We Had an Election!

Nov 7, 2018 by

Governor-Elect, Laura Kelly

The 2018 election is finally over and the preliminary results are in. It’s what you might call a “mixed bag.”

On the one hand, on the federal level, the Democrats have taken control of the U.S. House of Representatives and Kansas is part of that change with the defeat of Kevin Yoder and the election of Sharice Davids in CD 3 which includes Johnson and Wyandotte Counties and part of Miami County. The new House of Representatives is likely to act as a check on President Trump and especially the wishes of his Secretary of Education, Betsy DeVos.

Kansas has also elected a Democratic Governor and sent Kris Kobach back to the private sector- although no one really believes he will be gone for long. The extreme conservative ideology of the Brownback administration will be replaced by an administration known for cooperation and compromise. We look forward to that!

But there are some significant changes to the Kansas House of Representatives and the possibility of big changes in our Senate as well despite the fact that only one Senate seat was on the ballot this year.

So what follows is our preliminary analysis. We should let you know that we are working off the Secretary of State’s preliminary election results and final results won’t be available for a while yet. While not likely, it is possible that some results could change.

Additionally, we warn you that when looking at new Republican legislators it is sometimes difficult to be certain whether they will fall into the Moderate or Conservative camps once they start voting. We rely on the wisdom of those who have some familiarity with them but it’s not a scientific analysis!

Here we go!

The Democrats

The House Democratic Caucus has declined by one seat, going from 40 to 39. While six incumbent Democrats lost their re-election bid (Adam Lusker HD 2, Debbie Deere HD 40, Tim Hodge HD 72, Ed Trimmer HD 79, Steve Crum HD 98, and Eber Phelps HD 111), five new Democrats were elected making it almost a wash.

The six incumbent Democrats who lost were all defeated by Conservative Republicans.

The five new Democrats are Susan Ruiz in HD 23 who defeated Moderate Republican Linda Gallagher, Rui Xu in HD 25 who defeated Moderate Republican Melissa Rooker, Brandon Woodard in HD 30 who won an open seat where incumbent Randy Powell retired, Mike Amyx in HD 45 who will replace retiring Moderate Republican Tom Sloan, and Dave Benson in HD 48 who defeated Conservative incumbent Abraham Rafie.

Three of the new Democrats are replacing Moderate Republicans while two took seats from Conservatives.

The Moderate Republicans

Moderate Republicans picked up four seats currently held by Conservatives: Mark Samsel HD 5 replaces Conservative Kevin Jones who lost his primary for Congress, J.C. Moore HD 93 who defeated Conservative John Whitmer in the primary and went on to win the general, Nick Hoheisel HD 97 who will replace retiring Conservative Les Osterman, and Bill Pannbacker HD 106 who will replace retiring Conservative Clay Aurand.

But Moderate Republicans lost three seats they currently hold to Democrats in the general (Gallagher, Rooker, and Sloan) and an additional six Moderates will be replaced by Conservatives who defeated them in the primary. Those six are HD 8 where Chris Croft defeated Patty Markley, HD 28 where Kellie Warren defeated Joy Koesten, HD 39 where Owen Donohoe will replace retiring Shelee Brim, HD 74 where Steven Kelly defeated Don Schroeder, HD 75 where Will Carpenter defeated Mary Martha Good, HD 80 where Bill Rhiley defeated Anita Judd-Jenkins, HD 87 where Renee Erickson will replace retiring Roger Elliott, and HD 104 where Paul Waggoner defeated Steven Becker.

That’s a loss of 11 Moderate Republican seats offset by three Democrats resulting in Conservatives taking eight Moderate seats.

The Coalition

So with Democrats down by one seat and Moderate Republicans down by 11, the Conservatives will have a solid block that can control leadership elections and then the appointment of committee chairs and vice chairs.

In analyzing the Democrat/Moderate coalition that managed to reverse the Brownback tax disaster and restore a sound school finance system, we must look at a couple of factors. First, Democrats usually vote as a solid block in favor of public education which means there will almost certainly be 39 votes in support of public education issues. Sadly 39 votes cannot pass good legislation or defeat bad legislation. That means the Democrats must have the support of 24 Republicans to get to the necessary 63 vote majority.

