2010 Legislative Update - #2
February 8, 2010
Dear Friends,
Four weeks into the session and the Kansas Legislature is in full swing. Much of the focus right now is on various pieces of legislation that speak to our state’ budget crisis. Some offer solutions through increasing the state’s revenue. Others look for ways to stretch a buck or to streamline state services. All are worth careful consideration and debate.
Here’s a look at some of the other legislation under consideration:
Apologies Bill Heard
The Senate Judiciary Committee heard testimony this week on a bill that would enact a so-called “apology law”. SB 374 would allow doctors and others to give an apology to the injured party but the apology could not be used in court as evidence of liability.
Supporters like the bill because it allows those who cause damage to make a narrow apology, but not have any admission of guilt or liability excluded from trial because it was presented during an apology.One conferee asked the bill to be limited to medical malpractice cases so that that the apology could be broader. A broad apology law in other states has led to fewer medical malpractice lawsuits and lower settlement costs.
My work on the House Energy Utilities Committee has given me the opportunity to learn a lot about our state’s 911 emergency system. Probably the more troubling issue the system faces is the fact it cannot accept text messages sent from mobile phones.
The committee learned this week about how plans are developing at the federal level for “Next Generation 911” or NG-911. Presenters explained the current 911 system has been bandaged over the last few years to adapt to the new technologies like mobile phones. However, the underlining technology of NG-911 is based on Internet Protocol (IP) and is different than the current 911 service.
The federal government has begun the process of transitioning into the new system but it is going to take a lot of funding and cooperation between all levels of government. The committee will track what happens at the federal level to determine what legislation needs to be enacted at the state level.
Prohibiting Charges When Using a Debit Card
The House Finance Committee heard testimony on a bill that would prohibit merchants from charging transaction fees on consumer purchases when a debit card is used. Current law prohibits similar fees when a credit card or check are used.
Supporters of House Bill 2473 told the committee they weren’t aware of any businesses charging customers who used their debt cards but with the growing number of debt cards, thought it was important for the state law to apply to all types of transactions.
The House passed a bill Tuesday that will level the 911 service fee collected on every landline and mobile telephone billed or sold in Kansas. House Substitute for Senate Bill 48 is a compromise between all parties involved in making sure our 911 emergency centers receive your calls for help.
Currently, those with landline telephones pay 75-cents a month to help fund the infrastructure of 911 emergency centers. Mobile phone users pay 50-cents a month. Under SB 48 both groups will pay 55-cents a month.
The bill also addresses the issue of how the fee would be by prepaid mobile phones that are growing in popularity. Businesses who sell prepaid phones will collect a 1.1% fee.
I voted against this bill because of concerns I have about the process of collecting and paying the 1.1% fee. This will create an additional return that about 600 stores in Kansas will need to file with the Kansas Department of Revenue – a headache many small businesses don’t want. I also was disappointed that businesses were not included in putting this bill together.
Since the House action replaced the original contents of SB 48, the Senate will need to approve the changes before it goes to the Governor for his consideration.
Consolidation of State’s Information Technology
The House Government Efficiency and Fiscal Oversight of which I am Vice-Chairman is considering a measure that would study consolidating our state’s information technology. While this legislation may sound a bit dry, it could lead to a tremendous savings for the state.
27 states are in the process of consolidating their IT. Kansas Legislature is already in the process of a massive consolidation of its information technology systems that involves 19 IT systems including its voting records; bill editing, video feeds, and legislation records. An off-site location recently established in Wichita acts as a back-up that can be up and running in 30 minutes should something happen to the Statehouse.
The committee is hopeful the IT consolidation study would produce strategies on how to bring together the many different state agencies at a tremendous cost-savings to the state. Similar consolidation effects have saved states between 30% - 45% in IT costs.
The House Transportation Committee which I serve on passed out a bill this week to help Kansas schools stretch their transportation budgets.
HB 2486 would extend how long districts can own a school bus. Right now, districts must replace a bus once it is 20 years old – whether it’s in great shape or not. The legislation would extend the replacement program to every 25 years.
While owning a bus for another five years may not seem like a big deal, I think it could have an impact on a school district’s bottomline. This bill is a great example of the creative thinking we need in the face of our state’s budget crisis.
I held my annual Mayor’s luncheon from the 51st House District. They included Ken Wichman of Rossville; Mack Smith of Silver Lake; Maurice Baker of Alma; and Bill Bunten of Topeka. Eskridge City Council member Deann Williams also joined us.
It was a great meeting – especially for the mayors. They got to meet each other, some for the first time. One would bring up an issue in their community and another mayor would share they were dealing with the same issues
We also talked about how state budget decisions were impacting the cities – some more that other. I really enjoy getting to know the mayors and hearing about their perspectives.
I had the honor of hosting Reed Sage and Tanner Allen as House Pages earlier this session. They attended a my House Transportation Committee with me before getting our picture taken with Lt. Gov. Troy Findley and then serving as a page while the House was in session.
We have additional opportunities for middle and high school students who would like to be a page for the day in the House. Please call my secretary Linda Herrick for more information at 785/296-7653
Introducing my Intern
This session I will be assisted by Washburn University student Jason Wages. Jason is a political science major and plans to graduate next year. He has really hit the ground running. He helped me put together the Mayor’s Luncheon and is working on my upcoming “Coffee and Conversation“ meetings. Stay tuned as we will be announcing dates for the meetings shortly.
As always, it is an honor to serve you. Please do not hesitate to call or email me if I can be of any assistance.
Sincerely,
Mike
Rep. Mike Burgess
51st House District
Mike Burgess serves north and west Shawnee County and southern Wabaunsee County, including Alma, Eskridge, Harveyville, Rossville, Silver Lake, Willard and a little bit of Topeka.