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This Week at the Statehouse
House Approves First Bill of the 2014 Session
Energy and Environment Committee Hears from Panel on Fracking
Agriculture and Natural Resources Committee Hears Presentation on Corporate Farming Laws
State Revenue Projections Presented to House Taxation Committee
Social Services Budget Committee Reviews Medicaid Privatization
Corrections and Juvenile Justice Committee Discusses Mental Health and Substance Abuse
Keep in Touch
This Week at the Statehouse
This week legislators continued to gather information from various agencies and hear reports in preparation for
legislation soon to come into committee. Throughout the coming weeks, committees will continue to hear and
work new bills. In addition, the House passed its first measure of the legislative session. This week was cut short by
Martin Luther King Jr. Day as well as by the funeral for Rep. Kleeb’s wife who passed away last week. Nancy Kleeb,
wife of Representative Marvin Kleeb, passed away unexpectedly last weekend. One of the best traditions of the
Kansas legislature is that we always willingly set time aside to support each other in times of need. My thoughts
are with Rep. Kleeb and his son at this time. Our four-day week was still a very busy one, and needless to say our
days are soon to become even busier and longer as more bills head to the House.
As always, I am privileged and honored to be your voice in the Kansas Capitol. If I can ever be of assistance to you,
please feel free to contact me at home: 620-249-5381 or in Topeka: 785-296-7691. I am also working to keep
constituents more informed via Facebook: www.facebook.com/juliemenghini and Twitter:
www.twitter.com/juliemenghini.
House Approves First Bill of the 2014 Session
On Wednesday morning, the House debated and approved its first bill of the 2014 session. The legislation, House
Bill 2303, increases fines for DUI convictions and fees for reinstatement of driver’s licenses following a DUI
conviction.
The bill requires the Kansas Department of Health and Environment to create and maintain breath alcohol
programs using money from the increased fines and fees to pay for its administration.
Fines for failure of a breath alcohol test would double with first time test failures going from $100 to $200. Second
test failures would go from $200 to $400. Third test failures would increase from $300 to $600 and fines for fourth
and subsequent failures going from $400 to $800.
Fees to have a driver’s license reinstated would also increase by 50%. For a first time offender, the fee would go
from $400 to $600. For those with fourth and subsequent violations, fees would increase from $1000, to $1500.
Money raised through the fines and fees go to the Kansas Department for Aging and Disability Services Community
Alcoholism and Intoxication Program Fund, the Juvenile Detention Facilities Fund, The Kansas Bureau of
Investigations Forensic Laboratory and Materials Fee Fund, and the Driving Under the Influence Fund administered
by the Kansas Department of Health and Environment.
Through 2017, 33% of the fees and fines collected are dedicated toward a salary adjustment fund for non-judicial
employees of the Kansas Judicial Branch.
HB 2303 passed the House on a vote of 109-11. The Senate approved the bill by a vote of 34-6 near the end of the
2013 session, so the bill now advances to the Governor for his signature.
Energy and Environment Committee Hears from Panel on Fracking
On Tuesday, Kim Christiansen from the Kansas Corporation Commission gave a presentation to the Energy and
Environment Committee to answer questions about the possible environmental hazards caused by hydraulic
fracturing, or “fracking”. Despite scientific evidence that suggests that fracking leads to increased seismic activity in
areas that wouldn’t normally have earthquakes, the stance from the KCC is that fracking itself does not cause
earthquakes in Kansas. However, the KCC conceded that decades worth of evidence has suggested that aspects of
the fracking process, such as injecting fluid into deep disposal wells, can cause an earthquake.
Rex Buchanan, from the Kansas Geological Survey was also on hand to discuss the risk of earthquakes in Kansas. He
stated that while the risk of a major earthquake in Kansas is slight, Kansas is not immune to tremors. Over the span
of 12 years, more than 200 small scale earthquakes in Kansas and Nebraska were recorded.
Other topics on the horizon in Energy and Environment this session include the Kansas Energy Expo and the Grain
Belt Express. The Kansas Energy Expo which will be held at the Kansas State Fair in Hutchinson, Kansas, will have
educational and informational activities about how to better use and save energy. As for the Grain Belt Express,
this project would deliver wind energy from Western Kansas to utilities and customers in Eastern states, including
Missouri, Iowa, Indiana and Illinois. Proponents of the Grain Belt Express argue that it will create jobs, both
temporary and permanent, increase rural economic development, and allow for water use reduction, pollution
reduction and lower utility costs for customers.
Agriculture and Natural Resources Committee Hears Presentation on Corporate Farming Laws
On Tuesday, Richard Levy, a Distinguished Professor of Constitutional Law at the University of Kansas, reported the
findings of the Advisory Committee that was formed in order to explore the constitutionality of the Kansas
Corporate Farming Law. The need to investigate this issue was felt because two similar laws in Iowa and South
Dakota were recently struck down by the courts.
The current corporate farming law aims to protect family farms in Kansas as well as make it more difficult for outof-state corporations to build large-scale farming operations in the state. As it stands now, if a large corporate
farming operation seeks to locate in Kansas, citizens of the county where the operation would be located have the
option to have the issue on the ballot if 5% of the registered voters in the county sign a petition requesting a public
vote. This offers protection for local family farms and property owners concerned with the environmental and
sanitary impact of locating such large operations within their county.
