Mike Slattery - State Representative for Kansas House District 24

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From the Statehouse: Week 7

Dear Friends and Family,

        As is typical with the week after the Turnaround deadline, the Legislature was closed on Monday.  The Speaker then called for a Pro Forma day on Tuesday, so the House did not reconvene until Wednesday.  Committee schedules were lackluster this week with a few exceptions, but we did engage in two very lengthy debates on the floor Thursday and Friday.  We have five weeks until First Adjournment, which is the next major legislative deadline. 
 

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


Budget Update: No Movement

Last week, the Legislature sent the FY 2010 Rescission bill to the Governor.  He has not yet taken action on the bill, but if he signs it (which he is expected to do), his signature will officially enact $92 million in cuts to the current budget, effective immediately.  As I mentioned last week, revenue estimates continue to come in below what has been expected and the gap has only gotten bigger.  On Friday, February revenues came in $71 million short for the month, for a total $105 million shortfall in FY 2010.  We will be forced to revisit the budget in April, after the most current revenue estimates are made available.  Until then, I'm still waiting to see some major movement on the FY 2011 budget in Appropriations, which hasn't yet happened.  Some legislators continue to insist that Kansas has a spending problem, not a revenue problem.  However, those legislators have yet to identify what programs stand to endure further cuts.  After five rounds of cuts and a sixth round on the horizon, I have a hard time accepting that assertion.




Effective July 1, 2010, Kansas will be Smoke Free

Last year, the Kansas Senate passed a statewide smoking ban, House Bill 2221.  Despite significant support from representatives, the bill was tabled in House committee and essentially killed for the year.  Then in January, Governor Mark Parkinson revived the debate and encouraged the Legislature to move forward with this initiative in 2010.  In his State of the State Address, Parkinson requested legislation that was not "full of loopholes" and that would satisfy the 75% of Kansans who want a "real public smoking ban." 
Because the bill carried over from last year, the House retained the opportunity to concur with the Senate bill.  This legislative procedure is utilized on occasion when a bill with significant support gets "stuck" in a chamber.  If enough members concur, the bill goes directly to the Governor with no opportunity for amendments.  After hours of debate, the House voted to concur with House Bill 2221at a vote of 68-54.

Effective July 1st, the Kansas Indoor Clean Air Act will protect Kansans from harmful secondhand smoke by banning smoking in public places, any place of employment, including restaurants and bars, and access points of all buildings not exempted by the bill. Those buildings exempted include: private homes, outdoor areas with ventilation, gaming floors of lottery gaming facilities or racetrack gaming facilities, designated smoking rooms in hotels, and tobacco shops.

This is not perfect legislation, and it is very possible that we will need to do more work on it next year, or pass a trailer bill.  However, killing the bill would have delayed the advancement of any clean indoor air act for years.  It was more efficient to press forward and with the option of improving the legislation over time (as we do with all statutes), rather than delay any movement at all for the indefinite future. 

Protecting the health and safety of Kansans is one of my top priorities in the Statehouse.  There is no risk-free exposure to cigarette smoke.  Tobacco-related diseases cost Kansas nearly $200 million annually in Medicaid costs and are the number one cause of preventable death.  Not only will a smoking ban protect innocent Kansans from harmful secondhand smoke, it will save our state millions of dollars during a year when we have no funding to spare.  Health benefits aside, this is simply good public policy.
           
Based on all of the health and fiscal benefits relating to clean indoor air, I decided to join the core team of legislators working on the bill.  I partnered with members of both parties to increase the support in the House of Representatives.  Passing the clean indoor air act was my top legislative priority in 2010, so after a year of grassroots efforts I was thrilled to see this historic piece of legislation become law.


Major Job Creation Bill Passes House

On Friday, the House debated at great lengths a job creation bill titled "Promoting Employment Across Kansas" (PEAK).  PEAK is an economic development tool designed to assist our state in recruiting quality, sustainable and good paying jobs.  For over two years, the employment base across the state has eroded.  That economic deterioration here in Kansas is the worst since the Great Depression, with nearly 100,000 of our neighbors unemployed or under employed.  It is imperative that our number one priority at the state be the growth of the economy, creation of jobs and working our way out of this dire economic situation.

Job creation is not only critical for our citizens, but restoring employment is one of the important keys to solving our state budgetary problems.  The state of Kansas needs more revenue, and unemployment reduces our funding base created by income, sales and property taxes.  Getting Kansans back to work is the fundamental building block for families, communities and the state.

PEAK is designed to help Kansas attract new jobs by providing a financial incentive for businesses considering relocating or expanding in our state.  Similar to the recent success in attracting Cerner to Wyandotte County, PEAK will provide another tool for our state to improve our economy and bring more jobs to our state.  PEAK, as opposed to other economic development tools, provides no upfront cash incentives.  The incentives offered are only when the jobs are actually in place and employees are being paid.  This provides another layer of protection for our state, ensuring that we are not paying for jobs that are not being created.  

Despite the upfront costs associated with PEAK, projections from legislative research show the five-year positive impact on revenues from these jobs could be well over $35 million.  During a recession we must do everything we can to help our economy grow and create jobs, and PEAK provides another opportunity to achieve these goals.


Health Care Amendment Heard in House Committee

On Thursday, the House Judiciary Committee heard testimonies on SCR 1615 - the concurrent resolution asserting state sovereignty under the 10th Amendment over "intrusive" federal legislation.  Several state senators gave testimonies, along with many citizens from across the state who have been adamantly opposed to federal health care reform.  Proponents testified that the federal government has failed to respect states rights under the 10th Amendment and that this resolution will carry that message to Washington D.C.  Some proponents also referenced the debate over national health care reform in Washington and said that any results should be in the form of a constitutional amendment, not federal legislation.  Some also worried about the federal government establishing state mandates that do not have funding and their effect on the state budget.

Opponents were concerned that this resolution would send a message to the federal government that Kansas is not in favor of certain important federal acts, including the Civil Rights Act of 1964, the Violence Against Women Act, and other acts relating to inter-state violence like the Amber Alert law.  Some also inquired about whether the correct place to raise these concerns would be the courts as they have the power of judicial review over allegedly unconstitutional laws. 

I have a number of concerns about this proposal.  Foremost, I believe that it is highly irresponsible to treat the Kansas State Constitution like a political piñata.  There is no federal health care bill yet, so it seems highly premature to publicly declare opposition to something that doesn't even exist.  Secondly, state legislatures are not the place to challenge federal legislation.  If citizens are concerned about a federal law, they can challenge its constitutionality in court.  That is what the judicial branch is for.  In my opinion, taxpayers expect Kansas lawmakers to make more productive use of their time rather than argue about federal legislation over which they have no jurisdiction. 


Keep in Touch

It is a great honor to serve as your state representative, particularly during this difficult economic time.  I deeply value and need your input on the various issues facing state government.  Again, I am here to serve and represent you, and communication between us is vital.  Please feel free to contact me with any comments and questions.  My office address is Room L-8, Docking State Office Building, Topeka, KS 66612.  You can reach me at (785) 296-7665 or call me at home at (913) 362-7528.  Additionally, you can e-mail me at mike@mikeslattery.org.

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Slattery for Kansas House
Aaron Otto Treasurer
PO Box 1171
Mission KS 66222