“The State of the Judiciary,” Joint Session 2009

The newly appointed Chief Justice of the Kansas Supreme Court, Robert E. Davis, addressed both the House and the Senate on February 10th.  Some interesting points:

• The Kansas Supreme Court will hear oral arguments in March.  All oral arguments are open to the public and can also be heard online at: www.kscourts.org.
• The Self-Represented Study Committee was established in 2007 to assist litigants who represent themselves.
• You can now view court actions and records online.
• Judicial performance evaluations were published for the first time last year.  Available online, these evaluations give voters much more information about their judges.  The evaluations are based on surveys mailed to attorneys, jurors, witnesses, staff and others who had contact with judges who were on last November’s ballot.  You can see these evaluations by going to www.kscourts.org.
• Justice Davis shared this quote from Thomas Jefferson: “Man’s capacity for justice makes democracy possible.” 

2009 Recission/Budget Conference Bill Passes House and Senate; Sent to Governor

After many hours of wrangling, the House-Senate Conference Committee produced a compromise recission/budget bill.  With minimal debate, the bill was passed by the House (70 to 51) and the Senate (29 to 11).  I voted yes.  Here are the details:

• Reduces the fiscal year 2009 budget for most agencies by 3%
• Reduces K-12 funding by 1%, in addition to the Governor’s freeze; a reduction of $66 in base state aid per pupil
• Reduces the machine and equipment slider by 6.5% and pay out in two payments, March 2 and June 1.
• Adds $2M in funding for the physical disability waivers creating a rolling waiting list
• Repays the city county highway fund in 2011
• Pays $2.9M to the Wichita Center for Graduate Medical Education (additional residency slots)
• Restores $2M to Kansas, Inc. and KTEC for economic development

With a $200M budget deficit in January and five more months left in the fiscal year, adjustments of at least $300M seem prudent.  It is extremely difficult to cut a budget that an entity is currently using; workers are hired, salaries are agreed upon, benefits established, supplies have been purchased.  The principles which guided these decisions were:  minimize cuts to schools and social services, continue to support entities that successfully stimulate the economy, avoid shifting the funding issues to local government, don’t count on the federal stimulus package. No piece of legislation of this magnitude meets all of your personal goals.  I personally would have preferred fewer cuts for education and added money for the developmentally disabled. The legislature now turns to the 2010 budget with an even greater projected deficit and awaits the Governor’s approval, veto, or line item veto of the 2009 budget.

Energy Bill Revisited

The Energy and Utilities Committee has been busy evaluating over 30 bills.  Split into four subcommittees, the entire committee is now assembling one energy bill expected to include net metering (crediting the consumer for locally generated energy from wind or solar), transmission lines, energy efficiency measures, renewable portfolio standards, and regulatory limits.  These items were included in last session’s coal plant bill and are going to be a part of a new coal plant bill this session.   Secretary Bremby recently released a statement clarifying the position of the Kansas Department of Health and Environment on air quality permits in the state.  In an attempt to reassure nervous agricultural and non-energy manufacturing CO2 emitters, Bremby stated:

“To protect the health of Kansans and the environment, it is KDHE’s policy to review the carbon dioxide emissions of new baseload electric generating units (EGUs) as part of the permitting process.  In connection with applications for new baseload EDUs, KDHE is reviewing projections of carbon dioxide emissions and requiring measures to reduce or offset these emissions  Under this policy, no other permit applications are subject to carbon dioxide analysis as part of the permitting process.” (emphasis is mine)

Stay tuned.  We should be seeing some legislation on the floor of the House soon.

Resolution 6007 Commending and Honoring Gene Amos

Former State Representative Gene Amos of Shawnee was recognized in both the House and the Senate with the following resolution:

WHEREAS, Gene Amos has resided in Johnson County since 1945; and
WHEREAS, Gene Amos joined Rotary in 1952 and has served Rotary in many ways including service as Club President and District Governor; and
WHEREAS, Gene Amos is a charter member of the Shawnee Optimist Club, whose slogan is ‘‘Friend of Youth’’, and served in many ways, including being the club’s first sec- retary-    treasurer and later as District Governor; and
WHEREAS, Gene Amos was elected to the Shawnee Grade School Board of Education and served for 6 years prior to school district unification; and
WHEREAS, Gene Amos was elected to the Shawnee Mission Board of Education following unification and served from 1969 to 1975; and
WHEREAS, Gene Amos was elected to the Kansas House of Representatives and served three terms from 1987 to 1993; and
WHEREAS, Gene Amos has been ‘‘of service’’ to many businesses, civic, faith, fraternal, historical and patriotic organizations in Shawnee and Lenexa in numerous ways; and
WHEREAS, Gene Amos exemplifies Rotary’s two mottos: ‘‘Service above Self’’ and ‘‘He profits most who serves best’’ in all that he says and does; and
WHEREAS, Gene Amos, by example, instills in all whom he meets the value of service to others as a worthy pursuit: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we recognize Gene Amos to be an outstanding citizen of Kansas and our country and as a role model for
all who aspire to be ‘‘of service’’.

