The 2005 legislative session is more than one-third complete.  Progress is being made on several key issues and the tempo at the Capitol is noticeably quicker.  Next Tuesday is the deadline for our last Governmental Organizations & Elections Committee meeting.  This Tuesday, we passed out an annexation compromise bill, HB 2229, two consolidation bills, HB 2093 and HB 2094, and the Office of Public Integrity bill.  We have four bills scheduled Thursday and two hearings next week and must reach our goal to complete public hearings on our open records review.

Capitol Punishment

After passage of SCR 1601, the Defense of Marriage Amendment, last week, another debate regarding constitutionality of state law looms for the House.

 The Corrections & Juvenile Justice Committee, headed by Rep. Ward Loyd (R-Garden City), heard testimony this week regarding the Kansas Supreme Court’s December 2004 opinion ruling Kansas capital punishment unconstitutional.  Kansas is now one of 14 states with no capital punishment law.

 I was a second year legislator when we passed our law with very narrow provisions allowing capitol punishment only in the most egregious cases.  It was a vote and debate that put a solemn and reverent mood in our House, one that frankly tore at my heart. 

The Supreme Court ruled 4-3 to abolish the 1994 capital punishment law.  They ruled that the law is unconstitutional because of its “tie goes to the runner” language.  It stated that if there is evidence for and against death, the jury must choose our toughest sentence. 

 Chief Justice Kay McFarland, writing a dissenting opinion, stated that to strike the law down now is “wholly inappropriate and unjustified.”  During the Richard Kleypas case in 2001, all seven justices agreed that our law was constitutional.  In her opinion, McFarland asserted that the court altered directions because of a change in court personnel and not a change in federal or state law.

 Kansas Attorney General Phil Kline has also weighed in on the subject, stating that “we need certainty in court decisions, and this reversal of a previous decision only three years earlier; simply because the names and faces have changed on the court has caused serious concerns.” 

 General Kline has filed an appeal to the U.S. Supreme Court but it may be months before it is known if the high court will hear the case.

One immediate result of the Supreme Court’s ruling that has drawn concern of some Kansans is the fact that six convicted murderers had their sentences commuted from death to life in prison.  These six individuals include the infamous Carr brothers, convicted in 2001 of five murders in Wichita. 

 Clunker Bill

 I am thrilled that SB 23, the “clunker bill,” has passed on final action.  The bill repealed a statute requiring a uniform value to be used to determine the sales tax paid for used vehicles.  Problems arose when citizens purchased vehicles for under book value, but were required to pay sales tax on the book value rather than the actual purchase price. 

 Last year, I received many calls from concerned constituents who testified that the policy was unfair and seemed to mistrust people regardless of any supporting evidence.  Also last year, I was the only member of the house to speak against the conference committee report that included this terrible provision, noting that only the government would find this to be a reasonable solution. 

Anyone who overpaid must be careful to keep their documentation so that they will be able to apply for a refund. 

 Other Tax News

 The Taxpayer Bill of Rights, TABOR, is gaining momentum.  TABOR would fundamentally change the way that tax increases can be undertaken and ties spending limitations to the rate of growth in the state.  If adopted, TABOR would allow tax increases only if they pass on a statewide ballot.  Representative Brenda Landwher (R-Wichita) is its major proponent and is currently gathering signatures of support for the initiative in the House.

 In closing, thank you for your continued support.  If you have any questions or concerns, please do not hesitate to contact me.  It is always enjoyable to have friends, Pages, and anyone from home visit the Capitol.  Please be sure to let me know if you are interested in a visit.