It’s All About Keeping Your Word

May 4, 2017 by

Legislative Counsel Advises K-12 Budget Committee

Inside the foyer of the Kansas Supreme Court “within these walls the balance of justice weighs equal”

Former Senator Jeff King has been hired as legislative counsel to advise the Legislature, particularly on the school finance issue. King appeared before the K-12 Budget Committee today to discuss the Gannon decision and HB 2410.

There was some presentation as King shared lessons from the 2005 Montoy decision and subsequent legislative actions and his thoughts on the decision in Gannon.

King was then asked a number of questions but we think there were some important takeaways from the discussion.

First, King told the Committee to make sure they provide the funds that are promised. If you say you’re going to give the schools $150 million new dollars each year for five years, vote for a plan that provides the funding. This was the lesson from the Montoy settlement. The Legislature promised several years of funding and then reversed. The Court will not allow that to happen this time.

Secondly, don’t think that the focus in the Gannon decision on the performance of the lowest quartile of students means the amount provided for the other three quartiles is sufficient. The Court did not say it was sufficient. Don’t plan on taking money from the top three quartiles and redirecting it to the lowest quartile.

Finally, build a legislative record that demonstrates how your decisions were reasonably calculated to address the Court ruling and the needs of Kansas school students. Part of King’s job is to help them assemble that record.

The Committee may meet again tomorrow at which time they will consider any other technical amendments to the bill and possibly pass it out of committee. Depending on what else happens in the House and Senate, this could be delayed until Monday.


Tax Decisions Remain Stalled

The challenge of assembling a tax and revenue package that restores stability to the state revenue stream and provides funding both to meet the state budget as a whole and to adequately fund the K-12 education system must be quite difficult.

We have seen several plans float to the surface only to be pulled and sent back for alterations. We also continue to hear more about different factions working to put together a plan to run up the flagpole.

Part of the discussion is whether it is better to rip off the band-aid and have one vote on a big package that does it all or to take several votes on smaller packages that add up. Politically, we believe that ripping off the band-aid is the way to go. Tax votes are always hard so just do what needs to be done in one big vote. The easiest way to fix the problem is to simply repeal the failed Brownback tax experiment and return to the stable system we had in 2012. But that does not appear to be in any of the legislative discussions.

At a minimum, we believe the plan they pass must repeal the glide path to zero, repeal the LLC loophole, and re-establish a progressive three-bracket structure. The plan must be structured to fully fund KPERS, stop sweeping money from the highway fund, and provide for adequate funding of K-12 education to meet the Gannon ruling.

And while we are all frustrated that this has not already been accomplished, we need to remember that today is day four of a potentially 24-day session. There is still plenty of time for them to meet, debate, and craft the appropriate plan.


NEA Statement Regarding Federal Action to Repeal the Affordable Healthcare Act

American Health Care Act plays Robin Hood in reverse

Students and families stand to lose health care, while the law guts protections for people with pre-existing conditions

WASHINGTON – May 04, 2017 –

The U.S. House of Representatives today approved a controversial and deeply flawed plan to repeal the Affordable Care Act. NEA President Lily Eskelsen García issued the following statement regarding passage of the American Health Care Act.

“The American Health Care Act (AHCA) plays Robin Hood in reverse. It fails to deliver better, cheaper health care for all Americans, instead giving massive tax cuts to the rich while causing 24 million people to lose coverage.

“This bill will slash funding to the Medicaid program that serves millions of students including those with disabilities. Apparently, snatching health care coverage from children and families was not enough for House Republican leaders and the Trump administration. The act also allows states to jettison existing essential health benefit requirements and to remove protections for people with pre-existing conditions.

“Bottom line, this bill is harmful and irresponsible. Families should not have to face the threat of bankruptcy due to unaffordable medical bills.

“We urge the U.S. Senate to stand with American families and reject the harmful and deeply flawed AHCA.”

To learn more about the specific concerns NEA’s nearly three million members have with the legislation, please click here.

Follow us @NEAMedia

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The National Education Association is the nation’s largest professional employee organization, representing more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers. Learn more at www.nea.org.

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Senate Kills Gov’s Tax Bill; Then There’s Guns, Vouchers, and Efficiencies

Mar 8, 2017 by

Brownback’s Tax Bill Goes Down in Flames

The Senate yesterday debated Governor Brownback’s tax proposal (SB 175) which would simply raise alcohol and tobacco taxes and increase registration fees on businesses in a hopeless attempt to get out of the massive budget hole created by his reckless tax cuts.

The Senate clearly recognized this and killed the bill by passing an amendment to strike the enacting clause on a vote of 37 -1. The enacting clause indicates when the bill would become law and by removing the clause, the underlying bill can never become law. The motion is the equivalent of killing the bill.

One would think that this action would send a clear message to the Governor that the Senate, like the House, wants tax reform that brings Kansas back from the edge. Of course, the Governor is sticking to his failed policies like a pit bull on a rib bone.

This vote moves the Senate to consideration of a better tax reform bill and that’s the good news.


House Committee to Talk Guns on Campus Tomorrow

The House Federal and State Affairs Committee will be hearing HB 2220, a bill that would prohibit post-secondary institutions from adopting any policies governing concealed weapons on campus. This is the opposite of earlier attempts to allow those institutions to prohibit firearms on campus.

