Week #12: April 2, 2010

Good Afternoon:

Very early this morning the legislature finished its regular session and there is much work left to be done when we come back on April 28, most importantly the budget. My senate office will be closed during the recess and I will not send out another newsletter until the veto session, but I will have access to my senate email. As always if you know of someone who would like to be added or if you would like to be removed from our email list, just let us know. Hope you all are enjoying the fabulous weather. Best, Kelly.

N THIS ISSUE:

$ Senate Adjourns Before Veto Session

$ Repeal Of Cap on Historic Preservation Tax Credits Passes

$ FY 2011 Budget Update – March 2010 Revenues are Up

$ Education Issues Pass Both Houses

$ Nursing Facility Bill Sent Back to Committee

$ Day Care Licensing Bill Approved

$ Transportation Plan Comes Out of Senate Committee

$ KDOL Update

$ Free Mammograms Offered

$ Governor Signs 16 New Bills into Law

$ Useful State Phone Numbers

SENATE ADJOURNS BEFORE VETO SESSION

The legislature has adjourned for a three-week recess after completing the regular session well after midnight on Wednesday, March 31^st. On April 28^th, legislators will return for the wrap up session, when the budget bill, some conference reports and any vetoes by the Governor will be considered.

In the meantime, legislators continue to meet in conference committees and budget committees. 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. My senate office will be closed during the legislative recess and will reopen during the veto session on April 28. If you need immediate assistance, I will be accessing my senate email from home and my home phone number is 913-721-0055.

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

REPEAL OF CAP ON HISTORIC PRESERVATION TAX CREDITS PASSES

SB 430 makes several changes to various tax statutes. Within the bill there is the repeal of the $3.75 million cap that had been imposed on historic preservation income tax credits last year. This bill is now at its way to the Governor for signature.

FY 2011 BUDGET UPDATE – MARCH 2010 REVENUES ARE UP

In an unusual turn of events, the House and Senate have decided to hold off working a budget plan until after first adjournment. According to legislative records, an appropriations bill (which includes the bulk of funding for state agencies) has been passed prior to the April break every session since 1996.

The Legislature will typically reconvene a month later for the Veto Session (also referred to as the Wrap-Up Session) to pass an "Omnibus Budget Bill." The Omnibus Bill normally contains technical adjustments to previous appropriations bills, financing for the Governor's budget amendments which were not considered as part of regular appropriations bills, and financing of substantive legislation that passed earlier in the session. The calendar is structured in this manner to allow time for the Legislature to make budget adjustments based on updated revenue estimates, which become available in mid-April.

According to budget information that was just released this afternoon the March 2010 revenues are up by $12.230 million or +3.5%. However, that still leaves fiscal year-to-date revenues down $92.8 million or -2.6%.

Faced by a growing budget deficit, which is estimated to be somewhere between $450-$500 million dollars, I feel it is more prudent for the legislature to deviate from tradition and to wait until revised revenue estimates are delivered on April 16^th. Due to our current budget crisis, the State of Kansas is in an extraordinary time. We must get a clearer picture as to what our budget deficit looks like before moving forward with a budget plan.

EDUCATION ISSUES PASS BOTH HOUSES

In a conference committee report for SB 359 three issues pertaining to education were passed by both Houses and sent to the Governor.

First, the bill amends the special education catastrophic state aid law for the 2009-2010 school year by increasing the threshold for eligibility from $25,000 to $36,000 and by requiring that state special education state aid and federal special education state aid, including Medicaid Replacement State Aid, be deducted in determining the amount of reimbursement per special education student. In school year 2010-2011 and years thereafter, the catastrophic state aid reimbursement threshold would increase to twice the state aid per special education teacher from the previous year. State and federal special education aid, including Medicaid Replacement State Aid, would be deducted in determining the amount of reimbursement per special education student.

Secondly, the bill allows a pilot program that changes the special education funding formula from a teacher-based formula to a census-based formula. This provision in the bill sunsets on June 30, 2013.

Finally, the bill amends a provision in the special education law which provides for the payment of Medicaid Replacement State Aid to school districts. Under current law, during the school years of 2007-2008, 2008-2009 and 2009-2010, the State Board of Education is required to designate a portion of special education state aid as Medicaid replacement. This funding cannot exceed $9 million in any school year. The bill removes the designated school years resulting in continuation of Medicaid Replacement State Aid permanently.

NURSING FACILITY BILL SENT BACK TO COMMITTEE

On Tuesday, the Senate debated a bill which would have implemented a new $30 million fee on Kansas nursing homes, before sending the bill back to committee for further review.

Under S Sub for Sub HB 2320, Kansas nursing facilities would be assessed on the number of beds that the facility is licensed for as of July 1^st each year. The assessment amount would be $1,325 per bed annually. The money generated by the provision is intended to supplement the current 10 percent Medicaid cut which was put into place by the Governor earlier this year. The $30 million fee would have drawn down $56 million in matching federal funds.

