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House approves $14.3 billion state budget; Senate to vote next

TOPEKA – After a swift half hour debate, the House approved the state’s $14.3 billion budget this afternoon. The 80-35 vote sets the stage for the Senate to vote on it and, after a few more bills move through, end the legislative session in its 99th day.

The budget adds $40 million in education funding, which is less than the Senate had sought. It didn’t include the property tax relief that many members wanted.

But the budget would leave the state with a 7.5 percent ending balance. Many suspect that could be eaten up by the massive income tax cut Gov. Sam Brownback is poised to sign this week.

Rep. Marc Rhoades, R-Newton and the House’s chief budget negotiator, said that because the Senate wouldn’t accept a milder tax-cutting plan, the state has less to spend on education and other services.

He said the plan that the Senate declined to debate would have freed-up about $150 million more for education. Rhoades said, like Brownback, he expects the tax cut to help boost the economy and create jobs. But he said it might take a few years, and that trimmed the amount he was willing to spend this year.

The budget represents a .7 percent increase in state general fund spending, but it’s about a 3 percent drop in overall spending, largely because of reduced spending on unemployment as a result of an improving economy.

Overall, the bill authorizes 38,843 state employees – or about 307 less than last year’s budget.

Rep. Tom Burroughs, D-Kansas City, said the budget didn’t include enough property tax relief or funding for welfare programs to take care of the state’s neediest.

“We are operating like a business,” he said. “But sometimes the way business acts is not compassionate.”

Rhoades said the state has to address a wide variety of social services and has to spread that money to many agencies for mental health care, food for low-income residents and other services.

Republicans strongly backed the budget because it left an ending balance and generally held spending down.

“I think we have a good budget for the state,” Rhoades said.

It includes about $700,000 for the arts, which is now being reorganized as a creative industries commission. It also has about $1 million for Wichita’s aquifer recharge project that takes water from the Little Arkansas River, purifies it and pumps it into the Equus Beds aquifer for municipal water use.

The budget also includes $5 million to subsidize low-cost air service, mostly at Wichita’s Mid-Continent Airport.

Lawmakers back in Statehouse this morning for budget vote

After negotiating budget details throughout the night Saturday, lawmakers will return to the Statehouse this morning to vote on a $14 billion state budget and try to work through a few more last-minute bills.

The state’s budget contains about $40 million in additional funding for schools, less than many lawmakers wanted but more than initial proposals by the House.

Meanwhile, some are trying to work through last minute legislation relating to esoteric segments of antitrust law.

Lawmakers expect today’s session, which begins at 10 a.m., to be the last of the year. It comes after a grueling 98 day session that highlighted the divide between moderate and conservative Republicans.

House and Senate leaders needed only to approve a state budget and new political boundaries during this year’s session. But their focus was trained on a wide-variety of issues, including income tax reductions, Medicaid reform and changes to the state’s pensions system.

Their failure to agree forced them to extend the usual 90-day session into a 99th day. House and Senate negotiators finally agreed on a budget at 11:30 Saturday evening, and leaders intend to leave their duty to draw new political boundaries once a decade up to the courts because of political infighting that has left the legislature unable to agree on a set of maps.

 

Brownback offers massive deal to end session; Senate rejects it

TOPEKA — Gov. Sam Brownback offered the Senate a massive deal that would give the Senate the education funding and budget proposals it wants in exchange for a batch of redistricting maps, education policy changes and a tax-cutting bill that is more modest than the one sitting on the governor’s desk.

“The governor thought it was a fair compromise on all the important issues before the legislature,” said Brownback’s spokeswoman Sherriene Jones-Sontag

Senate President Steve Morris declined the plan. He said the Senate isn’t comfortable with the tax-cutting proposal because it could tank the state’s budget within a few years. Morris said the courts will likely decide how Kansas political boundaries are redrawn because lawmakers can’t agree on a map.

Brownback’s proposal would provide $77 million in additional education funding, an amount the Senate supports. But in exchange Brownback requested the Senate adopt several policy changes.

