Jill's Journal

March 30th

Bleeding Kansas Bio

Charles Robinson    July 21, 1818 - August 17, 1894

Charles Robinson was Kansas's first state governor, serving from 1861 to 1863. "An active and decisive participant" in the turbulent territorial history preceding statehood, he was also the first commander of the free-state militia.

Born in Massachusetts in 1818, Robinson taught school and practiced medicine there before striking out for the California gold fields in 1849.  On the way to California the the party he was traveling with stopped in Lawrence and climbed to the summit of Mount Oread, where the University of Kansas is now located.  He served in the California House of Representatives but returned to Massachusetts in 1851.

In 1854 he headed the New England Emigrant Aid Company's first colony to Kansas Territory.  This group of emigrants, and many others, who followed, were interested in financial opportunities, but they also sought to make Kansas a free state.  Robinson established the company's headquarters in Lawrence, which became the focal point of free-state activity.  Robinson's cool, detached leadership provided a stabilizing influence on the Free-State party.  He was elected governor of Kansas Territory under the "illegal" Topeka Constitution in 1856, and then the state's first governor under the Wyandotte Constitution in 1859.  Robinson took office just two months before the outbreak of the Civil War.  He was preoccupied with wartime concerns, as well as the machinations of his chief rival, the volatile and flamboyant James H. Lane, during his single term of office.  This bitter rivalry culminated in impeachment proceedings against the governor, Secretary of State J. W. Robinson, and State Auditor George S. Hillyer.  Robinson ultimately was acquitted of all charges, but the other two executive officers were convicted and removed from office.

Despite these political difficulties, one early biographer heralded Robinson "as the strongest character in the history of the State. . . . Under his leadership the battle was won for the North, Kansas entered the Union a Free State, and the prestige of the South was crushed and broken forever."  Robinson's remained active in Kansas affairs until his death at age 76 on August 17, 1894.

Action in the House

Last week was spent in the House Chamber working bills---two on Monday and over 60 bills on Tuesday and Wednesday.  Thursday and Friday were devoted to conference committees.  Monday, we worked two bills, both budget bills.  The first was the 2010 capital outlay bill, HB 2369.  It received little discussion and passed easily on a vote of 118 – 6; I voted yes.  However, HB 2373, the “mega bill,” had over 20 amendments.  Amendments that I supported included:

• changing from cuts to school funding to the Governor’s maintenance of 2008 funding (this failed on a close vote),

• adding funding to extend SCHIP funding to children in families at 250% of the federal poverty level (I carried this amendment; it costs $1.2M but has a 72% federal match; it passed),

• adding funding for physical disability waivers (this passed; it costs $8M),

• adding funding for developmental disability waivers (this passed, it costs $2.5M),

• adding funding to restore certain community corrections programs (programs that have been successful in keeping those released from prison from returning to prison; it costs $1.3M; this passed),

• adding funds to continue the machine & equipment slider payments to cities (this passed; it will cost $45M using gambling funds should they become available), and

• cutting legislator’s daily pay by 10% (this passed; it saves the state money).

After nearly eight hours of debate on the mega bill, no more amendments were offered and the bill was passed on a voice vote to be carried over for final action (final recorded vote) on Tuesday.   With the additional amendment for social services, the mega bill had much that I could support; however, it still contained cuts to schools.  That is why it is so hard to vote for a budget bill…there are always parts that you do not support.  I voted for the mega bill on Tuesday despite the cuts to schools.   This is the first offer from the House; there will be the conference committee, the Governor’s line item veto, and the Omnibus budget bill for further adjustments.  If budget predictions are correct, we will either be facing additional cuts to schools and agencies or increasing revenue in some form.

Bills debated on Tuesday and Wednesday included:

SB 160 Minimum wage

SB 212 Wine shipments

SB 212 would modify the Kansas Liquor Control Act and permit in-state and out-of-state wineries to directly ship wine to consumers in the State of Kansas.  The producer would obtain a special order shipping license and pay a $50 fee to the Department of Revenue. The purchaser would pay the purchase price, the liquor enforcement tax, and all shipping costs.

The producer could not ship more than 12 cases of wine to any consumer or address per calendar year. The producer would have to verify the age of the purchaser.  Every shipment of wine must be clearly marked “Alcoholic Beverages, Signature Required.” The carrier delivering the wine would be responsible for obtaining a signature of a person who was at least 21 years of age or older.   Final action is scheduled for Monday.  I support this bill.

SCR 1611 Individual Right to Bear Arms

SCR 1611 would authorize the submission of a state constitutional amendment to section 4 of the Kansas Bill of Rights that would be considered at the general election in November, 2010.  The proposed amendment would insert new language that states:
“A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose.” 
This change would clarify that bearing arms is an individual right as well as a collective right.  It passed 116 – 9; I voted yes.

SB 1 William Inge Theater Festival

SB 1 would designate the William Inge Theatre Festival in Independence, Kansas, as the official state theater festival.  It passed 106 – 16; I voted yes.

SB 108 Incentives for wind energy

SB 108 would revise the Economic Revitalization and Reinvestment Act by allowing wind or solar energy manufacturing businesses to qualify for benefits.

