
construed to affect the discoverability of records that are not generated or maintained solely as
a part of a CQI program. No person in attendance at any meeting convened as part of a CQI
program can be compelled to testify in any civil, criminal, or administrative action as to discussions
or decisions occurring as part of a CQI program, except in an administrative action initiated by
the Board of Pharmacy. All reports and records generated as a part of a CQI program are to be
available for inspection by the Board of Pharmacy within a time period set by the Board through
rules and regulations.




 Kansas Legislative Research Department          70                      2008 Summary of Legislation
                                                                            sub. for sb 491 (Cont.)


      The new statute created by the bill requires the Board of Pharmacy, in conducting
a disciplinary proceeding, to close that portion of the hearing in which any report, record, or
testimony falling under the confidentiality provisions of the bill is to be disclosed and to exclude
any person from the closed hearing except those listed in the bill. Further, the Board is required
to make any portions of the administrative record in which privileged matters are disclosed
subject to a protective order prohibiting further disclosure and such records are not to be subject
to subpoena, discovery, or other means of legal compulsion. No person in attendance at a
closed part of a disciplinary proceeding may be required to testify at a subsequent civil, criminal,
or administrative proceeding.


      Pursuant to a statute that was created by the bill, the Board of Pharmacy may review
any matters, testimony, or reports that are confidential or privileged under a CQI program,
in conducting a disciplinary proceeding, but the Board is required to prove its findings with
independently obtained testimony or records presented in an open Board meeting.


      The bill allows the Board of Pharmacy to establish requirements relating to the functions
and record keeping of a pharmacy CQI program.


Nonresident Pharmacy Provisions

       The bill amends an existing statute to add new authority for the Board of Pharmacy to
assess a civil fine against any nonresident pharmacy in an amount not exceeding $5,000 for
each violation when a nonresident pharmacy fails to supply information requested by the Board
or to respond to an inquiry after being noticed by certified mail.
sub. for sb 491
emergency Medical attendants—sb 512

     sb 512 clarifies that the Emergency Medical Services Board may not grant an emergency
medical attendant certificate unless an applicant has:


      ● Successfully completed course work required by the rules and regulations adopted
        by the Board, or successfully completed course work in another jurisdiction that is
        substantially equivalent to course work required by the Board; and


      ● Passed the examination required by the rules and regulations adopted by the Board,
        or passed the certification or licensing examination in another jurisdiction that has been
        approved by the Board.


      Under the bill, the Board may not grant a temporary attendant’s certificate unless the
applicant meets the following requirements:




Kansas Legislative Research Department          71                     2008 Summary of Legislation
                                                                                     sb 512 (Cont.)


     ● If the applicant is certified or licensed as an attendant in another jurisdiction, but the
       applicant’s course work is not substantially equivalent to that required by the Board, the
       temporary certificate would be valid for one year or until the applicant has completed the
       course work, whichever occurs first; or


     ● If the applicant has completed the course work and has taken the required examination,
       but has not received the results of the examination, a temporary certificate is valid for
       120 days from the date of the examination.


      Any applicant who has been granted a temporary certificate would have to be under the
direct supervision of a physician, a physician’s assistant, a professional nurse, or an attendant
holding a certificate higher or equivalent to that of the applicant.


      Finally, the bill requires the Board to adopt, through rules and regulations, a graduated list
of sanctions for violations of the Emergency Medical Services Act which specifies the number and
severity of violations for the imposition of each level of sanction.
sb 512
Immunizations of School Age Children;
  Disposition of fetal Remains—senate sub. for Hb 2097

      senate sub. for Hb 2097 creates new law requiring school boards to provide information
on immunizations to school age children and to parents and guardians of students in grades six
through 12. The information includes:


     ● A list of sources for additional information; and


     ● Related standards issued by the National Centers for Disease Control and Prevention.


      The Department of Health and Environment will be required to provide information on
immunizations to school boards. If requested by a school board, the Department must provide
assistance. The Department is not allowed to charge for the information or assistance it provides.
School boards are defined as the board of education of a school district or the governing authority
of any nonpublic school.


       The bill also requires the Kansas Department of Health and Environment to increase
influenza immunization awareness and participation among parents of children age six months
to five years who are enrolled in child care facilities. The Department of Health and Environment
must have information on the benefits of annual immunization against influenza for children on its
official website and must cooperate with the Department of Social and Rehabilitation Services in
distributing information to parents and child care facilities in August and September every year.




 Kansas Legislative Research Department         72                     2008 Summary of Legislation
                                                                  senate sub. for Hb 2097 (Cont.)


       The Department of Health and Environment also is required to conduct a study of the
feasibility of establishing a school-based influenza vaccination pilot program including the
costs and benefits of a pilot program, barriers to implementation and strategies for removing
the program barriers, and the fiscal impact of a pilot program. The Department is required to
submit a report on its findings to the Joint Committee on Health Policy Oversight prior to the
2009 Legislative Session, and the Joint Committee may introduce bills or request funding for the
pilot program. Also, the Department is authorized to seek funding for implementation of the pilot
study from any public or private source.


       The bill also requires every maternity center and medical care facility licensed by the
Department of Health and Environment to adopt written policies and inform parents regarding
their options for the disposition of fetal remains in an event of fetal death.
senate sub. for Hb 2097
Pharmacy and Contact Lens Dispensing—sub. for Hb 2207

      sub. for Hb 2207 amends two statutes that are a part of the Pharmacy Act of the State
of Kansas and one statute that is a part of an act under which out-of-state entities that dispense
contact lens to Kansans by mail are regulated by the Board of Healing Arts.


       One amendment authorizes the Board of Pharmacy to take an action pursuant to the
emergency procedures provisions in the Administrative Procedure Act against the holder of a
retail dealer’s permit when the Board determines such action is necessary for the immediate
protection of the public interest. The same statute is further amended to authorize the Board
to utilize the emergency procedures of the Administrative Procedure Act when a pharmacy
registration, a registration to manufacture drugs, a registration to distribute drugs at wholesale,
a registration to sell durable medical equipment or the place of business of such sale is at issue
and immediate action is required to protect the public interest. Another statute that concerns
nonresident pharmacies is amended to change the penalty for violation of the statute from a
class C misdemeanor to a severity level 10, nonperson felony.


       The amendment that concerns the sale of contact lenses would give the Board of Healing
Arts the authority temporarily to suspend or limit the registration of an entity dispensing contact
lenses to Kansans by mail in accordance with the emergency procedures under the Kansas
Administrative Procedure Act if the continued dispensing of lenses by such entity would constitute
an imminent danger to the public.


      Sub. for HB 2207 became effective on publication in the Kansas Register.
sub. for Hb 2207
adoption—Home assessment—Hb 2570

     Hb 2570 expands the pool of people eligible to conduct adoption home assessments by
adding the following professions or entities:




Kansas Legislative Research Department         73                     2008 Summary of Legislation
                                                                                         Hb 2570 (Cont.)


      ● Licensed clinical marriage and family therapist;


      ● Licensed marriage and family therapist;


      ● Licensed clinical professional counselor;


      ● Licensed professional counselor;


      ● Licensed psychologist;


      ● Licensed masters level psychologist;


      ● Licensed clinical psychotherapist; and


      ● Licensed child-placing agency.


      Existing law allowed only court-appointed licensed social workers to conduct adoption
home assessments; the bill enumerates the categories of licensed social workers eligible to
conduct assessments. The bill also requires that anyone performing adoption assessments have
a minimum of two years experience in adoption services, or be supervised by someone with that
experience. The experience requirement is reduced to one year for persons who are licensed by
the Behavioral Sciences Regulatory Board to diagnose and treat mental disorders in independent
practice. In addition, the bill requires adoption assessment reports to comply with any applicable
rules and regulations of the Kansas Department of Health and Environment (KDHE).
Hb 2570
Utilization of Unused Medications act—Hb 2578

      Hb 2578 creates the Utilization of Unused Medications Act. The bill creates a voluntary
program by which adult care homes, mail service pharmacies, and medical care facilities may
donate unused medications to be distributed by indigent health care clinics, federally qualified
health centers, or community mental health centers to Kansas residents who are medically indigent.
The bill establishes criteria regarding which medications could be accepted for this program.


       The bill exempts certain entities from liability (criminal or civil liability for injury other than
death, for loss to person or property,) or professional disciplinary action including the Board of
Pharmacy, the Kansas Department of Health and Environment, the Kansas Department on Aging,
any governmental entity or adult care home donating medications, and any qualifying center or
clinic that accepts or dispenses medications or employs a practitioner to accept or dispense the
accepted or donated medications.




 Kansas Legislative Research Department            74                       2008 Summary of Legislation
                                                                                     Hb 2578 (Cont.)


       The bill provides that the prescription drug manufacturer shall not, in the absence of bad
faith or gross negligence, be subject to liability for failure to transfer or communicate product or
consumer information, or the expiration date of a donated prescription drug. Additionally, the
bill provides that the person who donates the prescription medication will not be liable except if
the injury or death is the direct result of a willful, wanton, malicious, or intentional misconduct by
the individual.


      The Board of Pharmacy will establish and implement the program and provide technical
assistance to entities who wish to participate. The bill requires the Board to adopt rules and
regulations by December 1, 2008, to implement the Act.


      Further, the bill requires the Kansas Department of Health and Environment to maintain
records of participation, including number of facilities donating medications, recipient locations,
amounts of medications received, and the number of clients served. Additionally, the bill
specifically excludes any drug purchased with Medicaid Title XIX or Title XXI funding from being
used for this program.


      Additionally, the bill amends KSA 2007 Supp. 75-7427 regarding the Office of the Inspector
General of the Kansas Health Policy Authority. The bill amends the entity to whom the Inspector
General reports from the Executive Director of the Kansas Health Policy Authority to the Kansas
Health Policy Authority. The bill became effective upon publication in the Kansas Register.
Hb 2578
Kansas Healing arts act—Hb 2620

       Hb 2620 creates four new statutes that are made a part of and supplemental to the
Kansas Healing Arts Act and amends three statutes that are a part of the Act. In addition, the
bill creates a new statute that concerns applicants for licenses to practice as nurses or mental
health technicians.
Hb 2620
Healing Arts

      The bill creates a new statute that allows the Board of Healing Arts to enter into a written
agreement with a licensee in the healing arts for a professional development plan, to make
written recommendations to a licensee, or to issue a written letter of concern to a licensee if the
Board, a committee of the Board, or a peer review committee determines the licensee:


      ● Seeks to meet requirements for license renewal by means other than completion of
        continued education requirements;


      ● Has been absent from clinical practice for an extended period of time and seeks to
        resume such practice;




Kansas Legislative Research Department           75                     2008 Summary of Legislation
                                                                                       Hb 2620 (Cont.)


      ● Has failed to adhere to the applicable standard of care, but not to a degree that constitutes
        inability to practice the healing arts with reasonable skill and safety to patients; or


      ● Has engaged in a practice act that, if continued, is reasonably be expected to result in
        future violations of the Healing Arts Act.


      Such action by the Board, a committee of the Board, or a peer review committee is a non-
disciplinary resolution that is not to be construed as a disciplinary action or failure to adhere to the
applicable standard of care. Actions that constitute a non-disciplinary resolution are confidential
and not admissible in any civil, criminal, or administrative action, except any subsequent disciplinary
proceeding by the Board. Meetings to discuss a non-disciplinary resolution are not subject to the
Kansas Open Meetings Act or the Kansas Administrative Procedure Act.


       A new statute created by the bill allows the Board of Healing Arts, in determining the fitness
of a person who applies for an original license, or the reinstatement of any license, permit, or
certificate to practice the healing arts, to require the applicant to be fingerprinted and submit to
a state and national criminal history check. The new statute sets out the purposes for which
the information can be used, specifies the types of records to be released to the Board by law
enforcement, and authorizes the Board to assess a fee to reimburse the Board for the cost of
fingerprinting and criminal history checks.


      Another new statute created by the bill requires the Board to adopt a formal list of graduated
sanctions for violations of the Healing Arts Act which can be used by the Board as a reference
guide for the imposition of sanctions.


      A third new statute requires the Board of Healing Arts, on and after July 1, 2010, to make
specified information about healing arts licensees available on a searchable website that is
accessible to the public.


      Amendments to an existing statute give the Board new authority to place a licensee on
probationary status and authorize the Board, in certain circumstances, to take appropriate
disciplinary action or enter into a non-disciplinary resolution on the basis of a single action of a
licensee that, if continued, can reasonably be expected to constitute professional incompetency
or unprofessional conduct as those terms are defined in the Healing Arts Act. The definition of
unprofessional conduct relating to sexual misconduct is amended to delete references to sexual
exploitation and to add to sexual abuse or misconduct “other improper sexual contact with a
patient, patient surrogates, or key third parties, which exploits the licensee-patient relationship.”
The amendment also adds to the definition of unprofessional conduct, the act of engaging in
conduct which violates patient trust and exploits the licensee-patient relationship for personal
gain.


       Another statute is amended to authorize the Board to contract with one or more persons who
are licensed to practice the healing arts and who are not members of the Board to provide advice




 Kansas Legislative Research Department           76                      2008 Summary of Legislation
                                                                                    Hb 2620 (Cont.)


and assistance as necessary on licensure matters; in the review, investigation, and disposition
of complaints; on clinical and patient care matters; on the ethical practices and professional
practices of licensees; or on other duties assigned by the Executive Director of the Board.


Nursing and Mental Health Technology

        A new statute concerning nursing and mental health technicians is created by the bill. The
new provisions authorize the Board of Nursing to require any applicant for an original license to
practice as a professional nurse, practical nurse, or mental health technician to be fingerprinted
and to submit to a state and national criminal history record check. The fingerprints are required
to be used to identify the applicant and to determine whether the applicant has a criminal history
record in Kansas or other jurisdictions. Information from the criminal history check could be
used by the Board in making a determination of the applicant’s character and fitness for a
nursing or mental health technician license. Local and state law enforcement officers and
agencies are required to assist the Board in taking and processing fingerprints and to release
of all records of adult convictions and nonconvictions and adult convictions and adjudications in
other jurisdictions to the Board.


      The bill authorizes the Board of Nursing to set a fee for fingerprinting in an amount needed
to reimburse the Board for the cost of fingerprinting and criminal record check and to deposit
such fees into the Criminal Background and Fingerprinting Fund that is created by the bill.
Hb 2620
athletic Trainers—Hb 2695

       Hb 2695 amends existing law regarding training and certification of athletic trainers. It
allows the Board of Healing Arts to issue a license to an applicant without an examination under
the following conditions:


     ● If the individual is licensed, registered, or certified in another jurisdiction with standards
       for examination and licensure, registration, or certification that are determined by the
       Board to be equivalent to Kansas’ standards; or


     ● If the individual has been working as an athletic trainer in another jurisdiction, has
       passed an examination in athletic training that the Board finds is equivalent to the
       examination approved by the Board for Kansas, and is certified by the National Athletic
       Trainers Association or another national credentialing body; and


     ● If, at the time of application, the individual has not been disciplined or does not have
       disciplinary action pending resulting from the practice of athletic training in another
       jurisdiction; and


     ● If the individual pays the fees prescribed by the Board, no part of which can be
       returned.



Kansas Legislative Research Department          77                     2008 Summary of Legislation
                                                                                    Hb 2695 (Cont.)


     The bill modifies a temporary licensure provision to allow issuance to an athletic trainer who
meets all licensure requirements, except examination. It also lengthens the notification period the
Board must provide to licensees regarding expiration of their licenses from 30 days to 60 days.


       In addition, the bill removes the current requirement for 800 hours of clinical experience
prior to licensure and deletes a licensing exemption provided for individuals who held a valid
registration as an athletic trainer as of June 30, 2004.
Hb 2695
Dental Practice act amendments—Hb 2702

      Hb 2702 makes two changes to the Dental Practice Act. The bill allows dental hygienists
who are licensed in other states to provide clinical education at meetings of the Kansas State
Dental Association or other dental organization approved by the Kansas Dental Board, and it
requires out-of-state applicants who seek licensure by credentials to meet the 24-month continuing
education requirement applicable to Kansas licensees.
Hb 2702
Cosmetology and body arts—Hb 2721

       Hb 2721 amends a number of statutes that govern persons licensed by the Kansas Board
of Cosmetology, including cosmetologists, persons engaged in the body arts (tattooing, cosmetic
tattooing, and body piercing), estheticians, nail technologists, electrologists, and schools and
tanning salons licensed by the Board.


Changes in Practice Definitions

      The bill changes the definition of “cosmetology” to limit cosmetology practices to those
done for esthetic rather than medical purposes and to limit cosmetology practices relating to hair
removal to temporary hair removal by the use of hands or mechanical or electrical appliances,
other than electric needles. The same changes are made in the definition of “esthetician.”


Prohibited Practices

      The statute that sets out those practices relating to cosmetology, esthetics, nail technology,
and electrology that are limited to persons licensed by the Board is amended to include tattooing,
cosmetic tattooing, or body piercing and further amended to prohibit cosmetologists, nail
technologists, estheticians, and electrologists from providing a service using a medical device
registered with the federal Food and Drug Administration or defined by state or federal law that
may be distributed only on the order of a physician. The prohibition does not keep licensees of
the Board of Cosmetology from providing services using a medical device on the order of and
under the supervision of a physician in a location maintained by the physician. For the purposes
of the act under which cosmetologists are regulated, the term “physician” is defined as a person
licensed by the Board of Healing Arts to practice medicine and surgery.




 Kansas Legislative Research Department         78                     2008 Summary of Legislation
                                                                                   Hb 2721 (Cont.)


Licensed Schools

      Pursuant to the bill, schools of cosmetology, from and after July 1, 2009, must maintain
a student-instructor ratio of at least one instructor for every 25 students on the floor where
consumer services are provided and one instructor for every 25 students in the instructional
classroom. In addition, the schools must require not less than 1,000 clock hours of instruction,
rather than the 650 clock hours currently required. The same student-instructor ratio applies
to schools teaching nail technology from and after July 1, 2009. The amendments make the
same instructor-student ratio applicable to schools teaching esthetics and increase the number
of required clock hours of instruction from 650 to 1,000 hours on and after July 1, 2009. The
statutory language that relates to schools teaching electrology is amended to clarify that such
schools are required to have one full-time instructor for every four students on the floor where
consumer services are provided in addition to one instructor for every four students in the
instructional classroom as of the effective date of the bill.


Applicants for Reciprocal Licensure or Licensure by Examination

      Under the bill, applicants for a reciprocal license to practice cosmetology, esthetics, or
electrology and all applicants for licensure by examination would no longer have to submit a
written statement from a person licensed to practice medicine and surgery showing the applicant
to be free of infectious or contagious disease.
Hb 2721
Apprenticeship Requirements

      Applicants for examination and licensure as an esthetician are required to have completed
not less than 1,000 rather than 650 clock hours of apprenticeship in a licensed school.


General Provisions

      The bill requires each holder of a salon, clinic, or school license to display the sanitation
standards prescribed by the Secretary of Health and Environment in a conspicuous place in
addition to the inspection reports and licenses now required to be displayed.


      Other amendments require disciplinary actions taken by the Board to be in accordance
with the Kansas Administrative Procedure Act and clarify the Board’s authority to assess civil
penalties in addition to other disciplinary actions.


       Allowing any individual to engage in activities that require a license is added to those
violations for which a disciplinary action may be taken.




Kansas Legislative Research Department         79                     2008 Summary of Legislation
                                                                                      Hb 2721 (Cont.)


Tanning Facilities

        The bill gives the Board of Cosmetology the authority to deny or refuse to renew a tanning
facility license and to assess a fine not in excess of $1,000 against a licensee for each of the
violations of the law set out in the amended statute.


Body Arts

       The act under which tattoo artists, permanent color technicians, and persons engaged in
body piercing are licensed is amended to change the definition of “permanent color technician”
to “cosmetic tattoo artist,” and to define the term “body piercer.” References to tattoo and body
piercing facilities are changed to establishments, and the definition of body piercing is changed
to limit the practice to puncturing the skin with needles. New definitions of “cosmetic tattooing
establishment,” “court appointed guardian,” “needle,” “trainer,” and “apprentice” are added to the
act.


      Additions are made to the list of violations that can result in a disciplinary action, including:


     ● Producing an indelible mark or figure on the body of another by scarring, using scalpels
       or other related equipment;


     ● Producing an indelible mark or figure on the body of another by branding, using a hot
       iron or other instrument; and


     ● Using any instrument, other than a needle, for the purpose of tattooing, cosmetic
       tattooing, or body piercing.


      A violation of any of the restrictions noted above would constitute a class A misdemeanor.


      New licensure requirements are created by the bill, including:


     ● Making license application fees nonrefundable;


     ● Expanding the requirements for licensure as a tattoo artist, cosmetic tattoo artist, or
       body piercer to require:


         ◦   Completion of a training program under a person licensed as a trainer by the Board
             or another state in the area of practice in which the person seeks licensure;


         ◦   Completion of at least 50 procedures;




 Kansas Legislative Research Department           80                     2008 Summary of Legislation
                                                                                     Hb 2721 (Cont.)


          ◦   Payment of a non-refundable application fee;


          ◦   Completion of eight hours of continuing education approved by the Board in
              infection control and blood-borne pathogens, in addition to the infection control
              curriculum requirement; and


          ◦   Successful completion of an exam approved, administered, or recognized by the
              Board.


     Licensees will be required to complete five hours of continuing education approved by the
Board in infection control and blood-borne pathogens as a condition of annual license renewal.


      Further amendments to the act set out new procedures for renewal of a license within six
months after it expires, as well as procedures if renewal is sought more than six months after a
license expires; require each establishment for tattooing, cosmetic tattooing, or body piercing to
be inspected by the Board to ensure proper safety and infection control techniques are followed
before an establishment license is issued; and require each establishment to post its license
conspicuously.


      The bill expands the disciplinary actions available to the Board for licensees who are
tattoo artists, cosmetic tattoo artists, or body piercers by adding options for censure, limiting or
conditioning a license, refusing to renew a license, and assessing a fine. The list of violations
that can trigger disciplinary action is expanded by adding:


      ● Has been convicted of any felony offense and has failed to demonstrate, to the Board’s
        satisfaction, that the licensee has been sufficiently rehabilitated to warrant the public’s
        trust;


      ● Has obtained, or attempted to obtain, a license through fraud, bribery, deceit,
        misrepresentation, or other misconduct; or


      ● Has become a danger to the public by reason of alcohol or drug abuse.


      The bill requires civil fines assessed against tattoo artists, cosmetic tattoo artists, and body
piercers to be deposited in the Cosmetology Fee Fund, rather than the State General Fund.
Hb 2721




Kansas Legislative Research Department           81                     2008 Summary of Legislation
Satellite Dental Offices—Hb 2781

      Hb 2781 allows dentists to own two satellite offices in addition to their primary location, if
those offices meet the following conditions:


     ● The satellite offices are within a 125-mile radius of the primary office; and


     ● The satellite offices are located in counties with a population of less than 10,000.


       The bill amends KSA 65-1435, which requires dentists who own practices to be in the
office(s) operating as a dentist or personally overseeing operations during a majority of the time
the office(s) are open.
Hb 2781

                                          INsURaNCe


Life Insurance; Prompt Payment; Risk-Based Capital; Voluntary
  Non-Contractual Mutual Aid Arrangements; Creditor/Debtor Group Life
  Insurance; Utilization Review Organizations—House sub. for sb 113

       House sub. for sb 113 makes several amendments to Kansas insurance law. Specifically,
the bill:


     ● Amends the law governing interest on life insurance and annuity policies to allow interest
       or dividends that accrue to continue until the surrender value of the policy is paid;


     ● Amends the Kansas Health Care Prompt Payment Act for reimbursement of claims paid
       in error;


     ● Updates the statutory date associated with risk-based capital instructions;


     ● Amends the existing exemptions from the Insurance Code to include all voluntary non-
       contractual mutual aid arrangements;


     ● Increases the penalties associated with the failure to provide certain reports to the
       Insurance Commissioner;




 Kansas Legislative Research Department         82                     2008 Summary of Legislation
                                                                   House sub. for sb 113 (Cont.)


     ● Amends a statute governing coverage limitations for creditor/debtor group life insurance;
       and


     ● Amends a statute governing utilization review organizations to create a standard for
       hospital admissions.
House sub. for sb 113
Interest, Life Insurance Policies

      Specifically, the bill allows that, during a deferral period, any interest or dividends that
accrue, in the absence of a surrender of the policy, would continue to accrue until the surrender
value is paid. (Under the prior law, an insurance company was permitted to reserve the right to
defer the payment of any cash surrender value for a six-month period after the surrender of the
policy.)


Kansas Health Care Prompt Payment Act Amendment

      The bill also amends the Kansas Health Care Prompt Payment Act to create a limited time
frame (within 18 months after the end of the month the incorrect payment was made) during
which an insurer could request reimbursement from an insured individual or a provider for a
claim paid in error. In cases of fraud by either the insured (policyholder) or the provider, the
request for reimbursement may be initiated within the applicable statute of limitation under KSA
60-513.


      The bill provides that the time period covered by an audit of the records of a pharmacy
(conducted by a managed care company, insurance company, or third party payor) cannot exceed
two years from the date the claim was submitted, or adjudicated, or as otherwise provided by
state or federal law.


Risk-Based Capital Instructions

        The bill also amends the preparation and filing of certain reports by insurance companies
with the Insurance Department. The bill updates from December 31, 2006, to December 31,
2007, the risk-based capital (RBC) instructions, including formulas, developed by the National
Association of Insurance Commissioners (NAIC) that insurance companies must use in preparing
their financial reports for the Department.
Voluntary Non-Contractual Mutual Aid Arrangements

      The bill removes all voluntary non-contractual mutual aid arrangements from the application
of the Kansas Insurance Code. Under the prior law, the Insurance Code excluded only such
arrangements founded on or before December 31, 1982.




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                                                                        House sub. for sb 113 (Cont.)


Failure to Provide Certain Information, Penalties

     The bill also increases the penalties associated with the failure to provide required reports
and other information to the Insurance Commissioner, as required by statute. The bill increases
the penalty amount for a violation from the current amount of up to $500 to an amount up to
$1,000 per violation or act. The bill also will increase the amount of an additional penalty to be
assessed on a weekly basis until the receipt of the information from the current amount of up to
$100 to amount of up to $500.


Creditor/Debtor Group Life Insurance

      The bill amends a statute governing coverage limitations for creditor/debtor group life
insurance to remove the statutory limitation of $100,000 on the payments to the creditor. The law
instead states that the amount of life insurance on any debtor cannot exceed the amount owed by
that debtor, which is repayable in installments to the creditor.


      Prior law limited the amount of the debtor’s life insurance to the amount owed to the creditor,
or $100,000, whichever was less.


Utilization Review Organizations—Admissions Standard

       The bill also amends a statute governing utilization review organizations to create an
admissions standard. Specifically, the bill allows a utilization review organization to establish
prior notification requirements for inpatient and outpatient hospital admissions. However, the
utilization review organization will be prohibited from requiring notification sooner than the next
business day after any inpatient admission occurring on the weekends or holidays or any urgent or
emergent inpatient or outpatient admission, regardless of when the patient presents to the facility
for services. Additionally, the bill provides that a patient who is unstable or uncommunicative
cannot be deemed to have “presented” to a health care facility until the patient is able to provide
insurance information and the health care facility is permitted under state and federal law to
inquire about insurance coverage.


      The bill requires that a utilization review organization may not reduce or deny payment to a
provider for its failure to comply with any of the organization’s policy that conflicts with this act or
any rules and regulations adopted pursuant to KSA 40-22a11.


       Existing law defines a “utilization review organization” as any entity which conducts
utilization review and determines certification of an admission, extension of stay or other health
care service.
House sub. for sb 113




 Kansas Legislative Research Department           84                      2008 Summary of Legislation
accident and sickness Insurance filings—sub. for sb 209

        sub. for sb 209 amends the law dealing with any individual or group policy form issued
by an accident and sickness insurance carrier that is required to be filed with the Insurance
Commissioner for approval. The bill requires the Commissioner to create a document detailing
the filing requirements for each type of insurance policy. The document is required to include
a list of all product filing requirements contained in Kansas statutes, regulations, and published
bulletins and the appropriate citations to each. The document is required to be available on the
Department’s website. Additionally, the bill requires the Commissioner to:
sub. for sb 209
     ● Update the filing requirements document at least annually and within 30 days of any
         change in law or other published document. Filers are required to submit a copy of
         the document with a policy form filing and certify that the form meets the published
         requirements;
sub. for sb 209
     ● Review and approve, provide notice of deficiencies of, or disapprove the initial filing for
         accident and health insurance policies and rates within 30 days. The act also requires
         the Commissioner to specify any reasons for notice of deficiencies or disapproval. The
         Commissioner’s notice is required to state a hearing will be granted within 20 days
         after the receipt of a written request by the insurer.


       The bill also provides a specified time frame of 30 days for a company to respond to a
notice of deficiencies or disapproval of the initial filing (existing law allows for the same time
period and hearing notice). If the Commissioner takes no action during that time frame, the
form is considered approved. The Commissioner will not be permitted to, with the exception
of a material error or omission in a policy form that has been approved or deemed approved,
retroactively disapprove that filing or examine the filer during a routine or targeted market
conduct examination for compliance with a later-enacted policy form filing requirement. The
bill also creates requirements for disapproval of resubmitted policy forms and the return of a
“grossly inadequate filing.”


      Finally, the bill provides that unless otherwise provided by statute, no rules or regulations
issued by the Commissioner impacting product findings would be applicable to existing approved
or deemed-approved policy forms except upon policy renewal or anniversary date.
sub. for sb 209
Health Insurance Portability and accountability act (HIPaa) Compliance—sb
441

      sb 441 amends from December 31, 2007, to December 31, 2008, the sunset date
contained in the law requiring parity between health and mental health benefits in all group
health insurance policies except for small groups.
sb 441




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Long-Term Care Partnership Program act—sb 443

       sb 443 enacts the Long-Term Care Partnership Program Act, an Act requiring the Kansas
Health Policy Authority, in conjunction with the Kansas Insurance Department, to establish
a long-term care partnership program in Kansas to provide for the financing of long-term care
through a combination of private insurance and medical assistance. The bill allows individuals
who are beneficiaries of a Kansas Long-Term Care Partnership Program policy to be eligible for
assistance under the state’s medical assistance program (Medicaid) using the asset disregard.
The bill creates requirements for state agencies and insurance companies who offer partnership
policies.
sb 443
      A “long-term care partnership program” is defined as “a qualified state long-term care
insurance partnership as defined in section 1917(b) of the Social Security Act, 42 U.S.C. 1396p”
(Deficit Reduction Act of 2005 amendment (DRA)). Long-term care policies issued prior to April
1, 2007, could not receive the partnership designation.


      The bill requires that the program:


     ● Provide incentives for individuals to insure against the costs of providing for their long-
       term care needs;


     ● Provide a mechanism for individuals to qualify for coverage under medical assistance
       while having certain assets disregarded for eligibility determinations and recovery; and


     ● Reduce the financial burden on the state’s medical assistance program by encouraging
       the pursuit of private initiatives.


      Additionally, the Act provides for dollar-for-dollar asset protection for individuals who are
beneficiaries of qualified long-term care partnership policies (after the effective date of the state
plan amendment or after the issue date of an exchanged policy).


      The bill requires four state agencies – the Kansas Health Policy Authority, the Department of
Social and Rehabilitation Services, the Kansas Department on Aging, and the Kansas Insurance
Department – to post on their websites information on how to access the National Clearinghouse
established under the DRA, when the clearinghouse becomes available to consumers.


      Among the responsibilities assigned to the Insurance Commissioner, the Commissioner
must determine the level of inflation protection reasonably necessary to protect individuals who
purchase a Kansas partnership policy. The bill also establishes requirements for insurance
companies that issue policies in Kansas to provide regular reports to the U.S. Department of
Health and Human Services, the Kansas Health Policy Authority, and the Insurance Commissioner.
Insurance companies providing the partnership policies also must advise consumers of the
benefits associated with the partnership policies, submit a form certifying the partnership policies,



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                                                                                    sb 443 (Cont.)


verify producers are receiving the training required before the sale of the products, and maintain
records regarding training (which must be made available to the Insurance Commissioner upon
request).


     Finally, the bill permits the Insurance Commissioner to promulgate rules and regulations
necessary to carry out the provisions of this Act.
sb 443
assumption Reinsurance agreement act amendment—sb 464

      sb 464 amends provisions in the Assumption Reinsurance Agreement Act to permit the
Insurance Commissioner, at his or her discretion, to waive certain reinsurance requirements.
Specifically, the Commissioner will be allowed to waive any requirement of the act when the
transfer of obligation or risks, or both, results from the discontinuance of business by the
transferring insurer.


     The bill also authorizes the Insurance Commissioner to adopt rules and regulations as
may be necessary to carry out the provisions of the Act.
sb 464
filing of Certain forms—sb 465

      sb 465 amends the law governing the filing of certain forms to allow the Insurance
Commissioner to disapprove a filed insurance or indemnity contract because the contract does
not comply with Kansas law.


      Under existing law, the Commissioner is allowed to disapprove a form filing because the
rates are determined to be inadequate, excessive, unfairly discriminate, or otherwise fail to meet
the requirements of the law.
sb 465
electronic Motor Vehicle financial security
  Verification System Task Force—sCR 1616

      sCR 1616 calls for the creation of a task force to study the design and implementation
of an electronic motor vehicle financial security verification system for real time verification of
compliance with the financial security requirements of the Kansas Automobile Injury Reparations
Act.


Auto Insurance Verification System

       The resolution states that the design of an electronic motor vehicle financial security
verification system needs to include the following factors:




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                                                                              sCR 1616 (Cont.)


     ● The likelihood the system would reduce the number of uninsured motorists in the state;


     ● The likelihood the system would aid law enforcement in the identification of uninsured
       motorists in this state;


     ● The reliability of the system;


     ● The cost-effectiveness of the system;


     ● Privacy protections of the system;


     ● Data security and integrity of the system; and


     ● Any other issue related to the proper design and implementation of the system.


Task Force Membership

     The 18-member task force will include:


     ● The Insurance Commissioner or designated representative;


     ● The Secretary of Revenue or designated representative;


     ● The Director of the Division of Motor Vehicles or designated representative;


     ● Four legislators - one member each appointed by the Senate President, the Senate
       Minority Leader, the Speaker of the House of Representatives, and the House Minority
       Leader;


     ● One member representing a domestic property and casualty insurance company
       appointed by the Insurance Commissioner from a list submitted by the Kansas Association
       of Property and Casualty Insurance Companies;
sCR 1616
    ● One member representing a foreign property and casualty insurance company appointed
       by the Insurance Commissioner from a list submitted by the Kansas Association of
       Property and Casualty Insurance Companies;


     ● One member representing foreign stock insurance companies appointed by the Insurance
       Commissioner from a list submitted by the American Insurance Association;



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                                                                               sCR 1616 (Cont.)


