Melanie's Adventures in the Statehouse #8

Melanie Meier's Adventures in the Statehouse

Kansas House of Representatives

40th District 

 

Volume 2010, Issue 8:  The Rest of the Session

We had a short week of long days in Topeka this week.  With Drop Dead Day approaching, we were on the floor from morning to evening Monday, Tuesday and Wednesday in an effort to push through as many Bills as possible.  The House adjourned for the week on Wednesday evening, giving conference committees a chance on Thursday and Friday to reconcile Bills that have been approved by both the House and Senate.  We will reconvene on Monday, but the floor schedule will fluctuate as conference committees continue meeting to resolve differences between House and Senate versions of bills.

Looking to the final days of the session, First Adjournment will likely be sometime next week (pushed up from its original date of April 6^th).  The Legislature will then adjourn until the Veto Session which is set to begin on April 28^th and Sine Die (the ceremonial close of the session) is scheduled for May 28^th. 

FY 2011 Budget Update

I have learned that during every legislative session since 1996, a "Mega Appropriations Bill" has been voted on prior to the April break.  It normally includes the bulk of funding for state agencies.  The Legislature reconvenes approximately a month later for the Veto Session, or Wrap Up Session, to pass an "Omnibus Budget Bill."  The Omnibus Bill contains technical adjustments to previous appropriations bills, financing for any  of the Governor's budget amendments which were not considered as part of regular appropriations bills, and financing of substantive legislation that passed earlier in the session.  The calendar is structured in this manner to allow time for the Legislature to make budget adjustments based on updated revenue estimates, which become available in mid-April. 

We had expected to debate the Mega Appropriations bill on the House floor this past week, but it is now anticipated that we will not work a budget until after First Adjournment.  This would be a change in procedure.  However, given the budget difficulties of this particular year, the Governor and Legislative leadership have explained that this procedural detour is probably appropriate. 

The appropriations process is always challenging, but the current financial crisis gave us a revenue gap projected to be $400 million when the last estimates were made in November.  Since then, that gap has inched closer and closer to the $500 million mark every month.  It does not seem to make sense to take up the Mega Budget bill if major Omnibus adjustments will likely send us back to the drawing board.  After six rounds of budget cuts, there is a big difference between a $400 million and a $500 million hole.  There are also some federal proposals pending that would have a significant impact on the size of the budget gap.  It is argued that it is in the best interest of the State to wait for the most accurate numbers before deciding on drastic cuts and possible revenue enhancements.

I know many of you are waiting anxiously to find out what the House will do with the FY 2011 budget.  I am hopeful that the Legislative Leadership will announce their plans for the budget bill early next week.

 Kansas Constitutional Amendments

Last Tuesday, the proposed "Freedom of Choice in Health Care" resolution that I referred to in my last note, failed 75-47, nine votes short of the two-thirds majority it needed to advance.  The following day, a motion was made to reconsider the measure, which also failed to pass by the same vote.  On Wednesday, the House voted 102-20 to advance the "Rainy Day Fund" Senate Concurrent Resolution 1614 to the Senate.  If the proposal is approved by the Senate, voters will be able to vote on the amendment in the next election.

 

Bills signed into law this week:

Governor Parkinson signed a number of bills this week, bringing the total number of Bills signed during the 2010 legislative session to 33.  You can see a list and description of the Bills signed this week on my facebook page Melanie Meier 4 Kansas.  To see the entire list and read the enrolled and signed Bills, visit http://www.kslegislature.org/legsrv-bills/enrolledBills.do.

 

Amongst the many important Bills worked this session, the Legislature took time to recognize several veterans.  Two of the Bills signed by the Governor last week included designating a bridge and a section of highway to Kansas veterans.  HB 2436 designates bridge no. 62, located on U.S. Highway 77 in Marshall County as the Michael Hugh Breeding Memorial Bridge.  1st Lieutenant Breeding's plane was shot down near the Quang Tri Providence in Vietnam on February 12, 1970.  His body was never recovered.  HB 2555 designates part of K-14 Highway, U.S. Highway 160 and K-2 Highway as the Sergeant First Class David R. Berry/Sergeant WillSun M. Mock Memorial Highway.

           

Keep in Touch

It is a special honor to serve as your state representative.  I value and need your input on the various issues facing state government.  Please feel free to contact me with your comments and questions.  My office address is Room 722, Docking State Office Building, Topeka, KS 66612.  You can reach me at (785) 296-7668 or call the legislative hotline at 1-800-432-3924 to leave a message for me.  Additionally, you can e-mail me at Melanie.meier@house.ks.gov.  You can also follow the legislative session online at www.kslegislature.org.   

