Health and Human Services Committee

Legislative Session 2010

Who Will I be observing?

I am an intern in Topeka at the State Captiol for Lana Gordon. She serves on several committees including Health

and Human Services, Chairs Economic Development and Education.

Doing study of operations of House Health and Human Services committee comparing HB 2642 and HB 2221.

See and hear several perspectives and opinions Legislators, Lobbyists, taxpayers, my own opinion, I

will interact with legislators and listen to the opinion they express to each other.

What the committee does?

Sets policies for health and environment that affect the entire state.

Sets policies regarding licensure of doctors, optometrists, audiologists, paramedics\

It sets rules and regulations for many different services relating to the health of Kansas citizens

Currently, debating a statewide smoking ban

Importance of Committee

First step in Bill becoming a law In the committee, the bill is put

through hearings, where proponents and opponents of the bill are heard and amendments are possibly made.

The committee votes on it and sends it to the House floor where the bill is rejected or voted upon. It then is sent to the Senate where they vote on it.

How do people find out about Committee Meetings?

Chairwoman Landwehr has ultimate control of what will be heard in the meeting

Committee secretary, Debbie Bartuccio submits agenda a week before Published on the Internet and in the

House Calendar House calendar is available for

viewing on www.kslegislature.org

House Calendar

http://www.kslegislature.org/agstat/2010/ha0311.pdf

Submitting Testimonies

Anyone can present a testimony Lobbyist represent interest groups and

present testimonies Must submit testimony to committee

secretary at least 24 hours in advance of the day they wish to testimony

Must provide at least 35 copies of testimonies to committee secretary by 10:30 am of the day of the hearing to be distributed to committee members and audience members

Committee Agenda

Room Setup Chairman

Vice- Chairman

Podium Where Testimony is heard

Audience Seating

Gray Marks are Microphones

Black boxes are committee members Seating

Health and

Human Services

Committee Meets in Docking

State Office

Building Room 784

Meets Monday through Friday at 1:30 on call of

the Chairman Maximu

m Capacity of Room is 49

Disadvantages of Room Setup Microphone for every 3 people Chairwoman maintains control of room Can’t see everyone Noises in the room such as heater make

it hard to hear Person speaking at podium as back to

audience which makes it harder to heard person speaking

Positions member across from each other and members talk to each other

Committee Members Political

Affiliation Name District Number

District Area

Republican Brenda Landwehr, Chairwoman 91st Wichita Democrat David Crum, Vice Chairman 41st Leavenworth Republican Donohoe 39th Shawnee Republican Gordon 52nd TopekaRepublican Hermanson 96th Wichita Republican Jack 99th AndoverRepublican Mast 76th EmporiaRepublican Morrison 21st ColbyRepublican Otto 9th LeroyRepublican Quigley 17th LenexaRepublican Rhoades 72nd LenexaRepublican Schwab 49th OlatheRepublican Schroeder 74th InmanRepublican Shultz 73rd LindsborgDemocrat Flaharty 98th Wichita Democrat Finney, Ranking Minority Leader 84th Wichita Democrat Furtado 19th Overland ParkDemocrat Mah 53rd TopekaDemocrat Neighbor 18th Shawnee Democrat Slattery 24th MissionDemocrat Trimmer 78th WinfieldDemocrat Ward 88th Wichita Democrat Winn 34th Kansas City

Distribution across Kansas

Members are located in central and Eastern side of state

Issue surrounding the committee

Statewide smoking ban HB 2221 HB 2642 On February 10, 2010 I was able to

hear many testimonies from both sides of HB 2642

Stakeholders

business owners such as bar owners, cigar and tobacco shop owners, and sporting galleries have vested interest in the committee because they do or do not want smoking in their establishment

Legislators because they are backing their own opinions and also interests of constituents

Lobbyists who represent interest groups Health Care workers, physicians, asthmatics Governor is a huge stakeholder because he

can veto the bill that passed to him

Governors Budget Report

http://budget.ks.gov/publications/FY2011/FY2011_GBR_Volume1--updated_2-10-2010.pdf

Governors Budget Report

http://budget.ks.gov/publications/FY2011/FY2011_GBR_Volume1--updated_2-10-2010.pdf

Kansas Taxes

http://skyways.lib.ks.us/ksleg/KLRD/Publications/TaxFactsSupp_2009.pdf

Smoking bans would reduce state and local taxes from Cigarette and Tobacco Sales

Homerule Authority

Some legislators believe smoking ban goes again principle of homerule authority

Homerule Authority is the ability of cities and to make their own power

Representative Scott Schawab, an Olathe

Republican, said in a Topeka Capitol Journal article by David Klepper, “You’re going to be shutting down bars and restrarants that have been in business for decades, (if you implement a statewide smoking ban). At what point has the government gone too far.”

