Guest column
Opinion
by Sen. Steve Fitzgerald, R-5th Dist.
Quote of the week
“Education spending will be most effective if it relies on parental choice and private initiative — the building blocks of success throughout our society.”
– Milton Friedman
Freedom is not free
On the Korean War Memorial in Washington, D.C., is the inscription “Freedom Is Not Free.” Clearly it refers to the price paid on the battlefield for the freedom of the South Koreans. However, the price of freedom is paid by us all when we engage in the political arena and sacrifice the time, efforts, and money we could put in so many other places.
Self-government is difficult and often messy. The alternative is unacceptable.
Please, be informed and involved.
Website – www.kslegislature.org.
Great for looking up bills, calendars, journals, as well as the Roster in each Chamber.
YouTube of Legislature – http://bit.ly/2CZj9O0 The YouTube page has an archive of the sessions thus far – including the State of the State and the State of the Judiciary.
Committee streaming – http://sg001-harmony.sliq.net/00287/Harmony/en/View/Calendar/
The Kansas Legislature is also streaming committee meetings, with every committee room equipped with audio streaming technology.
Last week there were several amendments offered on the floor of the Senate that would seriously limit your constitutional rights to self-defense. I am glad to say that they were defeated with better arguments and facts. See the comments under Floor action and at the end of the newsletter, below. Unfortunately, the same cannot be said for the right to free speech on campus. The provisions of the bill, SB 307, were misrepresented, and it failed by one vote. Campus administration can now limit speech to “free speech zones” and nowhere else on campus. “Controversial” speakers can now be kept off campus The closing of the American mind continues. I believe that other senators were ready to vote against the bill if needed. Once again, much happens out of sight.
Besides reporting on floor action last week and next week for upcoming legislation I have included additional information at the end of the newsletter.
I am always interested in your thoughts, questions, and opinions.
Quick facts
· Fiscal year 2016-2022, Kansas will have a $300.7 million deficit, according to the State General Fund Profile. This does not include additional funding to K-12 education and continues to transfer sales tax from the State Highway Fund. (Kansas Legislative Research Department).
· Positive job growth has been reported for four of the five metropolitan areas since December 2017 with Kansas City reporting the largest gain of 800 jobs (Kansas Department of Labor).
· The nation spends almost one trillion on education collectively. During 2016, federal, state, and local governments in the U.S. spent $922 billion on education. This amounts to 5.0 percent of the U.S. gross domestic product, 15 percent of government current expenditures, and $7,330 for every household in the U.S. These numbers, however, do not include land purchases for schools or other facilities, some of the costs for durable items like buildings or computers, and unfunded liabilities of post-employment non-pension benefits like health insurance. (Source: https://www.justfacts.com/education.asp)
· School choice programs are common across America. As of 2016, the Friedman Foundation for Educational Choice has identified 61 school choice programs in 31 states and the District of Columbia. (Sources: https://www.justfacts.com/education.asp#_ftn521 and https://www.edchoice.org/school-choice/school-choice-in-america/)
· Daily Oklahoman Editorial Board: Oklahoma needs more, not fewer agencies helping children. http://newsok.com/article/5587203
Key Excerpt: “Oklahoma’s Catholic bishops and the Baptist General Convention of Oklahoma have voiced support for SB 1140. They note that in some states where legal protections are not provided to faith-based private providers, such as Massachusetts, Illinois and California, faith-based agencies have been forced to close after regulations mandated changes to their adoption criteria in violation of the groups’ religious principles.”
“Fewer providers means fewer children being placed in safe foster homes and fewer children being adopted. That’s a high price to pay to allow some parties to engage in empty virtue-signaling.”
The Senate Federal and State Committee Affairs Committee will hold hearings on SB 401, bills protecting faith-based adoption agencies – see Next Week, below.
· Restricted speech becoming more common across college campuses. The issue of free speech is a contested topic that has grabbed the attention of everyone from school administrators to the United States Attorney General: http://thehill.com/opinion/civil-rights/354737-free-speech-week-restricted-speech-becoming-more-common-across-college, and https://www.thefire.org/spotlight-on-speech-codes-2018/)
· Forbes: State Legislatures have A duty To protect free speech at public universities https://www.forbes.com/sites/tomlindsay/2018/02/27/state-legislatures-have-a-duty-to-protect-free-speech-at-public-universities/#45dbceeb4812
Key excerpt: “The answers to these questions are straightforward: The First Amendment does not enforce itself. Yes, senior administrators are responsible for upholding the First Amendment at public colleges and universities. Yet the existence of unconstitutional speech codes and of protesters’ “shout-downs” of invited campus speakers testifies to the fact that some of these institutions and administrators need additional support in their efforts to protect the conditions of teaching and learning.”
