LEGISLATIVE NEWSLETTER
THE LEGISLATIVE SESSION: FIRST PART IS COMPLETE!
March 7, 2007
The Kansas legislature has just completed the first part of the time it will spend in 2007 changing state law.. This time is known as “turn-around”, meaning that those bills that have not been in exempt committees have a time when they must go to the other legislative body or they will not be dealt with until next year. In other words, the House bills will go to the Senate for consideration and the Senate bills will come to the House for consideration.
Most of the bills considered thus far in the House have been non-controversial and have generated little concern. Therefore, most have passed easily; however there have been a few which have generated a lot of attention. Several of those which have been generating concern include several which will most likely be the bills worked when the legislature begins the second part of the session.
RENEWAL OF LICENSES WHEN TURNING 21
The House passed Substitute for HB2042 which provides a 45 day grace period for the renewal of a drivers licenses when turning 21. Last year a bill was passed which required licenses issued to drivers under the age of 21 to expire on their 21st birthday. This was problematic for students attending school in another state. They couldn’t renew their license before they left for school and had to return home or at least return to someplace in Kansas on their 21st birthday in order to continue to be licensed to drive. While this bill may not totally remove the angst with the law as it was being interpreted, but it will go a long ways in adjusting the law for these students
CHILD SUPPORT
Issues surrounding child support and ‘deadbeat’ parents continue to be a focus of several calls I receive as do other legislators. HB 2143 requires judicial districts which have Court Trustees to compile a list of those parents who owe back child support under a support order or under a IV-D support order. The list is to be sent to SRS on a quarterly basis. The Department of Wildlife and Parks would be unable to issue a license, permit or tag to anyone on the list. The intent of this bill is to increase recovery of back child support.
EARLY GRADUATION BONUS FOR HIGH SCHOOL GRADUATES WHO WHO ARE TRAINING TO WORK IN THE CONSTRUCTION INDUSTRY
HB 2343 directs the Kansas Board of Education to establish an Early High School Graduation Incentive Program. Any student who graduates in such a program would be required to complete all of their required high school credits in three years. Students in high school who graduate at least one year earlier than the usual time would be eligible for a $1,000 bonus which must be used for the purchase of tools required for the construction trade in which they intend to be trained.
Those students who would be attending a community college, vocational school or vocational college would also be eligible to receive a one-time $3,000 scholarship to cover tuition, books, fees, and other costs related to their training in one of the previously mentioned types of post-secondary institutions. The bill had originally also provided a scholarship for those who participate in a union-sponsored training program, however; during testimony the Education Committee learned that those programs do not charge for the training. Since the student would not need to pay for training received in such a case, the committee chose to not provide unneeded scholarship money to those who receive union training vs training in a post-secondary institution.
The construction industry includes such trades as carpenters, bricklayers, plumbers, electricians, heavy equipment operators, etc. There is an ever-growing need for individuals who have been trained in the construction industry and this is an effort to help address the manpower shortage being experienced by this industry.
'GENERAL HOSPITAL' DEFINED
The bill defines what a general hospital is. The definition leaves specialty hospitals, including surgical centers, out of the definition and requires such hospitals who are licensed as general hospitals to change their designation.
A number of emails were received by the Salina delegation which suggested that such a move would be hurtful to the Salina hospital. Those emails mentioned loss of Medicaid funding and the potential of loss of choice regarding the location the patient wanted a procedure done. All three of the Salina representatives voted NO, however; the bill passed and is on its way to the Senate for consideration by its membership
LOCK BOX
SB 30 established a ‘lock’ box which sets aside and protects the dollars necessary to provide the remaining two years of additional funding promised to schools. The bill also addressed the repayment of existing Crumbling Classroom bonds by also providing a type of lock box from which would be taken the regular payments for the remaining principal ($66.7 million) and interest ($8.3 million). [The bonds are non-callable so they must be repaid as was provided for in the contract.]
In addition, SB 30 established another lock box for funds in the amount of $80 million to be transferred from the General Fund to a new fund to be named the State Debt Reduction Fund. The fund would be a reserve fund that would be used to make payments for the pension obligation bonds of the Kansas Public Employees Retirement System.
