Adventures in the Statehouse
Volume 2014, Issue 13 (30 April – 3 May 2014)
In this issue:
We Did It in 3 Days!
Bundled Bill Dilemmas
But - Veteran Bundle Was Good
Oil & Gas Combined with School Funding Bill
Some Budget Details
Stay in Touch
- We Did It in 3 Days!
The Speaker of the House said that we could finish the wrap up session
in 3 days, and we actually did it - well, in three days plus two hours
into Saturday. There were piles of conference committee reports waiting
for us when we returned on the 30th, but still no budget, so most of us
were skeptical. But it turns out that when the budget is written by a
conference committee (so that there can be no chamber debate over what
is in it and no chance to make amendments), then the budget bill that
normally takes all day to make it out of the House, can be passed in
less than a half hour.
- Bundled Bill Dilemmas
Another method to wrap up a session quickly is to bundle unpopular bills
with popular bills in order to get the unpopular bills through. We had
several of those again this session. They are still on their way to the
Governor, so the process is not complete but the following were some
that particularly vexed me:
- HB2643 had many tax issues in it that had been in the press all
session. It contained the bill to reclassify how business machinery and
equipment are taxed, the phase out of the mortgage fee that goes to each
county for document processing of mortgages and titles, a clarification
of the vehicle property tax exemption for active duty military members,
a clean up of tax filing procedures, and more. It also had the
exemption from property taxes for health clubs which was very unpopular
in the House, so that was actually taken out at the last minute. I saw
this vote as a choice between serving lobbyists and their employers that
make large campaign contributions and serving my county who does not
make campaign contributions and is not allowed to take sides in
elections. I chose my county.
- Another bundled bill started as a bill to shorten the death penalty
appeals process. Creating a "fast lane" to the death penalty was
very unpopular with the House, so a bill to open up arrest and search
warrant affidavits to the public was added, which was very popular
because it was meant to increase transparency and allow citizens to
request copies of probable cause affidavits that led to their arrest or
search. That popular addition still did not add enough House votes to
pass the death penalty portion, so the Senate finally agreed to remove
it. But the Senate negotiators wanted something in return, so the House
agreed to add a bill that lengthens Kansans' right to a speedy trial
from 90 to 150 days, which means a person can sit in jail waiting for
their arraignment two more months.
This choice was presented to House members by saying that we must vote
yes for the bundle because a vote no would result in a campaign
postcard against us - saying that you are not in favor of transparency.
When I asked about the speedy trial, the answer I was given was that we
would only be hurting the "poor schmuck" who had to wait 60 more
days for his or her arraignment and "nobody cares about them
anyway." This really irritated me - that our lack of state funding
for public defenders would cause us to adjust a basic American right to
a speedy trial. By extending the time to arraignment, a public defender
can handle more cases and still make the extended deadlines. This also
would cost the county jail more money to hold the accused for 60 more
days. Apparently, I was the only one that was too irritated, because
the few others that voted no with me changed their votes before the roll
was closed (after seeing a very strong yes vote).
- But – A Veteran Bundle Was All Good, SB263
We complain about bundling bills when unpopular bills are added to
popular bills, so we have to make a tough choice, but sometimes -
bundling works for the good. We had a veteran bill this wrap up session
that was a bundle, but it enabled several very popular and some
necessary clean up of earlier bills to make it through the process. The
popular portions dealt with military funeral honors and military death
gratuity payments for Kansans in the case of another federal government
shut down.
It also included the creation of a preference for disabled military
owned businesses when contracting with the State. This portion allowed
a very popular bill to adjust the contracting preference for businesses
that hire disabled persons to be included.
It also allowed two portions that were clean up for bills passed earlier
in the session to make it to the governor. One was some editing fixes
for the 52 page KCVA bill that the legislative revisors discovered after
it came back from the printer. The other saved the Fort Leavenworth
school district $1.5 million! It seems that a portion of the school
finance bill (HB2506) that was supposed to grandfather any district that
had a new facility already in the process of being built was worded so
that construction on military installations was not covered. But,
because the mistake only affected military school children, this fix was
found to be germane to the military bill and was allowed to be added to
the bundle. Fort Leavenworth and Fort Riley have schools under
construction at this time that will benefit from this bill
It seems you can never relax at the statehouse. Something is always
being switched around or rushed through, especially at the end of the
session.
- Oil & Gas Combined with School Funding Bill
Another strange bill (that was not a bundle though) showed up this week.
SB245 looked very much like the mere extension of the Kansas Oil & Gas
Valuation Depletion Fund through 2016. Since 2005, the state has
provided fund distributions to Counties who are losing revenues because
their oil and gas wells are drying up. This is a very high priority
fund for Legislators out west and they will do most anything to protect
it. It passed, but……
This year a wrinkle was added to the subject. There is a section that
mandates every county send the money from the 20 property tax mills that
they collect from their local taxpayers for schools to the state
treasurer -- to keep until the state makes its state aid payments to the
school districts. This seems like a strange requirement, to take the
local property tax money out of the local banks and send it to the state
treasurer to hold for them, and the carrier of the bill could not
explain why it was in the bill! Some theories that were raised during
debate: this way the state can earn the interest, the state can claim
the money as part of the state aid to schools, and the state can hold
the money for its own emergencies. Legislators that were worried the
oil & gas valuation depletion funding would be lost, assured the rest of
us that the state would pay each county its money back and the courts
would not be fooled into believing it was state money. Opponents cited
examples of county money that the state collects now and keeps - despite
promises to send it back, and the fact that the state is (more often
than not) late making its school aid payments. I voted no.
- Some Budget Details
You probably did not see much about the budget negotiations in the news
this year. That is because it was put together in a conference
committee of four republican legislators in only a few days. It ended
up at $14.6 billion in expenditures that while taking into account
previous reductions in State revenues, this did not take into account
the recently released plummet in April revenues that fell an additional
$92 million more than predicted late last year. This additional 50%
revenue drop was a surprise because normally the Kansas revenue
estimates come within less than 1% difference of actual revenues.
As State tax revenues have continued to fall, the committee of four made
some significant changes to previous funding plans. This budget did not
include the 1.5% pay raise that the Governor proposed for Kansas public
employees, (who have not received a raise in six years). Instead, the
committee decided to give them a one-time $250 bonus in December. It
also swept $5 million from early childhood education programs, took away
$3.15 million from disaster relief funds, and reduced millions of
dollars of designated transportation funding. This all went into the
state general fund to offset the fall in income tax revenue. Once again
I voted no.
- Stay in Touch
It is an honor and a privilege to serve as your representative in
Topeka. Now that we are finished with the 2014 session, unless there is
a veto to consider on Sine Die (the official and usually ceremonial end
of the session), you can find me home in Leavenworth.