This past week, the Kansas Senate fell one vote short of enacting protections for First Amendment rights on college campuses. This editorial discusses why state legislatures have a duty to protect free speech. See floor action, below.
Floor action
Motorcycle approved safety training curriculum (SUB HB 2194): exempts applicants for Class M (motorcycle) driver’s licenses who have completed training recognized by the Kansas Department of Education and the Motorcycle Safety Foundation from completing further written and driving testing by the Division of Vehicles. The driving examination required for licensure shall be administered by the Division of Vehicles, the U.S. Department of Defense, or as part of a recognized curriculum. This bill passed the Senate 40-0.
Alcoholic candy (HB 2476): defines “alcoholic candy” as any candy or other confectionery product with an alcohol content greater than 10 percent alcohol by volume. Alcoholic candy is subject to regulation by the Alcoholic Beverage Control Division of the Kansas Department of Revenue, and retailers will be required to have a liquor license to sell such products. The bill increases an exemption for the alcohol allowed in confectionery products under current law regarding adulterated foods from less than 0.5 percent to not more than 1.0 percent.
The bill also allows microbrewers to produce beer containing up to 15.0 percent alcohol by weight. Current law prohibits microbrewers from producing beer with more than 10.0 percent. This bill passed the Senate 38-2. I voted for this bill.
Emergency or catastrophe (HB 2469): prohibits local units of government from imposing restrictions or enforcing local licensing or registration ordinances on insurance claims’ handling operations during any catastrophic event threatening life or property. Insurers must notify the city or county prior to establishing a claims handling operation. This bill passed the Senate 40-0.
Offender’s criminal history classification (HB 2567): clarifies the comparable offense to be used for comparison for misdemeanor crimes in another jurisdiction is the offense under the Kansas Criminal Code in effect on the date the crime was committed.
If Kansas does not have such comparable offense, the out-of-state crime would not be used in classifying the offender’s criminal history. This bill passed the Senate 40-0.
Tribal regalia and objects of cultural significance at public events (HB 2498):House Bill 2498 keeps state agencies and municipalities from prohibiting any individual from wearing tribal regalia or objects of cultural significance at an event held or sponsored by a state agency or municipality, including, but not limited to, an award ceremony, a graduation ceremony, or a meeting of a governing body. The bill is to help further the state’s recognition of the distinct and unique cultural heritage of Native Americans. This bill passed the Senate 40-0.
Changing licensure requirements for child care facilities (SB 428): changes requirements for a child care facility operating in a public recreation center or school. It does not include child care facilities located in an individual’s residence. This bill passed the Senate 40-0.
Campus free speech protection act. SB 340 was introduced to protect all students’ First Amendment rights and helps to prevent unfair treatment due to students’ individual beliefs. Censorship on college campuses has been an issue throughout the nation in recent years, growing even more common since the 2016 election. The implementation of free-speech zones act as restrictive measures where students are only allowed to express their beliefs in designated areas on campus. Legislators argued during debate that as state institutions, students should be allowed to exercise their First Amendment rights throughout the entire campus. This bill failed 20-20 (21 votes are needed to pass). I voted for this bill.
Clarifying juvenile offender review requirements (HB 2454): expands the permitted use of two-way electronic audio-visual communication between the juvenile and the judge. It also states that hearings are not required for a juvenile offender held in detention awaiting case disposition. If a juvenile is being held in detention, sentencing is to take place within 45 days after the juvenile has been adjudicated. This bill passed the Senate 40-0.
Prohibiting gun ownership if convicted of domestic violence. (HB 2145): prohibits gun ownership to those convicted of a misdemeanor domestic violence offense within the last five years. It also clarifies that individuals can only be held accountable if they possess a throwing star and have an intent to harm another person. This bill passed the Senate 40-0.
Firearm reciprocity. (HB 2042): allows recognition of out-of-state concealed carry permits. The bill was hard fought and a number of amendments were kept from being put on the bill. See the paragraphs at the end of the newsletter This bill passed the Senate 25-15. I voted for this bill.
Executive order on drought and wildfire hazards
On Monday, Gov. Jeff Colyer signed an executive order covering all 105 counties in Kansas on the hazard of severe drought and wildfires. He placed 28 counties in emergency status, 29 in warning status, and 48 in watch status. The executive order comes after several wildfires took place over the past week.
The most severe region in the state includes Hamilton, Barton, Rice, Reno, Sedgwick and Sumner counties. The least threatened areas include counties on the Nebraska line and northeast Kansas along the Missouri border.
India Day at the Statehouse
India Day at the Kansas Capitol was held on Wednesday, March 14. The event promoted Indian culture and recognized prominent Indian decision makers from across the state. There were numerous tables in the Capitol rotunda that showcased different regions, religions, arts, and culture of India.
This week
Tuesday –
· Hearing on: SB 444, decreasing the sales and use tax rate on food and food ingredients – [Senate Assessment and Taxation Committee, March 20 at 9:30 a.m.]
