House Bill (HB) 2576 would increase prison sentences for repeat sexual offenders, specifically those that prey on children. Modeled after a law passed in Florida following the Jessica Lunsford tragedy, this bill increases the sentences for a first time offense to 25 years to life, a second offense to 40 years to life and a third offense would result in life without parole. The bill has met some resistance recently due to an amendment in the Senate attaching a bill to it allowing private prisons in Kansas. The private prison bill has been promoted by suggesting that the State will need the additional prison space to house the offenders detained under this change in sentencing. Private prisons have cheaper operating costs than State run facilities and in the amendment, the State would still maintain oversight authority of the facility. However, the bill is unpopular among many legislators and multiple requests were made to separate it from Jessica’s law and allow individual votes on each. When the bills were separated the private prison portion failed in the House while Jessica’s Law passed unanimously.

Age of Marital Consent

HB 2541 is a bill that was introduced to respond to the much publicized case of a 22 year old man coming to Kansas from Nebraska to marry his 14 year old girlfriend. Such a marriage is already prohibited in Nebraska. The bill began by establishing the minimum age for people to marry as 16. In conference committee the bill was weakened when it was amended and the minimum age was removed and replaced with a provision allowing for a district judge to issue a license to people of any age. When the bill finally emerged, House and Senate conferees left the age at 16 and allowed the judges provision for someone who is 15 only after the judge finds that it is in that person’s best interest. Also attached to the bill was a somewhat unrelated provision to allow someone who is 16 or older to donate blood without parental consent. The bill passed unanimously in the House and 36-4 in the Senate.

Taxes

Several tax bills were passed this week by the House including a phase out of the estate tax, an expansion of the list of organizations that are exempted from paying sales tax, a bill restoring uniformity to local sales tax provisions relating to cities, a bill granting additional local sales tax authority to various requesting counties in Kansas and a bill to expand the income tax credit program for certain qualified adoptions. The most notable taxation bill that has not been passed related to the taxation of newly purchased machinery and equipment. This bill has been on hold in order to measure it’s impact against available revenues that may be necessary for school finance.

Education

The education debate has taken many forms this session and was made more complicated by the recent admission of communication about the pending lawsuit between two Senators and a Kansas Supreme Court Justice. It is also now coming to light that the Governor was aware of the discussions despite her statement earlier that she was shocked and appalled when she heard about the communication. These conversations and allegations aside, the House and Senate are struggling with just how large the funding increase will be, whether to increase LOB authority and how many years into the future any given plan will provide for. An initial House plan contained large increases in funding but also outspent State General Fund (SGF) revenue projections in the final year of the three year plan. Less expensive plans have been tested in the House and Senate including some that could be funded with estimated SGF money, but none has achieved a majority vote in both chambers. Education conferees will continue working until they find a solution.

Eminent Domain

This has become a hot issue this year following the U.S. Supreme Court decision in Kelo vs. New London in which the Court held that your property could be seized using eminent domain for purposes of economic development. It became necessary to limit this authority and protect your property while still allowing the government to acquire property for things like utilities and roads. An amendment was also introduced to use eminent domain to condemn blighted houses used for illegal activity. The amendment failed but the overall bill did receive approval. An interim committee will be appointed to study the blight provision.

Additional Information

If you have any additional information or if you would like to offer your opinions or suggestions regarding these issues or any others that may be coming before the Kansas House, I want to hear from you. Please contact my office by email anthony@repanthony.com during the Legislative session.