2007 Interim Topics As Approved by the Legislative Coordinating Council

I.  Special Committees:

Special Committee:  Assessment and Taxation

Membership:  13 members (8 from the House and 5 from the Senate)\

Chairperson:  Senate Chair

Meeting Days:  6 days

1. Corporate Income Tax Shelters.  Review a number of corporation income tax shelters and shelters brought to the attention of the 2007 tax committees, including those addressed in the proposed "Dillmore amendment" to HB 2495. 

2. Sales Tax Exemptions.  Study a proposal that would establish a uniform statewide policy with respect to sales tax exemptions for not-for-profit groups and entities.  Make recommendations deemed appropriate to the 2008 Legislature.

3. Property Tax Payment Date.  Consider allowing taxpayers the option of paying their entire property tax bill in January of the following year (as an alternative to current law, which requires the first half payment by December 20 and the second half by May 10).  Authorizing the "bunching" of property tax payments for federal and state income tax planning purposes has been suggested by tax preparers. 

4. Property Tax Deferral.  Study the implications of allowing certain taxpayers to enter into a property tax deferral program such as the one proposed in 2007 HB 2298.  Make recommendations as to whether any such proposal should be an alternative to or supplemental to the current Homestead Program. 

5. Income Tax Withholding.  Review the current individual income tax withholding tables and requirements utilized by the Department of Revenue and determine whether the tables adequately reflect the appropriate amounts that should be withheld from most taxpayers. 

6. Local Sales Tax Authority.  Study the current formulas relating to the disaggregation of revenues for countywide sales taxes and recommend whether counties in the future should have the option of retaining all such revenues.  Also recommend whether counties should be granted additional local sales tax authority similar to that granted to cities in 2006. 

7. Tax Relief for Storm-Damaged Property.  Study potential legislation that would authorize the Director of Property Valuation, upon a declaration of a weather-related disaster by the Governor and President that has destroyed more than 50 percent of any taxing subdivision’s assessed valuation prior to June 1, to authorize a valuation adjustment for all affected real estate.  Also study a potential provision that would authorize special payments from the Statewide Maintenance and Disaster Relief Fund be made to hold harmless all affected taxing units for the given tax year, plus an additional year to prevent mill levies from being driven up during the rebuilding process.  Review whether such property tax relief might more easily be administered as a form of refundable income tax credits or some other methodology.  Finally, consider whether any such legislation should be made retroactive to tax year 2007 to help the citizens of Greensburg and surrounding areas. 

8. Corporation Income Tax Credits.  Study potential legislation that would authorize a unitary group of corporations for income tax purposes to allow any of the subsidiary corporations to claim income tax credits earned by the parent corporation. 

9. Property Taxes on Newly Constructed Residential Property.  Conduct a comprehensive review of the process by which property taxes on newly-constructed residential property are assessed.  Study 2007 HB 2543 which provides that the assessed valuation for newly-constructed residential property should not be imposed until the first day of the month following the date of occupancy.

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Special Committee: Energy, Natural Resources, and Environment

Membership:  11 members (7 from the House and 4 from the Senate)

Chairperson:  House Chair

Meeting Days:  6 days

1. Comprehensive Study of the Energy Efficiency of State and Local Government Buildings- Review existing state law, executive orders and regulations as well as local ordinances, resolutions and practices relating to energy conservation for buildings owned, leased, and operated by governmental units, including those under the control of the Kansas Board of Regents.  Study other states’ actions in this area.  Review possible ways to build public policy that would encourage new and improved energy conservation in newly constructed space and in leased space and provide incentives for retrofitting existing public buildings.  Review the work of the 2005 Select Committee on Energy.  Review 2007 HB 2485 (as passed by the House) which relates to energy efficiency in public buildings.

2. Intensive Groundwater Use Control Areas - Study the use of intensive groundwater use control areas.  Study how intensive groundwater use control areas are used as a part of the state’s  water management program.  Review 2007 HB 2070, which would limit the use of an intensive groundwater use control area to a period of not more than five years. 

