KSFFA - 2011 Legislative Report

John J. Federico, J.D.

Federico Consulting, Inc.

GENERAL INFO

The 2011 Legislative Session reached first adjournment on April 1st and will return for the Legislative Veto Session on Wednesday, April 27, 2011.  The Veto Session has traditionally been limited to 3-4 days, and was a time to work on bills that had been vetoed by the governor after first adjournment. Veto Session was also the time to make minor adjustments to the next fiscal year’s budget. However, in recent years, the Legislature has used the Veto Session to reach final agreement on myriad of issues.  This year is no different.

The legislature cut a week off of the Regular Session, budgeting those days for use during the Veto Session.  Thus, the legislature could be in session until May 10th without any cut to their pay. If the legislature goes past that date, they would either need to work without pay or incur expenses above their budgeted amount. We do not anticipate that they will work past the May 10th date, but may use all the saved time to reach an agreement on the FY 2012 budget.

In short, we anticipate a lengthy and contentious wrap-up session.  The House and Senate appear to be far apart on fundamental issues that are helping identify the political philosophies of both Chambers.

LEGISLATIVE ISSUES

Accident Response Fees (HB2119).  HB 2119 would prohibit a municipality from charging an accident response service fee to persons receiving emergency services inside or outside the municipality, except for the actual costs of providing emergency services in response to a motor vehicle accident.  The House version of the bill would have imposed an outright ban on cities implementing accident-response service fees.  The Senate amended the bill to allow cities to recoup actual costs for accident response through fees.

The conference committee action deleted the contents of SB 216 (emergency medical services board) and SB 139 (regional trauma councils), which had been added earlier in the session. The result is a bill that still allows cities a degree of freedom in paying for accident-responses, including vehicle extrication, trench rescue, and swift-water rescue.

The full Senate approved the Conference Committee Report on a 35-3 vote.  The full House will consider HB 2119 Conference Committee Report sometime during the Veto Session.  For a brief on the Conference Committee Report, please visit this link:

http://kslegislature.org/li/b2011_12/year1/measures/documents/ccrb_hb2119_04_0000_0000.pdf

Budget

The budget conference committee has met and agreed to several provisions, but their work is far from over.  The key agreement thus far:  the Senate accepted the House’s proposal to a nearly across-the-board budget cut of 1.193%, which results in about a $23M cut in State General Fund expenditures.

Further, budget committees in the House and Senate have met during the break and made changes to their version of the budget based on new revenue numbers issued by the Consensus Revenue Estimating Group in mid-April.

The House version includes an ending balance of $60.6M, up from just $48M before tentative agreements were reached with the Senate in just one full round of offers and counter-offers. The Senate, which approved a rescission/Mega bill which would have produced a $23.3M deficit through FY ’12, now projects a positive ending balance of $2.9M.

The conference committee will meet again this Wednesday when the Legislature reconvenes, to continue hammering out a single, compromise bill.

E-911 Statute Revisions (Substitute for SB50).  House and Senate negotiators reached an agreement on SB50 which will significantly change Emergency 911 laws in Kansas. Negotiators are expected to sign the conference committee report when they return for the Veto Session.  Then the report will be voted on by both chambers, where it is expected to pass. 

Key components of the Conference Committee include:

·         $.53 per month per wireless or wireline subscriber; 1.6% fee on prepaid subscribers. (This fee will replace both the wireless and the wireline funds that are currently received).

·         Funds will be collected centrally by the Local Collection Point Administrator (LCPA).

·         LCPA will be selected by the 911 Coordinating Council.

·         Coordinating Council consists of 16 voting members and 10 nonvoting members appointed by the Governor.

·         The LCPA will be subject to KOMA, KORA, and governmental accounting standards. The LCPA cannot be a state agency.

·         There will be a grant fund to help PSAPs with existing needs and with the development of next generation 911 services.

·         Uses of the monies will mirror what is currently allowed for wireless monies including: Implementation of 911 services; Purchase of 911 equipment and upgrades; Maintenance and license fees for 911 equipment; Training of personnel; Monthly recurring charges billed by service suppliers; Installation, service establishment and nonrecurring start-up charges billed by the supplier; Charges for capital improvements and equipment or other physical enhancements to the 911 system; Original acquisition and installation of road signs designed to aid in the delivery of emergency services. Fees may NOT be used to lease, construct, expand, acquire, remodel, renovated, repair, furnish or improve buildings or similar facilities. Fees may NOT be used to purchase subscriber radio equipment.

For a complete summary of the bill, visit this link:

http://kslegislature.org/li/b2011_12/year1/measures/documents/supp_note_sb50_04_0000.pdf

EMS Bill (SB216).  This bill would make changes to current law regarding emergency medical services provided by individuals regulated by the Board of Emergency Medical Services (BEMS). Changes made in 2010 law allowed Emergency Medical Services (EMS) attendants to transition from authorized activities to scope of practice, changed the names of some attendant levels to reflect national nomenclature, and allowed for enhancement of skills set to create the ability to provide a higher level of care.

