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March 3, 2006

If you would like to be added to my newsletter distribution list, go to www.JeneVickrey.org. If you have any friends who you think might want to receive the e-news, would you please forward the e-news on to them?- Workman’s Compensation, Monday, March 6th and Tuesday, March 7th- Eminent Domain, Monday, March 6th - Expungement of DUI convictions, Tuesday March 7th

Members are back at work in committee this week considering bills sent last week from the Senate as well as bills that were exempted from the turnaround deadline. Among the committee highlights from this week will be action on eminent domain, workman’s compensation, concealed carry, and non-resident tuition at Kansas colleges and universities.

School Finance

Hearings began concerning school funding this week on House Bill 2986 in the House Education Committee. Last week I explained the problems I recognized with the contents of the proposed school finance plan contained in HB 2986. Foremost is the cost of 175 million dollars in the first year of the plan to the taxpayers of Kansas and the lack of real change to answer the court case. The school finance formula must be tied to real cost analysis. Our own Post Audit Study has expressly pointed out flaws in the low enrollment weighting. Pouring more money in to a flawed formula will only cost our taxpayers more and does not serve our children well. Adding another weighting for high density school districts without a real comprehensive rework of the formula will only complicate the formula more and make it more difficult to find support for the total revised plan based on true cost. The lack of the inclusion of L.P.A.’s recommended cost of living adjustment factor with only 50 dollars added to the base leaves Miami County Schools poorly funded in this proposal. Thursday, U.S.D. 416 President John Cleek and Louisburg Superintendent Rick Doll presented testimony before the House Education Committee. They did an excellent job explaining the many inequities of the proposal, foremost the fact that the bottom 30 districts would receive less than one third of the increase as compared to the top third.

Eminent Domain

At the start of session the House and Senate Leadership and Committee Chairs always discuss the work load concerning the high profile issues and these are divided between the two bodies. With the Senate beginning the Eminent Domain issue, Senator Pat Apple has taken a leadership role working to bring a well thought out bill he sponsored to the Senate that is supported by Kansas Farm Bureau. The House Federal and State Affairs committee will also begin hearings next week on House Concurrent Resolution 5040. Kansans have always been wary of the government’s power of eminent domain. As a primarily rural state, the open space we enjoy has provided easy access for government projects and right of way for utilities. A recent United States Supreme Court decision changed all that and sent the message to landowners that government had the power to take land from one owner using eminent domain and give it to another individual if that land could generate greater revenue when used for another purpose. It is a direct violation of the law and the intent of eminent domain. HCR 5040 is a constitutional amendment that would strictly limit that power and ensure protection of our property. While it would require a 2/3 vote of both the House and Senate, we also believe this sends a strong message to those who may stretch or abuse the power of eminent domain.

Workman’s Compensation

Two days of hearings are scheduled next week on Senate Bill 461 and that may still not be sufficient to accommodate the expected number of conferees on the bill. Among other changes, the bill shortens from 15 years to 5 years the work performed by the injured party prior to the claim that would be considered when determining a percentage of disability. It is anticipated that this may result in a greater case load before the courts, but the Department of Labor indicates that these could be absorbed using existing resources. This would result in little, if any, fiscal impact. Hearings will be held Monday and Tuesday at 9:00 A.M. in room 241-N of the Capitol.

Concealed Carry

Thursday, the House Federal and State Affairs committee heard testimony on Senate Bill 418, the Personal and Family Protection Act. Commonly referred to as concealed carry, this bill would allow qualifying Kansas residents to purchase a permit to carry a concealed firearm. Permits would be good for four years and would be issued by the Kansas Attorney General. There are tight exceptions including persons who have ever been convicted, placed on probation or adjudicated for a felony, adult or juvenile, in any jurisdiction. I will also support that a training course in firearms safety to be required when the rules and regulations are drafted. There are also a great number of places where even those with a permit would not be allowed to carry a weapon. This bill is similar to House Bill 2798 which was considered in 2004.

 

Upcoming Committee Topics

Commerce and Labor

- Workman’s Compensation, Monday, March 6th and Tuesday, March 7th

9:00-11:00 A.M., Room 241-N

Federal and State Affairs

- Eminent Domain, Monday, March 6th

Restrictions on promoting obscenity, Wednesday March 8th

1:30-3:30 P.M., Room 313-S

Judiciary

- Expungement of DUI convictions, Tuesday March 7th

Medicaid reimbursement, Wednesday March 8th

3:30-5:30 P.M., Room 313-S

How To Contact Me

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.

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