Rep. Patterson's Floor Notes on Bills debated and voted through March 14, 2002

Main bill exempts from sales tax on hearing aid batteries and parts so long as a prescription is req. Cost will be $100,000.

Reauthorizes ads and expentends the current homestead and increases it from $20,000 to $30,000

Would add Kansas to the list of 25 states that have enacted the Interstate Compact for Adult Supervision. Once the number of signing states reaches 35, the compact will become binding on them. Its purpose is to promote public safety and the rights of victims by regulating the interstate movement of offenders. Kansas would pay an annual membership fee of $25,000 to support the work of the prospective new compact commission. Membership in the national commission would obligate Kansas to create a State Council for Interstate Adult Offender Supervision. Kansas is already party to an existing multi-state offender supervision compact.

Would help patients acquire copies of their records from health care providers. Records from HMOs are not addressed by the bill. Would require health care providers to furnish copies of health care records within 30 days of receiving written release. Maximum charge by providers would be a handling fee of up to $15 per request and $0.35 per page for copies.

Proponents and opponents of the bill acknowledge the federal right of patient access to records. The question is whether current law adequately protects this right. New federal regulations may or may not be forthcoming soon. Existing state enforcement through the Board of Healing Arts guarantees no timely remedy.

This patient right offsets the lessening of the right of health care providers to determine their own fees for their work product (strictly in the context of medical records).

Select Redistricting; SBP; senate districts (senate plan)

2/25/

y/p

2/26/02

y/p

Would establish a statewide employee award and recognition program that would allow state employees to be compensated monetarily or non-monetarily for work accomplishments, meritorious service, innovations, volunteer work, and length of service. Enactment would not in itself cause a fiscal effect, because the bill consolidates award and recognition programs that are already in place.

The existing Employee Award Program and the Employee Award Board would be abolished

Health&Hum Serv; SBP; concerns medically underserved areas, and repeals a number of statutes related to the scholarship program and service area designations, because med student scholarship program has been replaced w/ medical student loan program, and because those persons participating in the loan program may satisfy their service obligations incurred under the loan program anywhere in state, except in largest urban counties²

3/8

3/11/02

y/p

Judiciary; BPA; makes parents of juvenile who shoplifts liable for child_s shoplifting in an amnt equal to civil penalty which may be imposed on child, subject to written demand for adequate reimb in consideration for not filing a civil action preceding filing of any civil action^.

Amend to limit parents responsibility for non-damaged goods to $50.00. Amendment passed

2/26/02

y/p

2/27/0

y/p

82/39

Raises jury fees,amended to take effect 2004. Free the day of selection, then fee takes effect to 2004.

3/6/02

y/ Motion failes;

3/7, on GO again

GO 3/8

3/11/02

y/lost

Kansas business health care partnership act, removal of sunset

2/21/02

2/22

y/p

Contact Lens bill, Health&Human Serv; SPA; once a lens prescription has been verified to an interstate seller by KS optometrist or physician who issued, they released from all liability and damage caused by lens not being dispensed accurately; amended definition of "prescription" to include an expiration date, not less that 2 yrs from date of issue, unless medically documented

2/27/02

y/p

2/28/02

y/p

Licensure of occupational therapists

2/19/

2/20

y/p

2/22

n/Lost

34/68

GO-done again

3/8

y/p

3/11/02

y/p

Education; BPA; require SBOE to require that community service class to be given in all accredited high schools

2/27

2/28/02

y/p

75/46

Judiciary; SBP; state of Kansas will not recognize a common-law marriage if either party to the marriage contract is under 18 years of age

2/26/02

y/p

2/26

y/p

120/1

A circuit breaker to give low income seniors earning 30,000 or less an income tax break . A credit would = a % of real estate taxes paid on the home. It will effect about 6000 tax payers in Kansas

Amendes sex offender registration to include juveniles if the events they did would be a crime as an adult. Decay of 5 years or until majority. Judiciary; BPA; amends offender registration act to include in def of a sex offender those juvenile offenders (JO's versus CINC's) committing an act which were they an adult would constitute the commission of sexually violent crime, so that JO_s would be required to be registered with the KBI under registration ace; registration requirement expires upon juvenile attaining 18 years of age, or 5 years after adjudication

3/6/02

y/p

3/7

y/p

Judiciary; SBP; the current Guardianship and Conservatorship Act was passed in 1965, and this bill constitutes a complete recodification of these laws¹

3/8

3/11/02

y/p

3/11/02

y/p

3/12

y/p

3/12/02

y/p

3/13/02

y/p

Judiciary; SBP; concludes the process of modernizing administrative law and appeals from agency decisions by creating the KS Office of Administrative Hearings (KOAH), independent of the Dept of Adm, and over a 5 year period transferring adm appeals from all state agencies to KOAH; promotes centralized adm law hearings, by hearing officers independent of agencies from which appeal is taken

1/29

2/4

1/29

2/4

Concur

Y/p

113/4

K Would add rural water districts to the list of local jurisdictions that are allowed to conduct mail-ballot special elections. Rural water districts are already authorized to conduct special elections and pay the entire cost themselves.

