There were no routine committee meetings this week. The House spent three days on the floor working House and Senate bills. This is the time in the session when conference committees start meeting, bills begin to be bundled, and there is a lot of behind the scenes work.

THE HEALTHCARE FREEDOM ACT

Failed 75 to 47. I voted no.
Reconsidered the next day. Failed 75 to 47. I voted no.
After hours of debate before a full gallery, the Heath Care Freedom Act, a proposed amendment to the Kansas state constitution, advanced to final action but failed to gain the 84 voted needed to pass. Usually only 63 votes are needed to pass a bill but a constitutional amendment is held to a higher standard for passage, a 2/3 vote. Proponents spoke mostly about their concerns about the recently passed federal health care bill. Opponents questioned the unforeseen impact of removing the state from federal programs and funding.
 
I voted against this bill. The vote on HCR 5032 was not a vote to approve either national health care or the tactics used to secure its passage. The vote was about inserting language in our state constitution that may have unintended consequences. Testimony from constitutional lawyers indicated that a constitutional amendment does not give the state any stronger position in a lawsuit against the federal government. If the federal government has the power, either through its power to regulate interstate commerce or the power to tax, then HCR 5032 will not have any effect.  In other words, HCR 5032 would not constrain Congress but would constrain our state with perhaps, unintended consequences.
 
Additional information from the Insurance Commission raised questions about the ability of Kansas to fund its own insurance plans if removed from federal programs. The Kansas Health Institute, a provider of objective health information to policymakers, raised questions about future funding for health programs especially in rural areas.
 
Many people are angry and fearful over changes in health care.  I share some of those concerns but I will continue to base my votes on the best information available to me. The constitution is not the place for apolitical statement; it is a permanent document which I have taken a pledge to protect and uphold. Let’s all take a deep breath, step back and evaluate both the new health care legislation and our options.
 
A similar bill in the Senate failed to come out of the Senate Judiciary Committee.
 

OTHER BILLS PASSING THE HOUSE

Concealed Weapons Allowed Unless Adequate Security at each Entrance (HB 2685)
Passed 65 to 57. I voted no. To the Senate.
This bill would not allow any state agency or municipality to prohibit an employee who has a concealed carry license from carrying a weapon in the employee’s workplace, unless such workplaces had adequate security measures to insure that no weapons are permitted into the work place. Practically, the “no weapons” signs outside state and city buildings, including college campuses, would have to be removed and concealed carry would be allowed unless the facility has adequate security measures (such as staff and electronic equipment), at each entrance to the facility. The Kansas Association of Counties estimates that a basic security system consisting of walk through metal detectors and wands would cost approximately $2,500 per facility entrance. Also, additional staff would be required to work at the entrance, which would cost approximately $50,000 a year. The Kansas Highway Patrol estimates it would require approximately $2.8 million next year to bring the 52 buildings for which the Highway Patrol provides security in compliance with HB 2685.
 
Proponents included Representative Forest Knox, a parole officer and representatives from both the Kansas andthe National Rifle Association. Opponents included League of Kansas Municipalities, the Kansas Association of Counties, the City of Overland Park, he Kansas Peace Officers Association, the Kansas Association of Chiefs of Police, Sedgwick County, the Sedgwick County Sheriff, the Kansas Highway Patrol, the City of Wichita, and the Kansas Board of Regents.
 
School Contract Dates and Tenure for Teachers (SB 362)
Passed 109 to 13. I voted yes. To Conference Committee.
SB 362 changes the notice date for teacher’s contracts, pushing it back 15 days from the current May 1 to May 15. The teacher date for resignations would also move by 15 days. Since the budget bill is usually passed in the first week of May, this would allow districts to have a pretty good idea of finances before determining if teachers or administrators needed to be released. The delayed tenure portion of this bill was removed before passage.
 
Retroactive Change in Special Ed Catastrophic Aid Takes Shawnee Mission Funds This Year (SB 359)
Passed  107 to 15. I voted no. To Conference Committee.
Seen as a compromise, SB 359 takes $2.8M in catastrophic special ed funds from Shawnee Mission schools this year.  
 

What is catastrophic aid?

Children whose special education costs would be “catastrophic” to the district budget (those whose costs are greater than $25,000) would qualify the district for special state aid (75% of the costs over the first $25,000 for that child). This catastrophic aid has priority funding, that is it is paid out first and then the remaining funds are divided up on a per teacher basis for regular special ed needs. The more catastrophic aid paid out the less money there is left to go out per teacher. Last year Shawnee Mission began prorating their catastrophic aid like other districts had been doing for years causing Shawnee Mission’s claims to go from zero to 333 in one year. This caused the per teacher reimbursement to drop significantly for all districts.
 
The compromise
Originally, the bill raised the level for qualifying for catastrophic aid from $25,000 to $56,000 and changed the way districts were prorating costs. This compromise bill kept the qualifying level at $25,000 and only changed the way districts were prorating costs. Instead of losing $3M this year, Shawnee Mission would only lose $2.8M.
 
Use of Interlock Devices for DUI Convictions (SB 368)
Passed 122 to 0. I voted yes. To conference committee.
This bill would set the punishment for a DUI conviction or refusing to take a drug and alcohol test by suspending the driver’s license and then requiring use of an ignition interlock device. For the first occurrence, there would be a 30-day driver’s license suspension followed by one year driving a vehicle with an interlock device. For the second occurrence there would be a 45-day suspension with a two year use of an interlock device; third occurrence, 45-day suspension and three year use; and fourth occurrence, 45-day suspension and four year use.
 

Fate of Nursing Home Provider Tax (HB2673) and Child Care Licensure (SB447) Uncertain
SB 447, requiring licensure of all Kansas childcare facilities, has been moved from the House Health & Human Services committee to the House Social Services Budget Committee. It is a “blessed” bill so it can be worked anytime during the session. In addition, since it has passed the Senate it can be considered in a conference committee.
 
Nursing Home Provider Tax (HB2673) remains in the Aging and Long-term Care 8Committee; however, the income from the tax has been included in the Appropriations Committee’s budget proposal as income for next year. It is unclear how the bill will proceed, as part of the appropriations bill without a vote on the bill itself or still to make its way to the House floor.
 

FREE VISION SCREENING FOR THREE-YEAR OLDS

In an effort to catch vision problems early, nearly 250 Kansas optometrists provide free vision assessments to three-year-old children through a program called See to Learn. Some warning signs of vision problems are: frequent rubbing and blinking of the eyes, frequent headaches, covering one eye, tilting the head, and squinting on or both eyes. For more information about the program or for a referral to a participating optometrist call 1-800-960-EYES or visit www.seetolearn.com.
 

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….

• Opposes the healthcare legislation passed by Congress,

• Stops law-breaking illegal's from working in Kansas, & replace them with honest, hardworking Kansas workers who are now unemployed.

• We need more laws?  Gosh, don't we have enough?  How many is enough?

• Raises taxes to keep our schools from failing due to larger class sizes and poorer support for special needs children.

• Would protect sick people, who need marijuana to deal with their illness, from arrest or other criminal or civil action

“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
 
 
 





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