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Sen. Billinger newsletter, April 8

Billinger, R-Goodland

This week was the last week of legislative activity before First Adjournment. Early Sunday morning, the Senate gaveled out for adjournment and will reconvene on April 26th for Veto Session. 
The Senate voted on numerous conference committee reports, a tax reform bill, and a school finance plan. 
A conference committee is a small, bipartisan, and bicameral committee that works to smooth out the differences between the House and Senate’s version of a similar bill. Once the conference committee reaches a compromise, the negotiated bill is sent to both the House and Senate for a final vote before advancing to the governor’s desk. 
When the Senate gavels in on April 26th, we will begin Veto Session and will wrap up any legislative loose ends for the year. 


School Finance-the House plan: In the early hours of Sunday morning and after a night of debate, the Senate voted to concur on a school finance plan that the House sent over earlier that day. On Saturday morning, the House narrowly passed a school finance deal on a vote of 63-56. The House placed their original K-12 finance plan into a Senate bill and passed it to the Senate to either concur or non-concur on the deal. The House’s plan would add $500 million to public school funding over the next five years. The funding plan almost doubles the cost of the Senate’s proposed plan that passed earlier that week. Some opponents of the bill believe the plan will make it difficult to earmark other priorities and require a possible tax increase. The Senate voted 21-19 to concur, sending it to Governor Colyer’s desk for him to sign.

Senate School Finance Plan: Sub SB 423 amends the Kansas School Equity and Enhancement Act by making appropriations to the Department of Education relating to school finance. Sub SB 423 would phase in a $275 million increase to education funding. Some major policy provisions included in SB 423 are: Base aid for student excellence will increase from $4,006 to $4,258 in 2018-19, to $4,334 in 2019-20, to $4,412 in 2020-21, to $4,492 in 2021-22, and to $4,574 in 2022-23. The bill will 
increase special education funding by $24 million in 2018-2019 and 
expand early childhood funding by increasing state aid for three and four-year-old at 
risk children by $3,000,000. 
Allow all students the opportunity to participate in ACT and ACT Work Keys funded by 
the state. 
Add $1,760,000 for ABC Early Childhood Program. 
Provide a pilot program for improvement of mental health services for school districts. 
Provides that all high school students may take a college class in Comp I at no cost to the 
student. 
This bill passed 21-18.

Kansas Tax Reform: Sub SB 2228 amends current law allowing Kansans to receive the anticipated state windfall from federal tax reform. The bill increases the state’s standard income tax deduction and allows Kansans to itemize deductions for state income taxes if they don’t itemize deductions for federal taxation. 
The bill would accelerate restoration of itemized deductions on state income taxes. Currently, state law allows a 50 percent deduction for medical expenses, mortgage interest, and property taxes in 2018. S Sub 2228 would raise the deduction to 75 percent in tax year 2018 and 100 percent in tax year 2020. The legislation also aims to bring more revenue into the state by taxing international income that is expected to flow back into the United States due to federal tax adjustment. An amendment was placed on the floor to grant a 50 percent state tax credit for donors to exhibit renovations at the Eisenhower Presidential Library in Abilene. The bill will allow Kansans to keep the windfall money instead of the state government. It is estimated that the windfall could be around $137 million in the next fiscal year, $179 million in the subsequent fiscal year, and $187 million the following fiscal year.

Senate Sub for HB 2028 would establish the Kansas Telemedicine Act. The bill would also provide for coverage of speech-language pathologist and audiologist services via telehealth under the Kansas Medical Assistance Program (KMAP) if 
such services would be covered under KMAP when delivered via in-person contact.

Two other bills of interest to Western Kansas were passed this last week. HB 2583 would create the Noxious Weed Act and repeal current Noxious Weed law. SB 263 creates a program to research the use of industrial hemp.

Exploring Outdoors Kansas: The pelicans at Curley’s Corner

Steve Gilliland

Just north of Inman is an infamous intersection with sinkholes of various sizes on all four corners called “Curley’s Corner.”

A well-known local guy, “Curley” Neufeldt and his family lived there and actually had to eventually move because the house kept sinking. One of the sinkholes has dead standing timber in it and covers a few acres when full, often making it popular with waterfowl. As we approached Curley’s Corner early Easter Sunday morning on our way out of town, a large “feathery” looking patch covered a portion of the wooded sinkhole. We stopped to look and ponder what we were seeing, and as we sat there, heads began popping up out of the feathery mass. It was a big group of white pelicans, all with their heads down and huddled together to keep warm in the cold, blustery north wind.

The white pelicans at Curley’s Corner / photo courtesy of Sarah Krehbiel from Inman

Mike Rader, Wildlife Education Supervisor for the Kansas Dept of Wildlife, Parks and Tourism (KDWPT) told me white pelicans are migratory and nest north in Minnesota, the Dakotas or southern Canada, so the pelicans we see this time of year are heading from Texas or wherever in the southern US they could find open water in winter, to their nesting grounds up north. I asked him about the white pelicans we see around Kansas lakes all summer, and he says those are probably birds that are either too young or too old to breed, or were sick or injured and couldn’t make the migration trip for whatever reason.

White pelicans are big birds; fully grown adults can weigh nearly twenty pounds, can stand 4 feet tall and can have a wingspan greater than 7 feet. There is no visible distinction between males and females (thankfully they can tell the difference.) Since they are such big heavy birds, they would never successfully migrate if they had to flap their wings most of the time like ducks or geese, so they have to rely on finding thermals to ride during most of their migration journey. During spring and fall we can sometimes see big groups of them high in the sky soaring around in circles. Rader says they are not just out for a cruise, but are in fact finding thermals to help them continue their migration flight.

Once in their summer breeding grounds up north, females nest in colonies sometimes numbering in the thousands. Rader told me females lay only 2 eggs, and other information suggested clutch sizes to be from 1 to 6 eggs. However Rader and all other sources I found agreed that only 1 chick from each nest usually survives to adulthood. During breeding season both male and female white pelicans develop a very prominent hump on the top of their bills that inexplicably disappears after breeding season ends.

