Posted by Representative Mike Kiegerl Kansas House of Representative
Posted on Feb. 8th, 2010
Mike Kiegerl
THE WEEK THAT WAS
This week we began with final action on several bills and introduction of significant new legislation. The bills on general orders we voted on were:
HB 2440 Requires the secretary of corrections to notify a victim and family upon the death or escape of a prisoner. Passed 118-0
HB 2412 The parole board may release a prisoner who has a terminal medical condition and deemed by a licensed physician to die within 30 days and who is not a risk to public safety. Passed 74- 44 (I voted Aye)
HB 2160 Insurance claim payments to be transmitted directly to the primary policy holder without endorsement from a mortgage and lien holder. Passed 97-18 (I voted Aye)
HB 2476 Increases court docket fees by a surcharge of $10 to $15. Passed 86-32. I voted No
HB 2411 The K2 bill. Adds to the list of controlled substances synthetic marijuana, Ecstasy, and amphetamine. These substances are already illegal by federal law but were sold openly in Kansas. Passed 110-10 (I voted Aye)
SB 48 Changes funding of the 911 emergency system to assure that the new 911 is properly functioning. It levels the cost and it is revenue neutral. Passed 106-15. (I voted Aye)
SB 298 Identification signage for certain oil and gas wells. Passed 72-49 (I voted No) The bill is unnecessary, retroactive, and vague.
SB 324 Home inspector liability limits. I voted for a similar bill last session but new convincing evidence demonstrated that great damage to a home owner could be the result of incomplete or erroneous inspections. The bill failed 30-81 and I voted No.
BILLS INTRODUCED LAST WEEK WHICH MIGHT COME UP THIS WEEK:
HB 2439 The texting while driving bill. I’ll support it as presently written.
HB 2441 Crimes and punishment, establishes involuntary manslaughter while driving, texting and causing an accident which results in a person’s death. My view same as above.
HB 2442 Establishes the Kansas Streamlining Government Commission which will provide an independent review of state agencies. I believe this is absolutely needed.
HB 2516 Kansas expanded lottery act. Whether slot machines should be allowed at Sedgwick County dog and horse tracks. My view: let the voters in Wichita decide.
HB 2519 Concerning sales taxation streamlined tax and conformity. As I read it now, I’ll support it, but it is likely that have many potential amendments will be offered...
HB 2537 Strong versus weak beer and who might sell which. This is presently before my committee and not likely to be considered this week (see Committee Reports below.)
HB 2541 The Illegal Immigration Relief Act. A hot button issue: we have tried and failed to pass legislation restricting benefits to the undocumented. I have cosponsored several of these bills to no avail. We’ll try again. I’ll support any measure which gives KS taxpayers relief
HB 2622 No public funds for lobbying. We’ve tried this before, too. It’s insane for taxpayers to pay for lobbyists who may advocate issues they oppose. I’ll vote Aye.
HCR 5028 Establishing a three year moratorium on granting new tax exemptions or tax credits. I’m not sure on this one and will need to see the final version. Generally I oppose the easy fix of categorically mandating measures which we should consider individually and cast a vote. Were a meritorious program to come before us we should debate it rather than saying “Come back in three years and we’ll consider it.” By the same token we need to review all tax exemptions which have proliferated into the hundreds to see whether they’re still warranted.
NOTA BENE:
My expressed preferences are not firm commitments on how I will finally vote but my views of how I see a bill now. I want you to have the chance to provide input and I can change my mind if a large number of constituents disagree with my initial perception. If the vote is not a matter of conscience (i.e. Right to Life, or death penalty) I’m guided by a majority opinion of my constituents, in particular if the margin is lopsided. In addition, bills often come to the floor with amendments which might completely change contents, or a gut and go procedure will delete the entire content and substitute some thing else. This would obviously affect how I finally vote. (Last session a bill on cock fighting was gutted and a late term abortion measure inserted.).
For a bill to come to a vote it must be “above the line” on general orders. This is determined by House leadership and particularly by the majority leader. Keeping it from coming up means that the bill dies.
