KANSAS ASSOCIATION OF COUNTIES
SUMMARY OF LAWS ENACTED
BY THE KANSAS LEGISLATURE
2010
911
Sen Sub for HB 2582 delays the expiration for one year –until July 1, 2011—the current funding provisions in Kansas law for 911. Current laws allow counties to charge up to $.75 on hardwire lines and also authorizes a $.50 wireless fee. The bill immediately prohibits use of 911 funds for subscriber radio equipment. In addition, each public safety answering point (PSAP) is required to provide to the Local Collection Point Administrator (KAC and LKM) by January 10, 2011, a report accounting for its receipts from calendar year 2010 of any monies received from its local governing body.
Alcoholic Liquors
SB 452 prohibits any person younger than 18 years of age who is arrested only for the violation of possessing, consuming, obtaining, purchasing, or attempting to purchase alcoholic liquor or cereal malt beverages, from being detained or placed in jail. The person is also prohibited from being detained or placed in a juvenile detention facility for a period exceeding 24 hours, excluding Saturdays, Sundays and legal holidays.
The bill reduces the residency requirement from four years to one year. The bill changes issuance of a liquor license from a one-year term to biennially for licenses under the Liquor Control Act. Licenses under the Club and Drinking Establishment Act will be staggered so that certain licenses are issued biennially while others are used for one year until July 1, 2011, when all licenses will be issued biennially. License fees have to be paid biennially, in accordance with the license renewal, but fees do not increase.
The applicant is allowed to pay the full biennial fee or one-half of the fee. If the applicant chooses to pay one-half, the applicant must pay the next one-half fee plus 10%, which is due one year from the date of the issuance of the license.
An applicant may pay by personal check, by debit or credit card, or by electronic payment. In addition, the bill allows a refund of one-half the license fee if the applicant paid the amount in full and was prevented from operating under such license for the entire second year of the license term. Under the bill, all license fees are remitted to the State General Fund.
The bill changes the term of an occupation or license tax levied by a city or township on a licensee from one year to biennial. The Director is authorized to extend the license term date and payment of the second half of the license fee by the licensee for 30 days. Also, the Director is authorized to issue a biennial license to municipal corporations under the Club and Drinking Establishment Act. A municipal corporation is defined as the governing body of any city or county.
The bill prohibits the issuance of a club or drinking establishment license to any person who does not own the premises for which the license is sought or who does not have a written lease at the time the application was submitted except that an applicant seeking a license for a premise owned by a city or county, or a stadium, arena, convention center, theater, museum, amphitheater, or other similar premise, may submit an executed agreement to provide alcoholic beverage services at the premises listed in the application in lieu of a lease.
The bill amends the Kansas Liquor Control Act by requiring a manufacturer or supplier of alcoholic beverages or cereal malt beverages, who is licensed in Kansas or another state, to acquire an annual packaging and warehousing facility permit. Under the bill, the annual packaging and warehousing facility permit allows:
· The transfer of alcoholic liquor or cereal malt beverage to the licensed premises of a packaging and warehouse facility for the purpose of packaging or storage, or both;
· The sale and transfer from a licensed premise of a packaging and warehouse facility to a licensed premise of a spirits, wine, beer distributor licensed in Kansas or to a Kansas supplier; and
· The transfer from the licensed premises of a packaging and warehouse facility to another state.
The bill establishes an annual fee of $2,500 for the annual packaging and warehousing facility permit. Each brand and label of alcoholic liquor or cereal malt beverage that is intended for sale to a distributor in Kansas and is transported, packaged or stored in a licensed packaging and warehouse facility would have to be registered with the Director of Alcoholic Beverage Control.
Under the bill, the gallonage tax is imposed on alcoholic liquor or cereal malt beverage imported into Kansas under the permit if the alcoholic liquor or cereal malt beverage is sold to a distributor for wholesale in Kansas. The distributor is required to pay the tax.
The bill amends the Kansas Liquor Act by allowing the spouse of an applicant for a retail liquor license to hold a farm winery license, a microbrewery license, or both, if the spouse does not hold a retail liquor license under the Act. The bill allows a farm winery licensee also to hold a microbrewery license and vice versa, but statutory provisions for each license would be kept separate. The bill also clarifies that only a farm winery licensee could obtain a manufacturer’s license and keeps in place the prohibition of a microbrewery licensee from obtaining a manufacturer’s license.
Annexation
SB 214 prohibits a city form annexing unilaterally or by consent a narrow corridor of land to gain access to noncontiguous land. The corridor of land must have a tangible value, and a purpose other than enhancing future annexations.
HB 2283 applies to the process of transferring water services when a city annexes property where a rural water district is providing service. The bill amends the law to provide an additional factor that must be considered by a rural water district’s board of directors prior to their releasing lands from the rural water district. The bill also repeals KSA 12-527 dealing with the annexation of lands located within water districts and clarifies existing guidelines for the implementation of an intensive groundwater use control area within the boundaries of a groundwater management district.
Bonds
SB 415 amends provisions applying to the investment of certain bond proceeds by governing bodies of certain municipalities.
General Bond Law (KSA 10-131) – The bill amends the law that applies to taxing subdivisions that have the power to issue general obligation bonds to allow for authorized investments to include the Government National Mortgage Association. (These investments are commonly referred to as Ginnie Maes, pools of mortgage funds guaranteed by the GNMA.)
Revenue Bond Law (KSA 2009 Supp. 10-1009) – The bill also amends the law governing the power granted to municipalities to issue revenue bonds to extend the time limitation specified for the maximum stated rate of interest which may be fixed on fixed- or variable-rate bonds issued by a municipality or taxing subdivision (of the State of Kansas) from June 30, 2010 to June 30, 2012. Under existing law, the specified maximum stated interest rate is to be determined on the day the bonds are sold and shall not exceed the daily yield for the ten-year treasury bonds published by the Bond Buyer in New York, New York, plus a certain interest percentage. Specifically, the bill increases the interest percentages from 5 to 6 percent (if the interest on the bonds is excluded from gross income for federal tax purposes) or from 6 to 7 percent (if interest is included).
Investment of Idle Funds (KSA 2009 Supp. 12-1675) – The bill amends one of the investment types (idle funds) permitted by existing law to include investments in savings deposits.
The bill allows the investment in general obligation bonds of any Kansas municipality. This investment is subject to the provision in law that first requires a municipality to offer its idle funds to eligible financial institutions (institution given the ability to offer to match the PMIB-published investment rate in KSA 2009 Supp. 121675(a)).
SB 451 makes a change to the municipal bond law. The bill allows municipalities the option of accepting the good faith deposit for a municipal bond in the form of cash including cash deposited via electronic fund transfer. Previously, the good faith deposit could be made only in the form of a certified or cashier’s check or surety bond.
If the good faith deposit is made by wire transfer into a municipality’s account, the bill will alter the deadline by which the deposit must be furnished. Previously, the law required the deposit to be furnished at or prior to the time of sale by each bidder; the bill allows the option of changing that deadline, for wire transfers, to any time prior to the time the municipality’s governing body accepts the bid from the bond purchaser.
SB 463 adds Norton County to those counties authorized to have a bonded indebtedness limit of 30 percent of the assessed value of all tangible taxable property. Previous law limited all counties to a 3 percent bonded indebtedness level, except Franklin and Wyandotte counties, for which the limit was 30 percent.
