Friday, March 12, 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



Friday, March 5, 2010

Week #8: March 6, 2010

Good Afternoon All:
Here is Week 8 of my legislative update. There is tension here in the capitol as the reality of our budget crisis sinks in with February revenues down $71 million and the end of the legislative session looming nearer and nearer. The Senate Ways & Means subcommittees have been meeting for a few weeks and we have been accepting the Governor’s recommended cuts for FY 2011, plus adding another 2.5% cut. The only agencies excluded so far from the additional cuts are public safety agencies, education, human service caseloads and debt service. It has been heart-wrenching to listen to the stories from the disabled and frail and elderly, whose services will be eliminated. Also, if you are on Facebook, please become a fan of my page to get regular updates:

http://www.facebook.com/home.php?#!/pages/Kelly-Kultala/21393851201?v=wall&ref=sgm

Kelly


IN THIS ISSUE:

$ Work Continues on House Bills, Conference Committee Reports

$ Governor Parkinson Puts Forth Plan to Fix $106 Million Budget Gap

$ Attorney General Opinion – City Authority Regarding Lodging Inspections

$ Senate Debates Changes to the Unemployment Insurance Trust Fund

$ Contribution Limits Proposed for Supreme Court and Court of Appeals Judge Campaigns

$ February Revenues Down

$ Changes to Special Education Catastrophic Aid Considered

$ Beloit Juvenile Corrections, Electronic Records Bills Signed

$ Useful State Phone Numbers

WORK CONTINUES ON HOUSE BILLS, COMMITTEE REPORTS

This week, the Senate continued working through a number of bills that have come over from the House of Representatives, as well as conference committee reports. My time will continue to be split between committees and floor debate until the end of March, which will be the deadline for bills originating in the opposite house to be considered.

With little time left in the session for bill debate, I encourage you to contact me with any concerns or questions you have about a particular bill or committee meeting. 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 Parkinson Puts Forth Plan to Fix $106 Million Budget Gap

Governor Mark Parkinson has put forward his plan to balance an unexpected $106 million hole in the current fiscal year’s budget by, among other things, reducing work on Kansas’ highways and roads throughout this year and next.

“I have said, time and time again, that there are no great options left to balance the budget. Having already cut more than $1 billion from state spending, every option I have left will harm state programs. However, facing an additional $106 million shortfall with less than four months left in the fiscal year, I am compelled to act.

“A strong infrastructure is critical to our ability to move goods and services to market; and maintaining our roads creates hundreds of potential jobs and millions of dollars in economic activity throughout Kansas. With this in mind, we must work together towards a solution that would recommit our state to a reasonable transportation plan.

“In the meantime, we cannot balance the next budget or protect our schools, public safety and safety net services without new revenue. I look forward to the Legislature to coming to the table, putting politics aside, and raising the revenue we need to get Kansas back on track.”

Administration officials will make a series of cuts, transfers and adjustments to net at least $52 million. The remaining $54 million will require legislative action; therefore, Governor Parkinson has asked the legislature to do the following:

· Transfer $28 million from the highway fund to the State General Fund. This action will require the Department of Transportation to cancel nearly all maintenance projects that have yet to be started in 2010 and 2011.

· Pass HB 2130, primary seatbelt legislation. This action will produce $10 million in federal funds.

· Implement a moratorium on KPERS death and disability payments for the last quarter of FY 2010. This action will produce $12 million in available resources while keeping the fund solvent.

· Pass legislation to codify the Insurance Commissioner’s equal treatment of Kansas’ three Medicaid HMOs. This action will produce $4 million.

ATTORNEY GENERAL OPINION

Early this week I received an Attorney General's opinion requested by Representative Marti Crow and myself. The City of Leavenworth asked for a legal opinion about the authority of the City to use their home rule authority to regulate lodging facilities, restaurants and such in town and enforce the City regulations. The Dept. of Agriculture is the state regulatory agency for food and lodging entities, but the Department announced earlier this year, that due to budget cuts and staff shortages, they will not be inspecting establishments in the near future. The City of Leavenworth wants to take the initiative to do that task. The Attorney General found that the Dept. of Agriculture may contract or delegate to cities and counties the authority to inspect and license lodgings and restaurants for compliance with state and local safety and sanitation standards. The City's regulation would have the same effect and force as the Dept. of Agriculture. The municipality can enact local standards more stringent than the state standards.