TECHNICAL COLLEGE AND TECHNICAL SCHOOL COMMISSION
HB 2014 places in statute the Kansas Technical College and Technical School Commission which was established by proviso last year. There are seven voting members and one ex-officio member. The bill specifies the appointing authorities. They are studying the governance, funding and mission of the Kansas Technical Colleges and Schools. The legislative staff members will staff the commission and commissioners will be compensated according to statute. A preliminary report will be made by November 15, 2007 and the final report regarding findings and possible legislative changes will be made by November 15, 2008. The commission will sunset on December 31, 2008.
POST AUDIT QUESTIONS SPENDING OF TAX DOLLARS BY STATE AGENCY
The Joint Legislative Post Audit Committee received a report in regard to the Kansas Department of Wildlife and Parks’ (KDWP) lease and potential purchase of the building housing the KDWP Northeast Regional Office located on the former Menninger Foundation campus. The report found that while KDWP followed most of the state’s requirement when it leased space on the former Menninger campus, the agency had substantially exceeded state space guidelines by more than 3 times. [The state standard is 210 - 250 square feet per employee and the office provides 980 square feet for each of its 10 employees.] The audit also found that KDWP had received two other lease offers closer to its advertised need (4,000 square feet) but chose the campus office because the adjacent land was promised as a state park.
The lease provisions don’t address recapturing any of the $113,000 spent to remodel the building and the provisions do not specify an eventual purchase price even though KDWP intends to buy the building and was advised by the Department of Administration to set a lease-purchase price within the lease. In addition, the audit pointed out that the a recent appraisal of the building and property is at $700,000 which is nearly triple the 2004 appraised value of $275,000 when KDWP signed its lease.
The audit also revealed that 48 hours after River Ridge Estates, LLC bought the property, KDWP signed the lease. There is additional concern that because the group, River Ridge Estates, LLC, includes the husband of one of the governor’s employees; a gubernatorial appointee; and several others who contributed to the governor’s campaigns. Since KDWP is an agency which is a part of the Governor’s administration, there is concern that these individuals were given special consideration because of their connection with the governor.
The Legislative Division of Post Audit recommended that KDWP determine if another agency could sublease a portion of the unused space to ensure the lease is more cost-effective. It also recommended that the Department of Administration’s Division of Facilities Management adopt procedural changes that would make the terms of future lease-purchase agreements more specific.
KANSAS UNDERAGE ALCOHOL TIP LINE
A program of the Bureau of Traffic Safety in the Kansas Department of Transportation allows individual to anonymously contact the closest police agency regarding either underage drinking parties or patterns of underage sales or purchases.
It is illegal for persons under the age of 21 to purchase, possess or drink alcohol (unless it is cereal malt beverage provided to children by their parents and under direct parent supervision). It is also illegal for persons to sell alcohol to minors, purchase alcohol for them, or to host drinking minors on property whether it be owned or leased by the host.
The tip line number is Kansas 1-866-MUST-B-21.
KANSAS CONFORMS TO IRS FILING DEADLINE
The Internal Revenue Service (IRS) has extended the 2006 income tax filing deadline to Tuesday, April 17, 2007 giving taxpayers an extra two days to file their 2006 federal tax returns and pay taxes owed. The Kansas Department of Revenue will also extend the date for filing income tax returns to match the federal due date.
The two day extension is because April 15, the usual tax day, falls on a Sunday this year and April 16 is Emancipation Day, a legal holiday in the District of Columbia. Emancipation Day is not a legal holiday in the State of Kansas, therefore the Kansas Department of Revenue offices will be open on April 16, 2007 in order to assist last minute tax filers.
Just a bit of additional information: In 2008 taxpayers will face the usual April 15 deadline.
ADVANCE VOTING SATELLITE LOCATIONS
HB 2019 allows election officers in all counties, not just our largest three counties to have advanced satellite voting locations, if they choose. There is no mandate, this bill allows the counties to implement such availability for their citizenry, if they desire to do so. Saline County Clerk, Don Merriman, has indicated that he is interested in putting an advanced satellite voting location at the mall so individuals would be more likely to vote because of the convenience.
