Week March 8-12, 2010 Issue 10

Dolores Furtado’s Legislative News Week of March 8 -12,2010 Issue 10 This week was a busy one with many bills worked in committees as well as in the House. The highlight of the week occurred on Friday, March 12 at 10 a.m. with the Governor’s signing of the Clean Air Act. People from many organizations who had worked on this project were present and added to the celebrative atmosphere. Senator David Wysong who started the effort over 4 years ago was among those who witnessed the signing. The House leaders , Lisa Benlon (got 45 Democrats votes)and Charlie Roth ( got 23 Republican votes,) were also recognized. I enjoyed seeing many of our Johnson County residents who began their work in Johnson County over 6 years ago. It was a wonderful occasion for the many Kansans who, through their testimony and communications, pushed forward the effort to achieve a statewide smoking restriction.

In the HOUSE

Among the bills that passed unanimously:

SB398: amending the Kansas Corporation Code

SB489: concerning contact lenses and ways for distant delivery

H sub HB2345: allowing incorporation of long term care insurance into annuities

HB2676: concerning employment security law

HB2691: concerning budget estimates of state agencies

SB451: concerning municipal bonds accepting cash for good faith deposits

HB2323: concerning water service and property annexation

SB376: concerning reference name change

SB396: concerning the laboratory equipment fund for use by Dept. of Agriculture

SB440: relating to registration of insignias with Secretary of State

Bills with fewer than 5 nay votes for which I voted YES:

HB2678: memorializes a segment of U.S.Highway 59

HB2704: facilitating consolidation by small school districts

SB438: eliminating requirement that business trusts file balance sheet with Secretary of State

HB2283: concerning water service and property annexation

SB497: Clarifying language on non-criminal sporting/working knives (non switch-blade)

Bills that passed with my vote explanation:

HB2560: concerning Kansas Real Estate Brokers’ and Salespersons’ Licensure Act. Passed.

I voted YES in support of changes regarding hearings and increased fee caps for licensure.

SB 409: establishing passenger rail service south to Oklahoma through to Fort Worth. Passed.

I voted YES in support of promoting passenger rail service.

HB2390: regarding insurance coverage and use of credit scores. Passed.

I voted YES for consumer protection during these tough economic times.

H sub SB200: creating a 1% privilege fee on Health Maintenance Organization. Passed.

I voted YES because the HMOs requested this fee for use for state Medicaid match.

My Committee Activities

Taxation

The week started with testimony in opposition to HB2682. According to the Department of Revenue the fiscal impact of the income tax deductibility of employer contributions and employee deductibility of premium payments for the purchase of individual health insurance plans would fall between $ 27 and $108 million dollars in lost income tax revenue. This broad range depends on the extent of deductibility of premiums and employer contributions. The Insurance Department’s concern is the potential erosion of small group plans now offered to clustered small businesses. Another concern is the appeal of individual plans to young, healthy workers would likely cause premiums for group plans to increase to cover older employees or employees with pre-existing conditions. This situation concerns me when demographics show that unemployed older adults may need to work or want to defer retirement. Even with Medicare Part A coverage, the costs of the supplements are considerable.

HB2578 provides for certain counties facing a significant shortfall in revenue from property taxes paid under protest or other unanticipated disaster to obtain a 4 year loan(up to $ 50 million)from the Pooled Investment to be paid back with interest. Bill passed out of committee favorably by voice vote. Taxation

HB2630 links, in an inverse fashion, property appraisals and mill levy in order to maintain a constant revenue level and thereby limit spending by county and city governments. New construction and indebtedness obligations are exempt and state mill levy is unchanged A lengthy discussion plus added amendments resulted in a bill that permits budget growth by allowing an increase that reflects the percent increase of the national Consumer Price Index Urban; require publication of proposed budget for residents to review; any increase in property taxes could be subject to a protest petition within 60 days (signatories to come from 5% of voter participants in most recent past general election for Secretary of State) basis for voter approval in an election. The bill passed 13-7. I voted YES because I thought that local governments could plan budgets within the constraints described in the amended bills. However, subsequent discussion alerted me to the possibility that in the House amendments could be introduced which would take us back to the original bill or worse!

HB2519 Motion to reconsider withdrawn.

HB2593 doubles the gallonage tax on beer, wine and liquor including inventory that is projected to render $37 million annually. The proposed tax revenue would be split between Developmental Disabilities and Mental Health. Motion was made by Kay Wolf to move HB2593 without recommendation. The discussion focused on the likelihood of a fund sweep by Appropriations and on the impact of such a tax on sales along border counties. Motion made to table indefinitely was passed by voice vote.

