Good morning everyone:
Hope everyone is getting to relax a little during this turnaround weekend. You may need it. So much is left to do before the Legislature adjourns for spring break.
Now onto the most significant news we published last week and other news you may have missed but need to know…
- The week began with Kansans for Life apologizing for a mailer criticizing lawmakers that was sent to the wrong House districts.
- The chairman of the Senate health committee is vowing not to move the Medicaid expansion bill until the House passes a constitutional amendment on abortion.
- The Kansas Senate approved a sports wagering bill.
- The Kansas Senate passed legislation that would track how foster kids progress through school. Only one other state is believed to have this type of law on the books.
- Cities are in a battle with cable companies over how new technology can be regulated in Kansas.
- The Senate passed a bill requiring more disclosure when local governments collect extra tax dollars from rising property values.
- A panel recommended three candidates to Gov. Laura Kelly to nominate to the Kansas Court of Appeals.
- Former Gov. Jeff Colyer came out in support of Congressman Roger Marshall in the Republican primary for U.S. Senate.
- Americans for Prosperity has a new state director.
- Congressman Steve Watkins released his own poll that shows him leading Kansas Treasurer Jake LaTurner.
- Here’s a look at how the Supreme Court nominating commission voted on the nominees to replace former Chief Justice Lawton Nuss.
- The House rejected Gov. Laura Kelly’s proposal to restructure payments to the state retirement system.
2019 lobbyist spending
The latest report from the Kansas Ethics Commission shows that lobbyist spending increased 40% in 2019 from a year earlier.
Lobbyists spent about $1.3 million last year, up from about $941,000 in 2018, which was a relatively down year when compared to other years.
Topping the list was the Kansas Association of Realtors, which spent $482,000 last year amid the debate over taxes.
It was followed by Americans for Prosperity, which forked out about $92,000.
Kansans for Responsible Legislation, which has ties to Oklahoma, came in at $70,000.
For those who are relatively new here, Kansans for Responsible Legislation is run by Joshua Harlow, who is the president and owner of Free Market Consulting in Oklahoma City.
Harlow, who is executive director of the responsible legislation group, previously worked as an associate with political consultant Jeff Roe’s firm, Axiom Strategies.
Kansans for Responsible Legislation has said previously it opposes letting the Kansas Lottery oversee sports wagering and supports school funding.
The group also has opposed expanded gambling via greyhound racing.
Another top spender in 2019 was the Alliance for a Healthy Kansas, which laid out $52,400 in its campaign to expand Medicaid coverage.
It was trailed by the Kansas Chamber of Commerce at about $45,100 and the Kansas Electric Cooperatives at about $41,000.
The Kansas Catholic Conference spent $32,100 last year, including about $25,000 last fall as it ramped up for the debate on the constitutional amendment on abortion.
Former Senate presidents criticize Wagle
Three former Kansas Senate presidents published a column Saturday criticizing current Senate President Susan Wagle for refusing to run the Medicaid expansion bill until a constitutional amendment on abortion passes in the House.
In a column published by Gannett/Gatehouse newspapers, Republicans Steve Morris, Dave Kerr and Dick Bond condemned Wagle for being too focused on her race for the U.S. Senate.
“The Senate president’s reckless decision to pull numerous promising bills after the constitutional amendment failed only showed she was focused more on drawing attention to her U.S. Senate race than doing what’s best for Kansas,” the three former Senate leaders said in their column.
“During our time in the Legislature, the duties of Senate president demanded our full attention,” they wrote.
“The current officeholder seems more focused on personal political gain than governing — and at significant cost to the people and future of our great state.”
The column from Morris, Bond and Kerr comes almost two weeks after Wagle wrote a statewide column explaining her response to the amendment’s failure in the House.
In that column, Wagle said she was “proud” that she referred several bills back to committee that could be used as a vehicle for Medicaid expansion.
“When (the amendment) failed in the House, the legislative landscape changed,” Wagle wrote.
“Decisions had to be made quickly in order to slow down the process and discover relevant new facts.
“When nicely phrased, I am being called an alarmist. No, I am a realist who understands the law and the implications of the laws we enact,” she wrote.
“Someone needs to be a voice for those who are voiceless, a defender of those who are defenseless!”
Kelly, Denning team up
Gov. Laura Kelly and Senate Majority Leader Jim Denning will be in Wichita Monday to make the case for Medicaid expansion.
They will make two stops: one for a roundtable discussion on Medicaid expansion at Ascension Via Christi St. Francis and a second at First Presbyterian Church.
French draws Democrat challenger
Retired military intelligence officer Joana Scholtz has filed to run against Republican state Rep. David French in House District 40.