WILDLIFE AND PARKS COMMISSION MEMBERSHIP
The Wildlife and Parks Commission makes decisions regarding hunting and fishing licenses and other decisions regarding the procedures and policies of the agency. HB 2002 clarifies that one member of the commission will be chosen from each fish and wildlife administration region as established by the Department of Wildlife and Parks. Current law would have allowed all members to come from one of the administration regions. This was not the intent of the legislature so it needed to be fixed.
WATER STUDY DENIED
HB 2070 would have required an interim study of water usage and the regulations of the use of water. The original bill required that Intensive Groundwater Use Control Areas (IGUCAs) be limited to a five year existence from the date of its entry into the records of the chief engineer of the Division of Water Resources. The bill as amended by the reporting committee required a study which includes, but is not limited to IGUCAs, the Water Appropriations Act, the conflict between the laws and the need for controls over future creation or expansion of IGUCA’s.
It is my position that the state needs to do a comprehensive study of water, which includes not only the above mentioned water policy, but all water policies which are in place throughout the entire state. Such a study, in my opinion, should include the usage of water; the policy of the state which allows the state to own water then sell it to communities, irrigators, etc.; the involvement of the federal government; and other pertinent issues surrounding water.
The moratorium on new IGUCAs is the sticking point...there was information shared with the news media, etc. that it was designed to lift the IGUCA controls that exist today. The bill would not have affected existing IGUCAs; it simply placed an 18 month hold on implementing any new IGUCAs so no new IGUCAs could be established while the study was underway. Actually, according to the Secretary of the Department of Agriculture of which the Division of Water Resources is a part, it takes 2 - 3 years to implement an IGUCA. The bill would not have stopped the consideration of new IGUCAs, just the implementation. [It is rather common for the legislature to require that no new entities be established during a study because it doesn’t make sense to allow more of an entity that may need to be adjusted.] If this bill would have advanced to the Senate, the Senate would have most likely removed at least a portion of the number of months of the moratorium on IGUCAs required in HB 2070 and we would have the proposed study which in my opinion was the most important idea that needed to be advanced, with or without the moratorium.
Unfortunately, this bill became the victim of politics rather than a vote about policy. The questions everyone should be asking are ... Why are some Kansans afraid to allow a study of water policy to take place? Are they frightened that a public forum might reveal information and concerns which they prefer not to hear? Are they afraid the belief they have developed about water and water policy might be challenged and they might not be as correct about the issue as they believed? Or is it because certain legislators weren’t on the committee that considered the bill so they wouldn’t be able to receive as much credit for the passage of the bill? There are conflicting pieces of information being provided by experts and even self-proclaimed experts. A study would, I believe, ultimately provide the correct answers and would propose any needed changes in state law regarding water policy which will protect the interests of all Kansans today and in the future. Water is too important for the well-being of all Kansans to allow politics to intervene or to prevent a comprehensive and common sense study of the policies that surround its usage.
ADJUSTMENTS IN TAX POLICY FOR BUSINESS
Proposed, but not yet passed, is a cut in the 3.35 % surcharge added to the 4 % corporate income tax which is currently being collected. The governor proposed lowering the amount of corporate income tax collected. The proposal would be reduce the surtax to 2.75% over a period of three years. The top rate collected from corporations would then be 6.75% instead of the 7.35% currently being collected. It is believed that more businesses will expand to and/or will stay in Kansas with the lower rate. [Two of our surrounding states have lower rates: Missouri = 5.15% and Oklahoma = 6%.]
The House voted to remove the franchise tax on businesses over a period of three years. The franchise tax is nothing more than a fee for the privilege of doing business in Kansas and its removal is intended to encourage a number of businesses to locate in Kansas and to help retain businesses we already have in the state. It will be particularly helpful to farmers and ranchers.
Also, the House voted to reduce the percentage that employers pay in unemployment tax. The fund has too much money in it and this is a way to return the unneeded portion of the money to those who paid into the fund. The bill, SB 83, also allowed employees to apply for unemployment a week earlier than current law allows. Such a move would allow employees to receive the benefit earlier and perhaps would encourage them to be out looking for a new job more quickly than current practice. When the current waiting period was implemented, paper and pencil was the mode of communication and the longer waiting time was a necessity. Today, with the computerized format, the processing is much quicker.
