1) House Passes Weak and Ineffective Immigration Reform Bill.

On Friday, March 28 the Kansas House passed House Substitute for SB 329. As the author of the original version of this bill I was gravely disappointed by House action to strip this bill of its most meaningful provisions. In voting no I offered the following explanation:

“Mr. Speaker I vote No on House Substitute for SB 329: As amended this bill fails to provide meaningful immigration reform, indeed it is likely to make the situation worse. This bill is drafted in a fashion that ensures its employer sanction provisions, already weak on their face, will never be enforced; they are both practically unworkable and almost certainly preempted by federal law. Furthermore the public benefits restrictions in the amended bill are actually weaker than existing law. For the first time Kansas will be creating a statutory right for unauthorized aliens to receive any and all state financed medical care, no questions asked. This bill is a façade.”

Adding insult to injury the House again voted against an amendment that would have reversed the current policy of granting in-state tuition to unauthorized aliens. As I noted on the floor this policy violates federal law (8 USC 1623), and creates an incoherent policy where students who obey the law and get a valid student visa pay a higher rate of tuition that those who lack lawful status.

As a practical matter the chance for meaningful immigration reform in the 2008 session has been lost. That having been said I am committed to continuing the fight for real reform.

2) Senate Passes Rep. Kinzer’s HB 2825, Judicial Sunshine Act.

On Friday, March 28 the Kansas Senate passed HB 2825. I introduced this bill earlier this session based upon concerns over the recent practice of the Kansas Supreme Court holding closed hearings and sealing pleadings in a variety of high profile cases.

The right of the people to open court proceedings is well established. In the case of RICHMOND NEWSPAPERS, INC. v. VIRGINIA, 448 U.S. 555 (1980), the United States Supreme Court expressed the opinion that “Tradition, contemporaneous state practice, and this Court's own decisions manifest a common understanding that "[a] trial is a public event. What transpires in the court room is public property. As a matter of law and virtually immemorial custom, public trials have been the essentially unwavering rule in ancestral England and in our own Nation. Such abiding adherence to the principle of open trials "reflect[s] a profound judgment about the way in which law should be enforced and justice administered."

Under HB 2825, a court could not close a hearing or allow pleadings to be filed under seal unless it first made a finding on the record that an identified safety, property or privacy interest predominates the case and outweighs the strong public interest in access to the court record and proceedings. It is an unfortunate reality that many of the most important public policy issues facing our State are being decided by courts. As such it is more important than ever that out judicial process be open and accessible.

3) Rep. Kinzer Carries SB 477, Expanding Kansas Offender Registry.

This week Rep. Kinzer carried HB 477 on the House floor. This bill, which has now passed the House, would amend current law to add electronic solicitation to the list of sexually violent crimes requiring post release registration pursuant to the Kansas Offender Registration Act. The Kansas Offender Registry is an online resource that alerts citizens to offenders living in their community. To view the Offender Registry go here: http://www.accesskansas.org/kbi/ro.shtml.

4) House Federal & State Affairs Committee Hears Rep. Kinzer’s Bill Regulating Sexually Oriented Businesses.

On Monday, March 24 the House Federal & State Affairs Committee held hearings on HB 2835. During the hearing Rep. Kinzer testified as follows:

“The pernicious secondary effects associated with the operation of adult oriented businesses are well documented. The question we face is whether or not the State of Kansas has a role to play in the mitigation of these pernicious effects. The purpose of HB 2835 is to establish reasonable and unified regulations for the operation of sexually oriented businesses in Kansas . Crucial aspects of the bill include:

• Limiting the establishment of a sexually oriented business within 1,000 feet of any preexisting primary or secondary school, house of worship, state-licensed day care facility, public library, public park, residence or other sexually oriented business.
• Prohibiting establishment of a sexually oriented business by a person who has been convicted of a sex crime, of promoting obscenity or of tax fraud or evasion.
• Limits physical contact between dancers/performers and patrons of sexually oriented businesses.
• Places restrictions on the operation of adult video booths.
• Limits hours of operation and service of alcohol at sexually oriented businesses.
• Prohibits full nudity at sexually oriented businesses.