KANSAS House BILLS for Years 2003-2004:
Last Updated 02/24/2004
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small number of the bills are listed here.
House Bills Introduced in Senate are colored:
HB2005,
Assessment/Taxation. Clarifies legislative intent of 2002 legislation involving
income tax credits for non-railroad state assessed public utility property and makes
a credit available to railroads for tax years 2003 and 2004.
HB2017, Joint Committee on Corrections and Juvenile Justice Oversight. Revises committee membership.
HB2023,
Goico. Voids restrictive covenants that require the use of wood shingles or shakes
unless the covenant allows similar materials comparable in appearance that are
flame resistant or retardant, and meets or exceeds state fire marshal fire
protection standards or city standards, whichever is more restrictive.
HB2032, Judiciary.
Amends eminent domain law to clarify that party can be represented by an
attorney. Appears to bring KSA into conformance with Federal Uniform Assistance
and Real Property Acquisition Policy Act of 1970. Adds that a party
dissatisfied with appraisers award has to appeal and pay docket fee for a new
court action.
HB2034, Judiciary.
19 pages of extensive changes to law dealing with power of attorney, including
health care power of attorney and do not resuscitate orders.
HB2038, Agriculture. This bill is pure corporate welfare funded by another tax, an attempt to use the power of government to set up an entity that should, if it is really a great idea, be set up voluntarily by the industry itself, out of its own funds. The bill establishes the Kansas Propane Education and Research Council. The purpose of the Council would be to develop programs and projects, and enter in to contracts for implementing the act, programs such as enhancing customer and employee safety and training, to improve propane technology, to increase efficiency of propane use AND ANY OTHER PROGRAMS to educate the public about the safety and environmental aspects of propane. The Council would be funded by a 2/10 of a cent "assessment" per gallon of odorized propane forked over by the owner of the propane at time of ordorization or at the time of import of odorized propane. The "assessment" could be raised to 3/10 of a cent per gallon. A conferee estimated that the "assessment" will raise $385,000. These are dollars that the Council will have free rein to spend however it wants. The Legislative Research Department noted that the Council has no direct fiscal tie to the state and would not be considered a state agency. The has parallels to unionism. If this is enacted, all marketers and distributers of propane will be forced to contribute, whether they want or not, and the consumer will end up funding the Council through higher prices.
SubHB2039,
Judiciary. Establishes a temporary drivers license for illegal aliens and
establishes a drivers education fund for the purpose of grants to educational
programs to educate temporary drivers license applicants regarding the driving
laws and vehicle titling, ownership, and insurance. Not only is the Kansas
legislature going on record as enabling, aiding, and abetting an illegal
activity, it is establishing a grant-fed cottage industry catering to the
continuation of that activity, an industry that will become a lobbying force to
extend and expand its hold on the public purse. So much for the legislators’
oath to support the Constitution of the United States and the Constitution of
the State of Kansas.
HB2045, Local Govt. Sets responsibilities for funding the relocation of rural water district water lines on private ROWs.
2049 ***Corrections & Juvenile Justice. Provides the means for counties and/or citizens to get on a ballot the proposal to elect a district attorney to serve an entire judicial district, thereby eliminating the county attorneys in the counties within the judicial district. The counties would still be liable to pay the cost of the new office, prorated by county population. Do not like the idea, as it takes a local government function and makes it a regional function, but one which local governments still have to pay for. The principle of subsidiary - government closest to the people is best - is very much a consideration in this matter.
HB2067,
Appropriations. Establishes the "Statewide Independent Living Council of
Kansas," a non-profit organization independent of any state agency.
Members appointed by Governor. Funded by federal Title VII, Part B dollars that
flow through state agencies.
HB2068, Sloan,
Boyer, Holland, Toelkes. Adds members of regional medical emergency response
team to definition of employee in KS Tort Claim Act. Exempts government employees
from liability arising out of donation of used emergency response equipment to
another government emergency response organization.
SubHB2073,
Tafanelli. Your papers, please - the state becomes a federal Clerk. New law that
has the Division of Motor Vehicles register males between 16-26 with the
Selective Service System when they apply for a driver’s license, if not already
registered. If you don’t want the DMV to forward your data to Selective
Service, no driver’s license. The feds testified in favor of it.
