Dear Friends,
We spent most of the third week of February (Week 6) on the House floor
in an effort to push through bills before the halfway point of the session,
referred to as the Turnaround Deadline. At this point, House bills that
have been adopted by the chamber will go to the Senate and Senate bills
will come to the House. These bills will now go through the committee
process on the other side of the rotunda.
The week after Turnaround (Week 7) is usually relatively slow, but we
did pass the statewide smoking ban, which may prove to be one of the most
important pieces of legislation in this session.
Tony
Week 6: February 15-19, 2010
Budget Update: Rescission bill sent to Governor
The rescission bill passed the House last week and was reconciled with
the Senate version this week. The final product cuts $92 million from
the current budget. The House voted to concur with the conference committee
report on Thursday and it will now head to the Governor for his signature
or veto. It is likely that the FY 2010 budget will still be approximately
$40 million short by July. If revenues continue to come in lower than
expected, we will need to revisit the FY 2010 budget for a sixth time.
If that becomes necessary, we will probably wait until the most updated
revenue estimates become available in April to take any further action.
Legislative post audit reveals
problems with Kansas tax policy
The Legislative Post Audit Committee heard two new reports from the nonpartisan Post Audit division about the impact and effectiveness of tax credits and exemptions in Kansas. Their findings validate the concerns many Kansans have had about the state’s tax policy. For years, the Legislature has arbitrarily granted or denied tax exemptions and credits with no set criteria on which to base its decision. As the number of tax exemptions and credits has skyrocketed, the need for clearly defined and consistent guidelines has become more pressing.
The two audits confirmed that the excessive number of credits and exemptions
cost the state a significant amount of revenue but have little benefit
to the Kansas as a whole. They recommended that the Legislature enact
specific criteria for granting exemptions. Additionally, the audits encourage
the Legislature to review approved exemptions and credits periodically
and to not grant them in perpetuity. This ensures that all credits and
exemptions remain in the public’s best interest over time.
The problems associated with excessive tax credits and exemptions have
surfaced repeatedly throughout the current budget debate. Both the auditors
and Kansas Advisory Council on Intergovernmental Relations agree that
it would be a better policy for the state not to specifically exempt organizations
by name from the sales tax, but rather to exempt categories. Unless Kansans
are willing to accept deeper cuts to schools, seniors, and other critical
services, a serious review and change in tax policy must eventually be
part of the discussion.
New commission to “streamline government”
The House voted 73 to 47 to create the “Kansas Streamlining Government
Commission” on Wednesday. The seven-member commission is charged
with the task of reviewing agencies and programs to determine which could
be eliminated or combined.
Although I believe it is important to ensure government runs efficiently,
more government commissions increase government size, not efficiency.
The Kansas Taxpayers Transparency Commission, which was created in 2008,
serves the same purpose as this commission. I am not enthusiastic about
allocating state dollars to duplicate work. It is also worth noting that
the state budget has been cut by $1billion in the last year. At this point,
agencies are already operating on skeleton crews. Only the most essential
services and programs remain intact, and even those programs have been
dramatically scaled back.
Jana Mackey bill passes House
House Bill 2517 passed the House, which will help the justice system better
track domestic violence cases. The bill was introduced in response to
the 2008 murder of Lawrence resident Jana Mackey.
Currently, many crimes related to an abusive relationship (such as harassment,
damage to property or disorderly conduct) aren’t classified as domestic
violence. House Bill 2517 would allow judges to determine whether crimes
are linked to domestic violence and then tag them accordingly onto legal
documents connected to any criminal act involving an intimate or domestic
relationship. A tag will allow for better tracking of repeat offenders.
This is especially important with domestic violence cases, as most offenders
repeat their crimes (including Jana’s murderer). Additionally, the
bill allows judges to require treatment for the offender, such as therapy.
Ultimately, this legislation will help sanction domestic violence before
it escalates.
Mackey, originally from Hays, was a 25-year-old KU law student when she
was murdered by her ex-boyfriend in 2008. Tragically, she had previously
worked as a lobbyist in the State Capitol on behalf of women who were
victims of domestic violence. In her wake, Jana’s parents have carried
on her passion for fighting domestic violence through the creation of
“Jana's Campaign to Stop Domestic Violence.” The campaign's
goal is to promote new and effective legislation to protect victims of
domestic violence.
Week 7: February 22-26, 2010
Budget Update: No Movement
Last week, the Legislature sent the FY 2010 Rescission bill to the Governor.
He has not yet taken action on the bill, but if he signs it (which he
is expected to do), his signature will officially enact $92 million in
cuts to the current budget, effective immediately. Revenue estimates continue
to come in below what has been expected and the gap has only gotten bigger.
February revenues came in $71 million short for the month, for a total
$105 million shortfall in FY 2010.
We will be forced to revisit the budget in April, after the most current
revenue estimates are made available. Until then, I’m still waiting
to see some major movement on the FY 2011 budget in Appropriations, which
hasn’t yet happened.
Some legislators continue to insist that Kansas has a spending problem,
not a revenue problem. However, those legislators have yet to identify
what programs stand to endure further cuts. After five rounds of cuts
and a sixth round on the horizon, I have a hard time accepting that assertion.
Effective July 1, 2010, Kansas will be smoke free
Last year, the Kansas Senate passed a statewide smoking ban, House Bill 2221. Despite significant support from representatives, the bill was tabled in House committee and essentially killed for the year. Then in January, Governor Mark Parkinson revived the debate and encouraged the Legislature to move forward with this initiative in 2010.
