KC Buzz Blog

KS lawmakers vote to abolish franchise tax

    The Kansas House gave preliminary approval to a bill abolishing the corporate franchise tax over three years.

   The tax brings in $44 million a year for the state.

   Proponents say eliminating the tax will give businesses an advantage and make Kansas more attractive to new investment. They argue that loses to state coffers will be compensated by economic growth caused by eliminating the tax.

   The tax, paid by businesses on a percentage of their net worth, would be eliminated over three years. Now, companies are taxed .125 percent of their net worth. Companies with a net worth of $100,000 or less do not pay the tax. The tax is capped at $20,000.

   In year one, the bill would raise the exemption to $3 million, meaning businesses with a net worth of less than that would not have to pay the tax.

   In year two, the franchise tax rate would be cut in half. In the third year, the tax would be completely abolished.

   The House is set to hold a final vote on the bill, HB 2031, Tuesday. Then it moves to the Senate.

   Read more in tomorrow's Star.

Posted by David Klepper

A Friday funny

Jim Sullinger points out this cartoon from today's Wichita Eagle.

Kansas Senate takes on health care

   A Kansas Senate health care task force released four proposals Thursday designed to reduce the costs of health care and expand access to it. This is seen by many lawmakers as the session's biggest challenge. The gauntlet was laid down with force by Gov. Kathleen Sebelius during her state-of-the-state address.

And lawmakers are doing something about it. Here are the proposals:

• Encourage the parents of eligible children to enroll in state-funded health care programs. Currently, some 71 percent of the children eligible for income-based programs don't participate.
• Use more tobacco settlement money for anti-tobacco programs.
• Require more newborn health screenings (right now, four screenings are required, the task force proposes 29)
• The "Connector": an ambitious plan to encourage the creation of health plans that belong to the person, not the employer, and that follow them when they change jobs. How this would work, who would pay what, and what the insurance companies would do, remains to be seen. But the Senate is serious about figuring it out.

   Sen. Jim Barnett, an Emporia Republican, a physician and the chairman of the task force, said he wants to see action on health care legislation this session that will reduce costs and expand health care access to as many Kansans as possible.

“We believe it is very doable this session,” he said.

Posted by David Klepper

Creative twist for KS funeral protest bill

   Thirty-seven of the 40 Kansas Senators are signed on to legislation restriction funeral protests.

   SB 244 would create a 300-foot protest-free buffer around funerals for one hour before and two hours after a funeral service. The bill would also make it illegal for protestors to obstruct a public street or sidewalk.

   Last year, a similar bill failed to pass because lawmakers were afraid it would be struck down in a court challenge and the state would wind up paying the legal fees for protestors, in this case, Topeka's Westboro Baptist Church, which protests the funerals of soldiers across the country.

   This year, lawmakers had a creative idea: get the attorney general to ask the court for a declaratory judgement on the law before it takes effect. That way, the Legislature will know whether the law works before anyone can sue.

   Shirley Phelps-Roper, attorney and Westboro member, thinks that's great.

"It just saves us the trouble" of suing, she said. She expects the law to be struck down.

Posted by David Klepper

Republican withdraws after 3-month election dispute

   Republican John Dennis Kriegshauser dropped his election challenge today to last November's slim victory by a Democrat in Johnson County's 16th House District.

   His withdrawl letter, which was read to the full House, came hours after a legislative committee charged with examining the election found that Democratic Rep. Gene Rardin of Overland Park had won the House seat by two votes.

   In the letter, Kriegshauser said he had been advised that he could win the seat in a vote by the full House, where Republicans outnumber Democrats 78-47.

   "However, I believe that such an excercise, regardless of outcome, in today's political climate, would likely impede the thoughtful deliberation of other important matters before this body," he wrote.

   He also congratulated Rardin on his election.

   Kriegshauser's withdrawal means the House won't vote on the issue and avoids what could have been a bitter, partisan fight on the House floor next week that could have lingered for the rest of this year's session.

   The six-member select committee reached the same conclusion as Johnson County District Court Judge Steve Tatum after a hearing last month on a challenge.

   Rep. Mike O’Neal, GOP chairman of the six-member select committee, said the written report of the panel’s findings will be voted on tomorrow.The report is expected to be approved by all six committee members, three Democrats and three Republicans.

   Five provisional ballots counted after election day were being challenged by Eric Carter, Kreigshauser’s attorney, because he said four of the five were cast by voters who didn’t live in the district.

   Carter asked that these votes be taken away from Rardin’s victory margin, which would have made Kreigshauser the winner. The committee didn’t go along because if was unclear who those voters had chosen in the 16th District race. Their ballots had been commingled with hundreds of others.

   The fifth disputed ballot belonged to a woman who voted in advance, along with her husband but they put their ballots in the wrong envelopes. The husband was able to correct his mistake in time, but the woman was not.

   The judge counted the ballot anyway, including it Kriegshauser’s total, based on a sworn statement she signed as to which candidate she supported. That unopened ballot was delivered today to the committee by Brian Newby, Johnson County election commissioner, and opened. The woman had voted for Kreigshauser and Rardin’s margin of victory stood at two.

Posted by Jim Sullinger

A belated happy birthday...

  We missed it yesterday, but it was Ronald Reagan Day in Kansas.

   The Kansas Senate took up a resolution naming February 6th Ronald Reagan Day. The 40th President was born on that day, 96 years ago, in Tampico, Illinois.

  "Ronald Reagan is an icon of optimism, faith and hope in the American people," said the resolution's sponsor, Sen. Tim Huelskamp, a Fowler Republican. He cited Reagan's role in ending the Cold War, the dismantling of communism in the former U.S.S.R., economic growth and the "restoration of pride in America, her values and those cherished by the entire free world."

Posted by David Klepper

Should discrimination against gays be made illegal?

   A panel of Kansas lawmakers took up a bill that would outlaw discrimination based on sexual orientation, adding it to a list of protected attributes like race, religion, color, disability, gender and age.