3. Distribution and Transportation of Gasoline, Biofuels, and Diesel.   Study the distribution and transportation of gasoline, biofuels, and diesel in Kansas.

Special Committee: Federal and State Affairs

Membership:  9 members (6 from the House and 3 from the Senate)

Chairperson:  House Chair

Meeting Days:  6 days

1. Late Term Abortions.  Review the recent U.S. Supreme Court ruling on late term abortions.  Study the impact of the U.S. Supreme Court ruling on late-term abortions on Kansas law and receive a briefing from the Kansas Attorney General regarding Kansas abortion law.  Review the proviso attached by the House to the omnibus appropriation bill regarding late term abortions.  Examine the original intent of the Kansas late term abortion statutes to determine if any additional clarifying language is necessary.

2. Regulation and Oversight of Amusement Rides.  Study the need for state regulation and oversight of amusement rides.  Review the need to establish minimum safety standards for the installation, assembly, repair, maintenance, use, operation, disassembly, and inspection of amusement rides at carnivals, fairs, and theme parks.

3. Public Smoking in Kansas.  Study the regulation of public smoking in Kansas, including in all public areas and worksites.  Review the recent Kansas Supreme Court hearing on public smoking regulation (Steffes v. City of Lawrence) for any constitutional or enforcement considerations that might be necessary, once the ruling is released.

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Special Committee:  Financial Institutions and Insurance

Membership:  9 members (6 from the House and 3 from the Senate)

Chairperson:  Senate Chair

Meeting Days:  6 days

1. Regulation of Credit Unions.  Review the recent Legislative Post Audit report entitled, Regulation of Credit Unions:  Reviewing the Department of Credit Unions’ Procedures for Ensuring Institutions’ Safety, Soundness, and Compliance With the Law.  In particular, study the Post Audit finding related to the Department of Credit Unions’ interpretation of credit union membership requirements and the Department’s examination activities as they relate to having clearly defined procedures, following the current established procedures, and taking timely enforcement activities.

2. Health Care Tax Credits and Benefits.  Study and review options for tax credits and benefits for the purchase of long-term care insurance, health-earned income tax credits, health insurance, and health savings accounts pursuant to 2007 SB 11 (law).

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Special Committee: Judiciary

Membership:  13 members (8 from the House and 5 from the Senate)

Chairperson:  Senate Chair

Meeting Days:  10 days

1. Operations of the Board of Healing Arts.  Review the recent Legislative Post Audit report on the Board of Healing Arts.  Study the appointment of members to the Board of Healing Arts, the professions covered by the Board’s jurisdiction, the nature, fairness and quality of the Board ’s investigations, and recommendations regarding implementation of graduated sanctions. 

2. Kansas Administrative Procedures Act and the Act for Judicial Review of Agency Actions.  Study the Kansas Administrative Procedures Act and the Act for Judicial Review of Agency Actions in the light of the passage of 2007 SB 351 which expanded the use of the Office of Administrative Hearings.  Review if the findings of the Office of Administrative Hearings should control or be given deference on appeal and whether the law should be further amended to prohibit agency heads or boards from serving as presiding officers in administrative hearings.  Examine if the findings of fact by the Office of Administrative Hearings should be the final word in the administrative hearing process. 

3. Operation of the Kansas Parole Board.  Study the workings of the Kansas Parole Board to determine whether any changes need to be made.  Review the Parole Board case load to help decide if the Board is the correct size, and if the Board is still needed in light of sentencing guidelines.   Study whether the Board should continue to be empowered to pass parole eligible inmates indefinitely when the inmates have met all of the programing and treatment criteria of their agreement with the Department of Corrections. 

4. Medical Assistance for Trust Beneficiaries - Study 2007 SB 32 which amends current law regarding eligibility criteria for medical assistance for trust beneficiaries.  The bill would clarify that resources from a trust executed on or after July 1, 2004 would be considered as available resource in determining eligibility of a trust beneficiary for medical assistance

5. Subrogation Clauses in Health Insurance Contracts - Study 2007 SB 44 which would permit health care insurers to include subrogation clauses in health insurance contracts.  A subrogation clause would allow a health care insurer to seek reimbursement from the responsible party for a claim it has already paid to the insured.

