Committee Reports to the 2015 Kansas Legislature Supplement Kansas Legislative Research Department March 2015 2014 Legislative Coordinating Council Chairperson Representative Ray Merrick, Speaker of the House Vice-chairperson Senator Susan Wagle, President of the Senate Terry Bruce, Senate Majority Leader Anthony Hensley, Senate Minority Leader Jene Vickrey, House Majority Leader Peggy Mast, Speaker Pro Tem Paul Davis, House Minority Leader Kansas Legislative Research Department 300 SW 10th, Room 68-West, Statehouse Topeka, Kansas 66612-1504 Telephone: (785) 296-3181 FAX: (785) 296-3824 [email protected] http://www.kslegislature.org/klrd Supplement Special Committee on Ethics, Elections and Local Government Special Committee on Judiciary Legislative Budget Committee Joint Committee on Pensions, Investments and Benefits Joint Committee on State Building Construction Health Care Stabilization Fund Oversight Committee Telecommunications Study Committee Kansas Legislative Research Department 300 SW 10th, Room 68-West, Statehouse Topeka, Kansas 66612-1504 Telephone: (785) 296-3181 FAX: (785) 296-3824 [email protected] http://www.kslegislature.org/klrd Foreword This publication is the supplement to the Committee Reports to the 2015 Legislature. It contains the reports of the following committees: Special Committee on Ethics, Elections and Local Government; Special Committee on Judiciary; Legislative Budget Committee; Joint Committee on Pensions, Investments and Benefits; Joint Committee on State Building Construction; Health Care Stabilization Fund Oversight Committee; and Telecommunications Study Committee. This publication is available in electronic format at http://kslegresearch.org/KLRD-web/Publications.html. v TABLE OF CONTENTS Special Committee on Ethics, Elections and Local Government Abandoned Properties.....................................................................................................................1-1 Combining Elections.......................................................................................................................1-4 Riley County Consolidated Law Enforcement..............................................................................1-13 Special Committee on Judiciary Foster Parents Bill of Rights Act (2014 SB 394)............................................................................2-1 Responses to Kansas Supreme Court Decisions.............................................................................2-8 Patent Infringement (2014 HB 2663)............................................................................................2-11 Legislative Budget Committee Report..............................................................................................................................................3-1 Joint Committee on Pensions, Investments and Benefits Report..............................................................................................................................................4-1 Joint Committee on State Building Construction Annual Report.................................................................................................................................5-1 Health Care Stabilization Fund Oversight Committee Annual Report.................................................................................................................................6-1 Telecommunications Study Committee Report..............................................................................................................................................7-1 vii Summary of Conclusions and Recommendations Special Committee on Ethics, Elections and Local Government Abandoned Properties. The Committee reviewed the current situation regarding municipalities’ ability and inability to address abandoned properties in the state. The Committee toured two such properties and received a summary of an additional property, selected to illustrate the different issues associated with vacant and abandoned properties. Experts testified, both from the perspectives of the municipalities and from that of property owners. Combining Elections. Currently in Kansas, elections for officials of cities, school districts, and most additional smaller political subdivisions are held in the spring of odd-numbered years. Legislation has been attempted in recent years to move all such spring elections to the fall. The Special Committee studied the issue by examining election timing history and practices in other states, hearing from an elections specialist from the National Conference of State Legislatures; hearing directly from three other states’ experts on the challenges and benefits of combining elections, either completely or partially, in those states; and hearing a presentation by the author of a book on the subject of election timing and its relationship to turnout. Consolidated Law Enforcement. The Committee received information as a follow-up to 2014 SB 436 which related to statutes that authorize counties meeting certain criteria to consolidate their law enforcement agencies and establish an alternative law enforcement authority rather than electing a sheriff. The Committee heard from Riley County and Manhattan City Commission officials, who indicated the current alternative system was working well in Riley County, the only county currently with such a system. A representative of the group that proposed SB 436 agreed with the other conferees and indicated the group has no interest in reintroducing the bill. Special Committee on Judiciary Foster Parents Bill of Rights Act (2014 SB 394) The Committee recommended introduction of a Senate bill containing language proposed by the Kansas Judicial Council based upon the Foster Parents’ Bill of Rights legislation considered in 2014 (Sub. for SB 394). The Committee recommended further consideration of the implementation of a grievance process. The Committee recommended the introduction of two House bills: one addressing the out-of- state criminal history issue raised in State v. Murdock, 299 Kan. 312 (2014), and one addressing the search warrant issue raised in State v. Powell, 299 Kan. 690 (2014). The Committee recommended the introduction of a Senate bill addressing patent infringement claim abuse. The Committee recommended the introduction of a House bill based upon 2014 HB 2711, the “Public Speech Protection Act.” Kansas Legislative Research Department ix 2014 Interim Committee Reports Supplement Legislative Budget Committee The Legislative Budget Committee is statutorily directed to compile fiscal information and to study and make recommendations on the state budget, revenues, and expenditures and on the organization and functions of the state, its departments, subdivisions, and agencies with a view of reducing the cost of sate government and increasing efficiency and economy. After receiving and reviewing information on topics including consensus revenue estimates, tax law changes, gaming revenues, expenditures for human services, education funding, agency budget requests, and the Governor’s allotment plan, the Committee made no conclusions or recommendations. Joint Committee on Pensions, Investments and Benefits The Joint Committee concludes the current break-in-service requirements for persons returning to work after retirement should be reviewed. The post-retirement provisions scheduled to sunset on June 30, 2015, should be addressed. The 2015 Legislature should consider the ability of Kansas Public Employees Retirement System (KPERS) to recapture benefits, if certain conditions are present. The Joint Committee concludes members in the KPERS Correctional groups, along with local law enforcement personnel who meet the training requirements, should be enrolled in Kansas Police and Firemen’s Retirement System. The additional employer contribution funding for those who were in KPERS Correctional should come from the State General Fund. The Joint Committee concludes pension obligation bonding and emerging retirement plan trends in the private sector should be reviewed during the 2015 Legislative Session. Proposed Legislation: None. Joint Committee on State Building Construction The Committee recommended all agencies’ five-year capital improvement plans, leases, and sales of land or facilities reviewed by the Committee. The Committee also recommended supplemental projects for the Department of Corrections and the State Historical Society. The Committee capped the Salina Kansas Highway Patrol Training Academy retaining wall project costs at $631,300 and the Expo facility repair project for the Kansas State Fair at $5.5 million. Health Care Stabilization Fund Oversight Committee The Committee reviewed its statutory oversight role and the necessity for contracting for an independent actuarial review. The Committee continues in its belief that the Committee serves as a vital role as a link among the Health Care Stabilization Fund (HCSF) Board of Governors, the health care providers, and the Legislature and its oversight should be continued. The Committee recognized the additional analysis provided by the HCSF Board of Governors’ actuary to account for the legislative changes enacted in 2014, including new health care providers subject to the HCSF coverage requirements, the change in tail coverage compliance, and changes to the non- Kansas Legislative Research Department x 2014 Interim Committee Reports Supplement economic damages cap specified in tort law; the Committee concluded there is no need to contract for an