Budget

As a result of a national economic recession, the Kansas Legislature spent the entire 2009 session grappling with a devastating budget shortfall.

It is never easy to cut programs and services, but the financial crisis we faced this year was severe and immediate.  Several proposals surfaced throughout the session to shore up the budget gap, but many of them failed to embrace a spirit of “shared sacrifice” and cut too deeply into public schools and services for the disabled.  It took a significant amount of time and compromise to finalize a budget that included provisions that were important to both sides of the aisle.  In the end, we were able to approve a combination of proposals that resolved the deficit, protected vulnerable citizens as much as possible and provided $96 million in tax cuts during the next fiscal year.  Although we were forced to make cuts, the budget we approved was the best choice for Kansas families and communities.  The FY 2010 budget bill that I supported:

• Reduced cuts to public education from 4.75%to 2.75%.
• Reduced cuts to state agencies from 5%to 2.75%.
• Prevented further cuts to human service caseloads.
• Provided $96 million in tax cuts

Although this budget is far from perfect, I am very proud of the Legislature’s good-faith effort to protect our most important investments.  The bipartisan coalition that approved this budget was able to save schools, universities and our most vulnerable citizens from crippling cuts that had been proposed in other bills.  Kansans should be pleased that a bipartisan agreement was reached so that the state can continue to efficiently provide the services that all citizens rely upon, especially in tough times like these. 

Driving age increased

The Legislature approved a bill this session which will rise the minimum age for obtaining an unrestricted driver’s license to 17 and impose more limits on the state’s least experienced motorists.  Kansas becomes the 49th state to adopt a graduated license program, leaving North Dakota as the lone state out of step. The bill applies to teens that enter the Kansas licensing system after Jan. 1, 2010.  The new law also prohibits teen drivers' use of cell telephones until after completion of a six-month probationary period featuring restrictions on late-night driving and vehicle occupancy. An exception is made for reporting emergencies.

Privileges under these licenses now will be limited for six months; during the probationary period no more than one non-sibling passenger under 18 can ride with these teen drivers and the teens can drive only to or from work and school from 9 p.m. to 5 a.m. In most cases, a full, unrestricted license would only be available to teens after turning 17, although, for practical purposes, full privileges might be achieved as early as the age of 161/2 years old if the driver satisfactory completes all requirements.

The existing restricted driver’s license statute in Kansas is not changed by House Bill 2143.  Anyone completing a driver’s education course can get a restricted license at age 15.  Holders of a restricted license can drive unsupervised to and from work or school.  These teens can transport siblings and adult passengers, but not non-siblings under age 18.  A learner’s permit is still available at age 14, and a learner/driver still will have to be accompanied by someone 18 years of age or older when driving. The new law requires a learner to drive with the permit for 12 months before obtaining a restricted or full license.

This legislation will make our roads safer and our teen drivers more prepared.  Parents can, hopefully, feel a little bit better about handing over the keys to their children. States adopting similar graduated licensing systems have experienced 20 to 50 percent declines in teen vehicle accidents.

Kelsey’s Law

In 2007, the parents of murdered teenager Kelsey Smith pushed for legislation that would require telecommunications companies to release GPS information on missing persons.  In the summer of 2007, 18-year-old Kelsey Smith was abducted while returning to her car in a Target parking lot in Overland Park.  She was brutally raped, murdered, and abandoned at a nearby lake.  Unfortunately, it took days to find Kelsey’s body because telecommunications companies would not immediately release GPS information associated with Kelsey’s cell phone.  Once authorities did receive the information four days later, they located her body within 45 minutes.

Kelsey’s Law clarifies Kansas statute to allow for the disclosure of location information to law enforcement agencies.  It allows cell phone carriers to establish their own protocols for disclosing call location information, and would require the Kansas Bureau of Investigation to collect and distribute contact information for cell phone carriers.

Although the change in law would not have saved Kelsey Smith’s life, it is hoped that this will help find missing persons much quicker in the future.  As passed, it would require a request for location information prior to its release to a law enforcement official or agency, specify that location information be released in cases where there is danger of death or serious injury, and prevent a cause of action against a cell-phone provider who gives information in compliance with this act.

Kansas is the first state in the nation to enact legislation of this nature.

Energy compromise

The question of whether to approve legislation that would allow Sunflower Electric Company to construct two coal-fired power plants in Holcomb derailed the 2008 legislative session and became an issue of political tension last year.  Although the issue did surface again in 2009, Governor Mark Parkinson negotiated a settlement with Sunflower Electric late in the session.

