Pre-Wrap Up Report

This is my report to you following the end of the general business Session of the Kansas House of Representatives. It is a good time to advise what the Legislature has done so far and what business remains to complete before final adjournment.

A. Where we are now. As of April 4, 2003, the House and Senate adjourned until the wrap-up session (often called the veto session) which will begin April 30, 2003. Most of the bills which were considered by the Legislature this year have been passed (subject to a veto by the Governor), killed or be held for consideration in 2004. On April 30, we will begin the wrap-up session.

B.  What we have yet to do. The wrap-up session is the time we consider how to pay for the spending package we have already passed, but it is not limited to that. Anything can and is open for consideration during the wrap-up session. Items which will be considering during wrap up session are:

**  How to fund the budget
**  Balancing the Budget
**  School finance
**  Slots / Casinos
**  Sunday sales of liquor
**  Taxes

The House and Senate passed an agreed upon budget not substantially different then the Governor's budget. Sadly, such budget did not include any form of increase in school funding. This budget also cuts seniors and other social services drastically and left K-12 school funding at the same level as after Governor Graves cut $27 from the school Base. I did not vote in favor of this budget.

Health Midwest Settlement (SB44)

In 2002, Health Midwest, announced that it was being sold to a large corporation in the east. By law, this meant that hundreds of millions of dollars should  be paid to Kansas for those who cannot readily afford health care. But by the end on 2002, Missouri had announced that Kansas would not receive what it was due, that Missouri would manage the Kansas money and Kansas had given up. In January, the new legislature said *NO*, passed SB 44,  directed Attorney General Phill Kline to litigate the interests of Kansas vigorously, to settle for it*s fair share of the proceeds and to bring the money to Kansas to be controlled by the communities in need. As a result, Kansas will receive 20%, or approximately $120,000,000 to be controlled by a board of many Kansans. This will be one of the biggest accomplishments of the 2003 session.

DUI Auto Impounding

This will get their attention! Because of the continued problem of drunk drivers, we passed SB 33. This law will authorize a judge to impound a person's motor vehicle as a penalty for conviction of driving under the influence of alcohol or drugs. A person convicted of driving under the influence would be responsible for payment of any associated expenses before the vehicle would be released. If payment is not made, then the vehicle could be disposed of or auctioned.

Defective Residential Construction  (HB 2294).

A majority of home builders are professionals in their trade, but we hear of too many bad builders who avoid their responsibility to address call back items. We passed HB 2294, which sets forth civil procedures relating to the filing of residential construction defect lawsuits for residential properties.  The bill contains extensive requirements and deadlines for notices between the claimant and the contractor to the subcontractors concerning various aspects of the process along with statute of limitations provisions. There is now a set procedure for buyers and builders to follow in residential construction disputes.

Drug Courts.

Because my survey indicated overwhelming support, I voted for  SB 123 which makes changes in the criminal law relating to penalties for possession of illegal drugs and the by establishing a non-prison sentence and certified drug abuse treatment, where no other crime is involved, such as dealing drugs, burglary, theft, etc. The substance of the law  passed, but the funding necessary to implement it is not present now.

Abortion Clinics. HB 2176 - The Governor vetoed this bill, I doubt if an over ride will be successful

would establish standards for the operation of abortion clinics. The law would specify standards and in fact, anticipates the adoption of health standards drafted by Planned Parenthood, for patient areas, private areas, surgical areas, and recovery; use of anesthesia and use of intravenous procedures; physicians and medical directors must be licensed; emergency resuscitative and life support equipment and procedures; and  maintenance of clinic records.

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Earlier this year, I e-mailed a survey to constituents, a summary of the results follow. To see the complete survey questions, and the results, click, http://www.dougpatterson.org/newsletter/2003/2003-03-17:

 *  Would you support a 20% property taxes increase for education? YES:    25%              NO:  73.15%                         UNCERTAIN:  1.85%     

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THE BUDGET AND FUNDING
The Governor's Plan v. The G.O.P. Plan
Smoke & Mirrors vs. Responsible Cash Management

As of March 7, 2003, this year's ending balance will be short at least $105 million and next year looks to be short approximately $125 million. Since Kansas cannot maintain a negative budget from year to year, we must end each year with at least a zero balance, and hopefully a reserve, otherwise known as the "rainy day" fund. There is no money in the reserve now. As long as the State can (1) pay ongoing obligations from a cash flow point, and (2) end each fiscal year without a negative balance, we are legal - not the best policy - but legal. This means timing is everything.

In order to balance the FY2003 and FY2004 budgets, the Governor proposed to accelerate the 2nd half of real estate tax payments from June 20 to May 20, so as to make sure such revenue is received before the end of the fiscal year. Also, she proposed to borrow $175 million payable over 15 years at an annual cost of up to $23 million per year assuming interests rates don't increase above 3.67% over the next 15 years. This mortgages the future for the financial problems of today.