The proposal also would have required the Senate to approve a negotiated tax-cutting plan that would reduce individual income tax rates to 3 percent on the first $30,000 of income for married couples and 4.9 percent on earnings beyond that. The plan would have also phased out taxes on nonwage income of thousands of businesses. The proposal also included money for property tax relief.

 

 

Senators pitched last-minute tax cut alternative; Brownback said to be uninterested

TOPEKA — A group of four moderate Republican senators proposed a new tax-cutting proposal that aims to give Gov. Sam Brownback an alternative to the deficit-producing tax bill awaiting his signature. But Senate leaders said Brownback was not interested.

Sens. Terrie Huntington, Jeff Longbine, Vicki Schmidt and Pete Brundgardt crafted the plan and brought it to Brownback, according to three senators.

Huntington confirmed the effort. But she said the Governor “was not interested.”

Senate President Steve Morris, R-Hugoton, said the proposal was slightly more aggressive than an alternative he and other Senate leaders proposed earlier this week. That plan was quickly rejected by House tax negotiators.

Morris said the proposal would have cut rates to 3.1 percent on married couples’ first $30,000 of income and 5.65 percent for income beyond that. It would have eliminated nonwage income tax on the first $100,000 of profits made by limited liability companies, subchapter S corporations and sole proprietorships.

“That was turned down,” Morris said.

Morris said he doesn’t expect any more efforts to produce an alternative to the bill awaiting Brownback’s signature. And he urged Brownback to veto the bill.

Brownback has already said he will sign the massive income tax reduction bill, which reduces rates for individuals and eliminates taxes on nonwage income for about thousands of businesses large and small. But Brownback continues to signal that he would prefer a compromise that phases the cuts in to ease the impact on the state’s budget.

Earlier this week, House negotiators quickly rejected three tax cut bills proposed by Senate leaders.

The plan awaiting Brownback’s signature would create deficits within a year of its implementation, and those projected deficits would grow into the hundreds of millions, forcing the state to drastically cut services unless the tax cuts produce an economic boom.

Brownback’s administration projects the tax cuts could create 23,000 new jobs on top of natural growth by 2020. But Democrats and moderate Republicans doubt those projections will be realized, and they say Kansans want property tax reduction more than income tax cuts.

The Senate balked at two other negotiated plans that would not produce deficits as large as the bill on Brownback’s desk. They’ve said that’s because even those cuts are projected to produce deficits according to analysis that does not include projected savings from the Governor’s Medicaid overhaul.

Check back for updates.

Brownback says negotiated tax plan would have been better

Brownback after rallying House Republicans this morningTOPEKA — Gov. Sam Brownback advocated for weeks for the House and Senate to approve a phased-in set of income tax cuts, but instead he got a package that drops rates for individuals immediately and eliminates the tax on nonwage income for thousands of businesses.

Today, he rallied House Republicans and later said that he thought the negotiated plan was “a better path overall.”

But he held out little hope that a new plan will emerge, despite ongoing deal-making going on in the Capitol today.

“We’re at the end. We’re past the time the session ought to be wrapped up,” said Brownback, dressed in blue jeans and button-up shirt for what many expect to be a marathon session today. “It needs to wrap up today, so let’s move on forward.”

Brownback said it’s too early to tell how much — if any — lawmakers will have to cut the budget next year as a result of the tax plan, which state analysts project will cause hundreds of millions in cuts year after year.

“I think we’re going to be in good shape,” he said, noting better than expected growth this year.

But that’s the opposite of what moderate Republicans and Democrats predict.

“We are not in the business of bankrupting the state of Kansas,” said Senate Minority Leader Anthony Hensley, D-Topeka. “And if he signs that bill, that is a fiscal Armageddon.”

House Minority Leader Rep. Paul Davis, D-Lawrence, said the state probably shouldn’t increase education funding and other services this year since it would just be quickly cut next year if Brownback signs the tax bill.

“There’s just simply no way we can grow our way out of the deficits this tax plan will cause,” he said.

 

As session draws near an end, deals abound

TOPEKA — House Republicans this evening laid out three major budget deals that could dramatically alter the outcome of this year’s legislative session. And they’ve given Senate negotiators about two hours to decide if they want to make a deal.

