Newsletter from Rep. Stan Frownfelter, Weeks 3 and 4

Rep. Stan Frownfelter
Rep. Stan Frownfelter

by Rep. Stan Frownfelter

Week 3:

Slow start to session

It has been a slow start to things here in the Capitol this year. As you know, we have a projected budget shortfall of $14 million for the current fiscal year and a projected shortfall of $170 million for the next fiscal year. Some work has been done on the budget but the Republican leadership seems to be waiting on the January revenue numbers to come in before the budget is really worked on. Republican leaders are hoping the January revenue numbers will give them good news and help them solve the budget problems they have created. Considering the state has missed revenue expectations many times the last several months I doubt they will be getting the news they want. I will keep you posted.

School consolidation
Rep. John Bradford of Leavenworth introduced a bill recently that calls for school district “realignment.” When you dig into the details of the bill it becomes pretty obvious that realignment is really consolidation. Under the bill, most districts would consolidate into a single district per county with only the most populous counties having more than a single school district. It is estimated that the number of school districts statewide would be cut in half under this bill. This bill is simply another attack on Kansas schools. Our children’s schools need to remain local, our teachers need to remain local and public education needs to be local.

Kansas courts
You might remember from last week’s newsletter that the House voted overwhelmingly to pass a measure saving funding for the Kansas court system. The Senate held their vote on the same measure this week and it passed overwhelmingly with a vote of 39-1. I was happy to see my Senate colleagues support the measure and ensure our courts remain open.

Open government event
On Wednesday, a group called Open Kansas staged an event at the Capitol with the goal of raising awareness and advocacy of government transparency. The group was started as a result of the lack of transparency in state government. In the last few years we have seen the governor’s staff conduct state business on personal email, members of the legislature push back against having committee hearings streamed online, and a lack of government records available as open records. The launching of this group was perfect timing as just last week the Democrats in the Legislature presented several bills aimed at increasing government transparency and accountability. Kansans deserve a more open and transparent government.

Week 4:

It was a much busier week at the Capitol this week. The House voted against radically altering how our Supreme Court Justices are selected, January revenue was short $6.8 million, a committee made several changes to the governor’s budget and the school consolidation bill had a hearing. Committees continue to meet and they are starting to hear more and more bills. It is expected the House will debate the budget early next week with the Senate soon to follow. Fifteen days of session have come and gone out of a probable 90 days, although Republican leadership would like to end the session much before the 90 days.

Judicial power grab defeated

The full House debated HCR 5005, a constitutional amendment to change the way Kansas Supreme Court Justices are selected. Currently an independent nine-person nominating commission makes a recommendation to the Governor and the Governor then selects the justice.

Current System: Proposed System:
9 member nominating commission Governor appointment
Governor appoints Senate Confirmation

HCR 5005 would change it to where only the governor made the appointment with confirmation by the Senate. Supporters of the amendment contend the change is needed to make the Supreme Court more democratic. In reality, supporters of HCR 5005 are unhappy with recent decisions of the Supreme Court and they want to have the court packed with like-minded justices.

We depend on the courts to uphold the Constitution and to rule fairly and based on the law and not on popular opinion. These courts are vital to democracy and provide balance. Passing this resolution weakens the institution that we rely on to protect our rights and I voted No. Thankfully the amendment failed to gain the necessary two-thirds majority and failed 68-54.

Revenue misses the mark again
The January revenue numbers were released this week and the news was not good. Yet again, revenue did not meet expectations and the state was short $6.8 million in January. With the exception of November, revenues haven’t beaten estimates since February 2015. It’s time for Gov. Brownback and Republicans in the Legislature to admit that what we’re doing isn’t working. We can take our state in a new direction, but only if and when they are willing to do so. We are half way through the current fiscal year and until the root cause of the revenue misses is addressed, I expect continued misses resulting in large budget shortfalls. And a budget shortfall means more budget cuts by the legislature and the governor. The state is constitutionally prohibited from running a deficit, so creating a balanced budget is a top priority and the state needs a predictable revenue stream to accomplish that.

Budget changes
Also this week, in the Appropriations Committee, several amendments were made to the governor’s budget proposal. For instance:

• Department of Corrections officers were given a 2.5 percent pay increase
• The Children’s Initiative Fund was protected from being moved into the State General Fund
• Money was added to Osawatomie State Hospital.

While those changes are generally good, they are only needed due to the mismanagement of our state by Gov. Brownback and the Republican Legislature. Corrections officers need a pay increase to prevent the high turnover in the prison system that has led to real safety concerns for our officers. Our state hospitals have been mismanaged to the point that they no longer receive Medicare reimbursements, costing our state $1 million a month.