The most prominent feature by far of white pelicans is their immense pouch or throat sac, thought to be the longest bill of any bird. Pelicans use those big pouches much like a fisherman uses a dip net to scoop fish from the water. One biologist I spoke with told me he has seen pelicans with carp weighing several pounds in their pouch, which is thought to hold upwards of 3 gallons of water. White pelicans are not diving birds, but use a feeding method known as “synchronized or coordinated feeding” where large groups of them work together to force fish into shallow water or into tight schools where the birds use those big pouches to scoop fish from beneath the surface. Once in the pouch, a backward toss of the head sends the fish whole and still alive into their throat and drains water from the pouch at the same time. Warnings that white pelicans eat hordes of sport fish are unfounded, as research shows the bulk of a white pelican’s diet consists of rough fish like carp, drum and buffalo.

With a diet like that, sounds to me like everyone with a farm pond should have a resident pelican to keep the carp out of there pond! The next time you’re at the lake, look for a group of pelicans, which by the way is called a brief, a pod, a scoop or a squadron, and watch them soar above you on the winds, or watch them fish. They’re a little majestic, a little handsome and a little goofy, but they really are quite interesting and majestic birds; white pelicans are yet another reason to Explore Kansas Outdoors.

Steve Gilliland, Inman, can be contacted by email at [email protected].

MADORIN: Gardens then and now

Native Kansan Karen Madorin is a local writer and retired teacher who loves sharing stories about places, people, critters, plants, food, and history of the High Plains.

By St. Patrick’s Day, my fingers itch to sift soil and plant seeds or potato eyes. Some March 17ths permit starting new growth while others force me to wait. Recently, I read a garden-themed post from old Fort Hays dated March 26, 1871. it stated, “Ten men have been directed to report for work in the post garden and all the prisoners will report each afternoon until further orders.” Clearly, military leadership was eager to turn over that loam and insert seeds saved from previous harvests.

I thought back to old photos I’ve seen of early settlement days where barren prairie dominates the view. It’s easy to imagine how hungry residents and travelers would’ve been after a winter without fresh greens. Just thinking of eating straight-from-the-plant corn, tomatoes, or melons must’ve wreaked havoc on salivary glands. I know how I long for tender spinach or lettuce freshly plucked. In my imaginings, I taste sunbeams before they reach the roots.

Unlike us, those hardy souls couldn’t grocery shop to buy vegetables recently shipped from California or Mexico. Even canned goods offered less selection than consumers have today. You know soldiers and settlers anticipated fresh produce for long months.

Thinking about this historical document raised numerous questions. How big was this garden to require so much labor? What did they plant? How did they water it? Did prisoners see this as punishment or were they, like me, glad to get dirty hands? Once plants began production, did the commander post guards to prevent unauthorized reaping? What procedures did they use to store harvests and seeds for future use?

During past summers, I’ve seen reproduction kitchen gardens behind officers’ quarters, but with ten assigned men and additional prisoners to help, this endeavor required substantially more acreage than those small plots. After all, mess halls feed hundreds. If I planned this, I think I’d place it between the stables and creek so it would be easy to gather fertilizer and to create an irrigation system.

This thought reminded me of decades ago when an older gentleman in south Hays nurtured a phenomenal truck garden on the site of an old dairy. Every year, his abundant crops dazzled family and friends. Every one with a defective green thumb or too little time looked forward to buying his tomatoes, cucumbers, and other lush produce. When I recall his undertaking, I imagine the fort garden must’ve been similar. Every row would have been just as orderly and precise.

To this day, January and February’s first hints of warmth excite me into planning the moment when I tuck that season’s hopes into recently tilled soil. That said, my anticipation can’t match that of soldiers who hadn’t eaten fresh vegetables for at least six months. This reminds me how spoiled I am to have a vegetable drawer full of carrots, celery, radishes, peppers, and lettuce no matter the season. However, my taste buds remind me there’s nothing better than salad made minutes after picking and washing the ingredients.

Native Kansan Karen Madorin is a local writer and retired teacher who loves sharing stories about places, people, critters, plants, food, and history of the High Plains.

First Amendment: Next time, just put your name to the message, Sinclair

Gene Policinski
Sinclair Broadcasting’s recent promotional message on the state of today’s news — delivered to its TV audiences nationwide — is as protected by the First Amendment as it was an oafish attempt to hide corporate messaging under the veneer of local news reporting.

In other words, it was commentary from a conservative company that has a First Amendment right to express its views, but it was also a shoddy tactic that undermined the very thing Sinclair’s leadership claimed to support: good journalism.

Deadspin — an online sports news site — put together a now widely-shared video of news anchors from 45 Sinclair-owned American stations, all reading in synchrony from the same script. The video’s echo-chamber effect laid bare what many have described as an “Orwellian” attempt to deliver a persuasive message using trusted voices in local journalism.

The mash-up of TV anchors, delivering the script with varying degrees of sincerity, prompted dire warnings from left-leaning cable news commentators about media consolidation and ulterior political motives.

President Trump tweeted a defense of Sinclair, using the controversy to take yet another swipe at the same mainstream news outlets he frequently attacks: “So funny to watch Fake News Networks, among the most dishonest groups of people I have ever dealt with, criticize Sinclair Broadcasting for being biased.”

Trump has it wrong — critics took aim at the method, not the message.

Let’s parse the actual effort. As it has in the past on various subjects, Sinclair’s top management — now in charge of TV stations in 81 markets across the nation — sent to its stations a one-minute script warning viewers of “fake news” and impugning the “one-sided news stories plaguing our country,” and the standards and goals of unnamed media outlets intent on pushing “their own personal bias and agenda to control ‘exactly what people think.'”

Anchors close the monologue by looking directly into the camera while delivering a solemn warning that “this is extremely dangerous to our democracy.” Whew. As an old PR adage goes, “Nothing sells like sincerity — even if you have to fake it.”

Yes, so-called “fake news” — a term so often misused and fraught with political baggage that my Newseum Education colleagues prefer “false news” — is a problem, whether it rests in sloppy reporting, expressed or hidden bias, or outright falsehoods.

But why combat the problem with promotional messages designed to appear locally generated when they are not? Why require local news anchors — who, surveys tell us, are more trusted than others in today’s journalism world — to read a PR script with no indication to viewers that’s all they are doing?

