Feb 24, 2013

Adventures in the Statehouse Vol 2013, Issue 6

Melanie Meier's Adventures in the Statehouse
Kansas House of Representatives
Volume 2013, Issue 6: February 18 - 22, 2013

In This Issue

- Snowy Week
- Veterans, Military & Homeland Security
- Repealing Bills Passed Last Year?
- Transportation and Highway Patrol Budgets
- More Interesting Bills in the House
- Keep in Touch

Snowy Week

As we near "turn around" day in the Statehouse, the House of
Representatives has only passed 38 bills out favorably to the Senate so
far. To date there have been 377 bills introduced in the House. The
snow on Thursday cancelled two days of hearings and working bills so we
have to finish the remainder by Wed at noon this coming week. The
Speaker of the House is maintaining his goal to have the session done in
80 days this year so we will have some long days this week to catch back
up.


Veterans, Military & Homeland Security

Tuesday morning I testified in the Senate Transportation Committee on
SB136 that would allow a veteran to place the designation of VETERAN on
their driver's license. The original version of the bill would have
put VETERAN into a hologram on the back and would have cost in excess of
a million dollars to design. After testimony by my Chairman of the
House Veterans Committee, the Department of Motor Vehicles, the Kansas
Commission on Veterans Affairs and several Veteran organizations, the
Senate worked the bill and passed it out favorably for debate in the
full Senate. Tuesday, we have the hearing for HB2309 which is the House
version of the bill in the Veterans Committee. Everyone seems to be on
board that similar to the other 42 states that offer this to their
veterans, it should be voluntary to place VETERAN on the front of the
driver's license for verification of status for veterans who have not
retired nor receive benefits from the VA. The bill also allows the DMV
to share the list of veterans with the KCVA so that they can build their
database of Kansas Veterans that they use to contact veterans about
earned benefits and programs available to them.

Veterans Committee also held a hearing on the grant funding for the
Veteran Service Representatives that are located throughout the Kansas
VA hospitals. The American Legion and Veterans of Foreign Wars
spokespersons did a great job explaining the history of the program and
its importance to the committee, which is made up of many freshmen
legislators this year who did not know about the KCVA or Veteran
Representatives. This program saves the state money by providing
American Legion and VFW employees and their office space to process
veteran claims and education assistance applications to the federal
system with over a 90% success rate of first time submissions. For a
small investment in the grant, the state pulls in hundreds of millions
of dollars to veterans in Kansas, our post secondary education, and our
economy.

Repealing Bills Passed Last Year?

This week in Corrections & Juvenile Justice Committee we had a hearing
on HB2277 that would repeal a bill we just passed last year. The bill
last year gave the Juvenile Justice Authority the ability to have their
own special investigators with law enforcement training and authority to
conduct searches, handle evidence, and make arrests. Last year the JJA
convinced the legislature that they needed this ability but now they are
saying it is too expensive to send the investigators to the training.
When questioned on the cost of the training, the answer was that the
actual training is free but the JJA has to pay the person for the 14
weeks while they are gone. The current statute states that it is up to
the JJA Commissioner's discretion if he or she even wants to have an
investigator.


Transportation and Highway Patrol Budgets

This week we worked on the budgets for the Kansas Department of
Transportation (KDOT) and the State Highway Patrol in the Transportation
& Public Safety Budget Committee. As usual, we started with the
Governor's proposed budget and made changes. The Committee did not
make much change to the proposed State Highway Patrol budget, but the
Committee Chair had the agency compile a list of all their funds to
figure out if they had enough already there to give the troopers a
raise. During the Highway Patrol's earlier testimony they had
stressed the difficulties they have faced with low recruitment due to
low pay and their inability to pay for overtime and holiday pay. The
committee determined that there was enough that could be pieced together
from the various funds to give the troopers a 5% raise in 2014. Now the
recommendation is at the House Appropriations Committee to see if they
accept it or possibly sweep the funds for something else!

