Rep. Doug Patterson

District 28

Leawood and Overland Park

Chair: Johnson County Legislative Delegation

Member: Health and Human Services Committee

Member: Commerce and Labor Committee

Member: Joint Committee on Indian Affairs

Vice-Chair: Judiciary

MAJORITY WHIP

House phone: 785-296-7672

WWW.DougPatterson.org

Patterson@house.state.ks.us

Legislative Newsletter # 7, March 20, 2003

Dear Constituent:

This is the first report in two weeks since there has not been much of interest to report. This is different than the last two years, when bills that spent money could be considered. This year, no bills with a fiscal note, i.e bills that spend money are being seriously considered, therefore we have not passed much of anything we really have to have. So why are we here and why aren't we working school finance? Good question. Well, there are a number of policy issues up for consideration from licensing of physical therapists, Realtors authority to sell title insurance, uniform securities act, an overall of the Workers Compensation bill, lots of crime and juvenile justice matters to....Prairie dogs. They just won't go away. The Senate is now debating the prairie dog bill, and it is very contentious. (see prior Newsletter at WWW.DougPatterson.Org).

I will say that the results of my survey were amazingly surprising as to tax increases and funding priorities. See those results in my "Newsletter" section of my web page, www.DougPatterson.org.

The Budget

Last week, Gov. Sebelius had a small group of budget experts give her an unofficial preview of where the state stands financially. Her group confirmed what our legislative research staff has been telling us for months. The November estimates that Gov. Sebelius has based her budget on are not going to be met for either the current fiscal year which ends on June 30, or for FY 2004.

They projected the state would collect $105 million less in taxes this year than the Governor had expected. In addition, they expect that we will be $125 million short of the November projections for FY 2004. Under the Governor's budget, the state had no ending balance for the current fiscal year and only $400,000 for FY 2004. Because the state constitution prohibits carrying a deficit from one fiscal year to the next, the Governor and the Legislature have a considerable amount of work to do in order to bring the Governor's budget into balance.

Gov. Sebelius spent the week touring the state delivering the bad news. She is expected to make a proposal to the Legislature on how to balance her budget within 10 days. Although, she has promised to have a proposal available withing the next week or 10 days for the past two weeks. Republican leaders have pledged to give any proposals, if she ever makes any, full consideration and not to block a vote on them.

The Governor has yet to offer the revenue plan to balance her budget. Gov. Sebelius has consistently said she would deliver her plan to the Legislature in about 10 days. While she has been consistent in her message, she has exceeded her time table by approximately 3 weeks. We believe she is trying to garner support for a tax increase, and many of her opponents are just waiting for her propose a tax increase, something she did not suggest in January. Believe me, she will propose a tax increase of some sort, and as much as I oppose tax increases to support bureaucracy, we will need to raise some form of taxes. I do think that property taxes are off the table for consideration of increasing, and we don't have much more sin around to tax more. So some form of income tax sur-charge, another sales tax increase, gasoline tax or some form of sales tax exemption elimination will be up for debate in the near future.

Abortion Clinics

The House of Representatives overwhelmingly passed a bill designed to improve health restrictions on abortion clinics. Currently, most abortion clinics in the state are regulated just like a family practitioner's office. Proponents of the bill wanted clinics to be regulated similarly to ambulatory surgical centers since abortion is a surgical procedure. The bill would put into statute the recommended regulations of Planned Parenthood. To it's credit, Planned Parenthood has developed a good set of health standards for abortion clinics, so I predict that those standards will be adopted.

Gaming

With the budget situation becoming worse, the Governor this week lent her support to a proposal to allow slot machines at parimutuel racing facilities in Kansas. Under the plan supported by the Gov. Sebelius, slots would be allowed at dog and horse race tracks and at one stand-alone facility (presumably in Dodge City.) The Governor's staff was working on ways to guarantee at least $30 million in FY 2004 by requiring slots promoter to pay moneys up front. This is very smart on her part. The Senate Federal and State Affairs Committee is hearing several proposals this week regarding gaming. On a related front, Indian tribes are expected to officially make a proposal to the Governor next week on a Wyandotte County casino with exclusivity rights for the tribes. If the tribes succeed in getting an exclusive compact with the state, all of the other slots proposals would be prohibited. It is unclear whether or not any proposal will bring all of the proponents of gaming into agreement. I am on the joint tribal committee and I support slots. We will have to be careful and try to get slots approved first, or to approve a tribal casino which will return to Kansas much $$ as commercial slots would provide.

