Week #11: March 26, 2010

Good Morning:

The newsletter this week is a day early because regular legislative session work has ended for the week. Today and tomorrow conference committees are meeting to iron out details of the bills that have passed in the House and the Senate. As always if you know of someone who would like to be added or if you would like to be deleted from our email list, just let us know. And since my beloved KU Jayhawks are not in the NCAA tournament anymore… “Go Wildcats” against the Xavier Musketeers tonight.

Best, Kelly

IN THIS ISSUE:

$ Next Week Last for Regular Session

$ Expanded Lottery Act

$ Five Counties to be Repaid for Fuel Tax Error

$ Bill Helps Local Businesses by Expanding PEAK Program

$ Senate Approves Journalist Shield Law

$ Little Bluegrass Selected as State Grass

$ Domestic Violence Bill Passes Senate

$ Senate Unanimously Approves Diabetes Resolution

$ See to Learn Program Offers Free Eye Exams to Children

$ Unemployment Insurance Bill Signed into Law

$ Midwest Interstate Passenger Rail Compact Enacted

$ Bills Signed Into Law This Week

$ Useful State Phone Numbers

NEXT WEEK LAST FOR REGULAR FLOOR SESSION

Next Saturday April 3^rd is “drop dead” day for the 2010 legislative session. On this day, any bill that has not passed both House and Senate chambers can no longer be debated, although certain bills such as the budget, are exempt from this deadline.

To prepare for “drop dead” day, legislators have been working on the floor and in conference committees to push through important legislation. After a short break, legislators will return for the wrap up session in early May. At this time, the Omnibus Reconciliation budget bill, some conference reports and any vetoes by the Governor will be considered.

This summer, the Legislative Coordinated Council will meet to form Senate Interim Committees. Unlike standing committees (which can have a broad focus), interim committees review highly specific topics. Primarily, interim committees explore issues from 2010 that need in-depth review, additional hearings or further study. Topics for interims change each year depending on recommendations from standing committees, individual legislators or other organizations. These committees will meet from mid-summer until December, but because of legislative budget cuts, there will be very few interim committees scheduled this year.

I will keep you posted on interim committee topics, appointments and information as it becomes available. As with standing committees, you are welcome to testify before an interim committee on any issue important to you.

I am honored to serve as your Senator and am humbled by the support I receive from my community. I want to thank the people of the 5th District for allowing me this opportunity. My office is located in room 124-E. Please feel free to visit, or to contact me at (785) 296-7357, if you should have any questions. Complete daily calendars are available for you to follow at www.kslegislature.org along with live broadcasts of Senate and House proceedings.

EXPANDED LOTTERY ACT

Senate Substitute for House Bill 2180 (formerly SB 401), which amends the Kansas Expanded Lottery Act was passed out of the Senate Federal & State Affairs Committee on Wednesday and placed on the Senate’s General Orders. The bill changes the distribution of electronic gaming machine income from a racetrack gaming facility by increasing the amount of income to be received by the racetrack gaming facility manager. The bill also lowers the minimum investment required for a gaming facility or destination casino in the southeast gaming zone from $225 million to $100 million and lowers the privilege fee for the southeast gaming zone from $25 million to $11 million.

The original SB 401 included language that would allow Sedgwick County to hold another special election to allow slot machines at racetracks, but this language was removed in Sen. Sub. for HB 2180. Senate leadership has stated that floor work on this bill probably won’t happen until after the April break.

FIVE COUNTIES TO BE REPAID FOR FUEL TAX ERROR

More than $11 million dollars will be repaid to five Kansas counties that were shorted revenue generated from fuel taxes due to an accounting error. On Tuesday, the Senate approved a bill which outlines the reparation process.

Beginning this year, all 100 counties which had been overpaid will see correlating reductions in fuel tax payments until the five underpaid counties – Shawnee, Douglas, Leavenworth, Butler and Barton – are made whole.

The process will take an estimated five years. At the end of this time, all counties will have the correct funding they are entitled to.

The accounting error, which had been made by former State Treasurer Lynn Jenkins office and the Kansas Department of Revenue annually for more than a decade, was discovered in 2008.

I am pleased that the state was quick to respond to this egregious error and to find a fair resolution to an unfair problem.

BILL HELPS LOCAL BUSINESSES BY EXPANDING PEAK PROGRAM

Companies will have greater enticement to locate or expand in Kansas, due to a number of changes the Kansas Legislature made this week to the state’s PEAK program. PEAK – which stands for Promoting Employment Across Kansas – authorizes certain companies to qualify for a diversion of employee withholding taxes.

When the act was created during the 2009 legislative session, it required that a business to relocate to Kansas, even if its facilities had previously existed outside the state. To allow more businesses to participate, the House and Senate introduced a follow-up bill that would permit “expanding business units” to also qualify. A business headquartered in Nebraska, for instance, could qualify for PEAK if it had expanded into Kansas.

Additional language would require that those companies participating in PEAK must pay new employees an average annual wage that meets or is greater than the county’s median wage.

Any money raised by application fees would be diverted to Kansas, Inc., which helps promote new and existing industries such as aviation and agriculture. It also provides workforce training, rural development and education to a number of Kansas industries in an effort to build a strong, diversified state economy.

When this bill left the House of Representatives, it had a price tag of $96 million over the next five years. Faced by the worst economic crisis in generations, the Senate decided to pare the bill way down, drastically reducing the final cost associated with the program.

Because the House and Senate versions of the bill differ, a conference committee will be needed to come to a resolution that can be agreed to by both chambers. While I fully support this bill as an economic development tool, I will be carefully working with the appointed conference committee to make sure that we approve a bill that not only helps local businesses and employees, but a bill that the state can afford.

SENATE APPROVES JOURNALIST SHIELD LAW

The Senate on Tuesday approved a bill – House Bill 2585 – that will better protect journalists from being forced to reveal confidential sources or information in state court. These protections – called a shield law – are intended to provide journalists with an extra level of confidentiality when reporting a story, unless subpoenaed by a state judge.

