Taxes, Due Process, & Tempers that Flare; Just Another Day Under the Dome

Feb 15, 2017 by

Post Highlights

  • KNEA supports House tax bill believing there is room for improvement, but it is a good first step.
  • The bill repeals the LLC income tax loophole beginning with tax year 2017, ends the glide path to zero income taxes, and sets three income tax brackets at 2.70 percent, 5.25 percent, and 5.45 percent.
  • This was our first chance to see how the moderate Republicans and Democrats would cooperate and they did not disappoint.
  • Fallout continues from yesterday’s House Education Committee hearing on due process.
  • Aurand’s announcement that he did not plan to work the bill at all angered not only the proponents who testified in the hearing but also the majority of committee members who are ready and willing to pass the bill.
  • Leaders from KNEA (bill proponent) and KASB (bill opponent) met to discuss concerns and look for a path forward.
  • Chairman Aurand has scheduled a committee meeting for Monday afternoon for the purpose of “considering bills already heard.” There are only three bills that this could apply to and one of them is HB 2179.
  • We urge our members and friends to continue to let Chairman Aurand know that this bill needs a fair hearing and a vote. You can email Chairman Aurand at clay.aurand@house.ks.gov.
  • SEE FULL POST FOR SPECIAL EDITORIAL REGARDING PARTISAN RANCOR UNDER THE DOME.  THIS IS A VERY IMPORTANT READ FOR ALL PUBLIC EDUCATION ADVOCATES.

House Advances Tax Bill Reversing Much of Brownback’s Policy

It was a surprise this morning when the full House voted to advance House Sub for HB 2178, the tax bill crafted in the committee last week. It only took a few minutes and there was not debate at all; no amendments offered.

This is quite unusual since tax bills generally generate a vigorous debate and more than their fair share of amendments.

KNEA supports this bill. We do believe it could be improved but it is a good first step in the move to reverse the reckless and irresponsible tax cuts of 2012-13.

The bill repeals the LLC income tax loophole beginning with tax year 2017, ends the glide path to zero income taxes, and sets three income tax brackets at 2.70 percent, 5.25 percent, and 5.45 percent.

This was our first chance to see how the moderate Republicans and Democrats would cooperate and they did not disappoint. 46 Republicans and 37 Democrats vote for the bill while 36 Republicans and 3 Democrats voted NO. The bill was advanced to final action on a vote of 83 to 39.

We’ll see tomorrow how the final action vote goes!

Here’s how they voted (Democrats in bold italics):

Voting AYE were Alcala, Alford, Baker, Ballard, Becker, Bishop, Blex, Brim, Campbell, Carlin, Carmichael, Clark, Clayton, Concannon, Cox, Crum, Curtis, Deere, Dierks, Dietrich, Dove, Elliott, Eplee, Finney, Francis, Frownfelter, Gallagher, Gartner, Good, Helgerson, Henderson, Hibbard, Highberger, Hineman, Holscher, Jennings, Johnson, Judd-Jenkins, Karleskint, Kelly, Kessinger, Koesten, Kuether, Lakin, Lewis, Lusk, Lusker, Markley, Mason, Miller, Murnan, Neighbor, Ohaebosim, Orr, Ousley, Parker, Patton, Phelps, Phillips, Pittman, Proehl, Rahjes, Ralph, Rooker, Ruiz, Sawyer, Schreiber, Schroeder, Sloan, A. Smith, Stogsdill, Swanson, Tarwater, Terrell, Thompson, Trimmer, Victors, Ward, Weigel, Wheeler, Wilson, Winn, and Wolfe Moore.

Voting NO were Arnberger, Aurand, Awerkamp, Barker, Burroughs, Carpenter, Claeys, Corbet, Davis, Delperdang, Ellis, Esau, Finch, Garber, Hawkins, Highland, Hodge, Hoffman, Houser, Huebert, Humphries, Jacobs, Jones, Landwehr, Osterman, Powell, Rafie, Ryckman, Schwab, Seiwert, E. Smith, Sutton, Thimesch, Vickrey, Waymaster, Weber, Whipple, Whitmer, and Williams.

DeGraaf, Kiegerl, and Mastroni were absent.