“Our offers are good for only tonight,” said Arkansas City Republican Rep. Kasha Kelley.

“We’ll just let you know when we’re ready,” said Sedgwick Republican Sen. Carolyn McGinn.

The proposals represent a high-stakes climax as the session grinds near an end. Meanwhile, Gov. Sam Brownback has on his desk a massive tax-cutting bill that he has said he will sign if an agreement isn’t worked out. That bill would force the legislature to cut hundreds of millions in spending for years to come, a move moderate Republicans and Democrats say could devastate core state services.

Under one scenario, the House and Senate would agree to approve a negotiated tax-cutting proposal that the Senate today essentially rejected, sending it back to a committee for further debate as the clock runs out. In exchange, the milder tax plan would free up additional money for education, a top priority for moderate Republicans in the Senate. But it comes with a catch. The Senate would have to approve a set of education policy recommendations that Gov. Sam Brownback has advocated for.

Those education policy changes include reclassifying some school funding money so that courts, which are likely to rule whether the state provides adequate funding, would take into account more funding categories than it has in the past. Another move would change how school districts calculate at-risk students, which has an impact on funding districts receive based on how many low-income or English as a second language students they have.

A second scenario would give the Senate the $74 per student funding increase it has sought along with equalization money for property-poor districts in exchange for the policy changes.

And a final package would ditch the education policy and funding increases, leaving schools with a smaller increase while advancing a technical education initiative sought by Brownback.

Whatever they decide would have to be voted on by the House and Senate, most likely Saturday morning or early afternoon.

 

 

Dillmore challenges eligibility of opponent, Whitmore

TOPEKA — Wichita Democrat Rep. Nile Dillmore objected today to the eligibility of Republican John R. Whitmer to run in the 92nd House district, which includes the Riverside neighborhood in Wichita.

In an e-mail to the Secretary of State’s office, Dillmore said Whitmer lists his address on N. Faulker Avenue in the district, but he says voter records show he lives on Forestview Court in District 94 in west Wichita.

Whitmer said that he closed on a house on Faulker Avenue about three weeks ago and is finishing up his move-in. He said he recently changed his voter registration address and is eligible to run against Dillmore.

Whitmer, who operates a convention and events company called KanCon, said previously lived in Riverside before moving to west Wichita.

Dillmore has represented the 92nd district since 2001 and is the ranking minority member on the House taxation committee.

Brownback looks forward to signing massive tax-cutting bill

TOPEKA — Gov. Sam Brownback said this afternoon that he looks forward to signing a massive tax-cutting bill now that the Senate has sent a milder tax reduction bill back to a committee for more negotiation.

Brownback said he is disappointed that the Senate didn’t debate and vote on the alternative bill as the legislature nears the end of a grueling session that has run about a week longer than expected.

“I look forward to signing the bill on my desk and I call on legislators to finalize their work on the budget based on the enactment of Senate Sub. for HB 2117,” he said. “The legislative session needs to conclude.”

The Senate today voted 21-18 to the push back the alternative to the deficit-inducing tax reduction bill on Gov. Sam Brownback’s desk.

But it quickly became clear that conservative Republicans aren’t interested in more negotiation after months of pushing for tax reform.

St. Marys Republican Rep. Richard Carlson, who has represented the House in negotiations, said he doesn’t plan to negotiate more and he encouraged Brownback to sign the bill on his desk today. Brownback said he will announce a bill signing ceremony sometime next week.

The bill on Brownback’s desk cuts individual income tax rates and eliminates the tax on profits earned by about 191,000 companies in the state. The bill, which Brownback had said he will sign if an alternative doesn’t reach his desk, would force the state to make hundreds of millions of dollars in cuts to services in coming years if it doesn’t generate enough economic growth to replace the lost income tax revenue with sales and property tax money generated by new jobs and new residents.

Democrats and moderate Republicans doubt that’s possible, and they’ve called the bill irresponsible.

Wichita Republican Sen. Les Donovan, who has been at the center of the tax debate for months, said he felt the altnerative plan was responsible and would benefit all Kansans. He also said he thinks Brownback should not sign the other bill because of the impact on the state budget.