     ● One member representing automobile insurance companies appointed by the
       Insurance Commissioner from a list of the top six automobile insurance premium
       writers in Kansas;


     ● One member representing a property and casualty company appointed by the Insurance
       Commissioner from a list submitted by the Property Casualty Insurers Association of
       America;


     ● One member representing a property and casualty company appointed by the Insurance
       Commissioner from a list submitted by the National Association of Mutual Insurance
       Companies;


     ● One member representing the Kansas licensed insurance agents appointed by the
       Insurance Commissioner from a list submitted by the Kansas Association of Insurance
       Agents;


     ● One member representing the Kansas licensed insurance agents appointed by the
       Insurance Commissioner from a list submitted by the Kansas Association of Insurance
       and Financial Advisors;


     ● Two members appointed by the Governor representing law enforcement; and


     ● One member appointed by the Governor representing consumer interests.


      The Insurance Commissioner will serve as the chairperson of the task force and is to
appoint the vice-chairperson from the task force membership. The resolution provides that the
chairperson and vice-chairperson are not to be from the same political party. No non-legislative
task force member is to receive any compensation, subsistence, mileage or other allowances
for serving on the task force and attending meetings. Legislative task force members are to be
paid compensation, subsistence, and expenses in accordance with KSA 75-3212. The staff
of the Kansas Legislative Research Department and the Office of the Revisor of Statutes are
designated to provide assistance to the task force, to the extent authorized by the Legislative
Coordinating Council.


      A report that contains the results of the task force’s study and its recommendations and
conclusions is to be transmitted to the Speaker of the House of Representatives, the Senate
President, the Chairperson of the House Insurance Committee, and the Chairperson of the
Senate Financial Institutions and Insurance Committee no later than the convening of the 2009
Kansas Legislature.
sCR 1616




Kansas Legislative Research Department        89                    2008 Summary of Legislation
Viatical settlement act of 2002—amendments—senate sub. for Hb 2110

      senate sub. for Hb 2110 amends the provisions of the Viatical Settlement Act of 2002
and enacts new requirements governing viatical settlements. Among the amendments, the bill
establishes a definition of and makes a stranger-originated life insurance, commonly referred to
as STOLI, a fraudulent viatical settlement act and includes owner and provider disclosures to be
made to an insurer about these transactions.


Definitions

       The Viatical Settlements Act of 2002 (the Act), as amended by this bill, includes the following
definition: senate sub. for Hb 2110
      ● Stranger-originated life insurance means “an act, practice or arrangement to initiate a
        life insurance policy for the benefit of a third party investor who, at the time of policy
        origination, has no insurable interest in the insured under KSA 40-450 and amendments
        thereto. Stranger-originated life insurance practices include, but are not limited to,
        cases in which life insurance is purchased with resources or guarantees from or through
        a person or entity who, at the time of the policy inception, could not lawfully initiate
        the policy, and where, at the time of the policy inception, there is an arrangement or
        agreement to directly or indirectly transfer the ownership of the policy or the policy
        benefits, or both, to a third party. Any trust that is created to give the appearance of
        insurable interest, and is used to initiate one or more policies for investors, violates KSA
        40-450, and amendments thereto, and the prohibition against wagering on human life.”
        (Exclusions are listed below, with additional definitions created in the bill).


       Under existing law, “viator” is defined as an owner of a life insurance policy or a certificate
holder under a group policy who enters or seeks to enter into a viatical settlement contract. A
viatical settlement contract is the agreement between the viator and the viatical settlement provider
(person who enters into or effectuates a viatical settlement contract) establishing the terms under
which compensation will be paid to the viator in return for the viator’s assignment of the death
benefit or ownership of the insurance policy or certificate of insurance. Other amendments to
definitions amended by the bill are discussed below.


     *New sections 1, 2, and 3 of the bill enact the provisions of KSA 2007 Supp. 40-5007,
40-5009, and 40-5012. The sections, which contained provisions that were subject to the Kansas
Open Records Act, expired on July 1, 2007, and were redrafted. New sections 1 and 2 are
unchanged, with the exception of the update of the expiration date; amendments were made in
New Section 3 to the former provisions of KSA 40-5012 and have been noted.


Examination (New Section 1)*

     The bill reinstates prior law (KSA 2007 Supp. 40-5007) to allow the Insurance Commissioner
to conduct an examination under the Act as often as the Commissioner deems appropriate.
The Commissioner also is permitted to examine or investigate the business of any person as



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                                                                      senate sub. for Hb 2110 (Cont.)


is necessary or material to the examination of the license. The bill also provides examination
requirements for foreign licensees. Additionally, all persons licensed by the Act will be required
to retain and maintain copies of specified documents for five years.
senate sub. for Hb 2110
       The bill also requires the Commissioner to issue an examination warrant when it is
determined that an examination should be conducted. The Commissioner also could employ
other guidelines and procedures as deemed appropriate. The Commissioner is granted the
power to issue subpoenas, and those individuals failing to comply with examination requirements
will be subject to suspension, revocation or refusal of any license.


        Additionally, the bill creates requirements for examination reports, including the content,
filing and receipt, and, if determined to be appropriate, the regulatory actions the Commissioner
may take. The reports and all materials associated with the course of examination are considered
confidential by law and not subject to the provisions of the Kansas Open Records Act, or of
subpoena, and are not permitted to be used as evidence in any private civil action. The bill also
includes similar confidentiality provisions for documents and other information in the possession
or control of the National Association of Insurance Commissioners (NAIC). The Commissioner
is permitted to share and receive documents or other materials with other state, federal and
international regulatory agencies, with the NAIC and its affiliates, and with law enforcement
authorities provided the recipient agrees to maintain the confidentiality and privileged status of
the document or other communication. The confidentiality provisions of the Act expire on July
1, 2013, unless the Legislature acts to reenact those provisions.


       The bill also contains provisions for conflict of interest of the examiners, retaining actuaries,
fees and procedures for examination, liability, and civil cause of action and libel or other tort.
Finally, the Commissioner is permitted under the bill to investigate suspected fraudulent viatical
settlement acts and persons engaged in the business of viatical settlements. The provisions of
this section are to be part of the Viatical Settlements Act of 2002.


Viatical Settlement Contracts (New Section 2)*

      Submission of documents. The bill reinstates prior law (KSA 2007 Supp. 40-5009) to
require that a viatical settlement provider entering into a viatical settlement is to first obtain:


      ● If the viator is insured, a written statement from a licensed attending physician that the
        viator is of sound mind and under no constraint or undue influence to enter into the
        contract; and


      ● A document in which the insured (policyholder) consents to the release of his or her
        medical records to a viatical settlement provider, viatical settlement broker and the
        insurance company that issued the individual’s life insurance policy.




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                                                                     senate sub. for Hb 2110 (Cont.)



       Other document requirements are contained in the Act and expire July 1, 2013, unless the
Legislature reenacts such provisions. Among the requirements, the viatical settlement provider
(within 20 days after the viator executes documents to transfer any rights under an insurance
policy or within 20 days of entering any agreement to viaticate the policy) will be required to give
written notice to the insurer that issued the policy that the policy has or will become a viaticated
policy. The documents to be submitted with the notice include the medical release for the insured’s
medical records, a copy of the viator’s application for the viatical settlement contract, the written
notice, and a request for verification of coverage to the insurers that issued the life policy that is
the subject of the viatical transaction. The time frame for the response of the insurer is outlined
in the Act.


       Additionally, prior to or at the time of execution of the contract, the viatical settlement
provider is required to obtain a witnessed document in which the viator consents to the contract,
represents that the viator has a full and complete understanding of the viatical settlement contract
and of the benefits of the life insurance policy, acknowledges that the viator is entering into the
contract freely and voluntarily and, for persons with a terminal or chronic illness, acknowledges
that the policyholder has a terminal or chronic illness or condition and that the illness or condition
was diagnosed after the life insurance policy was issued.


      The medical information solicited or obtained by a licensee is subject to the applicable
provisions of state law relating to the confidentiality of medical information. These document
provisions expire July 1, 2013, unless the Legislature reenacts such provisions.


     Right to Rescind. The bill also requires that all viatical settlement contracts entered into
in Kansas provide the viator with an unconditional right to rescind the contract for at least 15
calendar days from the receipt of the viatical settlement proceeds.


      Change of Ownership. The viatical settlement provider will be required to instruct the viator
to send the executed documents necessary to effect the change in ownership, assignment, or
change in beneficiary directly to the independent escrow agent. Upon payment of the settlement
proceeds into the escrow account, the agent is to deliver the forms to the provider or related
provider trust. Upon receipt of a properly completed transfer of ownership or similar arrangement,
the escrow agent is to pay the settlement proceeds to the viator. If the contract is not considered
within the time outlined in law, then the contract could be rendered voidable by the viator.


      The bill also addresses contacts made with the insured for the purpose of determining
the health status of the insured. The contacts will be required to be made only by the viatical
settlement provider or the viatical settlement broker and would be limited to once every three
months for insureds with a life expectancy of more than one year and to no more than once per
month for insureds with a life expectancy of one year or less. The provisions of this section are
to be part of the Viatical Settlements Act of 2002.




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                                                                   senate sub. for Hb 2110 (Cont.)


Fraudulent Viatical Settlement Acts (New Section 3)

     The bill reinstates prior law (KSA 2007 Supp. 40-5007, which expires July 1, 2007), with
some amendments, and also prohibits persons from:


      ● Committing a fraudulent viatical settlement act; knowingly or intentionally interfering
        with the enforcement of this Act or any investigation of suspected or actual violations
        of this Act;


      ● Knowingly or intentionally permitting any person convicted of a felony involving
        dishonesty or breach of trust from participating in the business of viatical settlements;


      ● Issuing, soliciting, marketing or otherwise promoting the purchase of an insurance
        policy for the sole purpose of or with the primary emphasis on settling the policy (the
        terms “sole” and primary emphasis” amend the reinstated language);


      ● Employing any device, scheme or artifice in violation of KSA 40-450 (insurable interest,
        life insurance) in the solicitation, application or issuance of a life insurance policy; and


      ● Receiving any proceeds, fees or other consideration from the policy or owner of the
        policy that are in addition to the amounts required to pay the principal, interest and
        costs or expenses incurred by the lender or borrower related to policy premiums paid
        under the premium financing agreement (new language).


      The viatical settlements are required to contain the following statement (or a substantially
similar statement): “Any person who knowingly presents false information in an application for
insurance or viatical settlement contract is guilty of a crime and may be subject to fines and
confinement in prison.”


       Persons in the viatical settlement business and any other person having any knowledge or
reasonable belief that a fraudulent act is being, will be or has been committed, will be required to
provide such information to the Commissioner. No civil liability could be imposed on, nor a cause
of action arise from, a person’s furnishing of information to the Commissioner; employees of the
Commissioner; federal, state or local law enforcement or regulatory officials; any person involved
in the prevention and detection of fraudulent viatical settlement acts; the NAIC; the National
Association of Securities Dealers; the North American Securities Administrators Association or
their employees or other representatives; and the life insurer that issued the policy covering
the life of the insured. Further provisions address statements made with actual malice and the
awarding of attorney fees and costs in a civil cause of action.


     Under the Act, the Commissioner is allowed to release documents and evidence obtained
in an investigation of suspected or actual fraudulent viatical settlement acts in specified




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                                                                      senate sub. for Hb 2110 (Cont.)


circumstances. These document provisions expire July 1, 2013, unless the Legislature reenacts
the provisions.


      Antifraud initiatives. The bill also specifies that the Act does not preempt the authority or
relieve the duty of other law enforcement or regulatory agencies to investigate, examine and
prosecute suspected violations of law. Viatical settlement providers and brokers will be required
to have antifraud initiatives in place that are reasonably calculated to detect, prosecute, and
prevent fraudulent viatical settlement acts. The Act details the requirements for the initiatives,
which the Commissioner is permitted to order modifications to, including fraud investigators and
an antifraud plan. Antifraud plans submitted to the Commissioner are privileged and confidential
and would not be a public record, nor subject to discovery or subpoena in a civil or criminal
action.


Naming of the Act (Section 4)

      The bill makes the first three sections of the bill part of the Act.


Definitions (Section 5)

       In addition to adding the definition for stranger-originated life insurance described above,
the bill amends certain definitions under the Act.


       “Fraudulent Viatical Settlement Act.” Amendments to the definition for this term add two
activities or acts:


     ● Stranger-originated life insurance, and


     ● Failing to disclose, when requested by an insurer, that the person to be insured has
       undergone a life expectancy evaluation by any party other than the insurer in connection
       with the policy’s issuance.


     “Viatical Settlement Contract.” The bill significantly amends the definition in existing law.
The new definition would include three types of arrangements:


     ● A written agreement between a viator and a viatical settlement provider that includes the
       following provisions:


         ◦   The agreement would establish the terms under which compensation or anything of
             value is being paid or will be paid;




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                                                                   senate sub. for Hb 2110 (Cont.)


         ◦   The amount to be paid would be less than the expected death benefits of the
             policy and more than the cash surrender value at the time of application for such
             a contract; and


         ◦   The viator would be paid in return for the viator’s present or future assignment of
             the death benefit or ownership of any portion of the insurance policy or certificate
             of insurance.


     ● The transfer of compensation or value of ownership into a trust or other entity, if that
       entity was formed or used for the principal purpose of acquiring one or more life
       insurance contracts.


     ● A written agreement for a loan or other lending transaction, secured primarily by
       an individual or group life insurance policy, or a loan made on or before the date of
       issuance to finance the premium of a life insurance policy if there is any agreement as
       of the date of issuance that the viator will later receive a viatical settlement value for or
       sell the policy.


       Exceptions to the definition of “Viatical Settlement Contract.” The bill further includes
exceptions that would apply to both the definition of “stranger-originated life insurance” and
“viatical settlement contract,” so that neither definition includes the following:


     ● A policy loan by a life insurance company pursuant to the terms of the policy or
       accelerated death provisions contained in the policy, whether issued with the original
       policy or as a rider.


     ● Loan proceeds that are used solely to pay either premiums for the policy or any costs
       or expenses incurred by the lender or borrower in connection with the financing.


     ● A premium finance loan or any loan made by a bank or other licensed financial
       institution.


     ● A collateral assignment of a life insurance policy by a viator.


     ● A loan made by a lender that does not violate the Kansas Insurance Premium Finance
       Company Act, unless the premium finance loan meets the criteria described for a loan
       under a viatical settlement contract.


     ● An agreement where all parties are:


         ◦   Closely related to the insured by blood or law; or



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                                                                       senate sub. for Hb 2110 (Cont.)


          ◦   Have a lawful substantial economic interest in the continued life, health and bodily
              safety of the person insured, or are trusts established primarily for the benefit of such
              parties.


          ◦   Any designation, consent or agreement by an insured who is an employee in
              connection with the purchase by the employer, or trust established by the employer,
              of life insurance on the life of the employee.


          ◦   A bona fide business succession planning arrangement.


          ◦   An agreement entered into by a service recipient, or a trust established by the
              service provider who performs significant services for the service recipient’s trade
              or business.


          ◦   Any other contract, transaction, or arrangement exempted from the definition by the
              Commissioner.


      The bill also clarifies that a “viator” does not include a qualified institutional buyer as such
term is defined in rule 144A of the Federal Securities Act of 1933.


Filing of Annual Statement – Requirements for Certain Policies (Section 6)

      The bill creates a new requirement under the Act governing the filing of annual statements
with the Insurance Commissioner. For policies settled within five years of the policy’s date of
issue, the annual statement is required to specify the total number, aggregate face amount and life
settlement proceeds of policies settled during the immediately preceding calendar year, together
with a break down of the information by policy issue year. The information would be limited to
transactions where the insured is a Kansas resident and would not include individual transaction
data that could be used to identify the policy owner or the insured.


Viatical Settlement Applications; Broker Disclosures (Section 7)

      The bill amends the information to be disclosed to the viator to include a viatical settlement
broker that represents exclusively the viator and not the insurer or the viatical settlement provider.
Furthermore, the viatical settlement broker owes a fiduciary duty to the viator including the duty to
act according to the viator’s instructions and in the best interest of the viator.


      Insurance Carrier Inquiry. In addition to other questions an insurance carrier may lawfully
pose to a life insurance applicant, the carrier will be permitted to inquire in the insurance application
whether the proposed owner intends to pay premiums with the assistance of financing from a
lender that will use the policy as collateral. If the loan provides funds which can be used for a
purpose other than paying for the premiums, costs, and expenses associated with obtaining and




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                                                                     senate sub. for Hb 2110 (Cont.)


maintaining the life insurance policy and loan, the application would be rejected as a violation
of the Act.


      If the financing is not in violation of the Act, the insurance carrier is allowed to make certain
disclosures on either the application or any amendment, including:


      ● “If you have entered into a loan agreement where the policy is used as collateral, and
        the policy does change ownership at some point in the future in satisfaction of the loan,
        the following may be true:


          ◦   A change of ownership could lead to a stranger owning an interest in the insured’s
              life.”


      The disclosures also include the effect a change of ownership could have on an individual’s
future life insurance and coverage limitations, the effects of changes in health status, and tax
consequences.


      Among the certifications that could be made by the applicant or the insured would be “I
have not entered into any agreement or arrangement providing for the future sale of this life
insurance policy . . . and the borrower has an insurable interest in the insured.”


Viatical Settlement Contracts; Two-Year Prohibition (Section 8)

        The bill also clarifies the two-year prohibition in existing law for the settling of viatical
settlement contracts to specify that no person at any time prior to, or at the time of, the application
for or issuance of policy, or during a two-year period (begins with the date of issuance) shall enter
into a viatical settlement regardless of the date compensation is to be provided and regardless
of the date of the assignment, transfer, sale, devise, bequest or surrender of the policy is to
occur. Amendments also are made to existing criteria for when the prohibition would not apply
and “the beneficiary of the policy is a family member of the viator and the beneficiary dies” would
be added to this list. The ability for an insurer to contest the validity of any policy is stated in
the provision applying to the independent evidence submitted when an insurer seeks to verify
coverage.


Title Insurance—Unearned Premium Reserves—sub. for Hb 2505

      sub. for Hb 2505 amends a statute governing the unearned premium reserves of title
insurance companies. The bill removes a requirement that a foreign title insurance company
maintain unearned premium reserves in an amount no less than the amount that would be
required of a domestic title insurance company.




Kansas Legislative Research Department           97                      2008 Summary of Legislation
                                                                            sub. for Hb 2505 (Cont.)


      Prior law required foreign title insurance companies (companies not domiciled in Kansas)
transacting business in Kansas to compute their unearned premium reserve as prescribed or
permitted under the laws of the state in which the company is domiciled and to maintain unearned
premium reserves in an amount equal to (or higher than) a domestic title insurance company.
sub. for Hb 2505
Kansas Health Policy authority—studies and Technical amendments—Hb 2672

      Hb 2672 requires the Kansas Health Policy Authority (KHPA) to conduct a study on the
topic of bariatric surgery for the morbidly obese and other insurance issues. The bill identifies
issues associated with the topic: emerging research evidence of the positive health impact (of the
surgery) for the morbidly obese; qualifications of the patients and surgeons when the surgery is
appropriate or necessary; and cost analysis with insurance and Medicaid reimbursement.


       The bill also requires the Kansas Health Policy Authority, in collaboration with the Insurance
Commissioner, to conduct a study on the impact of extending coverage for bariatric surgery in
the State Employee Health Benefit Program, the affordability of coverage in the small business
employer group and the high risk pool, and the possibility of reinsurance or state subsidies for
reinsurance. The Kansas Health Policy Authority is required to submit a report on its findings
to the Joint Committee on Health Policy Oversight on or before November 1, 2008. The report
also must be submitted to the Senate Financial Institutions and Insurance Committee and the
House Insurance and Financial Institutions Committee on or before February 1, 2009. The Joint
Committee may introduce bills based on the study findings. All departments, boards, agencies,
officers and institutions of the state will be required to cooperate with KHPA in carrying out the
duties outlined in the bill.


       The bill also makes technical amendments to replace references to the Health Care Data
Governing Board (HCDGB) with references to the Kansas Health Policy Authority (KHPA) in several
statutes. In addition, the rules and regulations of the HCDGB related to the client assessment,
referral and evaluation (CARE) data entry form are deemed to be rules and regulations of KHPA
until revised, revoked or nullified pursuant to law.
Hb 2672
Market Regulation exams—Hb 2686

      Hb 2686 amends a statute governing the examination of the affairs and financial condition
of insurance companies to give the Insurance Commissioner the discretion to make or direct to be
made a market regulation examination of any insurance company doing business in Kansas.


Property and Casualty actuarial Opinion Letter Law—Hb 2688

      Hb 2688 enacts the Property and Casualty Actuarial Opinion Letter Law, a law requiring
every property and casualty insurance company doing business in the state of Kansas, unless
exempted by the Insurance Commissioner, to annually submit to the Commissioner the opinion of
an appointed actuary entitled “Statement of Actuarial Opinion.” The opinion on reserves and loss
and loss adjustment expense reserves is to be filed in accordance with the appropriate National



 Kansas Legislative Research Department          98                     2008 Summary of Legislation
                                                                                  Hb 2688 (Cont.)


Association of Insurance Commissioners (NAIC) property and casualty annual statement
instructions. The filing requirements for the opinions will become effective on January 1, 2009.


      Additionally, the Insurance Commissioner is authorized under the bill to adopt such
rules and regulations establishing protocols governing the exchange of information as may be
necessary to carry out the provisions of this act. The provisions applying to the Commissioner’s
authority to release documents or use the documents in regulatory actions expire on July 1,
2013, unless reenacted by the Legislature.
Hb 2688
Risk-Based Capital; Property/Casualty Flex-Rating
 Regulatory Improvement act—Hb 2689

      Hb 2689 amends the preparation and filing of certain reports by insurance companies with
the Insurance Department. The bill also enacts the Property/Casualty Flex-Rating Regulatory
Improvement Act.


Risk-Based Capital Instructions

       The bill updates from December 31, 2006, to December 31, 2007, the risk-based capital
(RBC) instructions, including formulas, developed by the National Association of Insurance
Commissioners (NAIC) that insurance companies must use in preparing their financial reports
for the Department.


Property/Casualty Flex-Rating Regulatory Improvement Act

        The bill also enacts the Property/Casualty Flex-Rating Regulatory Improvement Act, an
act pertaining to personal line insurance. Rate filings made by an insurer under this Act that
provide for an overall statewide rate increase of or decrease of no more than 12 percent in the
aggregate for all coverages would be effective upon filing. No more than one rate filing could
be made by an insurer pursuant to the process outlined in the bill, unless the combination of the
filing and all other filings made by the insurer within the previous twelve months does not result
in an overall statewide increase or decrease outside the flex band created under the Act. The
12 percent limitation will not apply on an individual insured basis.


        Filings submitted under the Act shall be deemed to comply with state law unless the
Insurance Commissioner determines the filing is inadequate or unfairly discriminatory. If the
filing is determined as such, the Commissioner is required to issue a written order specifying
in detail what provisions of the Insurance Code were violated and the reasons the filing was
deemed inadequate or unfairly discriminatory. The bill also requires the disclosure of a rate
change or notice of renewal to the insured.




Kansas Legislative Research Department         99                    2008 Summary of Legislation
                                                                                     Hb 2689 (Cont.)


      Additionally, if the Commissioner issues an order more than 30 days after the rate filing was
received, the effect of the order could be prospective only and not affect any contract issued or
made before the effective date of the order.
Hb 2689
      The bill establishes definitions for terms used in the Act, including “personal insurance” and
“unfairly discriminatory.” The term “personal insurance” is ascribed its meaning in KSA 40-5103(l)
and means private passenger automobile, homeowners, motorcycle, mobile homeowners and
non-commercial dwelling fire insurance policies and boat, personal watercraft, snowmobile and
recreational vehicle policies. The term “unfairly discriminatory” has its meaning ascribed to it in
KSA 40-953 and will include “a rate for a risk that is classified in whole or in part on the basis of
race, color, creed or national origin.”
Hb 2689
                                            JUDICIaRY


Child Custody and Military Deployment—House sub. for sb 32

     House sub. for sb 32 changes current law regarding divorce, child custody, and parenting
time when a parent receives military deployment, mobilization, temporary duty orders, or
unaccompanied tour. The bill requires permanent parenting plans include provisions for custody
and parenting time upon deployment, mobilization, temporary duty, or unaccompanied tour. It is
presumed that such an agreement is in the best interest of the child.
House sub. for sb 32
     The bill defines relevant terms, authorizes the court to delegate a deploying parent’s
parenting time if it is in the best interests of the child, and outlines the court’s protocol in these
cases.


      The bill became effective upon publication in the Kansas Register.
House sub. for sb 32
Defacing a firearm—sb 46

     sb 46 allows persons who were in compliance with the National Firearms Act (26 USC
5801 et seq.) to possess silencers for firearms, shotguns with barrels less than 18 inches long,
and automatic weapons.


     The bill allows a licensed dealer, manufacturer, or importer to deal in these types of firearms
as well as any person to possess such firearms under federal restrictions.


      The bill amends current law to increase the penalty for the crime of defacing identification
marks of a firearm from a class B nonperson misdemeanor to a severity level 10, nonperson
felony.
sb 46




 Kansas Legislative Research Department         100                      2008 Summary of Legislation
Notice for failure to appear—sb 366

      sb 366 amends current law to authorize the district or municipal court to charge an
additional fee of $5 for mailing written notice that failure to appear in district court or municipal
court or pay all fines, court costs, and any penalties within 30 days of the notice will result in the
Division of Vehicles being notified to suspend the person’s driver’s license.


      The bill requires the notice to appear, when a person is charged with a traffic infraction, to
contain a provision that the person’s failure either to pay the fine and court costs or appear at
the specified time may result in suspension of the person’s driver’s license.
sb 366
Indemnification Agreements—House sub. for sb 379

      House sub. for sb 379 amends the law on an indemnification provision in construction
contracts, motor carrier transportation contracts, dealer agreements, or franchise agreements.
The bill:
House sub. for sb 379
    ● Defines promisee, motor carrier transportation contract, mutual indemnity obligation,
       unilateral indemnity obligation, dealership agreement, and franchise agreement;


      ● Provides the definitions of mutual indemnity obligation and unilateral indemnity obligation
        would not specifically pertain to oil, gas, or water wells but would relate to a contract.
        With regard to a unilateral indemnity obligation, the indemnity obligation would be at
        the promisee’s expense and would be a separate liability insurance policy;


      ● Clarifies the definition of construction contract;


      ● Expands the contracts to include motor carrier transportation contracts, as well as
        dealer agreements or franchise agreements;


      ● Prohibits a provision in a construction contract, motor carrier transportation contract,
        or other agreement that requires the first party to secure against damages or losses
        caused by the second party’s intentional acts or omissions. Such provision is against
        public policy and would be void and unenforceable; and


      ● Prohibits a provision in a covered contract that would require a party to provide liability
        coverage to another party, as an additional insured, for the other party’s negligence,
        intentional acts, or omissions. Such provision is against public policy and would be
        void and unenforceable.


      The bill expands the situations that are not affected to include:




Kansas Legislative Research Department         101                      2008 Summary of Legislation
                                                                       House sub. for sb 379 (Cont.)


      ● Agreements to indemnify contractors with respect to strict liability under environmental
        laws;


      ● Indemnification agreements that are an integral part of an offer to compromise or settle
        certain disputed claims;


      ● Validity of any insurance contract, construction bond, or other agreement lawfully issued
        by an insurer or bonding company;


      ● Separately negotiated provisions whereby the parties mutually agree to a reasonable
        allocation of risk, if each such provision is based on generally accepted industry loss
        experience and supported by adequate consideration; and


      ● An agreement that provides for indemnity if the parties agree in writing that the
        indemnity obligation will be supported by liability insurance coverage to be furnished by
        the promisor, subject to the limitation of insurance coverage or self-insurance coverage
        for mutual indemnity obligation and subject to the limitation of insurance coverage in
        unilateral indemnity obligation.


       The bill expressly states that the laws of Kansas will govern every contract to be performed
in the state. Any litigation, arbitration or other dispute resolution arising from such contracts would
be conducted in the state and any contract provision, covenant or clause that conflicts with these
provisions would be void and unenforceable.


      The provisions of the bill are effective on and after January 1, 2009.
House sub. for sb 379
sentencing and Parole—sb 411

       sb 411 amends existing law by adding three factors to the list of factors considered by the
Kansas Parole Board when making determinations regarding parole suitability. The three new
factors are risk factors revealed by any risk assessment of the inmate, recommendations by the
staff of the facility where the inmate is incarcerated, and proportionality of the time the inmate has
served to the sentence a person would receive under the Kansas Sentencing Guidelines for the
conduct that resulted in the inmate’s incarceration.


      Additionally, the bill extends the sentencing pilot program, regarding the use of the LSI-R
assessment tool, in Johnson County for two years, to July 1, 2010. Prior law provided for an
expiration of the program on July 1, 2008.
sb 411




 Kansas Legislative Research Department          102                     2008 Summary of Legislation
Trust Beneficiaries—sb 412

       sb 412 amends the statute that establishes eligibility criteria for medical assistance for
trust beneficiaries. The bill clarifies that resources from a trust executed on or after July 1, 2004,
would be considered an available resource in determining eligibility of a trust beneficiary for
medical assistance, unless:


      ● The trust clearly states an intent, at the time it was created or amended, that the trust
        is supplemental to public assistance; and


      ● The trust:


          ◦   Is funded from resources of a person who owed no duty of support; or


          ◦   Is funded not more than nominally from resources of a person who owes a duty of
              support.


     Additionally, the bill defines the term “public assistance” to include, but not be limited to,
Medicaid, medical assistance, or Title XIX of the Social Security Act.
sb 412

stalking—House sub. for sb 414

      House sub. for sb 414 amends the definition of the crime of stalking to include the
following actions:
House sub. for sb 414
    ● Intentionally or recklessly engaging in a course of conduct targeted at a specific person
       which would cause a reasonable person in the circumstances of the targeted person
       to fear for such person’s safety, or the safety of a member of such person’s immediate
       family, and the targeted person is actually placed in such fear;


      ● Intentionally engaging in a course of conduct targeted at a specific person which the
        individual knows will place the targeted person in fear for such person’s safety or the
        safety of a member of such person’s immediate family; or


      ● After being served with, or otherwise provided notice of, any protective order that
        prohibits contact with a targeted person, intentionally or recklessly engaging in at least
        one act that violates the provisions of the order and would cause a reasonable person
        to fear for safety, or the safety of a member of the person’s immediate family, and the
        targeted person is actually placed in such fear.




Kansas Legislative Research Department         103                      2008 Summary of Legislation
                                                                     House sub. for sb 414 (Cont.)


      The severity levels for stalking are increased as follows:


     ● Upon a first conviction, stalking as described in the first part above is a class A person
       misdemeanor. Upon a second or subsequent conviction, stalking as described in the
       first part is a severity level 7, person felony;


     ● Upon a first conviction, stalking as described in the second part is a class A person
       misdemeanor. Upon a second or subsequent conviction, stalking as described in the
       second part is a severity level 5, person felony; and


     ● Upon a first conviction, stalking as described in the third part is a severity level 9, person
       felony. Upon a second or subsequent conviction, stalking as described in the third part
       is a severity level 5, person felony.


     A person served with a protective order or a person who engaged in stalking after having
been advised against the stalking activities by uniformed law enforcement officers is presumed to
have acted intentionally.


      The bill defines “course of conduct” to mean two or more acts over a period of time, however
short, which evidence a continuity of purpose.


     A course of conduct does not include constitutionally protected activity nor conduct that was
necessary to accomplish a legitimate purpose independent of making contact with the targeted
person. A course of conduct does include, but is not limited to, any of the following acts or a
combination thereof:


     ● Threatening the safety of the targeted person or a member of such person’s immediate
       family;


     ● Following, approaching or confronting the targeted person or a member of such person’s
       immediate family;


     ● Appearing in close proximity to, or entering, the targeted person’s residence, place of
       employment, school or other place where such person can be found, or the residence,
       place of employment or school of a member of such person’s immediate family;


     ● Causing damage to the targeted person’s residence or property or that of a member of
       such person’s immediate family;


     ● Placing an object on the targeted person’s property or the property of a member of such
       person’s immediate family, either directly or through a third person;



 Kansas Legislative Research Department        104                      2008 Summary of Legislation
                                                                   House sub. for sb 414 (Cont.)


     ● Causing injury to the targeted person’s pet or a pet belonging to a member of such
       person’s immediate family; and


     ● Any act of communication.


      No protective order is construed to prohibit an attorney, or person acting on behalf of an
attorney, who is representing the defendant in a civil or criminal proceeding from contacting the
protected party for a legitimate purpose within the scope of a civil or criminal proceeding.
House sub. for sb 414
    Further, the bill does the following:


     ● Inserts the provision that, in a criminal proceeding, a person who claims an exemption,
       exception, or exclusion would have the burden of going forward with the asserted
       claim;


     ● Adds the provision that present incarceration of a person who violates stalking elements
       is not a bar to prosecution;


     ● Requires all law enforcement agencies and prosecutors to adopt written policies
       regarding the protocol to be used when investigating or prosecuting an allegation of
       stalking;


     ● Authorizes, but not requires, a law enforcement training course on the procedures to
       follow when responding to an allegation of stalking; and


     ● Authorizes, but not requires, continuing education or training on procedures to follow
       when responding to an allegation of stalking.
House sub. for sb 414
Journal entry in Criminal Proceedings—sb 419

     sb 419 amends existing law regarding journal entries of judgment in criminal proceedings.
The bill requires a sentencing court to journalize:


     ● That the defendant has stated on the record or in writing that the defendant did not
       want counsel, if he or she refused counsel;


     ● Information required by a judgement form, if the defendant is sentenced to prison;
       and




Kansas Legislative Research Department       105                     2008 Summary of Legislation
                                                                                       sb 419 (Cont.)


      ● The case transaction number for felony convictions and for probation revocations
        involving crimes committed on or after July 1, 1993.


