E-NEWSLETTER
REPRESENTATIVE PAUL DAVIS
46TH DISTRICT
OFFICE:
Room T-5, 7th floor
Topeka, KS 66612
785-296-7642
davis@house.state.ks.us
DISTRICT OFFICE:
900 Massachusetts Street, Suite 601
Lawrence, KS 66044
(785) 843-7674
(785) 843-7672 (fax)
HOME:
1731 Indiana
Lawrence, KS 66044
(785) 749-1942
Greetings from the State Capitol! The Legislature is slowly getting into gear.
The House of Representatives took its first final action votes this morning.
Many committees have been busy with policy briefings and bill hearings, which
will result in more action on the House floor.
There are many discussions going on about how to address the Legislative Post Audit study of public education funding. It appears that all sides want to work together to find a compromise position and therefore avoid the hostile environment that marked last year's special session. I am hopeful that this notion will prevail.
As we get ready for Kansas Day, here are a few of the issues that are being
debating in Topeka:
This Friday, January 27, 2006, Kansas is celebrating its 145th birthday with a birthday party at the Capitol. Schoolchildren from across the state joined Governor Kathleen Sebelius this morning for cake and a birthday sing-a-long of the national anthem, "Happy Birthday to Kansas," and "Home on the Range." The party also included special guests and performances celebrating Kansas History.
The State Quarter Poster contest winners were recognized with a certificate. The quarter, which represents our state's heritage, traditions, past and future, was unveiled last fall at the Kansas State Fair.
Dennis Rogers, a Topeka teacher and Navajo storyteller and dancer, performed
a Hoop Dance during the ceremony. Rogers has traveled all over the world to
teach children and adults about Native American art and culture. Danni Boatwright,
a Tonganoxie native and Survivor: Guatemala winner, was also recognized by the
Governor and in the House of Representatives.
The House Select Committee on Education, which was formed last session to address
the school finance lawsuit, began meeting to discuss the results of the Legislative
Post-Audit study on school finance.
Meetings this week included discussions and testimony on special education weighting
findings in the cost study and findings on vocational education. Next week,
the committee will hear discussion on at-risk weighting, bilingual weighting,
and low-enrollment weighting.
The House Taxation Committee held hearings on the elimination of the property tax on new business machinery and equipment purchased on or after Jan. 1, 2007. The goal of this elimination is to encourage Kansas companies to invest in new technologies to better compete around the world. This proposal was made by Governor Sebelius and is supported by many members of the Kansas business community.
Opponents of this proposal fear that it will mean a drastic loss in revenue
for local governments and a shift of the burden to property tax on real estate.
The Committee is planning to vote on the bill next Wednesday.
The Legislature is once again considering a bill that would require children ages 4 through 7 to sit in a height-adjusting booster seat. Similar bills have failed for the last five years. Child booster seats are proven to increase safety by raising children up to a height where a seatbelt fits properly. The Kansas Highway Patrol has been urging passage of this legislation for the last five years.
Some legislators say that the public does not want this kind of legislation because they do not want any further government mandates. Currently, front seat riders are required to wear safety belts and children younger than 4 years of age must ride in a car seat. Children ages 4 to 13 are required to wear safety belts in the back seat. This bill would require children 4-7 to sit in booster seats until they are 8 years old, weigh 80 pounds, or are 4 feet 9 inches in height.
The data supporting this concept is very persuasive. I am hopeful this will
be the year that the Legislature finally takes action and passes this proposal.
This week, the State Finance Council Approved $210 million in additional bonds in March to complete the state's 10-year Comprehensive Transportation Plan (CTP).
The CTP was passed in 1999, but in crisis budget years, sales tax revenue was diverted to protect services to elderly citizens and schools. The plan was then restructured in 2004 to allow for additional bonding to complete the planned projects on time. One of the critical projects included in the CTP is the new Highway 59 between Lawrence and Ottawa, which the Secretary of Transportation has deemed as one of the most dangerous roadways in the state.
