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KNOLL: My head is still spinning

Les Knoll
Les Knoll

In my last letter to the editor, I said my head was spinning over the wall-to-wall media coverage of U.S. presidential candidates.

My head is still spinning but for a very different reason. Millions of people, even people I know will vote no matter who it is as long as there is a “D” in front of his or her name.  What in the world are people thinking?

If you want to believe some polls, Hillary Clinton beats Donald Trump by a big margin! What?  That’s insanity! That’s unbelievable if true and I will tell readers why.

Hillary’s negatives are a mile long. I had other letters criticizing Hillary but did not present all of her negatives as I do here.

Let’s start with her four years as Secretary of State. I dare anybody to show me and other readers how any accomplishments she might have had override the major failures.  The most prevalent failure would be the explosion of turmoil in the Middle East.  Obama’s policies in the region, supported by Hillary as his Secretary of State, has led to the enormous growth of radical Islamic terrorism, particularly by ISIS.  Pulling U.S. troops out of Iraq prematurely and doing nothing to President Assad in Syria has led to a world wide threat not seen in history for a very long time.  We have Obama and Hillary to blame for the spread of radical Islamic terrorism and that is a fact.

What are Hillary’s other negatives?  How about polls indicating, by whopping margins, she’s not trustworthy?  She’s not even likeable, according to polls.  It’s possible she has health issues at her age. Her flip flops on major issues can’t be ignored.  What about a trail a mile long that she’s in bed with big donors, especially Wall Street?  Americans are clearly fed up with establishment politicians bought and paid for by big money.  Hillary is establishment with a capital “E.”

Hillary even lies about lying!  Jokingly, I say her picture appears next to the word “lie” in the dictionary – but that’s not really funny considering she may get enough votes to be our next president and that’s why my head is still spinning.

She lied about Benghazi, a huge scandal still being investigated, that caused four Americans to die. She lied to the survivors of the four great Americans and that’s just the half of it.

Hillary lied all over the place about her private emails.  Surely everybody knows her email scandal has led to an FBI investigation that, without any doubt whatsoever, would lead to indictment and probably prosecution of anybody else.   This case is huge!  It will determine two things for this country.  If she has broken the law and not held accountable, is there equal justice under the law for everybody or does it depend who you are?  The other is the question about the rule of law.  Are we a country of laws or not?

Obama ignores our laws on immigration and promotes open borders.  Hillary will do the same.

Do we as voters want to go down the same path with Hillary as with Obama the past seven plus years?  Do we want more debt, coddling Islamic terrorists, making the rich richer, more people living in poverty, more drugs and violence with open borders, cop killing agendas, more people out of the labor force, more on food stamps, more on government doles, Iranian nukes, trade deficits, further erosion of religious liberties,  continued government corruption, etc.

Yes, Hillary’s negatives are non ending. How did the Clintons become multimillionaires in the few short years she was Secretary of State?  A first grader could figure that one out, and it is big money paying her off to have favors if she becomes president.

Are voters insane wanting Bill back in the White House, let alone Hillary?  That possibility would make any and all informed and common sense voters’ heads spin like a top.

All candidates have negatives but nothing like Hillary’s.

At this point in American history, it is obvious there are two Americas as we look at how voters see this country. The divide among voters is huge!

If Cruz or Trump wins the White House we could get back to being one America.  That will not happen with Hillary.  How could it?  She’s an Obama clone and he’s been the most divisive president in American history.

Les Knoll lives in Victoria and Gilbert, Ariz.

INSIGHT KANSAS: Kansas experience discredits ‘anti-establishment’ politicians

From self-described democratic socialist Bernie Sanders to the outspoken, impulsive Donald Trump and right-wing Ted Cruz, it seems nearly everybody wants to be anti-establishment these days.

I have my doubts. Based on our recent experiences here in Kansas, I would rather take my chances with the establishment.

Like the Rorschach blot in therapy, an interesting cloud formation, or burnt toast, people can project what they want to see onto the term “the establishment.” If you are Feeling the Bern, it represents a too-cozy relationship between the nation’s largest banks, Congress, and regulators. For Trump backers, it means corrupt political, bureaucratic, judicial, and education leaders, who, as they see it, impose political correctness by decree and fail to enforce the country’s immigration laws.

Michael A. Smith
Michael A. Smith

I suspect that Cruz and his staunchly conservative followers see an evil establishment made up of pro-choice advocates, judges who rule in favor of same-sex marriage, and teachers of tolerance, among others. Conservative Republicans in general think that their own party’s establishment has cooperated too much with Democrats. They would rather shut down the federal government than allow Barack Obama even a partial victory.

The one point of agreement: the establishment is bad, and they must go.

Sanders and his enthusiastic supporters are angry because Congress is blocking regulators from taking aggressive action against malfeasance among huge, powerful banks. A clearer term for this cozy business-Congress-regulator relationship is iron triangle, and Sanders has a laudable goal to break it. Yet he faces a remarkably adaptive foe: long before the Supreme Court’s Citizens United ruling, numerous campaign finance overhauls and other reforms were enacted to break the triangle, yet it proved remarkably resilient each time.

On the other hand, Kansas’s recent experiment is an attack on the establishment hated by Trump and Cruz, which includes independent judges, school teachers, moderate legislators, and budget/policy analysts. Sam Brownback may not use the term “the establishment,” but he certainly knows whom to target. In 2012, he and his political consultants swept out moderate Republican leadership in the Senate. These were mostly experienced senators, centrists who had a pragmatic dedication to good government. They saw government as having a role but wanted to keep it limited, doubting extremes on both left and right. Moderate Republicans perfectly embody stereotypes about the establishment: mostly middle-aged or older, skeptical of change, with long tenure in office.

With these fuddy-duddies gone, our new, conservative legislators cleared the way for extreme changes, creating perpetual budget crises, downgrading bond ratings, draining the highway trust fund, making the state a laughingstock, failing to deliver promised economic growth, and landing the Legislature itself in court over school funding.