HB 2551 authorizes the Department of Commerce to distribute two types of bonds called recovery zone bonds and energy conservation bonds to counties and large municipalities in Kansas pursuant to the allocation methods specified in §§ 1400U-1 and 54D(e)(1) of the federal Internal Revenue Code, respectively. The allocation formula for the recovery zone bonds is based upon unemployment rates in 2008, and for the energy conservation bonds the allocation is based upon total population. For the purposes of these two bonds, a large municipality is defined by federal statute to mean a city with a population greater than 100,000. The bill grants rule and regulation making authority to the Commerce Department to administer provisions of the act.
Budget
Sen Sub. for HB 2222 and House Sub. for SB 572 contain FY 2010 supplemental appropriations; FY 2011 operating expenditures; and multi-year capital improvements for state agencies.
The approved amount for FY 2010 decreases amounts approved by the 2009 Legislature by $196.0 million from the State General Fund and increases amounts approved from all funding sources by $1.36 billion. Approved FY 2010 State General Fund expenditures total $5.417 billion, $111,819 below the amount recommended by the Governor. Expenditures from all funding sources total $14.414 billion, $5.6 million above the amount recommended by the Governor. The approved current year budget reflects State General Fund allotments made by the Governor in July and November of 2009 for FY 2010. These allotments, through a series of recommended revenue adjustments and expenditure reductions, were intended to increase the FY 2010 State General ending balance by $391.6 million. Approximately $95.0 million of the recommended adjustments required legislative authorization, and were subsequently approved by the 2010 Legislature.
For FY 2011, the approved amount is $5.621 billion from the State General Fund and $13.685 billion from all funding sources. The FY 2011 amount is $210.7 million, or 3.6 percent, below the amount recommended by the Governor from the State General Fund and $41.3 million, or 0.3 percent, below the amount recommended by the Governor from all funding sources. The approved number of full-time equivalent (FTE) positions totals 41,523.1, which is a decrease of 63.5 FTE positions below the revised FY 2010 number of 41,586.6 FTE positions.
Major items reflected in the currently approved FY 2011 budget include the following:
· State General Fund expenditures for the Department of Education increase by $133.4 million, or 4.7 percent. Of the increase, $85.9 million was recommended to replace federal stimulus funding utilized in FY 2010. Funding for the local option budget increased $42.6 million, or 0.1 percent, from $296.6 million to $339.2 million. Special education is funded at 86.2 percent of excess costs in FY 2011, as compared to 88.7 percent in FY 2010. (Base State Aid Per Pupil, after both Governor’s allotments, in FY 2010 is $4,012 per pupil, which is a reduction of $268 per pupil, or 6.3 percent below the approved FY 2010 amount of $4,280, by the 2009 Legislature. In FY 2011, the Base State Aid Per Pupil also will be $4,012.)
· State General Fund expenditures increased by a total of $42.5 million for the Department of Social and Rehabilitation Services ($23.8 million), the Health Policy Authority ($13.1 million), and the Department on Aging ($5.6 million), largely reflecting increases in consensus caseloads. Other adjustments for these agencies include the following:
· The approved FY 2011 budget reflects an increase of $8.9 million for Home and Community Based Services for the Frail Elderly ($2.0 million), and the Physically and Developmentally Disabled ($6.9 million).
· The approved budget for FY 2011 also reflects State General Fund reductions of $131.0 million below the Governor’s recommendations, offset by increased federal Medicaid funds, based on the proposed extension of the enhanced federal match rate for the Medicaid program from December 31, 2010 to June 30, 2011, and a State General Fund reduction of $27.0 million, offset by special revenue funds, to reflect adjustments related to the implementation of the Health Care Cost Containment and Recovery Services (Medicaid recoveries) Pilot Project for FY 2011. In addition to State General Fund reductions in the budgets of the Department of Social and Rehabilitation Services ($40.3 million), the Health Policy Authority ($82.8 million), and the Department on Aging ($24.7 million), a total of $435,816 is reduced from the budget of the Juvenile Justice Authority for FY 2011 for these two items.
· The approved FY 2011 budget includes $50.0 million, including $5.0 million from the State General Fund, for disaster relief payments in the budget of the Adjutant General.
· State General Fund expenditures for the Board of Regents and the Regents institutions increased by $5.8 million, or 0.8 percent, and included $5.6 million for debt service payments.
· The 2010 Legislature approved the addition of $1.7 million, all from the State General Fund, in the budget of Norton Correctional Facility for FY 2011, to reopen Stockton Correctional Facility, providing an additional 128 correctional facility beds.
The Legislature approved a number of state employee pay adjustments for FY 2011 including:
· A reduction of $3.6 million, including $2.5 million from the State General Fund, for a 5.0 percent reduction to salaries for state officers, including all state-wide elected officials, legislators, justices and judges, agency heads, and the Governor’s office staff. This reduction continues the pay reduction of 5.0 percent that was imposed on state officer salaries for the last part of the current fiscal year. The Governor line-item vetoed this provision.
· A reduction of $13.5 million, including $5.2 million from the State General Fund, to capture savings by requiring state agencies, except the Judicial Branch, to self-fund state employee longevity bonus payments.
· A reduction of $12.9 million, including $10.1 million from the State General Fund, to implement a moratorium on employer contributions to the Kansas Public Employees Retirement System Death and Disability Fund for the last quarter of FY 2011.
· The Legislative approved budget includes funding of $8.5 million, all from the State General Fund, for the third year of the state employee undermarket pay adjustment.
The Legislature also deleted expenditures of $500,000, all from the State General Fund, in FY 2011 to implement a ban on out-of-state travel, without specific authorization for such travel by the Governor for the Executive Branch, the Chief Justice for the Judicial Branch, or Speaker of the House or President of the Senate for the Legislative Branch.
The 2010 Legislature also provided for a tax amnesty program for all delinquent taxes received from September 1, 2010, to October 15, 2010. The amnesty applies to all delinquent tax liabilities for tax periods ending on or before December 31, 2008. The Department may waive penalty and interest during the amnesty period.
The Legislature authorized the issuance of $36.0 million in bonds for the second half of Phase V, the final phase of the Capitol restoration and renovation, in the budget of the Department of Administration for FY 2011.
State General Fund Expenditures by Major Purpose. Of the approved FY 2011 State General Fund expenditures of $5.621 billion, 56.8 percent or $3.192 billion is for state aid payments to local units of government (mainly local school districts), 24.5 percent or $1.377 billion is for state operations (the daily costs of operating state government, i.e., state employee salaries, rents, travel, communications, and other such expenditures), $1.019 billion or 18.1 percent is for other assistance (payments to individuals such as public assistance benefits, and unemployment benefits), and $34.7 million or 0.6 percent is for capital improvements.
Clerks
SB 430 moves administration of the local option intangibles tax from the state to the local level, by shifting the filing to the county clerk instead of the Department of Revenue.
Sen Sub for HB 2039 amends the law to clarify that when there is no sheriff or undersheriff, the county clerk will assume the duties and powers of the office of sheriff until a sheriff is elected or qualified. The bill also clarifies that when the sheriff is in county jail, the county clerk would be the keeper of the county jail.