DAY CARE LICENSING BILL APPROVED

In a 25-14 vote, the Senate on Tuesday approved a conference committee report as amended on S Sub for HB 2356 (formerly Senate Bill 447).

If you’ll recall, 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.

The Senate passed SB 447 on March 17^th, but because the House of Representatives added in provisions of another bill, a conference committee was appointed. The conference committee reported the bill for approval – which means that the six House and Senate conference committee members had agreed on final changes to the bill.

I agreed to the changes which were made by the committee and voted in favor of the conference committee report. Not only will this bill provide parents with better access to relevant background information on those daycare facilities located in Kansas, but it will mandate that all facilities follow the same guidelines for childcare and self-examination and require that registered day care homes become licensed. It is an important step to preventing the tragic loss of any more Kansas children who are under the supervised care of a daycare provider.

TRANSPORTATION PLAN COMES OUT OF SENATE COMMITTEE

On a 5-4 vote the Senate Transportation Committee recommended approval of a .3 cent increase in the state sales tax to help pay for a new comprehensive transportation plan. The committee’s vote marked the first tax increase proposal to advance to the floor with a favorable recommendation in the 2010 legislative session.

The measure would increase the state sales tax of 5.3 cents to 5.6 cents in 2013 with the revenue going toward highway construction and other transportation projects. It would also increase car registration fees by $20 and truck registration fees by $100 starting in 2013. New revenue in the package totals about $2.7 billion over 10 years. Combined with existing revenue, the transportation plan would cost about $8.2 billion. The bill now goes to the full Senate for consideration.

The measure was hotly disputed in committee. Opponents said it does not make sense to recommend a tax increase when the Legislature has not received more current revenue projection figures. New revenue numbers will be available in mid-April. However, supporters of the proposal said advancing the legislation would help lawmakers gauge whether the taxpaying public supports a comprehensive transportation plan and is willing to increase their investment to support it. Supporters also state that a new transportation plan would bring new investment and jobs to the state during this economic crisis when we need to create more jobs.

KDOL UPDATE

The Kansas Department of Labor (KDOL) has made a number of changes recently in an effort to expand their online presence and to improve customer service. I wanted to take this opportunity to share some of these changes with you:

Contact Center:

In efforts to reduce call congestion in KDOL’s Contact Center, the agency has changed the way certain calls are routed. Until recently, the biggest backlogs occurred when callers with specific claims-related questions had to be routed to another operator.

KDOL has changed where calls regarding online services are routed, relieving some pressure from “general inquiry” respondents and reducing wait times for callers. As a result, the number of calls that can be handled in a day has increased by nearly 30 percent.

Podcasts:

In February, KDOL initiated its Questions from Claimants podcast series. The podcasts are short audio clips designed to help claimants understand different aspects of the unemployment insurance program. Each week KDOL releases a new episode, which can be accessed via www.GetKansasBenefits.com and can be downloaded to be listened to at the claimant’s convenience.

So far, there have been more than 10,000 hits on the podcast site and more than 3,600 individual visitor sessions among the five podcast episodes.

Reporting UI Fraud:

Earlier this month KDOL added a page to its Web site that helps individuals report instances of suspected fraud on the part of claimants or employers: www.dol.ks.gov/fraud/fraud.html. From the site, individuals can find information on what constitutes fraud in the unemployment insurance program and how they can report fraud by phone, mail or e-mail. You can also download a fraud reporting form to complete and return to the agency for further investigation.

Hearings and Judge’s Orders:

Individuals requesting access to claims information can now receive it electronically. Instead of receiving hard copies of records by fax or mail, claimants can receive an e-mail notification when the data is ready to be “picked up” on KDOL’s Web site.

KDOL is also sending e-mail notifications of Administrative Law Judges awards and hearings. Those parties involved in a disputed issue will now receive e-mail notifications when a hearing is requested or a judge’s orders have been given.

Proof of Coverage:

KDOL now provides employers, attorneys and medical providers the ability to check its Web site at any time to find an insurance company and determine whether an employer has proof of coverage. Injured workers can also use it to determine who is responsible for their medical bills.

FREE MAMMOGRAMS OFFERED

Qualified women living in Northeast Kansas will be eligible for a special no-cost mammogram during the week of May 3^rd through the 7^th as part of the Race Against Breast Cancer. Up to 300 screenings will be performed free of charge at St. Francis Breast Center, Jane C. Stormont Women’s Center and Cotton O’Neil Urish Clinic.

Please call Health Connections at (785) 354-5225 before April 12^th to see if you qualify for one these mammograms.

