Legislative Update No. 2, January 20, 2017


Local Government Day is Next Week!

 

Make sure Local Government Day is on your calendar for Wednesday, January 25. Starting at 4:00 p.m. we will hear from House and Senate leadership, and then have a reception with all legislators 5:00-7:00 p.m. 

 

Again this year, KAC will host Local Government Day jointly with the League of Kansas Municipalities, providing city and county officials an opportunity to hear what’s going on under the dome in Topeka, and to talk with their legislators about issues affecting local government. The event is open to all KAC member counties and their employees. We encourage our county officials and employees to ride to Topeka with city officials and employees (mind the Kansas Open Meetings Act, however) and to call your legislators in advance and set up appointments to meet with them early in the day.  All Local Government Day events are free; however, we ask that you register so that we can better manage our programs and menu.  We came close to running out of food last year, so please let us know if you are attending so no one goes hungry!

 

Schedule
4:00 – 5:00 p.m

Remarks from the Honorable Jeff Longbine, Senate Vice President; the Honorable Anthony Hensley, Senate Minority Leader; the Honorable Ron Ryckman, Speaker of the House; and the Honorable Jim Ward, House Minority Leader.

5:00 – 7:00 p.m. 

Reception for all Senate and House members and city and county officials.

 

Budget Talks

 

Both the Senate and House held hearings this week on the Governor’s plan to balance the budget in this fiscal year and the two upcoming years. The House Appropriations Committee and Senate Ways and Means Committee both heard from the State Treasurer’s office about the liquidation of the long-term investment fund, a means proposed by the Governor to find monies for the FY17 budget.  The process to liquidate the funds is a multi-step process and a bit complicated, as demonstrated by the numerous questions from the committee members and their requests for additional information.  

 

A handout provided to the committee from the State Treasurer on the PMIB is available here (click on “here”).

 

Taxes

 

As reported last week, Representative Greg Lewis (St. John, KS) introduced a bill to repeal the tax lid.  The bill, HB 2082, is available here.  No word on whether hearings will be held on the bill.  The House Tax Committee has begun work to develop a comprehensive tax plan to fund the state budget. Chairman Steve Johnson (Assaria, KS) has shown a willingness to look at everything as the committee works to develop a tax plan that is structurally sound. The House Tax Committee held a hearing on HB 2023 Thursday, a bill that rolls back the income tax exemption for certain business types (i.e., LLCs).  KAC will continue to monitor the emerging tax policy and report any developments. 

 

Bill Introduced to Increase Truck Weights

 

Several agricultural groups including the Kansas Grain and Feed Association, Kansas Livestock Association and the Kansas Cooperative Council are proposing legislation to increase the maximum weight of trucks on Kansas highways and roads from 85,500 lbs to 90,000 and add an additional axle. They reached out to KAC weeks ago to start an open conversation about their initiative, which we appreciate.  We are reviewing information to determine the impact on highways and bridges.  We have also met with the lobbyists for the railroads, who have raised concerns about the impact of higher truck capacity on the railroads in the state.  We will rely on the County Highway Officials Association and their analysis to guide our position on the legislation.  If you have concerns or questions, contact Melissa Wangemann or Norm Bowers at KAC to discuss this legislative issue. 

 

Civil Forfeiture Bills

 

Several bill hearings are scheduled for next week relating to the Kansas law on seizure and forfeiture of assets by law enforcement. Most of these bills are in response to the Legislative Post Audit Report on civil forfeiture issued last summer.  HB 2001, 2003, 2004 and 2018 are available for review in the Law Enforcement section below. 

 

Bills of Interest

 

ELECTIONS

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

SB 8

Anthony Hensley, D-19th

Providing for canvassing of advance voting ballots mailed on the date of the election

In Senate Ethics, Elections and Local Government

1/18/2017 - Senate - Scheduled Hearing in Ethics, Elections and Local Government: Tuesday, 1/24, 9:30 AM, Rm 159-S

1/10/2017 - Senate - Referred to Ethics, Elections and Local Government

1/9/2017 - Senate - Introduced

SB 37

Senate Ethics, Elections and Local Government Committee

Elections; voting procedures where proof of citizenship not provided

In Senate Ethics, Elections and Local Government

SB 43

Vacancy elections; United States representative to congress; clarifications

In Senate Ethics, Elections and Local Government

HB 2006

J. R. Claeys, R-69th

County commission boards; expansion of commissioners; special election

In House Local Government

1/18/2017 - House - Scheduled Hearing in Local Government: Tuesday, 1/24, 1:30 PM, Rm 281-N

1/10/2017 - House - Referred to Local Government

1/9/2017 - House - Introduced

HB 2013

Keith Esau, R-14th

Write in candidates in primary elections must agree in writing to have their names placed on general election ballot

In House Elections

1/18/2017 - House - Scheduled Hearing in Elections: Wednesday, 1/25, 1:30 PM, Rm 281-N

1/10/2017 - House - Referred to Elections

1/9/2017 - House - Introduced

HB 2014

John Carmichael, D-92nd

Amending prosecutorial powers and penalties for election crimes

In House Judiciary

1/10/2017 - House - Referred to Judiciary

1/9/2017 - House - Introduced

1/5/2017 - - Prefiled for introduction

HB 2020

Gail Finney, D-84th

Elections; registration; election day registration

In House Elections

1/10/2017 - House - Referred to Elections

1/9/2017 - House - Introduced

1/6/2017 - - Prefiled for introduction

HB 2024

House Federal and State Affairs Committee

Interstate compact on the agreement among the states to elect the president by national popular vote act

In House Federal and State Affairs

HB 2075

House Federal and State Affairs Committee

Elections; voting procedures where proof of citizenship not provided

In House Elections

 

