Bills Passed:

• HB 2414 division of post audit
• HB 2416 health care finance
• HB 2429 educational institutions
• HB 2444 seclusion and restraint of pupils
• HB 2465 crimes and punishment
• HB 2485 insurance fraud
• HB 2494 criminal procedure
• HB 2517 water rights
• HB 2520 the interstate health care compact
• HB 2548 delinquent property taxes
• HB 2555 municipal recreation commissions
• HB 2563 KS wheat festival
• HB 2568 offender registration
• HB 2631 dental care
• HB 2659 speech pathologists and audiologists
• HB 2660 maternity centers and child care facilities
• HB 2417 drivers licenses
• HB 2430 school districts, contingency reserve funds
• HB 2435 post secondary technical education.
• HB 2437 elections citizenship requirements
• HB 2454 arts commission check off
• HB 2557 commercial vehicle fees
• HB 2562 god Samaritan law
• HB 2599 antique car plates
• HB 2614 Bryan Nichols memorial highway designation
• HB 2621 commercial code
• HB 2637 shared employment arrangements
• HB 2647 self service storage, personal property
• HB 2666 contractors, experience requirements
• HB 2730 inspection food and lodging
• HB 2737 juvenile offenders
• HB 2158 school finance
• HB 2166 publication of ordinances
• HB 2427 KORA removing police officers home address
• HB 2715 drainage districts
• HB 2624 oil and gas valuation
• HB 2619 adult care homes
• HB 2159 physical therapists
• HB 2618 portable electronics insurance
• HB 2638 employment security
• HB 2629 product liability
• HB 2655 interference with judicial process
• HB 2313 SRS civil procedure
• HB 2431 distinctive license plates
• HB 2646 abandoned properties
• HB 2627 deduction from wages
• HB 2106 trespass and liability
• HB 2558 workers compensation

All of these bills passed with wide margins and my vote, in addition four bills passed which I could not support HB 2612 which will designate a stretch of highway after a couple of baseball players, HB 2295 which allows cross bow hunting, HB 2477 dealing with compulsory school attendance and SB 289 which restricts the practice of vetenarians

I co-sponsored three bills two of which passed unanimously HB 2533 “the Penn State law” which requires reporting of child abuse and HB 2534 Caylee’s law which requires reporting the death or disappearance of a child.. Failure to follow these mandates is a crime and punishable.

YOU MUST LOOK INTO THE GIFT HORSE’S MOUTH
The third bill I co-sponsored HB 2212 deals with reduction of property taxes. During the debate, Rep Ward (D Wichita) offered a surprising amendment by adding $90 million to the decrease of property tax, unusual for the minority party which demands tax increases across the board. As is customary, the bearer of a lengthy amendment is asked to explain the details to the body which he did so convincingly that the amendment passed 122-2. What he did not explain was that the amendment contained a poison pill which killed the underlying bill. This kind of deception is unprecedented and violates long standing traditions of the House. Consequences are that the bill is delayed and will not be sent to the Senate for action and that cooperation and professional courtesies between the parties are severely strained.

DO WE NEED ALL THESE LAWS ?
It certainly can be argued that we make life complicated and over regulate behavior and business transactions by mandate. When you consider municipal, state and federal legislation on the books it is almost impossible not to break some obscure law on a daily basis. From my perspective it is often frustrating and time consuming to deal with frivolous or inconsequential bill requests. Examples are what the state grass, rock, bird etc. should be designated, whether to designate a section of highway to someone or to allow reexamination of long settled issues. These efforts are costly and wasteful when major problems confront us and I tend to oppose them.

In an ideal society we could publish the ten commandments and live by the golden rule, but imperfect as we are then who could we sue in court ? I’m pleased to inform you that through the governor’s great repealer program we eliminated 51 redundant and obsolete laws from Kansas statutes. Some of these trace back to the 19th century. For example one provides for the removal of the sheriff if he fails to protect a prisoner who is lynched, other bills do away with boards, commissions and institutions which no longer exist or have no longer a useful function. Another statute deals with the matron of the county jail, a job which was abolished 40 years ago. I look forward to do more house cleaning. The repealer had 504 individual suggestions from the public which resulted in these 51 recissions. Not all were archaic some referred to current unnecessary and bothersome business regulations. Keep your ideas coming.

MUCH HEAVY LIFTING IS YET TO BE DONE
Contentious legislation upcoming deals with the budget, tax reform, second amendment rights, immigration, abortion, KPERS, and school funding. As details on specific bills become available I’ll inform you. Look for some excitement in the next six weeks.

TWO MEASURES I’LL INTRODUCE NEXT WEEK
I intend to introduce a gambling bill which requires that before a reportable jackpot is paid by our casinos they verify that the winner is not in arrears with child support payments. If it is found that payments are due they will be withheld and forwarded to SRS for the children involved. I feel that people not taking care of their children should not be gambling to begin with and aes not entitled to pocket any winnings until their debt has been discharged.

I will also introduce in the House a Concurrent Resolution on which I have worked with Senator Picher Cook regarding the Obama administration’s forcing religious institutions to provide and participate in sterilization, abortiofacent, and other practices which violate their religious beliefs. This affects all religions and violates the separation of state and religion in our constitution, but is mainly detrimental to Catholic institutions. The bishops have clearly stated that the church cannot and will not obey this law. The consequences are dire for millions of needy people now served in hospitals or by catholic schools and charities.

The seriousness of this mandate cannot be overstated, nor can the outcome be disregarded. When Massachusetts required Catholic adoption services to adopt kids to homosexual couples against their conviction, they shut down. What will happen if schools, hospitals and charities shut down next year as they surely will?

MORE ON MANAGED CARE
Five proposals have been received from private companies to operate the state’s new managed care plan for Medicaid services, two from in and three from out of state agencies. There is little doubt that this approach will save costs and improve delivery of medical care, but including DD patients is still controversial.

SAFETY CORRIDORS
A bill proposing safety corridors on certain highways including K-10 was passed in the Senate. It doubles fines for speeding, eliminates the 5 mph leeway between a ticket and a moving violation (which insurance companies can use to raise rates). It would also eliminate the option of reducing a moving violation by paying an additional fee. This is not the way to fix high accident roads. Barriers between East and West bound lanes will do more to avoid the fatal accident caused by a car swerving into opposing traffic which is the impetus for this bill. I don’t think I can support it.

YOUTUBE
This is my new YouTube account.

http://www.youtube.com/user/RepMikeKiegerl?feature=mhee

So far one interview is posted with many more to come in future newsletters it will be linked for ease of access. Thoughts on Gov. Brownback’s State of the State address: http://www.youtube.com/watch?v=w2-yTx9A48o&context=C30ebb90ADOEgsToPDskIOo122qpsGj704UMV_30Ck

My web site, www.mikekiegerl.com is also in the process of renewal and overhaul. Watch for more graphics verbal messages in the next few weeks.

THE LAST WORD
Fathom the hypocrisy of a government which requires citizens to prove they are insured but not that they are citizens. – The Wall Street Journal

COMMITTEE ACTIONS
Children and Family Issues
This committee I chair heard HB 2137, the Protective Parent Reform Act. I believe the basic bill to be a good one and that compromise language might be found to bring it to the floor, but we may not have enough time to do so. The bill also has a $750,000 fiscal note not presently in the budget and under pay/go provisions I need to find these funds by reducing spending on another program.

HB 2138 the Grandparent’s Compensation Bill is also in trouble. It was referred to the Social Service Budget Committee on which I also serve. This five sentence simple bill came back with a $14 million fiscal note. Ridiculous!! I have vigorously protested the absurd assumptions leading to this bill killing note and I hope we can resolve this by Friday.

We worked two bills, HB 2537 Children in Need of Care, access to records, placed on the consent calendar and passed the House last Friday. HB 2444 on Seclusion and Restraint was also passed out of the committee favorably for passage and will come up for a vote this week.

On Tuesday Feb. 21 we will hear and work HR 6009 The Parental Rights Resolution. Testimony will begin at 9 am. Everyone is welcome. If you wish to testify contact the committee secretary June Christensen at 785-296-7676. 30 copies of your testimony should be provided in advance.

Social Service Budget
We heard agency overviews and budget requests from the Department on Aging which, through the governor’s Executive Reorganization Order, has expanded substantially by assuming tasks previously handled by SRS. Long term care, nutrition, community based service waivers on developmental and physical disabilities, autism and traumatic brain injury were discussed. I’m particularly troubled by DD and PD waitlists but their huge cost (over $500 million) will not allow us to reduce them substantially, to prevent the numbers of those waiting from growing we directed cost savings from other budgets and income from sale of state real estate to go to the wait list.

The one wait list I cannot accept at all is the one for autistic children. Autism is not curable but it is treatable and intensive, expensive early intervention is required. This expense we cannot afford to avoid, because 50% of these kids can lead almost normal lives and become productive citizens, 25% can experience great improvements and the rest unfortunately will not benefit much and need to be cared for the rest of their lives at great expense. Chairman Crum has given his support to allocate the$4.7 million for providing services for all 245 unfortunates on this wait list .We will discuss this in committee Monday afternoon 3:30 in room 711 in the Docking office Building. This issue has been giving me heart burn for the last two years and I’m pleased that the governor is with me this year. Should we eliminate this shameful list this year I’ll consider it a successful session regardless of what else we might accomplish.