GOVERNOR SIGNS 16 NEW BILLS INTO LAW

Governor Mark Parkinson signed 16 new bills this week, bringing the total number of bills signed during the 2010 Legislative Session to 49. Here is a full list of the latest bills he signed:

Exempting state educational institutions from State Surplus Property Act

HB 2415 exempts the state universities from being required to sell, trade, or dispose of personal property owned by these institutions through State Surplus Property, and would give the Board of Regents oversight of the process. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the administration of vaccines

HB 2448 amends current law and allow a pharmacist, pharmacy student, or pharmacy intern working under the direct supervision of a pharmacist to administer the influenza vaccine to a person six years of age or older. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning trusts; relating to the uniform principal and income act

HB 2455 amends the Uniform Principal and Income Act, relating to trusts and trustees. The bill clarifies language regarding payment requirements in order to receive estate tax marital deductions for certain trusts. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning crimes and punishment; relating to sentencing

HB 2469 amends current law with respect to criminal history category to delete the language in the statute regarding applicable penalties so that there is no ambiguity that prior convictions can be counted in determining the criminal history category of a defendant. The bill takes effect upon its publication in the Kansas Register.

Relating to motor carriers; increasing time for verification of compliance

HB 2485 increases from 12 to 18 months the time the Kansas Corporation Commission (KCC) has to verify that a carrier is in compliance will all applicable requirements, after the KCC has initially authorized the carrier to operate in Kansas. This time period is consistent with the Federal Motor Carrier Safety Administration’s compliance timelines. The bill takes effect upon its publication in the Kansas Statute Book.

Inspection of parole offices by the Department of Corrections

HB 2503 expands current law to allow the Secretary of Corrections the authority to inspect parole offices. Current law gives the Secretary explicit authority to inspect all correctional facilities, including facility management and business practices, offender treatment, and any allegations of improper conduct. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the inheritance tax

HB 2557 removes references to the inheritance tax that appear in Kansas statutes. Current law eliminates the inheritance tax beginning tax year 2010. The bill takes effect upon its publication in the Kansas Statute Book.

The Addictions Counselor Licensure Act

HB 2577 creates the Addictions Counselor Licensure Act to require any person currently licensed as an addiction counselor or substance abuse counselor to be licensed and meet applicable requirements. Addiction counselors or substance abuse counselors would be prohibited from practicing without being licensed by this act, effective August 1, 2011. HB 2577 also increases the number of members on the Behavioral Science Regulatory Board from 11 to 12 to include a Licensed Addiction Counselor or Licensed Clinical Addiction Counselor. The bill takes effect upon its publication in the Kansas Statute Book.

Increasing the limitation on irrevocable funds for prepaid funerals

HB 2588 increases the maximum amount that can be placed in an irrevocable pre-financed funeral agreement from $5,000 to $7,000.

Required disclosures for prepaid funerals

HB 2589 requires a number of disclosures in a prearranged funeral agreement, including the names and addresses of the seller and purchaser; a statement of the funeral goods and services being purchased; and whether the contract is guaranteed or not guaranteed. The legislation also requires a prearranged funeral agreement to disclose whether the contract is revocable or irrevocable; what happens to excess funds after the funeral and arrangements have been paid for; the name of the institution in which the funds are deposited; and notice of reasonable fees and expenses deducted from the trust. The bill takes effect upon its publication in the Kansas Statute Book.

Relating to work release programs

HB 2604 authorizes a sentencing court to assign defendants, convicted of misdemeanors or felonies that require imprisonment in the county jail rather than a state correctional facility, to work release programs. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning law enforcement for the HorseThief Reservoir Benefit District

HB 2638 allows the governing board of the HorseThief Reservoir Benefit District to appoint a law enforcement manager and associated officers. The law enforcement officers will be required to meet the requirements of the Kansas Law Enforcement Training Act and complete instruction at the Kansas Law Enforcement Training Center. The Hodgeman County Sheriff’s office would control the law enforcement functions and enter into a contract for these services with the Benefit District. The bill takes effect upon its publication in the Kansas Statute Book.

Relating to the crime victims compensation fund

SB 326 increases the amount the Attorney General has the authority to transfer from the agency’s Crime Victims Compensation Fund to the Crime Victims Assistance Fund. Currently the internal transfer limit is $100,000 and it would increase to $300,000. The bill takes effect upon its publication in the Kansas Register.

Relating to filing requirements for limited liability partnerships

SB 437 requires limited liability partnerships to have the same requirements in regards to filing resident agents and registered offices with the Secretary of State as current law on domestic or foreign limited partnerships. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning corporations and business’ merger of limited partnerships

SB 441 repeals the Revised Uniform Limited Partnership Act and allows limited partnership mergers to take place under the Business Entity Transaction Act. Limited partnerships would be required to file a certificate of merger or merger agreement as opposed to a notice of cancellation with the Secretary of State. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the metropolitan transit authority act

SB 544 increases the area in which a metropolitan transit authority could offer services. The area increases from a radius of three miles of the city’s corporate limits to a radius of 90 miles from those limits. Under current law only Topeka and the Topeka Metropolitan Transit Authority (TMTA) are limited to the original three mile radius. The TMTA is the only transit operator with a service area limit in the state. The bill takes effect upon its publication in the Kansas Statute Book.

IMPORTANT STATE PHONE NUMBERS

I often receive requests for the following list of 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

Senator Kelly Kultala

Kansas District 5

Wyandotte & Leavenworth Counties

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.