Because the bill carried over from last year, the House retained the opportunity
to concur with the Senate bill. This legislative procedure is utilized
on occasion when a bill with significant support gets “stuck”
in a chamber. If enough members concur, the bill goes directly to the
Governor with no opportunity for amendments. After hours of debate, the
House voted to concur with House Bill 2221 at a vote of 68-54.
Effective July 1st, the Kansas Indoor Clean Air Act will protect Kansans
from harmful secondhand smoke by banning smoking in public places, any
place of employment, including restaurants and bars, and access points
of all buildings not exempted by the bill. Those buildings exempted include:
private homes, outdoor areas with ventilation, gaming floors of lottery
gaming facilities or racetrack gaming facilities, designated smoking rooms
in hotels, and tobacco shops.
This is not perfect legislation and it is very possible that we will need
to do more work on it next year, or pass a trailer bill. Killing the bill,
however, would have delayed the advancement of any clean indoor air act
for years.
There is no risk-free exposure to cigarette smoke. Tobacco-related diseases
cost Kansas nearly $200 million annually in Medicaid costs and are the
number one cause of preventable death. Not only will a smoking ban protect
innocent Kansans from harmful secondhand smoke, it will save our state
millions of dollars during a year when we have no dollars to spare. Health
benefits aside, this is simply good public policy.
Kansas workers rally for worker’s compensation reform
Democrats in the House and Senate joined together with members of the
Kansas Coalition for Workplace Safety on Friday to rally support for worker’s
compensation reform.
Workman’s Compensation has not been adjusted in Kansas for 23 years.
If a worker is injured on the job, he or she can only claim a maximum
of $125,000 in disability benefits, no matter how serious the injury or
how high the medical bills. Even if the injured worker is disabled at
a young age for the remainder of his life, he is capped at $125,000.
Senate Bill 258 would require the Secretary of Labor to adjust the current
workers compensation caps to meet the Midwest cost-of-living adjustment.
The state’s current statutory limits – which have been in
place since 1987 – limit a worker who has suffered a permanent total
disability to a $125,000 cap and a worker who has suffered a partial or
temporary total disability to a $100,000 cap.
Senate Bill 547 would raise compensation caps, require that weekly compensation
be paid to an injured worker who has suffered a partial or permanent total
disability in a sum equal to 75% of the average workers gross weekly wage,
and would also allow injured workers to choose their health care provider.
In a legislative session that will yield very few positive results for
the people of Kansas, we have the opportunity to recognize the dignity
and worth of our state’s injured workers and their families by increasing
the state’s statutory cap on workers compensation.
Health care amendment heard in House committee
On Thursday, the House Judiciary Committee heard testimony on SCR 1615
– the concurrent resolution asserting state sovereignty under the
10th Amendment over “intrusive” federal legislation. Several
state senators gave testimony, along with many citizens from across the
state who have been opposed to federal health care reform.
Proponents testified that the federal government has failed to respect
states rights under the 10th Amendment and that this resolution will carry
that message to Washington D.C. Some also worried about the federal government
establishing state mandates that do not have funding and their effect
on the state budget.
Opponents were concerned that this resolution would send a message to
the federal government that Kansas is not in favor of certain important
federal acts, including the Civil Rights Act of 1964, the Violence Against
Women Act, and other acts relating to inter-state violence like the Amber
Alert law.
I have a number of concerns about this proposal. Foremost, I believe that
it is highly irresponsible to treat the Kansas State Constitution like
a political piñata. There is no federal health care bill yet, so
it seems highly premature to publicly declare opposition to something
that doesn’t even exist.
Secondly, state legislatures are not the place to challenge federal legislation.
If citizens are concerned about a federal law, they can challenge its
constitutionality in court. In my opinion, taxpayers expect Kansas lawmakers
to make more productive use of their time than to argue about federal
legislation over which they have no jurisdiction.
Keep in Touch
It is my honor to serve as your state representative. I value your input
on the issues facing state government. Please feel free to contact me
with your comments and questions. My office address is on the 7th floor
of the Docking State Office Building, Topeka, KS 66612. You can reach
me at (785) 296-7648 or call the legislative hotline at 1-800-432-3924
to leave a message for me. Additionally, you can e-mail me at tony.brown@house.ks.gov.
Useful Numbers and Resources:
The following is a list of the numbers I receive the most requests for
during the legislative session. You can find these as well as many others
online at http://da.state.ks.us/phonebook. I hope you will find this information
helpful.
Adjutant General: Department on Aging: Attorney General:
785.274.1001 800.432.3535 785.296.2215
Better Business Bureau: Child/Adult Abuse Hotline: Child & Family
Services:
785.232.0454 800.922.5330 785.296.4653
Commerce: Consumer Protection: Crime Tip Hotline:
785.296.3481 800.432.2310 800.572.7463
Crime Victim Assistance: Driver’s License Bureau: Gov. Mark Parkinson:
800.828.9745 785.296.3963 800.748.4408
Kansas Health Wave: Highway Road Conditions: Housing Hotline:
800.792.4884 800.585.7623 800.752.4422
Insurance Hotline: Kansas Lottery: Legislative Hotline:
800.432.2484 785.296.5700 800.432.3924
Mental Health Services: Department of Revenue: School Safety Hotline:
888.582.3759 877.526.7738 877.626.8203
Social Security: State Capitol Tours: Taxpayer Assistance:
800.772.1213 785.296.3966 800.259.2829
Tax Refund Status: Teacher Certification: Unclaimed Property:
800.894.0318 785.296.2283 800.432.0386
Unemployment: Vital Statistics: Voter Registration:
785.296.5074 785.296.1405 785.296.4561
Welfare Fraud Hotline: Workers’ Comp: Workforce Center:
800.432.3913 800.332.0353 785.235.5627