From the Office of Senator Ralph Ostmeyer _Kansas
Found this interesting if you are all following on what's going on with in the state.
From the Office of Senator Ralph Ostmeyer
January 25, 2016
Information to Note:
CARR BROTHERS DEATH SENTENCES UPHELD
The Supreme Court of the United States ruled 8-1 that the Kansas Supreme Court Justices unjustly overturned the death sentences of the nefarious Carr brothers.
Reginald and Johnathan Carr committed atrocious crimes of rape, robbery, kidnaping, and murder in Wichita, in the winter of 2000. In 2002, the two were tried jointly and both were sentenced to death. However, in 2014 the Kansas Supreme Court ruled that the cases should have been separated, therefore the verdicts were deemed invalid. Additionally the lower court ruled that the jury was uninformed of the mitigating factors, which included the details of the abusive and traumatic childhood that the brothers experienced. Nonetheless, the United States Supreme Court struck down the 2014 decision to overturn their sentences. The ruling also upheld the death sentence of Sidney Gleason, who committed a double murder in Great Bend in 2004. Congressman Mike Pompeo responded to the decision by stating “I continue to be dismayed at how the Kansas Supreme Court places its political agenda above the rule of law.”
MARCH FOR LIFE AT KANSAS STATEHOUSE
This morning on the anniversary of Roe v. Wade, the Kansas Court of Appeals ruled 7 to 7 that the Kansas Constitution protects abortion rights. With the decision, the legislature’s ban on particular abortion procedures, which was signed into law in 2015, is to be halted.
The Court will rule on the constitutionality of the protections granted under the law, and if the law undermines personal liberties of Kansans. Other pro-life legislation approved in years past could potentially be subject to the Judicial Branch’s rulings as well.
OIL & GAS INDUSTRY UPDATE
Ed Cross of the Kansas Independent Oil and Gas Association provided the Senate Utilities Committee with an update on the Oil and Gas Industry in Kansas. He spoke specifically about the effect of lower oil prices and stressed that the strength of the United States Dollar
was partially to blame and that cheaper oil is does not augment the national or state economies. While prices are cheaper on the average taxpayer, it does not compensate for the layoffs made by companies and the declining production of oil. In 2015, barrels produced fell 5.5% and Cross expects this to linger. He asserted that OPEC and the Saudis are pushing a political agenda at the expense of the American consumer. It is anticipated that oil prices will stay low for a long period of time and most companies do not expect drilling to be profitable until 2017.
Oil prices are expected to be lower for longer due to an imbalance in global supply and demand for oil.
OSOWATOMIE STATE HOSPITAL
The Osawatomie State Hospital was the subject of yesterday’s joint committee meeting. Interim Secretary of the Kansas Department for Aging and Disability Services (KDADS), Tim Keck, highlighted the staffing issue at the hospital and acknowledged the problem. Numerous legislators articulated their concern about the 6-8 week hiring process of new staff members, while the current staff is working beyond overtime. The interim secretary stated that he hopes to see the issue resolved and become “streamlined”. Commissioner Rein, legal counsel to the department, told the joint committee that the biggest problem at our state hospital isn’t money, but positions and people. Keck unveiled the plan of working with a consultant who will propose solutions to the issues Osawatomie has been facing, with the contract being finalized in February. He is hopeful, but stated that the improvement will not happen immediately. Also, it is the department’s plan to continue to work with the 146 patients they have now, use the sixty beds available and to utilize the CMS certified component of the hospital in the near future. The Kansas Department for Aging and Disability Services also announced on Thursday that it will seek Medicare recertification for the Osawatomie State Hospital following a decision by CMS to halt payment to the hospital.
KDOT AGENCY OVERVIEW
Secretary King provided the Senate Transportation Committee with an overview and update on the Kansas Department of Transportation. He explained that the T-WORKS program is multimodal and utilizes a comprehensive approach when addressing transportation issues. Sec. King spoke about the wide array of transportation and spoke about recent accomplishments:
AVIATION – In the last 4 years, Kansas has made improvements to 92 airports
FREIGHT – Over the past 5 years, Kansas has invested or loaned $26 million to make key improvements to short-line rail
AMTRAK – Amtrak’s Southwest Chief had a record year in 2015 with 367,000 passengers
HIGHWAYS – Construction Lettings in 2015 were $669 million and $644 million for 2016.