When we started with KDOT our Committee Chair informed us and the
Secretary of Transportation that he introduced a bill to keep the four
tenths of a percent of sales tax that is supposed to go to KDOT's
T-WORKS plan in the State General Budget. The Secretary of
Transportation testified that if that bill were to pass, it may affect
our current bond rate because a dedicated funding source is important in
determining the ratings. The Secretary has requested an estimate of how
much money the state would lose if the ratings went down. The Secretary
also stated that he saved $13.5 million in salaries last year by laying
off 36 employees in August 2012 and then placing the agency under a
hiring freeze - Now when employees retire or quit, there is no
replacement. As the Committee worked the budget, the list of transfers
from the State Highway Fund to other agencies was pared down from the
Governor's proposal and 100 full time positions were cut. Some of the
transfers eliminated were: $3.5 million to the KBI for the initial
planning and engineering for their new DNA laboratory; a several hundred
thousand dollar transfer to The Adjutant General's Office of Emergency
Communication Fund; $5 million to the Affordable Airfare fund for
Wichita's airport; $9.75 million to mental health organizations; $15
million that the Governor says KDOT will save by absorbing the Kansas
Turnpike Authority; and a couple million dollars from KS Dept of
Wildlife, Parks & Tourism. These are recommendations to the full House
Appropriations Committee to accept or not and if they do accept them,
then they will either have to find the money in another part of the
budget or recommend eliminating the program.


More Interesting Bills in the House

As I make my daily review of the House calendar, some of the bills that
had hearings last week and some that are scheduled for the next couple
of days caught my attention as bills you may want to watch. HB2244 is
the follow up bill on the taxation of boats that Kansas amended its
Constitution for last November. HB2185 deals with the consolidation of
cities and counties. HB2271 changes municipal elections, makes them
partisan and moves them to even number years. HB2371 eliminates the
post secondary savings account incentive program that encourages low
income families to save for their children's college/technical school
tuition. HB2296 would raise the amount of money that lobbyists can
spend on elected officials and what they have to report. HB2210 deals
with changing your political party affiliation. Remember, you can watch
them all at kslegislature.org.


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 on the 4th floor of the Capitol, Room
451-S. To write to me, my office address is Kansas State Capitol,
Topeka, KS 66612. You can also reach me at the legislative hotline,
1-800-432-3924. Additionally, you can e-mail me at
melanie.meier@house.ks.gov. And do not forget to 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.

Feb 18, 2013

Adventures in the Statehouse, Vol 2013 Issue 5

Melanie Meier's Adventures in the Statehouse
Kansas House of Representatives
Volume 2013, Issue 5: February 11 - 15, 2013

In This Issue

- Busy Week
- Veterans, Military & Homeland Security
- Enhanced Penalties for Theft of Firearms
- Proposed Cuts to our Corrections System
- Interesting Bills Awaiting Debate in the House
- Keep in Touch

Busy Week

Week 5 was a crazy busy week in the Statehouse! Many groups were here
to bring attention to their causes: The Kansas Realtors, the Early
Childhood Education Coalition, the Higher Education Coalition, several
Veteran groups, the Travel Industry Association of Kansas, the Kansas
Bankers, the Pork Association, Advocates against Sexual & Domestic
Violence, and more. These groups usually have rallies or demonstrations
in the Capitol as well as make appointments to meet with as many of the
Legislators as possible.

A surprising number of bills were placed on the House Consent Calendar
this Friday. When a bill is considered by a committee as being
non-controversial in nature, such as a language clean up, the committee
will place it on the Consent Calendar. It remains on the calendar for 3
days unless any legislator objects. Once it is on the calendar for 3
days with no objection, it automatically moves to final action for a
vote without debate. Ten bills are now on the Consent Calendar this
week from several committees. You can check the calendar on
kslegislature.org.

