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You are here: Home Jill's Journal 2009 March 17, 2009
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March 17, 2009

Opportunities to Influence the Process

Here are three issues that are currently in House committees: 

  • the Indoor Clean Air Act, 
  • the minimum wage bill, and 
  • the 527 campaign finance reform bill.  

The Chairmen will be deciding whether to advance the bills (whether to “work” the bills in committee).  If you have an interest in any of these bills, consider contacting the chairman to voice your opinion.  You can email the chairman, phone the hotline or phone their office to leave a message; specific contact information is given below with each topic.

 

Indoor Clean Air Act (a.k.a. statewide smoking restriction)

SB 25, the Kansas Indoor Clean Air Act, passed the Senate with a vote of 26 to 13. The bill had hearings in the House Health and Human Services Committee last week. Chairman Brenda Landwehr, Republican Wichita, is deciding whether to advance the bill.  Contact Chairman Landwehr by email (brenda.landwehr@house.ks.gov) or phone (hotline: 1-800-432-3924 or her office 785-296-7683).  Testimony from both proponents and opponents of the bill follows.

 

Arguments in favor of the statewide smoking restriction included:

  • The act will save lives.  Smoking is the number one preventable cause of death and disease in Kansas and the US.  Close to 4,000 Kansans die every year from smoking-related diseases including 290 deaths attributable to second-hand smoke.  The American Cancer Society estimates that about 87% of lung cancer deaths are caused by smoking and exposure to second hand smoke.
  • The act will save health care dollars.  Kansas spends about $927 M each year in medical expenses attributable to smoking (including $196M in Medicaid expenses).
  • There is no long-term negative economic impact as a result of clean air acts.  Studies show that, after an initial short-term downturn, there is no negative long term economic effect.  This was borne out in a specific study of the Lawrence Smoke-free Ordinance by the Kansas Health Institute.  You can read about this study at http://www.khi.org/s/index.cfm?aid=1890.
  • Statewide enforcement is needed.  At least 36 other states have imposed smoking restrictions in pubic places.  A statewide poll by the American Cancer Society in February 2009 found that 71% of Kansans support a statewide comprehensive clearn indoor air law in their state.  City by city and county by county initiatives are costly (due to the outside money pouring in to influence the process) and result in a patchwork of inconsistent policies.
  • Clean air is a public health issue.  The state regulates practices that are necessary to protect the public’s health.  The state regulates the cleanliness of restaurants, handwashing of employees, food safety, immunizations, etc.  
  • All workers deserve a safe workplace.  Non-smokers exposed to second-hand smoke at home or work increase their risk of developing lung cancer by 20 to 30% and heart disease by 25-30%.  Those who need a job may be forced into an unsafe work environment.
Proponents included

:  The American Cancer Society; The American Heart Association; the American Lung Association, The March of Dimes; Louis Reidener, owner of Johnny’s Tavern; private citizens with asthma; doctors, nurses, Kansas Hospital Association, Kansas Medical Society, Kansas State Nurses Association, Kansas Respiratory Care Society, University of Kansas Cancer Center, AARP, Kansas Health Policy Authority, Greater Kansas City Chamber of Commerce, Johnson County Board of County Commissioners, Kansas Faith Alliance for Health Reform, Blue Cross and Blue Shield of Kansas, and many others.

 

Opponents of the smoking restriction argue that:
  • The free market should be allowed to run its course.  People can decide where to go.  If the smoke bothers them, they can take their business elsewhere.  People will vote with their feet.
  • Small business and certain products will be hurt.  Some businesses especially those mainly dependent on alcohol sales will experience a loss of business.  Value added tobacco products fear their products will be placed out of the customer’s sight because a provision within the bill requires that self-service products be placed behind the counter.
  • Local units of government should be allowed to decide the issue.  If a local community wants to restrict smoking, they can vote to do so.  They should not be forced into compliance.
Opponents included:

Reynolds American, Inc., Kansas Licensed Beverage Association, Americans For Prosperity, Free State Business Rights Coalition, several small bar owners, several cigar business owners or interests(Swedish Match, Swisher International, XIKAR, Cigar Association of America), Kansas Restaurant and Hospitality Association, and others.

 

Minimum Wage Hearings

HB 160, the minimum wage bill, may be worked in the House Commerce and Labor committee next week.  The bill raises the Kansas minimum wage to the current federal level, $7.25 per hour for most workers, $2.13 per hour for workers who receive tips/gratuities.  Variations such as eliminating the minimum wage altogether or tying the minimum to the federal level so that it automatically keeps pace with the federal level may be considered.  Contact Chairman Steve Brunk, Republican Bel Aire, at steve.brunk@house.ks.gov or 1-800-432-3924 (hotline) or 785-296-7645 (office).

 

 

527 Hearing Scheduled in the House Election Committee

The House Elections Committee will hear SB117 on today (Monday, March 16) at 3:30pm.  The campaign finance bill regulating 527 groups will be amended onto SB117 and will be addressed in that hearing.  The Kansas Governmental Ethics Commission supports this amendment.

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.

Contact Chairman Steve Huebert, Republican Valley Center, at steve.huebert@house.ks.gov or 1-800-432-3924 (hotline) or 785-296-1754 (office).

 

 

Proposed Funding of K-12 Education for FY 2010 and 2011

The House Appropriations Committee is recommending use of the federal stimulus money to maintain K-12 school funding at the current level of $4400 base state aid per pupil.  In addition, special education funding would remain at $427.7M.  Without the stimulus funds, schools would undoubtedly have faced deep cuts.  As a part of the “maintenance of effort” requirement, that same funding would continue for 2010 and 2011.   Although districts will face rising costs, this level funding for three years avoids the cuts many feared would be necessary. 