   The bill, SB 163, would make it illegal to fire someone or deny them a job, housing or a hotel room based on their sexual orientation.

   A similar bill went nowhere two years ago, the same year the state passed a Constitutional Amendment banning gay marriage.

   The Senate Federal & State Affairs Committee looked at the bill Tuesday, and heard from gay Kansans who said they had been fired from jobs after their boss found out about their sexuality.

One lawmaker testified against the bill. Rep. Janice Pauls, a Hutchinson Democrat, argued the bill would lead to a rush of lawsuits from disgruntled former employees. She also said giving gay Kansans legal protection from discrimination would "fly in the face of a lot of beliefs people have" about the morality of homosexuality.

No committee vote has been set.

Posted by David Klepper

Vote on big business tax cut expected later this week

   Debate and action on a $44 million tax break for business this year is expected in the Kansas House later this week.

   The measure, which would eliminate the state's business franchise tax, was approved by the House Taxation Committee Monday.

   Numerous amendments are expected, including one to phase out the tax over several years and another that reflects a proposal by Gov. Kathleen Sebelius to reduce the number of businesses affected by the tax.

   Sebelius issued the following statement recently saying that total elimination on top of other tax cut proposals "isn't financially responsible." The Kansas Senate also is likely to turn up its nose at a complete one-year elimination.

Posted by Jim Sullinger

Taking on the Kansas Supreme Court: "Tilting at windmills"

   Another year for the Kansas Legislature, another attempt to change the state Constitution to prevent another school finance fiasco.

   Sen. Phil Journey pushed his proposed Constitutional Amendment, SCR 1601, which would eliminate the requirement that the Legislature make "Suitable" provision for school finance. In its place would be language stating that the Legislature shall "provide" for school finance in the "manner and amount as determined solely by the legislature."

   It's not likely to pass, even though lawmakers are still smarting from the bitter school finance battle played out in the courts. A series of similar attempts to limit the jurisdiction of the court in school finance litigation or change the way justices are appointed has failed in the past two years.

   And even Journey admits his bill probably isn't going anywhere. But he said he just couldn't sit idly by as the Legislature's power of the purse is attacked.

   "Sometimes you just have to jump on your donkey and tilt at the windmill," he said.

Posted by David Klepper

Election victor survives a legislative hurdle

    A legislative committee agreed today that Democrat Gene Rardin of Overland Park won the contested election to the Kansas House of Representatives in Johnson County’s 16th District.

   The committee -- evenly split between Republicans and Democrats -- backed a decision last month by Johnson County District Court Judge Steve Tatum that Rardin had beaten his Republican opponent, John Dennis Kriegshauser, by two votes.

   Eric Carter of Overland Park, Kriegshauser’s attorney, said he will consult with his client later today on whether to withdraw the election challenge. Carter has contended that four challenged ballots accepted by Johnson County election officials were cast illegally by voters who didn’t reside in the House district.

   However, lawmakers said they were unable to determine who those voters chose in the House race because the ballots were commingled with 1,300 other provisional ballots and could not be identified. Carter had asked the committee to subtract three of those votes from Rardin’s total because he said they were probably cast for the Democrat.

   Democrats on the committee praised the committee’s Republican chairman, Rep. Mike O’Neal of Hutchinson, for conducting the election inquiry in a nonpartisan manner. Rep. Jim Ward, a Wichita Democrat, said the committee looked at the facts presented by both sides of the challenge and reached its decision based on those facts and not partisan politics.

   O’Neal said two previous election challenges in the early 1990s were handled in a non-partisan manner and that he was determined to make sure this case was handled the same way.

   “These election contests are tough,” he added.

   A meeting to finalize the committee’s recommendation is scheduled for tomorrow. If Kriegshauser withdraws, it would avoid what some believe could be a bitter, partisan fight on the House floor sometime next week.

   A majority vote by the full House, which is overwhelmingly Republican, could give the election to Kriegshauser.

Posted by Jim Sullinger

Legislation sometimes makes "cents"

   Kansas lawmakers don't always deal in hundreds of thousands of dollars or millions.

   Sen. John Vratil, a Leawood Republican, led debate today on a measure that will save the state 78 cents a year, according to a fiscal analysis.

   It repeals a statute passed in the early 1970s requiring the Kansas Supreme Court to notify the Legislature whenever a magistrate court position is created or abolished or a new district judge position is created.

  "Frankly, I'm tired of getting these letters every year," Vratil told the Senate.

   P.S. There wasn't any debate.

Posted by Jim Sullinger

Roberts needles Parkinson over party switch

    Sen. Pat Roberts had some fun greeting Lt. Gov. Mark Parkinson Monday morning when he addressed the Kansas Legislature.

   Roberts started his remarks to the Legislature with the customary hellos to the House Speaker, Senate President, etc etc.

   When he got to Parkinson, the former GOP chairman turned Democrat, he looked around. First to the right, where GOP lawmakers sit. Then to the left, where the Democrats sit.

   "I guess you're over here, Mark," Roberts said.

   Republicans had a hearty laugh. Democrats looked a little miffed at first, then they cheered. Afterall, he who laughs last laughs best. And in politics, he who converts the opposition's former chairman laughs even better.

   Roberts, after smiling to assure everyone he was merely having a little partisan fun, said "That's a hell of a way to start."

   Roberts was in Topeka to drum up support for efforts to lure a federal bio- and agro- Defense Facility to Kansas.

   By the way, Roberts addressed a rare joint session of the Senate and House. That's the first time that's happened (aside from annual State of the State addresses and the like) in 17 years.

