Dole Scholarships Available

Up to 128 scholarships of $1000 will be awarded to seniors graduating from accredited public or private Kansas high schools.  A student with a 3.0 grade point average or higher on a 4.0 scale who has been involved in significant volunteer community service projects, and is enrolling no later than the fall of 2009 in a Kansas Regents’ University* or Washburn University should consider applying for the Robert J. Dole Public Service Scholarship.  You can get more information and the link for the application by visiting:  www.sms.scholarshipamerica.org/senatordolepublicservice

.  The application deadline is March 9.

*University of Kansas, Kansas State University, Pittsburg State University, Fort Hays State University, Wichita State University, or Emporia State University.

Budget Bill signed, State Paychecks and Tax Refunds in the mail

As you have undoubtedly heard, there was an executive and legislative branch stand off last week in Topeka over the issuing certificates of indebtedness (transfers within state funds).  Each year at this time, cash flow often becomes an issue as the state awaits the inflow of cash from tax payments.  Certificates of indebtedness, requested by the Governor to meet this cash flow problem must be approved by the State Finance Council (the Governor and six legislators). The SFC must certify that there will be enough money in the state general fund to repay the certificates of indebtedness by the end of the fiscal year.  Because of the economic downturn, a record number of certificates have been requested ($775M). The Governor had not yet received the recission bill and without the cuts in the recission bill there was doubt on the part of some members of the SFC that the debt could be repaid.  This lead to speculation that the state would not meet its payroll and that tax refunds would be delayed.  Fortunately, the governor received the bill and quickly signed it, the SFC approved the certificates of indebtedness, paychecks for state employees were issued, tax refunds were mailed and the crisis was averted.

 

The recission bill (House Sub for Sub SB23) was signed by the Governor but included some line item revisions:

•    Lessened the K-12 education budget cut from a $66 cut in base state aid per pupil ($32M) to $33. 

•    Took out the additional funding for the Wichita Graduate Medical Education Program.

•    Limited transfers of funding for the Bioscience Authority to a maximum of $35M.

 

Bleeding Kansas Bio

Martin Franklin Conway   November 19, 1827- February 15, 1882

 

Born in South Carolina on November 19, 1827, Conway lived in Maryland.  During the 1840s while living in Baltimore, Conway became a printer, founded the National Typographical Union, studied law, and was admitted to the bar in 1852.  He moved to Kansas in 1854 as a Douglas Democrat and special correspondent for the Baltimore Sun. 

 

Conway was, at first, a Kansas-Nebraska Act enthusiast but became disillusioned with the popular or squatter sovereignty solution to the slavery issue as a result of the territory’s first, fraudulent election.  He was transformed, according to a friend, into “a convicted free-state man of the more radical Kansas stripe.”  He was remembered “as an earnest, devoted and very capable worker all through the territorial period, in the struggle fought out here to checkmate the aggression of the slave power, in its effort to extend its area over Kansas.”

 

He was chosen as a member of the first legislative council but resigned his seat.  Under the Topeka Constitution he was justice of the Supreme Court for the territory.  He wrote the resolutions that were adopted by the free-state convention of June 9, 1857 and was a delegate to the Leavenworth constitutional convention for which he was elected president. Conway was the first U.S. congressman to represent Kansas.  Elected in 1859, Conway commenced his single term when the state was admitted to the Union in 1861.

 

After the civil war, Conway was appointed consul to Marseille, France but his short, eventful life had a tragic ending.  While living in Washington, he was arrested for firing three shots at and slightly wounding a former Kansas senator, Samuel C. Pomeroy, claiming Pomeroy had “ruined myself and family.”  Conway subsequently was institutionalized at St. Elizabeth, a government hospital for the insane, in the District of Columbia.

 

Representative Deployed to Iraq

Representative Melanie Meier, newly elected Representative from Leavenworth and reservist in the National Guard, served her last day in the Kansas House on February 19th by carrying two bills (HB 2308  and HB 2267 dealing with military/veterans issues).  Having previously been called for service after 9/11 and post Katrina, this is her first service outside the U.S.  Melanie expects to be deployed for one year.  There will be an election by Democratic precinct chairs on February 23rd to elect her temporary replacement.

 

 

 

Bills, Bills, Bills

Saturday (February 21st) was “turnaround,

” the deadline for the House to act on most House generated bills.*   That means lots of bills were worked on the House floor last week…over 60 bills!  Here is a brief summary of some.  You can always go to www.kslegislature.org for more information on any of these bills.

 

*Of course, the House will still hear bills that originated in the Senate. The House can also still act on House bills that are “blessed” (those that passed through exempt committees) or those still to be worked in exempt committees.  Exempt committees include Federal and State Affairs, Appropriations, and Tax.

