From the Topeka Capital-Journal Speaker lauds Senate's call for budget cuts Merrick: Senate moving closer to House budget philosophy Posted: March 1, 2013 - 1:35pm By Andy Marso THE CAPITAL-JOURNAL House Speaker Ray Merrick, R-Stilwell, said Friday that Senate President Susan Wagle's call for cuts to Gov. Sam Brownback's proposed budget could make it easier to reconcile House and Senate plans that have yet to coalesce. House and Senate leaders continue to disagree on tax philosophies — with senators tracking closer to Brownback's recommendation to keep an elevated sales tax and end some income tax deductions in order to cut future income tax rates. But Merrick said Wagle's comments on budget-cutting Thursday night are welcome. "All of a sudden they are looking for cuts," Merrick said. "That’s intriguing because that’s a different direction than they’ve been talking. Maybe they’re coming more toward our way of thinking and conference committee’s going to be easier.” Brownback's proposed budget uses revenue from the sales tax and eliminating the home mortgage interest and property tax deductions to pay for last year's income tax cuts and avoid deep budget reductions. Senate leaders said Thursday night they foresee going lower on state spending. "We’re going to have to cut the budget from the governor’s recommendations,” Wagle, R-Wichita, said. "We’ve got our Ways and Means (Committee) chairman turning over every rock.” Still, Senate Majority Leader Terry Bruce, R-Hutchinson, said there is widespread agreement on the Senate for keeping the state sales tax at 6.3 percent rather than letting it drop to 5.7, and scuttling the home mortgage interest deduction. “Otherwise what are you going to use to buy down the income tax rate?" Bruce said. "We’re looking at doing some significant tax relief for personal income tax in the near future.” Senate Vice President Jeff King, R-Independence, said both Democrats and Republicans in the past have agreed on the principle of broadening the income tax base and lowering rates. Bruce said that by doing away with the mortgage deduction, the state would move significantly closer to ending the usefulness of itemized deductions for all Kansans, thus greatly simplifying tax filings. But Senate Minority Leader Anthony Hensley, D-Topeka, distributed an email from the Kansas Chamber urging recipients to vote against keeping the elevated sales tax. Hensley said a stance like that from the Chamber — a major campaign contributor — "boxes in a number of Republican senators." Bruce said a tax bill wouldn’t likely come to the Senate floor next week, which is a short one for the Legislature, but could come the week after. If passed by the full Senate it would go to the House. If House members have different ideas, each chamber would pick three members to sit down and hash out a single conference committee compromise. The chambers are taking fundamentally different approaches to the process, with the Senate looking to pass a tax bill first and then make a budget to match it and the House looking to cut the budget first and then write a tax bill to match it. Wagle said that was arranged pre-session, but House Majority Leader Jene Vickrey, R-Louisburg, said Friday that it is "fundamentally sound to do the budget first." "That, I think is just common sense," Vickrey said. "We’re tightening the belt a little bit.” Merrick said proposals to keep the sales tax at 6.3 percent would probably not be well-received in his chamber, which soundly defeated Friday a bill to increase fees for delinquent vehicle registration fees that represented a far smaller cost hike to the citizenry. “I think you’ve got a body out here that, again, raising fees and raising taxes, there’s not really an appetite for it," Merrick said. "If the Senate wants to keep the six-tenths (of a cent) that’s their prerogative, but that’s a different direction than we’re probably going to go.” Rep. Paul Davis, D-Lawrence, said House Democrats are also unlikely to support keeping the sales tax hike that passed in 2010 and sunsets in July because of its "regressivity." "What you’re seeing here is a tax shift whereby we’re going to increase the burden on middle-class and lower-income Kansans for a tax cut that primarily benefits the wealthy and corporate entities,” Davis said. Wagle refuted the idea that assertion, saying the tax plan is it was all part of a jobs plan that would help raise every Kansans' standard of living. "Our goal is the march to zero (income tax),” Wagle said. Wagle: Governor's budget will have to be cut Senate inclination to retain sales tax, remove mortgage deduction Posted: February 28, 2013 - 7:17pm By Andy Marso THE CAPITAL-JOURNAL Senate leaders said Thursday night they will have to cut into Gov. Sam Brownback's budget proposal, but believe they are close to having a tax bill done that will track closely with Gov. Sam Brownback's. "We’re going to have to cut the budget from the governor’s recommendations,” Senate President Susan Wagle, R-Wichita, said. "We’ve got our Ways and Means (Committee) chairman turning over every rock.” Senate Majority Leader Terry Bruce, R-Hutchinson, said there is widespread agreement on the tax committee for keeping the state sales tax at 6.3 percent rather than letting it drop to 5.7, and scuttling the home mortgage interest deduction as Brownback has suggested to help balance the budget after last year's income tax cuts and afford more. “Otherwise what are you going to use to buy down the income tax rate?" Bruce said. "We’re looking at doing some significant tax relief for personal income tax in the near future.” Bruce said a tax bill would not likely come to the Senate next week, which is a short one for the Legislature, but could come the week after. Senate Vice President Jeff King, R-Independence, said both Democrats and Republicans in the past have agreed on the principle of broadening the income tax base and lowering rates. Bruce said that by doing away with the mortgage deduction, the state would move significantly closer to ending the usefulness of itemized deductions for all Kansans, thus greatly simplifying tax filings. Wagle refuted the idea that a further shift from relying on income tax revenue to sales tax revenue would disproportionately burden the state's low-income citizens, saying that it was all part of a jobs plan that would help raise every Kansans' standard of living. "Our goal is the march to zero (income tax),” Wagle said. Kansas Senate delaying tax bill debate Winter storms leading to bottleneck of legislation Posted: February 26, 2013 - 1:17pm By The Associated Press Debate on Kansas Gov. Sam Brownback’s proposal to further cut income taxes will be delayed a few weeks so lawmakers can clear other legislation by a key deadline. Senate Majority Leader Terry Bruce said the income tax bill would probably be debated during the week of March 11 because of a backlog of other issues. The backlog happened after two snow storms prompted legislators to adjust their schedules, including missing one full day and starting late on another. “The weather’s postponing everything,” said Bruce, a Hutchinson Republican. Legislators must clear most bills that started in their chamber by this weekend. However, there are some committees that are exempt, including budget and tax. Legislators are scheduled to be off March 4 and 5, so significant issues are being pushed to the following week, Bruce said. “What I’d really like to see is one tax day in the Senate,” he said. “We may get more bang for our buck if we put it off.” Brownback wants to phase in a second round of cuts in individual income tax rates over the next four years. His plan also would trigger further rate reductions in the future if economic growth is robust. To offset those cuts, Brownback wants to eliminate income tax deductions for the property taxes Kansans’ pay on their homes and the interest on their home mortgages. Also, he would keep the sales tax at 6.3 percent, rather than letting it drop to 5.7 percent in July, as promised under legislation three years ago. The Senate committee’s version preserves the deduction for property taxes but scraps the mortgage interest and sales tax breaks. The bill would net the state $918 million in new revenues over the next three years, before taxpayers saw most of the benefit from cutting individual income tax rates further. The Kansas Department of Revenue contends that the increases are still offset for taxpayers through the reductions in overall income tax rates over the next several years. Bruce said he expects to see proposals to amend the bill to restore the elimination of deductions Brownback is seeking, but he didn’t know specifics or wager a guess on their likelihood of passing. “I want to give (senators) some options and keep the governor’s tax bill as clean as possible,” Bruce said. Senate Minority Leader Anthony Hensley said the delay in the debate suggested to him that Republicans were “trying to get their act together” and reflects a division among the 32 members of the GOP caucus over the impact of the bill. “I think there’s going to be an amendment to phase out the deductions as the income rates decline,” said Hensley, a Topeka Democrat. Hensley said the income tax cuts would result in a shift in the tax burden to property and sales taxes, hurting the poor and middle class in the process. He said Democrats would vote against keeping the sales tax increase in place. “That will force a lot of those who voted for the sales tax increase to renege on the promise to make it temporary,” Hensley said. “I won’t be responsible for that.” Brownback riding Medicaid fence as GOP peers jump right, left Fourteen Republican governors reject expanding Medicaid eligibility, eight GOP chief executives take opposite path Posted: March 3, 2013 - 4:22pm By Tim Carpenter THE CAPITAL-JOURNAL Moves by eight Republican governors to accept federally inspired expansion of Medicaid and action by 14 GOP chief executives to reject broadening of eligibility rules have yet to evoke a final decision by Kansas Gov. Sam Brownback. Brownback has made no unequivocal statement about whether Kansas would embrace Patient Protection and Affordable Care Act provisions extending Medicaid benefits to about 225,000 Kansans in January 2014. While the U.S. government is on the hook for 100 percent of cost hikes resulting from more generous eligibility rules for three years and no less than 90 percent of those costs thereafter, Kansas' Republican governor has limited himself to expressions of skepticism about the overall insurance overhaul. Brownback said future policy on the state-federal Medicaid partnership would reflect collaboration with Kansas legislators, but he signaled through a surrogate an affinity for GOP peers turning their back on expansion. "Expanding Medicaid as structured under Obamacare would cost Kansas hundreds of millions of dollars — funding that would have to come from other core responsibilities like schools, prisons and roads," said Brownback spokeswoman Sherriene Jones-Sontag. "Kansas needs to identify the most effective and sustainable solutions for our state's unique public health care system." GOP expansion enthusiasts include Florida's Rick Rick Scott, Ohio's John Kasich, Arizona's Jan Brewer, Michigan's Rick Snyder and New Jersey's Chris Christie. Republicans denouncing expansion include Texas' Rick Perry, Oklahoma's Mary Fallin, Iowa's Terry Branstad, Wisconsin's Scott Walker and Louisiana's Bobby Jindal. Medicaid covers 380,000 Kansans, including 230,000 children, at a cost of $2.8 billion annually to the state and federal government. Kansas has among the most restrictive programs but covers the elderly, pregnant women, children and the disabled who are poor. Nondisabled adults without children aren’t eligible in Kansas, but such a person with kids can enroll if income is no more than 32 percent of the federal poverty level — $5,900 a year in a family of four. The law signed in 2010 by Democratic President Barack Obama extends eligibility to people with higher incomes, but the U.S. Supreme Court declared states had the right to opt in or out. If Kansas were to expand eligibility in accordance with federal law, Medicaid would be available to Kansans earning up to 138 percent of the federal poverty plateau — $31,809 for a family of four. The cost of Medicaid to Kansas taxpayers is expected to rise independent of the new federal approach to the program. A precise cost of eligibility expansion in Kansas remains in dispute, but administrators at community hospitals are offering free advice to Brownback and legislators on the issue. "A decision to forego Medicaid expansion is more than just a decision to refuse the federal funding associated with Medicaid expansion," said Tom Bell, president and chief executive officer of the Kansas Hospital Association. "It amounts to real cuts to hospitals that are currently serving as the primary safety net for many uninsured individuals, and it comes at a time when the uncompensated care burden on those hospitals continues to grow at an alarming rate." Bell released a survey of Kansans by the ETC Institute of Olathe indicating 62 percent embraced Medicaid expansion based on an assumption it would infuse $800 million in federal aid into Kansas over three years. Seventy-two percent were supportive if it mean preventing Kansas tax dollars from going to other states. House Speaker Ray Merrick, who leads a Republican contingent agitated by the Affordable Care Act, was unshaken by the poll. He endorsed the resolution passed by the House Appropriations Committee calling for rejection of Medicaid expansion, in part, because the federal government might not keep budget promises to states. "There's a group of my legislators who want to vote and want a public vote on how they stand," the Stilwell Republican said. "We can weigh in and give some guidance." House Minority Leader Paul Davis, D-Lawrence, said he assumed the resolution would pass in the House, but debate would register "a good deal of opposition." The Kansas Department of Health and Environment released a study estimating the state government would spend $513 million more during the next 10 years on Medicaid without expansion of eligibility. The firm Aon Hewitt, of Illinois, estimated the state's share for expansion under Obamacare would be $616 million from 2014 to 2023. Independent organizations with competing policy interests have offered estimates of the state's financial responsibility under wider eligibility standards ranging from $171 million to $2.1 billion. All quiet on the ObamaCare front in the Kansas Legislature Major campaign issue falls by wayside during session Posted: March 3, 2013 - 2:16pm By Andy Marso THE CAPITAL-JOURNAL A Kansas Chamber PAC mailer sent out during last fall's legislative campaigns sets out in large red letters then-candidate Joshua Powell's commitment to "Stop ObamaCare" — the federal health care reform spearheaded by President Barack Obama. "Joshua Powell will go to work on day one to stop implementation of ObamaCare at the Kansas border," the mailer says. "Joshua Powell will make health care freedom his top priority." Day One of the legislative session has come and gone, as has every day through 33. With the deadline to introduce bills in most committees and the "turnaround" deadline passed, now-Rep. Joshua Powell, RTopeka, has yet to address ObamaCare. "I'm going to be talking to some other people about it," Powell said when asked last week about the Kansas Chamber PAC's campaign promise. "I think we're still looking at what we can do." Powell was far from the only legislator who took office this year on a platform that included fighting the federal health care reforms that were signed into law March 2010 and upheld by the U.S. Supreme Court last year. The Kansas Chamber PAC, Americans for Prosperity and the Kansas Republican Party flooded the Republican primary and, to a lesser extent, the general election, with ads touting candidates who would stop the law at the state border, repeal it or allow Kansans to "opt-out" of it. So far, House members have passed several bills related to unions, and the Senate has managed two-thirds votes to pass constitutional amendments on judicial selection and school funding, but both chambers have hardly mentioned the Patient Protection and Affordable Care Act, which is commonly called ObamaCare. “I’m not surprised," former Senate President Steve Morris, R-Hugoton, said. "The whole thing was bogus to start with." Morris was one of many moderate Republican senators targeted with attack ads seeking to tie them to Obama who expressed puzzlement at what they saw as a federal law playing an absurdly outsized role in state races last year. Clayton Barker, executive director of the Kansas Republican Party, said ObamaCare became a big campaign issue because it was strategically effective. "Candidates polled voters, and if ObamaCare elicited the greatest emotional response from the voters, then that was the issue the candidate ran with," Barker said. "Emotional voters turn out and vote — and in an election, votes are what matters." Emotions aside, there was never much the state legislators could do about the controversial health care reforms. Former Senate Vice President John Vratil, who retired last year, said repeatedly that the Legislature had no authority under the U.S. Constitution to allow Kansans to "opt-out" of a federal law. But unwavering support for the Kansas Health Care Freedom Amendment — an amendment to the state constitution considered entirely symbolic by legal scholars like University of Kansas professor Stephen McAllister — became a litmus test for candidates' commitment to conservatism. Yet now that the Senate has what appears to be a solid majority to pass the amendment, it has disappeared. Still, Eric Stafford, a lobbyist for the Kansas Chamber, said he believes legislators are doing the best they can to fight the federal law that his organization has identified for years as one of the top threats to Kansas' economic recovery. "I expect folks we supported will avail themselves of any opportunity that arises to voice their opposition to government mandates and competition of public sector with private sector on health care issues at least as far as states have a role," Stafford said. A spokeswoman for Americans for Prosperity said she is similarly satisfied, based largely on a resolution against expanding Medicaid that passed a House committee last week. "The session is far from over, but we're pleased that there appears to be some effort in the Legislature to take action against components of ObamaCare in Kansas," AFP's Jen Rezac said. Barker said Gov. Sam Brownback's continued refusal to allow the state to participate in ObamaCare health care exchanges has also helped