News from the Capitol
February 15-19, 2010
Chamber Eggs and Issues Saturday, Feb. 20
7:30 AM at Downtown Manhattan Train Depot
In This Issue
• Halfway Point and Turnaround
• Highlight—Coach Snyder and Mentoring Resolution
• Budget Update: Rescission bill sent to Governor
• Legislative post audit reveals problems with Kansas tax policy
• Update on Encroachment Bill—HB2445
• Update on Manhattan Tornado Victims Bill—HB2160
• New commission to “streamline government”
• Students lobby for higher education funding
• Bill protects insurance consumers
• Jana Mackey bill passes House
• How to Reach Me
• Useful State Numbers and Resources
Halfway Point and Turnaround: Week 6
This is roughly the halfway point of the legislative session where each house finishes up action on the bills in their chamber. The deadline is referred to as Turnaround. On Thursday we heard 36 bills on the House floor, then another 6 bills this morning and final action to pass most of them. At this point, House bills that were adopted by the chamber will go to the Senate and Senate bills will come to the House. These bills will now go through the committee process on the other side of the rotunda. With the exception of a few exempt committees (my Tax Committee is exempt); neither chamber will introduce new legislation. However, it is possible that some proposals that did not pass out of committee before Turnaround could be amended on to other pieces of germane legislation later in the session. My friends and I often refer to this as “nothing ever really dies or ends” until the last conference committee report is finished!
Coach Snyder and Mentoring Resolution
On January 21, Rep. Bob Bethell (R-Alden) and I sponsored a resolution to declare Kansas Mentoring Month. Coach Snyder and Executive Director Ella Todd were on hand to receive the framed resolution along with adults and students who participate in over 85 Kansas counties in mentoring programs. It was a highlight for me to have Coach Snyder there and recognize the impact of his generous contribution of time and leadership to the youth of Kansas.
Budget Update: Rescission bill sent to Governor
I serve on the Social Services Budget Committee. For the most part, our committee has adopted the agency recommendations on bi-partisan votes. The same is largely true for the entire House Appropriations Committee. Appropriations continued to hear agency briefings but for the most part attention was fixed on the House floor. My personal “take” on the process is that the majority party is in the position to identify if and where additional cuts must come…..something that is painful and difficult. In the absence of that identification, the work of Appropriations and the Tax Committee comes down to finding new revenue or closing many of the exemptions and tax “give-a ways” that exist. So far over $1B has been cut from our budget in the past year. I agree with the Governor that additional cuts will be crippling and could severely hamper our recovery as a state as the recession subsides.
The rescission bill passed the House last week and was reconciled with the Senate version this week. The final product cuts $92 million from the current budget. The House voted (115-4) to concur with the conference committee report on Thursday and it will now head to the Governor for his signature or veto. It is likely that the FY 2010 budget will still be approximately $40 million short by July. If revenues continue to come in lower than expected, we will need to revisit the FY 2010 budget for a sixth time. If that becomes necessary, we will probably wait until the most updated revenue estimates become available in April to take any further action.
There were two key amendments in the House version of the 2010 Budget Bill: The cutting of 5% for State Elected Officials and the shifting of some General Fund money into Medicaid to allow us to capture over $5M in Federal funds. This did help temper “a bit” some of the horrible 10% cut to Medicaid agencies that the Governor had to do in his last allotment.
I agreed with the 5% cut for Legislators, as I reported to the Manhattan Mercury, it showed leadership on our part and had us with “some skin in the game”. However, Legislative salary cuts raise little and opened up a problem area when the judicial salaries were cut. It is important to maintain separation of powers and for the legislative body not to be perceived as cutting judicial salaries as punishment. Our action occurred right before the decision of the Supreme Court to reopen the Montoy case that has affected school finance for the past five years. That possible “punishment” of the judiciary concerns me.
Legislative post audit reveals problems with Kansas tax policy
On Wednesday, the Legislative Post Audit Committee heard two new reports from the nonpartisan Post Audit division about the impact and effectiveness of tax credits and exemptions in Kansas. Their findings validate the concerns many Kansans have had about the state’s tax policy. For years, the Legislature has arbitrarily granted or denied tax exemptions and credits with no set criteria on which to base its decision. As the number of tax exemptions and credits has skyrocketed, the need for clearly defined and consistent guidelines has become more pressing.
