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Showing posts with label Legislative Insights. Show all posts
Showing posts with label Legislative Insights. Show all posts

Wednesday, April 7, 2010

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.

Monday, March 22, 2010

LEGISLATIVE INSIGHT, Number 10, 2010

By: Shirley Palmer, 4th District State Representative

The pace picked up a lot this week in the Kansas Legislature as we are approaching the end of the 2010 regular session. Only two weeks remain before First Adjournment, so this was the last week for committees to pass out bills. However, bills that were never worked may still find a way onto legislation as amendments or provisos.
Next week the House will be on the floor all day Monday, Tuesday and Wednesday in an effort to get as much done as possible before the end of the regular session. We will not convene on the floor Thursday and Friday, although conference committees will continue to meet. Things tend to move quickly from here on out. Stay tuned.

New Secretary of State
Citing his experience, professionalism and dedication, Governor Mark Parkinson named Chris Biggs as the new Secretary of State this week. The Office of Kansas Secretary of State performs many public service functions and plays a vital role in maintaining the fairness and credibility of our elections. Chris has been in public service for more than 20 years. Until this appointment, Biggs served as the state’s Securities Commissioner. Prior to being named Securities Commissioner in 2003, he had served as an attorney in public service including 14 years as Geary County Attorney. He is a graduate of Kansas State University and the KU Law School.

Kansas Agriculture Day

“If you eat today, thank a farmer.” That was the message Kansas commodity groups, along with the Kansas Department of Agriculture and the Department of Commerce shared on Kansas Ag Day, March 18th at the Kansas Capitol in Topeka. Agriculture has always been a leading industry in Kansas. It’s a tradition that predates our statehood and it continues to contribute to our economic well-being.
Kansas Agriculture Facts
I’d like to share with you some important facts about agriculture in our state. Kansas has 65,531 farms; 85% of the farms are family owned; 8% are partnerships and the balance owned by corporations, estates or trusts. The average farm size is 707 acres. Kansas has 46.2 million acres of farmland and $13.9 billion market value of all agricultural products sold in 2008.
In 2008 Kansas ranked first in wheat produced and milled and in sorghum produced; second in cropland; third in land in farms, sunflowers produced, cattle and calves on grain feed, and cattle processed; sixth in cash receipts for farm marketing; seventh in corn produced; tenth in soybeans produced and hogs on farms and seventeenth in upland cotton and milk produced.

Kansas Highways # 1
Reader’s Digest has ranked Kansas highways #1 in the nation. Three Governors and four former Transportation Secretaries held a news conference this week to celebrate the great news. This accomplishment was possible because of the investments Kansans have been willing to make in their transportation system. The timing couldn’t have been better as the legislature is currently holding hearings on future transportation programs for our state.

Hunter Orange Requirement
We discussed HB 2646 again this year in an Agriculture and Natural Resources committee this week. This bill would amend KSA 32-1015 to clarify when hunter orange is required for hunting elk or deer during elk or deer firearms seasons. Fort Riley conservation officials first approached the Dept. in regard to this topic in the fall of 2008. As elk and deer seasons have expanded, the statutes have not kept pace with the expanded seasons. Firearms elk seasons and archery deer seasons now overlap completely in some areas of the state and as a result, large numbers of archery deer hunters are required to wear hunter orange in those areas for a very small number of firearm elk hunters annually. While many other seasons for other species overlap with either firearm elk or firearm deer seasons, hunters hunting the other seasons and species are not required to wear hunter orange and the Department feels that removing this restriction on deer and elk is in line with the rest of the hunting seasons across the state.

