It has been very busy the last two weeks as we get close to the end of the regular portion of the session. Next Tuesday is the last day for non exempt committees to schedule meetings. A large number of the hot button issues came before the House this week as we are nearing the end of the regular session. There are many very important issues that directly affect Miami County that are still working their way through the Legislature. We have had lunch hour committee meetings for the last two weeks concerning the level V funding for our young people we serve at Lake Mary in Paola. The hearings continue next week and we must find both an immediate funding solution and a real long term fix. Committees will soon wrap up their work, and the product of many weeks of hearings and debates have been advanced to the full House for review. Neither the House nor the Senate have either yet had a school finance bill on the floor for debate which is just amazing considering how difficult we all know that finding a real plan that is tied to costs, and that can be proven, not just politically driven. Tax reduction, work comp, concealed carry and 2007 appropriations were among bills considered by the House this week.

Sales Tax on Rebates

Last year Gene Elliott contacted me with his dissatisfaction with the unfairness of the sales tax policy concerning being charged for sales tax on rebates. Every year I hear from several constituents after they buy a new vehicle with a cash back incentive offering a "factory rebate" of several thousand dollars when they purchase a new vehicle that is normally deducted from the purchase price. Currently, if you were to buy a $20,000 car and be offered a $3000 rebate, even though you only pay $17,000 for the car, you are charged sales tax on the full $20,000. In essence, you are paying sales tax on $3,000 you never spent. House Bill (HB) 2640 eliminates this tax. It was passed Monday by a wide margin and will now be sent to the Senate.

Workman's Compensation

Contentious debate surrounded the workman's compensation bill, Senate Bill (SB) 461, when it reached the House floor. Supporters of the bill argued that it was not a "disposable worker" bill as many have suggested, but that it's an attempt to protect employers from paying for injuries sustained by workers prior to their employment with their current company or for an injury or unknown medical condition that may not have occurred at the workplace. Major portions of the bill remained unchanged and the existing statute still protects workers injured on the job.. Opponents pointed out that the bill was unfair to injured workers, would not reduce fraud, and would likely result in more, not less, litigation, in order to determine any preexisting conditions a worker may have had. After the vote was taken, a Call of the House was issued. Several members changed their votes during the Call, but when the final tally was read, the bill passed 67-56.

Concealed Carry

By a vote of 90-33, the House passed SB 418 to allow licensed Kansans to carry concealed firearms. The Senate followed the House lead by voting 30-10 to adopt the bill with changes suggested by the House. The changes included additions to the list of places where you are prohibited from carrying a concealed weapon. The bill requires a training course and licensure from the Attorney General’s office. With 90 votes for passage in the House, and 30 votes in the Senate, this bill will be sent to the Governor with a veto-proof majority in both chambers.

In a related matter, the House also passed HB 2577, which removes from statute a citizens "duty to retreat" by establishing a justified use of force provision. The proposed law allows for you to defend yourself if you have a "reasonable fear of imminent death or great bodily harm to such person’s self or another."

Franchise Tax

The House voted Thursday 92-30 to phase out the franchise tax in Kansas. HB 2548 would reduce the rate of the corporation franchise tax from the current 0.125 percent of shareholder equity or net worth to 0.083 percent for tax year 2007; and to 0.41 percent for tax year 2008. The tax would be repealed altogether, effective for tax year 2009. The intent of the removal of this tax is to encourage existing businesses to remain in Kansas and other businesses to establish franchises in the State.

Recognition and Remembrance

Our neighbor to the south, Linn County's Representative Lynne Oharah, along with Representative Barbara Ballard, asked the Kansas House of Representatives Tuesday to adopt a resolution remembering the life and achievements of Gordon Parks. Charles Parks, Gordon Parks’ nephew was also recognized on the House floor.

Mr. Parks was born in Fort Scott, Kansas, in 1912 and spent his life breaking down barriers created by racism in our society. He achieved national acclaim as a writer, photographer, poet, journalist and film producer. His life is chronicled in the autobiographical novel and film, The Learning Tree, and he is perhaps best remembered as the producer of the 1971 film Shaft.

Also receiving recognition on the floor of the House this week were members of the BTK task force who assisted in the capture of Dennis Rader, commonly known as the BTK killer. The BTK task force was comprised of officers and detectives from the Wichita Police Department, agents from the Kansas Bureau of Investigation (KBI), agents from the Federal Bureau of Investigation (FBI), as well as members of the Sedgwick County and KBI Crime labs and other law enforcement officers and agencies. Federal, state and local agencies worked countless hours and it was only through their coordinated efforts that this killer who plagued Wichita for over a decade was brought to justice.

Additional Information

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 (Rm 115-S Statehouse, Topeka, KS 66612) or by email at (vickrey@jenevickrey.org) during the Legislative Session.