Our legislative agenda is tied to the ability of Democrats and Moderate Republicans to work together to overcome the Conservative plurality. We believe that the new House will have just enough solid Moderate Republicans to reach the 63 vote threshold with the 39 Democrats. There are also an additional eight or nine Republicans who vote sometimes with the Conservatives and sometimes with the Moderates. If we can move some of those Republicans to support the coalition, we might be okay.

That’s where the cooperation comes in. With diminished numbers of Moderate Republicans and Democrats, it will be more important than ever that these two factions work together and cooperate in developing and passing good legislation that helps our schools and keeps our state moving forward.

In the Senate

While only one seat was up in the Senate- a special election to finish the term of SD 13 currently held by Richard Hilderbrand who was appointed to the seat when former senator Jake LaTurner became State Treasurer. Hilderbrand survived a challenge from Democrat Bryan Hoffman to retain the seat so the Senate remains 30 Republicans, nine Democrats, and one Independent.

But the actual membership and make-up of the Senate will be changing.

Democratic Senators Laura Kelly and Lynn Rogers were elected as Governor and Lieutenant Governor meaning new Senators will be selected to replace them. Republican Senator Vicki Schmidt was elected as Insurance Commissioner and a new Senator will be selected to replace her. These selections are made by the precinct committee chairs in the District representing the party of the departing Senator. So Democratic precinct committee chairs in SD 18 will pick a Democratic replacement for Kelly, Democratic precinct committee chairs in SD 25 will pick a Democratic replacement for Rogers, and Republican precinct committee chairs in SD 20 will pick a Republican replacement for Schmidt.

There is no telling yet who their replacements might be. They could be chosen from out of the House meaning some new House members would then need to be selected in the same manner or they could select entirely new people. In the case of Vicki Schmidt, the selection depends on the ideology of the precinct committee chairs. If they are mostly conservatives then Moderate Republican Schmidt could be replaced by a Conservative.

There is also much speculation about two other Senators. Independent John Doll left the Republican Party to run as Greg Orman’s running mate. What will he decide to do? Will the Republicans welcome him back? Will he stay as an independent or will he become a Democrat? Will he decide to resign from the Senate? The other one is Republican Senator Barbara Bollier whose public endorsements of Democrats Laura Kelly for Governor and Sharice Davids for Congress brought the wrath of Senate Republican leadership down upon her. What will happen to her if she returns as a Republican? Will she be given the worst assignments or welcomed back? Might she become a Democrat or another Independent?

So the Senate is still up in the air as to how it will look come January.

We have a new Governor!

We are very excited that the election of Laura Kelly as Governor means the door has finally been shut on the extreme conservative administration of Sam Brownback.

Kelly and her Lieutenant Governor Lynn Rogers are staunch supporters of public schools and public school educators. Kelly has twice won the KNEA “Friend of Education Award” and Rogers has served as a member of the Wichita Public Schools School Board. Both are known for an ability to reach across the aisle to seek compromise for the good of the state.

We are confident that Kelly will do her utmost to include all legislative factions in the process of crafting good legislation to address the issues facing Kansans but also that she will be willing to use her veto pen should she be presented with legislation that turns back the progress made during the 2017 and 2018 legislative sessions.

We look forward to working with her throughout her time as Governor.

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Senator Laura Kelly Headlines KNEA PAC’s List of Recommendations in the 2018 General Election

Aug 28, 2018 by

Senator Laura Kelly, Candidate for Governor of Kansas- Click Image to View Campaign Website

CLICK HERE for complete list of KNEA PAC recommended candidates.

Kansas Senator Laura Kelly, a two-time recipient of Kansas NEA’s “Friend of Education,” headlines the list of KNEA PAC’s recommended candidates for November’s general election, KNEA officials announced Tuesday.

