West Nile Virus

My bill that would require KDHE to make the test available upon a doctor’s request recently had a hearing in the House Committee on Health and Human Services. I became aware of a problem that seemed impossible last summer when a constituent called and informed me that her husband had been refused the test for West Nile Virus. In following up on her concern, I called and found out she was indeed correct. I then asked for help from the office of the Speaker of the House of Representatives. Even with our calls, both a doctor’s and specialist’s requests, and his wife’s insistence, the only way the test was done was by going out of state to Utah. It was confirmed that he had West Nile Virus. At the hearing on the bill, KDHE showed up to testify in force with a lot of excuses and denial but I still was not satisfied knowing that the test results were not released to private labs. After the hearing, I pressed the Secretary of KDHE to find out what happened last summer concerning the protocol for testing and for details about our individual case. It’s interesting to note that the next day the Topeka Capital-Journal reported that the state epidemiologist-medical director for KDHE is resigning his position with KDHE and is taking another position. I believe it is important that KDHE have common sense practices in place for West Nile Virus or any other public health risk.

U.S. Senator Brownback’s Topeka Visit

It was really great to see Sam Brownback at the Statehouse on Monday, February 9^{th. He spoke to us about some of his ideas for revitalizing the Kansas economy. The Senate Commerce and House Economic Development Committees were asked to attend, but all legislators were welcome. - The main legislation before this committee is the workers compensation bill. The committee could vote on the bill as soon as next week. - Hearings will be held Tuesday on HB 2649, which will make the internal possession of controlled substances a crime. - 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. - Hearings will be heard concerning the direct election of municipal judges. - 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. - A bill was introduced, and hearings will be held, providing for the insurance coverage from conception to the age of 19. - 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 should be voted out of committee next week. - 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. - Governor Sebelius’ transportation plan will have a hearing this week in the Transportation Committee. The Governor’s plan would issue more bonds for the current transportation plan which is already funded by bonds. Chairperson Gary Hayzlett’s alternative plan which will also have a hearing in Transportation Committee this week, captures new and used car sales tax beginning, essentially, at a 2 percent sales tax demand transfer, adding an additional 2 percent each year to approximately a total of 10 percent. Transportation Committee has to try to find a plan to fund the Comprehensive Transportation Plan.}

Brownback emphasized the need to create an environment for growth in Kansas. "We must declare we’re going to grow," Brownback stated. Three of the ideas he mentioned for revitalizing the economy centered on agriculture, research, and Brownback’s updated version of the Homestead Act of 1862.

Regarding agriculture, Brownback said that he is meeting with the Japanese Agriculture Attache next week in an attempt to open Japanese markets to Kansas products. Brownback also suggested carbon farming, which will not only create more income for farmers, but slow carbon dioxide missions as well. Industrial use of farm commodities, like creating polymers from soy beans, was a third idea to use Kansas agriculture to boost the state’s economy.

Another economic pillar is research and development. Brownback mentioned increased funding for the research departments of both Wichita State University and the University of Kansas. The funding for WSU would be directed toward the Aviation Research department, and the funding for KU would be directed toward the Life Science department.

To address the issue of people moving out of Kansas, Brownback is supporting an updated version of the Homestead Act of 1862. Almost half of Kansas counties, most of which are located in northwest and central Kansas, have experienced decreasing populations since 1980. This new version is targeted at those counties only. The incentives for relocation to one of these counties would be eligibility for tax credits, repayment of up to fifty percent of federal college loans, and savings account contributions from the federal government. This bipartisan bill has been filed in the U.S. House of Representatives and the U.S. Senate and has been heard in the Senate Finance Committee.

The Kansas Economic Growth Act Update

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.

Concealed Carry

The Personal and Family Protection Act (PFPA) was introduced this week. 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, and public parks. 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. We all benefit because criminals are hesitant to commit crimes when they are in doubt just which person may be a "permit holder." Supporters 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.

Committee Reports

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.

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.

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 should be voted out of committee next week.

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

- Governor Sebelius’ transportation plan will have a hearing this week in the Transportation Committee. The Governor’s plan would issue more bonds for the current transportation plan which is already funded by bonds. Chairperson Gary Hayzlett’s alternative plan which will also have a hearing in Transportation Committee this week, captures new and used car sales tax beginning, essentially, at a 2 percent sales tax demand transfer, adding an additional 2 percent each year to approximately a total of 10 percent. Transportation Committee has to try to find a plan to fund the Comprehensive Transportation Plan.