In 1972, the US Supreme Court ruled that the press did not have a Constitutional right of protection from reveling confidential information in court, although they acknowledged that the government must have a substantial reason to force a journalist to reveal a source against his or her will.

Proponents of shield laws argue that they allow a sense of openness and protection to the reporting process. Opponents, however, argue that shield laws grant journalists privileges not given to other citizens.

I voted in favor of this bill. Shield laws not only help journalists remain independent, but protect confidential sources. Also, it’s important to remember that journalists always have the ability to opt-out of these protections.

LITTLE BLUEGRASS SELECTED AS STATE GRASS

A strain of native grass present in each of Kansas’ 105 counties has been named the state’s official grass by the Kansas House and Senate. House Bill 2649, which was approved by the Senate 38-2 and by the House 83-25, adds schizachyrium scoparium – better known as little blue grass – to the list of state symbols.

To learn more about our state symbols, visit the State Library of Kansas at http://www.kslib.info/symbols.html.

DOMESTIC VIOLENCE BILL PASSES SENATE

The Senate approved a bill this week that will help the justice system better track domestic violence cases.

HB 2517, which was introduced on behalf of Lawrence resident Jana Mackey who was murdered by her ex-boyfriend in 2008, will allow judges beginning on July 1^st, 2011 to determine whether crimes are linked to domestic violence and then tag them accordingly on legal documents connected to any criminal act involving an intimate or domestic relationship. A tag will allow for better tracking or repeat offenders. This is especially important with domestic violence cases, as most offenders repeat their crimes.

The bill will also allow judges to require the offender to participate in and pay for an offender assessment and appropriate treatment, such as therapy.

The Senate Judiciary Committee also amended the bill to state that domestic violence offenders may only enter a diversion agreement twice during any 5-year period.

I voted in favor of this bill which I believe will help sanction domestic violence before it escalates into another violent act.

SENATE UNANIMOUSLY APPROVES DIABETES RESOLUTION

On Tuesday, the Kansas Senate unanimously approved a Resolution declaring March 23^rd as American Diabetes Association Alert Day and formally endorsing a plan developed by the Kansas Diabetes Action Council.

The Kansas Diabetes Action Council, which includes more than 40 Kansas entities, was created to reduce the negative clinical and economic impact on diabetic individuals and on the State of Kansas. According to the Kansas Department of Health and Environment (KDHE), more than 170,000 Kansans are currently living with diabetes. It is estimated that up to 113,000 more adult Kansans have undiagnosed diabetes.

Statistics indicate that diabetes affects 14 percent of adult Kansans ages 55-64 and nearly 20 percent of Kansans 65 years and older. More than 90 percent of those Kansans diagnosed with diabetes each year suffer from Type 2 diabetes, which can be controlled or delayed.

I was pleased to vote in favor of this resolution. Diabetes affects thousands of Kansas residents and their families. Unfortunately, the problem has become more prevalent as obesity increases and our elderly population grows. By designating a statewide Diabetes Alert Day, the legislature can raise awareness of this dangerous disease and promote education and management practices that will help ensure the well-being of all Kansans.

SEE TO LEARN PROGRAM OFFERS FREE EYE EXAMS TO CHILDREN

With March designated as Save Your Vision Month, the Kansas Optometric Association is working to increase the awareness of its SEE TO LEARN Program, which offers free vision assessments to three-year-old children, regardless of their parent’s income, insurance coverage or ability to pay.

SEE TO LEARN is an innovative, three-step preventive health program designed to ensure that kindergarten children entering school can see to learn, and educates parents and teachers about the warning signs of vision problems in all school-age children. To date, participating optometrists have donated more than $2 million in care through this program and have made a positive difference in the lives of thousands of children.

Although vision problems among the very young are generally uncommon, some serious conditions like amblyopia (lazy eye) and strabismus (turned eye), require care before age 5 to avoid permanent loss of vision.

If you need a referral for a vision assessment for your three-year-old or an examination for your kindergarten student, call the Eye Care Council at 1-800-960-EYES.

Some warning signs that your child may have vision problems:

$ Frequent rubbing and blinking of the eyes

$ Short attention span or frequent daydreaming

$ Poor reading ability

$ Avoiding close work

$ Frequent headaches

$ A drop in school or sports performance

$ Covering one eye

$ Tilting the head

$ Squinting one or both eyes

$ Placing head close to a book or desk when reading or writing

$ Difficulty remembering, identifying and reproducing basic geometric forms

$ Poor eye-hand coordination

UNEMPLOYMENT INSURANCE BILL SIGNED INTO LAW

Governor Mark Parkinson this week signed legislation to protect Kansans’ unemployment benefits and ease the financial burden on businesses as the state works its way through the national recession.

“This legislation is critical to Kansans during these difficult economic times. Our Unemployment Trust Fund offers a lifeline to those who are struggling to find work and depend on benefits to provide for their families,” said Parkinson. “With this bill, businesses will receive the necessary relief in providing to the fund, while Kansans needing assistance will be able to maintain their benefits.”

HB 2676 will reduce contribution rates for employers in rate group 1 through 32 to the 2010 original tax rate computation table. Contributing employers in rate groups 33 through 51 remain at their current capped rate of 5.4 percent. In addition, HB 2676 gives employers 90 days past the due date to pay their contribution taxes without being charged interest.

MIDWEST INTERSTATE PASSENGER RAIL COMPACT ENACTED

To plan and prepare for future passenger rail service in Kansas, the Midwest Interstate Passenger Rail Compact was enacted on Wednesday, establishing the passenger rail service program in Kansas.

HB 2552 promotes improvements to passenger rail service and the development of plans for long-range high speed rail service in the Midwest. The legislation also coordinates interaction between Midwestern state elected officials and their designees on rail issues as well as the interests of public and private sector partners.