“There’s a reason Senator Kelly has twice received KNEA’s highest acknowledgment of service to the mission of public education,” Mark Farr, KNEA president, said. “She and her running mate, Senator Lynn Rogers, have a legacy as advocates for Kansas students, our public schools and the dedicated professionals who ensure our kids are safe and have the opportunity to achieve their greatest potential.”

“I’m running for governor to make sure all Kansas students have the opportunity to succeed no matter where in Kansas they live,” Senator Kelly said. “In order to do that, we must work together to invest in our public schools and to restore respect and support for our teachers and staff. Kids have a natural curiosity and we need highly qualified teachers who have the time and resources needed to ensure that their curiosity is nurtured so that they can learn and achieve.”

Kansas NEA believes the Kelly/Rogers campaign represents a return to common sense Kansas values where public schools are a priority and where teachers are respected instead of marginalized. Senator Kelly values teachers and recognizes them as the strongest advocates for children outside of the home. In contrast to her opponents’ promises of returning to Brownback-style attacks on public schools, Senator Kelly’s platform includes a comprehensive vision to strengthen educational opportunities for Kansas students from pre-kindergarten through high school and beyond.

“I’m not new to the struggle educators and students have endured in recent years,” Senator Kelly continued. “I have fought against policies that put the interests of a select few ahead of the promise of opportunity for every Kansas student. Throughout my career, I have stood with our teachers and the professionals who are closest to our students in the classroom. As governor, I will make certain our schools, our teachers and our students will be a priority once again.”

Kansas NEA’s KPAC is comprised of KNEA members throughout the state who determine criteria for recommendations and interview candidates seeking KNEA’s recommendation in state races. The candidates who earn “recommended” status have demonstrated a commitment to strengthening public education in Kansas.

CLICK HERE to download today’s press release.


Full List of KNEA Recommended Candidates Available Now

KNEA has released the full list of recommended candidates ahead of the November Election.  CLICK HERE or click the image below to view and download the list.

 

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KNEA/KPAC makes late recommendation: Vicki Schmidt for Insurance Commissioner

Jul 23, 2018 by

KNEA/KPAC last night interviewed Republican candidates for Insurance Commissioner and has voted to recommend Vicki Schmidt for election in the Republican primary.

Vicki is currently a Republican state senator from Topeka and has an outstanding legislative record in support of public schools, students, and public school teachers. She serves as Chair of the Public Health and Welfare Committee and as Vice-Chair of the Robert G. Bethell  Joint Committee on Home and Community-based Services and KanCare Oversight. In the past, she has also served on the Senate Education Committee.

As a practicing pharmacist, Vicki knows the challenges faced by under-insured and uninsured Kansans. We are confident that Vicki Schmidt will fight hard to find ways to bring quality, affordable health care coverage to every Kansan.

At a time when some legislators are looking to force all school employees into one high deductible state insurance plan – a plan that will drive up out of pocket expenses for school employees and reduce coverage – it is critical to have an advocate for educators and affordable health care in the office of Insurance Commissioner.

KNEA/KPAC is proud to recommend Vicki Schmidt for Insurance Commissioner.

Hate Campaign Mail? Vote NOW!

Need we remind everyone that early voting is now open around the state?

You don’t have to wait until election day to cast your ballot. Look over your candidate lists, head to an early voting site, and cast your ballot TODAY!

As an added bonus, candidates usually track advance voting records and remove the names of those who have cast their ballots from their mailing lists. That’s right – you have the opportunity to avoid some, if not all, of the nasty campaign mail just by voting early!

Click here for a link to the KNEA/KPAC recommended candidates. We hope you’ll review it and then head out to VOTE!

And if you’ve never voted early before, read this testimonial in the Shawnee Mission Post.

“It’s hard to describe the rush I felt participating in America’s electoral representative democracy. The births of my children are the closest I can come. And I’m not even sure that fully does it justice.”

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House Saves the Day; Kills Corporate Tax Giveaway & Tax Cuts for the Rich

May 7, 2018 by

Later this week, we will provide a more comprehensive review of the 2018 Legislative Session but for today, we talk about the taxing events of Thursday and Friday, May 3 and 4.