Budget Proposal
Despite the fact that the budget has been dramatically cut six times in the last 18 months, the majority party continues to assert that Kansas has a spending problem, not a revenue problem. Ten weeks into the legislative session, House Republican leadership offered on Thursday a FY 2011 budget proposal. It basically cuts approximately $361 million from state services, in addition to $200 million in cuts to Kansas public school districts. Here are some key components of the proposal:

* $200 million in cuts to Kansas public education
* $5-7 million in cuts for mental health programs impacting 90,000 Kansans who need mental health assistance.
*A 5% across the board salary cut to all state employees. (There is also a proposal to begin closing state offices at 3:00 p.m. on Fridays, which is essentially a 12-day furlough).
*$37.9 million freeze on KPERS employer contributions
*1% cut in all state agency budgets, resulting in more layoffs and service cuts
* Increased premiums for children’s health insurance

We all know this is a difficult year and tough choices are inevitable. In the past, we have worked through the budget process in a bipartisan manner. After 67 days with no proposal from the majority party, this plan was passed out of committee on a straight party line vote, after about an hour of discussion. I am concerned about the deep proposed cuts. The budget debate is just getting started. This proposal will come to the House floor for full consideration early next week at which time we will have opportunities to add amendments. The bill could be voted down altogether and sent back to the drawing board. Whatever passes must be reconciled with the Senate budget bill and signed by the Governor. We will then reconvene in late April-after the most recent revenue estimates are announced – to make more adjustments through the Omnibus Budget. We have a long way to go!

Education Rally
Approximately 1,000 teachers, students and parents from across the state – as far away as Colby – took advantage of Spring Break last Tuesday by marching to the Capitol to protest further cuts to public schools. Education funding has been slashed by at least $300 million (about 10 percent) over the last year.

State Employees
More than 250 members of the Kansas organization of State Employees came to the Statehouse on Wednesday to visit with legislators. Since state employees receive their paychecks directly from the State of Kansas, their jobs, wages, and retirement are directly linked to what happens in the Capitol. State employees work in every county of Kansas. They work in agencies that keep our state running efficiently. They include social workers, psychologists, mental health techs, correctional officers, transportation workers and investigators, to name a few. Their work helps keep you safe and provides the basic services that you depend on every day. Kansas is near the bottom in state employee wages. Kansas taxpayers cannot receive their money’s worth if quality state employees are not kept on the payroll to answer the public’s call.

Mental Health Advocacy
On Thursday over 300 people arrived in Topeka as a group in an umbrella coalition of more than 30 organizations that represent consumers of mental health services, their family, community mental health centers, individual providers of mental health services, advocacy organizations, and child welfare providers. Many of these organizations operate under a state mandate to serve everyone who walks through their doors, regardless of a patient’s inability to pay. As a result, they heavily rely upon Medicaid funding to provide the treatment and care of Kansans in need. They have been deeply impacted by the 10 percent Medicaid cut imposed by the Governor in November. The coalition lobbied for the restoration of that funding in FY 2011.

Keep in Touch
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 or questions. My Topeka office telephone number is 785-296-7646. My home telephone number is 620-223-4105.
Additionally, you may e-mail me at shirley.palmer@house.ks.gov in Topeka or rspalmer1862@sbcglobal.net at home. You may call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also follow the legislative session online at www.kslegislature.org.

Tuesday, March 9, 2010

LEGISLATIVE INSIGHT, Number 8, 2010

By: Shirley Palmer, 4th District State Representative

Budget

There is tension in the capitol as the budget continues to be of great concern. Revenue estimates continue to come in below expectations, further increasing the budget shortfall. On Friday, Governor Parkinson announced $85 million in additional cuts, transfers and adjustments to the FY 2010 budget. As people file their taxes this spring, it is hoped that revenues will rebound a bit later in the year. If that is the case, the Governor’s actions and recommendations today should prevent a seventh round of cuts in FY 2010.

Several adjustments are directed at the Kansas Department of Transportation, freezing maintenance work on bridges and highways and halting new projects that are not federally funded. The governor kept true to his word that no further cuts would be imposed onto safety net services, public safety, or public schools.
Looking to FY 2011, some legislators continue to insist that Kansas has a spending problem, not a revenue problem. Some legislators believe that we need to continue to make more cuts. The Legislature is constitutionally required to balance the budget. It is highly unlikely that the state budget –for FY 2011–will be balanced without a responsible review of BOTH expenditures and revenues.