Concealed Carry of Weapons
House Sub. for SB 306 amends the Personal and Family Protection Act, which established the concealed carry law. The proposed amendments remove and modify provisions in current law, adjust various fees associated with licensure, add several new provisions, and make technical amendments. The bill:
· Changes the term “weapon” to “handgun” in the Act;
· Deletes a number of requirements that must be met prior to licensure in order to qualify to carry a concealed handgun;
· Maintains the requirements that a person cannot obtain a license if prohibited from possessing a firearm either by federal or state law, the person must be at least 21 years of age, and the person must be a resident of the state and county where application for licensure is made;
· Adds a provision that allows a person to carry a concealed handgun while the application is pending if the individual meets certain criteria;
· Modifies the process for license renewal by eliminating certain requirements;
· Modifies the driver license requirement for dependents of certain military personnel relative to the license application process;
· Reduces the fees associated with licensure for concealed carry and reduces fees for renewals;
· Eliminates the requirement for fingerprinting of applicants for renewal of a concealed carry license and adds a requirement for a name-based national criminal records check for renewals;
· Adds a provision that extends the term of a license for 90 days after a person is no longer a resident of the state;
· Modifies the provisions which govern the public and private places a licensee may not carry a concealed handgun and provides new language for violations, with a first offense a $50 fine, a second offense a $100 fine, and the third or subsequent offense a class B misdemeanor;
· Excludes parking lots and garages from being included in any public or private facility where a concealed handgun is prohibited;
· Revises the dimensions, locations, and other features of signs prohibiting the concealed carry of handguns, subject to rules and regulations adopted by the Attorney General;
· Amends current provisions governing the crime of carrying a concealed handgun while under the influence of alcohol or drugs;
· Deletes implied consent for testing for alcohol or drugs under most circumstances, except in cases of death or serious injury caused by the license holder for concealed carry of a handgun; and
· Adds an additional exception to the general criminal prohibition of firearms possession for individuals who possess a license to carry a concealed handgun.
Contracts
SB 377 amends the Kansas Fairness in Private Construction Act and the Kansas Fairness in Public Construction Act relating to retainage. An owner, contractor or subcontractor may not withhold more than 5% of the value of the contract or subcontract as retainage—unless the owner or contractor determines that a higher rate of 10% is required to ensure performance of the contract. The bill caps retainage at 10%. The bill also requires release of retainage on any undisputed payment due within 30 days after substantial completion of the contract. The bill allows the public or private owner to accept alternative security in lieu of retainage, but does not require it (the originally-introduced bill did require acceptance of the alternative security). Alternative security is defined as a bond, letter of credit, certificate of deposit or other type of asset.
Under the bill, an owner may withhold not more than 150 percent of the value of incomplete work, provided that the incomplete work is due to the fault of a contractor. A contractor may withhold not more than 150 percent of the value of incomplete work, provided that the incomplete work is due to the fault of a subcontractor. Any amounts retained for incomplete work shall be paid within 45 days after completion of the work as part of the regular payment cycle. A subcontractor may withhold not more than 150 percent of the value of incomplete work that is the responsibility of another subcontractor, provided that the incomplete work is due to the fault of such other subcontractor. Any amounts retained for incomplete work shall be paid within 45 days after completion of the work as a part of the regular payment cycle.
The bill reconciles the language of the Kansas Fairness in Public Construction Act and the Kansas Fairness in Private Construction Act so that the portion of the acts dealing with retainage would be similar.
House Sub. for SB 513 amends the Alternative Project Delivery Building Construction Procurement Act to include district hospitals in the alternative delivery building construction process. The bill makes a technical change to replace the terms “general contractors or construction managers” with “firm” when a unified school district, district hospital, or board of county commissioners solicit proposals for alternative delivery building construction process. Under the bill, “firm” is defined as any individual, partnership, joint adventure, corporation, or other legal entity which is engaged in the business of providing construction management or general construction contracting services. The bill requires boards of county commissioners, district hospitals, and unified school districts to conduct interviews with each of the prequalified firms in executive sessions.
Courts
SB 368 amends the effective date of the criminal penalty provisions regarding third and fourth or subsequent convictions for driving under the influence (DUI) that were enacted with the passage HB 2096 in 2009 from July 1, 2010, to July 1, 2011. Further, the bill amends the administrative penalty provisions for a second alcohol or drug-related conviction to require a one-year suspension of the person’s driving privileges, which may be modified after a 45-day hard suspension and application to the Kansas Division of Motor Vehicles. A person’s driving privileges are restricted for the remainder of one year to driving only a motor vehicle equipped with an ignition interlock device, and restricted to driving to and from work, school, treatment, or to the ignition interlock provider. The person’s driving privilege is further restricted for an additional year to driving only a motor vehicle equipped with an ignition interlock device.
SB 461 requires that supplemental funding be deposited in the state treasury and credited to the District Magistrate Judge Supplemental Compensation Fund. All associated employer contributions and payments will be paid by the county providing the supplemental funding in the same manner, conditions, and requirements as the judge’s conventional salary. Applicable withholding or other taxes, associated retirement or other employer contributions and authorized payroll deductions will apply to the supplemental funding. Payrolls will be approved by the Chief Justice of the Supreme Court. All salary and other compensation would be considered to be provided by law for services as a district magistrate judge for all purposes under law. Employer contributions will include employer contributions under KSA 20-2605 for any district magistrate judge who is a member of the retirement system for judges.
Senate Sub. for HB 2226 increases by $15 the fine assessed on traffic infractions that are on the uniform fine schedule. The revenue created by the increased fine will be distributed as follows:
· 10.94 percent to the Crime Victims Compensation Fund;
· 2.75 percent to the Community Alcoholism and Intoxication Programs Fund;
· 7.65 percent to the Department of Corrections Alcohol and Drug Abuse Treatment Fund;
· 0.16 percent to the Boating Fee Fund;
· 0.11 percent to the Children’s Advocacy Center Fund;
· 2.28 percent to the EMS Revolving Fund;
· 2.28 percent to the Trauma Fund;
· 2.28 percent to the Traffic Records Enhancement Fund;
· 2.91 percent to the Criminal Justice Information System Line Fund; and
· The remainder to the State General Fund.
Senate Sub. for HB 2476 increases and extends to June 30, 2011, the Judicial surcharge the Legislature authorized in 2009 to fund nonjudicial personnel. The surcharge is increased from $10 to $17.50 on most court docket fees. Expungement of conviction, expungement of arrest record, marriage license fee, general rule on court procedures, and expungement of juvenile adjudication surcharges are increased more than $10. In addition, a $100 docket fee is added for expungement of an adult conviction or a juvenile adjudication.
The bill deletes the provision requiring a $10 surcharge on a person requesting an alias order or writ of execution, an alias order for garnishment, an alias writ or order of sale, an alias order for hearing in aid of execution, and an alias order of attachment.
The bill will be effective upon publication in the Kansas Register.
Economic Development
HB 2554 expands the Promoting Employment Across Kansas (PEAK) Program that was enacted in 2009. The program authorizes a diversion of employee withholding taxes under certain circumstances to qualified companies or third parties performing services on behalf of such companies. The bill clarifies that the Secretary of the Department of Commerce has discretion in administering provisions of the PEAK Act.
New substantive definitions are added, and some existing terms are redefined. “Expanding business” is defined generally to include existing business operations in Kansas that are proposing projects that provide unique economic development opportunities and in the opinion of the Secretary of Commerce may be at significant risk of being located outside the state. The businesses are eligible to be considered as qualified companies for purposes of the PEAK Program. The existing definition of “metropolitan county” adds Leavenworth County to the current statutory list of Douglas, Johnson, Sedgwick, Shawnee, and Wyandotte counties. The list mirrors the counties listed in Kansas Investments in Major Projects and Comprehensive Training (IMPACT) Program (KSA74-50,114). “NAICS code industry average wage” means the average wage paid to companies classified in the same North American Industry Classification System (NAICS) code as the qualified company for the region in which the qualified company employs new employees as reported by the Department of Labor in its most recent annual report. The existing definition of “new employee” is expanded to include persons locating to Kansas from another country as well as from another state.
