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You are here: Home Jill's Journal 2010 Week 10: 2010 Legislative Session
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Week 10: 2010 Legislative Session

 

How well you do know the State Symbols?

The passage of the state grass bill made me wonder about other state symbols. Did you know Kansas had a state soil? What is it? If it has been a while since you reviewed the state symbols, you may want to check out the list that follows:
 
State mammal           American Bison
State tree                  Cottonwood Tree
State bird                  Western Meadowlark
State soil                   Harney Silt Loam
State Amphibian        Barred Tiger Salamander
State Reptile              Ornate Box Turtle
State Flower              Sunflower
State Song                 “Home on the Range"
 

Bagpipes Bring St. Patrick’s Day to the Statehouse

Former Senator Rich Gannon played the bagpipes again this year for legislators in celebration of St. Patrick’s Day. Dressed in a kilt, Mr. Gannon played When the Piper Plays and Highland Cathedral at the start of the session on March 17th.
 

Tax Exemption Bill Debate Moved to May 3rd

The first tax bill made its way to the House floor in the form of a bill to remove tax exemptions (reinstate taxes) on churches, utilities, lottery and bingo games, and other groups. Many constituents will be relieved to learn that HB 2549 was essentially gutted of all sales tax reinstatements except a tax on coin operated laundries which was retained. Further action on the bill was delayed until May 3rd. This will provide a bill for action on taxes after the April revenue estimates are known.
 

House Appropriations Committee Releases Budget Proposal

The House Appropriations Committee has proposed a budget that includes $78M in revenue adjustments (tax amnesty, decreases in transfers to the State Highway Fund, early repayment of Racing and Gaming Agency loan, and charging a 1% privilege fee on managed care organizations) and $361.3M in cuts. This bill will be debated next week. Here are some of the details of the proposal:
 

Where are the cuts?

Schools
There would be significant additional cuts to schools. This proposal would cut nearly $172M from the education budget. It would not replace the $85.9M in stimulus funds that will be lost next year. It would cut another $85.9 million the Governor had added to replace supplemental general state aid (money used to equalize the local option budget). The committee did not include the $50 increase to BSAPP (base state aid per pupil) recommended by Governor Parkinson; the BSAPP would remain at the current 2006 level of $4012. The proposed budget would protect education (K through higher ed) from a further 1% across the board cut to all agencies.
 
State agencies
There would be a one-year 5% cut to salaries of all state employees including statewide elected officials, justices and judges, legislators, and classified and unclassified employees. It is suggested this could be accomplished by a 3pm Friday closing of state government. Exceptions would include Highway Patrol, correctional officers, selected state hospital direct care workers, and power plant operators. There would also be a 1% across the board cut to all agencies and a hiring freeze.
 
KPERS
Employer contributions to KPERS would be frozen at the 2010 level for one year. State payments into KPERS Death and Disability fund would be reduced by 25% ($4M).
 
Additional Savings
Additional savings would come from such measures as stopping advertising by certain state officers, capturing employee travel awards, banning overtime, and assuming health care savings from the newly passed Clean Indoor Air Act.
 
Additional Spending
There is also $26.5M in additional spending included in the proposal. There will be additional dollars given to KU Cancer Center ($600,000), Aging nutrition programs ($700,000), Developmental Disability crisis waivers and Physical Disability waivers ($6.9M), KBI DNA laboratory ($500,000), non-judicial employees in the judicial branch ($800,000), and local government slider (25%). With cuts to community corrections programs, re-opening the Stockton Correctional Facility may be necessary; funds are set aside for this possibility.

Committee Activity

Commerce and Labor
Should alcoholic beverages be sold in grocery stores?
Hearings were held on HB 2697, a bill that would change Kansas liquor laws to allow grocery stores to sell strong beer, wine, and liquor. Liquor store owners would be allowed to sell non-alcohol products and to have more than one liquor license. A proposed amendment would allow convenience stores to sell strong beer.
 
