Good afternoon, everyone:
The Legislature has gotten off to somewhat of a sluggish start, with the major issues so far being a second committee created in the Senate to study a tax windfall bill and whether or not House Republicans want to cut school funding. These issues will likely gain more clarity as the legislative session slogs ahead.
The battle over Kansas’ high electric rates heated up a bit last week as a coalition of business and consumer groups asked the state’s utilities to reduce their rates by 10 percent until a long-term solution is reached.
Last week saw the interim corrections secretary paint a picture of an agency in such distress that it threatens public safety, Democratic state Sen. Tom Holland introducing a bill making clergy mandatory reporters and Gov. Laura Kelly defending her plan to restructure payments into the state retirement system.
Kelly’s reamortization plan ran into trouble about a week ago after it received a cool reception from the state retirement system’s board.
Now onto other news you may have missed but need to know from throughout the week.
He said, he said
The story causing the most buzz last week emerged Thursday, when House Minority Leader Tom Sawyer told the Topeka newspaper that House Speaker Ron Ryckman Jr. had a plan to cut school funding by $200 million.
Sawyer told the Capital-Journal’s editorial writers that the speaker had discussed his plan with members of the House Republican caucus. Sawyer’s comments came after the two had dinner together recently in Lawrence.
Within 24 hours of that story, the speaker dismissed Sawyer’s assertion, saying there is no plan to cut school funding. “There have not been proposals of cuts to schools,” Ryckman said. “There have been discussions on how we can provide certainty for our schools and our taxpayers for the long term.”
Asked if the House would commit to the $522 million education spending plan approved last year, Ryckman said, “This is a new, elected body. It’s going to look long term and make sure that whatever is produced is something that provides certainty for our schools.”
The speaker immediately turned it around on Democrats, saying they want to reduce payments into the Kansas Public Employees Retirement System to pay for new spending.
“For any school funding to be possible, the Democrats plan to cut KPERS by $150 million.”
Guess we have a whole session to let this play out and see where we end up.
Governor’s Facebook fireside chat
Gov. Laura Kelly did her own version of a fireside chat on Facebook over the weekend to explain her budget proposal, including how it affects the state’s retirement system.
She explains her reamortization plan — an issue she concedes is “wonky” — and how it’s needed to bring fiscal stability to the state budget by creating a more sustainable payment schedule that will save the state money over the long haul.
Kelly said the state in recent years either skipped or reduced its payments into the retirement system to cover the cost of former Gov. Sam Brownback’s tax plan, setting the stage for payments into the pension fund to dramatically increase.
The governor puts reamortization into simple terms, comparing it to refinancing your home mortgage when you need cash or need to lower your monthly mortgage payment.
Here’s a link to the video, which lasts a little more than three minutes. As of Sunday morning, it’s already been viewed 7,500 times and shared 179 others.
Williams out as RHCC chair
As chairwoman of the Republican House Campaign Committee, state Rep. Kristey Williams had a banner fundraising year even as the party was running with an unpopular gubernatorial candidate at the top of the ticket and a president under investigation.
The political arm of the House Republican caucus raised $457,380 during the two-year 2018 election cycle, more than it had raised in any cycle since at least 2010, records show.
Yet it wasn’t good enough for Williams to get back on the political committee’s board after elections were held last week.
Republican lawmakers from each of the four congressional districts elect three members to the board. Williams failed to get back on the board representing the 4th Congressional District. She lost out to Reps. Emil Bergquist, Renee Erickson and Leo Delperdang, officials said.
“One of my goals as chair was to create an annual fundraising event that was unique, fun, and raised as much money as possible for fellow House Republicans,” Williams wrote in an email. “I had hoped to maintain our progress for two more years and make it a self-sustaining tradition.
“But unfortunately after working very hard and raising unprecedented support, my fellow Wichita-area legislators felt others could do better. I respect the process and wish the new team the best,” she wrote. “I’m sure they have a great plan!”
During the 2016 cycle, the RHCC raised $298,651 and in 2014, it hauled in $435,755.
In 2012, at the height of former Gov. Sam Brownback’s administration, the RHCC raised $349,941. And in 2010, when the Republicans made substantial gains in the Kansas House, the committee raised $378,877.
Judges’ salary increases constitutional
Attorney General Derek Schmidt recently found that it is constitutional for the Legislature to approve pay raises for judges that are different from raises given to other state employees.
The Legislature approved a 2.5 percent salary increase for state judges in fiscal year 2018. However, at the same time, lawmakers approved higher percentage salary increases for other state employees.