For its part, Sinclair has not been bashful about its tactics or purpose. In a memo obtained by The Washington Post, a top executive at the company said criticism of the prepared statements comes from those “upset about our well-researched journalistic initiative focused on fair and objective reporting.”

Scott Livingston, senior VP for news at Sinclair, sent an email to The Baltimore Sun that said “The stories we are referencing in this promo are the unsubstantiated ones (i.e. fake/false) like ‘Pope Endorses Trump,’ which move quickly across social media and result in an ill-informed public…that’s the goal of these announcements: to reiterate our commitment to reporting facts in a pursuit of truth.”

So why not be truthful about the source of the promotional words? Sinclair’s stations are concentrated in cities and states where the majority voted for Trump in the 2016 election — and where audiences are likely to be particularly receptive of any message that questions the veracity of the news media.

Just label the segments as “commentary” and use someone other than a news anchor to deliver the message. Problem solved.

Some of those pushing back at Sinclair’s critics have argued that newspapers have editorial pages where such a message easily would pass ethical muster, whether locally written or “canned” content produced far from the home turf.

Yes, newspapers have editorial pages: sections clearly identified as opinion, and where most publications reserve one well-known spot to deliver their own views.

Next time, Sinclair execs, do yourself and your massive national audience a favor — and fight “fake news” at the same time — by just being transparent about where your message is coming from.

Gene Policinski is president and chief operating officer of the Newseum Institute. He can be reached at [email protected], or follow him on Twitter at @genefac.

MARSHALL: Doctor’s Note April 6

Dr. Roger Marshall, R-Great Bend, is the First District Kansas Congressman.

Friend,

I am standing with our producers against this trade war with China.

This week the U.S. and China traded multiple rounds of tariff threats as the President Trump looks for ways to reign in China’s predatory industrial policies. While today, many of the announcement have only been threats, I’m afraid we are spiraling farther away from a solution and toward policies that will hurt Kansas producers and consumers in both countries.

Our ag industry is always the tip of the spear for retaliatory actions which we have seen several times over the last two months. Kansas’ top six ag products: beef, corn, soybeans, wheat, sorghum, and pork have all been targeted by the Chinese in retaliation to the U.S. government’s section 201, 232 and 301 trade cases.

Our farmers and ranchers are already facing decade low incomes. Now more than ever this we should be focused on opening new markets for U.S. products, rather than taking unilateral actions that cause more harm than good.

We must address China’s predatory industrial policies, but our producers can’t be expected to bear the brunt of this trade war. We must find proactive trade deals that recognize the benefits of free and open trade while penalizing the bad actors that abuse it.

Former Hays resident Jeff Wick with Congressman Marshall

This week, Jeff Wick, President and General Manager of WTC Communications in Wamego, announced that the company will now be contributing to employee’s 401K retirement accounts due to the savings from the Tax Cuts and Jobs Act. We are continuing to see positive outcomes from these tax cuts that not only give workers a few extra dollars but are providing stability for the future for many companies and employees around the country. WTC offers telephone, broadband and video services to Wamego and surrounding communities and by this new savings, WTC and other similar companies, will be able to make plans for future growth, creating more well-paying jobs for working Americans.

Spread the Word

We are still accepting submissions for the Congressional Art Competition! This contest is open to all high school students from the Big First. Each student can submit up to two entries of their work by April 27th.

The winning artist will have their masterpiece displayed in the U.S. Capitol. I will post the runner-up’s artwork in my DC office, and 3rd and 4th place will be on show at my district offices.

To submit your work of art, please e-mail Nikki.Meagher@mail.house.gov.

Manhattan High School Senior Cole Dudley with Marshall

Congrats, Cole!

Manhattan High School Senior Cole Dudley received an offer of appointment from not one but TWO military service academies, the U.S. Air Force Academy and U.S. Naval Academy, for attendance beginning this fall. What an honor, for a very hardworking and ambitious young man.

Dudley is the son of Mark and Gina Dudley of Manhattan. Cole participated in my Military Service Academy nomination process in November 2017. He now has until May 1 to determine which academy he will attend.

Good luck Cole, we are so proud!

BEECH: Ten things you can do with your tax refund

Linda Beech

According to the IRS, the average tax refund in the United States in 2017 was $2763. But remember, a tax refund is not a gift or a windfall– it’s your own hard-earned money that Uncle Sam has used interest-free for a year. Before you go on a spending spree, think about ways you can use your tax refund to improve your financial situation.

Depending on your unique financial goals, that money could be put towards debt reduction, college savings, or growing your retirement fund. Here are ten ideas of what you could do with your tax refund this year.

1. Split it
Use IRS Form 8888 when you file your taxes to split your refund between up to three established financial accounts– for example, your checking account, savings account and retirement account. If you intend to save at least $50 or more of your tax refund, consider participating in SaveYourRefund. With $30,000 in prizes and 102 chances to win, SaveYourRefund provides big incentives to save. See the rules at https://saveyourrefund.com/home/

2. Pay off bills
First priority are regular monthly bills (rent, utilities, phone, etc.) and then those with the highest interest rate. Paying off high-interest debt can help reduce how much you’ll end up paying overall by decreasing or eliminating the interest that would otherwise accrue.

3. Prepare for the unexpected
Nearly six in 10 Americans don’t have enough savings to cover an unplanned expense of $500 or more. While experts recommend keeping three to nine months of take-home income in an emergency fund, even $500 can be helpful in the case of unexpected health care, housing, or auto expenses.

4. Contribute to your retirement savings
Consider setting aside some or all of your tax refund in a savings account, investment account or individual retirement account (IRA) for future retirement expenses.

5. Grow college savings
The sooner you start to save for education, the less debt you’re likely to have to take on when the tuition bill arrives. If your kids are already educated, think about setting up a college savings plan for your grandchildren.

6. Build an investment portfolio
If you’re already investing or looking to get started, use a portion of your tax refund to contribute to or start an investment portfolio. While investments can be a more reliable savings medium over the long-run, they do involve risk. Educate yourself before you jump into investing.

7. Donate to charity
Pay it forward by donating a portion of your tax refund to an organization or cause you believe in. Supporting local entities like your hospital, library, community service organizations or even the Extension Office can help to keep your community strong and vital into the future.

