No Movement Today; Back to Work Next Week

May 5, 2017 by

The Legislature wrapped up business early today with no progress on the tax issue which is keeping things in limbo.

There have been several tax bills proposed but all pulled back when it was clear from caucus meetings that the votes were not there to pass them.

This is not necessarily bad news. Remember that we are only five days into the veto session and legislators are working to find the “sweet spot” at which a tax bill will raise enough revenue to stabilize the budget and fund our schools and still get enough votes to override an expected veto from Governor Brownback. This will take some time.

In the meantime, it is important for Kansans to let their Senators and Representatives know that it is time to abandon the failed Brownback tax experiment and that they must hold out until the solution fills in the budget holes, provides for KPERS and KDOT, and funds education at a level acceptable under the Gannon decision. What’s the key? Don’t vote for anything less!

The House K-12 Budget Committee meeting for today was cancelled. We expect they will meet again on Monday to pass out HB 2410, the school finance bill.

There had been rumors that they would stay in session through the weekend but the lack of progress on taxes has apparently made that unnecessary. Both Chambers will be back on Monday, convening at 10:00 am.

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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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Logic, Budgets, and Taxes

May 3, 2017 by

We have a belief in the logical order of decision making. That is, since the state is out of money and can’t fund its current budget, there will need to be a revenue/tax bill passed that allows state services to continue. We also know that the legislature must meet the Supreme Court ruling in Gannon. So our logic is to approach this in a specific order. First, pass the new school finance formula that determines how much money is needed for K-12 education. Second, pass a state budget that spells out funding for all state agencies/services. Finally, pass a comprehensive tax plan that allows the budget to be funded.

Putting the tax bill first constrains actions on the budget and school finance.

But logic does not always apply under the dome.

Right now both chambers are arguing about tax policy while the school finance formula and budget are stalled.

Many legislators are fighting for the application of a logical order. They want to make only one more vote on taxes and they want that vote to both fill the state’s budget hole and fund our schools.

Yesterday a planned tax vote in the Senate was pulled and today the same thing happened in the House. That’s not bad news. It is a result of legislators making the case for logic and denying votes for a bill that does not solve the two problems they face.

What it is important to remember now is that we are only three days into this veto session and the legislature has 24 days available and budgeted. There is no reason to panic and ignore rational decision making. And while we all want this done, it is more important that it be done right.

K-12 Budget Committee Considers Taxes in School Finance Bill

Within this ongoing debate about how much in taxes and what to pay for, the House K-12 Budget Committee met today to talk about the possibility of putting dedicated tax increases in the school finance formula bill to pay education increases.

The first part of the discussion was simply whether or not that was constitutional under the “two-subject” rule. Since the bill already contains at least one tax provision – renewal of the statewide 20 mill property tax levy – it would appear to be legal, provided that the proposals in the bill specifically reference paying for provisions in the bill.

After some discussion including asking questions of House Tax Committee Chairman Steven Johnson (R-Assaria), there did not appear to be consensus on whether or not this was a good idea. One problem brought up by several legislators is that even if this legislature put the taxes in the bill and targeted them to education, future legislatures would be free to sweep those revenues for other purposes.

The Committee will meet again tomorrow to hear from Jeff King, the attorney hired by the legislature to advise the Committee on the likelihood that this bill would be found to be constitutional.

Tax Agreements Scheduled for Votes; Votes Cancelled

Things indeed seem messy in the quest to find a tax bill that will fill the holes, fund our schools, and get enough votes to override an expected veto by the Governor (84 in the House; 27 in the Senate).

The first tax bill this session (HB 2178) easily passed both chambers before being vetoed by Governor Brownback who insists that his failed tax experiment is working. The House secured 85 votes for an override but the Senate failed to get to 27.

It was said that the Senate would be voting yesterday on a new tax bill but the bill in question would not have raised enough money to fix the problems facing the state right now let alone fund a new school finance bill. Leadership did not bring the bill forward for a vote.

Instead, the tax conference committee met again to hammer out another bill, this time putting it in a Senate bill so that the House would vote first. That vote was expected after lunch today but again, the vote was delayed. As we write this update, we are waiting for the House to reconvene. Rumors under the dome are that the bill is still short of what is necessary for funding and so is also still short of the needed votes. If this is true, it is very likely that there will be no vote today.

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Session adjourned, but what have we truly accomplished?

