Kent Carrie Dvorak

KANSAS STATE SENATOR JULIA LYNN, 9TH DIS TRICT

Volume 1, Issue 6

April 23, 2009

Julia’s CapBiz After an extremely busy and fast 3 week break back in District 9 I am preparing to return to Topeka next week for the “Wrap Up Session” and hopefully “Sine Die”.

Inside this issue:

I have been everywhere in the District meeting and talking to constituents at chamber events, legislative forums, in neighborhoods, at schools, hospitals, and social service agencies. I believe this time in the district is like a breath of “fresh air” after having been in Topeka for 3 long months this winter! It’s a great way for me to center myself and carry the perspective of my district back to Topeka for the final session.

Concealed Carry for Prosecutors

2

Promoting Employment Across KS

2

Power of Attorney

3

Kelsey Smith Act

3

Civil Forfeiture of Assets

3

Postsecondary Education Savings

3

Crime, Punishment, Criminal Procedure

4

Late Term Abortions

5

Smoking and Cigarette Sales

6

Julia

Olathe High 21st Century Program

6

UPCOMING PULIC SCHEDULE

Social Networking

7

Seat Belts

7

Marriage and Therapist Licensing

7

Children in Need of Care

8

Min. Wage and Max. Hours Act

We face some of the most major budget challenges in the history of the state when we return. As our revenues continue to decline we are faced with a 328M deficit and will need to find budget cuts across the board at 5-7% for all agencies or choose to raise taxes with a smaller hit on state agency budgets. I am not fond of either choice. My intention is to resist any and all attempts to raise taxes on individuals, families and business in an economy where many are being laid off and down-sized and business is down 25-40% statewide. We simply either need to ask government to do less or to raise taxes to fund what we have in place. Please let me know of your ideas and suggestions as I go back to represent you in the Senate Chamber. All my Best-

8

Monday April 27—Landon Lecture Series featuring General David Petraeus, Kansas State University Tuesday April 28—Olathe Public Schools Foundation Scholarship Reception, Ball Conference Center Wednesday April 29-May 1— Senate in Session, Topeka, KS

Professional Engineers from Johnson County hosting a Johnson County Delegation Lunch

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Concealed Carry for Prosecutors

Terry Tomlinson of Lenexa presented a proposal regarding the land use of The Sunflower Ammunition Plant in De Soto.

SB 19 authorizes prosecutors, while engaged in the duties of their employment, to carry a concealed firearm and exempts them from the crime of discharging a firearm. Prosecutors included in the bill include the U.S. Attorney or Assistant U.S. Attorney for Kansas, the Kansas Attorney General or Assistant Attorney General, any district or county attorney and assistant district or county attorney. The bill allows county commissions to prohibit the provisions of SB 19 by passing a resolution if the courthouse and court -related facilities have adequate security to

ensure that no weapons are allowed into the facilities, adequate storage and security for legal weapons, if the county has a policy or regulation requiring law enforcement officers to secure and store their firearms upon entering the facilities, and a sign posted at each entrance showing that concealed firearms are prohibited. Prosecutors are required to obtain and maintain concealed carry training and licensure at their own expense. I voted aye.

Promoting Employment Across Kansas Act

Randy and Deb Tosh hosted the Australian Ambassador at their home. Randy is the Kansas City Manager for the Australian Trade Commission.