       The bill strikes the requirement in prior law to identify the name and residence of the judge
presiding at the preliminary hearing, the judge presiding at the trial, and any witness sworn to
testify at the trial. The bill also strikes the requirement that, if the sentence is increased because
the defendant had previously been convicted of one or more felonies, the journal entry is required
to include a statement of prior convictions.
sb 419
foreign Judgment—sb 423

      sb 423 amends existing law on notice of filing of a foreign judgment. The bill requires the
judgment creditor or the judgment creditor’s lawyer to mail a notice of filing of the foreign judgment
to the judgment debtor. The same notice may be filed with the Clerk of the District Court along
with a proof of mailing.
sb 423
Distribution of Certain Oil and Gas Lease Monies—sb 424

      sb 424 amends existing law regarding payments made after the sale of an oil or gas lease
where an owner cannot be found. The bill requires future production proceeds, or benefits paid
under the oil and gas lease, be retained by the oil and gas purchasing company. The oil and gas
purchasing company is required to hold the funds until ordered by the Court to distribute the funds
or required to be distributed under the Uniform Unclaimed Property Act.
sb 424
aggravated Criminal Threat—sb 430

      sb 430 makes the crime of aggravated criminal threat a severity level 5, person felony,
regardless of economic loss.


      The bill became effective upon publication in the Kansas Register.
sb 430
Probate—sb 431

       sb 431 amends the probate code to increase the allowances for spouses and minor
children from $35,000 to $50,000 when a resident of the state dies. The bill also increases the
threshold from $20,000 to $40,000 to transfer small estates of personal property to successors
by affidavit.
sb 431
Uniform Transfer on Death security Registration act—sb 432

      sb 432 amends the Uniform Transfer on Death Security Registration Act (UTODSRA) to
include “a security account” in the definition of “security.”
sb 432


 Kansas Legislative Research Department         106                      2008 Summary of Legislation
Uniform Prudent Management of Institutional funds act—sb 433

     sb 433 enacts the Uniform Prudent Management of Institutional Funds Act (UPMIFA).
UPMIFA provides statutory guidelines for management, investment, and expenditure of
endowment funds held by charitable institutions.
sb 433
Discovery—sb 434

      sb 434 amends the Code of Civil Procedure to include the disclosure and discovery of
electronically stored information for use in district court proceedings. The bill:
sb 434
     ● Adds two new provisions to authorize a court to take appropriate action in pretrial
       conferences on disclosure and discovery of electronically stored information, and
       claims of privilege or protection as work product;


     ● Adds a provision to limit discovery for electronically stored information not reasonably
       accessible due to undue burden or cost;


     ● Adds a provision to require a receiving party to return privileged materials, or file
       privileged materials under seal, after being notified of an inadvertent disclosure;


     ● Adds a provision to allow a party to respond to an interrogatory by producing
       electronically stored information;


     ● Adds a provision to clarify that electronically stored information is distinct from
       “documents” and “things”;


     ● Adds a new provision to create a safe harbor from sanctions relating to routine
       destruction of electronically stored information; and


     ● Adds a provision to conform the subpoena statute with the new provisions relating to
       electronically stored information.
sb 434
Revised Kansas Code for Care of Children and
 Revised Kansas Juvenile Justice Code—sb 435

       sb 435 amends the Revised Kansas Code for Care of Children, the Revised Kansas
Juvenile Justice Code, and the law that requires the Kansas Sentencing Commission (KSC)
to annually produce the Juvenile Correctional Facility population projections. The bill cures a
conflict in the definitions section of the Revised Kansas Juvenile Justice Code. The bill also:
sb 435



Kansas Legislative Research Department      107                    2008 Summary of Legislation
                                                                                   sb 435 (Cont.)


    ● Clarifies that a custodian may give consent for medical treatment when a child’s parents
      refuse to give consent, or are not available to give consent, and surgical or medical care
      is determined by a physician to be necessary for the welfare of the child;


    ● Authorizes service of process upon a confined parent to be made to the confined parent,
      in care of the person in charge of the institution in which the parent is confined or that
      person’s designee;


    ● Clarifies that in evidentiary hearings for termination of parental rights, the case may
      proceed with a proffer of evidence from a party who is not present for the hearing,
      unless that party is represented by counsel and has instructed the counsel to object to
      the proceeding;


    ● Clarifies that persons entitled to notice of hearing in a Child in Need of Care proceeding
      have the right to be heard;


    ● Clarifies the law so that a court may not enter an order approving the removal of a child
      from the home of a parent unless the Court makes certain findings;


    ● Clarifies the start time for scheduling permanency hearings;


    ● Clarifies that relinquishment from an incarcerated parent or a parent living out of state
      may be accomplished in writing so long as it is acknowledged by either a judge or an
      officer authorized to take acknowledgements (notary);


    ● Adds a definition of “infectious disease” that broadens permitted testing to all infectious
      disease rather than limiting it to HIV and Hepatitis B;


    ● Clarifies that the definition of Commissioner of Juvenile Justice also applies to the
      Commissioner’s designee;


    ● Adds language to the statute on permanent custodianship that would require the consent
      of the parent to be in writing and acknowledged before a judge or officer authorized by law
      to take acknowledgments. If the acknowledgment is before the judge, the judge would
      be required to advise the consenting parent of the consequences of the consenting to
      the permanent custodianship;


    ● Adds language to authorize a court to consider the result of action or inaction attributable
      to the parent when determining the unfitness of a parent in order to terminate the parental
      rights of the parent; and




Kansas Legislative Research Department       108                     2008 Summary of Legislation
                                                                                   sb 435 (Cont.)


     ● Requires the KSC to annually produce the Juvenile Correctional Facility population
       projections, subject to appropriations.


sb 435
Cooperative associations—sb 448

     sb 448 creates new law to apply the Kansas General Corporation Code to cooperative
associations such as cooperative societies, electric cooperatives and renewable energy electric
cooperatives.
sb 448
Uniform Commercial Code—sb 449

       sb 449 amends the Uniform Commercial Code (UCC) to eliminate from statute the forms
for financing statements. The bill also authorizes the Kansas Secretary of State to prescribe the
forms to be used when filing a financing statement pursuant to the UCC.


     In addition, the bill provides that all rules and regulations of the Secretary, in existence
on June 30, 2007, would continue to be effective and deemed to be duly adopted until revised,
amended, revoked, or nullified.
sb 449
Cemetery Corporations’ Use of funds—sb 450

      sb 450 removes the authority of a cemetery corporation to use its permanent maintenance
fund to build a mausoleum.
sb 450
Notice of security Interest—sb 467

      sb 467 amends current law to allow a lender 30 days, rather than 10 days, after the sale
or delivery of a manufactured home to the owner, to file a notice of security interest with the
Department of Revenue, Division of Vehicles.
sb 467
Offender Registration act—sb 477

      sb 477 amends current law to add electronic solicitation to the list of sexually violent
crimes requiring registration pursuant to the Kansas Offender Registration Act. Only those
offenders convicted of electronic solicitation on or after the effective date of the bill would be
required to register.


      The bill became effective upon publication in the Kansas Register.
sb 477




Kansas Legislative Research Department        109                    2008 Summary of Legislation
Hallucinogenic Drugs—sb 481

     sb 481 amends existing law to add the hallucinogenic drugs salvia divinorum (salvinorum A)
and datura stramonium (gypsum weed or jimsom weed) to the schedule I of the Kansas Controlled
Substances Act. The bill makes it illegal to possess, use, or sell these drugs.


      The bill became effective upon publication in the Kansas Register.
sb 481
Victim assistance fund–sb 524

      sb 524 amends state law to change the deposit of fees collected for various inmate
services from the Crime Victims Compensation Fund in the Attorney General’s Office to the Victim
Assistance Fund, a newly created fund in the Department of Corrections. The change in the
deposit account would take place only during FY 2009 and then the deposit account will again be
the Crime Victims Compensation Fund.
sb 524
Offender Residency Restriction—sb 536

       sb 536 amends state law on the prohibition from adopting or enforcing offender residency
restrictions. The bill:


      ● Eliminates the sunset provision;


      ● Adds a provision to exempt any city or county residential licensing or zoning program
        for correctional placement residences that regulates housing for such offenders from the
        prohibition from adopting or enforcing offender residency restrictions;


      ● Defines “correctional placement residence” to mean a facility that provides residential
        services for offenders who reside or have been placed in the facility as part of a criminal
        sentence or for voluntary treatment services for alcohol or drug abuse; and


      ● Clarifies that a correctional placement residence does not include a single or multifamily
        dwelling or commercial residential building that provides residence to persons other
        than those placed in the facility as part of a criminal sentence or for voluntary treatment
        services for alcohol or drug abuse.
sb 536
Divorce Decrees—sb 545

     sb 545 amends existing law concerning child health insurance coverage in divorce decrees.
Specifically, if the divorce decree includes a provision for child health insurance coverage, the bill
authorizes the court to order each parent to provide all information and releases necessary so




 Kansas Legislative Research Department         110                      2008 Summary of Legislation
                                                                                     sb 545 (Cont.)


that both parents can communicate with the health insurance provider, no matter which parent
provides the insurance coverage. Provisions of the bill also apply to temporary orders.


      The bill became effective upon publication in the Kansas Register.
sb 545
Offender Registry search—sb 565

       sb 565 authorizes the State Fair Board to conduct a background check on seasonal
employment candidates that may be hired to assist with the State Fair. The background check
is limited to a Kansas registered offender search on the Kansas Bureau of Investigation (KBI)
website. The bill also provides the State Fair Board and its employees immunity from civil suit
for damages by any person who is refused or discharged from employment pursuant to the
offender registry search.


      The bill became effective upon publication of the Kansas Register.
sb 565
adoptions—Hb 2186

       Hb 2186 amends the law regarding adoptions to ensure that persons who advertise to
adopt, find an adoptive home for a child or otherwise place a child for adoption are subject to
regulation. A person advertising to assist in an adoption process shall state in the advertisement
whether or not such person is licensed in any profession and, if licensed, under what authority
the license is issued and in what profession. This requirement shall not apply to the Department
of Social and Rehabilitation Services or to an individual seeking to adopt a child.


     In addition, the bill makes violation of these requirements to be punishable as an unclassified
misdemeanor with a fine of up to $1,000 for each violation.


Hb 2186
Medical and Professional screening Panels—Hb 2188

      Hb 2188 relates to medical and professional malpractice screening panels. The bill allows
each defendant in a petition or claim to request a separate screening panel and eliminates the
requirement that members of a screening panel be appointed within ten days after the receipt
of notice that a panel has been convened. The bill allows the plaintiff or claimant and the
defendant or respondent to select a person licensed in the same profession as the defendant
or respondent within 20 days of receipt of notice of the convening of the screening panel. The
parties jointly are to designate a person licensed in the same profession as the defendant or
respondent within ten days after the individual designations have been made. The time period
in which a screening panel must make a written recommendation is increased from 90 to 180
days. The bill also increases the compensation for a professional licensee screening panel
member from $250 to $500 and increases the chairperson’s compensation from $500 to $750.
The compensation is for all work performed regardless of the time involved.
Hb 2188

Kansas Legislative Research Department         111                     2008 Summary of Legislation
Concealed Weapon—Hb 2359

     Hb 2359 requires an individual to disclose any arrest, conviction, or diversion that had been
expunged on an application for a license to carry a concealed weapon.


      Under the bill, if the applicant had arrests, convictions, or diversions expunged, and the
applicant has been eligible for expungement for five years or more immediately preceding the
date the application for licensure is submitted, then the applicant would not be disqualified from
being issued a license to carry a concealed weapon. In addition, a license would be issued if
the applicant has been convicted or placed on diversion for a felony and the felony has been
expunged or is expungeable and the applicant has not been convicted of a felony that is not
subject to expungement or adjudicated as a juvenile for an act that would be a felony, if committed
by an adult.
Hb 2359
Implied Consent—Hb 2617

      Hb 2617 amends the implied consent law, the law regarding forensic examinations and
testing, information, immunity, and costs.


Implied Consent

      The bill requires a law enforcement officer to request a person to submit to a test for alcohol
or drugs, or both, when the law enforcement officer has probable cause to believe:


     ● The person was operating or attempting to operate a vehicle while under the influence
       of alcohol or drugs; or


     ● The person was driving a commercial motor vehicle while having alcohol or other drugs
       in such person’s system; or


     ● The person was under the age of 21 years while having alcohol or other drugs in such
       person’s system; and


          ◦   The person was operating or attempting to operate the vehicle under the influence of
              alcohol or drugs, or both, and was involved in a vehicle accident or collision resulting
              in serious injury or death and such person could be cited for any traffic offense;
              however,


              — The test is not required if the law enforcement officer has reasonable grounds to
                believe the actions of the operator did not contribute to the accident or collision.




 Kansas Legislative Research Department          112                     2008 Summary of Legislation
                                                                                    Hb 2617 (Cont.)


     The bill provides that the issuance of a traffic citation constitutes probable cause for a
request for testing.


      The bill authorizes a law enforcement officer to direct a medical professional, including
a licensed physician’s assistant, to draw a blood sample if the person has given consent; or if
medically unable to consent or refuses to consent, when the person was operating or attempting
to operate the vehicle while under the influence of alcohol or drugs, or both, and was involved in
a vehicle accident or collision resulting in the immediate or likely death of any person and such
person operating or attempting to operate the vehicle could be cited for any traffic offense. The
blood draw must be authorized by medical protocol.
Hb 2617
        When directed by a law enforcement officer, the medical professional is required to withdraw
the sample as soon as practical as long as the collection of the sample does not jeopardize the
person’s medical health assessment, care or treatment. The sample is independent of the
sample collected for medical purposes. Further, the medical professional and the medical care
facility where the blood is drawn are acting on good faith that the prerequisites have been met
by the law enforcement officer when the officer directs the blood draw. The blood draw must be
authorized by medical protocol.


      If a person needs to be restrained to collect the sample, law enforcement is responsible
for applying any such restraint.


       A law enforcement officer is authorized to request a urine test if the law enforcement
officer has reasonable grounds to believe:


      ● The person was operating or attempting to operate a vehicle while under the influence
        of alcohol or drugs; or


      ● The person was driving a commercial motor vehicle while having alcohol or other drugs
        in such person’s system; or


      ● The person was under the age of 21 years while having alcohol or other drugs in such
        person’s system.


       A law enforcement officer is required to request a urine test if the person was operating
or attempting to operate the vehicle under the influence of alcohol or drugs, or both, and was
involved in a vehicle accident or collision resulting in serious injury or death of any person and
such person operating or attempting to operate the vehicle could be cited for any traffic offense
unless the law enforcement officer has reasonable grounds to believe the actions of the operator
did not contribute to the accident or collision. If the person is medically unable to provide a urine
sample, the law enforcement officer is authorized to direct a medical professional to draw the
urine sample from the person as soon as practical as long as the collection of the sample does
not jeopardize the person’s medical health assessment, care or treatment.



Kansas Legislative Research Department         113                     2008 Summary of Legislation
                                                                                      Hb 2617 (Cont.)


     Serious injury is defined as a physical injury to a person, as determined by law enforcement,
which has the effect of, prior to the request for testing:


      ● Disabling a person from the physical capacity to remove themselves from the scene;


      ● Rendering a person unconscious;


      ● Suffering the immediate loss or absence of the normal use of at least one limb;


      ● Requiring surgery, as determined by a physician; and


      ● Indicating the person may die or be permanently disabled.


      After the testing pursuant to the implied consent statute, the person may request additional
testing from medical care facilities willing to conduct such testing.


Information

       Information such as the results of such testing, the person’s name, the location of the test or
procedure, names of all health care providers and personnel who participated in the procedure or
test, or date and time of the test or procedure is not to be considered any type of protected health
information. Such information is required to be provided to the requesting law enforcement officer
or designee. Additionally, the collection and delivery of the sample and required information to the
law enforcement officer are not subject to physician-patient privilege or any other law prohibiting
the transfer, release or disclosure of the sample or required information.


Costs

      Costs assessed under the bill are to be charged to and paid by the county where the alleged
offense was committed. The court is authorized to charge the defendant, as court costs, the costs
assessed pursuant to the bill.


Immunity

       Immunity is provided to medical facilities and institutions and medical personnel who
participate in good faith in the obtaining, withdrawal, collection, or testing of blood, breath, urine,
or other bodily substance at the direction of a law enforcement officer, regardless of whether or
not the patient resisted or objected to the administration of the procedure or test.


      Other amendments are technical and clarifying in nature.




 Kansas Legislative Research Department          114                     2008 Summary of Legislation
                                                                                    Hb 2617 (Cont.)


Hb 2617
Commission on Judicial Performance—Hb 2642

      Hb 2642 amends the law regarding the Commission on Judicial Performance to grant
immunity in any civil action to the Kansas Supreme Court, the Commission on Judicial
Performance, the Judicial Council, and the staff of these entities for any act, error or omission
within the scope of their official duties.


       The bill also expands the term “judge,” regarding those judges who can be members of
the Commission on Judicial Performance, to include a retired judge under a written agreement
with the Kansas Supreme Court.


      Confidentiality provisions allow the Commission or agents of the Commission to have
access to names, addresses, and other necessary information of appropriate persons in the
discharge of the Commission duties. No confidential information in court can be revealed to any
other person by the Commission or agents of the Commission.


     Another provision exempts the Commission from the application of the campaign finance
law when the Commission is performing its statutory duties.


      Additionally, the bill requires surveys to be taken of persons the Commission determines
appropriate who have had sufficient experience with a judge or justice to form an opinion about
the performance of the judge or justice, such as attorneys, litigants, jurors, witnesses, court staff
and others.


     Further, the bill delays the appointment of a fourteenth Court of Appeals Judge until
January 1, 2010.


      Agents under contract with the Commission are indemnified and held harmless in any
cause of action arising out of the agent’s use of information provided by the State within the
scope of their contractual duties. An agent is not to be indemnified or held harmless for an
agent’s intentional or negligent acts.
Hb 2642
Conflict Resolution—Service of Process for Garnishment—Hb 2643

       Hb 2643 clarifies that a garnishee must serve an answer within ten days after service of
an Order of Garnishment, unless service is obtained by serving the Commissioner of Insurance;
in that case, the garnishee would have 40 days to answer or otherwise respond.
Hb 2643




Kansas Legislative Research Department         115                      2008 Summary of Legislation
Guardian and Conservator act—Hb 2644

       Hb 2644 amends state law regarding the Guardian and Conservator Act by requiring that
a petition for a guardian or conservator contain additional information including the age, date of
birth, gender, place of employment, relationship to the petitioner and any personal or agency
interest of the proposed conservator that may be perceived as self-serving or adverse to the
position or best interest of the proposed conservatee. Such disclosure also requires details of
any financial agency or other transactions between the guardian or conservator and the ward or
conservatee.
Hb 2644
       Additional factors for a court to consider in appointing a guardian or conservator includes
the following:


     ● Whether the proposed guardian or conservator is an employee of an agency, partnership
       or corporation which provides care or other services to persons with a disability similar in
       nature to the conditions which contribute to the impairment of the ward or conservatee,
       then that person may be appointed as the guardian or conservator only when the person
       or employee:


         ◦   Is the spouse, parent, grandparent, child, grandchild, sibling, niece, nephew, aunt,
             or uncle of the ward or conservatee and the court is satisfied that the person or
             employee is aware of issues of conflict of interest and, for persons appointed on or
             after January 1, 2009, has completed the basic instructional program required by
             the bill;


         ◦   Does not personally provide or supervise the providing of care or other services to
             the ward or conservatee and the person or employee is not in a position to be called
             upon to advocate for the agency, partnership, or corporation in opposition to the
             interests of the ward or conservator; or


         ◦   Is the only person readily available to be appointed and the court is satisfied that the
             person or employee is aware of issues of conflict of interest; and


     ● A guardian or conservator is able to collect a reasonable fee, as approved by the court.
       A guardian or conservator also may receive a stipend.


     ● Every individual appointed as a guardian or conservator after January 1, 2009, is required
       to complete a basic instructional program concerning the duties and responsibilities of a
       guardian or conservator and provide evidence of such to the court.




 Kansas Legislative Research Department         116                     2008 Summary of Legislation
                                                                                Hb 2644 (Cont.)


     ● A guardian or conservator is required to file a special report to the court upon a change
       in the circumstances of the guardian, conservator, ward or conservatee that might
       constitute a conflict of interest.
Hb 2644
Cemeteries and Cemetery Corporations—Hb 2656

      Hb 2656 allows a not-for-profit cemetery corporation, established before 1909, to sell
excess land that has not been platted into burial plots and will not be needed for cemetery
purposes. The approval of the district court of the county where the cemetery is located or any
court which has assumed jurisdiction and the Attorney General is required to approve the sale of
any excess real estate. The proceeds of such a sale may be used only for maintenance, reserve
requirements, and obligations to beneficiaries of a trust deed.
Hb 2656
Removal of Dead bodies—Organ Procurement—Hb 2700

       Hb 2700, dealing with the removal of dead bodies, allows the body to be taken to a
federally certified organ procurement organization serving Kansas in addition to the formerly
listed facilities. The release of a body to be transported to an organ procurement organization
can be released by those listed below, in the following priority order:


     ● An agent of the decedent who can make an anatomical gift immediately before the
       decedent’s death;


     ● The spouse of the decedent;


     ● Adult children of the decedent;


     ● Parents of the decedent;


     ● Adult siblings of the decedent;


     ● Adult grandchildren of the decedent;


     ● Grandparents of the decedent;


     ● Guardians of the decedent;


     ● An adult who exhibited special care and concern for the decedent and who was familiar
       with the decedent’s personal values; and




Kansas Legislative Research Department       117                    2008 Summary of Legislation
                                                                                  Hb 2700 (Cont.)


     ● Any other person with the authority to dispose of the decedent’s body.


      When there is more than one member of the listed categories, except for the last one, and
there is a known objection by another member, the gift can be made only by a majority of the
members of the category. A person cannot make an anatomical gift if, at the time of the decedent’s
death, a person in a prior category is available to make or object to the making of an anatomical
gift.
Hb 2700
Theft of Property; Sentencing and Treatment Regarding Substance Abuse—Hb
2707

      Hb 2707 expands the prior law regarding theft of property to include a leased, rented or
loaner motor vehicle that is not been returned after notice has been given to the person who
leased, rented or was loaned the vehicle. A three-day limit begins upon receipt or refusal of the
demand letter for return of the vehicle. The lessor is allowed to notify the local law enforcement
agency which is able to enter any such motor vehicle into any appropriate state and local computer
system listing stolen motor vehicles.


      The penalty for a first or second conviction under the above provisions would be a class
A nonperson misdemeanor. Upon a first conviction, the person is sentenced to not less than 30
days and up to a year’s imprisonment and a fine of $100. A second conviction carries a sentence
of not less than 60 days nor more than a year’s imprisonment and a fine of $200. A third or
subsequent conviction is a level 9, nonperson felony which is presumptive imprisonment.


      Additional provisions of the bill do the following:


     ● Authorizes the court to place the offender who is sentenced to prison pursuant to the
       rule on a third or subsequent felony theft, burglary or drug violation convictions, or
       any combination of the three, in a state or any substance abuse treatment program
       established by the Kansas Department of Corrections (KDOC), for at least four months,
       to participate in an intensive substance abuse treatment program, if the offender’s
       underlying sentence is more than four months long and the court has made the finding
       that substance abuse is the underlying factor in the commission of the crime, the state
       substance abuse facility is likely to be more effective than prison in reducing the risk
       of offender recidivism, and such a sentence serves the community safety interests
       and promotes offender reformation. An alternative option is a non-prison sentence
       for a defendant who meets the prior mentioned requirements to participate in certain
       community-based drug treatment programs. Further, an offender sentenced to intensive
       substance abuse treatment can not be transferred to the Reception and Diagnostic
       Center;


     ● Adds a provision that creates a rule in sentencing to make a fourth or subsequent
       conviction for felony theft a presumptive prison sentence;




 Kansas Legislative Research Department          118                  2008 Summary of Legislation
                                                                                   Hb 2707 (Cont.)


     ● Provides that inmates designated to participate in intensive substance abuse treatment
       have a presumption of minimum security status;
Hb 2707
    ● Provides that offenders with a life sentence or an indeterminate sentence for an offense
        committed prior to July 1, 1993, who subsequently commit and are convicted of a crime
        after July 1, 1993, remain on post incarceration supervision, which includes parole and
        post release supervision, for life, or the longest term of post incarceration supervision
        imposed for all crimes upon which sentence was imposed, or until discharged from
        supervision by the Kansas Parole Board;


     ● Authorizes a court to retain jurisdiction to modify an offender’s sentence to a less severe
       penalty after the successful completion of the intensive substance abuse treatment
       program. If the offender’s term of imprisonment expires, the offender is placed on the
       applicable post-incarceration supervision;


     ● Provides that no downward dispositional departure can be imposed for any crime of
       extreme sexual violence. A downward durational departure can be allowed only for
       any crime of extreme sexual violence to less than 50 percent of the center of the grid
       range of the sentence for such crime;


     ● Requires that a sentencing judge can not consider social factors as mitigating factors
       in determining whether substantial and compelling reasons exist for a downward
       departure;


     ● Provides an offender who violates a condition of release could be arrested upon a
       verbal statement of a court officer;


     ● Establishes the Substance Abuse Policy Board;


     ● Extends the sunset provision for the Sex Offender Policy Board to June 30, 2011;


     ● Makes technical amendments; and


     ● Adds conflict resolution measures.
Hb 2707
sex Offenses—Hb 2726

      Hb 2726 prohibits law enforcement personnel from requesting or requiring an alleged
victim of sex offenses, including incest or aggravated incest, to submit to a polygraph examination
or similar truth-telling device.
Hb 2726



Kansas Legislative Research Department        119                     2008 Summary of Legislation
sexual assault Kits—Hb 2727

      Hb 2727 amends current law regarding sexual assault and specifically, sexual assault kits.
Under provisions of the bill, a victim can request a sexual assault examination. All sexual assault
kits would be sealed and kept in Kansas Bureau of Investigation (KBI) storage units for five years.
Rule and regulation authority is granted to the KBI, as necessary to implement provisions of the
bill.


       Another provision allows that if an examination was conducted solely upon the request of
the victim, the medical facility can not notify a law enforcement agency without the written consent
of the victim, unless otherwise required by law. Immunity is allowed for a medical facility as a
result of notifying or failing to notify any law enforcement agency if an examination has occurred
solely upon the request of the victim and notification is not otherwise required by law.


        In addition, the bill provides that the fee for conducting an examination of a victim can not
be charged or billed to the victim or to the victim’s insurance carrier. However, a county can be
required to charge the defendant for those costs, which can be assessed as court costs. The bill
clarifies that costs of the examination fees are to be reimbursed to the county.
Hb 2727
Correctional Officers’ Training—Hb 2740

     Hb 2740 reduces the annual in-service training requirements for correctional officers from
80 hours to not less than 40 hours.
Hb 2740
Crimes, Punishment, and Criminal Procedure—Hb 2780

      Hb 2780 amends the law regarding the following provisions:


     ● The fine for cruelty to animals is increased, on a second or subsequent conviction, to not
       less than $500 nor more than $2,500;


     ● Aggravated endangering a child is an offense that can not be expunged;


     ● An offender, whose non-prison sanction is revoked and whose crime was sexually
       motivated, will be required to serve post-release supervision;


     ● When a non-prison sanction is issued on a presumptive prison sentence, an offender will
       be required to serve post-release supervision;


     ● Domestic battery fines on a third or subsequent conviction are increased to not less than
       $1,000 nor more than $7,500; and




 Kansas Legislative Research Department         120                     2008 Summary of Legislation
                                                                                        Hb 2780 (Cont.)


      ● The Heart of America Regional Computer Forensics Laboratory is added to the list of
        facilities that can perform and charge for criminalistic laboratory services.
Hb 2780
sealing Court Records—Hb 2825

       Hb 2825 requires that, in a civil or criminal case, the court upon the court’s own motion
may hold a hearing or any party may request a hearing to seal or redact the court records or to
close a court proceeding. Reasonable notice of such hearing must be given to all parties in the
case. In a criminal case, reasonable notice also has to be given to the victim if ascertainable.
If the court grants the request, it must make and enter a written finding of good cause before
closing the proceedings or granting leave to file the records under seal. Good cause to close
a proceeding or seal or redact records does not exist unless the court makes a finding on the
record that there exists an identified safety, property, or privacy interest of a litigant or a public or
private harm that predominates the case and such interest or harm outweighs the strong public
interest in access to court records and proceedings.


      Agreement of the parties must be considered by the court but cannot constitute the sole
basis for the sealing or redaction of court records or for closing the court proceeding.


       The bill does not apply to the Kansas Code for Care of Children, the revised Kansas
Juvenile Justice Code, the Kansas Adoption and Relinquishment Act, or to Supreme Court Rules
which allow motions, briefs, opinions, and orders of the Court to identify parties by initials or by
familial relationship. A court in these matters must be allowed to issue a protective order.


      In addition, provisions of the bill do not preclude a court from allowing a settlement which
includes a confidentiality clause to be filed under seal where the interests of justice are served
by such settlement being filed under seal.
Hb 2825
aiding escape—Hb 2845

      Hb 2845 amends the crime of aiding escape. Aiding escape by an employee, volunteer
of the Kansas Department of Corrections (KDOC), or employee or volunteer of a contractor of
KDOC is punishable as a severity level 4, nonperson felony.
Hb 2845
Licensure and examination of Certain Contractors—Hb 2847

       Hb 2847 amends the law regarding licensing examinations for plumbing contractors,
electrical contractors and heating, ventilation, and air conditioning contractors to provide for the
use of standard examinations from either the International Code Council (ICC), the International
Association of Plumbing and Mechanical Officials (IAPMO), or Prometric, a subsidiary of
Educational Testing Services.
Hb 2847




Kansas Legislative Research Department           121                      2008 Summary of Legislation
salary adjustments for Nonjudicial employees—Hb 2968

      Hb 2968 funds the salary plan adjustments for nonjudicial employees of the Judicial Branch
by increasing docket fees by $9 and depositing the money into the Judicial Branch Nonjudiciary
Salary Adjustment Fund. The Fund is created by the bill and is to be used solely for the
compensation of nonjudicial employees, which would include clerk of district court staff, judicial
support staff, and court services officers. The bill also revises the distribution percentages of the
15 existing funds, including the State General Fund, that receive docket fee revenue so that the
impacts on those funds are neutral.
Hb 2968
                                    LOCaL GOVeRNMeNT


Municipal bonds—Published Notice of sale—sb 239

       sb 239 amends a provision of the general bond law governing the sale of municipal bonds
at public notice sale. Specifically, the bill amends an exception to the public notice of sale to
allow a city to issue up to $2.0 million in certain municipal bond sales before a published notice of
sale would be required. Additionally, the bill creates a requirement for bonds that are to be sold
at a private sale. Officers in charge of the sale must publish, in advance of the sale, a notice of
intent to seek private placement of such bonds in a newspaper having general circulation in the
county where the bonds are issued and in the Kansas Register. The notice is required to state
the maximum aggregate principal amount of the bonds, and include that the proposed sale is in
all respects subject to the subsequent approval of an appropriate bond purchase agreement and
an ordinance for the issuance of bonds.


     Under prior law, the provisions relating to a public notice of sale did not apply to municipal
bond sales greater than $100,000.
sb 239

County and school District alternative Capital Improvement Procurement—sub.
for sb 485
      sub. for sb 485 establishes the Alternative Project Delivery Building Construction
Procurement Act for counties and a separate act for school districts. The provisions in the bill are
permissive and do not mandate that the entities utilize the alternative methods. The bill permits
counties and school districts to use an alternative project delivery program, with both counties and
school districts permitted to use a construction management at-risk process for certain projects,
and only counties permitted to use a design-build procurement process for certain projects.
Schools are prohibited from using the design-build procurement selection process. The bill also
allows counties and school districts to award contracts for design and construction based on
a best value approach to be used in the selection process. The bill authorizes counties and
school districts to determine if the alternative procurement process is appropriate and to approve
contracts for any such projects using the alternative selection methods. The bill also permits a
technical proposal to contain certain limited references to specific elements of the cost.
sub. for sb 485



 Kansas Legislative Research Department         122                     2008 Summary of Legislation
City and County Populations—Hb 2123

     Hb 2123 amends the Rural Housing Incentive District Act by defining a city as a city with
a population of less than 60,000 in a county with a population of less than 80,000. In addition,
a county is defined as a county with a population of 60,000.
Hb 2123
Electronic Budget Forms; Approval of Mayoral Appointments; Abandoned
Cemeteries; Fire Districts; Township Dissolution and Consolidation—Hb 2217

     Hb 2217 deals with several local government issues: electronic filing of budget forms,
approval of mayoral appointments, abandoned cemeteries, fire districts, and township dissolution
and consolidation. Details of the bill follow.


Electronic Filing of Budget Forms

     The bill requires all taxing subdivisions and municipalities to file electronically all required
annual budget forms and related information, beginning in 2009.
Hb 2217
Approval of Mayoral Appointments

       The bill requires the governing body of any city to act upon any appointment made by the
mayor, which is subject to approval, within 45 days of the mayor’s appointment. The bill requires
further that the city governing body approve the appointment unless the governing body passes
a resolution stating the person is not fit or not qualified to hold the office or position in question.
If not acted upon within 45 days, the mayor’s appointment will be deemed approved.


Abandoned Cemeteries

      Effective upon publication in the Kansas Register, this portion of the bill amends existing law
to void all liens on abandoned cemeteries for which the title has been vested in the municipality
where the cemetery is located, pursuant to KSA 17-1367. The bill voids existing liens on such
property on and after January 1, 2003.


New Johnson County Consolidated Fire District; Other Fire District Law Revisions

     The bill allows for the creation of a new, consolidated fire district between the City of De
Soto and Johnson County Fire District No. 3. The bill also increases the number of governing
body members for Johnson County Fire District No. 2, and it increases the maximum mill levy
and make other changes for consolidated fire districts in general.


      In detail, the bill:




Kansas Legislative Research Department          123                      2008 Summary of Legislation
                                                                                        Hb 2217 (Cont.)


     ● Names the new district (involving the City of De Soto and Johnson County Fire District
       No. 3) the Northwest Consolidated Fire District (NCFD).


     ● Requires NCFD to have a five-member governing body and specify the membership.


     ● Requires the NCFD governing body members to serve staggered, three-year terms.


     ● Increases from five to seven the number of governing body members for Johnson County
       Fire District No. 2, by requiring the Board of County Commissioners to appoint the two
       additional members on, or at its next meeting after, July 1, 2008.


     ● Increases the maximum mill levy for consolidated fire districts from 11 to 15 mills.


