Guest column 

State Rep. Stan Frownfelter 

31st District, Wyandotte County 

Committees: 

House Energy and Utilities 

House Commerce and Economic Development 

House Taxation 

Week 4 - Jan. 30 - Feb. 3, 2012

In this issue:

This week at the Statehouse

House Taxation Committee considers sales tax holiday

Kansas Arts Commission checkoff fund passes out of committee

Kansas agriculture secretary seeks illegal immigrant waiver 

Gov. Brownback proposes online teacher evaluations

“Uncork Kansas” revives debate over liquor sales in grocery stores

KU Medical Center continues effort to attain National Cancer Institute designation

Concealed carry measure introduced

Keep in touch

This week at the Statehouse

   The session is in full swing now as we have officially completed four weeks of the 12-week session. Monday was the last day that legislators could request bill drafts, and next Wednesday will be the last day that legislators can introduce new bills. We have yet to hit on the extremely high profile issues on the House floor, although we are now casting votes regularly.

   Committees had a full schedule this week. The House Appropriations Committee continues work on the FY2013 budget and spent most of this week focusing on the budgets of fee-funded agencies. Gov. Brownback’s tax plan was introduced in both the House and Senate, although we yet to have a hearing on the proposal. Redistricting is well under way and I anticipate to see some significant movement on that next week. 

   Below, I included updates on several issues we discussed in committee. Overall, I am pleased to report that it was a busy and productive week in the Statehouse.

House Taxation Committee considers sales tax holiday

   The House Taxation Committee considered House Bill 2287, which would give Kansas a tax-free holiday during the first weekend in August, when kids head back to school. Under the proposal, clothing, computer devices, and school supplies would be tax free, up to a certain amount spent on each transaction. The estimated fiscal note is $6 million in lost tax revenue for the weekend.

   Proponents of the bill suggested that many residents cross over to Missouri and Oklahoma during their tax-free holidays, causing Kansas to lose revenue. They also suggest that the holiday may increase revenue for local business, due to the fact that consumers often buy items not covered by the holiday, such as gas and food. This claim was supported by other states who saw a 35 - 45 percent increase in sales during the holiday. 

   Opponents of the bill alleged that the bill will cause uncertainty for local budgets due to the estimated loss of tax revenue. Instead of reducing resources to the state, they suggested restoring funding to some educational programs and services that have been drastically cut in recent years. Other opponents also suggest that a tax holiday will merely shift the timing of consumer purchases and not increase revenue. 

   The committee has not taken action on the bill.

Kansas Arts Commission checkoff fund passes out of committee

   The House Committee on Taxation also discussed House Bill 2454, a bill that would establish a Kansas Arts Commission checkoff fund. The fund would be included on individual state income tax forms. 

   Last year there was quite a bit of controversy surrounding Gov. Brownback’s decision to line-item veto funding for the Kansas Arts Commission. His action made Kansas the only state in the nation that offered no public funding for the arts. Although the governor’s veto was only about $700,000, his action cost Kansas nearly $2 million in arts funding due to matching grants from the federal government. It is highly unlikely that this checkoff could compensate for the loss. There are four income tax checkoff funds currently and last year revenue for all four totaled $415,000. 

   Also, the Kansas Department of Revenue told the committee that already-existing checkoffs (such as Meals on Wheels and Breast Cancer Relief) usually lose revenue when new checkoffs are added. The checkoff would cost almost $88,000 to implement. No other groups testified for or against the bill. 

   The bill has been moved out of committee and awaits a floor vote. 

Kansas agriculture secretary seeks illegal immigrant waiver 

   Kansas Secretary of Agriculture Dale Rodman announced this week that he is seeking a federal waiver to allow illegal immigrants to work in the state. The state-sponsored network would match illegal immigrants with companies wishing to participate in the program. Essentially, this would ensure that businesses have a never-ending pool of low-wage workers from which to call upon in order to meet the bottom line while ignoring the effect of an influx of undocumented workers on Kansas’ labor force. 

