Category: Opinions

Legislative update from Sen. Steve Fitzgerald

Sen. Steve Fitzgerald

Guest column
Opinion
by Sen. Steve Fitzgerald, R-5th Dist.

The way forward

We are now past “turn around” when the House and the Senate exchanged bills. The rest of the session we will be working mostly on bills that originated in the other chamber, plus the budget and the tax bill – almost always the last things.

The bills that did not get worked by the originating house are pretty much dead. They could be amended into other bills or they might be resurrected in conference committee, where a lot of things happen that could not get through the committee process. There are other exceptions for bills that come through “exempt” committees such as tax, federal and state, and ways and means.

Bills such as SB 431, calling for the confiscation of weapons without due process, will never get a hearing. Such bills stir up a lot of controversy and it is difficult to know who is responsible for them. This bill came from the Senate Ways and Means Committee, it could have been introduced by a member of the committee or someone attending a committee meeting, The minutes of the committee were not yet available for the day it was introduced, Feb. 22. So there are no hints so far.

This brings up transparency. Bills do not have names on them and it is difficult to find out who is behind specific legislation. The practice of removing the contents of a bill and putting in entirely new contents, “gut and go” and the conference committee process are cited as reasons why legislators are reluctant to put their names on bills. A bill for clean fun could be gutted and the contents replaced with state supported pornography and still have the legislator’s name on it. Embarrassing and politically dangerous. A simple rule requiring the name of the requesting legislator be on every bill and allowing the removal of the legislator’s name if the bill is substantially changed could solve this problem.

I would appreciate your thoughts.

Quick facts
• Tax receipts for February totaled $373.1 million, $41.58 above February 2017 and collected nearly $27 million more in taxes than anticipated in February (Kansas Department of Revenue)
• Total tax receipts are $612.7 million above last year at this time (Kansas Department of Revenue)
• Individual income tax collections for the fiscal year are $268.97 million above expectations, totaling at $1.99 billion (Kansas Department of Revenue)
Since the fiscal year began in July, the state has collected $4.3 billion in taxes which is $275 million more than expected and a surplus of 6.8 percent (AP News)

Presentation on K-12 education funding

On Friday Feb. 23, Dr. Lori L. Taylor gave a preliminary presentation to a joint session of the Kansas Senate and House of Representatives on the methods, data, and analysis plan for her research on K-12 education funding in Kansas.

Dr. Taylor was hired by the Legislature in December to act as an expert witness and to investigate whether Kansas’ K-12 funding is adequate. This comes after the Kansas Supreme Court declared the current funding level is not enough and gave the legislature an April 30th deadline to create a new funding system. The school districts that are suing the state claim that $600 million more is needed to properly fund schools. The legislature hopes Dr. Taylor’s report will show that funding is adequate and help end years of school finance litigation between the courts and legislature.

Taylor, a native Kansan, holds a Bachelor of Arts in economics and a Bachelor of Science in business administration from the University of Kansas and received her doctorate degree in economics from the University of Rochester.

She is currently a professor at the Bush School of Government and Public Service at Texas A&M University and works as the director for Mosbacher Institute for Trade, Economics, and Public Policy. Taylor’s research is focused in school finance and she has consulted for numerous state legislatures and state and federal agencies on the topic.

During Friday’s presentation, Taylor outlined her study’s objective to estimate the level of spending required to produce a given outcome within a given educational environment. Taylor explained that she is looking at many different factors of school finance such as differences in spending, student outcomes, student needs, labor costs, geographical differences, and many other variables. One major variable Taylor will investigate in her research is student achievement relative to spending per pupil.

Taylor is expected to deliver her results to the Legislature by March 15, a few weeks before the court-mandated deadline.

Task force on substance use disorder

On Thursday, Gov. Jeff Colyer issued an executive order creating a task force addressing substance use disorder. The objective of the task force is to gather information regarding substance abuse in Kansas, particularly regarding the growing number of opioid and heroin overdoses in the state along with methamphetamine addiction. The task force will work to find useful resources and initiatives to fight drug abuse. It will also examine practices for prevention and treatment along with recovery options for at-risk individuals through early detection and education.

Since 2012, more than 1,500 Kansans have died from opioid or heroin overdoses and more than 100 Kansas residents continue to die each year. In 2016, drug poisoning was the cause of death to more than 300 people in Kansas, with 95 deaths caused by methamphetamine alone. The task force acknowledges that substance abuse is an illness which not only impacts the lives of those addicted but also their families and surrounding communities.