In conjunction, SB 409 authorizes the Secretary of Transportation to establish and implement a passenger rail service program. The Secretary would be authorized to enter into agreements with Amtrak, other rail operators, local jurisdictions, and other states. She would also be allowed to provide local jurisdictions assistance and encourage economic development as well as loans or grants to passenger rail service providers from a Passenger Rail Service Revolving Fund established by the bill.

SB 409 is also aimed at helping Kansas attract further funding for passenger rail from the federal government. The bill does not propose a revenue mechanism for funding the activities and leaves the initiation of the activities outlined in the bill to the Secretary.

A strong public infrastructure system helps attract businesses and jobs to our state, and a high speed rail service is another piece in furthering our economic recovery. These two bills will set the gears in motion for increased avenues of transportation in Kansas and the entire Midwest.

BILLS SIGNED INTO LAW THIS WEEK

Governor Parkinson signed a number of bills this week, bringing the total number of bills signed during the 2010 legislative session to 33.

Concerning state purchasing laws and regulations

HB 2433 extends a three-year pilot program exempting the University of Kansas and Fort Hays State University from state purchasing laws and regulations, including the Prison Made Goods Act. The bill also broadens the exemption to all Regents universities, the University Press and certain real estate leases. The program was set to sunset on June 30, 2010. HB 2433 also authorizes the Secretary of the Department of Corrections to sell prison-made goods to private residents and businesses of Kansas. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning court procedure, time limitations for filing

HB 2364 will add “days on which the court is not accessible” to the list of days excluded from time limitations for filings and court procedures. Currently, time limitations exclude Saturdays, Sundays, and holidays when the court is not open for business. The bill takes effect upon its publication in the Kansas Register.

Concerning motor vehicle liability coverage

HB 2492 will amend a provision in the Kansas Automobile Injury Reparations Act to require insurance companies to add the make and year of an insured vehicle to the list of information required to be included on insurance identification cards. The bill takes effect upon its publication in the Kansas Statute Book.

Designating the 1st Lieutenant Michael Hugh Breeding memorial bridge

HB 2436 would designate bridge no. 62 located on U.S. Highway 77 in Marshall County as the Michael Hugh Breeding Memorial Bridge. 1st Lieutenant Breeding’s plane was shot down near the Quang Tri Providence in Vietnam on February 12, 1970. His body was never recovered. The bill takes effect upon its publication in the Kansas Statute Book.

Designating SFC David R. Berry/SGT WillSun M. Mock memorial highway

HB 2555 would designate part of K-14 highway, U.S. Highway 160 and K-2 highway as the SFC David R. Berry/SGT WillSun M. Mock memorial highway. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning corporations; relating to indemnification

SB 398 amends the Kansas Corporation Code to state that a right to indemnification or to advancement of expenses arising under the provisions of the certificate of incorporation or a bylaw would not be eliminated or changed after the act or omission of the individual requiring indemnification has occurred. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning business trusts filings with the office of the Secretary of State

SB 438 will eliminate the requirement in current law that a domestic or foreign business trust must file a balance sheet with the Kansas Secretary of State’s office. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning municipal bonds

SB 451 will change municipal bond law to allow municipalities the option of accepting the good faith deposit for a municipal bond in the form of cash. Current law allows the good faith deposit to be made only in the form of a certified or cashier’s check or surety bond. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning contact lenses

SB 489 amends the Patient’s Contact Lens Prescription Release Act by allowing it to regulate the distribution of contact lenses not only through the United States Postal Service, but also through commercial couriers, overnight couriers or other delivery services. The Kansas State Board of Healing Arts testified that the bill would allow the Board to carry out the original legislative intent and purpose of the law. Distributors of contact lenses are required to register with Board of Healing Arts. Currently, the Board registers six distributors in the state. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning rural water districts and annexation

HB 2283 enacts new law that requires a city to give written notice to a rural water district not less than 60 days before the effective date of a proposed annexation of land served by the district into the city. If the city designates a different supplier of for the annexed area, the city would be required to purchase the property, facilities, improvements, and going concern value of the district located in the annexed territory. HB 2283 also outlines the method in which the city and rural water district is to engage in mediation. In addition, the bill outlines the additional factors that must be determined by a rural water districts governing body when determining whether or not lands should be released. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning employment of persons by care services providers

HB 2323 amends current law concerning background checks of job applicants for adult care homes or home health agencies. The bill would add conviction of felony theft to the list of convictions the prohibit individuals from employment by adult care homes and home health agencies. In addition, the bill would allow employers to submit criminal record checks requests for licensed staff and volunteers through the Kansas Department of Health and Environment to the Kansas Bureau of Investigation, but would not require them to do so. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning military installations and adjacent areas

HB 2445 promotes communication and collaboration between military installations and municipalities that are adjacent to military installations. The bill requires each adjacent municipality and commander of a military installation to meet at least once a year. The bill also requires military installations to notify and coordinate with municipalities regarding any development, project, or change that alters or amends a Joint Land Use Study area, Army Compatible Use Buffer, Air Installation Compatible Use Zone, or Environmental Noise Management Plan. Municipalities would be required to notify the applicable commander of any adoption or change to a comprehensive planning document that affects any agree-upon area. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning probate

HB 2456 makes a technical change to probate law, clarifying that it is the “known” estate subject to probate that is of concern. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning optometry, relating to ophthalmic lenses

HB 2584 allows ophthalmic lenses with medication to be dispensed by optometrists over any period of time required. Under current law, optometrists can dispense no more than a 24-hour supply of medication in lenses at a time. The bill takes effect upon its publication in the Kansas Statute Book.

