From the Gallery
State Legislation
The Budget crisis
The argument in the Kansas Legislature this year will probably continue until the last moments of the 2010 session - how to pay for the cost of government when revenues from taxes are falling. This has brought into focus a sharp contrast of ideologies which threaten to deadlock the session. Kansas, like most states is suffering a shortfall in revenue because of loss of jobs, income and dwindling spending by Kansans. This week Gov. Mark Parkinson (D) stated, "We cannot balance the next budget or protect our schools, public safety and safety net services without new revenue. I look forward to the Legislature to coming to the table, putting politics aside, and raising the revenue we need to get Kansas back on track." He then went on to place the blame for the shortfall on tax breaks offered to Kansas businesses. Speaker of the House Mike O'Neal (R-Hutchinson) issued a statement rebutting the governor's position, "Contrary to the Governor's assertions, the state budget crisis is not the taxpayer's fault. It is the government that cannot rein in its spending. We should not punish Kansas families and businesses, whose hardships already far outweigh those of the government, by forcing them to contribute even more to fuel the state's addiction to spending." Both are calling for cuts to spending; the problem lies in what to cut; how cuts would affect future growth, and in assessing what effect raising taxes would have on businesses that might have to cut jobs to pay for the increases. You need to contact your legislators about the budget; personal stories on how taxes affect your family or business usually get their attention.
State Sovereignty
SCR 1615 was tabled last week in committee, but reinstated shortly afterwards after a bit of tweaking of the language. This non-binding resolution claims sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates. If passed, the resolution would go to the President of the United States, the President of the Senate, the Majority Leader of the U.S. Senate; the Minority Leader of the U.S. Senate; the Speaker of the U.S. House of Representatives; the Minority Leader of the U.S. House of Representatives and each member of the Kansas Congressional delegation.
SCR 1626 is scheduled for a Subcommittee Staff Briefing; Public Hearing, Deliberations and possible recommendations on Thursday, 3/11/2010, at 8:00 a.m. in Room 546-S. This is a resolution to amend the Kansas Constitution by adding a new Article 16 concerning healthcare.
Petition Drive
A website will be up shortly in which Kansas citizens can sign a petition concerning the federal government's invasion into private citizen's healthcare choices. The site will be: www.kansashealthcarefreedom.com and www.kansashealthcarefreedom.org. Watch for an alert on when the sites will be ready to go.
HB 2435
HB 2435 would amend several statutes to clarify that the penalty for an attempt, conspiracy, or criminal intent to commit certain sex crimes where the victim is a child less than 14 years of age would be an off-grid offense. HB 2435 would amend several statutes to clarify that the penalty for an attempt, conspiracy, or criminal solicitation to commit certain sex crimes where the victim is a child less than 14 years of age would be an off-grid offense. The sex crimes that would require the imposition of a penalty for an off-grid offense would be the attempt, conspiracy, or criminal solicitation to commit aggravated trafficking, rape, and aggravated indecent liberties with a child, aggravated criminal sodomy, and promoting prostitution if the prostitute is less than 14 years of age, and sexual exploitation of a child.
The bill also would amend the statute on terrorism and illegal use of weapons of mass destruction to provide that an attempt, conspiracy, or criminal solicitation to commit the crime would be an off-grid felony.
The bill would delete the definition of "prior conviction event" in the aggravated habitual sex offender statute to clarify that any person convicted of two or more sexually violent crimes, despite the fact that the convictions occur on the same day, is a habitual sex offender subject to a mandatory life sentence without the possibility of parole. This bill would "fix" Jessica's Law, which was passed last year and ensure that repeat violent sex offenders against children would stay in jail. This bill is scheduled for final committee action on Tuesday 3/9/2010 at 9:30 a.m. in Room 548-S.