Rail Service in Kansas


On Wednesday, the House Transportation Committee heard testimony for Senate Bill 409, regarding the implementation of the Passenger Rail Service Program Act. The rail service aims to connect the Amtrak service from Kansas City, to Lawrence, Topeka, Oklahoma City and then finally Fort Worth, Texas. The bill would help get the program rolling by allowing the Secretary of Transportation to start initiating talks and plans with Amtrak, the counties and other states involved with the line, as well as the rail operators.

This transportation system should not require any immediate money out of the state budget, and actually is expected to generate funds (as well as new jobs, tourism, and economic development projects in the state). Rail stations and railways are already standing and can be used currently. Few upgrades will be needed for the Amtrak system, and the upgrades would cost significantly less than upgrades to smaller sections of highways. The bill would allow the program to become eligible for the next round of federal funding.

While no opponents spoke against the bill, many supporters came out to voice their approval of this form of public transportation. Fifty-five communities and their city councils are in support of an inner city passenger service. Trains are 18% more efficient than airlines and 24% more efficient than driving. Energy efficiency reduces dependency on foreign oil, as well as a decrease in pollution. By allowing commuters to travel via railway, congestion on highways is also lessened, which would also lessen highway maintenance expenses.

The Kansas Department of Transportation has already started working on a feasibility study of a rail program. There will be further discussions with Amtrak in the near future to help move this project forward.

Agriculture Bills

The House Committee on Agriculture and Natural Resources heard Senate Bill 497 this week. This legislation would define “assisted opening” knives in statute, as law enforcement frequently confuse them with switch blades. Opponents to the bill, including law enforcement, stated that the Attorney General’s office has specifically outlined the difference between the two blades, which is the only necessary information for carrying out their duties. They contend that this is more of an internal training problem, not a statutory issue.

Another proposal, Senate Bill 396, would allow the Dept. of Agriculture the ability to take any surplus money from their fee funds (up to 10%) and put it in the existing Laboratory Equipment Fund. The Laboratory Equipment fund has no funding mechanism because the fees that sustained it have sunset. However, every agricultural program administered by the department still needs the equipment, which means they need money for maintenance and upgrades. Most of the fee funds across the state government were swept in FY 2010, essentially leaving them bankrupt. Legislation like this would give agencies a bit more flexibility to manage their money. There were no opponents. Proponents did speak to the bill because equipment is invaluable to their programs.

Senate Bill 395 proposes raising some fees associated with milk production until 2015. If the fees are not raised then the inspection program will not be funded past 2012 and Kansas would not be able to sell its milk to other states. Right now most of Kansas’ milk is exported to the southeast region of the United States. The bill also has language allowing the Secretary of Agriculture to adjust the fees as necessary up to a certain cap. There were no opponents to the bill.

Although these are fairly “low profile” bills, these are some examples of the extent to which state agencies have been cut, and the somewhat creative measures that must be taken to get by until conditions improve. All state agencies are struggling, and it has significant “trickle down” effect on every Kansas citizen.

2010 Census

Census Day, which occurs once every 10 years, is April 1, 2010. The census is the country’s most accurate source of quality data about our people and our economy. The United States has been issuing a census every 10 years since 1790.
The 2010 Census questionnaire will be mailed to you at your home. It is quick, easy and confidential, consisting of ten short questions. I hope you will do your civic duty by taking about ten minutes to complete it. The goal is to accurately represent your household and community, which can only be accomplished with your participation.

The census will create up to 4,000 jobs nationwide. If you are in need of part time work, you can go to work for the Census Bureau and help out your community, with wages starting out at $9.50 per house with $.50 reimbursement per mile. You can collect data in your own neighborhood and set your own hours. You can become a temporary federal employee, for anywhere from six to eight weeks, and all that is required is a simple background check. If you are interested you may call the toll free job hot line: 1-866-861-2010, or visit the census job website: http://2010.census.gov/2010 censusjobs/ and find job opportunities in your area.
The census is important for a number of reasons. The data collected will guide planning for hospitals, roads, schools, district zones, and reapportionment seats in Congress.