Under the 2009 law, companies had to relocate all of their facilities and employment to Kansas in order to qualify to retain a portion of the company’s payroll withholding taxes. The bill relaxes the requirement so that a company is eligible if it relocated or expanded a portion of its business operations into the state. An existing Kansas business relocates or expands within the state also is eligible; however, that business may not be able to claim a tax benefit until after January 1, 2012.
The previous requirement that employees must be compensated at a rate equivalent to at least 100 percent of the county average wage is amended such that the qualifying compensation be at least 100 percent of the county “median” wage. A new route to qualification also is provided relative to employee compensation equal to at least 100 percent of the North American Industry Classification System code industry average wage.
Qualified companies are eligible to retain 95 percent of the employees’ withholding taxes if the median wage paid to the new employees is equal to or greater than 100 percent of the median wage paid in the county. Under the PEAK Program, the period of time that benefits may incur varies, up to a maximum of ten years, depending upon the median wage rate paid and the number of employees hired. The aggregate amount of benefits for companies already in the state that relocate or expand is capped at $4.8 million per fiscal year starting in FY 2012.
As a means to offset the PEAK benefits that may be paid to companies already in the state, in-state companies in the six metropolitan counties listed above are exempted from eligibility for the Business and Job Development Tax Credit (KSA 74-32,153 and 79-32,160a).
Companies qualifying for PEAK under the original 2009 law were prohibited from also participating in the IMPACT Program, a separate withholding tax diversion program. The bill relaxes that restriction such that companies could qualify for both programs but not relative to the same employees.
The bill expands the operational expenses of the IMPACT Program in the Department of Commerce to include costs pertaining to an independent evaluation of the effectiveness of economic development incentives. The Secretary of Commerce may initiate an evaluation after consultation with the Secretary of Revenue.
Persons who are members of the Legislature on the effective date of the bill are prohibited from availing themselves of any PEAK Program benefits until after July 1, 2015. A Legislative Post Audit on the effectiveness of the program is required to be submitted at the outset of the 2015 Session. The audit report is to include recommendations on the in-state cap on benefits. A qualified company is required to submit payroll withholding data to the Secretary of the Department of Revenue either electronically or in the manner prescribed by the Secretary.
The bill also makes technical corrections to the State’s Economic Revitalization and Reinvestment Act to clarify that either wind or solar energy businesses may be eligible for the issuance of bonding for certain qualified development or manufacturing projects.
Elections
SCR 1622 is a constitutional amendment that eliminates mental illness as a disqualifying factor for the right to vote. The question will appear on the November 2010 ballot.
Electronic Documents
SB 519 allows payment of traffic tickets and fines for violation of county codes and resolutions by any means accepted by the court; authorizes, upon the appropriate Supreme Court rule, an electronic signature of the clerk of the district court to have the same legal effect as a manual signature on records and judicial proceedings requiring the attestation of the clerk; authorizes the conveyance of a written statement or affidavit for a search warrant by electronic communication, i.e., the use of electronic equipment to send or transfer a copy of an original document; eliminates the requirement that certain docket fees must be paid by mail or in person; amends the Juvenile Code to authorize an adjudication court to use electronic means to send documents to the sentencing court; and amends the Probate Code to require the district court to transmit the entire file to the proper county, if proceedings are instituted in more than one county, once proper venue is determined.
SB 533 amends the law regarding traffic, municipal courts, and county code enforcement to allow for the use of an electronic citation system to issue citations, complaints, and notices to appear. The bill also authorizes electronic signatures as the intent to sign the record.
EMS
House Sub. for SB 262 amends the statutes that deal with Emergency Medical Services (EMS).
The bill changes the title of EMS attendants:
· “Emergency Medical Technician – Intermediate” is changed to “Advanced Emergency Medical Technician”
· “First Responder” is changed to “Emergency Medical Responder”
· “Mobile Intensive Care Technician” is changed to “Paramedic”
The bill establishes a scope of practice for the professions by rules and regulations established by the Kansas Board of Emergency Medical Services (Board). The professions will have to complete a course of instruction approved by the Board and specifically be authorized to perform activities by medical protocol.
Under the bill, all attendant fees for certificates are to be deposited in the Emergency Medical Services Operating Fund. Prior law required the deposits of fees in the State General Fund.
The bill appoints a Medical Advisory Council of six members, including two Board members, and four physicians who are not members of the Board to advise and assist the board in medical standards and practices. Under prior law, a medical consultant was appointed by the Board. This position is eliminated under the provisions of the bill.
The bill also provides additional definitions and provides transition language for the board between enactment of the legislation and renewal of licensure of attendants.
The bill takes effect on January 1, 2011, and after its publication in the statute book.
Health
SB 62 enacts new law regarding Human Immunodeficiency Virus (HIV) screenings for pregnant women and newborn children, creates new law and amends existing law relating to the responsibilities for the prevention and control of tuberculosis in postsecondary institutions, and amends the law regarding the licensure of audiologists.
HIV Screenings for Pregnant Women, Newborn Children
The bill enacts new law concerning HIV screenings for pregnant women and newborn children. Specifically, the bill will require a physician or other health care professional authorized by law to provide medical treatment for pregnant women to administer, or have administered, a routine opt-out screening for HIV infection during the first trimester of the pregnancy. If a pregnant woman is determined to be at high risk for acquiring HIV infection, a repeat screening would be administered during the third trimester or at the time of labor and delivery. A pregnant woman would have the right to refuse an HIV screening at any time. The bill further provides that before any screening is performed, the pregnant woman must be informed in writing of the screening requirements created by the bill and the purposes and benefits of this screening. If the pregnant woman consents to the screening, she is to sign a form provided by the Kansas Department of Health and Environment (KDHE) to either authorize or opt out of the screening. The bill further specifies that the form must contain the following language:
“I test all of my pregnant patients for HIV as part of the panel of routine tests to alert me to any conditions that can have a very serious effect on your pregnancy and your baby. You will be tested for HIV unless you tell me not to.”
If the mother’s HIV status is unknown because of refusal to submit to the screening during the pregnancy, or for any other reason, the newborn child would be screened with an HIV test as soon as possible within medical standards. The mother’s or guardian’s consent will not be required to screen the newborn child. Parents of a newborn child who object to the HIV test because it conflicts with their religious tenets and practices will be exempt from the mandatory screening. Documentation of the mother’s HIV status will be recorded in both the mother’s and the newborn’s medical records. The bill also requires that the mother of the child be informed in writing of the screening requirements created by the bill and of the purposes and benefits of the screening. The mother will then be required to sign a form acknowledging the receipt of this information.
The bill authorizes KDHE to adopt rules and regulations establishing guidelines for routine HIV infection screenings for pregnant women and for each newborn child where the HIV status of the mother is unknown at the time of birth. The rules and regulations are to be based on the best practices and recommendations established by the Centers for Disease Control and Prevention and the Public Health Service Task Force. The Department is required to adopt the rules and regulations within six months of the effective date of the bill.
Tuberculosis, Prevention and Control
The bill creates new law and amends prior law concerning responsibilities for the prevention and control of tuberculosis in postsecondary educational institutions. The bill directs the Secretary of Health and Environment to adopt rules and regulations establishing guidelines for a tuberculosis prevention and control plan for any postsecondary educational institution in the state. The plan is to be designed to reduce the risk of tuberculosis transmission and is to be based on the recommendations of the American Thoracic Society, the Centers for Disease Control and Prevention, and the Infectious Diseases Society of America. The rules and regulations promulgated by the Secretary of Health and Environment are to be in compliance with the Best Practice Standards as recommended by the Division of Tuberculosis Elimination of the Centers for Disease Control and Prevention.