mollify fears. Barker also highlighted Senate Bill 163 by Sen. Jim Denning, R-Leawood, which is meant to ease insurance cost increases for young adults under the new law. "I do not think people are disappointed," Barker said. "There has been progress on opposing ObamaCare and other issues have become the most pressing for the people who previously had ObamaCare as their No. 1 issue." Barker said gun rights is the prime example of the new federal threat to which legislators have turned their attention. Senate Majority Leader Terry Bruce, R-Hutchinson, said the health care freedom amendment may not be dead yet for this session and could be combined with gun rights protections in a kind of catch-all resolution asserting state sovereignty. "There’s been talk about bringing that amendment back and having it during election cycle next year and also discussion at one point about expanding the scope of it so it doesn’t just focus on the health care aspect,” Bruce said. But another former senator, Jean Schodorf, said the silence on ObamaCare thus far suggests it was a "kneejerk" campaign issue that has outlived its usefulness now that the moderates have been swept away. “Last year every other week we were talking about ObamaCare and having it put on the ballot and the constitutional amendment and all of that," said Schodorf, who switched her party affiliation after losing in the Republican primary. "And nothing this year. Maybe they’ve finally decided it’s been upheld and it’s the law of the land. Usually that doesn’t bother them.” Is it time for a charter school revolution in Kansas? Some lawmakers are pushing for a new charter law to potentially bring the national 'school choice' movement to Kansas Posted: March 3, 2013 - 3:44pm By Celia Llopis-Jepsen THE CAPITAL-JOURNAL Seventeen-year-old Zach Purvis was a sophomore at Mission Valley High School when he transferred to a charter school. Though it was his second year, Purvis said he hadn’t accrued many credits. “I failed almost everything,” Purvis said. “I wouldn’t have graduated on time.” Then he switched to Hope Street Academy, a school in Topeka that serves students who have fallen behind and are at risk of dropping out. He credits the change with helping him turn his situation around. Hope Street, with about 150 students and 20 teachers, offers small classes with plenty of hands-on learning. “It’s more personal,” said Purvis, who is on track to graduate in May. “They don’t make things easier, they make understanding easier.” Hope Street, part of Topeka Unified School District 501, is Shawnee County’s only charter school. Enrollment isn’t based on address — the students come from around the city and nearby districts. Counselors at other schools refer students who they feel would benefit from Hope Street’s approach. “We teach the same things here,” said Dale Noll, principal, “but it’s a different culture.” CHARTER SCHOOLS IN KANSAS In recent years, charter schools have become one of the hottest and most contentious topics in public education. Nationwide, there are around 6,000 of the schools, which are publicly funded but usually operated independently, sometimes by nonprofit groups or businesses. In some places, charter schools now serve significant numbers of students. They educate about 40 percent of students in Washington, D.C., and more than two-thirds in New Orleans. But in Kansas, charter schools are barely on the radar. Hope Street is one of just 15 statewide. Three years ago, there were 37. Dozens have closed through the years, mostly for financial reasons. Now, some lawmakers are pushing for a new charter law to supplant the one in place since 1994 and potentially bring the national “school choice” movement to Kansas. Two bills in the House and Senate — HB 2320 and SB 196 — seek to do just that. The legislation includes recommendations from the National Alliance for Public Charter Schools. Parts are lifted word for word from its model legislation — everything from exempting the schools from wage laws to waiving teacher certification requirements. FOR AND AGAINST Proponents of school choice say charter schools are key to reforming education. Charter schools offer innovation and options, they say. Many offer special themes. Others serve specific groups, such as economically disadvantaged students. By offering choice, some proponents say, charter schools also introduce competition into education. When families can choose among a number of schools for their children, this forces charter and regular public schools alike to maintain high quality in order to compete. Proponents also cite studies that indicate charter schools are having greater success than regular schools, with their students making stronger academic gains. But on the other side of the debate, opponents cite studies that point to just the opposite: charter schools perform no better and may in fact perform worse than their traditional counterparts. Charter schools don’t play by the same rules, they say. Some are accused of screening students through their admissions process and turning away those who are less likely to succeed. Others are accused of kicking difficult students out, who then enroll in regular schools. Early this year, the Washington Post revealed that D.C.’s charter schools had expelled 676 students in three years. The city’s traditional schools, where expulsion is allowed only for serious offenses such as bringing drugs to school, had expelled just 24. And last month, a special report by Reuters found widespread evidence that charter schools nationwide cherry-pick the students they want — a luxury that regular schools don’t have. The report found that schools were screening students through interviews, essays and other methods, even though laws prohibit discrimination and often require enrollment through lotteries. LAW IN KANSAS The Kansas legislation would bar charter schools from discriminating and set up lottery admissions. Yet it would allow them to turn away special-education students if they don’t offer the services those students need. Responsibility for those students would fall upon the local school district. Here are some features of the legislation: ■ Independence. Independence from local school boards is a hallmark of the school choice movement, but in Kansas, charter schools are run by school districts The legislation would allow independent authorizers — for example, a county government or a university — to approve the creation of charter schools. The authorizer would monitor the schools, which could be run by a variety of entities, including businesses and nonprofits. ■ Deregulation. The legislation would grant sweeping exemptions from state law and regulations, including graduation requirements and curriculum standards. Currently, charter schools can apply for many exemptions but must identify which rules they want waived and why. The Kansas State Board of Education has the final say. Only two schools have indicated interest in waivers in the past five years. ■ Funding. Charter schools would no longer need school boards to receive funds. Under the bill, they would receive a portion of state aid that would otherwise have gone to the local board. But they wouldn’t receive local funding, meaning that charter schools would have lower budgets. They could, however, accept grants and donations. ■ The legislation exempts schools from professional negotiations laws. The vast majority of charter schools nationwide aren’t unionized, and teachers unions tend to be vocal opponents. ■ A variety of themes and specializations would be allowed, including single-sex schools, but not religious schools. ■ Admissions priority for up to 10 percent of a school’s enrollment could go to the children of persons involved in founding or running the school. The free-market group Kansas Policy Institute supports the legislation. Lobbyist Dave Trabert said it would be better for charter schools to have access to more education dollars, but added that they can operate more efficiently than other schools because of deregulation. On the other side, the Kansas Association of School Boards calls the legislation unconstitutional. Under the Kansas Constitution, the State Board of Education oversees public schools and elected school boards operate them. As for USD 501, the district stands by Hope Street but opposes independent charter schools, which it says can discriminate in admissions while spending taxpayer money and sidestepping accountability and standards. "We want to free them up to do what they need to do,” superintendent Julie Ford said, “but we need to keep them accountable.” Committee rejects plan to hold back thirdgraders Schmidt, Hensley voice concerns about Brownback plan Posted: February 26, 2013 - 4:27pm By Andy Marso THE CAPITAL-JOURNAL Two Topeka legislators joined four colleagues on the Senate Education Committee in rejecting Gov. Sam Brownback's plan to hold back third-graders who struggle with reading. Senate Minority Leader Anthony Hensley, D-Topeka, and Sen. Vicki Schmidt, R-Topeka, voiced concerns about the plan outlined in Senate Bill 169 and were among the committee members who voted 6-5 against it Tuesday. “I think retaining children at third grade is terrible public policy," Hensley said. “I think we’re making a very serious mistake if we’re going to pass this bill.” Sen. Dan Kerschen, R-Garden Plain; Sen. Pat Pettey, D-Kansas City; Sen. Ralph Ostmeyer, R-Grinnell; and Sen. Kay Wolf, R-Prairie Village, joined Hensley and Schmidt in voting no. Brownback's plan, the Kansas Reads to Succeed Act, aims to ensure that third-graders can read fluently before they move on to grades that require reading comprehension for nearly every subject. Jon Hummell, Brownback’s policy adviser, presented data that showed 88 percent of dropouts nationwide couldn’t read proficiently in the third grade. "The objective is not to not pass students out," said Sen. Steve Abrams, R-Arkansas City. "The objective is to get them to read before the third grade.” Abrams; Sen. Tom Arpke, R-Salina; Sen. Jeff Melcher, R-Leawood; Sen. Dennis Pyle, R-Hiawatha; and Sen. Caryn Tyson, R-Parker, voted for the measure. Abrams tried to allay Schmidt's concerns that the third-grade retention would be based solely on one state assessment test by attaching an amendment that allowed school districts discretion to allow one retest. Schmidt supported the amendment but said she still had concerns about the state mandating a decision better left to teachers, administrators and parents — and not giving districts the money they would need to comply. “I know I’ve become the unfunded mandate girl, but we’ve talked a lot about unfunded mandates,” Schmidt said. Kerschen voiced similar concerns, saying the school district he represents already uses its retention option properly, with input from parents. Topeka Unified School District 501 superintendent Julie Ford testified a day earlier against the bill, saying summer school and extended school years would be better solutions to catching up struggling readers than making them repeat a grade. Several senators also said they believed reading interventions should begin before third grade to be most effective. In other action Tuesday, the committee passed 7-4 a bill requiring all school districts to post an itemized budget on their websites. An amendment was tacked on that removed extracurricular expenses from the bill amid concerns that districts compile that data differently. Another amendment specified that the itemized budgets should include breakdowns of local, state and federal funding. Schmidt spoke against that bill as well, saying it could represent another unfunded mandate. "Do we know for sure that all school districts have a website?" Schmidt asked. "I don’t know if they all do, but certainly most of them do, by far," Abrams said. “If they don’t have one they probably should have one," Melcher said. "Any cost associated with that would be more than offset by the amount of labor needed to produce these paper documents for anyone who asked for them.” Melcher said the Legislature owed it to the citizens of Kansas to pass the bill, SB 171. “I don’t believe this puts undue burden on the districts," Melcher said. "This is totally for transparency purposes.” The committee also passed a bill to create a coalition of 10 "innovative districts" for which certain mandates will be waived in an effort to foster creativity. Abrams described it as a pilot program to switch the public school focus from funding inputs to educational outcomes. USD 501: Bill would lead to greater inequity House Bill 2248 would allow school boards to raise property taxes to pay for extracurricular activities Posted: February 25, 2013 - 5:48pm By Celia Llopis-Jepsen THE CAPITAL-JOURNAL Topeka Unified School District 501 is among the opponents of a bill that would allow districts to boost their budgets by raising property taxes. House Bill 2248 would allow school boards to raise the mill levy — with the approval of local taxpayers — to bring in dollars for extracurricular activities, such as sports or forensics. But the bill has met with opposition from USD 501, Kansas City USD 500, Wichita USD 259 and the Kansas Association of School Boards, which warns that the legislation would result in disparity because some districts have much higher property valuations. Also, the bill wouldn’t include equalization funding — funding from the state to address discrepancies among districts in locally raised funds. The Education Budget Committee held a hearing on the bill Monday. Proponents included Shawnee Mission USD 512 and Blue Valley USD 229, who argue that it would help them weather budget cuts. “While the state appears to be on a road to some degree of economic recovery,” Blue Valley Superintendent Tom Trigg said in written testimony, “the road back to normal will likely be a long one.” But that argument doesn’t sit well with opponents. “We believe that an increase in local property taxes is the worst possible approach to addressing the very real shortfall in school funding,” Bill Reardon, a lobbyist for USD 500, said in his testimony. Patrick Woods, president of the USD 501 school board, urged lawmakers not to increase inequity among schools. Though extracurricular activities aren’t a mandatory part of school, Woods said, research showed that such activities are especially beneficial in higher-poverty districts. “Our board believes strongly that all students should be afforded access to extracurricular programs and activities,” Woods said in his testimony. Under the bill, the extra budget for school activities would be capped at up to 2 percent of the previous school year’s statewide, per-pupil average of general and local option budgets. Voters in a given district would have to approve the tax increase in order for it to take effect. USD 501 superintendent Ford speaks against holding back third-graders Brownback grade retention plan hinges on reading scores Posted: February 25, 2013 - 1:42pm By Andy Marso THE CAPITAL-JOURNAL Julie Ford, superintendent of Topeka Unified School District 501, was one of several education representatives to testify Monday against Gov. Sam Brownback's plan to hold back third-graders who can’t read proficiently. Ford and others expressed concerns that the state-level mandate would fall disproportionately on poor children, giving a blow to their self-esteem based on a single test score and leading to more high school dropouts in direct contrast to the proposal's goals. “Retention is not a good use of time for these students,” Ford said. Instead of holding back third-graders, Ford recommended investing in more early education programs, mandating summer school for students behind on reading and extending the school year "like many of our international friends." “We don’t work in an agrarian society any more,” Ford said, in arguing that summer school and extended school years would be a better way to catch up students struggling with English. Brownback's policy director, Jon Hummell, told the Senate Education Committee that Senate Bill 169 isn’t meant to hold students back but rather to "end social promotion for third-graders who are not able to read." Hummell noted that the governor's proposed budget provides $10 million for targeted interventions to help struggling readers get to grade level and said school districts will have flexibility in what test they use to determine literacy. He also pointed to data that shows 88 percent of drop-outs nationwide couldn’t read proficiently in the third grade — data that doesn’t even reflect the number who graduated from high school without reading skills. "If a single child graduates from high school without being able to read, we have all failed," Hummell said. Hummell said last year 4.9 percent of Kansas third-graders scored in the lowest achievement category on the state assessments, but noted that many of them would fall under exemptions in SB 169 for special education students and those for whom English is their second language. Marcus Winters, an education professor at the University of Colorado at Colorado Springs, provided written testimony in favor of the bill. Winters is a senior fellow at the Manhattan Institute for Policy Research, which says its mission is to "develop and disseminate new ideas that foster greater economic choice and individual responsibility." Winters said he studied a similar retention program that Florida put in place in 2002. "Our research has found strong evidence that the remediation treatment offered under Florida's policy has led to substantial improvement in student proficiency that have been sustained for a meaningful period of time," Winters said. But Kansas Association of School Boards spokesman Mark Tallman said Florida's program hasn’t been in effect long enough to know its long-term effect and that Florida's short-term improvements still hadn’t brought it on par with Kansas' public education performance. “Florida with this policy has not demonstrated greater improvement than Kansas has without this policy," Tallman said. Tallman suggested imposing the third-grade retention plan only on districts that aren’t showing improvement in their reading proficiency scores. Marcy Clay, assistant superintendent of Kansas City, Kan., schools, said there is also data that shows strong correlations between children who are held back and those who drop out. She surmised that the self-esteem hit young children absorb when they are held back affects them throughout their academic careers. “When we retain a child, it’s almost like we’re saying to a child, ‘You’re the one to blame for this,’ ” Clay said. The education committee took no action on the bill, but chairman Steve Abrams, R-Arkansas City, said it would reappear on Tuesday's agenda. The committee unanimously passed SB 128, a technical