“This is a sad day in the history of this chamber and this state,” he said.

Senate President Steve Morris, R-Hugoton, was among 21 moderate Republicans and Democrats to vote in favor of reopening negotiations.

“We are asking for a responsible tax package that addresses the concerns of a large majority of Kansans while leaving room in the budget to restore cuts to classrooms and public safety, he said in a statement. “If we do not show good faith and restore cuts to education, the courts may certainly require us to add money to education this summer.”

Topeka Democrat Sen. Laura Kelly referenced projections that show even the alternative tax plan could cause deficits, despite initial projections that showed it would leave the state with a surplus through 2018. New projections produced for lawmakers exclude about $350 million in projected savings as a result of Medicaid reform and add money for increased education funding.

With those factors combined, the alternative plan would cause a budget shortfall of $42 million in 2015 that grows to $1.5 billion by 2018. (Read more about that here.)

The Senate approved that plan in a 29-11 vote in March after initially voting 20-20 to kill it. Several senators said they only changed their vote after Brownback’s administration pleaded with them to approve the bill so that the Senate would have a position to negotiate from in a committee wtih House members who had approved their own tax-cutting plan.

But when the House heard the Senate would kill a negotiated plan that emerged, it quickly voted the deficit-inducing proposal out and sent it to Brownback, who said he would sign it if a new proposal didn’t emerge.

Sen. Carolyn McGinn, R-Sedgwick and chairwoman of Senate Ways and Means, said that lawmakers will have to make significant budget cuts if Brownback signs the bill. McGinn said she initially voted for the bill to start negotiations with the House. She said she hopes the House will reopen negotiations on a more responsible plan.

A group of former Republican lawmakers, called Traditional Republicans for Common Sense, immediately urged Brownback to veto the bill.

“The governor has taken us to the financial cliff and only he has the ability to stop us from going over,” said former Assistant Majority Leader and former chairwoman of the Republican Party  Rochelle Chronister. “This is not a game. The magnitude of this bill cannot be overstated and the impact that it will have on our communities and schools will be real and unforgiving.”

 

 

Prepping for court fight, House and Senate pass more redistricting maps

TOPEKA — Preparing to take their months-long redistricting battle to federal court, Republican Senate moderates and Republican House conservatives passed district maps they hope will beat their rivals before a three-judge panel that will open the case on Monday.

The senators passed a map called “Buffalo 30,” which favors moderate Republican incumbents over GOP conservatives, who control the House and the governorship and have announced plans to try to take control of the Senate.

The House turned its attention to the congressional districts, passing a map that splits the Democratic stronghold of Lawrence and strengthens the GOP’s chances of holding all four of Kansas’ seats in Congress.

The Buffalo 30 map is the second map senators have passed. With virtually no chance in the House, it was designed to give the Senate the strongest possible map for the coming court case.

The map has major implications for south-central Kansas Senate races.

It puts both Sen. Ty Masterson, R-Andover and Sen. Steve Abrams, R-Arkansas City, in the 16th District, which could mean a head-to-head battle between two prominent Senate conservatives in the August primary.

The map also carves conservative Rep. Brenda Landwehr, R-Wichita, out of the 25th Senate District, where she has announced plans to challenge moderate Republican Sen. Jean Schodorf.

The map also leaves Wichita businessman Gary Mason out of the 31st Senate District. Mason plans to challenge incumbent Sen. Carolyn McGinn, R-Sedgwick and has said he will move to run against her if necessary.

Along with most of the conservatives in the Senate, Masterson and Abrams both criticized the map during the floor debate.

Masterson accused Senate redistricting committee Chairman Tim Owens, R-Overland Park, of pushing for a map similar to one he had once considered unacceptable.

Chuckling, Masterson likened it to a running gag on Saturday Night Live in which the late Chris Farley would open embarrassing celebrity interviews with the line “you remember when you said…”

“That (earlier map) was obviously gerrymandering, you remember what your response was to that?” Masterson asked Owens. “’That wasn’t serious, that was a conversation starter,’ well here’s the conversation and it’s a serious conversation … It’s ironically right in front of us now.”