FRESH OFF THE PRESS (CONFERENCE)
I participated in three meetings with the Capitol Press Corps last week to promote and advance legislation I co-sponsored with a number of my colleagues. The first is HB 2630 which deals with property tax reform; this bill allows taxpayers to have a voice in how high government taxes can go. I have 13 co-sponsors.
Second, I made an appearance with Congressmen Tiahrt and Moran to support the Kansas Health Care Freedom Act which gives Kansans the opportunity to vote for their health care sovereignty and prevent our citizens from being subject to fines and penalties resulting from their choice of their own health care provider (32 co–sponsors.)
Finally we rallied to advance a concurrent resolution presently in the Senate which urges Congress to honor the Tenth Amendment of the US Constitution and refrain from imposing controls on our state we find objectionable. I’ll keep you informed of the progress of these measures.
MY COMMITTEE ACTIVITIES
The final draft of the report of the hearings of the Children’s Issues Committee which I chair will be available and presented to the legislature within a week. We found the need to make substantial changes in handling of policies and procedures in the foster care adoption and family restoration programs. I have introduced 4 bills which will be considered Mar 1.
The Federal and State Affairs Committee on which I’m vice chair heard testimony on two bills. HB 2444 proposes to bring Fire Marshals under the control of the Insurance Commissioner. At present Chiefs of Fire Departments are appointed by, and report to, the Governor.
Evidence was presented that Fire Inspectors participate in a variety of training programs and that their decisions and judgments are therefore inconsistent and that complaints are ignored in the absence of organizational control. The chairman decided to form a subcommittee to evaluate and discuss the issue and to report recommendations. I will hold hearings as chair of the subcommittee early in the week,
HB 2537 deals with 3.2% and 4% beer, and who may legally sell it.
Current law allows only liquor stores to sell the stronger beer and convenience stores and supermarkets can only sell the weaker brew. They want to sell both. The bill is cleverly crafted to exclude Wal-Mart from competing by mandating that more than 50% of revenue for a store must be from food sales to sell strong beer which disqualifies the Super Wal-Marts.
WEAK VERSUS STRONG; YOU DRINK ENOUGH, YOU GET DRUNK
That was the observation for the record by one member of the Committee. He’s right, of course, but what we learned is that there is a minimal difference in alcohol content, because one beer’s alcohol is measured by weight, the other by volume. If you measure them both the same way there is hardly a difference. Nevertheless, this issue is important to liquor store owners who assert they’ll go out of business if Price Chopper gets to sell “strong” beer. The convenience stores argue that competition is good for the consumer and all they want is a level playing field.
SOCIAL SERVICES BUDGET COMMITTEE
…on which I also serve had a busy schedule last week. We are charged with examining the budget requests by the social services agencies and the Governor’s proposal and then make our recommendations to the appropriations committee.
The Veteran’s Affairs budget was cut by the Governor by $818,000 with a potential offset by Medicaid. “Potential” is the key term here as it is not at all certain whether the federal money will be forthcoming or whether we’re even eligible for it. Therefore the committee rejected the Governor’s proposals.
We also considered the budgets for the Board of Nursing, the state’s mental health facilities, and the state mental hospitals. We agreed to restore some of the cuts in the mental health programs. Our facilities are overcrowded and 20% of mental patients are in jail rather than hospitals. That is shameful.
OUR BEST AND BRIGHTEST
…are in the military and we must take better care of our veterans. I recently spoke to the Spring Hill Vets and will visit both the Gardner and Olathe Posts to encourage our veterans to take advantage of all federal assistance. In Kansas, only 13% get benefits while the national average is 24%. The reason for this may be that we have reduced the number of veteran service representatives who advise vets. Call my office for the number to contact your service representative.
The legislature approved the Vietnam Medallion Program which awards a nice medallion to those who fought in that war, but we did not fund it. Therefore the 250 applicants will need to wait until private funding picks up the tab. Shame on the legislature.
PAGES
January 28 was my first page day and I welcomed 5 eager young people to the House chamber. Lyla Goans, Guy Cauthon, Blake Phelps, Benjamin Boline and Caleb Wilson and a couple of Moms enjoyed the experience. Their picture with the Governor was published in the Gardner and Spring Hill papers and will be on my web site.