     ● Removes the requirement that all funds in a consolidated fire district’s treasury, at the
       time of consolidation, be applied to the payment of any outstanding indebtedness,
       making this provision permissive instead. Further, the bill allows these funds to be
       transferred to the treasury of the new consolidated fire district as determined by the
       board of county commissioners. Provisions also are made relating to any debt service
       fund of a consolidated fire district.


Township Dissolution, Disorganization and Consolidation

      This portion of the bill adds and makes changes to the laws authorizing dissolution,
disorganization or consolidation of townships. Among the bill’s major changes are the following:


     ● Permits the board of county commissioners to establish a county service taxing district
       when a township has been dissolved or disorganized due to (a) consolidation with
       another township, (b) attachment of its territory to another township, or (3) transfer of
       the township’s duties to the county by adoption of a resolution.


         ◦   Procedures for notification are provided in the bill.


         ◦   A protest petition signed by a majority of qualified voters in the territory of the proposed
             county service taxing district can cause the district’s creation to be abandoned prior to
             the effective date of creation. A protest petition with the same signature requirement
             triggers a process for the dissolution of the county service taxing district after its
             creation.


         ◦   The district’s budget must include provisions for the operation of the district, including
             the ability to levy a property tax or service charge (both applied within service district




 Kansas Legislative Research Department          124                      2008 Summary of Legislation
                                                                                 Hb 2217 (Cont.)


             boundaries) or impose special assessments, or any combination of these levies
             and charges.


     ● Eliminates the exemption from the annual audit requirement for the first time for
       specific municipalities (unified school districts, recreation commissions with more than
       $150,000 annual gross receipts, other municipalities with more than $275,000 in either
       aggregate annual gross receipts or outstanding general obligation or revenue bonds)
       if the municipality requests assistance in complying with the required accounting
       procedures.


         ◦   The bill also eliminates the exemption from the annual audit requirement in any
             year for townships that are required to have an audit.


     ● Adds the alternative of allowing the board of county commissioners to deposit funds
       into the county general fund, transferred by a township to the county when the township
       board chooses to transfer all its powers, duties and functions to the county. To do so
       will require a 2/3 vote of all board members that all duties and funds transferred by the
       township are to be assumed by the county. (Current law requires transferred township
       funds be placed in a special fund.)


         ◦   The bill also removes the authority of the township voters to petition the county
             commissioners to return the powers, duties and functions to the township board.


     ● Adds two conditions to the one currently in statute allowing the board of county
       commissioners to proceed to disorganize a township and attach all or part of its territory
       to another township or townships. Current law allows the county commissioners to
       do so when the number of residents of the township is less than 200. While the bill
       repeals the current statute and replaces it with a new one, the new law contains this
       condition as well. Under the bill, only one of the resulting three conditions must be met.
       The additional two conditions are:


         ◦   A vacancy exists for two consecutive years in the office of township trustee, clerk
             or treasurer.


         ◦   The township fails to file an annual budget for two consecutive years.


     ● Repeals current law and reinstates it in revised form, providing for a petition process to
       keep the board of county commissioners from disorganizing a township. The language
       includes a notification requirement of the board’s intent to disorganize the township,
       and a number equal to 10 percent of those voting in the last general election must sign
       the petition to submit the proposition to the electorate.




Kansas Legislative Research Department       125                    2008 Summary of Legislation
                                                                                   Hb 2217 (Cont.)


     ● Specifies that certain statutory provisions for disorganizing a township (KSA 80-1110 et
       seq.) are for townships with more than 200 residents.


     ● Eliminates the requirements for townships to license billiard halls, pool halls, roller
       skating rinks, and bowling alleys.
Hb 2217
City Credit Card fee Capture—senate sub. for Hb 2440

      senate sub. for Hb 2440 allows any city to accept credit or debit cards for the payment of
taxes, utility fees, or other services.


       The city can establish the credit or debit card accepted and set a fee to be added to any
credit card transaction equal to the charge paid by the city for the use of the credit card by the
person. Under the bill, the city imposing a fee for payments made by credit card must provide
notice of such fee to the person making payments by credit card.
senate sub. for Hb 2440
Disposal of Township Personal Property—Hb 2628

     Hb 2628 provides for the disposal of township personal property valued at $1,000 or more.
The bill does the following:


     ● Establish a procedure whereby the sale or other disposal of such property is prohibited
       without township board approval. Public notice is required once in a newspaper of
       general circulation in the township, containing specific information. The sale must be by
       competitive bid and must be awarded to the highest and best bidder, but the board may
       reject any or all bids and resubmit for a new competitive bid procedure.
Hb 2628
    ● Require a township board to establish an alternative method for disposal of personal
        property in lieu of the above procedure. The alternative method must contain procedures
        for the public notice of the sale or disposition, a description of the property to be sold,
        and the method of sale. The method of sale could include, but not be limited to, a
        number of types of sales including fixed price, negotiated bid, sealed bid, public auction
        or any other method allowing public participation.
Hb 2628
Townships—equipment Reserve fund—Hb 2749

      Hb 2749 authorizes any township board with a surplus in its general fund to transfer, by
resolution, up to 25 percent of general fund revenue into a township equipment reserve fund. The
purpose of the equipment reserve fund would be to finance the acquisition of equipment.


     Upon transfer, the revenue in the equipment reserve fund will not be subject to the hearing
and other requirements currently in statute for taxing subdivisions’ budgets. The budget is



 Kansas Legislative Research Department        126                     2008 Summary of Legislation
                                                                                   Hb 2749 (Cont.)


required to show the amounts credited to, available in, and expended from the equipment reserve
fund. Equipment reserve fund revenue may be invested as allowed currently for governmental
subdivisions.


      If the township board determines any portion of the money in the reserve fund is not
needed for equipment, the board is permitted to transfer the money back to the general fund.
Upon retransfer, the money again would be subject to the budget requirements currently in
statute for taxing subdivisions’ budgets.
Hb 2749
Hospital boards—sub. for Hb 2757

      sub. for Hb 2757 amends Kansas statutes regarding government hospitals to allow
hospital boards to enter into employment contracts for an administrator or chief operating officer
of the hospital, and to allow such contracts to establish compensation as well as the terms of
the agreement.


      The bill also revises the conditions under which a hospital trustee may receive reimbursement
for expenses incurred, and it eliminates the requirement that an itemized expense statement be
allowed only by a majority vote of the hospital board.
sub. for Hb 2757
shawnee County fair association board—Hb 2804

        Hb 2804 adds three members to the board of directors of the Shawnee County Fair
Association, to be elected at large from the residents of Shawnee County. Of the directors
initially elected to these positions, the individual with the highest number of votes will serve a
three-year term, the individual with the second highest number of votes will serve a two-year
term, and the individual with the third highest number of votes will serve a one-year term. At-
large directors subsequently elected will serve three-year terms. In addition, the bill removes
the provision that limits directors to two consecutive terms.
Hb 2804
                                         ReTIReMeNT


Retirement Omnibus bill—House sub. for sub. for sb 309

      House sub. for sub. for sb 309 enacts provisions related to public retirement plans,
namely the Kansas Public Employees Retirement System (KPERS) plans (including regular
KPERS, the Kansas Police and Firemen’s Retirement System, and the Retirement System
for Judges) and the Washburn University retirement plan. The major sections of the bill are
described below.


     ● Working after Retirement. The bill removes a June 30, 2008, sunset date and makes
       permanent an exemption in the KPERS law regarding working after retirement. The



Kansas Legislative Research Department        127                     2008 Summary of Legislation
                                                            House sub. for sub. for sb 309 (Cont.)


         exemption applies to nurses at certain state institutions who are exempted from the
         statutory $20,000 salary cap on most retirees who return to work for the same KPERS
         participating employer from whom they retired. The current state institutions that are
         participating employers and will continue to be able to hire retired nurses included
         Osawatomie State Hospital, Larned State Hospital, Parsons State Hospital, Rainbow
         Mental Health Facility, Kansas Neurological Institute, the Kansas Soldiers’ Home, and
         the Kansas Veterans’ Home. The bill also adds other participating state institutions,
         including the juvenile correctional facilities at Atchison, Beloit, Larned, and Topeka.


Teachers Working After Retirement Definition

       One section of 2008 SB 470 amends state law to provide that a “teacher” means (1) a
teacher defined by KSA 72-5436 and (2) any professional employee who retires from school
employment and was covered by the KPERS plan. Previously, 2006 House Sub for SB 270
changed the statutory (KSA 72-5413) definition of a professional employee to exclude, beginning
in the 2006-2007 school year, any person who retires from school employment as a KPERS
member, regardless of whether an agreement on terms and conditions of professional service
between a board of education and an exclusive representative of professional employees provides
to the contrary. Another provision in the 2006 bill changed the statutory ( KSA 72-5436) definition
of teacher to exclude, beginning in the 2006-2007 school year, any person who retires from
school employment as a KPERS member.
House sub. for sub. for sb 309
    ● state Income Tax exemption. The bill exempts retirement benefits from Kansas
       income tax for the retired employees of Washburn University who are covered by the
       university’s Internal Revenue Code (IRC) Section 403(b) retirement plan. Under current
       law, retirement benefits to persons with IRC Section 403(b) plans are subjected to state
       income tax, except for retired employees from the State Board of Regents institutions
       who are considered state employees and granted tax exempt status by the Kansas
       Secretary of Revenue in Revenue Notice 12-88-1. House Sub. for SB 309 conforms
       the taxability of Washburn University retirement plan’s benefits to the State Board of
       Regents retirement plan benefits (also an IRC Section 403(b) plan). Kansas Revenue
       Notice 12-88-1 also states that retirement contributions, when not taxable for federal
       income tax purposes, are not taxable for Kansas income tax purposes, as is the case for
       IRC Section 403(b) plans at educational institutions. Washburn University and Regents
       unclassified employees will continue to pay no state income tax on contributions, and
       Washburn and Regents retirees will pay no state income tax on benefits.
     ● Technical Changes. The bill makes a series of technical amendments to various statutes
       pertaining to the KPERS law, including the current retirement plans and the authorized
       new plan that will be effective on July 1, 2009. The bill allows conforming changes to
       be made in state statutes that will enable KPERS to seek an Internal Revenue Service
       (IRS) ruling that, if successful, will continue the KPERS tax exempt status. The bill
       makes changes in current law to incorporate references to recent federal legislation and
       regulations to which state retirement law must conform, and the bill also resolves other
       issues that the KPERS Board of Trustees over the past two years requested legislative
       changes to address.
House sub. for sub. for sb 309


 Kansas Legislative Research Department        128                     2008 Summary of Legislation
Post-Retirement Benefit Payment—senate sub. for Hb 2390

      senate sub. for Hb 2390 authorizes a one-time post-retirement payment of $300 to
certain Kansas Public Employees Retirement System (KPERS), Kansas Police and Firemen’s
(KP&F) Retirement System, and the Retirement System for Judges members who are retirees,
beneficiaries, and disabled members of the state, school and local groups and who have at least
10 years of service credit and retired or became disabled on or before July 1, 1998.


       The bill authorizes a $300 one-time benefit payment from the KPERS Trust Fund to
retirees and beneficiaries of the state, school, and local groups. In addition, the bill establishes
a repayment mechanism for the local group by raising local employer contribution rates for
10 years. Finally, the bill authorizes payments for certain eligible disabled members from the
Insured Disability Benefit Fund. The funding for the KPERS, KP&F and Judges state groups
and for the school group is authorized in the Omnibus appropriations bill.


      Eligibility for the $300 payment is specified in the bill as follows:
senate sub. for Hb 2390
    ● Retirees who retired on or before July 1, 1998, and have 10 or more years of service
        credit, and their joint survivors, and


      ● Disability recipients who began receiving disability benefits on or before July 1, 1998.


      funding for state and school Groups. The Omnibus appropriations bill (Senate Sub. for
HB 2946), authorizes funding to repay the KPERS Trust Fund for the cost of the $300 payment to
the state and school groups. In order for the post-retirement benefit payment to be authorized,
both bills (HB 2390 and HB 2946, including certain sections in the Omnibus bill) require approval
of the Governor. The Legislature established that the $300 payment is contingent upon the
following events and requirements in FY 2009 before disbursements may be made:


      ● One section in Senate Sub. for HB 2946 provides that the $300 payment is funded
        indirectly through the new expanded gaming revenues. As a result, the payment’s
        funding is contingent on the upcoming Kansas Supreme Court decision on the
        constitutionality of the Kansas Expanded Lottery Act and subsequent receipts of
        expanded gaming revenues during FY 2009.


      ● Another section in Senate Sub. for HB 2946 provides that a reimbursement of $7.06
        million for debt reduction, all from the Expanded Lottery Act Revenues Fund, must
        be transferred to the State General Fund as partial reimbursement of $36.1 million in
        principal and interest payments for pension obligation bonds that are appropriated in
        FY 2009.




Kansas Legislative Research Department         129                       2008 Summary of Legislation
                                                                  senate sub. for Hb 2390 (Cont.)


     ● First, if there is a favorable Supreme Court decision, and second, if there is adequate
       expanded gaming revenue, then the one-time $300 payment will be paid on or after
       October 1, 2008.


       The fiscal note for Senate Sub. for HB 2390 estimates the $300 one-time payment will result
in total costs of $9.42 million, of which $7.06 million is for the state and school groups (23,528
eligible members), $2.1 million is for the local group (6,989 eligible members), and $260,000 is
for the disabled group (874 eligible members). The post-retirement benefit would be received by
a total of 31,391 eligible members on or after October 1, 2008.


     The fiscal note for Senate Sub. for HB 2946 is $7.06 million, all from the State General
Fund, to be reimbursed by a transfer of $7.06 million from the Expanded Lottery Act Revenues
Fund, in FY 2009.
senate sub. for Hb 2390
                                     sOCIaL seRVICes


Home and Community Based Services; Joint Committee
 on Home and Community based services Oversight—House sub. for sb 365

      House sub. for sb 365 creates a comprehensive and coordinated system for long-term
care services, including home and community based services, in the State of Kansas. The bill
directs that the system:


     ● Emphasize self-direction, individual choice, home and community settings, and
       privacy;


     ● Ensure transparency, accountability, safety, and high quality services;


     ● Increase expedited eligibility determination;


     ● Provide timely services;


     ● Utilize informal services; and


     ● Ensure the moneys follow the person into the community.


      The bill directs that all persons receiving long-term care services be offered the most
appropriate services which are determined to be the most economical, in the aggregate, in terms
of State General Fund expenditures. Funding will follow those individuals who transition from
nursing facilities to home and community based services in the community. The bill directs the



 Kansas Legislative Research Department       130                     2008 Summary of Legislation
                                                                    House sub. for sb 365 (Cont.)


Department on Aging, the Department of Social and Rehabilitation Services (SRS), and the
Kansas Health Policy Authority (KHPA) to design and implement the system, in consultation with
stakeholders and advocates. The Department on Aging and SRS in consultation with KHPA are
required to submit annual reports to the Governor and the Legislature.
       In addition, the bill establishes the Joint Committee on Home and Community Based
Services Oversight, which is a joint legislative committee comprised of nine members, five from
the House of Representatives and four from the Senate. The Oversight Committee is to meet
at least four times per year, with the chairmanship alternating between members of the House
of Representatives and the Senate. The chairman for the first year of the Committee will be the
member appointed by the Speaker of the House of Representatives. The Committee is to review
the number of individuals transferred from institutional settings to home and community based
settings and the associated funding. The Committee also will review community capacity and
ensure adequate progress is being made for the transfers to occur. In addition, the Committee
will study and determine the effectiveness of the program and perform a cost analysis. The
Committee will review the salaries, benefits, and training of direct care staff. The Committee
also will review and ensure that any proceeds resulting from the successful transfer be applied
to the system of long term care and home and community based services. The Committee
will review the Legislative Budget Committee Report to the 2007 Legislature regarding funding
recommendations for home and community based services and use the report as a guideline for
future funding and policy recommendations.


       The bill establishes home and community based services savings funds at both the
Department of Social and Rehabilitation Services and the Department on Aging, into which all
savings resulting from transferring individuals from institutional settings to home and community
based services will be deposited. These funds are subject to appropriation. The savings are
the difference between the average cost of institutional care and the cost of providing services
to that individual in the community. In addition, the bill authorizes the director of accounts and
reports to transfer the savings, as certified by the Secretary of Aging and the Secretary of Social
and Rehabilitation Services, into the newly created funds.
House sub. for sb 365
Land Transfer—senate sub. for Hb 2936

      senate sub. for Hb 2936 authorizes the transfer of land owned by the Department
of Social and Rehabilitation Services (SRS) to the Topeka Association for Retarded Citizens
(TARC). The property under consideration is located adjacent to Kansas Neurological Institute
(KNI) and contains approximately 9.34 acres. Under the bill, the land shall be used for the care,
education, training, and treatment of retarded persons or other charitable purposes relating
to health, education, and welfare. If the land should cease to be used for those purposes,
ownership would revert back to the State of Kansas.
senate sub. for Hb 2936




Kansas Legislative Research Department        131                     2008 Summary of Legislation
                                       sTaTe fINaNCes


fY 2008 and fY 2009 state budget—sb 534 and senate sub. for Hb 2946

      sb 534 and senate sub. for Hb 2946. Two bills contain most appropriations for FY 2008
and FY 2009. SB 534 is the main appropriations bill passed during the 2008 regular legislative
session, containing FY 2008 supplemental appropriations, FY 2009 supplemental appropriations
for biennially-budgeted agencies, FY 2009 appropriations, and appropriations for a number of
capital improvement projects. Senate Substitute for HB 2946 is the Omnibus appropriation bill.
In addition, four other bills contain direct appropriations of funding:
sb 534 and senate sub. for Hb 2946
     ● Senate Sub. for HB 2916 contains appropriations for the FY 2009 pay plan
        recommendations approved by the Legislature ($82.2 million, including $42.4 million
        from the State General Fund).


     ● HB 2858 includes multi-year State General Fund appropriations ($295,000 in FY 2009)
       for the Kansas Academy of Math and Science (KAMS) in the budget of the Board of
       Regents. KAMS is an accelerated residential program for Kansas high school juniors
       and seniors who are academically talented in math and science.


     ● Senate Sub. for HB 2923 appropriates $60,000, all from the State General Fund, in
       FY 2009 to fund a new position in the budget of the Kansas Commission on Veterans’
       Affairs, and adds $75,392, all from the State General Fund, in FY 2009 in the budget of
       the Department of Wildlife and Parks to provide annual hunting and fishing licenses to
       certain honorably discharged veterans with certified service-related disabilities.


     ● House Sub. for SB 81 appropriates $1.5 million, all from the State General Fund, in FY
       2009 to the Wichita Center for Graduate Medical Education (WCGME) in the budget of
       the University of Kansas Medical Center. (Note: Identical funding of $1.5 million, all from
       the State General Fund, is included in the Omnibus appropriation bill, but will lapse once
       SB 81 becomes law).


     The amounts reflected in the first three direct appropriation bills ($82.7 million, including
$42.8 million from the State General Fund) are included in the following information.


       The revised amount for FY 2008 increases amounts approved by the 2007 Legislature by
$49.2 million from the State General Fund and $541.8 million from all funding sources. Most of
the State General Fund increase is reflected in the budgets of the Department of Education ($24.4
million, primarily for increased school finance estimates), and the Adjutant General ($11.1 million,
primarily for additional disaster-related expenditures). The increases in expenditures from all
funding sources are largely reflected in the budgets of the Department of Transportation ($172.0
million, primarily in capital improvement projects carried forward from FY 2007), the Adjutant
General ($116.7 million, primarily for additional disaster related expenditures) and the Department
of Social and Rehabilitation Services and the state hospitals ($79.7 million, largely for caseload

 Kansas Legislative Research Department        132                     2008 Summary of Legislation
                                                   sb 534 and senate sub. for Hb 2946 (Cont.)


adjustments). The revised FY 2008 State General Fund expenditures total $6.138 billion, $6.5
million above the amount recommended by the Governor. The revised FY 2008 expenditures
from all funding sources total $13.167 billion, $51.7 million above the amount recommended by
the Governor.


       For FY 2009, the approved amount is $6.405 billion from the State General Fund and
$13.554 billion from all funding sources. The FY 2009 amount is $10.9 million below the amount
recommended by the Governor from the State General Fund and $47.5 million below the
amount recommended by the Governor from all funding sources. The approved FY 2009 State
General Fund amount is $266.7 million, or 4.3 percent, above the revised FY 2008 amount,
while the approved FY 2009 expenditures from all funding sources are an increase of $394.1
million, or 3.0 percent, above the revised FY 2008 amount. The State General Fund increase
is primarily attributable to school finance funding included in 2006 SB 549 and other school
finance adjustments ($165.9 million) and to state employee salary increases ($42.4 million).
The approved number of full-time equivalent (FTE) positions totals 42,076.3 for FY 2009, an
increase of 17.7 FTE positions from the FY 2008 approved amount of 42,058.6.


     The following table reflects the dollar and percentage change from FY 2007 actual
expenditures to the approved FY 2009 amount.


                    state General fund and all funds expenditures
                                   fY 2007-fY 2009
                               (amounts in Thousands)

                                 Increase Over                                   Increase Over
                                   Prior Year                                      Prior Year
            State General
                Fund             $          %           All Funds            $              %

 FY 2007   $   5,607,710    $   468,288     9.1%    $   11,968,537     $     535,815        4.7%
 FY 2008       6,138,189        530,479     9.5         13,166,661         1,198,124      10.0
 FY 2009       6,404,838        266,650     4.3         13,560,730           394,069        3.0



     Major items reflected in the approved FY 2009 budget include the following:


     ● The 2008 Legislature, in Senate Sub. for HB 2916, approved a new state classified
       employee pay plan for Executive Branch employees and provided salary increases
       for all state employees in FY 2009. The bill provides funding of $82.2 million from all
       funding sources, including $42.4 million from the State General Fund for state employee
       salary adjustments including the following: a 2.5 percent base salary adjustment for
       all state employees (classified and unclassified), including statewide elected officials
       (Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer
       and Commissioner of Insurance), justices and judges, and legislators (including the
       non-session legislative allowance). Classified employees will receive a base salary



Kansas Legislative Research Department      133                      2008 Summary of Legislation
                                                     sb 534 and senate sub. for Hb 2946 (Cont.)


       adjustment of 2.5 percent, while the appointing authority of unclassified employees will
       receive a merit pool of 2.5 percent to be distributed as determined by the appointing
       authority. The bill includes a below market salary adjustment for classified employees
       to move those individuals in the basic vocational classes (i.e., Senior Administrative
       Assistant, Administrative Assistant, and Custodial Specialist) and isolated worst cases
       toward their respective market rates. It is estimated that this adjustment will impact 7,758
       employees in 147 classes. It also provides funding for longevity bonus pay for current
       classified employees at the current “temporary” rate of $50 per year of service for the
       longevity bonus pay in FY 2009 for all current classified employees. The statutory rate for
       longevity bonus pay is $40 per year of service. There are 12,016 classified employees
       who receive an average annual longevity bonus payment of $962. Longevity bonus pay
       would continue for all current state employees and be made in the same manner as the
       current practice. Employees are eligible for the longevity bonus payment once they have
       a minimum of 10 years of service and maintain a satisfactory or better job performance
       evaluation rating. The maximum number of years of service that are compensated under
       the longevity bonus payment is 25 years of service. Those employees who currently
       have less than ten years of service will be eligible to receive longevity bonus pay when
       they have the required number of years of service. The bill would discontinue longevity
       bonus pay for all future employees hired or re-employed on or after June 15, 2008 (the
       first payroll period chargeable to FY 2009).


    ● State General Fund expenditures for the Department of education increase by $165.9
      million or 5.3 percent. Most of the additional funding for FY 2009 is included in 2006 SB
      549, the school finance bill. The approved budget increases Base State Aid Per Pupil
      (BSAPP) by $59 in FY 2009 (from $4,374 to $4,433).


    ● State General Fund expenditures for the Health Policy authority increase $34.2 million,
      or 7.1 percent, largely for caseload adjustments.


    ● For FY 2009, there are no state General fund transfers to the Local Ad Valorem
      Tax Reduction Fund or the City County Revenue Sharing Fund. The recommendation
      includes transfers to the Special City County Highway Fund ($10.1 million); the School
      District Capital Improvements Fund ($74.2 million); the State Water Plan Fund ($6.0
      million), the State Fair Capital Improvements Fund ($0.3 million), and the Regents
      Faculty of Distinction Program ($5.0 million).


    ● The Legislature approved $9.4 million, including $7.1 million from the State General
      Fund, for a $300 one-time payment to Kansas Public employees Retirement system
      retirees and disabled members with at least 10 years of service who retired on or before
      July 1, 1998. The State General Fund expenditure will be reimbursed with a transfer
      from the Expanded Lottery Act Revenues Fund to the State General Fund of the same
      amount. However, the payment to retirees will be made only if these receipts to the
      Expanded Lottery Act Revenues Fund from expanded gaming activities are sufficient
      enough to reimburse the State General Fund.




Kansas Legislative Research Department       134                      2008 Summary of Legislation
                                                      sb 534 and senate sub. for Hb 2946 (Cont.)


       state General fund expenditures by Major Purpose. Of the approved FY 2009 State
General Fund expenditures of $6.405 billion, 55.9 percent, or $3.581 billion, is for state aid
payments to local units of government (mainly local school districts); 24.4 percent, or $1.565
billion, is for state operations (the daily costs of operating state government, including state
employee salaries, rents, travel, and communications); 19.3 percent, or $1.236 billion, is for other
assistance (payments to individuals such as public assistance and unemployment benefits); and
0.3 percent, or $22.0 million, is for capital improvements. The following pie chart displays FY
2009 State General Fund expenditures by major purpose.


                   fY 2009 sTaTe GeNeRaL fUND eXPeNDITURes
                          by Major Purpose of expenditure
                         as approved by the 2008 Legislature
                                    (in Millions)



                                                                 State Operations
                                                                      24.4%
                                                                     $1,565.5




                  Local Aid
                   55.9%
                  $3,581.1


                                                                      Other Assistance
                                                                          19.3%
                                                                         $1,236.4

                                               Capital Improvements
                                                       0.3%
                                                       $22.0




Kansas Legislative Research Department        135                         2008 Summary of Legislation
                                                              sb 534 and senate sub. for Hb 2946 (Cont.)


      state General fund expenditures by function of Government. Of the total approved
FY 2009 State General Fund expenditures, 64.4 percent, or $4.127 billion, is for education (local
schools, community colleges, Regents institutions); 23.6 percent, or $1.512 billion, is for the human
services function of government (including the Department of Social and Rehabilitation Services
and state hospitals, the Health Policy Authority, Department on Aging and the Department of
Labor); and the remaining 12.1 percent, or $0.766 billion, is for public safety agencies, general
government agencies, agriculture and natural resources agencies and the transportation function.
The following pie chart displays the FY 2009 State General Fund expenditures by function of
government.


                    fY 2009 sTaTe GeNeRaL fUND eXPeNDITURes
                              by function of Government
                          as approved by the 2008 Legislature
                                     (In Millions)




                                          Education
                                           64.4%
                                          $4,126.9

              Total: $6,405.0


                                                                                   Transportation
                                                                                       0.3%
                                                                                       $16.1
                                                                                   Public Safety
                                                                                      6.8%
                                                                                     $433.3


                                                                             General Government
                                                                                   4.4%
                                   Ag. & Nat. Resources
                                                                                  $280.0
                                          0.6%              Human Services
                                          $36.8                23.6%
                                                              $1,511.9




 Kansas Legislative Research Department               136                        2008 Summary of Legislation
                                                            sb 534 and senate sub. for Hb 2946 (Cont.)


      State General Fund Profile. The following State General Fund profile reflects legislative
action on the state budget as of adjournment on May 7, 2008. Based on the approved budget,
the projected ending balance in the State General Fund at the end of FY 2009 would equal 1.9
percent of expenditures ($120.4 million). While provisions of KSA 75-6702 require the projected
State General Fund ending balance to equal 7.5 percent of expenditures, those provisions were
waived in SB 534.


      sTaTe GeNeRaL fUND ReCeIPTs, eXPeNDITURes aND baLaNCes
                  as aPPROVeD bY THe LeGIsLaTURe
                             In Millions
                                                                            Legislature     Legislature
                                                                             Approved        Approved
                                                     Actual FY 2007          FY 2008         FY 2009

Beginning Balance                                $          733.6       $         935.0     $    533.4
Receipts (April 2008 Consensus)                            5,809.0              5,736.6         6,020.9
Legislative Receipt Adj.                                       0.0                   0.0          (28.9)
Adjusted Receipts                                          5,809.0              5,736.6         5,992.0
Total Available                                  $         6,542.7      $       6,671.6     $   6,525.4
Less Approved Expenditures                                 5,607.7              6,138.2         6,405.0
Ending Balance                                   $          935.0       $         533.4     $    120.4

Ending Balance as a Percentage of Expenditures               16.7%                   8.7%           1.9%
Receipts Above Expenditures                      $          201.4       $         (401.6)   $   (413.0)
sb 534 and senate sub. for Hb 2946
state employee Pay Plan—senate sub. for Hb 2916

      senate sub. for Hb 2916 implements a new state classified employee pay plan for
Executive Branch employees and provides salary increases for all state employees in FY
2009.
senate sub. for Hb 2916
       The bill provides $85.9 million from all funds (and non-reportable funds), including $42.7
million from the State General Fund in FY 2009 for state employee salary adjustments, that
includes the following:


      ● A 2.5 percent base salary adjustment of $55.2 million from all funds (and non-reportable
        funds), including $27.1 million from the State General Fund, for all state employees
        (classified and unclassified), including statewide elected officials (Governor, Lieutenant
        Governor, Attorney General, Secretary of State, State Treasurer and Commissioner of
        Insurance), justices and judges, and legislators (including the non-session legislative
        allowance). Classified employees will receive a base salary adjustment of 2.5 percent,
        while the appointing authority of unclassified employees will receive a merit pool of 2.5
        percent to be distributed as determined by the appointing authority. The substantive
        law regarding elected state officials compensation has not been amended since 1998;
        the statutory changes in the bill reflect the cumulative approved increases since FY




Kansas Legislative Research Department           137                        2008 Summary of Legislation
                                                                 senate sub. for Hb 2916 (Cont.)


       1999. However, such increases have been approved within appropriation bills for the
       corresponding fiscal years since FY 1999.


    ● A below market salary adjustment for classified employees of $16.0 million from all funds,
      including $8.6 million from the State General Fund, to move those individuals in the
      basic vocational classes (i.e., Senior Administrative Assistant, Administrative Assistant,
      and Custodial Specialist) and isolated worst cases toward their respective market rates.
      It is estimated that this adjustment will impact 7,758 employees in 147 classes (and non-
      reportable funds.)


    ● Provide $14.7 million from all funds, including $7.0 million from the State General
      Fund, for longevity bonus pay for current classified employees. Maintain the current
      “temporary” rate of $50 per year of service for the longevity bonus pay in FY 2009 for
      all current classified employees. The statutory rate for longevity bonus pay is $40 per
      year of service. There are 12,016 classified employees who receive an average annual
      longevity bonus payment of $962. Longevity bonus pay would continue for all current
      state employees and be made in the same manner as the current practice. Employees
      are eligible for the longevity bonus payment once they have a minimum of 10 years of
      service and maintain a satisfactory or better job performance evaluation rating. The
      maximum number of years of service that are compensated under the longevity bonus
      payment is 25. Those employees who currently have less than ten years of service will
      be eligible to receive longevity bonus pay when they have the required number of years
      of service.


       The bill discontinues longevity bonus pay for all future employees. Those employees
       hired or re-employed on or after June 15, 2008 (the first payroll period chargeable to FY
       2009) will not be eligible to receive longevity bonus pay. Longevity bonus payments will
       be discontinued for new employees beginning in FY 2009.


       The bill establishes the recommendations of the State Employee Oversight Commission’s
       five basic pay plans for classified employees. The exact provisions of the five pay plans
       are not specified in the bill, but there is a reference to the pay plans as recommended
       by the State Employee Oversight Commission. The five pay plans, as recommended by
       the State Employee Oversight Commission, include:


       ◦   Basic Vocational Pay Plan (3,844 employees in 57 classifications) that is a step plan,
           but with more narrow pay grades than currently exist;


       ◦   General Classified Pay Plan (11,917 employees in 282 classifications) that is a hybrid
           model with movement based on steps up to market and an open range, regulated
           through the use of zones, beyond market and would include such classes as Human
           Service Specialists and Mental Health Developmental Disability Technicians;




Kansas Legislative Research Department       138                    2008 Summary of Legislation
                                                                   senate sub. for Hb 2916 (Cont.)


          ◦   Management Pay Plan (256 employees in 20 classifications) that has open pay
              grades with pay movement based in position-in-range and performance and would
              include such classes as public service executives and corrections managers;


          ◦   Professional Individual Contributor Pay Plan (2,751 employees in 130 classifications)
              that is an open range model with market anchors and would include such classes
              as nurses and scientists; and


          ◦   Protective Services Pay Plan (3,215 employees in 42 classifications) that is a step
              model and would include such classes as uniformed officers of the Department of
              Corrections and the Kansas Highway Patrol.


      ● The bill authorizes a four-year appropriation totaling $68.0 million from all funds,
        including $34.0 million from the State General Fund, for below market pay adjustments
        (excluding the FY 2009 appropriation). The State General Fund appropriations of $8.5
        million annually are made in FY 2010, FY 2011, FY 2012, and FY 2013 to the State
        Finance Council for distribution to Executive Branch agencies. The all funds annual
        authorization to the State Finance Council for the below market pay adjustments is
        $16.0 million.


      The bill provides $75,000 (State General Fund) in FY 2009 for the Division of Personnel
Services of the Department of Administration for implementation costs associated with the new
pay plan.


      The bill also provides that the salaries of the statewide elected officials (Governor,
Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, and Commissioner
of Insurance) be increased by the same percentage increase for all persons in the classified
service under the Kansas Civil Service Act chargeable to payroll periods commencing after June
30, 2009 (FY 2010).


      In addition, the bill provides that legislative salaries and the legislator non-session expense
allowance will be increased by the same percentage increase that classified employees receive
under the Kansas Civil Service Act chargeable to payroll periods commencing after June 30,
2009 (FY 2010).


      The bill codifies the subsistence pay currently allowed for legislators, which is tied to
the rate allowable under applicable federal law and regulations for employees of the executive
branch of the federal government for per diem expenses in the capital city of Kansas.


       The bill also deletes language that provides that the Director of the Division of Health
serves a four-year term of office. The change provides the Director of the Division of Health
shall serve at the pleasure of the Secretary of Health and Environment.