education initiative, on Monday. But it punted on a dyslexia bill (SB 44) and a bill to expand how school districts can use their capital outlay money (SB 131). The committee ran out of time while debating a bill to require school districts to post itemized budgets on their websites, including mill rates and average salaries. It will take up the measure again Tuesday. Sen. Vicki Schmidt, R-Topeka, voiced concerns that the bill could be an unfunded mandate. “They’re already doing this," Abrams said of the school districts budgets. "What this bill does is make it accessible to public.” But Schmidt said a section that requires itemization of extracurricular spending would create new work for a lot of districts. “I think it shouldn’t even be in there," Schmidt said. "I think the extracurriculars provide a whole other layer of complications. If schools don’t report it out the same, then the ability for comparison is lost.” House moves to tweak unemployment insurance Bill says some applicants must reflect a 'non-supersensitive' person's approach Posted: February 28, 2013 - 4:57pm By Tim Carpenter THE CAPITAL-JOURNAL The House advanced legislation on Thursday escalating penalties for unemployment insurance fraud, restricting eligibility for jobless claims and reducing by $4.9 million overall company contributions to the state's trust fund. The bill would authorize the Kansas Department of Labor to assess a 25 percent penalty to individuals who unlawfully secure unemployment benefits. Making false statements when receiving jobless payments would result in a five-year disqualification, up from the current one-year ban. The labor secretary would be authorized to hire and deploy special law enforcement officers to investigate fraud, tax evasion and identity theft. Under House Bill 2124, approved on a voice vote, state law would be altered to trim a jobless person's benefits by the amount of severance pay allocated. An individual voluntarily leaving employment for "good cause," such as harassment or violation of work agreements by the employer, would be subject to new eligibility terminology. For example, harassment prompting a resignation would need to be "consistent" and breaking of a work agreement must be "substantial." Rep. Gene Suellentrop, R-Wichita, said the bill would require the labor department to adopt a new method of analyzing voluntary departure claims. The legislation stipulates an applicant's reasoning for leaving work must reflect thinking of a "non-supersensitive" person exercising ordinary common sense. "This is not an entitlement program," Suellentrop said. "Better to work than seek unemployment." Rep. Tom Burroughs, D-Kansas City, said the measure represented an assault on people who had fallen on hard times. "This is pretty heavy-handed, anti-worker legislation coming out of the Department of Labor," Burroughs said. "This is wrong-headed legislation." Suellentrop estimated Kansas made $20 million in payments to fraudulent recipients in 2011 and 2012. He said employers contributed $450 million to $500 million annually to the state's unemployment trust fund. The House bill also would reduce the contribution rate of most new employers from the current 4 percent to 2.7 percent of wages paid, while the rate for new construction employers would remain at 6 percent. Rates for nearly two dozen categories of employers with a record of heavy reliance on the trust fund would pay a higher surcharge. On a separate bill, the House rejected 39-82 a proposal to link adjustment in the state's current $7.25 minimum wage to the consumer price index. Rep. Valdenia Winn, D-Wichita, offered the amendment to give low-wage Kansans an opportunity to keep pace with increases in the cost of living. "This is a job-killing idea," said Rep. Marvin Kleeb, R-Overland Park. "It realize it's well-intentioned." State striking it rich with problem gambling fund Less than 10 percent of casino-financed treatment money reaching gamblers in crisis Posted: March 2, 2013 - 9:26pm By Tim Carpenter THE CAPITAL-JOURNAL Opposition in the 2007 Legislature to passage of a law allowing construction of state-owned casinos was softened by a provision earmarking 2 percent of net revenues to treatment of gambling addiction. Lawmakers spoke convincingly that Kansans unable to resist the rush of casino life could still hit the jackpot through counseling. The casinos in Ford, Wyandotte and Sumner counties are in full operation and collectively forward $8 million annually to the state's Problem Gambling and Addictions Grant Fund. Joyce Markham, president of the Kansas Coalition on Problem Gambling, said the state had allowed less than 10 percent of that money to reach troubled gamblers. She said Gov. Sam Brownback doubled down by offering to the 2013 Legislature a budget with no dedicated funding for the treatment initiative fashioned six years ago. Markham, who has more than 15 years of counseling experience with gamblers in Topeka, said the need for life-saving intervention outstripped meager funding released by the state. "I haven't talked to a problem gambler who hasn't considered suicide," she said. "They think they're worth more dead than alive if they can make it look like an accident." Instead of targeting resources earmarked for treatment of Kansans intoxicated by the glitz of Boot Hill Casino in Dodge City, Hollywood Casino in Kansas City, Kan., and Kansas Star Casino in Mulvane, or tribal and out-of-state venues, the state has consistently diverted the money to other government priorities. "That violates the intent of the Legislature," said Rep. Kathy Moore, D-Kansas City. "I absolutely think there is a need. It ought to go to treatment for gambling addictions." Angela de Rocha, spokeswoman for the Kansas Department of Aging and Disability Services, said Brownback didn't eliminate all funding for problem gambling services in his January budget blueprint, but did recommend a 50 percent reduction. The Brownback administration is receptive, she said, to restoration of $740,000 currently appropriated for problem gambling staff salaries, marketing, counseling and a hot line. Under the scenario emerging in the House and Senate, the governor also would remove $1 million from the problem gambling fund to cover non-Medicaid substance abuse grants and deliver $500,000 to the Kansas Department of Corrections. He would again take $6.5 million from the 2 percent fee paid by casinos to underwrite Medicaid-funded drug and alcohol abuse programs. "I don't think we're spending the money where it needs to be," said Sen. Carolyn McGinn, a Sedgwick Republican. "The money is being used to back fill Medicaid programs." However, Senate President Susan Wagle, R-Wichita, said she never heard from a constituent who thought there was a lack of state-financed counseling for people fearful gambling was driving them closer to divorce, unemployment, bankruptcy or worse. The budget presented by Brownback to legislators conflicted with the recommendation Gary Haulmark, commissioner of community services and programs at the Kansas Department of Aging and Disability Services, offered a House-Senate budget panel in October. He suggested $4.2 million from casino payments — an increase of $3.5 million — be secured to help gambling addicts. "We want to build a problem gambling infrastructure that is responsible and judicious," he said. Haulmark produced records indicating no Kansan received treatment for problem gambling under the state program in the fiscal year running from July 2009 to June 2010. The number served in the fiscal year ending in June 2011 was 41, he said. That figure climbed to 140 for the fiscal year ending June 2012. A separate state report showed 368 people voluntarily added their names to the self-exclusion list maintained for Kansas-owned casinos from January 2010 to January 2013. The governor's budget proposal ignored the five-year problem gambling plan adopted by the Department of Aging and Disability Services, which manages the special fund. One plan goal dedicated "no less than onethird" of this revenue, approximately $2.9 million, to reducing gambling-related harm in Kansas. The plan's authors estimated, based on national statistics, there were 59,000 problem gamblers in Kansas and that 24,000 could be categorized as pathological gamblers. The document concluded Kansas' gambling service infrastructure remained in its infancy because of few problem gambling prevention efforts, little research specific to gambling in Kansas and poor problem gambling community awareness. In an effort to address the research deficit, the Department of Aging and Disability Services authorized a statewide survey of 1,600 Kansans that revealed one in 12 adults admitted betting more than they could afford to lose. Political Runoff Tim Carpenter reflects on government BY TIM CARPENTER Fri, 03/01/2013 - 8:53pm Peck not bullish on key element of 'homosexual' agenda Rep. Virgil Peck was singled out Friday while at work. If the venue had been a rough-and-tumble school playground, perhaps his lonely position would have generated heckling by peers. Maybe a taunt. In the Statehouse, however, his rejection of a bill designed to compel Kansas public schools to forbid bullying of students by teachers or parents evoked no reaction. The House sent the measure over to the Senate on a vote of 119-1. In a meeting Thursday with Republican colleagues, the Tyro lawmaker offered a glimpse of his singleminded reasoning. "The bullying legislation has always been a top priority of the homosexual group," he said. "I've never been a fan." Tom Witt said he assumed Peck was referring, at least in part, to the Kansas Equality Coalition. Witt is executive director of the advocacy group, which strives to secure equal rights for lesbian, gay, bisexual and transgender Kansans. In terms of bullying, Witt said Peck was correct to conclude the coalition had been supportive of bills for the past six years intended to make schools a haven for learning rather than a venue for harassment. "This is about all kids," Witt said. "We want schools that are safe for all kids." More to Peck's point, he said, students perceived to be homosexuals had often been targeted for condemnation at Kansas schools. "There are teachers who hassle kids for being gay," Witt said. "Or they look the other way while others do the same." Rep. Amanda Grosserode, R-Lenexa, led discussion of the bill in the full House and during the earlier GOP caucus. She said evidence emerged during committee work that Kansas statute guiding K-12 public schools should be expanded to move beyond a prohibition on student-to-student bullying. That prompted drafting of language directed at teachers and parents who might instigate bullying, she said. In the Republican caucus meeting, but not on the floor, Peck questioned Grosserode about her definition of bullying. "If I flip you the bird am I bullying?" Peck asked. Grosserode said the hand gesture alone would unlikely rise to the category of bullying. Peck inquired if a second or third offense would cross the line. She said circumstances surrounding repetitive use of the globally recognized sign of anger would have to be evaluated by school officials before making a determination. Her answer preceded Peck's analysis suggesting anti-bullying bills were the work of gay and lesbian activists. Despite Peck's admonition, two Democrats and a Republican joined Grosserode in delivering speeches on the House floor in favor of the reform. "I think this is a strong update to our law," said Rep. Rob Bruchman, R-Overland Park. Rep. Tom Burroughs, D-Kansas City, said he was a fervent advocate for legislative intervention on school bullying. "Children and parents need to know it will not be tolerated," he said. Rep. Ed Trimmer, D-Winfield, said the goal was a statewide ban on teacher or parent bullying of students that granted local school districts authority to determine standards for punishment. "No one in a public school, on the public grounds or using public equipment should be involved in bullying," Trimmer said. "We leave the remedies to school districts, but those need to be in policy." This bipartisan show of faith in the bill by Grosserode and Bruchman as well as Burroughs and Trimmer fell short, in Peck's estimation. When it came time to be counted, he pushed the "no" button. To his credit, Peck is regarded as a legislator who unflinchingly stands tall for what he believes. He doesn't like the anti-bullying bill, and he said so. Two years ago, he was frustrated illegal immigrants were living in Kansas. He let people know about that, too. Peck became an international sensation in March 2011 by declaring at a House Appropriations Committee meeting the state might consider deploying sharpshooters in helicopters to track down illegal immigrants in the same way marksmen had been hired to kill wild hogs damaging crops and property. He justified the helicopter statement as reflection of "a southeast Kansas person" in regards to the issue of illegal immigration. Few of his colleagues rushed to echo that sentiment. Following a public rebuke from Republican Gov. Sam Brownback, Peck clenched his teeth and issued what might, in the most liberal terms, be called an apology. Don't expect comparable backtracking on his assessment of the homosexual agenda. Peck is unlikely to be shaken by criticism of Friday's vote by the governor or anyone else. On this political playground in Topeka, he is content to stand alone. Teachers union says longtime allies abandoned it KNEA cut out of legislative talks on collective bargaining Posted: February 28, 2013 - 11:19am By Andy Marso THE CAPITAL-JOURNAL Leaders of the state's teachers union said Thursday they have been cut out of legislative discussions about their collective bargaining rights and abandoned by longtime allies. Kansas National Education Association president Karen Godfrey and lobbyist Mark Desetti said lobbyists for Kansas school boards and superintendents collaborated with Rep. Marvin Kleeb, R-Overland Park, on House Bill 2027. Desetti likened the "secret talks" to backroom deals made decades ago in "smoke-filled rooms." “This is about silencing us, and we have no intention of being silenced,” Desetti said during a Thursday news conference. Mark Tallman, spokesman for the Kansas Association of School Boards, said Kleeb asked him to provide language on the bill that his organization could support and Tallman did so. But he said that is no different than talks he has with other legislators, and KASB's position on collective bargaining is well known. “There’s nothing new or secret about what our position is,” Tallman said. Tallman also noted that the bill has been referred to Kleeb's House Committee on Commerce, Labor and Economic Development for a hearing at which all parties, including KNEA, will be able to weigh in. That didn’t mollify Godfrey, who expressed displeasure that KNEA wasn’t allowed to participate in the initial talks. She said the organization contacted Kleeb multiple times to try and provide input but got the cold shoulder. “This was a sudden move in the commerce committee," Godfrey said. "We have a long history of collaborating with the other education groups in the state.” Kleeb took umbrage with the "smoke-filled rooms" analogy. "That's a distortion," Kleeb said. "The plain fact is due to the weather and everything else, we did not get the bill until Tuesday." Godfrey questioned whether Tallman's group and the Kansas School Superintendents Association are really reflecting the wishes of the majority of their members by working with Kleeb on HB 2027. She pointed to officials from various school boards and districts who accompanied her at Thursday's news conference and a Lawrence USD 497 resolution in support of collective bargaining as evidence that not everyone is on board with the bill. Topeka USD 501 board member Patrick Woods said the bill would be largely unnecessary for districts that work effectively with KNEA at the bargaining table. "We’ve already in my district been pretty successful at doing many of the things this bill purports to do,” Woods said. Woods said the bill could do more harm than good by leading to negotiations with several different groups representing different kinds of teachers in "a logistical nightmare for districts." But Kleeb said the bill is all about local control and that each district would be able to negotiate with as many or as few groups as it chose. "If local boards want to keep going the way they are, this allows them to do that," Kleeb said. Kleeb also said that a survey of superintendents showed widespread support for the bill, which he said could help them hire more highly-qualified teachers in difficult-to-fill areas like math, science and special education. Godfrey and others at the news conference said Kansas already has weak labor protections and the Legislature is intent on weakening them further until they are like those in southern states that generally score poorly on education metrics. But Kleeb said HB 2027 and legislation on other issues like paycheck deductions are an effort to protect the rights of those who choose not to join unions, as well as those who do. "Our emphasis this year has obviously been on the rights of the individual," Kleeb said. House embraces reform of Court of Appeals selection process Bill grants governor power to appoint pending Senate confirmation Posted: February 28, 2013 - 2:41pm By Caitlin Doornbos SPECIAL TO THE CAPITAL-JOURNAL By a vote of 68-54, the House offered first-round approval Thursday to a bill modifying the selection of Kansas Court of Appeals judges by handing the state's governor power to choose members of that appellate bench. The bill has one more House vote but likely will move to the Senate. If signed into law, the selection of appellate court judges will switch hands from the Supreme Court Nominating Commission to Governor Brownback. Brownback, a Republican, has consistently supported removal of the nominating commission from the process of filling vacancies on both the Court of Appeals and Supreme Court. Currently, the governor must select appellate judges from a list of candidates provided by a commission of four lawyers from each congressional district and four individuals selected by the governor. HB 2019 skips the nomination process and allows the governor to fill an appellate court vacancy with whomever he chooses, with consent of the Senate. Rep. Steven Becker, R-Buhler, questioned the motives of the bill. “I don’t understand why we are launching such an attack on (the) judiciary,” Becker said. “What I have come to is that the political climate in this state has changed significantly, and the court has not. We don’t want the court to change with the political shift.” Rep. Lance Kinzer, R-Olathe, countered that it is the