Introduction to the Legislature

2004 theme and School funding position:

 Keep more of our school tax dollars here at home in our schools

(p.s. -  that isn’t too popular up here) 

January 29, 2004

Dear Leawood and Overland Park  Friends:

The Kansas Legislature started the 2004 Session on January 12^th.  This will be a difficult session.  The state=s budget is in the red. In addition, a Shawnee County District Judge has thrown out the way we fund schools and has told us we need to raise One Billion Dollars to fund schools. Worse than that he has indicated that he seriously questions any tools used by school districts to raise funds locally to stay here locally. This even puts in doubt the 1/4 cent sales tax we in Johnson County approved in 2002 for our local school districts. Then the Governor has suggested a set of tax increases (property tax, sales tax and income tax) which would raise taxes over $1.5 + Billion over five years.

The Governors tax increase (called “Education First”) will:

1.         Increase sales taxes from 5.3 (now) to 5.7 (plus county and local sales taxes) over time. We will be the highest sales tax state of our neighbors.

2.         Increase real estate taxes by 10% of the School mill levy. This will cost an additional $53.00 for a $250,000.00 home.

3.         Add a 5% income tax sur-charge, i.e., increase your state income tax payment by 5%. This will add $469.00 taxes for a $160,000.00 taxable income.

The issue is that Johnson County will pay to Topeka, an additional $65++ Million and get only about $11 Million back. For the Shawnee Mission School District alone, 2005 would provide $4.2 million, but 2006 would provide but $700,000.00 and 2007 would reduce revenues by $4.2 million. Plus, this goes into an already determined unconstitutional formula which the judge has said cannot include local initiatives, such as the local option budget and the Johnson County sales tax for education. In addition to these problems, the Special Education portion of the Governor’s tax/funding package would have been a disaster financially. Dr.  Marjorie Kaplan, Superintendent of the Shawnee Mission has written that the Governor’s “Education First” proposal does not adequately the District’s needs.

Many organizations support the Governor’s Education First Plan, such as the teacher’s union (KNEA), the school board association (KASB) and Kansas Families United for Public Education Political Action Committee (the “T-shirt” people. and the yard sign people “Support Candidates who Support Education”) . All of this sounds good, but what these organizations really support are higher taxes to fund a mediocre quality of education state wide – then and only then allowing Johnson County, maybe, to raise local taxes for local schools. This is wrong and my constituents won’t put up with that narrow and selfish attitude.

But it is not enough for us, as legislators, to only criticize the Governor’s tax package without offering a solution. In that connection, both Dr. Kaplan, Shawnee Mission Superintendent, and Dr. David Benson, Blue Valley Superintendent, have advised us that an increase in the local option budget, the “LOB” (raising local funds that stay in our schools) is the best available solution for now.

Accordingly, Rep. Ray Merrick (R-Stillwell) and I have introduced legislation to raise the current LOB from 25% to 30%. This will mean millions of net new dollar increases in funds for schools. It represents local money staying in our communities.

I have given up on amending the Bi-State law to allow ½ of any Bi-State II tax to be earmarked for local education initiatives. Steve Rose (the Johnson County SUN) thought it was such a bad idea, he named me the coveted “Turkey of the Year” (remember that). Well, his silliness had nothing to do with my decision, but rather  Judge Bullock’s ruling which could require such tax dollars to go to Topeka and thence further west – which  would compound what is happening now. In addition, I don’t want school funding getting confused with Mr. Rose’s proposition to tax Johnson County to fund concert halls and art programs in Missouri. A tax for the arts in this economy???? These arts folks seem to have forgotten that the word “BI-State”, by definition, means TWO states, not just one…Missouri. Sorry, Steve Rose (Sun) and sorry Yael Abouhalkah (Star). The priority now is money for our schools and I’ll not change my position on this. Oh, I’m sure there will be more to come on this, especially when the Sun and the Star endorse candidates. Just watch, they have an agenda.

OTHER MATTERS

The legislative process got off to a slow start this week due to the three-day weekend honoring Dr. Martin Luther King, Jr. and the civil rights movement.  However, lawmakers were back in action Tuesday.  Although House members worked diligently this week, their accomplishments were largely overshadowed by national politics. 

