Rep. Doug Patterson Legislative Newsletter, March 26, 2004

Rep. Doug Patterson’s

As described in my recent Newsletters, voters in District 28, Leawood and Overland Park have supplied their input on school finance as follows:

                                                         Other: 1% such as "No new taxes for anything"

BUT, my survey found that if Shawnee Mission and Blue Valley School Districts retained local funding initiatives, such as the LOB (Local Option Budget, then certain tax increases would be acceptable state wide to meet our obligation to provide all students statewide with a suitable education:

                                        Survey Question: If an acceptable school funding package is developed which retains local                                               control and local funding (per the two above questions) what type of tax increase      would  be acceptable. The results were as follows:

                                                            Sales Tax: #1

                                                            Income Tax: #2

                                                            Property Tax: #3

My survey was sent in connection with the issuance of the Governors Tax Plan. The discussions about Education plans can be found in my Newsletters:

http://www.dougpatterson.org/newsletter/

Until today, there were three plans: The Governor’s tax increase, the original House Republican Plan and the Senate Plan. The Senate Plan included a liquor tax increase but fell short of sufficient funds or local initiatives. A summary of the school funds which would have been generated by these plans appears as follows:

(Source: K.C.Star 3/20/04)

I have written you about KFUPE, KNEA and KASB. These organizations strenuously oppose any, and I mean any, local control as a centerpiece of school finance: See, http://www.dougpatterson.org/newsletter/2004/2004-03-09.

KFUPE (the so called "Support Candidates who support Education" T-shirt and yard sign bunch) has become so militant and radical that certain members of KFUPA have been sanctioned due to their rough and abusive conduct here in the Capitol. They are an extreme left wing radical group who seek only to see the Governor’s $1Billion tax increase pass. But as you can see from the above, such plan does the least for education, but raises taxes the most. That’s understandable. Some of the leadership of KFUPE are residents of Missouri anyway. Maybe they should be called "Missouri Families Hell Bent on Increasing Taxes in Kansas ("MFHBITK"). KNEA and KASB take the same position: http://www.dougpatterson.org/newsletter/2004/2005-02-05.

While I believe the original House Plan is the better plan, it is short term. Understandably. We will be working on an overall school finance re-write during the next term, at least. And there appears to be a consensus that such overall re-write will involve some form of tax increase. But this is consistent with the above survey results IF we retain local funding options, such as the LOB or cost of living weighting for teachers in Johnson County.

So, yesterday, in debate, and today in final action, we revised the House Education Plan as follows:

As a result of the House Republican actions, the financing of our local schools appears as follows:

This is more school finance then the Governor’ Plan or the Senate Plan put together without the $1B tax increase of the Governor’s tax package and preserves the Local Option Budget. The LOB is a huge benefit for SM and BV.

This does not mean that the House Plan of today is the final deal. Since the Senate has not agreed upon it, but may be adopting their own plan, a conference committee of House and Senate education leaders will meet to agree upon a compromise bill, which could include any or all of the above House measures of Senate measures.

Bottom line.....I like the new House Plan and voted for it, but I don’t like the income tax sur-charge. I hope the education conference committee will take out this income tax sur-charge and replace it with a liquor tax increase.

I really hope KFUPE, KNEA and KASB get with it and support this, but I bet they don’t...oh well.

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As I reported to you: http://www.dougpatterson.org/newsletter/2004/2004-03-09

the House passed by a sufficient constitutional margin the constitutional amendment banning gay marriages. I owe you an apology, in that my mailed newsletter read that the "same sax" amendment passed. It’s anything but that. It prohibits same sex marriages. Thereafter, it went to the Senate. I regret to inform you that yesterday, the Senate failed to approve this important amendment. I hope this mistake by the Senate is corrected before the close of the Session. It’s not just a moral thing, it could have monumental financial ramifications for Kansas.

On Monday, March 22, House Concurrent Resolution 5034 (HCR 5034) was debated on the floor of the house. HCR 5034, commonly referred to as the Taxpayers’ Bill of Rights or TBOR for short, was sent back to committee after numerous amendments were attached to it.

If it would have passed, TBOR would have limited state government spending growth so that it would not exceed the rate of inflation, as adjusted for population changes; required voter approval for tax and fee increases; established a three percent emergency reserve fund and up to a ten percent budget stabilization reserve fund; and certain excess tax receipts that were in excess of the approved amounts would be refunded to the taxpayers. While this sounds good on paper, it has crippled states such as Colorado and Missouri. Missouri has the Hancock amendment. The best way to make sure the financial position of the State is acceptable to you is to vote for legislators who support your position.

The Republican Transportation Plan was passed out of the House by a vote of 119 to 6 on Tuesday, March 16, 2003. This plan would shore up the 1999 Comprehensive Transportation Plan without increasing taxes. If enacted, all promised projects will be completed. Currently, the State Highway Fund has been underfunded for the last three years and is expected to run out of money in the next two to three years.

State highways have been funded through a combination of bond money, gas tax and sales tax, but recent governors have transferred money that was to go to the Highway Fund and used it to finance general budget expenditures.

In order to shore up the Highway Fund, the Republican plan calls for an additional $150 million in bonds to be issued and takes a portion of the money raised from the current 5.3% statewide sales tax and directly allocates it to the Highway Fund. The direct allocation will be increased from a quarter of a cent to just under two-thirds of a cent, which will raise an additional $207 million. By doing so, no further governors can avoid paying for the Transportation Plan.