This was the most important piece of legislation passed out of Senate Commerce this year. SB 97 enacts the Promoting Employment Across Kansas Act (PEAK) authorizing a diversion for employee withholding taxes under certain circumstances to qualified companies or third parties performing services on behalf of the companies. Qualified companies include those companies who have relocated their business to Kansas and have health insurance coverage for full-time employees for which they pay at least 50 percent of the premium. Bioscience companies, gambling entities, religious organizations, retailers, and utilities are excluded from consideration as a qualifying company as are entities that are delinquent in non-protested tax payments and companies participating in other withholding tax diversion programs. Companies that meet the above requirements and who locate in Douglas, Johnson, Sedgwick, Shawnee, or Wyandotte

counties and who hire at least 10 new employees within two years, or who locate in a non-metropolitan county and who hire at least five new employees within two years are eligible to retain 95 percent of the new employee taxes for five to seven years as long as the employees are compensated at a rate equal or greater than the average county wage. High Impact Projects that employ a minimum of 100 new employees in a five year period qualify for withholding tax diversions of 95 percent for seven to 10 years as long as the employees are compensated at a rate equal or greater than the average county wage. Qualified companies must submit agreement applications for the diversion program to the Secretary of Commerce who must conduct an annual review of the activities undertaken by the companies. The conference committee report for SB 97 was approved by the Senate 37 to 0 and by the House 124 to 1. I voted aye.

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SHARP women from the Girl Scouts of America.

KS Power of Attorney Act

Kelsey Smith Act

Anyone who has elderly parents or is assisting individuals with mental or physical disabilities will be helped by SB 45. This bill amends the Kansas Power of Attorney Act by authorizing the principal who is physically unable to sign a power of attorney document but who is competent to expressly designate an adult to sign the principal’s name on the document in the presence of a notary public. Additionally, the bill requires attorneys acting as a power of attorney to keep a record of receipts, disbursements, and transactions made on behalf of the individual. This is an important bill for those with elderly parents. The conference committee report for SB 45 was approved by the Senate 40 to 0 and by the House 123 to 0. I voted aye.

HB 2126 enacts the Kelsey Smith Act requiring wireless telecommunication carriers to provide information about the location of a telecommunications device if requested by a law enforcement agency in an emergency situation that could result in death or serious physical harm. The Kansas Bureau of Investigation (KBI) is required in the bill to obtain the contact information for all wireless telecommunications carriers doing business in Kansas and distribute it when update or on a quarterly basis to public safety answering points. The conference committee report for HB 2126 was approved 39 to 0 and by the House 125 to 0. Kelsey Smith’s family was present in the chamber for debate and final action votes. I voted aye.

Civil Forfeiture of Assets

Chris Dvorak, son of Kent and Carrie Dvorak of De Soto was in Topeka for Associated Student Government Day. He is a Senator of the association and represents the Teacher's College.

SB 28 adds unlawful conduct of cockfighting, unlawful possession of cockfighting paraphernalia, unlawful conduct of dog fighting, unlawful possession of dog fighting paraphernalia, prostitution, promoting prostitution, and patronizing a prostitute to the list of criminal offenses that can lead to civil forfeiture of assets. This was included in my original cockfighting bill and forfeiture clauses were folded into SB 28 along with the prostitution language that I carried on the Senate floor. I voted aye.

Olathe Chamber Coffee

Kansas Postsecondary Education Savings Program SB 225 indefinitely extends the Kansas Postsecondary Education Savings Program. The bill allows the State Treasurer to approve, on a first come, first served basis, no more than 300 applications per congressional district for participating in the Savings Program. If a congressional district has less than 300 applications, applications from other districts can be

approved. The bill authorizes the state to match, on a dollar for dollar basis, participant contributions of between $100 and $600. The conference committee report for SB 225 was approved by the Senate 39 to 0 and by the House 106 to 8. I voted aye.

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Crime, Punishment, Criminal Procedure

Lee Wright of Farmers invited me to be the speaker at the Farmers Day at the Statehouse prior to their luncheon at the Capitol Plaza. Approximately 150 agents and employees attended.

Yvonne is a future medical student at KU Med.