· Hearing on: HB 2604, secretary of state; posting precinct level election results; certain offices – [Senate Ethics, Elections and Local Government, March 20 at 9:30 a.m.]
· Hearing on: HB 2642, elections; corrupt political advertising – [Senate Ethics, Elections and Local Government, March 20 at 9:30 a.m.]
· Hearing continuation on: Proponents SB 401, creating the adoption protection act – [Senate Federal and State Affairs Committee, March 20 at 10:30 a.m., Room Change: 346-S]
· Hearing on: SB 431, creating the extreme risk protective order act – [Senate Judiciary Committee, March 20 at 10:30 a.m., Room Change: 144-S]
· Hearing on: HB 2566, making the criminal penalty for possession of THC equal to the criminal penalty of possession of marijuana – [Senate Judiciary Committee, March 20 at 10:30 a.m, Room Change: 144-S]
· Informational hearing on: HB 2701, establishing the statewide broadband expansion task force – [Senate Utilities Committee, March 20 at 1:30 p.m.]
· Hearing on: SB 422, requiring a minimum local option budget and requiring local school boards to notify the state board of education of their intent to increase local option budget authority – [Senate Select Committee on Education Finance, March 20 at 1 p.m. in 144-S]
Wednesday –
· Hearing on: HB 2416, income tax credit for certain purchases of goods and services by a taxpayer from qualified vendors that provide employment to the individuals who are blind or severely disabled – [Senate Assessment and Taxation Committee, March 21 at 9:30 a.m.]
· Informational hearing on: SB 49, elections; registration; election day registration – [Senate Ethics, Elections and Local Government, March 21 at 9:30 a.m.]
· Hearing on: HB 2496, enacting the nurse licensure compact – [Senate Public Health and Welfare Committee, March 21 at 9:30 a.m.]
· Hearing on: Opponents SB 401, creating the adoption protection act – [Senate Federal and State Affairs, March 21 at 10:30 a.m., Room Change: 346-S]
· Hearing on: HB 2648, including federal law enforcement officers in assault and battery against a law enforcement officer – [Senate Judiciary Committee, March 21 at 10:30 a.m., Room Change: 144-S]
· Hearing on: Senate “simplified transportation formula” – [Senate Select Committee on Education Finance, March 21 at 1:30 p.m. in 144-S]
Thursday –
· Hearing on: SB 376, increasing the rates of taxation of cigarettes and tobacco products; establishing the cigarette and tobacco product cessation fund – [Senate Assessment and Taxation Committee, March 22 at 9:30 a.m.]
· Presentation on: Concurrent Enrollment and ACT – for all High School – [Senate Select Committee on Education Finance, March 22 at 1 p.m. in 144-S]
2018 session dates and deadlines
Friday, March 23 Last day for non-exempt committee consideration
March 26-28 On floor all day
Thursday, March 29 On floor all day; Last day to consider non-exempt bills not in originating chamber
Friday, March 30 No Session
Friday, April 6 Drop dead day; first adjournment
Thursday, April 26 Veto Session begins
Thursday, May 4 Day 90
Taylor education study revealed – more questions than answers
Here is an article (http://www.cjonline.com/news/local/state-government/2017-11-06/kansas-legislative-leaders-set-aside-400k-lawyers-experts-k) discussing the matter around the time legislative leadership ordered the study.
Unfortunately, the report contains important errors, particularly in the tables discussing specific school district enrollment figures. A corrected version will be available early this week.
Most alarming to many was the level of spending the report seemed to call for – in one scenario, the report seems to call for $2.1 billion in additional spending, on an annual basis, by the end of a five-year period, a staggering 44 percent increase over what the report said we are currently spending.
The scenario with the smallest increase called for almost $500 million more in annual spending by the end of the five-year period.
Senate falls short of protecting free speech rights on college campuses
Throughout the country, free speech rights are under assault on college campuses through a variety of means, such as free speech codes, restricting free speech to tiny “free speech zones”, exorbitant “security” fees, or even uninviting speakers. If that doesn’t work, those opposed to the speech will try to intimidate the speaker into not coming or even disrupt the speech, rather than simply countering it with speech of their own.
The claims of some that these things don’t happen fly in the face of facts, such as those outlined in this editorial by Cathy Young. Another editorial by Tom Lindsay discusses why legislatures have a duty to protect free speech rights on college campuses. Many states have responded, including Florida, just this month. This is the goal of the Campus Free Speech Protection Act.
Unfortunately, during the debate on Wednesday, opponents (mostly Democrats but also some Republicans) of amplifying free speech rights under the First Amendment made several “red herring” style arguments to gin up opposition to the bill. One of their complaints was that faculty should have the same rights as students, ignoring the fact that faculty are employees of the university, under contract to teach. While university faculty certainly have broad free speech rights under the First Amendment, universities (as employers) have the right to ensure their first duty (to teach) is being done in a way reflective of their respective institutional values and mission.
