Representatives Carter and Watkins Get Kansas Kids More Health for Their Lunch Money.  Increasingly, our healthcare costs are being driven by unhealthy habits, many of which begin during childhood. While government has long pointed at private industry as the culprit behind unhealthy foods, in fact our school lunch programs have been some of the greatest purveyors of poor food choices for our children.  Representatives Eric Carter and Jason Watkins have introduced HB2870, an initiative aimed at reducing fat and sugar-filled foods in school cafeterias. The bill also takes aim to eliminate the use of trans-fats in the school menu. Click here to read a recent article about HB 2870 in the Johnson County Sun.

Asbestos and Silica Compensation Fairness Act

The House Insurance Committee, of which Eric Carter serves as vice-chairman, held a hearing on House Bill 2868, the Asbestos and Silica Compensation Fairness Act. Throughout the United States, voluminous litigation regarding asbestos and silica related health issues have flooded our legal systems. Defendant companies often go bankrupt as a result of paying large settlements to plaintiffs, many of whom were not even injured. As a result, genuinely injured plaintiffs left out of the original settlements are often left without redress, as all the defendants’ money went to non-injured claimants. Currently, there is no requirement to show actual physical injury or impairment in order to file an asbestos or silica lawsuit. Thus, some plaintiffs will gamble that a defendant company will seek to avoid costly litigation and settle the claim. HB 2868 limits the filing of speculative claims without limiting the right of genuinely injured plaintiffs to be compensated. HB 2868 requires that a plaintiff be truly impaired, that asbestos or silica exposure must be a substantial contributing factor to the illness, and that a physician review the case prior to filing the petition. This bill restores, at least in part, some reason and fairness to the legal system which, in turn, benefits legitimate plaintiffs. The
Committee will continue hearings on this bill on Tuesday, February 21, 2006. Rep. Eric Carter has indicated he will be supportive of this measure.

High School Athletics

SB 317 passed the Senate earlier this Session. It is, essentially, a more limited version of Representative Carter’s HB 2345 from last year, which sought to allow high school athletes to be able to train and compete with their competitive teams. SB 317 scales back the reach of Rep. Carter’s HB 2345 by limiting it to only swimming and diving, rather than to all “Olympic sports”. The Chairman of the House Federal and State Affairs Committee has indicated he will work this bill. The strategy now is to replace the contents of HB 2345 with the contents of SB 317, which has already passed the Senate this year. This bill will allow certain athletes, such as participants on the Kansas City Blazers swim team, etc., to participate in their more competitive club teams while being able to also participate on their high school swim team.

Non-resident Tuition

The House Federal and State Affairs committee took final action on House Bill (HB) 2615 which would repeal a recently enacted law granting in-state tuition to undocumented aliens who had graduated from a Kansas high school or received their GED in Kansas. The bill received a tie vote in committee and therefore failed to be referred to the full House.

M and E Property Tax

Multiple amendments were suggested in committee for the “M & E bill”, HB 2619. This bill is intended to relieve the state property tax levy on business machinery and equipment. Many of the amendments were designed to soften any reduction in tax revenue local taxing authorities may experience. Once the bill reached the House floor, other amendments were also approved. The first, introduced by Representative Arlen Siegfreid (R-Olathe) and commonly referred to as the “Siegfreid Slider”, would reimburse localities for lost revenue in the first five years of the exemption. The rate of reimbursement declines 20% per year from 100% in the first year until it is phased out in year five. Also added to the bll was a provision to expand the Homestead Property Tax Refund Act by ncreasing the income eligibility threshold for claimants age 65 and above from $27,000 to $50,000. Additionally, the bill would also expand the school finance residential homestead property tax exemption from $20,000 to $30,000. The bill passed by a vote of 108-14 and was sent to the Senate.

Energy Legislation

Testimony was heard on three different energy bills Wednesday in the House Utilities committee. House Bill 2842 would create a stimulus package for wind energy production in Kansas. Wind energy created would be used to not only to generate electricity, but will also be used to produce hydrogen. Through increased hydrogen production, Kansas will
begin to build the infrastructure necessary to accommodate hydrogen-fueled vehicles, which may be on the market within two years.  House Bill 2843 would require certain “green” standards to be used in large construction projects including State of Kansas facilities and public schools. Proponents argue that the construction costs will not increase, but energy costs versus traditional buildings will pay large dividends. Opponents agree with the concept but are skeptical of savings projections and disagree with the enactment of another state mandate on private businesses. House Bill 2844 provides incentives to utility customers who install personal solar cells and personal wind generators
at their homes for electric generation.

Booster Seats

A bill which had been defeated by the House in previous years received the body’s approval this week. HB 2611 passed the House by a vote of 90-29 and would require children aged 4-7, weighing less than 80 pounds and who are less than four feet nine inches in height to be in a booster seat. Compelling testimony changed several votes and allowed for its
passage. The bill was supported by the Kansas Highway Patrol, the Kansas Department of Transportation, the Kansas Chapter of the American Academy of Pediatrics as well as the Kansas State Nurses Association. No opponents testified against the bill in committee, but many members who voted against the final bill felt it was one more instance of government dictating how parents should care for and protect their families.

Nuclear Security Guards

Protection of the Wolf Creek Nuclear Power Plant is vitally important to Kansas. Terrorist activity in the world knows no boundaries and House Bill 2703 would grant security guards at nuclear facilities increased authority should an attack occur. Security officers will be allowed to carry larger caliber weapons and will be allowed to fire on intruders in critical areas of the facility to prevent a disaster from occurring. HB 2703 was approved in the House Thursday by a vote of 93-27.

Small Claims Court

House Bill 2704 would raise from ten to 20 the number of claims a person or business may file in a calendar year. The bill was debated on the House floor and final action is expected this week.

Wichita Airport Subsidy

The Senate approved a $5-million-a-year subsidy to Wichita with which to buy down airfares for the airport located in Wichita. The subsidy comes from the revenue generated from the Economic Development Initiatives Fund, which is funded by the State lottery. The subsidy phases out in 2010, or when the Wichita airport generates 2 million passenger
movements a year. This bill is intended to make the Wichita airport more competitively priced by bringing down the high costs associated with this airport.

Insurance Committee Update

The insurance committee had a hearing on HB 2771, which details the retaliatory action to be taken with out-of-state insurance agents who fail to pay income tax on business they write in Kansas. In December 2003, Missouri passed a bill that gave the authority to the Missouri Department of Revenue to collect taxes for non-residential agents -- including Kansans - who completed business physically in the state of Missouri. This bill ensures that insurance agents who write business in Kansas pay the income tax related to their production, and is considered a "retaliation" calculated to encourage Missouri to drop its aggressive practices against Kansas insurance agents.

House Bill 2693 focuses on group health insurance and states the replacement policy coverage allowed in HMO policies. This bill also clarifies what should be included in certificates of coverage and contracts supplied by the health care organization or marketing documents to describe health care services it provides. This bill was passed by the Insurance Committee and was sent to the House floor.

Car rental agreements are explained in HB 2159, and states what the collision damage waiver cannot entail. For example, the damage caused by criminal activity or irresponsible behavior is not included in the coverage provided by the car rental companies.

Upcoming Committee Topics

Appropriations - Correctional facilities constructed by private companies

Federal and State Affairs - Constitutional amendment preventing courts
from closing public schools

Judiciary - DUI, ignition interlock devices, Supreme Court appointments

Transportation - Speed limits in rural school zones

Utilities - Weatherization, energy efficiency and energy conservation
programs