Now comes the latest anti-establishment move: Why should these establishment judges, never directly elected and having served for years on the bench, be able to tell the less experienced, more ideological legislators that the laws they pass are unconstitutional? Down with the judicial establishment! This seems to be the message of a bill moving through the Legislature that would provide that judges be impeached for, among other things, “usurping the power of other branches.” Conservatives are also preparing a major push to turn several Kansas supreme court justices out of office later this year, when they are on the ballot for retention by the voters.

The claim is that the establishment stands in the way of change, so it must go.

Compared to this mess, careful change led by experienced public servants, wary of extreme changes, is looking pretty good. It is time to put competent, effective governance ahead of ideological experiments. Kansans should consider voting pro-establishment this year.

Michael A. Smith is a Professor of Political Science at Emporia State University.

CIRAOLO: Dishonest tax return preparers cost clients and the U.S.

Caroline Ciraolo
Caroline Ciraolo

WASHINGTON – With tax season in its final two weeks, the Justice Department urged the public today to avoid dishonest tax-return preparers who fleece their customers and illegally drain the U.S. Treasury. Noting that every taxpayer is ultimately responsible for the contents of his or her own return, Acting Assistant Attorney General Caroline D. Ciraolo of the Tax Division also warned the public to be wary of anyone who guarantees a refund or who claims to sell a sure-fire way to reduce your taxes.

U.S. taxpayers filed approximately 150 million returns in 2014. According to statistics available from the Treasury Inspector General for Tax Administration, the Internal Revenue Service (IRS) identified more than 2.1 million of those returns that claimed fraudulent refunds totaling more than $15.7 billion. As in past years, the IRS has designated return preparer fraud as one of 2016’s “Dirty Dozen” tax scams to avoid during return filing season. In 2015, the Tax Division permanently shut down more than 35 fraudulent tax-return preparers located all over the United States. The defendants in those cases spanned the spectrum from large-scale return preparation franchises to small, independent return preparers.

“Every year, thousands of federal income tax returns are prepared by people who care much more about making a quick buck than about preparing accurate returns,” Ciraolo said in a news release. “Most tax return preparers are honest. But some preparers who charge clients a percentage of their tax refund intentionally prepare false returns to increase their clients’ refund, and thus their own fees. Likewise, some preparers who charge by the form will intentionally prepare incorrect forms that their clients don’t need in order to increase their compensation. Taxpayers might think that they’re getting a good deal on their taxes, or that as long as someone else prepares the return, they’re not responsible. They’re wrong. Taxpayers who have their return prepared incorrectly are required to pay the tax they owe, or pay back the refund they weren’t entitled to get. These clients might also owe interest and penalties, which can be substantial. Fortunately, there are red flags that taxpayers can look for and avoid when choosing a return preparer.”

Your refund should never be deposited directly into a preparer’s bank account.

In United States v. Elton L. Barnes, No. 2:14-cv-05621 (C.D. Cal.), the court barred a return preparer who caused other people’s tax returns to be deposited to bank accounts in his name.

Never sign a blank return or a blank form, or sign a return or a form without reading it first.

By law, a return preparer must provide a client with a completed copy of the return no later than the time the customer is asked to sign the return. In United States v. Syed N. Ahmed et al., No. 2:15-cv-11461 (E.D. Mich.), the United States alleged that the defendants’ Liberty Tax Service franchises asked customers to sign blank forms that stated that the customers had non-existent businesses, which were then used to maximize the customer’s refund. Although the defendants did not admit to the allegations in the complaint, they agreed to an order from a federal court permanently shutting down the stores.

Don’t use a preparer who mischaracterizes your expenses.

In United States v. Lawrence Preston Siegel, No. 3:15-00643 (S.D. Cal.), the defendant prepared returns that falsely characterized personal purchases as deductible expenses. For instance, one customer’s return deducted purchases at Tiffany & Co., Louis Vuitton, and Royal Caribbean Cruise Lines as “medical expenses.” The court permanently barred Siegel from preparing tax returns or providing tax advice for compensation.

Do not use a preparer who fabricates business expenses or deductions, or who claims bogus credits to which you are not entitled, such as the Earned Income Tax Credit, the child care credit, or the education credit.

One of the most common dishonest return-preparation practices is to prepare returns that include non-existent businesses, sometimes based on a client’s hobbies. In 2015, for example, federal courts shut down tax return preparers in Kahului, Hawaii; Appleton, Wisconsin; and Chicago, Illinois, who fabricated supposed “businesses” for their clients. Federal courts have also ordered return preparers in Miami, Florida, and Memphis, Tennessee to submit to third-party monitoring at their own expense to make sure they are not preparing returns with fraudulent “businesses.”

Some other fraudulent schemes and practices that have been stopped through injunction orders entered by federal courts throughout the country include:

Fabricating fake Form W-2 (Wage and Tax Statement) information;
Claiming bogus education and first-time homebuyer credits;
Claiming phony child and dependent care credits or residential energy credits;
Claiming fraudulent fuel tax credits;
Falsely exempting foreign earned income;
Inflating unreimbursed employee business expense deductions; and
Fraudulently inflating or decreasing a client’s income or deductions to maximize the Earned Income Tax Credit.

In January 2016, a federal court in Orlando, Florida entered a preliminary injunction against Jason Stinson, who ran a series of tax return preparer storefronts under the name “Nation Tax Services,” requiring him to shut down the stores pending resolution of the case. As part of its explanation for why it was ordering Stinson’s stores to shut down in the middle of the case, the court said that Stinson’s business “exposes . . . [his] customers to individual tax liability. Both the Government and Stinson’s customers will suffer irreparable harm if an injunction is not granted. Moreover, it is in the public’s best interest to protect vulnerable customers from the inaccurate preparation of their taxes, not to deplete Government resources, and to maintain the public trust in the tax system.” The case is United States v. Jason Stinson et al., No. 6:14-cv-1534 (M.D. Fla.).

