State of the State

Delivered by Governor Sam Brownback
January 11, 2012

Mr. Speaker, Mr. President, Legislators, Justices of the Kansas Supreme Court; leaders of Kansas sovereign Native American Nations, my wonderful wife and First Lady of Kansas, Mary – and My Fellow Kansans – Good evening and welcome back.

Our family just experienced its first wedding with our oldest daughter Abby marrying Eric Teetsel. After that excitement, emotion – and expense, I need to get back to work.

So it’s great to see you!

Let me start by saying – I am bullish on Kansas!

We are a state in transition.

From a high tax state—to a low tax state.

From a state struggling to pay our day to day bills—to a state with a healthy bank account.

From issuing more bonds and borrowing from our kids—to paying down our debt.

Transitioning from losing private sector jobs —to growing our private sector workforce.

From an unsound pension system—to an honest defined contribution system.

From a school finance system trapped in litigation—to a simpler system focused on getting dollars out of the court room and into the classroom.

We are transitioning from a Medicaid system lurching between cutting providers, patients or both—to one that gets better results for our most vulnerable Kansans.
From a modest wind energy investment to a top 5 state for projects under construction.

From a wasteful use-it-or-lose-it water law doctrine—to preserving our most precious natural resource: fresh water.

This state in transition will look less to what Washington can do for Kansas and more to what we can do for ourselves.
That’s a lot to accomplish. Can we get it done? Of course we can.

A year ago we met here facing two enormous challenges—a stagnant economy with fewer Kansans employed – and a big budget deficit. Many states across the country were struggling, but in 2010, Kansas ranked among the worst in private sector job creation.

Working together, we acted. Here are the results.
We overhauled our state’s economic development system, enacted modest tax relief, and sent word around the world that Kansas is open for business! Since January 2011, Kansas has added more than 11,000 net private sector jobs

On the budget, we faced a $500 million deficit — but we did not raise taxes. Instead, we cut spending. Clearly, the era of ever-expanding government had to come to an end.

In fact, —for the first time in 40 years— the budget for the state’s all funds spending actually went DOWN from one year to the next. By applying these fiscally conservative principles, you, the legislature, turned a $500 million deficit into a more than $100 million ending balance in one year!

The Kansas Legislature got its job done on time and under budget. Thank you for doing that.

Those are the facts. And it’s why now Kansas is considered one of the ten best managed states in America. It is for these reasons, Mr. Speaker, Mr. President; I can report to you that the State of our State is STRONG – and getting STRONGER!

Last session the Legislature gave our rural communities a new tool to help them reverse their population loss – and they have embraced the Rural Opportunity Zone program, offering no income tax and buying down of student loan debt to new or returning residents.

Joining us tonight is Benjamin Anderson, CEO of the Ashland Health Center. His hospital — like many rural hospitals — has struggled to attract medical professionals. Since the Rural Opportunity Zone has gone into effect, Ashland has recruited – from out of state -doctors, nurses, and social workers. Benjamin tells me they aren’t stopping there – they plan to recruit a dentist, a physical therapist and two more nurses.

It’s the kind of population and economic growth I envisioned the Rural Opportunity Zone would bring to Kansas.

Still – the economy remains one of our most pressing issues. While there are certainly factors a state cannot control when it comes to its economy, taxes are one area we do control. And when it comes to taxes, we have some of the highest in the region. This hurts our economic growth and job creation.

To address this, I’m proposing a major step in overhauling our state tax code to make it fairer, flatter, and simpler. My tax plan will lower individual income tax rates for all Kansans. It brings the highest tax rate down from 6.45 percent to 4.9 percent, the second lowest in the region – and lowers the bottom tax bracket to 3 percent. My plan also eliminates individual state income tax on most small business income.

As we modernize our tax code and lower everyone’s rates, it is also time to level the playing field and simplify state taxes by eliminating income tax credits, deductions, and exemptions ─ while expanding assistance to low-income Kansans through programs that are more effective and accountable. I firmly believe these reforms will set the stage for strong economic growth in Kansas – and will put more money into the pockets of Kansas families and businesses. Growth that will allow us to further reduce tax rates and increase our competitiveness. Growth that will see people move to Kansas instead of leaving our state.

