February 25th Legislative Update
ALERT – Proposed Expansion of Sexual Predator Program in Miami County
Governor Sebelius and SRS Secretary Jordon are asking for funding to expand the Sexual Predator Treatment Transition House Program on the grounds of Osawatomie State Hospital.
There is currently a funding cap for six predators and they are asking to extend this to ten. I am asking you to stand with me and ask Governor Sebelius and Secretary Jordon to honor the commitment of the original program and locate additional transition houses across the state where there will be a greater chance of success for these individuals when they are located closer to family and their community.
We need to draw a line in the sand NOW, otherwise we
could have the entire release program located in the heart of Anderson,
Franklin, Linn and Miami Counties.
The final stage, stage seven, allows these individuals to live in
an apartment on the grounds of the hospital and drive themselves to
work. They will also be seeking support services in the
community.
A petition is available at www.patapple.org asking the
Governor and Secretary Jordan to reverse the policy decision to expand
the work release program for sexual predators in the state’s Sexual
Predator Transition House Program at the Osawatomie State Hospital
campus and place them as originally intended, in locations in
Osawatomie and other cities across Kansas, so those in the program
might have family and other support systems close by to help them make
the transition back into society. The petition also asks for a
return to the number of predators at the THS program in Osawatomie to
the original cap of six.
Please pass this alert on to family and friends.
Turnaround Week Update
Revised 2009 Budget becomes Law
Governor signed SB 23 into law on Tuesday but not before she exercised her line-item veto power.
She vetoed the Legislature’s recommendation to reduce K-12 Public Schools and Special Education as well as additional funding to train Kansas doctors. Despite these and a few other adjustments, the bill still makes about $300 million in cuts and accounting changes. That’s enough to address our budget shortfall in Fiscal Year 2008 (which ends June 30th).
Budget Impasse
You probably read or heard about the Republican Leadership’s request the Governor sign SB 23 into law before they would approve the Governor’s request to issue another $225 million in “certificates of indebtedness” (that’s when the state makes a short-term loan to itself). The $225 million was on top of $525 million already approved for FY 2009.
The Kansas Constitution requires the Legislature and the Governor to pay state bills as we go – meaning we cannot take on more debt unless we are sure we can pay it off by the end of the fiscal year (June 30th). That is why Republican Leaders asked the revised 2009 budget be signed by the Governor before more short-term debt was approved. They told the Governor about their decision in a private meeting.
Unfortunately, a firestorm of politics began when the Governor said Republican Legislators were holding state worker paychecks and income tax refunds hostage and trying to leverage her into signing SB 23.
The Governor does have flexibility in managing the State General Fund, which includes when to pay bills, when to process payments; and how to pay those bills. She does have several accounting tools available to her. It is interesting that she signed SB 23 the very next day and solutions were found that allowed state worker paychecks and income tax refunds to be processed.
I am disappointed that circumstances occurred that resulted in stress being placed upon our valued state employees and Kansas taxpayers.
I will continue to do everything in my power to make sure Kansas fulfills its responsibilities to our state employees and all Kansans.
Osawatomie Correctional Facility (OCF)
As the budget cuts create pain across our state, many are hitting hard here at home. For numerous sessions, we have had to battle to keep our correctional facility open. We have always been able to explain and debate the facts: that the closure, the loss of over 50 thousand hours of labor and the effects on other state budgets and local government, and that the cost of incarceration at OCF is almost half the cost of other facilities. Probably most important: the policy on the need of bed space and the fact that OCF provides a re-entry into life outside of corrections. It is important to know that the men at OCF will one day soon be living next door to someone. Giving them the best opportunity for success is best for all Kansans.
As I had said in the past, we have always won on this issue through the legislative process, but this year our opportunity was pre-empted by the Secretary of Corrections who moved the closure day up to February 6, 2009.
House rejects campaign finance bill
The House of Representatives rejected a bill that would have eliminate the requirement that candidates for statewide office file campaign finance reports with the local county election office, thereby leaving only the requirement that these candidates file with the Office of the Secretary of State.
While a good bill on its own, an amendment was attached to HB 2193 during House debate floor that many Representatives took issue with. The amendment expanded the bills reach to organizations that advocate for an issue or candidate but don’t ask voter to vote yes or no and require them to report who contribute to their cause.
I question if the bill as amended violates our country’s
constitutional protection of free speech. Kansans who ban
together financially to voice their political beliefs are due
protection under our constitutional rights. If the Legislature is
serious about moving this issue forward, it should be heard and debated
through the committee process – not limited to a few minutes of floor
debate where those impacted cannot be heard.
House Committee Passes Budget Stabilization Fund
Bill
The Kansas House Government Efficiency and Fiscal Oversight Committee voted to recommend the House approve House Bill 2320, a bill establishing a state budget stabilization fund.
Supporters say a well-funded budget stabilization fund would give the state a savings account to lean on during the difficult times and prevent financial situations like the state is currently experiencing.
