It has been two weeks since my last newsletter and legislatively, things are picking up.  My committees are now meeting regularly to introduce and discuss bills, hear proponents and opponents to the bills, and hear reports from various agencies and boards for background information. 

From My Committees…

In Commerce and Labor, we are discussing HB 2315 which has to do with requirements for home inspectors.  I have heard from several constituents about this bill. It seeks to set minimum competency standards for home inspectors, require continuing education, establish a baseline limit on liability and create a fee-based registration board.  This bill is supported by the Kansas Association of Real Estate Inspectors Ltd.

In Health and Human Services, we discussed HB 2672 which moves the surveying and inspection of long term care units in acute care hospitals from the Department of Health and Environment to the Department of Aging where all other long term care units are currently administrated.  Licensing and risk management remain the responsibility of KDHE.

We also heard testimony on HB 2570 which expands the pool of qualified licensed professional available to provide home evaluations for adoptions.  Currently only licensed social workers can evaluate homes for adoptions.  This bill would also allow marriage and family therapists, professional counselors, and psychologists to conduct home studies.

We had a fascinating presentation by Paul Wooley, Ph.D., an orthopedic researcher, who discussed the expanded use of composites in medical devices in a collaborative project through the Center of Innovation for Biomaterials in Orthaopaedic Research involving universities (Wichita State University,KU, KSU, and Pittsburgh State University), Via Christi Hospital and Orthopaedic Research Institute, National Center for Aviation Research, Stryker, and others.

In Government Efficiency and Technology, the committee has sent HB 2730 to the chamber.  It is the nationally applauded Transparency Act which establishes an easily accessible website on state government spending. It was enacted as a proviso last session so work on the website has already begun.  If passed this bill will put it into statute.  The website should be functional by March1 and can then be accessed at www.kansas.gov.

The scope of this committee is broad.  Dealing with the efficiency side, the committee had presentations from various regulatory boards (Healing Arts, Dental, Cosmetology), a report from Wichita Graduate Medicine Education regarding workforce and funding needs, a presentation from KU Hospital and KU Medical Center regarding their affiliation which will include St. Luke’s Hospital, audit summaries from Legislative Post-Audit involving the Cosmetology Board, the Board of Nursing and the Board of Healing Arts and discussions on judiciary qualifications and disciplinary action.  On the technology side, the committee has learned about the KLISS strategic plan approved in 2004 with infrastructure currently being built as part of the Capitol renovations.  This plan will bring communications in the Capitol into the 21st century with web casts, public access kiosks, etc.  We also heard from the Division of Information Systems and Communications about the need for Unified Communications, a statewide plan to converge and integrate voice, data, and video communications into one compatible system.  Exciting stuff but very technical!

By the way, the proceedings of this Government Efficiency and Technology committee can be viewed live online at 3:30 Monday through Thursday.  Simply go to www.kslegislature.org and click on virtual committee, “watch or listen/live audio.”

Bills Weeks 3 and 4…

Four bills have been enacted by the House.  Here is a brief description of each one:
HB 2641 eliminated the property tax deduction for residents of any state that does not give Kansas residents the same deduction.  Vote:  118 Yes   0 No   I voted  YES. 

Note:  In response to this legislation, Missouri hurried a tax repeal bill through their chambers and re-established the deduction given to Kansas residents.

HB 2071 named sections of six highways as memorial highways in honor of veterans of our nation’s wars.  Vote:   107 Yes   10 No   I voted YES.

SB 366 allows Municipal and District Courts to add a $5 fee to traffic violations to cover the cost of mailing out notices.  Vote:  107 Yes   15 No   I voted YES.

HB 2683 provides for an alternative, condensed election process for a Kansas vacancy in the office of US representative in emergency circumstances.  In case of 100 or more vacancies, the time frame is shortened.  Vote:  120 Yes   0 No   I voted YES

Three measures are awaiting final action next week:
SB 157 requires the Department of Wildlife and Parks to purchase liability insurance for watercraft used by the agency providing liability for agency personnel and others.  It will cost the department an estimated $27,000.

HB 2637 removes the cap on plain phone service for AT&T and Embarq in 24 additional areas* now found to be competitive (having at least 2 additional providers) and provides safeguards to consumers to protect that competitiveness.  The bill also automatically enrolls low-income users in a federal and provider-funded discount phone service program.  The average phone bill for low-income users will drop from $22 to a little more than $4.

*These companies are already deregulated in Johnson Co, Wichita, and Topeka.

SB 49 requires interconnected VoIP (voice over internet protocol) service providers to contribute to the Kansas Universal Service Fund.  Currently, every telecommunications public utility and wireless telecommunications service provider that provides intrastate service must contribute to the fund.  VoIP service providers benefit from their access to the wireline network without contributing to it financially.  This will increase funding to the KUSF.

If you would like more information on any of these bills, go to www.kslegislature.org and type in the number of the bill.  You can then either click on “supplement” to get the summary of the bill which is usually very readable and understandable or click on “full bill” to read all the details.  Clicking on “fiscal note” will show the estimated cost of the bill to the state.

Caucus vs. Primary…

Lots of people contacted me last week complaining about the long lines, disorganization, and disenfranchisement of those unable to make it to the Democratic caucus locations.  Because each party is responsible for its own caucus, please contact the Democratic party  at kdp@ksdp.org with your suggestions.  It was the decision of the legislature to hold a caucus instead of a primary because of the cost---an estimated $1.5 to $2 million cost for a state primary.  This year’s unusually large turn out for the caucus vote (especially for the Democrats) definitely strained the system.

