Dear Friends,

The Kansas Senate dealt with a great number of bills the last couple of weeks. I would like to offer an outline of just a few which I think will be of particular interest to you. As always, if you have questions regarding these or any other issues, please feel free to contact me at sabrams@hit.net . It is an honor to serve at the capitol, and I value your support and ideas.

The big discussion around the Capitol is the poor economy, and subsequent lack of state revenue funds. There are many people (school personnel, state employees, program administrators, Senior Centers, and etc) who write or call asking that we increase funding or at least, don't cut funding for their particular issue. I continue to say, "State Revenues are decreasing, and various program funding will be cut. There will probably be a few that are held constant, but it will be the very small exception that is increased."

But we really won't know how bad (or good) the FY 2010 budget will be until we receive the Consensus Revenue Estimate Report in the third week of April. At that point, we will be able to have a lot better idea what the individual programs and line items will look like.

Surface Owner's Act
SB 184 is the Kansas Surface Owner's Act. There may not be a lot of widespread interest in this bill, but for those people who are interested, it is hotly contested. The issue pits land owners against the mineral rights lessees. Land owners were claiming that some mineral operators were treating them poorly, i.e., not notifying them when the operator wanted to drill a well, plug a well and so forth. Some land owners were wanting to be notified several days in advance every time an operator went on the property. The operators were claiming that advance notification in all situations would increase expense and make it extremely difficult to even do business, as well as make it impossible to deal with time sensitive issues, such as pulling the rods on a well. It also would have effectively put a new clause in every contract now in force.

The end result was an amendment that says that operators will file a notice (in advance) with the KCC for drilling a well and locating a well road, plugging a well, and change of ownership of the operator. The KCC will then notify the recorded land owner. The mineral operator will still have unfettered access to the lease, provided the operator stays on the well road, well site, and tank battery site. This was a compromise that helps protect land owners, yet does not impose undue hardship on the mineral operator. It passed the Senate 40-0. I supported the bill.

Women's Right to Know
SB 238 makes many changes to the Woman's Right to Know Act which sets out the information a physician must provide to a woman before an abortion. SB 238 would require physicians to give pregnant women an opportunity to hear the unborn child's heartbeat or view an ultrasound at least 30 minutes before the procedure. A Physician would also be required to meet with each woman for no less than 30 minutes to answer questions and provide information. Documentation substantiating a physician's diagnosis for terminating a pregnancy must remain on file for a minimum of 10 years. The bill passed with a surprising margin of 32 to 6 and now goes to the House for consideration. I supported the bill.

Restricted Driver's Licenses
HB 2143 modifies the restricted driving permit and license requirements for drivers under the age of 17, establishing a graduated process for those who want a driver's license in Kansas. The bill, now in the House for consideration, makes a number of changes regarding age of eligibility for licensing, hours during which driving is permitted by those who hold a restricted permit, who can legally supervise a student or restricted driver, activities for which student drivers may operate a vehicle, and the number of passengers allowed in a car with a driver who is not fully licensed. Penalties and restrictions are also spelled out for anyone who violates the proposed new laws.

Basically, restricted permit holders may only carry passengers who are siblings or holding an unrestricted license, in addition, there are restrictions about driving at night. There are a couple of waivers, one for driving to school, and the second is driving to work. I supported an amendment to give another waiver for driving to church youth group, but it failed to pass.

Of greatest interests may be the new restriction that says explicitly: young drivers not fully licensed may not use any wireless communication device while driving except to report illegal activity or to call for emergency help. The effective date will be Jan 1, 2010. HB 2143 passed the Senate on a vote of 35-5. I opposed the bill.

A Few Others
SB 75 authorizes a city or county to establish a consolidation study commission to prepare and adopt a preliminary plan for city-county consolidation. A majority of voters must approve of the consolidation. The bill does not require a dual majority. A dual majority says that a majority of voters in the unincorporated area and a majority of voters in the city must BOTH approve it. This bill does not require that feature. If the study commission only requires a single majority, then a majority of voters in the city could pass the consolidation. SB 75 passed 27 to 11. I opposed the measure.

SB 285 amends statutes on expenditures from the Kansas Universal Service Fund (KUSF) to provide $10 million in funding for the Kan-Ed program through June 30, 2012. This is an existing expenditure, and for the past decade or so, Kan-Ed has provided high-quality network connectivity linking schools, libraries and hospitals in Kansas to similar institutions within the state and throughout the country. It passed 37 to 3. I supported the bill.

SB 201 requires the U.S. flag to be displayed at half-staff one day per month to honor those active duty members of the military that were killed in the line of duty during the preceding month. The Governor will publish a list of those who are being recognized. It passed the Senate on the way to the House with a vote of 40- 0. I supported the bill.

Sincerely,
Senator Steve Abrams