HB 2060 was the vehicle to include my original cockfighting and dog fighting amendments important to the criminal code. The bill was a vehicle since my original bill was a “gut and go”, an uncommon procedure used to create a vehicle for substitute legislation of another legislatures agenda. My original bill was used as a vehicle for new abortion provisions, which passed both house and senate. HB 2060 creates a special sentencing rule for battery on a law enforcement office that results in bodily injury to the officer (formerly HB 2060). Also included is the provisions of SB 26 concerning the sentence enhancement for drug manufacturing, drug trafficking, and drug possession crimes if the offender carries or discharges a firearm while committing the crime. An additional six months would be added to the sentence if the offender possesses a firearm and an additional 18 months would be added to the sentence if the offender discharges a firearm while committing the drug crime. The bill amends current laws of unlawful conduct of cockfighting and unlawful conduct of dog fighting. Added to the crime of unlawful conduct of cockfighting is causing any gamecock to kill another and grooming, preparing, or medicating a gamecock with the intent to have it kill another. Attending a cockfighting event is changed to a class B nonperson misdemeanor, possessing cockfighting paraphernalia is changed to a class A nonperson misdemeanor, and the penalty for unlawful conduct of cockfighting is increased from a class A nonperson felony to a level 10 nonperson felony. In addition, the bill creates the crime of a class A nonperson misdemeanor for unlawful possession of

dog fighting paraphernalia and a class B nonperson misdemeanor for unlawful attendance of dog fighting. HB 2060 allows for the suspension or restriction of an administrative driver’s license as an additional penalty for unlawful possession of a controlled substance and amends the crime of fleeing or eluding a law enforcement officer. In addition, the bill expands the crime of aggravated criminal threat to included intent to cause, or recklessly cause, the lock down or disruption of regular, ongoing activities of any building, place of assembly, or facility of transportation. The bill extends the standard probation term for a drug felony from 12 months to 18 months and delays the implementation of a statewide offender risk assessment analytical tool for community correctional service programs to July 1, 2011. The conference committee report for HB 2060 was approved by the Senate 36 to 2. I carried this bill on the Senate Floor and voted aye.

Women of the Johnson County Delegation Dinner, hosted by Embarq

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Late Term Abortions

Lenexa Pages

Olathe Salvation Army officials brought me up to date on how the economy is effecting Olathe families receiving services. There is a waiting list of 55 families and a 70% increase of 1st time users. Johnson County is not insulated from effects of the downturn and the Salvation Army provides assistance with temporary housing, food, clothing and utility assistance.

SB 218 requires the Kansas Department of Health and Environment (KDHE) to adopt new forms, rules, and regulations for collecting information from physicians who perform abortions. The bill requires physicians who perform late term abortions to document the medical diagnosis and condition that causes irreversible impairment of a mothers major body functions. The physician and referring physician are required to indicate in a sworn statement there is no legal or financial partnership between them and referring physicians must be a Kansas resident. KDHE must adopt rules and regulations concerning the reporting requirement changes and clarify what information is to be held by physicians who perform abortions for a ten year period.

physician does not pose a threat to the public.

The Kansas Board of Healing Arts must revoke a physician’s license if a physician is convicted of a misdemeanor after July 1, 2009, unless the Board determines by a two-thirds majority vote the

SB 218 was approved by the Senate 25 to 11. This is a major step forward in abortion practitioners being held to the same medical standards as medical doctors. I voted aye.

The bill requires a copy of the written referral and the physician’s written diagnosis be provided to a pregnant woman, except in emergency situations, at least 30 minutes before the woman undergoes an abortion. The parents, guardians, or husband of a pregnant woman undergoing a late-term abortion can file a civil action against the physician performing the abortion if the woman is under 18 years of age at the time of the procedure. The woman must be informed at least 24 hours before an abortion that the abortion will end the life of a living human being. This is in addition to the information that must already be provided to a woman before the abortion.

Talking Issues with Local Bankers

Julia’s CapBiz Page 6

Smoking and Cigarette Sales

After the Olathe Northwest Spring Show with my daughter and our longtime friends.

