Daily Archives: May 14, 2012

Kansas House approves sex and drug bills

TOPEKA — The Kansas House moved today to ease penalties on some small-time drug offenders and to take employers’ addresses off the state sex offender web site.

House Bill 2318 would link the penalties for drug possession to the amount of drugs actually possessed.

Primarily, it would allow judges more discretion when sentencing low-level drug offenders who have a single prior conviction on their record, when they either possess small amounts of drugs for personal use or sell small quantities to support their own drug habit, said Rep. Pat Colloton, R-Leawood, who carried the bill on the floor of the House.

At present, the offenses are considered “presumptive prison” on the state drug-crime sentencing grid. That means a judge who wants to give a lesser sentence has to make and state specific findings to justify a departure from the prison terms in the grid, Colloton said.

Under HB 2318, the offenses would be a “border box” on the grid.

Colloton said that would give judges more of a choice on whether to order prison time for low level repeat drug offenders, or send them to a treatment program if they think that might be more effective in addressing the problem.

In addition to potentially lowering the penalties for minor offenders, the bill would create harsher penalties for large-scale manufacturers and dealers of illegal drugs.

However, Colloton said those sentences are unlikely to come into play since those types of prosecutions are far more likely to be handled at the federal level.

The final vote was 94-23.

Also at Colloton’s urging, the House approved a bill to delete employers’ names and addresses from a state sex-offender web site.

The measure was part of House Bill 2568, written to eliminate unintended consequences from last year’s passage of the Kansas version of the Adam Walsh Child Protection and Safety Act.

The act, named for the murdered son of America’s Most Wanted host John Walsh, mandates strict reporting requirements for sex offenders and that the information from the reports be published by the state in an online database.

Colloton said including work addresses created a problem for businesses that hire ex offenders who have served their time in prison. She said the business people told her they were reluctant to hire those who had committed sexually related crimes, because they did not want their companies and/or addresses listed on the offender database.

The work addresses of sex offenders would still be public information and available on request, she said.

In addition, the bill also removes hospitals from a list of treatment facilities that must report to the state when they admit a registered sex offender.

Colloton said the Via Christi health system in Wichita was among those who requested the change, because as written, the law would require hospitals to background-check all incoming patients for prior sex offenses.

The law was actually aimed at reporting offenders in institutions such as drug- and mental-health treatment facilities and was not intended to burden general hospitals, Colloton said.

She said the attorney general’s office has decided not to enforce the requirement on hospitals for the time being, to give the Legislature time to clarify the law.

The bill passed the House 114-2.

Both bills will now proceed to the governor’s desk.

Negotiators set, then cancel, meeting on tax-cut compromise

Gov. Brownback chats with a lawmaker and a lobbyist in the Statehouse this morning.

UPDATE: Republican Rep. Richard Carlson said that House and Senate negotiators will not meet at their planned time and that the meeting is delayed until further notice.


TOPEKA — House and Senate negotiators plan to meet today to tweak an agreement they reached about a week ago in hopes of sending Gov. Sam Brownback a more palatable bill.

Heading toward Brownback’s desk is a tax-cutting bill that would eliminate nonwage income taxes on 191,000 businesses in the state and lower individual income tax rates. But projections show it could put the state in a $2 billion or more deficit by 2017. Brownback has said he can make it work and that he is prepared to sign it. But he also said he would prefer a bill negotiated by a House-Senate conference committee.

Wichita Republican Sen. Les Donovan said today that the tax conference committee will meet again and make some changes to the proposal that Republican negotiators agreed on. That plan calls for more modest tax cuts: phased in cuts for nonwage business income tax, slightly lower individual income tax cuts and property tax relief. The proposal already shows it would leave a budget surplus through 2017.

Last week, the Senate was about to vote on the negotiated tax plan. But House leaders heard the Senate would kill the bill and quickly approved the larger tax cut bill that senators said they had approved only to allow for negotiations on a tax plan.

House Speaker Mike O’Neal, R-Hutchinson, this morning told House Republicans that he, Senate President Steve Morris and Brownback met this morning and that Morris asked Brownback to veto the tax cut bill awaiting a signature and that, if Brownback vetoes it, the Senate would take up the negotiated tax plan. Brownback reportedly declined.

Brownback today said he wouldn’t comment on private discussions. But he said he wants to lower the top individual income tax bracket below 5 percent and eliminate nonwage income taxes for most businesses.

Brownback’s spokeswoman, Sherriene Jones-Sontag, confirmed that Brownback does not intend to veto the bill.