Vicki's Voice Newsletter- February 2, 2013

Senator Vicki Schmidt's Newsletter

February 2, 2013

Dear Friends:

Thank you to the engineers for educating me on the barriers on the Kansas Turnpike! In my newsletter last week I stated that the barrier was "cement." That was an error. While cement is one ingredient, it is combined with water and aggregate to make concrete. So, it is a CONCRETE retaining wall!

On January 29th the Senate celebrated the Kansas Day! Kansas was the 34th state in the Union on 1-29-1861. Traditionally the Senators sing "Home on the Range." This year we had a treat! Caleb McGinn, the son of Sen. Carolyn & Mark McGinn, sang the song for us. Caleb was recently awarded the 2012 International Acoustic Music Award, First Place. You can learn more about this talented young musician at his website, http://www.calebmcginn.com/fr_home.cfm. Please see his picture on the right.

EDUCATION AND PERSONAL ACTIVITIES

Did you realize that TWO former Washburn University football players are playing in the Super Bowl? YES!! Michael Wilhoite plays for the San Francisco 49ers and Cary Williams plays for the Baltimore Ravens! A first for WU and our state! Good luck to both men and their teams!
************************************************* The February 26, 2013 Primary Election is just around the corner! Voter registration will close on Tuesday, February 5, 2013! Make sure you are registered to vote!

FLOOR ACTIVITIES

It was my distinct honor to recognize my constituent and friend, Joanne Budler (Jo) for receiving the honor of the 2013 Librarian of the Year Award from the Library Journal. Jo has been our State Librarian since 2010. Shortly after she started the state's ebook collection was in jeopardy. Kansas' ebook platform, OverDrive, presented Budler with a renewal proposal increasing administration costs by some 700% and losing access to ebooks for the users of Kansas. Budler quickly rejected more than one proposal from OverDrive and WON the right to transfer titles to a new platform. This dispute set off a long, and public, national examination of library service agreements. THANK YOU AND CONGRATS TO JO!!! Thank you also to Joe, her husband, and Lisa Cusullo, her daughter, for being at the recognition! Please see her picture on the right.

SCR 1601 - This constitutional amendment would change the way our state fills vacancies on its appellate courts, the Kansas Supreme Court and the Kansas Court of Appeals.

Our current merit selection system has been in place since 1958, after adoption of an amendment to the Kansas Constitution. This was approved by more than 60% of the voters. We have had more than 50 years without a hint of scandal or substantive cause for change.
The Kansas Constitution provides for a nine member Supreme Court Nominating Commission which is selected as follows:

One attorney serves as chair, who is elected by all licensed attorneys residing in Kansas
Four attorneys, one elected from each of the state's four congressional districts by licensed attorneys residing in those districts
Four non-attorneys, one selected by the Governor from residents within each of the state's four congressional districts

The proposed change would allow for the Governor to appoint and the Senate to confirm Kansas Supreme Court justices and Kansas Court of Appeals judges. I believe the judicial branch must remain independent and retain the public's trust and confidence.

The leading criticism of our current system is that the majority of the commission members are attorneys selected by attorneys who are not effectively accountable to the public. As a result, at the urging of its membership, the Kansas Bar Association addressed judicial selection and adopted a resolution for amending the Kansas Supreme Court Nominating Commission. This proposal is included in SCR 1605.

SCR 1601 also provides for Kansas residents to vote on the proposed change, as required for a change in our constitution. The date for voting in SCR 1601 is August 2014, the primary election. An amendment was offered during debate to move the date to November 2014, the general election. In 2010 only 25.2% of registered voters voted in the primary, while 59.7% voted in the general election. In 2012 only 23.2% of registered voters voted in the primary while 66.8% voted in the general election.

I believe that the voter turnout speaks for itself. The amendment failed 14-26. I VOTED FOR THE AMENDMENT.

Since this is a constitutional amendment it required 2/3 vote of the Senate. The vote was 28-12. I VOTED NO. The measure will now go to the House for their consideration.

SB 8 This is the "companion bill" to SCR 1601. It would create the Commission on Judicial Nominations that would review the gubernatorial judicial appointees before they would be confirmed by the Senate. The vote was 28-11. I VOTED NO.

SB 20 - This bill further defines who can file for a financial hardship in the payment of docket fees. The vote was 39-1. I VOTED YES.

SB 18 - This bill changes the provisions relating to restraining orders and temporary injunctions. The vote was 39-1. I VOTED YES.

I am happy to report that SB 7 remained on the Senate calendar and passed 40-0. I VOTED YES. This is the bill that would allow the mixing of samples at retail liquor stores, instead of no dilution and straight shots of distilled spirits.