In simplest terms, Sunflower will be allowed to build one coal plant (rather than two) under stricter guidelines, and in exchange for the most aggressive renewable energy legislation passed in Kansas history.   It is also possible that the plant will never be built because of several overriding issues.

First, the major lending banks at the first of the year have clearly stated they are not going to lend monies for new coal plants at this time.  Only if the builders currently have the money on hand will there be financing available.  Secondly, Sunflower has to now apply for a permit with the EPA.  There are certainly no guarantees that a permit will be allowed.  Any new regulations that are currently being proposed by the EPA will become part of the permit restrictions which will certainly increase the cost of building a plant.  The earliest any decision will be made is in about 18 months and there are NO guarantees at this time.

House Bill 2369 includes net metering for consumers on privately owned utility infrastructure which will enable consumers to generate their own electricity from renewable sources such as wind or solar power.  It also requires unprecedented carbon dioxide mitigation that should, over time, make statewide carbon dioxide emissions neutral through the advancement of renewable alternatives (Previous proposals allowed for 11 million tons of CO2 emissions, with no mitigation).  Additionally, the bill requires 20% of electricity be produced by renewable sources by 2020.  This removed a major barrier to private investment in wind and solar energy in Kansas.  The renewable portfolio standard has already paved the way for the first wind component manufacturing plant to be located in Hutchinson, Kansas, creating 400+ jobs.

Our RPS (Renewable Portfolio Standards) had been placed on hold for the last two sessions because of the coal plant, and no new legislation was accomplished.  Now, transmission lines will start to move forward.  Out-of-state companies will now look to re-locate in Kansas because of our renewable position, and we can start to put Kansas on the map for wind and solar energy.

While there were certain parts of the bill I did not like, the opportunity to move forward with transmission issues, wind and solar energy opportunities, and true net metering were strategic in us moving forward.

I appreciate the tremendous amount of feedback I received from you on this issue over the last several months.  I was pleased that our new governor was able to come to the table and negotiate a compromise that both sides of the aisle could be comfortable supporting.  This agreement sets the right course for the future direction of energy policy in our state, while still providing for today’s baseload energy needs.

Kansas workers finally get a raise

For the first time in over 20 years, Kansas increased its minimum wage standard from $2.65 to $7.25 per hour, in accordance with federal law.  Before passing this increase, Kansas had the lowest minimum wage in the nation, at only $2.65 per hour.  The last minimum wage increase was approved more than 20 years ago, in 1988.  Approximately 20,000 Kansans work for this rate, which even at 40 hours a week keeps the worker well below the poverty line.

The new wage rate will take effect on January 1, 2010 and will rise in conjunction with federal standards through the Department of Labor from now on, preventing it from ever again going stagnant for decades at a time.  The increase will not apply to workers receiving tips and gratuities (such as servers and bartenders).  Instead the increase would apply to employees of businesses that are not a part of interstate commerce.  This includes workers in about 20 job classifications, including workers on small farms, in small industries, child care facilities, and in companion care.

A wage increase will allow for a more self-sufficient citizenry, consumers with greater purchasing power, a more motivated and productive workforce, more cash flow in the local economy, new jobs and new businesses through a multiplier effect, and a healthier tax base.  It will also generate $3.6 million in revenue for the state in FY 2010.   The minimum wage as it currently exists would perpetuate a state economy with 12.4% of the population living in poverty, which leads to family instability, a strain on social service agencies, a higher cost of doing business from turnover and absenteeism, and a low tax base.

This is not merely an economic issue, however.  The Kansas Department of Labor estimates that most of the 20,000 Kansans earning less than the federal minimum wage are not teenagers, but heads of households and providers, and are disproportionately women.  This is a moral issue for those Kansans struggling to provide food and shelter for their families, many working multiple jobs to do so.  Kansas has always been a place that honors hard work.  If workers are willing to show up and do their job as best they can- even in the direst of circumstances- they deserve a wage that dignifies their effort and commitment to their families.

Unemployment insurance gets a boost

The American Recovery and Reinvestment Act provided many critical lifelines to Kansas this year, including a $69 million boost to the Unemployment Insurance Trust Fund.  House Bill 2374 makes a few changes to state statute that will expand unemployment benefits to Kansans struggling to make ends meet.  This bill is a big win for both workers and businesses.  The money will strengthen the unemployment insurance trust fund which is helping so many families who have recently lost their jobs.