Each postsecondary educational institution, with the assistance of the Department of Health and Environment, will be required to develop and implement a tuberculosis prevention and control plan. The postsecondary educational institution also will be required to designate a person to be responsible for oversight and implementation of the plan; to maintain the records created or collected in the oversight and implementation of the plan for at least five years; and to allow the Department of Health and Environment to review and inspect the records upon request.
The bill also amends existing tuberculosis evaluation requirements for students attending postsecondary educational institutions. Tuberculosis evaluation requirements would apply to any students entering classrooms of any postsecondary educational institution who are considered as high risk for tuberculosis as defined by the Department of Health and Environment. Postsecondary educational institutions are defined as any public or private university, municipal university, community college or technical college.
The evaluation requirements would not apply to individuals who are participating in continuing education programs or other seminars or functions at a postsecondary educational institution.
Each postsecondary educational institution, with the assistance of the Department of Health and Environment, will be required to develop and implement tuberculosis evaluation requirements. And, as with the tuberculosis prevention and control plan, the institution is required to designate a person to be responsible for oversight and implementation of the evaluation requirements; to maintain the records created as a result of implementation of the requirements for at least five years; and to allow the Department of Health and Environment to review and inspect the records upon request. Additionally, the designated person will be responsible for immediately reporting the positive findings of tuberculosis infection or disease to the Department of Health and Environment.
Each student meeting the requirements of the bill will be required to comply with the tuberculosis evaluation requirements implemented by the postsecondary educational institution. Students who are not in compliance with the requirements will not be eligible to attend classes or enroll in a subsequent semester or to obtain an official transcript or diploma until they were in compliance. All cost associated with the evaluation requirements of the prevention and control plan will be the responsibility of the student.
Intangibles Tax
SB 430 moves administration of the local option intangibles tax from the state to the local level, by shifting the filing to the county clerk instead of the Department of Revenue.
Jails
SB 346 grants the Secretary of Corrections four, rather than three, business days to notify the sheriff to immediately convey the offender in his or her custody to the Department of Corrections Reception and Diagnostic Unit. The bill requires the Secretary to be responsible for all medical care and treatment costs of the offender while in the actual physical custody of the Secretary.
The bill also grants the Secretary the discretion to discharge the offender from the prison portion of the sentence if the offender has ten days or less remaining to be served at the time the Secretary receives the notice of the Order for Commitment.
Finally, the bill requires the court to forward a copy of the complaints, affidavits, and the county and district attorney reports to the officer having custody of the offender for delivery when the offender is transferred to a correctional institution.
HB 2604 authorizes a sentencing court to assign defendants, convicted of misdemeanors or felonies that require imprisonment in the county jail rather than a state correctional facility, to a work release program provided that the defendant return to confinement in the county jail at the end of each day while in the work release program. The bill clarifies that the authority of a sentencing court to order a defendant to a work release program does not include work release programs at state correctional facilities under the control of the Secretary of Corrections.
Kansas Open Records Act
SB 369 amends the Kansas Open Records Act (KORA) as follows:
· Reconciles an exception that was amended twice during the 2009 Legislative Session;
· Eliminates certain references regarding domestic corporations, foreign corporations, domestic limited partnerships, foreign limited partnerships, domestic limited liability partnerships, and foreign limited liability partnerships;
· Allows the social file of a juvenile offender to be disclosed to the juvenile’s guardian ad litem;
· Provides that a public agency is not required to disclose an individual’s e-mail address, cell phone number, and other contact information which has been given to the public agency for the public agency’s notification or communications which are widely distributed to the public;
· Continues the exception regarding real estate validation questionnaires found in KSA 79-1437f until July 1, 2015; and
· Clarifies that a public agency is not required to electronically make copies of public records by allowing a person to obtain copies of a public record by inserting, connecting, or otherwise attaching an electronic device provided by such person to the computer or other electronic device of the public agency.
KPERS
Senate Sub. For HB 2219 implements a three-month moratorium on state and local employer contributions to the KPERS Group Insurance Reserve Fund, or Death and Disability Fund, for April, May, and June 2010 and April, May, and June 2011.
The fiscal note from KPERS indicates that the total savings for each three-month moratorium for state and local governments will total approximately $16.4 million. State contributions will be reduced $12.8 million and local contributions will be reduced $3.5 million for each three-month moratorium.
Land Use
HB 2221 enacts the Clean Air Act. The bill bans smoking in public places, taxicabs and limos, common areas in public and private buildings, access points of all buildings and places of employment. The bill establishes some exemptions to the ban, most notably those areas that are not enclosed and are open to the elements.
HB 2445 concerns land use adjacent to or surrounding military installations. The bill expresses the desire of the State of Kansas to promote communication, cooperation, and collaboration between military installations and any municipality adjacent to or surrounding the installation. To increase this communication, cooperation, and collaboration, military installations are required to:
· Notify and coordinate with municipalities regarding any development, project, or operational change that alters or amends a Joint Land Use Study (JLUS) area, Army Compatible Use Buffer (ACUB), Air Installation Compatible Use Zone (AICUZ), or Environmental Noise Management Plan (ENMP);
· Notify each municipality of any change in the name, contact information, or other related information used for the purpose of communication between the military installation and municipality; and
· Meet and coordinate, at least annually, with representatives of each municipality for the purpose of determining a “critical area” within an area of interest (JLUS, ACUB, AICUZ, or ENMP). A “critical area” is defined as an area of interest where future use of such area is set through a coordinated effort between the municipality and military installation to avoid conflict with any military operation or the economic well being of the municipality.
Each municipality adjacent to or surrounding a military installation is required to:
· Meet and coordinate, at least annually, with the applicable active duty, National Guard, or Reserve commander to determine critical areas;
· Notify the applicable commander of any change in the name, contact information, or other related information used for the purpose of communication between the military installation and municipality;
· Provide notice to the applicable commander of the adoption of any regulation or amendment to a comprehensive planning document that affects any agreed-upon critical area. The notice would be provided at least 30 days prior to the adoption of such regulation or amendment. Approval of the change would be granted by the commander upon no response being issued to the municipality;
· Provide notice to allow commanders to assess changes to critical areas. The assessments would be offered within the statutorily required notice for public hearing;
· Review and coordinate comprehensive plans or zoning ordinances or regulations affecting any mutually agreed upon critical area;
· Consider the recommendations and studies provided by the military on the protection of public health, safety, and welfare for such plans, ordinances, or regulations. Also included are recommendations and studies on the maintenance of safe military operations and the sustainability of installation missions; and
· Provide notice to individuals receiving a construction permit for improvements within a critical area indicating the land is near military training zone. (The exact language that would be required in the notice may be found in Section 2(b)(2)(J) of the bill.)
Additionally, municipalities are directed to consider certain factors based upon information provided by military installations before making a decision regarding a development proposal within an agreed upon critical area. The factors needing consideration are the potential release of substances into the air impairing or interfering with military operations (substances released through agricultural use are exempted); electrical emissions interfering with certain communications and equipment; the potential of projects to attract birds or waterfowl, including the operation of any sanitary landfill and the maintenance of any large scale feeding station; structures interfering with aircraft activity; noise levels; the potential for obstructed visibility or surveillance in relation to certain activities; and whether there will be a violation of stated Federal Aviation Administration guidelines.
The bill states final decisions on “all planning, development, zoning, and land use issues shall be made by each municipality.”