The Attorney General also found that the City can charge and collect licensing and inspection fees in addition to the state fees charged and penalties may be imposed by the City for failure to comply with local regulatory provisions. Fees and fines collected by the City can be used to support the inspections and regulation by the City. Attorney General Opinion 2010-7.

SENATE DEBATES CHANGES TO UI TRUST FUND

The Senate on Thursday voted against a conference committee report that would have made several changes to the state’s Unemployment Insurance Trust Fund.

Kansas, like all states, maintains an Unemployment Insurance trust fund with the United States Treasury that is paid for by business employers as a payroll tax. This money is deposited into an account and can only be used to pay benefits to unemployed workers. For the last 3 years employers have not been required to pay into the Unemployment Trust Fund.

The actual tax rate a business is charged depends on that businesses’ experience rating – i.e. their history of employment and charges due to layoffs. Essentially, if your business costs the UI system less, you pay less.

The system usually works well, but because of the national recession, the state’s trust fund balance has dipped from a $700 million surplus in 2008 to a negative balance today. In order to replenish the fund, the Unemployment Tax was reinstated, which resulted in good employers being forced to pay a “compressed rate”, or a rate higher than the maximum allowed by the Employment Security Law.

In February the House of Representatives introduced HB 2676, which was intended to provide immediate relief to thousands of good Kansas businesses. The bill would allow the Secretary of Labor to reduce tax rates for good businesses – those that have positive account balances within the Unemployment Insurance Trust Fund. These businesses, over the course of operation, have paid more into the fund than benefits have been charged to the account.

The bill also included a provision that would give good employers a 90-day grace period to pay their taxes.

Unfortunately, when the bill moved to the Senate Commerce and Labor Committee, a number of changes were made which would hurt unemployed Kansas workers by reducing benefits by $43 million in FY 2010 and by more than $60 million in FY 2011.

Because of the actions of the Senate, the Senate Committee proposals were essentially stripped from the underlying House bill. After a short debate on the original bill, the Senate voted unanimously to pass it and send the bill to the Governor.

I voted in favor of the original House bill because it would provide a tax break for businesses and not reduce benefits for unemployed workers.

CONTRIBUTION LIMITS PROPOSED FOR JUDGE CAMPAIGNS

Two State Senators introduced proposals this week that would correct an unforeseen omission in the state’s election laws. The proposals, which were introduced in two separate Senate Committees on Wednesday, would set a $2,000 contribution limit on donations made to organizations campaigning for or against members of the Kansas Supreme Court and Court of Appeals. The proposals would also require that any organization that accepts donations must report their contributions and expenditures with the Kansas Ethics Commission.

Supreme Court judges are not included in current election laws because appellate court members are appointed by the governor and must stand for retention, but are never technically “elected.” As a result, organizations intending to influence the retention or non-retention of a particular judge have unlimited fundraising powers without having to report the source of any money that has been raised.

I stand in support of these measures, which will help remedy an unanticipated but nonetheless important campaign finance issue before this year’s upcoming November election.

FEBRUARY REVENUES DOWN

As was expected, reports from the Kansas Department of Revenue this week indicate that the state’s tax-only revenues were down again in February. The state took in just under $195 million – $71 million less in revenue than expected for the month – putting the state 3.3 percent under estimates since November 2009.

Several factors played into the below-estimated receipt, including individual income taxes, which came in 42 percent below estimates at just over $46 million. Sales taxes were also down by more than 10 percent, a $14 million shortfall.

With just four months left in the current fiscal year, the state faces an astounding $105 million shortfall – a factor which will have to be accounted for as the legislature continues working toward a balanced state budget for Fiscal Year 2010.

SPECIAL EDUCATION CATASTROPHIC AID RECONSIDERED

A bill currently in the Senate Education Committee aims to increase the per pupil threshold for state catastrophic aid so that all district receive equitable funding for special needs students.

Historically, school districts have only requested catastrophic aid – used to hire full-time teachers and specialized services for students with severe disabilities – when the annual cost to support a special needs student exceeds $25,000.

Since last year, however, three school districts (Shawnee Mission, Blue Valley, and Olathe) have been asking the state for aid for students who are below the $25,000 threshold.