6. Change in Judge in a Civil Action - Review 2007 SB 86 which would require a change of a judge in a civil action, if a written application is filed by a party to the litigation.  The application would not require an allegation or proof of any cause for the change.

7. Allow a Parent to Remove a Child from the Custodial Parent to Protect the Child from Abuse - Study 2007 SB 182 which would allow a parent to remove a child from the custodial parent or guardian on good faith and reasonable belief that the action is necessary to protect the child from being subject to mistreatment or abuse.  The parent would have to report the action to the district or county attorney as soon as the circumstances allow.

8. Aggravated Incest - Study 2007 SB 233 which concerns aggravated incest.  The bill would decrease the minimum age of the offense from sixteen years of age to fourteen.  It also would increase the penalty for aggravated incest from a severity level 5, person felony to a severity level 1, person felony.  Under current law aggravated incest includes lewd fondling with a person who is at least sixteen years of age but under the age of eighteen and who is known to the offender as a biological, step, or adoptive relative

9. Establishment of District Attorney Offices - Review 2007 SB 254 which would establish a procedure for an election to determine whether the office of county attorney should be abolished and the office of district attorney established.  The election could occur either by a resolution or petition and would be submitted to the Secretary of State.

10. Submission of Blood or Other Biological Samples to the Kansas Bureau of Investigation- Study 2007 SB 237 which would require individuals who are presently serving a sentence for certain crimes to submit specimens of blood or other biological samples to the Kansas Bureau of Investigation.  In addition, the bill provides for a specified period of time, any person charged with the commission of a person felony or a drug severity level 1 or 2 felony would be required to submit a specimen of blood or other biological sample, but only after determination of probable cause by a magistrate judge.

11. Settle Damages Between Landowners and Their Farm Tenants and Gas and Oil Operators.   Study the need for creation of a "Surface Damage Act" for Kansas landowners.  The goal of the Act would be to improve relations and settle damages between landowners and their farm tenants and the gas and oil operators who use the surface of land to conduct their oil and gas exploration and development activities.  Review how other states deal with the issue of the settlement of gas and oil operator damages through pre-established damage award amounts, appointment of appraisers to value damages, the use of performance bonds, the use of mediation or litigation, or other methods to settle damage awards.

12. Vehicular Homicide.  Study the current statutes related to vehicular homicide.  Review whether district and county attorneys should have more discretion for filing charges related to vehicular homicide.  Study whether mandatory drug testing should be required in all vehicular homicide cases.  Review whether strong penalties should be an option for those individuals convicted of vehicular homicide. 

13. Indemnification Agreements.  Study the issue of indemnification agreements when a contract requires the first party to indemnify the second party for negligent acts of the second party.  Current law provides that if a construction contract contains such a provision, it is considered void and unenforceable.  Study 2007 HB 2007, which would apply the prohibition of indemnification agreements to all contracts and agreements, not just construction contracts, and prohibit indemnification for intentional acts and omissions.  Study 2007 HB 2262, which would apply the current prohibition on indemnification agreements to motor carrier transportation contracts.  Study 2007 SB 379, which would add the prohibition of indemnification for intentional acts and omissions in an agreement. 

14. Release of Inmates to House Arrest by the Secretary of Corrections.  Review the issue of release of inmates to house arrest by the Secretary of Corrections.  Study 2007 SB 306, which would clarify when defendants may be sentenced by the court to a house arrest program and when inmates in the custody of the Secretary of Corrections could be placed on a house arrest program.

15. Child Care Custody – Military Deployment.  Review and make recommendations regarding child care custody issues as they impact those persons deployed for military service.