The IRS advises taxpayers who ask a tax professional to prepare their return to be careful in the professional they select. The IRS offers some basic tips and guidelines to assist taxpayers in choosing a reputable tax professional and is also offering taxpayers a number of instructional YouTube videos to help them prepare their own taxes for the upcoming filing season. Several options, including free assistance with preparation and electronic filing for the elderly and individuals making $50,000 or less, are available to help taxpayers prepare for the current tax season and receive their refunds as easily as possible.

Tax Division Sues to Shut Down Promoters of Fraudulent Tax Schemes

In addition to return preparers who deliberately falsify returns, the Tax Division targets those who peddle schemes that purportedly reduce taxes—but in fact rely on false statements or financial sleight-of-hand.

In United States v. Wayne Reeves et al., No. 12-cv-1916 (D. Nev.), the court found that defendants Wayne Reeves and Diane Vaoga advised their clients “to set up sham trusts and have their wages directed into accounts for those trusts as a way to improperly reduce their tax liability.” They advised their clients that the income the clients received from the trusts was “nontaxable and did not need to be reported on tax returns.” The court further found that Reeves prepared tax returns that “willfully attempted to understate his clients’ correct tax liabilities,” and that Vaoga assisted him in doing so. In January 2015, the court permanently barred both Reeves and Vaoga from preparing returns or giving tax advice to others.

In November 2015, the Tax Division sued to shut down an alleged tax scheme based on a purported solar energy generation facility in Utah. The case is United States v. RaPower-3 LLC et al., No. 2:15-cv-00828 (D. Utah). The United States’ complaint alleges that the defendants purportedly sell “solar thermal lenses” to customers, and tell their customers that they are entitled to claim depreciation expenses and the solar energy credit for the lenses—even though the defendants allegedly know or have reason to know that their customers are not in the business of producing and selling solar energy and that the defendants’ purported solar energy facilities do not actually produce solar energy in a manner that meets the Internal Revenue Code’s requirements for claiming the credit.

And in the same month, in United States v. James Tarpey et al., No. 2:15-cv-00072 (D. Mont.), the Tax Division sued to shut down an alleged timeshare donation scheme. According to the United States’ complaint in that case, the defendants have their customers give rights in a timeshare to “Donate for a Cause,” a tax-exempt entity operated by Tarpey. The complaint alleges that the customers receive an appraisal that grossly overvalues the donated timeshare rights and use that appraisal to claim a large charitable donation deduction, even when the true market value of the timeshare right is a small fraction of the appraised value.

“The Tax Division is committed to stopping those who promote fraudulent tax shelters and other schemes or who prepare false returns,” Acting Assistant Attorney General Ciraolo said. “Along with our colleagues at the IRS, we will find dishonest preparers and fraudulent tax-scheme promoters and work to shut them down. We will hold accountable those who willfully assist taxpayers to file false returns. And in appropriate cases, we will prosecute them. But everyone can help stop fraud and protect our public finances. Pay attention to your tax return and make sure that it’s right. If you think that a tax return preparer is deliberately preparing incorrect returns, or you suspect someone is selling a phony tax-loss scheme, report that person to the IRS.”

The IRS website has information about how to report a dishonest return preparer, as well as information about how to report other types of tax fraud. The Justice Department’s website has a list of tax-return preparers and tax-scheme promoters whom the courts have shut down.

In addition to the civil enforcement through injunctions that stop their illegal actions, many return preparers and promoters also face prosecution. Examples of those investigations can be found for fiscal years 2014 and 2015.

INSURANCE MATTERS: Protect privacy online

Ken Selzer, Kansas Insurance Commissioner
Ken Selzer, Kansas Insurance Commissioner

The use of the Internet has revolutionized our daily lives. We keep informed, keep entertained, do research, buy goods and services (including insurance), do other financial transactions, and even play games.

However, such widespread use of personal information and communication should come with an increased awareness that our personal lives and data can be viewed by unscrupulous computer hackers.

At the Kansas Insurance Department, we routinely go through cybersecurity checks to make sure that any insurance information of our Kansas citizens and insurance companies who serve them is as secure as it can be. While we use some sophisticated procedures to make sure that information is safe, you as an Internet individual consumer can take some common sense action to make sure your personal data is secure.

Following are several considerations about Internet safety that we encourage you to follow.

  • Use common sense. Posting personal information on public sites could be an invitation for criminals to steal information and pose as you. Make sure you use privacy settings to keep your information private.
  • When entering an address for a website, be sure to spell it correctly. Even typing in one incorrect letter could lead to a site that, while appearing legitimate, is an illegal data mining portal.
  • Be wary of websites and emails that look to recruit others, receive money or advance payments. The old saying that “if it sounds too good to be true, it probably is” is useful to repeat after reading these types of offers.
  • Don’t open unknown attachments or click on unknown links.
  • Look for website addresses that begin with https://. The “s” stands for “secure.” Also, there should be a padlock symbol in the browser window when you attempt to login. If you do not see those, do not enter any personal information into that site.
  • Back up your data regularly, and use anti-virus software that is current.
  • Look carefully at the entries from any browser search. Make sure that you get exactly what your search indicates.
  • Banking, shopping for insurance or shopping for other goods and services should be done on a device that belongs to you. The information you type on a public computer; by using free Wi-Fi access; or by using a friend’s computer or mobile device, could be stolen.
  • Visit the security and privacy settings or the “help” area of your browser website to check your ability to manage your settings.
  • Remember to log out of a secure website after you have completed your transaction. Just closing the browser might not log you out.

Cybersecurity experts have said that 2016 could see increased nationwide computer data breaches and illegal activities. I urge you to protect your computer activities, whether for insurance or personal data.

Ken Selzer, CPA, is the Kansas Commissioner of Insurance.

