Week 7 (February 24 – 26, 2010) Issue 8
There were two bills that were debated for hours during this short but busy week. I decided to speak in each debate (the other option is to spontaneously respond to what was being said), so, I had to take the time to prepare. I learned how one goes about offering an Amendment to a bill. The process starts with going to the Reviser assigned to the Committee. Copies of the Amendment have to be signed before handing them in upon recognition by the Chairman. After you explain the Amendment, you stand for questions. Although no one asked me a question, several spoke in opposition or in support of the amendment. After nearly an hour, the discussion ended, I closed and moved the Amendment and the vote was taken. Althou gh my attempt to amend failed, I was glad to have participated in the debate.
In the HOUSE
HB 2221, the Clean Air Act, was introduced on Thursday. As a proponent I made reference to my 31 years spent teaching future physicians about the frequency with which respiratory tract infections repeatedly occur in the course of a lifetime. While Legislators enjoy working in a smoke-free environment, many Kansans with colds or sinus infections are not as fortunate. My next argument for good public policy was to use the restriction of speed on streets (for public safety) as analogous to the restriction of smoking (for the health of the public). I made the news on Channel 13 that evening.
HB2538, cash incentives to employers who offer new jobs at the median county wage or higher, was debated for hours. The essence of my Amendment was to address the need for consistency within the bill (originally, the use of average and median were intermingled). The change was made to use only median throughout the bill. My amendment to use average instead of median failed, however, my objective for consistency was met. Final action on this bill will occur on Monday.
My Committee Activities
Taxation:
This committee met on all three days. Testimony on HB2578 (for a county to obtain a loan from the pooled money investment board) exposes an unintended consequence of exempting machinery and equipment from property taxes. A large business in Montgomery County has protested their property tax bill claiming that 80% is machinery and equipment and thereby exempt. The case is being heard by the Court of Tax Appeals and is anticipated as likely to be heard by the Kansas Supreme Court. To cover the potential liability of having to refund taxes, the county is faced with the need to dramatically raise the property tax for individuals/businesses OR to get a loan in order to incrementally raise the taxes over 4 yea rs (the duration of the loan). If the Courts rule in favor of this company, it can be anticipated that many more claims will follow.
Testimony on HB2630 proposes to limit county property tax revenues to the previous year’s revenue level. The need to exceed would have to be approved by the voters. As a former County Commissioner I had to prioritize within the constraints of the budget. I cannot support having the state limit the authority of elected county commissioners. In my opinion, those who reside in the County have more power over 7 County Commissioners than over 63 Representatives and 21 Senators.
The last bill heard was HB2593 that would double the gallonage tax on beer, wine and liquor. The $22 million generated would be ear-marked for the Developmentally Disabled and for the Community Mental Health programs.
Health & Human Services
We met once this week and heard an informal presentation on HB2447 grants licensure to advance practice registered nurses under the Board of Nursing. This was not a hearing which means that the change will probably not happen this year. A presentation on HB2673, assessing a fee on nursing homes, was informational (see below).
Aging & Long Term Care
A hearing on HB2673 assesses a quality assurance fee, that is, a uniform bed tax. This proposal, an amended Medicaid plan, has a federal match. The Kansas Health Policy Authority would administer this Quality Care Fund (for a 1% fee) and would, in turn, have the distribution managed by the Kansas Department on Aging. A $4/day nursing home bed tax amounts to $ 2550/bed/year or $ 51.3 million to be matched by 129.1 federal dollars for a total of $ 186.4 million annually. The bill states that this assessment would sunset after 4 years, however, proponents with facilities in other states indicated that a fee sunset has not happened. This hearing continues next week.
Economic Development & Tourism
A presentation by Tom Thorton, President and Chief Executive Officer of the Kansas Bioscience Authority, emphasized the enhanced national visibility of this Authority. The National Bio and Agro Defense facility has attracted two more federal labs into Kansas. Collectively, these facilities will have a $ 3.65 billion economic impact for Kansas. For every state dollar invested, the return to the state’s economy is $ 7.52.
About 20 residents attended the Saturday, February 27th Community Forum at the Matt Rose Community Center. The two hour discussion focused on the challenges facing the Legislature. While our answers were descriptive and informative, all realize that, what we have is a work in progress.
I want to thank the subscribers who are sharing my newsletter with friends, neighbors and other Legislators. The feedback has been encouraging. I will continue with my format.
As always, you can contact me by e-mail (dfurtado08@gmail.com ) or by phone (913-341-3072) or in Topeka (785-296-7677). You can leave a comment on the web page: www.doloresfurtado.org