History of Kansas Liquor Laws:
1880  Voters approved a constitutional amendment prohibiting the manufacture and sale of  intoxicating liquors (which was not defined)

1917   The “Bone Dry Law” was passed, prohibiting the possession of all liquor.

1937   Cereal malt beverage (3.2% beer; not defined as an intoxicating) could be sold and consumed on- and off- premises

1948-49   Voters approved a constitutional amendment to allow the legislature to regulate intoxicating liquor; the Liquor Control Act was enacted

1965  Private Club Act allowed sale of liquor in private clubs

1979  Private clubs allowed to sell liquor by the drink to members and guests; 10% drink tax was imposed

1983
   Farm wineries authorized to sell table wine made from Kansas products

1985   Drinking age increased to 21

1987   Microbreweries permitted

1994   Election day sales allowed

1995   Credit card sales allowed

2006   Wine shipment from out-of-state allowed

Proponents: The committee heard from small grocery stores worried about the decreasing number of rural grocery stores (loss of and from those border cities losing business to border states where lower prices result from the increased competition from expanded sale options. Store policies that prevent underage sales range from a no tolerance policy (illegal sale results in immediate loss of employment), technology that reads an ID, product scanning that shuts down the cash register until authorized person validates the purchase, and staff training. Grocers point out that they have not been protected from competition from large box stores but have adapted to changing conditions.
 
Opponents: The committee heard from liquor store owners worried that big grocery store chains would put them out of business (could sell only the more profitable items and could buy in quantity and sell at lower price), wholesale liquor lobbyists concerned about the increased number of outlets to supply and the squeeze on their profits, and alcohol addiction prevention groups concerned about increased availability for both youth and problem drinkers. It was pointed out that enforcement is more difficult when youth come and go in a grocery store carrying large bags with other items versus entering a specialty liquor store where all purchases are illegal.
 
Outcome: Neither side could address the effect of greater availability on addiction numbers, alcohol related traffic deaths, etc. in states that already allowed grocery store sales. Nor could they address the effect on the number of liquor stores when implemented in other states. Since the committee still had questions on various aspects of the bill and was very divided on this issue, the bill will not be worked this year.
 


Radon Gas Tester, Mitigator, and Lab Certification Passed by Committee
The committee passed SB 531, which would require certification and training for radon measurement technicians and radon mitigation technicians. Radon is found throughout the soil in Kansas as a breakdown product of uranium. Exposure to radon is the second leading cause of lung cancer, second only to cigarette smoke. Results of professional radon testing will be reported to KDHE but will be confidential. Homeowners may still do their own home radon testing using inexpensive kits.
 

Health and Human Services Committee

Request for Interim Study on Price Transparency for Health Care Consumers
Hearings on HB 2288 demonstrated the complexity of getting accurate and timely estimates of the price of health care for consumers. Doctors know what they charge but do not know what the insurance company will reimburse or what other charges will be included in the bill. Many hospitals already participate in an on-line program that provides cost comparison. What is a realistic time frame to process a request? Should the request and reply be verbal (more convenient for the consumer) or written (more accurate and traceable)? Should all health care providers be included? Legislators and proponents agree that transparency will lead to more informed health care decisions by consumers and probably the saving of health care dollars. The committee requested an interim study on this issue so that more detailed legislation could be forthcoming next session
 
Medicinal Marijuana Informational Hearing
Proponents of medical cannabis had an opportunity to speak to legislators on the Health and Human Services Committee. The committee heard from patients that believe their pain, nausea, muscle spasms, etc. would respond to cannabis, from LEAP (Law Enforcement Against Prohibition, an organization of current and former members of the law enforcement and criminal justice communities who are speaking out about the failures of our existing national drug policies), and from care providers. A long list of organizations in support of the medical use of cannabis was provided to the committee and included the American Public Health Association, the American Nurses Association, and the AIDS Action Council.  The American Medical Association recently issued new policy guidelines encouraging the federal government to review marijuana’s status as a Schedule I controlled substance.  Experts have concluded that marijuana may be used safely and effectively to treat a broad range of symptoms – including neuropathic (nerve) pain, spasticity, nausea, incontinence, and decreased appetite. Fourteen states have enacted laws protecting patients who are authorized to use medical cannabis from state prosecution. One proponent summarized it this way: “The goal of House Bill 2610 is not to sanction the use of marijuana by the general population. Rather, it is to protect patients and doctors who recognize that cannabis has medical utility, and uphold the sanctity and privacy of the doctor-patient relationship.”
 
