A Legislative Report for Kansas Children’s Service League 2013 Legislative Session: Week Five (February 11 - 13) Raffles – Legal or Not?....Raffles and their legality in Kansas have been under discussion this week in the Statehouse. Some contend they are legal as long as you don’t require the purchase of a ticket to participate -- participants are given the opportunity to donate to win a prize, but, if they chose, can also receive a ticket just by asking. Others believe that raffles are illegal regardless of donation language. Because of this ambiguity, some organizations have opted to avoid raffles altogether and not chance a violation of the law. Because many of these groups look to raffles to fund part of their expenses, raise money for a particular need or help someone in a crisis situation, two legislators are making an effort to better define raffles and how groups can legally hold a raffle in Kansas. Rep. Brian Weber, R-Dodge City, introduced a Constitutional Amendment, HCR 5009, in the House. That bill was referred to the House Federal and State Affairs and scheduled for hearing this week, but the committee chair expressed concern that the language in the bill was too broad and could potentially impact other areas of gaming in the state. The hearing was cancelled. At the same time, Sen. Jacob LaTurner, R-Pittsburg, introduced SB 148 which says, as amended, “Any nonprofit corporation may conduct a raffle if the fair market value of the raffle item is not greater than $5,000.” Additionally, “The gross proceeds shall be used solely for charitable or community betterment purposes, awarding of prizes and expenses. Any nonprofit corporation may conduct one or more raffles in a calendar month if the fair market value of the raffle item does no exceed $5,000 during such month.” KCSL testified in support of this bill in Senate Federal and State Affairs Committee on Thursday. The chairman has requested additional amendments, but says he will work the bill. Federal and State members considering this bill are: Senators Ralph Ostmeyer, Chrm., R-Grinnell; Jay Emler, Vice Chrm., R-Lindsborg; Oletha Faust-Goudeau, Ranking Minority, D-Wichita; Tom Holland, D-Baldwin City; Mitch Holmes, R-St. John; Jacob La Turner, R-Pittsburg; Jeff Longbine, R-Emporia; Rob Olson, R-Olathe; and Caryn Tyson, R-Parker. KCSL Testified on Access to Child Death Information.. .. KCSL was one of four conferees testifying in support of SB 77 on Tuesday, February 12 in the Senate Judiciary Committee. This proposed legislation would allow the Child Death Review Board to increase the availability of information about child deaths to researchers. No one testified in opposition. We are not certain when the Committee will work the bill. Anti-Bullying Bills Receive Hearings... Vicky Roper testified in support of HB 2222 in the House Education Committee on Tuesday, February 12. The intent of this bill is to ensure that Kansas bullying statutes are interpreted as applying to cases where teachers bully students. KCSL provided informational testimony about nationally recognized key components of bullying legislation and which elements are addressed in Kansas law. On Tuesday, February 19, KCSL will be testifying in support of SB 137, which would make additional improvements to the existing bullying statute. Children’s Internet Protection Act Under Discussion….Kansas schools and libraries would join 25 other states if SB 104, the Kansas children’s internet protection act, is approved. The bill calls for the implementation and enforcement of technology protection measures “to ensure that no minor has access to visual depictions that are child pornography, harmful to minors or obscene.” A similar bill passed the House by a substantial majority several years ago, but was never heard in the Senate. During a hearing this week in Senate Education, former Representative Becky Hutchins spoke in favor of the bill along with representatives from the Kansas National Education Association, Americans for Family Action and a private citizen. While there were no opponents who appeared before the committee at the Wednesday meeting, several committee members expressed concern at the high price tag – just over $500,000. The amount was provided by the State Library and noted there would be a need to hire additional personnel to install, maintain and oversee the software in addition to the purchase of the software subscription. Members of the Senate Education Committee considering this legislation are: Senators Steve Abrams, Chrm., R-Arkansas City; Tom Arpke, Vice Chrm., R-Salina; Anthony Hensley, Ranking Minority, D-Topeka; Dan Kerschen, R-Garden Plain; Jeff Melcher, R- Leawood; Ralph Ostmeyer, R-Grinnell; Pat Pettey, D-Kansas City; Dennis Pyle, R- Hiawatha; Vicki Schmidt, R-Topeka; Caryn Tyson, R-Parker; and Kay Wolf, R-Prairie Village. “Read to Succeed” Proposal Introduced… SB 169 was introduced on February 13 and has been scheduled for hearing in the Senate Education Committee on February 15, 2013. This is the enabling legislation for Governor Brownback’s fourth grade reading readiness initiative. The program