Tuesday, April 13, 2010

Whew, Wow, and moving on...

Sorry not to update, been pretty busy with life and such. Thought I would take advantage of the Legislative Session Break (until 04/28/2010) to stay away from my computer and take a breather, avoid my “inbox”, and spend some much needed quality time with my kids and family. I’m recharged now, thank you very much. Plus, I knew if this went through, you would have heard it on the news (and wondered what-the-heck had happened).

Senate Side 03/30/2010:
Tuesday 03/30/2010 Senators voted to pass along Substitute HB2356. This is the “gut-n-go” version of SB447 (see post below) – and they passed it by a vote of 25 (Yes) & 14 (No). Here are the Senators that voted AGAINST the children of KS last week:

Yeas: Apple, Barnett, Brungardt, Colyer, Emler, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huntington, Kelly, Kultala, Lee, Lynn, Morris, Owens, Reitz, Schmidt D., Schmidt V., Schodorf, Steineger, Teichman, Umbarger, Vratil. And Passing: McGinn.

And here is a list of Senators who cared enough about protecting a great system of inspections for 88% of the children in licensed child care facilities (Centers, Preschools, School-aged Programs, Drop-in Programs, and Licensed Homes) which represent 66% of all facilities KDHE oversees with timely compliance inspections across Kansas:

Nays: Abrams, Brownlee, Bruce, Donovan, Huelskamp, Kelsey, Marshall, Masterson, Ostmeyer, Petersen, Pilcher-Cook, Pyle, Taddiken, Wagle. THANKS FOR USING SOME COMMON SENSE (THIS LIST OF SENATORS).

And then, not to elaborate on what I am unsure of as far as process, but suspect to be highly unethical efforts by Senators and Proponents of these 2 bills - somehow HB 2356 made it from the Senate floor to the House the SAME DAY…

House Side 03/30/2010:
So on 03/30/2010 pick-up of my child, our provider informed us that HB 23562 had made it into the House the SAME DAY that it passed the Senate! She said hopefully it would go to a Conference Committee and to stay tuned to my email that evening for additional information. Later I got an email to contact several House Representatives with my concerns (basically the same email I had sent to the Senate on HB 2356 & SB 447).

At around 9:00pm I get a call from my provider to check my email again. The House was back in session and there was a move on the floor to push for a “Vote to Concur”.* If this effort would have been successful, HB 2356 would have been sent to the Governor that night – completely bypassing any Committee Process in the House! Emails flew, with many of us, staying up late emailing back & forth with our House Representatives (and some that weren’t even our Representatives) during their session informing them of the specifics of this Bill, it’s flaws as we see them, and answering questions with specific line references within the Bill (as the proponents of this Bill – Senators, Lobbyists, a few House Representatives, and others that support this Bill worked their "spin" in the halls).

WELL, WE SUCCEEDED. THIS BILL IS IN CONFERENCE COMMITTEE. 3 Senators and 3 House Representatives will look at HB 2356. They can do a few things with it…

  1. Kill it. Don’t let it go any further. Make the proponents go back to the drawing board and start all over again.  If there isn't enough money to inspect everyone under a GOOD, fair, and even system of inspections then leave it alone until they figure that out.  They should have numbers (by each type of child care facility for each county) and have used those numbers in a Feasibility Study before they ever consider making such a significant change in oversight.

  2. Pass it. Which would be BAD thing for children across Kansas, the families that access licensed care (Centers, Preschools, School-aged Programs, Drop-in Programs, and Licensed Home Day Cares), and licensed providers.

  3. Pass it with “substantial material changes”. They can make changes to parts of the Bill too. They could insert a reasonable maximum length of time that compliant providers could go before a compliance inspection occurs (currently undefined with KDHE’s intent for it to start out at 3 years). They could correct the vague language that allows KDHE a “fill-in-the-blank-regulation” to year-by-year (or month-by-month) define (or redefine) factors that can be taken into consideration to determine the overall “risk-factor” of any provider (specifically the compliant ones) that determines when (or if) they will be inspected.  It even allows that they can make further changes to the system of inspections as they see fit with it's very vague language.  They could do the right thing to help ensure safety and quality for children in care by addressing the issue of provider education (or the lack thereof in Kansas). If they make material changes it would go back to the House, then the Senate for another vote.
*On motion of Rep. Landwehr (Wichita) to nonconcur on HB 2356 and have a Conference Committee appointed. Rep. Neighbor (Shawnee) offered a substitute motion to concur in Senate amendments - subsequently withdrawn (too much public input, even at such a late hour, to get the “yes” votes they would need across the House). The question reverted back to the motion of Rep. Landwehr and the House nonconcurred on HB 2356. Speaker O’Neal thereupon appointed Reps. Landwehr (Wichita), Crum (Augusta), and Flaharty (Wichita) as conferees on the part of the House.

Hey, if you live in Shawnee and Rep. Cindy Neighbor is your House Representative - she could really use a reality check. Give her a call and tell her about your concerns – as someone from the neighborhood that she serves. What they hear from proponents and what is actually in these Bills are very different.  I know I’m following which JOCO/WYCO Senators and House Reps. are supporting these crazy Bills – and they are going to hear from me at election time. More posts to follow closer to that time just to remind you if you are interested…

The Senate acceded to the request of the House for a conference on HB 2356 and has appointed Senators Barnett (Emporia), V. Schmidt (Topeka), and Kelly (Topeka), as conferees on the part of the Senate. 

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