Education Funding

The U.S. Census Bureau released rankings for state spending on education for 2001. Kansas ranked 14th in the nation (including Washington D.C.) in state spending per pupil, 13% above the national average. Interestingly, Kansas ranked 31st in the nation on amount spent for teacher salaries per pupil, 12% below the national average. Meanwhile, Kansas ranked 8th in the nation in General Administrative costs per pupil, 60% above the national average. The full report is available on the Census Bureau's web page at

http://www.census.gov/govs/school/01fullreport.pdf. The House Education Committee has been working on several proposals designed to address the unusually high administrative costs that Kansas pays for education.

A very big measure for education is the freeing up of certain reserve funds. SB 22 is before the House Education Committee. It is similiar to my bill on this topic. This year, we let the Senate handle this issue. We are running to serious opposition from the KNEA (teacher's union) and from KASB, the Kansas Association of School Boards. The objection to SB 22 is that since Blue Valley and Shawnee Mission School Districts do have large reserves (about $8M for BV and $6M for SM) in the capital outlay funds, access to these funds would give BV and SM more money than other smaller school districts. It's the same old argument that all Kansas children should have an equal education, not just a suitable education and let those district choosing to do so, raise more money to keep in the district. We have four Johnson County Representatives in the Education Committee and they will do their best to get this bill to the House floor. Last year, I got the House to agree to this measure, but it was pulled off in conference committee thanks to the then chairman who was defeated in his election.

Drug Offenses

The Senate narrowly approved a bill this week that would provide treatment for non-violent drug offenders rather than putting them in prison. The controversial bill would only apply to future offenders and is expected to slow the demand for beds in our prison system. Currently, our prisons our near capacity and federal courts can and will begin ordering the release of prisoners if more space is not available in the near future. Opponents of the bill would prefer to build more prisons, while proponents argue that this gives us at least another year before any new beds would have to be added. More on this bill now in the House below.

Committees Highlights

Committees have just over one week to finish hearing non-exempt bills from the Senate. Most are on or ahead of schedule for the year.

Appropriations: Plans to work the FY 2004 budget next week in order for it to be considered on the floor of the House the last week of March.

Education: Will hear more proposals on school budget uniformity.

Taxation: Had hearings on renewal of the state's 20-mill property tax levy. Plans to hear the Governor's proposed tax amnesty bill.

Corrections and Juvenile Justice: Hearing on several bills, including SB 67 regarding opening records due to a child fatality and HB 2309, mandatory treatment for first and second drug possessions. Plans to have hearings on SB 123 regarding treatment for drug offenders.

Federal and State Affairs: Hearings on bills, including SB 205, in regards to the Kansas commemorative coin and SB 9, dealing with the jurisdiction of Native American tribal law officers.

Health and Human Services: Hearing on three bills, numbers SB 106, SB 151, and Sub SB 204. None of them appear controversial.

Agriculture: Meeting with House Higher Education Committee on Monday to hear Dr. Ed Martinko from the Kansas Biological Survey. Presentation Wednesday by Steve Bittel from the Kansas Rural Development Council and Professer Mike Babcock from Kansas State University. Hearing on Bills.

Ethics and Elections: Hearing on SB 103, regarding recall procedures for elections.

Higher Education: Joint meeting with the House Committee on Agriculture and possible hearing on bills.

Economic Development: Hearing on SB 235, regarding STAR bonds throughout the state.

Environment: Hearing on HCR 5019, in regards to crop insurance policies.

Insurance: Had hearings this week on allowing real estate agents sell title insurance. Plans hearings next week on allowing insurance companies to use credit scoring when selling insurance.

Today, March 20, 2003, at the direction of Governor Sebelius, and with the concurrence of Speaker Mays and President Kerr, security measures were heightened around the state complex. The following measures will be implemented effective Thursday, March 20, 2003.