Two highly controversial bills dominated the discussion for these two days. One was Sub for SB 284, a bill enacting the so-called “Adoption Protection Act.” (We will report on this bill later.) The other was Sub for HB 2228, the Senate’s large corporate tax giveaway and tax cut for the wealthiest Kansans.

Both were contained in Conference Committee Reports (CCR). So you understand the order of business, a conference committee report on a Senate bill goes first to the House for action while a conference committee report on a House bill goes first to the Senate. Conference committee reports cannot be amended. There is a motion to adopt the CCR which is debated and then voted on. Both chambers must adopt the report for it to go to the Governor for his signature or veto.

Because of the controversial nature of both reports and the fact that they were running almost simultaneously, it meant the atmosphere under the dome was tense.

The tax bill (Sub for HB 2228) was really the brainchild of Senate leadership, in particular, Sen. Caryn Tyson (R-Parker). The original fiscal note on the bill as it came out of the Senate and before it went to conference was a more than $500 million loss in revenue to the state. It essentially offset all of the spending increase in K-12 education.

Fiscal notes on the measure as it was debated and amended in conference changed constantly because there was no actual way to calculate the impact of changes to Kansas income taxes before the full impact of federal income tax changes were known.

The two biggest threats to the state budget included in HB 2228 were directly tied to the federal tax act passed last December.

One of these was a provision to decouple the state income tax from the federal code so that taxpayers who could no longer itemize on the federal form could still itemize on the state form. The federal code has changed so much that many filers will no longer be able to itemize. While some taxpayers may find a federal benefit (although most will not), the loss of itemization at the state level means higher revenue collections at the state level. But because those who itemize are generally the wealthiest taxpayers (Kansas estimates only about 20% of taxpayers itemize), this revenue would come from the wealthiest Kansans.

The second big item was the “repatriation” of overseas corporate earnings. Among the federal tax changes was a provision to bring the overseas earnings of multi-national corporations back to the United States for tax purposes. These corporations have long been able to essentially shelter much of their earnings overseas to avoid U.S. taxation. These earnings are now being “repatriated” – brought back to the U.S. – and taxed. Tyson wanted to block taxation of these repatriated earnings in Kansas, a measure that is essentially a big corporate tax giveaway.

So – big item number 1 cuts taxes on the wealthiest Kansans while big item number 2 allows corporations to avoid taxation in Kansas. All while providing no relief to the 80% or more of working Kansans.

On Thursday, May 3, the Senate approved the measure on the slimmest of margins 21 to 19, sending it on to the House for a vote on Friday. See how your Senator voted by clicking here.

Now our attention turned to the House where it was expected the vote would be close. As we watched discussions and followed caucus discussions, it was often unclear as to which way the vote would go.

One thing we knew for certain was that if this bill were to pass, the chances that our schools would close in August would be much greater. As it is, many people think the school funding bill passed is likely not to meet adequacy but a tax cut bill that puts the budget underwater in the second year of the school finance plan is almost certain to result in rejection of the plan. Remember the Court was clear in their earlier ruling that the state needed to demonstrate the money would be available to fulfill the promise of a phased-in funding plan.

Debate on the bill in the House began mid-afternoon on Friday. Rep. Steven Johnson (R-Assaria), as chair of the House tax committee, made the motion to adopt the report. Rep. Tom Sawyer (D-Wichita), the ranking Democrat on the committee made the arguments against the bill. Nearly every member who went to the well to speak on the bill was a conservative who supported it. They tried to persuade others that they were giving the people back what was theirs and helping the middle class. Unfortunately, the bill only provided benefits for corporations and the wealthiest Kansans, leaving most of us holding the bag for funding critical state services including schools.

With seven members out as excused absences, the vote came in at 59 to 59. It is important to know that a final action vote such as this requires 63 votes to pass and on a tie vote the bill fails. Conservatives put on a call of the House under which the doors are locked and Legislators are kept in their seats until the call is lifted. The time is then used to pressure anyone that proponents believe to be “weak” in an attempt to get the win. Often the Highway Patrol is sent out to bring absent Legislators back. A call can go on for hours.

