Anthony Hensley

for State Senator

By

NEWSLETTER: Day 105: Capitol Comments from Sen. Anthony Hensley

Capitol Comments – June 2, 2017

Want Capitol Comments sent directly to your inbox? Click here to sign up.

When Legislators returned Monday, May 1, for Veto Session all of the major issues remained: a budget, a revenue package, and a school funding formula. Today marked day 105, and the same items remain.

School Finance

After a long night of debate, the Senate passed a school finance plan Wednesday morning on a vote of 23-16. I opposed the plan as it is riddled with flaws both from an adequacy and equity standpoint, making it unconstitutional. In adherence to the oath of office that I take on the first day of every new term, I opposed the bill.

The House has also passed a school finance plan, establishing its position. Their plan has more money, but still contains flaws that make its constitutionality just as questionable. Negotiators from the House and the Senate are now meeting as a conference committee to work out the differences.

Taxes

The Senate passed a tax plan Tuesday night, but it was quickly defeated in the House. I supported the plan on Tuesday because it went a lot further in getting our fiscal house in order. The Brownback income tax cuts went entirely too far and resulted in a self-inflicted budget crisis. The Senate Democrats unanimously voted for this bill to reverse the damage that’s been done by the failed experiment. With the rejection by the House, negotiators have gone back to the drawing board. The House tax committee met this afternoon where additional tax bills were introduced. Needless to say, many options are being discussed.

Budget

Before we can finally adjourn the session, the Legislature must also pass a budget. As you may recall, the Senate passed a budget shortly before leaving for break. It’s not a perfect budget, but it’s a solid start. The House budget committee has been meeting, but nothing has been passed.

Art in the Capitol

On a positive note, a piece of artwork entitled, “Kansas Pictorial” is on display in the rotunda of the second floor. It was created by students at Shawnee Heights Middle School as part of their annual Earth Day project. The students used recycled homework from classroom recycle bins.

The art is a reflection of “historical events, people, and the unique Kansas landscape” and is to serve as a reminder of the “rich heritage of Kansas and the teamwork needed for the future of our state.” It serves as an excellent reminder, and I want to thank these art students and teachers for sharing this spectacular piece with us.

If you have any questions, feel free to contact me at 785-296-3245 or by email at Anthony.Hensley@senate.ks.gov. Or, stop by my legislative office located in room 318-E of the Statehouse. I also encourage you to follow me on Facebook.com/SenatorAnthonyHensley.

Thank you, again, for your continued support.

Sincerely,

Anthony Hensley

Senate Democratic Leader

By

EDITORIAL: Hensley: School funding clock is ticking

The following editorial is attributed to Senate Democratic Leader Anthony Hensley, D-Topeka:

Legislators have a constitutional obligation to adequately and equitably fund Kansas public schools. Yet, as we head past 90 days in the Legislative Session, we still await a funding formula and the current unconstitutional block grant system runs out June 30. In other words, the clock is ticking before we face yet another constitutional crisis.

Earlier this week, House Democratic Leader Jim Ward and I sent a letter to Republican leaders in both chambers identifying our interpretation of the trial panel and Supreme Court decisions in the school finance lawsuit. We believe that in order to satisfy the Court’s order, a new school funding system must include three key components.

First, it must be an actual formula structured to provide for the equitable and adequate funding of K-12 education. This includes base funding for all students with weightings for underperforming subgroups and indexed.

Second, the formula must be adequately funded by the state to ensure the “outputs” meet the Rose standards, the benchmarks the court has been using to make judgments for student performance. Multiple studies have found a direct correlation between funding levels and student achievements. There is no question that increases in funding will result in greater “outputs.”

Finally, the legislature must take action to structurally fix our budget to provide for sustainable funding for K-12 education into the future. Allocating funding for schools well into the future ensures we end the school finance litigation we have endured for entirely too long.

The latest numbers distributed by the chairman of the Senate Select Committee on Education Finance would only increase the base state aid per pupil to $4,080 through the inclusion of $175 million in one-time new funding.

We believe that any school funding plan that seeks to meet the Court’s approval requires no less than $4,500 per student, appropriately weighted, and indexed, by Fiscal Year 2020. It should be noted, though, that this is only $100 more than the “high water mark” we achieved under the previous formula in the 2008-2009 school year and is equivalent to a $12.50 increase each year over the last eight years.

-###-

By

EDITORIAL: Congratulations, graduates; Now vote

The following editorial is attributed to Senate Democratic Leader Anthony Hensley, D-Topeka:

Congratulations to the Class of 2017!

As a high school government teacher for the past 40 years, I would like to give a word of advice to all graduates: VOTE.

There are elections every year. Mark your calendars: August 1, 2017, is Primary Election Day and November 7, 2017, is General Election Day. On the ballot will be local races for city council and local school boards.

