Legislative Report #4, for work through April 9, 2002. We agreed to keep working
Prepared by Rep. Doug Patterson
http://www.kslegislature.org/house/doug_patterson/HOME.html
HOUSE APPROVES NO CALL BILL
This week, the House passed legislation establishing the Kansas No-Call Act. House Substitute for SB 296 protects Kansan’s from unsolicited telephone calls. It authorizes the Attorney General to contract with the Direct Marketing Association (DMA) to maintain a no-call list of Kansas consumers. Under this legislation, consumers can sign-up to be on the no-call list free of charge. The exceptions to unsolicited phone calls include instances where a prior business relationship was established by voluntary two-way communication. For a call to be unsolicited, the communication must be based on an application, purchase or transaction by the consumer for a period of 36 months prior to the call. At any time, the consumer can object to continuation of the business relationship and can request that the telephone solicitor cease calling.
Sub SB 296 requires a telephone solicitor to obtain and consult the Kansas no-call list and delete from the their calling list all Kansas residents on the no-call list. Then, the telephone solicitor is prohibited to call a consumer whose number is on the no-call list. If a telephone solicitor calls an individual who is on the no-call list the entity is liable for commissions of unconscionable acts or practices under the Kansas Consumer Protection Act. Telephone solicitors who have violated the Kansas No-call Act shall make an affirmative defense that they have utilized reasonable practices and procedures to effectively prevent unsolicited consumer telephone calls. This defense can only be exercised once in any 12-month period by a telephone solicitor. The measure will now go to the Senate for their consideration on House amendments. This is not the superior Adkin’s no-call bill, but I believe it is as good a no-call bill we are going to get. I supported this bill.
TAXPAYER FAIRNESS ACT OF 2002
The House approved a measure this week which would enact the Taxpayer Fairness Act of 2002. HB 2706 addresses many of the concerns of certified public accountants across the state in regard to revenue processes, forms and letters. For example, a new section in the law would require all correspondence to be accompanied with a detailed, clear and accurate explanation of the tax, penalty and interest. This change in law will help taxpayers who receive collection letters understand the cause of the letter. Another portion of the act would require the Department of Revenue to waive a penalty upon finding any circumstance allowing waiver of civil penalties under the federal internal revenue code beginning with this tax year. This proposal would attempt to protect taxpayers from being responsible for penalties incurred in error. The act would also require KDOR to send closing letters within 30 days of resolution of assessments to taxpayers or taxpayers_ representatives. Taxpayers would be entitled to rely on the closing letters, and the Department would be prohibited from maintaining positions against taxpayers inconsistent with the stipulations of the letters. In addition, the legislation would require KDOR to notify persons who are the subject of tax warrant filings in writing within five business days of the date the warrant is filed. I supported this bill.
LEGISLATION ASSISTS FOSTER CHILDREN WITH COLLEGE
The House passed HB 2956 on April 2nd which would establish a tuition and fee waiver program for post-secondary education for children in the foster care system in Kansas. Under the measure, students who are or have been in the custody of the Department of Social and Rehabilitation Services (SRS) when they reach 18 years of age and graduate from high school would be eligible for waivers for their post-secondary education. Eligible institutions are all the institutions under the Kansas State Board of Regents, including community colleges and technical colleges.
HB 2956 provides that an institution that waives tuition and fees for a student under this measure would apply to the State Board of Regents for reimbursement. Payment of the reimbursement would be subject to appropriation. The waiver of tuition and fees could not exceed eight semesters of undergraduate study. The program would terminate June 30, 2006, except that students who receive waivers before that date would continue to receive waivers until they complete their studies. Legislators believe this bill continues the responsibility of the state for children within the foster care system from elementary school through post-secondary study. I supported this bill.
HOUSE CONSIDERS LIFE MEASURES
The House approved three bills this week concerning life. HB 2819 would establish standards for the operation of abortion clinics. The bill specifies standards for various practices including: abortion procedures, use of anesthesia, and use of intravenous access; preparation of written materials for patients regarding possible problems and aftercare; length of time that patients remain in the recovery room; follow-up visits; pre- and post-procedure counseling; and, a provision that physicians and medical directors must be licensed to practice medicine and surgery in Kansas. Violations of the specified regulations would be a class B person misdemeanor. The measure authorizes the Kansas Department of Health and Environment (KDHE) to apply to a court to issue an injunction, restraining order, or other order to compel a facility to comply with the regulations. The bill passed the House by a vote of 79-44.