Additionally, it is $69 million that we can take off employers’ tabs for unemployment insurance.  Every penny in the UI Trust Fund earns approximately 4.82 percent in interest.  The money we’re drawing down through this bill will accumulate approximately an additional $24 million until the money is exhausted.  The sooner we get this stimulus money to Kansas, the sooner we can reinstate tax breaks to businesses across the state.

The entire state has felt the burden of the economic downturn, with some of the state’s largest employers significantly scaling back personnel.  Throughout the last few months we have seen mass layoffs at Cessna, Hawker Beechcraft and Boeing in Wichita, Goodyear in Topeka, and General Motors in Kansas City.  We are experiencing the highest level of unemployment in Kansas that we have seen in over 25 years.  This results in a tremendous increase in unemployment claims.  House Bill 2374 will allow us to help those Kansans pay for basic necessities during these difficult economic times.

Federal stimulus bill good for Kansas

There has been a great deal of focus on the federal stimulus bill recently signed into law by President Obama.  For Kansas, this aid was a lifeboat during a budget year that otherwise would have drowned us.  Every state service took a cut amid this financial crisis, but the funds we received from the American Recovery and Reinvestment Act prevented devastating reductions, and will in turn help avert damaging, long-term effects that would have resulted from those additional reductions.  AARA not only saved the Legislature from being forced to consider a tax increase, it allowed for tax breaks and helpful tax credits that will get the economy back on track.

In addition to helping shore up Kansas’ budget gap, AARA is providing for a number of transportation projects and competitive grants in a variety of fields that will both save and create new jobs in the public and private sector.

Governor Parkinson has launched a new web site which includes information on AARA as it pertains to Kansas: www.governor.ks.gov/Recovery.

Financial literacy becomes part of public school curriculum

Under new legislation passed this session, the Kansas Board of Education will develop state curriculum standards for personal financial literacy for all grade levels within existing mathematics or other appropriate subject matter curriculum (such as family and consumer sciences or accounting).  The State Board will also begin encouraging school districts to select textbooks that contain substantive provisions on personal finance.  In addition, questions relating to personal financial literacy will become part of statewide assessments for mathematics or social studies when state assessments are next updated.

In this difficult economic time, many Kansans have lost their homes and their incomes.  Although many are victim of uncontrollable circumstances that they could not have avoided, many are suffering the painful consequences of poor financial decision-making.  The fall of the subprime lending market demonstrates the critical importance of providing young people with the skills needed to become responsible money managers.  Financial education will be critical to avoiding future economic crises such as the one we currently face.  It is encouraging to pass legislation that makes this a priority.

Lingering in passing lane now prohibited

Beginning in July, it will be illegal to drive in the passing lane.  For highways that are located outside the city limits and have two lanes of traffic proceeding in the same direction, all vehicles must travel in the right lane.  A driver may only drive in the left lane when passing another vehicle, preparing to make a left turn, directed by official traffic-control devices, or required by other provisions of the law.

If the highway is located outside of city limits and is divided into three more lanes of traffic proceeding in the same direction, then vehicles must not travel in the far left lane unless one of the above provisions applies.  These changes would not apply to emergency vehicles, law enforcement, the Kansas Turnpike Authority, or the Kansas Department of Transportation vehicles.

Until July 2010 motorists will only receive citations for violation of the law.  Beginning FY 2011, violators will be charged a $60 fine.

It is hoped that this legislation will lead to more orderly traffic and prevent road rage from drivers frustrated by non passing vehicles lingering in the left lane.

Health care expanded to 8,000 Kansas children

The Legislature made a promise last year to provide more Kansas kids with health care at a price their parents could afford, and this year I was proud to support a budget amendment that delivers on that promise.

HealthWave – the state children’s health insurance program – can now help 8,000 more uninsured Kansas children get the preventive care they need to keep childhood illnesses from becoming costly medical problems.  This is an important step toward keeping Kansas children healthy and offers an economic lifeline for Kansas families struggling in this economy.  Additionally, this measure will help our local hospitals and health care clinics by lessening the burden of uncompensated care, which in turn helps to keep private insurance premiums down.

Many federal officials and economists have agreed that our economic status as a country will not improve until health care becomes more affordable and accessible to all citizens.  Some of America’s health problems require a federal response, but helping uninsured children gain access to affordable health care is a problem we can solve cost-effectively on the state level, while saving significant cost to all stakeholders.

House bill protects consumers

The Fair Credit Reporting Act will increase the consumer’s ability to place a security freeze on credit reports.