Veterans, Military & Homeland Security

Friday was the deadline for bill introductions by most committees.
Three more veteran related bills were read in: HB2356 proposing an
Honor & Remember Flag license plate to assist Honor & Remember, Inc. in
raising money for the personalized flags they present to families of
fallen servicemembers; HB2357 that would designate a portion of HWY 169
the 242nd Engineer Company (Kansas National Guard) Memorial Highway; and
HB2360 that would enhance protections for deployed military
servicemembers and their families.

This coming week the Committee has two hearings. The hearing Tuesday,
19 February, is for HB2212. This is a very important bill regarding the
Veteran Service Representatives that assist our Kansas veterans in
submitting their claims and navigating the bureaucracy of the federal
Veteran Administration system. They were once state workers, but are
now paid through a grant program to Kansas veteran service
organizations. This bill would amend and stabilize the grant program
with oversight of the Kansas Commission on Veteran Affairs. The hearing
on Thursday, 21 February, is for HB2303. This bill would allow a
veteran to have the designation of "Veteran" placed on their
driver's license if requested and would allow the drivers' license
bureau to share the list of veterans with the Kansas Commission on
Veterans Affairs so that they can better ensure our Kansas veterans are
receiving the services they earned.

Enhanced Penalties for Theft of Firearms

This week in Corrections & Juvenile Justice Committee our own
Leavenworth County Attorney and the Lansing Police Department will be
testifying on HB2278, a bill to enhance the penalties for theft or
burglary of firearms. Under current law, the theft of a firearm has the
same penalty as stealing a dvd player or bicycle. I have not heard the
proponents' testimony for the bill yet but as I see it, the state of
Kansas has very good laws on the sale of firearms, so thieves enable
criminals to circumvent our laws by not only obtaining a firearm
illegally, but also providing the stolen firearms to others who are
unable to purchase them legally or try to hide their purchase.

Proposed Cuts to our Corrections System

The Transportation & Public Safety Budget Committee worked the budgets
for the Department of Corrections, the Juvenile Justice Authority (JJA),
and all their facilities. After representing our corrections facility
community and serving on the Corrections & Juvenile Justice Committee
for several years, I have heard the concerns of our Corrections officers
and have seen the effects of our budget cuts on our Corrections systems.

This committee voted 7 – 2 to make some significant cuts to our
corrections system. It actually recommended to spend $0 (nothing) on
highschool education for juveniles in detention, cutting personnel
positions in JJA (after we received the legislative audit last summer
about the dangerous personnel shortages and turnover) and not to fund
the two psychologists for intensive sex offender programming (which
means juvenile sex offenders will be released into our communities with
no treatment). Rep Clayton from Johnson County and I were the
dissenting votes. The committee recommendation also cut offender
rehabilitation programs in half and the Kansas Sentencing Commission's
program for substance abuse treatment programs that are mandated by
Kansas statute and were expanded by the legislature last year, by
$198,000.

Kansas used to be a leader in low recidivism rates and emulated by the
rest of the country, but we have now eliminated almost all of our
offender and reentry programs over the last 4-5 years. The Secretary of
Corrections described the situation by saying that these programs have
been cut so severely that if we cut anymore it may actually raise the
cost of trying to keep them going. Lower recidivism means more
offenders behaving once they are released and hopefully becoming
contributing members of society. It means less victims because the
released inmates do not reoffend (commit a new crime). It is less cost
for court proceedings and it is huge savings of less people in prison.


Interesting Bills Awaiting Debate in the House

The number of bills that have been passed out of committees to the House
as a whole for debate is growing. As I scan the list, I noticed some
that I have been hearing from home about and others that may interest
you. You can look them up at kslegislature.org and let me know any
input, suggestions or comments you may have: HB2118 - historic
preservation, HB2075 - disposition of abandoned property, HB2037 –
religious displays on public property, HB2095 – term limits for the
members of the ethics commission, HB2221 – the equal access act,
HB2112 – the use of unexpended campaign funds, HB2153 – disposition
of unused medication, are just a few. There are a couple of bills that
directly affect our community: HB2109 – funding of education for
military pupils, and HB2135 – concerning property tax on military
housing.