We also considered the budget of KDHE, the Kansas Department of Health and Environment and heard testimony from the Association for the medically underserved.

As a consequence I did vote for increasing the budget of our safety net clinics, which take care of all comers whether they have insurance or not or whether they can pay or not. These providers of medical and dental services for the poorest of the poor do an outstanding job and I have referred constituents to them frequently with excellent results. They have not had an increase in funding in 5 years and I was glad to support their request for an additional $600,000. I wanted to take this money from Planned Parenthood, the abortionists with a $ billion budget, but because they’re suing the state over our diversion of the subsidies they used to get I failed to prevail. Will try again.

FEDERAL AND STATE AFFAIRS
This is my third committee and this is where the fireworks occurred. HB 2353 the Personal and Family Protection Act became contentious with anti second amendment arguments reappearing and being expressed with great passion. This battle was fought 5 years ago, concealed carriage was passed, vetoed and overridden and the sky did not fall all dire predictions did not come to pass. The fact is that law abiding citizens who go through the rigorous demands of procuring a permit are no threat to any one. There are those who do not seem to mind that criminals will not obey the law, carry weapons into public unsecured buildings without regard to the sign on the door. This bill simply expands the right to carry to unsecured buildings. I expect the bill to pass and to support it.

We also heard HB 2598 an abortion bill which tidies up the bills we passed last year and which are now law. This bill denies tax breaks for abortionists, prohibits abortions for sex selection and assures that women get accurate information about the procedure all generally non controversial but the conferee from NOW made a fool of herself by hysterical and insulting testimony which lead one representative to rebuke her and to leave the hearing.

We heard 6 bills on immigration and what a circus that became. An entire cottage industry has sprung up favoring illegal immigrants. Twenty conferees testified in support of HB 2712 an amnesty bill which would give permanent residence status to those who broke our law by coming here without a visa or overstaying it when they were to return home. With the residence permit comes the right to work and a driver’s license. This bill would be a magnet for illegals to come to Kansas. Only two conferees spoke against it. I finally lost patience and requested to voice my opposition (my testimony is available, call my office). Here are some facts to consider: the average family of 4 without permission in Kansas costs $24,000 per year. A post audit report just published documents that illegal workers reduce opportunities for American workers (who did not know that?) but they also negatively affect the pay scale for available jobs. Therefore they actually hurt the 95,000 unemployed Kansans .We still grant in state tuition to children of illegals which comes to an annual subsidy of $8,000 unavailable to American citizens who are not Kansans. Until two years ago soldiers and their children stationed at Ft Riley could not become eligible for in state tuition while we were educating foreigners who would be unable to work once they graduated. Those representing the illegal immigrants don’t want to consider these facts. Inevitably they are also opposed to the requirement to prove citizenship in order to vote.

HB 2492, HB 2576, HB 2577, HB 2578, and HB 2575 are all immigration bills I strongly support… The most important provision in these bills which deal with enforcement of immigration laws is the mandate that public and private employers use e-verify a federal computer program which provides information on the legal status of an applicant within minutes. The importance of this measure can be seen by what happened in Alabama which passed a law requiring just that. Within one month, Alabama unemployment dropped from 9.8% to 8.1% as those without documentation left the state.

A SAD REJOINDER
Senate president Steve Morris (R Hugoton) just announced that there would be no immigration legislation considered by the Senate this year. Morris, a liberal is being challenged by conservative Rep Larry Powell in the primary this summer,

BILLS PASSED LAST WEEK

• HB 2055 Sharing of info distr. And county attorneys
• HB 2441 Floyd Robinson memorial highway
• HB 2491 Handguns while hunting
• HB 2472 Water distr.
• HB 2598 Criminal procedure
• HB 2121 Permits to cremate
• HB 2253 Restrictions on private rights of action
• HB 2516 Water bank charter
• HB 2535 Parole board to prisoner review board
• HB2546 Horton armory
• HB 2324 Electronic cigarettes
• HB 2537 Children in need of care
• HB2469 Parole revocation fees
• HB 2413 Tax info when claiming indigence
• HB 2496 Law enforcement training
• HB 2499 Masonic lodge license plate
• HB 2470 Scrap metal
• HCR 5031 Tricare
• HB 2588 Water Distribution
• HB 2503 Ag board
• HB 2515 The Competitive Bid Protection Act
• HB 2525 Optometry law amended
• SB 211 Pharmacy dispensing prescriptions
• HB 2489 Deregulation of natural gas
• HB 2526 Fracturing oil and gas
• HB 2486 HMO and Medicare
• HB 2207 LLCs

All of these bills passed with wide margins and with my vote, two other bills also passed which I did not support

• HB 2510 Prison made goods act and
• HB 2505 Derivative transactions, loans and borrowing.

You can find details on any bill by going to www.Kansas.gov

TAKE A BOW MEDICALODGES OF GARDNER …
…for being one of seven institutions in Kansas to win the PEAK award by the Department on Aging for excellence in service. Congratulations!

THOUGHT PROVOKING MESSAGE
This came to me by an anonymous source and although I normally discard such messages it caught my attention. It is a bit long but worth reading

After being interviewed, a prospective teacher said: Let me see if I got this right. You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress, censor their T-shirt messages, and instill in them a love for learning, You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their self esteem and personal pride. You want me to teach them patriotism, good citizenship, sportsmanship and fair play, how to register to vote, balance a checkbook .and apply for a job. You want me to check their head for lice, recognize signs of anti-social behavior, and make sure they all pass the final exams. You also want me to provide them with an equal education regardless of their handicaps and communicate regularly with their parents in English, Spanish or any other language, by letter, phone and report card. You want me to do all this with a piece of chalk, a blackboard a few books, a big smile and a starting salary which qualifies me for food stamps. And then you tell me I CAN’T PRAY??!!

VISITORS WELCOME
Please call for an appointment and indicate whether you want a tour or photo op with the governor arranged. Some times things get so hectic that even pre-arrangements don’t work out. I’m willing and able to leave a committee, except for the one I chair (you can join me there Tuesday and Thursday 9 am Room142 South) but I cannot come off the floor during final action voting. This happened last week when a good friend from Gardner Peg Deaton came to visit and we had to miss each other, She is a representative for aged and had a busy day at the capitol, was unavailable when I was and vice versa. She did meet the governor, and knowing her she had a successful visit.

Also visiting was another constituent Cathy Winters of Olathe, and we did have time for a chat.

THE WALL STREET JOURNAL PRAISES SAM BROWNBACK
In a long article titled “The Heartland Tax Rebellion” on February 8th, the nation’s business paper recognized several Mid West governors who are trying to abolish state personal and corporate income taxes. It compares high and low tax states and calls it encouraging that our governor understands we can’t take prosperity for granted. It must be nurtured with good policy as we compete for jobs and investment with other states and the rest of the world. Brownback is quoted that “our goal is for the Kansas economy to look more like Texas and a lot less than California”. The journal concludes that’s the right goal. The contrast with this assessment and our poor excuse for a newspaper, the Star, which condemned the tax reform before even all details had been known is startling.

STILL NO FACEBOOK OR TWITTER—–BUT LOOK FOR YOUTUBE
I do not waste time on Facebook, Linked-in and I’ve never twittered. Call me old fashioned (the sheriff told me that 90% of identity thefts come from Facebook sources) and I don’t believe I miss anything important. Thousands of e-mails a week keep me and my great secretary fully occupied, but I have made a concession to social networking. I opened a u-tube account and have hired an expert to help develop it. I recently completed an interview on the tax reform in Kansas which will be the first contribution. Past Newsmaker interviews and debates will be archived. The ultimate goal is to integrate these and future interviews with the newsletter in case anyone is interested in hearing my views. It should be operational next week.

THE LAST WORD
‘Car in ditch, driver in tree, the moon was full, and so was he!” – Another oldie but goodie from Burma Shave

In any event we are now very busy, this week alone we debated 17 pieces of legislation and expect an even higher number next week. Still to come are contentious and controversial bills on taxation, school funding, KPERS, and health care. I have heard from many of you on these issues – keep the messages coming.

COMMITTEE ACTION: CHILDREN AND FAMILIES
We held hearings on the DD waivers becoming part of managed care and the problems with PRTF referrals. Both were to overflowing audiences. There is strong opposition to the former and some confusion on the latter. While no final decisions have been made, I believe we made progress in defining the issues and suggesting solutions. These are very serious concerns. Many conferees worried about losing their case manager and having new controls placed by outside contractors on care givers. The first issue has definitely been resolved no one will lose a case manager.

The referrals of children to psychiatric residential treatment facilities (PRTF) lead to the concern that very needy and seriously disturbed children might not receive required treatment in a timely fashion. These kids will be in real trouble if not in therapy, often run away, become delinquent or worse become victims of human trafficking and become victims of sexual exploitation. For this reason I invited the committee on Juvenile Justice to join our hearing. I believe that SRS was made aware of the problem and will make needed changes. We will also practice more oversight and legislative control.

