2010 Legislative Platform, Sedgwick County, Kansas

Sedgwick County > Communications > 2010 Legislative Platform

525 N. Main #315 ▪ Wichita, KS 67203 ▪ Tel: (316) 660-9370
Marv Duncan or Kristi Zukovich

2010 Legislative Platform

Legislative Priorities

Legislative priorities are issues of primary importance to Sedgwick County and may involve the county introducing legislation and/or taking the lead on guiding such legislation through the legislative process. The following are the legislative priorities for Sedgwick County for the 2010 Legislative Session:

Transportation

Affordable Airfares for Kansas. South Central Kansas serves as a business, entertainment, and transportation hub to approximately two thirds of the state. It is also the home of the state’s largest commercial airport, Wichita Mid-Continent Airport. Legislation passed that provided $25 million over five years to keep Mid-Continent airfares low. An analysis conducted in 2008 by Wichita State University’s A 2008 analysis by Wichita State University’s Center for Economic Development & Business Research concluded that this program has returned $5.25 of fiscal benefit to the state government for each $1 allocated by the Legislature. (Chris Chronis/CFO, ext. 7130; Mike Pepoon/County Counselor ext. 9340)

Support maintaining Special City/County Highway Fund. Sedgwick County supports the continued funding of the Special City/County Highway fund. This fund was created over 25 years ago to prevent the deterioration of city and county roads and streets. (Jim Weber and David Spears/Public Works, ext. 383-7901)

Support Comprehensive Transportation Program (CTP). Sedgwick County continues to urge the Legislature to support this program conditioned upon the additional funding not coming at the expense of reductions or capping in state revenue sharing to local units of government. These funds would be used on improvement projects such as:

Obtaining right-of-way for the Northwest bypass
I-235 and Kellogg interchange
I-235, I-135, K-254 North Junction interchange

Any new transportation plan must provide for the statewide transportation needs across all of Kansas. The next plan should not be primarily focused upon one region. (Irene Hart/Community Development, ext. 9862; David Spears/Public Works, ext. 383-7901)

Economic Development

Preserving Sedgwick County’s Statewide Homeownership Program. The Counties of Sedgwick and Shawnee have co-issued this single-family revenue bond program for nearly 20 years. This program has provided home buying options across the state of Kansas for first time homebuyers of limited financial means. There have been attempts during past legislative sessions to create a statewide homeownership program to be operated by the state of Kansas. Sedgwick County opposes legislation that would create a new state bureaucracy. (Irene Hart/Community Development, ext. 9862)

Public Safety

Kansas State Judicial District Courts. It is in the best interest of the safety and wellbeing of Sedgwick County for the Kansas State Judicial budget to be fully funded to a level not requiring any closures or furloughs during the coming year. (Judge James Fleetwood, ext. 5611, Ellen House, Court Administrator, ext 5801)

Kansas State Judicial District Courts - Public Defender. To assure fair, equitable and timely due process and to avoid adding to jail overcrowding, Sedgwick County opposes reductions in Judicial District Court Public Defenders funding. (Judge James Fleetwood, ext. 5611, Ellen House, Court Administrator, ext 5801)

Jail Overcrowding. Sedgwick County supports legislative efforts to ease overcrowding in the Sedgwick County jail and opposes efforts by the State Department of Corrections to shift inmates that belong in the state correctional system to county jails. This problem has posed a significant financial burden in recent years because of suspended or delayed payments to counties for the housing of state prisoners. (Bob Lamkey/Public Safety, ext 4955; Robert Hinshaw/Sheriff, ext. 3900)

Holding Kansas Department of Corrections’ (KDOC) Short-Timers in Local Jails. Sedgwick County opposes KDOC initiative to require jail inmates (typically parole violators) with less than 20 days to serve their remaining time in our county jail when detained population exceeds 100% of rated capacity. Any additional burden imposed by the state, albeit reimbursed, creates undue population management, transportation and logistics costs for the county. Sedgwick County could support retaining short term KDOC inmates in local jails if there was a language modification allowing the Secretary of Corrections to authorize early release of short-term KDOC inmates in county jails whose total housed inmate count meets or exceeds 100% of rated capacity. (Bob Lamkey/Public Safety, ext 4955; Robert Hinshaw/Sheriff, ext. 3900)

