Week Four Begins

May 22, 2017 by

Both chambers were on the floor at 10:00 this morning for very brief meetings before recessing until late afternoon.

The House this morning did adopt the conference committee report (CCR) on SB 21, the KPERS working after retirement changes that we reported here on May 17 (CLICK HERE).  The Senate will likely vote on the report late today or tomorrow.

We made sure we had seats for the noon meeting of House/Senate Conference Committee on Taxes. Word was that they were close to agreeing on some changes to the CCR on SB 30. This was a plan that was not run earlier when it was found that they did not have the votes to pass it.

SB 30 would enact some very good policy changes that are widely supported. It would restore three income tax brackets somewhat higher than they are now, it would end the Brownback glide path to zero, and it would repeal the LLC business income tax loophole. Passage would restore common sense tax policy to the Kansas income tax and set the path on the right path going forward but unfortunately would not raise enough revenue to provide for significant school funding increases to meet Gannon. If SB 30 were to be adopted, a second bill would be required to fund K-21 education.

The conference committee did convene at noon but only to say they weren’t yet prepared and then agreed to return at 2:30. At a later meeting, they did agree to send the report to the House floor in SB 30. The Rise Up Coalition, of which KNEA is a member, supports this bill. It is the first step in saving Kansas from the Brownback experiment.

The House was scheduled to reconvene at 7:00 tonight and we are now waiting for the vote. If it passes the House, it may go to the Senate late tonight.

Major Opposition to Denning’s Utility Surcharge Likely to Lead to Changes

Senator Jim Denning (R-Overland Park) included an education “pay for” in SB 251, his school finance overhaul. Denning proposed a surcharge of $2.25/month/utility for residential customers; $10/month/utility for business customers; and a $120 annual fee for agricultural irrigation. Needless to say, there was heavy opposition from agricultural interests and utility companies. Word today was that there would be consideration of changing from a surcharge to a sales tax on utilities such that the more gas or electricity or water one uses, the more one will pay in taxes.

Look for a follow-up report late tonight or tomorrow morning!

 

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Due Process Moves on House Floor

Feb 21, 2017 by

House Takes Preliminary Vote on Due Process and It Passes!

When Rep. Clay Aurand (R-Belleville) cancelled the education committee meeting yesterday, it was done with the intent of ending the possibility that due process rights for Kansas teachers would be restored. Instead, he got the supporters for HB 2179 looking for another way forward. They found that other path this morning.

With the full House on general orders, a bill dealing with dispute arbitration came up for debate, HB 2186. Rep. Jerry Stogsdill (R-Prairie Village) offered an amendment that would restore due process rights for Kansas teachers exactly as it was to be done in HB 2179.

Aurand tried to block the amendment by challenging whether the amendment was germane or related to the underlying bill. The rules committee considered the challenge and ruled that the amendment was indeed germane and that debate could continue.

Much of the debate focused on “local control,” the idea of letting every local school board decide whether or not they would choose to grant due process protections to their teachers. While some school districts have done this, a large majority of school boards simply refuse to even bargain the issue. Teachers in districts that have not bargained due process rights, those teachers may be terminated for any reason or no reason at all, typically aren’t told the reason for the termination, and have no recourse to a hearing to determine if they were treated justly or capriciously.

One freshman legislator, Trevor Jacobs (R-Fort Scott), called upon Stogsdill to give him proof that any teachers have been fired for having a bad day since 2014. Of course, no one can be certain of the answer since school districts don’t give reasons for termination unless that has been bargained into the contract.

After a long floor debate, the amendment was adopted on a vote of 66 to 59 as moderate Republicans joined Democrats in voting AYE.

Voting AYE were Representatives Alcala, Baker, Ballard, Becker, Bishop, Brim, Burroughs, Carlin, Carmichael, Clayton, Concannon, Cox, Crum, Curtis, Deere, Dierks, Dietrich, Elliott, Ellis, Finney, Frownfelter, Gallagher, Gartner, Good, Helgerson, Henderson, Highberger, Hodge, Holscher, Judd-Jenkins, Kessinger, Koesten, Kuether, Lewis, Lusk, Lusker, Markley, Mastroni, Miller, Murnan, Neighbor, Ohaebosim, Orr, Ousley, Parker, Phelps, Pittman, Proehl, Rooker, Ruiz, Sawyer, Schreiber, Sloan, Stogsdill, Swanson, Tarwater, Terrell, Trimmer, Victors, Ward, Weigel, Wheeler, Whipple, Wilson, Winn, and Wolfe Moore. (Republicans are in bold ilatics.)

