Capitol Comments Articles
House Takes Final Action and Debates Bills – Including Healthcare Worker Protections Legislation

HouseChamber (Feb. 24, 2023) – Late yesterday, the House took final votes and debated House Bill 2023. The legislation creates the crime of interference with the conduct of a hospital, providing criminal penalties for violation thereof and increases the criminal penalties for the battery of a health care provider employed by a hospital.
The bill passed on a vote of 118-4.

Other health-related bills with final action votes before the House include:

House Bill 2034 requires the referral of an alleged victim of child abuse or neglect for an examination as part of an investigation; creates a program in the Kansas Department of Health and Environment to provide training and payment for such examinations.
Passed on a vote of 121-1.

House Bill 2263 authorizes pharmacy technicians to administer certain vaccines.
Passed on a vote 119-3.

House Bill 2264 enacts the No Patient Left Alone Act to allow in-person visitation to certain patients at hospitals, adult care homes and hospice facilities.
Passed on a vote of 103-19.

House Bill 2292 enacts the Kansas Apprenticeship Tax Credit Act to encourage the development of apprenticeship programs in Kansas by providing income tax credits for participating businesses that employ apprentices.
Passed on a vote of 115-7.

House Bill 2338 designates Sickle Cell Disease Awareness Week and requires the Kansas Department of Health and Environment to study and report on topics related to sickle cell disease.
Passed on a vote of 121-0.

House Bill 2408 exempts certain services provided in adult care homes from the provisions of the acts regulating cosmetologists and barbers.
Passed on a vote of 120-1.

House Bill 2325 adds "maternity center" to the definition of "healthcare provider" for purposes of the Healthcare Provider Insurance Availability Act.
Passed on a vote of 121-0.

House Bill 2260 increases the number of medical student loan agreements that may be provided by the University of Kansas School of Medicine and prohibits impediments to switching between residency programs.
Passed on a vote of 120-1.

House Bill 2340 increases the membership of the Kansas Behavioral Sciences Regulatory Board; decreases the years of practice required for reciprocity licensure of certain professions; extends the license period for temporary licenses; establishes new license categories; provides additional continuing education requirements; and requires clinical social work supervisors to be approved by the board.
Passed on a vote of 118-3.

House Bill 2288 enacts the Counseling Compact to provide for interstate practice privileges for professional counselors.
Passed on a vote of 121-0.

House Bill 2375 establishes the temporary candidacy baccalaureate and masters social work licenses and provides requirements and fees therefor.
Passed on a vote of 119-2.

House Bill 2390 establishes the Kansas Overdose Fatality Review Board; excludes tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.
Passed on a vote of 121-0.

Other bills included:

House Bill 2191 authorizes the Children's Cabinet to form a 501(c)(3) for fundraising for the Dolly Parton Imagination Library Book Gifting Program.
Passed on a vote of 122-0.

House Bill 2019 establishes conditions for when a driver is an independent contractor for a transportation network company.
Passed on a vote of 84-38.

House Bill 2020 provides the employment status of a driver of a motor carrier does not change as a result of the inclusion of safety improvements on a vehicle.
Passed on a vote of 122-0.

House Bill 2039 exempts disabled veterans from certain requirements and fees relating to hunting and fishing licenses.
Passed on a vote of 120-2.

House Bill 2047 increases the amortization period on loans from the Kansas Water Pollution Control Revolving Fund.
Passed on a vote of 120-2.

House Bill 2056 requires all advance voting ballots to be returned by 7 p.m. on election day.
Passed on a vote of 77-45.

House Bill 2080 authorizes students enrolled in a virtual school to take virtual state assessments.
Passed on a vote of 87-35.

House Bill 2086 amends statutes concerning election procedures and election officials.
Passed on a vote of 122-0.

House Bill 2087 directs political parties to have procedures for the selection of presidential electors.
Passed on a vote of 122-0.

House Bill 2127 adjusts time requirements linked to notice by publication and mailings in the Kansas Probate Code.
Passed on a vote of 121-1.

House Bill 2130 increases certain dollar amounts in the Kansas Probate Code.
Passed on a vote of 121-1.

House Bill 2131 provides the mission of the Judicial Council is to study the administration of justice in Kansas and make recommendations for improvements therefor.
Passed on a vote of 119-3.

House Bill 2133 allows a surcharge when purchases are made with a credit or debit card.
Passed on a vote of 87-35.

House Bill 2141 requires custodial and non-custodial parents to cooperate with child support enforcement programs and disqualifies such parents for being delinquent in payments.
Passed on a vote of 76-46.

House Bill 2149 allows distinctive license plates to be personalized license plates.
Passed on a vote of 108-14.

House Bill 2172 enacts the Uniform Trust Decanting Act.
Passed on a 122-0 vote.