COMMITTEE ACTIVITIES

TRANSPORTATION

The committee had presentations by the following individuals:

Donna Shelite, Director of Motor Vehicles, Kansas Department of Revenue
Dean Reynoldson, Chief Investigator, Office of Special Investigations and Director of Alcohol Beverage Control (ABC), Kansas Department of Revenue
Major Mark Bruce, Support Services, Kansas Highway Patrol
Captain Christopher Turner, Commander of the Motor Carrier Inspection Program, Kansas Highway Patrol
Lindsey Douglas, Chief of Governmental Affairs, Kansas Department of Transportation

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FINANCIAL INSTITUTIONS & INSURANCE

The committee held hearings on the following bills:

SB 24 - This bill was introduced by the Kansas Insurance Department. It would ensure that a Kansas domestic company would have the minimum amount of capital needed to support its overall business operations in consideration of its size and risk profile. There were no opponents to the bill.

SB 25 - This bill was introduced by the Kansas Insurance Department also. It would apply to health organizations in Kansas. Currently we have 9 companies. This also ensures that the company would have adequate capital. There were no opponents to the bill.

SB 26 - This bill was the third one introduced by the Kansas Insurance Department. It is needed to comply with uniform licensing standards for agent reciprocity. It also expands the definition of ethics to include regulatory compliance. There were no opponents to the bill.

SB 51 - This bill would add a trade organization of banks to the list of associations that provide health insurance coverage exempt from the jurisdiction of the Commissioner of Insurance. It was sponsored by the Kansas Bankers Association. There were no opponents.

SB 52 - This bill would increase the maximum rate to 3.5 percentage points above the specific monthly floating indexed interest rate by the Federal Home Loan Mortgage Corporation (Freddie Mac). There were no opponents.

The committee received updates from:

Charles S. Morris, Vice President & Economist, Federal Reserve Bank of Kansas City
Kevin L. Moore, Senior Vice President, Supervision and Risk Management Division, Federal Reserve Bank of Kansas City

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EDUCATION

The committee met jointly with the House Education Committee again this week. The following individuals presented various reports:

Ken Willard, Kansas State Board of Education, Chairman of Governor's School Efficiency Task Force
Jim Means, USD 259, Wichita, Executive Director, Career and Technical Education
Dr. Carl Hielman, Barton County Community College
Dr. Greg Good, President, Salina Area Technical College
Dr. John Wyrick, Superintendent of Schools, Erie USD 101
Ashlyn Taylor, Destiny Cooley, Bethany Barton, Madison Steenrod, Isaac Stark and Ashley Gray - Students in Erie USD 101
Ms. Jerri Kemble, Superintendent of Schools, Centre USD 397
Beka Basore and Makenzie Deinas - students at Centre USD 397
Dr. Deborah Hamm, Superintendent and Natise Vogt, Principal, Walton Rural Life Center, Newton
Dr. Randy Watson, Superintendent of Schools, McPherson USD 418
Dr. Cynthia Lane, Superintendent of Schools, Kansas City, KS USD 500
Malissa Martin, President and CEO; Brooke Miller, Coordinator; Esme Banuelos, Wichita State University Student; Kimber Linnell, Ottawa High School Student; Cody Robertson, Board of Directors (Vice Chair of Internal Operations) - all with Communities in Schools

GPSchmidt

Met with Bill Meek, Register of Deeds, Sedgwick County
Met with Aaron Jack, Kansas Securities Commissioner
Met with Kimberly Winn, Deputy Director, League of Kansas Municipalities
Met with Terry Humphrey and Sky Westerlund, National Association of Social Workers, Kansas Chapter
Met with Janice Taggart, KSU Classified Employees
Met with Megan Weide, Physical Therapy Student at WSU, and Carolyn Bloom, Physical Therapist
Met with Deb Kiker, CEO, Community Health Ministry, Wamego
Met with Chad Austin and Audrey Dunkel, Kansas Hospital Association
Met with Michael Kobuszewski, D.V.M. and Billie Manderick - Kansas Board of Veterinary Examiners
Attended Congresswoman Lynn Jenkins' Reception
Spoke at the Washburn University Leadership Council
Met with Alice Weingartner, Director of Shawnee County Clinics
Met with Ron Wells, Manager of Dillon's at 29th and Urish Road
Attended the Health Bites: What's Coming with KanCare presented by Scott Brunner, Kansas Health Institute
Spoke at the Pie and Politics event at the Greater Topeka Chamber of Commerce