With that in mind, I ask the legislature to limit further growth in government expenditures to no more than 2 percent a year ─ and devote all additional revenues to reductions in state tax rates. This will get us ever closer to the pro-growth states with no state income taxes – which are among the country’s strongest economic performers.

It also will enable us to keep the lid on state sales tax and property tax rates by providing robust economic growth. Let’s put our “lost decade” in the rear view mirror and speed ahead – at 75 miles per hour – to make this decade the decade of growth and job creation.

When I took office, the state had just ended the last fiscal year with only $876 in the State General Fund. Excuse me, 876 dollars and Five cents. I immediately instituted a policy of prioritizing expenditures; increasing efficiencies and studying our structural problems. This process required some difficult choices.
Last year when I addressed this body, I said that any fundamental solution to the state’s budget problems must include reforming taxes, Medicaid, the pension system and school finance. We also had to face the steep decline in federal money coming to Kansas.

In the last year, working with a committed group of Cabinet Secretaries and this Legislature, we began implementing the needed reforms. Today I am pleased to present the results of this process.

My proposed Fiscal Year 2013 budget provides for an ending balance of $465 million, exceeding the 7.5% statutory requirement. This budget fully funds or increases funding for essential services while holding State General Fund expenditures below last year’s levels.

This budget begins to address the long term structural issues that placed the state in years of fiscal peril.

This budget also addresses the state’s ever increasing debt that has created a generational burden sent to our sons, daughters and grandchildren. State government is about to experience an influx of money in the expanded gaming fund with the opening of facilities in Wyandotte and Sumner Counties. To reduce the burden we leave to our children and grandchildren – we should use this increased revenue for its most important statutory purpose – to pay down our debt.

For decades, state government shifted the burden of providing for state employees’ retirement to future Legislatures. As a result, KPERS has a shortfall of more than $8 billion. That’s a huge hole, and the first rule of getting out of any hole is to “stop digging.”

The KPERS Commission produced solid recommendations which will ensure that state government meets its obligation to retirees. Those who are currently receiving benefits or those who are vested in the current system will be fully protected. The state will increase its contributions to KPERS and require more from workers to pay those benefits. But for all new employees and those not currently vested, we can and should transition to a defined contribution system – like most private sector organizations in America.

The reason is simple—it guarantees that the state stays current in paying its bills and gives people the flexibility to freely move in and out of state employment instead of being trapped by our retirement system. State employees do important work and they deserve a fair and funded pension system. These reforms by the KPERS Commission do just that.

We are committed to a strong, effective safety net for our most vulnerable Kansans.

Medicaid spending continues to skyrocket, and it continues to place stress on funding for education, public safety, and other essential services. With additional funding cuts expected from the federal government, Kansas must transform Medicaid into a system that improves services while managing costs. Many states have made the choice to either kick people off Medicaid or pay doctors less. Neither of those choices provides better outcomes. Kansas has a better solution.

The Lt. Governor, Dr. Jeff Colyer, and our cabinet team, with input from legislators and more than 1,800 stakeholders, have produced a measured, innovative and compassionate proposal. Unlike the current one-size-fits-all system, we will offer all Kansans a choice of plans that best fit their needs.

Kansans with long-term disabilities will have an integrated care coordinator. Those with developmental disabilities can keep their case manager if they choose. Many disabled Kansans want to work, but are stuck in government programs that provide neither respect nor independence. I propose Kansas be a national leader in helping the disabled find meaningful jobs. All Kansans should have the opportunity to pursue their dreams. With jobs providing an off ramp from Medicaid, we will be able help those in need of services and reduce our waiting list.

For years Medicaid was spread among several cabinet agencies. This year we will continue to make government smaller and better focused by consolidating multiple agencies into a restructured Department of Aging and Disability Services. By running government more efficiently and effectively, we can save money and provide better service.

The people of Kansas know what’s best for their kids. Parents know better than elected officials. Parents know better than federal bureaucrats. And parents know better than unelected judges. It is past time to get education dollars out of the courtroom and into the classroom.

