February 19, 2004 Newsletter

Legislative Update February 19, 2004

On Monday, February 16, 2004, I testified in the Education Committee in favor of HB 2360. This bill was sponsored by Rep. Judy Morrison (R-Merriam), Rep. Ray Merrick (R-Stillwell) and myself and will raise the LOB from 25% to 30%. It will mean millions of local dollars staying in Johnson County. The Shawnee Mission School District also supported the bill. Busting the cap on the current LOB of 25% is always a contentious issue by those claiming that we should not raise money locally, but should first raise money for the entire state. As you know, for every $6.00 of taxes raised in Johnson County, only $1.00 gets back to us.

Also, on Monday, I testified in favor of my bill, HB 2837. This bill will create another "weighting" or increase adjustment factor in the Base State Aide Per Pupil formula so as to consider the increase cost of living expenses incurred by teachers in Johnson County. The bill also requires the consolidation of small school districts.

Naturally, the famous Kansas Association of School Boards (KASB) testified against it. Again they do not support local initiatives in school funding. They also opposed HB 2630. The NEA, teachers union also opposes the LOB.

These type of bills usually are opposed so strongly by our out-state legislators that they don’t make it, BUT, THIS YEAR MIGHT BE DIFFERENT. If the Governor’s "Education First" tax increase gets moving, or some variation of it, we will have HB 2360 and HB 2837 to amend onto it.

And guess who finally showed up in the Capitol, after five weeks of being AWOL; the "Kansas Families United for Public Education" (KFUPE). You may recall that I wrote of this organization last time in my February 5, 2004 newsletter. They have issued a WARNING to bad legislators who actually try to get money for our local schools. In threatening that the Kansas Supreme Court will support Judge Bullock, they wrote:

I guess they don’t like a "specific agenda" which tries to help our own local schools first. Well, THAT IS MY AGENDA.

In addition, KFUPE enlightened us that they were also supporting allowing illegal aliens to receive Instate tuition, when they wrote:

You will recall that the funding of illegal alien schooling by allowing them to have the benefit of Instate tuition is not popular, I opposed it last year and continue to oppose it. It made it out of the House and is now in the Senate this year.

The Education First plan is the Governor’s tax increase plan, which even Dr. Marje Kaplan (Superintendent of the Shawnee Mission School District) , The Kansas Chamber, Overland Park Chamber and many others have determined does not adequately address our school needs. There is no question that increasing the LOB is the best solution for our local schools.

I’ll keep an eye on what KFUPE and KASB are up to and keep you posted. And next time you see one of those T-shirts or yard signs that reads:"Support Candidates who Support Public Education", ask them "whose" students and teachers they want to give money to, those in Shawnee Mission and Blue Valley or small inefficient school districts out west. It’s the latter.

The House Economic and Development Committee heard lengthy testimony this week from proponents of the Kansas Economic Growth Act (KEGA). Many state educators testified as to how the available federal research funds benefit Kansas universities and how such research can lead to new jobs in Kansas.

With the economic boom of the biosciences, new products are being created through university research. Once these products are created, new companies are often started to produce them, and they usually set up shop in the same state that created the product.

One product that is an example of how Kansas could benefit from bioscience development is a tool that a doctor can use to measure the thickness of a person’s cornea. This device, which was invented by a Kansas native that now attends medical school out of state, would allow doctors to more accurately test for and diagnose glaucoma. It would potentially be used by approximately 17,000 ophthalmologists and 40,000 optometrists every day in the care of their patients. Had the development of this tool occurred after KEGA was enacted, the ability to keep such a person and his product in Kansas would have been much greater.

So far, nobody has testified in opposition to the bill. A vote on KEGA will be taken on Tuesday, February 27, 2004.

The Personal and Family Protection Act (PFPA) was introduced. This bill require the Kansas Bureau of Investigation to issue concealed weapons licenses to qualified applicants. The license would require an original application fee of $110 and a renewal fee if $50. The licenses will have to be renewed every four years. The format of the license will be something similar to that of a Kansas driver’s license, or a special denotation will be on a person’s current driver’s license or identification card.

To receive a license, applicants must meet certain qualifications. For example, they must be at least twenty-one years of age and physically able to handle a weapon safely. To be approved for a license, applicants cannot have a felony conviction, cannot have been placed on felony diversion, cannot owe child support, and they must complete a weapons safety and training course, among other criteria.

