Visitors at the Capitol

Since I live about 15 minutes away from the Capitol, I often volunteer to host groups who travel to Topeka on the week-end that want to learn more about how Kansas government works.  It was my pleasure to visit with 8 foreign exchange high school students from nearby counties who took a guided tour of the Capitol first, then joined me in the Senate Chamber to ask me some great questions about how our state government functions, especially in relation to their experience in their home countries. I am always amazed at their insights and observations!


 

This week, the Senate adopted SB 421, legislation that would transfer $253.9 million from the State General Fund (SGF) directly to the Kansas Public Employees System (KPERS) Trust Fund to pay off outstanding accounts receivable for KPERS-School employer contributions that did not get paid in FY 2017 and FY 2019.  In addition, the Senate adopted SB 443, which would appropriate $332.2 million from the State General Fund (SGF) to the Department of Administration in FY 2022 to pay off the remaining balance of two series of callable bonds ahead of the final maturity dates in FY 2035. Both bills were adopted unanimously and are an important part of our effort to use budget surplus to place our state in a favorable position financially.
 

Real Estate Licensing

It’s important that when the public is engaging in real estate transactions, they are doing so with the knowledge the person assisting them is licensed appropriately. SB 382 would amend the Real Estate Brokers’ and Salespersons’ License Act by requiring individuals and organizations dealing in assignable contracts for the purchase, sale, or option on real estate to be licensed by the Kansas Real Estate Commission. The folks we are talking about are engaged in “wholesaling” and often advertise they will buy your home, but they sell it to a 3rd party to make a profit and many times the sale falls through, ultimately harming the seller.  This bill has no impact on “For Sale by Owner” transactions.  The Real Estate Commission would also be authorized to issue cease and desist orders to those selling homes to a 3rd party without a license.  SB 382 passed the Senate 38-2.  I carried this bill on the Senate floor and I voted YES. 

SB 408 would amend the definition of the crime of theft to make theft of property that is mail of the value of less than $1,500 from three separate locations within a period of 72 hours as part of the same act or transaction, or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct, a severity level 9 nonperson felony.  SB 408 passed the Senate 40-0.

SB 368, would amend the definition of “sexually violent crime” in the Kansas Offender Registration Act (KORA) to include the crimes of internet trading in child pornography and aggravated internet trading in child pornography. The bill would require an offender to register under KORA for a period of 25 years if convicted of internet trading in child pornography or aggravated internet trading in child pornography if the victim is more than 14 but less than 18 years of age. SB 368 passed the Senate 40-0.

SB 366 would amend the definition of the crime of burglary by expanding the locations in which a person may not, without authority, enter or remain within to include any locked or secured portion of any dwelling or building, manufactured home, mobile home, tent, or other structure which is not a dwelling, with intent to commit a felony, theft, or sexually motivated crime therein. The bill would also amend the definition of the crime of aggravated burglary to prohibit the same conduct when there is a human being present in the locations specified by the bill. SB 366 passed the Senate 39-1.

 SB 493, which would prohibit municipalities from adopting or enforcing an ordinance, resolution, or regulation that restricts, taxes, prohibits, or regulates the use of auxiliary containers. The bill would define “auxiliary container” as a bag, cup, package, container, bottle, device, or other packaging. I very much support local control, but with over 700 cities and counties in Kansas, the idea of a different rule in every locality regarding the use of these containers made no sense.  I also have several chain grocery stores in my district that clearly wanted a consistent regulatory environment for the many stores they own/supply all across Kansas.  SB 493 passed the Senate 27-13. I voted YES.

SB 446 would designate each of three bridges in Cherokee County as Veterans Memorial Bridge: Bridges No. 0011-B0109 on US-166 and Bridges No. 0011-B0072 and   0011-B0005 on K-66. SB 446 passed the Senate 40-0.

