In This Issue
"Turnaround"
FY 2009 Update
State Finance Council
Holcomb
GDL

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Legislative Newsletter 5

Dear Friends and Family,

We have had an extremely eventful week in Topeka.  Week six is the halfway point of the session and also marks a major legislative deadline known as "Turnaround."  We spent most of the week on the House floor in an effort to push through bills before the Turnaround deadline.  As of Wednesday the only legislation to reach the governor's desk yet this session is the revised FY 2009 budget bill.  I was extremely eager to work through bills to ensure that important policies are passed for Kansas.

As always, if you have questions or would like to contact me, please do so as I always appreciate your input.

Sincerely,
Mike Slattery for the Kansas House - District 24
Mike Slattery
State Representative

Turnaround Time

"Turnaround" is the date that most bills must clear their house of origin.  All bills not cleared by this point "die," receiving no action for the remainder of the legislative session.  This deadline applies to most committees, although some exempt committees do not fall under the Turnaround deadline and bills from those committees remain in play (Appropriations is an example of an exempt committee).  

Despite the Turnaround deadline, opportunities often develop to amend bills into other pieces of legislation.  Additionally, in previous years "dead" bills reappeared in conference reports or as provisos in appropriations bills. Nevertheless, this week has been busy as lawmakers pushed hard to move bills to the House floor before the deadline.  

Beginning next week, the House of Representatives will begin to consider legislation approved by the Senate, while the Senate will begin to consider bills approved in the House of Representatives. 
 

2009 Budget Update


The FY 2009 budget, approved by the House late last week, reached the Governor's desk this Tuesday.  The Governor signed the bill into law as soon as she received it on Tuesday afternoon, but she did exercise her authority to issue line item vetoes.  Final cuts in the FY 2009 budget totaled approximately $300 million and will satisfactorily fill the budget gap we face in the current fiscal year. 

The Governor exercise the following Line Item Vetoes:

Reductions to Kansas Schools
The Governor adjusted the cut to $33 base state aid per pupil, which is the amount originally agreed upon in the Senate and by several members of the House.    She also preserved $4.5 million in special education money, which may be a requirement to receive federal stimulus money.

KPERS Debt Service
Restructuring of the KPERS bond must be approved by the State Finance Council.  Because this has not yet happened, the Governor was forced to veto the transfer.

Transfer limitation of Health Care Stabilization Fund and Kansas Bioscience Authority
The Governor's original budget stopped the transfer of money to the Health Care Stabilization Fund as one method for preserving the State General Fund.  Additionally, the Kansas Bioscience Authority confirmed earlier this year that they could operate under the proposed transfer limitation, which is why the Governor restored her original recommendation to limit transfers to this agency as well.

The Governor had already included $2.5 million in additional funding for WCGME in the revised fiscal year 2009 budget.  The governor vetoed the additional money which was added by the Legislature on top of the original $2.5 million.

I was very pleased that the governor took immediate action on the bill.  Now that the 2009 budget debate has been settled, we must swiftly begin working through the 2010 budget.  This process was drastically delayed by disputes over 2009 reductions, but I am hopeful all lawmakers will return to the table to negotiate responsible appropriations in 2010 that will also protect our most important investments.

State Finance Council

The Kansas State Finance Council, chaired by the governor and composed of legislative leaders in the House and Senate, retains the authority to make certain financial decisions without the approval of the entire legislature. 

The State Finance Council was scheduled to meet last Monday to issue the routine certificate of indebtedness.  Instead, the meeting was canceled abruptly and followed by a press conference with Republican leaders to announce the illegality of issuing the certificate.  Republican leaders argued that without an approved state budget plan, it was unlawful to issue a certificate of indebtedness because there was no way to know that the money could be repaid.  
     
State Budget Director Duane Goossen repeatedly conveyed to members of leadership that certificates of indebtedness had nothing to do with the revised FY 2009 budget bill.  As long as the budget director can verify that the certificates will be paid, it is lawful to issue them.  The Governor did sign the budget bill as soon as she received it on Tuesday though, in an effort to bring legislative leaders back to the table.  

Last Wednesday was the final opportunity to approve the certificates that would allow the state to meet payroll on Friday.  The Governor called a second meeting of the State Finance Council on Wednesday afternoon, at which time legislative leaders at last approved the certificates.  Although this action resolved the issue and allowed the state to pay its bills, the events of the week were extraordinarily frustrating to witness as a lawmaker, and even more so as a taxpayer.