The task force will be chaired by Dr. Greg Lakin, chief medical officer at the Kansas Department of Health and Environment. Membership will be composed of heads from numerous state agencies, legislators, and professionals in industries such as education, law enforcement, hospitals, and more.

Aviation Day

The Kansas Department of Transportation Division of Aviation along with the Kansas Commission on Aerospace Education (KCAE) held its 4th annual Aviation Day event Thursday.
The day began with an economic development training event for city officials on how to best harness state and local resources to boost the aviation industry. During the Aviation Day event, legislators, manufacturers, suppliers, and aviation organizations gathered to discuss industry growth and opportunities and addressed development potentials for Kansas economic stakeholders.

The Kansas Commission on Aerospace Education highlighted industry development opportunities throughout the day, spreading awareness regarding STEM and aviation education through KCAE.

This week

Wednesday
Hearing on: HB 2486, allowing golf carts to be driven on certain streets at night – [Senate Transportation Committee, March 7 at 8:30 am]

Hearing on: SB 415, depositing all state sales tax revenues from sales on the Kansas state fairgrounds into the state fair capital improvements fund – [Senate Assessment and Taxation Committee, March 7, at 9:30 a.m.]

Hearing on: HB 2501, establishing the health occupations credentialing fee fund – [Senate Public Health and Welfare Committee, March 7, at 9:30 a.m.]

Hearing on: HB 2600, increasing the fees assessed by KDHE for certain radiation protection services – [Senate Public Health and Welfare Committee, March 7, at 9:30 a.m.]

Hearing on: HB 2458, adding violations of the act for obtaining a guardian or conservator, or both, to the crimes of mistreatment of a dependent adult and mistreatment of an elder person, changing the felony loss thresholds and adding the crimes to the inherently dangerous felony list – [Senate Judiciary Committee, March 7, at 10:30 a.m.]

Hearing on: HB 2479, allowing criminal cases to be stayed during state appeal of writ of habeas corpus relief – [Senate Judiciary Committee, March 7, at 10:30 a.m.]

Hearing on SB 378, creating the crime of counterfeiting currency – [Senate Judiciary Committee, March 7, at 10:30 a.m.]

Discussion on: Joint Senate Select Committee on Education Finance and House K-12 Education Budget Committee- Dr. Jesse Levin, Peer Review of the LPA and Augenblick Studies (Skype Presentation)
– [Senate Select Committee on Education Finance and House K-12 Education Budget Committee, March 7, at 1 p.m.]

Thursday
Hearing on: SB 367, sales taxation; treatment of coupons; certain cash rebates on sales or leases of new motor vehicles – [Senate Assessment and Taxation Committee, March 8 at 9:30 a.m.]

Presentation on: Concurrent Enrollment – KBOR, Dr. Blake Flanders, president and CEO – [Senate Education Committee, March 8 at 1:30 p.m.]

2018 Session Dates and Deadlines
Friday, March 23 Last day for non-exempt committee consideration
March 26-28 On floor all day
Thursday, March 29 On floor all day; Last day to consider non-exempt bills not in originating chamber
Friday, March 30 No Session
Friday, April 6 Drop dead day; first adjournment
Thursday, April 26 Veto Session begins
Thursday, May 4 Day 90

Sen. Steve Fitzgerald, Leavenworth, represents the 5th District, which includes part of western Wyandotte County.

Remembering Billy Graham, ‘Just as I am’

Guest column
Opinion

by Elizabeth Folsom

Dr. Billy Graham, it seems almost foreign to me to just refer to him as “Graham,” has been a beacon in my life for as long as I can remember. He always exalted the highest standards of being a Christian, a warrior for the Holy Spirit in spreading the Gospel worldwide to thousands of people of all nations.

It would have been most unusual if I had not heard of Billy Graham or been affected by him in my life. Most of the evangelists I follow, such as Don Wilton, Encouraging Word, and Rick Warren, author of A Purpose-Driven Life, had personal relationships with him. Even my own pastor, Russell Hines, Open Door Baptist Church of Kansas City, Kansas, and his wife were directly affected by one of Billy Graham’s radio broadcasts in their own salvation.

Since 1949 when the newspaper mogul, William Randolph Hearst, first perceived Billy Graham, he informed his staff to “puff Graham.” As controversial a subject as Hearst was throughout his own life, he recognized quality, sincerity and integrity in Billy which only goes to show that, indeed, the Holy Spirit works in mysterious ways.

