Category: Budgets And Taxation

The 2019 Kansas Legislative Session is now complete, leaving only Sine Die on May 29th at 10:00 A.M. My general overall observation of the session is that we’ve had worse for sure. The fact that the Legislature got their work done on time has to be marked up as a general positive. Also on the positive side is the almost total bipartisan support for resolution of the KPERS payback issue and passage of public school funding that hopefully satisfies the Supreme Court. This Legislature also got the budget done earlier than in recent years, which is also positive. It helps agencies and institutions get off to a much better operating start for fiscal year 2020 which starts July 1st.

Failure to expand medicaid funding was the biggest loss of the session. As a result, thousands of Kansans will continue without any form of health care support. The Administration and Democratic-Moderate Republican coalitions in the House and Senate certainly made every effort to get it done. I also think the Administration worked quite well to educate the public and gain support, which I am sure increased overall public support for expansion to even higher levels than before the session began. In the end, it was Republican Senate leadership that would not even allow a final vote.

The slowness of the legislative confirmation process made it difficult for the new Administration to get off to a fast start, but some of the delay was due to the lateness of the nominations being submitted. The very partisan battle over confirmation of the Secretary of Commerce certainly didn’t help that department move quickly on rebuilding and setting a sound direction for the agency, which was totally lacking in the Brownback Administration. And the confirmation process for Secretary Toland may also set a bad precedent for future hearings that, until now, were very seldom partisan.

Progress was made in reducing the infrastructure taxes you pay in dedicated sales taxes, being taken from highway maintenance for support of education and other general fund responsibilities. This was started in the Brownback Administration to minimize underfunding of key programs at the expense of taking care of our highway system, which negative results would not show up until a new administration was in power. The Governor’s recommendation to reduce that transfer helped but at some point we need to stop that practice or it will become a standard way to help fund the general budget.

There are a few issues remaining before final adjournment of the Legislature on May 29th. Focus will be on any vetoes the Governor makes on passed legislation or line items in the budget. To override vetoes, it takes a ⅔ vote in each House. I doubt there will be much if any success given a number of the override votes will not come to Topeka for such a limited agenda, but it will be something to keep an eye on.

For the future of Kansas to be bright, we must restore the civil service to the quality Kansans need and deserve, fund our infrastructure at an investment level that makes good sense, and fill back in the many funding gaps of the many agencies and programs hurt by Governor Brownback and the far-right legislators. In dealing with these needs next year, given we will have the same Legislature and in an election year, it is not realistic to expect too much progress. Although, the time back in their respective districts will provide opportunities for citizens to speak up on the many key issues facing our state.

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Turning the Page on Reckless Tax Policy

3/25/2019

When I left office in January of 1987, there was a very balanced tax structure in place for Kansas. That system was passed and supported by a Republican-led majority in the Legislature. At the time, the understanding was that this tax plan would fund future needs and, during good years, allow the state to set aside funds for when the economy declined. Then, in the 90’s, the popularity of tax cuts started, and it's tied to the beginning of the Republican Party shift from Eisenhower’s sane, well-thought-out conservative investments to an anti-government and tax-cut philosophy at every opportunity.

Today's Republican Party has gone from one that supports making investments, like education and infrastructure, as carefully and conservatively as possible, while still getting done what needs to be done, to no longer caring at both the state and national level. For the far-right Republicans, which include true believers as well as those just afraid of a primary at the next election, it is as much as anything an anti-government philosophy. Working nicely with that thinking is of course tax cuts, particularly for the rich who fund politics in this direction.

Sound conservative thinking used to include wisely investing in key areas necessary for the good of the people and solid commerce. In the end, underfunding costs the taxpayers more. Why? Getting behind on road and highway maintenance just guarantees higher costs. Not investing in our children at an early age only leads to lives under utilized and more expenses. Communities that do not find or have the resources for dealing with legitimate human needs are not where people who have options want to live, which leads to higher taxes and less in return for those who have to stay behind.

And now in the current Kansas Legislature, some Republicans are trying to take advantage of a new national tax law to pass along another state tax break that primarily benefits the rich. We need to fund public education at a responsible and constitutional level, at least avoid further cuts to higher education to limit tuition increases, and get back to taking care of our infrastructure. On top of this, we continually turn down federal money for Medicaid expansion, something so desperately needed and wanted by many.

How did this happen? As I stated earlier, the shift started at the beginning of the 90’s. One thing for sure, you have to give credit to these early movers and shakers. They knew what they were doing and they started at the grassroots of Republican politics. They were patient, knowing this seismic shift would take time. But, most important, they were great at framing their message, using the right words to be most effective. To turn this around, some of these same skills need to be used by Democrats and moderate Republicans to patiently return Kansas to wisely investing in the future, and it must start now to make sure 2020 results in more steps in the right direction.

And, knowing the many issues and priorities we have as a state, Governor Kelly rightfully vetoed the latest attempt to take Kansas back down the road of reckless and ineffective tax policy. Now it’s up to us—the people of Kansas—to make clear to legislators that we’re ready to turn the page on these policies for good and move towards a stronger, more stable future for our state.

Kansas Senate Chamber [KPR]

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Time to End Government Shutdowns, For Good

1/26/2019

The longest government shutdown in US history has finally come to an end, at least for now. But the pain this all has caused to our federal workforce and the damage done to our nation’s economy and image around the world cannot be undone. In the next three weeks, we can hope to see some movement on a compromise that satisfies both sides and leads to a longer-term funding bill. And I’m especially glad that we can have the debate the country needs to have, in the place where these decisions should be made (within the legislative process), and on the terms it deserves—without using federal workers and government services as pawns in the political negotiation. It’s also my hope that, after the immediate business is handled, this situation leads us to take a hard look at the practice of routine government shutdowns and take action to make this one the last of its kind.

