After a busy week, I am very happy to be back in Kansas through the April recess. Please see this list of stops on our April Listening Tour – I hope to see you out there!

The schedule is subject to change, as we have been put on notice that we may be returning to Washington during the recess to work on health care.

This week, I had the opportunity to question SBA Administrator Linda McMahon in the House Small Business Committee, where I highlighted the impact regulation has had on Kansas’ small businesses. I look forward to working with Administrator McMahon to advance the goals of the U.S. Small Business Administration, and those of small businesses across the Big 1st.

This week, I spoke from the floor to recognize the Month of the Military Child. I called on my colleagues to provide continued support for our military children and families, whose sacrifice is not always recognized, but must certainly be revered.

In the House

Kansas Wildfire Response

This week, we made a lot of progress on the federal response to the recent wildfires across the plains.

On Wednesday, the White House ordered the USDA to allow emergency grazing on certain CRP acres. This announcement will allow grazing to continue beyond the start of the primary nesting season, which begins in Kansas on April 15.

This allowance delivers much-needed relief to producers in the impacted counties. I appreciate the recognition and action from President Trump and the USDA to continue providing relief, in addition to providing support and guidance for producers in programs like the Livestock Indemnity Program, the Emergency Conservation Program and the Livestock Forage Program.

Additionally, Senator Pat Roberts and I sent a letter to the U.S. Department of Agriculture (USDA) on behalf of Kansas ranchers affected by the recent wildfires, expressing thanks for previous departmental actions taken and requesting additional programmatic and resource flexibility when responding to a disaster.

The letter stated:

“With more than 700,000 acres burned to date across the state, local officials are still in the process of evaluating the totality of the damages and impacts from this disaster,” the lawmakers write. “In response to the recent wildfires, farmers and ranchers across Kansas are in need of assistance to protect their property, livestock, and livelihood in a number of ways. We appreciate the Department utilizing programs offered through agencies, including the Farm Service Agency, the Natural Resources Conservation Service, and the Risk Management Agency, to help with recovery efforts from this catastrophic event.

Response efforts to natural disasters require flexibility to address challenges specific to local and county circumstances. We request that USDA consider any further requests, particularly those that have garnered local consensus on appropriate flexibilities, including additional conservation practices eligible for emergency grazing.

Unfortunately, Kansas has now experienced two consecutive seasons of unrelenting wildfire. As a result of the Anderson Creek fires, many lessons have been learned that can be applied to the response and recovery efforts for the challenges that remain ahead related to the most recent wildfire. We urge the Department to employ any program requirements and contract flexibilities that

My Statement on this week’s action in Syria

I applaud the President’s decisive action in the face of the horrific chemical weapons attacks by the Syrian government on innocent civilians. I welcome this show of American strength and values. This sends a clear message to Syrian and Russian officials that we will not stand idly by in the face of these horrific atrocities.

Dwight D. Eisenhower Memorial Commission
On Monday, I met with Brig. Gen. Carl Reddell and Ed Perez of the Dwight D. Eisenhower Memorial Commission (shown right) to discuss the work that the Commission is doing to build a memorial to President and General Dwight D. Eisenhower.

The memorial will pay tribute to the life and legacy of one of our greatest Kansans, highlighting his accomplishments during WWII and his two-term presidency. It was exciting to hear about the project’s progress and we are hopeful that construction will begin later this year.

Agriculture Research Congressional Exhibition

On Wednesday, I attended the Agriculture Research Congressional Exhibition and Reception (shown left) held in the US Capitol on Wednesday. I spoke to the crowd about the critical importance of research investments in our district. Those investments are especially key when we consider the economic boom from entities like the National Bio and Agro-defense Facility, colleges and universities in our district.

The following professors from Kansas State University were in attendance to discuss their current agriculture research.

Representing Kansas State University:

Dr. Ernie Minton, Associate Dean and Director of K-State Research and Extension
Dr. Charles Rice, University Distinguished Professor of Soil Microbiology
Dr. Brad White, College of Veterinary Medicine and Director of the Beef Cattle Institute

By RON WILSON
Huck Boyd National Institute for Rural Development

How does your garden grow? Today we’ll learn about a community garden in a rural Kansas community which has grown into more than a resource for produce. It has become a connector for the community.

Gary and Glennys Doane live west of Downs in Osborne County. Gary farms and Glennys is a longtime volunteer in the schools. They are involved with this innovative effort on the community garden.

For three seasons, a small garden had been grown on a volunteer’s lot where vegetables were produced which went to a local food bank. Others in the community became interested in the potential of the garden, so a group of local citizens got involved.

Gary and Glennys Doane joined others in a strategic approach to enhancing the community garden. They formed a committee which adopted the following mission statement: “The Downs Community Garden exists to provide a nutritious food source, an opportunity for a healthy lifestyle, and a path for learning from each other in a setting available to the entire community.”

The goals of the project were to provide fresh produce for those in need of assistance, to create an opportunity for community interaction (between garden members and the general community), to establish an educational opportunity for gardeners, youth, and the community at large about the source of one’s food, to provide the opportunity to grow one’s own healthy food, and to generate a positive impact on the town and community.  The new community garden was officially established in 2016 and received 501 (c) 3 non-profit status.

