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2-26-2010 Newsletter
Legislative Newsletter
February 26th, 2010
As I stopped to gas up my car on the way to Topeka, the question came up, “K-State or KU?” With a couple of fans for either team present, I was pressed for an answer. Many times, the votes we make in session are very similar. About half of my constituents are happy.
Survey results are coming in everyday. Right now, many of the results on issues are very close to 50/50. One of those close issues is the state wide smoking ban which was up this week in a motion to concur with Senate amendments to HB 2221. The facts: it is clear that second hand smoke is a real risk for everyone who is exposed and repeated exposure does substantially increase many serious risks. Currently, over half of the state’s population reside in thirty three cities, who have already adopted various smoking ban ordinances. Many, like Topeka, have a total ban but Wichita allows businesses to have a smoking area if they have a totally separate ventilation system. Some cities allow bars and over 21 establishments to be exempt.
HB 2221 would not allow cities to keep any of the locally developed policies that they have already passed (many with a public vote).
HB 2221 would exempt State owned casinos from the ban. The reason is that in casinos in Delaware it is documented that casinos with a smoking ban suffer a 16% decrease in revenues.
The bill would also allow exemptions for country clubs, designated areas in nursing and retirement homes (excluding the Kansas Soldiers Home) , VFW’s, American Legions , class A and B private clubs that where licensed on 1/1/09, tobacco shops, and also private golf, hunting, fishing, and shooting clubs.
The bill also has an interesting provision that would give Phillip Morris preferred shelf space in stores. It’s unknown whether this will affect revenues to convenience and grocery stores. Another component of the bill describes penalties that can be assessed by Kansas Department of Health & Environment (KDHE) against employers who do not adopt and document a written workplace policy, just another small bureaucratic burden on our small Kansas businesses.
The motion to concur does not allow any change in the bill in the House. It is just an up or down vote. This is the same method that shorted the process last year when the state’s budget was adopted with a mistake (not funding the courts).
This week, one of my constituents, who sent in her survey, explained the pain and worry that lack of discovery has created all year for her family. Another example was the gambling bill that was just concurred in the Senate without any chance for amendment and now we know doesn’t really achieve what the proponents of the bill desired. In fact, we have a bill brought by the same legislators to attempt to change the law because of mistakes that many understood in the next few days.
The process that develops a House and Senate position and then allows for working out a final bill in conference, does provide better thought out legislation. I voted against the budget last year for that very reason. Major policy must be debated in both chambers. What would a product that is passed by the House look like? Would the House have protected our own business interest at state owned casinos and not be concerned with the consequences to privately owned businesses? This is a tough issue for me. Teresa and I have four children, two of whom have asthma. I do understand the real problem that is created when someone smokes around them. We have experienced how a good evening out can be upset when one of my children gets a headache from someone across the room smoking. I have always been careful to adhere to some fundamental principles. First, the process must be allowed to work completely and not shorted through motions to concur without being debated on the floor.
During this debate, another example that came into play was when a motion to table the bill was offered. This was designed to avoid a final action vote. I voted “no” on the motion that failed 47/74. We are elected to make tough votes. The second principle is that communities, local government, and businesses should work out these issues without mandate from the state. This is just the same as the “one size fits all” mandates from the federal government telling the state how we should conduct our business. I voted “no” but the bill passed 68/54.
From all indications, Governor Parkinson will sign this bill into law.
Education Committee
Education committee heard two bills. The first, HB 2627, which would allow school districts that would allow school districts to make decisions concerning consolidation. Neighboring school districts could agree to divide a district and consolidate with more than one district. All school districts are under extreme budget pressures and are exploring their options for how to stretch their money. It makes sense to allow school boards to have local control. We should look for opportunities to remove state mandates. The second bill is more controversial. HB 2704 would, essentially, force consolidation of school districts who are less than 200 square miles in area and have fewer than 400 students. This bill was a Legislative Post Audit recommendation and would affect 24 school districts saving the State 3.2 million dollars. The closest district to Miami County that would be affected is USD 344 in Pleasanton (Linn County). It is interesting that many times there are neighboring districts that are similar in size and numbers of students but one will receive around $1600 less state funding. In the hearing, the House Education Chair, Clay Aurand, explained that that is the case in the district he represents. 200 square miles is about ¼ of his county. Central to the issue is that there is a distinct difference between districts with an area of 900 square miles and districts with 200 square miles. There is a real incentive to remain small by choice.
You can get copies of all bills and follow their progress by going to the state website: http://www.kslegislature.org/ or contact me at 785-296-6014. Maureen Stinson, my Legislative Assistant, always knows where I am.
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