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 on the 4th floor of the Capitol, Room
451-S. To write to me, my office address is Kansas State Capitol,
Topeka, KS 66612. You can also reach me at the legislative hotline,
1-800-432-3924. Additionally, you can e-mail me at
melanie.meier@house.ks.gov. And do not forget to 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.

Feb 10, 2013

Adventures in the Statehouse, Vol 2013 Issue 4

Melanie Meier's Adventures in the Statehouse
Kansas House of Representatives

Volume 2013, Issue 4: February 10, 2013

In This Issue

- State of the Judiciary
- Executive Reorganization Order No. 42
- Keep in Touch

State of the Judiciary

In past sessions, the House of Representatives has held a joint session
with the Senate to hear the Chief Justice of the Supreme Court present
the State of the Judiciary. This year the new Speaker of the House
denied the Chief Justice's request so we received the report in writing
and it was dated January 31, 2013. I have summarized some of the
report:

Chief Justice Nuss gave an update on "Project Pegasus," a two part
project designed to study the Kansas Judicial system and make
recommendations on efficiency. The first part was a weighted caseload
study to measure the actual workloads of all Kansas district courts and
services. The Judges and employees kept track of their tasks and how
long it took to perform them. The second part was a Blue Ribbon
Commission, made up of 24 Kansans of various professions, that reviewed
the caseload study and Judicial operations across the state in order to
make the recommendations. The Project was completed last year.

The Chief Justice stated that the study showed Kansas has the correct
number of Judges to handle the caseload, but they are not in the most
efficient locations. There is a Kansas statute that requires at least
one judge to live and work in each county, so some Judges are under
utilized in counties with lower populations. The Judicial branch
requested legislation last year to allow them to manage the judges and
locate them where they are best utilized, but the legislation failed.
This year they are asking for the legislature to create and fund the 22
new judges and staff that are needed to complete the caseloads in the
most populated counties, since they cannot move them around.

The study also showed the possibility of better efficiency by using
electronic filing of documents, so pilot projects were started in
Douglas, Leavenworth, and Sedgwick Counties. The Judicial Branch's goal
this year is to centralize this "e-court" system and to use it statewide
in order to allow court personnel to work on cases anywhere in the state
enabling Kansas to keep all 105 county court clerk offices open and
utilized. The pilot program was paid for using a Justice Assistance
Grant at no cost to Kansas. In 2012, the Judicial branch had asked the
legislature for the ability to raise the $2 million necessary to pay for
a statewide system by assessing fees on the users of the system. That
legislation also failed.

The Chief Justice described other cost saving measures the Judicial
Branch has implemented:
- The Court of Appeals has started using video conferencing instead of
personal appearances for certain activities in order to save travel
costs
- The Court of Appeals is developing a program for mediation of appeals
in order to save time and money, plus reduce of the number of cases that
go to court
- The Supreme Court has partnered with KU Law to allow students to
perform legal research. This allows research at no cost to Kansas and
gives the students experience.

He closed by stating that the U.S. Chamber of Commerce has ranked the
Kansas courts 5th among the states for their liability system that makes
Kansas more business friendly. He warned that an inadequately funded
court system will cause Kansas to drop in its national rankings and
affect our competiveness in attracting new business.

Executive Reorganization Order (ERO) No. 42

We heard and discussed the Governor's ERO 42, in the Corrections &
Juvenile Justice Committee this week. It is the order to move the
Juvenile Justice Authority under the Department of Corrections.