All other Representatives voted NO. There were no absences.

Following that vote, Rep. Blake Carpenter (R-Derby), decided to get one dig in at teachers and offered an amendment he called “merit pay.” The amendment was not a merit pay amendment but called for the creation of a mandatory state-wide evaluation system for teachers and school administrators. Additionally, it would direct the State Board of Education to set compensation for teachers and administrators.

Rep. Ed Trimmer (D-Winfield) challenged the germaneness of this amendment. The rules committee determined that the amendment was not germane and so it was not debated or voted upon.

The bill was then advanced to final action with 68 votes. That final action vote will likely come tomorrow.


Your call to action tonight!

If your Representative voted AYE on the Stogsdill amendment, take the time to let him/her know that you appreciate the support for Kansas teachers. If your Representative voted NO on the amendment, ask him/her to reconsider and vote AYE on final action on HB 2186.

Find a roster of Representatives with a link to their email addresses by clicking here.


Changes to Working After Retirement (WAR) Get Preliminary OK

HB 2268 passed a preliminary vote in the House today by voice vote.  If the bill passes on Final Action in the House it will then proceed to the Senate.

The bill, as amended makes numerous changes to KPERS in relationship to Working After Retirement.

The current rules for Working After Retirement, as applied to newly retired individuals, caps an individual’s annual earnings at $25,000. Once the cap is reached an individual must either quit working or stop receiving KPERS benefits for the rest of the year.

Also, the current rules for certain groups in KPERS exempt them from the $25,000 cap. This includes nurses at certain state institutions, those in KP&F, those in the Judges Retirement System, local government officials and those employed with a participating KPERS employer prior to May 1, 2015.

Additionally the current rules make an exemption for certain types of licensed school district employees from the $25,000 cap. Importantly participating employers who hire retired licenses school employees are required to contribute to KPERS at rates varying up to 30% of the employee’s salary.

The current exemptions for licensed school district employees include those hired for emergency vacancies, special education teachers, and those who are hired under the hard-to-fill provisions of the current law.

HB 2268 combines all the current special exemptions into a single special working after retirement exemption. The bill also continues the existing provisions of the WAR rules regarding a bona fide separation period, employer assurance protocols, maximum period of employment-three years plus a one year extension-and the current contribution to KPERS rates. Retirees working under the current law would continue to be exempt, subject to the time limits in HB 2268.

Additionally starting on July 1, 2017, those who retire at age 62 or older and who are re-employed by a school district would also be exempt from the earnings cap. The district would be required to contribute to KPERS equal to 30% of the retiree’s compensation.

The bill also exempts those who are re-employed by the Board of Regents and covered by the Regents Retirement Plan from the earnings cap. The Regents Retirement Plan is not administered by KPERS.

 

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Conference Committee Actions

Apr 30, 2016 by

CCR SB 63: Repealing the business tax loophole

This bill would repeal the loophole in the tax code supported by Gov. Brownback that allowed more than 330,000 Kansans to pay no income tax at all.

Most of Kansas supports this repeal but this bill proved problematic. While the bill would have repealed the loophole, it was being sold as a solution to the state’s fiscal woes. Unfortunately, it was not. The bill would have provided an estimated $61 million in 2017 and something over $200 million in 2018. Passage of the bill would have given some legislators the opportunity to say they voted to reverse the damage done to the state, we would actually have faced the same disastrous issues we are facing now. This bill would not have funding our schools, fixed our highways, or protected our pensions, universities, and pre-school programs from the Governor’s cuts, sweeps, and delays.

The legislature needs to face up to the fact that “option four” is the only way out of this fiscal mess. Yes, the business income loophole needs to be reversed, but it needs to be done as part of a complete package that reverses the disastrous “march to zero” advocated by Gov. Brownback and his extreme allies in the legislature.

CCR SB 63 was an election year gimmick intended to some who support the Governor’s plan the cover necessary to survive their re-election campaigns. By voting for this bill, they could claim to have “broken with Brownback” to solve the problem while actually doing little to help.

We can guarantee that those who voted yes on this bill will be tagged as “tax raisers” by the radical right elements of the Kansas Chamber, Kansas Policy Institute, and Americans for Prosperity. And yes, they would have done a good deed in making the tax system more fair but they would have done almost nothing to solve the fundamental revenue problems caused by the Governor’s comprehensive and reckless tax cuts passed in 2012 and 2013.