Asked if he wanted to respond, Owens drew laughs in the chamber when he deadpanned “I have no comment, unless he’s referring to me as Chris Farley.”

After having failed multiple times to get one of his maps passed, Abrams didn’t seek a vote on a version the House had approved.

He said he repeatedly tried to draw maps that didn’t create incumbent vs. incumbent matchups and made numerous changes to accommodate critics.

“I have not much doubt what the outcome is going to be,” he said. “To that end, I think I will just have a seat and just say we know where it’s headed and I would suggest we just get there as quickly as we can.”

The Senate’s first district map, called “Ad Astra Revised,” was rejected by the House.

House members complained that the population deviations from district to district in the Ad Astra map were too large. They passed an Abrams-drawn map instead.

Population deviation is generally an important factor for courts considering redistricting plans, because the purpose is to account for population changes and equalize representation across the state.

Buffalo 30 gives the Senate leadership and majority a map with smaller deviations.

The Legislature is required to redraw the House, Senate, congressional and state Board of Education districts every 10 years.

With the House and Senate deeply divided, the decision is now destined for the courts, although there are differing opinions on whether state or federal courts will make the final call on the state offices.

The court review begins Monday with motion hearings at the Kansas City federal courthouse, where Johnson County Republican precinct committeewoman Robyn Essex has filed suit against Secretary of State Kris Kobach.

Kobach, a former chairman of the state Republican Party, is closely linked to the conservative faction of the GOP.

In court papers filed his week, Kobach recommended the court choose from maps that have made it partway through the Legislature, or let him draw the maps.

Two Johnson County resident, Benjamin D. Craig and Larry Winn III, filed to intervene in the case on Friday. According to their filing, they have both been active in local politics and fear that some proposed maps would leave their rapidly growing county under-represented.

The three-judge panel on the case will include two Kansas district judges, Chief Judge Kathryn Vratil and Senior Judge John W. Lungstrom, and Judge Mary Beck Briscoe, chief judge of the 10th Circuit Court of Appeals.

Vratil and Lungstrom were appointed by the first President Bush; Briscoe was appointed by President Clinton.

Kathryn Vratil is Senate President John Vratil’s ex-wife.

Sen. Vratil, R-Overland Park, is a leader of the Senate’s moderate Republican faction.

While the Senate worked on its own districts Friday, the House passed a new map for congressional seats.

Under the new map, dubbed Kansas Six, east Lawrence would be part of a west Kansas district and west Lawrence would be part of an east Kansas district.

The House’s original map, rejected in the state Senate, had split Topeka in much the same fashion, with the east side of the city going to the western district and west Topeka in the eastern district.

The new map passed with the barest of majorities, 56-54 with 15 members absent or not voting.

The districts in the proposed map are considered favorable to incumbent Republicans who now hold all four seats in the congressional delegation.

During floor debate in the House, it was revealed that the sitting Congress members had reviewed the maps, although it was not made clear how much influence they had over the drawing of their districts.

The primary objection to the new map was that it dilutes voting strength of moderate- to liberal populations in Lawrence, hometown of the University of Kansas.

East Lawrence would be at the end of a peninsula linking it to the 1st Congressional District, which includes all of western Kansas and is dominated by conservative Republicans.

West Lawrence would be part of the 2nd District, which is now held by Republican Rep. Lynn Jenkins, but is considered more of a swing district and sent Democrat Nancy Boyda to Washington from 2007 to 2009.

Rep. Barbara Ballard, D-Lawrence, said her city and her party are being treated unfairly by Republicans, who want to dilute the Democratic vote and cement their control over the congressional delegation.

“We know that underlying agenda is there,” she said.

Rep. Lance Kinzer, R-Olathe, who carried the bill on the floor, acknowledged that the main reason to pass another map was to strengthen the House’s hand in the coming court case.

Splitting a city was necessary to balance populations among the districts, Kinzer said.

He said Lawrence being part of two districts could benefit the area because two congresspersons would need to pay attention to the city.

“Actually there is a real benefit to being split,” Kinzer said. “Having more representation on balance … can be a positive thing.”

