The week began with three days of debating and adding amendments to bills. I pay close attention to the contents of the bill in order to evaluate whether or not the amendment is germane (it takes one member to challenge and the rules committee evaluates the germaneness).   The evaluation takes 15 to 30 minutes. If germane, we proceed with the debate and vote. If the amendment is added to the bill, such a change will now be referred to a Conference Committee (3 members from the House and 3 members from the Senate). These reports come back to each chamber for debate as presented and a vote taken.  Next week we may debate the budget proposed by the Appropriations Committee that includes several optimistic revenue sources and major cuts in expenditures. Despite all the shortfall in revenues, it ends with a $ 300 million dollar ending balance. Some think the debate on the budget will begin on April 28 after the revenues from Income Tax (April 15) are in and after the Consensus Revenue Committee projections are known. Time will tell.

 

There were many votes (amendments, bills, to concur or non-concur) made during the 3 days we were in session. I am covering the bills passed. If the e-mail is hard to read, go to my website under news.

 

HB2107: Allows current Air National Guard firefighters to elect to transfer from Ks Public Employees Retirement System (KPERS) to the Ks Police and Firemen’s Retirement System. Passed Unanimously.

HB2671: Amends law governing the investigative authority of the State Fire Marshal and would transfer the office of State Fire Marshal to the Insurance Department (creating a division administered by the State Fire Marshall but supervised by the Insurance Commissioner. Passed on 67-32 vote. I vote NO because State Fire Marshal is currently appointed by the Governor and changes to the Insurance Commissioner (elected official) confirmed by the Senate. The need for supervision of the State Fire Marshal was not adequately described. Specific problems with current system were not provided.

 

H substitute for SB213 (HB2530): Provides clarifying and updating language in the Rules and Regulations Filing Act as proposed by the Judicial Council. Passed Unanimously.

 

H substitute for SB373: Amends the law to clarify that all municipal ordinance violations, except for nonmoving traffic violations, require the municipal court to charge a $19 assessment. Passed 113-6. I voted YES because this statute deletes reference to crime when municipal ordinances are violated.

 

H substitute for SB394: makes educational institutions, state and federal agencies or any individual expert able to conduct short courses on the safe use of pesticides. Passed Unanimously.

HB2440 (as amended by House and Senate Committees): requires KS Dept of Corrections to notifycrime victims or victim’s family members when a defendant is diverted from the criminal justice system to SRS for competency evaluations. The House committee added notification of defendant’s family members. The conferees requested removal of defendant’s family. Passed Unanimously.

HB2449: concerns updating ways to eavesdrop and describes severity levels of such criminal activities. Passed Unanimously.

S substitute for HB2506: amends current law to clarify sentencing guidelines in computing proportionality factor (for crimes committed prior to July 1, 1993) compared to current guidelines.

Failed on vote 40-79. I voted NO because this now contained 2 additional House bills (HB2505 and HB2507) that had not been debated by the House.

 

HB2581 (amended by Senate and House Committees) changes probation or community correctional service fee to a Correctional Supervision fee; misdemeanor and felony fee increases. These fees go to a Correction Supervision fund (58.33%) and to the State General Fund (41.67%) and are not to be co-mingled with docket fees. Passed 118-1. I voted YES to the recommended changes.

 

 

HB2166: (Amended by the House): adds new definition to abortion statute dealing with late term abortions. Defines “bodily function” to mean physical function and that the term would not include mental or emotional functions.   Passed  89 - 33. I voted NO because of the elimination of mental or emotional status. With so much domestic violence, emotional and physical abuse happening, I cannot dismiss mental health considerations. I also know that late term abortions are against the law in Kansas. A visit to a Johnson County shelter, which supports women in crises, is something I will never forget.

