Kansas House of Representatives
40th District
Volume 2011, Issue 7: February 21-27, 2011
In This Issue
+ Turnaround Week
+ Seat Belt Law Amended
+ Veterans, Military & Homeland Security Committee
+ Corrections & Juvenile Justice Committee
+ Judiciary Committee
+ Around Home
+ Keep in Touch
Turnaround Week
This week the Legislature wrapped up its hearings and worked its final
bills in preparation for "turnaround" day on Friday, February the
25th. "Turnaround" is when the House sends its approved Bills to
the Senate and the Senate sends its approved Bills to the House. So we
spent many hours on the floor debating and voting on 68 bills in order
to get them over to the Senate. Starting in March the House and Senate
will hold hearings and work each other's bills before sending them to
the Governor in April. If the House or Senate changes anything on each
other's bills, they will meet in a conference committee to negotiate
the final version and the bill will need to be voted on again by both
the House and Senate.
Seat Belt Law Amended
On Tuesday, the House of Representatives debated HB 2192. The bill
would make the fine for violating the primary seat belt law uniform
across the entire state. Currently, there are cities and government
entities that have used the previously passed seat belt law to raise
money for their local communities by adding court costs of $65-$95 to
the initial $5 penalty. This year, the fine will increase to $10 on
July 1st. The intent of HB 2192 is to keep the focus on safety issues
rather than revenue issues. Another bill, nicknamed the "Dead Red"
bill was tacked on to the seat belt law. The "Dead Red" amendment
would allow both motorcycles and bicycles to turn left or proceed
forward when a traffic light does not function properly. Testimony was
presented that traffic signals often do not function properly because
some road sensors fail to detect lightweight motorcycles or bicycles.
Cyclists still must yield the right of way to any vehicle in the
intersection or approaching the intersection.
Veterans, Military & Homeland Security Committee
The Committee held a hearing on House Concurrent Resolution 1605 urging
the United States Congress to extend equal benefits and compensation for
the treatment of Agent Orange exposure to Vietnam era veterans who
served outside of Vietnam. The Veterans Administration recognizes the
diseases associated with Agent Orange for veterans and their
children's birth defects, if the veteran stepped foot in Vietnam
during the time period that the defoliant was in use. But still today,
the VA fails to recognize Agent Orange exposure in veterans that served
aboard ships and in countries surrounding Vietnam even though they
handled the toxic chemical when loading aircraft, clearing vegetation
around airfields and other combat support missions. The House of
Representatives is forwarding the Resolution to the Senate for
concurrence, and then on to Congress to urge them to work with the VA to
ensure that Vietnam era veterans who served in support of the Vietnam
War are able to receive the same medical benefits and compensation for
the treatment of Agent Orange exposure as those who served within the
country's borders.
Corrections & Juvenile Justice
The Committee held a hearing this week on Executive Reorganization Order
(ERO) 34 that abolishes the Parole Board and establishes the Prisoner
Review Board within the Department of Corrections. Secretary Ray
Roberts, Kansas Department of Corrections (DOC), testified as a
proponent. He stated that the legal counsel for DOC has advised him
that there is no conflict of interest to appoint three current employees
of the DOC to a Prison Review Board to serve in the same capacity as the
Parole Board. The board would rely heavily on parole officers and use
video conferencing as much as possible. He assured the Committee that
although he would select the 3 members of the board he would have very
little involvement unless absolutely necessary so that the board could
make neutral and detached decisions. Justin Stowe from Legislative Post
Audit testified as a neutral party. Post Audit has published a report
that states merging the 3-member Parole Board into the DOC would not
achieve any additional operating efficiencies because the Board's staff
functions are already carried out by the DOC staff, and it could create
a conflict of interest if the Prison Review Board was within the DOC.
Patti Biggs, a member of the Kansas Parole Board, also gave neutral
testimony. She stated that when offenders are sentenced to prison, they
are sentenced to the custody of the Secretary of Corrections for a term
of incarceration and a term of post release supervision. She stated that
the U.S. Supreme Court has ruled on this Constitutional issue that the
body charged with final hearings related to the withdrawal of the right
to community-based liberty must be neutral and detached, thus the DOC
with its custodial role cannot be both. She also testified that the
Parole Board generates savings well in excess of the state dollars spent
on it and is a high-yield investment of state dollars. By statute if
the House or Senate does not pass a resolution disapproving an ERO, it
will automatically become law on July 1st, 2011.
Judiciary
The Committee did not hear any new bills this week but worked several
bills and sent them to the House floor for debate and final action. One
was the "Apology Bill" that was sponsored by the Leavenworth Sisters
of Charity. Substitute for House Bill 2069 was amended by the committee
to allow "facilitated conferences" to be held in a hospital so the
patient, health care provider and hospital administrator can meet and
talk openly; with anything said in the meeting ineligible for use as
evidence in litigation. This is not exactly what the Sisters wanted,
but they stated that it is a good first step.
Another bill sent to the House floor was HB 2031 which proposes a new
way to call a grand jury. Under current law a petition of the voters in
the district or a majority of the district judges may order a grand jury
to be summoned in any county in the district when it is determined to be
in the public interest. Under HB 2031, the attorney general, a district
attorney or a county attorney may petition the chief judge of a district
to order a grand jury to be summoned to investigate serious felony
violations. The National Coalition for the Protection of Children and
Families testified that the use of a grand jury, which is a closed
proceeding, protects victims and their families because they are not
subject to seeing all the evidence that would have to be presented in a
preliminary trial. The accused would also benefit because the press
would not have seen or released details of the crime so potential jury
pools could not be tainted.
Around Home
Despite the full days on the floor of the House this week, I did get to
visit with several folks from home. Monday, February 21st, Brenda
Taxeras was in Topeka with Leavenworth County 4-H members participating
in "Citizenship In Action." On Tuesday, February 22nd, I attended
the Leavenworth County Humane Society board meeting. Wednesday, Dave
Lowery and other members of our Leavenworth County Retired School
Personnel were here to check on the status of KPERs. Thursday, Gen (R)
Bob Arter and Col (R) Bob Ulin were here to attend the Governor's
Military Council. Friday, the McCormick family from Fort Leavenworth
visited with me and we toured the Capitol.
Saturday, February 26th I was home for the ninth annual "A Taste of
Leavenworth." It was a great night full of food, music and fun. I
purchased a wooden eagle for my office that was hand carved by local
artist and Heritage center volunteer, Larry Everitt. Sunday, Archbishop
Nauman was here in Easton for a pastoral visit and we enjoyed a
delicious brunch in the Saint Lawrence hall after mass. In the
afternoon, I enjoyed the Premiere of the 2011 Leavenworth-Lansing
Leadership Class Video Project, "Their Stories." It was an excellent
history of our community through the eyes of three of our most admired
citizens: Marguerite Strange, Gene Young, and Jack Walker.
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. To
write to me, my office address is Kansas State Capitol, Topeka, KS
66612. You can also 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. Don't forget that you
can also follow the legislative session online at www.kslegislature.org,
including live broadcasts of the House and Senate while on the floor.
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