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Mike Kiegerl eNews: Week 11

THAT WAS THE WEEK THAT WAS

Posted on Mar. 29th, 2010

Posted by Representative Mike Kiegerl

Representative Mike Kiegerl

We only met for three days this week, two of which were long, 12 and 14 hours respectively, to complete the bills on general order. Thursday, Friday and Saturday are reserved for House/Senate Conference Committee meetings to iron out differences between bills passed by both Chambers but which differ in content or terminology. When these differences are great, many meetings are necessary to arrive at a compromise acceptable to both. Once the conference committee produces the final version of a bill, both Chambers have another vote to concur to finally send it to the Governor for signature. During the debate to concur/non concur, no amendments or changes are possible; only an up and down vote to accept or reject.

BILLS WORKED THIS WEEK (vote count in parentheses)

Passed with my support:

HB 2685 Personal and Family Protection Act (65-57)

H Sub for SB234 Civil procedure garnishment (120-2)

H Sub for SB 269 Compensation awards eminent domain procedures (117-5)

H Sub for SB 305 Tort claims act (122-0)

H Sub for SB 306 The concealed carriage changes (107-15)

SB 359 School districts, special ed (107-15)

SB 362 School districts, teacher contracts (109-13)

H Sub for SB 377 Construction contracts, liens registry (84-38)

H Sub for SB 381 Criminal procedure, threat, or use of force (120-2)

SB 388 Insurance regulation (93-29)

SB 452 Alcoholic beverages, licensure (122-0)

H Sub for SB 514 The Community Defense Act (106-16)

SB 519 Courts, electronic payment (122-0)

SB 537 Claims against real property, liens (122-0)

HCR 1614 The rainy day fund amendment to the constitution (102-20)

SB 541 Court of Appeals, number of judges (122-0)

SB 262 Emergency medical service, attendants (122-0)

SB 387 Claims against the state (122-0)

SB 414 The Health Care Stabilization fund (122-0)

SB 415 Municipal bonds, investment (121-1)

SB 475 Funeral directors (118-4)

SB 491 Respiratory therapists (122-0)

SB 500 Healing arts excepting a prohibited act

SB 513 Building construction alternative project delivery (122-0)

HB 2415 Surplus property, educational institutions (121-1)

HB 2418 Carbon dioxide reduction, state liability (122-0)

HB 2468 Sex offender registration (122-0)

HB 2547 Vehicle dealers licensing act (114-8)

SB 464 Payment of taxes (120-0)

HB 2578 Property taxation, refunds loans to counties (120-0)

SB 326 Crime victim’s compensation (120-0)

SCR 1615 Claiming State Sovereignty under the 10th Amendment (109-11)

HB 2166 Late term abortion (89- 33)

HB 2448 Water data depositary (92-30)

HB 2620 Firearms Freedom Act (95-27)

HB 2669 The Kansas Employment Initiative Act (121-1)

SB 67 Mistreatment of a dependent adult (22-0)

SB 83 Naturopathic doctors (109-13)

SB 146 KPERS furloughed employees (118-4)

SB 293 School buses length of service (116-6)

SB 300 Special license plates (116-6)

SB 368 DUI Interlock devices (122-0)

SB 372 Guardianship, conservatorship (122-0)

SB 410 Electronic payments (121-1)

SB 449 Medical gas installers (90-32)

SB 460 Concerning children permanency priority of certain orders (119=3)

HB 2566 Agriculture (112-10)

HB 2643 Establishes a committee to simplify the state tax structure (120-4)

HB 2520 Willful failure to collect tax (23-1)

HB 2521 Electronic filing of taxes (106-18)

HB 2689 Taxes Pottawatomie, Kingman counties (123-1)

SB 430 Income tax, credits, limitations (119-5)

HB 2671 Fire marshals reporting to insurance commissioner (67- 52)

HB 2107 Police, firemen retirement, pension (119-0)

SB 373 Municipal courts (113- 6)

SB 394 Pesticide education (119-0)

HB 2440 Criminal procedure (119-0)

HB 2581 Criminal procedure (118-1)

These bills I could not support:

SB 310 Marriage license fee waiver (64-58)

SB 463 Increasing bonded debt limits (105-18)

SB 382 Housing loan deposit, changing requirements for borrowers (92-30)

SB 313 Limiting KS development finance bonding authority

SB 346 Cost of offenders in custody (92-30)

HB 2666 Animal health dept fee increase (93-29)

SB 461 Compensation of magistrate judges (86-34)

HCR 5032 THE HEALTH CARE FREEDOM CONSTITUTIONAL AMENDMENT

This required a 2/3 majorities in both House and Senate. It was fairly certain that the Senate had enough votes, therefore the House acted first. We voted three times but never reached the 84 we needed.
Not unexpectedly, the Democrats supported their party in charge in Washington but it was the usual suspects of so-called “Republicans” in Topeka who put them over the top.