 

Substitute for HB2428: allows grant funded streambank stabilization projects,, such as sediment loads in a water supply lake or reservoir; establishes standardized water quality and quantity data repository. The original bill created the Drinking Water Supply Lake Sustainability Fund. Passed 92 - 30. I voted YES for preserving our drinking water supply.

 

HB2620: creates Ks Firearms Freedom Act . Any firearm, firearm accessory or ammunition manufactured in Ks (clearly marked “made in Kansas” and that remain within the borders of the state is not subject to federal rules and regulation. Passed 95 – 27. I voted NO because I do not think we can enforce this law, that is be assured that a firearm made in Kansas will never cross the border into another state and, if it does, what will happen.

 

HB2666 (Amended by Senate and House Committees): increases several fees within the Ks Animal Health Dept related to sale of livestock.   Fees go into Animal Disease Control Fund. Passed 93 – 29. I voted YES for the fee increases because of the need to continue doing research.

 

Substitute for HB2669 (Amended by the House): creates Ks Employment First Initiative Act to bring programs and services to support employment of persons with disabilities; creates Commission to collect data for 2 years and report to the Legislature. House Committee made good changes.   Ks Act applies to employers with 5 or more employees; federal ADA applies to 15 or more employees. Conforming these laws makes Ks eligible for federal funds ($ 130,000/year). Passed 121-1. I voted YES.

 

HCR5032: This resolution was sponsored by 43 members of the House.   The resolution is a proposition to amend the constitution of the state of Kansas by adding a new article 16, concerning health care. To preserve the freedom of Kansans to provide for their health care: (1) a law or rule shall not compel, directly or indirectly, any person, employer or provider to participate in any health care system or purchase health insurance and (2) a person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for health care services. A health care provider may accept direct payment and not be required to pay penalties or fines. The debate was intensely focused on the National Health Care Reform Act passed by Congress and signed by the President. I listened carefully as I did during the hearings before the Health Committee. However, my vote was about adding an article to the Kansas Constitution and not improving the federal law. It was unclear to me that when the Kansas Constitution says an employer is not compelled to participate in the purchase of health insurance, what would happen?   Let us start with those who provide coverage: the state as an employer, or big corporations or small companies. Would it end? Be reduced? Or continue as is? Saying a consumer can pay directly without penalty or fine is no different than any other cash purchase. However, when you are well it works but will you be prepared to pay cash after a long hospitalization with surgery? If you do not have $75,000 in cash, will you have to get a loan or default? If so, bankruptcy and loss of assets are next.   If health problems continue, are you then eligible for Medicaid? If skilled nursing care is needed, will the state pay its match (along with the federal match) for this care? The lack of answers to these questions caused me to vote NO. I want to wait for the federal law to take effect and see what happens at the federal level. This resolution was voted on three times: each outcome was 75 – 47 thus FAILED to get the 2/3 vote.

 

House Substitute for SB 67: Amends crimes of mistreatment of a dependent adult, identity theft, identity fraud and possession of a firearm. Passed Unanimously.

House Substitute for SB83: changes the regulatory status of Naturopathic doctors from registrants to licensees (see HB2575). Passed 109 – 13. I voted YES because licensure protects consumers.

House Substitute for SB146: establishes procedure for computing retirement benefits for state employees (20 plus year worker) in the various retirement systems who are placed on furlough or have a reduction in compensation. Passed 118 – 4. I voted YES because the computing is based on the last 3 years of working and these people who may be getting cuts because of the budget crises.

 

House Substitute for SB293: extends life of school buses to 25 years with annual safety inspections.

Passed 116 – 6.  I voted YES because it extends the use of buses in urban areas where mileage is lower.

 

House Substitute for SB300: amends provisions relating to “Support Kansas Art” license plates; House  added three more distinctive license plates (Boy Scouts, Pet Friendly and Vietnam Veterans) plus prohibiting covers on any license plates with material that affects the visibility and reflectivity of the plates. To be in effect January, 2012. Passed 116-6. I voted YES.