The State Finance Council includes the Governor, House and Senate Leadership,
and the chairsn of both chambers' budget committee. The bonding passed by a
vote of 8-1.
A bill, stemming from legislation I originally introduced in 2003, was heard in the House Judiciary Committee this past Wednesday. The bill would establish a process where judges are evaluated by lawyers, jurors, litigants and other parties that a judge comes in contact with. The evaluation data would then be published to voters before judicial retention elections.
All seven Kansas Supreme Court justices and 12 Court of Appeals judges, along with 88 of the 161 district court judges, are nominated by a non-partisan process and appointed by the governor. They then are placed on the ballot at the end of each term and the voters vote whether or not they should be retained in their judicial position. Supreme Court Justices have six-year terms; all others have four-year terms.
Under the proposal by the Kansas Judicial Council, the Council would appoint a 13-member Commission on Judicial Performance to establish the evaluation criteria. The recommendations would be then shared with voters in newspapers and on the internet and, possibly, through the mail
The evaluations would deal with such matters as integrity, impartiality, professionalism, administrative skills and temperament. The judges would get the information before it was made public. Only the results of evaluation of judges who stand for retention would be made public. Elected judges would also be evaluated but the results would be shared only with each judge. That way, the evaluation would be used by the judge to improve their performance but not become a tool for political ads in a contested election.
The proposal was endorsed unanimously by the Supreme Court, the Kansas Court of Appeals, the state district judges association, the Kansas Bar Association and other legal groups. The only concern voiced during the hearings on the bill was the source of funding for the evaluation system. The proposal is to be funded by increasing docket fees by $2 across-the-board, which would raise $770,000. It is estimated that it would cost about $100,000 to publish voters' guides and place newspaper advertisements to disseminate judge evaluation results. The rest of the cost is for developing the evaluation instruments, circulating them, tabulating them, as well as administrative costs for the Commission's operation.
Docket fees are paid by litigants who utilize the judicial system. Several conferees, including an organization of collection attorneys, stated that the system is for the benefit of the general public and should be supported by general revenue sources rather than by increasing the costs for those who use the court system.
Missouri, where all judges are selected with a non-partisan merit system and
stand for retention rather than elected, has had judicial evaluation by attorneys
for some time, but is now considering adding evaluation by jurors.
Senate Bill 62 received a hearing in the House Federal and State Affairs Committee this week. The bill helps Kansas grandparents to provide for the needs of grandchildren who would otherwise be placed in foster care.
* HB 2410 would provide grandparents with resources to care as foster parents for their grandchildren.
* This program would provide financial assistance to those grandparents whose incomes are less than 130% of the federal poverty limit
* This program would also provide parenting classes to grandparents to help them face the special challenges of being a foster parent
On Monday, Governor Kathleen Sebelius urged President Bush to fix problems with the new federal drug program for low-income senior citizens. "The time for all levels of government to act is now," Gov. Sebelius said in a letter, signed with 13 other governors, to Bush. "While well-intended, the new Medicare drug benefit has caused confusion, mismanagement and a bureaucratic nightmare," the letter said.
Nationally, thousands of low-income senior citizens have had trouble enrolling in the new Medicare Part D drug benefit program. Kansas Insurance Commissioner Sandy Praeger said Thursday that pharmacies have been unable to confirm coverage, refills have been limited and telephone lines have been clogged for hours to get information.
Pharmacists are spending hours on the phone trying to get their elderly customers enrolled so that prescriptions can be filled or refilled. The state has spent over $1 million to provide emergency assistance to pharmacies that were trying to fill prescriptions for seniors. Thousands of Medicare recipients have sought prescription drugs under the program since its start Jan. 1 only to encounter computer glitches showing they weren't enrolled. Sebelius ordered the state to pick up the tab for drugs until problems in the federal system were ironed out. The state received 14,000 claims in less than a week.