By having the increased allocation to the Highway Plan, the Comprehensive Transportation Plan would be extended for an additional two years, or until fiscal year 2011. It will also allow for the Kansas Department of Transportation to have sufficient cash flow to match federal funds and sustain highway maintenance.

This legislation gained bi-partisan support. A large number of Democrats contributed to the process of funding Kansas roads. Additionally, the Governor abandoned her plan own Transportation Plan that called on issuing large amounts of bonds in favor of this proposal.

The House approved Senate Bill 384 on Tuesday, March 23, 2004 by a vote of 64 to 61. This bill, increases the speed limit on four-lane highways from 70 mph to 75 mph. SB 384 was already approved by the Senate earlier this session. The only difference between our version and the Senate’s is that if a driver is caught for speeding in a 75 mph zone, a ten mile per hour window would be allowed before the infraction is considered a moving violation that would be reported to the insurance company. The Senate would only allow a 5 mph buffer.

Those opposing SB 384 believe that by raising the buffer before a ticket is reported to 10 mph, we are actually making the speed limit 85 mph. They feel the speed limit would be too fast and would result in increased automobile fatalities.

Proponents dispute the claim that an increased speed limit would result in a higher fatality rate by citing the fact that highway deaths did not increase when the speed limit was raised to 70 mph. Other than just making it more convenient to travel, increasing the speed limit on interstates would also allow Kansas to compete with surrounding states that have higher speed limits and have taken commercial travelers away from us.

Friday, March 12^th -

HB 2675; Claims against the state; PASSED 118-0-1

If this bill is passed, individuals will be paid for financial claims they have made.

Tuesday, March 16^th - NONE

Tuesday, March 16^th -

HB 2912; Appropriations; PASSED 125-0

If passed, this bill would require the Emergency Medical Services Board and the Health Care Stabilization Fund Board of Governors to join the list of state agencies currently required to file their budget estimates with the Division of the Budget every two years.

SB 366; Public Health and Welfare; PASSED 125-0

If passed, this bill will amend existing state cancer registry statutes, regarding filing deadlines and technical definitions.

HB 2582; Appropriations; PASSED 99-26

If this bill is passed, the Horsethief Reservoir Benefit District will be created. The bill will also provide for a district governing board as well.

HB 2835; Federal and State Affairs; PASSED 122-3

If this bill is passed, unlawful use of a recording device in a movie will be a crime. The first conviction would be a class A nonperson misdemeanor, and the second or subsequent conviction would be a severity level 9 nonperson felony.

HB 2908; Federal and State Affairs; PASSED 122-3

If passed, this bill will gives older workers representation on Local Workforce Investment Boards.

SB 338; Financial Institutions and Insurance; PASSED 125-0

If passed, this bill will extend the time period in which a supplier can perfect an agriculture production input lien from 20 days to 60 days.

SB 353; Agriculture; PASSED 125-0

If passed, this bill will remove the sunset date from K.S.A. 2-1315 to continue the authority of the Secretary of Agriculture to designate any county a sericea lespediza disaster area after consulting with the county commissioners.

SB 404; Federal and State Affairs; PASSED 124-0-1

If this bill is passed, the Real Estate Commission will be able to consider a licensee’s reputation for honesty and integrity for licensure. The prohibition on a licensee offering gifts to a principal in a real estate transaction will also be eliminated.

Wednesday, March 17^th -

SB 443; Public Health and Welfare; PASSED 122-1

If passed, this bill will amend existing parts of the profession acts of professions regulated by the Behavioral Sciences Regulatory Board. Parts of this legislation will also authorize the board to issue fines and court orders and assess penalties.

If passed, this bill will amend the current Licensure of Psychologists Act of the State of Kansas to update licensing procedures of psychologists.

If passed, this bill would provide a permanent change in the disposition of clean water drinking fee revenues beginning January 1, 2007. Beginning January 1, 2007, all clean water drinking fees would be deposited in the State Water Plan Fund (SWPF) and would be required to be used to protect and renovate lakes used as sources for public water supply systems; and technical assistance to small water systems for water conservation programs.

If passed, this bill would extend the responsibility for conducting administrative hearings for all state agencies, except the Department of Agriculture, to the Office of Administrative Hearings (OAH), Kansas Department of Administration, over a four-year phase in schedule beginning July 1, 2005 and concluding July 1, 2008.

If passed, this bill would make permanent the docket fee funding for the Kansas Judicial Council which was enacted by the Legislature in 2003 but would deposit balance remaining fees not earmarked per the 2003 allocations to state general fund.

Thursday, March 18^th -

If this bill is passed, a number of new sales tax for charitable organizations, as amended, effective January 1, 2005.

If this bill is passed, new regulations, rules, and requirements regarding cigarette sales tax, shipping, penalties, and Internet and catalog sales will be created.

If this bill is passed, limits on interest accrued to $5 would increase, below which the county treasurers of Sedgwick, Johnson, Shawnee, and Douglas counties are not required to collect interest due on delinquent personal property taxes.

If passed, this bill would authorize Kansas to become party to the Interstate Compact on Juveniles

If passed, this bill will reduce the statutory levy imposed on fire insurance premiums remitted to the Insurance Commissioner to support the operations of the State Fire Marshall from 1.25 percent to .80 percent of gross cash receipts on fire business in the state. The bill also directs that a 0.25 percent levy be remitted to the Insurance Commissioner to finance the operations of the Board of Emergency Medical Services (EMS). The Fire Service Training Institute at KU will receive .20 percent.

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As I have done in the past, I hope to get you a report on a regular basis. 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 e-mail address book.

Respectfully,

Rep, Doug Patterson

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