Category: Kansas Legislature

Senate tackles fresh redistricting controversy with state Board of Education map

State Board of Education proposes alternative focusing on status quo

by Tim Carpenter, Kansas Reflector

Topeka — The Kansas Senate leadership proposed Monday a redistricting map for the 10-member Kansas Board of Education that critics indicated unnecessarily placed four incumbents in head-to-head showdowns.

The proposed map ran into opposition when unveiled during a meeting of the Senate Redistricting Committee, which previously contributed to shaping new Kansas Senate and U.S. House maps. The state Board of Education boundaries must include four contiguous Senate districts.

Under the “Apple” map offered by Senate Republicans in the form of Senate Bill 577, districts of the state Board of Education would be modified to create a hypothetical race between Salina Republican Deena Horst against Garden City Republican Jean Clifford.

In addition, the proposed map could pit Democrat Janet Waugh of Kansas City, Kansas, against Democrat Melanie Haas of Overland Park. Waugh is unlikely to seek re-election in 2022.

Shifts contemplated by the Senate GOP could result in transitioning the board’s six Republican, four Democrat construction to an eight Republican, two Democrat split.

Five state Board of Education members must stand for re-election in 2022 if they want to remain on the board. The other five members would each serve a newly drawn district, even if they didn’t live within boundaries of that assigned district, until up for re-election in 2024.

Jim Porter, chairman of the state Board of Education, proposed an alternative map developed by members of the state board. It was named “Little Jerusalem Badlands,” a reference to the state’s newest state park, and labeled Senate Bill 576. It was based on redistricting standards endorsed by the Senate and House, including deference to incumbents.

He said the map followed new Senate boundaries and grouped together four contiguous counties for each Board of Education district. None of the current 10 members of the state Board of Education would have their residence drawn out of their current district, he said.

“This map was created by the Kansas State Board of Education for the Kansas State Board of Education, which has for the last decade developed a tight relationship with its districts,” Porter said. “We realize that populations shift, so some Kansans will have to adjust to new district constituents. However, we desire to keep these changes to a minimum.”

“Our proposal takes into heavy consideration existing district boundaries and incumbents. With only half the body up for election every two years, it is prudent to draw boundary lines that resemble current district lines as closely as possible,” he said.

The Senate committee didn’t vote on a map during its initial meeting, but plan to keep working this week on the mapping project.

None of the people submitting testimony to the committee were in support of the Senate GOP’s map.

Patrick Gouger, who lives in the Shawnee Mission School District and the 2nd District represented by Haas, said the GOP Republican map violated redistricting guidelines. He said it would dramatically change geographic areas served by board members, displace incumbents and neglect the goal of keeping school districts, cities and counties whole.

Gouger said it would split north Johnson County’s Shawnee Mission School District among three separate state Board of Education districts. The three state Board of Education members sharing that piece of Johnson County also would be responsible for diverse interests of residents of Wyandotte, Miami, Douglas, Leavenworth, Franklin, Osage and Shawnee counties.

“Let me be clear from the outset. SB 577 smacks of the aggressive, partisan overreach so favored by this committee throughout the 2022 redistricting process,” said Leslie Mark, who piggybacked on Gouger’s critique. “‘Apple’ is a rotten, worm-eaten gerrymander.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.

See more at https://kansasreflector.com/2022/03/28/senate-tackles-fresh-redistricting-controversy-with-board-of-education-map/

Native American legislator rejects GOP lawmaker’s apology for offensive remark

by Tim Carpenter, Kansas Reflector

Topeka — Rep. Ponka-We Victors-Cozad rejected Friday the apology of a House Republican who said during a House floor debate that he had to make certain Victors-Cozad was using a wooden gavel rather than a tomahawk to bring order to the chamber.

The incident occurred the same day a pair of Native American lawmakers in the House created history by simultaneously presiding over the chamber and carrying a bill on the floor. Victors-Cozad, a Wichita Democrat, was joined by Rep. Christina Haswood, D-Lawrence, as the House considered Wednesday a bill transferring one-half acre of land from the city of Shawnee to the Shawnee tribe where remains of tribal leaders were buried.

