Rep. Doug Patterson House District 28: Leawood and Overland Park House phone: 785-296-7672 Patterson@house.state.ks.us Date: March 4, 2003 Report #5 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

Date: Tuesday, March 4, 2003

Legislative Newsletter #5 - TURNAROUND WEEK

Dear Constituent:

The Legislature reached Turnaround on Friday, February 28, 2003. Turnaround is a date by which most bills must leave their house of origin. Friday will mark with 47th day of the session. The session is half over. The fact that certain bills as discussed below have passed the House does not mean that they will become law. There bills now go to the Senate. Likewise Friday was Turnaround for the Senate, so we will be getting their bills for consideration during the remainder fo the session. Once a bill passes both houses and is signed by the governor, it becomes law.

BUDGET AND SCHOOL FINANCE. Nothing yet. The House and Senate Appropriations and Budget Committees as well as the Tax Committees of the House and Senate are still considering spending and revenue packages, including funding for schools, K-12 as well as the colleges. The House Appropriations is working the Budget fairly consistent with the Governor’s budget proposal made in January. For a description of the Governor’s budget, see the Reports page of my web site: www.DougPatterson.org.

HB 2145: In-State Tuition for Illegal Aliens. On Thursday, February 27, 2003, SUB 2145 passed Final Action by a vote of 81-43. If signed into law, SUB 2145 would allow someone who attended an accredited Kansas high school for three years and graduated from an accredited Kansas High School, or obtained a GED in Kansas, to receive in-state-tuition. This bill would allow illegal aliens in-state tuition. Proponents feel that because illegal aliens have attended Kansas schools, as well as contributed tax dollars to the State, they warrant in-state tuition. Opponents argue that in-state tuition should not be granted to illegal immigrants because it is not fair for those immigrants who came to Kansas legally. This issue is contentious and will generate a fair amount of media coverage. My mail form Johnson County indicated that an overwhelming number of voters opposed this measure. I voted against it as did many Johnson County Reps., but the southern and western parts of the state, including Wichita, with large number of illegal aliens, supported the measure so it had sufficient votes to pass the House.

HB 2039: Drivers Licenses for Illegal Aliens. If you’re one of the many people who e-mailed me on HB2039, your not going to like this. Neither do I. On Friday, February 28, 2003, HB 2039 passed Final action. If like wise passed by the Senate and signed into law by the Governor (and she will), HB 2039 will allow undocumented workers and those out-of-status with the federal Immigration and Naturalization Service (illegal aliens) to obtain Kansas driver’’s licenses and identification cards, if they provide an individual taxpayer identification number provided by the IRS, and other evidence of Kansas residency. It authorizes a 3 year permit which must look distinctive from the current regular driver’s licence. It is not to be used as an identification card and cannot be used in for the Motor-Voter registration. Proponents argue that because undocumented workers do not have driver’’s licenses, they are therefore uninsured. If they are uninsured and they are involved in an accident, then the other driver will be harmed. Opponents argue that driver’s licenses from illegal immigrants is not fair for those immigrants who came to Kansas legally. I voted against it as did many Johnson County Reps., but the southern and western parts of the state, including Wichita, with large number of illegal aliens, supported the measure so it had sufficient votes to pass the House. It passed the House with 3 votes to spare. This issue is contentious and will generate a fair amount of media coverage.

Magistrate Courts. HB 2307 would authorize the Kansas Supreme Court to eliminate current requirements of one judge for county as to magistrate judges in counties where the caseloads do not justify a magistrate judge. This was opposed by smaller counties where magistrate judges do not carry a full load yet the perception is that the judge is necessary full-time. This matter passed and should help our judiciary allocate resources among counties in need of more judges.

Property Valuation. HB 2205. Currently, some county appraisers in the state are increasing the assessed valuation of property not only by any special assessment improvements made but also by the amount of the special assessment tax also. This is double dipping. Under HB 2205, such practice will be eliminated. Also under this bill, as to properties which are subject to special assessments, the seller must disclose to the buyer of the property the amount of the special assessment levied against the property or disclose at least the fact that the property is within a special assessment district.

Public Pre-School . HB 2231, relates to schools establishing child care facilities including a preschool facility established, operated and maintained by a school district. This bill broadens the definition of child care facilities to include a preschool and allows the school districts to charge for those services. This will establish preschools in our public schools. I did not like this bill in that preschool services are not within the scope of what our public schools are to offer in this budgetary time. Also, additional programs undertaken by schools should be limited. I did however, receive e-mails from constituents urging me to support HB 2231 and therefore I voted in favor of it. It does not appear however, that public schools, at taxpayer expense, should be finding preschool activities and it will be our efforts to limit the scope of this measure as much as possible and to make certain that those parents taking advantage of such pre-school functions pay 100% of the cost. If that appears not to be the case, we will repeal the program.

