IN THIS ISSUE:

• Energy Bill Update
• Immigration Debate Begins In House
• o House Bill 2680: Immigration Accountability Act
• o House Bill 2730: Citizenship Inquiry Requirements
• o House Bill 2836: Illegal Alien Reform Act
• o House Bill 2921: Kansas Employment Verification Act
• Boeing Gets Passed Over For Defense Contract
• Bill Removes Tourism Division From Department Of Commerce
• Bill Will Help Recovery Of Schools In Disaster Areas
• Stalking Law Changed
• Attorney General Offers New Consumer Education Workshops
• Next Week In Committees

This Week At The Capitol:

This was an abbreviated week as the House was only in session for three days and committees met only on Wednesday and Thursday.  There was little debated on the floor or passed on final action.

I did get to meet with Ken Audes Dean of the KU School of Pharmacy and Richard Larivere Provost of KU to discuss a proposal to expand the campus here in Wichita.

Each year the KU School of Pharmacy has to turn away more than 300 qualified applicants.  These bright young men and women are denied admittance to our state' only pharmacy school simply because the school is operating at its maximum capacity of 105 students per class. 

At the same time, our state is experiencing a severe pharmacy shortage.  In more than 30 counties, we have only one pharmacist to serve the population.  Another seven counties have no pharmacist at all.  That forces our state's rural and generally elderly population to drive many miles just to have a prescription filled.

This shortage is not just a rural problem.  Areas like Wichita are suffering, also.  Many local pharmacies cannot find pharmacists to stay open the hours they would like or on weekends.

I am working with other lawmakers, the KU School of Pharmacy, the Governor's office and the Board of Regents to expand their class size and operate a new facility at the School of Medicine campus in Wichita.  The expansion would be phased in and over time would nearly double each year's class from 105 to nearly 200 students.

A modest initial state investment of $1 million along with bonding authority for $50 million covers the state's portion of the expansion.  KU will take responsibility for the remaining funding obligations. 

We cannot solve all of the ills facing healthcare, but this proposal is one we can and should enact to tackle a very real problem facing the health delivery system in our state.  We must have adequate pharmacists and the time to act is now.

Energy Bill Update:

After both the House and Senate approved the Energy Bill a few weeks ago, both chambers sent their legislation to a joint conference committee in an effort to merge and reconcile both versions of the bill.  After a full week of negotiations, the conference committee finished its work.  The legislation passed the House with a 75-47 final action vote on Wednesday.  The Senate approved the measure on Thursday with a 31-7 margin.  Most expect Governor Kathleen Sebelius to veto this bill.  Although the Senate's approval margin could easily facilitate an override, the 75 votes in House fell short of the 84 needed.  There will be intense pressure on the part of the Speaker to get nine votes to override the Governors veto.  Even if the effort to override the veto fails, the proponents of the plant are not expected to give up.  Another bill will be introduced, and the process will begin all over.

The final Energy Bill at a glance:

• Automatically permits the Holcomb plant
• Adds another layer of bureaucracy by establishing the Kansas Electric Generation Science and Technology Commission
• Creates a renewable resources requirement for electric utilities that is less than the Governors proposal
• Minimizes requires for electric generation facilities to utilize carbon dioxide capture or reduction technologies
• Prohibits the state from regulation of air quality and certain utilities
• Places minimal restrictions of mercury emissions from certain electricity generating units
• Provides tax incentives for energy efficiency improvements in residential rental property
• Establishes energy efficiency standards for state buildings and equipment
• Enacts net Metering and Easy Connection Act

Immigration Debate Begins In House

Despite the fact that the legislature has not acted on my request to fully study the social and economic impact of immigration on the State of Kansas immigration discussions began last week in the House Federal and State Affairs Committee with hearings on four pieces of legislation: House Bills 2370, 2680, 2836 and 2921.  The bills focus on various aspects of illegal immigration, including use of E-Verify, citizenship inquiries and social services for illegal immigrants.  Most significantly, the proposed legislation targets employers who hire illegal workers or employers who misclassify workers as sub-contact labor.  It is possible that the bills will be combined in some form before going to the House floor for full consideration.

Unfortunately, the core of the immigration problem lies in federal jurisdiction.  Congress continues to ignore challenges associated with border security, naturalization and work visa issuances, leaving Kansas with few options to truly address the issue at the state level.  This leaves everyone, including lawmakers, business owners and unauthorized workers in a difficult position, making it hard to create, comply and enforce employment and immigration laws. 