Victors-Cozad said the “racially insensitive” comment by Rep. John Wheeler, R-Garden City, was an abuse of his power as an elected member of the Legislature. She said his “slanderous” attempt at satire mocked her Native American culture and shouldn’t be tolerated by the Legislature.

“These remarks had no relevance in our sacred House chamber — to the business at hand — other than to instigate mockery towards myself and the Native people that I represent throughout the country,” Victors-Cozad said.

“I do not accept Representative Wheeler’s disingenuous apology. We as members of this legislative branch cannot allow this behavior to be tolerated without consequence in the people’s House,” she said.

Wheeler, who served as Finney County prosecutor from 1993 to 2013 prior to election to the House in 2017, was leading discussion of a bill altering the state’s approach to assessing competency of individuals prior to trial. As the volume of private conversation among House members elevated, Victors-Cozad tapped the House speaker’s gavel to signal the need to pay attention to Wheeler.

“Thank you, madam chair,” said Wheeler, who turned to face Victors-Cozad. “I was just checking to see if that was a tomahawk.”

The remark from Wheeler resulted in a combination of laughter and groaning among state representatives. Wheeler audibly chuckled at his sense of humor, before facing his colleagues and offering an apology.

“I am getting a point that that is apparently considered offensive,” Wheeler told House colleagues. “If it is, I certainly do apologize.”

He subsequently reached out to the three Native Americans serving in the House to express remorse for his commentary.

On Friday, Victors-Cozad said she wouldn’t devalue Wheeler’s religion, place of worship or culture. She expected Wheeler to offer the same reverence and respect of other Kansans as he did his own religion and culture.

“I would like to think our elected public officials would know and understand this principle,” Victors-Cozad said. “This is women’s history month and I am a proud Native American mother making history for the state of Kansas, and Representative Wheeler did his best to tarnish these accomplishments. I firmly hold him accountable to his words and actions.”

Wheeler, 74, is a member of the Legislature’s joint committee on state-tribal relations. It provides a bridge between the Legislature and the state’s four federally recognized tribes.

A backdrop to controversy in the House was the bizarre statement last month by Randy Watson, commissioner of the Kansas Department of Education, during an online educational program. Watson had said during the video conference that during his youth he tried to persuade children to fear for their safety when visiting Kansas because American Indians might attack them.

The Kansas State Board of Education emerged from an executive session to unanimously reject Watson’s offer to resign for the derogatory remark, but did suspend him for one month without pay. His suspension is scheduled to end Monday.

Rep. Stephanie Byers, a Wichita Democrat and of the Chickasaw nation, said the suspension of Watson wouldn’t be considered an appropriate response to an example of systematic racism confronted by American Indians. She said acceptance of Watson’s resignation by the state Board of Education would have been appropriate.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.

See more at https://kansasreflector.com/2022/03/25/native-american-legislator-rejects-gop-lawmakers-apology-for-offensive-remark/

Kansas Senate GOP fails to secure enough votes to pass anti-tax constitutional amendment

Controversial reform aims to mandate two-thirds majority on tax hikes

by Tim Carpenter, Kansas Reflector

Topeka — The Kansas Senate voted early Thursday to defeat a proposed constitutional amendment requiring bills raising taxes to earn support of two-thirds majorities in the House and Senate, and the chamber derailed a sales tax exemption for disabled veterans to thwart potential debate on a statewide reduction in the state sales tax on groceries.

The Senate struggled through dozens of bills during a marathon session, including hefty measures on the COVID-19 pandemic and taxation policy, before adjourning for a long weekend.

Senate President Ty Masterson, R-Andover, said he was disappointed Democrats and a sprinkling of Republicans denied Kansas voters an opportunity to decide on an amendment to the Kansas Constitution restraining tax hikes and an unrelated constitutional amendment mandating nominees to the Kansas Supreme Court undergo Senate confirmation.