State Rep. John Barker, who asked for the opinion on behalf of the District Judges Association, questioned whether the pay raises might violate a provision in the state constitution that bars lawmakers from cutting judges’ salaries.
Barker said the different pay increases raised a question about whether that might be construed as a salary cut. “By them getting less, is that a cut or not?” he said.
The attorney general’s opinion said the judicial raises were constitutional. The attorney general opined that the raises were based on the Legislature’s constitutionally delegated power to increase judicial pay.
“It did not diminish the compensation of judges. Thus, the Compensation Clause in the Kansas Constitution was not violated,” the attorney general’s opinion stated.
Voting made easier
A bipartisan group of 13 lawmakers — led by Democratic Sens. Pat Pettey of Kansas City, Kan. and Oletha Faust-Goudeau of Wichita — introduced a bill to allow voters to register and cast a ballot on the same day.
The bill would allow Kansas residents who are qualified to vote to go to their polling
place on Election Day, register to vote and cast a provisional ballot all in the same day.
Under current law, voters must be registered at least 21 days before the election.
“We are supposed to be doing what we can to make it easier for people to vote — it’s a right, not a privilege,” Faust-Goudeau said.
“During the most recent campaign cycle, everyone I talked to wanted same-day voter registration. It just makes sense.”
Currently, 16 states plus the District of Columbia make same-day registration available on Election Day, according to the National Conference of State Legislatures.
NCSL reports that “there is strong evidence that same-day and Election Day registration increases voter turnout, but the extent of the impact is difficult to conclude.”
NCSL says studies show that same-day registration increases turnout between 3 and 7 percent with an average of a 5 percent increase.
AG renders opinion on hiring securities commissioner
Last week, Attorney General Derek Schmidt’s office issued an opinion advising Insurance Commissioner Vicki Schmidt that she can hire an acting securities commissioner for not longer than six months. The attorney general’s office indicated the acting commissioner could exercise all the powers of the position while serving in an acting capacity.
Two years ago, former Gov. Sam Brownback signed a bill into law that gave the insurance commissioner the authority to name a new securities director with Senate confirmation. The bill moved prosecution of securities fraud over to the attorney general.
Under the previous law, the governor had the power to name the securities commissioner.
The 2017 law was generally seen as a positive way for improving criminal enforcement, better protecting the public and reducing costs.
Pompeo obsession
Lots of coverage last week about whether U.S. Secretary of State Mike Pompeo will jump into the U.S. Senate race to replace the retiring Pat Roberts. Here are stories from John Hanna at The Associated Press, Fox News, McClatchy and Politico.
But if you don’t want to read the coverage, here’s Pompeo’s interview with Fox News where he talks about a possible Senate run at about the 11:30 mark in the interview.
Kobach’s wall
Former Kansas Secretary of State Kris Kobach talks to The New York Times about his work as an advisory board member of a nonprofit group raising money to build the border wall that President Donald Trump wants but can’t persuade Congress to fund.
With the president’s approval, Kobach tells The Times that the group — We Build the Wall Inc. — is planning to start construction soon on donated property along the border that can be “completed cheaply and efficiently by the private sector.”
In a Q and A with The Times, Kobach is asked about what kind of support there is in Kansas for the wall.
His response: “In Kansas, support for the wall is very strong. We haven’t done any polling or outreach on the specific question of ‘We Build the Wall’ organization, but certainly support for building a wall or a series of barriers on the border is very high.”
Textbook tax breaks
The Capital-Journal looks at state Rep. Nick Hoheisel’s plan to exempt textbooks from the state’s 6.5 percent sales tax. Here’s the bill. There’s no estimate yet about how much the latest proposed tax exemption would cost the state in revenue.
LGBT protections gaining ground
Gov. Laura Kelly was not alone when she signed an executive order protecting state LGBT employees from discrimination. Similar executive orders establishing or expanding protections have been signed in Ohio, Michigan and Wisconsin. Here’s coverage from Governing Magazine.
New anti-fraud director
Insurance Commissioner Vicki Schmidt last week announced the hiring of Dennis Jones as anti-fraud director.
Jones brings more than 30 years of legal experience to the job, working previously as a city attorney, county attorney, special prosecutor and most recently as assistant district attorney for Shawnee County.
The anti-fraud director is responsible for investigating suspected violators of the insurance fraud statutes.
“Fraud costs every honest Kansan more of their own money and it’s important we do everything we can to eliminate it,” Schmidt said in a statement.
“Dennis has had long legal career and has the right experience to be a tremendous asset to the Department and I’m thankful he has agreed to serve.”