Next week we will work three bills, I expect to get them to the floor and passed. You can access our bills and all bills considered by going on line to the www.Kansas.gov website.

SOCIAL SERVICE BUDGET
We reviewed the budget for the state hospitals in Parsons, Osawatomie and KNI in detail. The decision has been made to keep KNI open, but to reduce costs by rarely allowing new admissions and selling much of the real estate of the 150 acre campus, including the superintendent’s house. The care for the remaining patients, many of whom have been in residence for many years, will continue without interruption. I’m pleased at this outcome, as two family members of constituents live in KNI and they were very worried when the closure commission recommended KNI be closed last year, a recommendation the governor rejected. We’re also disposing of 14 vehicles and I’m trying to pick two reasonably functioning ones for the school for the deaf in Olathe whose cars are in sad shape.

FEDERAL AND STATE AFFAIRS
We had a tough week. First we amended the family protection act, allowing holders of a concealed carry license to carry their weapon in unsecured public buildings. It took 18 amendments to reassure opponents that this was no threat to their safety and we exempted colleges, hospitals and other locations. I expect a contentious debate and more amendments when the bill comes to the floor. The last two days we debated an abortion bill which makes several technical changes to bills already passed. A physician and researcher who specializes in breast cancer came in to present convincing evidence that there is a link between abortion and increased breast cancer.

Finally, the annually reoccurring liquor bill was referred to Commerce. I received much mail on this as expected. Most express their desire to allow grocery and convenience stores to sell hard liquor, wine and “full strength” beer. The latter is ironic as the difference between 3.2% beer and regular beer is minimal. Alcohol content in one is measured by volume, the other by weight. Were they measured the same way there would be no appreciable difference!!

Opponents are owners of liquor stores who would go out of business, but there is more facts, by creating thousands of new outlets for liquor sales the cost for enforcement and social services required by the state is projected at $3.5 million annually. I sent a copy of this fiscal note to all proponents to allow them to see how it was calculated. Because of this cost I intend to vote against this measure, if and when it comes up.

TAXATION
The committee on taxation has been working on it’s version of how to change our present system. Leadership strongly believes in the Governor’s vision to grow our economy, create more jobs, and make Kansas the most competitive in the region. The House tax reform plan is focused to achieve those goals. We plan to keep the statutory sunset of the sales tax. For details, go on the state website.

BILLS PASSED

• HB 2606 The house redistricting plan-surprisingly easy 109-14
• HB 2460 KPERS alternate investments 122-3
• HB 2461 KPERS technical change to comply with IRS 118-7
• HB 2420 Cities bonded debt limits increase 98-25
• HB 2458 Vehicle weight limitation 122-1
• HB 2459 Motor cycle licensure 123-0
• HB 2298 Veterans funds transfer 125-0

I voted for all but HB 2420 which I opposed.

COMING UP NEXT WEEK
These are bills are expected above the line next week:

• HB 2515 Competitive bid protection act
• HB 2686 Drug testing for assistance recipients
• HB 2532 Expanded liquor sales
• HB 2446 Renewable energy standards and storage
• HB 2454 Arts commission check off fund

There will be many more on general orders, but these will come up Monday. I intend to oppose HB 2532 and support the others.

OBAMA VS THE CHRISTIAN CONSCIENCE
Incredibly the Obama administration lead by our late unlamented Kathleen Sebelius, is attempting to force religious institutions to pay for, and offer, services which are absolutely contrary to core Christian beliefs. This has created a firestorm of outrage and as a consequence the White House, I offered an accommodation Friday which is laughable on its face. The offending provisions are still in place but now the insurance companies, not the church affiliated organizations, will be made to pay for them. Apparently, Obama had thought that the issue is financial, another gross miscalculation. The issue is a constitutional problem with the government imposing it’s will on religious institutions.

Last year, after promising to keep the conscience clause allowing doctors and nurses who oppose abortion to refuse to participate in performing the procedure, this administration eliminated it which means noncompliant medical personnel could lose their job.

I have drafted a resolution to instruct our congressional delegation to strongly oppose these measures and I have more than 60 representatives as co-sponsors so far. I will introduce it on the House floor Tuesday. It is critical to speak out now or infringement of our rights will continue unabatedly. Silencio consentire.

SPRING HILL HAS GRADUATED TO CITY OF THE SECOND CLASS
On Thursday the governor signed a declaration, acknowledging the growth of our city. Mayor Mark Squire lead a delegation to witness the ceremony. Legislators representing Spring Hill, Senators Apple & Olson, Representative Vickrey and I took the opportunity to have a picture taken.

REPEALER UPDATE
Governor Brownback established the office of repealer in January 2011, to find policies, procedures out dated rules and regulations, expired commissions and other unnecessary government practices and to abolish them. So far 506 suggestions have been received and 20 have been referred to the government efficiency committee for action. If you can identify an unreasonable, burdensome duplicative or conflicting regulations, please contact www repealer.ks.gov.

VISITORS
This week I had the pleasure to meet with the following visitors:

Mayor Squire Spring Hill,

Mayor Roberts, Edgerton,

Beth Linn City Administrator Edgerton,

Melinda Bryan-Smith, KSBDC,

Ed Eilert Chairman, Johnson County Commission,

Johnson County Commissioner Calvin Hayden,

Sheriff Frank Denning,

Janee Hanzlick, Safehome,

and Lurena Mead JCDS.

Every constituent is most welcome to visit. Please call so I can make time to see you.

COMMUNICATION…
….is essential. I need to hear from you. The reason I send these weekly newsletters is to encourage feedback. I give you my intended vote before I cast it to allow your input and dialogue .Call, e-mail or write, my policy is to respond within 48 hours IF YOU ARE A CONSTITUENT. Therefore you must identify yourself by name and address, a mere URL won’t do. I get several hundred e-mails a day and simply cannot deal with those not living in the 43rd District. I am blessed with the greatest secretary, June Christensen who helps me incessantly but if we cannot identify you, you’re most likely to get no response.

2011 GOLDEN FORK AWARD
The results are in. The total report for 2011 lobbyist spending was recently compiled by the Kansas Governmental Ethics Commission. Out of 165 legislator, I am 165th. I choose to spend my time with my saintly wife Peggy

ATTENTION OLATHEANS
My good and beauteous friend Senator Julia Lynn has arranged a legislative forum at the Olathe City Hall on March 3rd. Time is yet to be agreed to and I will be there at a decent Christian hour (perhaps 8:30). Hope to see many of you in attendance. Mark your calendar, more details in next week’s newsletter.

THE LAST WORD
“Lord make me the kind of person my dog thinks I am.” – Anonymous

This Newsletter is a service of S. Mike Kiegerl. Content of this newsletter is © 2009-2010 S. Mike Kiegerl

As we entered our second month in session things are speeding up. Two deadlines are approaching: Feb 10 is the last day for introduction of bills (except for exempt committees) and turn around time is on Feb 24. After that day all bills must be passed out of one chamber in order to be considered for the remainder of the session. Bills not passed out are effectively dead until next year. In anticipation committees are busy working bills to get them to the floor.

ACTIVITIES OF MY CHILDREN AND FAMILIES COMMITTEE

We heard arguments pro and con on two bills this week, one dealing with re- establishment independence and functioning of the citizens review board in foster care and adoption cases and one on implementation of rules, regulation and enforcement of seclusion and restraint policies for disruptive special ed students.

The former will not happen this session because of a $4.2 million fiscal note, a cost which has not been budgeted. We’ll look at it again next session. I will work HB 2444 the other bill next week.

One of the bills originated in our committee HB 2137 dealing with grandparents rights has been referred to the judiciary committee and I’m working with chairman Kinzer to offer assistance, if needed.

HB 2475 another of our bills which deals with community based services for the developmentally disabled was referred to the Social service Budget Committee on which I also serve. It is likely to die there for lack of funds this year hopefully to be resurrected next session.

UPCOMING SCHEDULE FOR NEXT WEEK

On Tuesday Feb 7 we will have an informational hearing on the inclusion of the DD population in the managed care program and on Thursday Feb 9 we will hold a joint meeting with the Juvenile Justice Committee on the Psychiatric Residential Treatment Facility program and changes needed therein. Rep Pat Colloton and I will co–chair. Remember all committee meetings are open to the public and if you wish to testify you must contact the committee secretary, June Christensen at 8785 296 7676,

THE SOCIAL SERVICE BUDGET COMMITTEE AND VETERANS

We reviewed the budget of the Veteran’s Affairs Department and I’m pleased to report that we restored $64 million in cuts made last year. We also replaced two vehicles and saw to it that repairs were budgeted for the Soldier’s home.

