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From the Statehouse: Week 9
Following the turnaround deadline on Friday, March 1st the Legislature adjourned until
Wednesday, March 6th. This gave me a valuable opportunity to return home and spend some time among constituents.
Below is a wrap-up of the first half of the Session
The Governo r’s Reading plan fails Committee
The Senate Education Committee held hearings on Governor Brownback's plan to increase
4th grade reading scores by holding back third graders who fail to pass a reading assessment. Opponents pointed out that holding back students creates social challenges for the children. Furthermore, third grade is too late to address the problem. A better solution would be to invest in early childhood education.
The Senate Education Committee voted down SB 169 on a vote of 6-5. Despite the fact that this proposal has received no support from education professionals, the Governor reinforced his desire to find another way to push the bill through. HB 2004 which pertains to third grade students who are deficient in the reading state assessment remains in the House Education
Committee unable to have support to come to the floor.
House & Senate approve changes to rape law
One positive piece of legislation to pass both the House and Senate last week was a bill that eliminated the five-year statute of limitations in cases of rape. Kansas is among 10 states that imposes such a limit.
The bill also allows for prosecution of a sexually violent crime to begin within 10 years if the victim is at least 18 years old. For younger victims, prosecution would begin within one year of the date the suspect is identified through DNA testing, or within 10 years of the victim's
18th birthday, whichever is later.
House floor action preserves Longevity bonuses for public employees, but the House
Appropriations Committee put in the budget bill that the longevity pay must come from agency budgets
Longevity is a small bonus paid to state workers after they have completed 10 years of service. State workers receive $40 per year of service, with a cap of $1000. This program has been bedrock of state employee stability for nearly a quarter century.
State employees earn it.
To take away something that an employee has rightfully earned is unfairly punitive.
Budget Update
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We passed a Mega budget bill out of committee on Tuesday covering the remainder of 2013, plus 2014, and 2015 at this time. This is our first attempt at two-year budgeting for all agencies. The Governor recommended a nearly flat budget for most agencies with few enhancements built in and the appropriations committee has cut another $24 million to date. It assumes revenues from a new 1 cent sales tax increase on people, removing personal income tax deductions for the property taxes we pay and interest on home mortgages. There will be no property tax relief to counties. He takes $30 million meant for a safety net for counties who depend on oil and gas production funds. We are looking under every rock for a few bucks to plug this $300 million plus education funding – very big hole created by tax cuts on businesses. However, the House actions also include the following changes:
Concealed Carry Changes
Today on final action with HB 2055, the House gave approval to sweeping changes to concealed carry laws that may result in more concealed weapons in public places.
HB 2055 requires state, city and municipal buildings to allow entry of concealed weapons unless the building provides security at the entrances. In committee the bill was amended to eliminate the misdemeanor penalty for bringing a concealed weapon into a building that prohibits them. Proponents of the amendment argued to remove criminal charges because sometimes gun-owners may “simply forget” they’re carrying when entering an area where concealed-carry was not allowed.
Additionally, HB 2055 would change who decides concealed-carry policy for public schools and universities. Currently, the Board of Regents is responsible for concealed carry policy in schools and universities. The Regents supports the current policy that prohibits concealed weapons in schools. HB 2055 removes this decision from the regents, and gives it to school boards and University leadership.
Changes to retail liquor licensing
HB 2206 changes how Kansas issues liquor licenses. Currently, licenses are only available to individuals operating liquor stores and individuals are limited in the number of retail locations they can operate. Sale of liquor and intoxicating beverages with an alcohol volume greater than 3.2% are prohibited outside of liquor stores. HB 2206 would make available full strength beer and wine in Kansas grocery stores. This, coupled with a change allowing corporate entities to receive liquor licenses would see any store that sells groceries enter the retail liquor marketplace.
The following are House bills that resulted in political bantering and may affect you in some aspect of your lives; some you may be aware of and some you may not:
Another driving bill permits individuals to apply for restricted driving privileges in lieu of suspension after failure to comply with a traffic violation. A $25 non-refundable application fee must be submitted with a written request for the restricted driving privileges. Amendments to
HB 2009 added “seeking new employment”, “going to or returning from an appointment with a health care provider”, and, “going to or returning from schooling” to the list of circumstances in which driving privileges apply. The bill passed (63-60) I voted YES.
The Judiciary Committee sponsored a bill that repeals the law by which Court of Appeals judges are recommended by a nominating commission from whom the Governor chooses his selection. HB 2019 eliminates the nominating commission and allows the Governor to choose a candidate and send his/her name to the Senate for confirmation. The bill passed (73-50) and
I voted NO.
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HB 2022 extends convenience for employers to recoup costs. The bill allows an employer to do a payroll deduction to repay loans, recover payroll overpayments, and replacement cost of uniforms, etc. The bill also allows employers to deduct from the final check with written notice the recovery of property, repayment of loans, payroll overpayments, and compensation costs of X, Y, Z items. The bill passed (91-29). This bill is too permissive and I voted NO.
Another issue facing teachers and school boards was HB 2023. The bill prohibits professional employee’s organizations from using paycheck deductions for political activities. The bill was hotly debated in the House and passed 68-56 and sent to the Senate for their consideration. I voted NO on this bill.