Next year, all U.S. House, Kansas House, Governor, and other statewide offices are on the ballot. The Primary Election is August 7, 2018, and the General Election is November 6, 2018.

You may think that your one vote doesn’t count, but it does. You have the ability to determine the path your city, your county, your state, and even your country takes.

Let us never forget that many of the world’s great movements, of thought and action, have flowed from the dreams and work of a single person.

Thomas Jefferson proclaimed that all men are created equal. Abraham Lincoln signed the Emancipation Proclamation. Elizabeth Cady Stanton organized the first event of the women’s rights movement, the Seneca Falls Convention. Rosa Parks refused to take her seat in the back of the bus.

Don’t be afraid to get involved, and don’t be afraid of rocking the boat. Moral courage is a rarer characteristic of the human experience than bravery in battle or great intelligence.

It is moral courage that led to the organized labor movement of the 1930s and 40s, and to the civil rights movement of the 1950s and 60s.

You have bright futures ahead of you. If you don’t like the way things are, work to change them. This starts by registering to vote and then voting.

-###-

By

RELEASE: Hensley responds to purchase of St. Francis

The following statement is attributed to Senate Democratic Leader Anthony Hensley:

“It is great news for Topeka that St. Francis has found a buyer with the University of Kansas Health System and Ardent Health Services. However, to ensure no other hospitals in Kansas face potential closure and to demonstrate our commitment to the 150,000 Kansans who don’t have access to healthcare, we must override Sam Brownback’s veto of Medicaid expansion.”

###

By

NEWSLETTER: Capitol Comments – April 27, 2017

Capitol Comments – April 27, 2017

Want Capitol Comments sent directly to your inbox? Click here to sign up.

Legislators return Monday, May 1, for Veto Session. All of the major issues remain: a budget, a revenue package, and a school funding formula.

During the break, the governor signed into law the adjustments for the 2017 budget. Senate Substitute for Sub House Bill 2052 fills the nearly $300 million shortfall primarily by using one-time money from the Unclaimed Property Fund. This bill passed both chambers with bipartisan support.

Additionally, last week, the Consensus Revenue Estimating Group released updated estimates. Unfortunately, they didn’t change much. Instead of a $1 billion budget shortfall, the state faces $900 million for the next two years. House and Senate budget committees reconvened today to continue discussions on how to address this shortfall.

There is a lot of work left to do, and, ultimately, none of the issues can be resolved without support from 27 Senators and 84 House members. This is the amount needed to override a veto from Governor Brownback.

If you have any questions, feel free to contact me at 785-296-3245 or by email at Anthony.Hensley@senate.ks.gov. Or, stop by my legislative office located in room 318-E of the Statehouse. I also encourage you to follow me on Facebook.com/SenatorAnthonyHensley.

Thank you, again, for your continued support.

Sincerely,

Anthony Hensley

Senate Democratic Leader

In this issue:

  • Francis Hospital
  • Consensus Revenue Estimates
  • Budget update
  • School funding update
  • Bills of interest

ST. FRANCIS HOSPITAL

It has been made clear by SCL Health that Gov. Brownback’s refusal to expand Medicaid in Kansas has contributed to St. Francis Hospital’s financial struggles and has deterred potential buyers, leading to the eventual closure of the hospital.AHQuotefor4.27Newsletter

A statement released last week by SCL Health says, “Additionally, without expanded Medicaid coverage and other challenges related to public programs, St. Francis experienced added pressure. Uncompensated and charity care more than doubled from 2012 to 2016.”

Even if the hospital finds a last minute buyer or is donated, it will still face challenges without Medicaid expansion.

The Legislature must act swiftly to put a bill expanding Medicaid on the governor’s desk when we return next week, and the governor must show his commitment to keeping St. Francis and other Kansas hospitals open by signing it into law. It’s what hospitals and 82 percent of Kansans want.

CONSENSUS REVENUE ESTIMATES

The Consensus Revenue Estimating Group released revised estimates last Thursday, April 20. The new estimates increased revenue by $156.4 million, making the budget shortfall the state faces for the next two years change from $1 billion to about $900 million. The group also identified economic concerns in the areas of agriculture, energy, banking, and manufacturing. (Read more here.)

In other words, this estimate adjustment doesn’t change anything. We still have a self-inflicted budget crisis, inherently unfair tax policies, and underfunded schools. The Legislature has a monumental task ahead of us when we return next week because Gov. Brownback refuses to take any responsibility.

Instead, he continues to falsely claim his tax plan and $360 million in one-time money is somehow going to reduce a $900 million budget shortfall over the next two year. All of this makes it more imperative to override Brownback’s veto on a revenue plan.