HB2089, Corrections/Juvenile Justice. Gives county commissioners authority to appoint three to six members to Juvenile Corrections Advisory Board in which the county participates.
HB2090, Corrections/Juvenile Justice. Clarifies legal relationship between Department of Corrections and other jurisdictions regarding minimum-security inmate work crews farmed out for projects.
HB2100, Patterson.
New law that declares void any contractual clause in a home inspection contract
that limits the inspector’s liability. Guess who supported it - correct, the
trial lawyers. What is wrong with such a clause in a private contract between
two consenting adults? If you don’t like the clause, take your business
elsewhere.
HB2101, Judiciary.
Revises the Kansas Private Detective Licensing Act by making the license a
2-year license from date of issue, removing the cap on fees, and making firearm
permits expire the same date as does the private detective license.
HB2106, Tourism/Parks. Revises membership of Council of Travel & Tourism.
HB2112,
Local Government. Porch art ticket writers; increased taxing authority.
Legislative Research Summary: The bill extends to all counties the ability
to opt for the enforcement of county codes and resolutions in a special court
created within the district court. The law authorizes counties to appoint code
enforcement officers who have the power to issue citations and notices to
appear but who do not have arrest powers. Costs (except for district judge salaries),
including costs of judges pro tem appointed by the administrative district
judge, are borne by the county. Counties are authorized to levy not to exceed
one-half mill for this purpose. Prosecution is by the county counselor or other
attorney as designated by the board of county commissioners. All fines and
penalties collected under the code are paid over for deposit in the county
general fund or in the special law enforcement fund. Actual procedures under
the new code parallel for the most part the Kansas Code of Procedure for
Municipal Courts. Appeals shall be tried de novo before a district judge
other than a judge from which the appeal is taken.
HB2120, Transportation. Exempts from definition of unattended motor vehicle a vehicle with an engine that is activated by a remote starter system, when the vehicle is locked and when the keys are not in the vehicle.
HB2131,
Utilities. Designates the International Energy Conservation Code 2003 as the
thermal efficiency standard for new commercial and industrial buildings. Add
requirement that the person selling a previously unoccupied new residential
structure or building a residential structure must disclose to the buyer
specified energy efficiency information on a KCC form.
HB2133,
Transportation. Changes law dealing with speed of school buses and gives school
boards authority to establish lower speed limits. Wonder why the school boards
could not set lower speed limits on their own authority.
HB2135,
Transportation. Deletes authority for counties and townships to rent
county/township equipment to private parties for road clearing purposes. The
bill also repeals 11 sections of KSA68 dealing with roads which are classified
as "obsolete." Included is the repeal of KSA68-137 which gives county
power of eminent domain to take land to obtain road building materials.
HB2150,
Sloan. Revises law governing responsibility of townships for traffic control
signs on roads in counties not operating under a county road system.
HB2155, Health/Human Services. Provides for temporary licensing of out-of-state dental techs.
HB2158,
Transportation. Designates wreckers, tow trucks, and car carriers which have a
KCC certificate of public service as an authorized emergency vehicle. Such
vehicles would have to have the lights installed so that they can operate the
lights per KSA 8-1720 when at an accident scene. State takes unto itself an
authority that now resides at the county level.
HB2159,
Transportation. Allows local units of government to register leased vehicles as
they do owned vehicles.
HB2165, Judiciary. Deletes from definition of worthless check the words "..or in repayment for a pre-existing debt."
HB2166,
Transportation. Designates an axle located within 7 feet of another axle as a
weight-bearing axle only when its wheels are in contact with the road.
Specifies that only those axles in contact with the road surface would be used
in determining the allowable legal weight of a vehicle.
HB2176,
Bipartisan Group of Pro-life Representatives. Establishes regulations,
licensing, and standards for operation of abortion clinics. Requires KDHE to
periodically inspect abortion clinics. Gives KDHE authority to write rules/regs
and to seek court injunctions and orders to force compliance. Gives KDHE
authority to set fees associated with licensing as required to cover
enforcement costs.
HB2179, Education. Repeals KSA 25-1904. The bill would allow officers and employees of the state, a school district, or a community college to serve as a member of the State Board of Education. Current law prohibits these individuals from serving in this capacity.