Relating to banks and banking

HB 2609 amends the Kansas Banking Code to allow state-chartered banks to purchase and hold life insurance policies for limited purposes, such as employee compensation, within set limitations. Banks would be allowed to purchase insurance for the same reasons and to the same extent as national banks. The bill codifies authority Kansas banks currently have under a Special Order issued by the Bank Commissioner in 2005. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning registered nurse anesthetists

HB 2619 amends current law regarding the scope of practice allowed for registered nurse anesthetists. Under the direction of a physician or dentist, RNA’s would be allowed to order or administer medication and anesthetic agents necessary to implement anesthesia plans of care. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the Kansas Judicial Review Act

SB 376 changes all references in the statutes from the Act for Judicial Review and Civil Enforcement of Agency Actions to the Kansas Judicial Review Act. This is a technical clean up of SB 87, passed in 2009, that enacted, among other things, the name change. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the Laboratory Fee Fund

SB 396 establishes the Laboratory Equipment Fund within the Department of Agriculture. The fund would be used for the acquisition, maintenance, and replacement of equipment used in the Agriculture Laboratory and Metrology Laboratory. Up to 10 percent of carry-over funds from various Department of Agriculture Fee Funds would be transferred to establish the fund up to $500,000. The bill takes effect upon its publication in the Kansas Statute Book.

Relating to registration of insignias

SB 440 would repeal the statutes regarding the registration of insignias (a symbol or emblem) with the Secretary of State. According to the Secretary of State’s office, the law is seldom used, and an insignia could be filed as a service mark or trade mark under current law. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning county bonded debt limits

SB 463 adds Norton County to the list of counties authorized to have a bonded indebtedness limit of 30 percent of the assessed value of all tangible taxable property. Current law limits indebtedness to three percent, except for Franklin and Wyandotte counties, for which the limit is 30 percent. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning payment of property taxes

SB 464 clarifies the “second half” property tax payment deadline date in three statutes to conform with legislation passed in a previous year. The legislation returns the payment date to May 10 from June 20. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning discount cards, filing requirements

SB 508 requires any healthcare card supplier who sells discount cards in Kansas to file an annual notice with the Secretary of State of intention to sell the discount card and submit the surety bond required by law to the Secretary of State. The legislation also requires suppliers to obtain approval of the surety bond by the Attorney General and file a copy of the bond and proof of renewal with the Secretary of State with the annual notice. The bill takes effect upon its publication in the Kansas Statute Book.

IMPORTANT STATE PHONE NUMBERS

I often receive requests for the following numbers during the legislative session. You can find these as well as many others online at the following Web site: http://da.state.ks.us/phonebook. I hope you will find this information helpful.

Week #10: March 20, 2010

Good Afternoon:

It has been a very long week. The Senate Transportation Committee, of which I am the Ranking Minority member, has had 9 meetings this week, totally about 14 hours. We are moving ever closer to the end of the legislative session and discussions continue concerning the budget, a comprehensive transportation plan and a few other issues. As always, if you know of someone who would like to be added to this email distribution list or if you would like to be taken off of the list, just let us know. Have a safe and happy weekend. Best, Kelly.

IN THIS ISSUE:

$ Next Week Last for Regular Floor Schedule

$ Historic Tax Credits

$ Tax Committee Holds Hearing on “Soda Tax”

$ Bill to Allow Older School Buses to Stay in Operation

$ HB 2472 Revises Homeowners Rights

$ Senate Approves Day Care Licensing Bill

$ Insurance for Autism Treatments Expanded

$ Chris Biggs Named Secretary of State

$ KPERS Fund Ranked 49^th Nationally

$ Open Records Events Planned

$ Useful State Phone Numbers

NEXT WEEK LAST FOR REGULAR FLOOR SCHEDULE

The 2010 Legislative Session is quickly winding down as the Senate will be convening next Monday at 2:30 pm for the last time. After Monday of next week, Senators will attend their final committee meetings and begin working all day on the floor to push through important legislation.

In future weeks, Senators will continue meeting with conference committees in addition to their other legislative duties. Conference Committees differ from Senate and Joint Committees, as they usually include three members from both chambers. These members have been appointed by legislative leaders to iron out any differences between House and Senate versions of bills and to come to a compromise that will hopefully be acceptable to both chambers.

This change in schedule is an important step in preparation for the 2010 legislative session “drop dead” day, scheduled for April 6th. On this day, any bill that has not passed both House and Senate chambers can no longer be debated, although certain bills, such as the budget, are exempt from this deadline.

I am honored to serve as your Senator and am humbled by the support I receive from my community. I want to thank the people of the 5th District for allowing me this opportunity. My office is located in room 124-E. Please feel free to visit, or to contact me at (785) 296-7357, if you should have any questions.

Complete daily calendars are available for you to follow at www.kslegislature.org along with live broadcasts of Senate and House proceedings.

HISTORIC TAX CREDITS

This week the House passed SB 430, which is the Historic Tax Credit fix. The bill removes the hard cap on credits and the 10% "haircut" for fiscal year 2011 and in the future. It puts the historic tax cut back to where it was before the 2009 session. The bill will go to the tax conference committee, which will consist of the chairs of the House and Senate tax committees, the vice chairs of both and the ranking minority member of both. For more information about the program, go to the Kansas Historical Society web site: http://www.kshs.org/resource/statetax.htm

These tax credits provide a key tool for the rehabilitation of historic properties -- both income-producing and non income-producing. The credit has proven to be a very productive economic development tool and it is crucial for several projects in the Leavenworth community, including the former Tire Town project to create the Stove Factory Lofts and the CPAC project that is planned for a 60,000 sq. ft. building to be rehabilitated on the Dwight D. Eisenhower VA Medical Center grounds.

I will continue to track the bill for you and watch its progress.

TAX COMMITTEE HOLDS HEARING ON “SODA TAX”

More than 400 people swarmed the Capitol building on Wednesday to make their voices heard on a new proposal that would levy a tax on sugary drinks such as soda and fruit juices.

Members of the Senate Assessment and Taxation Committee held a hearing on the bill, which would increase the tax on beverages by one cent per teaspoon of sugar – about 10 cents for an average can of soda.

The proposal was introduced as a way to generate revenue for the state during our current financial shortfall. It’s been estimated that the one-cent tax increase could generate up to $90 million annually.