Tuesday, February 2, 2010

LEGISLATIVE INSIGHT Number 3, 2010

By: Shirley Palmer, 4th District State Representative

New State Library -
I attended the State Library Open House in its new location in the capitol on Wednesday. The new state librarian is from Ohio. The new location is Room 169 W., State Capitol, while the renovation is taking place. Public computers, newspapers, periodicals, audio books, legislative bills and statue books can be located there.

Kansas Day -
Kansas celebrated its 149th birthday January 29th. Hundreds of local elementary students joined Governor Mark Parkinson at the Kansas State Historical Society for the celebration. As we reflect on the history of our state, I am reminded of all the things that make Kansas the best place to live, work, and raise a family. I hope we will protect all of those priorities as we work our way through our budget crisis.

Budget Shortfall -
Budgets, Cuts, and Unemployment have been the topic for lots of discussion since the legislature reconvened in January. I have been hearing from lots of constituents with concerns and comments. Thank you for contacting me and I appreciate your input.

Every state in the union is experiencing budget shortfall issues due to the national recession. In the last 50 years, Kansas has not experienced two consecutive years of declining revenues more than one time. We are now in our third consecutive year, with a fourth year of declining revenue predicted.
As a result of this unprecedented decline in state revenues, the Kansas Legislature and Governor have cut the state budget by almost ONE BILLION DOLLARS in the past two years. Within our state, these cuts have closed 18 national guard armories, laid off over 4,000 K-12 employees, cut much needed at-risk, tutoring and after school programs at public schools, closed correctional institutions, eliminated supervised parole for former inmates, caused tuition increases at institutions of higher learning, swept funds from the state highway plan, caused a waiting list for services for the disabled that exceeds 5,000 people, cut services for the elderly and disabled on Medicaid and cut the pay or eliminated the jobs of countless workers employed in the above fields. I could add another 5 pages delineating what damage the cuts have done, but I think you get the picture.

According to Kansas Tax Facts, a non-partisan publication put forth by the Kansas Legislative Research Dept., Kansas taxes (both state and local) as a percent of personal income have remained fairly constant.

TAXES as PERCENT of PERSONAL INCOME
State Local Both
FY 2004 6.52% 4.59% 11.11%
FY 2005 6.76% 4.73% 11.48%
FY 2006 7.18% 4.92% 12.10%
FY 2007 7.12% 4.87% 11.98%
FY 2008 6.94% 4.82% 11.76%
FY 2009 6.11% 4.72% 10.82%

In addition, the Kansas tax burden continues to be at or below the national average, depending on which sources you choose to reference.

As legislators, we are hearing from our constituents, and the overwhelming majority do NOT want to see further cuts to already devastated programs that serve Kansans well. H.B. 2475 may not be the answer we are looking for to solve our budget crisis. However, further cuts alone will not be the answer either. In order to move our state forward, we will need to put all options on the table and come up with a multifaceted approach to solving this budget shortfall.

After hearing testimony last week in support of Governor Parkinson’s proposed sales tax increase, opponents got their say on Tuesday. Overall, opponents argue that a sales tax increase would have a negative impact on small businesses in the state and decrease economic activity. Discussion also focused on maintaining competitiveness with our border states, especially Missouri, noting that some business owners may consider moving their business out of the state if the sales tax increased.
Some suggested that the problem was with excessive spending and that deeper cuts are the solution to the budget crisis. Others emphasized that an increase in sales tax would be regressive, harming those on the lowest end of the income scale the most because they have the least disposable income to spend, especially on consumable goods like groceries.