Now that CCR SB 63 has been done away with, let’s hope that the legislature will actually stand up for Kansas and put together a bill supporting option four – reversing the reckless and irresponsible Brownback tax cuts.

No votes are a mixed bag of legislators containing many Democrats and moderate Republicans along with hard right anti-government ideologues. Democrats and Moderates who voted no want to fix the system so that schools, highways, public safety and other vital state services are funded. The hard right wants to continue the “march to zero” and the gutting of those same services.

The report failed on a vote of 45 to 74.

CCR SB 323: The education report

This conference committee was adopted easily. It contains three bills heard in committees and voted on by the legislature.

The first bill, the Jason Flatt Act, requires 1 hour of annual suicide prevention training for school employees,
The second bill establishes a program to track the language development of deaf and hearing impaired students,
The third bill changes the rules for capital improvement state aid, establishing a 6 year rolling average cap on expenditures and allowing the State Board of Education to prioritize projects based on certain criteria.

KNEA supports all three bills. The report was adopted 118 to 0. It now goes to the Senate.

CCR SB 168, KPERS, Working after retirement

This bill does a number of things but those impacting teachers include the following three:

Prohibits pre-arranged working after retirement agreements,
Extends current provisions for three years, until 2020,
Makes certain changes in how to extend employment under the exceptions in current law.

The bill was adopted on a vote of 117 to 1. Only Rep. Jerry Lunn voted now. We imagine this is because he wanted the bill to include his study of retirement “spiking” via deferred compensation. But we’ll let him explain his rationale.

We’re back for the weekend!

Or at least Saturday. The House has now adjourned until 8:30 am tomorrow (yes, that’s Saturday). The Senate has not yet adjourned for the day.

Keep alert tomorrow! Follow us at underthedomeks.org or by using the KNEA app on your smart phone. We may need your help!

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Bathroom Use; CLEP Credit; Equity Bills; In-State Tuition

Mar 17, 2016 by

New Bill Introduction in Senate

Just up this afternoon is a Senate Bill – SB 513 – “creating the student physical privacy act.” Word under the dome is that this bill comes from Senator Mary Pilcher-Cook (R-Shawnee). It would prohibit a student from using a restroom for a gender other than that identified at the student’s birth.

The bill would prohibit policies allowing transgendered students from using the restroom facilities of the gender with which they identify. Alternative facilities may be made available to transgendered students. The bill would also give a private cause of action against the school if that student should encounter a student of the opposite gender in a facility provided for his/her gender if the school “gave such person of the opposite sex permission to use facilities designated for use by such student’s sex” or the school “failed to take reasonable steps to prohibit such person of the opposite sex from using facilities designated for use by such student’s sex.”

Currently, policy decisions on the use of such facilities are left to the wisdom of locally elected school boards in consultation with teachers, counselors, administrators, and parents.


House Ed Committee Advances CLEP Bill

The House Education Committee today held a hearing on SB 388, requiring the State Board of Regents to adopt a policy on awarding credit hours based on CLEP test results. The bill would standardize the granting of credit for performance on a CLEP examination such that the credits could easily transfer among Kansas higher education institutions.

The bill was passed out of committee and now goes to the full House for consideration.


Working the Equity Bills

The House Appropriations today worked HB 2731, the Ryckman bill dealing with school finance equity in response to the Supreme Court decision. It became clear very quickly that the bill did not have enough support in the Committee to move forward.

Most of the negative comments were directed more to the Court than to the provisions of the bill itself. One legislator even asserted that the Court had no understanding of either school finance or equity.

Reps. Jerry Henry (D-Cummings), Sidney Carlin (D-Manhattan), and Barbara Ballard (D-Lawrence) tried to impress upon their colleagues that the Court did not choose to weigh in, there was a lawsuit that they were required to hear, that the Court relied on a study commissioned, paid for, and adopted by the Legislature as the only evidence brought forth, and that the demands on schools have grown tremendously over the years and are more costly.

In the end, Ryckman chose not to put the bill to a vote.

In the Senate Ways and Means Committee, SB 512, the Masterson bill dealing with school finance equity was quickly passed out of committee and has been sent on to the full Senate for consideration.

Both bills return to the previous equity formula (before block grants) and sweep the $17 million out of the extraordinary needs fund. The balance of the needed money is new spending in the Ryckman bill and is redistributed from school districts in the Masterson bill.


On the Floors Today

House Bill 2700 was scheduled for debate on the House floor today but was pulled and returned to the Pensions committee. We suspect it will be placed in another bill and sent back for reconsideration. This is likely an effort to put the bill in a position that it can be quickly voted on by both chambers and sent to the Governor.