Bleeding Kansas Bio:

Thomas W. Barber---February 10, 1816 -December 6, 1855

Originally from Pennsylvania, Thomas W. Barber was the son of Thomas and Mary Oliver Barber. He came to Kansas Territory in 1855 from Richmond, Indiana, where he was a manufacturer of woolen cloths.

Once in the territory, Barber took a claim north of the Wakarusa River (Bloomington vicinity), some eight miles southwest of Lawrence. Being a sober, honest and industrious citizen, he made friends among his neighbors.

Early in 1855, when the pro-slavery forces were threatening Lawrence he decided to go to the assistance of the town during the so-called “Wakarusa War”. He had a wife, who seems to have had a premonition of impending danger and begged him to remain at home, but he laughed at her fears and set out on horseback unarmed for Lawrence with the company of his brothers Robert and Thomas M. Pierson. They were about 4 miles from Lawrence, when they saw a party of 14 horsemen approaching, two of whom rode on in advance of the others for the purpose of holding a parley with Barber and his companions.  The two men, who were agents of the pro-slavery party tried to induce the Barbers and Pierson to join them in their cause, and meeting with a refusal, one of them drew his revolver and fired twice, mortally wounding Thomas W. Barber.  Barber concealed the fact that he had been shot until they had ridden about a hundred yards, when he informed his brother, who at first thought such a thing was impossible, but a few minutes later the wounded man was seen to reel in his saddle.  His associates eased him to the ground, where a little later he breathed his last breath.  His body was taken to Lawrence where he became an instant martyr.

This incident influenced Governor Wilson Shannon to increase his efforts to work a truce between the two factions who stood on the brink of open warfare. The following year T. W. Barber's brother Oliver moved to Kansas where he was active in territorial and state politics, serving as a Douglas County commissioner and in the territorial and state legislatures.

Jill’s Activities:

, students from Trailridge Middle School, spent the day as pages at the Capitol on February 9th.  We had our pictures taken with the Governor and had lunch with their KATS Sponsor, Chaussee Druen.

Advocacy Luncheon with many of the 125 community hospitals represented.  Did you know that St. Luke’s Hospital has a network of community hospitals across Missouri and Kansas?

, Social Justice Coordinator, Sisters of Charity of Leavenworth discussing the death penalty and immigration.

, discussing cock fighting legislation and the transport and slaughter of horses.

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.  Discussed upcoming legislation and issues affecting their business.

Luncheon discussed transportation hopes and issues.

Reception, informal talk and video.

Bills Passed by the House

The Commission on Judicial Performance was created in 2006, is supported by docket fees, and was scheduled to sunset in 2010.  This bill extends the sunset to 2013. 

Changes the Real estate Broker’s License Act to redefine “office,” to pursue disciplinary action even if the licensee is not engaged in a real estate transaction, and to expand the list of those protected from harassment from a licensee.

Amends current law to authorize selection of one or more alternate jurors in a criminal case to be selected at the same time as the regular jury is being selected.  Under current law, the alternate juror or jurors are selected after the regular jury has been empaneled and sworn.  The bill would leave it to the discretion of the judge to decide whether the alternate juror or jurors are selected at the same time as the regular jury or after the regular jury has been empaneled and sworn.

A concurrent resolution encouraging the Kansas State

Historical Society to develop a plan to commemorate the sesquicentennial of the admission of Kansas to the Union.

Enacts new law to specify that transfer fee covenants recorded on and after July 1, 2009 can not run with the title to real property and would not be binding or enforceable in law or in equity against any subsequent owner.

Committee Activity

Health and Human Services

Hearings on several bills dealing with small business health insurance.

Directs the KHPA to apply for waivers for Medicaid and Medicare to include health savings or health opportunity accounts.

Allows employers to contribute to individual health plans without being considered a small group plan.  Changes provisions of KSA 40-2209b through 40-2202o.

Bypasses the Kansas health mandates allowing insurers to offer individual policies that do not include one or more of the mandated benefits.

Commerce and Labor

  The following changes were made to the existing statute:

•    The Secretary of State was removed as the keeper of records.

•    The fingerprinting and background check requirement was removed.

•    The use of an assistant was clarified.

•    The board chair must be a home inspector.

The bill was passed out of committee.

Transportation and Public Safety Budget Committee

were completed last week.  Our committee discussed the governor’s recommendations and the agencies’ requests and made recommendations, which were sent to the House Appropriations Committee.

were presented.  Our committee discussed the governor’s recommendations and the agencies’ requests and made recommendations, which were sent to the House Appropriations Committee.

was started.

Congrats to National Champs

was recognized in the House last week.  The Grizzlies were the NJCAA 2008 National Football Champions, the first ever, two-time back-to-back National Champions.  Congratulations!

I appreciate hearing from you,
Jill Quigley

Representative, 17th District

In Topeka:  785-296-7682

Home:  913-541-9645

jill@jillquigley.com