The two audits confirmed that the excessive number of credits and exemptions cost the state a significant amount of revenue but have little benefit to the Kansas as a whole. They recommended that the Legislature enact specific criteria for granting exemptions. Additionally, the audits encourage the Legislature to review approved exemptions and credits periodically and to not grant them in perpetuity. This ensures that all credits and exemptions remain in the public’s best interest over time.
The problems associated with excessive tax credits and exemptions have surfaced repeatedly throughout the current budget debate. Both the auditors and Kansas Advisory Council on Intergovernmental Relations agree that it would be a better policy for the state not to specifically exempt organizations by name from the sales tax, but rather to exempt categories. Unless Kansans are willing to accept deeper cuts to schools, seniors, and other critical services, a serious review and change in tax policy must eventually be part of the discussion. In my Tax Committee, we have been hearing the KACIR recommendations. They have recommended, compared to the $4.2B in exemptions yearly, a more modest reduction of approximately $200M. I am not optimistic that there are enough votes on the committee to pass this out…at least not at the halfway point of the session.
Update on Military Encroachment Bill—HB2445
A special thanks to Commissioner Mike Kearns and County Counselor Clancy Holeman for their work to find a win-win solution for HB2445. It passed with over 90 votes in the House last week and is headed for a hearing next Wednesday, February 24 in the Senate’s Federal and State Affairs Committee. Senator Reitz serves on this committee and has worked with me to make sure the President of the Senate knows how important this bill is for positioning our state positively for the next BRAC. In my testimony I have stressed the economic impact of Ft. Riley and our military: $7.7B per year and over 169,000 jobs. We know how important it is for Manhattan/Ogden and Riley County….I just keep stressing that this is huge for our entire state!
Manhattan Tornado Victims Bill: HB2160
HB2160 protects homeowners when facing a disaster like the tornado we had on June 11, 2008. The big out-of-state banks would not pay up the insurance money owed to several of our local homeowners in a timely fashion so they could pay contractors and get their repairs made. With the help of two Manhattan homeowners, Pam Spaulding and Aaron Madison, both testifying last year, we got a bill supported by the Kansas Bankers Association that put some pressure on those big out of state banks through our "Consumer Protection Law and Deceptive Practices Section". I have met with Senator Reitz and the President of the Senate to encourage rapid passage through that chamber after "turnaround".
New commission to “streamline government”
The House voted 73 to 47 to create the “Kansas Streamlining Government Commission” on Wednesday. The seven-member commission is charged with the task of reviewing agencies and programs to determine which could be eliminated or combined.
Although I believe it is important to ensure government runs efficiently, more government commissions increase government size, not efficiency. The Kansas Taxpayers Transparency Commission, which was created in 2008, serves the same purpose as this commission. I am not enthusiastic about allocating state dollars to duplicate work. It is also worth noting that the state budget has been cut by $1billion in the last year. At this point, agencies are already operating on skeleton crews. Only the most essential services and programs remain intact, and even those programs have been dramatically scaled back.
Students lobby for higher education funding
This week, student leaders from KU, KSU, Washburn, Hays, Emporia and Pittsburg met with legislators to lobby for higher education funding as part of Higher Education Day. University presidents/chancellors also appeared before the House Education Committee on Monday to discuss the impact of recent cuts. After cutting more than $100 million from higher education last year, tuition is rising, classes are larger, there are fewer courses to choose from, and the availability of campus jobs has decreased.
In my Vision 20/20 Committee we have been taking testimony from the Regents and from the College Presidents about how we should chart a course for the long-term future of Higher Education. This summer the Governor laid out a challenge to the Regents to increase our rankings nationally and to impact the retention of students. Our committee has not made any recommendations yet, but it is apparent to me that we must work hard to keep tuition down and to adequately fund K-State and our other higher education institutions. At the same time, we must encourage the growth of the endowment funds to cover the ebbs and flows of our state and national economy. Below are some slides of the impact on Higher Ed funding:
Bill protects insurance consumers
On Tuesday February 16th, the Committee on Insurance held a hearing on House Bill 2563, which would help protect consumers’ credit scores during difficult times. If a consumer undergoes extraordinary life circumstances, this legislation will enable them to freeze the credit score on file with his/her insurance company, preventing increased premiums. Extraordinary life circumstances include: 1) a declared state or federal catastrophic event; (2) a serious illness or injury to the consumer or the consumer’s immediate family; (3) the death of a spouse, child or parent of the insured; (4) divorce or involuntary interruption of alimony or support payments; (5) identity theft; (6) military deployment; (7) involuntary loss of employment for more than three months; and (8) any other events as determined by the insurer. The bill would also eliminate the mandated updates of scores every 36 months.