HB2186,
Utilities. Codifies and extensively alters the KCC’s "cold weather
rule" The bill also establishes procedures for customers to negotiate
payment plans when faced with discontinuation of utility service due to failure
to remain current on their account. The bill covers those electric and gas
utilities that are not specifically exempt by statute from jurisdiction of the
KCC. (In general, municipal utilities and cooperatives would not be covered by
the bill.) I do not know the details of the KCC’s cold weather rule, so don’t
know how this bill impacts the basic premise of not shutting off utilities when
the temperature is dropping. Did not have time to read it all.
HB2189,
Transportation. Changes the registration date of vehicles of >16,000 pounds
from 2/15 to last day of February.
HB2191,
Transportation. More bonding authority being handed out. Gives Kansas Port
Authorities OK to borrow money from private person or entities. Allows Port Authorities
to borrow $$$ upon credit of income derived from port and to issue negotiable
notes and bonds. Before issuing bonds, PA has to have approval, by resolution,
of governing body of cities or counties which comprise the PA.
HB2192,
Transportation. Creates a photo fee fund into which would be placed all drivers
license photo fees now collected. Also increases the fee for drivers licenses
in amounts which equate to $1/year for the period a license is valid. Estimated
to generate $2M/year.
HB2193,
Transportation. Increases the fees for motor vehicle titles and reassignment
forms. Estimate given was that beyond FY2005, it would raise about $5.2M/year.
H.2195, Mason. dissolves all unified school districts existing on July 1, 2005 (except for those in Johnson, Sedgwick, and Wyandotte counties) and replaces them with school districts that have as their boundaries each county. The school board for each district would be elected at the April 2005 election. The county school districts would be responsible for the continuation of teacher contracts but no other employment contracts.
SubHB2197,
Environment. Revises law dealing with dogs trained to assist disabled persons.
Establishes penalties for interfering with such dogs, and for causing
death/injury of a police dog, an arson dog, a search and rescue dog, or an
assistance dog. Gives people using assistance dogs the right to enter into
public accommodations without hindrance or paying extra charge, subject to
being responsible for damage that might be caused by their dog.
HB2201,
Local Government. Gives chief of any organized fire department of any
municipality the right to designate other qualified persons to conduct
investigations of fire/arson for the municipality. The supplemental note says
it gives the chief the OK to hire ex-department personnel who carry the fire
inspector certification.
HB2202, Local Gov’t. Allows owners of land which is to be dedicated to a 2nd or 3rd class city for a public purpose to furnish a title insurance policy for the land as an alternative to submitting an abstract of title.
HB2207,
Health/Human Services. Requires registration of pharmacy technicians (new $50
fee) and requires pharmacy technicians to pass state exam administered by Board
of Pharmacy. Guess who supported it - right, the Board of Pharmacy and the
National Association of Pharmacy Technicians - empire, power, control.
HB2209, Decker. This bill dictates that on or before July 1, 2005, school districts in a county having a population of 10,000 or less and which has two or more school districts within the county boundaries shall consolidate to form one consolidated school district.
HB2210, Decker. This one is similar to HB2209 but with a twist. It dictates that on or before July 1, 2005, school districts in a county having a population of 10,000 or less and which has two or more school districts within the county boundaries shall consolidate administrative services. It adds that after July 1, 2005, any school district which has an enrollment of 125 or less must consolidate with the school district which is in the closest proximity to such school district to form one consolidated school district.
SubHB2219, Environment. Deletes requirement, added about 7
years ago, that KDHE update/publish all general policies, guidelines, standards,
and other such documents so that the public could obtain them. The bill would
require that the documents be made available on-line or on request. Apparently
KDHE was spending a lot of money to publish and very few people were asking for
them.
HB2220,
Transportation. 10 pages making many changes in the Commercial Drivers License
law to conform with recent federal agency rule changes. CDL law is tightened
up, with many additions to the license disqualification provisions. Prevents a
CDL holder from entering into diversion agreements for any criminal violation
of traffic control law other than for parking tickets. If the state does not
make the changes, the feds will not hand out motor carrier safety dollars. The
estimate is that the state would lose $16M to $18M in year one, $31M to $33M in
year two.
HB2224, Financial Institutions. Allows banks to purchase/hold an annuity for sole purpose of funding an employee deferred compensation and benefit plan.
