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This week’s links:

The future of KPERS… 

What are the details of the proposal on a different KPERS plan for future teachers and state employees?

Click here to read the KPERS issue brief on the plan.

Special Note: current employees would not be under this plan! Your plan can only be changed if a change includes a benefit enhancement!

Want to be a legislative know-it-all?

Stop hoping someone forwards this to you!

Subscribe to Under the Dome, KNEA’s daily legislative report.

School issues:

Salaries at Schools for Deaf, Blind

HB 2422, setting the salaries for teachers at the Kansas Schools for the Deaf and Blind to the Olathe teachers’ salary schedule passed the full House on a vote of 124-0. The bill has been proposed every year for four years by Rep. Arlen Siegfreid (R-Olathe) and, although it has never passed as is, the provision has been put into an appropriations bill. Siegfreid hopes this time the legislature will pass it and get it into law.

KNEA joined representatives of the schools in supporting the bill. KNEA lobbyist Mark Desetti asked legislators to pass the bill but also consider as a long-term solution treating teachers at these two institutions the same as all other public school teachers.

Desetti told the Committee, “This bill is a fix that would not be needed if teachers at those institutions were treated the same as their peers throughout Kansas. We believe that the Legislature should put the teachers at the Schools for the Deaf and Blind under the professional negotiations act. By doing so, you would give those teachers a say in their salaries, benefits, and working conditions and empower them to be a part of the solution.”

KNEA worked with the Senate Ways and Means Committee to have the sister bill, SB 338, amended so that all certified or licensed non-classified personnel at these schools would be covered. This amendment had been requested by the superintendents of the schools and it is supported by KNEA.

The amended bill was passed by the Senate Committee and then by the full Senate on a vote of 39-0.

The two bills are slightly different so they will have to be conferenced before they can become law.

It’s “amend-a-palooza” in House Ed!

Legislators call it “Christmas-treeing.” That’s when people start adding other bills and amendments to an underlying bill in an attempt to get some bit through that otherwise can’t seem to stand on its own. It usually happens on the House floor.

This week the House Education Committee took up SB 68 which lifts the sunset on non-proficient at-risk weighting. This weighting is a benefit to all school districts and has near universal support. In committee action, a number of amendments were proposed and passed.

Representative Eber Phelps (D-Hays) amended SB 69, the bill allowing districts to continue receiving COLA or declining enrollment weighting without going increasing their LOB, into SB 68. SB 69 sits far below the debate line on the House floor.

Representative Rep. Owen Donohoe (R-Shawnee) amended in HB 2343, the early graduation incentive for construction trades students. The House had added a tuition relief program to HB 2343 and the bill languishes in the Senate Education Committee.

Rep. Sue Storm (D-Overland Park ) amended in the contents of HB 2123 which was Chairman Aurand's transportation bill changing the 10-mile rule. The Senate Education Committee had gutted the original HB 2123.

The bill as amended then passed the committee.

House Committee strips children of undocumented workers of college opportunity

The House Federal and State Affairs Committee, known for their advocacy for extreme positions (this is the Committee that passed the book banning bill, the English as the official language bill, and the “no domestic registry bill), has passed HB 2367 which prohibits illegal immigrants from getting any state benefits.

Bill sponsor Lance Kinzer (R-Olathe) admitted to having no evidence of illegals getting benefits but had some “anecdotal information.” In his attempt to legislate by anecdote, he has managed to strip the children of illegal immigrants of in-state tuition rates. These rates were passed just three years ago and were subject to many repeal attempts – all of which failed – last year.

KNEA and KASB jointly testified against the bill because we believe it goes even further and would stop these students from even enrolling in a Kansas institution of higher education.

The bill is still subject to a vote of the full House and Senate action.

Kinzer has sponsored several highly controversial bills this year including the book banning bill and the bill prohibiting cities from enacting domestic partnership registries.

Higher Ed Issues:

Tech colleges? Same place they were in January!

Despite all the hoopla at the end of the 2006 session and the beginning of this session, technical education is right now just about where it was when the 2007 session started.

The big discussion was around the report of the Technical College Commission which has been given to many committees under the dome and generated one bill. HB 2556 which establishes a Technical Education Authority – a kind of board of supervision – under the Kansas Board of Regents has passed the House and was sent to the Senate Ways and Means Committee where it had a hearing but has not been acted on. The bill was in response to the governance recommendations of the Commission.

At the same time, HB 2014 extending the Technical and Vocational Education Commission passed the full house on a vote of 104-17 and moved over to the Senate where it still sits on the Senate debate calendar.

Deferred maintenance: all talk and no pay

The other 500 pound gorilla in the room (no offense to PSU intended) has been the issue of deferred maintenance at Regents institutions. As of today, not much has happened except talk.

This inaction continued even when the bursting of ancient pipes shut down a portion of Kansas State and allowed human wastes to drip into a classroom (and on to a professor) at the University of Kansas.

At this point in the session, the issue is still generating discussion and, after the rejection of the Governor’s plan to use increased turnpike tolls, the Republican leadership has teed up proposals to let counties with Regents universities raise their own sales or property tax, raise non-resident tuition and earmark the money for deferred maintenance, and make colleges use the interest they earn on tuition money for deferred maintenance.

In other words, don’t look for a real solution any time soon.

Tax Issues:

Will the Senate go cut happy?

The constitutional amendment that, if passed, would allow the legislature to cap property tax valuations for all Kansans over age 65 regardless of wealth still awaits action on the Senate floor.

This amendment takes some real explaining. It is a constitutional amendment that allows the Legislature to cap valuations for seniors – it would not automatically enact those limitations. Of course, any voter voting YES is likely to expect the Legislature to enact those limits.