SB 336 would amend certain investment limitation requirements to increase the permissible investment options in equity interests and preferred stock for Kansas-domiciled life insurance companies. The bill would also correct the unlawful delegation of authority in current statutes. SB 336 passed the Senate 38-2. I voted YES.

SB 348 would exempt threading from the definition of cosmetology in law related to the licensure of cosmetologists. The Board of Cosmetology currently does not issue licenses to individuals or facilities specifically for providing threading services. SB 348 passed the Senate 34-6. I voted YES.

SB 367 would require officers to file copies of receipts with the court when property is seized under a search warrant and providing requirements and procedures for destruction or disposition of dangerous drugs and return or disposition of weapons. 
SB 367 passed the Senate 40-0.

SB 373 would appropriate $500,000 from the State General Fund for the fiscal year ending June 30, 2022, to the University of Kansas Medical Center for use at the Midwest Stem Cell Therapy Center. The bill would permit the Center to use the funds for the purpose of conducting clinical trials to treat COVID-19 patients using MSCTC-0010 cells developed at the Center. The bill would grant the director of the Center with the direction and control of the expenditures.  SB 373 passed the Senate 23-17. I voted NO.  If you read the story in the Capital Journal you will understand why this bill was not a wise expenditure of funds.  It was not requested by the Medical Center, only by a member of the Advisory Board.

SB 399 would amend the Health Care Provider Insurance Availability Act by adding maternity center, as defined in KSA 65-503, to the definition of a health care provider in the Act. The proponent noted lack of access to affordable malpractice insurance is a barrier to providing high value and affordable health care services for Kansas families and taxpayers.SB 399 passed the Senate 40-0.

Sub for SB 400 would amend the Kansas Uniform Trust Code to add to the list of trust matters that could be resolved by a non-judicial settlement agreement, to increase the limit on the total value of a trust before a trustee could seek to terminate such trust as being non-economic, and to amend the definition of a “resident trust.” Sub for SB 400 passed the Senate 40-0.

SB 405 would authorize and direct the Executive Director of the Kansas Historical Society (KSHS), on behalf of the KSHS, to convey by quitclaim deed, a 0.52-acre parcel of land in Johnson County to the Shawnee Tribe. SB 405 passed the Senate 40-0.

SB 417 would establish new permit renewal fee limitations for solid waste disposal areas and solid waste processing facilities that are regulated by the federal standards for the disposal of coal combustion residuals.  SB 417 passed the Senate 39-1.

SB 419 would allow the Secretary of Corrections, with the consent of the Director of Police Training of the Kansas Law Enforcement Training Center (KLETC), to designate an employee of KDOC to attend the KLETC or any training school certified under continuing law o attend courses provided by the KLETC or a certified training school. The bill would require the KDOC and employee be provided a transcript of the courses successfully completed.  SB 419 passed the Senate 40-0.

SB 425 would amend a law governing access, exchange, and disclosure of information in the Revised Kansas Code for Care of Children to require the Secretary for Children and Families to disclose confidential agency records of a child alleged or adjudicated to be a child in need of care to the law enforcement agency investigating the alleged or substantiated report or investigation of abuse or neglect, regardless of the disposition of such report or investigation. SB 425 passed the Senate 40-0.

SB 434 would amend a statute in the Kansas Open Records Act governing procedures for obtaining access to public records to require requests for records that contain captured license plate data or that pertain to the location of an automated license plate recognition system (ALPRS) submitted to a state or local law enforcement agency or governmental agency be directed to the state or local law enforcement agency or governmental agency that owns, leases, or contracts for the ALPRS.
SB 434 passed the Senate 39-1.

SB 435 would expand law enforcement officers' jurisdiction to include situations when an illegal act is observed that the officer reasonably believes will jeopardize the safety of any person without immediate action.  SB 435 passed the Senate 38-1.

