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E-NEWSLETTER
REPRESENTATIVE PAUL DAVIS
46TH DISTRICT

OFFICE:

423-South, State Capitol
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

LEGISLATURE ADJOURNS UNTIL VETO SESSION

March 27th through the 31st was the last week the Legislature will meet before a three-week recess. When the Legislature returns at the end of April, vetoes will be considered and the final budget proposal will be considered. Additionally, and perhaps most importantly, the Legislature will grapple with school finance. I am disappointed that the Senate was unable to pass a school finance plan yesterday. Hopefully they can regroup and pass a plan similar to the House plan when we return for the veto session. If this does not occur, the Legislature could be faced with a special session. Given what occurred last year, I don't believe anybody wants to see the Legislature have to return during the summer for a special session.

Here's an update on some other happenings in the Legislature:

UNIVERSITIES MAY GET INTEREST FUNDING

Rep. Bill Feuerborn (D-Garnett) placed an amendment on SB 85, a bill dealing with tuition for children who reach adulthood while in the foster care system. The measure would allow public universities to keep the interest earned on money received in tuition and student fees. The money currently goes into the state's all-purpose, general revenue fund. The bill passed unanimously.

As the state's share of funding for higher education institutions has decreased, Universities have been pushing to keep the interest funds for years. KU Chancellor Robert Hemenway said if the funding made it through the Legislature, it could be used for any number of items, including helping to pay for recent storm damage at KU, making needed repairs delayed over the years, and increasing financial assistance to students. The amount of interest would total $3.3 million for KU and $337,000 for KU Medical Center.

The measure will likely go to a House-Senate conference committee for more work.

Several amendments were offered to mandate how universities could spend the money. One would have required that the funds be used for tuition assistance. Another amendment would have required the schools to start paying for deferred maintenance projects with the funds. Universities have a backlog of $586 million worth of repair projects. They were all defeated.

VETERAN'S BILLS PASS THE HOUSE

The House this week approved two items pertaining to Kansas veterans.

House Sub. for SB 396 directs the Kansas Commission on Veterans' Affairs to establish and administer a veterans claims assistance program to be implemented through annual grant agreements with veterans service organizations.

The bill would indicate that money appropriated to veterans service organizations be used only for salaries, wages, related personnel costs, training and equipment for veteran service representatives, necessary support and managerial staff.

The bill now returns to the Senate for consideration.

HB 2894 would exempt veterans residing in Kansas from the required for a state hunting or fishing license issued by the Department of Wildlife and Parks for veterans. The bill would define a veteran as a person who was a member of the armed forces and who separated from the armed services under honorable conditions.

An amendment offered by Rep. Steve Lukert (D-Sabetha), was added to the bill. It would allow active duty military personnel to purchase temporary hunting and fishing permits while in Kansas on leave. Some active duty personnel are concerned that they are currently required to purchase a full year permit, even though their time on leave may be limited

This bill will now go to the Senate for consideration.

LEGISLATION TO REGULATE EXOTIC ANIMALS RECEIVES HOUSE APPROVAL

SB 578, as amended, would regulate the possession and ownership of certain animals defined by the bill as dangerous regulated animals.

The bill would make it unlawful to possess, slaughter, sell, purchase or otherwise acquire a dangerous regulated animal including lions, tigers, leopards, jaguars, cheetahs and mountain lions or any hybrid thereof; bears or any hybrid thereof; and non-native venomous snakes.

On or after October 1, 2006, a person possessing a dangerous regulated animal, except non-native venomous snakes, would be required to be in compliance with United States Department of Agriculture regulations under the Animal Welfare Act.

The bill includes other provisions regarding the confinement of such animals and includes record keeping requirements for owners. The bill also stipulates that a person possessing a dangerous regulated animal would be required to maintain liability insurance coverage or secure a bond of at least $250,000.

