This Week at the Statehouse

We’re still getting “warmed up” in the Statehouse this week, especially due to the fact that Martin Luther King Day made this a shorter than usual week.  Most committees began hearing testimony on various bills by Tuesday or Wednesday.  It is very clear that the budget will be the focus of the legislative session, and deciding where to make cuts will be the most heated source of debate.  We’re still working through possible solutions, but I will have more to report in coming weeks.

I hope you will stop by to visit me if you are ever in Topeka.  Please be aware, however, that many legislators and committees are now located in Docking State Office Building, located directly west of the State Capitol.  The Statehouse is a bit of a maze as a result of construction, so if you do intend to visit for an event please be sure to call so I can help you find your way. 

Budget, budget, budget

The discussion this week again centered primarily on the state budget, although there was no major movement.  Both the House and Senate have been working their respective appropriations bills all week, both trending toward “across the board” cuts.

Across the board budget cuts are terribly inefficient and embarrassingly lazy.  When we are forced to cut back in our own homes, we don’t put equal weight behind all of our expenses.  There are always expendable items, like entertainment money or club memberships.  But, there are always items that must take precedence, like the mortgage or prescription medication.  The Legislature cannot operate under a standard different from what it expects of its citizens.  If we can’t pay the bills, we must carefully trim the budget in a manner that protects our most important investments.  We cannot recklessly slash it without regard to consequences on our state’s future.  This irresponsible approach only costs the state more in the long run.

The Governor’s proposed budget, which was introduced last week, could not account for new revenue estimates, which unfortunately proved to be much grimmer than the estimates she originally worked from.  Senate proposals are aiming for $100 million more in cuts than were included in the Governor’s budget, for a total of $300 million.  As your legislator, I fully recognize the need for reductions in the state budget, but I pledge to fight for the investments that matter most to you and your family.

This debate will continue next week.

House Energy Committee considers Renewable Portfolio Standard

The House Energy and Utilities Committee began discussions on the implementation of a Renewable Portfolio Standard this week under House Bill 2013. 

A Renewable Portfolio Standard (RPS) is a regulatory policy that requires utility companies to increase production of renewable energy sources (such as wind or solar), thereby decreasing use of nonrenewable energy sources (such as gas, oil, and coal) to generate electricity.  House Bill 2013 calls for public utility companies to generate at least 10% of their nameplate capacity from renewable resources.  Westar Energy, a large supplier of electricity in Kansas, has already voluntarily agreed to pursue this standard. 

Kansas has a vested interest in pursuing renewable energy development as aggressively as possible.  Wind is lower in cost than any other source of power and our state is ranked 3rd in the nation for wind energy potential.   Currently, 28 states have enacted a mandatory RPS. 

In terms of economic development, a mandatory RPS is the cornerstone of strong renewable energy policy because it indicates that our state is able to strongly facilitate the market.  By providing this regulatory certainty, we send a message to wind turbine manufacturers and developers that Kansas is open for business.  In the long run, this offers the potential for thousands of new, green jobs across the state.

Concerns were raised that a mandatory RPS limits the bargaining power of the consumer and could be unnecessary, as many utilities may reach the required limits on their own.  Additionally, some felt that it is unfair to use a mandatory RPS as a means of providing potential manufacturers and developers with a “definite demand” for their product.

Ultimately, there will be a definite demand for renewable energy regardless of whether we enact a mandatory RPS this session, but a mandatory RPS will put Kansas ahead of the curve in terms of attracting outside investments in wind energy projects. 

I expect other proposals regarding a mandatory RPS to appear in the Energy and Utilities committee over the next few weeks, but House Bill 2013 finally got the energy debate in Kansas where it needs to be: focused on developing long-term, clean, cheap energy sources that make Kansas stronger, protect our environment, and weaken our country’s dependence on foreign oil.

