Owen Donohoe


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Weekly Update Feb. 16-20, 2009


Previous Legislative Updates
This update is from the Office of the House Majority Leader Ray Merrick, summarizing the work of the legislature and the key issues being discussed in Topeka. These updates give you good insight and should be a helpful way for citizens of the 39th District to follow the developments of issues and legislation that affect all Kansans.

Message from the House Majority Leader:

Budget Reaction

I applaud the Governor’s decision to take a responsible approach to solving the structural imbalance in the budget by signing House Substitute for Substitute SB 23. The Republican members of the House of Representatives have worked diligently to craft a bill that provides for a long-term solution. While softening the cuts this year only creates a need for deeper cuts in 2010, I am pleased that she agreed with the Legislature that over $300 million in reductions are necessary to balance the budget.

By doing the right thing and clearing the way for the legal issuance of certificates of indebtedness, the Governor has finally made the responsible choice for the citizens of Kansas.

I now look forward to working with Leadership and the Governor in making fiscally sound choices for the 2010 budget.

The State is facing an unprecedented debt. The taxpayers of Kansas need to be certain that their dollars are being used responsibly and with as much transparency as the process allows.
Achieving that goal began in the State Finance Council. The House respectfully urged the Governor to ask for the smallest certificate of indebtedness necessary to meet current needs. The State is facing an unprecedented debt. The taxpayers of Kansas need to be certain that their dollars are being used responsibly and with as much transparency as the process allows. It is important that we do not accumulate debt above and beyond what is necessary as it will make the continued process to provide a long-term solution to the structural imbalance in the budget that much more difficult.

In the hopes of clarifying any misconceptions about the Governor and the time-line surrounding the signing of the revised 2009 budget bill, the delay was caused due to the fact that the bill was in the process of being printed, enrolled, and proofread. It is a process that neither the Governor nor the Legislature has any control over. The Governor knew the contents of the bill and its provisions. While she was not able to sign the bill, she knew that until she did, asking for additional certificates of indebtedness went against Kansas statute.

This was not a partisan issue. Violating statute is not an option for the Legislature. We are now able to issue the additional certificates as SB 23, signed into law, eases our cash flow for the remainder of the 2009 fiscal year.

The decision was made, by the Governor, to halt income tax refunds last week. It was perplexing that she halted income tax refunds due to not having enough money in the budget but asked for additional certificates of indebtedness even though she knew the dollars for repayment would never materialize without a fundamental change in the 2009 budget. Kansas citizens deserve better.

The Legislature did not prevent state employees from being paid. The Governor attempted to draw attention away from the fact that she has multiple options to fix this problem. Her options did not include illegally issuing certificates of indebtedness when revenues, in this climate, cannot begin to repay the debt. She can easily sign House Substitute for SB 23 or fix the problem by issuing allotments.

Payroll was never in jeopardy. Below is a copy of the communication the Legislature received from the Director of Research (KLRD), a non-partisan group:
"The Governor has flexibility in managing the State General Fund, which would include when to pay bills, when to process payments; and how to pay those bills… the availability to get $25 million in the State General Fund by Friday should be workable and the payment of the state payroll should not be in question..."
In addition, I want to thank you for your ideas and concerns on the budget. Government works for you and because of you!


Tele-Medicine & Tele-Health Monitoring

The Vision 2020 Committee in the Kansas Legislature heard more than seven hours of presentations on the technologies associated with monitoring and providing quality health care to persons in hospitals and homes.

Tele-medicine is the use of the Internet for health care providers to “see” patients and tele-health monitoring is the use of telecommunications services and devices to monitor chronic health conditions (e.g., diabetes, high blood pressure) on a daily or more frequent basis.

The value of tele-medicine is that the combined video and audio capabilities of tele-medicine are far superior to a phone conversation in which one physician tries to describe details of the clinical situation.

Health care providers, insurance company representatives, and the Kansas Health Policy Authority staff have committed to collaboratively developing a strategy to expand the use of telecommunications technologies to improve health care delivery and outcomes, identifying an appropriate funding/reimbursement schedule, and accelerating the time frame for deploying the necessary telecommunications technologies where they can be beneficial.

The parties will return to the Committee in early March with a plan of action noting that they will come before the Committee next January with a more complete proposed “road map” for legislative consideration.


Cell Phone Location – A Bill to Support Victims and Their Families An important new tool for law enforcement stemming from the Kelsey Smith kidnapping

House Bill 2126 was advanced to Final Action on Thursday. This is an important bill that requires wireless phone providers to provide information about the location of users of their services in certain circumstances. Specifically, if requested to do so, a telecommunication provider would be required to furnish call location information to a law enforcement official or agency in order to respond to a call for emergency service from a subscriber, customer or user of the telecommunication service. The telecommunication service provider also would be required to respond to a request to provide caller location information, utilizing a “ping locate,” in an emergency situation that involves danger of death or serious physical injury to any person where disclosure of communications relating to the emergency is required without delay.

This bill was introduced in reaction to the Kelsey Smith kidnapping in Overland Park. It will provide an important tool for law enforcement when it comes to locating individuals in emergency situations, saving lives in the process.


Graduated Driver’s License
Encouraging better training for teen drivers


In an effort to prevent injury and death among teen drivers, Substitute for House Bill 2143 advance to Final Action on Thursday. The bill will require that every teen must hold a learner’s permit for 12 months before obtaining a restricted or a full license. It will limit teen drivers to no more than one non-sibling passenger under the age of 18 during the first 6 months of full licensing. It will also limit late-night driving to 9:00 p.m. during the first 6 months of full licensing unless driving to and from work or school. The bill makes no changes to the existing farm permit provisions or restricted license provisions.

This bill will ensure that teen drivers have more experience behind the wheel before they receive their full driver’s license. It will remove distractions from the new driver's vehicle allowing them to focus on the road. Additionally, it limits teen drivers from exposure to difficult driving situations keeping them, and other drivers, safe on Kansas roadways.

It is an honor to serve as your Representative. If you have any questions or concerns, budget or otherwise, please contact me.