8. Remodel your home
You might be able to increase the value of your home, and therefore your net worth, by using your tax refund to pay for upgrades or repairs.

9. Invest in your career
If you’re looking for the next step in your professional life, consider using your tax refund for professional training or continuing education classes. Investing in yourself and your career can help increase your long-run financial stability.

10. Special purchases
After you have considered ideas 1 through 9, then consider spending a portion of your tax refund on high-priority special purchases or travel. Before you spend, shop around to make sure you have located and negotiated the best deal.

The bottom line- Use your tax refund to build financial security by paying off debt, planning for the future, and setting money aside to help you reach your goals.

Linda K. Beech is Cottonwood District Extension Agent for Family and Consumer Sciences.

PHELPS: House wraps up most work by end-of-March deadline

Eber Phelps, D-Hays, is the 111th Dist. state representative.

The House wrapped up the bulk of our Regular Session work as of the end-of-March deadline after which most bills are no longer available for consideration.

The House will adjourn the Regular Session by Fri., April 6, while legislative staff completes the paperwork on the dozens of bills passed in recent weeks. We will return on Thursday, April 26th for the Veto Session.

On Monday, April 2nd, the House began debate on a new school funding formula in response to the Kansas Supreme Court’s decision in October, declaring the current formula underfunded per the requirements laid out in Article 6 of the Kansas Constitution.

While debate before the full House only just began, many have been working behind the scenes for months to craft a solution. On Tuesday, the House passed out HB 244571-53, and I voted yes. The bill was then sent over to the Senate for review and deliberation. I will keep you updated as we continue work on this critical issue for our state.

At Home in Hays
I want to give a special thank you to all the firefighters that combated the fires in Hays that occurred last month. We are grateful for your service and sacrifice.

Legislative Lingo
Every industry has “terms of art” that are unique to their work and not broadly understood outside of the industry. In my experience, if I can help you understand legislative action without using all of the jargon, you have more power because you understand the process.  Empowering you makes you a better citizen and when more citizens engage, the more representative our democracy becomes.To that end, you will see some new terms in this newsletter which have not come up in previous editions, specifically “Conference Committee” and “Substitute Bill.”Substitute Bills
First, a quick primer on how to read a bill in the KS Legislature:
If the bill amends existing statute:

  • Words deleted from existing statute will have strikethroughtext.
  • Words added to existing statute will be in italics.
  • If an entire section is added, it will be in regular type, but the heading will be in italics New Section or New Sec.
  • Amendments made in House Committee will be in bold type.
  • Amendments made by House Committee of the Whole will be in [bold, bracketed type].
  • Amendments made in Senate Committee will be in bold italic type.
  • Amendments made in Senate Committee of the Whole will be in [bold, bracketed italic type].
  • If the House of Origin deletes material in original bill, it will be in strikethroughtype or deleted new material in italic strikethrough.
  • If the Other house (not the House of Origin – House changes to a SB, or Senate changes to a HB) deletes material in the original bill, it will be in strikethrough underline type or deleted new material in strikethrough underlined italics.

You could probably guess that when a committee makes numerous, long, or complicated changes to a bill, it becomes difficult to read and a substitute bill with the same number is often passed. For example, S Sub H Sub HB 1234 would read “Senate Substitute for House Substitute for House Bill 1234.” In this instance, the House Committee or floor made significant changes, then the Senate made even more changes and substitute bills were passed in place of other substitute bills, but the bill number remains the same. It can be quite confusing, and you won’t see any that complicated below, but it is also is a tip-off that big changes were made to a bill, so paying very close attention to its contents is important.

Conference Committee: 
For a bill to be sent to the governor for signing into law, it must pass both the House and the Senate in the exact same form. Because changes can be made in committees and during consideration by each full chamber, it’s not typical for bills to make it through the process without amendment. Once the bill has passed both the House and Senate, the chamber where the bill originated gets to vote on whether they like the changes made by the secondary chamber. House and Senate personalities, being what they are, they rarely agree with what the other did.

A motion to concur with changes made in the secondary chamber means they agree with the changes and wish to send the bill in its current form to the governor for his signature. A motion to nonconcur means the original chamber doesn’t like the changes made to its bill, and they request a conference committee. The committee is made up of the chair, vice-chair, and ranking minority member from the House and Senate committees which passed the bill.

  • Those six legislators hammer out differences between the versions passed by each chamber, and submit a committee report with those changes to their respective bodies.
  • The committee report cannot be changed and must be passed “as-is” by both the House and Senate before heading to the governor for approval. If one chamber does not pass the report, the bill stays in the committee for continued deliberation until a compromise is reached that passes both chambers. Some bills die in conference committee due to the inability to reach a compromise.

In the House
SB 324 prohibits vehicle manufacturers from coercing or requiring a vehicle dealer to make improvements to the facility if the dealer has made required improvements approved by the manufacturer within the past 10 years. The bill would also prohibit the use of unfair or unreasonable criteria for measuring the sales and service performance of dealers, while requiring them to consider the local and regional data. The Senate approved the bill, 33-2, to which the House made amendments, and approved the bill 123-2. A conference committee was requested by the Senate to work on the bill.

HB 2526 requires every agency that drafts or amends a rule or regulation to include a description of the businesses directly affected by the change. In addition, the agency would describe the benefits to businesses and any actions to be taken to minimize the impact of the rule or regulation on economic development in Kansas. The House passed this legislation as amended 95-26. Hearing testimony is available here. It sits in the Senate Federal & State Affairs Committee, which is exempt from deadlines, so it can still be heard, debated, and passed out of committee.

SB 282—Several synthetic opioid fentanyl compounds and an opioid analgesic drug would be among several drugs added to the list of Schedule I drugs under this legislation, which passed the House 121-3. Schedule I drugs are illegal to possess. The bill also would revise several cannabinoid classes in Schedule I to include new synthetics and substitutes. Oral solutions of dronabinol and a drug that was the precursor to fentanyl would be added to Schedule IISchedule III would get an updated list of anabolic steroids. The Senate approved this bill, 36-0. Testimony is available here. Differences between the House bill and the Senate version will be negotiated in a conference committee.