House votes to criminalize DUI test refusals

TOPEKA – After a lengthy discussion of constitutional rights, the House has approved a bill that makes it a crime for suspected repeat offenders to refuse a drunk-driving test.

The same bill would also allow first-time DUI offenders and those whose licenses are suspended for other reasons to use small motor scooters to get around.

Under Senate Bill 60, drivers with a DUI conviction or prior refusal of a DUI test would automatically be guilty of a misdemeanor if they refuse a test. The penalty would be the same as for a DUI conviction.

The House passed the bill 103-13, but not without some concerns expressed by members that it “tramples” the right to remain silent when accused of a crime.

Rep. Sean Gatewood, D-Topeka, said he’s seen many drunk driving crashes and the harm they cause working as a firefighter and paramedic.

But he said he was not comfortable with making it a crime to refuse to take a breath or blood test.

“These are American citizens and they have the right to remain silent, which this bill sort of tramples on, because if you just stand there silent … then you’re a criminal,” Gatewood said. “You have your 4th and 5th Amendment rights … and I just think there is no greater ridge to stand on than the Constitution of the United States.”

Gatewood proposed to send the measure back to a House-Senate conference committee for further work, but that motion died on a 23-88 vote.

Rep. Pat Colloton, R-Leawood, who carried the bill on the floor, acknowledged that its impact on constitutional rights was an important issue, but on balance she supported it.

She said courts are being clogged with repeat offenders who refuse the DUI test and take their chances with a jury.

“The district attorney and county attorney association said the No. 1 use of their attorneys for jury trials were on DUI refusals,” Colloton said. “It was using a tremendous amount of manpower throughout the state for jury trials on those people who had multiple convictions for DUI and were smart in refusing to have a DUI test.”

“The alcoholic was well aware of the tactic of refusing and we wanted to stop that,” Colloton added.

Some lawmakers said stopping drunk drivers outweighed the constitutional questions.

“I would gladly walk the line, breathe into the tube and draw my blood if it would get repeat drunk drivers off the road,” said Rep. Bill Otto, R-LeRoy. “This is about people who are killing people.”

“This is not about constitutional rights,” he continued. “What about the constitutional right to life, liberty and the pursuit of happiness? (a phrase from the Declaration of Independence, not the Constitution) When you’re killed by a drunk driver, they’ve deprived you of your life. Death penalty, when you did nothing wrong.”

Senate Bill 60 also includes a Wichita judge’s idea for giving motorists with suspended licenses a way to get around without driving.

The provision allows drivers with a single DUI or multiple suspensions for unpaid tickets or other issues to obtain a special license that would allow them to operate what the law calls “motorized bicycles.”

The main problem is that many people whose licenses are suspended still need to get to work, and in parts of the state without public transit, have no choice but to risk driving without a license, said Sedgwick County District Court Judge Phil Journey.

Journey proposed the provision when he was a state senator and who testified in support of it this year.

The problem is especially acute for low-income workers who lose their license because they can’t afford to pay a fine. They get caught multiple times and the penalties keep escalating, Journey said.

It’s costly for them and for taxpayers, who have to pay for multiple prosecutions and in some cases, jail time, Journey said.

The definition of a motorized bicycle includes mopeds and scooters of less than 50 cubic centimeters of engine displacement, less than 3.5 horsepower and automatic shifting. Such bikes usually weigh 180-200 pounds and can only go about 30-35 mph.

“The odds of getting hurt by someone on a moped are pretty slim,” Journey said.

Other provisions of the bill would:

• Require cities to turn over money from enhanced DUI fines to the state. Last year, the Legislature added $250 to DUI penalties to fund community corrections. About 40 percent of the DUI prosecutions are done in city-run municipal courts and the cities have been keeping the extra fine money because last year’s DUI law didn’t specify they had to give it up.

• Allow first-time DUI offenders to drive their employers’ company cars without an ignition interlock required on personal vehicles. The interlock prevents operation of the car unless the driver can blow a clean breath sample into the device.

The bill is expected to go to the Senate on Friday, where it is expected to pass easily.