IN THIS ISSUE:

• This week at the capitol
• Energy bill update
• House considers housing grants
• Minimum wage bill
• Senate school finance bill
• Patriot guard highway
• Penalties for ecstasy toughen
• Next week in committees

THIS WEEK AT THE CAPITOL

The sixth week of the 2008 legislative session brought much needed action to the House floor.  On Monday, the House spent three hours debating House Substitute for Senate Bill 327, also known as the energy bill.  The legislation formally passed on Tuesday with a 77-45 vote.    Though it is far from over, I am encouraged that the first round of this debate is complete.  The House calendar is now open for other urgent issues, though I remained concerned that a full debate on health care or education funding has yet to make the schedule.  I have included more specific information about the bill below.

On another note, several legislators and staffers around the Capitol spent time home sick this week as a wave of influenza swept across the state.  Though flu season is nearing its end, it is currently at its peak and even affecting those who received flu shots.  I urge you to take steps to protect you and your family from illness.  If you do experience flu-like symptoms, please stay home to allow yourself proper time to recover and prevent the illness from spreading to others.  For more information on how to avoid the flu bug, visit http://www.kdheks.gov/flu.   

ENERGY BILL UPDATE
The House formally debated the highly publicized energy bill this week, House Substitute for Senate Bill 327.  Though the legislation was officially approved at a 77-45 vote, this debate is far from over.  The bill still awaits review from a joint House and Senate conference committee and requires signature from the Governor.  Additionally, litigation between utility companies and the state regarding the original Holcomb decision is still pending.  However, the debate this week did begin what needs to be a long-term discussion about Kansas' energy policy.

AT A GLANCE: WEEK SIX OF THE ENERGY DEBATE

The House Bill:

The House tentatively voted to approve House Substitute for Senate Bill 327.  After three hours of debate, six amendments were offered to the bill.  Among them was an amendment by Rep. Vaughn Flora, D-Topeka, to require new coal plants to lower the amount of mercury in smoke stack emissions, which is one of the harmful byproducts of burning coal.  With the absence of federal guidelines limiting mercury emissions, the Flora Amendment represents the first real regulation of mercury emissions from Kansas coal plants.  Another amendment to the bill would require Kansas utilities to generate at least 5% of their energy from renewable sources by 2012.  This would increase to 10% by 2020.

Opponents of the bill were concerned with an amendment added that would strip the Secretary of the Kansas Department of Health and Environment of his authority to regulate carbon emissions and deny permits based on those regulations.  Furthermore, they argued that the final bill had removed many of the conservation measures for public building construction originally included in the bill.

The Governor's Response:

Governor Kathleen Sebelius called the House bill "unfortunate", citing strong concerns that neither the House nor Senate bills took strong enough action to protect the environment or mitigate carbon dioxide emissions. 

The Next Step:

The bill will now go to a joint House and Senate conference committee for final amendments, and then to the Governor for her signature or veto.  Several lawmakers do not expect the Governor to sign the bill, though it remains unclear if enough votes exist to override a possible veto.

HOUSE COMMITTEE CONSIDERS HOUSING GRANT PROPOSAL

In addition to a market slump, unstable mortgage lenders and skyrocketing foreclosure rates, natural disasters significantly contributed to a statewide housing crisis in Kansas in 2007.  A deficit of available and affordable housing- in both tornado-ravaged Greensburg and flood-damaged Southeast Kansas- remains a huge concern to citizens of those communities and to lawmakers.  This week, the House Economic Development and Tourism committee heard testimony regarding House Bill 2712, which would enact a statewide housing grant program.

House Bill 2712 mirrors a similar piece of legislation passed in the Senate last month, offering housing grants valued at $4 million a year over the next three years to federally declared disaster areas.  The assistance could apply to rebuilding housing or related infrastructure.  Local officials would be required to match up to 10 percent of grants for infrastructure and 50 percent for other projects.  After three years, the program would expand statewide and other communities across Kansas would be eligible to apply for housing development assistance.

To fully recover from 2007 natural disasters, lawmakers must take action to meet the growing need for affordable housing in Kansas.  Housing development directly links to economic stability: the more homes that are available, the more businesses will develop in rural communities to offer steady jobs and incentives for long-term residency.  Though some lawmakers harbor concerns regarding state spending, waiting to address housing needs in disaster-ridden areas will only further delay the recovery of impacted communities- and of the state- and increase costs in the long run.  Housing availability remains the number one hurdle in disaster recovery and must be addressed during the 2008 legislative session. 