House Substitute for SB313: establishes a limitation on the total amount of State General Fund backed bonds issued by Ks Development Financing Authority to 25% of principal balance of bonded debt per fiscal year. Passed 92 – 30. I voted YES because bonds will be made available for the NBAF project in Manhattan.

SB346: grants Secretary of Corrections 4 business days to notify the sheriff to convey offender to Dept. of Corrections for medical care & treatment. If 10 days or fewer remain in prison sentence, offender may be released. Passed 92 – 30. I voted YES because the costs shift from county jail to corrections (state pays).

 

SB368: amends the effective date of the penalty provision regarding third and fourth or subsequent convictions for driving under the influence to July 1, 2011. Penalties for refusing alcohol or drug test include adding an ignition interlock device to drive any vehicle. Passed Unanimously.

SB372: requires that orders establishing and governing guardianship or conservatorship, or both, issued by a court in any other state be given full faith and credit within Kansas. Passed Unanimously.

 

SB 382: amends statutes governing Ks Housing Loan Deposit program to include multifamily dwellings, rehabilitations of homes and new sale price limits. Passed  92 – 30. I voted YES to giving developers loans to offer lower priced housing.

SB410: amends statute to permit state agencies to accept debit cards. Passed 121 – 1. I voted YES.

SB446: creates Council on Efficient Government Act to promote privatization of government functions and operations. It exempts post secondary institutions. Failed 54 – 56.  Motion to reconsider also FAILED 53 – 61. I voted NO both times because I do not think we need to expand government and create another bureaucratic layer.

 

SB449: amends existing law on repairs, maintenance and inspection of medical gas pipe systems to be completed by a person licensed. Cities/counties, where permit requirements are in place, do not have new requirements. Passed  92 – 30. I voted YES because there has been an accidental injury to a person due to installation and mislabeling of installed pipes.

 

SB460: amends several statutes to clarify priority of certain orders concerning children in need of care and juvenile offenders. Passed Unanimously.

 

HB2566: Motion to Concur to amendment by Senate Committee. Starts with HB2566 (see previous descriptive) and adds fees for equipment cleaning and manufacturing of dairy products. Passed 112 – 10. I voted YES to creating revenue for maintenance of food safety during these times of budget cuts.

 

HB2685: modifies the Personal Family Protection Act (concealed carry law) pertaining to state agencies and municipalities. This law will clarify that carrying concealed weapons in state or municipal facilities shall not be prohibited unless such facilities have adequate security measures to insure that no weapons are permitted into the facilities; employees can carry under these conditions. A sign at the entrance does not suffice. Passed 65 – 57. I voted NO because this will be very expensive for cities and the county and hospitals in Johnson County to limit access to entrances equipped and monitored in order to keep guns out. The criminal will figure a way to circumvent security.

 

H Substitute for SB25: amends the continuing education requirement for BSW, MSW and specialist clinical social workers to have 6 hours of safety awareness training as part of the education for first time licensure renewal. Passed 99 – 23. I voted YES because of the tragic murder of a social worker in Johnson County prompted this legislation.

 

H Substitute for SB234: amends existing law concerning garnishments that attach to earnings of a judgment debtor along with rules and regulations. Passed 120 – 2. I voted YES.

 

SB265: concerns energy conservation and electricity generation, transmission, efficiency and air-emissions. Passed 120 – 2. I voted YES.

 

H Substitute for SB305: amends current law concerning the Ks Tort Claims Act and charitable health care providers (including licensed mental health practitioners). Ks Health Policy Authority operates the program. Passed Unanimously.

 

H Substitute for SB306: amends Personal and Family Protection Act (concealed carry) deleting a number of licensure requirements; reduces charges for licensure and renewals. Passed 102 – 15. I voted NO to reducing fees when the cost of fingerprinting, photos and maintaining records become more expensive.