The bill would provide exemptions from certain requirements for zoos accredited by the American Zoo and Aquarium Association, the Zoological Association of America, registered wildlife sanctuaries, the Kansas Department of Wildlife and Parks, persons issued a permit by the Secretary of Wildlife and Parks, licensed or accredited research or medical institutions, and USDA licensed exhibitors.

This bill resulted from the death of a high school student who was killed while having her picture taken with a tiger at a Labette County animal sanctuary.

SEX OFFENDERS BILL REMAINS IN CONFERENCE COMMITTEE

House and Senate negotiators have hit an impasse over HB 2576, a bill mandating tougher penalties for sex offenders - especially those victimizing children. An agreement is expected soon, according to a chief negotiator. The two chambers disagree on the conviction process for adults convicted of violent crimes against children under age 14, including rape, aggravated sodomy and sexual exploitation of a child.

The Senate approved a minimum 25-year sentence upon first conviction, allowing trial judges to impose lesser penalties in cases with "substantial and compelling" reasons. The House requires for the same sentence, but lets prosecutors decide whether to seek it. Both chambers agree that multiple offenders should receive life without parole upon a third conviction.

Under the House's version, a prosecutor could decide whether to seek the "hard 25" for a first or second offender. If sought, and the defendant is found guilty, the jury then would consider aggravating and mitigating evidence before imposing the sentence. The three senators and three House members making up the negotiating committee decided the sentencing issue was a sticking point and moved on to other legislation.

Private prisons are another sticking point in the conference committee. Legislators opposed to private prisons don't want that provision attached to a bill addressing sex predators. They believe the two issues should be voted on separately because they are so distinct.

When the Senate considered the House-passed sex offenders bill, it substituted its bill and added language allowing the operation of private prisons in Kansas under the supervision of the Department of Corrections. That amendment has had no hearing in either house.

Normally, a conference committee report must be signed by all six negotiators before being presented to the Legislature. By going through the step of "agreeing to disagree," it takes only four negotiators to make the report a reality. Because conference committees contain four Republicans and two Democrats, three Senators and three House members, passing an "agree to disagree" allows a conference bill to come up for a vote with only four of the six members. The motion to "agree to disagree" failed in the House, so the conference committee will have to reach a unanimous decision.

The bill is commonly known as "Jessica's law," referring to Florida's Jessica Lunsford, a 9-year-old girl killed last year by a convicted sex offender, which has prompted similar legislation in Kansas. Jessica's father has been pushing for similar legislation across the country.

Under the bill, once-convicted sex offenders are released after serving their full sentences, offenders face a lifetime of parole and wear a Global Positioning System monitoring bracelet so their movements can be tracked. Those convicted a second time, no matter the victim's age, face 40 years in prison, and third-time offenders receive life with no possibility of parole. Convictions before the law goes on the books are counted toward the total.

Corrections officials estimate the increased penalties would generate the need for an additional 1,000 prison beds by 2016.

EMINENT DOMAIN BILL PASSES HOUSE

The Kansas House of Representatives passed a bill addressing increased concerns about the use of eminent domain by cities and counties. A similar provision failed to pass the House in the form of a constitutional amendment earlier in the session.

The bill would require cities and counties to obtain legislative approval before using eminent domain for economic development purposes. Cities would not have to come to the Legislature in cases where a property has a clouded title or a building is uninhabitable by humans. The House amended the bill with a provision ensuring that homeowners who are forced to sell their properties under eminent domain proceedings receive 200 percent compensation for their land.

Traditionally, eminent domain has been used by cities and counties to take land from unwilling sellers for infrastructure projects, such as roads. Many people are concerned about eminent domain's increasing use for economic development purposes. Several projects across the state, including the Target Distribution Center in Topeka and the Kansas Speedway in Kansas City, have used eminent domain recently.

GAMING STILL POSSIBLE IN 2006 SESSION

Senate Minority Leader Anthony Hensley (D-Topeka) said yesterday that he is writing a revised gaming bill that would allow the construction of three casinos, including, for the first time in a bill this session, one in Sedgwick County, and installation of slot machines at four horse or dog racing tracks. The plan would generate $369 million in a three-year period to help pay for increased funding for public education within a balanced state budget.