Supporters of statewide immigration reform argue that business owners cannot compete against contractors who employ underpaid illegal workers.  Immigrants come to Kansas for jobs and should not be hired illegally.  This is something Kansas law can and should address.  Furthermore, supporters wish to prevent illegal immigrants from voting in elections or receiving public assistance.  Which is already against the law and there is no evidence of this happening.

Opponents warn of unintended consequences, including a significant workforce decline that could pose a serious harm to Kansas industries already struggling to survive.  In addition, cities noted concern of discrimination by enacting legislation that requires law enforcement to ask individuals detained about their citizenship or immigration status.  Furthermore, the immigration problem needs to be solved without hurting businesses, especially those businesses trying to abide by the law.   

A breakdown of proposed legislation in the House is below:

House Bill 2680: Immigration Accountability Act

House Bill 2680 would prohibit employers from intentionally or knowingly employing an illegal alien.  If a business receives a complaint for hiring an unauthorized worker, the Attorney General or county attorney would investigate to determine if the employer is in violation of the law.  Law enforcement would notify the United States Immigration and Customs Enforcement if the employer were found guilty.  For a second violation, the court would order the appropriate agencies to permanently revoke all licenses necessary to operate the employer's business. The Attorney General would also maintain a database of employers who have a first violation and make court orders available online.

All employers would be required to verify new employee eligibility through E-verify, an electronic system jointly administered by the Department of Homeland Security and the Social Security Administration.  This would not apply to individuals hired prior to 2009. The bill would prohibit state agencies or municipalities from awarding a public works or purchase contract to a bidder, contractor, or employer who has violated this act within the preceding five years. 

House Bill 2680 also creates penalties for worker misclassification.  Enforced by the Kansas Department of Labor, this provision aims to protect workers from unfairly classifying workers as independent contractors and punish employers who try to manipulate the current system.  The bill would allow any person to file a complaint against an employer if employees are not classified properly.  If the employer is found guilty, the Department of Labor could assess appropriate civil penalties. 

House Bill 2370: Citizenship Inquiry Requirements

House Bill 2370 would require all state and local law enforcement officers to inquire into the citizenship or immigration status of any person detained for any violation of law.  If a law enforcement officer finds an offender is not legally present in the United States, federal immigration authorities would have to be notified. The law enforcement agency would be required to detain the person if requested by federal authorities. 

House Bill 2836: Illegal Alien Reform Act

House Bill 2836 also focuses on punishing employers who knowingly hiring or recruiting illegal workers.  The bill would allow a court to suspend or revoke all licenses of a business if it is found that the business knowingly hired or recruited unauthorized aliens, suspending the business based on the number and severity of violations.  Every business would be required to sign an affidavit affirming that it does not knowingly employ any person who is unauthorized to work in the United States.

This legislation would also require all employers who operate under a license or permit and all state agencies, departments and boards to enroll in the federal E-verify system.  All employees would be required to be e-verified. Any business receiving a grant or contract from the state would be required to provide documentation affirming its participation in e-verify.

The bill would require law enforcement to determine the citizenship and legal status of each individual in the state who is detained for any violation of state law or municipal ordinance. The Attorney General would be required to enter into an agreement with the Department of Homeland Security to designate certain state law enforcement officers as having federal immigration enforcement authority.

House Bill 2836 also denies public benefits to those unlawfully in the United States and makes verification of citizenship part of the benefits application process. The bill would allow local governments to enact laws to prevent rental housing to undocumented immigrants with legal penalties against employers who violate the bill.  There are also provisions that when applying for a driver's license, an individual must provide proof of citizenship and immigration status.

The Illegal Alien Reform Act would establish new penalties for violators.  The bill creates the crime of employment identity fraud if false or misleading identification documents are presented to an employer in order to obtain employment. The crime would be a felony. Additionally, a person who votes or attempts to vote in an election and who is not a lawful registered voter (or someone who helps a person vote who is not a lawful registered voter) would be charged with a felony.

House Bill 2921: Kansas Employment Verification Act

This legislation would require employers in Kansas to verify the identity and eligibility of all employees.  The employers must complete and retain a federal employment eligibility verification, or Form I-9, for each employee. 

Current law makes both dealing in false identification documents and the crime of identity fraud severity level 8 nonperson felonies. House Bill 2921 would add false identification documents, which are used by an illegal immigrant to obtain employment documents, to the current list of illegal identification documents and would make the crime of dealing in such documents a severity level 5 non-person felony. If the documents were used for the purpose of obtaining employment or used by an illegal immigrant, that crime would also be a severity level 5, nonperson felony.

This bill is being pushed by the business community and is essential a restatement of the current laws and practices.  As it would not change much of anything, business favors this bill.