SCHUMACHER: ‘Howdy Pardner’

Tim Schumacher
Tim Schumacher

We live in a day that, for the most part, allows us ample time to prepare for the future. Before we make any major decisions, we usually weigh our options, do our research, and try to make informative decisions. In preparation for retirement, the same time and preparation should apply. If used wisely, time can be a real asset in saving for the day when you walk away from your workplace for good.
In order to make educated decisions in retirement, it would first be wise to know the different philosophies available with your dollars and what government plans allow you to do.

In the traditional way of thinking (this would include traditional IRA’s, 401(k)’s, 403(b)’s, etc.) the idea is to save for retirement with pre-tax dollars. These are dollars that would not be included in your income today. They would grow on a tax-deferred basis, which means you would not be taxed along the way on any gain in your investment. When you retire and no longer have earned income, theoretically the dollars would be systematically distributed to you at a lower tax bracket. Notice the word “theoretically”, as there is no guarantee that your tax bracket will actually be lower in retirement. Many people do such a good job of saving for retirement that they actually don’t miss a beat, and walk into retirement with incomes very near what they had in their working years, with the very same tax bracket.

It must also be mentioned that our government’s current national debt is over $13 trillion, and Uncle Sam is amassing another trillion dollars in debt each year and has been on this track for several years. When the money-printing machines burn up, and no more dollars are being printed, you can bet the next step to address this ever-increasing national debt will be with additional tax dollars– our additional tax dollars. This would mean higher tax brackets in retirement, not the traditional thinking lower tax brackets.

Hence in 1998, Senator William Roth received approval of his brainchild, “Roth IRA”. Although the investment vehicle can be exactly the same, the order of taxation is reversed. Now the dollars are contributed with after-tax dollars, which mean they are included in your income. Then, just like the traditional IRA, they grow tax-deferred, but then are not taxed when the dollars are taken out at retirement. The Roth IRA has now expanded to include 401(k)’s, 403(b)’s, etc.

To save for your retirement at any level, with either the traditional or the Roth way of thinking, is good. And with our Social Security System quickly nearing a “pay as you go” ratio, which means one working person will be funding one person in retirement, your own personal retirement plan becomes that much more important. When Social Security was implemented, it was meant to be a supplement to your own personal savings, not a catch-all retirement plan like 85% of our retirees unfortunately, are using it. When Social Security was implemented in 1934, the ratio was 34:1, 34 people employed funding one in retirement. Back then most people actually worked until age 65, and the mortality rate was much shorter than it is today. This compared to now, where people are retiring much earlier and living much longer, puts much more pressure on the system.

Starting early will help you be successful because of one of the main ingredients–time. (The other two ingredients are rate of return, and amount of dollars contributed).

So which is better for you, the Traditional or Roth IRA? Since every situation is unique, it would be important to consult with your advisor to see which was is in your best interest. This would also include seeing if converting a Traditional IRA to a Roth IRA should be a part of your plan. There are many depending factors that include your age, tax bracket, income, etc. that have to be figured in before this can be answered. Then it can be decided if you say “Howdy Pardner” to the IRS now, or at the time you retire. Good luck.

Tim Schumacher is a representative of Strategic Financial Partners in Hays. [email protected]

This article is provided for personal financial information and is not to be considered as financial advice. Under no circumstances does the information in this content represent a recommendation to buy, sell, or hold any security. The views and opinions expressed are those of the author and not necessarily those of the affiliates he represents.

Mr. Schumacher is a Registered Representative of, and Securities and Investment Advisory are offered through Hornor, Townsend, & Kent, Inc. (HTK) Registered Investment Advisor, Member FINRA/SIPC. Branch Office: 130 Springside Drive, Suite 100 Akron, OH 44333 330-668-9065

Strategic Financial Partners is independent of HTK. HTK does not offer tax or legal advice.

First Amendment: Safe space for free speech

Charles C. Haynes is director of the Religious Freedom Center of the Newseum Institute.
Charles C. Haynes is director of the Religious Freedom Center of the Newseum Institute.

When chalked graffiti promoting Donald Trump and his controversial wall appeared overnight on buildings, steps, and other surfaces at Emory University in Atlanta, Ga., last week, student reaction ranged from amusement to outrage.

A small band of some 40 students decided to protest what they viewed as messages designed to stir anger and promote intolerance on their campus.

As if to prove the students right, social media immediately lit up with vicious attacks on the protesters — some of whom were Latino — calling them names, and in some cases, issuing threats of violence.

Fox Sports and other media outlets piled on, characterizing the “offended” students as yet another example of “political correctness” gone wild. Some news stories falsely reported that the Emory administration was offering “emergency counseling” to the students in pain over the Trump graffiti.

In truth, protesting students were answering speech they found offensive with more speech, which is exactly what people are supposed to do in a society committed to freedom of expression. Rather than calling for censorship, the students were calling on the Emory community to stand with them against campaign rhetoric they viewed as harmful and dangerous.

“We are not scared of the chalk,” the students said in a statement responding to the social media backlash against them. “We are not mad about being politically challenged. We are rightfully angry because we also exercise our First Amendment right to freedom of speech and there are people on this campus, and in this country, who as a result choose to threaten us and twist the truth to protect their own bigotry.”

Freedom of speech is challenged and chilled when people speak out, only to be labeled “PC” by media and threatened by those who disagree with the content of their speech.

Freedom of speech is also harmed — it must be said — when anti-Trump protesters attempt to shout down Trump during his rallies, something that happens with disturbing regularity.

We all need, in our various ways, “safe spaces” — homes, houses of worship, gathering places on campuses — where we can openly and freely be who we are with people we know and trust. But in the larger public square of America, including common places we share on university campuses, we must have safe spaces for free speech.

When I was an Emory student back in the day, I helped organize peaceful protests on the same quadrangle where students gathered this month to protest the Trump graffiti. During one of those rallies, a groundskeeper who didn’t like our anti-war message drove his lawnmower back and forth between the microphone and the crowd to drown out the speakers.