Kansans currently have access to tribal casinos in Kansas and the casinos over the border in Missouri and Oklahoma. Many believe that Kansas currently experiences the social ills of gaming without reaping any benefit. Gaming probably won't be voted on again until the Legislature returns for the wrap-up session in late April.

A gaming bill failed in the Senate earlier this session. Twenty senators voted no, 16 voted yes and four abstained. Twenty-one votes are needed to pass a Senate bill. Senate President Steve Morris, who supported the original Senate measure, said there was no evidence gambling opponents had weakened their resolve.

Rep. Tom Burroughs (D-Kansas City) said Wednesday that he would push for development of a gambling bill in the House.

HOUSE PASSES WINE BILL

The House passed SB 297, allowing wine and liquor to be served at special events at the Kansas State Fair. Currently, only cereal malt beverage, also called "weak" beer, can be sold at the fair in designated beer gardens. Proponents of the bill believe this will allow Kansas wineries the opportunity to showcase their products at the Kansas State Fair.

The bill was also amended to allow wine to be shipped directly to consumers in the state. Opponents worry that liquor could wind up in the hands of minors if shipping companies are not diligent about checking identification. In order to ship wine into the state, a merchant must apply for a wine direct shipper license and all packages must be conspicuously labeled with the words''CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.''

The bill will now go back to the Senate for consideration. I have been a strong supporter of the ability for consumers to purchase wine directly from wineries in other states. I hope that the Senate will look favorably on the measure.

RACIAL BIAS IN JUVENILE JUSTICE

The House passed a bill unanimously that would expand the responsibilities of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention (KAG), to include the study of the effectiveness of juvenile justice programs in reducing racial, geographic and other biases that may exist in the juvenile justice system. The proposal enjoyed strong bipartisan support.

KAG would be required to annually report to the Commissioner of Juvenile Justice (Commissioner) which programs are effective in reducing biases in prevention, alternatives to detention and incarceration, and intake and assessment procedures. The bill also would expand the Commissioner's authority to make grants to qualified counties for the development, implementation, operation and improvement of juvenile community correctional services to programs to reduce racial, geographic and other biases that may exist in the juvenile justice system.

LAWS PASSED THIS SESSION

The following bills have been signed into law by Governor Kathleen Sebelius. Governor Sebelius will continue reviewing and signing legislation through the break.

SB 349

SB 349 ensures continued access to affordable telephone service for rural Kansans. Specifically, the bill continues the Kansas Universal Service Fund (KUSF) support for rural telephone companies. The KUSF is used to offset the cost of providing quality telephone service to all Kansans, regardless of where they live. The act acts will take effect after publication in the Kansas Register.

HB 372-Improving traffic safety through good visibility for drivers

SB 372 limits the maximum width of appurtenances or accessories attached to motor homes and travel trailers so they may not extend beyond the vehicle's rearview mirrors. Currently, the law places a 108-inch restriction. It will take effect upon publication in the register.

HB 2628-Saving Kansas money by extending the life of license plates

HB 2628 allows for a phase-in of new license plate designs. Currently, Kansas issues the same license plate for five years, with one-year extensions being granted for plates in good condition. The fiscal note for this bill reports phasing-in new plates over three years would result in a significant future savings - up to $4.5 million - when compared to current policy. This measure takes effect on publication in the statute book.

HB 2631-Recognizing firefighters' service with motorcycle license plates

HB 2631 recognizes firefighters' service to our communities by granting them a distinctive motorcycle license plate. Similar to the current firefighter license plate for cars and trucks, a Kansas resident who submits proof to the Director of Vehicles that the resident is a firefighter will be eligible to receive the motorcycle plate. This law will be in effect after publication in the statute book.

Firefighters plates for automobiles were introduced last November and quickly become the most widely used specialized license plates.