Posted by David Klepper

Kansas lawmakers warming to climate change

    For the first time in memory, Kansas lawmakers are coming out of the global warming closet.
   During discussions about a proposed tax break for nuclear power plants and a two-year ban on new coal plants, several lawmakers uttered what just a few years ago was almost unheard in the capitol.
   “Global warming is a fact,” said Rep. Bill Otto, a LeRoy Republican. Otto went on to lay part of the blame on America’s oil consumption.
   And this from Rep. Tom Hawk, a Manhattan Democrat, about global warming: “It’s clearly a danger.”
   Still, not everyone seems convinced. Rep. Peggy Mast, an Emporia Republican, had this to say after a scientist testified last week about the dangers posed by global climate change.
   “I remember top scientists back in the seventies were saying we were headed into another ice age,” she said.
   The tax break bill would give a 10-year property tax exemption to a power company that builds a new nuclear plant within three miles of the state’s existing nuclear plant, Wolf Creek. It passed the House last week and now moves on to the Senate.
   The bill to ban new coal plants for the next two years wasn’t so lucky. It was tabled in the House Utilities Committee today.

Posted by David Klepper

Wichita senator wants Kansas to pass Iraq resolution

   The U.S. Senate isn’t the only legislative body considering a resolution critical of President Bush’s Iraq troop surge.

   The issue came up today before a committee of the Kansas Senate.

   Sitting in a wheelchair, former Army specialist Tomas Young of Kansas City told a Senate panel that Bush needs to get the permission of the Congress before deploying 20,000 more troops to Iraq. A resolution urging the President to do just that was introduced last month by Sen. Donald Betts, a Wichita Democrat.

   Young, 27, testified at a hearing on the resolution before the Senate Federal and State Affairs Committee. The truck Young was riding in was ambushed in Sadr City, a Bagdad slum, in 2004 and he was severely wounded, paralyzed from the chest down. He said almost all of the 24 soldiers in the back of the open truck were wounded.

   “It was like shooting fish in a barrel,” he said of the insurgent attack.
No one spoke at the hearing against the resolution and no comments were offered by committee members when Young finished.

   It did prompt a response later from the state’s new GOP chairman, Kris Kobach, who said Betts and other Democratic senators should focus on issues the state has some control over.

   “Not only does Senator Betts want to deny our soldiers the reinforcements they need, he evidently thinks the Kansas Senate should be determining U.S. military policy,” Kobach said.

   Betts said it is doubtful that his resolution will advance farther than today's hearing. It is a tough political issue that most state lawmakers would rather leave to members of the Congress.

Posted by Jim Sullinger

Tax cuts for nuke plants

   Want to build a nuclear plant? Bring it to Kansas; we'll cut your taxes.

   That's the plan lawmakers are looking at, anyway. The House gave a preliminary endorsement to a bill Thursday that would grant a 10-year property tax exemption to new nuclear facilities, so long as they're within three miles of an existing nuclear plant.

   Kansas has only one: Wolf Creek near Burlington.

   Supporters said if you want to cut the state's reliance on fossil fuels, nuclear energy is going to have to be considered. Opponents said any incentives should include tougher requirements for the storage of nuclear waste.

   The incentives bill, HB 2038, gets a final vote in the House tomorrow.

Posted by David Klepper

Panel to review contested Overland Park election

    A six-member House committee was appointed today to review the challenged election of Rep. Gene Rardin, an Overland Park Democrat.

   House Speaker Melvin Neufeld, an Ingalls Republican, appointed three Republicans and three Democrats as required by state law. Neufeld said he was committed to protecting the rights of District 16 voters and the integrity of the Kansas Legislature.

   “I am confident the committee will be deliberate in its review of the information contained in the court files and that this body will do what is fair and correct,” he said.

   The three Republicans are Rep. Mike O’Neal of Hutchinson, who will serve as chairman, Rep. Gary Hayzlett of Lakin, and Rep. Jene Vickrey of Louisburg. Rep. Tom Sawyer, a Wichita Democrat, will serve as vice chairman. The two other Democrats are Rep. Mike Peterson of Kansas City, Kan., and Rep. Jim Ward of Wichita.

   State law requires the special committee to make a recommendation to the full House within 10 days. The full House would then vote on whether to overturn Rardin's election and give the House seat to Republican John Dennis Kriegshauser of Overland Park or allow Rardin's election to stand.

   Rardin cannot vote.

   O'Neal and Sawyer said they have never heard of a contested election being decided by a vote of the full House. And the prospect of a floor vote has Democrats nervous. Republicans currently hold a 31-vote advantage over Democrats in the House.

   Earlier this month, Johnson County District Court Judge Steve Tatum found that Rardin had won the election by two votes. His finding now goes to the special legislative committee for its review.

   O'Neal said he wants to hear from both sides of the election dispute before making a final recommendation.

Posted by Jim Sullinger

Kansas: Give us the federal defense facility

   Sen. Pat Roberts has been invited to address a rare joint session of the Kansas House and Senate next week.

   The topic: efforts to lure a National Bio and Agro-Defense Facility to Kansas.

   The federal facility would focus on the nation's vulnerabilities and defenses to biological attacks and attacks on the nation's agriculture.

   Kansas is in the running for the facility, which is expected to bring good jobs and is seen as a great fit for the state's efforts to bolster bioscience investment in the state.

   Last week, Gov. Kathleen Sebelius issued an executive order forming a task force to lead efforts to lure the facility to the Sunflower State.

Posted by David Klepper

Proposed smoking ban in Kansas: counties could opt out

   Lawmakers discussing the proposed statewide smoking ban are now considering an amendment to allow counties to opt out.

   The change, suggested by Sen. Derek Schmidt, would give the decision to county governments. Under Schmidt's proposal, if a county commission acted to exempt the county from the ban, the county's voters could put the ban on the ballot.

   The proposed ban would outlaw smoking in most public areas, including businesses, restaurants and bars. The Senate Judiciary Committee is working out the details of the bill, SB 37, and could hold a vote on it Wednesday. Schmidt's amendment has not yet been approved.

   So far, the committe has had to rework language in the bill several times to avoid pitfalls. The bill now exempts:

• Fraternal organizations like the Elks.
• Truck drivers and freight train workers (since the law bans smoking in workplaces, it would have applied to trucks and trains)
• State veterans' homes.
• Charitable cigar dinners.
• Smoking cars on passenger trains.

Posted by David Klepper

House tax bill would exempt Social Security income

   A Kansas Senate panel held a hearing about two weeks ago on a bill to exempt Social Security payments from the definition of income on state income tax forms.

