Received: from unknown (HELO legemailout.ks.gov) ([10.154.203.159]) by lgip01.leg.ks.gov with ESMTP; 19 Feb 2010 15:42:58 -0600 Received: from SWCA01.LGKS.LOC (10.154.203.161) by swhtc02.LGKS.LOC (10.154.203.159) with Microsoft SMTP Server (TLS) id 8.2.234.1; Fri, 19 Feb 2010 15:42:55 -0600 Received: from EMAIL01.LGKS.LOC ([fe80::c504:6b9d:cdb5:4803]) by SWCA01.LGKS.LOC ([10.154.203.161]) with mapi; Fri, 19 Feb 2010 15:42:54 -0600 Received: from lgip01.leg.ks.gov ([165.201.70.119]) by col0-mc3-f28.Col0.hotmail.com with Microsoft SMTPSVC(6.0.3790.3959); Fri, 19 Feb 2010 13:43:00 -0800 Return-Path: From: "Jeff King" To: "Jeff King" Subject: From the Statehouse February 19, 2010 Date: Fri, 19 Feb 2010 16:42:52 -0500 Message-ID: MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_00DF_01CAD37B.33736880" X-Mailer: Microsoft Office Outlook 12.0 Thread-Index: AcqxrHzC7BHAKOLlRYqRrDrABg8VjA== Content-Language: en-us ------=_NextPart_000_00DF_01CAD37B.33736880 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit From the Statehouse - February 19, 2010 The Kansas Legislature has reached the unofficial midway point of the 2010 session - known as "turnaround day." Turnaround day is the deadline for most bills to be accepted or rejected by their body of origin (either the House or the Senate). In other words, if the bill does not involve taxes, the budget, or federal/state affairs, it is likely dead unless either the House or the Senate passed it by today. Because this deadline does not apply to budget or tax bills, I will leave my discussion of those issues for next week's newsletter. Instead, I will highlight a few key issues considered this week by the Kansas House. Elimination of the "One Judge Per County" Rule The Kansas House narrowly defeated a bill that would have threatened the future of magistrate judges in Elk and Chautauqua counties. This bill, House Bill 2429, would have ended the century-old requirement that each Kansas county has its own judge. Specifically, HB 2429 would have allowed the Kansas Supreme Court to reassign a magistrate judge if that judge's average caseload fell below a certain threshold. HB 2429 would have been devastating for small Kansas counties. For instance, when law enforcement needs a warrant at 2:00am, local magistrate judges are often the difference between a successful arrest and a criminal remaining at-large. Local judges are also the heart and soul of county courthouses. Without a judge in each county, I believe that the viability of local courthouses would be in jeopardy. This bill would have also harmed larger counties, such as Montgomery, who share judicial districts with small counties. For example, Judge Casement in Chautauqua County works extensively in Montgomery County to ease its caseload. HB 2429 would have threatened Judge Casement's work and the speed of justice in both Montgomery and Chautauqua counties. Fortunately, after an hour-long debate, the Kansas House defeated HB 2429 by a vote of 59-56 by returning the bill to the House Judiciary Committee for further study. I am proud to have led the fight on the House floor to defeat this dangerous piece of legislation. Empowering School Districts to Use Unencumbered Funds The Kansas House passed HB 2280 today, a bill that gives school districts the authority to use unencumbered capital improvement funds for general operating expenses. In this tight budget environment, the state must give schools the most flexibility possible to face their own unique challenges. HB 2280 helps accomplish this goal by freeing over $40 million in state capital improvement aid for general operations. Capital improvement aid is important. It enables local schools to meet basic facility needs. Having sufficient funds for classroom instruction, however, is even more vital. Recognizing that fact, HB 2280 allows school districts to pull uncommitted capital improvement funds back into the contingency reserve fund of the districts for the current school year. That way, school districts can use these uncommitted funds as they see fit to best educate Kansas children. Solving this year's budget crisis will require flexibility and creative thinking. HB 2280 accomplishes both of those objectives. That's why I supported its passage today by the Kansas House. Strengthening Our Right to Self-Defense I am proud to have carried House Bill 2342 and led the fight for its passage on the floor of the Kansas House. HB 2432 is a key bill that corrects a grievous ruling from the Kansas Supreme Court. In State vs. Hendrix, the Kansas Supreme Court ruled that, if an individual is threatened with death or grave bodily harm, they could only use actual force to protect themselves, but cannot merely threaten to use protective force. Put another way, the Kansas Supreme Court ruled that I can legally shoot someone who threatens me, but I cannot threaten to shoot them. With all due respect to the 5 Supreme Court justices who made this ruling, that result is absurd. HB2432 corrects the Hendrix case by making it clear that someone who is threatened with death or grave bodily harm can legally threaten to use force to protect themselves or others from danger. I hope the Senate and the Governor quickly approve this legislation to return common sense to our right to self defense in Kansas. Lowering Montgomery County Property Taxes Finally, I wrote in detail about House Bill 2587 in a previous newsletter. HB2587 is a property-tax relief bill for Montgomery County residents. It would eliminate the need for local government to escrow the taxes paid under protest by the nitrogen fertilizer plant in Coffeyville. By providing a 5-year interest free loan from which to repay these taxes should the county lose this tax appeal, HB 2587 should lower next year's county property taxes by as much as 10%. HB 2578 is scheduled for a hearing before the House Taxation committee at 9:00 am on Wednesday. I will testify in support of this important bill, as will a number of other Montgomery County residents. If you wish to provide written testimony in support of this bill, please let my assistant, Darla Conner, know ASAP. You can reach her at 785-296-7667 or at darla.conner@house.ks.gov. We must receive your written testimony by 1:00 pm on Tuesday. If you wish to testify in person in Topeka, please let Darla know that by 1:00 pm on Tuesday as well. Thank you as always for your interest in the Kansas Legislature and for the opportunity to serve as your representative. If you have any questions about these issues or other legislative topics, please do not hesitate to contact me at 785-296-7667 or by email at jeff.king@house.ks.gov. ------=_NextPart_000_00DF_01CAD37B.33736880 Content-Type: text/html; boundary="_000_B0D05B633CB60644A35C31737041AFFE23021285D1EMAIL01LGKSLO_"; charset="us-ascii" Content-Transfer-Encoding: quoted-printable