Kansas Legislative Research Department         139                     2008 Summary of Legislation
                                                                 senate sub. for Hb 2916 (Cont.)


     Further, the bill establishes the State Employee Pay Plan Oversight Committee. The
Oversight Committee will be composed of seven voting members and two non-voting ex-officio
members:


     ● One member appointed by the President of the Senate;


     ● Two members appointed by the Speaker of the House;


     ● One member appointed by the Minority Leader of the Senate;


     ● One member appointed by the Minority Leader of the House;


     ● Two members appointed by the Governor, with at least one being a representative of a
       state employee labor union; and


     ● Two non-voting ex-officio members, the Secretary of Administration or the Secretary’s
       designee, and the Secretary of Labor or the Secretary’s designee.


     At least one member of the Oversight Committee is required to be a member of the Senate
and one member is required to be from the House of Representatives.


      The Oversight Committee will elect the Chairperson and Vice-Chairperson from among its
members. The staff of the Office of Revisor of Statutes, Division of Legislative Administrative
Services, and Legislative Research Department will provide assistance as requested by the
Oversight Committee and as approved by the Legislative Coordinating Council. The Oversight
Committee is required to annually report to the Legislature at the beginning of each legislative
session on the progress made in the development, implementation and administration of the new
pay plans and the associated performance management process. The Oversight Committee will
sunset on July 1, 2014.


      The bill also codifies a compensation philosophy for state employees. The philosophy was
crafted by the State Employee Pay Philosophy Task Force and endorsed by the State Employee
Compensation Oversight Commission during the 2007 interim period. The pay philosophy
includes:


     ● The goal of attracting and retaining quality employees with competitive compensation
       based on relevant labor markets;


     ● A base of principles of fairness and equity and to be administered with sound fiscal
       discipline; and




 Kansas Legislative Research Department      140                    2008 Summary of Legislation
                                                                 senate sub. for Hb 2916 (Cont.)


     ● An understanding that longevity bonus payments shall not be considered as part of the
       base pay for classified employees.


       In summary, the bill appropriates a total of $38.6 million from the State General Fund to
the State Finance Council for distribution to Executive Branch agencies for the various salary
increases in FY 2009. The bill also appropriates from the State General Fund to the Judicial
Branch ($3.2 million) and Legislative Branch agencies ($0.6 million) for their proportional share
of the FY 2009 state employee pay plan increases. In addition, the bill appropriates $8.5 million
from the State General Fund in FY 2010, FY 2011, FY 2012, and FY 2013 to the State Finance
Council for distribution to Executive Branch agencies for below market pay adjustments. The all
funds (and non-reportable funds) annual amount would total $16.0 million for those same fiscal
years.


      The following table summarizes the appropriations in the bill.


                      senate sub. for Hb 2916 appropriations for
                         state employee salary adjustments

               summary of fY 2009 state employee Pay Plan adjustments
                                         (amounts in Millions)
                                                                         State
                                                                        General               All
                                                                         Fund               Funds*

Base Increase of 2.5 Percent for All Employees                         $    27.1        $      55.2
Below Market Salary Adjustment                                               8.6               16.0
Longevity Bonus Payment - $50 a year of service                              7.0               14.7
FY 2009 TOTAL                                                          $    42.7        $      85.9



              additional Out-Year appropriations for Market Pay equalization

FY 2010 Classified Employees Market Salary Adjustments                 $     8.5        $      16.0
FY 2011 Classified Employees Market Salary Adjustments                       8.5               16.0
FY 2012 Classified Employees Market Salary Adjustments                       8.5               16.0

FY 2013 Classified Employees Market Salary Adjustments                       8.5               16.0

OUT-YEAR TOTAL                                                         $    34.0        $      64.0

GRAND TOTAL APPROPRIATIONS for ALL YEARS                               $    76.7        $     149.9

      * Includes non-reportable funds.


Kansas Legislative Research Department          141                    2008 Summary of Legislation
                                     sTaTe GOVeRNMeNT


Nomination Procedures for Appointments for Office—sb 21

     sb 21 deals with nomination procedures for appointments for office by an appointing
authority prior to confirmation by the Senate.


     The bill also lists certain offices appointed by the Governor and appointing authority that
would be subject to confirmation prior to persons exercising the powers, duties, and functions of
such offices.


     The bill defines “office” to mean any state office or board, commission, council, committee,
authority, or other governmental body where members are required by law to be appointed
by an appointing authority and whose appointment would be subject to Senate confirmation.
“Appointing authority” means a person, other than the Governor, who is required by law to make
an appointment to an office.
sb 21
     The bill prohibits a person from being appointed unless such person:


      ● Completes and submits a nomination form;


      ● Consents to a background investigation by the Kansas Bureau of Investigation (KBI);
        and


      ● Consents to the release of tax information by the Department of Revenue and the federal
        Internal Revenue Service.


      Under the bill, a copy of the nomination form and the statement of substantial interest will
be kept on file in the office of the Director of the Kansas Legislative Research Department or the
Director’s designee (Director) and be subject to the Kansas Open Records Act.


      The bill requires an appointing authority to submit, to the Chairperson of the Senate
Confirmations Committee (Chairperson), a completed nomination form, the statement of
substantial interest, a consent for release of tax information, and a written request for a Kansas
Bureau of Investigation (KBI) background investigation.


      The Chairperson will then submit the information to the Director and by written request
of the Director and the appointing authority, the KBI will be required to conduct a background
investigation and the Department of Revenue will have to release tax information on the nominee.
The information will be kept on file in the Director’s office or in a secure location under the control
of the Director.



 Kansas Legislative Research Department          142                     2008 Summary of Legislation
                                                                                        sb 21 (Cont.)


sb 21
      Under the bill, once the Director receives the information, the Director will notify the
appointing authority and the nominee that the information is available for review. The information
can not be removed from the Director’s Office, copied, or duplicated. All information except the
conviction information will be confidential. Intentional disclosure of the information will be a class
A nonperson misdemeanor. Any intentional or unintentional disclosure by any person may result
in removal from office or employment.


      Information may be disposed of in a manner provided by KSA 75-3501 et seq. If the
nomination is withdrawn or the appointment is denied, the information shall be destroyed by
the Director not sooner than one year and not later than two years after the withdrawal or non-
appointment.


      The bill prohibits any acting appointed state officer from serving more than six months.


     The bill requires the following officers appointed by the Governor to be confirmed by the
Senate before such person could exercise any power, duty, or function of such office:


      ● Credit Union Administrator;


      ● Secretary of the Department of Wildlife and Parks;


      ● Adjutant General;


      ● Twelve military aides-de-camp;


      ● General officers of the military;


      ● Member of the Central Interstate Low-level Radioactive Waste Commission;


      ● Secretary of Agriculture;


      ● Superintendent of the Kansas Highway Patrol;


      ● Director of the Water Office;


      ● Secretary of Commerce;


      ● Executive Director of the Kansas Lottery Commission;



Kansas Legislative Research Department         143                      2008 Summary of Legislation
                                                                                    sb 21 (Cont.)


     ● Executive Director of the Kansas Racing and Gaming Commission;


     ● Executive Director of the State Gaming Agency;


     ● State Bank Commissioner;


     ● State Fire Marshal;


     ● State Librarian;


     ● Executive Director of the State Historical Society;


     ● Secretary of the Department of Administration;


     ● Secretary of the Department of Transportation;


     ● Secretary of the Department of Revenue;


     ● Secretary of the Department of Corrections;


     ● Acting Secretary of the Department of Corrections;


     ● Secretary of the Department of Social and Rehabilitation Services;


     ● Secretary of the Department of Health and Environment;


     ● Secretary of the Department of Labor;


     ● Secretary of the Department of Aging;


     ● Securities Commissioner; and


     ● State Long-term Care Ombudsman.


      The following officers appointed by an appointing authority will be required to be confirmed
by the Senate before such person could exercise any power, duty, or function of such office:




 Kansas Legislative Research Department       144                     2008 Summary of Legislation
                                                                                      sb 21 (Cont.)


      ● Executive Director of the State Board of Healing Arts (appointed by the State Board of
        Healing Arts);


      ● Director of the Kansas Bureau of Investigation (appointed by the Attorney General);


      ● Director of Property Valuation (appointed by the Secretary of Revenue);


      ● Director of Alcoholic Beverage Control (appointed by the Secretary of Revenue); and


      ● Executive Director of the Kansas Health Policy Authority (appointed by the Kansas
        Health Policy Authority).
sb 21
Driver’s License Photograph fees—sb 23

       sb 23 increases the photo fees for a driver’s license by the Department of Revenue from
$4 to not more than $8. In addition, the bill requires payment of a photo fee for the cost of a
photograph to be placed on an identification card. The bill allows moneys deposited in the Photo
Fee Fund to be used for the administration and operation, including equipment, associated with
the issuance of licenses to carry concealed weapons as well as issuance of driver’s licenses and
identification cards. The effective date of the bill will be January 1, 2009.
sb 23
Kansas Governmental Operations accountability Law—sub. for sub. for Hb 316

       sub. for sub. for sb 316 expands K-GOAL to provide accountability for any state agency
or state program. In the bill, each state agency or program will be subject to audit, review, and
evaluation under K-GOAL as determined by the Legislative Post Audit Committee. The Committee
is to direct the Post Auditor to conduct at least four audits each year under K-GOAL.


       The bill specifies that the agencies or programs to be audited and the scope of the audits
will be selected from a list provided to the Committee by the Legislative Post Auditor. Audit topics
are to come from interested parties, including the general public. Each performance audit must
be completed by December 1 for review by the Legislature during the next regular session.


      Under the bill, each audit must include a determination of the following factors:


      ● Whether the agency is still needed;


      ● Whether another federal, state, local, or private agency exists that could effectively
        perform the functions of the agency or program;




Kansas Legislative Research Department        145                      2008 Summary of Legislation
                                                                  sub. for sub. for sb 316 (Cont.)


     ● Whether the agency or program can be operated more efficiently and still fulfill its
       intended purpose; and


     ● Whether there are any other factors determined by the Post Auditor or directed by the
       Committee that are needed for the audit.


      The bill authorizes the Senate Ways and Means Committee, the House of Representatives
Appropriations Committee, the Legislative Budget Committee or committees as determined by
the Legislative Coordinating Council to review and evaluate the operations of the state agency or
program that is audited under K-GOAL.
sub. for sub. for sb 316
Kansas Taxpayer Transparency Act

      The bill enacts the Kansas Taxpayer Transparency Act, requiring the Secretary of
Administration (Secretary) to create a searchable website where the public can access certain
state and local revenue and expenditure information.


      The initial website will have to be established by March 1, 2009. The bill also creates the
Public Finance Transparency Board (Board) to provide advice and consultation to the Secretary
regarding implementation of the Act.


      The Secretary is required to develop and operate, by March 1, 2009, a website that will
include:


     ● Annual expenditures, as determined by the Secretary and as available from the central
       accounting and state payroll systems, including at least:


         ◦   Disbursements by state agencies from funds in the State Treasury;


         ◦   Salaries and wages including compensation paid to individual state employees;


         ◦   Contractual services, capital outlay, and commodities including amounts paid to
             individual vendors;


         ◦   Capital improvements;


         ◦   Bond debt payments and debt service including amounts of bond principal paid,
             bond interest paid, and sources of funds paid for individual bond issues;




 Kansas Legislative Research Department       146                    2008 Summary of Legislation
                                                                    sub. for sub. for sb 316 (Cont.)


         ◦   Aid to local units of government including amounts paid to units for identifiable aid
             programs; and


         ◦   Other assistance and benefits.


     ● Annual revenue as determined by the Secretary and as available from the central
       accounting and state payroll systems, including at least:


         ◦   Receipts or deposits into the State Treasury by state agencies;


         ◦   Taxes including compulsory contributions imposed by the State in order to finance
             services;


         ◦   Agency earnings including amounts collected by agencies for merchandise sold,
             services performed, licenses and permits issued, or regulation;


         ◦   Revenue realized from the use of money and property including compensation for
             the use of state-owned money and property;


         ◦   Gifts, donations and federal grants including amounts received from public and
             private entities to aid in support of a specific function or other governmental activity;
             and


         ◦   Other revenue and non-revenue receipts.


     ● Annual bonded indebtedness of state and local entities including at least the total
       original obligation stated in terms of principal and interest, the term of the obligation, the
       source of funding for repayment, the amount of principal and interest previously paid,
       the outstanding balance, any refinancing of the obligation and the statutory authority
       for the issuance.


     ● Other relevant information specified by the Secretary after consultation with the
       Board.


     The website must include data for fiscal year 2003 and each subsequent year. Data will
have to be retained on the website for at least ten years. Each fiscal year’s data in the central
accounting and state payroll systems must be available on the website within 45 days after the
end of the fiscal year.




Kansas Legislative Research Department         147                      2008 Summary of Legislation
                                                                    sub. for sub. for sb 316 (Cont.)


       The Secretary is required to adopt policies and procedures to implement the Act. Specifically,
the Secretary is authorized to develop policies and procedures for making available data from
sources other than the central accounting and payroll systems. The Secretary is not required to
make available information that is not contained in the central accounting and payroll systems at
the time of initial implementation of the website. State agencies are required to provide information
requested by the Secretary that is necessary to fulfill the purposes of the Act.


      The bill creates the Public Finance Transparency Board to advise and consult with the
Secretary regarding the website’s content, format and reports to be produced on the website. The
Board also must advise the Secretary in regard to incorporation of additional information from any
other source available to the Secretary. The Board consists of the following members, or their
designees:


     ● The Secretary, who must serve as the Chairperson;


     ● The Director of Accounts and Reports;


     ● Chief executive officers of two state agencies appointed by the Governor;


     ● The Legislative Post Auditor;


     ● The State Archivist; and


     ● The Director of the Legislative Research Department.


      Other members of the Board include:


     ● Four members of the public (two appointed by the Governor and one each appointed by
       the President and the Speaker); and


     ● Four legislators (one each appointed by the Speaker and Minority Leader of the House
       and the President and Minority Leader of the Senate).


     Legislators and members of the public who serve on the Board may be compensated, and
reimbursed for expenses, for attendance at Board meetings.


      The Board annually must elect a Vice-Chairperson and a Secretary. Eight members of the
Board constitute a quorum and the affirmative vote of eight members would be required for action
of the Board. The Board is required to meet at least twice during each fiscal year.




 Kansas Legislative Research Department         148                     2008 Summary of Legislation
                                                                    sub. for sub. for sb 316 (Cont.)


      The Board is required to seek advice from the general public; professional associations;
and academic groups, institutions and individuals with knowledge of and interest in areas of
public information access, gateway services, add-on services and electronic information. All state
agencies are required to cooperate with the Board by providing any assistance requested.


      The Act expires on June 30, 2014.
sub. for sub. for sb 316
Kansas Performance Measurement Commission

     The bill creates the Kansas Performance Measurement Commission, an 11-member
body that would be authorized to contract with a private consultant to design a performance
measurement management system for the State. The system is required to have the following
elements and characteristics:


      ● Generate data-driven information to help legislators assess the effectiveness of state
        programs;


      ● Contain recommendations to implement long-range planning for state programs;


      ● Include an assessment of the current efficiency and effectiveness of state programs;
        and


      ● Include an assessment of the degree to which state program activities are consistent
        with the mission of the program.


       Six members of the Commission are to be legislators, appointed by legislative leadership;
one member will be appointed by the Chairperson of the Kansas Board of Regents; one member
will be appointed by the Chief Justice of the Kansas Supreme Court; and three members will be
appointed by the Governor. The bill requires that members be appointed and the first meeting
held within 45 days after the effective date of the act.


      The Commission must submit a final report of its recommendations by January 1, 2009, to
the 2009 Legislature. The Commission is abolished on July 1, 2009.


      The bill took effect upon publication in the Kansas Register.
sub. for sub. for sb 316
New Housing Grants Program for Disaster areas and Other areas—sb 417

      sb 417 provides $32.0 million, or $4.0 million annually, beginning in FY 2008 (this fiscal
year), transferred over seven fiscal year for housing grants, initially targeting cities and counties
that suffered recent disasters, and later expanding eligibility in FY 2011 to include rural cities



Kansas Legislative Research Department         149                     2008 Summary of Legislation
                                                                                        sb 417 (Cont.)


and counties. The Kansas Housing Resources Corporation of the Kansas Development Finance
Authority is designated to implement and administer a grant program for cities and counties. The
program is incorporated into the Rural Housing Incentive District Act . The program must conform
with public notice and hearing requirements prescribed in KSA 12-5245 and 12-5246 before local
plans can be adopted.


       The bill allows cities and counties located within counties covered by two federal disaster
declarations, either FEMA-1711-DR or FEMA-1699, to designate an area as a rural housing
incentive district. The bill initially limits grants to cities and counties in designated disaster areas
until June 30, 2010. On and after July 1, 2010, grant funds will be available for rural cities
and counties meeting a population requirement. In order for a city or county to be eligible to
receive a grant, it will have to provide matching funds of at least 10.0 percent for construction
or rehabilitation of infrastructure projects as defined in the bill, and at least 50.0 percent for any
other type of project. The bill limits grant awards to $25,000 for single-family residential dwellings.
Cities and counties receiving grant money will be required to submit annual performance reports
to the Kansas Housing Resources Corporation regarding their use of grant funds.


       The bill became effective upon its publication in the Kansas Register. Initial financing will be
transferred from the State General Fund to the State Housing Trust Fund during FY 2008 which
ends on June 30, 2008. Beginning in FY 2009, transfers of $4.0 million annually will be made
from the State General Fund until FY 2015, for total transfers of $32.0 million to the State Housing
Trust Fund. The provision establishing the housing grants program will expire on July 1, 2015
(after FY 2015, which ends on June 30, 2015).
sb 417
Pooled Money Investment board Investments—sb 472

     sb 472 amends the law governing the investments of the Pooled Money Investment Board
(PMIB) to allow the PMIB director to invest in corporate bonds which have received one of the two
highest credit ratings by a nationally recognized investment rating firm.
sb 472
expanded Lottery act Revenues fund, Other Related
 funds and expenditures—sb 534

       sb 534, the 2008 mega appropriations bill, contains language that transfers certain gaming
revenues received by the Expanded Lottery Act Revenues Fund (ELARF). The 2007 Legislature
in SB 66, which established the expanded gaming provisions for state-owned racinos and
casinos, also created the ELARF to receive the state’s share of the revenues after disposition
of operating expenses and statutory transfers of all other money collected. SB 66 also provided
for three statutory uses for which money in the ELARF could be used: ad valorem property tax,
infrastructure improvements, and debt relief.


      The Governor’s Budget Report for FY 2009 estimated revenues of $81.8 million in FY 2008
and FY 2009 that would be deposited in the ELARF. Because of delays in awarding contracts
for racinos, and in other legal issues directly affecting casinos and indirectly the racinos, the



 Kansas Legislative Research Department          150                      2008 Summary of Legislation
                                                                                     sb 534 (Cont.)


amount of money that is estimated to be received by the ELARF in FY 2008 and FY 2009 has
been revised as of April 7, 2008. None of the amount estimated in FY 2008 will be received and
the estimate is $0 this fiscal year. The revised FY 2009 estimate for revenues to the ELARF in
FY 2009 is $57.9 million as of April 7, 2008, and is contingent upon a favorable State Supreme
Court ruling.


       SB 534 deletes the Governor’s recommended expenditures of $81.4 million in FY 2009
and replaces an amount of $40.5 million recommended for bond principal and interest payments
with a like amount of financing in FY 2009 from the State General Fund. In addition, two other
projects recommended by the Governor will receive partial State General Fund financing in FY
2009 instead of from the ELARF financing. First, the Adjutant General’s capital improvement
project for $4.0 million recommended by the Governor from ELARF for a regional training center
project was allocated of $100,000 from the State General Fund in FY 2009 for planning and
other logistics associated with site selection for the proposed new facility. The Kansas Bureau of
Investigation’s (KBI) capital improvement project for $250,000 recommended by the Governor
from the ELARF related to site planning and property acquisition was allocated $50,000 from the
State General Fund in FY 2009 to complete acquisition of property on the KBI block.


       Finally, a third project recommended by the Governor for $1.0 million in FY 2009 with the
ELARF financing for the KU School of Pharmacy expansion project was approved with $6.0
million ($1.0 million for planning and $5.0 million for the project’s first year funding), all from
the State General Fund, in FY 2009. An additional $22.5 million from the School of Pharmacy
Expansion Project Fund also was approved in FY 2010 and in FY 2011, for a grand total of $51.0
million in financing for the School of Pharmacy expansion over three fiscal years.


      SB 534 provides for the transfer of $5,000,000 from the State Infrastructure Reserve Fund
to the State General Fund in FY 2009, or whenever money is available after transfers from the
ELARF to the reserve fund. The bill also provides for transfers of $22,500,000 from the State
Infrastructure Reserve Fund to the School of Pharmacy Expansion Project Fund in both FY
2010 and FY 2011, or whenever money is available in each fiscal year after transfers from the
ELARF to the reserve fund.
sb 534
Open Records act—sb 702

      sb 702 extends 14 statutory exceptions to the Open Records Act until July 15, 2009, in
order for legislative reviews of each provision to be completed.
sb 702
Vehicle Database Modernization—senate sub. for Hb 2542

       senate sub. for Hb 2542 finances the integration and modernization of the Vehicle
Information Processing System (VIPS), the Kansas Drivers’ License System (KDLS), and the
Kansas Vehicle Inventory System (KVIS) of the Division of Vehicles in the Department of Revenue.
The Vehicle Information Processing System, which has been in operation for twenty years, is
utilized by the Division of Vehicles and county treasurers to process and maintain vehicle title and



Kansas Legislative Research Department        151                      2008 Summary of Legislation
                                                                   senate sub. for Hb 2542 (Cont.)


registration transactions. The Kansas Drivers’ License System, which is over seventeen years
old, holds licenses and identification documents for 1.8 million drivers and maintains changes to
driving privileges on individual driver records. The Kansas Vehicle Inventory System, which is
over fourteen years old, is used by the Department of Revenue to supply counties with plates,
decals, 30-day permits, and placards. The bill creates the Division of Vehicles Modernization
Fund that is to be used solely for the creation and maintenance of the new system. The bill
authorizes a $4 surcharge paid at the time of vehicle registration. Revenue from the surcharge
is to be deposited in the Modernization Fund. The registration of fleet vehicles is exempt from
the surcharge. The surcharge becomes effective on January 1, 2009, and lasts for four calendar
years, expiring on January 1, 2013.
senate sub. for Hb 2542

Wildlife and Parks Nonrestricted fund—Creation—Hb 2587

      Hb 2587 establishes statutorily the Wildlife and Parks Nonrestricted Fund in the State
Treasury and provides for disposition of receipts and expenditures, subject to appropriation by
the Legislature. The new fund retains interest earned on its balance.


acquiring state architectural and engineering services—Hb 2744

      Hb 2744 consolidates a number of different statutes pertaining to requirements for
architectural, engineering and land surveying-design services for state agencies. The consolidation
provides a common set of requirements for the various professions in doing business with state
agencies. The bill eliminates statutory fees prescribed for architect, engineer and land surveyor
services that are provided to state agencies, and replaces those statutory fees with fee guidelines
to be developed by the Secretary of Administration, in consultation with the Joint Committee on
State Building Construction. The Secretary of Administration is required periodically to modify the
fee guidelines, also in consultation with the Joint Committee.
Hb 2744
Capitol Complex security—Hb 2905

       Hb 2905 requires each state agency housed in the Capitol, the Kansas Judicial Center,
and the Docking, Landon, Curtis, and Eisenhower State Office Buildings to designate a security
liaison. The security liaison’s duties will include these:


     ● Working with the Kansas Highway Patrol’s Capitol Police office to facilitate communication
       on security issues;


     ● Collecting and disseminating security information to other agency employees; and


     ● Serving as a contact point for agency employees who have security concerns.
Hb 2905




 Kansas Legislative Research Department        152                     2008 Summary of Legislation
                                                                                   Hb 2905 (Cont.)


      The Kansas Highway Patrol will have authority to adopt rules and regulations to administer
the Capitol Complex security liaison provisions. The bill also requires the Kansas Highway Patrol
to make its best practices and policies related to security issues available to all state agencies,
regardless of their location.


      The bill further requires each office in the Capitol to have a unique office number.
Hb 2905
Kansas Open Meetings act—senate sub. for Hb 2947

      senate sub. for Hb 2947 deals with the Kansas Open Meetings Act (KORA).


      The bill defines “meeting” under the KORA as any gathering or assembly in person or
through the use of a telephone or any other medium or any other interactive communication by a
majority of the membership of a body or agency subject to the Act for the purpose of discussing
the business or affairs of the body or agency.


      The bill requires all meetings in a series to be open if they collectively involve a majority
of the membership of the body or agency, share a common topic of discussion concerning the
business or affairs of the body or agency, and are intended by any or all of the participants
to reach agreement on a matter that would require binding action to be taken by the body or
agency. Exempted from this provision would be legislative meetings as provided by Article 2,
Section 22 of the Kansas Constitution.


     The penalty imposed under KSA 75-4320 for violation of KORA as defined by this Act
would not be imposed prior to July 1, 2009 (penalty not to exceed $500).
senate sub. for Hb 2947
                                           TaXaTION


Property Tax Lid—secretary of Revenue to seek Declaratory Judgment—sR
1836

      sR 1836 directs the Secretary of Revenue to seek a declaratory judgment in court as to
whether the Tax Reform and Relief Act of 1999 and KSA 79-5040 suspended certain procedural
requirements relating to the property tax levy limits of local taxing subdivisions.


      The resolution also notes that such a determination by the court (that certain election and
other requirements were suspended along with the levy limits) would reinforce legislative intent
from 1999 and create “a consistent and common sense interpretation of the law.”
sR 1836




Kansas Legislative Research Department        153                     2008 Summary of Legislation
state Court of Tax appeals—Creation—sub. for Hb 2018

      sub. for Hb 2018 renames the State Board of Tax Appeals (BOTA) the State Court of Tax
Appeals (COTA) and makes a number of other changes relative to the composition and duties
of that entity, which is construed to be an administrative law court within the executive branch of
government. Various sections provide for the transfer of all jurisdiction, rights, powers, duties, and
functions of BOTA to COTA.


      In addition to the three board members, who are renamed as “tax law judges,” the bill
creates a new position, chief hearing officer. The chief hearing officer, who will serve as a judge
pro tempore of the Court, will be appointed by the Governor and subject to Senate confirmation
(as were members of BOTA under prior law and as will be judges of COTA under the new law).


       Any member of BOTA appointed prior to July 1, 2008 may continue to serve as a judge until
his or her term expires. Additional language clarifies that the Governor may reappoint any judge,
including the chief hearing officer, to additional four-year terms. All judges and the chief hearing
officer are required to be selected with special reference to tax, legal, or accounting training and
experience. Existing requirements that at least one member be a certified public accountant and
another be a lawyer are retained relative to the judges.


     A prohibition against more than one member from any congressional district is retained
but modified such that it may be waived if the Governor, after exercising due diligence, has been
unable to find a qualified replacement within 90 days of a vacancy.


       The current small claims division of BOTA is renamed the “small claims and expedited
hearings division” of COTA. The chief hearing officer will be responsible for appointing hearing
officers of this division.


      A previous prohibition against filing fees being imposed for certain single-family residential
cases is relaxed such that a filing fee of up to $35 may be charged for appeals of decisions of the
small claims and expedited hearings division to the full COTA.


      The Kansas Court of Appeals will have jurisdiction for review of most final COTA orders
(except for certain no-fund warrant proceedings). Prior law provided that district courts were to
conduct any reviews of BOTA decisions relating to the valuation or assessment of all non-state-
appraised property. Additional language clarifies that votes of two judges are required for any final
order of COTA.


       A final provision clarifies that the Court of Appeals will have jurisdiction for review of most
final orders issued after June 30, 2008.
sub. for Hb 2018




 Kansas Legislative Research Department         154                      2008 Summary of Legislation
Tax Provisions—Various—senate sub. for Hb 2434

      senate sub. for Hb 2434 makes a number of changes in property tax, income tax, and
sales tax law.


PROPERTY TAX PROVISIONS

Property Tax Exemptions—Beds, Bodies, and Boxes

       The bill clarifies that the property tax exemption for farm machinery and equipment
includes certain beds, bodies, and boxes attached to motor vehicles actually and regularly used
for farming or ranching operations. The bill also clarifies that beds, bodies, and boxes attached
to motor vehicles (except those attached by manufacturers) are to be classified for property
taxation purposes as commercial and industrial machinery and equipment.
senate sub. for Hb 2434
Prohibition Against Certain Property Reclassification

      The bill further prevents counties from changing classification of certain property from
commercial and industrial machinery and equipment to commercial real property for purposes
of receiving certain increased state aid payments.


Assessed Valuation Penalties—Late Filing by Utilities

      Additional provisions in the bill enact assessed valuation penalties for the late filing of
certain property tax returns public utilities are required to file with the Director of Property
Valuation, and for any property of public utilities which has escaped taxation.


      Generally, the late-filing penalty up to the first five months is equivalent to an additional
five percent per month of assessed valuation or an additional $100,000 of assessed valuation,
whichever is less. Utilities may be granted one extension of time up to 30 days for good cause
shown.


       The penalty for failing to file within one year of the current statutory deadline (March 20)
is an additional 50 percent of assessed valuation or $1 million of assessed valuation, whichever
is less.


       The penalty for escaped property (which has been discovered after valuations have been
certified to county clerks) also is set at the lesser of 50 percent of assessed valuation or $1.0
million for each tax year. The Director is granted authority to abate or reduce escaped property
penalties for just cause shown.




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                                                                    senate sub. for Hb 2434 (Cont.)


Mill Levy Computation and Exemption Requests

      Additional language in the bill requires county appraisers to notify county clerks when
property tax exemption applications have been filed to help assure that the clerks do not utilize
the valuation of the property in question when computing mill levies. A similar provision requires
the Director to notify county clerks relative to exemption requests of public utilities.


Property Tax Exemption for All Other
 Tangible Personal Property

      Another section of the bill provides a property tax exemption, effective in tax year 2009, for
certain property classified as “all other tangible personal property” which has a purchase price of
$750 or less.


      An additional provision clarifies that taxpayers are not required to file for this exemption at
the State Board of Tax Appeals (SBOTA).


Property Tax Exemption—Certain Single-Parent Family Housing

       The bill also adds a section to exempt certain real and personal property that is used for
housing low-income single-parent families. The property must be used by a religious or charitable
organization exclusively for the temporary housing (24 months or less) of limited or low-income
single-parent families in need of financial assistance. The single parent must be enrolled in a life-
training skills program. The provisions of this portion of the bill are retroactive to tax year 2007.


Homestead Provisions

      Another provision excludes from the definition of “income” for homestead property tax
refunds those Social Security payments received by individuals who have been receiving Social
Security disability payments prior to attaining the age of retirement. This language effectively
implements a grandfather clause to assure that disabled individuals will not see their Homestead
refunds reduced by virtue of having reached retirement age.


Higher Education Exemption Clarification

       Additional language clarifies the existing property tax law to provide that certain real and
personal property leased and used for research and development at a postsecondary educational
institution will retain exempt status.


     These provisions provide an exemption for real and personal property that is owned by
postsecondary educational institutions or by the Board of Regents on behalf of the postsecondary
educational institutions. The exemption also applies when a postsecondary educational institution’s
property is leased by a for-profit company and is actually and regularly used exclusively for



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                                                                  senate sub. for Hb 2434 (Cont.)


research and development purposes, provided any rental income received by the postsecondary
educational institution would be used exclusively for educational or scientific purposes. A
five-year limit also is placed on the duration of the lease or occupancy of the postsecondary
educational institution’s property for purposes of qualifying for the exemption.


     An additional exemption is extended to buildings and personal property located
on property of the University of Kansas or a related endowment association and owned or
operated by a Kansas not-for-profit entity for the purpose of strategic technology acquisition and
commercialization incubation.


INCOME TAX PROVISIONS

Corporation Income Tax Rate and
 Apportionment Provisions

       New language provides for greater apportionment of business income, effective in tax year
2008, by authorizing the state to use the functional test (in addition to the current transactional
test) as a method for identifying such income. Prior Kansas law had been interpreted as providing
only the transactional test.


      A second new corporation income tax provision clarifies the definition of gross receipts to
prevent companies from utilizing “income churning” – a practice that inflates the denominator of
the sales factor of the apportionment formula by including certain extraordinary items.


     Finally, the top corporation income tax rate, which is effective for taxable incomes above
$50,000, is reduced from 7.35 percent to 7.10 percent, effective for tax year 2008; to 7.05
percent for tax years 2009 and 2010; and to 7.00 percent for tax year 2011 and thereafter.


E-Filing Provisions

      One e-filing provision reduces from $100,000 to $45,000 the minimum annual level of
sales and withholding tax remittances beyond which electronic filing may be mandated.


      A second stipulation requires paid individual income tax preparers submitting 50 or more
returns per year to file at least 90 percent of such returns electronically. This requirement
may be waived for paid preparers who successfully demonstrate a hardship to the Secretary of
Revenue.


Individual Income Tax—Reciprocity

      One provision of the bill disallows a Kansas individual income tax deduction relative to
certain property tax and assessments paid in other states by residents of those states when such
states have similarly prevented Kansas residents from claiming property taxes and assessments



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                                                                    senate sub. for Hb 2434 (Cont.)


paid in Kansas as income tax deductions. The disallowance, which is structured as an “addition
modification” to federal adjusted gross income prior to the determination of Kansas adjusted
gross income, is retroactive to tax year 2007.


Income Tax Credits—Disaster Relief

      The bill also provides income, premiums or privilege tax credits for certain qualified capital
investments made in businesses located in and around nine cities (Chanute, Coffeyville, Erie,
Fredonia, Greensburg, Independence, Iola, Neodesha, and Osawatomie) damaged during two
specific federal disaster declarations in 2007.


       Qualified capital investments, which are defined to include investments in “construction,
equipment, reconstruction, repair, enlargement, furnishing or remodeling of real property” as
well as the “purchase, lease or repair of tangible personal property,” will exclude investments in
“inventory or property held for sale in the ordinary course of business.” The credits, which are
limited to a maximum of $100,000 for each taxpayer, are available relative to investments in
businesses located within the city limits of the nine cities, as well as businesses located up to one
mile outside of such limits.


