Friday, October 31, 2014

How did legislators vote on Kansas’ newest laws?

By The Herald Staff | 4/8/2013

TOPEKA — Kansas Gov. Sam Brownback signed dozens of new bills into law this month, bringing a successful end to many pieces of legislation that passed through the Kansas House and Senate this session.

But how did Franklin County’s representatives in Topeka — State Reps. Blaine Finch, R-Ottawa, and Kevin Jones, R-Wellsville, as well as state Sen. Caryn Tyson, R-Parker — vote on those bills before they reached the governor’s desk?

TOPEKA — Kansas Gov. Sam Brownback signed dozens of new bills into law this month, bringing a successful end to many pieces of legislation that passed through the Kansas House and Senate this session.

But how did Franklin County’s representatives in Topeka — State Reps. Blaine Finch, R-Ottawa, and Kevin Jones, R-Wellsville, as well as state Sen. Caryn Tyson, R-Parker — vote on those bills before they reached the governor’s desk?

Take a look at the following list of legislation signed so far, along with brief explanations of the bills. An asterisk (*) notes a local legislator’s sponsorship of a bill.

House bills

• HB 2006 — amends the Kansas Rules and Regulations Filing Act to remove Kansas from the name of the Act. [Finch, Yes; Jones, Yes; Tyson, Yes]

• HB 2007 — establishes the Insurance Holding Company Act and amends the insurance code to modify existing provisions governing insurance holding companies. [Finch, Y; Jones, Nay; Tyson, N]

• HB 2013 — a technical correction — deletes from the definition of perjury a reference to a provision removed from the statutes in the 1999 session. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2019 — changes court of appeals rules to allow judges to be appointed by the governor and confirmed by the state Senate. [Finch, N; Jones, Y; Tyson, Y]

• HB 2022 — revises the purposes for certain payroll deductions from the paychecks of private or public employees. [Finch, N; Jones, Y; Tyson, Y]

• HB 2028 — amends the Kansas Standard Asset Seizure and Forfeiture Act concerning venue in forfeiture proceedings brought by the Kansas Attorney General. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2030 — authorizes the Kansas Department of Wildlife, Parks and Tourism to issue up to 10 wounded warrior deer permits each calendar year to disabled veterans who sustained injuries in combat and have a service-connected disability of not less than 30 percent through a random drawing if the number of eligible individuals exceeds 10. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2041 — requires a municipal judge to forward conviction of city violations, as well as cases involving boating under the influence and driving under the influence, to the KBI. The new law also requires the KBI director to adopt rules and regulations by July 1, requiring district courts to report the filing and disposition of all cases alleging DUI or refusal to submit to a test to determine the presence of alcohol or drugs (criminal refusal) and it clarifies that the Kansas Department of Corrections or a jail may provide notice of release. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2044 — creates two new crimes: distribution of a controlled substance causing great bodily harm (severity level 5) and distribution of a controlled substance causing death (severity level 1). [Finch, Y; Jones, Y; Tyson, Y]

• HB 2066 — amends the Physical Therapy Practice Act to allow physical therapists to initiate treatment without a referral from a licensed health care practitioner for as many as 10 patient visits or a period of 15 business days. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2096 — expands options for governmental entities to invest public money in demand deposit accounts in banks, savings and loan associations, and savings banks, that have main or branch offices in the place where the governmental entity resides or in the county or counties where all or part of the investing governmental entity is located. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2138 — repeals 17 statutes concerning oil and gas. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2147 — repeals 15 statutes related to roads and bridges, including requiring highway signs that list distances to include metric system distances if a U.S. Department of Transportation demonstration project was approved. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2156 — repeals a statute regarding the area vocational school fund in the unified school district budget document. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2163 — requires a garnishee respond to an order of garnishment within 14 days after service to the judgment creditor (or the judgment creditor’s attorney) regarding whether he/she has the assets to pay the debt. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2169 — adds motions to revoke probation to the list of final disposition of pending proceedings imprisoned persons can request. If the court fails to hold a hearing on the motion to revoke probation within 180 days of receipt of the request, the motion would no longer be of any further force or effect and the court would be required to dismiss it with prejudice. Escape from custody of any prisoner subsequent to requesting final disposition of a motion to revoke probation would void the request. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2176 — authorizes the Eisenhower Foundation license plates. [*Finch, Y; Jones, Y; Tyson, N]