 

 As always, if you no longer desire to receive updates and information from me, just let me know and I will take you off the mailing list. 

Melanie's Adventures in the Statehouse #7

Melanie Meier's Adventures in the Statehouse

Kansas House of Representatives

40th District 

 

Volume 2010, Issue 7:  Tax Exemptions and the Budget

The House finally debated HB 2549, proposing the repeal of certain sales tax exemptions, this past week on the floor.  After many amendments, the only item left in the Bill to have its sales tax exemption repealed was coin operated laundries.  A motion was made to delay final vote on the Bill until May 3^rd, after the final revenue estimates come in.  It was argued that it is premature to look at tax increases before we even know how big the budget deficit actually is.  Once the majority of tax receipts come in mid April, we will be able to debate the pros and cons of revenue enhancement and further budget cuts with an actual number to balance the budget against.

Many Kansans visited Topeka this past week.  The Kansas Organization of State Employees was here in force on Wednesday, 17 March.  Many folks from the 40^th District came to visit, including a large group from the Lansing Correctional Facility.  On Thursday, 18 March, the Kansas Mental Health Coalition was here.  They are an umbrella organization for more than 30 organizations that represent consumers of mental health services, advocacy groups, and child welfare providers.  Tuesday, 16 March, over 1000 teachers, students and parents from across the state marched to and around the Capitol while the House was on the floor in debate.  Their theme was "adequate yearly funding of education."

House Appropriations Committee Proposed Budget

On Thursday, 18 March, the House passed a proposed budget out of committee.  The proposal cuts approximately $361 million from essential state services, in addition to over $170 million in cuts to Kansas public school districts.  Some of the cuts include:

·         $172 million in cuts to public education

·         $5-7 million in cuts for mental health programs impacting 90,000 Kansans

·         A 5% across the board salary cut to all State employees

·         A 12 day furlough to State employees in the form of closing State offices at 3pm on Fridays

·         $37.9 million freeze on State contributions to its employee retirement plan (KPERS)

·         A 1% cut in all State agency budgets

·         Increased premiums for children's health insurance

I understand that this proposal will come to the House floor for debate this coming week.  There will be many amendments and motions, and whatever the outcome, it will have to be reconciled with the Senate's proposed budget and then signed by the Governor.  Once the Legislature reconvenes after the latest revenue estimates are announced in mid April, there will be more adjustments.  I am told by senior Representatives that these will be long and arduous days ahead as we work through this process.  I appreciate all the emails, letters and calls I receive from you to voice your priorities for our district and the State.

"Freedom of Choice in Health Care" Act

This week we are scheduled to debate House Concurrent Resolution 5032.  It is a proposal to amend the Kansas Constitution by adding a new Article 16.  The stated purpose of the new constitutional article, which concerns health care, would be to preserve the freedom of Kansans to provide for their health care. Article 16 would include the following protections:

 

·         No law or rule would compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system or to purchase health insurance;

·         Any person or employer could pay directly for lawful health care services and would not be required to pay penalties or fines for paying directly for lawful health care services;

·         Any health care provider could accept direct payment for lawful health care services and would not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

 

            As a Constitutional Amendment, this Resolution requires a 2/3 majority vote of the House and of the Senate in order for it to go to the ballot for Kansans to vote on.  Last week the Senate's version of this Resolution was defeated in committee.  If it passes by a 2/3 majority vote in the House, it will then go to the Senate.  After subsequent passage by 2/3 majority of the Senate, it will go on the ballot for a Statewide vote.  If it makes it to a ballot in its present form, you will see the following statement on your ballot:

 

''Explanatory statement. The purpose of this health care freedom amendment is to preserve constitutionally the right and freedom of Kansans to provide for their health care. This proposition

would not affect which health care services a health care provider or hospital is required to perform or provide; would not affect which health care services are permitted by law; would not prohibit care provided pursuant to the general provisions relating to workers compensation; would not prohibit care pursuant to the provisions relating to state employee benefit programs; would not affect laws or rules in effect as of August 1, 2009; or would not affect the terms or conditions of any health care system to

the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services. Nothing in this amendment is meant to discourage anyone from purchasing health insurance.

 

''A vote for this proposition would preserve constitutionally the right of a person, employer or health care provider to be free from laws or rules compelling participation in any health care system; preserve constitutionally the right of a person or employer to purchase lawful health care services directly from a health care provider; preserve constitutionally the right of a health care provider to accept direct payment from a person or employer for lawful health care services; and preserve constitutionally the right to have the ability to purchase or sell health insurance in private health care systems.