Environment; BP; add rural water districts to the list of jurisdictions may conduct mail_ballot special elections

Environment; BP; add rural water districts to the list of jurisdictions may conduct mail_ballot special electionsconsent; 2/7/02; obj. 2/11

2/14

2/18

y/p

Judiciary; BPA; amends criminal bad check statute to increase from $10 to $30 the service chg maker or drawer of worthless check must pay to merchant to avoid being legal presumption of intent to defraud from arising; conforms crim statute w/ the civil worthless check provision re service chgs

2/25/02

2/26

y/p

2619

2/21/02

y/p

92/28

2/21

2/22/

y/p

2/5

2/6

2/5

2/6

Amends sentencing guidelines to make more stringent penalties for repeated domestic battery on repeated offences. Also changes guidelines on forgery to presumed prison on repeated offenders. Really is a technical amendment to correct sentencing problems from a former law passed in 2001

2/20/02

y/p

2/21/02

y/p

K:Environment; BPA; public wholesale water supply districts allowed to provide state_permitted wastewater treatment facilities to contracting parties; and, rural water districts given power to contract with cities or counties, or both, to operate and maintain state_permitted facilities for treatment of wastewaterⁱⁱ

Environment; BPA; public wholesale water supply districts allowed to provide state_permitted wastewater treatment facilities to contracting parties; and, rural water districts given power to contract with cities or counties, or both, to operate and maintain state_permitted facilities for treatment of wastewaterⁱⁱⁱ

Y/p

2/18

y/p

Reapportionment of state representative districts. KLEAR principles regarding individual liberty are called into play if evidence should arise regarding unconstitutional gerrymandering. Principally, that relates to violations of the Equal Protection Clause in which the central mandate is racial neutrality in governmental decision making.

The Secretary of State indicates that these tasks could be completed within current resources and staffing levels, provided that HB 2625 passes reasonably early in the session. The fiscal effect for counties for new software, programming and other expenses has not been determined.

2/14

y/p

Approp; BP; chgs current law to allow trustee-to-trustee transfers from 457 deferred compensation plans and 403(b) tax sheltered annuity plans to a defined benefit plan (KPERS) to purchase service credit; no fiscal effect

Toelkes am., repeal requirement to pay COLA in year granted B Rollcall 50-73

2/5

y/p

Judiciary, via Select Security; BPA; creates statutory requirement, as condition of employment, of fingerprinting persons who have unescorted access to computer and telecom infrastructure (so as to permit FBI NCSI criminal history check); amended to add "security-sensitive" to areas which Sec of Admin could designate as an area requiring fingerprinting as a condition of employment

2/6

y/p

2/6

y/p

Amends current law concerning mortgage insurance coverage.. Can insure up to105% so market palace rates could prevail.

Insurance; BPA; amend current law re mortgage guaranty ins companies and requirements on authorized real estate security, so as to allow a mtg guaranty insurer to insure 105% of fair market value of real estate secured by a first lien on that real estate (vs. current 100%)

2/20/02

2/21/02

y/p

Insurance; BPA; create the Viatical Settlements Act of 2002¹

2/27/02

2/28/02

y/p

2/28/Y/p

Transfers administration of the program from the Adjutant General to the State Board of Regents.

Permits KCC to hold closed door hearings on security related issues and authorize electric and natural gas companies to pass approved prudent costs through the monthly customer bills.

2/28/02

Designates US Highway 500 as the Clayton L. Connell mem

2/20/02

2/21/02

y/p

Repurchase of machinery, equipment and parts upon termination of dealership franchise agreements.

2/19/

2/20/ y/p

114/6

Utilities; BP; amends law when city annexes land w/in cert territory of retail electric supplier, to provide that city negotiate & select a supplier for territory and pay either negotiated amnt or amnt per bill formulas; supplier could file an appeal to district court; original retail electrical supplier provides service during pendency of appeal; doubles the revenue amounts in the formulas for determining comp to be pd terminated supplier

2/25/02

2/26/02

y/p

2/20/02

y/p

2/21/02

y/p

This bill would create a lower level of government regulation over these devices, thus being consistent with principles of limited government. However, it is unclear whether this bill would allow home rule authority (another limited government principle) for local governments to regulate the devices any differently as they see fit.