The number of weeks an individual could collect unemployment insurance would not lengthen. It would just move up a week, thus allowing an unemployed individual to begin to receive the benefit.
SCRAP METAL DEALERS AND CURTAILING SCRAP METAL THEFT
HB 2035 requires scrap metal dealers to acquire from the anyone selling scrap metal, their name and address of their residence or place of business; and the dealer must keep a record of the following: the name and address of the seller; the description of the item made in accordance with the commodity code standard of the trade items purchased the price paid for the item(s); and a copy of the sellers’s photo driver’s license or other governmental ID card.
The interest in this bill was generated because of the large number of thefts which have occurred in recent months. Hopefully this bill will help stop this type of theft which was resulting in several buildings (both business and residential) being totally stripped of anything that was metal...wiring, pipes, etc.
ENGLISH AS THE OFFICIAL LANGUAGE
HB 2140 was heavily amended with compromise language including provisions which would provide non-English speakers with the opportunity to learn English and provides funds for that purpose; clarifies that the Act is not to be used to diminish the ability to speak another language or to have an interpreter if needed. It also specifies that state agencies and local governments can print official state documents in a language other than English. In addition it specifies that English be the common language although the title still includes the terminology, “official language”. Since the bill now references a common language instead of an official language, the title ought to reflect that change.
ROBO CALLS
HB 2197 referenced telephone advertising that advocate for the election or defeat of a candidate. The bill would require that all such calls clearly identify who is making the call and who is paying for or sponsoring the telephonic advertisement. Violating the statute would result in a Class C misdemeanor.
IN-STATE TUITION FOR CERTAIN FORMER KANSANS
HB 2185 allows former residents to return to Kansas to attend a public post-secondary institution and pay resident tuition and fees if they return within five years. It recognizes the fact that the individual and /or parents/guardians have or currently pay taxes in the state. The bill was amended to offer this opportunity during the following years: 2007-2008; 2008 - 2009 and 2009 - 2010. The Regents can then track students and have an idea of the cost of the bill. (Most likely such students just wouldn’t have come back to the state, but would have attended in the state in which they reside, so the schools would have not receive the additional dollars from the tuition and fees.) Graduates of post-secondary institutions often find positions within the state so this bill could result in an increase in population, encouraging our youth who have left the state to return!
KANSAS NATIONAL GUARD TUITION
A bill, HB 2425, would grant resident status to all members of the Kansas National Guard (Army or Air) who are not domiciled in Kansas. This will aid them in accessing in-state tuition and fees at state universities. Current law grants those members who are called to active duty in-state tuition and fees...the intent of the law was to extend to all members of the guard in-state tuition and fees regardless of their residency. This bill clarifies that ALL members of the Kansas National Guard are to be included regardless of whether they have been called to active duty or not.
KANSAS TAXPAYER TRANSPARENCY ACT
Substitute for HB 2457 requires the Secretary of Administration to develop and operate a website that will allow access to a user-friendly, searchable database for Kansans to search Kansas government’s receipts and expenditures. It prohibits individually identifiable information from becoming public. (This refers to income tax payments, refunds, exemptions, etc.) It also establishes a board of legislators, administration officials, and the public to ensure that the system is easily accessed and the data is of quality. The goal of this bill is to make government more transparent.
BULLYING
HB 2310 defines bullying and requires that a policy be developed to prohibit bullying of students and staff on school property, in a school vehicle, or at a school-sponsored activity or event. The district also is to adopt and implement a strategic plan to address bullying. The plan of implementation is also to provide for the training and education for staff members and students. Testimony in committee revealed that students were often not attending school because of the bullying that takes place in schools. It is intended that the bill would assist in a reduction of bullying incidences in schools.
Character education was amended into the bill on the floor. Many of the attributes that are a part of character education are components that could be used in the education of students about bullying and give an alternatives to bullying.