SENATE COMMITTEE DEBATES MINIMUM WAGE INCREASE

After 20 years with no increases, the possibility of increasing Kansas' minimum wage received due attention this week in the Capitol.  The Senate Commerce Committee held its first hearing on the matter, debating Senate Bill 466.  The Senate proposal, sponsored by Sen. Roger Reitz, R-Manhattan, would raise the state's minimum wage from $2.65, the lowest in the country, to $6.55 per hour beginning August 2008.  This would precede another wage boost in August 2009 from $6.55 to $7.25 per hour, making Kansas minimum wage equal to federal standards. 

Proponents of a minimum wage increase argue that 19,000 Kansans currently work for less than the federal minimum wage.  Those Kansans struggle to provide food and shelter for their families, making this a moral issue that state lawmakers hold a responsibility to address.  Opponents of a wage increase question the true impact it would have on the state, small business owners, and Kansas workers, fearing it would lead to layoffs for workers and price increases for consumers. 

The state legislature enacted the current state minimum wage in 1988. Since then, lawmakers have offered 14 bills to increase that rate, though all have been defeated- including one last year proposed in the House.

SENATE COMMITTEE BEGINS SCHOOL FINANCE DISCUSSION  

The Senate Ways and Means Committee approved a school finance measure sponsored by 33 senators.  The bill, Senate Bill 531, proposes to increase the base state aid per pupil rate by $59 in fiscal year 2010, for a total rate of $4,492 per pupil in the 2009-2010 school year.  The bill would also appropriate $37.2 million from the State General Fund in general state aid in fiscal year 2010.  This would create the Keeping Education Promises Trust Fund stable with a requirement to transfer $37.2 million to the State General Fund in FY 2010 for school finance.  The Kansas Association of School Boards and the Kansas National Education Association testified in support of the bill, expressing a need to maintain funding.

In 2006, Senate Bill 549 established a three-year school finance plan in response to a lawsuit filed by mid-sized districts.  The three-year plan increased funding for at-risk, special education and bilingual students, and runs through fiscal year 2009. This bill essentially adds a fourth year, putting the entire amount into base state aid per pupil. 

Approval of the bill would provide school districts a clear indication of the funding they would receive for the 2009-2010 school year giving them more flexibility in preparing their budgets.  Before the adoption of the three-year school finance plan, state funding for schools was generally done on a year-to-year basis, making it more difficult for school districts to plan for the future.

HOUSE DESIGNATES PATRIOT GUARD HIGHWAY

The House passed legislation this week that would designate a six-mile area of K-53 Highway as the Patriot Guard highway.  If signed into law, House Bill 2708 will recognize the Kansas Patriot Guard at its "birthplace" near Mulvane, Kansas. 

The Kansas Patriot Guard is an organization that works to honor fallen American soldiers and support their families.  The organization formed to counteract nationally known military funeral.  At the invitation of military families, this group of motorcycle riders, veterans and concerned citizens stand guard at funerals to block offensive signs from view of mourners.

In 2007, the state legislature passed a law to protect mourning families by restricting funeral protests in Kansas.  However, military families continue to invite the Kansas Patriot Guard to funerals of fallen soldiers across the United States, especially where funeral protests are not restricted.  For more information about the Kansas Patriot Guard or to learn how you can become a member, visit http://www.kspatriotguard.org/. 

BILL TOUGHENS PENALTIES FOR ECSTACY USE

In an effort to further deter drug use in Kansas, the House passed a bill this week that will make the second possession of 3-4-Methylenedioxymethamphetamine (most commonly known as Ecstasy) a felony.  Previously, second-time Ecstasy convictions were considered a misdemeanor. 

Ecstasy is a mind-altering drug, related in structure and effects to methamphetamine.  It is widely known as a "love" drug because users report heightened feelings of empathy, relaxation, and self-acceptance when Ecstasy affects peak.  Repeated use of Ecstasy may damage the cells that produce serotonin, which has an important role in the regulation of mood, appetite, pain, learning and memory.

Ecstasy has obtained a false reputation as a social drug with harmless effects.  In reality, it is a highly dangerous and illegal substance.  It is important that we toughen penalties in Kansas to reflect the serious legal consequences that come with abuse of the drug. 

IN COMMITTEES NEXT WEEK:

Please feel free to let me know if you would like any further information on these bills, or would like to testify before a committee on an issue important to you.  Individuals wishing to testify are required to notify the committee assistant at least 24 hours in advance of the meeting.  Thirty-five copies of written testimony must be provided to the committee assistant by 4:30 PM on the previous day.  Please note that that committee schedules are subject change at any time, so please confirm any hearing you wish to attend in advance by calling me at 785.296.7647.