HB 2644—Postsecondary educational institutions that have implemented a performance agreement with the Board of Regents would be exempt from performance-based budgeting requirements under this legislation. Current law requires the implementation of performance based budgeting complete with varying deadlines and specific objectives that include a program service inventory, an integrated budget fiscal process and a performance based budgeting system. The House approved this bill, 82-42. I voted yes. The bill sits in the Senate Education Committee awaiting consideration.

SB 386—This bill would allow an individual applying for licensure as a professional counselor through the Behavioral Sciences Regulatory Board to have earned a graduate degree in a counseling-related field instead of strictly having a graduate degree in counseling. The individual would need to meet all remaining qualifications already set forth in the Professional Counselors Licensure Act. The House and Senate passed the bill unanimously and without amendment, so it awaits the governor’s signature. View hearing testimony here.

H Sub SB 56—This substitute bill would create the Kansas Cybersecurity Act and would amend the membership and required meeting frequency of the Information Technology Executive Council (ITEC). The ITEC is responsible for approval and maintenance of all information technology policies, IT project management procedures, the statewide technical architecture and the state’s strategic information management plan. Membership would be reduced from 17 to 15 members, and the bill would change who would serve on the council. The bill also would require the ITEC to meet on a quarterly basis. As part of the cybersecurity act, the bill would establish the Chief Information Security Officer (CISO), who would be appointed by the Governor and serve as the chief expert and authority on policy and other matters related to cybersecurity. In addition, the bill would establish the Kansas Information Security Office that would be managed by the CISO. The House unanimously approved this legislation, which removes the original provisions of SB 56 relating to campaign contribution reports and combined the provisions from HB 2359 and HB 2332. For a detailed list of ITEC membership changes, see the supplemental note from HB 2332. HB 2359 testimony is available here. View hearing testimony for HB 2332 here. The bill passed the House and Senate without opposition but the significant changes made will be hammered out in conference committee.

Sub SB 272—Drivers approaching or passing stationary or slow-moving waste collection vehicles will need to be more careful if this bill becomes law. The House voted for a bill, 94-30, that would require drivers to take safety precautions, like switching lanes or slowing down, when approaching any stationary waste collection vehicle picking up trash and displaying hazard warning signals. It was reported that waste and recycling collection ranks as the fifth highest in the nation for fatality rates from distracted and inattentive drivers. The Senate earlier passed this bill, 40-0. Hearing testimony is available here. Differences between the House and Senate versions of the bill are under negotiation by a conference committee.

HB 2773 would create the Kansas Safe and Secure Schools Act, this is NOT the “SAFER Act” which got so much press about arming teachers. This bill would create the School Safety and Security Grant Program initially funded with $5 million. Districts would be able to apply for matching grant funds for school safety and security improvement projects. The legislation also would require the State Board of Education to develop statewide security standards for districts. The Board would consult with the Adjutant General’s Department, the Department of Health and Environment and other state agencies as needed for implementing the bill. Finally, the legislation would allow local school boards to provide firearm safety education training and require the state Board to establish curriculum guidelines for a standardized firearm safety education program. This legislation passed the House, 119-5. The bill now sits in the Senate Ways & Means Committee. This committee is exempt from deadlines, so it is possible this bill could still be on the move.

SB 263—Under this legislation, the state would be able to grow, research and develop uses for industrial hemp. The Alternative Crop Research Act, which the House passed, 123-1, would allow the Department of Agriculture to work alone or with a Kansas college or university to grow industrial hemp. In addition, the bill would allow individuals to participate in the research program under the oversight of the Department. The Senate previously passed a different version of this bill, 36-3. View hearing testimony here.

SB 311—Under this legislation, certified emergency medical services (EMS) attendants would be added to the list of professionals required to report suspected abuse, neglect or the exploitation of residents in adult care homes and related facilities. The House and Senate passed the bill without opposition and it has been presented to the governor.

SB 428—This legislation would amend licensure and inspection requirements for child care facilities. The bill would clarify that if a recreation center or school complies with fire and local building codes, a license could not be denied, suspended or revoked based on the building not meeting licensing requirements because of environmental deficiencies. This would only apply if there are no imminent risks to children, the deficiency is outside the licensee’s immediate authority to correct, and the applicant or licensee has notified the recreation center or school of the deficiency. In addition, the legislation would create definitions for “drop in program” and “school-age program.” The House gave unanimous approval to this bill. The Senate passed this bill earlier, 40-0.

Fort Hays State University students who were in the Capitol to display their graduate research projects.

Committee Work
My Higher Education Budget and Local Government Committees have completed their work for the session.

Appropriations
We held hearings on the following bills but did not take action:
  • HB 2759 requires Veterinarians to report the drugs they dispense to the Kansas Prescription Drug Monitoring Program (K-Tracs) and adds the Board of Veterinary Examiners to the list of agencies responsible for financially supporting K-Tracs.
  • HB 2767 reinstates Enterprise Zone Program, which provides a sales tax exemption for materials, equipment and services purchased for a business expansion project. Requirements are set in place that must be met for businesses to qualify for these exemptions.

HB 2468 includes the House Appropriations’ Committee’s changes to the existing budget for FY19. We debated and passed this bill to the full House for consideration. Keep in mind there are a number of steps yet to go, so this is not the final budget. You can read the details in the bill’s explainer document.

It is a special honor to serve as your state representative. I both value and need your input on the various issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 43-S, 300 SW 10th, Topeka, KS 66612. You can reach me at 785-296-4683 or call the legislative hotline at 1-800-432-3924 to leave a message for me. Additionally, you can e-mail me at [email protected]. You can also follow the legislative session online at www.kslegislature.org.

INSIGHT KANSAS: Forget strategic voting, Democrats just need good candidates

This year confronts Kansas Democrats with something new: a primary challenge in the governor’s race. Former Governors John Carlin and Kathleen Sebelius are split—Carlin backs former State Representative Josh Svaty while Sebelius prefers State Senator Laura Kelly. House Minority Leader Jim Ward and former Wichita Mayor Carl Brewer are also credible candidates. What to do?