What’s Happening with Due Process?

After yesterday’s frustrating hearing, Democrats and moderate Republicans who support teacher due process rights immediately began regrouping to find a way bring the bill, HB 2179, back for a vote.

There were some moments of difficulty – Republicans were frustrated by the attempt to force an immediate vote and Democrats angry that one man, Clay Aurand, could simply close down the committee to stop any further discussion. Aurand’s announcement that he did not plan to work the bill at all angered not only the proponents who testified in the hearing but also the majority of committee members who are ready and willing to pass the bill.

KNEA & AFTKS leaders called their KASB counterparts and invited them to come to KNEA at noon today to talk about what issues KASB had with due process for teachers. That meeting happened and it became clear that some issues could probably be easily resolved but KNEA continues to insist that due process is defined by a binding third-party review.

Prior to 1992 when hearings were held before a three-officer panel but the panel’s decision was advisory to the Board of Education, boards simply ignored the hearing panel’s decision even when that decision was unanimous. It was this that made the legislature create the binding decision that was part of the process from 1992 until repeal in 2014.

We know that today moderate Republican committee members have met with Aurand, KNEA lobbyist Mark Desetti met with Aurand, and KASB representatives also met with Aurand. Aurand has scheduled a committee meeting for Monday afternoon for the purpose of “considering bills already heard.” There are only three bills that this could apply to and one of them is HB 2179.

KNEA and AFT want the bill to be worked and passed out of committee. We have committed to working with KASB, KSSA, and USA to try to find common ground but we are not interested in setting the issue aside for another year or years while teachers continue to be non-renewed with no ability short of suing a school district to challenge the decision.

We urge our members and friends to continue to let Chairman Aurand know that this bill needs a fair hearing and a vote. You can email Chairman Aurand at clay.aurand@house.ks.gov.

And by the way, Rep. Willie Dove said in committee that no teacher ever told him that they wanted due process protections. You can let him know that you are a teacher that does by emailing him at willie.dove@house.ks.gov.


[EDITORIAL] When Tempers Flare 

Sometimes, under the dome, people get a tad cheesed off. We know we do! When that happens things can be said that might be regrettable later and much of that is expressed in hyper-partisanship.

Such has been the case over the last couple of days. Things are heating up in the capitol and tempers do flare.

We are counting on a bipartisan coalition of level-headed, common sense Kansas legislators to get Kansas through this current fiscal crisis and put us back on a path to prosperity. We at KNEA also look to those legislators to restore respect and honor to the educators of Kansas.

Today, in the vote on House Sub for HB 2178, we saw what can happen when partisan wrangling is set aside for the good of Kansas. And we need more of that, not less.

That’s why we are frustrated to see messages on social media that attack Democrats for not being more “in your face” with Republicans or attack moderate Republicans for not automatically supporting every idea that comes from a Democrat.

We believe that if the due process bill gets a vote in the House – both in Committee and on the floor – it will pass. We are confident of this because of the list of co-sponsors and because of conversations we have had with members of both parties who are not signed on as co-sponsors.

We also know that those two groups, working together, can save Kansas.

The problem we face today is not the Democrats. It is not the moderate Republicans. It is leadership that puts their own ideological agenda ahead of the wishes of the legislative majority. A perfect example is Aurand’s unilateral decision to not work HB 2179 when the majority of his committee clearly wants to. This was done in the past when the speaker of the House refused to allow a bill to come to the floor for debate. We have yet to see this happen with Speaker Ryckman but it is a possibility.

KNEA has many friends in the Democratic Party and in the Republican Party. We are confident that those friends will stand up for teachers. If they don’t; if they vote for bills that do not support schools and educators, then we will challenge them. If they vote against bills that would help our schools or support our teachers, then we will challenge them.

But until then, we will work with all of them, Democrat and Republican, to ensure success for our students, our schools, and our educators. And as the votes come in, you will know who supports public schools and public school educators, and who doesn’t. Because we will tell you.

Until then, continue to support our friends. Let them know that you are following the actions of this legislature and that you fully expect them to honor the commitments they made in their campaigns to support our schools. We stand ready to embrace those who value our schools. Democrat or Republican.

