Legislative Report Feb. 3, 2003

This week, the Legislature introduced a resolution in memory of former Rep. Kenneth King, Leon, who died on January 20, 2003. Rep. King served in the House from 1978 to 1996 and was the former Chairperson of the Committees on Transportation and Elections.

Racing and Gaming Commission: Elimination of Audit Requirement

SB 6: Racing and gaming commission; eliminating annual financial-compliance audit requirement.

The House amended and passed Senate Bill 6 (SB6) during Final Action on Wednesday, February 5, 2003 by a 72-51 vote. SB 6 eliminated the annual financial-compliance audit requirement for the Kansas Racing and Gaming Commission. This elimination of the audit saves the state approximately $6,900/year. Opponents of SB 6 voiced concern about the possible detrimental effects of eliminating the annual financial-compliance audit requirement. Proponents used testimony from Barb Hinton, the Legislative Post Auditor, that indicated the elimination of the yearly financial audit would not increase the risk to the State since other compliance and control audit work would still monitor the financial compliance activities of the Commission.

An amendment to SB 6 was offered by House Republicans on Tuesday, February 4, 2003 saving the state approximately $101,000. The amendment passed by a vote of 78-44. The amendment lowered the salary of the Racing and Gaming Commission members from $2,000 each month to a per diem salary equivalent to Legislators as well as members of the Lottery and State Board of Education. The Racing and Gaming Commission is made up of five members appointed by the Governor who meet a total of twice a month for the duration of their four year term. Supporters of the amendment felt this was an opportunity to eliminate governmental waste of taxpayer’’s dollars. Opponents of the bill felt that it would be difficult to recruit quality members to the board with the lack of an established salary.

Amending Kansas Tort Claims Act

SB 34: Charitable health care provider under tort claims act.

The House voted to pass Senate Bill 34 (SB 34) introduced by all 40 Kansas Senators by a vote of 123-0. The bipartisan bill amends the Kansas Tort Claims Act. The bill is designed to enable better dental healthcare throughout the state. Senate Bill 34 expands the definition of a charitable healthcare provider that recognized under current Kansas laws. It protects dentists from malpractice suits when they provide free dental care outside of the defined healthcare facility.

This expansion intends to include free, mobile dental services provided via community service project. This bill allows for the Kansas Dental Association, dentists and hygienists, and other not-for-profit charitable groups to set up and provide free dental care in places that are outside of healthcare facilities and clinics to persons in need.

State Fiscal News

Total State General Fund receipts through January of FY 2003 were $96.7 million or 4.2% above FY 2002 for the same period. However, SGF tax revenues were only $31.9 million, which was 1.3% below the estimated tax revenues. The largest area that fell below estimates was the corporate income tax which was $17.8 million (37.9%) below estimates. While the State’’s net transfers out of the State General Fund (SGF) were $34.8 million less than the estimate, the state withheld payments from the SGF totaling $48 million less than estimated payments. The net result of not making these transfers out of the SGF has a positive impact on total SGF receipts by $31.2 million. For more information please contact the Kansas Legislative Research Department.

Committee Reports

Agriculture: Considering a bill that keeps prairie dogs off the endangered species list; discussing a resolution regarding Cuba.

Commerce and Labor: Discussing 24 Hour Leave Bill that would require employers to grant 24 hours of leave for parent teacher conferences, etc.; Discussing a bill that would eliminate the Federal OSHA and creating a State OSHA.

Education: Hearings on HB 2060 will end on Friday, February 6, 2003. HB 2060 is the bill that deals with teachers, contracts and termination or nonrenewal thereof––otherwise known as the Teacher Tenure Act. The Education Committee will hold hearings on HB 2181 Monday and Tuesday of next week. The bill will be worked on Thursday and Friday of next week. HB 2181 deals with school district budgets.

Environment: Discussing a bill regarding delivering fuel to a storage tank that does not comply with certified provisions. If the bill passed it would shift the responsibility from the fuel deliverer to the storage tank owner.

Elections: Discussing a bill regarding open meetings; discussing a bill regarding grounds for elected official recall.

Health and Human Services: Discussing possible creation of Kansas Health Commission.

Higher Education: Next week discussion will begin regarding giving in-state tuition to children of undocumented aliens.

Judiciary: Discussing a bill that would grant drivers licenses to undocumented aliens.

Taxation: Still discussing tax exemptions.

Transportation: Discussing seat belt bill that would allow police to grant warnings to drivers who break the speed limit while issuing tickets for not wearing a seat belt.

Utilities: Broadband bill will be worked on Tuesday and Wednesday of next week; hearings next week on Cold Weather Rule that would change the payment formula for citizens with outstanding bills.

In 2001:

Deaths :24,590

Out-of Wedlock births: 11,592

Fetal Deaths: 209

Marriages: 20,457

Divorces: 9885

Total Births: 38,830

Abortions :12,422

Of the number of births in Kansas, 32% of that number were aborted.

Of all the abortions in Kansas, 48.5% were for out-of-state women

Conclusion

Please let me know of any interest you have in the above matters, and I’ll get you more detailed information.

If you know of anyone who would like to receive these newsletters, just e-mail me their e-mail address and I’ll get them set up.

Respectfully,

Rep. Doug Patterson