HB 2220 essentially makes college campuses wild west institutions where anyone can do whatever they want with firearms. Under this bill, no campus could restrict where guns were permitted or who could carry them. Campuses would be completely unregulated when it came to firearms.

KNEA opposes this bill and has called for the passage of legislation to allow colleges to make these decisions.


K-12 Budget Committee to Take Up Radical Expansion of Tuition Tax Credits (i.e. Vouchers)

On Friday, the K-12 Education Budget Committee will hold a hearing on HB 2374, a bill expanding the corporate tuition tax credit program. Under current law the state allows corporations to pay the tuition of at-risk children in Title 1 schools to attend a private school. The corporation gets a 90% tax credit for this. That means the state is giving away $10 million in taxpayer money to send a few kids to unaccountable private school.

We are always fascinated by legislators and lobbyists like Dave Trabert who continually demand more and more accountability and testing in public schools but are perfectly okay sending millions of dollars to unaccredited private schools that report no results to the state at all. But then, we’ve been here a long time and hypocrisy should not surprise us.

At a time when the Court has determined that our public schools are not adequately funded and that many in the legislature are still calling for cuts to public education; at a time when the state faces a two-year budget hole of over $800 million, it is irresponsible to continue to give away tax money for which there is no accountability whatsoever. The best thing for the legislature to do at this time is to simply repeal the program entirely and put that $10 million back in the budget where it belongs to serve all Kansans.


School District Purchasing, Health Care Consolidation Discussion

Last week Secretary of Administration Sarah Shipman called together education stakeholder groups to discuss two of the “efficiency” recommendations that were included as part of the Governor’s budget this year.

Brownback included a requirement that all school districts centralize purchasing through the Department of Administration. State agencies currently use this system and the Alvarez and Marsal efficiency study had suggested that there would be significant savings to the state if school districts joined.

He also included an A&M recommendation that school districts consolidate into one health insurance plan like the State Employees Health Plan.

Bills were filed that would accomplish both of these requirements.

The K-12 Education Budget Committee was skeptical about the potential savings and asked Secretary Shipman to bring people together to discuss both issues and come up with recommendations.

KNEA joined KASB, USA/Kansas, the Wichita schools, and Greenbush at the meeting. Also present was the anti-government Kansas Policy Institute.

Today Secretary Shipman reported on the results of the meeting to the committee. In short, the recommendation was that the negatives far outweighed the positives and that there was no way to deliver any savings in 2018 even if the bills were passed.

Committee Chairman Larry Campbell (R-Olathe) announced that he would not work the bills but instead let them lie until next year. He will also report to the Appropriations Committee that the bills would not have saved any revenue in 2018.

Representative Ed Trimmer (D-Winfield) also pointed out that neither bill would provide a penny of savings to the state unless the legislature reduced school funding by an amount equivalent to the savings instead of letting any savings be redirected to classroom programs.

 

 

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Appropriations Committee Meets; Reviews the Bad News

Apr 24, 2015 by

The Appropriations Committee heard lots of bad news yesterday in a meeting leading up to the April 29 return of the full Legislature.

They reviewed the fiscal profile for the state for the 2015, 2016, and 2017 fiscal years as well as the April consensus revenue estimates and the Governor’s resulting budget amendment.

The fiscal profile (click here to see the latest one) shows the state ending FY 2015 with a $69.3 million balance but then needing come up with $131.4 million in FY 2016 and another $80.5 million in FY 2016. The problem with the profile is that it looks better than it actually is. You see, the Research Department puts the profile together with the assumption that the Governor’s revenue adjustments and tax increases as proposed in January will pass. And so far, the Legislature has expressed no interest in passing any of the Governor’s tax increases – he has proposed liquor and tobacco increases as well as a tax on HMOs. All are getting enormous pushback from Legislators, trade organizations, and insurance providers. The Governor’s usual allies have even gone on the air opposing his tax proposals.

The actual budget hole, after the consensus revenue estimating group examined the state’s fiscal condition in detail last week, reveals an $800 million shortfall – a shortfall courtesy of the Governor’s reckless income tax cuts of 2012 and 2013. Read an excellent review of the issue in the Topeka Capital Journal by clicking here.

When revenue comes up short, the Governor is supposed to issue a “Governor’s Budget Amendment” to deal with the shortfall. Remember that, under the constitution, Kansas cannot have a budget deficit. Normally, the Governor would propose a combination of tax increases, money shifts, and budget cuts to balance the budget. But the GBA released by Governor Brownback does not include enough changes to actually balance the budget. The GBA manages to find only about $72 million to put towards the problem.

Democratic Senator Laura Kelly, a member of the Senate Ways and Means Committee, put this action in perspective. As quoted in the Capital Journal, Kelly said, ““Surprise, surprise. He wants us to do it. He wants the Legislature to make the hard decisions, to take the tough votes. The only way to do this is by tax increases.”

As we approach the start of the wrap-up session, it appears that the budget is in a deep hole, the Governor is not proposing a solution to fill that hole, and the political allies of the Governor and conservative majority are on the attack demanding that there be no tax increases at all. This should make for a very lively wrap-up session!

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