 

Rainy Day Fund approved by House

In an attempt to establish a savings fund for the state, HB 2320, the Budget Stabilization Reserve Fund, was passed last week by the House with a vote of 89 to 33. The legislature bases its budget on estimates of revenue (funds expected to be brought in).  These estimates, made by the Consensus Estimate Revenue Group, usually vary around 1% from actual receipts; estimates are sometimes over, sometimes under.  On years when revenues exceed the budgeted amount (when we end up with more money than expected), the excess will first go towards providing the required 7.5% ending balance, then the remainder will be swept into a budget stabilization reserve fund.  This fund can be spent upon the vote of 63 members of the House but it is recommended that not more than 50% of the fund be spent in one year.  The cap on the total is set at 20% of total amount expended in the state general fund the year before. No stimulus funds will be included in this fund.  This bill does not go into effect until 2011.  I voted yes.  Forty-seven states have some form of rainy day fund.  The bill now moves to the Senate.

 

Annexation Bills

Sub HB 2029

addresses annexation issues facing Overland Park as it seeks to annex 15 square miles south of the city from the county.  Not acted on last year, this bill:

  • requires a mail ballot vote of those to be annexed and approval by a majority of those voting (applies to Johnson, Sedgwick, and Shawnee counties only);
  • prohibits the annexation of unplatted agricultural land of 21 acres or more unless a landowner consents; and 
  • requires that services promised by the city must be provided within 3 years instead of 5 and de-annexation proceedings can take place in a shortened time frame.   

Proponents included landowners, Kansas Farm Bureau, and the Kansas Livestock Association.  Opponents included the League of Kansas Municipalities, Overland Park Chamber of Commerce, City of Topeka, City of Olathe, City of Overland Park, City of Gardner, and others.  The bill passed 75 to 47; I voted no.

Sub HB 2084 involves strip annexation

issues facing Mulvane.  Desiring to link the city of Mulvane with a proposed casino site, the city annexed narrow strips of land in a circuitous route between the two.  This bill prohibits the unilateral or consent annexation of a narrow corridor of land to gain access to noncontiguous tracts of land.  It would require the corridor of land to have a tangible value and purpose other than for enhancing future annexations by the city.  It is retroactive to January 1, 2008.  The House will vote on this bill on Monday.  I support this bill.

 

 

Bleeding Kansas Bio

Benjamin Franklin Mudge   August 11, 1817 - November 21, 1879

Born in Maine in 1817, Benjamin Franklin Mudge grew up in Massachusetts, attending academies there and graduating from Wesleyan University in Connecticut in 1840. Mudge studied natural science and history, but also completed the classical course and studied law. He was admitted to the bar and embarked on a political and legal career, but Mudge always maintained his interest in geology and natural history.

During the summer of 1861, in order to demonstrate his antislavery convictions, Mudge moved his family to Quindaro, Wyandotte County, Kansas, a bustling river town with a reputation as an important point on the Underground Railroad and a stronghold of the free-state movement during the preceding years.

Mudge was a geologist and educator who, in 1864, was invited to deliver a series of lectures before the legislature. When the body passed legislation to organize a state geological survey, he was made state geologist, an honor which he said, was "entirely unsought, yet thoroughly enjoyed."  Mudge was elected professor of geology and associated sciences at the Kansas State Agricultural College. He published the first "Geology of Kansas," a 65-page report issued in 1866, and the first geological map of the state in 1875.  Mudge gathered the nucleus of the college's mineral collection.

After leaving the agricultural college in 1873, Mudge collected specimens for Yale University and was named geologist under the State Board of Agriculture. He also was a founding member of the Kansas Natural History Society, which became the Kansas Academy of Science.

Remembered as a one of the foremost pioneer scientists of Kansas, Mudge was "outstanding not only as a great explorer and collector of geological and paleontological specimens," but he "also was recognized as an enthusiastic and inspiring teacher and was highly esteemed by the people of the State."

 

Resolutions

Eleven Hundred Torches, Jana’s Call for Action

Inspired by the life of Jana Mackey, a law student at the University of Kansas, Eleven Hundred Torches is a national campaign to inspire others to make a difference. Active in the areas of women’s rights, victims of violence, and those unheard and underrepresented, Jana was herself the victim of an unjust crime.  Her family and friends asked that the 1100 people in attendance at her celebration of life service take up the torch of service and make a difference in the world.  To learn more about joining this call for action, go to: www.1100torches.org.  Jana’s family received a framed House Resolution.


Retiring University Presidents

Presidents of three of our Regent’s Institutions will be retiring at the end of this school year.  Dr. Robert Hemmingway will retire from the University of Kansas; Dr. Jon Wefald leaves Kansas State University, and Dr. Tom Bryant retires from Pittsburg State University. They were presented with framed House Resolutions honoring their service and accomplishments at the Higher Education Caucus last Wednesday.

 

Jill’s Activities

  • Kansas Optometric Association Lunch for legislators
  • Kansas Department of Wildlife and Parks Luncheon featuring BBQ buffalo
  • Capitol Graduate Research Summit where students from the University of Kansas, Kansas State University, Wichita State University, and the University of Kansas Medical Center presented their biomedical research.  They were fascinating and so scholarly!

 

 

Representing you in Topeka,

Jill Quigley

jill@jillquigley.com

Topeka:  785-296-7682

Home:  913-541-9645

Hotline: 1-800-432-3924