Kansas is one of only three states that do not have some form of a budget stabilization fund.
Graduated Driver’s License
The House voted for Substitute for House Bill 2143 in an effort to prevent injury and death among teen drivers. The bill:
- Requires every teen must hold a learner’s permit for 12 months before obtaining a restricted or a full license.
- Limits teen drivers to no more than one non-sibling passenger under the age of 18 during the first 6 months of full licensing.
- Limits late-night driving to 9:00 p.m. during the first 6 months of full licensing unless driving to and from work or school.
- Prohibits teens from using cell phones while they are driving unless it is to report an emergency.
- Makes no changes to the existing farm permit provisions or restricted license provisions.
This bill will ensure that teen drivers have more experience behind the wheel before they receive their full driver’s license. It will remove distractions from the new driver’s vehicle allowing them to focus on the road. Additionally, it limits teen drivers from exposure to difficult driving situations keeping them, and other drivers, safe on Kansas roadways.
Other Bills Passed by the House:
HB 2165 establishes “recklessness” as a standard when enforcing current law that prohibits adults from hosting or allowing minors to have parties in their home where alcohol is consumed by the minors.
Law enforcement and prosecutors have found it difficult to enforce the law because the adult who provided the alcohol will say they were not aware that the minors were consuming alcohol. The bill eliminates that loop hole.
HB 2096 amends current law concerning electronic solicitation. The bill would clarify that enticing a person whom the offender believes to be a child 14 or more years of age but less than 16 years of age for an unlawful sexual act would be a severity level 3 person felony.
HB 2308 amends our state’s conceal and carry law to allow activity military members assigned to Kansas who have met all of the required qualifications to receive a conceal and carry license. This bill came about after the Department of Revenue refused to issue the licenses because the military members weren’t Kansas residents – even though they had gone through the training and background checks.
HB 2126 requires wireless phone providers to provide information about the location of users of their services to law enforcement in emergency circumstances.
This bill was introduced in reaction to the Kelsey Smith kidnapping in Overland Park. It will provide an important tool for law enforcement when it comes to locating individuals in emergency situations, saving lives in the process.
HB 2292 amends the security freeze provisions in the state Fair Credit Reporting Act. Among other things, the bill would delete a requirement in current law that the consumer placing a security freeze on their consumer report must be a “victim of identity theft” and the related requirement for having a police report.
The bill also would allow persons who suspect they are victims of identity theft to contact local law enforcement; local law enforcement would be required to receive complaints and take a police report of the matter, even if the jurisdiction for investigation is elsewhere. The report could then be provided to a law enforcement agency in another jurisdiction.
HB 2111 the Commission on Judicial Performance was created in 2006, is supported by docket fees, and was scheduled to sunset in 2010. This bill extends the sunset to 2013.
HB 2097 mends current law to authorize selection of one or more alternate jurors in a criminal case to be selected at the same time as the regular jury is being selected. Under current law, the alternate juror or jurors are selected after the regular jury has been impaneled and sworn. The bill would leave it to the discretion of the judge to decide whether the alternate juror or jurors are selected at the same time as the regular jury or after the regular jury has been impaneled and sworn.
HR 1604 a concurrent resolution encouraging the Kansas State Historical Society to develop a plan to commemorate the sesquicentennial of the admission of Kansas to the Union.
HB 2092 enacts new law to specify that transfer fee covenants recorded on and after July 1, 2009 cannot run with the title to real property and would not be binding or enforceable in law or in equity against any subsequent owner.
HB 2052 raises the dollar amount of annuity benefits that the Guaranty Association is liable for when there is an impaired or insolvent insurer from $100,000 to $250,000. Nineteen other states are at or above the $250,000 level.
Osawatomie Correctional Facility (OCF)
As the budget cuts create pain across our state, many are hitting hard here at home. For numerous sessions, we have had to battle to keep our correctional facility open. We have always been able to explain and debate the facts: that the closure, the loss of over 50 thousand hours of labor and the effects on other state budgets and local government, and that the cost of incarceration at OCF is almost half the cost of other facilities. Probably most important: the policy on the need of bed space and the fact that OCF provides a re-entry into life outside of corrections. It is important to know that the men at OCF will one day soon be living next door to someone. Giving them the best opportunity for success is best for all Kansans.
As I had said in the past, we have always won on this issue through the legislative process, but this year our opportunity was pre-empted by the Secretary of Corrections who moved the closure day up to February 6, 2009.
How to Contact Me
As always, our work in Topeka is done best with direction from our constituents that we represent, so be sure to call or e-mail me with your thoughts or questions. If you have any additional information or if you would like to offer your opinions or suggestions regarding these issues or any others that may be coming before the Kansas House, I want to hear from you. Please contact my secretary, Maureen (she always knows how to find me) by phone at (785-296-6014), by US Mail at 300 SW 10th St., Topeka, KS 66612) or by email at (vickrey@jenevickrey.org) during the Legislative Session.