LEGISLATIVE INSIGHT, Number 12, 2010

By: Shirley Palmer, 4th District State Representative

First Adjournment
The 2010 Legislature worked long hours on Tuesday, March 30th and adjourned at 1:30 A.M. on Wednesday, March 31, until April 28th. The recess came earlier than expected but will help save the cost of legislative days that may be needed for the final veto session. On April 28, legislators will return for the wrap up session, when the budget bill, some conference reports, and any vetoes by the Governor will be considered.

This will be my last news release until we reconvene on April 28. I have tried to keep you informed with highlights of the session on a weekly basis. I am grateful to the newspapers who have allowed me to do so.

PAGES
I enjoyed having four Fort Scott High School Juniors serve as PAGES for me on Tuesday. They were Austin Bailey, Kacie Brown, Jordyn Grey, and Gabe Quick.

Governor Seeks Agricultural Disaster for Linn County
Governor Mark Parkinson sent a letter March 29 to U.S. Secretary of Agriculture Tom Vilsack asking that he declare Allen and Linn counties agricultural disaster areas for crop production losses due to severe weather between September 1 and December 31, 2009. The severe weather consisted of excessive rain that delayed harvest of fall crops and prevented wheat from being planted.
A secretarial disaster designation will make farmers eligible for low-interest loans through USDA’s Farm Service Agency, as well as any other aid that may be available through the Supplemental Revenue Assistance Payments Program approved in the 2008 farm bill.

The PEAK Bill
The PEAK bill, (providing employment across Kansas) which provides some employers with up to 90% of the state income tax withholding they pay new employees, has passed both chambers, after amendments in conference that appear to have reduced its cost to the state to virtually nothing next year. The tactic: take money from some relatively little-used economic development programs to balance out the loss of income tax revenue. The bill is a major eco-devo effort among some legislators. It is on the way to the governor for his signature.

School Employee Notice
SB 362 passed by both chambers. This bill identifies the date school boards must notify teachers and administrators of non-renewal and the date by which employees must respond if they do not wish to continue their contract. Currently the dates are May 1, and May 15. The new law will set the non-renewal notice date for boards as the third Friday in May every year. The response day would be the Friday two weeks (14 days) later. The deadline of the third week in May for boards and two weeks later for teachers will be permanent unless changed by a future Legislature. The bill will be sent to the Governor. Assuming the Governor signs the bill, it will take effect when published in the Kansas Register. It appears likely that will occur before May, thus allowing the bill to take effect for the current year.

SB 359 (Education)
Three issues pertaining to education in SB 359 passed by both Houses and were sent to the Governor. First, the bill amends the special education catastrophic state aid law for the 2009-2010 school year by increasing the threshold for eligibility from $25,000 to $36,000 and by requiring that state special education state aid and federal special education state aid, including Medicaid Replacement state Aid, be deducted in determining the amount of reimbursement per special education student. In school year 2010-2011 and the years thereafter, the catastrophic state-aid reimbursement threshold would increase to twice the state aid per special education teacher from the previous year. State and federal special education aid, including Medicaid Replacement State Aid, would be deducted in determining the amount of reimbursement per special education student.
Second: the bill allows a pilot program that changes the special education funding formula from a teacher-based formula to a census-based formula.
Finally, the bill amends a provision in the special education law, which provides for the payment of Medicaid Replacement State Aid to school districts.

Nursing Facility Bill Sent Back to Committee
The Senate debated a bill which would have implemented a new $30 million fee on Kansas nursing homes, before sending the bill back to committee for further review.
Under S Sub for Sub HB 2320, Kansas nursing facilities would be assessed on the number of beds that the facility is licensed for as of July1st each year. The assessment amount would be $1,325 per bed annually. The money generated by the provision is intended to supplement the current 10 percent Medicaid cut that the Governor put into place earlier this year. The $30 million fee would have drawn down $56 million in matching federal funds.

Transportation Plan
On Tuesday, the Senate Transportation Committee passed to the floor – where it will reside on the calendar for a month before debate – a new, $8 billion-plus transportation plan. The plan will take advantage of about $300 million of federally subsidized “Build America” bonds. The bill includes a .3-cent sales tax increase to take effect in 2013 and is believed to be worth about $120 million a year. Transportation Chair, Dwayne Umbarger, Thayer, said he wanted the bill on the calendar so people can start talking about it and get feedback from constituents during the legislative break.

Unemployment Insurance Bill
Governor Mark Parkinson this week signed legislation to protect Kansans’ unemployment benefits and ease the financial burden on businesses as the state works its way through the national recession.

Cemetery Trust Fund
The Kansas house approved legislation designed to protect Kansans against cemetery trust funds that are not able to cover the services promised. The bill would give the Secretary of State’s office broad new powers to work with cemeteries that have underfunded prepaid trust funds. Consumers who purchase pre-paid funeral plans need to be protected.

Keep in Touch
My office in Topeka will be closed during the recess. If you would like to get in touch with me please call my home telephone 620-223-4104 or e-mail me at home at rspalmer1862@sbcglobal.net. Enjoy this nice spring weather. Best regards, Representative Palmer.