Constituents interested in visiting the capital might be interested in hearing the procedures:

1. Everyone with State ID cards should display them on their person at

all times while in the State Capitol Building or other capital complex

buildings.

2. All visitors and guests will be required to sign in. Visitors to the Capitol

will be admitted only at the east portico entrance.

3. Employees may gain entrance to the State Capitol at first floor south and

west doors with the use of their ID access card, but should not allow visitors

or guests or persons unauthorized to enter except through the public access. Employees entering the Capitol Building may wish to utilize entrances other

than the east portico due to possible congestion of that area.

4. All backpacks, bundles and other packages will be subject to random

search. Failure to consent to search will result in refusal or admission to

the building.

Honoring Veterans

On a motion by Rep. Tafanelli, HR 6015 was adopted on March 19, 2003 which honored the men and women of Kansas serving in America's armed forces.

On a motion by Rep. Dan Johnson, HR 6014 was adopted on March 19, 2003 which honored all veterans from Kansas who served during the Korean War.

SB 123: Drug Possession/Prison Bed Space Bill

SB 123: Drug convictions; possession is a level D4 classification; mandatory drug treatment; border boxes on D4 replaced with probation boxes.

This bill will likely generate controversy in the upcoming days/weeks as discussion on the bill moves forward. SB 123 makes major changes in the Kansas criminal law relating to penalties for possession of illegal drugs and the state's sentencing policies relating to these crimes.

The bill chooses treatment over incarceration. Although the bill does not address how treatment program costs would be financed if the costs cannot be recovered by the offender receiving the service, the Department believes that some state level funding would be needed to make the program successful.

Proponents of the bill include Governor Sebelius and the Kansas Sentencing Commission. Opponents of SB 123 include Attorney General Phill Kline, the KBI, the Kansas Peace Officers Association and the Kansas County Attorneys.

Based upon my survey results (see the "Survey" portion of my Newsletter on my web page) an overwhelming number of Leawood and Overland Park support a drug court and treatment programs for drug possession offenses (not dealing). I will vote for this bill.

March 29th, 2003: Drop Dead Date

With March 29th being the Drop Dead Date to pass bills out of committee, there has been a flurry of activity. Below is a list of Committees and bills that could possibly make it under the deadline:

Agriculture: There may be a total of 3 bills coming out of the Agriculture committee within the next few days. None appear to be controversial in nature.

Appropriations: Working on the 2004 Budget.

Commerce and Labor: It appears no new bills will come from the committee.

Education: Three bills may come from the committee, one of which could be the standardized budgeting bill and the other will be SB 22.

Environment: Hearing on bill regarding waste tires.

Ethics and Elections: SB 103, the recall bill, may be coming out of committee.

Federal and State: Three bills may be coming out of committee, two of which are SB 205 (Kansas commemorative coin design act) and HB 2420 (Children's internet protection act).

Health and Human Services: Hearings regarding the physical therapy bill that passed the Senate (SB 225).

Insurance: Hearings on Sub SB144: Enacting the Kansas Insurance Score Act.

Judiciary: SB 18 (House Sub for S 0018 by Committee on Judiciary--Eliminate requirement of one judge per county; reassigned based on caseload as determined by the supreme court) was passed out of committee. It is the new version of the Magistrate's bill that was killed on the House.

Local Government: Three bills may pass out of committee, including one on the consent calendar, the abatement bill, SB 79 which deals with protest petitions.

Tourism: Hearings on SB 134: Regarding limiting the liability of property owners to person entering premises for agritourism and ecotourism purposes. Hearings on SB 221 which would create the southeast Kansas quail working group stamp.

Taxation: Three bills may pass out of committee including HB 2237 (Property tax classification and exemption related to bed and breakfast residences) and HB 2416 (Amnesty from assessment or payment of penalties and interest on certain unpaid taxes).

Tourism and Parks: The possible passage of the eco-tourism bill.

Utilities: Hearings on SB 51 which would prohibit the exclusion of excessive employee compensation ("golden parachutes").

We will begin debate on the budget next week, so that should provide a more interesting report next Friday.

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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