A city lot was purchased to provide a more permanent home for the garden. In 2016, eleven 20’x20’ plots were used by gardeners representing 13 households. Two additional plots were used to assist food bank clients and others in the community needing fresh produce.

The Dane G. Hansen Foundation, through an Osborne County grant, provided monies for start-up expenses in the new location. Signs were erected and fences were built to establish the location for the public and to keep rabbits from eating too much. After the first year, a garden shed for tools and equipment was purchased with Hansen Foundation funds and set in place. Four fruit trees have been ordered and will be planted on the west side of the property.

Gary Doane reported that the garden has been quite successful in accomplishing various goals. First of all, the garden produced cantaloupe, melons, tomatoes, peppers, cucumbers, beans, potatoes, zucchini, and corn. “A second goal was to build relationships,” Gary said. “There was a grandmother and her fifth grade granddaughter who gardened together a lot,” he said. “There was a man who had physical problems and the doctor said he couldn’t walk. He worked in the garden and was walking by the end of the summer. The doctor said it’s a miracle.”

Neighborhood beautification was another goal of the project. “We had a good relationship with the city,” Gary said. “The city donated some extra vinyl fencing they had on hand. Other people donated piping for the water lines, and it looks good.”

Gary believes that this project even helped encourage community leaders and created opportunity for civic and church groups to be engaged. The group established a Facebook page and a website to communicate with the public. A public tour and educational program were held one evening. In the fall, a celebration of harvest and thanksgiving was held for the gardeners and volunteers. This event included food grown in the garden.

“This is a quality of life enhancement for the community,” Gary said. It is a nice feature to have in rural community like Downs, population 1,017 people. Now, that’s rural 

For more information, go to www.downscommunitygarden.wordpress.com.

How does your garden grow? In Downs, the garden is growing well. We salute Gary and Glennys Doane and all those involved with the Downs Community Garden for making a difference with their efforts. This garden is growing lots of fruits and vegetables, but it is also growing something more: A sense of community. That is a wonderful harvest.

Last week, Congress took action to remove a bad federal evaluation system for teacher preparation programs. Unfortunately, every teacher education program in Kansas will still have to train teachers to teach-to-the-test to meet accreditation.

During its last days, the Obama administration issued new regulations requiring teacher education programs to be evaluated based on the ability of their new K–12 teachers to raise scores on standardized tests. Using the Congressional Review Act, these regulations were overturned. Republicans argued that Obama’s Department of Education had overstepped the bounds of executive authority and that control of education needed to return to the states.

Teachers also opposed being evaluated based on their students’ scores on state assessments. Many teacher colleges and state departments of education considered the new rules wrong and expensive. Tracking would add additional costs. And it is difficult to attach students’ scores with the institution where they were educated now that more students are taking courses at several institutions.

And a student’s performance on assessments is more closely related to their home environment and socioeconomic level. Simply, I can send a mediocre student teacher to an affluent school and the student test scores will be fairly high regardless of the teacher’s skill. But I can send my best student teacher to inner city or poverty-area schools and, based on student scores, that excellent teacher and our teacher education program would be judged as failing.

If this new federal “standard” remained, teacher ed programs across the country would game the system; they would begin placing all of their student teachers in affluent schools. With about 60 percent of teachers taking their first position in or near the school where they student taught, that would mean high scores for the university program. But they would never send a student teacher to an impoverished school and risk getting low student assessment scores.

While Congress killed the federal judge-teacher-by-student-test-scores provision, this system lingers on as the centerpiece of the major teacher accreditor in Kansas, the Council for Accreditation of Teacher Preparation (CAEP, pronounced “cape”). Formerly called the National Council for Accreditation of Teacher Education (NCATE), this organization has always wanted to become the gatekeeper of teacher preparation, a closed “union shop”—where only schools that were CAEP-accredited could train American teachers.

CAEP is now judging teacher ed programs based on the very criteria that Congress just killed. CAEP released its evaluations of 21 teacher ed programs nationwide, and some did not meet this criteria requiring linking their former student teachers with “outcome data”—the academic achievement of students that were taught by each program’s teachers.

Kansas superintendents know that the teacher programs at various Kansas universities vary in quality, but they all passed the prior NCATE accreditation. They now face being judged on student assessment scores. So Kansas teacher prep programs will now be doubling down on training student teachers to teach-to-the-test when they enter the classroom, because that is what this destructive CAEP accreditation requires.

This is ironic because the new direction being taken by the Kansas State Board of Education and Kansas Education Commissioner is away from just teaching-to-the-academic-tests and teaching the whole student in engagement, honesty, perseverance, work and study ethic, etc. That is now completely at odds with the accreditation that Kansas teacher programs will continue to follow.

Kansas, like most other states, does not require that teacher education programs be CAEP-accredited. It is time for the Kansas State Board of Education to follow the actions taken last week by Congress, and discourage and even penalize any Kansas program that doubles down on teaching-to-the-test.

Kansas doesn’t need the unnecessary and irrelevant accreditation that CAEP pushes.

April 7, 2017

This is my last newsletter until we go back for veto session on May 1, 2017.

