Kansas House of Representatives
40th District
Volume 2012, Issue 4: January 30 - February 3, 2012
In This Issue
• Immigration and Liquor Back in Debate
• More on Budget and Taxes
• Veterans, Military Affairs & Homeland Security
• Corrections & Juvenile Justice
• Judiciary
• Keep in Touch
Immigration and Liquor Back in Debate This Year
Illegal Immigration is back in the spotlight this year but with a
different twist. Kansas Secretary of Agriculture Dale Rodman announced
this week that he is seeking a federal waiver to allow illegal
immigrants to work in the state. He stated that he is under pressure
from large dairies and feedlots that are desperate for workers. If
approved by Homeland Security, a state-sponsored network would match
sponsor companies wishing to participate with illegal immigrants who
have been in Kansas at least 5 years with no criminal background. The
idea is to create a legal and organized system to manage the existing
immigrant labor and it is backed by organizations such as the Kansas
Farm Bureau, the Kansas Livestock Association, and the Kansas Chamber of
Commerce. The programs would be funded by fees paid by the sponsor
companies and the immigrant workers. This is quite a bit different from
what the Kansas Secretary of State wants.
A coalition of grocery, and convenience stores have unveiled a campaign
called "Uncork Kansas," reviving a debate about allowing liquor and
wine to be sold in grocery and convenience stores. Under current law,
liquor and full strength beer is only sold in liquor stores. This
proposal, which was also considered last year, would remove that
restriction. It would also remove the "liquor only" sales
restriction that now apply to liquor stores, so that liquor stores could
also expand their sales (presumably to include mixers, ice, etc.). The
bill includes last session's provision for liquor stores to sell their
licenses to grocery/convenience stores before the law takes effect at
presumably premium prices. Proponents include grocery stores and
convenience stores that would like to expand their sales to include
alcohol. They argue that the current law is antiquated and limits
consumer choice. Opponents of the proposal primarily include
neighborhood liquor stores that fear that they would be driven out of
business if large discount retailers can sell wine and liquor. There are
also concerns that this measure would lead to an easier path for minors
to obtain liquor as the bill allows 18 year olds to work at the
registers and sell liquor.
More on Budget and Taxes
The House Appropriations Committee continues work on the FY2013 budget
and spent most of this week focusing on the budgets of fee-funded
agencies. Such agencies rely on the fees they charge for their services,
and must testify on the status of their budget and their recommendations
for 2013. Although the Governor's tax plan was introduced in both the
House and Senate, there has not been a hearing yet.
I am still on the look out for tax bills that affect the retiree and
found one. There was a hearing this past week in the House Taxation
Committee on HB2480. It would take away the tax exemption on the
federal and military Thrift Savings Program distributions to retirees.
The Department of Revenue testified that the TSP distributions were not
supposed to be tax free in Kansas, but the way the statute is currently
written that retirees have been able to use the exemption.
Another interesting bill considered this week was HB2287, which would
give Kansas a tax free holiday during the first weekend in August, when
kids head back to school. Under the proposal, clothing, computer
devices, and school supplies would be tax free, up to a certain amount
spent on each transaction. The estimated fiscal note is six million in
lost tax revenue for the weekend. Proponents of the bill state that
many residents cross over to Missouri and Oklahoma during their tax-free
holidays, causing Kansas to lose revenue. They also suggest that the
holiday may increase revenue for local business, because consumers would
also buy items such as gas and food, stating that other states
experienced a 35 - 45% increase in sales during the holiday. Opponents
of the bill state that the bill will cause uncertainty for local budgets
due to the estimated loss of tax revenue and that a tax holiday will
merely shift the timing of consumer purchases and not increase revenue.
Veterans, Military Affairs & Homeland Security
The Fort Leavenworth Garrison Commander and Superintendent of Schools
were here to testify with the superintendents from Manhattan and
Junction City this week. They testified on HB2439 about the benefits of
a current statute that allows for a second count of military children in
schools for funding to cover the costs of adjusting class sizes,
teachers, and supplies as military children come in and out of Kansas
schools throughout the year.
I testified in support of HB2297, which is intended to prevent
foreclosure on deployed servicemembers' homes. It would grant a stay
until the servicemember returns home and if a default judgment was
entered while the servicemember was deployed, that it would be set
aside. The Veterans of Foreign Wars and the American Legion both
support the bill which would further Kansas in its goal to be a military
friendly state.
Next week the Kansas Commission on Veterans Affairs budget will be
worked in the House Appropriations Committee.
Corrections & Juvenile Justice
We were very busy this week with hearings and even had testimony from
the Leavenworth County Attorney and Leavenworth City Police Department.
They were here for a bill they introduced that would create a law
against possession and distribution of prescription drugs that are not
yours. HB2232 was written to combat the "pharm parties" that the
police say are the new rage, people gathering to take some one else's
prescription drugs and drink alcohol to see what will happen to them.
The drugs are taken from their families' homes and/or stolen during
robberies.
SB159 was another of the bills we heard. It passed the Senate twice
last year but was never passed in the House. The bill would subject
parolees and probationers to search and seizure without probable cause.
Currently, only Department of Corrections (DOC) parole and probation
officers can conduct such searches. This would allow other law
enforcement officers to do the same without having to obtain permission
from the DOC. Proponents testified that this would encourage parolees
and probationers to follow the rules. Opponents testified that having
"no reason" to search is the very definition of "arbitrary"
search, which is unconstitutional.
Judiciary
This week we heard HB2482 that deals with adoption and relinquishment of
parental rights. Two couples testified about the loss of their adopted
babies after 2 years when the birth fathers, who did not show any
interest in the children before they were born, decided they wanted the
children. The bill would refine the definition of support and require
the birth father to take action rather than just state that he was
interested in the child.
Our own Judge David King of the 1st Judicial District (Atchison and
Leavenworth counties) presented a report on the weighted case load study
that the Chief of the Kansas Supreme Court cited during his State of the
Judiciary Address. The study measured the workload of Kansas courts and
determined the average amount of time to process a case from start to
finish. The results showed that the Kansas courts are not overstaffed,
but they are not staffed in the right places for the best efficiency.
For example, the study determined that judges spent 18,000 hours
traveling in 2011. That is the equivalent of using 11 judges time for
an entire year to just drive.
As usual we heard quite a variety of subjects ranging from the continued
hearing on limited liability companies (LLC), scrap metal dealers, the
handling of pornography as evidence, and more.
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.
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