My plan is straightforward—no district gets less state money, every district gets more flexibility. Let me repeat that – NO DISTRICT will see its state aid go down. I propose adding 45 million dollars in state funding for our poorest school districts.

I also propose to give local school boards more flexibility to spend that money in the way they want because the government closest to the people works best. Local districts should be allowed to invest in the excellence of their schools to the extent their voters believe is appropriate. As more districts make those investments, my plan establishes a mechanism which will protect poorer districts so that they too benefit.

Some people ask me why reform the school finance formula now? Why not kick the can down the road for another year? The fact is the lawsuit is scheduled for trial this summer. And the People elected us – not the courts – to run our schools.

This new school finance formula should be sunsetted after four years. Thus ending the cycle of litigation and beginning a cycle of legislation.

The honor of my professional life has been to serve the people of Kansas, first as their Secretary of Agriculture; later as a Congressman, a Senator and in Governor. A regret I have is that more has not been done to preserve the Ogallala Aquifer.

Almost since statehood, we have told Kansans with water rights they must “use-it-or-lose-it.” This has encouraged the overuse of water, particularly of the Ogallala.
I propose to repeal the “use-it-or-lose-it” doctrine of our water law. It is way past time we move from a development policy with our water to a conservation ethic. We have no future without water. This is altogether fitting and proper. For our government is not only a compact among those who are living, but a covenant with those who are yet to be.

Our great state is one hundred and fifty years old. Many have come before us and God willing many more will come after us.

I would like to recognize the first Kansans, our Native American Leaders who are with us tonight. From the Iowa Tribe – Chairman Tim Rhodd; Kickapoo Tribe – Chairman Steve Cadue; and from the Prairie Band Potawatomi Tribal – Council Treasurer, Noah Wahquahboshkuk.

Also joining us tonight is Guy Monroe, Chairman of the Kaw Nation, also known as the Kansa Indians, after whom our State, Kansas, is named And of course, this building is crowned with the statue of a Kansa Indian…shooting for the stars. Thank you for being with us tonight.
This last year we also celebrated some of our most Notable Kansans.

One of the most inspirational was Clyde Cessna—the man responsible as much as anyone for making Wichita The Air Capital of the World.

When we look at the achievements of great Kansans, it’s easy to overlook the fact that even for them not every day was a successful day. They knew tears in their time, setbacks, and reversals. Clyde Cessna survived thirteen crashes before he achieved a successful aircraft design.
Kansas received some rough aviation news last week. We suffered a setback. But even in the face of that, we see hope. Yesterday, I was in Wichita to announce an agreement with Bombardier Learjet which will see that company expand its workforce in Wichita.

And we aren’t done. There will be more.

Because, like Clyde Cessna, we’re not going to quit. We’re going to keep trying, keep innovating, keep growing. We’re going to keep our faith in a loving God and a promising future…working together and praying together for a better Kansas.

I began tonight talking about my daughter’s wedding. What a wonderful day. Seeing your child get married inspires a few tears and many emotions. For one, it makes you…feel…very…OLD. Or shall we say more mature. But it also reminds us of why we are here. That our season is short, the needs are great and people, particularly our children, are depending on us.

You as legislators sacrifice a great deal to be here. I appreciate that. The people of Kansas appreciate that. You leave your homes, businesses and communities to come here and serve the people. Thank you for what you do to make this a better state!

Together we will succeed…for we must.

Thank you. God bless you and may God continue to bless the People of Kansas.

What a session it’ll be

Another year has come and gone, but here’s to hoping you’re prepared for what lies ahead. No, that’s no apocalyptic reference, though, if you believe some, the world has only 366 days left, as of today.

In January, G.O.P. voters will flock to the polls to begin the task of choosing a nominee they think can beat the president. Make sure to pay attention to state matters, too: when Governor Sam Brownback gives the annual State of the State address, the full legislative agenda will be set (his tax proposal is all that has yet to be revealed).

Last week, the biggest piece of that agenda came into relief (LJ World, Topeka Capital-Journal), a proposal to alter the K-12 school finance formula – the state’s largest charge by far – for the first time since 1992.

