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Posts published by “Bob Weeks”

Report from Topeka, June 30, 2005

Thank you again, Karl Peterjohn of the Kansas Taxpayers Network, for your insights into the Kansas Legislature's special session.


The Kansas house passed on a 64-to-59 vote a school spending plan that is contingent on the court not removing any parts of this plan and the voters getting their hands on a constitutional amendment to reaffirm the legislature's fiscal authority. This bill, house substitute for SB 3 goes to the senate for either concurrence or conference committee.

The house is scheduled to take up a constitutional amendment but that won't occur until 2 PM at the earliest. The senate will meet at 2 PM.

It will take at least 4-to-6 house Democrats to vote for a constitutional amendment to offset the Republicans who have been voting against a constitutional amendment in this 125 member body. There are 84 votes needed to pass a constitutional amendment. Two have been discussed.

The house vote is good news in the constitutional battle but it is not decisive by a long shot. If the constitutional amendment(s) is (are) passed and the senate concurs on this bill this special session could end today with this as a response to an overbearing court and a reassertion of legislative powers.

Report from Topeka, June 29, 2005 (afternoon edition)

A second report for today from Karl Peterjohn of the Kansas Taxpayers Network.


The senate Republicans have weighed in and made a significant impact today. A majority of the GOP Senate caucus met with their leadership and made it clear that they would not be involved in other votes on school finance until the constitutional amendment protecting legislative powers issue is resolved.

This is important for a number of reasons. It is a message to the Senate President Steve Morris and the rest of the leadership that their positions are in some jeopardy without keeping a majority of the GOP caucus behind them. Second, it provides leverage for some house Democrats who would like to vote for a constitutional amendment but are being pressured behind the scenes by their leadership starting from the governor's office and working its way down that want to keep the Democrats together (only one house D voted for the amendment last weekend) but some members do not want this to be locked into a position defending the court.

Since 84 votes are needed to pass any constitutional amendment in the house and there are 83 Republicans some Democrats will have to vote for this amendment since there are at least a handful of die-hard liberals led by lawyers Tim Owens and Ward Loyd who have publicly criticized on the house floor the senate passed amendment protecting the legislature's fiscal powers in the strongest words possible. Any amendment would go to the voters in August.

Report from Topeka, June 29, 2005

Thank you again, Karl Peterjohn of the Kansas Taxpayers Network, for your insights into the Kansas Legislature's special session.


The legislative special session is going to reach a crucial turning point today at the Kansas statehouse.

A group of tax and spend Republicans, lead by Rep. Ward Loyd, Rino-Garden City met with Governor Sebelius and received her blessing for a $161 million school finance spending bill that will be debated and voted upon in the Kansas house today. Last year, Loyd begged Democrats to re-register before the August primary so they could vote for him in his tough primary race. Loyd barely won that contest.

If this spending bill passes the legislature will have begun surrendering their fiscal authority to the Sebelius dominated Kansas Supreme Court. While Governor Sebelius only appointed one of the current six judges on the court, Justice Carol Beier, her chief of staff is married to another judge on this court, Justice Donald Allegrucci. In addition, Governor Sebelius has been working to enact the court's $1 billion edict to increase school spending in the Montoy school finance case. In April, the governor endorsed the school districts position opposing the $142 million school spending increase approved by the 2005 legislature and which became law without the governor's signature. She is backing the court's usurpation of fiscal power in this state by her actions.

Report from Topeka, June 28, 2005

Thank you, Karl Peterjohn, Executive Director of Kansas Taxpayers Network.


Here's a legislative update from Topeka as of noon Tuesday. A proposal to raise income and sales taxes has appeared now that the gambling measures are unable to pass out of the Kansas senate in the on going battle over judicial interference with the legislature and school finance in this state.

The house is working on two tracks: the federal and state affairs committee is working on a constitutional amendment that would provide specific boundaries to protect the legislature's appropriation powers. The second track is a supplemental appropriations bill. The latter requires 63 votes to pass in the Kansas house while a constitutional amendment needs 84 house votes and then is submitted to voters for their final approval.

The legislature is operating under the Sebelius Supreme Court's July 1 deadline of appropriating an additional $143 million for the fiscal year that begins on Friday. More is expected next year. Here are the major players and their positions:

Governor Sebelius called the special session and wants expanded gaming (although apparently not by Indian tribes but by state owned franchise monopolies) and the legislature to submit to the court's spending order on school finance. Legislative Democrats are backing her position but have begun expressing support for increased income and sales taxes. It is unclear how big a tax hike the governor is supporting since she relies upon the court and legislative leaders like senate Minority Leader Tony Hensley, D-Topeka when it comes to various revenue measures.