Scholtz, also a retired special education teacher, was commissioned in 1979 as a military intelligence officer.
She served in the 7th and 3rd Infantry Divisions and at the Military Intelligence School at Fort Huachuca, Arizona.
She taught at Eisenhower Elementary at Fort Leavenworth, and at Leavenworth Senior High School and Anthony Elementary in the Leavenworth school district.
Scholtz was the Leavenworth 2010 Teacher of the Year for Secondary Education.
She also was selected as the 2013 Special Education Teacher of the Year by the Council for Exceptional Children.
Scholtz earned a bachelor’s degree in Russian studies from Knox College in Galesburg, Illinois, and a master’s in education from the University of Missouri-Kansas City.
French is finishing his first term in the Legislature after defeating Democratic incumbent Debbie Deere in 2018.
French beat Deere by 70 votes in a district carried by Democratic Gov. Laura Kelly by about 2.5 percentage points.
The district went for President Donald Trump in 2016, former Gov. Sam Brownback in 2014 and Mitt Romney in 2012.
The Leavenworth County district includes parts of Leavenworth and Lansing.
Abortion debate
The debate rages back and forth at the Capitol: Will expanding Medicaid lead to more taxpayer-funded abortions if the constitutional amendment on abortion isn’t passed?
The argument is premised on the idea that the Kansas courts would strike down the state’s ban on taxpayer-funded abortions after the state Supreme Court found that a right to the procedure is protected by the state constitution.
The constitutional amendment, which was just four votes short in the House of being sent to the voters, would reverse the Supreme Court’s decision.
But does that Kansas Supreme Court decision mean that a state ban on taxpayer-funded abortions would eventually be declared void in Kansas?
There are two white papers circulating around the Capitol presenting diametrically different views on the matter: One paper is from Washburn University constitutional law professor Bill Rich and the other from conservative scholar Michael New.
We put both of these documents out there for your review so you have some sense about what is percolating in Topeka.
Their posting here doesn’t reflect an endorsement of any particular view. We just think you should have a sense of what is circulating in political circles.
A couple other news items on the abortion debate:
- The Associated Press’ John Hanna looks at the unusual position abortion opponents find themselves in this year as they may be forced to compromise to get the proposed constitutional amendment passed and sent to the voters.
- Kansas News Service produced this interesting story that revealed Medicaid has paid for four abortions in Kansas since 2013
Fiscal note questions
A low-profile fight brewing at the Capitol pits the banks against the credit unions over tax policy.
While the issue has largely played out under the radar, the stakes and the money involved are substantial.
The banks want to deduct interest income from business loans and single-family housing loans in rural areas of the state.
The banks argue that the legislation makes them more competitive with credit unions, which don’t pay state or federal income taxes.
The banks are holding out the possibility that it will lead to lower interest rates for borrowers.
The credit unions say the bill gives the banks an edge in the credit marketplace.
But one of the underlying issues is: How much does the bill really cost taxpayers?
An initial fiscal note showed the bill would cost the state about $43 million in revenue in 2021, although it was assumed that the legislation would apply broadly to banks making loans in other states and countries.
The committee amended the bill to better ensure it would only apply to loans made in Kansas.
A new analysis out last week indicated the bill would cost the state about $23 million over three years.
But even now, there’s some concern that the new fiscal note is not correct.
The credit unions believe the fiscal impact is much bigger than what’s projected, and the Bankers Association is now reviewing the fiscal note for its accuracy.
Stay tuned.
Federal report on Dodge City
The U.S. House Oversight Committee last week released a report critical of Ford County Clerk Debbie Cox’s decision to move Dodge City’s only polling location outside the city limits.
After launching an investigation last year, the committee found the voting location was moved “without conducting appropriate due diligence, without consulting with the local community, and without taking simple steps to reduce the impact of the move on thousands of voters until after a public outcry forced them to take action.”
Cox told House staffers that she “did not consult with community groups or other residents about their concerns with a new polling site even though she was aware that residents likely would be upset with moving to a new location.”
Cox said she asked the Kansas secretary of state’s office about closing the location at the Civic Center.
She told the committee that she received no advice beyond basic information on complying with notice requirements and the Americans with Disabilities Act.
Cox’s decision led to a lawsuit brought by the American Civil Liberties Union.
The ACLU lost a bid for a temporary injunction forcing her to open a second polling location, although she did eventually agree to place two voting sites in Dodge City.
Expanded utility pole regulation
Democratic state Rep. Gail Finney last week got an amendment tacked onto a bill that would give state regulators more oversight of transmission lines installed in cities.