If you have a child between 10 and 16 years old who want to be pages please email terri@mikekiegerl.com or call TerriLois Gregory at 785-222-0445. She’ll be happy to give you information and make all arrangement.
VISITORS WELCOMED
I’m always glad to receive constituents and my door is open to all. Walk in if you must and take a chance I’ll be in, but better would be to call to make an appointment. In the morning we’re on the floor either voting and debating and I go to committee from 1:30 to 3 pm and from 3:30 to 5pm. Most of the time I can leave a committee meeting to visit; getting off the floor is more difficult.
My secretary Nancy Gilchrist will take your appointment, arrange tours, and help with directions on where to park. Call 785-296-7572.
My office is 173 West on the first floor of the capitol.
Last week’s visitors were: Sam Boyajian, Gardner Pharmacy; Melissa Mundt and Stewart Fairburn, City of Gardner; Melanie Landis & Jonathan Roberts, City of Spring Hill.
THE FINAL WORD
The business of liberals is to go on making mistakes; the business of conservatives is to prevent the mistakes from being corrected.
G. K. Chesterton (critic of both socialism and capitalism)
The article talks about how they make K2. They spray chemicals on it to give it the psychoactive properties they desire. The article also notes that no studies have been conducted on the safety of the chemicals, or of the herbs they spray it on. It also points out, quite correctly, that a 10 year old could buy it.
You might also peek at the mention of Johnson County, Kansas as being an area where they're seeing K2 making its way into the high schools. Gardner already has serious problems with drug usage in its schools. We don't need any more
K2 is NOT safewrote on 2/8/2010 11:19 pm
The very fact that we DON'T know what's in it should be a big red flag for those who would try to keep it legal. It's an unknown drug that's supposed to be like marijuana, but it's much stronger. Ten times stronger than pot. But we don't REALLY know what's in it?
What we DO know is that originally, the ingredients in K2 originally would not turn up on a urinalysis the way that pot would. More recently, K2 has been showing up as an "abnormality" in a UA screen. Why the change? Could it be that the people who are making K2 are altering the mix to include chemicals or drugs that DO turn up on screens? Perhaps more addictive chemicals or drugs?
So the K2 ban is "reactionary"? Call the high school or the Gardner police and ask them how many kids have been found carrying and using K2. High school kids, using an unknown chemical that's 10 times stronger than pot and whose makeup is changing over time? Fourteen, fifteen, sixteen year old kids who are able to buy K2 legally because the legislature hasn't been able to respond quickly enough to the new threat? Has anyone even DONE any studies about what K2 does to kids?
Veritas, if you want to make your case about the legalization for pot, go ahead. But don't mislead people into thinking that K2 is the same thing as pot. It isn't. You touched on that point yourself: we only know what's "purported" as being in K2. Until we know for sure, and until we're able to protect our children from K2 usage and the horrors of drug addiction, don't you think we'd be safer making it illegal?
veritaswrote on 2/8/2010 2:58 pm
K2 is synthetic. The active ingredients are purported to be jwh-018 and jwh-073 which are research chemicals discovered in the 90s by an undergraduate student at Clemson University intended to study the effects of cannabinoid agonists on CB1 and CB2 receptors in the brain. Most of the arguments made against it in the KS state legislature are either unfounded or just plain reactionary. It probably should be regulated somehow to stop children and parolees from buying it, but not added to the list of Schedule I controlled substances. Even the American Medical Association has reversed its long-held stance that real cannabis belongs on the federal schedule I because it is not a narcotic. And to anyone who says it's dangerous because it's long-term effects have not been established, two things:
1. There is evidence to suggest that cannabis has been used by humans for about 5000 years. There have been decades of studies on that showing it is safer than alcohol, and yet it is still illegal (despite recent polls showing almost half of Americans support decriminalizing it for everyone, and 80% for medical use). Additionally, there has never been a documented case of anyone ever overdosing on cannabis. Alcohol and prescription medications on the other hand... So, to argue that K2 should be banned for this reason without concurrently proposing or supporting bills to ban alcohol or decriminalize cannabis is nothing short of hypocritical.
