• This Week in the Statehouse
• FY 2011 Budget Update
• Health Care Freedom Amendment fails to pass House
• Rainy Day Fund will stabilize Kansas budget
• Unemployment Insurance bill signed into law
• Open Records events planned
• Bills signed into law this week

This Week in the Statehouse

We had a short week of long days in Topeka this week.  With Drop Dead Day approaching, we were on the floor from morning to evening Monday, Tuesday and Wednesday in an effort to push through as many nonexempt bills as possible.  The House adjourned for the week on Wednesday evening, giving conference committees a chance to reconcile approved bills on Thursday and Friday.  We will reconvene on Monday, but the floor schedule will fluctuate as conference committees continue meeting to iron out differences between House and Senate versions of bills.

Looking to the final days of the session, First Adjournment will likely be sometime next week (pushed up from its original date of April 6).  Veto Session is set to begin on April 28 and Sine Die (the ceremonial close of the session) is scheduled for May 28. 

FY 2011 Budget Update

We had expected to debate the Mega Appropriations bill on the House floor this week, but it now appears that we will not work a budget until after First Adjournment.  Every legislative session since 1996, an appropriations bill has been passed prior to the April break.  It includes the bulk of funding for state agencies.  The Legislature reconvenes approximately a month later for the Veto Session (also referred to as the Wrap-Up Session) to pass an "Omnibus Budget Bill."  The Omnibus Bill normally contains technical adjustments to previous appropriations bills, financing for Governor's budget amendments which were not considered as part of regular appropriations bills, and financing of substantive legislation that passed earlier in the session.  The calendar is structured in this manner to allow time for the Legislature to make budget adjustments based on updated revenue estimates, which become available in mid-April. 

Given that the budget bill that passed out of the House Appropriations Committee was an all cuts budget that reduced school funding by $177 million and cut many critical services to the mental health centers, as well as across-the-board cuts to all agencies, it is not surprising that there are not enough votes to pass it.  Informal polling suggests that out of the 63 votes necessary, there are less than 40 in favor of the bill.

The Senate has obtained an Attorney General opinion that states that running a budget along with a tax bill would not violate the two subjects rule.  This rule prohibits a bill from containing more than one subject.  My best estimate is that neither the House nor Senate will vote on a preliminary budget before the April break.

I know that we are all waiting anxiously to find out what the House will do with the FY 2011 budget.  I am hopeful that House leadership will announce their plans for the budget bill early next week.

Health Care Freedom Amendment fails to pass House

Early this week, the floor discussed House Concurrent Resolution 5032, which purportedly would have Kansas opt out of the federal health care bill. However, the constitutional amendment would have done nothing to deter the regulations included within the federal health care bill.  I am absolutely convinced that the new law falls well within the authority of the federal government.

Many members voiced concerns and raised fears that the health care bill will cause the federal deficit to skyrocket, the government will take over all heath care, and that there are draconian punishments and penalties on employers who offered no health insurance for employees.

Unfortunately, there are those who would use fear as the centerpiece for their arguments. Regardless of where you stand on health care reform, no one can deny that the debate has been passionate, contentious, and even dangerous in recent days, as opponents across the country and right here in Wichita have perpetrated acts of terror and violence. 

The federal health care bill has been law for less than a week.  The Kansas State Constitution, however, has been in existence since 1859.  It is "forever" document and should not be exploited for political purposes in response to a hot button issue.

Furthermore, challenges to federal law are examined by the United States Supreme Court on the basis of the United States Constitution and I have no doubt that the reform bill will be so challenged.  The Kansas State Constitution has no bearing on those decisions.  Taxpayers expect the Legislature to engage in thoughtful debate and to cast meaningful votes.  While I respect your personal opinion about federal health care reform, it would be disingenuous to vote for any piece of legislation with no legal authority. 

Rainy Day Fund will stabilize Kansas budget

Another proposal to amend the constitution came before the Legislature this week to help solve a recurring problem in Kansas government.  SCR 1614 would create a debt stabilization fund as well as a debt prepayment fund in Kansas' treasury. Beginning July 1, 2011, the amendment would require income the state receives, that is 3 percent above the previous year's tax receipts, be put aside in a budget stabilization fund, up to a full percentage point of the tax receipts.  The savings would occur only during years of excess, and the saved funds would be available in the future for years in need.

This is a familiar concept to Kansas families who put a little money away every month in the event that they come upon hard times.  State revenues will always operate in cycles.  Putting a little money away when the state is prospering will help lessen the hit that many agencies and organizations take when the economy falters.