Before this bill ever reaches the Senate floor, it will have to be approved by the Taxation Committee. I do not serve on the Taxation Committee, but I will keep you updated on any further scheduled hearings and the committee’s final decision regarding this bill.

BILL TO ALLOW OLDER SCHOOL BUSES TO STAY IN OPERATION

On Thursday, the Senate debated a bill which would extend the life of hundreds of Kansas school buses by allowing local schools to keep buses that are at least 20-years-old in operation through July 1, 2012.

During a hearing on the bill, several proponents testified that by signing this bill – House Bill 2486 – into law, local districts could save money without endangering the lives of children.

Under current state law, schools must retire and replace buses that have been in operation for 20 years. For districts to keep older buses on the road past 20-years, each bus must annually pass mechanical and Highway Patrol inspections.

The bill does not require school districts to keep a bus past 20 years, just the option to do so.

I support this bill. As long as we keep the safety of our children and school employees first, I believe that extending the life of some buses will allow schools to use money that would have been designated for bus-upgrades to pay for other important things like supplies, paraprofessionals, and student activities.

HB 2472 REVISES HOMEOWNERS RIGHTS

A bill introduced in the Senate on Thursday would help protect homeowners by establishing the Kansas Uniform Common Interest Owners Bill of Rights Act.

The Act establishes uniform rules, rights and duties of Homeowners Associations, so that no member or Board Director may take unfair control of an association’s dues, member eligibility or responsibilities.

This bill was introduced after a number of Association Board Presidents were accused of intimidating members or using member dues for non-intended purposes. I am hopeful that HB 2472 will help remedy these types of situations and will help homeowners understand and protect their rights.

During debate on the Senate floor, Senator Kelly Kultala offered an amendment to add into the bill the provisions of Senate Bill 561, which deals with abandoned housing rehabilitation regulations for nonprofits. After a number of concerns were voiced, however, the amendment was withdrawn.

SENATE APPROVES DAY CARE LICENSING BILL

In an effort to better protect Kansas children, the Senate on Wednesday approved a bill that will compel all day care providers to be licensed and regularly inspected.

Senate Bill 447 – which the Senate formally named “Lexie’s Law” on behalf of a 13-month-old child who died while staying at a day care provider in 2004 – would change current law to state that all Kansas day care facilities must be licensed rather than just “registered”. The state would then have the ability to inspect all licensed facilities and to require that providers submit written self-examinations annually.

Parents will also have access to information on each state-licensed provider via a Web site.

During floor debate, the Senate approved an amendment offered by Senator Oletha Faust-Goudeau to require at least one fire extinguisher be present in all state-licensed day care facilities.

I understand that this issue is very important to a number of parents and day care providers in our community. While I have heard and read a number of perspectives on this issue, the one thing I believe we can all agree on is that the safety and security of Kansas children is of the upmost importance.

As this bill continues to move through the legislative process, I will continue seeking input from local day care providers, community leaders, parents and teachers. It is my goal to have the governor sign a law that will be most beneficial for all involved parties.

INSURANCE FOR AUTISM TREATMENTS EXPANDED

On Thursday, the Senate voted on House Bill 2160, which would mandate that insurance providers “test-track” coverage for autism treatments to children.

Under the plan, insurers would be required to provide autism coverage to anyone younger than 19 who is covered by the state’s insurance plan beginning January 1^st, 2011. Coverage would be capped at $36,000, depending on the client’s age.

I voted in favor of HB 2160. Currently, no health insurance carrier in Kansas consistently covers the diagnosis and appropriate treatment of autism. Unfortunately, many insurance companies designate autism as a diagnostic exclusion, meaning that any services rendered explicitly for the treatment of autism are not covered by the plan, even if those services would be covered if used to treat a different condition.

While some organizations have voiced concern that expanded autism coverage would lead to higher rates, proponents of the bill estimate only a 0.62% increase, or $1.88 per insured person per month.

According to the Kansas Coalition for Autism Legislation, approximately 50% of children with autism who are diagnosed early and who receive appropriate treatment will mainstream in a public school setting without an aide. When access to appropriate treatment is denied, only 2% of affected children will achieve this level of success.

CHRIS BIGGS NAMED SECRETARY OF STATE

Citing his experience, professionalism and dedication, Governor Mark Parkinson on Tuesday named Chris Biggs as Kansas’ Secretary of State.

“Chris has been in public service for more than 20 years, demonstrating an unwavering commitment to our state, our citizens and our future,” Parkinson said. “Chris will bring his forward-looking vision to the Office of Secretary of State while increasing the efficiency and participation in Kansas’ elections.”

Until this appointment, Biggs served as the state’s Securities Commissioner, where he most recently, and successfully, prosecuted the founder of a bankrupt theme park in Wichita which had defrauded investors of millions of dollars.

“Protecting the integrity of our state’s securities has been my mission for the past eight years. I bring that same experience and resolve to protecting the integrity of our state’s business filings and electoral system. I am honored, and truly humbled, to be selected for this new post,” said Secretary Biggs.

Prior to being named Kansas’ Security Commissioner in 2003, Biggs had served as an attorney in public service, including 14 years as Geary County Attorney.

KPERS FUND RANKED 49^th NATIONALLY

Kansas public employees oftentimes work for wages that are lower than the market for similar jobs in the private sector. However, one of the benefits of being a state employee (or local school district employee) is a respectable pension plan. Our Kansas Public Employee Retirement System (KPERS) offers an employee a benefit of 1.75% times the number of years of service times the average of the highest three year’s salary for an employee who reaches retirement age. For example, a state employee who retires after 30 years of service would receive 52.5% (1.75% times 30 years) of his/her salary as a retirement benefit. State employees pay 4% of their salary into the system.

