Owen Donohoe


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Weekly Update March 30-April 3, 2009

Previous Legislative Updates

The House considered hundreds of bills this week as we finished up before first adjournment. A few of the highlights included:

2010 Budget

By a vote of 71-53, the House of Representatives passed a balanced FY 2010 budget that expands health insurance for children and services for those with physical disabilities.

The bill ensures that the state will receive all education related federal stimulus dollars. The House took measures to allocate these funds solely for education in Kansas. As was the case when the bill came out of the Appropriations Committee, Kansas public schools, with additional federal support in Title 1 education dollars, will see more money than they did last year.

Total State General Fund expenditures (including operating expenditures) for K-12 education, compared to FY 2008, will increase $140.5 million or 4.6% in 2010.

As compared to the current fiscal year, funding for Regents Universities will increase 1.25%.

House bill 2373 will add $4 million to the Home and Community Based Services Physically Disabled waiver as well as $1.2 million to expand the State Children's Health Insurance Fund (SCHIP).

We have a responsibility to help those who cannot help themselves. While cuts are inevitable to every agency, a careful balance must be struck to protect the most vulnerable without unfairly disadvantaging other vital state agencies.

By holding firm on the position that education must be considered for a reduction in the 2010 budget the House Republicans were able to severely limit the harm done to public safety and social service budgets.

Unfortunately, as the economy continues to slip further reductions to all areas of the budget may be necessary.

Back to School Sales Tax Holiday

HB 2328 would create a once-a-year ‘back to school’ sales tax holiday starting in August 2011. Schools and not-for-profit organizations – as well as individuals – will be able to take advantage of the exemptions. Exempt items include personal and clothing items under $100, software less than $300, and personal and school computers not exceeding $2000. This is a great idea to help parents save a little money on school supplies for their kids. Though this didn’t pass this year it was part of our Republican agenda and I will continue to push for a vote on this next year.

Random Drug Testing for Those Receiving Cash Assistance

The House passed HB 2275 a few days ago. This bill will allow for random drug testing of a sample portion of those receiving cash assistance welfare beginning in July 2010. If a recipient fails the drug test he or she must undergo counseling and drug rehabilitation. Upon a third failing drug test, the recipient will be cut from the cash assistance program and must go before a review board from the Department of Social and Rehabilitation Services. This bill is compassionate and responsible. It proscribes drug treatment if random testing reveals illegal drugs. This can improve life for these families, and is respectful to taxpayer funding.

Right to Bear Arms

Senate Concurrent Resolution 1611 would authorize the submission of a state constitutional amendment to section 4 of the Kansas Bill of Rights that would be considered at the general election in November, 2010. The proposed amendment would insert new language that states:
“A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose.”
Changing the wording of the Kansas Constitution to read “Individual owner right” from “The right of the People” will ensure individual gun ownership rights. The right to bear arms should be extended to the people, not just the government. I encourage all of you to vote on this important issue when it reaches the ballot in this November.

Veterans Medallions

HB 2171, as amended, would create, within the Kansas Commission on Veterans’ Affairs (KCVA), the Vietnam War Era Medallion Program. Under the Medallion Program, eligible veterans would receive a medallion, medal, and a certificate of appreciation.

To be eligible for participation in the Medallion Program, the veteran must:
  • Have served on active duty in the United States Military (Service at any time beginning February 28, 1961, and ending May 7, 1975)
  • Be a legal resident of Kansas or have been a legal resident of Kansas at the time the veteran entered or was discharged from military service or at the time of the veteran’s death; and
  • Have been honorably separated or discharged from the military or still be on active service in an honorable status, or was in active service at the time of the veteran’s death.
The Program will be open to veterans meeting the above criteria regardless of whether or not the veteran served within the United States or in a foreign country; and regardless of whether or not the veteran was under eighteen years of age at the time of enlistment. The bill is awaiting the Governor’s signature.

Promoting Employment Across Kansas (PEAK)

HB 2365, passing by an overwhelming vote of 124-1, seeks to create new jobs and opportunities for the citizens of Kansas. The legislation is designed to compete with other states, particularly Missouri, Oklahoma, and the 25 other states that are using more creative and aggressive business development and recruitment tools.

To qualify, new jobs must come to Kansas through the relocation of business operations and jobs from other states or repatriation of jobs from foreign countries.

The qualifying company that creates new jobs is eligible to retain the state of Kansas withholding taxes that would ordinarily have been sent into the state for a set number of years. This means that there are not “up front” costs to the state out of the treasury or any economic development fund.

There are minimum requirements in the number of new jobs in order to qualify for the PEAK program. Metropolitan counties will require the creation of 10 new jobs while rural counties will only require a minimum of five newly created positions.

The companies are required to pay 50% of the health insurance costs for the employees. Additionally, the higher the wages paid in the new jobs, the more benefits the qualifying company is allowed. This creates a very attractive situation for both the employer and employee.

PEAK will help modernize our economic development tools and make Kansas competitive so we can create new jobs for our citizens by attracting new companies to the state. It is the right thing to do for Kansas workers, families and communities.

While the legislature does not return until April 29th, I am available to speak with you during the interim. Please contact me to set up an appointment. It is an honor to serve as your Representative; I look forward to discussing your individual cares and concerns.