   Senate Bill 29 is still sitting quietly in the Senate Assessment and Taxation Committee.

    Kansas House members aren't sitting on their hands, however. A bill similar to the Senate version was introduced today by Rep. Judy Morrison, a Shawnee Republican, and 67 Republican co-sponsors. One of those was House Speaker Melvin Neufeld, which means this measure_ HB 2264 -- will definitely get a hearing in the House Taxation Committee.

   It might even make it out of committee for a vote on the floor, which would tee it up for possible passage later in the session if the Senate balks.

Posted by Jim Sullinger

Forum provides insights into Legislature

    Five times each legislative session, Johnson Counthy community leaders get the low down on what's happening under the Capitol dome from county lawmakers who toil there.
   The first one of these session was held Saturday with five legislators providing their insights.
   House Majority Leader Ray Merrick, a Stilwell Republican:
   There has been a lot of work already on proposed tax cuts, Merrick said, but don't look for action anytime soon.
  "We're going to see what programs really need to be funded and then we'll back into the tax cuts," he told the breakfast event.
   Merrick said he's hoping that something in the neighborhood of $60 million can be carved out of the budget for tax cuts this year.
   Rep. Arlen Siegfreid, an Olathe Republican and member of the House Tax Committee:
   It's doubtful that any property tax relief will pass this year but it needs a thorough discussion, he said.
   On gambling, Siegfreid said lawmakers need to renew the state lottery this year or it will cease operating. That renewal, however, will open the door to a major debate on casino gambling, he predicted.
    Rep. Cindy Neighbor, a Shawnee Democrat:
   A lot of attention is being paid to alternative energy resources. She said three wind farms are operating now with 16 more on the drawing boards with a goal of producing 10 percent of the state's energy needs some day.
   Neighbor said there are eight ethanol plants currently in operation with five more under construction and three more proposed.
   Sen. Nick Jordan, a Shawnee Republican:
   Jordan is leading a Senate task force on K-12 education. He said the focus of the task force at-risk funding of public schools. The state provides substantially more aid for low-income students who qualify for free school lunches. But Jordan said this may not be the best way to determine who is at risk of academic failure and who is not? Some lawmakers believe a better way is looking a state assessment tests given each spring and awarding the extra dollars based on how many students are judged to be non-proficient in math and reading.
    Rep. Sue Storm, an Overland Park Democrat:
   The Legislature approved $10 million this year for at-risk students based on
non-proficiency on assessment tests. However, no money was projected for next year.
   Storm said she was optimistic that money would  be found and approved for next year based on proficiency. That measure provides more money to Johnson County schools because parents there are more economically affluent than most other districts.

Posted by Jim Sullinger

Debt reduction may compete for tax cut dollars

    Who wants Kansas to cut taxes? Raise your hands.
   Now, who would prefer to use part of the money that would have gone to tax cuts used, instead, to reduce the state's large debt? Not many hands going up?
House Minority Leader Dennis McKinney, a Greensburg Democrat, said today he doesn't want lawmakers to get so carried away with cutting taxes that debt reduction gets ignored.
    During the early part of this decade, the state borrowed heavily because revenue was declining.
    By 2005 the debt had reached more than $4 billion, the largest in state history.
McKinney said he's concerned about how far lawmakers might go in cutting taxes.
   "We need to get our heads together and decide what is prudent and what level we don't want to go beyond," he said during his weekly news conference. "I want some debt reduction in that mix."
   McKinney also pointed out that more state dollars needed to be saved for a rainy day when the state's economy goes into a future recession and the state revenue picture starts getting bleak.

Posted by Jim Sullinger

Kansas legislation: Guns and taxes

   Kansas lawmakers are besieged every year with requests from non-profit organizations for sales tax exemptions.
   They are pouring in this year as well.
   Sen. Barbara Allen, chairwoman of the Senate Assessment and Taxation Committee and an Overland Park Republican, introduced bills earlier this week at the request of three Johnson County organizations: the Johnson County Young Matrons, the TLC Foundation (Temporary Lodging for Children) and the Jazz in the Woods event at Corporate Woods.
   Not to be outdone, Sen. Roger Pine, a Lawrence Republican, asked for a bill to exempt all Lions clubs from paying sales tax on anything they sell.
   It is far from certain that these will become law but they are in play and at least have a chance.
    Some lawmakers are so tired of these requests that a bill has been introduced exempting all non-profit 501C3 organizations.
    Other bills of interest:

• Supporters of last year's concealed handgun law are upset that cities are passing ordinances that impose additional, local regulations on permit holders. For example, it is a crime in Wichita for a city employee with a gun permit to carry that firearm to work. In Leawood, the council prohibited firearms on all city property, including parks and greenways. Those ordinanced would be wiped off the books under bills filed today in both the House and Senate.
• Sen. Chris Steineger, a Kansas City, Kan. Democrat, has introduced a measure establishing bistate authority for a regional transit sales tax. The money would go toward the cost of operating a coordinated bus system in the metro area. Similar iniatives have met with little success.
• Robo calls, those automated political messages people get during campaigns, would be prohibited under a bill introduced in the House.

   The House passed a measure this week allowing any county to establish a satellite advance voting location. Now, only Johnson and Sedgwick County can establish these voting sites.

Posted by Jim Sullinger and David Klepper

Smoking ban vote delayed, again

    Don't look for a committee vote on a statewide smoking ban in Kansas this week.

    The Senate Judiciary Committee took up the bill again this morning, but wasn't ready to take a vote.

   The measure, SB 37, would ban smoking in most public places, including businesses, restaurants and bars.

   A controversial amendment added to the bill yesterday by Sen. David Haley, a Kansas City, Kan. Democrat, was removed Thursday. Haley's proposal would have banned smoking in cars when a minor is along for the ride.

   The proposal was seen as a deal breaker for the bill, which already has an uphill climb in the Legislature.