Currently, only victims of identity theft have the authority to freeze their consumer reports, but this legislation will expand the right to all consumers.  House Bill 2292 deletes the requirement for a police report or identity theft and enables consumers to request a security freeze by mail, through a secure website of the consumer reporting agency, or by telephone  The agency may charge a fee of $5 or less for placing, temporarily lifting or removing each freeze.  No fee can be charged to a documented victim of identity theft.

The freeze will prohibit credit reporting agencies from releasing the credit report or credit score of the consumer, allowing individuals to take control over who is allowed access to the personal and financial information.  Within 10 days of placing a freeze, the agency must issue a personal identification number to use like a password if you choose to remove the security freeze from your file or authorize the temporary release of your credit report for a specific person or period after the security freeze is in place.  Each agency must place a security freeze on a consumer report no later than five business days after receiving your request.  They must lift a freeze within three days if requested by mail and within 15 minutes when requested electronically.

With so many losing their jobs and struggling to make payments, it is especially important to empower consumers and help them get back on their feet.  This legislation is also very timely as Congress works to advance a “Consumer’s Bill of Rights.”
The House Corrections and Juvenile Justice Committee held a hearing on House Bill 2235 on Thursday, which proposes to amend K.S.A. 8-1568, also known as the “Flee and Elude Statute.”

Crime bill passed

I was extremely pleased to support a comprehensive crime bill this session.  The legislation is a compilation of several amendments to state statute, all of which will increase law enforcement’s ability to better protect our communities and crack down on offenders.  The bill contains these basic provisions:

• Creates a special sentencing rule for a violation of battery on a law enforcement officer where injury occurs, making the sentence a presumptive prison sentence an removing the ability to appeal.
• Strengthens sentencing guidelines on drug manufacturing, drug trafficking, and some drug possession crimes if the offender carries, or discharges a firearm during the commission or furtherance of a drug crime.
• Creates the crime of unlawful conduct of cockfighting, classified as a class B nonperson misdemeanor.
• Creates the crime of unlawful conduct of dog fighting and unlawful attendance of dog fighting, classified as a class A nonperson misdemeanor.
• Amends the sentence for a third or subsequent drug felony conviction to clarify that that the term of imprisonment may be served in an intensive substance abuse treatment facility but is subject to appropriation.
• Adds an administrative driver’s license suspension for transporting a controlled substance or controlled substance analog in a vehicle.
  
• Amends the crime of fleeing or eluding a law enforcement officer by clarifying that the officer may be in appropriately marked vehicle or wearing official uniform.  Previously, offenders were able to circumvent the law in cases when an undercover officer was not wearing official uniform and was not driving an official vehicle.  This change closes that loophole. 
  
• Expands the definition of criminal threat and aggravated criminal threat to include to include the intent to cause, or recklessly cause, the lock down or disruption of regular, ongoing activities of any building, place of assembly, or facility of transportation. 
• Amends the burden of proof on a subsequent challenge to the defendant’s previously established prior criminal history.
• Extends the standard probation term for a drug felony from 12 months to 18 months.
• Delays the implementation of a statewide offender risk assessment analytical tool for community correctional service programs to July 1, 2011.
• Requires the Kansas Parole Board to make available to the newly created Joint Committee on Parole Board Oversight redacted documents, records, and reports concerning 30 cases selected by the Secretary of Corrections. A final report and recommendation of the Joint Committee would be required by January 1, 2010.
• Resolves conflicts in the recodification of drug crimes bill.

Other pieces of legislation

Below are some other bills that I did not include stories about in this document, but are of interest to some members and I didn’t want you to forget about (if you’re looking for topics other than what is included above).

• HB 2008- Allows epinephrine to be administered by someone other than a school nurse
• SB 168- Pay state employees first
• SB 19- Concealed carry by prosecutors
• SB 33- Statewide electronic logging system for sale of meth producers
• SB 84- LOB
• SB 225- KS Post Secondary Education Savings Program
• SB 212- Liquor Control Act
• S Sub for HB 2096- DUI Commission, stronger DUI penalties
• HB 2052- COBRA extension
• HB 2098- Rape Shield Law
• HB 2171- Vietnam War Medallion Program
• HB 2002- “military pupil count” amendments
• SB 108- Economic Revitalization and Reinvestment Act
• HB 2297- Medical Student Loan Program
• HB 2007- State Board of Regents to authorize the awarding of fellowships, scholarships to both undergraduate and graduate students.
• HB 2197- State Board of Regents standards for admissions
• HB 2142- Workforce Training legislation