Additionally, it is always important to help pay-down state debt, and this amendment would require and enable the state to do just that.

On Wednesday, the House floor passed the resolution favorably with a vote of 102-20, which was far above the 84 needed to advance.  If the Senate approves the proposal, voters will be able to decide on the amendment in the next election.

Unemployment Insurance bill signed into law

Governor Mark Parkinson this week signed legislation to protect Kansans' unemployment benefits and ease the financial burden on businesses as the state works its way through the national recession.

This legislation is critical to Kansans during these difficult economic times. Our Unemployment Trust Fund offers a lifeline to those who are struggling to find work and depend on benefits to provide for their families. With this bill, businesses will receive the necessary relief in providing to the fund, while Kansans needing assistance will be able to maintain their benefits.

HB 2676 will reduce contribution rates for employers who have not experienced high numbers of layoffs.  Employers with higher experience ratios will keep the current rate cap of 5.4%.  Additionally, the bill gives employers 90 days from the due date to pay their contribution taxes without being charged interest.

Open Records events planned

In honor of Sunshine Week, Attorney General Steve Six will host open government regional training opportunities this June.

The regional trainings will bring together public officials, Kansas citizens, media and more, to better understand the Kansas Open Records Act (KORA) and the Kansas Open Meetings Act (KOMA).  The workshops will be held June 22 through July 1 in Salina, Wichita, Olathe, Pittsburg and Topeka. The workshops are available free to the public, although registration is required.  Last year, over 400 people participated in the first KORA KOMA regional training workshops.

I encourage you to participate in these important programs, Under Kansas law, citizens have the right to access public records and observe many meetings where decisions are made that affect our state.  It is important that Kansans know and understand their rights.

For more information please visit, http://www.ksag.org/page/national-consumer-protection-week-2010.

Bills signed into law this week:

Governor Parkinson signed a number of bills this week, bringing the total number of bills signed during the 2010 legislative session to 33.

Concerning state purchasing laws and regulations

HB 2433 extends a three-year pilot program exempting the University of Kansas and Fort Hays State University from state purchasing laws and regulations, including the Prison Made Goods Act.  The bill also broadens the exemption to all Regents universities, the University Press and certain real estate leases. The program was set to sunset on June 30, 2010. HB 2433 also authorizes the Secretary of the Department of Corrections to sell prison-made goods to private residents and businesses of Kansas. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning court procedure, time limitations for filing

HB 2364 will add "days on which the court is not accessible" to the list of days excluded from time limitations for filings and court procedures. Currently, time limitations exclude Saturdays, Sundays, and holidays when the court is not open for business. The bill takes effect upon its publication in the Kansas Register.

Concerning motor vehicle liability coverage

HB 2492 will amend a provision in the Kansas Automobile Injury Reparations Act to require insurance companies to add the make and year of an insured vehicle to the list of information required to be included on insurance identification cards. The bill takes effect upon its publication in the Kansas Statute Book.

Designating the 1st Lieutenant Michael Hugh Breeding memorial bridge

HB 2436 would designate bridge no. 62 located on U.S. Highway 77 in Marshall County as the Michael Hugh Breeding Memorial Bridge. 1st Lieutenant Breeding's plane was shot down near the Quang Tri Providence in Vietnam on February 12, 1970.  His body was never recovered. The bill takes effect upon its publication in the Kansas Statute Book.

Designating SFC David R. Berry/SGT WillSun M. Mock memorial highway

HB 2555 would designate part of K-14 highway, U.S. Highway 160 and K-2 highway as the SFC David R. Berry/SGT WillSun M. Mock memorial highway.  The bill takes effect upon its publication in the Kansas Statute Book.

Concerning corporations; relating to indemnification

SB 398 amends the Kansas Corporation Code to state that a right to indemnification or to advancement of expenses arising under the provisions of the certificate of incorporation or a bylaw would not be eliminated or changed after the act or omission of the individual requiring indemnification has occurred. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning business trusts filings with the office of the Secretary of State

SB 438 will eliminate the requirement in current law that a domestic or foreign business trust must file a balance sheet with the Kansas Secretary of State's office. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning municipal bonds

SB 451 will change municipal bond law to allow municipalities the option of accepting the good faith deposit for a municipal bond in the form of cash. Current law allows the good faith deposit to be made only in the form of a certified or cashier's check or surety bond. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning contact lenses