Commercial Contracting. HB 2154. In the construction industry, a developing practice is for general contractors or property owners to require subcontractors to indemnify the owner or general against the owners own negligence. This also applies to general contractors requiring subcontractors to indemnify the general contractor for the generals negligence. This is an unfair practice undertaken by owners and general contractors with a greater bargaining power and therefore under HB 2154, this type of indemnity provision will be invalid in that such provisions violate public policy. I supported this measure and it passed the House on a vote of 122 to 2.

Kindergarten. HB 2339 lowers the mandatory kindergarten age from seven years old to six years old by a certain date in the latter portion of the beginning school year such that a child five ½ years old turning six in the enrollment year could be required to attend kindergarten. I was not certain about this measure and did not supported. The bill did not passed the House but was we referred to another committee for further study.

Home Building and Remodeling, HB 2294- Homebuilders Notice of Defect and Right to Cure. Currently, given the proliferation of litigation concerning alleged homebuilder and/or remodeler defects in workmanship and materials, home buyers and property owners are burdened with the cost of litigation in the event of a poor performance by a contractor. On the other hand, contractors who build a quality product and professional remodelers have been subject to frivolous litigation from litigious property owners and attorneys without the ability to be aware of alleged problems and the right to inspect and cure such problems. HB 2294 establishes a pre-litigation procedure such that all parties have an opportunity to inspect any alleged problems and the opportunity to settle the matter or cure the matter prior to litigation being initiated. This is a good bill agreed upon by the state builders association and certain consumer organizations. I carried this bill on the floor of the House.

HB 2186: Modification of Cold Weather Rule. On Tuesday, February 25, 2003, HB 2186 passed Final Action by a vote of 110-13. Proponents modified language that encouraged consumers to incur unmanageable debt. If HB 2186 is signed into law, it would encourage payment plans to help keep people with genuine payment problems at manageable levels.

HB 2023: Wooden Roofs will be against public policy. HB 2023 provides that homes association declarations which require wooden roofs are unenforceable as against public policy. I would agree that some of the asphaltic roof materials out there look good and are safer, but it seemed to me that homes association requirements are a matter of contract between property owners and the State should not upset that. So I voted against this.

Please remember, these are just bills that have passed out of the House and are now in the Senate. They are not law yet.

GENERAL INFO:

I am describing below bills which passed the House during the week of Turnaround. For more information on these bills, see the links page of my web site, www.DougPatterson.org hit the “bill finder” button and then go to the button for “Single Bill Tracking. Or just hit or light up the following link in your address bar:

http://www.kslegislature.org/cgi_bin/billtrack/index.cgi.

Then type in the bill number of interest. A copy of the bill and a supplemental note or fiscal note will also be available

Bills that passed on Final Action during the week of February 21-28 and their votes. Summaries taken from daily journals.

February 21st: (Friday’’s Journal)

HCR 5008: urges the designation of school nurses as first responders. 121-0

HB 2032: concerns real property and relates to eminent domain and location costs. 103-18

HB 2034: concerning the Kansas power of attorney act. 121-0

HB 2068: addressing tort claims act concerning certain municipalities. 121-0

Sub. HB 2073: in regards to the division of vehicles, concerns driver’’s licenses, i.d. cards, and selective service registration requirements. 113-8

HB 2100: concerns real property relating to home inspections. 64-57

HB 2113: in regards to regulating traffic concerning the maximum speed limit for school buses. 104-17

HB 2207: concerns the state board of pharmacy and provides for registration of pharmacy technicians. 116-5

SB 16: concerning driver’’s licenses and i.d. cards relating to application requirements and photograph fees. 80-41

Monday 24th: None.

Tuesday 25th:

HB 2245: concerning weights and measures that relates to standards of commercial weighing and measuring devices. 123-0

HB 2112: in regards to counties, it relates to the enforcement of county resolutions. 68-55

HB 2131: concerns thermal efficiency standards. 108-15

HB 2158: regarding authorized emergency vehicles, designating wreckers, tow trucks or car carriers as authorized emergency vehicles. 120-3

HB 2159: relates to vehicles concerning the registration of certain vehicles. 122-1

HB 2166: regulates traffic in regards to certain axles. 123-0

HB 2186: concerns certain public utilities relating to residential customers and provides for special payment and service disconnection procedures under certain circumstances. 110-13

