Kansas House of Representatives - District 28

Legislative Report for the Week of March 25 - 29, 2002. Cockfighting anyone?

REP. DOUG PATTERSON

District 28, Leawood, Kansas

e-mail: patterson@house.state.ks.us

Web Page: http://www.kslegislature.org/house/doug_patterson/HOME.html

House Update March 28, 2002

Prepared by the Office of Johnson County Delegation Vice-Chair, Rep. Doug Patterson

The last week was a busy one in the Kansas House as legislators worked to meet the "Drop Dead Day" deadline of April 13, 2002. House committees finished their work on Tuesday and Representatives spent all day Wednesday and Thursday on the House floor. The Saturday deadline is the last day to consider non-exempt bills from either house of origin.

HOUSE APPROVES BUDGET BILLS

The House debated two budget bills last week. HB 2743 contains supplement appropriations for FY 2002, the current fiscal year which ends June 30, 2002. The bill makes reductions and enhancements based on the Governor’s Budget Report and House Appropriations recommendations to the approved FY 2002 budget. The House Appropriations Committee had recommended 2 days of furlough for all state employees in FY 2002. Representatives amended the bill to remove the required state employee furloughs and to absorb the proposed savings by agency shrinkage. By a vote of 71-52, the House approved HB 2743 on Wednesday.

HB 3008 represented a FY 2003 budget based on current available funds, without revenue enhancements and without a change in the 7.5 percent ending balance requirement. The bill contained components of the Governor’s statutory FY 2003 Budget Report which proposed $233.1 million in budget reductions. Additionally, the legislation included budget reductions by the House Appropriations Committee in the amount of $239 million and provided for net transfers to the State General Fund (SGF) of $44 million. Furthermore, the legislation recommended that $183 million of new programs or new phases of current programs not be implemented.

The House spent two days debating HB 3008. HB 3008 was amended to hold K-12 education harmless at the FY 2002 BSAPP level and then further amended to add $10 to the BSAPP. We heard of State employees receiving $35,000 annual bonuses. That is offensive and that fat will be cut out. In addition, the House amended the measure to reduce the SGF ending balance requirement from 7.5 percent to 5.0 percent. This frees up $104 million in existing revenue for the state. The House bill maintained the Level of Care (PASSAR) score at 26, previous recommendations raised it as high as 50. The measure also restored $13.0 million to the Governor’s recommended reduction for the Regents base budget. The House removed FY 2003 furloughs for state employees. The bill was also amended to restore $13.0 million in SRS major program cuts and $2.0 million in funding for Home Health Services within the Department on Aging. MOST IMPORTANTLY, HB 3003 increases the Per Pupil Base by $10, to $3880. No budget has done this yet. That certainly is not enough, but I’m optimist about an LOB increase this session which will keep out taxes at home for students and teachers.

The legislation, as it currently stands, requires $128 million in unaccounted revenue. Some Republican Representatives believe it was important to identify priorities for spending before addressing the needed revenue. After failing to pass HB 3008 favorably to final action on Wednesday, the House reconsidered its previous action on Thursday and recommended the bill favorably for passage. The House approved the FY 2003 budget on Friday by a vote of 63-60 and sent it to the Senate for consideration.

I voted in favor of HB3003 along with all the revenue enhancements previously considered by the House and rejected by the full House. Only 11 of us voted for HB 3003 as well as tax increases for education, ie., increases in sales taxes for a period, cigarette taxes and alcohol taxes. SEE MY WEB PAGE, LINK TO "REPORTS" and see my voting report from March 14, 2002 for an explanation of the tax increases we have had and the amendments to HB 3003. I did not support, however the resurrection of the death/inheritance tax. This is the most insidious tax ever invented, a most socialistic tool devised to redistribute wealth. I support tax increases for students and teachers during this unusually difficult financial time, but I am most hesitant to agree with those seeking to pass long term tax increases to fund general operations of the State based upon this current and, hopefully, short termed crisis.