   We hear a lot about cracking down on illegal immigration in campaign rhetoric. This is a federal issue, but there are some things we can do at the state level to address the problem. I have long argued that illegal immigrants come to Kansas for jobs, which is why I have supported measures that crack down on corrupt employers who knowingly higher undocumented workers. Businesses who hire undocumented workers do so for cheap labor and to avoid paying benefits and insurance. And, ultimately, illegal immigrants are here illegally. Why should we encourage unscrupulous behavior on both sides of the issue? Instead, I believe we should help Kansas workers and businesses who play by the rules.

   In addition, just last week Gov. Brownback reinforced their support for a new policy at the Department of Social and Rehabilitative Services that abolished food stamps for hundreds of children of illegal immigrants. Kansas officials need to be consistent with their policies regarding immigration. I think it is shameful to condone illegal immigration when it is helpful to business interests, but to condemn illegal immigrants when they wish to feed their children. 

Gov. Brownback proposes online teacher evaluations

   As many are already aware, Gov. Sam Brownback has proposed a sweeping public education overhaul. Initially, we thought this plan was focused on the funding formula, but as it turns out there are components unrelated to school finance that were not discussed until the Legislature began to review the proposal.

   In particular, Gov. Brownback proposes allowing evaluations of teachers online. Fifty percent of a teacher’s evaluation will come from the achievement of their students on grades and standard testing, 40 percent will be from supervisors, peers, parents and students, and the last 10 percent will be based on the employee’s contribution to the profession. Teachers will receive rankings that will be accessible to parents on a public website. 

   For those teachers who receive a “highly effective” status, Gov. Brownback’s proposal recommends a $5,000 bonus. For those who receive an “ineffective” ranking, the governor’s proposes professional development help. For those who receive an “ineffective” rating two years in a row, Gov. Brownback recommends dismissal of the teacher. The plan also states that the dismissed teacher should be not allowed to teach students. 

   Gov. Brownback argued that input from parents and families in the evaluation process will encourage more meaningful engagement between educators and students’ families. He said that it is important for parents to have confidence their child is receiving a quality education, and public evaluations will be a good incentive for teachers to do all they can to perform well. 

   There were many concerns about this proposal from both Republicans and Democrats. First, this is viewed by many as an attempt to blame all student performance outcomes on teachers, which is terribly unfair. Teachers work with kids from many different backgrounds and levels of preparation. There is no “one size fits all” way to teach, which means there cannot be a “one size fits all” method to evaluate teaching. Also, there were concerns about local control. Opponents noted that it should be up to local school boards and administrators to fire bad teachers, not an online symposium. 

   There has been no action on this proposal yet, but I anticipate that it will be highly controversial.

KU Medical Center continues effort to attain National Cancer Institute designation

   Every year 13,000 Kansans are diagnosed with cancer. While we are grateful for the outstanding cancer care available in our state, it is unfortunate that many of our citizens still must travel great distances to access cutting edge clinical trials. 

   The University of Kansas Medical Center has been working to remedy this in its effort to obtain a National Cancer Institute designation. Last week, Kansas Legislators were given an update on the state's efforts to attain a National Cancer Institute facility at the KU Medical Center.  KU Cancer Center director, Dr. Roy Jensen, told lawmakers there have been huge advances in Kansas cancer care with nearly 400 patients enrolled in clinical trials in the state today. Several years ago there were only 36.  Nearly 9,000 patients are treated each year at the KU Cancer Center and just this month a new clinical trials facility saw its first patients.  

   Dr. Jensen said the state's application for NCI designation will be thoroughly reviewed by federal officials in the coming months.  And while few applications are approved on the first submission, Dr. Jensen noted that the Kansas effort is exceptionally strong and has unparalleled support from many areas including local tax sources, the nationally acclaimed KU School of Pharmacy and organizations like the Kansas Masons, the Kansas Bioscience Authority and the Stowers Institute for Medical Research. 

“Uncork Kansas” revives debate over liquor sales in grocery stores

   A coalition of chamber, grocery, and convenience stores have unveiled a campaign called “Uncork Kansas,” reviving a debate about allowing liquor and wine to be sold in grocery and convenience stores. Under current law, liquor and full strength beer is only sold in liquor stores. This proposal - which was also considered last year - would remove that restriction. It would also remove the “liquor only” sales restriction that now apply to liquor stores, so that liquor stores could also expand their sales (presumably to include mixers, ice, etc.). 