UNLAWFUL SEXUAL RELATIONS AND MISTREATMENT OF DEPENDENT ADULTS BY VOLUNTEERS AND TEACHERS
HB 2191 modifies the definition of unlawful sexual relations in three separate incidences: 1) The bill expands the definition of persons prohibited from engaging in consensual sexual relations with inmates and post-release supervision offenders to include volunteers of the department and its contractors. 2) The bill also expands the crime of unlawful sexual relations to include all situations where the offender is a teacher in a K-12 institution and the victim is a student. (Current law only recognizes such cases when the student is 17 years old or younger.) This change recognizes the particular vulnerability of special needs students who may be students in a K-12 setting until the age of 21. It also addresses a specific incident in a Kansas community where parents felt their daughter who they had sheltered was under undue influence from a male teacher who took advantage of her innocence.
The bill clarifies that this crime does not apply where the underlying crime would constitute the more serious crimes of rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy or aggravated incest. 3) The bill also makes financial mistreatment of a dependent adult in an amount of more than $100,000 a level 6 person felony. Mistreatment is defined as “taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person.
PROPOSED FIX FOR THE HEALTH CARE ISSUE
A thirteen member task force was appointed by the Speaker of the House with the goal of studying the health care crisis and finding ways to make Kansas healthier by assisting individuals as they take care of their own health. The current Health Care System is broken and the task force is charged with developing massive reform this year. The task force has been holding hearings to uncover ways to immediately address the problems facing Medicaid, commercial insurance, and the uninsured. They have named the plan, KanCare.
The task force has endeavored to find ways to make commercial insurance more affordable by allowing Kansans to pay for health care with pre-tax dollars and encouraging more insurance companies to come to Kansas so costs are reduced through competition. In addition the plan moves Medicaid and uninsured patients and connects them to private insurance. Medicaid would be restructured into a new MediKan program. The program would offer patients more benefit plans, some would be targeted for children, seniors, patients with diabetes, etc. The MediKan program would give participants a Health Opportunity Account with the funds to go toward visit co-pays, eyeglasses and weight-loss programs, to mention a few areas that will be included. “Charity care” would be strengthened under this plan. The intent under this part of the plan would be to first reduce the number of uninsured so the burden on hospitals, emergency rooms and clinics to provide care for those without insurance would be reduced. Incentives would be established for providing charity care. The plan also would ultimately delegate the decisions regarding state health care reforms to the Kansas Health Policy Authority. The goal of such changes is to promote access to quality care for all Kansans.
STATE EMPLOYEE PAY PLAN IS BEING STUDIED
The Speaker of the House has formed a Select Committee on the State Employee Pay Plan. There are many concerned about the pay plan and the fact that it is off target with regard to the amount paid in the private or even the local public sector. As a result the state trains individuals which are subsequently lost to a private concern or to the local public community jobs. Not only is it difficult to retain qualified and well-trained individuals, but it is difficult to attract qualified applicants as well. The legislative panel has been reviewing the pay plan as it currently exists and have met with a consultant who was hired to conduct a comprehensive market study review of the state pay plan. The members of the committee are working to develop a recommendation for employee pay for next year and will then meet during the interim to consider modernizing the pay plan. Since it has been 20 years since a comprehensive study of the pay plan was done, it is high time that the pay plan of state employees received a close look and if major reconfiguration of the plan is needed, then it can be developed and be ready for the consideration by the entire body next year.
ALEXA’S LAW IS PASSED
This law allows anyone who has killed a pregnant woman and her unborn child the possibility of being charged with two murders. The bill explicitly exempts any act of the mother or medical procedure from this law. Alexa’s law is intended to provide justice for those whose lives were taken through a criminal act. The only concern that I had is that the way the bill is written I can foresee many autopsies being performed to determine if a woman is pregnant. It seems to me that the law should apply to those known pregnancies instead of looking for pregnancies.
STATE TAX ON SOCIAL SECURITY BENEFIT
HB 2264 is designed to exempt Federal Social Security payments from Kansas Income Tax. In 2004 approximately 115,000 Kansas taxpayers had some portion of their Social Security taxed. The average tax cut is estimated to be $164.00. A large majority of the states in the nation do not charge income tax, so we are somewhat behind and need to do some catching up on life.
DISPARITY DOLLARS FOR DEFERRED MAINTENANCE
A proposal was made by House Majority Leader Merrick to reduce the disparity between Kansas’ largest universities tuition in relation to tuition paid at their peer institutions. Information gleaned from the Board of Regents and the Chronicle of Higher Education indicate that non-resident students attending the Kansas Regent schools pay an average of $3000 less per year that they would at peer institutions.