Studies show that 80% of our families live paycheck-to-paycheck. Lack of savings leads to an inability to pay for much, which then impacts many small businesses who also live on an ongoing cash flow. You can’t spend what you don’t have. Federal workers and contractors suffer greatly every time a shutdown happens. And we cannot overlook the long-term damage to the federal workforce from the level of disrespect being shown towards government service and the further exodus of qualified employees who are forced to seek work (and more certainty) elsewhere. In total, the negative economic impacts will continue to pile up, as economists further assess the damage left behind and the total cost to the economy, all of which amounted to nothing but an unfortunate political stunt by President Trump.

The shutdown highlighted the mess we have in Washington. Key issues—climate change, the national debt, and ticking time bombs all around the world—are getting little or no attention. Instead, we fight over a 5 billion dollar wall the President wants that even many Republicans in Congress do not. I can assure you Presidents Reagan, George H. W. Bush, and “W” would have not pushed issues for which the public and even their own party had serious reservations.

And such actions certainly do not help our image around the world, when at the same time we have abandoned all other nations on dealing with climate change. Our approach to securing much needed trade deals seems to be “our way or the highway.” A win-win approach almost always goes into deals that get finalized, serving the best interests of both parties and the American people. Additionally, we are much better off economically when our world partners are prospering too. I fear the practice of shutting down government only emboldens those who support this kind of approach to deal-making, and we should all be wary of the precedent we risk setting by making hostage-taking a normal tool for negotiation in Congress.

In the end, this shutdown ended because the cost to the country finally became a substantive political cost to President Trump, to the point where the President himself began to take notice. The onslaught of concerns over the delivery of basic government services and the security of the American public began to pile up and, eventually, boil over—even among some of President Trump’s staunchest supporters. I’ve always said that, in the end, voters can have real influence but political leaders need to know their concerns and the facts around the issues. So maybe this was an example of that process finally playing out, and it might even help to make the scope and impact of government more real and tangible for more Americans. And, perhaps, we can all agree to view our public employees as the do-er’s of the people’s business and treat them with respect and confidence.

The past 35 days have clearly demonstrated that the practice of shutting down government serves no one. And, while it’s true that this shutdown has brought about no tangible gain, it may have brought an opportunity. It is my sincere hope that we can use this unfortunate event to find a bipartisan solution, legislatively or otherwise, to take future shutdowns off the table and seek better ways to resolve our political disagreements without inflicting such unnecessary harm on the country.

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A Plea to Senator Roberts

1/19/2019

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I think most observers of political races thought Senator Roberts would not seek reelection, but not everyone was so sure. There were frequent rumors and predictions that, given his stature, experience, and solid Republican support, he would run for another six year term despite his age. An open race would be hard to predict, and there is much less confidence of ending in a Republican victory. It is slam dunk for Republicans that he will finish his term. I say that because there were many rumors that he would step down and have Governor Brownback appoint an agreed upon replacement. I doubt Senator Roberts would work that deal with Governor Kelly.

Obviously, given my age and time frame of political involvement, I have been an observer of Senator Roberts’ career for decades. He certainly has been successful, never losing a race and a whole lifetime of work in Washington D.C. He started as staff support for Congressman Keith Sebelius. Leadership on agriculture has been a focus and he has played a very significant role on that budget, and most importantly, the once every five years renewal of the Farm Bill. I know he worked quite closely, in a bipartisan way, with then Congressman Dan Glickman. Back then, when earmarks were in practice, he was very successful at “bringing the bacon” back to Kansas. Right here at K-State, he was key in getting resources for the bioscience research facility (the Hall bears his name) and, in many ways, he was helpful in the bipartisan effort to secure support for NBAF, the National Bioscience Agro-defense Facility being built just off the K-State campus.

I write this blog not so much to recognize Senator Roberts. Others in widely covered editorials have been extremely positive and one can assume there will much more of that given he still has two years left to serve. But, since he does still have these two years to serve, I write this to make the plea for our Senator to now, free of reelection plans, step up and provide some much needed leadership on key issues not currently being addressed and also to speak out when the best interests of Kansans, or the values of our country, are not being served.

Senator Roberts’ lock-step loyalty to Mitch McConnell (who currently holds the power to end the ongoing government shutdown) and his 'look-the-other-way' approach to the words and actions of President Trump have set back the country and also hurt Kansans—even on the issue to which Senator Roberts has devoted the most time over the years, agriculture. Though he's finally shown the ability to speak at least some truth to the President and to Kansans on the issue of trade, I wonder what a difference it would make if Senator Pat Roberts would speak out on the challenges of climate change, for instance. His focus could be tied to the impacts we are already feeling with changing weather patterns that negatively impact production agriculture. Floods and droughts in the same year is a formula for disaster and in 2018 we got a taste of that in Kansas. I’m reminded the Time Magazine article sometime back on Durum wheat in North Dakota, and how rising temperatures have forced the growing of that crop further north. Another ten years and who knows what we might be facing, particularly if we do nothing to lessen the change.

The time has come for Senator Roberts to step up and, in the Kansas tradition, be a bellwether for common sense and decency in the country. If not now, we'll be left to conclude that blind party loyalty has won out, and it will put a lasting stain on a long and distinguished career in public service.

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Governor Kelly Will Take on a Long List of Challenges for Kansas

1/10/2019

As Inauguration approaches and the transition period for newly-elected Kansas Governor Laura Kelly comes to an end, the initial approach to the many problems the state faces will become public and ready for the Legislature to engage. I have high confidence that the Kelly administration will do the very best they can for Kansas, and I have no intention of second guessing their directions. What I do want to do is help educate the public on just how massive the problems are and how desperately important it will be for enough legislators from both parties to set politics aside and, in a-non partisan way, work with the Governor to address our endless challenges.

I say all this because we are at a point of no return. We either step up and correct what is not working or the state, at some point soon, will be in a hole so big that getting out just may not be possible. Making these corrections will, from my experience, require at least two actions to take place. First, will be the incredible importance of quality and sustained communication from the Kelly administration to the Legislature and the people of Kansas. Kansans must understand the massive problems we face. Second, citizens need to participate, speak up, and let the Legislature know they expect (and will support) action in addressing these challenges.