Flat Tax Proposal: House Bill 2395
The House of Representatives has been considering several options to improve the fiscal shape of the State Government’s budget. One possible solution which passed out of the House Tax Committee on Thursday, March 30, was House Bill 2395 which makes several changes to the current tax code from income brackets to tax deductions. The greatest change made is that the bill creates a level income tax rate of 5% for all income earners. The bill also retains the income tax exemption for any person earning under $5,000 and those earning $12,500 or less filing jointly. In addition to this, the standard tax deduction will be increased from $3,750 to $7,500 for joint filers and from $3,000 to $6,000 for single filers. Two other major changes will be that medical deductions will be 100% deductible and that the tax exemption for income earned through Low Liability Corporations (LLCs) will be repealed. The last proposed change in the bill is that the sales tax on food be reduced from 6.5% to 5% beginning in January 1, 2019.

Privilege Fees
Wednesday, April 5th the House of Representatives recommended House Bill 2180 for passage. The bill focuses on privilege fees for the premium revenue of health maintenance organizations, sometimes referred to as MCOs. Currently the privilege fee rate is set at 3.11% and was to be lowered to 2% in 2018 under current law. However, if the bill is passed, the rate will be increased to 5.77% and will be applicable on July 1, 2017. To reflect the increased revenues and costs to MCOs, the bill also allocates increased expenditures to KanCare. This bill passed the House, 103-21. I voted “yes.”

2017 Rescission Budget Bill: Senate Substitute for House Substitute 2052

On Thursday, April 6, the House Appropriations and Senate Ways and Means met in conference to discuss the final details of the rescission budget bill for fiscal year 2017. We had developed an agreement early last week, however, when discussions began with House members, I realized that many in the House would prefer an allocation to the Kansas Public Employee Retirement System (KPERS). I called a meeting with the Senate to discuss this item and we agreed to new terms regarding KPERS for the conference committee report. The House’s offer to the Senate was to appropriate $85.9 million to KPERS for the 2017 fourth quarter payment.

The conference committee report was finally approved by both chambers and sent to the governor late Thursday evening.

Cybersecurity Act
One of the primary functions of government is to protect its citizens from harm. House Leadership chose to make protecting our taxpayers’ highly sensitive and private personal data a high priority with the creation of the House Committee on Government Technology, and Security. The committee worked diligently to craft HB 2331, which centralizes IT and cybersecurity for the state. It would create the Kansas Information Security Office and establish the position of Chief Information Security Officer (CISO). The bill would also replace the Office of Technology Services (OITS) to the Kansas Information Technology Enterprise (KITE). KITE would be responsible for all functions of OITS. These changes would reflect the need to develop and implement comprehensive information security programs, and would centralize all IT and cybersecurity operations for the state. These efforts would protect all executive branch agencies, including the various departments, under one centralized system. The Committee of the Whole amended HB 2331 to exclude KPERS from the bill’s provisions. The bill passed the House 90-28, and has been sent to the Senate for consideration.

Kansas Amusement Ride Act
Last Thursday and Friday, the Committee also held hearings on HB 2389, which would amend current law concerning amusement park inspections, permit fees, and would amend other provisions of the Kansas Amusement Ride Act. Proponents of the bill expressed their concern for the safety of amusement park rides and would enforce inspection protocol. In addition, the proponents noted the lack of safety measures in Kansas statute and requested greater inspection training requirements. Opponents asserted that HB 2389 would subject carnivals and travelling companies to burdensome regulations that may hamper business operations, and that National Association of Amusement Ride Safety Officials (NAARSO) certifications act as sufficient training for inspectors. Neutral testimony followed and highlighted potential lawsuits, age and size of different rides, and various certifications. The Committee articulated concern for the insurance policy of $100,000, insuring the owner or operator against liability for injury— they identified the need to increase that threshold.

We reached adjournment on Thursday and will return on May 1 for the time that is commonly referred to as “Veto Session.” During the three-week break, I will be back home and traveling the district at various town halls and events.

Contact Information
As always, if you have any concerns, feel free to contact me (785) 296-7672, visit www.troywaymaster.com or email me at [email protected].

It is a distinct honor to serve as your representative for the 109th Kansas House District and the state of Kansas. Please do not hesitate to contact me with your thoughts, concerns, and questions. I always appreciate hearing from the residents of the 109th House District and others from the state of Kansas, as well.

Troy L. Waymaster, (R-Bunker Hill) is the 109th Dist. State Representative and chairman of the House Appropriations Committee.

By REP. ROGER MARSHALL
R-Kan.

No matter the road this country takes to replacing the Affordable Care Act, one thing is for certain: We must bend the healthcare cost curve downward.

As the newest physician in Congress, I believe our legislative purpose is to create an environment which results in all Americans having access to higher-quality, lower-cost healthcare.

Right now, healthcare in this country is almost like a house sliding down a muddy hill in a landslide, and everyone is screaming about saving the sofa.

Congress cannot just save the sofa, or rearrange the furniture. We need a bold and disruptive plan that starts with a new solid foundation.

Its cornerstones should be built on consumerization, or in other words, how to deliver healthcare that is focused on and driven by each individual patient.

The first cornerstone is innovation.