In the national arena, the Democrat’s search for a presidential nominee began in Iowa on Monday.  The Iowa Caucus ended with a surprising victory by U.S. Senator John Kerry.  On Tuesday, President Bush gave his State of the Union address.  In his speech, the President emphasized the continued need to fight the War on Terror and to keep taxes at a minimum. 

Wireless Enhanced 911 Act

The House Utilities Committee passed Senate Bill 153, a slightly modified version of House Bill 2476.  This legislation, known as the Wireless Enhanced 911 Act, would establish an advisory board that would oversee the expansion and maintenance of wireless 911 services.  The nine member board would be made up of a diverse group of individuals that represent local and state interests, including law enforcement. 

The Wireless Enhanced 911 Act would create a $.50 customer service fee.  Half of the money generated would be allocated to local entities responsible for each counties’ 911 services.  The advisory board would then disperse the remaining money to localities in the form of grants for special projects.  These grants could be used to update equipment in areas with already established wireless 911 service or provide maintenance, but its primary focus is on expanding wireless 911 services in rural counties that would have difficulty raising the funds themselves. 

Funds generated by the Wireless Enhanced 911 Act can only be used for wireless services.  Localities cannot use the funds to improve existing land line systems. 

To insure localities conform with the law, provisions in the bill require sampling audits of wireless service providers from the Kansas Corporation Commission, as well as audits of Public Safety Answering Points by Post-Audit.  Additionally, SB153 places caps on fee amounts based on the population of a county.  I am very concerned about another fee on cell phones, when $.25 of the $.50 per month goes into grants and infrastructure support. This appears to be a municipal function, not another  rate payer responsibility.

Medical Reporting

The House Health and Human Services Committee heard testimony this week regarding House Bill 2513.  The Bill would create an electronic communicable disease reporting system.  During testimony on Wednesday, Kansas Department of Health and Environment (KDHE) officials stated they already have a reporting system implemented in Kansas to detect and monitor communicable diseases.  KDHE also predicted that they will have the capacity for electronic reporting within two weeks.  Although KDHE is not specifically opposing HB 2513, the department is not supporting the legislation because they fear it may not be flexible enough. 

Proponents of the bill spoke briefly as well. Cerner, a Kansas City based company, and Kansas City Health Department officials spoke regarding Cerner’s HealthSentry software which is in use in Missouri.  They claim this program allows for near real-time reporting that is accurate and more efficient.  They claim an automated software package would free up resources in local health departments throughout Kansas.  Many Johnson County Representatives, including myself, sponsored the bill. We support a local corporate citizen, Cerner, in efforts to streamline health care reporting bio-disease and communicable disease information as well as trends as soon as possible.

Rising Medicaid Costs

As you are aware, the costs associated with health care have risen faster than the rate of inflation in the past few years.  In Kansas alone, the Medicaid budget has grown nearly $200 million each of the last three years alone.  If this issue is not dealt with soon, our Medicaid problem will consume Kansas’ budget.  Kansas’ share of the increased cost is approximately $80 million per year. 

Matthew Hisrich, Director of the Consumer Driven Health Care Project of the Flint Hills Center for Public Policy in Wichita, offered solutions to Kansas’ healthcare crisis in the  Wichita Eagle.  In his article, Hisrich claimed creating waivers that “allow benefit adjustments in one portion of the Medicaid population” while increasing “eligibility for other groups” would dramatically lower costs. 

According to Hisrich, the use of health-savings accounts can also be utilized to give “individuals the freedom to manage their own health spending and, thereby, dramatically reduce the burden created by overuse.”  If his plans are implemented, he estimates medicaid costs in Kansas would drop $60 million per year. 

Committee Reports

Appropriations- The initial review of Governor Sebelius’ budget shows it to be missing key items, such as the funding for the sexual predator treatment program at Larned State Hospital.  Chairperson Neufield will be requesting the Governor to provide budgetary amendments to the committee. 

