Rep. Doug Patterson House District 28: Leawood and Overland Park House phone: 785-296-7672 Patterson@house.state.ks.us Date: Friday, February 20, 2003 REPORT #4 Weekly Newsletter

Assignments: Johnson County Delegation Health and Human Services Vice-Chair, Judiciary Commerce and Labor Jt. Comm. on Indian Affairs Rules MAJORITY WHIP CHAIR: Johnson County Legislative Delegation

Legislative Newsletter #4

Dear Constituent:

The Legislature adopted HR 6010 on February 18, 2003, a resolution honoring and commending Donald Lee Hollowell. Hollowell was born in Wichita in 1917 and completed his elementary and secondary education in Kansas. As an attorney, one of Hollowell’’s clients included Martin Luther King, Jr. Hollowell served in World War II as a famous Buffalo Soldier. HR 6010 was presented by Rep. Ruff, Crow and Wilk. Special remarks were made regarding Pittsburg State’s 100 year anniversary on Wednesday, February 19, 2003.

1. HB 2040: Religious Freedom Restoration Act During General Orders on February 19, 2003, the House passed the Religious Freedom Restoration Act by a vote of 65-58. I did not support this measure. Of all I stand for, it’s freedom of religion. HB 2040 however, went too far and allowed for the payment of attorneys fees and other costs resulting from the imposition of this Religious Freedom Restoration Act. Proponents of the Bill did so on the grounds that it protected freedom of religion from excessive government interference. Some opponents felt the bill was unconstitutional while others felt the Kansas Constitution already protected religious freedom. I agree with position. During final action, however, on February 20, 2003, the House did NOT pass HB 2040 by a vote of 61-59. If enacted, HB 2040 would have done the following: before a governmental entity could substantially burden the free exercise of religion, it must first have shown a compelling interest. And even where there was a compelling interest, the burden could have only been implemented by the least restrictive means.

2. School Consolidation You have read in the papers about School consolidation. See Steve Rose’s article in the Sun, 2/19/03. It won’t really save the state much money and won’t save Johnson County anything, but it is a good idea out-state. The Education Committee held hearings on school consolidation the week of February 17-21. Testimony came from the KNEA, school superintendents and parents. Discussion and possible action on bills previously heard will take place this Thursday and Friday, respectively. The Education Committee is hearing multiple bills at this point. The school consolidation bill would require the state board to study creating 40 school districts. The media has increased its coverage of this issue significantly in the last 48 hours. It is probable coverage will increase and continue into next week (February 24-28).

3. In Other Events:

If your property is condemned, the House passed out a measure which will allow you to receive relocation and moving assistance. This was more than fair.

Did you have the house your buying inspected by a “Home Inspector”? Chances are that the contract you signed with your Home Inspector says that if he made a mistake and missed something, he’s off the hook if he just returns the $$ you paid him. This isn’t right and today the House passed a bill to declare such limitations of liability and disclaimers against public policy and unenforceable. This was a bill I filed early in the session.

In an article by Chris Grenz in the February 20, 2003 ““Topeka Capital-Journal,”” Grenz states ““but [the Governor] said this would mark the third year in a row schools have received no increase in funding.”” According to the Legislative Research Department, funding has indeed increased. Below are statistics from the Research Department: School Year 1999-2000 total funding was $3,402,708,872. School Year 2000-2001 total funding was $3,586,579,119. School Year 2001-2002 total funding was $3,781,086,139. Furthermore, Per Pupil Total Expenditures increased: School Year 1999-2000: $7,585 School Year 2000-2001: $8,024 School Year 2001-2002: $8,490

At least those are the statistics floating around the Capital.

Well, we do know this: The Base has not increased at the rate of inflation, and I don’t think Marj Kaplan, Shawnee Mission Superintendent, Dave Benson, Blue Valley Superintendent nor their two school boards would be cutting services, employees or programs if they had sufficient funds. Problematic however, is the fact that our two school districts are sitting on millions of dollars in reserve funds. That doesn’t help our case for more school funds. The truth is, however, that these reserves are restricted for certain purposes and are not free to use for general expenditures. I filed bills to free restriction on these reserves, but I’m not getting much help in these efforts from our other local Reps or Senators. ‘Don’t know why that is. You might call, e-mail or write your senator and urge him/her to help free up reserves. They are a red herring when we want to fix the overall funding structure of school finance.

Nothing on the Budget from the Governor yet. I think she is hesitant to float a 2004 budget out there to formalize her State of the State budget, so the House and Senate may have to do it. We are waiting for the Consensus Estimation report to come out in about a month to see where estimated revenues will be for 2004. The Governor wants the Consensus Estimation to be prepared by the middle of March, but that will be too early to be a reliable gauge on the economy of Kansas for 2004. In this vein, inaccurate news would be more harmful than no news. We will resist any effort to speed up the estimating process. You will hear more on this.

Committee Reports Agriculture: Passed the prairie dog bill out of committee. I promise not to write about prairie dogs again. I just guess they are important to somebody here and I assure you, we don’t spend much time on them. Ag will hold hearings on the prohibition of livestock by packers (BB 2167). Will hold hearings on the preservation of historic property consistent with farming and ranching (HB 2168).

Commerce and Labor: The committee will hold hearings on employment security insurance act for domestic violence (HB 2353). Discussion will take place on employment security benefits for retired persons receiving social security (HB 2332). Hearings will also take place on sexual harassment and discrimination in the workplace (HB 2352). We had hearings on a bill which would not only increase the Kansas minimum wage to $9.37 per hour, but would also require employers to give such employees paid health insurance and paid time off for family matters...about 22 days a year. I won’t go for that.

Economic Development: Hearings regarding the STAR (Sales Tax and Revenue) Bonds authority throughout the state. Hearings regarding STAR Bonds (bond using sales taxes generated from redevelopment projects) for the city of Wichita. I have filed bills to authorize Community Improvement Districts in Kansas as well as expand the use of other economic tools.

Ethics and Elections: Continue hearings and discussion regarding the open meetings act. Federal and State: Hearings on HB 2226: to allow 16 and 17 year old employees to take orders and accept payments for alcoholic beverages in restaurants. Hearings on HB 2176 regarding standards for the operation of abortion clinics.

Higher Education: Passed a bill giving in-state tuition to children of undocumented aliens. I can’t support that. This Committee is trying to pass out a bill regulation students out-state from attending Kansas Schools for free.

Judiciary/Corrections: My predator license plate bill (Ali’s Law) was scheduled for hearings and several people attended in support of the bill, but the Committee ran out of time. I doubt if we get back to it this year, but it will be ready for consideration next year. We should not be disappointed about that. This process takes a long time. The Driver’s License for illegal aliens will be up before my Judiciary Committee early next week. This would allow illegal aliens (“Undocumented Guests is the PC name for this) to obtain Kansas Driver’s Licenses. I’ve not heard from anyone in OP and Leawood who support this....quite the contrary. I will vote against it and I don’t think it has a chance.

Taxation: Still discussing tax exemptions. The elimination of sales taxes on services is being considered. I doubt if that will go anywhere.

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For information on the legislature and for some handy links, visit my web site at www.DougPatterson.org.

As I have done in the past, I hope to get you a report weekly. Please e_mail me at Patterson@house.state.ks.us or call if you have questions.

ALSO, if you have others who you believe would find these legislative reports of use, Please e_mail me their e_mail addresses and I will add them to my address book.

Respectfully,

Rep, Doug Patterson