HB 2608-Transferring duties to the Health Policy Authority

HB 2608 bill requires the Health Policy Authority to use the Department of Administration's Office of Administrative Hearings to conduct adjudicative hearings under the Kansas Administrative Hearings Procedure Act. The agency would assume responsibilities currently belonging to Kansas Department of Social and Rehabilitation Services and Department of Administration. This law takes effect upon publication in the statute book

HB 2284-Breastfeeding bill

HB2284 reaffirms the ability of a mother to breastfeed in places where she has the right to be. The bill also creates a Kansas public policy statement that a mother's choice to breastfeed should be supported and encouraged to the greatest extent possible. In addition, it provides that the mother would be excused from jury service until she is no longer breastfeeding. The act will be in effect upon its publication in the Kansas register.

SB 373-Motor carriers

SB 373 is designed to ensure unsafe motor carriers are not allowed on Kansas roads. It implements the federal Performance and Registration Information Systems Management project in Kansas. The Kansas Department of Revenue will have the power to revoke or suspend the vehicle registration of commercial motor vehicles when PRISM notifies the state that the motor carrier responsible for a vehicle has been prohibited from operating in interstate commerce. The implementation of this initiative will be funded through grants from the federal government. This bill will take effect upon publication in the statute book.

Law dealing with notaries public

HB 2485 is a bill requiring notaries public advertising in a language other than English to make it clear they are not licensed to practice law. It requires individuals identifying themselves as a "notario publico" or any other equivalent non-English term to include the phrase "I am not authorized to practice law and have no authority to give advice on immigration law or other legal matters" in the same language in all advertising if the individual is not licensed to practice law.
Violation of the new law would result in the loss of notary certification for a lifetime, as well as a fine of up to $5,000 under the Kansas Consumer Protection Act. Additionally, the violation would be considered a class B misdemeanor, which is punishable by a jail sentence of up to six months and a fine of up to $1,000. The bill takes effect upon publication in the statute book.

Small Claims Procedures Act

HB 2704 raises the number of small claims that an individual can file in one year in the same court to 20 from the current level of 10. It will take effect after publication in the statute book.

Disposal of property owned by Board of Regents and state universities

HB 2574 would allow the Board of Regents and the state universities to dispose of property bequeathed to them without seeking authorizing legislation. This bill will take effect on publication in the statute book.

Amending law concerning drainage districts

SB 392 amends a law to allow drainage district directors to be either tenants or owners of land in districts located in counties with a population of 10,000 or fewer persons. This bill will take effect after publication in the statute book.

Amend adoption law relating to home study assessments

HB 2562 would amend adoption law by allowing a court waiver of an assessment of the advisability of the adoption. The waiver would require a petition by a relative of the child rather than only the child's grandparents, which is the current law. It will take effect after publication in the statute book.

Best interests of child considered when terminating parental rights

HB 2665 allows the court to consider and weigh the best interests of the child when addressing the termination of parental rights. The bill also allows for the consideration of the best interests of the child in stepparent adoptions involving a non-consenting parent. It will take effect after publication in the Kansas register.

Clarification of theft of services

HB 2606 would add the term "water" to the list of items subject to theft of services to the law concerning crimes and criminal procedure. Currently, the law protects only electricity, natural gas, and telephone or cable service under theft of resource. The bill also clarifies that rural water districts and rural electric cooperatives shall be considered public utilities. It will take effect after publication in the statute book.

Notification required when oil and gas spills occur

HB 2757 requires the Kansas Corporation Commission to adopt rules and regulations requiring operators of oil and gas wells to notify landowners of a spill which is also required to be reported to the Commission. It will take effect after publication in the statute book.

Enactment of the Nuclear Generating Facility Security Guard Act

HB 2703 enacts the Nuclear Generating Facility Security Guard Act, which states that armed nuclear security guards are justified in using physical force, up to and including deadly force, under certain circumstances. It also creates a new crime of trespassing on a nuclear generating facility. The bill will take effect after its publication in the statute book.