Senate Bill 359 aims to close this loophole and ensure that all schools districts are required to meet the same standards by increasing the student threshold to twice the amount of state aid paid per special education teacher in the preceding school year – which equates to $46,000.

On Monday, the Senate Education Committee is expected to vote whether or not to send the bill to the full Senate chamber.

I support this bill. 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.

BELOIT JUVENILE, ELECTRONIC RECORDS BILLS SIGNED

Governor Mark Parkinson signed two more bills this week, bringing the total number of bills signed during the 2010 legislative session to five.

SB 357 authorizes the Secretary of the Department of Administration to convey Beloit Juvenile Correctional Facility for and on behalf of the Juvenile Justice Authority to the City of Beloit, Kansas. All costs related to the conveyance shall be paid by the City of Beloit. The legislation goes into effect upon its publication in the Kansas Register.

HB 2195 directs the State Archivist to prepare and present recommendations regarding the preservation process for maintaining the authenticity of electronic records. The legislation also enables electronic records maintained pursuant to the preservation process and certified by the electronic signature of the State Archivist to have the same legal effect as the original document; and allows reasonable fees to be charged for electronic copies. The bill takes effect upon its publication in the Kansas Register.

IMPORTANT STATE PHONE NUMBERS

The following is a list of numbers I often receive requests for 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

Senator Kelly Kultala

Kansas District 5

Wyandotte & Leavenworth Counties


Monday, March 1, 2010

Week #7: February 27, 2010

Here is Week 7 of my legislative update. I can’t believe that it is almost March. Doesn’t that mean that Spring should be here soon? I don’t know about you, but I’m ready for the snow to melt away and warmer temperatures. As always please let me know if there are any additions or deletions to the email list. Have a Great Weekend. Kelly

IN THIS ISSUE:

$ Turnaround Makes for Short Week at the Capitol

$ School Funding

$ Statewide Smoking Ban Becomes Law

$ Senate Debates Amendment to Controlled Substances Act

$ Bill to Require that Courts Determine Child Care First

$ Rainy Day Fund Has Hearing

$ Shred-A-Thon Protects Kansans from Identity Theft

$ Energy Efficiency Programs Help Kansans Save on Energy Bills

$ Useful State Phone Numbers

TURNAROUND MAKES FOR SHORT WEEK AT THE CAPITOL

Senators met for only four days this week, in recognition of the Legislature’s annual turnaround deadline. Although the Senate was back in session Tuesday, we only met briefly and did not begin debate on any new bills until Wednesday afternoon.

After last week’s hectic schedule – we debated more than 80 bills – it was nice to have the opportunity to catch up on e-mails and phone calls, and to visit with members of our community over the long weekend.

In the coming weeks, the Senate will begin to consider bills approved in the House of Representatives, while the House of Representatives will begin to consider legislation approved by the Senate. Conference committees will also continue to meet in order to iron out the details of any bills that have been approved by both chambers. 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.

SCHOOL FUNDING

As a result of the recession, revenues for Kansas have declined for an unprecedented four straight years, while total spending has been slashed more than $1 billion in the last 18 months. Further cuts would potentially permanently damage our schools, programs for our senior citizens and disability populations, public safety, and job creation efforts.

In the last few weeks many people in the 5th Senate district have contacted me expressing concern regarding reductions that have been made and more that may be made to the K thru 12 education budget. I agree with this concern. While the legislature did protect our schools from the first round of cuts which were made last session in the fiscal year 2010 budgets, school funding was reduced in the next three rounds of reductions which have been made affecting the current school year. These reductions in funding are causing schools to have larger class sizes, to not have as many paraprofessionals to assist in the classroom, to take school children on fewer educational trips, to eliminate programs, etc. all of which have the potential of adversely affecting the quality of education our children are receiving.

At this point in time school districts are faced with either looking to non-renewing teachers and eliminating programs or increasing the local property taxes through an increase in the local option budget (if they have any authority left at the local level) because they fear further budget cuts will be imposed at the state level.

Both of these options are unacceptable – our students need to be presented with quality education and our local property tax payers cannot afford to have property taxes increased. That is why I agree with the Governor’s recommendations that the legislature must give serious consideration to examining revenue enhancements. I am not willing to vote for any more cuts to education, nor for continuing the 10% reductions in the Medicaid program nor for any more cuts to the various public safety agencies protecting the citizens of Kansas. I, along with many other legislators, am continuing to carefully examine the various agencies to determine if there are more opportunities for reductions in spending without permanently damaging those agencies and to also look at various revenue options including but not limited to the sales tax as recommended by the Governor.