SB 440 would authorize occupational therapists to provide limited services to patients without referral from a health care provider and amend the Occupational Therapy Practice Act. The bill would allow occupational therapists to provide services without a referral for workplace injury prevention, for activities of daily living, or for special education students who need OT services based on their IEP. The bill would not prevent a hospital or ambulatory surgical center from requiring a physician to order or make a referral for occupational therapy services for a patient currently being treated in such a facility.  SB 440 passed the Senate 37-2. I voted YES.

SB 448 would amend the state Unfair Trade Practice Law to exempt additional practices from those practices considered to be unfair or deceptive acts or practices in the business of insurance that relate to unfair discrimination and rebates. The bill would amend the Uniform Insurance Agents Licensing Act to clarify that allowed rebating practices would not be grounds for disciplinary action against an applicant or license holder seeking or issued a license under such act. The bill would also amend current law relating to fire and casualty insurance rates to replace the term “agent” with “producer.”  SB 448 passed the Senate 36-1. I voted YES.

Sub for SB 450 would enact law and amend law relating to the sale of certain state real property, particularly in the area of state educational institutions under the Kansas Board of Regents and the disposition of proceeds from the sale of surplus real estate of state agencies. Sub for SB 450 passed the Senate 38-2. I voted YES.

SB 453 would amend the statute concerning training for certified aides to work in adult care homes to allow licensed practical nurses to teach certain training courses.  The bill would replace references to “unlicensed employees” with “certified aides” and add language allowing registered professional nurses or licensed practical nurses, who are licensed and in good standing to practice in Kansas, to be instructors of training courses on basic resident care skills. An instructor with multi-state licensure privilege would also satisfy this requirement. SB 453 passed the Senate 40-0.

SB 313 designates a portion of United States highway 69 as the Senator Tom R Van Sickle memorial highway. SB 313 passed the Senate 40-0.

SB 483 would increase criminal penalties for theft and criminal damage to property involving remote service units such as automated cash dispensing machines and automated teller machines. SB 483 passed the Senate 40-0.

SB 215 would transfer the authority for postsecondary driver's education programs and driver training schools from the state board of regents to the department of revenue. SB 215 passed the Senate 40-0.

SB 457 would require a waiver of extradition proceedings as a condition of bond. SB 457 passed the Senate 40-0.

SB 141 would enact the Kansas Uniform Directed Trust Act (UDTA) to allow for the creation of directed trusts and amend provisions in the Kansas Uniform Trust Code (UTC) to reflect the enactment of the UDTA.   SB 141 passed the Senate 39-1.

SB 362 would require local school boards to annually review state academic assessments and utilize such assessments and the school district’s building needs assessment when reviewing and approving the school district’s budget. The bill would require a board to utilize the district’s building needs assessment during approval of the school district budget. Boards would be required to include in their minutes during approval of the budget that the board received the district’s need assessment, how the board evaluated said assessment, and how said assessment was utilized in the district’s budget.  SB 362 passed the Senate 35-3.  I voted YES.

Sub for SB 34 promotes the principle of limited government by requiring all rules and regulations adopted under the Rules and Regulations Filing Act to be reviewed by agencies every five years, would establish reporting requirements for agencies, and would establish an alternative revocation procedure for certain rules and regulations.  Sub for SB 34 passed the Senate 32-7.  I voted YES.
 
 You can follow what is happening in Committee rooms and on the floor of the Senate Chamber on-line.  Here are the links:
 
Kansas Legislature YouTube – Here you can follow the legislature live as it happens, or access archives of past sessions and committee meetings.

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

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

 

Wednesday, March 23rd	Last day to consider non-exempt bills not in originating chamber.
Friday, April 1st	First Adjournment. Drop Dead Day.  No bills considered after this date except bills vetoed by the Governor or Omnibus Appropriations bills.
Monday, April 25th	Veto Session begins.
Tuesday, May 10th	Day 90.

 

If you have any questions about the activities in my committees or want to share your views on any of the issues before the legislature, please feel free to email me or call my office.  


          Brenda Dietrich
          Room 223-E, State Capitol Building
          300 SW 10^th St.
          Topeka, KS 66612
          785-296-7648