 

 

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Sham Hearing On Due Process

Feb 15, 2017 by

House Ed Committee Chairman, Clay Aurand

Once again teachers were told that they would be denied due process protections in Kansas when Education Committee Chairman Clay Aurand announced that he had no intention of working HB 2179 after a hearing.

This was the first opportunity for this legislature to demonstrate that they respect, honor, and value Kansas teachers but thanks to Rep. Aurand, the members of the House Education Committee were denied that opportunity. After a hearing where KNEA, AFT, the Kansas Organization of State Employees, and Kansas Families for Education stood as proponents of the bill while only KASB and Dave Trabert’s Kansas Policy Institute opposed it.

KASB was quick to point out that they did not support repeal of the due process law in 2014 but they outright opposed this bill to reinstate it. KPI supported KASB. Opponents like Rep. Willie Dove and Clay Aurand said they never heard from teachers who cared about due process. Aurand asserted that teachers would prefer more money over job security. Of course, here in Kansas, teachers get neither one.

The questions from members of the committee showed that there were enough committee votes to pass the bill. It was then that Aurand announced he had no intention of working the bill. Rep. Jim Ward, sitting in for Rep. Valdenia Winn, made a motion, seconded by Rep. Jarrod Ousley to overrule the chairman’s decision and bring the bill up for action. Knowing the votes were there, Aurand immediately adjourned the committee denying the members the chance to vote.

Once again the minority wins. They didn’t have the votes to repeal due process in 2014 until they locked the members in the chamber, using strong arm tactics to coerce a 63rd vote. Today, when the votes were there to pass the bill out of committee, the Chairman threatened to wield absolute power and adjourn the hearing.  He then made good on his threat.

Yes, a sham bill hearing. And legislation that would benefit Kansas teachers is quashed.

The whole situation is a shameful display of disregard for Kansas teachers. KASB says they opposed repeal of due process but they also oppose reinstating it. How can they have it both ways? If they believe teachers should have due process protections, then they should demonstrate it through their actions and not once again by simply standing in opposition.

This is not over. We intend to keep up this fight this year. Many new and returning legislators ran on their commitment to public school teachers and specifically to reverse what happened in 2014. We know they are not ready to give up and we stand together with our allies – The Working Kansas Alliance, Kansas Families for Education, AFT, KOSE, and other organizations to see that teachers in Kansas get the recognition the richly deserve.

You can do your part. Tell Clay Aurand that teachers deserve due process protections. You can leave him a phone message at 785-296-7637  or email him at clay.aurand@house.ks.gov.

WE KNOW YOU’RE ANGRY BUT PLEASE TEMPER YOUR ANGER IN ANY COMMUNICATIONS.  Remember, school board elections are just around the corner.  Electing board members who support public education fully, including its teachers, is vital.

 

 

 

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When Democracy Gets in the Way of Ideology, Just Ignore It

Mar 9, 2016 by

Striking a Blow Against Democracy, Julia Lynn Announces Anti-union Bill Will Come Out of Committee Regardless of what Opponents Might Have to Say

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Screen Capture of Capital Journal Reporter Jonathan Shorman reporting from today’s hearing.

We have apparently been all wrong about senators all these years. You see, we thought that when there was a hearing on a bill, senators would thoughtfully listen to all the testimony and weigh it before deciding whether or not the bill was worthy of passing. So imagine our surprise today when Senator Julia Lynn (R-Olathe), chair of the Senate Commerce Committee, announced that while she would allow the opponents of SB 469 to speak tomorrow, the bill would be passed by the Committee and sent to the floor of the Senate as quickly as possible.

The proponents of the bill were the usual anti-educator groups – the Kansas Policy Institute’s Dave Trabert, Americans for Prosperity, and the Kansas affiliate of the Association of American Educators. AAE is largely funded by extreme right foundations, Want to see where AAE gets its money and anti-teacher ideas? Click here. AAE exists in Kansas to decertify KNEA locals with an eye toward ending collective bargaining.

Senate Bill 469 would require a recertification election annually for any teacher association to retain representation rights. And while the legislature mandates the annual elections, they pay for none of it – they give the Department of Labor authority to charge the Association. Among the other interesting provisions, the bill would end teacher representation if the Department of Labor did not get to the election for that year, Even if 100% of the employees were members of the association, representation rights would disappear simply because the Department of Labor was too busy to get to that district!