STATEWIDE SMOKING BAN BECOMES LAW

After more than five years of debate in both the House and Senate, on Thursday the House concurred with the Senate version of HB 2221, which will create the Kansas Indoor Clean Air Act. The bill makes the act of smoking unlawful in virtually all public places.

Outdoor areas of any building or facility beyond the access points of the building or facility and private homes or residences, except when used as a day care home, would be exempted from the provisions of the bill.

Each employer having a place of employment that is an enclosed area will be required to provide a smoke-free workplace and to adopt and maintain a written smoking policy that prohibits smoking without exception in the place of employment.

I supported HB 2221 because Kansas Medicaid pays an estimated $196 million per year to treat tobacco related diseases. The overall medical cost to Kansans for tobacco related disease is $927 million annually. Based upon experience from neighboring states, it is estimated a clean indoor air law in Kansas will immediately save $21 million yearly in hospital charges by reducing the number of heart attacks provoked by secondhand smoke exposure.

Because the Senate approved HB 2221 last session, the bill will now go to the Governor for his signature.

SENATE DEBATES AMENDMENT TO CONTROLLED SUBSTANCES ACT

On Thursday, the Senate debated House Bill 2411, which would add five chemical compounds to the list of Schedule I controlled substances. The compounds under consideration include: HU-210, JWH-018, JWH-073, BZP, and TFMPP.

Three of the substances (JWH-018, JWH-073, and HU-210) are used to make a synthetic cannabinoid, typically called “K2" or “Spice”, that is marketed as incense but when smoked produces a marijuana-like high.

In January, the Senate voted in favor of a similar bill that would add three chemicals to the state’s list of illegal drugs. The House version simply adds two more substances to the list.

During committee hearings, several organizations testified in favor of the bill including the Kansas County and District Attorneys Association, the Kansas Association of Chiefs of Police, the Kansas Sheriffs Association, the Kansas Peace Officers Association, and the Kansas Board of Pharmacy.

BILL TO REQUIRE THAT COURTS DETERMINE CHILD CARE FIRST

In an effort to protect the best interest of a child during custody, divorce or juvenile offender court cases, the Senate on Wednesday approved Senate Bill 460. Under the bill, judges would be required to make custody orders, parenting time orders, or any orders related to the best interest of a child a priority over other family or juvenile justice court proceedings.

SB 460 would also amend the law, giving courts the authority to place a child in the custody of someone other than the biological parent/s if there is probable cause to believe that the child’s current guardians are unfit. Once a court has determined child custody, placement details must be confidentially reported, and may only be publicized with express written consent or if an investigation has become public knowledge.

The bill also requires that any changes to a child’s living arrangement be expedited, if no hearing or contestation has been requested.

The Kansas Judicial Council (KJC) and the Juvenile Justice Authority both testified in favor of the bill.

I voted in favor of this bill because I believe SB 460 clarifies current law and codifies court practices regarding children in need of care and juvenile offenders.

RAINY DAY FUND HAS HEARING

On Tuesday, members of the Senate Ways and Means Committee held a hearing on a proposal intended to protect vital services and slow the growth of spending in hard financial times.

The proposal would create a “Rainy Day Fund” that could total up to at least 7.5% of the state general fund budget and could only be used in times of budgetary stress. Currently, Kansas is one of only five states that does not have such a fund.

If enacted as a constitutional amendment, the fund would require the Legislature to set aside at least 1 percent of the state general fund revenues any year those revenues increase by 3 percent or more over the previous year. This money would be locked away from use by the Legislature unless state general fund revenues were to drop below the previous year’s total. At that time, money in the fund could be used for any purpose a majority of the Legislature and The Governor approves. Should this fund reach 7.5 percent of the total state general fund budget, the set-asides could be suspended.

State Treasurer Dennis McKinney testified in favor of a Rainy Day Fund, telling committee members that it was imperative that the state store up in times of abundance in order to prepare for times of drought. The Topeka Chamber of Commerce also testified in support, while Governor Parkinson endorsed the fund’s creation earlier this session.