HB 2114 sponsored by the House Judiciary Committee collects debts for docket fees and fines. Previously, a collection fee for a set-off (to the Department of Revenue for tax refunds) is 17% deducted from the money collected. The bill adds the fee to the costs to be paid by the debtor. The bill passed (90-32) and I voted YES.
Two bills reflected Cosmetologists and Tattoo Artists throughout Kansas. HB 2154 amended the licensing renewal period for salons and clinics. The bill would change the facility license expiration date from June 30 to one year from the last day of the month of its issuance. HB
2155 creates apprentice licenses and temporary permits for the practice of cosmetic tattooing, tattooing, or body piercing. Both bills passed (119-0) and I voted YES.
HB 2170 came to the floor from the Committee on Corrections and Juvenile Justice. The bill amends several statutes relating to probation and post-release supervision. Previously the courts may include confinement in a county jail for no more than 60 days as a condition of an original probation sentence except for certain driving under the influence violations. This bill adds commercial driving under the influence and test refusal violations to the list of exceptions to the probation rule. The bill passed (79-44) the House and I voted YES.
The House Committee on Elections sponsored a bill that created much discussion. HB 2210 prohibits a person from changing his or her party affiliation from the time of the candidate filing deadline (June 1) through the time when primary election results are certified by the
Secretary of State (on or before September 1). Also, the bill prohibits a voter from receiving a ballot of any political party other than the party with which the voter is affiliated. The bill passed (72-49) and I voted NO.
The House passed a bill eliminating and reducing the size of joint committees. HB 2216 eliminates the following joint committees: Corrections and Juvenile Justice, Economic
Development, Energy and Environmental policy, Health Policy Oversight, Home and
Community Based Services, Pensions, Investments and Benefits, and the KPERS Study
Commission. The bill also reduces the size of the Joint Committee on Special Claims against the State from 13 members to a total of seven. The bill passed (91-32) and I voted NO.
Bullying is another hot topic issue with legislators and HB 2222 adds specific language to the current requirement that public schools have a policy to address bullying in schools. The specific language define s bullying as: “Any intentional gesture or any intentional written, verbal, electronic, or physical act or threat” and this bill adds:”…by any student, staff member, or parent towards a student or by a student, parent or staff member towards a staff member .” The bill passed (119-1) and I voted YES.
The House passed a bill that mandates public schools to observe “Freedom Week” beginning on September 15, 2013 and continue each year during the week of the year that includes
September 17. HB 2280 mandates the teaching of the Constitution and the History of the
Founding Fathers and the Revolution. The bill passed (92-55) and I voted YES.
House Panel Approves 4% Cut to Higher Education.
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Republicans on the House Appropriations Committee approved a 4% reduction in higher education funding in Kansas. In terms of real dollars this is a $29.2 million dollar cut to higher eduction.
• $5.48 million cut from the University of Kansas
• $4.24 million cut from the KU School of Medicine
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$6.60 million cut from Kansas State University
• $2.81 million cut from Wichita State
• $1.25 million cut from Emporia State
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$1.34 million cut from Fort Hays State
• $1.40 million cut from Pittsburg State University
• $6.03 million cut from Community and Technical Colleges.
Since 1999, per student state funding has decreased 40%. Universities and Colleges in Kansas offset the loss of state support through increased tuition and cuts to education functions of the institution.
Raiding KTA reserves
The motive behind the Governor ’s proposal to merge KDOT and KTA became more evident this week. Appropriations Chairman Marc Rhoades suggested in committee that current KTA reserves totaling $25 million could be used to help balance the state budget.
KTA representatives countered that KTA is an independent agency that has built this reserve through careful planning and thoughtful management, and explained that the reserves were dedicated to future turnpike improvements and maintenance.
Merging KDOT and KTA to transfer the reserves to the state general fund jeopardizes transportation projects to pay for a deficit created by the Governor's income tax plan.
Tax Committee approves phase out of income tax deductions.
A proposal to reduce all current itemized deductions by 24% passed the Tax Committee. This amount mirrors the amount of the cut in income tax rates passed last year. As written the bill may also reduce the standard deduction by 24%.
Tax increases changes would raise $108 million in 2014, $87.8 million in 2015 and $86 million in 2016. It also provides that any time the total state revenue that exceeds 2% in any given year, some of that money would be used to reduce the income rates by the same percentage that all revenue exceeds 2% and also all itemized deductions would be decreased by the same percentage. Once the individual income tax rates have been eliminated then the corporate income tax and the bank privilege tax would be phased out.
KEEP IN TOUCH
It is a special honor to serve as your state representative. I value and need your input on the various issues facing state government. Complete daily calendars are available at www.kslegislature.org
along with other useful information. Please feel free to contact me with your comments and questions. My office address is Room 451-S, 300 SW 10th, Topeka, KS
66612. You can reach me at (785) 296-7649 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail me at Sydney.carlin@house.ks.gov
.
You can also follow the legislative session online at www.kslegislature.org
. Or visit my website www.sydneycarlin.com
. If you would like to receive this newsletter at different
address please inform us of that address.
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