THE FEDERAL AND STATE AFFAIRS COMMITTEE

We passed out two minor noncontroversial gun bills dealing with concealed carriage by various law enforcement officials and debated HB2353 which changes the Personal and Family Protection Act by allowing those holding concealed carry licenses to carry in public buildings which are not secured by electronic surveillance. After three sessions and 11 (!) amendments we’re still not ready to decide whether the bill will go to the floor. And I have been getting emotional feedback on its content much of it based on misunderstanding. Let’s look at the facts:

Five years ago we voted the concealed carry law into effect overriding the governor’s veto by a large bi-partisan margin. Opponents made ominous predictions that accidental shootings, children being victims, road rage leading to gun fire, more violent, gun related crime would occur. None of this came to pass.

To obtain a license you must be 21 years of age, be fingerprinted by the Sheriff’s office, be investigated by the KBI, go through 8 hours of instruction on the law, demonstrate the ability to handle a weapon safely, shoot at a target at various distances and pay a $400 fee. People who complete these requirements are law abiding citizens who pose no threat to anyone, quite the contrary. I frankly have a hard time understanding why anyone could feel safer by a sign on a door prohibiting concealed carry which will be observed by honest citizens and utterly ignored by the criminal intent on settling a score by shooting someone. We’ll probably have a committee vote by Tuesday.

REVENUE UPDATE

January tax only revenues were down $30.6 million. One of the reasons for the drop is that our Department of Revenue has become much more efficient in issuing tax refunds to electronic filers, and early filers are usually the ones who have refunds coming. Secretary Nick Jordan reports that refunds so far have come from current accounts and there is no delay as was common in the previous administration when tax payers had to wait weeks or months for their money.

Liquor taxes were up over the holidays, cigarette taxes down. Here are the numbers:

January estimates $607 million, actual $ 576 million, a 5% shortfall, year to date (Jul 1 2011 through Jan 31) estimate $3.421 billion, actual $3.424 billion. Compared to last year we’re ahead $200 million.

BILLS VOTED ON AND UNDER CONSIDERATION

HB 2451 Dealing with water management

HB 2502 Kansas swine facility management

HB 2273 Memorial Highway, Frankfort Boys

HB 2490 Authorizes Doctorate of Nursing @ Washburn

H Sub for SB 191 Allows the Dept of Agriculture to charge certain fees

HB 2424 Home based community services developing care plans cannot be providers

HB 2335 Adopts the federal definition of disability under ADA guidelines

HB 2453 Moves the commission on disability rights to the governors office

HB 2471 Regarding service on the board of adult care home administrators

HB 2456 Automatic proxy on the one call board prohibition

For more information on any bill and my voting record (I voted for all of these bills) go to the state web site www.Kansas.gov.

REDISTRICTING NEWS

HB 2606, the bill which delineates all 125 house districts boundaries. Johnson County will have two new districts one of which is the eighth encompassing Gardner. It extends roughly from 143rd street to 191st North South and Four Corners to Old 56 Highway and St Claire rd West-East. I remain the incumbent in the 43rd District which extends from Olathe to Spring Hill. See the details at http://redistricting.ks.gov/.

A FREE SERVICE FOR YOU

Tax payer making less than $57,000 can prepare and e-file their return for free by going to www.IRS.gov/freefile. This service is made possible through a partnership between the IRS and the Free File Alliance, a coalitionof industry leading tax software companies.

SUPPORTIVE SERVICES FOR VETERAN FAMILIES

The Salvation Army provides SSVF to assist low income veterans and their families to assist in obtaining and maintaining stable housing. This program is to prevent homelessness and merits support. More information and application for admission isobtained by calling Stacy Pacholick @ 816.285.2792 or toll free @ 866.827.2769. Taking care of our veteran service personnel is a sacred duty and the Salvation Army is to be commended (a contribution to that fine organization would also be helpful.)

IF YOU STILL READ THE STAR YOU WOULDN’T KNOW THE TRUTH

A recent headline and several follow up articles and carefully selected letters to the editors paint a most unfavorable picture of the SRS implementation of changes in the Supplemental Nutrition Assistance Program. A screaming story was headlined “Sam Brownback hurts poor children. Here are the facts:

- SNAP, as the food stamp program is known, is the cornerstone of providing food assistance to low income families. As an entitlement, it is available to nearly anyone but was never extended to undocumented noncitizens. Federal USDA administers and regulates eligibility.

- Before the recent changes, a higher threshold existed for Kansas citizens than for members who are not in the country legally by allowing them to earn $908 a month more than US citizens and still qualify for food stamps. This is clearly discrimination to legal citizens. Under the new policy all applicants will be treated equally and that aid goes to those who qualify under USDA guidelines. Currently 141,026 Kansas households get SNAP. 2,881 cases have been closed because when all their income was counted, they were no longer eligible. 1,042 of the removed households contained one or more ineligible non-citizens.

- BTW the household income threshold is $2,389 per month for a family of four.

VISITORS

Are always welcome. Please call in advance, we’ll gladly arrange a tour,tell where to park and,if desired and possible arrange a photo op with the governor.

Last week’s visitors were Danedri Thompson,Reporter for the Gardner News, and Gloria Phelps and son, also from Gardner.

PHYLLIS GILMORE NAMED SECETARY OF SRS

She is a licensed social worker with an impressive resume. She served in the legislature from 1994 – 2000, as Executive Director of the Kansas Behavioral Sciences Regulatory Board, and is stepping up from her position as KC Metro Director of SRS. As chairman of the Children and Family Issues committee, I look forward to working with her and her staff. The department she is heading will no longer be known as SRS but will be called the Department for Children and Families.

THE LAST WORD

“The one who drives when he’s been drinking depends on you to do his thinking.”

From an old Burma Shave ad

Week 3 of the 2012 session saw a noticeable increase in the pace of legislative business. Bills wind their way through committees and we already had a couple of final action votes on the floor attending to technical changes. More votes will be cast next week as the first session deadlines are fast approaching. February 10 is the last day to introduce new bills.

As per my past policy, I will keep you updated and informed about issues under consideration through the weekly newsletter which you can expect to receive by Sunday. As is my habit, I will indicate how I expect to vote. I ask that you understand that my final decision is not made until after floor debate and all amendments are contained in a bill. It happens occasionally that an amendment changes the intent of the original legislation to the extent that I need to change my mind. A parliamentary maneuver called “gut and go” literally eviscerates the entire content of a bill and inserts new language. This has lead to my having to vote against one of my own bills in past years.

This does not occur very often and therefore I try to alert you of my vote in advance hoping to elicit a response. Please provide feedback pro and con, it is important that I hear from you. Try to keep your messages civil and courteous and I’ll respond in kind.

THE CHILDREN’S AND FAMILY ISSUES COMMITTEE…

…which I have the honor to chair was busy last week. We introduced 7 bills, three of which deal with foster care and family restoration and grandparents rights, their standing in court and compensation for taking care of their grand children, one bill changes the statutes on the citizen’s advisory commission mandating quarterly meetings and publishing their findings. Members will now be appointed by the governor not the courts to assure greater independence. In addition, we introduced a measure which requires the Board of Education to promulgate rules and regulations on uniform separation and restraint of children in special education. A bill which puts parents in control of the education of their autistic kids by having the money follow the child was also introduced. The two bills by the attorney general dealing with human trafficking of minors for sexual exploitation, the sad topic we heard last week, will be assigned to the judiciary committee.

The committee will hold hearings on these and the other bills introduced before the deadline, to discuss, debate and vet them before voting on whether to recommend them for passage. Remember all committee meetings are open to the public and you are welcome to express your views by testifying.

THE FIRST VOTE

We went on General Orders for the first time last Wednesday and voted final action Thursday on HB 2412 Dissolving the City of Treece (residents were relocated by EPA.) HB 2436 Time limit for Corporation Commission to grant a certificate. Both are non controversial and passed unanimously.

OTHER COMMITTEE ACTION

The Federal and State Affairs Committee on which I serve is dealing with certain liquor issues, some of which seem to come up every year, i.e. should grocery and convenience stores be allowed to sell other than 3.2% beer and liquor. In addition, we heard spirited and passionate testimony over two days on an amendment to the Personal and Family Protection Act. This is the bill which allows concealed carry of a handgun. The amendment would allow permit holders to carry their firearm in any state or municipal building which is not secured by electronic screening. I’m certain the chair will work these bills.

The Social Service Budget Committee on which I also serve heard from the Secretaries of the Department on Ageing, KDHE and the Acting Secretary of SRS. There have been great changes in these departments through the governor’s Executive Reorganization Orders (ERO) and we expect a more efficient and leaner form of government because of them. It is also likely that the transition will be difficult. This is particularly true for SRS which lost its two top executives and some of the areas of responsibility which were transferred to other agencies. I got along well with the secretary who left and found him open to my suggestions, the new acting secretary Jeff Kahrs, seems competent and energetic and our relationship is off to a good start. I’m pleased because SRS is a $1.6 billion agency which was very poorly run during the previous administration.

We will be working on the budget for all these agencies and looking to do more with less. A complete audit of the contracts of the private firms handling foster care and adoption will be completed this summer and necessary changes should be following.