What the plan does:

  • Beginning in the 2013-14 school year, the plan sets base aid per pupil at $4,492 (what the administration calls the statutory minimum;
  • Offsets inequities in local property taxes by paying out increasing amounts the lower a district’s property tax valuation per pupil is;
  • Creates an apparatus to stabalize these figures;
  • Gives school boards unlimited local control of local property taxes (raise, lower, disburse) for educational purposes.

What the debate will be about:

  • What was wrong with the old system? Why does the governor believe now is the time for change?
  • Will this proposal actually break the cycle of litigation over full funding of education in Kansas?
  • Does the proposal give too much control to school boards, who would be able to raise property taxes without voter consent? (To remove consent, voters would have to file a petition for, and win a vote concerning such raises.)
  • How many people actually want a property tax hike? (44 for, 52 against according to one poll.)
  • Does the plan, as some worry, remove the flexibility in making adjustments to state aid concerning at risk populations as such populations move around or grow?
  • Can there be equality in the state market for teachers and staff and supplies, or must there be recognition that the districts of Kansas are too diverse for such a mindset? If the latter, who will get left behind?
  • What sort of compromises will the governor be willing to concede?

The discussion over this proposal alone will be important to pay attention to, important to be heard over. From the governor’s office: FAQ and funding figures for every district in the state.

Sunlight Labs

Perhaps you’ve heard of the Sunlight Foundation, an organization devoted to “shining light” on government operations. In an unwitting surf of the internet, I found The Design for America Contest, held in the spring of 2010 by Sunlight Labs, the program design and development wing of the foundation, and I had to share the designs of the winners.

How a Bill Becomes a Law: Zoom-able, Print-able

Senate Rules (the only entry)

Data about U.S. Spending: Government contracts v. Media coverage

Health Data: County Sin Rankings (original data)

Best Redesign of a .Gov Website: IRS.gov (the real site)

Recommended Reading

Both the Lawrence Journal-World and Winfield Courier are offering less than thanks to former SRS Secretary Robert Siedlecki, who resigned earlier this week. Siedlecki, who oversaw a great deal of changes and reorganization in almost a year on the job, returns to his native Florida, likely sooner than he expected.

Rep. Mike Pompeo (Wichita) threatens action against Boeing should they not finish a KC-46A tanker project in Kansas, where officials worked to help the company win the government contract, Wichita Eagle

The Kansas Department of Labor has a backlog of 6,500 unemployment appeals, Wichita Eagle

Kansas Democrats have released a jobs plan and hired a new executive director (Jason Perkey), but can they compete?

401(k) style changes are likely coming to the Kansas Public Employee Retirement System, Topeka Capital-Journal

Quick reads

Thanksgiving is often a time when the news cycle slows, and despite a big to do over a tweet and an appropriate or inappropriate response by members of the governor’s staff – depending on how you view it, the past two weeks have been quiet.

Over the next month, the proposals which will make up the legislative agenda for January-May’s annual session will finally come out into the forefront: Kansans have a serious task ahead of them to pay keen attention to the potential changes to the K-12 education finance formula, tax collections, water rights, and the administration of health and other state services that will be attempted in early 2012.

An election year for the entire legislature, it is important to know the bills and who supports them so that those candidates might be held accountable in the fall (according to your political beliefs, of course). This is not a time to get lost in a war of words that lacks any real policy implications. Let us debate the issues – thoroughly.

The Wichita Eagle Editorial Board, via Phillip Brownlee, offerred an excellent teaser this morning: Kansans aren’t predictable. Links to a few other pertinent stories from around the web are listed below.

Kansas-House Senate Committee on Juvenile Justice ridicules proposed changes by SRS, AP

Kansas Secretary of Transportation asserts legislature should stop siphoning KDOT funds when behind on revenues, Topeka Capital-Journal

Issue on appeal, state still prepares to buy land for South Lawrence route through Baker Wetlands, AP

Brownback announces 2012 water legislation and information sessions

Attracted to “Buy American” gifts this year? Try Kansas-made goods, Wichita Eagle

Trend: landline users more Republican than cellular users, LJ World

Food for thought: consistently we identify need for better teachers, but what about better parents? Thomas Friedman, NY Times

Spotlight on childhood poverty

Governor Sam Brownback‘s administration held three meetings this week on childhood poverty, giving attention to an issue that can easily be overlooked in tough, belt-tightening economic times.