The proponents were the Secretary of Corrections and the Acting
Commissioner of the Juvenile Justice Authority (JJA). They stated that
the motivation for the move is public safety and not efficiency. There
was a Legislative Post Audit of the JJA last year that produced some
alarming findings about the security posture of the facility in Topeka.
The Department of Corrections stepped in to help remedy the situation by
providing the current Acting Commissioner and supporting her with
equipment and measures such as search dogs. They testified that they
already share some training and the Information Technology Department
and could possibly save money through sharing health care and food
programs. The Secretary of Corrections stated that he intends on
keeping the budgets separate and that he cannot transfer personnel
between the two because the training to work with juveniles is so
specialized. They also stated that 9 other states have their JJA work
under the Department of Corrections, and the Juveniles would just be
another specialized population that the Secretary would be responsible
for.

The opponents were a Senator that was in the legislature when the JJA
was formed, a Representative that has worked on the joint commissions
for corrections and juvenile justice and the KS Association of Counties.
The KS Community Corrections Association stated that they were a
proponent, but started their testimony by saying that they were under no
illusion that the ERO would be defeated and feared that the JJA programs
are more likely to succumb to future budget reductions if they are under
the Department of Corrections. The opponents testified that the
legislature spent several years studying evidence based on research by
experts in working with juveniles when they formed the JJA and that this
move does nothing to fix the public safety issues addressed by the
audit. They pointed out that both the proponents testified that they
had already remedied the issues identified in the Legislative Post Audit
report, which were attributed to hiring underqualified and unqualified
individuals to lead the JJA, large funding cuts, and inequities in
salaries. The opponents testified that the juvenile and adult systems
are two very different cultures that juveniles are much more than just a
specialized population. The opponents stated that this ERO was just a
"knee jerk reaction" to bad audit findings, with no input by the
stakeholders and the only proponents work directly for the Governor.

Keep in Touch

I am privileged and honored to be your voice in the Kansas Capitol. You
can track my activities on my website www.meier4kansas.com, my Facebook
page www.facebook.com/Meier4Kansas, and Twitter
www.twitter.com/melaniemeier.

If I can ever be of assistance to you, please feel free to contact me.
My Topeka office address is Kansas State Capitol, Topeka, KS 66612. You
can also reach me at the legislative hotline, 1-800-432-3924 or e-mail
me at melanie.meier@house.ks.gov.

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.

Feb 4, 2013

Adventures in the Statehouse Vol 2013 Issue 3

Melanie Meier's Adventures in the Statehouse
Kansas House of Representatives
Volume 2013, Issue 3: January 28 – February 1, 2013

In This Issue

- Kansas Day
- Veterans, Military & Homeland Security
- Corrections & Juvenile Justice
- Health Exchanges
- Transportation & Public Safety
- Keep in Touch

Kansas Day

Tuesday was Kansas' 152nd Birthday. As we celebrated 152 years as a
state, action in the Capitol picked up with hearings and voting in the
separate chambers. The new legislators jumped right into all the
protocol and procedure – sink or swim!

Our own Leavenworth County Attorney, Todd Thompson, was in the Capitol
to testify before the Senate Judiciary Committee this week. He
introduced a bill through the Kansas District/County Attorney
Association to make it a crime to possess with intent to distribute
someone else's prescription drugs. This bill is in response to the
growing national trend of "pharm" or "skittles" or "trail
mix" parties. At these parties multiple types of prescription drugs
are combined in a bowl or bag and then taken randomly (often with
alcohol) to just see what happens. As the drugs are only prescription
drugs and not on the controlled substance schedule, there is no law
against providing them to others.

Veterans, Military & Homeland Security

We had some great testimony this week. We heard from the Kansas Center
for Safe and Prepared Schools and the Kansas Commission of Veteran
Affairs. We had hearings on HB2077 and HB2078, which are bills that
would help translate military training into civilian education
requirements. Many military occupational specialties require more
training than the civilian equivalents professions, so this bill could
aid many unemployed veterans in getting to work soon after their release
from the military without having to repeat training in the civilian
education system. The national rate of unemployment for veterans is
twice the rate of others, so this is a priority issue.