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

​My suggestion: just nominate good candidates, then let the nature of the times and the will of the voters do the rest.

One thing Democrats do not need to do is get all wrapped up in the idea called strategic voting—the idea that each candidate must be vetted for his or her electability versus the others. In fact, all of the Democrats are probably equally likely to beat the Republican nominee. The rest depends on circumstances like the state of the state’s economy, the popularity or unpopularity of President Trump and Governor Colyer, Greg Orman’s third-party, wild card candidacy, and which candidate wins the Republican nomination. Democrats have no control over any of these things.

By contrast, Democrats over 40 reflexively recite the names McGovern, Mondale, and Dukakis as an admonition to practice strategic voting. Yet those three landslide presidential defeats of the 1970s and 1980s are over-analyzed. 1972, 1984, and 1988 were all good years for incumbent presidents. Any Democrat would have lost. It was not an issue-based choice—in ’84, for example, polls showed voters closer to Mondale than to Reagan on many key issues. It was Reagan’s image, and his incumbency, that led to his landslide. Meanwhile, Democrats usually retained their large majorities in Congress and most state legislatures back then. They can only dream of having such numbers today.

Today’s younger Democrats are wise not to put too much stock in so-called electability. They have never heard of McGovern, Mondale, or Dukakis, and they distrust candidates who promise to win by moving to the center. In both parties, authenticity, not centrism, are today’s watchwords.

Most Americans do not see the political world as liberal or conservative. For example, Trump supporters hold surprisingly liberal views on a host of issues, including Social Security and Medicare—two of the largest items in the federal budget. They also want government to protect the jobs of at-risk workers: another liberal priority. It is cultural issues where Trump supporters leave their outspoken, conservative mark.

Using the word “liberal” as a battering ram against others is mainly a Republican strategy to rally their base. As such, whoever wins the Republican nomination will call any Democrat “liberal” at every opportunity, because the words “liberal” and “conservative” are mostly cultural markers, not issue positions. As such, they play particularly well with the Republican base. They will throw this “liberal” label at Independent Greg Orman, too. It has little to do with policy.

All four Democrats would support public education and social services far more than either GOP front-runner, Kris Kobach or Gov. Colyer. Identifying himself as anti-abortion, Svaty fills a special niche—not electability, but rather a candidate for those who agree with the Democrats on most social and economic issues but oppose most legal abortions. This group could potentially be quite large. For example, it would include many devout Catholics with views similar to those of Pope Francis. Social-justice evangelicals may join, too. It is good for this group to have representation, but when it comes to electability, the key is for all Democrats to unite behind their eventual nominee.

The most electable candidate is a good, well-qualified one who works hard, has the party’s full support, and relates well to voters. Beyond that, it is largely up to the nature of the times—and the voters themselves.

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

Now That’s Rural: Marci Penner, Big Kansas Road Trip

Ron Wilson is director of the Huck Boyd National Institute for Rural Development at Kansas State University.

By RON WILSON
Huck Boyd National Institute for Rural Development

It is great to bring a bunch of community representatives together to publicize their communities’ assets and attractions. It would be even better to go see and actually experience those attractions first-hand. That’s the type of thinking which has led to a brand new initiative in 2018. It’s the first-ever Big Kansas Road Trip.

Marci Penner is director of the Kansas Sampler Foundation and founder of the Kansas Explorers club. WenDee Rowe is assistant director. For 28 years, their foundation organized the Kansas Sampler Festival. The purpose of the festival was to provide the public a sample of what there is to see, do, hear, taste, buy, and learn in the state.

The festival started on the Penner farm near Inman. As it grew, it rotated among various host communities around Kansas and was held on the first weekend of May each year. May 2017 was scheduled to be the last such festival.

In April 2017, a group of tourism leaders and members of the Kansas Explorers came together to talk about what event might follow the last Sampler Festival. The idea which surfaced became the Big Kansas Road Trip. The concept was that visitors would be invited to a certain area on the first weekend in May to experience the region’s attractions and community life first-hand.

Marci Penner

On May 3-6, 2018, the first Big Kansas Road Trip will visit Barber, Comanche, and Kiowa counties. Anyone and everyone is invited to descend on these three counties during this time and visit the various attractions at their own pace. People are encouraged to drive and/or caravan and to bring their own lawn chairs.

“This is a new concept, yet three people stepped up to support and help form this event from the very beginning,” said Marci Penner. “I’d like to thank Stacy Barnes, Kiowa County; Andi Dale, Comanche County; and Pake McNally, Barber County, for their ability to see the possibilities and to help forge a plan.”

The Sampler Foundation is facilitating the event, but it is grass-roots leadership which is, shall we say, driving the Big Kansas Road Trip.

What is there to see and do in Barber, Comanche, and Kiowa counties? For starters, this region includes High Plains, Red Hills, and the Gypsum Hills Scenic Byway.

In this region, there are multiple museums, monuments, historic barns and other buildings, parks, farms, ranches, gardens, arts centers, unique stores, activities, buffalo and cattle herds, good places to eat, and adventures waiting to happen. There’s the botanical garden and lake in Coldwater, the Carry Nation House in Medicine Lodge, the world’s largest hand-dug well in Greensburg, meteorites in Haviland, the Stan Herd Art Gallery in his hometown of Protection, Martina McBride Park in her hometown of Sharon, and much more.

Each county seat will have an information center. Some events and tours are scheduled, but travelers can visit at their own pace. The organizers emphasize that these are kid- and family-friendly attractions.

This is a scenic and truly rural part of Kansas. Every town in these three counties has attractions listed in the visitors guide. The towns range in size from Medicine Lodge, population 2,009, to Isabel, population 88, Wilmore, population 53, and Sun City, population 52 people. Now, that’s rural.

“In some ways, the Big Kansas Road Trip is about pie,” the visitors guide states. You can hear talk about the delicious, sugary-crust homemade cherry pie at Don’s Place in Protection, but there is nothing like actually tasting it….That’s what the Big Kansas Road Trip is all about: First-hand experiences. Getting to know rural Kansas.”

“Many other people have joined the effort to make this happen, and I couldn’t be more delighted with the enthusiasm and interest,” Marci Penner said.

For more information, go to www.bigkansasroadtrip.com.