Both resolutions failed to attract the minimum 27 votes to advance to the House. The tax amendment vote was 25-14, while the judicial amendment was closer at 26-13.

“With prices continually rising and inflation projected to continue for the remainder of the Biden administration, families are feeling the squeeze,” Sen. Masterson said. “They deserve to vote on whether it should be harder for the Legislature to take more of the peoples’ money.”

John Wilson, president and chief executive officer of Kansas Action for Children, said the Senate’s rejection of the tax resolution recognized state government ought to be nimble enough to respond to financial challenges threatening core state services.

“This outcome means our state can continue properly funding our public schools, fixing our roads and investing in our state’s future,” Wilson said. “This resolution would have been harmful to Kansas in the long term by locking us into our current unfair tax system by requiring two-thirds of both chambers to vote in favor of any tax increases or new taxes, but not for tax cuts.”

Sen. Tom Holland, D-Baldwin City, tried to amend a GOP-sponsored tax bill with a sales tax exemption on grocery and household items purchases by honorably discharged, 100% disabled veterans. He wanted to add it to a bill containing sales and income tax policy, but Senate Republicans decided inclusion of sales tax policy wasn’t germane to the base bill.

“These are our veterans who are 100% disabled. They have broken their bodies in their duty to America,” Sen. Holland said. “If this body can be so cold and calculating and heartless as to not give our veterans a sales tax exemption … I would say our values in this chamber are not germane.”

Sen. Masterson, the Senate’s president, said rejection of Holland’s amendment wasn’t about validity of the policy or emotional appeal of the idea.

“We’re a body of order and a body of rules. Otherwise, you have chaos,” he said. “It’s a game of bridges. That’s what the play is.”

In other words, if the Senate leadership allowed a sales tax for veterans on House Bill 2239 then it would be primed for an amendment sought by Democratic Gov. Laura Kelly to eliminate the state’s 6.5% sales tax on groceries. The potential for such a stunning tax shift was elevated by a projected $3 billion surplus in the state government’s budget.

Sen. Holland, irritated with lack of action on the unpopular food sales tax, indicated adoption of the tax break for veterans would have been followed by a motion to repeal the state’s sales tax on food. He said he was tired of waiting for the GOP to move a sales tax bill.

“When you don’t allow things to come across the Senate floor in orderly fashion as they ripen and mature from the committees,” he said, “the will, the voices of the people are ignored.”

Sen. Caryn Tyson, the Parker Republican and chairwoman of the Senate Assessment and Taxation Committee, pushed through 36-2 a bill that bundled a property tax freeze on seniors and on disabled veterans. House Bill 2239 also included a 10% increase in the standard deduction on Kansas income tax returns and a tax refund for a former hotel owner that was so narrowly written it applied to only one person.

During Senate debate, Sen. Tyson convinced her colleagues to include an amendment preventing the Kansas Department of Revenue from applying state tax to federal economic aid that flowed into Kansas to help businesses in the pandemic.

Sen. Molly Baumgardner, R-Louisburg, inserted into the same bill a potential five-year, $35 million tax credit for donors to community colleges and technical colleges for deferred building maintenance, capital improvements or equipment purchases.

She said the measure would prohibit a single person from donating more than $500,000 annually to a college for this initiative. The maximum a college could accept from all donors through the program would be $1 million per year. Only $7 million annually from 2022 to 2026 could be invested at all of these colleges for a maximum tax incentive of $35 million.

Sen. Tyson and Sen. Baumgardner also loaded up House Bill 2416, which passed on a vote of 26-11. Tyson gained approval of a potential $7,500 property tax rebate for businesses closed by government mandate at outset of the COVID-19 pandemic.

“It didn’t compensate for all the loss those businesses suffered. It would help under the circumstances,” Sen. Tyson said.

Sen. Baumgardner’s amendment to that bill established a state law requiring future closures of businesses by government order to include a property tax rebate for businesses.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/03/24/senate-gop-fails-to-secure-enough-votes-to-pass-anti-tax-constitutional-amendment/