Our thoughts and prayers are with the folks in Oklahoma impacted by the recent tornadoes.  It certainly puts things in perspective about what’s important.

The Legislature is about to pass the 90th day of the session.  The tax and budget committees are talking.  The budget conference committee approved a budget yesterday that will likely be approved if a tax bill can be agreed upon as well.  More to follow on this one!

LEGISLATURE AND NRA SILENCE DEBATE

HB 2162 was passed by the House yesterday and sent to the Governor for his signature.  This bill is worth some discussion because it may be one of the most disturbing bills passed this session.  The bill says that no state dollars can be spent to lobby about gun control.  This includes any federal laws, any state laws that may be before the Legislature, and any local regulations about gun control that might be considered by your city council, township, university, school, or county government.  The legislators who support the bill say it protects your second amendment rights.  Those who oppose it say it abridges your first amendment rights.  The executive branch and legislative branches were exempted from these restrictions.

Why did this bill come before the Legislature?  Because the National Rifle Association did not like local governments standing in its way.  They wanted local officials to shut up and the Legislature made it happen.

Here’s the scoop.  The NRA wanted a bill to require local governments to allow concealed carry in all public buildings where there were no guards or metal detectors at the door.  Universities, schools, and local governments lobbied against the bill because they thought they should get to say what happens in their jurisdictions and in their buildings, not the Legislature.  That bill did pass, but the NRA didn’t like the opposition.  To silence any future opposition the Legislature passed HB 2162.  Now state dollars cannot be used to lobby for or against any bill regarding gun control by anyone outside of the Legislature or executive branch.

What is bothersome about this bill? First, this bill is not about protecting your second amendment rights.  They are safe and sound in Kansas.  What this bill means is 1) the NRA owns the Legislature and 2) the Legislature is willing to silence debate on issues. The question we should be asking is, “What’s next?”  What other topics will the Legislature decide it doesn’t want educators, cities and counties to weigh in on?

It doesn’t matter where you fall on gun control in regard to this bill.  I voted for concealed carry myself.  But it serves none of us well when we silence the debate on any issue.  If you want to know how your representative voted on this bill, let me know.

TAX PROPOSALS

The tax conference committee will meet again this morning to continue work on a tax package.  Once that is agreed to, things can move forward, as a provisional budget agreement was made yesterday.  There are lots of ideas on the table. The only consistent proposal is that they will keep the elimination of taxes on businesses and reduction in taxes for the wealthiest Kansans passed last year in the name of creating jobs.

Ideas for increasing other taxes to make up the deficit center on raising the sales tax, eliminating some deductions, and reducing the standard deduction.  For example, they seem to be nearing agreement on lowering the standard deduction.  The proposal will cost single heads of households and married couples about $81 million more on their 2014 tax bill.  This would apply to the approximately 2/3 of Kansas tax filers who do not itemize deductions.  More to follow!

SCHOOL CONFERENCE

There will be a two-day community conference on June 7-8 at the Ramada Hotel in Topeka entitled “Don’t Believe the Hype: Dismantling Myths about Black Student Achievement”.  This conference is for any parent, educational policy maker, educator, citizen or high school student interested in helping Kansas students of color succeed in school.  The cost is $100 and includes lunch both days.  There are reduced fees for just one day.  Contact Betty Young at USD 501 for more information at 295-3000 or at byoung36@cox.net .  The conference is sponsored by the Topeka Alliance for Black School Educators and the Kansas Alliance for Black School Educators.

The wrap-up session is underway and some progress has been made toward getting the tax and budget issues resolved.  It will be at least next week, though, before things are finalized.

BUDGET TALKS BREAK DOWN

The House and Senate budget committees met this week but talks ended abruptly as the Senate budget chair asked the House to come back with a “final” offer on higher education cuts and a cap on state employee salaries.  Those are apparently the two most contentious issues left on the table.  The House had pressed for bigger cuts to higher education and a cap on state employee salaries.  The Governor would prefer no cuts to higher education and has said he would veto any tax bill that did not deliver hundreds of millions in sales tax revenue.

