Legislative Report, April 27, 2001, Report
Doug Patterson
Kansas State Representative 28th District
Johnson County
12712 El Monte
Leawood, Kansas 66209
913-897-6905
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State Capital Room 174W
Topeka, Kansas 66612
785-296-7631
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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Friday, April 27, 2001
The House of Representatives convened on Wednesday, April 25th, 2001 to begin the wrap-up session of the 2001 Kansas Legislature. Many issues will not be completed until the final hours of the wrap-up session, including the fiscal year (FY) 2002 budget. However, here is an update of current bills passed and under consideration by the Kansas House.
HOUSE TARGETS KANSAS PAYMENT CENTER
The Kansas Payment Center was the focus of legislative scrutiny throughout the 2001 session. The center was established in September 2000 to comply with federal law by centralizing the state’s child support payment system. Since centralizing the system, parents have complained about lost information, late checks, rude employees, unanswered telephone calls and inaccurate records.
The House and Senate passed versions of HB 2508 which codifies what is currently a proviso and Supreme Court Rule authorizing the Kansas Payment Center. The bill also creates the Central Payment Center Oversight Commission to monitor the various aspects of the Kansas Payment Center. The different versions of the bill are now being considered in conference committee.
KANSAS PUBLIC SAFETY ENHANCED
Over the past few years, correctional institutions have experienced a shortage of qualified uniformed officers while prison populations have increased significantly. Corrections officers may receive a salary increase in order to attract and retain prison guards when the FY 2002 Budget passes.
Additionally, the Kansas Highway Patrol has suffered from low retention and high turnover rates. Highway Patrol Officers may also receive a pay increase to boost recruitment. In a 1998 post audit report, it was determined 93 more troopers are need to adequately cover the state. The Highway Patrol is hopeful the salary increase will help fill the vacancies.
STATE ELECTION LAWS RECEIVE A CLOSE LOOK
During the 2000 General Elections, voting procedures and policies across the country were questioned. As a result, many states are using this year to look at their election laws in order to correct problems in the system before they become evident in an election. In Kansas, the Secretary of State examined election laws and proposed legislation to address areas of concern.
The Legislature passed SB 125 which updates provisions that allow for petition requirements and filing deadlines to conform to redistricting plans and deadlines. Also passed was SB 126. The bill establishes new procedures for posting a bond for recounts of state and national elected offices. Additionally, SB 126 sets the time election polls in Kansas are open in the central time zone to coincide with election polls in the mountain time zone, so that election results would not be known in one time zone before the polls close in another.
SB 128 was approved by the Legislature and creates the crime of voter registration suppression. It also expands the crime of intimidation of voters to include mailing, publishing, broadcasting, telephoning, or transmitting by any means false information intended to keep one or more voters from casting a ballot or applying for or returning an advance voting ballot. The measure changes the crime of electioneering at polling places to simply "electioneering" and expands it to include attempting to persuade or influence eligible voters to vote for or against a particular candidate.
LOTTERY RENEWED FOR SIX YEARSLegislators spent the first sixty days of the session debating different versions of a lottery renewal bill. The renewal of the lottery has been somewhat controversial since its inception in 1987. Many individuals question the morality of gambling. In addition, due to the recent alleged misconduct of lottery personnel, some Kansans question the security of lottery transactions. The Legislature had to decide this session whether or not to extend the lottery after its sunset on July 1, 2002.
The Kansas Lottery makes an estimated $195 million in sales each year. Of that, $118.4 million is spent on prizes and $21.5 million on operating costs for the Lottery Commission. The remaining amount is transferred to the state, which totals approximately $60 million in revenue per year. Three funds share $50 million of the revenue as follows: 85% to the Economic Development Initiatives Fund (EDIF); 10% to the Correctional Institutions Building Fund; and 5% to the Juvenile Detention Facilities Fund. The remainder of the revenue is deposited in the State General Fund.
After months of debate, the Legislature presented a lottery renewal bill to the Governor. The bill extends the Kansas Lottery until 2008 and includes prohibitions on conducting games on lottery machines, lottery sales by e-mail, telephone or the Internet and unsolicited advertising by telephone or e-mail. In addition, the measure sets advertising standards in accordance with the North American Association of State and Provincial Lotteries for the Kansas Lottery. It also requires a security audit of the lottery every three years and establishes procedures for renewal or extension of major procurement contracts.
KAN-ED ACT TO HELP CONNECT KANSAS
The Legislature passed a bill that allows students across Kansas to learn subjects which are not offered at their local school. The KAN-ED Act provides for a technology-based network to which schools, hospitals and libraries may connect for broadband Internet access and Intranet access for distance learning. Governor Graves signed the measure as students in four classrooms throughout the state watched via Internet connection.