We must create an environment that fosters innovation, not government regulation. Overregulation squashes every creative mind in healthcare, which has become one of the most regulated industries in America. We now have federal and state laws and regulations that don’t allow for new technology and new ideas in the delivery of healthcare.

While our universities and researchers do great work, we must truly unleash them to accomplish bold disruption: like how Uber changed how we commute in urban areas, how
Microsoft brought us the home computer, and how cellphones revolutionized how the world communicates.

Simple yet big ideas and innovations are being held back by antiquated roadblocks and regulations.

The second cornerstone is competition.

Like all industries, overregulation has created uncertainty and consolidation in the healthcare industry. These rules and laws protect the status quo. Only the large, multibillion-dollar corporations can take on the mass of new regulations, decreasing competition.

When these regulations are pulled back, entrepreneurs will thrive, and new entities that you and I have never thought of will fight to get in the game.

As long as we keep track of quality as determined by the healthcare industry and consumers — not necessarily by the federal government — American consumers will figure out what is best for them.

The next cornerstone is transparency.

Finally, and most importantly, we must create an environment to allow the patient to become a true, free-market consumer. Value and cost transparency must be the new norm, not the exception.

Transparency of price, outcomes, and patient satisfaction must be publicly shared.

Whatever the next generation of healthcare purchasing looks like, we must allow incentives to be put in place that allow the patient to make a decision with value-based purchasing.

It must be easier for folks to get new, innovative medicines to the market. Right now, the Food and Drug Administration stifles growth with a long, cumbersome process which often discourages and disallows advancements.

It is our challenge and our responsibility to unleash innovation in healthcare and to put the doctor and patient back in charge.

With premiums and deductibles skyrocketing under the current system, many folks don’t have meaningful coverage. More than ever, our healthcare debate must be framed around the patient.

All providers, whether commercial, employers, individuals, Medicaid or Medicare, must keep consumerization — innovation, competition and transparency — at the forefront.

Marshall represents Kansas’s 1st District. He is a member of the GOP Doctors Caucus. This column originally was published in The Hill.

Two high-profile elected executives, President Donald Trump and Governor Sam Brownback, have stimulated a long dormant itch I need to scratch. I first felt this sensation nearly fifty years ago as a graduate student. At that time international politics interested me. We were in the midst of both the Cold War and the Vietnam War. Fidel Castro had overthrown Cuba less than a decade earlier and then turned the island into a Soviet client state. Guerilla war was common, especially in restive European colonies around the world. Movements and governments led by “strongmen” were quite the thing to study, prompting me to take up the topic of charismatic leaders in developing nations for my thesis.

Disappointingly, my graduate education was delayed for another two decades, but I never really forgot my interest in demagogues. Now, in allergy season, that itch is back. Trump and Brownback cause me to ponder what has gone so terribly wrong with the premises and conventional wisdom of American democracy that these two very odd ducks – perhaps not so odd, if we scan the whole of the contemporary American political landscape – could be holding power at this time. Have the American people decided to succumb to strongman rule?

One universal characteristic of those earlier demagogues was their ability to persuade a sufficient portion of the people that their problems came from oppression by internal elites, or external ‘masters’ whose power came from corruption and deceit. In each case the ‘people’s hero’ delivered the message: revolution would free the people of their oppressors, and acceptance of the Great Man’s vision would lead to a new golden age — often recalling an earlier time of national or cultural glory before the era of oppression.

We now confront conditions that have become eerie and alarming. What has happened to American society that can account for this new yearning for political tyrants? Whole segments of our society classified by demography, employment, race, social status or a number of other characteristics seem to have lost faith and tolerance for everybody else. Of what have they forgotten, or become fearful? In Kansas, the external master is the federal government, and for the billionaire in the White House it’s the bureaucracy, foreign governments, fake news and liberal elites.

Perhaps of equal importance, how have so many, including the main players – Trump and Brownback – come to the belief that a strongman autocrat could be legitimate? Consider how little of substance has come of the nearly innumerable orders and tweets of the president. For our smilingly uncooperative governor, all the real power he appears to retain is his constitutional veto.

Why have we come to rely on the trivialities of social media and the inaccuracies of 140 characters to define our social, cultural and political differences? Critical thinking and reasoned conclusions on life values and choices are practically extinct in our society. Instead, many accept baseless claims of deterioration and generalized badness without any objective evidence to support the view. Many of these same citizens then embrace irrational, unsustainable and thoroughly improbable solutions and promises that supposedly will make America or Kansas great again, typically without any verifiable proof.

Over this past year a positive change seems to have occurred in Kansas. New polling shows a super-majority of Kansans have rejected mental confusion and reapplied their wits and their reason – 66% in a recent poll dislike the governor’s policies and leadership. Nationally, for the president the poll numbers continue a steady downward path. Yet ardent minorities for both men continue to provide intense, vitriolic support. What surprises me fifty years on, is that America’s democracy has been an ineffective deterrent, even if only temporarily, to the collective will falling for the fantastic claims of the supremely egotistical.

Dr. Mark Peterson teaches political science at the college level in Topeka.