I didn’t like the assault on my free speech then — and I don’t like the assault on Donald Trump’s free speech now.

No one has a “First Amendment right” to prevent crowds from hearing speakers at Trump events organized and paid for by the Trump campaign. And no one has a “First Amendment right” to threaten people who protest messages conveyed by pro-Trump graffiti.

Safe space for free speech requires reasonable restrictions preventing disruption, keeping the peace and protecting people from threats of violence.

More deeply, safe space for free speech requires a shared commitment to a modicum of civility. Speech that demonizes, ridicules and stirs hate may be protected speech — but it turns the public square into a hostile, sometimes violent arena.

The First Amendment, of course, does not mandate civility. But civil discourse — robust, but respectful exchange of ideas — is critical to sustain a free society that would remain free.

Charles C. Haynes is vice president of the Newseum Institute and founding director of the Religious Freedom Center. [email protected]

Discount universities: Rock-bottom courses

John Richard Schrock is a professor at Emporia State University.
John Richard Schrock is a professor at Emporia State University.

The continued drive for “seamless articulation” threatens advanced course work in Kansas.

Over a decade ago, a community college teacher requested that his entomology course be accepted as equivalent to a 4-year university entomology course. His training as an entomologist capable of teaching college entomology was solid. But the course had no prerequisite courses. A student fresh out of high school could take it their freshman year. The university entomology course required introductory biology with lab, and then zoology with lab, and then ecology with field ecology. It was taken by seniors and graduate students preparing for careers in wildlife biology, medicine, or veterinary science.

Prerequisites matter. The solid university entomology course built on top of those required courses. But the freshman students lacked that important sequence of 12 credit hours of course work. To learn entomology at that upperclass level, the community college students would need an additional three semesters of prerequisite biology they did not have. The advanced course also relied on biological field experiences, maturity and skills the beginning students lack.

The Kansas university did not approve the course as equivalent back then. But today, they would be forced to accept it.

The Board of Regents Transfer and Articulation Council (TAAC), formed in 2011, is in charge of increasing college course articulation in Kansas. Some call it “consensus building.”  I consider it “coercion.” And TAAC is expanding their efforts beyond the narrow collection of general education courses to the much wider array of freshman and sophomore courses.

The important differences I describe above cannot be used to separate the beginning and advanced courses because TAAC does not recognize prerequisites.  TAAC is also oblivious to a second important difference: the mode of delivery. There may not be a significant difference between a teacher writing on a blackboard or writing on a “smart screen.” But there is a major difference between students performing genuine, supervised, hands-on wet labwork versus viewing computer simulations.

These conflicts have been ongoing in the biology section of the annual Core Competency meetings held each fall by TAAC to force faculty from each Kansas public university, community college and tech college to homogenize, transfer and accept courses based on uniform “core outcomes” for various freshman and sophomore courses.

This debate came to a head over microbiology lab courses. While some community college microbiology courses are rigorous, some are not.  The “baby” microbiology course that may train a nursing assistant in a two-year associate degree program is only a little more rigorous than some high school microbiology courses. Meanwhile, universities preparing students in pre-med or pre-pharmacy programs put far more rigor into their microbiology courses. Biology faculty adopted the professional standards of the American Society of Microbiology that specified prerequisite courses and genuine laboratory work.

TAAC doesn’t recognize those professional requirements. By a 24-to-4 vote several years ago, Kansas school representatives held with the requirement that the labs be real time, wet and supervised—thus ruling out acceptance of the few so-called “online labs” offered in Kansas.

The TAAC representative said they would just keep bringing it back until the faculty approved it.
And the faculty said they would just keep voting it down. As a result, microbiology remains shelved.
TAAC staff warn that seamless articulation is demanded by legislators who want their children to be able to transfer all their course work from Kansas institution to institution.

Faculty question whether any legislator really wants to be the first patient under a surgeon’s knife who was trained on fake labs.

TAAC has had five years to address basic general education courses. Their job is finished. They do not need to water down the rest of the Kansas college curriculum.

MYSLIVY: Coming together to amplify environmental voices

Rachel Myslivy
Rachel Myslivy

After hosting several clean energy days at the state Capitol, the Climate + Energy Project sought to expand advocacy efforts to include water, land, and food policy. While our work has focused primarily on renewable energy and energy efficiency, we understand that energy use is connected to water, land management, and food systems. We wanted to bring together our state’s outstanding nonprofits and businesses to discuss and highlight the important impacts of water, energy, land and food policies in Kansas. We were enormously pleased with the turnout of this event!

The first Kansas Water, Energy, Land, & Food Forum brought over 175 Kansans and 22 organizations together on March 17 to learn about and advocate for water, energy, land, and food policy. The day began with a Climate Prayer Vigil led by Rev. Thad Holcomb, Lawrence Ecology Teams United in Sustainability, and Rev. Chad Cooper, Sustainable Sanctuary Coalition. Immediately following the vigil, attendees gathered to learn about priority bills impacting water, energy, land, and food in Kansas. Paul Johnson and Natalie Fullerton of the Kansas Rural Center, Donn Teske with the Kansas Farmer’s Union, Zack Pistora from the Kansas Sierra Club, Dawn Buehler, Friends of the Kaw, Sharon Ashworth with the Kansas Natural Resources Council, and Dorothy Barnett with the Climate + Energy Project discussed the priority bills and answered questions from the audience. Speakers also offered some tips to make the day’s advocacy efforts as effective as possible.

Following the advocacy overview, attendees were treated to a delicious lunch made from locally sourced ingredients prepared by Raven’s Table Catering. It was a busy day at the Capitol, and the House remained in session throughout the lunch hour. While we were disappointed that some of our speakers were unable to join us, Senators Tom Hawk and Marci Francisco, and Representatives Steven Becker and Sharon Schwartz all shared valuable information about water, energy, land, and food policies at the Capitol.