Report from Topeka, June 24, 2005

Thank you again, Karl Peterjohn of the Kansas Taxpayers Network


The $160.7 million school spending bill approved by the Kansas senate yesterday passed with the votes of all 10 senate Democrats and 15 GOP tax 'n spenders. These legislators were also willing to surrender their constitutional and budget authority to the six appointed members of the Kansas Supreme Court.

Here is the list in alphabetical order:

Pat Apple, R; Jim Barone, D; Don Betts, D; Pete Brungardt, R; Jay Emler, R; Marci Francisco, D; Mark Gilstrap, D; Greta Goodwin, D; David Haley, D; Tony Hensley, D Minority Leader; Laura Kelly, D; Janis Lee, D; Steve Morris, R Senate President; Ralph Ostmeyer, R; Roger Pine, R; Roger Reitz, R; Derek Schmidt, R Majority Leader; Vicki Schmidt, R; Jean Schodorf, R; Chris Steineger, D; Mark Taddiken, R; Ruth Teichman, R; Dwayne Umbarger, R; John Vratil, R Vice President; David Wysong, R.

This list includes a variety of folks whose work includes school teachers and school district lawyers. Sen. Barbara Allen, who regularly votes for higher spending and taxes, is suffering from cancer and has not been attending this special session.

Fortunately, the house Education Committee took $149 million out of this outrageous spending plan when they got their hands on it. Three Democrats walked out of the committee meeting in protest of this action. The house will debate this bill later today.

Report from Topeka, June 23, 2005

Writing from a rest stop on Interstate 80 in Iowa where there is free wireless Internet access: Thank you again, Karl Peterjohn of the Kansas Taxpayers Network, for your insights into the Kansas Legislature's special session.


The Kansas senate begin surrendering their legislative powers to the Kansas Supreme Court when a 25-to-14 majority approved a $160 million school spending bill. This surrender took the form of the supreme court may want $143 million but we'll show them with a $160 million!

Take that, Kansas Supreme Court!

Next for the senate is gambling and that wrangling will take quite a while. Last night the senate met until about 9 PM which I cannot recall ever occurring on the first day of any session. Yesterday was the "first day" for this special session.

Only one slight piece of good news was the pro-tax and spend senator Barbara Allen from Johnson County is absent and that means it is a bit harder for the fiscal damage to occur without her consistent record of fiscal profligacy. I wish the reasons for her absense was not tied to her illness. Despite policy differences on fiscal issues I do not wish cancer upon anyone in public or private life.....well there might be a Bin Laden exception.

Jayhawk Judgment

Kansas already spends a shade under $10,000 per student in the public schools -- the most in the region and above the national average even though Kansas is a low cost-of-living state. Also ignored by the courts were the volumes of scientific evidence that the link between school spending and educational achievement is close to nonexistent. Perhaps one reason schools in Kansas aren't as good as they might be is that the state ranks 47 out of 50 in education money that actually finds its way inside the classroom.

Gambling for education

In a free society dedicated to personal liberty, people should be able to gamble.

Report from Topeka, June 22, 2005

Here's a report on the special session of the Kansas Legislature from Karl Peterjohn, Executive Director of the Kansas Taxpayers Network. Thanks to Karl for his fine reporting and commentary.


Here's the start of a blog for KTN and any other quality Kansas sites interested in this state's fiscal crisis thanks to our left-wing, prejudiced Kansas supreme court. For the details on the court's conflicts of interest see the recent KTN editorial column discussing Justice Nuss and Justice Allegrucci's need to recuse themselves in the school finance litigation.

The house is likely done for the day (June 22) with all eyes watching efforts to put together a bill that would raise state school spending beyond the $143 million sought by the court and try and turn Kansas into a state with franchise casinos dotting the state. Kansas would be the only state that I know of where the casinos would be "owned" by the state and then contracted out to operators.

In theory there is a one subject limitation on any bills but once the court threw the rule book out the window it seems like anything goes and this bill could have gambling, appropriations, and new plumbing for the judicial center (tongue-in-cheek on last item) combined into one fat piece of legislation.

How teaching math is politicized in public schools

The Wall Street Journal, in an article titled "Ethnomathematics" (June, 20, 2005, available at this link, although registration may be required) tells us of the transformation of mathematics from a universal language and tool for understanding and problem-solving to a "tool to advance social justice."