Changing effective date of certain fees under franchise ordinances

HB 2927 provides that franchise fees in newly annexed areas imposed by cities on electric and natural gas utilities would not take effect until 30 days after the city clerk provides the affected utility with a certified copy of the annexation ordinance, proof of publication of the ordinance, and a map of the city detailing the annexed area.

More time to be covered by protective orders

HB 2617 will help crime victims by expanding the range of time covered by protective orders, such as protection from abuse orders, restraining orders, or protection from stalking orders. Current law in this area only covers violations during pretrial release, diversion, probation, suspended sentence and post-release supervision. This bill expands that to include violations at any other time during a criminal case. This bill will take effect after publication in the statute book.

Expanding the KBI's missing persons database

HB 2626 expands the KBI database on missing persons to include an unidentified person database. The information will improve the ability of law enforcement officials to locate and return missing persons, identify persons or human remains, and inform family members. The collected information will be available to law enforcement officers, state coroners and state agencies with the need to know. The bill also ensures that law enforcement agencies investigating a report will not give information to the reporting party if there is reason to believe the missing person is staying at or has made contact with a domestic violence or sexual assault program or the missing person does not expressly consent to the release of this information.

Updating the Kansas Do Not Call Registry

SB 463 repeals the section of the Kansas Consumer Protection Act regarding the requirements of local exchange carriers and telecommunications carriers to notify residential subscribers of the opportunity to limit the telemarketing calls they receive by registering on the Kansas do not call registry. This bill provides the flexibility in responding to any future changes in the provider of the Kansas Do Not Call Registry.

Amending requirements for group-funded workers compensation pools

SB 515 amends the statutes regarding the application requirements for group-funded workers compensation pools. The bill allows adequate surplus funds, approved by the Insurance Commissioner, in lieu of the required confirmation of specific and aggregate excess insurance. The commissioner would be allowed to require an independent actuarial review of claims reserves as part of the review of surplus funds.

Changing requirements for pharmacy technicians

HB 2830 requires pharmacy technicians to pass a board approved examination within 30 days of registration with the State Board of Pharmacy. Under current law an applicant would have to pass the examination prior to registration.

Changing accreditation council for pharmacists

HB 2831 replaces the American Council on Pharmaceutical Education with the Accreditation Council for Pharmacy as the entity designed to approve the necessary training for pharmacists administering vaccines.

Repealing provision in the Kansas Pharmacy Act concerning free-standing renal dialysis facilities

HB 2678 repeals the provision in the Kansas Pharmacy Act that requires free-standing renal dialysis facilities that dispense drugs to consumers to register with the State Board of Pharmacy. Currently, Medicare does not require renal dialysis facilities to be staffed or supervised by pharmacists or pharmacist consultants. These requirements under current law impose extra expenses on dialysis facilities.

Establishing "Coach Bill Snyder Highway"

HB 2758 designates part of K-177 and U.S. 24 highways as the Coach Bill Snyder Highway. The Coach Bill Snyder Highway will stretch from the junction of K-177 Highway with Interstate 70, north on K-177 to the junction of K-177 Highway with U.S. Highway 24, then north on U.S. Highway 24 to the junction of U.S. Highway 24 and K-13 Highway. The Secretary of Transportation will place signs along the highway right-of-way to indicate the designation, after receiving sufficient funds from gifts and donations to reimburse the Secretary for the cost of placing the signs and an additional 50 percent of the initial costs to defray future maintenance and replacement costs of the signs. The bill shall take effect after publication in the statute book.

Junction City will be able to expand infrastructure by bonds

HB 2759 gives the city the ability to issue more bonds to pay for needed infrastructure improvements such as roads and water and sewer lines. The bill raises the city bonded debt limit for Junction City from 30% of assessed valuation as follows: bonded indebtedness shall not exceed 40% of the assessed valuation until June 30, 2011; after July 1, 2011, bonded indebtedness shall not exceed 37% of the assessed valuation until June 20, 2013; on and after July 1, 2013, the bonded indebtedness shall not exceed 34% of the assessed valuation until June 30, 2015, at which time the bonded debt limit shall return to 30% of assessed valuation. The increased bonded debt limit is needed to help meet infrastructure demands as the city rapidly expands. This bill will take effect after publication in the Kansas register.