KAN-ED was recommended to the Legislature by the State Education Technology-Based Network Task Force. The KAN-ED Act enables accredited Kansas schools, libraries and hospitals to use high-speed, broadband Internet access with video distance learning capabilities. The technology-based network would allow urban and rural schools the opportunity to provide distance learning classes that otherwise would not be available.
The Kansas State Board of Regents will contract for the creation, operation and maintenance of the KAN-ED network. The Board of Regents will be responsible for developing a plan to ensure that all institutions participating in the network have broadband Internet access and access to distance learning. On or before July 1, 2002, the Board must adopt rules and regulations for implementation of the Act.
HOUSE BUDGET FISCALLY AND SOCIALLY RESPONSIBLE
This week, the House Appropriations committee presented a FY 2002 budget bill to the full House for debate. Both chambers had passed a FY 2002 budget before the Legislature adjourned for two weeks in mid-April, but lower than projected revenue estimates forced both appropriations committees to rework the numbers in order to balance the budget. The House budget bill represents an increase in total expenditures for FY 2002 over FY 2001 and is not funded by any increases in taxes. The House debated the budget bill and passed it on to the Senate by a vote of 82-43.
The House budget bill includes a salary increase for state employees. The increase will allow the state to attract more individuals to state positions that normally lose employees to the higher paying private sector. It also includes a $50 Base State Aid Per Pupil (BSAPP) increase for K-12 education and funding for Skills for Success. The bill provides substantial funding increases for SRS and the Department on Aging caseloads and waivers. In addition, the bill fully funds the Higher Education Reform Act (SB 345).
EDUCATION A PRIORITY FOR REPRESENTATIVES
Beginning in January, K-12 education became a top priority for the 2001 Kansas Legislature. Recognizing the importance of education, the House K-12 Education Committe worked in two subcommittees. The Accountability Subcommittee based their deliberations on determining what is best for children and working toward that goal. The School Finance Subcommittee looked at funding education with a focus on allowing local school districts the ability to determine equitable education.
As a result of the subcommittees’ work, the K-12 Education Committee and House Leaders presented a bipartisan vision for education that focused on K-3 education. The proposal was designed to provide children with the basics of reading, writing and mathematics by the end of third grade. The Legislature passed the program, commonly referred to as "Skills for Success." The program includes the Governor’s original education budget recommendation and expands the four-year-old at-risk program; develops a school readiness indicator to use with children upon entrance to kindergarten; provides programs to train teachers for implementation of an intensive first grade reading program; designs skill sets for third grade reading, writing and mathematics; designs and pilots a third grade accomplishment examination to be administered each school year; and funds summer school programs for third graders who need intervention. The program provides a vision for K-12 education and focuses money towards that vision.
The House also debated two additional education funding plans. HB 2064 represented an education plan proposed by the Senate. The measure would have increased education funding by an additional $100 million including a $110 increase in BSAPP in FY 2002 and by $130 in FY 2003. In order to fund HB 2064, the bill increased the state sales tax, beer tax, wine tax, cigarette tax, liquor-by-the-drink tax and liquor enforcement tax. Additionally, a new carbonated beverage tax was proposed.
The second proposal was based on enhanced education budget recommendations by Governor Graves. House Bill 2578 included an increase in education funding of $100 million over the Governor’s original budget recommendations. HB 2578 proposed an increase of .2 of a cent in the state sales tax and an increase of 2 cents a gallon in the state gasoline tax in order to fund the legislation. The House rejected both proposals due to the increase in taxes the plans included.
The House FY 2002 budget bill includes a total increase of $20.3 million in funding for K-12 education over FY 2001. This amount includes an increase in BSAPP of $29.9 million. FY 2002 funding for K-12 Education will not become final until the Legislature passes the FY 2002 budget bill.
LEGISLATURE PASSED...
! State Fair Board issued $29.0 million in bonds to make extensive improvements to the fairground. HB 2493
! Driver’s license applicants must be seizure free for six months prior to applying for a Kansas driver’s licence. SB 55
! Income tax credit established for the restoration and preservation of a qualified historic structure pursuant. HB 2128
! A person charged with a person offense in municipal court or a person felony in district court be prohibited from having any contact with the alleged victim for a period of at least 72 hours. SB 205
BILLS IN CONFERENCE...
! Patient Protection Act would be expanded to allow a woman to visit an OB/GYN without referral from a primary care provider. SB 19
! Agriculture Production Loan Deposit program would increase from $50 million to $60 million. HB 2103
! Discount Airline Guarantee Program created which would give the Secretary of Transportation the authority to enter into an agreement to guarantee a maximum of $4.0 million for the operation of a discount airline. Senate Sub for HB 2143
! Kansas Children's Cabinet would be authorized to enter into agreements with not_for_profit entities for the investment of certain moneys. SB 170
Please feel free to forward this to anyone 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
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Paid for by the Committee to Elect Doug Patterson, Dave Imhoff, Treasurer