current nomination process that is political. “Our current selection process is not based on merit, rather on ideology. Issues like pro-life were discussed behind closed doors,” Kinzer said. “Our current system is fixed — it’s fixed to favor a very small group, and that’s not right.” Because voters elect the governor, proponents say the executive’s nomination of appellate judges would be an extension of the democratic process. “It’s important to have an independent judiciary,” Kinzer said. “It enhances respect for rule of law by injecting some democratic practice.” Under HB 2019, the nominating process would look similar to the federal selection of members of the U.S. Supreme Court, in which the president appoints justices with Senate approval. Opponents of the bill said Washington-style political power shouldn’t come to Kansas. “As you’ve seen at the federal level, that’s a very political process,” said Rep. Jan Pauls, D-Hutchinson. “I don’t think we’d believe that’s been very fair.” Becker agreed, comparing Kansas politics to a tornado. “We cannot have the law change with the political wind. Instead we need to insulate and protect the judiciary from the winds of political change,” Becker said. “We need a solid foundation, a bedrock — and that would be the rule of law.” Kinzer said political gain wasn’t in mind when he introduced this bill. “I was strongly supportive of moving to this system under a Democratic governor, just as I am with a Republican governor,” Kinzer said. House votes to retain state worker bonuses Bill targeted reward for employees on job 10 years or more Posted: February 28, 2013 - 12:43pm By Caitlin Doornbos SPECIAL TO THE CAPITAL-JOURNAL The House overwhelmingly voted Thursday to reject a bill preventing state government agencies from selffinancing longevity bonuses for thousands of veteran employees. The bipartisan 42-78 vote against House Bill 2178 revealed little appetite in the House for undercutting the ability of agencies to reward workers with at least 10 years of service with a bonus of $40 for each year on the job. State law caps the awards at $1,000, and only workers hired before 2008 are eligible. Rep. Jim Howell, R-Derby, said during House debate on the bill that the reform wouldn’t ban bonuses altogether but would permit payments only when directly approved by the Legislature and governor. “This does not stop longevity payments in any way,” Howell said. “This simply says that the longevity payments would come from the Legislature, not the agencies." For several years, the Legislature declined to appropriate money for the bonuses. Individual agencies could award long-term employees with a bonus if the money came through internal reallocation. In the upcoming fiscal year, if the law isn't changed, bonuses would total an estimated $8.5 million. Rep. Bob Grant, D-Frontenac, opposed the bill, saying it would unfairly punish Kansas government workers who have gone about eight years without a general salary increase. “I think this is a travesty against our state employees,” Grant said. “We try to retain our state employees. They haven’t gotten a raise in many years and now we stand to take away their longevity?” Ray Roberts, secretary of the Kansas Department of Corrections, had urged the House General Government Committee to adopt the bill. He said the agency was forced to leave vacant staff positions in prisons to generate resources to afford bonuses. However, Rep. Tom Bourroughs, D-Kansas City, said a low-level corrections officer made $19,500 after taxes, and prison employees were reliant on longevity bonuses. “If you’re a corrections officer, you’re in a hostile environment, you’re overworked and underpayed,” Burroughs said. “This is a slap in the face of the hard workers of Kansas.” Still, proponents of the bill said the measure wasn't intented to be punitive. “I don’t think this has anything to do with whether we value our employees,” Howell said. “This is not salary, this is just longevity pay.” Senate roundup: Bill inspired by Mah race approved Measure would shroud provisional voter information Posted: February 28, 2013 - 3:55pm By Andy Marso THE CAPITAL-JOURNAL Senate discussion Thursday briefly turned to the ultra-close race between Topeka Republican Ken Corbet and Democrat Ann Mah last fall and a bill to prevent efforts to find provisional voters like Mah did. Mah trailed Corbet by about 40 votes out of almost 11,000 cast after election day and asked county elections offices for the names of voters forced to cast provisional ballots so she could contact them and encourage them to take steps to ensure their votes would be counted in the county canvass. Some counties released the names, but others didn’t on the advice of Secretary of State Kris Kobach, who believed the information should be confidential under law. A federal judge eventually ruled against Kobach on that point, but senators Thursday gave initial approval to Senate Bill 177, which would codify in law that provisional voter information can’t be released until after the canvass. The vote was 29-10. "This bill was brought to us by the secretary of state, and testimony we heard in committee indicated there’s a lack of continuity in how this law is interpreted by courts,” said Sen. Greg Smith, R-Overland Park, who received advice during the floor debate from high-ranking members of Kobach's office including top elections assistant Brad Bryant. Sen. Anthony Hensley, D-Topeka, said Mah had done nothing to try and induce people into telling her how they voted, which is already prohibited by law and merely "went out and knocked on doors" to help provisional voters make sure their votes counted. “Quite frankly I don’t see what the harm is in that," Hensley said, calling the bill "a solution in search of a problem." Mah, one of Kobach's most persistent critics, ultimately lost her race against Corbet by 21 votes. Senate Democrats also blasted Kobach on Thursday for his political action committee, the Prairie Fire PAC. With a bill on the floor, SB 63, to give Kobach authority to prosecute voter fraud, Sen. Tom Holland, DBaldwin City, introduced an amendment prohibiting Kobach and future secretaries of state from establishing a PAC to raise and spend money on races other than their own. “I think we send a very, very conflicting message to our citizens when we have our top elections officer actively campaigning against others on the ballot,” Holland said. He wasn’t the only one who had objections to Kobach's campaign activity. Hensley said none of the six other secretaries of state had a PAC during his time in the Legislature. Sen. Vicki Schmidt, R-Topeka, noted that Kobach, a Republican, doled out money to defeat her in the most recent Republican primary. "I’m not sure I think it should be a Class C misdemeanor, but I do support the basis of this amendment," Schmidt said. "I think the secretary of state is charged with making sure we have fair and balanced elections, and I don’t think that should includes being involved in elections.” Holland's amendment initially failed 16-20. But he altered it, and upon re-introduction it passed 23-17. The underlying bill also passed 31-9. The Senate also passed Thursday: ■ SB 149, a bill to institute drug testing for some recipients of welfare and unemployment benefits. A Hensley amendment added drug testing for legislators. The vote was 31-8. ■ SB 199, a bill to establish an adult stem cell research facility at the University of Kansas Medical Center. Opponents, including Sen. Laura Kelly, D-Topeka, said the facility was being created outside of traditional research channels and seven of the 13 members of the advisory board proposed to oversee the facility are political appointees. The vote was 33-7. ■ SB 142, a bill to prohibit lawsuits based on “wrongful birth” claims by parents asserting their child should have been aborted. Opponents said they feared the bill would protect doctors who intentionally withhold information about pregnancy complications or fetal abnormalities, but King said those actions would still be subject to medical negligence claims. The bill passed 34-5, with five Democrats opposed. ■ SB 167, a bill to remove the statute of limitations on rape and aggravated criminal sodomy and extend the statute of limitations on all other sexually violent crimes from five years to 10. The bill passed 40-0. ■ SB 81, a bill clarifying that changes made to KORA last year to mandate local governments withhold the addresses of law enforcement officers at their request doesn’t mean those governments must destroy property records. The bill also states that concealed-carry handgun permit information isn’t subject to KORA. It passed 40-0. ■ SB 64, a bill to extend the period of time before an election in which switching parties is prohibited from 14 days to 21. ■ SB 168, a bill to provide further protections from "nuisance" lawsuits to farmers who expand or change their agricultural operations. ■ SB 124, a bill to alter the Kansas Restraint of Trade Act to conform to U.S. Supreme Court precedents regarding anti-trust laws. ■ SB 171, a bill to require school districts to post itemized budgets on their websites. Kansas Senate approves election fraud measure But Kobach-sought bill says SOS must abandon his PAC Posted: February 28, 2013 - 9:20pm By The Associated Press The Kansas Senate is willing to give Secretary of State Kris Kobach the power to prosecute election fraud, but it also wants him to abolish his political action committee. The Senate passed a bill Thursday that includes both policies. The 31-9 vote sent the measure to the House. The Republican secretary of state has sought the authority to prosecute election fraud cases since he took office in January 2011. Kobach argues that county prosecutors are often too busy to pursue such cases. But senators voted 23-17 to add an amendment barring the secretary of state from having a PAC that gets involved in partisan campaigns. The secretary of state is Kansas’ top elections official. Kobach formed his own PAC last year. Mike Hall: Legislators, we're partied out Posted: February 26, 2013 - 3:48pm By Mike Hall THE CAPITAL-JOURNAL I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. — Thomas Jefferson Some people are beginning to think our political parties are doing more harm than good. Better late than never. Others have been saying that for more than 200 years. Now some Kansas legislators are considering a bill that would give more power to the parties. The bill's authors want candidates for school boards and other local races in Kansas to run by political party. Up to now, school board and city candidates have simply run as individuals, not as members of a political party. The bill also would move local elections from April to coincide with the state and national elections in November. In questioning the wisdom of partisan local elections, I have some heavy-hitters on my side. The concern goes back at least as far as George Washington. In his farewell address as president, Washington referred to political parties as "the worst enemy" of democratic governments, "potent engines by which cunning, ambitious and unprincipled men will ... subvert the power of the people." Some thoughts on the subject by other people you may have heard of: ■ “There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other.” (John Adams) ■ "If I could go to heaven but with a party, I would not go there at all." (Thomas Jefferson) The political parties actually began coalescing soon after the framing of the Constitution. Those who favored a strong federal government and weak state governments became known as Federalists, led by Alexander Hamilton. When that group got around to organizing into a political party, they called themselves The Federalist Party. Ironically, Hamilton didn’t like the idea of political parties, either, but decided it was the best way to move his monetary policies forward. Those who disagreed with Hamilton took up the clever name of Anti-Federalists, led by James Madison and Thomas Jefferson. Soon, though, they must have thought the Anti-Federalist name wasn’t sexy enough and organized themselves into the Democratic-Republican Party, thus establishing the tradition of election of candidates by sex appeal. Like most institutions, political parties do some good. They get people interested in their governments. They give power to individuals that they wouldn’t have separately. Still, would Washington, Jefferson and Hamilton approve of today’s political parties? I don’t think so, either. Democrats' jobs bill earns GOP criticism Bill ties state contracts, tax breaks to firms with 70% Kansas workers Posted: February 26, 2013 - 1:40pm By Tim Carpenter THE CAPITAL-JOURNAL A bill championed by Topeka Sen. Anthony Hensley received an icy reception Tuesday from Republican lawmakers and big-business lobbyists skeptical of confining large state contracts and major corporate tax breaks to firms with 70 percent of employees residing in Kansas. "It makes little sense to continue to allow state dollars to pay the wages of out-of-state workers when we have Kansas workers available to do the same work," Hensley said. Under the bill recommended by a coalition of House and Senate Democrats, contractors and subcontractors involved in state contracts valued in excess of $100,000 would abide by the 70 percent rule starting in 2014. The same requirement would be extended next year to companies seeking benefits from a trio of popular state tax incentive programs for businesses. Cities, counties and other local units of government would be exempted from the bill, and projects requiring employees with expertise not readily available in Kansas wouldn’t have to comply. Sen. Julia Lynn, an Olathe Republican and chairwoman of the Senate Commerce Committee, said she was uncertain whether the bill would be discussed again by the committee because it lacked sufficient GOP votes to pass. Several Senate Republicans expressed frustration with Democrats' bid to clog the market economy with government micromanagement. "This would imply to me Kansas workers on their own can't compete in a free marketplace," said Sen. Jeff Melcher, R-Leawood. Andy Sanchez, executive secretary-treasurer of the AFL-CIO of Kansas, said skilled tradesmen who lived in Kansas were capable of securing out-of-state employment but preferred to land jobs in Kansas. Enacting the bill would help more Kansans to be involved in state tax-financed projects, he said. "Where does it end?" said Sen. Rob Olson, R-Olathe. "It might cost jobs for Kansas." Olson said a better way of creating union construction jobs would be to break the legal deadlock over plans to build a controversial coal-fired power plant in southwest Kansas. While Republicans outlined objections to Senate Bill 179 during the committee hearing, the Kansas Chamber and leaders of architecture, engineering, and builder associations shared parallel criticisms. Trudy Aron, executive director of the Kansas chapter of the American Institute of Architects, said hiring preferences were bad policy because neighboring states could engage in retribution if blocked from another state's work sites. "A Kansas firm seeking work in Oklahoma would meet the same obstacles in Oklahoma as an Oklahoma firm who seeks work in Kansas," she said. "Architects pursue work in many states, not just Kansas." Dan Morgan, president of the Builders' Association of Kansas City, Mo., said contractors and subcontractors operating in the state's interior likely would be able to comply. Border-state companies would struggle to rearrange work forces to attain the employment benchmark, Morgan said. Eric Stafford, a lobbyist with the Kansas Chamber, said eligibility for the state's economic development incentives shouldn't be limited by a requirement that "simply makes no sense and will not lead to job growth in Kansas." Under the bill, the 70 percent requirement would be applied in 2014 to companies seeking Star Tax Revenue bonds. STAR bonds are used to finance commercial, entertainment and tourism areas with debt paid by the project's sales tax revenue. The mandate would extend to Promoting Employment Across Kansas, or PEAK, which allows expanding companies to keep 95 percent of payroll withholding taxes. The High Performance Incentive Program also would be part of the law. HPIP is intended to bolster the economy with income tax credits and sales tax exemptions. Senate panel passes stem cell legislation Bill creates unit for advancing life-saving treatment Posted: February 26, 2013 - 5:14pm By Tim Carpenter THE CAPITAL-JOURNAL A Senate committee endorsed legislation Tuesday creating at The University of Kansas Medical Center what advocates believe could be a regional hub for advancement of adult stem cell research, treatment and education. The bill passed by the Senate Public Health and Welfare Committee was developed by Sen. Mary PilcherCook, R-Shawnee, and hailed by Kansans for Life and several researchers interested in stem-cell research. "I envision Kansas becoming a focal point for adult stem cell treatments," Pilcher-Cook said. "It will be the go-to place to get stem cell research therapies." The facility, Midwest Stem Cell Therapy Center, would produce clinical-grade stem cells from adult tissues, cord blood, and related materials for research and treatment. Adult stem cells have been used to treat leukemia and blood cancers. Scientists are striving for therapeutic repair of organs, including diseased hearts. If the bill survives the political process and is signed into law, the center will be forbidden from working with embryonic stem cells or cells harvested from aborted fetal tissue. The bill sent to the full Senate didn't contain authorization for the estimated $1.1 million needed for building renovations, equipment and staff to start the center in Kansas City, Kan. The unit would cost $750,000 annually to operate, but that funding has yet to be secured. "These are not funds we currently have for this program at the medical center. Funding through the appropriations process of the state or development work in the private sector would be needed to implement this initiative," said Douglas Girod, executive vice chancellor for the KU medical center. Under the bill, a 13-member advisory board would be established. A majority of members would be appointed by the governor, the Senate president or the House speaker. Sen. Laura Kelly, D-Topeka, was the lone committee vote against Senate Bill 199. She objected to creation of a university center by the Legislature rather than through normal channels starting with KUMC and ending with the Kansas Board of Regents. Composition of the center's board raises red flags, she said. "It starts to mix politics with academic research," Kelly said. Kathy Ostrowski, legislative director of Kansans for