HB 2191: relates to port authorities concerning certain powers. 112-11

HB 2201: regarding fire and fire protection, relating to investigations of fires and explosions. 123-0

HB 2220: amends the uniform commercial driver’’s license act. 122-1

HB 2280: concerns wind resources and technologies and requires the recording of leases related thereto. 113-10

Wednesday 26th:

HB 2189: relates to motor vehicles and registration thereof. 121-0

SB 52: concerns emergency medical services board relating to financial support thereof. 121-0

HB 2023: regards certain restrictive covenants. 84-37

HB 2135: relates to roads and highways concerning county roads. 109-12

HB 2150: concerns townships relating to traffic control devices. 121-0

HB 2192: relates to the division of vehicles concerning certain fees for drivers’’ licenses and i.d. 79-42

HB 2193: relates to certificates of title concerning certain fees and the disposition thereof. 83-38 Sub.

HB 2197: concerns persons with disabilities and relates to assistance dogs and certain other dogs while prohibiting certain acts and providing penalties for violations. 118-3

HB 2202: concerns land to be incorporated or added to cities. 113-8

Thursday 27th: (voting numbers not provided)

HB 2015: in regards to the Kansas juvenile justice code relating to modification of sentence.

HB 2016: concerns the Kansas juvenile justice code relating to juvenile corrections officers and the training and powers and duties thereof.

HB 2027: concerning prairie dogs and relating to control thereof; duties and authorities of county commissioners as well as assessment of cost and prohibited acts.

HB 2035: regarding children in need of care relating to the right to counsel.

Sub. HB 2036: concerns the petroleum products inspection act relating to diesel fuel and misrepresentations regarding biodiesel and penalties.

HB 2057: in regards to crimes and punishment relating to identity theft.

Sub. HB 2064: concerns civil procedure and filing times.

HB 2071: regarding issuance of insurance policies in a foreign language.

HB 2078: concerning wildlife and parks in regards to hunting permit, commercialization of wildlife, and penalties thereof.

HB 2088: concerns the department of corrections and its inmate assistance upon release requiring certain inmates to pay for public transportation costs.

HB 2121: regards crimes, criminal procedure and punishment relating to aid to indigent defendants and application fees.

HB 2132: in regards to county jails and inmate fees to defray maintenance costs.

HB 2138: concerning criminal procedure relating to forensic examinations and certificate procedures.

Sub HB 2145: concerns certain persons deemed to be residents for tuition and other fees at post-secondary education institutions.

HB 2160: regarding motor carriers and certain fees.

HB 2161: relates to dental hygienists.

HB 2169: in regards to the Kansas board of examiners in optometry and the fees charged by the board.

HB 2171: concerns licensure in regards to adult care home administrators.

Sub. HB 2173: in regards to dental students being held to certain agreements for service and repayment; sets out powers, duties, and functions for the state board of regents while also authorizing cities and counties to enter certain agreements.

HB 2208: concerns tax increment financing and STAR bonds relating to major redevelopment of property located in Sedgwick county.

HB 2214: relates to ballot handling after canvass as well as establishing write-in boards.

HB 2288: in regards to conformity with the help America vote act.

HB 2308: looks at information given to the juvenile justice authority in the way of confidential information of a treatment facility patient.

HB 2312: regarding a prompt trial.

HB 2314: concerns the Kansas juvenile correctional complex.

HB 2315: concerning grant payments in the juvenile justice authority.

HB 2332: regards employment security law, in specific looking at social security benefits.

HB 2375: relates to preliminary examinations in criminal procedure.

And what happened to HB 2027: The Prairie Dog Bill? It passed! This was really a big deal for farmers who felt as if Prairie Dogs, basically a big cute rat, were being set up to become an endangered species. They can damage crop land and poise a hazzard to livestock because of the tunnels and holes they build. That would be bad for farmers who need to eradicate the things from their crop and grazing land. On Thursday, February 27, 2003, HB 2027 passed Final Action by a vote of 71-53. Proponents of HB 2027 are trying to prevent these things from being listed as a threatened species under the Endangered Species Act (ESA). If the prairie dog is listed under the ESA, authorities in Washington, DC will keep farmers from managing their property much like the Spotted Owl and the Topeka Shiner, a minnow swimming in Kansas waters. This little fish is a useless little thing, people don’t eat a minnow, but is protected from farmers trying to manage water runoff and livestock ponds. Farmers don’t want prairie dogs to be likewise protected. Under HB 2027, the County Commissioners will be responsible for the management and control of prairie dogs within their county.

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As I have done in the past, I hope to get you a report weekly. Please e_mail me 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