    Another problem popped up, however, to replace the ill-fated amendment: the bill, as written, would prohibit truckers from smoking in their cabs. That's because the bill bans smoking in workplaces, and technically, for truck drivers, that's inside the cab. Lawmakers say they'll work to rewrite the bill to allow truckers their tobacco.

   Committee Chairman John Vratil, a Leawood Republican, said he expects a vote on the measure next week.

Posted by David Klepper

First Amendment crisis averted!

  Kansas House Speaker Melvin Neufeld's staff is saying the new rules for reporters covering the Kansas Statehouse is a draft and that controversial rules have already been taken out.

   The single-page list of rules contained one that had reporters looking up the phone numbers of their attorneys:

   "House Committee Chairperson (sic) determines the media rules for their committees. Members of the media should contact the chairperson before taking of pictures or reporting on committee action."

   That seemed to suggest reporters had to ask permission before covering public committee meetings - clearly a violation of the state's open records laws and the Constitution.

   But the rule was actually a left-over from media rules written years ago (that were never, to this reporter's knowledge, publicized or enforced). According to Sherriene Jones, spokeswoman for Neufeld. It was taken out when Neufeld's people were updating the rules.

   Good.

   Word in the halls is that a critic of Neufeld somehow obtained the draft and sent it to reporters in order to start a firestorm. It almost worked.

Posted by David Klepper

New rules for media in Kansas

   New Kansas House Speaker Melvin Neufeld wrote up a list of new rules for the media covering the statehouse. Most of them are the same kinds of things statehouse reporters have done for years (no cell phones in the House chamber, no photographs of votes).

   But here's the shocker:

   "House Committee Chairperson (sic) determines the media rules for their committees. Members of the media should contact the chairperson before the taking of pictures or reporting on committee action."

   That would seem to say reporters have to ask permission before covering a public committee meeting.

   Reporters aren't taking it very well. We'll have more later.

Posted by David Klepper

Speaker issues statement on election protest

   The challenge to last November's election of Democratic Rep. Gene Rardin of Overland Park now rests with House Speaker Melvin Neufeld, an Ingalls Republican, and a House of Representatives dominated by the GOP.

   They will make the ultimate decision on whether Rardin, who won by two votes, will get to keep his House seat.

  A Johnson County judge issued a "finding of fact" Tuesday in Rardin's favor. The judge's findings now goe to Neufeld, who issued a statement today that promised "to protect the rights of District 16 voters and the integrity of the Kansas Legislature."

   "We will be deliberate in our review of the information contained in the court file. We also will study the precedent and protocols set by previous cases and then do what it fair and correct."

Posted by Jim Sullinger

JoCo lawmakers continue ire over last year's school bill

        The Kansas House approved a bill today locking away money_ $271.7 million_ for the second and third years of the school funding plan approved by the Legislature last year and blessed later by the Kansas Supreme Court.

          Johnson County lawmakers didn't like that plan then and they made it known today that their opinion hasn't changed. The measure_ SB 30_ won approval by a vote of 105-17.

Of the 17 "No" votes, 10 came from Johnson County. Rep. Lance Kinzer, an Olathe Republican, called last year's school funding plan fundamentally flawed.

He entered this explanation of vote into the record:

"While the plan may satisfy a capricious court, it is wholly unsatisfactory to those who believe in local control, rational distribution of funds, and fiscal responsibility. Under this plan Johnson County will provide 1/3rd of the money, educate 1/5th of the kids and receive less than 1/10th of state dollars.  This plan is the unacceptable result of legislative obsequiousness to education policy by judicial fiat. We can and should do better."

Besides Kinzer the other Johnson County "No" votes were cast by Representatives Anthony Brown of Eudora; Ben Hodge of Overland Park; Terri Huntington of Mission Hills; Mike Kiegerl of Olathe; Tim Owens of Overland Park; Stephanie Sharp of Lenexa; Arlen Siegfreid of Olathe; Sue Storm of Overland Park, and Kevin Yoder of Overland Park.

Post by Jim Sullinger    

Should the cervical cancer vaccination be mandatory?

   Yes, according to some Kansas lawmakers. They're planning to file a bill that would make Gardasil a required vaccination for girls. The vaccine prevents the virus that causes most types of cervical cancer, and doctors are now recommending that young girls receive it before they become sexually active.

   But putting "young girls" and "sexually active" in the same piece of legislation will make a lot of lawmakers nervous. They say the decision of when to vaccinate girls should rest with the parents.

  Any thoughts?

Posted by David Klepper

Second-hand smoke alarm

    As we've already discussed, Sen. David Haley of Kansas City, Kan., wants to make it illegal to smoke in cars when kids are inside.

   But this is what he had to say about adults who smoke while driving around their kids:

   "I think it's tantamount to child abuse," he said.

Posted by David Klepper

Johnson County aims for more school dollars

       Members of the Johnson County delegation to the Kansas House said it loud and clear: They want a better deal on school finance.
       They put the entire 125-member House on notice today that they want an additional $4.8 million for high enrollment school districts next year and another $10 million for each of the next two years in state at-risk dollars based on student proficiency.
       The state is spending more than $100 million this year on at-risk students based on the number of low-income students who qualify for free lunches. Another $10 million was also appropriated based, instead, on student performance in math and reading.
       Both were part of a three-year, $466 million school finance package approved last year.
       But the $10 million, which was backed by Johnson County lawmakers, wasn't included in the second and third years of the school finance plan.
Johnson County schools get more money under a definition of student proficiency because the area is more economically affluent.
       Rep. Lance Kinzer, an Olathe Republican, offered an amendment on the House floor today to add the high enrollment money and Rep. Anthony Brown, a Eudora Republican, offered the at-risk amendment based on student proficiency.
        Both were ruled out of order, but Kinzer noted that the county delegation was unified and wasn't giving up. He noted that every member of the delegation voted against last year's school spending plan.
       "Our constituents pay 30 percent of the taxes but we get back less than 10 percent of the money in that plan," Kinzer said.
He said Democrats and moderate and conservative Republicans from Johnson County were united behind the goal of obtaining more state dollars for county schools.