The reality is that quality state government has been totally decimated as a result of the disastrous Brownback years. Public education, as it should, gets lots of attention and, to a lesser extent, the need to take care of our infrastructure is known. Both these areas must be responsibly addressed. But my point is that recent policies have negatively impacted state government across the board. Twelve and sixteen hour shifts for workers in our prisons and state hospitals are not the norm because it is the new way to better serve these agencies’ missions. These institutions simply do not have the budget to adequately undertake their responsibilities and maintain accreditation standards, which can lead to loss of federal funds, further compounding the problem.

Often forgotten is the devastating damage the Brownback administration did to the civil service system. That administration was able, with legislative support, to ignore the long standing system where merit prevailed, which lead to quality folks being attracted to public service. I am sure the Kelly administration will work to get the civil service law changed back. But in this case, the law will allow the administration to switch back to merit now and start the process of recruiting quality public servants we need to successfully carry out state programs and functions. This will all take time and probably much of the four-year term for any significant progress to be made. But steps in the right direction will need to start right away.

For quality government to be restored, it is essential that the public know the long range plan and that the initial steps taken by the Kelly administration are consistent with that plan. From a practical point of view, this will take leadership from both sides of the aisle understanding that it cannot be politics as usual. I know the Governor will be reaching out and doing her part. Key to success is whether the legislative leaders within both parties can set aside 2020 election goals and “gotcha” politics that only lead to stalemate and getting done only what has to be done. We must now put the state and its future first, or that future will not be what we want and need.

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The New Congress Gavels In

1/3/2019

Listening to several new members of the U.S. House of Representatives, I see a much stronger commitment to focus on the issues they ran on and act on what they learned from the constituents they now represent. Seems like these new members were motivated to run, to serve, and fight for what is needed and not just take a step toward a long career in politics, which requires putting re-election efforts first and foremost. If my initial observations prove to be true and new members sell some veterans on putting the needs of the people first, like health care and infrastructure, we just might begin to address gridlock in Washington D.C.

Much of the success in increasing the size of the Democratic Caucus was achieved by talented women. If history is any lesson, this is a very good sign. The current women in Congress have, in general, been much more willing to cross the aisle and put country first. There is no indication that the new members wouldn’t follow that same pattern of bipartisanship. In Kansas, it was the women in the Legislature, in a well thought-out, nonpartisan way, that made major contributions to reversing some devastating outcomes of the Brownback Experiment. In Washington, for key crossover votes, almost without exception, Republican women are on that short list. At this moment there are not many Republican women in Congress, but there are several key ones who are willing to at least listen and set politics aside for the good of this country.

The Republican makeup of the U.S. House is different only in having fewer members in the caucus. It isn’t like there was any surge of new Republicans who fit the moderate mold replacing hard-line conservatives. I assume this is tied to the President’s dominance in Republican politics, including picking and supporting only candidates that are in line with the current far right direction. The Republican political machine probably doesn’t even recruit moderates that might be the most likely to win and to partner with Democrats.

While there will be plenty of opportunities to contrast with the President and speak up for American values, I believe another key for Democrats is not to go “investigation-crazy” now that they have power. Yes, some questions need to be answered, but I hope they pick the investigations with the strongest case that most Americans expect them to conduct. Hopefully, they stay away from dominating the evening news cycle with only coverage of what is being investigated. Much of what needs to be done for the good of the country has strong public support (for example, dealing with climate change). But if the public does not get the news on those issues and becomes distracted by one investigation after another, they won’t be the partner needed to get legislation into law.

In sum, much of these new members’ success, in my opinion, will depend heavily on what legislative plan is put together and how hard they are willing to work to avoid being just another different version of what we’ve had before. If all we get is lots of talk and investigating with no real effort made to reach across the aisle, progress, if any, will be limited. They need to remember the Senate is now even more Republican and if the Democrats’ effort to work with them comes across as partisan politics, I fear come 2020, the public will not be happy with either party. It may be impossible, but their efforts have got to be real and effectively communicated.

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Oh, How Kansas Politics Has Changed

5/21/2018

With the Legislature done for the moment and heavily-contested primary battles heating up in both parties, I pause to take a look at just how much politics has changed since my first plunge into seeking elective office. When I ran in 1970 for the Kansas House of Representatives against Gary Sherrer (who was later Lt. Governor for Bill Graves), as far as I know, there was no outside involvement. I don’t think either party even knew we were running. Republicans were controlling the legislature and had since 1912 with little or no organized effort. In addition, there were no issues or differences pushed, just two candidates asking for votes and letting the people decide. Contrast that with the current 69th district, which would parallel mine in 1970, and you have both parties heavily focused on the eventual outcome.

When I ran for Governor in 1978, the closest thing to anything negative was the Republican line attacking my plan to address the soaring cost of utilities. They thought it was nothing but misleading politics or maybe something more colorful. For the record, it included taking the sales tax off utility bills at a time when rates were soaring and Wolf Creek was coming on line. Also, at that time, there was no way for the Kansas Corporation Commission to avoid either bankrupting the builders of Wolf Creek or dumping all the cost on the users. Compromise was not possible. But with legislative support that was changed, the sales tax came off utility bills, and the law was changed so a compromise could be found between the Utility and customers.

As Governor, I vetoed the death penalty four times and it was never really used against me. In the 1982 race for re-election with Sam Hartage, the main dispute was over my Severance Tax versus his increase in the gas tax. I think we would all agree that would not happen today. In my 16 years—eight in the House and eight as Governor—aside from my two years as Speaker, Republicans dominated, and yet much got done. It wasn’t without politics, and I’m sure some would think of it as a contact sport then as well, but we got things done. My major achievements had to have significant Republican support, especially all the constitutional amendments (parimutuel gambling, the lottery, liquor by the drink, property tax reform, and allowing state support for internal improvements) all of which required a ⅔ vote from both Houses to send them to the public vote (all carried by close to two to one).