 

H Substitute for SB310: allows for no marriage license fee be charged in poverty situation requiring applicant to have filed an affidavit. Passed 64 – 58. I voted NO because poverty was not defined (one or both; I do not agree that free divorce justifies free marriage license).

 

SB359: amends the special education catastrophic aid law by requiring any federal or state special education aid be deducted when computing the entitlement for catastrophic aid beginning in 2009-10. 

Also bill increases threshold for eligibility for catastrophic aid to twice the state aid paid per teacher beginning in 2010-11. In 2011-12 the minimum and maximum amounts of state aid for special education teachers must be in place. Passed 107 – 15. I voted YES because the bill benefits the Shawnee Mission, Blue Valley and Olathe school districts.

 

SB362: amends the continuing teacher contract law to allow school boards to adopt resolution for notice not to renew be given on or before May 15. Teacher deadline to non-renew is May 30. Passed 108 – 14. I voted YES so that the state budget can be adopted and schools know their funding status.

 

H Substitute for SB377: amends the Ks Fairness in Private Construction Act and Ks Fairness in Public Construction Act dealing with retainage (5-10 percent of funds kept from contractor or subcontractor) to encourage getting the project done. Passed 84 – 38. I voted NO because the changes do not address  the payment of suppliers.

 

H Substitute for SB381 defines the use of force to include threats (described previously). Passed 120 – 2. I voted YES.

 

SB388 amends the effective date in current law for risk-based capital instructions; requires Ks Health Policy Authority to conduct two studies. Amendment requires insurance optional rider to cover abortions. Passed 93 – 29. I voted NO because I don’t believe any woman plans in advance of becoming pregnant that she needs insurance coverage for an abortion. I suspect cash will work.

 

H Substitute SB427: provides tax amnesty to forgive penalties and interest in certain unpaid taxes; to be paid in full; all years through 2009. FAILED by 60 – 62. I voted NO because tracking unpaid taxes is expensive and funds (estimate $ 900,000)to support this work by the Dept. of Revenue are not included.

 

SB452: prohibits any person less than 18 arrested for possession, consumption, purchase of alcohol from being detained or placed in jail; can be held in juvenile detention for up to 24 hours. Passed Unanimously.

H Substitute for SB514: enacts the Community Defense Act regulating operation and location of sexually oriented businesses. Passed 106 – 16. I voted YES because this law does not apply to any city or county that has local ordinances or resolution in place.

 

SB519: allows payment of local violations by any means to the court; allows electronic signatures, communications etc. Passed Unanimously.

SB537 creates new law to deal with validity of liens when the court decides if fraudulent. Passed Unanimously.

SCR 1614. amends Article 11 of the Kansas Constitution to establish the Budget Stabilization Act and Debt Prepayment Fund in the State Treasury (Rainy Day Fund) and rules. Passed 102 – 20. I voted YES because it’s a good idea.

 

SB393: amends several sections of law administered by Ks. Dept. of Agriculture for revocation of a license would be subject to notice and an opportunity for a hearing. Passed Unanimously.

 

H Substitute for SB353: renames the existing crimes of trafficking and aggravated trafficking by placing human before trafficking; describes levels of severity. Passed Unanimously.

 

SB434: amends current law regarding unlawful sexual relations or contraband in a Correctional facility or care and treatment facility; describes levels of severity. Passed Unanimously.

 

H Substitute for SB214: prohibits a city from annexing unilaterally or by consent, a narrow corridor of land to gain access to non-contiguous land. Passed 118-1. I voted YES.

 

SB389: prohibits health insurer for setting fees for services provided by dentists that are not covered in a contract. Passed 114-5. I voted YES because dentists should be able to charge market fees for services not covered by the insurer.

 

Next week begins a month long recess (veto session: time when Governor can veto some of the bills we covered in this newsletter). You can read and track bills by going to www.kslegislature.org

 

If you want to subscribe to this newsletter, send an e-mail or enroll on the website.

 

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