This bill would have given Kansans the opportunity to vote on a constitutional amendment to preserve the freedom to provide for the health care of their choice. I co-sponsored the amendment and several representatives spread the following remarks over the Journal of the House indicating their strong support, but to no avail as we never got more than 77 of the 84 votes needed. :

“Mr Speaker: We support Health Care Reform that lowers cost, improves access, and portability of insurance. Shifting the high cost of care today from the individual to the tax payer is no solution. If the medical profession loses its humaneness and patients become lost in a sea of bureaucracy and quotas, patients will be hurt and many bright and talented people will not want to become doctors. We must encourage competition. We believe Kansans want the right to choose their own health care plan, hospital, and doctor.”

Also, “Mr Speaker: My constituents are dismayed that in the past
16 months they have become part owners of General Motors, numerous large banks and other financial institutions and that, as tax payers, they are co-signers of more than a trillion dollars worth of mortgages and student loans.

We do not believe that the government should own or partially nationalize these industries nor should it control 1/6th of our economy which is what the Bill passed last Sunday does. Kansans should have the choice to vote on this amendment.”

It will take four years before the new law will take full effect but we will start paying for it now. While no one knows the details of this 2,700 page act, certain conclusions can be drawn based on what has been published. There will be fewer choices of providers and there will be rationing of care based on some economic calculus. Decisions on treatment will move from physician to a bureaucrat, and you will be forced to buy insurance approved by the government. Coverage for illegal aliens and for abortion is paid by the taxpayer. Nothing desirable so far. Will we have a health care system which serves the people? Undoubtedly, but certainly at lesser service and quality as our current one, as flawed as it is.

THE 2010 VOTER SURVEY, RETURNS ARE COMING IN

….and I thank you for that. We mailed 4,700 and so far we have about 900 returns. We will start tabulating April 1st and advise you of the data collected. We’ll share the raw numbers with the other Representatives who are doing the same survey in their district. This will give us a sufficient sample of the views of the electorate. Almost all have written commentary and I will read them all during the April recess and report back to you.

I much appreciate the contributions we find in many of the envelopes, thank you. This will help in the upcoming campaign. This is not a moneymaker, nor do I expect it to be. The mailing was $2,900 and I’ve received about $800. But I also got a couple of hundred new subscribers to my newsletter and valuable information. Please send it in and don’t worry about money.

EDUCATION PROPAGANDA – DON’T FALL FOR IT

The latest government bulletin by Kansas Association of School Boards (KASB) has this headline: "Committee recommends $172 million cut for school; districts.” Really? The recommendation was to fund schools at the same level as last year. The $172 million are federal stimulus funds which were given last year but not this year. The school districts knew that would be the case for a year and had the opportunity to adjust their spending.

Cost for non-instructional overhead is still too high. Years ago we mandated that 65% of funds allocated must go into the classroom and we let KASB define what that means. They included nurses, librarians, teachers, and the necessary materials but we’re at less than 60% of that mandate state wide.

We know that reducing the districts from 293 to 40 will save $300 million annually, but KASB is fighting that tooth and nail. Fixing the costly funding formula will also save millions; same violent opposition. Finally more flexibility with the unencumbered balances would also be helpful.

Independent audits have been offered to districts to help find areas of savings. These have been very successful, with one district saving over $1 million alone. The audits are performed by legislative post audit a non political, neutral agency. Only 6 of 293 districts have participated so far (none in Johnson County.)

We can and must reduce cost in K-12 but not at the expense of the teachers or what goes into the classroom. We ought to concern ourselves with the question why a superintendent should get a raise and make six times what a teacher gets while the board cuts the Parents as Teachers program. Don’t blame the legislature.

LAST WEEK’S VISITORS

Thomas Foster, Chief Judge, Johnson County Sheriff Frank Denning and one of his officers, Captain Robert Keller, Johnson County Commission Chairlady Anna Beth Surbaugh, Megan Woods of the Salvation Army (who brought a half dozen donuts), Calvin Hayden, Johnson County Commissioner.

It is always nice to see a constituent but please call for an appointment so we can visit in leisure. 785-296-7682.

GUTTA CAVAT

…lapidem non vi sed saepe cadendo. If your Latin is rusty, that means, “The drop of water does not hollow the stone with force but by constantly falling.” Determination matters. For three years I have been trying to pass a bill which will provide insurance coverage for hearing aids. The opposition is fierce; the insurance lobby hates it, the insurance commissioner does not want it and many legislators don’t want to vote for mandates.