Bill proposes to suspend phase out of corporate franchise tax

This week the House Committee on Taxation heard testimony regarding House Bill 2028, which proposes to suspend the phase out of the corporate franchise tax.  Legislation passed in 2007 provided for the phase out of the tax, which was scheduled to be repealed in its entirety by 2011.  Yet, in this difficult budget year the Governor proposed that the Legislature suspend the phase out until our economic condition improves.    

The corporate franchise tax is one of the oldest taxes of state history.  The tax is levied on the net worth of corporations and limited liability partnerships.  Suspension of the tax will add $14 million back into State General Fund.  This is one of many difficult recommendations the Governor was forced to make to help fill the tremendous budget gap we face this year. 

Opponents of the proposal argued that the tax will discourage capital investment at a time when our economy needs it most.  On the other hand, over the last 20 years the Legislature has provided over 100 tax breaks to businesses and corporations, with the 2007 repeal of the corporate franchise tax being just one of them.  As we work through a $186 million deficit for this year’s budget and a $1 billion deficit for next year’s budget, every state agency and every community must be prepared to make sacrifices.  I will do everything in my power to protect every interest within our district throughout this challenging time.   I hope we will all remember though that we must all be willing to do our part to ensure that the needs of our most vulnerable citizens are protected.

House and Senate Democrats unveil Working Kansans’ Agenda

In the last year alone, 2.6 million Americans lost their jobs, the highest number of job losses our country has seen since the end of World War II.  During this difficult economic time, working Kansas families have endured the brunt of this burden.  As large corporations – such as Boeing, Cessna, and the General Motors Assembly Plant – continue to scale back or go out of business, many more workers will be forced to cut back their hours, work for lower wages, or lose their jobs altogether.

Kansas will recover from this recession, but if we don’t protect our hardworking Kansas families now, the long-term impact of this economic downturn will be much more far reaching and have much more damaging consequences to the future of our state. 

Here are the major components of our agenda:

Kansas Workers are the Backbone of the State
State retirees have not received a COLA since 1998.  This is inexcusable.  We have developed an innovative proposal that allows for the most deserving of state retirees to receive a COLA without having too great of an adverse effect on the state budget.

The Legislature authorized a new pay plan for state employees last session so that we can begin the process of making state employee compensation competitive with the private sector.  We must continue implementation of the pay plan so that state agencies can attract and retain a high quality workforce.

• Keep our commitment to the State Employee Pay Plan
• Protect KPERS Retiree Benefits
• Create a COLA for State Retirees based on years of service

“Thousands of Kansans have committed their working lives to the state,” said Hensley.  “Because of the fiscal constraints Kansas has been operating under for the past several years, however, state employee retirees have not received the financial recognition they deserve.  We must continue fighting for a more permanent COLA based on years of service, so that all Kansas retirees are adequately and fairly rewarded for their dedication to our state.”

Quality Education for Kansas Workers
The success of our school children is critical to the future of the Kansas economy.  We want to protect the significant investment that the Legislature has made in Kansas schools so that we can ensure that our children will be prepared to compete in the 21st century economy.

Apprenticeship programs are critical to improving our state’s workforce.  We believe the contractors doing business with the State should utilize registered apprenticeship programs so that Kansas workers have access to valuable training programs that help both the employee and the employer.

With many workers being displaced due to the current economic hardships, technical education colleges have a vital role to play.  We must ensure that technical education colleges are funded in a manner proportionate to the needs of industry in our state.

• Protect our investment in Kansas schools.
• Provide Kansas workers with access to registered apprenticeship programs.
• Better integrate technical education into our long-term solution for economic recovery.

We’ve made a tremendous investment in our schoolchildren over the last few years and we’re starting to reap the benefits of that decision,” said Representative Ann Mah, D-Topeka.  “Data has consistently proven that our investment in education pays off in the form of stronger students and, in the long run, better employees for 21st century jobs.  Abandoning our commitment now would be terribly punitive to our economic future.”

Kansas Workers Rights: Workplace Health and Safety
Many employers are circumventing the law by misclassifying employers to avoid state and federal requirements.  These employers must be held accountable.