No matter what budget they adopt, it will spend less money than last year. They are trying to fix the hole left when they passed the Governor’s tax bill last year that reduced revenues by about $700 million in one year. They know they can’t cut that much from the state budget without major damage to education, infrastructure and critical services.  So the other half of the equation is how much will taxes go up and who will pay.

One side note in the budget talks is the attempt to stop the funding of the Common Core Standards for math and reading that the Kansas State Board of Education adopted back in 2010.  40 states have adopted the standards. The standards are being implemented and will make our students and schools more competitive. But there is a group opposing the standards and trying to stop them.  They would prefer a state-developed set of standards rather than use standards developed by a nationwide committee of state leaders and educators.

JUDICIAL REFORM STILL ON THE TABLE

The Governor signed into law a bill giving him control of Kansas Court of Appeals judge appointments. The Governor is also asking for control of appointment of Supreme Court justices. There is a late-session effort to make that happen for him, led by Rep. Lance Kinzer, R-Olathe.

How are Supreme Court justices chosen today?  The Kansas Constitution says that a nonpartisan Supreme Court Nominating Commission gives the Governor the names of three candidates and the Governor picks one to serve.  The Justices are placed on the ballot for retention after one year on the bench and then every six years.  The Legislature sets out the rules for the selection of the Commission members, who represent all the congressional districts.

There are several proposals on the table.  One is a constitutional amendment to let the Governor appoint Supreme Court justices for life with Senate approval.  Rep. Kinzer also filed bills that would reduce the mandatory retirement age of Court of Appeals judges from 70 to 65 and split the Court of Appeals into criminal and civil divisions. The criminal division would have final say on all criminal cases, taking them away from the Supreme Court.  That would leave only civil cases to the highest court.  Reducing the retirement age allows the Governor to appoint more judges during his term. Another proposal allows the Governor to appoint a majority of the members of the nominating commission. This is pretty scary stuff for those who think separation of powers is a good thing.

THE REST OF THE WRAP-UP

There are still a number of bills and issues hanging out there that could be worked – or not – this session.  Here are a few and some other items of interest:

• The Governor’s budget cut funding for the newly formed Kansas Arts Commission.  His recommended funding level would put Kansas out of the running for federal matching funds again.
• The budget has a number of land mines in it that aren’t getting a lot of play in the press, but will put additional pressure on local governments to pick up the slack.  One of those you might not have noticed last year was processing testing for HIV and other sexually transmitted diseases.  The state previously paid for tests for those considered high risk – which is most of those tested.  Providing this free testing encourages folks to come forward and get tested.  The state made no provision to help local units of government pick up the cost of this service – so communities are trying to get it done on their own to prevent the spread of disease.
• A new report shows Kansas is the 10th deadliest state for workers in 2011.  We had 78 workplace deaths that year, or 5.9 fatalities per 100,000 workers, compared to 3.5 nationwide.  We also had 34.4000 injuries or job-related illnesses.  The study blames a lack of safety regulations and inspectors.
• The Senate passed a bill authorizing up to $202 million in bonds to support the state’s share of the cost of the National Bio-and Agro-Defense Facility (NBAF) in Manhattan.  It has been an item of discussion in that the Governor supports the bonds, but some legislators don’t want to go into more debt.  The billion dollar facility will provide several hundred jobs and bring a number of other companies to town to be located close to the facility.  Kansas Cattleman’s Association and some other ag groups oppose placing the facility in Kansas.

LET’S GET TO WORK!

In an effort to boost oil and natural gas industry employment, North Central Kansas Technical College is introducing a certified program called “Introduction to the Oilfield.”  This 8 week/56 hour class is designed for entry level job seekers who will get firsthand insight into the oil and natural gas industry.  The first class runs August 19 through October 11.  Those completing the course get industry certification and three hours college credit.  For additional questions and class
registration, contact Sharon Kibbe at North Central Kansas Technical College at 785-738-9041, or by email at: skibbe@ncktc.edu

The Legislature resumes its work on Wednesday.  They must deal with a revenue shortfall and options aren’t all that good. This newsletter is about the key issues facing Legislators in this “wrap-up” session.