2. For anyone who believes having FDA approval makes something safe--Splenda/sucralose is not safe. There are plenty of anecdotal accounts online of people experiencing flu-like symptoms (headaches, chills, hot-flashes, upset stomach) and heart-palpitations (some severe enough to cause hospitalization) from ingesting that. The FDA approved that on about 120 studies (mostly animal--only about 14 on humans) which were all conducted by the manufacturer. Chemically, it is chlorinated sucrose. The manufacturer compares that to table salt, but it's not true. Structurally, it is more similar to pesticides like DDT. The manufacturer claims that it does not get absorbed in the body, but their own studies show that around 14% of it does. Also, the manufacturing process may result in impurities (like heavy metals) that can build up in the system, so--even though 14% may seem like a small amount once--what does that look like over time? And yet I don't see anyone in the KS legislature clamoring to ban that. And it's even available for TODDLERS to ingest!!!
Our laws should be based on principle and facts, not just reactionary fear. Rob Olson (R-Olathe) thinks he's scoring easy political points with this one. Not in my book. I usually don't vote in local elections but will likely vote against him this fall for this one issue alone, regardless of who his opponent is or any other views they may hold.
With the state facing a budget shortfall, people losing their houses, and unemployment hovering around 10% nationally and locally, this is one of the very first things the KS state legislature chose to focus on at the start of their 2010 session? Yet another reason to vote against Rob Olson in the fall.
Kiegerl needs to rememberwrote on 2/8/2010 10:23 am
the following facts that Secretary Wagnon of the Dept. of Revenue has brought out once again and stop taking care of his business cronies at the expense of the average citizen like he has done since Day 1 of being in the House:
Since 1985, the number of sales tax exemptions has grown from 30 to 96; income tax exemptions have grown from 6 to 43, and property tax exemptions from 43 to 102, Wagnon said. The exemptions have shorted the state treasury by billions of dollars.
*********************
These exemptions are only the tip of the iceberg. Your elected worthless officials continue to give the handouts to the fat cats resulting in higher tax bills for the average citizen. Kiegerl and his kind will say these handouts are necessary to create jobs which is a bunch of hogwash - the people of Kansas and across the land have given and given to the special interests and you certainly aren't seeing the addition of jobs - you have seen nothing but the loss of jobs. Kiegerl will say that is due to the economy and again I say that is hogwash when I look at how Wall St., banks and corporations see their bottom lines grow and the people stand in longer unemployment lines. There is no reason whatsoever to vote for Kiegerl if he is a candidate this year - that is if you are an average citizen who is seeing higher taxes from his voting record but if you are one who believes in or has got the handouts, then you will be patting him on the back.
Mike Kiegerl 
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And this, about K2 wrote on 2/18/2010 8:11 am
http://www.msnbc.msn.com/id/35444158/ns/health-addictions/
The article talks about how they make K2. They spray chemicals on it to give it the psychoactive properties they desire. The article also notes that no studies have been conducted on the safety of the chemicals, or of the herbs they spray it on. It also points out, quite correctly, that a 10 year old could buy it.
You might also peek at the mention of Johnson County, Kansas as being an area where they're seeing K2 making its way into the high schools. Gardner already has serious problems with drug usage in its schools. We don't need any more
K2 is NOT safe wrote on 2/8/2010 11:19 pm
The very fact that we DON'T know what's in it should be a big red flag for those who would try to keep it legal. It's an unknown drug that's supposed to be like marijuana, but it's much stronger. Ten times stronger than pot. But we don't REALLY know what's in it?
What we DO know is that originally, the ingredients in K2 originally would not turn up on a urinalysis the way that pot would. More recently, K2 has been showing up as an "abnormality" in a UA screen. Why the change? Could it be that the people who are making K2 are altering the mix to include chemicals or drugs that DO turn up on screens? Perhaps more addictive chemicals or drugs?
So the K2 ban is "reactionary"? Call the high school or the Gardner police and ask them how many kids have been found carrying and using K2. High school kids, using an unknown chemical that's 10 times stronger than pot and whose makeup is changing over time? Fourteen, fifteen, sixteen year old kids who are able to buy K2 legally because the legislature hasn't been able to respond quickly enough to the new threat? Has anyone even DONE any studies about what K2 does to kids?