In the first meeting, in Kansas City, Heritage Foundation fellow Robert Rector

said a dramatic increase in the number of children born to single mothers since the mid-1960s was “the principle reason that children are poor in your state.”

The statement has, as would be expected, created a great deal of controversy, understood by some as a suggestion that women’s decisions are the real issue, which may divert the needed attention on a serious problem: 18 percent of Kansas kids live in poverty.

Brownback said he understood there would be differences of opinion about how to make lives of children better. But, he said, there was no debate about the necessity to act.

“Something should be done,” Brownback said. “I’m not interested in things that aren’t going to work. I’m not interested in window dressing.”

“No idea is off the table. We hope to come up with some creative strategies,” SRS secretary Robert Siedlecki said in the same Topeka Capital-Journal story.

The effort certainly has its critics.

At the Wichita meeting on Wednesday, Occupy Wichita protesters demonstrated against Rector’s comments. (Audio from Kansas Public Radio.)

And in a scathing editorial earlier this week, Kari Ann Rinker, the state coordinator of the National Organization for Women (NOW), challenged the seriousness of Brownback’s intentions. Rinker argues that if the administration was serious about combating childhood poverty, it would not be so eager to cut the sort of public social services that would best serve poor kids.

Kansas children living in poverty need public education. They rely upon this education to elevate them out of their current standard of living. Brownback’s latest cut of $232 per pupil made a bad situation worse for these kids. We now have fewer teachers and more crowded classrooms.

Kansas children living in poverty need mental health treatment. Brownback has cut funding for residential mental health treatment programs for adolescents. According to the president of Prairie View in Newton, her agency has seen this funding cut in half.

Kansas children living in poverty need Children’s Initiative Fund programs. Brownback has given agencies a directive to reduce CIF expenditures in their proposed budget submissions. The SIDS Network of Kansas may see all of its state funding eliminated – 30 percent of its total budget.

Kansas children living in poverty include the children of undocumented immigrants. Brownback’s friend in the Kansas Department of Social and Rehabilitation Services, Robert Siedlecki, sent a memo stating that benefits to undocumented applicants will be reduced or eliminated entirely.

Kansas children living in poverty include those who are uninsured and underinsured. Brownback opposes the Affordable Care Act. He sent back federal grant money intended for implementation within Kansas. There are 347,400 uninsured Kansans, and nearly 75,000 of them are children.

Kansas children living in poverty are often the result of unintended pregnancies. Brownback is the leader in trying to strip Planned Parenthood of its funding. Kansas moms need affordable access to birth control.

Kansas children living in poverty need their moms to have access to early prenatal care. Kansas has the worst African-American infant-mortality rate in the nation and ranks 40th overall. Unlike other states, Kansas does not offer presumptive Medicaid eligibility to pregnant women living in poverty. They must wait for approval, which can take months. Early prenatal care increases a wanted pregnancy’s chance of a healthy outcome.

Kansas children living in poverty need funding. The money is there, but Brownback refuses to spend it. Budget forecasters recently stated that the state is expected to collect 6.2 percent more than it did in the past fiscal year. The 2012 budget left a surplus of $50 million.

Kansas NOW, the MainStream Coalition and a number of Democratic lawmakers expressed their concerns, too, that the governor intends to use the problem to fashion social policy that incentivizes marriage.

But, to his credit, Gov. Brownback has raised the profile of the issue. Considerably.

Recommended reading

Music education diminished as schools make cuts, Topeka Capital-Journal

Drought losses up to $1.8 billion for Kansas Ag, Hutchinson News

Governor apologizes to Native American tribes in week he calls for reconciliation, Topeka Capital-Journal

Kansas Citizens for the Arts to lobby 2012 legislature, Hutchinson News

Records shredding shadows criminal case against Planned Parenthood, AP

A different sort of public funding for campaigns, Lawrence Lessig

Governor’s Medicaid plan unveiled

In an effort to curb one of the fastest growing state costs, Governor Sam Brownback revealed a plan to integrate health services for Kansans receiving Medicaid benefits that could save $853 million over the next five years on Tuesday.