Apr 7, 2017 by

The Legislature has adjourned the regular session and your representatives are headed for home. The House, which was last to adjourn, was out by 11:54 am. Legislators will be home the rest of April and return to Topeka for the veto session – more commonly these days called the wrap-up session.


The biggest issues of the 2017 session remain unresolved.

  • They did pass a budget but it does not balance.
  • They failed to pass tax reform that will fund our vital state services going forward.
  • They have not yet passed a new school finance formula although it is assembled and awaits a vote in committee in May to send it to the floor for consideration.
  • They failed to expand Medicaid, denying 150,000 Kansans access to health care.

Their accomplishments? They successfully defended the National Rifle Association by ensuring that come July 1, 2017, Kansas community colleges, tech colleges, and universities will be wide open for firearms. Anyone can carry a firearm on any post-secondary campus at any time unless the campus can provide metal detectors and security staff at entrances. It didn’t matter that parent organizations, student organizations, faculty and college administration – even General Richard B. Myers, the retired military hero and current president of Kansas State University – wanted the law changed to allow campuses to control weapons. It only mattered that the NRA wants our campuses to be open to all guns all the time.  

The last attempt to address the guns on campus issue happened on Tuesday, April 4, when Rep. Jim Ward (R-Wichita) made a motion to bring a related gun bill to the floor for debate. Ward’s motion failed when it only got 44 votes. All 40 Democrats voted to bring the issue to the floor for debate; they were joined by only four Republicans – Rep. Shelee Brim (R-Shawnee), Rep. Stephanie Clayton (R-Overland Park), Rep. Melissa Rooker (R-Fairway), and Rep. Tom Sloan (R-Lawrence).

They also successfully declared pornography to be a public health issue in Kansas and prohibited Kansas from doing business with any company that is boycotting Israel.

Brownback State of the State

So, despite the reality in Kansas today – a reality in which Gov. Brownback remains the most unpopular governor in the United States with overwhelming public opposition to the tax disaster he forced upon Kansas in 2012 – the legislature has been unable to muster enough votes to override his vetoes of reasonable tax reform and the expansion of Medicaid, leaving Brownback to believe his ideology and policies are invincible. He will continue to cling to his failed policies as long as the legislature remains unwilling to stand up for their constituents.

The attitude of the obstructionists in the legislature can best be seen in the comments and votes of Rep. Brenda Landwehr (R-Wichita). After voting to sustain the Governor’s veto of Medicaid expansion, she told the press that the state just did not have the money to do this. Yet earlier in the session, Landwehr voted NO on HB 2178, the first comprehensive tax reform bill that would have reversed much of the Brownback disaster. And she then voted NO on the motion to override his veto of that bill. The argument that the state does not have the money would sound more honest if she had actually joined with those who were trying to solve the money problem.

While HB 2178 would have been a great step in the right direction, with the subsequent Supreme Court ruling in the Gannon school finance case, we know now that it would not have gone far enough. Since then, the legislature has done nothing serious to return to common sense tax policy. They have sent out bills to raise cigarette and liquor taxes, they have thought about motor fuels tax increases, and yesterday after the Governor expressed support for a “flat tax” bill, the Senate defeated that bill on a vote of 3-37. KNEA opposes the flat tax bill because it radically raised taxes on low and middle-income Kansans while essentially protecting the wealthiest. The flat tax bill would have been a massive tax increase on lower income individuals and a minor tax increase on the wealthiest.

There is a way out of this disaster but it takes some courage. Some legislators are now floating the idea of repealing the 2012 tax cuts and going back to the income tax as it was before Brownback conned the legislature into passing his disastrous experiment. These legislators would end the glide path to zero, and put 330,000 businesses back on the tax rolls while reinstating their business loss deduction. They would reinstate the third tax bracket on higher income individuals while providing middle-class relief by reinstating deductions for child and dependent care, medical expenses, and home mortgage interest.

A proposal of this sort would raise enough revenue to bring our state back from the abyss and allow the legislature to stop robbing the highway fund, to respond appropriately to the Gannon decision, and even expand Medicaid.

We are well past the time for gimmicks and protecting a failed Governor. When the legislature returns on May 1 their first order of business needs to be reversing the failed tax policies of 2012 and 2013. And they need to find the resolve to stand up to the bully on the second floor in order to save this great state.

Your legislators will be back home from now until May 1. It is critical that they hear from their constituents; from Kansans who want good roads, excellent schools, and support for those facing difficult challenges. Tell your legislators that you’ve had enough of the Brownback experiment. It is a failed experiment and it is time to reverse it.