However, since Billy Graham was forever made popular and respected by anyone who ever met or listened to him by his simple message that God loves us, just as we are, he influenced other Christian leaders determined to help spread the word. These leaders started churches, mission groups and youth groups that continue to affect people and youth to this very day.

Billy Graham traveled the world, met with presidents but was also very humble in his presentation of Jesus that you knew he was talking to himself as well as you during his sermons. His crusades and television presentations and books and rallies showing him with every section of the human race inspired me to be a better person, a better Christian, a lover of humanity as a whole. As a result of his worldwide influence and being coined as “America’s Pastor,” he has been given the honor to reside in the U.S. Capitol Rotunda Feb. 28-March 1.

I remember as a teenager, a reporter friend of my mother’s came back from a conference where Billy Graham attended. “I met with the great man!” he said in awe. “I met Billy Graham.”

I never had that privilege, but I did get to meet his very influential son, Franklin Graham, “CEO of the Billy Graham Evangelistic Association (BGEA) and of Samaritan’s Purse, an international Christian relief organization,” quite by chance.

While working with the Wyandotte Daily News several years ago, I covered the ground breaking of the Victory Junction Camp Midwest, a camp for chronically ill children in Wyandotte County (which has been placed on hold for some time). Franklin Graham had driven a motorcycle, along with about 50 to 100 more hearty enthusiasts, across country to this event.

I did not know he was in attendance until I heard him give the benediction for the lunch provided to volunteers. From the first utterance, I recognized his voice because it is so like his father’s, strong and confident, that I knew it had to be him.

I took the opportunity to introduce myself and interview him. I then asked quite flippantly at the end of the interview about the camp, “How’s your Daddy doing?” because Billy Graham had been so much in my mind my entire life, it was like inquiring of a distant relative.

Graham replied, “He was walking across the floor the other day with his walker, turned to me and said, ‘Don’t ever get old!’”

We both had a good laugh.

Tuesday, Feb. 21, when I heard of Billy Graham’s passing, I realized I was not tearful or mournful as people would expect Christians to be. Billy Graham served his life better than any man or woman has ever done to my knowledge. He preached the simple Gospel of Jesus and let people know that “Just as I am” is where everyone of us stands. He has now been graduated to his reward and we celebrate his victory.

As a last thought, Franklin Graham shared on his Twitter page Feb. 22 his father’s advice to all of us who wish to mourn for the passing of this great man who literally changed the world:

“Someday you will read or hear that Billy Graham is dead. Don’t believe a word of it. I shall be more alive than I am now. I will just have changed my address. I will have gone into the presence of God.” –@BillyGraham

There was a reason why the late Billy Graham used the hymnal “Just as I am” at the end of all of his services. His messages were full of the reason that, no matter who we are or what we have done in our lives, God will accept us and cleanse us with Jesus blood. In other words, “just as I am.”

Elizabeth Folsom is a former writer for the Wyandotte Daily and the Wyandotte West.

Legislative update from Rep. Pam Curtis

Rep. Pam Curtis

Guest column
Opinion
by Rep. Pam Curtis, D-32nd Dist.

Last week was ‘turnaround’ week in the Kansas Legislature – when the House and Senate work a multitude of bills from their own chambers before returning to consider bills from the opposite chamber.

On Tuesday, I had the opportunity to offer an amendment to a bill on the floor for Kansas to adopt the Fourth Edition AMA Guides which offers best practices and is a more accurate tool for evaluating impairment in workers compensation cases. While the amendment fell short, I will continue to advocate for measures that will improve the work environment.

I also spoke out against a bill that will make it more difficult for workers with asbestos-related disease due to exposure in the workplace to file claims. I shared a personal story about my father-in-law and how his life was shortened due to exposure to asbestos. I don’t see why it should be more difficult for someone and their workers compensation lawyer to get compensation for having their quality of life reduced. Unfortunately, the measure passed the House. Here is my explanation of vote:

“Mr. Speaker, I vote no. Asbestos is a known human carcinogen and yet for years, worker’s lives have been placed at risk due to exposure from this occupational health hazard, including, but not limited to: firefighters, veterans, machinists, and locomotive engineers. This is an unnecessary law that would impact very few cases in Kansas. It sends the wrong message to those injured workers (and their family) whose lives have been shortened due to asbestos exposure. I cannot support any measure that would limit or make filing claims more difficult for individuals who have been dealt a death sentence from exposure to asbestos.”