Posted by Jim Sullinger

Odds go up for presidential primary in Kansas

     Kansans almost got to vote in a presidential primary in 1996 when Republicans wanted to help their native son, former U.S. Sen. Bob Dole, win the GOP nomination for president that year.

The vote was scheduled for April but was cancelled by state lawmakers a few weeks prior to the date because Dole had already secured the nomination. The last presidential primary in Kansas was 1992.

Well, there's another native son, Republican U.S. Sen. Sam Brownback, running for president and, coincidentally, a bill has been introduced to hold a presidential preference primary on the first Tuesday in February, 2008.

The measure was introduced by Sen. Phil Journey, a Haysville Republican. These bills are usually destined for the legislative scrap heap. Too expensive, critics have always said.

There may be a lot fewer of those critics, however, now that Brownback has thrown his hat into the presidential ring.

    Journey was interviewed recently by Jim Sullinger of The Star and here's audio of what he had to say.

Posted by Jim Sullinger

House GOP to study health care

    Kansas House GOPers says they're serious about health care this year, and now they've got the task force to prove it.

    Republican leaders in the House announced the formation of a Health Task Force to focus on the state’s mounting medical bills.

   The group will study ways to increase affordability of health coverage for individuals and business, address state government’s growing Medicaid costs, and work to meet the needs of the uninsured.

   The task force will be led by Rep. Jeff Colyer, an Overland Park Republican and a physician.

   “Good health is a personal priority for every Kansan,” said Colyer. “It is priority for the House as well and we are moving forward now.”

   Something interesting about the task force: five of the 13 members come from Johnson County.

   They are (besides Colyer): Terrie Huntington, Mission Hills; Mike Kiegerl, Olathe; Ray Merrick, Stilwell; and Kevin Yoder, Overland Park. Kenny Wilk of Lansing will also sit on the committee. All are Republican House members.
   The task force will hold its first hearing next week.

Posted by David Klepper

Weather ices Kansas lawmaker

   State Rep. Kevin Yoder, an Overland Park Republican, can be added to the list of victims of last weekend’s snow and ice event.

   He slipped on an icy patch Tuesday, broke his leg and was taken to a Topeka hospital.

   He has been absent from the Kansas Statehouse ever since but plans to return Monday. Before the start of today's House session, the chaplain prayed for Yoder's recovery.

Posted by Jim Sullinger

Kansas biz backs $44 million tax break

  In Topeka today, parade of business lobbyists lined up today to back passage of a $44 million tax break being considered by the House Taxation Committee.

The measure -- HB 2031 -- would eliminate the state's franchise tax, a sort of occupation tax for the right to do business in the state.

  Supporters told lawmakers that only 19 states levy this tax, which places Kansas at a disadvantage in acquiring new businesses.

  Gov. Kathleen Sebelius, a Democrat, wants to eliminate the tax for 16,000 small businesses but would keep it in place for those with a net worth of $1 million or more. Republicans, who back HB 2031, favor complete elimination.

  Her proposal would cost the state budget $7.3 million compared to the Republican plan at $44 million.

   Also under consideration is a reduction in the rate of corporate income tax.

  Rep. Tom Holland, a Baldwin City Democrat, asked Marlee Carpenter, lobbyist for the Kansas Chamber of Commerce which she preferred_ the corporate income tax reduction or elimination of the franchise tax.

   "We want it all," Carpenter answered.

  Rep. Kenny Wilk, a Lansing Republican and committee chairman, said lawmakers on his committee will begin marking up and debating the bill next week. Look for Democrats to oppose it -- favoring the governor's plan -- and Republicans wildly in favor.

Posted by Jim Sullinger

Kilpatrick case to be reviewed by prosecutor

   The Shawnee County prosecutor wants to review the case of former Kansas Rep. Patricia Kilpatrick, who was fined $45,000 last month for using campaign money for personal expenses.

   Shawnee County DA Robert Hecht wrote the state Ethics Commission asking that he be sent the files on the Kilpatrick investigation. It's too early to say whether this means the former Overland Park lawmaker could face a criminal charge.

   "The matter will be reviewed by prosecutors within this office to determine what prosecutorial decision is appropriate," Hecht wrote in his letter to the commission.

   The commission voted Wednesday to forward on the information.

   The commission levied the fine - its largest ever - after Kilpatrick admitted mixing campaign funds with personal funds, using campaign funds to pay for personal expenses and failing to report campaign donations.

   As part of a deal reached between ethics officials and Kilpatrick, the Ethics commission agreed not to recommend prosecution. But Hecht isn't bound by any agreement.

   Ethics investigators alleged Kilpatrick put campaign money into multiple bank accounts and used the accounts to pay for rent, Starbucks coffee, utility bills and child care. They say she deposited $6,400 in campaign contributions into accounts that were later emptied and reported only $180 in campaign expenditures. When ethics investigators asked Kilpatrick for financial records, they say they got faked checks and altered bank statements.

   Kilpatrick, who did not seek re-election last year, could not be reached for comment.

Posted by David Klepper

Anti-tax group promotes legislative agenda

      The Kansas chapter of Americans for Prosperity may be looking at its best legislative session yet.

      The organization promotes tax reduction, government accountability and spending restraint. It unveiled its legislative wish list today; many of the items looked similar to proposals made last week by Republican legislative leaders, including elimination of the business franchise tax, a reduction in the corporate income tax and lower employer contributions to the state's unemployment compensation fund.

      But the organization didn't stop there. They also want additional legislation:

1. A ceiling or limit on how much debt state government can acquire. Public debt in the state has grown from $424 million in 1992 to almost $4 billion today.
2. A two-thirds or supermajority in both the House and Senate to raise taxes.
3. Opposition to any expansion of eminent domain authority by city and county governments.
4. A public database that documents where and how Kansas tax dollars are being spent.
5. A bill prohibiting the public funding of lobbyists but allowing local school districts and governments to hire a lobbyist, if they wish, with private funds.
6. A commission to periodically examine state programs and determine whether they are still needed.