Senate Substitute for HB 2221 amends current law on cigarette or tobacco infractions and creates the Kansas Indoor Clean Air Act. The bill bans smoking in public places; taxi cabs; limousines; common areas in public and private buildings, condominiums, and other multiple residential facilities; hotel or motel common areas; 80 percent of guest sleeping quarters at a hotel or motel; access point of buildings and facilities unless exempt; and any places of employment. The bill exempts outdoor areas of a building or facility beyond access points; private homes or residences unless a day care home; smoking rooms of a hotel or motel; gaming floors of a lottery gaming facility or racetrack; designated smoking areas that are fully enclosed and ventilated in an adult care home or long-term care units; tobacco shops; and class A and B clubs licensed before January 1, 2009 who no-

tify the Secretary of KDHE in writing they wish to continue permitting smoking. Each employer is required to adopt and maintain a written smoking policy and to communicate the policy to current and new employees upon hiring. Employers are required to clearly post the international no smoking symbol in the workplace. The Senate Public Health and Welfare Committee deleted the original language in HB 2221 and inserted the language from SB 25 as it passed out of the Senate. During the Senate debate an amendment was attached to the bill by Senator Masterson which included Flint Hills National Golf Course and Flint Oak Hunting Lodge in the list of exemptions. Senate Substitute for HB 2221 was approved 25 to 15. I voted aye.

Olathe High School 21st Century Program

Members of the Kansas Veterinary Association visited on issues effecting business practice for Veterinary Doctors in Kansas.

Last week I participated in a tour of Olathe North and Olathe Northwest High School to learn about their 21st Century Program to develop tomorrow’s workforce. This program is structured to extend learning beyond the classroom. Students solve real-world problems in areas of such as science and technology. The project based learning is providing these talented students with marketable skills as well as prepare them with the necessary soft skills required for success in the workforce. Each program we visited was met with highly articulate and educated students who demonstrated critical thinking skills as well as an understanding of the busi-

ness aspects that accompany their specialty. As I approach the final 2009 session with the critical budget shortfall we are experiencing, I am mindful of the important role our schools play in workforce development. It is encouraging to see innovation coming out of our High Schools so students are prepared for immediate entry into the workforce, community or technical colleges, or a four year university. As we work to bring jobs to Kansas it is my desire to increase our return on investment in education by retaining higher numbers of Kansas graduates in Kansas jobs.

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Web 2.0, Social Networking’s Brave New World

Olathe Chamber of Commerce Tourism Advisory committee members visited regarding SB 257.

Johnson County Parks and Recreation

Recently, I participated in an executive forum that was hosted by the Triple-I Corporation, www.triplei.com of Overland Park, KS, where we discussed how to leverage the concepts of Web 2.0 in our roles as leaders. Although the term “Web 2.0” may not be a familiar one, many of us actively use this technology on a daily basis; Facebook, Twitter, and MySpace are all examples of Web 2.0 and its powerful social networking capabilities. According to Tim O’Reilly, Web 2.0 is the set of economic, social, and technology trends that collectively form the basis for the next generation of the internet. It represents a more mature approach toward using the internet, with particular emphasis on user participation, openness, and networking.

ers across the public and private sector alike to rethink how they communicate and share information. By leveraging the highly interactive capabilities of Social Networking Sites such as Twitter, I can both share, and, receive information very quickly. Given the many important issues facing our State, this simple yet powerful technology allows me to better represent each of you in the 9th District, and, advance the many issues and causes that I feel so strongly about such as the State Autism Task Force. Web 2.0’s ability to rapidly connect people and information represents a significant departure from the internet of the past, to the new online world of the 21st century.

It is a transformative force causing lead-

I look forward to seeing you there!