   The bill is in the House Federal and State Affairs Committee. It includes last session’s provision for liquor stores to sell their licenses to grocery-convenience stores before the law takes effect at presumably premium prices.

   There is not really a partisan line on this issue. Proponents include grocery stores and convenience stores that would like to expand their sales to include alcohol. They argue that the current law is antiquated and limits consumer choice.  Opponents of the proposal primarily include neighborhood liquor stores that fear that they would be driven out of business. There are also concerns that this measure would lead to an easier path for minors to obtain liquor. 

Concealed Carry measure introduced

   Under current law, public and private buildings may prohibit entry of concealed carry permit holders with signs posted at every entrance. House Bill 2352 would allow concealed carry permit holders to bring firearms into state and municipality facilities. The new bill will prevent state and municipality facilities (such as college campuses) from being able to prohibit firearms by licensed carriers unless it offered adequate security measures. Examples of “adequate security measures” include armed security guards and metal detectors at all public entrances.

   Proponents of House Bill 2353 contend that security can no longer be taken for granted, and gun free zones are an invitation for violent behavior. They believe that guns on campuses will improve personal safety and would prevent incidents such as the 2007 Virginia Tech shooting, in which 32 individuals were killed. It has been suggested that the shooting would have been stopped more quickly if someone had been carrying a concealed weapon.

   Critics of the bill claim this would lead to chaos in emergency situations. Well-trained officers would have a delayed response to an emergency situation, because they would have to take time to distinguish the shooter from someone who was legally permitted to carry a gun. Furthermore, allowing weapons on campus would increase the numbers of risks and hazards. They are reluctant to accept that persons with limited training who are licensed to carry will be able to react in a safe, reasonable manner in a dangerous situation.

   The bill has received a hearing, but the committee has not yet taken action. 

Keep in touch

   It is a special honor to serve as your state representative. I 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 725, Docking State Office, 300 SW 10th, Topeka, Kan., 66612.  You can reach me at 785-296-7648 or call the legislative hotline at 1-800-432-3924 to leave a message for me.  Additionally, you can email me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  You can also follow the legislative session online at www.kslegislature.org.

Useful numbers and resources:

   The following is a list of the numbers I receive the most requests for during the legislative session.  You can find these as well as many others online at http://da.state.ks.us/phonebook.  I hope you will find this information helpful.

Adjutant General:                 

785.274.1001                                             

Department on Aging:    

800.432.3535  

Attorney General:

785.296.2215

Better Business Bureau: 

785.232.0454    

Child/Adult Abuse Hotline:  

800.922.5330 

Child and Family Services

785.296.4653

Commerce:        

785.296.3481 

Consumer Protection:   

800.432.2310

Crime Tip Hotline:

800.572.7463

Crime Victim Assistance:                              

800.828.9745    

Driver’s License Bureau:  

785.296.3963  

Gov. Brownback:

800.748.4408

Kansas Health Wave:

800.792.4884    

Highway Road Conditions:   

800.585.7623    

Housing Hotline:

800.752.4422                                                                

Insurance Hotline:                                          

800.432.2484    

Kansas Lottery:        

785.296.5700                                        

Legislative Hotline: 

800.432.3924

Mental Health Services: 

888.582.3759

Department of Revenue:   

877.526.7738   

School Safety Hotline: 

877.626.8203

Social Security:    

800.772.1213

State Capitol Tours: 

785.296.3966  

Taxpayer Assistance:

800.259.2829  

Tax Refund Status:      

800.894.0318

Teacher Certification:  

785.296.2283  

Unclaimed Property:

800.432.0386 

Unemployment:    

785.296.5074  

Vital Statistics:  

785.296.1405

Voter Registration:

785.296.4561

Welfare Fraud Hotline: 

800.432.3913

Workers’ Comp: 

800.332.0353

Workforce Center:

785.235.5627