The committee found that this law could be ruled unconstitutional if challenged in the courts, the main reason
being that it could violate the dormant commerce clause. This clause prohibits states from discriminating against
out-of-state businesses. The Corporate Farming Law could potentially violate this clause because some provisions
explicitly favor Kansas residents. For this reason, Levy suggests that the wording of the current law could be
revised in order to make the law more constitutionally sound.
There are some provisions in the current law that limit the size of corporations that are legal because it applies to
both Kansas and out-of-state corporations. The law places restrictions on the number of shareholders within the
corporation as well as the maximum amount of acreage (5,000 acres). For example, a large agricultural
corporation such as ConAgra could not legally buy large amounts of land in Kansas. Committee members asked
what changes could be seen as a result of the changes to this law. Levy responded that there could be an increase
in out-of-state ownership of farmland in Kansas.
State Revenue Projections Presented to House Taxation Committee
On Tuesday, Chris Courtwright, from the Kansas Legislative Research Department gave a presentation to the
taxation committee over the State General Fund Receipts Estimates for Fiscal Years (FY) 2014 and 2015, which are
used by the Governor and the legislature to build the annual budget. The presentation included an overview of
both January’s monthly report, and the complete consensus estimates developed on November 6, 2013.
The state revenue estimate for FY 2014 decreased by 0.5 percent, which is a reduction of $29 million below the
previous estimate in April. These adjustments are due to legislation enacted at the end of the 2013 session.
Members of the committee raised concerns over the estimates, including the effect of potential change in tax
returns this year and growth of the state’s economy in comparison to the nation. Courtwright responded by
addressing the many factors considered during the estimation process, and that the consensus reflects a dynamic
model due to the many changes occurring in Kansas’ tax law.
While the budget introduced last week by the Governor projects a combined deficit approaching $1 billion over
the next five years, I can guarantee you that I, as well as other legislators will be tracking revenue projections
closely.
Social Services Budget Committee Reviews Medicaid Privatization
The Social Services Budget Committee met on Tuesday, January 21 to discuss Medicaid funding for home and
community based health services for Kansans with disabilities and the implementation of the state’s KanCare
program. Medicaid covers low income families, the disabled, seniors, and individuals with breast or cervical cancer.
To qualify for Medicaid in Kansas, an individual must meet the categorical eligibility requirements, income
eligibility requirements and be a current resident of Kansas with no intention of moving out of the state in the
foreseeable future. 60% of the funding for Medicaid comes from the federal level and 40% of the funding comes
from the State. KanCare is the program through which the State of Kansas administers Medicaid; however KanCare
does not include all Medicaid programs.
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Medicaid has seven waivers and one waiver-like program which cover health services for Autism, developmental
disabilities, physical disabilities, the technology assisted, traumatic brain injuries, the frail, elderly, and the
seriously emotionally disturbed. The waiver-like program is a community based alternative to Psychiatric
Residential Treatment Facility. Each waiver has individual diagnosis and financial eligibility requirements, and each
waiver offers unique services and support.
During the presentation, legislators raised concerns regarding the historically high number of citizens who spend
years on waiting lists to gain coverage by Medicaid, especially for those with Autism. A primary concern for those
trying to gain coverage for Autism is that by the time many finally are able to come off of the waiting list, they no
longer meet the age eligibility requirements and never get the care that they need. Medicaid and its expansion are
sure to be one of the hot topics during this year’s session.
Corrections and Juvenile Justice Committee Discusses Mental Health and Substance Abuse
The main topic of discussion during the Juvenile Justice and Corrections Committee meeting on January 23,
2014 was Bill 2427- relating to alcohol or other drug addiction treatment act.
A common theme presented by all of the speakers was the strong evidence that indicates both social and fiscal
benefits associated with increasing diversion programs and community corrections instead of jail time for nonviolent offenders. Other recommendations proposed by the speakers included revising juvenile justice sentencing
and good time provisions.
Terri Williams, the Deputy Secretary of Juvenile Services was present to discuss positive trends over time that have
occurred at both the national and state level. Kansas has been following national trends that show a reduction in
the number of kids involved in the correctional facility system, and an increased proficiency of keeping kids in the
lower, more local levels of the correctional facility system. Another positive note is a 14% reduction in the Juvenile
Custody population since FY2009.
The representative from KNASW was opposed to HB 2427 in its present form. Their main objection was that it
limits treatment to only addiction professionals and excludes mental health professionals. Addiction counselors
are limited to addressing only the behavior of substance abuse and are not permitted to diagnose any mental
health disorders, including substance abuse. The legislative post-audit found that 60-90% of juveniles in facilities
are in need of substance abuse services. KAAP is in support of eliminating the state institution exception to meet
these needs.
The hearing was left open until a representative from Kansas Department of Corrections could be contacted for
more information.
Keep in Touch
It is a special honor to serve as your representative. I value and need your input on the various issues facing state
government in order to better serve my district and this state. Please feel free to contact me with your comments
and questions. My office address is Room 174-W, 300 SW 10th St Topeka KS, 66612. You can reach me at (785)296-7691 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail
me at Julie.menghini@house.ks.gov. You can also follow the legislative session online and find many useful
resources at www.kslegisture.org