Legislative Report, 3/1/01, Turn Around
Doug Patterson
Kansas State Representative 28th District
Johnson County
12712 El Monte
Leawood, Kansas 66209
913-897-6905
_________________________________ THIS IS REPEAT OF AN EARLIER E-Mail DIDN=T GET BECAUSE
State Capital Room 174W IT WAS IN WP. THIS IS IN
Topeka, Kansas 66612 MS WORD FORMAT. I=LL USE
785-296-7631 MSW FROM NOW ON
DougPatterson@House.State.KS.US
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Committees:
Judiciary
Commerce, Business and Labor
Health and Human Services
KANSAS HOUSE OF REPRESENTATIVES
http://www.ink.org/public/legislative/index.cgi
http://www.ink.org/public/legislative/status/status.cgi
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MARCH 1, 2001
Last week was "turnaround week" in the Kansas House. Turnaround week is the week when all bills must leave their house of origin in order to be considered by the other body. Only exempt bills, such as Appropriations bills, can remain alive in their house of origin after turnaround week. This week also marks the halfway point of the 2001 legislative session. So far, two of the biggest issues of the session have yet to be decided, the lottery and education. The House and Senate continue to work in conference committee on the renewal of the Kansas Lottery. Both houses have developed recommendations for education standards and funding, but neither have acted on their proposals. Next week, members of the House and Senate will have the opportunity to spend a day in their individual districts visiting with constituents on Monday when neither chamber will be in session.
House Debates Housing Finance Agency - Bill was lost on the Last Day
The House debated a bill on the floor that would create the Kansas Housing Development Corporation (KHDC). This 501(c)(3) corporation would function as a quasi-governmental housing finance agency. Only two other states operate without such an agency. The KHDC would administer the housing programs currently administered by the Housing Division of the Department of Commerce and Housing (KDOCH). The corporation would use existing fiscal resources and personnel to build housing in communities throughout Kansas.
By operating a finance agency, the State would be eligible for federal HUD housing money and other financial opportunities. The bill would assist Kansas families of very low, low and moderate income in obtaining housing. It also would encourage new businesses to locate in Kansas and existing businesses to continue expansion because of available housing stock.
I supported this bill and plans to bring the issue back for debate next year.
Kansas Natural Resource Legacy Alliance
A bill creating the Kansas Natural Resource Legacy Alliance was passed out of the House during turnaround week. The Alliance would develop a vision for the state's natural resources that would assure economic development, natural resource protection, opportunities for natural resource and environmental education, and a healthy environment and quality of life for Kansans. In order to develop the vision, the Alliance would conduct public hearings across the state to seek citizen input and provide information to the public. In addition, the Alliance would establish priorities for attaining the vision, including goals and priorities for tourism, economic development, natural resource and environmental education. The bill now passes on to the Senate for consideration.
House Looks to Comply with Federal Act / DUI refinement
Legislation that would bring the State in compliance with the Federal Education Right to Privacy Act (FERPA) was passed out of the House this week. Under current law, the school administrator is required to notify the Division of Motor Vehicles (DMV) when a pupil over the age of 13 has been suspended from school for possession of a weapon, controlled substance, or illegal drug at school or at a school-sponsored activity. A few Kansas school districts have expressed concern that the school administrator's obligation to report student information to the Division of Motor Vehicles might violate the Federal Education Right to Privacy Act (FERPA). HB 2289 proposes to amend the law to require the school administrator to contact law enforcement officers and not the Division of Motor Vehicles. The law enforcement agency will then investigate the matter and determine if there is probable cause in the case. If there is, then the law enforcement agency will report its findings to the DMV. The House amended the bill to allow for a hearing before a student s license is suspended by the DMV. In addition, as now required by federal law, for certain repeat DUI offenders, the court can require the installation and use of an Interlink in the auto. This is a Breathalyzer with will not allow the car to start if the driver has been drinking. Also, in route, tests are required and if the driver fails the test, the car lights and horn sound the alarm and the cell phone calls the police. Where has this tool been! This will pass the Senate.
House Looks to Add Judges to Appeals Court
Due to backlog at the appeals level, the Kansas Court of Appeals has asked the Legislature to increase the number of judges that sit on the court from four to ten. The legislation, HB 2297, would add one judge to the bench each year, beginning in 2002 and ending 2005. The fiscal note of the bill is $1.6 million. The estimated cost includes salaries and benefits for the four additional judges, their assistants and research attorneys. It also includes a one time remodeling cost to provide space in the Kansas Judiciary Center in what was the Attorney General s office. My Judiciary Committee worked this bill and presented it to the full House this last Thursday.
Value-Added Center Considered by House In the Governor s State of the State message, he recommended the establishment of an agriculture value-added center at Kansas State University. HB 2455 would establish the a biological and industrial value-added center in response to the Governor s proposal. On the floor this week, the House considered the addition of the facility which would be designed to provide opportunities to discover new and added ways to further the University's speciality educational and research programs in processing. The facility would also create value-added products for wheat and food grains. The House Agriculture Committee amended the bill to provide that there would be priority given to research projects of the facility which would enhance Kansas agricultural producers profitability. The center would allow the agricultural industry to partner with researchers and extension specialists in order to develop new uses and greater demand for Kansas agricultural products.
Tax Increment Financing Review
The House passed unanimously HB 2005 which streamlines the development and redevelopment tool of Tax Increment Financing. I had the privilege of working with members of the House New Economy Committee in connection with various municipalities and the Kansas Municipal League on this important economic development tool.
Excise Tax debate still in play
The House and Senate Taxation Committees continue to debate the refinement of excise taxes imposed by cities and counties for all sorts of purposes, such as real estate development, theme parks, the Renaissance festival, mobile home parks and certain agricultural uses. A large number of legislators are very concerned with this new level of taxation, although members of the home building industry and I understand the need for developers to pay for the direct impact development imposes on the adjoining streets, sewers and infrastructure. Rather that ban excise taxes as many legislators are urging, I have debated in favor of these fees imposed upon development much like those imposed in Leawood to insure that new development pays for the infrastructure needs within the impact area of the project. Cities collecting such fees would earmark such fees for scheduled public improvements specifically attributable to the development so paying the fee. The debate on this issue continues. Many legislators are suggesting the elimination of these development fees since they perceive them as an unauthorized extraction not authorized by law or home rule. I am urging refinement of the fee, rather than the elimination of such a development tool.
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Please feel free to forward and if you have e-mail addresses of other interested members of our community, please send them to me for inclusion in this address book.
Respectfully,
Doug Patterson
C:\Dist28\Voter_Reports\turnaroundREV_MSW_2_23_01.doc
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