HB 2472 relates to several local government issues. The bill (1) establishes a new act entitled the Kansas Uniform Common Interest Owners Bill of Rights Act; (2) temporarily prohibits a municipality from requiring the installation of a multi-purpose sprinkler system in a residential structure; (3) modifies several statutes dealing with rehabilitation of abandoned houses; and (4) expands the authority to establish a county land bank from only Wyandotte County to any county. The bill temporarily prohibits a municipality from requiring the installation of a multi-purpose sprinkler system in a residential structure. The term “residential structure” is defined in the bill as including a single-family dwelling, multi-family dwelling of two attached units or less, or any manufactured home. This provision would be repealed as of July 1, 2011.
Pesticides
SB 394 adds educational institutions, state and federal agencies, and any other person to the list of people that the Secretary of Agriculture may use to publish information and conduct short courses of instruction on the safe use and application of pesticides and to carry out the provisions of the pesticide law.
Property Tax
House Sub. For SB 312 authorizes counties paying large property tax refunds relative to a single property whose value exceeds five percent of the total countywide tax base to request a loan from the Pooled Money Investment Board (PMIB) to assist in the payment of such refunds. The loans will bear interest equivalent to the PMIB investment portfolio earnings rate at the time of the loans; may not exceed an aggregate of $50 million statewide; and must be repaid within four years. Participating counties are required to make equal annual tax levies sufficient to pay the loans within the four-year period.
A separate statute providing a cap relative to the total amount of PMIB investments available for legislative mandates is amended to change the limitation from the lesser of 10 percent or $140 million of state moneys invested to the greater of 10 percent or $140 million of state moneys invested.
SB 464 clarifies the second half property tax payment deadline date in three statutes to conform with legislation passed in a previous year.
Register of Deeds
SB 537 authorizes any person aggrieved by an alleged violation of the statute on expedited determination of validity of liens to bring a civil action against the person who filed or recorded the documents, after the court makes a finding that a lien or claim is fraudulent. The bill specifies, however, that no action may be brought against the filing office or filing officer. The burden is on the plaintiff to prove, by a preponderance of the evidence, that the defendant knew or should have known that documents filed or recorded were in violation of the statute on expedited determination of validity of liens.
The court is required to award costs to the prevailing party. The court is granted the discretion to award attorney’s fees. After trial, and if the court makes a finding the lien or claim is fraudulent, the court may:
· Order the defendant to pay actual and liquidated damages of up to $10,000 for each violation of KSA 58-4301 (expedited determination of validity of liens) or actual damages for any specific violation of KSA 58-4301, whichever is greater;
· Enjoin the defendant from filing any future liens or claims against persons specified by the court, with any filing officer without approval of the court that enters the order; and
· Enjoin the defendant from filing any future liens or claims that would violate the statute on expedited determination of validity of liens.
HB 2125 amends state law to require a register of deeds to obtain a receipt showing that all past and current real estate taxes due have been paid before the register of deeds could record any replat or plat of survey pursuant to the Apartment Ownership Act or the Townhouse Ownership Act. This proof of tax payment previously had been required only before any plat was recorded. The bill amends the dates regarding such tax payments to conform with dates real estate taxes must be paid in KSA Supp. 79-2004.
The bill also adds to the Apartment Ownership Act and to the Townhouse Ownership Act the requirement that the register of deeds cannot record any plat of survey unless the plat is accompanied by a receipt from the county treasurer showing real estate taxes have been paid.
Sales Tax
House Sub. For SB 255 authorizes Kingman County, without sharing the revenues with cities located in that county, to impose a sales tax of up to 1.0 percent for up to 20 years for jail and law enforcement center construction, and for roadway and bridge improvements.
The bill also authorizes Pottawatomie County to impose an additional 0.5 percent sales tax for public infrastructure improvements that would sunset once the costs associated with such improvements have been paid. The county unit of government would receive all revenues unless it chose when submitting the ballot proposition to voters to allow cities to share under the traditional distribution formula for countywide sales taxes.
Both county authorizations require an election prior to the imposition of the taxes.
Senate Sub. For HB 2353 amends local sales tax authorization statutes to retroactively ratify the results of a December 1, 2009 election in Chautauqua County regarding imposition of a new countywide sales tax earmarked to finance the costs of constructing, furnishing, and equipping a county jail and law enforcement facility. The tax will sunset upon payment of all costs incurred in the financing of the project.
Other statutory adjustments raise the overall rate cap for Chautauqua County to 2.0 percent (the county has a 1.0 percent tax already in place); and amend the normal distribution formula that otherwise would have required the county to share a portion of sales tax receipts with cities located in the county.
A final provision clarifies the local sales tax law relative to counties such that no county (absent any special exception granted in advance by the Legislature) may allow its general sales tax rate to exceed 1.0 percent.
Senate Sub. For HB 2360 enacts a state sales tax increase, expands the food sales tax rebate program, expands the state earned income tax credit (EITC) program, and amends the Kansas Taxpayer Transparency Act.
The state sales and compensating use tax rate is increased from 5.3 to 6.3 percent, effective July 1, 2010. A grandfather clause provides that if contractors had entered into written binding contracts prior to May 1 for the original construction, reconstruction, restoration, remodeling, renovation, repair or replacement of a building, facility or residential structure, bridge or highway, the 5.3 percent rate will remain applicable to such contracts if proof is provided to the Department of Revenue prior to July 10.
The rate subsequently is reduced to 5.7 percent on July 1, 2013. Disposition of revenue provisions generally are adjusted to provide the State Highway Fund (SHF) with an estimated $20.427 million of the additional revenue in FY 2011; $21 million in each of FY 2012-2013; and all of the additional revenue above 5.3 percent once the rate returns to the 5.7 percent level. The balance of the additional receipts is to be deposited in the State General Fund (SGF), except for a small portion attributable to utility purchases within an intermodal facility district. Such receipts will be distributed temporarily to the SHF, but then may be transferred by the Secretary of Transportation to a new rail service improvement fund.
The food sales tax rebate program, which is administered through the income tax as a credit, is expanded such that the income eligibility ceiling is increased from the current $31,900 to $35,000 beginning in tax year 2010; the per capita refund amounts are increased from $41 to $45 in the upper-income tier of the program, and from $84 to $90 in the lower-income tier.
A second income tax provision increases the Kansas EITC from the current 17 percent of the federal EITC to 18 percent for tax years 2010-2012. The state EITC increase will then return to 17 percent of the federal credit in tax year 2013.
Finally, the Kansas Taxpayer Transparency Act is amended to require the Secretary of Administration to include tax expenditure information provided by the Department of Revenue in addition to other information currently required to be provided on a searchable website pursuant to KSA Supp. 74-72,123.
Sheriff
House Sub for SB 300 exempts a clearly-identified law enforcement motor vehicle from restrictions that do not allow motor vehicles to have one-way glass or any sun screening device that restricts the total light transmission to less than 35%.
State Parks
HB 2434 designated Prairie Spirit Rail Trail as a state park.
Transportation
SB 300 amends Kansas law to ban texting while driving and to prohibit covering a license plate.
The bill prohibits a person who is operating a motor vehicle on a public road or highway from “texting”; meaning, using a wireless communications device to write, send, or read a written communication. The bill defines “wireless communications device” to include any type of device that sends or receives messages but to exclude voice-operated devices. The bill includes these exceptions to the ban:
· Law enforcement officers or emergency service personnel acting within the course and scope of their employment;
· When the motor vehicle is stopped off the regular traveled portion of the roadway;
· Using the wireless communications device to make or receive a phone call; receive an emergency, traffic, or weather alert message; or receive a message related to the operation or navigation of the vehicle;
· To report current or ongoing illegal activity to law enforcement;
· To prevent imminent injury to a person or property; and
· To relay information between a transit or for-hire operator and the operator’s dispatcher, if the device is permanently affixed to the motor vehicle.