The committee passed the bill out of committee unfavorably on Wednesday. It has not been heard on the house floor. I felt the move was both premature and irresponsible. Given the inactivity of the House Appropriations Committee, it is nonsensical to vote on possible revenue streams until we know how much money we need or what that money will pay for.
I am interested in your honest feedback on these discussions. Should we maintain state services or should we seriously consider a revenue package of some kind? Please contact me and tell me what you think.

It is a special honor to serve as your State Representative. You may e-mail me at Shirley.Palmer@house.ks.gov in Topeka or rspalmer1862@sbcglobal.net at home. My office telephone number is 785-296-4676 while my home number is 620-223-4105. You may also call the legislative hotline at 1-800-432-3924 to leave a message for me.

Friday, January 29, 2010

LEGISLATIVE INSIGHT Number 1, 2010

By: Shirley Palmer, 4th District State Representative

2010 Session Underway
Hello! On Monday, January 11, the Kansas Legislature convened for the 2010 Legislative Session. It could very well be the longest, toughest legislative session in the history of our state. Although we have experienced challenges in the past, the current financial crisis is by far the most severe situation we have faced since the Great Depression. Even after five rounds of crippling budget cuts, revenues are still too low to keep the state operating at current funding levels. A $400 million shortfall is anticipated. We must put partisan politics aside and work together to pass legislation that will improve the lives of all Kansans. Lawmakers have been called on to build for the future and not continue slashing in the present. We must work together to make tough choices which I know are inevitable. This session is more than a discussion about our budget, it is a discussion about our overall quality of life. We owe it to our fellow citizens and future generations to do whatever we can to protect it.

I am privileged and honored to be your voice in the Kansas Capitol. I want to thank the people of the 4th District for allowing me this opportunity. If I can ever be of assistance to you, please feel free to contact me at home or in Topeka. The State Capitol is still undergoing major renovations so my office is still in the Docking State Office Building which is located directly across the street (west) of the Capitol. My new office telephone number is 785-296-7646 and my state e-mail is shirley.palmer@house.ks.gov. My home telephone number is 620-223-4105 and my home e-mail is rspalmer1862@sbcglobal.net. A FAX can reach me at 785-296-2028 or 785-368-6503 in Topeka or 620-223-4105 at home.

Committees
Most committees met during the week for organizational purposes and began hearing bill introductions. My committees for this year include: Education, Transportation, and Agriculture and Natural Resources.

FY 2011 Budget Debate Begins
As a result of the recession, state funds have declined for an unprecedented four straight years while total spending has been slashed more than $1 billion in the last 18 months. To partially fill the budget hole, Parkinson said the state should raise the sales tax by 1 cent for 36 months. After that point, he said the state should cut back the tax increase to two-tenths of a cent to fund a highway program. He also said the state should raise the cigarette and tobacco tax to the national average of $1.34 from 79 cents a pack in Kansas – a move he said could both reduce teen smoking and raise revenue. It is important to note that the budget proposal does not increase state spending. The $1 billion in cuts enacted last year will stay in place. The revenue package the governor presented is only a means of maintaining current funding. We must keep open minds and have honest discussions. There is always a lot of give and take in this process. We owe it to Kansans to give every proposal a fair examination, even if it is something we are not inclined to support.

Ultimately, you elected me to make reasonable decisions that protect our communities and grow our economy. That’s what I will try to do. In that effort, I am willing to give every proposal fair consideration. Governor Parkinson’s proposed budget is a good starting point, but we are a long way from a final package.

Keep in Touch
I value and need your input on the various issues facing state government. Some issues that we will be discussing soon will no doubt include: texting while driving, public smoking ban, removing the death penalty, closing some state facilities, and issuing bonds to start a new comprehensive transportation plan to name a few. Please feel free to contact me with your comments or questions. The legislative hotline is 1-800-432-3924 and is available for you to leave a message for me. Complete daily calendars are available at www.kslegislature.org. To hear legislative proceedings, click on the “Listen in Live Link.”

With hard work and dedication, we will transform the challenges of 2010 into new opportunities for 2011 and beyond.