HB 2126 Cell Phone Location in Emergencies

 

This bill requires telecommunications providers to provide call location information in emergency situations.  This bill was prompted by problems encountered during the investigation of Kelsey Smith’s abduction and murder.  Most providers already provide this service but some did not.  This bill passed 118-1, I voted yes.

H Sub 2143 Graduated Driver’s License (GDL)

 

In the works for over 5 years, this compromise bill had the support of  AAA Kansas, the Kansas Department of Transportation, State Farm Insurance, Kansas Action for Children, the American Academy of Pediatrics, Farm Bureau, and the Kansas Department of Health and Environment.  The bill:

• Continues the requirement of 50 hours of supervised driving, 10 of which must be night driving, supervised by an adult at least 21 years of age.
• Provides that, until the driver is 16 ½ years old, the driver can: only drive between 5am and 9pm; not have non-sibling minor passengers; drive only to/from work or an authorized school activity; and not use wireless devices except for emergencies.
• Requires driver education for all drivers applying for a license before age 16.
• Suspends the driver’s license for 30 days for the first violation of this act, for 90 days for the second violation, and for one year for the third.
• Delays full licensure until age 17.
• Becomes effective date on January 1, 2010.
• Retains the farm permit for farm work and to/from school for 14 year old drivers.

Young, inexperienced drivers, particularly 16- to 17-year-olds, are significantly overrepresented in fatal crashes. Research by the National Highway Traffic Safety Administration tells us that immaturity and inexperience are primary factors contributing to these deadly crashes by young drivers. GDL laws address these factors by reducing high-risk exposure for novice drivers.  Forty-six States and the District of Columbia have a GDL system. Analysis shows that adopting GDL laws will lead to substantial decreases in crashes for this age group – anywhere between 20 and 50 percent.  For more information about GDLs go to the NHTSA website  (www.nhtsa.gov

).  This bill passed 103 - 16; I voted yes. 

HB 2165 Under Age Drinking

 

Under current law, it is unlawful to intentionally host minors consuming alcoholic liquor or cereal malt beverage.  This bill amends the definition of unlawfully hosting minors to include intentionally “or recklessly” permitting a person’s property to be used by minors for the purposes of possessing or consuming alcoholic beverages.  This strengthens current law to prevent parents from looking the other way while parties take place in their home.  This bill passed 118 -1; I voted yes.

 

HB 2077 Voter ID

 

This bill requires voters to show a valid photo ID that contains their name, photograph and signature before voting.  A voter who does not have an ID could sign an affidavit, subject to perjury and felony, and still vote.  It would be implemented in 2012 allowing for one voting cycle for voter education.  Advance voting is not addressed.  An amendment offered on the floor (changing the affidavit to requiring the person to cast a provisional vote) resulted in the bill being returned to the committee. A more restrictive bill was passed last year but vetoed by the Governor.

 

I would like to hear from you on this issue. The League of Women Voters opposed the bill.  They contend that there is no evidence of voter fraud and that putting additional requirements on voters for such a “problem,” discourages voting when we need to be encouraging voter participation. If you would like more information on this issue, try these links: http://www.ncsl.org/programs/legismgt/elect/taskfc/voteridreq.htm and http://www.lwv.org

 

 

HB 2193 Campaign Finance + 527 Amendment

 

Because campaign finance reports are now able to be submitted on-line and available on-line, this bill removes the requirement for double filing.  Reports must be filed with the Secretary of State but not with the county election office.  An amendment requiring campaign reporting by 527 groups was added to this bill, but on final action, the bill was sent back to committee.  I voted for the amendment and to pass the bill (not to send it back to committee).  This legislation would bring about much needed transparency on the part of some very influential groups currently operating in secret.  I hope it returns to the floor after committee discussion.

 

A 527 group is a type of American tax-exempt organization named after a section of the United States tax code, 26 U.S.C. § 527.  A 527 group is created primarily to influence the nomination, election, appointment or defeat of candidates for public office by advocating through a specific issue.  Because 527 organizations do not make expenditures to directly advocate the election or defeat of a specific candidate for elective office, they avoid regulation by the Federal Election Commission or by a state elections commission, and are not subject to the same contribution limits as PACs. The line between issue advocacy and candidate advocacy is the source of heated debate and litigation. Examples of 527 groups are Swift Boat Veterans for Truth, Texans for Truth, and ACT.

 

 

Bills Passed by the House From the Commerce and Labor Committee

HB 2142 Cities; continuing education requirements for plumbers, electricians, and certain mechanical contractors.

 

Under the bill, continuing education would consist of not less than six hours biennially or three hours annually of code education for renewal of a license. Such education could be provided by an expanded list of educational providers to include community colleges, technical schools, technical colleges, or any other approved provider. Cities and counties would not be able to impose restrictions on the number of providers of continuing education.  The bill passed 117 – 2; I voted yes.