Special Kansas Public Employees Retirement System (KPERS) Fund for Detention Officers. Sedgwick County supports carefully evaluating the benefits to employees and the cost to employers of a new category of retirement in KPERS that would give detention officers retirement benefits that are similar to state correction officers. This legislation would give counties the option of using this retirement plan to attract and maintain applicants in this difficult career field. (Robert Hinshaw/Sheriff, ext. 3900; Mark Masterson/Corrections, ext. 7014; Chris Chronis/CFO, ext. 7130)

Offender Registration. Sedgwick County opposes legislation that expands offender registration without additional state funding. (Robert Hinshaw/Sheriff, ext. 3900)

Driving Under the Influence (DUI) Laws. Sedgwick County supports legislation that would send felony DUI offenders to state prisons. (Robert Lamkey/Public Safety, ext.
4955)

Extend Current E911 Law. Sedgwick County supports the proposed legislation prepared by the League of Kansas Municipalities (LKM) and Kansas Association of Counties (KAC) which brings both the Wireless 911 Fee and the Hardwire 911 Fee to a uniform $0.65 per line per month. The distribution would be $0.10 to the grant fund and $0.55 would go to the local Public Safety Answering Point (PSAP). The grant monies would be used to support Kansas PSAP’s updating for Next Generation 911 services. The impact on Emergency Communications would be an increase of approximately $250,000 annually versus the current statutes which impact the department by a negative $1,200,000 annually. (Diane Gage/Emergency Communications, ext. 4977)

Oppose Consolidation of Correctional Field Services. Sedgwick County opposes any statewide mandate to consolidate correctional field services. The Kansas Sentencing Commission periodically considers introducing legislation that would create a new state agency to administer correctional field services. Sedgwick County supports the current system that allows local communities to decide whether to consolidate or not. (Mark Masterson/Corrections, ext. 7014)

General Government

General:

Eminent Domain. Sedgwick County supports use of eminent domain for public use projects only, where all other means are not feasible. Sedgwick County would retain the ability to sell land condemned not needed for infrastructure improvements. Sedgwick County opposes any strengthening of eminent domain powers that is used for private economic development land acquisition purposes. (Richard Euson/County Counselor, ext. 9340; David Spears/Public Works, ext. 383-7901)

Annexation. There has been recent legislation that would have required all unilateral annexations by a city to be approved by the Board of County Commissioners (BOCC) before being effective. Sedgwick County would not support legislation that would have the BOCC approve all such unilateral annexations. Sedgwick County opposes municipal land annexations that negatively impact other taxing jurisdictions, such as Sedgwick County’s Fire District 1. (Robert Parnacott/County Counselor, ext. 9340; David Spears/Public Works, ext. 383-7901)

Support County Home Rule. Sedgwick County strongly supports county home rule which has been afforded to counties by state law since 1974. Local governments should be allowed the largest measure of self-governance based on the belief that government closest to the people is the government which governs best. Sedgwick County opposes legislation that would preempt a county’s home rule authority and supports legislation broadening county home powers, including constitutional home rule. (Richard Euson/County Counselor, ext. 9340)

Support Maintaining Open Government. Sedgwick County supports open government and open access to public records. Exceptions are needed and important, for a number of sound public policy reasons, including safeguarding the privacy of citizens conducting business with the county and allowing for the effective transaction of county business. (Richard Euson/County Counselor, ext. 9340)

Support Maintaining Exemptions in Open Meeting Laws. Sedgwick County supports open government and access to public meetings equally among all levels of government in Kansas, but the current exceptions that allow for executive sessions should be maintained. Sedgwick County is opposed to requiring the taping of executive sessions.(Richard Euson/County Counselor, ext. 9340)