     Taxpayers generally will be able for tax years 2008-2010 to claim non-refundable credits
equivalent to 10 percent of the qualified capital investments; or refundable credits equivalent to 5
percent of such investments. All credits will be reduced by amounts equal to assistance payments
taxpayers previously had received pursuant to the provisions of KSA 75-3713e or the Southeast
Kansas Business Restoration Assistance Program approved by the State Finance Council.


      The maximum amount of credits is capped at $5.0 million for any given year.


SAFE Senior Tax Credit Provisions

      The bill also enacts the Selective Assistance for Effective Senior Relief (“SAFE Senior”) Act,
which provides a refundable income tax credit beginning in tax year 2008 that will be available to
certain senior citizens to help reimburse a portion of property taxes paid on their homesteads.


      Those taxpayers age 65 or older with household income of 120 percent or less of the
federal poverty level for two persons (currently $16,800) are eligible to claim the tax credit, which
is equivalent to 45 percent of property taxes actually and timely paid on real or personal property
used for residential purposes which was also their principal place of residence. Beginning in tax
year 2011, the credit increases to 75 percent of such amount.


      The SAFE Senior credit is supplemental to the Homestead Property Tax Refund Act, and
taxpayers may not claim the credit for a given tax year if they have also claimed a Homestead
refund.




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                                                                  senate sub. for Hb 2434 (Cont.)


      “Household income” is defined to mean all income, including payments received under
the federal Social Security Act, received by all persons of a household in a calendar year while
members of such household.


SALES TAX PROVISIONS

      Additional language extends a sales tax exemption by one year relative to certain purchases
incurred in the restoration or reconstruction of business facilities located in Kiowa County that
were damaged by severe weather in 2007. The project exemption certificates must have been
obtained prior to June 30, 2009 (as opposed to June 30, 2008 under prior law).


      New sales tax exemptions are provided for entry or participation fees, charges or tickets
by Guadalupe Health Foundation for such group’s annual fund-raising event for the purpose
of providing health care services for uninsured workers; and for purchases by or on behalf of
Wayside Waifs, Inc., relative to an annual fund-raising event to support the care of homeless
and abandoned animals, animal adoption efforts, education programs for children, efforts to
reduce animal over-population, and animal welfare services, as well as all sales by or on behalf
of such group (including entry or participation fees or charges).


       The bill also provides a sales tax exemption relative to certain purchases incurred in the
construction, reconstruction, enlarging, or remodeling of business facilities located in counties
declared to be disaster areas pursuant to Presidential Disaster Declaration DR 1711, provided
such facilities were damaged or destroyed by flooding or other severe weather. Project exemption
certificates must be obtained within 60 days of the effective date of the legislation (publication
in the Kansas Register).


     The provisions of the bill with an identifiable fiscal note are expected to have the following
impact on receipts:

                                          ($ in millions)

                                                                                           5-yr
                             FY 09       FY 10        FY 11        FY 12       FY 13       Total
Homestead                     -0.400      -0.400       -0.400       -0.400      -0.400       -2.00
Guadalupe Health              -0.011      -0.011       -0.012       -0.012      -0.013      -0.059
Wayside Waifs                 -0.008      -0.008       -0.009       -0.009      -0.009      -0.043
Income Churning               2.500       2.500         2.500        2.500      2.500      12.500
Disaster Income Tax           -5.000      -5.000       -5.000        0.000      0.000      -15.000
E-Filing Provisions           1.000       1.000         1.000        1.000      1.000       5.000
SAFE Senior Credit            -2.040      -2.040       -2.040       -3.400      -3.400     -12.920
Disaster Sales Tax            -2.600      0.000         0.000        0.000      0.000       -2.600
Funct., Trans. Tests         20.000      20.000       20.000       20.000      20.000     100.000
Top Crop Rate               -13.300      -15.900      -15.900      -18.600    -18.600      -82.300
Total of These Provisions     0.141       0.141         0.139        1.079      1.078       2.578



Kansas Legislative Research Department        159                     2008 Summary of Legislation
senate sub for Hb 2434
Property Tax—Liability for Certain Convertible Land—Hb 2520

       Hb 2520 clarifies that condominium developers, as opposed to owners of previously built
units, are responsible for property taxes owed on “convertible land” that is to be utilized to develop
future units.
Hb 2520
Tax-based financing of Capital Improvements—senate sub. for Hb 2590

      senate sub. for Hb 2590 provides for the financing of certain capital improvement and
other projects in various counties.


      Brown County is granted additional authority of up to 1.0 percent for construction of a new
correctional facility. Barton County is granted additional authority of up to 0.5 percent for roadway
and bridge construction and infrastructure development. Butler County is granted additional
authority of up to 1.0 percent for public safety capital projects or bridge and roadway construction.
Jefferson County is granted additional authority of 0.25 percent to finance the county’s obligation
as participating employer in the Kansas Public Employees Retirement System for certain eligible
police and firefighters. Wilson County is granted additional local sales tax authority of up to 1.0
percent to finance roadway construction and improvements to federal highways, the development
of a new industrial park, and other public infrastructure improvements.


      Any such taxes imposed in all counties first require the approval of voters. The Barton
County tax, which will be shared with cities, will sunset in 10 years. Taxes in the other four
counties, which will not be shared with cities, will sunset once payment of all costs incurred in
financing the different projects or revenue bonds were paid. Relative to Wilson County, the bill
also authorizes the Kansas Development Finance Authority (KDFA) to issue up to $8.0 million in
revenue bonds for utility and infrastructure facility projects and for certain transportation projects.
The bill further creates the Wilson County Capital Improvements Fund (WCCIF) into which all
sales tax monies will be deposited from any tax imposed in that county. All expenditures from the
WCCIF are required to pay all costs associated with any revenue bonds issued by KDFA relative
to the improvement projects.


      An additional section provides for the transfer to the WCCIF of severance tax receipts that
under prior law would have been set aside for the county’s special trust account until such time as
the costs associated with the KDFA revenue bonds have been paid.
senate sub. for Hb 2590
                       TRaNsPORTaTION aND MOTOR VeHICLes


Kansas air Passenger support fund—House sub. for sb 359

      House sub. for sb 359 authorizes the Secretary of Transportation to participate for a period
of two years in an air passenger service support agreement with the Manhattan Area Chamber



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                                                                     House sub. for sb 359 (Cont.)


of Commerce, Inc. The bill appropriates funding from a new fund, the North Central Kansas Air
Passenger Service Support Fund in the State Treasury, for the purpose of making payments for
air passenger service at the Manhattan regional airport. Payments from the new fund could be
made by the Secretary of Transportation to an airline that is a party to an air passenger service
support agreement and serving the Manhattan Regional Airport if flights during any quarter are
filled to less than 70 percent of capacity or as determined in a formula for a load factor, pursuant
to a support agreement.


       Payments up to $1,000,000 annually are authorized from the new fund in FY 2009 and
FY 2010, but only after the Manhattan Area Chamber of Commerce, Inc., first makes payments
of $250,000 or more in each fiscal year for air passenger support. The bill authorizes transfers
of up to $1,000,000 each fiscal year, to be certified by the Secretary of Transportation, from
the Public Use General Aviation Airport Development Fund for the purpose of capitalizing the
North Central Kansas Air Passenger Service Support Fund. Transfers could take place only
after support agreement requirements were met each fiscal year.
House sub. for sb 359
single state Registration system—sb 462

      sb 462 amends existing law regarding fees paid by motor carriers by replacing references
to repealed federal statute 49 U.S.C. 14504 (the Single State Registration System) with reference
to the current federal statute, 49 U.S.C. 14504a (the Unified Carrier Registration System).


KCC Impounded Vehicles—sb 509

      sb 509 amends state law to allow the Kansas Corporation Commission (KCC) to dispose
of vehicles impounded from motor carriers and later abandoned by those carriers. The bill
further requires the KCC to follow the requirements of KSA 8-1102 for notice to vehicle owners
and lien holders before disposing of an impounded vehicle, and it directs the KCC to deposit net
proceeds into the State General Fund.
sb 509
Payments to County Treasurers—sb 521

      sb 521 amends existing law governing payments to county treasurers for vehicle titling
and registration.


       Vehicles subject to Lien. When a vehicle buyer applies for a title for any motor vehicle
subject to a lien, the county treasurer will be required to collect from the applicant a $1.50 fee
for processing and mailing a copy of the title application to the lienholder. (Formerly this fee was
collected from the lienholder.)


       Payments for Registration. The bill amends current law when a check for the payment
of the annual license fee for the registration of motor vehicles and motorcycles is returned due
to insufficient funds. The bill replaces the term “check” with “payment instrument” issued not only




Kansas Legislative Research Department        161                      2008 Summary of Legislation
                                                                                       sb 521 (Cont.)


by banks (as stated in current law) but other financial institutions, as well. The bill also adds the
rejection or reversal of a credit card transaction to the provisions applying to the return of payment
for insufficient funds. The term “payment instrument” is defined in KSA 9-508 as “any electronic or
written check, draft, money order, travelers check or other electronic written instrument or order
for the transmission or payment money, sold or issued to one or more persons, whether or not
such instrument is negotiable.”
sb 521
fleet Registration for Certain Commercial Vehicles—sb 522

      sb 522 amends state law to allow certain commercial fleet vehicles weighing more than
26,000 pounds that are not driven out of the state to participate in the fleet registration process.
(Current state law [KSA 2007 Supp. 8-1,152] allows commercial fleets of 250 or more motor
vehicles of between 12,000 and 26,000 pounds that meet additional requirements to participate.)
In addition, the bill provides that the unused registration fee could be transferred to another fleet
motor vehicle that is registered at the same or greater weight.
sb 522
Great Plains Indian Highway—sb 523

     sb 523 designates a portion of Kansas Highway 25 as the Great Plains Indian Highway.
The designation will be on Kansas Highway 25 from the Nebraska state line to Interstate Highway
70. The bill also:


      ● Requires the Secretary of Transportation to place the signs along the highway right-of-
        way at proper intervals to indicate the designation;
sb 523
     ● Prohibits the signs from being erected until the Secretary has received sufficient moneys
       from gifts and donations to reimburse the Secretary for the cost of placing the signs and
       an additional 50 percent of the initial cost to defray future maintenance or replacement
       of the signs; and


      ● Allows the Secretary to accept and administer gifts and donations to aid in obtaining and
        installing suitable signs.
sb 523
Highways—Memorial Highways—Hb 2071

      Hb 2071 designates portions of six highways as memorial highways.


Civil War Memorial Highway

     The bill designates that portion of United States Highway 169 from the southern boundary
of Anderson County, then north to the southern city limits of the City of Olathe as the Civil War
Memorial Highway.




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                                                                                   Hb 2071 (Cont.)


spanish-american War Veterans Memorial Highway

     The bill designates from the junction of United States Highway 160 with United States
Highway 83, then west on United States Highway 160 to the Kansas-Colorado border as the
Spanish-American War Memorial Highway.


World War II Veterans Memorial Highway

      The bill designates from the junction of United States Highway 24 with United States
Highway 281, then west on United States Highway 24 to the junction of United States Highway
24 with United States Highway 83 as the World War II Veterans Memorial Highway.
Hb 2071
Korean War Veterans Memorial Highway

      The bill designates from the junction of K-4 Highway with United States Highway 281,
then west on K-4 Highway to the junction of K-4 Highway with United States Highway 83 as the
Korean War Veterans Memorial Highway.


Persian Gulf War Veterans Memorial Highway

      The bill designates at the beginning of K-96 from the west city limits of Great Bend, then
west on K-96 Highway to the junction of K-96 Highway and United States Highway 83 as the
Persian Gulf War Veterans Memorial Highway.


Operation Iraqi freedom Veterans Memorial Highway

      The bill designates K-156 Highway from the west city limits of Larned (the eastern terminus
of K-156) to the east city limits of Jetmore as the Operation Iraqi Freedom Veterans Memorial
Highway.


Operation enduring freedom Veterans Memorial Highway

     The bill designates K-156 Highway from the west city limits of Jetmore to the east city limits
of Garden City (the western terminus of K-156) as the Operation Enduring Freedom Veterans
Memorial Highway (New Section 7, as amended).


Implementation Provisions

      The bill requires the Secretary of Transportation to place signs along the highway right-
of-way at proper intervals to indicate the designation; receive sufficient moneys from gifts and
donations to reimburse the Secretary for the cost of placing the signs before erecting the signs;
and charge the requesters of the signs an additional 50 percent of the initial cost to defray future




Kansas Legislative Research Department        163                      2008 Summary of Legislation
                                                                                      Hb 2071 (Cont.)


maintenance or replacement costs of the signs. The Secretary may accept and administer gifts
and donations to aid in obtaining and installing suitable signs.
Hb 2071
Regulation of Micro Utility Trucks—senate sub. for Hb 2119

      senate sub. for Hb 2119 defines micro utility trucks and regulates their operation.


      The bill defines a micro utility truck as a motor vehicle that has the following characteristics
and is not a work-site utility vehicle:
senate sub. for Hb 2119
    ● Not less than 48 inches wide;


      ● An overall length, including the bumper, of not more than 144 inches;


      ● An unladen weight, including fuel and fluids, of more than 1,500 pounds;


      ● Able to exceed 40 miles per hour as originally manufactured; and


      ● Manufactured with a metal cab.


       The bill makes it unlawful to operate a micro utility truck on any interstate, federal, or state
highway (except that a micro utility truck may cross such a highway); within the corporate limits
of any city unless authorized by such city; or on any public highway or street unless the vehicle
complies with equipment requirements for lamps, brakes, and other miscellaneous equipment
(e.g., horns, mufflers).


      The bill includes a micro utility truck among nonhighway vehicles, and their owners will
therefore be required to obtain non-highway titles. Also, on the list of types of vehicles that need
not be registered, the bill replaces work-site utility vehicles with micro utility trucks.


     The bill also amends KSA 2007 Supp. 8-2118 to provide for a fine of $60 for unlawful
operation of a micro utility truck.
senate sub. for Hb 2119
state Highway fund—Hb 2491

      Hb 2491 requires the State Treasurer to transfer to the State Highway Fund all unencumbered
balances in excess of $700,000 (currently $400,000) in the Motor Carrier License Fee Fund of the
Kansas Corporation Commission. The transfers will occur on July 30 and January 30 (currently
July 2 and January 2) of each year.
Hb 2491



 Kansas Legislative Research Department          164                     2008 Summary of Legislation
Motor Vehicles/License Plates—Hb 2622

      Hb 2622 prohibits a Kansas registered vehicle from affixing any registration plate of any
year on the front of the vehicle. Current law exceptions to the restriction will continue. These
include license plates issued to a truck tractor; model year license plates attached to the front of
an antique vehicle; and personalized license plates affixed to the front of a passenger vehicle.
Hb 2622
atomic Veterans’ Memorial Highway—Hb 2659

      Hb 2659 designates U.S. Highway 400 from the east junction of U.S. Highway 400 with
U.S. Highway 77-U.S. Highway 54 to the eastern border of Butler County as the Atomic Veterans’
Memorial Highway. Signs to indicate the designation could not be erected until the Secretary
of Transportation receives sufficient funds from gifts and donations to cover the cost of placing
the signs and an additional 50.0 percent of the donated amount to cover future maintenance or
replacement of the signs.
Hb 2659
Driver’s License Destruction—Hb 2665

      Hb 2665 allows the Division of Vehicles, Kansas Department of Revenue, to destroy any
surrendered Kansas driver’s license or permit unless any other statute requires the Division to
retain the license or permit. The term “surrender” includes, but is not limited to, Kansas driver’s
licenses and permits received by the Division for certain statutory violations.
Hb 2665
Gold star Mother License Plates—Hb 2691

      Hb 2691 authorizes the issuance of a Gold Star Mother license plate to an owner or
lessee of (a) one or more passenger vehicles; (b) trucks or a gross weight of 20,000 pounds or
less; or (c) motorcycles. For these applicants the bill requires submission of satisfactory proof
to the Director of Motor Vehicles that the applicant is the mother of the person who died in good
standing on active duty in the military service. The registration or distinctive plates cannot be
transferred to any other person. Also, the bill waives the $40 fee imposed on personalized
license plates, and other minimum requirements needed to issue the plates.
Hb 2691
In God We Trust License Plates—Hb 2704

       Hb 2704 provides that on and after January 1, 2009, any owner or lessee of one or more
passenger vehicles, trucks of a gross weight of 20,000 pounds or less, or motorcycles or travel
trailers, may apply for and be issued one In God We Trust distinctive license plate for such
vehicles. The bill also:


      ● Requires the plates to be issued at the same time as other plates upon registration and
        payment of the regular license fee;




Kansas Legislative Research Department        165                      2008 Summary of Legislation
                                                                                    Hb 2704 (Cont.)


     ● Allows a license plate applicant to apply at least 60 days prior to the person’s renewal
       registration date;


     ● Prohibits the transfer of the plate to another person;


     ● Requires annual renewals to be made upon payment of the fee; and


     ● Requires license plates to have a background design, an emblem or colors that designate
       the license plate as an In God We Trust license plate.
Hb 2704
Patriot Guard Highway—Hb 2708

       Hb 2708 designates K-53 Highway as the Patriot Guard Highway. The Secretary of
Transportation is authorized to place signs along the highway right-of-way at proper intervals
to indicate the designation. The signs will not be erected until the Secretary receives sufficient
moneys from gifts and donations to reimburse the Secretary for the cost of placing the signs and
an additional 50 percent of the initial cost to defray future maintenance or replacement cost of the
signs.
Hb 2708
Vehicle Protection Products—sub. for Hb 2725

       sub. for Hb 2725 exempts vehicle protection products, as defined in the bill, from complying
with the provisions of Chapter 40—Insurance—of the Kansas Statutes Annotated. The bill defines
“vehicle protection products” as products including alarm systems, steering locks, and tracking
devices. The bill also defines, for purposes of this bill, the terms “warranty,” “warrantor,” and
“incidental costs.” The bill clarifies that adoption does not imply that a vehicle protection product
warranty has been considered insurance before this bill takes effect; specifies how incidental costs
could be reimbursed; specifies that a vehicle protection product seller or warrantor is prohibited
from requiring, as a condition of financing, that a purchaser of a motor vehicle purchase a vehicle
protection product; and specifically states that the bill’s requirements cannot be considered to be
in effect retroactively.
sub. for Hb 2725
Railroad Leases—Hb 2824

       Hb 2824 amends the Railroad Leasing Act. The bill amends the definition of “lease,” an
agreement between a railroad and a tenant, to include track leases when the railroad is a Class
II or a Class III railroad as defined by federal regulations.
Hb 2824




 Kansas Legislative Research Department         166                     2008 Summary of Legislation
Kansas Department of Transportation—Demolition of
 Housing Damaged by flood Waters—Hb 2926

       Hb 2926 authorizes the use of personnel and equipment from the Kansas Department
of Transportation (KDOT) for removal of debris from demolished housing in areas damaged by
flood waters in cities covered by FEMA-1711-DR (generally southeast Kansas). Specifically,
the bill:


      ● Allows any eligible city to request KDOT equipment and personnel as may be necessary
        to remove, haul, or transport any debris from demolished structures located within the
        boundaries of a city damaged by flood waters;


      ● Provides that upon receipt of such request by KDOT, the Department will be required to
        provide the requested equipment and personnel as the Secretary deems appropriate
        and at such time as the equipment and personnel became available according to the
        Department’s work schedule;


      ● Allows KDOT’s equipment and personnel to be furnished at no cost to the requesting
        city; and


      ● Provides that an eligible city can request removal of debris only from residential
        structures deemed unsafe, dangerous or abandoned by the city and razed by the
        city pursuant to KSA 12-1750 et seq. (Unsafe or Dangerous Structure; Abandoned
        Property) and which are located outside the 100-year flood plain.


      The bill defines “eligible city” as any city located, in whole or in part, within the boundaries
of any county designated by the United States Federal Emergency Management Agency under
major disaster declaration FEMA-1711-DR as eligible to receive individual or public assistance
from the federal government.
                                  VeTeRaNs aND MILITaRY


Veterans Preference in Hiring for Certain
 Government Positions—sub. for Hb 2562

      sub. for Hb 2562 amends the statute on veterans preference in several ways, giving
preference to veterans for initial employment and first promotion with state government and with
counties and cities, if the applicant is competent, subject to additional limitations. It also prohibits
a veterans service representative of the Kansas Commission on Veterans Affairs (KCVA) from
taking power of attorney in the name of the KCVA when assisting a veteran with a claim.




Kansas Legislative Research Department          167                       2008 Summary of Legislation
                                                                             sub. for Hb 2562 (Cont.)


Veterans Preference

      Definition of veteran. The bill amends the definition of “veteran” to clarify who will qualify
to assert the veterans preference, to include these groups:


      ● A veteran who served in the armed forces (Army, Navy, Air Force, Coast Guard and
        Marine Corps) during the time periods specified in the bill and is honorably discharged;


      ● A veteran who is honorably discharged and has a service-connected disability, has
        been issued the Purple Heart, or has been released from active service with a service-
        connected disability;


      ● The spouse of a veteran who has a 100 percent service-connected disability;


      ● The unremarried spouse of a veteran who died while, and as a result of, serving in the
        armed forces; and


      ● The spouse of a prisoner of war.


      The term “veteran” specifically excludes any person who retired from the active military with
the pay grade of 04 or above unless the person retired due to wounds received in combat or is a
disabled veteran.


      The bill also defines “competent” to mean a good faith determination that the person is likely
to successfully meet the performance standards of the position based on a reasonable person
standard. The decision-making authority must document competency factors, such as training,
education, and licensure.
sub. for Hb 2562
       Preference applicability. The bill clarifies that the veterans preference for initial employment
and first promotion with state government and with counties and cities would not apply to certain
types of jobs:


      ● An office filled by election;


      ● Persons appointed to fill vacancies in offices filled by election;


      ● The personal secretary of an elected officer or officer appointed to fill the vacancy of an
        elected officer;


      ● Temporary employees;



 Kansas Legislative Research Department          168                     2008 Summary of Legislation
                                                                           sub. for Hb 2562 (Cont.)


     ● Department heads;


     ● Positions that require licensure as a physician, an osteopathic physician, or a
       chiropractic physician;


     ● Positions that require the employee to be admitted to practice law in Kansas;


     ● Key employees specifically hired for an at-will position, or a department or agency
       head, or an individual serving as the immediate subordinate secretary or administrative
       assistant of a person holding such position, a state non-classified position, and positions
       in the unclassified service of the State, such as a position as a private secretary or
       deputy of an official department or agency who has a confidential relationship to the
       appointing or employing officer;


     ● Jobs held by a patient, inmate or student enrolled at a state institution; and


     ● Temporary or casual employment positions.


     Hiring authority Responsibilities. The bill requires certain actions from the hiring
authority:


     ● Consider experience, training, education, licensure, certification and other factors in
       determining the applicant’s overall qualification and ability to successfully meet the
       performance standards of the position;


     ● Document such factors prior to the initiation of the selection process;


     ● Include in notices of job openings, if any, that the hiring authority is subject to a veterans
       preference, how the veterans preference works, and how veterans may take advantage
       of the preference;


     ● At least 30 days prior to announcing the intent to fill a position, post a written
       statement of the qualifications for the position, any preferred qualifications for the
       position, performance standards for the position, and the process that will be used for
       selection.


     ● Openly display documents that indicate that veterans are eligible for a preference in
       their initial employment and first promotion; and




Kansas Legislative Research Department        169                      2008 Summary of Legislation
                                                                          sub. for Hb 2562 (Cont.)


     ● Send written notice served by certified mail or personal service, within 30 days of filling
       a position, to an eligible veteran who has applied for employment but was not hired that
       the veteran has not been chosen for employment and that an administrative appeal, if
       any, is available.


      Responsibilities of and Legal Remedies for the Veteran. In regard to the veterans
preference, the bill also places certain responsibilities on the veteran and specifies remedies:


     ● The veteran choosing to use veterans preference must provide the hiring authority a
       copy of the veteran’s DD-214 form (The Defense Department issues to each veteran
       a DD-214, identifying the veteran’s condition of discharge such as honorable, general,
       other than honorable, dishonorable or bad conduct).


     ● The bill authorizes an eligible veteran who alleges the state, county or city has not
       provided the veterans preference as required by this Act, after exhausting any available
       administrative remedy, to bring an action in district court. The bill authorizes reasonable
       attorney fees if a court or a jury finds the state, county or city has failed to provide the
       veterans preference to an eligible veteran.


       Relationship to federal Requirements. The bill clarifies that this Act is to be construed
to operate in harmony with federal law or a limitation provided by a federal grant if there is a
conflict.


     Post audit. The bill requires the Division of Legislative Post Audit conduct an audit of the
Kansas veterans preference law and submit an audit report at the start of the 2011 Legislative
Session.


KCVA and Power of Attorney

      The bill also amends state law on the powers and duties of the KCVA, to prohibit a veterans
service representative of the KCVA from taking power of attorney in the name of the KCVA when
assisting a veteran with a claim. The KCVA is not prohibited from assisting any veteran with any
claim in which a power of attorney is not required.
sub. for Hb 2562
Benefits for Active-Duty Military Personnel and for Veterans—senate sub. for Hb
2923

      senate sub. for Hb 2923 makes multiple changes to provisions having to do with active-
duty military personnel and with veterans.


     For active-duty military personnel, the bill:




 Kansas Legislative Research Department         170                   2008 Summary of Legislation
                                                                  senate sub. for Hb 2923 (Cont.)


     ● Increases the one time activation payment of $1,000 made to those Kansas employees
       currently on or called to full-time military duty to $1,500, and raises the wage differential
       payment from an amount not to exceed $500 gross payment per pay period to an
       amount not to exceed $1,000 gross payment per pay period.


     ● Allows a full-time military service member who has been, or will be, deployed outside
       the United States to defer all or part of the real property tax owed for the person’s
       principal place of residence in Kansas for up to two years while serving on active
       duty.


     ● Amends prior law to make military persons currently on active duty eligible for distinctive
       vehicle license plates for passenger vehicles, trucks of a gross weight of 20,000 pounds
       or less, motorcycles or travel trailers.


     For veterans, the bill:


     ● Appropriates $60,000 from the State General Fund in FY 2009 to the Kansas
       Commission on Veterans’ Affairs to fund a new position under the Administration
       Program. The Conference Committee stated its expectation that the person hired for
       the position to be funded would work to educate veterans about available services and
       lay groundwork for a future enhanced service delivery program.


     ● Amends prior law to allow the Kansas Lottery to sell Veterans Benefit Game lottery
       tickets year round and to change the distribution of net profits for the Veterans Benefit
       Game. The bill requires 40.0 percent of the net profits to be used for Kansas National
       Guard scholarships and 30.0 percent to benefit the Kansas Veterans Home, the Kansas
       Soldiers Home, and the Veterans Cemetery System. For FY 2009 and FY 2010, the bill
       directs 30.0 percent to the Museum of the Kansas National Guard for the expansion
       of its facility, to include a 35th Infantry Division Museum and Education Center. In FY
       2011, the 30.0 percent will be redirected from the Museum to a veterans enhanced
       service delivery program.


     ● Provides annual hunting and fishing licenses at no cost to honorably discharged veterans
       with certified service related disabilities of 30.0 percent or more, and appropriates
       $75,392 from the State General Fund during FY 2009 to the Department of Wildlife
       and Parks to reimburse the Wildlife Fee Fund.
senate sub. for Hb 2923




Kansas Legislative Research Department        171                     2008 Summary of Legislation
                              aPPROPRIaTIONs bILLs


sb 534       This bill is the main, or “mega,” appropriations bill passed during the
             2008 regular legislative session, containing FY 2008 supplemental
             appropriations, FY 2009 supplemental appropriations for biennially-
             budgeted agencies, FY 2009 appropriations, and appropriations for a
             number of capital improvement projects.

sen. sub.   Omnibus Appropriation Act and Omnibus Reconciliation Spending Limit
for Hb 2946 bill for the 2008 Session.




 Kansas Legislative Research Department   172                 2008 Summary of Legislation
                                   TeCHNICaL bILLs


sb 703       This bill is a technical measure that reconciles conflicting statutes
             and corrects bill drafting errors that have been discovered in 2008
             legislation.

Hb 2307      This bill is a technical correction bill to address an incorrect effective date
             in SB 562. The bill repeals sections of SB 562 (dealing with elections
             issues), which otherwise would have gone into effect at a time later than
             intended, and reinstates those sections with the correct effective dates.




 Kansas Legislative Research Department      173                    2008 Summary of Legislation
                        bILLs VeTOeD bY THe GOVeRNOR


House sub.   This bill would have established maximum nitrogen oxides and sulfur
for sb 148   dioxide emissions levels for the proposed Sunflower power plant expansion;
             required investor-owned and cooperative electric utilities to develop and
             submit to the Kansas Corporation Commission (KCC), a retail tariff for
             electricity generated from wind, under certain circumstances; required
             investor-owned and cooperative electric utilities to develop an energy
             efficiency and load management program; required investor-owned
             and cooperative electric utilities to develop and implement a program
             to assist businesses and institutions with inventorying and assessing
             greenhouse gas emissions and developing means of reducing those
             emissions; required Sunflower to request that the Southwest Power Pool
             (SPP) determine whether transmission line upgrades are necessary to
             deliver electricity that would be purchased from Sunflower; established
             energy efficiency standards for state buildings and equipment; enacted
             the Net Metering and Easy Connection Act; provided tax incentives for
             energy efficiency improvements in residential rental property; established
             the Kansas Electric Generation Science and Technology Commission;
             created a renewable resources requirement for electric utilities; required
             certain electric generation facilities to utilize carbon dioxide capture or
             reduction technologies; amended existing law regarding regulation of air
             quality and certain utilities; enacted a provision requiring reduction of
             mercury emissions from certain electricity generating units; and required
             the KCC and the Kansas Department of Health and Environment annually
             to identify operators of electric utilities with coal-fired generating capacity
             greater than 350 MW in Kansas with carbon dioxide emissions in excess
             of 110 percent of the statewide average emissions from coal-fired plants
             in Kansas with a capacity greater than 350 MW.

House sub.   This bill would have established energy efficiency standards for state
for sb 327   building and equipment; enacted the Net Metering and Easy Connection
             Act; and provided tax incentives for energy efficiency improvements in
             residential rental property. It also would have established the Kansas
             Electric Generation Science and Technology Commission; created a
             renewal resources requirement for electric utilities; required certain
             electric generation facilities to use carbon dioxide capture or reduction
             technologies; amended existing law regarding regulation of air quality and
             certain utilities; and enacted a provision requiring reduction of mercury
             emissions from certain electricity generating units.




 Kansas Legislative Research Department      174                    2008 Summary of Legislation
sb 389       This bill would have made several amendments to law dealing with late-
             term abortions.

Hb 2019     This bill would have changed the requirements for providing voter
            identification at elections.
sen. sub.   This bill would have enacted the Economic Stimulus Act of 2008. Several
for Hb 2412 programs would have been affected by this bill, including Investments in
            Major Projects and Comprehensive Training (IMPACT), the Intermodal
            Transportation Revolving Fund, corporation income tax, and energy
            production and energy efficiency projects.
Hb 2683     This bill would have addressed the filling of vacancies by election in the
            offices of United States Representative and Senator. It also would have
            changed the date of the presidential preference primary election.
sen. sub.   The bill would have become effective only if the veto of House Sub. for
for Hb 2802 SB 148 had been overridden. If it had become effective, the bill would
            have placed a number of requirements on the Sunflower Electric Power
            Corporation. The bill also would have required the Kansas Department
            of Health and Environment (KDHE) to propose to the 2009 Legislature
            carbon dioxide emission requirements, would have restored authority of
            the Secretary of KDHE that would have been restricted under House
            Sub. for SB 148, and would have amended other regulatory statutes.
sb 534      (Line Item) Sections 85(t), 85(u), and 85(w) would have created new funds
            to receive monies from the Expanded Lottery Act Revenues Funds.
Hb 2946     (Line Item) Sections 19(e), (f), (h), and (i) would have created new funds
            to receive monies from the Expanded Lottery Act Revenues Fund.

             (Line Item) Section 47 would have placed limits on how the state budgets
             for homeland security.

             (Line Item) Section 14(b) would have appropriated $500,000 from the
             Economic Development Initiatives Fund in SFY 2009 for the Adjutant
             General’s Office to purchase unmanned aerial vehicles and systems.

             (Line Item) Section 21(g) would have prohibited the Kansas Department
             of Wildlife and Parks from making expenditures from the state agricultural
             production fund to provide any financial support for the cabin program of
             the Department.