But I’ve been persistent. Forgetting the lobbyists, I first worked on the commissioner. Last year, she shifted from opposed to neutral which helped. Next, I began working on colleagues from both sides of the aisle. I befriended one of the Dem leaders and she worked on her caucus and I was confident this time I had the votes. (First year the bill received 13 votes, second 32, last year 53, but I needed 63.)

It is now too late to introduce a stand alone bill. I started looking for a bill to amend it into. I thought I found one Tuesday but my amendment was ruled “not germane,” so it is back to the drawing board. I hope to find a Senate bill to tack my amendment on. If I cannot find one, I pre file it as a freestanding bill for next session. This will give me time to work on the Senate. God willing, I’ll pass this soon.

KID'S ISSUES

I am frustrated that no meaningful legislation has been passed to correct the mismanagement, malfeasance, and waste of money by SRS. My committee has fully documented abuse and financial irregularities in this agency. The interest by the Governor and legislative leadership is not great enough to make the necessary changes this session. The idea seems to be that a new Governor and a new Secretary will be in office in January and then we will act. There are a couple of small measures in the pipeline still, but certainly not what needs to be done. We’ll go to bat next session.

I’M NUMBER 160

This will really upset the retromingent nasty old lady who keeps accusing me of catering to fat cats and special interests—but never naming who these people are. The latest HAWVER’S REPORT lists gratuities from lobbyists to legislators. When lobbyists wine and dine you they must fill out a report which includes how much they spent. Of the 168 legislators on the list in Topeka, I rank 160. Only 8 got even less than I did, and two of those have been absent because of major illness.

I have a policy of not accepting after hour invitations because I commute and I want to be with my saintly wife, who has been cancer free for six years, thank GOD. Lobbyists are free to come to my office and they frequently do to bring data, information, and their view of bills. I appreciate their efforts.

THE KANSAS OPTOMETRIC ASSOCIATION

…asked me to tell you about the SEE TO LEARN program which is a wonderful, free vision assessment for three year old children. These fine folks have donated over $2 million in care through this program.
Good eyesight is a prerequisite for learning and you should take advantage of this program for your child. For more information or an appointment, call 800-960-EYES or go to www.seetolearn.com.

SENIOR NOTES

The Federal Trade Commission has a new guide on health topics important to seniors. These include generic drugs, hormone therapy, hearing aids, and medical ID theft. Call 877-382-4357 or go to www.ftc.gov/whocares .

Aging related legal matters dealing with health care planning and financial decisions can be obtained by calling 203-221-6580 and asking for a copy of "Legal Matters."

Social Security has a service which will expedite disability claims for applicants with severe medical conditions. Using it will get you a decision in days. To see whether you qualify click on "Appeal Request and Appeal Disability Report secure.ssa.gov/apps6z/iAppeals/ap001.jsp."

THE HOUSE BUDGET PROPOSAL

The House Republican leadership proposed a budget which does NOT include a tax increase and which will have a $302 million ending balance. The key provisions are as follows:

Funding K-12 at the same level as last year but not replacing the
$172 million the Feds will not provide

A 5% pay cut for all state employees

Freeze KPERS employer contribution at the 2010 level in 2011

Delay $24 million in disaster assistance

Institute a state wide hiring freeze

An across the board 1% SGF reduction except for K-12

Pulling $450 million from KDOT

Recapturing Medicare/Medicaid liabilities

And some other provisions.

This is a first proposal and will need to be vetted, but should be a basis for discussion. The democrats want to postpone all decisions until May 3rd, the end of the session, at which time they’ll want to advocate for a huge tax increase. I hope I’m wrong. Stay tuned.

THE LAST WORD

I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the US Congress.

Ronald Reagan

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Don't ya love it when Kiegerl talks dirty???? wrote on 4/1/2010 11:33 am

..........

Rather be a retromingent..... wrote on 4/1/2010 11:19 am

than a front pisser on the people. Kiegerl shows his true colors and he sure hates to be criticized - his European heritage tells him that he is superior.

Notice Kiegerl getting more speeding tickets in 2010 and he gets the prosecution to dismiss the charges like he did in 2006. Love those rotten to the core politicians (not).

the retromingent nasty old lady wrote on 4/1/2010 11:03 am

has spoken

How are you going to vote????? wrote on 4/1/2010 7:48 am

Increase taxes or make more cuts or perhaps you will do both? Have fun dealing with the monster you helped create by taking care of the fat cats with the accompanying loss of billions of dollars of tax revenue - real good representative you have been for the PEOPLE (not).

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Mike Kiegerl eNews: Week 11

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