Transportation; BP; clarify the treatment of electric personal assistive mobility devices (EPAMDs); defined as self_balancing two non_tandem wheeled devices, designed to transport only one person, with electric propulsion systems that limit max speed to 15 mph or less (Segways come to Kansas! Think we out to see demo/try one out before we vote!)

2/13/02

y/p

2/26

y/p

121/0

Health&HumServ; BPA; eliminates provision requiring KDH&E pay for autopsies ordered by coroners when the death of a child occurs

Education; BPA; School safety, definition of weapon revised to include live ammunition, with "spent" ammunition excluded (before or after at school?)

2/27

refered to Fed&State

2/21

2/22

y/p

Judiciary; SBP; amends def of sexual abuse in child in need of care code TO clarify that age limits on what is prohibited or criminalized is determined by the provisions of crimes state criminal code; reality is to avoid criminalizing Romeo and Juliet situation where relations consensual and female minor over 16; this clarifies CINC code in light of an appellate court opinion

2/25/02

2/26/02

y/p

119/2

2/19/

2/20

y/p

2/22/02

2/25

y/p

111/7

2/20/02

2/21/02

y/p

K:People who have lived in Kansas for less than one year could not purchase a lifetime hunting, fishing, fur harvesting, or combination license. Current law requires 60-day residency. HB 2679 was requested by Dept. Wildlife & Parks, the only conferee on the bill, with the rationale that the greater benefits of a lifetime license justify a longer residency than for other licenses.

No compelling reason was given to justify a longer waiting period before being eligible for a lifetime license. Licensees pay for the benefits they receive. Without a strong justification for curtailing an existing liberty, presumption favors the status quo.

Environment; BPA; amends law dealing w/ issuance of a lifetime fishing, hunting, or furharvester or combo hunting and fishing license to require one year of residence, vs current 60-day residence requirement

Y/p

2/18

y/p

Y/p

2/13

2/22

y/p

2/25/

y/p

University research and development enhancement act

Approp; BPA; the University Research and Development Enhancement Act, for construction of research centers at K State, WSU and KU Med, authorize revenue bond financing w/ state making bond pmts first 5 years, and research funding paying thereafter, and establishing procedure for design & build

Approp; BPA; University research and development enhancement act .

1. Motion to re-refer by Howell, n/ failes;32/87

2. Amendment by Burroughs to fund this from EDIF, n PASSES 60/53.

3. Amendment by Grant to require Prevailing wage, n Passes 62/58

3/7

y/p

Prohibiting compression release engine braking systems in certain locations

2/21/02

y/p

2/22/02

y/p

2/19/

2/20/

y/p

114/7

Real estate sales validation questionaire does not apply to transfers of title

from a trust without consideration.

2/21/02

2/22/02

y/p

Prohibiting covering license plates with plastic materials.

2/21/02

2/22/02

n/p

84/37

Establishes a new type of land fill for construction and demolition ( C & D) waste. The new type will be called a class I ( C & D ) landfill The types of construction related waste allowed would be empty chemical containers, furniture, appliances which has been purged of Freon and friable asbestos.

2/28/02

Environment; BPA; Classes of construction and demolition landfills.

Solid waste management, a county may set up a planning for planning on Solid waste management

2/20/02

2/21/02

y/p

Requires any recyclers and compost operator to report such functions to the KDHE It requires operators to pay and report.

2/20/02

n/p

2/21/02

n/Lost

60/62

2/27/02 y/p

div:

2/28/02

y/p

Local Gov; BPA; amends UCC to make technical adjustments, & delete definition of "public finance transactions" from the Code; since cities and counties might have to file financing stmts if bill not passed, it is said this will reduce admin costs on local gov

2/27/02

y/p

2/29

y/p

2/19/

2/20/

y/p

2/20

y/Lost

Financial Inst; BPA; to be done Manufactured homes and mobile homes; certification of titles. Allows mobil homes to change assessments as PP, then to Rp then back to PP

__________________

Amendment by Rep Minor to allow changes only 1 time. Amendment failed

then amendment to add Mimor amendment

As amended with Minor amendment vote on the bill

Y/p

2/25/02

n/lost

46/56

2/26/00

y/p

120/1

2/21/02

2/21

y/p

2/22

y/p

Bus.Com&Labor; BP; annual eligibility stmt (would be with the insurance carrier, self-insured employer, or group funded workers compensation pool that is paying the death benefits to prove the person_s continued eligibility for death benefits, instead of the Director of Workers Compensation.