Last week the Republicans introduced a plan I believe represents responsible cash management. In order to balance the 2003 and 2004 budgets, the Republican Plan calls for deferring a $200 million school payment from June 16 to July. This same delayed payment occurred last year, and many of the schools are agreeable to this. This gets us balanced in 2003 with a $100.4 million ending balance reserve. In 2004, income tax refunds will be delayed by approximately 14 days if filers are late filing their returns. The ending balance in 2004 is projected at $67.9 million. For the Republican budget the Base in school funding will be increased by $27 per student ($14.5 million), the Kansas Board of Regents Research Initiative Debt Service (university research) will be funded $10 million, SRS and Aging caseloads will be increased $60 million and funding for the Comprehensive Transportation Plan will be restored.

The Republican Plan is superior, yet both plans have been characterized as smoke and mirrors.  I hesitate to do so. Budgeting our households, businesses or the State in a responsible way is a process of planning expenditures around anticipated income as the Republican plan does - not swiping a giant credit card and leaving $175 million for our children and grandchildren to pay for over 15 years as the Governor*s plan required.

 WHY I ENDORSED BV SCHOOL BOARD CANDIDATES

In case you really don't know me too well, let me explain my position on education. My commitment to seek more money for teacher salaries, lower class sizes and to fund education cannot be questioned. During my 3 years as a member of the Kansas House I have voted for, carried bills and offered amendments on all bills which raised the Base, freed up reserves and voted for every tax to further fund education. The votes in the House supportive of funding our teachers and to reduce classroom size just haven't been in the majority. In the primary last year, I was endorsed by Gov. Graves and Rep. Lisa Benlon because of my stand for adequate funding for teachers and classrooms. I was elected by all Johnson County Senators and Representatives as the Delegation Chair. That wouldn't happen if I didn't support funding increases for schools. But I am frustrated at certain members of the BV and SM school boards. Here's why and here's why I signed on to the letter supporting candidates in the BV school board races.

 I am and for a long time have been frustrated with the involvement of SM and BV schools in the Kansas Association of
School Boards (KASB). It's all about that question of, "do we owe all students in Kansas a 'suitable' education or an 'equal'
 education". While walking my  District 28 for two elections now,  my constituents expect the state to provide all students in Kansas with a 'suitable' education, but up and  above that, parents in BV and SM expect to be able to raise local funds, with those funds staying here at home to provide our children the quality  education we want them to have. True, such a well funded BV and SM education would be superior to the 'suitable' education provided state wide. You see, we want to keep more of our money at home and in our own schools. I take the position that Johnson County will help pay for a suitable statewide education program, but then we will help our own with more local funds. If certain communities won't help themselves, then why should we send more of our money there? That's the rub. Such a position stands for everything KASB and the KNEA (Kansas teachers union) opposes.

     * KASB opposed our 1/4 cent sales tax passed by the voters of Johnson County and is supporting the lawsuit filed to hold our election and tax as void and illegal. 

      * KASB has  announced it's  opposition to our bills to free up the Capital Outlay Fund maintained by BV and SM. Such reserves are a red herring. The bill would have freed up $14,000,000 for our two school districts.  Serious money...money desperately  needed for teachers, nurses and programs.

      * KASB and KNEA also oppose the Local Option Budget tool of local school finance enhancement.

      *KASB is  outspokenly against these important things that you, I, and patrons of Blue Valley and Shawnee Missions schools stand for in funding our children's education.  Why are our school boards affiliated with them? 

      *  But get this, BV and SM  have two elected school board members sitting on the board of KASB. That*s terrible, evidences poor judgment and is an impediment for those of us in Topeka  seeking to fund education when our very own school board affiliation in KASB is part of the problem. As the old adage goes, *You are known by the company you keep.

In a different world, maybe it would be a good idea for Topeka to stay out of school boards and vise-versa. But we are here and now, and that's just not the way it works. School boards work hard to pass laws in Topeka, so legislators, like me, have an interest in school board members who are pulling 100% with us too. BV and SM maintaining an alliance with KASB sends out-state legislators all the wrong signals.  That's why I got involved. I regret, however, the one sided rhetoric and spin that was presented to the public in local media. Our schools are my priority!

                                                                                                           ep. Doug Patterson

PS: I will be e-mailing reports out during the Wrap-Up session. Please e-mail me at Patterson@House.State.ks.us.

Rep Patterson e-mails out regular Legislative reports to those on his e-mail address book. To receive these reports, or to e-mail with a question, use: PATTERSON@HOUSE.STATE.KS.US. Also see
WWW.DOUGPATTERSON.ORG for a report on all bills considered as well as voting record.
                                                                                                                                  

                                                                                                                            

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Paid for by the Committee to Elect Doug Patterson, Dave Imhoff, Treasurer