Statehouse News March 3, 2008

IN THIS ISSUE:

  • Energy Bill Update
  • School Finance Debate Begins
  • House Bill Proposed Bonuses For Math And Science Teachers
  • State Leaders Lobby For NBAF In Kansas
  • Legislation Would Bring Regional Jet Airline Service to Manhattan
  • Kansas Economic Development Incentives Total $1.5 Billion Since 2003
  • Statewide Smoking Ban Bill Proposed In Senate
  • New Grant Will Help Prevent Substance Abuse
  • Next Week In Committees

THIS WEEK AT THE CAPITOL

The seventh week of the session includes an important marker: a major deadline known as "Turnaround" approaches this Saturday.  Turnaround marks the date that most bills must clear their house of origin.  All bills not cleared "die," receiving no action for the remainder of the legislative session.  This deadline applies to most committees, called "non exempt" committees.  Some committees, designated as "exempt" committees, do not fall under the Turnaround deadline and bills from those committees remain in play (exempt committees include Federal and State Affairs, Calendar and Printing and Appropriations). 

Despite the Turnaround deadline, opportunities often develop to amend bills into other pieces of legislation.  Additionally, in previous years "dead" bills reappeared in conference reports or as provisos in appropriations bills. Nevertheless, this week has been busy as lawmakers pushed hard to move bills to the House floor before the deadline. 

Beginning next week, the House of Representatives will begin to consider legislation approved by the Senate, while the Senate will begin to consider bills approved in the House of Representatives. 

ENERGY BILL UPDATE:

After the House officially approved the Holcomb energy bill last week- House Substitute for Senate Bill 327- joint House and Senate conference committee meetings began this week.  This committee, comprised of three senators and three representatives, is working to finalize details of the energy bill and will send their work back to each chamber for approval.  If the conference committee report is approved it will then go to Governor Sebelius for her signature or veto.  Ultimately, both versions of this bill will enable Sunflower Electric Power Corporation to build two controversial coal-fired power plants in Holcomb, Kansas. The $3.6 billion project has been blocked since October due to environmental concerns.  Both chambers also voted to limit the power of the Kansas Department of Health and Environment to set new air-quality rules.

Originally, lawmakers hoped to complete this process by the end of last week, however, negotiations continue.  Though the bills were similar, there were differences between the House and Senate versions.  Among the differences was a Senate proposal to form a new energy commission and a House proposal to develop a Renewable Portfolio Standard, which aims to decrease carbon emission in Kansas by 5 percent by 2012 and 10 percent by 2020. 

SCHOOL FINANCE DEBATE BEGINS

The Kansas House of Representatives began discussions regarding school funding this week.  As a result of the debate, House Bill 2605 failed to pass by one vote, at 62-63.  The bill would have significantly reduced funding for 36 school districts in Kansas, stripping thousands of funding dollars from small schools.

House Bill 2605 proposed to modify the formula that calculates high-density at-risk weighting in the school finance formula.  The weighting would have applied to districts with at least 44 percent of at-risk pupil enrollment, up from the current 40 percent standard.   Increasing this threshold would have cut funding for Fort Scott schools by $200,000, also stripping Uniontown of $51,000 and Pleasanton of $44,000.   

In 2006, the legislature created the high density at-risk formula to help schools handle higher costs of properly educating at-risk students.  It would have been wrong and damaging to our children to go back on that promise now.

High density at-risk funds help school districts offer increased instructional services and resources for students who need it most.  These students struggle with complex issues relating to peers, family situations and social environment.  This results in behavioral problems and poor academic performance.  At-risk funding helps close the achievement gap and keep students on the path to success.

I am deeply committed to providing our children the best possible learning environment. I strongly believe that securing our promise to Kansas schoolchildren deserves thoughtful debate.  I will continue to fight for our schools and I look forward to further discussion on educational funding in the remaining weeks of the legislative session.