Designates Vietnam War Veterans Memorial Highway

HB 2705 designates Interstate 135 from the northern boundary of McPherson County to the southern boundary of Harvey County as the Vietnam War Veterans Memorial Highway. The Secretary of Transportation will place signs at the entrance to I-135 in McPherson and Harvey Counties identifying it as such. This will take effect upon publication in the statute book.

Designates World War I Veterans Memorial Highway and United States Submarine Veterans Memorial Highway

HB 2951 designates a portion of U.S. Highway 36 from the eastern boundary of Smith County then west to the western boundary of Smith County as the World War I Veterans Memorial Highway. The bill also designates Interstate 335 from the junction of Interstate 335 with Interstate 470 to the junction of Interstate 335 with Interstate 35 as the United States Submarine Veterans Memorial Highway. The Secretary of Transportation will place signs along the highways' right-of-way to indicate the designation.

Booster Seat Bill

The bill, HB 2611, amends the Child Passenger Safety Act by establishing the following guidelines for child passenger restraints:

· A child under the age of four must have the most appropriate child passenger safety restraining system for his or her age (regulations are set by federal motor vehicle safety standard number 213);
· Children ages four to seven, when weighing less than 80 pounds or measuring less than four feet nine inches in height, must have a child safety passenger restraining system that meets or exceeds the federal standard;
· At the time of issuing a citation, the law enforcement officer will notify the driver that the fine will be waived if the driver later shows proof to the court that the appropriate and approved child passenger safety restraining system has been purchased or acquired; and
· Children 8 to 14 years of age, when weighing more that 80 pounds or measuring at least four feet nine inches in height, must have a standard passenger safety restraining system.
Under this new law, if a vehicle is transporting more child passengers than the number of safety restraining systems, or if it only has lap restraining systems, the driver would not be charged with a violation. The bill also raises the fine for a child safety system traffic violation from $20 to $60, with $40 of that credited to the Children's Advocacy Center Fund. This bill will take effect upon publication in the statute book.

Changing governing personnel evaluations for employees of Kansas schools and colleges

SB 436 separates the statutes governing personnel evaluations for employees of community colleges from those for employees of school districts and area vocational-technical schools, moving community colleges to the chapter dealing with postsecondary education. This bill will take effect upon publication in the statute book.

Increasing standards for veterinarians

HB 2835 allows the Board of Veterinary Examiners to take appropriate action with respect to a veterinarian's license if there is failure to provide a written response within the time prescribed by the Board to a written request pursuant to an investigation by the Board. The bill also adds a violation of an order by the Board to the examples of unprofessional conduct. The bill adds to the circumstances under which a veterinarian's confidentiality privilege of protecting information regarding a client would be waived, including reporting cruel or inhumane treatment to an animal, providing information where necessary to provide care in an emergency where the absence of medical attention could be expected to place the animal's health in jeopardy and providing information where the failure to disclose vaccination information may endanger the public's health, safety, or welfare. The fine authority of the Board would increase from $2,000 to $5,000 against a licensee for causes outlined in the law. This bill will take effect after publication in the statute book.

Establish Kansas 9/11 Memorial

HB 2595 designates the Anthony 9/11 Memorial as the Kansas 9/11 Memorial. Senate Resolution No. 1842 was passed in 2005 to honor and commend the Anthony 9/11 Memorial as the official Kansas 9/11 Memorial for 2005 and 2006. This bill makes the designation permanent and will take effect after publication in the statute book.

KEEP IN TOUCH

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 423-South, State Capitol, Topeka, KS 66612. You can reach me at (785) 296-7657 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

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