Week 6 & 7: 2010 Legislative Session
PRIMARY ELECTION THIS WEEK FOR SHAWNEE CITY COUNCIL
Four people are running for the 3rd Ward City Council seat in Shawnee. The candidates are Dennis Kissinger, Kevin Straub (incumbent), Jeff Tollman, and Jeff Vaught. The top two vote getters will move on to the general election. Don’t forget to vote on Tuesday!
STATEWIDE CLEAN INDOOR AIR ACT (HB 2221) TO BECOME LAW!
On Thursday, after years of effort by legislators and clean air advocates, the Kansas House passed the Kansas Clean Indoor Air Act. With a vote of 68-54, the House passed the bill that the Senate had passed last year. The bill prohibits smoking in most businesses, bars, and restaurants. There are exemptions that allow smoking on the floor of a casino, in Type A and B clubs so licensed on or before January 1, 2009 (includes VFW, Masons, American Legion), in private outdoor sports clubs, smoking areas in adult long term care facilities, and in 20% of hotel rooms. The bill is expected to be signed by Governor Parkinson and will go into effect on July 1, 2010.
CONFERENCED RESCISSION BILL APPROVED
Passed 114 to 5. I voted yes. To the Governor.
Both the House and Senate agreed to the Governor’s recommendations to reduce current year general fund expenditures by $3.3M and to transfer $92.8M into the general fund in order to balance the 2010 budget with the November revenue estimate. The following changes were also agreed to:
- Switching the 10% Medicaid deduction for Home and Community Based Services for those with developmental disabilities from one fund to another, allowing the draw down of $5.5 M in federal matching funds.
- Reducing salaries for state officers by 5% for the remainder of the session, totaling $955,522 for the general fund.
- Lessening the reduction to the Legislative Coordinating Council from $2.75M to $2.2M. These funds can be distributed to legislative agencies.
OVER 30 HOUSE BILLS SEE ACTION BEFORE TURNAROUND
Each chamber of the legislature spends the first half of the session generating and processing its own bills. Saturday, February 20th, was “turnaround,” the date on which all House generated bills had to be acted upon or die, likewise with Senate generated bills. That means a rush of bills were sent to the floor. Some of those House bills acted upon were:
Changes to Employer Unemployment Tax Payments (HB 2676)
Passed 122 to 0. I voted yes. To the Senate.
In an effort to lessen the impact of increased employer unemployment taxes on already struggling businesses, this bill extended the deadline for payment of the tax by 90 days. It also changed the maximum allowed tax level (5.4%) to apply only to negative balance employers. This will result in a decrease of $100M in tax collection over two years, which will have to be borrowed from the federal government.
No Written Test for Driver’s License Renewal (HB 2482)
Passed 114 to 5. I voted yes. To the Senate.
This bill would remove requirements for a driver renewing his or her license to take a written examination on highway signs and knowledge of traffic laws.
Fire Sprinkler Bill Fails (HB 2515)
Failed 60 to 62. I voted no. Bill dies.
This bill, supported by builders worried about increased building costs, would have prevented local government from requiring fire sprinklers in a residential structure housing four or fewer units. Local governments and fire fighters were opposed. Fire departments want to continue to identify selected high-risk residences where sprinklers could be required.
Renovations involving Lead Paint (HB 2596)
Returned to committee for further action.
New EPA regulations for the training of those who renovate pre 1978 homes, where lead based paint was presumed to be used, will go into effect April 22nd, 2010. This bill would have prevented KDHE from making rules and regulations more stringent than the EPA.
Retainage Dropped from 10% to 5% (HB 2238)
Passed 80 to 42. I voted no. To the Senate.
This bill would lower the retainage, the money earned by a contractor or subcontractor but withheld to ensure proper performance by the contractor or subcontractor until substantial completion of a construction project, from 10% to 5%. If concerns about quality arise, the retainage can be increased to 10%. Other forms of security can also be considered if all parties agree. Local governments, schools, and the American Institute of Architects opposed these changes. Subcontractors, especially those who complete an early phase of a construction project, sometimes have difficulty collecting their full payment in a timely manner. While this bill would give subcontractors a higher percentage of their pay before completion, decreasing the amount retained does not address the promptness of the payment. It does not give the subcontractor any more enforcement power.
BRAC Type Commission to Evaluate Agencies (HB 2442)
Passed 90 to 32. I voted yes. To the Senate.
A newly created seven member commission would evaluate all executive branch agencies (except 100% fee funded agencies) for efficiency and effectiveness. Recommendations would be presented to both legislative chambers in the form of a non-amendable resolution.
Optometrists Allowed to Dispense Medicated Lenses (HB 2584)
Passed 122 to 0. I voted yes. To the Senate.
Pharmaceutical company, Johnson & Johnson, is seeking FDA approval for medicated contact lenses to treat seasonal allergies. This bill would allow optometrist to dispense these lenses.
Pharmacists Allowed to Administer Flu Shots to Children (HB 2448)
Passed 121 to 0. I voted yes. To the Senate.
Currently, pharmacists can give flu shots to those 18 years and older. This bill would allow certified pharmacists to give flu shots to those six years and older.
Nurse Anesthetists Practice Clarified (HB 2619)
Passed 121 to 0. I voted yes. To the Senate.
This bill clarified language defining the period of time a nurse anesthetist is allowed to order or administer appropriate medication and anesthetic agents necessary to implement anesthesia plans of care; order diagnostic studies; and take appropriate action.
Addiction Counselors Licensed (HB 2577)
Passed 109 to 13. I voted yes. To the Senate.
Addiction counselors would be licensed by the Behavioral Sciences Regulatory Board (BSRB) instead of being certified by the Kansas Department of Health and Environment. The minimum educational requirement would be raised to a baccalaureate degree. All current addiction counselors would be grandfathered in. They would be given one seat on the BSRB board. Licensure fees would cover all costs. I introduced this bill in the Health and Human Services Committee.
Naturopaths Licensed (HB 2575)
Passed 100 to 22. I voted yes. To the Senate.
The 19 certified naturopaths in the state can now be licensed by the Healing Arts Board. They also sought to expand their practice but that expansion was amended out of the bill. They will not have a representative on the Board.
TB Screening Programs Required for All Post Secondary Schools (SB 62)
Passed 122 to 0. I voted yes. To the Senate.
Because TB is spread by breathing bacilli in the air, those with infectious TB are especially worrisome in the secondary school environment with dormitory living and communal dining. This bill requires all secondary schools to develop a screening plan for high-risk students, those from certain countries or those who have recently traveled to high-risk areas. The cost of the screening test would be the responsibility of the student and is about $21. I carried this bill.
Removing Ineligible Free Lunch Students from At-Risk Count (HB 2410)
Passed 74 to 48. I voted yes. To the Senate.
This bill would ensure a more accurate distribution of at-risk money to school districts. At-risk money is distributed based on the number of students qualifying for free lunch. Districts would have until January 14th to obtain documentation to verify those who are eligible for free lunch. Those so documented will be included in the calculation of adjusted enrollment.
Requiring Common Accounting System for All Schools (HB 2239)
Passed 64 to 58. I voted no. To the Senate.
This bill would require all schools to implement the same accounting program. The bill was amended to remove the penalty for errors and to make the state responsible for any additional costs of implementing the program. While I support the transparency possible with this approach, I feared that the state would not have additional funds with which to cover the expense; thus it might become an unfunded mandate for schools already struggling with budget issues.
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.
“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.
Security has been increased this year. Bags are now scanned and visitors must pass through a metal detector. But don’t let that stop you from dropping in to talk with me if you at are in Topeka.
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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