Commerce and Labor- Expect the committee to look into prohibiting the sale of gas below cost this session.  The committee will hear Representative Huff’s bill, HB 2521, that would give preference to Kansas contractors over out-of-state bidders for construction contracts.  The committee, of which I am a member, will soon begin debating the Workman’s Compensation bill the Senate passed last year.  This worker’s comp bill is going to be a HUGE battle between labor and management. I am concerned that in an effort to correct some bad court decisions in favor of workers, the bill goes too far in admitting evidence of pre-existing injuries to the prejudice of the worker. Kansas worker’s comp premiums are among the lowest in the nation. I pay premiums, just almost all employers in Kansas do, but I really don’t want Kansas to be the state with the lowest premiums, at the expense and suffering of Kansas workers. I’ve not made up my mind on the total topic yet, but the current bill is extreme.

Corrections and Juvenile Justice- Due to the Senate addressing the issue of placing a moratorium on the death penalty, that issue will most likely make its way to the House this session.  Chairperson Loyd also expects clemency to be an issue as well. 

            You might remember that last year I filed HB 2062, SEXUAL PREDATOR LICENSE PLATES.which required certain convicted sexual predators to not only register their addresses (now required) but to also display on the front and rear bumper of their car a distinctive marker, so we know  when these people are in our neighborhood. Unbelievably, a huge objection was made that the bill required sexual predators to wear a ”Scarlet Letter”. I’m sorry, but too many victims of violent sexual predator’s crime will wear a scarlet letter for eternity – a tombstone. I couldn’t believe it, but in order to deal with that objection, I have filled HB 2611 which, in the alternative, would allow the predator the option of wearing a GPS at all times instead of installing the license plate marker. The effect would be to dissuade repeat offenses – the convicted predator would know that a record exists of his whereabouts at all times, so as to tie into him at the scene of a crime or probation violation. I’m waiting for the left wing liberal bleeding hearts to find an objection to this proposal.

A hearing on HB 2611 is scheduled for next week, so if you have an interest in participating in the hearing, please e-mail or call me at  Patter@ink.org  or 785-296-7604.

Economic Development- Perhaps the most anticipated legislation this session will come from Chairperson Wilk.  Although the specifics of the bill are not expected to be unveiled until next week, the general overview of the bill will deal with extending bioscience technology in Kansas. This economic development initiative will set the stage for Stowers Institute II for our community. I am working on the development side of this legislation.

Ethics and Elections- A bill has already been passed out of committee that would allow a candidate to sign a treasurer’s report.  This legislation is a procedural change due to the fact a candidate can be his/her own treasurer.  The committee’s more daunting task will be addressing a recent Kansas Supreme Court case that ruled that Wichita City Mayor Carlos Mayans should not have transferred funds from his House of Representatives campaign account to his mayoral account.

Federal and State Affairs- The Federal and State Affairs Committee is going to deal with a whole gamut of issues this session.  They will include concealed carry, gambling, abortion, and alcohol sales. I will be sending out a survey soon to obtain your thoughts on the concealed carry issue.

Insurance- SB 66, which deals with title insurance being sold by realtors is still in committee and is expected to be heard this session.  I support this measure.

Tourism and Parks- Although it is not expected to go anywhere, a bill was introduced that is identical to last year’s ag-tourism bill that was passed by both the House and Senate but vetoed by the Governor.  I am working on an alternate option on ag-tourism to make claims made on such incidents much like the Kansas no-fault PIP - $2,000.00 procedure. Hopefully we can balance the interests of ag-tourism and the safety of the consuming public.

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I trust all is well back at home in Leawood and OP. It’s cold all over the State. This old capitol building doesn’t hold heat very well. It’s now about 10:00 p.m. Wednesday evening and it’s not quite 60 degrees in my office.

Mayor Eilert and the City Council of OP were in town this week and Thursday, January 30, 2004 is Kansas Municipal Day in Topeka, so I hope to see Mayor Dunn and council members here.

As I have done in the past, I hope to get you a report weekly. Please e-mail me (at Patter@ink.org) or call at 785-296-7604 if you have questions. 

ALSO, if you have others who you believe would find these legislative reports of use, Please e_mail me their e_mail addresses and I will add them to my address book.

                                                                                                Respectfully,

                                                                                                Rep, Doug Patterson

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