Colyer, Kobach use pens to fight over Kansas school spending, taxes

by Madeline Fox and Jim McLean, Kansas News Service

They dueled with pens and camera-ready events. The two men split over what could become a defining issue in their battle to win this year’s governor’s race, and over whether Kansas needs to spend more to fix its public schools.

Gov. Jeff Colyer went to a Topeka high school early Tuesday — a performance he planned to repeat later in the day in Wichita — to sign into law a plan to balloon the money sent to local districts by $500 million-plus over the next half-decade.

“Education is one of the most important things that we do in Kansas,” Colyer said. “Our future is right here, and we have an exciting future ahead of us.”

Across town about an hour later, Kansas Secretary of State Kris Kobach signed his own document — a campaign pledge not to raise taxes. He called Colyer’s signing of the education funding bill a mistake, accusing the current governor of caving into judicial and political pressure for spending on schools Kobach contended was simply not needed.

“He should not have signed it,” Kobach told reporters at his press conference. “(Colyer) should not have encouraged the Legislature to pass such a huge spending hike.”

So on a weekday morning more than three months before a primary election, two of the leading Republican candidates for governor sought to draw as much attention as they could to their differing views on education funding and government more broadly.

Colyer’s day cast him as the man at the helm, guiding a troubled state through the stormy waters of school finance. Kobach tacked to the right and insisted that Kansas government is fundamentally broken, needing not so much a steady hand at the rudder as a dramatic change in course.

The split comes over some of the most critical issues of state government, schools and the taxes that pay for them.

Lawmakers passed an eleventh-hour school funding bill earlier this month in the face of a Kansas Supreme Court order. They were racing toward an April 30 deadline, when legal briefs are due spelling out what action the state had taken in response to the court’s ruling in October.

Colyer, who took over the governorship from Sam Brownback in late January, had urged passage of the bill. That aligned him with Republican moderates and Democrats and against the most conservative elements in his party.

It also led him to sign into law a measure with an $80 million shortfall that legislators will have barely a week to fix. On Tuesday at Seaman High School in Topeka, Colyer used that error to make his bill signing part celebration and part civics lesson.

Legislators, he told students and school board members positioned around him, are working on a “trailer bill” to fix the funding error. Then Colyer walked a lap around the gym high-fiving students.

Last Friday, Colyer passed on a chance to respond to Kobach’s attacks at a Republican governor’s candidate forum. On Tuesday, he said the people of Kansas have a “very clear choice” in the primary.

“As governor, what you do is you make solutions. You work with people,” Colyer said. “We’re actually getting things done, and (the bill signing) is an excellent example of actual accomplishment.”

He noted his “different style” from the more cable channel-ready Kobach.

“I don’t scream and shout,” Colyer said.

In his competing news conference, Kobach did not raise his voice. But he renewed his criticism of the school funding bill (“a disaster”). He condemned Colyer for signing legislation that the secretary of state insisted would for force lawmakers to raise taxes next year.

“It is inevitable that the Legislature next year will be sending a tax hike to the governor,” Kobach said. “We need a governor who is going to veto it, not a governor who has aided and abetted such a future tax increase.”

Colyer insists the school spending plan does not require a tax increase. Along with signing his no-tax-hike pledge, Kobach called on the Kansas House to pass a tax break bill already approved by the Senate.

Kobach, like other supporters, says the bill merely prevents the state from reaping a windfall for recent changes in the federal tax code. Lawmakers should instead, Kobach said, ensure that those tax breaks flow back to Kansas taxpayers.

“The starting presumption should be that the money belongs to the people.” Kobach said. “For the state government to intercept the federal tax relief and take it away from Kansans is wrong.”

The bill allows Kansas taxpayers to itemize deductions on state tax forms even if they’re not claiming them on their federal returns. It also accelerates the restoration of certain federal itemized deductions. Current state law doesn’t sync deductions for mortgage interest, property taxes and medical expenses with federal limits until 2020. The tax-break bill moves that up to 2018.

But the measure does more than “return” the federal tax windfall. It also dramatically increases standard deductions for all Kansas income tax filers. And it allows business owners to retroactively claim tax breaks they lost in 2012 when former Gov. Sam Brownback dramatically reduced income tax rates.

Paying for those changes in the tax code could cut state revenues by nearly $500 million, or roughly what Colyer and the Legislature are adding to school spending.

House leaders have said the state can’t afford both the tax breaks and the increase in school funding.

Steven Johnson, a Republican from Assaria and chair of the House Taxation Committee, said the school spending bill and a tax cut are at odds.

“There is not a way” to pay for the larger school funding plan, he said, “and return those dollars.”

Madeline Fox is a reporter for the Kansas News Service. You can reach her on Twitter @maddycfox. Jim McLean is managing director of the Kansas News Service, a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio covering health, education and politics. You can reach him on Twitter @jmcleanks. Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post.
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Cool and windy weather, with high fire danger, in today’s forecast

National Weather Service graphic

Today’s weather includes windy and dry conditions that could lead to high fire danger this afternoon, according to the National Weather Service.

Wind gusts may reach as high as 35 to 40 mph, however, humidity will be high enough to prevent a red flag warning, the weather service said.

Patchy frost is possible Thursday morning, especially along and north of the Missouri River, according to the weather service. Residents may want to protect any outdoor plants tonight.

Rain chances are decreasing for Saturday, particularly along and north of I-70, and no hazardous weather is expected this weekend, the weather service said.