The House also passed HB 3000, a bill relating to providing abortions to minors. The bill would require that, prior to performing an abortion on an unemancipated minor, the provider must give notice of intent to perform the procedure to the minor’s parents in person or by certified mail, return receipt requested, unless the minor objects. The measure also would make it a class A misdemeanor for any person who intentionally performs an abortion on an unemancipated minor, with the knowledge that, or with reckless disregard as to whether the person upon whom the abortion is to be performed is an unemancipated minor, unless the pre-procedure counseling requirement has been met. In addition, the legislation restricts a person who is legally or financially affiliated with a physician who performs abortions to counsel a minor during pre-procedure counseling.
HB 2797, which would enact the Unborn Victims of Violence Act, was passed by the House, 73-50. The bill defines "unborn child" as a living fetus from the time of conception. HB 2797 adds a new crime of "violence to an unborn child" to the Kansas Criminal Code. The bill would not apply to any act committed by the mother of the unborn child, any medical procedure performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian, or the lawful dispensation of lawfully prescribed medication. I supported these bills.
BRIEF LEGISLATIVE UPDATES
April Revenue Receipts - This week the Kansas Legislative Research Department reported FY 2002 State General Fund (SGF) receipts through March 2002. This was the first report of FY 2002 receipts since the Consensus Estimating Group revised SGF estimates for FY 2002 and FY 2003 on March 8th. Total receipts for FY 2002 were $27.0 million below the revised March estimate. Taxes which fell below the estimate by more then $1.0 million included: individual income tax by $10.8 million, retail sales tax by $10.1 million, compensating use tax by $3.4 million and estate tax by $1.6 million below estimate. This report when added to the previous revenue shortfall of $698 million puts the state down $725 million for FY 2002 and FY 2003.
Substitute for SB 256 - The Senate passed a bill this week that redraws the 40 Senate districts. Sub SB 256 was passed by a vote of 29-11 on Tuesday and sent to the House for consideration. On April 4th, the House approved the Senate redistricting map and sent it to the Governor for his consideration. If the Governor signs the Senate map, it will go to the Supreme Court for constitutional review before it becomes effective for the 2004 Senate elections. The Governor vetoed the Senate_s first redistricting map. The Legislature is charged to redraw Senate, House, Congressional and State Board of Education districts every ten years following the national census. The House redistricting map has been passed by the Legislature, signed by the Governor and is under review by the Supreme Court.
Expanded Gaming Debated by House - This week, the House considered Substitute for HB 2890, a bill that would authorize electronic gaming machines at existing parimutuel race tracks and at one at-large location. The bill would allow the operation of electronic gaming machines, commonly known as slot machines, in authorized locations if approved by a vote of two-thirds in a county election. The State would receive all the net machine revenue and the distribute among several entities and funds. Tracks where gaming machines are located would have to meet statutory requirements for live racing. Detailed components of the bill include: the required payout percentage; limits on number of machines; and disposition of net gaming revenue. Current parimutuel tracks which may be eligible under the measure to operate slot machines include The Woodlands, Wichita Greyhound Park and Camptown. During debate, the House attempted to amend the bill in various manners, including changing the percentage of revenue each of the entities would receive. However, none of the amendments offered were successful. The House failed to pass the measure on to final action by a vote of 58-64. I supported this bill.
Substitute for SB 116 - The House passed a measure this week that reserves to the state the exclusive right to bring civil suits against any firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer. Sub SB 116 does not restrict the ability of a political subdivision to bring a breach of contract, breach of implied or expressed warranty, or damage action because of injury to employees or agents of the political subdivision. The provisions of the legislation would apply to any action brought on or after January 24, 2001, the date of the introduction of SB 116.
Proponents of Sub SB 116 believe it will help protect lawful firearms and ammunition manufacturers from suits by those wishing to use the court system to change social policy. The House did not amend the Senate bill so it now goes to the Governor for his consideration.