BUDGET AND TAX ISSUES

REVENUE FORECAST 

The non-partisan Consensus Revenue Estimating Group met during the Legislature’s spring break and confirmed what we had suspected – that the state faces a revenue shortfall that will continue to grow over the next several years.  This group produces the official revenue projections that are used to build the state budget.

The situation is that projected 2014 revenues are about $700 million below the 2013 budget.  Without any tax changes, to pay for the Governor’s 2014 budget proposal the state would have to use up its nearly $500 million reserve and cut an additional $64 million. To solve this problem, the Governor proposes to keep the one cent sales tax increase in place.  The House and Senate disagree on the sales tax; but if they want to keep those tax cuts they passed for the wealthiest Kansans last year, they may have to consider this sales tax increase.

APRIL REVENUES CLOSE

April revenues came in close to projections. Income tax filings are still impacting revenues so it will be May or June before we can see exactly where things will settle out.

GOVERNOR’S AMENDMENTS

Governor Brownback made recommendations to amend his original budget for the Legislature to consider. He asked to use $16 million of the expected $60 million savings over the next two years from KanCare to reduce waiting lists for medical services.  He also asked for $202 million in bonds to support the National Bio and Agro-Defense Facility in Manhattan.  The Governor asked for $422,000 for a 14th Court of Appeals judge.  This judicial seat has been on the back burner for a number of years for budgetary concerns.  But now that the Governor gets to appoint Appeals Court judges, it’s getting moved to the front burner.  He has also proposed to move $9.5 million from the Children’s Initiative Fund to the general budget.  The Children’s fund supports pre-school programs.

OTHER FACTORS

Other factors to consider in the budget debate are the impact of the drought and hard spring freezes on this year’s wheat crop, expected to drop nearly 70 million bushels from 2012.  Also, it’s not clear how federal sequestration might impact federal employees, especially at our military bases.

There are a number of gimmicks the Legislature can use to slide by in 2014.  They can rob KDOT, lower the ending balance, raise the sales tax, decimate state agencies, and pretend there are more savings than there really are in the KTA/KDOT consolidation.  But it all falls apart in 2015.  There aren’t enough gimmicks to cover the revenue shortfalls then.  I’m hoping cool heads prevail and a better long term plan comes forward than just taxing the poor and middle class.

LET’S GET TO WORK!

• The Topeka Capital-Journal is hosting a job fair on Thursday, May 16, at the Ramada Hotel from 1 to 6 pm.
• The Statewide Independent Living Council of Kansas(SILCK) is hiring an Executive Director.  Send resume to Lou Ann Kibbee at P Box 366, Hays, KS  67601.  louannk@skilonline.com  Find more information at www.kansasworks.com (search on “executive director” in the Topeka area).

OTHER CONCERNS

There are a number of other bills waiting final action when the Legislature returns.  It’s clear that our self-imposed budget crisis can’t be solved with spending cuts alone.  So we can expect a serious debate on whose taxes will go up to protect last year’s income tax cuts.

But I am concerned about other bills that can impact our rural areas, state employees, and local units of government.  Some of those include:

• a change in how business equipment and machinery are taxed for some manufacturing companies.  This could reduce city, county, and township revenues dramatically and increase your property taxes.
• a change in the tax on boats.  We probably do need to reduce the rate to be competitive with surrounding states. But the current proposal nearly eliminates the tax, hurting counties like Osage county especially, and again potentially driving up your property taxes.
• another bill restricts local units of government from spending tax dollars on lobbyists. I know some of you don’t like lobbyists, but these folks really do help your cities and counties by standing up for your interests.
• if the Governor’s budget is approved, cuts in the budget could make it difficult for state agencies to do environmental protection inspections. Rural groups are concerned about dam, water, dairy and hog inspections in particular.

It’s hard to know what to say about the Boston Marathon bombings or the tragedy at the fertilizer plant in West, Texas.  Your heart goes out to the victims.  But I was also once again reminded of the important role that emergency responders play in public safety.  In Kansas, public employees are under attack by the Kansas legislature.  Their first amendment rights have been restricted.  Their pay held flat.  Sometimes we should remember that our tax dollars pay those folks who run TOWARD the danger, and they earn every dollar we pay them.