• HB 2177 — updates state motor carrier rules, including to reflect current vehicle sizes. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2181 — authorizes a licensing body to waive educational requirements toward certification or licensure for any former military service member who completes a distance education course through an accredited educational institution. The courses must be substantially equivalent to the standards required for certification or licensure. Additionally, each licensing body is permitted to adopt rules and regulations necessary for implementation of the waiver. The waiver does not apply to the practice of law or the regulation of attorneys. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2193 — updates a federal reference in existing state law concerning disability accessibility standards for public facilities. The change would make the state law consistent with the current Americans with Disabilities Act (ADA). [Finch, Y; Jones, Y; Tyson, Y]

• HB 2202 — allows automatic exemptions for drought declarations that have been made either by the governor or by the U.S. Department of Agriculture. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2205 — streamlines the adoption petition process by eliminating language that prevents a hearing from being scheduled within 30 days from the date the petition is filed and allows the hearing to be scheduled anytime within 60 days of the filing date. The new law also provides an exception to notice requirements in independent and stepparent adoptions when the party entitled to notice waives the right. [*Finch, Y; *Jones, Y; Tyson, Y]

• HB 2252 — extends the statute of limitations for the prosecution for rape or aggravated criminal sodomy indefinitely as well as extends prosecution of a sexually violent crime to 10 years. It also allows for prosecution of a sexually violent crime when the victim is younger than 18 within one year of date the identity of the suspect is conclusively established by DNA testing or within 10 years of the date the victim turns 18, whichever is later. [*Finch, Y; Jones, Y; Tyson, Y]

• HB 2269 — designates a portion of K-92, from the junction of K-92 and 94th Street in Jefferson County south to the northern boundary of McLouth, as the “John Bower Memorial Highway.” [Finch, Y; Jones, Y; Tyson, Y]

• HB 2305 — amends the Kansas Storage Tank Act by requiring new or replacement installations of underground storage tank systems to be built with secondary containment, which would be monitored for leaks. The new law also requires any new motor fuel dispenser system installed after June 30 to include underdispenser spill containment. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2318 — allows a motorcycle’s headlamp to be wired with a federally approved headlamp modulation system and allows certain types of lights on the sides of motorcycles. [Finch, Y; Jones, Y; Tyson, Y]

• HB 2357 — designates a portion of U.S. 169, from the City of Coffeyville north to the junction of U.S. 169 and 3000 Road in Montgomery County, as the “242nd Engineer Company — KS Army National Guard — Highway.” [Finch, Y; Jones, Y; Tyson, Y]

Senate bills

• SB 21 — amends several firearms-related statutes including authorizing official recognition of any valid concealed carry permit from another state for individuals traveling through or visiting Kansas. [Finch, Y; Jones, Y; Tyson, Y]

• SB 24 — amends certain risk-based capital (RBC) provisions in the insurance code to update the specified effective date of risk-based capital instructions and increase an RBC factor associated with a trend test calculation for life and health insurance companies. The new law also updates the effective date specified in current law for the RBC instructions promulgated by the National Association of Insurance Commissioners from the date currently specified, Dec. 31, 2011, to Dec. 31, 2012, and increases one of the RBC calculation factors specified in determining a company action level event for a life and health insurance company from 2.5 to 3. [Finch, Y; Jones, Y; Tyson, Y]

• SB 25 — amends certain risk-based capital (RBC) provisions in the insurance code to add a calculation provision associated with the determination of a company action level event for health organizations. [Finch, Y; Jones, Y; Tyson, Y]