In my opinion, the political change from a Kansas perspective started in the early 1990’s. Former legislator David Miller led successful efforts to install very conservative Republicans into leadership positions at the local level and then, in time, took over the state party leadership. It was the beginning of splitting the Republican Party into the Mods and far-right Conservatives. It also was the beginning of a big use of special interest money and not all of it focused on the truth.

So where are we today? For the second election in a row, Kansas has Democrats and moderate Republicans working under the banner of Save Kansas and backed by four former Governors (Hayden, Graves, Sebelius, and myself). The 2016 results were positive, electing enough new legislators to overturn the Brownback Tax Experiment and start the process of returning Kansas to the respect it has had in the past. In this election year, much of the big money will be with the far-right, playing loose with the facts. It will be up to moderate and sane Kansans to take a stand and help elect legislators willing to lead the state back to success. Oh, how much politics has changed.

Here's a throwback to an era of cooperation and bipartisanship in the Kansas Legislature. Pictured here is a lighter moment between Republican President of the Senate, Ross Doyen, and myself—the Democratic Speaker of the House.

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Governor Colyer and the 2018 Election Year

5/8/2018

On the surface, Governor Colyer is doing everything that is politically sound to distance himself from Governor Brownback. But he has to do it in such a way that he doesn’t upset the far, far right who will probably determine the Republican primary outcome one way or another. He will also focus on Kansas issues and try come across as reasonable and calming in contrast with Secretary of State Kobach. For example, he recently had a signing ceremony for an executive order that would allow recently released lawbreakers to apply for state jobs. Good move, if it does not upset the far right. On the other hand, moves like his intent to sign the controversial adoption bill—which allows organizations to refuse adoption placements to LGBT couples—make it very clear that his new-found “political courage” will only extend so far.

In other words, he will work hard to communicate he is not Brownback 2.0 but without making changes on major policy issues. He will stick with the Brownback tax cut direction but smooth over a few things to hopefully make voters see him as different. He is showing signs of wanting to reach across the aisle, meeting with a mix of legislators, including Democrats. But it seems like only the tone has changed, the photo ops being more friendly, but the positions do not waver. This makes me believe, if elected, he would still be ready with the veto pen to stop many of the changes we desperately need to put this state back on the right track.

One issue he can’t run away from is his leadership to establish KanCare. Governor Brownback gave then Lt. Governor Colyer the leadership responsibility to develop the KanCare program and put it into operation. Even some Republicans join Democrats in blasting this program and with good reason. It just hasn’t worked. But we shouldn’t be too surprised. The level of passion for helping folks in need does make a difference in the effort to have positive outcomes.

He continues to oppose Medicaid expansion, a program that generates much support across the state. This is particularly true in more rural areas where their hospitals are struggling to stay open. He will also need to learn about the costly side effects of neglecting health care for thousands of Kansans. Forcing folks in need to go to the Emergency Room is a far more costly choice.

So, from a political point of view, where is our Governor as it relates to this election year? In selecting Tracy Mann to be his Lt. Governor running mate, given his limited record, Mann can help lean whatever way seems to help the most. Kobach is not going to change. He now has a bank as a running mate (Wink Hartman) and will work to hold the hard core Trump voters. Jim Barnett is a fine man but too sane to get broad support in the primary, although he will draw from some of the reasonable voters who the Governor needs to win the nomination. I don’t know where the Insurance Commissioner fits but we do know every vote he does get could have gone to someone else.

The Democrats in general can not let Colyer and Company get away with his effort to be new and reasonable. He may have changed wardrobes, but underneath, it is the same old backward movement that has Kansas looking up at almost all states on key rankings that impact the future.

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Final Stretch of the 2018 Legislative Session

4/26/2018

The tentative positive outcome on both school funding and the overall budget (which could have seen more cuts to Higher Education and additional robbing from the highway fund beyond the existing $450+ million) is the direct result of many successful efforts in the 2016 legislative races. The results changed the makeup of the legislature to one that is more likely to invest wisely in public education and eventually address our serious infrastructure issues. This is the best realistic outcome for 2018. But as it has been said, it ain’t over ‘til it's over, and we are not yet there.

The bill correcting the $80 million error on school funding should be treated as simply a technical correction. But, like it or not, it is an opportunity for amendments and a rehash of the original bill passed and signed by the Governor. The wildcard here is over the three week break, what did legislators hear from constituents and/or lobbyists with money for the fall election? Were they complimented for doing what was right or castigated for over funding and bowing to the Supreme Court? As votes are taken on amendments, we will quickly know which way legislators were successfully directed.

Opinions differ on whether the school funding bill might need tax increases sometime soon. But for now, not having to make any tax increases in an election year made the most legislators happy. Unfortunately, they are working a possible tax cut for Kansans tied to the changes nationally on deductions. I understand the politics. But this is a missed opportunity to take a modest step in putting together the resources for next year that are going to be needed if we want to make further progress on getting the State of Kansas back on track.

So what is the Court’s next move? Will the legislative funding number be enough? At this point, I hope so for the sake of the court system and the positive step taken to fund education. Shooting down what the Legislature has done could set off a constitutional crisis. For sure, there would be another push for changing the Constitution and further movement to throw Judges out of office. Neither of these actions, if successful in the broader sense, would be good for the State of Kansas. It would signal a declining support for public education, a movement away from the three equal branches of government that our founding fathers knew was necessary, and it would leave partisan politics playing a much stronger role than ever.

Sine Die, final adjournment is set for May 4th. If things don’t go as hoped, there will very likely be a special session of the legislature this summer.

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Ready or Not, Campaign Season is Here

1/24/2018

Someone once said that the only two things guaranteed in life are death and taxes. I’d like to add one: words that are short on truth. In campaigns, candidates often say a lot of words and they’re taken at face value. But they need to be scrutinized, evaluated, and the truth shared with the voters. Unfortunately, that is easier said than done. The hard working press often try, but especially today the working reporters are too few and far between and often simply do not have the time to do the research. And then there is fake news and social media complicating things further. But, since the campaign season has officially begun, below are some messages that deserve some scrutiny from Kansans during this critical election year.