 

H Sub HB 2339 Accountancy, Relating to licensure, registration, examination, peer review.

 

This bill provides for mobility of certified public accountants by allowing a CPA to gain practice privileges outside of his/her home licensing state without having to receive a license from another state.  Operating outside the CPA’s state of residence has become common practice; this bill eases practice mobility.  Supported by the Kansas Society of CPAs and the Kansas Board of Accountancy, this bill passed 102 – 17; I voted yes.

 

Bills Acted on by the House From the Health and Human Services Committee

HB 2010 Board of Healing Arts, record storage

 

This bill allows the State Board of Healing Arts to store, maintain, and transfer patient’s medical records after a providers’ license has been revoked or if the provider becomes incapacitated and has no plan for transfer of the records.   It passed 110 - 9; I voted yes.

HB 2162 Marriage and Family Therapists, licensure and fees

 

This bill was requested by the Behavioral Sciences Regulatory Board.  It allows an applicant for licensure as a marriage and family therapist who has not had the required 500 hour practicum to complete additional hours of direct patient contact in order to earn licensure. The application fee is raised while the license fee is lowered resulting in no net increase in fees.  It passed 115 - 4; I voted yes.

 

HB 2287 Health reimbursement arrangements

 

This bill allows small business employers who do not currently offer health insurance to contribute to an employee’s individual health plan without being considered a group policy.  The Insurance Commission opposed this bill fearing it would undermine group insurance plans.  The bill failed 57-62; I voted no.

 

Bills Coming to the House Floor Next Week

Sub for HB 2014, the more than 30 page 2009 energy/coal plant bill,

includes:

Green measures:

• Allows net metering for all types of energy (solar, wind, geothermal, etc.) through parallel generation or billing but leaves local restrictions intact; excess generation by the customer would be retained by the supplier; generators are limited to 100 kilowatts; customer generation counts toward the supplier’s RPS.
• Establishes renewable portfolio standards (RPS) of 10% renewable energy in 2010, 15% in 2015, and 20% in 2020.   (One megawatt of renewable energy is required for each 1.25 megawatts of energy produced, not a 1 to 1 ratio; energy efficiency is included; compliance is waived for certain circumstances; and municipal plants are excluded.)  Current voluntary agreements with both Westar and KCPL are more stringent than this.
• Requires fuel efficiency for state owned vehicles and state owned/leased space and equipment.
• Directs the writing of rules and regulations for compressed air energy storage.

 

Regulatory measures:

• Limits an emergency decree by the Secretary of Health and Environment to 72 hours unless confirmed by the district court, thus reducing the current emergency powers of the Secretary.  
• Limits the Secretary to enforcement of Clean Air standards no more stringent than the federal standards. (Since there are no federal CO2 standards, the secretary would not be allowed to regulate CO2.)
• Allows large electric cooperatives to remove themselves from KCC regulatory rates.

 

Other measures:

• Requires any public utility that builds a new electric generating plant to offer ownership of a portion of the facility or 15% of its capacity or 200MW, whichever is less, to any municipal or cooperative electric utility.  This is capped at a total of 200MW and must be split among all those requesting the energy.
• Establishes yet another energy commission. 

 

 

HB 2320 establishes a Rainy Day Fund

in which receipts in excess of the April Consensus Revenue Estimating Group’s projection are swept into a fund that can be spent by a vote of 63 legislators.  The bill recommends that no more than 50% of the fund be spent in any one year.

 

Jill’s Activities This Week:

Kansas Health Institute

Luncheon for Legislators, discussion “Personal Responsibility and Medicaid.”  This is the second in a series of briefings on health issues.

 

Friends of the Johnson County Library

provided box lunches and left information in my office.

 

Cats in the Capitol

celebrated K-State’s 146th Birthday by giving legislators and staff Bakery Science cookies and Call Hall ice cream.  Yummy!

 

Johnson County Delegation Luncheon with presentation by Johnson County Health Partnership and Reach Foundation

.  Great information about health care resources and needs in Johnson County.

Kansas Coalition Against Sexual and Domestic Violence

Reception where representatives from MOSCA informally discussed their programs and later received recognition for their Hospital Advocacy program as New Program of the Year.

 

 

Chat With Jill

Please join me this Saturday, February 28th from 1pm to 3pm at the HyVee

located at 87th and Pflumm.  Drop by and introduce yourself or stay for a while and chat.  This is very informal.  Drinks and snacks will be provided by HyVee.  Additional chats will be scheduled in March and April; specific dates will follow.

 

 

 

Representing you,

Jill Quigley
jill@jillquigley.com
785-296-7682 (Topeka)
913-541-9645 (Home)