• SB 28 — allows the Adjutant General’s department to accept the federal land where the “crisis city” facility is located. [Finch, Y; Jones, Y; Tyson, Y]

• SB 51 — adds a trade organization of banks to the insurance code list of associations providing health insurance coverage exempted from the jurisdiction of the Kansas Insurance Commissioner. Enactment of the bill would allow this designated banking organization the ability to self-insure, offering health coverage through a self-funded group plan. [Finch, Y; Jones, Y; Tyson, Y]

• SB 52 — amends the maximum annual interest rate established in law for first real estate mortgage loans and contracts for deeds. [Finch, Y; Jones, Y; Tyson, Y]

• SB 58 — restructures penalties for unlawful manufacturing of a controlled substance and clarifies a special sentencing rule for a second or subsequent conviction of the same crime. [Finch, Y; Jones, Y; Tyson, Y]

• SB 59 — authorizes the Kansas Attorney General to pay a reward of up to $5,000 to anyone who first provides information concerning a violation of the Medicaid Fraud Control Act, the False Claims Act, or any other law that protects the integrity of the public treasury. [Finch, Y; Jones, Y; Tyson, Y]

• SB 69 — amends certain motor vehicle registration requirements including bringing statutes in compliance with Kansas Department of Revenue’s Division of Vehicles current practices. [Finch, Y; Jones, Y; Tyson, Y]

• SB 62 — strikes the terms “utility,” “public utility,” “corporation,” “municipal corporation,” and “quasi-municipal corporation” in certain existing statutes and replace the terms with the term “person.” The new law also adds various references to federal regulations. [Finch, Y; Jones, Y; Tyson, Y]

• SB 68 — allows all locations for driver’s license examinations to be established by the Kansas Secretary of Revenue, by removing a requirement that a commercial driver’s license also be issued at certain locations. [Finch, Y; Jones, Y; Tyson, Y]

• SB 75 — prohibits a recycler from purchasing “plastic bulk merchandise containers” without first obtaining certain information about the seller and details about the containers. [Finch, Y; Jones, Y; Tyson, Y]

• SB 85 — allows people to use electronic proof of their insurance via a cellular phone or other type of portable electronic device when providing proof of insurance when registering a vehicle and when requested by law enforcement. [Finch, Y; Jones, Y; Tyson, Y]

• SB 113 — amends statutes governing the loan approval process and certain reporting requirements for credit unions. [Finch, Y; Jones, Y; Tyson, Y]

• SB 118 — amends statutes related to missing persons including creating a “high-risk missing person” category. [Finch, Y; Jones, Y; Tyson, Y]

• SB 135 — moves responsibility for administering the Boiler Safety Act to the State Fire Marshal from the Department of Labor. [Finch, Y; Jones, Y; Tyson, Y]

• SB 139 — amends the Kansas Money Transmitter Act to allow money transmitters to submit applications for licensure and allow the Bank Commissioner to request and receive licensure information and report violations of the law and other relevant information through a nationwide multi-state licensing system and registry. The new law also revises and adds definitions in the Act; clarifies licensee activities and authorizes the commissioner to adopt rules and regulations necessary to implement the Act. [Finch, Y; Jones, Y; Tyson, Y]

• SB 166 — amends the Insurers Supervision, Rehabilitation and Liquidation Act to state no person could be stayed, enjoined or prohibited from exercising any contractual right to terminate, liquidate, accelerate or close out of obligations in connection with any netting agreement or qualified financial contract due to certain conditions specified in the bill. [Finch, Y; Jones, Y; Tyson, Y]

• SB 216 — amends existing law to state a municipal university, as well as any state university, would have the ability to use a public building commission to acquire land and facilities near or adjacent to the university or could acquire by lease, land and facilities constituting a part of the campus of the institution. The new law also allows the public building commission to acquire the fee simple title to real property, or a leasehold interest in real property, located on the campus of any municipal university. [Finch, Y; Jones, Y; Tyson, Y]

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