Life, said the slow process of moving adult stem cell trials into a bedside intervention had led some people in the United States to search overseas for unproven applications by unqualified physicians. "The answer is a Midwest Stem Cell Therapy Center at KU," she said. "Such a unique endeavor will focus on patient needs and, secondarily, on research and education." Kansas Senate committee endorses drug test bill Bill requires state assistance beneficiaries to submit to tests Posted: February 25, 2013 - 6:06pm By John Milburn ASSOCIATED PRESS A Kansas Senate committee endorsed a bill on Monday requiring drug tests for recipients of state certain benefits despite questions about the cost of requiring those who fail the tests to undergo evaluations and treatment. Republican Sen. Jay Emler abstained from voting on the measure — which passed on voice vote — over concerns about whether the state or the benefit recipient would pay for the cost of treatment. Emler also wondered what was meant by substance abuse, which wasn’t defined in the bill. “There are some things that need to be cleared up so we don’t have those issues,” said Emler, of Lindsborg. “I don’t’ think the bill is ready to be passed.” The requirement would apply to applicants for and participants in the Temporary Assistance to Needy Families program. Prospective employers would be required to tell the state when a job seeker who’s receiving unemployment benefits fails a company drug test or refuses to take one. That would allow the state to cut off the benefits. If a TANF recipient is found to be using drugs, the proposal would allow for benefits to be shifted to a spouse to continue the flow of aid to children, providing the spouse also passes a drug test. If that person fails, the state would attempt to continue benefits through third party, such as grandparent or other relative. The TANF program provided about $42 million in cash benefits for about 32,000 Kansas residents, including children, during the fiscal year ending June 2012. Senate Vice President Jeff King, the bill’s primary sponsor, said he sought the measure to be proactive to help Kansas residents improve their lives and ultimately find employment. King, an Independence Republican, said Monday that the cost of providing testing and treatment would be less than the $2 million fiscal note attached to the bill. “This is not punitive,” King said. “We want to identify people with drug addiction problems, give them the help they need and give them the job skills they need to kick the habit, get a good paying job and provide for their families.” Some critics of the plan said that the Department for Children and Families already had the authority to test and treat under federal “Welfare to Work” guidelines and said the measure was unnecessary. Sen. Oletha Foust-Goudeau, a Wichita Democrat, said requiring more expansive testing and treatment with the use of federal TANF funds could reduce the state’s ability to provide adequate assistance. Senate committee concurs on KNI consolidation Move will save $753K by closing one residential building Posted: February 25, 2013 - 12:07pm By Andy Marso THE CAPITAL-JOURNAL The Legislature moved one step closer to shrinking the Kansas Neurological Institute on Monday, with a Senate budget committee agreeing with a recommendation to close one of the campus' 21 residential cottages. The Topeka-based state institution for Kansans with severe developmental and physical disabilities currently has 163 beds and, as of last year, had 153 residents. Each cottage holds about eight residents. The Senate Ways and Means Committee members concurred with their House budget counterparts on a plan to close the least full one and redistribute its residents. "There was some savings there," said Sen. Jim Denning, R-Overland Park. The closure is expected to save $753,000, of which $301,000 will return to the state general fund. The House Appropriations Committee has recommended using the savings to provide home-and-community-based services to 15 disabled Kansans on a Medicaid waiver waiting list that currently numbers in the thousands. The closure would result in the elimination of 12 full-time jobs at KNI over the course of several months, through redistribution and attrition. No lay-offs are planned. Aside from the $753,000 in funding, the Senate committee members agreed with their House counterparts and Gov. Sam Brownback's budget recommendation that leaves KNI's funding at about $28 million for Fiscal Year 2014 and 2015. KNI was targeted for closure in 2009 by a commission formed by Gov. Mark Parkinson that recommended transferring its residents to community-based care. That recommendation has never been implemented, in large part due to outcry from legislators who say many communities wouldn’t be able to provide the services needed for KNI residents to thrive. But admissions to the institution have become rare in recent years, and two other cottages have been closed since 2009. House Appropriations Committee chairman Marc Rhoades, R-Newton, said his committee has asked Shawn Sullivan, secretary of the Kansas Department for Aging and Disability Services, to continue looking for efficiencies at KNI. Sullivan said Monday that is a statewide initiative. "We’re in process of looking at all our hospitals operations and how we can do things better," Sullivan said. "It’s not just KNI." Sullivan said his department is looking for private contractors to handle food service at facilities in Larned and Osawatomie, a move he believes could save "a couple million." He said moving toward generic equivalent prescription drugs at some facilities is estimated to save another $500,000. Sullivan said his department is seeking ways to "do things better without compromising the number of staff members or the services and care we provide." He said he couldn't provide specifics of where he will seek efficiencies at KNI until he had talked more to the institution's leadership. The recommendation from the House budget committee requests that Sullivan "look for savings to reduce operating costs at KNI and shorten the waiting list for the Home and Community Based Services for individuals with a Developmental Disability Waiver." "As part of this cost savings effort, the Secretary should review privatization options through a competitive bidding process," the recommendation adds. House panel weighing conceal-carry expansion Local governments, courts oppose opening doors to permit holders Posted: February 25, 2013 - 12:56pm By Tim Carpenter THE CAPITAL-JOURNAL City, county, court and community health agency officials pushed back Monday against a bill compelling public buildings to be fitted with airport-style security screening or allow concealed weapon permit holders to enter with a firearm. Chris Mechler, court services officer with the Kansas Office of Judicial Administration in Topeka, told a House committee only 12 of the state's 110 courthouses and none of the 25 court-related office buildings had "adequate security measures," classified as metal detectors or wand-toting security staff, to continue a ban on weapons other than those held by law enforcement officers. If security upgrades weren't made in accordance with House Bill 2055, operators of public buildings would be required to open doors to conceal-weapon carriers. "In court facilities, where we bring people in conflict together, introducing the possibility of a concealed weapon, substantially raises the risk to everyone in the building," Mechler said. Officials with Lenexa, Kansas City, Kan., Wichita, Johnson County and the Kansas Association of Counties testified against the bill. The Association of Community Mental Health Centers of Kansas, the umbrella group for the state's 27 health centers, as well as the association serving 35 local community corrections offices, requested an exemption from the proposal. Under the measure, state or municipally owned medical care facilities, state or municipally owned adult care homes, as well as universities and colleges, would be exempt for a period of four years. Advocates of reforming the public-access gun law presented testimony that Kansas inappropriately authorized government and university administrators to block license holders and create an environment more likely to be exploited by criminals. Kevin Murray, a probation officer in Manhattan, said he would welcome more interaction, as a private citizen and public servant, with people carrying a legal, concealed weapon. "I have no problem with that," he said, "as I have contact with those individuals in a variety of public settings now, whether that's at the shopping mall, restaurants, the movie theater, the dog park or any other public or private place not currently prohibited by existing law." The House Federal and State Affairs Committee is expected to pass out the bulk of HB 2055, which also would override local ordinances, including those enacted in Leawood, Prairie Village and Kansas City, Kan., to outlaw open carry of firearms. Al Terwelp, state chairman of the Kansas Libertarian Party, said the organization filed lawsuits against each of the cities to end defiance of the state's open-carry statute. "This bill is desperately needed to help protect law enforcement and law-abiding citizens who choose to exercise their Second Amendment rights," he said. Leslee Rivarola, assistant city administrator in Lenexa, said the city opposed legislation to pre-empt local standards for open carry of firearms. If the bill advances, she said, the measure ought to be amended to require the same licensing standards for open carry that exist in Kansas for conceal carry. The attempt by the House to control policy for cities and counties mirrored the federal government's imposition of its will on states, said Mike Taylor, who represents the Unified Government of Wyandotte County and Kansas City, Kan. Taylor said the proposed Family and Personal Protection Act was an example of "big government forcing its views and mandates onto local citizens and communities." "It is a state version of 'command and control' government," he said. "It is certainly not limited government." Some Kansas farmers support crop insurance changes Bill would reduce subsidies for newly converted land Posted: February 26, 2013 - 4:29pm By Megan Hart THE CAPITAL-JOURNAL Legislation to limit crop subsidies would seem about as welcome to farmers as a roast pig at a meeting of vegetarians, but some farmers think it would protect their long-term interests. The Protect our Prairies Act, introduced by a South Dakota Republican and a Minnesota Democrat in the U.S. House of Representatives earlier this month, would cut crop insurance subsidies for grasslands that weren’t previously used for agriculture. Supporters, including the American Farmland Trust, estimated it would save about $200 million by not allowing farmers to use the yields from their existing fields for newly converted ones, because subsidies are based on a piece of land’s historical or expected yield. The American Academy of Sciences reported earlier this month that 1.3 million acres of grassland in the Dakotas, Minnesota, Iowa and Nebraska were converted into cropland between 2006 and 2011 — mostly to grow corn and soybeans. The report was based on satellite images, which didn’t include Kansas and southern areas of the Great Plains. Kansas Farmers Union president Donn Teske said he thinks the proposal to limit some crop insurance subsidies is worth discussing. Land prices are so high now that farmers have begun converting unused land or grazing pastures into fields, he said. “The thing probably has some merit to it,” he said. “When that price bubble collapses, we’re going to have to deal with overproduction again.” In his own area, some land that wasn’t used for crops since the 1930s, having been converted into pastures, is now being used to grow soybeans, Teske said. He said he believes assisting farmers with crop insurance is a good investment in general, because it helps farmers produce a steady food supply, but if the land has a lower productivity, it doesn’t make sense to subsidize its insurance. “A lot of this land is marginal land, and there’s a reason it’s been back to grass,” he said. Rep. Lynn Jenkins, R-Kan., said she preferred to look at crop subsidies as part of a comprehensive farm bill. “I learned growing up on my family’s farm in Jackson County that farmers and ranchers are our nation’s best conservationists,” she said. “And the fact that Kansas is second in the nation, behind only Texas, in total acreage enrolled in the Conservation Reserve Program shows that our farmers and ranchers make conservation an essential part of their land management.” The Conservation Reserve Program, run by the U.S. Department of Agriculture, pays farmers to plant longterm cover crops, such as grasses, on environmentally sensitive land to reduce erosion, improve water quality and provide wildlife habitat. From the Wichita Eagle Kansas’ strength is workforce, schools, roads It was striking that Graham Toft, president of the Florida-based consultant group GrowthEconomists Inc., told Gov. Sam Brownback’s council of economic advisers last week that Kansas should rebrand itself by focusing on its high-ranking educated workforce, quality K-12 schools, robust roads and railways, and “roll up your sleeves” Midwest culture. In other words, some of the state services that have been jeopardized by Brownback’s reckless push to eliminate state income taxes. Read more here: http://blogs.kansas.com/weblog/2013/03/kansas-strength-is-workforce-schoolsroads/#storylink=cpy Local doctors backing Medicaid expansion Officers of the Medical Society of Sedgwick County are hoping that Gov. Sam Brownback allows the federal expansion of Medicaid. Society president Bart Grelinger told The Eagle editorial board that the Medicaid program in Kansas is currently “one of the worst in the nation” in terms of eligibility criteria, and that “there is not really a downside” to the expansion. Donna Sweet, society president-elect, said that Medicaid should be expanded for compassion reasons, but that it also makes economic sense. A study released last week by the Kansas Hospital Association estimated that the expansion would inject more than $3 billion into the state’s economy, would create 4,000 jobs over the next seven years, and could save the state more money than it costs. Read more here: http://blogs.kansas.com/weblog/2013/02/local-doctors-backing-medicaidexpansion/#storylink=cpy Brownback should follow Scott’s lead on Medicaid There likely was no governor who opposed federal health care reform more than Florida Gov. Rick Scott (in photo). But when it came to deciding whether toallow a federal expansion of Medicaid, Scott put the interests of citizens before his own ideology and preferences – as Gov. Sam Brownback also should do. Scott said last week: “Quality health care services must be accessible and affordable for all – not just those in certain ZIP codes or tax brackets.… While the federal government is committed to paying 100 percent of the cost of new people in Medicaid, I cannot, in good conscience, deny the uninsured access to care.” Read more here: http://blogs.kansas.com/weblog/2013/02/brownback-should-follow-scotts-lead-onmedicaid/#storylink=cpy Kansas Supreme Court orders mediation in school funding lawsuit By Suzanne Perez Tobias The Wichita Eagle Published Friday, March 1, 2013, at 5:16 p.m. The Kansas Supreme Court on Friday ordered mediation of the dispute over school finance and a stay of a decision issued earlier this year, in which a three-judge panel said state funding for public schools is unconstitutionally low. The requests for mediation and a stay were filed last month by Kansas Attorney General Derek Schmidt, at the request of Gov. Sam Brownback. A lead attorney for the school districts suing the state said neither order surprised him, and that his team isn’t opposed to mediation. “Anything that would move this issue toward resolution has got to be good for the kids of Kansas,” said John Robb, lead attorney for Schools For Fair Funding, a coalition of 52 Kansas districts including Wichita. “If this has the potential of setting Kansas on the right course for its kids, then full speed ahead and we’ll see where it goes.” The ruling issued in January calls for lawmakers to raise the base per-pupil state aid from $3,838 to $4,492, at a cost of about $437 million statewide. Wichita’s share of the court-ordered increases would be about $59 million. According to the court order issued Friday, parties in the lawsuit will have seven days to agree to a mediator; if they fail to agree, the court will appoint one. The state Supreme Court also stayed the order and judgment of the three-judge panel until the appeal is heard. “It does not come as a surprise,” Robb said of the stay. “I am encouraged that the court has indicated that this won’t slow the appeal down, because … we have said we feel that the kids of Kansas have waited long enough.” Read more here: http://www.kansas.com/2013/03/01/2697812/kansas-supreme-court-ordersmediation.html#storylink=cpy Senate committee rejects governor’s plan to improve fourth-grade reading in Kansas By BRENT D. WISTROM Eagle Topeka bureau Published Tuesday, Feb. 26, 2013, at 4:41 p.m. TOPEKA — A split Senate panel defeated Gov. Sam Brownback’s proposal to improve fourth-grade reading by holding back third-graders who can’t read at grade level. The Senate Education Committee opposed the Kansas Reads to Succeed Act on a 6-5 vote Tuesday. Brownback made improving fourth-grade reading proficiency one of his top priorities when he ran for governor. In addition to holding third-graders with insufficient reading skills back, the bill would have required schools to test students in pre-kindergarten, kindergarten and first and second grade to identify reading problems. It would have provided grant money for districts and would have rewarded schools in the top 100 for reading scores with $10,000. An addition to the bill, created by Arkansas City Republican Sen. Steve Abrams, would have allowed third-graders to re-take the reading test if they failed on the first attempt. But the plan still failed to get enough traction. Republican Sens. Dan Kerschen of Garden Plain, Vicki Schmidt of Topeka, Kay Wolf of Prairie Village and Ralph Ostmeyer of Grinnell opposed the bill along with Democratic Sens. Anthony Hensley of Topeka and Pat Pettey of Kansas City. School officials from Topeka and Kansas City, Kan., opposed Brownback’s reading plan and said the money could be better spent on other reading improvement strategies. Wichita’s school district suggested remodeling the bill entirely. Schmidt said the state should focus more on reading programs for younger kids. “I think the train has to be backed up