CAYLEE’S LAW

HB 2534 is before the Corrections and Juvenile Justice Committee. The Speaker made this one of our priorities. Two year old Caylee Anthony disappeared in 2008 and her mother failed to report her missing for more than a month. Unfortunately many states, including Kansas, do not view this sort of negligence as a crime. The new law will impose criminal penalties for failing to notify law enforcement of the death or disappearance of a child. I look forward to supporting this bill when it comes to the floor.

THE REGENTS REPORTING REQUIREMENTS

HB 2533 is a reaction to the sex scandal at Penn State. It requires all state post secondary educational institutions to develop and adhere to reporting standards for cases of abuse. Makes sense to me and I’ll support it.

HOLD YOUR FIRE——-PLEASE!

There are some very controversial and contentious issues we need to address this session, among the ones which have touched a nerve in people are: the new approach to school funding, redistricting, tax reform, managed care provisions in Medicaid, KPERS, and the budget. The governor has proposed bold far reaching substantive programs and changes, for which he ought to be commended (remember his first year record: inheriting a $500 million revenue shortfall, yet he balanced the budget without a tax increase). Instead he gets criticized by the McClatchy papers.

I have also received several irate messages from constituents who are weighing in on these subjects. They are usually mad at something they fail to understand. Remember that none of the proposals have been finalized and that all are far from being ready to be acted on. The governor will not get everything he wants and both House and Senate will need to pass the necessary legislation. Please give me a chance to get the specifics before you chew me out. Not having seen the documentation, I can only respond in general terms.

School funding is not working as designed and Johnson County is a net payer to the rest of the state by a margin of four to one. It’s not all about money but change is absolutely needed. I would like to see consolidation of the 293 districts.

The tax reform proposals to a flatter, fairer, less complicated system leading to the abolition of individual and corporate income taxes – without increasing the sales tax — makes economic sense. It will grow the job market and make Kansas more competitive. The cost is that the 90+ exemptions and deductions are eliminated and everyone has a favorite. People forget the offset no income tax provides, which for wage earners may far exceed the loss of a deduction.

Dr Jeff Colyer, our Lieutenant Governor, has worked for the better part of a year to reorganize Medicaid and has produced a blue print for how we can successfully deal with a $600 million federal subsidy we’re losing (Missouri state government responded by cutting thousands off and reducing benefits, we’re doing neither). I believe his plan deserves a chance.

KPERS goes from defined benefit to defined contribution. This is happening nationwide and does not affect retirees or those vested. A tie-in 401K plan is also under consideration. This may well be advantageous to new employees.

My point is that these serious challenges must be met and I’m certain we’ll have lively debates until we reach compromise on all issues.

POINT OF PERSONAL PRIVILEDGE

On January 23rd, I made the following remarks on the House floor. They were recorded in the Journal and are now part of Kansas history:

“I rise to share some joyous news with you. Last week we heard from two proud grandfathers who introduced their grandchildren. I’ll do them even better—I want you to look at the picture of Ashlynn Christine Loomis, my great granddaughter. The candy bar coming with her picture is not nearly as sweet as she is (I had a picture and a candy put on everyone’s desk.)

My granddaughter Megan, mother of Ashlynn is 18 years old, as is the father. Our great granddaughter was born under less than ideal circumstances, but I’m proud that she was born at all. At no time did they consider terminating this pregnancy although it was inconvenient. Megan started nurse’s training last week rather than last fall. Ashlynn is a great blessing. I cannot adequately express what a joy and comfort it is for an old man to see a new life begin its terrestrial pilgrimage while his is about to end.

You may have seen my present license plate ‘OPA 7′ which will be replaced by ‘UR-OPA 1′ which means great grandpa of one.” The House responded with a standing ovation.

VISITORS WELCOME

Feel free to visit. It is fine to drop in for a chat but I might be on the floor or in committee and not be available. If you call 785.296.7676, June Christesen, my faithful secretary, will schedule a meeting, tell you where to park, and arrange a tour of our beautiful Capitol. If desired, I can see that we have a photo op with the governor.

Last weeks visitors were:

Mark Squire, Mayor of Spring Hill
Bart Goering, Superintendent District 230
Ann Jensen, Head of the Spring Hill Chamber of Commerce
Dave Drovetta, Mayor of Gardner
Bill Sutton, Candidate for House of Representatives in Gardner
Steve Schutte, Libertarian activist, Gardner

Jim and Inge Neilson, Leawood

OPENING FOR PAGES

I have three dates for pages. To be a page, kids should be 10 to 16 years of age, must arrive in the Capitol by 8 a.m. for a briefing followed by a guided tour of the Capitol, then they go on the floor (parents to remain in the balcony) to assist, have a picture taken with the governor, have lunch and then return home. An educational and fun experience, most kids enjoy even more because it’s on a school day.

Interested? Call June at the number above.

REDISTRICTING NEWS

I have finally seen the boundaries of the new districts in southern Johnson County but because they’re not official I cannot yet give details. The House will need to vote them into existence and we must act soon because there is a deadline to assure that overseas American citizens and military personnel get correct ballots. The entire process must be completed by May first.
What I can disclose (but not guarantee) is that the 43rd district will change. Edgerton will be represented by TerriLois Gregory from Baldwin City, and Gardner will be in a new district, hopefully represented by Bill Sutton. Knowing the good charter and work ethic of both, I am assured you will be well represented. I am still the incumbent in the new 43rd which will include new areas east of I-35 and the Johnson County part of Spring Hill.

It is my honor to have served Gardner and Edgerton these 8 years and I am grateful for the many constituents who became friends and supporters. I enjoyed and relish the often passionate encounters and discussions and I came to appreciate that 43rd district residents are not shy about voicing their opinion. I’m certain I disappointed some with a vote or two, that is inevitable but with rare exceptions our discourse ended amicably. Thank you for that, too.

I have often said that if you want perfection you need to run yourself (the filing deadline is early June). My own plans are open. I’ve been talking about retirement for the last two sessions but the temptation to go on is hard to ignore. I’ve largely recovered from my physical problems and God was gracious to let me keep my understanding in spite of a stroke. I’m 72 but I love the job and being part of House leadership helps to get things done.

I commute daily from Olathe which means I leave at 7 a.m. and get home at 6 p.m. The days in the Capitol are busy. I have a friend on the second floor in Governor Brownback which makes quitting harder. I’ll see how I hold up and God willing I’ll make the right decision in June.

THE LAST WORD

“Those who are not concerned with politics are condemned to be governed by their inferiors.” – Plato

I’ve been busy preparing for the new session, which will begin on January 10, 2012, only two and a half months from now. I have had numerous meetings with child advocates, family members affected by state policy, members of school boards, SRS management, the Speakers and the Governor’s office, and other interested parties. The result, so far, is that 7 bills have been pre-filed and I intend to work them in committee. These bills deal with autistic children, their education and insurance, uniform seclusion and restraint policies for special education students, grandparent’s rights and preference in child placement and adoption, and for funding for the reduction of the DD and ED wait lists. If you are interested in these issues and want to testify, contact my office by Jan. 11. The first committee meeting is 9 am Jan. 12, 2012.

MY COMMITTEE IS CHILDREN AND FAMILIES ISSUES

This means we are also interested in preserving and assisting nuclear families. A bill on family restoration is also in the hopper. Although there is another committee dealing with the aged, we will consider legislation affecting the elderly—I’m a member—- provided it deals within the context of family needs. I intend to propose again a significant increase in the disability investment tax credit, which allows for making a home accessible and avoids nursing home confinement for older folks with disabilities. This credit has not been increased since 1996, and it is time we deal with it this year.

DEADLINE FOR NEW LAWS

Once the session starts we have 28 days to propose new legislation. This is a short time as we need to work with revisers (our attorneys) to draft a bill to make it ready for committee action. Therefore if you have ideas for a bill or a change in current law, contact me via e-mail with your thoughts. If I can get behind your wishes I will have a draft prepared and do some nose counting to assess the chance for passage. Then I’ll get in touch with you to come and testify.

RECOGNITION

For the sixth straight year I have been recognized by the Kansas Chamber of Commerce as a “Pro Jobs Legislator”. This is meaningful to me as it reflects my support of private over public sector job creation. I will propose to the administration that many functions of DMV, especially in renewal of driver’s licenses be privatized in Johnson County, as it is in Sedgwick and Douglas counties. I get more complaints about poor service and long wait times from constituents over their treatment as customers of DMV, I recently had a personal experience at the Olathe office which was most annoying and frustrating. We deserve better.

SUTTON FOR THE 43rd DISTRICT

I will not represent the district after the Nov. 2012 election; indeed it is likely that I won’t even live in it after redistricting. Bill Sutton of Gardner is my choice to succeed me and I ask you to support him. I would especially appreciate the precinct committee people to get behind him. I have known Bill for several years and he is a family man of great integrity. His social values are completely congruent to mine; a strong right to life position and supporter of traditional values and fiscal conservation are givens. I know of no issue which divides us. If you liked me you’ll love him. He is head of the Knights of Columbus and he is a lay minister and active in church work. He will have the support of The Right to Life organization and I’ll expect an endorsement of the State Chamber, the NRA and others. I am presumptuous enough to choose my successor. It is, after all, up to the voters, but I don’t think you can find a better alternate candidate. One reason I’m coming out for him is to discourage a primary contest which I would expect him to win, but it would drain the resources he’ll need for the general election. Bill will need to raise about $25,000 for the contest and fund raising letters will soon arrive. Please be generous, we need to keep this a Republican seat.