The plan, called KanCare, will reshuffle and integrate services at the Kansas Department of Health and Environment (KDHE), Social and Rehabilitation Services (SRS), and Aging and Human Services beginning in January 2013. (SRS would take on a new name – Children and Family Services.)

Critics challenged the lack of specificity of the plan, which is sure to have more detail as the executive orders that do the primary work of creating it are signed and the program’s start date draws nearer.

Medicaid is $2.8 billion of Kansas’ annual budget and has grown 7.4 percent annually over the past decade. There are 350,000 elderly and disabled Kansans currently on the program.

Video here:

Education plan coming next month

The governor’s other major reform plan (outside of taxes), will increase local control over education costs and yet still meet the constitutional mandates of equality and full funding, according to administration policy director Landon Fulmer.

But, “many state board [of education] members said it is difficult to judge how this plan will affect their districts without the specific numbers,” which are expected for the next Board of Education meeting in December.

Video from Kansas First News:


Recommended reading

Naumann, Jones urge legislature to leave immigration reform to federal government, Scott Rothschild, LJ World

Sen. Roberts: restore state authority to inspect underground natural-gas storage facilities, Wichita Eagle Editorial Board

Brownback: Statistics key to reducing child abuse, Scott Rothschild, LJ World

Topeka school district may add sexual orientation to anti-discrimination policy, AP

Emporia State to double scholarships available to students, AP

 

Putting the tax debate picture together

Budget director Steve Anderson, staff, Department of Revenue officials, legislative researchers and economists from the Kansas’ three largest universities recently projected tax revenues to exceed expectations by $205 million for fiscal year 2012, with another $88 million over that to roughly $6.3 billion for fiscal year 2013 (beginning July 1, 2012).

The rosy report, however, comes days after the Department of Revenue reported collections $4 million under expectations in October, displaying the volatility that exists in the current economic climate.

Another potential issue to affect tax revenue numbers will be the success of proposals sure to be tabled in the upcoming legislative session to reduce or even eliminate income taxes in Kansas.

“The only way to spur economic growth is to eliminate the income tax,” said Ashley McMillan, president of Kansans for No Income Tax[,] in a recent LJ World story.

Reports have emerged suggesting that a Missouri billionaire and long-time conservative supporter, Rex Sinquefield, could be a large part of the effort. There are no details as to the value of his contributions to the group, simply that he has made one.

(For more information about Sinquefield, see his bios as co-founder of the Show-Me Institute, “Advancing liberty with responsibility by promoting market solutions for Missouri public policy,” co-founder of a money management firm, Dimensional Fund Advisors, where he made his fortune, and his charitable foundation. There is also a Wikipedia listing.)

The group started its tour in Topeka and planned stops in Leavenworth, Pittsburg and Wichita.

Outside the Statehouse, about 35 people gathered, mostly Republicans and Republican staff members.

State Reps. Richard Carlson, R-St. Marys, who is chairman of the House Tax Committee, and Joe Patton, R-Topeka, spoke [picture here], as did Dave Trabert, president of the Kansas Public Policy Institute, and representatives from FairTaxKC.

Gov. Sam Brownback, a Republican, did not appear at the event, but his chief of staff, David Kensinger did. Kensinger said he showed up because he was promised hot chocolate.

Brownback has said he wants to get rid of the state income tax and his administration is working behind closed doors to propose a major tax overhaul for the 2012 legislative session (link), which starts in January.

Counter Argument

There are any number of rebuttals to the claims made against income taxes, not the least of which is that relying on other tax sources, particularly sales taxes, is a regressive system – taxing the poorest as a percentage of their income and wealth more than the richest of society.