Holcomb Power Plant…

Of course, the issue looming over the legislature is the coal-burning power plant proposed by Sunflower Electric Cooperative (with Tri-State from Colorado and Golden Spread of Texas).

Background in brief:  Sunflower Electric Cooperative wants to build two 700mgw coal-fired power plants in Holcomb, Kansas near the site of its current 360mgw plant.  Sunflower would keep 200MW of electricity and sell the remaining electricity to Tri-State (800MW) and Golden (400MW) who are also helping to fund the project plus transmission lines and an east-west connector which allows Kansas to sell to the western grid.  In order to build, Sunflower needs a permit from the Kansas Department of Health and Environment.  Although Sunflower met all current emission standards, Sunflower’s application for this permit was denied by KDHE Secretary Bremby who cited concerns for the public’s health because of CO2 emissions, a currently unregulated green house emission thought by many to contribute to global warming.  The decision has been appealed to the Kansas Court of Appeals.

Not content to let the court decide, two bills have been simultaneously introduced in the House  (HB 2711) and the Senate (SB 515).  The bills limit the power of the Secretary of KDHE to consideration of only existing standards when issuing permits and allows Sunflower to ask for an immediate new decision under the new statute…thus assuring Sunflower of their permit to build.  The bill also has a number of “green” and potentially ground-breaking additions but it is difficult to determine the actual power behind these additions.  Some of these include:  establishing the first ever CO2 emission standard, requiring new state and school buildings to meet higher efficiency standards, offering a cap and credit system for CO2 emissions (credits include investment in alternative fuels, additional CO2 removal technology, agricultural options, as well as $3/ton payments which would be used for energy efficiency programs).

Without significant changes, the Governor is expected to veto the bill.  She has, however, offered an alternative plan for a single 660MW plant with Kansas’ needs receiving priority, a commitment for 20% wind power and 100MW of energy efficiency, and net metering allowed in the Sunflower service area.

Hearings were held last week with two days of proponent testimony and two days of opponent testimony.  In the end, no one seemed satisfied with the bill.  The bill was scheduled to be worked in the House Committee on Energy and Utilities on Friday but instead was put on hold.

This is a difficult issue.  Western Kansas needs more baseline power within the next 5 years; I think everyone agrees on that point.  Natural gas is unpredictably expensive in an area where electric bills are already much higher than our area.  Wind is plentiful and being developed but cannot yet be considered for baseline power.  Nuclear power is 10-20 years in development.  Coal may still be necessary for baseline power.  I think the variables are how much to build, how clean can we make it, and how can we decrease the need for power with energy efficiency and by using alternative fuels.  Carbon emission standards are coming.  Perhaps energy efficiency and alternative fuel use could buy us time until the standards are set.  Rehabbing an existing coal plant is costly and would add to the cost of western utility bills.  This legislation is still very much in flux.  I have gotten a lot of input from constituents on both sides of this issue with more expressing concern for the environment and opposing the building of the coal-fired power plants.  I appreciate your input and will keep you updated.

There will be a free lecture by polar explorer, Will Steger, at Johnson County Community College-Regnier Center (RC101) on Tuesday, February 12th at 7pm.  Steger will provide a nonpartisan, solutions-oriented approach to global warming.  J. Drake Hamilton, Science Policy Director of Fresh Energy, will also speak on clean energy solutions.

Ruling on Gaming…

On February 1st, Kansas District Court Judge Charles Andrews ruled that the Kansas Expanded Lottery Act (KELA) is constitutional.  The KELA, enacted last year, authorized a state-owned and operated lottery involving lottery and racetrack gaming facilities.  Judge Andrews ruled that the state has complete power over the casino manager and owns the software that operates the games played thereby fulfilling the requirements.  The decision will probably be appealed to the State Supreme Court.  We await this decision because the Governor’s budget includes $81 million in gaming revenues that will only be available if gaming is allowed to proceed.

On a Lighter Note…

It is not all business on the chamber floor.  Some tidbits you might find interesting:

 On January 29th Representative Candy Ruff gave a rousing speech about the history of the first Kansas Day.  To celebrate joining the union, townspeople in Leavenworth pointed their old Kickapoo cannon towards Missouri, loaded it with Territorial Statue books from the pro-slavery legislature and shot it over and over again!

During session on Kansas Day, members of the House participated in a long-standing tradition of singing “Home on the Range” …I have to admit, it gave me goose bumps!

Then a legislator who was a KU fan treated everyone to a review of the history of the KU-KSU basketball rivalry.  This was followed the next day by the celebration of KSU’s first home victory over KU in 25 years by the KSU supporters.  All legislators received to our own copy of the Manhattan newspaper sporting photos of the celebration!

Two Trailridge Middle School students, Tara Chase and Katie Tarne, were my pages on Thursday, January 31.  They had their photo taken with the Governor, took a tour of the Capitol, and ran errands for legislators during session.  We had lunch together as we listened to a presentation sponsored by the BioScience and Technology Caucus.  If your student is 12 years old or older and would like to spend a day at the Capitol as a page, please let me know.  I have openings for Tuesday, March 25*.

*Note this corrected date.

Kudos to Mr. George R. Gomez on his recent appointment to the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention.  Congratulations!

Please contact me if I can answer questions or help you in any way.  While I am in session (January 15-May 15), I can be reached at: 

300 SW 10th Avenue
L26/27 Docking
Topeka, KS  66612
785-296-7680
jill@jillquigley.com