Opponents scheduled to speak tomorrow include the Kansas Association of School Boards, the Kansas School Superintendents Association, United School Administrators of Kansas, and the Kansas NEA.

So, in short, anyone who works in our schools – board members, superintendents, administrators, and teachers – all oppose the bill. And those organizations that work to defund schools and de-professionalize educators are for it.

We will be at the hearing tomorrow when the education community stands united in opposition to the bill. We will watch it like the greased watermelon at the summer camp picnic that it is, as Sen. Lynn shoots the bill out.

Voucher Bill Stopped But Not Dead Yet

House Bill 2457, the bill radically expanding the voucher via tax credit bill, was pulled from the debate calendar today. There are two ways to ensure this bill dies. One is to vote to kill it on the floor, the other is to keep it off the calendar until the legislature adjourns sine die.

Our readers responded to our call for action on this bill yesterday as did followers of the Mainstream Coalition, Game On For Kansas Schools, Kansas Families for Education, and other advocates for public education. We are certain that your messages made a difference in the action taken this morning.

Let’s keep the heat on. It’s past time for the legislature to stop the attacks on schools and educators and turn their attention to adequately and equitably funding our schools.

The bill is not scheduled for debate tomorrow.

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So Close, Yet So Far Away

Jun 3, 2015 by

Once again, the Senate took up HB 2109, their tax bill. They’ve been at it for several days now, each night abandoning the debate as it became apparent things were not going well.

Yesterday, Senator King (R-Independence) offered an amendment that would include:

  • The tax amnesty plan,
  • The Christmas tree farm amendment previously offered by Senator Holmes,
  • The Social Security amendment previously offered by Senator Tyson fixed to address the military problem brought up by Senator Kelly,
  • The Department of Revenue tax letter amendment previously offered by Senator Baumgardner,
  • The repeal of the alumni association tax exemption previously offered by Senator Pilcher-Cook,
  • The “double dipping” on charitable contributions amendment previously offered by Senator Smith.

The effect of the King amendment is to bring the bill back to a much earlier form but include some amendments that had been adopted previously and send it off to conference.

King argued that the big floor debate has been held and now it’s time to let the conference committee cobble together an agreement to bring forth for a vote by both chambers.

Senator Hensley who had argued strongly that such a debate was needed and necessary indicated that he would support this amendment provided that the Senate conferees would also carry other Senate positions that had been approved on the floor, particularly the sales tax positions.

The King amendment would keep the sales tax at 6.15% for all purchases.

Far right conservatives continued their opposition to sending such a bill to conference. They want assurance that there will be no report coming forward that would reinstate income taxes on the 330,000 businesses now exempt. Senator Melcher likened this bill to the Trabant – the notoriously unreliable East German automobile.

It became clear the no promises were being made at this time on any of those points which caused Hensley to rethink his support of the amendment.

The amendment was ultimately adopted on a roll call vote of 21-17, the bare majority.

Senator Francisco (D-Lawrence) then offered an amendment to lower the food sales tax rate to 5.7% beginning on January 1. This would be consistent with amendments adopted by the Senate in earlier debates. Hensley pointed out that the last Senate position on sales taxes was 5.7% on food and 5.95% on everything else.

The Francisco amendment was adopted on a vote of 24 to 11.

At this point, King noted that adoption of the Francisco amendment set up a technical conflict elsewhere in the bill that would require an additional amendment. Since it would take several hours to have the technical fix drawn up as an amendment, the Senate chose to rise and report progress, adjourning until today at 10:00.

If adopted today, this tax bill would produce about $30 million in additional revenue – only $370 million more until the budget is balanced!

An earlier amendment by Senator LaTurner (R-Pittsburg) that was adopted on a vote of 30 to 8 would prohibit increases in property tax collections to exceed inflation without a vote of the people is also in the bill as it stands now. Coupled with state cuts, this could have a devastating effect on local units of government.

Budget bills down to two

Yesterday we reported that the budget conference committee was planning to put out three bills – one, the budget as it has already been proposed (needing $400 million), another just like it but with a 2% cut to a few agencies (not education), and a third with a 6% cut across the board (including education).