BUDGET UPDATE

Shortly before leaving for break, the Senate passed a budget on a vote of 25-15. It’s not a perfect budget, but it is a solid start.

It does not include funding for Medicaid expansion, K-12 education, the highway fund, or the water plan. However, it begins to restore cuts to higher education and ensures the stability of the Children’s Initiatives Fund by not securitizing the tobacco settlement funds. It also gives state employees a pay increase and provides a rate increase to Home and Community Based Services, which helps elderly and disabled Kansans receive quality care in their homes.

The House and Senate budget committees began meeting, again, Thursday and Friday of this week. It is my hope the House committee will pass the Senate budget out for full House consideration as early as next week.

The Senate budget is $400 million short for Fiscal Year 2018 and nearly $500 million short for Fiscal Year 2019 without a revenue package. With a revenue package like House Bill 2178, which passed earlier this session, the budget would end up with a surplus of more than $200 million for each fiscal year. This makes it critical for the Legislature to reconsider a plan like HB 2178.

SCHOOL FUNDING UPDATE

In addition to providing funding for the Senate budget, the Legislature must pass a school funding formula that provides constitutional levels of funding to K-12 schools. The Senate has not proposed a formula, and if something gets proposed during veto session, there will not be time to fully vet it. This is not how a formula should be passed.

Instead, consideration should be given to what the House passes. They have worked all session to develop a formula, holding countless hearings and receiving buy-in from some education stakeholders.

House Bill 2410 is still in the House Committee on K-12 Education Budget, but it is likely to pass out of committee next week. The bill is similar to the old school finance formula and would increase funding to schools by $752 million over five years.

BILLS OF INTERST

To date, the governor has signed more than 30 bills into law. Here are a few of them:

  • STRONGER BEER One of the last bills the Senate considered before adjourning was one that amends current liquor laws to allow the sale of 6.0% alcohol by volume beer to be sold in grocery stores, convenience stores, and drug stores licensed to sell malt beverages. The changes would go into effect April 1, 2019. Under current law, these establishments are only allowed to sell 3.2% or less. House Substitute for Senate Bill 13 passed the House on a vote of 80-45. It passed the Senate on a vote of 27-11; I did not support it because it takes away from small, locally owned liquor stores.
  • STRICTER AMUSEMENT PARK REGULATIONS In the wake of the tragedy at Schlitterbahn waterpark last summer, where a legislator’s son was killed on a water ride, the Kansas Legislature approved a bill imposing stricter regulations on amusement park rides. House Substitute for Senate Bill 70 prohibits any ride from being operated without a valid annual permit to be issued by the Kansas Department of Labor and appropriate registration fees paid. Additionally, the bill outlines procedures for park patrons and park owners to report injuries that occur while on a ride. The bill passed the Senate 35-2 and the House 124-1.
  • ACCESS TO DIGITAL ASSETS SB 63 authorizes access to digital assets by a power of attorney, a trustee, a guardianship or conservatorship, or a fiduciary acting under a will on or after July 1, 2017. The bill passed unanimously.
  • JOEY’S LAW Substitute for SB 74 creates Joey’s Law, which allows individuals to identify themselves as people needing cognition assistance, with either a placard or a decal.
  • VESSEL REGISTRATION SB 26 increases the maximum amount the Kansas Department of Wildlife and Tourism is allowed to charge for vessel registration (motorboats and sailboats) from $30 to $60. No other permit or registration fees were changed. This bill passed the Senate 36-4 and the House 79-43.
  • LICENSED CARE SB 154 requires any agency providing home health, supportive care, or attendant care services to be licensed. Supportive care services are defined as services to provide daily living assistance including, but not limited to, bathing, dressing, eating, medication reminders, walking, and toileting. The bill passed the Senate 38-2 and the House 122-0.
  • WILDLIFE, PARKS & TOURISM LICENSES HB 2191 allows a resident of Kansas charged with violating provisions of law requiring a license, permit, stamp, or other issue from the Kansas Department of Wildlife, Parks, and Tourism (KDWPT) to avoid being convicted if they present their issue of KDWPT that was valid at the time of the alleged violation rather than the date of an arrest. The bill passed the House and Senate unanimously.
  • OPIOD ANTIDOTE HB 2217 requires the Board of Pharmacy issue a statewide opioid antagonist protocol. Essentially, this will allow first responders to administer drugs to combat opioid overdose or symptoms to the patient faster, without threat of civil or criminal liability. This bill passed the House and Senate unanimously.
  • ADVANCED BALLOTS House Bill 2158 allows advance ballots postmarked by the date of the election and received no later than the Friday following the election will now be counted. Additionally, any advance ballots received at any polling place in the county prior to the closing of the polls must be delivered to the appropriate special election board to be counted. Finally, it requires notice of at least 30 days prior to an election of changes to polling places.