Kansas House of Representatives - District 28

Legislative Report, 3/8/02

Rep. Doug Patterson – Leawood, Kansas – District 28

Legislative Report

Week of March 4, 2002

HOUSE DEBATES REGENTS RESEARCH BILL

This week, the House considered the University Research and Development Enhancement Act. The legislation would give the Kansas Board of Regents the ability to make and execute contracts for the construction, operation, and management of scientific research and development facilities. In addition, the legislation would authorize the Board of Regents to issue bonds through the Kansas Development Finance Authority (KDFA). The KDFA would be authorized to issue bonds for not more than $110.0 million on behalf of the Board of Regents. The Board would be authorized to form one subsidiary corporation to perform or to assist the Board of Regents in the performance of its powers, duties, and functions related to scientific research and development facilities.

Under this bill, the state will be responsible for debt service payments on the bonds. These payments are limited to not more than $10.0 million per year and not more than $50.0 million in total. Debt service is scheduled to begin in FY 2004 and would continue for five years. During debate on the House floor, two amendments were added to the committee bill. First, the House amended the bill with a funding mechanism that would require Economic Development Initiative Fund (EDIF) monies to be used for the debt service payments. The House also added a new section to the bill. New Section 11. of HB 2960 would require all employees of contractors and subcontractors, who are awarded contracts with the state, to be paid a prevailing wage. Prevailing wage is defined as a wage that is not less than the hourly wages, including fringe benefits, paid to corresponding classes of laborers and mechanics employed on similar projects in the county where the project is to be performed.

If passed by the legislature, the measure would assist with four research and development projects: a Food Safety and Security Research Facility at Kansas State University, a Biomedical Research Facility at the University of Kansas Medical Center, expansion of the Aviation Engineering Complex at Wichita State University and equipping the Biosciences Research Building at the University of Kansas. The legislation would expand research and development infrastructure at state universities. Expanded facilities serve as an incentive for federal grants. Supporters of the bill believe it is primarily an economic development initiative with an emphasis on developing and safeguarding major sectors of the Kansas economy. The House approved the measure and sent it on to the Senate for consideration.

HOUSE ADDRESSES JUDICIAL CONCERNS

This week, the House debated several judiciary bills. HB 2399, which amends the sex offender registration law, passed the House 109-13. The bill would require juvenile offenders to register if they commit crimes which, if committed by an adult, would require registration under the Offender Registration Act. The adjudicated juvenile would be on the registration list until they turn 18 years of age or after five years following adjudication, whichever is later. A bill which amends the aggravated battery statute passed the House this week. HB 2735 adds unintentionally causing great bodily harm while driving under the influence of alcohol or drugs (DUI) and unintentionally causing bodily harm while DUI to the battery statute. The current penalty for causing bodily harm is a level 8 person felony and does not include DUI. Under this legislation, the penalty for causing great bodily harm while DUI is a severity level 5 person felony.

The House also considered a bill that would increase juror compensation to $25 per diem for each day of service for those persons selected for jury duty. Currently jurors who are selected are paid $10 per day. The change in the compensation in HB 2085 is intended to assist those persons who are self-employed and subsequently not compensated by their employer while serving on jury duty. In addition, the change would help jurors who have service expenses, such as child care, during their service.

BILL TO EXTEND LOCAL CONTROL OF FUNDS TO SCHOOL DISTRICTS

House Assistant Majority Leader John Ballou, R-Gardner, announced this week that he will have legislation introduced in the House Appropriations Committee which would allow school districts the ability to release their unencumbered state monies from specific accounts to be used in the school district_s general fund. Kansas schools have over $432 million in unencumbered money in their local district funds. As explained by the Kansas Department of Education, some of the school district funds are allowed carry over each year and other funds must be used. Each school district fund has specific purposes which many times limits the use of the money by the school district. The measure is being drafted to allow Kansas schools to use money from their local school district reserve funds during the current budget shortfalls. The intent is to allow school districts to use these state monies they already have to fill holes in their budget.

SLOT LEGISLATION CONSIDERED IN COMMITTEE

The House Tourism Committee is considering legislation which would allow slot machines and video lottery games at parimutuel tracks and fraternal organizations. A sub-committee was appointed by House Tourism Chairman Carol Beggs, R-Salina, to closely study various bills in the committee. The sub-committee worked this week on comparing different versions of gaming bills in order to achieve a consensus as a committee on the best bill to offer to the full House. Some of the differences between proposed gaming legislation include: games authorized; the required payout percentage; limits on number of machines, disposition of net gaming revenue; authorized locations; and, county vote option. The vehicle the sub-committee will use is HB 2890. The Tourism sub-committee is amending HB 2890 to include portions of HB 2987, which is supported by the gaming industry. The sub-committee expects to make its recommendation to the full Tourism Committee by the beginning of next week.

BRIEF LEGISLATIVE UPDATES

Redistricting - The Senate considered the House Redistricting bill this week. The measure was passed without Senate changes and sent to the Governor. The Governor vetoed the Senate redistricting bill which was passed by the House last week. Governor Graves noted in his veto message that he was concerned about the legality and the fairness of the map. The Governor stated that the Senate map doesn't adequately maintain the core of existing districts. In addition, he noted that there was not enough review by any committee or the general public of the Senate map. House Speaker Kent Glasscock, R-Manhattan, announced this week that the House will begin work on a congressional reapportionment bill. A reapportionment map redraws the four congressional districts for the state.

Budget - The Consensus Revenues Estimating Group will meet today, March 8, 2002 to revise the estimates for FY 2002. As reported by the Kansas Legislative Research Department this week, total receipts for July through February of FY 2002 were $80.5 million or 3.1 percent below the estimate. Legislators believe the estimates will be reduced leaving at least a $600 million budget shortfall for FY 2002 and FY 2003.

Paid for by the Committee to Elect Doug Patterson, Dave Imhoff, Treasurer