 Kansas Legislative Research Department    175                  2008 Summary of Legislation
                                                      sUbJeCT INDeX


aDMINIsTRaTIVe RULes aND ReGULaTIONs
   Agricultural and Specialty Chemical Remediation Act—Amendments; SB 447 ............... 4
   Assumption Reinsurance Agreement Act Amendment; SB 464 .....................................87
   Capitol Complex Security; HB 2905 .............................................................................152
   Cosmetology and Body Arts; HB 2721 ...........................................................................78
   Crude Oil Storage and Advisory Committee on
         Regulation of Oil and Gas Activities; HB 2892 ........................................................50
   Emergency Medical Attendants; SB 512 ........................................................................71
   Emergency Medical Services Board—Regulation; SB 514 ............................................51
   Farm Winery Permits; HB 2908 ...................................................................................... 11
   Flame Retardant Cigarettes; SB 178 .............................................................................64
   Food Safety—Clarification of Authority; Meat and Poultry Inspection
         Regulation; Sale of Certificates of Free Sale; SB 557 ..............................................5
   Kansas Health Policy Authority—Studies and Technical Amendments; HB 2672 ..........98
   Kansas Home Inspectors Registration Board; HB 2315 ................................................13
   Kansas Storage Tank Act; Senate Sub. for HB 2634 .....................................................44
   Long-Term Care Partnership Program Act; SB 443 .......................................................86
   Matching Liability Insurance Claimant Information Against
         Child Support Debtor Information; House Sub. for SB 273 .....................................15
   Petroleum Inspection Fee Fund and Agricultural Chemical Registration; HB 2660 .........8
   Prescription Monitoring Program, Pharmacy
         Quality Control, and Studies; Sub. for SB 491 ........................................................65
   Property and Casualty Actuarial Opinion Letter Law; HB 2688 ......................................98
   Regulation of State-Chartered Credit Unions; Sub. for SB 535 .....................................53
   Rules and Regulations Filing Act; SB 579 ......................................................................13
   Sexual Assault Kits; HB 2727 .......................................................................................120
   Studies Regarding Nuclear Industrial Development; HB 2681 .......................................50
   Tagging of Big Game and Turkey; HB 2748 .....................................................................8
   Transfer of Food Service and Lodging Inspection
         to Kansas Department of Agriculture; SB 584 ..........................................................6
   Uniform Commercial Code; SB 449 .............................................................................109
   Utilization of Unused Medications Act; HB 2578 ............................................................74



aGING
   Age Discrimination—Domestic Violence Discrimination; HB 2771 .................................41
   Guardian and Conservator Act; HB 2644 ..................................................................... 116
   Home and Community Based Services; Joint Committee on
       Home and Community Based Services Oversight; House Sub. for SB 365 .........130
   Long-Term Care Partnership Program Act; SB 443 .......................................................86
   Mobile Voting Sites, Mail Ballot Election, Local Primaries,
       Political Yard Signs; SB 562 ....................................................................................38
   Probate; SB 431 ...........................................................................................................106
   Removal of Dead Bodies—Organ Procurement; HB 2700 .......................................... 117



Kansas Legislative Research Department                           i                          2008 Summary of Legislation
     Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
     Trust Beneficiaries; SB 412 ..........................................................................................103
     Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90

aGRICULTURe aND NaTURaL ResOURCes ....................................................................1
   Abandoned Oil and Gas Well Fund—Extension; HB 2735 ..............................................8
   Agricultural and Specialty Chemical Remediation Act—Amendments; SB 447 ...............4
   Crude Oil Storage and Advisory Committee on
         Regulation of Oil and Gas Activities; HB 2892 ........................................................50
   Disposition of Republican River Compact Settlement Moneys; Sub. for SB 89 ...............1
   Failure to Comply With a Wildlife and Parks Citation; SB 267 .........................................3
   Field Trial Requirements and Prairie Dog Hunting; SB 474 .............................................4
   Food Safety—Clarification of Authority; Meat and Poultry Inspection
         Regulation; Sale of Certificates of Free Sale; SB 557 ..............................................5
   Grain Commodity Commissions—Increase in Assessments
         and Other Amendments; HB 2897 ............................................................................9
   Hunters Feeding the Hungry, Inc.; SB 475 .......................................................................5
   Irrigation District Elections; SB 558 ..................................................................................6
   Kansas Reservoirs—Extension of Productive Life; HCR 5028 ...................................... 11
   Motor Boat Noise Abatement; HB 2657 ...........................................................................7
   National Bio and Agro Defense Facility—Bond Authority
         for a Capital Improvement Project; Senate Sub. for HB 2001 ...................................7
   National Bio and Agro Defense Facility—Pledge of Support; SCR 1624 .........................7
   Petroleum Inspection Fee Fund and Agricultural Chemical Registration; HB 2660 .........8
   Tagging of Big Game and Turkey; HB 2748 .....................................................................8
   Transfer of Food Service and Lodging Inspection
         to Kansas Department of Agriculture; SB 584 ...........................................................6
   Water Appropriation Permits—Prohibitions from Approving;
         Creation of Study Committee on Water Rights Issues; Senate Sub. for HB 2860 ....9
   Wildlife and Parks Watercraft—Purchase of Liability Insurance; SB 157 .........................3

aLCOHOL, DRUGs, aND GaMbLING ...............................................................................11
   Benefits for Active-Duty Military Personnel and for Veterans;
        Senate Sub. for HB 2923 ......................................................................................170
   Controlled Substances; Sub. for HB 2545 ...................................................................... 11
   Expanded Lottery Act Funds; Senate Sub. for HB 2946 ................................................12
   Expanded Lottery Act Revenues Fund, Other Related
        Funds and Expenditures; SB 534 .........................................................................150
   Farm Winery Permits; HB 2908 ...................................................................................... 11
   Hallucinogenic Drugs; SB 481 ...................................................................................... 110
   Implied Consent; HB 2617 ........................................................................................... 112
   Nomination Procedures for Appointments for Office; SB 21 ........................................142
   Offender Residency Restriction; SB 536 ...................................................................... 110
   Pharmacy and Contact Lens Dispensing; Sub. for HB 2207 ..........................................73
   Post-Retirement Benefit Payment; Senate Sub. for HB 2390 ......................................129
   Prescription Monitoring Program, Pharmacy
        Quality Control, and Studies; Sub. for SB 491 ........................................................65



 Kansas Legislative Research Department                         ii                          2008 Summary of Legislation
     Theft of Property; Sentencing and Treatment
           Regarding Substance Abuse; HB 2707 ................................................................. 118
     Utilization of Unused Medications Act; HB 2578 ............................................................74

aPPROPRIaTIONs
   Expanded Lottery Act Funds; Senate Sub. for HB 2946 ................................................12
   Expanded Lottery Act Revenues Fund, Other Related
       Funds and Expenditures; SB 534 .........................................................................150
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   State Employee Pay Plan; Senate Sub. for HB 2916 ...................................................137


bOaRDs, COMMIssIONs, aND COMMITTees
   Commission on Judicial Performance; HB 2642 .......................................................... 115
   Crude Oil Storage and Advisory Committee on
       Regulation of Oil and Gas Activities; HB 2892 ........................................................50
   DeSoto/Johnson County Riverfront Authority; SB 518 ...................................................21
   Educational Opportunity for Military Children; HB 2714 .................................................33
   Electronic Budget Forms; Approval of Mayoral Appointments; Abandoned
       Cemeteries; Fire Districts; Township Dissolution and Consolidation; HB 2217 .....123
   Electronic Motor Vehicle Financial Security
       Verification System Task Force; SCR 1616 .............................................................87
   Emergency Medical Services Board—Regulation; SB 514 ............................................51
   Fourth Year School Finance Funding; District Consolidation
       Incentives; Medicaid Replacement State Aid; Creation of
       Special Education Funding Task Force; SB 531 .....................................................29
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Grain Commodity Commissions—Increase in Assessments
       and Other Amendments; HB 2897 ............................................................................9
   Health Care Reform Act of 2008; Health and Insurance Statutes;
       Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
   Home and Community Based Services; Joint Committee
       on Home and Community Based Services Oversight; House Sub. for SB 365 ....130
   Hospital Boards; Sub. for HB 2757 ..............................................................................127
   Juvenile Population Projections; SB 418 ........................................................................17
   Kansas Commission on Rural Policy; Sub. for SB 453 ..................................................20
   Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
   Kansas Healing Arts Act; HB 2620 .................................................................................75
   Kansas Health Policy Authority—Studies and Technical Amendments; HB 2672 ..........98
   Kansas Home Inspectors Registration Board; HB 2315 ................................................13
   Nomination Procedures for Appointments for Office; SB 21 ........................................142
   Nuclear Generation Facilities; Joint Committee on
       Energy and Environmental Policy; SB 586 ............................................................. 43
   Offender Registry Search; SB 565 ............................................................................... 111
   Prescription Monitoring Program, Pharmacy
       Quality Control, and Studies; Sub. for SB 491 ........................................................65
   Real Estate Brokers’ and Salespersons’ License Act; HB 2746 .....................................17
   Shawnee County Fair Association Board; HB 2804 .....................................................127



Kansas Legislative Research Department                     iii                       2008 Summary of Legislation
     State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
     State Employee Pay Plan; Senate Sub. for HB 2916 ...................................................137
     Theft of Property; Sentencing and Treatment
         Regarding Substance Abuse; HB 2707 ................................................................. 118
     Townships—Equipment Reserve Fund; HB 2749 ........................................................126
     Water Appropriation Permits—Prohibitions from Approving;
         Creation of Study Committee on Water Rights Issues; Senate Sub. for HB 2860 .....9

bONDs
   KDFA Bonds for Specific Aviation Projects; Senate Sub. for HB 2006 ...........................22
   Municipal Bonds—Published Notice of Sale; SB 239 ..................................................122
   National Bio and Agro Defense Facility—Bond Authority
       for a Capital Improvement Project; Senate Sub. for HB 2001 ...................................7
   Pooled Money Investment Board Investments; SB 472 ...............................................150
   Tax-Based Financing of Capital Improvements; Senate Sub. for HB 2590 ..................160

bUsINess, INDUsTRY, aND COMMeRCe ........................................................................13
   Accident and Sickness Insurance Filings; Sub. for SB 209 ............................................ 85
   Assumption Reinsurance Agreement Act Amendment; SB 464 .....................................87
   Conflict Resolution—Service of Process for Garnishment; HB 2643 ........................... 115
   Cooperative Associations; SB 448 ...............................................................................109
   Cosmetology and Body Arts; HB 2721 ........................................................................... 78
   County and School District Alternative Capital Improvement
        Procurement; Sub. for SB 485 ..............................................................................122
   Defacing a Firearm; SB 46 ...........................................................................................100
   DeSoto/Johnson County Riverfront Authority; SB 518 ...................................................21
   Discrimination Against Volunteer Firefighters; SB 438 ...................................................13
   Distribution of Certain Oil and Gas Lease Monies; SB 424 .......................................... 106
   Filing of Certain Forms; SB 465 .....................................................................................87
   Flame Retardant Cigarettes; SB 178 .............................................................................64
   Fleet Registration for Certain Commercial Vehicles; SB 522 .......................................162
   Indemnification Agreements; House Sub. for SB 379 ..................................................101
   Kansas Air Passenger Support Fund; House Sub. for SB 359 ....................................160
   Kansas Commission on Rural Policy; Sub. for SB 453 ..................................................20
   Kansas Electric Transmission Authority (KETA); SB 614 ...............................................44
   Kansas Health Policy Authority—Studies and Technical Amendments; HB 2672 ..........98
   Kansas Home Inspectors Registration Board; HB 2315 ................................................13
   Kansas Home Inspectors Registration Board; Senate Sub. for HB 2315 ......................13
   Kansas Storage Tank Act; Senate Sub. for HB 2634 .....................................................44
   KCC Impounded Vehicles; SB 509 ...............................................................................161
   KDFA Bonds for Specific Aviation Projects; Senate Sub. for HB 2006 ...........................22
   Licensure and Examination of Certain Contractors; HB 2847 ......................................121
   Life Insurance; Prompt Payment; Risk-Based Capital;
        Voluntary Non-Contractual Mutual Aid Arrangements;
        Creditor/Debtor Group Life Insurance; Utilization Review
        Organizations; House Sub. for SB 113 ....................................................................82
   Market Regulation Exams; HB 2686 ..............................................................................98
   Nuclear Generation Facilities; Joint Committee on
        Energy and Environmental Policy; SB 586 .............................................................43


 Kansas Legislative Research Department                       iv                          2008 Summary of Legislation
      Offender Registry Search; SB 565 ............................................................................... 111
      Property and Casualty Actuarial Opinion Letter Law; HB 2688 ......................................98
      Property Tax—Liability for Certain Convertible Land; HB 2520 ....................................160
      Railroad Leases; HB 2824 ...........................................................................................166
      Regulation of Micro Utility Trucks; Senate Sub. for HB 2119 .......................................164
      Regulation of State-Chartered Credit Unions; Sub. for SB 535 .....................................53
      Risk-Based Capital; Property/Casualty Flex-Rating
            Regulatory Improvement Act; HB 2689 ...................................................................99
      Rules and Regulations Filing Act; SB 579 ......................................................................13
      “Scrap Metal” Definition; HB 2692 ..................................................................................15
      Single State Registration System; SB 462 ...................................................................161
      Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
      Telecommunications Mergers and Broadband Service Inventories; SB 570 ..................42
      Third-Party Pay Stations for Utility Payments; SR 1832 ................................................44
      Title Insurance—Unearned Premium Reserves; Sub. for HB 2505 ...............................97
      Utility Statute Amendments; HB 2637 ............................................................................45
      Vehicle Protection Products; Sub. for HB 2725 ............................................................166
      Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90
      Voice over Internet Protocol (VoIP) Contributions to
            the Kansas Universal Service Fund; SB 49 ............................................................42


CHILDReN aND YOUTH ......................................................................................................15
   Adoption—Home Assessment; HB 2570 ........................................................................73
   Adoptions; HB 2186 ..................................................................................................... 111
   Child Custody and Military Deployment; House Sub. for SB 32 ...................................100
   Crimes, Punishment, and Criminal Procedure; HB 2780 .............................................120
   Cyberbullying and Parents as Teachers Program; HB 2758 ..........................................34
   Divorce Decrees; SB 545 ............................................................................................. 110
   Dyslexia; HR 6021 ..........................................................................................................35
   Educational Opportunity for Military Children; HB 2714 .................................................33
   Guardian and Conservator Act; HB 2644 ..................................................................... 116
   Health Care Reform Act of 2008; Health and Insurance Statutes;
        Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
   Immunizations of School Age Children; Disposition of
        Fetal Remains; Senate Sub. for HB 2097 ...............................................................72
   Juvenile Corrections; SB 410 .........................................................................................16
   Juvenile Population Projections; SB 418 ........................................................................17
   Matching Liability Insurance Claimants Against
        Child Support Debtor Information; House Sub. for SB 273 .....................................15
   Probate; SB 431 ...........................................................................................................106
   Revised Kansas Code for Care of Children and
        Revised Kansas Juvenile Justice Code; SB 435 ..................................................107

CIVIL MaTTeRs
    Child Custody and Military Deployment; House Sub. for SB 32 ...................................100
    Commission on Judicial Performance; HB 2642 .......................................................... 115
    Cosmetology and Body Arts; HB 2721 ...........................................................................78



Kansas Legislative Research Department                          v                           2008 Summary of Legislation
     Crimes, Punishment, and Criminal Procedure; HB 2780 .............................................120
     Discovery; SB 434 ........................................................................................................107
     Divorce Decrees; SB 545 ............................................................................................. 110
     Emergency Medical Attendants; SB 512 ........................................................................71
     Flame Retardant Cigarettes; SB 178 .............................................................................64
     Kansas Open Meetings Act; Senate Sub. for HB 2947 ................................................153
     Life Insurance; Prompt Payment; Risk-Based Capital; Voluntary
           Non-Contractual Mutual Aid Arrangements; Creditor/Debtor Group
          Life Insurance; Utilization Review Organizations; House Sub. for SB 113 .............82
     Notice for Failure to Appear; SB 366 ............................................................................101
     Offender Registry Search; SB 565 ............................................................................... 111
     Probate; SB 431 ...........................................................................................................106
     Real Estate Brokers’ and Salespersons’ License Act; HB 2746 .....................................17
     Regulation of Micro Utility Trucks; Senate Sub. for HB 2119 .......................................164
     Risk-Based Capital; Property/Casualty Flex-Rating
          Regulatory Improvement Act; HB 2689 ...................................................................99
     Sealing Court Records; HB 2825 .................................................................................121
     Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90

CIVIL PeNaLTIes
    Firearms—Declared State of Emergency; HB 2280 .......................................................51

CIVIL RIGHTs
    Firearms—Declared State of Emergency; HB 2280 .......................................................51
    Kansas Funeral Privacy Act; House Sub. for SB 226 .....................................................50

COMMeRCe aND LabOR ...................................................................................................17
   Real Estate and Appraisals; HB 2772 ............................................................................18
   Real Estate Brokers’ and Salespersons’ License Act; HB 2746 ..................................... 17

CONCeaLeD CaRRY
   Concealed Weapon; HB 2359 ...................................................................................... 112
   Defacing a Firearm; SB 46 ...........................................................................................100
   Driver’s License Photograph Fees; SB 23 ...................................................................145

CONfIDeNTIaLITY
   Kansas Open Meetings Act; Senate Sub. for HB 2947 ................................................153
   Open Records Act; SB 702 ..........................................................................................151
   Prescription Monitoring Program, Pharmacy
        Quality Control, and Studies; Sub. for SB 491 ........................................................65
   Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90

CONsUMeR affaIRs
   Assumption Reinsurance Agreement Act Amendment; SB 464 .....................................87
   Atomic Veterans’ Memorial Highway; HB 2659 ............................................................165
   City Credit Card Fee Capture; Senate Sub. for HB 2440 .............................................126
   Conflict Resolution—Service of Process for Garnishment; HB 2643 ........................... 115




 Kansas Legislative Research Department                           vi                            2008 Summary of Legislation
      Cosmetology and Body Arts; HB 2721 ...........................................................................78
      Disposal of Township Personal Property; HB 2628 ......................................................126
      Driver’s License Destruction; HB 2665 .........................................................................165
      Driver’s License Photograph Fees; SB 23 ...................................................................145
      Electronic Motor Vehicle Financial Security
           Verification System Task Force; SCR 1616 .............................................................87
      Gold Star Mother License Plates; HB 2691 ..................................................................165
      In God We Trust License Plates; HB 2704 ...................................................................165
      Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
      Life Insurance; Prompt Payment; Risk-Based Capital; Voluntary
           Non-Contractual Mutual Aid Arrangements; Creditor/Debtor Group
           Life Insurance; Utilization Review Organizations; House Sub. for SB 113 .............82
      Long-Term Care Partnership Program Act; SB 443 .......................................................86
      Motor Vehicles/License Plates; HB 2622 .....................................................................165
      Notice for Failure to Appear; SB 366 ............................................................................101
      Nuclear Generation Facilities; Joint Committee on
           Energy and Environmental Policy; SB 586 .............................................................43
      Patriot Guard Highway; HB 2708 .................................................................................166
      Payments to County Treasurers; SB 521 .....................................................................161
      Pharmacy and Contact Lens Dispensing; Sub. for HB 2207 ..........................................73
      Regulation of State-Chartered Credit Unions; Sub. for SB 535 .....................................53
      Third-Party Pay Stations for Utility Payments; SR 1832 ................................................44
      Vehicle Protection Products; Sub. for HB 2725 ............................................................166
      Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90
      Water Utilities Rate Increases—Procedures; SB 555 ....................................................42
      Wireless 911 Service; SB 526 ........................................................................................42

COURTs
   Aiding Escape; HB 2845 ..............................................................................................121
   Child Custody and Military Deployment; House Sub. for SB 32 ...................................100
   Commission on Judicial Performance; HB 2642 .......................................................... 115
   Crimes, Punishment, and Criminal Procedure; HB 2780 .............................................120
   Discovery; SB 434 ........................................................................................................107
   Distribution of Certain Oil and Gas Lease Monies; SB 424 ..........................................106
   Divorce Decrees; SB 545 ............................................................................................. 110
   Guardian and Conservator Act; HB 2644 ..................................................................... 116
   Implied Consent; HB 2617 ........................................................................................... 112
   Journal Entry in Criminal Proceedings; SB 419 ...........................................................105
   Notice for Failure to Appear; SB 366 ............................................................................101
   Offender Residency Restriction; SB 536 ...................................................................... 110
   Post-Retirement Benefit Payment; Senate Sub. for HB 2390 ......................................129
   Probate; SB 431 ...........................................................................................................106
   Property Tax Lid – Secretary of Revenue to Seek Declaratory Judgment; SR 1836 ...153
   Removal of Dead Bodies—Organ Procurement; HB 2700 .......................................... 117
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   Revised Kansas Code for Care of Children and
        Revised Kansas Juvenile Justice Code; SB 435 ..................................................107
   Salary Adjustments for Nonjudicial Employees; HB 2968 ............................................122



Kansas Legislative Research Department                         vii                          2008 Summary of Legislation
      Sealing Court Records; HB 2825 .................................................................................121
      Sentencing and Parole; SB 411 ....................................................................................102
      Sex Offenses; HB 2726 ................................................................................................ 119
      Sexual Assault Kits; HB 2727 .......................................................................................120
      Stalking; House Sub. for SB 414 ..................................................................................103
      State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
      Theft of Property; Sentencing and Treatment
           Regarding Substance Abuse; HB 2707 ................................................................. 118
      Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90

CRIMes aND CRIMINaL MaTTeRs
   Adoptions; HB 2186 ..................................................................................................... 111
   Aggravated Criminal Threat; SB 430 ............................................................................106
   Aiding Escape; HB 2845 ..............................................................................................121
   Concealed Weapon; HB 2359 ...................................................................................... 112
   Controlled Substances; Sub. for HB 2545 ...................................................................... 11
   Cosmetology and Body Arts; HB 2721 ...........................................................................78
   Crimes, Punishment, and Criminal Procedure; HB 2780 .............................................120
   Defacing a Firearm; SB 46 ...........................................................................................100
   Failure to Comply With a Wildlife and Parks Citation; SB 267 .........................................3
   Farm Winery Permits; HB 2908 ...................................................................................... 11
   Hallucinogenic Drugs; SB 481 ...................................................................................... 110
   Implied Consent; HB 2617 ........................................................................................... 112
   Journal Entry in Criminal Proceedings; SB 419 ...........................................................105
   Juvenile Corrections; SB 410 .........................................................................................16
   Kansas Funeral Privacy Act; House Sub. for SB 226 .....................................................50
   Kansas Home Inspectors Registration Board; HB 2315 ................................................13
   Matching Liability Insurance Claimant Information Against
        Child Support Debtor Information; House Sub. for SB 273 .....................................15
   Motor Boat Noise Abatement; HB 2657 ...........................................................................7
   Notice for Failure to Appear; SB 366 ............................................................................101
   Offender Registration Act; SB 477 ................................................................................109
   Offender Residency Restriction; SB 536 ...................................................................... 110
   Pharmacy and Contact Lens Dispensing; Sub. for HB 2207 ..........................................73
   School Safety Violations and Teacher Contracts; SB 470 ..............................................28
   Sealing Court Records; HB 2825 .................................................................................121
   Sentencing and Parole; SB 411 ....................................................................................102
   Sex Offenses; HB 2726 ................................................................................................ 119
   Sexual Assault Kits; HB 2727 .......................................................................................120
   Stalking; House Sub. for SB 414 ..................................................................................103
   Theft of Property; Sentencing and Treatment
        Regarding Substance Abuse; HB 2707 ................................................................. 118
   Victim Assistance Fund; SB 524 ................................................................................... 110

DIsasTeR ReLIef
   Firearms—Declared State of Emergency; HB 2280 .......................................................51
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Kansas Department of Transportation—Demolition of



  Kansas Legislative Research Department                        viii                          2008 Summary of Legislation
           Housing Damaged by Flood Waters; HB 2926 .....................................................167
      New Housing Grants Program for Disaster Areas and Other Areas; SB 417 ...............149
      State Universities’ Idle Funds and
           State Housing Loan Deposit Program; House Sub. for SB 387 ..............................25
      Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
      Virtual School Act; School District Disaster Aid; SB 669 ................................................32

eCONOMIC DeVeLOPMeNT .............................................................................................. 20
   Air Force Mid-air Refueling Tankers; SCR 1621 ............................................................. 22
   DeSoto/Johnson County Riverfront Authority; SB 518 ...................................................21
   Economic Stimulus Act of 2008; Senate Sub. for HB 2412 ............................................21
   Kansas Air Passenger Support Fund; House Sub. for SB 359 ....................................160
   Kansas Commission on Rural Policy; Sub. for SB 453 ..................................................20
   KDFA Bonds for Specific Aviation Projects; Senate Sub. for HB 2006 ...........................22
   Municipal Bonds—Published Notice of Sale; SB 239 ..................................................122
   National Bio and Agro Defense Facility—Bond Authority
        for a Capital Improvement Project; Senate Sub. for HB 2001 ...................................7
   National Bio and Agro Defense Facility—Pledge of Support; SCR 1624 .........................7
   Property Tax—Liability for Certain Convertible Land; HB 2520 ....................................160
   Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155

eDUCaTION .........................................................................................................................25
   Benefits for Active-Duty Military Personnel and for Veterans;
         Senate Sub. for HB 2923 .....................................................................................170
   Changes Regarding KAN-ED; House Sub. for Sub. for SB 391 ....................................27
   County and School District Alternative Capital Improvement
        Procurement; Sub. for SB 485 ..............................................................................122
   Cyberbullying and Parents as Teachers Program; HB 2758 ..........................................34
   Dyslexia; HR 6021 ..........................................................................................................35
   Educational Opportunity for Military Children; HB 2714 .................................................33
   Fourth Year School Finance Funding; District Consolidation Incentives;
        Medicaid Replacement State Aid; Creation of Special Education
        Funding Task Force; SB 531 ...................................................................................27
   Ft. Hays State University Endowment Association; HB 2858 .........................................33
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Health Care Reform Act of 2008; Health and Insurance Statutes;
        Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
   Immunizations of School Age Children;
        Disposition of Fetal Remains; Senate Sub. for HB 2097 ........................................72
   Kansas Academy of Math and Science; SB 404 ............................................................27
   Kansas Challenge to Secondary Pupils Act; SB 421 .....................................................27
   Kansas Faculty of Distinction Program; HB 2343 ..........................................................33
   Military Scholarships and Salina Area Technical College; SB 437 .................................28
   Post-Retirement Benefit Payment; Senate Sub. for HB 2390 ......................................129
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   School Safety Violations and Teacher Contracts; SB 470 ..............................................28
   State Universities’ Idle Funds and State Housing Loan
        Deposit Program; House Sub. for SB 387 ..............................................................25



Kansas Legislative Research Department                           ix                            2008 Summary of Legislation
      Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
      Virtual School Act; School District Disaster Aid; SB 669 ................................................32

eLeCTIONs aND eTHICs ...................................................................................................35
   Electronic Budget Forms; Approval of Mayoral Appointments;
       Abandoned Cemeteries; Fire Districts; Township Dissolution
        and Consolidation; HB 2217 .................................................................................123
   Mobile Voting Sites, Mail Ballot Election, Local Primaries,
        Political Yard Signs; SB 562 ....................................................................................38
   Nomination Procedures for Appointments for Office; SB 21 ........................................142
   Reporting Contributions; Using Public Resources for Express Advocacy; SB 196 ........35
   Shawnee County Fair Association Board; HB 2804 .....................................................127
   Voter Photo Identification; Presidential Preference Primary; HB 2019 ...........................38
   Voting Sites; SB 65 .........................................................................................................35

eMINeNT DOMaIN
   DeSoto/Johnson County Riverfront Authority; SB 518 ...................................................21

eMPLOYeRs aND eMPLOYees ........................................................................................41
   Age Discrimination—Domestic Violence Discrimination; HB 2771 .................................41
   Benefits for Active-Duty Military Personnel and
        for Veterans; Senate Sub. for HB 2923 .................................................................170
   Conflict Resolution—Service of Process for Garnishment; HB 2643 ........................... 115
   Correctional Officers’ Training; HB 2740 ......................................................................120
   Discrimination Against Volunteer Firefighters; SB 438 ...................................................13
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Hospital Boards; Sub. for HB 2757 ..............................................................................127
   KDFA Bonds for Specific Aviation Projects; Senate Sub. for HB 2006 ...........................22
   Post-Retirement Benefit Paymen; Senate Sub. for HB 2390 .......................................129
   Regulation of State-Chartered Credit Unions; Sub. for SB 535 .....................................53
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   Rules and Regulations Filing Act; SB 579 ......................................................................13
   Salary Adjustments for Nonjudicial Employees; HB 2968 ............................................122
   School Safety Violations and Teacher Contracts; SB 470 ..............................................28
   State Employee Pay Plan; Senate Sub. for HB 2916 ...................................................137
   Veterans Preference in Hiring for Certain
        Government Positions; Sub. for HB 2562 .............................................................167

eNeRGY aND UTILITIes .....................................................................................................42
   Crude Oil Storage and Advisory Committee on
       Regulation of Oil and Gas Activities; HB 2892 ........................................................ 50
   Energy Production and Energy Efficiency; Senate Sub. for HB 2802 ............................44
   Kansas Electric Transmission Authority (KETA); SB 614 ...............................................44
   Kansas Storage Tank Act; Senate Sub. for HB 2634 .....................................................44
   Nuclear Generation Facilities Joint Committee on
       Energy and Environmental Policy; SB 586 .............................................................43
   Studies Regarding Nuclear Industrial Development; HB 2681 .......................................50
   Telecommunications Mergers and Broadband Service Inventories; SB 570 ..................42



  Kansas Legislative Research Department                           x                           2008 Summary of Legislation
      Third-Party Pay Stations for Utility Payments; SR 1832 ................................................44
      Utility Statute Amendments; HB 2637 ............................................................................45
      Voice over Internet Protocol (VoIP) Contributions to
            the Kansas Universal Service Fund; SB 49 ............................................................42
      Water Utilities Rate Increases—Procedures; SB 555 ....................................................42
      Wireless 911 Service; SB 526 ........................................................................................42

eNVIRONMeNT
   Agricultural and Specialty Chemical Remediation Act—Amendments; SB 447 ...............4
   Disposition of Republican River Compact Settlement Moneys; Sub. for SB 89 ...............1
   Kansas Storage Tank Act; Senate Sub. for HB 2634 .....................................................44

feDeRaL aND sTaTe affaIRs ........................................................................................ 50
   Amusement Rides Inspection and Regulation; Senate Sub. for HB 2504 .....................51
   Amusement Rides Inspection and Regulation; Senate Sub. for HB 2504 .....................51
   Emergency Medical Services Board—Regulation; SB 514 ............................................51
   Firearms—Declared State of Emergency; HB 2280 .......................................................51
   Kansas Emergency Communications Preservation Act; HB 2805 .................................52
   Kansas Funeral Privacy Act; House Sub. for SB 226 .....................................................50

fees
   Abandoned Oil and Gas Well Fund—Extension; HB 2735 ..............................................8
   Acquiring State Architectural and Engineering Services; HB 2744 ..............................152
   Driver’s License Photograph Fees; SB 23 ...................................................................145
   Fleet Registration for Certain Commercial Vehicles; SB 522 .......................................162
   Gold Star Mother License Plates; HB 2691 ..................................................................165
   Payments to County Treasurers; SB 521 .....................................................................161
   Petroleum Inspection Fee Fund and Agricultural Chemical Registration; HB 2660 .........8
   State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
   Utility Statute Amendments; HB 2637 ............................................................................45
   Vehicle Database Modernization; Senate Sub. for HB 2542 ........................................151

fINaNCIaL INsTITUTIONs .................................................................................................53
   City Credit Card Fee Capture; Senate Sub. for HB 2440 ..............................................126
   Municipal Bonds—Published Notice of Sale; SB 239 ..................................................122
   New Housing Grants Program for Disaster Areas and Other Areas; SB 417 ...............149
   Nomination Procedures for Appointments for Office; SB 21 ........................................142
   Notice of Security Interest; SB 467 ..............................................................................109
   Payments to County Treasurers; SB 521 .....................................................................161
   Real Estate and Appraisals; HB 2772 ............................................................................18
   Regulation of State-Chartered Credit Unions; Sub. for SB 535 .....................................53
   Uniform Prudent Management of Institutional Funds Act; SB 433 ...............................107


HeaLTH ................................................................................................................................57
   Accident and Sickness Insurance Filings; Sub. for SB 209 ............................................85
   Adoption—Home Assessment; HB 2570 ........................................................................73




Kansas Legislative Research Department                             xi                             2008 Summary of Legislation
      Athletic Trainers; HB 2695 ..............................................................................................77
      Cosmetology and Body Arts; HB 2721 ...........................................................................78
      Dental Practice Act Amendments; HB 2702 ...................................................................78
      Emergency Medical Attendants; SB 512 ........................................................................71
      Flame Retardant Cigarettes; SB 178 .............................................................................64
      FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
      Health Care Reform Act of 2008; Health and Insurance Statutes;
            Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
      Health Insurance Portability and Accountability Act (HIPAA) Compliance; SB 441 ........85
      Home and Community Based Services; Joint Committee
            on Home and Community Based Services Oversight; House Sub. for SB 365 ....130
      Hospital Boards; Sub. for HB 2757 ..............................................................................127
      Immunizations of School Age Children;
            Disposition of Fetal Remains; Senate Sub. for HB 2097 ........................................72
      Kansas Healing Arts Act; HB 2620 .................................................................................65
      Kansas Health Policy Authority—Studies and Technical Amendments; HB 2672 ..........98
      Land Transfer; Senate Sub. for HB 2936 .....................................................................131
      Long-Term Care Partnership Program Act; SB 443 .......................................................86
      Pharmacy and Contact Lens Dispensing; Sub. for HB 2207 ..........................................73
      Prescription Monitoring Program, Pharmacy
            Quality Control, and Studies; Sub. for SB 491 ........................................................65
      Removal of Dead Bodies—Organ Procurement; HB 2700 .......................................... 117
      Revised Kansas Code for Care of Children and
            Revised Kansas Juvenile Justice Code; SB 435 ..................................................107
      Satellite Dental Offices; HB 2781 ...................................................................................82
      Transfer of Food Service and Lodging Inspection
            to Kansas Department of Agriculture; SB 584 ...........................................................6
      Trust Beneficiaries; SB 412 ..........................................................................................103
      Utilization of Unused Medications Act; HB 2578 ............................................................74
      Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90

HOUsING
   City and County Populations; HB 2123 ........................................................................123
   Kansas Commission on Rural Policy; Sub. for SB 453 ..................................................20
   New Housing Grants Program for Disaster Areas and Other Areas; SB 417 ...............149
   Notice of Security Interest; SB 467 ..............................................................................109
   Offender Residency Restriction; SB 536 ...................................................................... 110
   State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
   State Universities’ Idle Funds and
        State Housing Loan Deposit Program; House Sub. for SB 387 ..............................25

INsURaNCe .........................................................................................................................82
   Accident and Sickness Insurance Filings; Sub. for SB 209 ..........................................100
   Assumption Reinsurance Agreement Act Amendment; SB 464 .....................................87
   Divorce Decrees; SB 545 ............................................................................................. 110
   Electronic Motor Vehicle Financial Security
        Verification System Task Force; SCR 1616 .............................................................87
   Filing of Certain Forms; SB 465 .....................................................................................87



  Kansas Legislative Research Department                           xii                           2008 Summary of Legislation
      Health Care Reform Act of 2008; Health and Insurance Statutes;
            Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
      Health Insurance Portability and Accountability Act (HIPAA) Compliance; SB 441 ........85
      Indemnification Agreements; House Sub. for SB 379 ..................................................101
      Kansas Health Policy Authority—Studies and Technical Amendments; HB 2672 ..........98
      Kansas Home Inspectors Registration Board; HB 2315 ................................................13
      Life Insurance; Prompt Payment; Risk-Based Capital; Voluntary
            Non-Contractual Mutual Aid Arrangements; Failure to Provide
            Certain Information; Creditor/Debtor Group Life Insurance;
            Utilization Review Organizations; House Sub. for SB 113 ...................................... 82
      Life Insurance; Prompt Payment; Risk-Based Capital; Voluntary
            Non-Contractual Mutual Aid Arrangements; Failure to Provide
            Certain Information; Failure to Provide Certain Information;
            Creditor/Debtor Group Life Insurance; Utilization
            Review Organizations; House Sub. for SB 113 ........................................................82
      Long-Term Care Partnership Program Act; SB 443 .......................................................86
      Market Regulation Exams; HB 2686 ..............................................................................98
      Matching Liability Insurance Claimant Information Against
            Child Support Debtor Information; House Sub. for SB 273 .....................................15
      Property and Casualty Actuarial Opinion Letter Law; HB 2688 ......................................98
      Risk-Based Capital; Property/Casualty Flex-Rating
            Regulatory Improvement Act; HB 2689 ...................................................................99
      Title Insurance—Unearned Premium Reserves; Sub. for HB 2505 ...............................97
      Vehicle Protection Products; Sub. for HB 2725 ............................................................166
      Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90
      Wildlife and Parks Watercraft—Purchase of Liability Insurance; SB 157 .........................3