We support criminal penalties for employers who misclassify employees so that we can put a stop to this practice.

A number of Kansas workers have been killed on the job and their families still cannot receive just compensation because of the current caps on wrongful death damages.  A mere $250,000 does not adequately compensate a widow or children who have lost a loved one on the job.  We support a new cap of $500,000.

• Support criminal penalties for employers who misclassify employees.
• Double the wrongful death cap from $250,000 to $500,000.

Fair Wages for Kansans and Kansas Products First
Kansas has the lowest minimum wage in the nation.  This is an embarrassment.  We support raising the Kansas minimum wage to the federal level so that the many thousands of Kansans who earn this wage can be fairly compensated for the work they perform.

The State of Kansas should do what it can to support products that are made right here in Kansas.  We are fortunate to have automobiles produced in Kansas City, Kansas by General Motors.  The State ought to give preference to purchasing automobiles produced at the Fairfax GM plant when new purchases are made.

• Increase Kansas’ minimum wage to equal federal law.
• Give preference to Kansas-made products.

“Working families drive the economy.  If a hardworking employee can’t make enough money to pay the bills, it will only push us deeper into recession.  Furthermore, higher costs of living paired with stagnant wages only contribute to an increased poverty level.  If we are going to help families move out of poverty, we must guarantee a wage that dignifies work,” said Representative Tom Burroughs, D-Kansas City.

Commission established to streamline government

In an effort to identify new ways to save taxpayer dollars, Governor Kathleen Sebelius on Thursday announced that she has signed Executive Order 09-01, forming the Facilities Closure and Realignment Commission.

The commission, whose majority shall be appointed by legislative leaders, will study the closure or realignment of state facilities.  The commission will consider the savings, impact to communities and feasibility of such actions, and make recommendations to the governor and the legislature on or before December 1, 2009.

Facilities to be considered include, but are not limited to: the Kansas School for the Deaf; the Kansas School for the Blind; the Beloit Juvenile Correctional Facility; the State Developmental Disability Hospitals; and the Rainbow Mental Health Facility.

Agencies were directed by Sebelius in 2003 to conduct a top to bottom review of state government.  To date, those efforts have eliminated $1 billion in wasteful spending and inefficiencies by selling off hundreds of unneeded state vehicles; consolidating the purchasing power of different levels of government; and collecting millions in delinquent taxes.

Governor Sebelius’ budget recommendations for 2010 already identify $8 million in savings by closing facilities and streamlining programs associated with the Juvenile Justice Authority; the Kansas Technology Corporation; Kansas, Inc.; and the Department of Commerce.

Kansas is facing unprecedented budgetary limitations, and we cannot afford to overspend on some state functions when we are cutting back on essential services for others.  Unfortunately, closing some facilities is a necessary part of the long-term solution to our budget woes.

Executive Order 09-01 is available at: http://www.governor.ks.gov/executive/Orders/default.htm

Local law enforcement receiving new training

To honor victims and promote January as Stalking Awareness Month, Kansas law enforcement officers are participating in extensive stalking law training sessions this week in locations across the state, including Colby, Salina, Johnson County, Independence, Hutchison, and Garden City.

Led by the efforts of Representative Ed Trimmer and former Senator Greta Goodwin, the Legislature last year approved a new law to help better protect victims of stalking.  Named after Jodi Sanderholm, a 19-year-old Arkansas City student who was abducted and murdered by a stalker in January 2007, this law strengthened Kansas stalking regulations by allowing police and prosecutors to intervene sooner in cases of stalking.

Stalking is a serious crime that affects millions of Americans each year and can have tragic consequences.  In the United States, it is estimated that more than 1 million women and 370,000 men will be stalked each year. Twenty-two percent of all stalkers sexually assault their victims, and many kill or seriously wound their victims. These training sessions will help law enforcement officers and agencies better protect citizens.

Victims of stalking can call 1-888-END-ABUSE to obtain local advocacy services. Information for stalking victims is also available in the Victim Services section of the Attorney General's Web site http://www.ksag.org/.