Death Penalty

The death penalty was re-established in Kansas in 1994 but no one has been put to death in Kansas since 1965.  Since the 1994 law, 107 cases have been filed with charges under the capital murder statute. To date, 26 death penalty trials have been completed, 12 resulting in the death sentence. The cost for the defense of these cases through Feb. 23, 2009 was $19.9 million.  Current law reserves the death penalty for intentional and premeditated killing involving kidnapping, rape/sodomy, victim under 14, multiple victims, victim is a police officer or in a correctional facility.  In 2004, the sentence of life in prison without parole was established.  Senate Bill 208, which eliminates the death penalty, was considered by the Senate Judiciary Committee last session and will likely be considered again.  For more information: www.kslegislature.org/postaudit/audits_perform/04pa03a.pdf

Rainy Day Fund

In 2009, HB 2320 was passed by the House but not considered by the Senate.  During times of surplus, the legislature would be required to put any funds not allocated in the budget into a special savings fund which could only be spent by a majority vote of the legislature, in other words it would not roll over into next year’s budget but be kept in a special fund.

Transportation Plan Funding

Funding for Development Disabilities and Mental Health Programs

The liquor gallonage tax is imposed upon the person who first manufactures, sells, purchases, or receives the liquor or cereal malt beverage (CMB). When the liquor storeowner purchases a case of wine from a distributor, the 30 cents per gallon tax has already been built in as part of that store owner’s acquisition cost. Gallonage tax receipts in FY 2008 were approximately $20.7 million. Of this amount, over $10.7 million was attributable to the beer and CMB tax ($.18 per gallon). The gallonage tax has not been raised since 1977.  Two areas that seem to be perennially under funded are mental health services and services for the developmentally disabled.  An estimated 4000 individuals are on the waiting list for services for the developmentally disabled.  When the disabled “age out” of the educational system at age 21, services that offer productive work opportunities, structured activities, day care, or continued learning are limited.  Individuals struggle to maintain their independence and productivity while family members try to continue jobs and still provide supervision and care.

Mandated Insurance Coverage
Should Kansas require (HEALTH) insurance companies to cover:

Statewide Smoking Restriction

The Senate passed SB 25/HB 2221 but the bill remains in conference committee with action on the bill likely this session.  The bill prohibits smoking in all enclosed public places except designated smoking areas in adult care facilities and long-term medical care facilities, A & B licensed clubs, 20% of hotel rooms, and the gaming floor of casinos.  According to the CDC, second hand smoke kills 400 Kansans each year.  Kansas Medicaid spends $196 million annually for tobacco-related illnesses. Twenty-seven states have statewide smoking restrictions, the most recent being North Carolina. States currently regulate sanitation, water quality, radiation, asbestos, and other areas in order to protect the public’s health and safety. Some object to the states’ regulation of private business saying that individuals can and do choose whether to enter a smoking establishment.

Cuts to Agencies

Budget Cuts v. Enhancements

Cuts to Education

K-12 school funding makes up 51% of the state general fund expenditures.  The Kansas Supreme Court in Montoy v. the Board of Education mandated that the legislature must fund a “suitable” education.

Because I believe that the need for education does not fluctuate with the economy, because quality schools in Johnson County are essential to our growth and economy, and because educated children are our future, I have voted to minimize cuts to K-12 school funding.

Abortion

After 22 weeks, two physicians must certify that the abortion is 1) necessary to preserve the life of the pregnant woman; or (2) the fetus is affected by a severe or life-threatening deformity or abnormality." There are many reporting, consent and information requirements.  No partial birth abortions have been performed in Kansas since 1999.  See http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=27156  (and subsequent pages) for current Kansas law and www.kdheks.gov/hci/abortion_sum/08itop1.pdf or http://www.guttmacher.org/pubs/sfaa/kansas.html for current Kansas abortion statistics.

Primary Seat Belt Laws

Current law does not require adults in the back seat to wear safety belts, and a law enforcement officer can stop a vehicle and issue a citation for failure to wear a safety belt only if another law has been violated.  A Primary Seat Belt law, HB 2130, was passed by the Senate but failed twice in the House during the 2009 session. The bill would amend state law to require every occupant of a passenger vehicle to wear a safety belt and to allow a law enforcement officer to stop a vehicle for violations of safety belt requirements by anyone in the front seat and by anyone under age 18.   States with a primary seat belt law receive additional federal money---$11M in 2009.

Cell Phone Restrictions