Kansas House of Representatives
40th District
Volume 2012, Issue 3: January 23-27, 2012
In This Issue
• Third Week Back in Topeka
• Governor's Tax Proposal Update
• Veterans, Military Affairs & Homeland Security
• Corrections & Juvenile Justice
• Judiciary
• Keep in Touch
Third Week Back in Topeka
We have completed the third week of the session which means we are a
quarter of the way through the normal session already. Deadlines for
introducing bills are coming up. Monday, January 30th, is the last day
for an individual legislator to request that a bill be drafted and
Monday, February 6th is the last day for a committee to request that a
bill be drafted. The deadlines for actual introduction of bills is
February 8th for a legislator and February 10th for a committee. There
are some committees exempt from the deadlines, they include Taxation,
Federal & State Affairs, and Appropriations. Another big date for the
legislature is February 24th, or "turn around day." That is the day
that all the House bills are sent to the Senate and all the Senate bills
to the House.
Governor's Tax Proposal Update
After working on his tax plan for almost a year with his own tax
committee, the Governor's plan was finally printed and put on the
kslegislature.org website last Friday. It was introduced in the House
as HB2560 and also in the Senate as SB339. I printed it out this
weekend and worked on deciphering it. This coming week we will get
summaries from Legislative Research and the budget folks.
From my initial review it appears that your comments and contact with
the Governor were successful, because the exemptions for military,
federal government, city, railroad, and board of public utilities
retirement are still there! I had heard that when the Military Affairs
Council (MAC) in Junction City had asked the director of the
Governor's Military Council the same questions that the
Leavenworth/Lansing MAC had asked the Governor the week before, that
they got different answers. The director stated that the Governor was
mistaken about the military retirement exemption and did not intend to
end it, despite what he had told the Leavenworth/Lansing MAC the week
before. Thank you for taking action and being heard.
I highlighted several sections of the bill published Friday that had
significant proposed changes to Kansas current tax law. These sections
deal with the temporary sales tax increase that was to end next year,
federal adjusted gross income (AGI) (with respect to federal schedules
C, E, and F), standard deductions, the Homestead Property Tax Refund
program and the severance and production of oil and gas exemption.
1. The bill has the state sales tax continue at the 6.3% rate
indefinitely rather than go back to 5.7% in July 2013.
2. The bill requires any losses on schedules C, E, and F be added back
into your federal AGI but any income be subtracted. So you could no
longer claim the losses from, but you would not pay taxes on any income
from some businesses, rentals, royalties, partnerships, S corporations,
estates, trusts, residual interest in real estate mortgage investments,
and farms.
3. There are no itemized deductions allowed in the bill and the standard
deduction is changed from $4500 for the head of household filing status
to $9000. The standard deductions remain the same for single filers at
$3000 and $6000 for married filers.
4. Renters would no longer be eligible for the Homestead Property Tax
Refund program in this proposal, only owners who are actually living in
the property.
5. The bill ends the exemption of tax for severance and production of
gas after June 2012 but keeps the exemption for severance and production
of 50 or less barrels of oil starting in July 2012.
With over 63 pages, and most with some change, there is still a lot of
study to do on this bill. There will certainly be changes as the Senate
and the House prepare their own versions. In fact, the House
Republicans introduced their own version of the tax plan verbally this
past week and we should see the written bill by Thursday of next week.
Veterans, Military Affairs & Homeland Security
Several bills that were introduced by the committee last year had
hearings in other committees this past week. Because the Senate does
not have an equivalent Veterans, Military Affairs & Homeland Security
Committee, most all of our bills are referred to other committees for
action.
Last Monday I testified in support of HB2211 that would set up a
preference for disabled veteran owned businesses in the award of state
contracts. The bill would set a goal for the state to award 3% of its
contracts to businesses owned by disabled veterans. Because the state
has no data on how many businesses are actually owned by disabled
veterans, the bill only sets a goal. This proposal would align with the
Governor's intent to encourage veterans to choose to settle in Kansas
after their military service, and his plan to create small business
incubators for veteran entrepreneurs - especially in light of the high
unemployment rates among veterans (for many reasons), combined with the
estimate that at least 25% of today's veterans have a service
connected disability.
Other bills that had hearings included HB2298 that would give the
director of the Kansas Commission on Veteran Affairs more flexibility in
his budget, HB2418 that would change notification that a veteran did not
get a state job from certified mail to standard and electronic mail,
HB2273 that would designate a portion of K-99 highway as the
"Frankfurt Boys World War II Highway," and HB2406 that would assign
a civil penalty to anyone that would intimidate, injure or harass a
person based on their military status.
Corrections & Juvenile Justice
We had several hearings this week on a variety of subjects including
"sexting," firearms sales, driving under the influence (DUI) laws,
disclosure of defense information, and information sharing between the
courts and the Department of Corrections.
HB2467 is a bill that has to do with "sexting" between minors.
Under current law, the transmission of sexually explicit and nude
photographs of minors is a class 5 felony and the offender would be
required to register as a sex offender. This bill would modify the
penalties for minors who "sext" with other minors with the intent to
harass, embarrass, intimidate, defame, or otherwise inflict emotional,
psychological, or physical harm.
HB2427, is a bill written with the intent to stop "sting operations"
being conducted by non-law enforcement personnel in other states, who
are attempting to entice businesses that sell firearms to make an
illegal transaction. This would be preventative because there have been
no known attempts in Kansas to this date.
We held a joint informational hearing with the Senate Judiciary
Committee about the new DUI laws that were passed last session. We
heard from law enforcement, judges, prosecutors, and others on
suggestions to clarify or improve the new procedures and penalties. We
are expecting a new bill to address these issues.
We also heard HB2468, a bill that would require defense attorneys to
provide names of witnesses, expert witness reports, and exhibits to the
prosecution 30 days before trial and HB2055, a bill that would alter the
required information that district and county attorneys must provide to
the Department of Corrections when an offender is transferred after
sentencing.
Judiciary
We were busy in Judiciary Committee this week as well. We had quite a
variety of subjects from HB2121 dealing with a coroner's release of a
body for cremation, to HB2253 which would prevent a "private cause for
action" from any legislation unless it was stated in the statute, to
HB2313 which would not allow a civilly committed patient in the Sexual
Predator Treatment Program to file a lawsuit until all administrative
remedies were exhausted, to two bills on Limited Liability Corporations
(LLC).
We had two hours of hearings Thursday afternoon, on LLCs, including a
whiteboard class on just what is a Series LLC in HB2207 and forty
procedural issues that the Secretary of State's office found in
HB2261. HB2261 is a complete rewrite of LLC law in accordance to
recommendations by the Uniform Laws Commission as the "Revised Reform
LLC Act" that four other states have enacted. We only heard about the
procedural changes this past week. We will continue the hearing this
coming week to hear the pros and cons of the actual substantive changes
in the law.
Keep in Touch
You can track my activities on my website www.meier4kansas.com, my
FaceBook page www.facebook.com/Meier4Kansas, and Twitter
www.twitter.com/melaniemeier. I am privileged and honored to be your
voice in the Kansas Capitol.
If I can ever be of assistance to you, please feel free to contact me at
home or in Topeka. My office is still in the Docking State Office
Building on the 7th Floor, Room 722. 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. You can also follow the legislative session
online at www.kslegislature.org.
If you need to directly contact a particular agency in state government,
you can find useful telephone numbers online at
http://da.state.ks.us/phonebook.