Law enforcement officers will be required to issue a warning citation for violation until January 1, 2011. The fine for unlawful text messaging will be $60.
SB 409 authorizes the Secretary of Transportation to establish and implement a passenger rail service program. With the program, the Secretary is authorized to take the following actions:
· Enter into agreements with Amtrak, other rail operators, local jurisdictions, and other states;
· Provide assistance to local jurisdictions to ensure that rail stations and terminals are designed and developed to meet safety and efficiency standards, aid intermodal transportation, and encourage economic development; and
· Provide loans or grants to passenger rail service providers from a Passenger Rail Service Revolving Fund established by the bill. Those loans or grants could be used for three purposes:
· Restoration, conservation, improvement, and construction of railroad lines, switching yards, sidings, highway grade separations, and other railroad-related improvements;
· Rail economic development projects that improve rail facilities, including locomotives and rolling stock; and
· Costs associated with the initiation, operation, and maintenance of passenger rail service.
Expenditures from the Passenger Rail Service Revolving Fund would be made in accordance with appropriations.
The bill authorizes the Secretary to adopt rules and regulations to implement its other provisions. The bill becomes effective upon publication in the Kansas Register.
HB 2130 amends state law to require every occupant of a passenger car manufactured with safety belts to wear a safety belt. The bill also allows a law enforcement officer to stop a passenger car for a violation of safety belt requirements by anyone in the front seat or by anyone under age 18.
A citation can be issued for failure to wear a safety belt by an adult passenger in the back seat only if another law has been violated. The bill also retains exceptions to those required to wear safety belts, such as an occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system and carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes. The bill does not change requirements for children under 14 covered under the Child Passenger Safety Act (KSA 8-1343 et seq.).
The bill sets the fine for violations of safety belt requirements by adults at $5 from June 30, 2010, until July 1, 2011, and at $10 starting July 1, 2011; no additional court costs are to be assessed. (The fine for a violation by someone ages 14 through 17, KSA 2009 Supp. 8-2503(b), continues to be $60, including court costs.) The bill also retains language to provide that no violation is to be reported to the Department of Revenue.
HB 2482 makes several changes related to drivers’ licenses. The bill becomes effective upon publication in the Kansas Register.
The bill removes requirements for a driver renewing his or her license to take a written examination on highway signs and knowledge of traffic laws; and the bill allows the Division to reference an agency website and make available on that website information on a person’s right to make an anatomical gift and the organ donation registry program, in lieu of mailing that information to the person renewing a driver’s license or a nondriver’s identification card.
The bill allows a 16-year-old holder of a farm permit or restricted license to drive directly to or from any religious worship service held by a religious organization. The bill defines “religious organization.”
The bill also allows an adult who has held a valid class M driver’s license for at least a year to ride as a passenger on a motorcycle operated by the holder of an instruction permit or a restricted class M driver’s license, in addition to riding a motorcycle in proximity to the novice driver.
The bill amends the Kansas Uniform Commercial Driver’s License Act regarding diversion agreements so that a person who held a commercial driver’s license at the time a violation occurred cannot enter into such an agreement in lieu of criminal proceedings.
HB 2561 allows the Secretary of Transportation to authorize transit buses to be operated on the right shoulders of highways in the state highway system in Johnson County. Transit buses will be allowed to be operated on the highway shoulder only if traffic speed on the highway is less than 35 miles per hour. The transit bus may not exceed traffic speed by more than 10 miles per hour and is required to yield to merging, entering, and exiting traffic and to other vehicles on the shoulder. The bill authorizes the Secretary to promulgate rules and regulations, on topics including required signage, to implement the bill’s provisions.
The bill also authorizes a transit bus being operated in accordance with the bill’s other provisions to pass another vehicle on the right.
The bill requires the Secretary and a representative of Johnson County to report to the Legislature annually on the program.
Senate Sub. For Senate Sub. For HB 2650 establishes a new comprehensive transportation program called the Transportation Works for Kansas (T-Works) Program. The Kansas Department of Transportation estimates that, over the next ten years, the program will have available to it approximately $8.2 billion, including $5.5 billion in revenues from sources in law not amended during 2010, such as motor fuel taxes.
The bill sets out legislative intent regarding the program and provides that program expenditures can be made for purposes including, but not limited to, the following:
· Preservation projects, as determined by Kansas Department of Transportation (KDOT) performance measures;
· Expansion and economic opportunity projects, using selected criteria including engineering and traffic data, local consultation, geographic distribution, and an economic impact evaluation; however, no expansion or economic opportunity project could be selected before February 1, 2011, unless funded by Build America bonds;
· Modernization projects (such as widening lanes or shoulders and upgrading interchanges), using selected criteria including engineering data, local consultation, and geographic distribution. “Practical improvements,” such as adding narrow rather than full 8-foot shoulders on highways with little traffic, are to be incorporated into these projects;
· Assistance to cities and counties as under current law, and adding programs to allow local governments to exchange federal aid funds for state funds;
· Railroad, aviation, and public transit programs, as in current law; and
· A multi-modal economic development program to provide assistance for transportation-sensitive economic opportunities on a local or a regional basis.
The Secretary of Transportation will select projects using KDOT selection methods and criteria. The bill authorizes the Secretary to procure one demonstration project in Johnson or Wyandotte County that will use the design-build concept. The Secretary must provide a cost-benefit analysis to the House and Senate Transportation Committees on completion of the project.
The bill increases registration fee revenues into the State Highway Fund in these ways:
· It increases registration fees for small farm trucks (12,000-16,000 lbs.), trailers, and buses by $20 ($10 in 2013 and $10 in 2014);
· It increases registration fees for trucks 54,000 lbs. and smaller by $100 ($50 in 2013 and $50 in 2014); and
· It increases registration fees for trucks larger than 54,000 lbs. by $135 ($85 in 2013 and $50 in 2014).
· The bill adds to Kansas law a provision for a one-time registration fee of $10 and permanent license plates for trailers used in combination with vehicles registered for a gross weight of 54,000 pounds or more, starting in 2013.
Increases in the state sales and compensating use taxes to be used for transportation are summarized with Senate Sub. For HB 2360.
The Secretary is authorized to adopt rules and regulations to carry out the provisions in that section of the bill.
The bill will increase transfers from the State Highway Fund to assist transit, rail, and aviation starting in 2013:
· From $6 million a year to $11 million a year into the Coordinated Public Transportation Assistance Fund;
· From $3 million a year to $5 million a year into the Rail Service Improvement Fund;
· From $3 million a year to $5 million a year into the Public Use General Aviation Airport Development Fund.
The bill also authorizes the Secretary to transfer moneys from the State Highway Fund to the Rail Service Improvement Fund and vice versa, as long as the Secretary does not diminish the $5 million transfer as listed above.
The bill specifies that, between July 1, 2010, and June 30, 2020, $8 million is to be spent in each county for transportation projects. It also specifies that motor fuel taxes will remain at current rates and that the distribution of motor fuel taxes will stay at the current ratio of 66.37 percent into the State Highway Fund and 34.63 percent into the Special City and County Highway Fund.