Boeing Loses Defense Contract

This week I cosponsored a resolution to Congress requesting the reversal of the United States Air Force decision to award a $35 billion contract to build airborne refueling planes to Northrop Grumman Corporation and a European partner.  This decision delivers a major blow to Boeing Company, based in Wichita.  Had Boeing been awarded the contract, it would have brought approximately 3,800 jobs to Kansas and $145 million a year in economic impact to our state.  This does not only hurt Boeing in Wichita, it hurts dozens of other machine shops and small manufacturing companies in Kansas that would have benefited from added business. 

I am extremely disappointed that the United States Air Force did not select Boeing's KC-767 as the next generation of refueling tankers.  No other plane would have provided better fuel efficiency, higher value to taxpayers and greater tactical advantages than Boeing's KC-767.  Boeing maintains a proven history of excellence and worked hard to secure this contract; now those jobs will be shipped overseas.  The United States Military's decision to award a foreign country a contract to build critical military machinery is both strategically and economically wrong. 

Unfortunately, there is little action state lawmakers can take at this point, aside from continuing to support aviation research initiatives in Wichita.  Boeing will decide whether or not to appeal this decision.  I strongly encourage you to contact your federal representatives to express your outrage at this decision.

Senator Sam Brownback

303 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-6521

Senator Pat Roberts

109 Hart Senate Office Building
Washington, DC 20510-1605
Phone: (202) 224-4774

Congressman Jerry Moran

2202 Rayburn House Office Building
Washington, D.C. 20515
Phone: (202) 225-2715

Congresswoman Nancy Boyda

1711 Longworth House Office Building
Washington, D.C. 20515
Phone: (202) 225-6601

Congressman Dennis Moore

727 Longworth House Office Building
Washington, DC 20515
Phone: (202) 225-2865

Congressman Todd Tiahrt

2441 Rayburn Building

Washington, DC 20515

Phone: (202) 225-6216

Senate Removes Tourism Division From Department Of Commerce

Last week the Senate passed Senate Bill 501, establishing the Kansas Tourism Corporation as an independent agency.  This agency, similar to the Kansas Bioscience Authority or the Kansas Turnpike Authority, will aim to provide for a collaboration of public and private organizations to enhance tourism efforts in the state.  Currently, these responsibilities fall under the Kansas Division of Travel and Tourism at the Department of Commerce, which will transfer to the Kansas Tourism Corporation by 2009.  The agency will operate under a 13-member board, with nine members named by the governor and legislative leaders and four members appointed by the Travel Industry Association of Kansas.  Senate Bill 501 passed the Senate 40-0 and now goes to the House for consideration.

Bill Will Help Recovery Of Schools In Disaster Areas

The House has received a bill approved in the Senate that will help schools in tornado-ravaged Greensburg and flood-stricken areas of southeast Kansas.  The bill would allow such school districts to use their enrollment count for the 2006-07 school year for the next three years.  The disasters have reduced their student numbers. Because state school funding is based on enrollment, using the higher number will prevent the districts from seeing a drastic cut.  The Senate approved the bill 40-0.

Stalking Law Changed

House Bill 2850 passed the House last week at a vote of 123-0.  If it passes the Senate, the bill will enable law enforcement to more effectively respond to stalking complaints and proactively protect Kansas communities.  Under current law, "credible threat" is defined as a threat made with intent and apparent ability to carry out the threat, according to the United States Department of Justice.  Additionally, courts require that the threat must be recognized by a "reasonable" person.  Law enforcement in support of the bill expressed frustration that the definition is too difficult to prove, as interpretations vary significantly based on circumstance and person.  House Bill 2850 amends the "credible threat" definition to include intentional, reckless engagement in conduct that causes a reasonable person to fear for their safety or for the safety of their family.  The bill also changes penalties for stalking.  House Bill 2850 would make a first-time conviction a Class A misdemeanor, with second and third convictions as felonies with increasing levels of severity.

The legislation developed in response to the 2007 rape and murder of Jodi Sanderholm, a 19-year-old student whose killer stalked her and her peers for years prior to her death.  Law enforcement could not adequately protect Sanderholm because according to current statute the murderer broke no law until he kidnapped her.  Under the new provisions of the stalking law, more clearly defining the statute, and allowing law enforcement to take action before complaints become life threatening may prevent brutal murders and crimes like this. 

Bill Would Change Process For Selecting Judges

One controversial bill to watch in the coming weeks includes House Bill 2799, which would establish a nine-member Court of Appeals Nominating Commission and fundamentally alter the method in which Kansas Supreme Court and Court of Appeals justices are selected.