OUR GOOD FRIENDS OF THE KANSAS OPTOMETRIC ASSOCIATION…

…have provided for twenty straight years the “SEE TO LEARN PROGRAM,” free of charge. They will test the vision of 3 year olds regardless of their parent’s income, insurance or ability to pay. For additional information call 1-800-960-EYES. These folks deserve our gratitude. They have donated more than $2 million in eye care.

ONE MORE TIME – I DON’T DO TWITTER OR FACEBOOK

I recently received an email from a disappointed friend complaining that I had “dropped” her from my Facebook. Nothing is further from the truth. I just don’t want to take time to deal with this program. I get daily invitations to join LinkedIn and Facebook all of which I ignore. I receive about 70 emails a day now and in session more than 200. I try to answer all constituents. During the session I have help, but now I’m pecking with one finger to get this written. So I don’t want to waste time on frivolities. Please contact me by phone or e-mail we’ll communicate effectively. By the way, the Sheriff informed me that the majority of identity thefts are traceable to Facebook where people seem to disclose more personal information than necessary.

INTERN WANTED

Interns assist legislators throughout the session. Preferred are graduate or exceptional undergrads who must be able to spend one day a week in Topeka. Students should get college credits for this work (usually 6 credit hours, negotiated with the Dean) which includes committee attendance and reporting, writing bill briefs and press releases and dealing with constituent concerns by working with the responsible state agencies. Research projects as directed are also required. This is an exceptional experience for a History, PoliSci or Pre-Law students. Compensation is $600 for the term as reimbursement of travel. A one day seminar in early January is mandatory. If interested contact me as soon as possible. Deadline for applications is Dec. 1.

FINALLY SOME GOOD FISCAL NEWS

Tax receipts are up over what was expected during the last quarter and it is now anticipated that the fiscal 2013 budget, which begins on July 1, 2012 will have a beginning balance of $228 million. This does not mean we have turned the corner and the battle of the budget will not be fierce, but it shows that the painful measures taken last session are working and we should be able to restore some of the cuts made, provided the trend continues and we don’t get burdened with the sky high mandated expenses of Obamacare. Remember we inherited a $500 million deficit, cut spending, refused to increase taxes, and balanced the budget with a positive balance. Bravo Sam Brownback, the fools in Washington could learn a lesson from you.

KEEP THE REPEALER BUSY

Governor Brownback established by executive order the Office of Repealer, whose task it is to investigate our system of governance and to identify laws and regulations to determine which of these are unreasonable, unduly burdensome, duplicitous, and contradictory. The business community is challenged to help in getting rid of bothersome and unnecessary laws, rules and regulations to grow the economy. Take some time and reflect how efficiency, ease of doing business, and promoting growth can be achieved. Send your ideas to the Office of Repealer. Copy me in; I want to brag about my cleaver constituents.

THE LAST WORD

“Those who do not concern themselves with politics are condemned to be governed by their inferiors.” Plato

I’m still getting questions on my health and how I’m doing after my stroke. I’m fairly well recovered, still a bit wobbly and with some difficulties standing and walking but I’m grateful to have recovered as much as I did, I can live with the residual disability. I recently had a consultation with a neurosurgeon and I am relieved that I will not need surgery; my chances for further improvement are still possible.

A personal experience with Physical and Occupational therapy gave me an insight about our high health care cost. After discharge from the hospital I was ordered to go to out patient therapy. I discovered that the charge for two 45 minute sessions was $1,040 to Medicare. Outrageous! Occupational therapy consists of improving dexterity and hand/eye coordination. One exercise involves peas put on the table which you pick up with the affected fingers to put in a cup. Physical therapy requires riding a stationary bike and other activities. These exercises are certainly valuable and I completed them religiously in the rehab hospital, however I decided to save the government some money and quit out patient “rehab” after the first session. I am doing what I need on my own at home.

ADDRESSING CITY COUNCILS

It has been my habit to come before the councils of the cities I represent each year after the session to explain what transpired in Topeka, new legislation and my voting record and to answer questions.

This is intended to allow the public to judge how they were represented. I spoke in Gardner last week and will be before the Edgerton Council next week on Aug. 25, 7 pm. On Sept. 8 I’ll be in Spring Hill also at 7 pm. Everyone is welcome to meet and greet. Bring your questions and concerns.

THE 2011 SUMMARY OF LEGISLATION

…has been published and is available online at http://www.kslegislature.org/klrd. It gives a description of all new legislation and the effective date of the new laws.

MY VOTING AND ATTENDANCE RECORD

After 6 years of perfect attendance and voting records this year my illness kept me away from the House for 18 days and I missed 3.6% of final action votes. My record on individual bills is on the state web site.

KS vs PP

The legislature resolved to defund Planned Parenthood the notorious abortion provider with the expected outcry by the usual subjects. Much misinformation was disseminated, especially by the rabidly pro abort KC Star which published lead articles decrying our action and complaining that poor women would loose access to health care. False.

We did not omit the $400,000 going to PP but allocated the entire sum to community health clinics which provide comprehensive care at low rates or free of charge but do not provide abortions. The legislation reflects what the majority of Kansans believe – that tax payers should not be forced to pay for elective abortions (you might have read my letter to the editor exposing this falsehood.)

Look for another letter. In the Friday Aug 19 edition the goofy, brainless “columnist” Barb Shelly averts in a piece slamming Governor Brownback that he signed a bill into law which prohibits insurers to cover abortion in a health insurance policy. She is either ignorant or doesn’t care to report the facts. Abortion coverage is available but if you want it you pay the premium not all Kansas consumers.

IMPORTANT COMMITTEE ACTIONS

The committee charged with proposing the required redistricting has met and will continue to meet through out the state for citizen input. The meeting in Overland Park will be on Sept. 2 at 2 pm, at JCCC. Feel free to attend and voice your opinion. There is little doubt that the 43rd district will be redrawn. A House district ideally should have 22,500 constituents, but with the fast growth of Southern Johnson County I represent almost 29,000. I have suggested incorporating my three Olathe precincts into the 15th district now represented by my good friend Arlen Siegfreid, but it is not my decision to make. Were this to be agreed to, I would no longer reside in district 43.

The committee charged with the responsibility for proposing KPERS reform will meet Aug. 31 at 9 am in room 346-S in the capitol. On the agenda is testimony by out of state experts. It is open to the public as are all committee meetings.

The legislative post audit budget subcommittee meets to consider 2013 budget requests on Aug. 23 at 9 am at 800 SW Jackson.

THE CHILDREN AND FAMILY ISSUES COMMITTEE…

…Which I chair is preparing for the upcoming session. Interested parties are encouraged to submit proposals for legislation. I have visited with the staff of Lake Mary, TLC, Safehome, and Johnson County Development Support so far and meetings with the Autism task force and groups related to the challenge of educating autistic kids are scheduled. I have also directed the committee’s reviser of statutes to research legislation in other states in particular bills which give preference to grand parents in foster care and adoption cases. Expect action on this and other issues relating to children in need of care.

The Speaker and the Director of SRS favor legislation dealing with reporting of missing children as a consequence of the Casey Anthony trial in Florida and a bill will be proposed to assure serious penalties for failure to report a missing child. This is likely to be argued in Judiciary rather than the Children’s committee (the speaker will assign), but my input will be clear. There is no defensible reason why a child’s disappearance should go unreported. Casey did not report her missing 2 year old for a month and it is an outrage that she got away with it.

It is important to do as much preliminary work on bills before the session begins to meet House deadlines. The time to investigate, discuss, and propose bills is now.

NEWSMAKER

I was interviewed by Comcast, the local TV cable folks again. These 5 minute talks have been useful in the past. They always concentrate on one topic. This year we taped at the Negro Hall of Fame (a most interesting place) to discuss the budget crisis. You can see the tape by logging on to their website. https://files.mecom/metrosports2011/02aoy

I don’t believe I ever won an election on my looks, but seeing the big gut on me on television, I resolved to go back on the Sacred Heart Medical diet. Wish me success. I just have to shed weight, hard as it is.

TALKING ABOUT FOOD

Come join us Sat. September 10 for the Sunflower Republican Club picnic in the Quivira Park shelter. Meet and greet is at 4 pm, we eat at 5 pm and the program begins at 6 pm. All statewide and Johnson County elected officials are invited to address the crowd.

THE TRUTH ABOUT EDUCATION SPENDING

Marc Rhoades, chairman of the important House Appropriations Committee who did an incredible job in putting a workable budget together which could be accepted by House, Senate and the Administration published an interesting article on spending on schools. He asks:

Which is correct?

a) School spending went up
b) School spending went down
c) Depends
His answer is C. It depends on the line item.