Secretary King stated that T-WORKS has completed 2,230 projects, 9,645 miles and repaired 633 bridges. The Secretary also addressed the bonding issue and said that when T-WORKS began, it was projected that it would take $1.7 billion in bonding to complete T-WORKS.
KDOT issued $325 million of bonds in 2010, $200 million in 2012, $250 million in 2014 and most recently $400 million, which is $1.175 billion in bonds or about $600 million less than originally projected. Sec. King indicated they did have to exceed the 18% bonding cap, which was why the legislature suspended the cap last session. He noted that KDOT will be around 15% bonding by FY 2018.
Regarding the Kansas Turnpike Authority, King mentioned the agency is exploring the option of removing gates in order for traffic to flow more freely through toll booths.
CORRECTIONS:
Omnibus Marijuana bill (HB 2049) - The Senate Corrections Committee devoted two meeting days to HB 2049, which proposes the following:
Lessening the penalty for first and second marijuana possession convictions
Authorizing the use of hemp oils to treat seizures (less than 3% THC, the intoxicating chemical in cannabis)
Create a research program to investigate industrial hemp
Several parents testified on behalf of their children who suffer from constant seizures, in an effort to provide them with alternative treatments. Some of the children have been diagnosed with very severe forms of epilepsy that can cause hundreds of seizures daily. Ed Klumpp of the Kansas Association of Chiefs of Police noted there has not been a proven reduction of seizures for individuals using hemp oils, the American Epilepsy Society has claimed that 13% of patients actually got worse, and there is simply a lack of research on hemp and its effects. Other opponents echoed Klumpp’s points while some stated that the bill was not “good enough” and ought to allow legalization of other substances.
The current penalties for the possession of marijuana are simple: first offense is a class A misdemeanor, and the second is a level 5 felony. The bill lessens the first offense to a class B misdemeanor, the second to a class A misdemeanor, and the third to a level 5 felony. The executive director of the Kansas Sentencing Commission stated that the change of penalty would ultimately save prison beds, and estimates savings would add up to $763,000 annually. He also stressed that felons are unable to vote, unable to possess firearms, and have difficulty finding employment. Most opponents to the bill, including a representative from the Kansas Bureau of Investigation, argued that such a change would create a new definition of cannabis and “creates a concern for the law enforcement community”.
This bill is scheduled for Final Action in the Corrections and Juvenile Justice Committee on Tuesday, January 26th.
From the Office of Senator Ralph Ostmeyer
January 25, 2016
Information to Note:
CARR BROTHERS DEATH SENTENCES UPHELD
The Supreme Court of the United States ruled 8-1 that the Kansas Supreme Court Justices unjustly overturned the death sentences of the nefarious Carr brothers.
Reginald and Johnathan Carr committed atrocious crimes of rape, robbery, kidnaping, and murder in Wichita, in the winter of 2000. In 2002, the two were tried jointly and both were sentenced to death. However, in 2014 the Kansas Supreme Court ruled that the cases should have been separated, therefore the verdicts were deemed invalid. Additionally the lower court ruled that the jury was uninformed of the mitigating factors, which included the details of the abusive and traumatic childhood that the brothers experienced. Nonetheless, the United States Supreme Court struck down the 2014 decision to overturn their sentences. The ruling also upheld the death sentence of Sidney Gleason, who committed a double murder in Great Bend in 2004. Congressman Mike Pompeo responded to the decision by stating “I continue to be dismayed at how the Kansas Supreme Court places its political agenda above the rule of law.”
MARCH FOR LIFE AT KANSAS STATEHOUSE
This morning on the anniversary of Roe v. Wade, the Kansas Court of Appeals ruled 7 to 7 that the Kansas Constitution protects abortion rights. With the decision, the legislature’s ban on particular abortion procedures, which was signed into law in 2015, is to be halted.
The Court will rule on the constitutionality of the protections granted under the law, and if the law undermines personal liberties of Kansans. Other pro-life legislation approved in years past could potentially be subject to the Judicial Branch’s rulings as well.
OIL & GAS INDUSTRY UPDATE
Ed Cross of the Kansas Independent Oil and Gas Association provided the Senate Utilities Committee with an update on the Oil and Gas Industry in Kansas. He spoke specifically about the effect of lower oil prices and stressed that the strength of the United States Dollar
was partially to blame and that cheaper oil is does not augment the national or state economies. While prices are cheaper on the average taxpayer, it does not compensate for the layoffs made by companies and the declining production of oil. In 2015, barrels produced fell 5.5% and Cross expects this to linger. He asserted that OPEC and the Saudis are pushing a political agenda at the expense of the American consumer. It is anticipated that oil prices will stay low for a long period of time and most companies do not expect drilling to be profitable until 2017.