The KPERS fund, like other state retirement funds, was hit hard by the stock market drop two years ago. The market has rebounded, but the KPERS fund is still alarmingly underfunded. The most recent report from the Pew Center on the States (issued in February) found that the Kansas retirement system was only 58.82% funded. This means that we only have 58.82% of the money we need in the system to fund our obligations to current and future state retirees.

This ranking is second worst in the entire United States, with Illinois having a 54.33% funding record. The Government Accountability Office says 80% is the preferred benchmark funding level. The last time Kansas met that mark was in the late 1980’s and early 1990’s. The KPERS actuary told the Kansas Legislature that it needed to increase the employer contribution to keep the fund actuarially sound. The Legislature chose not to heed the recommendation and increased the employer share, although much less than needed. In addition, the state is short by $106.48 per person, in money set aside for post employment health insurance costs for current and future employees.

This is yet another example of a critical service provided by state government that must be provided for in FY 2011. There are currently 268,000 Kansans impacted by KPERS funding. All of these Kansans depend on KPERS to survive and none of them have had a cost of living adjustment since the early 1990s.

It is the Legislature’s responsibility to take care of these retirees. We must reverse the trends of the past two decades and adequately fund our KPERS system so the hard working state employees – past and present – can count on a retirement system which will allow them to retire in dignity.

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OPEN RECORDS EVENTS PLANNED

In honor of Sunshine Week, Attorney General Steve Six will host open government regional training opportunities this June.

The regional trainings will bring together public officials, Kansas citizens, media and more, to better understand the Kansas Open Records Act (KORA) and the Kansas Open Meetings Act (KOMA). The workshops will be held June 22 through July 1 in Salina, Wichita, Olathe, Pittsburg and Topeka. The workshops are available free to the public, although registration is required. Last year, over 400 people participated in the first KORA KOMA regional training workshops.

I encourage you to participate in these important programs, Under Kansas law, citizens have the right to access public records and observe many meetings where decisions are made that affect our state. It is important that Kansans know and understand their rights.

For more information please visit, http://www.ksag.org/page/national-consumer-protection-week-2010.

Week #9: March 13, 2010

Good Afternoon Everyone:

As a member of the Senate Ways & Means Committee this has been a brutal week. We have put together a budget that cuts $86.6 million from state agencies. $42 million of which comes out of the Social & Rehabilitation Services budget, $16.5 million out of the Kansas Health Policy Authority budget and $8.5 million out of the Dept. of Aging, thus disseminating or eliminating programs to our most vulnerable citizens. My hope is that federal dollars will come to Kansas if the federal medicaid matching funds program is extended, bringing an additional $130 million to Kansas, which would help fill some of the aforementioned cuts.

The $86.6 million in cuts approved in committee stills leaves about a $400 million deficit for 2011. I cannot imagine where cuts of this magnitude would come from in the state budget without completely eliminating human services, releasing prisoners from our penal institutions or crippling our education system. I hope I can count on your support as I consider some sort of responsible tax increase.

Best, Kelly

IN THIS ISSUE:

$ Only Three Weeks Left

$ Governor Announces Sixth Round of Cuts

$ Special Education Catastrophic Aid Debated

$ Senate Advances Primary Seat Belt, Texting Ban Bill - Again

$ Bill Strengthens Kelsey Smith Act

$ Senate Proposes Changes to Drivers’ License Renewals

$ Senate Expands Access to State Finances

$ SB 447 to Change Child Care Requirements

$ Need-to-Know Census Information

$ Westar Energy Replaces Transmission Line From Stranger Creek Substation To Thorton Substation

$ New Energy Efficiency Programs for Local Governments

$ Useful State Phone Numbers

ONLY THREE WEEKS LEFT

We were off to a slow start this week. Without any floor votes taking place until Wednesday, the Senate was left to hear a number of Resolutions on Monday afternoon. Luckily, things picked up mid-week and we were able to work on a number of important bills.

With only three weeks left in the 12-week session, I encourage you to contact me with any concerns or questions you have about particular legislation or committee meetings. Complete daily calendars are available for you to follow at www.kslegislature.org along with live broadcasts of Senate and House proceedings.

I am honored to serve as your Senator and am humbled by the support I receive from my community. I want to thank the people of the 5th District for allowing me this opportunity. My office is located in room 124-E. Please feel free to visit, or to contact me at (785) 296-7357, if you should have any questions.

GOVERNOR ANNOUNCES SIXTH ROUND OF CUTS

As I mentioned last week, revenue estimates continue to come in below expectations, further increasing the budget shortfall. February revenues came in $71 million short for the month, for a total $105 million deficit in FY 2010 and the Kansas unemployment rate jumped to 7.1% in January, up from 6.2% in December. Last Friday, Governor Parkinson announced $85 million in additional cuts, transfers and adjustments to the FY 2010 budget. As folks file their taxes this spring, it is hoped that revenues will rebound a bit later in the year. If that is the case, the Governor’s actions and recommendations should prevent a seventh round of cuts in FY 2010.

Several adjustments are directed at the Kansas Department of Transportation, freezing maintenance work on bridges and highways and halting new projects that are not federally funded. I was relieved that Governor Parkinson was true to his promise at the State of the State that no further cuts would be imposed onto safety net services, public safety, or public schools.

Some of his actions will be effective immediately, but approximately $54 million of his plan will require legislative action. If the Legislature chooses not to enact his recommendations, the Legislature will be responsible for finding those funds in other places of the state budget. I appreciate Governor Parkinson doing the heavy lifting with this budget crisis for a sixth time, enabling the Legislature to instead focus on FY 2011.

It is worth noting that the Congressional jobs bill contains $140 million designated specifically for Kansas highways. If the jobs bill becomes law, many of the cuts made to KDOT this round can be restored with federal dollars. After 10 years of work to improve our state’s infrastructure, it would be highly counterproductive to let our roads and bridges fall to disrepair now.