ENVIRONMENT

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

HB 2032

House Water and Environment Committee

Increasing fees credited to the state water plan fund

In House Water and Environment

HB 2099

House Agriculture Committee

Relating to remedies for the impairment of a valid water right or permit to divert and use water

In House Agriculture

HB 2100

House Agriculture Committee

Relating to water conservation areas

In House Agriculture

 

FEDERAL AND STATE AFFAIRS

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

HB 2072

House Federal and State Affairs Committee

Creating the Eisenhower preservation fund; registration fees

In House Appropriations

HB 2074

House Federal and State Affairs Committee

Creating a permanent exemption for certain entities from the public buildings law under the personal and family protection act

In House Federal and State Affairs

HB 2081

House Federal and State Affairs Committee

Public employer liability for public employees carrying a concealed handgun

In House Federal and State Affairs

HCR 5004

House Federal and State Affairs Committee

Constitutional amendment granting counties home rule powers

In House Federal and State Affairs

 

JUDICIARY

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

SB 41

Creating the crimes of assault of a public transportation employee and battery against a public transportation employee

In Senate Judiciary

 

LAW ENFORCEMENT

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

SB 1

Legislative Post Audit Committee

Eliminating the reporting requirements for law enforcement agencies concerning civil asset seizures and forfeitures

In Senate Judiciary

1/10/2017 - Senate - Referred to Judiciary

1/9/2017 - Senate - Introduced

12/5/2016 - - Prefiled for introduction

SB 3

Legislative Post Audit Committee

Kansas standard asset seizure and forfeiture act; restriction on county or district attorney

In Senate Judiciary

1/10/2017 - Senate - Referred to Judiciary

1/9/2017 - Senate - Introduced

12/5/2016 - - Prefiled for introduction

SB 4

Legislative Post Audit Committee

Clarifying and limiting discretion for expenditure of proceeds from civil forfeiture

In Senate Judiciary

1/10/2017 - Senate - Referred to Judiciary

1/9/2017 - Senate - Introduced

12/5/2016 - - Prefiled for introduction

SB 6

Oletha Faust-Goudeau, D-29th

Standardized law enforcement procedure to assess possession of firearms by an individual during routine stop

In Senate Judiciary

1/10/2017 - Senate - Referred to Judiciary

1/9/2017 - Senate - Introduced

1/5/2017 - - Prefiled for introduction

HB 2001

Legislative Post Audit Committee

Eliminating the reporting requirements for law enforcement agencies concerning civil asset seizures and forfeitures

In House Judiciary

1/18/2017 - House - Scheduled Hearing in Judiciary: Monday, 1/23, 3:30 PM, Rm 112-N

1/10/2017 - House - Referred to Judiciary

1/9/2017 - House - Introduced

HB 2003

Legislative Post Audit Committee

Kansas standard asset seizure and forfeiture act; restriction on county or district attorney

In House Judiciary

1/18/2017 - House - Scheduled Hearing in Judiciary: Monday, 1/23, 3:30 PM, Rm 112-N

1/10/2017 - House - Referred to Judiciary

1/9/2017 - House - Introduced

HB 2004

Legislative Post Audit Committee

Clarifying and limiting discretion for expenditure of proceeds from civil forfeiture

In House Judiciary

1/18/2017 - House - Scheduled Hearing in Judiciary: Monday, 1/23, 3:30 PM, Rm 112-N

1/10/2017 - House - Referred to Judiciary

1/9/2017 - House - Introduced

HB 2018

Gail Finney, D-84th

Requiring conviction before forfeiture of assets

In House Judiciary

1/18/2017 - House - Scheduled Hearing in Judiciary: Tuesday, 1/24, 3:30 PM, Rm 112-N

1/10/2017 - House - Referred to Judiciary

1/9/2017 - House - Introduced

HB 2069

House Judiciary Committee

Amending the definition of 'conviction' for applicant qualification under the Kansas law enforcement training act

In House Judiciary

HB 2070

House Judiciary Committee

Creating an exemption to the Kansas open records act for the central registry of Kansas police and law enforcement officers

In House Judiciary

HB 2116

House Corrections and Juvenile Justice Committee

Amendments to the Kansas standard asset seizure and forfeiture act

In House Judiciary

 

LOCAL GOVERNMENT

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

HB 2094

House Local Government Committee

Municipalities; contracts with other municipalities

In House Local Government

HB 2102

House Federal and State Affairs Committee

Board of county commissioners; meetings

In House Federal and State Affairs

 

PUBLIC HEALTH

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

HB 2114

House Appropriations Committee

Permanently exempting community mental health centers from the public buildings law under the personal and family protection act

In House Appropriations

 

TAXATION

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

SB 39

Senate Assessment and Taxation Committee

Permitted use of tax information in certain tax actions and proceedings; tax liens upon personal property; tax warrants; time for returns and payment of tax; liability for persons responsible for collection of sales or compensating tax

In Senate Assessment and Taxation

HB 2082

House Taxation Committee

Property tax lid; cities and counties; repealed

In House Taxation

HB 2083

House Taxation Committee

Requiring proof of payment of real and personal property taxes for motor vehicle registration

In House Taxation

HB 2105

House Taxation Committee

Oil and gas property statement of assessment, due date for filing

In House Taxation

 

TRANSPORTATION

Bill Number

Bill Sponsor

Bill Subject

Current Status

Last Action

SB 35

Senate Transportation Committee

Operation of transit buses on certain right shoulders in Wyandotte county

In Senate Transportation

HB 2095

House Transportation Committee

Providing a special vehicle permit for certain vehicle combinations

In House Transportation

HB 2096

House Transportation Committee

Operation of transit buses on certain right shoulders in Wyandotte County

In House Transportation