What got me started down this path were a couple of communications that stood out as examples where pushback is needed to add some truth. The first is what I’m hearing from some outspoken far-right conservative Republican legislators. They were certainly no help in correcting the disastrous Brownback tax experiment in the 2017 Legislative session. Now they are attacking Governor Brownback as if they had never gone along with his plan. Rep. J.R. Claeys, a Salina conservative was quoted in the Topeka Capital calling the budget “short-sighted.” He accused Brownback of throwing all his allies under the bus. They want us to forget how they voted and simply buy the rhetoric that re-elects the incumbent. If you think for a moment these ultra-conservatives criticizing Brownback have had a total conversion, please return to reality. Americans for Prosperity and the Koch Brothers do not change stripes. They just double down.

The second example comes from the message that Independent Greg Orman put out to jump start his effort to be the next Governor of Kansas, a bid which officially launched today. Let me say first, I admire and like Greg. He is a fine man who made a valiant effort to unseat Senator Pat Roberts in 2014. But this is 2018, and at best, all he can do is help elect Kris Kobach or possibly soon-to-be Governor Colyer. This would simply extend the Brownback misery for up to eight more years.

Orman’s a spoiler, but what really gets me is the message he is putting out that both Kansas and Washington D.C. are essentially political cesspools that only an independent can fix. I understand that has some fit with D.C., but to include Kansas with no effort to be fair or tell the whole story, I take serious exception. Democratic and moderate Republican legislators, backed by four former Governors of Kansas, made huge positive changes in the 2017 legislative session. As a word of advice, Greg, this only reinforces those who believe your real goal is a U.S. Senate seat, not serving as Governor. Those invested in Kansas politics know that both our history and our recent success proved Kansas isn’t Washington, and bipartisanship can—and does—exist.

Words used do matter, and the truth can make a real difference. I close with a personal experience to end on a softer note. When I was Speaker of the House and home for a weekend, I attended a Chamber legislative lunch. The death penalty was a frequent topic, and although I opposed it, I said little if anything. The Sunday Salina Journal really got my attention. Page two headline was “Carlin says the death penalty will only pass over his dead body.” With a tape of the lunchtime session, I was in the Journal office the next morning to share the record of what took place. In the Tuesday edition, I made the headlines again. “Carlin claims he did not say the death penalty would only pass over his dead body.” Clearly it was my personal lesson on not fighting with someone who buys printer’s ink by the barrel.

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The 2018 Legislative Session and School Finance

1/18/2018

With Governor Brownback’s State of the State speech and the release of the Administration’s budget recommendations, we now have the opening of this year’s legislative session behind us. What makes this year totally unique are two factors not routinely in play. First, we don’t know how long it will be until we will have Governor Colyer—as we await news from the US Senate on Browback's confirmation effort. Second, the the Kansas Supreme Court and school finance hangs over the Capitol like a tornado on the horizon. To say this session will be a huge challenge is an understatement.

Early reaction says the budget that the Administration delivered was dead on arrival. Republicans, in particular, have led the negative response with a focus on the fact that the Governor had a nice sounding message but delivered it out of context. His avoidance of saying anything about how the state should pay for his recommendations was particularly offensive to almost all legislators. This was particularly upsetting to those who voted for tax adjustments last year in efforts to start addressing the fiscal crisis tied to the failed Brownback tax experiment.

So where are we? First let us look back to last year for a moment. As you know, very significant progress was made that included overriding the Governor’s veto on a tax plan that took a significant step in restoring much needed funds. The downside was that it was not enough to fund a reasonably full recovery. Too many legislators, as well as special interest groups, were a little too anxious to get anything close to what is needed. In the process, they likely left some important resources on the table that could have lessened the existing fiscal pressure.

Despite the progress, the Kansas Supreme Court has made it clear that even with the additional funding, it is not adequate. Their position is based on their interpretation of the Kansas Constitution regarding the state’s role in funding public education. Additionally, those who have never supported increasing education resources will be pressing for a Constitutional amendment that basically takes the Court out of any jurisdiction on school funding. Given the required ⅔ vote from both Houses, that is unlikely to happen.

Next are the political realities. Last year’s progress on school funding and the budget was clearly a heavy lift. Now we are in an election year, with the entire House up for re-election. Also, it is easy to assume that whatever tax bill reaches the Governor's desk, regardless of who is Governor, will be vetoed. There were no extra votes in last year's override. Given that fact, the likelihood of a repeat in 2018 is very slim. In addition, why would all the newly-elected members who were there for the 2017 override vote for another tax bill that, logic says, will not pass?

So where does all of this leave us? At the moment, I see no traditional answer to this constitutional crisis. My dream would be a Supreme Court that is willing to talk privately to legislative leaders from both parties about the realities that they face. Then, out of that, would come a compromise that spreads the mandated funding increase over a reasonable period of time. This might allow the money that became available from last year’s effort to be adequate to meet the first year’s commitment and then begin down a multi-year path towards meeting our constitutional commitment to public education. Although, I understand when your response is “dream on.”

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Much at Stake for Kansas in 2018

1/4/2018

As we enter 2018, it is hard not to feel like we’re heading into some of the more consequential months of our history, at the national level as well as right here in Kansas. 2017 was a roller coaster year, and it seems this will continue into the current year, with an extremely influential election approaching us before 2018 ends. I will have more to say on national politics in later blog posts, but I’d like to start out this year with what we’re facing at the state level here in Kansas.

We begin the year with essentially two Governors and no one knowing for sure when and how that will change. Next Tuesday, Governor Brownback will deliver the State of the State Address to the Kansas Legislature and the citizens of Kansas. It had been assumed for months that it would be Governor Colyer giving the Address, but the workings of the U.S. Senate got in the way. It is assumed that this will get corrected when/if Brownback’s nomination is resubmitted. Why is this an issue? Politically, it complicates things for Lt. Governor Colyer. He had hoped to be leading the way, setting his own agenda, and in the process establish himself as an incumbent running for re-election.