 

''A vote against this proposition would provide for no constitutional right of a person, employer or health care provider to be free from laws and rules compelling participation in any health care system; would provide for no constitutional right of a person or employer to purchase lawful health care services directly from a health care provider; would provide for no constitutional right of a health care provider to accept direct payment from a person or employer for lawful health care services; and would provide for no constitutional right to have the ability to purchase or sell health insurance in private health care systems.''

 

            Proponents of the Resolution say that this will give Kansans a rationale to reject Federal health care programs.  Opponents say that this Resolution will not make a difference because the U.S. Constitution's Article 6 says "that federal law is supreme and that if there is a conflict, federal law prevails," and if challenged the Kansas Article 16 could be declared unconstitutional.  Opponents also say that the Kansas Legislature should be focusing on the budget crisis and not wasting time on Resolutions that will not change anything.

Out and About

            I attended the Saint Joseph of the Valley's Solemnity of Saint Joseph Mass on Friday and the following dinner fund raiser.  It was a beautiful mass, sung by the Little Sisters of the Lamb from Kansas City, Kansas.  Saturday was the Friends of the Leavenworth County Humane Society social.  The Leavenworth County Humane Society celebrated its achievements and volunteers from the last year and enjoyed an afternoon at the Homestead Greenhouse on 10^th Street in Leavenworth despite the 1^st Day of Spring snow storm.

Keep in Touch

It is a special honor to serve as your state representative.  I value and need your input on the various issues facing state government.  Please feel free to contact me with your comments and questions.  My office address is Room 722, Docking State Office Building, Topeka, KS 66612.  You can reach me at (785) 296-7668 or call the legislative hotline at 1-800-432-3924 to leave a message for me.  Additionally, you can e-mail me at Melanie.meier@house.ks.gov.  You can also follow the legislative session online at www.kslegislature.org.   

 As always, if you no longer desire to receive updates and information from me, just let me know and I will take you off the mailing list. 

Melanie's Adventures in the Statehouse #6

Melanie Meier's Adventures in the Statehouse

Kansas House of Representatives

40th District 

 

Volume 2010, Issue 6:  Emails and Calls

            Week 9 was full of emails and phone calls from constituents.  Many of you voiced your concern about possible school district consolidation and repealing of sales tax exemptions on religious activities and residential utility bills.  I am happy you are contacting me and getting involved. 

The House was expecting to see HB2549, that proposes repealing certain sales tax exemptions, this past week on the floor for debate and vote but it did not happen.  Currently there is no word on whether it will come to the floor at all. 

The House Education Budget Committee held a hearing on HB2728 on Thursday, 11 March 2010.  It is a proposal to make all school districts consist of at least 10,000 full time equivalent students and to create regional education service centers.  Many school districts, including USD 449 in Easton, sent officials to testify against the Bill.  I do not know if the Committee will decide to work the Bill after hearing all the opposition, but currently the Bill is not on the scheduled calendar for this coming week.  The House did pass HB 2704 on Wednesday, 10 March.  This Bill allows three or more districts to consolidate into two districts (essentially allowing one district to split itself among some others in consolidating) and keep the incentive funds for consolidation.  This Bill makes it easier for districts to voluntarily consolidate in the manner that they feel best serves their students.

Seat Belts and Texting

The Senate on Thursday, 11 March, formally advanced HB 2437 to the House.  If signed into law, the bill would ban texting while driving and would make driving without a seatbelt a primary offense, meaning a police officer can pull someone over if they notice that they do not have their seatbelt on.  Although a few concerns were raised on the Senate floor regarding potential racial profiling and enforcement, all 40 Senators voted to approve the bill.  This Bill was part of the Governor's recommendations for filling the latest budget revenue shortfall in February and if passed by the House will net Kansas $10 million in federal dollars.

HMOs to Pay Fee

            Under current Kansas law, HMOs that operate in Kansas more than 5 years are subject to paying a 1% privilege fee.  Historically, the Commissioner of Insurance has waived the privilege fee as it applies to the three HMOs in Kansas who process and receive Medicaid monies.  The Legislative Counsel for Children's Mercy Family Health Partners and a representative with the KHPA testified in support of the SB200, which would amend the law so that all health maintenance organizations will pay the same amount. The spokesperson for Children's Mercy Family Health Partners stated that the addition of the $4.1 million in revenue by removing the waiver, combined with an equivalent increase in the Medicaid capitation rate, could generate an additional $25.7 million in revenue for the State between FY 2010 and FY 2012.  This Bill was also part of the Governor's recommendations for filling the latest budget revenue shortfall in February.  The Bill passed in the House on Friday, 99 to 13, and is now on its way to the Governor for signature.

