Guest column

State Rep. Stan Frownfelter 

31st District, Wyandotte County 

Committees:

House Energy and Utilities 

House Commerce and Economic Development 

House Taxation 

Week 6 - Feb. 13-17, 2012 

In this issue:

From the Statehouse: Week 6 

Tax update 

Proposal would require use of E-Verify 

Alabama-style immigration proposal considered 

Kansas Religious Freedom Act 

NBAF funding stripped from federal budget 

House Bill 2324 restricts sales of electronic cigarettes to minors 

Proposal would mandate financial literacy course 

Committee sends bill on seclusion and restraint to full House 

Keep in touch 

From the Statehouse: Week 6 

   We are nearly halfway through the 2012 session. It's amazing how fast time flies under the Dome once we get going. The "official" halfway point of the session is next week, which is referred to as "Turnaround." After Turnaround, the House will begin to consider Senate bills, and vice versa. 

   We had a bit of excitement around the Capitol this week as two unrelated security incidents kept Capitol Police very busy on Wednesday. In the first case, two improvised explosive devices were discovered in an unattended pickup across the street from the Capitol. The Topeka Police Department's bomb squad was summoned and the pickup's owner was apprehended in the tunnel between the Statehouse and the Docking State Office Building. In the second incident, a man was arrested after issuing several threats in a telephone call to Gov. Sam Brownback's office. The man was located via caller ID, questioned, then arrested. Capitol Police did an excellent job of managing these dangerous incidents. I am grateful for their protection and their service. 

Tax update 

   In response to growing criticism over Gov. Brownback's plan to cut Kansas income taxes, House Republicans have unveiled an alternate proposal to accomplish the governor's goal using a different approach. 

   In order to pay for their tax plan, the House GOP plan will adjust the percentage of general sales taxes that are sent to the Department of Transportation, essentially cutting $300 million from the Highway Fund over the next two years (and perhaps more money over a longer period of time). The Highway Fund is the revenue source for the comprehensive transportation plan that was signed into law in 2010, which was projected to create 175,000 new jobs and generate $6.4 billion to our state's economy over the next ten years. 

   The transportation plan that passed the House in 2010 is the largest jobs package in Kansas history. It is wrong for House Republicans to propose eliminating those jobs at a time when over 50,000 Kansans are desperate to find work. 

   The devil is in the details when it comes to tax reform. Gov. Brownback's tax plan increases taxes on the poor by 5,102 percent. The House Republicans' tax plan eliminates thousands of jobs for middle class families. Both plans make the gap between the rich and the middle class wider. We can do better. 

Proposal would require use of E-Verify 

   This was definitely an "immigration heavy" week at the Capitol. The Committee on Federal and State Affairs heard testimony on various immigration proposals all week. 

   E-Verify is an Internet-based system that ensures an individual's legal ability to work in the United States. House Bill 2492 would require the use of E-Verify as a condition for any governmental contract to a business entity in excess of $5,000. Upon a first violation, the governmental entity may withhold from amounts due or recover up to 5 percent of the total amount of the contract in liquidated damages. A subsequent violation may incur 10 percent of the total amount of the contract as well as a withholding on amounts due. 

   Proponents suggest this would ensure businesses are complying with employment laws (in other words, it would prevent businesses from hiring illegal aliens). They say the state the program is extremely accurate and that Kansas has a clear legal authority in requiring the use of E-Verify. 

   Opponents - mainly business entities - argue this bill would create an undue burden on their companies, especially those with numerous governmental contracts. They say it would force them to spend money to administer the program. Also, they argue that the program would add administration costs to the cities. 

   The Legislature debates illegal immigration every year, but we never address the core of this problem. Illegal immigrants come to Kansas for jobs that they are not legally entitled to. Businesses that knowingly hire illegal workers do so in an effort to exploit them. Both sides are breaking the law. There isn't much we can do about illegal immigration at the state level, but cutting off the incentive is a good place to start. Also, any business entity that wins a taxpayer-funded contract should always be held to the highest legal standard. 

Arizona-style immigration proposal considered 

   Another immigration proposal before the Federal and State Affairs Committee this week was House Bill 2578. The bill requires government officials to comply with and support the enforcement of federal immigration laws. It also allows law enforcement, following a lawful stop, to detain or arrest individuals if the officer has "reasonable suspicion" regarding immigration status. 

   The bill also requires government agencies to retain and share information relating to an individual's immigration status for use in determining ones eligibility for public benefits, licenses, services, and residency. 

   Proponents suggest the bill would allow the state to enforce federal immigration laws that are being overlooked and help secure Kansas borders. They also suggest the bill will help fight crime by monitoring who is in the state. If you think this bill sounds an awful lot like the immigration laws in Arizona and Alabama, it's because it was authored by the same person. Our own Secretary of State Kris Kobach testified in favor of the bill. 

   Opponents contend this bill would inhibit people from reporting crimes and cooperating with investigations. They also suggest this will create an even greater burden and cost on already overworked law enforcement agencies. Additionally, a fear about economic fallout similar to what was seen in Arizona and Georgia was expressed. 

Religious Freedom Restoration Act 

   This week there was a vigorous debate about House Bill 2260, the Kansas Religious Freedom Restoration Act. It was introduced last year but was tabled in the House Judiciary Committee. After the recent controversy over contraceptive coverage in the federal health care plan, the bill received a hearing. 