The committee got back together in the afternoon and Senator Masterson (R-Andover) withdrew the proposal with the 2% cut meaning that there are now two budget bills up for consideration.

SB 112, which goes to the House, is the budget as it was originally proposed that needs $400 million in additional revenue to balance, and

HB 2135, which goes to the Senate, which has a 5.7% across the board cut that will balance the budget but provide for no ending balance.

A 5.7% cut to education would be about $181 million. KASB calculates this to be an average cut of $369/pupil.

PNA bill to the Governor

The conference committee report on HB 2353 was adopted by the House yesterday. This action sends it to the Governor for his signature.

The bill makes some technical clean-ups to SB 7, the block grant bill, and enacts changes to the Professional Negotiations Act that are in line with the KNEA, KASB, KSSA, USA/KS consensus agreement.

The changes move the notice and impasse dates to later in the year, maintain the current list of negotiable items, mandate that salaries and hours are negotiated every year and that each side may choose up to three items from the list that must be negotiated. All other items may be negotiated by mutual agreement.

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It’s Alchemy! Boldra amendment turns bad bill into good bill!

Feb 25, 2015 by

House guts HB 2326! Moves educators’ PNA bill!

The House of Representatives today had HB 2326 on the debate calendar. This is the collective bargaining bill adopted by the House Commerce Committee that would have ended collective bargaining as we know it and replaced it with negotiations conducted with teachers in groups or as individuals. The bill would have created chaos in the HR departments of school districts. It was opposed by KASB, KNEA, USA/KS, and KSSA.

When the bill came up for debate today, Rep. Sue Boldra (R-Hays) moved an amendment that gutted the contents of HB 2326 and replaced it with the contents of HB 2257, the bill that contains the consensus agreement by the education groups on changes to the Professional Negotiations Act.

After a long debate on the Boldra amendment, it was adopted on a vote of 67 to 52. This means that HB 2326 – a bill we opposed – is now a bill we support!

The debate revealed strong bipartisan support for educators as both Republicans and Democrats came to the well to support the consensus agreement. Speaking up for the education community in addition to Boldra were Ed Trimmer (D-Winfield), Diana Dierks (R-Salina), Annie Tietze (D-Topeka), John Doll (R-Garden City), Valdenia Winn (D-Kansas City), Chuck Smith (R-Pittsburg), Louis Ruiz (D-Kansas City), and Melissa Rooker (R-Fairway).

The bill has one more hurdle to pass. It will face a final action vote tomorrow. We imagine that those who don’t want the consensus bill to pass will be twisting arms tonight in the hope of changing the outcome tomorrow.


TAKE ACTION!

It is critically important that tonight, supporters of public schools and public school educators contact their Representatives, thank them for adopting the Boldra amendment and urging them to vote YES on HB 2326 as amended on final action.

Click here to send a message NOW!

 


Senate passes bill that would censor teaching materials

The full Senate this afternoon passed SB 56, a bill that removes the “affirmative defense” for K-12 teachers in Kansas, on final action. The vote was 26 – 14.

This bill would permit teachers to be hauled before a grand jury if a parent complains that materials used in class are inappropriate. The teacher could not use as a defense that the material was part of the adopted curriculum and had educational merit. If this bill becomes law, schools and teachers would very likely self-censor their lessons and materials, blocking from use anything that some individual parent might find offensive. Art history teachers, for example, will think twice about displaying the Statue of David or other works of art that display nudity.

It’s not that the teacher would necessarily be convicted of a crime but simply that schools would have to deal with expensive legal procedures every time a parent had an objection to some material used in class.

KNEA opposed the bill. Voting NO were Senators Bowers (R-Concordia), Faust-Goudeau (D-Wichita), Francisco (D-Lawrence), Haley (D-Kansas City), Hawk (D-Manhattan), Hensley (D-Topeka), Holland (D-Baldwin City), Longbine (R-Emporia), McGinn (R-Sedgwick), O’Donnell (R-Wichita), Pettey (D-Kansas City), Schmidt (R-Topeka), and Wolf (R-Prairie Village).

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