HB 2714 - A bill that would provide property tax exemptions and income tax credits for property tax paid upon certain machinery and equipment was considered by the House this week. HB 2714 will assist Kansas industries by increasing the percentage of income tax credits on property taxes paid on business machinery over the next five years. The House amended the bill to delay implementation of the credits until tax year 2003. HB 2714 also expands the property tax exemption for certain items of machinery, equipment, materials, and supplies with original retail cost when new of $250 or less to include such items with original retail cost when new of $500 or less in tax years 2004 and 2005; and to include such items with original retail cost when new of $1,000 or less for all tax years beginning in tax year 2006. The House approved the legislation, 91-30.
Senate Concurrent Resolution 1626 - The House and Senate passed a resolution this week to extend the 2002 legislative session. According to the Kansas Constitution, the legislative session in even numbered years can only be held for 90 days in the absence of an extension. In order for the Legislature to have the opportunity to return in May to finish work on the budget, a resolution to extend the session past the 90 constitutional days has to be approved by two-thirds of both chambers. Approval of the Senate resolution brings the legislature back for a wrap-up session on May 1st and sets Sine Die for May 31, 2002.
Kansas Losses $83,000,000.00 – Due to the fact that Kansas owes the Fed’s funds due to advanced money received, Kansas won't receive $83 million in "intergovernmental transfer" money from the federal government next. Kansas owes the federal government money now, and to collect this sum, the federal government will reduce future payments to recoup its money. This money was expected to be received, budgets worked so far have anticipated that money, and, therefore, we are down another $83M.
Frustration on the slots. As I have written before, I and the constituants, generally of Leawood, support limited slots, primarily at the Woodlands. The slots bill did not receive sufficient support last week, and therefore today, April 9, 2002, the House Tourism scheduled a committee hearing to reconsider a slots bill. Unfortunately, opponents of such a measure did not attend the committee, a quorum was lacking, and therefore, slots are in real trouble for this year.
Capital Expenditure Bill. Today, 4/9/02, we heard the Capital Expenditure bill, HB 3007. This is the state budget bill for capital expenditures. Discussion started at 9:30 a.m., and we finished the bill at 6:30 p.m. The bill had no less than 35 amendments, from COLA’s starting near Christmas, 2002 for all state employees, eliminating all meaningful economic development programs in the state, bulking up to an extravagant excess the SRS budget, killing the expansion of the Court of Appeals, to a token increase in the Base of $38/PPB as a lost leader on a bill we dubbed the "Titanic" and which died of it’s own weight at about 2:30 p.m. We put it out of it’s misery, the only merciful thing to do, at 6:30 p.m. What a day. Wish you were here!
Sales Tax Situs Bill. Soon to be debated is a sales tax situs bill, HB 3032. It sounds good, especially for Leawood. Under the bill, locally imposed sales taxes on autos would be collected and paid for and to the jurisdiction of the buyer, not the situs of the dealership. But this is bad state policy. Such sales taxes should be collected for and paid to the city/county supporting the infrastructure, police, fire and other municipal services where the dealership is located. It is an unearned windfall for the city not maintaining the dealership. If we in Leawood support the policy of a buyer situs sale tax overall, it will be used against us when some buyer situs measure is suggested for other big ticket items (or services, in the future) sold by sellers located in Leawood. I will oppose HB 3032.
Naturpathic Doctors. Before my Health and Human Services Committee is SB 610, a bill to license naturpathic physicians. The testimony on the issue is very conflicting. The bill will preclude natural health food stores or counselors, but will require the licensure before the Board of Healing Arts of a defined scope of practice for the naturpathic physician with some degree of a formulary. While this does impose licensure of these persons, it also confers some degree of legitimacy. If you have an opinion on this issue, please e-mail me immediately. This matter is up for consideration this week.
CONCLUSION
These are frustrating days. I will send e-mails to you now more often, due to the speed with which bills must now be worked. 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. Soon, this web site will be addressed: www.dougpatterson.orq. Go to the "Report" page of the web site to review my floor notes and votes, pre and post 3/14 of the bills and amendments to proposed legislation.
Doug Patterson
Kansas House of Representative
District 28, Leawood
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