In addition the amendment allows the Legislature to limit the application of the cap. For example, the Legislature could say only low-income seniors get the break. But this decision would be made after voters passed the amendment expecting that they would get the break. Which senators do you think would sponsor a bill to limit this tax break to only low-income seniors after Kansans had passed the amendment?

If passed, SCR 1602 would dramatically reduce revenue from property tax collections. Local units of government that depend on property taxes – cities, counties, and schools – would be forced to either cut services or raise mill levies to stay even.

Like every so-called tax cut, this is really a tax shift. Seniors would pay less while those under 65 and businesses would pick up the slack.

SCR 1602 has been sitting on the debate calendar of the full Senate for some time now. Hopefully it won’t come up for debate.

KPERS Issues:

House Republicans (and one Democrat) vote to endorse second-class status for retirees!

In floor action this week the Kansas House of Representatives, on a nearly party-line vote, rejected an amendment by Rep. Geraldine Flaharty (D-Wichita) to restore professional status to retired teachers who return to work.

Last year the House stripped these teachers from the definition of “professional employee” thereby stripping them of any salary, benefit or working condition guarantees. The Flaharty amendment would have reversed that action.

The action came as the House debated SB 362, the second tier KPERS benefit structure for new employees. Flaharty rose to offer her amendment and was followed by Bill Otto (R-Leroy) and John Grange (R-El Dorado) who argued it was good to keep these teachers out of the definition and Ann Mah (D-Topeka), Annie Tietze (D-Topeka) and Dale Swenson (R-Wichita) who argued for fair treatment of teachers and bargaining rights.

Rep. Richard Carlson (R-St. Mary’s) unsuccessfully challenged the germaneness of the amendment in an attempt to get consideration thrown out. Rules Chairman Clark Shultz (R-Lindsborg) ruled that the amendment was germane to the underlying bill as both dealt with retirement under KPERS.

On a requested roll call vote, the amendment failed 49-70. Five Republicans joined 44 Democrats in supporting teachers while only one Democrat voted against the amendment.

The five Republicans who supported teachers on the vote were Rocky Fund (Hoyt), Don Hill (Emporia ), Deena Horst (Salina ), Tim Owens (Overland Park ), and Dale Swenson (Wichita ).

The lone Democrat to vote against restoring these teachers to the definition of professional employee was Tom Hawk (Manhattan ).

Democrat Cindy Neighbor (Shawnee ) did not vote; Democrat Marti Crow (Leavenworth ) was absent.

This means the loophole in the law that allows only school districts to pass the KPERS rates on to retired employees who return to work. While the law says the employer shall make the KPERS contribution, school districts can pass that on to the employee through reduced salary or benefits.

Passage of the Flaharty amendment would have restored professional status to these retired professionals and had no cost to the state.

House amends two-tiered KPERS with a “semi-COLA”

After rejecting fair treatment for teachers, the House amended SB 362 on a vote of 70 to 50. They then attached what can only be described as a “semi-COLA” to the bill.

As COLAs for current retirees continue to die long slow deaths in committee rooms, Rep. Harold Lane (D-Topeka) took it upon himself to get something moving. A motion by Lane to provide a one time $500 payment to KPERS retirees who have been retired for 10 or more years managed to pass the full House today. Payment for this “COLA” will come right from KPERS and so have no impact on the state budget.

SB 362 as amended was then passed on a vote of 111-10.

Since the House version of this Senate bill was amended, they will have to go to conference to work out the differences – the “semi-COLA.”

Click here to read the KPERS document comparing the two benefit plans.
 

The End is Near!

The session is coming to its end! Most committees have stopped meeting and all action has moved to the floor as legislators scramble to meet the deadline for passage of bills from the second chamber.

With the last day of the session scheduled for April 3, legislators have reserved Monday, Tuesday, and Wednesday for floor debate. Conference Committees will get into high gear starting on Thursday. That will allow for four days to get the whole ball of wax wrapped up.

Following a break of about two and one half weeks, legislators will return for the traditional “veto session.” Veto sessions are meant to last three days but can be – and often are – extended.  

Your bill tracker

HB 2343, the early graduation incentive program for students going into the construction trades has been rolled into SB 68.

SB 109 allowing school districts to pay employees at the first regularly scheduled pay date even if that is before September, was moved out of House Appropriations on  Friday and put on the House Consent Calendar where it should pass without debate.

HB 2140, declaring English to be the official language of the state but allowing schools and other units of government to continue to serve the public in other languages, passed both chambers but is now subject to a conference committee.

HB 2185 which would allow Kansans who have left the state to return within five years and qualify for in-state tuition was amended in the Senate before being passed. It now awaits review by a House/Senate conference committee.

HB 2310, requiring schools to have policies on bullying and programs to implement those policies, passed both chambers but is now subject to a conference committee.

SB 69 which would allow districts to use the declining enrollment and cost of living local property taxes if they have an LOB of at least 25%. Current law requires the maximum LOB. The House Education Committee amended the bill into Senate Bill 68.  

SB 129 is an adjustment in the school safety and security act to give districts and law enforcement more reasonable time limits and protect the rights of students. It has passed from the House Ed Committee to the full House where it awaits consideration.

SB 144 which extends the statewide 20 mill property tax levy for schools for another two years passed the Senate unanimously and now sits in the House Taxation Committee.

KNEA Legislative Contacts

Blake West, President
Mark Desetti, Director, Legislative and Political Advocacy
Terry Forsyth, Director, Political Action

The KNEA Lobby Team consists of elected leaders and staff. The Lobby Team welcomes member feedback on issues before the Legislature and on this site.