From the Statehouse – February 19, 2010

The Kansas Legislature has reached the = unofficial midway point of the 2010 session – known as “turnaround day.”  Turnaround day is the deadline for most bills to be = accepted or rejected by their body of origin (either the House or the = Senate).  In other words, if the bill does not involve taxes, the budget, or = federal/state affairs, it is likely dead unless either the House or the Senate passed = it by today.   

Because this deadline does not apply to = budget or tax bills, I will leave my discussion of those issues for next = week’s newsletter.  Instead, I will highlight a few key issues considered = this week by the Kansas House.

Elimination of the “One = Judge Per County” Rule

The Kansas House narrowly defeated a bill that would have threatened the future of = magistrate judges in Elk and Chautauqua counties.  This bill, House Bill 2429, = would have ended the century-old requirement that each Kansas county has its = own judge.  Specifically, HB 2429 would have allowed the Kansas Supreme = Court to reassign a magistrate judge if that judge’s average caseload = fell below a certain threshold.

HB 2429 would = have been devastating for small Kansas counties.  For instance, when law = enforcement needs a warrant at 2:00am, local magistrate judges are often the = difference between a successful arrest and a criminal remaining at-large.  = Local judges are also the heart and soul of county courthouses.  Without = a judge in each county, I believe that the viability of local courthouses would = be in jeopardy.

This bill would = have also harmed larger counties, such as Montgomery, who share judicial = districts with small counties.  For example, Judge Casement in Chautauqua = County works extensively in Montgomery County to ease its caseload.  HB = 2429 would have threatened Judge Casement’s work and the speed of = justice in both Montgomery and Chautauqua counties.

Fortunately, = after an hour-long debate, the Kansas House defeated HB 2429 by a vote of 59-56 = by returning the bill to the House Judiciary Committee for further = study.  I am proud to have led the fight on the House floor to defeat this = dangerous piece of legislation.

Empowering School Districts to = Use Unencumbered Funds

The Kansas House passed HB 2280 today, a bill = that gives school districts the authority to use unencumbered capital = improvement funds for general operating expenses.  In this tight budget = environment, the state must give schools the most flexibility possible to face their = own unique challenges.

HB 2280 helps accomplish this goal by freeing = over $40 million in state capital improvement aid for general operations.  Capital improvement aid is important.  It enables = local schools to meet basic facility needs.

Having sufficient funds for classroom = instruction, however, is even more vital.  Recognizing that fact, HB 2280 allows = school districts to pull uncommitted capital improvement funds back into the contingency reserve fund of the districts for the current school = year.  That way, school districts can use these uncommitted funds as they see = fit to best educate Kansas children.

Solving this year’s budget crisis will = require flexibility and creative thinking.  HB 2280 accomplishes both of = those objectives.  That’s why I supported its passage today by the = Kansas House.

Strengthening Our Right to = Self-Defense

I am proud to have carried House Bill 2342 = and led the fight for its passage on the floor of the Kansas House.  HB = 2432 is a key bill that corrects a grievous ruling from the Kansas Supreme = Court.  In State vs. Hendrix, the Kansas Supreme Court ruled that, if an individual is threatened with death or grave bodily harm, they could = only use actual force to protect themselves, but cannot merely threaten to use protective force. 

Put another way, the Kansas Supreme Court = ruled that I can legally shoot someone who threatens me, but I cannot threaten to = shoot them.  With all due respect to the 5 Supreme Court justices who = made this ruling, that result is absurd.

HB2432 corrects the Hendrix case by = making it clear that someone who is threatened with death or grave bodily harm can legally threaten to use force to protect themselves or others from danger.  I hope the Senate and the Governor quickly approve this legislation to return common sense to our right to self defense in = Kansas.

Lowering Montgomery County Property Taxes

Finally, I wrote = in detail about House Bill 2587 in a previous newsletter.  HB2587 is a = property-tax relief bill for Montgomery County residents.  It would eliminate = the need for local government to escrow the taxes paid under protest by the = nitrogen fertilizer plant in Coffeyville.  By providing a 5-year interest = free loan from which to repay these taxes should the county lose this tax appeal, = HB 2587 should lower next year’s county property taxes by as much as = 10%.

HB 2578 is = scheduled for a hearing before the House Taxation committee at 9:00 am on Wednesday.  I will testify in support of this important bill, as = will a number of other Montgomery County residents.  If you wish to = provide written testimony in support of this bill, please let my assistant, = Darla Conner, know ASAP.  You can reach her at 785-296-7667 or at darla.conner@house.ks.gov.&= nbsp; We must receive your written testimony by 1:00 pm on Tuesday.  If you = wish to testify in person in Topeka, please let Darla know that by 1:00 pm on = Tuesday as well.

Thank you as always for your interest in the = Kansas Legislature and for the opportunity to serve as your = representative.  If you have any questions about these issues or other legislative topics, = please do not hesitate to contact me at 785-296-7667 or by email at jeff.king@house.ks.gov.

 

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