Ultimately, the bill failed narrowly on a 20-20 tie vote (21 votes were needed for passage). This means that the Kansas Senate sent a message to college students across Kansas that their free speech rights will, unfortunately, not be protected.
As legislators have demonstrated in both Congress and the Kansas Legislature, the best way to counter speech you don’t like is via speech you do like, not by shouting or shutting down those you disagree with. While there is room for reasonable time, place, and manner restrictions, what we have seen on college campuses is a threat to free speech, which is at the heart of the First Amendment.
Second Amendment watch: Senate passes conceal carry reciprocity, withstands barrage of Democratic amendments
Not satisfied with their undermining of the First Amendment, the same day the Campus Free Speech Protection Act was defeated, Democrats then turned to their favorite target – the Second Amendment. While the Second Amendment clearly states that the right of the people to keep and bear arms shall not be infringed, that isn’t stopping liberal efforts to do so.
On Thursday, this came via repeated attempts to amend HB 2042, the conceal carry reciprocity bill. This bill would require the state to recognize conceal carry licenses issued by other states to individuals who are not Kansas residents (and vice-versa). This bill was a common-sense protection of Second Amendment rights and was carried on the floor by Sen. Ty Masterson.
For four hours, Second Amendment supporters in the Senate withstood all attempts by Democrats and a handful of the most liberal Republican senators to undermine Second Amendment rights. This included an attempt to repeal “constitutional carry,” an attempt to repeal “campus carry,” an attempt to raise the age for purchasing a rifle to 21, an attempt to prohibit bump stocks, and an attempt to institute a “red flag” law that did not include due process rights.
Each time, their attempts failed – by varying margins. In the end, HB 2042 passed without amendments, 25-15. For a record of how senators voted on particular amendments, please view the Senate Journal from Thursday (http://kslegislature.org/li/b2017_18/chamber/documents/daily_journal_senate_20180315194758.pdf). It now heads to conference with the House, whose version included two amendments.
Senate Education Committee holds hearing on education inspector general bill
The Senate Education Committee held a hearing on Thursday afternoon on the bill creating an Education Inspector General, authored by Senators Ty Masterson and Mary Pilcher Cook. Both Sen. Ty Masterson and Sen. Pilcher Cook provided testimony in favor of the legislation (which you can read below), as did Kurt Knutson, the founder of Freedom Bank and a member of the State Banking Board. Knutson has been highly involved in grassroots efforts to support the Blue Valley School District.
This legislation will give Kansas citizens the assurance that their K-12 education tax dollars are being distributed according to state law. As we have recently become aware, a Legislative Post Audit study discovered the Kansas Department of Education misappropriated up to $400 million in funds for education for over 30 to 45 years, revealing that the Kansas Legislature, for far too long, has not had proper accountability and transparency measures in place for over 50 percent of the state budget. This must be corrected to ensure there is integrity in the education funding system.
The education inspector general would be appointed by the state treasurer’s office, responsible for writing checks to distribute state funds, including dollars for education. The person would have the knowledge, skills, abilities and experience to conduct audits or investigations. The complex education finance formula would then have oversight by two individuals – one from the State Board of Education and another from the State Treasurer’s office. An education inspector general, coming from an independent government agency, would instill accountability back into the system.
The bill’s language was copied from the Medicaid Inspector General statute, but instead of the appointment being made by the attorney general’s office, which is mostly concerned with fraud, the appointment would be made by the state treasurer’s office, which is concerned with the state’s finances. The appointment would require confirmation by the State Senate.
The short-term outcome regarding the unlawful allocation of funds remains to be a serious consideration. But in addition, it is essential this situation not be allowed to happen again. It is the duty of the Legislature to assure Kansas taxpayers that the billions of dollars they spend for education funds is being spent according to their will, established in state law. This is a needed measure that will insert transparency and accountability into the system. If our school finance system is to be trusted, it must not be under the purview of only one person.
-Sen. Mary Pilcher-Cook
The school finance formula is notoriously complicated, so complicated that many believe only one man knows the fine details or even precisely how each part works.
This complexity and the importance of school finance calls for an extra layer of accountability, a position solely dedicated to ensuring education tax dollars are lawfully spent. In this era of calls for increased transparency, now is the time to take decisive action. This is the essence behind the Education Inspector General we are proposing in this legislation. By being appointed by the State Treasurer and not the Governor or the Legislature, it ensures there is a separation that will keep the position from being politicized and instead focus it on the singular, yet critical task of ensuring accountability over these critical expenditures.
– Sen. Ty Masterson
Sen. Steve Fitzgerald, R-5th Dist, represents part of Leavenworth County and part of western Wyandotte County.