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Special Committee: Transportation

Membership:  11 members (7 from the House and 4 from the Senate)

Chairperson:  House Chair

Meeting Days:  6 days

1. Short Line Railroads.  Study the options to increase the availability of national and short line railroads that would support Kansas businesses.  Examine the cost-effectiveness of expanding national and short-line operations in Kansas.

2. Inter-municipality Light Rail Systems.  Study the state policy and economic options regarding inter-municipality light rail systems.  Review the possibility of minimizing the need for increased expenditures to expand and maintain the interstate and state highway systems between selected communities.

3. Kansas Affiliation with the Midwest Interstate Passenger Rail Compact.  Study the potential benefits of Kansas becoming a member of the Midwest Interstate Passenger Rail Compact, under the auspices of the Midwest Legislative Conference.    In addition, study the potential for high speed rail service between Kansas municipalities and regional centers and the likelihood of benefits to Kansas businesses.

4. Graduated Driver’s Licensing.  Review issues related to graduated driver’s licensing and in particular issues related to 2007 SB 294.  The review should include driver education requirements, driving with other teenage passengers in the vehicle, and  nighttime driving restrictions.  In addition, study the need to address additional supervised driving experiences for young drivers.

5. Regulation of Work-Site Utility Vehicles.  Study whether additional changes need to be made to 2007 SB 8 (law), which concerns the regulation and use of work-site utility vehicles.  Review the following issues:  (1) what constitutes "incidental use" of a work-site utility vehicle; and (2) registration and titling issues for work-site utility vehicles.

II.  Statutory Joint Committee and Commission Referrals:

Joint Committee:  Children’s Issues

1. Review Childcare Licensing.  Review the practices and policies of the Department of Health and Environment’s Child Care Licensing Division.  Study how the child care licensing practices of the Department are affecting the children of Kansas.

Joint Committee:  Economic Development

1. Workforce Recruitment Issues.  Study workforce recruitment issues in Kansas.  Examine opportunities to help match businesses with skilled employees and assist businesses to retain skilled employees for the long-term.

2. Refundable Tax Credits.  Review current tax credits and whether they should be refundable.  Develop recommendations which encourage economic development while minimizing the negative impact on State General Fund receipts.

3. Housing Incentives.  Explore options and make recommendations for the provision of incentives for reconstructing affordable homes in disaster areas.

Joint Committee: Corrections and Juvenile Justice Oversight

1. HIV and AIDS Awareness Education.  Review 2007 SB 300 which would require the Department of Health and Environment and the Department of Corrections to implement a mandatory inmate and correctional staff education awareness program on HIV and AIDS.  Study the current Department of Corrections policy on HIV and AIDS awareness for staff and inmates.

2. Juvenile Justice Community Corrections Core Programming.  Study the core programs provided by juvenile justice community corrections agencies.  Examine ways that would target funding in order to minimize the time that youth would be involved in the juvenile justice system.  Review the current funding for the core programs, including how the state allocates funding to local core programs and if there are possibilities to leverage non-state funding for core programs.

Joint Committee:  Legislative Budget

1. State Board of Indigents’ Defense Services.  Study the entire system of delivering indigent defense services to indigent persons in the State.  Review the methods of effectively and efficiently providing indigent defense services, including attracting and retaining public defenders and private attorneys.  Study the future needs of the State Board of Indigents’ Defense Services.

2. Mental Health Services for the Elderly.  Review the current level of activities of mental health services for the elderly.  Study 2007 HB 2236 which would create a Geriatric Service Demonstration Program to provide grants to providers of mental health care for the elderly.

3. Presumptive Disability.  Study the Presumptive Medical Disability process, implemented by the Kansas Health Policy Authority in September 2006, which serves as the gateway to the MediKan and General Assistance programs for individuals who appear to have a disability that will eventually qualify them for federal disability benefits. Review the effect of the new process on vulnerable Kansans due to the number of people who have left the MediKan program and the length of time it takes to complete the review process. The 2007 Legislature appropriated funding to address the length of the review process. In addition, review potential program changes to address issues regarding populations, especially those with mental illness, impacted by the new presumptive medical disability process.  (See Joint Committee on Health Policy Oversight)

4. State Elected Official’s Compensation.  Study the current elected officials compensation including legislators and statewide officers.  Review compensation in other states.  Study if the current  compensation should be amended to provide adequate compensation.