HB2241, Commerce/Labor.
Revises law governing the certification of accountants and their education
requirements.
HB2245,
Agriculture. Extends to 8/31/05 the tolerance exemption (+ or - 100 pounds) for
aggregate product scales. The extension is desired so no changes are made
pending a national testing association’s evaluation of scale accuracy limits.
HB2253, Mason. Directs State Board of Education to study all USDs with 400 or less enrollment and less than 200 square miles of territory. In the words of the bill:
If the state board determines that the reasons for low enrollment of any district are not the result of unique circumstances over which the district has no control, that disorganization of the district and attachment of its territory to one or more adjoining districts would not result in harm to or imposition of extreme hardship on the pupils and other residents of the district, and that such disorganization and attachment would generally improve the educational system of the state, equalize the benefits and burdens of education throughout the various communities in the state, enhance the organization of school districts of the state so as to provide for a thorough and uniform system of public schools, and result in a wiser and more equitable use of public funds expended for the support of the public school system of the state, the state board shall issue an order disorganizing the district as of July 1, 2004, and attaching the territory of the district to one or more adjoining districts.
The bill goes on to describe how the corpus is to be divvied up.
HB2256, Mason, Decker, E. Peterson. Directs the State Board of Education to study all USDs to analyze the feasibility of creating regional school districts. The bill contains a long list of facts to be considered. The report is due to the legislature on or before January 1, 2004.
Neither 2253 or 2256 requires the state school board to provide any member of the public an opportunity to have any input into the study process. Given the patron's hue and cry in USD321 because the board provided no opportunity to make input on what is an internal restructuring of attendance centers, I can imagine the headlines if the SBOE does these studies without providing parents, school boards, and community organizations across the state the opportunity to have an input. It would not surprise me to see such terms as tyrannical or dictatorial used.
HB2267,
Commerce/Labor. Does away with unemployment assessment for immigrant
agricultural workers.
HB2280,
Agriculture. Requires that memorandum of leases and easements for land involved
in wind production of electricity be filed with the county register of deeds
within five business days of the lease/easement agreement being executed.
HB2287,
Reps. Krehbiel & Ruff. Exempts property used partially for bed and
breakfasts from ad valorem taxes and sets appraisal rate for B&Bs at 11.5%.
HB2310,
Corrections/Juvenile Justice. Authorizes Superintendent of the Topeka Juvenile Correction
Facility to appoint a deputy superintendent and an attorney, both of whom shall
be in the unclassified service under the Kansas Civil Service Act.
HB2329, Appropriations. Amends the Wage Payment Act (the act sets standards for the payment of wages) to include LLP companies as a defined employer and makes any officer, manager, or major shareholder a defined employee who knowingly permits the company to violate the Act.
HB2397,
Appropriations. Establishes the Water Supply Storage Assurance Fund. Codifies
what has been practice for several years based on provisos in appropriation
bills.
HB2399,
Appropriations. Authorizes the Kansas Water Office to borrow with interest from
the Pooled Money Investment Board for up to five years to maintain cash flow in
the Water Marketing Fund so as to stabilize water marketing rates charged
customers.
HB2400,
Appropriations. Creates the Local Water Project Match Fund. Allows state and
local governments to pool matching funds for water projects, thereby increasing
the amount of federal match dollars that can be accessed. Federal match dollars
for water projects can only be made available to states.
HB2404, Fed/State Affairs.
Permits a mortgagee of record to be a bidder on the property at a tax
foreclosure sale.
HB2416,
Taxation. Establishes a limited duration tax amnesty program.
HB2418,
Appropriations. Strings out the increase in the number of judges on the court
of appeals from 11 to 14 to 2007. Specifies that the budget for the judicial
branch shall be prepared by the Chief Justice and submitted directly to the
legislature. Prevents executive branch from messing with the Chief Justice’s
budget proposal. Makes many changes to the presentation and review of the
Governor’s budget.
HB2426,
Appropriations. 30 pages of appropriations for FY04 and 05.
HB2444,
Appropriations. 237 pages of appropriations for FY03, 04, and 05.
HB2448, Appropriations.
Grandfathers underground porosity storage of hydrocarbons in rock formations
with relatively low salt concentrations if the storage facility was in
operations prior to 7/1/02.