Overall spending for K-12 increased $261 million this year and increases another $86 million next year. The state’s funding supports many line items such as base aid, pensions, bond payments for construction etc. Funding for state base ad was cut $232 per pupil; other items were funded at a higher level. The small reduction in base aid set off a firestorm, legislators were inundated with hate filled messages accused of disliking children and education and selling out the future of our kids.

Looked at realistically, we’re still spending more than $12,000 per student per year. Think of 24 kids in a classroom – that is $288,000. Let’s be generous and give the teacher $60,000. Ask yourself where is the other quarter million is going? We are highly inefficient with 293 school districts, and top heavy in administration and overhead. Less than 60% of funds go into the class room, and some superintendents make more than the governor. I’m hopeful that these problems will be addressed next session.

COMCAST INTERNET ESSENTIALS

I can recommend a meritorious program by Comcast called Internet Essentials, a new program which brings affordable home internet access to students. It allows purchase of a computer for $150 and gives a price of fast internet service for $9.95 per moth guaranteed not to increase. I believe this program is well worth its price. To apply go to WWW.internetessential.com.

THE LAST WORD

“One of the penalties of not participating in politics is that you will be governed by your inferiors.” PLATO

After a hellacious week struggling with the mega budget, the legislature recessed on April 2nd until April 27th, when we return for
the wrap up session. A substantial challenge will face us in trying to pass a budget acceptable to both chambers and the governor. During the three weeks we are home, House/Senate conference committees will meet daily to prepare a bill we can agree on, not an easy task.

THE FAT LADY HASN’T SUNG YET

There are three different budgets which must be reconciled. The House budget is the most austere, it reduced the governor’s budget
substantially and it will end the fiscal year with a $60 million reserve, the Senate version leaves $7.5 million (according to our KS
Constitution we cannot run a deficit). There is enough to be unhappy about for everybody in both and that includes me. There are sacrifices across the board. We had to make painful choices to provide vital services Kansans must have while dealing with a $500 million shortfall in revenues. The governor requested a bare bone budget and he acted boldly in cutting 2,000 state jobs and reorganizing or abolishing 8 state agencies. These measures will pay off in the down years, with a leaner, more efficient government.

The governor also hired high quality leaders for his cabinet, including our former Senator Karin Brownlee, who as past chair of
Commerce and Labor committees in uniquely qualified to run the Department of Commerce which is a mess.

CONTROVERSY

The committees on Appropriation have worked diligently for months to come up with a workable budget. I serve on the Social Service Budget Committee and we had to make hard choices. I fought fiercely to find funds for “my disabled kids” who are wait listed for required services. There are more than 4,000 developmentally disabled and 285 autistic children waiting. This is shameful and unacceptable. I needed $55 million for the DD list and $2.1 million for the autistic ones. I got a fraction of what I requested; I’m not happy.

There are many constituents who contacted me asking for no cuts to their special interest or even more money for their cause. The
question I had to ask was what other program would they cut and to remind them I could not get full funding for the most needy kids.
Interestingly enough, I was also criticized for not cutting more. In fact, I did vote for a bill introduced by Rep. Owen Donohoe which
would have taken the 2010 budget. The bill never had a chance because it would have reduced state aid for K-12 by $500.

EDUCATION FUNDING

…is 62 % of our budget and has been considered sacrosanct. There are 40+ lobbyists trying to assure this remains so. There is, in fact,
much money wasted. We have 289 school districts, with offices, equipment, superintendents and staff etc. We ought to go to 40
districts which would save $300 million a year, without affecting the quality of education or closure of any schools. We need to give more to teachers and fund what goes into the classroom, and not spend 42% of funds on administration and a fat entrenched bureaucracy. In addition we need more flexibility to handle unencumbered balances.

HELPING THE KANSAS ECONOMY

Several important issues were addressed in this session to spur private sector job development. Workers Compensation reform passed,
State Unemployment Insurance was restored to solvency. Rural Opportunity Zones and the High Performance Incentive Program were
created. In addition tax reform was begun with the view that personal and business income taxes will be phased out. Retailers now have the option to assess sales taxes either by destination or locally.

KPERS

Much anxiety was expressed by those covered by KPERS (of which I’m also a part) over the $7.7 Billion unfunded liabilities. The House
bill is HB 2333 and it does little harm to those close to retirement and none to those already retired. New members will be part of a
restructured plan which is changing from a defined benefit plan (unsustainable according to the actuaries) to a defined contribution
plan. The House and Senate versions differ substantially and conference committees will need to iron them out. I hope to find a
bill I can support when we get back. After all, I intend to retire next year and I want my pension to be solvent.

BILLS PASSED LAST WEEK ( WE WERE BUSY !! )

The following legislation passed with my support:

1) HB 2218 Late term abortion 94-28
2) HB 2067 Elections 111-11
3) HB 2134 Workers comp reform 120-0
4) SB 214 Groundwater management 120-0
5) SB 213 Lightweight road vehicles 116-4
6) SB 123 Dept of wildlife 99-20
7) SB 67 Excess funds inaugural 113-5
SB 23 Juvenile Justice 119-0
9) HB 2192 Dept of Transportation 104-15
10) HB 2287 Constitution, Ks/Fed 122-2
11) HB 2161 Sales tax 69-55
12) HB 2178 Nonresident military spouses 123-0
13) HB 2229 Equal access act 69-55
14) SB 80 Alcoholic beverages 113-11
15) SB 93 Racial profiling 88-26
16) HB 2221 Employee awards state agencies 120-4
17) HB 2336 Kansas first employment initiative act 124-0
18) HB2340 Criminal procedures 97-26
19) HB 2392 Set off certain debtors 124-0
20) SB 10 Sales taxation 111-13
21) SB 11 School districts/ transportation 112-12
22) SB 23 Minors-jury trials 124-0
23) SB 55 Criminal procedure 124-0
24) SB 103 Absentee voting 123-1
25) SB 115 Highway commission 88-36
26) SB 125 Election filing deadlines 118-6
27) SB 127 Elections campaign finance 80-44
28) SB129 Elections ID 87-37
29) SB 134 Nursing 117-7
30) SB 150 City boundaries 103-21
31) SB 185 Insurance 121-2
32) SB 212 Tax abatement 123-1
33) SB 229 State finance policy 121-1
34) HB 2382 Capital improvement projects 98-23
35) HB 2333 KPERS 68-52
36) HCR 6008 EPA stay out of our affairs 100-22
37) HR 6018 Welcome Home Vietnam Vets Day (I co-sponsored) 124-0

I opposed two bills L both passed

1) HB 2390 Repeal of KAN-ED 69-51
2) SB 119 Rail service improvement program 103-21

KNI CLOSURE DELAYED

During the budget debate, Rep Patton (R, Topeka) introduced an amendment which will delay closure of the Kansas Neurological
Institute by at least a year. I reluctantly supported this measure because a fair amount of the savings closure and sale of the real
estate was earmarked for the DD wait list. I heard the sincere entreaties of three constituents who were extremely worried about
family members at KNI and desperately concerned about the care their loved one would get. The institute is still likely to be closed in a
year.

ON A PERSONAL NOTE

I’m continuing to make progress and seem to be about 70 to 80 percent where I was before the stroke. I’m easily fatigued and still
a bit wobbly on my feet. The fingers in my left hand are once again mobile and obedient but I still have little grip strength. I quit
Occupational and Physical therapy, doing the exercises on my own, with the assistance of my saintly wife who is a nurse. I much appreciate how solicitous so many of you are. I look at every day as a gift.

I’m making every effort to do my duty, but if I’ve been a bit slow in responding, I ask your indulgence. God willing I’ll be at
100% and ready next session.

THE LAST WORD

Turkeys don’t vote for Thanksgiving. (Anonymous)

As the session winds down activities in the House and Senate pick up and both Chambers spent all day on the floor last week to vote on
legislation passed by the other. As usual many amendments to bills coming over from the Senate were offered and added in the House and vice-versa, which means the bill with the changes must go to the original maker and if not reconciled through the conference committee system to achieve a final version acceptable to both, it dies.

This is a time consuming process and we have been sitting until late evening to get things done. As you will see, we are prepared to send numerous bills to the governor to be signed into law, including some which were contentious and which make major changes in the Kansas economy. In addition, we passed social legislation which I believe will serve us well; for example, we voted to take $400,000 from abortion provider Planned Parenthood in 3 major metropolitan areas and gave that money to community health centers located all across Kansas that offer all the services of PP, or more as PP does not offer mammograms.

The most crucial legislation, dealing with the budget is a work in progress. I certainly hope that for the first time in seven years I
can vote for the omnibus appropriations bill in May. I am fighting hard to assure that the wait list for disabled children are reduced,
and that programs for the elderly are not decimated. Every program is subject to scrutiny but I refuse to countenance that the most needy and the weakest are not protected.

CONTROVERSY AND POLITICAL MANEUVERING

There were several very controversial bills up for consideration and unusual parliamentary methods were employed to move them. First, there were two late term abortion bills passed by the House, which were to be considered in the Senate. The first increases the reporting requirement and requires parental consent for late term abortions, the other prohibits abortions after 22 weeks of gestation, unless the life of the mother is in danger, because the baby feels pain. The responsible Senate committee employed a “Wisconsin approach” to prevent a vote, 5 senators were absent and a quorum could not be reached. After a concerted effort by interested parties, the committee chair allowed a vote the following night and passed both bills.