Americans for Prosperity has county chapters in 25 of the state's 105 counties and 6,500 members. Jim Sullinger of The Star's staff interviewed Alan Cobb, the group's executive director and Senate Majority Leader Derek Schmidt, an Independence Republican, and you can click here to hear it.

Posted by Jim Sullinger

Smoking ban in Kansas in the works

    A statewide smoking ban in bars and restaurants in Kansas?

    Could be a possibility. The Senate Judiciary Committee just held a hearing on a proposed statewide ban. What many lawmakers scoffed at just a few years ago could stand a chance, according to lawmakers on the committee. But it faces some serious opposition from the state Chamber of Commerce and small businesses.

   "I tend to believe it's a matter of time," said Sen. John Vratil, the chairman of the committee. "I don't know if this is the time, however."

   The committee expects to take a vote on the measure next week.

Posted by David Klepper

It's inauguration day!

    It's a big day in Topeka. The Legislature's back. The governor's second term begins. Let the fun begin.

    It all started at 9:30 with a prayer service. Then at 11, Gov. Kathleen Sebelius, Attorney General-elect Paul Morrison and others will be sworn in. At 2, the Legislature is sworn in and officially begins the 2007 session. And at 5:30, Sebelius will preside over her inaugural dinner and ball.

   In the meantime, there's a platoon of bagpipers and the Kansas Guard is here in full regalia. And there's a chance that Morrison's first decision upon taking office will be to fire special prosecutor Don McKinney, hired by his predecessor Phill Kline to investigation Wichita abortion provider George Tiller.

   One question: why did somebody decide the best place for the bagpipers to warm up and tune (if that's what they're doing) is right outside the capitol media offices? Talk about starting off on a sour note...

Posted by David Klepper

Text messages, corporal punishment and the most unique legislation, 2007 edition

    Remember last year's proposal in Kansas to make ex-con sex predators use pink licenses plates on their cars? Well, this year in Kansas should see its share of equally original pieces of legislation.
  The first two nominees for "most original piece of legislation," which will likely be introduced as bills once the session begins Monday:

• A plan to allow local school districts that adopt corporal punishment policies to allow physical punishment (i.e. rulers) in public school.
• A plan to make the state's Open Records Act apply to text messages to public officials. This one actually makes a lot of sense: the KORA was written long before the first texters were even born and there's nothing to prevent ingenious, deceptive public officials from doing the public's business via their phones and pdas...)

   Don't worry. There will be other nominees.

Posted by David Klepper

Health care idea catching on in Topeka

   Sometimes a candidate's idea refuses to die even though the voters have dispatched the politician to the ranks of the defeated.

   A case in point is state Sen. Jim Barnett, an Emporia Republican who opposed Gov. Kathleen Sebelius in the November election and lost.

   A physician, Barnett wanted to expand health care coverage to more Kansans at an affordable price and suggested a system similar to a plan adopted in Massachusettes.

   Republican leaders in the Kansas Legislature are now embracing his health care reform.

   Senate President Steve Morris said today he is creating a health care task force and appointing Barnett to lead it. It will make recommendations for the legislative session than begins Jan. 8.

   It will be made up of five Republicans and two Democrats. Even the incoming House speaker, Rep. Melvin Neufeld, an Ingalls Republican, likes Barnett's proposal.

   The cornerstone of the Barnett plan was a "Kansas Insurance Connector" that would allow private insurance companies to offer affordable health insurance coverage to businesses and employees who cannot afford current plans.

   A business would make a voluntary pre-tax contribution to the connector, along with an employee match. The connector would then use this pooled money to attract low-cost, private insurance plans.

   In Massachusettes, this contribution was controversial because it was mandatory and not voluntary.

   Republicans want to put their stamp on this issue and show Kansans they can accomplish the goal of expanding health care coverage. Look for Sebelius to champion her own proposals when lawmakers reconvene next month.

Posted by Jim Sullinger

McInerney says nope to prosecutor gig and other Torch tidbits

   Former Assistant U.S. Attorney Pat McInerney was the early front-runner to be the next Jackson County prosecutor to replace Mike Sanders, who is expected beat in November less-financed foes. McInerney had the backing of important folks on the courthouse's second floor and even had the endorsement of at least one district court judge. He had the necessary telegenic presence, the experience and the Democratic connections. The Buzz was that Chief Deputy Jim Kanatzar would get the consolation gig of county counselor, where he could ably continue keeping Sanders out of hot water. Now, Kanatzar is the No. 1 possibility with a bullet.

   Torch Dinner hostest-with-the-mostest Beth Gottstein saw fit to place KC Buzz Blog next to McInerney. And the obvious question had to be asked. And the Blackwell Sanders partner forthrightly admitted without any Hillary Clinton puss-footing around that he was content at his current gig (read: ka-ching!) and has no interesting in moving his shingle to the courthouse again. So McInerney is out as a prosecutor candidate, but like most everyone else he wonders who will wind up on the blue-ribbon selection committee.

  Buzz Blog even moseyed over to the Sanders table to try and get a scoop from Women's Caucus VP Georgia Sanders while her hubby was off kibitzing with KC Councilman Terry Riley and others. She swore no decision on the prosector has been made (Mike would die if he knew what she did confide!).

  But other decisions were made last night before, after and during the Westin gathering. Expect to see Congressman Emanuel Cleaver politicking on behalf of Missouri House candidate Chris Moreno in his race against Republican incumbent Will Kraus.

   Cleaver got stuck in DC but sent his ever gracious and lovely wife Dianne to speak in person on his behalf. (He also sent taped comments that talked about the influence in his life of strong women and a precocious granddaughter as well as funny comments about how mean his three sisters were to him as a child.)

   Missouri Auditor Claire McCaskill got the first standing ovation last night. A late-arriving from Wichita Kansas Gov. Kathleen Sebelius also was well received, particularly when she offered up as an unexpected auction item dinner for six with her and the First Dude at the Governor's Mansion. Speaking of auction items, this is what happens when former Jackson County employee/former KC school board member Sandy Mayer allows hubby Bob to go to the Torch Dinner by himself. He successfully bid $1,000 for lunch with Her Honor, Mayor Kay Barnes.