HOUSE BILL PROPOSED BONUSES FOR MATH AND SCIENCE TEACHERS

The House considered House Bill 2870 this week, which would have provided bonuses for hard-to-fill teacher posts, including math and science positions.  The bill failed to pass after a number of concerns were discussed on the House Floor.

Among several reasons for opposition, it was argued that the bill would remove bonuses from the salary negotiating process.  Furthermore, KNEA explained that while teachers deserve significantly more pay than they currently receive, House Bill 2870 simply throws an inadequate amount of money at a much larger and more serious issue.  One-time bonuses of $1,000 offer no plan to untangle the core of the teacher shortage problem, which lies in poor recruitment and retention.  Instead, this money should be used for common-sense solutions, like sufficient scholarship programs to attract education majors or increased teacher salaries across the board.  Also, concerns exist that offering bonuses for some positions and not others will result in resentment and division among school staff, damaging the collaborative environment necessary to properly educate our children. 

Proponents assess that the bill will protect collective bargaining by putting bonuses on the "permissive" bargaining list (Although it is important to note that school districts rarely agree to negotiate items on the permissive list of topics.  The Kansas Association of School Boards encourages districts to negotiate only those items on the mandatory list).  It was suggested that fears of resentment among educators not receiving bonuses are exaggerated, as teachers understand the need for more math and science educators.  Supporters of House Bill 2870 believe the number one focus should be on filling empty classrooms as soon as possible.

I am concerned that House Bill 2870 serves as a misguided "quick fix" that will ultimately make no progress in minimizing Kansas' teacher shortage.  According to Education Week Magazine, Kansas teachers earn only $0.86 cents for each dollar earned by comparable workers.  This bonus would do little to close that gap.  A one-time bonus of $1,000 is unlikely to attract or keep good teachers when significantly higher profits are available in less time-consuming careers.  I believe this money chould be more wisely invested in better legislation with more helpful, long-term benefits.

STATE LEADERS LOBBY FOR RESEARCH FACILITY IN KANSAS

This week, a bipartisan group of state leaders traveled to Washington, D.C. to meet with members of Congress in an effort to help secure Kansas as the host state of a $450 million federal research facility,   the National Bio- and Agro-defense Facility (NBAF).  Last summer, the Department of Homeland Security selected the Kansas State University campus in Manhattan as one of five finalists for the site.  

Kansas offers an ideal location for NBAF, with a central location in the Heartland, a culture deeply rooted in agriculture, a dedicated community and a bold commitment to bioscience research.  The bio- and agro-defense facility would be the largest and most advanced bioscience research laboratory in the world.  Construction of the site is estimated to create 1,000 new jobs and bring $3.5 billion dollars in new revenue to the state over 20 years.  NBAF would put Kansas at the forefront of several exciting enterprises relating to public and animal health. 

Manhattan was selected as one of five finalists from 17 potential sites.  Other states vying for the facility include: Texas, North Carolina, Mississippi and Georgia.  The Department of Homeland Security expects to make its final decision in October 2008. 

LEGISLATION BRINGS REGIONAL JET AIRLINE SERVICE TO MANHATTAN

The Kansas House approved a bill last week that will authorize $2 million in subsidies over two years to help provide air passenger service to the city of Manhattan.  Supporters contend that airline service in Riley County will offer a number of benefits.  Personnel growth at Fort Riley increases need for more convenient methods of out-of-state travel.  Additionally, Kansas lawmakers are currently working to secure the Kansas State University Campus as the site of a $450 million national bio- and agro- defense research facility.  An airport will provide another incentive for the Department of Homeland security to select the Manhattan location. 

A joint House and Senate conference committee approved the legislation on Wednesday.  The bill will now to go Governor Kathleen Sebelius for her signature or veto. 

AUDIT RAISES CONCERNS ABOUT ECONOMIC DEVELOPMENT INCENTIVES IN KANSAS

A recent audit revealed that Kansas has invested $1.5 billion in state funds over the past five years on economic development.  Startled by the magnitude of the figure, which may even be much higher, legislators now want the Legislative Division of Post-Audit to quantify what, if anything, the state has reaped from these expenditures.  That calculation will have to wait until the completion of the second portion of the audit due in May. 