Oppose Unfunded State Mandates. Sedgwick County opposes any action by the Legislature that creates an unfunded mandate on counties and our citizens. If the state deems it necessary to control or manage how counties operate, then sufficient funds should be provided to meet the cost of imposing such requirements on counties. (Chris Chronis/CFO, ext 7130)

Oppose Restrictions on County Management of Right-of Ways. Local government should not be restricted from managing public rights-of-way in its best interest and for the protection of its citizens. Sedgwick County opposes any attempt to restrict counties’ authority in public rights-of-way, and expressly supports legislation allowing counties the ability to enter into franchise agreements with and collect franchise fees from all businesses that place infrastructure in county-owned rights of way. (Jim Weber and David Spears/Public Works, ext. 383-7901)

Taxes:

County Sales Tax. Sedgwick County supports legislation that gives counties the same sales tax options as cities. (Chris Chronis/CFO, ext. 7130) Support Alternative Taxing Authority. Sedgwick County supports legislative initiatives that will give counties the responsibility to fund their operations with local revenues, and will give them the authority to select from a variety of funding sources that have the greatest local support. (Chris Chronis/CFO, ext 7130)

Environmental:

Solid Waste Management. Sedgwick County opposes any restrictions to a county’s authority to manage its solid waste through an effective planning and management system. (Susan Erlenwein/Environmental Resources, ext. 7205)

Health

Support Maternal Child Health Initiatives by Local Health Departments. Sedgwick County supports efforts and funding that increase the health of expectant mothers and their babies. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Support Measures to Increase Access to Healthcare. Sedgwick County supports local policies and programs that increase access to healthcare. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Support Statewide Tobacco Control. Sedgwick County supports comprehensive clean indoor air legislation that considers the impact upon property right of individuals. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Support Expanded Cancer Screenings. Sedgwick County supports adequate funding to support screenings for breast, cervical, prostate and colon cancer through expansion of the early detection works (EDW) program. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Human Services

Mental Health:

Reject the Kansas Health Policy Authority Recommendation for a Preferred Drug List (PDL) for Mental Health Consumers. Advocate for allowing mental health consumers to continue medications off the PDL so physicians are able to prescribe needed medications. The current system reduces their symptoms, rather than resorting to medications that are less expensive and less effective. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Advocate for a Sufficient Number of State Hospital Beds. The state hospital (Osawatomie State Hospital) has been considerably over census many times this year for mental heath admissions. Sedgwick County maintains that the state must define the future role of the state hospital system, develop a system of regional state-operated inpatient units and insure adequate reimbursement for inpatient units. Sedgwick County also proposes that SRS evaluate and fund safe transportation for mental health consumers to state psychiatric facilities to ease the staff and financial burden now placed on counties. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Support Mental Health Programs Funded by the Children’s Initiative. Continuation of the children’s serious emotional disturbances waiver, parent support services, violence prevention services and therapeutic services to preschoolers are covered under this funding which needs to be continued but is at risk each year. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

The county supports amending K.S.A. 76-374 to include psychiatric residencies in the KU Medical Student Loan and Scholarship Program. This scholarship and loan repayment program is not currently open to psychiatric residents and would benefit Sedgwick County and the state as a whole as more train to become psychiatric practitioners. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Developmental Disabilities:

Support State Funding for Mentally Retarded and/or Developmentally Disabled Citizens with Challenging Behavior. More than 2,000 people in Sedgwick County are currently eligible to receive support and services through the Developmental Disabilities service system. While the vast majority of those individuals can be supported with typical community programs, perhaps as many as five percent engage in severe violent and destructive behaviors that place them and others around them at risk of harm. There continues to be a need for specialized support for individuals whose behavior makes it difficult or impossible to serve them safely in traditional community programs. (Chad VonAhnen/CDDO, ext. 7648; Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Aging:

Support Continued Full Funding of Home and Community Based Services for the Frail Elderly (HCBS-FE) waiver in FY 2010 and FY 2011. The HCBS-FE waiver program prevents the premature institutionalization of Kansas’ senior population. Senior services should be based on the functional needs of the senior. By keeping seniors in the community as long as possible, last year the waiver program saved the state 60 percent over the cost of institutional care. (Annette Graham/Aging, ext. 5221; Deborah Donaldson/Human Services, ext. 7671)

Support Full Funding of the Senior Care Act. This program provides in-home services for seniors age 60 and older who meet the qualifications for nursing home level of care but choose to remain in the community. This service assists seniors to remain in the community and delay or prevent premature institutionalization. (Annette Graham/Aging, ext. 5221; Deborah Donaldson/Human Services, ext. 7671)

Support the Promotion of Employment Programs and Policies that Meet the Needs of Older Workers. Sedgwick County supports changes in the state Workforce Investment Act guidelines to address the special needs of older job seekers, and supports adequate funding of the Older Kansans Employment Program (OKEP). (Annette Graham/Aging, ext. 5221; Deborah Donaldson/Human Services, ext. 7671)

Support the Passage of the Geriatric Mental Health Bill, HB 2057. Sedgwick County supports the geriatric bill that allows the county to provide mental health services for the elderly within the county. (Annette Graham/Aging, ext. 5221; Deborah Donaldson/Human Services, ext. 7671)

Core Principles

Core principles are policy statements and philosophical positions that the county takes to address a variety of issues that may or may not be raised in the 2010 Legislative Session. Legislation regarding some of these policy statements or issues may end up becoming a priority issue for Sedgwick County. The following are the core principles for Sedgwick County:

Support Continued State Funding for Essential County Services. Each year, the state of Kansas provides funding for essential county services and programs. In many cases this comes as the result of the county taking over services previously handled by the state. For the most part, this partnership between local and state government has worked very well. But, unfortunately, because of the state’s recent budget problems, state funding for these programs has become more uncertain from year to year, putting counties in the unenviable position of either cutting back on needed services or raising property taxes. Sedgwick County supports efforts by the Kansas Legislature to fully fund these programs at existing levels but does support eliminating duplicate or modifying overlapping programs. (Chris Chronis/CFO, ext. 7130)

Sedgwick County Health Department. The Sedgwick County Health Department is very dependent upon funding from the state of Kansas through the Kansas Department of Health and Environment. State funding for essential public health services through the Kansas Department of Health and Environment to the Sedgwick County Health
Department has remained flat for most programs. State funding is critical to provide essential public health services including public health emergency management, reducing health disparities, monitoring health status, providing immunizations and providing health education programs to reduce chronic diseases by increasing physical activity and good nutrition while decreasing tobacco, alcohol, illegal drug use and exposure. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Juvenile Justice Funding. The Juvenile Justice system is a state and local government partnership that shifts service delivery for certain juvenile offenders away from state institutions to communities. Sedgwick County supports comprehensive community-based services as envisioned in the original Juvenile Justice Reform Act and has provided local funding to maintain essential staffing levels in the core programs while the state has dealt with more pressing budget issues. Recent funding increases for the Juvenile Justice Authority should be protected so the new initiatives are given time to take effect. (Mark Masterson/Corrections, ext. 7014)

Funding for Community Corrections Adult Residential Centers. Sedgwick County supports the continuation of adequate funding for Community Corrections Adult Residential Centers. The county also supports an annual cost of living increase to cover expenses similar to cost of living adjustments made for state agencies. Community residential programs exist in Sedgwick County to serve the most high risk felony offenders assigned to community corrections. This program provides an important community-based alternative to prison. (Mark Masterson/Corrections, ext. 7014)