   Barnes was wearing a lovely cream and apricot jacket (sans flower! and she wasn't one of the many people wearing stickers promoting the stem-cell initiative). The outgoing mayor (in perhaps her swan song?) spoke about past leaders, future leaders and being assured that the future is in good hands. Which all in all could have been the theme of a night where progressives partied like it was 1999 and certainly hope it will be again come the morning of Nov. 8.

Posted by DeAnn Smith   

Progressives belly up to Bar Natasha

   The cool after-party for the coolest Torch kids was at trendy downtown establishment Bar Natasha. Some progressives partied until after 1 a.m. today (yawn!).

   After working their skinny tushes off, 15th annual Torch Dinner of the Greater Kansas City Women's Political Caucus organizers Beth Gottstein, Tamara Morris and Jennifer Danemore had earned a relaxing drinkie (or two or....oh heck who was counting?!). Belting out songs and serving up drinks was Bar Natasha co-owner Missy Koonce (sporting her usual fabulous 'do thanks to Amber at the nearby IMIJ Salon).

    And this was a two-stater group. Among those gabbing were staffers for Congressman Emanuel Cleaver and Kansas Gov. Kathleen Sebelius, Kansas state Rep. Paul Davis, Missouri state rep-elect Mike Talboy, Jackson County Legislator-elect Theresa Garza and newly named Jackson County Drug Court Administrator Lisa Honn. Vying for the power couple at the soiree was Missouri state Rep. Beth Low and fiance, Brett Shirk, executive director of the area ACLU. Low was sporting an exquisite sapphire engagement ring and said the wedding date is set for October 2007 in Jeff City.

   But Gottstein, who manages to pull together the strangest of Democratic bedfellows, outdid herself when she got Missouri state Sen. Victor Callahan to head over afterward for a Diet Coke. And never short of a quip, Callahan regaled the group with his viewing this week of the second-floor mural at the Jackson County Courthouse. He had everyone in stitches while describing the pictures of Presiding Judge J.D. Williamson and, of course, his BFF county official, Executive Katheryn Shields. (There was muttering from others about the hiring of a NEW YORK CITY artist instead of a local one.)

   But Callahan saved the punch line for last. A common joke at the courthouse of late has been whether likely successor Mike Sanders seek donations to paint over Shields' picture come Jan. 2, and who will contribute.

  Callahan says wonder no more. He'll contribute all the money needed to buy the gallons of white paint to do the deed so that Sanders doesn't have to walk underneath Shields every day he shows up for work. He says he doesn't want the second floor scarred for perpetuity once Shields leaves. And, on a more serious note, he says the modern-looking mural doesn't fit in with the decor of the 1930s Art Deco building.

Posted by DeAnn Smith

Conservatives add notches in Johnson County

    Note to Johnson County moderates and liberals: You're losing ground.

    For the last two years, the moderate-conservative split within the county's Kansas House delegation has stood dead even at 11 to 11.

I   f Tuesday's primary election winners survive the November general election, conservatives will have a majority for the first time in decades -- 12 to 10.

   The most prominent losses for the GOP mod squad were Jim Yonally in Overland Park's 16th District and the capture of the 39th District by conservative Owen Donohoe of Shawnee. The district seat is currently held by moderate Ray Cox of Bonner Springs, who is retiring and didn't seek re-election.

   Of course, Democrats will be trying to trim back Republican numbers in the fall election. The party's efforts in the past haven't produced much. You have to go back to 1990 to find a lot of Democrats (5) winning House seats in Republican-rich Johnson County.

   There is currently only one Democrat, Sue Storm, in the county's House delegation.

   Democrats do have a couple of things that give them a little more hope this year: A strong governor candidate in incumbent Kathleen Sebelius and District Attorney Paul Morrison's bid to unseat the current AG -- Republican Phill Kline.

Also, look for Sebelius to work behind the scene to help a few of the Johnson County Democrats who have a decent chance of defeating Republicans in November.

   The hottest of those races, of course, is newly minted Democrat Cindy Neighbor versus Republican conservative Mary Pilcher Cook in the 18th District of Shawnee.

Posted by Jim Sullinger

Kansas lawmakers graded on support for higher ed

    Want to see how your Kansas legislator's grade on voting for higher eduction? A group that advocates greater support for the state's public institutions has released a report grading House members (all of whom are up for election this year) based on their votes for higher ed.

   The address is http://www.kansashighereducation.org/

Posted by David Klepper

It's raining money in Kansas

   Tax revenue flowing to Kansas' general fund jumped $47 million in June alone, a stunning leap.

   Hawver's Capitol Flash reports big June jumps in individual income taxes ($240.1 million, up nearly 12 percent over estimates) and, for the first time in a spell, sales taxes, up nearly 6 percent over the $143 million estimate.

   Bottom line: A series of solid revenue reports in recent months has resulted in a nearly $100 million bump over the April estimate for fiscal '06.

   All this comes at an opportune time. Lawmakers face big-time spending pressures next year.

   In other words, don't go looking for a tax cut anytime soon.

Posted by Steve Kraske

The man in black

  Here they are!  The complete lyrics to "I Crossed the Line" -- as written and performed by members of the Kansas Bar Association, one posing as Paul Morrison, Friday.

I keep a close watch on attorney Kline

He is a walking, talking land mine

You never know just what you're gonna find

Because he's Kline I crossed the line

His staffings never are a mystery

Anti-abortion is enough, you see

The state of Kansas always pays the fee

Because he's Kline I crossed the line

Abortion records end up in a fight

And adolescent sex just isn't right

He wants the courts to see the holy light

Because he's Kline I crossed the line

It's only if he purely shares your view

It's only then that he will meet with you

And open meetings is one rule he'll screw

Because he's Kline I crossed the line

Posted by Dave Helling 12:25 p.m.