Upcoming hearings of high interest:

• House Appropriations: Hearings on HB 2859 - School districts; funds; HB 2673 - KPERS
• House Energy and Utilities: Hearings on HB 2872 - Removing the assessment of actual expense of services by the state corporation commission; HB 2881 - Net metering; HB 2894 - Duties and powers of the secretary of KDHE in issuing permits for electric generation facility
• House Federal and State Affairs: Hearings on Hearing on HB 2370 - Law enforcement cooperation and assistance in enforcement of immigration laws; HB 2680 - Immigration accountability act; HB 2836 - Immigration reform

A more detailed look at next week's calendar of committee hearings:

House Agriculture and Natural Resources:

Time/Location: 3:30 p.m. Docking Room 783

• No hearings on proposed legislation scheduled at this time.

Appropriations

Time/Location: 9:00 a.m. Capitol Room 514-S

            Monday, February 25

• Hearing on HB 2859 - School districts; funds
• Tuesday, February 26
• Hearing on HB 2673 - KPERS, employment after retirement, licensed professional nurses and licensed practical nurses employed at state institutions

            Wednesday, February 27

• Hearing on HB 2673 - KPERS, employment after retirement, licensed professional nurses

and licensed practical nurses employed at state institutions

House Commerce & Labor

Time/Location: 9:15 a.m. Docking Room 784

• No hearings on proposed legislation scheduled at this time.

House Economic Development and Tourism:

Time/Location: 3:30 p.m. Capitol 519-S

• No hearings on proposed legislation scheduled at this time.

House Education:

Time/Location: 9:05 a.m. Capitol Room 313-S

• No hearings on proposed legislation scheduled at this time.

House Elections and Governmental Organization:

Time/Location: 3:30 p.m. Docking Room 784

Monday, February 25

• Hearing on HB 2724 - Municipalities; rental property licensing fees prohibited
• Hearing on HB 2805 - Establishing the Kansas emergency communications preservation act

House Energy and Utilities:

Time/Location: 9:15 a.m. Docking Room 783

Monday, February 25

• Hearing on HB 2872 - Removing the assessment of actual expense of services by the state

corporation commission

• Hearing on HB 2881 - Net metering

Tuesday, February 26

• Hearing on HB 2894 - Duties and powers of the secretary of KDHE in issuing permits for electric generation facility

House Federal & State Affairs:

Time/Location: 1:30 p.m. Capitol Room 313-S

Monday, February 25

• Hearing on HB 2370 - Law enforcement cooperation and assistance in enforcement of immigration laws
• Hearing on HB 2680 - Immigration accountability act
• Hearing on HB 2836 - Immigration reform

Tuesday, February 26

• Continued hearing on HB 2370 - Law enforcement cooperation and assistance in enforcement of immigration laws
• Continued hearing on HB 2680 - Immigration accountability act
• Continued hearing on HB 2836 - Immigration reform

House Government Efficiency and Technology:

Time/Location: 3:30 p.m. Capitol Room 526-S

• No hearings on proposed legislation scheduled at this time.

House Health and Human Services:

Time/Location: 1:30 p.m. Capitol Room 526-S

Monday, February 25

• Hearing on HB 2907 - Prescription drugs; epilepsy and seizures

House Insurance and Financial Institutions:

Time/Location: 3:30 p.m. Capitol Room 527-S

Monday, February 26

• Hearing on HB 2782 - Kansas medical liability reporting act
• Hearing on HB 2900 - Controlled insurance program act

House Judiciary:

Time/Location: 3:30 p.m. Capitol Room 313-S

Monday, February 26

• Hearing on HB 2715 - Kansas insurance code, rules and regulations

House Taxation:

Time/Location: 9:00 a.m. Capitol Room 519-S

Monday, February 26

• Hearing on HB 2543 - Assessment for property tax purposes of newly constructed residential property
• Hearing on HB 2500 - Property tax exemption for certain housing for certain low income mothers

            Tuesday, February 26

• Hearing on HB TBA - Criteria for non-profit sales tax exemptions

House Transportation:

Time/Location: 1:30 p.m. Capitol Room 519-S

Monday, February 25

• Hearing on HB TBA - Purple heart medal recipient license plates

 House Veterans, Military, and Homeland Security:

Time/Location: 1:30 p.m. Docking Room 784

            Monday, February 25

• Hearing on HB 2852 - Placing a security freeze on consumer reports for veterans and

active duty service personnel

• Hearing on HB-2913 - An act concerning service members; relating to civil relief
• Hearing on HB-2905 - An act requiring each state agency to designate a security liaison