By LISA SCHLEGEL
Ellis Co. Treasurer-elect

In November, citizens elected me to serve as Treasurer of Ellis County. In the months since, I have been invited to consult with and audit 8 other County Treasurer’s offices. I have witnessed innovative practices other treasurers across the state use to make their offices function efficiently, and I look forward to bringing what I have learned to the Ellis County office when I am sworn in this October. I am looking forward to October with optimism.

Today, I am writing to share my concerns and address editorials written about the selection of public officials, and the nomination of the interim Treasurer.

When our former treasurer announced her resignation, the Democratic Party was charged with nominating an interim to complete her term. When I contacted the Democratic Party Chair to ask to be considered at the nomination meeting, he asked me, “Have you been in that office?” I said, “No, I have not been allowed in by our current Treasurer.” He communicated to me that several others were being considered, and I was not one of them. I will add, that the newly appointed interim has indeed been invited into the office by the current Treasurer so he can spend time with her before her last day in office. Which begs the question, why was I not extended the same courtesy?

Of the eight treasurers I have spoken to, all of them expressed, in their opinion, the most effective transition would result if I, the Treasurer-elect, took office early, a common, statewide practice in situations like this. They all labeled this “a non-partisan issue,” since the election has already occurred. Appointing me would have been in the best interest of all those associated with the Treasurer’s office, especially employees of the office, who will, in this case, have to transition from one manager, to another manager for 6 months, and then to myself in October. It is better for the county, as a whole, to not have our Treasurer’s office, the financial hub of the county, in a state of potential upheaval. Why did the Democratic Chair and committee-persons feel differently, and instead, decide to nominate a college student to be your interim Treasurer?

The second issue I will address is one Pat Lowry put forth in two of his latest editorials in the Hays Daily News. He wonders why several of Ellis County’s elected positions are “elected” by the people and not simply “appointed.” (I have to assume he means appointed by county commissioners, though he did not specify by whom.) In my opinion, that would be a bad idea. At the core of democracy, lies the very thing our Founding Fathers fought for, and that is representation. The voice of the people, heard through free elections, provides and “guards for the people’s future security.” Appointments do not do this. “Appointments” provide security for those appointing, and lucrative positions for their friends, students, acquaintances, etc.

The most glaring problem with an “appointment” system was coincidentally exemplified on 3 April when the Democratic Party appointed a person with no work experience to be the interim Treasurer. County Treasurer is not an entry-level job. As an elected official, all the plans I make involve one question first: How does this benefit the county? I would have hoped the committee chair and members asked themselves that question when they appointed a well-connected “professional student” as our interim Treasurer.

I see no benefit. In fact, it is a clear managerial detriment to the county. It could not be because the interim “has been in the office,” which seemed to be important to Schwaller, when we spoke. In an interview in the HDN, the interim said his objective was to “have a well-oiled office ready for Ms. Schlegel” come October. I admire the intention he has, however, what could he do to make the office a “well-oiled” machine in the 6 months he has? Who better to prepare the office for my 4 year term, than me?

From a managerial standpoint, to bring in a completely new person with no management experience (who is wholly unfamiliar with the office) is dangerous. While I’m sure our interim will spice up his resume and learn a lot from this process, how does that benefit the county? How will these 6 months, of him learning, getting up to speed, help make the office a “well-oiled” machine? By the time he feels like he’s learned something, I will be ready to take office, and he will be in Kansas City. Congratulations to Mr. Wasinger for aligning himself with the movers and shakers of Ellis County. But speaking for myself, I am not OK with my taxpayer dollars going toward “continuing Ed” for “professional students.”

Though this nomination is well within the Democratic Party’s legal right, I would say it reeks of ineptitude, but I know there are intelligent people on that committee, which begs the question, what are the real motives behind this nomination?

I feel uncertain of what may happen with an unprepared interim and the potential liability issues, and so unfortunately, I will also have to avoid spending time in the office until October, as some county officials have implied I may be able to during this interim time. Several Treasurers around the state advised me to keep my distance from the office of Treasurer until I take over in October, though most said it pained them to do so, because these 6 months could have been a great opportunity for me to get to know my employees at a more relaxed pace before tax time in November 2017.

I have a proposition regarding Pat Lowry’s articles about election v. appointment. I encourage citizens to get to know their candidates and vote conscientiously. That is why I wrote about myself and asked citizens to take the time to read my articles during the election. Yes, that is a burden placed on busy citizens, but they need to understand that our rights imply a sense of duty, and select their officials with pride. “We the people” need to “elect” our officials. The appointment of the interim is one immediate example of how an “appointment” system can fail when “party politics” get in the way of sound decision-making.

What might local politics look like if all elected positions (Sheriff, County Clerk, Treasurer, etc) were “appointed” as Pat Lowry suggested? It would amount to “Appointees” doing anything the commissioners (or appointers) tell them to do. They would work for the appointers, not the people.

An irresponsible decision was made by the Democratic Committee. If they wanted a “well-oiled” office, they would have put in the people’s choice. Now all they’ve done is thrown sand in the crankcase, and it seems that was their intention. I will, however, overcome these challenges with enthusiasm and resolve, and bring better leadership to the Treasurer’s office in October.

You hear a lot about estate planning and the need for it. Generally, most planners talk about what will happen when you die. I try to help my clients focus on what happens if they live a long time, or if they are dealing with or developing a chronic illness – what is the plan?

