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| Archived Newsletters |
February 14, 2010
THOUGHT FOR THE DAY: We believe in generations beyond our own. Temperatures are warming (at least somewhat) outside in Kansas and also “under the dome” in Topeka as we work against looming deadlines. For all but a few “exempt”committees, bills have to be out of the committee by February 17. They will then have to be adopted by the entire House or Senate by February 20th to remain viable this session. NEXT WEEK: So, next week legislative action turns from committee rooms to the floors of the House and Senate where state lawmakers will debate the bills that represent the work products of hundreds of hours by the various legislative committees. These issues will range from the smoking bans to specialized license plates and everything in between. Saved for a later day are the budget and revenue bills that will have to be tackled before lawmakers adjourn in May. THE SUPREMES RULE: The most significant news this week in Topeka came with the ruling from the Kansas Supreme Court, which denied a petition Friday from school districts seeking to reopen a 2006 school finance case. Attorneys for a coalition of 74 districts argued that Kansas is failing to comply with the court's earlier ruling that state aid to schools was unconstitutionally low. Plaintiffs expressed disappointment at the ruling, but said they would continue to pursue litigation at the district court level. SMOKING BAN SMOLDERING: The House Health and Human Services Committee had its greatly anticipated hearing this week on legislation (HB 2642) to establish a statewide smoking law that Governor Parkinson has labeled a “fraud” and promised to veto. The bill is patterned after an ordinance in Wichita that prohibits smoking in public places but allows exemptions for businesses that agree to pay $1 per square foot, construct a separately ventilated smoking area, and ban minors. Critics of H.B. 2642 said it also would “pre-empt” public smoking restrictions in at least 36 cities and three counties that have already passed their own local laws. Last year, the Senate passed a comprehensive statewide smoking ban measure and it was amended into H.B. 2221. That measure is strongly preferred by proponents of a clean indoor-air measure for Kansas in that it protects public health to a greater degree. It was not acted upon in the House last year but is seen as the clear alternative to the measure unveiled this week and most folks believe it will be the measure House members eventually consider when the issue sees House debate this session. I have had letters from many supporters of HB2221 and only a few detractors. The detractors position is that it is a personal rights issue and should be left up to the business owner and their customers and employees to decide if they wish to work/patronize that business. I have been on the fence as I certainly believe in the personal liberties and have seen some unnecessary erosion of those rights. On this issue however, I have concluded that the greater good from breathing clean air will come with the enactment of HB2221. Those communities with similar bans have found them to be well accepted. EDUCATION SAVINGS? With funding for public education a primary function of state government, and given the lower state revenues, all possible savings are given a careful look. This session the Legislative Post Audit (LPA) has been active in assisting lawmakers searching for savings. A recent state audit concluded that we could save as much as $138 million if school districts with less than 1,600 students were consolidated. Implementation of that scenario would reduce the number of school districts to 152 from the current 350. The recommendations are not binding. While we sometimes see the need, I do not think there is the political will to implement the LPA’s recommendation. Perhaps further incentives for consolidation would pass muster. The harsh reality is that consolidating districts as suggested puts less money into rural Kansas for an education arena that has already been cut to the bone. Only closing school buildings saves significant moneys and then it often requires a new centrally-located facility. Stay tuned as this is a fluid area and more proposals will be floated. GAMING UPDATE: Members of the Senate Federal and State Affairs Committee heard the “other side” of re-opening the state’s recently enacted gaming law as opponents to S.B. 401 testified this week. Economic development officials from Sumner County testified that allowing a second vote on slots at the Wichita Greyhound Park could jeopardize the 800 or 900 jobs that a Mulvane Casino is likely to create. The measure would not only allow for a second vote on slots in Sedgwick county, but would also let racetrack owners keep a larger percentage of the slot machine revenue than current law provides. Opponents from Wyandotte County also appeared at the hearing, including the Kansas City, Kansas Chamber of Commerce. They expressed concern that re-opening the gaming question would jeopardize the casino project recently approved for the development adjacent to the Kansas Speedway. The Committee took no action on the bill. GOVERNOR’S RECISSION BILL ADVANCES: H.B. 2222, which enacts the cuts recommended by Governor Mark Parkinson to accompany the reductions in spending he ordered in November, has now passed both chambers and is being negotiated by a joint House-Senate conference committee. The bill makes a number of statutory adjustments but still leaves the current fiscal year with nearly $40 million in red ink. Lawmakers made a modest number of adjustments from what the Governor originally outlined. One substantial change in the House was the imposition of 5% salary cuts for state officers which includes the Governor, Judges and nearly every “state officer, including legislators. I fully support cuts to the legislature that at least mirrors the draconian cuts we are making elsewhere. My thoughts would be in the fifteen percent range. Meanwhile, budget subcommittees are working early mornings and late afternoons combing through every single state agency as they review all budgets for fiscal year 2012. Those individual budget recommendations will be bundled together in the legislature’s “mega” budget measure in March, followed by the “omnibus” budget measure in late April. At this point some in the House are promising deep cuts in these budget measures, while the Senate is taking a more measured approach with about $100 million in less revenue for FY 2012 than what the Governor’s budget recommended. My guess is that no budget and no revenue enhancement will occur until after the April recess when fresh revenue projections are made.. At that point, pressure will be so great to resolve the impasse that we will come to agreement. No one said it would be easy and in this case, patience is a virtue. SERMON IN A SENTENCE: Sometimes, there are no answers… CONTACT ME: I remain committed to looking after Dickinson and Morris Counties, the state and all my constituents, and will continue to do my best. It is an honor to serve as your Representative. If you have any questions or concerns, budget or otherwise, please contact me. Representative Tom Moxley 68th House District (Dickinson and Morris Counties) 785-296-7636
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