The Legislature will reconvene on Wednesday, Feb. 28, at which time we will resume committee work.

It is a special honor to serve as your state representative. I both value and need your input on the various issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at 785-296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail me at pam.curtis@house.ks.gov.

House Dems push for Kansans’ safety
On Tuesday, I offered an amendment on the House floor to return to the Fourth Edition of the AMA Guides for the Evaluation of Injury in workers compensation cases. The 6th edition that Kansas currently uses violates the “grand bargain.” The grand bargain resulted in the loss of constitutional rights of an injured worker to sue their employer in exchange for the certainty and guarantee of workers’ compensation benefits, consisting of a weekly check and payment of medical treatment. It has been shown time and again that The Fourth Edition offers best practices and is a more accurate tool for evaluating impairment in workers comp cases. While the measure fell short, we will continue to advocate for all Kansans and for their rights and safety within the workplace.

The House Democrats offered another amendment that would have allowed anyone hurt at work to choose their own doctor or care provider, rather than one that an employer or insurance company mandates.

While both of these measures fell short of passage, House Democrats will continue to advocate for legislation that will improve the work environment for every person in Kansas that holds a job.

Expert witness for school finance presents to committee
In the Gannon case on school finance in Kansas, Republican leadership hired an expert witness. That witness, Lori Taylor, will present to both the House K-12 Budget and Senate Committees on Friday.

An expert witness is a person who testifies in court based on their extensive knowledge in a particular area. Taylor is conducting a study of the Kansas school finance case and will present her findings the legislature on March 15.

On the House floor
More than 50 bills came above the line on general orders, with the House spending full days on the floor on Tuesday, Wednesday, and Thursday. Below, find some of the bills passed through the chamber of significance or interest:

HB 2498: This bill will prohibit state agencies and municipalities from prohibiting any individual from wearing tribal regalia or objects of cultural significance.

HB 2539: This bill will amend the qualifications for candidacy for several statewide elected offices. The bill would require every candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Commissioner of Insurance be a qualified elector of Kansas. The bill also would require a candidate for the office of the Attorney General to be licensed to practice law in Kansas.

HB 2361: This bill will move the administration of the State Workers Compensation Self-Insurance Fund (SSIF) from the Department of Health and Environment to the Department of Administration.

HB 2551: This bill will require prior legislative authorization for any state agency to enter into any agreement or take any action to outsource or privatize security operations of any correctional or juvenile correctional facility operated by a state agency. The bill would apply to security operations or job classifications and duties associated with a security operation of correctional or juvenile correctional facilities.

HB 2480: This bill amends the definition of “misdemeanor crime of domestic violence” in the Kansas Law Enforcement Training Act to replace a list of persons with various relationships to the victim (like a current or former spouse) who may commit the crime with the phrase “against a person with whom the offender is involved or has been involved in a “dating relationship” or is a “family or household member” as defined in the domestic battery criminal statute at the time of the offense.”

HB 2571: This bill will amend the statute governing disclosure of audio or video recordings made and retained by law enforcement using a body camera or a vehicle camera (law enforcement recordings).

HB 2530: This bill will add an emergency medical services (EMS) attendant to the list of mandatory reporters of abuse, neglect, exploitation.

HB 2581: This bill will amend the law related to the crime of giving a false alarm. Under current law, this offense applies to transmitting a false fire alarm to a fire department, knowing there is no reasonable ground for believing such fire exists, and to making a call in any manner for emergency service assistance including police, fire, medical, or other emergency service, knowing there is no reasonable ground for believing such assistance is needed.

HB 2700: This bill amends the law related to the disclosure of public records to require the redaction of all portions of an individual’s social security number on any document or record before it is made available for public inspection or copying.

HB 2496: This bill enacts the Nurse Licensure Compact. The compact would allow RNs and LPNs to have one multi-state license, with the privilege to practice in the home state of Kansas and in other compact states.

HB 2701: This bill establishes the Statewide Broadband Expansion Task Force.

To see the full list of bills considered and passed during turnaround, visit http://www.kslegislature.org/li/b2017_18/chamber/house/calendar/2018/2/.

Resources
My Legislative Facebook Page, https://www.facebook.com/PamCurtisKCK/
My Twitter Account, https://twitter.com/pcurtiskck
My Website, http://www.curtisforkck.com/?utm_campaign=2018ksleg7&utm_medium=email&utm_source=pamcurtis
Kansas Legislature Website, http://kslegislature.org/li/