There was some concern from committee members about the possibility that, should the state face an economic upturn, the legislature would be unable to allocate any of the fund money to state programs.

Although these concerns certainly warrant a thorough debate, I believe that setting aside savings in times of economic crisis makes sense. Much of our current situation could have been avoided if the state had established a Rainy Day Fund years ago. For instance, if a RDF had been created in FY 1991, the state would have had at least $465 million to help us through the present crisis.

Wise families set aside savings for a rainy day, and businesses hold back money for revenue downturns. It’s high time the State of Kansas follow their lead.



SHRED-A-THON PROTECTS KANSANS FROM IDENTITY THEFT

In recognition of National Consumer Protection Week, Kansas Attorney General Steve Six will be hosting five SHRED Identity Theft events for Kansas consumers.

By shredding your sensitive documents, you can better protect your identity and help keep personal information from falling into the wrong hands. Shred-a-thon events will take place at the following locations:

March 1st

Leavenworth: Wal-mart Kansas City: Legends at Village West

3450 S. 4th Trafficway 1843 Village W. Parkway

9 a.m. - 11 a.m. 1:30 p.m. - 3:30 p.m.

March 3rd

Topeka: Shawnee County Public Library Lawrence: Wal-mart

1515 SW 10th Avenue 3300 Iowa

11 a.m. - 1 p.m. 2:30 p.m. - 4:30 p.m.

March 4th

Overland Park: Wal-mart Shawnee Mission: Wal-mart

7701 Frontage Road 5150 Roe Blvd.

9 a.m. - 11 a.m. Noon - 2 p.m.

EFFICIENCY PROGRAMS HELP KANSANS SAVE ON ENERGY BILLS

This time of year finds many of us thinking about ways to save on energy costs. If you’re considering improvements at your home or workplace, you should know that the State offers several programs to improve the energy efficiency of homes, small businesses, and public buildings.

Efficiency Kansas

This new $34 million loan program helps Kansans identify and implement cost-effective energy-efficiency improvements in existing homes and small business. Operated by the State Energy Office (785-271-3170), Efficiency Kansas is a public-private partnership, with financing accessed through partner lenders and utilities. Currently, 18 banks and credit unions (with 105 branches statewide) and one utility (Midwest Energy) offer the program. Additional partner lenders and utilities are expected to offer the program later this year.

Kansans can borrow up to $20,000 for approved projects in homes and up to $30,000 for approved projects in small commercial or industrial structures (those that use residential-sized equipment). Most projects are expected to average around $5,000.

To ensure that Kansans get the greatest energy savings for each dollar spent, all Efficiency Kansas projects require an energy audit, performed by one of the private-sector energy auditors who have been qualified to work with the program. At this time, there are 45 auditors listed on the Efficiency Kansas web site—www.efficiencykansas.com/auditors_list.php—and the list is expected to grow, as more Kansans receive the training.

For more information about Efficiency Kansas, check out the web site (www.efficiencykansas.com) or call the State Energy Office (1-877-448-3185).

Weatherization Assistance Program

This long-standing grant program, operated by the Kansas Housing Resources Corporation, targets Kansas households with incomes up to 200% of the federal poverty level or 75% of the state median income, whichever is higher. Eligible Kansans can receive weatherization assistance for improvements in single- or multi-family residences, including manufactured homes. The program is open to renters. For more information, contact Kansas Housing Resources Corporation (785-296-4990).

Facility Conservation Improvement Program (FCIP)

The FCIP is designed to help public entities—state, cities, counties, and schools—use energy savings performance contracting to access financing for energy-efficiency projects. It is operated by the State Energy Office. For more information, call the State Energy Office (785-271-3170).

Energy Manager Grant Program

This new grant program, operated by the State Energy Office, provides coalitions of local governments (cities, counties, school districts) with a $50,000 annual stipend for up to two years to enable them 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 more information, download the program description and application (www.kcc.ks.gov/energy/arra/energymgr.htm), or call the State Energy office (785-271-3170).

In addition to the programs listed above, USDA Rural Development offers the Rural Energy for America Program (REAP) grants and loans, targeting agricultural producers and small rural businesses. For more information about REAP, contact David Kramer (david.kramer@ks.usda.gov; 785-271-2736).

IMPORTANT STATE PHONE NUMBERS

The following is a list of numbers I often receive requests for 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