The 2009 legislative session starts Monday, January 12. There are some new faces , but some of the issues look to be similar to last year as the Holcomb expansion debate will dominate the headlines. The state is also facing shrinking revenues, making budget cuts a near certainty.

The moderate leadership in the Senate remained in tact but Senate committees were shaken up a bit. On the House side, incumbent House Speaker Melvin Neufeld was defeated by challenger Mike O'Neal (R-Hutchinson) for the top leadership role. Majority Leader Ray Merrick withstood a tough challenge by Gene Vickery.

AGC expects immigration to arise once again. The business coalition organized to prevent harmful legislation from passing last year will remain in tact if necessary to again promote effective legislation that goes after the root of the problem- identity fraud, identity theft and falsification of documents- versus forcing businesses to police the immigration policies of our federal government.

It has been brought to the attention of AGC that the Kansas Corporation Commission, which oversees motor carrier regulations, intends to pursue legislation to eliminate the tools of the trade exemption for vehicles between 10,000 and 26,000 lbs. Currently vehicles within this weight rating are exempt from the Federal Motor Carrier Safety Regulations if they are transporting materials to or from a jobsite or if the jobsite is within 25 miles of the principal place of business.

Other initiatives AGC intends to address are the preliminary lien notice for second tier subcontractors and suppliers, misclassification of employees as independent contractors and technical education.

Last year, in an attempt to protect GC’s from having to pay twice when a subcontractor fails to pay its supplier, AGC introduced SB 603 which would require second-tier subs and suppliers to submit a notice to the general contractor within 20 days of their intent to provide goods or services in excess of $15,000 on a project. If this notice is not submitted, the sub or supplier will forfeit their lien rights until the notice is submitted. The outline for the form is included in the legislation. Last year’s legislation faced opposition from some associate members and several industry groups including KCA, the aggregate producers and a subcontractors association out of Kansas City. AGC will work with members and other industry groups in an attempt to establish a consensus before introducing legislation in January.

At the end of last year’s immigration debate, House democrats banded together with moderate republicans in an effort to include language addressing misclassification of employees. What was being proposed was unacceptable to the business community for various reasons.

AGC will continue to advocate on behalf of its members, working with legislators on a daily basis to prevent harmful legislation from passing. Stay tuned for Under the Dome updates as the session begins January 12.