The Senate Public Health Committee amended the composition of the EMS Board and made other amendments, and passed the bill. The full Senate added the contents of the bill to HB 2119 and passed the bill. During the conference committee negotiations, the SB 216 language was cut from the bill.  House negotiators indicated that they would like to hold a hearing on the matter and/or learn more about the issue and consider action on the matter during the Veto Session.  For a full version of the bill, please visit this link:

http://kslegislature.org/li/b2011_12/year1/measures/documents/sb216_01_0000.pdf

Fire Sprinkler Bill (House Sub for SB 101).  This bill permanently restricts cities and counties from adopting or enforcing any ordinance, code, or other policy that would require the installation of a multipurpose residential fire protection sprinkler system in a residential structure. The bill would prohibit a city or county from requiring the installation of such a system as a condition for the consideration or approval of a building permit or plat.

The House Local Government Committee amended the fire sprinkler bill into SB101 and passed the bill on a 112-12 vote.  After visiting with the Senate Committee Chair (joint meetings with representatives from the KSFFA, the cities of OP and Manhattan), the Senate nonconcurred with the House “gut & go” changes to SB101 and assigned a conference committee.  However, in spite of the Senate’s lead negotiator’s objections, the full Senate ultimately voted to concur with the changes on 33-3 vote.  House Sub for SB101 was signed into law by Governor Brownback on April 8 and is effective upon its publication in the Kansas Register.  For the final version of the bill, visit this link:

http://kslegislature.org/li/b2011_12/year1/measures/documents/sb101_enrolled.pdf

Fire District Tax Lid.  Prior to the start of the 2011 Legislative Session, Members of the KSFFA met with the Chairman of the House Tax Committee to discuss this lingering issue.  He consented to hold a hearing on the issue, and a conceptual bill was introduced and submitted to the Revisor of Statutes for drafting.  The Revisor’s office warned of the widespread implications of hearings on such a bill.  Meetings were held with the Kansas Association of Counties and it was determined that the best course of action would be to pursue clarification in the form of an Attorney General’s Opinion.  Information has been shared with the AG’s office but as of this writing no “official” request has been made.

KPERS (HB2194 & HB2333). The Kansas Public Employees Retirement System, or KPERS, projects a $7.7 billion shortfall between anticipated long-term revenues and the benefits promised to retirees and current public employees. The House and Senate have approved separate plans for addressing the problem, and their negotiators are scheduled to meet Monday, April 25, 2011 to begin work on a final plan.

The House legislation would require public employees hired after June 2013 to enroll in a 401(k)-style plan and cut the future benefits of other workers who don't voluntarily change from the state's existing, traditional plans. The Senate's proposal would keep traditional plans but require most workers to contribute a higher percentage of their salaries to KPERS.

Gov. Sam Brownback has stated he expects that Kansas will move toward a 401(k)-style pension plan for new teachers and government.  He favors such a move, and said that he believes legislators should either set up a study commission that will recommend the change or pass a bill this year that creates a 401(k)-style plan for new public employees.   For summaries of each bill, visit the following links:

http://kslegislature.org/li/b2011_12/year1/measures/documents/supp_note_hb2194_03_0000.pdf

http://kslegislature.org/li/b2011_12/year1/measures/documents/supp_note_hb2194_03_0000.pdf

State Fire Marshall’s Office (SB220 & HB2370).  These bills would have abolished the Office of the State Fire Marshal and would transfer powers, duties, and functions of the agency to the Division of Facilities Management of the Department of Administration (duties relating to inspections, etc), the Kansas Bureau of Investigation (duties relating to post-incident fire or explosion investigations), and the Division of Emergency Management of the Office of the Adjutant General (duties relating to responding to hazardous material incidents).

Both the Senate Federal & State Affairs and House Transportation and Public Safety Budget Committee held hearings on the bills.  The House committee worked the bill, but ultimately voted to table the bill and requested an interim study on the abolishment of the Fire Marshall’s office.  The Senate Committee chose to take no action on the bill.

Related matter: Following a March 10 meeting with the Governor's office, Fire Marshall Jorgenson announced that the Fire Marshall’s office will begin "respecting" existing statute regarding inspections.  Specifically, he was referring to the statute which specifies that no code shall be enforced on a building that was adopted after the construction of the building.  So, a school built in 1940 could not be held to the 1992 fire code standards.  He pledged to begin rescinding citations that were in violation of that statute and direct that all inspectors receive additional training on the matter.

Worker’s Compensation.  HB2134 makes major changes to the Kansas Worker’s Compensation Act.  Both the Kansas Senate and Kansas House of Representatives unanimously passed the overhaul to the Kansas Workers' Compensation Act and the bill was recently signed by the Govenor. 

Sub. for HB 2134 would revise portions of the Workers Compensation Act pertaining to definitions contained in the Act, exemptions from compensation benefits, notice of injury, drug testing, administrative hearings, preexisting conditions, permanent total and temporary total disabilities, wage calculations, the caps on benefits, lump sum retirement benefits, medical treatment, and ancillary provisions.

In addition to injury caused by an accident, as provided by current law, the bill would require an employer to be liable to pay compensation to an employee that has been injured in the course of employment because of repetitive trauma or occupational disease. An injured employee would have to show that the work incident was the prevailing factor that caused the injury.  The bill will be effective May 15, 2011. For a complete summary of this bill, please visit: http://kslegislature.org/li/b2011_12/year1/measures/documents/ccrb_hb2134_04_0000_0000.pdf

CONTACT INFO

900 S. Kansas Ave: Suite 300: Topeka, KS: 66612

(785)232-2557

johnfed@cox.net

2011-2012 KSFFA BILL TRACKER