Veritas, if you want to make your case about the legalization for pot, go ahead. But don't mislead people into thinking that K2 is the same thing as pot. It isn't. You touched on that point yourself: we only know what's "purported" as being in K2. Until we know for sure, and until we're able to protect our children from K2 usage and the horrors of drug addiction, don't you think we'd be safer making it illegal?
veritas wrote on 2/8/2010 2:58 pm
K2 is synthetic. The active ingredients are purported to be jwh-018 and jwh-073 which are research chemicals discovered in the 90s by an undergraduate student at Clemson University intended to study the effects of cannabinoid agonists on CB1 and CB2 receptors in the brain. Most of the arguments made against it in the KS state legislature are either unfounded or just plain reactionary. It probably should be regulated somehow to stop children and parolees from buying it, but not added to the list of Schedule I controlled substances. Even the American Medical Association has reversed its long-held stance that real cannabis belongs on the federal schedule I because it is not a narcotic. And to anyone who says it's dangerous because it's long-term effects have not been established, two things:
1. There is evidence to suggest that cannabis has been used by humans for about 5000 years. There have been decades of studies on that showing it is safer than alcohol, and yet it is still illegal (despite recent polls showing almost half of Americans support decriminalizing it for everyone, and 80% for medical use). Additionally, there has never been a documented case of anyone ever overdosing on cannabis. Alcohol and prescription medications on the other hand... So, to argue that K2 should be banned for this reason without concurrently proposing or supporting bills to ban alcohol or decriminalize cannabis is nothing short of hypocritical.
2. For anyone who believes having FDA approval makes something safe--Splenda/sucralose is not safe. There are plenty of anecdotal accounts online of people experiencing flu-like symptoms (headaches, chills, hot-flashes, upset stomach) and heart-palpitations (some severe enough to cause hospitalization) from ingesting that. The FDA approved that on about 120 studies (mostly animal--only about 14 on humans) which were all conducted by the manufacturer. Chemically, it is chlorinated sucrose. The manufacturer compares that to table salt, but it's not true. Structurally, it is more similar to pesticides like DDT. The manufacturer claims that it does not get absorbed in the body, but their own studies show that around 14% of it does. Also, the manufacturing process may result in impurities (like heavy metals) that can build up in the system, so--even though 14% may seem like a small amount once--what does that look like over time? And yet I don't see anyone in the KS legislature clamoring to ban that. And it's even available for TODDLERS to ingest!!!
Our laws should be based on principle and facts, not just reactionary fear. Rob Olson (R-Olathe) thinks he's scoring easy political points with this one. Not in my book. I usually don't vote in local elections but will likely vote against him this fall for this one issue alone, regardless of who his opponent is or any other views they may hold.
With the state facing a budget shortfall, people losing their houses, and unemployment hovering around 10% nationally and locally, this is one of the very first things the KS state legislature chose to focus on at the start of their 2010 session? Yet another reason to vote against Rob Olson in the fall.
Kiegerl needs to remember wrote on 2/8/2010 10:23 am
the following facts that Secretary Wagnon of the Dept. of Revenue has brought out once again and stop taking care of his business cronies at the expense of the average citizen like he has done since Day 1 of being in the House:
Since 1985, the number of sales tax exemptions has grown from 30 to 96; income tax exemptions have grown from 6 to 43, and property tax exemptions from 43 to 102, Wagnon said. The exemptions have shorted the state treasury by billions of dollars.
*********************
These exemptions are only the tip of the iceberg. Your elected worthless officials continue to give the handouts to the fat cats resulting in higher tax bills for the average citizen. Kiegerl and his kind will say these handouts are necessary to create jobs which is a bunch of hogwash - the people of Kansas and across the land have given and given to the special interests and you certainly aren't seeing the addition of jobs - you have seen nothing but the loss of jobs. Kiegerl will say that is due to the economy and again I say that is hogwash when I look at how Wall St., banks and corporations see their bottom lines grow and the people stand in longer unemployment lines. There is no reason whatsoever to vote for Kiegerl if he is a candidate this year - that is if you are an average citizen who is seeing higher taxes from his voting record but if you are one who believes in or has got the handouts, then you will be patting him on the back.
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