Throughout the day, some of the state’s finest environmental organizations staffed booths in the first floor rotunda to answer questions, share information, and make great connections. It was one of the most diverse gatherings of organizations that I can remember, and I expect we’ll see great things from this group in the future. We ended the day on a sweet note, together once again in the rotunda for some cookies and conversation.

In my almost-five-years at CEP, this event goes down as one of my favorites. For those of us who work on environmental issues, it’s easy to get too narrowly focused. While CEP works primarily on energy issues, we know that energy use is intricately connected to water, food, and land. With a small staff of three, we surely can’t cover all of these critically important issues. What we can do is invite all of the movers and shakers to come together, share resources, and reach out to the public. The Water, Energy, Land, & Food Forum amplified the voices of all participating organizations and raised the profile of these important issues affecting all Kansans. We are stronger together!

Rachel Myslivy, is Program Director for the Hutchinson-based Climate and Energy Project. CEP is a Kansas-based non-partisan 501(c)3 working to find practical solutions for a clean energy future.

EPA: Diesel engine grants net major air, public health benefits

Janet McCabe
Janet McCabe

Clean diesel grants aimed at cleaning up old diesel engines have greatly improved public health by cutting harmful pollution that causes premature deaths, asthma attacks, and missed school and workdays, according to a new report by the U.S. Environmental Protection Agency (EPA). Since its start in 2008, the Diesel Emission Reduction Act (DERA) program has significantly improved air quality for communities across the country by retrofitting and replacing older diesel engines.

Diesel exhaust significantly contributes to the formation of dangerous soot and smog and is likely to increase the risk of cancer. The funding from the program has helped clean up approximately 335,200 tons of nitrogen oxides (NOx) and 14,700 tons of particulate matter (PM), which are linked to a range of respiratory ailments and premature death. The program has also saved 450 million gallons of fuel and prevented 4.8 million tons of carbon dioxide (CO2) emissions – equivalent to the annual CO2 emissions from more than 900,000 cars. EPA estimates that clean diesel funding generates up to $13 of public health benefit for every $1 spent on diesel projects.

EPA is making a visible difference in communities that need it most through the funding of cleaner trucks, buses, trains, and other heavy equipment. The report on DERA’s impact offers striking evidence that this program is succeeding in providing Americans with cleaner air where they live and work while also cutting the pollution that fuels climate change.

Operating throughout our transportation infrastructure today, 10.3 million older diesel engines – the nation’s “legacy fleet,” built before 2008 – need to be replaced or repowered to reduce air pollutants. While some of these will be retired over time, many will remain in use, polluting America’s air for the next 20 years. DERA grants and rebates are gradually replacing legacy engines with cleaner diesel engines. Priority is given to fleets in regions with disproportionate amounts of diesel pollution, such as those near ports and rail yards.

This third report to Congress presents the final results from the American Recovery and Reinvestment Act of 2009, and covers fiscal years 2009-2011. It also estimates the impacts from grants funded in fiscal years 2011-2013.

Additional report highlights include:

Environmental Benefits
• 18,900 tons of hydrocarbon prevented
• 4,836,100 tons of CO2 prevented – equivalent to the annual emissions from about 900,000 cars
• 450 million gallons of fuel saved

Public Health Benefits
• Up to $12.6 billion in monetized health benefits
• Up to 1,700 fewer premature deaths
• Although not quantified in the report, NOx and PM reductions also prevent asthma attacks, sick days, and emergency room visits.

Program Accomplishments
• 642 grants funded
• $570 million funds awarded
• 73,000 vehicles or engines retrofitted or replaced
• 81% of projects targeted to areas with air quality challenges
• 3:1 leveraging of funds from non-federal sources

For more information on the National Clean Diesel campaign, visit: https://www.epa.gov/cleandiesel.

To access the Report, visit: https://www.epa.gov/sites/production/files/2016-03/documents/420r16004.pdf

Janet McCabe is the EPA’s Acting Assistant Administrator for the Office of Air and Radiation.

WAYMASTER: From the Dome to Home

Rep. Troy Waymaster, R-Bunker Hill, 109th Dist.
Rep. Troy Waymaster, R-Bunker Hill, 109th Dist.
March 25, 2016
Troy L. Waymaster, State Representative, Kansas House District 109

Education Bill Passes Out of Appropriations Committee

In last week’s newsletter, I mentioned that the House Appropriations Committee held a hearing and attempted to work House Bill 2731, which was the education bill drafted to adhere to the Kansas Supreme Court’s ruling from February. Since that bill did not make it out of committee, on Tuesday, March 22, we held a hearing on a new education funding bill; House Bill 2740.

House Bill 2740 made various amendments regarding school finance. Currently, as under the language of the Block Grant Funding Bill, school districts receive the same amount of funding for supplemental general state aid as they did in the 2014-2015 school year. House Bill 2740 establishes a statutory formula for determining the amount of supplemental general state aid. This bill stipulates that the State Board of Education will determine the average valuation per pupil (AVPP) and will categorize those from highest to lowest, then the median AVPP is used to determine the amount that the individual districts shall receive. This provision, as like the Block Grant Funding Bill, will sunset on June 30, 2017.

House Bill 2470 also provides school district equalization state aid, which is a new form of state aid for certain school districts across the state. In order for a school district to be eligible for this particular state aid, a school district’s combined supplemental general state aid and capital outlay state aid, for fiscal year 2017 only, must be less than what the school district received under the Block Grant Funding for the school fiscal year of 2016. If the school district is eligible, then the amount they would receive would be the difference from the fiscal year 2017 amount and the amount received in fiscal year 2016.