No other bills we are tracking were on the floor for debate today.

As we write this the Senate is still in deep debate on the second bill of nine on their debate calendar today. And the first bill was passed over after a long debate while they wait on another amendment to come forward.

We are waiting for the debate on the fifth bill, HB 2567 which deals with tuition rates for military personnel. It is rumored that there will be an attempt to pass an amendment that would repeal in-state tuition to the children of undocumented workers.

We will report on this tomorrow.

 

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Senate Approves Budget; Looming Deadline; KPERS

Feb 12, 2016 by

Senate Approves Budget; On to Conference

The House approved their version of the budget on Thursday morning, the Senate did so Thursday night.

The House budget includes the delay in payments to KPERS with “promises” to pay the money back next year. On a motion of Rep. Johnson (R-Asaria), the House amended the KPERS provision to require the payback in the first quarter of the next fiscal year with 8% interest. The Senate, on the other hand, removed the delay of KPERS funding requiring the state to go ahead and fund KPERS as scheduled.

Both chambers also ignored the Supreme Court decision on school funding equity that came out Thursday morning. The Court decision found SB 7 (block grants) to be unconstitutional in that it does not provide for equity. There had been some thought that votes on the budget would be postponed. A motion to refer the budget back to committee failed on the House floor.

We will now be interested in seeing how the Legislature plans to respond to the Court’s ruling.

The roll call vote on the budget in the Senate (HB 2365) is as follows:

YEA: Abrams, Arpke, Bowers, Bruce, Denning, Donovan, Fitzgerald, Holmes, Kerschen, King, Knox, Love, Lynn, Masterson, Melcher, O’Donnell, Olson, Ostmeyer, Petersen, Pilcher-Cook, Powell, Smith, Wagle, and Wilborn.

NAY: Baumgardner, Faust-Goudeau, Francisco, Haley, Hawk, Hensley, Holland, Kelly, LaTurner, Longbine, Pettey, Pyle, V. Schmidt, Tyson, and Wolf.

McGinn was absent.


The June 30 Deadline Looms!

You’ve been reading that the Supreme Court has given the Legislature until June 30 to address the equity issues in school funding. Yet to be decided is whether or not overall funding is adequate.

The Court clearly said that if the order is not addressed by that date, then schools would be closed because the state would be prohibited from providing funding in an unconstitutional manner.

This order has led to plenty of posturing and chest-pounding on the part of some in the Legislature.

But we are confident that, when the dust settles, the Legislature will get back to work and address the situation. There is still plenty of time between now and June 30 for the Legislature to take the appropriate action and that is our expectation. No one on either side of the aisle and of any ideology really wants schools to close. KNEA, along with all other advocates for the education of Kansas kids will be working in any way we can to keep the process moving forward until a reasonable solution is found.


KPERS Capers

The House Pension Committee has been quite busy the last couple of days. First during Wednesday’s regularly meeting they heard testimony regarding HB 2542 known as the COLA bill. There were 5 proponents and no opponents nor was there any neutral testimony regarding the bill. There was some spirited discussion during the testimony, but in the end we would be surprised if the committee works the bill.  During yesterday’s questions and statements legislators expressed sympathy, but also asserted that there is no money to support such an effort. Given those statements from the legislators yesterday and the ruling against the state by the Supreme Court regarding the equity portion of the Gannon Case which puts the state’s budget in turmoil, we do not believe there is much hope for the bill.

After the regular committee meeting the subcommittee on Working after Retirement (WAR) met. They discussed certain aspects of WAR regulations during a brief meeting. The subcommittee met again today to begin finalizing recommendations to a bill modifying the WAR regulations.

The subcommittee is considering the following WAR recommendations for submission to the House Pensions Committee:

Using one bill to put together HB 2656, HB 2654, and HB 2653 with balloons that address the discussions of the subcommittee. HB 2656 is Rep. Trimmers bill regarding working until 62 at which time a person would be able to choose WAR options that resemble the regulations that recently sunset. HB 2654 addresses nurses and WAR. HB 2653 addresses grandfathering in folks into WAR for 2 more years, grant the hardship cases a 3 year extension rather than a year by year extension. Next they also discussed that the hardship cases not go through the legislative committee for approval.

Consideration of how to implement Representative Edmonds’ request for a signed document declaring that no previous discussions had occurred for a position that a person applies for under WAR regulations. The document would be signed by the employee and in the case of school districts the board president.

 

 

 

 

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