Let me talk about another type of planning – setting up a plan to pass on a business – a plan that needs to be implemented now.

Seven years ago, I brought a young attorney (Jenny Walters) into my law practice who specialized in long term and elder care planning. I had been my own boss for the better part of 30 years. With Jenny’s assistance, we were able to help more families. Yet, I still liked being the boss.

I spoke in another article about a repelling incident last year in Costa Rica in which I had a ten minute near death experience. That incident caused me to reexamine my priorities and look at what type of plan I had in place.

As a result of that, I knew that I needed to have a plan in place, should something happen to me. I have too many staff members and clients dependent on me and my office.

Recently, I spoke to a group in Colby. I told of my near death experience and how we need to be prepared. I really spoke of it in terms of a business. What is going to happen with the business? Afterwards, a person (I am going to call him “Fred”) came up to me and said, “Well, this really did not apply to me. I have a lot of money and a lot of land. I do not need to plan yet.”

I wondered if Fred and I had been in the same room together; I also wondered whether I had communicated well enough to make Fred understand what was wrong with his approach.

When you have a business (and yes, a farm is a business), or you have a significant amount of property, you need to plan for a succession of that business or property. Is it to be liquidated? Is someone supposed to run it? What about those who depend on that business for a livelihood? What about your customers? Who gets what? Do you need to equalize distributions? Is the person that is going to obtain your property prepared to manage/run it?

I have been in meetings in post-death situations, reviewing the will or trust with a family. I hear things like:

“Daddy would want us too…”
“Mom would want us to liquidate the business and divide it equally.”
“Our parents gave you more, so now you need to get less or pay back what they gave you.”

It can really turn ugly.

Nothing can turn a family or friend against each other like the passing of a business or a farm, without instructions and without some type of transition plan.

That type of planning really involves coordination with not only your attorney, but with other professionals such as your accountant, your insurance agent, and your investment advisor. The transition of a business or a farm may call for some intricate planning and preparation.

I am trying to imagine what will happen if Fred dies unexpectedly, or just never gets a plan in place. I can certainly see a severely fractured family.

Recently, Jenny (the young associate I hired seven years ago) and I sat down together with the help of our accountant and other professionals. We created a plan. Jenny will become a stockholder in Clinkscales Elder Law Practice, P.A. It addresses what would happen if something unfortunate happens to me (or even Jenny), and it lays out a plan so her future and mine are more defined. More importantly, Jenny will be involved in some of the day to day operations – to get her prepared.

While I am a long way from giving up my practice, I know that I have a plan in place with Jenny. I am sure more people will become involved in the plan in the future, but for right now, I sleep much better knowing that there is a succession plan for my practice. That plan is not only for my practice, it is for my family, my staff, and the clients we serve.

I hope that you will consider creating a plan for the transition and succession of your business. It does not mean you have to die. In fact, it may include a way for you to retire. Do not wait until the last minute to do this. Be willing to pass the torch.

Given the success of the process that Jenny and I went through, I may go repelling again!

Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to [email protected]. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.

With the unseasonably mild winter, it isn’t any wonder that daffodils, scilla and crocus plants have been shooting out of the cool Kansas soil. While a cold snap could severely damage these plants, their emergence has many people thinking about spring gardening and the joys that accompany the blooming of future flowers.

Although mishaps are seldom equated with simple gardening tasks, injuries are never far away whenever man, materials and tools combine. While it usually results in no more than a simple scratch, painful or disabling injuries are possible.

By combining common sense and a few basic safety rules, many of these accidents can be prevented. Consider the following tips when using hand tools in your garden this spring.

While you might find it a bit uncomfortable, wearing safety goggles is a good idea. Goggles will prevent dirt, sand rock chips or other flying debris from entering or hitting your eyes. They will also prevent insects like an unhappy wasp or bee from heading for your eyes.

Steel-toed shoes or other protective footwear is another must for gardening success. This will allow you to safeguard toes and feet by wearing sturdy shoes that will withstand an errant swing or stab of your favorite hoe or spade.

Remember to choose the correct tool for the job. This means selecting the tool for the function intended. Pick a tool for its length and weight; make sure it fits your body size. If you don’t know, ask a professional. This may mean going to a specialty shop or garden store rather than a discount store.

Today, there are special tools available for smaller garden spaces.

When buying tools, select ergonomic features that reduce strain and fatigue. They will also provide safety and may be easier to use.

Maintenance, maintenance and more maintenance. Keep your tools in tip-top condition. Make sure handles fit tight. Replace any that are cracked or split. Replace tools that are chipped, bent or have battered heads. Sharpen spades, hoes and trowels. Clean them after each use.

Examine your yard. Avoid hitting hard objects with your tools. Doing so could cause damage to them, but more importantly to you. Scout out areas that may contain thorns or dreaded poison ivy. Beware and stay clear.
Take breaks when you become tired. While it’s almost impossible to do, cut down on long stretches of repetitive motions. Vary tasks.

Like anything else, use proper technique. Grasp the tool for maximum leverage with minimum strain. Use the “garden” rule – not to be confused with the golden rule – with hammer-swing tools, shake hands when gripping the tool. Let the weight of the tool head do the work. Don’t force the action. It’s much easier and safer too.
Above all, get out and enjoy the beauty of nature. But remember, stay safe so you can enjoy working in the garden for many years to come.