would provide for state grants to develop research- based interventions and strategies to assist pupils acquire reading skills for kindergarten and grades one through three to prevent pupils from being retained in grade three because they are unable to read, and to provide education and training in those interventions to teachers in rural communities. KCSL will be testifying in support of this bill on Thursday, with suggestions that would help level the playing field for nonprofit entities competing for grants the bill would provide. Bills to Watch….Bills introduced to date of interest to KCSL include: SB 61: Concerning crimes, punishment and criminal procedure; relating to human trafficking victims assistance fund; creating the crime of commercial sexual exploitation of a child; relating to selling sexual relations; promoting sexual relations, buying sexual relations, children in need of care, staff secure facilities (Judiciary) 2/7 Passed Senate, 38-0; Referred to Corrections and Juvenile Justice SB 66: Requiring the collection and publication of district attorney criminal and juvenile offender caseload data (Judiciary) Hearing 2/19 SB 77: Concerning the state child death review board (Judiciary) Hearing 2/12 SB 78: Retention of 6.3% sales tax rate, reduction in individual income tax rates and elimination of some deductions (Assessment & Taxation) Recommended passed as amended SB 88: Increasing the children’s advocacy center assessment fee (Judiciary) Hearing 2/18 SB 103: School district; redefining at-risk pupil (Education) Hearing, possible action 2/12 SB 104: Creating the Kansas children’s internet protection act (Education) Hearing, possible action 2/13 SB 105: School districts; bullying policies (Education) SB 137: School districts; adoption of plan to address bullying (Education) Hearing 2/19 SB 148: Raffles; regulation; administration of charitable gaming, department of revenue ((Federal and State) Hearing 2/14 SB 149: Drug screening for recipients of cash assistance and unemployment benefits (Commerce) Committee action scheduled 2/22 SB 159: Relating to reporting abuse, neglect or exploitation of certain persons (Public Health and Welfare) SB 169: Enacting the Kansas Reads to Succeed Act (Education) (Hearing 2/21) HB 2008: Amending the statute of limitations for prosecution of sexually violent offenses where the victim is under 18 years of age (Corrections and Juvenile Justice) HB 2045: Imposing school attendance and minimum grade point average requirements upon certain drivers (Transportation) HB 2088: Concerning appropriations for fiscal years ending June 30 2012, June 30 2013, June 30 2014 and June 30 2015 for state agencies (Appropriations) HB 2144: Repealing unnecessary statutes relating to juveniles (Judiciary) Hearing 2/18 HB 2157: Licensure of dental practitioners (Health and Human Services) HB 2188: Open Records Act; not-for-profit organization; amendments (Judiciary) Hearing 2/12 HB 2205: Adoption hearings; time and waiver of notice (Judiciary) Hearing 2/13 HB 2208: Juvenile Justice Authority; new community based services and residential care (Corrections and Juvenile Justice) Hearing 2/19 HB 2222: School districts: bullying policies (Education) HB 2233: Enacting the Protective Parent Reform Act (Children and Seniors) ERO 42: Transferring the facilities and programs administered by the Juvenile Justice Authority to the Department of Corrections (House – Corrections and Juvenile Justice; Senate – Judiciary) Corrections and Juvenile Justice moved to not disapprove 2/6 HCR 5009: Constitutional amendment dealing with raffles, non-profit organizations (Federal and State) Hearing 2/12m-- CANCELLED Week Six Meetings of Interest…. Monday, Feb. 18: 9:00 a.m. Appropriations – 112-N Subcommittee report on Juvenile Justice Authority 10:30 a.m. Senate Judiciary – 346-S SB 88: Increasing the children’s advocacy center assessment fee 3:30 p.m. House Judiciary – 112-N HB 2144: Repealing unnecessary statutes relating to juveniles 3:30 p.m. Ways and Means Sub on Corr. & Juv Justice -- 548-S Juvenile Justice Authority budget Tuesday, Feb. 19: 7:15 a.m. Ways and Means Sub on Corr. & Juv Justice -- 548-S Juvenile Justice Authority budget 10:30 a.m. Senate Judiciary – 346-S SB 66: Collection and publication of district attorney criminal and juvenile offender caseload data 1:30 p.m. Senate Education – 144-S SB 137: School districts; adoption of plan to address bullying 1:30 p.m. Corrections and Juvenile Justice – 152-S HB 2208: Juvenile Justice Authority; new community- based services and residential care Wednesday, Feb. 20: 7:15 a.m. Ways and Means Sub on Corr. & Juv Justice -- 548-S Juvenile Justice Authority budget Thursday, Feb. 21: 7:15 a.m. Ways and Means Sub on Corr. & Juv Justice -- 548-S Juvenile Justice Authority budget 1:30 p.m. Senate Education – 144-S SB 169: Enacting the Kansas Reads to Succeed Act Friday, Feb. 22: 8:30 a.m. Senate Commerce – 548-S SB 149: Drug screening for recipients f cash assistance and unemployment benefits For additional information, please contact Jennie Rose at [email protected] or Trudy Racine at [email protected] .