Looking to FY 2011, some legislators continue to insist that Kansas has a spending problem, not a revenue problem. I have a hard time accepting this over-simplified talking point after six rounds of cuts and a growing revenue shortfall. The Legislature is constitutionally required to balance the budget. We can’t make money appear out of nowhere, which is why deep cuts have been necessary. However, state government is also required – and expected – to fulfill certain obligations to the public, which isn’t free.

Revenue enhancements are never easy or popular, but there will be few alternatives if Kansans expect to keep receiving the services that keep their communities safe. It is highly unlikely that the state budget – both for FY 2010 and FY 2011 – will be balanced without a responsible review of both expenditures and revenues.

SPECIAL EDUCATION CATASTROPHIC AID DEBATED

The Senate yesterday approved SB359, a bill that would ensure all Kansas school districts receive equitable funding for special needs students.

The bill raises the requirements for school districts to qualify for catastrophic aid – used to hire full-time teachers and specialized services for students with severe disabilities –so that the threshold is only reached for student requiring extraordinary expenditures.

During floor debate, Senator Tim Owens, who represents parts Overland Park, introduced an amendment that would have grandfathered in some districts for one year, allowing them to receive more than $4.5 million in extra funding this school year.

I voted against this amendment because, if it had passed, the money these districts would be eligible to receive would have been taken from all Kansas schools – including ours. The end result would have been $650 less funding per teacher in our district.

In the Special Session of 2005 and Regular Session of 2006, the legislature spent hundreds of hours working on a three-year school finance plan that adequately and fairly funds all public schools. Funding for special education should be no different. Every special needs student – regardless of their economic background or school district – should have the same opportunity to learn in a school environment that meets their needs.

SENATE ADVANCES PRIMARY SEAT BELT, TEXTING BAN BILL

The Senate on Thursday formally advanced S Sub for HB 2437, a bill that combines two measures already approved by the chamber. If signed into law, the bill would ban texting while driving and would make driving without a seatbelt a primary offense.

Although both measures were sent to the House in mid-February, the primary seatbelt bill has stalled in the House Judiciary Committee. By placing these two provisions in a bill that has already been approved by the House Chamber – often called a “gut and go” – the Senate can approve a bill and send it back across the rotunda for a simple motion to concur. Gut and goes are a common strategy used to ensure that important legislation can be passed before the legislative session ends.

Although a few concerns were raised on the Senate floor regarding potential racial profiling and enforcement, all 40 Senators voted to approve the bill. We will now have to wait and see if the House chooses to concur with the new bill.

BILL STRENGTHENS KELSEY SMITH ACT

On Thursday, I was pleased to endorse legislation that will strengthen the Kelsey Smith Act by requiring cell phone providers to submit emergency contact information – often called “pings” – to law enforcement officers in the case of missing or endangered persons. Under current law, the KBI is required to obtain the information from the carrier, a task which often hinders and slows a search.

If you’ll remember, 18-year-old Kelsey was abducted from a Johnson County Target store in June 2007. Her body was located four days later at a nearby lake. In the days following Kelsey’s disappearance, family and local law enforcement officers pleaded with her cell phone provider to release relevant ping information, but were met with refusals from the company.

Last year, the legislature unanimously voted to enact the Kelsey Smith Act, and today, we have helped make it more powerful. It is my hope that when this new measure is enacted, law enforcement officers will be able to locate missing persons that much faster.

SENATE PROPOSES CHANGES TO DRIVERS’ LICENSE RENEWALS

On Wednesday, the Senate Transportation Committee approved a house bill which would make several changes to the state law regarding renewal of drivers’ licenses.

HB 2482 would allow a spouse or dependent child of an active duty military personnel to renew their expired drivers license without taking an examination. Those men and women on active duty are already allowed to do this under current law. The renewal must be made within six months following army discharge or 90 days after a Kansas residence is established/re-established, whichever is shorter.

When renewing a license, drivers will also no longer be required to take a written examination on highway signs and traffic laws.

The bill also stipulates that the Division of Motor Vehicles would no longer have to mail eyesight exams, a written examination, and the Kansas driver’s manual to Kansans whose licenses are set to expire in the next 30 days.

HB 2482 would also change the way the DMV makes organ donation information available to driver’s, by allowing information to be posted online rather than mailed to a person’s home.

The Director of the DMV supported this bill. During a hearing, she testified that Kansas is the only state that currently requires drivers to be re-tested when renewing a license, and that removing the requirement that materials be mailed to a drivers home would allow the Division to send only a postcard reminding a driver that their license is about to expire.

According to the fiscal note provided to the committee, these changes would save the State of Kansas $20,000 in fiscal year 2010 and $135,000 in fiscal year 2011.

SENATE EXPANDS ACCESS TO STATE FINANCES

In an effort to provide the public with better access to government budget information, the Senate on Wednesday unanimously voted for Senate Bill 559, which will require the Department of Administration to include its annual tax expenditures on the state’s searchable Web site “KanView”.

Proponents of the bill included Kansas Action for Children, the Kansas Press Association, the Kansas Department of Revenue, and the Kansas Department of Administration.

Created in 2007, “KanView” is intended to bring better visibility, openness, and accessibility to state government financial activity for Kansas taxpayers, all free of charge.

The Web site launched in March 2008. Since this time, members of the Public Finance Transparency Board have continued to meet with the public, professional associations and academic groups to explore expansions and improvements to the site, such as the change included in SB 559.

I was happy to vote in favor of this bill. While it is still not possible to gather information on everything or to answer every financial question online, it’s my hope that this site can continue to bring data together in a way that’s convenient and useful to the average Kansas voter. To view the Web site, please visit http://www.kansas.gov/KanView/.

SB 447 TO CHANGE CHILD CARE REQUIREMENTS

A number of parents and childcare providers have contacted me in the last week regarding a bill which was recently approved by the Senate Public Health and Welfare Committee. Senate Bill 447 would make several changes to the licensing and supervision of Kansas’ child care facilities, including the following:

Supervision

$ Child care providers must be in proximity to a child, watching and directing activities; respond immediately to emergencies; and provide direct visual supervision to all children under age five.