SB 489 amends the Patient's Contact Lens Prescription Release Act by allowing it to regulate the distribution of contact lenses not only through the United States Postal Service, but also through commercial couriers, overnight couriers or other delivery services.  The Kansas State Board of Healing Arts testified that the bill would allow the Board to carry out the original legislative intent and purpose of the law. Distributors of contact lenses are required to register with Board of Healing Arts.  Currently, the Board registers six distributors in the state. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning rural water districts and annexation

HB 2283 enacts new law that requires a city to give written notice to a rural water district not less than 60 days before the effective date of a proposed annexation of land served by the district into the city.  If the city designates a different supplier of for the annexed area, the city would be required to purchase the property, facilities, improvements, and going concern value of the district located in the annexed territory.  HB 2283 also outlines the method in which the city and rural water district is to engage in mediation. In addition, the bill outlines the additional factors that must be determined by a rural water districts governing body when determining whether or not lands should be released. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning employment of persons by care services providers

HB 2323 amends current law concerning background checks of job applicants for adult care homes or home health agencies.  The bill would add conviction of felony theft to the list of convictions the prohibit individuals from employment by adult care homes and home health agencies. In addition, the bill would allow employers to submit criminal record checks requests for licensed staff and volunteers through the Kansas Department of Health and Environment to the Kansas Bureau of Investigation, but would not require them to do so. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning military installations and adjacent areas

HB 2445 promotes communication and collaboration between military installations and municipalities that are adjacent to military installations.  The bill requires each adjacent municipality and commander of a military installation to meet at least once a year. The bill also requires military installations to notify and coordinate with municipalities regarding any development, project, or change that alters or amends a Joint Land Use Study area, Army Compatible Use Buffer, Air Installation Compatible Use Zone, or Environmental Noise Management Plan.  Municipalities would be required to notify the applicable commander of any adoption or change to a comprehensive planning document that affects any agree-upon area. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning probate

HB 2456 makes a technical change to probate law, clarifying that it is the "known" estate subject to probate that is of concern. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning optometry, relating to ophthalmic lenses

HB 2584 allows ophthalmic lenses with medication to be dispensed by optometrists over any period of time required. Under current law, optometrists can dispense no more than a 24-hour supply of medication in lenses at a time.  The bill takes effect upon its publication in the Kansas Statute Book.

Relating to banks and banking

HB 2609 amends the Kansas Banking Code to allow state-chartered banks to purchase and hold life insurance policies for limited purposes, such as employee compensation, within set limitations.  Banks would be allowed to purchase insurance for the same reasons and to the same extent as national banks. The bill codifies authority Kansas banks currently have under a Special Order issued by the Bank Commissioner in 2005. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning registered nurse anesthetists  

HB 2619 amends current law regarding the scope of practice allowed for registered nurse anesthetists. Under the direction of a physician or dentist, RNA's would be allowed to order or administer medication and anesthetic agents necessary to implement anesthesia plans of care. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the Kansas Judicial Review Act

SB 376 changes all references in the statutes from the Act for Judicial Review and Civil Enforcement of Agency Actions to the Kansas Judicial Review Act.  This is a technical clean up of SB 87, passed in 2009, that enacted, among other things, the name change. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the Laboratory Fee Fund

SB 396 establishes the Laboratory Equipment Fund within the Department of Agriculture. The fund would be used for the acquisition, maintenance, and replacement of equipment used in the Agriculture Laboratory and Metrology Laboratory. Up to 10 percent of carry-over funds from various Department of Agriculture Fee Funds would be transferred to establish the fund up to $500,000. The bill takes effect upon its publication in the Kansas Statute Book.

Relating to registration of insignias

SB 440 would repeal the statutes regarding the registration of insignias (a symbol or emblem) with the Secretary of State. According to the Secretary of State's office, the law is seldom used, and an insignia could be filed as a service mark or trade mark under current law. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning county bonded debt limits

SB 463 adds Norton County to the list of counties authorized to have a bonded indebtedness limit of 30 percent of the assessed value of all tangible taxable property.  Current law limits indebtedness to three percent, except for Franklin and Wyandotte counties, for which the limit is 30 percent. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning payment of property taxes

SB 464 clarifies the "second half" property tax payment deadline date in three statutes to conform with legislation passed in a previous year. The legislation returns the payment date to May 10 from June 20. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning discount cards, filing requirements

SB 508 requires any healthcare card supplier who sells discount cards in Kansas to file an annual notice with the Secretary of State of intention to sell the discount card and submit the surety bond required by law to the Secretary of State. The legislation also requires suppliers to obtain approval of the surety bond by the Attorney General and file a copy of the bond and proof of renewal with the Secretary of State with the annual notice. The bill takes effect upon its publication in the Kansas Statute Book.