House Bill 2173 ensures refrigerants that are approved for use under federal law may be used in Kansas. Passed on a vote of 105-17.

House Bill 2197 provides a procedure for the distribution of a first-time home buyer savings account balance upon the death of an account holder, changing the term "transfer on death" to "payable on death" and resolves a conflict when beneficiaries differ on a financial institution's account records and tax forms required by the secretary of revenue.
Passed on a vote of 121-1.

House Bill 2236 establishes parents' right to direct the education, upbringing and moral or religious training of their children, including the right to object to harmful and inappropriate educational materials.
Passed on a vote of 75-47.

House Bill 2238 creates the Fairness in Women's Sports Act requiring female student athletic teams only include members who are biologically female.
Passed on a vote of 82-40.

House Bill 2240 requires the clerk of the District Court to give notice of qualified residential treatment program placement.
Passed on a vote of 122-0.

House Bill 2279 requires groundwater management districts to submit annual written reports to the legislature and to submit water conservation and stabilization plans to the chief engineer.
Passed on a vote of 116-6.

House Bill 2291 provides an exemption from the Kansas Food Code to permit microbreweries to allow dogs on the premises.
Passed on a vote of 108-14.

House Bill 2298 designates a portion of Interstate 435 as the Officer Donald Burton Gamblin Jr Memorial Highway.
Passed on a vote of 122-0.

House Bill 2302 modifies the distribution of money into the Kansas Water Plan Fund; creates the Water Technical Assistance Fund and the Water Projects Grant Fund for water-related infrastructure projects and distributes a portion of the revenue from the Sales and Compensating Use Tax to the Kansas Water Plan Fund.
Passed on a vote of 119-3.

House Bill 2322 revises the definition of "children with disabilities" for the purpose of providing special education to replace emotional disturbance with emotional disability.
Passed on a vote of 120-2.

House Bill 2332 updates references and corresponding changes related to 2021 Executive Reorganization Order No. 48 and the transfer of the Division of Tourism from the Kansas Department of Wildlife and Parks to the Kansas Department of Commerce.
Passed on a vote of 122-0.

House Bill 2378 authorizes the secretary of administration on behalf of the Kansas Department for Aging and Disability Services to convey lands in Shawnee County to the Kansas Commission on Veterans Affairs.
Passed on a vote of 121-1.

House Bill 2114 renames the Joint Committee on Corrections and Juvenile Justice Oversight in honor of Representative J. Russell (Russ) Jennings and requires the committee to monitor the implementation of juvenile justice reforms.
Passed on a vote of 122-0.

House Bill 2335 authorizes loans or grants for qualified track maintenance in the Rail Service Improvement Program and increases the transfer from the Kansas Highway Fund to the Rail Service Improvement Fund.
Passed on a vote of 117-5.

House Bill 2147 requires any individual or agency selling an abandoned or towed vehicle to acquire a certificate of title from the Division of Motor Vehicles before the sale and exempts such vehicles from vehicle registration requirements.
Passed on a vote of 122-0.

House Bill 2346 provides for the Back the Blue license plate.
Passed on a vote of 116-6.

House Bill 2053 authorizes the secretary of state to adopt rules and regulations for the use of remote ballot boxes for the return of advance voting ballots.
Passed of a vote of 109-12.

House Bill 2395 continues in existence certain exceptions to the disclosure of public records under the Open Records Act.
Passed on a vote of 121-0.

House Bill 2293 requires prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas Bureau of Investigation.
Passed on a vote of 117-4.

House Bill 2326 extends the sunset date on the Scrap Metal Theft Reduction Act and clarifies that catalytic converters are covered by the Act.
Passed on a vote of 120-1.

House Bill 2376 prohibits the recording of any restrictive covenant that violates the Kansas Act against Discrimination and authorizes the removal of such covenants from existing documents; prohibits city or county laws prohibiting discrimination that are more restrictive than state law.
Passed on a vote of 121-0.

House Bill 2196 expands the Deferred Retirement Option Program membership to all Kansas Police and Firemen's Retirement System members.
Passed on a vote of 120-1.

House Bill 2198 provides membership affiliation in the Kansas Police and Firemen's Retirement System for certain law enforcement officers and employees of the Kansas Department of Wildlife and Parks.
Passed on a vote of 118-3.

House Bill 2184 abolishes the Judicial Council Fund; transfers all money and liabilities of such fund to the State General Fund; repeals the transfer of funds from docket fees to the Judicial Council Fund; and transfers annually unencumbered funds from the Publications Fee Fund to the State General Fund.
Passed on a vote of 121-0.

House Bill 2323 provides for the detachment and transfer of fire district property annexed by a city.
Passed on a vote of 120-1.