Representative Gail Finney of Wichita has introduced HB 2610, which would legalize the growing and use of cannabis for medical purposes; it will not see committee action this session.
 

American Stroke Foundation Informational Hearing
Mission, Kansas is the home of the American Stroke Foundation, the only post-rehabilitation facility of its kind in the country providing a “YMCA for stroke survivors.” Operating with mostly professional and student volunteers, the facility charges stroke survivors a monthly fee of $65 for a day program of fitness classes, speech and occupational assistance, and peer support. Funded by these minimal fees, grants, and donations, ASF has operated for 12 years and will serve about 120 stroke survivors this year.  ASF seeks to expand this model and provide continued support to stroke survivors across the state and across the nation. For more information, call 913-649-1776.
 

Licensure, Supervision, and Online Data Base for Child Care Facilities
The committee held hearings on SB 447 (Lexie’s Law), which would license all childcare facilities in Kansas. There would be two tiers of licensed facilities, the currently “licensed day care home” and the newly licensed (formerly registered without any inspection) “family child care home.” In order to accomplish this within the state’s limited budget, those never-licensed facilities would be the first priority and currently-licensed facilities would only be visited on a complaint basis for several years. A risk-based system would be developed and would prioritize inspections until a regular yearly schedule for all facilities can be funded and resumed. A complaint against any facility would result in an inspection regardless of schedule. Supervision requirements (being within hearing or sight of the child and checking on a napping child every 15 minutes) address the most common problems resulting in harm to children in childcare. An online database would provide a record of inspections and complaints. The bill is awaiting further action by the committee.
 

Census Form

You probably received your 2010 Census Form last week. Please take time to answer the ten questions per resident and mail it back. These numbers are important in terms of determining your representation in Topeka and Washington, DC and in our community’s ability to receive federal money for much needed programs.
 

Kansas needs a law that…

I invite you to complete this phrase, “Kansas needs a law that….” I’m looking for problems in need of action. Share the specifics of your concern and what you think should be done to fix it.
 
Let me clarify, the suggestions listed in this section of my newsletter come from readers. I publish them to give you a sense of the variety of suggestions I get and to get responses from you…do you share the concern or disagree, is this an issue in need of legislation?  Suggestions from last week included:

Kansas needs a law that ...

  • protects Kansas employees defined retirement benefit. (Look for KPERS funding info in a later newsletter.)



Jill’s Recent Activities

 

  • Spoke with Tom Jacobs from the American Society of Civil Engineers about the need for renewal of a comprehensive transportation plan, road maintenance and concerns over taxing services.
  • Attended the Johnson County Delegation luncheon sponsored by the Kansas Bioscience Authority. KBA presented an update on the Centers of Innovation dealing with plant design, biorefining and bioenergy, and biomaterials. 
  • Attended the ceremonial signing of HB 2221, the Kansas Clean Indoor Air Act at the University of Kansas Medical Center. So many health care providers, staff, and students had actively worked for the passage of this bill; it was truly a celebration.



“Honest differences are often a healthy sign of progress”

…Mahatma Gandhi

 

Contacting me…

Please notice that my Topeka contact information has changed.
·        My office is 174A in the Capitol on the West wing of the first floor.
·        My administrative assistant is Cheryl Coffman.
·        My phone is 785-296-7689.
 

Representing you,
Jill Quigley
Representative, 17th District
Lenexa & Shawnee

H: 913-541-9645                             P.O. Box 14823
C: 785-296-7689                             Lenexa, KS 66285
jill@jillquigley.com
 
Committee Assignments:  
9:00am           Mon-Fri           Commerce & Labor                             Rm 784 Docking
1:30pm           Mon-Fri           Health & Human Services                    Rm 784 Docking
3:30pm           Mon-Fri           Trans & Public Safety Budget              Rm 142S Capitol
 
 
 
 

 

 
 
 
 
 


 







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