New Energy Efficiency Programs For Local Governments

As part of its statewide strategy to promote energy-efficiency retrofits in public buildings, two new grant programs have been created to assist cities—the Public Projects Grant Program and the Energy Manager Grant Program.

The Public Projects Grants are designed to supplement the existing Facility Conservation Improvement Program (FCIP) by focusing on energy efficiency projects in public buildings that are either too small for FCIP or include specific improvements that exceed FCIP's 30-year statutory payback period. Examples of improvements funded through these grants include lighting, heating and cooling equipment, energy management controls, and insulation or other envelope measures. The application deadline for this program is July 15, 2010. For eligibility requirements and additional information, see the State Energy Office web site http://www.kcc.state.ks.us/energy/arra/publicproj.htm.  

The Energy Manager Grants provide coalitions of local governments (cities, counties, school districts) with an annual stipend of $50,000 for up to two years to hire an energy manager. Energy managers will develop both short- and long-term plans for each of the coalition members, with the goal of reducing energy usage in both the public and private section. The application deadline for this grant is April 15, 2010. For eligibility requirements and additional information, see the State Energy Office web site www.kcc.ks.gov/energy/arra/energymgr.htm.

WESTAR Upgrades In Leavenworth County

I have more details on the WESTAR project I mentioned last week.  This month Westar Energy will begin the removal of the vegetation within Westar Energy's easements as well as on road right of way preparing to rebuild the electric transmission line from Stranger Creek Substation to Thornton Substation.  Rebuilding this transmission line will maintain the reliability of service to the Leavenworth area.  The Southwest Power Pool, the Regional Transmission Organization, directed Westar Energy to construct this transmission line in order to maintain compliance to the North American Electric Reliability Corporation's Reliability Standards.  These standards are federally enforceable under the Federal Energy Regulatory Commission rules. 

Work will begin at the Stranger Creek Substation and crews will proceed eastward along Bauserman Road and Eisenhower Road.  Once the vegetation is cleared, contract crews will begin removing the existing transmission line.  After the existing line is removed, crews will begin building the new electric transmission line along the same route within Westar Energy's existing easements.  If you have any questions or concerns please contact Jeff Rogers at 785-575-8081.

Out and About this Week

            District leaders of today and tomorrow visited Topeka, from the Leadership Leavenworth/Lansing and the Southern Leavenworth County Leadership Development Classes.  Danielle Nichols from the Tiny K Foundation in Leavenworth visited with me in my office and USD 449 superintendent, Charles Coblentz, and vice president of the USD 449 School District, Bill Bohne, were here to testify in the Education Budget Committee.

Keep in Touch

It is a special honor to serve as your state representative.  I value and need your input on the various issues facing state government.  Please feel free to contact me with your comments and questions.  My office address is Room 722, Docking State Office Building, Topeka, KS 66612.  You can reach me at (785) 296-7668 or call the legislative hotline at 1-800-432-3924 to leave a message for me.  Additionally, you can e-mail me at Melanie.meier@house.ks.gov.  You can also follow the legislative session online at www.kslegislature.org.   

 As always, if you no longer desire to receive updates and information from me, just let me know and I will take you off the mailing list. 

Melanie's Adventures in the Statehouse #5

Melanie Meier's Adventures in the Statehouse

Kansas House of Representatives

40th District 

 

Volume 2010, Issue 5:  Budget Budget Budget

            This is the eighth week of our annual 12-week session.  The estimated budget shortfall has grown every month, and we have four weeks until First Adjournment (which is the next major legislative deadline).  On Friday the 5th, Governor Parkinson announced $85 million in additional cuts, transfers and adjustments to the FY 2010 budget.  These cuts are in response to revenues that continue to come in below expectations, further increasing the budget shortfall.  February revenues came in $71 million short for the month, for a total $105 million deficit in FY 2010.   As Kansans file their taxes this spring, it is hoped that revenues will rebound a bit later in the year.  If that is the case, the Governor's actions and recommendations Friday should prevent a seventh round of cuts in FY 2010. 

  

The Governor cannot make all of these latest adjustments without Legislative action.  He can reallocate money himself to cover about half of the deficit but can only propose to the legislature the following actions:

 

·         Transfer $28 million from the highway fund to the State General Fund. This action will require the Department of Transportation to cancel nearly all maintenance projects that have yet to be started in 2010 and 2011.

·         Pass HB 2130, primary seatbelt legislation. This action will net $10 million in federal funds to Kansas.

·         Implement a moratorium on KPERS death and disability payments for the last quarter of FY 2010. This action will produce $12 million in available resources while keeping the fund solvent. 

