Report from the State Capitol
Dear Friends,

Here is the latest update on the happenings under the Dome in Topeka. This week is turn-around week, that is when all the bills that have passed the house of origin go to the other house. Consequently, it will be very busy here this week.

Spending Cuts
Balancing the state budget has been constantly on my mind the last couple of weeks as the economy continues to struggle. Overall, the current FY 2009 State General Fund is currently $193 million above FY 2008 receipts. Although the State General Fund is currently in the black, it is imperative that the Legislature does not become complacent. Early reports suggest a $57.1 million difference between actual receipts and the November Consensus Revenue Estimates. As a result, I will continue vigilantly working to cut wasteful government spending, but still leaving as much as possible for necessary services.

Last week, the Conference Committee version of SB 23 was voted on. The version of SB 23 that went to the House had a .75% cut for education. But the Conference Committee version had a 1.5% cut for education. Now no one denies that significant cuts will have to be made, particularly in the FY2010 budget. But this late in the fiscal FY2009 budget, a 1.5% cut would have been disasterous.

Therefore, I voted against the bill. It passed on a 27-11 vote.

Synopsis of Some "Minor" Bills
A lot of new legislation has passed in the last two weeks. I will give you a synopsis of several bills... most of which many people would call "minor" bills. For one, Senate Bill 30 provided a method for public libraries to purchase new computers. The same bill also allows state law enforcement officers to purchase their personal firearms at market cost if they resign or retire in good standing.

The senate also recently passed Senate Bill 44 as a response to federal legislation that encouraged states to use civil tools to pursue cases of fraud. Under SB 44, any individual who attempts to make a false claim to the state would be held liable for three times the amount of actual damages, a civil penalty between $1,000 to $11,000 for each action, court costs, and attorney's fees associated with the litigation.

The senate also made three changes to the Kansas Power of Attorney Act in Senate Bill 45. First, those who are competent and conscious but physically unable to sign a document naming a power of attorney can designate a person to sign for them in the presence of a notary public. Second, attorney's acting as a power of attorney are required to keep records of all their transactions and are prohibited from combining funds of an individual they represent with their own. Third, procedures were implemented for those who voluntarily resign from the role of power of attorney.

While a lot of new legislation was passed in the last two weeks, three particular bills stand out. First, Senate Bill 82 repealed the sunset date of the Residential Childhood Lead Poisoning Prevention Act. Second, Senate Bill 102 struck the requirement that only a qualified person can operate a defibrillator. Finally, Senate Concurrent Resolution 1604 expressed the Legislature's support to the Kansas Historical Society and allowed them to begin fundraising and preparing for the Kansas Sesquicentennial celebration.

I have also been busy reviewing the Kansas Open Records Act in an effort to eliminate any unnecessary exceptions. There are currently 30 exceptions, 16 have long been included and 14 were added last session. I am happy to report that the senate has voted to add no new exceptions to the Kansas Open Records Act this year.

Finally, I have voted in favor of State Concurrent Resolution 1606, which strongly expressed the Legislature's strong opposition to the relocation of Guantanamo Bay detainees to Fort Leavenworth or any other potential Kansas site. This resolution aims to encourage President Obama and other members of the federal government to remove Kansas from consideration as a relocation site.

On Tue, Feb 17, the Governor signed the Rescission Bill, thus, it is now very likely that State Employee Paychecks and State Income Tax refund checks will be mailed in a timely fashion.

Sincerely,
Steve Abrams