The audit reviewed literature and studies on the effectiveness of economic development initiatives, concluding most studies fail to significantly advance economic development.  Overall, negative and inconclusive findings appeared far more than positive findings, according to the audit. 

The Department of Commerce spoke out against the audit's findings, questioning methodology and final conclusions.  It is important to remember the successful business ventures that would not have moved forward without tax development assistance, including the Kansas Speedway-Village West project. 

Economic development is crucial to the prosperity of our state.  I believe we must equally balance the needs of business with other important initiatives in Kansas and I appreciate these efforts to hold government investments accountable.  However, serious changes or cuts should not be made based on one study.  Though this audit made helpful points, more solid data is necessary before taking action or putting significant weight behind its conclusions.  The Commerce and Labor Committee will discuss the audit in more detail in coming weeks. 

NEW SMOKING BAN BILL INTRODUCED IN SENATE

Last year, the Health Policy Authority made recommendations to the legislature to improve the health of Kansans and lay a framework for future reforms.  As part of those recommendations, KHPA endorsed a statewide smoking ban.  After the Senate Judiciary Committee held hearings regarding a possible statewide smoking ban, Senator Laura Kelly introduced a new smoking ban bill in the Senate Ways and Means committee to implement comprehensive smoking prohibition throughout the state, with no options for county opt-out.

Opponents believe this bill will hurt private business and free market in the state.  They also point out that the Occupational Safety and Health Administration has not deemed second-hand smoke too dangerous for the workplace and therefore should not be deemed illegal.  Furthermore, opponents argue that by removing the county opt-out provision, local control is infringed.  Additionally, certain exemptions are necessary to prevent hurting local businesses.  In response, the committee approved amendments to exclude bars, casinos, private clubs, tobacco shops and cigar bars from ban. 

Supporters argue that a smoking ban will protect innocent, nonsmoking Kansans from harmful second-hand smoke.  Tobacco related diseases cost Kansas nearly $200 million annually in Medicaid costs.  This provides an excellent incentive to help limit individuals' exposure to second-hand smoke.  Supporters also believe that public health, in this instance, outweighs local control concerns.  They argue that the state should only enact legislation if it includes a comprehensive, uniform standard.

NEW GRANT WILL HELP PREVENT SUBSTANCE ABUSE

A $2.5 million grant awarded this week by The Administration for Children and Families awarded a $2.5 million grant to help provide new services to families and youth affected by methamphetamine or other substance abuse.

The grant will provide services to families with children placed in foster care or who are at risk of out-of-home placement.  These families will receive targeted training on parenting, children's living skills and family skills. 

The National Institute of Drug Abuse and the Substance Abuse and Mental Health Services Administration will provide skills training.  Kansas will be the first state in the nation to implement the Strengthening Families Program statewide, with services available beginning March 2008.

Additionally, the grant will target teenagers over age 15 who currently or previously received foster care and also receive independent living skills.  Beginning in 2009, a web-based program will integrate substance abuse prevention with existing skills training.

IN COMMITTEES NEXT WEEK:

Upcoming hearings of high interest:

  • House Education: Hearings on Hearing on SB 421 - School districts; concurrent enrollment; pupils in grade 10; Hearing on SB 404 - Kansas academy of mathematics and science; admission of nonresidents; fees and tuition; attendance and qualified admissions, exceptions
  • House Select Committee on Energy and Environment for the Future: Hearings on HB-2949 - Kansas Energy Plan Act
  • House Health and Human Services: Work on health reform related bills by sub-committee- Proponents and Opponents of KHPA recommendations

A more detailed look at next week's calendar of committee hearings:

House Agriculture and Natural Resources:

Time/Location: 3:30 p.m. Docking Room 783

  • No hearings on proposed legislation scheduled at this time.