In my judgement, the race for Kansas Governor in 2018 is more important for the future of this state than any preceding. Why do I say this? Because this election (in addition to the races for the Kansas House of Representatives) will decide whether, as a state, we once-and-for-all bury the Brownback agenda. We took a serious step in 2016 that led to the 2017 Legislature bringing a real breath of fresh air and progress to the state. The 2018 election will be a referendum on whether the people of Kansas like that direction or prefer to go back to the Americans for Prosperity approach of starving education, ignoring vital health care needs, underfunding basic state services, and neglecting our state's infrastructure.

We also start 2018 with what has to be the largest field of candidates ever for Governor within both parties and, to add to complication, a possible serious independent candidate. We are not used to this much interest and competition, especially Democrats, and from experience I know a little about how this changes things. In 1978, I had two serious, qualified opponents. It made fundraising a particular challenge because too many Democrats didn’t want to commit early or even before the Primary. On the flipside, it is fortunate for Democrats that with a very crowded Republican race that there is serious competition for the Democratic nomination. Without that, there would be no real press coverage or forums to reach the public until after the primary.

This leads me to a very practical concern, especially for the very large field of Republican candidates. Without a run-off system (where there is a second election if the initial winner has less than 50%), the party’s winner might not really be the strongest candidate. For example, it could very easily be in the Republican race that the second finishing candidate might have much more support from those finishing down the line and would win a runoff vote. This is why most observers of our current Republican field believe clearly the early leader is Secretary of State, Kris Kobach. This is despite his being very unpopular in many Republican circles—not to mention the scores of Kansans and Americans who are fed up with, among other things, his assault on the right to vote (part of which will face its day in court in March). With Kobach’s solid base of support, a crowded primary is much to his liking.

This election has so much at stake, as starkly different political agendas will go head-to-head. With so much contrast in possible outcomes, hopefully participation from voters will be driven up, even in an August Primary. Ideally, there will be many public forums where you are able to evaluate the candidates side by side, free of the all-too-often false, misleading mailers and ads that we’ve become accustomed to, especially in this big-money era of politics. And, in the end, a new Governor—who leads us into the future by bringing us together and not taking us back to the horrors of the last seven years—must prevail.

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Deficit Concerns Won’t Slow the GOP’s Trickle Down Trainwreck

12/18/2017

While still absorbing the devastating tax changes from the Republicans in Congress, we are now seeing the next low blow to the working class of America. Remember how the tax bill over time added to the deficit in the trillions? This raised questions on where the so-called “deficit hawk” Republicans have gone. But now we are learning what they are really up to. With the votes apparently in hand on the tax issue (providing the rich huge benefits), they have developed a new concern about the deficit. And, when the bill they're working to pass doesn't generate enough revenue in economic growth to pay for itself—which is the classic defense used in Kansas and other places to justify implementing these trickle down trainwrecks—their answer will be to go after the entitlements, the so-called “give away” to Americans who “won’t work and/or save for their future.”

Medicare, Medicaid, and eventually Social Security suddenly now become serious targets for those who, for a long time, thought the government was doing too much for the people. Particularly now that their fiscal nightmare of a bill seems in line to pass, they say they have real concerns about the deficit. If young and extended families, particularly with children, don’t start making their case, their future becomes much more dicey. These young families face expensive child care (in most cases they both have to work to make the family budget), exploding health care costs, and student loan payments or other costs to educating themselves for the future. At the same time, salary increases are in no way adequate to cover these realities. On this one, both parties share the blame. Republicans want to privatize entitlement programs to cover up their real goal: to shut them down. Democrats defend the programs as is and have yet to address the challenges demanded by demographic reality. With folks living longer and the balance between retirees and workers changing, without changes to these programs, the end comes at some point down the line.

This is also what you get when you have a Supreme Court deciding that the very rich should have no limit as to how much they can spend to elect who they want and to get from them what they claim they need. They certainly should have a right to contribute and make their case, but it should be done on the merits, without the big-money artillery pointed directly at the elected person’s future. As a result, we now have relatively few Billionaires basically running the country into the ground, with only them benefiting from their trickle down philosophy.

So what do rank-and-file Americans do? Yelling and screaming to our family, friends, and anybody within shouting distance will not get it done. Giving up, ignoring what is going on, certainly will not help. Not registering to vote and/or not voting works right into the hands of those who are currently benefiting from the system as it is. We must, as I’ve said before, take our frustration into action.

Therefore, find forward-thinking candidates who understand the value of wisely investing and responsibly taking care of those in need, and help them get elected. Doing that begins the process of shaping tomorrow into the future we all want and need.

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Another Unfortunate Step In Tax Law Overhaul

12/5/2017

Very late last Friday night, the United States Senate passed their plan to overhaul U.S. tax law. This takes us a step closer to the President’s signature and, in so doing, it becomes very clear that they voted primarily on faith. Neither side of the isle knew for sure what all was in the massive bill. And, most importantly, the American public have no idea what was offered and buried somewhere to get the final votes Majority Leader McConnell needed. Remember there were no real hearings and quality time invested in sorting out what would be best for the American people. Movement was primarily driven by doing whatever to get the votes to pass this monster along so the President can have at least one major victory in his first year.

The next step is reconciliation and working out the differences with the House version, passed much earlier where Speaker Ryan had much less trouble lining up the troops for the necessary votes. Technically, it is always possible the bill can be improved in this process, but don’t hold your breath. Republicans in Washington are hell bent on helping the very rich with permanent cuts and teasing the middle class with benefits that will go away in a few years.

Despite the image of listening to their constituents and the hard work of many Kansans to get their messages of concern across, the entire Kansas delegation is lined up to vote for the bill—regardless of solid arguments being made and overwhelming evidence of the failure of a similarly-minded law in their own state. Also, what happened to Republican concerns about the massive increases in the national debt? When you are talking about trillions one would think that would become quite a concern. Now I know there were some saying that was not going to happen, but they seemed to be on the side of wanting the bill to pass. Respected independent analysts were consistent in their major deficit concern. It seems fiscal responsibility is no longer a Republican value.