It’s great to have communities together sharing their assets, but even better to experience their attractions first-hand. We salute Marci Penner, WenDee Rowe, Stacy Barnes, Andi Dale, Pake McNally, and the many other volunteers who are making a difference by sharing their communities and bringing this concept to life. Let’s go road-tripping!

CLINKSCALES: Same old furniture

Randy Clinkscales
The year was 2008. A couple years earlier, I had moved my grandmother from Fort Worth, Texas, to Hays, Kansas. Now in 2008, we had finally sold her home. It was time to clean and empty the house. We were going to keep the “valuable” stuff, sell what we could, and trash or donate the rest. As I walked through Pop and Mammaw’s home those last few days, a flood of memories from my age of 10 years old through the next 50 plus years were contained in that three-bedroom home on River Oaks Boulevard in Fort Worth, Texas.

My grandparents, Pop and Mammaw, represented stability in my life. My parents divorced when I was young and we lost our home in a bankruptcy. Between the 4th and 7th grade, I was in five different schools in five different towns in two different states, finally ending up in Kansas. It was a turbulent time with the assassinations of John Kennedy, Martin Luther King and Robert Kennedy, and though young, the tension and anxiousness was felt.

Yet, I could go to and feel safe at Pop and Mammaw’s house. There, everything was the same. I slept on the same floor using the same quilt pallet (that is what we called it). I put my feet up on the same couch. Each morning we had the same breakfast of scrambled eggs, biscuits and gravy. Supper would usually include fresh corn bread and many times boiled potatoes. The board games and toys were exactly where they were the last time I was there. I could walk in the same garden. Mammaw’s pecan pie was just as delicious. Pop’s rod and reels were still in the back of his pickup, ready to head out for fishing. I knew exactly where to find a pair of pliers or other tools. If we headed to the farm, we fed the cows in the same way, from the same feed bin, with the same road trip where I would drift off to sleep on the way home, leaning next to Pop.

Pop and Mammaw’s stuff was not nice. It was old, scratched, faded, and, most importantly, used. It was used by the family, every day, at every Thanksgiving, Christmas and summer vacation that we were there with Pop and Mamaw.

Most importantly, there was love at Pop and Mammaw’s. Pop always had a twinkle in his blue eyes when he and my grandmother talked. They always loved each other; they were always best friends. We kids were greeted at each visit with smothering hugs and kisses.

When we meet with families in my office, one topic of conversation is the home, and the “stuff” in it. It can be an emotional conversation. One question is about the importance of the house. Do they need to keep it in the family? How long can they live there? If someone needs a walker or a wheelchair, will it work? Does someone in the family want the home after mom and dad are gone?

We also need to be sure that we talk about the “stuff” in the house. Who gets what? Who wants what? Does anybody want anything? Should they make a list?

The other thing that comes up in our conversations is about how many times my aged clients have set an example for their children. Many times, they have been married for 30, 40, 50, 60, 70 years. It was not always easy. There were turbulent times, but they were there. The kids could always come home, no matter the difficulties of life. The kids could feel the warmth. The home represented stability. The home represented not only the way the world was, but the way the world should be.

So it was with me. My grandparent’s home represented stability to me. It represented how to love someone. It represented a time of reason in a time of unreason. Their old furniture was a blanket of warmth, support and love.

My wife and I have owned our home for almost 20 years. Our home is full of stuff. It has great memories. It has seen graduations, marriages, deaths and births. It has heard laughter and crying. It has felt excitement, joy and disappointment.

Though I enjoy traveling, there is nothing quite like getting back home, slipping into the house like slipping into a favorite pair of shoes. I hope for my family it represents some of the same warmth and security of Pop and Mammaw’s home.

One day our homes may not work for us. I know that. One day someone will have to decide what to do with the stuff in it. I know that.

What I want my family to realize is that the home and what is in it, are just stuff. However, the intangibles, the warmth and love, are what I want them to take from it. I want them to take that and build their own place of stability for their family. I want them to have for their family what I had with Pop and Mammaw.

No, there was not a lot of “stuff” that I took from Pop and Mammaw’s house that day in 2008, but there were sure a lot of memories and lessons of life that I still cherish to this day.

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.

News From the Oil Patch, April 3

By JOHN P. TRETBAR

Oklahoma lawmakers approved that state’s first tax increase in nearly three decades, but the state’s teachers say it’s not enough. The first tax increase in 28 years raises the gross production tax on oil and gas to five percent, adds a $1.00 tax on cigarettes, six cents a gallon on diesel fuel and three cents on gasoline. Teacher pay raises within the legislation are expected to average about $6,000 per year, but the Oklahoma Education Association and the Oklahoma Public Employees Association said it’s not enough. A large group of teachers and supporters walked off the job Monday and Tuesday for rallies at the State Capitol.

Former ConocoPhillips executive James Gallogly is the new president of the University of Oklahoma, after a vote Monday by the board of regents. Gallogly officially succeeds David Boren July 1.

Baker Hughes reported a drop of seven oil rigs in its weekly drilling rig count Friday, and an increase of four rigs exploring for natural gas, for a total of 993, The count in Canada was down 27 to 134 active rigs. Independent Oil & Gas Service reported nine rigs actively drilling in eastern Kansas, down four, and 30 west of Wichita, which was up two. Drilling is underway at sites in Barton, Ellis and Stafford counties. Operators are moving in completion tools at one site in Barton County, six leases in Ellis County, one in Russell County and three in Stafford County.

Operators last week filed 18 permits for drilling at new locations across Kansas, eight east of Wichita and ten in western Kansas, including one each in Barton, Ellis and Stafford counties. So far this year, we’ve seen 381 new drilling permits statewide.

Independent Oil & Gas Service reported 37 new well-completions across Kansas for the week, 402 so far this year. Operators completed 21 wells in the eastern Kansas and 16 west of Wichita. That includes one completion in Russell County and one in Stafford County.

Utah officials are going after a pair of Colorado-based oil and gas companies after regulators said the firms failed to report production figures from leases on state lands. The Salt Lake Tribune reports regulators are considering shutting down 52 wells in an effort to collect an estimated $330,000 in delinquent royalties for the state’s education trust fund.