Seat Belt Requirement

Marriage and Therapist Licensing

S.B. HB 2130 requires passengers in a vehicle to wear a safety belt and allows law enforcement officers to stop a vehicle when anyone sitting in the front seat and passengers under the age of 18 is seen violating seat belt requirement. This is a safety and health care issue. Current law does not require adults sitting in the back seat to wear a seat belt and prohibits law enforcement officers from issuing a citation for failure to wear a safety belt if no other law has been violated. The fine for failure to wear a seat belt is $60. The conference committee report for HB 2130 was approved in the Senate 31 to 7 and failed in the House 55 to 65. The bill will remain in the conference committee. I voted aye.

HB 2162 deletes the requirement that marriage and family therapists in Kansas finish their study program before becoming licensed. The conference committee report for HB 2162 was approved by the Senate 38 to 0. I voted aye.

Members of the De Soto PTA visited to encourage keeping funding current during difficult budget times.

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Children in Need of Care This legislation ensures that a Child in Need of Care is protected during important transition time from custody to adulthood and ensures safety for children who have no parent or family resources or if they experience abuse or neglect.

Visiting with residents at the Good Samaritan Center in Olathe.

SB 134 limits a court’s jurisdiction over children in need of care to the child’s 18th birthday or June 1 of the school year the child turns 18, if still in high school, or unless there is no court approved transition plan. If there is no transition plan, the court will retain jurisdiction of the child until they are 21 or until a transition plan is in place. Children in need of care who are 18 can make a written request that the court to cease its jurisdiction and

requires the court to do so in 30 days. The bill makes changes to current law by authorizing SRS custody of a child 15 years of age or younger, age 16 or 17 years old if there are not identifiable parental or family resources, or a 16 or 17 year old child if there is signs the child endured physical, mental, emotional, or sexual abuse. The conference committee report for SB 134 was approved by the Senate 38 to 0 and by the House 122 to 2. I voted in the Senate Judiciary to include language for those with physical, mental, emotional and sexual abuse. I voted aye.

Employees of Farmers Insurance in Olathe

Parents as Teachers at Olathe North High School.

Minimum Wage and Maximum Hours SB 160 increases the Kansas minimum wage requirement from $2.65 to $7.25 an hour to model federal law. There were no documented cases in KS of anyone making under minimum wage. The increase would take effect on January 1, 2010 and employees and employers covered by the federal Fair Labor Standard Act are exempt. The conference committee report for SB 160 was approved by the Senate 33 to 5 and by the House 110 to 1. I carried onto the Senate floor and voted aye.

Serving the People of the 9th District

Senator Julia Lynn is in her second term in the Kansas Senate.

JULIA LYNN KANSAS STATE SENATOR 9TH DISTRICT 18837 W. 115th Terrace Olathe, KS 66061 Phone: 800-432-3924 E-mail: [email protected] Newsletter Contact: Carl F. Walston Communications Director [email protected]

www.SenatorJuliaLynn.com

Prior to serving the Kansas citizens of the 9th District, Julia was adjunct professor at Penn Valley Community College teaching Therapeutic Communications in the Medical Office Program and an entrepreneur establishing start-up business in sales development, personal branding for women executives, and developed the advertising and sales program for KU Medical Center's physician magazine. She has over 25 years experience in health care marketing and public relations working for Salina Regional Medical Center, St. Luke's Hospital Foundation, and Medical Center of Independence. She consulted nationally in Chicago for well-known entrepreneur KE Peterson. After receiving her BA in Political Science from KU, Julia worked in Topeka for Secretary of State Jack Brier. Julia has been married to her husband Jeff for 20 years. They have two children, one in Olathe Northwest High School and one a freshman at Kansas State University. The Lynn’s are members of Colonial Presbyterian Church.

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Link to Summarized Bills and Bill Briefs Many individual bills that pass both houses get placed in Conference Committees towards the end of the session. Bills that are “germane” or of like subject matter are negotiated between the two houses. A great link to see a full summary of conference committee reports, summarized bills and bill briefs can be found at http://skyways.lib.ks.us/ksleg/KLRD/ConfCommBriefs.htm