Though a nominating commission already exists, this bill would change the membership significantly.  The Speaker of the House of Representatives, the President of the Senate and the Governor would each appoint three members, including at least one member of the Kansas Bar, for a total of three attorneys.  Previously, the legislature had no role in selecting justices, guaranteeing balanced appointments that do not leave justices feeling obligated to a particular political party.

Changing the method of selecting Supreme Court justices would require a constitutional amendment.  However, changing the selection process for Court of Appeals judges can be accomplished via statute.  Supporters contend that attorneys hold too much influence in the current process, which is what they say prompted the proposed change.  On the other hand, opponents argue that this bill would overly involve the legislature in the selection process, not only requiring confirmation from the Senate but also by establishing a commission composed of politicians: three from the Speaker of the House, three from the House of Representatives and three from the Governor. 

Additionally, the legislation would remove the Governor's authority to select one candidate from the commission's top three choices, further throwing off the balance of power.  The single candidate selected by the commission would stand for confirmation by the Senate.  This change would apply to both Supreme Court and Court of Appeals judges. 

This legislation generates significant controversy and has yet to move out of committee.  Supporters attempted to pass this legislation in previous years, but hit roadblocks in both chambers. 

Attorney General Offers New Consumer Awareness Workshops

Consumer awareness workshops are now available by experienced staff from the Attorney General Steve Six's Consumer Protection Division.  These workshops are available upon request for organizations and communities.  Workshop topics include identity theft, tips for senior consumers, being a smart consumer, telemarketing and junk mail. 

In recognition of National Consumer Protection Week, I encourage you to educate yourself on important consumer issues.  As we increasingly use the Internet to pay bills, shop, sell and bank, updated consumer education becomes even more helpful and necessary.  However, online consumers are not the only individuals at risk.  Scams, fraud and other unscrupulous business practices take place everywhere, both on and offline.  General education and awareness is imperative in all decisions you make as a consumer. 

In addition to consumer awareness workshops, the Attorney General's office has provided numerous helpful tips and resources to help you increase your financial savvy and better protect yourself. 

Attorney General consumer protection tips include:

• Online safety tips for parents
• Phishing e-mail scam information
• Checking phone bills for cramming
• Protecting your rights when facing foreclosure
• Avoiding work-at-home scams
• Preventing scams in disaster areas
• Reducing junk mail
• Investigating before donating to charities/organizations

Additionally, Kansas law helps protect you from telemarketing calls through the Kansas No-Call Act.  You can greatly reduce the number of unwanted calls to your home or cell phone by signing up to this list.  To add your number to the No-Call List, call toll-free 888.382.1222 (or 866.290.4236 for TTY) from the number you wish to register or sign up online at http://www.donotcall.gov/.

Below are more links to helpful consumer resources, also available on the Attorney General's website, http://www.ksag.org/.

• Internet Fraud
• FTC Consumer Services
• Federal Consumer One-Stop Shopping
• Consumer Jungle
• Mail Fraud
• FakeChecks.org

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, or checking the House Calendar at http://www.kslegislature.gov/. 

House Agriculture and Natural Resources:

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

            Monday, March 10

• Hearing on SB 474 - Controlled shooting areas; field trials

Tuesday, March 11

• Hearing on SB 557 - Department of Agriculture; certification of free sale; food safety
• Hearing on SB 584 - Transfer of food service and lodging duties to Department of Agriculture

Wednesday, March 12

• Hearing on SB 475 - Kansas hunters feeding the hungry, incorporated

Thursday, March 13

• Hearing on SB 558 - Irrigation districts; conducting elections by mail

Appropriations

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

            Friday, March 14

• Hearing on HB 2936 - Appropriations for FY2009 and FY2010 for capital improvements for various state agencies
• Hearing on HB 2946 - Appropriations for FY 2009 through FY 2013 for various state agencies
• Hearing on HB 2947 - Supplemental appropriations for FY2008, FY2009, FY 2010, and

FY2011 for various state agencies

House Commerce & Labor

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

Wednesday, March 12

• Hearing on SB 461 - Employment security law; requiring wage reports, contribution returns and making certain payments
• Hearing on SB 612 - Discrimination in employment; victims of domestic violence and sexual abuse; authorizing enforcement and rules and regulations authority for the Secretary of Labor

House Economic Development and Tourism:

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

            Tuesday, March 11

• Hearing on SB 489 - Limits on use of regional foundation funds

House Education:

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

            Tuesday, March 11

• Hearing on SB 470 - School safety violations
• Hearing on SB 420 - School districts; notice of non-renewal or termination of teachers' contracts

Wednesday, March 12

• Hearing on SB 401 - School districts; pupils receiving education services while residing at a psychiatric residential treatment facility
• Hearing on SB 399 - Mandatory attendance of kindergarten; age of eligibility

House Elections and Governmental Organization:

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

• No hearings on proposed legislation scheduled at this time.