An immigration bill modeled on the Arizona legislation was tabled in the Judiciary Committee. Over the chairman’s objection, proponents of the bill–including me—attempted to bring the bill to the floor of the House for an up or down vote. This required a super majority of 70 votes but we lost 40-84. Therefore, the bill is dead for this session but a version of it will be resurrected next spring.

Last Monday the Senate applied a rarely used rule to avoid tax reform debate. Senate President Morris declared SB 1 “materially
altered” by the House and refused to appoint a conference committee to negotiate a compromise. House leadership is understandably upset as time is running out.

Finally a bill on confirmation of Appellate Court judges raised the temperature in debate considerably. Kansas has a unique system of
selecting both Supreme and Appellate Court judges. We are the only state were lawyers have the majority on the commission which picks potential judges to the bench. The bar association is not known for its moderate political views and conservative judges have no chance. The commission picks three candidates from which the governor must appoint one. Should the governor refuse to do so, the Chief Justice of the Supreme Court makes the appointment. The result is that in a state with a two thirds Republican majority six of seven justices are Democrats. The proposed change is to let the governor pick an appointee and require Senate confirmation as is the procedure of the Federal government. Alas this proposal was defeated.

ON KPERS FINALLY SOME ACTION…

…beginning with the realization that the unfunded liability for KPERS is $7.7 Billion and growing and that as a defined benefit plan
it is altogether unsustainable, the House Pensions and Benefits Committee worked for weeks to come up with a responsible solution to
those problems even though the task was assigned to the Senate. Principal considerations were to do little or no harm to present
retirees, participants close to retirement and to assure future solvency. Doing nothing is not an option and I voted for HB2333 which
provides for the following:

1) it increases the employer cap from .6% to .8% (effective 7/2012)
2) it amends the multiplier for FUTURE service from 1.75 to 1.4 (effective 7/2012)
3) directs the proceeds from sale of state property to pay down the
liability

The proposed raise of the 85 points rule to 95 is no longer in the bill. The bill is now in the senate for reconsideration and may change
again but I believe this bill will assure that we essentially keep our commitments to state employees.

Also note that the house passed an amendment to transition the plan to a 401(k) type plan. Finally, remember that judges, police and
firefighters who have a separate plan which are in much better shape are not affected by these changes.

STATE UNEMPLOYMENT INSURANCE

The Kansas Department of Labor has had to borrow money from the Feds to cover liabilities and to pay claims. Consequences of accepting a onetime “stimulus of $65 million in federal funds two years ago is raising its ugly head. As usual, federal money came with strings which required expanded coverage and an increase in benefits and our fund was soon depleted. Now we’re stuck and in a bind. Therefore we passed SB 77 which addresses our present dilemma. This bill contains these features:

1) Authorizes KDOL to borrow from the PMBI pooled money investment board; this reduces the interest we need to pay from 4% to 2%.
2) Requires employers of 50 or more to file electronically (lowers cost for KDOL)
3) Allows KDOL to offer state withholding to claimants
4) Requires a new, additional surcharge on negative balance employers
5) Increases assessments by 0.1% for the first 9 rate groups.

The last two items are de facto tax increases and contradict my propensity not to vote for more taxes and I justify my vote by the
fact that it hits those businesses which have drawn down funds more rapidly than they paid into the fund, which forced KDOL to borrow
money in the first place. It gives me no pleasure to point out I’m on record to oppose acceptance of the fed’s “stimulus.”

SOCIAL AND REHABILITATION SERVICES UPDATE

As chairman of the Children’s Issues Committee, I have struggled with the leadership of SRS for several years, documented financial
improprieties, lack of control and oversight and increasing complaints about children in need of care. This session the speaker established a standing committee on children and families and entrusted me with the chairmanship. I had four major concerns which I wanted to address and for which we held hearings:

1) The waiting lists for disabled children, especially for those with autism
2) The policies and procedures in foster care and adoption
3) Family reunification for children removed from parental control
4) The education of special needs kids, seclusion and restraint

The first three of these issues are the responsibility of SRS, the last falls to the State board of education.

The committee considered seven bills, worked three and passed one which addresses the issues in items one and two above. Discussions are ongoing to implement acceptable state wide policies for S+R and with the new secretary of SRS to make the needed internal adjustments to improve performance and outcomes. I have spent many hours with the secretary and his staff and I’m impressed. What a difference to the previous administration. The responsiveness and willingness to take corrective action is most welcome and I look forward to cooperate with the new management. They have only been in business for 4 months. They inherited a mess and have not completed the replacement process of sectional managers. Although I would have preferred more action on the
part of my committee I cannot be too unhappy with what we have accomplished, considering we lost three days of hearings due to
weather and another two weeks due to my illness. Without legislative prodding, the new secretary has implemented the following policies and procedures:

1) Hired an ombudswoman ( effective April 1 )
2) Recommended establishment and use of a citizen’s review board
3) Implemented pre-service training for contract and SRS front line employees
4) Implemented annual retraining following up on #3 above
5) Requested that KDHE change requirements which impede family reunification

These preliminary measures demonstrate an acknowledgment of problems and a desire to address them. The training of those who must make difficult decisions is important as is the availability of an easy access to information for those with complaints.

DON”T BREAK LAWS, CHANGE THEM!!

It’s been said that it is impossible for the average American not to break at least two laws every day. We have too many on the books
and we keep passing more every year. I notice that we seem not to abolish antiquated, burdensome and unreasonable laws and regulations. Kansans have an ability use the office of the Repealer established by the governor to change all that. Go to http://www.repealer.ks.gov/ and tell us what ought to go. I’d be most pleased to vote to get rid of unnecessary legislation.

BILLS PASSED WITH MY SUPPORT

HCR 5022 Underground storage of natural gas 107-16
SB 14 The health care freedom act 108-15
SB 37 Offender registration 120-3
SB 63 Sexual exploitation of a child 123-0
SB 76 Board of Healing Arts, doctor of pt 109-14
SB 101 Home owners associations 112-12
SB 122Water office 123-0
SB 123 Wildlife and parks 102-22
SB 124Water supply 122-2
SB 136 No pay no play insurance 110-14
SB 152 wildlife, hunting 124-0
SB 179 Health insurance guarantee assn act 111-12
SB 186 Pest control 116-8
SB 188 Solid waste permits 120-4
SB 213 Speed limit increase 115-9
SB 214 Ware related obstruction 120-4
HB 2117 Sales and use taxation 116-8
HCR 5017 Watercraft taxation 120-2
HB 2374 School funding 123-1
HB 2371 community corrections grants 116-7
SB 60 crimes and punishment 119-4
SB 50 emergency communications 123-1
HB 2386 Veterinary students 123-0
SB 143 Technical education 123-0
SB 83 Retired judges, employment 66-57
SB 9 Civil procedure 123-0
SB 24 Domestic relations 123-0
SB 38 Children permanency, priorities of orders 123-0
SB 6 DUI ignition interlock 123-0
SB 112 Land surveyors 109- 13
HB 2392 Setoffs for certain debtors 124-0
SB 23 Jury trials for minors 124-0
SB 55 Criminal procedure 124-0
HB 2221 Employee award, state employees 120-3
HB 2336 Kansas employment first initiative act 124-0
NB 2340 Crimes and punishment 97-23
SB103 Voting for overseas military 123-1
SB 115 state agency regs 88-36
SB 125 Elections filing deadlines 118-6
SB 127 Elections 80-44
SB 129 Elections voter ID 87-37
SB 134 Nursing practice 117-7
SB 150 Cities and boundaries 103-21
SB 185 Insurance trust companies 121-2
SB 212 Tax abatement 123-1

BILLS I COULD NOT SUPPORT

SB 170 The portable electronics insurance act 87-37, passed
SB 12 Earned income credits for debtors 118-5, passed
HB 2321 Creates a new crime of endangerment 33-84, failed
SB 10 Country wide retailer sales tax 112-12, passed
SB 11 School districts, transportation 111-13, passed
SB 119 Rail service improvement 103-21, passed

You can find details on all of these bills on the legislative website .

ON A PERSONAL NOTE

In answer to incessant questions, I’m doing alright under the circumstances. I’m improving slowly and that is frustrating. I would
guess I’m 70% recovered and I could live with my present disability but the doctors and therapists think I can do even better. I might
have gone back to work to soon, as I’m quite fatigued most of the time. Last week I missed both days of therapy as I could not stay away with the plethora of bills to be voted on (see above). Next week I’ll keep my appointments and go to the legislature only on Monday, Wednesday and Friday. I’m constantly amazed at how solicitous my friends and colleagues are. There is no need to feel sorry for me, I’m blessed and fortunate and every day is a gift. The session is almost over and I promised my saintly wife to take it easy all summer long. God willing I’ll be in much better shape next session.

THE LAST WORD

Out of the crooked timber of humanity no straight thing was ever formed. – Kant