BRIEF LEGISLATIVE UPDATES

School Finance Bill - The House gave first round approval to SB 409 last Thursday. The bill amends school finance law regarding the contingency reserve fund by giving school boards more oversight on how and when to use their contingency funds. The bill would continue the requirement in the contingency fund of 4% of general fund budget cap, but would allow the fund to remain intact if general fund receipts decrease due to declining enrollment. The House amended the bill to provide an estimated $12 million in much needed relief to the many school districts with declining enrollment. The amendment would: 1. Subtract the current "years total" for districts with declining enrollment from the 1994-95 school year; and 2. Use this number to place a weighting factor of .2 of the BSAPP (base state aid per pupil). In addition, SB 409 was amended to allow school districts the ability to release their unencumbered state monies from specific accounts to be used in the school district’s general fund. During final action on SB 409, the measure was lost by a vote of 55-67.

SLOTS-AT-TRACKS BILL MOVES TO HOUSE FLOOR

After weeks of committee hearings and debate surrounding expanded gaming proposals, the House Tourism Committee voted 9-7 to send the a bill out of committee that would allow slot machines at pari-mutuel racetracks. The bill would give track owners 67% of profits from the machines enough, they say, to pay their expenses and earn a profit. The state would receive 25% of the revenue, with 2% for horse and dog purses, and a variety of other interests receiving small portions, such as addiction programs receiving at least .005%. This doesn’t sound like much, but it will generate approximately $800,000 to aide in promotion of a "1-800" number for addiction awareness and a variety of counseling and self help programs to help those who abuse gaming. This funding is a matter I worked on this year. This bill will be debated Wednesday, April 3, 2002, and you can expect more discussion of how the money is divided.

Cloning and Embryonic Research Bills - A bill passed the House this week which would impose a total ban on human cloning. HB 2736 would make it unlawful for any person or entity, public or private, to perform, attempt to perform or participate in human cloning. The bill matches the federal bill that President Bush has urged the United States Senate to support and which passed by an overwhelming bipartisan vote of the House of Representatives last July. The House also passed HB 2737 which would make it unlawful for any person to conduct research on a human embryo that would destroy that life. The measure was approved 78-44 and sent to the Senate for consideration.

Reproductive Rights – Tuesday, April 2, 2002 will be the floor debate on a number of reproductive issues, from requirements that an abortion clinic maintain the same health requirements of other clinics performing medical procedures and which are maintained by certain Planned Parenthood clinics, parental rights and notice requirement for abortions sought to be preformed on minor girls (less than is required to give a kid an aspirin) and the authorization for a license plate concerning the choose life movement, just as other organizations have the right to use and display such as "drive of for cure" for breast cancer and the purple heart. My e-mail is running in support of these measures with some limited opponents, so I will support them except for the license plate bill. If we approve vanity plates for causes we support, what will we do when Fred Phelps or the KKK want their own vanity plates supporting their own twisted causes. Save the money on the plate, but a bumper sticker and give the savings to your cause.

Keg Registration Act - The House approved a Senate bill Friday that would enact the "Beer and Cereal Malt Beverage Keg Registration Act." The bill requires beer and cereal malt beverage (CMB) retailers to place an identification number on all kegs with a capacity of four gallons or more. Under the legislation, retailers will be required to maintain records on keg purchasers that match the identity of the purchaser with the tag of the keg. In addition, retailers would be required to keep records of keg purchasers until the container is returned or six months following the date of sale. The bill makes it a class B misdemeanor to possess an unregistered beer keg or to remove or deface the required keg identification number. Supporters of keg registration believe the measure will help reduce the number of "keg parties" held by minors by providing a way to track kegs purchased for them by adults. Many legislators are concerned that adults should be responsible for providing alcohol for minors, especially in the case of keg parties where binge drinking occurs. Since the House made no changes to the Senate bill, it will now go to the Governor for his signature.

Substitute for SB 545 - A bill that would provide relief for costs which are incurred by a public utility in excess of those normal and reasonable costs incurred applying good utility practices due to actions of a city’s governing body, was passed by the House on Thursday. Sub SB 545 allows a public utility, which is assessed by a city and which collects and remits fees associated with the utility’s use, occupancy, or maintenance of its facilities in the public right-of-way, to file a tariff with the Kansas Corporation Commission (KCC). The tariff could then be added to the end-user customer’s bill, statement, or invoice as a surcharge equal to the pro rata share of any fee. This legislation addresses concerns by utilities companies that incur unreasonable costs for services because of city ordinances. Under this measure, only the service area with the the local ordinance or standard would have to pay for the costs incurred by the utility company and not all rate payers.