Another change from the Block Grant Funding bill is the dispersement and allocation of funds from the Extraordinary Needs Fund by changing the authoritative body from the State Finance Council to the State Board of Education. School districts will still need to apply to determine whether their request for additional funding is warranted or not, however, under this bill the State Board of Education will have the authority to approve or deny those applications submitted by the school districts.
This bill passed out of the Appropriations Committee on March 23, as House Substitute for Senate Bill 59 in order to expedite it through the legislative process. A similar bill, Senate Substitute for House Bill 2655, passed out of the House, 93-31, on Thursday, March 24.

Common Core Has Floor Debate
For the first time in my four years in the House of Representatives, we were finally able to debate a bill regarding the Kansas Career and Readiness Standards, otherwise referred to as Common Core. Even though the State Board of Education is re-evaluating the current standards, we debated this bill on the House floor. However, this bill generated more questions than solutions. The language of the bill was extremely ambiguous, which made the bill complicated and open to more deliberation, and it actually generated more legal questions and about its constitutionality if the bill were to pass.

There was a large fiscal note associated with this bill as well. Not only have the school districts spent hundreds of thousands of dollars on new text books, this bill came with a fiscal note of at least $9 million, plus possibly more if there were federal infractions, and with the current unstable state budget, and instability of our revenues, passing this bill would be fiscally irresponsible. This bill failed in the House, 78-44.

43 Bills Debated
During the House Sessions on Monday and Tuesday of this week, the House deliberated on a total of 43 bills within the course of those two days. Some of the bills were innocuous and some were more contentious. Below is a list of the bills debated in the House and the outcomes:
• House Bill 2739, which would modify the current budgeting process for state agencies and how their respective budgets are approved by the state legislature. The modification would be completed on or before January 14, 2019. I voted yes on this bill;
• House Bill 2724, regarding the Kansas Public Employees Retirement System (KPERS), would make changes in compensation which can be considered in pension calculations. This bill would also require each employer to submit the amount of vacation and sick time each employee has accumulated and the employee’s rate of compensation. I voted no.
• Senate Bill 387 allows for a bank, savings bank, savings and loan association, or a credit union to conduct a savings promotion in which a person would deposit money into a savings account in order to enter a promotion. As a former banker, I voted “yes.”
• House Bill 2729 would require school districts to contract with the Kansas Department of Administration for purchases made in regards to food and informational technology and software. This bill was voted to be referred back to the Education Budget Committee for further work.
• Senate Bill 99 increases the length limit for stinger-steered automobile transporters from the current length of 75 feet to 80 feet. This bill is specifically targeted to those who are custom harvesters making it easier for them to transport equipment in the state of Kansas. I voted “yes.”

Calendar and Contact Information
Friday, March 25, marks the final day of the 2016 Legislative Session, commonly referred to as “Drop Dead Day” in the statehouse. We will then adjourn for almost the entire month of April. We will return to Topeka on April 27 and will then begin what is referred to as “Veto Session.”
As to the duration of the veto session, that is uncertain. We will be waiting for the Consensus Revenue Estimate Group to meet on April 20, and we are scheduled to have Appropriations meetings on April 21 and 22. We will also be eagerly awaiting the revenue numbers that will be released on April 1 and May 1, to see where the state of Kansas is financially.

If you have any concerns, feel free to contact my office at (785) 296-7672, visit www.troywaymaster.com or email me at [email protected].
The honor to serve you in the 109th Kansas House District and the state of Kansas is one I do not take lightly. Do not hesitate to contact me with your thoughts, concerns, and questions. I appreciate hearing from the residents of the 109th House District and others from the state of Kansas.

Troy L. Waymaster,
State Representative
109th Kansas House
300 SW 10th
Topeka, KS 66612

SCHLAGECK:The art of second thought

John Schlageck writes for the Kansas Farm Bureau.
John Schlageck writes for the Kansas Farm Bureau.

Dear reader,

Every Western movie worth watching features at least one full-blown bar room brawl. Such tumultuous scenes are chock full of good guys, bad guys, flying fists and whiskey bottles.

Smack-dab in the middle of all this mayhem there’s always one unlucky cowpoke crawling under the tables toward the swinging doors and safety. After dodging falling bodies, busted-up furniture and shattering glass he crawls into the dirt street where he checks himself for holes, stands up, dusts himself off and skedaddles down an alley.

And so it is with many of us veterans who toil in the word vineyard. Like the cowpoke, some of us have escaped into the street of social media with our finely-honed writing skills intact.

I’d say that’s one heck’uva accomplishment, although one rarely recognized or valued. With each passing day it seems less and less emphasis is placed on the written word, grammar and punctuation.

We’re all too busy. Not enough time.

Include greetings or salutations in Facebook, texts or e-mails?

What are they?

Where’s the personal touch?

Whatever happened to etiquette in written communication?

Writing is the art of second thought. What first springs to mind is seldom good enough.

The skill of writing lies not in a ready gush of words, but in sifting through them carefully. Sometimes this process is swift. Other times it takes a bit longer.

A letter, e-mail or text should be clear, precise, succinct and expressive. Few can decipher one or two letters, hacked-up phrases and excessive punctuation.

Choose the best word to say what you want to convey. Never settle for meaningless exclamation points, bold-faced or underlined words.

Select strong sentences. Use the active tense. Avoid passive tense and words that end in ing. Whenever possible, pick short, one-syllable words.

Write with small words – good ones – that say all you want to say, quite as well as the big ones.

As I discovered many years ago when I read Joseph A. Ecclesine in Printer’s Ink,

There is not much, in all truth that small words will not say – and say quite well.

Small words can be crisp, brief, and terse – to the point like a knife. They dance, twist, turn, sing. Like sparks in the night they light the way for the eyes of those who read.

They are the graceful notes of prose. You know what they say the way you know a day is bright and fair – at first sight…Small words are gay. And they can catch large thoughts and hold them up for all to see, like rare stones in rings of gold, or joy in the eyes of a child.

Some make you feel, as well as see: the cold, deep, dark of night…the hot, salt sting of tears.

In case you didn’t realize it, Ecclesine’s words above were all one syllable – no punctuation, except periods.