However, the editorial board of The McPherson Sentinel makes more direct claims against the group (Kansans for No Income Tax statistics are at the bottom of this post):

One of the main arguments of Kansans for No Income Tax is that states with no income tax are experiencing more rapid growth than those with such taxes. In particular, the group points to the fact that Kansas ranked 37th in relative economic growth by nominal Gross Domestic Product, behind Washington (27), Texas (9) and Florida (18). Those three states have no state income taxes.

However, of the nine states without individual state income taxes, six ranked in the bottom 40 percent in change of real GDP since the recession of 2008. The only two states which continued to see negative change through 2010, Nevada (0.2 percent decrease) and Wyoming (0.3 percent decrease), are both free of such taxes.

Only two states, Texas and Tennessee, ranked in the top 40 percent, with Tennessee tied for the sixth most successful recovery by real GDP.

Among the five states with no corporate income tax, Nevada, South Dakota, Texas, Washington and Wyoming, 40 percent saw negative economic recovery by real GDP through 2010. Only one state, Texas, ranked in the upper 40 percent of states for its 2.8 percent growth.

Kansas ranked in the middle of the pack. It saw 2.1 percent growth, only 0.5 percent behind tax-free Texas and beating out seven of the nine states without state individual income taxes.

McMillan told the AP that the group has not yet settled on a single plan, that Kansas for No Income Tax is simply trying to generate public debate.

Let it begin.

More reading

Debate on tax cuts, spending intensifying, Lawrence Journal-World, Scott Rothschild

Tax reform, Kansas Policy Institute (Note: article makes many claims that you cannot check yourself via a link or cited report.) Pictures of their main talking points brochure:

Looking ahead: Governor’s goals for 2012 legislative session

Governor Sam Brownback took time to record this short video two weeks ago to outline his goals of the spring legislative session: tax cuts (comprehensive blog post coming later this week), reform of the school finance formula and water law. Take a look.

 

Holcomb plant still making news… without ever being built

A proposed coal-fired power plant in Holcomb, Kansas is back making headlines this week as the issue sits before the state Supreme Court, reported the AP.

In a letter this week to the Kansas Department of Health and Environment, EPA Region 7 administrator Karl Brooks took issue with KDHE claims in written arguments to the Supreme Court last month that the EPA didn’t have a problem with the permit for construction of the Sunflower plant near Holcomb.

“EPA has no substantial objection to the issuance of the construction permit,” attorneys for KDHE wrote.

Brooks’ letter said, “Kansas incorrectly informed the court” that EPA did not object.

The six-year-old dispute, which was originally a plan for two plants that was vetoed by then-Gov. Kathleen Sebelius in two consecutive legislative sessions, finally gained traction in 2010 under the leadership of Gov. Mark Parkinson, who struck a deal for one plant to gain approval from the Kansas Department of Health and Environment (KDHE).

Concern about the permit issued to Sunflower Electric to begin construction on the 750 megawatt plant arose in June, as the KC Star revealed a close relationship between the company and the regulating body, the KDHE.

The Sierra Club and Earthjustice have filed a lawsuit seeking to block construction of the power plant, which has been the subject of a six-year battle between supporters who say the plant is needed and environmentalists who believe the coal-fired plant will create harmful greenhouse gases.

Lawyers for the two groups argued in a filing with the court that the state permit issued by KDHE to Sunflower Electric Power Corp. did not comply with the Clean Air Act.

The brief claims the permit does not include enforceable limits on nitrogen oxides and sulfur dioxide pollution, failed to follow requirements to consider use of best available control technology and denied the public a fair opportunity to participate in the agency’s evaluation.

The state says the pollution levels it allowed in a permit for the plant are safe for humans, but the Sierra Club said in its lawsuit that those levels aren’t safe.

…Brooks’ letter said KDHE failed to tell the Supreme Court that it had received three letters from the EPA saying the permit was not strict enough.

Both KDHE and Sunflower Electric declined to comment on the issue. The EPA said Brooks’ letter speaks for itself.

The saga continues.