Negotiators could not agree on a plan for spending Mississippi’s share of the Deepwater Horizon oil spill damages in time to meet the deadline Monday night. The failure likely means at least part of the $750 million will remain in the bank another year. Lawmakers agreed to establish a special fund, but could not agree on whether legislators or appointed trustees should control the account.

After spending hundreds of millions of dollars building rail terminals able to handle more than a million barrels a day of oil, Canadian producers are discovering that all the loading capacity in the world isn’t sufficient if there aren’t enough locomotives, conductors and track space to transport the oil. Production in western Canada will exceed pipeline capacity by 338,000 barrels by the end of the year, according to analysis in the Vancouver Sun. The country’s railroads have been slow to respond without long-term commitments, as they struggle with a harsh winter and large numbers of grain shipments. The area’s benchmark crude has traded more than $20 a barrel below WTI since December.

The Crown Prince of Saudi Arabia tells Reuters that they’re considering a 10-to-20 year agreement with Moscow to extend their short term oil production curbs, adding they have agreement on the big picture but not yet on the detail.”

China is taking its first steps towards paying for imported crude oil in yuan instead of the U.S. dollar, a key development in Beijing’s efforts to establish its currency internationally. The news comes about a week after the opening of crude futures trading in Shanghai. Sources told Reuters a pilot program for yuan payment could be launched as early as the second half of this year. China is the world’s second-largest oil consumer and in 2017 overtook the United States as the biggest importer of crude oil. Its demand is a key determinant of global oil prices.

Saudi Aramco and MIT announced a new five-year, $25 million collaboration for new research and development. In a news release Tuesday the oil company said it would focus on everything from carbon capture and renewable energy to robotics and nanotechnology.

According to Arab news reports, Aramco also participated in a forum of chief executives in New York, joining 200 executives and government officials to promote trade. Aramco reportedly joined agreements valued at more than $10 billion with 14 U.S. companies.

Russia’s oil output edged up in March to an 11-month high of 10.97 million barrels per day, slightly above a limit agreed under a global supply pact. Reuters reported it’s the first increase in Russian output since December and the country’s highest level in a year.

Bahrain, the smallest energy producer in the Persian Gulf, discovered its biggest oil field since it started producing crude in 1932. The country’s official news agency did not offer specifics, but said the deposit off the island state’s west coast “is understood to dwarf Bahrain’s current reserves,” estimated at nearly 125 million barrels.

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WAYMASTER: From the Dome to Home March 30

Rep. Troy Waymaster (R-Bunker Hill), 109th House Dist.

Kansas Amusement Ride Act

Last week we debated amendments to the Kansas Amusement Ride Act that was passed during the 2017 legislative session.  Senate Bill 307 makes various amendments to this act.  Most of the changes reflect the creation of two subcatergories of amusement rides, those being home owned and those registered as agritourism activities.  Also under this bill, hayrack rides or barrel trains would not be included, and these types are now exempted.  They were not exempted in last year’s legislation.

There were also changes made to waterslides in the state of Kansas.  In the bill that passed the senate, waterslides are now defined  as being more than 20 feet in height.  An exemption was also made for waterslides owned or operated by a municipality.  The House changed the language to define a waterslide as one that is a minimum height of 15 feet and must have a lifeguard supervising the slide.

An amendment on the floor was passed exempting rides that are too old to have a manufacturer’s certificate, specifying the  two CW Parker carousels that are housed in the state of Kansas.  SB 307 passed the House Wednesday, 113-11. I voted in favor of SB 307.

Industrial Hemp Bill Passes the House

On Tuesday afternoon, the Kansas House of Representatives debated the Industrial Hemp bill that had already passed the senate, Senate Bill 263.  This bill, as described in previous legislative updates, would create the Alternative Crop Research Act, which allows for the Kansas Department of Agriculture to grow, cultivate, and promote the research of industrial hemp.  The bill would allow individuals to participate in the program without violating any state or federal laws.  This bill still contains the language that the pilot program would be in Russell County, Kansas, or any other county as deemed by the Secretary of Agriculture.  SB 263 was passed out to final action and on Wednesday the bill passed the House, 123-1.  I voted “yes.”

Constitutional Amendment Introduced 

On Thursday, March 29, the House Taxation Committee met to introduce a House Concurrent Resolution (HCR) to alter the language of the Kansas Constitution regarding K-12 education.  A representative from the Kansas Coalition for Fair Funding, which is a group of Kansas agricultural and business leaders, requested the introduction for this constitutional amendment.  The short title for HCR 5029 is for a “Constitutional amendment to declare the power to appropriate funding for education is exclusively a legislative power and not subject to judicial review.”  HCR 5029 has been referred to the House Judiciary Committee and the chairman of that committee has scheduled a hearing for Tuesday, April 3.

House Honors Vietnam War Veterans

On Thursday, March 29, the Kansas House of Representatives recognized the valiance of those who fought in the Vietnam War.  In 2017, President Trump signed into law the Vietnam War Veterans Recognition Act of 2017, which officially designated March 29 as National Vietnam War Veterans Day.  Many legislators approached the well to commemorate the sacrifice they made during the Vietnam War.  2.7 million Americans served during the Vietnam War and, sadly, more than 58,000 never returned home to their families.  Through the eleven years of combat, thousands returned home with scars, PTSD, and memories that will never be forgotten.  As the son of a Vietnam War Veteran, I proudly say that I will be forever thankful for their service.

This Week

Last week the Kansas House and Senate spent all day debating and voting on many different pieces of legislation.  In the House we debated over forty bills and numerous amendments.

This week, the schedule calls for what is referred to as conference committees.  If a bill, that has passed both chambers, has different language, a conference committee is set up for the members of the House and the Senate to discuss those differences.  Once an offer is accepted, then both chambers vote on the conference committee report.

One of the lengthy conference committees is between the House Appropriations and the Senate Ways and Means when, we discuss the differences on each chambers budget bill.  Since I am the chairman of the Appropriations Committee, I negotiate the terms with my counterpart in the Senate, then try to maintain the House’s position and bring back a conference committee report that will pass.

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].  Also, if you happen to visit the statehouse, please let my office know.

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.

 

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