SB 549
This bill which creates a private cause of action for victims of child pornography was heard on March 8th 2010 in the Senate Judiciary Committee. CWA testified in favor of the bill. The testimony follows:
RESTITUTION FOR VICTIMS OF CHILD PORNOGRAPHY
TESTIMONY IN FAVOR OF SB 549
Concerned Women for America of Kansas
Kansas Senate Judiciary Committee
March 8, 2010
Senator Owens and members of the Senate Judiciary Committee:
Concerned Women for America of Kansas is testifying in favor of SB 549, a bill that creates a private cause of action for victims of child pornography. One of our six core areas of concerns is pornography and the harm it does to the victims, the perpetrators and to society in general. The cost of pornography in terms of physical, emotional and mental harm not to mention the cost to society in terms of increased crime, sexually-transmitted diseases and its connection to human trafficking is staggering. It is our belief that the state policymakers should address this problem by attacking it not only by apprehending, prosecuting and incarcerating the perpetrators, but also by reducing the market demand by making consumers liable to the victims of the crime.
The punishment added by allowing the child victims of the crime private cause for action helps to deter the motivation for the market by making those who view these products liable. They should be liable for several reasons: First, they perpetuate the harm caused to a child in the original act by multiplying the harm even years later as the material is distributed. Second, the material is an invasion of the privacy of the child; even years later that harm is felt by the exposure of the criminal act to the Internet and other sources viewed by pedophiles and others. The violation in effect goes on and on as long as the material is available whether in real time or not. Third, the consumer of the material is not innocent of the molestation that took place to produce the material. He/she have a direct relationship with the victim in the sense they are participating in violating the child's privacy and natural modesty. Adding this "private cause for action" helps to remind the perpetrator and the consumer that the violation of a child is not without cost; that it is not a victimless business transaction.
In addition, the production and use of these materials according to many studies clearly predict that the original seduction and molestation of a child for profit leads to actual molestation of other children. According to the United States Postal Inspection Service, at least 80 percent of purchaser s of child pornography are active abusers and nearly 40 percent of the child pornographers investigated over the past several years have sexually molested children in the past. [From a statement before the U.S. Senate on the Judiciary by Ernie Allen, Director of the National Center for Missing and exploited Children in 2002] A study by the Pennsylvania Internet Crimes against Children task force reported that 51 percent of individuals arrested for pornography-related offenses were also determined to be actively molesting children or to have molested in the past.
Predators often use child pornography to break down a child's resistance to molestation, using pornographic material that depicts children who are smiling, laughing and seemingly having fun, thus legitimizing the behavior in the child's eyes. Of 1,400 cases of reported child molestation in Louisville, Kentucky, between 1980 and 1984, pornography was connected with every incident and child pornography was connected in a majority of cases. [American Prosecutors Research Institute; "From Fantasy to Reality: The Link Between Viewing Child Pornography and Molesting Children"; Candice Kim Volume 1, Number 2, 2004]
In conclusion, both perpetrators of child pornography and those who utilize it should pay restitution to their victims ... the children they violate. We support this legislation and urge you to protect children in Kansas.
Removing sales tax exemption for churches
HB 2549 has passed out of committee without adding tax exemption on sales tax for churches. The bill initially introduced to repeal the sales tax exemption of all non-profit organizations was amended to target only religious organizations that are non-profits. It will be debated on the House floor this week. It is time to let your representative know that you object to the removal of sales tax exemptions for churches and religious organizations. Not only do churches contribute greatly to "fill the safety-net gap" in services, they should not be singled out by the Kansas Legislature. Kansas House Speaker Mike O'Neal is opposed to this bill. Make sure your voice is heard.
Regulation of Sexually-oriented businesses
HB 2633 the Community Defense Act has been in and out of committees since last year. Twenty states have similar legislation with that legislation passing constitutional muster. It will be heard in the House Federal & State Affairs Committee on March 15, 2010, at 1:30 in 366-S.
Concerned Women for America of Kansas
P. O. Box 11233
Shawnee Mission, KS 66207
Phone/Fax: 913-491-1380
Email: director@kansas.cwfa.org
Web site: kansas.cwfa.org
|