Most of the problems were with 42,000 low-income Kansans who were considered "dual eligible" for Medicare and Medicaid. All told, 402,000 Kansans are eligible for prescription drug coverage under Medicare. The federal health care program said Friday that 158,000 Kansans had enrolled as of Jan. 13.
Sebelius said the state would step in and help pay for medicine for beneficiaries
who were having trouble signing up for the program.
Meanwhile, the Bush administration has pledged to persuade the insurance plans
to repay those states that have jumped in to help. Health and Human Services
Secretary Michael Leavitt said Tuesday that 24 million people were now enrolled
in the plan and that "for the vast majority, it is working very well."
But he acknowledged there were "a couple of small groups it's not working
well for."
Governor Sebelius said she's worried that many seniors could choose the wrong prescription drug coverage because of confusion surrounding the federal Medicare program. Medicare began offering prescription drug coverage in November, with 42,000 poor and frail elderly Kansans automatically enrolled. An additional 360,000 seniors are eligible for coverage but must choose among 41 plans by May 15, or face financial penalties. Sebelius said during a Statehouse news conference that she's worried because from the first group of enrollees, the state has had 14,000 requests for assistance with prescriptions. Last week, the governor said the state could cover seniors' prescription costs if they were having problems getting enrolled or receiving benefits - a decision that already has cost the state $1 million.
To help Kansans get help with the Medicare prescription drug plan, Sebelius is devoting resources to increase the number of phone lines and volunteers at SHICK (Senior Health Insurance Counseling of Kansas), an organization seniors know and trust. Money will also go to help 17 local organizations and the long-term care ombudsman expand the help they're already giving seniors. These local groups include SHICK sponsoring area agencies on aging and county extension services.
Seniors have until May 15 to enroll in a plan. Additionally, 40,000 Kansans are eligible for both Medicare and Medicaid. They were automatically enrolled in a plan as of January 1, but have the option of re-enrolling in a different plan monthly if they choose. Help for both groups of Kansans will be provided through the Governor's initiative. To get help enrolling in a plan, you can call SHICK at (800) 860-5260 and talk to a trained volunteer in your area who can help you find out which option is best for you or your loved one. Pass this information on to your neighbors, friends, employees, and family members.
For the first time in 30 years, the public can climb up the 296 steps to the top of the Capitol Dome. These tours were previously only open to special invited guests of legislators, but now the Kansas State Historical Society is offering tours of the dome 6 times per day during the legislative session.
The tour takes visitors up to the fifth floor of the capitol, up past the 7th
and 8th floors, which brings visitors above the glass inner dome and under the
copper dome 75 feet above. The tour ends on the observation deck that rings
the cupola atop the dome where visitors can enjoy 10 miles of visibility. This
is really a spectacular tour and I would urge anyone coming to Topeka to take
advantage of it.
Tour Information
Dome tours conducted at: 11:45 am, 12:15 pm, 12:45 p.m., 1:15 pm, 1:45 pm,
and 2:15 pm
Monday - Friday
January - May
Cost: Free during scheduled times
Maximum group size: 30.
Reservations accepted. Walk-up visitors will be accommodated as space is available.
Scheduling: Call 785-296-3966, or email: capitol@kshs.org.
Every legislative session, I am assigned several dates to have pages at the Capitol. If you have a son or daughter or know of another child who would like to be a legislative page, please contact me. Pages must be at least 9 years old.
The dates which I need pages are on February 13th and March 29th. It is really a terrific experience. One of my fondest childhood memories was being a page for former State Representative Betty Jo Charlton. The experience really helped spur my interest in government.
It is a special honor and privilege to serve as your voice in the Kansas House
of Representatives. I value and need your input on the various issues facing
state government. Please feel free to contact me with your comments and questions.
My office address is Room T-5, Docking State Office Building, Topeka, KS 66612.
You can reach me at (785) 296-7642 or call the legislative hotline at 1-800-432-3924
to leave a message for me. Additionally, you can e-mail me at davis@house.state.ks.us.
You can also follow the legislative session online at www.kslegislature.org.
Paul