House Bill 2121 extends the suspension of statutory speedy trial time limitations and provides that time during the COVID-19 public health emergency shall not be assessed against the state.
Passed on a vote of 112-9.

House Bill 2350 creates the crimes of human smuggling and aggravated human smuggling and provides penalties therefor.
Passed on a vote of 117-4.

House Bill 2387 provides funding for Sales Tax and Revenue Bond Districts to replace lost food sales tax revenue; authorizes renovation and construction costs for historic theaters as eligible STAR Bond project costs; and extends the deadline for the STAR Bond report to certain legislative committees.
Passed on a vote of 72-49.

House Bill 2398 adds the placing of controlled substances into pills into the definition of manufacture; increases the criminal penalties for manufacturing fentanyl; and creates a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.
Passed on a vote of 121-0.

House Bill 2216 removes the mandatory term of imprisonment as a penalty for driving with a license that is canceled, suspended or revoked for failure to pay fines.
Passed on a vote of 121-0.

House Bill 2226 extends the time period for notice of excavations and permits the use of virtual whitelining for excavations. Passed on a vote of 121-0.

House Bill 2336 increases bonding authority to $10,000,000 under the Surplus Property and Public Airport Authority Act.
Passed on a vote of 91-30.

House Bill 2392 updates the Kansas Code of Military Justice relating to certain definitions, unlawful acts and punishment requirements thereof.
Passed on a vote of 121-0.

House Bill 2138 creates the Career Technical Education Credential and Transition Incentive for Employment Success Act to provide additional state aid to certain school districts for students obtaining career technical education credentials.
Passed on a vote of 121-0.

These bills will now go to the Senate for further review.

The House made a procedural move before adjourning to send the following bills to exempt committees:

House Bill 2400 concerns workforce development; enacts the Kansas Adult Learner Grant Act; establishing a grant program for adult learners to pursue certain fields of study; provides for workforce retention incentive payments tax credits; creates the Kansas Adult Learner Grant Program Fund

House Bill 2105 concerns financial institutions; relates to earned wage access services; enacts the Kansas Earned Wage Access Services Act; establishes the administration of such an act by the office of the Kansas
bank commissioner; provides for registration, bond requirements; duties, prohibited acts, reports, records retention, orders, civil fines, criminal penalties and fees

House Bill 2331 concerns wildlife and parks; relating to state parks; designates Lehigh Portland State Park

House Bill 2083 concerns real property; creates the Kansas Vacant Property Act; prohibits municipalities from imposing certain fees and other requirements on vacant property

House Bill 2144 concerns trusts; authorizes modification of a noncharitable irrevocable trust to provide the rule against perpetuities is inapplicable; provides the Kansas Uniform Statutory Rule against Perpetuities is inapplicable to trusts under certain circumstances; modifies the definition of resident trust in the Kansas Income Tax Act;

House Bill 2275 concerns income taxation; relates to credits; increases the maximum yearly amount of credit available for purchases under the Disability Employment Act from qualified vendors and continues in existence such credits beyond the tax year 2023; defines qualifying vendors and eligible employees

House Bill 2344 concerns economic development; relates to tourism; expands the membership of the Council on Travel and Tourism and updates the house committee assignment required for house members; modifies the Kansas Department of Commerce's matching grant program for the promotion of tourism by reducing the required allocation of funds to public and nonprofit entities and removes the restriction on the percentage of funds granted to a single entity; replaces related references to wildlife, parks and tourism with references to the secretary or the Department of Commerce

House Bill 2361 concerns children in need of care; relating to the courts; limiting when the court is required to give preference to a relative for the custody or adoption of a child in need of care

House Bill 2299 concerns children and minors; relates to children in need of care; directing the secretary for children and families to consider foster parents as prospective adoptive parents under certain circumstances; requires the secretary to report on certain data on adoptions; provides for retroactivity; makes orders granting custody for adoption subject to the federal Indian Child Welfare Act

House Bill 2139 concerns crimes, punishment and criminal procedures; relates to sports officials; creates the crime of abuse of a sports official and providing penalties therefor

House Bill 2388 concerns occupational regulation; relates to occupational licenses; requires that licensing bodies provide verified electronic credentials, in addition to paper-based credentials, to all credential holders, including military servicemembers and others receiving Kansas credentials based on their credentials from other jurisdictions; requires licensing bodies to use centralized electronic credential data management systems capable of providing instantaneous credential verification; mandates that such systems maintain an auditable record; excepts certification of law enforcement officers from such electronic credential requirements and other provisions

House Bill 2030 concerns the Kansas State High School Activities Association; authorizes certain students to participate in activities offered by school districts; allows nonpublic school students who enroll part-time in a public school to participate in nonpublic school activities