Vary the length of your sentences. This will give your paragraphs rhythm. Short sentences are likely to be clearer than long ones and easier to read.

Keep an average sentence to a length of 12 words or less.

Good luck. Write soon.

Sincerely, (formal)

Later, (informal)

John Schlageck

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

RAHJES REPORT: March 28

Rep. Ken Rahjes, R-Agra, 110th Dist.
Rep. Ken Rahjes, R-Agra, 110th Dist.

We have made it to adjournment of the regular session; thank you for the opportunity to serve you in the Kansas House of Representatives.

The House approved 71 house bills and 63 senate bills so far. The veto session will begin on Wednesday, April 27th.

The biggest news of the last week was school finance. The House passed HB 2655, which is a response to the latest equity ruling in the Gannon school finance case. The bill gives school boards new flexibility using a formula that has already been found to pass the constitutional equity standard. Further flexibility on top of that will allow districts to raise extra money locally, keep property tax collections at the current rate, or give property tax relief to their district.

Under the plan as passed, schools will continue to receive predictable and flexible funding at record high levels as the block grant was intended to provide. No schools lose money under the plan, and approximately 24 districts that lost money because of plunging oil & gas valuations will see additional funding.

This plan is designed to keep the Supreme Court from closing Kansas schools while the new system for financing education is developed. I do not believe anyone is truly committed to disrupting education.

Here is a quick look at how this school finance bill would work:

  1.  Under the previous school finance formula that the block grant replaced, capital outlay and the local option budget (aka LOB or supplemental general state aid) used two separate, different calculations to distribute money equitably to schools.
  2.  SB 59 equalizes school dollars by applying the capital outlay calculation contained in the old formula to both LOB and Capital Outlay funding.
  3. Using the Capital Outlay (CO) funding calculation, both CO and LOB money is distributed in a method that has already been determined by the court to satisfy equity among districts.
  4.  Any money remaining after LOB has been equalized then goes to equalize capital outlay.
  5.  After capital outlay has been fully equalized (using the capital outlay calculation) there is still more money left over.
  6.  The leftover money (over $61 million) is the “hold harmless” funding, and is given back to school districts with no strings attached.
  7.  The hold harmless money is completely free and flexible for school districts to put into the classroom or use however they choose.
  8.  The bill gives distribution authority of $15 million in extraordinary needs money to the Kansas Board of Education, which will work better with school districts and their budget schedules.
  9.  The bill is designed to be severable so schools will not be shut down. If the Court strikes down a certain portion of the law, the rest will remain in effect.

This is all contingent on the Kansas Supreme Court approving this school finance plan and we move forward developing a new school finance formula during the next legislative session in January.

Please reach out to me if you have concerns, questions or issues that need to be addressed. You can keep up on things by following and liking Ken for Kansas on Facebook. During the session I can be reached: Ken Rahjes, Kansas State Capitol, 168-W, Topeka, KS 66612; Phone: (785) 296-7676; Email: [email protected]; or 1798 E 900 Rd, Agra, KS 67621; Cell: (785) 302-8416 or [email protected].

You can also track bills and get specific information by going to kslegislature.org.

HAWVER: Revenue fears mount as April estimate looms

martin hawver line art

You’ve done it…driven down the block and around the corner and wonder…did the garage door go down? Or did I pour water for the cat, or whatever else you let run around the house when you’re gone?

Well, legislators are now safely home and have a month to ask themselves those same questions. What did they forget…or just didn’t get done…and what’s it going to look like when they get back to the Statehouse in late April?

Chances are it isn’t going to get pretty.

The budget is, of course, the big issue. With a strictly on-paper shortfall of maybe $30 million and likely to get bigger between now and the end of the fiscal year on June 30, some are wondering what to do and who will do it.

Lawmakers armed Gov. Sam Brownback with some ways to battle an unconstitutional negative General Fund Balance come June 30.

There’s that permission for delaying until after the start of the next fiscal year the roughly $100 million that is due to the Kansas Public Employees Retirement System. He’ll have to pay back that $100 million with interest, but it’s a short-term plan to get over the July 1 hump. Pensioners aren’t happy about it, but they’ve by now been told that it isn’t going to make their checks short.

And, then there’s the Bank of KDOT—raiding the state highway fund for spare cash that governors have done in the past…but for smaller amounts than Brownback has taken during his administration.

But the real fears: Friday—when the official tally of receipts to the State General Fund for the month March are announced—and the April 20 final report of this fiscal year by the Consensus Revenue Estimating Group, the CREG as it’s called in the Statehouse.

That CREG estimate will be the official estimate for the fund balance at the end of the fiscal year, and while it’s official and such, the state still has to have at least one official dollar bill in the treasury on June 30.

While legislators are enjoying Spring Break and starting up their campaign machines for the primary and general elections…there’s still that wondering whether they have actually gotten the garage door closed on this fiscal year.

If the state’s finances don’t get too much worse, they’ve given the governor enough ways to balance the budget with spending cuts announced from the second floor of the Statehouse.

If he wants to…

That’s where things get a little tricky, because the other option for the governor is to hand the Legislature a list of cuts and shuffles he wants lawmakers to make before they hit the campaign trail. But, the easy ones are about used up.

Does the governor actually shuffle money or require furloughs of state employees—that “downsizing” of state government that he has talked about for years? Or does he run out a bill for lawmakers to consider in late April to make quick cuts in budgets for the upcoming fiscal year, which tend to take the edge off this year’s final budget maneuvers?

Nobody knows until we see the numbers for March and the CREG projection for the rest of the year. But it’s one of those issues that for legislators probably is more concerning than whether the garage door went down…and as concerning as whether the cat has water…

Syndicated by Hawver News Co. of Topeka, Martin Hawver is publisher of Hawver’s Capitol Report. To learn more about this nonpartisan statewide political news service, visit www.hawvernews.com.

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