MORE BILLS SIGNED BY THE GOVERNOR

• HB 2009 allows a driver facing driver’s license suspension for failing to comply fully with a traffic citation to submit a written request to the Division of Vehicles for a restricted driving privileges.  This allows folks who have not  had serious traffic violations to continue to get to work.
• HB 2052 expands concealed carry in Kansas.  It allows the possession of firearms on certain governmental property, including state and municipal buildings.  It requires adequate security measures (i.e., armed guards and metal detectors) at the entrances of public buildings. Otherwise, concealed carry must be allowed in those buildings.  K12 buildings are exempt from these provisions.  Universities and other post-secondary institutions can get an exemption for 4 years, then must provide security at every building entrance or allow concealed carry.  Corrections facilities, jails, and law enforcement agencies can prohibit the carrying of firearms into the secured areas of such buildings.  This bill covers discharging weapons within a city and many other issues.  If you want a copy of the bill, or a summary, let me know.
• HB 2234 makes the Secretary of Transportation also the head of the Kansas Turnpike Authority.  The two groups can share resources such as technology and engineering services.  The bill does not allow KTA funds to be used      for KDOT projects.  The Governor’s budget included about $30 million in savings, but the Secretary could not support those figures.  This bill will allow the agencies to see what savings can be actualized.
• The state established a Human Trafficking Victim Assistance Fund to provide support for those victimized by human trafficking.  I don’t know if this fund is actually funded in the budget.  It provided for special Child in Need of Care procedures for children who have been victimized.  State law now allows for the Attorney General to provide additional training and tools to support trafficking laws.  Human trafficking is a real problem in Kansas and other states.
• HB 2319 creates the Coalition of Innovative Districts Act, to allow up to ten percent of the state’s school districts to opt out of most state laws and rules and regulations to improve student achievement.  If your district opts into this law, I’d be sure to ask what they’re opting out of!

TOWING ISSUES?

I’m getting reports from folks that they are having problems with towing companies in Shawnee County and Topeka.  Several people have told me they were charged hundreds of dollars for just a day’s storage after a wreck or being towed for a traffic problem. Then the towing company says they will take the title of the car/motorcycle in exchange for the storage and towing fees. If you have had problems with outrageous towing fees or losing your vehicle to pay for the fees in Shawnee or another county, I’d like to know.  It may be time to bring this before the county commission or city council.

LET’S GET TO WORK!

• McCrite Plaza Retirement Community is hiring an intern that they hope to turn into a full-time position.  It is a concierge position and the person needs computer skills and an outgoing personality. Contact Connie Michaelis at 215-9300 for more information.
• RN-Staff Hospice House position.  2-3 openings to supervise, provide and coordinate nursing care in compliance with facility policies and procedures to assess patient care needs and take appropriate action.  Contact Andrea Gilchrist at 785-232-2044, ext 337.
• Midland Care has openings for Topeka (785-232-2044)
  • Care companion (PRN nights)
  • Certified Medication Aide
  • CNA/HHA
  • Occupational Therapist
  • PRN CNA (nights)
  • PRN Cook: Hospice House
  • PRN HHA/CNA (days and nights)
  • PRN Houseparent
  • RN-Staff Nurse Hospice       House
• Midland Care has openings in Lawrence ( (785) 842-3627):
  • Dietician
  • PRN Transportation  Driver
• Topeka Metro is seeking an Outreach Coordinator for up to 20 hours per week beginning May 16-August 16.  This person develops and presents “How to Ride the Bus” presentations to the pubic and coordinates bus schedules for      community camps as well as other child related metro summer activities.  $11 per hour.  Download application at www.topekametro.org.
• Midland Care Hospice is looking for an Adult Day Program Coordinator to supervise staffing and oversee the quality of care provided to clients.  Operator’s license required.  Contact Andrea Gilchrist at 232-2044 x337 for more information.
• The Villages is looking for a Youth Care Worker, both full-time and part-time in Topeka and Lawrence.  All shifts.  Must be 21, high school diploma or GED. Drivers license with good record, experience working with youth and pass background checks.  Contact Diane Schulze at 785-267-5900.