much, much further than third grade to make a difference,” she said. Schmidt questioned how much retaining third-graders might cost local school districts, but no estimate was available. Hensley, the Senate minority leader, said the state is dealing with scarce education resources and state money would be better spent on early childhood reading programs. “It makes absolutely no sense, in my estimation, to retain children at third grade,” he said. But Sen. Jeff Melcher, R-Leawood, said it’s important to deal with students’ reading troubles, and the governor’s plan would improve reading by giving students the motivation of a consequence. “There’s nothing more motivating than having a dead certain consequence,” he said. Abrams, who is chair of the education committee, said it’s possible the plan could reemerge later in the session. Read more here: http://www.kansas.com/2013/02/26/2692801/senate-committee-rejectsgovernors.html#storylink=cpy School officials oppose Kansas governor’s plan to hold back students who can’t read By BRENT D. WISTROM Eagle Topeka bureau Published Monday, Feb. 25, 2013, at 2:25 p.m. TOPEKA — Gov. Sam Brownback’s proposal to improve fourth-grade reading by holding back thirdgraders who can’t read at grade-level met opposition from school district officials from Kansas City, Kan., and Topeka on Monday. Wichita officials, meanwhile, say the money Brownback has proposed spending to improve fourthgrade reading levels would be better spent on a statewide training program that better equips teachers. “Retention is quite an expensive strategy,” said Diane Gjerstad, a lobbyist for the Wichita school district. Jon Hummell, Brownback’s policy director, said retention isn’t the goal of the governor’s plan. He said the governor wants to stop the social promotion of third-graders who can’t read. Brownback’s budget includes $10 million in targeted intervention programs to help students and improve kindergarten and preschool programs, he said. “It is our sincere hope that over time the combination of these efforts will render social promotion obsolete because every Kansas child will know how to read,” Hummell wrote in testimony to the Senate Education Committee. Julie Ford, superintendent of Topeka Public Schools, said a student from a poor family may enter kindergarten with a 400-word vocabulary, limited access to books and libraries, no preschool experience and virtually no encouragement in reading. Meanwhile, a more privileged student may enter with preschool education, loads of encouragement, books and an iPad and a 1,100-word vocabulary. She suggested that the state consider funding full-time kindergarten and add more school days to the school year since fewer students now need summers off for farm work. “Retention is not a good use of time,” she said. Senate Bill 169, known as the Kansas Reads to Succeed Act, is a cornerstone of Brownback’s “roadmap” for the state. In addition to holding back third-graders who can’t read at grade level starting in 2016, the bill would identify the top 100 elementary schools for fourth-grade reading proficiency and award districts with at least one school in the top 100 with $10,000. It’s unclear whether the Senate panel that heard testimony on the bill will vote to advance it to the Senate. Read more here: http://www.kansas.com/2013/02/25/2691084/school-officials-opposekansas.html#storylink=cpy Brownback should listen to Christie, not House panel As Gov. Sam Brownback decides whether to allow an expansion of Medicaid in Kansas, he should listen to New Jersey Gov. Chris Christie (in photo), who this week became the eighth GOP governor to approve the expansion. Christie, who has been a fierce critic of the federal health care law, carefully reviewed the issue and concluded that the expansion is “the smart thing to do for our fiscal and public health.” He noted that it would provide insurance to tens of thousands of low-income residents, help keep hospitals financially healthy and actually save his state money. A study by the Kansas Hospital Association found the same would be true in Kansas –and that the expansion would inject more than $3 billion into the Kansas economy over the next seven years. However, none of that appeared to matter to a Kansas House panel, which approved a resolution Tuesday opposing the expansion. Read more here: http://blogs.kansas.com/weblog/2013/03/brownback-should-listen-to-christie-not-housepanel/#storylink=cpy Brownback warns that Washington budget cuts could shutter meat plants Kansas Gov. Sam Brownback warned that Kansas meat processing plants may shut down if automatic federal budget cuts lead the Obama Administration to temporarily layoff meat inspectors. In a letter sent Thursday to U.S. Agriculture Secretary Tom Vilsack, Brownback and Kansas Secretary of Agriculture Dale Rodman said that Vilsack’s recent comments about sequestration cuts leading to furloughs for meat inspectors is a major concern for Kansas because lack of inspections would cause an excess of market-ready animals that can’t be shipped out of state or sold. “In addition, consumers will face limited meat supplies and potentially higher prices,” Brownback and Rodman warned in the letter. That’s because meat that is not inspected can’t be sold. At least one federal official has said the potential furloughs could be staggered to avoid such meat production shutdowns, according to CNBC. Vilsack said it could take months before the furloughs would happen. Kansas is home to several major meat packing plants, and Brownback said lagging inspections could cost the state industry hundreds of millions. To learn more about the beef industry in Kansas and elsewhere, see arecent project by the Kansas City Star. Read more here: http://blogs.kansas.com/gov/2013/02/28/brownback-warns-that-washington-budgetcuts-could-shutter-meat-plants/#storylink=cpy Eagle editorial: Arts still at risk Published Wednesday, Feb. 27, 2013, at 12 a.m. In 2011 Kansans loudly objected when Gov. Sam Brownback said the arts were not a core service deserving of public dollars, prompting the Legislature to intervene. Now, Kansas lawmakers must do better than the $200,000 that the governor proposes for the arts for each of the next two years – a $500,000 cut from the current year. Not that the state’s new approach to supporting the arts is working as intended. As the advocacy group Kansas Citizens for the Arts noted earlier this month: “The new Kansas Creative Arts Industries Commission is not doing enough to support the arts in Kansas. No funds have been granted yet, with the funding year almost half over, and the proposed programs are not what artists and arts organizations have said they need.” The new commission is taking applications for two new programs, the Creative Economy Project Support and Creative Arts Industry Incentives, and its focus on creating jobs and building publicprivate partnerships may be well-intended. But it isn’t what Kansans could count on from the nowdefunct Kansas Arts Commission, which had 45 years of experience in seeding and strengthening local arts and cultural activities. The new commission, which is housed in the Kansas Department of Commerce, only held its first meeting in January, and there has been confusion about who answers to whom. With the commission so slow to get its act together, the state still seems far from being able to restore the $1.2 million in annual funding Kansas once received from the National Endowment for the Arts and the Mid-America Arts Alliance. Meanwhile, the private organization that Brownback touted as the successor to a state arts agency, the Kansas Arts Foundation, hasn’t had much of an impact. Last week it announced its first three grants totaling just $6,500, which included a welcome $2,500 for Wichita Children’s Theatre and Dance Center. But as bad as things are, they will be worse if the governor succeeds in cutting funding for the new commission from $700,000 to $200,000, given that $150,000 in the current budget year reportedly is going for administrative costs. Lawmakers can hear from advocates and other arts-loving Kansans during Arts Day at the Capitol on Thursday, and should heed their reports about what the loss of state support has meant for arts organizations and communities. Those who contacted their legislators two years ago to voice their support for the arts need to do so again, especially because the 2013 Legislature contains so many new members who may not have heard the message yet. The damage of the governor’s assault on the arts is far from undone, and would only worsen under his budget proposal. For the editorial board, Rhonda Holman Read more here: http://www.kansas.com/2013/02/27/2691043/eagle-editorial-arts-stillat.html#storylink=cpy R.D. Fogo: Turnpike ‘ain’t broke’ By R.D. Fogo Published Friday, March 1, 2013, at 5:24 p.m. Updated Friday, March 1, 2013, at 5:25 p.m. “If it ain’t broke, don’t fix it” was the advice the late L.W. Newcomer, the Kansas Turnpike CEO, gave to his staff and his newly hired assistant in January 1966. It was his way of saying that when managing a state agency, “don’t overspend.” It is still good advice today. But after 10 years of being open to traffic, the turnpike was, in fact, perilously close to being “broke.” Few employees had been given pay increases during those 10 years; no bonds had been redeemed from revenues; the under-designed 4-inch-thick asphalt pavement over a rock base had wheel ruts nearly that deep. The road was rough. There were no guard rails around the piers, and the fatality rate was astronomical for a major highway. Traffic and revenues were far below projections, and what maintenance reserve funds had been accumulated over 10 years had been diverted to build two new interchanges in Kansas City, leaving a pittance for day-to-day maintenance of a 236.5-mile, four-lane highway. When the Kansas Turnpike Authority was created in 1953, the only way the legislation stood a snowball’s chance to be enacted was to include language that guaranteed the state would never be responsible for the proposed debt should the turnpike go “belly-up.” It was clear from the start that the Kansas Turnpike Authority and the Kansas Highway Commission (later renamed the Kansas Department of Transportation) were two separate state agencies with different rules and regulations. Unlike KDOT, the KTA was purposefully allowed to establish many of its own rules and regulations. The KTA employees were not to be civil service employees. There was even language that asserted the KTA was not subject to the control or supervision of any other state agency, and language precluded the direct supervision of the governor. After the initial euphoria of building such a large multilane project in only 22 months, the reality began to sink in that it was very possible the turnpike, in addition to ending in an Oklahoma wheat field, would end at the edge of a bondholder “fiscal cliff.” But fortunately, expenses were minimized, traffic and revenues increased and, over time, maintenance improved and guard rails and median barriers were put in place. It was a needed route, and 60 years after its birth it is a well-maintained and -managed highway, arguably equal or better in quality than many, if not most, of its younger peers anywhere in the country. What hasn’t been widely recognized is this: States that had substantial toll-road mileage, which was incorporated into the interstate system of highways in 1956, have a significant financial advantage over states that do not have toll roads. If one thinks of all the interstate roads in Kansas as a system, KDOT and the federal Highway Trust Fund were spared the cost of building 236.5 miles of four-lane highway. With or without the turnpike, the state of Kansas receives exactly the same federal fuel tax allotment. With the turnpike, KDOT got to spend 100 percent of its federal distribution on roughly 80 percent of its interstate mileage, a real advantage for the state. With the turnpike, KDOT also was saved from spending the 10 percent matching funds from state fuel taxes. But there is more. Everyone knows the tolls pay for the turnpike operations. But turnpike customers’ vehicles also burn fuel, and those fuel taxes go to supplement KDOT funds for use on its roads. The original cost savings, maintenance savings, reconstruction cost savings, fuel taxes from turnpike customers over 56 years – all have accrued to KDOT and state taxpayers. Fifty-six years of toll funding in Kansas has made a multibillion-dollar funding advantage for Kansas interstates over those states without turnpikes. Toll-road customers already pay twice – the toll and their fuel taxes that go to the state. Combining KTA and KDOT, as Gov. Sam Brownback proposes, will only dilute the turnpike revenues, and any managerial savings soon will dissipate into thin air as turnpike revenues are spent on roads far away from the turnpike. Raising tolls to support other projects is in a sense making turnpike customers pay three times. “Fixing the road when it ain’t broke” seems to me to be a bad deal all the way around. Read more here: http://www.kansas.com/2013/03/03/2697849/rd-fogo-turnpike-aintbroke.html#storylink=cpy Kansas House passes ‘Celebrate Freedom Week’ measure By John Milburn Associated Press Published Friday, March 1, 2013, at 5:41 p.m. TOPEKA — – A bill hat would require schools to devote a week in mid-September each year to focus on teaching students about the country's founding won backing from the state House on Friday. The “Celebrate Freedom Week” measure, one of several bills sponsored by conservative Republicans that would affect school curriculums, passed on a 95-25 vote. It would require the State Board of Education to develop rules and regulations for public schools in collaboration with other state agencies and private entities who volunteer to participate. A handful of states, including Texas in 2001, have adopted similar weeks dedicated to civics instruction. The measure also states that religious references in the writings shall not be censored from the teaching of the materials. Supporters didn't mention religion or specific constitutional rights during their debate, instead focusing on the desire to increase patriotism and general knowledge they see as lacking in the state. “I see it as an engaging time. It should be a fun time,” said Rep. Kelly Meigs, lead sponsor of the bill and a Lenexa Republican. Rep. John Bradford said students weren't being taught U.S. history and government in depth, often glossing through major events in a few paragraphs or pages. He said freedom week would be a chance to go beyond textbooks on subjects. Bradford, a sponsor of the bill who spent more than 20 years in the military, said he wants to instill a greater sense of patriotism in Kansas' children. “I have pride and I want to instill that pride in all the kids in the neighborhood,” the Lansing Republican said. Opponents said schools don't need more regulations on what goes on in the classroom. “How ironic that we have a bill with freedom in the name that is one more mandate on local government,” said Rep. Don Hineman, a Dighton Republican. Although he didn't disagree with the concept of more focus on history, Rep. Ed Trimmer said requiring a full week in September to teach the subject could be out of synch with the rest of the civics curriculum. He also said the bill was advanced to debate without discussion in committee about what the State Board of Education already requires schools to teach students about history and government in existing academic standards. “We're making assumptions about something that we know nothing about,” said Trimmer, of Winfield, who is the ranking Democrat on the House Education Committee. House Minority Leader Paul Davis, a Lawrence Democrat, said it's not the fault of schools and teachers that most Kansas residents lack sufficient knowledge of history, adding that the responsibility falls to parents and others to talk about the subject with students. “We probably should all just look in the mirror,” Davis said. Rep. Ward Cassidy, a St. Francis Republican, said he supported the concept but would prefer it be a nonbinding resolution instead of a mandate requiring schools to teach something legislators feel is important. He said he thinks students should learn how to give a good handshake to others, but that legislators shouldn't be requiring schools to teach that. “I don't think that every time we have a great idea that we should mandate schools to do that great idea,” Cassidy said. The bill is one of several conservatives have sponsored that would affect school curriculums, including one that would require teachers to give equal treatment to viewpoints on global warming and other topics that contradict the prevailing scientific views. They also are seeking to block implementation of the federal Common Core Standards for reading and math, calling it an unfunded mandate on states and forcing them to give up control of what is taught in the classroom to a national consortium. Read more here: http://www.kansas.com/2013/03/01/2697888/kansas-house-passescelebrate.html#storylink=cpy Standing-room-only crowd at legislative forum includes many teachers By Molly McMillin The Wichita Eagle Published Saturday, March 2, 2013, at 3:44 p.m. Updated Sunday, March 3, 2013, at 12:38 a.m. More than 300 people, many of them teachers, attended a South-Central Kansas Legislative Delegation forum Saturday to share concerns about a variety of issues and pending bills in the Kansas Legislature, including collective bargaining, school funding, Medicaid and a proposal for the state to take over the Kansas Turnpike. The forum, which was standing room only, was held at the National Center for Aviation Training. It is the first of three forums to be held in the next two months. Members of the Kansas House of Representatives and the Senate from south-central Kansas participated in the event, which was moderated by Sen. Oletha Faust-Goudeau, D-Wichita, chair of the delegation. Many attendees voiced concern over a variety of proposals that they say would ultimately hurt teachers and students. Teachers raised concerns about one proposal that, if passed, would overhaul collective bargaining for public employees, such as teachers, police and firefighters. Under the legislation, teachers could negotiate contracts individually with local school districts, although some issues would be deemed non-negotiable. The change is an attack on collective bargaining, Randy Mousley, president of United Teachers of Wichita, said after the forum. The union represents about 4,000 Wichita teachers. “Collective bargaining has been effective in this state for 40 years,” Mousley said. Rep. Nile Dillmore, D-Wichita, said he is committed to ensuring that collective bargaining rights won’t be