Finney’s measure came in response to a storm of controversy that stemmed from the installation of 105-foot towers in the front yards of low-income residents in northeast Wichita.
The legislation requires the Kansas Corporation Commission to consider local aesthetics, location, environment and population density when deciding whether to grant a permit for siting a transmission line in a city.
A spokeswoman for Evergy, which installed the poles, told the Topeka newspaper that the amendment as drafted would increase the cost of transmission projects and could affect electric rates.
Here’s background of the issue from KMUW and KWCH. Here’s coverage of Wednesday’s House action on the amendment from the Capital-Journal.
Miller’s DUI case
More details emerged Friday about the drunk-driving case against state Sen. Vic Miller.
A Shawnee County judge heard testimony from police officers who responded to Miller’s crash into a ditch off Interstate 70 at about 11 p.m. May 6.
Police said Miller had “moderate odor” and “had bloodshot, droopy glazed eyes, and his speech was slurred at times,” according to WIBW’s account of Friday’s hearing.
The officers also conceded that some of those same issues could be attributed to fatigue or injuries suffered in the crash.
Miller is seeking to have the case dismissed.
Here’s more coverage of Friday’s hearing from KSNT and the Capital-Journal.
Colyer’s HHS appointment
U.S. Health and Human Services Secretary Alex Azar last week named former Gov. Jeff Colyer chair of the National Advisory Committee on Rural Health and Human Services.
Colyer will be the fifth chair in the 32-year history of the committee and the second from Kansas. Former U.S. Sen. Nancy Kassebaum Baker also chaired the committee.
Established in 1987, the committee advises the HHS secretary on ways to address health care problems in rural America.
Each year, the committee selects one or more topics to examine. By the end of the year, the committee issues a report with recommendations for the secretary.
Raw milk labeling passes
The Kansas Senate last week approved a bill that would require labeling of raw milk sold in Kansas.
The bill would require producers to label raw milk as an unpasteurized product. It passed 37-3.
The labeling bill was far different from what the Kansas Department of Agriculture had originally proposed.
The department’s original bill included much stronger labeling language warning consumers that raw milk may have bacteria that could cause foodborne illness, especially in infants, young children, older adults and pregnant women.
The original bill spelled out that letters in the disclaimer must be of uniform size and no smaller than the largest font used elsewhere on the label.
The bill also would have applied to advertising, requiring a similar health disclaimer.
However, there were questions raised about whether the proposed labeling and advertising language went too far and violated the producers’ constitutional free-speech rights.
Democratic state Sen. Barbara Bollier unsuccessfully tried to amend the bill so raw milk producers would have to post a sign on their property with similar warnings.
The amendment was defeated 23-15.
The signs would have been required to include the raw-milk resources website published and maintained by the Centers for Disease Control and Prevention.
The signs also would have been required to include a warning that raw milk could cause foodborne illnesses.
When is normal maintenance ‘normal’
The Kansas Senate last week passed a bill intended to prevent home repairs from driving up property values.
In its most basic sense, the bill would keep “normal” repairs being used as a basis for raising the value of a home.
But the legislation ran into questions in the Senate over what is considered to be “normal” home maintenance.
Democratic state Sen. Maric Francisco questioned why there wasn’t a definition in the bill about what might be considered to be “normal” maintenance.
“I’m not sure how this helps our appraisers differentiate between property that has substantially increased in value and other normal maintenance,” she said.
Republican Sen. Caryn Tyson, chair of the Senate tax committee, said the bill was intended to address normal home maintenance such as new roof, new windows or painting.
Tyson said there are instances where homeowners will not care for their property because they don’t want their taxes to go up because of any improvements.
“We want to encourage people to take care of their property,” Tyson said. “We don’t want them to be in fear of an increase as a result of normal maintenance.
“We are just trying to clarify in statute that normal maintenance would not force an increase in your property” values, Tyson said.
The bill passed 38-1.
Third District judicial candidates
The 3rd Judicial District Nominating Commission last week recommended four candidates to replace Chief Judge Evelyn Wilson, who was named to the Kansas Supreme Court.
The four candidates’ names will now be sent to the governor, who will appoint one to the bench. They are:
- Kevin J. Cook, Topeka, private practice, Cook Law Office in Topeka.
- Jessica G. Domme, Tecumseh, assistant attorney general, Kansas attorney general’s office.
- Lori D. Dougherty-Bichsel, Silver Lake, administrative judge and department director at the Topeka Municipal Court.
- Todd M. Thornburg, Topeka, staff attorney and special assistant attorney general, Kansas Department of Labor.
The governor has 60 days to decide who will fill the vacancy. The 3rd Judicial District covers Shawnee County.