The Governor has signed 76 bills into law so far this session.  This newsletter contains a list of a few of those bills.  The big budget and tax bills won’t be worked until the Legislature returns on May 8.  During the break, the nonpartisan revenue estimating group will develop an forecast of state revenues for the next 18 months that will be the basis of the coming year’s budget.

BILLS SIGNED BY THE GOVERNOR

LABOR BILLS

• HB 2022 allows employers to withhold final paychecks for departing employers for a wider range of reasons than current law.  It also denied public employees the choice to donate to their unions’ political action committees through  payroll deduction.
• HB 2083 shifts the costs associated with public employee elections for organizing, fact-finding, or mediation from the Department of Labor to the parties involved.  This will have a chilling effect on employees attempting to organize a union or fight management decisions.

HEALTH

• Under HB 2066, physical therapists may initiate treatment in some cases without a referral from a licensed health care practitioner.
• HB 2160 extends for two years an assessment on licensed beds in skilled nursing homes.  This enables the homes to draw down federal funds and helps keep facilities open, especially in rural areas.

JUDICIAL/LAW ENFORCEMENT

• HB 2019 removes the current merit system for choosing Kansas Court of Appeals judges and allows their appointment by the Governor instead.
• HB 2252 extends the statute of limitations of the prosecution of rape, aggravated sodomy, and sexually violent crimes.  It also extends the time of prosecution for victims under the age of 18.

FIREARMS

• SB 21 recognizes any valid concealed carry permit from another state for those traveling through or visiting Kansas.  It also provides rules for those moving to the state to obtain permits.

ABORTION

• SB 142 prohibits  a claim of wrongful birth against a doctor.  If a doctor fails to disclose the truth about the health of an unborn child, the mother cannot sue later for wrongful birth.  The bill also says that life begins at fertilization.  It is not clear what the bigger implications are in terms of restrictions on birth control or claims that an unborn child might have an inheritance claim, etc.

VETERANS

• HB 2181 authorizes a licensing body to waive educational requirements towards certification or licensure for former military service members who complete a distance education course through an accredited institution.
• SB 136 allows a veteran to have “VETERAN” printed on the front of a state-issued driver’s license or non-driver identification card.  It is hoped this will help veterans be identified for benefits they may be missing.

MISCELLANEOUS

• SB 85 allows you to use your cell phone or other portable electronic device to provide proof of insurance when registering vehicles.
• SB 52 increases the amount of interest that can be charged on your first real estate mortgage loans and contract for deeds from 1.5% to 3.5% above the Freddie Mac rate.

GO RED FOR WOMEN LUNCHEON

I am honored to get to chair the 2013 Topeka Go Red for Women luncheon this year for the American Heart Association.  I have long admired the work of the AHA in educating people on heart disease, which is the #1 killer of women.  The
money raised stays in our community and goes toward education and other efforts to fight heart disease.

LET’S GET TO WORK!

• Washburn Institute of Technology opened its new center for Climate and Energy Control Technologies. Great jobs available for workers in this area.
• The Topeka Zoo is seeking part time seasonal workers and is hosting a job fair Saturday, April 13, from 11:30 am to 2:00 pm.  Must be 18 or older to apply.
• Midland Care is looking for an Adult Day Program Coordinator.  An Operator’s license is required.  Contact Andrea Gilchrist at 232-2044 X337 for more information.
• The Villages is looking for full and part-time youth care workers in Topeka and Lawrence.  Must be 21+.  Contact Diane Schulze at 785-267-5900 or download application at www.thevillagesinc.org.
• Center Director – East Topeka Senior Center:  Are you  retired, looking for additional income, enjoy being around other people?  This 25 hour per week position oversees the Center’s day to day operations, personnel, program development, senior advocacy and oversight of budget and reporting. Send resume to ETSC, 432 SE Norwood, Topeka, KS  66607.
• United Way of Greater Topeka is looking for a Project Specialist for Community Impact.  Apply for this position through Key Staffing.
• Jayhawk Area Agency on Aging is looking to hire a receptionist and an Options Counselor.  Please send resume and cover letter to:  info@jhawkaaa.org  Fax: 785-235-1367  In Person: 2910 SW Topeka Blvd – Topeka, KS