2/27/02

2/28/02

y/p

Presumptive death cert. upon the occurrence of a catastrophic.

2/20/02

y/p

2/21

y/p

Creates the new crime of infliction bodily harm while driving under the influence of drugs or alcohol w/o a specific intent req., this is a problem now given diminished ability to establish the current crime due to intoxication. amends aggravated battery statute to create new crimes of unintentionally causing great bodily harm, and bodily harm, to another person while driving under the influence of alcohol or drugs; Responds to KS Supreme Ct holding that simply driving while intoxicated and causing an injury does not of necessity equate to reckless conduct under ag battery law

3/6

3/7

y/p

Inflicting harm, disability or death to a search and rescue dog.

2/21/02

2/22

y/p

Health&Human Serv; BPA; expands list of those persons who may perform sexual assault evidence collections to include registered professional nurses and licensed physician assistants who have been specially trained

2/27

2/28/02

y/p

2

2/25/02

2/26/02

y/p

121/0

Port authorities, refunding bonds.

2/21/02

2/22/

y/p

2/19/

2/20

y/p

Judiciary; BPA; amends current law to define identity theft as obtaining, possessing, transferring, using or attempting so do so an identification document or personal identification number of another person w/ intent to defraud for any benefit, including but not limited to economic benefit

3/8

3/11/02

y/p

3/6

3/7

y/p

Judiciary; BPA; repeals two statutes applicable only to counties with population over 100,000 to provide courtroom and supplies for district courts as judges deem necessary; clarifies that while county commissions have the final decision with regard to budget approval, there is an obligation to adequately fund the operation of the district court in the county

3/8

3/11/02

y/p

Approp; BPA; Kansas senior care act, amendments relating to allocations for area agencies on aging.

2767

2/22

y/p

74/37

No Call amendment y/p

Motion to referred back to BC&L

Y/lost

38/70

McK amend passed

N/p

2/25/02

y/p

65/53

Termination of pastureland tenancies.

2/21/02

n/p

2/22

y/p

102/19

Judiciary; BP; adds criminal gang activity to common nuisance list; expands options available to combat youth gangs, allows use of civil procedure which has less strict burden of proof, does not mandate appt of attorney for defendants, and permits enforcement by injunction

2/25/02

2/25

y/p

Judiciary; BPA; amends procedure for service of process on garnishments, when done by fax or email, so as to permit garnishees upon whom such orders are served to designate a fax number or email address to which such service may be directed (helps where there are many in one place)

2/25/02

2/26/02

y/p

Judiciary; BPA; requires convicted persons pay $150 fee as part of court costs if forensic or lab services provided by Sedgwick Co Regional Forensic Science Center, or by Johnson County Sheriff's Laboratory; funds deposited in county general fund & used to provide lab services, purchase & maintain analysis eqpt for lab, ed & training of personnel

2/21

2/25/02

Authorizing financial organizations to provide information to secretary of SRS.

2/19/

2/26/02

y/p

Judiciary; BP; adds state security hospital (maximum security hospital serving statewide pop) to definition of criminal justice agency to permit securing criminal history record info from KBI; must have statutory authority to get complete access, and thus have all info needed to make informed decisions

2/25/02

2/26/02

y/p

Education; BP; amend current law to allow BOEs to pay dues to orgs other than KASB; authorize BOEs to delegate authority to execute Ks for goods and services less than $10,000 to someone other than supt; allow claims to be paid prior to next board meeting, to benefit from a discount for early pmt or avoid penalty for late pmt.

1. Amendment by Huff to restrict political function hard $$-n/failed.

2. Amendment by Long, gut and go to prohibit Schools from employing lobbyists-n/failed

2/26/02

y/fails

51/63

would establish a library fund for Wyandotte County Library. The Director of Revenue of the Unified Government of Wyandotte County would not transfer funds collected for the maintenance of the library to the Treasurer of the Library Board. Rather, the Director would maintain the monies in a separate library fund. In addition, interest attributable to the fund from gifts, grants, donations, or bequests would be deposited into the new fund. The Director would administer and pay expenditures upon approval of the Library Board.

2/19/

2/20/02

y/p

115/6

2/27

y/p

2/28/02

y/p

Repealing K.S.A. 68_163; approval of highway or bridge lighting plans by corporation commission

2/19/

2/20/02

y/p

Providing for 48_hour transport permit.