HB2456,
Appropriations. Gives the AG authority to transfer appropriated funds
internally for operating expenses regarding the water right cases against CO
and NE (except KBI funds not included.)
HB2531 ***Agriculture. Gives agricultural use a priority over any historic property use restrictions. Contains an extensive definition of agricultural use. Forces the State Historic Sites Board to let ag use property owners within 500 feet of a potential historical site to be nominated know of the board meeting. It is about time that recognition be given to property rights and to people who work the land. There comes a time when eating takes priority over warm and fuzzy feelings about saving an old house.
HB2575 *** 16 Reps. Adds ordained ministers to the list of people who have a duty to report child abuse. Exempts knowledge gained during penitential communications as defined in KSA 60-429, rules of evidence in civil procedures. The penitential communications exemption gives me no consolation knowing that a similar senate bill (SB186) introduced last year, and still on the calendar, specifically did away with the privileged nature of penitential communications in child abuse cases, a direct attack on the practice of religion. So much for the First Amendment with our constitutionally-challenged elected representatives.
HB2583 ***Environment. This one should be entitled the Dale E. Anderson Memorial Act in recognition of his untiring work to protect the rights of reversionary land owners in their battle with the state and Rail-To-Trail groups over their land grabs. While it does not restore the land to its rightful owners, it puts teeth into the law so that citizens can force RTT operators to live up to their responsibilities. The bill will be fought hard by those who have grabbed private property, but it serves them right for a belief that they have a vested right to the land - and to taxpayers’ wallets.
HCR5005, Rep. Miller. In contrast to so much of what I have read, here is a good one. Miller wants to urge Congress to modify the provisions of the National Voter Registration Act of 1993 to let states purge registered voter lists if a person does not vote in three general elections in a row. As it stands now, no one can be removed from a voting list until the county clerk goes through a long and costly process. Miller’s proposal does not prevent anyone from voting, all they would have to do is re-register.
HCR5008,
Health/Human Services. Urges state and local officials to designate school
nurses as first responders to a biological or chemical attack, and to remove
any legal or regulatory barriers that would prevent a school nurse from
responding to such an attack. The heck with the legal or regulatory barriers -
orders of magnitude more important are the barriers of specialized training and
equipment.
HCR5016,
Fed/State Affairs. Urges AG and Division of Alcoholic Beverage Control to
conduct a study and hearings, and make recommendations with regard to the sale
and delivery of wines to consumers which are not available for sale in Kansas.
(Currently against the law.)
HCR5017,
Agriculture. Urges US Department of Ag to implement country of origin labeling
for beef.
HCR5019,
Environment. Urges Risk Management Agency of US Department of Ag to consider
changes to irrigation regulations and to ensure that crop insurance policies do
not require irrigation of a crop after it has failed.
HR5028 ***A House concurrent resolution that calls upon the Guv to present to the legislature in the 2005 session a plan to implement the regulations of the Kansas Natural Resources Legacy Alliance. The words "legacy" and "alliance" are red flags. [Researching.]
HR5028. Recommended the implementation of the findings of the Kansas Natural Resources Legacy Alliance. You can read the Alliance’s Report at www.kdwp.state.ks.us/alliance/alliance.html. I have read portions of the report. It is all warm and fuzzies, but contains the code words indicating that it is a nose-under-the-tent-flap, a set of actions to pave the way for accomplishment of the goals advanced by the eco-fascists and The Guardians. Some of the recommendations could probably come under the umbrella of "for the common good," but others are aimed directly at property rights or the creation of bigger, more powerful government.
Executive
Reorganization Order 31. Creates within the Department of Commerce a division
of workforce development and abolishes the division of employment and training
within the Department of Human Resources. The reorganization goes into effect
7/1/04 unless either house of the legislature disapproves of the
reorganization.
Executive
Reorganization Order 32. Transfers from KDHE to Department of Agriculture a
bunch of food safety responsibilities. Ditto on the legislature’s veto right.
***Your tax dollars continue to be used to lobby for more taxing authority. The League of Kansas Municipalities, supported by local taxes, has testified in favor of HB2284, giving local governments the authority to impose a local income tax, HB2344, giving local governments the authority to impose a local fuel tax, and HB2285, removing the 1% cap on local-option sales tax.