5. Efficiencies in the Business Operations of the Regent’s Universities.  Study potential efficiencies in the business operations of the State’s universities.  Monitor the status of the pilot project involving purchasing procedures of the University of Kansas and Fort Hays State University.  The three-year pilot project was created by 2006 Legislature. 

6. Reimbursement for Mental Health Services.  Review the current state policies and practices for the reimbursement for mental health services.  Study if the current reimbursement adequately compensates existing providers of mental health services.  

7. Duties and Responsibilities of Pharmacy Benefit Managers.  Study duties and responsibilities of pharmacy benefit mangers as provided in 2006 legislation which created the Pharmacy Benefit Manager Registration Act.  Review 2007 SB 272 which would provide for further oversight of pharmacy benefit managers.

8. Public Employees.  Review the number of salaried public employees in Kansas at all levels of government and compare this number to comparable figures in other states.

Joint Committee:  Kansas Security                                            

1. State Defense Force - Study 2007 SB 328 which would create a Kansas State Defense Force.  Review the powers, duties and functions of the proposed State Defense Force.  Study if other states have created a similar force.

Joint Committee:  Pensions, Investments, and Benefits

1. Allow Local Units of Government to Elect Coverage under KPERS Similar to the State Correctional Officer Group.  Study allowing local units of government the option of electing coverage under KPERS that would be similar to state correctional officer group.  The state correctional officer group provides some limited enhanced benefits regarding earlier retirement benefits when compared to regular KPERS benefits.

2. Expansion of Employee Groups into the Kansas Police and Fire Retirement System.  Study the possibility of adding selected state agency employee groups who perform public safety duties (fire and law enforcement) into the Kansas Police and Fire Retirement System from regular KPERS.  Also, review the Social Security coverage for certain groups in the Kansas Police and Fire Retirement System and any potential implications for other groups. 

Joint Committee:  Legislative Educational Planning Committee (LEPC)

1. Services to Deaf Children Ages 0 to 3 - Sound Start Program.  Study the proposed Sound Start Program for deaf children ages 0 to 3.  Sound Start is a proposed collaborative program between the Kansas State School for the Deaf and the Kansas Department of Health and Environment that would provide services to deaf children ages 0 to 3 and their parents through regional consultations with the local Health and Environment Infant and Toddler Services (Tiny-K) networks.  Study the need for the coordinated program to serve infants and toddlers with hearing loss, review if any duplication of services would exist if the Sound Start Program was implemented, and which state agency should be the lead agency if the Sound Start Program is implemented. 

2. Obesity in Children.  Study ways to address the current and future problems of obesity in children.  Assess the applicability and viability of programs to address the issue of obesity in children. 

3. Teacher Recruitment and Retention.  Study the teacher recruitment and retention issues facing Kansas school districts.  Review the recent Legislative Post Audit report – Reviewing Issues Related to Developing and Retaining Teachers and School Principals.  Examine options to address the projected number of teacher vacancies in the near future.

4. Issues Related to Virtual Schools.  Study issues related to the state regulation and oversight of virtual schools. Review the recent (April, 2007) Legislative Post Audit report, K-12 Education: Reviewing Issues Related to Virtual Schools.  Study if the state should control the growth of virtual schools by limiting the number of virtual schools that may receive state funding.  Review if the current state funding adequately or overcompensates school districts for virtual education.  Examine if the current oversight  of virtual schools sufficiently ensures their quality and accountability.  Review whether the current requirements for school attendance are applicable to virtual students. 

5. Dyslexia and Related Learning Disorders. Study dyslexia and related learning disorders.  Examine the need for procedures related to dyslexia and guidelines for school districts, charter schools, campuses, teachers, and parents or guardians in the identification and instruction of students with dyslexia.