Legislative Update Week of March 1-5, 2010

Ignition Interlock Devices

This week Laura Dean-Mooney, Mothers Against Drunk Driving’s (MADD) national president, testified in front of the House Judiciary Committee Hearing on SB 368, which weakens current DUI statute, advocating amendments to the bill. She was in favor of striking the language weakening the ignition interlock law and urged the committee to amend the bill to include a requirement of interlocks for first time offenders.

Kansas was one of a very few states to see an increase in drunk driving deaths from 2007 to 2008. In 2008, 131 people lost their lives in alcohol related crashes on Kansas roadways. We need to strengthen the statute not only for those convicted of a DUI, but also for those who refuse the administration of a breathalyzer, as a crucial step in preventing the increase of DUI offenses. States with the interlock requirement show marked decreases in repeat offenders.

Currently, Kansas statute is succeeding by increasing compliance rates and decreasing violations and offenders driving illegally while unlicensed and uninsured. Removing of this requirement will increase non-compliance and put repeat DUI offenders back on the road without any method to insure public safety. I will continue to encourage the House Committee to take a strong stand. I will support their work to prevent the weakening of Kansas DUI statutes and their goal of increasing the scope in which the interlock devices will be employed in this state.

Repeal of Religious and Utility Tax Exemptions

HB 2549, as passed out of the House Tax Committee, would repeal the sales tax exemptions on certain property and services purchased by religious organizations. Additionally, it would remove the sales tax exemption on your utilities (gas, water, electricity, coal, wood, and heat for residential use) which would impose the 5.3% sales tax on those purchases.

I oppose this bill and the removal of these exemptions. Adding to the already high tax burden faced by Kansans is irresponsible. We will not be able to tax ourselves out of this recession. The state does not have a revenue problem, we have a spending problem. We must demand accountability and ensure that taxes, which once levied rarely go away, are used responsibly.

It will also remove the sales tax exemption on lottery tickets, a move that could potentially cost the state money. In order for Kansas to be eligible to participate in multistate drawings such as the Power Ball, the Kansas Lottery agrees to defined ticket prices. By adding the tax, we would be effectively withdrawing Kansas from the multistate drawings and foregoing the additional $36 million dollars in revenue that it brings in every year.

House Budget Approach
Some new data shows the House position is in step with Kansans’ concerns over the budget and government spending. An unprecedented 92% of registered voters agree that because federal stimulus dollars are no longer available, Kansas must have a “serious overhaul of the budget”. Additionally, 85% of voters agree that the state needs to live within its means. Further budget questions revealed similar attitudes of voters regarding the budget:
70% of voters believe the state spends or wastes too much money and should or could cut.
54% of voters named an element of fiscal restraint as the most important budget priority for Kansas.

The House is continuing to identify responsible ways to balance the budget without a blanket tax increase. Now that the House has passed the Governor’s partial rescission of FY10 spending, we are focusing in on balancing FY11 without causing further turmoil to our fragile state economy. The House is also leading the way on creating new policy which will restructure how Kansas budgets and spends your tax dollars.

Energy Efficiency

This time of year finds many of us thinking about ways to save on energy costs. If you’re considering improvements at your home or workplace, you should know that the State offers several programs to improve the energy efficiency of homes, small businesses, and public buildings. The following is a continuation of my efforts to coordinate with the Kansas Corporation Commission in order to highlight the efficiency programs.

Weatherization Assistance Program (www.kshousingcorp.org/programs/wap.shtml)
This long-standing grant program, operating by the Kansas Housing Resources Corporation, targets Kansas households with incomes up to 200% of the federal poverty level or 75% of the state median income, whichever is higher. Eligible Kansans can receive weatherization assistance for improvements in single- or multi-family residences, including manufactured homes. The program is open to renters. For more information, contact Kansas Housing Resources Corporation (785-296-4990).

Facility Conservation Improvement Program (FCIP) (www.kcc.state.ks.us/energy/fcip/index.htm)
The FCIP is designed to help public entities—state, cities, counties, and schools—use energy savings performance contracting to access financing for energy-efficiency projects. It is operated by the State Energy Office. For more information, call the State Energy Office (785-271-3170).

Energy Manager Grant Program (www.kcc.ks.gov/energy/arra/energymgr.htm)
This new grant program, operated by the State Energy Office, provides coalitions of local governments (cities, counties, school districts) with a $50,000 annual stipend for up to two years to enable them to hire an energy manager. Energy managers will develop both short- and long-term plans for each of the coalition members, with the goal of reducing energy usage in both the public and private section. The application deadline for this grant is April 15, 2010. For more information, download the program description and application (www.kcc.ks.gov/energy/arra/energymgr.htm), or call the State Energy office (785-271-3170).

In addition to the programs listed above, USDA Rural Development offers the Rural Energy for America Program (REAP) grants and loans, targeting agricultural producers and small rural businesses. For more information about REAP, contact David Kramer (david.kramer@ks.usda.gov; 785-271-2736).

It is an honor to serve you in the House of Representatives. I would be happy to discuss these or any issues with you individually. Please do not hesitate to contact me or my staff with any questions or concerns.

Sincerely,

Rep. Owen Donohoe

39th District Kansas