Legislative update from Sen. David Haley

Sen. David Haley
Sen. David Haley

by Sen. David Haley, D-4th Dist.

From the state of Kansas’ financial woes and social prospects (as well as our national turmoil), we’re all probably a little tired of politics these days.

With the election over, I am still trying to look at the bright side of things; so onward, into the 2015 Kansas Legislative Session which commences Monday, Jan. 12.

As your senator, my record is a strong voice for individual rights; personal freedoms for all Kansans and advocacies that law-abiding citizens have rights to privacy and to remain unencumbered by government.

We are entitled to the independence to make personal decisions and to insure that government plugs systemic gaps in income and social inequity so that every legal American is afforded basic quality of life standards; health care, public education, transportation, responsible elected representation, judicial and law enforcement.

Bear in mind that I remain committed to being fiscally responsible and of supporting inclusive priorities for all Kansas which means opposing new intrusive government legislation, protecting second amendment rights, providing our children with good and safe schools, making sure wealthy entities contribute their fair share, securing real jobs to improve our state economy. In the vernacular: ”Do you feel me ?!”

Feel free to contact or come see us in the Statehouse as the 2015 session commences after Jan. 12. Please share this column with family members and friends, and feel free to keep me posted on your views of state issues. (785-296-7376; [email protected]; #davidhaleyks ; kslegislature.org )

If the following information appears redundant, congratulations! (That means you are a frequent voter in the Fourth Senate District of Kansas and now receive and read my newsletter! )

Although ridiculously “outnumbered,” these are some issues we will attempt in 2015:

Elected official vacancies timely filled
Shamefully, Wyandotte County holds the state record (at two years) for a vacancy not being filled to an elected position (UG 1st District-At-Large Commissioner – April 2013-April 2015). With our Senate district contained in the unrepresented 1st District-At-Large, I believe this travesty of underrepresentation should never happen again to any voting Kansan. After consultation with the Wyandotte legislative delegation, I am introducing a bill that, if approved, would require any city or county government to fill an elected office vacancy within 30 days of the vacancy or hold a special public election. Seem obvious?

(Kudos to Kansas City, Mo., Mayor Sly James who, on the first day confronted with a council member vacancy, set in motion procedures to have the elected seat timely filled.)


Sales tax on food removal

Kansas is one of few states that adds sales taxes on grocery and food items .A bill will be introduced that will, if enacted, take that onerous tax off of every Kansan, regardless of income, that consumes food; beginning first by phasing it off of fruits and vegetables.

Hate or bias crimes sentencing enhancement
Having been the solo sponsor for many sessions of a penalty sentence enhancement provision for those crimes motivated primarily by “hate” or “bias” against a victim due to color, religion, creed, national origin, sexual orientation, the tragic shooting and deaths at the Jewish Community Center parking lot and the death of a young Somali (Moslem) man prompted me to once again pre-file a state penalty bill for what are now only federal sentencing relief provisions. It is Senate Bill 1.

Revenue shortfall
In total, the state general fund tax revenue dropped more than $700 million in fiscal year 2014 than from the year before, more than the income losses Kansas faced during the entire Great Recession. When revenues declined $618 million from fiscal year 2007 to fiscal year 2010, the governor tried to attribute much of this loss to federal issues. The reality is this is the direct result of his reckless experiment slashing corporate tax responsibility.

This isn’t the “shot of adrenaline” the reelected governor said it would be. Furthermore, the latest Consensus Revenue Estimate released mid-December indicates the Kansas Legislature needs to cut $300 million from the current fiscal year’s budget with an additional $435 million to cut from next year’s budget to accommodate a continued decrease in revenue. Education and social services make up 90 percent of Kansas’ expenses.

Medical marijuana
I have reintroduced legislation that authorizes medically prescribed marijuana in Kansas. Introduced by me, alone, time and again before, the Kansas Legislature leadership has never even had a committee hearing, for or against, the issue. Given the revenue shortfall Kansas faces and the support from voters in 24 other states and the District of Columbia, I remain upbeat that 2015 may mean change for “Senate Bill 9.”

Eyewitness identification
Shouldn’t all “eyewitness” identification used to prosecute and-or convict a suspect have certain consistent benchmarks? I hope you agree that accuracy and reliability are the basis for the introduction of such evidence. Once again, I have sponsored legislation that will amend current law pertaining to eyewitness identification; establishing consistent procedures that ensure the reliability of any photo or live lineup. Should the procedures not be followed (or there is any other contamination of the evidence), only the court would determine whether the eyewitness identification is admissible.

Death penalty abolition
One bright side to the governor is his often professed commitment to abolishing the death penalty. No legislator has ever sponsored legislation to abolish the Kansas death penalty more than I. Moral arguments aside for a moment, having a capital punishment statute on Kansas’ books does not deter heinous crime, costs exponentially more than incarcerating an offender than life-without-parole and is inherently income skewed.

Minimum wage increase – child poverty

An effort will also be made in 2015 to increase Kansas’ minimum wage by $2 per hour. In the last five years, childhood poverty has increased by 22 percent and, currently, nearly 1 in 5 Kansas children live in poverty. At the same time, the number of families receiving temporary assistance has decreased by 28 percent; attributed primarily to the current governor, his administration and the mindset of his allies in the Kansas Legislature who have successfully made it more difficult for families to qualify for assistance.
Any full time employee merits a pay sufficient to house, feed and provide for themselves.

School finance lawsuit
During the 2014 session, the Kansas Legislature passed legislation that complied with a Kansas Supreme Court order to equalize funding, which provides balance for districts that may be in smaller or poorer communities that have less property tax revenue. The money allocated by this legislation cannot be used for anything other than what it was allocated for, such as capital improvement projects or equipment. The only way to truly send more money into classrooms is to resolve the adequacy issue by increasing the base state aid per pupil.

The three-judge panel’s initial ruling in January 2013 indicated funding was not adequate, but the court remanded this decision saying the correct test was not used to determine adequacy. The court issued their second ruling regarding the adequacy issue in late December 2014 which now too is likely to have significant impact on the budget.

Body cameras for law enforcement officers
This session, I will enhance my previous “dash camera” and “video-taping of all felony interrogations” introduced bill themes now with a bill requiring all law enforcement officers to wear a functioning camera during their respective shifts. Many Kansas departments already detail cameras. Law-enforcement, prosecutors and defense counsel often all agree that an accurate depiction of an interaction between law enforcement and a citizen is often the best of evidence.(The President recently authorized $75 million in grants available for such equipment.)

Local election schedule – Unified Government 2015
Ready, as I am, to sound off about the unfilled 1st District At-Large vacancy?
How about In-District? Or the BPU or USD 500 or KCK Community College boards?
Register of Deeds and Drainage Districts?
Believe it or not, the filing deadline for candidates in these crucial local positions and potential races is right around the corner on Monday, Jan. 26, at noon.
The primary is March 2015 and the general is April 2015. Stand up. Be counted!