Today, temperatures may reach a high of 52, with mostly cloudy skies. It will be windy, with a northwest wind of 18 to 25 mph, gusting to 34 mph, the weather service said.

Tonight, there will be widespread frost, mainly after 4 a.m., with a low around 33, according to the weather service. A northwest wind of 12 to 17 mph will decrease to 6 to 11 mph after midnight, and may gust as high as 28 mph.

Thursday, there could be widespread frost before 7 a.m., the weather service said. The high will be near 55 with a north northwest wind of 8 mph.

Friday, it will be mostly sunny with a high near 60 and a southeast wind of 5 to 9 mph, the weather service said.

Friday night, it will be mostly cloudy with a low of 43, according to the weather service.

Saturday, there will be a 30 percent chance of showers before 1 p.m., with a high near 57, the weather service said.

Saturday night, the low will be around 43 with mostly cloudy skies, according to the weather service.

Sunday, the high will be near 62 with mostly cloudy skies, the weather service said.

Sunday night, the low will be around 44 with partly cloudy skies, according to the weather service.

Monday, the high will be near 67 with mostly sunny skies, the weather service said.

Monday night, the low will be around 48 with partly cloudy skies, according to the weather service.

Tuesday, the high will be near 66 with mostly sunny skies, the weather service said.

State of Kansas takes control of 15 financially troubled private nursing homes

by Dan Margolies, Kansas News Service

The owner and operator of 15 Kansas nursing homes has consented to be placed in receivership after defaulting on payments to vendors and failing to meet payroll.

Kansas Department for Aging and Disability Services Secretary Tim Keck has been appointed receiver and will oversee operations of the homes, which are scattered across the state.

The owner, Skyline Health Care LLC of Wood-Ridge, New Jersey, previously acknowledged that it had insufficient funds to pay basic utilities and food service vendors.

The 15 Kansas facilities have about 845 residents and 950 employees, according to court documents. Three of the nursing homes are in Wyandotte County, one is in Johnson County and one is in Leavenworth County.

Keck said that Mission Health, a Tampa, Florida-based operator of nursing homes that already operates 14 skilled nursing facilities in Kansas, has assumed day-to-day oversight of the Skyline nursing homes.

“They have done a really good job of getting things organized and back to some level of certainty in the last week or so,” Keck said.

The next step, he said, is to find a new owner.

“It may or may not be Mission Health,” Keck said. “I don’t know if they will be interested in it or not. We have heard from several people that they are interested in some or all of the facilities.”

“Our end goal,” he added, “is to get all the facilities back on sound footing with some certainty and then turn them over to another operator in the next few months. We’ve got a pretty aggressive timeline.”

Mission Health has operated in Kansas since mid-2015, when it took over facilities previously operated by Deseret Health Group, which had become insolvent. In that case too, the Kansas Department for Aging and Disability Services facilitated the takeover.

Northjersey.com, a Gannett-affiliated website, reported Monday that Skyline had received millions of dollars in Medicaid revenues for the care of thousands of elderly residents in eight states. It said that Skyline, which operates out of a second-floor office above a pizzeria and barbershop, had expanded rapidly in the last couple of years, acquiring dozens of skilled-nursing homes from financially troubled chains.

Last month, Nebraska health officials placed 21 nursing homes and 10 assisted living facilities operated by Skyline in receivership. Kansas officials moved to take over the 15 facilities in Kansas five days later.

Keck said that legal action against Skyline could be in the offing.

“I think that’s something we will attack on many fronts, probably through some litigation,” Keck said. “And we probably need to take a fresh look at our regulations on that, as to what the state has the ability to look at going forward. … But I can tell you we’ll be very aggressive to make sure that Kansas gets what we’re entitled to make us as whole as possible when it’s all said and done.”

Skyline is owned by Joseph Schwartz. A bio he provided to the Pennsylvania Department of Health says he was born and raised in Brooklyn, New York, and is married with four children. It says he began his career in 1986 as an independent insurance broker and “has built a profitable portfolio of real estate investments throughout the North East Region.”

The bio goes on to say that Schwartz founded Skyline in 2005 “with the purpose of purchasing and managing health care facilities.” From November 2015 to the present, it says, he has acquired 76 health care facilities, including the ones in Kansas.

Calls to Schwartz were referred to Juda Engelmayer, president of a public relations firm called Herald Strategies. Engelmayer said Skyline was not trying to run away from its problems but it wasn’t in a position to discuss them now.

“I expect within a week you’ll be hearing from me,” he said.

Here’s a list of the 15 nursing homes:
• Chase County Care & Rehabilitation Center
• Downs Care & Rehabilitation Center
• Edwardsville Care & Rehabilitation Center
• El Dorado Care & Rehabilitation Center
• Eskridge Care & Rehabilitation Center
• Kaw River Care & Rehabilitation Center
• Lansing Care & Rehabilitation Center
• Neodesha Care & Rehabilitation Center
• Parkway Care & Rehabilitation Center
• Pittsburg Care & Rehabilitation Center
• Spring Hill Care & Rehabilitation Center
• Wakefield Care & Rehabilitation Center
• Wellington Care & Rehabilitation Center
• Wichita Care & Rehabilitation Center
• Wilson Care & Rehabilitation Center

The three Edwardsville nursing homes are Edwardsville Care and Rehabilitation Center LLC, Kaw River Care and Rehabilitation Center LLC, and Parkway Care and Rehabilitation Center LLC.

Dan Margolies is a senior reporter and editor for KCUR. You can reach him on Twitter @DanMargolies. Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post.

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