Oil prices are expected to be lower for longer due to an imbalance in global supply and demand for oil.
OSOWATOMIE STATE HOSPITAL
The Osawatomie State Hospital was the subject of yesterday’s joint committee meeting. Interim Secretary of the Kansas Department for Aging and Disability Services (KDADS), Tim Keck, highlighted the staffing issue at the hospital and acknowledged the problem. Numerous legislators articulated their concern about the 6-8 week hiring process of new staff members, while the current staff is working beyond overtime. The interim secretary stated that he hopes to see the issue resolved and become “streamlined”. Commissioner Rein, legal counsel to the department, told the joint committee that the biggest problem at our state hospital isn’t money, but positions and people. Keck unveiled the plan of working with a consultant who will propose solutions to the issues Osawatomie has been facing, with the contract being finalized in February. He is hopeful, but stated that the improvement will not happen immediately. Also, it is the department’s plan to continue to work with the 146 patients they have now, use the sixty beds available and to utilize the CMS certified component of the hospital in the near future. The Kansas Department for Aging and Disability Services also announced on Thursday that it will seek Medicare recertification for the Osawatomie State Hospital following a decision by CMS to halt payment to the hospital.
KDOT AGENCY OVERVIEW
Secretary King provided the Senate Transportation Committee with an overview and update on the Kansas Department of Transportation. He explained that the T-WORKS program is multimodal and utilizes a comprehensive approach when addressing transportation issues. Sec. King spoke about the wide array of transportation and spoke about recent accomplishments:
AVIATION – In the last 4 years, Kansas has made improvements to 92 airports
FREIGHT – Over the past 5 years, Kansas has invested or loaned $26 million to make key improvements to short-line rail
AMTRAK – Amtrak’s Southwest Chief had a record year in 2015 with 367,000 passengers
HIGHWAYS – Construction Lettings in 2015 were $669 million and $644 million for 2016.
Secretary King stated that T-WORKS has completed 2,230 projects, 9,645 miles and repaired 633 bridges. The Secretary also addressed the bonding issue and said that when T-WORKS began, it was projected that it would take $1.7 billion in bonding to complete T-WORKS.
KDOT issued $325 million of bonds in 2010, $200 million in 2012, $250 million in 2014 and most recently $400 million, which is $1.175 billion in bonds or about $600 million less than originally projected. Sec. King indicated they did have to exceed the 18% bonding cap, which was why the legislature suspended the cap last session. He noted that KDOT will be around 15% bonding by FY 2018.
Regarding the Kansas Turnpike Authority, King mentioned the agency is exploring the option of removing gates in order for traffic to flow more freely through toll booths.
CORRECTIONS:
Omnibus Marijuana bill (HB 2049) - The Senate Corrections Committee devoted two meeting days to HB 2049, which proposes the following:
Lessening the penalty for first and second marijuana possession convictions
Authorizing the use of hemp oils to treat seizures (less than 3% THC, the intoxicating chemical in cannabis)
Create a research program to investigate industrial hemp
Several parents testified on behalf of their children who suffer from constant seizures, in an effort to provide them with alternative treatments. Some of the children have been diagnosed with very severe forms of epilepsy that can cause hundreds of seizures daily. Ed Klumpp of the Kansas Association of Chiefs of Police noted there has not been a proven reduction of seizures for individuals using hemp oils, the American Epilepsy Society has claimed that 13% of patients actually got worse, and there is simply a lack of research on hemp and its effects. Other opponents echoed Klumpp’s points while some stated that the bill was not “good enough” and ought to allow legalization of other substances.
The current penalties for the possession of marijuana are simple: first offense is a class A misdemeanor, and the second is a level 5 felony. The bill lessens the first offense to a class B misdemeanor, the second to a class A misdemeanor, and the third to a level 5 felony. The executive director of the Kansas Sentencing Commission stated that the change of penalty would ultimately save prison beds, and estimates savings would add up to $763,000 annually. He also stressed that felons are unable to vote, unable to possess firearms, and have difficulty finding employment. Most opponents to the bill, including a representative from the Kansas Bureau of Investigation, argued that such a change would create a new definition of cannabis and “creates a concern for the law enforcement community”.
This bill is scheduled for Final Action in the Corrections and Juvenile Justice Committee on Tuesday, January 26th.
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