   House Bill 2260 will prohibit state institutions from curtailing or denying a person's exercise of religion, unless government has a compelling reason to do so. It also would allow people to sue state institutions and local governments for infringing on their religious freedom. 

   Proponents argued that it would protect Kansans' right to practice their religion. They argued that this bill is needed to ensure that Kansans may be allowed to exercise their faith to the fullest extent in the public sphere. Proponents included Lt. Gov. Jeff Colyer, Kansas Family Policy Council, Kansas Catholic Conference, and Alliance Defense Fund. 

   Opponents were fearful of the potential for increased discrimination against minority groups disguised as "religious freedom," as well as concerns over preemption of local ordinances already prohibiting discrimination on the basis of religion. Two concerned citizens addressed the committee by suggesting the real purpose of this bill is to condone discrimination against gay and lesbians. 

NBAF funding stripped from federal budget 

   This week, the Department of Homeland Security announced that $40 million in federal funding has been eliminated from the national bio- and agriculture- (NBAF) facility planned for Manhattan, Kan. $10 million dollars will remain for continued research at Kansas State and a New York-based facility. 

   While I certainly understand the financial crunch our federal government is in, this decision is a devastating blow to the state of Kansas. 

   Once completed, NBAF's 500,000 square foot laboratory would help answer a national challenge by ensuring public health and the safety and security of our country's food supply. The construction phase would provide an estimated 1,500 jobs, with even more jobs being created as a result of NBAF research and innovations. In total, the facility would bring an estimated $3.5 billion in revenue to the state. 

   I'm hopeful that this decision can be reversed in next year's federal budget. This endeavor is far too important for the future safety of our state and our nation. 

House Bill 2324 restricts sales of electronic cigarettes to minors 

   This week the House considered House Bill 2324, which adds electronic cigarettes to existing law that restricts the sale of tobacco products to minors and the possession of tobacco products by minors. 

   Electronic cigarettes are nicotine delivery devices. They produce a vapor by placing liquid that contains nicotine on a heating element. The intent is to fulfill a nicotine replacement role and to aid in smoking cessation. Electronic cigarette devices appeal to children because the liquids come in a variety of flavors, ranging from traditional tobacco flavors to more exotic flavors, such as chocolate and pina colada. These devices have similar health risks to tobacco products and should not be used by children. 

   There were many proponents to this bill, including the Kansas Association of Chiefs of Police, the Kansas Sheriff's Association, the Kansas Peace Officers Association, the American Cancer Society, and the Tobacco Free Kansas Coalition. 

   There were no opponents in committee, but there was some debate about the bill on the House floor. The chair of the House Health and Human Services Committee said that there were studies that indicated that nicotine did not have negative health effects. Rather, carcinogens from smoke is the health risk. Since electronic cigarettes contain no carcinogens, they felt that this legislation was unnecessary and "was a solution looking for a problem." Others countered this claim, saying that even though electronic cigarettes do not expose children to carcinogens, nicotine is very addictive. Access to electronic cigarettes will encourage use of real cigarettes when they become of age. 

   The House advanced the bill out of committee of the whole on a voice vote. We will take a final action vote tomorrow. 

Proposal would mandate financial literacy course 

   House Bill 2645, which would require a one-semester class in financial literacy for every high school senior, had a hearing this week in the House Education Committee. 

   Proponents of the bill told the committee that this would be easy to implement as many high school seniors are only taking one class and waiting for their diplomas (referencing the fact that English language arts is the only subject required to be taken for a full four years in high school). Currently, schools are required to teach financial literacy standards in all grades, infusing those standards into mathematics and social studies classes. In addition, financial literacy standards are tested on the state mathematics assessments. Proponents argued that this is insufficient. 

   Opponents argued that most high schoolers take much more than one class in their senior year. In a typical six period high school, a student has 48 semester courses. Currently, eight of those are English language arts, twelve are mathematics and science, six are social sciences, one is PE, and one is fine arts. They said that an additional mandated class is just not feasible. 

   Tough economic times definitely highlight the need for financial literacy. However, given the dramatic budget cuts schools have endured over the last few years, I don't think it is reasonable to put additional mandates on local schools until we give them additional resources. Even then, it's not the Legislature's job to make decisions about school curriculum. That is a task that should be administered by the State Board of Education. 

   The committee did not work the bill this week. 

Children and Families Committee sends seclusion and restraint bill to full House 

   The House Committee on Children and Families this week approved House Bill 2444, addressing the seclusion and restraint of children in schools. 

   This controversial bill has been the subject of debate for several years. It provides strict limitations on the use of physical restraint of students, the use of seclusion rooms for those students, the design of seclusion rooms, and reporting to parents on the use of seclusion and/or restraint. 

   Further, no teacher may use restraint or place a student in seclusion unless that teacher has completed a training session designed by the State Department of Education. 

   While the bill may seem non-controversial, a number of concerns have been raised about its implementation and the possibility that it would create a more litigious atmosphere. 

   The bill passed out of committee and now awaits consideration on the House floor. 

Keep in touch 

   It is a special honor to serve as your state representative. I value and need your input on the various issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 725, 7th Fl, Docking State Office Building, Topeka, Kan., 66612. You can reach me at 785-296-7648 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You can also follow the legislative session online at www.kslegislature.org/