Recommended Reading

National healthcare politics puts Insurance Commissioner Sandy Praeger in bind, KPR

KPERS study commission has work cut out for them, AP

Kansas students post test score gains in math, reading, AP

Sections of K-10 to get two-mile barriers to prevent cross-over accidents that have become too common, AP (Project will cost $800K)

Wichita abortion clinic plans to open next year,  AP

Kansas Equality Coalition urges Hutchinson to end discrimination based on sexual orientation, The Hutchinson News, Ken Stephens

Jack Abramoff speaks, 60 Minutes (video below); Steve Kraske scoop, Prime Buzz

Kansas’ chief election officer fined for errors in campaign reports

Secretary of State Kris Kobach found his campaign fined for the maximum of $5000 Wednesday by the Governmental Ethics Commission over almost $80,000 that was omitted from campaign reports.

State Rep. Tom Arpke, Kobach’s campaign treasurer, was cooperative in questioning, but the real query is if such a failure implicates Kobach’s competency for the job to which he was elected?

Video excerpts from the meeting created by Kansas Watchdog.

Primaries, primaries, primaries

State Senator Jean Schodorf (R-Wichita), the majority whip, has drawn a conservative challenger in state Rep. Brenda Landwehr, continuing a trend of infighting in the Kansas GOP. Topeka Capital-Journal reporter Tim Carpenter noted the significance in a small blog post Tuesday.

The 2012 primary election is pivotal for state government because defeat of two moderate GOP senators by the conservative wing of the party would allow election of new leadership in the chamber. That would almost certainly result in placement of conservatives at the helm.

(Update: More stories such as Carpenter’s appeared from the Wichita Eagle Editorial Blog and Steve Kraske of the KC Star later in the week.) On the exterior, the challenges are presented as due to fiscal policy.

Landwehr said she was frustrated by moderates in the Senate who embrace “tax-and-spend policies.” 

However, the door is likely open to issues such as abortion…

Social issues remain front and center

Prosecutors have two weeks to determine if they can move forward with a criminal case against an Overland Park Planned Parenthood clinic filed in October 2007, Johnson County District Court Judge Stephen Tatum ruled Monday. From the AP:

The Planned Parenthood clinic in the Kansas City suburb of Overland Park faces 107 charges, including 23 felony counts alleging that it falsified documents. The records in question are the clinic’s copies of reports about individual abortions performed in 2003, which it was required by law to file with the Kansas Department of Health and Environment.

The health department provided copies to the Kansas attorney general’s office in 2004, when it was investigating abortion providers, but KDHE never formally certified its copies as authentic. In 2006, with the investigation still ongoing, Planned Parenthood was forced to turn over abortion patients’ medical files to a Shawnee County judge. They contained copies of the same reports.

…In September, [Johnson County District Attorney Steve] Howe subpoenaed the health department’s copy of the reports so that they could be compared in court with the documents produced by the clinic. But in a filing last week, Howe’s chief deputy, Chris McMullin, disclosed that the health department said its copies had been shredded in 2005.

There has been speculation that the shredding was purposeful, as the Sebelius administration was pro-choice and “Howe said health department officials told his office that similar paper reports from the late George Tiller’s clinic in Wichita from 2003 into 2010 had been kept.” However, a regulation issued in 1997 directs the KDHE to destroy paper copies of reports on abortions one year (ex. 2005) after the end of the year (ex. 2003) in which they were produced.

To read

Kansas Secretary of Transportation to step down after eight years, Prime Buzz

A growing worry about education, former Board of Education member Janet Waugh, Hays Daily News

Group advocates for elimination of income tax, AP

What a mess: Arts Commission laments dropped fundraiser, AP

Johnson County charter commission to decide Nov. 7 about recommending partisan elections, KC Star

The False Promise of Class-Size Reduction, Center for American Progress

Cynicism seems appropriate for Monday

Dorothy questions why the Tin Man, Scarecrow and Cowardly Lion never went into politics.Cartoonist Dan Piraro made a broad statement about American politics during the summer of 2010 using four familiar characters associated with Kansas. (Click the cartoon to see it full sized.)

While this is not true of all politicians, is this where we are lacking, or is there something else that creates the disfunction in our politics? Or is the perceived disfunction inherent, is the expectation that human beings be able to cut through the intricate policy positions and legislative wordings and financial contributions and opportunities for advancement and power reasonable?

You be the judge.