JUDICIaRY .........................................................................................................................100
   Adoptions; HB 2186 ............................................................................................. 109, 111
   Aggravated Criminal Threat; SB 430 ............................................................................106
   Aiding Escape; HB 2845 ..............................................................................................121
   Cemeteries and Cemetery Corporations; HB 2656 ...................................................... 117
   Cemetery Corporations’ Use of Funds; SB 450 ...........................................................109
   Child Custody and Military Deployment; House Sub. for SB 32 ...................................100
   Commission on Judicial Performance; HB 2642 .......................................................... 115
   Concealed Weapon; HB 2359 ...................................................................................... 112
   Conflict Resolution—Service of Process for Garnishment; HB 2643 ........................... 115
   Cooperative Associations; SB 448 ...............................................................................109
   Correctional Officers’ Training; HB 2740 ......................................................................121
   Crimes, Punishment, and Criminal Procedure; HB 2780 .............................................120
   Defacing a Firearm; SB 46 ...........................................................................................100
   Discovery; SB 434 ........................................................................................................107
   Distribution of Certain Oil and Gas Lease Monies; SB 424 ..........................................106
   Divorce Decrees; SB 545 ............................................................................................. 110
   Foreign Judgment; SB 423 ...........................................................................................106
   Guardian and Conservator Act; HB 2644 ..................................................................... 112
   Hallucinogenic Drugs; SB 481 ...................................................................................... 110
   Implied Consent; HB 2617 ........................................................................................... 112



Kansas Legislative Research Department                           xiii                           2008 Summary of Legislation
      Indemnification Agreements; House Sub. for SB 379 ..................................................100
      Journal Entry in Criminal Proceedings; SB 419 ...........................................................105
      Licensure and Examination of Certain Contractors; HB 2847 ......................................121
      Medical and Professional Screening Panels; HB 2188 ................................................ 111
      Notice for Failure to Appear; SB 366 ............................................................................101
      Notice of Security Interest; SB 450 ..............................................................................109
      Offender Registration Act; SB 477 ................................................................................109
      Offender Registry Search; SB 565 ............................................................................... 111
      Offender Residency Restriction; SB 536 ...................................................................... 110
      Probate; SB 431 ...........................................................................................................106
      Removal of Dead Bodies—Organ Procurement; HB 2700 .......................................... 116
      Revised Kansas Code for Care of Children and
           Revised Kansas Juvenile Justice Code; SB 435 ..................................................107
      Salary Adjustments for Nonjudicial Employees; HB 2968 ............................................122
      Sealing Court Records; HB 2825 .................................................................................121
      Sentencing and Parole; SB 411 ....................................................................................101
      Sex Offenses; HB 2726 ................................................................................................ 119
      Sexual Assault Kits; HB 2727 ...............................................................................120, 121
      Stalking; House Sub. for SB 414 ..........................................................................102, 103
      Theft of Property; Sentencing and Treatment Regarding
           Substance Abuse; HB 2707 .................................................................................. 118
      Trust Beneficiaries; SB 412 ..........................................................................................103
      Uniform Commercial Code; SB 449 .............................................................................109
      Uniform Prudent Management of Institutional Funds Act; SB 433 ...............................107
      Uniform Transfer on Death Security Registration Act; SB 432 .....................................106
      Victim Assistance Fund; SB 524 ................................................................................... 110

LaW eNfORCeMeNT
   Aggravated Criminal Threat; SB 430 ............................................................................106
   Aiding Escape; HB 2845 ..............................................................................................121
   Concealed Weapon; HB 2359 ...................................................................................... 112
   Crimes, Punishment, and Criminal Procedure; HB 2780 .............................................120
   Discovery; SB 434 ........................................................................................................107
   Discrimination Against Volunteer Firefighters; SB 438 ...................................................13
   Electronic Budget Forms; Approval of Mayoral Appointments;
        Abandoned Cemeteries; Fire Districts; Township Dissolution and
        Consolidation; HB 2217 ........................................................................................123
   Hallucinogenic Drugs; SB 481 ...................................................................................... 110
   Implied Consent; HB 2617 ........................................................................................... 112
   Journal Entry in Criminal Proceedings; SB 419 ...........................................................105
   Kansas Healing Arts Act; HB 2620 .................................................................................75
   Offender Registration Act; SB 477 ................................................................................109
   Prescription Monitoring Program, Pharmacy
        Quality Control, and Studies; Sub. for SB 491 ........................................................65
   School Safety Violations and Teacher Contracts; SB 470 ..............................................28
   Sex Offenses; HB 2726 ................................................................................................ 119
   Sexual Assault Kits; HB 2727 .......................................................................................120
   Stalking; House Sub. for SB 414 ..................................................................................103



  Kansas Legislative Research Department                         xiv                             2008 Summary of Legislation
      Theft of Property; Sentencing and Treatment
          Regarding Substance Abuse; HB 2707 ................................................................. 118

LeGIsLaTURe
   Electronic Budget Forms; Approval of Mayoral Appointments;
       Abandoned Cemeteries; Fire Districts; Township Dissolution and
        Consolidation; HB 2217 ........................................................................................123
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Health Care Reform Act of 2008; Health and Insurance Statutes;
        Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
   Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
   Mobile Voting Sites, Mail Ballot Election, Local Primaries,
        Political Yard Signs; SB 562 ....................................................................................38
   Nuclear Generation Facilities; Joint Committee on
        Energy and Environmental Policy; SB 586 .............................................................43
   Open Records Act; SB 702 ..........................................................................................151
   Reporting Contributions; Using Public Resources for Express Advocacy; SB 196 ........35
   State Employee Pay Plan; Senate Sub. for HB 2916 ...................................................137
   Telecommunications Mergers and Broadband Service Inventories; SB 570 ..................42
   Third-Party Pay Stations for Utility Payments; SR 1832 ................................................44
   Water Appropriation Permits—Prohibitions from Approving;
        Creation of Study Committee on Water Rights Issues; Senate Sub. for HB 2860 .....9

LICeNses, PeRMITs, aND ReGIsTRaTIONs
    Adoptions; HB 2186 ..................................................................................................... 111
    Agricultural and Specialty Chemical Remediation Act—Amendments; SB 447 ...............4
    Athletic Trainers; HB 2695 ..............................................................................................77
    Concealed Weapon; HB 2359 ...................................................................................... 112
    Cosmetology and Body Arts; HB 2721 ...........................................................................78
    Defacing a Firearm; SB 46 ...........................................................................................100
    Dental Practice Act Amendments; HB 2702 ...................................................................78
    Failure to Comply With a Wildlife and Parks Citation; SB 267 .........................................3
    Farm Winery Permits; HB 2908 ...................................................................................... 11
    Field Trial Requirements and Prairie Dog Hunting; SB 474 .............................................4
    Food Safety—Clarification of Authority; Meat and Poultry Inspection
         Regulation; Sale of Certificates of Free Sale; SB 557 ..............................................5
    Kansas Healing Arts Act; HB 2620 .................................................................................75
    Kansas Home Inspectors Registration Board; HB 2315 ................................................13
    Kansas Storage Tank Act; Senate Sub. for HB 2634 ..................................................... 44
    Licensure and Examination of Certain Contractors; HB 2847 ......................................121
    Medical and Professional Screening Panels; HB 2188 ................................................ 111
    Real Estate and Appraisals; HB 2772 ............................................................................18
    Real Estate Brokers’ and Salespersons’ License Act; HB 2746 .....................................17
    Tagging of Big Game and Turkey; HB 2748 .....................................................................8
    Viatical Settlement Act of 2002—Amendments; Senate Sub. for HB 2110 ....................90
    Water Appropriation Permits—Prohibitions from Approving;
         Creation of Study Committee on Water Rights Issues;
         Senate Sub. for HB 2860 ............................................................................................9



Kansas Legislative Research Department                        xv                            2008 Summary of Legislation
LOCaL GOVeRNMeNT .....................................................................................................122
   Cemeteries and Cemetery Corporations; HB 2656 ...................................................... 117
   Cemetery Corporations’ Use of Funds; SB 450 ...........................................................109
   City and County Populations; HB 2123 ........................................................................123
   City Credit Card Fee Capture; Senate Sub. for HB 2440 .............................................126
   Correctional Officers’ Training; HB 2740 ......................................................................120
   County and School District Alternative Capital
         Improvement Procurement; Sub. for SB 485 ........................................................122
   Disposal of Township Personal Property; HB 2628 ......................................................126
   Electronic Budget Forms; Approval of Mayoral Appointments;
         Abandoned Cemeteries; Fire Districts; Township Dissoulution
         and Consolidation; HB 2217 .................................................................................123
   Fourth Year School Finance Funding; District Consolidation Incentives;
         Medicaid Replacement State Aid; Creation of Special Education
         Funding Task Force; SB 531 ...................................................................................29
   Hospital Boards; Sub. for HB 2757 ..............................................................................127
   Implied Consent; HB 2617 ........................................................................................... 112
   Irrigation District Elections; SB 558 ..................................................................................6
   Kansas Department of Transportation—Demolition of
         Housing Damaged by Flood Waters; HB 2926 .....................................................167
   Kansas Emergency Communications Preservation Act; HB 2805 .................................52
   Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
   Kansas Open Meetings Act; Senate Sub. for HB 2947 ................................................153
   Mobile Voting Sites, Mail Ballot Election, Local Primaries,
         Political Yard Signs; SB 562 ....................................................................................38
   Municipal Bonds—Published Notice of Sale; SB 239 ..................................................122
   New Housing Grants Program for Disaster Areas and Other Areas; SB 417 ...............149
   Notice for Failure to Appear; SB 366 ............................................................................101
   Offender Residency Restriction; SB 536 ...................................................................... 110
   Open Records Act; SB 702 ..........................................................................................151
   Payments to County Treasurers; SB 521 .....................................................................161
   Property Tax Lid – Secretary of Revenue to Seek Declaratory Judgment; SR 1836 ...153
   Regulation of Micro Utility Trucks; Senate Sub. for HB 2119 .......................................164
   Removal of Dead Bodies—Organ Procurement; HB 2700 .......................................... 117
   Reporting Contributions; Using Public Resources for Express Advocacy; SB 196 ........35
   Sentencing and Parole; SB 411 ....................................................................................102
   Shawnee County Fair Association Board; HB 2804 .....................................................127
   State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
   Tax-Based Financing of Capital Improvements; Senate Sub. for HB 2590 ..................160
   Townships—Equipment Reserve Fund; HB 2749 ........................................................126
   Utility Statute Amendments; HB 2637 ............................................................................45
   Vehicle Database Modernization; Senate Sub. for HB 2542 ........................................151
   Veterans Preference in Hiring for Certain
         Government Positions; Sub. for HB 2562 .............................................................167
   Voting Sites; SB 65 .........................................................................................................35
   Water Utilities Rate Increases—Procedures; SB 555 ....................................................42
   Wireless 911 Service; SB 526 ........................................................................................42




  Kansas Legislative Research Department                        xvi                            2008 Summary of Legislation
PROfessIONs aND OCCUPaTIONs
   Acquiring State Architectural and Engineering Services; HB 2744 ..............................152
   Adoption—Home Assessment; HB 2570 ........................................................................73
   Athletic Trainers; HB 2695 ..............................................................................................77
   Cosmetology and Body Arts; HB 2721 ...........................................................................78
   Dental Practice Act Amendments; HB 2702 ...................................................................78
   Emergency Medical Attendants; SB 512 ........................................................................71
   Health Care Reform Act of 2008; Health and Insurance Statutes;
         Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............ 57
   Implied Consent; HB 2617 ........................................................................................... 112
   Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
   Kansas Healing Arts Act; HB 2620 .................................................................................75
   Licensure and Examination of Certain Contractors; HB 2847 ......................................121
   Medical and Professional Screening Panels; HB 2188 ................................................ 111
   Pharmacy and Contact Lens Dispensing; Sub. for HB 2207 ..........................................73
   Prescription Monitoring Program, Pharmacy
         Quality Control, and Studies; Sub. for SB 491 ........................................................ 65
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   Satellite Dental Offices; HB 2781 ...................................................................................82
   Utilization of Unused Medications Act; HB 2578 ............................................................ 74

ReaL esTaTe
   Cemeteries and Cemetery Corporations; HB 2656 ...................................................... 117
   City and County Populations; HB 2123 ........................................................................123
   County and School District Alternative Capital Improvement
         Procurement; Sub. for SB 485 ..............................................................................122
   Disposal of Township Personal Property; HB 2628 ......................................................126
   Distribution of Certain Oil and Gas Lease Monies; SB 424 ..........................................106
   Electronic Budget Forms; Approval of Mayoral Appointments;
        Abandoned Cemeteries; Fire Districts; Township Dissolution
         and Consolidation; HB 2217 .................................................................................123
   Indemnification Agreements; House Sub. for SB 379 ..................................................101
   Land Transfer; Senate Sub. for HB 2936 .....................................................................131
   Property Tax—Liability for Certain Convertible Land; HB 2520 ....................................160
   Railroad Leases; HB 2824 ...........................................................................................166
   Real Estate and Appraisals; HB 2772 ............................................................................18
   Real Estate Brokers’ and Salespersons’ License Act; HB 2746 .....................................17
   Risk-Based Capital; Property/Casualty Flex-Rating
         Regulatory Improvement Act; HB 2689 ...................................................................99
   State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
   Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
   Title Insurance—Unearned Premium Reserves; Sub. for HB 2505 ............................... 97

ReTIReMeNT .....................................................................................................................127
   Post-Retirement Benefit Payment; Senate Sub. for HB 2390 ......................................129
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   Tax-Based Financing of Capital Improvements; Senate Sub. for HB 2590 ..................160




Kansas Legislative Research Department                        xvii                            2008 Summary of Legislation
seCURITIes
   Uniform Transfer on Death Security Registration Act; SB 432 .....................................106

seCURITY
   Air Force Mid-air Refueling Tankers; SCR 1621 .............................................................22
   Capitol Complex Security; HB 2905 .............................................................................152
   Military Scholarships and Salina Area Technical College; SB 437 .................................28
   National Bio and Agro Defense Facility—Bond Authority
        for a Capital Improvement Project; Senate Sub. for HB 2001 ...................................7
   National Bio and Agro Defense Facility—Pledge of Support; SCR 1624 .........................7
   Wireless 911 Service; SB 526 ........................................................................................42

sOCIaL seRVICes ............................................................................................................130
   Adoption—Home Assessment; HB 2570 ........................................................................73
   Adoptions; HB 2186 ..................................................................................................... 111
   Age Discrimination—Domestic Violence Discrimination; HB 2771 .................................41
   Child Custody and Military Deployment; House Sub. for SB 32 ...................................100
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Guardian and Conservator Act; HB 2644 ..................................................................... 116
   Health Care Reform Act of 2008; Health and Insurance Statutes;
         Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
   Health Insurance Portability and Accountability Act (HIPAA) Compliance; SB 441 ........85
   Home and Community Based Services; Joint Committee
         on Home and Community Based Services Oversight; House Sub. for SB 365 ....130
   Juvenile Corrections; SB 410 .........................................................................................16
   Juvenile Population Projections; SB 418 ........................................................................17
   Land Transfer; Senate Sub. for HB 2936 .....................................................................131
   Long-Term Care Partnership Program Act; SB 443 .......................................................86
   Matching Liability Insurance Claimant Information Against
         Child Support Debtor Information; House Sub. for SB 273 .....................................15
   Revised Kansas Code for Care of Children and
         Revised Kansas Juvenile Justice Code; SB 435 ..................................................107
   Sex Offenses; HB 2726 ................................................................................................ 119
   Sexual Assault Kits; HB 2727 .......................................................................................120
   Stalking; House Sub. for SB 414 ..................................................................................103
   Trust Beneficiaries; SB 412 ..........................................................................................103
   Utilization of Unused Medications Act; HB 2578 ............................................................74

sPeCIaL DIsTRICTs
   DeSoto/Johnson County Riverfront Authority; SB 518 ...................................................21
   Irrigation District Elections; SB 558 ..................................................................................6

sTaTe fINaNCes ..............................................................................................................132
   Expanded Lottery Act Funds; Senate Sub. for HB 2946 ................................................12
   Expanded Lottery Act Revenues Fund, Other Related
       Funds and Expenditures; SB 534 .........................................................................150
   FY 2008 and FY 2009 State Budget...............................................................................132
   Pooled Money Investment Board Investments; SB 472 ...............................................150



  Kansas Legislative Research Department                      xviii                           2008 Summary of Legislation
     Post-Retirement Benefit Payment; Senate Sub. for HB 2390 ......................................129
     Salary Adjustments for Nonjudicial Employees; HB 2968 ............................................122
     State Employee Pay Plan; Senate Sub. for HB 2916 ...................................................137
     State Highway Fund; HB 2491 .....................................................................................164
     State Universities’ Idle Funds and
         State Housing Loan Deposit Program; House Sub. for SB 387 ..............................25
     Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
     Wildlife and Parks Nonrestricted Fund—Creation; HB 2587 ........................................152

sTaTe GOVeRNMeNT ......................................................................................................142
   Acquiring State Architectural and Engineering Services; HB 2744 ..............................152
   Benefits for Active-Duty Military Personnel and for Veterans;
        Senate Sub. for HB 2923 ......................................................................................170
   Capitol Complex Security; HB 2905 .............................................................................152
   Correctional Officers’ Training; HB 2740 ......................................................................120
   Disposition of Republican River Compact Settlement Moneys; Sub. for SB 89 ...............1
   Driver’s License Destruction; HB 2665 .........................................................................165
   Driver’s License Photograph Fees; SB 23 ...................................................................145
   Expanded Lottery Act Funds; Senate Sub. for HB 2946 ................................................12
   Expanded Lottery Act Revenues Fund, Other Related
        Funds and Expenditures; SB 534 .........................................................................150
   Food Safety—Clarification of Authority; Meat and Poultry Inspection
        Regulation; Sale of Certificates of Free Sale; SB 557 ..............................................5
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Health Care Reform Act of 2008; Health and Insurance Statutes;
        Physician Workforce and Accreditation Task Force; House Sub. for SB 81 ............57
   Home and Community Based Services; Joint Committee on
        Home and Community Based Services Oversight; House Sub. for SB 365 .........130
   Juvenile Corrections; SB 410 .........................................................................................16
   Kansas Academy of Math and Science; SB 404 ............................................................27
   Kansas Department of Transportation—Demolition of
        Housing Damaged by Flood Waters; HB 2926 .....................................................167
   Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
   Kansas Health Policy Authority—Studies and Technical Amendments; HB 2672 ..........98
   Kansas Open Meetings Act; Senate Sub. for HB 2947 ................................................153
   Land Transfer; Senate Sub. for HB 2936 .....................................................................131
   Long-Term Care Partnership Program Act; SB 443 .......................................................86
   New Housing Grants Program for Disaster Areas and Other Areas; SB 417 ...............149
   Nomination Procedures for Appointments for Office; SB 21 ........................................142
   Open Records Act; SB 702 ..................................................................................145, 151
   Pooled Money Investment Board Investments; SB 472 ...............................................150
   Post-Retirement Benefit Payment; Senate Sub. for HB 2390 ......................................129
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   Salary Adjustments for Nonjudicial Employees; HB 2968 ............................................122
   State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
   State Employee Pay Plan; Senate Sub. for HB 2916 ...................................................137
   State Universities’ Idle Funds and State Housing Loan
        Deposit Program; House Sub. for SB 387 ..............................................................25



Kansas Legislative Research Department                     xix                          2008 Summary of Legislation
      Studies Regarding Nuclear Industrial Development; HB 2681 .......................................50
      Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
      Transfer of Food Service and Lodging Inspection
          to Kansas Department of Agriculture; SB 584 ...........................................................6
      Vehicle Database Modernization; Senate Sub. for HB 2542 ........................................151
      Veterans Preference in Hiring for Certain
          Government Positions; Sub. for HB 2562 .............................................................167
      Wildlife and Parks Nonrestricted Fund—Creation; HB 2587 ........................................152
      Wildlife and Parks Watercraft—Purchase of Liability Insurance; SB 157 .........................3

TaXaTION ...........................................................................................................................153
   Kansas Governmental Operations Accountability Law; Sub. for Sub. for HB 316 .......145
   KDFA Bonds for Specific Aviation Projects; Senate Sub. for HB 2006 ...........................22
   Property Tax—Liability for Certain Convertible Land; HB 2520 ....................................160
   Property Tax Lid—Secretary of Revenue to Seek Declaratory Judgment; SR 1836 ....153
   Retirement Omnibus Bill; House Sub. for Sub. for SB 309 ..........................................127
   State Court of Tax Appeals—Creation; Sub. for HB 2018 ............................................154
   Tax-Based Financing of Capital Improvements; Senate Sub. for HB 2590 ..................160
   Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155

TeLeCOMMUNICaTIONs
   Changes Regarding KAN-ED; House Sub. for Sub. for SB 391 ....................................27
   Kansas Emergency Communications Preservation Act; HB 2805 .................................52
   Telecommunications Mergers and Broadband Service Inventories; SB 570 ..................42
   Utility Statute Amendments; HB 2637 ............................................................................45
   Voice over Internet Protocol (VoIP) Contributions to
         the Kansas Universal Service Fund; SB 49 ............................................................42
   Wireless 911 Service; SB 526 ........................................................................................42

TRaNsPORTaTION aND MOTOR VeHICLes .................................................................160
   Atomic Veterans’ Memorial Highway; HB 2659 ............................................................165
   Benefits for Active-Duty Military Personnel and for Veterans;
        Senate Sub. for HB 2923 .....................................................................................170
   Driver’s License Destruction; HB 2665 .........................................................................165
   Driver’s License Photograph Fees; SB 23 ...................................................................145
   Electronic Motor Vehicle Financial Security
        Verification System Task Force; SCR 1616 .............................................................87
   Fleet Registration for Certain Commercial Vehicles; SB 522 .......................................162
   FY 2008 and FY 2009 State Budget; SB 534 and Senate Sub. for HB 2946 ...............132
   Gold Star Mother License Plates; HB 2691 ..................................................................165
   Great Plains Indian Highway; SB 523 ..........................................................................162
   Highways—Memorial Highways; HB 2071 ...................................................................162
   Implied Consent; HB 2617 ........................................................................................... 112
   Indemnification Agreements; House Sub. for SB 379 ..................................................101
   In God We Trust License Plates; HB 2704 ...................................................................165
   Kansas Air Passenger Support Fund; House Sub. for SB 359 ....................................160
   Kansas Department of Transportation—Demolition of
        Housing Damaged by Flood Waters; HB 2926 .....................................................167



  Kansas Legislative Research Department                            xx                             2008 Summary of Legislation
     KCC Impounded Vehicles; SB 509 ...............................................................................161
     Motor Vehicles/License Plates; HB 2622 .....................................................................165
     Notice for Failure to Appear; SB 366 ............................................................................101
     Notice of Security Interest; SB 467 ..............................................................................109
     Patriot Guard Highway; HB 2708 .................................................................................166
     Payments to County Treasurers; SB 521 .....................................................................161
     Railroad Leases; HB 2824 ...........................................................................................166
     Regulation of Micro Utility Trucks; Senate Sub. for HB 2119 .......................................164
     School Safety Violations and Teacher Contracts; SB 470 ..............................................28
     Single State Registration System; SB 462 ...................................................................161
     State Highway Fund; HB 2491 .....................................................................................164
     Tax-Based Financing of Capital Improvements; Senate Sub. for HB 2590 ..................160
     Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155
     Theft of Property; Sentencing and Treatment
          Regarding Substance Abuse; HB 2707 ................................................................. 118
     Townships—Equipment Reserve Fund; HB 2749 ........................................................126
     Vehicle Database Modernization; Senate Sub. for HB 2542 ........................................151
     Vehicle Protection Products; Sub. for HB 2725 ............................................................166

UNIfORM LaWs
   Uniform Commercial Code; SB 449 .............................................................................109
   Uniform Prudent Management of Institutional Funds Act; SB 433 ...............................107
   Uniform Transfer on Death Security Registration Act; SB 432 .....................................106

UTILITIes
    City Credit Card Fee Capture; Senate Sub. for HB 2440 ............................................. 126
    Cooperative Associations; SB 448 ...............................................................................109
    Distribution of Certain Oil and Gas Lease Monies; SB 424 ..........................................106
    Nomination Procedures for Appointments for Office; SB 21 ........................................142
    Tax Provisions—Various; Senate Sub. for HB 2434 .....................................................155

VeTeRaNs aND MILITaRY ...............................................................................................167
   Atomic Veterans’ Memorial Highway; HB 2659 ............................................................165
   Benefits for Active Duty Military Personnel and for Veterans;
        Senate Sub. for HB 2923 ......................................................................................170
   Child Custody and Military Deployment; House Sub. for SB 32 ...................................100
   Educational Opportunity for Military Children; HB 2714 .................................................33
   Highways—Memorial Highways; HB 2071 ...................................................................162
   Military Scholarships and Salina Area Technical College; SB 437 .................................28
   Nomination Procedures for Appointments for Office; SB 21 ........................................142
   Veterans Preference in Hiring for Certain
        Government Positions; Sub. for HB 2562 .............................................................167

WaTeR RIGHTs
   Disposition of Republican River Compact Settlement Moneys; Sub. for SB 89 ...............1
   Kansas Reservoirs—Extension of Productive Life; HCR 5028 ...................................... 11
   Water Appropriation Permits—Prohibitions from Approving;
       Creation of Study Committee on Water Rights Issues; Senate Sub. for HB 2860 ....9



Kansas Legislative Research Department                     xxi                           2008 Summary of Legislation
WILDLIfe aND PaRKs
   Benefits for Active-Duty Military Personnel and for Veterans;
        Senate Sub. for HB 2923 ......................................................................................170
   Failure to Comply With a Wildlife and Parks Citation; SB 267 .........................................3
   Field Trial Requirements and Prairie Dog Hunting; SB 474 .............................................4
   Hunters Feeding the Hungry, Inc.; SB 475 .......................................................................5
   Motor Boat Noise Abatement; HB 2657 ...........................................................................7
   Tagging of Big Game and Turkey; HB 2748 .....................................................................8
   Wildlife and Parks Nonrestricted Fund—Creation; HB 2587 ........................................152
   Wildlife and Parks Watercraft—Purchase of Liability Insurance; SB 157 .........................3




 Kansas Legislative Research Department                    xxii                          2008 Summary of Legislation
                                               NUMeRICaL INDeX Of bILLs
                                                House bills and Resolutions

Bill No.                                             Page               Bill No.                                               Page

Senate Sub. for HB 2001 ......................... 7                     HB 2656................................................. 117
Senate Sub. for HB 2006......................... 22                     HB 2657..................................................... 7
Sub. for HB 2018 ................................... 154                HB 2659................................................. 165
HB 2019................................................. 175            HB 2660..................................................... 8
HB 2071................................................. 162            HB 2665................................................. 165
Senate Sub. for HB 2097......................... 72                     HB 2672................................................... 98
Senate Sub. for HB 2110 ......................... 90                    HB 2681................................................... 50
Senate Sub. for HB 2119 ....................... 164                     HB 2683................................................. 175
HB 2123................................................. 123            HB 2686................................................... 98
HB 2186..................................................111            HB 2688................................................... 98
HB 2188..................................................111            HB 2689................................................... 99
Sub. for HB 2207 ..................................... 73               HB 2691................................................. 165
HB 2217................................................. 123            HB 2692................................................... 15
HB 2280................................................... 51           HB 2695................................................... 77
HB 2307................................................. 173            HB 2700................................................. 117
Senate Sub. for HB 2315......................... 13                     HB 2702................................................... 78
HB 2343................................................... 33           HB 2704................................................. 165
HB 2359................................................. 112            HB 2707................................................. 118
Senate Sub. for HB 2390....................... 129                      HB 2708................................................. 166
Senate Sub. for HB 2412....................... 175                      HB 2714................................................... 33
Senate Sub. for HB 2434....................... 155                      HB 2721................................................... 78
Senate Sub. for HB 2440....................... 126                      Sub. for HB 2725 ................................... 166
HB 2491................................................. 164            HB 2726................................................. 119
Senate Sub. for HB 2504......................... 51                     HB 2727................................................. 120
Sub. for HB 2505 ..................................... 97               HB 2735..................................................... 8
HB 2520................................................. 160            HB 2740................................................. 120
Senate Sub. for HB 2542....................... 151                      HB 2744................................................. 152
Sub. for HB 2545 ..................................... 11               HB 2746................................................... 17
Sub. for HB 2562 ................................... 167                HB 2748..................................................... 8
HB 2570................................................... 73           HB 2749................................................. 126
HB 2578................................................... 74           Sub. for HB 2757 ................................... 127
HB 2587................................................. 152            HB 2758................................................... 34
Senate Sub. for HB 2590....................... 160                      HB 2771................................................... 41
HB 2617................................................. 112            HB 2772................................................... 18
HB 2620................................................... 75           HB 2780................................................. 120
HB 2622................................................. 165            HB 2781................................................... 82
HB 2628................................................. 126            Senate Sub. for HB 2802....................... 175
Senate Sub. for HB 2634......................... 44                     HB 2804................................................. 127
HB 2637................................................... 45           HB 2805................................................... 52
HB 2642................................................. 115            HB 2824................................................. 166
HB 2643................................................. 115            HB 2825................................................. 121
HB 2644................................................. 116            HB 2845................................................. 121




Kansas Legislative Research Department                          xxiii                            2008 Summary of Legislation
                                               House bills and Resolutions (Cont)


Bill No.                                                Page              Bill No.                                              Page

HB 2847................................................. 121              HB 2926................................................. 167
HB 2858................................................... 34             Senate Sub. for HB 2936....................... 131
Senate Sub. for HB 2860........................... 9                      HB 2946................................................. 175
HB 2892................................................... 50             Senate Sub. for HB 2946......... 12, 132, 172
HB 2897..................................................... 9            Senate Sub. for HB 2947....................... 153
HB 2905................................................. 152              HB 2968................................................. 122
HB 2908................................................... 11             HCR 5028 ................................................ 11
Senate Sub. for HB 2916....................... 137                        HR 6021 .................................................. 35
Senate Sub. for HB 2923....................... 170




                                                  senate bills and Resolutions


Bill No.                                                Page          Bill No.                                                 Page

                                                                      SB 389 ................................................... 175
SB 21 ..................................................... 142       House Sub. for Sub. for SB 391 .............. 27
SB 23 ..................................................... 145       SB 404 ..................................................... 27
House Sub. for SB 32 ............................ 100                 SB 410 ..................................................... 16
SB 46 ..................................................... 100       SB 411 ................................................... 102
SB 49 ....................................................... 42      SB 412 ................................................... 103
SB 65 ....................................................... 35      House Sub. for SB 414 .......................... 103
House Sub. for SB 81 .............................. 57                SB 417 ................................................... 149
Sub. for SB 89 ........................................... 1          SB 418 ..................................................... 17
House Sub. for SB 113 ............................ 82                 SB 419 ................................................... 105
House Sub. for SB 148 .......................... 174                  SB 421 ..................................................... 27
SB 157 ....................................................... 3      SB 423 ................................................... 106
SB 178 ..................................................... 64       SB 424 ................................................... 106
SB 196 ..................................................... 35       SB 430 ................................................... 106
Sub. for SB 209 ....................................... 85            SB 431 ................................................... 106
House Sub. for SB 226 ............................ 50                 SB 432 ................................................... 106
SB 239 ................................................... 122        SB 433 ................................................... 107
SB 267 ....................................................... 3      SB 434 ................................................... 107
House Sub. for SB 273 ............................ 15                 SB 435 ................................................... 107
House Sub. for Sub. for SB 309 ............ 127                       SB 437 ..................................................... 28
Sub. for Sub. for SB 316........................ 145                  SB 438 ..................................................... 13
House Sub.for SB 327 ........................... 174                  SB 441 ..................................................... 85
House Sub. for SB 359 .......................... 160                  SB 443 ..................................................... 86
House Sub. for SB 365 .......................... 130                  SB 447 ....................................................... 4
SB 366 ................................................... 101        SB 448 ................................................... 109
House Sub. for SB 379 .......................... 101                  SB 449 ................................................... 109
House Sub. for SB 387 ............................ 25                 SB 450 ................................................... 109



  Kansas Legislative Research Department                           xxiv                             2008 Summary of Legislation
                                             senate bills and Resolutions (Cont)

Bill No.                                                Page             Bill No.                                               Page

Sub. for SB 453 ....................................... 20               SB 534 ........................... 132, 150, 172, 175
SB 462 ................................................... 161           Sub. for SB 535 ....................................... 53
SB 464 ..................................................... 87          SB 536 ................................................... 110
SB 465 ..................................................... 87          SB 545 ................................................... 110
SB 467 ................................................... 109           SB 555 ..................................................... 42
SB 470 ..................................................... 28          SB 557 .......................................................5
SB 472 ................................................... 150           SB 558 .......................................................6
SB 474 ....................................................... 4         SB 562 .....................................................38
SB 475 ....................................................... 5         SB 565 ................................................... 111
SB 477 ................................................... 109           SB 570 .....................................................42
SB 481 ................................................... 110           SB 579 .....................................................13
Sub. for SB 485 ..................................... 122                SB 584 .......................................................6
Sub. for SB 491 ....................................... 65               SB 586 .....................................................43
SB 509 ................................................... 161           SB 614 .....................................................44
SB 512 ..................................................... 71          SB 669 .....................................................32
SB 514 ..................................................... 51          SB 702 ...................................................151
SB 518 ..................................................... 21          SB 703 ...................................................173
SB 521 ................................................... 161           SCR 1616 ................................................87
SB 522 ................................................... 162           SCR 1621 ................................................22
SB 523 ................................................... 162           SCR 1624 ..................................................7
SB 524 ................................................... 110           SR 1832...................................................44
SB 526 ..................................................... 42          SR 1836.................................................153
SB 531 ..................................................... 29




Kansas Legislative Research Department                             xxv                             2008 Summary of Legislation

				
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