2011 Legislative Platform, Sedgwick County, Kansas

Sedgwick County > Communications > 2011 Legislative Platform

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

2011 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 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)

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, 660-5810)

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, 660-5810)

Jail Population and State Prisoners in County Jails. Sedgwick County has a significant jail population, resulting in a crowded local facility and wide use of contracted out of county beds. In order to promote a safe environment, provide positive incentives for good inmate behavior and safely and judiciously provide overcrowding relief, Sedgwick County will be proposing and seeking legislation to offer good time credit to inmates serving commitments in the county jail. We would seek and support language that offers judges, at the time of sentencing, an opportunity to provide a reduced sentence opportunity contingent upon good behavior while in the custody of the jail. Such a 2011 Sedgwick County Legislative Platform program will be administered by the Sheriff (or custodian of the jail) with appropriate transparent rules and reviews. Good time credit award is statutorily available to the Secretary of Corrections in Kansas and is commonly available in jails throughout the United States.

In addition, historically, felons served their sentences with the Kansas Department of Corrections; however, state laws have been modified in recent years to move convicted felons to county jails. We support state funding to reimburse counties for the entire cost of housing convicted felons. Further, the state should keep accurate records of the number of felons in county jails and make such information available to the public. (2001, 2010) (Bob Lamkey/Public Safety, ext 4955; Richard Powell/Sheriff, ext 3900; Jason Scheck/Crisis Intervention, ext 7517)

Dealing with non-violent, low level offenders with underlying mental health needs. Current Kansas Statues offer law enforcement officers limited choices in dealing with individuals who have transgressed the law as a result of a mental health crisis and cannot safely be released on their own recognizance. They may be either taken to jail or a hospital facility suitable for mental health evaluation and stabilization. Sedgwick County has established a county operated program to evaluate and stabilize non-violent, low-level offenders with underlying mental health needs and connect them with therapists, caseworkers and services. These are individuals who generally present aberrant or nuisance behavior to the public. Currently, officers must book such individuals into the jail in order to get access to such services. Sedgwick County will be seeking legislation to allow officers an added option to take certain offenders directly to such programs and avoid the jail booking and housing process. Our intent is to reduce demand on law enforcement and jail resources while finding a more appropriate and effective manner to deal with those in a mental health crisis. (Bob Lamkey/Public Safety, ext 4955; Richard Powell/Sheriff, ext 3900; Jason Scheck/Crisis Intervention, ext 7517)

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. (Bob Lamkey/Public Safety, ext. 4955)

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)

Public Records Preservation Act. Public Records Preservation Act needs some language cleanup to remove the obligation on public agencies to give the state records’ board written notice about not keeping paper records when agencies store them electronically. The statute is K.S.A. 45-501 (c). (Doug King/DIO, ext 9846)

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 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)

Support Treatment for Sexually Transmitted Diseases. Sedgwick County supports policy changes that will assure that clinicians can provide patient-delivered partner therapy for patients testing positive for Chlamydia. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Support Funding for Local Public Health Departments. We support an amendment to the maintenance of effort clause (KSA 65-242, paragraph c) to reduce the loss of state formula funding to local health departments when local tax support for public health decreases from the previous year. (Sonja Armbruster ext. 7335; Claudia Blackburn/Health, ext. 7339)

Human Services

Mental Health:

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 Restoration of Cuts to Mental Health Reform Funding. The Mental Health Reform grants allow the Community Mental Health Center (CMHC) to serve the uninsured and underinsured who don’t qualify for Medicaid or who don’t have resources to pay for the mental health services they receive. Without appropriate treatment, many could end up in contact with law enforcement, in jails or hospital emergency rooms. The state budget cuts are putting the state CMHC system at a breaking point. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Support Restoration of MediKan Mental Health Cuts. MediKan is a state-funded program that provides medical benefits to people awaiting determination for federal disability benefits. The MediKan benefit limit was reduced from 18 to 12 months in FY 2010, causing a growing number of individuals approaching CMHC’s with no resources. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Support Restoration of cuts to the Community Support Medication Program. The program has funds available as “payment of last resort” to purchase atypical antipsychotic, antidepressants and other medications for the treatment of mental illness. (Marilyn Cook/COMCARE ext. 7665; Deborah Donaldson/Human Services, ext. 7671)

Developmental Disabilities:

Support State Funding for Intellectually and/or Developmentally Disabled Citizens with Challenging Behaviors. 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)

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 relies upon funding administered through the Kansas Department of Health and Environment to support critical public health infrastructure including:

public health emergency management
reduction of health disparities
monitoring health status
immunization services and
provision of health education programs.

Sedgwick County supports policies that encourage healthy choices and foster improved health status of reproductive-aged women. (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 of nearly 4,000 exists for access to developmental disability services. This list is divided into two categories: “unserved,” 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 nearly 1,000 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. (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 2011 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)

Communications and Community Initiatives