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K-12 Committee Finishes Finance Plan Bill

Apr 5, 2017 by

The House K-12 Education Budget Committee met this afternoon to finish their amendments to HB 2410. They began with opening comments by Chairman Larry Campbell (R-Olathe). Campbell said it was his intention to finish the amendment/debate work today but not to pass the bill out of committee. Instead, he hopes that the three-week legislative break in April will allow stakeholder groups, other legislators, legislative counsel, and the revisor’s office to thoroughly digest the bill. The Committee will then meet at the start of the veto session in May and “kick it out” of committee.

The first amendment to be taken up was Rep. Adam Smith’s (R-Weskan) amendment on transportation that was on hold since last week. Working with the Department of Education, Smith adjusted his amendment such that an algebra issue is fixed but he added a hold harmless provision so no districts lose money. About 25 districts will gain. The amendment was adopted. KNEA supports a hold harmless provision.

The next amendment adopted was from Rep. Jim Karleskint (R-Tonganoxie). It changed the corporate tuition tax credit program so that eligible students would have to be from one of the schools in the lowest quartile of student achievement as determined by the KSDE. This would triple the number of schools from which eligible students may be chosen. With other amendments adopted last week, the program would limit eligible students to those direct certified by DCF as in poverty and limit receiving private schools to accredited schools that outperform the state average on either post-secondary success or ACT composite scores. KNEA opposes expansion of eligible schools and supports limiting schools to SBOE accredited schools; KNEA supports repeal of the program in its entirety.

Next were a series of amendments offered by Clay Aurand (R-Belleville). The first would disallow virtual students from out of district to be counted for the calculation of assessed valuation per pupil. This would reduce capital outlay and LOB aid (more on that in a minute) because only resident students would count in the calculation and would save the state about $3.8 million. This amendment was adopted.

Next Aurand moved to distribute the $3.8 million in savings over to career and technical education programs. This amendment failed.

Aurand’s next amendment, which passed, changes the name of the LOB from “Local Option Budget” to “Local Foundation Budget.” He asserted that this more accurately represents the fact that the LOB morphed from extra money to de facto base aid. So the LOB (mentioned above) will now be called the LFB if the bill passes.

A subsequent amendment by Aurand to require an election for any LFB funding above 30% (the last 3%) failed on a vote of 7 to 9.

With all of these amendments now disposed of, they got on to the big issue – the setting of the base state aid per pupil.

Rep. Melissa Rooker (R-Fairway) moved to set the base at $4040/pupil in the first year at a cost of $172 million. The base would be increased by $200 per pupil in each of the succeeding 4 years at a cost of $150 million per year. This would be a total increase of $772 million over five years. There was an 8 to 8 tie vote which was broken by the Chairman who voted no. The motion failed.

Rooker then moved to set the base at $4006/pupil in the first year at a cost of $150 million. The base would be increased by $200/pupil in each of the succeeding 4 years at a cost of $150 million per year. This would be a total increase of $750 million over five years. This motion was adopted by a vote of 9 to 6.

With the bill finished, Campbell announced that the final written product would be available sometime over the next couple of days and posted on the KSDE website along with cost runs developed by the Department.


Governor Inserting Himself in Tax Debate

The news out today on the tax reform debate is that the Governor – who created the disastrous tax experiment that has left Kansas on the brink of bankruptcy – has decided to create a new tax plan.

Word was that this plan would include keeping two brackets and mixing in a little cigarette and liquor taxes. No word on his intentions on the LLC loophole or the glide path to zero but we assume he would not dare to reverse his signature tax policies. His plan was to skirt the full Senate and House and send his plan straight to a tax conference committee, letting only six legislators have any real say in the plan.

That did not go over well with any members of the Republican caucus. Senators on the conservative and moderate sides of the caucus both blasted the idea of cutting them out of the discussion.

Now the Governor has announced that he would sign a flat tax bill should the legislature send him one. Of course, a flat tax punishes middle and low-income Kansans for the benefit of the wealthy (MORE HERE) and would do nothing to solve the disaster brought on by the Governor’s last tax plan.

Kansas needs tax reform that will reverse the Governor’s failed experiment. End the glide path to zero, repeal the LLC loophole, re-establish the third tax bracket for upper-income Kansans. Kansas desperately needs revenue to put highway maintenance back on track, to hire correctional officers and highway patrol officers, to fund the social service safety net, and to respond appropriately to the Supreme Court decision on school finance. No plan proposed yet this session would do this.

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