In this case, because they were working on Sine Die, the last day, they could not go past midnight. So if people held their positions until midnight the bill would fail.

There were a number of calls to raise the call of the House but if 10 members object, it is not lifted and so the call went on and on. But no votes changed. It held at 59 to 59 until a call to raise the call was successful. Speaker Ryckman (R-Olathe) asked if there were any explanations of vote. There were none. He asked if there were any changes of vote. There were none. He closed the roll, tallied the vote, and declared the bill dead. You can see how your Representative voted by clicking here. 

Another tax conference committee report dealing with motor vehicle rebates was quickly passed and the House adjourned Sine Die.

Thanks to the failure of HB 2228, there is a greater chance that schools will be open come August and that a special session is less likely. Understand that both are still possible! We won’t know until the Court finishes its review of school finance plan but had HB 2228 passed,  a special session and closing of schools would’ve been almost assured.

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Rush, rush, ruin.

May 2, 2018 by

What’s the rush?

When it comes to tax policy, what’s the rush is indeed the question of the day.

Last night at a 9:00 tax conference committee meeting, Sen. Chair Caryn Tyson (R-Louisburg) was insistent that urgency was necessary, demanding that the committee return at midnight after giving the staff a couple hours to draft extremely complex amendments dealing with the repatriation of overseas profits for tax purposes. Corporations, many of which don’t believe they should have to pay taxes and are notorious for using “shelters” to avoid taxes, are determined to stop tax provisions that make them pay their fair share of the responsibility for funding services. Tyson is determined to do whatever corporations want. Hence, the urgency. Let’s pass something after midnight without giving anyone the time necessary to really review a proposal and determine its impact on the state budget both immediately and long-term.

Fortunately House members, led by Committee Chair Steven Johnson (R-Assaria), are trying to be more deliberative and resisted the call by Tyson to continue into the wee dark hours of the morning when everyone would be sleep-deprived and unable to do such important work thoughtfully.

We all know the quality of work done after midnight. The Kansas Legislature is known for waiting until the last minute to get down to work and often ends up very late at night or early in the morning frantically passing the most important bills of the year. And they end up making grave errors in the process. One need only look at this year’s school finance bill with an $80 million error.

It would appear that Tyson’s goal is to maximize the depression of revenue to the state. Perhaps she wants to demonstrate her commitment to exploding deficits as if that is a qualification for a member of Congress (she is a candidate for Congress). The problem, of course, is that, unlike the federal government, the state cannot deficit spend. Kansans know better than anyone what that means thanks to the failed Brownback tax experiment.

Since the budget is being built on the assumption that all of the revenue available or predicted to be available is there to be spent, the passage of tax cuts will push the budget under water, jeopardizing any progress being made on school funding or the restoration of other state services.

We would remind the Legislature of the 2013 lower court decision in Gannon when the State argued that they did not have the revenue to increase school funding or honor the promises of Montoy. Here’s what the Court said to that argument:

The State has argued and asked us to find the  coming limitation on the State’s resources require the Legislature to make difficult appropriation decisions. The State has proposed that we find “the Legislature could reasonably conclude adjustment of state education aid to the Levels demanded by the plaintiffs would have disastrous consequences to the Kansas economy and its citizens” (P. 34 of the State’s Proposed Memorandum and Order). However, at the same time that the States attorney was advancing that argument, the Legislature passed the income tax cut.  According to one of the States experts, Dr. Art Hall, the Executive Director of the Center for Applied Economics at the University of Kansas School of Business, the tax cut bill will cause a revenue reduction in the first year (2013) of $800,000,000 to$1,000,000,000. See TR: Arthur Hallat pp.2421-2424. While Hall was called by the State to present evidence of the disastrous effect a 1.2 billion dollar infusion of money in a single year for education would have to the State, the same reasoning should apply to an $800,000,000 to $1,000,000,000 reduction in State revenue.