House Bill 2140 concerns food assistance; increases the age range of able-bodied adults without dependents to be required to complete an employment and training program to receive food assistance

House Bill 2194 concerns children and minors; relates to the revised Kansas code for care of children; enacts the Representative Gail Finney Memorial Foster Care Bill of Rights; establishes certain rights for children in need of care and foster parents

House Bill 2259 concerns health and health care; relates to mental health; medications; provides certain medications be available without prior authorization to treat Medicaid patients; abolishes the Mental Health Medication Advisory Committee

House Bill 2391 concerns campaign finance; relates to the governmental ethics commission; establishes a two-year five-year statute of limitations for complaints; limits modifying the commission's subpoena powers; allows respondents to have a hearing transferred before a presiding officer under the Kansas Administrative Procedure Act

House Bill 2313 concerns health and healthcare; creates the Born-Alive Infants Protection Act; provides legal protections for infants born alive; requires certain standards of care by health care providers for infants who are born alive; provides criminal penalties and civil liability for violations of the act

House Bill 2247 concerns minors; related to children in the custody of the secretary; prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary

House Bill 2334 concerns economic development; relates to the Attracting Powerful Economic Expansion Act; extends the deadlines for project agreements under the act; enhances incentives for qualified suppliers by providing for up to 10 percent of refundable tax credits for up to 10 years and increases the training reimbursement to up to $500,000 per year for five years; adds an employee relocation reimbursement incentive for qualified suppliers of up to $250,000 per supplier per year; limits the corporate income tax rate reduction to only two rate reductions; permits qualified firms and qualified suppliers to participate in other economic development programs for new projects

House Bill 2168 concerns agriculture; relates to industrial hemp; allows the fiber, grain and seeds thereof to be used as food for livestock, poultry and pets; adds hemp grain to the definition of grain; authorizes the secretary to utilize performance-based sampling when inspecting industrial hemp; lowering license and registration fees; extending license and registration periods to two years; exempts certain hemp processors from fingerprinting and background check requirements

House Bill 2401 concerns employment security law; relates to the definition of "benefit year" and "temporary unemployment"; requires electronic filing of wage reports, contribution returns and payments and interest assessments for employers with 25 or more employees; permits the exercise of discretion in the number of appointments and length of terms with respect to the temporarily expanded employment security board of review members; extends when the mandatory combination of rates and the establishment of a new account due to a business acquisition must occur from the beginning of the following quarter to the beginning of the following year

House Bill 2154 concerns public utilities; relates to the regulation and oversight of public utilities; provides for the statewide election of the commissioners of the state corporation commission; establishes an election schedule for the election of such commissioners; authorizes gubernatorial appointments until commissioners are elected; relates to the attorney general; requires the office of the attorney general to represent and protect the collective interests of utility customers in utility rate-related proceedings before the state corporation commission and in any other judicial or administrative proceeding; establishes the utilities regulation division within the office of the attorney general and providing duties therefor; exempts the state Corporation Commission from the Open Meetings Act

House Bill 2312 concerns elections; relates to the Campaign Finance Act; exempts certain political party committee treasurers from liability for certain violations of the act

House Bill 2225 concerns utilities; relates to electric utilities; includes cost recovery of transmission-related costs for transmission facilities constructed as a result of a directive from the regional transmission organization; excludes cost recovery for transmission facilities constructed as a result of internal or local planning

House Bill 2048 concerns education; relates to the tax credit for the Low-Income Students Scholarship Program; provides for additional student eligibility; increases the tax credit for contributions made pursuant to such program

House Bill 2040 concerns education; relates to the Kansas School Equity and Enhancement Act; authorizes the use of current-year student enrollment to determine state foundation aid;

House Bill 2271 concerns education; relates to the enrollment and attendance of nonresident students in school districts; requires certain information to be posted on a school district's website; authorizes any student whose parent or guardian is employed by a school district to enroll and attend such school district; exempts any such students from a school district's open-seat lottery process; requires consideration of homelessness when determining enrollment status

House Bill 2261 concerns health and health care; enacts the Patient Right to Visitation Act; relates to hospitals, adult care homes and hospice facilities; requires in-person visitation in certain circumstances

House Bill 2218 concerns education; establishes the Sunflower Education Equity Act; provides education savings accounts for students; establishes the Sunflower Education Equity Scholarship Fund

House Bill 2380 concerns seizure and forfeiture of property; relates to property seized by law enforcement; requires a conviction of an offense giving rise to forfeiture under the Kansas Standard Asset Seizure and Forfeiture Act; remits proceeds to the State General Fund; increases the burden of proof required to forfeit property; makes certain property ineligible for forfeiture; provides persons involved in forfeiture proceedings
representation by counsel and the ability to demand a jury trial; allows a person to request a hearing on whether forfeiture is excessive