An eligible wind or solar energy business would be a person or entity that is engaged in the wind or solar energy manufacturing industry in Kansas and that satisfies other conditions stipulated by the Secretary of the Department of Commerce (pay a minimum of $32,500 of average annual compensation per Kansas employee; and be classified by the North American Industrial Classification System as being in the manufacturing sector).  An eligible wind or solar energy project would be a project relating to the research, development, engineering, or manufacturing of a business component or product for either the wind or solar energy industries.

 An eligible project would require a minimum of $30.0 million of project costs proposed to be invested in Kansas.  The project would also have to employ a minimum of 200 full-time employees within five years. Once a project’s application is approved, the Secretary of Commerce would request the Kansas Development Finance Authority (KDFA) to issue bonds not to exceed $5.0 million for a single eligible wind or solar energy project.  No new project could be approved after July 1, 2013, which is the current statutory deadline for the approval of other projects.  The bill passed 125 – 0; I voted yes.

HB 2275 Random drug screening for cash assistance recipients

HB 2275 would require the Department of Social and Rehabilitation Services (SRS) to establish a program of random drug screening (within the limits of appropriations and subject to applicable federal law) for cash assistance recipients on or before January 1, 2010.  Cash assistance recipients, as identified in the bill, would include households receiving Temporary Assistance to Families (TAF) and General Assistance (GA).  An adult recipient who tests positive for illegal drugs would be required to complete a drug treatment program.  Upon successful completion of the program, intermittent screening would continue.  A second positive test would require a second drug treatment program.  Upon successful completion of the second program, intermittent screening would continue.  A third positive test would stop any cash assistance.  Cash assistance would also be stopped if the recipient did not successfully complete any of the drug programs.  This bill passed 99 - 26; I voted no.  The bill has been sent to the Senate.

HCR 5015 Dyslexia

HCR   5015   would direct the State Board of Education to take certain actions in relation to children with reading problems, including dyslexia.   The resolution would direct the State Board to: ensure early screening, use reading assessments in pre-K through 2nd grade, review best practices implementation and teacher preparation in these best practices, and ensure parent access to information.  A report of the activities of the State Board in relation to this resolution must be submitted to the Legislature on or before December 31, 2009.  It was felt that the State School Board had made admirable progress in responding to last year’s resolution and that this additional resolution would continue the process.  The bill passed 122 – 3; I voted yes.

SB 158 Restricted Driver’s License

SB 158 would allow someone who normally would lose their license because of a traffic violation, the option of paying a $25 fee and applying for a driving restriction instead.  The restriction would allow driving to and from work or school; in the course of employment; during a medical emergency; and to and from probation or parole meetings, drug or alcohol counseling, or any place the driver is ordered by the Court to go. The driver’s license would be restricted for up to one year or until there is compliance with the terms of the traffic citation.  The bill passed 125 – 0; I voted yes.  It is in conference committee.

Past House Action:

HB 2295 Milk labeling

HB 2295 would require all milk, milk products, or dairy products which contain a label that states, “This milk is from cows not supplemented with rBST” (or contain a substantially equivalent statement about the hormone recominant bovine somatotropin) to possess, on the same label (in a similar font, style, case, size, and color), the following qualifying statement: “The FDA has determined that no significant difference has been shown between milk derived from rBST- supplemented and non-rBST-supplemented cows.” Any label without the qualifying statement would be deemed misleading. Additionally, the bill would require the owner or operator of each dairy manufacturing plant that makes the production claim to have an affidavit or any other documentation deemed necessary to support the claim that the milk is from cows not supplemented with rBST. These documents would need to be available for inspections conducted by the Kansas Department of Agriculture.

The bill would apply to labeling on all reusable and non- reusable containers of milk or dairy products purchased by the owner or operator of a dairy processing plant on or after January 1, 2011. The qualifying statement would not be required to be on the same label as the production claim on all reusable containers purchased before January 1, 2011.  This bill passed 75 – 44; I voted no.  It is in the Senate Agriculture Committee.

SB 19 Concealed Carry

SB 19 authorizes prosecutors to carry concealed firearms under certain circumstances. Prosecutors are made exempt from the crime of discharge of a firearm and can carry in all county facilities (including courthouses, annexes, and other county buildings or offices) even when not actually engaged in the duties of their employment.  The bill would clarify that the chief judge of any judicial district may determine any restrictions or prohibitions concerning firearms in the court rooms of that judicial district.  Finally, the bill authorizes the county commission to opt out of the provisions of this bill if a secured environment is provided and all firearms are excluded.  The bill passed 88 – 31; I voted no.  It is in conference committee.

Chats with Jill

Thanks to all of those who dropped in on my chat on Sunday; some were old friends, some new acquaintances.  We discussed coal plants, campaign finance reform, school finance, the impact of Governor Sebelius going to Washington, and the budget.  Please mark your calendar for my next chat:

    Saturday, April 25th   10 – noon  HyVee at 87th and Pflumm

Representing you in Topeka,
Jill Quigley
786-296-7682 (Topeka)
913-541-9645 (Home)
jill@jillquigley.com