2/21/02

2/22

y/p

2795

Local Gov; BPA; allows counties, without a court order, to sell or transfer tax-delinquent property as single lot or parcel if they were in a prior sale and not purchased; must provide notice of sale in official paper; court must review & confirm

Biggs HBA Amendment: excludes in the determination of the value of a Vacant lot the special improvement assessments.y/fail

2/27/02

y/p

Judiciary; BP; KS Law Enforcement Training Center Fund; increase municip ct fee by $2, remove sunset on district court fee set for 7-1-02³

3/8

3/11/02

y/p

2/27/02

2/28/02

y/p

2/25/02

2/26/02

y/p

abolishes requirement that Div of Accounts and Reports submit to specified legis committees compiled report of claims paid by state agencies; information has to be made available upon the request of a legislator or legislative committee

3/8

3/11/02

y/p

2/25

2/26/02

y/p

Financial Inst; BP; amends law re use of real estate sale validation questionnaires so that contents of questionnaire can be obtained by financial institutions conducting evaluations, as well as now permitted appraisals

2/25/02

2/26/02

y/p

121/0

2/26/02

y/p

Creating the sunflower commodity commission

2/19/

2/20/02

y/p

Higher Ed; BP; gives Kansas Bd of Regents authority to determine no of hrs in general ed, vocational ed, and technical ed that are equivalent to a credit hour, leading to assoc of applied science degree (voc/tech school)

2/27/02

y/p

2/28/02

y/p

Higher Ed; BP; allow the tuition rate per hour to be set by each vocational education institutions_ board, rather than approval of KS BOR per current law; may be fiscal note for counties paying out-district tuition

2/27/02

y/p

2/26

y/p

Approp; BPA; regulate parking on state prop; allow Dept of Admin to take over enforcement of parking regs, including impose & collect fines for parking violations, with money going into state pocket, rather than counts (may save $17k from security contract with Capitol Police, because personnel in Division of Facilities Mgmt would take over enforcement duties?)

Environment; BPA; establishes process to prohibit or restrict uses of certain contaminated properties, or those subject to environ remediation; defines "environmental use control" as restricting of use, "protective structure" as an engineered structure that_s part of remedial action, and "remedial activity" as any site cleanup of soil or water; also identifies use restrictions (so how does KDHE deal w/ contaminated properties now?) _ another law imposing burden on overworked & underfunded courts to enforce, so vote NO!

2/27

2/28/02

n/p

Higher Ed; BPA; amends community colleges powers_ statute to recognize they can enter into agreements for interlocal cooperation under KS Interlocal Cooperation Act,

and that such agreements might create separate entities⁴

2/27/02

2/28/02 y/p

Education; BP; amends Interlocal Cooperation Act to permit High Plains Ed Cooperative and Southwest Kansas Area Cooperative to enter into an agreement for interlocal cooperation so as to continue the Southwest Plains Regional Service Center (the Light & Loyd Limited)

2/27

2/28/02

y/p

113/9

Changes the current law by allowing aliens to inherit property through probate.

2/27/02

2/28/02

y/p

108/14

3/6

3/7

y/p

102/19

3/12/02

y/f

DIV

45/61

Tourism; BPA; to be done Adding one dollar surcharge to designated athletic event at postsecondary educational institutions to fund the Kansas sports hall of fame. ck amends

2/25

y/p

2/26/02

y/p

66/55

Higher Ed; BP; ditto to HB 2901, but money goes in to state treasury, credited to Restricted Fees Fund of KSU, for use to relocate KS Artificial Breeding Service Unit & renovate livestock research facilities³

2/27/02

2/28/02

y/p

Higher Ed; BP; authorizes Bd of Regents to exch real prop in Riley Co on behalf of KSU w/ Kansas State University Foundation (prop of equal value)

2/27/02

2/28/02 y/p

Utilities; BP; amends Open Records Act, to exepts disclosure of records that might jeopardize the security of systems, facilities, or eqpt used in the production, transmission, or distribution of energy or communications services

2/27

2/28/02

y/p

2/28/02

y/p

2/28/02

Judiciary; SBP; allow the lien claimant (repairman) on vehicle to include storage fees for protecting, storing or safekeeping that vehicle which are unpaid for 30 days, provided notice of intent to claim such storage lien given to lienholders of record

2/

3/8

3/11/02

y/p

Passed over 3/11/02

3/11/02

3/12

y/p

Utilities; BPA; intended to clarify that apartment owners/landowners, including mfg home subdivisions are not a "utility" subject to KCC regulation where they get city water and bill the water cost to tenants/residents, so long as they don_t profit from doing so

2/27

2/28/02

y/p