The changes also included:

• Punishing the University of Kansas for seeking bonding authority outside the state by restricting how the university can use their funds
• The Parents as Teachers program will remain means tested requiring parents to help foot the bill
• Money was taken out of the KPERS disability fund which provides funds to injured and disabled workers

The state and the budget have been mismanaged by Gov. Brownback and the Republican Legislature so much the last few years and the changes made to the budget this week does nothing to reverse course and get the state back on track. I am still reviewing all of the changes made, but I fear the changes only continue the cycle of mismanagement. It is expected the budget will be debated on the House floor next week.

School consolidation proposed
The House Education Committee held a hearing this week on a bill (HB 2504) to consolidate school districts. The bill requires all counties with 10,000 or less students to have one unified school district. Districts with less than 1,500 students would be required to merge. With the median enrollment of around 550 students per district, it is estimated that of the 105 counties in Kansas, 98 of them would face mergers. Currently there are 286 school districts and this bill would reduce that number to 132.

Current # of School Districts: School Districts left under HB 2504:
286 132

At the committee hearing on Wednesday (Feb. 3rd) there were 41 conferees in opposition including the KNEA, school districts, and school board members. Only three conferees testified in favor of the proposed bill: the representative who wrote the bill Rep. Bradford; Walk Chappell; and a retired businessman. Supporters of this bill claim it would save the state money but it does not. Our communities count on having a local school district and not shipping their children to another county for their education. This bill affects local control of our schools and I am strongly against it.

Keep in touch
It is a special honor to serve as your state representative. I value and need your input on the various issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 174-W, 300 SW 10th, Topeka, KS 66612. You can reach me at 785 296-7691 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail me at [email protected]. You can also follow the legislative session online at www.kslegislature.org.

Opinion: Why last week’s Kansas House vote on the Supreme Court was significant

Last week Democrats called a proposed constitutional amendment in the Kansas House a “power grab” by Gov. Sam Brownback.

The amendment, which was defeated, would have changed the way Kansas Supreme Court justices are selected. Currently they are selected by a nonpartisan judicial selection commission made up of members of the legal profession. The proposed method was nomination by the governor and confirmation by the Kansas Senate.

While the proposed method was similar to the way U.S. Supreme Court justices are selected, there are good reasons for Kansas to use the nonpartisan selection commission.

State Rep. Pam Curtis, D-32nd Dist., who voted against the amendment, with the rest of the Wyandotte County Democrats, pointed out the history of this current selection method.

According to a historical account online at the Kansas Historical Society, http://www.kansasmemory.org/item/228731, it happened about 60 years ago, and it was called the political “triple play.”

It happened when the incumbent governor, Fred Hall, was defeated for re-election in 1956. Chief Justice William Smith resigned because of ill health on Dec. 31, 1956, and Hall resigned as governor on Jan. 3, 1957. Lt. Gov. John McCuish then became governor for the remaining 11 days of Hall’s term, and during that short time, he appointed Hall to the Kansas Supreme Court.

The public was outraged over the unethical actions, and the Kansas Legislature approved a constitutional amendment changing the system to nonpartisan judicial selection, which was approved by voters in 1958.

Last week, according to the House Journal, a few legislators explained their votes, saying that they didn’t like the Kansas Supreme Court decision in the Wichita Carr case, or other decisions. Another legislator voted against the amendment, saying that he didn’t like the way that type of judicial selection is working in Washington, D.C., citing rulings he didn’t like. However, we think the state would be better served by selecting the best candidate, one who has a past record of good judicial decisions that follow the law, precedents and the constitution, not those who support a particular cause or political party.

While most of us are too young to remember the political triple play, the lesson should be clear: Voters in 1958 didn’t like insider back-room deals, and voters now wouldn’t like it, either.

The defeat of the proposed amendment last week, which would have allowed the governor to appoint justices, keeps the Kansas Supreme Court judicial selection out of the hands of politics and in the hands of the professionals who are best at evaluating their colleagues’ qualifications.

Leavenworth Road Association plans events

by Lou Braswell

Kansas City, Kan., Police Chief Terry Zeigler is scheduled to speak at the Feb. 9 meeting of the Leavenworth Road Association.

The meeting will start with a potluck dinner at 6 p.m. Feb. 9 followed by the program at 7 p.m. at the Eisenhower Recreation Center, 2901 N. 72nd.

A chicken casserole will be provided, with those attending bringing side dishes.

Phones are now working in the Leavenworth Road Association office. For a short while, it was out of service.

Also we will be the host of the Opening Day Breakfast at Wyandotte County Lake. Volunteers are appreciated, just let us know. The date is March 5.

Of course our breakfast fund raiser depends on the condition of the water – the opening day may be postponed if ice is on the lake. If the opening date needs to be rescheduled, we will not have Davis Hall to have the breakfast.

Lou Braswell is the executive director of the Leavenworth Road Association. To reach the Leavenworth Road Association, call 913-788-3988.