Several issues that will define the 2006 legislative session have come before the Kansas House of Representatives this past week. While the House has already approved Jessica’s Law, cut taxes on Machinery and Equipment and raised the age of marital consent, there are other major issues set for debate. The more popular issues that have been up for debate this past week are the phasing out of the franchise tax, eminent domain, workman’s compensation and concealed carry.

House Bill (HB) 5025 proposing a constitutional amendment limiting the government’s power of eminent domain will likely be referred out of the Federal and State Affairs committee late this week. Hearings on the bill were held and the committee will debate the issue and vote whether or not to refer it out to the full House for action on the floor. Proponents of the bill included several landowners, or previous landowners, who were negatively effected by the government’s use of eminent domain. In opposition to the bill were governmental entities who insisted that there is a need for this governmental power and that a reduction or elimination of it would result in businesses going outside of Kansas due to the burdensome regulations that may slow or halt the process of land acquisition. The arguments appeared to hinge the interpretation of a "necessary" governmental use of eminent domain. Those who sought to limit the power feel that it’s use should be restricted to construction and maintenance of utilities, roadways and similar infrastructure needs. Opponents of the bill would prefer that the power not be limited and allow acquisition for economic development and for removal of blighted areas. As of now, the bill is still on the agenda for the House Committee on Federal and State Affairs, and if passed it will be effective upon its adoption date.

Thursday, the House Commerce and Labor committee finished hearings on Senate Bill (SB) 461 that made changes to rules regarding preexisting conditions, permanent partial disability and supplemental functional disability compensation sections of the workman’s compensation statutes. This bill passed in the House on Wednesday with a slight majority.

Senate Bill 418 allowing licensed Kansas residents to carry a concealed firearm was passed favorably out of the House Federal and State Affairs committee last Wednesday. Committee amendments to the bill added libraries, churches and temples to the list of prohibited places a licencee may carry a concealed weapon. The Senate list included courthouses, jails, prisons, schools, state office buildings and mental health centers. The bill was passed in both the House and the Senate this week.

A bill to phase out the Kansas franchise tax is out of committee and was heard by the House earlier this week. HB 2548 would eliminate the tax over a three year period. The figure used to compute the tax varies depending on how the business is incorporated under Kansas law, but for those meeting the threshold, tax would be paid at 0.125% for the tax year commencing after December 31, 2005, 0.083% after December 31, 2006, 0.041% after December 31, 2007, and eliminated in the next year and beyond. The reduction and eventual elimination of the franchise tax in Kansas should encourage more businesses to establish franchises in Kansas and provide a further incentive to retain those currently located within the State. The bill received final action on Thursday morning and passed.

The Centers for Medicare and Medicaid Services (CMS) is warning seniors and people with disabilities to be aware of a scheme asking Medicare beneficiaries for money and checking account information to help them enroll in a Medicare Prescription Drug Plan. Complaints have been filed in several states and the caller attempts to convince the beneficiary to allow them to withdraw $299 to pay for a non-existent prescription drug program. If you have been solicited for this or a similar offer you are encouraged to call local law enforcement or 1-877-7SAFERX (1-877-772-3379) to report the incident. No Medicare drug plan can ask a person with Medicare for bank account or other personal information over the telephone and no beneficiary should ever provide that information to a caller. Whenever you have questions or concerns about any activity regarding Medicare please call 1-800-MEDICARE.

Also this past week, I was visited by the Senior AP government class from Dodge City High School. They watched the House in session from the gallery, they received a tour of the Capital, and met our Kansas Senator Tim Huelskamp. As always, I encourage you to contact me with any questions or concerns you may have: by email george@house.state.ks.gov, by phone (785) 296-7696, by fax (785) 296-2028, or visit my website at patgeorge.org.

Sincerely yours,

Pat George
Representative for the 119th District
State of Kansas
House of Representatives