John Schlageck, a Hoxie native, is a leading commentator on agriculture and rural Kansas.

Washington D.C. is starting to sound a lot like Kansas, at least politically.

While that on one hand is disheartening for those of us who have looked to the Federal government for leadership on energy and climate issues over the past eight years, it should actually prevent us Kansans from feeling too much despair with the Trump presidency. After all, those of us doing energy and climate work in Kansas already know the language to deploy, and to mean it when we use it.

I had the opportunity to attend the National Council for Science and the Environment’s national conference on Environmental Health in Washington this past January. Attendees included policy makers, scientists, and funders from a number of private foundations.

As the conference went on, I noticed federal government scientists checking their phones nervously during sessions as new rumors spread about this or that agency website vanishing or gag orders being implemented at the EPA. All of this is tragic, unnecessary, and we don’t have time for it. But this is the way things are, at least for now.

One of the keynote speakers was Newt Gingrich who argued that President Trump himself didn’t fully know what he was going to do on a variety of issues, including energy and climate. So, Gingrich argued that climate and renewable energy advocates needed to use messaging that stressed innovation, efficiency, resilience, and economic growth. As I sat in the audience (many of whom were a bit annoyed about what Gingrich had to say), I looked at the assembled group from around the country and thought, “welcome to Kansas.”

The point here is that there are always ways to find common ground that are honest and not just about messaging. The Climate + Energy Project has been doing just that for ten years in Kansas. By working with farmers to encourage efficiency in water and energy usage, by supporting policies that bring renewable energy jobs to the state, and now by looking at ways to help Kansans deal with the health consequences of a warming climate, CEP finds those places where ideologies falter before common sense and practical self-interest.

Kansans have always come together to find solutions to what policy wonks now call “wicked problems.” Now the country as a whole will need to be more collaborative and less ideological. Will progress be as fast as we might want, or the planet needs? No. But we in Kansas can point to a thriving wind energy sector, state statutes supporting energy efficiency, and renewed attention to water scarcity as evidence that progress is possible even against ideological headwinds. Help us at CEP keep that progress going despite the Trump era energy policies.

Jay Antle, Ph.D., is a board member of Climate and Energy Project, Hutchinson.

Well, it comes down to the state needing $400 million, maybe a little more or less, and the way that the Legislature is going to get it is to raise your income taxes. That much is sure.

What isn’t sure is just how lawmakers intend to extract that money from you. The choices are to set up a range of two, maybe three, income tax brackets so that the wealthy pay a higher percentage of their income than the poor or just a flat rate for everyone.

The first option sounds like “from each according to their ability…,” doesn’t it?

Except that a flat rate of income tax sounds, well, equalizing. We’re all contributing the same percentage of our income, and it just might be easier to figure out what we owe if it’s just a single rate.

The House and Senate, remember, a couple weeks ago tried a three-bracket formula, so that the wealthy paid a little more, the middle-and-lower paid a little less, and of course, those little LLCs paid taxes on their income that isn’t described as wages, just profits from their businesses.

Well, that three-bracket formula went singing through the House, danced through the Senate and was slapped down by Gov. Sam Brownback’s veto. The House overrode the veto, the Senate didn’t and so we don’t have a tax plan yet.

Now, the flat 5 percent tax rate is on deck in the House, and the Senate is still dressing up its 5 percent bill for a shot at Senate passage.

While the 5 percenter raises less money than a graduated tax, it’s catchy and conservatives tend to like that concept of everyone paying an equal tax on their income, no matter how much or little.

Real key to that 5 percent rate is what happens to those without much in the way of income. The poor and relatively low income Kansans…the 5 percent rate probably hits them harder, makes them decide whether they are going to be able to afford the basics—like food and housing and care for their children—that they might be eligible for state assistance for if they must pay too much of their check in taxes.

Well, the solution for that is the personal exemptions. You just set a mark, maybe $5,000 or maybe $10,000 and that money isn’t taxed. It gets them a little boost in spendable income to cover their basic needs.

Where do you set that exemption? High enough, and the poor actually won’t see an out-of-pocket increase from their current 2.7 percent rate because less of their money is taxed at that 5 percent. That’s good for them, and it sounds like you care for the poor.

Set the exemption low, and those poor pay taxes on a higher percentage of their income, which means they don’t have much money left with which to care for their needs and their children’s needs.

And, if you’re making $80 ,000 or $100,000 or more, well, you’re not going to change your lifestyle much based on the tax-free exemption.

That money that the state loses through those exemptions? It’s money that isn’t coming into the treasury to pay for education, for social services, for highways, for …well, just about anything you can think of for which the state foots the bill.

A few brackets, the wealthier paying more? That covers the exemption losses, but, well, do the better-off really want to make the state better-off?

