Looking back at the legislative session

This year’s legislature has been quite productive and the gridlock that characterized last session has been replaced by two chambers that are able to work together to form policy that will create jobs and improve the economy. Recently, Kansas earned an “A” rating from the Kauffman Foundation for being friendly to the small businesses that create a majority of Kansas jobs. The grade was higher than last year’s rating for Kansas, and higher than the “C” grade Missouri earned. Kansas’ high grade was attributed to how easy it is to start a business, especially considering the state regulatory systems. The survey named the state the 7th easiest in the nation in which to start a business. This is encouraging news, that combined with a low tax burden will bring more businesses and jobs to Kansas.

Budget and Tax Plans

Budget and tax negotiations with the Senate will continue after legislators return to Topeka on May 8. By then, House and Senate budget negotiators will have April revenue numbers as well as consensus revenue estimates through November 2013. This will enable them to make budget decisions based on the most recent tax collections. The budget and tax conference committee members will come to an agreement, and bring that back to the full House and Senate for votes by both chambers. The full House will have an opportunity to vote whether to adopt the budget and tax committee reports. The goal of the House budget is to increase accountability and efficiency. It uses resourceful methods to find savings across the entirety of the state budget. The House budget freezes the total amount of money allocated for state employee salaries, eliminating funds for unfilled state employee positions that were continually financed by taxpayers but used in other areas without accountability or oversight from the agency.

Marketplace Freedom

The House and Senate approved House Bill 2069 that prohibits local governments from requiring private businesses contracted to complete tax payer funded projects to pay certain wages or benefits to their workers. This prevents artificial interference and allows the markets, not government, to keep the cost of taxpayer funded projects low. This legislation did not change any contracts between private companies and only applies to contracts funded with taxpayer dollars.

Restraint of Trade

The legislature worked this session to clarify that nothing in the Kansas Restraint of Trade Act can be interpreted to restrain trade or commerce, or contravene public welfare. This bill comes a year after the Kansas Supreme Court made a ruling that was contrary to the intent of the original Kansas Restraint of Trade Act, creating a situation of uncertainty with many Kansas businesses regarding their contracts, agreements and arrangements. Senate Bill 124 clarifies the law, reinforcing Kansas specific application of the federal antitrust laws. The details of this legislation were very technical and many parties were involved in finding a compromise that will work for all Kansas industries and businesses. The legislature’s work ensures that the regulatory system in Kansas is coherent and consistent and encourages a stable business environment while not being overly burdensome.

Judicial Selection

The current system of selecting state judges leaves the vast majority of Kansans out of the process and which is not democratic. A board made up of nine members—five of whom are placed there by the Kansas Bar Association—interview candidates for the appeals court system in secret. The result of those closed meetings is three candidates, sent to the governor for appointment. Until the change this year, the Court of Appeals selection commission was not accountable to the people of Kansas. Furthermore, members of the Bar Association say they often have no idea who they vote for to join the commission. This session the governor signed into law a bill that will change the way appellate court judges are picked in Kansas. The new law would make the Governor the appointing authority for appeals court judges, subject to confirmation by the Senate, similar to the federal model. This system is democratic. Everyone involved in the process is accountable to the people of Kansas through election. This is a statutory change, unlike a constitutional change needed to change process of selecting judges on the Kansas Supreme Court.

Protecting Women

Kansas law now has no statute of limitations on felony rape charges or aggravated criminal sodomy. Governor Brownback signed the bill into law earlier this session, joining 19 other states without an expiration date by which rape charges can be filed. The previous statute of limitations in Kansas was five years. It’s important for offenders to be prosecuted for aggravated crimes even if time has passed since the incident. This bill is especially important because advances in DNA technology make it possible to find an assailant years later. It can also take years for a victim to have the emotional strength to go through a trial and face her attacker. Another separate bill imposes tougher penalties for human traffickers and individuals for having sex with a child. The bill puts in place new intervention and support services to help all victims of human trafficking. The bill also provides training for law enforcement and social services professionals throughout Kansas on the subject of human trafficking.