$ Providers must keep sleeping children within eyesight or hearing distance, and must check on each child at least once every 15 minutes.

Licensing

$ Child care providers would be ineligible for a renewed license or from working for another child care facility if they violate statutory requirements three or more times, or have contributed to the death or serious harm of a child under their care.

Inspection

$ Inspections would be required every 15 months, instead of the current 12 months.

$ The Secretary of Health and Environment would develop a risk-based system used to determine the frequency of inspections.

$ Those facilities deemed at high risk, or which have received a complaint will be inspected more frequently.

Self-Examination

$ All child care facilities would be required to submit a self-evaluation report annually, based on a checklist provided by the Secretary of Health and Environment.

While I have heard and read a number of perspectives on this issue, the one thing I believe we can all agree on is that the safety and security of Kansas children is of the upmost importance. As this bill is brought to the Senate floor for a full debate, I will continue seeking input from local day care providers, community leaders, parents and teachers. It is my goal to approve legislation that will be most beneficial for all involved parties.

NEED-TO-KNOW CENSUS INFORMATION

In mid-March, households across our community will begin receiving a 2010 Census form. For those of you who are still unsure how and why your information will be gathered and used, I wanted to answer a few common questions:

Why is the Census Important?

When you fill out the census form, you’re not only helping the State of Kansas, you’re making a statement about what resources our community needs going forward. Accurate data reflects changes in our community which are crucial in deciding how more than $400 billion per year will be allocated for local projects like new hospitals and schools, new roads and services like job training centers. Businesses will also use the data to decide where to locate supermarkets, shopping centers, new housing and other facilities.

What kind of information will I be asked to provide?

The 2010 Census questionnaire asks a few simple questions of each person – name, relationship, gender, age and date of birth, race, and whether the respondent owns or rents his or her home. The form will take just a few minutes to complete and return by mail.

Will the information the Census Bureau collects remain confidential?

Yes. Every Census Bureau worker takes an oath for life to protect the confidentiality of census responses. Violation would result in a jail term of up to five years and/or fine of up to $250,000. By law, the Census Bureau cannot share an individual’s answers with anyone, including welfare and immigration agencies.

I strongly encourage you to fill out and return the Census form. Your participation will help our community get the funding and resources it needs to thrive for the next 10 years. For more information, please go to www.census.gov/2010census.

WESTAR ENERGY REPLACES TRANSMISSION LINE FROM STRANGER CREEK SUBSTATION TO THORTON SUBSTATION

This month Westar Energy will begin the removal of the vegetation within Westar Energy’s easements as well as on road right of way preparing to rebuild the electric transmission line from Stranger Creek Substation to Thornton Substation. Rebuilding this transmission line will maintain the reliability of service to the Leavenworth area. The Southwest Power Pool, the Regional Transmission Organization, directed Westar Energy to construct this transmission line in order to maintain compliance to the North American Electric Reliability Corporation’s Reliability Standards. These standards are federally enforceable under the Federal Energy Regulatory Commission rules.

Work begins at the Stranger Creek Substation and crews will proceed eastward along Bauserman Road and Eisenhower Road. Once the vegetation is cleared, contract crews will begin removing the existing transmission line. After the existing line is removed, crews will begin building the new electric transmission line along the same route within Westar Energy’s existing easements. If you have any questions or concerns please contact Jeff Rogers at 785-575-8081.

NEW ENERGY EFFICIENCY PROGRAMS FOR LOCAL GOVERNMENTS

As part of its statewide strategy to promote energy-efficiency retrofits in public buildings, two new grant programs have been created to assist cities—the Public Projects Grant Program and the Energy Manager Grant Program.

The Public Projects Grants are designed to supplement the existing Facility Conservation Improvement Program (FCIP) by focusing on energy efficiency projects in public buildings that are either too small for FCIP or include specific improvements that exceed FCIP’s 30-year statutory payback period. Examples of improvements funded through these grants include lighting, heating and cooling equipment, energy management controls, and insulation or other envelope measures. The application deadline for this program is July 15, 2010. For eligibility requirements and additional information, see the State Energy Office web site http://www.kcc.state.ks.us/energy/arra/publicproj.htm.

The Energy Manager Grants provide coalitions of local governments (cities, counties, school districts) with an annual stipend of $50,000 for up to two years to hire an energy manager. Energy managers will develop both short- and long-term plans for each of the coalition members, with the goal of reducing energy usage in both the public and private section. The application deadline for this grant is April 15, 2010. For eligibility requirements and additional information, see the State Energy Office web site www.kcc.ks.gov/energy/arra/energymgr.htm.

IMPORTANT STATE PHONE NUMBERS

I often receive requests for the following numbers during the legislative session. You can find these as well as many others online at the following Web site: http://da.state.ks.us/phonebook. I hope you will find this information helpful.

Attorney General’s Office

(888) 428-8436

Child/Adult Abuse Hotline

(800) 922-5330

Crime Tip Hotline

(800) 572-7463

Crime Victim Referral

(800) 828-9745

Driver’s License Bureau

(785) 296-3963

KPERS

(888) 275-5737

Governor’s Office

(877) 579-6757

Highway Conditions

(800) 585-7623

Housing Hotline

(800) 752-4422

KS Department on Aging

(800) 432-3535

Kansas Jobs

(785) 235-5627

Kansas Lottery

(785) 296-5700

Legislative Hotline

(800) 432-3924

Live Homework Help

www.HomeworkKansas.org

Lt. Governor’s Office

(800) 748-4408

School Safety Hotline

(877) 626-8203

Social Security

(800) 772-1213

SRS

(785) 296-3959

Tax Refund Status Info

(800) 894-0318

Taxpayer Assistance

(800) 259-2829

Unclaimed Property

(800) 432-0386

Vital Statistics

(785) 296-1400

Voter Registration

(800) 262-8683

Welfare Fraud Hotline

(800) 432-3913