Use of the Level of Service Inventory-Revised (LSI-R). Sedgwick County recommends a statutory requirement mandating use of the Level of Service Inventory – Revised by all probation agencies in Kansas, including Court Services/the Office of Judicial Administration. Use of the LSI-R could provide the Judiciary and Court Service Officers with useful information in making sentencing recommendations and decisions, resulting in more efficient use of correctional resources. (Mark Masterson/Corrections, ext. 7014)

Joint Offender Reentry Initiative. Our citizens and their elected officials have had growing concerns with the numbers of offenders coming into Wichita and Sedgwick County after serving sentences in Kansas prisons and the subsequent impact on public safety when they commit new crimes. Sedgwick County supports the reentry initiative
that is gaining momentum in both the state and federal governments. (Mark Masterson/Corrections, ext. 7014)

Developmental Disability Services. Currently, a waiting list exists for access to developmental disability services. This list is divided into two categories: “un-served,” those who currently receive no services, and “underserved,” those who receive at least one service but need additional services. Sufficient funding to meet the needs of waiting individuals continues to be a primary concern for Sedgwick County. The number of people waiting for needed services continues to grow at a rapid pace. There are presently more than 900 people waiting for services in Sedgwick County. The majority of the cost of meeting the needs of these individuals is borne by the federal government since Medicaid only requires a 40% match from Kansas to fund these services. (Chad VonAhnen/CDDO, ext 7648; Deborah Donaldson/Human Services, ext. 7671)

Community Mental Health Services. Sedgwick County supports providing full funding for mental health services in Sedgwick County. Priorities for the 2010 Session include:

Ensuring access to state and local psychiatric inpatient resources to meet the demand for the mentally ill in Kansas. This can be done by developing a system of regional state operated inpatient units where inpatient care can be provided close to the consumer’s home community.
Securing necessary state general fund money to improve access to mental health services.
Medicaid provides low-income people with critical mental health services. We support greater flexibility regarding service definitions and seek to maximize federal financial participation.

(Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Aging Services. Programs are funded by state money that provides services to older adults in their homes. These include: Home and Community Based Services/Frail Elderly Waiver program and the Senior Care Act program. These programs result in considerable cost savings to the taxpayers of the state of Kansas by keeping older Kansans out of nursing homes and allowing them to remain in their homes. Sedgwick County Department on Aging provides the administrative support for the Central Plains Area Agency on Aging. This agency provides vital services for the elderly citizens of Sedgwick, Butler and Harvey Counties --- the largest population of older citizens in the state of Kansas. (Annette Graham/Aging, ext. 5221; Deborah Donaldson/Human Services, ext. 7671)

Local Authority and Accountability vs. State Authority and Accountability. As the public officials closest to the voters, local governing bodies are in the best position to respond to changing conditions that may dictate new or different public services and funding strategies. The state’s one-size-fits-all approach to defining local responsibilities and funding models has not recognized differences that exist among local communities in the needs for service and the ability to pay for them with the existing narrow range of authorized local funding sources. Local elected officials are willing to be held accountable for their actions, but the current state governance model dictates that many if not most of their actions are non-discretionary: either the service is dictated by the state or the available funding sources are limited by the state. At the same time, too often the state has required local governments to provide specified services without providing the resources with which to do so. Sedgwick County supports a governance model that provides authority and accountability appropriately. Local officials should be empowered to determine what services their jurisdiction will provide, but should be responsible for funding those services locally in the manner that is most acceptable to their constituents. State officials should restrict their local mandates to those items truly of state-wide uniform importance, and should fully fund those mandates with state-wide resources. (Chris Chronis/CFO, ext. 7130)

Tax Equity. Sedgwick County supports an objective, equitable revision of the ad valorem, sales and use tax systems that will ensure that all who benefit from public services pay a fair share of the taxes that fund those services. (Chris Chronis/CFO, ext. 7130)

Tax Equity – Part 2. All local sales tax increases must be approved by voters under Kansas law. All property tax increases that raise the mill levy should also be required to receive voter approval. (Commissioner Karl Peterjohn, ext. 9300)

Communications and Community Initiatives