We also introduced a number of bills including the following issues:
- Creating a disabled veteran owned business preference in state
contracting
- Expanding protection from foreclosure for deployed service members
- Allowing veteran service organizations to have slot machines in their
facilities (the Darlene Kenny Memorial Bill)

Corrections and Juvenile Justice

The committee was assigned the Governor's Executive Reorganization
Order to combine the Department of Corrections and the Juvenile Justice
Authority. We will have a hearing over several days next week to decide
if the committee agrees. An ERO will automatically go into effect if
neither the House nor Senate disapproves. February 7th is the deadline
for submitting a resolution to disapprove.

This week we had several hearings on various issues including:
- HB2034, that would create a new type of search warrant for law
enforcement's use of GPS tracking devices in investigations.
-HB2044 would create 2 new crimes of distribution of a controlled
substance that causes great bodily harm and the distribution of a
controlled substance that causes death. The premise behind the bill is
that anyone who is distributing drugs illegally is acting recklessly.
The opponents stated that the law would place all the blame of a tragedy
on the person who distributed the substance, no matter the
circumstances.
- HB2043 brought in the TV cameras. It proposes creating 2 new crimes
of aggravated battery by DUI. Several District Attorneys testified that
there is a gap in the penalties between manslaughter by DUI and the
Class B misdemeanor of DUI. This bill would make a DUI in itself a
reckless act, therefore if anyone suffers severe bodily harm as a result
of a DUI the driver would be charged with aggravated battery.
- HB2065 creates the crime of home improvement fraud. It targets "fly
by night" operations that take a homeowners money with no intent to do
the work. We heard this bill last year in Judiciary Committee.
- HB2080 is another bill we heard in Judiciary last year. It would add
the intent to commit various domestic offenses, such as the violation of
restraining orders, to the crime of burglary. Burglary is the crime of
breaking and entering with the intent to commit further felony crime.

Health Exchanges

With open enrollment for the new Kansas Health Exchange just around the
corner (October 1, 2013), the Kansas Health Institute was here to give
legislators an idea of what it will look like. They explained that
starting in 2014, there will be no more exclusions for pre-existing
conditions. Your premium rates will be based on 4 factors: your age,
family status, geographical location and tobacco use. They said that
there will be 3 risk adjustment programs at first, to mitigate all the
new rules going into effect at once. The federal statute calls for 10
categories of essential health benefits that must be included in all
insurance plans, so the Kansas Health Institute is using the Kansas Blue
Cross and Blue Shield plan as a benchmark. As Blue Cross & Blue Shield
is the largest plan in Kansas and already has 8 of the 10 categories,
they believe it is the best system to estimate what the new plans and
cost will be. The only 2 categories that have to be added are pediatric
dental/vision benefits and habilitative services. To see what the
exchange will actually look like, there are now videos on the internet
that you can watch at http://www.youtube.com/user/CMSHHSgov.

Transportation & Public Safety Budget

We heard from various agencies this week in preparation to going through
their proposed budgets next week including: the Kansas Highway Patrol,
Department of Corrections, Juvenile Justice Authority, Board of
Indigents' Defense Services, Kansas Bureau of Investigation, State
Fire Marshal, and Department of Transportation. These are just some of
the 17 budgets the committee is responsible for. The Speaker has set a
strict timeline to get the budget put together and we have a lot of work
to do in a short time. We also heard from the Department of Corrections
and the Juvenile Justice Authority and what they think of the
Governor's Executive Reorganization Order to combine them. They
briefed their plan, so I had a short pre-view of the agency view of the
ERO prior to our hearings next week in Corrections & Juvenile Justice
Committee.

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 on the 4th floor of the Capitol, Room
451-S. To write to me, my office address is Kansas State Capitol,
Topeka, KS 66612. You can also reach me at the legislative hotline,
1-800-432-3924. Additionally, you can e-mail me at
melanie.meier@house.ks.gov. And do not forget to 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.