interfered with by legislators. The current statutes are working well, he said. Rep. Gene Suellentrop, R-Wichita, vice chairman of the House Commerce, Labor and Economic Development Committee, said the issue has been distorted. “There are no smoke-filled rooms, no closed-door meetings,” Suellentrop said. Suellentrop said after the forum that the change, however, would benefit teachers. School boards need more flexibility and local control to adjust to changes, Suellentrop said. The issue will be discussed at 1:30 p.m. Wednesday by the Commerce and Labor committee. The public is invited. Another issue facing teachers is whether public employees can have money deducted from their paychecks for union dues and political action. Some teachers said they oppose a proposal that would bar the automatic, voluntary deductions from teachers’ and government workers’ paychecks. Natalie Aramburu, a teacher at Truesdell Middle School, received a standing ovation after telling legislators that she is concerned about that potential ban. “I did not give up my private citizen rights when I became a teacher,” Aramburu said. “It’s my money. I earned it.” She, not the state, should be the one to decide what can be deducted from her paycheck, she said. Supporters of the legislation say that it’s not the state’s role to deduct that money, and that public employees can still donate money to the groups. One speaker, who said she works for the Kansas Department for Children and Families, said she has not had a pay raise in eight years. Case loads have doubled, and the Wichita office has not been fully staffed for the last two years, she said. She is concerned about an effort to privatize the department. “What have state employees done that we deserve this type of treatment?” she asked legislators. One legislator said it was the first time he’d heard about the effort to privatize, but that he would check into it. Attendee Bonita Gooch raised concerns about payday loans, which she called “devastating” to the community, sales taxes on food and the “overincarceration of the jail system.” A second public forum is scheduled for 9 to 11 a.m. March 23 at Wichita State University’s Hughes Metropolitan Complex at 29th Street North and Oliver. The third forum is scheduled for 6:30 to 8:30 p.m. May 6 at Derby City Hall, 611 Mulberry Road in Derby. Read more here: http://www.kansas.com/2013/03/02/2698757/standing-room-only-crowd-atlegislative.html#storylink=cpy Lawmakers love telling locals what to do Local officials across the state are frustrated by all the legislation in Topeka that would impose new mandates and restrictions on local governments. Wichita City Council member Peter Meitzner told the Topeka Capital-Journal that there were six or seven bills in Topeka that would have a direct impact on how a city operates – such as restriction on how cities and counties raise property-tax revenue, where they can ban guns, and whether they can spend their tax dollars on sustainable development. There also are a number of bills that would place new mandates on local school boards. What’s ironic is that these bills are being proposed by limited-government conservatives (some of them from Sedgwick County). “The Legislature and individual legislators hate it when the feds mandate for them – unfunded or not – things they have to do,” said Rich Eckert, Shawnee County’s attorney. “However, they have very little compunction about turning around and doing the same thing to local units of government in Kansas. And I don’t understand that.” Read more here: http://blogs.kansas.com/weblog/2013/03/lawmakers-love-telling-locals-what-todo/#storylink=cpy Kansas legislators’ decisions so far in the session By BRENT D. WISTROM The Wichita Eagle Published Sunday, March 3, 2013, at 12:28 a.m. Updated Sunday, March 3, 2013, at 12:38 a.m. Lawmakers, including a historically large batch of freshmen, are working to put their mark on Kansas in a wide variety of ways. Here’s a quick look at some of their decisions halfway through the session. Drug testing Senators have agreed to require drug tests of welfare and unemployment recipients suspected of using illegal substances, sending those who fail to treatment and job training. Democrats forced a successful vote to include lawmakers in such tests. The bill now goes to the House. Guns A House committee has endorsed a plan to shield Kansas-made guns and ammunition from federal gun-control measures. Federal officers who tried to intervene could be arrested. A proposal to let licensed Kansans carry concealed guns into more public buildings is also still alive. Education The Senate has approved a proposal to let voters decide on a constitutional amendment preventing courts from ordering lawmakers to spend more on schools; it still must go to the House. Gov. Sam Brownback’s plan to hold back third-graders who can’t pass reading tests failed in committee. Here’s where other key issues stand at the midway point in the legislative session. Bills that have been approved in one chamber still must gain approval in the other. Judges The Senate approved a constitutional amendment to let the governor select Supreme and Appeals court judges, subject to Senate confirmation. But the proposal seems unlikely to pass in the House. The House, meanwhile, approved a bill that lets the governor select only appeals judges, a change that doesn’t require a public vote. Labor The House voted to prevent public employees from volunteering to have a portion of their paycheck docked to fund political advocacy. A bill to change how judges who rule on workers compensation claims are selected has also advanced. And a bill to limit teacher union collective bargaining is also still alive. But it’s unclear whether they’ll garner enough support. Abortion The Senate approved a bill intended to keep a doctor from performing an abortion based on gender. A doctor could face criminal charges and lawsuits from a woman or family member. Alcohol A proposal to allow grocery stores and other retailers to sell stronger beer, wine and spirits didn’t get much discussion in the first half of the session, but is poised for debate starting next week. Immigration Despite a pile of ideas aimed at stricter enforcement of immigration laws and attempts to generate discussion about requiring employers to use E-Verify to check residency status, it’s unlikely the House or Senate will take up any major changes. Medicaid expansion No decision has been made about whether to expand Medicaid to more Kansans under new federal health care laws. But a House panel voted against expanding it, a move that, if affirmed in subsequent votes, would likely send a message to Brownback that lawmakers oppose the expansion. Rape Both chambers have passed bills that eliminate the statute of limitations for the prosecution of rape cases. Under current law, prosecution has to start within five years from when the rape occurred. The bill also allows prosecution of sexually violent crimes anytime within 10 years of when the victim turns age 18 — or within one year of when authorities establish a conclusive DNA link between the crime and the suspect. Turnpike A proposal to merge the Kansas Turnpike Authority into the Kansas Department of Transportation remains alive in theory, but a bill proposing that did not get a full vote in the House. Voting The Senate approved a plan that increases penalties for voting crimes and gives the secretary of state the power to prosecute those crimes. Read more here: http://www.kansas.com/2013/03/03/2699403/legislators-decisions-sofar.html#storylink=cpy Kansas House approves bill eliminating statute of limitations in rape cases By BRENT D. WISTROM Eagle Topeka bureau Published Friday, March 1, 2013, at 10:12 a.m. Updated Saturday, March 2, 2013, at 7:48 a.m. TOPEKA — The Kansas House unanimously voted Friday to eliminate the statute of limitations for the prosecution of rape cases. The Senate on Thursday unanimously approved a similar bill. Under House Bill 2252, rape or aggravated criminal sodomy could be prosecuted any time after the crime occurs. Under current law, prosecution has to start within five years from when the rape occurred. The bill also allows prosecution of sexually violent crimes anytime within 10 years of when the victim turns age 18 — or within one year of when authorities establish a conclusive DNA link between the crime and the suspect. Several rape and molestation survivors testified to House and Senate committees in recent weeks, pleading with them to extend the state’s statute of limitations so that rapists — including those who have confessed — could be prosecuted. State officials say the new laws can’t be applied retroactively, so it won’t benefit victims who testified. But, if approved and signed into law, lawmakers say it could help future victims get justice. At least 20 states have no time limit for prosecuting rape, according to the Rape Abuse and Incest National Network. Ten states, including Kansas, have statutes of limitation of five years or less. Read more here: http://www.kansas.com/2013/03/01/2697286/kansas-house-approves-billeliminating.html#storylink=cpy Kansas Senate passes bill to require drug tests for welfare, unemployment recipients By BRENT D. WISTROM Eagle Topeka bureau Published Thursday, Feb. 28, 2013, at 10:59 a.m. Updated Friday, March 1, 2013, at 6:39 a.m. TOPEKA — The Senate approved a bill Thursday requiring drug testing for welfare and unemployment benefits recipients – as well as lawmakers – suspected of drug use. The 31-8 vote, mostly along party lines, advances Senate Bill 149 to the House. Gov. Sam Brownback has been noncommittal about his support for the concept of testing welfare recipients. The proposal calls for drug tests whenever state officials have reasonable suspicion that someone receiving or applying for welfare or unemployment benefits is using drugs. Suspicion could be raised during addiction screening by the Department for Children and Families or by missed meetings or criminal records. A proposal pushed by Democrats to also test any lawmaker suspected of drug use was added to the bill. Suspicion of drug use by lawmakers could be identified by the Department of Administration based on criminal records or other complaints. The governor, lieutenant governor and their staffs already have to take drug tests, administration officials say. Benefits recipients who fail the test would lose state assistance until they complete drug treatment and job skills programs. Lawmakers who fail would also have to enter treatment and job skills training. Republicans say the proposal will provide people with drug addictions help in kicking their bad habits and prevent state tax dollars from being spent on illegal substances. Senate Vice President Jeff King, R-Independence, who crafted the bill, said it is not intended to be punitive, and he has stressed that the children of people who fail tests will still be able to get state assistance via a third-party surrogate who can pass a drug test. Democratic Sens. Oletha Faust-Goudeau of Wichita, David Haley of Kansas City, Tom Hawk of Manhattan, Laura Kelly of Topeka, Anthony Hensley of Topeka and Pat Pettey of Kansas City opposed the bill. Lindsborg Republican Sen. Jay Emler and Topeka Republican Sen. Vicki Schmidt also opposed it, saying too many questions about cost and treatment remain unanswered. Hawk said an addiction specialist he talked to said drug testing welfare recipients probably has more to do with political posturing than anything else. He said the specialist also said drug testing is largely ineffective in detecting drug use, except for marijuana, which remains detectable for a few weeks. Many narcotics can be detected by standard tests only within a few days of use, according to several testing labs and detection schedules. Faust-Goudeau said that poor Kansans are already embarrassed to seek state assistance and that testing them for drug use makes it worse. “That’s just outrageous,” she said. Read more here: http://www.kansas.com/2013/02/28/2695596/kansas-senate-passes-bill-torequire.html#storylink=cpy Follow legislative intent on problem gambling When the 2007 Legislature made the controversial decision to allow stateowned destination casinos, it built in a social safeguard that even gambling opponents should have been able to support: a requirement that 2 percent of the gambling revenue from those casinos go to the Problem Gambling and Addictions Grant Fund. So it’s inexplicable that the state has allocated only 9 percent of that 2 percent to help problem gamblers so far, according to testimony heard recently by the Kansas Racing and Gaming Commission, and that Gov. Sam Brownback’s fiscal 2014 budget proposal appears to entirely eliminate funds to treat problem gambling. It’s a further concern that $6.5 million of the $9 million generated for the fund so far went to Medicaid for services for other addictions. Legislative intent was clear, and a recent poll showed strong public support for using public funds to make problemgambling treatment available and affordable. The Brownback administration needs to keep that promise. By Rhonda Holman Read more here: http://blogs.kansas.com/weblog/2013/02/follow-legislative-intent-on-problemgambling/#storylink=cpy Area health clinics could get fewer funds if budget cuts go into effect By Kelsey Ryan The Wichita Eagle Published Tuesday, Feb. 26, 2013, at 11:26 p.m. Some local health clinics could lose up to 5 percent of the funds they receive through federal grants if budget cuts take effect Friday as planned. “We’re all going to share the pain,” said Dave Sanford, GraceMed CEO. “We hope to make that funding up from other sources, but we’re not sure where that would be.” The funding cuts are part of what is known as sequestration, which is a package of federal budget cuts that go into effect because President Obama and Congress could not agree on a spending-andrevenue plan more than 18 months ago. The cuts had been set to go into effect at the start of 2013, but Congress and the president agreed to push off the date to the end of February. Sanford says the cuts would equal a loss of about $60,000 in federal funds for GraceMed. He said the cut could affect staffing and the number of patients the clinics could see next year. “It could mean about 1,400 unduplicated patients we would not be able to serve,” he said. The reimbursement rates for providing care to people on Medicare and Medicaid would not change as part of the cuts, Sanford said. Last year, GraceMed clinics served more than 29,000 unduplicated patients. “Cuts to domestic programs, like to Federally Qualified Health Centers, has always been on the table,” Sanford said. “Some in Congress want to take more of a scalpel instead of hatchet approach, but the whole idea of the automatic cuts was to force Congress to develop a budget.” According to the National Association of Community Health Centers, up to 900,000 patients could be affected by the budget cuts nationwide. In total, health care centers around the country could face up to $120 million in funding cuts, the NACHC says. Teresa Lovelady, CEO and president of the Center for Health and Wellness in Wichita, said the cuts could mean about $125,000 less, or 750 fewer patient visits, for her clinic. The center serves about 4,000 people each year, Lovelady said. About 40 percent of patients are uninsured and about 54 percent of those patients are employed, she said. Hunter Health Clinic is also a Federally Qualified Health Center. No representatives from the clinic were available for comment. Pompeo OK with sequestration Though he would rather they be distributed differently, U.S. Rep. Mike Pompeo, R-Wichita, is OK with the automatic spending cuts scheduled to go into effect Friday, he told The Eagle recently. He thinks the federal government, including the military, can withstand the cuts. In fact, he wishes that sequestration, which he called a “home run,” would mandate deeper cuts, the Lawrence Journal-World reported. “That’s why it’s only a home run and not a grand slam,” he said. Responding Tuesday to White House criticism of his comments, Pompeo said that “the sequester is a home run not because it is good politics, but because it begins to put America back on the right fiscal track.” From the Kansas City Star A study in public distrust February 26 BY DAVE HELLING The Kansas City Star Gov. Sam Brownback and the Kansas Club for Growth are flummoxed. Both want to push the state’s income tax rate to zero. They understand, though, that government needs some cash to operate — you know, schools, prisons, that kind of stuff. So they’re offering you a deal: Give up the deductions you now get for real estate taxes and mortgage interest in exchange for that zero income tax rate. Do the tax cipherin,’ they say, and you’ll see you still come out ahead — the Club for Growth is even running radio ads making that argument. Why, they wonder, don’t voters get this? Well, here’s a possibility: They don’t trust government to keep its side of the bargain. Sure, the trade is a good deal if state income taxes are dramatically lowered or eliminated. But Kansans are terrified that once they lose their home deductions, the Legislature will simply wait a few years before jacking their income tax rates back up again. Where would they get that idea? Well, here’s a possibility: That’s precisely what Brownback proposes for a statewide sales tax. You’ll remember the Legislature promised three years ago to drop the state’s sales tax to 5.7 cents on the dollar at the end of June this year. Now, though, Brownback wants to keep the rate at 6.3 cents per dollar. If the government can easily break its sales tax promise, it’s perfectly reasonable to believe any income tax promise is eventually breakable, too. Millions of words have been written about the dysfunction of our government and the growing disconnect between legislators and the public. The biggest casualty of the stalemate may be voters’ utter lack of trust that lawmakers will keep their promises. And surely, politicians like Brownback and lobbying groups like the Club for Growth share at least some of the blame for that mistrust. It’s virtually a staple of conservative arguments that government isn’t to be believed, particularly its elected officials. The biennial blizzard of negative TV ads hasn’t helped either. Most voters are now conditioned to believe that anything they hear from a politician is misleading at best and a flat-out falsehood at worst. That leaves most taxpayers at least comfortable with the devil they know and deeply suspicious of the devil they don’t. And taxes, as we all know, are Mephistopheles. It’s a problem beyond Kansas. The nation’s biggest financial challenges — its tax structure, spending habits, deficits and debts — are horrific, threatening