The School Finance Mistake
There’s been lots of talk about the school finance bill (SB 423) error and what to do about it. Governor Colyer signed SB 423 into law and at the same time urged the Legislature to waste no time in fixing the error so that the bill matches what everyone thought they were voting on back on April 7.
The $80 million error is the result of an amendment by Rep. Clay Aurand (R-Belleville). Aurand has been pushing amendments to require a certain level of LOB authority in an effort to “get credit” for the state for more funding than the state was actually providing. Essentially, he wants the Court to believe that, since LOB levies are not being used for enrichment as per the original intent, those levies should be credited as state aid. Of course, the reason the LOB is not being used for enrichment is because the state has not even kept pace with inflation in what is provided to schools.
To get this “credit,” Aurand has proposed amendments to mandate a certain level of LOB authority. He has tried various levels from 30% down and when he finally put the level at 15%, he got what he wanted. SB 423 contains a provision mandating that every school district levy a 15% LOB. Aurand has been pressing this issue since Montoy and his fellow legislators finally agreed when he put the mandate at a level that all school districts were now meeting anyway.
But what his amendment did was make that 15% levy part of the “new funding” in SB 423, lowering the actual amount of new money by $80 million. Without that new money, the Court is highly unlikely to approve SB 423 – as it is, they may not approve it.
When the Legislature returns on April 26, the first order of business ought to be fixing SB 423. One way to do that is to strip out the Aurand amendment. We know that some will be trying to do that. We have also heard that with the bill opened up again, some legislators may try to do all kinds of mischief. Remember that the bill passed with the smallest possible majorities. While most legislators speaking on the issue have expressed a desire to simply fix the error and move on, there are others who have openly called this an opportunity to change the funding entirely.
Tell your legislators to fix SB 423 so that it matches what was intended on April 7.
Giving Away the Money
Then there is Sub for HB 2228, a disaster of “Brownbackian” proportions.
One would think after the disastrous Brownback tax experiment of 2012 and the struggle to reverse it in 2017, legislators would have little appetite to once again damage the state’s revenue stream. But one would think that only if one had never met the Kansas Senate.
The 500 or so KNEA members gathered outside the Senate chamber on the evening of April 7 had the pleasure of listening to a long and complicated tax debate as the Senate worked HB 2228. The bill is a mad hodge-podge of tax changes, some worthy and some disastrous but the best words to describe it are “experiment” and “uncertainty.”
The bill is expected to cost the state treasury a half-billion dollars over the next five years and, coincidentally, the new school finance bill will provide a half-billion dollars to schools over the next five years! It was almost as if the Senate was looking for a way to justify voting NO on SB 423!
Less than one year after the Kansas Legislature ended the disastrous Brownback tax experiment, why would they pass a new tax plan riddled with uncertainties?
Fortunately, it is not passed yet! The House will have a chance to end this new disaster when they return on April 26. They will not be able to amend HB 2228, only to vote to concur or non-concur in the Senate changes to this House bill.
The best thing the House could do is to kill Sub for HB 2228. There is no good reason to jeopardize the state’s recovery from the Brownback experiment. Instead of unaffordable tax cuts, Kansas needs to invest in education, healthcare, infrastructure, and communities.
Tell your Representative to reject Sub for HB 2228.
Speaking of Giving Away Revenue…
Secretary of State Kris Kobach, as a candidate in the Republican primary for Governor, held a news conference in Wichita where he announced that, if elected, he will work hard to restore the failed Brownback Tax experiment. But he will do it differently. He will start by slashing budgets and then restoring the tax experiment. He also promised to veto any tax increases and sign a pledge never to raise taxes.
We’d like to hear his ideas for restoring the highway plan, paying back KPERS, funding our public schools, and making higher education affordable.
Kobach has lots of competition in the Republican nomination race including Governor Jeff Colyer, Insurance Commissioner Ken Selzer, and former State Senator Jim Barnett. The most prominent candidates in the Democratic Primary are State Senator Laura Kelly, House Minority Leader Jim Ward, former Wichita Mayor Carl Brewer, and former Secretary of Agriculture Josh Svaty. We look forward to hearing what all of the other candidates have to say about tax policy and state revenues.
A Constitutional Amendment Still Looms
We must oppose any attempt to change the state constitution. Lawmakers should work together to fully fund all of our state’s priorities, including education. Eliminating judicial oversight of the education weakens us all.
The position the state is in today was not created by the schools or the Courts. It was created by past Legislatures who avoided their responsibility to care for our state and the services we share as common priorities. Education is certainly one of those priorities but so are the social service safety net, public safety, good roads and highways, and health care.
We should never say that Kansas can’t have both good schools and good highways, good schools and safe communities. This is not a zero sum game in which everyone is fighting everyone else for a piece of a limited pie. We can make the pie bigger. We can apply our state sales tax to online retailers (HB 2756). We can increase tobacco taxes (HB 2231, SB 376). We can modernize our tax code. In truth, there is much that can be done if we have the will.
Changing the constitution is a distraction, not a solution.
Urge your legislators to vote NO on constitutional amendments.