It seems completely illogical that the State can argue that a reduction in education funding was necessitated by the downturn in the economy and the states diminishing resources and at the same time cut taxes further, thereby further reducing the sources of revenue on the basis of hope that doing so will create a boost to the states economy at some point in the future. It appears to us that the only certain result from the tax cut will be a further reduction of existing resources available and from a cause, unlike the Great Recession which had a cause external to Kansas, that is homespun, hence, self-inflicted. While the Legislature has said that educational funding is a priority, the passage of the tax cut bill suggests otherwise and, if its effect is as claimed by the State, it would most certainly conflict with the States Article 6 § 6(b) constitutional duties.

So it would seem to us – and to most reasonable people – that enacting large tax cuts at this time would be a bad decision. We believe that lawmakers should take a “wait and see” approach. Let’s see if the recovery from the Brownback disaster continues and what the real impact of the federal tax changes will actually be for Kansas.

The tax conference committee met or attempted to meet several times today without making any progress. Tyson was bitterly angry with the House members at the 9:00 meeting last night and again at the 8:30 meeting this morning. At 11:30 this morning she made an offer to the House that was seen as backtracking on some earlier Senate offers. When questioned by Johnson, she said, “Sometimes when you reject an offer the next offer might be worse.”

In response Johnson and the House members left, telling Tyson that if she wanted to meet again she could let him know. She immediately called out for a 12:30 meeting. At 12:30, we gathered for the meeting only to be told it was postponed until 1:30. At 1:30, it was postponed until 3:00.

As of this posting, the two sides continue to negotiate, but not much progress is being made.  We will continue to update you as negotiations continue.  It’s also important to be aware and ready to take action if and when we put out the call to do so.

 

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Budget Negotiations Progressing; Taxes? Not So Much

May 1, 2018 by

While budget negotiations between the House and Senate are definitely making some progress, the same cannot be said about the tax negotiations which took an interesting turn late this afternoon.

In earlier tax conference committee meetings, Senate Chair Caryn Tyson (R-Louisburg) made it clear that she wanted one big mega tax cut bill that included everything the Senate voted for in Sub for HB 2228 (the massive reduction of over $500 million) and a whole bunch of small tax cuts rolled in. We suppose that as a candidate for Congress she wants to demonstrate her ability to crush revenue streams just like real members of Congress!

The House, while certainly not rejecting the idea of tax cuts, has taken a more cautious approach and appears reluctant to adopt one massive conference committee report, suggesting that some ideas should stand separately.

The conference committee was scheduled to return to meet at 5:00 pm but the House was still on the floor. It was right about 5:00 when House Tax Chairman Steven Johnson (R-Assaria) made a motion to concur in HB 2492, a bill in the conference committee that contains several tax changes that Tyson wanted in the big bill (a sales tax exemption on the purchase of gold bullion, a sales tax exemption on certain hospice providers, and permission for four counties to hold elections to raise local property taxes for local projects. If the House concurred, then these items would no longer be available to be put in a bigger conference committee report; if the House did not concur, the bill would stay in the conference committee but the House would have an official position against these items. The House voted 19 to 102 not to concur.

Senators were listening in downstairs in the committee room and reports have it that Tyson was not happy. She called the meeting off and left the room. Johnson and the other conference committee members showed up and, after much discussion and calls to Tyson agreed to meet again at 9:00 tonight.

We will report on tonight’s ongoing discussions tomorrow.

Schwab Says Good-bye

House Speaker Pro-Tem Scott Schwab (R-Olathe) took a moment of personal privilege this afternoon to announce that today would be his last day in the House. He is leaving tomorrow to accompany his child’s class on a trip to Washington, DC and as a candidate for Secretary of State is assured he will not be in the House in 2019 win or lose.

Schwab has twice served in the House with his two terms of service separated by two years after losing a bid for Congress. He was briefly replaced by former Rep. Ben Hodge (R) who earned a reputation for uncooperativeness with most people under the dome. Schwab has always been a gentleman even to those with whom he disagrees. We wish him well whatever he does next.

 

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