At this point we are halfway through the session and have only just begun working through the 2010 budget, which faces a $1 billion deficit.  We simply had no time to waste on political squabbling.  I regret that so many Kansans were left in a state of disarray for so much of the week unnecessarily and hope to see more collaboration and communication in the second half of the session.
 

Holcomb Debate Returns

The Holcomb debate looks to return to the House floor in the form of House Bill 2014.  We anticipated a debate on this bill this week but it has been postponed. House Bill 2014 is a massive piece of legislation, merging together several different energy proposals brought before the House Energy Committee this session.  The bill addresses a variety of issues, including energy efficiency standards, net metering, KCC regulation, and the authority of the Kansas Department of Health and Environment.

I remain committed to increasing energy conservation in Kansas, reducing greenhouse gas emissions, promoting renewable energy development, and meeting the baseload energy needs of all Kansans while protecting the ratepayer.  In these difficult economic times, however, I feel very strongly that we must keep our eye on the ball.  In 2008 the energy debate dominated the legislative session and prevented Kansas from moving forward in the development of a comprehensive, long-term energy plan.  This year we must continue with that effort but not in a manner that divides the legislative body and takes time away from addressing the current budget crisis.  

I will provide more information about House Bill 2014 when it comes to the floor next week.  I have a number of concerns with the legislation as it stands but I will wait to see how proposed amendments will change the bill before making a decision.  If this is approached in a bipartisan manner, I am confident that we can make some progress toward a comprehensive energy plan for Kansas before the end of the session.

I will keep you posted.

Graduated Driver's Licensing he Transportation Committees in both the House and Senate have proposed stricter requirements for granting driver's licenses to teenagers in Kansas.  For one reason or another, the proposal has yet to reach the governor's desk, despite the danger inexperienced teen drivers frequently present to themselves and others on the road.  This week the House finally made some progress on this issue through the passage of House Bill 2143.

House Bill 2143 modifies the requirements for licenses for all drivers under 17.  The following amendments to current statute were included:

Instruction Permits:
To obtain an instructional permit, a licensed adult at least 21 years old who has at least one year of driving experience must accompany the driver.  

Farm Permits:
A farm permit would be available from age 14 until age 17.  The bill would also allow for permit holders who are 16 or older to drive at any time from 5 a.m. to 9 p.m. and while going to or from authorized school activities.  

Restricted License:
To obtain a restricted license, the driver must have held an instructional permit for at least one year. If the driver is under 16, the applicant must have completed driver's education.  A 16-year-old applicant would have to have completed at least 50 hours supervised driving, with 10 hours being at night.  The bill would allow drivers 16 or older to drive at any time from 5 a.m. to 9 p.m.; while going to or from or in connection with any job, employment or farm related work; and while going to or from authorized school activities.  

Full License:
To obtain a fully unrestricted license the applicant must be at least 17 years old, increased from the current 16-year-old requirement.  Any applicant younger than 18 must have completed at least 50 hours of supervised driving, with 10 of those hours at night.
    
Other proposed changes:
The bill would continue to disallow nonsibling minor passengers if the restricted licensee or farm permit holder is younger than 16.  
It would allow the restricted licensee or farm permit driver who is at least 16 to have one passenger younger than 18 who is not a member of the driver's immediate family. 

The bill would ban drivers with permits and restricted licenses from operating wireless communication devices while driving except to report illegal activity or to call for emergency help.

The bill would lift restrictions such as limits on nonsibling passengers and time of day when driving would be allowed on holders of farm permits and restricted licenses who at least 16 years old and who have not violated any of the restrictions for at least 6 months.  

The bill would require suspension of a restricted license or farm permit for any violation of restrictions or if the holder has two or more accidents chargeable to the holder.  

A suspended restricted license or farm permit could not be reinstated for one year if two or more accidents are charged to the driver.  If the holder of a farm permit or restricted license is 16 and convicted of two or more moving violations committed on separate occasions, the holder may not receive a full driver's license until age 18.  

The bill would also add required suspensions of driving privileges for those guilty of violating permit or license restrictions: 30 days for first convictions, 90 days for a second conviction, and one year for a third or subsequent conviction.