We may find out this week…

Syndicated by Hawver News Company LLC of Topeka; Martin Hawver is publisher of Hawver’s Capitol Report—to learn more about this nonpartisan statewide political news service, visit the website at www.hawvernews.com

By State Sen. Rick Billinger

The Senate spent 4 days “on the floor” debating bills this week. Only exempt committees could hold meetings. We passed 45 bills, and sent numerous bills to the Governor’s desk for his signature. Next week the conference committees will meet and hopefully reach an agreement so bills passed by the House and Senate may be delivered to the Governor. A conference committee is comprised of the Chair, Vice-Chair and Ranking Minority member of the House committee and Senate committee that the bill was processed in. If the bill was changed in the second chamber in any way the original chamber can either approve the changes (concur) and the bill goes to the Governor, OR the conference committee can meet and discuss the changes.

The most controversial bill on Monday was HB 2044 which is known as the Bridge to a Healthy Kansas bill, also known as Medicaid Expansion.  The expansion of Medicaid will give Kansas the opportunity to draw down federal dollars to help insure 150,000 Kansans living without healthcare.  They are essentially the people who make too much to qualify for assistance and too little to afford insurance on their own.  Federal tax dollars paid by Kansans are now going to other states that have expanded eligibility rather than being returned to Kansas to help those in our community. The bill that establishes the KanCare Bridge to a healthy Kansas and establishes the Clubhouse Community-Based Psychosocial Rehabilitation Program to be administered by the Kansas Department of Health and Environment (KDHE). With regard to the KanCare Bridge, the bill would expand Medicaid eligibility on 1-1-2018 to include any adult who is under 65 years of age, who is not pregnant and whose income does not exceed 138% of the federal poverty level. The bill contains work referral requirements and premium payment assistance. The bill would establish the KanCare Bridge to a healthy Kansas program drug rebate fund and the KanCare Bridge to a healthy Kansas program privilege fee fund to be expended for Medicaid medical assistance payments. All moneys collected by KDHE from drug rebates connected to program beneficiaries would be deposited into the drug rebate fund, and all moneys collected from privilege fees connected to program beneficiaries would be deposited into the privilege fee fund. There are reporting requirements and an establishment of a KanCare Bridge to a Healthy Kansas Working Group.
After a lengthy debate the bill was advanced to final action. On Tuesday, the Senate voted 25-14 to pass the bill. I have heard from hundreds of people in our district, our local hospitals and many medical providers about Medicaid expansion. The Governor received the bill Wednesday and vetoed the bill on Thursday morning, The House made a motion to override the bill the same morning. It takes 84 votes in the House to override the veto and 27 in the Senate. Due to the absence of one of the House members who was attending a funeral out of town, the House delayed action until next week. If the House of Representatives successfully overrides the Governor’s veto, the override will be taken up by the Senate. 

The bill directs KDHE to terminate the program over a 12-month period if the Federal Medical Assistance Percentage (FMAP) falls below the percentages established under the federal health care and education reconciliation act of 2010.
   94% calendar year 2018
            93% calendar year 2019
            90% calendar year 2020 and each year thereafter
Debate on this bill was robust, especially in the wake of the Republican-led Congress’s inability to push through an anticipated repeal and replace vote on the Affordable Care Act, which would have dramatically altered Medicaid and states’ expansion eligibility.

The House now has 30 days to vote to override the veto. If the House overrides the veto with 2/3 majority, the bill will then come to the Senate for a vote; if the House fails to override and sustains the veto, the bill is dead for this legislative session.

Other Senate activities. On Monday, our Ways and Means Sub-committee agreed with the House on changes to the rescission budget bill of 2017.

On Thursday, the Senate passed Senate Substitute for SB 189, an appropriations bill containing FY 2017 adjustments and a two-year budget for FY 2018 and FY 2019. The proposed budget includes additional funding for the University of Kansas and Kansas State University to moderately restore the cuts both these schools received in 2016. It also includes funding for a 2% pay raise for state employees, who haven’t seen an across-the-board increase in 10 years. (The raise does not apply to legislators.) The bill removed many of the Governor’s budget proposals, such as selling off the state’s future tobacco settlement payments in exchange for a lump sum and consolidating all K-12 school employees into a single state-run health plan.

During debate on the floor, an amendment was brought to allow the Senate to wait until May, once updated revenue estimates are received, to decide whether to add roughly $140 million to make a final quarterly payment into KPERS in 2018 and another $198 million at the end of fiscal year 2019. The bill would spend roughly $6.3 billion from the State General Fund and close to $16 billion from all funds. This does not include any additional funding for K-12 education, which is being handled through separate bills in both the House and Senate.

SB 138 changes the Kansas Public Employees Retirement System (KPERS) pertaining to working after retirement. The bill would exempt from the earnings cap those retirees who retired on July 1, 2009, or later; were retired for more than 60 days prior to July 1, 2017; and were subsequently hired in a school position requiring a license. Under current law, only retirees who retired prior to May 1, 2015, are eligible for this exemption. The special exemption, which is scheduled to sunset on July 1, 2020, would become permanent. The special education and certified hard-to-fill positions would be eliminated; the exemption for licensed school personnel would remain. The annual duty of the State Board of Education to certify the top five hard-to-fill positions would be repealed.

Next week is the last legislative week before first adjournment, so debating Conference Committee agreements will be a top priority. While we’ve passed a large number of bills aimed at bettering Kansas, we know we still have a few large agenda items to address before gaveling out in May-including balancing. our budget and creating a school finance formula.