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Photograph of Charlie RothCharlie Roth - State Representative - 71st District of Kansas - Republican

Legislative Updates

Legislative Update - March 1, 2011


…years ago people poured their tea into the saucer to cool, and drank from that. It is said that Jefferson, while he was Secretary of State, was dining with Washington, and they were discussing the propriety of having a Senate as a branch of the National Legislature. Jefferson asked Washington why a Senate was necessary. At the same time he poured some tea into a saucer, and Washington, with his long finger, pointed at it and said, “You have answered the question by pouring that hot tea from the cup into the saucer. Let the House of Representatives pass a bill in its haste, and pour it into the Senate to cool it.”
— Nelson Sizer


The first half of the Kansas Legislative session has been a stressful, difficult, and many would say, non-productive seven weeks. With so many new legislators, a new administration, and no new resources to address state needs, there has been a mix of frustration and anxiety throughout the statehouse.

House members haven’t lacked for thorny issues to debate and pass to the Senate, to cool. These proposed changes include budget cuts (necessary), changes in workers’ compensation benefits (a very good piece of legislation), a Health Care Freedom constitutional amendment, voter-ID, ending in-state tuition for students of undocumented workers who’ve graduated from a Kansas high school, changing the selection of court of appeals judges, two abortion bills, creation of two new committees to “streamline” state government, and a transparent attempt to strip already weakened labor unions of what little political power they have left. Add to that mix, two new House rules meant to aid the process, but, in my view, consolidate power and diminish transparency.

What the second half of the session is likely to generate is potentially even more controversial than what’s been aired so far. Here’s what is ‘on deck’:

  • Repeal of the statewide smoking ban HB 2340
  • Allowing concealed carry in all public buildings (court houses, schools, college dorms, hospitals, etc.) unless every single entrance can be secured with a metal detector HB 2353
  • Arizona-style immigration proposals to force state and local units of government to verify that all companies with whom they do business are not hiring undocumented workers. It also is said to require police officers who come in contact with possible undocumented workers to verify citizenship or place them in local jails. The proposals have not yet shown up in bill form, but the House Committee on Federal and State Affairs agreed to introduce them at the request of Kansas Secretary of State Kris Kobach.
  • Repeal of the temporary 1-cent sales tax increase HB 2091
  • Abolishing the State Board of Education and the Kansas Board of Regents HCR 5018
  • And HB 2107 the Kansas Community Defense Act. It attempts to over regulate Sexually Oriented Businesses (SOBs), the “stripper bill.”

All of this from officials elected to go to Topeka, vowing to fix the budget and KPERS, and create jobs to lower unemployment.

While these measures haven’t yet had hearings in the House, they are likely to be debated soon. As such, we can expect them to take up a great deal of time and attention during the rest of the session. It could give new meaning to “March Madness”.

KPERS meeting in Salina

Representative Steven Johnson and I hosted an informal presentation on the KPERS situation February 28, at the Salina Area Chamber Office. Mike Strand of the Salina Journal has a nice write up of the event here.

Lingering on…

Current year budget. Discussions to reconcile the Governor’s rescission bill have come to a halt as the House and the Senate conferees cannot find common ground on the maintenance of effort issue concerning special education funding. The conference committee last met Thursday afternoon, but at this time, the conference committee is not scheduled to meet again. The deadlock could result in the Governor’s office making allotments or cuts in order to achieve a balanced budget this year.

Executive Reorganization Orders, KAC and Parole Board: Most of the Executive Reorganization Orders issued by the Governor have received a hearing by a committee in one of the chambers. No final action has been taken on any of the EROs. However, the ERO that is stirring up considerable discussion is the proposal to abolish the current Kansas Arts Commission and move its functions to the Kansas Historical Society (ERO 39). The Senate Federal and State Affairs Committee (chaired by Pete Brungardt) will hold a hearing on this measure March 3rd. Unlike other legislative measures, EROs are automatically enacted unless one chamber or another of the legislature passes a resolution disapproving them. After review of ERO 34 concerning the abolition of the Parole Board, the Senate Judiciary Committee has authorized the introduction of Senate Resolution 1817 disapproving the ERO and recommending that the full Senate adopt the resolution.

Liquor on aisle nine? One of the most actively “lobbied” issues this session has been SB 54 to allow beer, wine and liquor to be sold in grocery and convenience stores in the state. The bill advanced from the Senate Federal and State Affairs Committee but hasn’t yet been considered by the full Senate. It is exempt from the “house of origin” deadline. The measure has the backing of large grocery chains, Wal-Mart, and convenience stores, but is strongly opposed by the state’s local liquor store owners. Not many are confident in predicting the measure’s chances.

As always, I consider it a privilege representing you in Topeka. Please call or email with any of your concerns and how we as legislators affect your lives.


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