At a time when thousands of Kansans are being laid off at no fault of their own, we must lessen the long-term impact of temporary circumstances. With no regular source of income, it is easy for even the most financially responsible families to fall behind. Missed bills and late payments lower credit scores almost immediately. In turn, consumers are faced with increased interest rates, decreased opportunities for employment or housing, and higher insurance premiums. It only takes one missed payment to lower a credit score, but it takes years to improve a score that contains negative marks.
Lawmakers have a vested interest in protecting consumers’ financial viability. The economy will not recover until consumers have money to spend. This legislation helps accomplish that.
Jana Mackey bill passes House
On Thursday, House Bill 2517 passed the House, which will help the justice system better track domestic violence cases. The bill was introduced in response to the 2008 murder of Lawrence resident Jana Mackey.
Currently, many crimes related to an abusive relationship (such as harassment, damage to property or disorderly conduct) aren’t classified as domestic violence. House Bill 2517 would allow judges to determine whether crimes are linked to domestic violence and then tag them accordingly onto legal documents connected to any criminal act involving an intimate or domestic relationship. A tag will allow for better tracking of repeat offenders. This is especially important with domestic violence cases, as most offenders repeat their crimes (including Jana’s murderer). Additionally, the bill allows judges to require treatment for the offender, such as therapy. Ultimately, this legislation will help sanction domestic violence before it escalates.
Mackey, originally from Hays, was a 25-year-old KU law student when she was murdered by her ex-boyfriend in 2008. Tragically, she had previously worked as a lobbyist in the State Capitol on behalf of women who were victims of domestic violence. In her wake, Jana’s parents have carried on her passion for fighting domestic violence through the creation of “Jana's Campaign to Stop Domestic Violence.” The campaign's goal is to promote new and effective legislation to protect victims of domestic violence. Her mother, Christie, was in the House gallery when the bill came to the floor.
House Bill 2517 now heads to the Senate for its consideration.
How to Reach Me
It is a special honor to serve as your state representative. 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 L10, Docking State Office Building, and Topeka, KS 66612. You can reach me at (785) 296-7665 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail me at tom.hawk@house.ks.gov. You can also follow the legislative session online at www.kslegislature.org.
USEFUL STATE NUMBERS AND RESOURCES
The following is a list of the numbers I receive the most requests for during the legislative session. You can find these as well as many others online at http://da.state.ks.us/phonebook If that does not work, please call my Office Assistant (Jackie Zabokrtsky) that I share with two other legislators for help on getting to the right place.
Adjutant General: 785.274.1001
Department on Aging: 800.432.3535
Attorney General: 785.296.2215
Better Business Bureau: 785.232.0454
Child/Adult Abuse Hotline: 800.922.5330
Child and Family Services: 785.296.4653
Commerce: 785.296.3481
Consumer Protection: 800.432.2310
Crime Tip Hotline: 800.572.7463
Crime Victim Assistance: 800.828.9745
Driver’s License Bureau: 785.296.3963
Gov. Mark Parkinson: 800.748.4408
Kansas Health Wave: 800.792.4884
Highway Road Conditions: 800.585.7623
Housing Hotline: 800.752.4422
Insurance Hotline: 800.432.2484
Kansas Lottery: 785.296.5700
Legislative Hotline: 800.432.3924
Mental Health Services: 888.582.3759
Department of Revenue: 877.526.7738
School Safety Hotline: 877.626.8203
Social Security: 800.772.1213
State Capitol Tours: 785.296.3966
Taxpayer Assistance: 800.259.2829
Tax Refund Status: 800.894.0318
Teacher Certification: 785.296.2283
Unclaimed Property: 800.432.0386
Unemployment: 785.296.5074
Vital Statistics: 785.296.1405
Voter Registration: 785.296.4561
Welfare Fraud Hotline: 800.432.3913
Workers’ Comp: 800.332.0353
Workforce Center: 785.235.5627
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