HB 2642

Allow business to be exempt if they paid a $1 per square foot to allow smoking at their establishment

Would do away with many local stricter bans that are currently in place

Would allow smoking in state operated casinos Was tabled and not passed out of committee

did not go to fully house committee Popular among lawmakers because its lets

businesses keep some of their rights

Proponents of HB 2642

Father H. Setter of All Saints Catholic Church in Wichita and Chaplain of International Premium Cigar and Pipe Retails Association believes that: “Because HB 2642 is a compromise plan, it includes

an exemption for my cigar diner which is the sole source of monies I give to local charities. Since tobacco products are still legal in country, business owners need to have their rights protected in order to continue offering their customers a venue to smoke if that’s is their decision as a business owner, providing they follow age restrictions regarding tobacco products.”

Opponents of HB 2642

Stanley Watt, Chairman of Clean Air Manhattan and former member of Kansas Lung Association “The fairest legislation is one that is equal across the board

with no exemptions, giving no advantage or disadvantage to one business over another. The idea of allowing a business to “buy” their way out of this legislation by paying a fee is absurd and unfair to small business. The people of Manhattan, Salina, Emporia, Lawrence, and Overland Park want comprehensive and complete indoor smoking ordinance. Not one like HB 2642, which is so watered down it, is ineffective. Don’t undermine the will of the citizens of Kansas. Follow the lead of the State of Iowa and eliminate HB 2642 and give the State of Kansas a complete and comprehensive ban on indoor smoking.”

HB 2221, Kansas Indoor Clean Act

Was passed on February 25 with a 68-54 vote in the House and passed last yr. in the Senate

Would make smoking illegal in: Public Places, taxicabs, common area in multiple-

residential facilities, at least 80% of hotels need to be smoke-free, any place of employment

Will be allowed in state owned casinos, gaming floor

Portion of adult care home that is fully ventilated Will go into effect July 1st.

HB 2221 Passage Process

Lawmakers wanted the bill to pass faster than usual and were tried of it being tabled in committee

Used a rare procedural move called a motion to concur Senate bill wasn’t subject to normal

committee process Chairwoman Landwehr said, “The Senate

version was flawed because it prohibited smoking in private businesses while allowing it in state-authorized casinos.”

Opponents of HB 2221

Representative Arlen Siegfield, Speaker Pro Tem, said that, “We need to send this bill back and tell the proponents if they are serious, bring the bill back to us without the ridiculous exemptions.”

Chairman Brenda Landwehr, believed the exemptions has misled people. “The people from my perspective have been deceived, she said. They have been misled.”

Proponents of HB 2221

Rep Jill Quigley, a nurse said that “If you care about improving the health of Kansans, this is the most important vote you can make this year, perhaps in your legislative career.”

Representative Charles Roth urged voters to vote yes he said, “You are making a legacy vote today in Kansas to let all Kansans breathe clean air.”

Key Points of HB 2221 and HB 2642

Infringe upon business owners rights Pass because Health of KS citizens

important Keep statewide ban up to local

decision of homerule authority Smoking ban may possibly reduce

state tax revenues Exemptions have misled people Rights of citizens at stake

You have right not to enter a business

Mason's Manual of Legislative Procedure

Procedure used in committee and House floor

Able to submit bill without a seconded motion

Manual covers motions, procedures, vote requirements, etc. applicable to legislatures. It includes the rules of order, principles, precedents, and legal basis behind parliamentary law

Make it easier for public to understand what is going on

Neutrality in Committee hearings

Neutrality is sometimes as issue because legislators insert their own opinions and fight for their constituents rights

Audience members cannot participate unless directly called upon

Committee members ask questions to people presenting testimony once called upon Usually ask open ended questions for

clarification of presenters point

What I have learned?

Learned more about the legislative process How committee function and how a bill

is passed Gained research tools necessary to

keep up Kansas Politics and learn about important issues that affect me and other KS citizens

Everyone should take part in committee process and understand that legislators are trying to do good and not harm like everyone thinks.