In reading the follow-up analysis of what this tax bill could end up doing, a couple of changes got my attention. One was taxing the tuition waivers that graduate students receive for participating in various teaching and research assistantships and, in the process, making it much more difficult to advance their education. Another was a proposal that undermined a research and development tax credit many companies use to encourage innovation. I still don’t know all the details and the implications, but it seems to me that reducing the graduate student population and taking away incentives for innovation will only make it even more difficult for us to compete around the world.

But it appears we do want to give the wealthiest of our citizens and companies tax breaks that help their bottom line but will have little or no help for adding jobs and salary increases for workers. This will not change until voters see through this cash grab for the rich and start voting for their own interests. Until then, the moneyed elites will prevail, to the detriment of our country’s future.

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The Republicans' Crazy Tax Reform Effort and Why

11/17/2017

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I know that following the tax reform legislation in Washington is not high on very many people's list for the coming holiday season. I would normally fit into that pattern myself, but this tax reform package at this time is beyond the pale. Just when you think it can’t get crazier, out comes a new twist that takes crazy to a new level. Politics is driving the reform effort—not sound tax policy or concerns for shrinking the deficit or growing the middle class. To those who think that is just a political comment, I wish it was. Republicans are now under pressure to not just give the President a long sought-after win but, most importantly, deliver to the rich and large corporate interests an unbelievable tax break.

Why are the Republicans doing this? It is primarily driven by reelection concerns. The main motivation for doing something so indefensible is the fear of a primary opponent funded by the far-right and billionaire contributors who want their tax break. These big money folks are just getting into really using their power, thanks to the Supreme Court and Citizens United, which opened up the floodgates to unlimited spending on political campaigns. Campaigns were expensive before, but now they are off the charts and we are starting to see the real results.

The tax plan as it is now, which will likely continue to change, will include rolling in Republican’s earlier failed effort to repeal Obamacare (ACA). Remember the earlier efforts, opposed by every component of the health industry, with all sorts of changes that Americans oppose in significant numbers? These changes are now apparently back up for consideration. Keep in mind that this is being done at a time when sign up for the ACA is higher than ever before, despite the Administration's every effort to discourage enrollment.

Now in fairness there are a few good parts, like tax credits for child care, in this tax reform package, and it is no surprise our Kansas Congressional Delegation is pushing these parts as their primary defense in supporting this reckless legislation. What makes their support most difficult to understand is as Kansas Republicans they should know one of their own, Governor Sam Brownback, tried this tax reform policy only to become one of the most disliked Governors in the country. It just goes to show how big money can drive common sense off the table.

The only way we get tax reform that can really benefit the American people is from a process that is more open to public involvement, where objective experts can publicly testify, and where bipartisanship is a component. Tax reform is an area that is unbelievably difficult even when it is done correctly. But, without input and some votes from the minority party, it just means when the minority party is back in power, their number one priority will be to repeal the law they all opposed when they were in the minority. It didn't use to be that way when we elected the likes of Dole and Kassebaum.

It is probably too late to communicate to our delegation and expect any positive results when our earlier messages were just dismissed. But we can remember come election time, who they represented with their votes and remind them at every opportunity that we know where they stand, and it is not with the vast majority of Kansans.

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Big Money's Influence on Government

11/6/2017

Privatizing government functions is a topic that has been around for a long time. But it takes on added interest and concern when one party controls all the power in Washington. In this case, it happens to be the party that is most comfortable with turning basic government functions over to the private sector. Now consider the impact of the Supreme Court decision on Citizens United, which opened the floodgates for billionaires to play an unlimited role in politics. These wealthy citizens help recruit and fund the candidates they want. Then these same citizens use their influence to get legislation they need to take over previously government-managed functions.

This is about the private sector creating opportunities to run government programs for profit. The classic example is private prisons. As far as I know, it is very logical and legal that the private sector would want to manage prisons. But it certainly is not being done as a public service. The private sector wouldn’t be doing it if they didn’t think they could make money. But what really throws fuel on the fire is their lobbying skills and unlimited money to get longer sentences for nonviolent crimes. The result is more population in the prison system and, logically, the need for more prisons all-the-while padding the pockets of the already rich. That is not good government at work for the people. Fortunately, privately run prisons are getting some real scrutiny.

But the prison example is only the beginning. A frightening one that could gain traction is taking programs like Medicaid totally private. I don’t think it will happen, but the effort will certainly be made in some way at sometime. Our backstop for now is the same few Senators who have stood up to crazy replacements of the Affordable Care Act. Having Senator John McCain speaking truth to power is a solid plus for sanity, but he needs a couple of others to stand up to the pressure as well. To those who say it is easier when one is seriously ill to take a tough stand, I say this is not the first time Senator McCain has spoken up. At a well-covered campaign event in the 2008 election, he defended President Obama as a decent man and an American citizen.

I know from experience there are appropriate areas of government that can work well with the private sector. The Clinton Administration pushed finding areas that would be win-win. At the National Archives, we put the security force needed out for bids. The key to a win-win is private sector services that are non core functions of the Federal government. For example, we would never have supported putting out for bids the handling and processing of federal records in any way. For that work, we had dedicated, properly trained and motivated professionals handling these valuable assets for the interests of government and the American people.

But the final problem we have with many possible private sector run government functions is that all-too-often the private sector doesn’t even support the core functions of the agency or program being taken over. It isn’t in many cases that they think they can run it better, but that privatization creates an opportunity to shrink government without any real review or assessment of the impacts on citizens. As I’ve said many times, elections do have consequences.