·         Pass legislation to codify the Insurance Commissioner's equal treatment of Kansas' three Medicaid HMOs. This action will produce $4 million.

House Agriculture & Natural Resources Committee hears bills

This past week we heard several Bills, including two that illustrate how the budget short falls have affected the Department of Agriculture and how the agency is struggling to get by. 

 

Senate Bill 396, would allow the Department of Agriculture to take surplus money from their fee funds (up to 10%) and put it in the existing Laboratory Equipment Fund.  The Laboratory Equipment fund has no funding mechanism because the fees that sustained it have sunset.  However, every agricultural program administered by the department still needs the equipment, which means they need money for maintenance and upgrades.  Most of the fee funds across state government were swept in FY 2010, essentially leaving them bankrupt.  Legislation like this would give agencies a bit more flexibility to manage their money.  There were no opponents.  Proponents did speak to the bill because the lab equipment is invaluable to their programs.

            Senate Bill 395 proposes raising some fees associated with milk production until 2015.  Right now most of Kansas' milk is exported to the southeast region of the United States.  Federal law requires the milk industry to be inspected prior to being shipped out of a state.  If the fees are not raised then the inspection program will not be funded past 2012 and Kansas would not be able to sell its milk to other states.   The bill also has language allowing the Secretary of Agriculture to adjust the fees as necessary up to a certain cap.  There were no opponents to the bill.

 

Although these are fairly "low profile" bills, these are some examples of the extent to which state agencies have been cut, and the somewhat creative measures that must be taken to get by until conditions improve.  All state agencies are struggling, and it has a significant "trickle down" effect on every Kansas citizen.

Sales Tax Exemptions Coming up this Week

 The House is expecting HB2549 to make it to the floor this coming week for debate and vote.  This is the Bill that was introduced by the Kansas Advisory Council on Intergovernmental Relations and amended by the House Taxation Committee to repeal a number of sales tax exemptions effective July 1st.  The list includes the following activities:

 

·         Property and services purchased by religious organizations

·         Residential utilities

·         Lottery tickets

·         Coin operated laundry services

·         Bingo cards, bingo faces and instant bingo tickets

·         Property bought by or for libraries

·         Motor vehicles transferred from one family member to another, or one business entity to another

 

The proposed sales taxes would net approximately $760 million over the next 5 years.  The fiscal note from the Budget Division points out that by repealing the exemption for lottery tickets, then Kansas retailers would no longer be able to sell multi-state lottery game tickets.  So in order to gain back the $39 million that Kansas does not collect in sales tax, we would lose the sales of $100 million in lottery tickets, and Kansans would not be able to win the power ball without buying a ticket in another State.

 Out and About this Week

            This week I was busy every day after session and my committee meetings.  On Monday, I met with representatives from Westar Energy.  Westar is upgrading and replacing a trunk in Southern Leavenworth County that runs into the substation on Thorton Road in Leavenworth and they will be sending out letters soon to warn residents along the route of the pending work that will include a lot of tree cutting.  On Tuesday night I headed to Tonganoxie for the Ducks Unlimited Pizza Fest fundraiser.  Wednesday I attended LTG Caslen's Assumption of Command ceremony at Fort Leavenworth and later that night met with representatives of Saint Luke's Health System from Leavenworth.  Thursday I headed to Manhattan Kansas and attended a Political, Diplomatic and Military Lecture series that was hosted by K-State and Fort Riley.  Friday, I was part of the Leavenworth/Lansing Chamber of Commerce Legislative Update at the Carnegie Arts Center.  Saturday, I was part of the Atchison Area Chamber of Commerce Legislative Update at the historic Santa Fe Depot in Atchison then caught a bite to eat at Hilltop in Easton and that evening I attended the Fort Leavenworth Hunt Club's Annual Ball.  Today I enjoyed the corned beef and cabbage dinner at Immaculate Conception Church in Leavenworth.  The food was delicious and the talent show spectacular.  I especially enjoyed it when Father Chris wowed the audience by juggling fire!

Keep in Touch

It is a special honor to serve as your state representative.  I value and need your input on the various issues facing state government.  Please feel free to contact me with your comments and questions.  My office address is Room 722, Docking State Office Building, Topeka, KS 66612.  You can reach me at (785) 296-7668 or call the legislative hotline at 1-800-432-3924 to leave a message for me.  Additionally, you can e-mail me at Melanie.meier@house.ks.gov.  You can also follow the legislative session online at www.kslegislature.org.   

 As always, if you no longer desire to receive updates and information from me, just let me know and I will take you off the mailing list.