House Substitute for SB 434 - The House sent a bill to final action Thursday that would create the crime of unlawful conduct of cockfighting. The crime applies to persons who knowingly engage or participate in cockfighting. H Sub for SB 434 would make conducting a cockfight a class A nonperson misdemeanor. Attendance at a cockfight would be a class B nonperson misdemeanor. The House amended the measure to define "gamecock" as a domesticated fowl that is bred or reared for the purpose of fighting with other fowl and such fowl has a sharp implement attached to such fowl’s leg. This amendment was necessary to protect agricultural/livestock producers who raise fowls for other purposes. The House Judiciary bill also included provisions that would add sexual battery and aggravated sexual battery to the list of offenses that cannot be expunged from a person's criminal history. The legislation passed the House by a vote of 112-10. I carried this Bill. It was very interesting, but I don’t think we have much cockfighting going on in Leawood…..but, we need to watch Hallbrook very carefully.

SB 474 and SB 475 - The House debated SB 474 on Friday which enacts the Privacy Protection Act. The legislation would authorize victims of stalking to file a petition in district court seeking a protection from stalking order. In the bill, stalking is defined as intentional harassment of another person that places the other person in reasonable fear of that person_s safety. Harassment is defined as a course of conduct which is directed at a specific person that causes the person to have a reasonable fear for personal safety or that serves no legitimate purpose and is intended to seriously alarm, threaten, or torment another person. A protection from stalking order may include an order: restraining the defendant from following, harassing, telephoning, contacting, or communicating with the plaintiff; restraining the defendant from abusing, molesting, or interfering with the privacy rights of the victim; restraining the defendant from entering upon the victim_s residence or the immediate vicinity thereof; awarding attorney fees to either party; or ordering or restraining other acts deemed necessary. A violation of a protection from stalking order may constitute the crime of stalking, criminal trespass, assault, or violation of a protection order. Further, a court may find a defendant in contempt of court.

The House also considered SB 475 on Friday which amends the Protection from Abuse Act to include intimate partners, household members, and persons in dating relationships, as individuals who may apply for protection from abuse orders. Current law only provides protection if the individuals involved live(d) together or have a child together. Statistics estimate 68 percent of domestic abuse occurs prior to marriage, in the dating and cohabitation stages of a relationship. The Protection from Abuse Act would help protect individuals earlier in the abuse cycle than current law provides. This is a very important piece of legislation to make acquiring a PFA.

WHERE WE ARE NOW AND WHEN WILL IT END… THE KANSAS HOUSE IS DOING IT’S WORK!

As of this date, April 2, 2002, we have only 11 days left. Unless the House and the Senate jointly agree, each by a 2.3 vote to extend the session, it’s all over April 13, 2002. And the Senate has not even passed a version of the budget yet. They have not passed their own district map yet, and that will be necessary for the State Board of Education races this year. I am proud that the Kansas House of Representatives has put a budget in play (HB 3003) for consideration by the Senate. If an extension is necessary for the completion of the budget without requiring the Governor to call a special session I will support that. My job is to complete your business. The House has approved a budget which needs revenue from some of the tax increases which I have supported in the past. I would advise you to write or e-mail Sen. Dave Adkins or Sen. John Vratil and urge their thoughtful consideration of a budget which cuts unnecessary waste in government, increases funding for students and teachers and balances with a 5% reserve to spare. We need the Senate’s help on this matter.

CONCLUSION

I would appreciate your input on the above matters and any other issues that are important to you. Please give or e-mail a copy of this to a neighbor. The most efficient and effective means of responding to the above questions would be for you to e-mail it to me at Dpatterson@ink.orq , Patterson@house.state.ks.us, or you can mail your response to my Topeka office: Room 174W, State Capital Building, Topeka, Kansas 66612-1504. Also, please visit my web site at: http://www.kslegislature.org/house/doug_patterson/HOME.html.

Doug Patterson

Kansas House of Representative

District 28, Leawood

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