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The True Cost of Neglecting our Civil Service System

10/11/2017

In my last blog, which reviewed the six plus years of the Brownback Administration, the final major point was the damage done to the civil service system. I want to follow up on that because there is more to the story, and understanding this in some depth is very important as we move forward with efforts to restore our state in the wake of these damaging years for Kansas. Without a clear comprehension of what happened with the civil service system and the consequences of those decisions, there will be little opportunity to gain the support necessary for positive action.

This problem was underlined recently when I was helping Lynn’s mother get her handicapped license renewed. We got her a handicapped parking permit when she moved here to Manhattan three years ago. In reality, she has done so well she has almost never used it. But when renewal time came, we decided to re-up, and I was given that responsibility. My first move was to go out east of town to the State Motor Vehicle License facility. I made it no further than just inside the door to learn, with the room packed at mid-afternoon, that there was no way they could take care of me that day. I came back earlier the next day to another jammed room, but lucky for me, I thought when I signed in I should make sure I was in the right place. I wasn’t. I needed to go to the county treasurer’s office at the courthouse, which I did. Now, stick with me, for I’m about to get to the point.

At the state facility, it was obvious that one needed to allow plenty of time, hours not minutes, to get a driver's license new or renewed. This was not because of state employees not doing their job, but because with the budget cuts from the Brownback administration, they were short the staff they needed to serve the public in an efficient way that was respectful of Kansans’ valuable time. At the county courthouse, service was efficient and professional, and I was in and out in no time. It appears that our local officials fund services conservatively but adequate to do the job in an effective manner. And I know this is but a small, personal example of what happens to countless Kansans on a daily basis.

The key message here is that getting the state back to quality service will not be easy, and it will take time. It is not just restoring professionalism by repealing the Brownback spoils system, providing stability to the state employee retirement system, and opening up our state workforce to a wider and more diverse talent pool, but also finding resources to better staff needed functions. Examples include twelve hour shifts at state prisons, way under-staffed Children Services, and just recently, the Kansas Bureau Investigation reports they are 25 staff members below what they need to efficiently work with local officials investigating crimes. Unfortunately, for far-right conservatives, starving the government is a key strategy because the underfunded agency will perform at a lower level of quality, providing the evidence they'll use to make the case for privatization or more tightening of the budget.

Again, a reminder to all the folks who love tax cuts. Yes, it appears you are paying lower taxes because of decisions made, but are they really lower? You still pay taxes (and an increasing amount of fees for government services, which is also a form of taxation), and the declines in service do have an impact—in many cases, far greater than if the services would have been properly funded from the beginning. Whether that is addressing maintenance needs in a timely fashion or seeing that a vulnerable child is taken care of, not doing these things will ultimately cost much, much more.

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Reflecting on Governor Brownback's Six Plus Years

9/28/2017

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With the date set for Governor Brownback’s confirmation hearing (October 4th), we in Kansas have the opportunity to look back on his six plus years as Governor. Below are my reflections on the lasting impacts of his time in office and some thoughts on where we, as a state, go from here.

What we got from Governor Brownback was not quite what we expected. Much changed between the time he was Secretary of Agriculture and Governor. He went from being quite likable and non-controversial to being a very polarizing figure. His leadership approach was certainly not built on bringing people of different persuasions together. Not only did he change religions but, philosophically, he went from reasonably moderate to extreme right.

His policy mistakes were many but none more puzzling than his systematic destruction of the Kansas Bioscience Authority (KBA). What was at one time the darling of legislators across the board (created with bipartisan support in 2004) was now being trashed. Truth was not important and philosophical positions were often quite bizarre. None was more puzzling than his stance against picking winners and losers. He disliked that the KBA worked hard to make the wisest investments for the best interest of Kansas. He preferred that we invest the money without considering the likelihood of success. I think the Bible talks about putting the seeds where they can grow and not on the rocks.

His lack of support for all levels of public education is another example of his move to the far right, which favors private education. This dramatic change of position was totally new for Kansas. Proud of our public school system, most Kansans took for granted that the support from most public officials would be strong. With big money from private donors and other public school opponents, a push to support private education took place—more often and in new, different ways. This includes an assault on our judicial system to change the way we select judges in Kansas, in order to push the policies that these monied interest groups favored.

In his run for re-election, he loved to promise of his support for very much needed highway improvements. He was comfortable endorsing specific projects but never sharing on how they might be funded. Given he robbed extensively from the highway fund to avoid Kansas going broke, maybe that is understandable. Historically, highway maintenance and improvements had strong support from both sides of the isle, but not under this Governor.

As puzzling as anything was his adamant opposition to Medicaid expansion. Kansans were paying for it but not getting it. Despite many Republican Governors accepting the dollars and significant support from Kansas citizens, he stood his ground. The result was pain inflicted on large numbers of Kansans as well as the financial viability of many, particularly rural, community hospitals and nursing homes.

But maybe the most damaging mistake over time will be his lack of support for, and his meat ax approach to, the civil service system and public service in general. I say that because it may take a generation or more to restore the quality state workforce we once had. With the Governor's recommendation and the Legislature’s support, now when a civil service employee leaves the system the position automatically becomes political, bringing back in essence the spoils system that most of us thought was a thing of the past.

The story of the past six years will be about a Governor who sowed the seeds of political division in Kansas. From his all-out attacks on members of his own party, to his blatant disregard for opposing views of any kind, Governor Brownback leveraged a big money machine to turn our state into a petri dish for far-right policy and an extremist approach to governing. This is a far cry from the Kansas that many of us have known and loved.

What will happen to our state as a result of the Brownback years remains to be seen, and it will largely be up to us to decide. Kansans of all political stripes have certainly been activated. And, so far, there are signs that we may learn our lessons from these divisive and damaging years for our state and begin to put Kansas back on the right track by bringing people together around the solutions to our largely self-created challenges. The path forward will not be easy, and there is certainly a lot of work to do. But perhaps the next chapter can be the most exciting and impressive one yet: a state turning the page on division and building a model for how to come together, engage, and overcome the disastrous results left behind by these difficult years for Kansas.

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Taxes Likely to be the Big Issue in the 2018 Kansas Elections

7/6/2017