Strict rules regarding the limits of where a person can carry a concealed weapon have also been included in this legislation. Some places where a concealed weapon cannot be taken are police stations, any place where alcohol is dispensed, jails, courtrooms, schools or universities. Business owners and employers will legally be able to prohibit customers and employees from carrying concealed weapons on their premises.

Supporters of the legislation want to enable private citizens to protect themselves from criminals. They also believe that allowing concealed carry would deter criminals from attacking people. Those against the bill will argue that arming people on the street could interfere with law enforcement. Opponents will also argue that guns are dangerous and by having more guns on the street, society will become less safe.

I would appreciate any input from you on this. I do not believe Kansas is ready for concealed carry, but if the Missouri courts uphold the recently adopted Missouri law, some people from Johnson County have indicated that they are concerned that the bad guys will cross the state line over into Kansas.

Commerce and Labor- The main legislation before this committee is the workers compensation bill. The committee could vote on the bill as soon as next week.

Corrections and Juvenile Justice- Hearings will be held Tuesday on HB 2649, which will make the internal possession of controlled substances a crime.

Education- The committee is still hearing testimony concerning resolution that would create a governor-appointed Secretary of Education. Next week, an alternative school finance plan will be heard.

Ethics and Elections- Hearings will be heard concerning the direct election of municipal judges.

Federal and State Affairs- The committee heard testimony concerning the Defense of Marriage Amendment. The act would allow voters to amend the state constitution so that it would define marriage as the civil union between one woman and one man. Any other marriage would be void. I support this bill.

Next week the committee will hold hearings on HB 2751. This bill would require abortion clinics to maintain their facilities in accordance with a minimum level of state regulation as set forth by the Kansas Department of Health and Environment. Specifically, standards for dressing rooms, lavatories, examination tables, and areas for cleaning and sterilizing instruments would be created. It also mandates medical staff to be trained properly and establish procedures concerning how women are examined.

Legislation similar to HB 2751 was passed last session by both the House and the Senate. However, Governor Sebelius vetoed the measure because she claimed abortion clinics were sufficiently regulated. Proponents of this bill claim that abortion clinics are not regulated in Kansas, and they hope this bill will help educate the Governor on that issue.

This bill is just plain common sense, and as I did last year, I will support it. The bill is not a "Choice" v. "pro-Life" issue, it’s just a bill to confirm that these in-office surgery centers meet the health standards established by Planned Parenthood itself.

Insurance- A bill was introduced, and hearings will be held, providing for the insurance coverage from conception to the age of 19.

Judiciary- Legislation that would require the Kansas Supreme Court to hear the state’s appeal as soon as possible concerning school finance is on the fast track through the Judiciary Committee. The measure was voted out of committee on February 18, 2004 and is now headed for the floor. Of course, I will support it.

Once the issue of changing jurisdiction to the Kansas Supreme Court is resolved, the committee will determine if measures can be taken to prevent the potential threat of judicial activism occurring in school finance cases. One such measure would be to have school finance cases heard by a three-judge panel instead of having them assigned to one district court judge.

If all goes as planned with the judicial budget, a bill giving the Chief Justice of the Kansas Supreme Court the authority to reallocate funding for magistrate positions from low-case-load districts to high-case-load districts will not be necessary. As it stands, the judicial budget will allow added funding for the needed magistrate positions in districts with high-case loads.

Tourism and Parks- The committee heard testimony on a bill that would allow counties with 25% or more of their car accidents being attributable to deer to declare a one week hunting season. Supporters claimed the bill to be a safety measure that could save lives. The opponents claimed the bill micro-manages the Kansas Department of Wildlife and Parks and could have unintended consequences to the state’s deer population.

Transportation- It appears that Governor Sebelius’ transportation plan has little support in the Transportation Committee. The Governor’s plan would issue more bonds for the current transportation plan which is already funded by bonds. The committee members feel that issuing bonds on top of more bonds encourages deficit spending and puts the state in too much debt. Instead, it appears Chairperson Gary Hayzlett will prepare an alternative plan next week.

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As I have done in the past, I hope to get you a report weekly. Please e-mail me (at Patter@ink.org) or call at 785-296-7604 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

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