How children lose in the Kansas Legislature’s special session

Because the conventional wisdom is that smaller class sizes are good for students, the extra money and smaller class sizes will be saluted as a victory for the children. Editorial writers, school administrators, teachers, and those who don't care to confront facts will thank the Kansas Supreme Court and Kansas Legislature for saving the children.

Tax Abatements For All

Recently I wrote about the Mississippi Beef Plant (The Mississippi Beef Plant Has a Lesson For Us) and its spectacular costs to the taxpayers of Mississippi. I wondered if there were less spectacular failures that we didn't know about because they weren't reported in the news media. Failures in this context could mean a situation where the taxpayers have to make good on a bond or debt that the benefiting company didn't pay, or it could mean a situation where the company doesn't default, but fails to deliver on the promised economic development activity.

The cthics case against Justice Donald L. Allegrucci

I have filed an ethics complaint against Kansas Supreme Court Justice Donald L. Allegrucci. This complaint is on the agenda of the July 1, 2005 meeting of the Kansas Commission on Judicial Qualifications.

Senator Kay O’Connor

The Kansas City Star will not correct an inaccurate story regarding Kansas Senator Kay O'Connor.

Regarding School Finance from Senator Karin Brownlee

What is the higher priority? Should the Legislature send $143 million more to schools or preserve the form of government our forefathers carefully designed over two hundred years ago? The separation of powers doctrine is fundamental to maintaining our free society because it maintains a balance of powers with the judiciary unable to control the budget. That is until last Friday when the Kansas Supreme Court blurred the lines and came out with a ruling that the Kansas Legislature should appropriate an additional $143 million to the K-12 schools, for starters. The Court expects $568 million more after that.

The school productivity crisis

As the Kansas Legislature prepares to meet to consider school financing, it is a good time to reflect upon the state of our public schools.

Base School funding on research, not feelings

On the surface, it would seem like smaller class sizes would produce better educational outcomes. Intuitively, this makes sense.

Research tells a different story, however.

Kansas Supreme Court Bypasses Voters Right to Representation

Following is a press release from Kansas House Member Frank Miller, Republican from Independence. I think he assesses the situation accurately.
Kansas Supreme Court By-Passes Voters Right to Representation

I am shocked and very alarmed that the Kansas Supreme Court by a unanimous decision would so boldly by-pass the authority of the legislature and directly appropriate funding for governmental functions.

Disgraceful decision will hurt Kansas

The Kansas Supreme Court's school finance decision is deeply flawed both in substance and in procedure. This five page judicial edict (www.kscourts.org see case no. 92,032) announced January 3 is designed to pressure the legislature into voting for more spending for public schools without saying by how much. Many tax and spend advocates are now claiming the court is requiring a tax hike, but no such specific language is contained within this decision.

The Invasiveness of Government

TRACKSIDE
by John D'Aloia Jr.
May 31, 2005

Trackside last discussed the use of the legislative process to feed the insatiable itch for power that overtakes elected officials. This past session a majority of Kansas state senators demonstrated the itch by passing SB45, a bill that would have given local jurisdictions the means to instantly collect past due property taxes by making the delinquency a cause for a court judgement against all the landowner's resources to settle the tax debt.

As stated in that Trackside, the ability to condemn or control private property is another route to increasing the power of government. With the Endangered Species Act (ESA), those who covet power found a mighty sword to use against both individual landowners and society. The ESA is infamous for its use as a means not to protect critters but to give government and narrow interest groups power over how citizens use their land and how they spend their money. Examples abound - one of the latest revolves around the endangered Riverside fairy shrimp in California. The Riverside fairy shrimp is a fresh-water shrimp, one-half to one inch long, that lives in mud puddles after it rains. The City of Los Angeles is going to have to remove 1.3 acres of top soil, an estimated 468 tons, using hand trowels, to "transplant" endangered Riverside fairy shrimp eggs from the Los Angeles Municipal Airport (LAX for you frequent flyers) to a preserve being created at the closed El Toro Marine Corps Air Station, said preserve to be maintained by the city. The Federal Aviation Administration refused to allow a reserve for them at LAX because it would have meant having the area covered by water for several months a year, attracting birds that could be sucked into jet engines. The debate has been going on for six years. The cost was not stated. The fairy shrimp has locked up thousands of acres in California, taken it off-limits for development. The shrimp's only value appears to be as an ecofascist tool for gaining control over private property and the use of tax dollars. This is not a productive use of the nation's wealth or a rationale for making tax slaves of citizens.

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