House Energy and Utilities:

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

            Tuesday, March 11

• Hearing on SB 555 - Notice for customers of certain utilities of proposed rate increases by such utilities, CURB intervention in such rate increase proceedings subject to deadline
• Hearing on SB 580 - Establishing the weatherization assistance program account of the state housing trust fund, providing annual transfer from state general fund

Wednesday, March 12

• Hearing on SB 526 - Distribution of moneys from E-911 fees
• Hearing on SB 614 - Response by public entity to Kansas electric transmission authority intent to construct shall be on or before 90 days following publication of notice in Kansas register

House Federal & State Affairs:

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

Monday, March 10

• 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
• Hearing on HB 2921 - Creating the Kansas employment verification act

Tuesday, March 11

• 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
• Hearing on HB 2921 - Creating the Kansas employment verification act

Wednesday, March 12

• 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
• Hearing on HB 2921 - Creating the Kansas employment verification act

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

• Sub-committee on Health Reform issues meeting, Monday-Wednesday

House Insurance and Financial Institutions:

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

Monday, March 10

• Hearing on SB 443 - Long-term care partnership act
• Hearing on SB 127 - Insurance; subsidence insurance

Tuesday, March 11

• Hearing on SB 560 - Enacting the property/casualty flex-rating regulatory improvement act
• Hearing on SCR 1616 - Urging the study of the design and implementation of an electronic motor vehicle financial security verification system

Wednesday, March 12

• Hearing on SB 464 - Reinsurance agreements; granting the commissioner limited discretion to waive certain requirements
• Hearing on SB 498 - Increasing ceiling on certain insurance fines and penalties to $1,000

Thursday, March 13

• Hearing on SB 511 - Study on bariatric surgery by the Kansas health policy authority; necessity and effect of bariatric surgery for morbidly obese, impact on health insurance and cost analysis
• Hearing on SB 561 - Removal of maximum coverage limitation on creditor/debtor group life insurance

House Judiciary:

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

            Monday, March 10

• Hearing on HB 2527 - access to records in child in need of care cases

            Tuesday, March 11

• Hearing on SB 467 - manufactured housing, filing of security notice
• Hearing on SB 411 - factors affecting inmate's suitability for parole
• Hearing on SB 418 - Kansas sentencing commission; duty to annually produce official juvenile correctional facility population projections
• Hearing on SB 419 - criminal procedure; form and consent of journal entry

            Wednesday, March 12

• Hearing on SB 379 - indemnification clauses

            Thursday, March 13

• Hearing on SB 423 - notice of filing of foreign judgment
• Hearing on SB 424 - oil & gas leases, distribution of monies deposited with the court
• Hearing on SB 448 - applicability of Kansas general corporation code to certain cooperative
• Hearing on SB 449 - UCC secured transactions, striking forms
• Hearing on SB 450 - cemetery corporations, investment of permanent maintenance fund

House Taxation:

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

            Tuesday, March 11

• Hearing on SB 487 - Sales tax exemption for fees for guided and non-guided hunting and sale of game birds
• Hearing on SB 510 - Property tax exemptions; certain farm machinery and equipment

Wednesday, March 12

• Hearing on HB 2928 - Enacting the Senior Citizen Property Tax Deferral Act
• Hearing on HCR 5015 - State constitutional amendment; taxation; watercraft

Thursday, March 13

• Hearing on SB 444 - Property tax exemption for certain tangible personal property with purchase price less than $1,500
• Hearing on SB 471 - Electronic filing of tax returns and reports

Friday, March 14

• Hearing on HB 2823 - Sales tax authority for Brown County
• Hearing on HB 2930 - Authorizing retailers' sales tax authority for Barton County
• Hearing on HB 2932 - Sales tax authority for Butler County
• Hearing on HB 2941 - Sales tax authority for Jefferson County for employer contributions for certain KP & F retirement system members

House Transportation:

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

Tuesday, March 11

• Hearing on SB 462 - Motor carriers, base state registration
• Hearing on SB 509 - Authorizing the state corporation commission to sell certain impounded motor vehicles

Thursday, March 13

• Hearing on SB 522 - Fleet registration for motor vehicles
• Hearing on SB 523 - Designating part of Kansas highway 25 as the Great Plains Indian highway

House Veterans, Military, and Homeland Security:

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

• No hearings on proposed legislation scheduled at this time.