HB2630: Motion to reconsider was introduced. Discussion included role of elected local officials; inclusion of Community Colleges, vocational-technology schools and school districts. Motion to reconsider passed by 12-8 vote. I voted YES because I believe locally elected County Commissioners and City Council members should set budget priorities. Locally elected officials are more directly held accountable by their voters than are the 63 Representatives and 21 Senators who approve a bill that limits spending by counties and cities.

HB2496 is about tax credits for historic preservation projects. Arlen Siegfreid introduced House substitute for SB430 saying it dealt more favorably with cuts and caps. These projects were portrayed as job creators and a quick return on investment. The bill was amended to include the Kansas Center for Entrepreneurship in Wichita. The bill was passed by voice vote.

HB2682 deals with small business health insurance plans. If an employer does not offer a group plan, an employer can make a contribution to the employee’s individual purchased plan (paying either a percentage of salary or a specific monthly contribution). Both employer and employees can deduct the premium costs from their income tax liabilities. Even if the employer offers a small group insurance plan, employees who choose to purchase the individual private pay plan and get the tax deduction may get the employer contribution. I don’t like the option because of the unintended consequences. With individually purchased plans, the risk remains with the individual (premiums can precipitously increase with an illness). To leave the plan with a pre-existing condition makes future purchases of insurance too costly or impossible. The proponents of this option included Arlen Siegfreid, Marvin Kleeb and Kay Wolf. Opponents included Lisa Benlon, Gene Rardin and myself. The vote to pass the bill out of committee was 11-9.

Health & Human Services

HR6017 acknowledges that obesity among African Americans, Latinos and American Indians is a national issue. In Kansas we need to develop outreach programs that emphasize nutrition, physical activity and the health consequences associated with obesity.

SB491 The hearing on this bill focused on issuance of Special Permits (for 90 days supervised by licensed respiratory therapist) and Temporary License (licensure for up to a year until satisfying the Board exam). This discussion was very convoluted and raised more questions about the topic relative to licensure of all medical providers.

HB2288 concerns transparency in the pricing of medical procedures to enable a potential consumer of services to obtain an estimate of the costs and thereby make an informed decision. The barriers to such a change include antitrust laws prohibiting discussion of charges among the providers; insurance coverage contracts that include but not limited to deductibles, co-pay and proprietary information regarding negotiated prices by different insurance companies; the economic status of consumer; bankruptcy. After 50 years of Insurance companies, progress in this area will be slow.

SB500 makes a technical correction to existing statute to allow health care providers with doctoral degrees to retain use of the academic title (or initials) on business cards and stationary. SB475 regulates the licensure of funeral directors for disposal of human dead bodies; permits cremation by licensed personnel in the crematorium; and acknowledges role of persons who interact with families in arranging for cremation without the involvement of the funeral director.

HB2118 requires that social workers take 6 hours of safety awareness training as a component of their 40 hour continuing education requirement. Further training in safety awareness are to be included in the Continuing education courses.

SB490 concerns the licensure of physical therapists. This bill creates two new licensure categories: exempt and federally active.

SB491 concerns issuance of temporary licensure for respiratory therapists.

SB508 concerns distinct requirements for suppliers who sell healthcare discount cards. Both annual notices and suriety bonds must be filed with the Secretary of State.

SB262 amends the statutes that deal with Emergency Medical Services. Titles and scope of practice descriptions are among the changes.

Aging & Long Term Care

House substitute for SB43: A gut and go procedure was utilized to work HB2118 to require social workers to have 6 hours of safety awareness training as part of the Continuing Education Units needed to licensure. Bill passed favorably by voice vote.

Economic Development & Tourism

SB54 concerning the creation of a Capitol Preservation Committee to oversee and approve future proposal s for artistic displays and redecoration/reconfigurations within the capitol or surrounding grounds upon completion of the current reconstruction project (January, 2013). The subcommittee report was amended and passed favorably by voice vote. A presentation on the Post Legislative audit findings on tax credits and sales tax exemptions was made to the committee.

While in Overland Park this weekend, on Saturday I attended the Eggs & Issues breakfast sponsored by the Overland Park Chamber; I had a great chat with a constituent on a variety of topics at the HyVee on Saturday afternoon and on Sunday attended the movie:” What’s the Matter with Kansas?” sponsored by MainStream Coalition. If you would like for me to talk to a group please contact me. There is much to talk about and I do want your views and opinions.

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