KU and K-State students are paying between 11 - 15% more in tuition than students at peer institutions. In addition, non-resident students are paying an average of 20% less to come to Kansas schools than Kansas students pay when they go elsewhere. The policy essentially charges Kansas students more than other states charge their residents for higher education, while providing a $3000 discount for students from outside of Kansas.
Raising non-resident tuition rates to the national average would produce a $33.5 million dollar a year revenue stream. This adjustment would provide annual revenue for deferred maintenance expenses and protect Kansas students from tuition increases proposed under that pretext.
The Kansas Board of Regents estimates the current backlog of deferred maintenance expenses between $500 - $700 million dollars. The House Appropriations Committee and the House Leadership are working to ensure that the disparity dollars are addressed in our comprehensive package for deferred maintenance.
BIOSCIENCE
A few weeks ago, Senator Roberts addressed a joint session of House and Senate members of the Kansas Legislature. His topic was the state’s efforts to bring the National Bio and Agro-Defense Facility (NBAF) to Kansas. The NBAF would replace the aging Plum Island facility, the federal government’s most secure location for animal disease research. Sites in Leavenworth and Manhattan are among 18 sites in 14 states which have advanced to the next phase of the competitive process. Roberts spoke of the competitiveness of those who are vying for the facility. He went on to remind us that Kansas is well-positioned and fits the criteria set up by the Department of Homeland Security. Roberts pointed out that at Kansas State University, there is world-renowned expertise in the animal health arena and also numerous animal health companies are located in the Kansas City area.
The Kansas Legislature was asked by Roberts to give its support to the efforts being made to convince the decision makers in Washington that locating this new facility in America’s heartland is a natural fit. The Legislature committed finances to the project and unanimously voted to support the efforts to host the National Bio and Agro-Defense Facility. The bills which provide support for the effort to bring the National Bio and Agro-Defense Facility to Kansas are as follows:
HB 2303 - Creates the Kansas NBAF Interagency Working Group.
SB 0252 - Conveys land from Kansas State University for the National Bio and Agro-Defense Facility to the Department of Homeland Security.
HB 5009 - Concurrent Resolution which pledges full support of the Kansas Legislature to do whatever is necessary for Kansas to be selected as the site for the NBAF.
In conjunction with this effort, I was invited, as were a number of other legislators, to tour bioscience sites in the state. In Manhattan, we toured NanoScale Corporation, a subsidiary of K-State’s Research Department. We had a working lunch at the Kansas Farm Bureau Building, hearing presentations from the Kansas State University
BioSecurity Facility, ICM, Inc. and Bayer CropScience. On the way to Lawrence, we heard a presentation from Hill’s Pet Products. At Kansas University we toured CritiTech and the Higuchi Bioscience Center in Lawrence. Finally, the group visited InterVet in DeSoto.
The rapid growth of the bioscience industry in Kansas and the state’s recognition as a leader in the field has made a strong case for winning the facility. The bioscience tour gave legislators an excellent opportunity to view the businesses that have been directly affected by incentives the Legislature has passed on their behalf and to get a real feel for how the bioscience industry is giving back to the Kansas economy.
SPECIAL EDUCATION TEACHER SERVICE SCHOLARSHIP PROGRAM
Last year the legislature passed a bill implementing a scholarship program for those teachers who desired to become a special education teacher. There were more individuals who applied to receive a scholarship than were allowed to receive the scholarship. Current law caps the number of recipients at 50 teachers. The 50 teachers who received the scholarships did not use all of the money which was appropriated and we could have had several more teachers receive the funds. In other words, we could have been training more teachers who would be able to relieve the shortages in special ed. To remedy this situation, HB 2093 removed the cap of 50 teachers and instead allows as many teachers to receive a scholarship as the appropriation will allow. The bill also would allow the training to be in any speciality within special education.
PERMANENT MAILING LIST
If you would like to be placed on the permanent mailing list for newsletters please contact Deena in the following ways:
e-mail newsletters: horst@house.state.ks.us
hard-copy 67401
SURVEY
If you live in the 69th District you have a survey enclosed. Please remember to return it...I use your input to guide my decisions when we vote on issues!