growth for decades to come. But they won’t be fixed until the public once again trusts government to at least choose options that don’t make the problems worse. Read more here: http://www.kansascity.com/2013/02/26/4088461/helling-we-prefer-the-devilwe.html#storylink=cpy Brownback’s popularity is low, but he would still beat Democrats February 26 BY BRAD COOPER The Kansas City Star A new poll Tuesday shows Gov. Sam Brownback struggling with his popularity one year before he might seek re-election in Kansas. Public Policy Polling released a survey showing the Republican with an approval rating of 37 percent as he begins his third year as governor. Fifty-two percent disapproved of the job Brownback is doing. “Sam Brownback’s really unpopular,” said Dean Debnam, president of the Raleigh, N.C.based polling group. The poll surveyed 1,229 registered Kansas voters from Feb. 21 to 24. The poll had a margin of error of plus or minus 2.8 percentage points. But matched in hypothetical head-to-head contests in a gubernatorial race, Brownback still appears to have an edge over some of the state’s best-known Democrats. The poll pitted him against Mayor Carl Brewer of Wichita, former governors Kathleen Sebelius and Mark Parkinson, outgoing Unified Government mayor Joe Reardon, Kansas Sen. Tom Holland and Shawnee County District Attorney Chad Taylor, who conducted an investigation into open meetings violations last year at the governor’s mansion. Brownback polled better than any of them, with only Brewer coming within four points of him.The latest poll echoes others last year by SurveyUSA, which showed the governor with a similar rating. A poll by SurveyUSA last July showed Brownback with an approval rating of 36 percent, which at that time was even lower than what President Barack Obama was polling in Kansas. But Brownback’s allies have been critical of the SurveyUSA polls, saying they undersampled Republicans and tea party backers. They took comfort in another poll done last year by Neil Newhouse’s firm, Public Opinion Strategies, showing Brownback with a 51 percent job approval rating. Only 43 percent in that poll disapproved of how Brownback was doing as governor. Newhouse did public opinion research for presidential candidate Mitt Romney that showed him winning key states that he ultimately lost. Brownback’s top political strategist is still comfortable with where the governor is positioned politically despite the new poll. “That doesn’t match up with the internal data we’re seeing or with media exit polls or with actual election results,” David Kensinger said. Brownback is now in the middle of a legislative session that is getting tougher with each passing day, including Tuesday when a Senate committee scrapped a key component of his plan to improve fourth-grade reading skills. The governor is proposing even deeper income tax cuts and paying for that by keeping part of a controversial sales tax increase and eliminating the home mortgage deduction. That approach has run into opposition. Kansas House members are increasingly reluctant to keep a penny sales tax that they opposed and used to beat their opponents to get elected in 2010. The governor, meanwhile, is still trying to dig out of a looming $700 million revenue hole that was created by income tax cuts enacted last year. Brownback also is struggling to pass a constitutional amendment that would give him the ability to appoint appellate judges with Senate confirmation. The Senate passed the amendment early in this year’s session, but the proposal has been languishing in the House for weeks with no sign of action in the near future. Read more here: http://www.kansascity.com/2013/02/26/4088318/brownback-approval-low-butwould.html#storylink=cpy Climate is a hot topic in the Kansas Legislature March 2 BY BRAD COOPER The Kansas City Star TOPEKA — Almost a decade after Kansas wrestled with the merits of evolution, the Legislature now grapples with the politics of environmental science. As they move to ease often expensive renewable-energy mandates, lawmakers also debate the climate-change worries that help motivate such regulations. Bills look not just to set aside the concerns about greenhouse gases spewed to generate energy. Some would also require schools to teach challenges to mainstream climate science. Others aim to prevent public money from being used to promote development policies intended to ease strains on the environment. “There’s an effort to just try to cast doubt on any scientific research that’s out there,” said Rep. Ed Trimmer, a Democrat from Winfield. Recent setbacks on some bills suggest the Legislature won’t immediately toss aside environmental science or earlier steps taken partly with global warming in mind. Still, while the idea of climate change is widely accepted among most scientists, it remains a point of contention in Topeka. The debate over renewable-energy standards for utilities focuses on balancing the environmental effect of generating kilowatts against easing financial pain for power companies and their ratepayers. Kansas and Missouri are among 38 states with renewable-energy requirements on the books, although more than a dozen are now working to peel them back. Some of the measures geared to softening environmental regulations are fueled by skepticism about the scientific consensus that increasing greenhouse gases in the Earth’s atmosphere warm the planet and critically alter climate patterns. Rep. Dennis Hedke, a Republican from Wichita, is a geophysicist who counts at least 18 energy companies as clients. He also leads the House Energy and Environment Committee. As chairman, he can control what bills are heard and which ones get a vote. Hedke is a decided nonbeliever of man-made global warming. He thinks those claims have been used to impose strict environmental regulations, such as renewable-energy standards, that ultimately dig into consumers’ wallets. “This is costly,” Hedke said. “It’s already hurt people around the world.” The notion that carbon dioxide should be regulated as a dangerous gas that’s wreaking havoc on the environment, he said, is a “flatout lie.” Experts on both sides of the issue have testified before Hedke’s committee in recent weeks as a prelude to considering a bill that would ease the renewable-energy standards. One of the experts, Willie Soon of the Harvard-Smithsonian Center for Astrophysics, wrote a controversial report about 10 years ago that cast doubt on global warming. It concluded that the Earth’s temperature during the 20th century wasn’t unusually high. Hedke, referred to by critics as Kansas’ “premier climate skeptic,” has publicly fought what has been generally accepted scientifically about global warming. “If we can take some steps at a minimum to reconsider what the real data show and get the real debate out there … then we’ll maybe have a chance to come to some senses here and not go overboard with policies, which are very expensive,” Hedke said. “The people who get hurt the most are the people in the middle and lower class.” The notion that global warming is even a debate in Kansas defies what is generally accepted in the scientific community, said one climatologist. “We’ve known for over a century about the greenhouse effect and how humans might change it. This is nothing new from a science perspective,” said Johannes J. Feddema of the University of Kansas, who also testified before the House energy committee. “If you were to contact 100 climate scientists … how many would say there was global warming and it’s caused by humans? Ninetyeight percent.” The Union of Concerned Scientists has posted more than a half-dozen letters from scientific groups on its website to demonstrate agreement on global warming. “There is now an overwhelming scientific consensus that global warming is indeed happening,” the organization said, “and humans are contributing to it.” In the Kansas Senate, the debate over loosening renewable-energy standards has not been draped in the debate over global warming. “We are 100 percent focused on the ratepayers of the state of Kansas,” said Utilities Committee Chairman Sen. Pat Apple of Louisburg, a Republican. “We’re not going to settle the debate of global warming in the Kansas Legislature.” The argument over renewable resources is not unique to Kansas. In the last year, at least 13 states tried to delay or reduce their renewable-energy laws, according to the National Conference of State Legislatures. So far, none of the bills has passed. States have been moving to renewable-energy standards for utilities in response to adverse implications of fossil fuels — including air and water pollution. The Kansas standards grew from a deal to build a new coal-fired power plant in southwest Kansas. Enacted in 2009, the law required utilities to generate a certain amount of their power from renewable resources like wind. That law required utilities to generate 10 percent of their power from renewable resources by 2011, eventually increasing to 20 percent by 2020. The bills pending in the Legislature would push back those deadlines, but they ran into trouble Thursday. The Senate voted down one bill 23-17 while the House agreed to send another one back to committee, leaving a lot of doubt about whether the Legislature will agree to ease the standards this year. In Missouri, lawmakers have been trying to chip away at a 2008 ballot measure in which voters ordered the state’s four investor-owned electric utilities to draw 15 percent of their electric generation from renewable sources by 2021. The Kansas environmental bills don’t stop with renewable energy, however. They also reach into education and into sustainable development, which is broadly designed to protect the environment by conserving resources with parks, bike trails and energy-efficient buildings. One bill awaiting action in the House energy committee blocks public money from being spent on “sustainability.” Hedke said the measure was motivated by complaints from constituents who think there is an insidious attempt to create new layers of government through groups like the Regional Economic Area Partnership in Wichita. Two years ago, the group received a $1.5 million federal grant for planning sustainable communities. The grant became a sore spot for critics who believed it would open the door for the federal government to impose its will on local officials. Opponents of the grant compared it to United Nations Agenda 21 — a nonbinding measure encouraging the protection of natural resources that’s seen in some quarters as a threat to state and federal sovereignty. The Kansas House, in a resolution it passed last year, denounced the U.N. initiative. Another bill, backed by Rep. Ron Highland, a Republican from Wamego, would require schools to teach scientific controversies in an “objective” manner so that both sides of an issue are covered. His bill specifically mentions the teaching of “climate science” as a topic that might be controversial. Highland, who sits on the House energy and education committees, said the bill is intended to help students “learn how to ask scientific questions and go after those answers. “It has nothing to do with pushing one theory or another theory,” said Highland, who like Hedke does not believe there is evidence to back up claims that carbon emissions lead to climate change. Some environmentalists see the climate measures as an example of the influence of outside conservative think tanks trying to affect state environmental policy. “It’s a focused effort by a small group of people,” said Rabbi Moti Rieber, director of Kansas Interfaith Power and Light, a faithbased environmental group in Lawrence. “(They) not only don’t believe in climate change but want to prevent the state, or even the country, to deal with its causes and effects.” Read more here: http://www.kansascity.com/2013/03/02/4096474/climate-is-a-hot-topic-inthe.html#storylink=cpy Kansas liquor laws need to catch up with times March 3 BY MARY SANCHEZ The Kansas City Star In 1881, Kansas put into play the first statewide constitutional prohibition of alcohol. In 1948, Kansas was the last state to end prohibition. The state still hasn’t caught up to the modern era. Current Kansas liquor laws amount to a 60year legislative hijacking of the business of booze. A person can buy 3.2 beer but nothing stronger in a grocery or convenience store. Liquor stores can sell beer, wine and spirits with more alcohol. But you can’t buy mixers, limes or snacks to accompany the booze in the liquor stores. The limitations make no sense for consumers. They are hangovers from Kansas’ crazy liquor history. Carrie Nation would be proud. Problem is, this system has gone on so long that changing it would upend many small liquor stores. The market was never allowed to evolve. Legislation to do just that has been introduced. On Thursday, hearings with a David vs. Goliath edge will be held before the House Commerce, Labor and Economic Development Committee. Expect a packed room. It’s the small retailers versus chain convenience and big box stores — Wal-Mart, Kroger, Dillons, Hy-Vee, Hen House Market, Price Chopper, QuikTrip and Casey’s General Store. In fairness to consumers, the status quo needs to go. If the bill passes, there is no doubt that many independent liquor stores will close. Even if they can reconfigure their inventory and service to compete, many are located too close to the groceries that could begin swiping their clientele. Under current law, placing a small liquor store near a grocery was a smart real estate move. Get the steak, the hamburger at the grocery. Then step into the liquor store next door for the wine and beer. But that proximity will be the death of many liquor stores if deregulation occurs. The flip argument is that losses would be offset by employment and wage increases at grocery and convenience stores. Easing in any change — some kind of compromise — would be more fair than overturning the market. Small stores could have a chance to run out leases and alter business models. Proponents argue that changing the law will save rural groceries. But towns withering away by population loss aren’t likely to be turned around by selling more beer alone. This has been a long festering debate. A February poll found 66 percent of voters opposed to making a change, so there isn’t a massive public outcry. It’s likely many people have just grown accustomed to the backward state of affairs. Read more here: http://www.kansascity.com/2013/03/03/4097548/kansas-liquor-laws-need-tocatch.html#storylink=cpy Kansas lawmakers shift plan to change judge selections February 28 BY BRAD COOPER The Kansas City Star TOPEKA — Lawmakers are trying out an easier way than a constitutional amendment to change how judges are picked in Kansas. The Kansas House on Thursday tentatively agreed to a bill giving the governor the ability to select judges for the state Court of Appeals with Senate confirmation. It’s a much narrower approach than what Republican Gov. Sam Brownback called for at the beginning of the legislative session. Brownback asked lawmakers to give him the power to pick judges for the Kansas Supreme Court with Senate confirmation, which requires a constitutional amendment. The Kansas Senate already has passed a constitutional amendment giving the governor the power to pick judges. A similar bill has been sitting in the House for weeks with no sign of action because it requires support from two-thirds of the chamber. It also would need to be approved by voters. Key House members acknowledged that they had work to do to get support for a constitutional amendment that would give Kansas a system for picking judges in a way similar to the federal level. The new approach, they said, just offers another option for addressing a system that they see as fundamentally undemocratic. Currently, state appeals court judges are screened by a nine-member nominating commission that includes five attorneys plus four non-attorneys named by the governor. The governor chooses someone from a list of three nominees selected by the commission. Nominees for the Kansas Supreme Court are chosen the same way, but that procedure is harder to change because it’s set by the state constitution. Critics say the current system is controlled by a majority of lawyers who are not accountable to the general public. Supporters say the current system insulates judicial selection from politics. Rep. Lance Kinzer, an Olathe Republican, said that if the bill affecting just the Court of Appeals passes, it could provide a good test case for how a federal model for picking judges would work in Kansas. “That would increase the possibility that we could get reform at the Supreme Court level,” Kinzer said. Rep. John Rubin, a Shawnee Republican, has his own plan for reforming judicial selection in Kansas. He favors a nominating commission picked by the governor, the House speaker and the Senate president. Ultimately, the governor would pick a candidate who would need to be confirmed by the Senate. Under Rubin’s plan, a majority of the commission could not be lawyers. Read more here: http://www.kansascity.com/2013/02/28/4092905/kansas-lawmakers-shift-planto.html#storylink=cpy Missouri and Kansas schools would be hit by sequester February 26 BY DAVE HELLING The Kansas City Star Missouri will lose almost $12 million in funding for its schools if Friday’s scheduled federal spending sequester takes place, the White House said Sunday. Those cuts will put 160 teacher and teacher’s aide jobs at risk, it said. Kansas will lose $5.5 million and face the loss of 80 education positions. The figures were part of a state-by-state breakdown of the potential costs of the sequester, a mandatory reduction in some federal spending that is scheduled to begin March 1 unless action by Congress averts it. Obama administration officials say the sequester cuts — roughly $85 billion through the end of September — will cause serious disruption in services such as commercial aviation and military preparedness. Republicans have pushed back, saying the cuts amount to a small percentage of overall federal spending. They’ve also proposed an alternative that would give the executive branch more leeway in deciding what programs to cut if the sequester hits. The White House said roughly 8,000 civilian defense workers will face unpaid furloughs in Missouri, with a similar number in Kansas. Other cuts will come in Head Start, children’s vaccines and nutrition programs for seniors. “These large and arbitrary cuts will have severe impacts across the government,” the White House statement said. Food stamps, Social Security payments and veterans’ programs will not be affected by the sequester. Read more here: http://www.kansascity.com/2013/02/25/4085815/missouri-and-kansas-schoolswould.html#storylink=cpy