Appropriations

Time/Location: 9:00 a.m. Capitol Room 514-S

            Wednesday, March 5

  • Hearing on SB 381 - Livestock commissioner accepting donated funds to protect the health of domestic animals, creating the animal health protection fund

House Commerce & Labor

Time/Location: 9:15 a.m. Docking Room 784

  • No hearings on proposed legislation scheduled at this time.

House Economic Development and Tourism:

Time/Location: 3:30 p.m. Capitol 519-S

  • No hearings on proposed legislation scheduled at this time.

House Education:

Time/Location: 9:05 a.m. Capitol Room 313-S

            Thursday, March 6

  • Hearing on SB 421 - School districts; concurrent enrollment; pupils in grade 10
  • Hearing on SB 404 - Kansas academy of mathematics and science; admission of nonresidents; fees and tuition; attendance and qualified admissions, exceptions
  • Hearing on SB 507 - METS education innovation council; members; duties

Friday, March 7

  • Hearing on HB 2714 - Interstate compact on educational opportunity for military children
  • Hearing on SB 437 - ROTC service scholarships; community colleges

House Elections and Governmental Organization:

Time/Location: 3:30 p.m. Docking Room 784

  • No hearings on proposed legislation scheduled at this time.

House Energy and Utilities:

Time/Location: 9:15 a.m. Docking Room 783

  • No hearings on proposed legislation scheduled at this time.

House Federal & State Affairs:

Time/Location: 1:30 p.m. Capitol Room 313-S

Wednesday, March 5

  • Hearing on HB 2742 - Sale of automatic weapons, silencers to law enforcement

Thursday, March 6

  • Hearing on HB 2801 - Kansas state high school activities association; state championship football games

House Government Efficiency and Technology:

Time/Location: 3:30 p.m. Capitol Room 526-S

  • No hearings on proposed legislation scheduled at this time.

House Health and Human Services:

Time/Location: 1:30 p.m. Capitol Room 526-S

Wednesday, March 5

  • Work on health reform related bills by sub-committee- Proponents and Opponents of KHPA recommendations

Thursday, March 6

  • Work on health reform related bills by sub-committee- Proponents and Opponents of KHPA recommendations

House Insurance and Financial Institutions:

Time/Location: 3:30 p.m. Capitol Room 527-S

Wednesday, March 5

  • Hearing on Sub SB 209 - Insurance; rate and form filings; error notification procedure
  • Hearing on SB 441 - Health insurance; HIPAA date change

Thursday, March 6

  • Hearing on SB 465 - Casualty insurance filings for rates and forms
  • Hearing on SB 472 - Pooled Money Investment Board; investment in certain corporate bonds

House Judiciary:

Time/Location: 3:30 p.m. Capitol Room 313-S

Wednesday, March 5

  • Hearing on SB 412 - Health care; medical assistance repayment; discretionary trusts
  • Hearing on SB 431 - Probate, small estates, increasing allowances for spouses and minor children
  • Hearing on SB 432 -Uniform transfer on death security registration act
  • Hearing on SB 435 - Amendment to revised Kansas juvenile justice code and revised Kansas code for care of children

Thursday, March 6

  • Hearing on SB 433 - Uniform prudent management of institutional funds act
  • Hearing on SB 434 - Code of civil procedure, electronically stored information

House Taxation:

Time/Location: 9:00 a.m. Capitol Room 519-S

Wednesday, March 5

  • Hearing on HB 2288 - Refund of retailers' sales tax paid on certain purchases of telecommunications machinery and equipment

Thursday, March 6

  • Hearing on HB 2938 - Sales tax exemption for certain 501 (c) (3) nonprofit organizations

Friday, March 7

  • Hearing on HB 2762 - Corporate income taxation changes relating to apportionment of net income, business income and surtax on corporations

House Transportation:

Time/Location: 1:30 p.m. Capitol Room 519-S

  • No hearings on proposed legislation scheduled at this time.

House Veterans, Military, and Homeland Security:

Time/Location: 1:30 p.m. Docking Room 784

  • No hearings on proposed legislation scheduled at this time.