The bill makes additional changes to prior law:
· The bill expands KDOT’s bonding authority to allow the Secretary to issue bonds to a limit of 18 percent debt service payments out of projected State Highway Fund revenues for any year; the bill specifies how those revenues are to be calculated. (State law had set a dollar amount limit on bonds.)
· It allows municipalities to use loans from the Transportation Revolving Fund for projects and allows certain moneys from special districts, such as community improvement districts and transportation development districts, to be used to repay loans from the Transportation Revolving Fund.
· The bill allows the Secretary to recommend construction of a new toll or turnpike project or the designation of an existing highway or portion thereof as a toll or turnpike project if a feasibility study provides a favorable result.
The bill becomes effective upon publication in the Kansas Register. Funding for the Transportation Works for Kansas program will come, generally, from existing fuel taxes, sales taxes, and registration fees, with additional registration funding provided by the increases in this bill and with additional sales tax revenues in future years as provided in Senate Sub. For HB 2360. KDOT officials also testified they expected to issue additional bonding under the cap provided by this bill.
HB 2660 defines a new type of vehicle, a “recreational off-highway vehicle” as a motor vehicle 64 inches or less in width, weighing no more than 2,000 pounds and having four non-highway tires, a non-straddle seat, and steering wheel. These vehicles are excluded from the definitions of work-site utility vehicles and micro utility truck, and they are listed as non-highway vehicles. An owner of a recreational off-highway vehicle is required to obtain a non-highway title for that vehicle.
The bill also clarifies the county treasurer facility that is allowed to charge up to $5 for a motor vehicle registered at that facility. The bill requires that a county have at least one registration facility at which the fee is not charged and that the fee not be charged at a registration facility within the county courthouse or administration office used as the primary location for the county treasurer’s operations.
BILLS THAT DID NOT PASS
SB 48, the compromise bill created by the Kansas Association of Counties, the League of Kansas Municipalities and the telecommunications industry during the interim of 2009, which would have continued funding for 911 at a $.55 fee and established agreed-upon uses similar to current law, but containing a prohibition on radio equipment.
SB 75, allowing a county and city to establish a consolidation study committee upon joint resolution, or by petition. The commission must prepare a plan of consolidation, which is submitted to an election. The bill outlines requirements and restrictions on the consolidated government. This bill was requested by the Kansas Advisory Council on Intergovernmental Relations (KACIR).
SB 222, requiring an applicant for licensure with the EMS board to be fingerprinted and a criminal history record check conducted. A fee is charged to the applicant to cover the costs.
SB 224, allowing the Board of EMS to assess a civil fine up to $1000 after notice and opportunity to be heard against a person for violations of law.
SB 301, which repeals KSA 58-2001 through 58-2005 relating to land surveys. The bill deletes statutory provisions relating to monumentation of corners in boundaries of subdivisions; recording measurements from visible object to location of point; information required to be submitted with plats; and review of plats by county surveyor prior to recordation.
SB 405, allowing a city, county or school district to designate its internet web site as its official publication source.
SB 431, allowing a county or any taxing subdivision to pass a resolution to sell its tax receivables to public or private parties.
SB 432, allowing a county to add the costs of collection to the total debt of unpaid taxes that are enforced against the delinquent taxpayer.
SB 462 allowing highway owners to file a civil action to recover damages caused to highways, including direct and reasonable consequential costs associated with the repair of the damages.
SB 468, amending the law relating to citizen-initiated petitions for grand juries by prescribing new requirements and allowing the Attorney General or county attorney to petition the chief judge to order a grand jury for off-grid felonies.
SB 477 (also HB 2570) exempting from property taxes any real property of a builder before it is conveyed, leased or otherwise occupied.
SB 492, amending the law relating to the burden of proof on the appraiser in an appraisal hearing to eliminate that burden after June 30, 2010 with regard to leased commercial and industrial property unless the property owner has furnished a complete income and expense statement for three years
SB 495, amending the law relating to STAR bonds to require any addition or expansion of the bond project after the initial approval of a STAR bond project to be financed from tax increment revenues.
SB 528, which shifts the burden of proof in property valuation cases from the county appraiser by requiring the property owner to produce evidence to substantiate the property value by a preponderance of evidence.
SB 584, which says that all pipelines used for transportation of crude oil or oil byproducts that are exempt from property tax pursuant to KSA 79-227 shall pay a payment in lieu of tax in the amount of 3% of the qualified investment.
HB 2429, which says that the Supreme Court can determine that a district magistrate judge position is unnecessary where the yearly average caseload is less than 600 cases and the remaining judges of the judicial district can assume the workload. The district magistrate judge position shall be reassigned and his term of office shall expire on the last day of his term. In counties where the district magistrate judge position is eliminated, the chief judge of the judicial district shall assign a district judge from another county in the district to be the new magistrate judge.
HB 2537, a 90-page bill amending laws relating to regulation of cereal malt beverages. The bill moves licensing of establishments from local government to the state. Changes sales tax on CMB to a new alcohol liquor tax that requires an appropriation of revenue from the state to local governments.
HB 2549 (also SB 476), which eliminates sales tax exemptions.
HB 2630, which says if total taxable real property valuation increases in valuation, the governing body shall lower the mill levy rate to a rate equal to the amount of ad valorem property taxes levied in the previous year. New construction in added jurisdictional territory or that has changed in use shall not be considered in determining the total taxable real property valuation. If total taxable real property valuation decreases, the governing body may increase the mill levy rate to a rate that would equal the amount of property tax levied in the previous year. Allows the governing body to exceed the mill levy rate prescribed in the bill if such increase is approved at an election. Provisions do not apply to or limit property taxes for the payment of principal and interest on bonds, temporary notes and no fund warrants or judgments rendered against the local government.
HB 2633, which enacts the community defense act, which regulates sexually oriented businesses.
HB 2662, which requires a wind facility or individual turbine to obtain a permit from each county in which it will be located. In order to receive the permit, the facility/turbine must meet certain requirements such as providing notice to all landowners within 1 mile; provide an emergency management plan; provide proof that access has been provided to the proposed site; provide a preliminary site plan; provide satisfactory proof of financial assurance; provide plans for decommissioning; and the applicant must show compliance with minimum safety setback requirements. The bill requires the BOCC to hold a public hearing.
HB 2663, allowing cities and counties to create energy management districts for the purpose of constructing, installing or acquiring energy efficiency improvement or renewable energy improvements. Allows a city or county to issue bonds to finance these improvements to real property within the district.
HB 2685, which amends the concealed carry law, adding a new section that says carrying a concealed weapon shall not be prohibited in a state or municipal facility or to an employee’s work place unless such facility has adequate security measures such as metal detectors or wands, and personnel, to detect the weapon.
HB 2679, allowing a municipality that has taken over an abandoned cemetery to place the cemetery up for sale in the same manner allowed for disposal of other municipal property.
HB 2701, establishing the organized solid waste collection service act. The bill creates an extraordinary system of protections for solid waste service providers by creating a protracted process for a city or county to establish municipal service. If a municipality displaces a private solid waste collection provider, it must institute condemnation proceedings and pay fair market value to those displaced by the municipality.
HB 2739, which creates a new methodology for providing state aid to schools. The bill would allow the board of each school district to levy an ad valorem tax on the taxable tangible property of the district during the school year 2010-2011. This tax would be used to finance the “school district foundation obligation,” which is the portion of a district’s general fund budget that is not financed from any other source.
This summary was prepared by Melissa Wangemann, General Counsel and Director of Legislative Services to the Kansas Association of Counties.
Credit for bill summaries goes to the Kansas Legislative Research Department, Summary of Legislation, 2010 Kansas Legislature, Supplements I and II.